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Husne Ara Begum and another Vs. Saiful Alam (Md.) and others, 2011, 40 CLC (HCD)
....ordingly. The learned Judge is directed to proceed with suit in accordance with law. Communicate this order at once. Ed. This Case is also Reported in: 65 DLR (HCD) (2013) 34. ...... in: 65 DLR (HCD) (2013) 34. ......ordingly. The learned Judge is directed to proceed with suit in accordance with law. Communicate this order at once. Ed. This Case is also Reported in: 65 DLR (HCD) (2013) 34. ......at the vendor of the opposite party is party to Other Suit No.61 of 2008 and Other Suit No.80 of 2008 and petitioner having in possession by deed of heba-bil-ewaj and also by oral gift from vendor of plaintiff opposite party, as such the applicant petitioners are necessary party in the instant suit ..Category: Civil Law, Procedural Law | Date: 1 Dec, 2011 | Hits: 4
Nazir Ahmed and others Vs. Fajal Ahmed & others, 2011, 40 CLC (HCD)
....l bear their respective costs. Send down the lower Court records with a copy of the judgment to the trial Court forthwith. Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 260. ......rted in: 18 BLC (HCD) (2013) 260. ......l bear their respective costs. Send down the lower Court records with a copy of the judgment to the trial Court forthwith. Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 260. ...... November 23, 2011. Result: The appeal is allowed Adverse possession neither pleaded nor any evidence lent Adverse possession was neither pleaded nor any evidence was lent by the plaintiffs, findings arrived at by the trial court is no doubt a gratuitous one which is not at all ..Category: Civil Law | Date: 23 Nov, 2011 | Hits: 7
Md. Asgar Ali Vs. Md. Shahidul Islam P.K. and others, 2011, 40 CLC (AD)
....ove, we do not find any merit in the appeal and accordingly, the same is dismissed, however, without any order as to cost. Ed. This Case is also Reported in: 18 MLR (AD) (2013) 39. ......n J Muhammad Imman Ali J Muhammad Mamtaz Uddin Ahmed J Md. Shamsul Huda J Md. Asgar Ali........................................Appellant Vs. Md. Shahidul Islam P.K. and others .........Respondents Judgment November 15, 2011. Result: The appeal......ove, we do not find any merit in the appeal and accordingly, the same is dismissed, however, without any order as to cost. Ed. This Case is also Reported in: 18 MLR (AD) (2013) 39. ...... dismissed. Onus and presumption as to service of summons In case of allegation of non-service of summons upon the defendant/opposite party, as the case may be, the onus is upon the plaintiff/petitioner that the summons of the suit or the case was served upon the defendant/opposit..Category: Procedural Law | Date: 15 Nov, 2011 | Hits: 7
Hafizul Islam Chowdhury (Md.) Vs. Bangladesh and others, 2011, 40 CLC (HCD)
....; Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 470. ...... High Court Division (Civil Revisional Jurisdiction) Present: Md. Mizanur Rahman Bhuiyan J Hafizul Islam Chowdhury (Md.)................Petitioner Vs. Bangladesh and others …………………………..Opposit......; Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 470. ......ict Judge, 1st Court, Gazipur in Title Suit No. 12 of 1999 who decreed the suit for declaration. 2. The facts involved for disposal of the Rule are as follows:- The petitioner and others as plaintiffs instituted a suit for declaration. The defendant Range Officer contested the case. ..Category: Property Law | Date: 19 Oct, 2011 | Hits: 4
Elite Lamps Ltd. Vs. Government of Bangladesh and others, 2011, 40 CLC (HCD)
