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Government of Bangladesh and another Vs. Lutfun Nessa and others, 2010, 39 CLC (AD)
....n the submissions of the learned Counsel for the petitioners. Accordingly, the petitions are disÂmissed. Ed. This Case is also Reported in: 16 MLR (AD) (2011) 141, VIII ADC (2011) 189. ...... Division (Civil) Present: Mohammad Fazlul Karim CJ Shah Abu Nayeem Mominur Rahman J ABM Khairul Haque J Md. Muzammel Hossain J Surendra Kumar Sinha J Government of Bangladesh and another………..Petitioners (In Civil Petition No.1996 of 2009.) Nurul Absar Shaheen……â......n the submissions of the learned Counsel for the petitioners. Accordingly, the petitions are disÂmissed. Ed. This Case is also Reported in: 16 MLR (AD) (2011) 141, VIII ADC (2011) 189. ......owners of the suit lands and they never possessed the same; that deeds executed by Adhor Chand and Amor Chand in favour of the predecessor of the appellants were forged and collusive, the suit of the plaintiff was maintainable: that Ext-Ga and Ga(1), the disputed deeds proved that the original defen..Category: Property Law | Date: | Hits: 93
Sudhansu Kumar Barai and others Vs. Abul Hashem and others, 1990, 19 CLC (HCD)
....tioned that the defendants shall be at liberty to agitate this question when the issues are framed. There shall be no order as to costs. Ed. This Case is also Reported in: 43 DLR (1991) 327. ....... This Case is also Reported in: 43 DLR (1991) 327. ......tioned that the defendants shall be at liberty to agitate this question when the issues are framed. There shall be no order as to costs. Ed. This Case is also Reported in: 43 DLR (1991) 327. ......y Mr. Manjur Kader, Upazila Munsif, Banaripara in Title Suit No.12 of 1985 refusing to dismiss the suit as being barred by res judicata. 2. Opposite party No.1 namely, Abul Hashem Howlader being a plaintiff brought the suit praying for declaration of title and confirmation of possession in certai..Category: Property Law | Date: | Hits: 80
Sadharan Bima Corporation Vs. Bangladesh Shipping CorÂporation and others, 1990, 19 CLC (HCD)
....ependently in accordance with law. Parties are at liberty to take back their respective documents and Exhibits on giving proper receipt. Ed. This Case is also Reported in: 43 DLR (1991) 322. ...... Court High Court Division (Admiralty Jurisdiction) Present: Md. Mozammel Hoque J Sadharan Bima Corporation........................Plaintiff Vs. Bangladesh Shipping CorÂporation and others.............Defendants. Judgment June 12, 1990. Cases Referred to- Al‑Say......ependently in accordance with law. Parties are at liberty to take back their respective documents and Exhibits on giving proper receipt. Ed. This Case is also Reported in: 43 DLR (1991) 322. ......gment Md. Mozammel Hoque J. - This is an application filed by Defendant No. 1 petitioner under Order 7, rule 10 read with section 151 of the Code of Civil Procedure for return of the plaint to the plaintiff. 2. The plaintiff instituted the present suit on 16.6.84 claiming a decree for compensa..Category: Admiralty Law or Maritime Law | Date: | Hits: 175
Abdus Sobhan Vs. Harekrishna Kundu and another, 1988, 17 CLC (HCD)
....,000.00 (Tk. five thousand) only as damages. In the result, the appeal is allowed. Since there is no appearance we do not award any costs. Ed. This Case is also Reported in: 43 DLR (1991) 314.......ivision (Civil Appellate Jurisdiction) Present: Latifur Rahman J Anwarul Hauqe Chowdhury J Abdus Sobhan…………………......................Appellant Vs. Harekrishna Kundu and another............Respondents. Judgment September 1, 1988. Lawyers Involved: Abdus......,000.00 (Tk. five thousand) only as damages. In the result, the appeal is allowed. Since there is no appearance we do not award any costs. Ed. This Case is also Reported in: 43 DLR (1991) 314.......dus Sobhan, the appellant appears in person. Not represented-the Opposite Party. Appeal from Original Decree No. 5 of 1975. Judgment Latifur Rahman J. - This appeal at the instance of the plaintiff is directed against the judgment and decree passed by the Subordinate Judge 3rd Court, Dha..Category: Civil Law | Date: | Hits: 89
