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Sona Miah and others Vs. Abed Ali and others, 2012, 41 CLC (AD)
....ed this present civil petition for leave to appeal. 5. At the time of hearing of this civil petition Dr. Rafiqur Rahman, the learned Senior Advocate for the petitioners has frankly admitted that some other defendant-appellants also filed several civil revisions challenging the judgment and or...... final decree of the partition suit has not been passed. This civil petition for leave to appeal be disposed of with the above observation. Ed. This Case is also Reported in: 9 ADC (2012) 377.......l Assistant Judge, 1st Court, Gazipur was renumbered as Title Suit No.19 of 1992. The defendants in different sets contested in that partition suit. By the judgment and decree as aforementioned the trial court decreed that suit in preliminary form allotting a saham for 2.37 acres of land out of to......sent: Md. Muzammel Hossain CJ Surendra Kumar Sinha J Md. Abdul Wahhab Miah J Nazmun Ara Sultana J Syed Mahmud Hossain J Muhammad Imman Ali J Md. Shamsul Huda J Sona Miah and others..............................................Petitioners Vs. Abed Ali and others.....Category: Property Law | Date: | Hits: 84
Md. Hanifuddin and another Vs. Abdul Mannan and others, 2012, 41 CLC (AD)
.... for disposal of these civil petitions for leave to appeal, in short, are as follows:- One Hajee Abdul Majid filed Other Class Suit No.113 of 1995 against the Deputy Commissioner, Mymensingh and some other persons for declaration of title and confirmation of possession in 2.85 acres of land out......Court in accordance with Rules. The parties are directed to maintain status-quo in respect of the suit land till disposal of the appeals. Ed. This Case is also Reported in: 9 ADC (2012) 372.......of the government. That the plaintiff has no right, title and possession in the suit land. That the suit land has been rightly and legally leased out to different persons by the government. 4. The trial court, on consideration of the evidence adduced by all the contesting parties, and the facts a......ision (Civil) Present: Surendra Kumar Sinha J Md. Abdul Wahhab Miah J Nazmun Ara Sultana J Syed Mahmud Hossain J Muhammad Imman Ali J Md. Shamsul Huda J Md. Hanifuddin and another..................Petitioners (In Civil Petition No. 2512 of 2009) Hajee Abdul Majid....Category: Property Law | Date: | Hits: 68
Bangladesh Bank and another Vs. Sukamal Sinha Choudhury and another, 2011, 40 CLC (AD)
.... Civil Petition for leave to appeal is directed against the judgment and order dated 02.06.2010 passed by a Division Bench of the High Court Division in Writ Petition No.530 of 2009 making the rule absolute. 2. The present respondent No.1 filed the above mentioned writ petition impugning the Admi......ng several years before the promotion of the writ petitioner to the post of General Manager, it would have been illegal on the part of the Bangladesh Bank if the petitioner was promoted as per the so-called practice of seniority basis only. The learned Counsel has argued also that the impugned circu......ted earlier be extended till disposal of the appeal. This interim order shall not effect in any way retirement benefit of the respondent. Ed. This Case is also Reported in: 9 ADC (2012) 218.......b Miah J Nazmun Ara Sultana J Muhammad Imman Ali J Muhammad Mamtaz Uddin Ahmed J Bangladesh Bank represented by its Governor, Bangladesh Bank Bhaban (Head Office), Motijheel C/A, Dhaka and another……………………………………....Petitioners Vs. Mr. Sukamal Sinha Cho..Category: Employment/Service Law | Date: | Hits: 211
Nur Mohammad Bhuiyan and others Vs. Aysha Khatoon and others, 2011, 40 CLC (HCD)
.... Petitioners Vs. Aysha Khatoon and others ................................................................... Opposite Parties Judgment November 20, 2011. Result: The Rule is made absolute. Cases Referred to- Bangladesh Vs. Haji Abdul Gani Biswas and others, 32 DLR (AD) 233; ......ated 8.11.1986 of the Munsif (now Assistant Judge), First Court, Chandpur in Title Suit No. 51 of 1983 are restored. Send down the lower Courts’ records. Ed. This Case is also Reported in: ......nce as alleged in the plaint. They also took plea that the provision of section 95 A of the State Acquisition and Tenancy Act would not apply in the present case. 5. On the aforesaid pleadings the trial Court framed issues, namely, whether the deed in question was an usufructuary mortgage deed or...... Ed. This Case is also Reported in: ..Category: Property Law | Date: | Hits: 87
.................................. Petitioners
Vs.
