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Murari Mohan Sarder and others Vs. Bangladesh, 2006, 35 CLC (AD)
....sp; July 26, 2006. Lawyers Involved: Bivash Chandra Biswas, Advocate-on-Record-For the Petitioners. Not represented- the Respondents. Civil Petition for Leave to Appeal No. 297 of 2005 (From the judgment and order dated 17.01.2005 passed by ...... In this view of the matter we do not find any substance in this petition The petition is accordingly dismissed. Ed. This Case is also Reported in: V ADC (2008) 522. ...... Judgment Amirul Kabir Chowdhury J. - Murari Mohan Sarder and ten other plaintiff petitioners seek leave to appeal against the judgment and order dated 17.01.2005 pas..Category: Property Law | Date: | Hits: 24
Abdul Khaleque Pramanik Vs. Rajab Ali Pramanik and others, 2007, 36 CLC (AD)
....vocate-on- Record-For the Petitioners. Chowdhury Md. Zahangir, Advocate-on-Record-For Respondent Nos. 1-3. Not represented-Respondent Nos. 4-9. Civil Petition for Leave to Appeal No. 333 of 2005. (From the judgment and order dated 28.11.2004 passed by......ntiffs had failed to prove their case up to the hilt since they had no rent-receipts and initially plaint was silent as to the possession through erection of huts and by their subsequent amendment, they made out a new case. The trial court had grounded his judgment on the basis of evid......the judgment and order dated 28.11.2004 passed by a Single Bench of the High Court Division in Civil Revision No. 2341 of 1996 making the rule absolute. 2. The facts, in short, are that the plaintiff respondent Nos.1 to 4 instituted Other Suit No. 19 of 1986 which was renumbered as Other ..Category: Property Law | Date: | Hits: 22
Padma Bibi Vs. Headmaster & Secretary, Moheshkhali High School & others, 2006, 35 CLC (AD)
....l 2, 2006. Lawyers Involved: A.K.M shahidul Haq, Advocate-On-Record- For the petitioner. Not represented- the Respondents. Civil Petition for Leave to Appeal No. 1186 of 2004. (From the judgment and order dated 7th January, 2006 p......ion and there is no cogent ground to interfere with the decision of the High Court Division. The petition is dismissed. Ed. This Case is also Reported in: V ADC (2008) 511. ......tion of title, confirmation of possession and also permanent injunction in respect of the suit land contending, inter alia, that the suit land originally belonged to Monsur Ali, father of the plaintiffs who was raiyat under Khirode Chandra Roy, the superior landlord; Monsur Ali while owning..Category: Property Law | Date: | Hits: 29
Md. Alauddin and others Vs. Abdul Hakim and others, 2007, 36 CLC (AD)
....nts Judgment April 16, 2007. Lawyers Involved: S.R. Khoshnabish, Advocate-on-Record-For the Petitioners. Not represented - the Respondents. Civil Petition for Leave to Appeal No. 1548 of 2003. (From the Judgment and Order dated June 24, 2003 passe......ground of the discussion made hereinabove we find no substance in the petition. Accordingly the petition is dismissed. Ed. This Case is also Reported in: V ADC (2008) 503. ......s. 3/3315, 3/3317 and 3/3319 comprising 7.25 acres of land of khatian No. B/286.The decree for permanent injunction was prayed for restraining the defendants from disturbing possession of the plaintiff in the land described in the schedule attached to the plaint. 3. Facts averring wh..Category: Property Law | Date: | Hits: 19
Hefazatur Rahman Tipu and others Vs. Forkanul Islam and others, 2007, 36 CLC (AD)
....yed Mahbubar Rahman, Advocate-on-Record-For the Petitioners. Abu Siddique, Advocate-on-Record-For Respondent No. 1. Not represented -Respondent Nos. 2-4. Civil Petition for Leave to Appeal No. 438 of 2007. (From the judgment and order dated 25.3.2007 passed by ......n did not commit any illegality or infirmity so as to call for any interference. Accordingly the petition is dismissed. Ed. This Case is also Reported in: V ADC (2008) 443. ......storing the ad interim order of injunction which was earlier vacated in view of the provision of Order 39 rule 5A(3) CPC. 2. Brief facts for disposal of this leave petition are that the plaintiff/respondent No. 1 filed the above Other Class Suit No. 17 of 2006 for declaration that he ..Category: Property Law | Date: | Hits: 26