Government of Bangladesh Vs. Abdul Wahid Sheikh (dead) his heirs & others, 1990, 19 CLC (HCD)
....gment delivered by the learned Subordinate Judge also abates. The appeal is, accordingly, disposed of. There shall be no order as to costs. Ed. This Case is also Reported in: 43 DLR (1991) 308. .......................................Appellant Vs. Abdul Wahid Sheikh (dead) his heirs & others .............Respondents. Judgment January 28, 1990. Cases Referred to- Abdul Mannan and others Vs. Kulada Ranjan Mowali and others, 31 DLR (AD) 195; Makku Mia & others Vs. Ali Hoss......gment delivered by the learned Subordinate Judge also abates. The appeal is, accordingly, disposed of. There shall be no order as to costs. Ed. This Case is also Reported in: 43 DLR (1991) 308. ......tle Suit No. 108 of 1966. 2. Respondent Nos. 1‑14 instituted the suit praying for declaration of their raiyati right to the disputed land measuring 29.82 described in the schedule to the plaint, plaintiffs' case is that plaintiff No. 1 along with predecessors‑in‑interest of the plaintiffs 2..Category: Property Law | Date: | Hits: 77
Rustom Ali Vs. Jamila Khatun, 1990, 19 CLC (HCD)
....all be modified accordingly and all other reliefs granted by them shall remain undisturbed. The parties shall bear their respective costs. Ed. This Case is also Reported in: 43 DLR (1991) 301.......aintiff appellant Vs. Sheikh Muhammad Bashir, Defendant‑respondent, PLD, 1958 (WP) (Lahore), 596; A Fulteh Moulvie, defendant Vs. Zabunnessa Khatun, plaintiff, Indian decision (Cal) 1881, Vol‑III and ILR 6 and 7 Calcutta 631. Lawyers Involved: Gour Gopal Saha, Advocate- For the Petitioner.......all be modified accordingly and all other reliefs granted by them shall remain undisturbed. The parties shall bear their respective costs. Ed. This Case is also Reported in: 43 DLR (1991) 301.......Rustom Ali................................. Petitioner Vs. Jamila Khatun .............................Opposite Party. Judgment June 19, 1990. Cases Referred to- Mst. Ghulam Fatima, plaintiff appellant Vs. Sheikh Muhammad Bashir, Defendant‑respondent, PLD, 1958 (WP) (Lahore), 596..Category: Family Law | Date: | Hits: 253
Captain Shamsul Alam Chowdhury Vs. Shirin Alam Chowdhury, 1991, 20 CLC (HCD)
....l made by the petitioner under section 17 of the Family Courts Ordinance on merit in accordance with law. There will be no order as to costs. Ed. This Case is also Reported in: 43 DLR (1991) 297.......cate ‑ For the Opposite Party. Civil Revision No. 832 of 1990. Judgment Mainur Reza Chowdhury J. - This Rule was issued calling upon the opposite party to show cause as to why the judgment and order dated 18.4.90 passed by the District Judge, Dhaka in Misc. Appeal No. 71 of 1990 should no......l made by the petitioner under section 17 of the Family Courts Ordinance on merit in accordance with law. There will be no order as to costs. Ed. This Case is also Reported in: 43 DLR (1991) 297.......h means the formal expression of any decision by Court. 12. In the case of Moinuddin Md. Vs. Amina Khan Mojlish reported in 42 DLR (1990) page 483 referred to by the lawyer for the petitioner, the plaintiff respondent instituted Money Suit No. 15 of 1986 before the Family Court (3rd Court of Muns..Category: Family Law | Date: | Hits: 230
....lt this appeal is allowed and the suit is dismissed. In view of the facts and circumstances of the case there will be no order as to costs.
Ed.
This Case is also Reported in: 43 DLR (1991) 286.
......late Jurisdiction)
Present:
Mohammad Ismailuddin Sarker
Muhammad Ansar Ali J
Sadharan Bima Corporation ..............................................Appellant
Vs.
