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Hemayet Ali Shaikh and others Vs. Ramesh Chandra Mondal and others, 2006, 35 CLC (AD)

....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.  ...... 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.  ......tian No. 140 and 4.31 acres of land recorded in C.S. Khatian No. 280, origi­nally belonged to 3 full brothers, name­ly, Judu Nath Mondal, Paban Mondal and Gagon Mondal in equal shares; the plaintiff Nos. 1 and 2, the respondent Nos. 1-2 herein, are sons of Gagon Mondal; the plaintiff Nos..

Category: Property Law | Date: | Hits: 25

Boalkhali Sirajul Islam College Vs. Al-haj Ahmed Hossain Chowdhury and others, 2006, 35 CLC (AD)

....e of review.  Hence, we find no ground to review of our judgment. Accordingly, this review petition is dis­missed. Ed. This Case is also Reported in: IV ADC (2007) 860. ...... Syed J.R. Mudassir Husain CJ M.M. Ruhul Amin J Amirul Kabir Chowdhury J Boalkhali Sirajul Islam College........Petitioner Vs. Al-haj Ahmed Hossain Chowdhury and others.......Respondents Judgment April 25, 2006. Lawyers Involved: ......e of review.  Hence, we find no ground to review of our judgment. Accordingly, this review petition is dis­missed. Ed. This Case is also Reported in: IV ADC (2007) 860. ......on in civil petition for leave to Appeal No. 356 of 2002). Judgment Syed J. R. Mudassir Husain CJ. - This is a review petition filed by the defendant in a suit for declaration of the plaintiff-respondent's 'rayoti' right to the suit land and for khash possession thereof. 2. ..

Category: Property Law | Date: | Hits: 53

Harunar Rashid Sheikh and others Vs. Dr. Badiuzzaman Mallik and others, 2006, 35 CLC (AD)

....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. ...... 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. ......it land, which belonged to Ramjan Sheikh in occupancy right, was auction purchased by Alep Hawlader in a rent sale; subsequently for arrears of rent the suit land was again put in auction when the plaintiff auction purchased the same on 15.6.1942 in Rent Execution Case No. 362 of 1942 in the ben..

Category: Property Law | Date: | Hits: 63

Md. Nazrul Islam and others Vs. Monowara Begum and others, 2006, 35 CLC (AD)

.... 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. ......orted 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. ......e land of second schedule upon evicting first group of defendants and for declaring that the kabala described in the 4th schedule is fraudulent, fabricated, illegal and void and not binding on the plaintiffs.               ..

Category: Property Law | Date: | Hits: 23

Md. Abul Hossain and others Vs. Abdul Hamid Mandal and others, 2007, 36 CLC (AD)

....th the impugned judgment of the High Court Division. Accordingly, the appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: IV ADC (2007) 834. ......in: IV ADC (2007) 834. ......th the impugned judgment of the High Court Division. Accordingly, the appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: IV ADC (2007) 834. ......ed by limitation and also barred by the principles of estoppel, waiver and acquiescence. His specific case, in short, is that on account of urgent necessity (of) money, the defendant approached the plaintiff for loan of an amount of Tk. 3,000.00 in the month of Jaishstha, 1379 B.S. and the plain..

Category: Property Law | Date: | Hits: 30

Shirajul Islam and others Vs. Shoshti Rani and others, 2007, 36 CLC (AD)

.... interference is called for with the judgment sought to be appealed by this Division. Accordingly the petition is dismissed. Ed. This Case is also Reported in: IV ADC (2007) 832. ...... Supreme Court Appellate Division (Civil) Present: Md. Ruhul Amin CJ MM Ruhul Amin J Md. Tafazzul Islam J Md. Hassan Ameen J Shirajul Islam and others….Petitioners Vs. Shoshti Rani and others......Respondents Jud...... interference is called for with the judgment sought to be appealed by this Division. Accordingly the petition is dismissed. Ed. This Case is also Reported in: IV ADC (2007) 832. ......f 1981-82 is fraudulent and void. The appellate Court upon allowing the appeal decreed the suit and thereupon directed the defendant Nos. 1-3 to vacate the land in suit within 30 days failing which plaintiff would be enti­tled to take delivery of possession through Court. 3. The suit w..

