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Primal Ranjan Das Vs. Nasima Khatun, 1997, 26 CLC (AD)
....t this stage because the question was never raised either in appeal or in revision. The petition is, accordingly, dismissed. Ed. This case is also reported in: 49 DLR (AD) (1997) 144 ......cted by Sharifuddin Chaklader, Advocate-on-Record — For the Petitioner. Not represented—The Respondent. Civil Petition for Leave to Appeal No. 50 of 1997. (From the judgment and order dated July 2, 1996 passed by the High Court Division, Dhaka in Civil Revision No. 2342 of ......t this stage because the question was never raised either in appeal or in revision. The petition is, accordingly, dismissed. Ed. This case is also reported in: 49 DLR (AD) (1997) 144 ......ioner by the defendant-petitioner, a monthly tenant in the suit premises, arises Out of a suit for his eviction, Title Suit No. 146 of 1990 of the First Court of Assistant Judge, Khulna, filed by the plaintiff-respondent alleging default in payment of rent and bonafide requirement, which was decreed..Category: Tenancy Law | Date: | Hits: 70
Abdur Rahman (Md) Vs. Md. Iqbal Ahmed and others, 1997, 26 CLC (AD)
....e benefits of the decree obtained after protracted litigation. The petition is, therefore, dismissed. Ed. This case is also reported in: 49 DLR (AD) (1997) 142 ......hellip;….Petitioner Vs. Md. Iqbal Ahmed and others………………….Respondents Judgmen......e benefits of the decree obtained after protracted litigation. The petition is, therefore, dismissed. Ed. This case is also reported in: 49 DLR (AD) (1997) 142 ...... sale of the disputed land. The suit was eventually decreed on 31 January 1967 with a direction to defendant No. 8 to execute and register on behalf of defendant Nos. 1-7 a kabala in favour of the plaintiff. The decree-holder then put the d into execution in Title Execution No. 94 of 1967 which ..Category: Property Law | Date: | Hits: 84
Abdul Kaiyum (Md) Vs. Krishnadhan Banik being dead, his heirs Bijan K Banik & ors, 1997, 26 CLC (AD)
....ugned judgment or in the revision petition before the High Court Division. The petition is dismissed. Ed. This case is also reported in: 49 DLR (AD) (1997) 140 ......sp; Vs. Krishnadhan Banik being dead, his heirs Bijan Kumar Banik and others………….Respondent Judgment March 24th,......ugned judgment or in the revision petition before the High Court Division. The petition is dismissed. Ed. This case is also reported in: 49 DLR (AD) (1997) 140 ......vil Revision No. 1408 of 1995). Judgment: ATM Afzal CJ: The plaintiff-petitioner’s prayer for temporary injunction was rejected concurrently by the Court..Category: Property Law | Date: | Hits: 64
Nur Islam (Md) Vs. Agrani Bank, 1995, 24 CLC (AD)
.... such a situation. The application under section 151 is found to have been rightly dismissed. This petition is dismissed. Ed. This case is also reported in: 49 DLR (AD) (1997) 135. ......e Court, instructed by Md. Nawab Ali, Advocate-on-Record — For the Petitioner. Not represented — the Respondent. Civil Petition for Leave to Appeal No. 343 of 1994. (From the Judgment and order dated 27-2-1994 passed by the High Court Division in Civil Order No. 1074 of 1994. Jud...... such a situation. The application under section 151 is found to have been rightly dismissed. This petition is dismissed. Ed. This case is also reported in: 49 DLR (AD) (1997) 135. ...... such a situation. The application under section 151 is found to have been rightly dismissed. This petition is dismissed. Ed. This case is also reported in: 49 DLR (AD) (1997) 135. ..Category: Civil Law | Date: | Hits: 120
Abdur Rouf (Md) Vs. Abdul Hamid and others, 1997, 26 CLC (AD)