The Dhaka Dyeing and Manu facturing Company Limited.....................Respondent.
Judgment
March 15, 1990.......lt this appeal is allowed and the suit is dismissed. In view of the facts and circumstances of the case there will be no order as to costs.
Ed.
This Case is also Reported in: 43 DLR (1991) 286.
......the defendant and it is directed against the 4 judgment and order dated 28‑5‑85 passed by the learned Subordinate Judge and Commercial Court No. II, Dhaka in Title Suit No. 338 of 1984.
2. The plaintiff‑respondent, the Dhaka Dyeing and Manufacturing Company Limited, filed the aforesaid suit..
Category: Alternative Dispute Resolution | Date: | Hits: 170
....tion. The rule is accordingly discharged without any order as to costs.
The order of stay granted earlier by this Court is hereby vacated.
Ed.
This Case is also Reported in: 43 DLR (1991) 282...................................................Opposite Parties.
Judgment
September 24, 1990.
Cases Referred to-
Golam Hafez Mia Vs. Khadem Ali Mia, 29 DLR (SC) 311; Sultan Ahmed Vs. Puma Chandra Karmakar and others, 28 DLR 131; Alokeshi Bank Vs. Aftabuddin, 13 DLR 871; Daguram Mandal Vs. ......tion. The rule is accordingly discharged without any order as to costs.
The order of stay granted earlier by this Court is hereby vacated.
Ed.
This Case is also Reported in: 43 DLR (1991) 282.......Suit No. 372 of 1984. The learned Assistant Judge by the said order allowed the amendment of the plaint in respect of schedule attached to the plaint.
2. The petitioner's case in short is that the plaintiff‑opposite‑parties instituted Title Suit No. 288 of 1976 in the 2nd Court of Munsif, Dha..
Category: Property Law | Date: | Hits: 146
....formance of contract is dismissed.
There will, however, be no order as to costs. Let the lower Court's records be sent down immediately.
Ed.
This Case is also Reported in: 43 DLR (1991) 256.
......ivision
(Civil Appellate Jurisdiction)
Present:
Md. Mozammel Hoque J
Habibur Rahman Khan J
Bangladesh Chemical Industries Corporation & others................Appellants
Vs.
Grand Basia Company Limited & others ...................................Respondents.
Judgment
......formance of contract is dismissed.
There will, however, be no order as to costs. Let the lower Court's records be sent down immediately.
Ed.
This Case is also Reported in: 43 DLR (1991) 256.
......el Hoque J. - This appeal is directed against the judgment and decree dated 27.5.84 passed by the Subordinate Judge, 4th Court, Dhaka in Title Suit No. 952 of 1981 decreeing the suit in favour of the plaintiff.
2. The defendants are the appellants before this Court. The plaintiff‑respondent, a ..
Category: Property Law | Date: | Hits: 73
Mosharraf Hossain Mia Vs. Mosammat Hasina Begum and others, 1990, 19 CLC (HCD)
....mpugned order of the learned Subordinate Judge is set aside. The learned Subordinate Judge should dispose of the suit as early as possible. Ed. This Case is also Reported in: 43 DLR (1991) 254. ......Division (Civil Revisional Jurisdiction) Present: Abdul Bari Sarkar J Abdul Hasib J Mosharraf Hossain Mia ...................................Petitioner Vs. Mosammat Hasina Begum and others...............Opposite Parties. Judgment May 13, 1990. Lawyers Involved: Abdu......mpugned order of the learned Subordinate Judge is set aside. The learned Subordinate Judge should dispose of the suit as early as possible. Ed. This Case is also Reported in: 43 DLR (1991) 254. ......e opposite parties filed the above suit for declaration that the five kabalas executed by the defendants on 7.4.84, 6.5.84 and 13.5.84 are illegal, void and not binding upon the Wakf Estate, etc. The plaintiffs also filed an application for injunction to restrain the defendants from changing the nat..Category: Property Law | Date: | Hits: 85
Marida Begum and others Vs. Moulavi Md. Hasan and others, 1989, 18 CLC (HCD)
