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Abdul Halim Vs. Dina Bandhu Chandra Das and others, 2011, 40 CLC (AD)
....at there is no merit in these civil petitions for leave to appeal. In the result both the civil petitions for leave to appeal be dismissed. Ed. This Case is also Reported in: 9 ADC (2012) 394....... Muhammad Imman Ali J Muhammad Mamtaz Uddin Ahmed J Md. Shamsul Huda J Abdul Halim........................................................Petitioner (In both the cases) Vs. Dina Bandhu Chandra Das and others......................Respondents (In both the cases) Judgment No......at there is no merit in these civil petitions for leave to appeal. In the result both the civil petitions for leave to appeal be dismissed. Ed. This Case is also Reported in: 9 ADC (2012) 394.......single judgment both the Civil Petitions for leave to Appeal will be disposed of. 2. Relevant facts necessary for disposal of these civil petitions are as follows: The respondent Nos.1 to 3, as plaintiffs, instituted Title Suit No.192 of 2000 in the Court of Senior Assistant Judge, Gazipur for..Category: Property Law | Date: | Hits: 72
Arab Bangladesh Bank Ltd. Vs. Md. Salauddin and others, 2010, 39 CLC (HCD)
.... 2nd Court, Narayanganj is hereby set aside and the plaint of Title Suit No.31 of 2002 is rejected. Ed. This Case is also Reported in: 16 MLR (HCD) (2011) 97, 118; 16 BLC (HCD) (2011) 277, 293. ......t Division (Civil) Present: Sheikh Abdul Awal J M. Moazzam Husain J Arab Bangladesh Bank Ltd................................Defendant-petitioner Vs. Mr. Md. Salauddin and others ..................................Plaintiff-opposite parties Judgment July 8,...... 2nd Court, Narayanganj is hereby set aside and the plaint of Title Suit No.31 of 2002 is rejected. Ed. This Case is also Reported in: 16 MLR (HCD) (2011) 97, 118; 16 BLC (HCD) (2011) 277, 293. ......ourt, Narayanganj in Title Suit No.31 of 2002 should not be set-aside. 2. Material facts of the case as necessary for the disposal of the Rule are that the petitioner, Arab Bangladesh Bank Ltd. as plaintiff filed Title Suit No.27 of 1995 in the Court of learned Joint District Judge and Artha Rin ..Category: Civil Law | Date: | Hits: 141
Abdul Hakim Sarder and others Vs. Ahidul Sarder and others, 2012, 41 CLC (AD)
....judgment and order dated 01.12.2008 passed by the High Court Division in Civil Revision No.4795 of 2004 be stayed till disposal of the appeal. Ed. This Case is also Reported in: 9 ADC (2012) 250....... (Civil) Present: Md. Muzammel Hossain CJ Md. Abdul Wahhab Miah J Nazmun Ara Sultana J Syed Mahmud Hossain J Muhammad Inman Ali J Md. Shamsul Huda J Abdul Hakim Sarder and others.................................Petitioners Vs. Ahidul Sarder and others.................judgment and order dated 01.12.2008 passed by the High Court Division in Civil Revision No.4795 of 2004 be stayed till disposal of the appeal. Ed. This Case is also Reported in: 9 ADC (2012) 250.......f respondent Nos.1-6 and respondent No.7 instituted Title Suit No.85 of 2002 for partition on declaration of title claiming a saham for 1.45 acres of land described in the schedule to the plaint. The plaintiff’s case, in short, is that the suit land originally belonged to Abdul Kader Sarder and Ka..Category: Property Law | Date: | Hits: 80
Syed Monirul Huda Chowdhury Vs. Fouzia Chowdhury and others, 1994, 23 CLC (HCD)
....cepted. The revision is thus devoid of any merit. The result, therefore, is that the Rule is discharged without any order as to costs. Ed. This case is also Reported in: 47 DLR (AD) (1995) 10.......ivil Revisional Jurisdiction) Present: Mahmudul Amin Chowdhury J Abu Sayeed Ahammed J Syed Monirul Huda Chowdhury………………………………Petitioner Vs. Fouzia Chowdhury and others…………………………………Opposite Parties Judgment June 5, 1994. Re......cepted. The revision is thus devoid of any merit. The result, therefore, is that the Rule is discharged without any order as to costs. Ed. This case is also Reported in: 47 DLR (AD) (1995) 10.......J. -The defendants are revisionist. Fray is among the collateral relations of the same family. We are called upon to consider whether in a suit for ejectment of licencees, a prayer for declaration of plaintiffs title in the suit holding can be allowed by amending the plaint under Order 6 rule 17 of ..Category: Property Law | Date: | Hits: 151
Ajufannessa @ Aji Bibi and others Vs. Safar Miah and others, 1977, 6 CLC (AD)
