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Mahbubur Rahman Sikder and others Vs. Mujibur Rahman Sikder and others, 1983, 12 CLC (AD)
.... above variations in the judgment of this Court passed in the aforesaid appeals on July 13, 1982 the judgment will remain operative. Ed. This Case is also Reported in: 37 DLR (AD) (1985) 145. ...... (AD) (1985) 145. ...... above variations in the judgment of this Court passed in the aforesaid appeals on July 13, 1982 the judgment will remain operative. Ed. This Case is also Reported in: 37 DLR (AD) (1985) 145. ......hbubur Rahman Sikder and the other partners of the firm from proceeding with Title Suit No. 371 of 1980. The suits were heard together and by his order dated June 13, 1981 the trial court allowed the plaintiffs prayer for appointment of a receiver and rejected the prayer of defendant No. 1 for tempo..Category: Constitutional Law | Date: | Hits: 149
Planters (Bangladesh) Ltd. Vs. Mahaluxmi Bank Ltd. (in liquidation) and others, 1984, 13 CLC (AD)
....n three months, in default decretal amount will be paid with interest at the rate of 15% till realisation of the amount. Ed. This Case is also Reported in: 37 DLR (AD) (1985) 129. ......dhury ATM Masud J Syed Md. Mohsen Ali J Planters (Bangladesh) Ltd..............................................Appellants Vs. Mahaluxmi Bank Ltd. (in liquidation) and others.............Respondents Judgment February 9, 1984. Words and Phrases......n three months, in default decretal amount will be paid with interest at the rate of 15% till realisation of the amount. Ed. This Case is also Reported in: 37 DLR (AD) (1985) 129. ...... in 1959 and was, therefore, joined as a defendant in the suit. 3. On 29 March, 1927 one Sarada Kripa Lala sold the suit properties to Dr. Beni Mohan Das who mortgaged them to the plaintiff-Bank on 31 March, 1927 for Tk. 75.000/- only and the latter transferred his rights, titl..Category: Business or Commercial Law | Date: | Hits: 139
Ummu Kawsar Salabil Vs. Shams Corporation (Pvt.) Ltd. and ors., 1984, 13 CLC (AD)
....quo; Trial of the suit is to be concluded on or before 20th December, 1984. There will be no order as to costs. Ed. This Case is also Reported in: 37 DLR (AD) (1985) 117. ...... Chowdhury ATM Masud J Syed Md Mohsen Ali J Ummu Kawsar Salabil………………….Appellant Vs. Shams Corporation (Pvt.) Ltd. and ors.............Respondents Judgment December 4, 1984. Words and Phrases ......quo; Trial of the suit is to be concluded on or before 20th December, 1984. There will be no order as to costs. Ed. This Case is also Reported in: 37 DLR (AD) (1985) 117. ......fter hearing the appeal on 12.11.84 the learned Judges of the High Court Division vacated the order of injunction and allowed the appeal. 2. Being aggrieved by this judgment and order plaintiff-appellant moved this Court and obtained special leave to appeal to consider whether, in v..Category: Others | Date: | Hits: 84
Bangladesh Vs. KM Zaker Hossain and others, 2002, 31 CLC (AD)
.... and order of the High Court division dated August 31, 1977 in writ petition no. 41 of 1973 is set aside. The appellant shall get costs. Ed. This Case is also Reported in: I ADC (2004) 371.......Ruhul Amin J Syed JR Mudassir Husain J Abu Sayeed Ahammed J Government of Bangladesh represented by the Secretary, Ministry of Works, Dhaka..........Appellant Vs. KM Zaker Hossain and others....... .................Respondents Judgment August 5, 2002. Cases Referred T...... and order of the High Court division dated August 31, 1977 in writ petition no. 41 of 1973 is set aside. The appellant shall get costs. Ed. This Case is also Reported in: I ADC (2004) 371....... the provision of president's order No. 142 of 1972 Government was made a party but the respondent No. 1 sought for relief against the owner Wali Mohammad and that in the suit No. 282 of 1983 wherein plaintiff sought for a decree for specific performance of contract for sale of the property in quest..Category: Property Law | Date: | Hits: 40
