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Bangladesh Vs. Md. Abdur Rob and others, 2005, 34 CLC (AD)
....irst Appeal No.79 of 1990 is sent back to the High Court Division for disposal on merit. There is no order as to costs. Ed. This Case is also Reported in: VI ADC (2009) 219. ...... Md. Ruhul Amin J M. M. Ruhul Amin J Md. Tafazzul Islam J Government of the People's Republic of Bangladesh, represented by the Deputy Commissioner, Comilla and others ..........Appellants Vs. Md. Abdur Rob and others ...........Respondents. ......irst Appeal No.79 of 1990 is sent back to the High Court Division for disposal on merit. There is no order as to costs. Ed. This Case is also Reported in: VI ADC (2009) 219. ......zul Islam J. - This appeal by leave is directed against the judgment and order dated 19.6.1997 passed by the High Court Division in First Appeal No.79 of 1990 allowing the application filed by the plaintiff for amendment of the plaint and then sending back the suit on remand to the trial court f..Category: Civil Law | Date: | Hits: 107
Mst. Sufia Khanam Mst. @ Sufia Khatun & another Vs. Md. Abdul Rouf @ Tara Miah, 2007, 36 CLC (AD)
....ecord arrived at a correct decision. There is no cogent reason to interfere with the same. The petition is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 217. ......te-on-Record-For the Petitioner (Appeared with the leave of the Court). Not represented- the Respondents. Civil Petition for Leave to Appeal No. 182 of 2006. (From the judgment and order dated 13.12.2005 passed by the High Court Division in Civil Revision No.2716 of 2001.) ......ecord arrived at a correct decision. There is no cogent reason to interfere with the same. The petition is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 217. ......e to appeal is directed against the judgment and order dated 13.12.2005 passed by a Single Bench of the High Court Division in Civil Revision No.2716 of 2001 making the Rule absolute. 2. The plaintiff instituted Other Class Suit No.6 of 1998 in the Court of Assistant Judge, Muktagacha, Mym..Category: Property Law | Date: | Hits: 20
Mst. Dorae Anwara Khatun Chowdhury Vs. Shekerernessa and others, 2008, 37 CLC (AD)
.... should have been decreed by the appellate court. We find no merit in these petitions which are accordingly dismissed. Ed. This Case is also Reported in: VI ADC (2009) 214. ...... Mohammad Fazlul Karim J Md. Tafazzul Islam J Md. Joynul Abedin J Md. Abdul Matin J Mst. Dorae Anwara Khatun Chowdhury being dead his heirs Mst. Arshe Anwara Khatun and others...........Petitioners (In all the cases) Vs Shekerernessa being dead her h...... should have been decreed by the appellate court. We find no merit in these petitions which are accordingly dismissed. Ed. This Case is also Reported in: VI ADC (2009) 214. ...... and reversing the judgment and decree dated 01.03.1992 passed by the learned Upazila Assistant Judge, Dagunbhuiyan in decreeing the Title Suit No. 59 of 1989. 2. The respondent No.1 as plaintiff instituted Title Suit No. 59 of 1989 praying for specific performance of contract s..Category: Property Law | Date: | Hits: 23
Md. Amzad Hossain alias Khoka Vs. Dr. A.K.M. Mobarak Hossain, 2007, 36 CLC (AD)
.... on record arrived 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) 212. ......vil) Present: Md. Joynul Abedin J Md. Abdul Matin J Md. Amzad Hossain alias Khoka……………..Petitioner Vs. Dr. A.K.M. Mobarak Hossain being dead his legal heirs: 1. Jahanara and others .......Respondents Judgment December 4, 2007. Lawyers Involved: Abdul Quayum,...... on record arrived 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) 212. ...... directed against the judgment and order dated 24.04.2006 passed by a Single Bench of the High Court Division in Civil Revision No. 2149 of 2000 discharging the Rule. 2. The short fact is that the plaintiff-respondent Nos.1-8 instituted Other Class Suit No. 56 of 1993 in the court of the Assista..Category: Property Law | Date: | Hits: 26
Abu Yousuf and others Vs. Md. Hanif, 2008, 37 CLC (AD)
....orrect 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) 209, 16 MLR (AD) (2011) 413. ...... Reported in: VI ADC (2009) 209, 16 MLR (AD) (2011) 413. ......orrect 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) 209, 16 MLR (AD) (2011) 413. ......cree dated 20.7.2003 passed by the learned Assistant Judge, Chatkhil, Noakhali, in title Suit No.13 of 2002 decreeing the suit for permanent injunction. 2. The Short fact is that the respondent as plaintiff instituted the aforesaid Title Suit No.13 of 2002 against the defendant-petitioners for ..Category: Property Law | Date: | Hits: 26
