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Md. Rafiq Uddin and another Vs. Md. Khorshed Ali Mollah and others, 2007, 36 CLC (AD)
....M.G. Bhuiyan, Advocate-on-Record-For Respondent Nos. 1-6. Mahmuda Begum, Advocate-on-Record-For Respondent Nos. 7-8. Not Represented- the Respondent Nos. 9-13. Civil Petition for Leave to Appeal No. 932 of 2005. (From the judgment and order dated the 28th March, 2005......tance in the submissions of the learned Advocate for the petitioners. Accordingly the leave petition is dismissed. Ed. This Case is also Reported in: V ADC (2008) 115. ......g the appeal and reversing those of dated 30.01.2002 passed by the Joint District Judge, 1st Court, Rajshahi in other Class Suit No. 235 of 1983 decreeing the Suit. 2. Respondent Nos.1-6 as plaintiffs instituted other Class suit No. 235 of 83 in the Court of subordinate Judge, Rajsh..Category: Property Law | Date: | Hits: 27
Divisional Forest Officer, Dhaka Vs. Md. Shahabuddin and others, 2007, 36 CLC (AD)
....f 1990 in the Court of the learned Senior Assistant Judge, Gazipur which was subsequently renumbered as T.S. M No. 10 of 1992 in the 2nd Court of the Additional Assistant Judge, Gazipur for declaration that T.S. No.308 of 1973 and the ex parte decree obtained therein by the defendant......d by the trial court is restored. 13. The appeal, for the above reason, is accordingly allowed with costs at all stages. Ed. This Case is also Reported in: V ADC (2008) 91. ...... in T.A. No.113 of 1992 setting aside the judgment and decree passed by the learned Senior Assistant Judge, 2nd Court, Gazipur in T.S. No. 10 of 1992 decreeing the suit. 2. The appellant as plaintiff filed T.S. No. 78 of 1990 in the Court of the learned Senior Assistant Judge, Gazipur wh..Category: Property Law | Date: | Hits: 35
Rafique Ahmed Vs. MD, Bangladesh Overseas Employment & Service Ltd. and others, 2006, 35 CLC (AD)
....cord-For the Petitioner. A.J. Mohammad Ali, Senior Advocate, instructed by Haridus Paul, Advocate-on-Record-For Respondents. Not represented-Respondent Nos. 2-5. Civil Petition for Leave to Appeal No. 1564 of 2004. (From the judgment and order dated 11th March, 2003 passe......on record arrived at a correct decision and there in no cogent reason to interfere with the same. The petition is dismissed. Ed. This Case is also Reported in: IV ADC (2007) 885. ......hich was looked after jointly by the defendant Nos. 1 and 2; in order to remove the petitioner from service the defendant No. 2, in conspiracy with the defendant Nos. 3, 4 and 5, got some false complaints filed against the petitioner by the defendant Nos. 3 and 4 and on the basis of two such all..Category: Employment/Service Law | Date: | Hits: 71
Hazi Salahuddin and others Vs. Zinnatan Nesa and others, 2006, 35 CLC (AD)
....nvolved: Md. Nawab Ali, Advocate-on-Record-For the Petitioners. Mahbubey Alam, Senior advocate, instructed by Abu Siddique, Advocate-on-Record-For the Respondents. Civil Petition for Leave to Appeal No. 316 of 2006. (From the judgment and order dated 20-10-2005 passed by th......is impugned order. 8. In the aforesaid premises, this petition merits no consideration. Accordingly, it is dismissed. Ed. This Case is also Reported in: IV ADC (2007) 882. ...... of 2005. 2. The facts, leading to this petition, are that the respondent No. 1 as plaintiff instituted Title Suit No. 53 of 2004 in the Court of learned Joint District Judge, 1st Co..Category: Property Law | Date: | Hits: 24
Hemayet Ali Shaikh and others Vs. Ramesh Chandra Mondal and others, 2006, 35 CLC (AD)
....s......Respondents Judgment April 24, 2006. Lawyers Involved: Sufia Khatun, Advocate-on-Record-For the Petitioners Not represented- Respondents Civil Petition for Leave to Appeal No. 1283 of 2004. (From the judgment and order dated 8th March, 2003 passed...... Court Division obtained Rule in Civil Revision No. 1977 of 1994. During the pendency of the above Rule the plaintiffs filed an application under Order 6 Rule 17 of the Code of Civil Procedure for amendment of the plaint which was opposed by the defendants. After hearing the High Court Division ......tian No. 140 and 4.31 acres of land recorded in C.S. Khatian No. 280, originally belonged to 3 full brothers, namely, Judu Nath Mondal, Paban Mondal and Gagon Mondal in equal shares; the plaintiff Nos. 1 and 2, the respondent Nos. 1-2 herein, are sons of Gagon Mondal; the plaintiff Nos..Category: Property Law | Date: | Hits: 25
