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Md. Asadul Haque and others Vs. Md. Anisuzzaman and others, 2007, 36 CLC (AD)

.... 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: 14 MLR (AD) (2009) 111. ...... 111. ...... 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: 14 MLR (AD) (2009) 111. ......ossession of the suit land till disposal of the Title Suit No.13 of 2005 pending in the Court of Joint District judge, 2nd Court, Satkhira. 2. Brief facts are that the respondent Nos.1-5; as plaintiffs, preferred Title Suit No. 12 of 2004 before the First Court of Joint District Judge, Sat..

Category: Property Law | Date: | Hits: 27

Abdul Wadud & others Vs. Abdul Wahed & others, 2007, 36 CLC (AD)

....cogent ground to interfere with the same.      Accordingly, the petition is dismissed. Ed. This Case is also Reported in: 14 MLR (AD) (2009) 106. ......tructed by Nurul Islam Bhuiya, Advocate-on-Record- For the Petitioners. Not represented-the Respondents. Civil Petition for Leave to Appeal No. 251 of 2006. (From the judgment and order dated 16.11.2005 passed by the High Court Division in Civil Revision No.983 of 2000.) ......cogent ground to interfere with the same.      Accordingly, the petition is dismissed. Ed. This Case is also Reported in: 14 MLR (AD) (2009) 106. ......eave to appeal is directed against the judgment and order dated 16.11.2005 passed by a Single Bench of the High Court Division in Civil Revision No. 983 of 2000 discharging the Rule. 2. The plaintiffs instituted Title Suit No. 41 of 1983 in the 1st Court of Subordinate Judge (now Joint Di..

Category: Property Law | Date: | Hits: 21

Sheikh Abul Hossain and others Vs. Khulna Development Authority , 2007, 36 CLC (AD)

....to allow or reject the appli­cation of the petitioner. We find no merit in this petition which is accordingly dismissed. Ed. This Case is also Reported in: VI ADC (2009) 79. ......se is also Reported in: VI ADC (2009) 79. ......to allow or reject the appli­cation of the petitioner. We find no merit in this petition which is accordingly dismissed. Ed. This Case is also Reported in: VI ADC (2009) 79. ...... 1990 affirming those dated 31.03.1990 passed by the learned Assistant Judge, Khulna in Title Suit No. 28 of 1989 decreeing the suit. 2. The facts, in short, are that the petition­ers as plaintiffs instituted the Title Suit No. 28 of 1989 in the Court of learned Assistant judge, Khulna..

Category: Property Law | Date: | Hits: 26

Mostafa Kamal Vs. Md. Nasir Ahmed and others, 2008, 37 CLC (AD)

.... In view of the above, we find no merit in the appeal. Accordingly, the appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: VI ADC (2009) 54. ......ppellate Division (Civil) Present: Mohammad Fazlul Karim CJ Md. Joynul Abedin J Mostafa Kamal..........................Appellant Vs. Md. Nasir Ahmed and others. ......Respondents Judgment May 27, 2008. Case Referred To- ...... In view of the above, we find no merit in the appeal. Accordingly, the appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: VI ADC (2009) 54. ......998 reversing those dated 28.07.1998 of the Assistant Judge, Borhanuddin Upazila Bhola, in Title Suit No.53 of 1994 decree­ing the suit. 2. The facts of the case, in short, are that the plaintiff-respondent Nos.1-3 filed Title Suit No. 53 of 1994 stating, inter alia, that 718 acre of l..

