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Wali Ahmed Bhuiyan Vs. Dr. Jahangir Hossain Bhuiyan, 2004, 33 CLC (AD)
....h Court Division of the kind calling for interference by this Division, the petition lacks merit. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: ......he Premises Rent Control Act, 1991 (III of 1991), Section 10 The contention of bonafide requirement of the premises for use of the owner should have to be substantiated by disinterested and reliable witness. Lawyers involved: Khondker Mahbubuddin Ahmed, Senior Advocat......h Court Division of the kind calling for interference by this Division, the petition lacks merit. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: ......e Rule obtained against the judgment and order dated July 5, 1995 of the Court of Senior, Assistant Judge, Sadar Comilla, in Small Cause Court Suit‑No.6 of 1992 dismissing the same. 2. The plaintiff filed the aforesaid Small Cause Court Suit seeking ejectment of the defendant‑respondent..Category: Civil Law | Date: 11 Feb, 2004 | Hits: 209
Mirpur Mazar Co-Operative Market Society Ltd. Vs. Capital Tower (Pvt) Ltd & Ors., 2006, 35 CLC (AD)
....mode of allotment of the plot in question. 12. In view of the discussions made herein over we find no substance in the petition. Accordingly, the petition is dismissed. Ed. ......Advocate-on-Record— For the Respondent No, 6. Mvi Md Wahidullah, Advocate-on-Record—For Respondent Nos. 1-5. Civil Review Petition No. 127 of 2003. (From the Judgment and Order dated August 18, 2003 passed by the Appellate Division in Civil Appeal No. 50 of 2000).&nb......mode of allotment of the plot in question. 12. In view of the discussions made herein over we find no substance in the petition. Accordingly, the petition is dismissed. Ed. ...... Md. Ruhul Amin J: The plaintiff-petitioner has filed this petition seeking review of the judgment dated August 18, 2003 pa..Category: Property Law | Date: 18 Jan, 2004 | Hits: 86
A & E Products Group LP and others Vs. Md. Mohiuddin Ahmed and others, 2003, 32 CLC (AD)
....respondents. In that view of the above, we do not find any substance in the submissions of the learned Counsel for the petitioners. The petition is dismissed. Ed.This Case is also Reported in:......Reported in:......respondents. In that view of the above, we do not find any substance in the submissions of the learned Counsel for the petitioners. The petition is dismissed. Ed.This Case is also Reported in:......aman, Advocate‑on‑Record ‑ For Respondent No. 1 Not represented ‑ Respondent Nos.2‑5. Civil Petition for leave to Appeal No.1521 of 2003. Judgment Md. Fazlul Karim J. - The plaintiff-petitioners seek leave to appeal against the impugned judgment and order of the High Court..Category: Intellectual Property Law | Date: 14 Dec, 2003 | Hits: 264
....r interference with the impugned judgment of the High Court Division and consequently, this appeal is dismissed with costs of a Senior counsel in all stages.
Ed.
This Case is also Reported in:
......
Supreme Court
Appellate Division
(Civil)
Present:
Md. Ruhul Amin J
MM Ruhul Amin J
Syed JR Mudassir Husain J
Kadamtala Purba Basaboo Uchcha Bidalaya and others the same..............Appellants
Vs.
Hasna Hena Sarker @ Hasna Heba Sarker & or......r interference with the impugned judgment of the High Court Division and consequently, this appeal is dismissed with costs of a Senior counsel in all stages.
Ed.
This Case is also Reported in:
...... Title Appeal No. 121 of 1999 reversing the judgment and decree dated 82-1999 passed by the learned Assistant Judge, Dohar Court, Dhaka in Title Suit No. 27 of 1998 dismissing the same.
