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Md. Hyder Ali Mia Vs. Razia Begum and others, 2006, 35 CLC (AD)
....e dated 13-3-1986 passed in Other Class Suit No. 46 of 1986 was set aside and thereby the above suit was restored to its original file and number. 2. The appellant instituted the above suit for specific performance of contract and on obtaining ex parte decree dated 10-3-1986 got a sale de......on to interfere with the above decision. So, the appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: 12 BLC (AD) (2007) 75; 12 BLC (AD) (2007) 75. ......n 19-6-1985, i.e. before service of summons, she left Bangladesh for her father's residence at Peshawar in Pakistan and her husband, defendant No. 2, was untraceable since December, 1985. The plaintiff contested the above miscellaneous case asserting that summons were duly served upon the d..Category: Property Law | Date: | Hits: 33
KM Zahirul Haque Vs. Shahida Khanam and others, 2006, 35 CLC (AD)
.... Ahmed sold the property so obtained by lease to Mrs. Anowara Begum (plaintiff's vendor) on July 25, 1981 and she entered into an agreement with the plaintiff on July 13, 1987 to sell the property for a consideration of Taka 50,000 and upon receiving Taka 45,000 out of the total consideration mo......ons made hereinabove we find merit in the appeal. Accordingly, the appeal is allowed without any order as to costs. Ed. This Case is also Reported in: 12 BLC (AD) (2007) 65. ......sistant Judge, Dhaka in Title Suit No. 219 of 1992/39 of 1993 decreeing the suit and thereupon declaring the decree dated April 26, 1989 obtained in title Suit No. 291 of 1985 is not binding on the plaintiff. 2. The suit was filed seeking the following relief: 3. The suit was filed ..Category: Property Law | Date: | Hits: 31
Mustari Bibi and others Vs. Md. Yusuf and others, 2006, 35 CLC (AD)
....Senior Advocate, instructed by Nurul Islam Bhuiyan, Advocate-on-Record—For Respondent Nos. 1(a)-1(i), 3, 4, 6 and 8. Not Represented—Respondent Nos. 1(b)-1(h), 2, 5, 7 and 9. Civil Petition for Leave to Appeal No. 1054 of 2005. (From the judgment and order dated 6-3-2005 passed by the H...... day. Moreover, there is no material to substantiate the grievance. In view of the discussion made above, the petition is dismissed. Ed. This Case is also Reported in: 12 BLC (AD) (2007) 42. ......e to appeal against the judgment and decree dated 6-3-2005 passed by a Single Bench of the High Court Division in CR No. 908 of 2001. 2. The facts, in short, are that Md. Yusuf, predecessor of the plaintiff-respondents, instituted Title Suit No. 69 of 1996 in the Court of Senior Assistant Judge, ..Category: Property Law | Date: | Hits: 28
Guljan Bibi and others Vs. Md. Fazlu Miah and others, 2006, 35 CLC (AD)
....ed by AKM Shahidul Huq, Advocate-on-Record-For the Petitioners. Md. Nawab Ali, Advocate-on-Record-For Respondent Nos. 1-6. Not represented-Respondent Nos.7-68. Civil Petition for Leave to Appeal No. 397 of 2005. (From the judgment and Order dated May 12, 2004 passed ......t in error in holding that the plaintiffs' suit was barred by limitation. Accordingly the petition is dismissed. Ed. This Case is also Reported in: 12 BLC (AD)(2007) 18. ...... 1992/295 of 1989 dismissing the same. The suit was filed seeking redemption of an usufructuary mortgage dated 26-12-1927. 2. The suit was filed on September 27, 1989. It was the case of the plaintiffs, that land measuring 2.53 acres belonged to 4 brothers, by name Himmat Khan, Rahmat Khan..Category: Property Law | Date: | Hits: 48
Abu Asad Bhuiyan and others Vs. Abu Taher Bhuiyan and others, 2006, 35 CLC (AD)
....taining the copy of the SA and RS record came to know about the preparation of the said records in respect of the land in suit wrongly in the name of the defendant Nos.1-9 predecessor. Hence the suit for declaration of title simpliciter. 3. The suit was contested by the defendant Nos.1-9 by filin...... the discussions made hereinabove we find merit in the appeal. Accordingly, the appeal is allowed with costs. Ed. This Case is also Reported in: 12 BLC (AD)(2007) 9, 17 MLR (AD) (2012) 61. ......ourt of Senior Assistant Judge, Monohardi, Narsingdi in Title Suit No. 64 of 1996 decreeing the same against the defendant Nos. 1-9 on contest and ex parte against the rest declaring the title of the plaintiffs in respect of the land in suit and that the record of rights, i.e. SA and RS khatians, pr..Category: Property Law | Date: | Hits: 33
