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....it-petitioner has pleaded a case for one Harun Osmani, which is not permissible in a PIL case and he has no locus standi to institute such a writ petition as a proxy for a person who himself does not claim by appearing in Court. As per Rules 5(1) (ga), 5(3) and First Schedule of the সরকারà......q Siddiqi, Advocate with him) instructed by Mvi. Md. Wahidullah, Advocate-on-Record- For Respondent No. 1 (In both the cases)
Not represented-Respondent No. 2 (In both the cases)
Civil Petition for Leave to Appeal Nos. 111 and 112 of 2008.
(From the judgment and order dated 18.02.2008 passe......l procedure.
19. Evidence and oath.
20. Will, intestacy and succession.
21. Trusts and trustees.
22. Arbitration and limitation.
23. Bankruptcy and insolvency.
24. Money-lending and moneyÂlenders.
25. Legal profession and notaries.
26. Legal aid to the poor, defence of paupe..
Category: Constitutional Law | Date: | Hits: 207
Md. Chan Miah Vs. Md. Dabirul Islam Khan @ Muku Miah & Others, 2009, 38 CLC (AD)
....No. 2 of 2001, which on transfer has been registered as pre-emption Miscellaneous Case No. 47 of 2003 in the 1st Court of Joint District Judge, Moulvibazar. The pre-emptor filed the pre-emption case claiming to be contiguous landholder of the land covered by registered sale deed dated 29.1.2001 exe......ord- For the Petitioner. Munsur Habib, Advocate, instructed by Md. Zainal Abedin, Advocate-On-Record- For Respondent No.1. Not Represented- Respondent Nos. 2-13. Civil Petition for Leave to Appeal No. 729 of 2008. (From The Judgment and Order Dated 20.05.2007 passed By ......d. 5. The learned Subordinate Judge on consideration of the application allowed the prayer of the opposite party No. 7 vide order No. 25 dated 4.6.2001 subject to deposit of the consideration money together with the compensation amount within 17.6.2001 and also ordered for modification of th..Category: Property Law | Date: | Hits: 63
....utated in S.A. Khatian No.406 in Place of said Chaturi Tanti and they paid ground rents and got dakhilas Against the above order of mutation, Shihamul Haque preferred Misc. Appeal Case No. 13 of 1981 claiming title on the basis of deed of exchange (settlement) dated 16.061980 and the Additional Depu......rs were in possession of the case land set aside the above order dated 12.01.1982 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 f......e for declaration that the settlement deed described in schedule 'B' is not binding on the plaintiffs.
This Case is also Reported in: 15 MLR (AD) (2010) 1; VII (ADC) (2010) 113; 7 LG (AD) 2010, 5.
..
Category: Property Law | Date: | Hits: 43
Secretary, Ministry of Education and others Vs. Mowlana Wahiduzzaman and another, 2009, 38 CLC (AD)
....udgment to have been passed in accordance with law. The appeal is accordingly dismissed without any order as to costs. Ed. This Case is also Reported in: VI ADC (2009) 1016. ...... 2. The writ petitioner respondents filed the aforesaid writ petition challenging the letter issued by the Senior Assistant Secretary, Section-16,......he rule absolute by the impugned judgment dated 19.4.2000 mainly on the ground that "Though the report is an adverse one, but the inspection team ultimately recommended for continuing the money payment order. Under section 17(b) of the Madrasa Education ordinance, it is the Madras..Category: Employment/Service Law | Date: | Hits: 146
M/S. R.M. Salt Crushing Industries Vs. Sonali Bank, Cox's Bazar Branch & others, 2009, 38 CLC (AD)
.... before" and "it should be mentioned here that this petitioner, admittedly, took loan of total taka 71,27,873.19 from the plaintiff bank and the plaintiff bank filed the suit in question claiming taka 1,24,93,829.19 which is not more than 200% of the principal loan amount. So the petit......ch 9, 2009. Lawyers Involved: Sirajul Islam Khan, Advocate, instructed by Aftab Hossain, Advocate-on-Record-For the Petitioner. Not represented-Respondents Civil Petition for Leave to Appeal No. 515 of 2008. (From the judgment and order dated 20.11.2007 passed b......al justice and bad in the eye of law. 6. Considering the fact and circumstances of the case, we do not find any merit in the leave petition inasmuch as the bank is entitle to realize its due money and admittedly the defendant appellant, though enjoyed the loan but failed to repay the ..Category: Civil Law | Date: | Hits: 136
Fazle Elahi Sharfuzzaman Vs. Surujit Bose (Raju) and others, 2009, 38 CLC (AD)
