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Enamul Hoque Mollah Vs. State, 2007, 36 CLC (AD)
....na…………….Respondent Judgment March 19, 2007. Lawyers Involved: Md. Nawab Ali, Advocate-on-Record - For the Petitioner. Not represented – the Respondent. Criminal Petition for Leave to Appeal No.123 of 2004. (From the judgment ana order dated 25.8.2003 passed by the Hi......int at any illegality or infirmity in the decision of the High Court Division so as to call for interference. The petition is dismissed. Ed. The Case is also Reported in: IV ADC (2007) 972. ......int at any illegality or infirmity in the decision of the High Court Division so as to call for interference. The petition is dismissed. Ed. The Case is also Reported in: IV ADC (2007) 972. ..Category: Anti-Corruption Laws | Date: | Hits: 81
Serajul Hoque Majumder Vs. Bachchu Mia Mojumder and others, 2006, 35 CLC (AD)
....ul Islam Bhuiyan, Advocate-on-Record - For the Petitioner. Md. Nawab Ali, Advocate-on-Record - Respondent Nos. 1-8. Not Represented – Respondent Nos. 9 -73. Civil Petition for leave to appeal No.630 of 2005 (From the judgement and order dated 13.1. 2004 passed by t......of the discussions made hereinbefore we find no substance in the petition. Accordingly the petition if, dismissed. Ed. The Case is also Reported in: IV ADC (2007) 967. ...... June 29, 1987 passed in Miscellaneous Case (pre-emption) No. 6 of 1984 of the Court of ssistant Judge, Nangalkot was fraudulent and as such liable to be set aside. 2. It was the case of the plaintiffs that certain Elahi Baksha had interest to the extent of 8 annas 6 gondas and 2 karas in..Category: Property Law | Date: | Hits: 23
Syed Ali Mondal and others Vs. Dulal Chandra Biswas & others, 2006, 35 CLC (AD)
....ents Judgment April 24, 2006. Lawyers Involved: Md. Nawab Ali, Advocate-on-Record-For the Petitioners. Not Represented – the Respondents. Civil Petition for Leave to Appeal No.1298 of 2004. (From the judgment and order dated 18th April, 2004 pass......d not acquire any title to the suit land; the petitioners not being in possession of the entire suit land are not entitled to a decree for declaration of title to the suit land; the petitioners by amendment of the plaint claimed relief for confirmation of possession along with declaration of tit......os. 703, 704, 714, 715, 718 and 722; Rani Bibi by deed dated 20.01.1979 gifted her share of land to Md. Ismail Mondal who by deed dated 11.04.1987 gifted the same to Daliluddin Primary School; the plaintiffs who are landless persons have been residing in a portion of the suit land by permission ..Category: Property Law | Date: | Hits: 30
Md. Tajul Islam Vs. Bangladesh, 2006, 35 CLC (AD)
....Md. Nurul Islam Chowdhury, Advocate-on-Record - For the Petitioner. A. J. Mohammad Ali, Attorney General, instructed by Zainal Abedin, Advocate-on-Record - For the Respondents. Civil Petition for Leave to Appeal No. 185 of 2006. (From the judgment and order dated 05-01- 2006 passed by the...... Petition No. 4171 of 2004 discharging the Rule. 2. The writ-petitioner filed the Writ Petition No. 4171 of 2004 and obtained Rule calling upon the respondents to show cause as to why the impugned amendment of Section 4 and 6 of the Brick Burning (Control) Act, 1989 by the Act 17 of 2001 in the n......h the findings and decisions arrived at by the High Court Division. This petition merits no consideration. Accordingly, it is dismissed. Ed. The Case is also Reported in: IV ADC (2007) 944. ..Category: Environmental Law | Date: | Hits: 517
Bulmayee Barmani Vs. Sree Madhuram Barman and another, 2006, 35 CLC (AD)
....rs Involved: Subhas Chandra Saha, Advocate, instructed by Chowdhury Md. Zahangir, Advocate-on-Record - For the Petitioners. Not represented – the Respondents. Civil Petition for Leave to Appeal No. 1270 of 2004. (From the judgment and order dated 21st August, 2002 pa...... Accordingly there is no cogent reason to interfere with the decision of the High Court Division. The petition is dismissed. Ed. This Case is also Reported in: IV ADC (2007) 938. ...... above 2.01 acres of land one decimal of land was acquired for the road; Sharbananda, who got 1.00 acre of land in his share, he died leaving behind one daughter the defendant No.1 and one son the plaintiff No.2, the plaintiff No.1 was possessing the suit land as her life estate; that plaintiffs..Category: Property Law | Date: | Hits: 67
