Search Options
Judgment Advanced Search
Displaying 4001-4020 of 5707 results.
Most. Hamida Vs. Md. Majibur Rahman , 2002, 31 CLC (AD)
....gainst the judgment and order dated 17.04.1995 passed by a Single Judge of the High Court Division in Civil Revision No. 842 of 1990, under section 25 of the Small Cause Courts Act, making the Rule absolute and consequent thereupon setting aside the judgment and decree dated 14.04.90 passed by the S......mpugned judgment and order of the High Court Division is set aside and the suit for ejectment is decreed. No order is made as to costs. Ed. This Case is also Reported in: II ADC (2005) 408.......ndant is not a defaulter and that it is not correct that the plaintiff requires the suit premises for her personal use and occupation after rebuilding of the same. 5. Upon hearing the parties, the trial court decreed the suit. Defendant then took the revision before the High Court Division. The......llant Vs. Md. Majibur Rahman ..................Respondent Judgment: July 15, 2002. Cases Referred to: 42 DLR(AD) 119; 35 DLR (AD) (388); Mst. Rahman Khatum Vs. Abdur Rashid Bhuiyan and another, 1985 (AD) BLD 77; Md. Ayub Ali vs. Jahanara Shirin 1986 BLD (HCD) P.93. Lawyers In..Category: Tenancy Law | Date: | Hits: 175
Export Promotion Bureau and another Vs. Md. Nazmul Hossain and others, 2004, 33 CLC (AD)
....ances. 2. This appeal is directed against the judgment and order dated 5.8.1999 passed by a Division Bench of the High Court Division in Writ Petition No. 112 of 1999 making the rule absolute and declaring the dismissal order of the writ respondent No. 1 dated 7.11.1990 (Annexure-G) ......st him for his absence without leave inspite of rejection of his leave prayer and failure to join in Dhaka office under the Government Servants (Discipline and Appeal) Rules, 1985 (hereinafter called "The Rules") which was not applicable to the petitioner. 6. Inspite of the......f the powers conferred by section 20 of the Ordinance was published in the Bangladesh Gazette on 24.9.1991 as such the proceedings under Government Rules and Ordinance was authorized. ......me Court Appellate Division (Civil) Present: Syed JR Mudassir Husain CJ Mohammad Fazlul Karim J Md. Tafazzul Islam J The Export Promotion Bureau and another................................Appellants Vs. Md. Nazmul Hossain and othe..Category: Employment/Service Law | Date: | Hits: 105
Bangladesh Vs. Chowdhury Tanbir Ahmed Siddiky, 1997, 26 CLC (AD)
....e learned Subordinate Judge, Second Court, Dhaka on 21 April 1973. 2. The subject matter consists of rent receiving interest in different touzis, taluks and tenures in different shares and also khas lands of different kinds comprising two wakf estates, one wakf lillah created by the great ......rdinance, 1956 (E.B Ord. No. III of 1956), or of any other law making any amendment in the said act, or of the acquisition of any property made under any provision thereof is challenged or called in question shall abate, and all orders, including orders of injunction and other interlocu......2. 14. The moot question that arises there fore is whether the learned Judge of the High Court Division was justified in not affirming the order of abatement of the whole suit passed by the trial Court under article 4(2) of President's Order No. 69 of 1972 and Article 2 of President's Ord...... Present: ATM Afzal CJ Latifur Rahman J Mohammad Abdur Rouf J Bimalendu Bikash Roy Choudhury J Bangladesh represented by the Secretary Ministry of Land Acquisition & Land Records................Appellant Vs. Chowdhury Tanbir Ahm..Category: Property Law | Date: | Hits: 43
ACKO Industries and Cold Storage Ltd. and another Vs. Pubali Bank Ltd. & others, 1997, 26 CLC (AD)
....n of the preferment of the appeal against the decree in question was counted from 3.9.96 when the decree was corrected not from the date when the decree in signed on 7.6.96. The learned Advocate also submits that the learned Judges of the High Court Division misdirected themselves upon taki...... order of the High Court Division and direct the High Court Division to register the appellants appeal preferred before him. Ed. This Case is also Reported in: II ADC (2005) 380. ......t the said money decree and it was registered as F.A.T. No. 177 of 1996. The Taxing Officer of the High Court Division detected that the plaintiff decree holder did not pay proper court fees in the trial court and accordingly by a report dated 8.5.96 the Stamp Reporter of the High Court Division......rted in: II ADC (2005) 380. ..Category: Civil Law | Date: | Hits: 87
