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Md. Abdus Samad and others Vs. Md. Mukbal Hossain Mondal and others, 2008, 37 CLC (AD)
....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. ......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 Court of Senior..Category: Property Law | Date: | Hits: 28
A.H.M. Quamruzzaman and others Vs. Rajdhani Unnayan Kartripakkha (RAJUK), 2008, 37 CLC (AD)
....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. ......illegal and for which on the basis of the said illegal plan the petitioners cannot be asked to vacate from their vested right on the shops. 12. The respondent Nos.1 and 2 contested the case by filing an affidavit-in—opposition stating, inter alia, that the respondent Nos.1..Category: Property Law | Date: | Hits: 38
Commissioner of Customs, Customs House, Dhaka and others Vs. Abdur Razib, 2008, 37 CLC (AD)
.... correct decision. There is therefore no cogent reason to interfere with the same. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 314. ...... correct decision. There is therefore no cogent reason to interfere with the same. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 314. ..Category: Fiscal/Taxation Law | Date: | Hits: 62
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. ......tant Judge, Sadar Kurigram in miscellaneous Case No. 48 of 1996 allowing pre-emption. 3. The pre-emptor respondent No. 1 filed the miscellaneous Case No. 48 of 1996 in order to have the case land by way of preemption stating, inter alia, that he is a co-sharer tenant in the case..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. ......ed 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 Subordinate J..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. ......nt District judge, 1st Court, Natore, reversing the judgment and decree dated 13-09-2001 passed in Title Suit No. 96 of 1994 by the Assistant Judge, Singra, Natore decreeing the suit. 2. The case of the plaintiff, in short, is that the plaintiff Jobeda Bewa, a widow, used to stay under the..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. ...... after the death of Abdul Barek on false impersonation after about four months of his death. 3. The defendants contested the suit by filing a joint written statement. Briefly put, their case was that Abdul Barek had no issue. Defendant No. 1 used to look after his property. Before his..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. ......endant. 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. Ziaul Isalam was able to prove his title and possession in the case property, th..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. ...... total Tk. 78,850/- against the plaintiff, as mentioned in schedule 'ka' to the plaint. 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 cha..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. ......y the learned Subordinate Judge, 3rd Court, Dhaka in Misc. Case 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 appellan..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.......the Code of Civil Procedure, Misc. Case No. 1 of 1992, for re-admission of the appeal. The learned District Judge by an order dated 24.5.92 dismissed the said Misc. Case holding, inter alia, that the case was barred by 19 days and that the defendant appellants could not explain the delay, specially ..Category: Limitation Law | Date: | Hits: 166
Dhaka University Vs. Syed Md. Ismail, 1995, 24 CLC (AD)
.... 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. ......be taken on such grounds without an enquiry by an Enquiry Committee to be set up by the Syndicate in which opportunity shall be provided to the teacher and officer concerned to represent his case. (4) If a prima facie case is established against the employee concerned..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. ......rder 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 application f..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. ......title to the suit property". The High court Division also held that the appellate Court totally ignored the findings of the trial court and that failed to consider the factual and legal aspect of the case as discussed by the said Division, in affirming the judgment and decree passed by the trial cou..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. ......ed under the signature of the Deputy Commissioner, Netrakona in respect of Khaliajuri Group of Fisheries, mentioned in item Nos. 42 to 55 of the said notice is illegal, void etc. 3. His case in short is that, there are 16 beels in the said group fisheries of which 14 beels comprising ..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.......the suit land till it was sold to the plaintiffs. 3. Defendant No. 1 by filing a written statement and the present appellants by filing another written statement contested the suit denying the case of the plaintiffs. The common case of the defendants is that the suit land having been finally ..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. ......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 the fact that the amount decreed ..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. ......he 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. Shaikhali Alibhoy, AIR ..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.......eby the judgment and decree dated 31.1.83 passed by the learned Munsif, Gopalgonj decreeing Title suit No. 678 of 1968, a suit for declaration of title to suit land and partition. 2. Plaintiff's case in short is that the suit land originally belonged to 3 brothers, namely Nogendra Nath Dhupi, B..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.......North D. M. P. Dhaka and also to the executing Court; the above Memo dated 21.4.97 contained the statement to the effect that an appeal against the judgment and decree, out of which the execution case arose, is pending before the court of District Judge, Dhaka the process server then on the same..Category: Criminal Law | Date: | Hits: 51
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