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AMM Ali Ashraf Vs. Nurun Rashid Chowdhury, 2007, 36 CLC (AD)
.... Fazlul Huq, Advocate, instructed by, Md. Aftab Hossain, Advocate-on-Record-For the Respondent. Civil Petition for Leave to Appeal No. 882 of 2006. (From the judgment and order dated the 28th June, 2006 passed by the High Court Division in Civil Revision No. 2424 of 1994). ......ions of the learned Counsel for the petitioners. Accordingly, the petition is dismissed without any order as to costs. Ed. This Case is also Reported in: VI ADC (2009) 307. ......ate, instructed by Zainul Abedin, Advocate-on-Record-For the Petitioners. Fazlul Huq, Advocate, instructed by, Md. Aftab Hossain, Advocate-on-Record-For the Respondent. Civil Petition for Leave to Appeal No. 882 of 2006. (From the judgment and order dated the 28th June, 2006..Category: Property Law | Date: | Hits: 32
Vickchand Miah and others Vs. Khurshida Khatun & ors., 1996, 25 CLC (AD)
....Md. Sujjadul Huq, Advocate-on-Record - For the Appellants. Md. Aftab Hossain, Advocate-on-Record - For the Appellants. Civil Appeal No. 78 of 1992 (From the Judgment and Order dated 6 January 1992 passed by the High Court Division Dhaka in Civil Revision No. 268 of 1989) ......t. Abdul Barek never executed any heba-bil-ewaz in favour of the plaintiffs. 4. On consideration of the evidence the learned Munsif found the deed of heba-bil-ewaj to be genuine one. He then noticed utter discrepancy of evidence regarding the time, place and manner of execution of the...... The patent facts are that one Abdul Brake was the owner in possession of the suit land. He used to live with his wife plaintiff No. 1, khorsheda Khatun and her son plaintiff No. 2, Dhan Mia by her former husand. On 17 October 1983 Abdul Barek executed a deed of heba-bil-ewaz in respect of the sa..Category: Property Law | Date: | Hits: 40
Bangladesh Vs. Chairman, 1st Court of Settlement, Segunbagicha, Ramna, Dhaka, 2003, 32 CLC (AD)
.... Advocate, instructed by Md. Nawab Ali, Advocate-on-Record - For the Respondent No. 2 Not represented-Respondent No. 1. Civil Appeal No. 180 of 2001 (From the Judgment and Order dated 27.10.1997 passed by the High Court Division in Writ Petition No. 1370 of 1994.) Judg...... Division in the Writ Petition No. 1370 of 1994. In the result, the appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: II ADC (2005) 346. ...... Bench of the High Court Division in Writ Petition No. 1370 of 1994. Leave was granted by the order-dated 9.8.2000 to consider the question whether the decree obtained by respondent No. 2 in a suit for specific performance of contract in respect of a property which has been enlisted as an abandon..Category: Property Law | Date: | Hits: 38
Surendra Nath Sarkar and another Vs. Md. Jalil Shaikh, 1997, 26 CLC (AD)
....Hossain, Advocate-on-Record - For the Appellant. Ataul Huq, Advocate-on-Record - For respondent No. 1 Ex-parte-Respondent Nos. 2-8 Civil Appeal No. 13 of 1994 (From the Judgment and Order dated 20th July, 1993 passed by the High Court Division Dhaka in Civil Revision No. 2199 of 1992) ...... in question was barred by 19 days. Thus the impugned judgment of the High Court Division is patently not a proper judgment of reversal. 7. The learned District Judge appears to have taken due notice of all the revenant facts stated and grounds taken in the petition, filed under Order 41 Rule....... 4 (ka) there from. The aggrieved defendant respondent Nos. 1-4 then preferred Title Appeal No. 91 of 1990 in the Court of District Judge, Rajbari against the said decree. The appeal was dismissed for default on 20.11.91. Those defendants filed an application under order XLI Rule 19 of the Code o..Category: Limitation Law | Date: | Hits: 166
Dhaka University Vs. Syed Md. Ismail, 1995, 24 CLC (AD)
