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Ujjal Hossain (minor) & Others Vs. Firoja Khatun & Others, 1989, 18 CLC (HCD)

....ners as plaintiffs in the aforesaid suit and also to proceed with the suit in accordance with law. There shall be no order as to costs. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 481.......posite Parties Judgment March 8, 1989. Result: The rule is made absolute. Cases Referred to- Rahim Baksha Gazi & ors. Vs. Enbar Gazi & ors, 22 DLR 500; Mohomedally Tyebally and others vs. Safiabai and others. Lawyers Involved: Hasan Foez Siddique, Advocate - For the ......ners as plaintiffs in the aforesaid suit and also to proceed with the suit in accordance with law. There shall be no order as to costs. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 481.......r­ties in the above Title Suit. 2. Facts of the case as disclosed in the applica­tion are that deceased Kudrut Ali, the predecessor of the present petitioners, and opposite-party Nos.19 to 24 as plaintiffs instituted Title Suit No.72 of 1975 in the First Court of Munsif, Kushtia for declaration..

Category: Property Law | Date: | Hits: 98

Anwara Khatun & Others Vs. Geasuddin Ahmed & Others, 1986, 15 CLC (HCD)

....tance in this Rule, which is accordingly discharged, with­out any order as to costs. The order directing status quo is hereby vacated. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 474.......Advocate - For the Opposite Party. Civil Revision No.636 of 1986. Judgment Anwarul Hoque Chowdhury J. - The Rule arises out of an application under section 115 of the Code of Civil Procedure and is directed against the judgment and order dated 6.8.86 passed by the learned Subordinate Judge,......tance in this Rule, which is accordingly discharged, with­out any order as to costs. The order directing status quo is hereby vacated. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 474.......l No.124 of 1985 dismissing the appeal by affirming that of the Senior Munsif, Sadar Mymen­singh, passed in O.C. Suit No.166 of 1985. 2. Facts leading to this in short are, that the petitioner as plaintiff instituted a suit being O.C. Suit No.166 of 1985 in the Court of Munsif, Sadar, Mymensingh..

Category: Civil Law | Date: | Hits: 178

KN Enterprise Vs. Eastern Bank Ltd and others, 2011, 40 CLC (HCD)

.... Joint District Judge, Arbitration Court, Dhaka, in Money Suit No.8 of 2005 is hereby affirmed. Send down the lower Court's record. Ed. This Case is also Reported in: 63 DLR (HCD) (2011) 370....... High Court Division (Civil Appellate Jurisdiction) Present: Nozrul Islam Chowdhury J Anwarul Haque J KN Enterprise…………………………Appellant Vs. Eastern Bank Ltd and others…………………………Respondents Judgment February 23, 2011. Result: ...... Joint District Judge, Arbitration Court, Dhaka, in Money Suit No.8 of 2005 is hereby affirmed. Send down the lower Court's record. Ed. This Case is also Reported in: 63 DLR (HCD) (2011) 370.......ellant. Mahbubey Alam, Senior Advocate with Sk Reajul Hoque, Advocate - For the Respondent No.1-3. First Appeal No. 210 of 2005. Judgment Anwarul Haque J.- This appeal at the instance of plaintiff-appellant, is directed against the judg­ment and decree dated 27-7-2005 passed by the lea..

Category: Civil Law | Date: | Hits: 212

Registrar Vs. Sahrab Jan & others, 1995, 24 CLC (HCD)

....ioning failure of justice. In the result, the Rule is discharged. The stay order granted earlier by this Court in hereby vacated. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 214. ......Parties Judgment July 27, 1995. Result: The Rule is discharged. Cases Referred to- Ranjit Kumar Rakshit Vs. Sudhir Kumer Chowdhury, 38 DLR 39; Brahman Dutta Vs. East Punjab Province and others, AIR 1958 (Punjab) 351;27 DLR,423; Md. Ibrahim Vs. Md. Alauddin and others; Nurul Islam V......ioning failure of justice. In the result, the Rule is discharged. The stay order granted earlier by this Court in hereby vacated. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 214. ......has been issued at the instance of the defendant against the orders dated 27.10.92 and 9.11.92 passed in Title Suit No.65 of 1991 by the Assistant Judge, First Court Dhaka allowing application of the plaintiff dated 10.10.92 facilitating him to bring into records two documents (Exts.22 and 23) by re..

