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Md. Abdus Samad and others Vs. Md. Mukbal Hossain Mondal and others, 2008, 37 CLC (AD)
....trict Judge, Rangpur in Other Appeal No. 110 of 1998 reversing those dated 09.07.1998 passed by the Senior Assistant Judge, Mithapukur in Other Suit No.74 of 1995 decreeing the suit. 2. The facts of the case, in short, are that the plaintiffs instituted Other Suit No.74 of 1995 in the Cou......vision (Civil) Present: MM Ruhul Amin CJ Mohammad Fazlul Karim J Md. Tafazzul Islam J Md. Joynul Abedin J Md. Abdul Matin J Md. Abdus Samad and others…………………………&hell......ubstance in the submissions of the learned Advocate for the petitioners. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 320. ..Category: Property Law | Date: | Hits: 28
A.H.M. Quamruzzaman and others Vs. Rajdhani Unnayan Kartripakkha (RAJUK), 2008, 37 CLC (AD)
....This petition for leave to appeal is directed against the judgment and order dated 16.06.2008 passed by the High Court Division in Writ Petition No. 4383 of 2007 discharging the Rule. 2. The facts, in short, are that the respondent Nos. 3 and 4 being the President and Secretary of the......me Court Appellate Division (Civil) Present: MM Ruhul Amin CJ Md. Tafazzul Islam J Md. Joynul Abedin J Md. Abdul Matin J A.H.M. Quamruzzaman and others…………………………..Petition......ondents are directed to ensure the same by implementing their undertaking. With this observation the leave petition is disposed of. Ed. This Case is also Reported in: VI ADC (2009) 316. ..Category: Property Law | Date: | Hits: 38
Md. Sulder Ali and another Vs. Md. Rahim Baksh and another, 2007, 36 CLC (AD)
....ptee petitioner is directed against the judgment and order dated 10.04.2006 passed by the High Court Division in Civil Revision No. 6292 of 2002 discharging the Rule on contest. 2. The facts, in short, are that the pre-emptee petitioner No.1 challenged the judgment and other dated 12......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)
....eal is directed against the judgment and order dated 28.06.2006 passed by the High Court Division in Civil Revision No. 2424 of 1994 in fixing the date of hearing by a Division Bench. 2. The facts of the case are that the plaintiffs filed Title Suit No.31 of 1995 in the 2nd Court of S......vil) Present: Mohammad Fazlul Karim J Md. Tafazzul Islam J Md. Joynul Abedin J A. M. M. Ali Ashraf being dead his heirs; 1(Ka) Khodeja Ashraf alias Khodeja Yasmin and others…….Petitioner Vs. Nurun Rashid Chowdhury……&hel......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. ......ip;…………………….Respondents Judgment March 20, 2008. Lawyers Involved: Farooq Ahmed, Advocate, instructed by Bivash Chandra Biswas, Advocate-on-Record-For the Petitioner. Not Represented- the Respondent. ......error in making the Rule absolute considering that onus was upon the defendant to prove that the plaintiff as a pardanashin lady was aware of the deed by misreading and non-considering the valuable evidence of the plaintiff (P.W.1) which was not at all considered by the trial Court, inasmuch as,..Category: Procedural Law | Date: | Hits: 77
Vickchand Miah and others Vs. Khurshida Khatun & ors., 1996, 25 CLC (AD)
.... those dated July 1986 of the Munsif, Belabo in Title Suit No.6 of 1985. In this appeal, defendant Nos. 1-3 are the appellants while plaintiff Nos. 1 and 2 are the respondents. 2. The patent facts are that one Abdul Brake was the owner in possession of the suit land. He used to live with h...... Present: ATM Afzal CJ Mustafa Kamal J Latifur Rahman J Mohammad Abdur Rouf J Bimalendu Bikash Roy Choudhury J Vickchand Miah and others..........Defendant-Appellants Vs. Khurshida Khatun & ors ..........es of Abdul Barek on 12 February, 1984 under the provisions of the Registration Act. 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 utte..Category: Property Law | Date: | Hits: 40
Bangladesh Vs. Chairman, 1st Court of Settlement, Segunbagicha, Ramna, Dhaka, 2003, 32 CLC (AD)
....t the original allotee and in that suit the Government of Bangladesh was also defendant. The suit was decreed and on execution of the decree, he got a kabala through the court. Considering all the facts and circumstances specially considering the fact that the petitioner of the case i.e. Md. Zia...... represented by the Secretary Ministry of Works, Bangladesh Secretariat Building, Dhaka......... Appellant. Vs. The Chairman, 1st Court of Settlement, Segunbagicha, Ramna, Dhaka and others.........Respondents. Judgment July 8, 2003. Case Referred to- ......ion 10 provides that a Court of settlement shall, after such inquiry as it may deem necessary and after giving reasonable opportunity to the parties concerned of being heard and also adducing evidence, both oral and documentary, may make such decision as it deems fit. In the instant case, t..Category: Property Law | Date: | Hits: 38
Md. Shaha Alam Vs. Musammat Farida Begum, 1997, 26 CLC (AD)
