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Md. Nasrullah Chowdhury Vs. Mohammad Nurul Islam and others, 2010, 39 CLC (AD)

....xed, filed applications one after another on behalf of the defendant No.1 and accordingly on 24.05.2004 the learned 5th Senior Assistant Judge, Chittagong by her order No.34 accepted the solenama and decreed the suit accordingly before the date fixed for hearing. 8. After passing of the sole-decr......it after deciding whether or not there was any consent of the parties to compromise the dispute. Accordingly the petition is disposed of. Ed. This Case is also Reported in: VIII ADC (2011) 91...

Category: Property Law | Date: | Hits: 65

Abdur Rahim Chowkider @ Abdur Rahman Sheikh Vs. Raji Haider and others, 2006, 35 CLC (HCD)

....ion No. 112 of 1991. Judgment Md. Abdur Rashid J. - Defendant No. 1 obtained the Rule upon making a revision application under section 115(1) of the Code of Civil Procedure against judgment and decree dated 18-2-1990 passed by District Judge at Pirojpur in Title Appeal No. 8 of 1989 affirming ...... decree affirming those of trial Court decreeing the suit are hereby set aside and the suit is dismissed. Send down the record at once. Ed. This Case is also Reported in: 58 DLR (2006) 470. ..

Category: Property Law | Date: | Hits: 79

Sk Md. Tariqul Alam and another Vs. ATM Matiul Islam, 2006, 35 CLC (HCD)

.... Sk. Mohammad Reazul Hassan as plaintiffs filed Title Suit No. 198 of 1997 for ejectment of a tenant from the suit premises in the Court of the learned Joint District Judge, 5th Court Dhaka which was decreed by the judgment and decree dated 11-5-2003 with the finding that the defendant is a tenant u......lt, the Rule is made absolute without any order as to cost and the delay of 285 days in filing the revisional application is hereby condoned. Ed. This Case is also Reported in: 58 DLR (2006) 425...

Category: Procedural Law | Date: | Hits: 116

Suratjan Bewa Vs. Md. Abdul Mannaf and others, 2006, 35 CLC (HCD)

....99. Judgment Syed Refaat Ahmed J. - In this application under section 115 of the Code of Civil Procedure a Rule was issued calling upon the opposite-parties to show cause as to why judgment and decree dated 31-5-1999 passed by the learned Additional District Judge, Second Court, Kishoreganj in......e in the Rule issued. In the result, the Rule is discharged. There is no order as to costs. Send down the Lower Court Records at once. Ed. This Case is also Reported in: 58 DLR (2006) 400...

Category: Property Law | Date: | Hits: 82

Firoz Hossain Shah (Md.) Vs. State, 2005, 34 CLC (HCD)

....l nature and for the money involved in the petition of complaint the opposite party No.2, that is, Agrani Bank, Rangpur Cadet College branch, Rangpur by instituting Artha Rin Case No. 8 of 2002 got a decree for the said amount, as such, the instant proceeding if allowed to continue, that will perpet...... in the Court of Magistrate, First Class, Rangpur is quashed. Communicate this order at once. Send down the lower Court records at once. Ed. This Case is also Reported in: 58 DLR (2006) 361. ..

Category: Criminal Law | Date: | Hits: 46

Nil Sen Singh Vs. Radha Mohan Singh and others, 2006, 35 CLC (HCD)

....For the Opposite Parties. Civil Revision No. 3599 of 2004. Judgment Siddiqur Rahman Miah J.- This revisional application at the instance of the plaintiff is directed against the judgment and decree dated 15-7-2004 passed by the learned District Judge, Moulvi Bazar in Title Appeal No. 12 of ......tle Suit No. 2 of 2003 is set aside. The judgment and decree dated 30-1-2003 of the trial Court is affirmed. Send down the LCR at once. Ed. This Case is also Reported in: 58 DLR (2006) 329. ..

Category: Property Law | Date: | Hits: 75

Noorjahan Ahmed and others Vs. Tarifuddin Ahmed, 2003, 32 CLC (HCD)

....afique-ul-Huq with Zafarullah, Advocates—For the Respondent. Appeal from Original Decree (FA) No. 18 of 1990. Judgment Md. Abdul Matin J. - This appeal is directed against the Judgment and decree dated 11-9-1989 in other suit No. 130 of 1986 passed by the Subordinate Judge, Dinajpur dismi......ps for reconstruction of the record of the other suit No. 105 of 1983. There shall be no order as to cost. Send down the records at once. Ed. This Case is also Reported in: 58 DLR (2006) 326...

