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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)
.....2001 passed 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 o......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
Md. Baker Miah and others Vs. Shamsun Nahar Begum, 2006, 35 CLC (AD)
....Judgment July 16, 2006 Lawyers Involved: A. J. Mohammad Ali, Attorney General, instructed by Md. Nawab Ali, Advocate-On-Record- For the Appellants Abdul Wadud Bhuiyan, Senior Advocate, instructed by A.S.M. Khalequzzaman, Advocate-On-Record- For the Respondent ...... 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)
....d. Vs. Messrs. Dewan and Co. and others, 7 DLK (WP) 65. Lawyers Involved: Moinul Huq, Advocate instructed by Sharifuddin Chaklader, Advocate-on-Record—For the Appellant. Asrarul Hossain, Senior Advocate (CSS Halder, Senior Advocate with him) instructed by Ranesh Chandra Maitra, Advocate......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
Parveen Banu @ Purnima & others Vs. Bangladesh House Building Finance Corporation, 1990, 19 CLC (AD)
....1819) 1 Bligh 1 (21): Douglas Menzies Vs. Umphelby 1908 AC 224 (232); PLD 1971 (SC) 376(390-391); Ganges Manufacturing Co. Vs. Sourajmull, ILR 5 (Cal) 669. Lawyers Involved: Dr. Kamal Hossain, Senior Advocate (Shah Abu Nayeem Mominur Rahman, Advocate with him), instructed by Sharifuddin Chakl......gment and decree as they are. In view of the discussion above, both the appeals are dismissed without any order as to costs. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 234. ..Category: Property Law | Date: | Hits: 95
Al-haj Ahmed Hossain Khan Vs. Rezaur Rahman and others, 1990, 19 CLC (AD)
....a supporting evidence. The defendants have no burden to prove their alternative story with regard to the creation of Ext.4…………………(17) Lawyers Involved: Khandker Mahbubuddin Ahmed, Senior Advocate (Mahbubey Alam, Advocate with him) instructed by Md. Sajjadul Huq, Advocate-on-R......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
Abul Khair Vs. State, 2005, 34 CLC (AD)
..............Appellant Vs The State……………... Respondent Judgment June 21, 2005 Lawyers Involved: Mujibur Rahman, Senior Advocate, instructed by Md. Nawab Ali, Advocate-on-Record- For the Appellant &nbs......learned Session Judge Chandpur in Sessions Case No. 8 of 1989 is set aside and the appellant is acquitted and he is set free, if not wanted custody in connection with any other case. Ed. ..Category: Criminal Law | Date: | Hits: 52
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
Md. Yousuf & others Vs. Administrator of Waqf and others, 2005, 34 CLC (AD)
....ator of Waqf and others…….......Respondents Judgment June 20, 2005. Result: The appeal is allowed with costs at all stages. Lawyers Involved: A.B.M. Nurul Islam, Advocate, Senior instructed by Md. Aftab Hossain, Advocate-on-Record- For the Appellants. Mustafa Niaz Moha......ckground of the discussions made hereinabove we find merit in the appeal. Accordingly the appeal is allowed with costs at all stages. Ed. This Case is also Reported in: 11 MLR (AD) 2006, 50. ..Category: Trust/Waqf Law | Date: | Hits: 228
Md. Biseruddin Sardar & others Vs. Md.Tofazzal Hossain Biswas & others, 2004, 33 CLC (AD)
....er side on the question of its genuineness...............(15) Lawyers Involved: Shahabuddin Ahmed, Advocate, instructed by N.I. Bhuiyan, Advocate-on-Record-For the Appellants. Abdus Samad, Senior Advocate, instructed by Firoz Shah, Advocate-on-Record- For Respondent Nos. 1-3. Not Repr......n acted illegally in interfering with the findings and decision of the court of appeal. The appeal is, therefore, allowed without any order as to costs. Ed. This Case is also Reported in: ..Category: Property Law | Date: | Hits: 26
Abu Naser Mohammad Wahidun Nabi and another Vs. Jatindra Mohan Roy and others, 2004, 33 CLC (AD)
....rs, AIR 1943 PC 208; Sardar Gurbakhsh Singh Vs. Gurdial Singh and another AIR 1927, PC. 230; Mt. Jahan Ara Begum Vs. A.L. Md. Shamsul Hoque, 27 DLR (AD) 129. Lawyers Involved: Mahmudul Islam, Senior Advocate (Md. Ozair Farooq, Senior Advocate and Probir Neogi, Advocate with him) instructed b......of no merit because of the established rule that at first plaintiff is to prove his case and then onus shifts upon the defendants to establish his contention or to disprove plaintiff’s case. ..Category: Tenancy Law | Date: | Hits: 194
