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Omed Ali Sikder Vs. Arman Sikder and others, 1979, 8 CLC (AD)
....976) Judgment Ruhul Islam J.- This appeal by special leave arises from the judgment and order of the High Court Division dated May 31st, 1976 in Civil Order No.824 of 1976. 2. Facts relevant for disposal of the appeal are that the appellant and respondents 11-15 as plaintiff instituted Pa......y the contesting defendants being First Appeal No. 242 of 1944 which was dismissed on 5th December, 1951. The appellant ultimately applied for final decree on 5th December, 1973 with a prayer for amendment of the preliminary decree by substituting the heirs of the contesting parties who died aft......the judgment and order of the High Court Division dated May 31st, 1976 in Civil Order No.824 of 1976. 2. Facts relevant for disposal of the appeal are that the appellant and respondents 11-15 as plaintiff instituted Partition Suit No.6 of 1940 in the Second Court of Subordinate Judge, Faridpur ..Category: Property Law | Date: | Hits: 78
Nuvista Pharma Limited Vs. National Board of Revenue and others, 2010, 39 CLC (HCD)
....0 on 4-2-10) Judgment Md. Ashfaqul Islam J. - At the instance of the petitioner Nuvista Pharma Limited, this Rule Nisi was issued calling upon the respondents to show cause as to why the direct formal demands made by the respondents in violation of section 55 of Value Added Tax Act 1991 Annexu......the petitioner from the respondents is admitted. It is also admitted that this demand of Taka 2, 75, 42,815.02 is extended over a period of almost six years from 2001-2006. Admittedly, there was an amendment of the shares of Organon in 2006 and a change in the name of the company to Nuvista Pharma...... that Court will not interfere by granting an injunction from performing or discharging the contractual obligations. Such is the case here. The letter of guarantee was given in this case by the plaintiff and the defendant placed it for the encashment of the letter of guarantee. The bank (Chart..Category: Fiscal/Taxation Law | Date: | Hits: 181
Golam Mowla Vs. Abdul Hashem, 2009, 38 CLC (HCD)
.... 2009. Result: The Rule is made absolute. Cases Referred to- Ranju Roy Vs. Jibesh Ranjan Roy, 14 MLR (AD) 18; Anwar Hossain Vs. Abdul Hossain Mollah, 44 DLR 79. Lawyers Involved: Sarforaj Meah with Azahar Ullah Bhuiyan, Advocates - For the Petitioner. Fauzia Karim with Rebaka Su......judgment and decree of trial Court are restored and thereby, the suit is dismissed. Send down the lower Courts records immediately. Ed. This Case is also Reported in: 15 BLC (HCD) (2010) 85. ......urt, Sadar, Noakhali in the Title Suit No. 230 of 1982 dismissing the suit should not be set aside or such other or further order or orders passed as to this Court may seem fit and proper." 2. The plaint case, in short, is that the plaintiff instituted the Title Suit No. 230 of 1982 in the Court ..Category: Property Law | Date: | Hits: 88
Mosharraf Hossaian and another Vs. State, 1977, 6 CLC (AD)
....nt and order dated the 24th September, 1974 passed by the High Court Division in Criminal Revision No.1641 of 1974.) Judgment Ahsanuddin Chowdhury J.—In this appeal by Special leave the point for consideration is whether for offences alleged to have been committed on or prior to 5-2-1974 t......ry implication given a retrospective effect. Nevertheless, having regard to the general tenor and object of the new legislation for expeditious trial of the cases and the indications furnished by the amendment of section 537 of the Code of Criminal Procedure, it was observed that it was fairly clear......e Code of Criminal Procedure in the Court of a competent Magistrate who will proceed in accordance with law. Steps be taken accordingly. Ed. This Case is also Reported in: 30 DLR (AD) (1978) 112...Category: Criminal Law | Date: | Hits: 76
Nur Mohammad Bhuiyan and others Vs. Aysha Khatoon and others, 2011, 40 CLC (HCD)
....solute. Cases Referred to- Bangladesh Vs. Haji Abdul Gani Biswas and others, 32 DLR (AD) 233; Abu Bakar Vs. Nazir Ahmed, 34 DLR (AD) 237. Lawyers Involved: Md. Mobarak Hossain, Advocate - for the petitioners. No one appears - for the opposite parties. Civil Revision No. 4269 of 199......1953, wherein their Lordships of the Appellate Division observed as follows: “Section 95 has been again amended by the President’s Order No. 88 of 1972 with effect from 3 August 1972, but this amendment did not touch the period of usufructuary mortgage which is still seven years, nor did it a......obarak Hossain, Advocate - for the petitioners. No one appears - for the opposite parties. Civil Revision No. 4269 of 1991. Judgment Md. Ruhul Quddus J. - This Rule at the instance of the plaintiff-respondents was issued calling in question the legality of judgment and decree dated 29.11..Category: Property Law | Date: | Hits: 87
....Kawniya Khan Bari Jame Masjid and others ............. Opposite Parties
Judgment
November 29, 2011.
