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Atif Atiq (Md.) and another Vs. Nurun Nahar Begum and others, 2012, 41 CLC (AD)

....d by the High Court Division in First Appeal No.328 of 2007). Judgment MA Wahhab Miah J. - This petition for leave to appeal has been filed by defendant Nos.4 and 5 against the judgment and decree dated the 8th day of June, 2010 passed by a Division Bench of the High Court Division in Firs......the supplementary agreement dated 16-8-2004. With the above observations, this petition is dismissed. Ed. This Case is also Reported in: 18 BLC (AD) (2013) 27, 18 MLR (AD) (2013) 65. ..

Category: Property Law | Date: 22 Jan, 2012 | Hits: 87

Shamsuddin Ahmed & others Vs. City Bank Ltd., 2012, 41 CLC (HCD)

....peals are dismissed. Artha Rin Adalat Ain, 2003; Section 57, 32. Code of Civil Procedure, 1908, Order XXI, rule 9, Order XXXIV, rule 5 Absence of reference of Review Committee in final decree- In the final decree there is no reference of Review Committee or any one else, neither ......f 2008 are dismissed with these observation. Send down the lower Court records at once. Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 30.       ..

Category: Civil Law | Date: 15 Jan, 2012 | Hits: 4

Sree Prodip Barua alias Bappi Vs. Faisal Madani and another, 2012, 41 CLC (AD)

....by Giasuddin Ahmed, Advocate-on-Record—For Respondent No.1. Respondent No.2—Not repre­sented. Civil Petition for Leave to Appeal No.1569 of 2011. (From the judgment and decree dated 24.02.2011 passed by the High Court Division in First Appeal No.230 of 2002.) Judg......, from the above discussion it is evident that there is no merit in this civil petition for leave to appeal and hence it is dismissed. Ed. This Case is also Reported in: 9 ADC (2012) 231. ..

Category: Civil Law | Date: 15 Jan, 2012 | Hits: 118

Mahua Khair Vs. Amena Begum Ali Ispahani, 2012, 41 CLC (AD)

.... Division in First Appeal Nos.48 and 49 of 2002) Judgment Muhammad Imman Ali J. - Civil Appeal Nos.148 and 149 of 2007, both by leave of this Division, are directed against the judgment and decree dated 7.7.2004 passed in First Appeal Nos. 48 and 49 of 2002 respectively by a Division Bench...... i.e. the Sub-Ordinate Judge (now Joint District Judge), Additional Court, Dhaka. Ed. This Case is also Reported in: 17 MLR (AD) (2012) 172; 17 BLC (AD) (2012) 139; 9 ADC (2012) 924. ..

Category: Contract Law | Date: 10 Jan, 2012 | Hits: 1077

Md. Amzad Hossain Parag Vs. Md. Saiful Islam and others, 2012, 41 CLC (AD)

....ted in that criminal case. That one Shamsuddin instituted Easement Case No.80 of 1983 for establishing casement right on the suit land, but that suit was ulti­mately dismissed by the judgment and decree dated 23.11.1991. That the defen­dants have been possessing the suit land peacefully on p......w the judgment and decree of the trial court will stand. In the circumstances we dismiss this civil petition for leave to appeal. Ed. This Case is also Reported in: 9 ADC (2012) 224. ..

Category: Property Law | Date: 9 Jan, 2012 | Hits: 98

Mrs. Jahanara Ahmed Vs. Arab Bangladesh Bank Ltd. and oth­ers, 2011, 40 CLC (AD)

....re the Artha Rin Adalat No.2, Dhaka against the defendant Nos.1 to 5 for realization of outstanding loan. That suit was subsequently renum­bered as Title Suit No.143 of 1998. The suit was ultimately decreed ex-parte vide judgment and decree dated 25.11.1998. Since the judgment debtor failed to pay ......record." Security of Tk. 1,000/- is to be deposit­ed within 1 (one) month. Preparation of paper book is dispensed with as prayed for. Ed. This Case is also Reported in: 9 ADC (2012) 185. ..

Category: Property Law | Date: 15 Dec, 2011 | Hits: 81

Husne Ara Begum and another Vs. Saiful Alam (Md.) and others, 2011, 40 CLC (HCD)

....ners Vs. Saiful Alam (Md.) and others.............Plaintiff Opposite-Parties Judgment December 1, 2011.  Result: The rule is made absolute. No Court can pass a decree which is unexecutable The averments and statement made in the application under Order I ......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. ..

Category: Civil Law, Procedural Law | Date: 1 Dec, 2011 | Hits: 4

Nazir Ahmed and others Vs. Fajal Ahmed & others, 2011, 40 CLC (HCD)

.... Advocates—For Respondents. First Appeal No.153 of 2001. Judgment Nozrul Islam Chowdhury J.- This appeal at the instance of defendant Nos.4-6 is directed against the judgment and decree dated 28-3-2000 passed by the Sub-ordinate Judge, now Joint District Judge and Artha Rin Adal......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. ..

Category: Civil Law | Date: 23 Nov, 2011 | Hits: 7

State Vs. Hasibul Hasan (Md.), 2011, 40 CLC (HCD)

....led against them and they are dis­charged from their respective bail bond. The office is directed to send down therecords at once. Ed This Case is also Reported in: 64 DLR (HCD) (2012) 291. ......her was a truck helper and there were good relationship between the spouses. Her mother used to pay money to her grand-mother and uncles and also to her father at their demand. Her mother used to pay dower money to the accused at their demand, her uncle used to beat her mother. At the time of occurr..