.... 65. The trial Court observed that plaintiff purchased some lands within the certain well defined boundaries and he had got possession of the same and under the circumstances of this case he could no claim anything more, so it is clear that Bhubon Mohan Ghosh and thereafter his successors including ......d- For the Petitioner. Abdul Wadud Bhuiyan, Senior Advocate instructed by Nurul Islam Chowdhury, Advocate-on-Record- For Respondent No.1. Not represented- Respondent Nos. 2-9. Civil Petition for Leave to Appeal No. 1366 of 2008. (From the judgment and order dated the 5th day of June. 200......the above, we find in subÂstance on the submissions of the learned Advocate for the petitioner. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 1009...Category: Tenancy Law | Date: | Hits: 214
A. Hakim Gazi and others Vs. Gazi Safiqul Islam and others, 2009, 38 CLC (AD)
.... on First Push, 13.78 B.S. and have been living there since then by erecting houses and hence the suit. 4. The defendant No.1 contested the suit by filing written statement denying the claim of the plaintiffs contending, inter alia, that the suit is not maintainable being hit by sec......dents Judgment June 4, 2009. Lawyers Involved: Syed Mahbubar Rahman, Advocate-on-Record-For the Petitioners. Not Represented-the Respondents. Civil Petition for Leave to Appeal No. 1440 of 2007. (From the judgment and order dated 7.3.2007 passed by......as disposed of on compromise. The superior landlord Niranjan Roy Chowdhury sold the jama in auction in Execution Case No.89 of 1950 of the third Court of Munsif. Achhiya Khatun deposited decreetal money and the sale was set aside on contest. Thereafter, Baru Bibi and Amena filed Rent Suit No.147..Category: Property Law | Date: | Hits: 138
Md. Enamul Huq and others Vs. Bijoy Chandra Khasnabish and others, 2008, 37 CLC (AD)
.... registered soon after the liberation. After the liberation war the defendant No. 2, Deputy Commissioner, Mymensingh and the Additional Deputy Commissioner (Vested and Abandoned Property), Mymensingh claiming the suit property to be enemy property leased out the same in favour of the defendant Nos. ......te-on-Record-For the Petitioners. M. H. Khandkar, Advocate, instructed by Md. Aftab Hossain, Advocate-on-Record-For Respondent No. 6. Not represented-Respondent Nos.1-5, 7-10. Civil Petition for Leave to Appeal No. 1307 of 2007. (From the judgment and order dated 28.03.07 passed by the H......arwala. The defendant No.1 entered into an agreement for sale of the said land on 05.07.1970 with the plaintiff at a consideration of Tk. 75,000/- out of which Tk. 50,000/- was paid by him as earnest money. It was stipÂulated that the sale deed would be executÂed and registered in favour of the pl..Category: Limitation Law | Date: | Hits: 255
Abul Hossain and another Vs. Hazi Md. Rezaul Karim and others, 2009, 38 CLC (AD)
....e actual physical possessors of the suit land applied for taking lease before Additional Deputy Commissioner (Rev) Cox's Bazar and submitted all papers in support of their legitimate claims and the matter was referred to Deputy Commissioner, Cox's Bazar through Thana Nirbahi Offic......a Khatun, Advocate-on-Record-For the Petitioners. A.K.M. Shahidul Huq, Advocate-on-Record-For Respondent No. 1. Not represented-Respondent Nos. 2-65. Civil Petition for Leave to Appeal No. 237 of 2006. (From the judgment and order dated the 15th day of Dec...... apprehended to get the preferential relief in respect of lease hold of shrimp khas land as per principle of present Government, moreover the present petitioners are very weak both by men and money with the strength of respondent No.1 and in view of the facts and circumstances made abo..Category: Property Law | Date: | Hits: 88
Rada Rani Nath and another Vs. Niranajan Dutta and others, 2009, 38 CLC (AD)
....he last survey, the suit land was wrongly recorded in the name of the father of defendant Nos. 1 and 2 and that their father by executing registered deed of muktipatra dated 16.10.1997 disowned his claim of wrong record relating to suit land within the knowledge of the defendant and the plaintiff......te-on-Record-For the Petitioner (In both the cases) T. H. Khan, Senior Advocate, instructed by Md. Abu Siddique, Advocate-on-Record-For Respondents) (In both the cases) Civil Petition for Leave to Appeal Nos. 641-42 of 2008. (From the judgment and order dated the 24th day of......no substance in the submissions of the learned Advocate for the petitioner. Accordingly, the petitions are dismissed. Ed. This Case is also Reported in: VI ADC (2009) 996. ..Category: Property Law | Date: | Hits: 132