....ithin one month from the date trial Court receives a copy of this Judgment. Communicate a copy of the Judgment at once. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 62. ......ecial Original Jurisdiction) Present: Md. Ashfaqul Islam J M Moazzam Husain J Elite Lamps Ltd……………………………Petitioner Vs. Government of Bangladesh and others……………………………….Respondents Judgment October 16, 2011. ......ithin one month from the date trial Court receives a copy of this Judgment. Communicate a copy of the Judgment at once. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 62. ......tors is the controlling body of the bank and its decision is final in matters of the affairs of the Bank. The resolution to write off taken by the Board has the force of law and is binding upon the plaintiff. The Board decision creates a legal obligation for the Bank to write off the entire in ..Category: Civil Law | Date: 16 Oct, 2011 | Hits: 7
Renuza Begum and others Vs. Md. Waziullah Mia and others, 2011, 40 CLC (AD)
....tract. There is no merit in these appeals. The appeals are, therefore, dismissed without, however, no order as to costs. Ed. This Case is also Reported in: 18 BLC (AD) (2013) 201. ......vil) Present: Md. Muzammel Hossain CJ SK Sinha J MA Wahhab Miah J Syed Mahmud Hossain J Md. Imman Ali J Md. Shamsul Huda J Renuza Begum and others..................Appellant Vs. Md. Waziullah Mia and others...............Resp......tract. There is no merit in these appeals. The appeals are, therefore, dismissed without, however, no order as to costs. Ed. This Case is also Reported in: 18 BLC (AD) (2013) 201. ...............Respondents Judgment October 11, 2011. Result: The appeals are dismissed. The Specific Relief Act, 1877 (Act No. I of 1877); section 27 (b) A plaintiff may seek a decree for specific performance against a subsequent purchaser if he claims ti..Category: Contract Law | Date: 11 Oct, 2011 | Hits: 11
Victor Simon Paat and other Vs. M.V. Accord and others, 2011, 40 CLC (HCD)
....The plaintiff will be entitled to execute the decree against the sale proceed of the vessel M. V. ACCORD, now remaining in the Marshal account of this court. Ed. This Case is also Reported in: ......g Director, Viking Associates Ltd. Hossain Chamber 1st Floor, 105, Agrabad, Chittagong, Local Agent of M. V. Accord….............Principal Defendants 6. The Chairman, Chittagong Port Authority, Bandar Bhaban, Police Station-Bandar, District-Chittagong. 7. The Harbour Master, Chittagong Port ......The plaintiff will be entitled to execute the decree against the sale proceed of the vessel M. V. ACCORD, now remaining in the Marshal account of this court. Ed. This Case is also Reported in: ......ust 17, 2011, August 18, 2011 & August 23, 2011. Result: The suits are decreed-in-part. Lawyers Involved A.J. Mohammed Ali, Senior Advocate With Ms. Rubaiyet Hossain, Advocate-For the plaintiffs. M. Moksadul Islam, Advocate-For the defendant Nos.2 & 3. Admiralty Suit No.28 ..Category: Admiralty Law or Maritime Law | Date: 23 Aug, 2011 | Hits: 87
Md. Rustom Ali and others Vs. State, 2011, 40 CLC (HCD)
....t, the appeal is dismissed. The stay granted at the time of issuance of the Rule is vacated. Communicate a copy of the judgment. Borhanuddin J.-I agree. Ed. This Case is also Reported in: ......n J.-I agree. Ed. This Case is also Reported in: ......t, the appeal is dismissed. The stay granted at the time of issuance of the Rule is vacated. Communicate a copy of the judgment. Borhanuddin J.-I agree. Ed. This Case is also Reported in: ...... the Penal Code and is now pending in the Court of Chief Metropolitan Magistrate, Dhaka. 10. It further appears from the plaint of Title Suit No. 6451 of 2008 that appellant No.1 Md. Rustom Ali as plaintiff instituted that suit against respondent No.2 Shewly Akhter, her brother-in law Golam Mosto..Category: Women and Children | Date: 14 Aug, 2011 | Hits: 91
Abdul Aziz Vs. Most. Kutisona Bibi and others, 2011, 40 CLC (AD)