Md. Abul Fazal and another Vs. The State and another, 2007, 36 CLC (AD)
.... Md. Nawab Ali, Advocate-on-Record-For Respondent No. 2. Not represented- Respondent No. 1. Criminal Petition for Leave to appeal No. 09 of 2006. (From the judgment and order dated the 23rd March, 2005 ...... in the submissions of the learned Advocate for the petitioner. Accordingly, the leave petition is dismissed. Ed. This Case is also Reported in: V ADC (2008) 355. ...... in the submissions of the learned Advocate for the petitioner. Accordingly, the leave petition is dismissed. Ed. This Case is also Reported in: V ADC (2008) 355. ..Category: Criminal Law | Date: | Hits: 31
Bangladesh, Gas Fields Co. Ltd. Vs. Md. Fariduddin Ahmed and ors., 2007, 36 CLC (AD)
....ngladesh Oil, Gas and Mineral Corporation Ordinance, 1985, and after completion of the probation period he was confirmed in his service vide letter dated 22.6.1982; although there was no age limit for retirement in the Public Corporations (Management Co-ordination) Ordinance 1986, but by th......serial No.22 and accordingly the appellant, an enterprise of the respondent No. 4, a scheduled establishment, is to follow the provisions of the said Ordinance of 86 and all subsequent amendments including amending Act 1994 but inspite of that the appellants illegally did not allow t...... Division did not commit any error in discharging the Rule. Accordingly both the appeals are dismissed with costs. Ed. This Case is also Reported in: V ADC (2008) 324. ..Category: Employment/Service Law | Date: | Hits: 90
Shawkat Ali Khan Vs. Ahmed Ali and others, 2006, 35 CLC (AD)
....ohammad Ozair Farooq, Senior Advocate, instructed by Md. Nawab Ali, Advocate-on-Record-For the Petitioners. Md. Aftab Hossain, Advocate-on-Record-For the Respondents. Civil Petition for Leave to Appeal No. 682 of 2005. (From the Judgment and Order dated November 24, 2004 pa......f document. In that view of the matter we find no merit in the petition. Accordingly the petition is dismissed. Ed. This Case is also Reported in: V ADC (2008) 315. ......p; 4. Decree for partition in Title Suit No. 102 of 1990 was prayed for on the basis of the kabala No. 5649 dated 19.6.1969. In the said suit plaintiff of Title Suit No.82 of 1991 was one of the defendants. Title Suit No.82 of 1991 wherein S..Category: Property Law | Date: | Hits: 21
Abdur Rahman & others Vs. Government of Bangladesh, 2006, 35 CLC (AD)
.... Civil Appeal No. 81 of 1999 allowing the appeal. 2. Short facts are that the plaintiff filed Title Suit No. 196 of 1977 in the 2nd Court of Munsif (now Assistant Judge), Gazipur Sadar for a decree for permanent injunction restraining the principal defendants from entering int......wered in our judgment. We find no cogent reason to review the same. Accordingly, the review petition is dismissed. Ed. This Case is also Reported in: V ADC (2008) 310. ......Ruhul Amin J. - By this petition the petitioner seeks review of this Court's judgment dated 08.03.2005 passed in Civil Appeal No. 81 of 1999 allowing the appeal. 2. Short facts are that the plaintiff filed Title Suit No. 196 of 1977 in the 2nd Court of Munsif (now Assistant Judge), ..Category: Property Law | Date: | Hits: 31
Government of Bangladesh Vs. Abdul Aziz and others, 2006, 35 CLC (AD)
....p; Not represented-the Respondents. Civil Petition for Leave to Appeal No. 620 of 2004. (From the judgment and order dated 15th July, 2002 pass...... and there is no cogent reason to interfere with the judgment sought to be appealed against. The petition is dismissed. Ed. This Case is also Reported in: V ADC (2008) 301. ...... in Title Suit No. 93 of 1985 decreeing the suit. 2. The respondents filed the above suit for declaration of their easement right over the land described in the second schedule of the plaintiff and also for permanent injunction restraining the defendant Nos. 1-4 from interfering wit..Category: Property Law | Date: | Hits: 19
Md. Shahidur Islam and others Vs. Md. Habibur Rahman and others, 2007, 36 CLC (AD)
