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.... power of superintendence and control over the judgment, order, action of the Courts subordinate to the High Court Division. The High Court Division can interfere with any order, action, judgment and decree if it is satisfied that the same suffers from gross error of law by which a failure of justic......ranted at the time of issuance of the Rule stands vacated.
Let a copy of this judgment be sent to the concerned Court below immediately.
Ed.
This Case is also Reported in: 51 DLR (1999) 557.
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Category: Property Law | Date: | Hits: 68
Maksuda Akhter Vs. Md. Serajul Islam, 1999, 28 CLC (HCD)
....suda Akhter (Nevy) against the judgment and order dated 16-11-98 passed in Family Execution Case No. 3 of 1998 by the 4th Court of the Additional Assistant Judge, Dhaka, rejecting application, of the decree holder dated 4-11-98 for directing the judgment debtor opposite party Md. Serajul Islam to su...... judgment debtor opposite party Md. Serajul Islam to suffer imprisonment, for failure to pay installment of the decretal money. The petitioner and the opposite party married on 9-12-1998 affixing the dower money at Taka 75,000.00 only. The mental life between the parties was at first blissful and th..Category: Family Law | Date: | Hits: 162
Monowara Begum Vs. Atiqullah, 1999, 28 CLC (HCD)
....e Court for eviction of the opposite party No. 1 from shop room No. 9 in the 1st floor of the same holding. The opposite party No. 1 did not enter appearance in SCC Suit No.9 of 1994 and the same was decreed ex parte on 25-9-94. Thereafter the opposite party No. 1 filed an application for restora......rt, Dhaka is hereby set aside. The stay granted earlier by this Court is hereby vacated. Communicate the order to the Court below at once. Ed. This Case is also Reported in: 51 DLR (1999) 550...Category: Property Law | Date: | Hits: 57
Abdul Gani Howlader (Md.) and another Vs. Abdus Somed Howlader and others, 1999, 28 CLC (HCD)
....Advocate —For the Opposite Party No.15. Civil Revision No. 6086 of 1991 (Dhaka) Civil Revision No. 192 of 1986 (Jessore) Judgment Md. Awlad Ali J. - This Rule arises out of judgment and decree dated 8-5-86 passed by the Subordinate Judge, Bagerhat in Title Appeal No. 38/8 affirming the......interference is called for by this Court. The result, therefore, is that the Rule is discharged. However, there will be no order as to costs. Ed. This Case is also Reported in: 51 DLR (1999) 522...Category: Property Law | Date: | Hits: 98
Sajeda Begum Vs. Member, Bhumi Appeal Board and others, 1997, 26 CLC (HCD)
....tional Deputy Commissioner, Revenue setting aside the auction sale (Annexure-C) in this writ petition was void, illegal and for permanent injunction. The suit was dismissed on contest by judgment and decree dated 27-3-90 and 3-4-1990 respectively with the findings, inter alia, that the suit land wer......and Administration Board by Annexures ‘C’, ‘E’ and ‘F’ In the result, the Rule is discharged without any order as to costs. Ed. This Case is also Reported in: 51 DLR (1999) 516. ..Category: Property Law | Date: | Hits: 107
Sherin Akther and another Vs. Md. Ismail, 1999, 28 CLC (HCD)
....vocate — For the Opposite Party. Civil Revision No. 981 of 1995. Judgment Qazi Shafiuddin J. - This Rule was issued calling upon the opposite party to show cause as to why the judgment and decree dated 10-11-94 and 17-11-94 respectively passed by the Subordinate Judge, 1st Court, Chandpur......d and also prayed for restitution of the conjugal life. 3. The defendant appeared and contested the suit by filing written objection. The plaintiff married the opposite party on 1-10-78 fixing the dower money at Taka 35,000.00. They lived happily but on certain occasions there were serious mental..Category: Family Law | Date: | Hits: 180
Dr. Abdul Gani Vs. Mujibur Rahman & others, 1999, 28 CLC (HCD)
....r the Petitioner. Abdul Aziz Chowdhury, Advocate — For the Opposite Parties. Civil Revision No. 1000 of 1987. Judgment Qazi Shafiuddin J.- This Rule is directed against the judgment and decree dated 24-5-87 passed by the Senior Assistant Judge and Small Cause Courts Act Judge, Kishoreg...... and decree dated 24-5-87 passed by the Senior Assistant Judge, Kishoreganj in Small Cause Courts Act Suit No. 1 of 1986 is hereby set aside. Ed. This Case is also Reported in: 51 DLR (1999) 510...Category: Civil Law | Date: | Hits: 89
SM Fazlul Haque Vs. Salahuddin Ahmed and another, 2001, 30 CLC (HCD)
