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Protima Sen and others Vs. Chitra Rani Dey and another, 1999, 28 CLC (HCD)

....of the order of the Court. Communicate the order to the learned Court below immediately for his information and necessary action. Ed. This Case is also Reported in: 52 DLR (HCD) (2000) 218. ......s Case is also Reported in: 52 DLR (HCD) (2000) 218. ......of the order of the Court. Communicate the order to the learned Court below immediately for his information and necessary action. Ed. This Case is also Reported in: 52 DLR (HCD) (2000) 218. ...... Judgment Gour Gopal Saha J.- This Rule is directed against the order dated 18-3-98 passed by the 1st Court of Subordinate Judge, Sadar Chittagong, in Partition Suit No.88 of 1981 rejecting the plaintiffs’ application for determination of the value of 1/3rd share of the suit property for buy..

Category: Property Law | Date: | Hits: 42

Tanveerul Haque Vs. Unistar Shipping Limited and ors., 1999, 18 CLC (HCD)

....int of Money Suit No. 31 of 1995 of the Subordinate Judge 2nd Court, Chittagong is hereby rejected. There will be no order as to costs. Ed. This Case is also Reported in: 52 DLR (HCD) (2000) 215.......Civil Revisional Jurisdiction) Present: Md. Tafazzul Islam J Gour Gopal Saha J Tanveerul Haque…………………………………………Petitioner Vs. Unistar Shipping Limited and ors……………Opposite Party Judgment July 20, 1999. Cases Referred To- Edward......int of Money Suit No. 31 of 1995 of the Subordinate Judge 2nd Court, Chittagong is hereby rejected. There will be no order as to costs. Ed. This Case is also Reported in: 52 DLR (HCD) (2000) 215....... by the learned Subordinate Judge, 2nd Court Chittagong in Money Suit No. 31 of 1995, should not be set aside. 2. Brief facts for disposal of this Rule are that, the opposite party Nos. 1 and 2 as plaintiffs, filed Money Suit No. 31 of 1995 in the Court of Second Subordinate Judge, Chittagong aga..

Category: Company Law | Date: | Hits: 197

Parimal Chandra & others Vs. Shaheda Begum and others, 1999, 18 CLC (HCD)

....rdinate Judge, Barguna in Title Suit No.18 of 1987 decreeing the suit are maintained. Send down the lower Court records immediately. Ed. This Case is also Reported in: 52 DLR (HCD) (2000) 206.......s immediately. Ed. This Case is also Reported in: 52 DLR (HCD) (2000) 206.......rdinate Judge, Barguna in Title Suit No.18 of 1987 decreeing the suit are maintained. Send down the lower Court records immediately. Ed. This Case is also Reported in: 52 DLR (HCD) (2000) 206....... the judgment delivered by it on 14-4-91 dismissing the appeal on contest and affirming the decree passed by the learned trial Court. 2. Short facts leading to the case are that, the appellants as plaintiffs instituted a suit in the Court of the Subordinate Judge, Barguna being Title Suit No.18 o..

Category: Procedural Law | Date: | Hits: 81

Mahbubul Huq (Md) Vs. Md. A Kader Munshi & others, 1999, 18 CLC (HCD)

....e copy of this judgment and order. The office is hereby directed to send a copy of this judgment to the trial Court at the earliest. Ed. This Case is also Reported in: 52 DLR (HCD) (2000) 194.......gment August 10, 1999. Cases Referred To- Naeem Finance Limited & another Vs. Bashir Ahmed Rafique, Administrator, Muslim Insurance Co Ltd & another, 23 DLR (SC) 81; Shahabuddin (Md) and another Vs. Habibur Rahman and others, 50 DLR (AD) 99; Sreemati Pushpa Rani Das and another vs. ......e copy of this judgment and order. The office is hereby directed to send a copy of this judgment to the trial Court at the earliest. Ed. This Case is also Reported in: 52 DLR (HCD) (2000) 194........ Bazlur Rahman, Senior Assistant Judge, Barguna in Title Suit No.17 of 1998 rejecting an application under Order 7, rule 11 of the Code of Civil Procedure. 2. Brief facts of the case is that, the plaintiff opposite party No.1 filed Title Suit No.17 of 1998 in the said Court for declaration that ..