.... the Petitioners. Mahbubey Alam, Senior Advocate, instructed by Sufia Khatun, Advocate-on-Record-For Respondent Nos. 1-20. Not Represented - Respondent No. 21. Civil Petition for Leave to Appeal No. 950 of 2005. (From the judgment and decree dated the 4th July, 2005 ...... the submissions of the learned Advocate for the petitioner. Accordingly, the petition for leave to appeal is dismissed. Ed. This Case is also Reported in: V ADC (2008) 289. ......al No. 334 of 1998 allowing the title appeal reversing those dated 31.08.1998 in Title Suit No. 9 of 1991 of the Subordinate Judge, 4th Court, Dhaka decreeing the suit. 2. The respondents as plaintiffs instituted the Title Suit No.9 of 1991 in the Court of Subordinate Judge, 4m Court, Dhak..Category: Property Law | Date: | Hits: 24
Sylvia Akter Nazma Vs. M. M. Ishak, 2006, 35 CLC (AD)
....er. Not represented- the Respondent. Criminal Review Petition No. 4 of 2006 (From the judgment and order dated 11.12.2005 passed by the Appellate Division in Criminal Petition for leave to Appeal No. 240 of 2004). Judgment M.M. Ru...... the leave petition. We find no substance in the review petition. 9. Accordingly, the review petition is dismissed. Ed. The Case is also Reported in: IV ADC (2007)1009. ...... 11.12.2005 passed in Criminal petition for leave to appeal No. 240 of 2004 dismissing the petition. 2. Prosecution case, in brief, is that the present petitioner filed a petition of complaint before the Tribunal against six accused persons including M.M. Ishaq, petitioner of Criminal..Category: Criminal Law | Date: | Hits: 32
Md. Delwar Hossain Akter & another Vs. Md. Nazrul Islam Khan & others, 2006, 35 CLC (AD)
.... Judgment August 29, 2006. Lawyers Involved: Syed Mahbubur Rahmen, Advocate-on-Record-For the Petitioners. Not represented- the Respondent. Civil Petition for Leave to Appeal No. 918 of 2005. (From the judgment and order dated 08.05.2005 passed by...... is no cogent reason to interfere with the impugned judgment. The leave petition is dismissed. Ed. This Case is also Reported in: V ADC (2008) 242 ; 11 BLC (AD) (2006) 265. ......cted against the judgment and order dated 08.05.2005 passed by a Single Bench of the High Court Division in Civil Revision No.3 794 of 2000 discharging the Rule. 2. Short facts are that the plaintiffs filed Title Suit No.86 of 1991 in the 2nd Court of Senior Assistant Judge, Dhaka for dec..Category: Property Law | Date: | Hits: 32
Md. Ziarat Hossain Vs. Md. Jaher Ali and others, 2006, 35 CLC (AD)
.... August 7, 2006. Lawyers Involved: Md. Nawab Ali, Advocate-on-Record-For the Petitioner. Sufia Khatun, Advocate-on-Record-For the Respondents. Civil Petition for Leave to Appeal No. 537 of 2005. (From the judgment and order dated 4th January, 2005 pa...... or infirmity in the decision of the High Court Division so as to call for any interference. The petition is dismissed. Ed. This Case is also Reported in: V ADC (2008) 239. ......hich was obtained against the judgment and decree dated 19.8.1999 passed by the learned Senior Assistant Judge, 1st Court, Gazipur in Title Suit No. 346 of 1998 decreeing in the suit. 2. The plaintiff/petitioner filed the above suit under section 9 of the Special Relief Act praying for re..Category: Property Law | Date: | Hits: 44
Md. Abdul Muttalib Vs. Md. Abdul Wahab, 2007, 36 CLC (AD)
....te-on-Record-For the Petitioner. Syed Amirul Islam, Advocate (with M. Nurul Amin, Advocate) instructed by A. K. M. Shahidul Huq, Advocate-on-Record-For the Respondent. Civil Petition for Leave to Appeal No. 835 of 2005. (From the judgment and order dated 19.03.2005 passed by......decision. There is no cogent reason to interfere with the same. Accordingly, the leave petition is dismissed. Ed. This Case is also Reported in: V ADC (2008) 237. ......eave to appeal is directed against the judgment and order dated 19.03.2005 passed by a Single Bench of the High Court Division in Civil Revision No. 1386 of 2002 discharging the Rule. 2. The plaintiffs instituted Title Suit No. 44 of 1994 in the Court of Senior Assistant Judge, Jhenidah fo..Category: Property Law | Date: | Hits: 26
Wali Miah Sodagor Jame Masjid and Madrasha Vs. Abdul Hoque and others, 2007, 36 CLC (AD)
