Search Options
Judgment Advanced Search
Displaying 3921-3940 of 4866 results.
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. ......nts Judgment August 31, 2006 Lawyers Involved: Shahidul Huq, Advocate-on-record- For Respondent No. 1 Not represented- Respondent Nos. 2-12 Civil Petition for Leave to Appeal No. 969 of 2005 (From the Judgment and Order dated March 12, 2005 passe...... 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. ...... 3. The prayer for pre-emption was opposed asserting that the transfer is in fact exchange and that the contention of the pre-emptor that the transaction is not an exchange is incorrect. The trial Court dismissed the case on the finding that the transaction between the pre-emptee oppo..Category: Property Law | Date: | Hits: 24
Ershad Ali Howlader Vs. Santi Rani Dhupi and others, 2006, 35 CLC (AD)
....he Appellate Division the Advocate-on-record for the Respondent No.1 or the learned Counsel who, as submitted by the learned Advocate-on-record, would have made submission for the Respondent had no right of making submission on behalf of the Respondent No.1. 11. It is seen from the judgment of ......তিয়ানে পরিমিত হইয়াছে।” 3. It was the case of the plaintiffs that defendant Nos.1-6 and defendant Nos.8-11 of Title Suit No. 206 of 1976 died long before the institution of the said suit, that plaintiff No. 1 and the defendant Nos. 4-6 of the instan......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. ......filed solehnama and on the basis of the said solehnama the suit was decreed, that the solehnama so filed was quite genuine, that the plaintiffs have filed the suit making untrue statements. 5. The trial Court decreed the suit on the finding that the suit is not bad for defect of party and that su..Category: Property Law | Date: | Hits: 53
Md. Abul Kashem & others Vs. Montaz Ali Mondal & others, 2006, 35 CLC (AD)
....ins that the exchange in favour of plaintiffs was not regularized in this country by the authorized officer of the Government and as such the exchange deed executed in India did not confer any right, title and interest on the plaintiffs as the same was not regularized by the designated offi......sion in Civil Revision No. 240 of 1991 discharging the Rule. 2. The plaintiffs instituted Title Suit No. 274 of 1975 in the 1st Court of Subordinate Judge (now Joint District Judge), Kushtia for declaration that the soleh decree passed in Title Appeal No. 2 of 1975 by the learned Dist......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. ...... were living there permanently and thus the suit property was correctly listed as enemy property (now vested property) and the same is under the management of the custodian. 5. The trial court dismissed the suit. Being aggrieved the plaintiffs preferred Title Appeal No. 16 of 198..Category: Property Law | Date: | Hits: 59
Messrs Al-Haj Oil Mills Ltd. Vs. Wilmer Trading (Pvt.) Ltd. & Ors., 2006, 35 CLC (AD)
....ended with as prayed for. Status-quo granted earlier be further extended till disposal of the appeal. The appeal is fixed on 6th November 2006 in the list at the top. Ed. ......tioner Khondker Mahbubuddin Admed, Senior Advocate, instructed by Zahirul Islam, Advocate-on-Record-For Respondent No. 7 Not represented -Respondent Nos. 1-6 Civil Petition for Leave to Appeal No. 264 of 2006 (From the judgment and order dated 26.10.2005 passed by......ended with as prayed for. Status-quo granted earlier be further extended till disposal of the appeal. The appeal is fixed on 6th November 2006 in the list at the top. Ed. ...... submits, inter-alia that the petitioner having filed the plaint showing cause of action on the basis of facts alleged, the truth of which is to be determined on evidence to be adduced during trial, the High Court Division committed error in not holding that the trial court was wrong in rej..Category: Business or Commercial Law | Date: | Hits: 121
Aktaruzzaman alias Sahin Vs. Abdur Rashid Khan and others, 2006, 35 CLC (AD)
