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Rupali Bank Ltd. Vs. M. A. Jalil, 2005, 34 CLC (AD)
....f the above, we do not find any cogent reason to interfere with the impugned judgment and decree of the High Court Division. The petition is, accordingly, dismissed. Ed. ...... leave to Appeal No. 1812 of 2002 Judgment Md. Fazlul Karim J.- The petitioners seek leave to appeal against the judgment and order dated 31.M).2001 passed by the High Court Division in Appeal from Original Decree No. 88......f the above, we do not find any cogent reason to interfere with the impugned judgment and decree of the High Court Division. The petition is, accordingly, dismissed. Ed. ......laration reinstatement as well as LPR benefit are set aside while the judgment in respect to mandatory injunction declaration, reinstatement and LPR benefits affirmed. 2. The plaintiff-respondent instituted Other Class Suit No. 66 of 1992 in the 1st Commercial Court of Subo..Category: Employment/Service Law | Date: | Hits: 136
Government of Bangladesh Vs. Md. Nurul Haque & others, 2006, 35 CLC (AD)
....xed by the trial court. The trial court thereafter would dispose of the suit in accordance with law. The appeal is accordingly allowed without any order as to costs. Ed. ......-For the Appellant Syed Mahbubur Rahman, Advocate-on-Record- For Respondent Nos 1-3 Not represented- Respondent Nos. 4-7 Civil Appeal No. 288 of 2002 (From the judgment and order dated 15.01.2001 passed by the High Court Division in Civil Revision No. 1635 of 1995.) ......xed by the trial court. The trial court thereafter would dispose of the suit in accordance with law. The appeal is accordingly allowed without any order as to costs. Ed. ......gh Court Division in Civil Revision No. 1635 of 1995 rejecting the application for restoration of Civil Revision No. 1635 of 1995 to its original file and number. 2. Short facts are that the plaintiff-respondents instituted Title Suit No. 54 of 1991 against the defendant petitioner an..Category: Property Law | Date: | Hits: 31
Ershad Ali Howlader Vs. Santi Rani Dhupi and others, 2006, 35 CLC (AD)
....ground of the discussions 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 MLR (AD) 105. ......MLR (AD) 105. ......ground of the discussions 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 MLR (AD) 105. ......ment and decree dated April 28, 1985 of the Court of Munsif (now Assistant Judge) Upazila Babuganj, Barisal in Title Suit No. 285 of 1984 decreeing the same in part and thereby declaring title of the plaintiff Nos.2-4 acquired by the kabala dated September 30, 1975 and also declaring title of the de..Category: Property Law | Date: | Hits: 53
Md. Abul Kashem & others Vs. Montaz Ali Mondal & others, 2006, 35 CLC (AD)
....ent of the materials on record arrived at a correct decision. There is no cogent reason to interfere with the same. The appeal is dismissed without any order as to costs. Ed. ......n-Record-For the Appellants. A.K.M.Shahidul Huq, Advocate-on-Record-For Respondent No.1 Ex Parte- Respondent Nos. 2-3 Civil Appeal No. 216 of 2002 (From the judgment and order dated 08.12.1999 passed by the High Court Division in Civil Revision No. 240 of 1991.) ......ent of the materials on record arrived at a correct decision. There is no cogent reason to interfere with the same. The appeal is dismissed without any order as to costs. Ed. ......appeal by leave is directed against the judgment and order dated 08.12.1999 passed by a Single Bench of the High Court Division in Civil Revision No. 240 of 1991 discharging the Rule. 2. The plaintiffs instituted Title Suit No. 274 of 1975 in the 1st Court of Subordinate Judge (now Joint D..Category: Property Law | Date: | Hits: 59
Messrs Al-Haj Oil Mills Ltd. Vs. Wilmer Trading (Pvt.) Ltd. & Ors., 2006, 35 CLC (AD)
....ended with as prayed for. Status-quo granted earlier be further extended till disposal of the appeal. The appeal is fixed on 6th November 2006 in the list at the top. Ed. ......ructed by Zahirul Islam, Advocate-on-Record-For Respondent No. 7 Not represented -Respondent Nos. 1-6 Civil Petition for Leave to Appeal No. 264 of 2006 (From the judgment and order dated 26.10.2005 passed by the High Court Division in first Appeal No. 70 of 2004) ......ended with as prayed for. Status-quo granted earlier be further extended till disposal of the appeal. The appeal is fixed on 6th November 2006 in the list at the top. Ed. ......ave to appeal against the judgment and order dated 26.10.2005 passed by a Division Bench of the High Court Division in First Appeal No. 70 of 2004 dismissing the appeal. 2. The petitioner as plaintiff instituted Title Suit No. 214 of 2003 in the Court of Joint District Judge, 2nd Court, C..Category: Business or Commercial Law | Date: | Hits: 121
