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Kulsuma Khatun Vs. Rahman Sobhan, 2007, 36 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: 14 BLC (AD) (2009) 27. ...... Md. Nawab Ali, Advocate-on-Record—For the Petitioners. Not represented—The Respondents. Civil Petition for Leave to Appeal No. 1138 of 2006. (From the judgment and order dated 5-7-2006 passed by the High Court Division in Civil Revision No. 4334 of 1998). ......orrect decision. We therefore find no reason to interfere with the same. The petition is accordingly, dismissed. Ed. This Case is also Reported in: 14 BLC (AD) (2009) 27. ......it land was hillock and full of jungle. Abala Sundari converted the same by expending huge amount of money. Abala Sundari while in possession made an agreement for sale with the predecessor of the plaintiffs with a consideration money of Taka 2500 and she took Taka 2000 as advance and delivered ..Category: Property Law | Date: | Hits: 20
Abu Taher Vs. Bangladesh, 2008, 37 CLC (AD)
....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: 14 BLC (AD) (2009) 19. ...... Ibrahim Khalil, Advocate-on-Record—For Respondent No. 1. Not represented—Respondent No. 2. Civil Petition for Leave to Appeal No. 1527 of 2006. (From the judgment and order dated 15-5-2006 passed by the High Court Division in Writ Petition No. 848(B) of 2002). ......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: 14 BLC (AD) (2009) 19. ......itioner completely failed to establish her claim in the case property and further, the case property was not also sold by its original owner with the prior permission of the government and that the plaintiff also did not file his nationality certificate to the Court of Settlement and further, on ..Category: Property Law | Date: | Hits: 29
Asmat Ali Vs. Alam Miah & others, 2006, 35 CLC (AD)
....ect decision. There is no cogent reason to interfere with the same. Accordingly, the leave petition is dismissed. Ed. This Case is also Reported in: V ADC (2008) 882. ...... Asmat Ali..........................Petitioner Vs. Alam Miah & others ..........Respondents Judgment November 5, 2006. Lawyers Involved: Subhas Chandra Saha, Advocate instructed by Chowdhury Md. Zahangir, Advocate-on-Record-For the Petition......ect decision. There is no cogent reason to interfere with the same. Accordingly, the leave petition is dismissed. Ed. This Case is also Reported in: V ADC (2008) 882. ......ected against the judgment and order dated 11.05.2005 passed by a Single Bench of the High Court Division in Civil Revision No. 366 of 1999 discharging the Rule. 2. Short facts are that the plaintiff instituted Title Suit No. 39 of 1996 in the Court of Assistant Judge, Patharghata, B..Category: Property Law | Date: | Hits: 24
Md. Sonawar Ali Vs. Md. Nonahar Ali alias Monawar Ali , 2006, 35 CLC (AD)
....rence by this Division and further no point of law is also involved in this leave petition. The petition is dismissed. Ed. This Case is also Reported in: V ADC (2008) 869. ......Supreme Court Appellate Division (Civil) Present: Md. Ruhul Amin J Md. Tafazzul Islam J Md. Sonawar Ali being dead his heirs; Md. Mobaswir Ali Chowdhury and others. ...... Petitioners Vs. Md. Nonahar Ali alias Monawar Ali being dead his ......rence by this Division and further no point of law is also involved in this leave petition. The petition is dismissed. Ed. This Case is also Reported in: V ADC (2008) 869. ......, 1984 passed by the learned Munsif (now Assistant Judge), Kulaura, Moulvibazar in Title suit No. 66 of 1983 dismissed the suit. 2. The predecessor of the petitioners namely Sonawer Ali, as plaintiff, filed the above suit (previously Title Suit No. 221 of 1978) seeking declaration of his ..Category: Property Law | Date: | Hits: 23
Md. Tazimuddin and others Vs. Md. Mofizul Islam and others, 2008, 37 CLC (AD)
....e and possession of the plaintiff. We do not find any substance in this petition which is accordingly dismissed. Ed. This Case is also Reported in: V ADC (2008) 854. ......2008) 854. ......e and possession of the plaintiff. We do not find any substance in this petition which is accordingly dismissed. Ed. This Case is also Reported in: V ADC (2008) 854. ......, who are the absolute sharers of the schedule property. 3. Bhula Sheikh, son of Badia Sheikh sold out 90 decimals of land from C.S. Plot No. 1609, 1611 and 1624 of the schedule to the plaintiff and his sister-in-law Rahiman Nessa on 21.12.1953 being sale deed No. 23725 and delivere..Category: Property Law | Date: | Hits: 28
Mongal Sarder Vs. Md. Azahar Ali , 2006, 35 CLC (AD)