...., Chittagong in Other Suit No. 3 of 1998 refusing to grant temporary injunction. 2. Other Suit No. 3 of 1998 came into being following the filing of a plaint whereby the plaintiff prayed for (1) a decree of declaration to the effect that the plaintiff is not liable to pay technical fee to defenda......ntly, the appeal is dismissed and the connected Rule being Civil Rule No. 225 (FM) of 1998 is also discharged without any order as to cost. Ed. This Case is also Reported in: 54 DLR (2002) 612. ..Category: Civil Law | Date: | Hits: 164
Shah Alam (Md.) Vs. Md. Shahidur Rahman and others, 2003, 32 CLC (HCD)
....pon those documents and disallowed the pre‑emption petition. Further, according to him, original co-sharership in the land does not extinguish without a partition being made in pursuance of a final decree passed in a regularly constituted suit for partition and, therefore, the petitioner appellant......dingly. Communicate the order to the court below at once. Send down the lower court records along with a copy of this judgment expeditiously. Ed. This Case is also Reported in: 55 DLR (2003) 214...Category: Property Law | Date: | Hits: 53
Shaikh Ansar Ali & others Vs. Md. Tofazzal Hossain and others, 2003, 32 CLC (HCD)
.... on agenda No. 6 to the notice of the Annual General Meeting No. BHMMA K(23)/2002‑2003/65 dated 13-11‑2002. 2. In this matter, the opposite party Nos. 1 and 2 instituted the suit praying for a decree for declaration that the letter No. BHMMA-23/2002/184 dated 19‑10‑2002, issued by the d......ted 19‑11‑2001, rejecting the petition under Order VII rule 11 (d) of the Code is set aside. In the result, the Rule is made absolute. Ed. This Case is also Reported in: 55 DLR (2003) 211...Category: Civil Law | Date: | Hits: 74
Haripada Saha Vs. Md. Shamsuddin Quraishi and others, 1997, 26 CLC (HCD)
....the trial Court and the defendant petitioner did not move the higher Court against the aforesaid order. However, the trial Court after recording evidence and hearing the parties vide its judgment and decree dated 30-4-1986 decreed the suit in part in preliminary form on contest against the petitione......llegality in the impugned order. In the result, the Rule is discharged without any order as to costs. Send down the LC Records at once; Ed. This Case is also Reported in: 54 DLR (2002) 606...Category: Administrative Law | Date: | Hits: 210
Amena Khatun Vs. Chairman, Court of Settlement and others, 2010, 39 CLC (AD)
....perty as abandoned property is not hit by proviso (a) to section 5 of the Abandoned Buildings (Supplementary Provisions) Ordinance, 1985 (Ordinance No. LIV of 1985) since the appellant has obtained decrees in Title Suit Nos. 1013 of 1980, 408 of 1982 and 213 of 1985 from competent Civil Courts pri......e learned Counsel is devoid of substance. The appeal is, therefore, dismissed without any order as to costs. Ed. This Case is also Reported in: 63 DLR (AD) (2011) 01, 15 MLR (AD) (2010) 438. ..Category: Property Law | Date: | Hits: 65
Abdul Jalil Molla and others Vs. Mahtab Uddin Biswas, 2009, 38 CLC (AD)
.... is in possession since his such purchase. 3. The aforesaid Mahtab also filed a suit being the Title Suit No. 11 of 1995 in the same Court against the plaintiffs of the aforesaid suit, praying for decree for declaration of his title in the suit land. 4. Both the above Title Suit No.301 of 1976......ngs of the High Court Division. Under such circumstances, these petitions merit no consideration and accordingly, those are dismissed. Ed. This Case is also Reported in: VII ADC (2010) 1004. ..Category: Property Law | Date: | Hits: 46
Bazal Hoq and others Vs. Sayedul Hoq and others, 2010, 39 CLC (AD)
....peal is directed against the judgment and order dated the 15th day of December, 2008 passed by the High Court Division in Civil Revision No. 3902 of 2004 discharging the Rule against the judgment and decree dated 28.03.2004 in Title Appeal No. 92 of 1990 passed by Additional District Judge, Lakshmip......, we find no substance in the submissions of the learned Advocate-on-Record for the petitioner. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: VII ADC (2010) 998...Category: Property Law | Date: | Hits: 47
....uld withdrawn the Money Suit No.13 of 2000 and also made the rules issued in Writ Petition Nos.1427 of 1998 and Writ Petition No.6667 of 2003 discharged for non-prosecution and secondly, a compromise decree would be obtained in Artha Rin Suit No.43 of 2003 by filing a solenama. The writ-petitioner M...... the above, we find no substance in the submissions of the learned Counsel for the petitioner.