Category: Property Law | Date: | Hits: 126

Bangladesh Vs. Waker Ahmed and others, 1995, 24 CLC (HCD)

....se at this stage on this belated application of the defendant‑respondent‑petitioner. The application is accordingly rejected. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 211. ......1996) 211. ......se at this stage on this belated application of the defendant‑respondent‑petitioner. The application is accordingly rejected. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 211. ...... which First Appeal No.73 of 1994 preferred by the defendant Government defendant No.1 and another is pending in this Court. 2. Facts stated in the application in short are that respondent No.3 as plaintiff on 11.7.85 instituted a suit in the Court of the 3rd Court of the subordinate Judge, Dhaka..

Category: Limitation Law | Date: | Hits: 211

Jinnatunessa Vs. Bangladesh, 1995, 24 CLC (HCD)

.... Subordinate Judge, 1st Court, Mymensingh in OC Appeal No.125 of 1986 are hereby set aside and the OC Suit No.492 of 1981 is dismissed. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 208.......t January 15, 1995. Result: The OC Appeal No.125 of 1986 are set aside. The OC Suit No.492 of 1981 is dismissed. Cases Referred to- Md. Naimuddin Sarder Vs. Md. Abdul Kalam Biswas and another, 39 DLR (AD) 237 and Bangladesh Vs. Israil Ali and others, 1981 BLD (AD) 371. Lawyer...... Subordinate Judge, 1st Court, Mymensingh in OC Appeal No.125 of 1986 are hereby set aside and the OC Suit No.492 of 1981 is dismissed. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 208........2.86 passed by the Assistant Judge, 2nd Court Sadar, Mymensingh in OC Suit No.492 of 1981 decreeing the suit. 2. The short facts for disposal of the Rule are that the opposite party government as plaintiff instituted a suit for declaration against the petitioner as defendant for a declaration th..

Category: Limitation Law | Date: | Hits: 239

Moktar Hossain Vs. Budhi Bala Dashi, 1994, 23 CLC (HCD)

.... of Mr. Amin is sustainable in law and they have no legs to stand upon. The result is that the appeal is dismissed without cost. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 202. ......t Nos. 1(a)-1(c). Appeal From Original Decree No. 34 of 1991. Judgment Syed Amirul Islam J.- This is an appeal under section 299 of the Succession Act by the defendants against the Judgment and decree of the learned Additional District Judge, 1st Court, Pabna, granting letters of administr...... of Mr. Amin is sustainable in law and they have no legs to stand upon. The result is that the appeal is dismissed without cost. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 202. ......ants against the Judgment and decree of the learned Additional District Judge, 1st Court, Pabna, granting letters of administration of a Will executed by one Jogendra Bhusan Talukdar in favour of the plaintiff and three others since dead. 2. It appears from record that on 18.8.76 the plaintiff‑..

Category: Property Law | Date: | Hits: 183

Muzaffor Hossain Vs. Md. Shahidullah and others, 1999, 28 CLC (HCD)

....arty is set aside. The second application for amendment of the plaint dated 1-6- 1997 stands rejected. Order of stay stands vacated. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 400.......CD) (1999) 400.......arty is set aside. The second application for amendment of the plaint dated 1-6- 1997 stands rejected. Order of stay stands vacated. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 400.......d Judge took the view that in the event of allowing the amendment at the appellate stage the proceeding would start afresh. Further, view taken was that on reading the judgment it manifested that the plaintiff (Opposite Party No.1) deliberately omitted the persons now sought to be impleaded in the s..

