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Abdur Rashid and another Vs. Abdul Barik and another, 1983, 12 CLC (AD)
....or the aforesaid reasons, the order of the learned Judge of the High Court Division is set aside and the appeal is allowed with costs. Ed. This Case is also Reported in: 35 DLR (AD) (1983) 162.......3) 162.......or the aforesaid reasons, the order of the learned Judge of the High Court Division is set aside and the appeal is allowed with costs. Ed. This Case is also Reported in: 35 DLR (AD) (1983) 162.......suit lands held in Money Execution Case No. 233 of 1942 and 44 of 1943 were void, illegal and inoperative and for recovery of possession of the suit land. During the pendency of the suit the original plaintiff Abdul Gani died and the respondents got themselves substituted as plaintiffs and subsequ..Category: Property Law | Date: | Hits: 67
Abu Saber Aziz Mohammad and others Vs. Government of Bangladesh and others, 1976, 5 CLC (AD)
....manded to the trial Court for disposal in the light of the observation made above. There will be no order as to costs in this appeal. Ed. This Case is also Reported in: 31 DLR (AD) (1979) 218.......appeal. Ed. This Case is also Reported in: 31 DLR (AD) (1979) 218.......manded to the trial Court for disposal in the light of the observation made above. There will be no order as to costs in this appeal. Ed. This Case is also Reported in: 31 DLR (AD) (1979) 218.......s of East Bengal State Acquisition and Tenancy Act and that the Government had been in possession of the said lands since 1st Baisakh, 1362 B.S. 4. The trial Court decreed the suit declaring the plaintiff's title to Schedule A lands by virtue of settlement and that to Schedule B lands as accret..Category: Property Law | Date: | Hits: 75
Abdul Mannan and others Vs. Kulada Ranjan Mowali and others, 1977, 6 CLC (AD)
....urt fees payable on the Memorandum of Appeal so treated within six months from the date of the arrival of the records in the High Court. Ed. This Case is also Reported in: 31 DLR (AD) (1979) 195.......igh Court. Ed. This Case is also Reported in: 31 DLR (AD) (1979) 195.......urt fees payable on the Memorandum of Appeal so treated within six months from the date of the arrival of the records in the High Court. Ed. This Case is also Reported in: 31 DLR (AD) (1979) 195.......resident's Orders No.72, 135 and 137 of 1972. 2. The appellants instituted the suit being Title Suit No.30 of 1948 in the Second Court of the Subordinate Judge, Barisal, for a declaration of the plaintiffs' right, title and interest in the disputed lands as Karsha tenants and for confirmation..Category: Property Law | Date: | Hits: 133
Md. Akram Ali Pk. and others Vs. Md. Yasin Ali and others, 2012, 41 CLC (AD)
....wing amendment is restored. The trial Court is directed to dispose of the suit as expeditiously as possible. Ed. This Case is also Reported in: 17 BLC (AD) (2012) 135; 17 MLR (AD) (2012) 242. ......on (Civil) Present: Md. Muzammel Hossain CJ Surendra Kumar Sinha J Md. Abdul Wahhab Miah J Syed Mahmud Hossain J Muhammad Imman Ali J Md. Shamsul Huda J Md. Akram Ali Pk. and others……………….....Petitioners Vs. Md. Yasin Ali and others...........................wing amendment is restored. The trial Court is directed to dispose of the suit as expeditiously as possible. Ed. This Case is also Reported in: 17 BLC (AD) (2012) 135; 17 MLR (AD) (2012) 242. ......nt of the plaint. They stated, inter alia, that owing to inadvertence some important facts have not been incorporated in the plaint. Not only correction of the description of the names of some of the plaintiffs is necessary but striking out the name of plaintiff No.61 is also essential. Inclusion of..Category: Procedural Law | Date: | Hits: 100
Jahangir Alam Chowdhury (Md.) Vs. Zabun Nahar Chowdhurani and other, 2008, 37 CLC (HCD)
