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MA Sattar and others Vs. State, 2008, 37 CLC (AD)
....ppeal No. 1131 of 1993 dismissing the appeal with modification of sentence from simple imprisonment of seven years to a sentence of fine of Taka 10,000 each, in default, to suffer Simple Imprisonment for 2 (two) years each and maintaining the confiscation of plot Nos. 49A, 49B and 49C within Karwan ...... Civil Appeal No. 596 of 2001 is allowed without any order as to cost. Ed. This Case is also Reported in: 14 BLC (AD) (2009) 74; VI ADC (2009) 157; 29 BLD (AD) 2009, 36; 14 MLR (AD) (2009) 168. ...... Civil Appeal No. 596 of 2001 is allowed without any order as to cost. Ed. This Case is also Reported in: 14 BLC (AD) (2009) 74; VI ADC (2009) 157; 29 BLD (AD) 2009, 36; 14 MLR (AD) (2009) 168. ..Category: Anti-Corruption Laws | Date: | Hits: 294
Md. Asadul Haque and others Vs. Md. Anisuzzaman and others, 2007, 36 CLC (AD)
....; Mahbubey Alam, Senior Advocate, instructed by Md. Aftab Hossain, Advocate-on-Record- For Respondent Nos. 1-5. Not represented-Respondent Nos. 6-65. Civil Petition for Leave to Appeal No. 96 of 2006. (From the judgment and order dated 14.12.2005 passed by ...... 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)
....s Involved: Muhammad Nazrul Islam, Senior Advocate, instructed 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......ed Title Appeal No. 229 of 1998 in the Court of District Judge, Dhaka and in the appeal, the plaintiffs filed an application on 04.11.1999 under Order VI Rule 17 of the Code of Civil Procedure for amendment of the plaint stating, inter alia, that the contesting defendant Nos.9-17 disp......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
Most. Buri Begum and others Vs. S.M. Abdul Malek and another, 2007, 36 CLC (AD)
....: Md. Nawab Ali, Advocate-on-Record-For the Petitioners. Md. Aftab Hossain, Advocate-on-Record-For Respondent No.1. Not represented-Respondent No. 2. Criminal Petition for Leave to Appeal No.104 of 2005. (From the judgment and order dated 25-10-2004 passed by ......has got no merit. Accordingly, the same is dismissed. More so, this petition is barred by limitation by 30 days. Ed. This Case is also Reported in: VI ADC (2009) 86. ......and of the 1st party respondent and restraining the petitioners from entering into the case land. 2. The case of the respondent No.1 (complainant) is that he filed a petition of complaint under Section 145 of the Code of Criminal Procedure before the Magistrate, 1st Class, Tangai..Category: Civil Law | Date: | Hits: 92
Sheikh Abul Hossain and others Vs. Khulna Development Authority , 2007, 36 CLC (AD)
.... A.K.M. Shahidul Huq, Advocate-on-Record- For the Petitioners. Chowdhury Md. Zahangir, Advocate-on-Record-For the Respondents. Not represented-Respondent No. 2. Civil Petition for Leave to Appeal No.1547 of 2006. (From the judgment and order dated 05.01.2006 passed b......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
Md. Harun-Or-Rashid Vs. Bangladesh, 2008, 37 CLC (AD)
.... tenant in the property in question and shifted to Dhaka with the members of his family and started living at 23/13 Block-F, Joint Quarter, P. S: Mohammadpur, Dhaka. Thereafter, the appellant was informed in 1976 by his relative Abdul Barek Howlader that one A.F.M. Abdul Jobbar, respondent No. 3 e......llant hopelessly failed to prove his case, so there being no substance the appeal is accordingly dismissed without any order as to cost. Ed. This Case is also Reported in: VI ADC (2009) 58. ......n the Court of Assistant Judge, First Court, Bogra against the appellant and others for setting aside the ex parte decree passed in Title Suit No.793 of 1983. The learned Assistant Judge returned the plaint of the suit by order dated 12-06-1989. Then an appeal being Other Appeal No. 107 of 1989 was ..Category: Tenancy Law | Date: | Hits: 155
Mostafa Kamal Vs. Md. Nasir Ahmed and others, 2008, 37 CLC (AD)
....nt Nos. 1 and 3-7 that while dispute arose between Keramat Ali and the plaintiffs, predecessor Mojibul Haque, Mojibul Haque filed a case in the Court of Sub-Divisional Magistrate with a prayer for demarcating his share to the extent of 0.505 acre and that in presence of the parties the surv...... 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)
....emorandum of Appeal with bank guarantee. 2. The facts of the case, in short, are that the petitioner filed Money Suit No.77 of 1994 in the Artha Rin Adalat against the respondents and others for recovery of Tk. 32,31,99,460.38. After contest the suit was decreed by judgment and order dated......at by an application under Order 9 Rule 13 of the Code of Civil Procedure the judgment debtor prays to set aside an ex-parte decree making a difference under Section 6(2) which was incorporated by amendment as the legislators thought that the 50% of the decretal amount may be deposited eith......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
Ayub Ali Vs. Ali Akbor @ Khoda Boksha & others, 2007, 36 CLC (AD)
....r 13, 2007. Lawyers Involved: Abdul Jabbar, Advocate 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 b......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
