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Md. Iftekher Uddin Bhuiyan Vs. Ranjit Kumar Saha & another, 2007, 36 CLC (AD)
....he Petitioner. Mahmudul Islam, Senior Advocate instructed by Syed Mahbubur Rahman, Advocate-on-Record- For Respondent No. 1. Not represented-Respondent No. 2. Civil Petition for Leave to Appeal No. 412 of 2007. (From the judgment and order dated 03.08.2006 passed by......28.01.1996 and the deposit as made on 29.01.1996 is not within the period of limitation. The High Court Division held that the Rule in Civil Revision was made absolute on 22.08.1995, thereafter the amendment of the plaint was noted on 01.01.1996. There was a civil petition for leave to appeal an......is petition for leave to appeal is directed against the judgment and order dated 03.08.2006 passed by the High Court Division in Civil Revision No. 5101 of 2000 discharging the Rule. 2. The plaintiff instituted Title Suit No.86 of 1989 in the Court of Senior Assistant Judge, Narsingdi for..Category: Property Law | Date: | Hits: 19
Mosammat Namiran Nessa Vs. Aftaruddin & others, 2007, 36 CLC (AD)
.... Nurul Islam Bhuiya, Advocate-on-Record-For the Petitioner. Zahirul Islam, Advocate-on-Record-For Respondent No. 1. Not represented-Respondent Nos. 2-22. Civil Petition for Leave to Appeal No. 356 of 2006. (From the judgment and order dated 16.08.2005 passed by......cision. There is no cogent reason to interfere with the judgment of the High Court Division. The petition is dismissed. Ed. This Case is also Reported in: V ADC (2008) 662. ......ated 16.08.2005 passed by a Single Bench of the High Court Division in Civil Revision No.3175 of 2002 heard analogously with Civil Revision No.3154 of 2002 making the Rules absolute. 2. The plaintiffs of Other Class Suit No.3 of 1999 instituted the suit in the Court of Assistant Judge, Pa..Category: Property Law | Date: | Hits: 23
Mosammat Ashrafee Begum and others Vs. Md. Siddiqur Rahman Patwari and others, 2007, 36 CLC (AD)
....ocate-on-record-For the Petitioners. Md. Aftab Hossain, Advocate-on-Record-For Respondent Nos. 1, 2, 9-12. Not represented- Respondent Nos. 3-8 & 13-17. Civil Petition for Leave to Appeal No. 1685 of 2003. (From the Judgment and Order dated June 29, 2003 passe......ind, the judgment ought have but the result arrived at call for no interference. Accordingly the petition is dismissed. Ed. This Case is also Reported in: V ADC (2008) 659. ......led seeking declaration that the judgment and decree dated September 25, 1978 of the Court of Assistant Judge, Faridganj in Title Suit No.19 of 1978 is fraudulent, illegal and not binding upon the plaintiffs. As it appears the said decree was obtained in respect of 6.28 acres of land. Title Suit..Category: Property Law | Date: | Hits: 20
Mazu Bibi and others Vs. Rabeya Begum and others, 2006, 35 CLC (AD)
....was filed seeking declaration of title in respect of 4.69 acres of land and confirmation of possession as to part of the land in suit and recovery of possession as to part of the property in suit and for permanent injunction. The suit was filed making averments that land measuring 5.04 acres belonge......e hereinabove 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: 11 BLC (AD) (2006) 267; III ADC (2006) 702.......and possessed by Zinder Sheikh and Harun Sheikh and in their names CS khatian was prepared, that Zinder Sheikh by amicable arrangement was enjoying 4.23 acres of land and he died leaving 2 sons, i.e. plaintiff Nos.1 and 2 and a daughter plaintiff No.3, that at the time of death of Zinder Sheikh plai..Category: Limitation Law | Date: | Hits: 171
Bangladesh Vs. Kazi Shaziruddin Ahmed, 2003, 32 CLC (AD)
....e) instructed by Md Nawab Ali, Advocate-on-Record—For the Respondent. Civil Appeal No.126 of 2000. (From the judgment and order dated 14th June, 2000 passed by this Division in civil petition for leave to Appeal No. 1243 of 1998). Judgment Syed JR Mudassir Husain J.- This appeal ...... set aside the impugned judgment of the High Court Division. Accordingly, the appeal is allowed without any order as to costs. Ed. This Case is also Reported in: 11 BLC (AD) (2006) 231. ...... set aside the impugned judgment of the High Court Division. Accordingly, the appeal is allowed without any order as to costs. Ed. This Case is also Reported in: 11 BLC (AD) (2006) 231. ..Category: Criminal Law | Date: | Hits: 37
