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Karuna Enterprise Vs. Joint District Judge, Artha-Rin-Adalat, Narayangonj & Ors., 2007, 36 CLC (AD)
....Nurul Islam Bhuyian, Advocate-on-Record-For the Petitioner. Abdun Nur, Advocate-on-Record- For the Respondent No.2. Not represented- For Respondent Nos.1 & 3. Civil Petition for Leave to Appeal No. 742 of 2004. (From the judgment dated March 10, 2004 passed by a Div......sion has committed no error of law in its judgment calling for interference by this Division. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: ......2 (order No.47 dated 28.11.2002) of the Court of Joint District Judge and Artha Rin Adalat, Narayangonj in Artha Rin Mortgage Suit No.35 of 1999 rejecting the application seeking direction upon the plaintiff to produce certain papers. 2. The suit was filed for realization of ..Category: Civil Law | Date: | Hits: 91
Bhaja Krishna Barman and others Vs. Sree Raghunath Chandra Barman, 2007, 36 CLC (AD)
....aintiffs claimed the land in suit as heirs of Ramhari Kasya. It is the case of the plaintiffs that the land in suit belonged to Ramhari Kasya in his raiyati right and he mortgaged the land in suit for 4 years and the said mortgage was a usufructuary one and after expiry of the said period of mor...... background of the discussion made hereinabove we find merit in the appeal. Accordingly, the appeal is allowed without any order as to costs. Ed. This Case is also Reported in: ......Judge), Joypurhat in Other Class Suit No.16 of 1986 dismissing the same. 2. The suit was filed seeking declaration of title in respect of the land described in the schedule attached to the plaint. 3. The plaintiffs claimed the land in suit as heirs of Ramhari Kasya. It is the cas..Category: Property Law | Date: | Hits: 28
GM, (East) BD Railway (C.R.B.), Chittagong & ors Vs. Md. Ferozur Rahman & anr, 2009, 38 CLC (AD)
....ed Mahbubar Rahman, Advocate-on-Record-For the Petitioners. Chowdhury Md. Zahangir, Advocate-on-Record-For Respondent No.1. Not Represented-For Respondent No. 2. Civil Petition for Leave to Appeal No. 381 of 2007. (From the judgment and order dated 18.10.2006 passed by......n and dismissed the appeal. We therefore find no reason to interfere with the same. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 528. ......the judgment and decree dated 15.1.1998 passed by the learned Subordinate Judge, 1st Court, Dhaka in Title Suit No.14 of 1991 dismissing the suit. 2. The short fact is that the respondent as plaintiff filed Title Suit No.14 of 1991 in the Court of Subordinate Judge, 1st Court, Dhaka for a ..Category: Civil Law | Date: | Hits: 150
Ranjit Kumar Bal and another Vs. Gopal Chandra Bal and others, 2008, 37 CLC (AD)
....s Judgment October 13, 2008. Lawyers Involved: Syed Mahbubar Rahman, Advocate-on-Record-For the Petitioners. Not represented-the Respondents. Civil Petition for Leave to Appeal No.1026 of 2007. (From the judgment and order dated 22.3.2007 passed by ......ity 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) 525. ...... of 93 dismissing the appeal filed against those of dated 31.10.92 of the learned Subordinate Judge (now Joint District Judge), Jhalakati passed in Title Suit No.49 of 1990 declaring that the plaintiffs have no right title and interest in the suit land. 2. Facts, in brief, are that ..Category: Property Law | Date: | Hits: 74
Md. Abdul Jabbar Sarder Vs. Assistant Custodian, Enemy Property, Pabna and others, 2009, 38 CLC (AD)
....ed: Muhammad Nawab Ali, Advocate-on-record-For the Petitioner. Not represented- the Respondent. Civil Petition for Leave to Appeal No.1789 of 2007. (From the judgment and order dated 15th I May, 2006 pas......e materials on record discharged the Rule. There is no cogent reason to interfere with the same. The petition is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 522. ......p; 2. Short facts as placed before the High Court Division are that the plaintiff instituted Other Class Suit No.121 of 1974 in the Court of Subordinate Judge (now Joint D..Category: Property Law | Date: | Hits: 24
