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Md. Hossain Ahmed Vs. Bangladesh House Building Finance Corporation and another, 2011, 40 CLC (AD)

....ng thereon as fully described in the schedule to the applica­tion. The miscellaneous case was allowed ex-parte on 06.06.1992 in preliminary form directing the judgment-debtor-peti­tioner to pay the decreetal amount within 3 (three) months, in default, to realize the decreetal amount by selling the......tance in the submissions of Mr. Quamrul Islam Siddique, so in the leave petition. Accordingly, the leave petition is dis­missed. Ed. This Case is also Reported in: VIII ADC (2011) 721. ..

Category: Civil Law | Date: | Hits: 108

Kibria and Associates Ltd. Vs. Bangladesh Agricultural Development Corporation, 1992, 21 CLC (HCD)

.... to the arbitrator for his decision. In our opinion, the arbitrator had jurisdiction, in the present case, to grant interest on the amount of the award from the date of the award till the date of the decree granted by Mallick, J. The reason is that it is an implied term of the reference that the arb......ters at rest arising out of the situation like the present one. In the result, we allow this appeal without any order as to costs. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 712. ..

Category: Alternative Dispute Resolution | Date: | Hits: 156

Abdus Salam (Md) Vs. University of Rajshahi & others, 2004, 33 CLC (HCD)

....etitioner that he had been relieved of all his duties and functions concerning all examination in the Department of the Library and Information Science, till completion of investigation and the final decree taken thereon. Thereafter, in pursuance to a resolution taken in an extraordinary meeting of ......erty to proceed against the petitioner in accordance with law. In the result, this Rule is made absolute but without any order as to costs. Ed. This Case is also Reported in: 56 DLR (2004) 441. ..

Category: Employment/Service Law | Date: | Hits: 60

Commander (Rtd) A A Chowdhury Vs. AKM Imam Hossain and others, 1996, 25 CLC (HCD)

....rty. Civil Revision No. 3446 of 1994. Judgment Sirajul Islam J.-This Rule section 115 of the Code of Civil Procedure, at the instance of defendant No.2 was directed against the judgment and decree dated 13-6-1994 and 29-6-1994 respectively passed by Addl. Dist. Judge, 2nd Court, Dhaka in t...... reference by this Court. In the result, the Rule is discharged with costs. The stay granted earlier by this Court is hereby vacated. Ed. This Case is also Reported in: 49 DLR (HD) (1997) 23 ..

Category: Property Law | Date: | Hits: 65

Government of Bangladesh and others Vs. Mohammad Alamgir Hossain and others, 2011, 40 CLC (AD)

....e in the name of Agricultural Directorate and, therefore, the suit is not maintainable. 4. The trial Court on consideration of the evidence on record by judgment and order dated 30th October, 2003 decreed the suit. On appeal, the High Court Division by its judgment and order dated 9th April, 2009...... the respondents are also directed to file concise statements by 3rd April, 2011. The appeals are fixed for hearing on 25th April, 2011. Ed. This Case is also Reported in: VIII ADC (2011) 702. ..

Category: Property Law | Date: | Hits: 57

Md. Saidur Rahman Vs. Farid Uddin Mahmud and others, 2011, 40 CLC (AD)

....cle 31 of the Constitution to sell the property at the prevailing market price had been violated. 2. Facts out of which the above appeal arise arc narrated as under. The respondent No.3 obtained a decree against the peti­tioner and others in Artha Rin Suit No.66 of 1996 for Tk. 53,15,235.76. As ......he has appreciated that the impugned judgment is a well reasoned one. We find no merit in this petition, which is accordingly dismissed. Ed. This Case is also Reported in: VIII ADC (2011) 698...

Category: Property Law | Date: | Hits: 81

Md. Shajahan and others Vs. The Secretary, represented by the Ministry of Law, Justice and Parliamentary Affairs and others, 2011, 40 CLC (AD)

....13,48,765.00 initially against M/S. Shahjahan Store, represented by its propri­etor Md. Shahjahan and Jahangir, sons of late Jahed and Rashida Akhter, wife of Abdul Malek. On 05.08.2004 the suit was decreed ex-parte in preliminary form. As the judgment-debtors did not pay the decreetal amount to th......lant shall submit the concise statements by 12th April, 2011 and 1(one) week thereafter the respondent will file the concise statements. Ed. This Case is also Reported in: VIII ADC (2011) 685. ..