Jahanara Begum Vs. Badura Begum and others, 2007, 36 CLC (AD)
....n the submissions of the learned Advocate-on-Record for our interference. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 197. ......ivision (Civil) Present: Mohammad Fazlul Karim J M.M. Ruhul Amin J Jahanara Begum.................... Added-opposite party-Petitioner Vs Badura Begum and others……………………Plaintiff-respondents ......n the submissions of the learned Advocate-on-Record for our interference. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 197. ......; 2. The predecessor of opposite party Nos.1 to 4 as plaintiffs filed a Other Class Suit No.19 of 1988 in the Court of the Assistant Judge, Hathazari, C..Category: Civil Law | Date: | Hits: 94
Afazuddin Mollah and others Vs. Sadhan Chandra Roy, 2007, 36 CLC (AD)
....ubstances 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) 193. ......9) 193. ......ubstances 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) 193. ......the suit land originally belonged to Fazal Sheikh and others and District Settlement record was prepared accordingly. Fazal Sheikh died leaving behind Bhanu Nessa as wife, Gafur and plaintiff Afazuddin, as sons, and Hajiron Nessa and Baru Bibi, as daughters. As per Mohammedan..Category: Property Law | Date: | Hits: 21
Mahadeb Chandra Mondal and other Vs. Rebati Sarder and others, 2007, 36 CLC (AD)
.... 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) 186. ...... Case is also Reported in: VI ADC (2009) 186. ...... 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) 186. ......o.244 of 1966 and the order dated 23.12.1970 passed by Assistant Commissioner (Revenue) in Miscellaneous Case No. 180 of 1971 to the fraudulent, forged, collusive, illegal and not binding upon the plaintiff contending, inter-alia, that the land of District Settlement Khatian No. 82 of mouza Boya..Category: Property Law | Date: | Hits: 23
K.K.K. Garments Limited Vs. Islamic Bank Bangladesh Limited and others, 2007, 36 CLC (AD)
....erit in the submissions of the learned Advocate for the petitioner. Accordingly, the leave petition is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 181. ...... Present: Md. Ruhul Amin CJ Mohammad Fazlul Karim J M.M. Ruhul Amin J K.K.K. Garments Limited…......Petitioner Vs Islamic Bank Bangladesh Limited and others…........Respondents Judgment August 13, 2007. Lawyers Invol......erit in the submissions of the learned Advocate for the petitioner. Accordingly, the leave petition is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 181. ......People's Republic of Bangladesh is directed against the judgment and order dated 27.03.2005 passed by the High Court Division in First Appeal No. 121 of 2000 allowing the appeal. 2. The plaintiff-respondents instituted Title Suit No. 239 of 1997 in the Court of Subordinate Judge, Arth..Category: Banking Law | Date: | Hits: 97
Shahjahan Mridha Vs. Jalal Sikder and others, 2007, 36 CLC (AD)
....nce and as such the impugned judgment and order does not call for our interference and accordingly, the petition is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 147. ...... Md. Tafazzul Islam J Md. Joynul Abedin J Md. Hassan Ameen J Shahjahan Mridha………………..Petitioner Vs. Jalal Sikder and others…..... Respondents Judgment November 14, 2007. Lawyers Involv......nce and as such the impugned judgment and order does not call for our interference and accordingly, the petition is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 147. ......decree dated April 23, 2002 in Title Suit No.352 of 1999 of the Court of Assistant Judge, Rajbari. 2. The short facts necessary for the purpose of disposal of the petition are that the plaintiff-respondent-petitioners filed Title Suit No. 35 of 1999 against the defendant-appellant-op..Category: Property Law | Date: | Hits: 37
Md. Nurul Hoque Sarker Vs. Janata Bank, Tan Bazar Branch, Narayangonj and other, 2008, 37 CLC (AD)