Category: Property Law | Date: | Hits: 22

Mofizuddin Howlader Vs. Abdur Rashid & others, 1982, 11 CLC (AD)

....urt Division are set aside and those of the trial Court are restored. The appellant is allowed the cost of the appeal. Ed. This Case is also Reported in: 35 DLR (AD) (1983) 36. ......ip;………..Respondents Judgment January 11, 1982. Cases Referred to: Mst. Khairunnessa Khatun Chowdhury vs. Golam Muktadir Chowdhury, 14 DLR (Dacca) 764 and Syed Abul Fazal vs. Syeda Sayeeda Khatun and others 14 DLR (Dacca) 163. Lawyers Involve......urt Division are set aside and those of the trial Court are restored. The appellant is allowed the cost of the appeal. Ed. This Case is also Reported in: 35 DLR (AD) (1983) 36. ......eave is directed against the judgment of the High Court Division dismissing the appellant's Suit for declaration that the property described in the schedule to the plaint is waqf property and the plaintiff is the mutwalli, which was decreed by the trial Court. The decision of the High Court Div..

Category: Trust/Waqf Law | Date: | Hits: 171

Jabed Ali Vs. Abu Shaikh and others, 1982, 11 CLC (AD)

....or made according to the Muslim Law would, therefore, be valid. In the result, the appeal is dismissed without order as to costs. Ed. This Case is also Reported in: 35 DLR (AD) (1983) 31. ......buddin Ahmed J Jabed Ali……………………………………………………………………………………..….Appellant Vs. Abu Shaikh, being dead his heirs: Md. Naimuddin and others….……..Respondents Judgment January 5, 1982. Result: The appeal is dism......or made according to the Muslim Law would, therefore, be valid. In the result, the appeal is dismissed without order as to costs. Ed. This Case is also Reported in: 35 DLR (AD) (1983) 31. ...... the property recorded in the new Khatian No. 23 in the name of defendant No. 1 was wrongly prepared and that the same is liable to be recorded in his name in the rent roll Khatian No. 22. 3. The plaintiff's case is that the holding belonged to Agardi Sonaru who died leav­ing defendant No. 3 as..

Category: Property Law | Date: | Hits: 37

Abul Hossain and Brothers Vs. Rupali Bank Limited, 2006, 35 CLC (AD)

....e leave-petition.  In the aforesaid premises, we find no legal infirmity for our interference. The leave petition is dismissed. Ed. This Case is also Reported in: IV ADC (2007) 785. ...... Present: Syed JR Mudassir Husain CJ Md. Ruhul Amin J Mohammad Fazlul Karim J MM Ruhul Amin J Md. Tafazzul Islam J Amirul Kabir Chowdhury J Md. Joynul Abedin J Abul Hossain and Brothers, 16/E, Chota Katara (Near Chawk Bazar) Dhaka…...Petitioners  Vs. Rupali Ba......e leave-petition.  In the aforesaid premises, we find no legal infirmity for our interference. The leave petition is dismissed. Ed. This Case is also Reported in: IV ADC (2007) 785. ......he learned Subordinate Judge (now Joint District Judge), Artha Rin Adalat No. 3, Dhaka in Title Suit No. 120 of 1997 dismissing the suit.  2. The principal-respondent No.1 Pubali Bank Ltd. as plaintiff instituted the above Title Suit No. 120 of 1997 in the Court of Subordinate Judge, Artha R..

Category: Banking Law | Date: | Hits: 85

Abul Kashem Vs. Md. Abu Bakar Siddique Khan and others, 2006, 35 CLC (AD)

....gh Court Division. In the aforesaid premises, we find no substance in this petition. Accordingly, it is dismissed. Ed. This Case is also Reported in: IV ADC (2007) 779. ......hellip;……………………………………………Petitioner Vs. Md. Abu Bakar Siddique Khan and others......Respondents Judgment July 11, 2006. Lawyers Involved: M......gh Court Division. In the aforesaid premises, we find no substance in this petition. Accordingly, it is dismissed. Ed. This Case is also Reported in: IV ADC (2007) 779. ......rder dated 25th March, 2003 passed by a Single Bench of the High Court Division in Civil Revision No. 5731 of 2001 discharging the Rule. 2. The facts, leading to this petition, are that the plaintiff-respondents filed Other Suit No. 161 of 2000, alleging, inter alia, that the owners of t..