Paschim Kawniya Khan Bari Jame Masjid and others ............. Opposite Parties
Judgment
November 29, 2011.
Result:
The Rule is made absolute.
Lawyers Involved:
Tushar Kanti Roy, Advocate - for the petitioners.
Md. Mubarak Hos......ithin six months from receipt of the judgment. No further adjournment shall be allowed at the instance of the added-defendants.
Faruque Ahmed J. - I agree.
Ed.
This Case is also Reported in:
......escribed in schedule ‘Ka’ of the plaint. Opposite party Nos. 17-24 were made defendants therein. Some of the defendants were contesting the suit by filling written statements. After conclusion of trial, the Court fixed 22.9.2010 for delivery of judgment. At that stage, the present petitioners ap......- I agree.
Ed.
This Case is also Reported in:
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Category: Procedural Law | Date: | Hits: 77
Sree Binoy Krisna Saha and others Vs. Sree Reboti Mohon Saha and others, 2011, 40 CLC (HCD)
........Petitioners Vs. Sree Reboti Mohon Saha being dead his legal heirs Sree Rathindra Mohan Saha and others ...Opposite Parties Judgment November 21, 2011. Result: The Rule is made absolute. Lawyers Involved: Md. Nurul Islam, Advocate - for the petitioners. Not represented-......rty to call for any document, recall or re-examine the witnesses and take additional evidence, if it is so required. Send down the lower Courts’ records. Ed. This Case is also Reported in: ......994 allowing the same on setting aside those dated 31.5.1994 of the Subordinate Judge (now Joint District Judge), First Court, Bogra passed in Other Suit No. 237 of 1982 and remanding the suit to the trial Court. 2. The plaintiffs [predecessors-in-interest to opposite party Nos. 1(a)-3(c)] instit...... lower Courts’ records. Ed. This Case is also Reported in: ..Category: Property Law | Date: | Hits: 66
National Board of Revenue and others Vs. Mustafizur Rahman, 2003, 22 CLC (AD)
....ion No.3453 of 1998). Judgment Mohammad Fazlul Karim J. - The appellants (writ-respondents) obtained leave against the impugned judgment and order of the High Court Division making the rule absolute declaring that the impugned Memo No.2(14) Customs-8/90/307 dated 8.2.1996 vide Annexure-C of ......ard as a packing material is required to make carton (inner and master) for packing the shrimps; that each inner carton contains 2 KG Shrimps and the said 6 inner cartons are packed in another carton called the Master carton and in this way the export is being made. Locally made duplex board is infe...... judgment with reference to the relevant provisions of the concerned SRO. In view of the above matter, the appeal is allowed without any order as to costs. Ed. This Case is also Reported in: ......also Reported in: ..Category: Fiscal/Taxation Law | Date: | Hits: 140
Government of Bangladesh and others Vs. Md. Salim Reza, 2003, 22 CLC (AD)
.... Judgment Mohammad Fazlul Karim J. - This appeal by leave arises out of judgment and order dated 7th May 2000 passed by the High Court Division in Writ Petition No.4753 of 1999 making the rule absolute. 2. The respondent filed the writ petition stating, inter alia, that appellant no.1 Govern......tained in the order of termination of the probationer but might be contained in any document referred to in the termination order or in its annexures. Obviously, such a document could be asked for or called for by any future employed of the probationer. In such a case, the order of termination would......and other benefits to the employees including the respondent. In that view of the matter, the appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: ...... Present: Mainur Reza Chowdhury CJ Mohammad Fazlul Karim J Syed JR Mudassir Husain J Abu Sayeed Ahammed J Government of Bangladesh represented by the Secretary, Ministry of Health and Family Welfare and others…………Appellants Vs. Md. Salim Reza……………………..Category: Employment/Service Law | Date: | Hits: 155
....was dismissed by the judgment and order dated 28.02.1985 vide exhibit ‘Gha’. The Appellate Division directed the present appellant (defendant No. 1 and 2 of the instant suit) to make payment of a solatium of Taka 1, 00, 000/- within 30 days from the date of the order. As such the plaintiff of th......he suit land in favour of appellants through court.
