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Md. Asheque Ali Vs. Md. Shamsul Hoque Sarder and others, 2010, 39 CLC (AD)
....der dated 26th February, 2003 dismissed the suit directing the defendant No. 2 to refund Tk. 25,000/- to the plaintiffs within 180 days from the date of judgment, in default of which, the suit stands decreed. Being aggrieved by the aforesaid judgment and decree, the respondent Nos.1 and 2 preferre......low. Considering the facts and circumstances of the matter, we find no merit in this petition, which is accordingly dismissed. Ed. This Case is also Reported in: VII ADC (2010) 418. ..Category: Property Law | Date: | Hits: 17
Biman Bangladesh Airlines and others Vs. Al Rojoni Enterprise, 2010, 39 CLC (AD)
....r dated 26.11.2008 passed by the High Court Division in First Appeal No.28 of 2004) Order ABM Khairul Haque J. - This is a petition for leave to appeal in respect of the judgment and decree dated 26.11.2008, passed by the High Court Division, in allowing the First Appeal No.28 of 20......nd order dated 26.11.2008 passed by the High Court Division in First Appeal No. 28 of 2004, be stayed till disposal of the appeal. Ed. This Case is also Reported in: VII ADC (2010) 415. ..Category: Civil Law | Date: | Hits: 85
Sadharan Bima Corporation and another Vs. LG Engineering Co. Ltd and others, 2010, 39 CLC (AD)
....structed by Md. Nawab Ali, Advocate-on-Record-For Respondent No.1. Not represented-Respondent Nos.2-5. Civil Petition for Leave to Appeal No. 1198 of 2009. (From the judgment and decree dated 04.03.2009 passed by the High Court Division in F.A. No. 437 of 2001.) Judgment ......ision and accordingly the leave petition is dismissed with modification that the decree will be executed against defendant No. 1 only. Ed. This Case is also Reported in: VII ADC (2010) 413. ..Category: Business or Commercial Law | Date: | Hits: 186
Saleh Ahmed Vs. Sreemati Rani Prava Mitra and others, 2010, 39 CLC (AD)
....of this petition, in brief, are that this petitioner filed a suit being the Partition Suit No.25 of 1999 in the Court of Joint District Judge, Patiya, against the respondent Nos.1 to 8, praying for a decree for partition of the property mentioned in the schedule to the plaint. 4. The case of th......ch circumstances, the contentions raised on behalf of the petitioner, has got no substance. In the result, the petition is dismissed. Ed. This Case is also Reported in: VII ADC (2010) 408. ..Category: Limitation Law | Date: | Hits: 181
Chand Bibi being died her heirs and others Vs. Mosammat Towhide Begum and others, 2010, 39 CLC (AD)
....s documents were destroyed and taking advantage of the situation, the defendant No.1 created some ante dated papers and instituted a suit in the Court of Munsif, Sirajgonj and obtained a fraudulent decree by practicing fraud upon the Court. The plaintiffs are not bound by the said decree. During t......the rules. The operation of the impugned judgment and order of the High Court Division be stayed till disposal of the appeal. Ed. This Case is also Reported in: VII ADC (2010) 397. ..Category: Property Law | Date: | Hits: 25
Shahin Mia Vs. Parul Begum wife of Ibrahim and others, 2009, 38 CLC (AD)
....inst the judgment and order dated 11.5.09 of a learned Single Judge of the High Court Division making the rule being Civil Revision No. 157 of 2003 absolute and thereby setting aside the judgment and decree of the courts below and decreeing the suit in favour of the plaintiff. 2. The responde...... in accordance with the Rules. The order of stay granted earlier by this Division shall continue till disposal of the appeal. Ed. This Case is also Reported in: VII ADC (2010) 394. ..Category: Property Law | Date: | Hits: 43
Riaz Uddin Ahmed Vs. Khondakar Khorshed Ali, 2010, 39 CLC (AD)
....n for Leave to Appeal No. 1733 of 2008. 2. The petitioner filed Other Class Suit No. 72 of 1986 in the Court of Assistant Judge, Basail, Tangail, for declaration that the ex parte judgment and decree dated 26th November, 1977 obtained in Other Class Suit No. 142 of 1977 by practicing fraud up......n. In the premises, we do not find any substance in the Review Petition. Accordingly, the Review Petition is dismissed. End. This Case is also Reported in: VII ADC (2010) 392. ..Category: Property Law | Date: | Hits: 21
.... the then Subordinate Judge, Dhaka for Specific Performance of Contract. The suit was transferred to the 2nd court of the then Subordinate Judge and renumbered as Title Suit No. 318 of 1985 which was decreed ex parte on 17.5.1990. Subsequently in Execution Case no. 32 of 1992 sale deed was executed ......of 1992 by the writ petitioner would be of no help to the petitioner in challenging the abandoned nature of the property in question.