Sultan Ahmed & others Vs. Md. Munsur Ali & another, 2007, 36 CLC (AD)
....ember 9, 2007. Lawyers Involved: Mohammad Nawab Ali, Advocate-on-Record-For the Petitioners. Syed Mahbubur Rahman, Advocate-on-Record-For the Respondents. Civil Petition for Leave to Appeal No. 334 of 2006. (From the judgment and order dated 14.03.2005 passed b......cord arrived at a correct decision. There is no cogent reason to interfere with the same. The petition is dismissed. Ed. This Case is also Reported in: 13 MLR (AD) (2008) 359. ...... to appeal is directed against the judgment and order dated 14.03.2005 passed by a Single Bench of the High Court Division in Civil Revision No. 6049 of 2001 making the Rule absolute. 2. The plaintiffs instituted Title Suit No.116 of 1999 in the Court of Senior Assistant Judge, Dhamrai, Dh..Category: Property Law | Date: | Hits: 30
Sri Sri Hari Thakur Deb Bigraha & others Vs. Md. Abdul Hannan and others, 2006, 35 CLC (AD)
....d: Harendra Nath Nondy, Advocate instructed by Md. Nawab Ali, Advocate-on-Record- For the Petitioners. Not represented-the Respondents. Civil Petition for Leave to Appeal No. 1176 of 2005. (From the judgment and order dated 11.05.2004 passed......to interfere with the same. Accordingly, the leave petition is dismissed. Ed. This Case is also Reported in: 13 MLR (AD) (2008) 353; 16 BLT (AD) 2008, 223. ......appeal is directed against the judgment and order dated 11th May, 2004 passed by a Single Bench of the High Court Division in Civil Revision No. 2939 of 1994 making the Rule absolute. 2. The plaintiff filed Other Class Suit No.215 of 1985 in the Court of Assistant Judge, Sadar, Rajshahi fo..Category: Property Law | Date: | Hits: 96
Nizamuddin Mahmood Vs. Abdul Hamid Bhuiyan and another, 2008, 37 CLC (AD)
....neral instructed by B Hossain, Advocate-on-Record— For Respondent No. 2. Criminal Appeal No. 04 of 2007. (From the judgment and order dated 15-6-2004 passed by this Court in Criminal Petition for Leave to Appeal No. 12 of 2003). Judgment Md. Abdul Matin J. - Complainant petitioner Niza......petition case No. 515 of 2001 under section 138 of the Negotiable Instruments Act, 1881 shall continue. Ed. This Case is also Reported in: 60 DLR (AD) (2008) 195; 9 BLC (AD) 177; 9 MLR (AD) 299 ...... High Court Division quashing the proceeding of Petition Case No. 515 of2001 under section 138 of the Negotiable Instruments Act, 1881. 2. The appellant as the complainant filed a petition of complaint under section 138 of the Negotiable Instruments Act, 1881 against the respondent No.1 stati..Category: Criminal Law | Date: | Hits: 67
Government of Bangladesh Vs. Md. Ayub Ali and another, 2007, 36 CLC (AD)
....y the High Court Division in Civil Revision No. 2444 of 1999 and Appeal From Original Decree No. 533 of 1991.) Judgment Md. Joynul Abedin J.- Since the above appeal and civil petition for leave to appeal involve similar question of fact and law, they are disposed of by this single j......action. The above appeal and the civil petition of leave to appeal are accordingly dismissed without any order as to costs. Ed. This Case is also Reported in: 4LG (2007) AD 239. ......f 1994 reversing the judgment and decree dated 10-03-1994 passed by the Court of Assistant Judge, Birampur, Dinajpur in Other Class Suit No. 20 of 1993 decreeing the suit. 3. The plaintiffs filed the aforesaid suit (Other Suit No. 20 of 1993) in the court of the Ass..Category: Property Law | Date: | Hits: 23
Md. Ekabbar Hajra and others Vs. Salamat Hajra, 2007, 36 CLC (AD)
....itioners. Syed Amirul Islam, Advocate, instructed by Mahmuda Begum, Advocate-on-Record-For Respondent No. 11. Not represented- Respondent Nos.1-10 & 12-38. Civil Petition for Leave to Appeal No. 605 of 2005. (From the judgment and order dated 09.08.2004 passed by......w of the discussion made above, we do not find any substance in this petition. The petition is accordingly dismissed. Ed. This Case is also Reported in: V ADC (2008) 430. ......nt Nos.1 to 13 instituted Title Suit No.107 of 1988 renumbered as Title Suit No.32 of 1991 for declaration that the deed of sale dated 14.07.1937 by Abdul Karim Hajra predecessor-in-interest of the plaintiffs and proforma-defendants purported to have been executed in favour of the defendant ..Category: Property Law | Date: | Hits: 19
