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Dhaka City Corporation Vs. M/s. Abdul Kader (Pvt.) Ltd. and others, 2003, 32 CLC (AD)
....the matter, we do not find any substance in the appeal. The appeal is accordingly dismissed without any order as to costs. Ed. This Case is also Reported in: II ADC (2005) 291. ...... Mainur Reza Chowdhury CJ Mohmmad Fazlul Karim J Syed JR Mudassir Husain J Dhaka City Corporation ...........Appellant Vs. M/s. Abdul Kader (Pvt.) Ltd. and others....Respondents Judgment April 15, 2003. Result: The appeal is ......the matter, we do not find any substance in the appeal. The appeal is accordingly dismissed without any order as to costs. Ed. This Case is also Reported in: II ADC (2005) 291. ......e was granted to consider the submissions of the learned Counsel for the appellant that the defendant appellant having already paid the admitted principal decreetal amount of Tk. 2,24,72,280/- to the plaintiff but by the decree the appellant has been illegally saddled with an interest at the rate of..Category: Civil Law | Date: | Hits: 88
Sonali Bank Vs. M/S Beg and Beg Jute Incorporated Ltd. & others, 1997, 26 CLC (AD)
.... appeal is allowed without any order as to costs. The trial Court is directed to draw up a fresh decree in terms of this judgment. Ed. This Case is also Reported in: II ADC (2005) 286. ...... ATM Afzal CJ Mustafa Kamal J Latifur Rahman J Mohammad Abdur Rouf J Bimalendu Bikash Roy Choudhury J Sonali Bank.............Appellant Vs. M/S Beg and Beg Jute Incorporated Ltd. & others...................Respondents Judgment No...... appeal is allowed without any order as to costs. The trial Court is directed to draw up a fresh decree in terms of this judgment. Ed. This Case is also Reported in: II ADC (2005) 286. ...... (From the Judgment and Order dated 1-4-90 passed by the High Court Division in F. A. No. 91 of 1987) Judgment Mustafa Kamal J.- The question raised in this appeal by leave by the plaintiff appellant Sonali Bank is, whether in the instant mortgage suit for sale the plaintiff is..Category: Property Law | Date: | Hits: 28
Mrs. Nirmala Bala Das Vs. Ganesh Chandra Dhupi, 1998, 27 CLC (AD)
.... impugned judgment and order of the High Court Division are set aside and the judgment and decree of the lower appellate court are restored. Ed. This Case is also Reported in: II ADC (2005) 274....... (Civil) Present: ATM Afzal CJ Mustafa Kamal J Latifur Rahman J Mohammad Abdur Rouf J Bimalendu Bikash Roy Choudhury J Mrs. Nirmala Bala Das..........Appellant Vs. Ganesh Chandra Dhupi………….Respondent Judgment August 11, 1998. Lawyers Involved: Sharifudd...... impugned judgment and order of the High Court Division are set aside and the judgment and decree of the lower appellate court are restored. Ed. This Case is also Reported in: II ADC (2005) 274.......al No. 57 of 1991 (From the Judgment and Order dated 19.5.1991 passed by the High Court Division, Dhaka in Civil Revision No. 469 of 1985) Judgment Mohammad Abdur Rouf J.- This appeal by the plaintiffs, following leave, is from the judgment and order dated 5.12.91 passed by a learned single..Category: Tenancy Law | Date: | Hits: 163
Md. Shamsul Haque Vs. Salenullah and others, 2003, 32 CLC (AD)
.... risk or chance of any conflicting decision. In view of the above, this appeal is allowed without any order as to cost. Ed. This Case is also Reported in: II ADC (2005) 233. ......Civil) Present: Mohammad Fazlul Karim J Syed JR Mudassir Husain J Abu Sayeed Ahammed J Md. Shamsul Haque... .....................Appellant Vs. Salenullah and others.......Respondents Judgment January 4, 2003. Lawyers Involved: M. G. ...... risk or chance of any conflicting decision. In view of the above, this appeal is allowed without any order as to cost. Ed. This Case is also Reported in: II ADC (2005) 233. ...... the High Court Division erred in rejecting the revisional application summarily holding that the proposed amendment would change the nature and character of the suit without considering that the plaintiff's prayer for amendment was allowed in part by the trial Court and that the High court Di..Category: Procedural Law | Date: | Hits: 38
