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....er of stay granted earlier by this Court stands vacated. Let a copy of the judgment along with lower Courts record be sent down at once.
Ed.
This Case is also Reported in: 16 MLR (HCD) (2011) 49.......azzam Husain J
Government of Bangladesh, represented by the Deputy Commissioner, Sylhet..................Defendant No.1-Appellant-Petitioner.
Vs.
Syed Rashid Ahmed Ehsan @ Syed Abdur Rashid and others................Plaintiff- Respondent-Opposite parties.
Judgment
August 19, 2010.
......er of stay granted earlier by this Court stands vacated. Let a copy of the judgment along with lower Courts record be sent down at once.
Ed.
This Case is also Reported in: 16 MLR (HCD) (2011) 49.......District Judge, 3rd Court, Sylhet in Title Appeal No.332 of 2001 should not be set-aside.
2. Material facts of the case as necessary for disposal of the Rule are that the opposite party Nos.1-5 as plaintiffs filed a suit being Title Suit No.136 of 1998 in the Court of Subordinate Judge, 2nd Court..
Category: Property Law | Date: | Hits: 64
Abdul Quddus Vs. Syed Moinul Ahsan Sajjad, 2010, 39 CLC (HCD)
....ipt of this order. Office is directed to communicate the order at once. Ed. This Case is also Reported in: 16 MLR (HCD) (2011) 1, 15 BLC (HCD) (2010) 321, 16 BLC (HCD) (2011) 166. .....................Opposite party Judgment February 7, 2010. Result: The Rule is disposed of. Lawyers Involved: Mrs. Fauzia Karim Firoze, Advocate with Mr. Md. Tashaddak Hasan, Advocate and Mr. Khandaker Aminul Haque, Advocate − For the petitioner. Mr. Yusuf HossainHumayun, Advoca......ipt of this order. Office is directed to communicate the order at once. Ed. This Case is also Reported in: 16 MLR (HCD) (2011) 1, 15 BLC (HCD) (2010) 321, 16 BLC (HCD) (2011) 166. ......ed by the Additional District Judge, 1st Court, Dhaka in Miscellaneous Appeal No.27 of 2009 as to the custody of children.) Judgment Syed Md. Ziaul Karim J.- This Rule, at the instance of plaintiff respondent-petitioner calls in question the legality and propriety of the judgment and ord..Category: Family Law | Date: | Hits: 171
....d and order of stay granted therein is recalled and vacated.
Parties are directed to bear their own cost. Send down the records at once.
Ed.
This Case is also Reported in: 56 DLR (2004) 530.
.......
This Case is also Reported in: 56 DLR (2004) 530.
......d and order of stay granted therein is recalled and vacated.
Parties are directed to bear their own cost. Send down the records at once.
Ed.
This Case is also Reported in: 56 DLR (2004) 530.
...... 1 and 2 presented the appeal against the decree dated 11‑1‑99 passed by Subordinate Judge, Court No. 3 at Dhaka in Money Suit No. 47 of 1991, which decreed the suit.
Respondent Nos. I to 6 as plaintiffs on 20‑6-Â91 instituted the suit against the appellants and two others for a money decr..