Category: Property Law | Date: | Hits: 83

Mansur Ali Howlader Vs. Nurul Islam Howlader, 2004, 33 CLC (HCD)

....- This Rule is directed against the order dated 7- 9-85 passed by the District Judge, Bakerganj in Title Appeal No. 73 of 1985 rejecting the memo of appeal preferred against the ex parte judgment and decree dated 16-4-1985 and 20-4-1985 respectively passed by the Subordinate Judge, Barisal in Title ......ppeal in accordance with law and to dispose of the appeal within 6(six) months from the date of receipt of this order. Ed. This Case is also Reported in: 58 DLR (2006) 304, 26 BLD (HCD)(2006) 53...

Category: Property Law | Date: | Hits: 81

Abdur Rashid Salam Vs. Md. Moniruzzaman, 2005, 34 CLC (HCD)

....laintiff-petitioner filed the revisional application under section 115(1) of the Code of Civil Procedure, hereinafter referred as the Code, and obtained the Rule challenging the impugned judgment and decree dated 22-4-2004 passed in Title Suit No. 353/2003 by the learned Senior Assistant Judge, Seco......o granted earlier by this court is also vacated. Send down the lower court records at once if already received by the office of this Court. Ed. This Case is also Reported in: 58 DLR (2006) 298. ..

Category: Procedural Law | Date: | Hits: 90

Sonali Bank Limited and Others Vs. Prime Global Limited and Others, 2011, 40 CLC (AD)

....08.2010, passed by the High Court Divi­sion in Writ Petition No. 7916 of 2008, mak­ing the rule absolute. 2. It appears that the Uttara Bank Ltd. the reapondent No. 3 herein obtained an ex-parte decree in Artho Rin Suit No. 293 of 2003 against Sonali Bank, the petitioners, on the allegation tha......from the date of receipt of this order in accor­dance with law. Ed. This Order is also Reported in: 63 DLR (AD) (2011) 99, 31 BLD (AD) (2011) 49, 16 MLR (AD) (2011) 151, 8 LG (AD) (2011) 119. ..

Category: Civil Law | Date: | Hits: 102

Kabir Ahmed Sawdagar Vs. Md. Syed Saifuddin Jaheed and others, 2006, 35 CLC (HCD)

.... 1 filed an application for time for filing documents but none was found to move the application and, as such, the prayer for time was rejected and the learned Court below heard the suit ex parte and decreed the suit by its order dated 2-3-1994. 8. The defendant No. 1 on 17-3-1994 came to know fr......aside and the original suit being Miscellaneous Appeal No. 76 of 1992 be restored to its original file and number. Ed. This Case is also Reported in: 58 DLR (2006) 277, 26 BLD (HCD) (2006) 388. ..

Category: Property Law | Date: | Hits: 115

Kazi Rashed Akhter Shahid (Prince) Vs. Rokshana Choudhury (Sanda), 2006, 35 CLC (HCD)

....ent Siddiqur Rahman Miah J. - This revisional application under section 115(1) of the Code of Civil Procedure at the instance of defendant appellant petitioner is directed against the judgment and decree dated 16-2-2004 passed by the learned District Judge, Tangail in Family Appeal No. 37 of 2002......amily Judge, Tangail praying for declaration that the divorce dated 22-5-1998, 22-6-1998 and 22-7-1998 is illegal and void and for restitution of conjugal life and also further prayed for a decree of dower of Taka 3,00,000 and for maintenance at the rate of Taka 5,000 per month. 3. Facts leading ..

Category: Family Law | Date: | Hits: 184

Dhaka Leather Complex Ltd. Vs. Sikder Construction Ltd. and another, 2009, 38 CLC (AD)

....al leave is directed against the judgment and order dated 18-08-2003 passed by a Division Bench of the High Court Division in F. A. No.255 of 2002 dismissing the appeal and affirming the judgment and decree dated 04-04-2002 passed by the Joint District Judge, 5th Court, Dhaka in Title suit No.15 of ......ost. The impugned judgment and order dated 18-08-2003 passed by the High Court Division in First Appeal No. 255 of 2002 is hereby affirmed. Ed. This Case is also Reported in: 8 LG (AD) (2011) 75...

