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Government of the Peoples Republic of Bangladesh Vs. Sree Subas Chandra Sarker , 2006, 35 CLC (AD)

....s is defen­dants appeal by leave against the judgment dated July 25, 2000 of a single Bench of the High Court Division in Civil Revision No. 9824 of 1991 making the Rule absolute and thereupon decreeing the suit. The Rule was obtained against the judgment and decree dated May 16,1989 of the ......llate Court. In the background of the discussions made herein before we find merit in the appeal. Accordingly the appeal is allowed. There is no order of costs. Ed. ..

Category: Property Law | Date: | Hits: 43

Government of the People's Republic of Bangladesh Vs. Md. Wazed Ali and others, 2006, 35 CLC (AD)

....tation since the revisional application was out of time by 238 days and the said delay was not satisfactori­ly explained. 2. The revisional application was filed against the judgment and decree dated July 16,1995 of the 2nd Court of Subordinate Judge (now Joint District Judge) pirojpur......er allu­vion. In the light of the discussions made hereinabove we find no merit in the appeal. Accordingly the appeal is dismissed. There is no order as to costs. Ed. ..

Category: Property Law | Date: | Hits: 27

Md. Sirajuddin Mondal and other Vs. Mosammat Miration Nessa and oth­ers, 2006, 35 CLC (AD)

....udgment dated March 29, 1998 by the High Court Division in Civil Revision No.2248 of 1991 (Dhaka)Civil Revision No. 271 of 1984 (Rangpur) making absolute the Rule obtained against the judgment and decree dated July, 19, 1984 of the Court of Subordinate Judge (now Joint District Judge), Nawabganj......n established by the plaintiff that Jairuddin did not surren­der his tenancy, we find no merit in the appeal. Accordingly the appeal is dismissed with cost of Tk. 2, 000/- Ed. ..

Category: Property Law | Date: | Hits: 35

Government of Bangladesh Vs. Israt Jahan Kazal, 2006, 35 CLC (AD)

.... Judgment:                   M. M.Ruhul Amin J. - This appeal by leave is directed against the judgment and decree dated 08.02.1995 passed by a Single Bench of the High Court Division in Civil Revision No. 1......ur above discussions, we are of the view that the judgment of the High Court Division requires interference by us. The appeal is accordingly allowed without any order as to costs. Ed. ..

Category: Property Law | Date: | Hits: 34

Sree Promad Chandra Barman & others Vs. Most. Khodeza Khatun Bewa and others, 2006, 35 CLC (AD)

....e plaintiffs was again corrected in favour of defendants after filing objection under section 19(1) of the State Acquisition and Tenancy Act. So the suit is liable to be dismissed. The trial court decreed the suit. The appellate court reversed the judgment and decree of the trial court. The High......y, the High Court Division committed error of law in making the Rule absolute, which requires interference by this court. The appeal is allowed without any order as to costs. Ed. ..

Category: Property Law | Date: | Hits: 37

Government of Bangladesh Vs. A. S. M. Firoj Uddin Bhuiyan, 2006, 35 CLC (AD)

....This of the appeal by leave at the instance defendant-appellants is directed against the judgment and order dated 26.7.2000 passed the High Court Division discharging the rule against judgment and decree passed by the Additional District Judge, Second Court, Dhaka in Title Appeal No. 136 of 1997...... 16. In view of the above we do not find any substance in the submission of the learned Counsel for the appellants. The appeal is dismissed without any order as to costs. Ed. ..

Category: Property Law | Date: | Hits: 41

Moksed Ali Mondal Vs. Abdus Samad Mondal and others, 2006, 35 CLC (AD)

....hange of his 'Ka' schedule property in India in 1949 AD. Shibnath Ghose and others filed a suit in the Court of Munsif at Krishnagar, India on the basis of the said agreement for exchange and got a decree. The present plaintiff preferred an appeal but the plaintiff lost the appeal. The further ca......gment and decree passed by the Court of appeal decreeing the plaintiff's suit and this requires interference by us. Accordingly the appeal is allowed without any order as to costs. Ed. ..

