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M/S. Udayan Board Mills Vs. Janata Bank and another, 2010, 39 CLC (HCD)

....earlier by this Court stands vacated. Communicate this judgment at once. M. Moazzam Husain J.- I agree. Ed. This Case is also Reported in: 7 LG (HCD) (2010) 365; 18 BLT (HCD) (2010) 266. ......0) 365; 18 BLT (HCD) (2010) 266. ......earlier by this Court stands vacated. Communicate this judgment at once. M. Moazzam Husain J.- I agree. Ed. This Case is also Reported in: 7 LG (HCD) (2010) 365; 18 BLT (HCD) (2010) 266. ......ey Execution Case No.41 of 1999 should not be set-aside. 2. The material facts of the case as nec­essary for disposal of the Rule are that the opposite party No.1, Janata Bank, Fatullah Branch as plaintiff on 01.10.1996 instituted a suit being Artha Rin (Mortgage) Suit No.43 of 1996 in the Court..

Category: Civil Law | Date: | Hits: 129

Ahmed Hossain and others Vs. Md. Samsur Ali Mondal and others, 2006, 35 CLC (HCD)

....e appeal as early as possible preferably within four months from the date of receipt of this order. Communicate the order at once. Ed. This Case is also Reported in: 15 BLT (HCD) (2007) 181. ...... Communicate the order at once. Ed. This Case is also Reported in: 15 BLT (HCD) (2007) 181. ......e appeal as early as possible preferably within four months from the date of receipt of this order. Communicate the order at once. Ed. This Case is also Reported in: 15 BLT (HCD) (2007) 181. ......ners has taken me through the impugned order dated 01.08.2000 as well as the earlier order dated 30.05.99 and other materials on record as annexed with the revisional application and submits that the plaintiff opposite parties instituted partition suit No.12 of 84 for partitioning of the case land a..

Category: Property Law | Date: | Hits: 96

Md. Siddique Miah Vs. Most. Mazeda Begum and others, 2009, 38 CLC (HCD)

....without any order as to cost. The order of stay granted earlier stands vacated. Office is directed to communicate the order at once. Ed. This Case is also Reported in: 7 LG (HCD) (2010) 362. ...... 7 LG (HCD) (2010) 362. ......without any order as to cost. The order of stay granted earlier stands vacated. Office is directed to communicate the order at once. Ed. This Case is also Reported in: 7 LG (HCD) (2010) 362. ......tion Act in Family Execution Case No.03 of 2008, suffers from an error of law resulting in an erroneous deci­sion occasioning failure of justice. 2. Material facts are that opposite party No.1 as plaintiff instituted Family Suit No.12 of 2000 in the Family Court Patharghata, impleading the petit..

Category: Limitation Law | Date: | Hits: 147

Sarder Mohammad Abdur Rahman and others Vs. Janata Bank and another, 2010, 39 CLC (HCD)

.... Rule is discharged without any order as to cost. Send down the lower Court's record at once. Nozrul Islam Chowdhury J.- I agree. Ed. This Case is also Reported in: 7 LG (HCD) (2010) 356. ......) 356. ...... Rule is discharged without any order as to cost. Send down the lower Court's record at once. Nozrul Islam Chowdhury J.- I agree. Ed. This Case is also Reported in: 7 LG (HCD) (2010) 356. ......is contention he has referred to the case of Nur Islam Vs. Agrani Bank reported in 49 DLR AD 135. 6. Heard the learned Advocates, perused the application. 7. It appears from the record that the plaintiff opposite party No.1 Bank instituted Title Suit No.211 of 2001 under the Artha Rin Adalat A..

Category: Civil Law | Date: | Hits: 89

Abdur Jabbar Sheikh Vs. Md Rafiqul Islam and others, 2010, 39 CLC (HCD)

....side and that of the trial court is restored. However, there shall be no order as to cost. Send the LCR back to the courts below. Ed. This Case is also Reported in: 16 MLR (HCD) (2011) 470. ......70. ......side and that of the trial court is restored. However, there shall be no order as to cost. Send the LCR back to the courts below. Ed. This Case is also Reported in: 16 MLR (HCD) (2011) 470. ......  Khandker Gulsar Hossain, Advocate- For the Opposite Parties. Civil Revision No.2216 of 2003. Judgment AFM Abdur Rahman J. - This Rule dated 28.5.2003 issued at the instance of the plaintiff-respondent-peti­tioner is directed against the judgment and decree dated 15.4.2003 passed..