..... The plaints of Title Suit Nos. 86 of 1973 and 94 of 1973 be rejected. The Rules are accordingly made absolute. I make no order as to costs. Ed. This Case is also Reported in: 43 DLR (1991) 242....... no order as to costs. Ed. This Case is also Reported in: 43 DLR (1991) 242........ The plaints of Title Suit Nos. 86 of 1973 and 94 of 1973 be rejected. The Rules are accordingly made absolute. I make no order as to costs. Ed. This Case is also Reported in: 43 DLR (1991) 242....... Rules are being disposed of under this judgment as they arise out of the same facts tried in two different suits. Both the suits, being Title Suit Nos. 86 of 1973 and 94 of 1973, were brought by the plaintiffs of the suits for declaration that the orders passed by the Certificate Officer, Chittagon..Category: Civil Law | Date: | Hits: 79
Fahim Al Haque (Minor) and another Vs. Mohammad Abdul Aziz and others, 1990, 19 CLC (HCD)
....e suit as expeditiously as possible preferably within six months from the date of receipt of this order if the suit is otherwise found ready. Ed. This Case is also Reported in: 43 DLR (1991) 226.......is also Reported in: 43 DLR (1991) 226.......e suit as expeditiously as possible preferably within six months from the date of receipt of this order if the suit is otherwise found ready. Ed. This Case is also Reported in: 43 DLR (1991) 226.......he petitioners in this application. It is their case that they filed a suit being title Suit No. 35 of 1986 in the Court of the learned Subordinate Judge, Faridpur for partitioning the suit land. The plaintiffs after filing the suit filed an application under Order 39 rules 1 and 2 of the Code of Ci..Category: Property Law | Date: | Hits: 59
Dewan Mohammad Safare Ali & others Vs. People's Republic of Bangladesh, 1990, 19 CLC (HCD)
....ance with the principle laid down in Order XLI Rule 21 of the CPC. In the result, the rule is made absolute without any order as to costs. Ed. This Case is also Reported in: 43 DLR (1991) 221.......r the Petitioner. Mashuk Hossain Ahmed, Assistant Attorney General ‑For the State. Civil Revision No 397 of 1986. Judgment Syed Fazle Ahmed J. - This Rule calls in question the legality and propriety of the judgment and decree dated 3.12.85 and 9.12.85 respectively passed by Additional......ance with the principle laid down in Order XLI Rule 21 of the CPC. In the result, the rule is made absolute without any order as to costs. Ed. This Case is also Reported in: 43 DLR (1991) 221.......ng the judgment and decree dated 10.7.83 and 20.7.83 passed by Munsif 1st Court, Tangail in OC suit No. 590 of 1981. 2. Facts giving rise to this Rule may briefly be stated thus: Petitioners as plaintiffs instituted the suit in the 1st Court of Munsif, Tangail being OC suit No. 590 of 1981 for..Category: Property Law | Date: | Hits: 60
Bangladesh Inland Water Transport Corporation Vs. Nazma Transport Company, 1991, 20 CLC (HCD)
.... Court and the Marine Court is at liberty to proceed with the proceeding in accordance with law. There shall be no order as to costs. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 152. ...... as to costs. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 152. ...... Court and the Marine Court is at liberty to proceed with the proceeding in accordance with law. There shall be no order as to costs. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 152. ......or the Plaintiff. Khondker Mahbubuddin Ahmed with Khondker AM Mohsenuddin, Advocates ‑ For the Defendant. Admiralty Suit No. 21 of 1987. Judgment Md. Mozammel Hoque J.- In this suit the plaintiff has prayed for a decree for an amount of Tk. 22,949.00 against the defendant alleging, int..Category: Admiralty Law or Maritime Law | Date: | Hits: 164
Malik Mohammad Amin Anowar Vs. Shahjahan Mia and others, 1990, 19 CLC (HCD)
....atus quo in respect of both movable or immovable properties in dispute. Let the matter come up in the list for hearing on 26.7.90. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 150. ......(1993) 150. ......atus quo in respect of both movable or immovable properties in dispute. Let the matter come up in the list for hearing on 26.7.90. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 150. ......ff‑Petitioner. Not represented‑ the Petitioner‑Opposite Party. Civil Revision No. 485 of 1987. Judgment DM Ansaruddin Ahmed J.- This is an application by opposite party respondent‑plaintiff for vacating the judgment passed ex parte on 13.02.90 making absolute the Rule issued in C..Category: Procedural Law | Date: | Hits: 73
