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Lal Mamud and others Vs. Siraj Miah and others, 1991, 20 CLC (HCD)

....sal of these Rules are as follows: In Civil Revision No.383 of 1985 a simple question falls for determination is whether written statement can be filed after the suit, on appeal from a preliminary decree, remitted to the trial Court for a limited purpose for allotting saham to the defendants who ......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. ..

Category: Property Law | Date: | Hits: 79

Globe Bruges Ltd. Vs. Arab Bangladesh Bank Ltd. And others, 2011, 40 CLC (AD)

.... order dated 7.1.2010 passed by the High Court Division in Firs! Appeal No.78 of 2007.) Judgment Surendra Kumar Sinha J. - This petition for leave to appeal is directed against the judgment and decree dated 7th January, 2010 of a Division Bench of the High Court Division in First Appeal No.78 ......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. ..

Category: Civil Law | Date: | Hits: 93

Bashaboo Girls High School Vs. Sharafunnessa and others, 2011, 40 CLC (AD)

....y mentioned in the 'Schedule-A' of the plaint illegal? 4. Are the plaintiffs entitled to get allotment of land mentioned in 'Schedule-B' of the plaint? 5. Are the plaintiffs entitled to get the decree as prayed for? " 5. The plaintiffs admitted the acquisition of the suit land, which accord......le". Security of Tk. 1000/- is to be deposit­ed 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. ..

Category: Property Law | Date: | Hits: 70

Bangladesh Vs. Abdul Matin Sarder being dead his legal heirs: 1(Ka) S.M. Yahia Iqbal and oth­ers, 2011, 40 CLC (AD)

....was put to auction sale by the Government and one Abdus Rashid and others purchased the suit land. The aforesaid benamder Khairul Alam Khan filed a suit for setting aside the auc­tion sale which was decreed on compro­mise and the sale was set aside. The plain­tiffs further alleged that during pre......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. ..

Category: Property Law | Date: | Hits: 76

Md. Abdul Based Sheikh and others Vs. Md. Jinder Ali Khan and others, 2011, 40 CLC (AD)

....learned Joint District Judge, 2nd Court, Pabna, dismissing the miscellaneous case. 2. The miscellaneous case was preferred by the defendant Nos. 1-4 of Partition Suit No. 1 of 1996, which has been decreed ex-parte on 30.06.2002. 3. The aforesaid defendants filed the mis­cellaneous case under ......d to be time barred. In the premises, we do not find any sub­stance in the leave petition. Accordingly, the petition is dismissed. End. This Case is also Reported in: VIII ADC (2011) 515...

Category: Procedural Law | Date: | Hits: 66

Ali Amzad Khan Vs. Md. Titam Khan and others, 2011, 40 CLC (AD)

.... Petitioner. Mrs. Nahid Sultana, Advocate-on-Record-For Respondent No.1 Not Represented-For Respondent Nos.2-15. Civil Petition for Leave to Appeal No.425 of 2009. (From the judgment and decree dated 4.11.2008 passed by the High Court Division in Civil Revision No.2078 of 2002.) Orde......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. ..

Category: Property Law | Date: | Hits: 87

Subrata Dev Roy Vs. Saroswati Rabni Paul being dead her legal heirs: 1(ka) Netai Pada Paul and another, 2011, 40 CLC (AD)

....ection contending, inter alia, that the pre-emptor is not a co-sharer in the case land and has no locus standi to claim pre-emption. The pre-emptee further alleged that the khatian was separated by a decree passed in Partition Suit No.133 of 1918 and since then the original tenancy and holding of Kh....... Since review does not mean rehearing of the matter, we find no merit in the review petition. The petition is accordingly dismissed. Ed. This Case is also Reported in: VIII ADC (2011) 477. ..

Category: Procedural Law | Date: | Hits: 76

Rupesh Ranan Dey and another Vs. Md. Abdur Razaque and others, 2010, 39 CLC (AD)

....ff filed Title Suit No.75 of 1969 in the Court of Subordinate Judge, Sylhet. The heirs of Upendra Kumar Dey and Tara Moni Dey contested the suit by filing written statement. The suit was ulti­mately decreed by judgment and decree dated 15th January, 1980. In pursuance of an execution proceeding the...... above, we find no sub­stance 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. ..

Category: Property Law | Date: | Hits: 50

Joynal Abedin and others Vs. Shahidul Islam and others, 2011, 40 CLC (AD)

.... 2. The trial Court as well as the Appellate Court below and the High Court Division disposed of the matters by common judg­ments. The Civil Revision No. 4281 of 1995 arises out of the judgment and decree passed in Title Appeal 158 of 1994 which arose out of the judgment and decree passed in Title......out of Court in accordance with Rules. The order of status quo granted earlier by this Court to continue till disposal of the appeals. Ed. This Case is also Reported in: VIII ADC (2011) 492. ..

Category: Property Law | Date: | Hits: 60

Superintendent Musrat Dhulia Dakhil Madrasha Vs. Md. Rafiqul Islam and another, 2011, 40 CLC (AD)

....nstitution filed challenging the judgment and order dated 23.11.2008 passed in Civil Revision No. 588 of 2002 by the High Court Division making the Rule absolute, thereby reversing the judg­ment and decree dated 31.10.2001 passed in other Appeal No.25 of 2001 by the learned Joint District Judge (i......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. ..

