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Government of Bangladesh Vs. Jahangir Alam and ors., 2005, 34 CLC (AD)
....,25, 29, 30 and 32 (In Civil Petition No.136 of 2005) Not represented—Respondent Nos. 2-13, 15-19, 21-24, 26-28, 31, 33 and 34 (In Civil Petition No. 136 of 2005) Civil Petition for leave to Appeal Nos.135-136 of 2005. (From the judgment and Order dated 29.08.2004 pass...... of starting the work of the project and by letter dated 25.11.2002 informed the office of the Chief Accountant of the Ministry of Agriculture about the Government sanction and that there has been amendment in the project papers on the basis of which the respondents (i.e. present petitioners) wo......ision in Writ petition Nos. 8254 of 2002 and 4344 of 2003 be stayed till disposal of the appeal. The petitioners are directed to make the appeal ready for expeditious hearing. Ed. ..Category: Others | Date: | Hits: 87
Md. Mofazzal Hossain Vs. Md. Muklesur Rahman and others, 2006, 35 CLC (AD)
....udgement June 25, 2006 Lawyers Involved: Nurul Islam Bhuiyan, Advocate-on –Record-For the petitioner Respondents Not represented- Respondents Civil Petition for Leave to Appeal no. 191 of 2005. (From the judgment and order dated 25th July 2004 pass......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)
....A.S.M. Khalequzzaman, Advocate-on-Record-For the Petitioner. Nurul Islam Bhuiyan, Advocate-on-Record-For Respondent No. 1. Not represented-Respondent Nos. 2-18. Civil Petition for leave to appeal No.1248 of 2003. (From the Judgment and order dated 29.06.2003 passed b......2 of 1993 before the learned District Judge, Kishoreganj. The appeal was transferred to the Court of Joint District Judge, Kishoreganj for hearing. During pendency of the appeal an application for amendment of the plaint under order 6 Rule 17 of the Code of Civil Procedure was filed but the lear......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)
....vocate, instructed by Zainul Abedin, Advocate-on Record-For the Petitioners Moshiuzzaman, Advocate, instructed by Md. Nawab Ali, Advocte-on-Record- For the Respondents Civil petition for leave to Appeal No.325 of 2005 (From the judgment and order dated 1st February, 2005 pa...... 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. Idrisur Rahman Vs. Syed Shahidur Rahman and others, 2005, 34 CLC (AD)
.... Ajmalul Hossain QC, Senior Advocate, Instructed by Miv. Md. Wahidullah, Advocate-on-Record —For Respondent No. 1 Not represented—Respondent Nos. 2-5 Civil Petition for Leave to Appeal No. 346 of 2005 (From the judgment and order dated 02.02.2005 passed by......4 passed by the High Court Division in Writ Petition No. 2454 of 2004 be stayed for 6(six) months. The petitioner is directed to make the appeal ready for expeditious hearing. Ed. ...... bail and that the matter being published in the press. Hon'ble Chief Justice of Bangladesh by letter dated 16.10.2003 requested the then President of the Bar to address him in writing the complaint giving the name of the judge and in reply the President of the Bar on 14.10.2003 informed th..Category: Others | Date: | Hits: 97
Nurun Nabi Mullah and others Vs. Abdul Karim, 2005, 34 CLC (AD)
.... thereby affirming the judgment and decree dated April 16, 1998 of the 1st Court of Subordinate Judge (now Joint District Judge), Dhaka in Title Suit No.16 of 1989 decreeing the suit in preliminary form in respect of the land measuring .3471 acre. The suit was filed seeking declaration of ti......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)
....rred to- 50 DLR 411. Lawyers Involved: Ziaul Hasan, 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 ......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
Kazi Md. Abdul Kuddus and another Vs. Kaimon Bewa and Others, 2006, 35 CLC (AD)
.... plaintiff No.9 as the common landlords of the premises in suit, that the plaintiffs asked the defendants to vacate the premises in suit since they are in bonafide requirement of the said premises for their own use and occupation, that the defendants defaulted in the payment of rent to the plain......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
Bangladesh Bank Vs. Sk. Abul Hossain and others, 2007, 36 CLC (AD)