Government of Bangladesh Vs. Megha Fisheries Ltd., 2005, 34 CLC (AD)
.... the High Court Division in First Appeal No. 456 of 2000 dismissing the appeal. 2. The facts leading to the appeal are that the appellant as the plaintiff instituted Other Class Suit No.12 of 1996 for declaration that the registered lease deed No. 4330 dated 15-6-1996 between the plaintiff-appell......, as such, we do not find any substance in this appeal. The appeal is dismissed without any order as to cost. Ed. This Case is also Reported in: 11 BLC (AD) (2006) 97, 20 BLT (AD) (2012) 25. ......inst the judgment and order dated 7-7-2003 passed by the High Court Division in First Appeal No. 456 of 2000 dismissing the appeal. 2. The facts leading to the appeal are that the appellant as the plaintiff instituted Other Class Suit No.12 of 1996 for declaration that the registered lease deed N..Category: Property Law | Date: | Hits: 41
Badal Chandra Das and others Vs. Amena Khatun, 2005, 34 CLC (AD)
....30 of 1999 reversing those dated 28-2-1999 by the Senior Assistant Judge, Sadar, Rajshahi in Suit No. 265 of 1996 dismissing the suit. 2. The respondent as the plaintiff instituted the suit for declaration of title and recovery of khas possession in respect of the suit land stating,...... could be pointed out for our interference. In view of this, the appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: 11 BLC (AD) (2006) 94. ......, Rajshahi in Title Appeal No.130 of 1999 reversing those dated 28-2-1999 by the Senior Assistant Judge, Sadar, Rajshahi in Suit No. 265 of 1996 dismissing the suit. 2. The respondent as the plaintiff instituted the suit for declaration of title and recovery of khas possession in res..Category: Property Law | Date: | Hits: 25
Abul Kashem Howlader & ors. Vs. Md. Kashem Ali Khan and others, 2005, 34 CLC (AD)
....n Amin, Advocate-on-Record-For the Petitioners. ABM Siddique, Advocate-on-Record-For Respondent Nos. 17-26. Not represented— Respondent Nos. 1-16, 27-201. Civil Petition for Leave to Appeal No. 1456 of 2001. Judgment &n......on 6-12-1958 as fraudulent and not binding upon the plaintiffs. The petition is disposed of aforesaid modification. Ed. This Case is also Reported in: 11 BLC (AD) (2006) 86. ...... Petition for Leave to Appeal No. 1456 of 2001. Judgment Mohammad Fazlul Karim J. - The plaintiff seeks leave to appeal against the impugned judgment decree dated 9-5-2001 passed by the ..Category: Property Law | Date: | Hits: 102
Bangladesh Vs. Shamirunnessa Bibi, 2005, 34 CLC (AD)
....ex parte decree dated 12.12.1984. 2. Short facts are that the respondents predecessor filed Title Suit No. 208 of 1984 in the 1st Court of Subordinate Judge (now Joint District Judge), Dhaka for declaration of title in the land described in the schedule of the plaint and for further declar......ourt Division is set aside and those of the appellate court passed in Miscellaneous Appeal No. 45 of 1993 are restored. Ed. This Case is also Reported in: 14 BLT (AD) (2006) 71. ......er dated 20.05.2002 passed by the Court Division rejecting the review application summarily, filed seeking review of the judgment in the civil revision. The revisional application was filed by the plaintiff against the judgment and order dated 24.05.1993 of 6th Court of Additional District Judge..Category: Property Law | Date: | Hits: 25
Sultan Molla and others Vs. Helaluddin Howlader & others, 2004, 33 CLC (AD)
....e judgment and order dated 04.04.2004 passed by the High Court Division in Civil Revision No. 899 of 1998). Judgment M. M. Ruhul Amin J.- This petition for leave to appeal is directed against the judgment and order dated 04.04.2004 passed by a Single ......on did not commit any error of law requiring interference by this court. Accordingly, this petition is dismissed. Ed. This case is also Reported in: 14 BLT (AD) (2006) 66. ......ected against the judgment and order dated 04.04.2004 passed by a Single Bench of the High Court Division in Civil Revision No. 899 of 1998 discharging the Rule. 2. Short facts are that the plaintiff instituted Title Suit No. 272 of 1987 in the court of Senior Assistant Judge, Barisal for..Category: Property Law | Date: | Hits: 25
M/s. Pak Eastern Industries Ltd. Now M/s. Bangla Industries Ltd. Vs. Bangladesh, 2008, 37 CLC (AD)
