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Sheikh Ahmed Showdagar and oth­ers Vs. Mostafizur Rahman and another, 2002, 31 CLC (AD)

....sion made above we do not find merit in this appeal. Accordingly the appeal is dismissed with­out any order as to costs. Ed. This Case is also Reported in: 1 ADC (2004) 326. ......4) 326. ......sion made above we do not find merit in this appeal. Accordingly the appeal is dismissed with­out any order as to costs. Ed. This Case is also Reported in: 1 ADC (2004) 326. ......vision in First Appeal No. 717 of 1991). Judgment                  Md. Ruhul Amin J. - This appeal by the plaintiffs, by leave, is against the judgment and decree dated August 2, 1994 in First Appeal No. 7..

Category: Property Law | Date: | Hits: 24

Md. Shah Alam Vs. Md. Islam and others, 2004, 33 CLC (AD)

....ity in the decision of the    High Court Division. Accordingly the appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: 1 ADC (2004) 294. ......late Division (Civil) Present: Md. Ruhul Amin J M.M. Ruhul Amin J Md. Tafazzal Islam J Md. Shah Alam.................Appellant Vs. Md. Islam and others..............................Respondents Judgment May 26, 2004. C......ity in the decision of the    High Court Division. Accordingly the appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: 1 ADC (2004) 294. ...... in revision the High Court Division made the Rule absolute and dismissed the suit. Leave was granted in the following terms:- "Mr. A. F. Hasan Arif, learned Advocate for the plaintiff petitioner, submits that the High Court Division fell into an error of law in holding ..

Category: Procedural Law | Date: | Hits: 87

Additional Deputy Com­missioner (Rev) Dhaka & others Vs. Mst. Farhad Begum & ors, 2004, 33 CLC (AD)

....ent and order dated 18.5.1999 passed by the High Court Division in F.A. No. 74 of 1998 is set aside and the suit is dismissed. Ed. This Case is also Reported in: 1 ADC (2004) 256. ...... Md. Ruhul Amin J M. M. Ruhul Amin J Md. Tafazzul Islam J Additional Deputy Com­missioner (Rev) Dhaka & others........Appellants Vs. Mst. Farhad Begum and others...........Respondents Judgment May 15, 2004. Lawyers Involved: ......ent and order dated 18.5.1999 passed by the High Court Division in F.A. No. 74 of 1998 is set aside and the suit is dismissed. Ed. This Case is also Reported in: 1 ADC (2004) 256. ......79; Mujibul Hoque after getting possession of the suit land mutated his name and continued to possess the suit land on payment of rent to the Government and while in possession he died leaving the plaintiffs as his heirs the plaintiffs had been possessing the suit land by erecting huts there on ..

Category: Property Law | Date: | Hits: 29

Saleha Begum and others Vs. Nisar Uddin and others, 2007, 36 CLC (AD)

.... are accordingly exempted from payment of the said cost. With the above observation this petition is dismissed. Ed. This Case is also Reported in: 13 MLR (AD) (2008) 342. ......8) 342. ...... are accordingly exempted from payment of the said cost. With the above observation this petition is dismissed. Ed. This Case is also Reported in: 13 MLR (AD) (2008) 342. ...... Revision No. 6491 of 2002.) Judgment                 Amirul Kabir Chowdhury J. - Saleha Begum and four other plaintiff-petitioners have preferred this petition under Article 103 of the Constitution of People'..

Category: Property Law | Date: | Hits: 25

Md. Golam Rasul Vs. Chan Mohammad, 2003, 32 CLC (AD)

.... Division is set aside and the judgment and decree of the appellate court is restored. There is no order as to costs. Ed. This Case is also Reported in: 1 ADC (2004) 219. ......dvocate, instructed by Md. Nawab Ali, Advocate-on-Record-For the Appellant. N. I. Bhuiyan, Advocate-on-Record-For the respondent. Civil Appeal No.138 of 1998. (From the Judgment and order dated February 19,1998 passed by the High Court Division in Civil Revision No. 577 of 199...... Division is set aside and the judgment and decree of the appellate court is restored. There is no order as to costs. Ed. This Case is also Reported in: 1 ADC (2004) 219. ......ion in Civil Revision No. 577 of 1991). Judgment                Md. Ruhul Amin J.- This appeal, by leave, is by the plaintiff against the judgment and order dated February 19, 1998 of a Single Bench of the High Cou..

