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Dr. Suraiya Hossain Vs. Taherunnessa, 1988, 17 CLC (HCD)
....d for them to vacate. In the facts and circumstances of the cases there will be no order as to costs. Send down the records at once. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 441.......Dr. Suraiya Hossain and Mrs. Taherunnessa, concerning the same residential house, namely, 19, Kakrail P.S. Motijheel, Dhaka of which house Dr. Suraiya Hossain is a tenant and Mrs. Taherunnessa is the landlady and these cases having arisen between the same parties, concerning the same properties, ove..Category: Property Law | Date: | Hits: 88
....surers repudiate any liability on the policy there is no obligation on the assured to arbitrate as to the amount before commencing an action on the policy. The policy may, however, provide that the settlement by arbitration of any difference as to amount shall be a condition precedent to the comme......affect any provision of any law in force for the time being as to references to arbitration."
17. The principle enunciated in Scott Vs. Avery has been followed in a large number of decisions in England and we shall rest content with citing only one, namely, the case of Viney Vs. Bignold, (1887), ..
Category: Business or Commercial Law | Date: | Hits: 290
Abdul Latif & another Vs. Attar Ali, 1989, 18 CLC (HCD)
....appeal below occasioning any failure of justice, no interference is called for. The rule is discharged without any order as to costs. Ed. This Case is also Reported in: 42 DLR (HD) (1990) 115.......4/1975 was filed by the plaintiff opposite party against the defendants petitioners in the 1st Court of Sadar Munsif Sylhet for declaration of his right of pathway over the disputed second schedule land of the plaint which is part and parcel of the 1st Schedule land and for a direction to remove t..Category: Civil Law | Date: | Hits: 152
Abdul Aziz and others Vs. Sahajuddin Mollah and others, 1995, 24 CLC (HCD)
.... is an old case of 1984 the trial Court is hereby directed to complete die trial within 4 months positively on receipt of the record. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 164. ...... Title Suit No.24 of 1984 in the Court of the Munsif, Tongibari upazila impleading the opposite parts as defendants for a declaration of and recovery of khas possession with respect to 05 decimals of land of the suit land as mentioned in the schedule of the plaint. 3. Defendant Nos. 1 and 2 and t..Category: Property Law | Date: | Hits: 96
Abu Sama Vs. Abu Syed and others, 1995, 24 CLC (HCD)
...., the Rule is discharged with costs all through against the petitioner. The stay order granted earlier by this Court is hereby vacated. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 141.......Nos.3‑5, as plaintiffs have filed Other Suit No.182 of 1975 for declaration of their title and for further declaration that MRR Khatian prepared in the name of the defendants in respect of the suit land, is illegal and not binding upon the plaintiffs. Plaintiffs case briefly, may be stated that th..Category: Procedural Law | Date: | Hits: 124
Baseruddin Pramanik (Md.) Vs. Golapjan Bewa and others, 1995, 24 CLC (HCD)
....result, the Rule is discharged. The pre-emption is allowed. Costs all through against the petitioner. Sent down the records at once. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 137.......t). 2. Opposite party 2 Alauddin, opposite party 3 Moslemuddin and Abdul Latif (now dead) the husband of the pre‑emptor and father of opposite party 2 jointly purchased on 13.12.48. 0.38 acres land of plot 686 in SA khatian 322 and 0.33 acres land of plot 685 of SA khatian 240. The land under..Category: Property Law | Date: | Hits: 89
MG Jilani Vs. Md. Wahed Uddin Sardar, 1989, 18 CLC (HCD)
....ut any order as to costs. The order of stay granted by this Court is vacated. Let the records be sent down at once. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 348. ......contending, inter alia, that the plaintiff has no cause of action to file the suit and the same is barred by limitation. His case, inter alia, is that he was inducted as tenant in the suit holding by landlord Bhabani Prasad Saha at a rental of Taka 20.00 and Taka 19.00 for supply of water, in all Ta..Category: Civil Law | Date: | Hits: 140
M M Rahmatullah Vs. State, 1992, 21 CLC (HCD)
....cated. The learned Special Judge is directed to hold the trial expeditiously. Let the records be sent down at once. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 576. ......00 per katha for plot No.49A. The Dhaka Improvement Trust, as it then was, did not accept the offer holding that the amount was inadequate and decided to construct a building of their own on the same land. Later on when the DIT was taking steps for putting the said plots for auction over again, 3 su..Category: Criminal Law | Date: | Hits: 81
Lal Banu Bibi and others Vs. Nourjan Banu, 1986, 15 CLC (HCD)
....ded but no fresh evidence will be admitted. Cost will abide by the result of the suit. Send down the lower Court's records at once. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 519.......osite party and managed her property and household affairs. Petitioner No.1 who earned affection, love and sympathy of mother plaintiff-opposite party, requested her mother to give her one bigha of land on the ground that petitioner would get nothing out of the property of the plaintiff after her ..Category: Property Law | Date: | Hits: 134
Bangladesh Inland Water Transport Authority Vs. United Trading Corporation, 1989, 18 CLC (HCD)
....der of the learned Subordinate Judge cannot be sustained. In the result the Rule is made absolute but without any order as to costs. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 513.......o Reported in: 41 DLR (HCD) (1989) 513...Category: Civil Law | Date: | Hits: 142
Janata Bank Vs. Mohiuddin Specialised Textile, 2009, 38 CLC (HCD)
