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Abul Hashem Vs. Mahmuda Khatoon & another, 2012, 41 CLC (HCD)
....hose issues came up for trial in Family Suit No.59 of 1998 before the learned Assistant Judge and Family Courts, Fulbaria, Mymensingh. The trial Court by its Judgment and order dated 14-2-2000 partly decreed the suit for maintenance and dower. However, the learned Additional District Judge, in Famil......ion 7 Talaq given without sending notice to the Union Parishad Chairman and the wife, is not talaq in the eye of law……………..(28 & 29) In the absence of record of disputed amount of dower, the plaintiff site should produce more credible evidence e.g. the dower fixed in other marria..Category: Family Law | Date: | Hits: 246
Nur Mohammad Vs. Serajul Islam and others, 2012, 41 CLC (HCD)
....plication of the petitioner Nur Mohammad and another under Section 115(1) of the Code of Civil Procedure the Rule was issued calling upon the opposite parties to show cause as to why the Judgment and decree dated 9-9-1997 passed by the Subordinate Judge (now Joint District Judge), First Court, Chand....... The order of stay granted earlier by this Court is hereby recalled and vacated. Send down the Lower Court's Records at once. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 491. ..Category: Property Law | Date: | Hits: 134
.... 6608 of 2002
Judgment
Mohammad Abdur Rashid J.- Plaintiff No.7 obtained the Rule upon making a revision application under section 115(1) of the Code of Civil Procedure against the judgment and decree dated 01.08.2002 passed by the Joint District Judge, Court No.1 at Manikganj in Title Appeal ......us quo granted earlier at the time of issue of the Rule on 15.12.02 is hereby recalled and vacated.
Send down the records at once.
Ed.
This Case is also Reported in: 13 MLR (HCD) (2008) 273.
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Category: Property Law | Date: | Hits: 100
Foyez Ahmed and others Vs. Uttara Bank and others, 2002, 31 CLC (HCD)
...................Opposite Parties Judgment March 18, 2002. Result: The Rule is made absolute. The Code of Civil Procedure, 1908 (V of 1908); Order XXI rules 58-61 If in execution of a decree, any property is attached any person interested may raise objection that such property is not...... Court is directed to dispose of the application under Order XXI rule 58 in accordance with law on merit. Communicate this order. Ed. This Case is also Reported in: 55 DLR (HCD) (2003) 635. ..Category: Procedural Law | Date: | Hits: 128
Islami Bank and others Vs. Dewan Md. Yusuf, 2002, 31 CLC (HCD)
.... Mahmudul Ahsan, Advocates-For the Respondent. Appeal from Original Decree No.251 of 1999. Judgment AHM Shamsuddin Chowdhury J.- This appeal is directed against the original judgment and the decree dated 28‑2‑1999 passed by the learned Subordinate Judge and Commercial Court No.1, Dhaka,......udgment and the decree passed by the learned Court below. In view of above the appeal is dismissed without any order as to cost. Ed. This Case is also Reported in: 55 DLR (HCD) (2003) 624. ..Category: Criminal Law | Date: | Hits: 130
Md. Mostafa Rana Vs. Most. Farzana Sultana, 2009, 38 CLC (HCD)
....t No.55 of 2006 before the Senior Assistant Judge and Family Court, Feni Sadar, Feni for dower and maintenance. Petitioner as defendant contested the suit by filing written statement. Learned Judge decreed the suit by Judgment and decree dated 12.02.2008. Against this Judgment and decree, petition......eal No.10 of 2008 for default and reusing to re-admit the same. 2. Opposite Party No.1 instituted Family Suit No.55 of 2006 before the Senior Assistant Judge and Family Court, Feni Sadar, Feni for dower and maintenance. Petitioner as defendant contested the suit by filing written statement. Lea..Category: Procedural Law | Date: | Hits: 154
.... was threatened to be evicted by police force on the allegation that it was an abandoned property and hence the suit was filed which was dismissed by the trial Court on 29‑1‑92. Trial Court's decree was plaintiffs appeal was dismissed. The High Court Division in Civil Revision No.3519 of 199......t's order.
For the reasons stated above, the present application is rejected summarily as there is no substance in it.
Ed.