Category: Civil Law | Date: | Hits: 92
Abdullah (Md) and others Vs. Majibul Huq and others, 2003, 32 CLC (HCD)
....No. 14 dated 30‑5‑2001 be set aside and the application dated 20‑5‑2001 be allowed. However, there will be no order as to costs. Ed. This Case is also Reported in: 56 DLR (2004) 528. ......er as to costs. Ed. This Case is also Reported in: 56 DLR (2004) 528. ......No. 14 dated 30‑5‑2001 be set aside and the application dated 20‑5‑2001 be allowed. However, there will be no order as to costs. Ed. This Case is also Reported in: 56 DLR (2004) 528. ......awyers Involved: Ferdausi Sahab, Advocate ‑ For the Petitioners. No one ‑ For the Opposite Parties. Civil Revision No. 3970 of 2001. Judgment M Hussain Haider J. - In this Rule the plaintiff petitioner challenged order No. 14 dated 30‑5‑2001 passed by the learned Assistant Jud..Category: Civil Law | Date: | Hits: 75
Animal Protection Society Chittagong Vs. Laxman Chadra Das & others, 2003, 32 CLC (HCD)
....he deposit account of the Public Account of the Republic as provided under section 10(2) of the Ordinance. Send down the record at once. Ed. This Case is also Reported in: 56 DLR (2004) 522. ..............Respondents Judgment October 22, 2003. Result: The appeal is allowed. Lawyers Involved: Subrata Chowdhury, Advocate ‑ For the Appellant. Mahbubay Alam with AM Aminuddin and Samarendra Nath Biswas, Advocates ‑ For Respondent No. 1. Firojur Rohman, Assistant Attorne......he deposit account of the Public Account of the Republic as provided under section 10(2) of the Ordinance. Send down the record at once. Ed. This Case is also Reported in: 56 DLR (2004) 522. ......€‘ For Respondent No. 1. Firojur Rohman, Assistant Attorney General ‑ For Respondent No. 8. First Appeal No. 122 of 2001. Judgment Md. Abdur Rashid J. - This appeal was presented by the plaintiff against judgment and decree dated 8‑1‑01 passed by Subordinate Judge, Court No. 1 at C..Category: Property Law | Date: | Hits: 61
IFIC Bank Ltd. and others Vs. Beximco Holdings Ltd. and others, 2004, 33 CLC (HCD)
....ion for temporary injunction is also dismissed. Connected Civil Rule No. 654 (FM) of 2004 is accordingly disposed of. Communicate at once. Ed. This Case is also Reported in: 57 DLR (2005) 154.......This Case is also Reported in: 57 DLR (2005) 154.......ion for temporary injunction is also dismissed. Connected Civil Rule No. 654 (FM) of 2004 is accordingly disposed of. Communicate at once. Ed. This Case is also Reported in: 57 DLR (2005) 154.......an order dated 27‑10‑2004 passed by Joint District Judge, Court No.5 in Dhaka in Title Suit No.191 of 2004, which granted temporary injunction restraining the defendants from sending names of the plaintiffs to the Bangladesh Bank for publication in the CIB (Credit Information Bureau) report. ..Category: Civil Law | Date: | Hits: 71
Safiqur Rahman (Md.) and others Vs. Ambia Khatoon and others, 2004, 33 CLC (HCD)
.... Case No.5 of 1998 as passed at the time of the issuance of the Rule for a period of 3(three) months and subsequently extended is vacated. Ed. This Case is also Reported in: 57 DLR (2005) 143. ...... This Case is also Reported in: 57 DLR (2005) 143. ...... Case No.5 of 1998 as passed at the time of the issuance of the Rule for a period of 3(three) months and subsequently extended is vacated. Ed. This Case is also Reported in: 57 DLR (2005) 143. ......cy Act does not exclude application for restoration of the proceeding an under Order IX, rule 9 of the Code of Civil Procedure. This provision for restoration is an alternate provision available to a plaintiff or a petitioner to get rid of an order of dismissal of a suit by an ex parte decree or dis..Category: Property Law | Date: | Hits: 52
Al-Imran Ali and others Vs. Sudangshu Kumar Banik and others, 2004, 33 CLC (HCD)
