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Elahi Mondal Vs. Juran Mondal and others, 2009, 38 CLC (AD)
....ears; that already a Miscellaneous Case has been filed to set aside the decree obtained by the petitioner against Rahela and this circumstances the instant suit filed by the plaintiff is liable to be dismissed. 5. The learned Senior Assistant Judge, Jhenaidah by the judgment and decree dated ..Category: Property Law | Date: | Hits: 20
Md. Nurul Abedin Vs. Bangladesh, 2010, 39 CLC (AD)
.... sale. 11. However if the entire outstanding dues has been paid in the meantime by the petitioner then auction sale proceeding may be dropped. Accordingly both the leave petitions are dismissed with above observation. Ed. This Case is also Reported in: VII ADC (2010) 301. ..Category: Property Law | Date: | Hits: 29
S. Co. Power Plant Ltd. Vs. Government of Bangladesh and others , 2009, 38 CLC (AD)
....e bank there was no necessity of obtaining any prior order of sale from the Adalat before making the sale. We therefore find no reason to interfere with the same. The petition is accordingly dismissed. Ed This Case is also Reported in: VII ADC (2010) 295...Category: Banking Law | Date: | Hits: 84
Anwar Munshi and others Vs. Kulsum Begum and others, 2009, 38 CLC (AD)
.... of 1988 was a valid decree and the suit was hit by Section 42 of the Specific Relief Act since the plaintiff have no interest in the suit land. The trial court by judgment and decree dated 25.1.2001 dismissed the plaintiffs' suit. 6. The plaintiffs as appellants then filed Other Appeal No.30..Category: Property Law | Date: | Hits: 35
Jalaluddin Ahmed and others Vs. Md. Selim Hossain and others, 2010, 39 CLC (AD)
....itle and interest and possession in the said property and creating some fictitious papers obtained the loan from the bank. 6. Upon consideration of the materials on record, the Executing Court dismissed the Miscellaneous Case No. 23 of 2005 by order dated 23rd January, 2006. Against the said ..Category: Property Law | Date: | Hits: 28
Sher Mohammad Vs. Md. Munsur Ali and others, 2009, 38 CLC (AD)
....dant Nos.1-6 by executing two Heba-Bil-Ewaz deeds; that the alleged deed dated 12.1.1961 in favour of the mother of the plaintiffs is false, forged and fabricated and as such the suit is liable to be dismissed. 4. The trial Court upon taking evidence and on hearing the parties decreed the suit b..Category: Property Law | Date: | Hits: 51
Abdul Hamid Matubbar and others Vs. Majibar Matubbar and others, 2009, 38 CLC (AD)
....pur. The learned Subordinate Judge, (now Joint District Judge,) Shariatpur who heard the said appeal allowed the appeal and set aside the Judgment and decree passed by the learned Munsuif and thereby dismissed the suit. 7. Against the aforesaid judgment and decree the plaintiff moved the High..Category: Property Law | Date: | Hits: 26
Abdul Gafur Vs. Md. Nuru Miah, 2009, 38 CLC (AD)
....usly are directed against the judgment and order dated 29.07.2008 passed by the Appellate Division in Civil Petition for Leave to Appeal Nos. 602 of 2007 and 604 of 2007 by which leave petitions were dismissed by a single judgment. 2. The facts relevant for disposal of the review petitions are th..Category: Property Law | Date: | Hits: 27
Most. Monowara Begum and others Vs. Malanch Bibi and others, 2009, 38 CLC (AD)
....he was not in possession of the suit property. The lower appellate Court affirmed the finding of the trial Court. The plaintiff took a Second Appeal being Second Appeal No.1114 of 1967 which was also dismissed. Thereafter the plaintiff-appellant preferred Civil Appeal No. 26 of 1975 before this Cour..Category: Property Law | Date: | Hits: 20
State Vs. Shahin and others, 2009, 38 CLC (AD)
