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Category: Property Law | Date: | Hits: 119
Misir Ullah (Md) Vs. Syed Khalilullah Malek others, 1995, 24 CLC (HCD)
....as of defendant No.1. Defendants' contentions are that, in the circumstances, the false case of the plaint is liable to be dismissed with Cost. 7. The learned Subordinate Judge by his Judgment and decree dated 31.5.86 dismissed the suit on contest against the defendants, holding the suit to be no......ase is sent back to the District Judge Moulvi Bazar for re‑consideration and the Rule is made absolute without any order as to costs. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 117...Category: Trust/Waqf Law | Date: | Hits: 181
Majeda Begum & another Vs. Khoda Box Mollah & others, 1987, 16 CLC (HCD)
....llows. The respondents instituted the aforesaid O.C. Suit No.73 of 1976 against the appellants for specific performance of contract in the Court of Subordinate Judge, Pabna, who by his judgment and decree dated 30.9.77, was pleased to decree the suit on contest with costs. The appellants preferred......servations made in this judgment. The connected Rule being Civil Rule No.23 (FM)/1987 is discharged without any order as to costs. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 392. ..Category: Property Law | Date: | Hits: 140
MA Jahangir & another Vs. Abdul Malek & others, 1989, 18 CLC (HCD)
....e Wakf deed itself. If the description of the land as given in the Wakf deed does not tally with the description as given in the petition for amendment, the plaintiff will not be entitled to have a decree with regard to the property as incorporated in the original plaint by amendment. Even after i......e reasons stated above, I do not find of the any substance in this Rule. The Rule is discharged. There will be no order as to costs. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 389. ..Category: Procedural Law | Date: | Hits: 133
Category: Property Law | Date: | Hits: 134
Mathura Mohan Pandit Vs. Hazera Khatun, 1994, 23 CLC (HCD)
....ule the petitioner seeks review of the Civil order No.2160 of 1993 passed on 2.8.1993 by Syed Fazle Ahmed, J. 2. The plaintiff‑opposite party in a suit for specific performance of contract got a decree on 31.7.1977. Against that decree the defendant-petitioner, Mathura Mohan Pandit, preferred F...... but when he had no jurisdiction the question of exercise of Jurisdiction does not arise. In the result the Rule is made absolute. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 190. ..Category: Civil Law | Date: | Hits: 157
Bangladesh General Insurance Co. Ltd. Vs. Chalna Marine Products Co. Ltd., 1999, 28 CLC (HCD)
....). First Appeal No.277 of 1994 with First Appeal No.129 of 1995. Judgment Md. Abdul Aziz J.- First Appeal No.277 of 1994 has been filed by the sole defendant against the judgment and decree dated 31-7-94 and 8-3-94 respectively passed by the learned Subordinate Judge, First Court, i......sult, the FA No.129 of 1995 is dismissed without any order as to costs. Send down the lower Court records of both the suits at once. Ed. This Case is also Reported in: 51 DLR (1999) (HCD) 357...Category: Business or Commercial Law | Date: | Hits: 522
Nurul Abser Chowdhury Vs. Jesmin Akther, 1999, 28 CLC (HCD)
....dure, the propriety of the concurrent decision of the Courts below have been called in question whereupon Rule was issued calling upon the Opposite Party No.1 to show cause as to why the Judgment and decree dated 9-10-97 passed by the learned Subordinate Judge-cum Third Artha Rin Adalat, Sadar, Chit...... matter may be adverted to in brief. 4. The Opposite Party No.1 as plaintiff laid a suit being Family Suit No.31 of 1996 in the Family Court cum Assistant Judge, Patiya, Chittagong for a decree of dower, maintenance and other claims including golden ornaments. The averments made in the plaint are..Category: Family Law | Date: | Hits: 211
Ayat Steels Limited Vs. Mohammad Ali, 2011, 40 CLC (HCD)
.... 51,73,81735.02 before the Artha Rin Adalat, 1st Court, Chittagong impleading Capital Ship Breakers as defendant No.3. 2. The suit was contested by Capital Ship Breakers Ltd. and eventually it was decreed ex-parte on 26-6-05 with a direction upon the judgment debtor to pay the decreetal dues to t...... Rule being CRNo.421 (fm) of 2010 also stands disposed of accordingly. Send down a Copy of this order to the trial Court, at once. Ed. This Case is also Reported in: 63 DLR (HCD) (2011) 417. ..Category: Civil Law | Date: | Hits: 235
Abul Hashem Khan & others Vs. Md. Shamsuddin Khan & others, 1989, 18 CLC (HCD)
....dvocates - For the Respondents. Appeal from Original Decree No. 3 of 1985. Judgment Nurul Huque Bhuiyan J.- This appeal at the instance of the defendants is directed against the judgment and decree of the learned Subordinate Judge, 1st. Court, Dhaka passed in Title Suit No.301 of 1980 decre......em. In the face of our findings in respect of Ext. W and Z series the application is not maintainable. Accordingly, it is rejected. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 415...Category: Business or Commercial Law | Date: | Hits: 349
