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Towfiqul Islam & ors Vs. S.M. Mohiuddin, Officer-in-charge, Motijheel, Dhaka & ors 2007, 36 CLC (AD)
.... consideration of the submissions of the learned counsel it appears petitioners seek rehearing of the matter which is not permissible in law. There is therefore no cogent reason for considering the prayer for review. Accordingly, the petition is dismissed. Ed. This Case is also......nt named Flora Restaurant and Sweetmeat in the said land after her nickname "Flora". Monowara Islam could not run the said restaurant, as such, the same was rented to the respondent No. 4 for one year at a rent of Tk.350/-on daily basis and accordingly a written agreement was executed a......in law. There is therefore no cogent reason for considering the prayer for review. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: V ADC (2008) 434. ......in law. There is therefore no cogent reason for considering the prayer for review. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: V ADC (2008) 434. ..Category: Criminal Law | Date: | Hits: 32
Government of Bangladesh Vs. Md. Abdus Salam, 2006, 35 CLC (AD)
....ry injunction restraining the defendants from creating disturbance with their peaceful possession in the suit land or evicting the plaintiffs therefrom. The defendant-petitioners opposed the above prayer for temporary injunction by filing a written objection denying plaintiffs possession in the ......Involved: A. H. M. Mushfiqur Rahman, Deputy Attorney General, instructed by B. Hossain, Advocate-on-Record-For the Petitioners. Not represented-the Respondent. Civil Petition for Leave to Appeal No. 824 of2004 (From the judgment and order dated 13th July, 2002 passed......we find no cogent reason to interfere with the judgment passed by the High Court Division. The petition is dismissed. Ed. This Case is also Reported in: V ADC (2008) 424. ......we find no cogent reason to interfere with the judgment passed by the High Court Division. The petition is dismissed. Ed. This Case is also Reported in: V ADC (2008) 424. ..Category: Property Law | Date: | Hits: 28
Anti-Corruption Commissioner Vs. Fazlur Rahman and others, 2008, 37 CLC (AD)
....11/2007 (Annexure A to A4 to the writ petition respectively). 2. Against the aforesaid order of the High Court Division, the petitioner has filed Civil Petition for leave to appeal with the prayer for staying the order of the High Court Division dated November 18, 2007. 3. We have ......din, Advocate (appeared with the leave of the Court), instructed by Toufique Hossain, Advocate-on-record-For Respondent No. 1 Not represented-Respondent Nos. 2-6. Civil Petition for Leave to Appeal No. 54 of 2008 (From the order dated 18th November, 2007 passed by the H...... so advised, may take step disposal of the Rule expeditiously. The Petition for leave to Appeal is accordingly, disposed of. Ed. This Case is also Reported in: V ADC (2008) 411. ...... so advised, may take step disposal of the Rule expeditiously. The Petition for leave to Appeal is accordingly, disposed of. Ed. This Case is also Reported in: V ADC (2008) 411. ..Category: Others | Date: | Hits: 75
Khairunnessa Vs. Syed Mainul Haq and others, 2005, 34 CLC (AD)
....at defendant's purchase from Serajuddin is quite legal. 3. At one stage of the suit a certain Khairunnessa filed an application under Order 1, rule 10 of the Code of Civil Procedure with the prayer for being added as defendant in the suit contending that she has right, title and interest i......ioner. AY Moshiuzzaman, Advocate, instructed by Md. Nawab Ali, Advocate-on-Record—For the Respondent Nos. 1-4. Not represented—Respondent Nos. 5-7. Civil Petition for Leave to Appeal No. 572 of 2004. (From the Judgment and Order dated October 28, 2003 pas......d of the discussion made hereinabove we find no substance in the petition. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: 12 BLC (AD) (2007) 82. ......d of the discussion made hereinabove we find no substance in the petition. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: 12 BLC (AD) (2007) 82. ..Category: Property Law | Date: | Hits: 33