Azam Khan Vs. Ataur Rahman and others, 2009, 38 CLC (AD)
....le deed, the defendant No.1 started threatening to forcible entry into the suit land. Hence the suit. 5. The defendant Nos.1 and 2 contested the suit by filing a joint written statement claiming ownership and possession in the suit land by way of inheritance by defendant No.2 and......the Petitioner. Shorful Islam Khan, Advocate, instructed by A.K.M. Shahidul Huq, Advocate-on-Record-For Respondent No.1. Not represented-Respondent Nos. 2-3. Civil Petition for Leave to Appeal No. 241 of 2008. &n......e-Sridharpur, where the defendant No.2 resides, was about six mile away from the suit land. The D.W.3 was the scribe of the sale deed. He only proved the sale deed and payment of the consideration money. D.W.1 and 2 also could not state the plot and khatian numbers of the suit land. 16. T..Category: Property Law | Date: | Hits: 158
M/s International Trade Promotors Vs. Judge, Artha Rin Adalat No. 1 Dhaka & ors, 2008, 37 CLC (AD)
....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: 17 BLT (AD) (2009) 306. ...... Aftab Hosssain, Advocate-on-Record- For Respondent No. 3. Syed Mahbubur Rahman, Advocate-on-Record-For Respondent No. 2. Not represented- Respondent No.1. Civil Petition for leave to Appeal No. 42 of 2008. Judgment &nbs......de the auction sale and for holding fresh auction of the mortgaged properties provided the petitioners pay the respondent No.3, the auction purchaser, interest at the rate of 12%, on the amount of money which the respondent No.3 deposited in the Court with effect from the date of deposit, and al..Category: Civil Law | Date: | Hits: 191
Ujjal Rani Banik and others Vs. Sree Krishna Chandra Banik and others, 2008, 37 CLC (AD)
.... the land as joint property of the family, Balaram Banik being the elder brother was the Karta of joint family used to perform all acts in the interest of their joint family Balaram alone did never claimed the property and he alone also did not possess the same. Balram as the elder brother and Ka......ufia Khantun, Advocate-on-Record- For the Petitioners. Nurul Islam Bhuiyan, Advocate-on-Record-For Respondent No.1. Not represented-Respondent Nos. 2-11. Civil Petition for leave to Appeal No.73 of 2007. Judgment ......ame of Balaram by registered deed dated 02.08.1974 from joint income of the plaintiff and Balaram. The plaintiff and Balaram use to carry joint business. The plaintiff also has equally share of the money deposited in the Bank by Balaram, thus the plaintiff and Balaram were the owner in 50% share ..Category: Property Law | Date: | Hits: 99
Md. Nazrul Islam Vs. Monzurul Islam Liton and others, 2009, 38 CLC (AD)
....quired a vested right whose bid was accepted was not impleaded in the writ petition and therefore, the judgment and order of the High Court Division are not sustainable in law. The writ Petitioner claimed that he was the highest bidder and approval was given to his tender bid by letters dated 01......thereof in respect of train being Nos. 461 and 462 and 455/456. 2. The respondent No.1 as the writ-petitioner filed the writ petition challenging the said impugned order dated 10.11.2002 and for direction upon the writ-respondents to give final approval of his work order as mentioned in th......e tender on 18.5.2002. Although the writ petitioner became-the highest bidder amongst the two bidders, he on 11.8.2002 received a letter from the concerned authority asking him to increase the bid money of train No.411/412 and 453/454. The writ petitioner on 14:08.2002 in reply to that letter ad..Category: Civil Law | Date: | Hits: 149
National University and others Vs. Begum Sultana Razia, 2009, 38 CLC (AD)
....dealt with under the Statute-6 inasmuch as the respondent was placed under suspension with the specific purposes of disciplinary action under the Statute-8 and the appellants are bound by estoppel to claim that the respondent was terminated as a probationary officer and was appointed in a substantiv......Corporation, Dacca Vs. Mahbub Hossain Chowdhury 29 DLR (S.C) 41; V.P. Ahuja vs. State of Punjub and others reported in AIR 2000 SC 1080; Dipti Prakash Banerjee Vs. Satvendra Nath Bose National Centre for Basic Sciences, Calcutta, (1999) 3SCC 60 AIR 1999 SC 983; Managing Director, ECIL Vs. B. Karunak......esent case and in accordance in the fact. In the result, this appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: 17 BLT (AD) (2009) 190, VIII ADC (2011) 307...Category: Employment/Service Law | Date: | Hits: 118
