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Saimuddin (Md) Vs. Amjad Ali and others, 2007, 36 CLC (AD)
....w as to payment of Court fees, if any, by the plaintiff. With the above observation, this petition is disposed of. Ed This case is also reported in: 13 BLC (AD) (2008) 40. ......e Division (Civil) Present: Md. Fazlul Karim J Amirul Kabir Chowdhury J Saimuddin (Md).............................Petitioner Vs. Amjad Ali and others.........................Respondents Judgment &n......w as to payment of Court fees, if any, by the plaintiff. With the above observation, this petition is disposed of. Ed This case is also reported in: 13 BLC (AD) (2008) 40. ......-1943 to the defendant Nos. 38-40 and that Jafuruddin sold share on 30-10-1959 to one Kasaruddin Mondal and some other lessees also transferred lands from their share to various purchasers and the plaintiffs purchased the suit properties and are in possession of the same. 3. It was further..Category: Property Law | Date: | Hits: 22
Mariam and others Vs. Bangladesh, 1978, 7 CLC (AD)
....t for decision in accordance with law in the light of the observations made above. Costs will abide the result. Ed. This Case is also Reported in: 30 DLR (SC) (1978) 247. ......d in: 30 DLR (SC) (1978) 247. ......t for decision in accordance with law in the light of the observations made above. Costs will abide the result. Ed. This Case is also Reported in: 30 DLR (SC) (1978) 247. ......e judgment and decree dated 22.4.70 passed by the erstwhile High Court of East Pakistan in First Appeal No. 41 of 1960) Judgment Mahmud Husain CJ.- This appeal by special leave by the plaintiffs arise of out a suit instituted for recovery of a sum of taka 1,08,127.00 as compensation..Category: Civil Law | Date: | Hits: 89
Amal Kumar Moitra Vs. Md. Mashiur Rahman, 1978, 7 CLC (AD)
....ly. In the result, the appeal is allowed with costs, the order of the High Court is set aside and that of the trial Court restored. Ed. This Case is also Reported in: 30 DLR (SC) (1978) 244. ......an Muhammad Khan (1970) 22 DLR (SC) 41. Lawyers Involved: Md. Ansar Ali, Advocate instructed by S.S. Hoda Advocate-on-Record – For the Appellant. Abdul Hamid, Advocate instructed by B.C. Panday, Advocate-on-Record- For Respondent. Civil Appeal No. 123 of 1977 (On appeal from the ju......ly. In the result, the appeal is allowed with costs, the order of the High Court is set aside and that of the trial Court restored. Ed. This Case is also Reported in: 30 DLR (SC) (1978) 244. ......two sons Bimal Chandra Moitra and Anil Kumar Moitra and widow Sreemati Dakshya Bala Debi, that the entire suit property developed upon the defendants 2 to 5 and they exchanged the properties with the plaintiff’s Properties in West Bengal. The Deed of exchange was registered on March 2, 1967 after ..Category: Tenancy Law | Date: | Hits: 142
Leakat Ali Sowdagar Vs. Abdus Salam Sowdagar and another, 1978, 7 CLC (AD)
....a question of fact. 7. We do not find substance in any of the contentions of the learned Counsel. Both the petitions are dismissed. Ed. This Case is also Reported in: 30 DLR (SC) (1978) 241. ......orted in: 30 DLR (SC) (1978) 241. ......a question of fact. 7. We do not find substance in any of the contentions of the learned Counsel. Both the petitions are dismissed. Ed. This Case is also Reported in: 30 DLR (SC) (1978) 241. ......3, the provision is clear enough to show that, having regard to the particular facts in question, it is in the discretion of a Small Cause Court to refer the matter to a Civil Court when the claim of plaintiff is dependent upon a question of title. The contention of the learned Counsel on this poi..Category: Tenancy Law | Date: | Hits: 163
Master Abdul Aziz Vs. Abani Mohan Mukherjee and others, 1978, 7 CLC (AD)
....n the result the appeal stands dismissed without, however, any order as to costs. Ed. This Case is also Reported in: 30 DLR (SC) (1978) 222. ...... Present A. M. Sayem CJ Mohammad Abdullah Jabir J Ahasanuddin Chowdhury J Master Abdul Aziz………..Appellant Vs. Abani Mohan Mukherjee and others…. Respondents Judgment May 2, 1975. Cases Referred to: ......n the result the appeal stands dismissed without, however, any order as to costs. Ed. This Case is also Reported in: 30 DLR (SC) (1978) 222. ......rule 9 of order 22 of the Code as regards procedure to be followed in case of death of any party in suit. Order 22, rule 3 lays down the procedure to be followed in case of death of one of several plaintiffs or of a sole plaintiff, while rule 4 lays down the procedure to be followed in case..Category: Civil Law | Date: | Hits: 116
A. B. M. Shamsuddin Vs. Mahmuda Selina and others, 2006, 35 CLC (AD)
