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Chairman, BCIC Vs. Anis U Ahmed Tussan, 2011, 40 CLC (AD)
....rected against the judgment and order dated 18-5-2009 passed by a Division Bench of the High Court Division in First Appeal No.288 of 2002 dismissing the appeal and thereby affirming the judgment and decree dated 14-3-2002 passed by the Joint District Judge, 3rd Court, Dhaka in Title Suit No.141 of ......Court Division rightly dismissed the appeal. In the circumstances this petition for leave to appeal is dismissed. Ed. This Case is also Reported in: 16 BLC (AD) (2011) 93, IX ADC (2012) 181. ..Category: Alternative Dispute Resolution | Date: | Hits: 182
Zakir Hossain and another Vs. Md. Yousuf Kabir and another, 2011, 40 CLC (AD)
....tion for review arises out of the judgment and order 6.5.2010 passed by this Division in Civil Petition for Leave to Appeal No. 1359 of 2009 rejecting the same and thereby affirming the judgment and decree dated 13.05.2009 passed by the High Court Division in First Appeal No.181 of 2004 dismissing ...... of the court of Joint District Judge, 2nd Court, Dhaka both arising out of Title Suit No.59 of 1994 be stayed till disposal of the appeal. Ed. This Case is also Reported in: VIII ADC (2011) 344...Category: Property Law | Date: | Hits: 72
Nasirul Islam Vs. Bangladesh and others, 2011, 40 CLC (HCD)
.... the suit, if any; or whether the suit was properly instituted and execution case was properly filed and proceeded in accordance with law- No certified copies of the plaint in the Artha Rin Suit, the decree passed therein, application for execution and order sheets have been annexed with the writ pe......to take back his original title documents those have been annexed with the writ petition substituting photocopies thereof. Nazmun Ara Sultana J.- I agree. Ed. This Case is also Reported in: ..Category: Civil Law | Date: | Hits: 85
Chand Miah Talukder Vs. Chairman, Court of Settlement, 1993, 22 CLC (HCD)
....in pursuance of the said agreement got possession of the said property. As Nazir Ahmed did not execute the sale deed, the petitioner filed Title Suit No.160 of 1982 on 6.3.82 and obtained an ex parte decree on 14.12.83 for specific performance of the said contract against Nazir Ahmed. The petitioner......bove after giving reasonable opportunity to the parties concerned of being heard and also adducing evidence, both oral and documentary. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 304...Category: Procedural Law | Date: | Hits: 59
Fazlu Molla and others Vs. Shamsul Hoque Molla, 1993, 22 CLC (HCD)
....epresented ‑ the Respondent. Appeal from Appellate Decree No. 198 of 1975. Judgment Kazi Ebadul Hoque J.- This appeal at the instance of the defendants is directed against the judgment and decree dated 26.4.73 passed by the Subordinate Judge, 2nd Court, Faridpur in Title Appeal No.58 of 1......udgment and decree of the Court of appeal below is hereby affirmed. Let the LC records be sent down to the co below expeditiously. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 299. ..Category: Property Law | Date: | Hits: 88
Mohammad Abdus Sabur Vs. Agrani Bank, 2011, 40 CLC (HCD)
.... Md. Shafiquel Islam Siddique, Advocate-For the Respondent. Writ Petition No. 4980 of 2006. Judgment Md. Ruhul Quddus J. - This Rule Nisi, at the instance of a judgment debtor in a mortgage decree, was issued calling in question order dated 30.5.2005 passed in Artha Rin Execution Case No. ......at the time of issuing the Rule is vacated. Let a copy of the judgment be communicated to the concerned executing Court. Nazmun Ara Sultana J.- I agree. Ed. This Case is also Reported in: ..Category: Civil Law | Date: | Hits: 84
Buddhi Sankar Biswas Vs. Akbar Ali Sheikh, 1991, 20 CLC (HCD)