Category: Property Law | Date: | Hits: 64

Mafizul Hoq Bebu (Md) Vs. Majida Begum and others, 2001, 30 CLC (HCD)

....e is hereby re-called and vacated. The learned Subordinate Judge is directed to dispose of the suit in accordance with law. Communicate. Ed. This Case is also Reported in: 54 DLR (2002) 219. ...... High Court Division(Civil Revisional Jurisdiction) Present: Md. Abdur Rashid J Hasan Foez Siddique J Mafizul Hoq Bebu (Md)……….……………… Petitioner Vs. Majida Begum and others……………..Opposite Parties Judgment December 10, 2001. Lawyers Involved: ......e is hereby re-called and vacated. The learned Subordinate Judge is directed to dispose of the suit in accordance with law. Communicate. Ed. This Case is also Reported in: 54 DLR (2002) 219. ......and Artha Rin Adalat No. 1, Dhaka in Title Suit No. 175 of 1999 rejecting the prayer for seeking expert’s opinion. 2. Short facts, for disposal of this Rule, are that the opposite party No. 1 as plaintiff filed Title Suit No. 9 of 1994 in the Second Court of Subordinate Judge, Dhaka for declara..

Category: Property Law | Date: | Hits: 28

Jiban Bima Corporation represented by its MD Vs. Md. Mohibul Majid and another, 1999, 28 CLC (HCD)

.... within 3 months from the date of receipt of the order. Communicate the order to the leaned Assistant Judge, 4th Court, Dhaka at once. Ed. This Case is also Reported in: 52 DLR (HCD) (2000) 186. ......High Court Division (Civil Revisional Jurisdiction) Present: Gour Gopal Saha J Jiban Bima Corporation represented by its MD…………………….Petitioner Vs. Md. Mohibul Majid and another…………………………………….Opposite Parties Judgment March 23, 199...... within 3 months from the date of receipt of the order. Communicate the order to the leaned Assistant Judge, 4th Court, Dhaka at once. Ed. This Case is also Reported in: 52 DLR (HCD) (2000) 186. ......prayer for execution of the decree for permanent injunction under Order 21 rule 32(1) of the Code of Civil Procedure. 2. Short facts relevant for the purpose of the case are that the petitioner as plaintiff instituted a suit in the 1st Court of Munsif at Dhaka, being Title Suit No. 122 of 1976, w..

Category: Procedural Law | Date: | Hits: 79

Sree Sree Goranga Bishnu Priya and others Vs. Afzal Khan and others, 1999, 28 CLC (HCD)

....de. The application of the plaintiff-opposite party No.1 for staying the proceeding of SCC Execution Case No.1 of 1997 stands rejected. Ed. This Case is also Reported in: 52 DLR (HCD) (2000) 172.......orted in: 52 DLR (HCD) (2000) 172.......de. The application of the plaintiff-opposite party No.1 for staying the proceeding of SCC Execution Case No.1 of 1997 stands rejected. Ed. This Case is also Reported in: 52 DLR (HCD) (2000) 172.......aside. 2. The portrayal of the essential facts forming the background of the issuance of the Rule is that the petitioners of this Rule Sree Sree Gouranga Bishnupriya represented by its Shebait, as plaintiffs laid a suit being Small Causes Court Suit No.3 of 1993 before the Small Causes Court Judg..

Category: Civil Law | Date: | Hits: 66

Abu Ashed Bhuiyan and Others Vs. Abu Taher Bhuiyan & others, 2000, 29 CLC (HCD)

....ourt to interfere with the judgment and decree complained of. In the result, the Rule is discharged. There shall be no order as to cost. Ed. This Case is also Reported in: 54 DLR (2002) 209. ......as to cost. Ed. This Case is also Reported in: 54 DLR (2002) 209. ......ourt to interfere with the judgment and decree complained of. In the result, the Rule is discharged. There shall be no order as to cost. Ed. This Case is also Reported in: 54 DLR (2002) 209. ......cord his name in SA Khatian as owner of the suit land. The last RS record has been published in his name. Abu Sufian died leaving behind defendant Nos. 1-9 while Firoz Bhuiyan died leaving behind the plaintiff and pro forma defendant No. 10. The defendants claimed the land on the basis of RS record...

