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Md. Baker Miah and others Vs. Shamsun Nahar Begum, 2006, 35 CLC (AD)
....ssession in the land in suit. In the background of the aforesaid discussions we find no merit in the appeal. Accordingly the appeal is dismissed without costs. Ed. ...... 2001 of a Single Bench of the High Court Division in Civil Revision No. 4139 of 1999 discharging the Rule obtained against the judgment and decree dated May 9, 1999 of the 2nd Additional Court of Assistant Judge, Dhaka in Title Suit No. 26 of 1998 decreeing the same. 2. The suit was file..Category: Property Law | Date: | Hits: 25
Anath Bandhu Guha & Sons Ltd. Vs. Babu Sudhangshu Shekhar Halder, 1990, 19 CLC (AD)
....y suffers from an error of law and it is accordingly set aside. In the result, the appeal is allowed without any order as to costs. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 244. ......haka in Civil Order No.736 of 1989 dismissing summarily an application under section 25 of the Small Cause Courts Act and thereby affirming an order dated 25.5.89 passed by the SCC Judge and Senior Assistant Judge, 1st Court, Dhaka rejecting the plaint of Small Causes Suit No.21 of 1988 under Orde..Category: Property Law | Date: | Hits: 118
Al-haj Ahmed Hossain Khan Vs. Rezaur Rahman and others, 1990, 19 CLC (AD)
.... order as to costs. Order of the Court. By the majority decision, the appeal is dismissed. There will be no order as to costs. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 225. ......rding to this witness, exhibit 4 was written by the defendant No.2 as defendant No.1 stated that she could not sign as her hand trembled and defendant No.2 was her Karjakarak. PW 3 Abul Kashem is the Assistant Tahsildar of Sadar Tahsil Office and proved exhibit 7 series, the rent receipt books, sh..Category: Property Law | Date: | Hits: 50
Md. Mojibur Rahman Howlader & Others Vs. Afsar Ali Howlader, 2005, 34 CLC (AD)
....t any findings that those findings of the trial court and the appellate Court were perverse or unreasonable or without any evidence and basis. The appeal is thus allowed with costs. Ed. ......ot; and recovery of Khas possession of the land in schedules "Kha" and 'Ga'. 2. The case of the plaintiffs filed in Title Suit No. 213 of 1972 in the 2nd Court of Munsif (now joint Assistant Judge), Bagerhat, in short, is that his predecessor and the predecessor of the defendant..Category: Property Law | Date: | Hits: 35
National Board of Revenue & Ors. Vs. Al-Haj Mohammad Sufian , 2005, 34 CLC (AD)
....spective case. 7. In view of the above, we do not find any substance in the submission of the learned Advocate-on-Record for the petitioners. The petition is dismissed. Ed. ...... Tk. 1(one) lac. The petitioner further asserted that he transferred some property at considerations of Tk.3 (three) lacs by a registered kabala dated 10.1.1993. In view of the said transfers, the Assistant Commissioner of Taxes re-opened the assessment of income taxes for the year of 1992-93 an..Category: Fiscal/Taxation Law | Date: | Hits: 72
M/s. Sonali Aansh Trading (Pvt.) Ltd & anr Vs. M/s Birla Tyres & ors, 2005, 34 CLC (AD)
.... High Court Division has rightly made the rule absolute setting aside the ad interim injunction and mandatory injunction. The petition is dismissed. Ed. ......ose dated 4.7.2004 of the Additional District Judge, Second Court, Dhaka dismissing the Miscellaneous Appeal Nos.335 of 2003 and 299 of 2003 affirming the order No. 15 dated 9.11.2003 of the Senior Assistant Judge, Second Court, Dhaka granting temporary injunction restraining the defendant-respo..Category: Business or Commercial Law | Date: | Hits: 100
Government of Bangladesh, and others Vs. Md. Sirajuddin Khan and others, 2005, 34 CLC (AD)