Category: Property Law | Date: | Hits: 119

Mahmudul Huq and others Vs. Nowab Ali Chowdhury and others, 1995, 24 CLC (HCD)

.... from the date of receipt of the lower Court record. Let the lower Court record be sent down to the Court concerned expeditiously. Ed. This case is also Reported in:49 DLR (HCD) (1997) 405. ......ditiously. Ed. This case is also Reported in:49 DLR (HCD) (1997) 405. ...... from the date of receipt of the lower Court record. Let the lower Court record be sent down to the Court concerned expeditiously. Ed. This case is also Reported in:49 DLR (HCD) (1997) 405. ......Opposite Party Nos.4 and 5. Omar Farook, Advocate ‑ For Opposite Party Nos.10, 11 and 12. Civil Revision No.5695 of 1991. Judgment Kazi Ebadul Hoque J.- This Rule at the instance of the plaintiff-­petitioners is against Judgment and decree dated 12‑5‑1990 passed by the Subordinate..

Category: Property Law | Date: | Hits: 97

Abdus Salam Vs. Korban Ali and another, 1992, 21 CLC (HCD)

....ent to the Court below immediately and on receipt of the same the lower Court is accordingly directed to inform the parties concerned. Ed. This Case is also Reported in:48 DLR (HCD) (1996) 372. ...... in:48 DLR (HCD) (1996) 372. ......ent to the Court below immediately and on receipt of the same the lower Court is accordingly directed to inform the parties concerned. Ed. This Case is also Reported in:48 DLR (HCD) (1996) 372. ......site Party No.1. Civil Revision No.65 of 1989. Judgment Muhammad Ansar Ali J.- This Rule was issued in pursuance of the application under section 115(1) of the Code of Civil Procedure of the plaintiff petitioner upon the opposite parties calling upon them to show cause as to why the prayer ..

Category: Civil Law | Date: | Hits: 112

Abdul Hamid Shaikh Vs. Sree Sree Ram Krishna Dev & others, 1993, 22 CLC (HCD)

....ithout any order as to costs. Let the records of this case be sent down with a copy of this Judgment as expeditiously as possible. Ed. This Case is also Reported in:48 DLR (HCD) (1996) 367. ...... Sree Sree Ram Krishna Dev & ors.................Respondent Judgment July 18, 1993. Result: The First Miscellaneous Appeal is dismissed. Cases Referred to- Choumuhani College and another Vs. Md. Ismail Hossain and others, 26 DLR 10; 11 DLR 377; Tarangini Debi Vs. Govinde Mal......ithout any order as to costs. Let the records of this case be sent down with a copy of this Judgment as expeditiously as possible. Ed. This Case is also Reported in:48 DLR (HCD) (1996) 367. ......il in Title Suit No.611 of 1978 and sending the suit back on remand to the trial Court for fresh hearing and disposal in the light of observations made in the body of the impugned Judgment. 2. The plaintiff Sree Sree Ram Krishna Dev Bigraha Asram represented by its Shebait instituted a suit being..

Category: Property Law | Date: | Hits: 113

Eastern Bank Limited Vs. Subordinate Judge and another, 1997, 26 CLC (HCD)

....nd of no legal effect and Artha Rin Adalat is directed to return the plaint to the plaintiff for presentation before the proper Court. Ed. This case is also Reported in:49 DLR (HCD) (1997) 531. ......sion (Special Original Jurisdiction) Present: Kazi Ebadul Hoque J Amirul Kabir Chowdhury J Eastern Bank Limited……………………………Petitioner Vs. Subordinate Judge and another………………………………Respondents Judgment February 5, 1997. Resu......nd of no legal effect and Artha Rin Adalat is directed to return the plaint to the plaintiff for presentation before the proper Court. Ed. This case is also Reported in:49 DLR (HCD) (1997) 531. ......dollar 9,810,011.44 with interest claiming that defendant‑petitioner is the successor‑in‑interest of the defunct Bank of Credit and Commerce International (Overseas) Limited, Dhaka and that the plaintiff‑respondent deposited US dollar 60,00,000.00 in FC account No.017‑00206 at the principa..

