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Md. Nurul Alam Miah and others Vs. Md. Idris Ali, 2009, 38 CLC (AD)
....ming the order dated 10.04.2006 passed by the Assistant Judge, 6th Court Dhaka in Title Execution Case No.4 of 2004 rejected the Application for appointment of advocate Commissioner. 2. The facts of the case, in short, are that the plaintiff instituted the Title Suit No. 253 of 1998 in t......9) 605. ......ind no substance in the submissions of the learned Counsel for the petitioner. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 605. ..Category: Property Law | Date: | Hits: 33
Md. Shoukat Ali Howlader and others Vs. Nur Box Howlader and others, 2008, 37 CLC (AD)
....nate Judge, Barisal in Title Appeal No. 93 of 1998 setting aside those dated 26.02.1998 passed by the Assistant Judge, Muladi, Barisal in Title Suit No. 97 of 1985 decreeing the suit. 2. The facts of the case, in short, are that the plaintiffs filed Title Suit No. 97 of 1985 in the Court ...... (Civil) Present: MM Ruhul Amin CJ Mohammad Fazlul Karim J Md. Tafazzul Islam J Md. Joynul Abedin J Md. Abdul Matin J Md. Shoukat Ali Howlader and others…....... Defendant-petitioners Vs. Nur Box Howlader and others&helli......ed in her name and she took over possession to the said land and thereafter her successor-in-interest, the defendants, have been possessing the said land. In view of such categorical assertions and evidence as adduced by them onus squarely lies upon the plaintiffs to prove that the R.S. and S.A. ..Category: Property Law | Date: | Hits: 24
Chitta Ranjan Roy Vs. Dhirendra Nath Roy and others, 2008, 37 CLC (AD)
...., Bagerhat in Title Appeal No.14 of 1989 reversing those dated 27.12.1988 passed by the Assistant Judge, Chitalamari in Title Suit No.11 of 1987 decreeing the suit for partition. 2. The facts of the case, in short, are that suit schedule lands belonged to original owner Mritunjoy who......nul Abedin J Md. Abdul Matin J Chitta Ranjan Roy……………………………Petitioner Vs. Dhirendra Nath Roy and others………………Respondents Judgment July 2......4 ever had exercised his right, title and possession in the suit property before making transfer of the same by exhibit-10 and wrongly found his saleable right without adverting to the total evidence on record; that the findings of the appellate Court as to fact of death of Debicharan befo..Category: Property Law | Date: | Hits: 27
Md. Azizur Rahman Vs. Alatun Bewa alias Jahanara Bewa and others, 2008, 37 CLC (AD)
....rrived at a correct decision. We therefore find no reason to interfere with the same. The petition is accordingly dismissed. Ed. This Case is also Reported in: VI ADC (2009) 597. ......l Matin J Md. Azizur Rahman…………………………………Petitioner Vs. Alatun Bewa alias Jahanara Bewa and others.............Respondents Judgment July 30, 2008. Lawyers involved: ...... learned Advocate-on-Record for the petitioner submits that the High Court Division erred in not considering that the pre-emption case is bad for defect of parties. He further submits that from the evidence on record the learned trial court found that the claim of the pre-emptor is barred by waiv..Category: Property Law | Date: | Hits: 26
Abdul Gafur Vs. Mariom Bibi and others, 2009, 38 CLC (AD)
....manbaria in Title Appeal No.78 of 1995 reversing the judgment and decree dated 18.01.1996 passed by the learned Subordinate Judge, 1st Court, Brahmanbaria in Title Suit No.03 of 1993. 2. The facts, in short, are that the predecessor of the petitioner, Abdul Gafur as plaintiff institu......d. Abdul Matin J Md. Abdul Aziz J Abdul Gafur being dead his heirs, Md. Mujibur Rahman………………….Petitioner Vs. Mariom Bibi and others…..................................Respondents Judgment March 12, 20...... of fact has been affirmed by the High Court Division. We find no substance in this petition which is accordingly dismissed. Ed. This Case is also Reported in: VI ADC (2009) 591. ..Category: Property Law | Date: | Hits: 25
Md. Yunus Vs. Abul Kalam others, 2009, 38 CLC (AD)