....not find any ground to interfere with the judgment of the High Court Division. Accordingly the petition is dismissed. Ed. This Case is also Reported in: V ADC (2008) 822. ...... Supreme Court Appellate Division (Civil) Present: Md. Ruhul Amin J Md. Tafazzul Islam J Mongal Sarder being dead his heirs: Adbur Razzaque Sarder and others ............... Petitioners Vs. Md. Azahar Ali Pk. being dead his heirs: M......not find any ground to interfere with the judgment of the High Court Division. Accordingly the petition is dismissed. Ed. This Case is also Reported in: V ADC (2008) 822. ......auction purchased property on behalf of the landlord, that the landlord settled the 'Ka' schedule land by amalnama along with the other land measuring 17.45 ½ acres of land to the plaintiff No. 28 on 24th Ashar, 1353 B.S., that 51 decimals of land of the suit jote was settled wi..Category: Property Law | Date: | Hits: 25
Faroque Ahmed Vs. Sub. Judge, 2nd Court & Artha Rin Adalat No. 1, Rangpur & ors , 2006, 35 CLC (AD)
....he correct proposition of law discharged the Rule and so no interfere is called for. The petition is dismissed. Ed. This Case is also Referred In: 2007 (XV) BLT (AD) 236. ......irul Kabir Chowdhury J Faroque Ahmed………………………………..Petitioner Vs Subordinate Judge, 2nd Court and Artha Rin Adalat No. 1, Rangpur and others ………………&hell......he correct proposition of law discharged the Rule and so no interfere is called for. The petition is dismissed. Ed. This Case is also Referred In: 2007 (XV) BLT (AD) 236. ......as never served upon her and she never appeared in the suit and her heirs were also not brought on record within the statutory period of limitation and that above facts were not denied by the plaintiff Bank and further the High Court Division did not at all consider that Annexures-B(1) and ..Category: Civil Law | Date: | Hits: 78
Md. Farhat Rahman Vs. Roomee Tareque Moudud, 2005, 34 CLC (AD)
....n merit. The custody of the child shall remain with his mother till disposal of the Rule. There is no order as to costs. Ed. This Case is also Reported In: 2007 (XV) BLT (AD) 193. ......inst the judgment of January 18, 2000 of the High Court Division as to an order of discharge of the Rule for default obtained in Civil Revision No.4256 of 1999 which was filed against the judgment and order dated November 14," 1999 of the Court of Nari-O-shishu Nirjatan Daman Bishesh Adalat......n merit. The custody of the child shall remain with his mother till disposal of the Rule. There is no order as to costs. Ed. This Case is also Reported In: 2007 (XV) BLT (AD) 193. ......e 4th Court of Assistant Judge, Dhaka, in Family Court Suit No.8 of 1995 dismissing the same on contest. 2. The suit was filed seeking custody of the minor child by his father. 3. The plaintiff, father of the minor filed the suit stating, inter alia, that he married the defendant (t..Category: Family Law | Date: | Hits: 173
Sena Kalyan Sangstha Vs. Bangladesh Thai Aluminum Ltd., 2005, 34 CLC (AD)
.... of the discussions made hereinabove we find no substance in the petition. Accordingly the petition is dismissed. Ed. This Case is also Reported in: 2007 (XV) BLT (AD) 172. ......itration Miscellaneous Case No. 645 of 1994 before the 3rd Court of Subordinate Judge impleading the opposite party in the revisional application with the prayer for appointment of sole Arbitrator and the parties to the Miscellaneous case mutually having had agreed sole Arbitrator was appointed ...... of the discussions made hereinabove we find no substance in the petition. Accordingly the petition is dismissed. Ed. This Case is also Reported in: 2007 (XV) BLT (AD) 172. ......said Miscellaneous Case into title suit. The High Court Division further observed since after converting the Miscellaneous case into title suit the petitioner in the Miscellaneous case, figured as plaintiff in the title suit and consequently the title suit being the suit of the plaintiff, the pl..Category: Alternative Dispute Resolution | Date: | Hits: 222
Bangladesh Vs. Mohammad Ali Khondoker, 2007, 36 CLC (AD)
....gent reason to interfere with the same. Accordingly, the leave petition is dismissed. Ed. This Case is also Reported in: 2007 (XV) BLT (AD) 161; V ADC (2008) 245. ......e Respondent. Civil Petition for leave to Appeal No. 884 of 2003. Judgment M. M. Ruhul Amin J.- This petition for leave to appeal is directed against the judgment and order dated 25.02.2003 passed by a Single Bench of the High Court Division in Civil Revision N......gent reason to interfere with the same. Accordingly, the leave petition is dismissed. Ed. This Case is also Reported in: 2007 (XV) BLT (AD) 161; V ADC (2008) 245. ......appeal is directed against the judgment and order dated 25.02.2003 passed by a Single Bench of the High Court Division in Civil Revision No. 1303 of 1995 making the Rule absolute. 2. The plaintiff filed Other Class Suit No.81 of 1990 in the Court of Assistant Judge, Ulipur, District-K..Category: Property Law | Date: | Hits: 32