Category: Civil Law | Date: | Hits: 119

Mizanur Rahman Khan Vs. American Liner Systems, USA and others, 2010, 39 CLC (HCD)

.... Court fee paid is sufficient. Hence it is ordered. That the suit be and hereby dismissed without any order as to costs. Ed. This Case is also Reported in: 16 BLC (HCD) (2011) 132.   ......sp; ...... Court fee paid is sufficient. Hence it is ordered. That the suit be and hereby dismissed without any order as to costs. Ed. This Case is also Reported in: 16 BLC (HCD) (2011) 132.   ...... Defendant Nos. 3 & 3A.  BM Elias, Advocate - For the Defendant Nos. 1 & 2.  Admiralty Suit No.54 of 1998. Judgment AFM Abdur Rahman J.- This Admiralty Suit filed by the plaintiff Mizanur Rahman Khan against the defendant No.1 American Liner Systems, USA, the owner of t..

Category: Admiralty Law or Maritime Law | Date: | Hits: 693

Dr. Md. Abul Kalam and another Vs. Government of the People's Republic of Bangladesh and others, 2010, 39 CLC (HCD)

....municate this judgment to the respondent No.2, Artha Rin Adalat No.3, Dhaka at once. Zinat Ara J.- I agree. Ed. This Case is also Reported in: 7 LG (HCD) (2010) 338; 18 BLT (HCD) (2010) 185. ......ed in: 7 LG (HCD) (2010) 338; 18 BLT (HCD) (2010) 185. ......municate this judgment to the respondent No.2, Artha Rin Adalat No.3, Dhaka at once. Zinat Ara J.- I agree. Ed. This Case is also Reported in: 7 LG (HCD) (2010) 338; 18 BLT (HCD) (2010) 185. ......n (Annexure-D) shall not be declared to have been passed without lawful authority and is of no legal effect. 2. Relevant facts, in short, are that the respondent No.7, Manager, Pubali Bank Ltd. as plaintiff instituted Artha Rin Case No.64 of 2005 before the Artha Rin Adalat, 3rd Court, Dhaka for ..

Category: Civil Law | Date: | Hits: 127

Md. Amanullah and others Vs. Md. Sirajul Islam, 2009, 38 CLC (HCD)

..... 28. Office is directed to send down the records of this case at once with a copy of judgment for information and necessary action. Ed. This Case is also Reported in: 7 LG (HCD) (2010) 332. ......formation and necessary action. Ed. This Case is also Reported in: 7 LG (HCD) (2010) 332. ....... 28. Office is directed to send down the records of this case at once with a copy of judgment for information and necessary action. Ed. This Case is also Reported in: 7 LG (HCD) (2010) 332. ......07.2002 passed by the learned Senior Assistant Judge, Rupgonj, Narayanganj, decreeing the Title Suit No.61 of 1999. 2. Short facts leading to this Rule are that on 28.04.1999 the opposite party as plaintiff instituted Title Suit No.61 of 1999 in the Court of Senior Assistant Judge, Rupgonj, Naray..

Category: Civil Law | Date: | Hits: 181

Wazuddin and others Vs. Md. Serajuddin @ Islam and others, 2009, 38 CLC (HCD)

....o granted at the time of issuance of the rule is hereby vacated. Send down the L.C. records immediately. Ed. This Case is also Reported in: 16 MLR (HCD) (2011) 217; 61 DLR (HCD) (2009) 788. ...... This Case is also Reported in: 16 MLR (HCD) (2011) 217; 61 DLR (HCD) (2009) 788. ......o granted at the time of issuance of the rule is hereby vacated. Send down the L.C. records immediately. Ed. This Case is also Reported in: 16 MLR (HCD) (2011) 217; 61 DLR (HCD) (2009) 788. ......in @ Islam and others .............Opposite parties Judgment October 7, 2009. Result: The Rule is made absolute. In a suit for declaration of title and for recovery of possession, the plaintiff must prove his cause of auction i.e. his possession in and dispossession from the suit lan..