Md. Mofazzal Hossain Vs. Md. Muklesur Rahman and others, 2006, 35 CLC (AD)
....re the paper book out of court in accordance with Rules. In part II of the paper book deposition of both the parties and the exhibited documents in the suit are to be included. Ed. ...... Md. Ruhul Amin J Md Tafazzul Islam J Md. Mofazzal Hossain………………………Petitioner Vs. Md. Muklesur Rahman and others.....Respondents Judgement June 25, 2006 Lawyers Involved: Nu......re the paper book out of court in accordance with Rules. In part II of the paper book deposition of both the parties and the exhibited documents in the suit are to be included. Ed. ......vision in Civil Revision No. 3436 of 1993). Judgement: Md. Tafazzul Islam J.- The plaintiff filed this petition for leave to appeal impugning the judgment and decree dated 25.7.2004..Category: Property Law | Date: | Hits: 30
Noor Uddin Vs. Alimuddin and others, 2005, 34 CLC (AD)
....mstances, we are of the view that the High Court Division upon correct assessment of the materials arrived at a correct decision. Accordingly, the petition is dismissed. Ed. ...... Appellate Division (Civil) Present: M.M. Ruhul Amin J Md.Tafazzul Islam J Noor Uddin ...............................Petitioner Vs. Alimuddin and others………….........Respondents Judgment August 22, 20......mstances, we are of the view that the High Court Division upon correct assessment of the materials arrived at a correct decision. Accordingly, the petition is dismissed. Ed. ......ed against the judgment and order dated 29.06.2003 passed by a Single Bench of the High Court Division in Civil Revision No.4300 of 2002 making the Rule absolute. 2. Short facts are that the plaintiffs instituted Partition Suit No.295 in the Court of learned Subordinate Judge, (now Joint D..Category: Procedural Law | Date: | Hits: 154
Bhulu Miah and others Vs. Begum Shakhina Khatun and others, 2005, 34 CLC (AD)
.... be deposited within 1 (one) month. Preparation of paper book is dispensed with as prayed for. Stay granted earlier be extended for further period of 6 (six) months from date. Ed. ...... ...... be deposited within 1 (one) month. Preparation of paper book is dispensed with as prayed for. Stay granted earlier be extended for further period of 6 (six) months from date. Ed. ......sion in civil Revision No. 1806 of 2004 making the Rule absolute by sending the suit back to the lower appellate Court on remand. 2. The predecessor of the petitioners namely Abul Bashar as plaintiff filed Title Suit No.45 of 1995 in the Court 1st Court of the Senior Assistant Judge, Gazi..Category: Property Law | Date: | Hits: 32
Md. Belayet Hossain Vs. Abul Fayez Md. Abdullah and others, 2005, 34 CLC (AD)
....such view of the Matter we do not find any substance in the submissions of the learned advocate. In view of the discussions made above leave petition is accordingly dismissed. Ed. ...... Amin J Md. Tafazzul Islam J Amirul Kabir Chowdhury J Md. Belayet Hossain……………….Petitioner Vs. Abul Fayez Md. Abdullah and others…………….Respondents Judgment June 13, 2005......such view of the Matter we do not find any substance in the submissions of the learned advocate. In view of the discussions made above leave petition is accordingly dismissed. Ed. ......ion Case No. 04 of 2000 rejecting the application of the judgment debtor respondent No. 1 for stay of all further proceedings of Title Execution Case No. 4 of 2000. 2. Respondent Nos. 2-4 as plaintiffs filed Title Suit No. 215 of 1996 before the 1st Court of Assistant Judge, Dhaka for dec..Category: Property Law | Date: | Hits: 33
Fulbaria Market Dokandar Malik Samity Vs. Khatigrastha Dokandar Kallyan Samity, 2005, 34 CLC (AD)
.... be deposited within one month. Preparation of paper book is dispensed with as prayed for. Status quo granted earlier be extended for further 6 (six) months from date. Ed. ......rt Appellate Division (Civil) Present: Syed J. R. Mudassir Husain CJ Mohammad Fazlul Karim J Amirul Kabir Chowdhury J Fulbaria Adrasha Market Dokandar Malik Samity & anr...... Petitioners (In Civil Petition No. 392 of 2005) Dhaka Mah...... be deposited within one month. Preparation of paper book is dispensed with as prayed for. Status quo granted earlier be extended for further 6 (six) months from date. Ed. ......nt Judge 4th Court, Dhaka in Title Suit No. 115 of 1998 allowing an application for mandatory injunction and directing the plaintiff petitioners to hand over possession of the suit land to the plaintiff respondent Nos.1 and 2. 2. Civil Petition for Leave to Appeal No. 523 of 2005 has..Category: Civil Law | Date: | Hits: 120
