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Md. Sonawar Ali Vs. Md. Nonahar Ali alias Monawar Ali , 2006, 35 CLC (AD)
....bubey Alam, Senior Advocate (J.N. Deb, Advocate with him) instructed by A.K.M. Shahidul Huq, Advocate-on-Record-For the Petitioners. Not represented- the Respondents. Civil Petition for Leave to Appeal No. 406 of 2005. (From the judgment and order dated 16th January, 2005 p......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
Babul Ahmed and others Vs. Government of Bangladesh and others, 2008, 37 CLC (AD)
....te-on-Record-For the Petitioners. (In all cases) Hasan Faiz Siddique, Additional Attorney General, Zahirul Islam, Advocate-on-Record-For the Respondents (In all cases) Civil Petition for Leave to Appeal Nos. 1082-84 of 2007. (From the judgment and order dated 3.6.2007 passed......of right and moreover as per clause 1 of the Angikarnama admittedly signed by the petitioners as well as in terms of clause 1 of the lease granting order, the petitioners are bound to abide by any amendment of the provisions of Act 1992 as well as Rules 1968 and further according to the Notifica......llegality or infirmity in the above decision so as to call for any interference. All the petitions are dismissed. Ed. This Case is also Reported in: V ADC (2008) 864. ..Category: Others | Date: | Hits: 101
Md. Tazimuddin and others Vs. Md. Mofizul Islam and others, 2008, 37 CLC (AD)
.... Mahbubar Rahman, Advocate-on-Record-For the Petitioners. Mrs. Sufia Khatun, Advocate-on-Record-For Respondent Nos. 1-3. Not represented-Respondent Nos. 4-43. Civil Petition for Leave to Appeal No. 1642 of 2007. (From the judgment and order dated 29.05.2007 passed b......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)
....ved: S.N. Goswami, Advocate, instructed by Syed Mahbubur Rahman, Advocate-on-Record-For the Petitioners. Md. Nawab Ali, Advocate-on-Record-For the Respondents. Civil Petition for Leave to Appeal No. 587 of 2005. (From the judgment and order dated March 14, 2005 passe......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
Bangladesh Vs. Mohammad Ali Khondoker, 2007, 36 CLC (AD)
.... Zainul Abedin, Deputy Attorney General, instructed by B. Hossain, Advocate-on-Record - For the Petitioner. Sufia Khatun, Advocate-on-Record - For the Respondent. Civil Petition for leave to Appeal No. 884 of 2003. Judgment M. M. Ruhul Amin J.- This ......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
Delowar Hossain Mollah and others Vs. Bangladesh, 2003, 32 CLC (AD)
....the classification may reasonably be regarded as based, the presumption of Constitutionality cannot be carried to the extent of always holding that there must be some undisclosed and un-known reasons for subjecting certain individuals or corporations to hostile or discriminating legislation………......olative of Articles 26, 27, 29(1) and 31 of the Constitution. Subsequently respondent No. 1 by Notification as contained in S.R.O. No.117-Law/94, Sha: Ma (Rule-4)-RR-39/88 dated 11th April, 1994 made amendments in Rule 5 of Bangladesh Civil Service (Examination or Promotion) Rules 1986 (Annexure-D) ...... examination for promotion, but were given the promotion under the concessionaire Rule 8(1) of the Bangladesh Civil Service (Examination for Promotion) Rules, 1986 and the appellants now could not complaint of Rules from which they derived benefit for themselves to which they are not otherwise entit..Category: Employment/Service Law | Date: | Hits: 133
Mrs. Mohsina Rahman Vs. Abdul Majid, 2008, 37 CLC (AD)
.... M. A. Samad, Senior Advocate, instructed by Md. Nawab Ali, 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......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
M/s. F. Jahan Enterprise Vs. Commissioner of Customs, Chittagong and others, 2005, 34 CLC (AD)