Jagabandhu Sarker and others Vs. Jotish Chandra Sikder and others, 2005, 34 CLC (AD)
....y leave against the judgment dated November 22,1998 of the High Court Division in Civil Revision No. 705 of 1995 making the rule absolute and thereupon sending the suit back to the trial Court for re-hearing in the light of the observation made by the lower appellate Court and with further ......ns made hereinbefore we find merit in the appeal. Accordingly the appeal is allowed. There is no order as to cost. Ed. This Case is also Reported in: IV ADC (2007) 849. ......d for declaration that the record of right prepared in the name of the defendants is illegal and fraudulent. The suit relates to 69 acres of land described in the schedule attached to the plaint. Plaintiffs filed the suit stating, inter alia, that their predecessors were the C.S. recor..Category: Property Law | Date: | Hits: 19
Md. Nazrul Islam and others Vs. Monowara Begum and others, 2006, 35 CLC (AD)
....Abu Siddique, Advocate-on-Record-For the Petitioners Sufia Khatun, Advocate-on-Record-For Respondent Nos. 3 and 9 Not represented-Respondent Nos. 1, 2, 4-8 & 10-49 Civil Petition for Leave to Appeal No.1491 of 2004 (From the Judgment and Order dated January 28, 2004 passed ...... High Court Division of the kind calling for interference by this Division. Accordingly the petition is dismissed. Ed. This Case is also Reported in: IV ADC (2007) 838. ......e land of second schedule upon evicting first group of defendants and for declaring that the kabala described in the 4th schedule is fraudulent, fabricated, illegal and void and not binding on the plaintiffs. ..Category: Property Law | Date: | Hits: 23
Md. Abul Hossain and others Vs. Abdul Hamid Mandal and others, 2007, 36 CLC (AD)
....1993 reversing those of the Assistant Judge, Pangsa, Rajbari, dated 28.04.1993 in Title Suit No. 44 of 1985 dismissing the same. 2. The leave petitioner filed the Title Suit No. 44 of 1985 before the Assistant Judge, Pangsa, Rajbari, seeking for a decree of specific performance of contrac......th the impugned judgment of the High Court Division. Accordingly, the appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: IV ADC (2007) 834. ......c performance of contract for sale of the land measuring,an area of 1.22 acres stating, inter alia, that the respondent (defendant No. 1) proposed to sell the land described in the schedule of the plaint for a consideration of Tk. 3,000.00 and thereupon executed a kabala in fabour of the pe..Category: Property Law | Date: | Hits: 30
Shirajul Islam and others Vs. Shoshti Rani and others, 2007, 36 CLC (AD)
.... the Petitioners. Gobinda Chandra Tagore, Advocate, instructed by Sufia Khatun, Advocate-on-Record- For the Respondent No. 1. Not represented-Respondent Nos. 2-4. Civil Petition for Leave to Appeal No. 1651 of 2003. (From the Judgment and Order dated July 22, 2003 passed b...... interference is called for with the judgment sought to be appealed by this Division. Accordingly the petition is dismissed. Ed. This Case is also Reported in: IV ADC (2007) 832. ......f 1981-82 is fraudulent and void. The appellate Court upon allowing the appeal decreed the suit and thereupon directed the defendant Nos. 1-3 to vacate the land in suit within 30 days failing which plaintiff would be entitled to take delivery of possession through Court. 3. The suit w..Category: Property Law | Date: | Hits: 22
Mofizuddin Howlader Vs. Abdur Rashid & others, 1982, 11 CLC (AD)
.... of 1967). Judgment Ruhul Islam J. - This appeal by special leave is directed against the judgment of the High Court Division dismissing the appellant's Suit for declaration that the property described in the schedule to the plaint is waqf property and the......urt Division are set aside and those of the trial Court are restored. The appellant is allowed the cost of the appeal. Ed. This Case is also Reported in: 35 DLR (AD) (1983) 36. ......am J. - This appeal by special leave is directed against the judgment of the High Court Division dismissing the appellant's Suit for declaration that the property described in the schedule to the plaint is waqf property and the plaintiff is the mutwalli, which was decreed by the trial Court. T..Category: Trust/Waqf Law | Date: | Hits: 171
Jabed Ali Vs. Abu Shaikh and others, 1982, 11 CLC (AD)