....tted any illegality in affirming the decision of the trial Court. The petition is dismissed. Ed. This Case is also Reported in: 1 MLR (AD) 1996, 423, 49 DLR (AD) (1997) 133 ...... Mustafa Kamal J Latifur Rahman J Abdur Rouf (Md)…………… …………….Defendant-Petitioner Vs. Abdul Hamid and others……………… Plaintiff-Respondent Judgment ......tted any illegality in affirming the decision of the trial Court. The petition is dismissed. Ed. This Case is also Reported in: 1 MLR (AD) 1996, 423, 49 DLR (AD) (1997) 133 ......grieved by the impugned judgment of the High Court Division is seeking leave to appeal. 2. The suit was filed on the averments, inter alia that the suit property was recorded in the name of plaintiff’s father Abdul Aziz as the forcible possessor since 1956. One Md. Ibrahim was the t..Category: Property Law | Date: | Hits: 61
Sirajul Islam Chowdhury and others Vs. Md. Jainal Abedin & ors., 1997, 26 CLC (AD)
....age. The defendant- appellants are directed to pay the said amount within one month. There will be no order as to costs. Ed. This case is also reported in: 49 DLR (AD) (1997) 164 ...... Appellate Division (Civil) Present: ATM Afzal CJ Mustafa Kamal J Latifur Rahman J Md Abdur Rouf J BB Roy Choudhury J Sirajul Islam Chowdhury and others ……………Appellants Vs. Md. Jainal Abedin &......age. The defendant- appellants are directed to pay the said amount within one month. There will be no order as to costs. Ed. This case is also reported in: 49 DLR (AD) (1997) 164 ...... only point for determination in this appeal by leave by the defendant-appellants is, it being accepted as a concluded question of fact that the defendant-appellants trespassed into the land of the plaintiff respondent and thus incurred a tortious liability which is actionable per se did the High..Category: Admiralty Law or Maritime Law | Date: | Hits: 213
Chairman, Chittagong Port Authority & another Vs. Ministry of Defence and others, 1997, 26 CLC (AD)
....s No. 5, 6 & 7 and all other concerned authorities are directed to give effect to this order immediately.” Ed. This case is also reported in: 49 DLR (AD) (1997) 152 ...... Md Abdur Rouf J BB Roy Choudhury J Chairman, Chittagong Port Authority & another…………….Appellants Vs. Ministry of Defence and others………………Respondents Judgment Januar......s No. 5, 6 & 7 and all other concerned authorities are directed to give effect to this order immediately.” Ed. This case is also reported in: 49 DLR (AD) (1997) 152 ......l collided with Bangladesh Naval Frigate BNS Osman and caused extensive damage thereto. On 14 August 1991 Ministry of Defence of the Government of Bangladesh and Commodore Commanding BN flotilla as plaintiffs brought the aforementioned suit against the vessel, her master, agents and others for r..Category: Admiralty Law or Maritime Law | Date: | Hits: 184
Karnafuli Cotton Mills Ltd. Vs. United Commercial Bank Ltd. and others, 1997, 26 CLC (AD)
....nbsp; Subject to this modification of the order of the High Court Division the petition is disposed of. Ed. This case is also reported in: 49 DLR (AD) (1997) 130 ...... Latifur Rahman J Md. Abdur Rouf J Md. Ismailuddin Sarker J Karnafuli Cotton Mills Ltd................... Petitioner Vs. United Commercial Bank Ltd. and others............... Respondents Judgment November 8th, 1995 Cases Referr......nbsp; Subject to this modification of the order of the High Court Division the petition is disposed of. Ed. This case is also reported in: 49 DLR (AD) (1997) 130 ......nbsp; Mustafa Kamal J This petition for leave to appeal by defendant-opposite party No. 1 is from the judgment and order dated 9-7-95 in which a Rule sought to be obtained by the plaintiff- petitioner-respondent was not pressed, yet, as prayed for by the respondent, an Advocat..Category: Procedural Law | Date: | Hits: 98
