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Md. Lukman Vs. Rustom Khan and others, 2008, 37 CLC (AD)
....il Revision No. 2350 of 2002). Judgement Mohammad Fazlul Karim J.- This petition for Leave to Appeal is directed against the judgment and order dated 06.11.2006 passed by the High ...... above, the submissions of the learned Advocate for the petitioner deserve no consideration. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: ......ing of the Rule setting aside both judgments and decrees of the Courts below declaring all the suit schedule as vested. 2. The facts of the case, in short, are Zulkadar Khan, father of the plaintiffs filed Money Suit No.5 of 1979 in the Court of Subordinate Judge, 1st Court, Sylhet again..Category: Property Law | Date: | Hits: 51
Special Reference No.1 of 2009, 38 CLC (AD)
....Vs. Rahimafrooz Batteries Ltd. 7 BLC (AD) 2002 page 73; State of M.P. V. Tikamdas, AIR 1975 SC page 1429; Abdul Mannan Bhuiyan V. State, 60 DLR (AD) 49; R V. Sussex Justices, 1924; Secretary of State for the Home Department (Respondent) V. AF (Appellant) (2009) UKHL 28, Ex parte Milligon 71 US (4 wa...... and others either by making new legislation or by amending the BDR Order, 1972 for the offences committed by them after thorough and proper investigation. In this context he submits that neither the amendment of BDR Order nor any new legislation in this connection could be hit by the principle of e......e. Surendra Kumar Sinha J.- I agree with the opinion expressed by my learned brother Md. Abdul Matin, J. in respect of question A and B of the Reference. Ed. This Case is also Reported in: ..Category: Constitutional Law | Date: | Hits: 289
Saleh Ahmed and others Vs. Amena Bewa and others, 2008, 37 CLC (AD)
....008. Lawyers Involved: Fazlul Karim, Senior Advocate instructed by Md. Nawab Ali, Advocate-on-Record-For the Petitioners. Not represented- the Respondents. Civil Petition for Leave to Appeal No.1426 of 2006. (From the judgment and order dated 18.10.2005 passed by......to inherent power of the court for rejecting plaint. We find no merit in this petition which is accordingly dismissed. Ed. This Case is also Reported in: VI ADC (2009) 695. ...... Judge, Rangpur, affirming those dated 29.06.1997 passed in Other Suit No.50 of 1996 by the learned Senior Assistant Judge, Rangpur. 2. The facts, in short, are that the respondents as plaintiffs instituted Other Class Suit No. 50 of 1996 in the Court of the learned Senior Assistant ..Category: Civil Law | Date: | Hits: 94
Saheb Ali Dewan Vs. Md. Zahirul Hoque Dewan, 2009, 38 CLC (AD)
....Respondent Judgment May 26, 2009. Lawyers Involved: Md. Aftab Hossain, Advocate-on-Record-For the Petitioner. Not Represented-the Respondent. Civil Petition for Leave to Appeal No. 883 of 2008. (From the judgment and order dated 10.3.2008 passed by ......e materials on record. We therefore find no reason to interfere with the same. The petition is accordingly dismissed. Ed. This Case is also Reported in: VI ADC (2009) 684. ......Appeal No.133 of 2002 and also the judgment and decree dated 29.4.2002 passed by the learned Assistant Judge, Manikganj decreeing the suit in Title Suit No.128 of 2000. 2. The respondent as plaintiff instituted Title No.128 of 2000 in the court of the Assistant Judge, Manikganj against th..Category: Property Law | Date: | Hits: 29
Gour Chandra Majhi Vs. Shusen Kumar Mondal and others, 2009, 38 CLC (AD)
....d-For the Petitioner. A.J. Mohammad Ali, Senior Advocate, instructed by Haridas Paul Advocate-on-Record-For Respondent No.1-3. Not represented-Respondent No. 4-7. Civil Petition for leave to Appeal No. 634 of 2008. (From the judgment and order dated 29.01.2008 passed b...... judgment and order passed by the High Court Division. Accordingly, the application for leave to appeal is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 676. ......ng aside the judgment and decree dated 22.11.1989 passed in Title Suit No. 26 of 1987 by the learned Assistant Judge, Chittalmari, Bagerhat, dismissing the suit. 3. The petitioner hereof as plaintiff filed the suit for declaration and injunction to the effect that the order dated 31.03.19..Category: Property Law | Date: | Hits: 54
Abdus Sattar Mollah Vs. Abdul Malek Mollah and others, 2009, 38 CLC (AD)
