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Abdus Sattar Khan Vs. Md. Noor@ Nurullah, 2006, 35 CLC (AD)
....h the same are maintainable, that the relief sought in Title Suit No. 6 of 1968 by the plaintiffs is also available to them. The trial Court while decreeing the suits did not allow the plaintiffs' prayer for rectification of the record of right. 9. The contesting defendants went on a......os. 1(d), 1(e), 2(b); 2(c) & 2(e), 4(a), 4(g) (In both the cases). Not represented - Respondent Nos. 1(a)-(c), 1(f)-(h), 2(a),2(d), 3, 4(b)-4(f) (In both the cases). Civil Petition for Leave to Appeal Nos. 656 & 657 of 2005. (From the Judgment and Order dated March 14, ......ivision committed no error of law or precodure in dismissing the appeals. Accordingly the petitions are dismissed. Ed. The Case is also Reported in: IV ADC (2007) 930. ......ivision committed no error of law or precodure in dismissing the appeals. Accordingly the petitions are dismissed. Ed. The Case is also Reported in: IV ADC (2007) 930. ..Category: Property Law | Date: | Hits: 26
Bangladesh Krishi Bank Vs. Messers Dadajee Ice Plant and Storage Ltd., 2006, 35 CLC (AD)
....and subsequently asked for at least Tk. 18,97.075/- but the defendant No.5 informed the plaintiff to apply in the relevant form to which the plaintiff submitted form on 12.12.1987 but the said prayer remianed unattended. On the other hand, without supplying Air Blower and Amonia Gas and othe......ructed by Azra Ali, Advocate-on-Record - For the Petitioner. Mahbubey Alam, Senior Advocate, instructed by Chowdhury Md. Zahangir, Advocate-on-Record - For the Respondent. Civil Petition for Leave to Appeal No. 191 of 2004 (From the judgment and order dated 10th January, 2004 pas......w of the above, the submissions of the learned Counsel for the petitioner have no substance. The petition is dismissed. Ed. The Case is also Reported in: IV ADC (2007) 924. ......w of the above, the submissions of the learned Counsel for the petitioner have no substance. The petition is dismissed. Ed. The Case is also Reported in: IV ADC (2007) 924. ..Category: Civil Law | Date: | Hits: 103
Abdul Jalil Munshi & another Vs. Abu Bakr Siddique, 1976, 5 CLC (AD)
....d Munsif rejected the said application by his order dated 1-4-75 and pointed out that no new facts having been placed before the Court by the appellants, is would be self-contradictory to allow the prayer under rule 4 of Order 39 without hearing the written objection by the appellants and that a......hile disposing of a revisional application of the respondent arising out of an interlocutory matter relating to temporary injunction. 2. The respondent has instituted a suit against the appellants for a permanent injunction for restraining them from blocking an alleged passage, described in Sched......nstruction of the wall by the appellants on 31-5-75 shall continue till the hearing of the injunction matter by the learned Munsif. Ed. This Case is also Reported in: 35 DLR (1983) (AD) 42. ......nstruction of the wall by the appellants on 31-5-75 shall continue till the hearing of the injunction matter by the learned Munsif. Ed. This Case is also Reported in: 35 DLR (1983) (AD) 42. ..Category: Property Law | Date: | Hits: 31
Alaluddin Vs. State, 1999, 28 CLC (AD)
....ailed to exercise a proper discretion in the matter of granting bail in a pending appeal filed against a short sentence like in the present case. 3. At the time of admitting the appeal, the prayer for bail and stay of realisation of fine was refused on 2-5-99. On a subsequent application......nvolved: Abdus Subhan, Senior Advocate, instructed by Md. Aftab Hossain, Advocate-on-Record — For the Petitioner. Not represented — The Respondent. Criminal Position for Leave to Appeal No. 85 of 1999. (From the judgment and order dated May 5, 1999 passed by......ion. The petition is disposed of with the observations as above. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 162. ......ion. The petition is disposed of with the observations as above. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 162. ..Category: Criminal Law | Date: | Hits: 50
Md. Shah Alam Mollah Vs. Md. Ruhul Amin Khan & another, 2007, 36 CLC (AD)
