Search Options

Judgment Advanced Search

Displaying 1-20 of 2859 results.

Sadharan Bima Corporation, Sadharan Bima Bhaban, 33, Dilkusha Commercial Area, Dhaka and another Vs. Messrs Ahad Jute Mills Ltd. and others, 2016, 45 CLC (HCD)

....end down the Lower Court’s Record with a copy of this judgment to the concerned Court immediately. Soumendra Sarke J. — I agree. Quazi Reza-Ul Hoque J.—I agree. Ed. ......ellate Jurisdiction) Present: Soumendra Sarker J Quazi Reza-Ul Hoque J N. Deb Choudhury J Sadharan Bima Corporation, Sadharan Bima Bhaban, 33, Dilkusha Commercial Area, Dhaka and another……………………………A......end down the Lower Court’s Record with a copy of this judgment to the concerned Court immediately. Soumendra Sarke J. — I agree. Quazi Reza-Ul Hoque J.—I agree. Ed. ......d others………………...Respondents Judgment March 29, 2016. Result: The Petition is dismissed. Every fact which would be necessary for the plaintiff to prove, if traversed, in order to support his right to the judgment of the Court. Negati..

Category: Arbitration Law, Civil Law | Date: 29 Mar, 2016 | Hits: 142

Hafizur Rahman Vs. Abdur Rahman Miah and Others, 2015, 44 CLC (HCD)

.... Let a copy of this judgment along with the lower Court's record be sent down at once. Ed. This Case is also Reported in: 68 DLR (HCD) (2016)110       ......; Shahidul Karim J Hafizur Rahman…………………………………Plaintiff-Appellants Vs. Abdur Rahman Miah and Others…………..Defendant-Respondent Judgment December 15, 201...... Let a copy of this judgment along with the lower Court's record be sent down at once. Ed. This Case is also Reported in: 68 DLR (HCD) (2016)110       ......t of the obligation under the contract eventually led to the non-performance of the contract. In a suit for specific performance of the contract which makes time the essence of the contract, the plaintiff must succeed if his readiness and willingness to perform the obligations undertaken by him..

Category: Contract Law | Date: 15 Dec, 2015 | Hits: 1

Yeamin Nobi (Md.) and others Vs. Moklesur Rahman and others, 2015, 44 CLC (HCD)

....sed without any order as to cost. Let a copy of this judgment along with the lower Court's record be sent down at once. Ed. This Case is also Reported in: 67 DLR (HCD) (2015) 281 ...... This Case is also Reported in: 67 DLR (HCD) (2015) 281 ......sed without any order as to cost. Let a copy of this judgment along with the lower Court's record be sent down at once. Ed. This Case is also Reported in: 67 DLR (HCD) (2015) 281 ......hange deed in equal share started living thereon and later on conflict arose which resulted in various civil and criminal cases amongst them. The predecessor of the respon­dents, Md Rejan Nabi as plaintiff filed Title Suit No. 174 of 1976 in the Court of the then Sub­ordinate Judge, 1st Cour..

Category: Civil Law, Procedural Law | Date: 11 Dec, 2015 | Hits: 36

Abdul Hamid Chowdhury (Iqbal) and Others Vs. Artha Rin Adalat and Others, 2015, 44 CLC (HCD)

....to give a fresh decision after hearing the parties in accordance with law at the earliest. Communicate at once. Ed. This Case is also Reported in: 68 DLR (HCD) (2016) 148   ......016) 148   ......to give a fresh decision after hearing the parties in accordance with law at the earliest. Communicate at once. Ed. This Case is also Reported in: 68 DLR (HCD) (2016) 148   ......o have been done without lawful authority and is of no legal effect." 2. The background leading to the Rule, in short is that the respondent No.2-Agrani Bank Limited, Zinda Bazar, Sylhet as plaintiff filed Artha Rin Case No.3/2013 before the Artha Rin Adalat and Joint District Judge, 2nd C..