....is Court at the time of issuance of the Rule is hereby vacated. Lower Courts record be sent down at once with a copy of the Judgment. Ed. This Case is also Reported in: 62 DLR (HCD) (2010) 322. ......rt High Court Division (Civil Revisional Jurisdiction) Present: SAK Md. Dabirus Shan J Jahangir Alam Chowdhury (Md.)……………………Petitioner Vs. Zabun Nahar Chowdhurani and other…………………….opposite Parties Judgment May 8, 2008. Result: Two Rul......is Court at the time of issuance of the Rule is hereby vacated. Lower Courts record be sent down at once with a copy of the Judgment. Ed. This Case is also Reported in: 62 DLR (HCD) (2010) 322. ......hould not be set aside. 2. Since the two Rules were issued and two revisions were filed out of same Judgment let both the Rules be disposed of by this single Judgment. 3. The petitioner here as plaintiff filed Title Suit No.63 of 2003 in the Court of Assistant Judge, Feni Sadar, Feni for decla..Category: Family Law | Date: | Hits: 167
Momena Khatun and others Vs. Hussain Fabrics Ltd. and others, 2010, 39 CLC (HCD)
....lier at the time of issuance of rule is here by vacated. Communicate this order at once. Sent down the lower Court records at once. Ed. This Case is also Reported in: 63 DLR (HD) (2011) 66.......se is also Reported in: 63 DLR (HD) (2011) 66.......lier at the time of issuance of rule is here by vacated. Communicate this order at once. Sent down the lower Court records at once. Ed. This Case is also Reported in: 63 DLR (HD) (2011) 66.......mder, with Abdul Barik Chowdhury, Advocates-For the Respondents. First Appeal No.216 of 2007 with Civil Rule No.497(f) of 2007. Judgment Sharifuddin Chaklader J. - This appeal by the plaintiffs, directed against Judgment and Decree dated 19-6-2007 passed by the learned Joint Distric..Category: Property Law | Date: | Hits: 78
....udgment and decree dated 14‑5‑02 is without jurisdiction.
The result is that the Rule is made absolute without any order as to cost.
Ed.
This Case is also Reported in: 56 DLR (2004) 641.
......rted in: 56 DLR (2004) 641.
......udgment and decree dated 14‑5‑02 is without jurisdiction.
The result is that the Rule is made absolute without any order as to cost.
Ed.
This Case is also Reported in: 56 DLR (2004) 641.
......was established by the Government of the People's Republic of Bangladesh and the petitioner Nos. 2‑5 are the officers of the petitioner No.1 Trust. The respondent No. 2 Janata Bank, Local Office as plaintiff instituted Title Suit No. 165 of 2001 in the Court of the Subordinate Judge and Artha Rin ..
Category: Property Law | Date: | Hits: 173
.... discharged, however, without any order as to costs.
Communicate the judgment to the concerned executing Court at once.
Nazmun Ara Sultana J. - I agree.
Ed.
This Case is also Reported in:
......risdiction)
Present:
Nazmun Ara Sultana J
Md. Ruhul Quddus J
Abdul Motaleb Howlader alias Chan Miah………….................Petitioner
Vs.
Judge, Artha Rin Adalat No.1, Pirojpur and others…………..... Respondents
Judgment
January 25, 2011.
Result:
The Rule is ...... discharged, however, without any order as to costs.
Communicate the judgment to the concerned executing Court at once.
Nazmun Ara Sultana J. - I agree.
Ed.
This Case is also Reported in:
......a Rin Decree Execution Case No.2 of 2004 arising out of Artha Rin Suit No.3 of 1998.
2. The facts leading to this writ petition are that respondent No.3, Bangladesh Krishi Bank, Pirojpur branch as plaintiff instituted Artha Rin Suit No. 3 of 1998 against the petitioner for realisation of loan. Th..
Category: Civil Law | Date: | Hits: 107
.... case), if it is required.
The office is directed to communicate the judgment to the concerned executing Court at once.
Nazmun Ara Sultana J. - I agree.
Ed.
This Case is also Reported in:
......ee.
Ed.
This Case is also Reported in:
...... case), if it is required.