....ngs and decisions as arrived at by the High Court Division. In the aforesaid premises, we find no merit in this petition. Accordingly, it is dismissed. Ed. ......ul Kabir Chowdhury, J Md. Joynul Abedin, J A. B. M. Shamsuddin................................. Petitioner. Vs. Anowara Begum being dead her heirs 1. (a) Mahmuda Selina and others. ........................ Respondents. Judgement: November 16, 2006. ......ngs and decisions as arrived at by the High Court Division. In the aforesaid premises, we find no merit in this petition. Accordingly, it is dismissed. Ed. ...... the judgment and order dated 14-07-1998 passed by the learned Subordinate Judge, 1st Court, Narayangonj in Title Suit No. 70 of 1995 rejecting the plaint. 2. Facts, in brief, are that the plaintiff instituted the above mentioned suit against defendant No. 1, Anowara Begum for specific p..Category: Property Law | Date: | Hits: 41
Loyal Shipping Ltd. Vs. Castrol UK Ltd. and others, 2006, 35 CLC (AD)
.... of Money Suit No. 21 of 1993 by the plaintiff. Accordingly, the appeal is allowed without any order as to costs. Ed. This Case is also Reported in: 60 DLR (AD)(2008) 48. ...... Present: Md. Ruhul Amin J MM Ruhul Amin J Md. Tafazzul Islam J Loyal Shipping Ltd. ........................Appellant Vs. Castrol UK Ltd. and others ...............Respondents Judgment December 12, 2006. The Code o...... of Money Suit No. 21 of 1993 by the plaintiff. Accordingly, the appeal is allowed without any order as to costs. Ed. This Case is also Reported in: 60 DLR (AD)(2008) 48. ......, passed in Money Suit No. 21 of 1993 refusing to treat the counter-claim filed by the defendant in the above suit as a plaint in the cross suit after the withdrawal of the above money suit by the plaintiff. 2. Brief facts are that the respondent, as plaintiff, filed the above money..Category: Civil Law | Date: | Hits: 111
Sarder M. Hashim Zaman & ors Vs. Thana Nirbahi Officer, Mithapukur, Rangpur & ors, 2008, 37 CLC (AD)
....y;ed teachers of the said school. Accordingly, the appeal is allowed in part without any order as to costs. Ed. This Case is also Reported in: 60 DLR (AD)(2008) 55. ...... Supreme Court Appellate Division (Civil) Present: Mohammad Fazlul Karim J Md. Joynul Abedin J Md. Hassan Ameen J Sarder Md. Hashim Zaman and others.........Appellants Vs. Thana Nirbahi Officer, Mithapukur, Rangpur and o......y;ed teachers of the said school. Accordingly, the appeal is allowed in part without any order as to costs. Ed. This Case is also Reported in: 60 DLR (AD)(2008) 55. ......and order dated 24-11-1998 passed by a Single Bench of the High Court Division in Civil Revision No. 4520 of 1997 making the Rule absolute. 2. The fact, in brief, is that the appellants as plaintiffs filed Other Suit No.73 of 1994 for declaration that the appointment of defendant No..Category: Civil Law | Date: | Hits: 110
Md. Abu Alam Vs. Zarina Begum and others, 2006, 35 CLC (AD)
....pellate Court. In the background of the discussions made hereinbefore we find merit in the appeal. Accordingly the appeal is allowed without any order as to costs. Ed. ......t Appellate Division (Civil) Present: Md. Ruhul Amin J Md. Tafazzul Islam J Md. Abu Alam ...........................Appellant Vs Zarina Begum and others..............Respondents Judgment July 5, 2006. Lawyers Involved: ......pellate Court. In the background of the discussions made hereinbefore we find merit in the appeal. Accordingly the appeal is allowed without any order as to costs. Ed. ......istant Judge, Raozan, Chittagong in Other Suit no. 79 of 1979 dismissing the same. The suit filed seeking a decree for permanent injunction against the defendant nos. 1-4. 2. The case of the plaintiff is that the land in suit was owned by Abdul Hamid predecessor of the defendant Nos...Category: Property Law | Date: | Hits: 42
Badal Chandra Das and others Vs. Amena Khatun, 2005, 34 CLC (AD)
.... No infirmity in the judgment of the High Court Division could be pointed out for our interference. In that view of this, the appeal is dismissed without any order as to costs. Ed. ....... Ed. ...... No infirmity in the judgment of the High Court Division could be pointed out for our interference. In that view of this, the appeal is dismissed without any order as to costs. Ed. ......in Title Appeal No.130 of 1999 reversing those dated 28.02.1999 by the Senior Assistant Judge, Sadar, Rajshahi in Other Class suit No.265 of 1996 dismissing the suit. 2.The respondent as the plaintiff instituted the suit for declaration of title and recovery of khas possession in respect ..Category: Property Law | Date: | Hits: 34