....f 1970 in the Court of Munsif, First Court, Kushtia against the present opposite parties as defendants for specific performance of contract of the suit land by way of reconveyance. The learned Munsif decreed the suit on contest by his judgment and decree dated 30.4.77 and 9.5.77 respectively. On app......de of Civil Procedure for rehearing of the Civil Revision Case No.1181 of 1980 is hereby rejected without any order as to costs. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 242. ..Category: Property Law | Date: | Hits: 90
Umme Hani Begum and others Vs. Ram Gopal Sarker and others, 2008, 37 CLC (HCD)
.... Majumder with M Sayeed Ahmed and Maksuda Akhter Advocates- For the Respondents. First Appeal No.192 of 1999. Judgment Shahidul Islam J.- This First Appeal has arisen out of the judgment and decree dated 12-11-1998 passed by the learned Subordinate Judge, 2nd Court, Narayanganj, in Title Su......le Suit No.344 of 1994 decreeing the suit is set aside. The suit stands dismissed. Send down the lower Court's record immediately. Ed. This Case is also Reported in: 62 DLR (HCD) (2010) 17. ..Category: Property Law | Date: | Hits: 74
Mahabub Alam Faruq (Md.) and another Vs. Bangladesh, 2009, 38 CLC (HCD)
....Munsif Gouripur and the case was renumbered as Other Class Suit No.56 of 1983 which is evident from Annexure-E. 3. The Government submitted written statement in the said suit and the said suit was decreed ex parte by the judgment and decree dated 26-7-1984 which is evident from Annexures-C and D.......nts are further directed to inform this Court about the compliance thereof within 45 days from the date of the receipt of this judgment. Ed. This Case is also Reported in: 62 DLR (HCD) (2010) 31...Category: Property Law | Date: | Hits: 69
Saroj Kumar Sarker and others Vs. Manoj Kumar Sarkar, 2007, 36 CLC (HCD)
....ar Sarker, left for India in the year 1952 and died there in the year 1954 and on his death they have inherited his share. 4. The aforesaid two suits were heard analogously and by the judgment and decree dated 31-8-1987, the learned Subordinate Judge dismissed the Suit No.138 of 1985 filed by the...... Manikgonj is withdrawn and transferred 1othis Court for hearing along with the First Appeal No.15 of 1988 analogously. Communicate. Ed. This Case is also Reported in: 62 DLR (HCD) (2010) 25...Category: Property Law | Date: | Hits: 68
.... of the instant dispute. These two CS Khatians were recorded in the name of the tenant Sharafatullah under the landlord Bhowal Raj Estate.
3. Petitioners' case is that the said landlord got a rent decree against the said tenant for arrear of rents in respect of CS Khatian No. 330, put the decree ......n the result, we find no substance in this writ petition. The rule is accordingly discharged, butt them will be no order as to costs.
Ed.
This Case is also Reported in: 45 DLR (HCD) (1993) 289.
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Category: Property Law | Date: | Hits: 125
Nowazullah and another Vs. Waz Khatun & another, 1990, 19 CLC (HCD)
....cates ‑ For the Opposite Parties. Civil Revision No.1027 of 1982. Judgment Kazi Ebadul Hoque J.- This Rule issued on 4.6.82 is at the instance of the plaintiff challenging the judgment and decree dated 24.2.82 passed by the Subordinate Judge, 1st Court, Patiya in Other Appeal No.3 of 1980...... reconveyance. In the result, the Rule is discharged but without any order as to costs. Let the records be sent down immediately. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 279...Category: Property Law | Date: | Hits: 57
....tuted Title Suit No.34 of 1962 against defendant Nos.4 and 5 and predecessor of defendant Nos.6-10 for declaration of title to the suit land and recovery at khas possession of the land and obtained a decree in respect of the suit land. The predecessor of the defendant No.1 put the decree of Title Su......rder of Trial Court is liable to be restored and accordingly restored.
Accordingly, the appeal is allowed without any order as to costs.
Ed.
This Case is also Reported in: VIII ADC (2011) 302...