....ard along with appeal arising of the civil petition for leave to appeal No. 317 of 2002 wherein leave has been granted on 27.8.2003. Ed. This Case is also Reported in: 62 DLR (AD) (2010) 250. ......tructed by Nawab Ali, Advocate-on-record-For the Petitioner (in all the cases) A. K. M. Shahidul Huq, Advocate-on-record-For Respondent No.1 Respondent Nos.2-15-Not represented Civil Petition for Leave to Appeal Nos.139-141 of 2005 (From the Judgment and Order dated November 3, 2004 passe......ard along with appeal arising of the civil petition for leave to appeal No. 317 of 2002 wherein leave has been granted on 27.8.2003. Ed. This Case is also Reported in: 62 DLR (AD) (2010) 250. ......pre-emptee) were filed against the judgment and order dated January 27, 1987 of the Court of Subordinate Judge (now Court of Joint District Judge) Patuakhali in Miscellaneous Case No. 27 of 1983. The trial Court by the aforesaid order allowed the prayer for pre-emption to the extent of 1/3rd of the ..Category: Property Law | Date: | Hits: 35
State Vs. Sentu and others, 2004, 33 CLC (AD)
....o. 15 of 1996 of 2nd Court of Additional Sessions Judge, Barisal corresponding to G.R. Case No. 342 of 1993 P. S. Kotwali immediately and to enlarge them on bail to his satisfaction. Ed. ......uitting the accused respondents of the charge under sections 302/34 of the Penal Code. 3. The facts, in brief, are that on 28.06.1993 accused respondents being armed with deadly weapons formed themselves into unlawful assembly and gharaoed a mosque near the house of Md. Habibur Rahman......o. 15 of 1996 of 2nd Court of Additional Sessions Judge, Barisal corresponding to G.R. Case No. 342 of 1993 P. S. Kotwali immediately and to enlarge them on bail to his satisfaction. Ed. ...... a First Information Report was lodged by aforesaid Md. Habibur Rahman which being investigated charge sheet was submitted against the accused respondents and others. The case being sent for trial before the learned Additional Sessions Judge, 2nd Court, Barisal he recorded evidence and pas..Category: Criminal Law | Date: | Hits: 41
State Vs. Abdul Toab alias Abdul Towab and other, 2005, 34 CLC (AD)
....urt in holding the accused respondent as guilty and in doing so there has been miscarriage of justice. " Preparation of paper book is dispensed with as prayed for. Ed. ......s Involved: Abdur Razaque Khan, Additional Attorney General, instructed by B. Hossain, Advocate on Record-Petitioner Nawab Ali, Advocate-on-Record-Respondents Criminal Petition for Leave to Appeal No. 122 of 2003 (From the Judgment and Order dated 12.03.2002 passed by ......urt in holding the accused respondent as guilty and in doing so there has been miscarriage of justice. " Preparation of paper book is dispensed with as prayed for. Ed. ......une, 1987 was started and considering the dates of occurrence the case was splitted up into eight cases and separate charge sheets were submitted after investigation in all those cases. During trial charges were framed in the present case against the accused respondents under Sections 4..Category: Criminal Law | Date: | Hits: 35
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. ......tructed by Syed Mahbubar Rahman, Advocate-on-Record- For the Petitioner Firoz Shah, Advocate-on-Record-For Respondent No. 1 Not Represented- Respondent No. 2 Criminal Petition for Leave to Appeal No.127 of 2003 (From the Judgment and order dated 17.05.2003 passed by ......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. ......yment of the installment also expired and, institute the respondent No. 1 felt constrained to institute the aforesaid criminal case against the accused petitioner. 4. The case being sent for trial, the learned Metropolitan Magistrate, Chittagong framed charge against the accused petitioner..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. ......udgement June 25, 2006 Lawyers Involved: Nurul Islam Bhuiyan, Advocate-on –Record-For the petitioner Respondents Not represented- Respondents Civil Petition for Leave to Appeal no. 191 of 2005. (From the judgment and order dated 25th July 2004 pass......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. ......ght a suit for specific performance of contract against Anukul Chandra Dutta and obtained a decree; the plaintiff has created the alleged Nadabipatra showing the defendant No.1 executant. The trial court after hearing decreed the suit. The defendant No.1 preferred Title Appeal No. 66 of 199..Category: Property Law | Date: | Hits: 30