The office is directed to communicate the judgment to the concerned executing Court at once.
Nazmun Ara Sultana J. - I agree.
Ed.
This Case is also Reported in:
......g out of Artha Rin Suit No.182 of 1992) issuing warrant of arrest against the petitioners to put them in civil prison.
2. The petitioners case in short is that respondent No.2, Sonali Bank Ltd. as plaintiff instituted Artha Rin Suit No.182 of 1992 in the Artha Rin Adalat, Comilla against the peti..
Category: Civil Law | Date: | Hits: 80
Abdus Salam Laskar Vs. Bangladesh and others, 2012, 41 CLC (HCD)
.... result, the Rule is discharged. The order of status quo passed earlier at the time of issuance of the Rule is vacated. Communicate a copy of the judgment. Ed. This Case is also Reported in: ......d in: ...... result, the Rule is discharged. The order of status quo passed earlier at the time of issuance of the Rule is vacated. Communicate a copy of the judgment. Ed. This Case is also Reported in: ......he petitioner. Mrs. Syeda Rabia Begum, Assistant Attorney General-For opposite party No.1. Civil Revision No. 5982 of 2007. Judgment Md. Ruhul Quddus J. - This Rule at the instance of the plaintiff-appellant was issued on an application under section 115 (1) of the Code of Civil Procedur..Category: Property Law | Date: | Hits: 78
Abdul Khaleque Miah Vs. Sheikh Amin Uddin, 2011, 40 CLC (HCD)
....9 of 1982 is hereby maintained. The order of stay passed at the time of issuance of the Rule is vacated. Send down the lower Courts’ records. Ed. This case is also Reported in: ......t High Court Division (Civil Revisional Jurisdiction) Present: Md. Ruhul Quddus J Abdul Khaleque Miah alias Khan Abdul Khaleque since deceased substituted by his heirs Mst. Sufia Begum and others………………...Petitioner Vs. Sheikh Amin Uddin, since deceased substituted by......9 of 1982 is hereby maintained. The order of stay passed at the time of issuance of the Rule is vacated. Send down the lower Courts’ records. Ed. This case is also Reported in: ...... decreeing the suit for specific performance of contract. 2. Plaintiff’s case, in brief, is that defendant No.1, Mokter Ali Mondal (herein opposite party No.2) entered into an agreement with the plaintiff Sheikh Amin Uddin and his wife Mst. Rabeya Khatun (herein opposite party Nos.1 and 3 respe..Category: Property Law | Date: | Hits: 99
..... The connected Civil Rule is also discharged and the stay granted therein is vacated.
Send down the lower Court’s record.
Faruque Ahmed J.- I agree.
Ed.
This Case is also Reported in:
......d J.- I agree.
Ed.
This Case is also Reported in:
....... The connected Civil Rule is also discharged and the stay granted therein is vacated.
Send down the lower Court’s record.
Faruque Ahmed J.- I agree.
Ed.
This Case is also Reported in:
...... Biswas, Deputy Attorney General-For the respondents.
First Appeal No.188 of 2004.
with
Civil Rule No.432 (F) of 2004.
Judgment
Md. Ruhul Quddus J. - This appeal at the instance of the plaintiffs is directed against judgment and decree dated 17.6.2004 passed by the Joint District Judg..
