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Md. Abu Alam Vs. Zarina Begum and others, 2006, 35 CLC (AD)

....pellate Court. In the background of the discussions made hereinbefore we find merit in the appeal. Accordingly the appeal is allowed with­out any order as to costs. Ed. ......ecree dated June 24, 1995 of the 1st Commercial Court, Chittagong in other appeal No. 318 of 1991 allowing the same upon setting aside the judgment and decree dated January 29, 1991 of the Court of Assistant Judge, Raozan, Chittagong in Other Suit no. 79 of 1979 dismissing the same. The suit file..

Category: Property Law | Date: | Hits: 42

Badal Chandra Das and others Vs. Amena Khatun, 2005, 34 CLC (AD)

.... No infirmity in the judgment of the High Court Division could be pointed out for our interference. In that view of this, the appeal is dis­missed without any order as to costs. Ed. ......e Rule issued against the judgment and decree dated 11.01.2001 of the Subordinate Judge and Artha Rin Adalat, Rajshahi in Title Appeal No.130 of 1999 reversing those dated 28.02.1999 by the Senior Assistant Judge, Sadar, Rajshahi in Other Class suit No.265 of 1996 dismissing the suit. 2.T..

Category: Property Law | Date: | Hits: 34

Kazi Muhammad Khokon Vs. Bangladesh, 2006, 35 CLC (AD)

.... for review has been filed upon discovery of new fact. In that state of the matter we do not find any merit in this petition. Accordingly review petition is dismissed. Ed. ......was filed against the judgment and order of the Court of District Judge, Dinajpur in Miscellaneous Appeal was filed against the order dated April 13, 1998 and April 15, 1998 of the Court of Senior Assistant Judge, Dinajpur rejecting the application for tempo­rary injunction as well as the a..

Category: Civil Law | Date: | Hits: 106

Sree Girish Chandra Barman Vs. Md. Yasin Ali and other, 2006, 35 CLC (AD)

....ion of materials on record arrived at a correct decision and there is no cogent reason to interfere with the decision of the High Court Division. 9. The petition is dismissed. Ed. ......02 passed by the learned Additional District Judge, Lalmonirhat in Miscellaneous Appeal No. 6 of 1999 affirming, with some modifica­tion, those of dated 30.11.1998 passed by the learned Senior Assistant Judge, Lalmonirhat Sadar, in Miscellaneous Case No. 53 of 1996 refusing pre-emption. ..

Category: Property Law | Date: | Hits: 34

Humayun Kabir Khan Vs. Md. Nurul Haque & others, 2006, 35 CLC (AD)

....of the view that the High Court Division erred in law in not assessing the evidence properly and thereby discharging the Rule. The appeal is accordingly allowed without costs. Ed. ......in Civil Revision No. 1233 of 1996 discharging the Rule. 2.  Short facts are that the respondent-pre-emptor filed the Miscellaneous Case (Pre­emption) No. 44 of 1987 in the Court of Assistant Judge, Bhandaria, Pirojpur seeking pre-emption of the case land stating, inter alia, that..

Category: Property Law | Date: | Hits: 31

Commissioner of Customs and others Vs. Mohammad Ali, 2007, 36 CLC (AD)

....s illegal and without any legal basis. 7. Accordingly, we do not find any substance in the appeal. In the result, the appeal is dismissed without any order as to costs. Ed. ......section 25(7) of the Customs Act, 1969. The learned Deputy Attorney General further submits that the High Court Division erred in law in failing to hold that the inspection report submitted by the Assistant Commissioner, Customs House, Chittagong that the imported consignment is of 4 x 8 x 3mm s..

Category: Business or Commercial Law | Date: | Hits: 99

Khan Md. Firoj Kabir Vs. Rupali Bank Ltd. and others, 2006, 35 CLC (AD)

....nbsp;                  Accordingly, the appeal is dismissed without any order as to cost. Ed. ......ainst the judgment dated 17.8.2000 of the High Court Division passed in Civil Revision No. 2363 of 1998 discharging the Rule which was obtained against the order dated 14-5-98 passed by the learned Assistant Judge, 4th Court, Dhaka in Title Suit No. 278 of 1997 rejecting the application filed by ..

