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Hanif Chowdhury alias Serajul Islam Chowdhury Vs. Mohammad Hasan Ali and another, 2007, 36 CLC (HCD)
....tay granted by this Court dated 2.9.1992 is hereby vacated. The officer is directed to send down the lower Court's record at once. Ed. This Case is also Reported in: 15 BLT (HCD) (2007) 415. ......e Court High Court Division (Civil) Present: Shahidul Islam J Hanif Chowdhury alias Serajul Islam Chowdhury………………………Defendant-Petitioners Vs. Mohammad Hasan Ali and another………………………………Plaintiff-Opposite Parties Judgment March 22, 2......tay granted by this Court dated 2.9.1992 is hereby vacated. The officer is directed to send down the lower Court's record at once. Ed. This Case is also Reported in: 15 BLT (HCD) (2007) 415. ......e that the suit land belonged to the minor defendant Hanif Sarder. His mother Rahima Begum on behalf of her minor son entered into a contract for sale of the said land at Tk.30,000/- in favour of the plaintiff Mohammad Hasan Ali. Out of that consideration money an amount of Tk. 12,000/- was paid as ..Category: Civil Law | Date: | Hits: 129
Mrs. Hasina Shams Vs. IFIC Bank Ltd. & Others, 2005, 34 CLC (HCD)
....aw involved made the Rule absolute and there is no material on the record to call for interference. The petition is dismissed. Ed. This Case is also Reported in: 2007 (XV) BLT (AD) 174.......IFIC Bank Ltd. & Others………….....Respondents Judgment July 30, 2005. Result: The petition is dismissed. Case Referred to: Guhlam Rahman vs. National Bank Ltd. and others 16 BLD (AD) 250. Lawyers Involved: Nurul Islam Bhuiya, Advocate-on-Record - F......aw involved made the Rule absolute and there is no material on the record to call for interference. The petition is dismissed. Ed. This Case is also Reported in: 2007 (XV) BLT (AD) 174....... the order dated 22.2.2000 passed by the respondent No.2 in Title Suit No.33 of 1999 striking out the name of the defendant No.5 from the plaint of the aforesaid suit. 2.The respondent No.1, as plaintiff, instituted the above suit for realization of Tk. 59,00,53,045.66 with interest stating, i..Category: Civil Law | Date: | Hits: 122
Estaque Ali Howlader & others Vs. Jahangir Alam Matbar, 1983, 12 CLC (HCD)
....ated 7.7.83 passed by the learned District Judge, Bakerganj in Miscellaneous Appeal No.96 of 1983 in hereby set aside. No costs. Ed. This Case is also Reported in: 35 DLR (HCD) (1983) 398. ......o.225 of 1983 for a permanent injunction restraining the defendants-petitioners, from entering into the suit properties by force. Their case, in brief, is that plaintiff No.1 Jahangir Alam Matubbar and his brother defendant No.2 Babar Ali Matubbar and his mother Shamsun-nahar Begum defendant No.3 ......ated 7.7.83 passed by the learned District Judge, Bakerganj in Miscellaneous Appeal No.96 of 1983 in hereby set aside. No costs. Ed. This Case is also Reported in: 35 DLR (HCD) (1983) 398. ......he opposite parties filed Title Suit No.225 of 1983 for a permanent injunction restraining the defendants-petitioners, from entering into the suit properties by force. Their case, in brief, is that plaintiff No.1 Jahangir Alam Matubbar and his brother defendant No.2 Babar Ali Matubbar and his moth..Category: Civil Law | Date: | Hits: 147
M/s Shorhab Vegetable Oil Refinery Limited Vs. Artha Rin Adalat and others, 2007, 36 CLC (HCD)
.... by any competent agency in presence of both the parties. 9. The stay granted at the time of issuance of the rule is hereby vacated. Ed. This Case is also Reported in: 15 BLT (HCD) (2007) 537....... (Special Original Jurisdiction) Present: Nazmun Ara Sultana J Md. Abu Tariq J M/s Shorhab Vegetable Oil Refinery Limited……………………….Petitioner Vs. Artha Rin Adalat and others………………………Respondents Judgment August 14, 2007. Result: The r...... by any competent agency in presence of both the parties. 9. The stay granted at the time of issuance of the rule is hereby vacated. Ed. This Case is also Reported in: 15 BLT (HCD) (2007) 537.......ing this petitioner's application under section 12(1)(2) of the Artha Rin Adalat Ain, 2003. 2. The facts necessary for disposal of this rule. In short, are that the respondent No.2 Janata Bank, as plaintiff, filed the aforesaid Artha Rin Case against the petitioner and other for realization of lo..Category: Civil Law | Date: | Hits: 120