Result:
The Rule is made absolute.
Lawyers Involved:
Tushar Kanti Roy, Advocate - for the petitioners.
Md. Mubarak Hossain, Advocate - for opposite party No.17.
Civil Revision ......ithin six months from receipt of the judgment. No further adjournment shall be allowed at the instance of the added-defendants.
Faruque Ahmed J. - I agree.
Ed.
This Case is also Reported in:
......e party Nos.1-16 instituted Title Suit No. 33 of 2008 before the Joint District Judge, First Court, Barisal for declaration of title and partition of the land as described in schedule ‘Ka’ of the plaint. Opposite party Nos. 17-24 were made defendants therein. Some of the defendants were contesti..
Category: Procedural Law | Date: | Hits: 77
Shahidullah Shaik and others Vs. Atahar Shaik and others, 2011, 40 CLC (HCD)
.... Atahar Shaik and others …………....Opposite Parties Judgment November 14, 2011. Result: The Rule is discharged. Lawyers Involved: S. M. Moonir with Lokman Karim, Advocates - for the petitioners. No one appears - for the opposite parties. Civil Revision No. 933 of 1999...... the Rule. In the result, the Rule is discharged. The order of stay granted at the time of issuance of Rule is vacated. Communicate a copy of the judgment. Ed. This Case is also Reported in: ......ssor-in-interest instituted Title Suit No. 58 of 1993 on 15.5.1993 in the Court of Senior Assistant Judge, Moksedpur, Gopalgonj for partition of their ejamali land as described in the schedule of the plaint. The defendants (herein petitioner Nos. 1-3) had appeared in the suit and took time for filli..Category: Procedural Law | Date: | Hits: 74
Sree Binoy Krisna Saha and others Vs. Sree Reboti Mohon Saha and others, 2011, 40 CLC (HCD)
....his legal heirs Sree Rathindra Mohan Saha and others ...Opposite Parties Judgment November 21, 2011. Result: The Rule is made absolute. Lawyers Involved: Md. Nurul Islam, Advocate - for the petitioners. Not represented- the Opposite parties. Civil Revision No. 924 of 2004. ......rty to call for any document, recall or re-examine the witnesses and take additional evidence, if it is so required. Send down the lower Courts’ records. Ed. This Case is also Reported in: ......n setting aside those dated 31.5.1994 of the Subordinate Judge (now Joint District Judge), First Court, Bogra passed in Other Suit No. 237 of 1982 and remanding the suit to the trial Court. 2. The plaintiffs [predecessors-in-interest to opposite party Nos. 1(a)-3(c)] instituted the suit for decla..Category: Property Law | Date: | Hits: 66
....decree dated 02.11.1996 passed by the learned Sub-ordinate Judge, 3rd Court, Chittagong in Other Suit No. 100 of 1995 decreeing the suit.
2. The respondent as plaintiff instituted the suit seeking for the following relieves:-
অতএব বাদী নিম্মমতে প্রার......he suit land in favour of appellants through court.
The office is directed to send down the lower Court’s record at once.
Md. Rais Uddin J. - I agree.
Ed.
This Case is also Reported in:
...... is directed against the judgment and decree dated 02.11.1996 passed by the learned Sub-ordinate Judge, 3rd Court, Chittagong in Other Suit No. 100 of 1995 decreeing the suit.
2. The respondent as plaintiff instituted the suit seeking for the following relieves:-
অতএব বাদী ন..
Category: Property Law | Date: | Hits: 113
....ber 30, 2011.
Result:
The Rule is made absolute.
Case referred to-
Abul Kalam Azad and another Vs. Sunhar Ali and others, 46 DLR (AD) 130.
Lawyers Involved:
Probir Neogi, Advocate - for the petitioners.
Abdul Quiyum, Advocate - for opposite party No.1.
Civil Revision No. 734 ......al controversies between the parties. Since the additional written statement would not change the nature and character of the defendants’ case, the learned Judge ought to have accepted the same. An amendment of pleading or additional pleading can be made at any stage of a suit/proceeding, even at ......Habibur Rahman instituted Title Suit No. 36 of 2002 before the Joint District Judge, Second Court, Dhaka for specific performance of contract in respect of a property (as described in schedule of the plaint) impleading one Surjat Ali, predecessor-in-interest to the petitioners as principal defendant..