Category: Property Law | Date: | Hits: 23

State Bank of India Vs. Saudi-Bangladesh Industrial and Investment Co. Ltd. & anr, 2008, 37 CLC (AD)

....ting aside the impugned judgment and decree pass­ing in F.A.T. No.358 of 1999 dated 14.06.1999 by the High Court Division. Ed. This Case is also Reported in: VI ADC (2009) 37. ...... (Civil) Present: Mohammad Fazlul Karim J Md. Joynul Abedin J Md. Hassan Ameen J State Bank of India.......Appellant Vs. Saudi-Bangladesh Industrial and Investment Co. Ltd. and another………Respondents Judgment June ......ting aside the impugned judgment and decree pass­ing in F.A.T. No.358 of 1999 dated 14.06.1999 by the High Court Division. Ed. This Case is also Reported in: VI ADC (2009) 37. ......respondents submitted that the respondents SABINCO and its Managing Director filed F.A.T.No.511 of 1999 against the decree of the Artha Rin Adalat impleading as many as 6 respon­dents including plaintiff-SBI, borrower-Tulip and the guarantors of the loan but the present appeal has been filed ..

Category: Banking Law | Date: | Hits: 96

Dulal Mridha Vs. State, 2008, 37 CLC (AD)

....nt for life. The condemned prisoner be placed with the convicts who are undergoing sentence of imprisonment for life. Ed. This Case is also Reported in: V ADC (2008) 1001. ...... 43 DLR (AD) 234; 43 DLR (AD) 234; Delhi Judicial Service Ass., Delhi vs. State of Gujrat, AIR 1991 SC 2176; Union Carbide Corpn. Vs. Union of India, AIR 1992 Sc 248; Mohammed Anis Vs. Union of India and others 1994 Supplementary (1) Supreme Court Cases 145; M/S. Gannysons Ltd. and another Vs. Sonal......nt for life. The condemned prisoner be placed with the convicts who are undergoing sentence of imprisonment for life. Ed. This Case is also Reported in: V ADC (2008) 1001. ......similar question came up for consideration before this Court in the case of M/S. Gannysons Ltd. and another Vs. Sonali Bank and others reported in 37 DLR (AD) 42. In that case the appellant was not a plaintiff and therefore the Court of first instance could not have given the declaration in favour G..

Category: Criminal Law | Date: | Hits: 62

Ayub Ali Vs. Ali Akbor @ Khoda Boksha & others, 2007, 36 CLC (AD)

....y Court. Accordingly, the High Court Division refused to accept the same and in our view rightly. The petition is dismissed. Ed. This Case is also Reported in: V ADC (2008) 999. ......ate instructed by Mohammad Nawab Ali, Advocate-on-Record-For the Petitioner. Not represented- the Respondents. Petition for Leave to Appeal No. 210 of 2006. (From the judgment and order dated 07.12.2005 passed by the High Court Division in Civil Revision No.3090 of 2001.) ......y Court. Accordingly, the High Court Division refused to accept the same and in our view rightly. The petition is dismissed. Ed. This Case is also Reported in: V ADC (2008) 999. ......eave to appeal is directed against the judgment and order dated 07.12.2005 passed by a Single Bench of the High Court Division in Civil Revision No. 3090 of 2001 discharging the Rule. 2. The plaintiff instituted Title Suit No.147 of 1998 in the Court of Senior Assistant Judge, Additional C..

Category: Property Law | Date: | Hits: 22

Director & Secretary, Ministry of Establishment & ors Vs. Md. Hossain & ors., 2006, 35 CLC (AD)

.... find merit in the appeal. Accordingly the appeal is allowed without any order as to costs. Ed. This Case is also Reported in: 14 MLR (AD) (2009) 62; 26 BLD (AD) 2006, 241. ......n: 14 MLR (AD) (2009) 62; 26 BLD (AD) 2006, 241. ...... find merit in the appeal. Accordingly the appeal is allowed without any order as to costs. Ed. This Case is also Reported in: 14 MLR (AD) (2009) 62; 26 BLD (AD) 2006, 241. ......eversing the judgment and decree dated August 31, 1999 of the 4th Court of Senior Assistant Judge, Dhaka in Title Suit No. 37 of 1999 decreeing the same. The trial Court by the decree declared the plaintiff would get benevolent fund and group insurance benefit under the Government and Autonomous..