Category: Employment/Service Law | Date: | Hits: 120

Shahid Hossain Khan (Md) Vs. Abdul Bashed Lashkar and others, 2006, 35 CLC (AD)

.... decree of permanent injunction. 15. In the background of the discussions made hereinbefore we find merit in the appeal. Accordingly, the appeal is allowed with costs. Ed. ......t District Judge, Jhalokathi in Title Appeal No.5 of 2001 (in fact Miscellaneous appeal) allowing the same and thereupon setting aside the judgment and order dated January 18, 2001 of the Court of Assistant Judge, Nalchity, Jhalokathi in Title Suit No. 2 of 2001 rejecting the prayer for temporar..

Category: Civil Law | Date: | Hits: 216

Ali Hussain Faraji & others Vs. Abdul Ali Pradhania @ Abul and another, 2007, 36 CLC (AD)

....The learned Counsel could not point out any illegality or infirmity in the decision of the High Court Division so as to call for any interference. The petition is dismissed. Ed. ...... Single Bench of the High Court Division passed in Civil Revision No. 28 of 2001 discharging the Rule. 2. The respondent, as plaintiff, filed Title Suit No. 35 of 1997 in the Court of Senior Assistant Judge, Matlab, Chandpur seeking permanent injunction on the averments that 8.77 acres of..

Category: Property Law | Date: | Hits: 33

Abu Taher Chowdhury & others Vs. State, 1990, 19 CLC (AD)

....e Chowdhury @ Kala Mia and (5) Akhtarul Haque Chowdhury be set at liberty forthwith, if not wanted in connection with any other case. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 253. ......pen court. But the IO said that he produced the witness to the UNO as the "Munsif-Magistrate was on leave on that day". This statement of PW 20 has been falsified by the eviĀ­dence of DWs 1, 2 and 3, Assistants of the Upazila Magistrate's Court as well as of the Munsif s Court. Leave Register of the..

Category: Criminal Law | Date: | Hits: 74

Syed Abdul Haque and other Vs. Surendra Nath Majumder & others, 2007, 36 CLC (AD)

....sion has not committed any error in making the Rule absolute and thereupon setting aside the judgment of the appellate Court. Accordingly, the appeal is dismissed with costs. Ed. ......daughter Sukhada Sundari. Ganga Charan was the landlord and as the tenant Sukhada Sundari failed to pay rent, the landlord filed Rent Suit No. 1801 of 1952 in the 2nd Court of Munsif (now Court of Assistant Judge), Pirojpur and obtained decree and on the basis of said decree filed Rent Execution..

Category: Property Law | Date: | Hits: 52

Bangladesh Vs. Md. Shahabuddin and others, 2007, 36 CLC (AD)

....d Advocate-on-Record failed to point out any error in the judgment of the High Court Division of the kind calling for interference by this Division. Accordingly, the petition is dismissed. Ed. ......the 1st Court of SubĀ­ordinate Judge (now Joint District Judge) Kishoreganj in Other Appeal No. 139 of 1995 allowing the same upon reversing the judgment and decree dated May 20, 1995 of the Court of Assistant Judge, Kotiadi, Kishoreganj in Other Class Suit No. 28 of 1994 decreeing the same. The sui..

Category: Tenancy Law | Date: | Hits: 156

Bazlur Rahman Sarker Vs. Kamala Kanta Barman, 2007, 36 CLC (AD)

....n the instant case. In the background of the discussions made hereinabove we find no merit in the appeal. Accordingly, the appeal is dismissed with costs at all stages. Ed. ......e dated June 26, 1988 of the Court of Addi­tional District Judge, Rangpur in Other Appeal No. 224 of 1986 setting aside the judgment and decree dated December 7,1986 of the Court of Munsif (now Assistant Judge), Mithapukur Upazila, Rangpur in Other Class Suit No. 313 of 1983 dismissing the s..