....ons of the learned Advocate for the petitioner and find no merit in the leave petition. The leave petition is thus dismissed. Ed. This Case is also Reported in: VI ADC (2009) 584. ......ed by A.K.M. Shahidul Huq, Advocate-on-Record-For Respondent No.1-4. Not represented-Respondent No. 5-26. Civil Petition for Leave to Appeal No. 382 of 2008. (From the judgment and order dated10.12.2007 passed by the high Court Division in Civil Revision No.42 of 2004.) ......ons of the learned Advocate for the petitioner and find no merit in the leave petition. The leave petition is thus dismissed. Ed. This Case is also Reported in: VI ADC (2009) 584. ..Category: Property Law | Date: | Hits: 22
Abdul Halim and another Vs. Sheikh Abdullah and others, 2008, 37 CLC (AD)
.... the Rule upholding the order dated 02.11.1999 passed by the Subordinate Judge, Arbitration Court, Dhaka in Title Suit No.66 of 1997 accepting the report of the Advocate Commissioner. 2. The facts of the case, in short, are that Sobhan Matbar and Nazari Bibi were the owners of the plot in......upreme Court Appellate Division (Civil) Present: MM Ruhul Amin CJ Mohammad Fazlul Karim J Md. Joynul Abedin J Md. Abdul Matin J Abdul Halim and another……………………………......he case and calls for interference by this Court. 5. The report of the Advocate Commission is merely a piece of evidence in the suit which the Court may consider along with other evidence in the suit in order to arrive at a consideration on a fact in the suit. The defendan..Category: Property Law | Date: | Hits: 30
Syedur Rahman Chowdhury Vs. Monowara Begum and others, 2008, 37 CLC (AD)
....tioner herein could not make out any case of review in this application. Accordingly, the review petition is rejected. Ed. This Case is also Reported in: 14 MLR (AD) (2009) 576. ...... Ruhul Amin CJ Mohammad Fazlul Karim J Md. Tafazzul Islam J Md. Joynul Abedin J Md. Abdul Matin J Syedur Rahman Chowdhury being dead his heirs; Kulsuma Begum and others…… ........Petitioners Vs. Monowara Be...... submitted that the High Court Division took note of the infirmity of the judgment of Court of Appeal below to the effect that conclusion drawn by the Court of Appeal below does not emerge from the evidence on record and under the circumstance the High Court Division rightly reversed the judgmen..Category: Property Law | Date: | Hits: 26
Mahbubur Rahman Miah Vs. MA Kabir Chowdhury and others, 2009, 38 CLC (AD)
....n in Civil Revision No.4178 of 2005 making the Rule absolute. 2. Short facts as placed before the High Court Division are that the opposite party challenged the impugned......l Abedin J Mahbubur Rahman Miah……………………………………Petitioner Vs. MA Kabir Chowdhury and others………………...Respondents Judgment Janu......Court Division upon correct assessment of the materials on record arrived at a correct decision. The petition is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 573. ..Category: Property Law | Date: | Hits: 25
Md. Ijal Uddin Munshi Vs. Mst. Rokeya Khatun and another, 2009, 38 CLC (AD)
....enior Assistant Judge, Harinakundu, Jhenaidhah in Family Suit No.17 of 2005 allowing the application for D.N.A. test of the plaintiffs and defendant filed by the plaintiffs. 2. The facts of the case, in short, are that the plaintiff filed Family Suit No.17 of 2005 before the Ass......sent: Mohammad Fazlul Karim J Md. Tafazzul Islam J Md. Joynul Abedin J Md. Ijal Uddin Munshi ………..Petitioner Vs. Mst. Rokeya Khatun and another……..Respondents Judgment January 19, 2009. Lawyers Inv......ned Advocate-on-Record for the petitioner is directed to file an affidavit-in-compliance of this order within the aforesaid period. Ed. This Case is also Reported in: VI ADC (2009) 571. ..Category: Family Law | Date: | Hits: 280
Nazmul Huda Chowdhury Vs. Janata Bank and another, 2008, 37 CLC (AD)
