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Md. Sulder Ali and another Vs. Md. Rahim Baksh and another, 2007, 36 CLC (AD)

....dated 12.10.2002 passed by learned Joint District Judge, 2nd Court, Kurigram in Miscellaneous Appeal No. 2 of 2000 affirming judgment and order dated 30.11.1999 passed by learned assistant Judge, Sadar Kurigram in mis­cellaneous Case No. 48 of 1996 allowing pre-emption. 3. The pre-emp......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. ...... Mvi. Md. Wahidullah, Advocate-on-Record-For Respondent No. 1. Not represented-Respondent No. 2. Civil Petition for Leave to Appeal No. 1229 of 2006 (From the judgment and order dated the 10.04.2006 passed by the High Court Division in Civil Revision No. 6292 of 2002). ......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)

.... 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. ......oners. Fazlul Huq, Advocate, instructed by, Md. Aftab Hossain, Advocate-on-Record-For the Respondent. Civil Petition for Leave to Appeal No. 882 of 2006. (From the judgment and order dated the 28th June, 2006 passed by the High Court Division in Civil Revision No. 2424 of 19......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)

.... petition for leave to appeal is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 305. ......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. ......ed by Bivash Chandra Biswas, Advocate-on-Record-For the Petitioner. Not Represented- the Respondent. Civil Petition for Leave to Appeal No. 1332 of 2007. (From the judgment and order dated the 25-07-2007 passed by the High Court Division in Civil Revision No. 1837 of 2003). ......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)

....sp;                 Present: ATM Afzal CJ Mustafa Kamal J Latifur Rahman J Mohammad Abdur Rouf J Bimalendu Bikash Roy Choudhury J Vickchand Miah and others..........De...... 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. ...... January 1992 passed by the High Court Division Dhaka in Civil Revision No. 268 of 1989) Judgment Bimalendu Bikash Roy Chodhury J.- This appeal by leave arises out of the judgment and order dated 6 January 1992 passed by a Single Bench of the High Court Division, Dhaka making the Ru...... 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. ..

Category: Property Law | Date: | Hits: 40

Bangladesh Vs. Chairman, 1st Court of Settlement, Segunbagicha, Ramna, Dhaka, 2003, 32 CLC (AD)

.... any order as to costs. Ed. This Case is also Reported in: II ADC (2005) 346. ...... 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. ...... and Order dated 27.10.1997 passed by the High Court Division in Writ Petition No. 1370 of 1994.) Judgment Md. Hamidul Haque J. - This appeal has been filed against the judgment and order dated 27.10.1997 passed by a Division Bench of the High Court Division in Writ Petition No. 1...... 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. ..

Category: Property Law | Date: | Hits: 38

Md. Shaha Alam Vs. Musammat Farida Begum, 1997, 26 CLC (AD)

....ed in:II ADC (2005) 343; 2 MLR (AD) 153; 2 BLC (AD) 92; 17 BLD (AD) 145. ......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. ...... the find­ings and affirmed the decree of the trial court, dismissing the appeal. In the revision preferred by the plaintiff, a Division Bench of the High Court Division by the impugned judgment and order decreed the suit after setting aside the appellate judgment and decree. 6. Leave has been g......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. ..

Category: Family Law | Date: | Hits: 180

Danish Ali & others Vs. Mrs. Sakina Bai & ors., 1998, 27 CLC (AD)

.... 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. ......27-7-1997 passed by the High Court Division in Civil Order No. 2929 of 1997). Judgment Mohammad Abdur Rouf J.- This appeal, following leave, by the plaintiffs is from the judgment and order dated 27.7.97, passed by "the High Court Division, in Civil order No. 2929 of 1997 summ......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)

.... is restored. Ed. This Case is also Reported in: II ADC (2005) 338.......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.......July, 1993 passed by the High Court Division Dhaka in Civil Revision No. 2199 of 1992) Judgment Mohammad Abdur Rouf J.- This appeal by leave by the plaintiff 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......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...

Category: Limitation Law | Date: | Hits: 166

Dhaka University Vs. Syed Md. Ismail, 1995, 24 CLC (AD)

....e suit, is restored. Ed. This Case is also Reported in: II ADC (2005) 334. ...... 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. ......r dated 18-6-92 passed by the High Court Division in Civil Revision No. 7614 of 1991). Judgment Muhammad Abdur Rouf J.- This appeal on leave by the defendants is from the judgment and order dated June 18, 1992 passed by the High Court Division in Civil Revision Case No. 7614 of 1991...... 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)

....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. ......n Civil Revision No. 252 of 1988/123 of 1988). Judgment Bimalendu Bikash Roy Choudhury J.- This appeal by leave, at the instance of the plaintiff, is directed against the judgment and order dated 10 August 1994 passed by a learned Single Judge of the High Court Division mak­ing ...... 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. ..