Category: Property Law | Date: | Hits: 46

Aminul Islam Chowdhury and oth­ers Vs. Abdul Hamid and others, 2003, 32 CLC (AD)

.... case is remanded back to the High Court Division for hearing the rule and for disposal of the same in accordance with law.  Ed. This Case is also Reported in: 1 ADC (2004) 217.  ......sp; ...... case is remanded back to the High Court Division for hearing the rule and for disposal of the same in accordance with law.  Ed. This Case is also Reported in: 1 ADC (2004) 217.  ...... appears that the trial Court upon framing 6 (six) issues decided the issues upon due con­sideration of materials of record placed by both the parties and thereafter decreed the Suit in favor of the plaintiff petitioner. But on perusal of the judg­ment of the lower appellate Court find that the pe..

Category: Procedural Law | Date: | Hits: 76

Md. Azizul Huq Vs. Sree Purna Chandra Das, 2001, 30 CLC (AD)

.... that Division for hearing the appeal afresh on merit. The appeal is accordingly allowed. There is no order as to costs. Ed. This Case is also Reported in: 1 ADC (2004) 214. ......pellate Division (Civil) Present Latifur Rahman CJ Mahmudul Amin Coudhury J Mainur Reza Chowdhury J Md. Ruhul Amin J Md. Azizul Huq alias Md. A. Aziz and others ...............Appellants Vs. Sree Purna Chandra Das alias Sree Purna Cha...... that Division for hearing the appeal afresh on merit. The appeal is accordingly allowed. There is no order as to costs. Ed. This Case is also Reported in: 1 ADC (2004) 214. ...... earning his livelihood and as money was required for the purpose defendant No.1 Sree Purna Chandra Das executed an unregistered bainapatra on 24.11.1991 for sell­ing 4.32 acres of land to the plaintiff at a con­sideration of Tk. 2,50,000/- on receiving earnest money of Tk. 50,000/-. Sub..

Category: Property Law | Date: | Hits: 32

Narayan Chandra Sarker Vs. Abdur Rahman, 2001, 30 CLC (AD)

.... prayed for. In view of the aforesaid submission the appeal is, accordingly disposed of without any order as to costs. Ed. This Case is also Reported in: 1 ADC (2004) 197. ...... (Civil) Present: Mahmudul Amin Choudhury CJ Mainur Reza Chowdhury J Mohammad Gholam Rabbani J Md. Ruhul Amin J Mohammad Fazlul Karim J Narayan Chandra Sarker...............Appellant Vs. Abdur Rahman.............................Re...... prayed for. In view of the aforesaid submission the appeal is, accordingly disposed of without any order as to costs. Ed. This Case is also Reported in: 1 ADC (2004) 197. ......he plaint of S.C.C Suit No. 2 of 1989 in the Court of Senior Assistant Judge, Sadar, Dinajpur on the ground mentioned in this application. At the time of hearing of this appeal it come out that the plaintiff has a difficult case to sustain in this Small Causes Courts suit as it involves a questi..

Category: Procedural Law | Date: | Hits: 95

Bangladesh Water Development Board Vs. M/s Zakir Construction & Co., 2000, 29 CLC (AD)

....refore no merit in this appeal and the same is liable to be dismissed. The appeal is accordingly dismissed with costs. Ed. This Case is also Reported in: 1 ADC (2004) 160. ......ellant Vs. M/s Zakir Construction & Co........Respondent Judgment November 27, 2000. Case Referred to- Bangladesh Agricultural Development vs. Kibria and Associates Ltd. 46 DLR (AD) 97. Lawyers Involved: Abdul Wadud Bhuiyan, Senior Ad......refore no merit in this appeal and the same is liable to be dismissed. The appeal is accordingly dismissed with costs. Ed. This Case is also Reported in: 1 ADC (2004) 160. ......2,00,000/-. It is also an admitted fact that on 18.3.1989 work order was issued and agree­ment was entered into on 27.3.1989 and actual­ly work commenced on 24.3.1989. It is the case of the plaintiff respondent that the present appellant failed to give necessary construction materials, c..

Category: Civil Law | Date: | Hits: 89

Government of Bangladesh Vs. Shamsuddin Ahmed, 2003, 32 CLC (AD)

....wing arrear salary to the respondent is affirmed and the order allowing pro forma pro­motion to him is disallowed.    Ed. This Case is also Reported in: 1 ADC (2004) 144. ......ddin Ahmed, Advocate instructed by Shamsul Haque Siddique, Advocate-on-Record-For the respondent (appeared with the leave of the Court) (In both the appeals).  Civil Appeal Nos. 102 and 103 of 1997. (From the Judgment and order dated 26-11-96 passed by the Administrative Appella......wing arrear salary to the respondent is affirmed and the order allowing pro forma pro­motion to him is disallowed.    Ed. This Case is also Reported in: 1 ADC (2004) 144. ......ent. It was not done on the basis of the reasoning's given by the trial Court but on the basis of a persuasive opinion of the Ministry of Law. The trial court did not set aside the order removing the plaintiff respondent from service. It is the Government which by the order of reinstatement dated 15..