....of 1908); section 115 Without reversing the findings of the courts below on the grounds mentioned in section 115 CPC, the High Court Division has no jurisdiction to disturb the final findings of facts. It cannot superimpose itself as a third court for fresh appreciation of evidence. That is n...... appeared with the leave of the Court) instructed by Sharifuddin Chaklader, Advocate-on-Record-For the Appellant. In person- the Respondent. Civil Appeal No. 50 of 1996. (From the Judgment and Order dated June 1,1995 passed by the High Court Division in Civil Revision No. 1471 of 1994). ......e grounds mentioned in section 115 CPC, the High Court Division has no jurisdiction to disturb the final findings of facts. It cannot superimpose itself as a third court for fresh appreciation of evidence. That is not its function in the revisional jurisdiction...................................Category: Family Law | Date: | Hits: 180
Danish Ali & others Vs. Mrs. Sakina Bai & ors., 1998, 27 CLC (AD)
....e No. 89 of 1987, directing defendant respondent No. 1 Mrs. Sakin Bai to appear in court personally at the time of hearing of the said case for her examination in Court. 2. The relevant facts are that the plaintiff appellants on 31.12.86 got an ex parte decree in Title Suit No. 203 of......, Advocate instructed by Md. Nowab Ali, Advocate-on-Record - For the Respondent No. 1. Not represented-Respondent Nos. 2-8. Civil Appeal No. 5 of 1998. (From the Judgment and Order dated 27-7-1997 passed by the High Court Division in Civil Order No. 2929 of 1997). ......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. ..Category: Procedural Law | Date: | Hits: 96
Surendra Nath Sarkar and another Vs. Md. Jalil Shaikh, 1997, 26 CLC (AD)
....iff appellants is from the judgment and order dated 20.7.93 passed by a learned Single Judge of the High Court Division in Civil Revision No. 2199 of 1993 making the rule absolute. 2. The relevant facts are that the plaintiff appellants got a contested decree of permanent injunction on 30.8.90 in......reme Court Appellate Division (Civil) Present: ATM Afzal CJ Mustafa Kamal J Latifur Rahman J Mohammad Abdur Rour J Bimalendu Bikash Roy Choudhury J Surendra Nath Sarkar and another.......Plaintiff-Appellant Vs. Md. Jalil Shaikh @ M.A. Jalil & ors...................ct Judge allowed the application filed by the defendant respondents under order XLI Rule 19 C.P.C, holding inter alia, that the learned District Judge did not take into consideration the material evidence that during the period from 18.11.91 to 6.12.91 the appellant, Abdul Jalil, who used to mak..Category: Limitation Law | Date: | Hits: 166
Dhaka University Vs. Syed Md. Ismail, 1995, 24 CLC (AD)
....versity") framed under the Dhaka University Ordinance, 9161 (East Pakistan Ordinance No. XXIII of 1961) which stood repealed as a whole by P.O. No. 11 of 1973. 3. Relevant facts in short are as follows:- On May 5, 1976 the Respondent forcibly occupied S......l) Present: Mustafa Kamal J Muhammad Abdur Rouf J Mohammad Ismailuddin Sarker J Dhaka University represented by its Vice-Chancellor, Dhaka University, Dhaka and another..........Defendant- Appellants. Vs. Syed Md. Ismail........................... 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. ..Category: Employment/Service Law | Date: | Hits: 69
Md. Badruzzaman Vs. Begum Shamima Naz Siddique and others, 1998, 27 CLC (AD)
....dgment and order were sustainable. 5. Mr. M. A. Wahab Mia, the learned Advocate for the appellant submits that the learned Judge of the High Court Division misconceived the facts of the case and the order of the learned Assistant Judge and wrongly set aside the same. The ...... Latifur Rahman J Mohammad Abdur Rouf J Bimalendu Bikash Roy Choudhury J Md. Badruzzaman.......................,.....Appellant Vs. Begum Shamima Naz Siddique and others..............Respondents Judgment December 7, 1998. Lawyers In...... yet been disposed of. It is also a fact that the alleged existence of a daughter of Khairunnessa was canvassed for the first time before he High Court Division and that also without any support of evidence. Again all throughout haziras were filed before the trial court on behalf of the deceased ..Category: Property Law | Date: | Hits: 31
Nurun Nabi Mullah and others Vs. Abdul Karim alias M.A. Karim and others, 2005, 34 CLC (AD)
....nd. 6. The defendant Nos. 1 and 2 went on appeal. The appellate Court on detailed discussion of the evidence upon arriving at the finding that the trial Court did not commit any error of law and facts in decreeing the suit in preliminary form and declaring title of the plaintiffs to the exten...... as to costs. Ed. This Case is also Reported in:II ADC (2005) 326. ......anta Chakravarty, that defendants failed to prove Ext. E by competent witness and that on the basis of Ext. F defendants have not acquired any interest in the land of plot No. 685, that there is no evidence from the side of the defendants that Prabhat Chandra Shil Acquired title in respect of .61 ..Category: Property Law | Date: | Hits: 45