Government of Bangladesh Vs. Enamul Huque and others, 2008, 37 CLC (AD)
....Lawyers Involved: Sayeeda Afsar Jahan, instructed by B. Hossain, Deputy Attorney General, Advocate-on-Record-For the Petitioner. Not represented- the Respondents. Civil Petition for Leave to Appeal No. 248 of 2007. (From the judgment and order dated 6th and 7th August 2......here 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) 519. ......of the learned Subordinate Judge (now Joint District Judge), Nawabganj passed in Other Class Suit No.69 of 1982 decreeing the suit. 2. Facts, in brief, are that the respondent No.1, as plaintiff, instituted the above suit on the averments that he is the rightful owner of the suit pro..Category: Property Law | Date: | Hits: 26
Kohinoor Chowdhury Vs. Sree Kamada Ranjan Bhattacharja and others, 2008, 37 CLC (AD)
....d by Mrs. Sufia Khatun, Advocate-on-Record-For the Petitioner Chowdhury Md. Zahangir, Advocate-on-Record-For Respondent No.1. Not represented-Respondent Nos. 2-4 Civil Petition for Leave to Appeal No. 275 of 2008. (From the judgment and order dated 24.9. 2007 passed b......ere 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) 488. ......earned Assistant Judge, Sreemongal, Moulvibazar in Title Suit No.79 of 1998 rejecting the petitioner's application under Order 7 Rule 11 of the Code of Civil Procedure praying for rejection of plaint. 2. The respondent No.1, as plaintiff, instituted the above Title Suit No.79 of ..Category: Procedural Law | Date: | Hits: 66
Nurjahan Begum Vs. Nur Rahman and other, 2008, 37 CLC (AD)
....e-on-Record-For the Petitioner. Mahmudul Islam, Senior Advocate, instructed by Aftab Hossain, Advocate-on-Record-For Respondent Nos. 1-3. Not represented-Respondent Nos. 4-18. Civil Petition for Leave to Appeal No. 245 of 2007. (From the judgment and order dated 28.8.2006 passed by the H......ct decision and there 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) 469.......ngpur in Other Appeal No.5 of 2003 affirming those of dated 24.9.2002 passed by the Joint District Judge Court No.1, Rangpur in Other Suit No. 30 of 1997 dismissing the suit. 2. The petitioner, as plaintiff filed the above Other Suit No.30 of 1997 for partition of an area of 4.70 acres of land ..Category: Property Law | Date: | Hits: 42
Samsuddin Nakib and others Vs. Syed Fakruddin Ahmed and others, 2008, 37 CLC (AD)
....Petitioners. Abdul Quayum, Senior Advocate, instructed by Syed Mahbubur Rahman, Advocate-on-Record-For Respondent No.1. Not represented-Respondent Nos. 2-21. Civil Petition for Leave to Appeal No. 598 of 2006. (From the judgment and order dated 30.6.2004 passed by ......y or infirmity in the decision of the High Court Division so as to call for any interference. 7. The petition is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 464. ......Judge), First Court, Barisal passed in Title Suit No.13 of 1980 decreeing the suit. 2. The predecessor of the petitioner Nos.1-19 as well as the predecessors of the respondent Nos. 8-21, as plaintiffs, filed above Title Suit No.13 of 1980 seeking partition of 'Ka' scheduled land and also ..Category: Property Law | Date: | Hits: 34
Ferastullah Sarder Vs. Md. Mobarak Ali Gazi and others, 2008, 37 CLC (AD)
.... Abdul Jabber, Advocate, instructed by Md. Nawab Ali, Advocate-on-Record-For Respondent No.1 (In both the cases). Not represented- Respondent No. 2 (In both the cases). Civil Petition for Leave to Appeal Nos. 868 and 869 of 2007. ......t finding which calls for no interference by this Court. We find no merit in these petitions which are accordingly dismissed. Ed. This Case is also Reported in: VI ADC (2009) 456. ...... decreeing the suit. 2. The facts, in short, are that Ferastullah predecessor of the petitioners as plaintiffs instituted a Title Suit No.56 of 1991 in the court of the learned Assistant Judge Koyra..Category: Property Law | Date: | Hits: 22
Md. Ershad Ali @ Hajee Ershad Ali Vs. Hajee Ashid Ali and others, 1994, 23 CLC (AD)