The office is directed to send down the lower Court’s record at once.
Md. Rais Uddin J. - I agree.
Ed.
This Case is also Reported in:
...... due execution of agreement by the sellor and payment of earnest money or entire consideration money. In the earlier suit those requirements have been proved and the judgment and decree passed by the trial court allowing specific performance of contract has been affirmed by the appellant Division. N......n J. - I agree.
Ed.
This Case is also Reported in:
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Category: Property Law | Date: | Hits: 113
.......................... Petitioners
Vs.
Md. Habibur Rahman and others ........................................ Opposite Parties
Judgment
November 30, 2011.
Result:
The Rule is made absolute.
Case referred to-
Abul Kalam Azad and another Vs. Sunhar Ali and others, 46 DLR (AD) 1......t. No further adjournment will be allowed at the instance of the substituted defendants.
Communicate a copy of the judgment.
Faruque Ahmed J. - I agree.
Ed.
This Case is also Reported in:
...... main issue and the previous conduct of one Mobarak Hossain or his wife Kohinoor Begum has no relevancy here. The application for acceptance of additional written statement at the concluding stage of trial is a dilatory tactic of the defendants to drag the suit and therefore, the learned Judge of th......
This Case is also Reported in:
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Category: Property Law | Date: | Hits: 67
Sree Nitta Nando Dey and others Vs. Nogendra Krishna Kundu and another, 2011, 40 CLC (HCD)
....rs Vs. Nogendra Krishna Kundu and another……………………………………………………………Opposite Parties Judgment November 16, 2011. Result: The Rule is made absolute. Lawyers Involved: Md. Amirul Islam with Md. Rezaul Kabir Khan Advocates - for the peti......nd Court, Munshiganj in Title Appeal No. 119 of 1994 are hereby set aside and those of the trial Court are restored. Send down the lower Courts’ records. Ed. This Case is also Reported in: ......28.9.1998 (decree signed on 5.10.1998) passed by the Subordinate Judge (now Joint District Judge), Second Court, Munshiganj in Title Appeal No.119 of 1994 allowing the same and remanding the suit for trial afresh on setting aside those dated 31.8.1994 passed by the Senior Assistant Judge, Munshiganj......nd down the lower Courts’ records. Ed. This Case is also Reported in: ..Category: Property Law | Date: | Hits: 76
S. M. Basiruddin Vs. Zahurul Islam Chowdhury and another, 1982, 11 CLC (AD)
....ame co-sharer of Rangubala. Rangubala created a lease in respect of her 2/3rd share for 99 years by a registered deed of lease dated 23-13-53 in favour of Ayesha Khatun, respondent No.2 Nafisa Khatun sold her interest to respondent No.1 by a registered sale deed dated 18-4-73. Ayesha Khatun also sol......e appeal is allowed with cost, the orders allowing preemption are set aside and the application for pre-emption is dismissed. Ed. This Case is also Reported in: 35 DLR (AD) (1983) 230. ......se. Pre-emptor relied upon the doctrine of merger and upgradation of under-raiyati on the elimination of the rent receiving interest over the vendor Moslemuddin. Pre-emption case was allowed by the trial Court and it was affirmed by the lower Appellate Court. Opposite parties moved the High Court ......nt: FKMA Munim CJ Ruhul Islam J Badrul Haider Chowdhury J Shahabuddin Ahmed J Chowdhury ATM Masud J S. M. Basiruddin………………Appellant Vs. Zahurul Islam Chowdhury and another…………………Respondents Judgment December 14, 1982. Result: The appe..Category: Property Law | Date: | Hits: 85
Wali Ullah Vs. Shaheda Begum and others, 2011, 40 CLC (HCD)