Muzaffar Ali and another Vs. Monwara Hospital & others, 1997, 26 CLC (HCD)
.... of the present suit wherein the real question to be determined, whether contract for sale between the parties therein was genuine and whether on the basis thereof the plaintiff are entitled to get a decree. The averments for addition of party will convert the present suit into one for determination......lier by this Court on 8-5-95 is hereby vacated and the learned Court below is directed to proceed with the suit in accordance with law. Ed. This Case is also Reported in: 51 DLR (1999) (HCD) 341...Category: Procedural Law | Date: | Hits: 121
Bangladesh Vs. Abdul Aziz and others, 2005, 34 CLC (HCD)
.... For the Opposite Party No.1. Civil Revision No.4349 of 2002. Judgment Syed Amirul Islam J.- This Rule arises out of an arbitration agreement entered into between the judgment-debtor and the decree-holder-opposite party No.1. The said agreement was executed on 22-6-1987 for laying cable at ......cree is a nullity there remains nothing to proceed with the Execution case No.2 of 1998. Send down the Lower Court records at once. Ed. This Case is also Reported in: 63 DLR (HCD) (2011) 405...Category: Alternative Dispute Resolution | Date: | Hits: 291
Abdul Kader Vs. Abdullah and others, 1998, 27 CLC (HCD)
...., Advocate — For the Opposite Parties. Civil Revision No.3018 of 1994. Judgment Abu Sayeed Ahammed J.- This Rule has been issued, at the instance of the defendants against the judgment and decree dated 17-7-94 passed in Other Appeal 136 of 1990 by the Additional District Judge, Cox’s Ba......ordingly, the Rule is made absolute. The judgment and decree of the appellate Court is set aside. The suit is dismissed. No costs. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 435. ..Category: Property Law | Date: | Hits: 105
Zagir Hussain Vs. Aminul Haque and others, 1999, 28 CLC (HCD)
.... in Other Suit No.146 of 1996. 2. In an application under section 115(1) of the Code of Civil Procedure the petitioner stated, inter alia, that Partition Suit No.37 of 1991 between the parties was decreed on compromise in respect of the suit land against which Execution Case No.32 of 1993 was ins......thin the said specified period. In the result the Rule is made absolute without any order as to costs and send down the record at once. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 425...Category: Procedural Law | Date: | Hits: 178
Muklesur Rahman (Md.) Vs. Waziullah, 1998, 27 CLC (HCD)
....sed by the learned Senior Assistant Judge, Daudkandi, Comilla in allowing Miscellaneous Case No.7 of 1998 under Order 9 rule 13 of the Code of Civil Procedure which was preferred against the ex parte decree dated 10-6-97 passed in Title Suit No.4 of 1995 should not be set aside. 2. The petitio......eferably within 3 months from the date of receipt of this order. Let a copy of this order be sent to the court below at once. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 418...Category: Procedural Law | Date: | Hits: 131
Category: Property Law | Date: | Hits: 120
Ebadat Ali Vs. Ismail Hossain Akhond & others, 1989, 18 CLC (HCD)
....posite parties No's. 1-15 as plaintiffs filed O.C. Suit No.181 of 1982 in the Court of the learned Subordinate Judge, Bogra on 2.7.82 against the present petitioner for a declaration that an ex parte decree passed on 4.1.80 in O.C. Suit No.17 of 1979 is void, illegal and fraudulent and prayed for ca......uty Attorney-General as amicus curiae in this matter. Let a copy of the judgment be transmitted to the Courts below expeditiously. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 490. ..Category: Procedural Law | Date: | Hits: 152
Sheikh Ahmed & others Vs. Abdul Alim, 1988, 17 CLC (HCD)
....pposite Party. Civil Revisional Case No. 48 of 1984. Judgment AM Mahmudur Rahman J.- This Rule at the instance of the defendants-petitioners Nos.1 to 3 is directed against the judgment and decree passed by Mr. Alauddin Sardar, Subordinate Judge, 2nd Court, Chittagong in Other Appeal No.23......ore me. I affirm the judgment and decree of the lower appellate Court. The result is the Rule is discharged. No order as to costs. Ed. This Case is also Reported in: 42 DLR (HCD) (1990) 408...Category: Property Law | Date: | Hits: 95
Abu Bakar Sikder Vs. Monowara Begum (Mst.), 1989, 18 CLC (HCD)
....the Appellant. P.C. Guha with Md. Mustafa, Advocates—For the Respondent No.1. First Appeal No. 48 of 1974. Judgment Qazi Shafiuddin J. - This appeal is directed against the judgment and decree dated 7.10.72 passed by the learned Subordinate Judge, 1st Court, Barisal in Title Suit No.34......do not find any substance in the appeal and the same is dismissed with cost. The judgment and decree of the Court below are affirmed. Ed. This Case is also Reported in: 42 DLR (HCD) (1990) 403. ..Category: Property Law | Date: | Hits: 152
Category: Administrative Law | Date: | Hits: 488