Category: Civil Law | Date: | Hits: 200

Chand Mian (Md.) Vs. Khodeza Bibi and others, 1989, 18 CLC (HCD)

....f the appellate Court below are set aside and those of the trial Court are restored. Let the L.C. records be sent down immediately. Ed. This Case is also Reported in: 42 DLR (HCD) (1990) 344....... sent down immediately. Ed. This Case is also Reported in: 42 DLR (HCD) (1990) 344.......f the appellate Court below are set aside and those of the trial Court are restored. Let the L.C. records be sent down immediately. Ed. This Case is also Reported in: 42 DLR (HCD) (1990) 344....... Judge, 1st Court, Tangail in O.C. Appeal No.95 of 1981 reversing those dated 24.8.81 passed by Mr. Md. Matiar Rahman, Munsif, 1st Court, Tangail in O.C. Suit No.801 of 1979 decreeing the suit of the plaintiff-petitioner. 2. Briefly stated the case of the plaintiff-petitioner is that the suit lan..

Category: Property Law | Date: | Hits: 133

Lal Banoo and others Vs. Md. Yasin Abdul Aziz and others, 1989, 18 CLC (HCD)

.... the result the appeal is dismissed without costs. The Judgement and decree passed by the learned Subordinate Judge, Dhaka is affirmed. Ed. This Case is also Reported in: 42 DLR (HCD) (1990) 335.......ed in: 42 DLR (HCD) (1990) 335....... the result the appeal is dismissed without costs. The Judgement and decree passed by the learned Subordinate Judge, Dhaka is affirmed. Ed. This Case is also Reported in: 42 DLR (HCD) (1990) 335.......o.10 Amjad Ali) is directed against the judgment and decree passed by Mr. Nasiruddin Humayun Chowdhury, Subordinate Judge, 1st Court, Dhaka on 16.5.67 in Title Suit No.153 of 1964. 2. In this suit plaintiffs 1-30 as heirs of origi­nal owner Faloo's two daughters Joytonnessa and Anwara Bibi claim..

Category: Property Law | Date: | Hits: 135

Abul Kalam Azad & another Vs. Muslema Khatun (Mst.), 1989, 18 CLC (HCD)

....arned Subordinate Judge, Sec­ond Court, Sylhet be directed to dispose of the Title Suit No.147 of 1988 as expeditiously as possible. Ed. This Case is also Reported in: 42 DLR (HCD) (1990) 332. ......zizur Rahman Chowdhury with Md. Shamsul Hossain, Advocates—For the Opposite Parties. Civil Revision No. 43 of 1989. Judgment Qazi Shafiuddin J. - This Rule is directed against the judgment and order dated 23.1.1989 passed by the Subordinate Judge, Second Court, Sylhet in Title Suit No.147......arned Subordinate Judge, Sec­ond Court, Sylhet be directed to dispose of the Title Suit No.147 of 1988 as expeditiously as possible. Ed. This Case is also Reported in: 42 DLR (HCD) (1990) 332. ......etitioner Nos.27 and 28. 2. Short facts leading to this revisional applica­tion is that Title Suit No.206 of 1970 was decreed and the same was put to execution in Execution Case No.8 of 1988. The plaintiff—opposite party, Muslima Khatun on coming to know about the said decree, filed a suit bei..

Category: Civil Law | Date: | Hits: 205

Karnafully Paper Mills Sramik Karmachari Union Vs. Registrar of Trade Union, 1989, 18 CLC (HCD)

....ack to the learned Subor­dinate Judge for decision on merit. The Rule is accordingly made absolute without any order as to costs. Ed. This Case is also Reported in: 42 DLR (HCD) (1990) 329. ......Registrar of Trade Union...................................Opposite Parties Judgment July 23, 1989. Result: The Rule is made absolute. Cases Referred to- Secretary of State Vs. Mask and Co., 44 C.W.N., 709; Wolverhampton New Water Works Compa­ny Vs. Hawkesford, 37 L.J. 248; Mian S......ack to the learned Subor­dinate Judge for decision on merit. The Rule is accordingly made absolute without any order as to costs. Ed. This Case is also Reported in: 42 DLR (HCD) (1990) 329. ......he Opposite Party No.3. Amirul Kabir Chowdhury, Advocate—For the Opposite Party No.4. Civil Revision Nos. 329 and 330 of 1988. Judgment AKM Sadeque J. - These two Rules obtained by the plaintiff under section 115(1) of the Code of Civil Procedure are di­rected against the judgment an..

