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Ratan Sarder and others Vs. Bishai Bepari and others, 2009, 38 CLC (AD)
....vocate for the appellants and as such, find no merit in the appeal. Accordingly, the appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: VII ADC (2010) 788. ...... Case is also Reported in: VII ADC (2010) 788. ......vocate for the appellants and as such, find no merit in the appeal. Accordingly, the appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: VII ADC (2010) 788. ......five daughters named Ahez Banu Bibi, Kutu Banu, Jamila, Alimjan Bibi and Chuti Banu Ahez Banu Bibi but during the last 10 years before his death Nazimuddin Sarder due to illness became insane and the plaintiff, being an heir, inherited to the extent of 1 anna and 14 gandas measuring .3934 acres of l..Category: Property Law | Date: | Hits: 28
Abdul Mannan Sheikh (Md) Vs. Soleman Bewa and others, 2007, 36 CLC (HCD)
....vacated. Send down the lower Court's record at once with a copy of the judgment for information and taking necessary action. Ed. This Case is also Reported in: 59 DLR (2007) 392. ......e Court High Court Division (Civil Revisional Jurisdiction) Present: SM Ziaul Karim J Abdul Mannan Sheikh (Md)………...Petitioner Vs. Soleman Bewa and others…………. Opposite Parties Judgment February 8, 2007. Cases Refer......vacated. Send down the lower Court's record at once with a copy of the judgment for information and taking necessary action. Ed. This Case is also Reported in: 59 DLR (2007) 392. ......First Court, Naogaon Sadar, in Other Class Suit No. 80 of 1996, dismissing the suit. 2. Short facts leading to this Rule are that on 13-7-1996, Soleman Bewa, predecessor of apposite parties as plaintiff instituted Other Class Suit No. 80 of 1996 in the First Court of Senior Assistant Judge, N..Category: Property Law | Date: | Hits: 26
Jakir Hossain Vs. Jel Vanu, 2005, 34 CLC (HCD)
..... 25 of 2003 are hereby set aside. There is no order as to costs. Send down the Lower Court Records at once. Ed. This Case is also Reported in: 59 DLR (2007) 340, 26 BLD (HCD) (2006) 98. ......es Referred To- Dewan Mohammad Safare Ali vs. Bangladesh 43 DLR 221; Gangamoyi Debi vs. Troiluckhya Nath Chowdhury 33 IA 60 at 65; Abani Mohan Saha vs. Assistant Custodian (SDO) Vested Property, Chandpur 39 DLR (AD) 223; Kiron Chandra Das vs. Sirajul Hoque Patwari 34 DLR 225; Saheda Khatun vs. Sh....... 25 of 2003 are hereby set aside. There is no order as to costs. Send down the Lower Court Records at once. Ed. This Case is also Reported in: 59 DLR (2007) 340, 26 BLD (HCD) (2006) 98. ......Âmissing the suit should not be set aside or such other or further order or orders passed as to this Court may seem fit and proper. 2. It is the petitioner's case that the opposite party No. 1 as plaintiff on 30-5-2000 instituted Title Suit No. 78 of 2000 before, the Court of Senior Assistant Ju..Category: Property Law | Date: | Hits: 32
Titas Gas Transmission and Distribution Co. Ltd. Vs. Shams Company and others, 2001, 30 CLC (HCD)
....unity of hearing to both parties and as soon as within six months, from the date of receipt of the records. Send down the records at once. Ed. This Case is also Reported in: 54 DLR (2002) 128....... at once. Ed. This Case is also Reported in: 54 DLR (2002) 128.......unity of hearing to both parties and as soon as within six months, from the date of receipt of the records. Send down the records at once. Ed. This Case is also Reported in: 54 DLR (2002) 128.......presented by the defendant No. 1 against judgment and decree dated 4-9-1990 passed by Subordinate Judge at Brahmanbaria in Title Suit No. 35 of 1986. 2. Facts are not disputed. Respondent No. 1 as plaintiff on 21-5-1986 instituted the suit in the Court of the Subordinate Judge at Brahmanbaria a d..Category: Property Law | Date: | Hits: 31