Mst. Fatema Begum and others Vs. AKM Gyasuddin Sarder and others, 2007, 36 CLC (HCD)
....granted in the rule, and extended subsequently is here by recalled and vacated. Send down the L.C. Record and communicate the order. Ed. This Case is also Reported in: 15 BLT (HCD) (2007) 534....... and communicate the order. Ed. This Case is also Reported in: 15 BLT (HCD) (2007) 534.......granted in the rule, and extended subsequently is here by recalled and vacated. Send down the L.C. Record and communicate the order. Ed. This Case is also Reported in: 15 BLT (HCD) (2007) 534.......ts as petitioners filed an application under section 115(1) of the Code of Civil Procedure and obtained this rule. 3. Facts necessary for disposal of this rule are that opposite parties No.1-7, as plaintiffs instituted Title Suit No.132 of 95, in the Court of Assistant Judge, Savar Thana, Dhaka, ..Category: Procedural Law | Date: | Hits: 97
Sreemati Hari Rani Basak and others Vs. Government of Bangladesh and others, 2007, 36 CLC (HCD)
....ed, and, as such, it stands discharged for non-prosecution. No cost. Lower Courts Records are sent down. Ed. This Case is also Reported in: 15 BLT (HCD) (2007) 506; 13 BLC (HCD) (2008) 1. ......: 15 BLT (HCD) (2007) 506; 13 BLC (HCD) (2008) 1. ......ed, and, as such, it stands discharged for non-prosecution. No cost. Lower Courts Records are sent down. Ed. This Case is also Reported in: 15 BLT (HCD) (2007) 506; 13 BLC (HCD) (2008) 1. ......ourth-Twelfth Defendants did not examine any witness in leading assurance to case put forth by them. 9. Learned Subordinate Judge as Trial Judge decided first, second and third issues in favour of plaintiff but decided fourth and fifth Issues against Plaintiff. In deciding fourth and fifth Issues..Category: Procedural Law | Date: | Hits: 108
Zafar Ali (Md.) Vs. Md. Momtaz Hasan & others, 1997, 26 CLC (HCD)
....hose of the trial Court are restored. The suit is decreed. Send down the records to the Court below at once. No order as to costs. Ed. This Case is also Reported in: 49 DLR (HCD) (1997) 319. ......Vs. Md. Momtaz Hasan & others……………………………Opposite Party Judgment February 19, 1997. Result: The Rule is made absolute. Cases Referred to- Abdul Kader and another Vs. Abdul Aziz, 19 DLR 404; Nuruddin Ahmed Chowdhury Vs. Gunnu Meah represented by the A......hose of the trial Court are restored. The suit is decreed. Send down the records to the Court below at once. No order as to costs. Ed. This Case is also Reported in: 49 DLR (HCD) (1997) 319. ...... ‑ For the Petitioner. ABM Nurul Islam, Advocate ‑ For the Opposite Party. Civil Revision No.3159 of 1993. Judgment Abu Sayeed Ahammed J.- This Rule is directed at the instance of the plaintiff against the Judgment and decree dated 13‑7‑1993 passed by the Subordinate Judge, Nator..Category: Property Law | Date: | Hits: 117
....scharged with costs and the order of stay stands vacated.
Let the LC Records be sent down immediately with a copy of the Judgment.
Ed.
This Case is also Reported in: 49 DLR (HCD) (1997) 318.
......ase is also Reported in: 49 DLR (HCD) (1997) 318.
......scharged with costs and the order of stay stands vacated.
Let the LC Records be sent down immediately with a copy of the Judgment.
Ed.
This Case is also Reported in: 49 DLR (HCD) (1997) 318.
...... the Senior Assistant Judge, Mymensingh, sadar in SCC Execution Case No.2 of 1985 rejecting petitioner's prayer for staying further proceeding of the said Execution Case.
