Search Options
Judgment Advanced Search
Displaying 2401-2420 of 2867 results.
Sonar Bangla Service Station Vs. Government of the People's Republic of BD, 2006, 35 CLC (AD)
.... (2001) 6 MLR (AD) 1. Lawyers Involved: Md. Fazlul Karim, Senior Advocate, instructed by Md. Nawab Ali, Advocate-on-Record- For the Petitioner Not represented- Respondents Civil Petition for Leave to Appeal No. 1325 of 2004. (From the Judgment and Order dated June 16, 2004 passed by ......doning the delay. 12. In the background of the discussions made hereinabove we find no substance in the petition. Accordingly the petition is dismissed. Ed. This Case is also Reported in: ...... appeal. The appeal was filed against the judgment and decree dated 14.8.1991 of the 1st Court of Assistant Judge, Dhaka in Title Suit No. 133 of 1991. The suit was filed seeking declaration that the plaintiff is entitled to hold the suit property as a original lessee and also entitled to get the pr..Category: Limitation Law | Date: | Hits: 205
Sree Amulya Ratan Chowdhury& ors Vs. Sreemati Shaibalini Ghose & ors., 1998, 27 CLC (AD)
....; A.T.M. Afzal CJ.- Plaintiff -appellants of Civil Appeal No. 48 of 1995 filed other Suit No.168 of 1985 against the defendant-respondents in the First Court Of Subordinate Judge, Chittagong for a declaration of title to recovery of khas possession in some part and also for confirmati....... In view of the discussion made above we find no way but to dismiss these appeals. 17. In the result, therefore, the appeals are dismissed without any order as to cost. Ed. ......een paying rent for the suit promises to Amar Krishna Chowdhury and his co- sharers namely, Benode Behari and others. Plaintiffs' case further is that Sadananda Ghose during his life time inducted plaintiff Nos. 1, 3, 4, and 5 and the predecessor of plaintiff No. 6. Parul Bala including defendan..Category: Property Law | Date: | Hits: 106
Md. Umed Ali and another Vs. Mst. Hamida Khatoon and another, 1999, 28 CLC (AD)
....udge of the High Court Division discharging the Rule in Civil Revision No. 8035 of 1991. 2. The plaintiffs instituted O.C. Suit No.116 of 1985 in the Court of the Subordinate Judge, Jamalpur for a declaration that the decree dated 9.1.84 passed in O. C. Suit No. 271 of 1982 of the sai......lorem Court fee in the trial court for the said relief within 3(three) months from date. 13. The appeal is allowed in the above terms without any order as to costs. Ed. ...... A. T.M. Afzal CJ Latifur Rahman J Mohammad Abdur Rouf J Bimalendu Bikash Roy Choudhury J Md. Umed Ali and another……………...... plaintiff-Appellant Vs Mst. Hamida Khatoon and another ...................Respondent ..Category: Civil Law | Date: | Hits: 103
Selim A Khan Vs. Md. Harun Malik and another, 2006, 35 CLC (AD)
..... Lawyers Involved: M. A. Samad, Senior Advocate, instructed by Md. Aftab Hossain, Advocate-on-Record-For the Petitioner Not represented-Respondent Criminal Petition for Leave to Appeal No. 192 of 2003 (From the Judgment and Order dated 30.04.2003 passed by......t of the High Court Division and we do not find that there is any error of law calling for interference by us. In view of the discussion made above the petition is dismissed. Ed. ...... of the High Court Division in Criminal Miscellaneous Case No. 1761 of 2001 discharging the Rule. 2. The facts, in brief, are that the respondent No.1 as complainant lodged a petition of complaint against the accused petitioner and others alleging, inter alia, that they agreed to take lea..Category: Criminal Law | Date: | Hits: 30
Md. Nurul Amin Vs. State, 2006, 35 CLC (AD)
....Respondents Judgment November 28, 2005. Lawyers Involved: Md. Nawab Ali, Advocate-on-Record-For the Petitioner Not represented-Respondent Criminal Petition for leave to Appeal No. 85 of 2004 (From the Judgment and Order dated 15.02.2004 passed by ......has been mentioned above, we do not find that the High Court Division committed any error in the decision. This petition, therefore, being bereft of substance stands dismissed. Ed. ......ant for an offence under this Act and such sanction shall be sufficient for the prosecution of a public servant for an offence tribal under this Act: Provided that in case where the complaint or report referred to in sub-section (11) of section 4 is not accompanied by such sanction ..Category: Criminal Law | Date: | Hits: 39