....e First Information Report and submitted final report against the 5 accused persons. The informant submitted naraji petition against the police report. The Tribunal after hearing, allowed the prayer for further investigation in respect of 5 (five) accused persons. 4. On com......lved: Md. Nawab Ali, Advocate-on-Record-For the Petitioner. Aftab Hossain, Advocate-on-Record-For Respondent No. 1. Not represented-Respondent No. 2. Criminal Petition for Leave to Appeal No. 256 of 2004. (From the judgment and order dated 10.07.2004 passed by......ved at a correct decision. There is no cogent reason to interfere with the same. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: V ADC (2008) 88. ......ved at a correct decision. There is no cogent reason to interfere with the same. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: V ADC (2008) 88. ..Category: Criminal Law | Date: | Hits: 54
Billal Hossain and others Vs. Mofizur Rahman and others, 2006, 35 CLC (AD)
....ation and misreading of material evidence on record and the High Court Division also did not consider that a suit for declaration of title is not maintainable against co-sharers without a prayer for consequential relief and that the provision of section 47 of Registration Act is mi......yum, Senior Advocate instructed by Sayed Mahbubur Rahman, Advocate-on- Record- For the Petitioners. Nurul Islam Chowdhury, Advocate-on-Record-For the Respondents. Civil Petition for Leave to Appeal No. 701 of 2005 (From the judgment and order dated 23rd February, 2005 p......rived at a correct decision and there is no cogent reason to interfere with the side decision. The petition is dismissed. Ed. This Case is also Reported in: V ADC (2008) 54. ......rived at a correct decision and there is no cogent reason to interfere with the side decision. The petition is dismissed. Ed. This Case is also Reported in: V ADC (2008) 54. ..Category: Property Law | Date: | Hits: 19
Mvi. Md. Shafiqur Rahman and another Vs. Ambia Khatoon and others, 2007, 36 CLC (AD)
.... was then fixed on 2.8.2001 for peremptory hearing and on that date the pre-emptor respondent prayed for adjournment but the learned Subordinate Judge (now Joint District Judge) rejecting the said prayer directed the parties to get ready for hearing and then the above case was taken up for hear&......s. Md. Abu Taher and others, 32 DLR (AD) 231. Lawyers Involved: Md. Nawab Ali, Advocate-on-Record-For the Petitioners. Not represented - the Respondents. Civil Petition for Leave to Appeal No. 285 of 2004 (From the judgment and order dated 10.1.2004 passed by t......ny illegality or infirmity in the decision of the High Court Division so as to call for any interference. The petition is dismissed. This Case is also Reported in: V ADC (2008) 49. ......ny illegality or infirmity in the decision of the High Court Division so as to call for any interference. The petition is dismissed. This Case is also Reported in: V ADC (2008) 49. ..Category: Property Law | Date: | Hits: 26
Bijoy Kumar Sarbabidya Vs. Government of Bangladesh & others, 2006, 35 CLC (AD)
....ess thereon and on 25.5.2000, two others also prayed for being added as defendants on the ground that they also are the lessees under the government and are in possession of the suit land and their prayer being also allowed, they were added as defendants. 3. The trial court, after having, dec......or the Petitioner. Mahbubey Alam, Senior Advocate, instructed by Chowdhury M. Zahangir, Advocate-on- Record-For Respondent No. 4. Not represented- Respondent Nos.1-3 & 5-13. Civil Petition for Leave to Appeal No. 922 of 2003 (From the judgment and order dated 3.3.2003 passed by the Hig......not point at any error or infirmity in the decision of the High Court Division so as to call for interference. The petition is dismissed. Ed. This Case is also Reported in: V ADC (2008) 44. ......not point at any error or infirmity in the decision of the High Court Division so as to call for interference. The petition is dismissed. Ed. This Case is also Reported in: V ADC (2008) 44. ..Category: Property Law | Date: | Hits: 39
Shamsul Arefin Rao Vs. Mahbub Hossain, 2007, 36 CLC (AD)