Category: Property Law | Date: | Hits: 32

Rasheda Begum Vs. M.M. Nurussafa and others, 2006, 35 CLC (AD)

....her Class Suit No. 37 of 1987 seeking separate saham upon partition of 4.521/2 acres of land. The claim for partition and saham was made as one of the legal heirs of late Osiur Rahman. The suit was decreed on 15.5.1989. Two (2) Miscellaneous Cases, Miscellaneous Case No. 41 of 1989 and Miscellane......e Other Class Suit No. 41 of 2000 and shall also not be a subject matter for adjudication in the Other Class Suit No. 41 of 2000. 15. In the result the appeal is allowed with costs. Ed. ..

Category: Civil Law | Date: | Hits: 122

Saleh Ahmed, Estate Officer Bangladesh Railway Vs. A.P.M. Basher, Advocate & ors, 2006, 35 CLC (AD)

....n filed against the judgment and order dated February 27, 1997 of a Single bench of the High Court Division in Civil Revision No. 2348 of 1991 discharging the Rule obtained against the judgment and decree dated June 29, 1991 of the 2nd Court of Subordinate Judge (now Joint District Judge), Dhaka,......wed. The suit is sent back to the trial Court for disposal in the light of the direction made hereinabove. The record of the trial Court be sent down. There is no order as to costs. Ed. ..

Category: Property Law | Date: | Hits: 32

A.N.M. Gaziul Azim Vs. M.A. Kader and others, 2006, 35 CLC (AD)

.... status quo. 2. The facts, in brief, are that the petitioner and others instituted Other Suit No. 101 of 1985 for ejectment of the predecessor of the respondent Nos. 1 and 2 and the suit was decreed ex-parte on 01.10.1989 and the plaintiff respondents put the decree into execution and got ......ny error and as such no interference is called for. 7. In this view of the matter we do not find any substance in this petition and accordingly the leave petition is dismissed. Ed. ..

Category: Property Law | Date: | Hits: 34

Md. Abu Hanif Mia and others Vs. Kad Banu and others, 2006, 35 CLC (AD)

.... Judgment:                  M. M. Ruhul Amin J. - This appeal by leave is directed against the judgment and decree dated 26.01.1994 passed by a Single Bench of the High Court Division in 2nd Appeal No. 1204 ...... judgment and decree dated 26.01.1994  passed by the High Court Division in 2nd Appeal No. 1204 of 1965 is hereby set aside and those of the court of appeal below are restored. Ed. ..

Category: Property Law | Date: | Hits: 34

Sonali Bank Vs. Md. Sirajul Hoque Chowdhury and others, 2006, 35 CLC (AD)

.... 3 and 4 having admitted, undertaken and declared their liability to the Bank the High Court Division was wrong in upholding the finding of the trial Court to the effect that plaintiff will get no decree against them as they were not borrowers and that their presence will serve no purpose, inasm......has quite legally filed the suit impleading the defendant Nos. 3 and 4 as the defendants along with others. Accordingly the appeal is dismissed. There is no order as to costs. Ed. ..

Category: Banking Law | Date: | Hits: 129

Government of Bangladesh Vs. Hasrat Mohani and others, 2006, 35 CLC (AD)

....ff's predecessors in interest created some antedated and fabricated papers in order to grab the property and plaintiff's or their predecessor had no possession in the suit land. 5. The trial court decreed the suit finding right, title and possession of the plaintiff's in the suit land. Against th......gh Court Division are set aside. The judgment and decree passed by (he Additional District Judge, Rangpur is restored. Consequently the suit stands dismissed. Ed. This Case is also Reported in: ..

