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Waez Uddin and others Vs. Anwara Begum and others, 2006, 35 CLC (AD)

.... the High Court Division so as to call for any interference from this Division. Accordingly the petition is dismissed. Ed. This Case is also Reported in: IV ADC (2007) 661. ......se is also Reported in: IV ADC (2007) 661. ...... the High Court Division so as to call for any interference from this Division. Accordingly the petition is dismissed. Ed. This Case is also Reported in: IV ADC (2007) 661. ......al No.726 of 1994 reversing those of dated 29.9.1984 passed by the learned Munsif (now Assistant Judge), Rangunia, Chittagong in Other Suit No. 110 of 1982 decreeing the suit in part. 2. The plaintiff, the predecessor of the petitioners, instituted the above Other Suit No.110 of 1982 for d..

Category: Civil Law | Date: | Hits: 83

Md. Shamsul Haque and another Vs. Md. Abdul Jalil Khan and others, 2006, 35 CLC (AD)

....to differ with the above findings of the High Court Division. This petition merits no consideration. Accordingly, it is dismissed. Ed. This Case is also Reported in: IV ADC (2007) 658. ......Appellate Division (Civil) Present: Syed J.R. Mudassir Husain CJ Mohammad Fazlul Karim J Amirul Kabir Chowdhury J Md. Joynul Abedin J Md. Shamsul Haque and another………………Petitioners Vs. Md. Abdul J......to differ with the above findings of the High Court Division. This petition merits no consideration. Accordingly, it is dismissed. Ed. This Case is also Reported in: IV ADC (2007) 658. ......t and order dated 26-06-2002 passed by a Single Bench of the High Court Division in Civil Revision No. 3458 of 1997 making the Rule absolute. 2. Facts, leading to this petition, are that the plaintiff-respondent instituted Other Class Suit No. 109 of 1985 praying for permanent injunction r..

Category: Property Law | Date: | Hits: 23

Abdus Sukkur and others Vs. Mohammad Younus and others, 2006, 35 CLC (AD)

....ackground of the discussions made hereinabove we find no merit in the Petition. Accordingly the petition is dismissed. Ed. This Case is also Reported in: IV ADC (2007) 654. ......2007) 654. ......ackground of the discussions made hereinabove we find no merit in the Petition. Accordingly the petition is dismissed. Ed. This Case is also Reported in: IV ADC (2007) 654. ......e same. 2. The suit was filed seeking separate saham of 34 decimals of land on partition of 1.14 acres of land. The appellate Court upon allowing the appeal passed a decree in favour of the plaintiff allotting separate saham for 34 decimals of land from the land described in the schedule ..

Category: Property Law | Date: | Hits: 24

Water Supply and Sewerage Authority (WASA) and another Vs. Md. Abdus Sobhan, 2006, 35 CLC (AD)

....o error in making the Rule absolute and as such no interference is called for. Accordingly the petition is dismissed. Ed. This Case is also Reported in: IV ADC (2007) 646. ...... Appellate Division (Civil) Present: Md. Ruhul Amin J Md. Tafazzul Islam J Water Supply and Sewerage Authority (WASA) and another……….Petitioners Vs. Md.......o error in making the Rule absolute and as such no interference is called for. Accordingly the petition is dismissed. Ed. This Case is also Reported in: IV ADC (2007) 646. ......ment and decree dated September 25, 1994 of the 2nd Court of Assistant Judge, Dhaka in Title Suit No. 19 of 1993 decreeing the same and thereupon directing the defendants to reinstate the plaintiff in his post with effect from September 20, 1990 within 45 days with the benefits and all..