Category: Labour and Industrial Law | Date: | Hits: 179

Marine Oil Broking Company Pte Ltd. Vs. MV Daizu Maru & others, 2002, 31 CLC (HCD)

....ntee will be discharged and be returned to the concerned bank through the learned Advocate appearing on behalf of the defendant No.1. Ed. This Case is also Reported in: 55 DLR (HCD) (2003) 471. ......neering Co. Ltd. Vs. mv Andrea Ursula (1973) 1 QB 265; David Morgan Vs. Steamship "Castlegate" (1893) AC 38, Owner Of "Arild" Vs. Societe Anonyme De Navigation Hovrani 1923 Lloyd's List Law Rep KB 50 and The "Yuta Bondarovskaya (1998) 2 Lloyd's Law Rep 357. Lawyers Involved: Tania Amir Advocat......ntee will be discharged and be returned to the concerned bank through the learned Advocate appearing on behalf of the defendant No.1. Ed. This Case is also Reported in: 55 DLR (HCD) (2003) 471. ......ing for a decree for an amount of US $ 84,131.63 equivalent to Taka 35,33,519.64, against the principal defendants on account of supply of bunkers in the ship, namely, MV Daizu Maru. In this suit the plaintiff, Marine Oil Broking Company Pte Ltd. (MOBCO) is a bunker supplier at various sea ports all..

Category: Admiralty Law or Maritime Law | Date: | Hits: 394

Mokarram Hossain and others Vs. ADC (Rev) Pabna for Vested and Non-Resident Property (Land and Building) Pabna & others, 1998, 27 CLC (HCD)

....e revision has no merits and it is disposed of accordingly with aforesaid observation, findings and direction. No order as to costs. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 470.......tion. No order as to costs. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 470.......e revision has no merits and it is disposed of accordingly with aforesaid observation, findings and direction. No order as to costs. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 470.......nwarul Karim, Advocates— For the Petitioners. Not Represented —the Opposite Party. Civil Revision No. 870 of 1996. Judgment Abu Sayeed Ahammed J.- This revision at the instance of the plaintiff of Title suit 232 of 1984, for declaration of title and it is against the judgment and dec..

Category: Property Law | Date: | Hits: 130

Bhawal Raj Estate Court of Wards Vs. Rajdhani Unnayan Kartripakkha and another, 1998, 27 CLC (HCD)

....he result, the Rule is discharged but without any order as to costs. Consequently the injunction granted by this Court is also vacated. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 462.......sion (Special Original Jurisdiction) Present: AMM Rahman J Md. Muzammel Hossain J Bhawal Raj Estate Court of Wards……………….Petitioner Vs. Rajdhani Unnayan Kartripakkha and another…………...Respondents Judgment August 12, 1998. Result: The Rule is disc......he result, the Rule is discharged but without any order as to costs. Consequently the injunction granted by this Court is also vacated. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 462....... Division by its judgment dated March 9, 1998 came to finding that the property belonged to Abdul Khaleque who subsequently transferred the same to Capital Property Ltd. It is further stated that the plaintiff’s case (petitioners) was not accepted and all the Courts below correctly decided the mat..