Category: Property Law | Date: | Hits: 48

Government of Bangladesh and another Vs. Monwarul Alam and others, 2011, 40 CLC (AD)

....the defendant on 29.10.1984 and he has been in possession thereof as lessee. 8. On conclusion of hearing of the suit, the learned Assistant Judge, Additional Court No.3, Khulna by his judgment and decree dated 12.11,1991 dismissed the suit. Against the judgment and decree passed by the learned As......rder dated the 2nd March, 2010 passed by the High Court Division in Civil Revision No.1737 of 1996 is stayed till disposal of the appeal. Ed. This Case is also Reported in: VIII ADC (2011) 679. ..

Category: Property Law | Date: | Hits: 54

Md. Shamsul Hoque Vs. Md. Jabbar and another, 2011, 40 CLC (AD)

....en directed against the judgment and order dated 5.10.2010 passed by a Division Bench of the High Court Division in Civil Revision No.2294 of 2009 discharging the Rule arising out of the judgment and decree dated 21.5.2009 passed by the Additional District Judge, Nilphamary in Other Class Appeal No.......epare the paper book out of court in accordance with Rules. The order of stay granted earlier be extended till disposal of the appeal. Ed. This Case is also Reported in: VIII ADC (2011) 673. ..

Category: Property Law | Date: | Hits: 76

Shaki Md. Shoaib and others Vs. Md. Kashem Ali Bhuiyan and others, 2011, 40 CLC (AD)

.... by the High Court Division, in First Appeal No.278 of 2003). Judgment Md. Abdul Wahhab Miah J. - In this peti­tion for leave to appeal the petitioners have called in question the judgment and decree dated the 19th day of July, 2009 passed by the High Court Division in First Appeal No.278 of ...... Court Division which shows that he has accepted the decree passed by the High Court Division. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: VIII ADC (2011) 668. ..

Category: Property Law | Date: | Hits: 72

A. Rahman Lasker and other Vs. Abul Kalam and other, 2011, 40 CLC (HCD)

....the case for disposal of the rule is that the petitioner as plaintiff filed title suit no. 30 of 1995 in the Court of learned Senior Assistant Judge, Sadar Faridpur against the defendants praying for decree of declaration of title. Further case of the plaintiff as disclosed that the suit land origin...... granted at the time of issuance of Rule is hereby vacated. Send down a copy of this order to the Court below at-once for information and necessary action. Ed. This Case is also Reported in: ..

Category: Administrative Law | Date: | Hits: 199

Rupali Jute Baling Ltd. Vs. Agrani Bank, 1991, 20 CLC (HCD)

....matter before the High Court Division and hence not in a position to appear but the court rejected the petition and closed the evidence and passed the judgment on 14.2.89 which is on the next day and decreed the suit. Against the judgment and decree the defendants filed a review petition under Order......result, this rule in discharged without any order as to cost. The appeal being FAT No.567/1989 is dismissed being barred by limitation. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 232...

Category: Procedural Law | Date: | Hits: 111

Agrani Bank Limited Vs. M/S. Kalipada Saha & Brothers and others, 2011, 40 CLC (AD)

....he account of loan sanctioned on 13.12.1994, the bank was not entitled to get the amount claimed from the respon­dents as prayed for. 4. The trial Court on consideration of the evidence on record decreed the suit in-part, that is, allowed the claim of the plaintiff to the tune of TK. 4,13,899.00......of fact arrived at by the appellate Court, consequently, we find no merit in the leave petition. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: VIII ADC (2011) 637...