Agragami Engineers Ltd. Vs. Bangladesh Bank and others, 1992, 21 CLC (HCD)
....bound by the submission. In the result, this Rule is discharged with the observations as stated above without any order as to costs. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 134.......rt High Court Division (Special Original Jurisdiction) Present: Anwarul Hoque Choudhury J KM Hasan J Agragami Engineers Ltd.....................Petitioner Vs. Bangladesh Bank and others…………………Respondents Judgment November 17, 1992. Cases Referred To- ......bound by the submission. In the result, this Rule is discharged with the observations as stated above without any order as to costs. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 134.......ioned in the tender form, then an argument could be advanced for seeking the protection of the inchoate right of the tenderer. But that is not the case here. In this suit the only ground was that the plaintiff was the lowest tenderer and his case was that the acceptance of the tender of the defendan..Category: Others | Date: | Hits: 123
Provas Chandra Banik Vs. Naresh Chandra Banik and others, 2009, 38 CLC (AD)
....e find no substance in the submission of the learned Advocate for the petitioner. The leave petition is thus dismissed having no merit. Ed. This Case is also Reported in: 16 BLC (AD) (2011) 62. ......ase is also Reported in: 16 BLC (AD) (2011) 62. ......e find no substance in the submission of the learned Advocate for the petitioner. The leave petition is thus dismissed having no merit. Ed. This Case is also Reported in: 16 BLC (AD) (2011) 62. ......rsing the judgment and decree dated 19-9-2000 passed by the learned Senior Assistant Judge, Sarail, Brahmanbaria in Title Suit No.16 of 1993. 2. Facts, in short, are that respondent Nos.1 and 2 as plaintiffs brought Title Suit No. 211 of 1981 for declaration that the alleged deed of gift is illeg..Category: Property Law | Date: | Hits: 75
Saifur Rahman Vs. Government of Bangladesh, 1990, 19 CLC (HCD)
....d 19.11.86 as at Annexure 'H' and Tare declared to be without lawful authority and are of no legal effect. There is no order as to cost. Ed. This Case is also Reported in: 43 DLR (1991) 210. ......Roy Chowdhury J Naimuddin Ahmed J Saifur Rahman………………………………………………..Petitioner. Vs. Government of Bangladesh, represented by the Secretary, Ministry of Land AdministraÂtion and Land Reforms, DhaÂka and others…………………..Respondents. Judg......d 19.11.86 as at Annexure 'H' and Tare declared to be without lawful authority and are of no legal effect. There is no order as to cost. Ed. This Case is also Reported in: 43 DLR (1991) 210. ......titioner also contested the suit by filing a separate written statement. A prayer was made in the said suit by the present petitioner and other defendants for temporary injunction for restraining the plaintiffs of that suit including the respondent No. 4 of this writ petition from entering into the ..Category: Property Law | Date: | Hits: 63
Boynuddin and others Vs. Azimuddin and others, 1989, 18 CLC (HCD)
....with costs and the order dated 27.3.73 is set aside and the miscellaneous case under section 47 of the Code of Civil Procedure is restored. Ed. This Case is also Reported in: 43 DLR (1991) 207. ......ored. Ed. This Case is also Reported in: 43 DLR (1991) 207. ......with costs and the order dated 27.3.73 is set aside and the miscellaneous case under section 47 of the Code of Civil Procedure is restored. Ed. This Case is also Reported in: 43 DLR (1991) 207. ......n under section 151 of the Code of Civil Procedure for restoration of an objection under section 47 of the said Code. 2. The facts which gave rise to this Rule are that one Hakimuddin Pramanik, as plaintiff, instituted a suit in the Court of the learned Munsif, Sadar, Rajshahi being OC Suit No. 1..Category: Procedural Law | Date: | Hits: 83
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