2. The plaintiff respondent instituted aforesaid title Suit for a declaration that the letter No. 75/1992 d..
Category: Civil Law | Date: 8 Dec, 2003 | Hits: 209
Abul Bashar and ors. Vs. Prafulla Kumar Das & ors., 2004, 33 CLC (AD)
....Division could not be pointed out calling for interference by this Division, the petition is dismissed with cost. The cost is assessed fee of one day hearing of a Senior Counsel. Ed. ...... Ed. ......Division could not be pointed out calling for interference by this Division, the petition is dismissed with cost. The cost is assessed fee of one day hearing of a Senior Counsel. Ed. ......cution Case. The Execution case was filed pursuant to final decree dated 31‑8‑1998 passed in a suit for partition Title Suit No. 8 of 1959 (Title Suit No. 28 of 1987). 2. The plaintiff‑petitioners have filed the Title Suit No. 96 of 1997 seeking declaration that the de..Category: Property Law | Date: 2 Nov, 2003 | Hits: 96
Smart Apparels (Pvt.) Ltd. Vs. Hanvit Bank Kuni Bong Branch and ors., 2005, 34 CLC (AD)
....ces, we direct the trial Court to dispose of the temporary injunction matter within 4 weeks from the date of receipt of this order. The petition is dismissed. Ed. ...... Fazlul Karim J Md. Hamidul Haque J Md. Tafazzul Islam J Smart Apparels (Pvt.) Ltd….. ................Petitioner Vs. Hanvit Bank Kuni Bong Branch and ors………..Respondents Judgment November 2, 2003. ......ces, we direct the trial Court to dispose of the temporary injunction matter within 4 weeks from the date of receipt of this order. The petition is dismissed. Ed. ......rt Division in FMA No. 234 of 2003). Judgment Md. Fazlul Karim J.- The plaintiff‑petitioner seeks leave to appeal. against the judgment and order dated 27‑7&#..Category: Business or Commercial Law | Date: 2 Nov, 2003 | Hits: 783
Govt. of BD. Rep. by Adnl. DC Vs. AKM Abdul Hye & ors., 2004, 33 CLC (AD)
....; 15. In view of our discussions made hereinabove we find no merit in this appeal. Accordingly the appeal is dismissed. There is no order as to costs. Ed. ......Amin J Syed JR Mudassir Husain J MM Ruhul Amin J Government of Bangladesh, represented by the Additional Deputy Commissioner...... Appellant Vs. AKM Abdul Hye and ors.............Respondents Judgment October 29, 2003. The Limitati......; 15. In view of our discussions made hereinabove we find no merit in this appeal. Accordingly the appeal is dismissed. There is no order as to costs. Ed. ......l as well as name of Ganesh Chandra Mondal, son of late Joy Gopal Mondal have been wrongly recorded in the finally published SA record of rights as well as in the RS record along with the names of plaintiffs vendor Krishna Mondal and others and the land in suit has been wrongly recorded in the R..Category: Property Law | Date: 29 Oct, 2003 | Hits: 1038
Amir Hossain Vs. Md. Amir Ali and another, 2003, 32 CLC (AD)
....tered through the Court. In case of default by the appellant to pay the above amount as directed, the appeals shall stand dismissed. Ed. This Case is also Reported in: II ADC (2005) 38. ...... Present: Mohammad Fazlul Karim J Md. Hamidul Haque J Md. Tafazzul Islam J Amir Hossain……………................Appellant (In both the cases) Vs. Md. Amir Ali and another....................Respondents (In both the cases) Judgment October 20, 2003.......tered through the Court. In case of default by the appellant to pay the above amount as directed, the appeals shall stand dismissed. Ed. This Case is also Reported in: II ADC (2005) 38. ......7 of 1986 and the plaint filed in Title Suit No. 112 of 1988 has submitted that there was no allegation of any fraudulent misrepresentation regarding delivery of possession in favour of the appellant plaintiff. 5. We have considered the arguments advanced by the learned counsel and perused the..Category: Contract Law | Date: 20 Oct, 2003 | Hits: 256
