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Displaying 1981-2000 of 2687 results.
Jarina Khatun & ors. Vs. Pulin Chandra Das and others, 1984, 13 CLC (AD)
.... file the suit. 5. Suit is not maintainable under section 83 of the Code of Civil Procedure and is also barred under section 42 of the Specific Relief Act. Mere declaration without any prayer for consequential relief on payment of ad valorem court fee cannot be entertained. The s......ra Das and others........................Respondents Judgment July 29, 1984. The Code of Civil Procedure, 1908 (Act V of 1908) Order 6, rule 17 Since the relief prayed for in the amendment petition appears to follow from the declaration prayed for in the plaint,......e High Court Division, Comilla in S.A No.26 of 1972.) 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 f......, 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
Vickchand Miah and others Vs. Khurshida Khatun & ors., 1996, 25 CLC (AD)
.... Mia by her former husand. On 17 October 1983 Abdul Barek executed a deed of heba-bil-ewaz in respect of the said land in favour of Khorsheda Khatun and Dhan Mia in exchange of a Holy Quran. Upon a prayer made to the Registering Officer, Raipura under section 38(2) of the Registration Act Ab...... The patent facts are that one Abdul Brake was the owner in possession of the suit land. He used to live with his wife plaintiff No. 1, khorsheda Khatun and her son plaintiff No. 2, Dhan Mia by her former husand. On 17 October 1983 Abdul Barek executed a deed of heba-bil-ewaz in respect of the sa...... 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. ...... 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. ..Category: Property Law | Date: | Hits: 40
Bangladesh Vs. Chairman, 1st Court of Settlement, Segunbagicha, Ramna, Dhaka, 2003, 32 CLC (AD)
....eement was executed, the question whether the original owner was present in Bangladesh when the Presidents Order No. 16 of 1972 was promulgated is not at all relevant. The respondent No. 2 made the prayer for exclusion of the case property from "Ka" list not on the basis of a decr...... Bench of the High Court Division in Writ Petition No. 1370 of 1994. Leave was granted by the order-dated 9.8.2000 to consider the question whether the decree obtained by respondent No. 2 in a suit for specific performance of contract in respect of a property which has been enlisted as an abandon...... Division in the Writ Petition No. 1370 of 1994. In the result, the appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: II ADC (2005) 346. ...... Division in the Writ Petition No. 1370 of 1994. In the result, the appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: II ADC (2005) 346. ..Category: Property Law | Date: | Hits: 38
Danish Ali & others Vs. Mrs. Sakina Bai & ors., 1998, 27 CLC (AD)
....uted the case and that they have received information that the said Sakina Bai is a dead person and that she died 2/3 years back. By filing a written objection on behalf of defendant No. 1 the prayer of the plaintiffs was opposed stating inter alia, that she is very much alive and has been ...... learned Subordinate Judge, 3rd Court, Dhaka in Misc. Case No. 89 of 1987, directing defendant respondent No. 1 Mrs. Sakin Bai to appear in court personally at the time of hearing of the said case for her examination in Court. 2. The relevant facts are that the plaintiff appellants on......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. ......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. ..Category: Procedural Law | Date: | Hits: 96
Bangladesh and others Vs. Jahangir Alam and others, 1998, 27 CLC (AD)
.... 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 Procedure, re......7 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 Procedure, restraini......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. ......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. ..Category: Property Law | Date: | Hits: 34
Md. Awlad Hossain and another Vs. Joynab Bibi and another, 2004, 33 CLC (AD)