Category: Civil Law | Date: | Hits: 55

Aminul Islam Vs. S. M. Habib alias Dulal and others, 2011, 40 CLC (AD)

....structed by Zainul Abedin, Advocate-on-Record-For Respondent Nos. 3-5. Not rep­resented-Respondent Nos.1, 2, 6-10. Civil Petition for Leave to Appeal No.1858 of 2010. (From the judgment and decree dated 19.01.2010 passed by the High Court Division in First Appeal No.104 of 1991.) Order ......book is dispensed with as prayed for Parties arc directed to maintain sta­tus quo as regards the possession till disposal of the appeal. Ed. This Case is also Reported in: VIII ADC (2011) 631. ..

Category: Property Law | Date: | Hits: 51

Narayan Chandra Banerjee alias Bandapadhya Vs. Md. Salek Ali Shaik, 1991, 20 CLC (HCD)

....n application filed under section 115 of the Code of Civil Procedure by the defendant No.1 Petitioner, this Rule was issued calling upon 60 opposite parties to show cause as to why the judgment & decree dated 20th March, 1982 passed by the Subordinate Judge, 2nd Court, Dhaka reversing the decisi...... aside and the decree of the trial Court is hereby restored. There will, however, be no order as to cost at this revisional stage. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 202. ..

Category: Civil Law | Date: | Hits: 76

Sadharan Bima Corporation Vs. M V Birba and others, 1991, 20 CLC (HCD)

.... the value of these alleged short‑delivered goods was assessed and nowhere any assessment was made as regards the quantum of damage for long delay in discharging the goods. No prayer was made for a decree for any compensation for any alleged damage. 10. Mr. Yusuf submits that the claim of the p......cessary correction in clause (1) of rule 3 of Order XLIX of the Code of Civil Procedure by inserting clause (b) instead of clause (d). Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 171...

Category: Admiralty Law or Maritime Law | Date: | Hits: 315

Yunus Kha and others Vs. Abdul Momin and others, 2011, 40 CLC (AD)

.... is directed against the judgment and order dated 19.05.2009 passed by a Single Bench of the High Court Division in Civil Revision No. 1423 of 1999 discharging the Rule and affirming the judgment and decree dated 12.11.1998 passed in Title Appeal No.94 of 1995 by the learned Subordinate Judge, Secon......ation of materials on record do not call for inter­ference. Accordingly the civil petition for leave to appeal is dismissed summarily. Ed. This Case is also Reported in: VIII ADC (2011) 613. ..

Category: Property Law | Date: | Hits: 73

Md. Bande Ali Miah Vs. Chief Engineer, Housing and Settlement, 2011, 40 CLC (AD)

....t a 120 feet wide road has been constructed on the suit land and the plaintiffs are not residing in the suit land. 5. The trial court, on consideration of the evidence adduced by both the parties, decreed the suit holding that since before completion of the process of acquisition the plaintiff pu......leave to appeal, therefore, does not merit any consideration. In the circumstances this civil petition for leave to appeal be dismissed. Ed. This Case is also Reported in: VIII ADC (2011) 604...

Category: Property Law | Date: | Hits: 65

Md. Moktad Hossen Majumdar Vs. Md. Golam Mostafa Majumdar, 2011, 40 CLC (AD)

....in Chowdhury, Advocate-on-Record-For the Petitioner. Chowdhury Md. Zahangir, Advocate-on-Record-For the Respondent. Civil Petition for Leave to Appeal No. 643 of 2009. (From the judgment and decree dated 30.11.2008 passed by the High Court Division in Civil Revision No.1047 of 2007.) Jud....... This civil petition for leave to appeal has got no merit. In the circumstances this civil petition for leave to appeal is dismissed. Ed. This Case is also Reported in: VIII ADC (2011) 596. ..

Category: Property Law | Date: | Hits: 74

Mosammat Moslema Khatoon Vs. Most. Rasheda Khatoon and others, 2011, 40 CLC (AD)

..... The present plaintiff-petitioner along with some others instituted the Other Class Suit No. 43 of 1989 in the Court of Assistant Judge, Chirirbandar, Dinajpur for a declaration that the preliminary decree as well as the final decree passed in Partition Suit No. 194 of 1984 are illegal, ineffective......f both the Courts below and rightly dismissed the suit. Evidently, there is no merit in this leave petition and hence it is dismissed. Ed. This Case is also Reported in: VIII ADC (2011) 583. ..

Category: Property Law | Date: | Hits: 80