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Abdul Matin Chowdhury Vs. Chapala Rani Sen and others, 1984, 13 CLC (AD)
....dingly it is set aside and the decree of the First Appellate Court is restored. The appeal is allowed with costs. Ed. This Case is also Reported in: 37 DLR (AD) (1985) 205, 1985 BLD (AD) 172.......efendant No. 2 denied the authorship of Ext. 3. There is no expert opinion as to the disputed signature of defendant No. 2, in the said objection petition. The learned Subordinate Judge in spite of prayer of the plaintiff for expert examination of the signature of defendant No. 2 in Ext. 3 did not..Category: Property Law | Date: | Hits: 40
Syed Amir Hossain Vs. Mrs. Nadera Rahman, 1985, 14 CLC (AD)
....e set aside and that of the District Judge is restored. In the circumstances of the case we however do not make any order as to costs. Ed. This Case is also Reported in: 37 DLR (AD) (1985) 184.......cation under section 115, Civil Procedure Code, may be treated as an application under section 32(3) of the Waqf Ordinance. It appears that the respondent also in her concise statement made a similar prayer for converting her application under section 115 C.P.C. to an application under section 32(..Category: Procedural Law | Date: | Hits: 112
Syed Kawsar Ali Vs. Gahar Kazi & ors., 1985, 14 CLC (AD)
.... that there was a further provision that if the partition should prove to be invalid the deed should take effect as a sale property inherited by the vendor in the district of Dhaka. In view of the alternative provision the registration at Dhaka was valid. 9. A sells immovable property to ......rder of the High Court Division is set aside and those of the appellate court below restored. Ed. This Case is also Reported in: 37 DLR (AD) (1985) 177. ..Category: Property Law | Date: | Hits: 36
Md. Ebadullah Bepari Vs. Nikhil Chandra Das, 1985, 14 CLC (AD)
....rt rejecting the application under Order IX, rule 13 C.P.C. The appeal is therefore dismissed. We however make no order as to costs. Ed. This Case is also Reported in: 37 DLR (AD) (1985) 174. ......he instant case are such as to attract our decision in the above mentioned case. The suit for ejectment was filed in 1981 and date for per-emptory hearing was fixed for 2-1-82, but on the appellant's prayer it was adjourned to 6-4-82 and again to 27-5-82. But on that day also the appellant was found..Category: Tenancy Law | Date: | Hits: 159
Mrs. Malekha Khatun and others Vs. Md. Abul Kashem & ors., 1985, 14 CLC (AD)
.... on the basis of a spurious claim of settlement from Priyabala threatened to dispossess the plaintiffs who then filed the suit for declaration of tide, confirmation of possession, in the alternative for recovery of possession. During the pendency of the suit, defendant Nos.1 ......l-founded both in law and fact leaving no scope for interference. The appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: 37 DLR (AD) (1985) 164. ..Category: Property Law | Date: | Hits: 32
Ali Jan Khan & others Vs. Bangladesh, 1984, 13 CLC (AD)
.... that no contempt had been committed and the petition is therefore dismissed. The order of this court dated 31.10.84 is hereby vacated. Ed. This Case is also Reported in: 37 DLR (AD) (1985) 161.......s, took possession by demolishing the structures on 1st and 2nd November, 1984. It is true that the High Court Division passed an order on 25.10.84. When questioned by the Court whether the necessary prayer was made, before the High Court Division to stay the operation of its order so as to enable (..Category: Property Law | Date: | Hits: 55
Mahbubur Rahman Sikder and others Vs. Mujibur Rahman Sikder and others, 1983, 12 CLC (AD)
.... above variations in the judgment of this Court passed in the aforesaid appeals on July 13, 1982 the judgment will remain operative. Ed. This Case is also Reported in: 37 DLR (AD) (1985) 145. ......n February 6, 1983. ''Let a notice be issued upon the parties to show cause within two weeks as to why our judgment (dated 13.7.82) should not be reviewed." 2. This notice was issued not on the prayer of any of the parties in the aforesaid criminal miscellaneous petition, but was made suo motu..Category: Constitutional Law | Date: | Hits: 149