....t Judge) Dhaka, declaring her title and for recovery of khas possession of the properties as described in the schedule of the plaint, filed Execution Case No. 28 of 1986 in the above Court and on her prayer for police help in getting delivery of possession, the above execution Court after having rec......appellant No. 1 was the Deputy Commissioner, West DMP, Dhaka from 21.11.1996 to 09.03.98 and appellant No. 2 was the Officer-in-Charge of Mirpur Police Station from 15.4.1996 to 29.10.1997 and the proforma respondent No. 2 was the Assistant Commissioner, Abandoned Property Management Board, Dhaka du...... set aside but with the warning that the appellants in future should be respectful while addressing, communicating or dealing with the Court. Ed. This Case is also Reported in: II ADC (2005) 256....... set aside but with the warning that the appellants in future should be respectful while addressing, communicating or dealing with the Court. Ed. This Case is also Reported in: II ADC (2005) 256...Category: Criminal Law | Date: | Hits: 51
Md. Shamsul Haque Vs. Salenullah and others, 2003, 32 CLC (AD)
....urt 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 Division did n......ision 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 Division did not a at...... 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. ...... 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. ..Category: Procedural Law | Date: | Hits: 38
Bangladesh Vs. Uttar Jamalgarh Matsajibi Samabaya Samity Limited, 1993, 22 CLC (AD)
....August 1983. By this decree the plaintiffs' lease upto 1391 B.S. was held valid and that he would also get renewal of the lease for the next three years, from 1392 to 1394 B.S. Plaintiffs' further prayer for permanent injunction was, however, refused. 3. This decree was challenged by...... 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 Appellant (In all the appeals) ......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. ......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. ..Category: Property Law | Date: | Hits: 32
Falguni Majumder Vs. Mokbul Hossain Biswas & ors., 1998, 27 CLC (AD)
....learned Single Judge of the High Court Division by the impugned Judgment and Order dated 6.8.92 summarily rejected the said application for rehearing of the Rule upon taking a view that on the prayer of Mr. Abdul Mannan Advocate the matter was fixed for hearing on 19.11.91 and thereafter the......y Sharifuddin Chaklader, Advocate-on-Record - For the petitioner Dr. Rafiqur Rahman, Senior Advocate, instructed by Serajur Rahman, Advocate-on-Record - For Respondent No. 1 Dismissed for default vide Courts order dated 22.3.1998-Respondent Nos. 2 & 3(a)-(d). Civil Appea...... 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. ...... 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. ..Category: Property Law | Date: | Hits: 30
Mohammad Ali Akhand Vs. Bahatan Nessa Bewa and others, 1997, 26 CLC (AD)
....how their alleged settlement in favour of Mofatullah and Harop Ali and made an application for acceptance of the said documents as additional evidence. The learned District Judge rejected the prayer for acceptance of the additional evidence on the grounds that the documents appeared sp......he appeal the said defendatns filed two pieces of amalnauia and also thirteen pieces of rent receipts to show their alleged settlement in favour of Mofatullah and Harop Ali and made an application for acceptance of the said documents as additional evidence. The learned District Judge reject......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. ......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. ..Category: Procedural Law | Date: | Hits: 63
Askar Ali & anr Vs. Shamsul Islam alias Md. Shamsuddin and others, 1997, 26 CLC (AD)
....y;tially the same. Admittedly neither the parties are the same nor the subject matter in the two suits although some of them are common. So this is not a particularly appropriate case in which the prayer for stay of the subsequent suit should succeed. However, having regard to the fact that at l......iff instituted Title suit No. 151 of 1994 in the fourth Court of Subordinate Judge, Dhaka against a large number of defendants, 111 in number, including the respondents as Defendant Nos. 61 to 67, for a declaration that the appellant is the owner of "2.90 acres of land of schedule prop......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. ......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. ..Category: Property Law | Date: | Hits: 27
Faruque @ Jamai Faruque Vs. State, 2004, 33 CLC (AD)
