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Anu Miah and others Vs. Gauranga Chandra Sharma and others, 2002, 31 CLC (AD)
.... 2. The relevant facts, in brief, are that Debendra Chandra Sharma father of the present respondents instituted the Title Suit No. 448 of 1987 in the Court of Assistant judge, Sadar Comilla for declaration that the kabala described in the schedule 1, 2 and 3 of the plai...... the High Court division. In the result, we find no merit in this appeal and it is dismissed without any order as to cost. Ed. This Case is also Reported in: 1 ADC (2004) 462. ......t respondents instituted the Title Suit No. 448 of 1987 in the Court of Assistant judge, Sadar Comilla for declaration that the kabala described in the schedule 1, 2 and 3 of the plaint are forged, illegal and void etc, and for further declaration of his title to the land descr..Category: Property Law | Date: | Hits: 27
Administrator, Gammon Bangladesh Ltd. Vs. Tota Mia and others, 2002, 31 CLC (AD)
.... leave is directed against the judgment and order dated 3.12.97 passed by the Division Bench of the High Court Division in Civil Rule No. 117(F) of 1993 rejecting the appellants application praying for recalling the order dated 7.2.1996 and restoring the Rule to its original file and number aris......is hardly any ground for allowing the appeal. Accordingly, the appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: 1 ADC (2004) 427. ......he order dated 7.2.1996 and restoring the Rule to its original file and number arising out of F.A.T. No. 176 of 1993 earlier discharged by the High Court Division. 2. The respondent No.1 as plaintiff instituted Money Suit No. 55 of 1987 in the Second Court of Subordinate Judge, Dhaka..Category: Procedural Law | Date: | Hits: 94
Janata Bank Vs. Abdus Salam, 2003, 32 CLC (AD)
....ion Bench of the High Court Division in First Appeal No. 68 of 1998 allowing the appeal in part. 2. The respondent as plaintiff filed Title Suit No. 365 of 1984 in the 2nd Commercial Court, Dhaka for decree for delivery of imported goods or price of the goods amounting to Tk. 4, 81,516.00. mes......udgment and decree dated 4.9.94 passed by the High Court Division in F. A. No. 68 of 1988 is hereby set aside and the suit is dismissed. Ed. This Case is also Reported in: 1 ADC (2004) 406. ...... by leave is against the judgment and order dated 4.9.1994 passed by the Division Bench of the High Court Division in First Appeal No. 68 of 1998 allowing the appeal in part. 2. The respondent as plaintiff filed Title Suit No. 365 of 1984 in the 2nd Commercial Court, Dhaka for decree for deliver..Category: Civil Law | Date: | Hits: 79
Sonali Bank Vs. Md. Sirajul Hoque Chowdhury and others, 2004, 33 CLC (AD)
....3 and 4 (herein respondent Nos.1 and 2). 2. Facts, in short, are that appellant Bank has filed suit, Money Suit No. 7 of 1996, in the Court of Subordinate Judge and Artha Rin Adalat, Jessore for realization of Tk. 39,32,725,92/- (as on 24.6.1996) impleading as many as 7 defendants includin...... 4 as the defendants along with others. Accordingly the appeal is dismissed. There is no order as to costs. Ed. This Case is also Reported in: 1 ADC (2004) 394. ......ze the amount of the Bank draft. 4. The Respondent Nos. 1 and 2 (defendant Nos. 3 and 4) entered appearance in the suit and filed written statement denying the material averments made in the plaint. 5. Thereafter Respondent Nos.1 and 2 filed an application under Order 1, Rule 10 (2..Category: Civil Law | Date: | Hits: 121
Sheikh Ahmed Showdagar and others Vs. Mostafizur Rahman and another, 2002, 31 CLC (AD)
....e further case of the plaintiffs was that there were fellow lands and jungle land adjacent to the pattani land and the pattan holders and their heirs made said excess land, "Gunjaish" fit for cultivation and thereby the pattan holders had been possessing land more than their pattani la......sion made above we do not find merit in this appeal. Accordingly the appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: 1 ADC (2004) 326. ......vision in First Appeal No. 717 of 1991). Judgment Md. Ruhul Amin J. - This appeal by the plaintiffs, by leave, is against the judgment and decree dated August 2, 1994 in First Appeal No. 7..Category: Property Law | Date: | Hits: 24
Md. Shah Alam Vs. Md. Islam and others, 2004, 33 CLC (AD)
