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Dinesh Chandra Deb Vs. Dulal Chandra Karmakar and others, 2001, 30 CLC (HCD)

....the Handwriting Expert in Title Suit No. 461 of 1990 2. The petitioner as plaintiff instituted Title Suit No.461 of 1990 in the Court of Assistant Judge, Sadar, Noakhali for a declaration that the decree dated 24-2-1983 passed by the learned Subordinate Judge, Sadar, Noakhali in Title Suit No.106...... vacated. Let a copy of the judgment be communicated to the learned Senior Assistant Judge concerned. Send down the LC record immediately. Ed. This Case is also Reported in: 53 DLR (2001) 259...

Category: Procedural Law | Date: | Hits: 85

Noorjahan Akhter Vs. A Motaleb & ors., 2000, 29 CLC (HCD)

.... Ahmed that the application under section 4 was premature is also not accepted being without any substance. Because such application invoking section 4 can be made at any stage before the preliminary decree. 15. In the background of what has been held above. I find that the learned Subordinate Ju......f Title Suit No.3 of 1983 now pending in the Court of the Subordinate Judge, 2nd Court, Dhaka stands vacated. I make no order as to costs. Ed. This Case is also Reported in: 53 DLR (2001) 256...

Category: Property Law | Date: | Hits: 113

Star Medical Store Vs. Subordinate Judge, Artha Rin Adalat and other, 2001, 30 CLC (HCD)

....bur Rahman calling upon the respondents Subordinate Judge Court No. 2 and Artha Rin Adalat No. 1 Rangpur and the Manager Uttara Bank, Rangpur Branch, to show cause as to why the impugned judgment and decree passed ex-parte on 25-10-1990 in Artha Rin Case No. 55 of 1990 and the proceedings of that ca......ears by this time. For the reasons and discussions made above, this writ petition does not merit and accordingly it is rejected summarily. Ed. This Case is also Reported in: 53 DLR (2001) 254...

Category: Civil Law | Date: | Hits: 93

Mojibul Haque (Md) Vs. Ataur Rahman and others, 2000, 29 CLC (HCD)

....Miscellaneous Appeal No.76/98. 2. The petitioner and ten others instituted Title Suit No.383/97 in the First Court of Assistant Judge, Dhaka impleading the opposite parties as defendants seeking a decree declaring that the general meeting dated 15-5-1997 and special general meeting on requisition...... of the suit independently. The Rule is accordingly discharged without any order as to costs. The stay order granted by this Court stands. Ed. This Case is also Reported in: 53 DLR (2001) 229...

Category: Administrative Law | Date: | Hits: 146

Fulbaria Adarsha Market Dokandar Malik Samity Vs. Fulbaria Adarsha Market Khatigrashta Kallyan Samabaya Samity Dokandar & others, 2001, 30 CLC (HCD)

....ter another, and is now being disposed of by this order. 4. On 29-11-2000 the petitioner in the later Rule as plaintiff instituted the suit against the Waqf Authorities, defendant Nos.1 to 3 for a decree for mandatory injunction for restoration of possession of the suit land measuring 1.00 acre c......im order of injunction in mandatory form dated 29-11-2000 is hereby set aside. No order as to cost. Communicate this order to the Court. Ed. This Case is also Reported in: 53 DLR (2001) 220. ..

Category: Civil Law | Date: | Hits: 84

Pubali Bank Ltd. Vs. Abdul Jalil Bhuiyan, 2000, 29 CLC (HCD)

....ank an amount of Taka 4,00,000.00 in respect of the claims of the Bank. Eventually the defendant opposite party did not appear before the Artha Rin Adalat to contest the suit. The suit was ultimately decreed ex-parte on 23-3-93 for an amount of Taka 9,23,315.09 as on 28-3-91, with interest on the de......rected to dispose of the execution Case with utmost expediency. Communicate the order of the court to the learned execution court at once. Ed. This Case is also Reported in: 53 DLR (2001) 217...