....yers Involved: Abdul Halim Chaklader, Senior Advocate-instructed by Md. Nawab Ali, Advocate-on-Record-For the Petitioner. Not represented- the Respondents. Civil Review Petition for Leave to Appeal No.173 of 2008. (From the judgment and order dated the 2nd day of June,......find no substance in the submission of the learned Counsel for the petitioner. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 671. ......f the aforesaid persons for the whole suit land. Thereafter, in 1359 B.S. the said present petitioner, who is lying thereto by constructing dwelling house thereon. But due to business purpose, the plaintiff does not stay at home. During the operation of the S.A. record, one Abdullah was entruste..Category: Property Law | Date: | Hits: 25
Bangladesh Vs. Mariam Begum and others, 2009, 38 CLC (AD)
....torney General, instructed by B. Hossain, Advocate -on-Record-For the Petitioner. Md. Nawab Ali, Advocate-on-Record-For Respondent No. 1. Not represented-Respondent Nos. 2-14. Civil Petition for Leave to Appeal No. 303 of 2007. (From the judgment and order dated 1.8.2006 passed by the Hi......no illegality or infirmity in the above Decision so as to call for any interference. The petition is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 661, 63 DLR (AD) (2011) 122....... khas possession of the suit land, on the averments that the suit land originally belonged to Abdul Ali, a purchaser from the C.S. recorded owner, and Rustom Ali, the predecessor in interest of the plaintiffs, by registered sale deed dated 16.9.1958 purchased the suit land from Abdul Ali and Rusta..Category: Property Law | Date: | Hits: 25
Rajdhani Unnayan Kartipakkya (RAJUK) Vs. Jahan Ara Begum and others, 2008, 37 CLC (AD)
....inst the common judgment dated July 31, 2001 in Writ Petition Nos. 3407 and 4576 of 1996. 2. Facts of the petitions and the question of law involved being common the same have been taken up for hearing together. The writ petitions in the first bunch were filed impugning the notice of Rajd......le disposed of with directions therein are, hereby, set aside. Accordingly, the appeals are allowed. Ed. This Case is also Reported in: 61 DLR (AD) (2009) 145; VI ADC (2009) 649. ......le disposed of with directions therein are, hereby, set aside. Accordingly, the appeals are allowed. Ed. This Case is also Reported in: 61 DLR (AD) (2009) 145; VI ADC (2009) 649. ..Category: Property Law | Date: | Hits: 41
HRC Shipping Ltd. Vs. MV Lady Fatima and others, 2009, 38 CLC (AD)
....r. M Zahir, Senior Advocate instructed by Syed Mahbubur Rahman, Advocate-on-Record—For Respondent No. 5. None represented—Respondent Nos. 3, 4 and 6-19. Civil Petition for Leave to Appeal No.1368 of 2007. (From the judgment and order dated the 14th day of Augu...... substance in the submissions of the learned Advocate for the petitioner. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: 14 BLC (AD) (2009)115. ......y Fatima' dated 10-7-2007 passed by the High Court Division and for release of the vessels 'MV Dali' and 'MV Lady Fatima'. 2. The facts of the case, in short, are that the petitioner as the plaintiff filed an application for arrest of 'MV Lady Fatima' and 'MV Dali' berthed at Chittag..Category: Admiralty Law or Maritime Law | Date: | Hits: 513
Md. Nurul Alam Miah and others Vs. Md. Idris Ali, 2009, 38 CLC (AD)
.... Syed Mahbubur Rahman, Advocate-on-Record-For the Petitioners. A. B. M. Nurul Islam, Senior Advocate instructed by Mrs. Sufia Khatun, Advocate-on-Record-For Respondent. Civil Petition for Leave to Appeal No.1534 of 2008. (From the judgment and order dated the 5th day of June,......ind no substance in the submissions of the learned Counsel for the petitioner. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 605. ......the Assistant Judge, 6th Court Dhaka in Title Execution Case No.4 of 2004 rejected the Application for appointment of advocate Commissioner. 2. The facts of the case, in short, are that the plaintiff instituted the Title Suit No. 253 of 1998 in the 6th Court of Assistant Judge, Dhaka impl..Category: Property Law | Date: | Hits: 33
Md. Shoukat Ali Howlader and others Vs. Nur Box Howlader and others, 2008, 37 CLC (AD)