Kalipada Saha Vs. State, 1985, 14 CLC (AD)
....Court of Begum Asma, Hannan, Upazila Magistrate, Kushtia transferred to the Drug Court at Dhaka for trial and disposal. Ed. This Case is also Reported in: 37 DLR (AD) (1985) 135. ......rsquo; Court House street, Dhaka. The trouble starts from here, 3. The learned Magistrate by her order dated 18-7-8-4 issued warrant of arrest and attachment and proclamation on the prayer of the police though the Director Drug Administration and Licensing Authority requested..Category: Criminal Law | Date: | Hits: 59
Ummu Kawsar Salabil Vs. Shams Corporation (Pvt.) Ltd. and ors., 1984, 13 CLC (AD)
....quo; Trial of the suit is to be concluded on or before 20th December, 1984. There will be no order as to costs. Ed. This Case is also Reported in: 37 DLR (AD) (1985) 117. ......ant had a prima facie case for granting temporary injunction. The grant of injunction by the learned Subordinate Judge is in the following terms: "It is therefore, Ordered that the prayer for temporary injunction be allowed ex-parte. The defendant Nos.1 & 2 be restrained from..Category: Others | Date: | Hits: 84
Bangladesh Vs. KM Zaker Hossain and others, 2002, 31 CLC (AD)
.... and order of the High Court division dated August 31, 1977 in writ petition no. 41 of 1973 is set aside. The appellant shall get costs. Ed. This Case is also Reported in: I ADC (2004) 371.......d order of December 24, 1992 of the First Court of Settlement, Dhaka in case No. 397 of 1989 (ka-54, Gulshan Model Town, Dhaka) holding No. NE (C)-2 Road No.71 Gulshan Model Town, Dhaka rejecting the prayer for releasing the aforesaid property from the list of abandoned buildings as published in the..Category: Property Law | Date: | Hits: 40
Moudud Ahmed and others Vs. Md Anwar Hossain Khan (dead) and others, 2007, 36 CLC (AD)
....g payment of the salaries, allowances, dues and other facilities and privileges to the respondent Nos. 3-5 as Members of the Parliament and leaders of the opposition parties in the Parliament alternatively to restrain the respondent Nos. 3-5 from receiving the aforesaid salary and bene......irection so issued in terms of the Rule is not tenable as the said Rule would interfere with the functions, powers, privilege and remuneration of the Parliament as well as of the members, that prayer made in the writ petition if allowed that would tantamount to destroy the principle of separ..Category: Constitutional Law | Date: | Hits: 147
Bangladesh Vs. Abul Kaiser Chowdhury and others, 1984, 13 CLC (AD)
....n record, In case of Mahabir Prasad Vs. Jage Ram and others of Maddapradesh, AIR 1971 (SC) 742 the Indian Supreme Court considered the same question as follows: "Even on the alternative ground that Mahabir Prasad being one of the heirs Saroj Devi there can be no abatement...... reason to take a different view. In this view of the matter the appeal is allowed. The suit is dismissed. No order as to costs. Ed. This Case is also Reported in: 37 DLR (AD) 85. ..Category: Trust/Waqf Law | Date: | Hits: 193
Jarina Khatun & ors. Vs. Pulin Chandra Das and others, 1984, 13 CLC (AD)
...., the appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: 37 DLR (AD) 67. ...... file the suit. 5. Suit is not maintainable under section 83 of the Code of Civil Procedure and is also barred under section 42 of the Specific Relief Act. Mere declaration without any prayer for consequential relief on payment of ad valorem court fee cannot be entertained. The s..Category: Property Law | Date: | Hits: 38
Vickchand Miah and others Vs. Khurshida Khatun & ors., 1996, 25 CLC (AD)
