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Abdul Gafur and others Vs. Md. Abdur Razzak and others, 2009, 38 CLC (AD)

....is allowed without any order as to costs. The judgment of the High Court Division is set aside and restored those of the Courts below. Ed. This Case is also Reported in: 62 DLR (AD) (2010) 242. ...... the defendants have tried to establish their title in the entire suit lands denying the plaintiffs title. 3. Defendant Nos.1-8 and 12 contested the suit by filing a joint written statement. Their case is that they exclusively owned and acquired title by adverse possession of the suit lands. A po..

Category: Tenancy Law | Date: | Hits: 174

Habibur Rahman Mollah (Ex-Member of Parliament, Dhaka 4) Vs. State and another, 2010, 39 CLC (AD)

....ances of the case. The submissions of the learned Counsel merit no consideration. The appeal is dismissed. Ed. This Case is also Reported in: 62 DLR (AD) (2010) 233; 15 MLR (AD) (2010) 175. ......mission Act, 2004 (V of 2004), sections 26 & 27 The expression ”Abuse of the process of the Court” as used in section 561A of the Code of Criminal Procedure, 1898 is generally applied to a case or proceeding which is wanting in bona fides and is frivolous or vexatious. The Inherent power ..

Category: Anti-Corruption Laws | Date: | Hits: 195

State Vs. Azizul Haque, 2008, 37 CLC (AD)

....failure of justice in acquitting Azizul Haque and others. We find no substance in this petition which is accordingly dismissed. Ed. This Case is also Reported in: VII ADC (2010) 267. ......o cut injury of the throat and dao blows by the terrorists his brother died. 3. Thereafter one Nikhil Chandra Mondol Officer-in-Charge of Rawjan Police Station took up the investigation of the case and visited the place of occurrence prepared a sketch map with index, pre­pared inquest report..

Category: Others | Date: | Hits: 63

Sohel alias Sanaullah alias Sohel Sanaullah Vs. State, 2008, 37 CLC (AD)

..... 329 of 2002 pending in the court of the learned Additional Sessions Judge, 7th Court,  Dhaka be stayed till disposal of the appeal. Ed. This Case is also Reported in: VII ADC (2010) 261. ......eal No. 2331 of 2004 with Criminal Appeal No.2282 of 2004 with Jail Appeal No.690 of 2004 in allowing the appeal and consequently, rejecting the death reference so far it relates to the send­ing the case back to the trial Court on remand for fresh trial from the stage of examination under section 3..

Category: Others | Date: | Hits: 83

Anowarul Huq Sabbir alias A.F.M. Anowarul Huq Sabhbir and another Vs. State, 2009, 38 CLC (AD)

.... the judgment and order of the High Court Division calling for interference by this Court and accord­ingly the petition is dismissed. Ed. This Case is also Reported in: VII ADC (2010) 252. ......charge of the business of their father. Distance arose between accused-petitioners in one side and their grand father Shamsuddin Talukder on another side over business and Shamsuddin Talukder started case being no G.R. No. 121 of 2000 against the accused-petitioners and the case was pending in the C..

Category: Others | Date: | Hits: 82

A.B.M. Asgar Vs. Administrator and the Chairman of the Allotment Committee, Dhaka and others, 2010, 39 CLC (AD)

....inable. There is no merit in the contentions of the learned counsel. The appeal is therefore, dismissed without any order as to costs. Ed. This Case is also Reported in: VII ADC (2010) 241. ......ver possession from the City Corporation of their respective shop rooms and thereafter, they could not complain against the allotment after accepting the process of allotment. 6. Their further case is that the affected shop keepers did not file appeal under section 155 of the Dhaka Municipal ..

Category: Property Law | Date: | Hits: 29

Md. Sona Ullah Vs. Most. Morium Bewa and others, 2010, 39 CLC (AD)

....o add additional grounds. The order of status quo granted earlier by this court shall continue till disposal of the appeal. Ed. This Case is also Reported in: VII ADC (2010) 237. ......9 of 1984 by the Assistant Judge, Kawnia Upazila is not binding upon them and recovery of khas possession of the lands described in the schedule 'Ka' to the plaint. 3. Short fact of the plaint case is that 'Kha' schedule lands measuring an area of 2.39 acres belonged to Doyel Bibi, Jasiron Bi..