Category: Property Law | Date: | Hits: 23

Muslim (Md) Vs. Abdul Motaleb and others, 2001, 30 CLC (HCD)

....ored. The order of status quo in respect of the possession granted earlier by this Court is vacated. Send down the lower Court records. Ed. This Case is also Reported in: 54 DLR (2002) 196.......DLR (2002) 196.......ored. The order of status quo in respect of the possession granted earlier by this Court is vacated. Send down the lower Court records. Ed. This Case is also Reported in: 54 DLR (2002) 196.......stant Judge Shaharasti, Chandpur, in Title Suit No.54 of 1989 decreeing the suit with cost should not be set aside. 2. The facts, in brief, for disposal of the Rule are that the petitioners as the plaintiffs instituted the suit for permanent injunction against the defendants in the Court of Assis..

Category: Property Law | Date: | Hits: 33

Abdul Hye and others Vs. Serajul Hoque and others, 2009, 38 CLC (AD)

....ls for no interference. There is no merit in the application. The petition is accordingly dismissed without any order as to costs. Ed. This Case is also Reported in: 15 MLR (AD) (2010) 435. ......s also Reported in: 15 MLR (AD) (2010) 435. ......ls for no interference. There is no merit in the application. The petition is accordingly dismissed without any order as to costs. Ed. This Case is also Reported in: 15 MLR (AD) (2010) 435. ......he suit. 2. The respondent, Serajul Hoque and others filed Title Suit No.44 of 1994 for partition which was contested by the defendant Nos.1-7 and 53 and the suit was decreed granting saham to the plaintiff as well as to the defendant Nos.1-7 and 53. Preliminary decree was not challenged and henc..

Category: Property Law | Date: | Hits: 31

Arun Bhowmick & others Vs. Salim Reza & others, 1987, 16 CLC (HCD)

....rder dated 13.9.84 passed by the learned Munsif is hereby restored. The Rule is accordingly made absolute without any order as to costs. Ed. This Case is also Reported in: 40 DLR (1988) 199. ......bsolute. Cases Referred to- A.I.R. 1920 (Cal) 467 (ChiranjilIal Ramala Vs. Tulsira Janki Das); A.I.R. 1964 (Allahabad) 342, (F.C. Davidson Vs. Mohanlal Sindhi); A.I.R. 1942(A11), 82 (Pyare Lal and others Vs. Chhotey Lal and others); A.I.R. 1925(Mad) 578 (Velovolu Ptharaju); 23 D.L.R 461, (Dac......rder dated 13.9.84 passed by the learned Munsif is hereby restored. The Rule is accordingly made absolute without any order as to costs. Ed. This Case is also Reported in: 40 DLR (1988) 199. ......suit No. 83 of 1984 in the 3rd Court of Munsif, Comilla against one Suruj Miah, the predecessor-in-interest of oppo­site party No. 1-15 and others for declaration of right, title and interest of the plaintiff in the suit properties and also for declaration that the alleged general Power of Attorney..

Category: Procedural Law | Date: | Hits: 95

Falu Mia & others Vs. Safar Ali & others, 1988, 17 CLC (HCD)

....ke out any case for reception of addi­tional evidence in this case. The Rules are therefore discharged but without any order as to costs. Ed. This Case is also Reported in: 40 DLR (1988) 165.......For Opposite Party Nos. 12 & 13. Civil Rule No. 335(F) of 1984 with Civil Rule No. 11(F) of 1985. Judgment Mustafa Kamal J. - These Rules call upon the plaintiff opposite party Nos. 1-3 and 12-13 to show cause why the judgment dated 7.12.82 passed in F.A. No. 32 of 1967 by this Divisio......ke out any case for reception of addi­tional evidence in this case. The Rules are therefore discharged but without any order as to costs. Ed. This Case is also Reported in: 40 DLR (1988) 165.......y Nos. 1-3. Miah Abdul Gafur - For Opposite Party Nos. 12 & 13. Civil Rule No. 335(F) of 1984 with Civil Rule No. 11(F) of 1985. Judgment Mustafa Kamal J. - These Rules call upon the plaintiff opposite party Nos. 1-3 and 12-13 to show cause why the judgment dated 7.12.82 passed in F..