....Subordinate Judge heard the application and rejected the same by order dated 10.4.1991 and thereby maintained the earlier order dated 21.3.1991. The learned Judge passed his order on the following reasons: "নথি দৃষ্টে দেখা যায় যে, বাদী নালিশ......ged, however, without any order as to costs. The order of stay passed at the time of issuance of the Rule, is vacated. Communicate a copy of this judgment. Ed. This Case is also Reported in: ......r can be ordered. (reliance placed on Manohar Vs. Kishan, AIR 1938 Lah 10) In the present case a prima facie case of misappropriation has been made out. On an application filed by the plaintiffs, the trial Court appointed a receiver for collection of rents, to keep proper account and deposit the sam......rt High Court Division (Civil Revisional Jurisdiction) Present: Md. Ruhul Quddus J Wali Ullah…………………………………………………Petitioner Vs. Shaheda Begum and others………………………Opposite Parties Judgment March 14, 2011. Result: T..Category: Civil Law | Date: | Hits: 130
Nurul Islam and others Vs. Arif Ullah and others, 2012, 41 CLC (HCD)
....le was issued on 26.2.1984 and initially it was numbered as Civil Revision No. 24 of 1984. Subsequently it was renumbered with its present number possibly on transfer from Sylhet Bench, though the reason of such renumbering is not recorded. Today it is posted in the cause list and called for hearing......of 1984. Subsequently it was renumbered with its present number possibly on transfer from Sylhet Bench, though the reason of such renumbering is not recorded. Today it is posted in the cause list and called for hearing, but no one appears for either of the parties. In view of its long pendency for m......Accordingly the Rule is discharged. The order of status quo granted earlier at the time of issuance of Rule is vacated. Communicate a copy of the judgment. Ed. This Case is also Reported in: ...... Communicate a copy of the judgment. Ed. This Case is also Reported in: ..Category: Property Law | Date: | Hits: 70
Md. Shahar Ali and others Vs. Sree Sailesh Chandra Sen and others, 2012, 41 CLC (HCD)
....y Sarker took settlement of the suit land and possessed the same for more than twelve years. Thereafter, the said Ram Joy Sarker transferred the suit land to Hiran Chandra and Suresh Chandra, predecessors-in-interest to the plaintiffs. Earlier they had instituted Other Class Suit No. 38 of 1988 in t...... the Rule is discharged. The ad interim order of status quo passed earlier at the time of issuance of the Rule is vacated. Communicate a copy of the judgment. Ed. This Case is also Reported in: ......son to be aggrieved by the order of temporary injunction. The Rule should be discharged on that count as well, he concludes. 8. I have gone through the record and examined the impugned orders. The trial Court passed the order of temporary injunction on the reason that the plaintiffs’ predecesso......mmunicate a copy of the judgment. Ed. This Case is also Reported in: ..Category: Property Law | Date: | Hits: 84
Ismail Vs. State, 2009, 38 CLC (HCD)
....diction) Present: Mashuque Hosain Ahmed J Ismail…………… Convict-Petitioner Vs. The State……… Opposite party Judgment April 30, 2009. Result: The rule is made absolute. Lawyers Involved: Hamida Chowdhury, Advocate - For the Convict-Petitioner. Maksuda ......the Metropolitan Magistrate, Dhaka is set aside and the convict-appellant–petitioner is discharged from his bail bond. Send down the L.C. record at once. Ed. This Case is also Reported in: ......on and the F.I.R. was lodged alleging offences under section 419/420/467/468/471 of the Penal Code read with section 3 of the Passport Act. 3. The learned Metropolitan Magistrate, Dhaka, being the trial Court took cognizance of the offence and the case was registered as G.R. Case No.3472/1987 and...... of 2005. Judgment Mashuque Hosain Ahmed J. - This instant Criminal Revision is preferred under section 439 read with section 435 of the Code of Criminal Procedure against the impugned judgment and order of conviction and sentence dated 06.11.1994 passed by the Additional Sessions Judge, 3rd C..Category: Criminal Law | Date: | Hits: 92
Md. Rejaul Haque @ Ezaul Vs. State, 2011, 40 CLC (HCD)