Chair, Board of Int. and Secondary Education, Jessore and others Vs. Nazir Ahmed, 2006, 35 CLC (AD)
.............Respondents Judgment March 9, 2005. Service matter: Seniority and Promotion The settled principle of law is that seniority alone is not the sole basis for promotion and that seniority does not create a claim for being promoted although the same crea......the Board on consideration of the materials placed before it allowed the representation of the Respondent No. 4 and thereupon date of birth of Respondent No. 4 was recorded as 28.3.1948, that amendment of the date of birth of the Respondent No. 4 was not done by him in derogation of any of ......lity. In the background of the discussions made hereinabove we find merit in the appeal. Accordingly the appeal is allowed. There is no order as to cost. Ed. ..Category: Employment/Service Law | Date: | Hits: 54
Bangladesh Bank & others Vs. Messers Fabrica Nacional De Monedy Timbre & others, 1998, 27 CLC (AD)
....What happened was when the Civil Court was on vacation with effect from 2nd December, 1994 till 2nd January, 1995, respondent Nos. 1 and 2 needed to file a suit against the appellants with a prayer for ad interim injunction and having found the doors of the Civil Court closed moved the High Court......ive body of lawyers may consider the matter and move the Government if found necessary. For the reasons stated above, the appeal is allowed without any order as to costs. Ed. ......ivision upon perusal of the said application under section 151 of the Code of Civil Procedure, by the impugned order dated 11 December, 1994, allowed the same and permitted respondent Nos. 1 and 2 (plaintiffs) "to present the plaint of the suit on or before 10.01.95 with an application for ..Category: Civil Law | Date: | Hits: 119
Md. Abdul Jalil Vs. Mosammat Shefali Begum and othÂers, 2006, 35 CLC (AD)
....abala dated 17.1.1977. 3. Defendant No.4 Salgaria Muhajir Co-operative Society Ltd. represented by its Secretary Md. Saiful Islam hereinafter referred to as the Society filed a petition before the Additional Deputy Commissioner (Revenue), Pabna on 8.2.1977 alleging that the property mea......wat Hossain husband of plaintiff No.4 Monowara Begum admitted that he was defendant No. 5 in Title Suit No. 288 of 1975, that he was the head Assistant of Relief and Rehabilitation and that in the amendment of plaint of Title Suit No. 288 of 1975, the suit land was included. He also admitted tha......n Other Class Appeal No. 34 of 1984 affirming the judgment and decree dated 29.1.1984 passed by the Munsif, 2nd Court, Pabna in other Class Suit No. 109 of 1982 dismissing the suit. 2. The plaintiff Mosammat Shefail Begum and three others instituted Other Class Suit No. 109 of 1982 seeki..Category: Property Law | Date: | Hits: 39
Sree Sukhendu Nath Saha and others Vs. Hamangini Saha, 2006, 35 CLC (AD)
....led in short, are that the land in suit belonged to Jataindra Nath Shaha who had 4 sons Mohendra Saha, Nalini Ranjan Saha, Santosh Kumar Saha and Phani Bhushan Saha, that Mahendra Nath Saha died before his father leaving wife, Hemangini Saha (defendant No.1) and a daughter by name Sundari Dasi. ......fs in the land in suit. In view of the discussions made herein-above we find merit in the appeal. Accordingly the appeal is allowed without any order as to costs. Ed. ......High Court Division in Civil Revision No. 2419 of 1990) Judgment: Md. Ruhul Amin J.- This is plaintiff's appeal by leave against the judgment dated December 8, 1997 of a Single Bench of the Hi..Category: Property Law | Date: | Hits: 23
Satish Chandra Mondal Vs. Ayjuddin Gazi, 2006, 35 CLC (AD)
....Division in Civil Revision No. 473 of 1981 discharging the Rule. 2. Short facts are that the plaintiff filed Title Suit No. 8 of 1977 in the 3rd Court of Munsif (now Assistant Judge), Khulna for declaration of title stating, inter alia, that the suit land along with other lands origin......rcumstances was well justified to interfere with the same in revisional jurisdiction. For the reasons and discussions above the appeal is allowed without any order as to costs. Ed. ......ected against the judgment and order dated 01.04.1996 passed by a Single Bench of the High Court Division in Civil Revision No. 473 of 1981 discharging the Rule. 2. Short facts are that the plaintiff filed Title Suit No. 8 of 1977 in the 3rd Court of Munsif (now Assistant Judge), Khulna f..Category: Property Law | Date: | Hits: 35
