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Category: Property Law | Date: | Hits: 21
Muhammad Ali Vs. Mrs. Khaleda Rahman and others, 2009, 38 CLC (AD)
....a suit being the Title Suit No. 131 of 1993 on 2.5.1993, in the Court of Assistant Judge, First Court, Dhaka, with the prayer for decree for declaration that the deed of Heba bel Ewaj dated 28.1.1991 executed and registered by Rabeya Khatun in favour of her son, the defendant-petitioner is null an......ourt and restored that of the Trial Court. Under such circumstances, this appeal is dismissed but without any order as to cost. Ed. This Case is also Reported in: VII ADC (2010) 382. ......ave gone through the judgment passed by the trial Court, the appellate Court, the judgment passed by the High Court Division in Civil Revision No. 600 of 1991 dated 19.5.1997 and also the judgment of dismissal of Leave Petition No. 714 of 1997 arising therefrom and passed by the Appellate Division o..Category: Property Law | Date: | Hits: 27
Walilullah Vs. Hasina Begum and others, 2009, 38 CLC (AD)
....lant instituted a suit being Title Suit No. 261 of 1963 in the Third Court of Assistant Judge, Dhaka, on 5.9.1968, praying for a decree for eviction of the defendant as licensee. The suit was decreed ex parte on 27.2.1975 and thereafter Execution Case No. 14 of 1975 was filed. The defendant on 4.3.1......t instituted a suit being Title Suit No. 261 of 1963 in the Third Court of Assistant Judge, Dhaka, on 5.9.1968, praying for a decree for eviction of the defendant as licensee. The suit was decreed ex parte on 27.2.1975 and thereafter Execution Case No. 14 of 1975 was filed. The defendant on 4.3.1975......ned in schedule C to the plaint in favour of the defendants within the period of 1 (one) month from the date of receipt of this Order. Ed. This Case is also Reported in: VII ADC (2010) 377. ..Category: Civil Law | Date: | Hits: 105
Category: Alternative Dispute Resolution | Date: | Hits: 207
Category: Civil Law | Date: | Hits: 121
Mrs. Bakul Akter Vs. Bangladesh and others, 2010, 39 CLC (AD)
....ment of its debts, he is entitled to participate in the distribution of its assets. The liability of a shareholder, whether he is the Chairman of the Board of Directors, or a director, is only to the extent of the face value of the shares he holds, nothing more than that. But if he guarantees repaym...... that case she will be liable. With these observations, this petition is dismissed. Ed. This Case is also Reported in: 18 BLT (AD) (2010) 282, 7 LG (AD) (2010) 101, 31 BLD (AD) (2011) 33. ......imited and others, praying for a decree for Tk. 1,90,11,342.00. The defendant No. 3, the petitioner herein, filed a written statement on 01.04.2008, denying all material averments and also prayed for dismissal of suit against her. Another application under Order 1 Rule 10(2) of the Code of Civil Pro..Category: Banking Law | Date: | Hits: 77
Elahi Mondal Vs. Juran Mondal and others, 2009, 38 CLC (AD)
....cre of land of plot No. 254 was wrongly recorded in the name of Rajab Ali and Makshed Ali and against the said wrong recording the petitioner filed Title suit No. 256 of 1973 and the same was decreed ex parte; that regarding .21 acre of land of plot No. 243, Title Suit No. 690 of 1976 was filed. Dur...... of land of plot No. 254 was wrongly recorded in the name of Rajab Ali and Makshed Ali and against the said wrong recording the petitioner filed Title suit No. 256 of 1973 and the same was decreed ex parte; that regarding .21 acre of land of plot No. 243, Title Suit No. 690 of 1976 was filed. During......e do not find any new ground for review of the impugned Judgment and order. Accordingly, this review petition is dismissed. Ed. This Case is also Reported in: VII ADC (2010) 307. ..Category: Property Law | Date: | Hits: 20
Anwar Munshi and others Vs. Kulsum Begum and others, 2009, 38 CLC (AD)
....llusion with the process server. It is further stated that the suit land originally belonged to one Masiruddin and Mohiruddin and they settled 5.15 acres of land with one Ibrahim Mia and thereby they exhausted all their interest by transfer in the suit land. Ibrahim Mia transferred 4.65 acres of l......st of the plaintiffs, the defendant No.18 and after his death, on substitution plaintiffs become party defendant in the suit but they did not contest the suit. The suit was accordingly decreed ex parte on 24.9.1992 and the final decree was passed on 31.5.1994. The predecessor-in-interest of the ......of the same subject matter for formal defects is dismissed. In view of above discussion prayer for granting leave is refused. Ed. This Case is also Reported in: VII ADC (2010) 295. ..Category: Property Law | Date: | Hits: 35
Abdul Hamid Matubbar and others Vs. Majibar Matubbar and others, 2009, 38 CLC (AD)