Category: Civil Law | Date: | Hits: 92

Bangladesh Water Development Board Vs. Contractor, Manu Barrage, 2000, 29 CLC (HCD)

....oksudur Rahman with Fazlul Haque, Advocates—For the Respondent. First Appeal No. 180 of 2000. Judgment Md. Abdur Rashid J.- This appeal presented by the defendants against the judgment and decree dated 21-11-1999 passed by the Subordinate Judge, 3rd Court, Dhaka in Money Suit No.12 of 199......ll realisation. The parties are directed to bear their own respective costs. Send down the record of the case without any further delay. Ed. This Case is also Reported in: 53 DLR (2001) 200. ..

Category: Civil Law | Date: | Hits: 132

Abdul Wahab Biswas Vs. Abdul Matin Miah & others, 1999, 28 CLC (HCD)

....rder of the trial Court granting ad-interim injunction. 12. Section 108 of the Code of Civil Procedure provides as follows: “108. The provisions of this Part relating to appeals from original decrees shall so far as may be, apply to appeals- (a) from appellate decrees, and (b) from orders ma....... The learned District Judge should be careful henceforth in passing orders so that it may not be repeated. Communicate the order at once. Ed. This Case is also Reported in: 53 DLR (2001) 196...

Category: Procedural Law | Date: | Hits: 81

Fazar Ali Vs. Mizanur Rahman and another, 2010, 39 CLC (AD)

....petitioner arose out of the judgment and order dated 28th May, 2009 of a Single Bench of the High Court Division in Civil Revision No. 2843 of 2008 discharging the rule and affirming the judgment and decree dated 16th June, 2008 of the learned Additional District Judge, 1st Court, Gazipur in Title A......with the concurrent find­ings of fact. We, therefore, find no reason to interfere with the same. The petition is accordingly dismissed. Ed. This Case is also Reported in: VII ADC (2010) 518...

Category: Property Law | Date: | Hits: 23

Most. Selina Banu Bewa and others Vs. Most. Jamila khatun and another, 2009, 38 CLC (AD)

....ioners, is directed against the order dated 3.3.2008 of the High Court Division passed in Civil Order No. 1711 of 2008 summarily dismissing the revisional application filed impugning the judgment and decree dated 17.9.2007 of the learned Joint District Judge, 1st Court, Bogra passed in Other Appeal ......oper consideration of the materials on record arrived at a correct decision and accordingly no interference call for. The petition is dismissed. This Case is also Reported in: VII ADC (2010) 516...

Category: Property Law | Date: | Hits: 26

Hazi Sanjob Ali Vs. Hurmuj Ali and others, 2010, 39 CLC (AD)

....for leave to appeal is directed against the judgment and order dated 24.07.2008 passed by the High Court Division in Civil Revision No.5392 of 2001 discharging the Rule and affirming the judgment and decree dated 14.08.2001 passed by the learned Additional District Judge in Title Appeal No. 69 of 19...... the judgment of the trial court that correctly dismissed the suit. We find no substance in this petition which is accordingly dismissed. Ed. This Case is also Reported in: VII ADC (2010) 513...

Category: Property Law | Date: | Hits: 28

Most. Sajeya Begum and others Vs. Md. Shahidul and others, 2010, 39 CLC (AD)

....gainst the judg­ment and order dated the 26th day of October, 2008 passed by the High Court Division in Civil Revision No.6169 of 1991 making the Rule absolute thereby setting aside the judgment and decree dated 17.12.1987 passed by the Subordinate Judge, Chuadanga in Title Appeal No. 83 of 1984 th......udgment an order dated 25.10.2008 passed by the High Court Division in Civil Revision No.6169 of 1991 is stayed till disposal of the appeal. Ed. This Case is also Reported in: VII ADC (2010) 505...

Category: Property Law | Date: | Hits: 23

Gonesh Ghosh Vs. Babu @ Sabir Ahmed and others, 2010, 39 CLC (AD)

.... stamp and cartridge paper and filed Title Suit No.36 of 1971 in the Court of Subordinate Judge, 2nd Court, Dhaka against Keshob Lal for specific perform­ance of contract and fraudulently obtained a decree which is illegal, inoperative and no binding upon the plaintiffs. Momtazuddin and others file......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 also Reported in: VII ADC (2010) 501...