.... that does not affect the substantial decision of the High Court Division. Accordingly this appeal is dismissed with costs. Ed. This Case is also Reported in: II ADC (2005) 349. ...... Mia by her former husand. On 17 October 1983 Abdul Barek executed a deed of heba-bil-ewaz in respect of the said land in favour of Khorsheda Khatun and Dhan Mia in exchange of a Holy Quran. Upon a prayer made to the Registering Officer, Raipura under section 38(2) of the Registration Act Ab..Category: Property Law | Date: | Hits: 40
Bangladesh Vs. Chairman, 1st Court of Settlement, Segunbagicha, Ramna, Dhaka, 2003, 32 CLC (AD)
.... Division in the Writ Petition No. 1370 of 1994. In the result, the appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: II ADC (2005) 346. ......eement was executed, the question whether the original owner was present in Bangladesh when the Presidents Order No. 16 of 1972 was promulgated is not at all relevant. The respondent No. 2 made the prayer for exclusion of the case property from "Ka" list not on the basis of a decr..Category: Property Law | Date: | Hits: 38
Danish Ali & others Vs. Mrs. Sakina Bai & ors., 1998, 27 CLC (AD)
....ever, any order as to cost. The impugned Judgment of the High Court Division is set aside and that of the trial court is restored Ed. This Case is also Reported in: II ADC (2005) 342. ......uted the case and that they have received information that the said Sakina Bai is a dead person and that she died 2/3 years back. By filing a written objection on behalf of defendant No. 1 the prayer of the plaintiffs was opposed stating inter alia, that she is very much alive and has been ..Category: Procedural Law | Date: | Hits: 96
Bangladesh and others Vs. Jahangir Alam and others, 1998, 27 CLC (AD)
....impugned judgment of the High Court Division as well as the order of temporary injunction passed by the trial court are set aside. Ed. This Case is also Reported in: II ADC (2005) 318. ...... of 1997 preferred by the appellants against the judgment and order dated 27.3.97 passed by the learned Subordinate Judge, 1st Court, Netrakona in O.C. Suit No. 3 of 1997, allowing the plaintiff's prayer for temporary injunction, under order 39 Rule 1 and 2 of the Code of the Civil Procedure, re..Category: Property Law | Date: | Hits: 34
Md. Awlad Hossain and another Vs. Joynab Bibi and another, 2004, 33 CLC (AD)
.... set aside but with the warning that the appellants in future should be respectful while addressing, communicating or dealing with the Court. Ed. This Case is also Reported in: II ADC (2005) 256.......t Judge) Dhaka, declaring her title and for recovery of khas possession of the properties as described in the schedule of the plaint, filed Execution Case No. 28 of 1986 in the above Court and on her prayer for police help in getting delivery of possession, the above execution Court after having rec..Category: Criminal Law | Date: | Hits: 51
Tafijul Huq Sarker Vs. Bangladesh and others, 1998, 27 CLC (AD)
....ivision took the view that there was a provision for appeal against the order of the Administrator of Waqfs before the District Judge under sub-section (2) of section 32 of the Ordinance which was an alternative and efficacious remedy not availed of by the appellant. Accordingly the learned Judges......er be sent back on remand to the High Court Division for disposal on merit. There shall be no order as to costs. Ed. This Case is also Reported in: II ADC (2005) 254; 4 MLR (AD) 1999, 19. ..Category: Trust/Waqf Law | Date: | Hits: 190
Md. Shamsul Haque Vs. Salenullah and others, 2003, 32 CLC (AD)
.... risk or chance of any conflicting decision. In view of the above, this appeal is allowed without any order as to cost. Ed. This Case is also Reported in: II ADC (2005) 233. ......urt Division erred in rejecting the revisional application summarily holding that the proposed amendment would change the nature and character of the suit without considering that the plaintiff's prayer for amendment was allowed in part by the trial Court and that the High court Division did n..Category: Procedural Law | Date: | Hits: 38
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