....roper consideration of the materials on record arrived at a correct decision and there is no illegality or infirmity in the above decision so as to call for any interference. The petition is dismissed. Ed. This Case is also Reported in: 15 BLC (AD) (2010) 140. ..Category: Others | Date: | Hits: 93
Mohiuddin Khan and another Vs. Shihamul Haque and others, 2009, 38 CLC (AD)
....ted 12-1-1982 and restored the mutation in the name of appellants and others. Then Shihamul Haque preferred Appeal No.96 of 1984 before the Board of Land Administration and after hearing the same was dismissed. Shihamul Haque then filed Writ Petition No.159 of 1989 and the High Court Division, after..Category: Property Law | Date: | Hits: 29
Habibur Rahman Mollah (Ex-Member of Parliament, Dhaka 4) Vs. State and another, 2010, 39 CLC (AD)
....mises, are perfectly justified in refusing to exercise their inherent power in the facts and circumstances of the case. The submissions of the learned Counsel merit no consideration. The appeal is dismissed. Ed. This Case is also Reported in: 62 DLR (AD) (2010) 233; 15 MLR (AD) (2010) 175. ..Category: Anti-Corruption Laws | Date: | Hits: 195
State Vs. Azizul Haque, 2008, 37 CLC (AD)
....he High Court Division is on correct principle of law and there has been no failure of justice in acquitting Azizul Haque and others. We find no substance in this petition which is accordingly dismissed. Ed. This Case is also Reported in: VII ADC (2010) 267. ..Category: Others | Date: | Hits: 63
Anowarul Huq Sabbir alias A.F.M. Anowarul Huq Sabhbir and another Vs. State, 2009, 38 CLC (AD)
....lication for discharging and framed charges. We find no illegality in the judgment and order of the High Court Division calling for interference by this Court and accordingly the petition is dismissed. Ed. This Case is also Reported in: VII ADC (2010) 252. ..Category: Others | Date: | Hits: 82
Category: Property Law | Date: | Hits: 29
Md. Sona Ullah Vs. Most. Morium Bewa and others, 2010, 39 CLC (AD)
....se No.3 of 1987 under Order 9 Rule 13 of the Code of Civil Procedure for setting aside the ex parte decree. On being are unsuccessful, they preferred Miscellaneous Appeal No.86 of 1987 which was also dismissed for default on 15th May, 1990. During the pendency of the said cases, the plaintiffs procu..Category: Property Law | Date: | Hits: 18
Mohammad Mujibul Hoque Vs. Shamsul Alam and others, 2010, 39 CLC (AD)
....e on record in arriving at such finding. In view of the above, find no merit in the contention of the learned counsel for the petitioner. There is no merit in this petition. The application is dismissed accordingly. Ed. This Case is also Reported in: VII (ADC) (2010) 233. ..Category: Property Law | Date: | Hits: 21
Md. Khorshed Alam and another Vs. Mohammad Ali and others, 2009, 38 CLC (AD)
....erim order of injunction was passed but the fact of the delivery of possession of the suit shop was not brought to the notice of the Court below till 30.10.2006." Accordingly the appeals were rightly dismissed by the High Court Division by upholding the order of temporary injunction and directing ..Category: Property Law | Date: | Hits: 20
Narendra Chandra Das and another Vs. Sree Sree Gopal Bigraha and another, 2009, 38 CLC (AD)
.... 143A of the State Acquisition and Tenancy Act for correction of the S.A. Khatian in the Court of the Munsif, 3rd Court, Dhaka (now Assistant Judge) against Khepa Chand Bairagi which was subsequently dismissed for non-prosecution; that after the death of Khepa Chand Bairagi his two sons did not cr..Category: Property Law | Date: | Hits: 29
S. M. Hossain and others Vs. Lahazuddin and others, 2009, 38 CLC (AD)
....ndant opposite party No. 1 (Probhabati Chatterjee) started Miscellaneous Case No. 69 of 1956 under Order 21 rule 90 in the 1st, Court of Munsif, Sadar Chittagong for setting aside the sale, which was dismissed on 23.11.1959 on contested hearing against which Miscellaneous Appeal No.1 of 1960 was pre..Category: Tenancy Law | Date: | Hits: 185