....ling a written statement contending that Korban Ali, the owner of the suit land took loan from Karam Ali Sheikh and for nonpayment or said loan Karam Ali Sheikh filed a money suit and obtained an ex parte decree against the heirs of Korban Ali on 08.01.1923; that on 23.09.1923 in execution of ......ing a written statement contending that Korban Ali, the owner of the suit land took loan from Karam Ali Sheikh and for nonpayment or said loan Karam Ali Sheikh filed a money suit and obtained an ex parte decree against the heirs of Korban Ali on 08.01.1923; that on 23.09.1923 in execution of the......land and then sold the same land to different persons including the defendants, who also purchased from heirs of Karam Ali Sheikh after his death and got possession of the land in suit and prayed for dismissal of the suit. 5. The trial Court framed necessary issues and on considering the evid..Category: Property Law | Date: | Hits: 26
Most. Monowara Begum and others Vs. Malanch Bibi and others, 2009, 38 CLC (AD)
....e cases and got delivery of possession on 4th December, 1962. The record of right was however not prepared in the name of the plaintiff and it was recorded in the name of defendant on the basis of an ex parte decree passed in Title Suit No.730 of 1962, which clouded his title in the suit lands. ......ases and got delivery of possession on 4th December, 1962. The record of right was however not prepared in the name of the plaintiff and it was recorded in the name of defendant on the basis of an ex parte decree passed in Title Suit No.730 of 1962, which clouded his title in the suit lands. ......w The appeal is therefore allowed. The judgment of the High Court Division is set aside and restored those of the Courts below. Ed. This Case is also Reported in: VII ADC (2010) 271. ..Category: Property Law | Date: | Hits: 20
Mohiuddin Khan and another Vs. Shihamul Haque and others, 2009, 38 CLC (AD)
....of said Chaturi Tanti and they paid ground rents and got dakhilas. Against the above order of mutation, Shihamul Haque preferred Misc. Appeal Case No.13 of 1981 claiming title on the basis of deed of exchange (settlement) dated 16-6-1980 and the Additional Deputy Commissioner (Revenue) Dhaka, by ord......plaint and a decree for declaration that the settlement deed described in schedule ‘B’ is not binding on the plaintiffs. Ed. This Case is also Reported in: 15 BLC (AD) (2010) 129. ......use of action airing from the creation of documents relating to exchange of the disputed property and so the provisions of Order XXIII, rule 1(3) of the Code of Civil Procedure regarding withdrawal/dismissal are not applicable and the High Court Division was wrong in not properly considering the..Category: Property Law | Date: | Hits: 29
Md. Sona Ullah Vs. Most. Morium Bewa and others, 2010, 39 CLC (AD)
....3 making the rule absolute. 2. Respondent Nos.1-11 instituted Title Suit No.45 of 1992 in the Court of Senior Assistant Judge, Sadar, Rangpur against the petitioners for declaration that the ex parte decree passed in Other Class Suit No.199 of 1984 by the Assistant Judge, Kawnia Upazila is ......aking the rule absolute. 2. Respondent Nos.1-11 instituted Title Suit No.45 of 1992 in the Court of Senior Assistant Judge, Sadar, Rangpur against the petitioners for declaration that the ex parte decree passed in Other Class Suit No.199 of 1984 by the Assistant Judge, Kawnia Upazila is not......o add additional grounds. The order of status quo granted earlier by this court shall continue till disposal of the appeal. Ed. This Case is also Reported in: VII ADC (2010) 237. ..Category: Property Law | Date: | Hits: 18
S. M. Hossain and others Vs. Lahazuddin and others, 2009, 38 CLC (AD)
....over possession of the suit premises in favour of plaintiffs/respondents father, that Md. Solaiman Chowdhury filed a rent suit against defendant No.1 being S.C.C. Suit No. 516 of 1953 and obtained an ex parte decree on 04.03.1954; that the suit property was sold in auction on 14.03.1955 in Money E......r possession of the suit premises in favour of plaintiffs/respondents father, that Md. Solaiman Chowdhury filed a rent suit against defendant No.1 being S.C.C. Suit No. 516 of 1953 and obtained an ex parte decree on 04.03.1954; that the suit property was sold in auction on 14.03.1955 in Money Exec......firmed. Thereafter the respondent No.7 filed Other Class Suit No.21 of 1956 renumbered as No.52 of 1957 which was dismissed and subsequently he preferred an appeal against the judgment and order of dismissal which was also disallowed and the First Appeal No.939 of 1967 filed before the High Cour..Category: Tenancy Law | Date: | Hits: 185
Md. Fazlul Haque Vs. Abdul Malek alias Maya Miah and another, 2009, 38 CLC (AD)
