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Monowara Begum Vs. Government of Bangladesh others, 2013, 42 CLC (HCD)
.... the petitioner Monowara Begum under section 115 (1) of the Code of Civil Procedure, the Rule was issued calling upon the opposite party Nos. 1 and 2 to show cause as to why the impunged judgment and decree dated 24-5-1997, passed by the learned sub-ordinate Judge, 2nd Court, Jhalkati in the Title A......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: 65 DLR (HCD) (2013) 476. ..Category: Civil Law, Property Law | Date: 16 Jun, 2013 | Hits: 2
A.B.M. Liton Vs. Bangladesh & Others, 2013, 42 CLC (HCD)
....e petitioner and others for realization of loan of 45, 83,628.47 as on 31-3-2011. The petitioner was impleaded in the said suit as defendant No.3. Since no defendants entered appearance, the suit was decreed ex-parte by the judgment and decree dated 5-11-2012. Respondent No. 3 Bank then filed Artha ......the refusal of bail are set-aside in so far as the petitioner is concerned. Communicate this order. Ed. This Case is also Reported in: 66 DLR (HCD) (2014) 207 ..Category: Banking Law | Date: 3 Jun, 2013 | Hits: 5
Bimol Rosario Vs. Barbara Rosario and others, 2013, 42 CLC (HCD)
.... Opposite Party No.1. Civil Revision No. 1033 of 2011. Judgment Sheikh Abdul Awal J. - This Rule was issued calling upon the opposite party No.1to show cause as to why the judgment and decree dated 23-8-2010 passed by the learned Joint District Judge, 1st Court, Gazipur in Title Appea......w are hereby maintained. Let a copy of this judgment along with the lower Court s record be sent down at once. Ed. This Case is also Reported in: 66 DLR (HCD) (2014) 122. ..Category: Civil Law, Evidence Law | Date: 22 May, 2013 | Hits: 3
Nazrul Islam (Md.) & others Vs. Mahfuzur Rahman and others, 2013, 42 CLC (HCD)
....if the suit is remanded back that will serve the purpose of the ends of justice. Since I have taken the decision to sent the suit back on remand upon setting aside the impugned judgment and decree of the appellate Court below it will be beneficial for both. Lawyers Involved: Md. ......order along with the lower Court s record be sent down to the concerned Court for information and necessary action. Ed. This Case is also Reported in: 66 DLR (HCD) (2014) 126. ..Category: Property Law | Date: 21 May, 2013 | Hits: 6
ABSCO Limited Vs. Artha Rin Adalat No.2, Dhaka & another, 2013, 42 CLC (HCD)
....charged. Artha Rin Adalat Ain (VIII of 2003); Sections 10(1) and 19(2) Section 10 of the Ain, 2003 does not provide any provisions for filing applications against the ex-parte judgments and decree of the Adalat similar to the provisions contained in section 19(2) of the Ain. While the appe......charged without any orders as to costs.' Communicate the judgment to the court concerned at once. Ed. This Case is also Reported in: 67 DLR (HCD) (2015) 9. ..Category: Corporate Law, Others | Date: 15 May, 2013 | Hits: 8
Category: Procedural Law | Date: 6 May, 2013 | Hits: 15
Abdul Mukid (Md.) Vs.. Artha Rin Adalat Khulna and another, 2013, 42 CLC (HCD)
....ed the same as Miscellaneous Case No. 148 of 1991 by order dated 19-6-1991, and subsequently, by ex parte Order dated 31-5-1992 allowed the Miscellaneous Case and again by order dated 7-6-1992 passed decree in favour of the Respondent No.2. Respondent No.2 then put the said decree into execu&sh......d or certificates issued by the said Artha Rin Adalat also resulted in nullity. Ed. This Case is also Reported in: 66 DLR (HCD) (2014) 211. ..Category: Corporate Law | Date: 21 Apr, 2013 | Hits: 4
Dr. AH Ali Haider Qureshi Vs. Dr. Ali Asker Qureshi, 2013, 42 CLC (HCD)
....e defendant who is the petitioner of Civil Revision No. 242 of 2009 after filing a written statement denied the case of the plaintiff therein but the plaintiff managed to obtain an ex parte decree. Subsequent to that, the ex parte decree was set-aside and the original suit was restored to ...... of issuance of the order of leave stands vacated. 19. However, there will be no order as to costs. Ed. This Case is also Reported in: 65 DLR (HCD) (2013) 197 ..Category: Property Law | Date: 6 Mar, 2013 | Hits: 3
Md. Mostafa Vs. Nrayangonj District Council and others, 2013, 42 CLC (AD)
....against the judgement and order dated 13.01.2009 passed by a Single Bench of the High Court Division in Civil Revision No.2987 of 2004 making the Rule absolute and thereby reversing the judgement and decree dated 06.04.2004 passed by the Additional District Judge, First Court, Narayangonj in Title A...... Court. We do not find any cause to interfere with the impugned judgment and order of the High Court Division. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: ..Category: Civil Law | Date: 1 Mar, 2013 | Hits: 115
Category: Civil Law, Procedural Law | Date: 26 Feb, 2013 | Hits: 3
Amir Hossain Sowdagar Vs. Md. Harunur Rashid and others, 2013, 42 CLC (AD)