Misbah Abedin Vs. Muzmmil Ali and others, 2007, 36 CLC (AD)
....an, Senior Advocate with A.K.M. Ali, Advocate instructed by Md. Nawab Ali, Advocate-on- Record-For the Respondent No.1. None represented -For the Respondent Nos. 9-10. Civil Petition for Leave to Appeal No. 447 of 2006. (From the judgment and order dated the 4th January, 200...... 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
M/S. A.S. Trade International Vs. Government of Bangladesh and others, 2007, 36 CLC (AD)
....structed by Mrs. Sufia Khatun, Advocate-on-Record-For the Petitioners (In all the Civil Petitions). Not represented- the Respondents (In all the Civil Petitions). Civil Petition for Leave to Appeal Nos. 47-49 of 2006. (From the judgment and order dated the 23rd October,...... unjust as the petitioner has been deprived of his vested right but the High Court Division upon wrong interpretation of provision of Section 21 of the General Clauses Act held that "the amendment or the modification made in the exemption on the notification by the notification da......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) 959. ..Category: Fiscal/Taxation Law | Date: | Hits: 68
Nezma Khatun Chowdhury Vs. Abdul Khaleque, 2003, 32 CLC (AD)
.... Judgment Syed J.R. Mudassir Husain J.- This appeal arises out of leave granted by this Division in civil petition for leave to Appeal No. 1302 of 1999 against the judgment and order dated 22-7-1999 passed by a Si...... 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. ......y;session of the suit shop. Hence, the suit was filed. 3. The respondent as defendant contested the suit by filing written statement and denied all the material allegations made in the plaint. His case was that the suit is not maintainable in its present form, barred by limitation an..Category: Property Law | Date: | Hits: 32
Fazor Ali Vs. Md. Marfat Ali and others, 2007, 36 CLC (AD)
.... Nurul Islam Bhuiya, Advocate-on-Record-For the Petitioner Md. Nawab Ali, Advocate-on-Record-For Respondent No. 1. Not represented- For Respondent Nos. 2-5 Civil Petition for Leave to Appeal No. 1146 of 2006. (From the judgment and order dated 12.04.2006 passed b...... 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)
.... October 2, 2007. Lawyers Involved: Syed Mahbubur Rahman, Advocate-on-Record-For the Petitioners Respondents-Not Represented. Civil Petition for Leave to Appeal No. 227 of 2006 ......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)
....lved: Abdul Quayum, Senior Advocate, instructed by Bivash Chandra Biswas, Advocate-on-Record-For the Petitioners. Not Represented -For the Respondents. Civil Petition for Leave to Appeal No. 556 of 2006 (From the judgment and order dated 25.10.2005 passed by ......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)
.......Respondents Judgment January 16, 2007. The Code of Civil Procedure, 1908 (V of 1908), Order VI, rule 17 The High Court Division ought to have allowed the application for amendment of the plaint with prayer to adduce additional evidence because such amendment is ne......espondents Judgment January 16, 2007. The Code of Civil Procedure, 1908 (V of 1908), Order VI, rule 17 The High Court Division ought to have allowed the application for amendment of the plaint with prayer to adduce additional evidence because such amendment is necess......Judgment January 16, 2007. The Code of Civil Procedure, 1908 (V of 1908), Order VI, rule 17 The High Court Division ought to have allowed the application for amendment of the plaint with prayer to adduce additional evidence because such amendment is necessary for determinin..Category: Procedural Law | Date: | Hits: 173
Government of Bangladesh Vs. Sultan Ahmed and ors., 2006, 35 CLC (AD)
....Advocate-on-Record—For the Petitioners. Md. Aftab Hossain, Advocate-on-record—For the Respondent No. 1. Not represented—Respondent Nos. 2-18. Civil Petition for Leave to Appeal No. 268 of 2005. (From the Judgment and Order dated March 30, 2004 passe......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)
.... Abdul Wadud Bhuiyan, Senior Advocate, instructed by Abdul Kashem, Advocate-on-Record—For the Respondent Nos. 1-2. Not Represented—Respondent Nos. 3-7. Civil Petition for Leave to Appeal No. 621 of 2007. (From the Judgment and Order dated December 11, 2006 pa......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. ......it No. 38 of 1984 dismissing the same. 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 t..Category: Property Law | Date: | Hits: 32
Probir Kumar Rakshit Vs. Abdus Sabur & others, 2008, 37 CLC (AD)
....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 declaration of title to 'C’ schedule land whi......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
Asmat Ali Vs. Alam Miah & others, 2006, 35 CLC (AD)
....ers Involved: Subhas Chandra Saha, Advocate instructed by Chowdhury Md. Zahangir, Advocate-on-Record-For the Petitioner Not represented- the Respondents. Civil Petition for Leave to Appeal No. 971 of 2005. (From the judgment and order dated 11.05.2005 passed by......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
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