Category: Property Law | Date: | Hits: 67
Sree Nitta Nando Dey and others Vs. Nogendra Krishna Kundu and another, 2011, 40 CLC (HCD)
....………………………Opposite Parties Judgment November 16, 2011. Result: The Rule is made absolute. Lawyers Involved: Md. Amirul Islam with Md. Rezaul Kabir Khan Advocates - for the petitioners. No one appears - for the opposite parties. Civil Revision No. 678 of 1999......nd Court, Munshiganj in Title Appeal No. 119 of 1994 are hereby set aside and those of the trial Court are restored. Send down the lower Courts’ records. Ed. This Case is also Reported in: ....... Rezaul Kabir Khan Advocates - for the petitioners. No one appears - for the opposite parties. Civil Revision No. 678 of 1999. Judgment Md. Ruhul Quddus J. - This Rule at the instance of plaintiff-respondents was issued on an application under section 115 (1) of the Code of Civil Proced..Category: Property Law | Date: | Hits: 76
S. M. Basiruddin Vs. Zahurul Islam Chowdhury and another, 1982, 11 CLC (AD)
....n………………Appellant Vs. Zahurul Islam Chowdhury and another…………………Respondents Judgment December 14, 1982. Result: The appeal is allowed and the application for pre-emption is dismissed. Cases Referred to- Brindaban Chandra Chowdhury Vs. Mosammat Rezi......rine of merger as provided in section 22 of the Bengal Tenancy Act which provides that when, the raiyati dis-appears the under-raiyat cannot any longer remain as such. Section 22 as it stands after amendment of 1907 merely provides that on the transfer of the occupancy right to a person jointly in......e appeal is allowed with cost, the orders allowing preemption are set aside and the application for pre-emption is dismissed. Ed. This Case is also Reported in: 35 DLR (AD) (1983) 230. ..Category: Property Law | Date: | Hits: 85
Wali Ullah Vs. Shaheda Begum and others, 2011, 40 CLC (HCD)
....nt March 14, 2011. Result: The Rule is discharged. Case referred to- Manohar Vs. Kishan, AIR 1938 Lah 10. Lawyers Involved: Dr. Rafiqur Rahman, with Nasima A. Rahman, Advocates - for the petitioner. No one appears - for the opposite parties. Civil Revision No. 2518 of 1999......ged, however, without any order as to costs. The order of stay passed at the time of issuance of the Rule, is vacated. Communicate a copy of this judgment. Ed. This Case is also Reported in: ......inate Judge had allowed an application under Order XL rule 1 of the Code of Civil Procedure for appointment of a receiver of the suit property. 2. Facts leading to this civil revision are that the plaintiff-opposite party Nos. 1-31 instituted Title Suit No. 243 of 1989 for partition of two homest..Category: Civil Law | Date: | Hits: 130
Md. Shahar Ali and others Vs. Sree Sailesh Chandra Sen and others, 2012, 41 CLC (HCD)
....ers Vs. Sree Sailesh Chandra Sen and others................Opposite Parties Judgment March 7, 2012. Result: The Rule is discharged. Lawyers Involved: Nahid Yeasmin, Advocate - for the petitioners. Mohammad Abdullah, Advocate - for opposite party Nos.1-2. Civil Revision ...... the Rule is discharged. The ad interim order of status quo passed earlier at the time of issuance of the Rule is vacated. Communicate a copy of the judgment. Ed. This Case is also Reported in: ......by the Senior Assistant Judge, Sadar, Sherpur in Other Suit No. 176 of 2002. The Assistant Judge, by the said order, granted temporary injunction against the defendants on an application filed by the plaintiffs. 2. Opposite Party Nos.1 and 2 instituted Other Class Suit No. 176 of 2002 before the ..Category: Property Law | Date: | Hits: 84
Mahbub-ul-Alam Md. (Minor) and another Vs. Md. Alimuddin Karikor, 2009, 38 CLC (HCD)
.... 1/2003 directing the defendant-judgment-debtor-opposite party to restore possession of the land in the decree to the plaintiff-decree-holder-petitioners should not be set aside. 2. Facts relevant for disposal of the Rule, in short, is that the petitioners as plaintiffs instituted Title Suit No. ...... judgment and order dated 9-4-2007 passed by the Revisional Court below is hereby set aside and that of the Executing Court is upheld. Ed. This Case is also Reported in: 15 BLC (HCD) (2010) 76. ......enior Assistant Judge, in-Charge, Shyamnagar, Satkhira in Title Execution Case No. 1/2003 directing the defendant-judgment-debtor-opposite party to restore possession of the land in the decree to the plaintiff-decree-holder-petitioners should not be set aside. 2. Facts relevant for disposal of th..Category: Civil Law | Date: | Hits: 100
Md. Masuk Miah and others Vs. Md. Foyzur Rahman and others, 2012, 41 CLC (AD)