2. Opposite Party No.1 as plaintiff filed SCC Suit No.7 of 1983 in the said Court against the predecessor‑in‑interest of o..
Category: Procedural Law | Date: | Hits: 135
Bangladesh Vs. Hosne Ara Begum and others, 1994, 23 CLC (HCD)
.... below are hereby affirmed. There will be no order as to costs. Let the LC records be immediately sent down to the trial Court. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 511. ...... (Civil Revisional Jurisdiction) Present: Mozammel Haque J Md. Tafazzul Islam J Government of the People's Republic of Bangladesh, represented by the Secretary Ministry of Public Works and Urban Development........................Petitioner Vs. Hosne Ara Begum and others.............. below are hereby affirmed. There will be no order as to costs. Let the LC records be immediately sent down to the trial Court. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 511. ......h Court, Dhaka, in Title Appeal No.169 of 1991, affirming the Judgment and decree passed by the Subordinate Judge, 2nd Court, Dhaka, in Title Suit No. 471 of 1990, decreeing the suit in favour of the plaintiff, should not be set‑aside. 2. The defendant No.1 is petitioner before this Court, oppo..Category: Property Law | Date: | Hits: 157
Tohfa Khatun and others Vs. Moulavi Mukhilisur Rahman and others, 1997, 26 CLC (HCD)
....d circumstances of the case there will be no order as to costs. The order of stay granted earlier by this Court is hereby vacated. Ed. This Case is also Reported in: 49 DLR (HCD) (1997) 315. ......vacated. Ed. This Case is also Reported in: 49 DLR (HCD) (1997) 315. ......d circumstances of the case there will be no order as to costs. The order of stay granted earlier by this Court is hereby vacated. Ed. This Case is also Reported in: 49 DLR (HCD) (1997) 315. ......dated 12‑8‑95 passed by the learned Subordinate Judge, 4th Court, Dhaka, in Title Suit No.89 of 1969 rejecting the application for amendment of written statement. 2. The opposite party No.1 as plaintiff instituted Title suit No.169 of 1965 in the Court of Subordinate Judge First Court, Dhaka,..Category: Procedural Law | Date: | Hits: 118
Kabiruddin Ahmed Vs. Akmal Hossain and others, 1995, 24 CLC (HCD)
.... no order as to costs. Let a copy of this Judgment and order be sent to the Chief Election Commissioner for his taking necessary steps. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 245.......DLR (HCD) (1996) 245....... no order as to costs. Let a copy of this Judgment and order be sent to the Chief Election Commissioner for his taking necessary steps. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 245.......tered mode. Alterations in the form of procedure are always unless there is some good reason of they should not be. Thus the provision of section 128 of the Common Law Procedure Act 1852, that the plaintiff might issue execution within six years from the recovery of a Judgment without revival of ..Category: Election Law | Date: | Hits: 301
....bordinate Judge. In this view of the matter, the appeal fails.
In the result, the appeal is dismissed without any order as to costs.
Ed.
This Case is also Reported in: 48 DLR (HCD) (1996) 243.......cate ‑ For the Respondent.
Appeal from the Original Decree No.296 of 1994.
Judgment
Md. Abdul Karim J.- The first appeal of the instance of the plaintiff is directed against the Judgment and decree dated 30‑11‑92 passed by the learned Subordinate Judge, 1st Court, Dhaka, in Title su......bordinate Judge. In this view of the matter, the appeal fails.
In the result, the appeal is dismissed without any order as to costs.
Ed.
This Case is also Reported in: 48 DLR (HCD) (1996) 243.......eral - For the Appellant.
S R Paul, Advocate ‑ For the Respondent.
Appeal from the Original Decree No.296 of 1994.
Judgment
Md. Abdul Karim J.- The first appeal of the instance of the plaintiff is directed against the Judgment and decree dated 30‑11‑92 passed by the learned Subor..