This Case is also Reported in: 50 DLR (HCD) (1998) 628.
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Category: Civil Law, Contempt of Court Law | Date: | Hits: 99
Syeda Helali Begum and others Vs. Shanty Mary Cruez and others, 2008, 37 CLC (HCD)
....imala Purification, predecessor-in-interest of First-Fourth-opposite parties as Plaintiffs on 7.4.1981 instituted a Suit being Title Suit No.434 of 1981 in the Court of Subordinate Judge, Dhaka for a decree of partition in respect of A and B property described in schedule to plaint impleading Kiron ......fact and circumstances of the case I direct the parties to bear their respective costs. Stay granted by this Court stands vacated. Ed. This Case is also Reported in: 13 MLR (HCD) (2008) 360. ..Category: Procedural Law | Date: | Hits: 120
.... such the application is hopelessly time barred and liable to be rejected.
4. It appears that in paragraph 4 of the application for condonation of delay it is stated that the impugned judgment and decree was passed on 10.5.2000 and application for obtaining the certified copy was filed on 1.7.200...... no merit in this rule.
The application for condonation of delay for 679 days is rejected.
Accordingly the rule is discharged.
Ed.
This Case is also Reported in: 13 MLR (HCD) (2008) 425.
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Category: Limitation Law | Date: | Hits: 119
Shamsul Haque Vs. Court of Settlement and others, 1996, 25 CLC (HCD)
....titioner to sell the properties in question and on her failure to grant sale deed the petitioner instituted Title Suit No.3 of 1979, subsequently numbered as Title Suit No.1375 of 1981 and obtained a decree. Then the petitioner got a registered sale deed through Court on 3‑1‑1984. 3. The furt......te notification dated 23rd June, 1986 within 60 days from the receipt of the copy of the Judgment. There will be no order as to costs. Ed. This case is also Reported in:49 DLR (HCD) (1997) 469. ..Category: Property Law | Date: | Hits: 107
Iftekhar Afzal and anothers Vs. Pubali Bank Limited and others, 1998, 27 CLC (HCD)
....against an interlocutory order passed by the Artha Rin Adalat. 10. Mr. Mrinal Kanti Biswas, the learned Advocate submits that Artha Rin Adalat Act, 1990 (Act IV of 1990) has provided that order or decree passed by the Artha Rin Adalat cannot be challenged in any Court except as provided in said A......lt, the Rules are discharged but without any order as to costs. The orders of stay passed by this Court in these Rules stand vacated. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 623. ..Category: Civil Law | Date: | Hits: 171
Md. Abdul Majid and others Vs. Arjat Ali Dewan and others, 2009, 38 CLC (HCD)
....plaint. 3. The defendants contested the suit by filing written statement denying all material allegations made in the plaint. After hearing the learned Judge of the trial Court by the Judgment and decree dated 31-01-1975 dismissed the suit. Against which the plaintiffs as appellants preferred T......rdance with law. Office is directed to communicate the order at once with a copy of Judgment for information and necessary action. Ed. This Case is also Reported in: 7 LG (HCD) (2010) 297. ..Category: Procedural Law | Date: | Hits: 114
....June 7, 2010.
Result:
The Rule is made absolute.
The Code of Civil Procedure, 1908 (Act No. V of 1908); Order XXI Rule 29
An application for staying the execution of a decree till disposal of the pending suit is only attracted when the subsequent suit is pending befor......ned District Judge, Dhaka is vacated.
Communicate this Judgment at once.
M. Moazzam Husain J.- I agree.
Ed.
This Case is also Reported in: 7 LG (HCD) (2010) 284; 18 BLT (HCD) (2010) 261.