Nurun Nabi Mullah and others Vs. Abdul Karim, 2005, 34 CLC (AD)
....m of the plaintiffs. In view of the discussions made herein-above we find merit in the appeal. Accordingly the appeal is allowed. There is no order as to costs. Ed. ......There is no order as to costs. Ed. ......m of the plaintiffs. In view of the discussions made herein-above we find merit in the appeal. Accordingly the appeal is allowed. There is no order as to costs. Ed. ......ourt Division in Civil Revision No. 232 of 1999) Judgment: Md. Ruhul Amin J. - This is plaintiffs' appeal by leave against the judgment and order dated July 16, 2001 of a Single Bench of..Category: Property Law | Date: | Hits: 40
GM, Rangpur Palli Bidyut Samity Vs. Md. Ali Reza, 2006, 35 CLC (AD)
....a correct decision. There 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) 600, 12 BLC (AD) 7. ......an, Advocate instructed by Mahmuda Begum, Advocate-on-Record—For the Petitioner. Not represented—the Respondent. Civil Petition for Leave to Appeal No. 919 of 2005. (From the judgment and decree dated 5-1-2005 passed by the High Court Division in Civil Revision No.5360 of 2000). ......a correct decision. There 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) 600, 12 BLC (AD) 7. ......directed against the judgment and order dated 5-1-2005 passed by a Single Bench of the High Court Division in Civil Revision No. 5360 of 2000 making the Rule absolute. 2. Short facts are that the plaintiff instituted Other Suit No. 48 of 1998 in the Court of the Senior Assistant Judge, Mithapuku..Category: Employment/Service Law | Date: | Hits: 181
Sudhir Kumar Das and other Vs. Abdul Malek Mia and others, 2007, 36 CLC (AD)
.... 13. In the background of the discussions made hereinabove we find merit in the appeal. Accordingly, the appeal is allowed. There is no order as to costs. Ed. ......Ed. ...... 13. In the background of the discussions made hereinabove we find merit in the appeal. Accordingly, the appeal is allowed. There is no order as to costs. Ed. ......ed on the petitioner and the petitioner was fully aware of the date of peremptory hearing of the suit and intentionally allowed the suit to be disposed of ex parte with the object of harassing the plaintiff-opposite party. It was also contended that the Miscellaneous Case was barred by limitatio..Category: Civil Law | Date: | Hits: 112
Kazi Md. Abdul Kuddus and another Vs. Kaimon Bewa and Others, 2006, 35 CLC (AD)
....rt was in error. 16. In the background of the discussions made hereinabove we find no merit in the appeal. Accordingly, the appeal is dismissed without any order as to costs. Ed. ......ismissed without any order as to costs. Ed. ......rt was in error. 16. In the background of the discussions made hereinabove we find no merit in the appeal. Accordingly, the appeal is dismissed without any order as to costs. Ed. ......99 of the 1st Court of Assistant Judge, Naogaon in Small Cause Courts Case No. 1 of 1992 decreeing the same. 2. Facts averring which the suit was filed are, that premises in suit belonged to plaintiffs' predecessor Mir Baksha Miah and the said premises was let out to the defendants on..Category: Property Law | Date: | Hits: 46
Maleka Khatun and others Vs. Amena Khatun and others, 2007, 36 CLC (AD)
....the Partition Act. 17. In the background of the discussions made hereinbefore, we find merit in the appeal. Accordingly, the appeal is allowed with costs at all stages. Ed. ...... allowed with costs at all stages. Ed. ......the Partition Act. 17. In the background of the discussions made hereinbefore, we find merit in the appeal. Accordingly, the appeal is allowed with costs at all stages. Ed. ......n Civil Revision No.2335 of 1992). Judgment: Md. Ruhul Amin J. - Appellants are the heirs of plaintiff Afsaruddin. The appeal has been filed against the judgment dated May 13, 1997 in Civil Re..Category: Property Law | Date: | Hits: 44
Chairman, Mongla Port Authority Vs. Kazi Brothers and others, 2007, 36 CLC (AD)
....rding calculations made by the trial Court in respect of the claims of the parties for passing decree in part. So, there is no need of discussing those. The appeal is dismissed with costs. Ed. ......rt Appellate Division (Civil) Present: Md. Ruhul Amin J M M Ruhul Amin J Md. Tafazzul Islam J Chairman, Mongla Port Authority............. Appellant Vs. Kazi Brothers and others…………………………Respondent Judgment June 22, 2004 Case Referred To-......rding calculations made by the trial Court in respect of the claims of the parties for passing decree in part. So, there is no need of discussing those. The appeal is dismissed with costs. Ed. ......gainst those of dated 16-11-1991 passed by the learned Subordinate Judge (now Joint District Judge), First Court, Khulna in Money Suit No. 12 of 1989 decreeing the suit. 2. The respondent No.1, as plaintiff, instituted the above suit praying for a decree of Taka 66,06,500 on the averments, inter ..Category: Civil Law | Date: | Hits: 109
