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Most. Hamida Vs. Md. Majibur Rahman , 2002, 31 CLC (AD)
....le Judge of the High Court Division in Civil Revision No. 842 of 1990, under section 25 of the Small Cause Courts Act, making the Rule absolute and consequent thereupon setting aside the judgment and decree dated 14.04.90 passed by the Subordinate Judge, 1st Court and S.C.C. Judge, Tangail in S.C.C.......mpugned judgment and order of the High Court Division is set aside and the suit for ejectment is decreed. No order is made as to costs. Ed. This Case is also Reported in: II ADC (2005) 408...Category: Tenancy Law | Date: | Hits: 175
ACKO Industries and Cold Storage Ltd. and another Vs. Pubali Bank Ltd. & others, 1997, 26 CLC (AD)
....under the provision of Artha Rin Adalat Act, 1992 was not paid in time before filing the Memo of appeal. 2. The relevant facts are: - The plaintiff respondent No. 1- Pubali Bank got a money decree on 29.1.96 from Artha Rin Adalat, Dhaka in Money Suit No. 214 of 1990 against the appellants...... order of the High Court Division and direct the High Court Division to register the appellants appeal preferred before him. Ed. This Case is also Reported in: II ADC (2005) 380. ..Category: Civil Law | Date: | Hits: 87
Mohammed Abdul Naim Vs. Chairman, Board of Directors, Sonali Bank, 1997, 26 CLC (AD)
....t make his appointing authority or appellate authority a party to the application under section 4(2), but it is obligatory for him to make his employer a party to the application or else any decree in his favour will be in executable, his employer will not being bound by the decree. The......n the face of our decision and are also unable to take a differential view. The appeal is dismissed without any order as to cots. Ed. This Case is also Reported in: II ADC (2005) 369. ..Category: Administrative Law | Date: | Hits: 124
Mossammat Khursheda Jahan Vs. Jahan Syada Shafinaz and others, 2002, 31 CLC (AD)
...., when the attorney failed to execute and register a kabala in favour of the pre-emptee appellant she brought O. S. No. 9 of 1975 for specific performance of on tract and obtained an ex parte decree which was executed and a kabala was registered with respect to the disputed land and s......xecuted in favour of the pre-emptee appellants. In view of the above, the appeal is allowed without any order as to costs. Ed. This Case is Also Reported in: II ADC (2005) 365. ..Category: Property Law | Date: | Hits: 35
Sufia Khatun Vs. Amin Hossin Mondal and others, 2005, 34 CLC (AD)
....he High Court Division in Civil Revision No. 59 of 1986 (Jessore)/Civil Revision No. 6061 of 1991 (Dhaka) making the Rule absolute and thereupon dismissing the suit upon reversing the judgment and decree dated September 3, 1985 of the Court of Additional District Judge, Chuadanga-Meherpur, Stati......ade hereinabove we find merit in the appeal. Accordingly the appeal is allowed. There is no order as to cost. Ed. This Case is also Reported in: II ADC (2005) 360. ..Category: Property Law | Date: | Hits: 37
Dr. Md. Rashidul Islam Vs. Morsheda Parveen, 2005, 34 CLC (AD)
....dant's further contention is that she has means to maintain her two sons and hence the present suit is liable to be dismissed. 4. The trial court in consideration of the materials on record decreed the suit and the court of appeal affirmed the judgment and decree passed by the trial Court......d to go to their father forthwith is maintained. The appeal is accordingly disposed of without any order as to costs. Ed. This Case is also Reported in: II ADC (2005) 357. ..Category: Family Law | Date: | Hits: 161
Mobinnessa and ors. Vs. Khalilur Rahman & ors., 1985, 14 CLC (AD)
....(7) On the face of the record the plaintiff appellants were necessary parties to the partition suit but were left out. In such circumstances, the suit for declaration of nullity of the decree of the partition suit to which they were not parties is quite maintainable ……&......ion confirming that of the lower Appellate Court is set aside and that of the trial court is restored. No order as to costs. Ed. This Case is also Reported in: 37 DLR (AD) (1985) 216. ..Category: Property Law | Date: | Hits: 40
Abdul Matin Chowdhury Vs. Chapala Rani Sen and others, 1984, 13 CLC (AD)
....Appellant. Khandker Mahbubuddin Ahmed, Senior Advocate instructed by Syed Sakhawat Ali, Advocate-on-Record—For the Respondent Nos.1-3. Civil Appeal No. 120 of 1983. (From the judgment and decree dated 6 April, 1983 passed by the High Court Division, Comilla Bench, in Second Appeal No. 35......dingly it is set aside and the decree of the First Appellate Court is restored. The appeal is allowed with costs. Ed. This Case is also Reported in: 37 DLR (AD) (1985) 205, 1985 BLD (AD) 172...Category: Property Law | Date: | Hits: 40
Shafiullah and others Vs. Sultan Ahmed Mir, 1985, 14 CLC (AD)
