Search Options
Judgment Advanced Search
Displaying 2321-2340 of 2867 results.
Md. Muinuddin Zulfiquer Vs. Bangladesh, 2006, 35 CLC (AD)
....ioner. Not represented- Respondents. Civil Review Petition No. 47 of 2005 (From the judgment and Order dated December 4, 2004 passed by the Appellate Division in Civil Petition for Leave to Appeal No. 1910 of 2002) Judgment: &......sion while dismissing the petition for leave to appeal observed "In the background of the materials on record we are of the view that the High Court Division was quite correct in holding that amendment of the schedule of the Department of Shipping (Engineer and Ship Surveyor of Inland Ships......e fact of the judgment for review. In the background of the discussions made hereinabove we find no merit in the review petition. Accordingly the petition is dismissed. Ed. ..Category: Employment/Service Law | Date: | Hits: 79
Badal Chandra Das and others Vs. Amena Khatun, 2005, 34 CLC (AD)
....reversing those dated 28.02.1999 by the Senior Assistant Judge, Sadar, Rajshahi in Other Class suit No.265 of 1996 dismissing the suit. 2.The respondent as the plaintiff instituted the suit for declaration of title and recovery of khas possession in respect of the suit land stating, ...... No infirmity in the judgment of the High Court Division could be pointed out for our interference. In that view of this, the appeal is dismissed without any order as to costs. Ed. ......in Title Appeal No.130 of 1999 reversing those dated 28.02.1999 by the Senior Assistant Judge, Sadar, Rajshahi in Other Class suit No.265 of 1996 dismissing the suit. 2.The respondent as the plaintiff instituted the suit for declaration of title and recovery of khas possession in respect ..Category: Property Law | Date: | Hits: 34
Khan Md. Firoj Kabir Vs. Rupali Bank Ltd. and others, 2006, 35 CLC (AD)
....as obtained against the order dated 14-5-98 passed by the learned Assistant Judge, 4th Court, Dhaka in Title Suit No. 278 of 1997 rejecting the application filed by the plaintiff/appellant praying for fixing the next date of the suit for ex parte hearing in view of the default of the defendants ......r VIII, rule 1 of the Code of Civil Procedure by Ordinance No. XLVIII of 1985 was to expedite the time for disposal of the civil suits and that in 39 DLR 11 the High Court Division held that after amendment of Order VIII, rule 1 of the Code of Civil Procedure after the expiry of the stipulated t......discharging the Rule which was obtained against the order dated 14-5-98 passed by the learned Assistant Judge, 4th Court, Dhaka in Title Suit No. 278 of 1997 rejecting the application filed by the plaintiff/appellant praying for fixing the next date of the suit for ex parte hearing in view of th..Category: Employment/Service Law | Date: | Hits: 120
Shahid Hossain Khan (Md) Vs. Abdul Bashed Lashkar and others, 2006, 35 CLC (AD)
....) allowing the same and thereupon setting aside the judgment and order dated January 18, 2001 of the Court of Assistant Judge, Nalchity, Jhalokathi in Title Suit No. 2 of 2001 rejecting the prayer for temporary injunction. The suit was filed seeking decree for permanent injunction restraining th...... decree of permanent injunction. 15. In the background of the discussions made hereinbefore we find merit in the appeal. Accordingly, the appeal is allowed with costs. Ed. ......e prayer for temporary injunction. The suit was filed seeking decree for permanent injunction restraining the defendant Nos. 2-10 from admitting girl students in Nalchity Merchants High School. The plaintiff claiming himself as the Vice-Chairman of the Nalchity Girls High School filed the aforesa..Category: Civil Law | Date: | Hits: 216
Kadam Rosul Silicate Works and others Vs. Sonali Bank, 1990, 19 CLC (AD)
....the decree being silent as to further interest or any interest, it must be held under section 34(2) CPC that the court has refused such interest. The view taken by the High Court Division cannot therefore be supported. Thus the appeal is allowed and the appellants pay an amount of tk. 2000/- to the ......is set aside. The Money Execution case be struck off and the attachment of the appellants' property shall be deemed to be withdrawn. Ed. This case is also reported in: 42 DLR (AD) (1990) 294.......nganj. The question for consideration in this appeal by leave is whether the appellants are liable to pay any interest on the principal sum of Tk. 50,226.70 as claimed by the respondent Sonali Bank, (plaintiff—decree-holder) and decreed on admission by the defendant—appellants. 2. Facts of ..Category: Banking Law | Date: | Hits: 134