Monzur Rahman Khan Vs. Mst. Tahera Parvin and others, 2003, 32 CLC (AD)
....ion of the court of appeal below the respondent No. 1 as petitioner filed Civil Revision No. 492 of 1986 before the High Court Division, who by its judgment and order dated 29.7.93 made the Rule absolute. 3. Being aggrieved by the aforesaid judgment and order dated 29.7.93 the presen......ainable against her and the appeal must fail. Accordingly, the appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: II ADC (2005) 367. ......sfer was by Heba and not by purchase. Therefore, the prayer of the appellant must fail. The pre-emptor appellant failed to prove that the Heba deed was not acted upon. Both the courts below namely, trial court as well as appellate court have wrongly found that the Heba was not completed inasmuch......te Division (Civil) Present: KM Hasan CJ Md. Ruhul Amin J Md. Fazlul Haque J Monzur Rahman Khan........Appellants Vs. Mst. Tahera Parvin and others............Respondents Judgment February 1, 2003. Lawyers Involved:..Category: Property Law | Date: | Hits: 33
Mossammat Khursheda Jahan Vs. Jahan Syada Shafinaz and others, 2002, 31 CLC (AD)
....ication under section 24 of the Non-Agricultural Tenancy Act, 1985. 2. The facts are that Syed Siddique Hossain was the owner of the suit property. He died leaving behind his wife, five sons and three daughters who possessed the same in ejmali as co-sharer tenants. The wife and sons e......xecuted in favour of the pre-emptee appellants. In view of the above, the appeal is allowed without any order as to costs. Ed. This Case is Also Reported in: II ADC (2005) 365. ......as they themselves transferred the disputed land by disputed kabala. She is in possession, has spent huge money for repair of the structures and for earthwork of the case land. 6. Both the trial court and the lower appellate Court concurrently dismissed the miscellaneous case. ......nt: Md. Ruhul Amin J KM Hasan J Abu Sayeed Ahamed J Mossammat Khursheda Jahan alias Mst. Monju Khorsheda.............Appellant Vs. Jahan Syada Shafinaz and others...................Respondents Judgment March 24, 2002. Lawyers Inv..Category: Property Law | Date: | Hits: 35
Sufia Khatun Vs. Amin Hossin Mondal and others, 2005, 34 CLC (AD)
.... - Respondents Nos. 16 & 17. Civil Appeal No. 100 of 1999. From the Judgment and Order dated February 5, 1997 passed by the High Court Division in Civil Revision No. 59 of 1986 Jessore/Civil Revision No. 6061 of 1991 (Dhaka). Judgment Md. Rhuhul Amin J.- This is an ......w that the soleh decree passed by a Court should not be lightly brushed aside and that the soleh decree was not challenged by defendant No. 3 or by his son P.W. 3. But as it appears the trial Court called for the record of the Title Suit No. 616 of 196 and did not find the solehnama in the record......efendant No. 1 in a portion of the suit property and the plaintiff No. 1 has brought the suit on the basis of fabricated documents and as such the suit is liable to be dismissed. 4. The trial Court decreed the Suit on the findings that Bishnupada granted general power of Attorney dat...... (Civil) Present: Md. Ruhul Amin J Md. Tafazzal Islam J Sufia Khatun………………..Appellant Vs. Amin Hossin Mondal and others.....................Respondents Judgment January 17, 2005. Case Re..Category: Property Law | Date: | Hits: 37
Dr. Md. Rashidul Islam Vs. Morsheda Parveen, 2005, 34 CLC (AD)
....ul Amin J.- This appeal by leave is directed against the judgment and order dated 14.11.2001 passed by a Single Bench of the High Court Division in Civil Revision No. 2519 of 2000 making the Rule absolute. 2. Short facts are that the plaintiff filed Family Court Suit No. 100 of 1998 under......d to go to their father forthwith is maintained. The appeal is accordingly disposed of without any order as to costs. Ed. This Case is also Reported in: II ADC (2005) 357. ......n her custody but the suit was dismissed. The defendant's further contention is that she has means to maintain her two sons and hence the present suit is liable to be dismissed. 4. The trial court in consideration of the materials on record decreed the suit and the court of appeal af.........Appellant Vs. Morsheda Parveen.........................Respondent Judgment January 17, 2005. Case Referred to: Md. Abu Baker Siddique Vs. M. A. Bakar and others 6 BLD (AD) 245. Lawyers Involved: Md. Nawab Ali, Advocate-on-Record - For ..Category: Family Law | Date: | Hits: 161