Bangladesh Vs. Abul Kaiser Chowdhury and others, 1984, 13 CLC (AD)
.... reason to take a different view. In this view of the matter the appeal is allowed. The suit is dismissed. No order as to costs. Ed. This Case is also Reported in: 37 DLR (AD) 85. ......M Masud J Syed Md. Mohsen Ali J People's Republic of Bangladesh, represented by the Dy. Commissioner, Faridpur.... Appellant. Vs. Abul Kaiser Chowdhury and others. ……………………………...... reason to take a different view. In this view of the matter the appeal is allowed. The suit is dismissed. No order as to costs. Ed. This Case is also Reported in: 37 DLR (AD) 85. ...... and Tenancy Act is invalid and ultra vires. 3. The said suit was decreed. On appeal the decree was set aside and the suit was dismissed by the learned Subordinate Judge. Thereafter the plaintiff filed a Second Appeal before the High Court Division and the learned Single Judge sent th..Category: Trust/Waqf Law | Date: | Hits: 193
Shafiqur Rahman Vs. Idris Ali, 1983, 12 CLC (AD)
.... Ahmed J. ORDER OF THE COURT By the majority decision, the appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: 37 DLR (AD) 71. ...... Shafiqur Rahman.............Appellant Vs. Idris Ali……………...Respondent Judgment October 31, 1983. The State Acquisition and Tenancy Act, 1951 (Act XXVIII of 1951); Sections 9(1), 9(2), 9(3) Interpretation of Sta...... Ahmed J. ORDER OF THE COURT By the majority decision, the appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: 37 DLR (AD) 71. ......d to advance money to Jogesh Chandra Das who was his retained lawyer. Before leaving for Calcutta for treatment of his illness Jogesh Chandra Das took loan from him, but as the loan was not repaid plaintiff-appellant filed Money Suit No. 3 of 1958 in the court of Subordinate Judge, Sylhet. Durin..Category: Others | Date: | Hits: 86
Jarina Khatun & ors. Vs. Pulin Chandra Das and others, 1984, 13 CLC (AD)
...., the appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: 37 DLR (AD) 67. ......ul Haider Chowdhury J Chowdhury ATM Masud J Syed Md. Mohsen Ali J Jarina Khatun & ors................................Appelants Vs. Pulin Chandra Das and others........................Respondents Judgment July 29, 1984. ......, the appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: 37 DLR (AD) 67. ...... Judgment Fazle Munim CJ.— This appeal arises from S.A. No. 26 of 1972 passed by the High Court Division, Comilla on 4.4.83 remanding the case to the first appellate Court allowing the plaintiffs to amend their plaint and for disposal of the same in accordance with law. 2. Pla..Category: Property Law | Date: | Hits: 38
Md. Osman Gani Vs. Mst. Kulsum Bibi & ors., 1984, 13 CLC (AD)
....echnicality of procedural law. In the result therefore this appeal is dismissed but there will be no order to costs. Ed. This Case is also Reported in: 37 DLR (AD) 63. ......dgment July 17, 1984. The Code of Civil Procedure, 1908 (V of 1908) Order XLI rule 33 The Appellate Division of the Supreme Court may pass any order notwithstanding the fact that the appeal is only in respect of the decree in favour of all or any of the pa......echnicality of procedural law. In the result therefore this appeal is dismissed but there will be no order to costs. Ed. This Case is also Reported in: 37 DLR (AD) 63. ......wdhury J.— This appeal by special leave is directed against the judgment and order passed by the High Court Division, Rangpur Bench in Civil Order No. 852 of 1982. 2. The appellant as plaintiff filed a suit for partition of the schedule property stating, inter alia, that Mangia Sk. h..Category: Property Law | Date: | Hits: 38
Md. Abdus Samad and others Vs. Md. Mukbal Hossain Mondal and others, 2008, 37 CLC (AD)
