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Giasuddin Chowdhury & anr Vs. Military Estate Officer, Central Circle, Dhk, 2008, 37 CLC (AD)
....or leave to appeal is directed against the judgment and order dated 2nd December, 2007 passed by the High Court Division in Civil Revision No. 1810 of 2005 making the Rule absolute. 2. Short facts are that plaintiffs instituted Title Suit No. 324 of 1999 in the Court of Assistant Judge, 2n......ellate Division (Civil) Present: Md. M.M.Ruhul Amin CJ Md. Tafazzul Islam J Md. Abdul Matin J Subeder Major (Rtd.) Giasuddin Chowdhury and another …….......Petitioners Vs. Military Estate Officer, Central C......any cogent reason to differ with the judgment of the High Court Division. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 248. ..Category: Property Law | Date: | Hits: 22
Harunullah Akhand Vs. Abdul Latif & others, 2006, 35 CLC (AD)
....o appeal is directed against the judgment and order dated 26.06.2005 passed by a Single Bench of the High Court Division in Civil Revision No. 3214 of 1997 making the Rule absolute. 2. Short facts are that the plaintiff instituted Title Suit No.76 of 1992 in the Court of Additional A......rted in: VI ADC (2009) 243. ......rect decision. There is no cogent reason to interfere with the same. Accordingly, the leave petition is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 243. ..Category: Property Law | Date: | Hits: 34
Mojibar Matubbar and others Vs. Abdul Hamid Matubbar, 2008, 37 CLC (AD)
....fers legal infirmity and is liable to be set aside. The appeal is therefore allowed without any order as to costs. Ed. This Case is also Reported in: VI ADC (2009) 238. ......llate Division (Civil) Present: M.M. Ruhul Amin CJ Md. Tafazzul Islam J Md. Joynul Abedin J Md. Abdul Matin J Mojibar Matubbar and others ..........Appellants Vs. Abdul Hamid Matubbar being dead his heirs Md. Az......ision and obtained rule. Subsequently the High Court Division made the rule absolute concurring with the finding of the learned Munsif that the defendants produced no documentary or oral evidence in respect of the money decree dated 8.1.1923 obtained in the money suit filed by Karam Sh..Category: Property Law | Date: | Hits: 25
Raghunath Sarker Vs. Ramnath Sarker, 2008, 37 CLC (AD)
....ge of the High Court Division in revision. 7. Before entering into details, we may be permitted to state that the trial Court (Assistant Judge) found to have considered all the material facts relevant for disposal of the suit. As against this, the learned Additional District Judge-the......ondent Judgment July 1, 2008. Lawyers Involved: Alhaj Giasuddin Ahmed, Advocate, instructed by Md. Aftab Hossain, Advocate-on-Record-For the Appellant. Bivash Chandra Biswas, Advocate-on-Record-For the Respondent. Civil Appeal No. 37 of 2004 (Fr......d that the plaintiff was notified a decision as regards limitation and acquiescence could have been taken. It is further found by the Additional District Judge, that the very important and primary evidence as regard limitation, plaintiffs knowledge and bonafide of the signature of Haridas (fathe..Category: Property Law | Date: | Hits: 24
Shahabuddin and others Vs. Mahtab Uddin & others, 2006, 35 CLC (AD)
....al is directed against the Judgment and order dated 05.03.2005 passed by a Single Bench of the High Court Division in Civil Revision No.3195 of 1998 making the Rule absolute. 2. Short facts are that the plaintiffs instituted Title Suit No. 269 of 1966 in the Court of Munsif(now Ass......229. ......bdur Razzak, the learned Counsel for the respondent Nos.1 and 3 and perused the judgment of the High Court Division and other connected papers. 6. The High Court Division held that from the evidence on record it is clear that defendant Abdul Haque resided in the suit land for over 35 year..Category: Property Law | Date: | Hits: 23
Md. Ashrafuzzaman & others Vs. Bangladesh Chemical Industries Corporation & ors, 2007, 36 CLC (AD)