Md. Akkas Ali Biswas and others Vs. Ashit Kumar Mojumder and others, 2005, 34 CLC (AD)
....he Court of Senior Assistant Judge, Rajbari, rejecting the application filed under Order 7 Rule 11 of the Code of Civil Procedure. 2. The facts, in brief, are that the respondent Nos. 1 to 3 sold 1.15 acres of land by registered deed of sale dated April 27, 1983 for consideration of T......ivision is set aside. The plaint of Title Suit No. 152 of 1997 of the Court of the Senior Assistant Judge, Rajbari stands rejected. Ed. This Case is also Reported in: II ADC (2005) 253. ...... usufructuary mortgage the suit filed by the plaintiff respondent Nos. 1 to 3 and " others with prayer for treating the said deed as a usufructuary mortgage is barred by res judicata and the trial court committed error in not rejecting the plaint of the suit and the High Court Division in ......253. ..Category: Procedural Law | Date: | Hits: 75
Mobinnessa and ors. Vs. Khalilur Rahman & ors., 1985, 14 CLC (AD)
....he suit liable for dismissal on the ground of maintainability….(6) When the stranger's property is included in a suit the "stranger" must be impleaded as a party, for a person having any interest or share in the disputed property cannot be avoided by simply branding him ......ion confirming that of the lower Appellate Court is set aside and that of the trial court is restored. No order as to costs. Ed. This Case is also Reported in: 37 DLR (AD) (1985) 216. ......artition suit, namely, T.S. No.21 of 1965, has been reversed on correct appreciation of facts and proper application of law. The plaintiffs' suit, namely T.S.No.93 of 1966, was decided by the trial Court namely, the Second Court of Subordinate Judge, Barisal, on 8 July 1967. But on appeal t......37 DLR (AD) (1985) 216. ..Category: Property Law | Date: | Hits: 40
Begum Khodeza Akhter Vs. Hajera Khatun & ors., 1985, 14 CLC (AD)
....;…………….(6) The Evidence Act, 1872 (I of 1872), section 17 Admission 'Admission' is no doubt a strong evidence against sis maker, but it is also open to him to adduce evidence to show that it is not in fact an "admission' but is the re......limitation and other as to partial pre-emption, have been finally decided in favour of the Pre-emptors. No order as to costs. Ed This Case is also Reported in: 37 DLR (AD) (1985) 212. ......;……………(5) Since the learned Courts below did not determine this mixed question on the basis of the evidence, the Appellate Court sent back the cases to the trial court for disposal on taking evidence on this point only…………&hell......B. M. Khairul Huq, Advocate with him), instructed by Md. Nurul Huq, Advocate-on-Record—For the Respondent Nos.1 & 2 (In both the appeals). Ex-parte—For the Respondents Nos. 3 and 4 (In both the appeals) Substitution is exempted vide order dated 29-4-85—for the ..Category: Property Law | Date: | Hits: 35
Abdul Matin Chowdhury Vs. Chapala Rani Sen and others, 1984, 13 CLC (AD)
.... finding of the Court below in second appeal. ………………………(17) The Evidence Act, 1872 (I of 1872) Court itself is competent to compare a disputed handwriting or signature of a person with his admitted writing or signature to come to a conclusion…………………(19) Compa......ink it necessary but compared it himself with the admitted signatures under section 73 of the Evidence Act. Interference, in second appeal with this concurrent finding, Mr. Pal contends, is totally uncalled for. Mr. Pal next contends that both the trial Court and the lower Appellate Court concurre...... a question of fact and the High Court Division is not to interfere with the conclusion of the First Appellate Court on such question…………………(20) Concurrent findings of facts by the trial Court and the First Appellate Court are binding upon the High Court Division in Second Appea......l) Present: FKMA Munim CJ Badrul Haider Chowdhury J Chowdhury ATM Masud J Syed Md. Mohsen Ali J Abdul Matin Chowdhury………………………Appellant Vs. Chapala Rani Sen and others……………Respondents Judgment August 15, 1984. The Civil Procedure Code, 19..Category: Property Law | Date: | Hits: 40