.... the light of observations made above. The impugned judgment is set aside. This civil petition for leave to appeal is thus disposed of. Ed. This Case is also Reported in: 9 ADC (2012) 190. ......inha J Md. Abdul Wahhab Miah J Nazmun Ara Sultana J Syed Mahmud Hossain J Muhammad Imman Ali J Muhammad Mamtaz Uddin Ahmed J Abdul Aziz being dead his heirs:- 1(a) Asia Khatoon and others……………………..Petitioners Vs. 1(a) Most. Kutisona Bibi and others............. the light of observations made above. The impugned judgment is set aside. This civil petition for leave to appeal is thus disposed of. Ed. This Case is also Reported in: 9 ADC (2012) 190. ......vision in Civil Revision No. 3330 of 1991. 2. The relevant facts necessary for disposal of this civil petition for leave to appeal, in short, are as follows:— 3. The present petitioners, as plaintiffs, filed Title Suit No.500 of 1983 against the present defendant-respondents in the court o..Category: Property Law | Date: 24 Jul, 2011 | Hits: 71
Ayat Steel Limited Vs. Mohammad Ali and others, 2011, 40 CLC (AD)
.... with no option but to maintain the judgment of the High Court Division. Accordingly, the leave petition is dismissed. Ed. This Case is also Reported in: 21 BLT (AD) (2013) 123. ......Mahmud Hossain J Muhammad Imman Ali J Muhammad Mamtaz Uddin Ahmed J Md. Shamsul Huda J Ayat Steel Limited………………………….....Petitioner Vs. Mohammad Ali and others................ Respondents Judgment July 17, 2011. Result: The leav...... with no option but to maintain the judgment of the High Court Division. Accordingly, the leave petition is dismissed. Ed. This Case is also Reported in: 21 BLT (AD) (2013) 123. ......erty and that the respondents have been threatening to dispossession. 3. Respondent Nos.1-3 contested the prayer for temporary injunction by filing written objections refuting the claim of the plaintiff-petitioner claiming that Islami Bank Bangladesh Limited, the respondent No.2 got a decree..Category: Civil Law | Date: 17 Jul, 2011 | Hits: 7
M/S. Hasan Vegetable Oil Mills Ltd. Vs. M. T. SCEPTRE, 2011, 40 CLC (HCD)
.... as to costs. The Bank Guarantee submitted by the defendants earlier be returned immediately to the filing Advocate on behalf of the defendant Nos.1 and 3. Ed. This Case is also Reported in: ......lso Reported in: ...... as to costs. The Bank Guarantee submitted by the defendants earlier be returned immediately to the filing Advocate on behalf of the defendant Nos.1 and 3. Ed. This Case is also Reported in: ...... 1957 Karachi 315; Gladstone Wyllie and Co. Ltd. Vs. Shahidi Trading Corporation Ltd. , 10 DLR 307. Lawyers Involved: Md. Mizanul Haq Chowdhury, Adv. With Hasan Mohammed Riyed, Advocate-For the plaintiff. M. Hafizullah, Sr. Adv. With Muhammad Ohiullah, Advocate-For the respondent Nos.1, 2 &..Category: Admiralty Law or Maritime Law | Date: 17 Jul, 2011 | Hits: 61
Abul Bashar Vs. Abul Kashem and others, 2011, 40 CLC (HCD)
....rder without giving any unnecessary adjournment to the parties. Send down the lower Court records. Communicate this order at once. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 199. ...... Supreme Court High Court Division (Civil Revisional Jurisdiction) Present: Sharif Uddin Chaklader J Abul Bashar…………………………Plaintiff-Petitioner Vs. Abul Kashem and others…………………………Defendant Opposite Parties Judgment June 23, 2011. ......rder without giving any unnecessary adjournment to the parties. Send down the lower Court records. Communicate this order at once. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 199. ......Nos.1(a) to 1(k). Civil Revision Nos.4488 and 4490 of 1995. Judgment Sharif Uddin Chaklader J.- These two Rules by the same petitioner, in Civil Revision No.4488 of 1995 petitioner was plaintiff and in Civil Revision No.4490 of 1995 petitioner was defendant. Civil Revision No.4488 of ..Category: Civil Law | Date: 23 Jun, 2011 | Hits: 44
Sonali Bank Limited Vs. Abdul Malek and another, 2011, 40 CLC (HCD)