Md. Abul Kasem Vs. Government of Bangladesh, 2010, 39 CLC (AD)
....ord arrived at a correct decision. We, therefore, find no merit in the contention of the learned Advocate-on-Record. The petition is accordingly dismissed. Ed. This Case is also Reported in: ......Md. Muzammel Hossain J Surendra Kumar Sinha J Md. Abul Kasem………………………………Petitioner Vs. Government of Bangladesh, represented by the Deputy Commissioner, Mymensingh and others………………Respondents Judgment August 1, 2010. Lawyers Involved: Md. ......ord arrived at a correct decision. We, therefore, find no merit in the contention of the learned Advocate-on-Record. The petition is accordingly dismissed. Ed. This Case is also Reported in: ......eal No. 2530 of 2009. (From the judgment and order dated 27.10.2009 passed by the High Court Division in Civil Revision No.5953 of 2001.) Judgment SK Sinha J.-This petition by one of the plaintiffs, for leave to appeal is directed against the judgment and order dated 27th October, 2009 ..Category: Property Law | Date: | Hits: 27
Md. Abdul Khaleque and another Vs. Manik Chandra Sheel and others, 2010, 39 CLC (AD)
....of the above, we find no substance in the submissions of the learned Counsel for the petitioners. Accordingly, the petition is dismissed. Ed. This Case is Reported in: 16 MLR (AD) 2011, 16. ......Case is Reported in: 16 MLR (AD) 2011, 16. ......of the above, we find no substance in the submissions of the learned Counsel for the petitioners. Accordingly, the petition is dismissed. Ed. This Case is Reported in: 16 MLR (AD) 2011, 16. ...... 8 of 1993 decreeing the suit. 2. The facts involved in the case, in short, are that the deed mentioned in ‘Ka’ schedule of the plaint bearing No.4524 dated 01.08.1992 is not binding upon the plaintiffs and that Monmohon Sheel was the husband of Shurdhani Sheel, defendant No.2, Monmohon Shee..Category: Property Law | Date: | Hits: 29
Yunus Mia (Md) and others Vs. Bangladesh Krishi Bank & ors, 2001, 30 CLC (HCD)
.... is hereby re-called and vacated. The executing Court is directed to proceed with the execution as usual in accordance with law. Communicate. Ed. This Case is also Reported in: 54 DLR (2002) 123.......his Case is also Reported in: 54 DLR (2002) 123....... is hereby re-called and vacated. The executing Court is directed to proceed with the execution as usual in accordance with law. Communicate. Ed. This Case is also Reported in: 54 DLR (2002) 123.......ellaneous Case No.13 of 1998 by which the prayer, for release of the attached property was rejected. 2. Short facts for disposal of the Rule are that opposite party No.1, Bangladesh Krishi Bank as plaintiff instituted Title Suit No. 1 of 1995 (mortgage) against opposite party Nos. 2 to 9 for reco..Category: Property Law | Date: | Hits: 27
.... at liberty to dismiss the plaint. Accordingly this Rule is discharged with observation as made above. There shall be no order as to costs.
Ed.
This Case is also Reported in: 54 DLR (2002) 122.
......ion
(Special Original Jurisdiction)
Present:
Md. Abdul Matin J
Mohammad Marziul Huq J
Rezaul Karim Chowdhury (Md) & others ……….Petitioners
Vs.
Court of District Judge and Bankruptcy Court Chittagong and others…….Respondents
Judgment
October 25, 2001.
La...... at liberty to dismiss the plaint. Accordingly this Rule is discharged with observation as made above. There shall be no order as to costs.
Ed.
This Case is also Reported in: 54 DLR (2002) 122.
...... 4 of 1999 of the Bankruptcy Court, Chittagong instituted by the respondent No. 2 so far as it relates to the petitioners.
2. The respondent No. 2 Sonali Bank, Agrabad Corporate Branch, Agrabad as plaintiff instituted Bankruptcy Case No. 2 of 1999 as per Rule 4(1) of the Bankruptcy Rules, 1997 be..