KM Zahirul Haque Vs. Shahida Khanam and others, 2006, 35 CLC (AD)
....s under section 39, since it is covered by the expression "any person against whom a written instrument is void or voidable .... may sue to have it adjudged void or voidable. But if a further prayer is included in the suit that by the void instrument the plaintiff's right has not been affec...... Ahmed sold the property so obtained by lease to Mrs. Anowara Begum (plaintiff's vendor) on July 25, 1981 and she entered into an agreement with the plaintiff on July 13, 1987 to sell the property for a consideration of Taka 50,000 and upon receiving Taka 45,000 out of the total consideration mo......ons 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: 12 BLC (AD) (2007) 65. ......ons 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: 12 BLC (AD) (2007) 65. ..Category: Property Law | Date: | Hits: 31
Manirunnessa Khanam and another Vs. Syed Madassir Ali and another, 2006, 35 CLC (AD)
....ed 11-5-2003. The above Civil Revision No. 14 of 1992 was filed against the judgment dated 26-10-1991 passed by the learned District Judge, Sylhet in Miscellaneous Case No.72 of 1982 rejecting the prayer of the petitioner for local investigation and also against the judgment dated 6-11-1991 by w......KM Shahidul Huq, Advocate-on-Record-For the Petitioners. Nurul Islam Bhuiyan, Advocate-on-Record - For Respondent No.1. Not represented—Respondent No. 2. Civil Petition for Leave to Appeal No. 193 of 2005 (From the judgment and order dated 26th July, 2004 passe......ived at the correct decision and there is no cogent reason to interfere with the same. The petition is dismissed. Ed. This Case is also Reported in: 12 BLC (AD)(2007) 25. ......ived at the correct decision and there is no cogent reason to interfere with the same. The petition is dismissed. Ed. This Case is also Reported in: 12 BLC (AD)(2007) 25. ..Category: Trust/Waqf Law | Date: | Hits: 199
Abu Asad Bhuiyan and others Vs. Abu Taher Bhuiyan and others, 2006, 35 CLC (AD)
....ve asked for consequential relief that was not done". This Court further observed", In view of the clear proviso to section 42 of the Specific Relief Act there is no hesitation in saying that without prayer for consequential relief such suit should not be maintained. The High Court Division and the ......taining the copy of the SA and RS record came to know about the preparation of the said records in respect of the land in suit wrongly in the name of the defendant Nos.1-9 predecessor. Hence the suit for declaration of title simpliciter. 3. The suit was contested by the defendant Nos.1-9 by filin...... the discussions made hereinabove we find merit in the appeal. Accordingly, the appeal is allowed with costs. Ed. This Case is also Reported in: 12 BLC (AD)(2007) 9, 17 MLR (AD) (2012) 61. ...... the discussions made hereinabove we find merit in the appeal. Accordingly, the appeal is allowed with costs. Ed. This Case is also Reported in: 12 BLC (AD)(2007) 9, 17 MLR (AD) (2012) 61. ..Category: Property Law | Date: | Hits: 33
Mohammad Hossain Mollah and other Vs. Md. Ishaque Mollah and another, 2006, 35 CLC (AD)
....tting aside the judgment and decree dated May 24, 2001 of the Court of Assistant Judge, Faridganj, Chandpur. The learned Assistant Judge by the aforesaid judgment decreed the suit i.e. allowed the prayer for pre-emption sought under the Muslim law. The appellate Court upon allowing the appeal se...... Judgment August 22, 2006. Lawyers Involved: Syed Mahbubar Rahman, Advocate-on-Record-For the Petitioners. Not represented-the Respondents. Civil Petition for Leave to Appeal No. 709 of 2005. (From the Judgment and Order dated April 26, 2005 passe...... the High Court Division of the kind calling for interference by this Division. Accordingly the petition is dismissed. Ed. This Case is also Reported in: V ADC (2008) 318. ...... the High Court Division of the kind calling for interference by this Division. Accordingly the petition is dismissed. Ed. This Case is also Reported in: V ADC (2008) 318. ..Category: Property Law | Date: | Hits: 25
Digandra Chandra Pandith Vs. Abdur Razzaque and another, 2006, 35 CLC (AD)
