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Md. Sulder Ali and another Vs. Md. Rahim Baksh and another, 2007, 36 CLC (AD)
....ided the case on correct principle of law and fact. We find no merit in this petition which is accordingly dismissed. Ed. This Case is also Reported in: VI ADC (2009) 312. ......ided the case on correct principle of law and fact. We find no merit in this petition which is accordingly dismissed. Ed. This Case is also Reported in: VI ADC (2009) 312. ......ided the case on correct principle of law and fact. We find no merit in this petition which is accordingly dismissed. Ed. This Case is also Reported in: VI ADC (2009) 312. ..Category: Property Law | Date: | Hits: 33
AMM Ali Ashraf Vs. Nurun Rashid Chowdhury, 2007, 36 CLC (AD)
....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. ......rty. Jahanara Begum died unmarried after the death of her mother, Rafiza Begum. When the settlement survey started Noor Jahan Begum was in her husband's house and hence was not aware of the survey record and she died leaving mother, husband and a son who is the plaintiff. The plaintiff came......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. ..Category: Property Law | Date: | Hits: 32
Md. Ashraful Alam Vs. Md. Nazrul Islam, 2008, 37 CLC (AD)
....by the learned Advocate for the petitioner found to have no merit and accordingly, the petition for leave to appeal is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 305. ......now the plaintiff cannot pray for a cancellation of the registered kabala deed and thus the suit is liable to be dismissed. 4. The trial Court on consideration of the materials on record decreed the suit by judgment and decree dated 13-09-2001. Being aggrieved thereby, the defen......by the learned Advocate for the petitioner found to have no merit and accordingly, the petition for leave to appeal is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 305. ..Category: Procedural Law | Date: | Hits: 77
Vickchand Miah and others Vs. Khurshida Khatun & ors., 1996, 25 CLC (AD)
.... that does not affect the substantial decision of the High Court Division. Accordingly this appeal is dismissed with costs. Ed. This Case is also Reported in: II ADC (2005) 349. ...... that does not affect the substantial decision of the High Court Division. Accordingly this appeal is dismissed with costs. Ed. This Case is also Reported in: II ADC (2005) 349. ...... that does not affect the substantial decision of the High Court Division. Accordingly this appeal is dismissed with costs. Ed. This Case is also Reported in: II ADC (2005) 349. ..Category: Property Law | Date: | Hits: 40
Bangladesh Vs. Chairman, 1st Court of Settlement, Segunbagicha, Ramna, Dhaka, 2003, 32 CLC (AD)
.... 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. ......liberation. The appellant could not produce any material to disbelieve the possession of the respondent No. 2 which he claimed on the basis of the deeds of agreement. There is also nothing on record to show that possession was taken over from the respondent No. 2 so as to list the building ...... 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. ..Category: Property Law | Date: | Hits: 38
Md. Shaha Alam Vs. Musammat Farida Begum, 1997, 26 CLC (AD)
....rders as to costs, the judgment and decree of the lower appellate court are hereby restored. Ed. This Case is also Reported in:II ADC (2005) 343; 2 MLR (AD) 153; 2 BLC (AD) 92; 17 BLD (AD) 145. ......it by fabricating a false story of marriage. 4. The plaintiff examined 5 witnesses including herself as P.W.I and the defendant examined 6 witnesses including himself as D.W. 1. After the close of recording evidence a kabinnama, marked V was produced on behalf of the plaintiff. 5. The trial Co......rders as to costs, the judgment and decree of the lower appellate court are hereby restored. Ed. This Case is also Reported in:II ADC (2005) 343; 2 MLR (AD) 153; 2 BLC (AD) 92; 17 BLD (AD) 145. ..Category: Family Law | Date: | Hits: 180
Danish Ali & others Vs. Mrs. Sakina Bai & ors., 1998, 27 CLC (AD)
....ever, any order as to cost. The impugned Judgment of the High Court Division is set aside and that of the trial court is restored Ed. This Case is also Reported in: II ADC (2005) 342. ......ever, any order as to cost. The impugned Judgment of the High Court Division is set aside and that of the trial court is restored Ed. This Case is also Reported in: II ADC (2005) 342. ......r son Samsuddin Soleman as her constituted attorney instituted the aforesaid Misc Case, under Order IX Rule 13 C.P.C. for setting aside the said ex parte decree on the ground of fraud and non service of summons. In the said Misc. Case the plaintiffs on 28.1.94 filed an application seeking f..Category: Procedural Law | Date: | Hits: 96