Government of Bangladesh Vs. Hosne Ara Begum, 1997, 26 CLC (AD)
....ment and decree of the High Court Division be set aside and those of the trial Court be restored. Ed. This Case is also Reported in: 2 MLR (AD) 1997, 56, 49 DLR (AD) (1997) 127 ...... Latifur Rahman J Md. Abdur Rouf J Bimalendu Bikash Roy Choudhury J Government of the People’s Republic of Bangladesh and another………….. Appellants Vs. Hosne Ara Begum&helli......ment and decree of the High Court Division be set aside and those of the trial Court be restored. Ed. This Case is also Reported in: 2 MLR (AD) 1997, 56, 49 DLR (AD) (1997) 127 ......p; Bimalendu Bikash Roy Choudhury J.- This appeal originates from Money Suit No. 9 of 1985 of the First Court of Subordinate Judge, Dhaka. The respondent Hosne Ara Begum as plaintiff brought the same against the appellants, Government of Bangladesh and Additional Deputy C..Category: Property Law | Date: | Hits: 72
Jalaluddin alias Faruque and ors. Vs. Ehsanuddin and others, 1996, 25 CLC (AD)
.... of Order XLVII Rule I of the Code of Civil Procedure. We do not find any substance in this petition. It is, therefore, dismissed. Ed. This case is also reported in: 49 DLR (AD) (1997) 116 ......7) 116 ...... of Order XLVII Rule I of the Code of Civil Procedure. We do not find any substance in this petition. It is, therefore, dismissed. Ed. This case is also reported in: 49 DLR (AD) (1997) 116 ......ourt Division rejecting the application for reviewing its Judgment and Order dated 12.11.91 passed in Civil Revision No. 1136 of 1990 discharging the Rule. 2. Predecessor of respondent Nos. 1-5 as plaintiff No. 1 and respondent No. 6 as plaintiff No. 2 brought SCC Suit No. 112 of 1986 in the Firs..Category: Property Law | Date: | Hits: 63
Khandaker G. Najib Vs. Chair., Board of Directors, Agrani Bank, HO, Dhk & ors, 1997, 26 CLC (AD)
....e matter. The appeal is allowed with costs and remanded to the Administrative Tribunal for hearing the case in accordance with law. Ed. This case is also reported in: 49 DLR (AD) (1997) 109. ......d in: 49 DLR (AD) (1997) 109. ......e matter. The appeal is allowed with costs and remanded to the Administrative Tribunal for hearing the case in accordance with law. Ed. This case is also reported in: 49 DLR (AD) (1997) 109. ......f 1984. By a judgment and decree dated 28-3-85 the appellant’s suit was decreed and the impugned orders dated 16-2-79 and 11-12-81 were declared to be void, illegal and without jurisdiction and the plaintiff were declared to be still in service in the eye of law with loss of 3 years seniority in s..Category: Administrative Law | Date: | Hits: 131
Surat Sarder and others Vs. Afzal Hossain and others, 1997, 26 CLC (AD)
....dgment and decree dated 3-8-86 passed by the learned Munsif in Title Suit No. 117 of 1985 decreeing the suit are restored. Ed. This case is also reported in: 49 DLR (AD) (1997) 99 ......7) 99 ......dgment and decree dated 3-8-86 passed by the learned Munsif in Title Suit No. 117 of 1985 decreeing the suit are restored. Ed. This case is also reported in: 49 DLR (AD) (1997) 99 ...... and Order dated 11-5-93 passed by the High Court Division in Civil Revision Case No. 348 of 1990). Judgment: Md. Abdur Rouf J: This appeal by leave by the plaintiffs is from the judgment and order dated May, 11, 1993 passed by the High Court Division in ..Category: Property Law | Date: | Hits: 79
Chitta R Chakraborty being dead, his heirs Ashish C. & ors Vs. Md. A. Rob, 1997, 26 CLC (AD)