M/s. Sonali Aansh Trading (Pvt.) Ltd & anr Vs. M/s Birla Tyres & ors, 2005, 34 CLC (AD)
....s, 8 MLR AD 74. Lawyers Involved: Abdur Rob-1, Advocate, instructed by Md. Nawab Ali, Advocate-on-Record-For the Petitioners. Rafiqul-Ul-Huq, Senior Advocate instructed by A.K.M Shahidul Huq, Advocate-on-Record- For Respondent No. 1. &n......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)
...., 2005 Lawyers Involved: Abdur Razzak khan, Additional Attorney General, instructed by Mr.A.H.M Shahidul Huq, Advocate-on-Record- For the Appellants Abdul Wadud Bhuiyan, Senior Advocate, instructed by N. I. Bhuiyan, Advocate-on-record- For Respondent No. 1. Disp......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
M A Wahab, Advocate Vs. State, 1989, 18 CLC (AD)
....cate and also assurance given that no such repetitions will occur and the impugned findings emanated from such wrong, be expunged…………………..(6 & 8) Lawyers Involved: T.H. Khan, Senior Advocate, (M. A. Wahab Miah, Advocate, with him) instructed by Md. Aftab Hossain, Advocate-on......ts. The paragraphs quoted above will be treated as expunged from the judgment in question. The petition is thus disposed of. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 223. ..Category: Criminal Law | Date: | Hits: 55
New Ideal Engineering Works Ltd. Vs. Bangladesh Shilpa Bank and ors., 1990, 19 CLC (AD)
.... relief can be had under both the Articles………………………………(8) Case Referred to- Ocean Industries Ltd. Vs. IDBP 18 DLR (SC) 354. Lawyers Involved: Md. Moksudur Rahman, Senior Advocate, instructed by Md. Aftab Hossain, Advocate-on-Record— For the Petitioner. S R P......imed by the Bank is not disputed by the petitioner, we do not find any merit in the contention raised. The petition is dismissed. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 221 ..Category: Banking Law | Date: | Hits: 117
B. D. Habibullah Vs. Election Commission and others, 1989, 18 CLC (AD)
.... the election commission………..(3) Case Referred to- Vine Vs. National Dock Labour Board, 1956 Volume 3 All England Law Reports 939-1956 AC 488. Lawyers Involved: Dr. Kamal Hossain, Senior Advocate, M.A. Wahab Miah, Advocate with him, instructed by Md. Aftab Hossain, Advocate-on-Re......ed order was the order that emanated from the Election Commission as such. In the result, this petition is, therefore, dismissed. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 218...Category: Election Law | Date: | Hits: 146
Fairtech Limited & ors. Vs. Bangladesh Shilpa Bank, 1989, 18 CLC (AD)
....lling for public tender or non-compliance with other rules (in case of sale by private negotiation) have no effect on the impugned sale………………(8) Lawyers Involved: Dr. Kamal Hossain, Senior Advocate (Mahmudul Islam, Advocate with him) instructed by Kazi Ebadul Hoque, Advocate-on-Rec......pliance with other rules (in case of sale by private negotiation) have no effect on the impugned sale. The petition is dismissed. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 216. ..Category: Banking Law | Date: | Hits: 94
Principal Secretary, President's Secretariat, Dhaka & ors. Vs. Mahtabuddin Ahmed, 1990, 19 CLC (AD)
.... such cases…………………(7) Lawyers Involved: A.W. Bhuiyan, Additional Attorney-General, instructed by B. Hossain, Advocate-on-Record— For the Petitioners. Shamsul Huq Chowdhury, Senior Advocate, instructed by Shamsul Haque Siddique, Advocate- on-Record—For the Respondent. ...... the observation referred to above but that is no binding part of the High Court Division's judgment. The petition is dismissed. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 214. ..Category: Criminal Law | Date: | Hits: 53
Mahmudul Alam Mantu Vs. Sanwar Hossain Talukder & ors., 1990, 19 CLC (AD)
.... 40 CWN 124; Amir Sultan Vs. Md. K. Alam 29 DLR (SC) 295; Ruhul Amin Vs. District Judge, 38 DLR (AD) 172; Jamal Shah Vs. Election Commission, PLD 1966 (SC)1 (26). Lawyers Involved: T.H. Khan, Senior Advocate (Abdul Wahhab, Advocate with him) instructed by Md. Aftab Hossain, Advocate-on-Recor....... The writ petition will be heard as a motion as soon as the business of the Court permits. There will be no order as to costs. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 211. ..Category: Election Law | Date: | Hits: 102
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