Category: Employment/Service Law | Date: | Hits: 82

Misbah Abedin Vs. Muzmmil Ali and others, 2007, 36 CLC (AD)

.... no substance in the submissions of the learned Counsel for the petitioner. Accordingly, the petition is dis­missed. Ed. This Case is also Reported in: V ADC (2008) 970. ...... Fazlul Karim J Md.Tafazzul Islam J Md. Joynul Abedin J Md. Hassan Ameen J Md. Abdul Matin J Misbah Abedin..........Petitioner Vs. Muzmmil Ali and others…...... Respondents Judgment November15, 2007. Lawyers Inv...... no substance in the submissions of the learned Counsel for the petitioner. Accordingly, the petition is dis­missed. Ed. This Case is also Reported in: V ADC (2008) 970. ...... Judge, 3rd Court, Sylhet in Title Appeal No.10 of 2000 affirming those dated 18.11.1999 of the learned Subordinate Judge, 3rd Court, Sylhet in Title Suit No. 195 of 1994. 2. The case of the plaintiff is that the owner of the disputed plot Nos. 1642 and 1643 along with one Haji Abdur Raqu..

Category: Property Law | Date: | Hits: 29

Nezma Khatun Chowdhury Vs. Abdul Khaleque, 2003, 32 CLC (AD)

.... High Court Division. For the above reasons, we find no merit in the appeal. Accordingly, this appeal is dismissed with costs. Ed. This Case is also Reported in: V ADC (2008) 954. ......, Advocate-on-Record-For the Appellant. Aynuddin, Advocate, instructed by Ataur Rahman, Advocate-on-Record-For the Respondent. Civil Appeal No. 27 of 2001. (From the judgment and order dated 22nd July, 1999 passed by the High Court  Division in Civil Revision No.1637 ...... High Court Division. For the above reasons, we find no merit in the appeal. Accordingly, this appeal is dismissed with costs. Ed. This Case is also Reported in: V ADC (2008) 954. ......roved by the Municipality (Exhibit-2), the High Court Division committed an error in reversing the judgment of the learned S.C.C Judge holding that no ground of bonafide requirement was made by the plaintiff. 6. Aynuddin, the learned Advocate appearing for the respondent in support of the ..

Category: Property Law | Date: | Hits: 32

Fazor Ali Vs. Md. Marfat Ali and others, 2007, 36 CLC (AD)

.... 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: V ADC (2008) 952. ...... Present: Md. Joynul Abedin J Md. Abdul Matin J Fazor Ali being dead his heirs: 1. Mst. Jahura Khatun & others ….......Petitioners Vs. Md. Marfat Ali and others ……………………….......Responden...... 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: V ADC (2008) 952. ......irected against the judgment and order dated 12.04.2006 passed by a Single Bench of the High Court Division in Civil Revision No. 4389 of 2002 discharging the Rule. 2. The respondent No.1 as plaintiff filed Other Class Suit No. 180 of 1996 in the court of the learned Senior Assistant Judg..

Category: Property Law | Date: | Hits: 24

Sree Santash Kumar Sarker and another Vs. Sree Shanker Chandra Mondal and others, 2007, 36 CLC (AD)

....he submissions of the learned Advocate for the petitioners has got no merit and accordingly, the same is dismissed. Ed. This Case is also Reported in: V ADC (2008) 948. ...... Division (Civil) Present: Mohammad Fazlul Karim J Md. Joynul Abedin J Md. Hassan Ameen J Sree Santash Kumar Sarker and another………………...... Petitioners Vs. ......he submissions of the learned Advocate for the petitioners has got no merit and accordingly, the same is dismissed. Ed. This Case is also Reported in: V ADC (2008) 948. ......                Md. Hassan Ameen J.- This petition for leave to appeal, at the instance of peti­tioner (defendant-plaintiff opposite-parties),is directed against the order dated 30th January, 2006 passed by a Div..

