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Habibur Rahman Khan Vs. Nurul Islam Khan, 1997, 26 CLC (HCD)

....il Procedure reads as follows: “5. (1) Where, at any stage of a suit, the Court is satisfied, by affidavit or otherwise, that the defendant, with intent to obstruct or delay the execution of any decree that may be passed against him: (a) is about to dispose of the whole or any part of his pr......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. ..

Category: Civil Law | Date: | Hits: 65

Syed Abdul Mannan and others Vs. Md. Mujahar Ali Mridha and others, 1997, 26 CLC (HCD)

....Procedure and is directed against the judgment and order of remand dated 4-1-94 passed by the learned Subordinate Judge Jhalakati, in Title 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 o......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. ..

Category: Procedural Law | Date: | Hits: 72

Jahanara Hasan and another Vs. Md. Nazrul Islam & another, 1997, 26 CLC (HCD)

.... For the Petitioner. Md. Azizul Hoque, Advocate - For the Opposite Party Nos. 1-2. Civil Revision No. 4817 of 1995. Judgment M A Aziz J.- Under challenge in this Rule are the judgment and decree dated 12-10-95 passed by the learned 3rd Senior Assistant Judge and SCC Judge, Dhaka in SCC C......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. ..

Category: Property Law | Date: | Hits: 64

GD Alesio, Livorno, Italy Vs. MV Hawai Splendour & Others, 1996, 25 CLC (HCD)

.... to getting herself surveyed by any surveyor in Bangladesh. 23. Dr. Zahir submits that the MV Hawai Splendour was arrested in Admiralty Suit No.33 of 1995 and security was duly given to answer the decree if so passed against her. But in Admiralty Suit No.13 of 1996 MV Mauro D’Alesio could not h......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...

Category: Admiralty Law or Maritime Law | Date: | Hits: 353

Hakim Ullah Vs. Mutaleb and others, 1996, 25 CLC (HCD)

.... the Court is satisfied that the ends of justice require it . 17. Order 41 rule 20 of the Code provides only for addition of party where that party was a party to the suit in the Court from whose decree the appeal has been preferred, and who has not been made a party to the appeal and in a prope......cord and the appeal be heard on merit in accordance with law as if it were presented within time. There will be no order as to costs. Ed. This case is also Reported in: 49 DLR (HD) (1997) 118...

Category: Procedural Law | Date: | Hits: 70

Mahmudul Hoque and 5 others Vs. Nowab Ali Chowdhury and 18 others, 1985, 14 CLC (HCD)

....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, Chittagong in Other Appeal No.207/1978/78/78......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 ..

Category: Civil Law | Date: | Hits: 86

Abdul Jalil Khondaker & others Vs. Mohd. Mokan & others, 1988, 17 CLC (HCD)

....or the Appellants. J.N. Deb. with M.A. Matin Advocates - For the Respondents. Second Appeal No.171 of 1978. Judgment AKM Sadeque J.- This second appeal by the defendants arises out of the decree and judgment passed on 8th September, 1976 by the Subordinate Judge, 1st Additional Court, Sy......nd to the appellate Court for fresh decision in the light of observation made in the body of the judgment and in accordance with law. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 228. ..

Category: Property Law | Date: | Hits: 58

Tajidullah & others Vs. Sona Miah & others, 1986, 15 CLC (HCD)

....ts. B.K. Das with Miftahuddin Chowdhury, Advo­cates - For the Respondents. Second Appeal No. 314 of 1973. Judgment Abdul Bari Sarker J.- This appeal is directed against the judgment and decrees passed by Mr. K.M. Hossain, Additional District Judge, Second Court, Sylhet in Title Ap­pea......ill be at liberty to amend the pleadings and adduce fresh evidence, if so desire. There will be no order as lo costs of this appeal. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 223...

Category: Property Law | Date: | Hits: 66

Major (Retd.) Mohammad Afsaruddin Vs. Kamal Rahman, 1989, 18 CLC (HCD)

....5.5.79 and the defendant has no knowledge of presentation of the cheque after such a long time. The contract was can­celled by the plaintiff himself and all that he is entitled to is to have a money decree for payment of Tk. 2,50,000/-. 4. The hearing of the suit commenced on 10.4.84. Plaintiff'......the above reasons we do not find any ground to interfere. In the result, the Rule is discharged but without any order as to costs. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 190. ..

Category: Property Law | Date: | Hits: 58

Mosammat Rahima Khatun and others Vs. Emran Ali and others, 2009, 38 CLC (AD)

....Rule and dismiss­ing the suit. 2. The facts of the case, in brief, are that the petitioners instituted a suit being Title Suit No.90. of 1978, before the Court of Munsif, Nawabganj, praying for a decree for permanent injunction, on being threatened dispossession by the defendants. The defendant ......of paper book is dis­pensed with as prayed for. The order of status quo granted ear­lier shall continue till disposal of the appeal. Ed. This Case is also Reported in: VIII ADC (2011) 991. ..

Category: Property Law | Date: | Hits: 51

Ministry of Communication and others Vs. Md. Ferozur Rahman & ors, 1991, 20, CLC (HCD)

....the defendant Railway was entitled to a mandatory injunction in the instant case which was not specifically granted by the Court and therefore that appeal be also allowed by amending the judgment and decree to the extent of granting mandatory injunction by inducting the plaintiff to his original pos...... Rule No. 15 (FM) of 1991 is disposed of accordingly. In the facts and circumstances of the case, there will be no order as to costs. Ed. This case is also reported in: 45 DLR (HCD) (1993) 762. ..