....t of Tk.3,000/- in favour of the plaintiff respondent No.1 within two months from the date of receipt of this order by the trial court, in default, this appeal shall stand dismissed. Ed. ......d decree dated 16.11.1997 in Title Appeal No. 25 of 1997 passed by the learned Additional District Judge, 2nd Court, Narayangonj who allowed the appeal in part reversing those passed by the learned Assistant Judge, Bandar, Narayangonj dated 20.2.1997 in Title Suit No. 4 of 1996 decreeing the sui..Category: Property Law | Date: | Hits: 40
Kazi Forhad Hossain (Munna) Vs. Md. Golam Mustafa Sarwar, 2006, 35 CLC (AD)
.... learned counsel could not point at any illegality or infirmity in the decision of the High Court Division so as to call for any interference. The petition is dismissed. Ed. ......on 13.1.2001 filed a complaint case against him and others on the allegations that he and others created an affidavit being No.1 dated 28.6.1999 and submitted the same in the Court of 6th Court of Assistant Judge, Dhaka in connection with Title Suit No. 171 of 1999 which during trial was marked ..Category: Criminal Law | Date: | Hits: 39
Bangladesh Vs. Md. Abdul Jabbar Sheikh, 2006, 35 CLC (AD)
....g the suit. In the background of the discussions made hereinbefore we find merit in the appeal. Accordingly the appeal is allowed. There is no order as to costs. Ed. ...... 1993-94 was initiated in the office of the Additional Deputy Commissioner,(Revenue) Rajshahi (Respondent No.3), that the Additional Deputy Commissioner sent the matter for inquiry to the Assistant Commissioner (land), Rajshahi and he submitted his report on February 27, 1994 and the d..Category: Property Law | Date: | Hits: 38
Mohammad Ahmed Rashid and others Vs. Mohammad Shafi and others, 2005, 34 CLC (AD)
....ned Advocate-on-Record for the petitioners. The petition is dismissed. Ed. This Case is also Reported in: 2007 (XV) BLT (AD) 88; 12 BLC (AD) (2007) 61; 12 MLR (AD) 2007, 162. ......e absolute setting aside the judgment and decree dated 26.2.1995 of the Subordinate Judge, First Court, Cox's Bazar in Other Appeal No. 62 of 1991 reversing those dated 28.4.1991 by the Senior Assistant Judge, Chakaria in Other Suit No. 42 of 1987 filed under section 14(2) of the Arbitratio..Category: Property Law | Date: | Hits: 41
A. K. M. Fazlul Hoque and others Vs. Bazlur Rahman, 2006, 35 CLC (AD)
....Operation of the judgment and order dated 25.04.2005 passed by the High Court Division in Civil Revision No.1794 of 2004 is stayed till hearing of the appeal. Ed. This Case is Also Reported in: ......th section 151 of the Code of Civil Procedure allow the same, and then issue a writ for local inspection. 2. The petitioners, as plaintiffs, filed Title Suit No. 276 of 1998 in the Court of Senior Assistant Judge, Savar, Dhaka praying for a decree of permanent injunction stating, inter alia, that..Category: Civil Law | Date: | Hits: 116
Shamsuddin Sarder Vs. Md. Habisuddin Gazi and others, 2006, 35 CLC (AD)
.... 6. In that view of the matter we do not find any reason to interfere with the judgment of the High Court Division sought to be appealed. Accordingly the petition is dismissed. Ed. ......dated August 21,1997 of the Court of District Judge, Kushtia in Miscellaneous Appeal No. 37 of 1996 allowing the same upon setting aside the judgment and order dated October 14,1996 of the Court of Assistant Judge, Mirpur, Kushtia in Miscellaneous Case No. 22 of 1987 dismissing the same. 2..Category: Property Law | Date: | Hits: 24
Ershad Ali Howlader Vs. Santi Rani Dhupi and others, 2006, 35 CLC (AD)
....ground of the discussions made hereinabove we find merit in the appeal. Accordingly the appeal is allowed without any order as to costs. Ed. This Case is also Reported in: 12 MLR (AD) 105. ......oint District Judge), Barisal in Title Appeal No.67 of 1985 allowing the same and thereby dismissing the suit upon reversing the judgment and decree dated April 28, 1985 of the Court of Munsif (now Assistant Judge) Upazila Babuganj, Barisal in Title Suit No. 285 of 1984 decreeing the same in part ..Category: Property Law | Date: | Hits: 53
Md. Badshah Alam Vs. Md. Shahidul Islam & others, 2006, 35 CLC (AD)