Category: Property Law | Date: | Hits: 33

Most. Jubeda Khatun Vs. Md. Khuda Box & others, 2006, 35 CLC (AD)

.... find any cogent reason to interfere with the judgment of the High Court Division. 10. The leave petition is dismissed. Ed. This Case is also Reported in: IV ADC (2007) 777. ...... Lawyers Involved: Abul Quasem, Advocate-on-Record-For the Petitioner. Not represented-Respondents. Civil Petition for Leave to Appeal No. 1368 of 2004 (From the judgment and order dated 24.04.2004 passed by the High Court Division in Civil Revision No. 4787 of 1997). ...... find any cogent reason to interfere with the judgment of the High Court Division. 10. The leave petition is dismissed. Ed. This Case is also Reported in: IV ADC (2007) 777. ......cted against the judgment and order dated 24.04.2004 passed by a Single Bench of the High Court Division in Civil Revision No. 4787 of 1997 discharging the Rule. 3. Short facts are that the plaintiffs insti­tuted Partition Suit No. 29 of 1986 in the Court of Munsif (now Assistant Judg..

Category: Property Law | Date: | Hits: 24

Mst. Mariam Bibi Vs. Shiraj Madbar and others, 2006, 35 CLC (AD)

....of the view that there is no error in the said judgment. In view of the discussion made above, the petition is dismissed. Ed. This Case is also Reported in: IV ADC (2007) 774. ...... Appellate Division (Civil) Present Syed J. R. Mudassir Husain CJ Amirul Kabir Chowdhury J Mst. Mariam Bibi.............. Petitioner Vs. Shiraj Madbar and others.........Respondents Judgment August 1, 2006. Lawyers Involved: ......of the view that there is no error in the said judgment. In view of the discussion made above, the petition is dismissed. Ed. This Case is also Reported in: IV ADC (2007) 774. ......his petition has been preferred against the judgment and order dated 21.01.2004 passed by a Single Bench of the High Court Division making the rule absolute. 2. The respondent Nos.1 to 3 as plaintiffs instituted Title Suit No. 7 of 1989 in the Court of Subordinate Judge, Shariatpur for de..

Category: Property Law | Date: | Hits: 25

Janata Bank and others Vs. National Electric Company Ltd., 2007, 36 CLC (AD)

....of the High Court Division can not be sustained. Accordingly the appeal is allowed with­out any order as to costs. Ed. This Case is also Reported in: IV ADC (2007) 764. ...... ......of the High Court Division can not be sustained. Accordingly the appeal is allowed with­out any order as to costs. Ed. This Case is also Reported in: IV ADC (2007) 764. ...... appeal by leave arises out of judgment and order dated 5.3.2002 passed by the High Court Division in Civil Revision No. 2051 of 1996 discharging the Rule.   2. The respondent, as plaintiff, filed Money Suit No. 135 of 1990 in the Court of Subordinate Judge (now Joint District ..

Category: Business or Commercial Law | Date: | Hits: 75

Chalna Carriers & Fibres Ltd. & another Vs. M/s. Shainpukur Navigation Ltd. & ors, 2005, 34 CLC (AD)

....e hereinabove we find no merit in the appeal. Accordingly the appeal is dismissed. There is no order as to costs. Ed. This Case is also Reported in: IV ADC (2007) 735. ...... Reported in: IV ADC (2007) 735. ......e hereinabove we find no merit in the appeal. Accordingly the appeal is dismissed. There is no order as to costs. Ed. This Case is also Reported in: IV ADC (2007) 735. ...... November 6, 1990 passed by the High Court Division in Admiralty Suit No. 8 of 1988) Judgment      Md. Ruhul Amin J. - This appeal by leave has been filed by the plaintiffs against the judgment dated November 6, 1990 of the High Court Division in Admiralty Suit..

Category: Admiralty Law or Maritime Law | Date: | Hits: 210

Md. Siddiqullah and others Vs. Sufura Khatun and others, 2007, 36 CLC (AD)

....Counsel for the petitioners in the facts and circumstances of the case. Accordingly, the application is dis­missed. Ed. This Case is also Reported in: IV ADC (2007) 691. ......ed in: IV ADC (2007) 691. ......Counsel for the petitioners in the facts and circumstances of the case. Accordingly, the application is dis­missed. Ed. This Case is also Reported in: IV ADC (2007) 691. ......irected against the judgment and order dated 05.07.2005 passed by the High Court Division in Civil Revision No. 2693 of 2002 discharged the Rule with modifica­tion. 2. The respondents as plaintiffs instituted a S.C.C. Suit No.13 of 1994 before the 2nd Court of Assistant Judge, Dhaka w..