Abdus Sattar Khan Vs. Md. Noor@ Nurullah, 2006, 35 CLC (AD)
....os. 1(d), 1(e), 2(b); 2(c) & 2(e), 4(a), 4(g) (In both the cases). Not represented - Respondent Nos. 1(a)-(c), 1(f)-(h), 2(a),2(d), 3, 4(b)-4(f) (In both the cases). Civil Petition for Leave to Appeal Nos. 656 & 657 of 2005. (From the Judgment and Order dated March 14, ......ivision committed no error of law or precodure in dismissing the appeals. Accordingly the petitions are dismissed. Ed. The Case is also Reported in: IV ADC (2007) 930. ...... 10 and 4. 2. The trial Court by the aforesaid judgment and decree decreed the Title Suit Nos. 4, 5 and another Title Suit being No. 6 of 1968. The trial Court declared the title of the plaintiffs of the aforementioned suits and also passed a decree for recovery of khas possessi..Category: Property Law | Date: | Hits: 26
Bangladesh Krishi Bank Vs. Messers Dadajee Ice Plant and Storage Ltd., 2006, 35 CLC (AD)
....ructed by Azra Ali, Advocate-on-Record - For the Petitioner. Mahbubey Alam, Senior Advocate, instructed by Chowdhury Md. Zahangir, Advocate-on-Record - For the Respondent. Civil Petition for Leave to Appeal No. 191 of 2004 (From the judgment and order dated 10th January, 2004 pas......ame but the plaintiff did not get the supplying of Air blower and Amoniga gas. Admittedly as per terms of the conteract flowing out of the contract agreement No. 125 dated 17.3.1983 and subsequent amendment thereto it was the duty of defendant No. 5 to supply Amonia gas including air blower......sion in Appeal from Original Decree No. 29 of 1996 dismissing the appeal affirming those dated 3.9.1995 of the First Court of Subordinate Judge, Khulna in Title Suit No. 26 of 1992. 2. The plaintiff-respondent filed the suit impleading the petitioner as defendant No.5 and others as the ..Category: Civil Law | Date: | Hits: 103
Md. Samiul Haque and others Vs. Khairul Alam and others, 2006, 35 CLC (AD)
....ts Judgment June 25, 2006. Lawyers Involved: Md. Nawab Ali, Advocate-on-Record - For the Petitioners. Not represented – the Respondents. Civil Petition for Leave to Appeal No. 385 of 2005. (From the Judgment and Order dated March 13, 2004 passed......he appellate Court and thereby restoring the judgment and decree of the trial Court. Accordingly the petition is dismissed. Ed. This Case is also Reported in: IV ADC (2007) 920. ......in Other Class Suit No. 64 of 1985 decreeing the same. 2. The suit was filed seeking declaration of title and for recovery of khas possession of the land in suit. It is the case of the plaintiffs that they have purchased the land in suit by the kabala dated January 19, 1980 from defe..Category: Property Law | Date: | Hits: 18
Mustaque Alam Chy & anr Vs. Court of Joint District & 2nd Artha Rin Adalat, Dhk, 2006, 35 CLC (AD)
.... Petitioners. Moniruzzaman, Advocate, instructed by A.K.M. Shahidul Huq, Advocate-on-Record-For Respondents No. 2. Not represented-Respondent Nos. 1, 3-11. Civil Petition for Leave to Appeal No. 470 of 2005. &nb......el for the petitioners to interfere with the impugned judgment of the High Court Division. The petition is dismissed. Ed. This Case is also Reported in: IV ADC (2007) 906. ......002 passed by the respondent No.1, Joint District Judge and 2nd Artha Rina Adalat, Dhaka and order No. 41 dated 14.7.2002 in Money Suit No.3 of 2000 rejecting an application for return of the plaint under order VII rule 10 of the Code of Civil Procedure filed on behalf of the petitioners on..Category: Civil Law | Date: | Hits: 96
Abdul Jalil Munshi & another Vs. Abu Bakr Siddique, 1976, 5 CLC (AD)
....hile disposing of a revisional application of the respondent arising out of an interlocutory matter relating to temporary injunction. 2. The respondent has instituted a suit against the appellants for a permanent injunction for restraining them from blocking an alleged passage, described in Sched......nstruction of the wall by the appellants on 31-5-75 shall continue till the hearing of the injunction matter by the learned Munsif. Ed. This Case is also Reported in: 35 DLR (1983) (AD) 42. ......emporary injunction. 2. The respondent has instituted a suit against the appellants for a permanent injunction for restraining them from blocking an alleged passage, described in Schedule B to the plaint, and from disturbing his possession in respect thereof on the allegations, inter alia, that t..Category: Property Law | Date: | Hits: 31
