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Janab Ali & others Vs. Arju Miah & Others, 1991, 20 CLC (HCD)
....ithout any order as to costs. The learned Assistant Judge will proceed with the main suit for permanent injunction according to law. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 656.......ers…………………Opposite Parties. Judgment August 21, 1991. Result: The Rule is made absolute. Case Referred to- Commissioner for the Port of Calcutta Vs. Suraj Mull Jalan and others, 1928 AIR Calcutta at 464. Lawyers Involved: Azizur Rahman Chowdhury, Advocate ‑ ......ithout any order as to costs. The learned Assistant Judge will proceed with the main suit for permanent injunction according to law. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 656.......firming those dated 24.12.85 passed by Assistant Judge, Lakhai, in Tide Suit No.19 of 1984 under Order 39 rule 1 of the Code of Civil Procedure, should not be set aside. 2. The opposite parties as plaintiffs instituted the above suit for permanent injunction impleading the petitioners and others ..Category: Property Law | Date: | Hits: 61
Ezahar Ali Mondol and others Vs. Golam Rasul and others, 1991, 20 CLC (HCD)
....ose of the learned Assistant Judge are affirmed. Considering the facts and circumstances of the case there will be no order as to cost. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 653.......ost. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 653.......ose of the learned Assistant Judge are affirmed. Considering the facts and circumstances of the case there will be no order as to cost. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 653....... Judge, Khulna, setting aside the order dated 28.10.90 passed by the learned Assistant Judge, Koyra Upazila, in Title Suit No.274 of 1990 should not be set aside. 2. Opposite parties No.1 and 2 as plaintiffs instituted Title Suit No.274 of 1990 in the Court of the 1st Additional Assistant Judge, ..Category: Civil Law | Date: | Hits: 99
Agrani Bank Vs. Artha Rin Adalat and others, 2003, 32 CLC (HCD)
....our considered view is that the Writ Petition against the impugned order is not maintainable. The writ petition is thus summarily rejected. Ed. This Case is also Reported in: 55 DLR (2003) 389. ......me Court High Court Division (Special Original Jurisdiction) Present: Md. Awlad Ali J Mir Hashmat Ali J Agrani Bank………………………Petitioner Vs. Artha Rin Adalat and others…………..Respondents Judgment March 19, 2003. Result: The writ petition ......our considered view is that the Writ Petition against the impugned order is not maintainable. The writ petition is thus summarily rejected. Ed. This Case is also Reported in: 55 DLR (2003) 389. ......he provision of the Ain we do not find any provision therein which is contrary to the provision of Order IX rule 9 of the Code. Unless the order of disposal for default is allowed to be set aside the plaintiff bank would suffer loss and the borrower would be benefited. It is not the intention of the..Category: Administrative Law | Date: | Hits: 200
Bangladesh Sugar and Food Industries Corporation Vs. Md. Kashem and others, 2002, 31 CLC (HCD)
....0‑3‑1995 passed by the Subordinate Judge, 3rd Court, Dhaka, in Title Suit No. 144 of 1975 are hereby set aside and the suit be dismissed. Ed. This Case is also Reported in: 55 DLR (2003) 350.......it be dismissed. Ed. This Case is also Reported in: 55 DLR (2003) 350.......0‑3‑1995 passed by the Subordinate Judge, 3rd Court, Dhaka, in Title Suit No. 144 of 1975 are hereby set aside and the suit be dismissed. Ed. This Case is also Reported in: 55 DLR (2003) 350.......illegal, void, malafide and of no legal effect, for permanent injunction restraining the defendants from interfering with his peaceful possession in the suit land and for further declaration that the plaintiff with his structures in the suit land was entitled to continue with his leasehold right on..Category: Property Law | Date: | Hits: 122
Chairman, National Housing Authority Vs. M/s. MR. Trading Co. and others, 2011, 40 CLC (AD)