...., he had rescinded the agreement and that the time being the essence of the contract, the suit is liable to be dismissed. 3. The trial court by judgment and order dated 29th September, 2008 decreed the suit. Defendant appealed from the said judgment in the High Court Division which affirme......ismissed. The appeal is dismissed with the above modification of the judgment, without however, any order as to costs. Ed. This Case is also Reported in: 65 DLR (AD) (2013) 130. ..Category: Contract Law | Date: 20 Feb, 2013 | Hits: 42
Shamir Chandra Sajwal and others Vs. Government of Bangladesh, 2013, 42 CLC (HCD)
.... application filed under section 115(1) of the Code of Civil Procedure at the instance of the plaintiff-respondent-petitioners calling upon the Opposite-Party to show cause as to why the judgment and decree dated 3-11-2010 passed by the learned Joint District Judge, 3rd Court, Barisal in Title Appea......no order as to costs. Let a copy of the judgment along with the Lower Court's Record be sent down at once. Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 386. ..Category: Procedural Law | Date: 13 Feb, 2013 | Hits: 8
Paresh Chandra Biswas Vs. Shree Shree Shashan Kalimata Idol and others, 2013, 42 CLC (AD)
....spondents. Civil Petition for Leave to Appeal No.927 of 2009. Judgment Syed Mahmud Hossain J. - This civil petition for leave to appeal is directed against the judgment and decree dated 16.02.2009 passed by the High Court Division in First Appeal No. 146 of 2002 dismissin......ation of law and fact do not call for interference. Accordingly, this Civil Petition for Leave to Appeal is dismissed. Ed. This Case is also Reported in: 21 BLT (AD) (2013) 339. ..Category: Hindu Law | Date: 17 Jan, 2013 | Hits: 14
Abul Khair Chandu Vs. State and another, 2013, 42 CLC (HCD)
....th the bank in the matter of taking loan and repaying the same. Due to default in making repayment of loan, the complainant-opposite-party also instituted Artha Rin Case No. 3 of 2005, which was decreed on 5-3-2007, and the Decree Execution Case No.24 of 2007 is still pending. So, business tran...... all necessary. 17. Send a copy of the judgment and order to the concerned Court below immediately. Ed. This Case is also Reported in: 65 DLR (HCD) (2013) 230 ..Category: Banking Law, Criminal Law | Date: 7 Jan, 2013 | Hits: 2
Gulf Air Company GSC and another Vs. Travel Trade Ltd. and others, 2013, 42 CLC (AD)
....ent No.1 as plaintiff (hereinafter referred to as the plaintiff) filed Title Suit No.565 of 2012 in the Court of Assistant Judge, Second Court, Dhaka for the following reliefs: "A. Pass a decree declaring that the initiation of arbitration proceeding by the defendant No.1 in Singapore b......09 of 2012 pending before him on merit positively within three weeks from the date of receipt of this judgment. Ed. This Case is also Reported in: 18 MLR (AD) (2013) 156. ..Category: Procedural Law | Date: 4 Jan, 2013 | Hits: 8
Muzibul Haque (Md.) Vs. Bangladesh and others, 2012, 41 CLC (HCD)
....uction notice dated 31-3-2010 (Annexure-A) issued by the respondent Bank regarding the auction sale of the mortgaged property of the petitioner without giving him any prior notice or without any decree from the Artha Rin Adalat. At this stage the petitioner moved this Division and obtained......s Division at the time of issuance of the Rule is hereby recalled and vacated. Communicate at once. Ed. This Case is also Reported in: 65 DLR (HCD) (2013) 138 ..Category: Banking Law | Date: 6 Dec, 2012 | Hits: 3
Amanullah (Md.) and other Vs. Abdul Aziz and others, 2012, 41 CLC (HCD)
....3 Mr. Justice Badrul Haider Chowdhury observed: "Contempt of Court means civil contempt or criminal contempt and civil contempt is defined as willful disobedience to any judgment, decree, direction, order, writ or other processes of Court or willful breach of an undertaking given...... With the above observations and directions this Rule is disposed of. Communicate at once. Ed. This Case is also Reported in: 65 DLR (HCD) (2013) 485. ..Category: Constitutional Law, Contempt of Court Law | Date: 5 Dec, 2012 | Hits: 4
Category: Procedural Law | Date: 5 Dec, 2012 | Hits: 75
Abdul Mannan Bhuiyan & others Vs. Md. Nasir Hossain, 2012, 41 CLC (AD)
.... the petitioners seek leave to appeal against the judgment and order dated 1-6-2009 passed by the High Court Division in Civil Revision No.1090 of 2009 discharging the Rule affirming the judgment and decree dated 3-3-2004 passed by the learned Additional District Judge, First Court, Narayanganj in T......facts do not call for interference by this Division. Accordingly, this civil petition for leave to appeal is dismissed. Ed. This Case is also Reported in: 18 BLC (AD) (2013) 44. ..Category: Property Law | Date: 2 Dec, 2012 | Hits: 35
Bengal Techno Leather Ltd Vs. Islami Bank Bangladesh Ltd, 2012, 41 CLC (HCD)
....f plaint. 4. I have heard the learned Advocates in support of their respective contentions. 5. The instant suit has been filed on payment of advelorem Court Fees, with prayer to pass a decree in favour of the plaintiff against the defendant, his claim based on the claim arising o......defend the suit (by filing written statement, supported by affidavit within 17-1-2013). Ed. This Case is also Reported in: 65 DLR (HCD) (2013) 179 ..Category: Administrative Law | Date: 28 Nov, 2012 | Hits: 5