Category: Banking Law | Date: 5 Nov, 2015 | Hits: 3

Turfatur Ain Chowdhury Vs. Artha Rin Adalat Dhaka and Others, 2015, 44 CLC (HCD)

..... Office is directed to send a copy of this judgment to Artha Rin Adalat No.1, Dhaka (respondent No. 1) at once. Ed. This Case is also Reported in: 68 DLR (HCD) (2016) 81   ......urshid Alam Sarkar J Turfatur Ain Chowdhury…………………………………Petitioner Vs. Artha Rin Adalat Dhaka and Others………………Respondent Judgment August 25, 2....... Office is directed to send a copy of this judgment to Artha Rin Adalat No.1, Dhaka (respondent No. 1) at once. Ed. This Case is also Reported in: 68 DLR (HCD) (2016) 81   ......age of the proceedings, either upon or without any application of either party, and on such terms as may appear to the Court to be just, order that the name of any party improperly joined, whether as plaintiff or defendant, be struck out, and that the name of any person who ought to have been joined..

Category: Constitutional Law, Procedural Law | Date: 25 Aug, 2015 | Hits: 4

Torab Ali and Others Vs. Madris Ali Saha and Others, 2015, 44 CLC (HCD)

....y granted earlier by this court is hereby recalled and vacated. Send down the Lower Court's Records at once. Ed. This Case is also Reported in: 68 DLR (HCD) (2016) 44   ......This Case is also Reported in: 68 DLR (HCD) (2016) 44   ......y granted earlier by this court is hereby recalled and vacated. Send down the Lower Court's Records at once. Ed. This Case is also Reported in: 68 DLR (HCD) (2016) 44   ......ising out of Title Suit No.153 of 2003 rejecting the Miscellaneous case should not be set-aside. 2. Facts necessary for disposal of the Rule, in short, are that the opposite party Nos.1 and 2 as plaintiffs instituted Title Suit No.153 of 2003 in the court of Senior assistant Judge, Kulaura, Mou..

Category: Civil Law, Procedural Law | Date: 29 Jun, 2015 | Hits: 1

Immam Hossain Sawdagor and others Vs. Abul Hashem and others, 2015, 44 CLC (AD)

....osed of by the Bench presided over by Nozrul Islam Chowdhury, J. within 2(two) months from the date of receipt of this judgment. Ed. This Case is also Reported in: 67 DLR (AD) (2015) 266. ......R (AD) (2015) 266. ......osed of by the Bench presided over by Nozrul Islam Chowdhury, J. within 2(two) months from the date of receipt of this judgment. Ed. This Case is also Reported in: 67 DLR (AD) (2015) 266. ......the trial Court was r­rect in dismissing the suit, instead of sending the suit on remand to the trial Court on a point which was never urged by any of the parties in the appeal......(14) The plaintiff cannot get a walk over and he has to prove his own case even if a suit is heard ex parte....

Category: Civil Law, Procedural Law | Date: 15 Jun, 2015 | Hits: 12

Rukunuddin Mollah (Md.) and others Vs. Artha Rin Adalat 2nd Court and others, 2015, 44 CLC (HCD)

....e Rule is hereby recalled and stand vacated. Communicate a copy of this Judgment and Order to the Court concerned at once. Ed. This Case is also Reported in: 67 DLR (HCD) (2015) 287. ......DLR (HCD) (2015) 287. ......e Rule is hereby recalled and stand vacated. Communicate a copy of this Judgment and Order to the Court concerned at once. Ed. This Case is also Reported in: 67 DLR (HCD) (2015) 287. ......legal effect and/ or such other or further order or orders passed as to this Court may seem fit and proper. 2. Facts relevant for disposal of this Rule, in brief, are that the Respondent No.2 as plaintiff instituted Artha Rin Suit No.188 of 2011 for recovery of loan amounting to Taka 26, 58, 57..