Category: Administrative Law | Date: | Hits: 138

Md. Sirajuddin Vs. Mohibunessa and others, 2002, 31 CLC (AD)

....he appeal is allowed and the impugned judgment of the High Court Division is set aside. No order is made as to cost. Ed. This Case is also Reported in: 1 ADC (2004) 136. ......ate Division (Civil) Present: Mainur Raza Chowdhury J Sayeed JR Mudassir Husain J Md. Sirajuddin........................Appellant. Vs. Mohibunessa and others…………..Respondents Judgment April 30, 2002. ......he appeal is allowed and the impugned judgment of the High Court Division is set aside. No order is made as to cost. Ed. This Case is also Reported in: 1 ADC (2004) 136. ......r 6 Rule 17 of the Code of Civil Procedure in Other Class Suit No.10 of 1989 by discharging the Rule issued in Civil Revision No. 56 of 1992. 2. The facts, in brief are that the appellant as plaintiff filed the aforesaid suit in the Court of Assistant Judge, at Gouripur Upazilla for perman..

Category: Property Law | Date: | Hits: 23

Abdul Hai and others Vs. Atar Islam and others, 2004, 33 CLC (AD)

....egal infirmity in the judgment of the High Court Division. The appeal is accordingly dismissed without any order as to costs. Ed. This Case is also Reported in: 1 ADC (2004) 107. ......d. This Case is also Reported in: 1 ADC (2004) 107. ......egal infirmity in the judgment of the High Court Division. The appeal is accordingly dismissed without any order as to costs. Ed. This Case is also Reported in: 1 ADC (2004) 107. ......ppeal No. 85 of 1992 reversing the judgment and order dated 24.05.1992 passed by the learned Assistant Judge, Comilla Sadar, in Miscellaneous Case No. 35 of 1990. 2. Short fact are that the plaintiff-respon­dent field Title Suit No. 263 of 1986 for decla­ration of title and confir..

Category: Procedural Law | Date: | Hits: 84

Military Estate officer, Dhaka Cantonment Vs. Sk. Mohammad Ali and others, 2002, 31 CLC (AD)

....ed for. 9. There is, therefore, no merit in this appeal and the same is accordingly dismissed without any order as to costs. Ed. This Case is also Reported in: 1 ADC (2004) 46. ...... Appellate Division (Civil) Present: Mahmudul Amin Choudhury CJ Md. Ruhul Amin J K. M. Hasan J Military Estate officer, Dhaka Cantonment, Dhaka and another..........Appellants Vs. Sk. Mohammad Ali and others..........Respondents......ed for. 9. There is, therefore, no merit in this appeal and the same is accordingly dismissed without any order as to costs. Ed. This Case is also Reported in: 1 ADC (2004) 46. ......ted 25th March, 1998 passed by a Division Bench of the High Court Division in First Appeal No. 206 of 1995 allowing the appeal. 2. The short fact leading to this appeal is that respondent as plaintiffs earlier instituted Other Class Suit 1977 against the present appellants and others in t..

Category: Property Law | Date: | Hits: 31

Shahabuddin Chisti Vs. Rajdhani Unnayan Katripakhya and another, 2008, 37 CLC (AD)

....ned Counsel for the appellant. Accordingly, the appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: 61 DLR (AD) (2009), 73; VI ADC (2009) 271. ...... Ruhul Amin CJ Mohammad Fazlul Karim J Md. Tafazzul Islam J Md. Abdul Matin J Shahabuddin Chisti …........Appellant Vs. Rajdhani Unnayan Katripakhya and another.........Respondents Judgment July 28, 2008. Case Referred To- ......ned Counsel for the appellant. Accordingly, the appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: 61 DLR (AD) (2009), 73; VI ADC (2009) 271. ......e judgment and decree dated 20.02.2003 passed by the Joint District Judge, 1st Court, Dhaka in Title Suit No. 99 of 1999 decreeing the same. 2. The facts of the case, in short, are that the plaintiff appellant instituted Title Suit No.99 of 1999 for declaration that the suit property is h..

Category: Property Law | Date: | Hits: 40

Giasuddin Chowdhury & anr Vs. Military Estate Officer, Central Circle, Dhk, 2008, 37 CLC (AD)

....any cogent reason to differ with the judg­ment of the High Court Division. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 248. ......ellate Division (Civil) Present:    Md. M.M.Ruhul Amin CJ Md. Tafazzul Islam J Md. Abdul Matin J Subeder Major (Rtd.) Giasuddin Chowdhury and another …….......Petitioners Vs. Military Estate Officer, Central C......any cogent reason to differ with the judg­ment of the High Court Division. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 248. ......eal is directed against the judgment and order dated 2nd December, 2007 passed by the High Court Division in Civil Revision No. 1810 of 2005 making the Rule absolute. 2. Short facts are that plaintiffs instituted Title Suit No. 324 of 1999 in the Court of Assistant Judge, 2nd Additional C..