..... Abdur Rashid, Advocate, Supreme Court, instructed by Ranesh Chandra Maitra, Advocate-on-Record - For the Respondent. Civil Appeal No. 19 of 1995. (From the Judgment and Order dated 18-6-92 passed by the High Court Division in Civil Revision No. 7614 of 1991). Judgmen......peated demands made by the concerned authority he refused to vacate Staff quarter No. 40/C. On 13-8-76 (Vide Ext. 14) he was asked to show cause within 10(ten) days from the date of receipt of that notice as to why he should not be removed from service for violating the service discipline. H...... No. 112 of 1990 reversing the judgment and decree dated February 28, 1990 passed by the Assistant Judge, 4th Court, Dhaka dismissing Title Suit No. 818 of 1987. 2. The respondent's suit was for a declaration that the orders dated 3-10-85 and 18-2-86 passed against him removing him fr..Category: Employment/Service Law | Date: | Hits: 69
Md. Badruzzaman Vs. Begum Shamima Naz Siddique and others, 1998, 27 CLC (AD)
....ed by Sharifuddin Chaklader, Advocate-on-Record-For the Appellant. M. Nawab Ali, Advocate-on-Record-For the respondent. Civil Appeal No. 17 of 1995 (From the Judgment and Order dated 10 August 1994 passed by the High Court Division in Civil Revision No. 252 of 1988/123 of 198......was filed within 14 days of the order recording abatement but the High Court Division erroneously found that the application was filed after 7 months. Furthermore the High Court Division failed to notice that the application of the respondent for her addition had not been dismissed by the l......it No. 365 of 1981 to file and number after setting aside the Order dated 22 December, 1985 recording abatement of the suit. 2. One Khairunnessa was the sole defendant in the suit which was for declaration of title. She entered appearance and filed a written statement. On 20 July 1985 one..Category: Property Law | Date: | Hits: 31
Nurun Nabi Mullah and others Vs. Abdul Karim alias M.A. Karim and others, 2005, 34 CLC (AD)
....ior Advocate instructed by Md. Nurul Islam Bhuiyan, Advocate-on-Record-For Respondent No. 1. Not represented - Respondent Nos. 2-20. Civil Appeal No. 46 of 2004. (From the Judgment and Order dated July 16 2001 passed by the High Court Division in Civil Revision No. 232 of 1999) Judgment ......purchase from Barada Kanta Chakravarty in the year 1969, that the plaintiffs have admitted claim of the defendants as regard .10 acre by their purchase from Prabhat Chandra Shil, that the trial Court noticed that .08 acre of land was donated by Barada Kanta Chakravarty to the Agriculture Department ......d 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 respondent of the land measuring .3471 acre. The suit was filed seeking declaration of title..Category: Property Law | Date: | Hits: 45
Bangladesh and others Vs. Jahangir Alam and others, 1998, 27 CLC (AD)
.... the Appellants Md. Nawab Ali, Advocate-on-Record - For Respondent No. 1. Not Represented - Respondent No. 2-3. Civil Appeal No. 69 of 1997. (From the Judgment and Order dated 26 May 1997 passed by the High Court Division in F. M. A. No. 71 of 1997). Judgment ...... suit fisheries and or settling the same with any bidder pending disposal of the suit. 2. Plaintiff respondent No. 1 instituted the suit for declaration simpliciter that the tender notice dated 22.2.97 issued under the signature of the Deputy Commissioner, Netrakona in respect of......7 preferred by the appellants against the judgment and order dated 27.3.97 passed by the learned Subordinate Judge, 1st Court, Netrakona in O.C. Suit No. 3 of 1997, allowing the plaintiff's prayer for temporary injunction, under order 39 Rule 1 and 2 of the Code of the Civil Procedure, restraini..Category: Property Law | Date: | Hits: 34
