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Md. Nurun Nobi Vs. Khondaker Moklesur Rahman and others, 2010, 39 CLC (AD)
.... did not contest the suit. 5. The plaintiff adduced three witnesses including himself as P.W.1 and the defendant No.1 also adduced three witnesses including himself as D.W.1. Both the contesting parties submitted documents in support of their respective cases which were marked as exhibits. ......5 dated 10.08.1981 and the delivery of possession of respective lands were made duty and accordingly the plaintiff (Khandaker Mokhlesur Rahman) since then was owning and possessing the suit land on payment of rent to the Government mutating his name in the records of right vide Mutation Case No. 1......ition to interfere with the impugned judgment and order passed by the High Court Division. The leave petition is accordingly dismissed. Ed. This Case is also Reported in: VII ADC (2010) 917...Category: Property Law | Date: | Hits: 31
Shah Alam (Md.) Vs. Abdul Hashem Bepari and others, 2000, 29 CLC (HCD)
.... are that the petitioner as plaintiff instituted a suit for specific performance of a contract in the Court of the Subordinate Judge, Bhola being Title Suit No. 78 of 1986, against defendant opposite party No. 1 alleging, inter alia, that the defendant entered into an agreement with him for sale of ...... permission of the plaintiff. The finding of the learned Court of appeal below on the factum of possessions is found to be contrary to the evidence on record and, as such, not sustainable in law. The payment of a token of solatium to the plaintiff is equally ludicrous and not amenable to reason, equ......intiff shall be at liberty to get the decree executed through the Court in accordance with law. Send down the lower Court records at once. Ed. This Case is also Reported in: 54 DLR (2002) 550...Category: Civil Law | Date: | Hits: 81
Solaiman (Md.) and others Vs. Md. Mosharaf Hossain Khan and others, 2002, 31 CLC (HCD)
.... that the contemner respondents were verbally informed by the petitioners about the said Order on 16th of July, 2001 and in writing they informed on 18th July, 2001 but in spite of contemner opposite parties finally published the result of the election of the federation by taking advantage of the st......heir service book. A copy of this judgment be sent to the Secretary, Ministry of Sport and Ministry of Establishment for necessary action. Ed. This Case is also Reported in: 54 DLR (2002) 531.......heir service book. A copy of this judgment be sent to the Secretary, Ministry of Sport and Ministry of Establishment for necessary action. Ed. This Case is also Reported in: 54 DLR (2002) 531...Category: Civil Law | Date: | Hits: 70
Zakir Hossair alias Tota Mia Vs. State, 2009, 38 CLC (AD)
.... the victim and that the witnesses were not also sure about the appearance of the petitioner and such confusing statements cannot be considered as positive evidence; that it was not possible on the part of the persons who saw the occurrence to identify the accused in a positive manner, the High Co......e above, we find no substance in the submissions of the learned Advocate for the petitioner. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: VII ADC (2010) 885. ......e above, we find no substance in the submissions of the learned Advocate for the petitioner. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: VII ADC (2010) 885. ..Category: Criminal Law | Date: | Hits: 40
Abdul Noor and others Vs. Abdul Jabbar and others, 2009, 38 CLC (AD)
....rs of Angarjure restraining the defendant permanently from peaceful use and enjoyment of the suit land by the people of Angarjure. 3. The relevant facts, in short, are that the schedule land was a part of former resurvey settlement plot No. 790 and the entire land of said plot was being possessed......erial or new ground for consideration. Thus we do find any merit in the Review Petition. Accordingly, the Review Petition is rejected. Ed. This Case is also Reported in: VII ADC (2010) 873.......erial or new ground for consideration. Thus we do find any merit in the Review Petition. Accordingly, the Review Petition is rejected. Ed. This Case is also Reported in: VII ADC (2010) 873...Category: Property Law | Date: | Hits: 27
....n-op) position. On 09-6-08 Mr Salahuddin Ahmed with Mohammad Zafar Imam, AAG appeared and disclosed that they had not yet received any instruction from the respondent. The cases were however heard in part. After few days, on 12-6-08 Mr. Md. Zafar Imam filed a power on behalf of the respondent but di......f this Court directs the respondent in that regard. It is accordingly, ordered. The short order is treated as part of this judgment.
