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Waez Uddin and others Vs. Anwara Begum and others, 2006, 35 CLC (AD)
....awyers Involved: Rabi Shankar Chakraborty, Advocate instructed by A. K. M. Shahidul Huq, Advocate-on- Record-For the Petitioners. Not represented-the Respondents. Civil Petition for Leave to Appeal No. 1658 of 2004. (From the Judgment and order dated 29th June, 2004 pass...... the High Court Division so as to call for any interference from this Division. Accordingly the petition is dismissed. Ed. This Case is also Reported in: IV ADC (2007) 661. ......al No.726 of 1994 reversing those of dated 29.9.1984 passed by the learned Munsif (now Assistant Judge), Rangunia, Chittagong in Other Suit No. 110 of 1982 decreeing the suit in part. 2. The plaintiff, the predecessor of the petitioners, instituted the above Other Suit No.110 of 1982 for d..Category: Civil Law | Date: | Hits: 83
Md. Shamsul Haque and another Vs. Md. Abdul Jalil Khan and others, 2006, 35 CLC (AD)
....ondents Judgment August 28, 2006. Lawyers Involved: Md. Nawab Ali, Advocate-on-Record-For the Petitioners. Not represented-the Respondents. Civil Petition for Leave to Appeal No. 425 of 2004 (From the judgment and order dated 26-06-2002 passed by t......to differ with the above findings of the High Court Division. This petition merits no consideration. Accordingly, it is dismissed. Ed. This Case is also Reported in: IV ADC (2007) 658. ......t and order dated 26-06-2002 passed by a Single Bench of the High Court Division in Civil Revision No. 3458 of 1997 making the Rule absolute. 2. Facts, leading to this petition, are that the plaintiff-respondent instituted Other Class Suit No. 109 of 1985 praying for permanent injunction r..Category: Property Law | Date: | Hits: 23
Abdus Sukkur and others Vs. Mohammad Younus and others, 2006, 35 CLC (AD)
....06. Lawyers Involved: Kamal-ul-Alam, Advocate instructed by A.S.M. Khalequzzaman, Advocate-on-Record-For the Petitioners. Not represented-the Respondents. Civil Petition for Leave to Appeal No. 1183 of 2005. (From the Judgment and Order dated May 11, 2005 passed ......ackground of the discussions made hereinabove we find no merit in the Petition. Accordingly the petition is dismissed. Ed. This Case is also Reported in: IV ADC (2007) 654. ......e same. 2. The suit was filed seeking separate saham of 34 decimals of land on partition of 1.14 acres of land. The appellate Court upon allowing the appeal passed a decree in favour of the plaintiff allotting separate saham for 34 decimals of land from the land described in the schedule ..Category: Property Law | Date: | Hits: 24
Bangladesh Bank Vs. Sk. Abul Hossain and others, 2006, 35 CLC (AD)
....Record-For the Petitioner. Razaul Hasan, Advocate, instructed by Zahirul Islam, Advocate-on-Record-For Respondent No. 2. Not represented-Respondent Nos. 1, 3-4. Civil Petition for Leave to Appeal No. 1332 of 2004. (From the judgment and order dated 9th August, 2004 pas......rrived at a correct decision and there is no cogent reason to interfere with the same. The petition is dismissed. Ed. This Case is also Reported in: IV ADC (2007) 649. ......rrived at a correct decision and there is no cogent reason to interfere with the same. The petition is dismissed. Ed. This Case is also Reported in: IV ADC (2007) 649. ..Category: Business or Commercial Law | Date: | Hits: 78
Water Supply and Sewerage Authority (WASA) and another Vs. Md. Abdus Sobhan, 2006, 35 CLC (AD)
.... Mahbubey Alam, Senior Advocate, instructed by Chowdhury Md. Zahangir, Advocate-on-record-For the Petitioners Md. Nawab Ali, Advocate-on-record-For the Respondent Civil Petition for Leave to Appeal No. 1475 of 2004 (From the Judgment and Order dated August 31, 2004 passe......o error in making the Rule absolute and as such no interference is called for. Accordingly the petition is dismissed. Ed. This Case is also Reported in: IV ADC (2007) 646. ......ment and decree dated September 25, 1994 of the 2nd Court of Assistant Judge, Dhaka in Title Suit No. 19 of 1993 decreeing the same and thereupon directing the defendants to reinstate the plaintiff in his post with effect from September 20, 1990 within 45 days with the benefits and all..Category: Employment/Service Law | Date: | Hits: 64
