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Sattyendra Sutradhar Vs. Md. Zillu Miah and others, 2012, 41 CLC (AD)

....preme Court Appellate Division (Civil) Present: Md. Muzammel Hossain CJ Surendra Kumar Sinha J Md. Abdul Wahhab Miah J Nazmun Ara Sultana J Syed Mahmud Hossain J Muhammad Imman Ali J Md. Shamsul Huda J Sattyendra Sutradhar.............................................- is to be deposit­ed within 1 (one) month. The petitioner is permitted to prepare the paper book out of Court in accordance with Rules. Ed. This Case is also Reported in: 9 ADC (2012) 386. ...... instructed by Nurul Islam Bhuiyan, Advocate-on-Record—For Respondent No.1. Respondent Nos.2-3—Not represented. Civil Petition for Leave to Appeal No.1350 of 2009. (From the judgment and order dated 18.03.2009 passed by the High Court Division in Civil Revision No.4273 of 1997.) Orde......- is to be deposit­ed within 1 (one) month. The petitioner is permitted to prepare the paper book out of Court in accordance with Rules. Ed. This Case is also Reported in: 9 ADC (2012) 386. ..

Category: Property Law | Date: | Hits: 93

Government of Bangladesh and others Vs. G. M. M. Mizanuar Rahman Bhuiyan and others, 2011, 40 CLC (AD)

....preme Court Appellate Division (Civil) Present: Md. Muzammel Hossain CJ Surendra Kumar Sinha J Md. Abdul Wahhab Miah J Nazmun Ara Sultana J Syed Mahmud Hossain J Muhammad Imman Ali J Muhammad Mamtaz Uddin Ahmed J Md. Shamsul Huda J Government of Bangladesh,...... file con­cise statement within 6(six) weeks and 1(one) week thereafter the respondent shall file concise statement to make the appeal ready. Ed. This Case is also Reported in: 9 ADC (2012) 381....... Syed Mahbubar Rahman, Advocate-on-record—For the Respondents (In Civil Petition No.1798 of 2010). Civil Petition for Leave to Appeal Nos.1488-1490 with 1798 of 2010. (From the judgment and order dated 23.08.2009 passed by the High Court Division in Writ Petition Nos.8289 of 2008, 9585 of ...... file con­cise statement within 6(six) weeks and 1(one) week thereafter the respondent shall file concise statement to make the appeal ready. Ed. This Case is also Reported in: 9 ADC (2012) 381...

Category: Employment/Service Law | Date: | Hits: 133

Sona Miah and others Vs. Abed Ali and others, 2012, 41 CLC (AD)

....preme Court Appellate Division (Civil) Present: Md. Muzammel Hossain CJ Surendra Kumar Sinha J Md. Abdul Wahhab Miah J Nazmun Ara Sultana J Syed Mahmud Hossain J Muhammad Imman Ali J Md. Shamsul Huda J Sona Miah and others............................................. final decree of the partition suit has not been passed. This civil petition for leave to appeal be disposed of with the above observation. Ed. This Case is also Reported in: 9 ADC (2012) 377.......dvocate-on-Record —For Respondent Nos.118, 119 and 228. Respondent Nos.1-117, 120-223 and 229 —Not represented. Civil Petition for Leave to Appeal No.1849 of 2010. (From the judgment and order dated 10.02.2010 passed by the High Court Division in Civil Revision No.4219 of 2000.) Judg...... final decree of the partition suit has not been passed. This civil petition for leave to appeal be disposed of with the above observation. Ed. This Case is also Reported in: 9 ADC (2012) 377...

Category: Property Law | Date: | Hits: 84

Md. Hanifuddin and another Vs. Abdul Mannan and others, 2012, 41 CLC (AD)

....ted in: 9 ADC (2012) 372.......Court in accor­dance with Rules. The parties are directed to maintain status-quo in respect of the suit land till disposal of the appeals. Ed. This Case is also Reported in: 9 ADC (2012) 372.......sented (In Civil Petition Nos. 2512 & 2514). Respondents—Not represented (In Civil Petition No. 2513). Civil Petition tor Leave to Appeal Nos.2512-2514 of 2009. (From the judgment and order dated 19.07.2009 passed by the High Court Division in Civil Revision Nos.1499 of 2004, 2316 of......Court in accor­dance with Rules. The parties are directed to maintain status-quo in respect of the suit land till disposal of the appeals. Ed. This Case is also Reported in: 9 ADC (2012) 372...