General Manager, Bangladesh Bank Vs. Saiyed Shahidul Haque and others, 2003, 32 CLC (HCD)
....se we direct that parties shall bear their respective costs of litigation. Lower Court's Record be sent down as early as possible. Ed. This Case is also Reported in: 13 MLR (HCD) (2008) 161. ......vil) Present: AK Badrul Huq J Md. Abu Tariq J General Manager, Bangladesh Bank, Dhaka Office, Motijheel Commercial Area, Dhaka………………..Appellant Vs. Saiyed Shahidul Haque and others…………………Respondents Judgment August 23, 2003. Result: The appeal......se we direct that parties shall bear their respective costs of litigation. Lower Court's Record be sent down as early as possible. Ed. This Case is also Reported in: 13 MLR (HCD) (2008) 161. ......and an apt paradigm how blood of one organ of Government could be sucked by another unit of the said Government. 2. In challenge of a Judgment dated August 16, 1998 followed by a decree dismissing plaintiffs suit for a declaration of title and, also, for a decree of permanent injunction Plaintiff..Category: Property Law | Date: 23 Aug, 2003 | Hits: 35
DU rep. by its VC Vs. Associated Engineering & Drillers, 2004, 33 CLC (AD)
....sts. The respondents are entitled to realise an amount of Taka 30,35,312 for which the execution case can proceed if the appellant fails to deposit the amount within 15 days from the date. Ed. ......; .......Appellant Vs. Associated Engineering and Drillers ...............Respondent Judgment August 20, 2003. The Code of......sts. The respondents are entitled to realise an amount of Taka 30,35,312 for which the execution case can proceed if the appellant fails to deposit the amount within 15 days from the date. Ed. ......cordingly, started construction and also received payment. Ultimately, the respondent submitted a bill of Taka 1,37,66,309.47 which was disputed by the appellant. Thereafter, the respondent as plaintiff filed Title Suit No. 1316 of 1992 in the Court of Subordinate Judge and Commercial Court..Category: Civil Law | Date: 20 Aug, 2003 | Hits: 291
Capital Tower Ltd. Vs. Mirpur Mazar Co operative Market Society Ltd. & ors, 2004, 33 CLC (AD)
....previously numbered as Title Suit No. 92 of 1993 of the 1st Court of Assistant Judge, Dhaka) is set aside and the suit is dismissed. There is no order as to costs. Ed. ...... Md. Ruhul Amin J AS Ahammed J MM Ruhul Amin J Capital Tower Limited................... Appellant Vs. Mirpur Mazar Co‑operative Market Society Limited and others ...........Respondents Judgment &n......previously numbered as Title Suit No. 92 of 1993 of the 1st Court of Assistant Judge, Dhaka) is set aside and the suit is dismissed. There is no order as to costs. Ed. ......me in part. (The suit initially was registered as Title Suit No. 92 of 1993 in tile 1st Court of Assistant Judge, Dhaka and the same was transferred to the High Court Division oil a petition of the plaintiff filed under Article 110 of the Constitution). 2. Plaintiff, a registered Co&..Category: Property Law | Date: 18 Aug, 2003 | Hits: 216
Debendra Kumar Saha & another Vs. Uttara Bank Ltd, 2003, 32 CLC (HCD)
....no substance in both these Rules. In the result, both the Rules are discharged. No cost, Send down the lower Court records. Ed. This Case is also Reported in: 57 DLR (2005) 253. ......ed of agreement, the Court cannot but finds the defendants are tenants at will terminable by notice of 15 days. The principle of terminating tenancy rests primarily on two conditions-one is defaulter and another is bonafide requirement. Existence of any one of these two conditions is suffice to ejec......no substance in both these Rules. In the result, both the Rules are discharged. No cost, Send down the lower Court records. Ed. This Case is also Reported in: 57 DLR (2005) 253. ......nt. From their own averments the defendants are habitual defaulters for not paying rents for the year 1385‑1386 BS. The Court of appeal below further found that the suit premises is required by the plaintiff-Bank for installing a branch at the suit premises………….(15) ..Category: Tenancy Law | Date: 12 Aug, 2003 | Hits: 3