Dhaka Water Supply & Swearage Authority and others Vs. Matiar Rahman, 2001, 30 CLC (AD)
....d find no substance in the contentions upon which leave was obtained by the appellant WASA. This appeal is dismissed with costs. Ed. This Case is also Reported in: II ADC (2005) 231. ......vil) Present: Mahmudul Amin Choudhury CJ Mainur Reza Chowdhury J Mohammad Gholam Rabbani J Md. Ruhul Amin J Dhaka Water Supply & Swearage Authority and others.........................Appellants Vs. Matiar Rahman............................d find no substance in the contentions upon which leave was obtained by the appellant WASA. This appeal is dismissed with costs. Ed. This Case is also Reported in: II ADC (2005) 231. ......ellant and the respondent respectively for and against the aforesaid contentions. 8. The contentions of the appellant were the issues framed by the Trial Court. Trial Court noticed that the plaintiff was put under suspension with effect from 20.9.90 vide ext. 2 under sub-Rule 1 of the Rul..Category: Employment/Service Law | Date: | Hits: 73
Bangladesh Vs. Uttar Jamalgarh Matsajibi Samabaya Samity Limited, 1993, 22 CLC (AD)
....High Court Division is modified to the extent that the compromise between the two lessees is not binding upon the appellant. Ed. This Case is also Reported in: II ADC (2005) 219. ......ate Division (Civil) Present: Shahabuddin Ahmed CJ MH Rahman J ATM Afzal J Latifur Rahman J Bangladesh, represented by the Secretary, Ministry of Land Administration and Land Reforms, Government of Bangladesh, Dhaka.................Defendant App......High Court Division is modified to the extent that the compromise between the two lessees is not binding upon the appellant. Ed. This Case is also Reported in: II ADC (2005) 219. ......ppeared for the respondents. 2. The matter had originated from Title Suit No. 51 of 1982 of the First Court of Subordinate Judge, Sunamganj, which was filed by respondents Nos. 2 and 3 (plaintiffs) against respondent No. 1 (defendant No. 1)—Uttar Jamalgarh Matsyajibi Samabaya S..Category: Property Law | Date: | Hits: 32
Trading Corporation of Bangladesh Vs. Kazi Abdul Hye, 1997, 26 CLC (AD)
....we hold that the High Court Division erred in law in decreeing the suit. The appeal is allowed without any order as to costs. Ed. This Case is also Reported in: II ADC (2005) 206. ......ellant Vs. Kazi Abdul Hye .........Respondent Judgment May 29, 1997. Cases Referred to- Md. Bashirullah vs. Bangladesh, 1981 BLD (AD) 198; Union of India and others vs. Mohd. Ramzan Khan, 1991 (1) SCC 588. Lawyers Involved: Dr. Rafiqur Rah......we hold that the High Court Division erred in law in decreeing the suit. The appeal is allowed without any order as to costs. Ed. This Case is also Reported in: II ADC (2005) 206. ......defendant, Trading Corporation of Bangladesh, shortly TCB, is from the judgment and order dated 17-11-94 passed by a Division Bench of the High Court Division in F.A. No. 279 of 1993 decreeing the plaintiff-respondent's Title Suit No. 408 of 1990 declaring that the order of removal of the respon..Category: Employment/Service Law | Date: | Hits: 69
Falguni Majumder Vs. Mokbul Hossain Biswas & ors., 1998, 27 CLC (AD)
.... as well as the judgment and order dated 12.5.92 are set aside and the judgment and order of the lower appellate court is restored. Ed. This Case is also Reported in: II ADC (2005) 203. ......cate-on-Record - For Respondent No. 1 Dismissed for default vide Courts order dated 22.3.1998-Respondent Nos. 2 & 3(a)-(d). Civil Appeal No. 81 of 1992. (From the Judgment and Order dated 6-8-92 passed by the High Court Division in Civil Revision No. 405 of 1998 (Dhaka)...... as well as the judgment and order dated 12.5.92 are set aside and the judgment and order of the lower appellate court is restored. Ed. This Case is also Reported in: II ADC (2005) 203. ......der 22 Rule 10 C.P.C holding, inter alia, that an interest being devolved upon the appellant he is entitled to contest the suit as a defendant under Order 22 Rule 10 C.P.C. 4. The aggrieved plaintiffs then took a revision in the High Court Division against the said appellate judgment..Category: Property Law | Date: | Hits: 30