Category: Property Law | Date: | Hits: 68

Bangladesh Sugar and Food Industries Corporation and others Vs. Md. Shamsuddin Sheikh, 2011, 40 CLC (AD)

.... Division (Civil) Present: ABM Khairul Haque CJ Md. Muzammel Hossain J Surendra Kumar Sinha J Md. Abdul Wahhah Miah J Nazmun Ara Sultana J Syed Mahmud Hossain J Muhammad Imman Ali J Bangladesh Sugar and Food Industries Corporation and others....................Pet...... judgment and order dated 20.05.2010 passed by the High Court Division in Writ Petition No.6790 of 2005 be stayed till disposal of the appeal. Ed. This Case is also Reported in: 9 ADC (2012) 368........M. Shahidul Huq, Advocate-on-Record—For the petitioners. Md. Nawab Ali, Advocate-on-Record—For the Respondent. Civil Petition for Leave to Appeal No.1675 of 2010. (From the judgment and order dated 20.05.2010 passed by the High Court Division in Writ Petition No.6790 of 2005) Order ...... judgment and order dated 20.05.2010 passed by the High Court Division in Writ Petition No.6790 of 2005 be stayed till disposal of the appeal. Ed. This Case is also Reported in: 9 ADC (2012) 368...

Category: Employment/Service Law | Date: | Hits: 180

Bangladesh Bank and another Vs. Sukamal Sinha Choudhury and another, 2011, 40 CLC (AD)

....ed in: 9 ADC (2012) 218.......lated vide the impugned circular No.10 dated 30.04.2005. 4. Being aggrieved by the impugned circu­lar No.10 dated 30.04.2005 the petitioner filed the writ petition and obtained rule along with an interim direction on the respondents to keep one post of General Manager vacant for a period of 3 (t......the Petitioners. Aminuddin, Advocate instructed by Chowdhury Md. Zahangir, Advocate-on-Record—For the Respondents. Civil Petition for Leave to Appeal No. 58 of 2011. (From the judgment and order dated 02.06.2010 passed by the High Court Division in Writ Petition No.530 of 2009.) Order ......ted earlier be extended till disposal of the appeal. This interim order shall not effect in any way retirement benefit of the respon­dent. Ed. This Case is also Reported in: 9 ADC (2012) 218...

Category: Employment/Service Law | Date: | Hits: 211

Nur Mohammad Bhuiyan and others Vs. Aysha Khatoon and others, 2011, 40 CLC (HCD)

....Send down the lower Courts’ records. Ed. This Case is also Reported in: ......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: ......petitioners’ predecessor-in-interest Shahidullah Bhuiyan instituted Title Suit No. 51 of 1983 in the First Court of Munsif, Chandpur for redemption of his mortgaged property with a declaration that order dated 9.12.1982 passed by the Circle Officer (Revenue) of Chandpur in Miscellaneous Case No. 5......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: ..

Category: Property Law | Date: | Hits: 87

Md. Hanif Talukder and others Vs. Paschim Kawniya Khan Bari Jame Masjid and others, 2011, 40 CLC (HCD)

........................................ Petitioners Vs. Paschim Kawniya Khan Bari Jame Masjid and others ............. Opposite Parties Judgment November 29, 2011. Result: The Rule is made absolute. Lawyers Involved: Tushar Kanti Roy, Advocate - for the petitioners. Md. Mubar...... the reason that the suit was fixed for delivery of judgment. Challenging the said order of rejection, the petitioners moved in this Court with the instant Civil Revision, obtained the Rule and an ad interim order staying all further proceedings in the suit. 3. Mr. Tushar Kanti Roy, learned Advoc......ocate - for opposite party No.17. Civil Revision No. 3922 of 2010. Judgment Md. Ruhul Quddus J. - This Rule, at the instance of third party-petitioners, was issued to examine the legality of order dated 22.9.2010 passed by the Joint District Judge, First Court, Barisal in Title Suit No. 33 ......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: ..