Category: Property Law | Date: | Hits: 248

Anuj Choudhury & others Vs. Sailendra Kishore Chowdhury and others, 1998, 27 CLC (HCD)

....is discharged as being incompetent without any order as to costs. The order of stay granted earlier by this court is hereby vacated. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 460..............is discharged as being incompetent without any order as to costs. The order of stay granted earlier by this court is hereby vacated. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 460.......ay be, the form of a regular suit, according to the provisions of the Code of Civil Procedure, 1908, in which the petitioner for probate or letters of administration, as the case may be, shall be the plaintiff, and the person who has appeared to oppose the grant shall be the defendant. and 299..

Category: Property Law | Date: | Hits: 106

Najabatullah Vs. Alokeshi Namasudra and others, 1998, 27 CLC (HCD)

....essary opinion of the finger print expert as to the disputed thumb impression, the trial Court shall dispose of the suit expeditiously. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 454.......lso Reported in: 51 DLR (HCD) (1999) 454.......essary opinion of the finger print expert as to the disputed thumb impression, the trial Court shall dispose of the suit expeditiously. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 454........ Abul Bashar, Advocates- For the Petitioner. None appears — For the Opposite Parties. Civil Revision No. 262 of 1990. Judgment Abu Sayeed Ahammed J.- This Rule has been obtained by the plaintiff Md. Najabatullah against the defendant opposite parties 1-3 of Title Suit 7 of 1984 which ..

Category: Procedural Law | Date: | Hits: 137

Nurul Islam and others Vs. Azimon Bewa, 1998, 27 CLC (HCD)

....as to costs. The record shall be sent down to the courts below at once. The order of stay granted earlier if any is hereby vacated. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 451....... hereby vacated. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 451.......as to costs. The record shall be sent down to the courts below at once. The order of stay granted earlier if any is hereby vacated. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 451....... same date showing transfer of 6.271/2 acres land by each of the two deeds being the remaining heba-bil-ewaz in nature alleged to have been made in exchange for three copies of the Holy Quran, by the plaintiff, in favour of defendants 1-4 sons of plaintiffs’ son Masimuddin. 3. It is admitted..

Category: Property Law | Date: | Hits: 103

Abdul Karim Vs. Bangladesh, 1998, 27 CLC (HCD)

....charged. In the result, the Rule is discharged with cost, the suit is dismissed. Send down the records of the courts below at once. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 447....... Vs. Bangladesh…………….Opposite Party Judgment April 20, 1998. Result: The Rule is discharged. Cases Referred to- Rafizuddin Ahmed Vs. Mongla Barman and others, 43 DLR (AD) 215; Kalyan Krishna Goswami Vs. Madhyapara High School and another, 15 BLD 5......charged. In the result, the Rule is discharged with cost, the suit is dismissed. Send down the records of the courts below at once. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 447.......oner. Prabir Neogi, Assistant Attorney-General — For the Opposite Party. Civil Revision No.2199 of 1990. Judgment Abu Sayeed Ahammed J.- This Rule issued at the instance of the plaintiff in Title Suit 80 of 1988 for permanent injunction. 2. Trial Court decreed the suit b..

Category: Property Law | Date: | Hits: 103

Anwar Hossain Vs. Momtaz Begum, 1999, 18 CLC (HCD)

....entioned Family suit are also set aside. Stay granted earlier by this Court is vacated. Send down the lower Court records at once. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 444. ......— For the Petitioner. Goutom Kumar Roy, Advocate — For the Opposite Party. Civil Revision No.1984 of 1996. Judgment Md. Iftekhar Rasool J.- This Rule is directed against the judgment and decree dated 3-6-1996 and 10-6-1996 respectively passed by the District Judge, Netrakona in Fami......entioned Family suit are also set aside. Stay granted earlier by this Court is vacated. Send down the lower Court records at once. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 444. ......ely passed by the Senior Assistant Judge, Mohanganj, Netrakona in Family Suit No.14 of 1994 decreeing the suit. 2. Facts relevant for disposal of the Rule, in short, are that the opposite party as plaintiff instituted the above mentioned family suit in the Court of Senior Assistant Judge and Fami..

Category: Family Law | Date: | Hits: 230