Category: Property Law | Date: | Hits: 26

Palash Kumar Saha and another Vs. Santosh Chandra Roy and others, 2007, 36 CLC (AD)

....ved at a correct decision. We therefore find no interference with the same. Accordingly, the petition is dis­missed. Ed. This Case is also Reported in: V ADC (2008) 944. ......44. ......ved at a correct decision. We therefore find no interference with the same. Accordingly, the petition is dis­missed. Ed. This Case is also Reported in: V ADC (2008) 944. ......l is directed against the judgment and order dated 25.10.2005 passed by a Division Bench of the High Court Division in Civil Revision No. 243 of 1987 discharging the rule. 2. The case of the plaintiff, in short, is that the suit jama appertains 25 decimals of land originally belonged to B..

Category: Property Law | Date: | Hits: 23

AH Md. Ali Haider Quoraishi Vs. Shaheen Quoraishi and others, 2007, 36 CLC (AD)

....9 that defendant No.1 was secretly trying to dispose of the suit property behind his back and in order to protect the suit property he filed the suit on 16-8-1979 for the aforesaid declaration. ......d JR Mudassir Husain CJ Mohammad Fazlul Karim J Amirul K Chowdhury J Md Joynul Abedin J AH Md. Ali Haider Quoraishi......Appellant Vs. Shaheen Quoraishi and others......Respondents Judgment January 16, 2007. The Code of Civil Proc......9 that defendant No.1 was secretly trying to dispose of the suit property behind his back and in order to protect the suit property he filed the suit on 16-8-1979 for the aforesaid declaration. ......dment of the plaint with prayer to adduce additional evidence because such amendment is necessary for determining the real question of controversy between the parties, giving an opportunity to the plaintiff to substantiate his claim. (26 and 27) Judgment of Amirul Kabir Chowdhury J. givin..

Category: Procedural Law | Date: | Hits: 173

Md. Shahabuddin Vs. Manager-in-Charge, Abika, Narayangonj Titas Gas, T & D Co. Ltd., 2007, 36 CLC (AD)

....illegality 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: 14 MLR (AD) (2009) 40. ......Amin CJ MM Ruhul Amin J Md. Tafazzul Islam J Md. Abdul Matin J Md. Shahabuddin...............Petitioner Vs. Manager-in-Charge, Abika, Narayangonj Titas Gas, T & D Co. Ltd. and others .............. Respondents Judgment October 30, 2007. Result: The petition ......illegality 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: 14 MLR (AD) (2009) 40. ......leave to appeal has arisen out of the judgment and order dated 17.5.2007 of the High Court Division passed in Civil Revision No.720 of 2007 vacating the order of stay. 2. Brief facts are that the plaintiff/petitioner, who is the Managing Director of Jalkuti Textile Dying and printing Pvt. Limite..

Category: Civil Law | Date: | Hits: 120

Shamima Akhtar Vs. Md. Tofazzal Hussain and others, 2007, 36 CLC (AD)

.... disposed of on merit. In view of the discussion made above, the review petition is dismissed.    Ed. This Case is also Reported in: 14 MLR (AD) (2009) 38. ......Husain CJ Mohammad Fazlul Karim J Amirul Kabir Chowdhury J Md. Joynul Abedin J Shamima Akhtar.........................Petitioner Vs. Md. Tofazzal Hussain and others ...........Respondents Judgment January 31, 2007. Lawyers Involve...... disposed of on merit. In view of the discussion made above, the review petition is dismissed.    Ed. This Case is also Reported in: 14 MLR (AD) (2009) 38. ......ks review of the judgment and order dated 19.03.2006 passed by this Court in Civil Petition for Leave to Appeal No.1196 of 2003 dismissing the said petition. 2. The respondent Nos.1 to 5 as plaintiffs instituted Title Suit No. 86 of 1992 for declaration of title and khas possession which ..