....tion for leave to appeal is directed against the judgment and order dated 11th February, 2007 passed by the High Court Division in Civil Revision No.1724 of 1998 making the Rule absolute. 2. Short facts as placed before the High Court Division are that the suit building a four storied building si......ate Division (Civil) Present: MM Ruhul Amin CJ Mohammad Fazlul Karim J Md. Joynul Abedin J Nazmul Huda Chowdhury……………………………..Petitioner Vs. Janata Bank and another...............................Respondent Judgment December 18, 2008. Result: ...... that the High Court Division upon correct assessment of the materials on record arrived at a correct decision. The petition is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 569...Category: Property Law | Date: | Hits: 28
H.B.M. Iqbal Vs. Md. Shirajul Islam and others, 2009, 38 CLC (AD)
....to appeal is directed against the judgment and order dated 18.06.2008 passed by the High Court Division in Company Matter No.145 of 2005 allowing the application with some directions. 2. The facts, in short, are that the respondent Nos.1 and 2 as petitioners filed an application under sec...... (Civil) Present: MM Ruhul Amin CJ Md. Abdul Matin J Md. Abdul Aziz J H.B.M. Iqbal .........................Petitioner Vs. Md. Shirajul Islam and others ....................Respondents Judgment April 12, 2009. Lawyers I......17. We find no illegality in the order calling for interference by this court and accordingly the leave petition is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 565. ..Category: Business or Commercial Law | Date: | Hits: 193
Md. Qamrul Islam and others Vs. Md. Abdul Wazed Miah and another, 2008, 37 CLC (AD)
.... no illegality or infirmity in the above decision so as to call for any interference. The petition is dismissed. Ed. This Case is also Reported in: 14 MLR (AD) (2009) 561. ......on (Civil) Present: MM Ruhul Amin CJ Mohammad Fazlul Karim J Md. Tafazzul Islam J Md. Joynal Abedin J Md. Abdul Matin J Md. Qamrul Islam and others…………………........Petitioners Vs ...... then preferred Civil Revision No. 2825 of 2002 and the High Court Division after hearing, discharged the Rule. 4. The learned counsel for the petitioner submitted that in the absence of any evidence to the effect that the defendant No.1, the elder brother, allowed the plaintiff, the youn..Category: Property Law | Date: | Hits: 22
Noor Jahan Begum and another Vs. Golam Mostafa and others, 2009, 38 CLC (AD)
....udge, 6th Court Dhaka in Title Suit No.221 of 2004 rejecting an application of respondent Nos.1-11 filed under Order I rule 10(2) of the Code of Civil Procedure for addition of party. 2. The facts of the case, in short, are that the land measuring 30 decimals in the C.S. Plot No. 883 of C......ourt Appellate Division (Civil) Present: MM Ruhul Amin CJ Mohammad Fazlul Karim J Md. Tafazzul Islam J Md. Joynul Abedin J Noor Jahan Begum and another………………….Petitioners Vs. Go......Court Division is not proper judgment of affirmance inasmuch as the High Court Division has not controverted the judgment of the Court of Appeal and trial court below on consideration of evidence on record. The learned Advocate finally submitted that in a suit for specific performance ..Category: Property Law | Date: | Hits: 25
Mohsena Akter Khatun Vs. Chairman, First Court of Settlement, Bangladesh & others, 2008, 37 CLC (AD)
....he house in Buildings and in such cases, the onus in on the claimant of the property to prove that the property is not an abandoned property and the Government has no obligation either to deny the facts as alleged by the claimant or to disclose the basis of treating the property as abandoned pr......n J Md. Abdul Matin J Mohsena Akter Khatun……………………Petitioner Vs. Chairman, First Court of Settlement, Bangladesh and others…….......Respondents Judgment August 6, 2008. Lawyers I......inal owner, that is the vendor of the petitioner, were absent in the first 8 pages of the sale deed and there some other anomalies in the signature of the parties and taking into consideration the evidence, both oral and documentary, the Court of Settlement held that the house in Buildings and i..Category: Property Law | Date: | Hits: 26
M.A. Aziz Vs. Bangladesh, 2008, 37 CLC (AD)