....e to appeal is directed against the judgment and order dated 13.07.2005 passed by a Division Bench of the High Court Division in Writ Petition No. 4388 of 2003 discharging the Rule. 2. Short facts are that the 60 writ petitioners by filing 6 writ petitions challenged their orders of p......i. Md. Wahidullah, Advocate-on-Record-For Respondent No. 2. Not represented-Respondent Nos. 1, 3-5. Civil Petition for Leave to Appeal No. 1634 of 2005. (From the judgment and order dated 13.07.2005 passed by the High Court Division in Writ Petition No. 4388 of 2003.) ...... correct assessment of the materials on record arrived at a correct decision. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 226. ..Category: Employment/Service Law | Date: | Hits: 76
Ranju Roy and other Vs. Jibesh Ranjan Roy and others, 2007, 36 CLC (AD)
....r infirmity in the decision of the High Court Division so as to call for any interference. The petition is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 223. ...... Supreme Court Appellate Division (Civil) Present: Mohammad Fazlul Karim J Md. Tafazzul Islam J Md. Joynul Abedin J Ranju Roy and other…….............Petitioners Vs. Jibesh Ranjan Roy and others&h......-registry Office and further the plaintiff had failed to produce any document at the trial to show that the land included in the kabala belonged to Arun Chandra Shil nor any evidence is available on recorded to show that the said land belonged to ..Category: Property Law | Date: | Hits: 22
Bangladesh Vs. Md. Abdur Rob and others, 2005, 34 CLC (AD)
....irst Appeal No.79 of 1990 is sent back to the High Court Division for disposal on merit. There is no order as to costs. Ed. This Case is also Reported in: VI ADC (2009) 219. ...... Md. Ruhul Amin J M. M. Ruhul Amin J Md. Tafazzul Islam J Government of the People's Republic of Bangladesh, represented by the Deputy Commissioner, Comilla and others ..........Appellants Vs. Md. Abdur Rob and others ...........Respondents. ......rection that the suit should be disposed of after giving adequate opportunities to the parties. 3. Leave was granted on the submissions that the suit having been dismissed upon taking evidence and the High Court Division having not found that for complete adjudication of the di..Category: Civil Law | Date: | Hits: 107
Mst. Sufia Khanam Mst. @ Sufia Khatun & another Vs. Md. Abdul Rouf @ Tara Miah, 2007, 36 CLC (AD)
.... genuineness of the deed. The High Court Division accordingly held that the document in question is a forged one and it was created by the defendant by false personification. 7. In the above facts and circumstances of the case and in view of the discussion made above, we are of the view t......te-on-Record-For the Petitioner (Appeared with the leave of the Court). Not represented- the Respondents. Civil Petition for Leave to Appeal No. 182 of 2006. (From the judgment and order dated 13.12.2005 passed by the High Court Division in Civil Revision No.2716 of 2001.) ......tiff and as such the document is a forged one. The High Court Division further held that the judgment of the Court of appeal is based on gross misreading and non-consideration of the material evidence on record and also on misconception of law. As a result there has been miscarriage of jus&..Category: Property Law | Date: | Hits: 20
Md. Amzad Hossain alias Khoka Vs. Dr. A.K.M. Mobarak Hossain, 2007, 36 CLC (AD)
.... on record arrived 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) 212. ......vil) Present: Md. Joynul Abedin J Md. Abdul Matin J Md. Amzad Hossain alias Khoka……………..Petitioner Vs. Dr. A.K.M. Mobarak Hossain being dead his legal heirs: 1. Jahanara and others .......Respondents Judgment December 4, 2007. Lawyers Involved: Abdul Quayum,......im as party. The aforesaid decree is not binding upon him and the instant suit is liable to be dismissed in favour of defendant No.1. 4. The trial Court after considering both oral and documentary evidence on record dismissed the suit by a judgment and decree dated 30.08.1994. The plaintiff there..Category: Property Law | Date: | Hits: 26