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Category: Civil Law | Date: | Hits: 178
Manik K Bhattacherjee Vs. Artha Rin Adalat and other, 2010, 39 CLC (HCD)
....phone exparte hearing was adjourned on 18-9-2007, 18-9-2007, 1-1-2007 and 23-10-2007 and ultimately on 23-10-2007 the learned Judge of the Adalat took up Artha Rin Suit No.219 of 2006 for hearing and decreed exparte. The judgment-debtors having failed to pay the decretal amount, the Bank filed Artha......t any order as to cost. The order of stay stands vacated. Communicate the Judgment of the Artha Rin Adalat No.3, Dhaka at once. Ed. This Case is also Reported in: 16 BLC (HCD) (2011) 195. ..Category: Civil Law | Date: | Hits: 154
Tajul Islam and others Vs. Chini Miah and others, 2007, 36 CLC (HCD)
....43 years. 6. Over pleadings learned Trial Judge framed following Issues: I. Can suit as framed proceed? II. Have Plaintiffs got any title on suit property? III. Are Plaintiffs entitled to decree as prayed for? 7. Over pleadings and Issues, parties fought out suit. Evidence, both oral ....... Orders of stay and ad-interim injunction granted by this Court stand vacated. Records of Courts below be sent down immediately. Ed. This Case is also Reported in: 13 MLR (HCD) (2008) 1. ..Category: Procedural Law | Date: | Hits: 155
Esahaq Ali Mallik and another Vs. Mobarak Sheikh and others, 2009, 38 CLC (HCD)
....al J.- This Rule has been issued on an application under section 115(1) of the Code of Civil Procedure calling upon the opposite party Nos. 1-4, 7-13 to show cause as to why the impugned judgment and decree dated 24-1-2004 (decree signed on 31-1-2004) passed by the Additional District Judge, Bagerha...... No.14 of 1998 dismissing the suit are set aside. Let a copy of the judgment along with lower Court's record be sent down at once. Ed. This Case is also Reported in: 16 BLC (HCD) (2011) 144. ..Category: Property Law | Date: | Hits: 100
Islami Bank Bangladesh Ltd. & another Vs. Agrani Bank & others, 2010, 39 CLC (HCD)
.... Advocate - For the Respondent No.2. First Appeal No.179 of 2001. Judgment M. Moazzam Husain J.- This appeal at the instance of the defendant is directed against the judgment and decree dated 30-7-2000 passed by the learned Subordinate Judge and Additional Artha Rin Adalat No.2 ......t. The impugned judgment and decree passed by the trial court is hereby affirmed. Send down the L/C records at once. Ed. This Case is also Reported in: 16 BLC (HCD) (2011) 150. ..Category: Business or Commercial Law | Date: | Hits: 548
Motiur Rahman Bahadur Vs. Hemanta Kumar Shill, 2010, 39 CLC (HCD)
.... Begum, Advocates - For the Respondent. First Appeal No.42 of 2000. Judgment M Moazzam Husain J.- This appeal at the instance of the defendant No.1 is directed against the judgment and decree dated 24-8-1999 passed by the learned Subordinate Judge 2nd Court, Pirojpur, in Title Suit No......ent and part decree passed by the Subordinate Judge 2nd Court, Pirojpur, is maintained. Send down the lower Court records at once. Ed. This Case is also Reported in: 16 BLC (HCD) (2011) 180. ..Category: Property Law | Date: | Hits: 107
Rafiqul Alam (Md.) Vs. Md. Abdul Awal & others, 2010, 39 CLC (HCD)
....t Md. Azizul Haque J.- On an application under Section 115(1) of the Code of Civil Procedure, this Rule was issued calling upon the Opposite party Nos. 1-9 to show cause as to why the judgment and decree dated 24-2-1997 passed by the Subordinate (now Joint District Judge), First Court, Rangpur ......2-1997 passed by the Subordinate Judge, Rangpur in Order Appeal No.140 of 1995 in hereby affirmed. Send down the LCR accordingly. Ed. This Case is also Reported in: 16 BLC (HCD) (2011) 168. ..Category: Civil Law | Date: | Hits: 144
AKM Abu Sayed Chowdhury Vs. AKM Abdul Wahed Chowdhury and others, 2011, 40 CLC (HCD)
....sion No.2744 of 2007. Judgment Siddiqur Rahman Miah J.- This Rule under section 115 of the Code of Civil Procedure at the instance of plaintiffs-petitioners calls in question the Judgment and decree dated 22-1-2007 passed by the learned Additional District Judge, 2nd Court, Noakhali in Title......al power. In the result the revision fails and the Rule is discharged without any Order as to cost. Sent down the LCR at once. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 298. ..Category: Procedural Law | Date: | Hits: 110
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