....e judgment of a Single Judge of the High Court Division passed in Second Appeal No. 665 of 1968 on August 3, 1979. 2. The predecessor of respondent Nos. 1 to 7 instituted O.C. Suit No. 61 of 1965 for declaration that the suit land appertained to his original C.S. khatian No. 27 and that the prop......endant appellant submitted that since the suit land is agricultural land the provisions of the Bengal Tenancy Act would apply in case of transfer of the land, section 26C which was inserted by way of amendment in 1928 being prior to the transfer of the suit land in favour of the plaintiff will gover...... the property recorded in the new Khatian No. 23 in the name of defendant No. 1 was wrongly prepared and that the same is liable to be recorded in his name in the rent roll Khatian No. 22. 3. The plaintiff's case is that the holding belonged to Agardi Sonaru who died leaving defendant No. 3 as..Category: Property Law | Date: | Hits: 37
Md. Khalequl Islam Vs. State, 2006, 35 CLC (AD)
.... Lawyers Involved: Saidur Rahman, Advocate, instructed by Md. Ahsanullah Patwary, Advocate-on-Record-For the Petitioner. Not represented-Respondent. Criminal Petition for Leave to Appeal No. 230 of 2006 (From the judgment and order dated 16.11.2005 passed by......ed of a non-bailable offence may be released on bail to the satisfaction of the court, unless for reasons to be recorded in writing, the court otherwise directs. He further submits that as this new amendment came into force during pendency of this case, the new law is not applicable in the presen......ing cogent reasons does not require interference by us. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: IV ADC (2007) 805; 11 MLR (AD) 2006, 343. ..Category: Criminal Law | Date: | Hits: 96
Abul Hossain and Brothers Vs. Rupali Bank Limited, 2006, 35 CLC (AD)
.... instructed by Md. Wahidullah, Advocate-on-Record-For the Petitioners. Ahsanullah Patwary, Advocate-on-Record- For Respondent No. 1. Not represented-Respondent Nos. 2-5. Civil Petition for Leave to Appeal No. 1073 of 2005. (From the Judgement and order dated 13.04.2005 passed by th......e leave-petition. In the aforesaid premises, we find no legal infirmity for our interference. The leave petition is dismissed. Ed. This Case is also Reported in: IV ADC (2007) 785. ......he learned Subordinate Judge (now Joint District Judge), Artha Rin Adalat No. 3, Dhaka in Title Suit No. 120 of 1997 dismissing the suit. 2. The principal-respondent No.1 Pubali Bank Ltd. as plaintiff instituted the above Title Suit No. 120 of 1997 in the Court of Subordinate Judge, Artha R..Category: Banking Law | Date: | Hits: 85
Mst. Mariam Bibi Vs. Shiraj Madbar and others, 2006, 35 CLC (AD)
....1, 2006. Lawyers Involved: M. A. Mannan, Senior Advocate instructed by Md. Nawab Ali, Advocate-on-Record-For the Petitioner. Not represented-Respondents. Civil Petition for Leave to Appeal No. 799 of 2004 (From the judgment and order dated 21.01.2004 passed by ......of the view that there is no error in the said judgment. In view of the discussion made above, the petition is dismissed. Ed. This Case is also Reported in: IV ADC (2007) 774. ......his petition has been preferred against the judgment and order dated 21.01.2004 passed by a Single Bench of the High Court Division making the rule absolute. 2. The respondent Nos.1 to 3 as plaintiffs instituted Title Suit No. 7 of 1989 in the Court of Subordinate Judge, Shariatpur for de..Category: Property Law | Date: | Hits: 25
Janata Bank and others Vs. National Electric Company Ltd., 2007, 36 CLC (AD)
....he Rule. 2. The respondent, as plaintiff, filed Money Suit No. 135 of 1990 in the Court of Subordinate Judge (now Joint District Judge), and Commercial Court No.1, Dhaka praying for decree for a sum of Tk. 25,80,14,191.00 against the defendant appellants towards compensation o......nt brought a surveyor from England who along with a few local engineers got the machineries and stock surveyed and assessed the loss of the plaintiff at Tk.45,56,70,942/- and then the plaintiff by amendment of the plaint increased its claim to Tk.45,56,70,942/-The defendants contested the s...... appeal by leave arises out of judgment and order dated 5.3.2002 passed by the High Court Division in Civil Revision No. 2051 of 1996 discharging the Rule. 2. The respondent, as plaintiff, filed Money Suit No. 135 of 1990 in the Court of Subordinate Judge (now Joint District ..Category: Business or Commercial Law | Date: | Hits: 75