....995. It is also the case of the pre-emptor that he is a co-sharer of the holding land of which has been transferred by the opposite party No. 2 and that the pre-emptee is a stranger. 3. The prayer for pre-emption was opposed by the opposite party No. 1 i.e. the pre-emptee contending that......dents Judgment October 15, 2006. Lawyers Involved: Md. Nawab Ali, Advocate-on-Record-For the Petitioner. Not represented- the Respondent. Civil Petition for Leave to Appeal No. 1084 of 2005. (From the Judgment and Order dated March 27, 2005 pass......ute. 8. In that state of the matter we find no substance in the petition. Accordingly the petition is dismissed. Ed. This Case is also Reported in: V ADC (2008) 307 ......ute. 8. In that state of the matter we find no substance in the petition. Accordingly the petition is dismissed. Ed. This Case is also Reported in: V ADC (2008) 307 ..Category: Property Law | Date: | Hits: 20
Mosharraf Hossain and others Vs. Md. Shahid Ali, 2006, 35 CLC (AD)
....t and order dated January 15, 1984 of the Court of Munsif (now Assistant Judge), Nawabganj in Miscellaneous Case No. 84 of 1980 was set aside. The trial Court by the aforesaid judgment allowed the prayer for pre-emption sought under section 96 of the State Acquisition and Tenancy Act, 1950.......ondent Judgment April 24, 2006. Lawyers Involved: Md. Nawab Ali, Advocate-on-Record-For the Petitioners. Not represented- the Respondent. Civil Petition for Leave to Appeal No. 1284 of 2004. (From the Judgment and Order dated January 17, 2004 pa......ound of the discussions made herein above we find no substance in the petition. Accordingly the petition is dismissed. Ed. This Case is also Reported in: V ADC (2008) 296. ......ound of the discussions made herein above we find no substance in the petition. Accordingly the petition is dismissed. Ed. This Case is also Reported in: V ADC (2008) 296. ..Category: Property Law | Date: | Hits: 23
Md. Shahidur Islam and others Vs. Md. Habibur Rahman and others, 2007, 36 CLC (AD)
....of the impugned deed upon the defendant and the same is liable to be set aside. That it transpires from the plaint that the suit is for "dalil rad o khash dakhaler mokoddoma” and in the prayer portion (ka)……………………..Bangla&...... the Petitioners. Mahbubey Alam, Senior Advocate, instructed by Sufia Khatun, Advocate-on-Record-For Respondent Nos. 1-20. Not Represented - Respondent No. 21. Civil Petition for Leave to Appeal No. 950 of 2005. (From the judgment and decree dated the 4th July, 2005 ...... the submissions of the learned Advocate for the petitioner. Accordingly, the petition for leave to appeal is dismissed. Ed. This Case is also Reported in: V ADC (2008) 289. ...... the submissions of the learned Advocate for the petitioner. Accordingly, the petition for leave to appeal is dismissed. Ed. This Case is also Reported in: V ADC (2008) 289. ..Category: Property Law | Date: | Hits: 24
Matiar Rahman Vs. Assist Custodian of Enemy Property Lands & Buildings, Bakerganj, 2007, 36 CLC (AD)
....review as in Order 47 Rule 1 of the Code of Civil Procedure. In that view of the matter in our view the High Court Division was in error in maintaining the order of the appellate Court allowing the prayer for review for re-hearing of the appeal. The law relating to review and the time tested...... 2. The Appeal was filed against the judgment and order dated June 29, 1982 of the 1st Court of Additional District Judge, Bakerganj in Miscellaneous Case No. 5 of 1980 allowing the same. The aforesaid miscellaneous case was registered upon an application filed under Order 47 Rule 1 of ......ade hereinabove we find merit in the appeal. 26. Accordingly, the appeal is allowed without any order as to costs. Ed. The Case is also Reported in: IV ADC (2007) 991. ......ade hereinabove we find merit in the appeal. 26. Accordingly, the appeal is allowed without any order as to costs. Ed. The Case is also Reported in: IV ADC (2007) 991. ..Category: Property Law | Date: | Hits: 34
Dr. Hafizur Rahman and another Vs. State, 2007, 36 CLC (AD)