Category: Employment/Service Law | Date: | Hits: 64

Khondker Ansar Ahmed & others Vs. A.T.M. Monsur Ali Mallik & others, 2007, 36 CLC (AD)

.... cogent reason to interfere with the same. Both the appeals are, therefore, dismissed with costs at all stages. Ed. This Case is also Reported in: IV ADC (2007) 640, 19 BLT (AD) (2011)129. ......ate-on- Record-For the Appellants. Mahbubey Alam, Senior Advocate, instructed by Md. Nawab Ali, Advocate-on-Record-For the Respondents. Civil Appeal Nos. 117-118 of 1998 (From the judgment and order dated 13.08.1995 passed by the High Court Division in Civil Revision No. 1222 of 1981 with...... cogent reason to interfere with the same. Both the appeals are, therefore, dismissed with costs at all stages. Ed. This Case is also Reported in: IV ADC (2007) 640, 19 BLT (AD) (2011)129. ......of 1981 and allowing the Second Appeal No.116 of 1979 and thereby decreeing both the Title Suit Nos. 984 of 1962 and 134 of 1964. 2. Title Suit Nos. 134 of 1964 and 984 of 1962 were filed by the plaintiff respondents in the 1st Court of Assistant Judge, Khulna for ejectment of the defendant app..

Category: Property Law | Date: | Hits: 34

Hazi Habibur Rahman @ Hazi Md. Habibur Rahman Vs. Ayub Ali Sawdagar, 2006, 35 CLC (AD)

.... do not find any substance in the submission of the learned Advocate for the petitioner. The petition is dismissed. Ed. This Case is also Reported in: 12 MLR (AD) 2007, 14. ......slam J Amirul Kabir Chowdhury J Hazi Habibur Rahman @ Hazi Md. Habibur Rahman................... Petitioner Vs. Ayub Ali Sawdagar being dead his heirs Most Kamrun Nahar and others ………………Respondents Judgment Januar...... do not find any substance in the submission of the learned Advocate for the petitioner. The petition is dismissed. Ed. This Case is also Reported in: 12 MLR (AD) 2007, 14. ...... 1908), Section 5 The Code of Civil Procedure, 1908 (V of 1908), Order XXII, rule (2) Substitution of heirs where the right to sue survives after death either of the plaintiff or of the defendant, even though the period of limitation expires for such substitution, ..

Category: Procedural Law | Date: | Hits: 75

Md. Rabiul Awal @ Sohel Miah Vs. Md. Abdur Rab @ Abdur Rab, 2007, 36 CLC (AD)

....issions of the learned Counsel appearing for the petitioner. 17. Accordingly, the petition is dismissed without any order as to costs. Ed. This Case is also Reported in: 13 MLR (AD) 2008, 221.......ate, instructed by Chowdhury Md. Zahangir, Advocate-on- Record- For the Appellant. Not Represented- For the Respondent. Civil Petition for Leave to Appeal No. 258 of 2005 (From the judgment and order dated 14th December, 2004 passed by the High Court Division in Civil Revision No.1931 of 2......issions of the learned Counsel appearing for the petitioner. 17. Accordingly, the petition is dismissed without any order as to costs. Ed. This Case is also Reported in: 13 MLR (AD) 2008, 221.......7, Dhaka in Title Appeal No.153 of 1999 affirming those dated 08.03.1999 passed by the Subordinate Judge, Arbitration Court, Dhaka in Title Suit No.51 of 1997decreeing in part. 2. One Abdur Rab as plaintiff on 17.11.1990 instituted Title Suit No.388 of 1990 in the First Court of Assistant Judge a..

Category: Tenancy Law | Date: | Hits: 180

A.F.M. Wahid Shahjahan Vs. Subordinate Judge , 3rd Court Dhaka & or, 2007, 36 CLC (AD)

.... of the discussion made hereinabove we find no merit in the petition. 14. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: 13 MLR (AD) 2008, 203. ...... Ruhul Amin CJ M.M. Ruhul Amin J Md. Hassan Ameen J A.F.M. Wahid Shahjahan.........Petitioner Vs. Subordinate Judge (now Joint District Judge), 3rd Court Dhaka and other……………Respondents Judgment August 2, 2007. ...... of the discussion made hereinabove we find no merit in the petition. 14. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: 13 MLR (AD) 2008, 203. ......o.26 dated June 14,1999 passed by the learned Subordinate Judge (now Joint District Judge), 3rd Court, and Artha Rin Adalat, Dhaka in Money Suit No. 59 of 1992 allowing an application filed by the plaintiff for direction upon the defendants to supply the particulars of the heirs of the deceased ..