....ubstance in the submissions of the learned Advocate for the petitioners. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 320. ......vision (Civil) Present: MM Ruhul Amin CJ Mohammad Fazlul Karim J Md. Tafazzul Islam J Md. Joynul Abedin J Md. Abdul Matin J Md. Abdus Samad and others…………………………&hell......ubstance in the submissions of the learned Advocate for the petitioners. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 320. ......0 of 1998 reversing those dated 09.07.1998 passed by the Senior Assistant Judge, Mithapukur in Other Suit No.74 of 1995 decreeing the suit. 2. The facts of the case, in short, are that the plaintiffs instituted Other Suit No.74 of 1995 in the Court of Senior Assistant Judge, Mithapukur, ..Category: Property Law | Date: | Hits: 28
AMM Ali Ashraf Vs. Nurun Rashid Chowdhury, 2007, 36 CLC (AD)
....ions of the learned Counsel for the petitioners. Accordingly, the petition is dismissed without any order as to costs. Ed. This Case is also Reported in: VI ADC (2009) 307. ......vil) Present: Mohammad Fazlul Karim J Md. Tafazzul Islam J Md. Joynul Abedin J A. M. M. Ali Ashraf being dead his heirs; 1(Ka) Khodeja Ashraf alias Khodeja Yasmin and others…….Petitioner Vs. Nurun Rashid Chowdhury……&hel......ions of the learned Counsel for the petitioners. Accordingly, the petition is dismissed without any order as to costs. Ed. This Case is also Reported in: VI ADC (2009) 307. ...... defendant Md. Sadir having title and possession over the schedule land died leaving behind one son A.S.M. Ali Ashraf, three daughters named Mst. Momtaz Begum, Noor Jahan Begum, Mother of the plaintiff and jahanara Begum and wife, Rafiza Begum. The plaintiff's mother, Noor Jahan Begum becam..Category: Property Law | Date: | Hits: 32
Md. Ashraful Alam Vs. Md. Nazrul Islam, 2008, 37 CLC (AD)
....by the learned Advocate for the petitioner found to have no merit and accordingly, the petition for leave to appeal is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 305. ......ip;…………………….Respondents Judgment March 20, 2008. Lawyers Involved: Farooq Ahmed, Advocate, instructed by Bivash Chandra Biswas, Advocate-on-Record-For the Petitioner. Not Represented- the Respondent. ......by the learned Advocate for the petitioner found to have no merit and accordingly, the petition for leave to appeal is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 305. ......judge, 1st Court, Natore, reversing the judgment and decree dated 13-09-2001 passed in Title Suit No. 96 of 1994 by the Assistant Judge, Singra, Natore decreeing the suit. 2. The case of the plaintiff, in short, is that the plaintiff Jobeda Bewa, a widow, used to stay under the care of de..Category: Procedural Law | Date: | Hits: 77
Vickchand Miah and others Vs. Khurshida Khatun & ors., 1996, 25 CLC (AD)
.... that does not affect the substantial decision of the High Court Division. Accordingly this appeal is dismissed with costs. Ed. This Case is also Reported in: II ADC (2005) 349. ...... Present: ATM Afzal CJ Mustafa Kamal J Latifur Rahman J Mohammad Abdur Rouf J Bimalendu Bikash Roy Choudhury J Vickchand Miah and others..........Defendant-Appellants Vs. Khurshida Khatun & ors .......... that does not affect the substantial decision of the High Court Division. Accordingly this appeal is dismissed with costs. Ed. This Case is also Reported in: II ADC (2005) 349. ......ct Judge, Narsigndi in Title Appeal No. 14 of 1987 and restoring those dated July 1986 of the Munsif, Belabo in Title Suit No.6 of 1985. In this appeal, defendant Nos. 1-3 are the appellants while plaintiff Nos. 1 and 2 are the respondents. 2. The patent facts are that one Abdul Brake was ..Category: Property Law | Date: | Hits: 40
Md. Shaha Alam Vs. Musammat Farida Begum, 1997, 26 CLC (AD)