Ed.
This Case is also Reported in: 61 DLR (HCD) (2009) 523.
...... schools required by the Ministry of Relief in connection with their school feeding programme for under-nourished children of the disaster areas. The writ petitioner also set up an industry on taking loan from the banks. Suddenly the government discontinued the programme consequent upon which, the w..
Category: Constitutional Law | Date: | Hits: 252
Arshad Hossain Haider and others Vs. Suza Uddoula and others, 2010, 39 CLC (AD)
....possessing the suit property he admitted the liability of his late father under the said bainapatra as he was an attesting witness of the same; that thereafter, on several occasions he received part of the balance consideration money from the plaintiffs by putting his signature on the back p......ooks is dispensed with as prayed for. The order of status-quo granted earlier by this Court shall continue till disposal of the appeal. Ed. This Case is also Reported in: VII ADC (2010) 846.......ooks is dispensed with as prayed for. The order of status-quo granted earlier by this Court shall continue till disposal of the appeal. Ed. This Case is also Reported in: VII ADC (2010) 846...Category: Property Law | Date: | Hits: 32
...., Dhaka while the Eastern Bank Ltd. has filed writ Petition No.6254 of 2008 against the aforesaid Sufia Re-Rolling & Steel Mills Ltd. and its managing director and other directors challenging the part of the decree passed on 17.1.1991 in Title Suit No.219 of 1987 of Subordinate Judge and Commerc......s of the case and the terms of the decree we do not find any merit in this leave petition.
Accordingly the leave petition is dismissed.
Ed.
This Case is also Reported in: VII ADC (2010) 819.......ssed in Money Execution Case No.3 of 1999 of the Artha Rin Adalat No.1, Dhaka. The said Title Suit No. 219 of 1987 against Sufia Re-Rolling & Steel Mills Ltd. and its directors for realiyation of loan and that suit was ultimately decreed for an amount of Tk.75,06,904.69 with interest at the rate..
Category: Civil Law | Date: | Hits: 75
Ismail Miah Vs. Bangladesh and others, 2009, 38 CLC (AD)
....land 0.63 acre, Dag No. 207, land 0.29 acre, Dag No. 209, land 0.26 acre, Dag No.210, land 0.61 acre, Dag No. 216, land 0.50 acre, Dag No. 213, land 0.23 acre, Dag No.215, land 0.25 acre, Dag No. 217 part, land 0.50 acre, Dag No.221, land 0,55 acre, Dag No.222, land 0.22 acre, Dag No. 223, land 0.13...... the above, we find no substance in the submissions of the learned Counsel for the petitioner. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: VII ADC (2010) 811....... the above, we find no substance in the submissions of the learned Counsel for the petitioner. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: VII ADC (2010) 811...Category: Property Law | Date: | Hits: 25
Rahmatullah (Md.) and others Vs. Sabana Islam and others, 2002, 31 CLC (HCD)
....he Assistant Judge, Court No.2 at Dhaka dated 25-7-93 in Act VIII Case No. 100 of 1989 in appointing the mother as guardian of the minor. 2. Short facts for disposal of the Rule are that, opposite party No.1 made an application before aforesaid Assistant Judge for an order for appointing her guar......med, Order of status quo as was directed at the time of issue of the Rule is hereby recalled and vacated. Send down the records at once. Ed. This Case is also Reported in: 54 DLR (2002) 519. ......described in the schedule ‘Ka’ and ‘Kha’ to the application. During his lifetime, he borrowed about Taka 16 lakh from the House Building and Finance Corporation and Bank, and obtained further loan of Taka 5/6 lakh from friends and relatives and built a five-storied house on ‘Ka’ schedule..Category: Family Law | Date: | Hits: 179
Abul Kalam Engineer and another Vs. M Nasiruddin Howlader and others, 2002, 31 CLC (HCD)
