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Md. Ohidul Islam and others Vs. Government of Bangladesh, 2006, 35 CLC (AD)
....mpugned judgment and order of the High Court Division. Accordingly, this petition merits no consideration and it is dismissed. Ed. This Case is also Reported in: 4 LG (2007) AD 1. ......applicants filed an application before the High Court Division for their being added as respondents in the aforesaid writ petition and the High Court Division, upon hearing the parties, allowed the prayer for addition of party by the impugned judgment and order dated 30-06-2003. Hence, this leave..Category: Property Law | Date: | Hits: 24
Towfiqul Islam & ors Vs. S.M. Mohiuddin, Officer-in-charge, Motijheel, Dhaka & ors 2007, 36 CLC (AD)
....in law. There is therefore no cogent reason for considering the prayer for review. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: V ADC (2008) 434. ...... consideration of the submissions of the learned counsel it appears petitioners seek rehearing of the matter which is not permissible in law. There is therefore no cogent reason for considering the prayer for review. Accordingly, the petition is dismissed. Ed. This Case is also..Category: Criminal Law | Date: | Hits: 32
Government of Bangladesh Vs. Md. Abdus Salam, 2006, 35 CLC (AD)
....we find no cogent reason to interfere with the judgment passed by the High Court Division. The petition is dismissed. Ed. This Case is also Reported in: V ADC (2008) 424. ......ry injunction restraining the defendants from creating disturbance with their peaceful possession in the suit land or evicting the plaintiffs therefrom. The defendant-petitioners opposed the above prayer for temporary injunction by filing a written objection denying plaintiffs possession in the ..Category: Property Law | Date: | Hits: 28
Anti-Corruption Commissioner Vs. Fazlur Rahman and others, 2008, 37 CLC (AD)
.... so advised, may take step disposal of the Rule expeditiously. The Petition for leave to Appeal is accordingly, disposed of. Ed. This Case is also Reported in: V ADC (2008) 411. ......11/2007 (Annexure A to A4 to the writ petition respectively). 2. Against the aforesaid order of the High Court Division, the petitioner has filed Civil Petition for leave to appeal with the prayer for staying the order of the High Court Division dated November 18, 2007. 3. We have ..Category: Others | Date: | Hits: 75
Khairunnessa Vs. Syed Mainul Haq and others, 2005, 34 CLC (AD)
....d of the discussion made hereinabove we find no substance in the petition. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: 12 BLC (AD) (2007) 82. ......at defendant's purchase from Serajuddin is quite legal. 3. At one stage of the suit a certain Khairunnessa filed an application under Order 1, rule 10 of the Code of Civil Procedure with the prayer for being added as defendant in the suit contending that she has right, title and interest i..Category: Property Law | Date: | Hits: 33
KM Zahirul Haque Vs. Shahida Khanam and others, 2006, 35 CLC (AD)
....ons made hereinabove we find merit in the appeal. Accordingly, the appeal is allowed without any order as to costs. Ed. This Case is also Reported in: 12 BLC (AD) (2007) 65. ......s under section 39, since it is covered by the expression "any person against whom a written instrument is void or voidable .... may sue to have it adjudged void or voidable. But if a further prayer is included in the suit that by the void instrument the plaintiff's right has not been affec..Category: Property Law | Date: | Hits: 31
Manirunnessa Khanam and another Vs. Syed Madassir Ali and another, 2006, 35 CLC (AD)
....ived at the correct decision and there is no cogent reason to interfere with the same. The petition is dismissed. Ed. This Case is also Reported in: 12 BLC (AD)(2007) 25. ......ed 11-5-2003. The above Civil Revision No. 14 of 1992 was filed against the judgment dated 26-10-1991 passed by the learned District Judge, Sylhet in Miscellaneous Case No.72 of 1982 rejecting the prayer of the petitioner for local investigation and also against the judgment dated 6-11-1991 by w..Category: Trust/Waqf Law | Date: | Hits: 199
Abu Asad Bhuiyan and others Vs. Abu Taher Bhuiyan and others, 2006, 35 CLC (AD)
.... the discussions made hereinabove we find merit in the appeal. Accordingly, the appeal is allowed with costs. Ed. This Case is also Reported in: 12 BLC (AD)(2007) 9, 17 MLR (AD) (2012) 61. ......ve asked for consequential relief that was not done". This Court further observed", In view of the clear proviso to section 42 of the Specific Relief Act there is no hesitation in saying that without prayer for consequential relief such suit should not be maintained. The High Court Division and the ..Category: Property Law | Date: | Hits: 33
Mohammad Hossain Mollah and other Vs. Md. Ishaque Mollah and another, 2006, 35 CLC (AD)
.... the High Court Division of the kind calling for interference by this Division. Accordingly the petition is dismissed. Ed. This Case is also Reported in: V ADC (2008) 318. ......tting aside the judgment and decree dated May 24, 2001 of the Court of Assistant Judge, Faridganj, Chandpur. The learned Assistant Judge by the aforesaid judgment decreed the suit i.e. allowed the prayer for pre-emption sought under the Muslim law. The appellate Court upon allowing the appeal se..Category: Property Law | Date: | Hits: 25
Digandra Chandra Pandith Vs. Abdur Razzaque and another, 2006, 35 CLC (AD)
....ute. 8. In that state of the matter we find no substance in the petition. Accordingly the petition is dismissed. Ed. This Case is also Reported in: V ADC (2008) 307 ......995. It is also the case of the pre-emptor that he is a co-sharer of the holding land of which has been transferred by the opposite party No. 2 and that the pre-emptee is a stranger. 3. The prayer for pre-emption was opposed by the opposite party No. 1 i.e. the pre-emptee contending that..Category: Property Law | Date: | Hits: 20