Jashimuddin Kanchan (Md) Vs. Md. Ali Ashraf, 1990, 19 CLC (AD)
....ook over its possession. This finding, based on due consideration of evidence, was beyond the scope of the revisional court to interfere with. Executants of the kabala Ext. 1 had no title to the land for transfer to the respondent. Thus both the appeals are allowed and judgement and decree of the Hi......sel for the appellant in both the appeals, has raised a preliminary question. He has contended that Civil Revision No. 118 of 1984 before the High Court Division was not maintainable in view of the amendment of the Civil Procedure Code under which the provision for second appeal was repealed, He p......sposed of by the learned Subordinate Judge by a common judgment dated 21 November 1982. Both the appeals were dismissed; but in the case of TA No. 37 of 1981, the decree was conditional, that is, the plaintiff of the suit (appellant) was found to have been dispossessed from the entire suit land an..Category: Property Law | Date: | Hits: 38
Upendra Chandra Rishi and ors. Vs. Sufia Begum and ors., 1990, 19 CLC (AD)
....al is allowed with costs. The Code of Civil Procedure, 1908 (V of 1908), Order V rule 17 The Civil Rules & Orders Vol. I rr. 69 & 84 (e) The service report not containing essential information about the grounds of refusal to accept the process and names of the persons witnessing the.......12.80 passed in Title Suit No. 789 of 1980 is set aside and the said suit is restored to its file and number. Ed. This case is also reported in: 42 DLR (AD) (1990) 285; 1990 BLD (AD) 194. ......r temporary injunction was refused on contest up to the High Court Division. Leave was granted in this appeal to consider as to whether the subsequent suit was surreptitiously filed by the same plaintiff-respondents against the same defendant-appellants seeking declaration of title in the sa..Category: Procedural Law | Date: | Hits: 116
Muinuddin Zulfiquer (Md) Vs. Government of the Republic of Bangladesh, 2006, 35 CLC (AD)
..... Not represented—The Respondents Civil Review Petition No. 47 of 2005 (From the Judgment and Order dated December 4, 2004 passed by the Appellate Division in Civil Petition for Leave to Appeal No.1910 of 2002) Judgment: Md......iled against the judgment dated October 20, 2002 of a Division Bench of the High Court Division in Writ Petition No. 2597 of 2001 discharging the Rule. 2. The writ petitioner challenged the amendment of the schedule (published in the Gazette on January 23, 1986) of the Department of Shipp......e of the judgment for review. 8. In the background of the discussions made hereinabove we find no merit in the review petition. Accordingly, the petition is dismissed. Ed. ..Category: Employment/Service Law | Date: | Hits: 76
Ambia Khatun and anr Vs. Syed Altaf Hossain and another, 1978, 7 CLC (AD)
....enior Advocate, with Serajuddin Ahmed, Advocate, instructed by B C. Panday, Advocate-on-Record.—For the Petitioner. Not represented—Respondents Civil Petition for special leave to appeal No.160 of 1977 (From the Judgment dated the 31st August, ...... of the Rent Control Ordinance, does not come within the mischief of either of the said provisions. We do not find any merit in this petition which is dismissed. Ed. ......e to appeal is against a judgment of a Single Judge of the High Court, dismissing a Second Appeal, arising out of a suit for specific performance of contract brought by the petitioners as plaintiffs. 2. The petitioners alleged in the said suit that there was a contract for ..Category: Property Law | Date: | Hits: 34
Syed Abdul Haque and other Vs. Surendra Nath Majumder & others, 2007, 36 CLC (AD)
....ers in favour of defendant Nos. 2 and 3 are illegal and void. 2. The suit was filed seeking declaration of title in respect of the land described in schedule 'ka' attached to the plaint and for declaring 4 kabalas described in schedule 'Kha' illegal, fabricated, forged, void, collusive an......sion has not committed any error in making the Rule absolute and thereupon setting aside the judgment of the appellate Court. Accordingly, the appeal is dismissed with costs. Ed. ......judgment and decree dated May 29, 1988 of the Court of Subordinate Judge (now Joint District Judge), Jhalakathi in Title Suit No. 93 of 1985 decreeing the same and thereupon declaring title of the plaintiff and further declaring the kabalas (in all 4) executed and registered on May 24, 1984 by S..Category: Property Law | Date: | Hits: 52