....passed by Joint District Judge, Court No. 3 at Chittagong in Other Suit No. 217 of 2001 granting temporary injunction restraining them from continuing a construction work. 2. On 29-8-2001 opposite party No.1 as plaintiff instituted the suit against the appellants and another for a decree of parti......aling but we are unable to appreciate, as the long-standing principles for partition of a multi-storied building are there to govern the case. Such a co-sharer can always be adequately compensated by payment of the proportionate value of his share encroached upon, as Mr. Bhuiyan rightly submitted. ......rged. Order of stay is recalled and vacated. Learned Joint District Judge is directed to take steps for disposal of the Suit. Communicate. Ed. This Case is also Reported in: 54 DLR (2002) 515...Category: Property Law | Date: | Hits: 33
Madinullah Miah Vs. Md. Abdul Mannan & another, 2001, 30 CLC (HCD)
....im, Advocate—For the Petitioner. Opposite Party No. 1—Appeared in person and represented himself. Civil Revision No. 4354 of 2001. Judgment AKM Shafiuddin J. - The dispute between the parties relates to a piece of land measuring 0.02¾ acres. It will be referred to, hereinafter, as t......reby set aside. The Miscellaneous Case No. 4 of 1997 of the Assistant Court, Hatia, Noakhali is dismissed. There will be no order as to cost. Ed. This Case is also Reported in: 54 DLR (2002) 507.......reby set aside. The Miscellaneous Case No. 4 of 1997 of the Assistant Court, Hatia, Noakhali is dismissed. There will be no order as to cost. Ed. This Case is also Reported in: 54 DLR (2002) 507...Category: Property Law | Date: | Hits: 37
.... liable to pay for any assessment to be assessed by defendant No. 1 on the basis of their submitted Import General Manifest.
7. By filing an affidavit-in-opposition on behalf of defendant opposite party No. 2 Mr. Morad Reza opposed the proposed amendment and submitted that defendant No. 2 was not......pendency of the suit."
22. In Amritlal N Shah Vs. Alla Annapuranamma, AIR 1959 Andhra Pradesh 9 in an appeal against a decree in a suit for arrears of rent and possession or in the alternative for payment of the balance of security deposit a Division Bench was of the view.
"It is now well-set......2000 is hereby recalled and vacated. Learned Subordinate Judge is directed to proceed with the suit in accordance with law.
Communicate.
Ed.
This Case is also Reported in: 55 DLR (2003) 166.
..
Category: Procedural Law | Date: | Hits: 60
Aumullaya Chandra Haldar Vs. Md. Mohsin Ali Mandal & others, 2002, 31 CLC (HCD)
....aya Chandra Haldar filed the aforesaid case on 31-10-1994 to have the case land measuring 21 decimals preempted which was transferred by his brother PW 2 Sarat Chandra Halder to the stranger opposite party No. 1 Mohsin Ali Mandal on 13-9-1994 by a registered kabala. The petitioner is a co-sharer in ......the date of agreement. In this respect, several witnesses including the scribe of the sale deed and bainapatra (OP W-6) and attesting witness of bainapatra (OPW 2) gave uncontroverted testimony about payment of Taka 40,000 as consideration of the transaction Both the courts below have found concurre......, as such, it should be maintained. In the result the Rule is discharged without any order as to cost. Communicate the order at once. Ed. This Case is also Reported in: 54 DLR (2002) 500. ..Category: Procedural Law | Date: | Hits: 75
....d to do so.
4. Respondent No. 2 examined two witnesses including the Writ petitioner who was PW 2. Respondent No. 5 was also examined as DW 1.
5. The learned Subordinate Judge after hearing the parties and on consideration of evidence, both oral and documentary, decreed the suit in part by the...... the Rule. Accordingly, the Rule is discharged and the order of stay granted at the time of issuance of the Rule is hereby vacated. No costs.
Ed.