Category: Property Law | Date: | Hits: 18

Mohammad Mujibul Hoque Vs. Shamsul Alam and others, 2010, 39 CLC (AD)

....tion of the learned counsel for the petitioner. There is no merit in this petition. The application is dismissed accordingly. Ed. This Case is also Reported in: VII (ADC) (2010) 233. ......vision in Civil Revision No. 2480 of 2006 affirming that dated 27th April, 2006 of the learned Joint District Judge, Patiya, Chittagong in Miscellaneous Appeal No. 114 of 2005 allowing the preemption case by reversing that dated 2nd May, 2005 of the learned Assistant Judge-in charge of Boalkhali Upa..

Category: Property Law | Date: | Hits: 21

Md. Khorshed Alam and another Vs. Mohammad Ali and others, 2009, 38 CLC (AD)

....earned Advocate for the petitioners in both of the leave petitions. Accordingly, both of the leave peti­tions are dismissed. Ed. This Case is also Reported in: VII (ADC) (2010) 223. ......on directing the added defendant Nos.3 and 4 petitioners to deliver possession of Suit Shop No. 19 of Younusco City Center in favour of the proforma respondent Nos.2 and 3. 3. The facts of the case, in short, are that the respondent No.1 as the plaintiff on 30.07.2005 instituted Other Class S..

Category: Property Law | Date: | Hits: 20

Narendra Chandra Das and another Vs. Sree Sree Gopal Bigraha and another, 2009, 38 CLC (AD)

....nt and decree dated 26.07.2004 passed by a Division Bench of the High Court Division in F. A. No. 54 of 1999 is hereby affirmed. Ed. This Case is also Reported in: VII (ADC) (2010) 216. ......n In F. A. No. 54 of 1999 affirming those dated 28.10.1998 passed by the learned Sub-Ordinate Judge, 4th Court, Dhaka in Title Suit No.102 of 1992 Decreeing the suit. 2. Facts involved in this case, in short, are that the plaintiffs-respondents instituted suit being Title Suit No.102 of 1992 ..

Category: Property Law | Date: | Hits: 29

S. M. Hossain and others Vs. Lahazuddin and others, 2009, 38 CLC (AD)

....il Petition for Leave to Appeal Nos. 94-95 of 2005 are also disposed of in terms of the judgment in this civil appeal. Ed. This case is also Reported in: VII (ADC) (2010) 206; 9 ADC (2012) 510. ......ge, 1st Court, Chittagong in Other Class Suit No.96 of 1996 rejecting the application of the instant petitioner under Order 7, Rule 11 (d) of the Code of Civil Procedure. 2. Facts involved in this case, in short, are that the respondent Nos. 1-6 as plaintiffs instituted a suit on 25.08.1996 being..

Category: Tenancy Law | Date: | Hits: 185

Janata Bank Vs. M/S. Natun Pragoti Paribahan Sangstha and oth­ers, 2009, 38 CLC (AD)

.... order as to costs. The appellant may however consider the prayer of the respondents in accordance with law if found tenable. Ed. This Case is also Reported in: VII (ADC) (2010) 201. ......ppellate Division (Civil) Present: MM Ruhul Amin CJ Md. Tafazzul Islam J Md. Abdul Matin J Md. Abdul Aziz J Janata Bank...........Appellant (all the cases) Vs. M/S. Natun Pragoti Paribahan Sangstha and oth­ers………..Respondents ..

Category: Banking Law | Date: | Hits: 98

Tanvir Ul Islam Vs. General Manger, Credit Information Bureau, Bangladesh Bank, 2009, 38 CLC (AD)

.... report has been prepared accordingly. We find substance in this submission. Accordingly these leave petitions are dis­missed. Ed. This Case is also Reported in: VII (ADC) (2010) 197.......preme Court Appellate Division (Civil) Present: MM Ruhul Amin CJ Md. Abdul Matin J Md. Abdul Aziz J Tanvir Ul Islam……………Petitioner (In all cases) Vs. General Manger, Credit Information Bureau, Bangladesh Bank, Motijheel Comme..