Category: Property Law | Date: | Hits: 29

Asgar Ali & others Vs. Additional Deputy Commis­sioner, Khulna & others, 1987, 16 CLC (HCD)

.... remand for trial in the light of the observation made herein before. There will be no order as to costs. Send down the records at once. Ed. This Case is also Reported in: 40 DLR (1988) 157. ......epresented - the opposite party. Civil Revision No. 45 of 1987. Judgment Anwarul Huq Chowdhury J. - This Rule arises out of an application under sec­tion 115 of the Code of Civil Procedure and is direct­ed against the Judgement and decree dated 28.12.1983 passed by the learned Additional...... remand for trial in the light of the observation made herein before. There will be no order as to costs. Send down the records at once. Ed. This Case is also Reported in: 40 DLR (1988) 157. ...... residing in a portion of the suit property on permission of the pe­titioners from October, 1972 but since have left the premises. Shamsu Ghani died in March, 1971 at Dhaka leaving two sons, namely, plaintiff petitioner No.1 and 2 and wife, plaintiff petitioner No. 3 as his sole heirs - Plaintiff N..

Category: Property Law | Date: | Hits: 36

Kamaluddin Ahmed Sarwar alias Alhaj Kamaluddin Sarwar being dead his heirs Hasina Banu and others Vs. Mohammad Shahjahan and another, 2010, 39 CLC (AD)

....d any failure of justice. We find no merit in the contention of the learned Advocate-on-Record. The petition is, therefore, dismissed. Ed. This Case is also Reported in: 15 MLR (AD) (2010) 421. ...... Shah Abu Nayeem Mominur Rahman J ABM Khairul Haque J Md. Muzammel Hossain J Surendra Kumar Sinha J Kamaluddin Ahmed Sarwar alias Alhaj Kamaluddin Sarwar being dead his heirs Hasina Banu and others..........................................Petitioners Vs. Mohammad Shahjahan and ano......d any failure of justice. We find no merit in the contention of the learned Advocate-on-Record. The petition is, therefore, dismissed. Ed. This Case is also Reported in: 15 MLR (AD) (2010) 421. ...... order dated 27th October, 2008 of a Single Bench of the High Court Division in Civil Revision No. 1802 of 2008. 2. Short facts relevant for disposal of this petition are that the respondent No.1 (plaintiff) instituted Other Class Suit No.87 of 1999 renumbered as Other Class Suit No.189 of 1999 a..

Category: Procedural Law | Date: | Hits: 68

SM Nasirul Haque Vs. Omar Faruque Chowdhury and others, 2001, 30 CLC (HCD)

....are confirmed. Order of stay as granted at the time of issue of the Rule is hereby recalled and vacated. Send down the records. Ed. This Case is also Reported in: 54 DLR (2002) 181. ......Civil Revisional Jurisdiction) Present: Md. Abdur Rashid J Hasan Foez Siddique J SM Nasirul Haque…..……………Petitioner Vs. Omar Faruque Chowdhury and others ………Opposite Parties Judgment December 3, 2001. Cases Referre......are confirmed. Order of stay as granted at the time of issue of the Rule is hereby recalled and vacated. Send down the records. Ed. This Case is also Reported in: 54 DLR (2002) 181. ......ase. Mr. Islam told that effecting partition by Advocate Commissioners failed four times. Mr. Ismail submitted that chance of any final decree is far remote for the present successors of the original plaintiff have lost all their interest in such a decree. Be that as it may, the final decree that ma..

Category: Property Law | Date: | Hits: 39

Sufia Islam Shila and another Vs. Shakhawat Hossain and others, 2001, 30 CLC (HCD)

....ssioner within 3 months and to conclude the trial preferably within another 6 months from the date of receipt of the copy of this judgment. Ed. This Case is also Reported in: 54 DLR (2002) 178. ....... Ed. This Case is also Reported in: 54 DLR (2002) 178. ......ssioner within 3 months and to conclude the trial preferably within another 6 months from the date of receipt of the copy of this judgment. Ed. This Case is also Reported in: 54 DLR (2002) 178. ......er No.28 dated 16-3-1999 passed by Mr Aziz Ahmed Bhuiyan, learned Assistant Judge, 2nd Additional Court, Dhaka in Title Suit No.79 of 1998 accepting the report local investigation without hearing the plaintiff-petitioner, should not be set aside. 2. The Revisional application was filed mainly on ..