Category: Employment/Service Law | Date: | Hits: 55

Continental Traders (BD) Ltd. Vs. Co. and GE Sea Services Ltd & others, 2011, 40 CLC (HCD)

.... respondents hereof are the plaintiffs and the petitioner hereof is the defendant No.1 in the Admiralty Suit. 3. The respondents here of as the plaintiffs filed the Admiralty Suit praying for decree for immediate return of 311 pieces of con­tainers owned by the plaintiff No.1 and also for c......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. ..

Category: Admiralty Law or Maritime Law | Date: | Hits: 338

Matiur Rahman and others Vs. Md. Nowab Ali and others, 2011, 40 CLC (AD)

....to appeal against the judgment and order dated 22.01.2009 passed by the High Court Division discharging the Rule issued in Civil Revision No. 3328 of 2009 Which was filed challenging the judgment and decree dated 26.05.2004 passed by the Joint District Judge, Additional Court, Rajshahi allowing the ......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...

Category: Procedural Law | Date: | Hits: 57

Md. Kabir Hossain and others Vs. Abdur Razzak Mallik and others, 2010, 39 CLC (AD)

....nt Judge, Jhalakati for declaration of title in respect of 1.38 acres out of 5.14 acres of land of S.A. Plot Nos.591 and 593 of S.A. Khatian No.311 and for further declaration that the judg­ment and decree passed in Title Suit No.138 of 1969 is illegal, collusive and void. Their case, in short, is ......ivision on the point of limita­tion. 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. ..

Category: Property Law | Date: | Hits: 62

Tuglak Khan Vs. Md. Sultan Nasiruddin, 1991, 20 CLC (HCD)

....hman, 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 1989 w......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. ..

Category: Property Law | Date: | Hits: 87

Eurco Explorer Co. Ltd. Athens Greece and others Vs. Grain Bank Ltd., 1992, 21 CLC (HCD)

....judgment which was necessary as the petitioner 3 had no property within the jurisdiction of the trial Court except the vessel and if the vessel is allowed to leave the jurisdiction of this court, the decree, if made, will be inexecutable against the said petitioner. Upon such application the Court d......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. ..

Category: Civil Law | Date: | Hits: 75

Sufia Khatun and others Vs. Abdul Majid and others, 1992, 21 CLC (HCD)

....s in support of their 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 w......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. ..

Category: Procedural Law | Date: | Hits: 74

Mst. Momtaz Begum Vs. Anowar Hossain, 2011, 40 CLC (AD)

....ce of Shadrul Islam (P.W.2), Madu Mia (P.W.3), Swapan (P.W.4) and Babul Mia (P.W.5) came to the definite finding that the respondent married the appellant and that they lived as husband and wife, and decreed the suit. The Court of appeal below affirmed the judgment. A single Bench of the High Court ......ct questions which can be divorced from the facts giving rise to them and in order to resolve them the facts in some detail are necessary. 2. Appellant instituted a suit against the respondent for dower and maintenance in the Family Court. She claimed that though their marriage was solemnized acc..

Category: Family Law | Date: | Hits: 318

Abdul Jabbar Khan and others Vs. Sreela Sreejukteswar Radha Madhab Thakur Jiew, 1993, 22 CLC (HCD)

.... application under Order 11, rule 15 CPC for inspection of documents referred to in the plaint. Those documents alleged to have been in possession of the plaintiff upon which the plaintiff relied for decree in the suit. The application was necessitated as the plaintiff did not comply with the requir......tition within one month from the date of receipt of this judgment. In the result, the Rule is made absolute. No order as to costs. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 577. ..

Category: Property Law | Date: | Hits: 55

Narendra Nath Biswas Vs. Sunil Kumar Biswas, 1993, 22 CLC (HCD)

....sh Chandra Biswas, Advocates ‑ For the Respondent No. 3‑7. Appeal from Original Decree No. 34 of 1976. Judgment Kazi Ebadul Hoque J.- This appeal by the plaintiff is against judgment and decree dated 20.2.75 passed by the District Judge, Jessore in Probate Suit No.12 of 1973 dismissing ......e execution and attestation of the will. We therefore find no merit in the appeal. In the result, the appeal is dismissed with cost. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 567...

Category: Property Law | Date: | Hits: 78

Nurul Islam Palan & and Others Vs. Harez Ali Palan & others, 1993, 22 CLC (HCD)

.... 3(1) to 3(6). Appeal from Original Decree No. 561 of 1968. Judgment Kazi Ebadul Hoque J.- This appeal at the instance of the defendant Nos. 1, 2 and 15 is directed against tile judgment and decree dated 30.6.67 passed by the Subordinate Judge, 4th Court, Dhaka in Tide Suit No.68 of 1956 al......em 7 annas 12 gandas share of the suit properties measuring 20.07 acres and the impugned judgment and decree is modified accordingly. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 558. ..

Category: Property Law | Date: | Hits: 57