....w that this Civil Petition for Leave to Appeal has no merit and is, accordingly dismissed, without, however, any order as to costs. Ed. This Case is also Reported in: VIII ADC (2011) 649. ......taz Uddin Ahmed J Md. Shamsul Huda J Sonali Bank Limited, represented by its Manager, Kangshanagar Branch, Comilla………………………………Petitioner Vs. Abdul Malek and another……………………..Respondents Judgment June 22, 2011. Result: ......w that this Civil Petition for Leave to Appeal has no merit and is, accordingly dismissed, without, however, any order as to costs. Ed. This Case is also Reported in: VIII ADC (2011) 649. ......hat the respondent No.1 (defendant No.1 in the Artha Rin Case) took loan of Tk.3,94,000/- under the "Power of Driving Vehicle Scheme, 1987" from the Sonali Bank Limited, Kangshanagar Branch, Comilla (plaintiff in the Artha Rin Case and petitioner herein). The loan was taken to purchase a bus and i..Category: Banking Law | Date: 22 Jun, 2011 | Hits: 162
Sonali Bank Limited Vs. Abdul Malek and another, 2011, 40 CLC (HCD)
....w that this Civil Petition for Leave to Appeal has no merit and is, accordingly dismissed, without, however, any order as to costs. Ed. This Case is also Reported in: VIII ADC (2011) 649. ......Muhammed Mamtaz Uddin Ahmed J Md. Shamsul Huda J Sonali Bank Limited, represented by its Manager, Kangshanagar Branch, Comilla……………………Petitioner Vs. Abdul Malek and another……………………..Respondents Judgment June 22, 2011. Result: ......w that this Civil Petition for Leave to Appeal has no merit and is, accordingly dismissed, without, however, any order as to costs. Ed. This Case is also Reported in: VIII ADC (2011) 649. ......hat the respondent No.1 (defendant No.1 in the Artha Rin Case) took loan of Tk.3,94,000/- under the "Power of Driving Vehicle Scheme, 1987" from the Sonali Bank Limited, Kangshanagar Branch, Comilla (plaintiff in the Artha Rin Case and petitioner herein). The loan was taken to purchase a bus and i..Category: Banking Law | Date: 22 Jun, 2011 | Hits: 7
Iftekhar Uddin Ahmed Vs. Artha Rin Adalat and another, 2011, 40 CLC (HCD)
....ions the Rule is disposed of. The order of stay stands vacated. Communicate the Judgment to respondent No.2 at once. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 75. ...... Original Jurisdiction) Present: Zinat Ara J Md. Moinul Islam Chowdhury J Iftekhar Uddin Ahmed…………………………………….Petitioner Vs. Artha Rin Adalat and another……………………………………….Respondents Judgment June 20, 20......ions the Rule is disposed of. The order of stay stands vacated. Communicate the Judgment to respondent No.2 at once. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 75. ......Money Suit No.26 of 1990. 2. Facts necessary for the disposal of the Rule, in short, are as follows: Respondent No.2, National Credit and Commerce Bank Ltd. Dhaka (shortly, the Bank), as plaintiff, on 15-6-1990 instituted Money Suit No.72 of 1990 before the Court of Subordinate Judge a..Category: Limitation Law | Date: 20 Jun, 2011 | Hits: 13
Bangladesh Tobacco Company Limited Vs. Ashoke Kumar Das & others, 2011, 40 CLC (HCD)
.... In the result, this appeal is disposed of. Send down the lower Court record. Communicate this order at once. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 53. ......………….Appellant Vs. Ashoke Kumar Das & others…………………Respondent Judgment June 2, 2011. Result: The appeal is disposed of. Words and phrases Formal defect Formal defect includes every kind of defect which is in no way ...... In the result, this appeal is disposed of. Send down the lower Court record. Communicate this order at once. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 53. ......case, whether the defect be fatal to the suit or not, rejection of a material document for not having a proper stamp and the erroneous valuation of the subject matter of the suit. Failure of the plaintiff's counsel to incorporate a Prayer in the plaint was a defect constitutes 'sufficient gr..Category: Procedural Law | Date: 2 Jun, 2011 | Hits: 6
Manager, Rupali Bank Ltd. Vs. M/S New Music Corner and another, 2011, 40 CLC (HCD)
