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Hazi Abdul Hakim Khan Vs. Lal Miah Saiyal alias Lal Miah and others, 2012, 41 CLC (AD)
....ree. Surendra Kumar Sinha J. – I agree. Abdul Wahhab Miah J. – I agree. Nazmun Ara Sultana J. – I agree. Syed Mahmud Hossain J. – I agree. Ed. This Case is also Reported in: ......l Wahhab Miah J Nazmun Ara Sultana J Syed Mahmud Hossain J Muhammad Imman Ali J Hazi Abdul Hakim Khan.................................. Petitioner Vs. Lal Miah Saiyal alias Lal Miah and others........ Respondents Judgments February 26, 2012 Result: The petition is dism......ree. Surendra Kumar Sinha J. – I agree. Abdul Wahhab Miah J. – I agree. Nazmun Ara Sultana J. – I agree. Syed Mahmud Hossain J. – I agree. Ed. This Case is also Reported in: ......6 passed by the learned Joint District Judge, 2nd Court, Madaripur in Title Suit No. 3 of 2005 thereby dismissing the suit. 2. The facts of the case in brief are as follows: The petitioner as plaintiff filed a suit for declaration of title and recovery of khas possession in respect of the su..Category: Property Law | Date: | Hits: 70
Mohadashi Sutradhar and another Vs. Monindra Chandra Sannyashi and others, 2011, 40 CLC (AD)
.... those of the appellate Court and consequently no merit in the submission of Mr. Awlad Ali. Accordingly, this petition is dismissed. Ed. This Case is also Reported in: VIII ADC (2011) 773. ...... Ed. This Case is also Reported in: VIII ADC (2011) 773. ...... those of the appellate Court and consequently no merit in the submission of Mr. Awlad Ali. Accordingly, this petition is dismissed. Ed. This Case is also Reported in: VIII ADC (2011) 773. ......been filed against the judgment and order dated the 25th day of January, 2009 passed by the High Court Division in Civil Revision No.1044 of 2007 making the Rule absolute. 2. Respondent Nos.1-4 as plaintiffs instituted Title Suit No. 190 of 1999 in the Court of Assistant Judge, Dhamrai, Dhaka a..Category: Property Law | Date: | Hits: 68
Sukendra Bikas Das and others Vs. Anil Baran Das and others, 2010, 39 CLC (AD)
....pare the paper book out of court in accordance with rules. The order of stay granted earlier be extended till disposal of the appeal. End. This Case is also Reported in: VIII ADC (2011) 764. ......also Reported in: VIII ADC (2011) 764. ......pare the paper book out of court in accordance with rules. The order of stay granted earlier be extended till disposal of the appeal. End. This Case is also Reported in: VIII ADC (2011) 764. ......got 1.36 acres in his share who transferred .80 acre in favour of his wife Josoda Kumari by kabala dated 13th November, 1928. Josoda Kumari while enjoying right, title and possession died leaving the plaintiff as only son to inherit her property. As the plaintiff was staying at different places in c..Category: Property Law | Date: | Hits: 74
Jiban Chandra Sarkar Vs. Md. Rafizuddin Bepary and others, 2011, 40 CLC (AD)
....) is to be deposited within one month. The petitioner is permitted to prepare the paper books out of Court in accordance with Rules. Ed. This Case is also Reported in: VIII ADC (2011) 760. ......e with Rules. Ed. This Case is also Reported in: VIII ADC (2011) 760. ......) is to be deposited within one month. The petitioner is permitted to prepare the paper books out of Court in accordance with Rules. Ed. This Case is also Reported in: VIII ADC (2011) 760. ......ber, 2008 passed by the High Court Division in Civil Revision No.4746 of 2004 making the Rule absolute. 2. Facts necessary for disposal of the leave petition are as under: 3. Respondent No.1 as plaintiff instituted Title Suit No.11 of 2001 in the Court of Assistant Judge, Singair, Manikganj fo..Category: Property Law | Date: | Hits: 66
Noni Gopal Das and others Vs. Dinesh Chandra Das and others, 2011, 40 CLC (AD)
.... order and as such, the same does not call for interference by this Court. Accordingly, the petition for leave to appeal is dismissed. Ed. This Case is also Reported in: VIII ADC (2011) 739. ......issed. Ed. This Case is also Reported in: VIII ADC (2011) 739. ...... order and as such, the same does not call for interference by this Court. Accordingly, the petition for leave to appeal is dismissed. Ed. This Case is also Reported in: VIII ADC (2011) 739. ......petitioners against the judgment and order dated the 10th day of August, 2008 passed by the High Court Division in Civil Revision No. 3306 of 2003 making the Rule absolute. 2. Respondent No.1 as plaintiff filed Title Suit No.47 of 1999 in the Court of Assistant Judge, Bawfal, Patuakhali for dec..Category: Property Law | Date: | Hits: 62