Category: Property Law | Date: | Hits: 106

Masum Sharif Bhuiyan and others Vs. Narayangonj Pourashava repre­sented by its Administrator and others, 2010, 39 CLC (HCD)

.... appeal is allowed without any order as to coasts. Send down the lower Court records at once. Nozrul Islam Chowdhury J.- I agree. Ed. This Case is also Reported in: 7 LG (HCD) (2010) 321. ......d. This Case is also Reported in: 7 LG (HCD) (2010) 321. ...... appeal is allowed without any order as to coasts. Send down the lower Court records at once. Nozrul Islam Chowdhury J.- I agree. Ed. This Case is also Reported in: 7 LG (HCD) (2010) 321. ......l Hafiz J.- This appeal is directed against the judgment and decree dated 23.4.2006 passed by the learned Joint District Judge and Artha Rin Adalat, Narayangonj in Title Suit No.69 of 2006. 2. The plaintiff appellants instituted the instant suit for declaration of title in the suit land. 3. Th..

Category: Property Law | Date: | Hits: 105

S.N. Kabir Vs. Mrs. Fatema Begum, 2010, 39 CLC (HCD)

.... In the result, the appeal is dismissed without order as to costs. Send down the lower Court records. M. Enayetur Rahim J.- I agree. Ed. This Case is also Reported in: 7 LG (HCD) (2010) 310. ......s. Kempton Park Racecourse Co. Ltd., [1899] AC 143 at page 185; Jute Mills Vs. Bangladesh, 29 DLR (SC) 85; Jennings Vs. Kelly, 1940 A.C. 206; (1939) All. E.R. 464; M/S. Speed Bride Navigation Company and another Vs. Bangladesh, 27 DLR (1975) 170; Anwar Hossain Chowdhury Vs. Government of the People'...... In the result, the appeal is dismissed without order as to costs. Send down the lower Court records. M. Enayetur Rahim J.- I agree. Ed. This Case is also Reported in: 7 LG (HCD) (2010) 310. ......eogi - For the Appellant.  Abdul Wudud Bhuiyan with Mahbubey Alam - For the Respondent.  First Appeal No.322 of 2003. Judgment Farid Ahmed J.- This Appeal was pre­ferred by the plaintiff against the judgment and decree dated 17.9.2003 passed by the learned Joint District Judge..

Category: Property Law | Date: | Hits: 134

Subhra Nandi Majumder Vs. Amar Prasad Bhattacharjee and others, 1997, 26 CLC (HCD)

....harged. In the result, the Rule is discharged without any order as to costs, The order of stay granted by this Court stands vacated. Ed. This Case is also Reported in:49 DLR (HD) (1997) 227. ......Ed. This Case is also Reported in:49 DLR (HD) (1997) 227. ......harged. In the result, the Rule is discharged without any order as to costs, The order of stay granted by this Court stands vacated. Ed. This Case is also Reported in:49 DLR (HD) (1997) 227. ......, Advocates ‑ For the Opposite Party No.1. Civil Revision No.4497 of 1991 (Dhaka). Civil Revision No.33 of 1988 (Ctg). Judgment Qazi Shafiuddin J.- This Rule was issued calling upon the plaintiff‑opposite party No.1 to show cause as to why the impugned order being order No.67 dated 2..