Mir Kalimuddin and others Vs. Md. Dukhi Mondal and others, 2003, 32 CLC (AD)
....gh Court Division. We do not find any illegality or infirmity in the judgment of the High Court Division calling for our interference. The leave petition is dismissed. Ed. ......nce. The leave petition is dismissed. Ed. ......gh Court Division. We do not find any illegality or infirmity in the judgment of the High Court Division calling for our interference. The leave petition is dismissed. Ed. ......against the judgment and decree dated 5-2-2002 passed, by a Single Bench of the High Court Division in Second Appeal No. 205 of 1979 allowing the appeal. 2. The facts, in short, are that the plaintiff-respondent filed a suit for declaration of title and confirmation of possession in respec..Category: Property Law | Date: | Hits: 35
Khan Md. Firoj Kabir Vs. Rupali Bank Ltd. and others, 2006, 35 CLC (AD)
....nbsp; Accordingly, the appeal is dismissed without any order as to cost. Ed. ...... Division (Civil) Present: Md. Ruhul Amin J Md. Tafazzul Islam J Khan Md. Firoj Kabir...................................Appellant Vs. Rupali Bank Ltd. and others... ...................Respondents Judgment March 12, 2006. Cases R......nbsp; Accordingly, the appeal is dismissed without any order as to cost. Ed. ......discharging the Rule which was obtained against the order dated 14-5-98 passed by the learned Assistant Judge, 4th Court, Dhaka in Title Suit No. 278 of 1997 rejecting the application filed by the plaintiff/appellant praying for fixing the next date of the suit for ex parte hearing in view of th..Category: Employment/Service Law | Date: | Hits: 120
Shahid Hossain Khan (Md) Vs. Abdul Bashed Lashkar and others, 2006, 35 CLC (AD)
.... decree of permanent injunction. 15. In the background of the discussions made hereinbefore we find merit in the appeal. Accordingly, the appeal is allowed with costs. Ed. ......Division (Criminal) Present: Md. Ruhul Amin J Md. Tafazzul Islam J Shahid Hossain Khan (Md) .....................Appellant Vs. Abdul Bashed Lashkar and others..........Respondents Judgment July 17, 2006. Cases Referred To- ...... decree of permanent injunction. 15. In the background of the discussions made hereinbefore we find merit in the appeal. Accordingly, the appeal is allowed with costs. Ed. ......e prayer for temporary injunction. The suit was filed seeking decree for permanent injunction restraining the defendant Nos. 2-10 from admitting girl students in Nalchity Merchants High School. The plaintiff claiming himself as the Vice-Chairman of the Nalchity Girls High School filed the aforesa..Category: Civil Law | Date: | Hits: 216
Kadam Rosul Silicate Works and others Vs. Sonali Bank, 1990, 19 CLC (AD)
....is set aside. The Money Execution case be struck off and the attachment of the appellants' property shall be deemed to be withdrawn. Ed. This case is also reported in: 42 DLR (AD) (1990) 294.......) (1990) 294.......is set aside. The Money Execution case be struck off and the attachment of the appellants' property shall be deemed to be withdrawn. Ed. This case is also reported in: 42 DLR (AD) (1990) 294.......nganj. The question for consideration in this appeal by leave is whether the appellants are liable to pay any interest on the principal sum of Tk. 50,226.70 as claimed by the respondent Sonali Bank, (plaintiff—decree-holder) and decreed on admission by the defendant—appellants. 2. Facts of ..Category: Banking Law | Date: | Hits: 134
Jashimuddin Kanchan (Md) Vs. Md. Ali Ashraf, 1990, 19 CLC (AD)
....ts and decrees of the High Court Division are set aside and those of the lower appellate Court are restored. No order as to cost. Ed. This case is also reported in: 42 DLR (AD) (1990) 289 ......), section 7 The Evidence Act, 1872 (I of 1872), section 64 The Transfer of Property Act, 1882 (IV of 1882), section 111(f) Practice & Procedure Surrender of an under-tenancy right to the landlord need not be in writing. It may be inferred from act and conduct of the parties as well. On c......ts and decrees of the High Court Division are set aside and those of the lower appellate Court are restored. No order as to cost. Ed. This case is also reported in: 42 DLR (AD) (1990) 289 ......sposed of by the learned Subordinate Judge by a common judgment dated 21 November 1982. Both the appeals were dismissed; but in the case of TA No. 37 of 1981, the decree was conditional, that is, the plaintiff of the suit (appellant) was found to have been dispossessed from the entire suit land an..Category: Property Law | Date: | Hits: 38
Upendra Chandra Rishi and ors. Vs. Sufia Begum and ors., 1990, 19 CLC (AD)