....he 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 p...... correct principle of law as applicable in the present case, arrived at a correct decision and there is no cogent reason to interfere with the same. The petition is dismissed. Ed. ...... correct principle of law as applicable in the present case, arrived at a correct decision and there is no cogent reason to interfere with the same. The petition is dismissed. Ed. ..Category: Business or Commercial Law | Date: | Hits: 99
Chairman, Mongla Port Authority Vs. Kazi Brothers and others, 2007, 36 CLC (AD)
....e 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 alia, that Mongla Port Authority, of which th......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)
....9, 2006. Result: The petitions are dismissed. Application of writ juridiction against the judgment and decree passed by the Artha Rin Adalat Since there is specific remedy in the statute for filing appeal against the judgment and decree of the Artha Rin Adalat, without availing the afor......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. ......sh Agricultural Development Corporation, in short, BADC, and Ministry of Finance, represented by the Secretary, Bangladesh Secretariat, Dhaka claiming a sum of Taka 53,44,55,437. It was stated in the plaint that the defendant No.1 i.e. the petitioner opened letter of credit (LC) for importing TSP fe..Category: Business or Commercial Law | Date: | Hits: 135
Atiqur Rahman and another Vs. State, 1989, 18 CLC (AD)
....Appellant No.1 was District Fishery Officer-in-Charge, Faridpur and appellant No. 2 was the lessee of a fishery named "Kumar River from Chowkighat to Bhajandhi", under a lease-deed dated 24 July 1983 for a period of three years from 1390 B.S. The adjacent fishery is "Kumar River from Bhajandhi to Ni......ppellants is found to be justified based on correct appreciation of evidence and circumstances of the case. The appeal is dismissed. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 176. ......and 2 were told by appellant No.2, Rash Mohan Adhikari, that he had taken lease of both the fisheries by his lease-deed dated 24 July 1983. Thereupon P.W.2, Nakul Chandra Malo, filed a petition of complaint before the Deputy Commissioner, alleging that the lessee (appellant No.2), the Fishery Office..Category: Criminal Law | Date: | Hits: 45
Commissioner of Taxes, Dhaka (West) Zone, Dhaka Vs. Shahabuddin Ahmed, 1989, 18 CLC (AD)
.... President’s Order No. 21 of 1973, in other words, whether salary income of a Judge of the Supreme Court of Bangladesh exempted from income tax under Article 10 of P.O. 21 of 1973 could be included for the purpose of taxation while computing total income of an assessee judge. Held: Section 60 of t......ed and the decisions of the courts below are affirmed though not necessary on the same reasonings. There is no order as to cost. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 162. ......ed and the decisions of the courts below are affirmed though not necessary on the same reasonings. There is no order as to cost. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 162. ..Category: Fiscal/Taxation Law | Date: | Hits: 111
Mahaprabhu Ram Vs. Gopal Ram Ram & others, 1990, 19 CLC (AD)
....lant and the other heirs of Raj Kumar continued to occupy the suit land after Raj Kumar's death in 1939, they could only be treated as trespassers, not as tenants. That is why the landlords sued them for eviction as trespassers. The protection of section 88 is not available to the appellant because ......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
Mosharraf Hossain Chowdhury and other Vs. Md. Jahurul Islam Chowdhury & ors, 2006, 35 CLC (AD)
.... 1970 of the Court of Subordinate Judge (now Joint District Judge) Rangpur in Other Suit No. 45 of 1968 so far the same relates to the land described in schedule 'Kha' and 'Ga' of the plaint. The aforementioned suit was filed seeking declaration of title in respect of the land of schedule 'Ka' o......is directed to handover the property of schedule 'Kha' and 'Ga' to the appellants i.e. the contesting defendants. Ed. This Case is also Reported in: 61 DLR (AD) (2009) 133; ......ated June 23, 1970 of the Court of Subordinate Judge (now Joint District Judge) Rangpur in Other Suit No. 45 of 1968 so far the same relates to the land described in schedule 'Kha' and 'Ga' of the plaint. The aforementioned suit was filed seeking declaration of title in respect of the land of sc..Category: Property Law | Date: | Hits: 67
