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Nur Mohammad Bhuiyan and others Vs. Aysha Khatoon and others, 2011, 40 CLC (HCD)
....ated 8.11.1986 of the Munsif (now Assistant Judge), First Court, Chandpur in Title Suit No. 51 of 1983 are restored. Send down the lower Courts’ records. Ed. This Case is also Reported in: ......rs. No one appears - for the opposite parties. Civil Revision No. 4269 of 1991. Judgment Md. Ruhul Quddus J. - This Rule at the instance of the plaintiff-respondents was issued calling in question the legality of judgment and decree dated 29.11.1988 passed by the Subordinate Judge (now J......gs, the trial Court discussed the case of Bangladesh Vs. Haji Abdul Gani Biswas and others, 32 DLR (AD) 233, and relied on Abu Bakar Vs. Nazir Ahmed, 34 DLR (AD) 237. In the latter case under similar facts and circumstances, provisions of section 95 and 95A of the State Acquisition and Tenancy Act w..Category: Property Law | Date: | Hits: 87
....ithin six months from receipt of the judgment. No further adjournment shall be allowed at the instance of the added-defendants.
Faruque Ahmed J. - I agree.
Ed.
This Case is also Reported in:
......ithin six months from receipt of the judgment. No further adjournment shall be allowed at the instance of the added-defendants.
Faruque Ahmed J. - I agree.
Ed.
This Case is also Reported in:
......f the third party-petitioners, who purchased a portion of the suit land during pendency of the suit, cannot be affected only on the ground that they had come at a belated stage.
7. Considering the facts and circumstances of the present case, we think it would be just and proper, if the applicatio..
Category: Procedural Law | Date: | Hits: 77
Shahidullah Shaik and others Vs. Atahar Shaik and others, 2011, 40 CLC (HCD)
.... the Rule. In the result, the Rule is discharged. The order of stay granted at the time of issuance of Rule is vacated. Communicate a copy of the judgment. Ed. This Case is also Reported in: ......rs. No one appears - for the opposite parties. Civil Revision No. 933 of 1999 Judgment Md. Ruhul Quddus J. - This Rule, at the instance of the defendant-petitioners, was issued calling in question the legality of judgment and order dated 11.1.1999 passed by the District Judge, Gopalgonj ...... the Rule. In the result, the Rule is discharged. The order of stay granted at the time of issuance of Rule is vacated. Communicate a copy of the judgment. Ed. This Case is also Reported in: ..Category: Procedural Law | Date: | Hits: 74
Sree Binoy Krisna Saha and others Vs. Sree Reboti Mohon Saha and others, 2011, 40 CLC (HCD)
....rty to call for any document, recall or re-examine the witnesses and take additional evidence, if it is so required. Send down the lower Courts’ records. Ed. This Case is also Reported in: ......rty to call for any document, recall or re-examine the witnesses and take additional evidence, if it is so required. Send down the lower Courts’ records. Ed. This Case is also Reported in: ......adjudication of an issue which was already framed and decided on evidence. The impugned judgment and decree of the lower appellate Court, therefore, do not appear to be legally sustainable. Under the facts and circumstances of the present case, it would be just and proper, if the appeal is remanded ..Category: Property Law | Date: | Hits: 66
Government of Bangladesh and others Vs. Md. Salim Reza, 2003, 22 CLC (AD)
....and other benefits to the employees including the respondent. In that view of the matter, the appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: ......and other benefits to the employees including the respondent. In that view of the matter, the appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: ...... any future employed of the probationer. In such a case, the order of termination would stand vitiated on the ground that on regular enquiry was conducted. We shall presently consider whether, on the facts of the case before us, the documents referred to in the impugned order contain any stigma. ..Category: Employment/Service Law | Date: | Hits: 155
....he suit land in favour of appellants through court.
The office is directed to send down the lower Court’s record at once.
Md. Rais Uddin J. - I agree.
Ed.
This Case is also Reported in:
......llant Division. Now the executing court is bound to execute the decree as it stands. In the meantime the executing court has executed the kabala deed. In view of the above facts and circumstances the question of waiver of in executing the decree does not stand for the cause of withdrawal of taka 3,6......d out its entire assets to the defendant No.1 and 2 of the instant suit (appellants) and they stepped into the shoes of M/S Imperial commercial Industries. From the evidence of PW1 we find that those facts have been admitted by the PW1. The PW1 has also admitted in his examination in chief that the ..
Category: Property Law | Date: | Hits: 113
....t. No further adjournment will be allowed at the instance of the substituted defendants.
Communicate a copy of the judgment.
Faruque Ahmed J. - I agree.
Ed.
This Case is also Reported in:
......t. No further adjournment will be allowed at the instance of the substituted defendants.
Communicate a copy of the judgment.
Faruque Ahmed J. - I agree.
Ed.
This Case is also Reported in:
......in the suit on 9.7.2005. Thereafter they filed an additional written statement incorporating the ultimate result of Title Suit No. 33 of 2000 (renumbered as Title Suit No. 258 of 1997) and some other facts, which according to them, were necessary for effective disposal of the suit and also for bette..