.....12.80 passed in Title Suit No. 789 of 1980 is set aside and the said suit is restored to its file and number. Ed. This case is also reported in: 42 DLR (AD) (1990) 285; 1990 BLD (AD) 194. ......1990) 285; 1990 BLD (AD) 194. .......12.80 passed in Title Suit No. 789 of 1980 is set aside and the said suit is restored to its file and number. Ed. This case is also reported in: 42 DLR (AD) (1990) 285; 1990 BLD (AD) 194. ......r temporary injunction was refused on contest up to the High Court Division. Leave was granted in this appeal to consider as to whether the subsequent suit was surreptitiously filed by the same plaintiff-respondents against the same defendant-appellants seeking declaration of title in the sa..Category: Procedural Law | Date: | Hits: 116
Ali Hussain Faraji & others Vs. Abdul Ali Pradhania @ Abul and another, 2007, 36 CLC (AD)
....The learned Counsel could not point out any illegality or infirmity in the decision of the High Court Division so as to call for any interference. The petition is dismissed. Ed. ......min CJ MM Ruhul Amin J Md. Tafazzul Islam J Md. Hassan Ameen J Ali Hussain Faraji & others......................Petitioner Vs. Abdul Ali Pradhania @ Abul and another.......Respondent Judgment August 15, 2007. Lawyers Involved: ......The learned Counsel could not point out any illegality or infirmity in the decision of the High Court Division so as to call for any interference. The petition is dismissed. Ed. ......s directed against the judgment and decree dated 24-6-2003 of the Single Bench of the High Court Division passed in Civil Revision No. 28 of 2001 discharging the Rule. 2. The respondent, as plaintiff, filed Title Suit No. 35 of 1997 in the Court of Senior Assistant Judge, Matlab, Chandpur..Category: Property Law | Date: | Hits: 33
Ambia Khatun and anr Vs. Syed Altaf Hossain and another, 1978, 7 CLC (AD)
.... of the Rent Control Ordinance, does not come within the mischief of either of the said provisions. We do not find any merit in this petition which is dismissed. Ed. ......te Division (Civil) Present Syed ABM Husain CJ Kemaluddin Hossain J D.C. Bhattacharya J Fazle Munim J Ambia Khatun and anr.........Petitioner Vs. Syed Altaf Hossain and another…&he...... of the Rent Control Ordinance, does not come within the mischief of either of the said provisions. We do not find any merit in this petition which is dismissed. Ed. ......e to appeal is against a judgment of a Single Judge of the High Court, dismissing a Second Appeal, arising out of a suit for specific performance of contract brought by the petitioners as plaintiffs. 2. The petitioners alleged in the said suit that there was a contract for ..Category: Property Law | Date: | Hits: 34
Syed Abdul Haque and other Vs. Surendra Nath Majumder & others, 2007, 36 CLC (AD)
....sion has not committed any error in making the Rule absolute and thereupon setting aside the judgment of the appellate Court. Accordingly, the appeal is dismissed with costs. Ed. ......missed with costs. Ed. ......sion has not committed any error in making the Rule absolute and thereupon setting aside the judgment of the appellate Court. Accordingly, the appeal is dismissed with costs. Ed. ......judgment and decree dated May 29, 1988 of the Court of Subordinate Judge (now Joint District Judge), Jhalakathi in Title Suit No. 93 of 1985 decreeing the same and thereupon declaring title of the plaintiff and further declaring the kabalas (in all 4) executed and registered on May 24, 1984 by S..Category: Property Law | Date: | Hits: 52
Bangladesh Vs. Md. Shahabuddin and others, 2007, 36 CLC (AD)
....d Advocate-on-Record failed to point out any error in the judgment of the High Court Division of the kind calling for interference by this Division. Accordingly, the petition is dismissed. Ed. ......Appellate Division (Civil) Present: Md. Ruhul Amin J Md. Tafazzul Islam J Government of the People's Republic of Bangladesh........................Petitioner Vs. Md. Shahabuddin and others.................Respondents Judgment June 18, 2006. Lawyers Involved: Md. Af......d Advocate-on-Record failed to point out any error in the judgment of the High Court Division of the kind calling for interference by this Division. Accordingly, the petition is dismissed. Ed. ....... The suit was decreed and in execution of the decree Abdul Barek Bepari obtained the kabala through Court, that by a deed of exchange dated March 19, 1977 between Abdul Barek Bepari and his brother, plaintiff No.1, the plaintiff No.1 got the land in suit and thereupon mutated his name and paying re..Category: Tenancy Law | Date: | Hits: 156
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