Loretto represented by Nasreen Rahman, Principal Vs. Nasreen Sobhan and another, 2003, 32 CLC (HCD)
..... In the result this appeal is dismissed without any order as to costs and the impugned judgment and decree are affirmed. Ed. This Case is also Reported in: 55 DLR (HCD) (2003) 581. ......on) Present: Md. Abdul Matin J Afzal Hossain Ahmed J Loretto represented by Nasreen Rahman, Principal……………Appellant Vs. Nasreen Sobhan and another……………………………&....... In the result this appeal is dismissed without any order as to costs and the impugned judgment and decree are affirmed. Ed. This Case is also Reported in: 55 DLR (HCD) (2003) 581. ......fendant is directed against the judgment and decree dated 30‑9‑2003 passed by the joint District Judge, 3rd Court, Dhaka in Title Suit No.12 of 1999 decreeing the suit. 2. The respondents as plaintiffs instituted Title Suit No.12 of 1999 in the 3rd Court of Joint District Judge, Dhaka for e..Category: Tenancy Law | Date: 4 Aug, 2003 | Hits: 171
Abdul Kader Rabbani and others Vs. Ebaruddin and others, 2003,32 CLC (HCD)
....ance with law and in the light of the observation made in the body of the judgment. Send down the LC record at once. Ed. This Case is also Reported in: 57 DLR (2005) 307. ......his Case is also Reported in: 57 DLR (2005) 307. ......ance with law and in the light of the observation made in the body of the judgment. Send down the LC record at once. Ed. This Case is also Reported in: 57 DLR (2005) 307. ......rder or orders passed as to this Court may seem fit and proper. 2. The case of the petitioners, in short, is that the predecessor-in-interest of the petitioners and opposite party Nos.14‑28 as plaintiffs instituted Title Suit No.96 of 1956 in the Court of Subordinate Judge, (now Joint Distric..Category: Civil Law | Date: 1 Jul, 2003 | Hits: 4
Begum Lutfunnessa Vs. Md. Shafiullah and others, 2003, 32 CLC (AD)
....of Subordinate Judge, Commercial Court No. 2, Dhaka. Accordingly, the appeal is dismissed. There is no order as to costs. Ed. This Case is also Reported in: 55 DLR (AD) (2003) 102. ......me Court Appellate Division (Civil) Present: Md. Ruhul Amin J KM Hasan J Md. Fazlul Hoque J Begum Lutfunnessa……………… Appellant Vs. Md. Shafiullah and others………………Respondents Judgment May 18, 2003. Result: The appeal is......of Subordinate Judge, Commercial Court No. 2, Dhaka. Accordingly, the appeal is dismissed. There is no order as to costs. Ed. This Case is also Reported in: 55 DLR (AD) (2003) 102. ......and decree dated September 13, 1986 of the 1st Court of Subordinate Judge, Dhaka in Title Suit No. 50 of 1984 dismissing the same with direction to the defendant No. 1 to refund Taka 12,00,000 to the plaintiff and the defendant No. 3. 2. The suit was for specific performance of an agreement to s..Category: Civil Law | Date: 18 May, 2003 | Hits: 202
Jahanara Begum and others Vs. Hazera Khatun, 2003, 32 CLC (AD)
.... not sustainable in law and the same is accordingly set aside. In the result the appeals are allowed but without any order as to costs. Ed. This Case is also Reported in: ......e Division (Civil) Present: Mainur Reza Chowdhury CJ Mohammad Fazlul Karim J Abu Sayeed Ahammed J Jahanara Begum being dead his heirs: Sheikh Shahnaz Begum and others ..........Appellants (In Civil Appeal No.438 of 2001) Kazi Ashrafuddin Ahmed.............. not sustainable in law and the same is accordingly set aside. In the result the appeals are allowed but without any order as to costs. Ed. This Case is also Reported in: ......nd order passed by the High Court Division in Civil Revision No. 1967 of 1999. 2. The facts relevant for disposal of these appeals are that appellant in Civil Appeal No. 438 of 2001 as the plaintiff instituted Title Suit No. 27 of 1976 in the 3rd Court of Subordinate Judge, Dhaka fo..Category: Contract Law | Date: 12 May, 2003 | Hits: 251