Bangladesh Vs. Md. Shahabuddin and others, 2007, 36 CLC (AD)
....volved: Md. Aftab Hossain, Advocate-on-Record— For the Petitioner. AKM Shahidul Huq, Advocate-on-Record—For Respondent Nos. 1-3. Not represented—Respondent Nos. 4-19. Civil Petition for Leave to Appeal No. 1716 of 2005 (From the Judgment and Order dated March 14, 2005 passed by ......d Advocate-on-Record failed to point out any error in the judgment of the High Court Division of the kind calling for interference by this Division. Accordingly, the petition is dismissed. Ed. ....... The suit was decreed and in execution of the decree Abdul Barek Bepari obtained the kabala through Court, that by a deed of exchange dated March 19, 1977 between Abdul Barek Bepari and his brother, plaintiff No.1, the plaintiff No.1 got the land in suit and thereupon mutated his name and paying re..Category: Tenancy Law | Date: | Hits: 156
AA Raziul Karim Chowdhury Vs. Nasim Bin Rahman & ors., 2007, 36 CLC (AD)
....36 of 1996 was filed seeking the relief primarily: Bangla………….. 4. It may be mentioned that respondent Nos. 1 and 2 herein filed Other Suit No. 26 of 1990 before the 1st Court of Subordinate Judge, Chittagong and the same was later on renumbered as Other ......o the case of Mir Abdul Ali vs. Md. Rafiqul Islam reported in 40 DLR (AD) 75. The fact of the case is that plaintiff filed a suit for declaration of his title to the land in suit and by subsequent amendment he prayed for permanent injunction. The suit was dismissed by the trial Court since plain......ppeal No. 186 of 1999) Judgment: Md. Ruhul Amin J. - This appeal, by leave, is by the plaintiff against the judgment and decree dated April 9, 2003 of the High Court Division in First A..Category: Property Law | Date: | Hits: 94
Dr. Abdur Rahman and others Vs. Bangladesh, 1978, 7 CLC (AD)
....sion, setting aside, in exercise of the powers under section 115 of the Code of Civil Procedure, an order made by the first Court of Subordinate Judge, Dacca rejecting the prayer of the respondent for amendment of the additional written statement filed by the said respondent in a suit instituted......, setting aside, in exercise of the powers under section 115 of the Code of Civil Procedure, an order made by the first Court of Subordinate Judge, Dacca rejecting the prayer of the respondent for amendment of the additional written statement filed by the said respondent in a suit instituted by ......for amendment of the additional written statement filed by the said respondent in a suit instituted by the appellants for declaration of their title. 2. The appellants instituted the suit as plaintiffs on 26-1067 in the first Court of Subordinate Judge, Dacca against Bangladesh, the respo..Category: Property Law | Date: | Hits: 36
Forest Ranger, Bhaluka Range Office, M.singh & ors Vs. Hamid & sons Ltd. & ors , 2005, 34 CLC (AD)
.....S.M. Shafiullah, Advocate with him) instructed by Nurul Islam Bhuiyan, Advocate-on-Record-For Respondent No. 1. Not represented—For the Respondent Nos. 2 &3. Civil Petition for Leave to Appeal No. 196 of 2005 (From the judgment and Order dated 20.04.2004 passed by...... The petitioners are also permitted to prepare paper book out of court in accordance with rules. Stay granted earlier be further extended till disposal of the appeal. Ed. ......bsolute and thereby setting aside the impugned order of the Subordinate Judge (now Joint District Judge), 1st Court, Mymensingh in Miscellaneous Case No. 60 of 1999. 2. Respondent Nos.1-3 as plaintiffs instituted Title Suit No. 56 of 1990 before the learned Assistant Judge, Bhal..Category: Property Law | Date: | Hits: 41
Musammat Sokhina Khatun Vs. Mosammat Rowshanara Begum and others, 2006, 35 CLC (AD)
.... Abdul Wadud Bhuiyan, Senior Advocate, instructed by Chowdhury Md. Zahangir, Advocate-on-Record- For Respondent Nos. 1&2 Not represented- Respondent Nos. 3 & 4 Civil Petition for Leave to Appeal No.1663 of 2004 (From the judgment and order dated 18.08.2004 passed by......ame to a correct decision in making the rule absolute. We do not find any reason to interfere. In view of the discussion made above the leave petition stands dismissed. Ed. ......ision No. 1571 of 2003.) Judgment: Amirul Kabir Chowdhury J. - The delay is condoned. 2. This petition for leave has been preferred by the plaintiff petitioner Musammat Sokhina Khatun challenging the judgment and order dated 18.08.2004 pa..Category: Property Law | Date: | Hits: 37
Mohammad Enayet Rabbi Vs. Sree Sree Shoti Rani Kundho and another, 2006, 35 CLC (AD)