Category: Civil Law | Date: | Hits: 105

Maruf Hossain (Swopon) Vs. Diljan Bibi and others, 2007, 36 CLC (AD)

....rmity in the decision of the High Court Division so as to call for any interference. 6. The petition is dismissed. Ed. This Case is also Reported in: 13 MLR (AD) 2008, 196. ...... (Civil) Present: Mohammad Fazlul Karim J Md. Tafazzul Islam J Md. Joynul Abedin J Maruf Hossain (Swopon)........Petitioner Vs. Diljan Bibi and others........Respondents Judgment May 27, 2007. Lawyers Involved: ......rmity in the decision of the High Court Division so as to call for any interference. 6. The petition is dismissed. Ed. This Case is also Reported in: 13 MLR (AD) 2008, 196. ......r leave to appeal is directed against the judgment and order dated 2.3.2005 of the High Court Division passed in Civil Revision No. 4260 of 2002 discharging the Rule. 2. The respondents, as plaintiffs, instituted Title Suit No. 24 of 2001 in the 2nd Court of Joint District Judge, Dhaka f..

Category: Property Law | Date: | Hits: 23

Ratan Chandra Dey and others Vs. Jinnator Nahar and others, 2007, 36 CLC (AD)

....n of the High Court Division so as to call for any interference. 7. The petition is dismissed. Ed. This case is also Reported in: 61 DLR (AD) (2009) 116; 13 MLR (AD) 2008, 168. ......MLR (AD) 2008, 168. ......n of the High Court Division so as to call for any interference. 7. The petition is dismissed. Ed. This case is also Reported in: 61 DLR (AD) (2009) 116; 13 MLR (AD) 2008, 168. ......n Title Appeal No.14 of 1991 reversing those of dated 29.11.1990 of the Assistant Judge, 3rd Additional Court, Sadar, Noakhali passed in Title Suit No.515 of 1983 decreeing the suit. 2. The plaintiff-petitioners, along with others, filed the above Title Suit No.515 of 1983 for declaration..

Category: Property Law | Date: | Hits: 33

Dewan Shamsul Abedin, Mutwalli of Dewan Aftebur Reza Chy Waqf Estate Vs. BD, 2007, 36 CLC (AD)

....ns of the learned advocate for the petitioner. Accordingly, the petition is dismissed. Ed. This case is also Reported in: 61 DLR (AD) (2009) 118; 13 MLR (AD) 2008, 163. ......ge: Tegharia, Police Station: Sunamgonj Sadar, District-Sunamgonj....Petitioner Vs. Government of the People's Republic of Bangladesh represented by the Deputy Commissioner, Sunamgonj and others........Respondents Judgment December 10, 2007. Case Referred To- ......ns of the learned advocate for the petitioner. Accordingly, the petition is dismissed. Ed. This case is also Reported in: 61 DLR (AD) (2009) 118; 13 MLR (AD) 2008, 163. ......ed from time to time by the Government. Thereafter cancelled the said lease by the Memo No. S.A./Char-1/95/1986 dated 05.07.1995 on the ground of non-payment of rent from 1395 B.S. to 1401 B.S. The plaintiff petitioner then filed writ petition No.1540 of 1995 challenging tie said cancellation ord..