....2001 is hereby set aside. Since it is a long pending suit the trial Court is directed to dispose of the same as expeditiously as possible. Ed. This Case is also Reported in: 57 DLR (2005) 106.......ly as possible. Ed. This Case is also Reported in: 57 DLR (2005) 106.......2001 is hereby set aside. Since it is a long pending suit the trial Court is directed to dispose of the same as expeditiously as possible. Ed. This Case is also Reported in: 57 DLR (2005) 106.......titioners. Enayetur Rahim with Md. Jahangir Alam—For the Opposite Parties. Civil Revision No.4194 of 2001. Judgment Afzal Hossain Ahmed J.- This Rule is directed, at the instance of the plaintiff-petitioners, against the judgment and order dated 2‑7‑2001 passed by the Assistant Jud..Category: Property Law | Date: | Hits: 50
Sardar Jan Mohammad and another Vs. Lutfannessa and others, 2004, 33 CLC (HCD)
....side. Learned Subordinate Judge is directed to hear and dispose of the Suit in accordance with law, expeditiously. Send down the record. Ed. This Case is also Reported in: 56 DLR (2004) 514. ......his Case is also Reported in: 56 DLR (2004) 514. ......side. Learned Subordinate Judge is directed to hear and dispose of the Suit in accordance with law, expeditiously. Send down the record. Ed. This Case is also Reported in: 56 DLR (2004) 514. ...... statements. 3. Then, defendant Nos. 1 and 7 jointly made an application under Order VII rule 11 clause (a) of the Code of Civil Procedure for rejection of the plaint mainly on the ground that the plaintiffs had got no cause of action to institute the suit on 6‑5‑92 before expiry of the stipu..Category: Property Law | Date: | Hits: 61
Padma Oil Co. Ltd. Vs. SM Nurul Islam and others, 2002, 31 CLC (HCD)
.... as to cost. The order of stay granted at the time of issuance of the Rule stands vacated. Send down the lower Court records at once. Ed. This Case is also Reported in: 56 DLR (2004) 505. ......004) 505. ...... as to cost. The order of stay granted at the time of issuance of the Rule stands vacated. Send down the lower Court records at once. Ed. This Case is also Reported in: 56 DLR (2004) 505. ......ue, Advocate ‑ For the Opposite Parties. Civil Revision No. 2514 of 2000. Judgment Faruque Ahmed J. - This Rule at the instance of the defendant No. 2 petitioner was issued directing the plaintiff opposite party No. 1 to show cause as to why the judgment and decree dated 8‑3‑2000 pa..Category: Employment/Service Law | Date: | Hits: 122
Noor Alam Vs. Sonali Bank and others, 2011, 40 CLC (HCD)
....m other defendant Nos. 1-2 in accordance with law. Let a copy of this judgment along with lower Court's record be sent down at once. Ed. This Case is also Reported in: 16 MLR (HCD) (2011) 332.......332.......m other defendant Nos. 1-2 in accordance with law. Let a copy of this judgment along with lower Court's record be sent down at once. Ed. This Case is also Reported in: 16 MLR (HCD) (2011) 332.......he Subordinate Judge, Additional Commercial Court No.1, Dhaka in Title Suit No.145 of 1999 decreeing the suit. 2. Relevant facts of the case, in short, are that the respondent No.1, Sonali Bank as plaintiff filed a suit being Title Suit No. 145 of 1999 in the Court of Subordinate Judge, 3rd Court..Category: Procedural Law | Date: | Hits: 107
Maulana Abdul Motin & others Vs. Shah Alam Bhuiyan & others, 1989, 28 CLC (HCD)
....scharged without any order as to costs. The stay order granted by this Court staying all further proceeding in title suit is vacated. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 243. ................Petitioners Vs. Shah Alam Bhuiyan & others............Opposite Parties Judgment February 9, 1989. Result: The Rule is discharged. Lawyers Involved: Md. Akkas Ali and S.R. Karmaker, Advocates - For the Petitioners. Wahidul Momen Chowdhury, Advocate - For the O......scharged without any order as to costs. The stay order granted by this Court staying all further proceeding in title suit is vacated. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 243. ......cation under Order 26 rule 9 of the Code of Civil Procedure for holding a local inÂvestigation of the suit land. 2. The short fact that will be necessary for the disposal of the Rule is that, the plaintiff opposite party no.1 filed Title suit No.186 of 1987. On the objection of the defendants as..Category: Procedural Law | Date: | Hits: 82
