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Nazir Ahmed and others Vs. Md. Hazee Kalu, 1989, 18 CLC (HCD)
....arim, Advocate ‑ For the Respondent. Second Appeal No.146 of 1974. Judgment AM Mahmudur Rahman J. - This second appeal at the instance of the defendant is directed against the judgment and decree passed by the Subordinate Judge, Third Court, Chittagong in Partition Appeal No. 233 of 1972 ...... other point in support of the appeal. There is no substance in this appeal. Accordingly, the appeal is dismissed. No order as to costs. Ed. This Case is also Reported in: 43 DLR (1991) 75. ..Category: Property Law | Date: | Hits: 66
Adamjee Sons Limited Vs. Jiban Bima Corporation, 1992, 21 CLC (HCD)
....ant. Rafiqul Huq with ABM Khairul Hoque, Advocates ‑ For the Respondents. Appeal From Original Order No. 75 of 1983. Judgment AM Mahmudur Rahman J.- This appeal is against an ex‑parte decree passed in Title Suit No.467 of 1982 making the Award made by the Arbitrator a rule of the cou......nt one. In view of my discussion, I am led to hold that the appeal must fail. In the result, the appeal is dismissed with costs. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 89. ..Category: Alternative Dispute Resolution | Date: | Hits: 174
Sarwar Kamal and others Vs. State, 1992, 21 CLC (HCD)
....itness from those houses. He has also denied the suggestion that the case land belongs to one Dhala Bibi, mother of some accused. He has also denied the suggestion that the said Dhala Bibi obtained a decree in respect of the case land with permanent injunction in her favour. He has further stated th......ected to surrender to his bail bond and serve out the remaining sentence. Let the records be sent down to the lower court expeditiously. Ed. This Case is also Reported in: 48 DLR (1996) 61. ..Category: Criminal Law | Date: | Hits: 86
SDS Dairy Limited Vs. Bangladesh and others, 2011, 40 CLC (HCD)
....i Mostafa Khan with Ms.Nahid Sultana, Advocates-For the Respondent. Writ Petition No. 3002 of 2010. Judgment Md. Ruhul Quddus J. - This Rule, at the instance of a judgment debtor in a money decree, was issued calling in question order dated 5.4.2010 passed by Artha Rin Adalat No.3, Dhaka i......ill proceed in accordance with law. The office is directed to communicate the judgment at once to the concerned executing Court. Nazmun Ara Sultana J.-I agree. This Case is also Reported in: ..Category: Procedural Law | Date: | Hits: 80
Tobarak Ali Sikder Vs. Administrator of Waqfs, 1992, 21 CLC (HCD)
....ompliance with the relevant provisions of the Ordinance. Section 34 provides, "Notwithstanding anything contained elsewhere in this Ordinance or in any other law for the time being in force or in any decree or in any deed or instrument the Administrator may by notification in the official Gazette, t......the Waqf Ordinance is without jurisdiction and has, therefore, no legal effect. The parties are to bear their own costs in this case. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 70...Category: Trust/Waqf Law | Date: | Hits: 157
Ajiran Nessa Bewa and others Vs. Md. Abdul Mannan, 1992, 21 CLC (HCD)
....y Md. Abdul Mannan, a minor, through his father, filed a suit for permanent injunction against the petitioner No.1 Ajiran Nessa Bewa and her three sons, the other petitioners and obtained an ex parte decree on 28.4.80 restraining the petitioners from permanently entering into the scheduled land. The......assed by the learned Munsif, Sreebordi, in OC Execution Case No.13 of 1984 is set aside and the execution case is dismissed. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 66, 29 BLD 323...Category: Procedural Law | Date: | Hits: 95
Gouri Rani Dutta Vs. Taib Ali & others, 1989, 18 CLC (HCD)
....ourt of Subordinate Judge, Dhaka on the same cause of action against the defendant‑petitioner, adding plaintiff‑opposite party Nos. 3 and 4 as plaintiff Nos. 3 and 4 and praying for a declaratory decree decreeing title of plaintiffs in the Schedule A property which is indistinguishable from the ......ink that the said question has any relevance. For all the above reasons the Rule is discharged but without any order as to costs. Ed. This Case is also Reported in: 43 DLR (1991) 13. ..Category: Procedural Law | Date: | Hits: 92