Category: Property Law | Date: | Hits: 22

Harunullah Akhand Vs. Abdul Latif & others, 2006, 35 CLC (AD)

....rect decision. There is no cogent reason to interfere with the same. Accordingly, the leave petition is dis­missed. Ed. This Case is also Reported in: VI ADC (2009) 243. ......rted in: VI ADC (2009) 243. ......rect decision. There is no cogent reason to interfere with the same. Accordingly, the leave petition is dis­missed. Ed. This Case is also Reported in: VI ADC (2009) 243. ...... against the judgment and order dated 26.06.2005 passed by a Single Bench of the High Court Division in Civil Revision No. 3214 of 1997 making the Rule absolute. 2. Short facts are that the plaintiff institut­ed Title Suit No.76 of 1992 in the Court of Additional Assistant Judge, 1st ..

Category: Property Law | Date: | Hits: 34

Mojibar Matubbar and others Vs. Abdul Hamid Matubbar, 2008, 37 CLC (AD)

....fers legal infirmity and is liable to be set aside. The appeal is therefore allowed with­out any order as to costs. Ed. This Case is also Reported in: VI ADC (2009) 238. ......llate Division (Civil) Present:    M.M. Ruhul Amin CJ Md. Tafazzul Islam J Md. Joynul Abedin J Md. Abdul Matin J Mojibar Matubbar and others ..........Appellants Vs. Abdul Hamid Matubbar being dead his heirs Md. Az......fers legal infirmity and is liable to be set aside. The appeal is therefore allowed with­out any order as to costs. Ed. This Case is also Reported in: VI ADC (2009) 238. ...... No. 341 of 1982 decreeing the suit.                2. The respondent Nos.1-4 and their predecessor-in-interest as plaintiff filed Title Suit No. 341 of 1982 in the Court of Munsif, Shariatpur for declaration of ti..

Category: Property Law | Date: | Hits: 25

Raghunath Sarker Vs. Ramnath Sarker, 2008, 37 CLC (AD)

....are of the opinion that the appeal has got no merit and accordingly, the same is dis­missed without any order as to cost. Ed. This Case is also Reported in: VI ADC (2009) 232. ......ondent Judgment July 1, 2008. Lawyers Involved: Alhaj Giasuddin Ahmed, Advocate, instructed by Md. Aftab Hossain, Advocate-on-Record-For the Appellant. Bivash Chandra Biswas, Advocate-on-Record-For the Respondent. Civil Appeal No. 37 of 2004 (Fr......are of the opinion that the appeal has got no merit and accordingly, the same is dis­missed without any order as to cost. Ed. This Case is also Reported in: VI ADC (2009) 232. ......nbsp;                    Md. Hossan Ameen J. - This appeal, by way of leave, at the instance of the plaintiff, is directed against the judgment and order dated 21.5.2001 passed by the High Court Divi..

Category: Property Law | Date: | Hits: 24

Shahabuddin and others Vs. Mahtab Uddin & others, 2006, 35 CLC (AD)

....correct decision. There is no cogent reason to interfere with the same. Accordingly, the leave petition is dis­missed. Ed. This Case is also Reported in: VI ADC (2009) 229. ......229. ......correct decision. There is no cogent reason to interfere with the same. Accordingly, the leave petition is dis­missed. Ed. This Case is also Reported in: VI ADC (2009) 229. ......st the Judgment and order dated 05.03.2005 passed by a Single Bench of the High Court Division in Civil Revision No.3195 of 1998 making the Rule absolute.  2. Short facts are that the plaintiffs instituted Title Suit No. 269 of 1966 in the Court of Munsif(now Assistant Judge), Borol..

Category: Property Law | Date: | Hits: 23

Ranju Roy and other Vs. Jibesh Ranjan Roy and others, 2007, 36 CLC (AD)

....r infirmity in the decision of the High Court Division so as to call for any interference. The petition is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 223. ...... Supreme Court Appellate Division (Civil) Present:    Mohammad Fazlul Karim J Md. Tafazzul Islam J Md. Joynul Abedin J Ranju Roy and other…….............Petitioners Vs. Jibesh Ranjan Roy and others&h......r infirmity in the decision of the High Court Division so as to call for any interference. The petition is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 223. ......ee sons namely Mukunda, Bipin and Manindra and after the death of Mukunda and Bipin the entire property devolved up Manindra; in the year 1972 Manindra who was ailing due to his old age brought the plaintiff to his own house and since then the plaintiff had been resid­ing with Manindra; Mani..

Category: Property Law | Date: | Hits: 22