Category: Banking Law | Date: | Hits: 127
Badarnessa and others Vs. Mafuza Khatun and others, 2009, 38 CLC (AD)
....ce in the submissions of the learned Counsel for the appellant. Accordingly, the appeals are dismissed without any order as to costs. Ed. This Case is also Reported in: 15 BLC (AD) (2010) 195.......Ed. This Case is also Reported in: 15 BLC (AD) (2010) 195.......ce in the submissions of the learned Counsel for the appellant. Accordingly, the appeals are dismissed without any order as to costs. Ed. This Case is also Reported in: 15 BLC (AD) (2010) 195.......Âordinate Judge, First Court, Comilla in Partition Suit No.15 of 1968 decreeing the suit-in-part. 2. The fates involved in the case, in short, are that Idris Mia, predecessor of the appellants as plaintiff filed Title Suit No.15 of 1968 in the first Court of Subordinate Judge, Comilla for partit..Category: Property Law | Date: | Hits: 29
Azizur Rahman Vs. Mariamunnessa and others, 2001, 30 CLC (HCD)
.... directed to dispose of the suit within one year from the date of receipt of this judgment and order. Send down the lower court records. Ed. This Case is also Reported in: 54 DLR (2002) 108. ......(2002) 108. ...... directed to dispose of the suit within one year from the date of receipt of this judgment and order. Send down the lower court records. Ed. This Case is also Reported in: 54 DLR (2002) 108. ......n Miscellaneous Case No. 87 of 1992 rejecting the application under Order 9 rule 13 of the Code of Civil Procedure. 2. Briefly, the facts for disposal of the Rule are that, the opposite parties as plaintiffs instituted the Title Suit No. 40 of 1990 in the Court of Assistant Judge, Sadar, Noakhali..Category: Property Law | Date: | Hits: 44
Matasim Ali Chowdhury Vs. Md. Ismail, 2001, 30 CLC (HCD)
....ule stands discharged. Order of stay recorded by this Court at the time of issuance of Rule dated 5-11-2000 stands vacated. No costs. Ed. This Case is also Reported in: 54 DLR (2002) 104. ......e following two questions which are- (i) Whether Local Investigation under Order 26, rule 9 of the Code of Civil Procedure on matters stated in the application for Local investigation is essential and imperative in resolving the controversy and material issue involved in the suit for a decree of ......ule stands discharged. Order of stay recorded by this Court at the time of issuance of Rule dated 5-11-2000 stands vacated. No costs. Ed. This Case is also Reported in: 54 DLR (2002) 104. ......Party. Civil Revision No. 4842 of 2000. Judgment A K Badrul Huq J.- An order dated 23-10-2000 recorded by Senior Assistant Judge, Second Court, Dhaka in Title Suit No. 226 of 1985 rejecting plaintiff-petitioner’s application for local Investigation under rule 9 of Order 26 of the Code o..Category: Administrative Law | Date: | Hits: 236
Bhashani Mondal Vs. Md. Abdus Sukur and others, 2010, 39 CLC (AD)
....In view of our discussions made above the appeal is allowed without any order as to cost. Ed. This Case is also Reported in: 18 BLT (AD) (2010) 497; 8 LG (AD) (2011) 25; 64 DLR (AD) (2012) 84. ....... Supreme Court Appellate Division (Civil) Present: Md. Tafazzul Islam CJ Md. Abdul Matin J ABM Khairul Haque J Surendra Kumar Sinha J Bhashani Mondal being dead his heirs Nanda Rani Mondal and another…......Appellants Vs. Md. Abdus Sukur and others……………â......In view of our discussions made above the appeal is allowed without any order as to cost. Ed. This Case is also Reported in: 18 BLT (AD) (2010) 497; 8 LG (AD) (2011) 25; 64 DLR (AD) (2012) 84. ......Court Division in Civil Revision No.3535 of 2000 making the Rule absolute. 2. The facts, in short, are that the appellant is defendant No.1 in Title Suit No.249 of 1998 which was instituted by the plaintiffs for declaration that the judgment and decree passed by the learned additional Assistant J..Category: Property Law | Date: | Hits: 39
Sonali Bank Vs. Rana Oil Mill and ors., 1999, 28 CLC (HCD)