Amal Krishna Chakrabarty Vs. Sekendar Mallik , 2006, 35 CLC (AD)
....t 7, 2006. Lawyers Involved: N. K. Saha, Advocate, instructed by Md. Nawab Ali, Advocate-on-Record-For the Petitioners. Not represented- the Respondent. Civil Petition for Leave to Appeal No. 538 of 2005 (From the judgment and order dated April 13, 2004 passed...... 9. In the background of the discussions we find no substance in the petition. Accordingly the petition is dismissed. Ed This Case is also Reported in: V ADC (2008) 61. ......ently from entering into the land in suit. It may be mentioned the appellate Court decreed the suit in part and thereupon modified the judgment and decree of the trial Court declaring title of the plaintiff in respect of 27 decimals of land of R.S. plot No. 205 and also confirmation of poss..Category: Property Law | Date: | Hits: 21
Bijoy Kumar Sarbabidya Vs. Government of Bangladesh & others, 2006, 35 CLC (AD)
....or the Petitioner. Mahbubey Alam, Senior Advocate, instructed by Chowdhury M. Zahangir, Advocate-on- Record-For Respondent No. 4. Not represented- Respondent Nos.1-3 & 5-13. Civil Petition for Leave to Appeal No. 922 of 2003 (From the judgment and order dated 3.3.2003 passed by the Hig......not point at any error or infirmity in the decision of the High Court Division so as to call for interference. The petition is dismissed. Ed. This Case is also Reported in: V ADC (2008) 44. ......- and he having paid a sum of Tk.95,000/-, on that very date as part performance of contract the vacant possession of the suit land along with title documents, khatians etc. were delivered to the plaintiff and since then the plaintiff, by constructing his residence and godown in the suit land, h..Category: Property Law | Date: | Hits: 39
Atiqullah alias Atik Vs. Mohammad Safiquddin, 2006, 35 CLC (AD)
....nbsp; Syed Mahbubur Rahman, Advocate-on-record-For Respondent Nos. 2, 3, 8. Not represented - Respondent Nos. 1, 4-7 & 9-11. Civil Petition for Leave to Appeal No. 768 of 2005 (From the Judgment and Order dated May 4, 2005 passed by...... In that state of the matter we do not find any substance in the petition. Accordingly the petition is dismissed. Ed. This Case is also Reported in: V ADC (2008) 36. ...... of Munsif (now Assistant Judge) Dhaka in Title Suit No. 577 of 1980 decreeing the same and thereby restraining defendants permanently from entering into the 'B' schedule land or to dispossess the plaintiff therefrom or to interfere with the possession of the plaintiff in the land shown in ..Category: Property Law | Date: | Hits: 26
Government of Bangladesh & others Vs. Jahangir Alam & others, 2007, 36 CLC (AD)
....on in Writ Petition Nos. 8254 of 2002 and 4344 of 2003 making both the Rules absolute. 2. The appeals involve in all 76 respondents. These respondent as writ-petitioners filed the aforesaid two writ petitions by way of certiorari on the averments set out herein below and obtaine......oject Evaluation Committee (DPEC) thereafter in its meeting dated 21.10.2002 presided over by the Secretary, Ministry of Agriculture, finalised the Project Pro-forma, Phase-II bringing some change/amendment to the effect that the personnel recruited in Phase-I of the Project may be considered fo......eady ended on 30.6.2006 impugned judgment is liable to be struck-down. The appeals are accordingly allowed without costs. Ed. This Case is also Reported in: V ADC (2008) 29. ..Category: Constitutional Law | Date: | Hits: 146
Shushil Chandra Nath Vs. Shanjib Kanti Nath and another, 2007, 36 CLC (AD)
....that the land measuring 41 decimals shown in the 1st schedule attached to the plaint belonged to Mohendra Kumar Nath, father of the plaintiff and said Mohendra Kumar Nath entered into an agreement for sale of 26 decimals of land shown in the 2nd schedule attached to the plaint on November 9, 197......discussion made hereinabove we find no merit in the appeal. Accordingly the appeal is dismissed with costs at all stages. Ed. This Case is also Reported in: V ADC (2008) 21. ......l 18, 1973 illegal, void, fabricated, collusive and inoperative. 2. The suit was filed stating, inter alia, that the land measuring 41 decimals shown in the 1st schedule attached to the plaint belonged to Mohendra Kumar Nath, father of the plaintiff and said Mohendra Kumar Nath entere..Category: Property Law | Date: | Hits: 46