Category: Property Law | Date: | Hits: 26

Shahid Hamid Vs. Nilufar Momtaz, 2008, 37 CLC (AD)

....any error of law or infirmity in the decision of the High Court Division. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: 14 MLR (AD) (2009) 33. ......n, Advocate-on-Record-For the Petitioner. Chowdhury Md. Zahangir, Advocate-on-Record- For the Respondent. Civil Petition for Leave to Appeal No.1357 of 2008. (From the Judgment and Order dated 1st June, 2008 passed by the High Court Division in Civil Order No.2080 of 2008.) ......any error of law or infirmity in the decision of the High Court Division. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: 14 MLR (AD) (2009) 33. ......dated 1st June, 2008 passed by the High Court Division in Civil Order No. 2080 of 2008 summarily rejecting the application. 2. Short facts are that the opposite party of this application as plaintiff instituted Family Suit No. 185 of 2006 in the Court of 2nd Assistant Judge and Family Cou..

Category: Family Law | Date: | Hits: 188

Government of Bangladesh Vs. Sultan Ahmed and ors., 2006, 35 CLC (AD)

....nd of the discussions made hereinabove we find no merit in the petition. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: 14 BLC (AD) (2009) 47. ...... Ruhul Amin J     MM Ruhul Amin J Md Tafazzul Islam J Government of the People's Republic of Bangladesh, represen­ted by the Deputy Commissioner, Feni and anr………………………Petitioners Vs......nd of the discussions made hereinabove we find no merit in the petition. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: 14 BLC (AD) (2009) 47. ......2. The suit was filed seeking declaration of title and for khas possession upon removing the structures in the land in suit. 3. The suit was filed averring that the land in suit belonged to plaintiff's predecessor and that after the death of his father plaintiff and others inherited the l..

Category: Property Law | Date: | Hits: 25

Daliluddin Sheikh and others Vs. Alek Sheikh alias Abdul Malek Sheikh and others, 2008, 37 CLC (AD)

....e hereinbefore we find no substance in the petition for leave to appeal. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: 14 BLC (AD) (2009) 32. ...... Appellate Division (Civil) Present: Md Ruhul Amin CJ  MM Ruhul Amin J    Md Abdul Matin J    Daliluddin Sheikh and others.........................Petitioners Vs Alek Sheikh alias Abdul Malek Sheik......e hereinbefore we find no substance in the petition for leave to appeal. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: 14 BLC (AD) (2009) 32. ...... 3. The suit was filed seeking declaration of title, confirmation of possession and for partition of the land described in the schedule attached to the plaint. 4. It was the case of the plaintiff that the 'Ka' and 'Kha' schedule land belonged to Faizuddin, father of the plaintiff Nos..

Category: Property Law | Date: | Hits: 32

Probir Kumar Rakshit Vs. Abdus Sabur & others, 2008, 37 CLC (AD)

....fore, erratic and perverse. The appeal is accordingly allowed without any order as to costs. Ed. This Case is also Reported in: 14 BLC (AD) (2009) 28; 29 BLD (AD) 2009, 43. ......Advocate, instructed by Md. Nawab Ali, Advocate-on-Record—For Respondent No.1. Not Represented—Respondent Nos. 2-8. Civil Appeal No.150 of 2004. (From the judgment and order dated 5-5-2003 passed by the High Court Division in Civil Revision No. 2305 of 1997). ......fore, erratic and perverse. The appeal is accordingly allowed without any order as to costs. Ed. This Case is also Reported in: 14 BLC (AD) (2009) 28; 29 BLD (AD) 2009, 43. ......t by setting aside the judgment and decree passed by the appellate Court below and affirming the judgment and decree passed by the trial Court. 2. Relevant facts are that respondent No.1 as plaintiff filed Title Suit No.106 of 1992 before the Assistant Judge, Kaliakoir, Dhaka for declarat..

Category: Property Law | Date: | Hits: 42