.... result, this appeal is allowed without any order as to costs. The impugned judgment and order of the High Court Division are set aside. Ed. This case is also reported in: 49 DLR (AD) (1997) 96 ......ivision (Civil) Present: ATM Afzal CJ Mustafa Kamal J Latifur Rahman J Md. Abdur Rouf J BB Roy Choudhury J. Chitta Ranjan Chakraborty being dead, his heirs Ashish Chakraborty and others ……………Appellant Vs. Md. Abdur Rob alias Mvi. Md. Abdur Rob……………....... result, this appeal is allowed without any order as to costs. The impugned judgment and order of the High Court Division are set aside. Ed. This case is also reported in: 49 DLR (AD) (1997) 96 ......der of remand passed by the Subordinate Judge, 1st Court, Mymensingh, in Other Class Appeal No. 32 of 1987. 2. The heirs of the defendant Chitta Ranjan Chakrabarty are the appellants. The original plaintiffs Janendra Chandra Roy and his mother Suhashini, were the owners of Municipal holding at Am..Category: Tenancy Law | Date: | Hits: 88
Ali Ahmed & ors Vs. Nazimuddin P. being dead, his heirs Azimuddin P. & ors., 1997, 26 CLC (AD)
....f the said court. In the result, both the appeals are dismissed without any order as to costs. Ed. This Case is also Reported in: 1 MLR (AD) 1996, 433, 49 DLR (AD) (1997) 90 ......7) 90 ......f the said court. In the result, both the appeals are dismissed without any order as to costs. Ed. This Case is also Reported in: 1 MLR (AD) 1996, 433, 49 DLR (AD) (1997) 90 ......ation of Taka 3000.00 by means of a registered kabala dated 18 Jaistha 1364 BS corresponding to 1 June 1957 and on the same day the defendant executed an agreement for reconveyance in favour of the plaintiff undertaking to reconvey the said land on repayment of the consideration money by the mont..Category: Property Law | Date: | Hits: 60
Ezaher Meah & others Vs. Shaher Banu and others, 1997, 26 CLC (AD)
.... legal position we find no substance in the contention of the petitioners. This petition is, therefore, dismissed. Ed. This case is also reported in: 49 DLR (AD) (1997) 85 ......l J Latifur Rahman J Md. Abdur Rouf J BB Roy Choudhury J Ezaher Meah & others.............................................. Petitioners Vs Shaher Banu and others……………………………&...... legal position we find no substance in the contention of the petitioners. This petition is, therefore, dismissed. Ed. This case is also reported in: 49 DLR (AD) (1997) 85 ......ly belonged to one Hemendra Narayan Chowdhury who is survived by his three sons, defendant Nos. 1-3. On 12 November 1974 Hemendra Narayan entered into a contract for sale of the land in suit to the plaintiff for a consideration of Taka 9000.00 and executed a bainapatra on receipt of Taka 7700.00 ..Category: Property Law | Date: | Hits: 73
Khairunnessa being dead, her heirs F. Alam & ors Vs. Zobaida Nahar @ Zharna & ors, 1997, 26 CLC (AD)
....t be restored. The defendant may take back the amount if already deposited in the trial Court. Ed. This Case is also Reported in: 1 MLR (AD) 1996, 430, 49 DLR (AD) (1997) 77 ...... Present: ATM Afzal CJ Latifur Rahman J Mustafa Kamal J Md. Abdur Rouf J Bimalendu Bikash Roy Choudhury J Khairunnessa being dead, her heirs Feroz Alam and ors ……Appellants. Vs. Zobaida Nahar @ Zharna & ors…&hellip......t be restored. The defendant may take back the amount if already deposited in the trial Court. Ed. This Case is also Reported in: 1 MLR (AD) 1996, 430, 49 DLR (AD) (1997) 77 ......t by Md. Ismail in Succession Certificate Case No. 130 of 1973. She died on 4 June, 1977 while under treatment at Khulna survived by Khairunnessa, her daughter and only heiress who is the present plaintiff. The plaintiff obtained succession certificate in respect of the properties left by her m..Category: Property Law | Date: | Hits: 82
Rupe Jahan Begum and others Vs. Lutfe Ali Chowdhury and others, 1997, 26 CLC (AD)
