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Pubali Bank Ltd. Vs. Sultana Oil Mills and Soap Factory and others, 1998, 17 CLC (HCD)

....l Pasha, Advocates — For Respondent No.5. Appeal from the Original Decree No.43 of 1986. Judgment Md. Abdul Aziz J.- This appeal at the instance of the plaintiff has been filed against the decree passed by the learned Subordinate Judge, First Commercial Court at Sadar, Chittagong in Mortg......der as to costs. The judgment and decree passed by the trial Court is hereby affirmed. Send down the lower court records at once. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 323. ..

Category: Business or Commercial Law | Date: | Hits: 196

Moqbul Hossain Bakul and others Vs. Mohammad Ali and others, 1998, 17 CLC (HCD)

.... For the Petitioners. SAM Mahbub Elahi, Advocate — For the Opposite Parties. Civil Revision No. 3843 of 1994. Judgment Bijan Kumar Das J.- This Rule is directed against the judgment and decree dated 5-3-1994 passed by the learned Subordinate Judge, Chandpur in Title Appeal No.22 of 199......aintain status quo in respect of the possession of the suit property is hereby vacated. Send down the lower court records at once. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 307. ..

Category: Property Law | Date: | Hits: 65

Hindu Deity Lakshmi Gobinda Jew Vs. Deputy Custodian, Enemy Property, Government of Bangladesh and others, 1998, 17 CLC (HCD)

....oner. AQ Rashid Ahmed, Assistant Attorney-General — For the Opposite Parties. Civil Revision No.455 of 1981. Judgment Gour Gopal Saha J.- This Rule is directed against the judgment and decree dated 7-11-1980 passed by the 5th Court of Additional District Judge, Dhaka in Title Appeal N......t be treated as abandoned property or vested property (enemy property) by the defendants. Send down the lower Court records at once. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 300...

Category: Property Law | Date: | Hits: 102

Hosna Jahan (Munna) Vs. Md. Shajahan (Shaju) and others, 1998, 17 CLC (HCD)

....acing reliance on the decision in the case of Nelly Zaman Vs. Giasuddin Khan reported in 34 DLR 221, wherein a suit for declaration that a divorce at the instance of the wife is illegal, the suit was decreed with a direction for restitution of conjugal rights. The matter came up before a single Judg......ng, inter alia, that alter a prolonged amorous relationship between Shajahan (opposite party No.1) and the petitioner Jahan the same culminated into its cherished goal i.e. marriage between them at a dower of Taka 1 lac through a kabinnama registered on 28-8-95. The wife was given befitting wedding ..

Category: Family Law | Date: | Hits: 166

Chan Mia (Md.) Vs. Rupnahar, 1998, 17 CLC (HCD)

....t of affirmance arising out of a suit being Family Courts Suit No.17 of 1993 filed by the wife for the restitution of conjugal rights, realisation of dower and for maintenance. 2. The Family Court decreed the suit holding that the defendant-petitioner (husband) and the plaintiff-opposite party (w......Code of Civil Procedure directed against a judgment of affirmance arising out of a suit being Family Courts Suit No.17 of 1993 filed by the wife for the restitution of conjugal rights, realisation of dower and for maintenance. 2. The Family Court decreed the suit holding that the defendant-petiti..

Category: Family Law | Date: | Hits: 166

Santi Gopal Dey and others Vs. Maliza Rani Saha and others, 1998, 17 CLC (HCD)

....t Gour Gopal Saha J.- This Rule calls in question the order dated 12-96 passed by the Senior Assistant Judge, Narshingdi in Miscellaneous Case No.24 of 1994 setting aside the ex-parte judgment and decree dated 14-11-94 passed in Title Suit No.108 of 1988. By this impugned order the learned Senior......urnments to the parties except on most convincing grounds. Communicate the order to the learned Assistant Judge, Narshingdi at once. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 290...