Bangladesh Vs. Mostafizur Rahman, 2007, 36 CLC (AD)
....aid appeal thereby setting aside majority judgment in Writ Petition No. 147 of 1991. 2. The said writ petition was filed by the respondent challenging the detention of Mr. Hussain Mohammad Ershad, former President of Bangladesh, after the fall of his Government of 06.12.1990 pursuant to an order ......oclamations, Proclamation Orders, Martial Law Regulations, Martial Law Orders and other laws made during the period between the 15th August, 1975, and the 9th April, 1979 (both days inclusive), all amendments, additions, modifications, substitutions and omissions made in this Constitutions and s......udgment of this court. The appeal has no substance and should be dismissed. Hence the appeal is dismissed without any order as to cost. Ed. This Case is also Reported in: V ADC (2008) 12. ..Category: Procedural Law | Date: | Hits: 107
Most. Rashida Khatun Vs. Sakina Begum and others, 2007, 36 CLC (AD)
....zan, Chittagong decreeing the suit. 2. The plaintiff-appellant instituted Other Suit No.55 of 1972 in the Court of the then Munsif at North Raozan, Chittagong against the respondents praying for declaration of title and recovery of khas possession of 'Ka' schedule land and also f...... appeal. Accordingly, the appeal is allowed in part and dismissed with regard to Plot No. 4833 without any order as to costs. Ed. This Case is also Reported in: V ADC (2008) 140. ......o. 321 of 1974 by the Subordinate Judge, 2nd Court, Chittagong reversing those dated 27.09.1974 in Other Suit No.55 of 1972 by the Munsif, North Raozan, Chittagong decreeing the suit. 2. The plaintiff-appellant instituted Other Suit No.55 of 1972 in the Court of the then Munsif at North R..Category: Property Law | Date: | Hits: 24
Swapan Roy and others Vs. Shashadhar Roy and others, 2006, 35 CLC (AD)
....ondents Judgment March 15, 2006. Lawyers Involved: Md. Nawab Ali, Advocate-on-Record-For the Petitioners. Not represented- the Respondents. Civil Petition for Leave to Appeal No. 580 of 2005. (From the judgment and order dated 09.04.2005 passed by......oint out any legal infirmity in the judgment of the High Court Division. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: V ADC (2008) 136. ......leave to appeal is directed against the judgment and order dated 09.04.2005 passed by a Single Bench of the High Court Division in Civil Revision No.6823 of 2003 discharging the Rule. 2. The plaintiffs instituted Title Suit No.10 of 1991 in the Court of Assistant Judge, Khulna for partitio..Category: Property Law | Date: | Hits: 23
Rahmat Ali Vs. Md. Abdul Gani and others, 2007, 36 CLC (AD)
.... the Petitioners. Syed Mahbubur Rahman, Advocate-on-Record-For Respondent Nos.1, 3, 4-8 and 11-13. Not represented- the Respondent Nos. 2, 5-7, 9-10 and 14-31. Civil Petition for Leave to Appeal No.1165 of 2005. (From the judgment and order dated the 11th June, 2005......the submissions of the learned Advocate for the petitioners. The petition for Leave to Appeal is accordingly dismissed. Ed. This Case is also Reported in: V ADC (2008) 131. ......2000 reversing those dated 14.06.2000 by the Senior Assistant Judge, Sadar, Pabna in Other Class Suit No. 68 of 2000 decreeing the suit in part in preliminary form. 2. Respondent Nos.1-13 as plaintiffs instituted Other Class Suit No. 1186 of 1987 in the Court of the Senior Assistant ..Category: Property Law | Date: | Hits: 26
Faiz Ahmed Chowdhury Vs. Alhaj Shamsul Huda Chowdhury and others, 2007, 36 CLC (AD)
....hidullah, Advocate-on- Record-For the Petitioners. Syed Mahbubur Rahman, Advocate-on-Record-For Respondent Nos. 1-8. Not Represented- the Respondent Nos. 9-43. Civil Petition for Leave to Appeal No. 959 of 2005. (From the judgment and order dated the 15th May, 2005 p......o the assistance of the Court but the High Court Division was wrong to make the Rule absolute in a wrong forum. Last of all, Mr. Ali submits that the Civil Revision was not proper because under the amendment of Section 115 of the Code of Civil Procedure under Act 40 of 2003 first revision was to ......n Civil Revision No. 3696 of 2004). Judgment Mohammad Fazlul Karim J.- Faiz Ahmed Chowdhury, plaintiff-petitioner seeks Leave to Appeal against the impugned judgment and order dated 15.05.2005..Category: Property Law | Date: | Hits: 38
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