Category: Women and Children | Date: 21 Nov, 2011 | Hits: 114

Jamuna Television Ltd. and another Vs. Government of Bangladesh & others, 2011, 40 CLC (AD)

....g causes or the circumstances in which power is to be exercised. The exercise of such power is left completely to the discretion of the Appellate Division and it has the power to pass any order or decree in the inter­est of justice. This powers are inherent and are complementary to those powers......ion without having obtained requisite licences and NOC in accordance with law from the concerned Ministries and authorities. Ed. This Case is also Reported in: 65 DLR (AD) (2013) 253. ..

Category: Information Technology Law | Date: 16 Nov, 2011 | Hits: 18

Hafizul Islam Chowdhury (Md.) Vs. Bangladesh and others, 2011, 40 CLC (HCD)

....3 of 2005 Judgment Md. Mizanur Rahman Bhuiyan J.- The petitioner obtained this Rule by filing an application under section 115(1) of the Code of Civil Procedure challenging the Judgment and decree dated 22-2-2005 and 28-2-2005 respectively passed by Additional District Judge, 2nd Court, Ga......; Ed.                    This Case is also Reported in: 18 BLC (HCD) (2013) 470.   ..

Category: Property Law | Date: 19 Oct, 2011 | Hits: 4

Renuza Begum and others Vs. Md. Waziullah Mia and others, 2011, 40 CLC (AD)

.... 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 title, arising subsequ......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. ..

Category: Contract Law | Date: 11 Oct, 2011 | Hits: 11

Victor Simon Paat and other Vs. M.V. Accord and others, 2011, 40 CLC (HCD)

....rincipal officer, Marine Mercantile Department, C.G.O Building, Agrabad, Chittagong. Judgment August 8, 2011, August 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......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: ..

Category: Admiralty Law or Maritime Law | Date: 23 Aug, 2011 | Hits: 87

Abdul Aziz Vs. Most. Kutisona Bibi and others, 2011, 40 CLC (AD)

.... 24.03.1979. Thokabjan Bibi also gifted 84 decimals of land to them by deed of gift dated 17.12.1981. 5. The contesting defendants, however, prayed for dismissal of the suit. 6. The trial court decreed the suit allotting a separate saham for 4.96 acres of land to the plaintiffs. Against that j...... 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. ..

Category: Property Law | Date: 24 Jul, 2011 | Hits: 71

Ayat Steel Limited Vs. Mohammad Ali and others, 2011, 40 CLC (AD)

....-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 in Artha Rin Suit Nos.29 of 2005 and 56 of 2005 against Capital Ship Breakers Limited, the p...... 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. ..

Category: Civil Law | Date: 17 Jul, 2011 | Hits: 7

Abul Bashar Vs. Abul Kashem and others, 2011, 40 CLC (HCD)

.... No.4490 of 1995 petitioner was defendant. Civil Revision No.4488 of 1995 arisen out of Other Class Suit No.79 of 1988 renumbered as 47 of 1991, further renumbered as 185 of 1991 for declaration that decree obtained in Other Class Suit No.13 of 1984 on 14-2-1985 and proceedings of Other Execution Ca......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. ..

Category: Civil Law | Date: 23 Jun, 2011 | Hits: 44

Sonali Bank Limited Vs. Abdul Malek and another, 2011, 40 CLC (HCD)

....to Appeal arises out of the judgment and order dated 20.05.2010 passed by a Division Bench of the High Court Division in First Appeal No.836 of 1991, dismissing the appeal, affirming the judgment and decree dated 28.01.1991 of the Subordinate Judge and Artha Rin Adalat, Comilla in Artha Rin Case No.......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. ..

Category: Banking Law | Date: 22 Jun, 2011 | Hits: 162

Sonali Bank Limited Vs. Abdul Malek and another, 2011, 40 CLC (HCD)

....to Appeal arises out of the judgment and order dated 20.05.2010 passed by a Division Bench of the High Court Division in First Appeal No.836 of 1991, dismissing the appeal, affirming the judgment and decree dated 28.01.1991 of the Subordinate Judge and Artha Rin Adalat, Comilla in Artha Rin Case No.......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. ..

Category: Banking Law | Date: 22 Jun, 2011 | Hits: 7

Iftekhar Uddin Ahmed Vs. Artha Rin Adalat and another, 2011, 40 CLC (HCD)

....rred to the Artha Rin Adalat No.2, Dhaka (the Adalat in short) and renumbered as Money Suit No.26 of 1990. The defendant-petitioner did not receive any summon of the suit. Eventually, the suit was decreed ex parte by Judgment and decree dated 19-9-1991 (decree signed on 29-9-1991). The Judgment-......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. ..

Category: Limitation Law | Date: 20 Jun, 2011 | Hits: 13

Md. Habibur Rahman Bhuiyan and others Vs. Mosammat Galman Begum and others, 2011, 40 CLC (AD)

.... 14. Similarly Article 103 does not give a right to a party to appeal to this Division except in cases provided in clause (2) to Article 103. Normally this Division grants leave against a judgment, decree or sen­tence of the High Court Division or from the judgment of the Administrative Appellate......ed by my learned brother Surendra Kumar Sinha J. Courts Order The appeal is allowed by majority decision without any order as to costs. Ed. This Case is also Reported in:9 ADC (2012) 575. ..

Category: Property Law | Date: 15 Jun, 2011 | Hits: 169