Khondker Ansar Ahmed & others Vs. A.T.M. Monsur Ali Mallik & others, 2007, 36 CLC (AD)
....y decreeing both the Title Suit Nos. 984 of 1962 and 134 of 1964. 2. Title Suit Nos. 134 of 1964 and 984 of 1962 were filed by the plaintiff respondents in the 1st Court of Assistant Judge, Khulna for ejectment of the defendant appellants as monthly tenants from Municipal holding Nos. 13 and 12 r...... cogent reason to interfere with the same. Both the appeals are, therefore, dismissed with costs at all stages. Ed. This Case is also Reported in: IV ADC (2007) 640, 19 BLT (AD) (2011)129. ......of 1981 and allowing the Second Appeal No.116 of 1979 and thereby decreeing both the Title Suit Nos. 984 of 1962 and 134 of 1964. 2. Title Suit Nos. 134 of 1964 and 984 of 1962 were filed by the plaintiff respondents in the 1st Court of Assistant Judge, Khulna for ejectment of the defendant app..Category: Property Law | Date: | Hits: 34
Peninsular Shipping Service Ltd. Vs. M/s. Faruque Paint & Varnish Manufac. Co Ltd. 2006, 35 CLC (AD)
....High Court Division admitting the appeal being F. M. A. No. 66 of 2005 and staying operation of the order dated 17.02.2005 passed by Artha Rin Adalat No.4, Dhaka. 2.The facts, in short, necessary for the disposal of the appeal are that the respondent No. 1 borrowed Tk.50,000,00/- from respondent......re are merits in the appeal. The appeal is therefore allowed. The impugned Order is set aside. Parties do bear their respective costs. Ed. This Case is also Reported in: 12 MLR (AD) (2007) 1. ......, necessary for the disposal of the appeal are that the respondent No. 1 borrowed Tk.50,000,00/- from respondent No.3 Standard Chartered Bank and mortgaged the property mentioned in schedule A of the plaint of Title Suit No. 35 of 1996 renumbered as Title Suit No. 261 of 1999 and the borrower defaul..Category: Civil Law | Date: | Hits: 132
Md. Rabiul Awal @ Sohel Miah Vs. Md. Abdur Rab @ Abdur Rab, 2007, 36 CLC (AD)
....2007. Lawyers Involved: Mahbubey Alam, Senior Advocate, instructed by Chowdhury Md. Zahangir, Advocate-on- Record- For the Appellant. Not Represented- For the Respondent. Civil Petition for Leave to Appeal No. 258 of 2005 (From the judgment and order dated 14th December, 2004 passed......issions of the learned Counsel appearing for the petitioner. 17. Accordingly, the petition is dismissed without any order as to costs. Ed. This Case is also Reported in: 13 MLR (AD) 2008, 221.......7, Dhaka in Title Appeal No.153 of 1999 affirming those dated 08.03.1999 passed by the Subordinate Judge, Arbitration Court, Dhaka in Title Suit No.51 of 1997decreeing in part. 2. One Abdur Rab as plaintiff on 17.11.1990 instituted Title Suit No.388 of 1990 in the First Court of Assistant Judge a..Category: Tenancy Law | Date: | Hits: 180
Ratan Chandra Dey and others Vs. Jinnator Nahar and others, 2007, 36 CLC (AD)
.... Not represented- Respondent Nos. 2-28. Civil Petition for leave to Appeal No. 1187 of 2004 (From the Judgment and order dated 21st May, 2003 passe......n of the High Court Division so as to call for any interference. 7. The petition is dismissed. Ed. This case is also Reported in: 61 DLR (AD) (2009) 116; 13 MLR (AD) 2008, 168. ......n Title Appeal No.14 of 1991 reversing those of dated 29.11.1990 of the Assistant Judge, 3rd Additional Court, Sadar, Noakhali passed in Title Suit No.515 of 1983 decreeing the suit. 2. The plaintiff-petitioners, along with others, filed the above Title Suit No.515 of 1983 for declaration..Category: Property Law | Date: | Hits: 33