....: Mahbubey Alam, Senior Advocate with (J. N. Deb, Advocate), instructed by Chowdhury Md. Zahangir, Advocate-on-Record—For the Petitioners. For Respondents—Not represented. Civil Petition for Leave to Appeal No. 1762 of 2009. (From the judgment and order dated 2nd June, 2009 passed by...... prepare the paper books out of Court in accordance with Rule. The order of stay granted earlier is extended till disposal of the appeal. Ed. This Case is also Reported in: 9 ADC (2012) 242.......ppeal No.122 of 2000 affirming those dated 29.05.1999 passed by the learned Subordinate Judge (now Joint District Judge), First Court, Sylhet in Title Suit No.67 of 1999 decreeing the suit. 2. The plaintiffs filed Title Suit No.46 of 1993, which was later renumbered as Title Suit No.67 of 1999, f..Category: Property Law | Date: | Hits: 87
Zillul Haq and others Vs. Maloti Bala Dey & others, 1998, 27 CLC (HCD)
....a suit in the Court of the Subordinate Judge, Sylhet being Title Suit No.151 of 1977, subsequently renumbered as Title Suit No.174 of 1992 on transfer to the Court of Assistant Judge Sylhet praying for a declaration that the orders dated 13-11-1976 and 16-4-1977 passed in Miscellaneous Case No.2...... for his perusal and necessary action. The order of stay earlier granted by this Court stands vacated. Send down the LCR at once. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 367.......o.4 of 1996 reversing the judgment and decree dated 27-11-1995 passed by the Assistant Judge, Gowainghat, Sylhet in Title Suit No.174 of 1992. Malati Bala Dey, mother of opposite party No.1 (Ka) as plaintiff instituted a suit in the Court of the Subordinate Judge, Sylhet being Title Suit No.151 ..Category: Property Law | Date: | Hits: 88
Shefali Rani and others Vs. Makhan Chandra Das and others, 1990, 19 CLC (HCD)
....rties. Civil Revision No. 66 of 1996. Judgment Abu Sayeed Ahammed J.- This Rule has been issued at the instance of the plaintiffs in Title Suit No.207 of 1982 which was dismissed on contest, for a declaration that two kabala deeds which were registered on 6-6-81 in the sub-registry Office, ......thin Begumgonj. 11. Mr. Gani, the learned Counsel for the Opposite Party advances his argument that the documents were registered under section 30 of the Registration Act as it was before the said amendment. Section 30 of the Registration Act as under: “Registration by registrars in certain ...... - For the Petitioner. Md. Osman Gani, Advocate - For the Opposite Parties. Civil Revision No. 66 of 1996. Judgment Abu Sayeed Ahammed J.- This Rule has been issued at the instance of the plaintiffs in Title Suit No.207 of 1982 which was dismissed on contest, for a declaration that two k..Category: Procedural Law | Date: | Hits: 105
Mokthar Masum Abedin and others Vs. Nironjan Kumar Mondol and others, 1997, 26 CLC (HCD)
....feree-petitioners question the propriety of the order dated August 2, 1993 passed by the learned Assistant Judge, Sathkhira in Title Suit No.4 of 1991 refusing to implead them as defendants in a Suit for declaration of title and confirmation of possession and also a declaration that kabala deeds dat...... two thousand) only to the plaintiff-opposite- party. Stay granted by this Court at the time of issuance of the Rule stands vacated. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 341.......ed 12-5-1977 are forged, collusive and are of no legal effect. 2. A brief resume of the events leading to issuance of this Rule would be quite instructive in the matter. Opposite Party No.1 is the plaintiff. He filed the suit as the reversioner of the owner of the properties under dispute in the ..Category: Procedural Law | Date: | Hits: 74
Mayurer Nessa and others Vs. Julekha Khatoon and others, 1994, 23 CLC (HCD)
....al No. 95 of 1967 affirming the judgment and decree dated 18.3.1967 passed by Subordinate Judge, 2nd Court, Comilla in Title Suit No. 69 of 1965. 2. Respondent Nos. 1‑14 as plaintiffs filed the aforesaid suit of partition of the suit property claiming plaintiffs No. 1‑13 as heirs of one of th......ees of the Courts below are modified and the suit is decreed in part in preliminary form in terms of compromise petition dated 4.3.1964. Ed. This case is also Reported in: 47 DLR (HCD) (1995) 26....... Comilla in Title Appeal No. 95 of 1967 affirming the judgment and decree dated 18.3.1967 passed by Subordinate Judge, 2nd Court, Comilla in Title Suit No. 69 of 1965. 2. Respondent Nos. 1‑14 as plaintiffs filed the aforesaid suit of partition of the suit property claiming plaintiffs No. 1‑13..Category: Procedural Law | Date: | Hits: 85
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