....t filed the writ petition stating, inter alia, that the appellant is a business firm dealing, inter alia, with auctioning business submitted tender in auction tender sale No. 9/97 dated 30.4.1997 for purchase of 2350 pieces of Toshiba Brand Fluorescent Tube Light and 392 sets of National Brand ......owing the same lot i.e. lot No. 49/9(s) catalogued as item No. 94. But subsequently the said catalogue No. 94 was withdrawn from sale by the customs authority (auction) through correction by way of amendment dated 12.5.1997. Though the said lot in catalogue No. 94 was withdrawn from the list of ......nted and in the submissions made by the appellant. The appeal is, accordingly, dismissed without any order as to costs. Ed. This Case is also Reported in: V ADC (2008) 779. ..Category: Others | Date: | Hits: 80
Md. Shahanur Rahaman and others Vs. Alhaj Abbas Ali Mondal, 2006, 35 CLC (AD)
....ord-For the Petitioners. Saidur Rahman, Advocate, instructed by Md. Nawab Ali, Advocate-on-Record-For Respondent Nos. 1-3. Not Represented-Respondent Nos. 4-7. Civil Petition for Leave to Appeal No. 696 of 2005. (From the judgment and order dated 29.3.2005 passed by ......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)
....on-Record-For the Petitioners. Saleem Ullah, Advocate, instructed by Sufia Khatun, Advocate-on-Record-For Respondent No. 1 Not represented-Respondent Nos. 2-5. Civil Petition for Leave to Appeal No. 356 of 2005. (From the Judgment and Order dated November 28, 2004 pa......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. ......haka in Title Suit No. 2 of 1997 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 th..Category: Civil Law | Date: | Hits: 74
Mahmuda Haq Vs. Abdul Mannan Miah and others, 2007, 36 CLC (AD)
....gust 2, 2007. Lawyers Involved: Muhammad Nawab Ali, Advocate-on-Record-For the Petitioner. Syed Mahbubar Rahman, Advocate-on-Record-For the Respondents. Civil Petition for Leave to Appeal No. 1309 of 2006. (From the Judgment and Order dated March 9, 2006 passe......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)
....Petitioner Rafique-ul Huq, Senior Advocate instructed by A. K. M. Shahidul Huq, Advocate-on- Record-For Respondent No. 1 Not represented-Respondent No. 2. Civil Petition for Leave to Appeal No. 1595 of 2007. (From the judgment and order dated 03.05.2007 passed b......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)
....ated 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 possession of .07 acres of land, being part of land o......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
Shaymol Mitra Borua Vs. Bangladesh Government and others, 2008, 37 CLC (AD)
....s Involved: Abdul Wadud Bhuiyan, Senior Advocate, instructed by Syed Mahbubar Rahman, Advocate-on-Record- For the Petitioner. Not Represented- the Respondents. Civil Petition for Leave to Appeal No. 1132 of 2006. (From the judgment and order dated 5th July, 2006 pass......rative Appellate Tribunal failed to appreciate that the respondent never took any ground of delay in filing application before Administrative Tribunal and never drawn any ground for delay for amendment of petition but the Appellate Tribunal findings that the application before Administrativ......o 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) 642. ..Category: Administrative Law | Date: | Hits: 89
Md. Nazim Uddin Vs. Managing Director and others, 2006, 35 CLC (AD)
....gment August 24, 2006. Result: The petition is dismissed. Lawyers Involved: N.H. Khandker, Advocate-on-Record-For the Petitioner. Not represented- the Respondents Civil Petition for Leave to Appeal No. 826 of 2005. (From the judgment and order dated 25.5.2005 passed by the H......e No.45 of 1992 which being transferred was re-numbered as Violation Case No. 34 of 1994 in which 4 (four) witnesses have been examined and order is awaiting therein and the plaintiffs prayer for amendment of the plaint incorporating therein the prayers for recovery of possession and also for ma...... Title Appeal No.351 of 1999 affirming the judgment and decree dated 2.6.1999 passed by the learned Senior Assistant Judge, Dhamrai, Dhaka in Title Suit No.71 of 1994 dismissing the suit. 2. The plaintiff petitioner instituted Title Suit No.170 of 1992 which subsequently being transferred on tw..Category: Property Law | Date: | Hits: 32