....igh Court Division in Civil Revision No. 2114 of 1990, discharging the Rule. 2. The respondents as plaintiffs filed Title Suit No. 193 of 1987 in the Court of Assistant Judge, Sadar, Sylhet for declaration of an easement right over the suit pathway, confirmation of possession an......filed an application for temporary injunction and the trial Court by order dated 31-10-87 directed the parties to maintain status quo. On 3-12-87, the trial Court allowed the plaintiffs' prayer for amendment of the plaint after paragraph 4 of the plaint in the following terms, as prayed for:- ......lant is from the judgment and order dated 17-2-93 passed by a learned Single Judge of the High Court Division in Civil Revision No. 2114 of 1990, discharging the Rule. 2. The respondents as plaintiffs filed Title Suit No. 193 of 1987 in the Court of Assistant Judge, Sadar, Sylhet for decl..Category: Procedural Law | Date: | Hits: 64
Md. Nazir Hossain Khan and another Vs. Md. Mujal Mollah, 1998, 27 CLC (AD)
....rhat in Other Class Suit No. 36 of 1985, dismissing the suit. 2. The plaintiff-respondent Md. Mujal Mollah (substituted by his heirs and successors since his death) instituted the suit for a declaration that four kabalas are null and void and not binding upon him. He averred that the......fore in allowing the appeal without any order as to costs. The lower appellate Court's judgment and decree are restored. Ed. This Case is also Reported in: II ADC (2005) 822. ......dismissing the appeal preferred from the judgment and decree dated 30-7-85 passed by the learned Subordinate Judge, Joypurhat in Other Class Suit No. 36 of 1985, dismissing the suit. 2. The plaintiff-respondent Md. Mujal Mollah (substituted by his heirs and successors since his death..Category: Property Law | Date: | Hits: 34
Md. Shahjahan Vs. Azizur Rahman and others, 2004, 33 CLC (AD)
.... proceeding of G. R. Case No. 3997/84 corresponding to Motijheel RS. Case No. 84(9) 84 so far present appellant is concerned. Ed. This Case is also Reported in: II ADC (2005) 801. ...... proceeding of G. R. Case No. 3997/84 corresponding to Motijheel RS. Case No. 84(9) 84 so far present appellant is concerned. Ed. This Case is also Reported in: II ADC (2005) 801. ...... proceeding of G. R. Case No. 3997/84 corresponding to Motijheel RS. Case No. 84(9) 84 so far present appellant is concerned. Ed. This Case is also Reported in: II ADC (2005) 801. ..Category: Criminal Law | Date: | Hits: 38
Md. Abu Daud Sarder Vs. State and another, 2002, 31 CLC (AD)
...., by the accused is against the judgment and order of June 14, 1998 passed by a Bench of the High Court Division in Criminal Miscellaneous Case No. 160 of 1995. The High Court Division by the aforesaid order discharged the Rule. The Rule was obtained upon an application filed under section ......ne, in that case court would be quite competent to take steps as per law to start criminal proceeding against the appellant. Ed. This Case is also Reported in: II ADC (2005) 784. ......R. Case No. 95 of 1994 of the Court of Magistrate, First Class, Satkhira under sections 465, 468 and 419 of the Penal Code. 2. The aforesaid C.R. Case was started upon a petition of complaint filed by respondent No. 2 alleging, inter alia, that in connection with the dispute relatin..Category: Criminal Law | Date: | Hits: 50
Md. Nurul Haque Biswas Vs. Colonel (Rtd) Dr. Ruknul Islam Chowdhury and another, 2008, 37 CLC (AD)
....ey Alam, Senior Advocate (J.N. Deb Advocate with him) instructed by A.K.M. Shahidul Huq, Advocate-on-Record-For Respondent No. 1 Not represented- Respondent No. 2. Criminal Petition for Leave to Appeal No. 61 of 2007. (From the judgment and order dated 30.3.2006 passed by th......here 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) 449. ......d till 16.9.2004 the loss accumulated to the tune of Tk.1,90,000/-. 3. The learned Magistrate on examining the petitioner under section 200 of the Code of Criminal Procedure sent the complaint for judicial inquiry and on completion of the judicial inquiry, cognizance was taken an..Category: Criminal Law | Date: | Hits: 47