Bhulu Miah and others Vs. Begum Shakhina Khatun and others, 2005, 34 CLC (AD)
....as only heir who on 24-05-1968 sold entire land of 6.24 acres by sale deed No. 8855 to the plaintiff. After purchase the plaintiff possessed the suit land by mutating his name in the record of right and paid the rents and thereafter the name of plaintiff was correctly published in R. S. rec......vocate, instructed by Zainul Abedin, Advocate-on Record-For the Petitioners Moshiuzzaman, Advocate, instructed by Md. Nawab Ali, Advocte-on-Record- For the Respondents Civil petition for leave to Appeal No.325 of 2005 (From the judgment and order dated 1st February, 2005 pa...... 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. ......endant having been in possession of the suit land for more than 12 years through their predecessors acquired title in their favour and as such the suit is liable to be dismissed. 4. The trial Court decreed the suit by judgment and decree dated 20-06-1999 holding that R.S. khatian..Category: Property Law | Date: | Hits: 32
Md. Belayet Hossain Vs. Abul Fayez Md. Abdullah and others, 2005, 34 CLC (AD)
....intiffs of Title Suit No.127 of 1997. The transferee is ordinarily joined as a party to enable him to protect his interest. Whether joined as a party or not the transferee pendente lite by way of right in immovable property is bound by the decree. Since the Rules have been discharged as being ...... Advocate (A.Quayum, Senior Advocate with him), instructed by Aftab Hossain, Advocate-on-Record-For Respondent No.1 Not represented— For Respondent Nos. 2-6 Civil Petition for Leave to Appeal No. 474 of 2005. (From the Judgment and Order dated 5.4.2005 passed by ......such view of the Matter we do not find any substance in the submissions of the learned advocate. In view of the discussions made above leave petition is accordingly dismissed. Ed. ......rty in question to Bangladesh Bank and that therefore he was necessary party in the rule. 5. The High Court Division after hearing the parties by the impugned judgment and order directed the trial court to restore possession of the suit land to the petitioner of Civil Revision No.4754 of 2..Category: Property Law | Date: | Hits: 33
Fulbaria Market Dokandar Malik Samity Vs. Khatigrastha Dokandar Kallyan Samity, 2005, 34 CLC (AD)
.... City Corporation and the City Corporation leased out the same in favour of the defendant petitioners and as such neither the plaintiffs nor their lessor Shahjadi Begum Waqf Estate had any iota of right, title or possession over the suit property. In such view of the matter, according to Mr. Ahm...... Not represented— Respondent Nos. 5 and 6 (In Civil Petition No. 392 of 2005) Not represented-Respondent Nos. 1-5, 7 and 8 (In Civil Petition No. 523 of 2005) Civil Petition for Leave to Appeal Nos. 392 & 523 of 2005 (From the judgment dated 16.03.2005 passed by...... be deposited within one month. Preparation of paper book is dispensed with as prayed for. Status quo granted earlier be extended for further 6 (six) months from date. Ed. ......spondents having not been evicted in violation of courts order/ or any order of injunction or status quo, the High Court Division erred in affirming the order of mandatory injunction passed by the trial court. 6. Lastly, he submits that the High Court Division erred in holding that ..Category: Civil Law | Date: | Hits: 120
Md. Idrisur Rahman Vs. Syed Shahidur Rahman and others, 2005, 34 CLC (AD)
....eing an Advocate and a concerned member of the civil society felt that the issues raised in the writ petition having constitutional ramifications and affecting public interest and fundamental rights of the citizens this Division should be moved and hence filed the instant petition for leave...... Ajmalul Hossain QC, Senior Advocate, Instructed by Miv. Md. Wahidullah, Advocate-on-Record —For Respondent No. 1 Not represented—Respondent Nos. 2-5 Civil Petition for Leave to Appeal No. 346 of 2005 (From the judgment and order dated 02.02.2005 passed by......espondent No. 1 instituted Writ Petition No. 2454 of 2004 challenging the order communicated under notification dated 20.04.2004 issued by the Secretary Ministry of Law Justice and Parliamentary Affairs, Government of Bangladesh (respondent No.3,) intimating that the President of the Republic ha......cheme of the Constitution as to the removal of a judge of the Supreme Court is sui generis in nature, inasmuch that it does not require an adjudication of fats in the nature of a civil or criminal trial, and that the protection from being removed from office upon an allegation of gross misconduc..Category: Others | Date: | Hits: 97