Surendra Nath Sarkar and another Vs. Md. Jalil Shaikh, 1997, 26 CLC (AD)
....High Court Division is set aside and the Judgment and order passed by the learned district Judge in the Misc. Case in question is restored. Ed. This Case is also Reported in: II ADC (2005) 338.......n under section 5 of the Limitation Act for condonation of delay was filed therewith. But the learned District Judge on consideration of the oral evidence of P.W. I Abdul Jalil and other materials on record refused to condone the delay upon assigning reasons that the defendant appellant petitioner c......High Court Division is set aside and the Judgment and order passed by the learned district Judge in the Misc. Case in question is restored. Ed. This Case is also Reported in: II ADC (2005) 338...Category: Limitation Law | Date: | Hits: 166
Dhaka University Vs. Syed Md. Ismail, 1995, 24 CLC (AD)
.... learned Assistant Judge, 4th Court, Dhaka passed on 28-2-90 in Title Suit No. 818 of 1987, dismissing the suit, is restored. Ed. This Case is also Reported in: II ADC (2005) 334. ......challenged unsuccessfully in the Civil Court the authority of the University to suspend him from service and for taking steps to evict him from Staff Quarter No. 40/C. Thus on the materials on record it cannot be said that the plaintiff's removal from service has been done in violation of t...... 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 from the service of the Dhaka University as a Lower Division Assistant are illegal, void and for perma..Category: Employment/Service Law | Date: | Hits: 69
Md. Badruzzaman Vs. Begum Shamima Naz Siddique and others, 1998, 27 CLC (AD)
.... set aside and the order of the learned Assistant Judge dated 13 August 1987 in Miscellaneous Case No. 2 of 1986 be restored. Ed. This Case is also Reported in: II ADC (2005) 331. ......dge, First Court, Bogra Sadar in Miscellaneous Case No. 2 of 1986 allowing the same and restoring Other Suit 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 whic...... set aside and the order of the learned Assistant Judge dated 13 August 1987 in Miscellaneous Case No. 2 of 1986 be restored. Ed. This Case is also Reported in: II ADC (2005) 331. ..Category: Property Law | Date: | Hits: 31
Nurun Nabi Mullah and others Vs. Abdul Karim alias M.A. Karim and others, 2005, 34 CLC (AD)
....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. This Case is also Reported in:II ADC (2005) 326. ......re of land out of 1.15 acres of land of C.S. Plot No. 685 to the plaintiffs by 7 different kabalas in 1969 and delivered possession of the same to them and they got their names mutated in the revenue records and have been paying rent of the land so purchased, that they filed Miscellaneous Case No. 1......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. This Case is also Reported in:II ADC (2005) 326. ..Category: Property Law | Date: | Hits: 45
Bangladesh and others Vs. Jahangir Alam and others, 1998, 27 CLC (AD)
....impugned judgment of the High Court Division as well as the order of temporary injunction passed by the trial court are set aside. Ed. This Case is also Reported in: II ADC (2005) 318. ......torney General, submits that the learned Judges of the High Court Division hopelessly failed to apply their judicial mind in passing the impugned judgment which is apparent on the face of the record in view of the fact that the trial court passed the order of temporary injunction restrainin......impugned judgment of the High Court Division as well as the order of temporary injunction passed by the trial court are set aside. Ed. This Case is also Reported in: II ADC (2005) 318. ..Category: Property Law | Date: | Hits: 34
Govt. of Bangladesh and ors. Vs. Barekunnessa and ors., 1998, 27 CLC (AD)
....cast. The impugned judgment of the High Court Division is set aside and the judgment and decree of the lower appellate court are restored. Ed. This Case is also Reported in: II ADC (2005) 297.......s had been acquired by the Government in 1941-42 for the purpose of setting up of Noakhali Sadar Head Quarters and that thereby the Government became its owner and that accordingly both R.S. and S.A. record have been prepared in the name of the Government, the lower appellate Court rightly held that......cast. The impugned judgment of the High Court Division is set aside and the judgment and decree of the lower appellate court are restored. Ed. This Case is also Reported in: II ADC (2005) 297...Category: Tenancy Law | Date: | Hits: 124
Dhaka City Corporation Vs. M/s. Abdul Kader (Pvt.) Ltd. and others, 2003, 32 CLC (AD)