Government of the Peoples Republic of Bangladesh Vs. Sree Subas Chandra Sarker , 2006, 35 CLC (AD)
....cribed in the schedule attached to the plaint. It may be mentioned the appellate Court upon reversing the judgment and decree of the trial Court sent back the suit on remand to the trial Court for disposal afresh upon affording opportunity to the defendants to file written statement as ......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. ......f Assistant Judge, Sadar, Sylhet in Title Suit No. 102 of 1988 dismissing the same. The suit was filed seeking declaration of title in respect of the land described in the schedule attached to the plaint. It may be mentioned the appellate Court upon reversing the judgment and decree of the ..Category: Property Law | Date: | Hits: 43
Government of the People's Republic of Bangladesh Vs. Md. Wazed Ali and others, 2006, 35 CLC (AD)
.... purchase from the heirs of Daraj Ullah and possessing the same, that at one time land in suit diluviated but later on alluviated and that the plaintiffs are in possession of the land in suit for about 40 years, that at the time of R. S. record the land was diluvial but during S.A. survey t......sp; time asserting their right, title and interest, that defendants failed to establish that the land in suit alluviated after coming into operation of part-V of the SAT Act or that after the amendment of section 86 of the SAT Act by the President's Order of 1972 and 1973. 7. L......zir Uddin and by amicable arrangement Daraj Ullah used to possess previous plot No. 31/34, that Daraj Ullah died leaving 2 sons Babar and Mobarak, 4 daughters and a widow, that Mobarak died leaving plaintiff Nos. 1-5 that the plaintiffs Nos. 6-10 are the heirs of Daraj Ullah's another son and da..Category: Property Law | Date: | Hits: 27
Md. Sirajuddin Mondal and other Vs. Mosammat Miration Nessa and othÂers, 2006, 35 CLC (AD)
....e and possession in the land in suit and that defendants dispossessed her. The trial Court also held that the suit as framed is quite maintainable and that not barred by limitation and also not bad for defect of party. 6. The defendant went on appeal. The appellate Court primarily placing......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. ......s Suit No. 28 of 1977 decreeing the same. 2. The suit was filed seeking declaration of title and khas possession upon evicting the defendants from the land in suit. 3.The case of the plaintiff, in short, is that the land in suit, which is homestead, belonged to Jairuddin and in his..Category: Property Law | Date: | Hits: 35
Bangladesh Krishi Bank Vs. A.F.M. Farid Uddin and others, 2006, 35 CLC (AD)
....ly retired from service by the Managing Director of the bank and the order was communicated by the General Manager, Head Office by order dated 04.06.1988. The respondent filed case No. 37 of 1989 before the Administrative Tribunal, Dhaka under section 4(2) of the Administrative Tribunals Act, 19......onclusion that the Managing Director was the competent authority for passing the order of compulsory retirement of the respondent No.1. 13. We have already noticed that although by subsequent amendment the post of Chairman was created but since no job / duty was assigned to the Chairman, th......he impugned order of compulsory retirement of the Respondent No.1 and as such the same requires interference by us. The appeal is accordingly allowed without any order as to costs. Ed. ..Category: Administrative Law | Date: | Hits: 90
Sree Promad Chandra Barman & others Vs. Most. Khodeza Khatun Bewa and others, 2006, 35 CLC (AD)
.... No. 3999 of 1991 making the Rule absolute. 2. Short facts are that the plaintiffs filed Other Class Suit No. 56 of 1974 in the Court of Subordinate Judge (now joint District Judge), Rangpur for declaration of title stating, inter alia, that the suit land belonged to Basanta Kumar, Haladha......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. ......d against the judgment and order dated 26.01.1995 passed by a Single Bench of the High Court Division in Civil Revision No. 3999 of 1991 making the Rule absolute. 2. Short facts are that the plaintiffs filed Other Class Suit No. 56 of 1974 in the Court of Subordinate Judge (now joint Distr..Category: Property Law | Date: | Hits: 37