Nurun Nabi Mullah and others Vs. Abdul Karim, 2005, 34 CLC (AD)
....is being possessed the tenants under the Government, that Barada Kanta Chakravarty did not sell .81 acre of land or any land to the plaintiffs and in 1969 said Barada Kanta Chakravarty had no right, title in the land in suit and as such he had no authority to sell the land in suit and accor...... thereby affirming the judgment and decree dated April 16, 1998 of the 1st Court of Subordinate Judge (now Joint District Judge), Dhaka in Title Suit No.16 of 1989 decreeing the suit in preliminary form in respect of the land measuring .3471 acre. The suit was filed seeking declaration of ti......m of the plaintiffs. In view of the discussions made herein-above we find merit in the appeal. Accordingly the appeal is allowed. There is no order as to costs. Ed. ......in the said land and the same was handed over to the Agricultural Department and some portion of plot No. 685 is in occupation of the local Primary School for more than 20 years. 5. The trial Court decreed the suit in preliminary form upon declaring title of the plaintiffs in res..Category: Property Law | Date: | Hits: 40
Abdul Quddus Vs. Raquib Ali being dead his legal heirs Aziruddin and others , 2005, 34 CLC (AD)
....to be deposited within one month. Preparation of paper book is dispensed with as prayed for. Stay granted earlier be extended for further 6 (six) months from the date. Ed. ......awyers Involve: Md. Ozair Farooq, Senior Advocate, instructed by Chowdhury Md. Zahangir, Advocate-on- Record- For the Petitioner Not represented-Respondents Civil Petition for leave to Appeal No. 137 of 2005. (From the Judgment and order dated 28.11.2004 passed b......to be deposited within one month. Preparation of paper book is dispensed with as prayed for. Stay granted earlier be extended for further 6 (six) months from the date. Ed. ......tion. 3. The petition was contested by the pre-emptee petitioners denying the material statements of the pre-emptor and adding that the pre-emption application was not maintainable. The trial court rejected the application for pre-emption while the appellate court reversed the same. ..Category: Property Law | Date: | Hits: 35
GM, Rangpur Palli Bidyut Samity Vs. Md. Ali Reza, 2006, 35 CLC (AD)
....working there with honesty, integrity and sincerity and during the tenure of his service he was promoted to the post of Line Technician and had been discharging his official duty. For performing some right of way work he submitted a bill in the office of the Pally Bidyut Samity-1, for an amount of T......rred to- 50 DLR 411. Lawyers Involved: Ziaul Hasan, Advocate instructed by Mahmuda Begum, Advocate-on-Record—For the Petitioner. Not represented—the Respondent. Civil Petition for Leave to Appeal No. 919 of 2005. (From the judgment and decree dated 5-1-2005 passed by the ......a correct decision. There is no cogent reason to interfere with the impugned judgment. The leave petition is dismissed. Ed. This Case is also Reported in: V ADC (2008) 600, 12 BLC (AD) 7. ......the allegations made against him and the reply was not found satisfactory. An Inquiry Committee was formed which found the plaintiff guilty and accordingly he was dismissed from service. 4. The trial Court decreed the suit. On an appeal being Title Appeal No. 46 of 1999 the appellate Court all..Category: Employment/Service Law | Date: | Hits: 181
Sudhir Kumar Das and other Vs. Abdul Malek Mia and others, 2007, 36 CLC (AD)