Category: Property Law | Date: | Hits: 67
S. M. Basiruddin Vs. Zahurul Islam Chowdhury and another, 1982, 11 CLC (AD)
....e appeal is allowed with cost, the orders allowing preemption are set aside and the application for pre-emption is dismissed. Ed. This Case is also Reported in: 35 DLR (AD) (1983) 230. ...... application to the conversion of all tenants holding land as proprietor, tenure holder raiyat, under-raiyat, occupant or non-agricultural tenant, as raiyats or maliks under the Government. 5. The question boils down to this, whether on the acquisition of the rent-receiving interest, that is th......, relied upon a decision of this Court in the case of Anwara Begum Vs. Nurjahan, 27 DLR (AD) 109. From the reported decision it appears that similar question was under consideration on almost similar facts. Two applications under section 26F of the Bengal Tenancy Act were filed in the Court of the M..Category: Property Law | Date: | Hits: 85
Syed Selim Ahmed Vs. Apparel World (Pvt.) Ltd. and another, 2011, 40 CLC (HCD)
....sed and the Civil Rule is discharged. The order ad interim order of stay passed at the time of issuance of the Rule is vacated. Faruque Ahmed J. - I agree. Ed. This Case is also Reported in: ......sed and the Civil Rule is discharged. The order ad interim order of stay passed at the time of issuance of the Rule is vacated. Faruque Ahmed J. - I agree. Ed. This Case is also Reported in: ......rt with the instant first miscellaneous appeal, but still he fails to show his diligence in pursuing the matter. He also fails to produce any document in support of his stay in U.S.A. 7. Under the facts and circumstances, it does not appear that the learned Joint District Judge committed any ille..Category: Civil Law | Date: | Hits: 119
Wali Ullah Vs. Shaheda Begum and others, 2011, 40 CLC (HCD)
....ged, however, without any order as to costs. The order of stay passed at the time of issuance of the Rule, is vacated. Communicate a copy of this judgment. Ed. This Case is also Reported in: ......vil Revision No. 2518 of 1999. Judgment Md. Ruhul Quddus J. - This Rule, at the instance of a defendant-appellant, was issued on an application under section 115 of the Code of Civil Procedure questioning the legality of order dated 17.5.1999 passed by the Additional District Judge, Dhaka in ......ropriation has been made out. On an application filed by the plaintiffs, the trial Court appointed a receiver for collection of rents, to keep proper account and deposit the same in the Court. In the facts and circumstances of the case, I do not find any illegality in the impugned order. In the r..Category: Civil Law | Date: | Hits: 130
Nurul Islam and others Vs. Arif Ullah and others, 2012, 41 CLC (HCD)
....Accordingly the Rule is discharged. The order of status quo granted earlier at the time of issuance of Rule is vacated. Communicate a copy of the judgment. Ed. This Case is also Reported in: ...... No. 9386 of 1991. Judgment Md. Ruhul Quddus J. - This Rule at the instance of the plaintiff-respondents was issued on an application under section 115 of the Code of Civil Procedure calling in question the legality of judgment and order dated 29.9.1983 passed by the Subordinate Judge, Habigan......Accordingly the Rule is discharged. The order of status quo granted earlier at the time of issuance of Rule is vacated. Communicate a copy of the judgment. Ed. This Case is also Reported in: ..Category: Property Law | Date: | Hits: 70
Md. Shahar Ali and others Vs. Sree Sailesh Chandra Sen and others, 2012, 41 CLC (HCD)
.... the Rule is discharged. The ad interim order of status quo passed earlier at the time of issuance of the Rule is vacated. Communicate a copy of the judgment. Ed. This Case is also Reported in: ...... Abdullah, Advocate - for opposite party Nos.1-2. Civil Revision No. 3832 of 2003. Judgment Md. Ruhul Quddus J. - This Rule at the instance of the defendant-petitioners was issued calling in question the legality of judgment and order dated 25.3.2003 passed by the Additional District Judge,...... the Rule is discharged. The ad interim order of status quo passed earlier at the time of issuance of the Rule is vacated. Communicate a copy of the judgment. Ed. This Case is also Reported in: ..Category: Property Law | Date: | Hits: 84
Md. Rejaul Haque @ Ezaul Vs. State, 2011, 40 CLC (HCD)
....ed in any other case. Send down the Lower Court Records along with a copy of this judgment and order at once. Md. Afzal Hossain Ahmed J. - I agree. Ed. This Case is also Reported in: ...... “P.W.12 investigating officer in his testimony stated that বি ডি আর ক্যাম্পের নিকট গাড়ী রাখিয়া যায়।” “P.W.1 in reply to a question of defence admitted that "আমি ঘরের ভিতরে ঢুকি নাই। ......(f) of the Arms Act. The prosecution examined 12 witnesses including the informant and defence examined none. 5. The learned Judge of Special Tribunal after conclusion of trial considering the facts, circumstances and evidence on record passed the impugned judgment and order dated 31.10.1999 ..Category: Criminal Law | Date: | Hits: 95
Mahbub-ul-Alam Md. (Minor) and another Vs. Md. Alimuddin Karikor, 2009, 38 CLC (HCD)
.... judgment and order dated 9-4-2007 passed by the Revisional Court below is hereby set aside and that of the Executing Court is upheld. Ed. This Case is also Reported in: 15 BLC (HCD) (2010) 76. ...... judgment and order dated 9-4-2007 passed by the Revisional Court below is hereby set aside and that of the Executing Court is upheld. Ed. This Case is also Reported in: 15 BLC (HCD) (2010) 76. ......isonment or by attachment of his property or by both in case of his willful and deliberate disobedience to the decree and the revisional Court seriously erred in law on total misconception of law and facts in passing the impugned judgment setting aside the order of the Executing Court and the same i..Category: Civil Law | Date: | Hits: 100