....he same. The executing court also noticed that the petitioner has been trying to delay the disposal of the said Execution Case. Accordingly the executing court by order dated 24.6.2002 rejected the prayer for stay of further proceedings of Other Execution Case No. 4 of 1998 till disposal of Misc......cate-on-Record-For the Respondent (In Civil Petition No. 1365 of 2003) Chowdhury Md. Zahangir, Advocate-on-Record-For the Respondents (In Civil Petition No.331 of 2002) Civil Petition for Leave to Appeal No. 1365 of 2003. With Civil Petition for Leave to Appeal No.331 ......n. There is therefore no warrant in law to interfere with the same. Accordingly, both the petitions are dismissed. Ed. This Case is also Reported in: V ADC (2008) 147. ......n. There is therefore no warrant in law to interfere with the same. Accordingly, both the petitions are dismissed. Ed. This Case is also Reported in: V ADC (2008) 147. ..Category: Civil Law | Date: | Hits: 88
Faiz Ahmed Chowdhury Vs. Alhaj Shamsul Huda Chowdhury and others, 2007, 36 CLC (AD)
....n possession of that quantum of land out of 0.278 chhataks as described in the schedule to the plaint. 3. The defendant Nos. 1-5 and 6-8 filed two separate written statement against the said prayer for injunction denying the material contents and allegations of the plaintiff made in the p......hidullah, Advocate-on- Record-For the Petitioners. Syed Mahbubur Rahman, Advocate-on-Record-For Respondent Nos. 1-8. Not Represented- the Respondent Nos. 9-43. Civil Petition for Leave to Appeal No. 959 of 2005. (From the judgment and order dated the 15th May, 2005 p......bstance in the submissions of the learned Advocate for the respondent. Accordingly, the Civil Petition is dismissed. Ed. This Case is also Reported in: V ADC (2008) 128. ......bstance in the submissions of the learned Advocate for the respondent. Accordingly, the Civil Petition is dismissed. Ed. This Case is also Reported in: V ADC (2008) 128. ..Category: Property Law | Date: | Hits: 38
Chief Controller, Import and Export and others Vs. Md. Faruk Ahmed, 2005, 34 CLC (AD)
....er the said decision of the authority. Rule 19 of the Rules provided for appeal review for revision against the said impugned order passed by the Chief Controller of Export and Import rejecting the prayer of the respondent, which the respondent has failed to avail, instead, approached the High Cou....... The respondent filed the said Writ Petition stating, inter alia, that in course of business he opened Letters of Credit being Nos. 1203/01/0045 dated 22.01.2002 and 1203/02/01/0172 dated 06.03.2003 for import of 10 units of re-conditioned vehicles from Japan. He opened the Letters of Credit under ...... appeal is allowed without any order as to costs. Ed. This Case is also Reported in: V ADC (2008) 123 ; 12 BLC (AD) (2007) 44; 12 MLR (AD) 2007, 122; 19 BLT (AD) 2011, 28, 8 LG (AD) (2011) 28. ...... appeal is allowed without any order as to costs. Ed. This Case is also Reported in: V ADC (2008) 123 ; 12 BLC (AD) (2007) 44; 12 MLR (AD) 2007, 122; 19 BLT (AD) 2011, 28, 8 LG (AD) (2011) 28. ..Category: Business or Commercial Law | Date: | Hits: 139
Sonali Bank Vs. Md. Zalaluddin and others, 2007, 36 CLC (AD)
....the respondent No.1 was ultimately dismissed from the service for this misconduct. The Appellate Tribunal also failed to appreciate that even after the dismissal of the respondent No.1, on his prayer he was again given personal hearing by the Review/appeal and disciplinary Committee of ...... off with a censure and at a subsequent stage a huge number of irregularities having been detected in the above Branch during his tenure, the respondent No.1 was again posted at that Branch twice affording him adequate opportunities for regularising all the irregular loans but, he failed to......d into order of compulsory retirement with effect from the date of order of dismissal. There will be no order as to cost. Ed. This Case is also Reported in: V ADC (2008) 96. ......d into order of compulsory retirement with effect from the date of order of dismissal. There will be no order as to cost. Ed. This Case is also Reported in: V ADC (2008) 96. ..Category: Administrative Law | Date: | Hits: 104