....and the said defendant No.2 settled the said 19 decimals of land to his son Ranjit Kumar Biswas and said Ranjit Kumar Biswas sold 19 decimals of land to the plaintiff, that during R.S. record the aforesaid 19 decimals of land was recorded in R.S. plot No.1880 and 1886 comprising .2487 acre and .......eed the suit. 10. In the background of the aforesaid discussions we do not find merit in the appeal. Accordingly the appeal is dismissed with cost of Tk. 5, 000/-. Ed. ......in Other Class Suit No.72 of 1986 dismissing the same. The suit was filed seeking separate saham of 19 decimals of land upon partition of the land in suit described in the schedule attached to the plaint. 2. The case of the plaintiff in short was that the total quantity of the land of plo..Category: Property Law | Date: | Hits: 28
Jobeda Bewa & others Vs. Md. Abdur Razzaque, 2006, 35 CLC (AD)
....uhul Amin J Jobeda Bewa & others ..........Appellants Vs Md. Abdur Razzaque ............Respondent Judgment October 19, 2006 Lawyers Involved: Lutfor Rahman Mondal, Advocate, instructed by Md. Nawab Ali, Advocate-on-Record- For the Appellants ......ision. There is no cogent reason to interfere with the same. The appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: 12 MLR (AD) 2007, 16. ......l by leave is directed against the judgment and order dated 30.10.2001 passed by a Single Bench of the High Court Division in Civil Revision No. 4207 of 1996 making the Rule absolute. 2. The plaintiff filed other class suit No. 381 of 1987 in the Court of Senior Assistant Judge, Additional..Category: Property Law | Date: | Hits: 33
Md. Baker Miah and others Vs. Shamsun Nahar Begum, 2006, 35 CLC (AD)
....ight in the land in suit was not affected, that there is no dispute that plaintiff is the daughter of Taleb Hossain and that defendant's contention that Tableb Hossain's father Awlad Hossain died before her mother Zeon Bibi has not been established and as such plaintiff has right, title and inte...... the pleadings of the plaintiff in that at the first instance it was the case of the plaintiff that plaintiffs predecessor died before her mother leaving sons Taleb Hossain and Monir Hossain but by amendment the plaintiff introduced a new story that Zeon Bibi died leaving son Awlad who died leav...... Additional Court of Assistant Judge, Dhaka in Title Suit No. 26 of 1998 decreeing the same. 2. The suit was filed seeking declaration to the extent of 4 annas share in the land in suit. The plaintiff in his share claimed .0575 arzutangsha out of .09 decimals of land which is the subject m..Category: Property Law | Date: | Hits: 25
Anath Bandhu Guha & Sons Ltd. Vs. Babu Sudhangshu Shekhar Halder, 1990, 19 CLC (AD)
....tamp Act, 1899 (II of 1899), sections 2(11), 18 & 35 The Small Cause Courts Act, 1887 (IX of 1887) Section 15, Article 3, Second Schedule Practice & Procedure It was manifestly wrong for the SCC Judge lo hold that because of the failure of the power of attorney there was no cause of......y suffers from an error of law and it is accordingly set aside. In the result, the appeal is allowed without any order as to costs. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 244. ......nd Schedule Practice & Procedure It was manifestly wrong for the SCC Judge lo hold that because of the failure of the power of attorney there was no cause of action for the suit. As per the plaint it is abundantly clear that it is the plaintiff-Company which has filed the suit through its ..Category: Property Law | Date: | Hits: 118
Syed Ali Mir and another Vs. Syed Omar Ali and another, 1990, 19 CLC (AD)
....561A. The alleged amount said to have fallen due to the complainant having accrued in course of a long business transaction, the whole allegation in the petition of complaint, even if true, cannot form the basis of any criminal proceeding, much less for cheating, for, the alleged liability incurr......il court. For the reasons stated above, the appeal is allowed and the impugned proceeding pending against the appellants quashed. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 240. ......e, 1898 (V of 1898), section 561A. The alleged amount said to have fallen due to the complainant having accrued in course of a long business transaction, the whole allegation in the petition of complaint, even if true, cannot form the basis of any criminal proceeding, much less for cheating, for,..Category: Criminal Law | Date: | Hits: 59
23432341233323312329232823272317230923042303230223002290228922782277227622752273