....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. ......terest calculated and awarded by the trial Court is maintainable and there is no evidence to show that awarding or calculating of such interest is against any agreement or against any interest on record. In that view of the matter, we do not find any substance in the appeal. The appeal ......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. ..Category: Civil Law | Date: | Hits: 88
Sonali Bank Vs. M/S Beg and Beg Jute Incorporated Ltd. & others, 1997, 26 CLC (AD)
....fendant No. 1 was given accommodation by the plaintiff Bank to the extent Tk. 5 lakhs repayable with interest at 2¼% above Bank rate minimum 10½% on 7-4-76 and against pledge of jute goods. The limit was enhanced to Tk. 40 lakhs in 1976-77 against the pledge of jute goods and equit...... appeal is allowed without any order as to costs. The trial Court is directed to draw up a fresh decree in terms of this judgment. Ed. This Case is also Reported in: II ADC (2005) 286. ...... appeal is allowed without any order as to costs. The trial Court is directed to draw up a fresh decree in terms of this judgment. Ed. This Case is also Reported in: II ADC (2005) 286. ..Category: Property Law | Date: | Hits: 28
Mrs. Nirmala Bala Das Vs. Ganesh Chandra Dhupi, 1998, 27 CLC (AD)
....ore partition of India, Nogendra, embraced Christianity and he along with his sons, daughter and wife started living at Orakandi Mission. On the abolition of the said Mission, they left for India for good making an oral gift of the suit land in favour of defendant Nos. 1 and 2. The plaintiff is a mo...... dakhilas in question (Ext. 1) were granted in favour of the plaintiff as far back as in 1948 when registration of the transfer was not compulsory. 9. Mr. Sharifuddin Chaklader learned Advocate-on-record appearing for the appellant submits that the learned Judge of the High Court Division erred i...... impugned judgment and order of the High Court Division are set aside and the judgment and decree of the lower appellate court are restored. Ed. This Case is also Reported in: II ADC (2005) 274...Category: Tenancy Law | Date: | Hits: 163
Md. Awlad Hossain and another Vs. Joynab Bibi and another, 2004, 33 CLC (AD)
.... 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....... forwarding the memo dated 21.4.1997 to the executing Court on 22.4.1997 appellant No. 1 influenced the executing Court to stay further proceeding of the execution case but as it will appear from the records the appellant No. 1 did not at all forward the above memo to the execution court with the ...... 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...Category: Criminal Law | Date: | Hits: 51
Tafijul Huq Sarker Vs. Bangladesh and others, 1998, 27 CLC (AD)
....tion by various provisos. The petitioner can still prefer an appeal to the Board of Revenue which will no doubt consider that the time spent by the petitioner in pursuing the writ petition may be a good cause for entertaining the appeal beyond time and the petitioner will be free to agitate all ......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. ......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. ..Category: Trust/Waqf Law | Date: | Hits: 190
Md. Shamsul Haque Vs. Salenullah and others, 2003, 32 CLC (AD)
.... risk or chance of any conflicting decision. In view of the above, this appeal is allowed without any order as to cost. Ed. This Case is also Reported in: II ADC (2005) 233. ...... risk or chance of any conflicting decision. In view of the above, this appeal is allowed without any order as to cost. Ed. This Case is also Reported in: II ADC (2005) 233. ...... risk or chance of any conflicting decision. In view of the above, this appeal is allowed without any order as to cost. Ed. This Case is also Reported in: II ADC (2005) 233. ..Category: Procedural Law | Date: | Hits: 38
Dhaka Water Supply & Swearage Authority and others Vs. Matiar Rahman, 2001, 30 CLC (AD)
....post and was again put under suspension for the second time respectively by the memo. Nos. 2025 and 2026 both dated 5.11.90. 3. The Charge against the respondent was that he misappropriated goods worth taka twenty-eight lac stored in a godown of WASA by issuing a fake indent. The defence ......re numbers of illegalities for which both the impugned orders of suspension and dismissal from service must be held to be illegal. 12. In view of our above discussions about the materials on record we come to the same conclusion as that of the Courts below and find no substance in th......n 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 engineer. He joined in the service of the appellant Dhaka Water Supply and Sewerage Authority, briefly WASA and at the relevan..Category: Employment/Service Law | Date: | Hits: 73
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