Abdul Hai and other Vs. Chan Banu Bibi, 2007, 36 CLC (AD)
..... Lawyers Involved: M. Enayetur Rahim, Advocate, instructed by A.K.M. Shahidul Huq, Advocate-on-Record- For the Petitioners. Not represented-Respondent. Civil Petition for Leave to Appeal No. 451 of 2004. (From the judgment and order dated 21.10.2003 pass......mity in the decision of the High Court Division so as to call for any interference. 8. The petition is dismissed. Ed. This case is also Reported in: 13 MLR (AD) 2008, 129. ......t Judge, Naogaon passed in Title Appeal No.130 of 2003 affirming those of dated 7.5.2003 of the learned Assistant Judge, 4th Court, Naogaon, passed in Other Class Suit No.182 of 2003 rejecting the plaint of the above suit under Order 7 Rule 11 CPC. 2. The petitioners filed the above Other..Category: Property Law | Date: | Hits: 60
Md. Rezaul Ahsan Vs. Salamat Miah Wakf Estate, 2007, 36 CLC (AD)
....ate-on-Record- For the Petitioner. S. M. Monir, Advocate, instructed by Md. Aftab Hossain, Advocate-on-Record- For Respondent No. 1. Not represented- For Respondent No. 2. Civil Petition for Leave to Appeal No. 599 of 2005. (From the judgment and order dated 13th March, 2005 passed b......we do not find any substance in the submissions of the learned Advocate for the petitioner. Accordingly, this petition is dismissed. Ed. This case is also Reported in: 13 MLR (AD) 2008, 110. ......on in Civil Revision No.1541 of 2001 making the Rule absolute with a direction to evict the present petitioner from the suit premises. 2. The relevant facts of the case are that the respondents as plaintiffs filed S.C.C. Suit No. 13 of 1996 for ejectment of monthly tenant from the suit premises a..Category: Tenancy Law | Date: | Hits: 184
Md. Miksar Ali Dewan and others Vs. Dares Ali Mondal and others, 2007, 36 CLC (AD)
....ucted by Md. Aftab Hossain, Advocate-on-Record- For the Petitioners. Md. Nawab Ali, Advocate-on-Record- For the Respondent No.1. Not represented- For Respondent Nos. 2-64. Civil Petition for Leave to Appeal No.1376 of 2004. (From the Judgment and Order dated June 19, 2004 passed by ...... In the background of the discussion made hereinabove we find no merit in the petition. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: 13 MLR (AD) 2008, 105. ......ict Judge) Rajshahi in Other Class Suit No.104 of 1994 dismissing the same. 2. The suit was filed seeking declaration of title in respect of the property mentioned in the schedule attached to the plaint. 3. The case of the plaintiff, in short, is that the property described in the schedule a..Category: Property Law | Date: | Hits: 29
Khorshed Alam (Md) Vs. Hazi Mohiuddin and others, 2007, 36 CLC (AD)
....Respondent Nos. 2 and 4-38. (In Civil Petition No. 1164 of 2005). Md Nawab Ali, Advocate-on-Record—For the Respondents. Not represented—Respondents. Civil Petition for leave to Appeal Nos.1163 & 1164 of 2005. (From the judgment and order dated 16-4-200......cogent ground for interference in the impugned judgment. Accordingly, both the civil petitions are dismissed. Ed. This Case is also Reported in: 13 BLC (AD) (2008) 72. ...... Syed JR Mudassir Husain CJ.- Delay is condoned. Since these two leave-petitions by the same plaintiff arise out of a common judgment and order dated 16-4-2005 passed in two Civil Revision Cas..Category: Procedural Law | Date: | Hits: 86
Shahe Alam (Md) Vs. Md. Golam Sarwar and others, 2000, 29 CLC (AD)
....Ali, Advocate-on-Record—For the Petitioner. Aftab Hossain, Advocate-on-Record—For the Respondent No. 1. Not represented—The Respondent No. 2-5. Civil Petition for Leave to Appeal No. 1205 of 1999. Judgment Ma......Civil Procedure and a new sub-rule (3) has been incorporated. Though as a matter of fact this new sub-rule has not been printed in the Government publications of the Code of Civil Procedure but as amendment was made in the year 1928 in Calcutta the provision is applicable in our country, as we h......o substance in this petition. The petition is therefore dismissed. Ed. This Case is also Reported in: 52 DLR (AD) (2000) 164. ..Category: Election Law | Date: | Hits: 112