....of the informant opposite-party No.2 is still to be tried after examination of the witnesses and in view of the facts and circumstances of the case, we are of the opinion that entertainment of the prayer seeking quashing of the proceeding at the stage will be stifling the proceeding since t......ed: Khondker Mahbubuddin Ahmed, Senior Advocate, represented by Md. Zahirul Islam, Advocate-on-Record-For the Petitioners. Not represented- the Respondents. Criminal Petition for Leave to Appeal No. 178 of 2004. (From the judgment and order dated 17-01-2004 passed by......y;stance in this petition and find no other alternative but to dismiss the same. In the result, the petition is dismissed. Ed. This Case is also Reported in: V ADC (2008) 258. ......y;stance in this petition and find no other alternative but to dismiss the same. In the result, the petition is dismissed. Ed. This Case is also Reported in: V ADC (2008) 258. ..Category: Criminal Law | Date: | Hits: 42
Wali Miah Sodagor Jame Masjid and Madrasha Vs. Abdul Hoque and others, 2007, 36 CLC (AD)
....aying the order allowing amendment; that the proposed amendment of the plaint shall not cause any change in the cause of action or schedule of the property, or period of limitation or the prayer in the plaint and the High Court Division erred in issuing rule and staying the order allow....... R. Khoshnabish, Advocate-on-Record-For the Petitioner. Mahmuda Begum, Advocate-on-Record-For Respondent Nos. 1 and 2. None represented- For Respondent No. 3. Civil Petition for Leave to Appeal No. 1415 of 2005. (From the order dated the 31 st August, 2005 passed by......ach the High Court Division for early disposal of the Rule, if they so desire. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: V ADC (2008) 234. ......ach the High Court Division for early disposal of the Rule, if they so desire. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: V ADC (2008) 234. ..Category: Property Law | Date: | Hits: 35
Hazera Begum Vs. Artha Rin Adalat and others, 2007, 36 CLC (AD)
....loan. The suit was decreed ex-parte on August 16, 1990. The respondent No.2 put the decree into execution by filing Money Execution Case No.2 of 1991 and at one stage filed an application with the prayer for making an order for civil imprisonment of the defendant judgment-debtors including the a......le. 2. Short facts are that respondent No.2, Agrani Bank Ltd., filed Money Suit No. 44 of 1990 impleading the appellant and 3 others as defendants, of them the appellant was defendant No.4, for realization of Tk. 51,93,553/- as outstanding loan. The suit was decreed ex-parte on August 16,......igh Court Division is therefore erratic and perverse. The appeal is therefore allowed but without any order as to costs. Ed. This Case is also Reported in: V ADC (2008) 220. ......igh Court Division is therefore erratic and perverse. The appeal is therefore allowed but without any order as to costs. Ed. This Case is also Reported in: V ADC (2008) 220. ..Category: Civil Law | Date: | Hits: 111
Bangladesh Vs. Kopil Das, 2007, 36 CLC (AD)
....anob kollan kutub mahal” library on September 1, 2002. The writ-petitioner claiming to be the successor-in-interest of Kiron Behari Das filed an application to the Ministry of Land with .the prayer for de-requisition of the house in question. The Ministry of Land sent the said petition to ......Involved: Zainul Abedin, Advocate-on-Record-For the Petitioners. J. N. Deb, Advocate, instructed by A. K.M. Shahidul Huq, Advocate-on-Record-For the Respondent. Civil Petition for Leave to Appeal No. 378 of 2007. (From the Judgment and Order dated December 4, 2005 pas......ground of the discussion made hereinabove we find no substance in the petition. Accordingly the petition is dismissed. Ed. This Case is also Reported in: V ADC (2008) 214. ......ground of the discussion made hereinabove we find no substance in the petition. Accordingly the petition is dismissed. Ed. This Case is also Reported in: V ADC (2008) 214. ..Category: Property Law | Date: | Hits: 28
Serajul Hoque Majumder Vs. Bachchu Mia Mojumder and others, 2006, 35 CLC (AD)