Bangladesh Vs. Abdul Wahab & others, 1991, 20 CLC (HCD)
.... as opposite parties in Civil Rule brought a suit against the petitioner and others seeking declaration of their title in respect of certain land described in the schedule of the plaint. The suit was decreed on 23.9.89. On 1.10.89 an application was filed on behalf of petitioner for certified copy o...... taken his Lordship Mr. Justice Bimalendu Bikash Roy Chowdhury. In the result, the Rule is discharged without any order as to cost. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 30. ..Category: Procedural Law | Date: | Hits: 87
Rashid Ahmed Vs. Abdul Nabi Sawdagar and others, 1990, 19 CLC (HCD)
.... the property which the defendants cultivated as bargadar under the original owner Dilip Kumar Sen and thereafter under the purchaser from Dilip Kumar Sen. The learned trial Court by its judgment and decree dated 31‑3‑75 decreed the suit restraining the defendants from interfering with the peace......ate Court does not suffer from any error of law in dismissing the suit. In the result, I discharge this Rule. No order as to Costs. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 29. ..Category: Property Law | Date: | Hits: 75
Tajjaternessa Vs. Md. Suruj Mia and others, 1992, 21 CLC (HCD)
.... Amir Hossain, predecessor‑in-interest of opposite party Nos. 1 to 3, filed the said suit for partition and on the basis of compromise between the plaintiff and the defendants, the suit was finally decreed on 25.11.64 and the parties got the land of their respective sahams by demarcation and posti...... 1963 is set aside. Any of the parties to decree in that suit may apply for engrossment of the decree on stamped paper, if so advised. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 28. ..Category: Property Law | Date: | Hits: 76
Begum and Company Ltd. Vs. Rupali Bank and others, 1994, 23 CLC (HCD)
....learned Subordinate Judge allowing the plaintiff-opposite-parties’ prayer for amendment of the plaint. 2. plaintiff-opposite-parties No.1 instituted Money Suit No.131 of 1987 with a prayer for a decree for sum Taka 95, 83,949.18 paisa against the defendant petitioner and the defendant-opposite ......d to dispose of the same in accordance with law within a reasonable time preferably 3 (three) months from the date of receipt of this order. Ed. This Case is also Referred to: 48 DLR (1996) 23. ..Category: Civil Law | Date: | Hits: 92
Munshi Amiruddin Ahmed Vs. Begum Shamsun Nahar, 1994, 23 CLC (HCD)
.... Abdul Gafur, Advocate-For the opposite party. Civil Revision No. 9802 of 1991. Judgment Kazi Ebadul Hoque J. - This rule at the instance of the plaintiff-petitioner is against judgment and decree dated 19.11.91 passed by the Assistant Judge, 3rd Court, Dhaka in Small Cause Court Suit No.3......dge in refusing for ejectment in favour of the plaintiff petitioner. In the result, the Rule is discharged without any order as to costs. Ed. This Case is also Referred to: 48 DLR (1996) 21. ..Category: Tenancy Law | Date: | Hits: 167
Abdur Rahman and others Vs. Sultan ® Sultan & others, 1982, 11 CLC (AD)
.... of the High Court Division in Civil Revision No.1122 of 1977. Facts are as follows: The appellants as plaintiffs instituted a suit for partition of the suit property by metes and bounds. It was decreed in preliminary contest on 29.4.1972. Thereafter, the plaintiffs submitted an application f......any equitable relief. In the result, therefore, this appeal is allowed with costs. The order of the High Court Division is set aside. Ed. This Case is also Reported in: 35 DLR (1983) 51. ..Category: Procedural Law | Date: | Hits: 72
Bangladesh & another Vs. Md. Salimullah and others, 1981, 10 CLC (AD)