Category: Property Law | Date: | Hits: 78
Govt. of Bangladesh & another Vs. M/S Mashriqul Textiles and others, 1982, 11 CLC (AD)
.... parties agreed upon his appointment in the agreement. In the result, the appeal is dismissed without, however, any order to costs. Ed. This Case is also Reported in: 35 DLR (AD) (1983) 123. ......A Munim CJ Ruhul Islam J Badrul Haider Chowdhury J Shahabuddin Ahmed J Chowdhury ATM Masud J Govt. of Bangladesh & another.............. Appellants Vs. M/S Mashriqul Textiles and others.............. Respondents Judgment December 8, 1982. Result: The appeal is di...... parties agreed upon his appointment in the agreement. In the result, the appeal is dismissed without, however, any order to costs. Ed. This Case is also Reported in: 35 DLR (AD) (1983) 123. ......iqul Textiles, a proprietary firm, seeking an order from the Court directing that the arbitration agreement be filed in the Court. There was a written contract between these parties under which the plaintiff agreed to supply to the Civil Supply Depot of the defendant some gunny bags, and for prope..Category: Alternative Dispute Resolution | Date: | Hits: 238
Fazler Rahman Talukder Vs. Md. Mohsen Ali Talukder and another, 1982, 11 CLC (AD)
....dgment and decree of the High Court Division and those of the lower Appellate Court are set aside and those of the trial Court restored. Ed. This case is also reported in: 35 DLR (AD) (1983) 116....... Present: FKMA Munim CJ Ruhul Islam J Badrul Haider Chowdhury J Shahabuddin Ahmed J Chowdhury ATM Masud J Fazler Rahman Talukder…. Appellant Vs. Md. Mohsen Ali Talukder and another… Respondent Judgment June 23, 1982. Result: The Appeal is allowed. Law......dgment and decree of the High Court Division and those of the lower Appellate Court are set aside and those of the trial Court restored. Ed. This case is also reported in: 35 DLR (AD) (1983) 116.......hether the defendants held the suit property in occupancy right which is protected or it is an under tenure holding. If it is found that the suit land appertains to an under tenure holding then the plaintiff mast succeed to recover possession by evicting the defendant on the basis of his auction p..Category: Property Law | Date: | Hits: 58
Most. Anwara Khatun Vs. Md. Ensab Ali Akand, 2012, 41 CLC (AD)
....tted to prepare the paper books out of Court in accordance with Rules. The order of status quo granted earlier be extended till disposal of the appeal. Ed. This Case is also Reported in: ......bdul Wahhab Miah J Syed Mahmud Hossain J Muhammad Imman Ali J Md. Shamsul Huda J Most. Anwara Khatun……………………………………….Petitioner Vs. Md. Ensab Ali Akand…………………………………………Respondent Order March 4, 2012. Result: ......tted to prepare the paper books out of Court in accordance with Rules. The order of status quo granted earlier be extended till disposal of the appeal. Ed. This Case is also Reported in: ......12 of 2002 which had affirmed the judgement and decree dated 28.05.2002 passed by the Assistant Judge, Tarash, Sirajganj in Other Class Suit No.54 of 2001 dismissing the suit. 2. The petitioner as plaintiff filed Other Class Suit No.54 of 2001 before the Court of Assistant Judge, Tarash, Sirajgan..Category: Property Law | Date: | Hits: 66
Government of Bangladesh and others Vs. Abdul Motaleb & others, 2011, 40 CLC (HCD)
.... based on proper appreciation of laws and facts. Accordingly, all the 3 (three) appeals are dismissed without any order as to costs. Ed. This Case is also Reported in: 17 BLC (AD) (2012) 50. ......t: Surendra Rumar Sinha J MA Wahhab Miah J Nazmun Ara Sultana J Syed Mahmud Hossain J Md. Imman Ali J Md. Mamtaz Uddin Ahmed J Md. Shamsul Huda J Government of Bangladesh and others.........Appellants (In all the appeals) Vs. Abdul Motaleb & others................... based on proper appreciation of laws and facts. Accordingly, all the 3 (three) appeals are dismissed without any order as to costs. Ed. This Case is also Reported in: 17 BLC (AD) (2012) 50. ......rom the Judgment and Order dated 23-7-2002 passed by the High Court Division in Civil Revision Nos.3863, 4612 and 4613 of 1998). Judgment Syed Mahmud Hossain J.- These appeals, by Leave, by the plaintiff arise out of the judgment and order dated 23-7-2002 passed by a Single Bench of the High C..Category: Property Law | Date: | Hits: 67