Sazzadul Haque Liku (Md.) and others Vs. Sarder Anwar Hossain, 2003, 32 CLC (HCD)
....for his personal interest and gain managed to fix fencing by his own money with a malafide intention to show to the Court that the report of defendant No.2 is false. There would be no problem for the ingress and the outgress of the voters if the polling stations are set up at said Noldanga and Panch...... Ed. This Case is also Reported in: 57 DLR (2005) 273. ......his Rule is made absolute. The impugned judgment and order is set aside and the plaint is rejected. No order as to costs. Ed. This Case is also Reported in: 57 DLR (2005) 273. ......Suit No.3 of 2003 granting temporary injunction shall not be set aside and or pass such other order or further order or orders as to this Court may seem fit and proper. 2. Opposite Party No.1 as plaintiff filed Title Suite No.3 of 2003 in the Court of Assistant Judge, Kalia, Narail against the ..Category: Civil Law, Election Law | Date: 24 Mar, 2003 | Hits: 2
Salema Khatun Vs. Matiur Rahman, 2003, 32 CLC (HCD)
....e of the rule is vacated. In the facts of the case, I do not make any order as to costs. Send down the lower Court record. Ed. This Case is also Reported in: 13 MLR (HCD) (2008) 339. ...... For the petitioner. Md. Haroon Ar Rashid, Advocate-For the Opposite party. Civil Revision No.1447 of 2001. Judgment Bijan Kumar Das J.-This rule is directed against the judgment and order dated 29.1.2001 passed by the 3rd Court of the senior Assistant judge and S.C.C. Judge, Dh......e of the rule is vacated. In the facts of the case, I do not make any order as to costs. Send down the lower Court record. Ed. This Case is also Reported in: 13 MLR (HCD) (2008) 339. ......ule is directed against the judgment and order dated 29.1.2001 passed by the 3rd Court of the senior Assistant judge and S.C.C. Judge, Dhaka in S.C.C. Suit No.15 of 2000. 2.The Opposite party as plaintiff instituted S.C.C Suit No.15 of 2000 in the 3rd Court of the Senior Assistant Judge and S.C..Category: Tenancy Law | Date: 8 Feb, 2003 | Hits: 61
Nasima Akhter Vs. Md. Siraj Miah and other, 2003, 32 CLC (AD)
....fers from no illegality and/or infirmity and we are not inclined to interfere with the same. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: 57 DLR (AD) (2005) 38. ......AD) (2005) 38. ......fers from no illegality and/or infirmity and we are not inclined to interfere with the same. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: 57 DLR (AD) (2005) 38. ......judgment and decree dated 24‑3‑1992, passed by the learned Subordinate Judge, Additional Court, Narayanganj in Title Suit, No. 40 of 1991 dismissing the suit. 2. The present respondent No.1 as plaintiff filed Title Suit No. 30 of 1989 in the Court of Subordinate Judge Narayanganj against the ..Category: Property Law | Date: 4 Feb, 2003 | Hits: 147
Islami Bank Bangladesh Ltd. Vs. Sub-Judge and Additional Artha Rin Adalat & others, 2003, 32 CLC (AD
.... allowed. There is no order as to costs. Ed. This Case is also Reported in: 55 DLR (AD) (2003) 121. ...... KM Hasan J Md. Fazlul Haque J Islami Bank Bangladesh Ltd. ..........Appellant Vs. Sub‑Judge and Additional Artha Rin Adalat & others...Respondents Judgment &nb...... allowed. There is no order as to costs. Ed. This Case is also Reported in: 55 DLR (AD) (2003) 121. ......; Md. Ruhul Amin J.- The appeal, by leave, is by the plaintiff of Money Suit No. 74 of 1999 (previously numbered 40 of 1997 of the 4th Court of Artha Rin..Category: Business or Commercial Law | Date: 28 Jan, 2003 | Hits: 112
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