Category: Civil Law | Date: | Hits: 117

Ananda Charan Halder Vs. Shubhadra Bachar & others, 1989, 18 CLC (HCD)

....n record I think cannot be disturbed in 2nd Appeal. In the result, the appeal is dismissed, however, without any order as to costs. Ed. This Case is also Reported in: 36 DLR (HCD) (1984) 78. ...... as to costs. Ed. This Case is also Reported in: 36 DLR (HCD) (1984) 78. ......n record I think cannot be disturbed in 2nd Appeal. In the result, the appeal is dismissed, however, without any order as to costs. Ed. This Case is also Reported in: 36 DLR (HCD) (1984) 78. ......For the Appellant. A. K. Badrul Hug for Syed Mokaddas Ali— For the Respondents. Second Appeal No.457 of 1964. Judgment Abdul Matin Khan Chowdhury J.- This appeal at the instance of the plaintiff is directed against the judgment and decree dated 4th December, 1962 passed by the learned..

Category: Procedural Law | Date: | Hits: 81

Administrator, Zilla Board Vs. Mukhlesur Rahman, 1983, 12 CLC (HCD)

....udge are set aside and the plain­tiff's suit is dismissed without any order as to costs. Let the records be sent back immediately. Ed. This Case is also Reported in: 36 DLR (HCD) (1984) 71. ......ases Referred to- Bangladesh Small Industries Corporation Vs. Mahboob Hossain Chowdhury,29 DLR (S.C.)41; Bang­ladesh Biman Corporation Vs. Chowdhury Md. Yusuf, 31 DLR (AD) 305; 29 DLR (SC) 39, 41 and 31 DLR (AD) 305; District Council Vs. Dr. M.K. Rahman, 33 DLR 438. Lawyers Involved: T. H.......udge are set aside and the plain­tiff's suit is dismissed without any order as to costs. Let the records be sent back immediately. Ed. This Case is also Reported in: 36 DLR (HCD) (1984) 71. ......l raises the question of the legal status of the employees appointed by the District Councils later District Boards, under the Works Programme and it arises out of a judgment of affirmance. 2. The plaintiff Md. Mukhlesur Rahman filed O.C. Suit No.157 of 1974 in the First Court of Munsif, Sadar, M..

Category: Employment/Service Law | Date: | Hits: 120

Mohammad Latif Anowar Chowdhury Vs. Mohammad Fazle Moubin Faruki and others, 2010, 39 CLC (HCD)

....e application seeking to injunction under Order 39 Rule 1 of the Code of Civil Procedure by the plaintiff in the suit also rejected. Ed. This Case is also Reported in: 16 MLR (HCD) (2011) 372. ......Civil Revisional Jurisdiction) Present: Shahidul Islam J Md. Rais Uddin J Mohammad Latif Anowar Chowdhury...........Defendant-Appellant-Petitioner Vs. Mohammad Fazle Moubin Faruki and others..........Plaintiff-Respondent-Opposite Parties Judgment November 11, 2010. Resul......e application seeking to injunction under Order 39 Rule 1 of the Code of Civil Procedure by the plaintiff in the suit also rejected. Ed. This Case is also Reported in: 16 MLR (HCD) (2011) 372. ......o in respect of position, posses­sion, nature and character of the prop­erty in question till disposal of the rule. 3. Facts relevant for disposal of the Rule are that the opposite party No.1 as plaintiff has instituted Other Suit No.229 of 2009 in the 2nd Court of learned Joint District Judge,..

Category: Civil Law | Date: | Hits: 115

M/S Polish Ocean Lines and another Vs. Bangladesh and another, 2009, 38 CLC (HCD)

....ttagong in Money Suit No.97 of 1985 is hereby set aside. There will be no order as to cost. Send down the L.C. Records at once. Ed. This Case is also Reported in: 16 MLR (HCD) (2011) 369. ......d in: 16 MLR (HCD) (2011) 369. ......ttagong in Money Suit No.97 of 1985 is hereby set aside. There will be no order as to cost. Send down the L.C. Records at once. Ed. This Case is also Reported in: 16 MLR (HCD) (2011) 369. ...... in Money Suit No.97 of 1985 decreeing the suit against the defendant Nos.1 and 2 (appellants) with interest @15% per annum with effect from the date of filing of the suit till realisation. 2. The plaintiff's case, in short, is that the plaintiff imported a consignment of 13 cases of equipments (..

Category: Admiralty Law or Maritime Law | Date: | Hits: 570