Category: Procedural Law | Date: | Hits: 77

Shahidullah Shaik and others Vs. Atahar Shaik and others, 2011, 40 CLC (HCD)

.... on 15.5.1993 in the Court of Senior Assistant Judge, Moksedpur, Gopalgonj for partition of their ejamali land as described in the schedule of the plaint. The defendants (herein petitioner Nos. 1-3) had appeared in the suit and took time for filling written statement. As they failed to submit any wr......ed District Judge, Gopalgonj dismissed by his judgment and order dated 11.1.1999. The petitioners moved in this Court against the said judgment and order dated 11.1.1999, obtained the Rule with an ad-interim order of stay. 6. Mr. S. M. Moonir, learned Advocate appearing for the petitioners submit......te 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 in Miscellaneous Appeal No. 24 of 1998...... 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)

.... (Civil Revisional Jurisdiction) Present: Md. Ruhul Quddus J Sree Binoy Krisna Saha and others...........................................Petitioners Vs. Sree Reboti Mohon Saha being dead his legal heirs Sree Rathindra Mohan Saha and others ...Opposite Parties Judgment November ......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: ...... way of inheritance, and if so, to what extent, (7) whether the plaintiffs were entitled to a declaration of title and decree for partition, and (8) what other reliefs they were entitled to. 5. In order to prove their case, the plaintiffs examined six witnesses including plaintiff No.1 and adduce......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: ..

Category: Property Law | Date: | Hits: 66

National Board of Revenue and others Vs. Mustafizur Rahman, 2003, 22 CLC (AD)

....atter, the appeal is allowed without any order as to costs. Ed. This Case is also Reported in: ...... judgment with reference to the relevant provisions of the concerned SRO. In view of the above matter, the appeal is allowed without any order as to costs. Ed. This Case is also Reported in: ......ocate-on-Record-For the Appellant Nitai Roy Chowdhury, Advocate, instructed by Mvi. Md. Wahidullah, Advocate-on-Record- For the Respondent. Civil Appeal No.214 of 2000 (From the judgment and order dated 3rd November 1999 passed by the High Court Division in Writ Petition No.3453 of 1998). ...... judgment with reference to the relevant provisions of the concerned SRO. In view of the above matter, the appeal is allowed without any order as to costs. Ed. This Case is also Reported in: ..

Category: Fiscal/Taxation Law | Date: | Hits: 140

Government of Bangladesh and others Vs. Md. Salim Reza, 2003, 22 CLC (AD)

....peal 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: ......-Record-For the Appellants. Abdul Wadud Bhuiyan, Senior Advocate, instructed by A.S.M. Khalequzzaman, Advocate-on-Record-For Respondent. Civil Appeal No. 206 of 2000. (From the judgment and order dated 7th May 2000 passed by the High Court Division in Writ Petition No.4753 of 1999). Ju......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: ..

Category: Employment/Service Law | Date: | Hits: 155

M/S. G. K. Brothers and another Vs. M/S. Imperial Chemical Industries Bangladesh Limited, 2011, 40 CLC (HCD)

....: Shahidul Islam J Rais Uddin J M/S. G. K. Brothers and another…………………………………………Principal-Defendant-Appellants Vs. M/S. Imperial Chemical Industries Bangladesh Limited………………Plaintiff-Respondent Judgment March 20, 2011. Result: The......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: ...... 18.03.1984 (exhibit-‘kha’). Thereafter the present plaintiff preferred civil petition for Leave to Appeal No. 274 of 1984 before the Appellate Division and that was dismissed by the judgment and order dated 28.02.1985 vide exhibit ‘Gha’. The Appellate Division directed the present appellant......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: ..

Category: Property Law | Date: | Hits: 113

Mst. Samrun Bibi alias Shaharan Bibi and others Vs. Md. Habibur Rahman and others, 2011, 40 CLC (HCD)

....thers ...................... Petitioners Vs. Md. Habibur Rahman and others ........................................ Opposite Parties Judgment November 30, 2011. Result: The Rule is made absolute. Case referred to- Abul Kalam Azad and another Vs. Sunhar Ali and others, 46 DLR ......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: ......ocate - for opposite party No.1. Civil Revision No. 734 of 2011 Judgment Md. Ruhul Quddus J. - This Rule, at the instance of the substituted defendants, was issued to examine the legality of order dated 7.2.2011 passed by the Joint District Judge, Second Court, Dhaka in Title Suit No. 36 of......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: ..