....0 is hereby set aside and the suit is also dismissed with costs of appeal and the suit. Send down the lower court records at once. Ed. This Case is also Reported in: 52 DLR (HCD) (2000) 130. ......ourt High Court Division (Civil Appellate Jurisdiction) Present: MA Choudhury J Md. Abdul Aziz J Sonali Bank………………….……………..Petitioner Vs. Rana Oil Mill and ors …………………..Respondents Judgment May 24, 1999. Cases Referred To- Koh......0 is hereby set aside and the suit is also dismissed with costs of appeal and the suit. Send down the lower court records at once. Ed. This Case is also Reported in: 52 DLR (HCD) (2000) 130. ......li, Advocate—For the Appellant. Abdul Awal, Advocate—For the Respondents. Appeal from Original Decree No. 589 of 1991. Judgment Md. Abdul Aziz J. - This appeal at the instance of the plaintiffs is directed against the judgment dated 31-1-1991 and decree dated 23-2-1991 passed by Mr...Category: Civil Law | Date: | Hits: 85
Canada Shipping and Trading SA Vs. TT Katikaayu and another, 2001, 30 CLC (HCD)
....ion Clause No. 11 of the Memorandum of Agreement dated 25th May, 2001 relating to sale of the vessel TT Katikaayu till disposal of the suit. Ed. This Case is also Reported in: 54 DLR (2002) 93. ......u till disposal of the suit. Ed. This Case is also Reported in: 54 DLR (2002) 93. ......ion Clause No. 11 of the Memorandum of Agreement dated 25th May, 2001 relating to sale of the vessel TT Katikaayu till disposal of the suit. Ed. This Case is also Reported in: 54 DLR (2002) 93. ......er, M. Hafizullah with Al-Amin Sarker, Advocates—For the Defendant-Petitioners. Admiralty Suit No. 14 of 2001. Judgment KM Hasan J.- These two applications—one for injunction by the plaintiff, restraining the original defendants from proceeding with Arbitration and another for stay..Category: Admiralty Law or Maritime Law | Date: | Hits: 184
Haji Arshad Ali Kari Vs. Asmat Ali Hawlader and others, 2008, 37 CLC (AD)
....above, we find no substance in the submissions of the learned Advocate for the petitioner. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: 18 BLT (AD) (2010) 318. ......lul Karim J Md. Tafazzul Islam J Md. Joynul Abedin J Md. Abdul Matin J Haji Arshad Ali Kari……………………………………...............Petitioner Vs. Asmat Ali Hawlader and others……………………......Respondent Judgment July 30, 2008. Case Referred To......above, we find no substance in the submissions of the learned Advocate for the petitioner. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: 18 BLT (AD) (2010) 318. ......l No. 126 of 1992 affirming those dated 26.05.1992 passed by the Senior Assistant Judge, Perojpur in Title Suit No.211 of 1984 dismissing the suit. 2. The facts of the case, in short, are that the plaintiff instituted Title Suit No.211 of 1984 in the Court of Senior Assistant Judge, Perojpur for ..Category: Property Law | Date: | Hits: 30
Giyash Uddin Vs. Martuza Bibi and ors., 2010, 39 CLC (AD)
..... The plaintiff predecessors-in-interest used this passage for more than 100 years and they have no other alternative passage to reach the public road. This is the only passage by which they can have ingress and egress from their residence. The brother of the defendant No.1 Mojullah and Idris Ullah ......(Civil) Present: MM Ruhul Amin J Md. Tafazzul Islam J Md. Abdul Matin J Giyash Uddin……………………………………………Petitioner (In both cases) Vs. Martuza Bibi and ors………………………………….Respondents (In both cases) Judgment January 2......iff predecessors-in-interest used this passage for more than 100 years and they have no other alternative passage to reach the public road. This is the only passage by which they can have ingress and egress from their residence. The brother of the defendant No.1 Mojullah and Idris Ullah filed a sole......7 of 1992 (heard analogously with Title Suit No.14 of 1992) dismissing the suit. 2. The facts, in short, are that the Title Suit No.14 of 1992 was filed by the predecessor of the opposite party as plaintiff imÂpermanent injunction, restraining the defendant of the said suit from demolishing pucc..Category: Property Law | Date: | Hits: 33