M/S. United Leather International Vs. Artha Rin Adalat and others, 2009, 38 CLC (AD)
....cation filed under Sections 12(2) and 51 of the Artha Rin Adalat Ain, 2003 praying for adjustment of the outstanding loan with the sale price of the pledged goods and thereby to fix the actual claim amount in the suit. 3. The respondent-bank filed Title Suit No. 531 of 2003 for realiz......sp; Lawyers Involved: S. N. Goswami, Advocate, instructed by Syed Mahbubur Rahman, Advocate-on-Record-For the Petitioner. Not represented-the Respondents. Civil Petition for Leave to Appeal No. 1561 of 2008. (From the judgment and order dated 01.07.2008 passed ...... interference. We do not find any merit in this leave petition. Accordingly, the petition for leave to appeal is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 978. ..Category: Civil Law | Date: | Hits: 152
Md. Azizul Hoque Vs. Md. Aftabuddin and others, 2009, 38 CLC (AD)
....t the plaintiff during pendency of the rule filed an application to join in his earlier post of Assistant Teacher on the basis of observation given by the appellate court and as such he waived his claim for the post of Assistant Head Master but the High Court Division most illegally made the rul......For the Petitioner. Seikh Atiar Rahman, Advocate, instructed by Aftab Hossain, Advocate-on-Record-For Respondent No. 1. Not represented-For Respondent Nos. 2-5. Civil Petition for Leave to Appeal No. 1615 of 2008. (From the judgment and order dated 23.4.2008 passed b......at a correct decision. We therefore find no reason to interfere with the same. The petition is accordingly dismissed. Ed. This Case is also Reported in: VI ADC (2009) 971. ..Category: Employment/Service Law | Date: | Hits: 106
Most. Rokeya Begum Vs. Dr. Md. Golam Kibria, 2008, 37 CLC (AD)
....er land 1½ feet of her sunshade projecting over his land. Her building has blocked the passage or air and light to his premises. Water drops on his house from her building. He did not get no claim certificate in respect of the public pathway over which he was to have boundary of his house ...... by Syed Mahbubar Rahman, Advocate-on-Record-For the Respondent (In Civil Petition No. 354 of 2007). Not represented-The Respondent (In Civil Petition No. 514 of 2007). Civil Petition for Leave to Appeal Nos. 354 and 514 of 2007. (From the judgment and order dated 08.01.2002......and its author was not examined before the Court. We find no merit in these petitions which are accordingly dismissed. Ed. This Case is also Reported in: VI ADC (2009) 968. ..Category: Property Law | Date: | Hits: 87
Bangladesh Power Development Board & ors Vs. M/s. Arab Contractor, (BD) Ltd & ors, 2009, 38 CLC (AD)
....nt No.1 served a Notice of Arbitration dated 30.05.2005 on the petitioner No. 1, pursuant to such notice, arbitration proceeding commenced between the parties. 7. The respondent No.1 as claimant filed a statement of claim, claiming Tk. 202,47,32,385.00/-, over and above the agreed co......Senior Advocate instructed by Mvi. Md. Wahidullah, Advocate-on- Record-For Respondent No.1 (In all cases) Not represented-Respondent Nos. 2-4 (In all cases) Civil Petition for Leave to Appeal Nos. 2263 and 2211-2212 of 2008. (From the judgment and order dated 22......rbitration Act, 2001 on the basis of bank papers. We find no substance in these petitions which are accordingly dismissed. Ed. This Case is also Reported in: VI ADC (2009) 952. ..Category: Alternative Dispute Resolution | Date: | Hits: 344
Sreemati Priti Rani Chakraborty and others Vs. J.M. Sen Institute, 2006, 35 CLC (AD)
.... not taken any step against the R. S. and P.S. khatian and that on the basis of the said khatians it can not be said that title of the plaintiff has been proved, that defendants in support of their claim have filed an unregistered deed of gift and P.S. khatian and that as the plaintiff has not t......990 of the 1st Additional Court of Assistant Judge, Chittagong, Sadar in other suit No. 12 of 1990 dismissing the same. The suit was filed seeking eviction of the licensee/permissive possessor and for khas possession, of the land described in the schedule attached to the plaint. 2. The su...... made hereinabove we find no merit in the appeal. Accordingly the appeal is dismissed. There is no order as to costs. Ed. This Case is also Reported in: VI ADC (2009) 945. ..Category: Property Law | Date: | Hits: 82
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