Category: Property Law | Date: | Hits: 35

Mst. Rousan Ara Vs. Alhaj Mst. Hazera, Begum alias, Hazera Khatun & another, 2007, 36 CLC (AD)

....n-Record found difficult to assail the Judgment of the High Court Division. Accordingly, the leave petition is dis­missed. Ed. This Case is also Reported in: IV ADC (2007) 689. ......era, Begum alias, Hazera Khatun & another........Respondents Judgement June 5, 2007. Lawyers Involved: Md. Nawab Ali, Advocate-on-Record-For the Petitioner. N. H. Khandaker, Advocate-on-Record-For Respondent No. 1. Not represented-Respondent No. 2. Civ......n-Record found difficult to assail the Judgment of the High Court Division. Accordingly, the leave petition is dis­missed. Ed. This Case is also Reported in: IV ADC (2007) 689. ......eave to appeal is directed against the judgment and order dated 09.11.2002 passed by a Single Bench of the High Court Division in Civil Revision No. 4897 of 1998 discharging the Rule. 2. The plaintiff instituted other Class Suit No.274 of 1988 in the Court of Additional Assistant Judge, 1s..

Category: Family Law | Date: | Hits: 150

Birendra Nath Mondal Vs. Dhirendra Nath Mandal and others, 2007, 36 CLC (AD)

....he above, we find no sub­stance in the appeal. Accordingly, the appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: IV ADC (2007) 680. ......rendra Nath Mondal……………………………………………..Appellant Vs. Dhirendra Nath Mandal and others………………………..Responden......he above, we find no sub­stance in the appeal. Accordingly, the appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: IV ADC (2007) 680. ......88 discharging the Rule modifying the judgment and decree dated 16.07.1987 passed by the learned Subordinate judge (now Joint District Judge), Pirojpur in Title Appeal No.82 of 1984. 2. The plaintiff-appellant filed Title suit No.3 of 1984 in the Court of the learned Munsif ( now Assistan..

Category: Property Law | Date: | Hits: 30

Md. Siraj Mondal @ Md. Sirajuddin Mondal & anr Vs. Mosammat Miraton Nessa & ors, 2006, 35 CLC (AD)

....render his tenancy, we find no merit in the appeal. Accordingly the appeal is dismissed with cost of Tk. 2,000/- Ed. This Case is also Reported in:  IV ADC (2007) 672. ......) 672. ......render his tenancy, we find no merit in the appeal. Accordingly the appeal is dismissed with cost of Tk. 2,000/- Ed. This Case is also Reported in:  IV ADC (2007) 672. ...... Suit No. 28 of 1977 decreeing the same. 2. The suit was filed seeking declaration of title and khas possession upon evicting the defendants from the land in suit. 3. The case of the plaintiff, in short, is that the land in suit, which is homestead, belonged to Jairuddin and in hi..

Category: Property Law | Date: | Hits: 28

Abdus Samad Talukder and another Vs. Sarkar Mahmud and others , 2007, 36 CLC (AD)

....e decision of the High Court Division so as to call for interference. The appeal is dismissed with cost at all stages. Ed. This Case is also Reported in: IV ADC (2007) 669. ......rted in: IV ADC (2007) 669. ......e decision of the High Court Division so as to call for interference. The appeal is dismissed with cost at all stages. Ed. This Case is also Reported in: IV ADC (2007) 669. ......ed in Other Appeal No. 78 of 1987 setting aside those  of dated 30.7.1987 by the learned Assistant Judge, Fulbari, in Other Suit No.37 of 1986 decreeing the suit. 2. The appellants, as plaintiffs, filed the above Other Suit No. 37 of 1986 for declaration of their title in the suit l..

Category: Property Law | Date: | Hits: 28

Md. Syed Badruddoza Vs. Tawfiq Hasan and another, 2006, 35 CLC (AD)

.... committed any error in rejecting the prayer for re-hearing of the civil revision. Accordingly the petition is dismissed. Ed. This Case is also Reported in: IV ADC (2007) 667. ...... Supreme Court Appellate Division (Civil) Present: Md. Ruhul Amin J Md. Tafazzul Islam J Md. Syed Badruddoza being dead his legal heirs: Mrs. Arjuman Banu and Others………… Petitioners Vs. Tawfiq Hasan and another ....... committed any error in rejecting the prayer for re-hearing of the civil revision. Accordingly the petition is dismissed. Ed. This Case is also Reported in: IV ADC (2007) 667. ......nted the relief prayed in the suit i.e. declaring the Heba dated 25.6.1989 not legal as was not acted upon. As stated hereinbefore the High Court Division made the Rule absolute on the finding that plaintiff failed to establish that the heba was not acted upon. The Rule obtained by the defendant ..

Category: Civil Law | Date: | Hits: 102