....nting bank not to initiate the legal proceeding or to institute a suit for realization of the outstanding dues and the recommendation and the policy as formulated in the notification dated 6-3-97 for settlement of the dues out of Court for the purpose of rehabilitation of the sick industries are not......l be paid in Money Suit till realisation of decreetal amount. Send down the lower Court record. Communicate this order at once. Ed. This Case is also Reported in: 62 DLR (HCD) (2010) 501. ..Category: Civil Law | Date: | Hits: 141
Khondker Abdul Majed Vs. Tarapada Dey, 1999, 18 CLC (HCD)
....to costs. The order of stay passed earlier by this Court is hereby vacated. Communicate the order to the trial Court expeditiously. Ed. This Case is also Reported in: 51 DLR (1999) (HCD) 336. ...... Suit No.199 of 1988 subsequently re-numbered as Title Suit No.140 of 1990 in the Court of Senior Assistant Judge, Magura for mandatory and prohibitory permanent injunction in respect of 1 decimal of land mentioned in the schedule of the plaint alleging that, the defendant-petitioner started constru..Category: Civil Law | Date: | Hits: 122
Abdul Quayuam Khan Vs. Abu Yusuf Mridha, 1997, 26 CLC (HCD)
....e date of such information the period of payment of the amount in question should be calculated. Send down the LC records at once. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 386. ...... Title Suit No.51 of 1980. The opposite parties as plaintiffs filed the suit for specific performance of contract covering the properties of schedule ‘Ka’ and ‘Kha’ measuring 2.13 acres of lands and for confirmation of possession in schedule Ka and for evicting the defendants from schedul..Category: Procedural Law | Date: | Hits: 129
State Vs. Shahidul Alam Chowdhury and two others, 1999, 18 CLC (HCD)
....al apology tendered by the contemners are accepted and they are let off with the above warning. The Rule is disposed of accordingly. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 380.......al apology tendered by the contemners are accepted and they are let off with the above warning. The Rule is disposed of accordingly. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 380...Category: Criminal Law | Date: | Hits: 87
Assistant Custodian, Vested Property Vs. Jugal Chandra Shaha & others, 1988, 27 CLC (HCD)
....First Court, Patuakhali for disposal of the Miscellaneous Case in accordance with law and in the light of the observation made above. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 473.......of schedule Ka to the plaint was unauthorised, illegal and without jurisdiction with a further prayer for permanent injunction restraining the defendant-petitioner from leasing out the Kha schedule land. The suit was contested by the present petitioner by filing a written statement denying the c..Category: Limitation Law | Date: | Hits: 275
Sourja Bala Devi Vs. Habibullah Sheikh, 1989, 18 CLC (HCD)
....rovision of Order 41 Rule 27 of the Code of Civil Procedure. In the result, the Rule is made absolute without any order as to costs. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 463....... 2. The aforesaid Misc. Case was started by one Sarajubala the petitioner herein by making an application under section 174(3) of the Bengal Tenancy Act, 1885 for setting aside the sale of certain land measuring about 1.35 acre which was sold in auction for a sum of Rs. 19/- being the arrear rent..Category: Property Law | Date: | Hits: 106
Dr. Md. Asadullah and another Vs. Sonali Bank Ltd. & others, 2010, 39 CLC (HCD)
....erest within 30 days from the date of receipt of this order. Sent down the lower Court records. Communicate this order at once. Ed. This Case is also Reported in: 62 DLR (HCD) (2010) 474. ......in daily news paper for auction selling of the decreed property. Auction was held and opposite party No.2 purchased the auctioned property. While auction purchaser went to take possession of the case land through police force on 5-10-2005, petitioners could know about the auction and ex parte decree..Category: Civil Law | Date: | Hits: 156
Bangladesh Environment Lawyers Association (BELA) Vs. Bangladesh, 2010, 39 CLC (HCD)
....he injunction order granted earlier by this Court stands vacated. Communicate this Judgment and order to the respondents accordingly. Ed. This Case is also Reported in: 62 DLR (HCD) (2010) 463. ......has further submitted that the extraction of sand from the bed and banks of the River and outside the designated area of the Fazilpur Sand Quarry should be stopped to maintain the relevant law of the land. 16. Mr. Jamal Uddin Ahmed learned Advocate appeared for the Respondent No.4 but he did not ..Category: Environmental Law | Date: | Hits: 1019
Gani Mia & another Vs. U.N.O., Biswanath, District Sylhet & Others, 1988, 17 CLC (HCD)
....and as such it calls for interference. The impugned order be set aside and the Rule be made absolute without any order as to costs. Ed. This Case is also Reported in: 42 DLR (HD) (1990) 72. ......isdiction as it would be in violation of the agreement entered into between the plaintiff petitioners and defendant Nos.1-4, in pursuance of which the plaintiffs petitioners donated .05 decimals of land by a document registered on 20.3.84 and constructed the present building thereon according to t..Category: Procedural Law | Date: | Hits: 193
Gura Miah and others Vs. Fazar Ali and others, 1988, 17 CLC (HCD)
....0 acres from the same Khatian while other co-sharers were in possession of the remaining land. 4. The Opposite-party No.15 was made third party in the said proceeding and his case was that he took settlement of 30.11 acres of land from R.S. Khatian No.578 which was subsequently recorded in M.R.R........ Criminal Revision Case No. 37 of 1986. Judgment A.M. Mahmudur Rahman J. - This Rule arises out of an order passed by Upazila Magistrate Maheshkhali, Cox's Bazar finding possession of the lands in favour of 1st party, 2nd party, 3rd party, Added 3rd party and 4th Party and against Added ..Category: Criminal Law | Date: | Hits: 126
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