Accordingly, the petition is dismissed.
Ed.
This Case is also Reported in: VII ADC (2010) 995...
Category: Banking Law | Date: | Hits: 191
....Court Division in First Appeal No.95 of 2006.)
Judgment
SK Sinha J. - The delay in filing this leave petition is condoned. This petition for leave to appeal is directed against the judgment and decree dated 9th June, 2008 of a Division Bench of the High Court Division in First Appeal No.95 of ......o withhold the payment of the decreetal amount. We find no merit in the contention of Mr. Mahmud.
The petition is accordingly dismissed.
Ed.
This Case is also Reported in: VII ADC (2010) 991...
Category: Civil Law | Date: | Hits: 96
....rd-For the Petitioners (In both cases)
Md. Nawab Ali, Advocate-on-Record-For the Respondents (In both cases)
Civil Petition for Leave to Appeal Nos. 1441-1442 of 2009.
(From the judgment and decree dated 09.04.2009 passed by the High Court Division in Appeal from Original Decree Nos. 439 of......eals and affirming the judgment and decree of the trial Court.
We find no substance in these petitions which are accordingly dismissed.
Ed.
This Case is also Reported in: VII ADC (2010) 968...
Category: Property Law | Date: | Hits: 44
....e plaint but as per terms and conditions of the agreement the defendants failed to repay the outstanding dues to the plaintiff and hence the suit.
3. The court below on considering the documents decreed the suit ex parte vide preliminary decree dated 20.06.1999 and the final decree singed on 18......t. Therefore the High Court Division rightly discharged the Rule.
We find no substance in this petition which is accordingly dismissed.
Ed.
This Case is also Reported in: VII ADC (2010) 964.
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Category: Civil Law | Date: | Hits: 96
Alizan Shaikh Vs. Moniruddin, 2010, 39 CLC (AD)
....for granting leave to appeal against the judgment and order dated 16.02.2009 making the Rule absolute issued in Civil Revision No.885 of 2004 by the High Court Division setting aside the judgment and decree dated 11.10.2003 passed in Title Appeal No.91 of 1991 by the learned Joint District Judge, 2n......decreeing the suit and hence no interference in the impugned judgment and order is called for. The petition is accordingly dismissed. Ed. This Case is also Reported in: VII ADC (2010) 960...Category: Property Law | Date: | Hits: 51
Suraiya Begum and others Vs. Misir Ali and others, 2010, 39 CLC (AD)
....nganj in Title Appeal No. 155 of 2005 disallowing the appeal with cost affirming those dated 30.07.2005 passed by the Joint District Judge, Additional Court, Narayangonj in Title Suit No. 168 of 1992 decreeing the suit. 2. The facts involved in the case, in short, are that Bangu Sheikh had jote r...... above, we find no substance in the submissions of the learned Counsel for the petitioners. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: VII ADC (2010) 945. ..Category: Property Law | Date: | Hits: 47
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