....t record. Send down the lower Court records along with a copy of this judgment immediately to the Court concerned. Faruque Ahmed J. - I agree. Ed. This Case is also Reported in: ...... (Civil Appellate Jurisdiction) Present: Faruque Ahmed J Obaidul Hassan J Manager, Rupali Bank Ltd..........................Plaintiff-Appellant Vs. M/S New Music Corner and another …….......Defendants-Respondents Judgment May 18, 2011. Result T......t record. Send down the lower Court records along with a copy of this judgment immediately to the Court concerned. Faruque Ahmed J. - I agree. Ed. This Case is also Reported in: ......f-Appellant. Md. Haroon-Ar-Rashid, Advocate-For the Defendant-Respondents. First Appeal No. 635 of 2000. Judgment Obaidul Hassan J.- This appeal is directed at the instance of the plaintiff-appellant against the judgment and decree dated 06.04.2000 (decree signed on 10.04.2000) p..Category: Banking Law | Date: 18 May, 2011 | Hits: 209
Md. Badar Uddin and others Vs. Mst. Rezia Parvin and others, 2011, 40 CLC (HCD)
..... I find no substance in the rule. In the result this rule is discharge. No costs. Send down the lower Court records at once. Ed. This Case is also Reported in: 20 BLT (HCD) (2012) 12. ......rds at once. Ed. This Case is also Reported in: 20 BLT (HCD) (2012) 12. ....... I find no substance in the rule. In the result this rule is discharge. No costs. Send down the lower Court records at once. Ed. This Case is also Reported in: 20 BLT (HCD) (2012) 12. ......e petitioners always absent which is a misconduct as when an advocate received and filed vokalatnama he is duty bound to appear and defend the case of his litigant client. 3. It is the case of the plaintiff that .0114 acres of land of plot No.1409 appertaining to C.S. khatian No.742 corresponding..Category: Civil Law | Date: 15 May, 2011 | Hits: 29
Rupali Bank Ltd. Vs. Sree Babu Jiban Kumer Shaha, 2011, 40 CLC (HCD)
....aintiff. Send down the lower court records along with a copy of this judgment immediately to the court concerned. Faruque Ahmed J. - I agree. Ed. This Case is also Reported in: ...... Not represented- the Respondent. First Appeal No. 68 of 1998. Judgment Obaidul Hassan J. - This appeal is directed at the instance of the plaintiff appellant against the judgment and decree dated 30.07.1997 passed in Artha Rin Suit No. 14 of 1996 passed by the Subordinate Judge,......aintiff. Send down the lower court records along with a copy of this judgment immediately to the court concerned. Faruque Ahmed J. - I agree. Ed. This Case is also Reported in: ......id, Advocate-For the Plaintiff-Appellant. Not represented- the Respondent. First Appeal No. 68 of 1998. Judgment Obaidul Hassan J. - This appeal is directed at the instance of the plaintiff appellant against the judgment and decree dated 30.07.1997 passed in Artha Rin Suit No. 14..Category: Banking Law | Date: 11 May, 2011 | Hits: 210
Syed Moazzem Hossain (Md.) Vs. Tahsia Khanam and others, 2011, 40 CLC (HCD)
....aside. The suit is dismissed, however without any Order as to costs. Send down the records at once. Ed. This Case is also Reported in: 65 DLR (HCD) (2013) 11. ......Division (Civil Appellate Jurisdiction) Present: Shahidul Islam J Md. Rais Uddin J Syed Moazzem Hossain (Md.)..........................Appellant Vs. Tahsia Khanam and others……..........................Respondents Judgment May 8, 2011. ......aside. The suit is dismissed, however without any Order as to costs. Send down the records at once. Ed. This Case is also Reported in: 65 DLR (HCD) (2013) 11. ......ggrieved by the judgment and decree dated 31-3-2005 passed by the learned Joint District Judge, 5th Court, Dhaka in Title Suit No.181 of 1999 has preferred this appeal. 2. The respondent No.1 as plaintiff instituted Title Suit No.181 of 1999 in the Court of learned Joint District Judge, 5th Cou..Category: Company Law, Procedural Law | Date: 8 May, 2011 | Hits: 9
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