Dhaka City Corporation Vs. M/s. Abdul Kader (Pvt.) Ltd. and others, 2003, 32 CLC (AD)
....dvocate, instructed by N. I. Bhuiya, Advocate-on-Record - For Respondent No. 1. Not represented - Respondent Nos. 2-4. Civil Appeal No. 138 of 2002 (From the Judgment and Order dated 31st January passed by the High Court Division in First Appeal No. 159 of 1998). Judg......the matter, we do not find any substance in the appeal. The appeal is accordingly dismissed without any order as to costs. Ed. This Case is also Reported in: II ADC (2005) 291. ......o. 159 of 1998). Judgment Mohammad Fazlul Karim J.- The defendant is the appellant in this appeal where in the leave was granted to consider the submissions of the learned Counsel for the appellant that the defendant appellant having already paid the admitted principal decreetal ..Category: Civil Law | Date: | Hits: 88
Sonali Bank Vs. M/S Beg and Beg Jute Incorporated Ltd. & others, 1997, 26 CLC (AD)
....ppellant. Dr. Rafiqur Rahman, Senior Advocate instructed by Md. Sajjadul Huq, Advocate-on-Record - For the Respondents Civil Appeal No. 53 of 1991 (From the Judgment and Order dated 1-4-90 passed by the High Court Division in F. A. No. 91 of 1987) Judgment Musta......plaintiff claimed interest pendente lite, tentatively calculated at Tk. 2,94,514.61 and filed the suit on 24-1-83 for a preliminary decree for Tk. 14 lakhs along with other prayers as already noticed. 5. Defendant Nos. 1 and 3-8 merely stated in their joint written statement that the......ivision in F. A. No. 91 of 1987) Judgment Mustafa Kamal J.- The question raised in this appeal by leave by the plaintiff appellant Sonali Bank is, whether in the instant mortgage suit for sale the plaintiff is also entitled as of law to a decree for interest both pendente lite and t..Category: Property Law | Date: | Hits: 28
Md. Awlad Hossain and another Vs. Joynab Bibi and another, 2004, 33 CLC (AD)
....iz, Advocate, instructed by Md. Nawab Ali, Advocate-on-Record–For the Respondent No. 2. Not represented - Respondent Nos. 1 & 3. Criminal Appeal No. 10 of 1999(From the Judgment and Order dated 25 March, 1999 passed by the High Court Division in Criminal Misc. (Contempt) Case No. 3861 of...... set aside but with the warning that the appellants in future should be respectful while addressing, communicating or dealing with the Court. Ed. This Case is also Reported in: II ADC (2005) 256.......appellant No. 1 was the Deputy Commissioner, West DMP, Dhaka from 21.11.1996 to 09.03.98 and appellant No. 2 was the Officer-in-Charge of Mirpur Police Station from 15.4.1996 to 29.10.1997 and the proforma respondent No. 2 was the Assistant Commissioner, Abandoned Property Management Board, Dhaka du..Category: Criminal Law | Date: | Hits: 51
Tafijul Huq Sarker Vs. Bangladesh and others, 1998, 27 CLC (AD)
....or the Appellant. Sharifuddin Chaklader, Advocate-on-Record–For the Respondent No. 2-4. Not Represented - Respondent No. 1. Civil Appeal No. 79 of 1993. (From the Judgment and Order dated 30 August 1993 passed by the High Court Division in Writ Petition No. 1432 of 1993). Judgm......er be sent back on remand to the High Court Division for disposal on merit. There shall be no order as to costs. Ed. This Case is also Reported in: II ADC (2005) 254; 4 MLR (AD) 1999, 19. ......if was then made Mutawalli in his place. After a lapse of about three years respondent Nos. 3 and 4 brought a suit, being other Class Suit No. 45 of 1985, in the Court of Assistant Judge, Thakurgaon, for removal of the appellant from the office. They also prayed for their appointment as joint Mutawa..Category: Trust/Waqf Law | Date: | Hits: 190
Dhaka Water Supply & Swearage Authority and others Vs. Matiar Rahman, 2001, 30 CLC (AD)