.... stay granted earlier shall continue till disposal of the appeal. The petitioner is directed to make the appeal ready within 6 (Six) months date for expeditious disposal. Ed. ...... Revision No. 3757 of 2004 discharging the Rule. 2. Short facts are that opposite party No. 1 as petitioner filed election petition being Election Tribunal Case No. 1 of 2003 in the Court of Assistant Judge and Election Tribunal Sadar, Sirajgonj District-Sirajgonj for cancelling the result..Category: Election Law | Date: | Hits: 111
Md. Abul Kashem & others Vs. Montaz Ali Mondal & others, 2006, 35 CLC (AD)
....ent of the materials on record arrived at a correct decision. There is no cogent reason to interfere with the same. The appeal is dismissed without any order as to costs. Ed. ...... the deed of exchange was registered. On 27.08.1975 the plaintiffs came to know that the defendant-opposite party No.1 filed a suit being Title Suit No. 150 of 1970 in the 1st Court of Munsif (now Assistant Judge), Kushtia for a declaration of title to some portion of the suit property stat..Category: Property Law | Date: | Hits: 59
M.A. Sukkur Vs. Md. Zahirul Haque and another, 2005, 34 CLC (AD)
....ation of the impugned judgment and order dated 17.05.2003 passed by the High Court Division in Criminal Miscellaneous Case No.152 of 2001 be stayed till disposal of the appeal. Ed. ......r sections 406 and 420 of the Penal Code read with Section 138 of the Negotiable Instrument Act against the petitioner stating, inter alia, that the aforesaid complainant was Assistant General Manager of Bangladesh Shilpa Bank, Chittagong and that the accused petition..Category: Criminal Law | Date: | Hits: 44
Md. Mofazzal Hossain Vs. Md. Muklesur Rahman and others, 2006, 35 CLC (AD)
....re the paper book out of court in accordance with Rules. In part II of the paper book deposition of both the parties and the exhibited documents in the suit are to be included. Ed. ......e dated 16.9.1993 passed by the learned Subordinate Judge (now Joint District Judge), Chandpur in Title Appeal No. 66 of 1990 by which the judgment and decree dated 20.5.1990 passed by the learned Assistant Judge, Sadar, Chandpur in Title Suit No.138 of 1989 decreeing the suit was affirmed . ..Category: Property Law | Date: | Hits: 30
Noor Uddin Vs. Alimuddin and others, 2005, 34 CLC (AD)
....mstances, we are of the view that the High Court Division upon correct assessment of the materials arrived at a correct decision. Accordingly, the petition is dismissed. Ed. ......ted Partition Suit No.295 in the Court of learned Subordinate Judge, (now Joint District Judge), Kishoreganj seeking partition of their share in the suit land. The suit on transfer to the Court of Assistant Judge, Kishoreganj was renumbered as Partition Suit No.95 of 1993. 3. The defendan..Category: Procedural Law | Date: | Hits: 154
Bhulu Miah and others Vs. Begum Shakhina Khatun and others, 2005, 34 CLC (AD)
.... be deposited within 1 (one) month. Preparation of paper book is dispensed with as prayed for. Stay granted earlier be extended for further period of 6 (six) months from date. Ed. ......e suit back to the lower appellate Court on remand. 2. The predecessor of the petitioners namely Abul Bashar as plaintiff filed Title Suit No.45 of 1995 in the Court 1st Court of the Senior Assistant Judge, Gazipur for declaration of title and recovery of khas possession of .09 acres of l..Category: Property Law | Date: | Hits: 32
Dr. Mohammad Sarwar Ramiz and others Vs. Dr. Shyam Sundar Kundu (FCPS) & ors, 2005, 34 CLC (AD)
.... Writ Petition No.1735 of 2004 be stayed for 6 (six) months in Civil Petition for Leave to Appeal No.737 of 2005. The petitioners are also permitted to add additional grounds. Ed. ......etition No.1735 of 2004 challenging memo No.1ft-i/ftwW-02/2004/3 8771(20) dated 16.03.2004 (Annexure-D-1 to the writ petition) appointing the present petitioners and another one to the post of Assistant Professor of Radiology stating, inter alia, that Bangladesh Public Service Commission (PS..Category: Employment/Service Law | Date: | Hits: 86
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