Habibur Rahman Khan Vs. Nurul Islam Khan, 1997, 26 CLC (HCD)
....ible. The Rule being Civil Rule No. 390 (fm) 96 is accordingly disposed of. Send a copy of the judgement to the Court below at once. Ed This Case is also Reported in: 50 DLR (HCD) (1998) 82. ...... into an agreement on 8-4-93 with his brother, namely, defendant-appellant Habibur Rahman Khan under which the plaintiff was to transfer his 25% share in the company known as Habib Transport Co. Ltd. and the defendant in turn was to execute and register a sale deed in favour of the plaintiff transfe......ible. The Rule being Civil Rule No. 390 (fm) 96 is accordingly disposed of. Send a copy of the judgement to the Court below at once. Ed This Case is also Reported in: 50 DLR (HCD) (1998) 82. ......scellaneous appeal at the instance of the defendant is directed against the order dated 12-9-1996 passed by the learned Subordinate Judge, 1st Court, Barisal, in Title Suit No.65 of 1995 allowing the plaintiffs prayer for attaching, before judgment, MV Ishrat Khan, cargo Coaster No.C-678. 2. This..Category: Civil Law | Date: | Hits: 65
Syed Abdul Mannan and others Vs. Md. Mujahar Ali Mridha and others, 1997, 26 CLC (HCD)
....hereby vacated. In the facts and circumstances of the case there will be no order as to costs. Send down the LC Records at once. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 81. ...... This Case is also Reported in: 50 DLR (HCD) (1998) 81. ......hereby vacated. In the facts and circumstances of the case there will be no order as to costs. Send down the LC Records at once. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 81. ......tle Appeal No.42 of 1990 thereby setting aside the judgment and decree dated 31-3-90 passed by the learned Senior Assistant Judge, Jhalakati, in Title Suit No.203 of 1987. 2. The opposite party as plaintiff filed Title Suit No.203 of 1987 in the Court of the learned Senior Assistant Judge, Jhalak..Category: Procedural Law | Date: | Hits: 72
Jahanara Hasan and another Vs. Md. Nazrul Islam & another, 1997, 26 CLC (HCD)
....ned order. In the result, the Rule is discharged. There will be no order as to costs. Send down the lower Court records at once. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 65. ...... records at once. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 65. ......ned order. In the result, the Rule is discharged. There will be no order as to costs. Send down the lower Court records at once. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 65. ......, Dhaka in SCC Case No.24 of 1992 dismissing the suit, giving rise to the filing of this revisional application under section 25 of the Small Causes Court Act and the issuance of this Rule. 2. The plaintiff (landlord) Jahanara Hasan is the petitioner before this Court. She instituted SCC Case No...Category: Property Law | Date: | Hits: 64
Dr. Habibur Rahman MP and others Vs. Shamsun Nahar, 1997, 26 CLC (HCD)
.... the learned Assistant Judge, Sonatala, Bogra, in Civil Suit No.91 of 1996 are restored. However, there will be no order as to costs. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 62.......ts. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 62....... the learned Assistant Judge, Sonatala, Bogra, in Civil Suit No.91 of 1996 are restored. However, there will be no order as to costs. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 62.......cellaneous Appeal No.104 of 1996 reversing the judgment and order dated 12-10-96 passed by the learned Assistant Judge, Sonatala, Bogra in Other Class Suit No.91 of 1996 disallowing the prayer of the plaintiff for temporary injunction should not be set aside. 2. The opposite party as plaintiff fi..Category: Employment/Service Law | Date: | Hits: 101
GD Alesio, Livorno, Italy Vs. MV Hawai Splendour & Others, 1996, 25 CLC (HCD)