Rafiqul Hossain @ Ranaesh and another Vs. Lal Mohan Saha and others, 1991, 20 CLC (HCD)
....trial Court passed the order of the attachment of the property. 9. In the result, the Rule is made absolute. No order as to costs. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 718. ....... This Case is also Reported in: 45 DLR (HCD) (1993) 718. ......trial Court passed the order of the attachment of the property. 9. In the result, the Rule is made absolute. No order as to costs. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 718. ......er without discussing the evidence of P.Ws. 5‑7, came to the conclusion: "From the evidences of P.Ws. 5‑7 we do not find anything which might lead the Court to disbelieve the contention of the plaintiff-petitioner respondent." Upon so holding it further concluded that on the face of admi..Category: Criminal Law | Date: | Hits: 90
Kibria and Associates Ltd. Vs. Bangladesh Agricultural Development Corporation, 1992, 21 CLC (HCD)
....ters at rest arising out of the situation like the present one. In the result, we allow this appeal without any order as to costs. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 712. ......Case is also Reported in: 45 DLR (HCD) (1993) 712. ......ters at rest arising out of the situation like the present one. In the result, we allow this appeal without any order as to costs. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 712. ......r referred to the decision in the case of Wildhandel NV Vs. Tucker and Cross (1976) 'Lloyd's Rep. 341 and quoted the observation made in the said case which is: "In a commercial transaction if the plaintiff has been out of his money for a period, the usual order is that the defendant should pay i..Category: Alternative Dispute Resolution | Date: | Hits: 156
....defendants under Order VII, rule 11 of the Code of Civil Procedure is allowed.
The plaint of title Suit No.12 of 2002 is hereby rejected.
Ed.
This Case is also Reported in: 57 DLR (2005) 34.
......
This Case is also Reported in: 57 DLR (2005) 34.
......defendants under Order VII, rule 11 of the Code of Civil Procedure is allowed.
The plaint of title Suit No.12 of 2002 is hereby rejected.
Ed.
This Case is also Reported in: 57 DLR (2005) 34.
......VII rule 11 of the Code of Civil Procedure should not be set aside and or pas such other order or further order or orders as to this Court may seem fit and proper.
2. Opposite parties Nos.1‑3 as plaintiffs filed title suit No.12 of 2002 in the Court of Senior Assistant Judge, Shirajdikhan, Muns..
Category: Employment/Service Law | Date: | Hits: 66
AKM Haroon‑or‑Rashid & another Vs. AKM Mostafa Kamaluddin and others, 2001, 30 CLC (HCD)
....e of receipt of the judgment. Let a copy of the judgment be communicated to the learned Assistant Judge concerned immediately. Ed. This Case is also Reported in: 57 DLR (2005) 29. ......urt High Court Division (Civil Revisional Jurisdiction) Present: SM Hossain J AKM Haroon‑or‑Rashid & another..................Petitioners Vs. AKM Mostafa Kamaluddin and others.............Opposite Parties Judgment March 22, 2001. Result: The Rule is mad......e of receipt of the judgment. Let a copy of the judgment be communicated to the learned Assistant Judge concerned immediately. Ed. This Case is also Reported in: 57 DLR (2005) 29. ......rejecting the application filed by defendant-petitioners for fixing valuation of the suit property after holding an inquiry under section 8C of the Court-Fees Act. 2. Opposite party Nos. 1 to 4 as plaintiffs have instituted Title Suit No.344 of 1997 in the 4th Court of Assistant Judge, Dhaka whic..Category: Civil Law | Date: | Hits: 68
Abdus Sattar Pramanik (Md) and another Vs. State and another, 2003, 32 CLC (HCD)
....r of stay granted at the time of issuance of the Rule is hereby recalled. Communicate a copy of this order to the Court concerned at once. Ed. This Case is also Reported in: 56 DLR (2004) 453.......also Reported in: 56 DLR (2004) 453.......r of stay granted at the time of issuance of the Rule is hereby recalled. Communicate a copy of this order to the Court concerned at once. Ed. This Case is also Reported in: 56 DLR (2004) 453.......itioners inherited some landed property from their grandfather. Borim Pramanik, one other successor of said Borim Pramanik raised a dispute on the land of the petitioners whereupon the petitioners as plaintiffs, filed a civil suit being Other Class Suit No. 102/95, renumbered as Other Class Suit No...Category: Criminal Law | Date: | Hits: 62
Commander (Rtd) A A Chowdhury Vs. AKM Imam Hossain and others, 1996, 25 CLC (HCD)