Basiruddin Vs. Md. Moslem Uddin and others, 2007, 36 CLC (AD)
....rul Islam Bhuiyan, Advocate-on-Record- For the Petitioner. Syed Mahbubur Rahman, Advocate-on-Record-For Respondent No. 1. Not represented- Respondent Nos. 2-5. Civil Petition for Leave to Appeal No. 199 of 2006. (From the judgment and order dated the 23rd March, 2005......d no substance in the submissions of the learned Advocate for petitioners. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: V ADC (2008) 426. ......al District Judge, Rangpur in Title Appeal No. 141 of 1986 reversing those dated 29.05.1986 of the Munsif, 2nd Court, Sadar, Rangpur, in Other Suit No. 354 of 1981. 2. The respondent No.1 as plaintiff instituted Other Suit No. 354 of 1981 in the Court of the then 2nd Munsif, Sadar, R..Category: Property Law | Date: | Hits: 19
Taher Ali Vs. Ali Mohammad, 2006, 35 CLC (AD)
....06. Lawyers Involved: Md. Aftab Hossain, Advocate-on-Record-For the Petitioners. Md. Nawab Ali, Advocate-on-Record-For the Respondent. Civil Petition for Leave to Appeal No.758 of 2005. (From the Judgment and Order dated April 12, 2005 passed......ny error in not interfering with the judgment and decree of the last Court of fact. Accordingly the petition is dismissed. Ed. This Case is also Reported in: V ADC (2008) 418. ......arayanganj in Title Suit No.40 of 1981 decreeing the same. The suit was filed seeking declaration of title in respect of the land in suit. 2. The suit was filed stating, inter alia, that the plaintiff has purchased the land in suit from Reazuddin Mia, Harmuj Mia and Taju Mia by the kabala..Category: Property Law | Date: | Hits: 22
Abdul Khaleque Vs. Shamsuddin and others, 2007, 36 CLC (AD)
....volved: Mohammad Nawab Ali, Advocate-on-Record-For the Petitioner. Muhammad Nazrul Islam, Senior Advocate, instructed by N. I. Bhuiyan Advocate-on-record- For the Respondents. Civil Petition for Leave to Appeal No. 274 of 2005 (From the judgment and order dated 5th April, 2004 passed by ......f the above, we find so substance in submissions of the learned Advocate for the petitioner. Accordingly, this petition is dismissed. Ed. This Case is also Reported in: V ADC (2008) 412. ......dge, Hobiganj in Title Appeal No.132 of 1998 affirming those dated 22.10.1998 passed by the Senior Assistant Judge-in-charge, Baniachong, Hobiganj in Title Suit No. 113 of 1997. 2. The case of the plaintiff Nos.1-4 is that they instituted Title Suit No.113 of 1997 before the Court of learned Seni..Category: Property Law | Date: | Hits: 21
M/s Haque's Bay Vs. Mrs. Jahanara Ahmed and others, 2007, 36 CLC (AD)
....bsp; Lawyers Involved: Faruque Ahmed, Advocate, instructed by Md. Aftab Hossain, Advocate-on-Record-For the Petitioner Not Represented-the Respondents. Civil Petition for Leave to Appeal No. 1350 of 2005 (From the judgment and order dated 25.6.2005 passed by ......ect decision. There is, therefore, no cogent reason to interfere with the same. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: V ADC (2008) 409. ......th Court, Dhaka in Civil Revision No.82 of 2004 and the judgment and order dated 22.1.2002 passed by the Joint District Judge, 2nd Court, Dhaka in Title Suit No. 347 of 2002 refusing to reject the plaint under Order 7, Rule 11 of the Code of Civil Procedure. 2. Facts briefly stated are th..Category: Property Law | Date: | Hits: 31
Mrs. Rawshan Ara Begum Vs. Mst. Sufia Begum, 2007, 36 CLC (AD)
.... Kazi Shahadat Hossain, Senior Advocate, instructed by Md. Nawab Ali, Advocate-on- Record-For the Petitioner. Abu Siddique, Advocate-on-Record-For the Respondent. Civil Petition for Leave to Appeal No.1159 of 2005 (From the judgment and order dated 13.7.2005 passed by t......correct decision. There is, therefore, no warrant in law to interfere with the same. The petition is accordingly dismissed. Ed. This Case is also Reported in: V ADC (2008) 407. ......in Title Suit No. 69 of 2000 dismissing the suit and sending the suit back on remand to the appellate court below for expeditious disposal of the suit after obtaining the report of DNA test of the plaintiff and the disputed child from the concerned Department of the Dhaka Medical College Hospita..Category: Civil Law | Date: | Hits: 128