Category: Property Law | Date: | Hits: 50

Fatema Jinnah Multilateral Girls High School Vs. Aradhana Chowdhury & others, 2007, 36 CLC (AD)

.... correct decision. There is no cogent reason to interfere with the same. Accordingly, the leave petition is dismissed. Ed. This case is also Reported in: 13 MLR (AD) 2008, 143. ......ul Amin CJ MM Ruhul Amin J Md. Tafazzul Islam J Md. Hassan Ameen J Fatema Jinnah Multilateral Girls High School, represented by its Chairman-Upazila Nirbahi Officer, Chandanaish, District-Chittagong............Petitioner Vs. Aradhana Chowdhury & othe...... correct decision. There is no cogent reason to interfere with the same. Accordingly, the leave petition is dismissed. Ed. This case is also Reported in: 13 MLR (AD) 2008, 143. ......t Division rejected the application for vacating the order of stay granted earlier and also directed the defendant-petitioner No.1 and defendant-opposite party No.2 to pay 50% of the salary to the plaintiff-opposite party No.1 applicant (during the period of suspension) from July, 2005 and conti..

Category: Employment/Service Law | Date: | Hits: 83

Abdul Hai and other Vs. Chan Banu Bibi, 2007, 36 CLC (AD)

....mity in the decision of the High Court Division so as to call for any interference. 8. The petition is dismissed. Ed. This case is also Reported in: 13 MLR (AD) 2008, 129. ...... Supreme Court Appellate Division (Civil) Present: Md. Ruhul Amin CJ M.M.Ruhul Amin J Md. Tafazzul Islam J Md. Hassan Ameen J Abdul Hai and other.........Petitioners Vs. Chan Banu Bibi..................Respondent Ju......mity in the decision of the High Court Division so as to call for any interference. 8. The petition is dismissed. Ed. This case is also Reported in: 13 MLR (AD) 2008, 129. ......under Order 7 Rule 11 CPC. 2. The petitioners filed the above Other Class Suit No.182 of 2000 praying for permanent injunction on the averments that Salimuddin Mondal, the predecessor of the plaintiffs, by Deed of Sale No.8349 dated 27.3.1975 purchased the suit land from the original owner..

Category: Property Law | Date: | Hits: 60

Md. Wali Miah and others Vs. Musammat Halima Begum and others, 2004, 33 CLC (AD)

....as not been able to prove his case and as such we find no reason to interfere with the same. Accordingly, the petition is dismissed. Ed. This case is also Reported in: 13 MLR (AD) 2008, 116. ......dismissed. Ed. This case is also Reported in: 13 MLR (AD) 2008, 116. ......as not been able to prove his case and as such we find no reason to interfere with the same. Accordingly, the petition is dismissed. Ed. This case is also Reported in: 13 MLR (AD) 2008, 116. ......s directed against the judgment and order dated 11.02.2002 (passed by a Single Bench of the High Court Division in Civil Revision No.4088 of 1991 discharging the Rule. 2. Short facts are that the plaintiffs proposed to mortgage 10 gondas of land of Plot No. 53 of C.S. Khatian No. 75 of Mouza Kor..

Category: Tenancy Law | Date: | Hits: 174

Md. Sirajul Haq Vs. Md. Abdul Halim and another, 2007, 36 CLC (AD)

....the discussion made above, we do not find any merit in this petition. The petition is dismissed. Ed. This case is also Reported in: 13 MLR (AD) 2008, 114. ...... Present: Mohammad Fazlul Karim J Md. Tafazzul Islam J Amirul Kabir Chowdhury J Md. Sirajul Haq...........................Petitioner Vs. Md. Abdul Halim and another.............Respondents Judgment March 18, 2007. &......the discussion made above, we do not find any merit in this petition. The petition is dismissed. Ed. This case is also Reported in: 13 MLR (AD) 2008, 114. ...... decree dated 30.01.2000 passed by the learned Senior Assistant Judge, Sadar, Mymensingh in Suit No.1 of 1998. 2. The respondent No.1 as plaintiff instituted above suit stating, inter alia, that the suit shop was let out to the father ..

