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Jaymala Baroy @ Shamsun Naher Vs. Dilip Kumer Baroy, 2009, 38 CLC (HCD)

.... that plaintiff instituted Family Suit No. 333 of 2002 in the Family Court, Dhaka against the defendant for custody of his male child Shajib aged about 21/2 years. The trial Court by the judgment and decree dated 9-6-2003 decreed the suit ex parte. Against which the defendant filed Miscellaneous Cas......st. The order of stay granted earlier by this Court stands vacated. Office is directed to send down the records of this case at once. Ed. This Case is also Reported in: 15 BLC (HCD) (2010) 48...

Category: Civil Law | Date: | Hits: 130

Sultana Jute Mills Ltd. and another Vs. Bangladesh Bank and others, 2007, 36 CLC (HCD)

....y, the petitioners filed an application on 27-10-1996 before the Court of Subordinate Judge and Artha Rin Adalat No. 1, Chittagong under Order XXII rule 3 of the Civil Procedure Code for a compromise decree in terms of the Board resolution of respondent No. 3 as contained in its letter dated 25-2-19...... is discharged without any order as to cost. The order of stay granted at the time of issuance of Rule on 3-12-2000 is hereby vacated. Ed. This Case is also Reported in: 15 BLC (HCD) (2010) 34. ..

Category: Civil Law | Date: | Hits: 121

Raquibuddin Ahmed Vs. SAM Iqbal and another, 1997, 26 CLC (HCD)

.... Court was issued calling upon the opposite party Nos. 1 and 2 to show cause as to why the proceeding for contempt of Court should not be drawn up against them for not complying with the judgment and decree passed by the Courts. 3. Facts leading to the Contempt Rule are, in short, that in the yea......the Chief Metropolitan Magistrate, Dhaka, and the Officer-in-Charge, Ramna Police Station, Dhaka, for information and necessary action. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 209...

Category: Others | Date: | Hits: 142

Kafiluddin (Md.) Vs. Sukkur Ali Mia, 1996, 25 CLC (HCD)

....calls for interference by this Court. 2. The opposite party instituted TS No.159 of 1980 in the aforesaid Court for specific performance of contract against the petitioner. On contest the suit was decreed and the document of sale was executed and registered through Court duly. Upon obtaining such...... do not find any ground to interfere with the impugned order. In the result, the Rule is discharged without any order as to costs. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 208. ..

Category: Civil Law | Date: | Hits: 86

Dayal Chandra Mondal and others Vs. Assistant Custodian of Vested and Non-Resident Properties (L&B) and Additional Deputy Commissioner (Revenue), Dhaka and others, 1997, 26 CLC (HCD)

....e Petitioner. Md. Shahidul Alam Chowdhury, Advocate - For the Opposite Parties. Civil Revision No. 338 of 1987. Judgment Gour Gopal Saha J.- This Rule is directed against the judgment and decree dated 26-11-86 (decree drawn on 2-12-86) passed by the learned Subordinate Judge, 4th Court D...... Lakshman Mondal, full brother of plaintiff Maran Mondal and the same was correctly recorded in the CS and SA Khatians in the name of Lakshman Mondal. Lakshman Mondal eventually died as a childless widower at his native village Kakabo PS Savar District Dhaka leaving the plain as his only heir to suc..

Category: Property Law | Date: | Hits: 111

Khodeja Begum & others Vs. Md. Sadeq Sarkar, 1994, 23 CLC (HCD)

.... Exhibit 1 and Exhibit 4 the lower appellate Court reversed the judgment of the trial Court on the basis of those exhibits which were not legally proved. The learned Advocate further submits that the decree is in executable as it is a relationship between a man and a woman and the Constitution of Ba......stitution of conjugal rights at present and in future filing of such suits. Let the records of this case be sent down immediately. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 181. ..

Category: Family Law | Date: | Hits: 185

Saleha Begum Vs. Kamal Hossain, 1997, 26 CLC (HCD)

.... Judgment Md. Joynul Abedin J.- This Rule at the instance of the plaintiff wife arising out of an application under section 115 of the Code of Civil Procedure calls in question the judgment and decree dated 18-4-95 passed by the Subordinate Judge, Sadar Noakhali, in Family Appeal No.15 of 1993...... 8-8-93 passed by the Family Court Judge, Sadar Noakhali, in Family Court Suit No.47 of 1991 decreeing the suit in part. 2. The petitioner wife as plaintiff filed the aforesaid suit for her prompt dower and maintenance for herself and for her baby son alleging, inter alia, that she was married to..

Category: Family Law | Date: | Hits: 152

Mohamaya Rani Saha Vs. Dr. Ashequr Rahman Khan and others, 2008, 37 CLC (AD)

....st time, came to know that the respondent No.1, on 16-4-1998, purchased the case land from the pro forma respondent No.4 and that the respondent No.1, by filling Title Suit No.7 of 1990 also obtained decree therein in her favour in respect of the above Khas khatian land; then on 22-1-1998, he on obt......s and there is no illegality or infirmity in the above decision so as to call for any interference. All the petitions are dismissed. Ed. This Case is also Reported in: 64 DLR (AD) (2012) 61. ..

Category: Property Law | Date: | Hits: 76

Hafizuddin Ahmed and another Vs. Mahbubul Huq and others, 1983, 12 CLC (AD)

....urt, instructed by Md. Aftab Hossain, Advocate-on-Record - For the Respondent No. 1. Ex parte - For Respondent Nos. 2-5 & 6(1) to 6(A). Civil Appeal No. 20 of 1982. From the judgment and decree dated July 23, 1980 passed by the High Court Division in Second Appeal No. 220 of 1966. Ju......owed. The judgment and decree of the High Court Divi­sion is set aside and that of the trial Court is restored. No order as to costs. Ed. This Case is also Reported in: 35 DLR (AD) (1983) 174. ..