Category: Banking Law, Others | Date: 27 Apr, 2015 | Hits: 10

Lutfor Rahman Mollah (Md.) and another Vs. M Safiul-Alam, 2015, 44 CLC (HCD)

....ourt stands vacated. Let a copy of this judgment be communicated to the Courts concerned at once. Ed.      This Case is also Reported in: 67 DLR (HCD) (2015) 317. ......se is also Reported in: 67 DLR (HCD) (2015) 317. ......ourt stands vacated. Let a copy of this judgment be communicated to the Courts concerned at once. Ed.      This Case is also Reported in: 67 DLR (HCD) (2015) 317. ......jecting the plaint should not be set-aside and/or such other or further order or orders passed as to this Court may seem fit and proper. 2. The relevant facts briefly are that the petitioners as plaintiffs brought the aforesaid Title Suit No. 488 of 2010 in the court of learned Assistant Judge,..

Category: Civil Law, Procedural Law | Date: 13 Apr, 2015 | Hits: 10

Asek Elahi Vs. Jalal Ahmedand others, 2012, 41 CLC (AD)

....nha, J and Md. Abdul Wahhab Miah, J I agree with the reasoning and findings given by my learned brother, Md. Abdul Wahhab Miah, J. Ed. This Case is also Reported in: 20 BLC (AD) (2015) 5. ...... Nazmun Ara Sultana J Syed Mahmud Hossain J   Md. Imman Ali J   Md. Shamsul Huda J Asek Elahi.......................................Appellant Vs. Jalal Ahmedand others.......................Respondents Judgment       March......nha, J and Md. Abdul Wahhab Miah, J I agree with the reasoning and findings given by my learned brother, Md. Abdul Wahhab Miah, J. Ed. This Case is also Reported in: 20 BLC (AD) (2015) 5. ......n being past and closed one. The determination of these questions require the construction of the deed dated 22nd April, 1926, Exhibit-1, executed by Anwarul Ali and 4 others, the predecessors of the plaintiffs in favour of Omra Khatun Chowdhury, the predecessor of the defendants which transaction i..

Category: Property Law | Date: 14 Mar, 2015 | Hits: 45

Mosharaf Hossain (Md.) Vs. Bangladesh and others, 2015, 44 CLC (HCD)

.... The Adalat below is directed to proceed with the execution of the decree in accordance with law. Communicate this at once. Ed. This Case is also Reported in: 67 DLR (HCD) (2015) 199 ......ision (Special Original Jurisdiction) Present: Sheikh Hassan Arif J Mustafa Zaman Islam J Mosharaf Hossain (Md.)..........................Petitioner Vs. Bangladesh and others...... …………………..Respondents Judgment...... The Adalat below is directed to proceed with the execution of the decree in accordance with law. Communicate this at once. Ed. This Case is also Reported in: 67 DLR (HCD) (2015) 199 ......fect. 2. Short back ground facts, relevant for the disposal of the Rule, are that Islami Bank Bangladesh Limited, Benapole Branch, Police Station-Benapole, District-Jessore-(respondent No.3), as plaintiff, filed Artha Rin Suit No.31 of 2006 before the First Court of Artha Rin Adalat, Jessore ag..

Category: Administrative Law, Others | Date: 17 Feb, 2015 | Hits: 4

A Hakim Gazi and others Vs. Md. Nasiruddin, Assistant Vice President/Manager and others, 2014, 43 CLC (HCD)

....oth on facts and law, upon evidences adduced by the parties. Send down the copy of the judgment to the court below at once. Ed. This Case is also Reported in: 67 DLR (HCD) (2015) 218 ...... is also Reported in: 67 DLR (HCD) (2015) 218 ......oth on facts and law, upon evidences adduced by the parties. Send down the copy of the judgment to the court below at once. Ed. This Case is also Reported in: 67 DLR (HCD) (2015) 218 ......transactions subsequent to the variance". In the instant case, whether the loan taken in 2003 has been merged in the renewed and enhanced loan taken in 2009-2010, the guarantee given by the plaintiff in 2003 is a continuing guarantee and thus under section 12 of the Ain, 2003 the bank had ..