Category: Property Law | Date: | Hits: 65
Md. Farid Hossain and others Vs. Md. Abul Hossain and another, 2009, 38 CLC (AD)
....not be transposed from the category of defendant to the category of the plaintiff. The learned Advocate-on-Record further submitted that if the plainÂtiff would have been alive and the suit would be decreed this defendant-appellant would get nothing and if the suit would be dismissed then she as de...... difÂferent and distinguishable which has no manner of application. Accordingly, the appeal is allowed without any order as to costs. Ed. This Case is also Reported in: VIII ADC (2011) 297. ..Category: Property Law | Date: | Hits: 65
....000 in 2006 in accorÂdance with Section 53 of the Contract Act, 1872. Oh 28th November, 2006, the respondent No.2 filed the Artha Rin Suit on the basis of the said buy-back agreeÂment praying for a decree of TK.17, 624,775.00 (including interest) against the appellants. On 8th July, 2007, the appe......ivision, we do not find any merit in the appeals of the appellant and accordingly the appeal is dismissed withÂout any order as to cost.
Ed.
This Case is also Reported in: VIII ADC (2011) 240.
..
Category: Civil Law | Date: | Hits: 78
Badsha (Md.) Miah and others Vs. Soleman Nessa Bibi and others, 1988, 17 CLC (HCD)
....or the Appellants. Muhammad Abdul Haque, Advocate ‑ For the Respondents. Second Appeal No. 192 of 1966. Judgment Abdul Bari Sarker J. - This appeal is directed against the judgment and decree passed by Mr. Sk Sanyal, Subordinate Judge, Additional Court, Jessore, in Title Appeal No. 6 ...... and he seeks 2(two) months' time for the purpose. The prayer is allowed. Let the operation of this judgment be stayed for 2 (two) months. Ed. This Case is also Reported in: 43 DLR (1991) 646...Category: Property Law | Date: | Hits: 70
Refazuddin Mondal Vs. Abdul Razzaque @ Rezaul Karim & others, 1989, 18 CLC (HCD)
....ure speaks that in original matter in the nature of suit like pre‑emption proceeding principle of res judicata can have application inasmuch as the order passed in such proceeding has the effect of decree. 8. Admittedly, the previous pre‑emption proceeding was disallowed by the trial Court on...... for any interference. In the result, the Rule is discharged without any order as to costs. Send down the lower Court's record at once. Ed. This Case is also Reported in: 43 DLR (1991) 644...Category: Property Law | Date: | Hits: 68
Hameeda Banu Vs. AFM Naziruddin, 1990, 19 CLC (HCD)
....n Haider, Advocates ‑For the Respondent. First Appeal No. 32 of 1983. Judgment Mohammad Ismailuddin Sarker J. -This appeal by the defendant‑appellant is directed against the judgment and decree dated 31.7.83 passed by the learned Subordinate Judge, 3rd Court, Dhaka in Tide Suit No. 226 ......with the appellant, that the appellant filed Title Suit No. 292 of 1980 un 30.9.80 for dissolution of marriage with the respondent which was decreed on 25.2.82 when the appellant agreed to forego her dower money. There are overwhelming documentary evidence that the building was constructed by the re..Category: Property Law | Date: | Hits: 110
Haji Md. Ishaque and others Vs. Rupali Bank, 1990, 19 CLC (HCD)
....tiff appellants filed Other Suit No. 32 of 1986 in the said Court against the principal defendant respondent No. 1, Rupali Bank and other proforma respondents for declaring the ex‑parte preliminary decree dated 16.1.1986 and final decree dated 2.6.1986 passed in the said suit as illegal, fraudulen......uit and the Court below rightly rejected the plaint. In the result the appeal is dismissed with costs to the defendant respondent No. 1. Ed. This Case is also Reported in: 43 DLR (1991) 621. ..Category: Procedural Law | Date: | Hits: 67
....defendant Nos. 1 and 2 of whom defendant Nos. 3 and 4 are local agents and that if the said ship left the country after discharging the cargo, the plaintiff petitioner will not be able to execute the decree and the decree eventually passed will be frustrated. After hearing the plaintiff‑petitioner......nished there is no merit in these two revisional applications.
In the result, these Rules are discharged without any order as to costs.
Ed.
This Case is also Reported in: 43 DLR (1991) 617.
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Category: Admiralty Law or Maritime Law | Date: | Hits: 186
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