.... Bivash Chandra Biswas, Advocate-on-Record-For the Petitioners. Md. Nawab Ali, Advocate-on-Record-For Respondent No.1. Not represented-Respondent Nos. 2-12. Civil Petition for Leave to Appeal No. 487 of 2007. (From the judgment and order dated the 10th day of May,......nd no substance in the submissions of the learned Advocate for the petitioner. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 604. ......of 1998 setting aside those dated 26.02.1998 passed by the Assistant Judge, Muladi, Barisal in Title Suit No. 97 of 1985 decreeing the suit. 2. The facts of the case, in short, are that the plaintiffs filed Title Suit No. 97 of 1985 in the Court of Assistant Judge, Mulladi, Barisal for pa..Category: Property Law | Date: | Hits: 24
Md. Azizur Rahman Vs. Alatun Bewa alias Jahanara Bewa and others, 2008, 37 CLC (AD)
.... Bivash Chandra Biswas, Advocate-on-Record-For the Petitioner. Md. Abu Siddique, Advocate-on-Record-For Respondent No. 1 Not Represented- Respondent Nos. 2-9. Civil Petition for Leave to Appeal No. 631 of 2007. (From the judgment and order dated 04.04.2005 passed by......rrived at a correct decision. We therefore find no reason to interfere with the same. The petition is accordingly dismissed. Ed. This Case is also Reported in: VI ADC (2009) 597. ......n case for pre-emption along with statutory compensation thereof. 3. The petitioner as pre-emptee contested the case by filing written objection denying the material allegations in the plaint stating, inter alia, that the case is barred by limitation, defect of parties and since pre..Category: Property Law | Date: | Hits: 26
Abdul Gafur Vs. Mariom Bibi and others, 2009, 38 CLC (AD)
....etitioner. Syed Amirul Islam, Senior Advocate instructed by Mrs. Sufia Khatun, Advocate-on-Record-For Respondent Nos.1-10. Nor represented- Respondent Nos.11-33. Civil Petition for Leave to Appeal No. 467 of 2008. (From the judgment and order dated 05.12.2007 passed by......1 of 1967 by the Appellate Division the plaintiff filed an application under Section 152 read with Section 153 of the Code of Civil Procedure before the learned Subordinate Judge, Comilla for amendment of the plaint by substituting Certificate Case No.55921 in place of Certificate Case No. .......01.1996 passed by the learned Subordinate Judge, 1st Court, Brahmanbaria in Title Suit No.03 of 1993. 2. The facts, in short, are that the predecessor of the petitioner, Abdul Gafur as plaintiff instituted Title Suit No. 3 of 1993 impleading the principal respondent Nos.1-10 an..Category: Property Law | Date: | Hits: 25
Md. Yunus Vs. Abul Kalam others, 2009, 38 CLC (AD)
....ord-For the Petitioners. Moqbul Ahmed, Advocate, instructed by A.K.M. Shahidul Huq, Advocate-on-Record-For Respondent No.1-4. Not represented-Respondent No. 5-26. Civil Petition for Leave to Appeal No. 382 of 2008. (From the judgment and order dated10.12.2007 passed by ......ons of the learned Advocate for the petitioner and find no merit in the leave petition. The leave petition is thus dismissed. Ed. This Case is also Reported in: VI ADC (2009) 584. ......he Assistant Judge, Hathazari, Chittagong in Title Suit No.45 of 1996 granting an order of mandatory injunction. 2. Facts, in brief, are that one Abdur Rahman, father of respondent No.1-4 as plaintiffs instituted Title suit no. 45 of 1996 in the Court of Assistant Judge, hathazari, Chitta..Category: Property Law | Date: | Hits: 22
Abdul Halim and another Vs. Sheikh Abdullah and others, 2008, 37 CLC (AD)
.....K.M. Shahidul Hug, Advocate-on-Record-For the Petitioners. Md. Abu Siddique, Advocate-on-Record-For Respondent No. 1-2. None represented-For Respondent No.3-16. Civil Petition for Leave to Appeal No.1286 of 2007. (From the judgment an order dated the 17th day of May, ......d no substance in the submissions of the learned Advocate for the petitioners. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 581. ......he aforesaid Tahera Begum sold out 4 kathas of land to the proforma defendant No. 10 and 11 by 2 registered deeds of sale both dated 21.07.1980 and then she transferred 0.0826 acres of land to the plaintiffs by 4 registered deeds of sale dated 24.12.1980 and that Tahera Begum exhausted all her r..Category: Property Law | Date: | Hits: 30