End.
This Case is also Reported in: VII ADC (2010) 388.
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Category: Property Law | Date: | Hits: 21
Muhammad Ali Vs. Mrs. Khaleda Rahman and others, 2009, 38 CLC (AD)
....ndency of the pre-emption case, the pre-emptee respondent no. 1 filed a suit being the Title Suit No. 131 of 1993 on 2.5.1993, in the Court of Assistant Judge, First Court, Dhaka, with the prayer for decree for declaration that the deed of Heba bel Ewaj dated 28.1.1991 executed and registered by Rab......ourt and restored that of the Trial Court. Under such circumstances, this appeal is dismissed but without any order as to cost. Ed. This Case is also Reported in: VII ADC (2010) 382. ..Category: Property Law | Date: | Hits: 27
Walilullah Vs. Hasina Begum and others, 2009, 38 CLC (AD)
....us Case No. 62 of 1995. 2. The facts in short are that the appellant instituted a suit being Title Suit No. 261 of 1963 in the Third Court of Assistant Judge, Dhaka, on 5.9.1968, praying for a decree for eviction of the defendant as licensee. The suit was decreed ex parte on 27.2.1975 and the......ned in schedule C to the plaint in favour of the defendants within the period of 1 (one) month from the date of receipt of this Order. Ed. This Case is also Reported in: VII ADC (2010) 377. ..Category: Civil Law | Date: | Hits: 105
Moulvi Abdul Qudus Vs. Bangladesh, 2009, 38 CLC (AD)
.... 13.11.2007 passed by the High Court Division in Civil Revision No. 348 of 1996). Judgment Md. Tafazzul Islam J.- This petition for leave to appeal is directed against the judgment and decree dated 13.11.2007 of the High Court Division passed in Civil Revision No.348 of 1996 dischargi......and there is no illegality or infirmity in the above decision so as to call for any interference. The petition is dismissed. Ed. This Case is also Reported in: 15 MLR (AD) (2010) 99. ..Category: Property Law | Date: | Hits: 24
....os.1-5 for import of Nilon Code Tyre and Tube by opening L.C. and that the defendant No.6 stood as guarantor and secured the loan. The writ petitioner was the defendant No.3 in the suit. The suit was decreed ex parte in due course and the respondent bank filed Money Execution Case No. 38 of 1995, wh......with law and no interference is called for.
Accordingly, the application for leave to appeal is dismissed.
This Case is also Reported in: 15 MLR (AD) (2010) 96; 15 BLC (AD) (2010) 113.