Category: Property Law | Date: | Hits: 31

Md. Rezaul Ahsan Vs. Salamat Miah Wakf Estate, 2007, 36 CLC (AD)

....we do not find any substance in the submissions of the learned Advocate for the petitioner. Accordingly, this petition is dismissed. Ed. This case is also Reported in: 13 MLR (AD) 2008, 110. ......Fazlul Karim J Amirul Kabir Chowdhury J Md. Joynul Abedin J Md. Rezaul Ahsan.................Petitioner Vs. Salamat Miah Wakf Estate, represented by the Mutwalli Amir Sultan Ali Haider and others................Respondents Judgment May 3, 2007. Lawyers Involved: Mahbubey A......we do not find any substance in the submissions of the learned Advocate for the petitioner. Accordingly, this petition is dismissed. Ed. This case is also Reported in: 13 MLR (AD) 2008, 110. ......on in Civil Revision No.1541 of 2001 making the Rule absolute with a direction to evict the present petitioner from the suit premises. 2. The relevant facts of the case are that the respondents as plaintiffs filed S.C.C. Suit No. 13 of 1996 for ejectment of monthly tenant from the suit premises a..

Category: Tenancy Law | Date: | Hits: 184

Md. Miksar Ali Dewan and others Vs. Dares Ali Mondal and others, 2007, 36 CLC (AD)

.... In the background of the discussion made hereinabove we find no merit in the petition. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: 13 MLR (AD) 2008, 105. ......se is also Reported in: 13 MLR (AD) 2008, 105. ...... In the background of the discussion made hereinabove we find no merit in the petition. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: 13 MLR (AD) 2008, 105. ......ass Suit No.104 of 1994 dismissing the same. 2. The suit was filed seeking declaration of title in respect of the property mentioned in the schedule attached to the plaint. 3. The case of the plaintiff, in short, is that the property described in the schedule attached to the plaint was owned..

Category: Property Law | Date: | Hits: 29

Khorshed Alam (Md) Vs. Hazi Mohiuddin and others, 2007, 36 CLC (AD)

....cogent ground for interference in the impugned judgment. Accordingly, both the civil petitions are dismissed. Ed. This Case is also Reported in: 13 BLC (AD) (2008) 72. ...... Khorshed Alam (Md).....................Petitioner Vs. Hazi Mohiuddin and others.............Respondents Judgment February 18, 2007. Lawyers Involve......cogent ground for interference in the impugned judgment. Accordingly, both the civil petitions are dismissed. Ed. This Case is also Reported in: 13 BLC (AD) (2008) 72. ...... Syed JR Mudassir Husain CJ.- Delay is condoned. Since these two leave-petitions by the same plaintiff arise out of a common judgment and order dated 16-4-2005 passed in two Civil Revision Cas..

Category: Procedural Law | Date: | Hits: 86

Gopal Das Soni and another Vs. Government of Bangladesh and others, 2002, 31 CLC (AD)

....quite in accordance with law and suffers from no infirmity and illegality. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: 13 BLC (AD) (2008) 69. ......69. ......quite in accordance with law and suffers from no infirmity and illegality. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: 13 BLC (AD) (2008) 69. ...... Md. Ruhul Amin J. - Delay of 17 days is condoned. This petition for leave to appeal is by the plaintiff-petitioners against the judgment and order dated August 14, 2000 of the High Court Divisi..

Category: Property Law | Date: | Hits: 27

State Vs. Sailendra Chandra Borman, 2008, 37 CLC (AD)

.... civil suit cannot bar the proceedings of criminal case for criminal offence. The appeal is accordingly, allowed. Ed. This Case is also Reported in: 13 BLC (AD) (2008) 65; 16 BLT (AD) 265. ......slam J Md. Abdul Matin J State..........Appellant Vs. Sailendra Chandra Borman..................Respondent Judgment ...... civil suit cannot bar the proceedings of criminal case for criminal offence. The appeal is accordingly, allowed. Ed. This Case is also Reported in: 13 BLC (AD) (2008) 65; 16 BLT (AD) 265. ...... Kumarkhali for declaration that the Kabala deed No. 4115 dated 30-6-1992 is illegal, collusive, fraudulent and not binding upon him. Against the judgment and decree of the Title Suit No. 4 of 1993 plaintiff filed Title Appeal No.47 of 1993 which is still pending. It is alleged that taking of cog�..

Category: Criminal Law | Date: | Hits: 63

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