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Md. Zahurul Islam Vs. Deputy Commissioner, Kushtia and others, 2012, 41 CLC (AD)
.... Advocate instructed by Md. Nawab Ali, Advocate-on-Record—For the Petitioner. None represented—For Respondents. Civil Petition for Leave to Appeal No.1810 of 2009. (From the judgment and decree dated the 22nd day of June, 2009 passed by the High Court Division in Appeal from Original De......infirmity in the judgment and decree of the High Court Division in dismissing the suit. Accordingly, the leave petition is dismissed. Ed. This Case is also Reported in: 17 BLC (AD) (2012) 106. ..Category: Property Law | Date: | Hits: 105
Mahmudul Huq Vs. Mst Golap Bia & others, 1988, 17 CLC (HCD)
..... No one - For the respondent. Appeal from Appellate Decree No.172 of 1976. Judgment AM Mahmudur Rahman J.- This second appeal at the instance of the plaintiff is against the judgment and decree of affirmance passed by the learned Additional District Judge, Second Court, Chittagong in Ot......cussions above, I do not find any substance in this appeal. In the result, this appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 314. ..Category: Property Law | Date: | Hits: 86
Abul Basar Sowdagar Vs. Aminul Huq & others, 1989, 18 CLC (HCD)
....ul Ahmed - For the appellant. No one - For the respondents. Appeal from Appellate Decree No. 381 of 1973. Judgment AM Mahmudur Rahman J.- This appeal is directed against the judgment and decree passed by Mr. M.A. Awal, Subordinate Judge, Second Court, Chittagong in Title Appeal No.24 of......l. I confirm the judgment and decree passed by the lower appellate Court and dismisses this appeal. There will be no order as to costs. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 312...Category: Property Law | Date: | Hits: 103
Abdul Mannan Sikder Vs. Matilal Dhupi and others, 1998, 27 CLC (HCD)
....ng the same to its original file and number. 2. The opposite parties as plaintiffs instituted a suit in the 6th Court of Munsif, Barisal being Title Suit No.479 of 1994, for a declaration that the decree passed in Title Suit No.244 of 1973 is illegal, void and not binding upon them. Subsequently,...... months from the date of receipt of this order, without granting adjournments to the contending parties except on compelling reasons. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 403. ..Category: Procedural Law | Date: | Hits: 87
Chittagong Port Authority Vs. Md. Ishaque and others, 1983, 12 CLC (AD)
.... the Respondent No.2. M. Hafizullah, Advocate, instructed by A. Baset Majumder, Advocate-on-record – For the Respondent Nos. 3 & 4. Civil Appeal No.140 of 1981. (From the judgment and decree dated 9.7.80 passed by the High Court Division in F.A. No.25 of 1970). Judgment Badrul ......nstruction of the sections may not necessarily be taken as approved. In the result therefore this appeal is dismissed with costs. Ed. This Case is also Reported in: 35 DLR (AD) (1983) 364...Category: Civil Law | Date: | Hits: 112
Md. Zahir Abdullah Khan @ Zahir Abdullah Khan & others Vs. Abdul Latif & others, 1983, 12 CLC (AD)
....te with him) instructed by B. Hossain, Advocate-on-Record - For the appellant. Miah A. Gafur, Advocate-on-record - For the respondent No.1. Civil Appeal No.57 of 1982. (From the judgment and decree dated 11.12.81 passed by the High Court Division in F.A. No. 64 of 1979.) Judgment Badr......d. Judgment and decree of both the Courts below are set aside and the plaintiffs' suit is dismissed. There will be, however, no costs. Ed. This Case is also Reported in: 35 DLR (AD) (1983) 354. ..Category: Property Law | Date: | Hits: 99
....r President’s Order 16 of 1972 except in pursuance of a notice in any form issued under President’s Order 16 of 1972 and where no such notice is issued in respect of a building, in execution of a decree or order passed by a Court in a suit filed by the government. He submits that this is clear d....... The respondents directed to exclude the property from ‘Kha’ list within 60 (sixty) days from the date of receipt of this order.