Government of Bangladesh Vs. Abdul Aziz and others, 2006, 35 CLC (AD)
.... establish a Seed Multiplication Farm in the year 1953-54 the people of the aforesaid villages raised objection to the same and then the competent authority of B.A.D.C ensured them to provide alternative road and on that condition the government acquired the 1st scheduled pathway along...... and there is no cogent reason to interfere with the judgment sought to be appealed against. The petition is dismissed. Ed. This Case is also Reported in: V ADC (2008) 301. ..Category: Property Law | Date: | Hits: 19
Mosharraf Hossain and others Vs. Md. Shahid Ali, 2006, 35 CLC (AD)
....ound of the discussions made herein above we find no substance in the petition. Accordingly the petition is dismissed. Ed. This Case is also Reported in: V ADC (2008) 296. ......t and order dated January 15, 1984 of the Court of Munsif (now Assistant Judge), Nawabganj in Miscellaneous Case No. 84 of 1980 was set aside. The trial Court by the aforesaid judgment allowed the prayer for pre-emption sought under section 96 of the State Acquisition and Tenancy Act, 1950...Category: Property Law | Date: | Hits: 23
Md. Shahidur Islam and others Vs. Md. Habibur Rahman and others, 2007, 36 CLC (AD)
.... the submissions of the learned Advocate for the petitioner. Accordingly, the petition for leave to appeal is dismissed. Ed. This Case is also Reported in: V ADC (2008) 289. ......of the impugned deed upon the defendant and the same is liable to be set aside. That it transpires from the plaint that the suit is for "dalil rad o khash dakhaler mokoddoma” and in the prayer portion (ka)……………………..Bangla&..Category: Property Law | Date: | Hits: 24
Matiar Rahman Vs. Assist Custodian of Enemy Property Lands & Buildings, Bakerganj, 2007, 36 CLC (AD)
....ade hereinabove we find merit in the appeal. 26. Accordingly, the appeal is allowed without any order as to costs. Ed. The Case is also Reported in: IV ADC (2007) 991. ......review as in Order 47 Rule 1 of the Code of Civil Procedure. In that view of the matter in our view the High Court Division was in error in maintaining the order of the appellate Court allowing the prayer for review for re-hearing of the appeal. The law relating to review and the time tested..Category: Property Law | Date: | Hits: 34
Dr. Hafizur Rahman and another Vs. State, 2007, 36 CLC (AD)
....ince the informant opposite-party No.2 had no opportunity to prove her case by adducing evidence and as such we are of the opinion that there is no substance in this petition and find no other alternative but to dismiss the same. In the result, the petition is dismissed. Ed. ......of the informant opposite-party No.2 is still to be tried after examination of the witnesses and in view of the facts and circumstances of the case, we are of the opinion that entertainment of the prayer seeking quashing of the proceeding at the stage will be stifling the proceeding since t..Category: Criminal Law | Date: | Hits: 42
Wali Miah Sodagor Jame Masjid and Madrasha Vs. Abdul Hoque and others, 2007, 36 CLC (AD)
....ach the High Court Division for early disposal of the Rule, if they so desire. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: V ADC (2008) 234. ......aying the order allowing amendment; that the proposed amendment of the plaint shall not cause any change in the cause of action or schedule of the property, or period of limitation or the prayer in the plaint and the High Court Division erred in issuing rule and staying the order allow..Category: Property Law | Date: | Hits: 35
Hazera Begum Vs. Artha Rin Adalat and others, 2007, 36 CLC (AD)
....igh Court Division is therefore erratic and perverse. The appeal is therefore allowed but without any order as to costs. Ed. This Case is also Reported in: V ADC (2008) 220. ......loan. The suit was decreed ex-parte on August 16, 1990. The respondent No.2 put the decree into execution by filing Money Execution Case No.2 of 1991 and at one stage filed an application with the prayer for making an order for civil imprisonment of the defendant judgment-debtors including the a..Category: Civil Law | Date: | Hits: 111
Bangladesh Vs. Kopil Das, 2007, 36 CLC (AD)
....ground of the discussion made hereinabove we find no substance in the petition. Accordingly the petition is dismissed. Ed. This Case is also Reported in: V ADC (2008) 214. ......anob kollan kutub mahal” library on September 1, 2002. The writ-petitioner claiming to be the successor-in-interest of Kiron Behari Das filed an application to the Ministry of Land with .the prayer for de-requisition of the house in question. The Ministry of Land sent the said petition to ..Category: Property Law | Date: | Hits: 28
Serajul Hoque Majumder Vs. Bachchu Mia Mojumder and others, 2006, 35 CLC (AD)
....of the discussions made hereinbefore we find no substance in the petition. Accordingly the petition if, dismissed. Ed. The Case is also Reported in: IV ADC (2007) 967. ......osession of the land in suit. 5. It may be mentioned the Miscellaneous Case No. 6 of 1984 was filed on Februay 26, 1984 to pre-empt the transfer that took place on February 20, 1982 and the prayer for pre-emption was allowed on June 29, 1987. 6. The suit was filed stating that the ..Category: Property Law | Date: | Hits: 23
Golam Sarwar and others Vs. Mst. Anwara Begum and others, 2006, 35 CLC (AD)
....of the kind in the judgment of the High Court Division calling for interference. Accordingly the petition is dismissed. Ed. This Case is also Reported in: IV ADC (2007) 961. ......us Appeal No. 7 of 2004 affirming the order dated January 1, 2004 of the 2nd Court of Joint District Judge, Sylhet in Title Suit No. 237 of 2003. The trial Court by the aforesaid order allowed the prayer for temporary injunction made by the plaintiffs and by the self same order rejected the pray..Category: Property Law | Date: | Hits: 29
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