Category: Alternative Dispute Resolution | Date: | Hits: 263
Sarada Bala Sen Vs. Sheikh (Md.) & others,1995, 24 CLC (HCD)
....the above decision, the connected application is however rejected. Communicate this order to the Court below at interest of justice. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 239.......Sen............Appellant Vs. Sheikh (Md.) & others............Respondent Judgment April 20, 1995. Result: The appeal is dismissed. Cases Referred to- Firm Ishardes Devi Chand and another Vs. RB Prokash Chand and another, AIR 1969 (SC) 938; Abdul Hamid Khan and others Vs.......the above decision, the connected application is however rejected. Communicate this order to the Court below at interest of justice. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 239.......t No.33 of 1983 for eviction of the defendants i.e. the present respondent, and another from the suit premises alleging, inter alia, that defendant No.1 in the SCC suit was a monthly tenant under the plaintiff who habitually defaulted in payment of monthly rents and illegally sub‑let some portion ..Category: Civil Law | Date: | Hits: 130
Janata Bank Vs. Saiful Islam, 2006, 35 CLC (HCD)
....defendant-respondent within three months with a direction to amend the plaint as prayed for. Office is directed to do the needful. Ed. This Case is also Reported in: 15 BLT (HCD) (2007) 18. ......ner Vs. Saiful Islam……………………………Respondent-Opposite Party Judgment March 12, 2006. Result: The application for amendment is allowed. Case Referred to- Kishandas Vs. Vithoba, (1909) 33 Bom 644. Lawyers Involved: J. K. Paul - For the Appellant. Md.......defendant-respondent within three months with a direction to amend the plaint as prayed for. Office is directed to do the needful. Ed. This Case is also Reported in: 15 BLT (HCD) (2007) 18. ......ppeal No.250 of 2002. Judgment Siddiqur Rahman Miah J.- This application for amendment of the plaint under Order 6 Rule 17 of the Code of Civil Procedure arises out of FA No.250 of 2002 between plaintiff Janata Bank and defendant Saiful Islam. The application of amendment has been brought by t..Category: Civil Law | Date: | Hits: 117
Md. Abdul Khaleque Vs. Uttara Bank Limited and others, 2011, 40 CLC (AD)
....nd no considerable substance in submissions of the learned Advocate for the petitioner. Accordingly, the leave petition is dismissed. Ed. This Case is also Reported in: 20 BLT (AD) (2012) 256.......Syed Mahmud Hossain J Muhammad Imman Ali Mohammad Mamtaz Uddin Ahmed J Md. Shamsul Huda J Md. Abdul Khaleque……………………………......Petitioner Vs. Uttara Bank Limited and others..............Respondents Judgment October 20, 2011. Result: The leave petitio......nd no considerable substance in submissions of the learned Advocate for the petitioner. Accordingly, the leave petition is dismissed. Ed. This Case is also Reported in: 20 BLT (AD) (2012) 256....... that the trial Court came to the findings in as much as, an admitted fact is that the petitioner has a provident fund account where he has Tk. 11,533/- as balance and that necessarily shows that the plaintiff is owner of the property worth more than Tk.1,000/- and as such he cannot be considered a ..Category: Civil Law | Date: | Hits: 118
Dhaka Leather Complex Ltd. BCIC Vs. Sikder Construction Ltd. and another, 2003, 32 CLC (HCD)
....order as to cost. Order of stay granted in the Rule on 10-9‑2002 is hereby recalled and vacated. Send down the records at once. Ed. This Case is also Reported in: 55 DLR (HCD) (2003) 578.......(Civil Revisional Jurisdiction) Present: Md. Abdur Rashid J Siddiqur Rahman Miah J Dhaka Leather Complex Ltd. BCIC...........................Appellant Vs. Sikder Construction Ltd. and another.....................Opposite-Parties Judgment August 18, 2003. Result: The A......order as to cost. Order of stay granted in the Rule on 10-9‑2002 is hereby recalled and vacated. Send down the records at once. Ed. This Case is also Reported in: 55 DLR (HCD) (2003) 578.......court. A decree was accordingly, signed and sealed on the basis of judgment. 5. Mr. Abdus Samad, the learned Senior Advocate for the appellant, submitted that the law barred the application of the plaintiffs as it was made long after the award was made on 15-10-1996. He submitted that the court f..Category: Alternative Dispute Resolution | Date: | Hits: 190