Bangladesh Vs. Sunil Kumar and others, 2005, 34 CLC (AD)
....d of the discussions made hereinabove we find no substance in the petition. Accordingly the petition is dismissed. Ed. This Case is also Reported in: 2007 (XV) BLT (AD) 142. ...... Amirul Kabir Chowdhury J Government of Bangladesh, represented by the Deputy Commissioner, Bagerhat……………… Petitioner Vs. Sunil Kumar and others…………………..Respondent Judgment ......d of the discussions made hereinabove we find no substance in the petition. Accordingly the petition is dismissed. Ed. This Case is also Reported in: 2007 (XV) BLT (AD) 142. ......ication filed under Order 9, Rule 13 of the Code of Civil Procedure) setting aside the ex parte decree passed in Title Suit No. 50 of 1993 on February 12, 1995. 2. Facts, in short, are that plaintiff-Respondents filed Title Suit No. 50 of 1993 seeking declaration of title in respect of th..Category: Property Law | Date: | Hits: 23
Azad Shahnewaz Vs. Artha Rin Adalat, Dinajpur and others, 2005, 34 CLC (AD)
....f the discussions made herein above we find no substance in the petition. Accordingly the petition is dismissed. Ed. This Case is also Reported in: 2007 (XV) BLT (AD) 77. ......in J M.M. Ruhul Amin J Md. Tafazzul Islam J Azad Shahnewaz……………………Petitioner Vs. Artha Rin Adalat, Dinajpur and others …………....Respondents Judgment October 20, 2005. ......f the discussions made herein above we find no substance in the petition. Accordingly the petition is dismissed. Ed. This Case is also Reported in: 2007 (XV) BLT (AD) 77. ...... contention that inspite of insufficient evidence to establish the genuineness of the signature claimed by the Bank as of the writ-petitioner the Artha Rin Adalat decreed the suit in favour of the plaintiff. 5. The Rule was opposed by the Bank i.e. writ Respondent No.2 stating, inter alia..Category: Civil Law | Date: | Hits: 73
Md. Nasiruddin Vs. Md. Mizanur Rahman, 2007, 36 CLC (AD)
....of the above, we find 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) 789.......ed by Haridas Paul, Advocate-on-Record-For the Petitioners. Md. Mojibur Rahman, Advocate-on-Record-For the Respondent. Civil Petition for Leave to Appeal No. 1300 of 2006. (From the judgment and order dated the 26th February, 2006 passed by the High Court Division in Civil Revision No.1238 ......of the above, we find 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) 789.......ute setting aside the judgment and decree dated 07.03.1998 passed by Senior Assistant Judge and S.C.C. Judge, Sadar, Joypurhat in S.C.C. Suit No.3 of 1998 dismissing the same. 2. The respondent as plaintiff instituted the aforesaid S.C.C. Suit No. 3 of 1998 in the Court of Senior Assistant Judge,..Category: Tenancy Law | Date: | Hits: 151
Mrs. Mohsina Rahman Vs. Abdul Majid, 2008, 37 CLC (AD)
....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: V ADC (2008) 786. ......Advocate-on-Record-For Respondent Nos. 1, 3. A.S.M. Khalequzzaman, Advocate-on-Record-Respondent No. 2. Civil Petition for Leave to Appeal No. 1465 of 2005. (From the judgment and order dated 21.6.2005 passed by the High Court Division in First Appeal No. 87 of 2002). ......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: V ADC (2008) 786. ......e Suit No. 164 of 1998 making the award dated 30.5.1998 of the learned Arbitrator Mr. Justice (Retired) Abdul Bari Sarker, Rule of the Court. 2. Facts, in brief, are that the respondent, as plaintiff, filed Title Suit No. 5 of 1995 in the Court of Subordinate Judge, 3rd Court, Dhaka seeki..Category: Alternative Dispute Resolution | Date: | Hits: 192
Md. Shahanur Rahaman and others Vs. Alhaj Abbas Ali Mondal, 2006, 35 CLC (AD)
....tly dismissed the civil revision warranting no interference by this court. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: V ADC (2008) 772. ......Division (Civil) Present: Syed J. R. Mudassir Husain CJ Mohammad Fazlul Karim J Amirul Kabir Chowdhury J Md. Joynul Abedin J Md. Shahanur Rahaman and others…………Petitioners Vs. Alhaj Abbas Ali Mondal......tly dismissed the civil revision warranting no interference by this court. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: V ADC (2008) 772. ......st Court, Bogra in Small Cause Court Suit No. 1 of 1998 decreeing the suit. 2. Short fact of the case is that one Abbas Ali Mondal, the predecessor in-interest of the respondent Nos. 1-7 as plaintiffs instituted Small Cause Court Suit No.1 of 1998 before the Senior Assistant Judge, First ..Category: Property Law | Date: | Hits: 91