Bangladesh Agricultural Development Corporation Vs. Artha Rin Adalat and ors., 2006, 35 CLC (AD)
....well officers of the Court. We have perused the impugned judgment. There is no error. The petitions are therefore dismissed. Ed. This Case is also Reported in: 59 DLR (2007) (AD) 6. ......Civil) Present: Syed JR Mudassir Husain CJ MM Ruhul Amin J A Kabir Chowdhury J Bangladesh Agricultural Development Corporation (BADC)..............Petitioner Vs. Artha Rin Adalat and others ...............Respondents Judgment June 29, 2006. Result: The petitions are......well officers of the Court. We have perused the impugned judgment. There is no error. The petitions are therefore dismissed. Ed. This Case is also Reported in: 59 DLR (2007) (AD) 6. ......05 in Bangladesh currency and that according to the terms of the LC the petitioner was to release the shipping documents on payment of the banks dues and that on receipt of the shipping documents the plaintiff respondent informed the defendant petitioner by letters dated 25-3-1991, 9-4-1991 and 24-4..Category: Business or Commercial Law | Date: | Hits: 135
Nurul Huq Khan Vs. GM, Sonali Bank, Head Office, Dhaka, Bangladesh and others, 1989, 18 CLC (AD)
....as deprived of procedural protection which was available to him at the initiation of the proceeding. The petition is dismissed. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 179. ......n J ATM Afzal J Nurul Huq Khan.................…………………………………………….Plaintiff-Petitioner Vs. General Manager, Sonali Bank, Head Office, Dhaka, Bangladesh and ors...………….Defendant- Respondents Judgment May 2, 1989. Result: The petitio......as deprived of procedural protection which was available to him at the initiation of the proceeding. The petition is dismissed. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 179. ......f 1988. (From the judgment and order dated 4.2.1988 passed by the High Court Division, Rangpur Session in Civil Revision Case No. 411 of 1985). Judgment ATM Afzal J. - This petition by the plaintiff is from the judgment and order dated 4 February 1988 passed by a Single Judge of the Hig..Category: Employment/Service Law | Date: | Hits: 98
Anwar Hossain Bhuiyan Vs. Shaikh Moslem Ali, 1990, 19 CLC (AD)
....t to this direction the appeal is disposed of and the impugned order of the High Court Division is modified accordingly. No costs. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 158. ......of the High Court Division is modifie. The Code of Civil Procedure, 1908 (V of 1908), Order XLI, rule 5 Out of the decretal amount Tk. One lac is to be paid to the respondent within two months and the respondent shall furnish security to refund of the amount whenever required and in such mann......t to this direction the appeal is disposed of and the impugned order of the High Court Division is modified accordingly. No costs. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 158. ......stion is whether the High Court Division correctly exercised its discretion refusing stay of execution of the decree appealed against in a first appeal, namely F.A. No. 81 of 1989. 2. Respondent-plaintiff filed Money Suit No. 139 of 1989 in the 3rd Court of the Subordinate Judge, Dhaka, for rec..Category: Civil Law | Date: | Hits: 117
Mahaprabhu Ram Vs. Gopal Ram Ram & others, 1990, 19 CLC (AD)
....f. Hence on all counts we find that the impugned judgment does not merit any interference. The appeal is dismissed with costs. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 154. ......ents Judgment February 15,1990. Result: The appeal is dismissed. The Non-Agricultural Tenancy Act, 1949 (XXIII of 1949), sections 7 & 88 Adverse Possession If the appellant and the other heirs of Raj Kumar continued to occupy the suit land after Raj Kumar's death in 1939, ......f. Hence on all counts we find that the impugned judgment does not merit any interference. The appeal is dismissed with costs. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 154. ......d' title on the appellant on a gratuitous finding of adverse possession in his favour, unwarranted by pleadings. This gratuitous conferment of title was uncalled for in a suit for partition where the plaintiff’s claim of title is to be looked into incidentally. If the precise title to which he lay..Category: Tenancy Law | Date: | Hits: 169
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