....delivered possessing thereof. Ijjad Ali transferred the said 2nd schedule land on 06.12.1962 in favour of Abdul Latif the predecessor of the plaintiff and delivered possession but as he died before executing the kabala his heirs subsequently executed and registered the said kabala. His heirs subse......stituted the instant suit with false claim as such he prayed for dismissal of the suit. 3. The petitioner was defendant of the suit. No notice was served upon the defendant and as such upon ex parte hearing the learned Senior Assistant Judge, Sadar Sylhet decreed the suit by judgment and orde......igation the plaintiff can not get any relief. With a view to causing loss to the defendant the plaintiff by withdrawing earlier suit instituted the instant suit with false claim as such he prayed for dismissal of the suit. 3. The petitioner was defendant of the suit. No notice was served upon..Category: Property Law | Date: | Hits: 29
Kazi Ali Ahmed Vs. Mohammad Nurunnabi and others, 2009, 38 CLC (AD)
.... (4 annas), which they were owning and possessing as such and that the suit plot No. 752 consists of 27 decimals land, which on mutual partition said Afsin Matbar and Babar Ali have been possessing exclusively in open assertion of their right, title and interest therein and subsequently said sui......the wrong recording of the Khatian published in the name of Mosammat Daulat Bibi, Sukuri Bibi, Sonai Bibi and Rahela but the present plaintiffs were not made party therein and the suit was decreed ex-parte, inspite of the fact that Sukuri Bibi @ Kuti Bibi died in the year 1974, Daulat Bibi died in t......ngs of the Courts below. In the premises we do not find any merit in the application. Accordingly, the leave petition is dismissed. Ed. This Case is also Reported in: VII (ADC) (2010) 137. ..Category: Property Law | Date: | Hits: 37
Category: Labour and Industrial Law | Date: | Hits: 110
Md. Basarat Ali Vs. Md. Abdul Mannan and others, 2008, 37 CLC (AD)
.....S., settlement operations the said land was recorded in Chitta Dag Nos. 501 and 502 in the names of the said three brothers. Subsequently said land along with other land described in the schedule annexed to the written statement was partitioned and the said land falls in the saham of Dengai Mahmu......rial court's findings upon consideration of the evidence on record both oral and documentary. 8. It was also submitted that awarding a heavy cost while disposing of the revisional application ex parte indicates that the impugned judgment was passed in a biased attitude. 9. Leave was granted ...... schedule land is owned and possessed by defendant Nos. 1-40 and the plaintiffs or their predecessor has or had no title to or possession therein and, as such, the contesting defendants claimed for dismissal of the suit with costs. 6. The trial court dismissed the suit while the lower appellate..Category: Property Law | Date: | Hits: 33
Category: Property Law | Date: | Hits: 43
A. Hakim Gazi and others Vs. Gazi Safiqul Islam and others, 2009, 38 CLC (AD)
....the sale was set aside on contest. Thereafter, Baru Bibi and Amena filed Rent Suit No.1478 of 1955 in the Third Court of Munsif against Achhiya Khatun, Abdul Mazid. The husband of Baru Bibi got an ex parte decree. Achiya Khatun filed Title Suit No. 268 of 1958 in the same court for setting aside...... sale was set aside on contest. Thereafter, Baru Bibi and Amena filed Rent Suit No.1478 of 1955 in the Third Court of Munsif against Achhiya Khatun, Abdul Mazid. The husband of Baru Bibi got an ex parte decree. Achiya Khatun filed Title Suit No. 268 of 1958 in the same court for setting aside th......ved at a correct decision. We therefore fined on reason to interfere with the same. The petition is accordingly dismissed. Ed. This Case is also Reported in: VI ADC (2009)1006. ..Category: Property Law | Date: | Hits: 138
M/s International Trade Promotors Vs. Judge, Artha Rin Adalat No. 1 Dhaka & ors, 2008, 37 CLC (AD)
....2 filed Title Suit No.227 of 1991 in the Artha Rin Adalat No.1, Dhaka, the respondent No.1, for realization of the outstanding loan of Tk. 17,86,393.38 from the petitioners and the suit was decreed ex parte on 28.5.1992; the respondent No.2, on 29.9.1994, filed Execution Case No.85 of 1994 and t......iled Title Suit No.227 of 1991 in the Artha Rin Adalat No.1, Dhaka, the respondent No.1, for realization of the outstanding loan of Tk. 17,86,393.38 from the petitioners and the suit was decreed ex parte on 28.5.1992; the respondent No.2, on 29.9.1994, filed Execution Case No.85 of 1994 and then......there is no illegality or infirmity in the above decision so as to call for any interference. The petition is dismissed. Ed. This Case is also Reported in: 17 BLT (AD) (2009) 306. ..Category: Civil Law | Date: | Hits: 191