Chalna Carriers & Fibres Ltd. & another Vs. M/s. Shainpukur Navigation Ltd. & ors, 2005, 34 CLC (AD)
.... Private Limited Company (plaintiff No.1) is the owner of oil Tanker, M.V. Tapash (plaintiff No.2), that the said oil Tanker loaded with 4,06,000 liters of kerosene started from Fatullah Ghat for Bhairab Bazar and while reached near Baktabali Ghat within Police Station Fatullah district-Nar......e hereinabove we find no merit in the appeal. Accordingly the appeal is dismissed. There is no order as to costs. Ed. This Case is also Reported in: IV ADC (2007) 735. ...... November 6, 1990 passed by the High Court Division in Admiralty Suit No. 8 of 1988) Judgment Md. Ruhul Amin J. - This appeal by leave has been filed by the plaintiffs against the judgment dated November 6, 1990 of the High Court Division in Admiralty Suit..Category: Admiralty Law or Maritime Law | Date: | Hits: 210
State Vs. Md. Humayun Hafiz , 2006, 35 CLC (AD)
.... Khan, Additional Attorney General, instructed by Md. Sajjadul Huq, Advocate-on-Record-For the Appellant. Khan Saifur Rahman, Senior Advocate, instructed by Md. Nawab Ali, Advocate-on-Record-for the Respondent. &...... holding that 180 days (working days) have already expired and the Investigating Agency having not submitted the report the proceeding is liable to be quashed as on 1.11.1992 there was an amendment of the Code of Criminal Procedure by which this time limit for investigation was deleted ...... In the background of the discussions made hereinbefore we find merit in the appeal. Accordingly the appeal is allowed. Ed. This Case is also Reported in: IV ADC (2007) 705. ..Category: Criminal Law | Date: | Hits: 48
Mst. Rousan Ara Vs. Alhaj Mst. Hazera, Begum alias, Hazera Khatun & another, 2007, 36 CLC (AD)
....s Involved: Md. Nawab Ali, Advocate-on-Record-For the Petitioner. N. H. Khandaker, Advocate-on-Record-For Respondent No. 1. Not represented-Respondent No. 2. Civil Petition for Leave to Appeal No. 992 of 2003 (From the Judgement and order dated 09.11.2002 passed by ......n-Record found difficult to assail the Judgment of the High Court Division. Accordingly, the leave petition is dismissed. Ed. This Case is also Reported in: IV ADC (2007) 689. ......eave to appeal is directed against the judgment and order dated 09.11.2002 passed by a Single Bench of the High Court Division in Civil Revision No. 4897 of 1998 discharging the Rule. 2. The plaintiff instituted other Class Suit No.274 of 1988 in the Court of Additional Assistant Judge, 1s..Category: Family Law | Date: | Hits: 150
Birendra Nath Mondal Vs. Dhirendra Nath Mandal and others, 2007, 36 CLC (AD)
.....82 of 1984. 2. The plaintiff-appellant filed Title suit No.3 of 1984 in the Court of the learned Munsif ( now Assistant Judge), Nazirpur Upazila, Pirojpur against the defendants-respondents for declaration of title in respect of several plots of land including R.S. Plot No.712 measu......he above, we find no substance in the appeal. Accordingly, the appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: IV ADC (2007) 680. ......88 discharging the Rule modifying the judgment and decree dated 16.07.1987 passed by the learned Subordinate judge (now Joint District Judge), Pirojpur in Title Appeal No.82 of 1984. 2. The plaintiff-appellant filed Title suit No.3 of 1984 in the Court of the learned Munsif ( now Assistan..Category: Property Law | Date: | Hits: 30
Md. Siraj Mondal @ Md. Sirajuddin Mondal & anr Vs. Mosammat Miraton Nessa & ors, 2006, 35 CLC (AD)
....ession in the land in suit and that defendants dispossessed her. The trial Court also held that the suit as framed is quite maintainable and that not barred by limitation and also not bad for defect of party. 6. The defendant went on appeal. The appellate Court primarily placing ......render his tenancy, we find no merit in the appeal. Accordingly the appeal is dismissed with cost of Tk. 2,000/- Ed. This Case is also Reported in: IV ADC (2007) 672. ...... Suit No. 28 of 1977 decreeing the same. 2. The suit was filed seeking declaration of title and khas possession upon evicting the defendants from the land in suit. 3. The case of the plaintiff, in short, is that the land in suit, which is homestead, belonged to Jairuddin and in hi..Category: Property Law | Date: | Hits: 28
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