Delwar Hossain and others Vs. Janata Bank and others, 2003, 32 CLC (HCD)
....l Court, we award cost of Taka 5,000 (five thousand) only upon them. Cost shall be paid to the decree holder respondent Janata Bank. Ed. This Case is also Reported in: 55 DLR (HCD) (2003) 585. ...... This Case is also Reported in: 55 DLR (HCD) (2003) 585. ......l Court, we award cost of Taka 5,000 (five thousand) only upon them. Cost shall be paid to the decree holder respondent Janata Bank. Ed. This Case is also Reported in: 55 DLR (HCD) (2003) 585. ......der Order VII, rule 11 of The Code a plaint can be rejected under four clauses which are: (a) where it does not disclose a cause of action; (b) where the relief claimed is under, valued and the plaintiff, on being required by the court to correct the valuation within a time to be fixed by the ..Category: Procedural Law | Date: | Hits: 84
Ishaque Mia (Md.) & another Vs. Abdul Mazid Mollah & others, 1995, 24 CLC (HCD)
.... multiplicity of suit and further litigation concerning them. In the result, the Rule is discharged without any order as to costs. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 465. ...... others....................Opposite Parties Judgment July 31, 1995. Result: The Rule is discharged. Cases Referred to- Hemnalini Basu Vs. Md. Sabed Ali, 12 DLR 24; Rani Mumary Devi and others Vs. Siva Prosad Singh, 42 CLJ 280; Moulavi Abdul Mannan Vs. Md. Rafiqul Islam and others,...... multiplicity of suit and further litigation concerning them. In the result, the Rule is discharged without any order as to costs. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 465. ......1986 passes by the Upazila Munsif, Upazila Moladi, District Barisal in Title Suit No.197 of 1985 should not be set aside. 2. The facts for the disposal of the Rule is as follows: Petitioners as plaintiffs riled title suit being Title Suit No.156 of 1977 before the Court of Munsif (6th Court of..Category: Civil Law | Date: | Hits: 130
Md. Siraj alias Md. Sirajul Islam Vs. Ananda Furniture's, 2011, 40 CLC (AD)
....ot find substance in the submissions of the learned Advocate-on-record. Accordingly, the Petition for Leave to Appeal is dismissed. Ed. This Case is also Reported in: 20 BLT (AD) (2012) 167. ...... Sultana J Syed Mahmud Hossain J Muhammad Imman Ali J Mohammad Mamtaz Uddin Ahmed J Md. Shamsul Huda J Md. Siraj alias Md. Sirajul Islam………………........Petitioner Vs. Ananda Furniture's……………..........................Respondents Judgment November 17, 201......ot find substance in the submissions of the learned Advocate-on-record. Accordingly, the Petition for Leave to Appeal is dismissed. Ed. This Case is also Reported in: 20 BLT (AD) (2012) 167. ......st the judgment and order dated 21.01.2010 passed by the High Court Division in Civil Revision No. 1818 of 2009. 2. The facts in substance for disposal of the Petition for Leave to Appeal are that plaintiff is a proprietary firm carrying on business of manufacturing furniture in the name and styl..Category: Procedural Law | Date: | Hits: 133
Md. Nafaruddin Mollah Vs. Md. Serajuddin Khan & Others, 2007, 36 CLC (AD)
....ce with the impugned judgment. In the result, the application has no merit and accordingly dismissed without any order as to costs. Ed. This Case is also Reported in: 20 BLT (AD) (2012) 164. ......epresented-For Respondent Nos. 2-7. Civil Petition for Leave to Appeal No. 355 of 2005. Judgment Mohammad Fazlul Karim J. - This Civil Petition for Leave to Appeal arose out of the judgment and decree dated 09.02.2005 passed by the High Court Division in Civil Revision No. 1621 of 1996 mak......ce with the impugned judgment. In the result, the application has no merit and accordingly dismissed without any order as to costs. Ed. This Case is also Reported in: 20 BLT (AD) (2012) 164. ......e Appeal No.81 of 1989 allowing the appeal by reversing those dated 29.02.1989 of the Senior Assistant Judge, Rajshahi Sadar, Rajshahi in Other Class Suit No.299 of 1985 decreeing the suit. 2. The plaintiff-respondent No.1 filed the suit for declaration of the cancellation of the plaintiff's perm..Category: Property Law | Date: | Hits: 116
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