....rders as to costs, the judgment and decree of the lower appellate court are hereby restored. Ed. This Case is also Reported in:II ADC (2005) 343; 2 MLR (AD) 153; 2 BLC (AD) 92; 17 BLD (AD) 145. ...... appeared with the leave of the Court) instructed by Sharifuddin Chaklader, Advocate-on-Record-For the Appellant. In person- the Respondent. Civil Appeal No. 50 of 1996. (From the Judgment and Order dated June 1,1995 passed by the High Court Division in Civil Revision No. 1471 of 1994). ......rders as to costs, the judgment and decree of the lower appellate court are hereby restored. Ed. This Case is also Reported in:II ADC (2005) 343; 2 MLR (AD) 153; 2 BLC (AD) 92; 17 BLD (AD) 145. ......on No. 1471 of 1994, absolute and setting aside the concurrent Judgment and decree passed by the learned District Judge, Comilla dismissing on 29.4.92, Family Appeal No. 1 of 1991, preferred by the plaintiff, and affirming thereby the judgment and decree dated 31.5.90 passed by a learned Assistant..Category: Family Law | Date: | Hits: 180
Danish Ali & others Vs. Mrs. Sakina Bai & ors., 1998, 27 CLC (AD)
....ever, any order as to cost. The impugned Judgment of the High Court Division is set aside and that of the trial court is restored Ed. This Case is also Reported in: II ADC (2005) 342. ......, Advocate instructed by Md. Nowab Ali, Advocate-on-Record - For the Respondent No. 1. Not represented-Respondent Nos. 2-8. Civil Appeal No. 5 of 1998. (From the Judgment and Order dated 27-7-1997 passed by the High Court Division in Civil Order No. 2929 of 1997). ......ever, any order as to cost. The impugned Judgment of the High Court Division is set aside and that of the trial court is restored Ed. This Case is also Reported in: II ADC (2005) 342. ...... (From the Judgment and Order dated 27-7-1997 passed by the High Court Division in Civil Order No. 2929 of 1997). Judgment Mohammad Abdur Rouf J.- This appeal, following leave, by the plaintiffs is from the judgment and order dated 27.7.97, passed by "the High Court Division, i..Category: Procedural Law | Date: | Hits: 96
Surendra Nath Sarkar and another Vs. Md. Jalil Shaikh, 1997, 26 CLC (AD)
....High Court Division is set aside and the Judgment and order passed by the learned district Judge in the Misc. Case in question is restored. Ed. This Case is also Reported in: II ADC (2005) 338.......reme Court Appellate Division (Civil) Present: ATM Afzal CJ Mustafa Kamal J Latifur Rahman J Mohammad Abdur Rour J Bimalendu Bikash Roy Choudhury J Surendra Nath Sarkar and another.......Plaintiff-Appellant Vs. Md. Jalil Shaikh @ M.A. Jalil & ors...................High Court Division is set aside and the Judgment and order passed by the learned district Judge in the Misc. Case in question is restored. Ed. This Case is also Reported in: II ADC (2005) 338.......94 (From the Judgment and Order dated 20th July, 1993 passed by the High Court Division Dhaka in Civil Revision No. 2199 of 1992) Judgment Mohammad Abdur Rouf J.- This appeal by leave by the plaintiff appellants is from the judgment and order dated 20.7.93 passed by a learned Single Judge o..Category: Limitation Law | Date: | Hits: 166
Dhaka University Vs. Syed Md. Ismail, 1995, 24 CLC (AD)
.... learned Assistant Judge, 4th Court, Dhaka passed on 28-2-90 in Title Suit No. 818 of 1987, dismissing the suit, is restored. Ed. This Case is also Reported in: II ADC (2005) 334. ......l) Present: Mustafa Kamal J Muhammad Abdur Rouf J Mohammad Ismailuddin Sarker J Dhaka University represented by its Vice-Chancellor, Dhaka University, Dhaka and another..........Defendant- Appellants. Vs. Syed Md. Ismail........................... learned Assistant Judge, 4th Court, Dhaka passed on 28-2-90 in Title Suit No. 818 of 1987, dismissing the suit, is restored. Ed. This Case is also Reported in: II ADC (2005) 334. ......n 18-2-1986 by way of amendment. Thereafter the respondent filed the present suit. The appellants contested the suit by filing a joint written statement and denied the material allegations of the plaintiff and asserted that for violation of office discipline the plaintiff was legally re..Category: Employment/Service Law | Date: | Hits: 69