Ali Asgar Khan Vs. Md. Anwarul Islam, 2006, 35 CLC (AD)
....e employees of the Supreme Court of Bangladesh (High Court Division) were dismissed from the services by order dated 25.07.1996 on charge of gross misconduct. During the pendency of their appeals before the Hon'ble Chief Justice they instituted Title Suit No. 167 of 1996 in the 1st Court of Subor...... suit from the trial court and transferring the same to its own file for trial and disposal and this requires interference by us. The appeal is allowed without any order as to cost. Ed. ...... by a Division Bench of the High Court Division in First Miscellaneous Appeal No. 109 of 1996 with Civil Rule No. 215(F.M.) of 1996 allowing the appeal with cost. 2. Short facts are that the plaintiff-respondents who were employees of the Supreme Court of Bangladesh (High Court Division) ..Category: Employment/Service Law | Date: | Hits: 76
Md. Abdul Mannan Akanda Vs. Md. Lutfar Rahman and others, 2006, 35 CLC (AD)
....iew Petition No. 21 of 2003. Judgment: Amirul Kabir Chowdhury J. - This is a petition for review of the judgment and order dated 14.5.2002 dismissing the Civil petition for Leave to App......t been filed fulfilling the requirement of Rule 4 of order XXVI (Part-IV) of the Supreme Court of Bangladesh (Appellate Division) Rules, 1988. The civil review petition is dismissed. Ed. ......y originally belonged to Ganjela Roy who sold the property to One Rahimuddin Sarker and the aforesaid Rahimuddin Sarker by registered haba-bil ewaj dated 25.11.1980 transferred the property to the plaintiff-respondent and that the defendant-petitioner contested the suit asserting, inter alia, th..Category: Property Law | Date: | Hits: 34
Moksed Ali Mondal Vs. Abdus Samad Mondal and others, 2006, 35 CLC (AD)
.... of Kushtia belonged to Shibnath Ghose predecessor of defendant No.1 and 2, Nemai Chandra Ghose, predecessor of defendant No.3 and Bishnupada Ghose, defendant No. 4. The plaintiff by exchange with aforesaid persons got the said property by way of exchange of his 'Ka' schedule property in India in......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. ......le property in the district of Kushtia belonged to Shibnath Ghose predecessor of defendant No.1 and 2, Nemai Chandra Ghose, predecessor of defendant No.3 and Bishnupada Ghose, defendant No. 4. The plaintiff by exchange with aforesaid persons got the said property by way of exchange of his 'Ka' s..Category: Property Law | Date: | Hits: 32
Rasheda Begum Vs. M.M. Nurussafa and others, 2006, 35 CLC (AD)
....idence of the parties. 2. Facts, in short, are that the appellant as plaintiff filed Other 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 decre......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. ......ll frame one of the issues as to whether the suit is barred by res-judicata and will decide the issues after recording evidence of the parties. 2. Facts, in short, are that the appellant as plaintiff filed Other Class Suit No. 37 of 1987 seeking separate saham upon partition of 4.521/2 ac..Category: Civil Law | Date: | Hits: 122
Saleh Ahmed, Estate Officer Bangladesh Railway Vs. A.P.M. Basher, Advocate & ors, 2006, 35 CLC (AD)
....ing the judgment and decree dated February 28, 1989 of the 4th Court of Assistant Judge, Dhaka, passed in Title Suit No. 563 of 1987 dismissing the same. 2. The suit was filed seeking decree for permanent injunction. Plaintiff's case in short is that the land in suit and some other land b......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. ...... are only paper transactions and as such he has been constrained to file the suit. 3. The defendants contested the suit by filing written statement denying the material averments made in the plaint. Their case, amongst others, is that the land in suit along with other land was requisition..Category: Property Law | Date: | Hits: 32
20842083208220792076207220712064206220482047204520442040203920382037203420332032