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Abdul Khaleque Miah Vs. Sheikh Amin Uddin, 2011, 40 CLC (HCD)

....ite party No.1. Civil Revision No. 5858 of 1991. Judgment Md. Ruhul Quddus J. - This Rule, at the instance of an added defendant-appellant was issued to examine the legality of judgment and decree dated 5.12.1983 (decree signed on 8.12.1983) passed by the District Judge, Khulna in Title Ap......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:   ..

Category: Property Law | Date: | Hits: 99

AKM Waliullah and others Vs. Secretary, Ministry of Housing and Public Works and others, 2011, 40 CLC (HCD)

....pondents. 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 Judge, Second Court, Dhaka rejecting the plaint ....... 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: ..

Category: Property Law | Date: | Hits: 78

Fazler Rahman Talukder Vs. Md. Mohsen Ali Talukder and another, 1982, 11 CLC (AD)

.... Judgment and order dated June 3, 1980 passed by the High Court Division in Second Appeal No. 1245 of 1962) Judgment Ruhul Islam J. — This appeal by special leave arises from the judgment and decree of the High Court Division in Second Appeal No. 1245 of 1962 affirming those of the Subordina......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...

Category: Property Law | Date: | Hits: 58

Most. Anwara Khatun Vs. Md. Ensab Ali Akand, 2012, 41 CLC (AD)

....inst the judgement and order dated 14.12.2009 passed by a Single Bench of the High Court Division in Civil Revision No.651 of 2006 making the Rule absolute and thereby setting aside the judgement and decree dated 10.08.2005 passed by the Joint District Judge, 2nd Court, Sirajganj in Other Class Appe......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: ..

Category: Property Law | Date: | Hits: 66

Government of Bangladesh and others Vs. Abdul Motaleb & others, 2011, 40 CLC (HCD)

....udgment and order dated 23-7-2002 passed by a Single Bench of the High Court Division in Civil Revision Nos.3863, 4612 and 4613 of 1998 making all the Rules absolute by setting aside the judgment and decree dated 4-6-1998 passed by the learned Additional District Judge, Patuakhali in Title Appeal No...... 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. ..

Category: Property Law | Date: | Hits: 67

Ramjan Ali Mistry Vs. Md. Hedayelullah, 1978, 7 CLC (AD)

....nt Ordinance, wherein it has been held that the point of default that is to be decided by the Court, is whether the tenant has paid rents allowable under the Act to the full extent at the time of the decree or order for ejectment is made and not an earlier date. Reference is to be made to the cases ......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...

Category: Property Law | Date: | Hits: 87

Sonali Bank Vs. Mozaffor Hossain, 1997, 26 CLC (HCD)

....ant opposite party had sufficient cause for non-appearance when the suit was called on for hearing and whether the impugned judgment and order of restoration of the suit on setting aside the ex parte decree was well-founded on law within the meaning of Order 9 rule 13 of the Code of Civil Procedure.......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. ..

Category: Procedural Law | Date: | Hits: 80

Harunar Rashid (Md.) Vs. Subordinate Judge, (Artha Rin Adalat) Bogra and others, 1997, 26 CLC (HCD)

....qur Rahman, Advocate - For the Respondent No.2 Writ Petition No.230 of 1993. Judgment Qazi Shafiuddin J.- A Rule Nisi was issued upon the respondents to show cause as to why the judgment and decree passed by the respondent No.1 in Artha Rin Adalat Suit No.248 of 1991 on 16-7-92 should not b......92 (Annexure to the petition) is hereby declared to have been passed or made without any lawful authority and to be of no legal affect. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 170...

Category: Civil Law | Date: | Hits: 71

Abdur Rahim Vs. Arifur Rahman and others, 1997, 26 CLC (HCD)

....s - For the Petitioner. MA Jalil with Mostafa Kamal Pasha, Advocates - For the Opposite Parties. Civil Revision No.1515 of 1995. Judgment Gour Gopal Saha J.- In this Rule the judgment and decree dated 16-1-95 (decree signed on 21-1-95) passed by the learned Additional District Judge, Chi......impugned judgment to call for any interference by this Court exercising revisional power. Send down the lower Court records at once. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 166...

Category: Procedural Law | Date: | Hits: 68

Ihteshamur Rahman Vs. Masuda Khatun and others, 1998, 27 CLC (HCD)

....uired and Hafizuddin took possession over the same. Hafizuddin thereafter filed Title Suit No.40 of 1958 in the Court of Subordinate Judge, Dhaka for specific performance of a contract and obtained a decree therein, following which a sale deed was executed and registered. It was also contended that ......tively within 3(three) months from the d of receipt of this order. The order of stay earlier granted by this Court is hereby vacated. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 159. ..

Category: Property Law | Date: | Hits: 66

Amena Khatun and others Vs. Md. Afsaruddin being dead his heirs 1(ka) Maleka Khatun and others, 1997, 26 CLC (HCD)

....zaul Karim, Advocate - For the Opposite Party. Civil Revision No.2335 of 1992. Judgment Md. Nurul Islam J.- This application by the defendant petitioners is directed against the judgment and decree dated 16-7-92 passed by the learned Additional District Judge, 1st Court, Dhaka in TA No.185 ......down the lower Court records immediately. Cost assessed by the lower Court in respect of the share of the suit land is maintained. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 156. ..