....rbitration Case No.296 of 2000 of the Arbitrator and Joint District Judge, Dhaka dismissing the appeal and allowing the Cross-Appeal with cost and sending the case back on remand to the Arbitrator for assessment of compensation afresh of the appellant's land acquired from date of service of noti......e assessment of compensation for lands acquired either under Section 93A of the Town Improvement Act, 1953 or under Section 5 of the (Emergency) Requisition of Property Act, 1948 in view of the amendment of the former Act by Ordinance III of 1965, and the latter by Ordinance, XIII of 1963 an......the trial involved in acquisition for assessment of compensation at TK.80,000.00 per acre without any order as to costs. Ed. This Case is also Reported in: 61 DLR (AD)(2009) 1. ..Category: Property Law | Date: | Hits: 37
A. H. M. Mustafa Kamal @ Lotus Kamal Vs. Bangladesh, 2008, 37 CLC (AD)
....sented by Secretary, Ministry of Justice and Parliamentary Affairs, Bangladesh Secretariat, Ramna, Dhaka and others............Respondents Judgment August 20, 2008. Result: The petition for leave to appeal is dismissed. Cases Referred to- Mozammel Hoque Vs. The State and anothe......02.2007 the petitioner’s nominated representative Mr. Golam Sarwar submitted a wealth statement on behalf of the petitioner which was received by the respondents and thereafter when the explanatory amendment to the wealth statement was submitted it was refused to be received on the ground that 72 ......of the proceeding. With the above findings and observations this petition for leave to appeal is dismissed. Ed. This Case is also Reported in: 29 BLD (AD) 2009, 5 ; 61 DLR (AD) (2009) 10. ..Category: Civil Law | Date: | Hits: 125
Md. Nasirullah Vs. Md. Ziauddin Khan & Others, 2007, 36 CLC (AD)
....y Md. Nawab Ali, Advocate-on-Record-For the Respondents. Civil Review Petition No. 90 of 2007. (From the judgment dated 15.05.2007 passed by the High Court Division in Civil Petition for Leave to Appeal No. 885 of 2005). Judgment &n......Abu Bakkar Vs. Nazir Ahmed reported in 34 DLR (AD) 237, wherein it was held that, "Section 95 has been amended by the President's Order No. 88 of 1972 with effect from 3 August 1972, but this amendment did not touch the period of a usufructuary mortgage which is still 7 years, nor did it af...... M. Ruhul Amin J. - By this petition the petitioners seek review of the judgment dated 15.05.2007 passed in Civil Petition for Leave to Appeal No. 885 of 2005 dismissing the petition. 2. The plaintiffs instituted Title Suit No.112 of 1994 in the First Court of the Assistant Judge, Dhaka fo..Category: Property Law | Date: | Hits: 41
People's Republic of Bangladesh Vs. A.H.M. Khurshed Ali & Ors., 2008, 37 CLC (AD)
....8. Lawyers Involved: Hassan Faiz Siddique, Additional Attorney General instructed by Zainul Abedin, Advocate-on-Record-For the Petitioner. Not represented-the Respondents. Civil Petition for Leave to Appeal No. 1087 of 2006. (From the judgment and order dated 08.02.2006 passed by a F...... of the Code beyond its pecuniary jurisdiction which is fixed at Tk. 5,00,000/- being the appellate jurisdiction. Another Division Bench in Civil Order No. 2345 of 2005 expressed the view that by 3rd amendment of the Code of Civil Procedure (Act No. 40 of 2003) the learned District Judge under secti......l is directed against the judgment and order dated 08.02.2006 passed by a Full Bench of the High Court Division in Civil Revision No. 1701 of 2005 discharging the Rule. 2. Short facts are that the plaintiffs instituted Other Class Suit No. 96 of 2003 in the 2nd Court of Joint District Judge, Chit..Category: Limitation Law | Date: | Hits: 171
Khandkar Md. Mizanur Rahman Hira Vs. Government of the People's Republic of BD, 2007, 36 CLC (AD)
....Hoque vs. State, 11 DLR 170. Lawyers Involved: Nurul Islam Bhuiyan, Advocate-on-Record—For the Petitioner. Not represented— the Respondents. Civil Petition for Leave to Appeal No. 1186 of 2005. (From the judgment and order dated 26th June, 2005 pas......ional provision of Article 135 of the Constitution read with the legal facts that the authority appointing the petitioner was holding the post of Deputy Inspector General of Police as evident from amendment of the Police Regulation of Bengal as to be found in a case of Mozharul Hoque vs. State r......ance in the submissions of the learned Advocate for the petitioner. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: 13 BLC (AD) (2008) 150. ..Category: Employment/Service Law | Date: | Hits: 91