Azmal Khan Vs. Md. Afzal Khan and others, 2011, 40 CLC (AD)
....ame. We find no substance in the contention of Mr. Kamal-ul-Alam. The appeal is, therefore, dismissed without any order as to costs. Ed. This Case is also Reported in: 64 DLR (AD) (2012) 17. ......e Division (Civil) Present: ABM Khairul Haque CJ Md. Muzammel Hossain J Surendra Kumar Sinha J Azmal Khan.........................................Appellant Vs. Md. Afzal Khan and others…………….........Respondent Judgment March 2, 2011. Result: The appeal ......ame. We find no substance in the contention of Mr. Kamal-ul-Alam. The appeal is, therefore, dismissed without any order as to costs. Ed. This Case is also Reported in: 64 DLR (AD) (2012) 17. ......introduce certain facts which are not conformity with his earlier plea of ejmali nature of the suit property and (b) whether the defendant No.1 is competent to challenge the said orders since the plaintiff did not challenge the defendant No.2's prayers. 2. Short facts relevant for the dispo..Category: Civil Law | Date: | Hits: 86
Abdus Sattar Bhuiyan Vs. Abdur Razzaque and another, 2011, 40 CLC (HCD)
....nected Civil Rule is accordingly disposed of. The trial Court is directed to dispose of the suit as expeditious as possible. Faruque Ahmed J.- I agree. Ed. This Case is also Reported in: ...... Reported in: ......nected Civil Rule is accordingly disposed of. The trial Court is directed to dispose of the suit as expeditious as possible. Faruque Ahmed J.- I agree. Ed. This Case is also Reported in: ......Miscellaneous Appeal No. 24 of 2010 with Civil Rule No. 68 (First Miscellaneous) of 2010. Judgment Md. Ruhul Quddus J. - This First Miscellaneous Appeal at the instance of the substituted plaintiffs is directed against order dated 4.11.2009 passed by the Joint District Judge, fourth C..Category: Civil Law | Date: | Hits: 67
Ramjan Ali Mistry Vs. Md. Hedayelullah, 1978, 7 CLC (AD)
....td. Vs. Shri Ram Krishna Dalmia, AIR 1973 (SC) 425. In conclusion, we find no merit in this appeal, which is dismissed with costs. Ed. This Case is also Reported in: 31 DLR (AD) (1979) 183.......lant Vs. Md. Hedayelullah………………………..Respondent Judgment February 27, 1978. Result: The appeal is dismissed. Cases Referred to- AK Fazlul Haq Vs. Nibaran Chandra Saha, (1967) 19 DLR 901; Mullah Mahbub Ali Vs. Jonab Ali, (1956) 8 DLR 448; Ananda Sundari Kar......td. Vs. Shri Ram Krishna Dalmia, AIR 1973 (SC) 425. In conclusion, we find no merit in this appeal, which is dismissed with costs. Ed. This Case is also Reported in: 31 DLR (AD) (1979) 183.......hat he deposited the rent for Aswin and Kartik 1380 B.S. with the Rent Controller not within the time prescribed by law. The trial Court from the trade licence of the tenant, and from the evidence of plaintiff's witnesses, and disbelieving the defence witnesses, held that the business of the tenant ..Category: Property Law | Date: | Hits: 87
Sonali Bank Vs. Mozaffor Hossain, 1997, 26 CLC (HCD)
....t of Subordinate Judge, Barisal is set aside and the ex parte decree dated 30-7-1983 is maintained. Order of stay stands vacated. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 174. ......AK Badrul Huq J Sonali Bank…………………..Petitioner Vs. Mozaffor Hossain………………….Opposite Party Judgment August 17, 1997. Result: The Rule is made absolute and the Order of stay stands vacated. Lawyers Involved: Md. Shahidul Haque, Advocate - For the......t of Subordinate Judge, Barisal is set aside and the ex parte decree dated 30-7-1983 is maintained. Order of stay stands vacated. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 174. ......eved by a judgment and order passed by the learned Subordinate Judge, restoring a suit to its file and number, on allowing Miscellaneous Case under Order 9 rule 13 of the Code of Civil Procedure, the plaintiff approaching this Court in an application under section 115 of the Code of Civil Procedure ..Category: Procedural Law | Date: | Hits: 80
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