Fazlur Rahman Sikder Vs. Abdul Hashem Howlader & others, 2006, 35 CLC (AD)
....ents Judgment August 6, 2006. Lawyers Involved: Md. Nawab Ali, Advocate-on-Record-For the Petitioner. Not represented- the Respondents. Civil Petition for Leave to Appeal No. 572 of 2005. (From the judgment and order dated 30th March, 20......nfirmity 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: V ADC (2008) 687. ......akati in Title Appeal No. 99 of 1997 reversing those of dated 19.8.1997 passed by the learned Assistant Judge, Rajapur, Jhalakati in Title Suit No.59 of 1996 decreeing the suit. 2. The plaintiff filed the above suit seeking for declaration that sale deed No.3277 executed on 5.7.1962 ..Category: Property Law | Date: | Hits: 25
Sheikh Abdul Mazed Vs. Md. Shomrej Ali Mandal and others, 2006, 35 CLC (AD)
.... Judgment July 9, 2006. Lawyers Involved: Syed Mahbubar Rahman, Advocate-on-Record-For the Petitioner. Not represented- the Respondents. Civil Petition for Leave to Appeal No. 1133 of 2005. (From the Judgment and Order dated May 7, 2005 passed ......d by the courts below and consequent thereupon there was no failure of justice. Accordingly the petition is dismissed. Ed. This Case is also Reported in: V ADC (2008) 680. ......t Division was filed under section 115(4) of the Code of Civil Procedure. 2. The suit was filed seeking declaration of title in respect of the land described in the schedule attached to the plaint and for further declaring that the compromise decree passed in Title Suit No.69 of 1997 of t..Category: Procedural Law | Date: | Hits: 58
Hazi Abdul Mannan and others Vs. Amena Begum and others, 2006, 35 CLC (AD)
....y 30, 2006. Lawyers Involved: Syed Mahbubar Rahman, Advocate-on-Record-For the Petitioners. Nurul Islam Bhuiyan, Advocate-on-Record-For the Respondents. Civil Petition for Leave to Appeal No. 236 of 2005. (From the Judgment and Order dated March 8, 2004 passed...... 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) 676. ......, 1990 of the Court of Assistant Judge, Dacope, Khulna in Title Suit No.36 of 1998 decreeing the same. The suit was filed seeking a decree for permanent injunction. 2. It was the case of the plaintiff that the land measuring 31.51 acres originally belonged to Bhagirath Mondal and others a..Category: Property Law | Date: | Hits: 21
Rahmat Goni Vs. Mrs. Meherun Nessa & others, 2006, 35 CLC (AD)
.... Lawyers Involved: Dr. Rafiqur Rahman, Senior Advocate, instructed by Serajur Rahman, Advocate-on- Record-For the Petitioner Not represented- the Respondents. Civil Petition for Leave to Appeal No. 1217 of 2005. (From the judgment and order dated 30.07.2005 passed b......rrect decision. There is no cogent ground to interfere with the same. Accordingly, the leave petition is dismissed. Ed. This Case is also Reported in: V ADC (2008) 670. ......rected against the judgment and order dated 30.07.2005 passed by a Single Bench of the High Court Division in Civil Revision No. 16 of 2002 discharging the Rule. 2. Short facts are that the plaintiff filed Title Suit No.33 of 1998 in the Court of Senior Assistant Judge, 3rd Court, Dhaka f..Category: Property Law | Date: | Hits: 26
Government of the People's Republic of Bangladesh Vs. Manindra Kumar Paul & ors, 2006, 35 CLC (AD)
.... Judgment August 31, 2006. Lawyers Involved: Md. Aftab Hossain, Advocate-on-Record-For the Petitioners. Not represented- the Respondents. Civil Petition for Leave to Appeal No. 940 of 2005. (From the judgment and order dated 5th April, 2005 pass......y 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: V ADC (2008) 667. ......on that V. P. Case Nos. 9,10 and 11 of 1986-87 and V.P. Case No. 5 of 1987-88 filed in the Office of the Upazilla Nirbahi Officer, Chandpur, in respect of the land described in 'Ka' schedule of the plaint are collusive, illegal, without jurisdiction and not binding upon them and they also prayed ..Category: Procedural Law | Date: | Hits: 68
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