Omar Farooque and another Vs. S.M. Shahabuddin and other, 2006, 35 CLC (AD)
....o interfere with the judgment of the High Court Division sought to be appealed. Accordingly the petition is dismissed. Ed. This Case is also Reported in: V ADC (2008) 765. ......d in: V ADC (2008) 765. ......o interfere with the judgment of the High Court Division sought to be appealed. Accordingly the petition is dismissed. Ed. This Case is also Reported in: V ADC (2008) 765. ......7 decreeing the same. The suit was filed seeking specific performance of contract (September 23, 1974) for sale of land described in the schedule attached to the plaint. It is the case of the plaintiff that the defendant Nos.1 and 2 own the land in suit and they entered into an agreement fo..Category: Civil Law | Date: | Hits: 74
Alhaj Md. Ruhul Amin Sarkar & another Vs. Hargram Trust Board, 2007, 36 CLC (AD)
....tions suit at Tk. 10,000/-. In the background of the aforesaid discussion on awarding cost at Tk. 10,000/-, the petition is dismissed. Ed. This Case is also Reported in: V ADC (2008) 762. ......lso Reported in: V ADC (2008) 762. ......tions suit at Tk. 10,000/-. In the background of the aforesaid discussion on awarding cost at Tk. 10,000/-, the petition is dismissed. Ed. This Case is also Reported in: V ADC (2008) 762. ......e) passed in Other Class Suit No. 58 of 1989 decreeing the same. 3. The suit was filed seeking declaration of title and confirmation of possession in respect of the 'Ka' schedule land. 4. The plaintiffs claimed title in the land in suit being in adverse possession since 1952 and thereupon so..Category: Property Law | Date: | Hits: 39
Mahmuda Haq Vs. Abdul Mannan Miah and others, 2007, 36 CLC (AD)
....ackground of the discussion made hereinabove we find no merit in the petition. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: V ADC (2008) 759. ...... Mahmuda Haq……………………………………………..Petitioner Vs. Abdul Mannan Miah and others……………....Respondents Judgment August 2,......ackground of the discussion made hereinabove we find no merit in the petition. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: V ADC (2008) 759. ......itioned land obtained through the Title Execution Case No. 10 of 1989 are illegal, void, collusive, null and void, fraudulent, inoperative, without jurisdiction, mala fide and not binding upon the plaintiffs. 3. Title Suit No. 26 of 1992 was filed averring, that the land in suit was ..Category: Property Law | Date: | Hits: 25
Bangladesh Bank Vs. A. Latif & Company Limited and another, 2008, 37 CLC (AD)
....n is coming which cannot be entertained at this stage. We find no merit in this petition which is accordingly dismissed. Ed. This Case is also Reported in: V ADC (2008) 753. ...... J Bangladesh Bank…………………………………..........Petitioner Vs. A. Latif & Company Limited and another…………........Respondents Judgment March 27, 20......n is coming which cannot be entertained at this stage. We find no merit in this petition which is accordingly dismissed. Ed. This Case is also Reported in: V ADC (2008) 753. ......t, Dhaka in Title Suit No. 01 of 2000 making an award dated 11.11.1999 passed by the sole arbitrator-defendant-respondent No. 2 rule of the court and decreeing the suit in favour of the first party plaintiff. 2. The facts, in short, are that the 1st party entered into a contract with the ..Category: Business or Commercial Law | Date: | Hits: 129
Nur Nahar Begum Chowdhury and others Vs. Hazi Mostafizur Rahman and others, 2005, 34 CLC (AD)
....terials on record discharged the Rule and accordingly no interference is called for. The appeal is dismissed with costs. Ed. This Case is also Reported in: V ADC (2008) 749. ......(2008) 749. ......terials on record discharged the Rule and accordingly no interference is called for. The appeal is dismissed with costs. Ed. This Case is also Reported in: V ADC (2008) 749. ......er Class Appeal No. 59 of1987 affirming those dated 3.8.1987 passed in Other Suit No.175 of 1978 by the learned Assistant Judge, Sadar, Cox's Bazar decreeing the suit. 2. The respondents, as plaintiffs, instituted the above suit praying for declaration of title and also recovery of posses..Category: Property Law | Date: | Hits: 29
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