Hazera Begum Vs. Artha Rin Adalat & another, 2001, 30 CLC (HCD)
.... Artha Rin Adalat. The Rule is liable to be discharged. In the result, the Rule is discharged. Stay granted earlier is vacated. Ed. This Case is also Reported in: 54 DLR (2002) 78. ...... Rule was issued calling upon the respondents to show cause as to why the impugned order dated 20-7-20 (Annexure ‘E’) passed in Money Execution Case No. 2 of 1991 by the learned Subordinate Judge and Artha Rin Adalat, Faridpur as far as it relates to the issuance of Civil Warrant of Arrest is co...... Artha Rin Adalat. The Rule is liable to be discharged. In the result, the Rule is discharged. Stay granted earlier is vacated. Ed. This Case is also Reported in: 54 DLR (2002) 78. ......l effect. 2. We have found that in this Rule the petitioner is one of the judgment debtors in Artha Rin Adalat suit No. 2/91 of Artha Rin Adalat, Faridpur. The respondent No. 2, Agrani Bank is the plaintiff of that suit. The suit was decreed and decree holder filed an application for execution th..Category: Civil Law | Date: | Hits: 89
Abu Bakar Siddique Vs. Md. Khorshed Alam & ors., 2001, 30 CLC (HCD)
....this Rule is discharged without any order as to costs on the ground of maintainability with the findings and observations made herein above. Ed. This Case is also Reported in: 54 DLR (2002) 75. ......horshed Alam & ors .........Opposite Parties Judgment May 13, 2001. Lawyers Involved: Mohammad Nazrul Islam, Advocate—For the Petitioner. Mahmudul Islam with AHA Rahman Chowdhury and Nahid Mahtab, Advocates—For Opposite Party No. 1. Md. Khalilur Rahman, Advocates—For Oppo......this Rule is discharged without any order as to costs on the ground of maintainability with the findings and observations made herein above. Ed. This Case is also Reported in: 54 DLR (2002) 75. ......96 should not be set aside and or pass such other or further orders as to this Court may seem fit and proper. 2. Short facts, necessary, for the disposal of the Rule are that the opposite party as plaintiff filed Title Suit No. 306 of 1989 in the Court of Assistant Judge, 1st Court, Dhaka against..Category: Property Law | Date: | Hits: 32
Atar Ali Miah (Md) Vs. State and Others, 1999, 28 CLC (HCD)
.... In the result, the Rule stands discharged. Order of stay granted at the time of issuance of the Rule stands vacated. No costs. Ed. This Case is also Reported in: 52 DLR (HCD) (2000) 120.......(2000) 120....... In the result, the Rule stands discharged. Order of stay granted at the time of issuance of the Rule stands vacated. No costs. Ed. This Case is also Reported in: 52 DLR (HCD) (2000) 120.......anj in Title Suit No.78 of 1999 disposing an application for temporary injunction under Order 39, rule 1 of the Code and thereby rejecting the same. 2. Petitioner of the Civil Revision Petition is plaintiff and opposite parties are defendants in the suit. 3. The Code of Civil Procedure will be..Category: Property Law | Date: | Hits: 34
Mobasher Hossain (Md) and others Vs. Saidur Rahman (Pvt) Ltd. and others, 2002, 31 CLC (HCD)
....he launch ghat at Gazaria where it was in the morning of 8th April, 2002 within seven days from date. There shall be no order as to cost. Ed. This Case is also Reported in: 55 DLR (2003) 51. ......s to cost. Ed. This Case is also Reported in: 55 DLR (2003) 51. ......he launch ghat at Gazaria where it was in the morning of 8th April, 2002 within seven days from date. There shall be no order as to cost. Ed. This Case is also Reported in: 55 DLR (2003) 51. ......who allegedly took over the said vessel in violation of the order of ad interim injunction passed by this Court on 2nd April 2002. 2. The facts leading to the filing of this petition are that the plaintiff-petitioner earlier filed the instant suit for declaration, injunction and compensation wit..Category: Admiralty Law or Maritime Law | Date: | Hits: 188
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