Reazuddin & ors. Vs. Jatindra Kishore Malaker and others, 1984, 13 CLC (AD)
....ave is directed against the judgment and order dated 22.6.83, passed by the High Court Division, Dhaka Bench, in Civil Revision Case No.150 of 1980. 2. Rajab Ali and Ajitullah, predecessors of the present appellants filed Miscellaneous Case No. 36 of 1974, in the Court of Munsif, She...... High Court Division is set aside and that of the lower Appellate Court is restored. There will no order as to costs. Ed. This Case is also Reported in: 37 DLR (AD) (1985) 202. ......for more than 12 years and as such they have acquired a good right, title and interest in the case land. 5. On appeal, the learned Subordinate Judge, Mymensingh, affirmed the decision of the trial Court observing that whatever may be the defect with the Exts.1-2, the appellants have ......ury ATM Masud J Syed Md. Mohsen Ali J Reazuddin & ors………………………Appellants Vs. Jatindra Kishore Malaker and others…………Respondents Judgment December 4, 1984. ..Category: Property Law | Date: | Hits: 28
Shafiullah and others Vs. Sultan Ahmed Mir, 1985, 14 CLC (AD)
....ngal Tenancy Act, 1885 (VIII of 1885), section 22 (1) Doctrine of merger Complete merger is effected when the entire interest of the proprietor/permanent tenure holder is the same person. The Bengal Tenancy Act, 1885 (VIII of 1885), Section 22 (2) It provides for pa......d that of the trial Court is restored. In view of the nature of the questions involved we do not make any order as to costs. Ed. This Case is also Reported in: 37 DLR (AD) (1985) 193. ......i right, confirmation of possession and injunction and also for declaration that the relevant C.S. Khatians in favour of the defendants are wrong and without any basis. The suit was decreed by the trial Court by its judgment dated 30 September 1963; on appeal by the defendants, the trial Court's......7 DLR (AD) (1985) 193. ..Category: Property Law | Date: | Hits: 55
Syed Kawsar Ali Vs. Gahar Kazi & ors., 1985, 14 CLC (AD)
....uestion validity of the registration on the ground that the property under the deed as either did not exist or it was fictitious………………..(5) The persons affected due to registration in respect of the property, not being a party to the registration......rder of the High Court Division is set aside and those of the appellate court below restored. Ed. This Case is also Reported in: 37 DLR (AD) (1985) 177. ......strar Office purposely included a fictitious plot being Plot No.580 of Mouza Nanakpur under P.S. Kashiani and for the purpose of registration of the kabala, it was done deliberately. 4. The trial court though found that the Ext. A was a fictitious kabala inasmuch as it included a non-exi......st of a third party has been affected by fraudulent registration with an entry of fictitious non-existent property for the purpose of conferring jurisdiction in a different Sub-registration Office, and on the strength of such kabala the suit for specific performance of contract of the plaintiff w..Category: Property Law | Date: | Hits: 36
Md. Ebadullah Bepari Vs. Nikhil Chandra Das, 1985, 14 CLC (AD)
....tting aside the ex-parte decree under section 17(1) the provision of which is mandatory. This view of the learned Small Causes Court Judge has been maintained by the High Court Division which has also observed that facts of the instant case are quite distinguishable from those of the case of Benod......rt rejecting the application under Order IX, rule 13 C.P.C. The appeal is therefore dismissed. We however make no order as to costs. Ed. This Case is also Reported in: 37 DLR (AD) (1985) 174. ......security bond) even when the defect was pointed out by the respondent. In the circumstances, the learned Single Judge of the High Court Division has rightly refused to interfere with the order of the trial court rejecting the application under Order IX, rule 13 C.P.C …………………..(5) C......ellate Division (Civil) Present: FKMA Munim CJ Badrul Haider Chowdhury J Shahabuddin Ahmed J Md. Ebadullah Bepari…………………………..Appellant Vs. Nikhil Chandra Das ............................Respondent Judgment April 30, 1985. The Small Caus..Category: Tenancy Law | Date: | Hits: 159
State Vs. Md. Haroon, 1984, 13 CLC (AD)