Divisional Forest Officer, Dhaka Vs. Md. Shahabuddin and others, 2007, 36 CLC (AD)
....ring the appeal allowed the same and set aside the judgment and decree of the learned Assistant Judge dismissing the suit on the ground that the suit was not maintainable as farmed as there was no prayer for declaration of title and recovery of khas possession and that the suit, was al......f 1990 in the Court of the learned Senior Assistant Judge, Gazipur which was subsequently renumbered as T.S. M No. 10 of 1992 in the 2nd Court of the Additional Assistant Judge, Gazipur for declaration that T.S. No.308 of 1973 and the ex parte decree obtained therein by the defendant......d by the trial court is restored. 13. The appeal, for the above reason, is accordingly allowed with costs at all stages. Ed. This Case is also Reported in: V ADC (2008) 91. ......d by the trial court is restored. 13. The appeal, for the above reason, is accordingly allowed with costs at all stages. Ed. This Case is also Reported in: V ADC (2008) 91. ..Category: Property Law | Date: | Hits: 35
Mosammat Parveen Sultana Vs. Mosammat Sahera Khatun & another, 2007, 36 CLC (AD)
....tioner instituted Title Suit No. 18 of 1988 against Waqf Administrator and heirs of Shawkat Ali for permanent injunction and got a decree. The petitioner paid gas bill, electricity bill, rent etc. On prayer of Sahera Khatun the name of Mogol Bibi was deleted and Sahera Khatun was added as plaintiff ...... Mahbubuddin Ahmed, Senior Advocate, instructed by Md. S.R. Khoshnabish, Advocate-on-Record-For the Petitioner (In both the cases) Not represented-Respondents (In both the cases) Civil Petition for Leave to Appeal Nos. 392 & 393 of 2003 (From the judgment and order dated 23.11.2002 pass......on record arrived at a correct decision. There is no cogent reason to interfere with the same. Both the leave petitions are dismissed. Ed. This Case is also Reported in: IV ADC (2007) 889. ......on record arrived at a correct decision. There is no cogent reason to interfere with the same. Both the leave petitions are dismissed. Ed. This Case is also Reported in: IV ADC (2007) 889. ..Category: Tenancy Law | Date: | Hits: 155
Hemayet Ali Shaikh and others Vs. Ramesh Chandra Mondal and others, 2006, 35 CLC (AD)
....ng to the issue of non-passing of the consideration money anc1 merely stating the above ground has not been raised in the written statement of the defendant Nos. 1-3. 4. As it appears in the prayer portion of the original plaint the plaintiffs sought relief to the effect that “Text i......s......Respondents Judgment April 24, 2006. Lawyers Involved: Sufia Khatun, Advocate-on-Record-For the Petitioners Not represented- Respondents Civil Petition for Leave to Appeal No. 1283 of 2004. (From the judgment and order dated 8th March, 2003 passed......ere is no cogent reason to interfere with the said decision. The petition is dismissed. Ed. This Case is also Reported in: IV ADC (2007) 866. ......ere is no cogent reason to interfere with the said decision. The petition is dismissed. Ed. This Case is also Reported in: IV ADC (2007) 866. ..Category: Property Law | Date: | Hits: 25
Most. Hamida Bewa Vs. Jasiron Nesa and others, 2005, 34 CLC (AD)
....t Judge, Sujanagar in Other Class Suit No. 48 of 1983 dismissing the same. 2. The suit was filed seeking declaration of title in respect of the land in suit. Grounds raised in support of the prayer for review in our view can in no way be considered ground for review. The contentions r......, Sujanagar in Other Class Suit No. 48 of 1983 dismissing the same. 2. The suit was filed seeking declaration of title in respect of the land in suit. Grounds raised in support of the prayer for review in our view can in no way be considered ground for review. The contentions raised i......n other words a party is not competent in law to seek review in the manner as sought. Accordingly the petition is dismissed. Ed. This Case is also Reported in: IV ADC (2007) 862. ......n other words a party is not competent in law to seek review in the manner as sought. Accordingly the petition is dismissed. Ed. This Case is also Reported in: IV ADC (2007) 862. ..Category: Procedural Law | Date: | Hits: 79