Category: Constitutional Law, Contract Law | Date: 11 Dec, 2014 | Hits: 8

Ferdous Ara Zainul Vs. Mahmuda Khatun and others, 2014, 43 CLC (HCD)

....the date of receipt of this order, without allowing any application for adjournment if filed by any of the parties to the suit. Ed. This Case is also Reported in: 67 DLR (HCD) (2015) 149. ......bsp;                  Ferdous Ara Zainul.............................Petitioner Vs. Mahmuda Khatun and others..............Opposite Parties Judgment December 11, 2014. Result: The......the date of receipt of this order, without allowing any application for adjournment if filed by any of the parties to the suit. Ed. This Case is also Reported in: 67 DLR (HCD) (2015) 149. ......n from recording the facts of the suit in detail and, hence, only the sequential events of this suit, which generated the instant Rule, are stated in a nutshell. 3. On 6-6-2008 the petitioner as plaintiff No. 2 conjointly with plaintiff No. 1 filed the Title Su it No. 2447 of 2008 for confirmat..

Category: Civil Law, Procedural Law | Date: 11 Dec, 2014 | Hits: 19

Sonali Bank Limited Vs. UT Garments Limited and others, 2014, 43 CLC (HCD)

.... In the result, the rule is discharged with­out any order as to costs. Communicate this order at once. Ed. This Case is also Reported in: 67 DLR (HCD) (2015) 265.   ...... (Civil Revisional Jurisdiction) Present: Sharif Uddin Chaklader J Ashish Ranjan Das J Sonali Bank Limited...................Plaintiff-Petitioner Vs. UT Garments Limited and others......Defendant-Opposite-Parties Judgment December 4, 2014.  Result: ...... In the result, the rule is discharged with­out any order as to costs. Communicate this order at once. Ed. This Case is also Reported in: 67 DLR (HCD) (2015) 265.   ......s from original proceeding. By the impugned order learned Judge strikeout the name of defendant Nos. 3 and 5 from execution proceeding. 3. Mr. Mohammad Eunus, learned Advocate, appearing for the plaintiff-petitioner, submits that, after contested hearing the suit was decreed and decree was put ..

Category: Banking Law | Date: 4 Dec, 2014 | Hits: 4

Molina Rani and others Vs. Gopal Goyala and another, 2014, 43 CLC (AD)

....ugned judgment and order of the High Court Division. Accordingly, the appeal is dismissed, without however any order as to costs. Ed. This Case is also Reported in: 67 DLR (AD) (2015) 240 ......s Case is also Reported in: 67 DLR (AD) (2015) 240 ......ugned judgment and order of the High Court Division. Accordingly, the appeal is dismissed, without however any order as to costs. Ed. This Case is also Reported in: 67 DLR (AD) (2015) 240 ......d 15-6-2002 passed by a Single Bench, of the High Court Division in Civil Revision No. 5450 of 1998 making the Rule absolute. 2. The facts of the case, in brief, are that the respondent No. 1 as plaintiff filed Other Class Suit No.151 of 1992 in the Court of Senior Assistant Judge, Sadar, Mymen..

Category: Civil Law, Evidence Law | Date: 20 Nov, 2014 | Hits: 6

Meer Ramij Uddin Vs. Meer Judge Meah and others, 2014, 43 CLC (AD)

....il petition for leave to appeal is dismissed with­out any order as to costs. Ed. This Case is also Reported in: 20 BLC (AD) (2015) 208.         ......Court Appellate Division (Civil) Present: Syed Mahmud Hossain J Md. Imman Ali J Meer Ramij Uddin ...............................Petitioner Vs. Meer Judge Meah and others.................Respondent Judgment        &......il petition for leave to appeal is dismissed with­out any order as to costs. Ed. This Case is also Reported in: 20 BLC (AD) (2015) 208.         ......ated 10-3-2010 passed by a Single Bench of the High Court Division in Civil Revision No. 2821 of 1997 discharging the Rule. 3. Facts of the case, in brief, are that the respondent Nos.1 and 2 as plaintiffs filed Partition Suit No. 602 of 1985 in the Court of Subordinate Judge, Kishoregonj, for ..