....the Suit. 2. Mrs. Fatema Khatun (now dead), the mother of the appellant instituted the above Other Suit No. 247 of 1978, where in the respondent No.1 and the appellant were impleaded as pro forma defendant Nos.1 and 2 respectively. Praying for a declaration that the agreement of compromis......ity in the decision of the High Court Division. Accordingly the appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: 1 ADC (2004) 294. ......her interest had not been affected in any way thereby, stating inter alia that respondent No.1 is her son by her first marriage with one Md. Ishaque; the properties described in the schedule of the plaint belonged to her father Abdul Gani Chowdhury who died leaving Amena Khatun (wife) and her (d..Category: Procedural Law | Date: | Hits: 87
Khurshid Alam and other Vs. Azizur Rahman and others, 2004, 33 CLC (AD)
....inal Revision Nos. 88 and 89 of 1987 and 104 of 1992 discharging the Rules and against the judgment and order dated 12.02.1996 making the Rule absolute in Criminal Revision No.17 of 1987. Petition for leave to appeal No. 233 of 1995 against the judgment and order passed in Criminal Revision No.1......the companies Act that is registered under the companies Act, 1913 to start functioning. Section 21 of the Penal Code defines 'public servant'. There are as many as 12 clauses in that section after amendment by section 2 of Ordinance No. X of 1982, Twelfth clause of the said section 21 (After th......inal revisions were preferred under section 561A of the Code of Criminal procedure for quashing of the proceedings out of which the above criminal revisions arose. Four Criminal Petitions of the complaint were filed before the Chief Metropolitan Magistrate, Dhaka variously under sections 409..Category: Criminal Law | Date: | Hits: 40
Nizam Uddin Mahmood Vs. Abdul Hamid Bhuiyan and another, 2004, 33 CLC (AD)
....ch other the complainant gave a loan of Tk. 60,000,00/- to the accused who assured to reimburse the amount in no time and later issued two cheques in favour of the complainant dated 27.08.2000 one for Tk. 45,000,00/- and another for Tk.15,000,00/- and that the complainant presented the cheques o......ustainable. In this view of the matter we do not find substance in this appeals and the appeal is accordingly dismissed. Ed. This Case is also Reported in: 1 ADC (2004) 273. ......bsolute thereby quashing the proceeding of petition case No. 515 of 2001 under Section 138 of the Negotiable Instrument Act, 1881. 2. The appellant as the complainant filed a petition of complaint under section 138 of the Negotiable Instrument Act, 1881 against the respondent No.1 stating..Category: Business or Commercial Law | Date: | Hits: 138
Dr. M.A. Mazed and others Vs. Bangladesh, represented by the Solicitor, 2003, 32 CLC (AD)
....dure, 1898 (Act No. V of 1898); section 417 (3) The 'special limitation' as has been provided in section 417 (3) of Cr. P. C is applicable in a case where a complainant intends to file an appeal before the High Court Division against order of acquittal passed in a case registered upon a petition ......al. In the background of the discussions made hereinbefore we find no merit in this appeal. Accordingly the appeal is dismissed. Ed. This Case is also Reported in: 1 ADC (2004) 261. ......n 417 (3) of Cr. P. C is applicable in a case where a complainant intends to file an appeal before the High Court Division against order of acquittal passed in a case registered upon a petition of complaint. A case registered upon lodging of an Ejaher in a police station and culminating in filing of..Category: Criminal Law | Date: | Hits: 109
Additional Deputy Commissioner (Rev) Dhaka & others Vs. Mst. Farhad Begum & ors, 2004, 33 CLC (AD)
....e died leaving the plaintiffs as his heirs the plaintiffs had been possessing the suit land by erecting huts there on through their own men suit land never belonged to any non Bengali and therefore the question of the suit land being abandoned property does not arise some people hav......ent and order dated 18.5.1999 passed by the High Court Division in F.A. No. 74 of 1998 is set aside and the suit is dismissed. Ed. This Case is also Reported in: 1 ADC (2004) 256. ......79; Mujibul Hoque after getting possession of the suit land mutated his name and continued to possess the suit land on payment of rent to the Government and while in possession he died leaving the plaintiffs as his heirs the plaintiffs had been possessing the suit land by erecting huts there on ..Category: Property Law | Date: | Hits: 29