..... R. Khoshnabish, Advocate-on-Record-For the Petitioner. Mahmuda Begum, Advocate-on-Record-For Respondent Nos. 1 and 2. None represented- For Respondent No. 3. Civil Petition for Leave to Appeal No. 1415 of 2005. (From the order dated the 31 st August, 2005 passed by...... plaint and he having filed the suit in the name of Wali Mia Sodagar Jame Masjid and Madrasha as its Mutwalli the finding of the trial Court that nothing is said in the plain about waqf before and amendment would give rise to new cause of action which would be inconsistent with the original plai......nior Assistant Judge, Chatkhil, Noakhali in Title Suit No.43 of 2003 should not be set aside or such other or further order or orders passed as may seem fit and proper. 2. The petitioner as plaintiff filed Title Suit No. 148 of 2003 in the Court of Senior Assistant Judge, Noakhali on 04.0..Category: Property Law | Date: | Hits: 35
Harich Ahmed Vs. Wali Ullah and others, 2006, 35 CLC (AD)
.... Judgment June 26, 2006. Lawyers Involved: A.S.M. Khalequzzaman, Advocate-on-Record-For the Petitioners. Not represented- the Respondents. The Civil Petition for Leave to Appeal No. 90 of 2005. (From the Judgment and Order dated November 9, 2003 pass...... judgment of the High Court Division calling for interference by this Division. Accordingly the petition is dismissed. Ed. This Case is also Reported in: V ADC (2008) 228. ...... Court of Additional Assistant Judge, Sadar, Noakhali in Title Suit No. 168 of 1989 decreeing the same with a direction to the defendant to make over possession of the land in suit in favour of the plaintiff and in case of default by the defendant to make over possession the plaintiff would ..Category: Property Law | Date: | Hits: 37
Nazma Ahmed and others Vs. Bangladesh, 2006, 35 CLC (AD)
....Rashid, Advocate, with him) instructed by M. G. Bhuiyan, Advocate on-Record-For the Petitioners. A. S. M. Khalequzzaman, Advocate-on-Record-For the Respondents. Civil Petition for Leave to Appeal No. 1621 of 2005. (From the judgment and order dated 06.07,2005 passed b...... impugned judgment does not call for our interference. In view of the discussion made above, the petition is dismissed. Ed. This Case is also Reported in: V ADC (2008) 224. ......e property from the list of abandoned property but to no effect and that they instituted Title Suit No. 163 of 1997 seeking declaration that the property was not an abandoned property but the plaint of the suit was rejected on 09.03.2000 as the jurisdiction of the Civil Court was barred by ..Category: Property Law | Date: | Hits: 27
Bishwanath Baishnath and others Vs. Narayan Chandra Baishnab, 2006, 35 CLC (AD)
.... July 2, 2006. Lawyers Involved: Khalequzzaman, Advocate-on-record-For the Petitioners. Bivash Chandra Biswas, Advocate-on-record-For the Respondent. Civil Petition for Leave to Appeal No. 896 of 2005. (From the Judgment and Order dated April 6, 2005 passed......ound of the discussions made hereinbefore we find no substance in the petition. Accordingly the petition is dismissed. Ed. This Case is also Reported in: V ADC (2008) 211. ......d .54 / acre of land in respect of the land described in schedule No.4. 2. The suit was filed seeking partition of the land as described in the schedule Nos.1,2,3 and 4 attached to the plaint claiming 1.24 acres of land from schedule 1, .82 acre of land from schedule No.2, .50 acre o..Category: Property Law | Date: | Hits: 27
Mirza Saifuddin Hasan Vs. State, 2007, 36 CLC (AD)
....n, Senior Advocate, instructed by Md. Nawab Ali, Advocate-on-Record - For the Petitioner (In both the cases). Not represented – the Respondent (In both the cases). Criminal Petition for Leave to Appeal Nos. 117-118 of 2004. (From the judgment and order dated 25.8.2003 passed......ty or infirmity in the decision of the High Court Division so as to call for interference. The petitions are dismissed. Ed. This Case is also Reported in: IV ADC (2007) 977. ......ty or infirmity in the decision of the High Court Division so as to call for interference. The petitions are dismissed. Ed. This Case is also Reported in: IV ADC (2007) 977. ..Category: Criminal Law | Date: | Hits: 43
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