Category: Procedural Law | Date: | Hits: 58

Shamsuddin Ahmed and others Vs. Government of Bangladesh and others, 1993, 22 CLC (HCD)

....ound absent and then the learned Subordinate Judge took up the suit for ex parte hearing and examined the plaintiff as P.W.1 and on the basis of the deposition of P.W.1, the learned Subordinate Judge decreed the suit ex parte and directed the defendant No.5 (receiver) to hand over possession of the ......lier granted by this Court and extended from time to time is hereby vacated. Communicate the order to the Court concerned at once. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 675. ..

Category: Property Law | Date: | Hits: 68

Bangladesh and another Vs. Banarashi Lal Sharaf and others, 1993, 22 CLC (HCD)

.... with MR Rezaul Karim, Advocates­ - For Respondent No.1 (a). Appeal from Original Decree No.157 of 1959. Judgment Kazi Ebadul Hoque J.- This appeal by the defendants is against judgment and decree dated 27.3.1959 passed by the Subordinate Judge, Kushtia in Title Suit No.18 of 1957 decreein......iff's Title Suit No.18/57 is dismissed. In the facts and circumstances of the case parties shall bear their respective costs althrough. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 669...

Category: Fiscal/Taxation Law | Date: | Hits: 125

Shyamal Chandra Roy Vs. Probhat Chandra Roy, 1999, 18 CLC (HCD)

....Miscellaneous Case No.9 of 1995 under Order 47 rule 1 of the Code of Civil Procedure, refusing to review his order dated 25-11-95 passed in Title Appeal No.18 of 1995, arising out of the judgment and decree passed in Title Suit No.28 of 1991 by the Assistant Judge, Pirganj dismissing the suit on con......order, with notice to the contending parties. Communicate the order of the Court to the learned Assistant Judge, Thakurgaon at once. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 504...

Category: Procedural Law | Date: | Hits: 91

Mizanur Rahman Khan (Md.) and another Vs. Jinnatul Ferdous and others, 1999, 18 CLC (HCD)

....t, Dhaka in Title Execution Case No.20 of 1997 rejecting the application of the petitioners under section 151 of Code of Civil Procedure for restoration of possession on the ground that no executable decree was passed. 2. Short facts relevant for the purpose of the case are that, the predecessor-......ioner on 18-6-97 in execution of the writ issued to him by the learned Executing Court. Send down the lower Court records at once. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 493. ..

Category: Civil Law | Date: | Hits: 66

Shaikh Jahangir Hossain Vs. Government of Bangla­desh and others, 2001, 30 CLC (HCD)

....ocate with Shamsul Haque, Advocates- For the Respondents. First Appeal No.140 of 1995. Judgment ABM Khairul Haque J.- This appeal arises out of the judgment and order dated 20‑2‑1995 and decree dated 22‑2‑1995, passed by the Subordinate Judge, Third Court, Dhaka, in Title Suit No.25......udgment be forwarded, to the learned Judge wherever he is posted now, for his future guidance. Send down the lower Court records at once. Ed. This Case is also Reported in: 55 DLR (2003) 405. ..

Category: Civil Law | Date: | Hits: 82

Abu Sayeed Sheikh and others Vs. Md. Majibur Rahman and others, 1998, 17 CLC (HCD)

....1. Judgment Gour Gopal Saha J. - This Rule is directed against the judgment and order dated 25-3-91 passed by the District Judge, Bogra in Title Appeal No.197 of 1991 reversing the judgment and decree dated 31-8-86 passed by the Munsif, Sherpur in Partition Suit No.28 of 1984 decreeing the sui......receipt of this order. The order of stay granted earlier by this Court stands vacated. Send down the lower Courts record as once. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 289...