Abu Yousuf and others Vs. Md. Hanif, 2008, 37 CLC (AD)
....orrect 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) 209, 16 MLR (AD) (2011) 413. ...... Reported in: VI ADC (2009) 209, 16 MLR (AD) (2011) 413. ......93 is also false, fraudulent and fabricated and the plaintiff is not in exclusive possession of the suit land. Hence the suit is liable to be dismissed. 4. The trial court on consideration of the evidence and materials on record decreed the suit by judgment and decree dated 20.7.2003 restraining..Category: Property Law | Date: | Hits: 26
Md. Murtoza Ali & anr Vs. Renu Bibi @ Saifur Nessa & ors., 2007, 36 CLC (AD)
....of the High Court Division in both the leave petitions. 8. The learned Counsel for the petitioners submits that the finding of fact arrived at by the appellate court being the final court of facts, the High Court Division had no jurisdiction to disturb the final finding of facts without re......li, Advocate instructed by Md. Nawab Ali, Advocate-on-Record-For Respondent No.1 (In both the cases). Not represented-Respondent Nos. 2-6. Civil Petition for Leave to Appeal Nos. 1055 and 1056 of 2006. (From the judgment and order dated 29.03.2006 passed by the High Co......e within four months of the date of knowledge of the transfer, but the court of appeal made out a case of waiver and acquiescence from the so called attending circumstances without reference to any evidence that the pre-emptor participated in the talk of sale or consented to the transfer. ..Category: Property Law | Date: | Hits: 25
Afazuddin Mollah and others Vs. Sadhan Chandra Roy, 2007, 36 CLC (AD)
.... suit is liable to be dismissed with cost. 5. A.K.M Shafiqul Alam, learned Advocate appearing for the petitioners submits that the High Court Division due to misconception of law as well as facts passed the impugned judgment and order which is liable to be set aside in the interest o......9) 193. ......n petitioners claimed the suit land as their ancestral properties as well as vide some Registered and settlement deeds which clearly exhibited and proved by the plaintiff by giving proper evidence; that after perusing the deeds filed by the plaintiff it is crystal clear that by way of 5..Category: Property Law | Date: | Hits: 21
Manager, Satgaon Rubber Bagan & Ors. Vs. Chairman, 2nd Labour Court, Ctg., 2007, 36 CLC (AD)
....ial Relations Ordinance, 1969. 2. All the three leave petitions arose out of the same judgment; these were heard analogously and are being disposed of under this judgment. 3. The facts leading to the leave petitions are that all the respondents in three writ petitions as first ...... (Civil) Present: Md. Ruhul Amin C J M.M. Ruhul Amin J Md. Tafazzul Islam J Md. Abdul Matin J The Manager, Satgaon Rubber Bagan, Srimangal, Moulavi Bazar and another................Petitioners (In Civil Petition No. 1203 of 2005) General Ma......ve facts and circumstances we find no merit in the leave petitions. Accordingly all the three petitions are dismissed. Ed. This Case is also Reported in: VI ADC (2009) 190. ..Category: Labour and Industrial Law | Date: | Hits: 65
Mahadeb Chandra Mondal and other Vs. Rebati Sarder and others, 2007, 36 CLC (AD)
....inate Judge, 4th Court, Khulna in Title Appeal No. 286 of 1998 reversing those dated 27.08.1998 passed by the learned Assistant Judge, Paikgacha, Khulna in Title Suit No. 139 of 1994. 2. The facts of the case are that the plaintiffs instituted Title Suit No. 139 of 1994 in the Court o...... Case is also Reported in: VI ADC (2009) 186. ......on 115(1) of the Code of Civil Procedure and in not interfering with the judgment and decree of reversal as passed by the appellate Court below based on misreading and non-consideration of the evidence on record, particularly, the pieces of documentary evidence, contained in the records..Category: Property Law | Date: | Hits: 23
