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....Shaheed Quamruzzaman, Advocate—For the respondent No. 1.
First Appeal No. 188 of 2005
Judgment
J. N. Deb Choudhur J. — This First Appeal has been filed against judgment and decree dated 19.10.2003 passed by the learned Joint District Judge, Arbitration Court, Dhaka in Mone......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.
..
Category: Arbitration Law, Civil Law | Date: 29 Mar, 2016 | Hits: 142
Hafizur Rahman Vs. Abdur Rahman Miah and Others, 2015, 44 CLC (HCD)
....e—For added the Respondent No. 3. First Appeal No. 317 of 2011 with Civil Rule No. 894(F) of 2011 Judgment Sheikh Abdul Awal J.—This First Appeal is from judgment and decree dated 31-7-2011 (decree signed on 7-8-2011) passed by the learned Joint District Judge, 1st C...... 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 ..Category: Contract Law | Date: 15 Dec, 2015 | Hits: 1
Yeamin Nobi (Md.) and others Vs. Moklesur Rahman and others, 2015, 44 CLC (HCD)
....itle Suit No. 174 of 1976 in the Court of the then Subordinate Judge, 1st Court, Kushtia for partition against his brother Yeamin Nobi (predecessor of the present appellants) and got Preliminary decree on contest vide judgment and decree dated 12-4-1980. The defendant No.1, thereafter, as appel......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 ..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)
....llip;………..Respondent Judgment November 5, 2015 Result: The Rule is made absolute. An Ex-Parte Decree— How the Court Passed— The ex-parte decree passed upon the admitted facts has been absolutely vitiated by perversity. In this case the A......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 ..Category: Banking Law | Date: 5 Nov, 2015 | Hits: 3
Hazi Abdul Late Vs. Abu Naseruddin and Others, 2015, 44 CLC (HCD)
....appeal below committed illegality in allowing appeal in the petition of pre-emption. I find substance in this Rule. 11. In the result, this Rule is made absolute. No costs. 12. Judgment and decree complained are set aside. 13. The judgment and order dated 31-5-2002 passed by the learn...... The order of stay granted earlier by this court is hereby vacated. Send down the lower court records at once. Ed. This Case is also Reported in: 68 DLR (HCD) (2016) 171 ..Category: Procedural Law | Date: 10 Sep, 2015 | Hits: 1
Turfatur Ain Chowdhury Vs. Artha Rin Adalat Dhaka and Others, 2015, 44 CLC (HCD)
....ary nor a proper party in the suit. 6. Then, Mr Siddique places another aspect of the provisions of section 6(5) of the Ain, 2003 before this Court and submits that following passing a decree by the Artha Rin Adalat, the status of all the defendants become same in that the decree will......rying out the funeral service & other rituals, payments towards offsetting the service charges/remuneration/promise made by the deceased for his house-help during three months prior to his death, dower money etc. Thus, according to Mr. Siddique, since the petitioner till now has not received any..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)
.....Respondent Judgment June 29, 2015 Result: Rule is made absolute. Setting aside the Ex-Parte Decree under Sub-Rule 7 of Rule 1 of Order XVII— If any case decreed ex-parte on failure of the parties for non compliance of the procedure of sub-rule 3 or 4 of......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 ..Category: Civil Law, Procedural Law | Date: 29 Jun, 2015 | Hits: 1
....sons namely, Azizul Huq Chowdhury, Nurul Huq Chowdhury, Hamidul Huq Chowdhury, Obaidul Huq Chowdhury and Shamsul Huq Chowdhury and they filed Partition Suit No. 1366 of 1926 and on 19-9-1927 obtained decree on solenama and Azizul Huq Chowdhury along with four brothers including the predecessor of th......n that he should refrain from doing any illegal activities by abusing his official power.
No order as to cost.
Ed.
This Case is also Reported in: 68 DLR (HCD) (2016) 173.
..
Category: Constitutional Law, Property Law | Date: 28 Jun, 2015 | Hits: 1
Immam Hossain Sawdagor and others Vs. Abul Hashem and others, 2015, 44 CLC (AD)
....e there is no provision that a defendant, who did not appear in the suit inspite of service of summons upon him and did not file any written statement, cannot contest an appeal filed against the decree passed in a suit on the evidence on record. Even a third party can file an appeal in case he ......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. ..Category: Civil Law, Procedural Law | Date: 15 Jun, 2015 | Hits: 12
Government of Bangladesh and oth¬ers Vs. Ashraf Ali, 2015, 44 CLC (AD)
....vi. Md. Wahidullah, Advocate-on-Record.—For the Appellants. Md. Taufique Hossain, Advocate-on-Record—For the Respondent. Civil Appeal No. 334 of 2003 (From the judgment and decree dated 20-7-1999 passed by (the High Court Division in Writ Petition No.1774 of 1995). Ju......osed of. Accordingly, the appeal is disposed of with the observations and direction made in the body of the judgment. Ed. This Case is also Reported in: 67 DLR (AD) (2015) 263 ..Category: Administrative Law | Date: 12 May, 2015 | Hits: 6
....tances which led to the commission of the crime, is a relic of ancient history. For us, law ceases to have respect and relevance when it compels the dispensers of justice to deliver blind verdicts by decreeing that no matter what the circumstances of the crime, the criminal shall be hanged by the ne......roborated the prosecution case. The High Court Division believed them as reliable witnesses. The High Court Division noticed that her marriage with the accused was solemnized on 3rd April, 1994 for a dower of Tk.30, 000/- and gradually their relationship deteriorated. She was subjected t..