Mariam and others Vs. Bangladesh, 1978, 7 CLC (AD)
.... 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 for the loss, caused to them by Irrigatio......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
Mrs. Halima Khatun Vs. Bangladesh and others, 1978, 7 CLC (AD)
....sh;For the Respondents. M. H. Khandker, Senior Advocate with A. T. Kamrul Islam, Advocate— For the Petitioner. Not Represented— The Respondents. Civil Petitions for Special Leave to Appeal No. 171 and 305 of 1977. (From the judgment and order dated J......gulation, cannot be taken away or curtailed except by a Proclamation like any of those of August 20, 1975, November 8, 1975 and November 29, 1976. Since the practice of making any alterations in or amendments to any of the provisions in the Constitution of Bangladesh, 1972 has been consistently t......er the petitions have abated not cannot be in the affirmative. The petitions are, accordingly, dismissed. Ed. This Case is also Reported in: 30 DLR (SC) (1978) 207. ..Category: Constitutional Law | Date: | Hits: 307
A. B. M. Shamsuddin Vs. Mahmuda Selina and others, 2006, 35 CLC (AD)
.... Lawyers Involved: Fariduddin Md. Reza, Advocate, instructed by Md. Nawab Ali, Advocate-on-Record- For the Petitioner. Not represented- the Respondents. Civil Petition for Leave to Appeal No. 916 of 2004 (From the judgment and order dated 02-05-2004 passed by......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. ......No. 375 of 1998 dismissing the same and affirming 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 agai..Category: Property Law | Date: | Hits: 41
Loyal Shipping Ltd. Vs. Castrol UK Ltd. and others, 2006, 35 CLC (AD)
.................Respondents Judgment December 12, 2006. The Code of Civil Procedure, 1908 (V of 1908), Order VIII Rule 6 Counter claim arising out of the same transaction for an ascertained sum is maintainable and the same is to be treated as plaint……&hell......rther the High Court Division erred in holding that the Appellate Division, in the case reported in 36 DLR (AD) 175, did not say that sub-rule 6A, which in India was inserted in Order VIII, CPC by amendment, will be applicable in our country, inasmuch as after quoting the provisions of above ame...... The Code of Civil Procedure, 1908 (V of 1908), Order VIII Rule 6 Counter claim arising out of the same transaction for an ascertained sum is maintainable and the same is to be treated as plaint………….(7) Cases Referred to: United Shipping vs. W..Category: Civil Law | Date: | Hits: 111
Anti-Corruption Commission Vs. Barrister Nazmul Huda and others, 2008, 37 CLC (AD)
....een heard together and are being disposed of under this judgment. 2. Criminal Appeal No. 5 of 2008 has arisen out of leave granting order dated 31-1-2008 passed by this Court in criminal petition for leave to appeal No. 46 of 2008 challenging the order dated 13-12-2007 passed by the High Court D......fe to be certified by duly constituted Medical Board, may consider the matter of granting bail in an appropriate case in an appeal. Ed. This Case is also Reported in: 16 BLT (AD) (2008) 256. ......fe to be certified by duly constituted Medical Board, may consider the matter of granting bail in an appropriate case in an appeal. Ed. This Case is also Reported in: 16 BLT (AD) (2008) 256. ..Category: Anti-Corruption Laws | Date: | Hits: 219
Md. Abu Alam Vs. Zarina Begum and others, 2006, 35 CLC (AD)
....on setting aside the judgment and decree dated January 29, 1991 of the Court of Assistant 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 th......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
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