Category: Property Law | Date: | Hits: 29

Md. Abu Zafar Shahid and others Vs. Mrs. Joinab Begum and others, 2009, 38 CLC (AD)

....e High Court Division in Civil Revision No.2379 of 2004 dis­charging the rule. 2. The short fact is that the respondent Nos.1-12 as plaintiffs instituted Partition Suit No.4 of 1954. The suit was decreed in preliminary form by judgment and order dated 31, 3.1954 allotting two annas share to the ...... on record arrived at a correct decision. We therefore find no reason to interfere with the same. The petition is accordingly dismissed. Ed. This Case is also Reported in: VII ADC (2010) 499...

Category: Property Law | Date: | Hits: 17

Ebrahim Steel Re-Rolling Industries (Pvt.) Limited Vs. Bangladesh and others, 2010, 39 CLC (AD)

....directed against the judgment and order dated the 20th day of August, 2008 passed by the High Court Division in Writ Petition No.2936 of 2006 discharging the Rule arising out of ex parte judgment and decree dated 25.05.1999 passed by the Subordinate Judge and Artha Rin Adalat No.1, Dhaka in Title Su......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) 495. ..

Category: Banking Law | Date: | Hits: 95

Charupado Mondol and others Vs. Chinmay Bachar and others, 2009, 38 CLC (AD)

....e the patta but in the eye of law he is not entitled to challenge the patta again and as such the impugned judgment is ille­gal. He also submits that it has been found and proved by the judgment and decree dated 31.07.1970 passed in Title Suit No.384 of 1968 that Tanti Bewa died in 1346 B.S. and as......judicata in the instant suit, and the trial Court, if the ques­tion is so raised, is directed to decide the same in accordance with law. Ed. This Case is also Reported in: VII ADC (2010) 492. ..

Category: Procedural Law | Date: | Hits: 95

Jalalabad Co-opera­tive Housing Society Ltd. and another Vs. Mosammat Roushan Jahan and others, 2010, 39 CLC (AD)

....oufique Hossain, Advocate-on-Record-For Respondent Nos. 1-3, 5, 7-9. Not repre­sented-Respondent Nos. 4, 6, 10-26. Civil Petition for Leave to Appeal No. 888 of 2009. (From the judgment and decree dated 23.02.2009 passed by the High Court Division in First Appeal No. 324 of 1997.) Judgm......order passed by the High Court Division and thus do not find any substance in the leave petition. The petition is accordingly dismissed. Ed. This Case is also Reported in: VII ADC (2010) 486...

Category: Property Law | Date: | Hits: 38

Md. Azim Uddin Vs. Md. Abdul Latif and others, 2010, 39 CLC (AD)

....order dated 06.01.2009 passed by the High Court Division in Civil Revision No.5532 of 2001 heard analo­gously with Civil Revision No. 2464 of 2000 discharging the Rule and upholding the judgment and decree dated 16.07.2001 passed by the learned Subordinate Judge, First Court, Dhaka in Title Appeal ......llate judgment and decree and restored those 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) 484...

Category: Property Law | Date: | Hits: 24

Sree Bishonath Das and others Vs. Sree Binoy Kumar Das and others, 2009, 38 CLC (AD)

.... Matin J. - This petition for leave to appeal is directed against the judgment and order dated 18.05.2009 passed by the High Court Division in Civil Revision No.820 of 1997 against the judg­ment and decree dated 30.10.1996 passed by the learned Subordinate Judge, Court No. 2, Jessore in Title Appea......by the courts below in finding possession and title in favour of the plaintiff respondent. Accordingly the leave petition is dis­missed. Ed. This Case is also Reported in: VII ADC (2010) 478...

Category: Property Law | Date: | Hits: 27

Mojibor and another Vs. Md. Nurul Islam and others, 2010, 39 CLC (AD)

....J. - This Petition for Leave to Appeal is directed against the judgment and order dated the 12th day of May, 2009 passed by the High Court Division in First Appeal No. 195 of 1999 allowing the appeal decreeing the Title Suit No.4 of 1997. 2. The facts involved in the case, in short, are that the ......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 also Reported in: VII ADC (2010) 467...

Category: Property Law | Date: | Hits: 91