....he plaintiff. The appeal is, therefore, allowed withÂout any order as to costs. The judgment of the High Court Division is set aside. Ed. This Case is also Reported in: VIII ADC (2011) 544. ......l Wahhab Miah J Nazmun Ara Sultana J Syed Mahmud Hossain J Muhammad Imman Ali J Chairman, National Housing Authority ............................Appellant Vs. M/s. MR. Trading Co. and others ....................................Respondents Judgment June 2, 2011. Result: ......he plaintiff. The appeal is, therefore, allowed withÂout any order as to costs. The judgment of the High Court Division is set aside. Ed. This Case is also Reported in: VIII ADC (2011) 544. ......rt Division in First Appeal No.276 of 2004. 2. Respondent No.1 instituted the suit seekÂing declaration, mandatory injunction and recovery of Tk. 29,64,51,760/-. According to the plaint case, the plaintiff being the lowest bidder was given work orders for development of certain area earmarked as..Category: Civil Law | Date: | Hits: 73
Lal Mamud and others Vs. Siraj Miah and others, 1991, 20 CLC (HCD)
....s are discharged. No order as to costs. The trial Court is directed to proceed with the suit in accordance with law expeditiously. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 638. ......itiously. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 638. ......s are discharged. No order as to costs. The trial Court is directed to proceed with the suit in accordance with law expeditiously. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 638. ......Advocate ‑ For the Opposite Party. Civil Revision No.383 of 1985 with Civil Revision No.605 of 1985. Judgment AM Mahmudur Rahman J.- Civil Revision No.605 of 1985 is at the instance of the plaintiff‑petitioner while Civil Revision No.383 of 1985 at the instance of defendant No.88 petiti..Category: Property Law | Date: | Hits: 79
Globe Bruges Ltd. Vs. Arab Bangladesh Bank Ltd. And others, 2011, 40 CLC (AD)
....e appeal on assigning proper reasons. We, therefore, find no reason to interfere with the same. The petition is accordingly dismissed. Ed. This Case is also Reported in: VIII ADC (2011) 483. ......structed by Zohirul Islam, Advocate-on-Record-For Respondent No.7. Not Represented-For Respondent Nos. 3-6 & 8-10. Civil Petition for Leave to Appeal No. 548 of 2010. (From the judgment and order dated 7.1.2010 passed by the High Court Division in Firs! Appeal No.78 of 2007.) Judgme......e appeal on assigning proper reasons. We, therefore, find no reason to interfere with the same. The petition is accordingly dismissed. Ed. This Case is also Reported in: VIII ADC (2011) 483. ......osal of this petition are that the petitioner instiÂtuted Title Suit No. 38 of 2005 in the 3rd Court of Joint District Judge, Dhaka for Specific Performance of contract stating, inter alia, that the plaintiff company is a sister concern of Globe Pharmaceuticals Group of Companies. The defendant No...Category: Civil Law | Date: | Hits: 93
Bashaboo Girls High School Vs. Sharafunnessa and others, 2011, 40 CLC (AD)
....le". Security of Tk. 1000/- is to be depositÂed within 1 (one) month. Preparation of paper book, is dispensed with, as prayed for. Ed. This Case is also Reported in: VIII ADC (2011) 498. ......Wahhab Miah J Bashaboo Girls High School, Madhay Bashaboo, Police Station- Sabujbagh, Dhaka represented by its Head Master-Cum-Secretary……………………..Petitioner Vs. Sharafunnessa and others …………....................................Respondents Order May 9, 2011. ......le". Security of Tk. 1000/- is to be depositÂed within 1 (one) month. Preparation of paper book, is dispensed with, as prayed for. Ed. This Case is also Reported in: VIII ADC (2011) 498. ...... arrange alternative land in the same quantum for the opposite parties and till such arrangement is made to allow the opposite parties to remain in the suit plot. 2. The respondents hereof as the plaintiffs filed Title Suit No.199 of 1997 in the Court of Assistant Judge, 2nd Additional Court, Dh..Category: Property Law | Date: | Hits: 70
....ring the plaintiffs' title in the suit land."