Ed.
This Case is also Reported in: 50 DLR (HCD) (1998) 372.
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Category: Property Law | Date: | Hits: 150
Abdul Khalek Mia Vs. Maya Debi & others, 1983, 12 CLC (AD)
.... etc. or an order imposing a fine or the arrest or detention in Civil Prison are passed. Such orders are appealable. Then section 25 provides for revision in the following terms: "25e. Revision of decrees and orders of Courts of Small Causes. The High Court, for the purpose of satisfying itself t...... In the result therefore this appeal is allowed and the judgment of the High Court Division is set aside without any order as to costs. Ed. This Case is also Reported in: 35 DLR (AD) (1983) 310...Category: Property Law | Date: | Hits: 113
Agrani Bank Vs. Sultana Jute Mills Limited and others, 1993, 22 CLC (HCD)
....hen challenged the maintainability of the writ application before this Court on two grounds. His first ground is that section 6 of the Artha Rin Adalat Ain, 1990 provides that the order, judgment and decree passed by the Artha Rin Adalat cannot be challenged before any Court of law or any authority ......der suffers from legal infirmity and hence not sustainable. In the result, the Rule is made absolute without any order as to costs, Ed. This case is also Reported in: 47 DLR (HCD) (1995) 37. ..Category: Civil Law | Date: | Hits: 116
Reza (Md.) Vs. Executive Engineer, Facilities Department, and others, 1997, 26 CLC (HCD)
....he Code of Civil Procedure or it is covered by the provisions of Order 41 rule 5 of the Code. Order 41 rule 5 sub‑rule (i) provides that an appeal shall not operate as a stay of proceedings under a decree or order appealed from except so far as the appellate Court may order, nor shall execution of......n the result, the Rule is discharged 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: 50 DLR (HCD) (1998) 434...Category: Civil Law | Date: | Hits: 93
Belayet Hossain Vs. Bank Indosuez, 1998, 27 CLC (HCD)
.... the Bank and other financial institutions only for recovery of dues. Section 6 as quoted above provides that except in accordance with the provisions of section 7 the proceeding, order, judgment and decree of an Artha Rin Adalat cannot be questioned before any Court or any other authority. Section ......il Procedure is not maintainable and accordingly the same is liable to fail. The Rule is discharged without any order as to costs. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 431. ..Category: Civil Law | Date: | Hits: 121
Gajendra Nath Mondal and others Vs. Motia Begum and others, 1997, 26 CLC (HCD)
....se Courts Act and is directed against the judgment and order dated 22-6-86 passed by the then Munsif and SCC Judge of Serajganj in Miscellaneous Case No.54 of 1985 reversing those of the Judgment and decree dated 18-9-85 passed by the same Court in SCC Suit No.1 of 1983. 2. The opposite party Nos......ee dated 18-9-85 passed by the same Court in SCC Suit No.1 of 1985. The Rule is accordingly discharged without any order as to cost. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 429...Category: Procedural Law | Date: | Hits: 82
Manzur Ahmed Vs. Rajdhani Unnayan Kartipakkha (RAJUK) & others, 2010, 39 CLC (HCD)
.... the petitioner preferred First Appeal No.585 of 2001 before the High Court Division which was contested by Government, but not by RAJUK. The High Court Division, upon hearing the contesting parties, decreed the suit by judgment and Decree dated 15-12-2005 and, consequently, directed the Governmen...... Court Division in First Appeal No.585 of 2001 within 30 days from receipt of the copy of this judgment. Communicate this order. Ed. This Case is also Reported in: 63 DLR (HCD) (2011) 198. ..Category: Property Law | Date: | Hits: 127
Kazi Asmat Ullah Vs. Belayet Ali Sheikh and others, 2009, 38 CLC (HCD)