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Category: Civil Law | Date: | Hits: 121
Mrs. Bakul Akter Vs. Bangladesh and others, 2010, 39 CLC (AD)
....to the filing of the writ petition are that the Agrani Bank Limited filed a suit under the provisions of the Artho Rin Adalat Ain, 2003, against M/S. Oyester Fashion Limited and others, praying for a decree for Tk. 1,90,11,342.00. The defendant No. 3, the petitioner herein, filed a written statement...... that case she will be liable. With these observations, this petition is dismissed. Ed. This Case is also Reported in: 18 BLT (AD) (2010) 282, 7 LG (AD) (2010) 101, 31 BLD (AD) (2011) 33. ..Category: Banking Law | Date: | Hits: 77
Abdur Razzak and others Vs. Md. Habejuddin and others, 2010, 39 CLC (AD)
....er dated 10.03.2008 passed by the High Court Division in First Appeal No.196 of 1995) Judgment ABM Khanrul Haque J. - This petition for leave to appeal arises out of the judgment and decree dated 10.03.2008, passed by a Division Bench of the High Court Division in First Appeal No.19......e High Court Division is set aside with the above directions. Accordingly, the petition for leave to appeal is disposed of. Ed. This Case is also Reported in: VII ADC (2010) 336. ..Category: Property Law | Date: | Hits: 19
Md. Asheque Ali Vs. Md. Shamsul Hoque Sarder and others, 2010, 39 CLC (AD)
....efendants have filed the present suit by creating the aforesaid sale deed dated 11th April, 2000 collusively. 4. The learned Assistant Judge by judgment and order dated 26th February, 2003 decreed the suit in preliminary form. Being aggrieved by the judgment and decree, the defendant Nos.......-petitioner will be at liberty to file a fresh suit, if so advised, on fresh cause of action for allotment of sham, if there be any. Ed. This Case is also Reported in: VII ADC (2010) 333. ..Category: Property Law | Date: | Hits: 18
Ministry of Fisheries and Livestock's Vs. Obaid Jagirdar and others, 2010, 39 CLC (AD)
....created cloud in the plaintiff’s title. 4. The defendant Nos. 2, 3 and 5 filed joint written statement supporting the case of plaintiff and stated that they had no objection if the suit is decreed in favour of the plaintiff. Defendant No. 4 Obaid Jaigirdar contested the suit by filing wri......rived 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) 330. ..Category: Property Law | Date: | Hits: 25
Abul Hasem Chowdhury Vs. Md. Shamsur Rahman, 2009, 38 CLC (AD)
....le and the plaintiff is not entitled to get any declaration of title and recovery of khas possession of the suit land. 4. The trial court upon taking evidence and on hearing both the parties decreed the suit. Being aggrieved thereby the defendant as appellant preferred Other Class AppealN......spondents supported the judgment of the High Court Division. In that view of the matter this leave petition is dismissed. Ed. This Case is also Reported in: VII ADC (2010) 327. ..Category: Property Law | Date: | Hits: 21
Md. Abdus Subhan Vs. Md. Khademul and others, 2010, 39 CLC (AD)
....ed against the judgment and order dated 18th November, 2007 of a Single Bench of the High Court Division in Civil Revision No. 5771 of 2001 making the rule absolute and setting aside the judgment and decree dated 14th August, 2001 of the learned Joint District Judge, Second Court, Thakurgaon, in Oth......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) 324. ..Category: Property Law | Date: | Hits: 26
Mayeen Uddin Ahamad Vs. Abdur Rashid Sk., 2010, 39 CLC (AD)
....of the plaintiff from the suit land. After hearing and on consideration of the evidence on record, the learned Subordinate Judge found that the plaintiff is entitled to only one decimal of land and decreed the suit. On appeal being Title Appeal No.89 of 2001, the learned Additional District Ju......le Appeal No. 89 of 2001, and dismissed the suit, as such, this petition merits no consideration and accordingly, it is dismissed. Ed. This Case is also Reported in: VII ADC (2010) 318. ..Category: Property Law | Date: | Hits: 21
Musammat Afroza Haque Vs. Miss Rowshan Ara Begum and others, 2009, 38 CLC (AD)
....ed. 2. The facts, in short, are that the petitioner as plaintiff instituted a suit being Title Suit No. 10 of 1998 in the Court of the learned Joint District Judge, 1st Court, Faridpur for a decree of partition in respect of .07 ½ acres of land with a tin shed house and 1/11 share of tin s......ion which call for no interference by the Court. We find no substance in this review petition which is accordingly dismissed. Ed. This Case is also Reported in: VII ADC (2010) 314. ..Category: Property Law | Date: | Hits: 22
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