....re is 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) 142. ...... Abedin J Md. Abdul Matin J. Md. Nurul Hoque Sarker………………….....Petitioner Vs. Janata Bank, Tan Bazar Branch, Narayangonj and other....Respondents Judgment August 3, 2008. Case Referred To- Sul......re is 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) 142. ......nt District Judge), Artha Rin Adalat in Mortgage Suit No. 63 of 1994 accepting the additional written statement filed by the petitioner. 2. Facts, in brief, are that the respondent No.1, as plaintiff, filed the above Mortgage Suit No.63 of 1994 praying for a preliminary decree for Tk.78,7..Category: Civil Law | Date: | Hits: 106
Abdur Rashid Bepari Vs. Soleman Ali, 2008, 37 CLC (AD)
....d any illegality or error of law so as to warrant interference by this court. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 139. ...... (Civil) Present: Md. Tafazzul Islam J Md. Abdul Matin J Abdur Rashid Bepari.........Petitioner Vs. Soleman Ali being dead his heirs: Most Golenur Bewa and others .......Respondent Judgment February 6, 2008. Lawyers Involved: ......d any illegality or error of law so as to warrant interference by this court. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 139. ......and decree dated 28.09.1995 passed in Other Appeal No.75 of 1994 upholding the judgment and decree dated 26.06.1994 passed in Other Suit No. 44 of 1994. 2. The facts, in short, are that the plaintiff-petitioner filed the aforesaid Other Suit No.44 of 1994 against the defendant-opposite pa..Category: Property Law | Date: | Hits: 21
Elahi Mondal Vs. Juran Mondal and others, 2008, 37 CLC (AD)
.... there being no illegality or infirmity in the above decision no interference is called for. The petition is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 135. ......Md. Tafazzul Islam J Md. Joynul Abedin J Md. Abdul Matin J Elahi Mondal……………………Petitioner Vs. Juran Mondal and others……........Respondents Judgment July 30, 2008. Lawyers...... there being no illegality or infirmity in the above decision no interference is called for. The petition is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 135. ...... 1999 affirming those of dated 25.8.1999 of the learned Senior Assistant Judge, Jhenidah in Title Suit No.62 of 1988 decreeing the suit. 2. Facts, in brief, are that the respondent No.1, as plaintiff, filed the above suit seeking declaration of his title in the land as described Ka schedu..Category: Property Law | Date: | Hits: 25
Jitendra Nath Bachar Vs. Badhakanta Sardar, 2008, 37 CLC (AD)
.... hesitation to agree with the judgment and order of the High Court Division. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 127. ...... Division (Civil) Present: Mohammad Fazlul Karim J Md. Joynul Abedin J Md. Hassan Ameen J Jitendra Nath Bachar being dead his heirs; 1(a) Bancharam Bachar and another...... Plaintiff-petitioners. Vs. Badhakanta Sardar being dead his he...... hesitation to agree with the judgment and order of the High Court Division. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 127. ......1988 reversing those dated 06.07.1988 of the learned Assistant Judge, Paikgachha, Khulna in Title Suit No.43 of 1984 dismissing the suit. 2. The facts leading to the case, are that the plaintiff instituted Title Suit No.43 of 1984 in the Court of Assistant Judge, Paikgachha, Khulna p..Category: Property Law | Date: | Hits: 22
Md. Tazimuddin and others Vs. Md. Mafizul Islam and others, 2008, 37 CLC (AD)
....ew of the judgment passed by this Court. We find no merit in this review petition which is accordingly dismissed. Ed. This Case is also Reported in: VI ADC (2009) 117. ......ision (Civil) Present: M.M. Ruhul Amin CJ Mohammad Fazlul Karim J Md. Tafazzul Islam J Md. Joynul Abedin J Md. Abdul Matin J Md. Tazimuddin and others……………Petitioners Vs. Md. Mafizul Islam a......ew of the judgment passed by this Court. We find no merit in this review petition which is accordingly dismissed. Ed. This Case is also Reported in: VI ADC (2009) 117. ......3½ acres and two daughters got to the extent of 0.56¾ acre each and they possessed their land. Bhola Sheikh transferred .90 acres form his share by deed dated 21.12.1953 to the plaintiff and Rahimun Nessa, he also transferred 0.23½ acres by registered deed dated 25.11...Category: Property Law | Date: | Hits: 28
Narryan Chandra Das Vs. Sree Joydeb Datta and others, 2008, 37 CLC (AD)