....ed at the instance of the defendant No.6 on the following terms: "Let the records be called for and a Rule issue calling upon the opposite party No.1 show cause as to why the impugned judgment and decree dated 14-3-1996 and 19-3-1996 respectively passed by Additional District Judge, Magura in Tit......nt and decree passed by the Court below are set aside. The suit is dismissed. Send down the lower Courts records immediately. Ed. This Case is also Reported in: 63 DLR (HCD) (2011) 173. ..Category: Property Law | Date: | Hits: 123
Shahidullah Patwary Vs. State, 1983, 12 CLC (AD)
....ferred till disposal of the suit. The suit in fact was filed not by the appellant but was filed by respondent No.2 for a declaration that he was entitled to take delivery of the tractor. The suit was decreed, but the appellant challenged the decree by an appeal before the High Court Division. In tha......ismissed. The opinion expressed above will not, however, influence the decision of the trial Court in the case against the appellant. Ed. This Case is also Reported in: 35 DLR (AD) (1983) 281. ..Category: Criminal Law | Date: | Hits: 111
Shafi Khan Vs. Mannujan Hossain and others, 1983, 12 CLC (AD)
....s nephew nor possession of the land was delivered and that in such a position his nephew re-sold the land by executing and registering the subsequent kabala. Secondly, even if the suit is collusive a decree to this effect will not automatically lead to the enforcement of the right of pre-emption. In......ed orders allowing pre-emption are set aside and the application for pre-emption is dismissed. No order as to costs for the appeal. Ed. This Case is also Reported in: 35 DLR (AD) (1983) 225. ..Category: Property Law | Date: | Hits: 77
Md. Mohiuddin Chowdhury Vs. Rupali Bank Ltd. and others, 2011, 40 CLC (HCD)
....titioner. Md. Imam Hasan, Advocate - for the respondents. Writ Petition No. 3664 of 2008. Judgment Md. Ruhul Quddus J. - This Rule Nisi, at the instance of a judgment debtor in a mortgage decree, was issued calling in question order dated 29.1.2008 passed by Artha Rin Adalat No.1, Chitta...... without any order as to costs. Let a copy of the judgment be communicated at once to the concerned executing Court. Nazmun Ara Sultana J. - I agree. Ed. This Case is also Reported in: ..Category: Civil Law | Date: | Hits: 129
AK Murshed Ahmed Vs. Md. Meher Ali and others, 1983, 12 CLC (AD)
....ril 6, 1982. 2. Plaintiff-respondent filed S.C.C Suit No. 5 of 1970 in the 4th Court of Munsif, Narayanganj for ejectment of the defendant appellant from the suit premises and obtained an ex parte decree on May 19, 1972. Miscellaneous Case No. 77 of 1972 filed by the defendant-appellant under O......n it goes against him and this also not by an appropriate proceedings. For the reasons stated above, appeal is allowed with costs. Ed. This Case is also Reported in: 35 DLR (AD) (1983) 178. ..Category: Procedural Law | Date: | Hits: 109
Babar Ali Prodhan Vs. Kinu Mia and others, 1979, 8 CLC (AD)
....CJ.- Decree-holder is the appellant and the matter arises out of an execution proceeding started by one of the judgment debtors for setting aside the auction sale. The facts in brief are that the decree-holder-auction purchaser instituted Rent suit No.496 of 1960 against the Respondent for reali......al is allowed without any order as to costs. The judgment of the High Court is set aside and that of the Court of appeal below restored. Ed. This Case is also Reported in: 31 DLR (AD) (1979) 323...Category: Property Law | Date: | Hits: 60
Omed Ali Sikder Vs. Arman Sikder and others, 1979, 8 CLC (AD)
....levant for disposal of the appeal are that the appellant and respondents 11-15 as plaintiff instituted Partition Suit No.6 of 1940 in the Second Court of Subordinate Judge, Faridpur and preliminary decree was passed on 1st March, 1944. An appeal was preferred by the contesting defendants being Fir......tion are set aside and the learned Subordinate Judge is directed to dispose of the matter in the light of the observations made above. Ed. This Case is also Reported in: 31 DLR (AD) (1979) 320...Category: Property Law | Date: | Hits: 78
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