Category: Alternative Dispute Resolution | Date: | Hits: 187

Alimuddin and others Vs. Abdul Kabir and others, 2003, 32 CLC (HCD)

....re-numbered as Partition Suit No. 95 of 1993. 3. The defendant Nos. 2, 5 and 8 entered appearance upon filing written statement and eventually after hearing the Assistant Judge by his judgment and decree dated 30-10-1993 dismissed the suit. 4. Thereafter, the plaintiffs as appellants preferred...... with the appeal in accordance of law. Send down a copy of this judgment to the learned Joint District Judge, Kishoreganj for compliance. Ed. This Case is also Reported in: 58 DLR (2006) 240...

Category: Procedural Law | Date: | Hits: 93

Executive Engineer, Sylhet Public Works Department Vs. Md. Asob Ali, 2005, 34 CLC (HCD)

....arty. Civil Revision No. 300 of 2005. Judgment Faisal Mahmud Faizee J.- This Rule, upon an application under section 115 of the Code of Civil Procedure, was directed against the judgment and decree dated 14-10-2004 (decree drawn on 21-10-2004) passed by the Additional District Judge, Sylhet......o costs. The order of stay passed at the time of issuance of the Rule is hereby vacated. Send down the records of the Courts below at once. Ed. This Case is also Reported in: 58 DLR (2006) 236. ..

Category: Business or Commercial Law | Date: | Hits: 209

Tahera Begum and others Vs. Mizanur Rahman (Md.) and others, 2004, 33 CLC (HCD)

....f 2002. 2. It is stated that one Md. Mohsin Khan, predecessor-in-interest of the petitioners as plaintiff on 27-4-1994 instituted Title Suit No. 22 of 1994 for partition. On 9-5-1996, the suit was decreed on contest against defendant Nos. 143, 144 and 232 and ex parte against the rest in the prel...... in Title Suit No. 12 of 2002 staying all further proceedings of Title Execution Case No. 1 of 2002 is hereby set aside. Communicate at once. Ed. This Case is also Reported in: 58 DLR (2006) 224...

Category: Property Law | Date: | Hits: 72

Rafique Ullah (Md) Vs. Badsha Alam and others, 2005, 34 CLC (HCD)

....ut due to mistake the kabala was written as a sale deed instead of mortgage deed. Thereafter, the vendor of the kabala dated 21-12-1997 instituted Title Suit No. 30 of 1998 and obtained a compromised decree declaring that the kabala in questing is a mortgage deed and hence the preemptor- petitioners......e-emption is maintained. The order of stay earlier granted by this Court stands vacated. Send down the lower Court's records at once. Ed. This Case is also Reported in: 58 DLR (2006) 221. ..

Category: Property Law | Date: | Hits: 67

Badel Alam Howlader Vs. Falu Dewan and others, 2004, 33 CLC (HCD)

....Khan with Nowshad Zamir, Advocates — For the Plaintiff-Appellant-Opposite Parties. Civil Revision No. 827 of 2000. Judgment Zubayer Rahman Chowdhury J.- Being aggrieved by the judgment and decree dated 19-9-99 and 26-9-99 respectively passed by the Subordinate Judge, Third Court, Mymensin......ly within a period of 3 (three) months from the date of receipt of this order. Communicate the order and send down the lower Court records. Ed. This Case is also Reported in: 58 DLR (2006) 218. ..

Category: Property Law | Date: | Hits: 66

AHM Khurshed Ali & others Vs. Md. Hashem Ali and others, 2006, 35 CLC (HCD)

....de of Civil Procedure which reads as follows: "115. Revision.- (1) The High Court Division may, on the application of any party aggrieved, call for the record of any suit or proceeding in which a decree or an order has been passed by a Court of District Judge or Additional District Judge or a de...... so advised. The reference is thus disposed of a copy of this judgment may be sent to the concerned Ministries. Ed. This Case is also Reported in: 58 DLR (2006) 211, 26 BLD (HCD) (2006) 114. ..

Category: Procedural Law | Date: | Hits: 90

Government of Bangladesh represented by the DC, Comilla Vs. Md. Eakub and others, 2004, 33 CLC (HCD)

....from Original Decree No. 293 of 1999. Judgment Md. Abdur Rashid J.- Both the appeals were presented by the Government of Bangladesh represented by the Deputy Commissioner at Comilla against the decree dated 29-7-98 passed by Subordinate Judge, Court No. 1 at Comilla in Title Suit No. 58 of 199......Industries is now obliged to return the money received in respect of schedule-1 (kha) property to the plaintiff. Send down the LCR at once. Ed. This Case is also Reported in: 58 DLR (2006) 176. ..

Category: Property Law | Date: | Hits: 159