....ing out of Jibannagar P.S. Case No. 3 dated 16.11.1998 corresponding to G.R. Case No. 243 of 1993 convicting the appellant under section 19A of the Arms Act and sentencing him to suffer rigorous imprisonment for 10 (ten) years. 2. The Prosection Case, in short, is that, on 16.11.1999 the informan......ed in any other case. Send down the Lower Court Records along with a copy of this judgment and order at once. Md. Afzal Hossain Ahmed J. - I agree. Ed. This Case is also Reported in: ......r investigation of the case police submitted charge sheet against the accused appellant under section 19 (a) and (f) of the Arms Act. The case record was then transferred to the Court of Sessions for trial. 4. Learned Senior Special Tribunal, Chuadanga on receipt of the case record registered and......Salam Mondal, Deputy Attorney General - For the State respondent. Criminal Appeal No. 2890 of 1999. Judgment Md. Nuruzzaman, J. - The instant Criminal Appeal is directed against the judgment and order of conviction dated 31.10.1999 passed by the Special Tribunal No.1, Chuadanga in Special T..Category: Criminal Law | Date: | Hits: 95
Md. Masuk Miah and others Vs. Md. Foyzur Rahman and others, 2012, 41 CLC (AD)
....ing advantage of the absence of the plaintiffs, completed the boundary wall leaving the suit second schedule land out side the boundary. Hence, the plaintiffs instituted the suit. 4. The predecessor of the present petitioner, namely defendant No.1, and proforma respondent Nos.17-25 whose pred...... prepare the paper books out of Court in accordance with Rule. The order of stay granted earlier is extended till disposal of the appeal. Ed. This Case is also Reported in: 9 ADC (2012) 242.......l. 5. Upon hearing 8 (eight) witnesses in support of the plaintiffs' case and 6 (six) witnesses in support of the defendant No.1's case and after considering the oral and documentary evidence, the trial Court decreed the suit by judgment and order dated 29.05.2000 on the ground that the plaintiff......on (Civil) Present: Md. Muzammel Hossain CJ Surendra Kumar Sinha J Md. Abdul Wahhab Miah J Nazmun Ara Sultana J Syed Mahmud Hossain J Muhammad Imman Ali J Md. Masuk Miah and others.....................................Petitioners Vs. Md. Foyzur Rahman and others…..Category: Property Law | Date: | Hits: 87
Zillul Haq and others Vs. Maloti Bala Dey & others, 1998, 27 CLC (HCD)
....ge Sylhet praying for a declaration that the orders dated 13-11-1976 and 16-4-1977 passed in Miscellaneous Case No.20 of 1976 by the ADC (Revenue) Sylhet are illegal and without jurisdiction and also for a permanent injunction restraining the defendant-opposite parties from interfering with her ...... for his perusal and necessary action. The order of stay earlier granted by this Court stands vacated. Send down the LCR at once. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 367....... Government they have been possessing the suit land along with others and the plaintiff has no title and possession in the suit property and, as such, the suit is liable to be dismissed. 5. At the trial, the plaintiff examined 7 witnesses and exhibited a series of documents in support of her clai......he LCR at once. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 367...Category: Property Law | Date: | Hits: 88
Abul Kashem Vs. State, 1997, 26 CLC (HCD)
....rt No.1 Bogra, in Special Case No.32 of 1990 convicting the appellant under section 19A of the Arms Act read with section 14 of the Special Powers Act, 1974 and sentencing him to suffer rigorous imprisonment for 7 (seven) years. 2. Prosecution case briefly, stated is this Police arrested appellan......d. Impugned conviction and sentence as aforesaid are set aside. Appellant Abul Kashem @ Kasum @ Kashu is discharged from his bail bond. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 356.......d. Impugned conviction and sentence as aforesaid are set aside. Appellant Abul Kashem @ Kasum @ Kashu is discharged from his bail bond. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 356.......e Appellant. Syed Abu Kowser, Assistant Attorney-General - For the State. Criminal Appeal No.817 of 1991. Judgment Mohammad Gholam Rabbani J.- This appeal is directed against the judgment and order dated 28-5-1991 passed by the learned Special Tribunal Judge, Court No.1 Bogra, in Special..Category: Criminal Law | Date: | Hits: 94
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