....itness (P.W. 20) is not true as in his confessional statement though he named co-accused Nasir Khan as an assailant of the victim but ultimately Nasir Khan was discharged from the case on the prayer of the prosecution on the ground that at the time of commission of murder accused Nasir Khan......l Nos. 389 and 579 of 2000 dismissing the appeals preferred by convict-appellants Faruque @ Jamai Faruque and L. M. Liakat Ali Lasker. The trial court also made reference to the High Court Division for confirmation of sentence of death passed in respect of Ershad Sikder and Faruque alias Jamai F...... Faruque and L.M. Liakat Ali Laskor are found not guilty to the charges leveled against them and they are acquitted in this case. Ed. This Case is also Reported in: II ADC (2225) 165. ...... Faruque and L.M. Liakat Ali Laskor are found not guilty to the charges leveled against them and they are acquitted in this case. Ed. This Case is also Reported in: II ADC (2225) 165. ..Category: Criminal Law | Date: | Hits: 45
Khairun Begum and others Vs. Abdul Malik and another, 2003, 32 CLC (AD)
....avour of the plaintiff on the ground that the bainapatra was not genuine and was not executed by their predecessor Kanu Miah. 2. The defendants appeared and filed an application with a prayer for examination of the signature of Kanu Miah found in the bainapatra with his admitted sign......2260 of 1998). Judgment Md. Hamidul Haque 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 prede......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. ......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. ..Category: Civil Law | Date: | Hits: 72
Bushra Complex Ltd. and other Vs. Syeda Sabera Khatun and ors., 2002, 31 CLC (AD)
....cluding that of appellant Bazlur Rahman were requisitioned in L.A. Case No. 12/60-61 and 32/60-61 for the purpose of developing Lalmatia Housing Estate. On 10.6.1963 appellant Bazlur Rahman made a prayer for allotment of some plot of land to him as it was an admitted condition of the requiring b......pondent Nos. 1-7 predecessor Abul Hashem Khan on 20.3.67. The land of Abul Hashem Khan and others including that of appellant Bazlur Rahman were requisitioned in L.A. Case No. 12/60-61 and 32/60-61 for the purpose of developing Lalmatia Housing Estate. On 10.6.1963 appellant Bazlur Rahman made a......t any order as to costs and the judgment and order passed by the High Court Division in Writ Petition No. 588 of 2000 is set aside. Ed. This Case is also Reported in: II ADC (2005) 83. ......t any order as to costs and the judgment and order passed by the High Court Division in Writ Petition No. 588 of 2000 is set aside. Ed. This Case is also Reported in: II ADC (2005) 83. ..Category: Property Law | Date: | Hits: 30
Bangladesh Vs. Alhaj Shamsul Haque and Others, 2003, 32 CLC (AD)
....operty as an abandoned property and as such as the listing of the property was not legal the High Court Division was quite legal in setting aside the judgment of the Court of Settlement rejecting the prayer of the Respondent No. 1 for releasing the property from the list of abandoned buildings. Th......tition is dismissed. Lawyers Involved: A. J. Md. Ali, Additional Attorney General, instructed by B. Hossain, Advocate-on-Record – For the Petitioner. Md. Nawab Ali, Advocate-on-Record– for the Respondent No. 1. Not Represented – Respondent No. 2-4. Civil Review Petition No. 49......ckground of the discussions made herein over there is no substance in the review petition. Accordingly the review petition is dismissed. Ed. This Case is also Reported in:II ADC (2005) 48. ......ckground of the discussions made herein over there is no substance in the review petition. Accordingly the review petition is dismissed. Ed. This Case is also Reported in:II ADC (2005) 48. ..Category: Property Law | Date: | Hits: 29
Abdul Motaleb Vs. Md. Ershad Ali and others, 1994, 23 CLC (AD)
....ree would be more effective and beneficial if the entire land of the suit plot was included in the schedule and all the necessary persons were impleaded as parties in the suit and thereupon a prayer was made for a separate saham of the share of the plaintiff. Accordingly a prayer was added ......3 of 1985 in the First Court of Subordinate Judge, Dhaka which on transfer to the 3rd Court of Subordinate Judge was renumbered as above i.e., Title Suit No. 2 of 1987. It was initially a suit for simple declaration of title to the suit property measuring about .11 decimals in C.S. Plot No. ......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. ......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. ..Category: Property Law | Date: | Hits: 56