Category: Business or Commercial Law | Date: | Hits: 216

Dr. S. M. Eunus Ali, Free Friday Clinic Vs. Joint District Judge and Artha Rin Adalat, Second Court of Bagerhat and another, 2009, 38 CLC (AD)

....sion committed no illegali­ty in discharging the Rule. We find no substance in this petition which is accordingly dismissed. Ed. This Case is also Reported in: VII (ADC) (2010) 194. ......2003 against the defendant petitioner and defendant respon­dent No.3 before the respondent No.1 for realization of Tk.47,89,412/-. The defendant petitioner filed written statement denying the plaint case. The defence case is that under small  industrial loan BISIC on 18.05.1994 by sanction letter ..

Category: Others | Date: | Hits: 84

Anath Chandra Barman Vs. Government of Bangladesh, 2009, 38 CLC (AD)

....t the lease as prayed for. In such view of the matter we find no substance in this petition which is accord­ingly dismissed. Ed. This Case is also Reported in: VII (ADC) (2010) 191. ......t the lease as prayed for. In such view of the matter we find no substance in this petition which is accord­ingly dismissed. Ed. This Case is also Reported in: VII (ADC) (2010) 191. ..

Category: Property Law | Date: | Hits: 26

Director General of Food, 16 Abdul Goni Road, Dhaka-1000 Vs. Al-Falah Shipping Lines Limited and others, 2009, 38 CLC (AD)

....ation for addition of party. We find no substance in this petition which is accordingly dismissed with the above observation. Ed. This Case is also Reported in: VII (ADC) (2010) 189. ......ation for addition of party. We find no substance in this petition which is accordingly dismissed with the above observation. Ed. This Case is also Reported in: VII (ADC) (2010) 189. ..

Category: Others | Date: | Hits: 356

Md. Nazrul Islam and another Vs. Secretary, Ministry of Public Works, the People's Republic of Bangladesh, 2009, 38 CLC (AD)

....ion committed no illegality in dismiss­ing the appeal. We find no substance in this petition which is accordingly dismissed. Ed. This Case is also Reported in: VII (ADC) (2010) 186. ......y the defendants and accordingly a demand note was also issued in his name. Sona Miah has been in possession with the plaintiffs. 7. Later on, one Maleka Begum in the name of Sona Miah filed a case in the Court of set­tlement claiming the ownership of the suit property being Settlement Case ..

Category: Property Law | Date: | Hits: 23

Md. Enam Hossain Vs. Kayesh Miah and others, 2009, 38 CLC (AD)

....ted to prepare the paper book out of Court in accordance with Rules. The petitioner is permitted to add addi­tional grounds. Ed. This Case is also Reported in: VII (ADC) (2010) 184. ......ted to prepare the paper book out of Court in accordance with Rules. The petitioner is permitted to add addi­tional grounds. Ed. This Case is also Reported in: VII (ADC) (2010) 184. ..

Category: Trust/Waqf Law | Date: | Hits: 200

Md. Fazlul Haque Vs. Abdul Malek alias Maya Miah and another, 2009, 38 CLC (AD)

....Court reject­ing the prayer for enlargement of time. We find no substance in this petition which is accordingly dismissed. Ed. This Case is also Reported in: VII ADC (2010) 181. ......7 passed by the learned Senior Assistant Judge, Sadar, Sylhet in Miscellaneous Case No.18 of 2006 rejecting the application for setting aside the order dated 11.03.2007 dismissing the miscella­neous case. 2. The facts, in short, are that the respon­dents herein as plaintiffs instituted S.C...

Category: Property Law | Date: | Hits: 29

Kazi Ali Ahmed Vs. Mohammad Nurunnabi and others, 2009, 38 CLC (AD)

....ngs of the Courts below. In the premises we do not find any merit in the application. Accordingly, the leave petition is dis­missed. Ed. This Case is also Reported in: VII (ADC) (2010) 137. ......i­dences on record and after proper assessment of the evidences on record came to its finding that the plaintiffs by producing the title deeds and Khatians as well as the oral evidences proved their case of title and possession and that in view of the set­tled principle of law that in exercising r..

Category: Property Law | Date: | Hits: 37