....t given by the Appellate Division was not in accordance with the established principles of law…………(17) The order of acquittal passed by the High Court Division not being based on cogent reasons, acquittal on benefit of doubt given by the High Court Division is set aside and the appellant ......Shah Alam, Nurul Huda, Abul Bashar ultimately apprehended the accused near Village Gopal Ghata with the help of the local villagers. The villagers hit the accused with the long bamboo, sharp weapon called 'puisa' and forced him to drop the weapon and thereafter apprehended him. They tied him with ......est of the dead body which was sent for postmortem examination. Police arrested the accused and after completion of their investigation submitted charge sheet against him. 3. The trial court considered the evidence of the 11 P.Ws. and the learned Sessions judge considered the ......s well settled that in criminal matters the Appellate Division of the Supreme Court of Bangladesh does not re-open evidence unless it is shown that the inferences drawn from the evidence are perverse and the benefit of doubt given by the Appellate Division was not in accordance with the established ..Category: Criminal Law | Date: | Hits: 64
Mrs. Malekha Khatun and others Vs. Md. Abul Kashem & ors., 1985, 14 CLC (AD)
....permission. 3. Case of the contesting defendants, particularly defendant Nos.1 and 2, is that Priyabala did not abandon the holding, but her bargader, defendant No.5, possessed the land for some time and thereafter they took settlement from Priyabala herself and got possession, and accord......l-founded both in law and fact leaving no scope for interference. The appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: 37 DLR (AD) (1985) 164. ......ary Rent Roll. Their further case is that though the plaintiffs had served notice under section 87 of the B.T. Act for taking khas possession the Collector did not accept their claim. 4. The trial Court on evidence found that Priyabala did not abandon the holding and the plaintiffs did no......) (1985) 164. ..Category: Property Law | Date: | Hits: 32
Ali Jan Khan & others Vs. Bangladesh, 1984, 13 CLC (AD)
....8 of 1983 in the Court of 1st Munsif at Sadar, Chittagong on 15.2.83 for a declaration that that acquisition of land in L.A Case No. 2/82-83 is illegal, arbitrary, void and without jurisdiction and also for permanent injunction against the defendants Government of Bangladesh and others. The plaint...... that no contempt had been committed and the petition is therefore dismissed. The order of this court dated 31.10.84 is hereby vacated. Ed. This Case is also Reported in: 37 DLR (AD) (1985) 161.......ty for a public purpose and section 44 barring the jurisdiction of a Civil Court comes into play, there is no hesitation in saying that the High Court Division had correctly restored the order of the trial court. The petition is therefore dismissed……….(8) Order obtained on 31-10-1984 from t...... Court Appellate Division (Civil) Present: Badrul Haider Chowdhury J ATM Masud J Syed Md. Mohsen Ali J Ali Jan Khan & others……………Petitioners Vs. Bangladesh and others………Respondents (In Civil Petition No. 310 of 1984) Judgment November 20, 1984...Category: Property Law | Date: | Hits: 55
Mahbubur Rahman Sikder and others Vs. Mujibur Rahman Sikder and others, 1983, 12 CLC (AD)
....s are applicable in case of a review by the Appellate Division of the Supreme Court. Rule 26 prescribes 30 days for filing a review petition. The power to review is derived from the Constitution, so this power cannot be restricted in any manner whatsoever except by what has been provided in the ...... above variations in the judgment of this Court passed in the aforesaid appeals on July 13, 1982 the judgment will remain operative. Ed. This Case is also Reported in: 37 DLR (AD) (1985) 145. ......unction restraining Mahbubur Rahman Sikder and the other partners of the firm from proceeding with Title Suit No. 371 of 1980. The suits were heard together and by his order dated June 13, 1981 the trial court allowed the plaintiffs prayer for appointment of a receiver and rejected the prayer of d...... (AD) (1985) 145. ..Category: Constitutional Law | Date: | Hits: 149
32353234323232313228322732263225322432223221321932183217321432133212321132103209