Mohammad Ali Akhand Vs. Bahatan Nessa Bewa and others, 1997, 26 CLC (AD)
....order of remand 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) 195. ......Court Appellate Division (Civil) Present: ATM Afzal CJ Latifur Rahman J Mohammad Abdur Rouf J Rimalendu Bikash Roy Choudhury J Mohammad Ali Akhand .......................Appellant Vs. Bahatan Nessa Bewa and others........Respo......order of remand 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) 195. ......From the Judgment and Order dated 28 August 1994 passed by the High Court Division in Civil Revision No. 8110 of 1991). Judgment Bimalendu Bikash Roy Choudhury J.- This appeal by the plaintiff, following leave, is directed against an order of remand dated 28 August 1994 made by a ..Category: Procedural Law | Date: | Hits: 63
Askar Ali & anr Vs. Shamsul Islam alias Md. Shamsuddin and others, 1997, 26 CLC (AD)
....s disposed of the above terms without any order at to cost. Let this order be communicated to the courts concerned at once. Ed. This Case is also Reported in: II ADC (2005)180. ...... Bimalendu Bikash Roy Choudhury J Askar Ali & anr…………………..Plaintiff-Appellants Vs. Shamsul Islam alias Md. Shamsuddin and others ................Respondents Judgment August 3, 1997. Lawyers Involv......s disposed of the above terms without any order at to cost. Let this order be communicated to the courts concerned at once. Ed. This Case is also Reported in: II ADC (2005)180. ......om the Judgment and Order dated November 21, 1995 passed by the High Court Division, Dhaka in Civil Revision No. 2889 of 1995). Judgment ATM Afzal CJ. - This appeal, by leave, by the plaintiffs arises out an application under section 10 of the Code of Civil Procedure filed by the d..Category: Property Law | Date: | Hits: 27
Most. Fatema Khatun Vs. Md. Golam Mostafa and others, 2002, 31 CLC (AD)
....e same in accordance with law. The appeal is, accordingly, disposed of with the aforesaid observation. No order is made as to cost. Ed. This Case is also Reported in: II ADC (2005) 146. ...... Present: Mainur Reza Chowdhury J KM Hasan J Syed JR Mudassir Husain J Most. Fatema Khatun......................Appellant Vs. Md. Golam Mostafa and others...................................Respondents Judgment May 22, 2002. ......e same in accordance with law. The appeal is, accordingly, disposed of with the aforesaid observation. No order is made as to cost. Ed. This Case is also Reported in: II ADC (2005) 146. ......No. 7 of 1996. (From the Judgment and Order dated 2.2.1995 passed by the High Court Division in Civil Revision No. 3152 of 1993). Judgment Syed JR Mudassir Husain J.- This is a plaintiff's appeal by leave and it arises out of an order passed on 2.2.1995 in Civil Revision No. ..Category: Property Law | Date: | Hits: 39
Khairun Begum and others Vs. Abdul Malik and another, 2003, 32 CLC (AD)
....ult, the appeal is allowed without and order as to costs. The impugned judgment and order of the High Court Division are set aside. Ed. This Case is also Reported in: II ADC (2005) 143. ...... ADC (2005) 143. ......ult, the appeal is allowed without and order as to costs. The impugned judgment and order of the High Court Division are set aside. Ed. This Case is also Reported in: II ADC (2005) 143. ......J. - The appellants were defendants in Title Suit No. 93 of 1987 of the Court of Subordinate Judge, 1st Court, Moulvibazar. The suit was filed for a decree for specific performance of contract. The plaintiff alleged that kanu Miah, the predecessor of the defendants executed a bainpatra for sale o..Category: Civil Law | Date: | Hits: 72