Petitioner is permitted to prepare the paper book out of Court in accordance with rules.
Ed.
This Case is also Reported in: VIII ADC (2011) 479.
......s Republic of Bangladesh, repreÂsented by the Deputy Commissioner, Satkhira ...............................Petitioners
Vs.
Abdul Matin Sarder being dead his legal heirs: 1(Ka) S.M. Yahia Iqbal and othÂers ....................................Respondents
Order
January 27, 2011.
Result......ring the plaintiffs' title in the suit land."
Petitioner is permitted to prepare the paper book out of Court in accordance with rules.
Ed.
This Case is also Reported in: VIII ADC (2011) 479.
......81 in the Court of the Subordinate Judge, Satkhira against the petitioner and 11 others for declaration of title to the suit land and confirmation of possession therein alleging, inter alia, that the plaintiffs acquired title to the suit land on the basis of settlement from the landlord Narendra Nat..
Category: Property Law | Date: | Hits: 76
Md. Abdul Based Sheikh and others Vs. Md. Jinder Ali Khan and others, 2011, 40 CLC (AD)
....d to be time barred. In the premises, we do not find any subÂstance in the leave petition. Accordingly, the petition is dismissed. End. This Case is also Reported in: VIII ADC (2011) 515.......his Case is also Reported in: VIII ADC (2011) 515.......d to be time barred. In the premises, we do not find any subÂstance in the leave petition. Accordingly, the petition is dismissed. End. This Case is also Reported in: VIII ADC (2011) 515.......contesting parties allowed the appeal setting the judgment and order passed by the Court below and further remanded back the case for fresh adjudication. 6. Against the said judgment and order the plaintiffs moved the High Court Division in Civil Revision No.2084 of 2004 whereÂupon the Rule was ..Category: Procedural Law | Date: | Hits: 66
Ali Amzad Khan Vs. Md. Titam Khan and others, 2011, 40 CLC (AD)
....000/- is to be deposited within 1 (one) month. Petitioner is permitted to prepare the paper book out of Court in accordance with rule. Ed. This Case is also Reported in: VIII ADC (2011) 495. ...... Present: ABM Khairul Haque CJ Md. Muzammel Hossain J Surendra Kumar Sinha J Ali Amzad Khan…………………………………………………Petitioner Vs. Md. Titam Khan and others ................................Respondents Order January 6, 2011. Result: Le......000/- is to be deposited within 1 (one) month. Petitioner is permitted to prepare the paper book out of Court in accordance with rule. Ed. This Case is also Reported in: VIII ADC (2011) 495. ...... (From the judgment and decree dated 4.11.2008 passed by the High Court Division in Civil Revision No.2078 of 2002.) Order Surendra Kumar Sinha J. - This leave petition at the instance of the plaintiff is directed against the judgment and order dated 4th November, 2008 of a Single Bench of t..Category: Property Law | Date: | Hits: 87
Rupesh Ranan Dey and another Vs. Md. Abdur Razaque and others, 2010, 39 CLC (AD)
.... above, we find no subÂstance in the submissions of the learned Counsel for the petitioners. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: VIII ADC (2011) 512. ......reme Court Appellate Division (Civil) Present: Mohammad Fazlul Karim CJ Md. Abdul Matin J ABM Khairul Haque J Md. Muzammel Hossain J Surendra Kumar Sinha J Rupesh Ranan Dey and another…………….....Petitioners Vs. Md. Abdur Razaque and others…………............. above, we find no subÂstance in the submissions of the learned Counsel for the petitioners. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: VIII ADC (2011) 512. ...... the suit lands. There was an amicable partition of the lands and as per such partition, except item No.1 of the first schedule. Tara Moni Dey and Upendra Kumar Dey entered into an agreement with the plaintiff on 2nd December, 1963 for sale of the suit land at a consideration TK.32,000.00 and promis..Category: Property Law | Date: | Hits: 50
Superintendent Musrat Dhulia Dakhil Madrasha Vs. Md. Rafiqul Islam and another, 2011, 40 CLC (AD)