....osession of the land in suit. 5. It may be mentioned the Miscellaneous Case No. 6 of 1984 was filed on Februay 26, 1984 to pre-empt the transfer that took place on February 20, 1982 and the prayer for pre-emption was allowed on June 29, 1987. 6. The suit was filed stating that the ......ul Islam Bhuiyan, Advocate-on-Record - For the Petitioner. Md. Nawab Ali, Advocate-on-Record - Respondent Nos. 1-8. Not Represented – Respondent Nos. 9 -73. Civil Petition for leave to appeal No.630 of 2005 (From the judgement and order dated 13.1. 2004 passed by t......of the discussions made hereinbefore we find no substance in the petition. Accordingly the petition if, dismissed. Ed. The Case is also Reported in: IV ADC (2007) 967. ......of the discussions made hereinbefore we find no substance in the petition. Accordingly the petition if, dismissed. Ed. The Case is also Reported in: IV ADC (2007) 967. ..Category: Property Law | Date: | Hits: 23
Golam Sarwar and others Vs. Mst. Anwara Begum and others, 2006, 35 CLC (AD)
....us Appeal No. 7 of 2004 affirming the order dated January 1, 2004 of the 2nd Court of Joint District Judge, Sylhet in Title Suit No. 237 of 2003. The trial Court by the aforesaid order allowed the prayer for temporary injunction made by the plaintiffs and by the self same order rejected the pray......ondents Judgment November 05, 2006. Lawyers Involved: Md. Nawab Ali, Advocate-on-Record-For the Petitioners. Not represented–the Respondents. Civil Petition for Leave to Appeal No.1149 of 2005. (From the Judgment and Order dated March 30, 2005 passed......of the kind in the judgment of the High Court Division calling for interference. Accordingly the petition is dismissed. Ed. This Case is also Reported in: IV ADC (2007) 961. ......of the kind in the judgment of the High Court Division calling for interference. Accordingly the petition is dismissed. Ed. This Case is also Reported in: IV ADC (2007) 961. ..Category: Property Law | Date: | Hits: 29
Md. Tajul Islam Vs. Bangladesh, 2006, 35 CLC (AD)
....f money in the said business. From the Deputy Commissioner, the petitioner obtained a licence for the above-mentioned Brick Field in 1995 for a period of 5 years. Thereafter, in the year 2000, on prayer of the petitioner his licence was renewed for further period of 5 years being valid till 03-0......Md. Nurul Islam Chowdhury, Advocate-on-Record - For the Petitioner. A. J. Mohammad Ali, Attorney General, instructed by Zainal Abedin, Advocate-on-Record - For the Respondents. Civil Petition for Leave to Appeal No. 185 of 2006. (From the judgment and order dated 05-01- 2006 passed by the......h the findings and decisions arrived at by the High Court Division. This petition merits no consideration. Accordingly, it is dismissed. Ed. The Case is also Reported in: IV ADC (2007) 944. ......h the findings and decisions arrived at by the High Court Division. This petition merits no consideration. Accordingly, it is dismissed. Ed. The Case is also Reported in: IV ADC (2007) 944. ..Category: Environmental Law | Date: | Hits: 517
Ali and Brothers & Marquis Pump Marketing and another Vs. Pedrollo NK Ltd. & ors, 2006, 35 CLC (AD)
....he appeal was filed against the order dated November 1, 2003 (Order No. 19 dated 1.11.2003) of the 2nd Court of Additional District Judge, Chittagong in Civil (Title) Suit No.2 of 2003 allowing the prayer for temporary injunction upon rejecting the application filed under Order XXXIX, Rule 4 read...... by Chowdhury Md. Zahangir, Advocate-on-Record - For the Petitioners J. B. M. Hasan, Advocate, instructed by A.S.M. Khalequzzaman, Advocate-on-Record - For the Respondents Civil Petition for Leave to Appeal No. 1252 of 2004. (From the Judgment and Order dated June 23, 2004 passed...... the judgments while disposing of the application for temporary injunction. Accordingly the petition is dismissed. Ed. The Case is also Reported in: IV ADC (2007) 934. ...... the judgments while disposing of the application for temporary injunction. Accordingly the petition is dismissed. Ed. The Case is also Reported in: IV ADC (2007) 934. ..Category: Intellectual Property Law | Date: | Hits: 201
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