Md. Golam Rasul Vs. Chan Mohammad, 2003, 32 CLC (AD)
....o the plaintiff on December 1, 1977. Plaintiff's Cases is that land in suit is of plot No.1063 (old plot No.1330) as des scribed in the 'kha' schedule. The plaintiff out of the said land has prayed for recovery of possession of 4½ decimals of land possessed by the defendant, responden......ff is entitled to 13 decimals of land to which his vendor Ishaque was entitled and further held that the suit was not maintainable since no prayer for partition was made upon making necessary amendment of the plaint suitable to a suit for partition as was directed by the appellate cour......ion in Civil Revision No. 577 of 1991). Judgment Md. Ruhul Amin J.- This appeal, by leave, is by the plaintiff against the judgment and order dated February 19, 1998 of a Single Bench of the High Cou..Category: Property Law | Date: | Hits: 46
Afsar Uddin Sarker Vs. Md. Aftabuddin & others, 2002, 31 CLC (AD)
....ding to this appeal are that the said wakf estate was established since time immemorial and was being managed well by the then Managing Committee till 1980. Thereafter a new Managing committee was formed with the petitioner appellant as the member secretary of the committee. The wakf administrat......ment of the said wakf estate. But we find that the provision of sub-section 5 of section 34 of the Wakf Ordinance, 1962 empowers and authoress legally the wakf administrator to make necessary amendment/change or variation of the "scheme" which also can be called "bye-law......uq. For the reasons and discussions made above, we find no merits in this appeal and accordingly it is dismissed, with costs. Ed. This Case is also Reported in: 1 ADC (2004) 215. ..Category: Trust/Waqf Law | Date: | Hits: 200
Narayan Chandra Sarker Vs. Abdur Rahman, 2001, 30 CLC (AD)
.... No. 2092 of 1992) Judgment Mahmudul Amin Choudhury CJ.- This application is taken up for hearing to day but the Respondent filed an application praying for returning the plaint of...... prayed for. In view of the aforesaid submission the appeal is, accordingly disposed of without any order as to costs. Ed. This Case is also Reported in: 1 ADC (2004) 197. ......; Mahmudul Amin Choudhury CJ.- This application is taken up for hearing to day but the Respondent filed an application praying for returning the plaint of S.C.C Suit No. 2 of 1989 in the Court of Senior Assistant Judge, Sadar, Dinajpur on the g..Category: Procedural Law | Date: | Hits: 95
Government of Bangladesh and ors. Vs. Sree Sree Luxmi Janardhan Jew Thakur & ors, 2000, 29 CLC (AD)
....27 of 1992 making the rule absolute. 2. M/S Hardeo Glass, Aluminum, Enamel and Silicate Works is situated in the disputed land and premises and as the owners of the said factory and premises left for India, the same was declared as enmity property by notification dated 6.10.1965 and the same was......ide. In the result both the appeals are allowed without any order as to cost and impugned judgment of the High Court Division is set aside. Ed. This Case is also Reported in: 1 ADC (2004) 149.......s and in the compromise decree passed in Title Suit No.36 of 1955 of the 6th Court of Munsif, Dhaka on 11.8.1958 on the basis of a petition of compromise filed by the writ petitioner respondents as plaintiffs and previous owners of the said factory as defendants the previous owner were admitted ..Category: Tenancy Law | Date: | Hits: 148
Government of Bangladesh Vs. Shamsuddin Ahmed, 2003, 32 CLC (AD)
....egal. The government appellant's Title Appeal No. 230 of 1980 was dismissed on 11-12-85. The respondent was not allowed to resume his duties. He instituted a miscellaneous case in the trial court for a proceeding for contempt of court whereupon the Government asked him to withdraw the said cas......wing arrear salary to the respondent is affirmed and the order allowing pro forma promotion to him is disallowed. Ed. This Case is also Reported in: 1 ADC (2004) 144. ......ent. It was not done on the basis of the reasoning's given by the trial Court but on the basis of a persuasive opinion of the Ministry of Law. The trial court did not set aside the order removing the plaintiff respondent from service. It is the Government which by the order of reinstatement dated 15..Category: Administrative Law | Date: | Hits: 138
Md. Sirajuddin Vs. Mohibunessa and others, 2002, 31 CLC (AD)
