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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. ...... petitioner is that there was a shalish and as per verdict of shalish the petitioner gave Tk. 5,000/- to the pre-emptor and the pre-emptor promised not to file any pre-emption case for the land in question, but the petitioner failed to prove such assertion in any court and all the courts below c......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..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. ......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. ......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..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. ...... existence of the deed and hence the suit. 3. The defendant No. 1 contested the suit by filling written statement, stating, that to meet the cost of treatment, the plaintiff sold the land in question in favour of defendant No. 1 and the deed was executed and registered on receiving th......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. ......ts of the impugned Kabala who was not an heir to Abdul Barek on account of his mother being alive and that the deceased Abdul Barek left behind several heirs who, far from presenting the kabala in question for registration, were not been notified. The learned Munsif therefore came to the co...... 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..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. ......gainst the judgment and order dated 27.10.1997 passed by a Division 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 con......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..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. ......nt. The defendant contested the suit by filing a written statement denying the alleged marriage itself. The defense case is that the plaintiff is a divorcee and mother of one child and that she is of questionable character. She, her parent and her other relations with a view to black mailing the def......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..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. ......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..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.......d also arrived at findings that defendant Nos. 1,2 and 4 viz the Government of Bangladesh, the ADC (Revenue), Rajbari and the Supt. of vested and non resident property Rajbari preferred the appeal in question through the Government pleader, Rajbari, Mr. Abdul Wajed Biswas and that no cause was shown......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..Category: Limitation Law | Date: | Hits: 166
Dhaka University Vs. Syed Md. Ismail, 1995, 24 CLC (AD)
....University Ordinance, 1961 or Statutes, University Ordinances and Regulations made thereunder. Article 59(2) has not saved the Second Statutes. 9. After the repeal of the Ordinance of 1961 no identical re-enactment on the subject of the said Second Statutes has yet been made. Thus upon an ......1983 for default. He was then again directed to vacate the quarter. He then filed Title Suit No. 445 of 1984 and obtained an order of temporary injunction from being evicted from the quarter in question which was also subsequently dismissed. On 10-9-1985 he was again asked to show cau......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..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. ...... 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. ......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 ..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. ......ned the claim except .2909 acre of land consumed for the road. Once the land is acquired it vests in the government through the requiring body and it does not matter whether it is used or not and the question of abandonment is unknown to the Emergency Requisition of Property Act, 1948 under which th......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..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. ......the learned Judges of the High Court Division failed to notice that the plaintiff's lease of the suit fisheries had already expired on the 30 Chaitra 1403 B. S. and thereby there could be no question of continuation of his lease or restraining the defendants from accepting tender for ......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.......ed the suit alleging, inter alia, that the Government had acquired the suit land. The plaintiffs being in possession are entitled to obtain lease in preference to anybody else. As such the lease in question granted to defendant no. 1 by the Government is illegal and not binding upon the plaintiffs......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..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. ......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. ......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 ..Category: Civil Law | Date: | Hits: 88
Sonali Bank Vs. M/S Beg and Beg Jute Incorporated Ltd. & others, 1997, 26 CLC (AD)
.... 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. ......spondents 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 Mustafa Kamal J.- The question raised in this appeal by leave by the plaintiff appellant Sonali Bank is, whether in the i......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..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.......oduced before the High Court Division was prepared long after the settlement of the suit land in favour of the plaintiff and that Gopalgonj Pourashave was established in 1972 where as the dakhilas in question (Ext. 1) were granted in favour of the plaintiff as far back as in 1948 when registration o...... 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....... 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....... 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..Category: Criminal Law | Date: | Hits: 51
Tafijul Huq Sarker Vs. Bangladesh and others, 1998, 27 CLC (AD)
....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. ......the constraint upon the appellant to vacate his office of Mutawalli. 5. In the Cases of Nuruaazman Chowdhury (supra) a Division Bench of the Dhaka High Court had the occasion to consider the same question as here in a similar situation. Sattar J (as he then was) speaking for the court answered i......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. ......; 9. An amendment may be allowed at any stage of the proceeding to alter or amend the pleading in such manner and on such terms as may be just and necessary for the purpose of determining the real question in controversy between the parties. The trial Court disallowed part of the prayer for amend...... 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)
....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. ......appropriated goods. (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. ......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. ..Category: Employment/Service Law | Date: | Hits: 73
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