Category: Limitation Law | Date: | Hits: 156

Robert Pinaru Vs. Moulana Habibur Rahman and others, 2006, 35 CLC (AD)

....e, against the judgment and order dated August 24, 1999 of a Single Bench of the High Court Division in Civil Revision No. 1358 of 1995 making the Rule absolute upon setting aside the judgment and decree dated February 26, 1995 of the 2nd Court of Additional District Judge. Chuadanga, in Title ......he appellate Court affirming the judgment and decree of the trial Court is restored. There is no order as to costs. Ed. This Case is also Reported in: I ADC (2004) 421. ..

Category: Property Law | Date: | Hits: 48

Md. Faruque Reza and another Vs. Most.Hossena Ara Begum and others, 2008, 37 CLC (AD)

....al of this petition, in short, are that one Mossammat Ambia Khaton as the plaintiff instituted Title Suit No.202 of 1965 in the Second Court of Munsif, Dhaka against 237 persons. The said suit was decreed in preliminary form on 22.8.1967 and the decree was made final on 7.4.1976. The learned Mun......is hereby approved. 9. In view of the above, there is no substance in the submission of the learned Advocate-on- Record for the petitioners. The petition is dismissed. Ed. ..

Category: Property Law | Date: | Hits: 34

Guru Charan Mondal and others Vs. Sree Bhaba Sindhu Sarkar and others, 2008, 37 CLC (AD)

....ioners seek leave to appeal against the judgment and order passed by a Single Judge of the High Court Division in Civil Revision No.1602 of 1994 discharging the Rule and affirming the judgment and decree of the appellate court. 3.  Plaintiff-respondents filed Title Suit No. 106 of 19......not prevail over the title of the plaintiffs, we do not find any reason to interfere with the judgment of the High Court Division. Accordingly, the leave petition is dismissed. Ed. ..

Category: Procedural Law | Date: | Hits: 113

Ramesh Chandra Barman and others Vs. Sree Sree Iswar Kalachan Jieu Thakur & Another, 2008, 37 CLC (AD)

....tta, compromised the above suit by filing solehnama dated 17.7.1965; then Sreemanta Kumar Dutta, the attorney of Kali Kishore Dutta, filed Title Appeal No. 305 of 1965 challenging the above solehnama decree dated 17.07.1965 but on 01.04.93 the same was dismissed and as against that Sreemanta Kumar D......o the decision of the High Court Division does not call for any interference. The petitions are dismissed. Ed. This Case is also Reported in: 60 DLR (AD) (2008) 24, 19 BLT (AD) (2011) 07. ..

Category: Civil Law | Date: | Hits: 111

Channel Cinema Ltd. Vs. Chowdhury Golam Malek, 1989, 18 CLC (AD)

....pondent Judgment December 6, 1989. Result: The appeal is dismissed. The Premises Rent Control Ordinance, 1963 (XX of 1963), section 18(1)(e) Words & Phrases. The trial court decreed the suit on the ground of bona fide requirements however the appellate court upheld the decr......of the company i.e. for the efficient management of the canteen by another person or by itself. The appeal is dismissed. No costs. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 119. ..

Category: Property Law | Date: | Hits: 64

Sonali Bank Vs. Mahbubul Amin and another, 1989, 18 CLC (AD)

....ction 34 (1), (2) Upon reference to the judgement of the trial court it is found that the plaintiff’s prayer for interest from the date of the suit was allowed. There is nothing to show that the decree holder withdrew the money deposited in court as full satisfaction under the decree. This indi......sion upon correct view of the law and fact discharged the rule. The appeal is, accordingly, dis­missed without any order as to cost. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 107. ..

Category: Civil Law | Date: | Hits: 113

Government of Bangladesh Vs. Basharatullah, 1989, 18 CLC (AD)

....ppeal is allowed. The Emergency Requisition of Property Act (XIII of 1948) Sections 3, 4, 5, 5A, 5(1a)(3), 7 & 14(A) There was neither any evidence that public notice was not served nor the decree in T.S. 36/68 could be construed to mean as such requiring fresh public notice to be served. ......the purpose of compensation in the case of this plaintiff-respondent only, should be the date of the personal notice, that is, 12.4.73. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 91. ..

Category: Property Law | Date: | Hits: 38