Category: Property Law | Date: | Hits: 35

Dr. Abdur Rahman and others Vs. Bangladesh, 1978, 7 CLC (AD)

....rightly exercised their revisional jurisdiction in setting aside the order of the learned Subordinate Judge. The result therefore is that the appeal is dismissed with costs. Ed. ......udgment June 27, 1977. Lawyers Involved: Akram Hossain Amin, Advocate — For the Appellants. Sultan Hossain Khan, Deputy Attorney-General, with B. B. Roy Chowdhury, Assistant Attorney-General, instructed by S.S. Hoda, Advocate–on-Record — For the Respo..

Category: Property Law | Date: | Hits: 36

Forest Ranger, Bhaluka Range Office, M.singh & ors Vs. Hamid & sons Ltd. & ors , 2005, 34 CLC (AD)

.... The petitioners are also permitted to pre­pare paper book out of court in accordance with rules. Stay granted earlier be further extended till disposal of the appeal. Ed. ......Judge (now Joint District Judge), 1st Court, Mymensingh in Miscellaneous Case No. 60 of 1999. 2. Respondent Nos.1-3 as plaintiffs institut­ed Title Suit No. 56 of 1990 before the learned Assistant  Judge, Bhaluka for permanent injunction against the defendant petitioners stating,..

Category: Property Law | Date: | Hits: 41

Musammat Sokhina Khatun Vs. Mosammat Rowshanara Begum and others, 2006, 35 CLC (AD)

....ame to a correct decision in making the rule absolute. We do not find any reason to interfere. In view of the discussion made above the leave petition stands dismissed. Ed. ......urt Division in Civil Revision No.1571 of 2003. 3. Facts, in short, for disposal of the petition are that the plaintiff petitioner instituted Title Suit No.7 of 2001 in the Court of learned Assistant Judge, Gazaria, Munshigonj for declaration of title to the suit property and cancellation..

Category: Property Law | Date: | Hits: 37

State Vs. Ali Ahmed and other, 2005, 34 CLC (AD)

....on is justified to acquit them of the charge. On perusal of the judgment of the High Court Division we do not find any error. The petition is dismissed. Ed. This Case is also Reported in: ......on is justified to acquit them of the charge. On perusal of the judgment of the High Court Division we do not find any error. The petition is dismissed. Ed. This Case is also Reported in: ..

Category: Criminal Law | Date: | Hits: 43

Abdul Majid alias Mujibur Rahman Molla Vs. Md. Abdul Matin and others, 2006, 35 CLC (AD)

.... view expressed by us about the ground taken in the course of hearing we do not find any merit in the appeal. Accordingly the appeal is dismissed with­out any order as to costs. Ed. ......st Court of Subordinate Judge (now Joint District Judge) Magura in Title Appeal No. 55 of 1994 allow­ing the same upon reversing the judgment and decree dated February 28, 1994 of the Court of Assistant Judge, Salikha, Magura in Title Suit No. 46 of 1993 dismissing the same. The suit was fil..

Category: Property Law | Date: | Hits: 38

Mohammad Enayet Rabbi Vs. Sree Sree Shoti Rani Kundho and another, 2006, 35 CLC (AD)

....eed the suit. 10. In the background of the aforesaid discus­sions we do not find merit in the appeal. Accordingly the appeal is dismissed with cost of Tk. 5, 000/-. Ed. ......ated April 23, 1998 of the 1st Court of Subordinate Judge (now Joint District Judge), Natore in Title Appeal No. 241 of 1989 reversing the judgment and decree dated October 29, 1987 of the Court of Assistant Judge, Sadar, Natore in Other Class Suit No.72 of 1986 dismissing the same. The suit was ..

Category: Property Law | Date: | Hits: 28

Jobeda Bewa & others Vs. Md. Abdur Razzaque, 2006, 35 CLC (AD)

....ision. There is no cogent reason to interfere with the same. The appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: 12 MLR (AD) 2007, 16. ......assed by a Single Bench of the High Court Division in Civil Revision No. 4207 of 1996 making the Rule absolute. 2. The plaintiff filed other class suit No. 381 of 1987 in the Court of Senior Assistant Judge, Additional Court No.1, Rajshahi for declaration of title to the suit land on the b..

Category: Property Law | Date: | Hits: 33