Category: Property Law | Date: | Hits: 28

Kowsar Chowdhury Vs. Latifa Sultana, 2001, 30 CLC (HCD)

.... the time of issuance of the Rule is hereby vacated. Send a copy of this judgment along with the LC record to the court concerned at once. Ed. This Case is also Reported in: 54 DLR (2002) 175.......r the Petitioner, Md. Korban Ali, Advocate— For the Opposite Party. Civil Revision No. 693 of 2000. Judgment Nazmun Ara Sultana J.- This Rule was issued calling in question the judgment and decree dated 28-9-1999 passed by the Additional District Judge, 7th Court, Dhaka, in Family Appe...... the time of issuance of the Rule is hereby vacated. Send a copy of this judgment along with the LC record to the court concerned at once. Ed. This Case is also Reported in: 54 DLR (2002) 175.......e appeal and thereby reversing the judgment and decree dated 10-6-1999 passed by the Assistant Judge, 2nd Court, Dhaka, in Family Suit No. 140 of 1998 dismissing the suit. 2. The opposite party as plaintiff filed the above Family Suit No. 140 of 1998 for getting maintenance for her daughter from ..

Category: Family Law | Date: | Hits: 186

Rajdhani Unnayan Kartripakkha (RAJUK) Vs. MN Alam and Associates Ltd. and another, 2001, 30 CLC (HCD)

.... and order of the trial Court are affirmed. We direct that the parties will bear their own costs. Send down the LCR, if any, immediately. Ed. This Case is also Reported in: 54 DLR (2002) 161.......eme Court High Court Division (Civil Revisional Jurisdiction) Present: Md. Fazlul Haque J NK Chakravartty J Rajdhani Unnayan Kartripakkha (RAJUK)...... Petitioner Vs. MN Alam and Associates Ltd. and another………..Opposite parties Judgment November 18, 2001. Ca...... and order of the trial Court are affirmed. We direct that the parties will bear their own costs. Send down the LCR, if any, immediately. Ed. This Case is also Reported in: 54 DLR (2002) 161.......rmed opposite party No.2 by separate letters dated 26-8-1998 through Special Messenger that Rajdhani Unnayan Kartripakkha was unwilling to submit to the jurisdiction of opposite party No.2. 3. The plaintiff-opposite party No.1 raised a dispute before the defendant-petitioner by claiming an amount..

Category: Alternative Dispute Resolution | Date: | Hits: 196

Alamgir (Md) Vs. Habea Begum, 1999, 28 CLC (HCD)

....he impugned order dated 29-6-98 passed by the learned District Judge, Cox’s Bazar in Miscellaneous Appeal No.6 of 1998 is affirmed. Ed. This Case is also Reported in: 52 DLR (HCD) (2000) 157. ......r Gopal Saha J Alamgir (Md)……………………… Petitioner Vs. Habea Begum ………………………..Opposite Party Judgment August 19, 1999. Lawyers Involved: Subash Chandra Saha, Advocate—For the Petitioner. Md Abu Bakkar Siddique, Advocate—For the Opposite Pa......he impugned order dated 29-6-98 passed by the learned District Judge, Cox’s Bazar in Miscellaneous Appeal No.6 of 1998 is affirmed. Ed. This Case is also Reported in: 52 DLR (HCD) (2000) 157. ......mily Court, Kutubdia Sadar in Family Suit No.3 of 1994 rescheduling payment of the decretal dues by instalments. 2. Short facts relevant for the purpose of the case are that, the opposite party as plaintiff instituted a suit in the Court of the Assistant Judge and Family Court, Kutubdia, Cox’s ..

Category: Family Law | Date: | Hits: 155

Nazim Habibuzzaman Vs. World Bank & others, 2001, 30 CLC (HCD)

....ble to be rejected in limine. In the result, the appeal is dismissed but without any order at to cost. Send down the records forthwith. Ed. This Case is also Reported in: 54 DLR (2002) 159.......ondaker Musa Khaled J Nazim Habibuzzaman…………….. Appellant Vs. World Bank & others……………….Respondents Judgment November 21, 2001. Case Referred To- T Arivandandam vs. T Satyapal, AIR 1977 (SC) 2421. Lawyers Involved: Khandaker A Quaiyum, Advocate â......ble to be rejected in limine. In the result, the appeal is dismissed but without any order at to cost. Send down the records forthwith. Ed. This Case is also Reported in: 54 DLR (2002) 159.......the High Commissioner, Government of India, claiming damages of Taka 4,00,000 crore (four lac crore) occurred due to the construction of Farakka Barrage at Farakka in India, causing sufferings to the plaintiff and the people of Bangladesh. In the plaint, the plaintiff traversed the history of Farakk..

Category: Others | Date: | Hits: 79