....at the appeal is allowed with costs. The judgment and decree of the High Court it set aside and those of the Courts below are restored. Ed. This Case is also Reported in: 30 DLR (AD) (1978) 41. ......Court it set aside and those of the Courts below are restored. Ed. This Case is also Reported in: 30 DLR (AD) (1978) 41. ......at the appeal is allowed with costs. The judgment and decree of the High Court it set aside and those of the Courts below are restored. Ed. This Case is also Reported in: 30 DLR (AD) (1978) 41. ......gment of the Courts below and decreeing the suit brought by the respondents against the appellants for recovery of khas possession of the land in suit on declaration of their title thereto. 2. The plaintiff's case in brief is that the land in suit comprises a plot of land being C. S Plot No.310 m..Category: Property Law | Date: | Hits: 97
Fazlur Rahman Vs. Rajab Ali and others, 1977, 6 CLC (AD)
.... this Court and dispose of the suit according to law. The petition is accordingly disposed of but there shall be no order as to costs. Ed. This Case is also Reported in: 30 DLR (AD) (1978) 30. ......er as to costs. Ed. This Case is also Reported in: 30 DLR (AD) (1978) 30. ...... this Court and dispose of the suit according to law. The petition is accordingly disposed of but there shall be no order as to costs. Ed. This Case is also Reported in: 30 DLR (AD) (1978) 30. ......cipal Corporation, and that a large number of voters could not participate in the election on account of the arbitrary closing down of certain polling centres. After the institution of the suit the plaintiffs filed an application for an order of temporary injunction for restraining the defendants ..Category: Civil Law | Date: | Hits: 111
Musammat Khaleda Razia Khanam and others Vs. Mahtabuddin Choudhury and others, 1977, 6 CLC (AD)
....chase enured to the benefit of Kushor Pashi. We do not find any of the contentions to be of substance. The petition is dismissed. Ed. This Case is also Reported in: 30 DLR (AD) (1978) 27. ......ase is also Reported in: 30 DLR (AD) (1978) 27. ......chase enured to the benefit of Kushor Pashi. We do not find any of the contentions to be of substance. The petition is dismissed. Ed. This Case is also Reported in: 30 DLR (AD) (1978) 27. ......50, sold .32 acre out of the land purchased by him to the defendants and subsequently, by another Kabala dated 5-11-51, sold the remaining .08 acre of the said land to one Sohan Pashi from whom the plaintiff, by a Kabala dated 17-1-52, purchased the said land. Before the said purchase made by plai..Category: Property Law | Date: | Hits: 102
Category: Property Law | Date: | Hits: 73
Hasen Ali and others Vs. Rustom Ali and others, 2009, 38 CLC (HCD)
.... making the preliminary decree final, in due course of law. There will be no order as to cost. Send down the LC Records at once. Ed. This Case is also Reported in: 15 BLC (HCD) (2010) 54. ......CD) (2010) 54. ...... making the preliminary decree final, in due course of law. There will be no order as to cost. Send down the LC Records at once. Ed. This Case is also Reported in: 15 BLC (HCD) (2010) 54. ......ate - For the Appellants. None appears - For the Respondents. Appeal from Original Decree No. 249 of 1997. Judgment Mashuque Hosain Ahmed J. - This first appeal has been preferred by the plaintiff appellants against the judgment and decree dated 24-7-1997 passed by the learned Subordina..Category: Property Law | Date: | Hits: 71
Pubali Bank Ltd. Vs. Farzana Begum and another, 2009, 38 CLC (HCD)
....and realise the same through the process of law. Send down the LCRs along with a copy of the judgment to the Court below immediately. Ed. This Case is also Reported in: 15 BLC (HCD) (2010) 49.......) 49.......and realise the same through the process of law. Send down the LCRs along with a copy of the judgment to the Court below immediately. Ed. This Case is also Reported in: 15 BLC (HCD) (2010) 49.......d decree dated 26-2-1994 passed by the learned Subordinate Judge (Joint District Judge), Artha Rin Adalat No. 3, Dhaka, in Title Suit No. 209 of 1990 dismissing the suit. 2. The Pubali Bank as the plaintiff, filed the above mentioned suit for realisation of loan money sanctioned under a usufructu..Category: Civil Law | Date: | Hits: 116
Jaymala Baroy @ Shamsun Naher Vs. Dilip Kumer Baroy, 2009, 38 CLC (HCD)