.... Khandker Mahbubuddin Ahmed, Senior Advocate, instructed by Sharifuddin Chaklader, Advocate-on-Record - For the Respondent Civil Appeal No. 15 of 1999 (From the Judgment and Order dated 12.31.998 passed by the High Court Division in Civil Revision No. 3077 of 1995) Judgme......ocates for the appellant and the respondent respectively for and against the aforesaid contentions. 8. The contentions of the appellant were the issues framed by the Trial Court. Trial Court noticed that the plaintiff was put under suspension with effect from 20.9.90 vide ext. 2 under sub......93 dismissing the appeal and affirming those dated 30.11.92 of the 3rd Additional Court of Assistant Judge, Dhaka, passed in Title Suit No. 59 of 1992 decreeing the suit. 2. Facts necessary for the disposal of this appeal are stated first below. Respondent Md. Matiar Rahman is an engi&sh..Category: Employment/Service Law | Date: | Hits: 73
Trading Corporation of Bangladesh Vs. Kazi Abdul Hye, 1997, 26 CLC (AD)
....ucted by Serajur Rahman, Advocate-on-Record - For the Appellant. Abdur Rab-l, Advocate-on-Record - For the Respondent. Civil Appeal No. 12 of 1996 (From the Judgment and Order dated 17-11-94 passed by the High Court Division in F.A. No. 279 of 1993) Judgment Mus......nesses and several documents and papers. By his report dated 9-6-82 the Enquiry Officer found the plaintiff not guilty of all the seven charges. Inspite of the said report a second show cause notice dated 26-12-82 was served upon the plaintiff to sow cause as to why he should not be removed......ter overpowering the night guards on duty. Night guard Abul Kashem made a G.D. Entry at Daulatpur RS. The plaintiff along with other night guards went to the residence of Senior Officers and informed them about the occurrence whereupon they all came to the place of occurrence. On being asked..Category: Employment/Service Law | Date: | Hits: 69
Falguni Majumder Vs. Mokbul Hossain Biswas & ors., 1998, 27 CLC (AD)
....te-on-Record - For the petitioner Dr. Rafiqur Rahman, Senior Advocate, instructed by Serajur Rahman, Advocate-on-Record - For Respondent No. 1 Dismissed for default vide Courts order dated 22.3.1998-Respondent Nos. 2 & 3(a)-(d). Civil Appeal No. 81 of 1992. (From ......Rule 10 C.P.C. 4. The aggrieved plaintiffs then took a revision in the High Court Division against the said appellate judgment and order and obtained a Rule. The appellant received the notice of the Rule on 4.6.88 and thereafter engaged Mr. Abdul Mannan Khan Advocate at Rangpur Bench......y Sharifuddin Chaklader, Advocate-on-Record - For the petitioner Dr. Rafiqur Rahman, Senior Advocate, instructed by Serajur Rahman, Advocate-on-Record - For Respondent No. 1 Dismissed for default vide Courts order dated 22.3.1998-Respondent Nos. 2 & 3(a)-(d). Civil Appea..Category: Property Law | Date: | Hits: 30
Hezera Khatun Vs. State, 2001, 30 CLC (AD)
....ructed by S. H. Siddique, Advocate-on-Record–For the Respondent No. 2. Not represented - Respondent Nos. 3-9. Criminal Appeal No. 5 of 2000. (From the Judgment and Order dated 20.4.1999 passed by the High Court Division in Criminal Revision No. 128 of 1996). Jud......o. 2 Mr. Khan Saifur Rahman. Learned Advocate for the respondent no. 2 admitted that the impugned judgment and order of the High Court Division was not proper and legal as being passed without notice to Hezera Khatun. In view of the admission of the learned advocate for the respondent no. 2 ...... Division in Criminal Revision No. 128 of 1996). Judgment Mohammad Gholam Rabbani J. - This appeal must be allowed, but only on a technical law point and the necessary facts strictly for its disposal are as follows: 2. Appellant Hazera Khatun along with others were put in tr..Category: Criminal Law | Date: | Hits: 42
Khairun Begum and others Vs. Abdul Malik and another, 2003, 32 CLC (AD)