.... result, this appeal is allowed with costs and the impugned judgment and order of the High Court Division stand set aside. Ed. This case is also reported in: 49 DLR (AD) (1997) 73 ......e Division (Civil) Present: ATM Afzal CJ Mustafa Kamal J Latifur Rahman J Md. Abdur Rouf J Bimalendu Bikash Roy Choudhury J Rupe Jahan Begum and others……………………………&h...... result, this appeal is allowed with costs and the impugned judgment and order of the High Court Division stand set aside. Ed. This case is also reported in: 49 DLR (AD) (1997) 73 ......ation was sought to the effect that the registered Heba-bil-Ewaj executed by defendant No. 1 in favour of her husband, defendant No. 2, was void and not binding upon him. 4. The case of the plaintiff set out in his plaint was that defendant No. 1 was very affectionate to him. He purchased..Category: Procedural Law | Date: | Hits: 140
Rezaul Karim and others Vs. Shamsuzzoha and others, 1997, 26 CLC (AD)
....not be sustained. The appeal is allowed with costs. The impugned judgment of the High Court Division is set aside. Ed. This case is also reported in: 49 DLR (AD) (1997) 68 ......urt Appellate Division (Civil) Present: ATM Afzal CJ Mustafa Kamal J Latifur Rahman J Md Abdur Rouf J BB Roy Choudhury J. Rezaul Karim and others………………….. Appellant Vs. Sha......not be sustained. The appeal is allowed with costs. The impugned judgment of the High Court Division is set aside. Ed. This case is also reported in: 49 DLR (AD) (1997) 68 ...... land with structures thereon in plot No. 2379 of khatian No. 286 (old) khatian No. 409 (new). Mouza Kalishankarpur belonged to one Judhistir Chandra Nath who settled the same with Asia Khatun, the plaintiffs’ mother, on 10th Aswin 1354 BS at a rent of Taka 5.00 per year. Possession thereo..Category: Property Law | Date: | Hits: 77
Abdul Jalil Miah (Md) Vs. Niropama Ritchil and ors., 1997, 26 CLC (AD)
....sion, although on different reasonings. In the result the appeal is dismissed with costs. Ed. This Case is also Reported in: 1 MLR (AD) 1996, 426, 49 DLR (AD) (1997) 61 ......ellip;………………………………………………..Appellant Vs. Niropama Ritchil and ors ……………………………&hel......sion, although on different reasonings. In the result the appeal is dismissed with costs. Ed. This Case is also Reported in: 1 MLR (AD) 1996, 426, 49 DLR (AD) (1997) 61 ......rch, 1989 passed by the High Court Division in Appeal from Original decree No. 1741 of 1981). Judgment ATM Afzal CJ.- This appeal by the plaintiff, following leave, is directed against the judgment and degree dated 13 March, 1989 passed..Category: Property Law | Date: | Hits: 72
Resima Sultana Vs. Khaez Ahmed Mojumder, 1997, 26 CLC (AD)
.... The contentions raised by the appellant fail and accordingly the appeal is dismissed without any order as to costs. Ed. This case is also reported in: 49 DLR (AD) (1997) 57 ......zair Farooq, Advocate-on-Record— For the Appellant Miah Abdul Gafur, Advocate-on-Record — For the Respondent Civil Appeal No. 97 of 1993 (From the judgment and order dated 22nd and 29th April, 1993 passed by the High Court Division in Civil Revision No.&...... The contentions raised by the appellant fail and accordingly the appeal is dismissed without any order as to costs. Ed. This case is also reported in: 49 DLR (AD) (1997) 57 ......d order dated 22nd and 29th April, 1993 passed by the High Court Division in Civil Revision No. 1366 of 1992). Judgment: ATM Afzal CJ: The main question raised for decision in this plaintiffs appeal by leave is whether a family court has power under sub-section (5) of section 16 ..Category: Family Law | Date: | Hits: 144
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