....as to his contention that Ins learned Advocate did not inform him about the arrival of the record at the trial Court from the High Court Division and the date of peremptory hearing, the trial Court rightly rejected the said contention. The High Court Division was of the view that knowledge of th...... 1962. 3. The respondent No.1 was the defendant No.2 in Title Suit No.77 of 1963. He upon service of summons entered appearance and filed written statement. While the suit was awaiting for disposal before the trial Court, as seen from the materials on record in connection with the ci...... 13. In the background of the discussions made hereinabove we find merit in the appeal. Accordingly, the appeal is allowed. There is no order as to costs. Ed. ......e respondent No.1 was the defendant No.2 in Title Suit No.77 of 1963. He upon service of summons entered appearance and filed written statement. While the suit was awaiting for disposal before the trial Court, as seen from the materials on record in connection with the civil revision the record ..Category: Civil Law | Date: | Hits: 112
Abu Taleb Vs. State, 2007, 36 CLC (AD)
....tioner following the provision of section 27(6A) of the Special Powers Act, 1974. There being no ground for interference under section 561A of the Code of Criminal Procedure the High Court Division rightly rejected the petition. 13. We have perused the impugned order of the High Court Divi......r Advocate (Zafar Alim Khan, Advocate, -with him) instructed by Md. Aftab Hossain, Advocate-on-Record—For the Petitioner. Not represented—The Respondent Criminal Petition for Leave to Appeal No.76 of 2005. (From the judgment and order dated 12-2-2005 passed by th...... rightly rejected the petition. 13. We have perused the impugned order of the High Court Division and we do not find any ground to interfere. The petition is dismissed. Ed. ......et was submitted on 27-1-1996 against the petitioner under section 385 of the Penal Code. The petitioner was allowed bail by the learned Chief Metropolitan Magistrate, Dhaka on 5-7-1995 but during trial he was absconding. 3. Be that as it may, the case was sent to the Metropolitan Special..Category: Criminal Law | Date: | Hits: 47
Kazi Md. Abdul Kuddus and another Vs. Kaimon Bewa and Others, 2006, 35 CLC (AD)
....rt was in error. 16. In the background of the discussions made hereinabove we find no merit in the appeal. Accordingly, the appeal is dismissed without any order as to costs. Ed. ...... plaintiff No.9 as the common landlords of the premises in suit, that the plaintiffs asked the defendants to vacate the premises in suit since they are in bonafide requirement of the said premises for their own use and occupation, that the defendants defaulted in the payment of rent to the plain......rt was in error. 16. In the background of the discussions made hereinabove we find no merit in the appeal. Accordingly, the appeal is dismissed without any order as to costs. Ed. ......maintainable since the relief sought by the plaintiff Nos. 1-8 in the suit is distinct and different from that of the plaintiff No. 9 and, as such, the suit is liable to be dismissed. 5. The trial Court decreed the suit on the finding that the suit as framed is quite maintainable and that ..Category: Property Law | Date: | Hits: 46
Maleka Khatun and others Vs. Amena Khatun and others, 2007, 36 CLC (AD)
....fendant No.1, that defendant No.1 "is not legally entitled to buy out the plaintiff's share in the suit plot under section 4 of the Partition Act and that if it is presumed that plaintiff has right to buy back then, in that case he is to pay Taka 63,636 as the price of the plaintiff's share......e 5th Court of Subordinate Judge (now Joint District Judge), Dhaka in Title Suit No. 22 of 1967 decreeing the suit. The suit was filed seeking declaration of title, recovery of khas possession and for separate saham upon partition of the land in suit. 2. It was the case of the plaintiff th......the Partition Act. 17. In the background of the discussions made hereinbefore, we find merit in the appeal. Accordingly, the appeal is allowed with costs at all stages. Ed. ......ead of the defendant No.1 and the plaintiff being a stranger purchaser and outsider having no blood relationship with him should not be allowed to live with him in the suit homestead. 5. The trial Court decreed the suit on the finding that the plaintiff by his purchase has acquired good ti..Category: Property Law | Date: | Hits: 44
22302229222722262224222322222221221622142212221122102209220822062205220422022197