Abdul Wahed Vs. Arun Kumar Ganguly & others, 1999, 28 CLC (AD)
.... settlement of the land described in schedule-Ka to the plaint in Settlement Case No.242 of 1962-63 and the same was recorded in his name in Khatian No. 646.This settlement was necessary for the purpose of his duty as shebayet of the deity kali installed in a temple upon the adjoining ...... and 22.5.82 are not legal and proper. The learned Single Judge having correctly decided the case the same calls for no interference. Accordingly, the appeal is dismissed with costs. Ed. ......te Judge, Patuakhali in Title Appeal No. 157 of 1985 reversing the judgment and decree dated 31.8.95 passed by the learned Munsif, Bauphal in Title Suit No.439 of 1993. 2. Respondent No.1 as plaintiff brought the said suit on the averments, inter alia, that he took settlement of the land ..Category: Property Law | Date: | Hits: 35
Bangladesh Vs. Mst. Saleha Khatun and others, 2006, 35 CLC (AD)
....bdus Sobhan who died leaving wife plaintiff No. 9, three sons, plaintiff Nos.10-12 and two daughters, plaintiff Nos.13 and 14. It is the case of the plaintiffs that they are in possession of the land for more than 12 years on payment of rent and that during the last survey the land in suit instead o...... Evidence Act is not available to the same. In the background of the discussions made hereinabove we find merit in the appeal. Accordingly the appeal is allowed with costs at all stages. Ed. ......Judge, Jamalpur in other class Suit No.107 of 1984 decreeing the same. 2. The suit was filed seeking declaration of title in respect of the land in suit measuring 1.09 acres. It is the case of the plaintiffs that the land in suit listed in C.S. Khatian No. 24 belonged to Brajendra Kishore Roy Cho..Category: Property Law | Date: | Hits: 42
Md. Aslam Khan Vs. Haji Abdur Rahim and others, 2006, 35 CLC (AD)
....Court by the judgment and decree dated February 23, 1995 decreed the Title Suit No.32 of 1993 which was filed seeking declaration that the kabala described in the schedule attached to the plaint is forged, fraudulent and void. 2. The suit was filed on September 8, 1993 having been served o...... up the lacuna (7 BLT(AD)7). In the background of the discussions made hereinbefore we do not find any merit in the appeal. Accordingly the same is dismissed with costs. Ed. ......ourt Division in Civil Revision No. 526 of 2000) Judgment: Md. Ruhul Amin J. - This is plaintiffs appeal by leave against the judgment dated August 23, 2001 of a Single Bench of the Hig..Category: Property Law | Date: | Hits: 35
BRDB and others Vs. Md. Idris Ali Akond and others, 1998, 27 CLC (AD)
....89) Judgment: A.T.M.Afzal CJ.- In this appeal by leave by the defendants, the question for consideration is whether the learned Judge of the High Court Division at all acted judicially ......fication for making an order of remand as prayed for which will be a ceremony too idle to be permitted. In the result, the appeal is allowed without any order as to cost. Ed. ......nd even without noticing a palpable fact on record causing miscarriage of justice. The impugned judgment is therefore wholly unsustainable. Now I proceed to the facts of the case. 2.The plaintiff respondent brought Title Suit No. 465 of 1984 in the Court of Assistant Judge of the the..Category: Employment/Service Law | Date: | Hits: 73
Nur Hussain and other Vs. Jamuna Bank Ltd and others, 2005, 34 CLC (AD)
....vil Petition No. 20 of 2004). Not represented-.Respondent Nos.3-5 (In Civil Petition No. 163 of 2004). Not represented-Respondent Nos.3-6(In Civil Petition No. 06 of 2004). Civil Petition for leave to Appeal Nos.20, 163 & 06 of 2004 (From the judgment and order dated 18th and 20t......espondent No.1 bank within 21 (twenty one) days from the date of receipt of the notice .failing which the petitioners would be compelled to take shelter of the High Court Division of this Court for amendment of the share register of the respondent No.1 company under section 43 of the companies Act......ll disposal of the appeal in Civil Petition No.20 of 2004. The petitioners are also permitted to add additional ground in Civil Petition No. 20 of 2004. Ed. This Case is also Reported in: ..Category: Banking Law | Date: | Hits: 185
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