Marziana Khatun Vs. Government of Bangladesh, 2007, 36 CLC (AD)
.... Marziana Khatun......................Petitioner Vs. Government of Bangladesh...................Respondents Judgment November 15, 2007. Civil Petition for Leave to Appeal No. 1559 of 2005. (From the judgment and order dated 24-8-2005 passed by......no substance in the submissions of the learned Advocate for the petitioner. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: 13 BLC (AD) (2008) 140. ......the Rule which has caused a grave failure of justice; that as per advice of the lawyer, the petitioner instituted Other Class Suit No. 119/1983 for permanent injunction, title and possession of the plaintiff as a condition precedent for getting permanent injunction and considering the same, a de..Category: Property Law | Date: | Hits: 23
Abul Kalam Azad Vs. BD Government Primary School Teachers Association and others, 2007, 36 CLC (AD)
....nstructed by Syed Mahbubur Rahman, Advocate-on-Record. Md. Nawab Ali, Advocate-on-Record—For Respondent No. 1. Not represented—Respondent Nos. 2-3. Civil Petition for Leave to Appeal No. 958 of 2005. (From the judgment and order dated 11-5-2005 passed by ......sion. There is no cogent reason to interfere with the same. Accordingly, the leave petition is dismissed. Ed. This Case is also Reported in: 13 BLC (AD) (2008) 138. ......leave to appeal is directed against the judgment and order dated 11-5-2005 passed by a Single Bench of the High Court Division in Civil Revision No. 4642 of 1997 discharging the Rule. 2. The plaintiff instituted Title Suit No. 82 of 1993 in the 1st Court of Assistant Judge, Dhaka subsequen..Category: Civil Law | Date: | Hits: 83
Morium Begum and others Vs. Durga Matha and others, 2008, 37 CLC (AD)
...., Senior Advocate, instructed by Chowdhury Zahangir, Advocate-on-Record—For the Petitioners. Khan Saifur Rahman, Senior Advocate, instructed by Md. Nawab Ali, Advocate-on-Record—for Respondent No. 1. Not represented—Respondent Nos. 2-40. Civil Petition for...... 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: 13 BLC (AD) (2008) 131. ......of 1995 reversing those of dated 1-3-1995 of the learned Senior Assistant Judge, Barisal Sadar, Barisal passed in Title Suit No. 189 of 1991, decreeing the suit. 2. The respondent No.1, as plaintiff, filed the above Title Suit No. 189 of 1991 praying for declaration that the suit land me..Category: Property Law | Date: | Hits: 26
Abdul Baki and others Vs. Farooque Ahmed, 2007, 36 CLC (AD)
....ique, Advocate-on-Record— For the Respondent. Civil Review Petition No. 88 of 2005. (From the judgment and order dated 25th June, 2005 passed by this Division in Civil Petition for Leave to Appeal No. 329 of 2005). Judgment &n......d before us required to be investigated afresh by way of review. The review petition is, accordingly, dismissed. Ed. This Case is also Reported in: 13 BLC (AD) (2008) 128. ......is father, Abdur Rahman acquired the suit property from the Industrial Corporation Limited on the basis of an agreement dated 24-3-1954 and purchased shares of the company and subsequently the plaintiff's father orally gifted the suit property to the plaintiff and that after the death of Abd..Category: Property Law | Date: | Hits: 25
Bangladesh Vs. AHM Khurshed Ali and others, 2008, 37 CLC (AD)
.... Hassan Faiz Siddique, Additional Attorney-General instructed by Zainul Abedin, Advocate-on-Record— For the Petitioner. Not represented—the Respondents. Civil Petition for Leave to Appeal No. 1087 of 2006. (From the judgment and order dated 8-2-2006 passed by ......e Code beyond its pecuniary jurisdiction which is fixed at Tk. 5,00,000 being the appellate jurisdiction. Another Division Bench in Civil Order No. 2345 of 2005 expressed the view that by 3rd amendment of the Code of Civil Procedure (Act No. 40 of 2003) the learned District Judge under sect......irected against the judgment and order dated 8-2-2006 passed by a Full Bench of the High Court Division in Civil Revision No. 1701 of 2005 discharging the Rule. 2. Short facts are, that the plaintiffs instituted Other Class Suit No. 96 of 2003 in the 2nd Court of Joint District Judge..Category: Civil Law | Date: | Hits: 77
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