....st. The order of stay granted earlier by this Court stands vacated. Office is directed to send down the records of this case at once. Ed. This Case is also Reported in: 15 BLC (HCD) (2010) 48.......Jaymala Baroy @ Shamsun Naher.........Petitioner Vs. Dilip Kumer Baroy..........................Opposite Party Judgment November 4, 2009. Result: The order of stay granted earlier stands vacated. Lawyers Involved: Suraiya Begum, Advocate - For the Petitioner. No one appear......st. The order of stay granted earlier by this Court stands vacated. Office is directed to send down the records of this case at once. Ed. This Case is also Reported in: 15 BLC (HCD) (2010) 48....... 2004 and affirming those of dated 21-10-2004 passed by learned Assistant Judge, Additional Second Court, Dhaka dismissing Miscellaneous Case No. 14 of 2003 for default. 2. Material facts are that plaintiff instituted Family Suit No. 333 of 2002 in the Family Court, Dhaka against the defendant fo..Category: Civil Law | Date: | Hits: 130
Ayub Ali Khan Vs. Md. Abdur Raqib and others, 2009, 38 CLC (HCD)
....ion) is disposed of. Office is directed to communicate the order at once with a copy of judgment for information and necessary action. Ed. This Case is also Reported in: 15 BLC (HCD) (2010) 46. ......d in: 15 BLC (HCD) (2010) 46. ......ion) is disposed of. Office is directed to communicate the order at once with a copy of judgment for information and necessary action. Ed. This Case is also Reported in: 15 BLC (HCD) (2010) 46. ......ther Class Suit No. 61 of 2004 granting an order of status quo in respect of acting as a Nikah Registrar by defendant No. 3. 2. Short facts leading to this Rule are that on 22-3-2004 petitioner as plaintiff instituted Other Class Suit No. 61 of 2004 in the Court of Assistant Judge, Rajshahi, Sada..Category: Civil Law | Date: | Hits: 92
Sultana Jute Mills Ltd. and another Vs. Bangladesh Bank and others, 2007, 36 CLC (HCD)
.... is discharged without any order as to cost. The order of stay granted at the time of issuance of Rule on 3-12-2000 is hereby vacated. Ed. This Case is also Reported in: 15 BLC (HCD) (2010) 34. ......e is also Reported in: 15 BLC (HCD) (2010) 34. ...... is discharged without any order as to cost. The order of stay granted at the time of issuance of Rule on 3-12-2000 is hereby vacated. Ed. This Case is also Reported in: 15 BLC (HCD) (2010) 34. ......long with petition for loan as required under the Jute Reforming Schedule Terms 3.4 (ka). 11. The Artha Rin Adalat by order dated 15-3-7997 rejected the petitioner's application on the ground that plaintiff did not give consent to the application for compromise and prayed for rejection of the sam..Category: Civil Law | Date: | Hits: 121
Engineer A. B. Siddique Vs. Kazi Akramuddin and others, 2011, 40 CLC (AD)
....iginal owner Amena Khatun and others. The writ-petitioner also suppressed the fact that R.S. Plot No. 1101 is adjacent to R.S. Plot No.1435 and is the only passage of the writ-respondent No.7 for his ingress and egress from the other adjacent private land owned by him. In obtaining the allotment, th...... Nazmun Ara Sultana J Syed Mahmud Hossain J Muhammad Imman Ali J Mohammad Mamtaz Uddin Ahmed J Engineer A. B. Siddique…………………….......Petitioner Vs. Kazi Akramuddin and others……………………Respondents Order August 23, 2011. Result: Leave is gr...... Amena Khatun and others. The writ-petitioner also suppressed the fact that R.S. Plot No. 1101 is adjacent to R.S. Plot No.1435 and is the only passage of the writ-respondent No.7 for his ingress and egress from the other adjacent private land owned by him. In obtaining the allotment, the earlier ap......paration of paper book is dispensed with as prayed for. The order of status quo granted earlier be extended till disposal of the appeal. Ed. This Case is also Reported in: 9 ADC (2012) 279...Category: Property Law | Date: | Hits: 79
Mampower Ltd. Vs. Artha Rin Adalat No.2, Dhaka and another, 2011, 40 CLC (AD)