....ent and order passed by the High Court Division dated 23.11.2008 in Civil Revision No. 588 of 2002 be stayed till disposal of the appeal. Ed. This Case is also Reported in: VIII ADC (2011) 488. ......srat Dhulia Dakhil Madrasha, Sayedpur Police Station Sayedpur, District- Nilphamari……………………………………………………………………Petitioner Vs. Md. Rafiqul Islam and another ................................Respondents Order April 28, 2011. Result: Le......ent and order passed by the High Court Division dated 23.11.2008 in Civil Revision No. 588 of 2002 be stayed till disposal of the appeal. Ed. This Case is also Reported in: VIII ADC (2011) 488. ......ilphamari, and upholding the judgÂment and decree dated 19.02.2001 passed in Other Class Suit No.34 of 1998 by the Senior Assistant Judge, Sayedpur, Nilphamari, decreeing the suit declaring that the plaintiffs dismissal order passed by the defendant No.2 communicated vide Memo No. 98/5/(7)/(1) date..Category: Employment/Service Law | Date: | Hits: 55
Continental Traders (BD) Ltd. Vs. Co. and GE Sea Services Ltd & others, 2011, 40 CLC (HCD)
....earing of the appeal. The parties are at liberty to mention the appeal for expeditiously hearing as and when the appeal is ready. Ed. This Case is also Reported in: VIII ADC (2011) 505. ...... Appellate Division (Civil) Present: Shah Abu Nayeem Mominur Rahman J Md. Abdul Wahhab Miah J Continental Traders (BD) Ltd..................................Petitioner Vs. Co. and GE Sea Services Ltd & others .....................Respondents Order May 8, 2011. Re......earing of the appeal. The parties are at liberty to mention the appeal for expeditiously hearing as and when the appeal is ready. Ed. This Case is also Reported in: VIII ADC (2011) 505. ......ting the application for dismissing the suit being not maintainable since the cause of action as stated in the plaint does not attract the admiralty jurisdiction. 2. The respondents hereof are the plaintiffs and the petitioner hereof is the defendant No.1 in the Admiralty Suit. 3. The res..Category: Admiralty Law or Maritime Law | Date: | Hits: 338
Matiur Rahman and others Vs. Md. Nowab Ali and others, 2011, 40 CLC (AD)
....possession in the suit land. In the premises we do not find any merit in the leave petition. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: VIII ADC (2011) 468....... Ed. This Case is also Reported in: VIII ADC (2011) 468.......possession in the suit land. In the premises we do not find any merit in the leave petition. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: VIII ADC (2011) 468.......ated 26.08.2002 passed by the learned Senior Assistant Judge, Pabna disÂmissing the Title Suit No.105 of 1977 praying for permanent injunction. 2. The defendants are petitioners before us and the plaintiffs are the respondents hereof. 3. The plaintiffs filed the suit for permaÂnent injunctio..Category: Procedural Law | Date: | Hits: 57
Md. Kabir Hossain and others Vs. Abdur Razzak Mallik and others, 2010, 39 CLC (AD)
....ivision on the point of limitaÂtion. In view of the above, we find no merit in this petition. The petition is accordingly dismissed. Ed. This Case is also Reported in: VIII ADC (2011) 486. ......pellate Division (Civil) Present: Mohammad Fazlul Karim CJ Shah Ahu Nayeem Mominur Rahman J ABM Khairul Haque J Md. Muzammel Hossain J Surendra Kumar Sinha J Md. Kabir Hossain and others………………………………Petitioners Vs. Abdur Razzak Mallik and othersâ€......ivision on the point of limitaÂtion. In view of the above, we find no merit in this petition. The petition is accordingly dismissed. Ed. This Case is also Reported in: VIII ADC (2011) 486. ......in Ali, Kanchan Bibi, Hason Bibi, Asia Begum, Abdul Gafur Hawlader, the predecessor-in-interest of the petitioner Nos. 1(a) to 5(d), Ahmed Ali Talukder, Abdul Aziz Talukder and Adam Ali Talukder (the plaintiffs) instituted Title Suit No.77 of 1987 in the Court of Senior Assistant Judge, Jhalakati fo..Category: Property Law | Date: | Hits: 62