Govt. of Bangladesh and ors. Vs. Barekunnessa and ors., 1998, 27 CLC (AD)
....ernment for not taking physical possession therein in accordance with law, the lower appellate court acted illegally in dismissing the suit. 7. Leave was granted to consider as to whether in the facts and circumstances of the learned Single Judge of the High Court Division was justified in cons.............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)
....ent of interest is discretionary but should not be refused in the absence of proper reason and in exercising discretion it must be reasonable. The rate of interest should also be equitable in the facts and circumstances of the case. The exercise of discretion depends on many facts including ...... Mainur Reza Chowdhury CJ Mohmmad Fazlul Karim J Syed JR Mudassir Husain J Dhaka City Corporation ...........Appellant Vs. M/s. Abdul Kader (Pvt.) Ltd. and others....Respondents Judgment April 15, 2003. Result: The appeal is ......laintiff demanded excess payment the same was not accepted. The present appellant denied the claim of the plaintiff as made in the plaint. 4. After examination of both oral and documentary evidence the trial Court decreed the suit directing that the plaintiff is entitled to an amount of T..Category: Civil Law | Date: | Hits: 88
Sonali Bank Vs. M/S Beg and Beg Jute Incorporated Ltd. & others, 1997, 26 CLC (AD)
....um from the date of the decree till realisation of the same. The High Court Division has failed to properly construe order 34 of the Code of Civil Procedure and has failed to properly construe the facts of the present case as also the decisions in the case of Dawoodbhai Kassamji Matiwalla vs. Sh...... ATM Afzal CJ Mustafa Kamal J Latifur Rahman J Mohammad Abdur Rouf J Bimalendu Bikash Roy Choudhury J Sonali Bank.............Appellant Vs. M/S Beg and Beg Jute Incorporated Ltd. & others...................Respondents Judgment No...... 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)
.... 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....... (Civil) Present: ATM Afzal CJ Mustafa Kamal J Latifur Rahman J Mohammad Abdur Rouf J Bimalendu Bikash Roy Choudhury J Mrs. Nirmala Bala Das..........Appellant Vs. Ganesh Chandra Dhupi………….Respondent Judgment August 11, 1998. Lawyers Involved: Sharifudd......No. 2 thereat ended to dispossess her from the suit land. As a result she filed an absolutely false suit upon creating some ante dated dakhilas. 5. The Trial Court decreed the suit believing the evidence of P.Ws and Ext. 1 series, the dakhilas holding, inter alia, plaintiff’s right, title, in..Category: Tenancy Law | Date: | Hits: 163
Md. Awlad Hossain and another Vs. Joynab Bibi and another, 2004, 33 CLC (AD)
.... the execution case arose, is pending before the court of District Judge, Dhaka the process server then on the same day at about 2 P. M. submitted report to the executing Court disclosing the above facts; the appellant No. 1 on 22.4.97 also sent a copy of the above memo dated 21.4.97 to the execut...... This Case is also Reported in: II ADC (2005) 256....... 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
Dhaka Water Supply & Swearage Authority and others Vs. Matiar Rahman, 2001, 30 CLC (AD)
....d find no substance in the contentions upon which leave was obtained by the appellant WASA. This appeal is dismissed with costs. Ed. This Case is also Reported in: II ADC (2005) 231. ......vil) Present: Mahmudul Amin Choudhury CJ Mainur Reza Chowdhury J Mohammad Gholam Rabbani J Md. Ruhul Amin J Dhaka Water Supply & Swearage Authority and others.........................Appellants Vs. Matiar Rahman............................ (iii) That the High Court Division acted wrongly in finding fault with the authority for not verifying the disputed signature of the respondent in the indent in question vis-a-vis the evidence of the six witnesses before the domestic enquiry committee. (iv) That the High Cour..Category: Employment/Service Law | Date: | Hits: 73
Trading Corporation of Bangladesh Vs. Kazi Abdul Hye, 1997, 26 CLC (AD)
....ity. Then what about the exercise made by the punishing authority? Will his finding go in vain? Will the trial Court and on appeal the High Court Division become a fresh arena for determination of facts which were concluded in a domestic tribunal? Will the Civil Court substitute its own fin......ellant Vs. Kazi Abdul Hye .........Respondent Judgment May 29, 1997. Cases Referred to- Md. Bashirullah vs. Bangladesh, 1981 BLD (AD) 198; Union of India and others vs. Mohd. Ramzan Khan, 1991 (1) SCC 588. Lawyers Involved: Dr. Rafiqur Rah......he TCB godown then it will be presumed that he had not misappropriated the milk food in question and that he would be entitled to the reliefs as prayed for. Then the trial Court discussed the evidence on record and came to the conclusion that the plaintiff failed to prove that there was any..Category: Employment/Service Law | Date: | Hits: 69
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