....tions made by the High Court Division could not be sustained and accordingly they are expunged. The petition is disposed of with the above observations. Ed. This Case is also Reported in: ......hab Miah J Syed Mahmud Hossain J Muhammad Imman Ali J Muhammad Mamtaz Uddin Ahmed J Mampower Ltd…………………………………..Petitioner Vs. Artha Rin Adalat No.2, Dhaka and another…………….Respondents Judgment December 15, 2011. Result The petition i......tions made by the High Court Division could not be sustained and accordingly they are expunged. The petition is disposed of with the above observations. Ed. This Case is also Reported in: ......phant Road Branch, Dhaka, filed Artha Rin Suit No.439 of 2008 against Mampower Ltd. (present petitioner) and others for realization of outstanding loan of Tk.1556.30 lac only stating that it owes the plaintiff bank Tk.1492.03 lac, and the defendant No.2 Superior Builders and Engineers Ltd. owes the ..Category: Procedural Law | Date: | Hits: 112
Category: Property Law | Date: | Hits: 111
Khodeja Begum & others Vs. Md. Sadeq Sarkar, 1994, 23 CLC (HCD)
....stitution of conjugal rights at present and in future filing of such suits. Let the records of this case be sent down immediately. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 181. ...... the Petitioners. Faruque Ahmed, Advocate - For the Opposite Party. Civil Revision No.5195 of 1991. Judgment Muhammad Abdul Mannan J.- This Civil Revision is directed against the Judgment and Decree dated 23-3-1986 passed by the Subordinate Judge, Chandpur in Title Appeal No.125 of 1984 ......stitution of conjugal rights at present and in future filing of such suits. Let the records of this case be sent down immediately. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 181. ......le Appeal No.125 of 1984 reversing those of dated 29-8-1984 passed by the Munsif, Matlab Upazila in dismissing Title Suit No.390 of 1984 for restitution of conjugal right. 2. The opposite party as plaintiff instituted Title Suit No.228 of 1981 in the 2nd Court o Munsif, Chandpur and on transfer t..Category: Family Law | Date: | Hits: 185
Saleha Begum Vs. Kamal Hossain, 1997, 26 CLC (HCD)
....ll be entitled to recover the same in accordance with law. In the facts and circumstances of the case there is no order as to costs. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 180.......995. Judgment Md. Joynul Abedin J.- This Rule at the instance of the plaintiff wife arising out of an application under section 115 of the Code of Civil Procedure calls in question the judgment and decree dated 18-4-95 passed by the Subordinate Judge, Sadar Noakhali, in Family Appeal No.15 of ......ll be entitled to recover the same in accordance with law. In the facts and circumstances of the case there is no order as to costs. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 180.......med, Advocate — For the Petitioner. AKM Abdul Malek, Advocate — For the Opposite Party. Civil Revision No.2337 of 1995. Judgment Md. Joynul Abedin J.- This Rule at the instance of the plaintiff wife arising out of an application under section 115 of the Code of Civil Procedure calls ..Category: Family Law | Date: | Hits: 152
Syed Masud Ali and others Vs. Md. Asmatullah and others, 1978, 7 CLC (AD)
....first schedule land of the plain if the plaintiff so desires to proceed. In the circumstances of the case, we make no order as to costs. Ed. This Case is also Reported in: 31 DLR (AD) (1979) 249.......R (AD) (1979) 249.......first schedule land of the plain if the plaintiff so desires to proceed. In the circumstances of the case, we make no order as to costs. Ed. This Case is also Reported in: 31 DLR (AD) (1979) 249.......In view of the questions involved we do not feel that a detailed discussion of all the allegations made in the plaint require reproduction. All that need be stated is that in the Court of Munsif, the plaintiff has divided the suit properties under two schedules land has claimed ownership and possess..Category: Trust/Waqf Law | Date: | Hits: 136
Hafizuddin Ahmed and another Vs. Mahbubul Huq and others, 1983, 12 CLC (AD)
....owed. The judgment and decree of the High Court Division is set aside and that of the trial Court is restored. No order as to costs. Ed. This Case is also Reported in: 35 DLR (AD) (1983) 174. ......4. ......owed. The judgment and decree of the High Court Division is set aside and that of the trial Court is restored. No order as to costs. Ed. This Case is also Reported in: 35 DLR (AD) (1983) 174. ......ial leave is whether the High Court Division is well founded in law in reversing, in a second appeal, the concurrent decision of lower Appellate Court and the Trial Court and ordering remand of the plaintiffs-appellants' suit for declaration of title and recovery of khas possession. 2. This ari..Category: Property Law | Date: | Hits: 58