....6 shall proceed independently. Both the applications under section 34 of the Admiralty Court Act, 1861 are, accordingly, disposed of. Ed. This case is also Reported in: 49 DLR (HD) (1997) 122.......ates‑For the defendant (In Admiralty Suit No.33 of 1995). Dr. M Zahir with Md. Muniruzzaman Khan Advocates‑For the Plaintiff (In Admiralty Suit No.13 of 1996). M Hafizullah with SK Siddique and Al-Amin Sarker, Advocates‑For the Defendant Nos.1 & 2 (In Admiralty Suit No.13 of 1996). ......6 shall proceed independently. Both the applications under section 34 of the Admiralty Court Act, 1861 are, accordingly, disposed of. Ed. This case is also Reported in: 49 DLR (HD) (1997) 122....... The vessel MV Mauro D'Alesio and the vessel MV Hawai Splendour collided with each other on 8-12-95 within the territorial waters of Bangladesh. 5. The owner of the vessel Mauro D’Alesio as plaintiff filed Admiralty Suit No.33 of 1995 against the vessel MV Hawai Splendour and others as def..Category: Admiralty Law or Maritime Law | Date: | Hits: 353
Fatema Khatoon Vs. City Bank Ltd. and others, 1996, 25 CLC (HCD)
....er is set aside. Application dated 1‑11‑94 of the petitioner Fatema Khatun in allowed and she is added as a defendant in the suit. Ed. This case is also Reported in: 49 DLR (HD) (1997) 117. ......al Jurisdiction) Present: Md. Gholam Rabbani J M Bazlur Rahman Talukder J Fatema Khatoon……………………………………………………….Petitioner Vs. City Bank Ltd. and others………………………………………..Opposite parties Judgment August 25, ......er is set aside. Application dated 1‑11‑94 of the petitioner Fatema Khatun in allowed and she is added as a defendant in the suit. Ed. This case is also Reported in: 49 DLR (HD) (1997) 117. ......udge rejected the prayer for addition of party on the ground that the property was mortgaged. 6. Heard Mr. Alaluddin and Mr. MA Azim Khair, learned Advocate respectively for the petitioner and the plaintiff Bank. 7. Learned Subordinate Judge is wrong. There is no legal bar in selling a mortgag..Category: Procedural Law | Date: | Hits: 67
M R Sikder Vs. Bangladesh Water Development Board, 1996, 25 CLC (HCD)
....s application. The Rule is accordingly discharged without any order as to costs. The order of stay passed earlier is hereby vacated. Ed. This case is also Reported in: 49 DLR (HD) (1997)113. ......ner Vs. Bangladesh Water Development Board…………………………………….Opposite Party Judgment May 28, 1996. Result: The Rule is discharged. Lawyers Involved: Khandker Mahbubuddin Ahmed, Advocate-For the petitioner. Abdul Wadud Bhuiyan, Additional Attorney-G......s application. The Rule is accordingly discharged without any order as to costs. The order of stay passed earlier is hereby vacated. Ed. This case is also Reported in: 49 DLR (HD) (1997)113. ......s the purpose of the surety. We have considered the amended provision and we are of the view that this provision has been incorporated in the Act for making sure the payment in case of success of the plaintiff. The provision under Order 25, rule 1, Order 38 Rule 5 and Order 41, rule 5 prescribed cer..Category: Alternative Dispute Resolution | Date: | Hits: 245
Mahmudul Hoque and 5 others Vs. Nowab Ali Chowdhury and 18 others, 1985, 14 CLC (HCD)
....hs from the date of receipt of the lower Court record. Let the lower Court record be sent down to the Court concerned expeditiously. Ed. This case is also Reported in: 49 DLR (HD) (1997) 92 ......itiously. Ed. This case is also Reported in: 49 DLR (HD) (1997) 92 ......hs from the date of receipt of the lower Court record. Let the lower Court record be sent down to the Court concerned expeditiously. Ed. This case is also Reported in: 49 DLR (HD) (1997) 92 ......ocate‑For the Party Nos. 10, 11 and 12. Civil Revision No.5695 of 1991(Dhaka) Civil Revision No.136 of 1990 (Chittagong) Judgment Kazi Ebadul Hoque J.- This Rule at the instance of the plaintiff-petitioners is against judgment and decree dated 12-5-1990 passed by the Subordinate Judge..Category: Civil Law | Date: | Hits: 86
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