Dr. Md. Abdul Jalil Sarder Vs. Selina Akhter, 2008, 37 CLC (AD)
.... 2008. Lawyers involved: Md. Zahedul Bari, Advocate, instructed by Md. Nawab Ali, Advocate-on-Record-For the Petitioner. Not represented-the Respondent. Civil Petition for Leave to Appeal No. 585 of 2006. (From the judgment and order dated 02.02.2006 passed by ...... 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) 427. ......ve to appeal is directed against the judgment and order dated 02.02.2006 passed by the High Court Division in Civil Revision No.2196 of 1990 discharging the Rule. 2. Short facts are that the plaintiff instituted Other Class Suit No.45 of 1986 in the Court of Assistant Judge, Gaibandha..Category: Family Law | Date: | Hits: 169
Samsuddin Nakib and others Vs. Syed Fakruddin Ahmed and others, 2008, 37 CLC (AD)
....itioners. Abdul Quayum, Senior Advocate, instructed by Syed Mahbubur Rahman, Advocate-on-Record-For Respondent No. 1. Not represented-Respondent Nos. 2-21 Civil Petition for Leave to Appeal No. 598 of 2006. (From the judgment and order dated 30.6.2004 passed by t......ality or 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) 424. ......t Judge), First Court, Barisal passed in Title Suit No.13 of 1980 decreeing the suit. 2. The predecessor of the petitioner Nos.1-19 as well as the predecessors of the respondent Nos.8-21, as plaintiffs, filed above Title Suit No.13 of 1980 seeking partition of Ka scheduled land and also se..Category: Property Law | Date: | Hits: 33
Jamira Khatun and others Vs. Md. Fazlul Karim and others, 2008, 37 CLC (AD)
....p; Huq, Advocate-on-Record-For the Petitioners. Aftab Hossain, Advocate-on-Record-For the Respondent Nos.1-6. Not Represented- Respondent Nos.7-17. Civil Petition for Leave to Appeal No. 492 of 2007. (From the judgment and order dated the 8th day of Februa......sed in that suit can not be declared as set aside since the plaintiffs were aware of the judgment of the case dated 05.08.1970, moreover, the suit is barred by limitation; that subsequently by two amendment petitions the said Nazibullah amended his written statement twice, by the first amendment......ing those dated 19.10.1999 passed by the Senior Assistant Judge, Additional Court, Sadar, Sylhet in Title Suit No. 50 of 1997 dismissing the suit. 2. The short facts of the case are that the plaintiffs instituted Title Suit No. 216 of 1985 in the First Court of Munsif, Sylhet Sadar, Sylhe..Category: Property Law | Date: | Hits: 31
Banka Bihar Mondal Vs. Md. Tufazzel Sardar & others, 2008, 37 CLC (AD)
.... Lawyers Involved: Abdus Salam Mondal, Advocate, instructed by Md. Aftab Hossain, Advocate-on-Record-For the Petitioner Not represented-For the Respondents Civil Petition for Leave to Appeal No.623 of 2006. (From the judgment and order dated 7.2.2006 passed by th......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) 416. ...... of the High Court Division in Civil Revision No. 1401 of 1990 making the rule absolute. 2. The short fact leading to the filing of the leave petition is that the respondent Nos. 1 and 2 as plaintiffs tiled Title Suit No. 394 of 1984 in the court of Munsif, Sadar Court, Satkhira for a dec..Category: Property Law | Date: | Hits: 23
M.S. Zaman alias Sukur Mahmud & another Vs. Kazimuddin Feraji & others, 2008, 37 CLC (AD)
....eraji & others…........Respondents Judgment January 9, 2008. Lawyers Involved: Md. Nawab Ali, Advocate-on-Record-For the Petitioners Respondents-Not represented Civil Petition for Leave to Appeal No.452 of 2006. (From the judgment and order dated 11.04.2006 passed by the H......vision 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) 414, 19 BLT (AD) (2011)137....... is directed against the judgment and order dated 11.04.2006 passed by the High Court Division in Civil order No. 5531 of 2004 summarily rejecting the revisional application. 2. This case of the plaintiff, in short, is that Radha Ramon Saha was the original owner of the suit land. He died leavi..Category: Property Law | Date: | Hits: 29
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