.... reference by this Court. In the result, the Rule is discharged with costs. The stay granted earlier by this Court is hereby vacated. Ed. This Case is also Reported in: 49 DLR (HD) (1997) 23 ...... Ed. This Case is also Reported in: 49 DLR (HD) (1997) 23 ...... reference by this Court. In the result, the Rule is discharged with costs. The stay granted earlier by this Court is hereby vacated. Ed. This Case is also Reported in: 49 DLR (HD) (1997) 23 ...... Court Dhaka in Title Suit No.90 of 1992 decreeing the suit for eviction of the petitioner from the suit property. 2. The facts giving rise to this Rule are, that the opposite party Nos.1 and 2 as plaintiffs filed Title Suit No.193 of 1991 in the 4th Court of Assistant Judge, against the opposite..Category: Property Law | Date: | Hits: 65
Government of Bangladesh and others Vs. Mohammad Alamgir Hossain and others, 2011, 40 CLC (AD)
.... the respondents are also directed to file concise statements by 3rd April, 2011. The appeals are fixed for hearing on 25th April, 2011. Ed. This Case is also Reported in: VIII ADC (2011) 702. ......Reported in: VIII ADC (2011) 702. ...... the respondents are also directed to file concise statements by 3rd April, 2011. The appeals are fixed for hearing on 25th April, 2011. Ed. This Case is also Reported in: VIII ADC (2011) 702. ......essfully moved this Division in Civil Petition Nos.1441 and 1442 of 2009 and then filed this review petition. The High Court Division while maintaining the decree of the trial Court observed that the plaintiffs instituted two suits earlier relating to plot Nos.1210 and 1216 which plots were said to ..Category: Property Law | Date: | Hits: 57
Government of Bangladesh and another Vs. Monwarul Alam and others, 2011, 40 CLC (AD)
....rder dated the 2nd March, 2010 passed by the High Court Division in Civil Revision No.1737 of 1996 is stayed till disposal of the appeal. Ed. This Case is also Reported in: VIII ADC (2011) 679. ...... Case is also Reported in: VIII ADC (2011) 679. ......rder dated the 2nd March, 2010 passed by the High Court Division in Civil Revision No.1737 of 1996 is stayed till disposal of the appeal. Ed. This Case is also Reported in: VIII ADC (2011) 679. ......st the judgment and order dated the 2nd day of March, 2010 passed by a single Bench of the High Court Division in Civil Revision No.1737 of 1996 discharging the Rule. 3. Respondent Nos.1 and 2 as plaintiffs filed Title Suit No.84 of 1991 in the Court of Assistant Judge, Additional Court No.3, Kh..Category: Property Law | Date: | Hits: 54
Md. Shamsul Hoque Vs. Md. Jabbar and another, 2011, 40 CLC (AD)
....epare the paper book out of court in accordance with Rules. The order of stay granted earlier be extended till disposal of the appeal. Ed. This Case is also Reported in: VIII ADC (2011) 673. ......d. Abdul Wahhab Miah J Nazmun Ara Sultana J Syed Mahmud Hossain J Muhammad Imman Ali J Md. Shamsul Hoque…………………………………………Petitioner Vs. Md. Jabbar and another ………………………………….Respondent Order March 10, 2011. Resul......epare the paper book out of court in accordance with Rules. The order of stay granted earlier be extended till disposal of the appeal. Ed. This Case is also Reported in: VIII ADC (2011) 673. ......tant Judge, Syedpur in Other Class Suit No.44 of 1995 dismissing the suit. 2. The opposite party Nos.1 and 2 herein Md. Jabbar and Md. Sattar Mia and their mother Sakhina Khatun (now deceased), as plaintiffs instituted the above mentioned Other Class Suit No.44 of 1995 for declaration and parti..Category: Property Law | Date: | Hits: 76
A. Rahman Lasker and other Vs. Abul Kalam and other, 2011, 40 CLC (HCD)
.... granted at the time of issuance of Rule is hereby vacated. Send down a copy of this order to the Court below at-once for information and necessary action. Ed. This Case is also Reported in: ......ormation and necessary action. Ed. This Case is also Reported in: ...... granted at the time of issuance of Rule is hereby vacated. Send down a copy of this order to the Court below at-once for information and necessary action. Ed. This Case is also Reported in: ...... Ranjan Chakborty, Advocate - For the petitioner. No one appears-For the opposite parties. Civil Revision No. 4301 of 1998. Judgment Md. Abdur Rezzaque J. - This Rule at the instance of plaintiff petitioner was issued calling upon the opposite party Nos.1-3 to show cause as to why the ..Category: Administrative Law | Date: | Hits: 199
Rupali Jute Baling Ltd. Vs. Agrani Bank, 1991, 20 CLC (HCD)