Md. Amir Uddin Miah and another Vs. Dhaka City Corporation, 2008, 37 CLC (AD)
.....4. Not Represented-Respondent No. 1-3. Civil Review Petition No. 142 of 2008. (From the judgment and order dated 20.07.2008 passed by the Appellate Division in Civil Petition for Leave to Appeal No.1187 of 2008). Judgment &nb......review does not mean rehearing of the matter we find no merit in the review petition. The petition is accordingly dismissed. Ed. This Case is also Reported in: VI ADC (2009) 578. ......#2542; dated 24.01.2008 issued by the respondent No.3, Tax Officer, Zone-9 (Gulshan), Dhaka City Corporation, Dhaka cancelling the trade license of the petitioners on the basis of the complaint submitted by the respondent No.4. The petitioners as partners started hotel business in 1989..Category: Business or Commercial Law | Date: | Hits: 169
Mahbubur Rahman Miah Vs. MA Kabir Chowdhury and others, 2009, 38 CLC (AD)
....p; Civil Petition for Leave to Appeal No. 448 of 2007. (From the judgment and order dated 28th August, 2006 p......d for vacating the order dated 12.7.2004 whereby execution case was disposed of earlier and for amendment of the execution case by adding the above petitioner as a judgment debtor and also for amendment of the schedule by incorporating 2(cha) being a new property for execution. The learned e......ivil Revision No. 2 of 2005 affirming the order dated 30.9.2004 passed by the learned Joint District Judge, 1st Court, Chittagong in Other Execution Case No. 20 of 2003. The opposite party No.1 as plaintiff obtained a decree in Other Class Suit No. 101 of 1989 for declaration of title ..Category: Property Law | Date: | Hits: 25
Nazmul Huda Chowdhury Vs. Janata Bank and another, 2008, 37 CLC (AD)
.... December 18, 2008. Result: The petition is dismissed. Lawyers Involved: Muhammad Nawab Ali, Advocate-on-record-For the Petitioner. Not represented-the Respondents. Civil Petition for Leave to Appeal No. 1385 of 2007. (From the judgment and order dated 11th February, 2007 pas...... that the High Court Division upon correct assessment of the materials on record arrived at a correct decision. The petition is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 569.......mercial Area, known as "Mercantile Court" belonging to a non Bengali vested in the Government of Bangladesh as abandoned property and the said building was occupied by different tenants including the plaintiff. The Government of Bangladesh under its power of management of abandoned properties, publi..Category: Property Law | Date: | Hits: 28
Md. Qamrul Islam and others Vs. Md. Abdul Wazed Miah and another, 2008, 37 CLC (AD)
....ugust 27, 2008. Lawyers Involved: Md. Aftab Hossain, Advocate-on-Record-For the Petitioners. Syed Mahbubur Rahman, Advocate-on-Record-For Respondent No.1. Civil Petition for Leave to Appeal No.1010 of 2007. (From the judgment and order dated 15.05.2007 passed b...... no illegality or infirmity in the above decision so as to call for any interference. The petition is dismissed. Ed. This Case is also Reported in: 14 MLR (AD) (2009) 561. ......dated 23.11.1998 of the learned Assistant Judge, Bauphal, Patuakhali in Title Suit No.16 of 1984 dismissing the suit. 2. Facts, in brief, are that the predecessor of the petitioners, as plaintiff, instituted the above suit seeking declaration that the suit land measuring 33 decim..Category: Property Law | Date: | Hits: 22
Noor Jahan Begum and another Vs. Golam Mostafa and others, 2009, 38 CLC (AD)
....podents Judgment January 15, 2009. Lawyers Involved: Md. Nawab Ali, Advocate-on-Record-For the Petitioners. Not represented- the Respondents. Civil Petition for Leave to Appeal No.1518 of 2007. (From the judgment and order dated the 7th day of Augus......e find no substance in the submissions of the learned Advocate for the petitioners. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 558. ......Tior in equal share and their names were recorded in C.S. record; That on their death the defendant No.12-14 inherited their properties and proposed to sell 18 decimals out of the land and that the plaintiffs had agreed to purchase the same at highest market price of TK. 4,00,000.00 and that acco..Category: Property Law | Date: | Hits: 25
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