Md. Badruzzaman Vs. Begum Shamima Naz Siddique and others, 1998, 27 CLC (AD)
.... set aside and the order of the learned Assistant Judge dated 13 August 1987 in Miscellaneous Case No. 2 of 1986 be restored. Ed. This Case is also Reported in: II ADC (2005) 331. ...... Latifur Rahman J Mohammad Abdur Rouf J Bimalendu Bikash Roy Choudhury J Md. Badruzzaman.......................,.....Appellant Vs. Begum Shamima Naz Siddique and others..............Respondents Judgment December 7, 1998. Lawyers In...... set aside and the order of the learned Assistant Judge dated 13 August 1987 in Miscellaneous Case No. 2 of 1986 be restored. Ed. This Case is also Reported in: II ADC (2005) 331. ...... August 1994 passed by the High Court Division in Civil Revision No. 252 of 1988/123 of 1988). Judgment Bimalendu Bikash Roy Choudhury J.- This appeal by leave, at the instance of the plaintiff, is directed against the judgment and order dated 10 August 1994 passed by a learned Sing..Category: Property Law | Date: | Hits: 31
Nurun Nabi Mullah and others Vs. Abdul Karim alias M.A. Karim and others, 2005, 34 CLC (AD)
....view of the discussions made herein-above we find merit in the appeal. Accordingly the appeal is allowed. There is no order as to costs. Ed. This Case is also Reported in:II ADC (2005) 326. ...... as to costs. Ed. This Case is also Reported in:II ADC (2005) 326. ......view of the discussions made herein-above we find merit in the appeal. Accordingly the appeal is allowed. There is no order as to costs. Ed. This Case is also Reported in:II ADC (2005) 326. ......2-20. Civil Appeal No. 46 of 2004. (From the Judgment and Order dated July 16 2001 passed by the High Court Division in Civil Revision No. 232 of 1999) Judgment Md. Ruhul Amin J.- This is plaintiff's appeal by leave against the judgment and order dated July 16, 2001of a Single Bench of t..Category: Property Law | Date: | Hits: 45
Bangladesh and others Vs. Jahangir Alam and others, 1998, 27 CLC (AD)
....impugned judgment of the High Court Division as well as the order of temporary injunction passed by the trial court are set aside. Ed. This Case is also Reported in: II ADC (2005) 318. ......te Division (Civil) Present: ATM Afzal CJ Mustafa Kamal J Latifur Rahman J Mohammad Abdur Rouf J Bimalendu Bikash Roy Choudhury J Bangladesh and others...........Appellants Vs. Jahangir Alam and others..............Respond......impugned judgment of the High Court Division as well as the order of temporary injunction passed by the trial court are set aside. Ed. This Case is also Reported in: II ADC (2005) 318. .......M.A. No. 71 of 1997 preferred by the appellants against the judgment and order dated 27.3.97 passed by the learned Subordinate Judge, 1st Court, Netrakona in O.C. Suit No. 3 of 1997, allowing the plaintiff's prayer for temporary injunction, under order 39 Rule 1 and 2 of the Code of the Civil P..Category: Property Law | Date: | Hits: 34
Govt. of Bangladesh and ors. Vs. Barekunnessa and ors., 1998, 27 CLC (AD)
....cast. The impugned judgment of the High Court Division is set aside and the judgment and decree of the lower appellate court are restored. Ed. This Case is also Reported in: II ADC (2005) 297..............cast. The impugned judgment of the High Court Division is set aside and the judgment and decree of the lower appellate court are restored. Ed. This Case is also Reported in: II ADC (2005) 297.......dant No. 1 (respondent No. 1 herein) by the Government in respect of 10 decimals of Government acquired land in Settlement Case No. 2014 of 1984-85 on 8.7.85 is illegal, void and not binding upon the plaintiffs. 2. Plaintiff-respondent Nos.2 and 3 instituted the aforesaid suit stating, inter al..Category: Tenancy Law | Date: | Hits: 124
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