....on continues to exercise all the jurisdiction exercised by it immediately before the Proclamation. The Appellate Division shall have jurisdiction to hear and determine appeals from the judgments, decrees, orders or sentences of the High Court Division. The respective jurisdiction as being now ex......n filed, the certificate will be infructuous but in both cases the Writ Petition and the judgment of the High Court Division will not abate. Ed. This Case is also Reported in: 35 DLR (1983) 1. ..Category: Constitutional Law | Date: | Hits: 181
Md. Wasiq Khan Vs. Md. Sabiq Khan and others, 1978, 7 CLC (AD)
....shares therein. It is denied that the respondents No. 1 and 2 demanded partition of the suit property for the same was not acceded to as alleged in the plaint. 4. The learned Subordinate Judge decreed the suit in the preliminary form and an Advocate Commissioner was appointed for partition...... with costs. The decisions of the courts below are set aside. The Miscellaneous case before the court below shall proceed as usual. Ed. This Case is also Reported in: 31 DLR (AD) (1979) 51. ..Category: Procedural Law | Date: | Hits: 80
Monjur Morshed Chowdhury & Others. Vs. Haji Abul Kashem Sawdgar & Others, 2010, 39 CLC (AD)
....g to the filing of this appeal are that Alhaj Sadequr Rahman Chowdhury instituted a suit being Other Suit No.121 of 1988 in the Court of First Senior Assistant Judge, Sadar, Chittagong, praying for a decree for ejectment and compensation against M/s. Anupam Traders represented by Abul Kashem Sowda......l is dismissed without any order as to costs. Ed. This Case is also Reported in: 63 DLR (AD) (2011) 83, 31 BLD (AD) (2011) 97, 8 LG (2011) AD 109, VIII ADC (2011) 319, 16 MLR (AD) (2011) 225. ..Category: Tenancy Law | Date: | Hits: 210
Salema Khatun Bibi & others Vs. Hemangini Ghosh Dastidar and others, 1977, 6 CLC (AD)
....idar, claimed to have purchased the properties Defendant 3 was a tenant in the premises. He instituted a suit being Title suit No. 72/ 60 in the 2nd Court of Munsif, Barisal, and obtained a collusive decree in the names of defendant 1 and 2, showing the plaintiff a party to the suit and on the bas......pellate court, and restore that of the trial Court. None of the contentions of Mr. Karim is sustainable. This petition is dismissed. Ed. This Case is also Reported in: 30 DLR (AD) (1978) 99. ..Category: Property Law | Date: | Hits: 63
Homeland Life Insurance Co. Ltd. Vs. Jahanara Begum and others, 2000, 29 CLC (HCD)
....ected the plaint by the impugned order. 4. Mr. AY Ahmed Ali, learned Advocate appearing for the appellant, submits that the impugned order as passed by the respondent No.3 cannot be deemed to be a decree under the Act and that the jurisdiction of the civil Court is not ousted either clearly or by......he learned Subordinate judge rejecting the plaint is hereby affirmed. Send down the records at once. The order of stay granted is vacated. Ed. This Case is also Reported in: 52 DLR (2000) 666. ..Category: Business or Commercial Law | Date: | Hits: 190
Janata Insurance Co. Vs. Islam Steel Mills, 2000, 29 CLC (HCD)
.... No.1, Janata Insurance Company Ltd. As the issues raised are common, the appeals were heard together and now, disposed of by this judgment. 2. FA No.353 of 1995 was presented against judgment and decree dated 29-06-95 passed by Subordinate Judge, 2nd Court at Chittagong in Money Suit No.45 of 94......in MS No.44 of 1994, MS No.45 of 1994 and MS No.46 of 1994 are hereby confirmed. Let the records be sent down without any further delay. Ed. This Case is also Reported in: 52 DLR (2000) 642. ..Category: Business or Commercial Law | Date: | Hits: 211
Panna Khan and Others Vs. Birendranath Halder, 2000, 29 CLC (HCD)
....AM Mahbub Elahi, Advocates - For the Petitioners. NK Saha - For Opposite Party No.1. Civil Revision Case No.1353 of 1989. Judgment Md. Awlad Ali J.- This Rule arises out of a judgment and decree dated 27-8-1989 passed by the Subordinate Judge, Madanpur in Title Appeal No.46 of 1988 by wh...... aside the decree of the appellate Court. The suit is dismissed. In the result, the Rule is made absolute without any order as to costs. Ed. This Case is also Reported in: 52 DLR (2000) 640. ..Category: Property Law | Date: | Hits: 55
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