Zillul Haq and others Vs. Maloti Bala Dey & others, 1998, 27 CLC (HCD)
.... for his perusal and necessary action. The order of stay earlier granted by this Court stands vacated. Send down the LCR at once. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 367.......n in 1947 and became permanent citizens of India and, as such, the suit property has become enemy property and subsequently vested property by operation of law. It was also contended that the will in question is false and fabricated and the plaintiff has no interest and possession in any portion of ......dditional District Judge reversed the material findings of the trial Court on proper consideration of the evidence on record on assigning cogent reasons in support of his conclusions. 11. From the facts and circumstances of the case and the evidence on record it is manifestly clear that the origi..Category: Property Law | Date: | Hits: 88
Chandi Proshad Dhar Vs. Bibha Rani Dhar & Others, 1996, 25 CLC (HCD)
.... substance in this Rule. The Rule is discharged without cost. Order of stay passed at the time of issuance of the Rule is hereby vacate Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 355....... Rule. 4. Mr. Gour Gopal Saha, learned Advocate for the opposite parties, in reply submits that a person can only be added in terms of the said clause (c), if he claims interest in the property in question through the testator and cites a decision reported in 35 DLR (AD) 254. 5. Admittedly pet...... substance in this Rule. The Rule is discharged without cost. Order of stay passed at the time of issuance of the Rule is hereby vacate Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 355...Category: Property Law | Date: | Hits: 70
Halima Jaman and other Vs. Government of Bangladesh, 1998, 27 CLC (HCD)
.... 1 of the CPC. We find no merit in this application for review. The Rule is accordingly discharged without any order as to costs. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 352. ......idence must have a material bearing on the merits of the case. Otherwise, the Court will not permit discovery of the new important matter or evidence to be used for review of the Judgment. 10. The question is: Does the death certificate of Abdus Satter Solaiman indicating his death on 10-12-1973 ......mely, Abdus Satter Solaiman where the presence of both the wife of the plaintiff in the house of Abdus Satter Solaiman and of P.W.2, his brother-in-law, would be not be very normal and natural in the facts and circumstances of the case, they having not even been named as witnesses, but if present, o..Category: Property Law | Date: | Hits: 89
Shefali Rani and others Vs. Makhan Chandra Das and others, 1990, 19 CLC (HCD)
.... The documents in question, as described in the schedule of the plaint are declared as void and fraudulent. No order as to costs. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 341. ......In a litigation of this nature the original documents should have been filed to prove the genuineness of the documents. Now it is to be decided whether on the admitted facts, namely, that the land in question is situated within Laxhmipur Sub-registry the Begumganj Sub-registrar had jurisdiction to r......iff took Title Appeal No.78 of 1990. The appeal was contested and it was dismissed by the impugned judgment and decree dated 18-7-90 by the Subordinate Judge 1st Court, Lakshmipur. 3. The relevant facts of the case is that the property in dispute comprising an area of 0.35 acres land belonged adm..Category: Procedural Law | Date: | Hits: 105
Maudud Vs. State, 1998, 27 CLC (HCD)
....mitting robbery and demanded key of the cash box. In view of the same we find no merit in the application for bail which is rejected. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 347. ......provisions of the parent Act made by the legislature and, as such, any Rule made in derogation of the provision of the parent Act is void. Since Rule 30 is not the appropriate Rule in this respect no question of its validity arises. 6. In view of the same we find no merit in the contention of the......mitting robbery and demanded key of the cash box. In view of the same we find no merit in the application for bail which is rejected. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 347. ..Category: Criminal Law | Date: | Hits: 87
Mokthar Masum Abedin and others Vs. Nironjan Kumar Mondol and others, 1997, 26 CLC (HCD)
.... two thousand) only to the plaintiff-opposite- party. Stay granted by this Court at the time of issuance of the Rule stands vacated. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 341.......site Party No.1. Civil Revision No. 2247 of 1993. Judgment AK Badrul Huq J.- By this application under section 115(1) of the Code of Civil Procedure, the pendente lite-transferee-petitioners question the propriety of the order dated August 2, 1993 passed by the learned Assistant Judge, Sath......efendants. The apprehension in the minds of the petitioners that the transferor-defendants are not interested to proceed with the suit cannot be said to be without any foundation. Weighing the entire facts, circumstances and materials produced before this Court and in the light of the proposition of..Category: Procedural Law | Date: | Hits: 74
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