....result, this rule in discharged without any order as to cost. The appeal being FAT No.567/1989 is dismissed being barred by limitation. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 232....... Vs. Agrani Bank……………………………Opposite Party. Judgment February 20, 1991. Result: The Rule is discharged. Cases Referred to- Brij Indar Singh Vs. Kanshi Rain and others, 44 IA (PC) 218; Haji Md. Yusuf Vs. M/s Ahmed Brothers and others, 8 DLR 662; Chhazzu Ram......result, this rule in discharged without any order as to cost. The appeal being FAT No.567/1989 is dismissed being barred by limitation. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 232.......f the Limitation Act for condonation of delay in filing the appeal being FAT No.567 of 1989. 2. Facts leading to this in short are, that the Agrani Bank, Motijheel Commercial Area Branch, Dhaka as plaintiff filed the Suit No. 381/86 in the court of Subordinate Judge and Commercial Court No.1 Dhak..Category: Procedural Law | Date: | Hits: 111
Agrani Bank Limited Vs. M/S. Kalipada Saha & Brothers and others, 2011, 40 CLC (AD)
....of fact arrived at by the appellate Court, consequently, we find no merit in the leave petition. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: VIII ADC (2011) 637.......n Ali J Muhammad Mamtaz Uddin Ahmed J Md. Shamsul Huda J Agrani Bank Limited………………………………………………….Petitioner Vs. M/S. Kalipada Saha & Brothers and others………………..Respondents Judgment June 22, 2011. Result: The petition i......of fact arrived at by the appellate Court, consequently, we find no merit in the leave petition. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: VIII ADC (2011) 637.......ment and order dated the 31st day of May, 2009 passed by the High Court Division in Civil Revision No.5201 of 2005). Judgment Md. Abdul Wahhab Miah J.- In this petition for leave to appeal, the plaintiff seeks leave of this Court against the judgment and order dated the 31st day of May, 2009 p..Category: Civil Law | Date: | Hits: 55
Aminul Islam Vs. S. M. Habib alias Dulal and others, 2011, 40 CLC (AD)
....book is dispensed with as prayed for Parties arc directed to maintain status quo as regards the possession till disposal of the appeal. Ed. This Case is also Reported in: VIII ADC (2011) 631. ...... J Nazmun Ara Sultana J Syed Mahmud Hossain J Muhammad Imman Ali J Aminul Islam…………………………………………………….Petitioner Vs. S. M. Habib alias Dulal and others……………….Respondent Order March 27, 2011. Result: Leave is granted......book is dispensed with as prayed for Parties arc directed to maintain status quo as regards the possession till disposal of the appeal. Ed. This Case is also Reported in: VIII ADC (2011) 631. ......04 of 1991 allowing the appeal and setting aside the judgment and decree dated 30.08.1984 passed by the learned Subordinate Judge, Magura, in Title Suit No.2 of 1984. 2. The present petitioner, as plaintiff, filed the above mentioned Title Suit No.2 of 1984 for specific performance of contract. T..Category: Property Law | Date: | Hits: 51
Narayan Chandra Banerjee alias Bandapadhya Vs. Md. Salek Ali Shaik, 1991, 20 CLC (HCD)
.... aside and the decree of the trial Court is hereby restored. There will, however, be no order as to cost at this revisional stage. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 202. ......nal stage. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 202. ...... aside and the decree of the trial Court is hereby restored. There will, however, be no order as to cost at this revisional stage. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 202. ......ourt, Munshiganj passed on 31.12.79 in Money Suit No.1 of 1979 should not be set aside. 2. The suit being money suit No.1 of 1979 was filed by the opposite party Md. Sudek Ali Shaik @ Sadek Ali as plaintiff for the recovery of the consideration money amounting to Tk. 7,500.00 from the defendants...Category: Civil Law | Date: | Hits: 76
Sadharan Bima Corporation Vs. M V Birba and others, 1991, 20 CLC (HCD)
....cessary correction in clause (1) of rule 3 of Order XLIX of the Code of Civil Procedure by inserting clause (b) instead of clause (d). Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 171.......DLR (HCD) (1992) 171.......cessary correction in clause (1) of rule 3 of Order XLIX of the Code of Civil Procedure by inserting clause (b) instead of clause (d). Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 171.......dvocates For the Plaintiff. Rafiq‑Ul‑Huq with Md. Fazlul Hoque and Anjumanara Shelee, Advocates‑For the Defendants. Admiralty Suit No.10 of 1983. Judgment Md. Mozammel Hoque J.- The plaintiff instituted the present suit for the following declarations: "(a) a declaration that the..Category: Admiralty Law or Maritime Law | Date: | Hits: 315
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