Afzal Ahmed and others Vs. Ayesha Khatun and others, 2007, 36 CLC (AD)
.... Quayum, Senior Advocate, instructed by Syed Mahbubur Rahman, Advocate- on-Record- For Respondent No. 13. Not represented- Respondent Nos. 1-12 and 14-25. Civil Petition for Leave to Appeal No.133 of 2006 (From the judgment and order dated the 20th November, 200......e we find no substance in the submissions of the learned Counsel for the petitioners. Accordingly, the petition is dismissed. This Case is also Reported in: V ADC (2008) 402. ...... 1987 dismissing the appeal by affirming and modifying those dated 28.02.198 passed by the learned Munsif, 5th Court, Chittagong in Other Class Suit No.93 of 1984 dismissing the suit. 2. The plaintiffs-petitioners instituted Other Class Suit No.52 of 1976 in the 3rd Court of Subordinate J..Category: Property Law | Date: | Hits: 25
Taher Mia (Md) Vs. Md. Bazlur Rahman Siddiki and another, 2006, 35 CLC (AD)
.... Lawyers Involved: Md. Momtazuddin Fakir, Advocate instructed by AKM Shahidul Huq, Advocate-on-Record - For the Petitioner. Not represented - The Respondents. Civil Petition for Leave to Appeal No. 853 of 2004 (From the Judgment and Order dated April 5, 2004 passed ......f the discussions made hereinabove we find no substance in the petition. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: 12 BLC (AD) (2007) 105. ......int District Judge), Kishoreganj in Other Class Suit No. 69 of 1993 decreeing the same. The suit was filed seeking decree for specific performance of contract for sale of land. 2. It was the plaintiff's case that defendant No.1 proposed to sell the land shown in the schedule attached ..Category: Property Law | Date: | Hits: 23
Anwarul Azim and others Vs. Fatema Khatoon and others, 2006, 35 CLC (AD)
.... Islam J Anwarul Azim and others......Petitioners Vs. Fatema Khatoon and others.......................Respondents Judgment August 14, 2006. Civil Petition for Leave to Appeal No. 1059 of 2004. (From the Judgment and Order dated February 25, 2004 p......ound of the discussions made hereinabove we find no merit in the petition. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: 12 BLC (AD) (2007) 96. ...... acres of land on partition of the land in suit and for a declaration that the deed of gift dated August 25, 1984 in favour of the defendant No.1 was forged and fraudulent and not binding upon the plaintiffs. 2. It is the case of the plaintiffs that their predecessor Bachha Mia had three ..Category: Property Law | Date: | Hits: 37
Khairunnessa Vs. Syed Mainul Haq and others, 2005, 34 CLC (AD)
....ioner. AY Moshiuzzaman, Advocate, instructed by Md. Nawab Ali, Advocate-on-Record—For the Respondent Nos. 1-4. Not represented—Respondent Nos. 5-7. Civil Petition for Leave to Appeal No. 572 of 2004. (From the Judgment and Order dated October 28, 2003 pas......d of the discussion made hereinabove we find no substance in the petition. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: 12 BLC (AD) (2007) 82. ......Suit No. 13 of 1997 allowing an application filed under Order I, rule 10 of the Code of Civil Procedure. 2. The suit was filed seeking the decree that the defendant No.1 is a licensee of the plaintiff in respect of the property in suit as well as for khas possession of the property describ..Category: Property Law | Date: | Hits: 33
Harun-al-Rashid Mollah and others Vs. Bangladesh, 2006, 35 CLC (AD)
....45 DLR (AD) 112; 2002 BLD (AD) 42. Lawyers Involved: Md. Aftab Hossain, Advocate-on-Record - For the Petitioners. Not Represented - The Respondents Civil Petition for Leave to Appeal No. 1131 of 2004. (From the judgment and order dated 3-3-2004 passed by ......he suit land on the basis of alleged settlement and accordingly, no interference is called for. The petition is dismissed. Ed. This Case is also Reported in: 12 BLC (AD) (2007) 79. ......he judgment and decree dated 5-8-1989 passed by the Subordinate Judge (now Joint District Judge), Second Court, Dhaka in Title Suit No. 213 of 1976 dismissing the suit. 2. The petitioner, as plaintiff, filed the above suit seeking declaration of his title in the suit land as described in ..Category: Property Law | Date: | Hits: 31
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