Sheikh Abdur Rashid Vs. Alhaj Akram Hossain and others, 2003, 32 CLC (AD)
.... appeal is allowed with cost. The judgment and decree of the High Court Division is set aside and the suit is dismissed. Ed. This Case is also Reported in: II ADC (2005) 139. ...... (Civil) Present: Md. Ruhul Amin J KM Hasan J Md. Fazlul Haque J Sheikh Abdur Rashid ................Appellant Vs. Alhaj Akram Hossain and others......................................Respondents Judgment March 11, 2003....... appeal is allowed with cost. The judgment and decree of the High Court Division is set aside and the suit is dismissed. Ed. This Case is also Reported in: II ADC (2005) 139. ......ing those of dated 21.5.1991 passed by the learned Additional Assistant Judge, Court No. 2 Bagerhat in Title Suit No. 280 of 1991 dismissing the suit. 2. The present respondent No. 1 as plaintiff filed Title Suit No. 501 of 1983 (subsequently) renumbered as Title Suit No. 280 of 1991 ..Category: Property Law | Date: | Hits: 37
Musammat Mohsena Khatun Vs. M/s. Habib Knitting Mills, 1996, 25 CLC (AD)
....osts. The impugned judgment and order of the High Court Division are set aside and the judgment and decree of the trial court are restored. Ed. This Case is also Reported in: II ADC (2005) 136.......tiff-Petitioner Vs. M/s. Habib Knitting Mills represented by its proprietor Sheikh Amjad Hossain..........Defendant-Respondent Judgment May 8, 1996. Case Referred to- Abdus Sattar and others vs. Suresh Chandra Das, 32 DLR (AD) 170. Lawyers Involved: Md. Nawab Ali, Advocate-......osts. The impugned judgment and order of the High Court Division are set aside and the judgment and decree of the trial court are restored. Ed. This Case is also Reported in: II ADC (2005) 136........ 55 of 1995. (From the Judgment and Order dated 12-2-1993 passed by the High Court Division in Civil Revision No. 1346 of 1993). Judgment Mohammad Abdur Rouf J.- This appeal by leave by the plaintiff appellant is from the judgment and order dated 12.2.95 passed by a Single Bench of the Hig..Category: Tenancy Law | Date: | Hits: 154
Chalna Marine Products Vs. Bangladesh General Insurance Co. Ltd., 2000, 29 CLC (AD)
....s above any loss, destruction or damage is not covered by this policy, the burden of proving that such loss, destruction or damage is covered shall be upon the insured." ...... Vs. Bangladesh General Insurance Co. Ltd.................Respondents Judgment December 14, 2000. Cases Referred to- AIR 1914 Bombay 225; Borada Spinning and Weaving Co. Ltd. Vs. Satyanarayan Marine and Fire Insurance Co. Ltd. AIR 1924 (Cal) page 186; ......s above any loss, destruction or damage is not covered by this policy, the burden of proving that such loss, destruction or damage is covered shall be upon the insured." ......e Judge, First Court, Khulna in Money Suit No. 24 of 1989 filed by the appellant. The learned Subordinate Judge decreed the suit for the full amount of Tk. 47,13,905.70. 2. The appellant as plaintiff filed the suit stating inter alia, that the plaintiff is a private limited company and ha..Category: Civil Law | Date: | Hits: 135
Sukkada Bala Gope Vs. Pran Hari Gope, 2004, 33 CLC (AD)
....sions of the learned Counsel for the appellant. The appeal is accordingly dismissed without any order as to costs. Ed. This Case is also Reported in: II ADC (2005) 54. ......rd - For the Appellant. Subrate Chowdhury, Advocate, instructed by Md. Aftab Hossain, Advocate-on-Record - For the Respondents. Civil Appeal No. 06 of 2001. (From the Judgment and Order dated 2nd December 1999 passed by the High Court Division in Civil Revision No. 182 of 1......sions of the learned Counsel for the appellant. The appeal is accordingly dismissed without any order as to costs. Ed. This Case is also Reported in: II ADC (2005) 54. ......itted as the owner of plot by both the parties and Prododh having purchased the suit plot from Kamini Bala, the recorded owner, vide Exhibit-A and the said deed being earlier than the deed of the plaintiff-respondent's predecessor and the said deed Ext. A having not been challenged in any..Category: Property Law | Date: | Hits: 29