.... Ali, Advocate, instructed by Ataul Hoq, Advocate-on-Record-For Respondent No. 1. Not represented - Respondent No. 2. Civil Appeal No. 83 of 1999. (From the Judgment and Order dated 12.1.1999 passed by the High Court Division in Civil Revision No. 2260 of 1998). Judgm......r passed by the appellate court in the Misc. Appeal No. 1 of 1997 does not amount to condonation of delay because the appellate court considered the point fro another angle and held that as no notice was served upon the defendants after restoration of the Misc. Case filed under Order 9,......2260 of 1998). Judgment Md. Hamidul Haque J. - The appellants were defendants in Title Suit No. 93 of 1987 of the Court of Subordinate Judge, 1st Court, Moulvibazar. The suit was filed for a decree for specific performance of contract. The plaintiff alleged that kanu Miah, the prede..Category: Civil Law | Date: | Hits: 72
Sheikh Abdur Rashid Vs. Alhaj Akram Hossain and others, 2003, 32 CLC (AD)
....Advocate, Instructed by Md. Aftab Hossain, Advocate-on-Record - For Respondent No.1. Not represented - Respondent Nos. 2-8. Civil Appeal No. 14 of 1998 (From Judgment and Order dated 11.8.1997 passed by the High Court Division in Civil Revision No. 765 of 1994) Judgmen...... appeal is allowed with cost. The judgment and decree of the High Court Division is set aside and the suit is dismissed. Ed. This Case is also Reported in: II ADC (2005) 139. ......rt Division in Civil Revision No. 765 of 1994) Judgment Md. Fazlul Hauqe J.- This appeal has arisen out of a leave granting order dated 8.1.1998 passed by this Court in Civil Petition for Leave to Appeal No. 1172 of 1997 filed against the judgment and order dated 11.8.1997 passed by..Category: Property Law | Date: | Hits: 37
Musammat Mohsena Khatun Vs. M/s. Habib Knitting Mills, 1996, 25 CLC (AD)
....ord - For the Petitioner. Khan Saifur Rahman, Advocate instructed by Sharifuddin Chaklader, Advocate on Record - For the Respondent. Civil Appeal No. 55 of 1995. (From the Judgment and Order dated 12-2-1993 passed by the High Court Division in Civil Revision No. 1346 of 1993). Judgment ...... suit premises by making illegal changes in the structures without her consent, that the suit premises is required for her personal use and occupation to prove her sons therein, that she had served notice under section 106 of the Transfer of Property Act terminating the tenancy and the defendant r...... of 1993 reversing the judgment and decree passed by the learned Assistant Judge, Narayanganj, as the S.C.C. Judge on 22.4.93 decreeing S.C.C. suit No. 1 of 1987. 2. The appellant brought the suit for eviction of her monthly tenant, the defendant respondent, from the suit premises stating, inte..Category: Tenancy Law | Date: | Hits: 154
Md. Shahjahan Mia Vs. Md. Abdul Hye, 2000, 29 CLC (AD)
....or Advocate (Habibul Islam Bhuiyan, Senior Advocate with him) instructed by Md. Sajjadul Huq, Advocate-on-Record - For the Respondent. Civil Appeal No. 105 of 1999. (Form the Judgment and Order dated 3rd November, 1999 passed by the High Court Division in Civil Revision No. 377 of 1998). Ju......ed that the appellant required the suit shop for the purpose of business of his eldest son who was unemployed. The petitioner in order to determine the tenancy and for vacating the shop room served notice under section 106 of the Transfer of property Act. 3. Respondent contested the suit by fil...... judgment and order dated 3.11.1998 of by the High Court Division made in Civil Revision No. 377 of 1998. 2. The appellant S.C. Suit No. 3 of 1997 in the Court of Assistant Judge, 2nd Court, Dhaka for eviction of the respondent from the suit shop stating that it was initially let out on 19.5.1981..Category: Tenancy Law | Date: | Hits: 172
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