Category: Property Law | Date: | Hits: 67

Sree Nitta Nando Dey and others Vs. Nogendra Krishna Kundu and another, 2011, 40 CLC (HCD)

.... Courts’ records. Ed. This Case is also Reported in: ......nd Court, Munshiganj in Title Appeal No. 119 of 1994 are hereby set aside and those of the trial Court are restored. Send down the lower Courts’ records. Ed. This Case is also Reported in: ......ut and out sale deed on the basis of the bainapatra dated 2.4.1990; whether the plaintiff was entitled to get a decree as prayed for, and what other relief he was entitled to. 6. The plaintiff, in order to prove his case, examined six witnesses and adduced in evidence the alleged sale agreement a......nd Court, Munshiganj in Title Appeal No. 119 of 1994 are hereby set aside and those of the trial Court are restored. Send down the lower Courts’ records. Ed. This Case is also Reported in: ..

Category: Property Law | Date: | Hits: 76

S. M. Basiruddin Vs. Zahurul Islam Chow­dhury and another, 1982, 11 CLC (AD)

....or pre-emption is dismissed. Ed. This Case is also Reported in: 35 DLR (AD) (1983) 230. ......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. ......r the Appellant. M.H. Khondker, Senior Advocate, Supreme Court, instructed by S.R. Karmakar, Advocate on Record - For the Respondent No.1. Civil Appeal No.58 of 1982. (From the judgment and order date 25-3-82 passed by the High Court Division in Civil Revision Case No.358 of 1980.) Judg......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. ..

Category: Property Law | Date: | Hits: 85

Syed Selim Ahmed Vs. Apparel World (Pvt.) Ltd. and another, 2011, 40 CLC (HCD)

....eous Appeal as well as the connected Civil Rule, in brief, are that respondent No.1 instituted Money Suit No. 21 of 1997 in the third Court of Subordinate Judge (now Joint District Judge), Dhaka impleading the appellant and another as defendants for a money decree of Taka 1,18,30,180/- (one crore ei......ee for so long period. We do not find any merit in the instant first miscellaneous appeal. In the result, the First Miscellaneous Appeal is dismissed 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......f 2002 with Civil Rule No. 9 (F.M.) of 2003. Judgment Md. Ruhul Quddus J. - This First Miscellaneous Appeal at the instance of a judgment debtor in an ex parte money decree is directed against order dated 10.7.2002 passed by the Joint District Judge, third Court, Dhaka in Miscellaneous Case N......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: ..

Category: Civil Law | Date: | Hits: 119

Wali Ullah Vs. Shaheda Begum and others, 2011, 40 CLC (HCD)

....ereby affirming order dated 21.3.1991 passed by the Sub-Ordinate Judge, Second Commercial Court, Dhaka in Title Suit No. 243 of 1989. By the said order dated 21.3.1991 the learned Sub-ordinate Judge had allowed an application under Order XL rule 1 of the Code of Civil Procedure for appointment of a ......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: ......9. 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 Miscellaneous Appeal No. 58 ......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: ..

Category: Civil Law | Date: | Hits: 130

Nurul Islam and others Vs. Arif Ullah and others, 2012, 41 CLC (HCD)

...., in brief, is that they are the owners-in-possession of the suit land measuring 1.49 acres which consist of a tank and its bank. They possess the suit land by rearing fishes in the tank and growing paddy on its bank. Out of the said 1.49 acres of land, they purchased 1.22 acres from Bibekananda Kar......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: ......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, Habiganj in Miscellaneous Appeal No. 60 of 19......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)

....ndra Sen and others................Opposite Parties Judgment March 7, 2012. Result: The Rule is discharged. Lawyers Involved: Nahid Yeasmin, Advocate - for the petitioners. Mohammad Abdullah, Advocate - for opposite party Nos.1-2. Civil Revision No. 3832 of 2003. Judgment ......t the learned Additional District Judge committed any error of law in affirming the order of temporary injunction. The Rule thus merits no consideration. Accordingly the Rule is discharged. The ad interim order of status quo passed earlier at the time of issuance of the Rule is vacated. Communica......ty 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, Sherpur in Miscellaneous Appeal No.33...... 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