Category: Property Law | Date: | Hits: 63

Bainchitala Islamia Junior Madrasha Vs. Md. Abdur Rashid & others, 1997, 26 CLC (HCD)

....ourt and renumbered as Title Suit No.16 of 1981. In that suit one Badaruddin was made defendant No.7 and the summons of the suit was served on the defendants in due course and thereafter the suit was decreed ex parte by the Judgment and decree dated 20-11-82. After passing of the aforesaid ex parte ......henidah in Miscellaneous Appeal No.54 of 1995 is set aside and the application dated 22-2-95 filed by the opposite parties is rejected. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 153...

Category: Property Law | Date: | Hits: 55

Abul Kashem Vs. AKM Golam Mostafa and others, 2009, 38 CLC (HCD)

....ase, the specific findings of the trial Court have not been reversed by the lower appellate Court exercising its power under Order XLI, rule 31of the Code. Accordingly, the trial Court's Judgment and decree are restored.'' 19. Moreover, the impugned Judgment and order of the Court of appeal below......ated. Office is directed to send down the records of this case at once with a copy of Judgment for information and necessary action. Ed This Case is also Reported in: 62 DLR (HCD) (2010) 44. ..

Category: Administrative Law | Date: | Hits: 230

Shefali Bala Vs. Khalipur Pukurpara Registered Non-Government Primary School Managing Committee and others, 2009, 38 CLC (HCD)

....of 2002. Judgment Md. Azizul Haque J.- This Rule was issued under section 115 of the Code of Civil Procedure calling upon the opposite party Nos.1 and 2 to show cause as to why the Judgment and decree dated 21-11-01 passed by the Joint District Judge in Other Appeal No.60 of 2001 reversing tho...... the plaintiff's dismissal shall be treated to be special leave without pay and other benefits. Send down the LC records accordingly. Ed. This Case is also Reported in: 62 DLR (HCD) (2010) 41...

Category: Employment/Service Law | Date: | Hits: 118

Al Baraka Bank Bangladesh Ltd. Vs. Rina Alam and another, 2004, 33 CLC (HCD)

....ssain Khan and Ziaul Haque ‑ For the Respondents. Appeal From Original Decree No. 96 of 2002. Judgment Md. Abdur Rashid J. - Defendant No. 1 Al Baraka Bank presented the appeal against the decree dated 26‑11‑2001 passed by the Joint District Judge and First Commercial Court at Dhaka i......ffirmed. The bank is directed to return the schedule document within seven days of receipt of this judgment. Send down the LCR at once. Ed. This Case is also Reported in: 56 DLR (2004) 588...

Category: Civil Law | Date: | Hits: 109

Abdur Rashid Chowdhury Vs. Additional District Judge and others, 2003, 32 CLC (HCD)

.... 3, Mahmudur Rahman. 2. On 25‑4‑2000, the petitioner as plaintiff presented a plaint before the Bankruptcy Court at Motijheel in Dhaka, briefly the Court, against respondent Nos. 2 and 3 for a decree, amongst others, for declaring said respondent Nos. 2 and 3 bankrupt for nonpayment of a matu......by directed to proceed with the suit by issue of the summons/notice however, in accordance with law, expeditiously. Communicate at once. Ed. This Case is also Reported in: 56 DLR (2004) 573. ..

Category: Others | Date: | Hits: 185

Shahid Hamid and another Vs. Nilufar Momtaz and anothe, 2011, 40 CLC (AD)

.... April, 2008 passed by the High Court Division in First Appeal No.154 of 2006). Judgment Syed Mahmud Hossain J. - This appeal by leave by the defendant-appellants arises out of the judgment and decree dated 23-4-2008 passed by a Division Bench of the High Court Division in First Appeal No.154 ......erference. Therefore, we do not find any substance in this appeal. Accordingly, the appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: 17 BLC (AD) (2012) 34. ..

Category: Property Law | Date: | Hits: 81

Sabdul Ali (Md.) Vs. Md. Mabed Ali Sarker, 1997, 26 CLC (HCD)

....Sarker who is opposite party in this Rule and others instituted OC Suit No.66 of 1993 in the Court of Senior Assistant Judge, Sadar, Mymensingh, against the petitioner Md. Sabdul Ali and others for a decree of permanent injunction in respect of certain lands appertaining to CS khatian Nos. 241, 80 a...... Proceedings of the Non-GR Case No.157 of 1995 pending in the Court of the Magistrate, 1st Class, Zone Mymensingh, is hereby quashed. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 146. ..

Category: Property Law | Date: | Hits: 75

NFM Universeum Estate Ltd. Vs. ANM Obaidul Islam and others, 2004, 33 CLC (HCD)

....ith Imam Hossain ‑ For Respondent. First Appeal No. 68 of 2002 with Civil Rule No. 282 (F) of 2002. Judgment Md. Abdur Rashid J. - Defendant No. 14 presented the appeal against the decree dated 22‑11-­01 passed by the Fifth Court of Joint District Judge at Dhaka in Title Suit N......rocedure for using said deed in the suit knowing it to be forged and fraudulent for criminal prosecution. Send down the records at once. Ed. This Case is also Reported in: 56 DLR (2004) 563. ..

Category: Property Law | Date: | Hits: 85

Sonali Bank Vs. Mahbubul Amin & others, 1989, 18 CLC (HCD)

....or has challenged order Nos.9 and 10 dated 3.6.87 and 17.6.87 respectively passed by the Subordinate Judge and Commercial Court No.1, Dhaka in Money Execution Case No.791 of 1986. 2. The plaintiff/decree-holder filed a Money Suit against the defendant Bank and others for recov­ery of an amount o......Execution Case No.791 of 1986 is vacated. The Execution Case will proceed in accordance with law. The records be sent down at once. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 298. ..

Category: Procedural Law | Date: | Hits: 74