K.K.K. Garments Limited Vs. Islamic Bank Bangladesh Limited and others, 2007, 36 CLC (AD)
....So, all the petitioners are individually and collectively liable to pay the principal amount of Tk. 3,56,3827-77/- with profits, compensation and other expenses as claimed. Considering all the facts and circumstances it appears that the bank exhausted all process in accordance with law...... Present: Md. Ruhul Amin CJ Mohammad Fazlul Karim J M.M. Ruhul Amin J K.K.K. Garments Limited…......Petitioner Vs Islamic Bank Bangladesh Limited and others…........Respondents Judgment August 13, 2007. Lawyers Invol......nt No.1 submitted that the learned Subordinate Judge and Artha Rin Adalat committed a grave error of law in decreeing the suit partially though the appellant has proved the case by sufficient evidence both oral and documentary and, as such, the appellant is legally entitled to get a decree ..Category: Banking Law | Date: | Hits: 97
Taj Din Vs. Mrs. Razia Begum Alvi and others, 1973, 2 CLC (AD)
....ot liable to be set aside. 14. It seems to me that the learned Custodian has fallen into an error in coming to the conclusion that the learned Additional Custodian had not applied his mind to the facts of the case and had not treated the above application moved by the respondent No. 1 as that of......ahman CJ Sajjad Ahmad Jan J M. R. Khan J Waheeduddin Ahmad J Taj Din...........................................Appellant. vs. Mrs. Razia Begum Alvi and others.................Respondents Judgment December 15, 1970. The Paki......stodian and the Custodian dated the 8th April, 1958 and the 3rd July, 1958 respectively. While granting permission the learned Additional Custodian observed as under:— "There is satisfactory evidence on record that the Appellant has already paid Rs. 16000/- to her brother who had agreed to ..Category: Property Law | Date: | Hits: 28
Lala Ghand Sarder Vs. Abdul Huq and others, 2007, 36 CLC (AD)
....Rule affirming the judgment and order passed by the High Court Division in Civil Revision No. 230 of 1987. 2. The facts of the case are that respondent Nos.1 and 2 filed the Miscellaneous Case No. 46 of 1984 for p...... also Reported in: VI ADC (2009) 150. ......stance 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) 150. ..Category: Property Law | Date: | Hits: 20
Haji Safiuddin Ahmed Vs. The Administrator of Waqf and others, 2007, 36 CLC (AD)
....e headed by its President Haji Mohiuddin Ahmed. Accordingly a Waqf Inspector prepared a myth biased inquiry report on 05.08.2003. The petitioner submits that this inquiry report was not based upon facts and the same is malafide. The petitioner filed a written objection on 05.08.2003 against the ......nt: Mohammad Fazlul Karim J Md. Joynul Abedin J Md. Hassan Ameen J Haji Safiuddin Ahmed ...........................Petitioner Vs. The Administrator of Waqf and others.........Respondents Judgment December 11, 2007. Cases Referred To- ...... we do not find any substance in this application for leave to appeal. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: 6 LG (AD) (2009) 105. ..Category: Trust/Waqf Law | Date: | Hits: 173
M/s Six Star Corporation, Proprietor Haji Mozahar Sowdager Vs. Bangladesh, 2004, 33 CLC (AD)
....pliance to the order passed by this Division on 30-03-2003 in C.P.L.A. No. 118 of 2003 in order to get permission to remove the vessel in question from Mongla Port to Chittagong Port. 2. The facts in the application for direction to respondent No. 9 Mongla Port Authority relevant for our ......tar Corporation, Proprietor Haji Mozahar Sowdager………………Petitioner Vs. Government of Bangladesh Represented by the Secretary, Ministry of Food and others……..........Respondents Judgment October 27, 2004. Case......e do no find any substance in the submission of the learned Counsel for the petitioner. The petition is dismissed. Ed. This Case is also Reported in: 6 LG (AD) (2009) 81. ..Category: Admiralty Law or Maritime Law | Date: | Hits: 199
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