Category: Property Law | Date: | Hits: 75

Abdul Majid Mondal Vs. State and another, 1999, 18 CLC (HCD)

....uit being other class suit No.88 of 1992 for permanent injunction was filed in the court of Senior Assistant Judge, Mithapukur Rangpur against the first party petitioner and his adhiars. The suit was decreed in favour of the opposite parties and then an appeal was taken by the defendant in the suit ......ming the order of the learned Magistrate is quashed. Stay order granted by this court stands vacated. Send down the LC records at once. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 287...

Category: Criminal Law | Date: | Hits: 237

Abdul Karim Vs. Gousddin and others, 1998, 27 CLC (HCD)

....riminal Procedure by order dated 21-7-69 and directed to get the matter decided by the civil Court. Thereafter, first party filed Title Suit No.286 of 1970 against the second party petitioner and got decree which was upheld upto this Court in CR Case No.92 of 1989. Thereafter first party filed an ap......gistrar of this Court within 1(one) month from the date of receipt of the copy of this order. Communicate the order to the Court below. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 259...

Category: Criminal Law | Date: | Hits: 65

Anwarul Hoque (Md.) Vs. Golam Mahmud and Md. Mohsin, 1999, 18 CLC (HCD)

....arty filed an application on 19-8-97 with a copy of receipt dated 18-8-97 showing payment of Taka 20,000.00 and prayed for passing an appropriate order. Thereafter, on 7-9-97 District Judge asked the decree holder House Building Finance Corporation to explain as to why he will not be proceeded for n......tary, Ministry of Law, Justice and Parliamentary Affairs for circulation to the District Judges for guidance of all subordinate courts. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 242...

Category: Criminal Law | Date: | Hits: 73

Hazrat Ali and another Vs. Kudrat Ali and others, 1991, 20 CLC (HCD)

.... and others Vs. Amjad Ali and others, 27 DLR 164 to contend that in a summary proceeding under section 96 of the SAT Act Court cannot look into the question of benami. He contends that in view of the decree made in Title Suit No.153 of 1978 declaring the title of Lal Mahmood in the land under pre‑......n this case on behalf of the petitioners have no manner of application. In the result, the Rule is discharged. No order as to costs. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 658...

Category: Property Law | Date: | Hits: 72

Janab Ali & others Vs. Arju Miah & Others, 1991, 20 CLC (HCD)

....ry of the land was not correctly given in the said kabala the plaintiffs instituted Title Suit No.149 of 1972 against defendant No.1 Uma Rani Roy for rectification of the said kabala and the same was decreed ex parte; that at the instance of the plaintiffs a criminal case under section 145 Cr.P.C. w......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...

Category: Property Law | Date: | Hits: 61

Agrani Bank Vs. Artha Rin Adalat and others, 2003, 32 CLC (HCD)

.... stated, the facts are that the petitioner Bank instituted Money Suit No. 2 of 1993 before the Artha Rin Adalat No. 1, Madaripur against the respondents for realisation of Taka 6,66,653. The suit was decreed on contest on 13‑6­-93 and the decretal amount stood at 7,48,361.82 with cost. The respon......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. ..

Category: Administrative Law | Date: | Hits: 200

Bangladesh Sugar and Food Industries Corporation Vs. Md. Kashem and others, 2002, 31 CLC (HCD)

....it was dismissed by the trial Court, against which the plaintiff filed First Appeal No. 161 of 1976 before this Court and the said appeal was dismissed on 10‑7‑1980. Against the said judgment and decree passed in the First Appeal the plaintiff filed Civil Appeal No. 31 of 1981 before the Appella......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...

Category: Property Law | Date: | Hits: 122

Chairman, National Housing Authority Vs. M/s. MR. Trading Co. and others, 2011, 40 CLC (AD)

....aintiff would be entitled to the money for the works done after proper measurement in accordance with tender documents. On appeal from the said judgment the High Court Division allowed the appeal and decreed the suit and declared that the plaintiff is entitled to get the bills against 7 groups D/1, ......he plaintiff. The appeal is, therefore, allowed with­out 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. ..

Category: Civil Law | Date: | Hits: 73