Category: Property Law | Date: 20 Nov, 2014 | Hits: 5

Ruhul Amin (Md.) and oth¬ers Vs. Mustafizur Rahman and others, 2014, 43 CLC (HCD)

....ule stands vacated. Communicate the judgment and order imme­diately and send back the lower Court's record at once. Ed. This Case is also Reported in: 67 DLR (HCD) (2015) 259 ...... This Case is also Reported in: 67 DLR (HCD) (2015) 259 ......ule stands vacated. Communicate the judgment and order imme­diately and send back the lower Court's record at once. Ed. This Case is also Reported in: 67 DLR (HCD) (2015) 259 ...... The description of the land must be specif­ic with its boundary and if it is found that the land described in the schedule of the plaint suf­fers from any vagueness or unspecification the plaintiff must suffer.....(15) Credible Evidence— The plaintiffs in order to succeed..

Category: Civil Law, Property Law | Date: 16 Nov, 2014 | Hits: 10

Shawkat Hossain (Md.) and another Vs. Golam Mohammad and another, 2014, 43 CLC (HCD)

....ith law. Send copy of this judgment to the appellate Court below along with the lower Court record, if not already sent back. Ed. This Case is also Reported in: 20 BLC (AD) (2015) 27 ......ed in: 20 BLC (AD) (2015) 27 ......ith law. Send copy of this judgment to the appellate Court below along with the lower Court record, if not already sent back. Ed. This Case is also Reported in: 20 BLC (AD) (2015) 27 ......sing the judgment and decree dated 25-5-1993 passed by the learned Senior Assistant Judge, 5th Additional Court, Dhaka in Title Suit No. 91 of 1992 decreeing the suit. 2. The respondent No.1, as plaintiff, insti­tuted the above mentioned Title Suit No.91 of 1992 for specific performance of ..

Category: Evidence Law, Property Law | Date: 20 Sep, 2014 | Hits: 10

Intekhab Ahmed Khan Vs. Sabbir Ahmed Chowdhury, 2014, 43 CLC (AD)

....Division is set-aside and the judgment and decree passed by the trial Court is hereby restored. Ed. This Case is also Reported in: 67 DLR (AD) (2015) 2       .......................Respondent Judgment September 17, 2014. Result: The appeal is allowed. A tenant is liable to be evict­ed if he is a defaulter in payment of rent, if the landlord needs the suit premises for bona fide requirement and if the tenant denies the title of the ......Division is set-aside and the judgment and decree passed by the trial Court is hereby restored. Ed. This Case is also Reported in: 67 DLR (AD) (2015) 2       ......, in Title Suit No.123 of 2006 decreeing the suit on contest without any order as to costs. 2. The facts for the purpose of disposal of this appeal, in a nutshell, are: The appellant as the plaintiff filed Title Suit No.123 of 2006 in the Court of Joint District Judge, Arbitration Court, D..

Category: Tenancy Law | Date: 17 Sep, 2014 | Hits: 13

Intekhab Ahmed Khan Vs. Sabbir Ahmed Chowdhury, 2014, 43 CLC (AD)

....dgment delivered by the High Court Division is set-aside and the judgment and decree passed by the trial Court is hereby restored. Ed. This Case is also Reported in: 67 DLR (AD) (2015) 2. ......tember 17, 2014. Result: The appeal is allowed. A tenant is liable to be evicted under the Premises Rent Control Act (1) if he is a defaulter in payment of rent (II) if the landlord needs the suit premises for bona fide requirement and (III) if the tenant denies the ti......dgment delivered by the High Court Division is set-aside and the judgment and decree passed by the trial Court is hereby restored. Ed. This Case is also Reported in: 67 DLR (AD) (2015) 2. ......, in Title Suit No.123 of 2006 decreeing the suit on contest without any order as to costs. 2. The facts for the purpose of disposal of this appeal, in a nutshell, are: The appellant as the plaintiff filed Title Suit No.123 of 2006 in the Court of Joint District Judge, Arbitration Court, D..

Category: Tenancy Law | Date: 17 Sep, 2014 | Hits: 6