Sukur Ali and others Vs. Rahmat Ali & others, 2004, 33 CLC (AD)
....nd setting aside the judgment of the court of appeal below. The appeal is, accordingly, allowed without any order as to cost. Ed. This Case is also Reported in: II ADC (2005) 52. ...... This Case is also Reported in: II ADC (2005) 52. ......nd setting aside the judgment of the court of appeal below. The appeal is, accordingly, allowed without any order as to cost. Ed. This Case is also Reported in: II ADC (2005) 52. ......ected against the judgment and order dated 12.11.1998 passed by a Single Bench of the High Court Division in Civil Revision No.2948 of 1992 making the Rule absolute. 2. Short facts are that plaintiff instituted Title Suit No. 2 of 1987 in the Court of Assistant Judge, Kaliganj Upazilla, G..Category: Property Law | Date: | Hits: 33
Abdul Motaleb Vs. Md. Ershad Ali and others, 1994, 23 CLC (AD)
....f the Subordinate Judge allowing amendment of the plaint is restored. There will be no order as to costs. Ed. This Case is also Reported in: II ADC (2005) 30. ...... Mustafa Kamal J Latiful Rahman J Abdul Motaleb……………….....Plaintiff-Appellant Vs. Md. Ershad Ali and others ......Defendant-Respondents Judgment June 5, 1994. ......f the Subordinate Judge allowing amendment of the plaint is restored. There will be no order as to costs. Ed. This Case is also Reported in: II ADC (2005) 30. ...... (From the Judgment and Order dated 13th November, 1989 passed by the High Court Division, Dhaka in Civil Revision No. 569 of 1989). Judgment ATM Afzal J.- This is a plaintiff's appeal by leave and is directed against the judgment and order dated 13th November, 198..Category: Property Law | Date: | Hits: 56
Bangladesh Vs. Mst. Shiuli Begum and another, 2002, 31 CLC (AD)
....499 of 1987 is hereby set aside and the Rule earlier issued in this Writ Petition is hereby discharged. No order as to cost. Ed. This Case is also Reported in: II ADC (2005) 27. ......reme Court Appellate Division (Civil) Present: Mahmudul Amin Choudhury CJ Md. Ruhul Amin J Abu Sayeed Ahammed J The Secretary, Ministry of Works and Urban Development, Government of the People's Republic of Bangladesh, Bangladesh Secretariat, D......499 of 1987 is hereby set aside and the Rule earlier issued in this Writ Petition is hereby discharged. No order as to cost. Ed. This Case is also Reported in: II ADC (2005) 27. ...... to get a favourable order before the Court of Settlement or before the High Court Division because in that suit there was no declaration that the property is not an Abandoned Property or that the plaintiff's title was declared therein. The Court of Settlement decided the matter on the basis of ..Category: Property Law | Date: | Hits: 37
Mosharraf Hossain Vs. Moulana Md. Tofazzal Hossain and others, 2004, 33 CLC (AD)
....der passed by the High Court Division dated 16.3.2000 in Writ Petition No. 3382 of 2000 is set aside. There is no order as to cost. Ed. This Case is also Reported in: II ADC (2005) 20. ......Ruhul Amin J MM Ruhul Amin J Md. Tafazzul Islam J Mosharraf Hossain………………..Appellant. Vs. Moulana Md. Tofazzal Hossain and others.......................Respondents. Judgment November 9, 2004. Lawye......der passed by the High Court Division dated 16.3.2000 in Writ Petition No. 3382 of 2000 is set aside. There is no order as to cost. Ed. This Case is also Reported in: II ADC (2005) 20. ......foresaid suit cannot be entertained by the Court and after hearing the learned Subordinate Judge (now Joint District Judge) by order dated 2.4.2000 allowed the above application and instructed the plaintiff appellant to file case in a proper court and vacated the order of status quo; thereafter ..Category: Civil Law | Date: | Hits: 133
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