Most. Khairunnessa Vs. Atar Banu and others, 2003, 32 CLC (AD)
....llowed. The judgment and decree of the appellate court affirming those of the trial court is restored without any order as to costs. Ed. This Case is also Reported in: II ADC (2005) 16. ......hy;sideration of the evidence and materials on record. 2. Plaintiff-appellant Khairunnessa instituted Title Suit No. 143 of 1982 in the Court of the Subordinate Judge, 4th Court, Dhaka for declaration of her title in the suit land being 26 decimals out of 30 decimals land o......ated 08.12.1998 of a Single Bench of the High Court Division in Civil Revision No. 1029 of 1998 making the Rule absolute upon setting aside the judgment and decree of the court of appeal below and remanding the appeal to the lower appellate Court, to hear the same again and to write out a proper......llowed. The judgment and decree of the appellate court affirming those of the trial court is restored without any order as to costs. Ed. This Case is also Reported in: II ADC (2005) 16. ..Category: Property Law | Date: | Hits: 31
Rupali Bank Ltd. and others Vs. Shawkat Ara Salauddin and another, 2004, 33 CLC (AD)
....its that after the transfer by sale of the right, title and interest in the disputed premises by Md. Serajuddin, the owner therefore and the predecessor in interest of the writ petitioners, the prayer for mutation of their name as successors in interest of Md. Serajuddin had no legal basis a......te Md. Salahuddin, son of late Md. Serajuddin, filed the above Writ Petition No. 2465 of 1992 stating inter alia that after his father late Mr. Md. Serajuddin paid Tk. 1,14,966.00, a dead of lease for 99 years was duly executed and registered on 26 of August, 1960 between late Md. Serajuddin an......urt Division in making the Rule absolute and directing mutation of the names of the respondents are set aside. Ed. This Case is also Reported in: II ADC (2005) 7; I ADC (2004) 337. ......urt Division in making the Rule absolute and directing mutation of the names of the respondents are set aside. Ed. This Case is also Reported in: II ADC (2005) 7; I ADC (2004) 337. ..Category: Property Law | Date: | Hits: 35
M. M. Kamruzzaman Vs. The State and another, 2007, 36 CLC (AD)
....iled application seeking transfer of the said case from Dinajpur Sessions Division to some other competent Special Tribunal of Sessions Division of the districts as mentioned above. 3. The prayer for transfer of Nari-in-Shishu Nirjatan Daman case pending before the Special Tribunal No.2,......Respondents Judgment May 3, 2007. Lawyers Involved: Md. Nawab Ali, Advocate-on-record - For the Petitioner. Not represented – the Respondents. Criminal Petition for Leave to Appeal No. 254 of 2004. (From the Judgment and Order dated 5.7.2004 passed by the ......y the High Court Division suffers from no such infirmity calling for interference. Accordingly, the leave petition is dismissed. Ed. This Case is also Reported in: ......y the High Court Division suffers from no such infirmity calling for interference. Accordingly, the leave petition is dismissed. Ed. This Case is also Reported in: ..Category: Criminal Law | Date: | Hits: 61
Director General, BARI & Ors. Vs. Kazi Md. Sadequl Islam and others, 2009, 38 CLC (AD)
....der of injunction vide order dated 27.10.2005 in this writ petition, restraining the writ respondents from filing up the post of Senior Assistant Director (Admin) till disposal of the Rule. But on prayer of the respondents in Civil Petition For Leave To Appeal No. 941 of 2005, the Appellate Divi......ioners. Abdul Wadud Bhuiyan, Senior Advocate, instructed by Mrs. Sufia Khatun, Advocate-on-record - For the Respondent No.1. Not represented - Respondent Nos. 2-4. Civil Petition for Leave to Appeal No. 272 of 2009. (From the judgment and order dated 20th April, 2008 passe......ndents are at liberty to mention the same for early hearing the appeal. Ed. This Case is also Reported in: ......ndents are at liberty to mention the same for early hearing the appeal. Ed. This Case is also Reported in: ..Category: Employment/Service Law | Date: | Hits: 89
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