.... cost of Tk. 20,000/- as directed by the High Court Division. With this modification as to cost this petition is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 110. ...... This Case is also Reported in: VI ADC (2009) 110. ...... cost of Tk. 20,000/- as directed by the High Court Division. With this modification as to cost this petition is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 110. ......and decree dated 30.05.1988 passed by the learned Assistant Judge, Phultala, District-Khulna in Title Suit No.21 of 1985. 2. The facts, in short, are that the respondent Nos.1 and 2 as plaintiffs filed title suit on 30.05.1985 being No. 21 of 1985 in the Court of Assistant Judge, Phu..Category: Property Law | Date: | Hits: 26
Abdul Haris Akan Vs. Thana Nirbahi Officer, Sreepur, 2008, 37 CLC (AD)
....ing the prayer of the petitioner. We find no substance in this petition and accordingly the petition is dismissed. Ed. This Case is also Reported in: 17 BLT (AD) (2009) 73. ......Ruhul Amin J Md. Tafazzul Islam Md. Joynul Abedin J Md. Hassan Ameen J Md. Abdul Matin J Abdul Haris Akan being dead his heirs:-1 (Ka) Amena Begum alias Amena and others .........................Petitioners Vs. Upazila/Thana Nirbahi Officer, Sre......ing the prayer of the petitioner. We find no substance in this petition and accordingly the petition is dismissed. Ed. This Case is also Reported in: 17 BLT (AD) (2009) 73. ......7.1997 dismissing the Miscellaneous Case No. 13 of 1996 under Order 41, Rule 19 of the Code of Civil Procedure. 2. The facts, in short, are that the predecessor of the present petitioner, as plaintiff instituted Title Suit No.153 of 1993 in the Court of 2nd Senior Assistant Judge, Sreepur,..Category: Civil Law | Date: | Hits: 85
Government of Bangladesh and another Vs. Mrs. Rawshan Ara Begum and another, 2005, 34 CLC (AD)
.... in our opinion is of no merit. In the background of the discussions made hereinabove we find merit in the appeal. Ed. This Case is also Reported in: 17 BLT (AD) (2009) 65. ......lso Reported in: 17 BLT (AD) (2009) 65. ...... in our opinion is of no merit. In the background of the discussions made hereinabove we find merit in the appeal. Ed. This Case is also Reported in: 17 BLT (AD) (2009) 65. ...... (2000) 20 BLD (AD), 166 it has been held "Thus, section 7 enjoins upon the claimant before the Court of Settlement to prove that the property is not an abandoned property, in a like manner a plaintiff is to prove his case and the Government, like that of a defendant, is under no legal obli..Category: Property Law | Date: | Hits: 29
Abdul Quddus Matabbar Vs. Yousuf Ali Bayati and others, 2005, 34 CLC (AD)
....regarding the findings of the court of appeal on question of fact. Accordingly the appeal is allowed with, costs. Ed. This Case is also Reported in: 17 BLT (AD) (2009) 45. ...... (Civil) Present: Md. Ruhul Amin CJ M. M. Ruhul Amin J Md. Tafazzul Islam J Abdul Quddus Matabbar....................Appellant Vs Yousuf Ali Bayati and others…....Respondents Judgment June 25, 2005. Lawyers Involved: ......regarding the findings of the court of appeal on question of fact. Accordingly the appeal is allowed with, costs. Ed. This Case is also Reported in: 17 BLT (AD) (2009) 45. ......d against the judgment and order dated 23.03.1999 passed by a Single Bench of the High Court Division in Civil Revision No.3194 of 1991 making the Rule absolute. 2. Short facts are that the plaintiffs instituted Title Suit No.59 of 1983 in the Court of Subordinate Judge (now joint Distric..Category: Property Law | Date: | Hits: 28
Gazi Rafiqul Islam @ Manzu Vs. Mosharaf Hossain & others, 2007, 36 CLC (AD)
....ocate-on-Record could not point out any other legal infirmity in the impugned judgment. The Petition is dismissed. Ed. This Case is also Reported in: 17 BLT (AD) (2009) 24. ......ved: A.K.M.Shahidul Huq, Advocate-on-Record-For the Petitioner. Not represented- the Respondents. Civil Petition for leave to Appeal No. 131 of 2006. (From the judgment and order dated 13.07.2005 passed by the High Court Division in Civil Revision No.1162 of 2002) ......ocate-on-Record could not point out any other legal infirmity in the impugned judgment. The Petition is dismissed. Ed. This Case is also Reported in: 17 BLT (AD) (2009) 24. ......leave to appeal is directed against the judgment and order dated 13.07.2005 passed by a Single Bench of the High Court Division in Civil Revision No.1162 of 2002 discharging the Rule. 2. The plaintiffs instituted Title Suit No.77 of 1991 in the Court of Assistant Judge, 4th Additional Cour..Category: Property Law | Date: | Hits: 21
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