Category: Property Law | Date: | Hits: 58

Tahera Begum Vs. Farukh Meah, 1982, 11 CLC (AD)

.... the Muslim Family Laws Ordinance, 1961. In the result therefore this appeal is dis­missed but there will be no order as to costs. Ed. This Case is also Reported in: 35 DLR (AD) (1983) 170. ......ion 6 sub-section (5) are in the following terms: "any man who contracts another marriage without the permission of the Arbitration Council shall— (a) pay immediately the entire amount of the dower whether promt or deferred, due to the existing wife or wives, which amount if not so paid, sha..

Category: Family Law | Date: | Hits: 166

Abdur Rashid and another Vs. Abdul Barik and another, 1983, 12 CLC (AD)

....session 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 sub­sequently they obtained ex parte decree on 19-7-72. 3. On 18-5-74 the appellants filed Mis­cellaneous Case No. 48 of 1974 under O......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...

Category: Property Law | Date: | Hits: 67

Abu Saber Aziz Mohammad and others Vs. Government of Bangladesh and others, 1976, 5 CLC (AD)

....vision in F A. No.28 of 1964) Judgment Debesh Chandra Bhattacharya J.- This appeal by special leave is against a judgment of a Bench of the High Court Division allowing a First Appeal against a decree of the trial Court and dismissing the suit brought by the appel­lants for declaration of the......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...

Category: Property Law | Date: | Hits: 75

Abdul Mannan and others Vs. Kulada Ranjan Mowali and others, 1977, 6 CLC (AD)

....n annual rent of Tk. 75/- on the basis of another Kabuliyat of the same date, namely, 1st Jaistha, 1331 B.S. which were ultimately sold, and purchased in auc­tion by the landlords, in execution of a decree for rent obtained by them and were then settled in 1344-45 B.S. with the predecessors of some......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...

Category: Property Law | Date: | Hits: 133

Jahangir Alam Chowdhury (Md.) Vs. Zabun Nahar Chowdhurani and other, 2008, 37 CLC (HCD)

....of 2006. Judgment SAK Md. Dabirus Shan J.- These two Rules in Civil Revision Nos. 661 of 2006 and 662 of 2006 were issued calling upon the opposite party Nos.1 and 2 to show cause as to why and decree dated 25-1-2006 and 31-1-2006 respectively passed by the learned Joint District judge, 1st Co......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. ..

Category: Family Law | Date: | Hits: 167

Atahar and others Vs. State, 2007, 36 CLC (HCD)

....of prosecution witnesses along with all other evidence and circumstances appearing in the case and only then the Court can be in a position to weigh the testimony and probabilities with the requisite decree of thoroughness before reaching its conclusion. 45. In the instant case, if we place defen......ny other case and accused appellants Mutahar and Sohrab be discharged from their respective bail bond. Send down the LCR at once. Ed. This Case is also Reported in: 62 DLR (HCD) (2010) 302. ..

Category: Criminal Law | Date: | Hits: 66

Momena Khatun and oth­ers Vs. Hussain Fabrics Ltd. and others, 2010, 39 CLC (HCD)

.... case be sent back on remand to the trial Court which no Court could subscribe. 15. We find substance in his appeal. 16. In the result, this appeal is allowed. No costs. 17. The Judgment and decree dated 19-6-2007 passed by the learned Joint District Judge. Arbitration Adalat, Dhaka in Titl......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...

Category: Property Law | Date: | Hits: 78

Bangladesh Freedom Fighters' Welfare Trust and others Vs. Joint District Judge and Artha Rin Adalat & another, 2004, 33 CLC (HCD)

....€‘ For Respondent No. 2. Writ Petition No. 687 of 2003. Judgment Md. Awlad Ali J. ‑ This Rule Nisi was issued calling upon the respondents to show cause as to why the impugned judgment and decree dated 14‑5­-02 (Annexure D) passed by the respondent No. 1 in Title Suit No. 165/01 should......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. ..

Category: Property Law | Date: | Hits: 173

Asmatunnessa Khatun Vs. Bangladesh, 2004, 33 CLC (HCD)

....of Civil Procedure against an order dated 13‑10‑03 passed by the learned Joint District Judge, Court No. 2 and executing Court in Money Execution Case No. 39 of 95, which rejected a prayer of the decree‑holder for attachment of the movables of the judgment‑debtor, Deputy Commi­ssioner, Dhak......vables of the Deputy Commissioner at Dhaka as described in the schedule to the application within a week of receipt of this order positively. Ed. This Case is also Reported in: 56 DLR (2004) 612...

Category: Procedural Law | Date: | Hits: 54

Abdul Motaleb Howlader alias Chan Miah Vs. Judge, Artha Rin Adalat No.1, Pirojpur and others, 2011, 40 CLC (HCD)

.... 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. The said suit was decreed ex parte and the decree-holder bank initiated Artha Rin Decree Execution Case No.5 of 1999 w...... 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: ..

Category: Civil Law | Date: | Hits: 107

Arun Kumar Sutradhar and another Vs. The Joint District Judge, Artha Rin Adalat Comilla and another, 2010, 39 CLC (HCD)

....etitioners. Mohammad Ali, Advocate -For the respondent. Writ Petition No.4374 of 2003. Judgment Md. Ruhul Quddus J. - This Rule Nisi, at the instance of two judgment debtors in a mortgage decree, was issued calling in question order dated 26.5.2003 passed by the Artha Rin Adalat, Comilla...... 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: ..

Category: Civil Law | Date: | Hits: 80