This Case is also Reported in: 54 DLR (2002) 494....... brief, are; Respondent No. 2 filed Money Suit No.2 of 1989 for realisation of money, impleading respondent No. 5 as defendant. The case of respondent No. 2, in short, is that respondent No. 5 took a loan of Taka 25,000 but he failed to re-pay the said amount regularly as a result of which outstandi..
Category: Civil Law | Date: | Hits: 76
Saidur Rahman Vs. State, 2001, 30 CLC (HCD)
....n issued the notice and thereby no illegality has been committed in proceeding against the appellant for his willful violation of the direction of the Bureau of Anti- Corruption in not furnishing the particulars of his property in the prescribed form annexed therewith. 7. From the above submissio......26 of 1957) is thus set aside and the appellant be released from the bail bond. Send down the lower Court Record to the court concerned. Ed. This Case is also Reported in: 54 DLR (2002) 489. ......26 of 1957) is thus set aside and the appellant be released from the bail bond. Send down the lower Court Record to the court concerned. Ed. This Case is also Reported in: 54 DLR (2002) 489. ..Category: Criminal Law | Date: | Hits: 83
Government of the People's Republic of Bangladesh Vs. Md. Anowar Hossain, 2010, 39 CLC (AD)
.... aside and the dismissal of the writ petitioner from service is declared to have been passed by a competent authority in accordance with law. This Case is also Reported in: 15 MLR (AD) (2010) 515. ...... aside and the dismissal of the writ petitioner from service is declared to have been passed by a competent authority in accordance with law. This Case is also Reported in: 15 MLR (AD) (2010) 515. ...... aside and the dismissal of the writ petitioner from service is declared to have been passed by a competent authority in accordance with law. This Case is also Reported in: 15 MLR (AD) (2010) 515. ..Category: Employment/Service Law | Date: | Hits: 80
Mohar Ali Bhuiyan Vs. Michir Ali Bhuiyan and others, 2010, 39 CLC (AD)
....nd defendant No.1 namely late Rostam Ali Bhtiiyan. Their father died leaving 2 sons namely the plaintiff and the defendant No.1 and 4 daughters namely Rahela, Rabiya, Sufia and Achiya, Their father, apart from suit plot No.325 measuring .61 acres of land was also owner of plot No.179 measuring .18 a......se of misreading or non-consideration of evidence was made out. We find no substance in this petition which is accordingly dismissed. Ed. This Case is also Reported in: 15 MLR (AD) (2010) 500.......se of misreading or non-consideration of evidence was made out. We find no substance in this petition which is accordingly dismissed. Ed. This Case is also Reported in: 15 MLR (AD) (2010) 500...Category: Property Law | Date: | Hits: 20
Nasiruddin Khan Vs. Forhad Hossain Bhuiyan, 2009, 38 CLC (AD)
....the above, we find no substance in the submissions of the learned Counsel for the petitioners. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: VII ADC (2010) 707.......dent witnesses and the witnesses produced in the Court below are the relatives and nearest and dearest persons of the plaintiff and the plaintiff also failed to show any kind of receipt showing any payment of TK. 50,000 (fifty thousand) to the defendant. The learned Advocate also submitted that ......the above, we find no substance in the submissions of the learned Counsel for the petitioners. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: VII ADC (2010) 707...Category: Property Law | Date: | Hits: 42
Altab Ali Vs. Rupjan Bibi and others, 2010, 39 CLC (AD)
....Munsif Comilla Sadar and that suit was decreed on contest on 01.04.1936 giving rise to Title Execution Case No. 659 of 1936 in which Charag Ali auction purchased the suit land which is the southern part of the suit C.S. Plot No.95 and auction sale was confirmed on 07.01.1937 followed by delivery...... preparation of paper books is dispensed with as prayed for. The order of stay granted earlier is extended till disposal of the appeal. Ed. This Case is also Reported in: VII ADC (2010) 651....... preparation of paper books is dispensed with as prayed for. The order of stay granted earlier is extended till disposal of the appeal. Ed. This Case is also Reported in: VII ADC (2010) 651...Category: Property Law | Date: | Hits: 30
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