....s been granted by this division on 1.12.94 to consider as to whether the learned single judge of the High Court division was justified or not in affirming the order of rejection of application for amendment of the plaint filed under Order 6 Rule 17 of the Code of Civil Procedure in Other Cla......en granted by this division on 1.12.94 to consider as to whether the learned single judge of the High Court division was justified or not in affirming the order of rejection of application for amendment of the plaint filed under Order 6 Rule 17 of the Code of Civil Procedure in Other Class S......s division on 1.12.94 to consider as to whether the learned single judge of the High Court division was justified or not in affirming the order of rejection of application for amendment of the plaint filed under Order 6 Rule 17 of the Code of Civil Procedure in Other Class Suit No.10 of 198..Category: Property Law | Date: | Hits: 23
Abdul Hai and others Vs. Atar Islam and others, 2004, 33 CLC (AD)
.... 24.05.1992 passed by the learned Assistant Judge, Comilla Sadar, in Miscellaneous Case No. 35 of 1990. 2. Short fact are that the plaintiff-respondent field Title Suit No. 263 of 1986 for declaration of title and confirmation of possession and for permanent injunction on the a......egal infirmity in the judgment of the High Court Division. The appeal is accordingly dismissed without any order as to costs. Ed. This Case is also Reported in: 1 ADC (2004) 107. ......ppeal No. 85 of 1992 reversing the judgment and order dated 24.05.1992 passed by the learned Assistant Judge, Comilla Sadar, in Miscellaneous Case No. 35 of 1990. 2. Short fact are that the plaintiff-respondent field Title Suit No. 263 of 1986 for declaration of title and confir..Category: Procedural Law | Date: | Hits: 84
Raushan Akhter @ Moharaji Bibi and others Vs. Khandakar Mosharraf Hossian & Ors, 2004, 33 CLC (AD)
....in Preemption Miscellaneous Case No.28 of 1985. 2. The facts leading to the present appeal briefly are that the respondent No.1 as pre-emptor filed the above pre-emption case No. 28 of 1985 for preempting the land described in the schedule to the plaint on the allegations, inter alia, th......appellants for the ground on which the leave was granted this appeal is accordingly dismissed without any order as to costs. Ed. This Case is also Reported in: 1 ADC (2004) 100. ...... The facts leading to the present appeal briefly are that the respondent No.1 as pre-emptor filed the above pre-emption case No. 28 of 1985 for preempting the land described in the schedule to the plaint on the allegations, inter alia, that one Abdul Gafur was the owner of the land of the case j..Category: Property Law | Date: | Hits: 30
Shahabuddin Chisti Vs. Rajdhani Unnayan Katripakhya and another, 2008, 37 CLC (AD)
....nt District Judge, 1st Court, Dhaka in Title Suit No. 99 of 1999 decreeing the same. 2. The facts of the case, in short, are that the plaintiff appellant instituted Title Suit No.99 of 1999 for declaration that the suit property is his personal property and that the suit property is not ......ned Counsel for the appellant. Accordingly, the appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: 61 DLR (AD) (2009), 73; VI ADC (2009) 271. ......e judgment and decree dated 20.02.2003 passed by the Joint District Judge, 1st Court, Dhaka in Title Suit No. 99 of 1999 decreeing the same. 2. The facts of the case, in short, are that the plaintiff appellant instituted Title Suit No.99 of 1999 for declaration that the suit property is h..Category: Property Law | Date: | Hits: 40
M. Tofazzal Ahmed Vs. Jashim Uddin Haydar Faruque, 2007, 36 CLC (AD)
....tructed by Mahmuda Begum, Advocate-on-Record-For the Petitioner. Abdul Momen Chowdhury, Advocate, instructed by Md. Aftab Hossain, Advocate-on-Record-For the Respondent. Civil Petition for Leave to Appeal No. 550 of 2006. (From the judgment and order dated 30th August, 2006 p......ate for the petitioner deserve no consideration. Accordingly, the petition is dismissed without any order as to costs. Ed. This Case is also Reported in: VI ADC (2009) 250. ......aqf Administrator initial case will be started as miscellaneous appeal in the Court of District Judge, miscellaneous appeal under Section 50 of Waqf Ordinance which memo of appeal any be treated as plaint of the case because which narrated the facts and as well as grounds of the case and the lea..Category: Trust/Waqf Law | Date: | Hits: 210
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