Category: Civil Law | Date: | Hits: 72

Al-haj Abdul Aziz Vs. Kalipada Das & others, 1988, 17 CLC (HCD)

....as, predecessor-in-interest of the opposite parties for specific performance of a contract in respect of some landed properties situated in Barisal town. The defendant did not appear and the suit was decreed ex parte on 4.3.72. On 24.3.72 de­fendant Hara Mohan Das filed the Miscellaneous case No.23......sis of such a decision calls for no interference in revision. In the result, the Rule is discharged without any order as to costs. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 170. ..

Category: Procedural Law | Date: | Hits: 65

Ayar @ Ayaruddin and others Vs. State, 2004, 33 CLC (HCD)

....judgment and then, if there is no sufficient ground for interfering, it may dismiss it. If a convict prefers an appeal, it is not automatically admitted in the manner of an appeal preferred against a decree under section 96 of the Code of Civil Procedure. The essential difference between the dismiss......for taking necessary actions in this regard in the light of the observations made above within 7(seven) days from the date of receipt hereof. Ed. This Case is also Reported in: 56 DLR (2004) 495...

Category: Criminal Law | Date: | Hits: 73

Foez Ahmed Vs. Joynal Abedin and others, 2002, 31 CLC (HCD)

....ocate ‑ For the opposite party. Civil Revision No. 3537 of 1995 Judgment MA Wahhab Miah J. - This Rule was issued calling upon opposite party No. 1 to show cause as to why the judgment and decree dated 10‑08‑94 passed by the Subordinate Judge, 2nd Court, Laxmipur in Title Appeal No. 1......t and decree in decreeing the suit calling for interference by this Court. In the result, this Rule is discharged, No order as to costs. Ed. This Case is also Reported in: 56 DLR (2004) 477. ..

Category: Property Law | Date: | Hits: 80

Jamal Uddin Vs. Mir Kashem Bahumukhi High School and others, 2004, 33 CLC (HCD)

....‘ For the Opposite Parties. Civil Revision No. 1708 of 2000. Judgment Mir Hashmat Ali J. - This Rule was issued calling upon the opposite party No. 1 to show cause as to why the judgment and decree dated 28‑10‑1999 and 04‑11‑1999 passed by learned Subordinate Judge, 1st Court Sadar,......ot find any substance in the Rule. In the result, the Rule is discharged without any order as to costs. Send down the record at once. Ed. This Case is also Reported in: 56 DLR (2004) 474. ..

Category: Employment/Service Law | Date: | Hits: 96

MR Trading Co. Vs. Superintendent Engineer and others, 2004, 33 CLC (HCD)

.... declarations and for mandatory injunction for payment of Taka 22,000,000 within seven days. Subsequently, by an amendment of the plaint on 27‑01‑04, the suit was transformed into one for a money decree of Taka 47,000,000 for price of the works done. 3. The plaintiff made two applications, on......rict Judge is directed to hear and dispose of the suit by 27‑7‑04, positively. Send down the lower Court's record within three days. Ed. This Case is also Reported in: 56 DLR (2004) 470. ..

Category: Civil Law | Date: | Hits: 73

Chitta Ranjan Mistry and others Vs. Radheshyam Mistry and others, 2002, 31 CLC (HCD)

....For the Opposite Parties. Civil Revision No. 2608 of 1991. Judgment MA Wahhab Miah J. -This Rule was issued calling upon opposite parties Nos. 1‑3 to show cause as to why the judgment and decree dated 26‑5‑1991 passed by the Subordinate Judge, Pirojpur in Title Appeal No. 162 of 1989......ny substance in the Rule. Accordingly, this Rule is discharged without any order as to costs. The impugned judgment and decree is maintained. Ed. This Case is also Reported in: 56 DLR (2004) 468...

Category: Property Law | Date: | Hits: 65

Uttara Bank Ltd. Vs. Syed Abidur Reza and others, 2004, 33 CLC (HCD)

....Sanwar Ali, Advocate ‑ For Opposite Party No. 1. Civil Revision No. 3942 of 1991. Judgment Md. Abdur Rashid J. - The Rule was issued by a Single Bench of this Division against judgment and decree dated 22‑3‑88 passed by Subordinate Judge, Court No. 1 at Sylhet in Title Appeal No. 94 o......ed. Order of stay granted at the time of issue of the Rule on 14‑7‑88 is hereby recalled and vacated. Send down the records at once. Ed. This Case is also Reported in: 56 DLR (2004) 461. ..

Category: Employment/Service Law | Date: | Hits: 174

Bangladesh Electrical Indus­tries Limited and another Vs. Sena Kalyan Sangstha and others, 1992, 21 CLC (HCD)

....nterim order was passed, the matter was heard expeditiously by this Court. It appears from a copy of the plaint that the plaintiffs have instituted the suit for the following reliefs: a) To pass a decree declaring that the notice dated 3.9.92 for the Board meeting held on 7.3.92 is wholly illegal......urt, however, is directed to dispose of the concerned suit expeditiously. Communicate this order to the concerned Court immediately. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 749...

Category: Company Law | Date: | Hits: 181

CQM Md. Ayub Ali Vs. Bangladesh, represented by the Secretary, Minis­try of Works & others, 1993, 22 CLC (HCD)

....operty is an abandoned property and claiming the possession thereof. On transfer of the Suit to the additional Court of Munsif, it was re‑numbered as Title Suit No.14 of 1986 and the learned Munsif decreed the suit for specific performance of contract ex parte against the original owner by the jud......' list of Gazette notification as the abandoned property. In the result, the Rule is discharged but without any order as to costs. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 746. ..

Category: Property Law | Date: | Hits: 81