....rty and to award cost of the suit and to pass such other and further order or orders as court may deem fit and proper as per law and equity. 3. The plaintiff-respondent considering the facts and circumstances of the case filed a petition for transfer of the suit to High Court Divisio...... Md. Abdul Matin J M.A. Aziz………………..............Petitioner Vs. Bangladesh represented by the Secretary, Ministry of Housing and Public Works, Bangladesh Secretariat, Ramna, Dhaka and another.......Respondents. Judgme......wered in our judgment. We therefore find no cogent reason to review the same. Accordingly, the review petition is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 547. ..Category: Property Law | Date: | Hits: 23
Sonali Bank Limited Vs. Md. Abdul Aziz and another, 2009, 38 CLC (AD)
....k and therefore the application do not merit any consideration. Accordingly the application for leave to appeal is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 541. ...... Md. Joynul Abedin J Shah Abu Nayeem Mominur Rahman J Sonali Bank Limited represented by its Managing Director & another....Petitioners Vs. Md. Abdul Aziz and another…………………………..............k and therefore the application do not merit any consideration. Accordingly the application for leave to appeal is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 541. ..Category: Administrative Law | Date: | Hits: 166
Janata Bank Vs. Mr. Fazlul Hoq and another, 2008, 37 CLC (AD)
....t the judgment and order dated 5 June, 2007 passed by the Administrative Appellate Tribunal, Dhaka in Administrative Appellate Tribunal Appeal No. 55 of 2002 dismissing the appeal. 2. Short facts are that the appellant Md. Fazlul Haq joined in the service of Janata Bank on 27.01.73 as a c......e Division (Civil) Present: MM Ruhul Amin CJ Md. Tafazzul Islam J Md. Joynul Abedin J Md. Abdul Matin J Janata Bank, represented by its Chairman, and another....Petitioners Vs. Mr. Fazlul Hoq and another...................................erials on record. We find no infirmity in the judgment of the Administrative Appellate Tribunal. The petition is dismissed. This Case is also Reported in: 14 MLR (AD) (2009) 217. ..Category: Administrative Law | Date: | Hits: 175
Alam Uddin alias Shapan Vs. State, 2009, 38 CLC (AD)
....in the above decision of the High Court Division so as to call for any interference. The petition is dismissed. Ed. This Case is also Reported in: 14 MLR (AD) (2009) 301. ......lved: Md. Helaluddin Mollah, Advocate- For the Petitioner. S. M. Abdul Mobin, Deputy Attorney General-For the Respondent. Jail petition No.19 of 2007. (From the judgment and order dated 22.11.2005 passed by the High Court Division in Death Reference No.112 of 2003). ......High Court Division accepted the death reference holding that admittedly on the night following 1.12.1997 the victim lived with the petitioner in his house and the dead body was found there and the evidence on record does not show that the petitioner took any step for the treatment of the victim ..Category: Criminal Law | Date: | Hits: 50
Commissioner of Customs Vs. Cab Express (BD) Limited and others, 2008, 37 CLC (AD)
....red the question of maintainability of the writ petitions and arrived at a finding that by not availing the alternative remedy provided under section 193 of the Customs Act, there is no bar under the facts and circumstances of the writ petition to indicate the grievance under the writ jurisdiction.......in CJ Mohammad Fazlul Karim J Md. Joynul Abedin J Md. Abdul Matin J Commissioner of Customs, Customs House, Benapole, Jessore...........Petitioner Vs. Cab Express (BD) Limited and others…..........................Respondents Judgment December 4, 2008. Result: ......mission of the learned Advocate for the petitioners. The petitions are dismissed. Ed. This Case is also Reported in: 14 MLR (AD) (2009) 294; 64 DLR (AD) (2012) 100; 20 BLT (AD) (2012) 60. ..Category: Fiscal/Taxation Law | Date: | Hits: 72
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