.... (From the judgment dated 24 November 1981 passed by the High Court Division, Dhaka, in First Appeal No. 86 of 1965.) Judgment Shahabuddin Ahmed J. - In this appeal the judgment and decree of the High Court Division in First Appeal No. 86 of 1965 has been challenged by the pl......d that of the trial Court is restored. In view of the nature of the questions involved we do not make any order as to costs. Ed. This Case is also Reported in: 37 DLR (AD) (1985) 193. ..Category: Property Law | Date: | Hits: 55
Syed Kawsar Ali Vs. Gahar Kazi & ors., 1985, 14 CLC (AD)
....Hossain, Advocate-on-Record—For the Respondent No.1. Ex-parte—For the Respondent Nos. 2(a) to 2(j) & 3-4. Civil Appeal No. 154 of 1983. (From the judgment and decree dated 24th November, 1981 passed by the High Court Division in Second Appeal No.161 of 1977)......rder of the High Court Division is set aside and those of the appellate court below restored. Ed. This Case is also Reported in: 37 DLR (AD) (1985) 177. ..Category: Property Law | Date: | Hits: 36
Md. Ebadullah Bepari Vs. Nikhil Chandra Das, 1985, 14 CLC (AD)
.... in question, on the ground of default in the payment of rent. The suit was fixed for pre-emptory hearing, after two adjournments, on 27 May 1982, but as the defendant was found absent the suit was decreed ex parte. Defendant filed an application on 31 May 1982 under Order IX, rule, 13 of the Ci......rt rejecting the application under Order IX, rule 13 C.P.C. The appeal is therefore dismissed. We however make no order as to costs. Ed. This Case is also Reported in: 37 DLR (AD) (1985) 174. ..Category: Tenancy Law | Date: | Hits: 159
Mahbubur Rahman Sikder and others Vs. Mujibur Rahman Sikder and others, 1983, 12 CLC (AD)
....therefore, be read in isolation but along with those in Article 104. Article 104 of the Constitution reads as follows: ''The Appellate Division shall have power to issue such directions, orders, decrees or writs as may be necessary for doing complete justice in any cause or matter pending befor...... 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. ..Category: Constitutional Law | Date: | Hits: 149
Planters (Bangladesh) Ltd. Vs. Mahaluxmi Bank Ltd. (in liquidation) and others, 1984, 13 CLC (AD)
.... suit. An appeal, being Appeal No.11 of 1967, was filed by the petitioner before a Division-Bench of the Dhaka High Court which allowed the appeal upon setting aside the trial court's judgment and decree. Plaintiff-respondent No. 1 obtained leave from this Court to consider whether a judgme......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. ..Category: Business or Commercial Law | Date: | Hits: 139
Ummu Kawsar Salabil Vs. Shams Corporation (Pvt.) Ltd. and ors., 1984, 13 CLC (AD)
....ted that the first portion of the prayer is not maintainable but insisted that the second portion of the prayer can be given effect to. The prayer in the plaint runs as follows: "a decree for declaration that the plaintiffs tender is the lowest one in respect of tender ......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. ..Category: Others | Date: | Hits: 84
Bangladesh Vs. KM Zaker Hossain and others, 2002, 31 CLC (AD)
....e provision of lands and buildings Recovery Ordinance 1972 to vacate the said plot and there upon he filed Title Suit No. 228 of 1977 in the 3rd Court of Munsif, (now Assistant Judge) Dhaka seeking a decree for permanent injunction and there in obtained an order of temporary injunction. The law enfo...... 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...Category: Property Law | Date: | Hits: 40
Bangladesh Vs. Abul Kaiser Chowdhury and others, 1984, 13 CLC (AD)
....e compensation Assessment Roll and vesting of the suit property namely, a hat, in the Government under the State Acquisition 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 Subordin...... 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. ..Category: Trust/Waqf Law | Date: | Hits: 193
Shafiqur Rahman Vs. Idris Ali, 1983, 12 CLC (AD)
.... Appellant. B.K Das, Advocate, Instructed by Syed Sakhawat Ali, Advocate-on-Record—For the Respondent. Civil Appeal No. 1 of1983. (From the judgment and decree dated August1, 1979 passed by the High Court Division in First Appeal No. 163 of 1963.) ...... 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. ..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. ......, the appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: 37 DLR (AD) 67. ..Category: Property Law | Date: | Hits: 38
Md. Osman Gani Vs. Mst. Kulsum Bibi & ors., 1984, 13 CLC (AD)
....f 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 parties to do complete justice while disposing an appeal. But......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. ..Category: Property Law | Date: | Hits: 38
Md. Jasimuddin Sarker Vs. State, 2008, 37 CLC (AD)
.... with accused Md. Badruddoza, V.P. Super and Md. Asraf Hossain, Advocate V.P. lawyer filed Other Class Suit No. 213 of 1981 for specific performance of contract and obtained judgment and decree on 22.06.1985 and they also obtained saf-kabala deed registered through the Court vide Execu...... above, the submission of the learned Advocate-on-Record deserves no consideration. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 349. ..Category: Criminal Law | Date: | Hits: 64