Sarwar Zaman Vs. Yongtai Industries Bangladesh Ltd. and another, 2006, 35 CLC (AD)
.... was then filed contents of which were however subsequently corrected by two supplementary affidavits affirmed by one Hossain M. Zahedi on the basis of power of attorney of said Li Tze Keung, wherein prayer was made for adding Li Tze Keung as respondent No. 2, stating, inter alia, that the company...... M.A. Aziz Khan, Advocate (appeared with the leave of the Court) instructed by A.K.M. Shahidul Huq, Advocate-on-Record-For the Petitioner. Not represented- the Respondents. Civil Petition for Leave to Appeal No. 654 of 2005 (From the judgment and order dated 9th May, 2005 passed by th......any 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: IV ADC (2007) 855. ......any 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: IV ADC (2007) 855. ..Category: Business or Commercial Law | Date: | Hits: 151
Jagabandhu Sarker and others Vs. Jotish Chandra Sikder and others, 2005, 34 CLC (AD)
....tance as held by the Court of first instance and the appellate Court, as such no useful purpose would be served in sending back the case i.e. revision to the High Court Division. The result of the prayer so made, in case allowed, would only be prolonging the litigation and thereby causing harass......y leave against the judgment dated November 22,1998 of the High Court Division in Civil Revision No. 705 of 1995 making the rule absolute and thereupon sending the suit back to the trial Court for re-hearing in the light of the observation made by the lower appellate Court and with further ......eir claim in respect of the remaining land, that is the land outside the land of the defendants' kabuliyat was quite beyond the frame of the suit. This being the position there was no occasion for remanding the suit back to the trial Court for fresh adjudication and as such High Court Division w......ns made hereinbefore we find merit in the appeal. Accordingly the appeal is allowed. There is no order as to cost. Ed. This Case is also Reported in: IV ADC (2007) 849. ..Category: Property Law | Date: | Hits: 19
Harunar Rashid Sheikh and others Vs. Dr. Badiuzzaman Mallik and others, 2006, 35 CLC (AD)
.... Suit No. 533 of 1968 which was subsequently renumbered as Title Suit No. 106 of 1972 praying for declaration of title, confirmation of possession and for perpetual injunction with alternative prayer for recovery of possession stating, inter alia, that the suit land, which belonged to Ramja......ioners. Harendra Nath Nandi, Advocate instructed by Prinash Chandra Biswas, Advocate-on-Record-For Respondent No. 1 Not represented-Respondent Nos. 2-14 Civil Petition for Leave to Appeal No. 1303 of 2004. (From the judgment and order dated 2......cord arrived at a correct decision and there is no cogent reason to interfere with the same. The petition is dismissed. Ed. This Case is also Reported in: IV ADC (2007) 841. ......cord arrived at a correct decision and there is no cogent reason to interfere with the same. The petition is dismissed. Ed. This Case is also Reported in: IV ADC (2007) 841. ..Category: Property Law | Date: | Hits: 63
Md. Nazrul Islam and others Vs. Monowara Begum and others, 2006, 35 CLC (AD)
....bsp;decimals of land in suit and have failed to establish their claim of ½ decimal of land and as such would not get possession thereof, that plaintiffs would not get any relief as sought in prayer 'ga', that the document described in the 4th schedule would not affect plaintiffs' tit......Abu Siddique, Advocate-on-Record-For the Petitioners Sufia Khatun, Advocate-on-Record-For Respondent Nos. 3 and 9 Not represented-Respondent Nos. 1, 2, 4-8 & 10-49 Civil Petition for Leave to Appeal No.1491 of 2004 (From the Judgment and Order dated January 28, 2004 passed ...... High Court Division of the kind calling for interference by this Division. Accordingly the petition is dismissed. Ed. This Case is also Reported in: IV ADC (2007) 838. ...... High Court Division of the kind calling for interference by this Division. Accordingly the petition is dismissed. Ed. This Case is also Reported in: IV ADC (2007) 838. ..Category: Property Law | Date: | Hits: 23
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