Category: Property Law | Date: | Hits: 31

Nurun Nabi Mullah and others Vs. Abdul Karim alias M.A. Karim and others, 2005, 34 CLC (AD)

....nt. 2. Plaintiffs filed the suit stating, inter alia, that the land measuring 1.15 acres appertaining to plot No. 685 of C.S. Khatian No. No. 104 cor­responding to S.A. Khatian No. 1236 of Mouza Badda under Police Station Gulshan, District Dhaka as described in the schedule 'ka' to the plaint al......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. ......dgment and Order dated July 16 2001 passed by the High Court Division in Civil Revision No. 232 of 1999) Judgment Md. Ruhul Amin J.- This is plaintiff's appeal by leave against the judgment and order dated July 16, 2001of a Single Bench of the High Court Division in Civil Revision No. 232 of 1......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. ..

Category: Property Law | Date: | Hits: 45

Bangladesh and oth­ers Vs. Jahangir Alam and others, 1998, 27 CLC (AD)

.... is also Reported in: II ADC (2005) 318. ...... impugned tender. 4. After the filing of the suit the plaintiff filed an application for temporary injunction against the defendants. The trial Court initially passed an ex parte order of ad interim injunction and ultimately by its judgment order dated 27.3.97 granted temporary injunction......ion in F. M. A. No. 71 of 1997). Judgment Mohammad Abdur Rouf J.- This appeal, by the defendant Government of Bangladesh and its 4 officials, following leave, is from the judgment and order dated 26.5.97 passed by a Division Bench of the High Court Division dis­posing of P.M.A. ......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)

....urt are restored. Ed. This Case is also Reported in: II ADC (2005) 297.......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....... Revision No. 1588 of 1989) Judgment Mohammad Abdur Rouf J.- Defendant Nos. 2-5, the Government of Bangladesh and its three officials have preferred this appeal, on leave, from the judgment and order dated 3.2.94 passed by a learned Single Judge of the High Court Division in Civil Revision No.......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)

....s 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. ......s been illegally saddled with an interest at the rate of 18% without any basis or supporting materials and the date from which the interest would accrue. The learned Counsel further contends that the order of maintaining interest @ 18% on account of two final bills for a sum of Tk. 2,24,72,280/- and......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. ..

Category: Civil Law | Date: | Hits: 88

Sonali Bank Vs. M/S Beg and Beg Jute Incorporated Ltd. & others, 1997, 26 CLC (AD)

....ase is also Reported in: II ADC (2005) 286. ...... 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. ......of mortgaged proper­ty. Interest should also have been allowed on the said sum 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 presen...... 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)

....rt are restored. Ed. This Case is also Reported in: II ADC (2005) 274....... 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.......d 19.5.1991 passed by the High Court Division, Dhaka in Civil Revision No. 469 of 1985) Judgment Mohammad Abdur Rouf J.- This appeal by the plaintiffs, following leave, is from the judgment and order dated 5.12.91 passed by a learned single judge of the High Court Division in Civil Revision No...... 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)

....rt. 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........ 1 on 22.4.97 also sent a copy of the above memo dated 21.4.97 to the executing Court, then the executing Court on 24.4.97 referring to the Memo dated 22.4.97 issued by the appellant No. 1 passed an order staying further proceeding of the above execu­tion case and also recalled the process relatin...... 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

Tafijul Huq Sarker Vs. Bangladesh and others, 1998, 27 CLC (AD)

....osts. Ed. This Case is also Reported in: II ADC (2005) 254; 4 MLR (AD) 1999, 19. ......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 writ petition arose in this way. One Faizuddin Sarker, father of respondent Nos. 3 and 4, was the Mutawalli of Munshi Kudrut Ullah Waqf Estate under E.G. No. 4429 Dinajpur (now Thakurgaon). By an order dated 3 September 1982 the Administrator of Waqfs, Bangladesh, removed him from his office of ......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)

.... this appeal is allowed without any order as to cost.  Ed. This Case is also Reported in: II ADC (2005) 233. ...... 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. ...... March, 1992 passed by the High Court Division in Civil Order No. 944 of 1992)  Judgment  Mohammad Fazlul Karim J. - This appeal by leave is directed against the impugned judgment and order dated March 1, 1992 passed by the High Court Division in Civil Order No. 944 of 1992 summarily...... 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)

....e is also Reported in: II ADC (2005) 231. ......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. ......and Order dated 12.31.998 passed by the High Court Division in Civil Revision No. 3077 of 1995) Judgment Mofemmad Gholam Rabbani J.- This appeal is directed against the judgment and order dated 12.3.98 of a learned Singled Judge of the High Court Division in Civil Revision No. 307......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