Tuglak Khan Vs. Md. Sultan Nasiruddin, 1991, 20 CLC (HCD)
....ces of the case, the parties are directed to bear their respective costs. The stay order granted by this Court earlier is vacated. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 615. ......r Rahman, with Serajur Rahman, Advocates ‑ For the Opposite Party. Civil Revision No.2183 of 1990. Judgment Naimuddin Ahmed J.- This revisional application is directed against the judgment and decree passed by the Subordinate Judge, 4th Court Dhaka on 6.8.1990 in Title Appeal No.319 of 19......ces of the case, the parties are directed to bear their respective costs. The stay order granted by this Court earlier is vacated. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 615. ......t Judge, Dhaka on 5.11.89, in Title Suit No.98 of 1984. 2. The suit before the learned Assistant Judge was for declaration that the deed of Hiba‑Bil‑Ewaz purported to have been executed by the plaintiff in favour of the defendant No.1 on 9.11.83 and registered on the same date purporting to t..Category: Property Law | Date: | Hits: 87
Eurco Explorer Co. Ltd. Athens Greece and others Vs. Grain Bank Ltd., 1992, 21 CLC (HCD)
....equent upon the illegal impugned order. In the result, the rule is made absolute. The parties are to bear their respective costs. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 591. ......(HCD) (1993) 591. ......equent upon the illegal impugned order. In the result, the rule is made absolute. The parties are to bear their respective costs. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 591. ......rejecting the petition for attachment on the ground that as the opposite party 1 had no locus standi to file the suit the application for attachment was to be rejected. It was further stated that the plaintiff as Charterer is not entitled to claim any amount for payment to the consignee or the Custo..Category: Civil Law | Date: | Hits: 75
Sufia Khatun and others Vs. Abdul Majid and others, 1992, 21 CLC (HCD)
....desired by the learned Advocate for the plaintiff petitioner. In the result, the Rule is discharged without any order as to costs. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 584. ......to costs. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 584. ......desired by the learned Advocate for the plaintiff petitioner. In the result, the Rule is discharged without any order as to costs. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 584. ...... respective contention and the learned Munsif on consideration of the evidence dismissed the suit without any order as to Cost. Being aggrieved and dissatisfied with judgment and decree dated 27.3.88 plaintiff filed an appeal before the District Judge, Jhenaidah and the appeal was registered on 27.4..Category: Procedural Law | Date: | Hits: 74
Mst. Momtaz Begum Vs. Anowar Hossain, 2011, 40 CLC (AD)
.... find merit in contention of Dr. Rabia Bhuiyan. The appeal is, therefore, allowed with costs of Tk.10,000/-. Ed. This Case is also Reported in: VII ADC (2011) 855; 17 MLR (AD) (2012) 201. ......a Shwe Baw (1929) 7 Rang 777, 121 I.C. 718, Gagu Bibi V. Mesal Shaikh (1936) 63 cal 415, 164 I.C. 957, Shahzada Begum V. Abdul Hamid (1950) Lah 773, Khorshed Alam @ Shah Alam V. Amir Sultan Ali Hyder and another, 38 DLR (AD) 133, Debendra Mohan Rai V. Sona Kunwar, (1904) 36 Allahbad 295, Abdool Raza...... find merit in contention of Dr. Rabia Bhuiyan. The appeal is, therefore, allowed with costs of Tk.10,000/-. Ed. This Case is also Reported in: VII ADC (2011) 855; 17 MLR (AD) (2012) 201. ......€˜until the claimant establishes his acknowledgment the onus is on him to prove marriage. Once he establishes an acknowledgment the onus is on those who deny a marriage to negative it in fact.’ The plaintiff denied the existence of the marriage and this Division shifted the onus upon the plaintiff..Category: Family Law | Date: | Hits: 318
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