Category: Criminal Law, Women and Children | Date: 5 May, 2015 | Hits: 83
....tances which led to the commission of the crime, is a relic of ancient history. For us, law ceases to have respect and relevance when it compels the dispensers of justice to deliver blind verdicts by decreeing that no matter what the circumstances of the crime, the criminal shall be hanged by the ne......roborated the prosecution case. The High Court Division believed them as reliable witnesses. The High Court Division noticed that her marriage with the accused was solemnized on 3rd April, 1994 for a dower of Tk.30,000/-and gradually their relationship deteriorated. She was subjected to physical and..
Category: Criminal Law, Women and Children | Date: 5 May, 2015 | Hits: 86
Hossain Ali and Others Vs. Government of Bangladesh and Others, 2015, 44 CLC (HCD)
...., they filed Title Suit No. 191 of 2005 for correction of the said record-of-rights and some other ancillary reliefs in the Court of Joint District Judge and Arbitration Court, Dhaka wherein they got decree as prayed for vide judgment and decree dated 12-9-2013. Against the said judgment and decree ......est possible amount of time preferably within 3(three) months from the date of receipt of the judgment of this court. Ed. This Case is also Reported in: 68 DLR (HCD) (2016) 37 ..Category: Property Law, Tenancy Law | Date: 30 Apr, 2015 | Hits: 4
Rukunuddin Mollah (Md.) and others Vs. Artha Rin Adalat 2nd Court and others, 2015, 44 CLC (HCD)
....57,855.48 in the Artha Rin Adalat, 2nd Court, Dhaka against the Petitioners as defendant. In the schedule to the plaint the mortgaged property included as schedule B. The said Artha Rin Suit was decreed on 17-1-2012. Thereafter for realization of the decretal amount the Respondent-Bank filed Ar......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. ..Category: Banking Law, Others | Date: 27 Apr, 2015 | Hits: 10
Lutfor Rahman Mollah (Md.) and another Vs. M Safiul-Alam, 2015, 44 CLC (HCD)
....Party. Civil Revision No. 2569 of 2014. Judgment Sheikh Abdul Awal J.— This Rule was issued calling upon the opposite party to show cause as to why the impugned judgment and decree dated 18-3-2014 (decree signed on 25-3-2014) passed by the learned Additional District Judge,......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. ..Category: Civil Law, Procedural Law | Date: 13 Apr, 2015 | Hits: 10
Asek Elahi Vs. Jalal Ahmedand others, 2012, 41 CLC (AD)
....ed by limitation and if it is found that the transaction is a sale with a condition to repurchase or it is past and closed one, the suit will be dismissed on the ground of limitation. The trial Court decreed the suit holding that the suit is maintainable but the lower appellate Court reversed the ju......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. ..Category: Property Law | Date: 14 Mar, 2015 | Hits: 45
Ramjan Ali Tarafder (Md.) Vs. Bangladesh and others, 2015, 44 CLC (HCD)
....;lation of section 12(4) read with 33(2) of Ain the auction was held has no legs to stand. Since the auction of the concerned property of the petitioner was not sold in auction in pursuance of a decree or order as envisaged under section 33 of the Ain but the auction was made prior to filing of......t the petitioner. In the result, the Rule is discharged without any order as to cost. Communicate this order at once. Ed. This Case is also Reported in: 67 DLR (HCD) (2015) 245. ..Category: Banking Law | Date: 22 Feb, 2015 | Hits: 7
Mosharaf Hossain (Md.) Vs. Bangladesh and others, 2015, 44 CLC (HCD)
....be followed even not withstanding whatever contained in the entire section 33. This means, once the right to enjoyment and possession of the mortgaged property is conferred on the decree holder, it will be at liberty to even immediately apply for conferment of title under su...... 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 ..Category: Administrative Law, Others | Date: 17 Feb, 2015 | Hits: 4
Sonali Bank Limited Vs. UT Garments Limited and others, 2014, 43 CLC (HCD)
....arties Judgment December 4, 2014. Result: The rule is discharged. Artha Rin Adalat — Its Jurisdiction— Execution of Decree— In executing the decree Artha Rin Adalat follows the procedure laid down in Code of Civil Procedure and it is settled...... 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. ..Category: Banking Law | Date: 4 Dec, 2014 | Hits: 4
Molina Rani and others Vs. Gopal Goyala and another, 2014, 43 CLC (AD)
....tness and defendant No. 2 examined 2 witnesses in support of their respective cases. 7. Considering the facts, circumstances and oral and documentary evidence on record, by his judgment and decree dated 6-10-1993 the learned Senior Assistant Judge, Sadar, Mymensingh decreed the suit. ......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 ..Category: Civil Law, Evidence Law | Date: 20 Nov, 2014 | Hits: 6
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