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Mokbul Hossain Mridha and others Vs. Md. Shamsul Haq Sarder and others, 2012, 41 CLC (AD)
....ly, the Appeal is allowed and the impugned judgment and order dated 21-4-2003 is hereby set aside. There is no order as to costs. Ed. This Case is also Reported in: 64 DLR (AD) (2012) 97. ...... Present: Md. Muzammel Hossain CJ Surendra Kumar Sinha J MA Wahhab Miah J Nazmun Ara Sultana J Syed Mahmud Hossain J Md. Shamsul Huda J Mokbul Hossain Mridha and others........................Appellants Vs. Md. Shamsul Haq Sarder and others..............ly, the Appeal is allowed and the impugned judgment and order dated 21-4-2003 is hereby set aside. There is no order as to costs. Ed. This Case is also Reported in: 64 DLR (AD) (2012) 97. ......shahi affirming the judgment and decree dated 24-6-1996 passed by the learned Assistant Judge, Durgapur, Rajshahi in other Class Suit No. 44 of 1993 decreeing the suit. 3. Respondent No.1 as the plaintiff instituted other Class Suit No.44 of 1993 in the Court of the Assistant Judge, Durgapur, R..Category: Procedural Law | Date: 20 Mar, 2012 | Hits: 88
Chittagong Zilla Parishad Vs. Nurul Haque and others, 2012, 41 CLC (AD)
....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: 9 ADC (2012) 760. ......hamsul Huda J Chittagong Zilla Parishad represented by its Chief Executive Officer, Chittagong Zilla Parishad, Chittagong...................................Petitioner Vs. Nurul Haque and others................................Respondents Order March 19, 2012. Result: ......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: 9 ADC (2012) 760. ......sferred to the 3rd Court of Assistant Judge, Chittagong and was renumbered as Other Suit No.156 of 1990. That suit was for declaration of title and for permanent injunction. 3. The case of the plaintiff, in short, was that the suit land originally belonged to Nabid Ali whose name was recorded..Category: Property Law | Date: 19 Mar, 2012 | Hits: 76
....39;s records along with a copy of this judgment at once.
Nozrul Islam Chowdhury J. - I agree.
Ed.
This Case is also Reported in: 18 MLR (HCD) (2013) 289, 19 BLC (HCD) (2014) 18.
......zzaman Khan………………………….....Plaintiff-Appellant
Vs.
Register, Joint Stock Companies & Firms 24-25 Dilkusha C/A, Dhaka and other …................Defendant-Respondents
Judgment
March 19, 2012.
Resu......39;s records along with a copy of this judgment at once.
Nozrul Islam Chowdhury J. - I agree.
Ed.
This Case is also Reported in: 18 MLR (HCD) (2013) 289, 19 BLC (HCD) (2014) 18.
...... nature of the dispute is entirely a civil dispute and it can only be resolved by a competent civil Court.
There is no provision in the Companies Act to file any declaratory suit under which the plaintiff could seek reliefs he claimed in the suit and these reliefs are only available under secti..
Category: Company Law | Date: 19 Mar, 2012 | Hits: 689
Md. Nurul Islam Khan and others Vs. Azizul Islam and others, 2012, 41 CLC (AD)
.... paper book out of court in accordance with rules. The order of stay granted earlier shall continue till disposal of the appeals. Ed. This Case is also Reported in: 9 ADC (2012) 635. ......sent: Md. Muzammel Hossain CJ Surendra Kumar Sinha J Md. Abdul Wahhab Miah J Nazmun Ara Sultana J Syed Mahmud Hossain J Md. Shamsul Huda J Md. Nurul Islam Khan and others...................Petitioner (In both the cases) Vs. Azizul Islam and others......... paper book out of court in accordance with rules. The order of stay granted earlier shall continue till disposal of the appeals. Ed. This Case is also Reported in: 9 ADC (2012) 635. ....... 2. These petitions are disposed of analogously by this order since both the suits were heard and disposed of by a Single judgment. In order to avoid confusion the petitioners be described as plaintiffs and the respondents as the defendants. Facts relevant for the disposal of these petitions..Category: Procedural Law | Date: 19 Mar, 2012 | Hits: 119
Luthfor Rahman (Md.) Vs. Bangladesh & others, 2012, 41 CLC (HCD)
....s set-aside. Title Suit No.5 of 2006 is decreed. 21. Send down the lower court records. Communicate this judgment at once. Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 124. ......) (2013) 124. ......s set-aside. Title Suit No.5 of 2006 is decreed. 21. Send down the lower court records. Communicate this judgment at once. Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 124. ......ash;For the Defendant-Respondents. Abul Kalam Patwary, Advocate—For the Respondent No.33-39. First Appeal No.166 of 2010. Judgment Sharif Uddin Chaklader J. - This appeal by plaintiff directed against judgment and decree dated 1-12-2009 passed by the learned Joint District ..Category: Others | Date: 18 Mar, 2012 | Hits: 5
Noor Jahan Begum Vs. Chairman, BSCIC and others, 2012, 41 CLC (HCD)
.... No.1022 (F) of 2005 is accordingly discharged. Send down the lower court records. Communicate this judgment at once. Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 12. ...... Division (Civil Appellate Jurisdiction) Present: Sharif Uddin Chaklader J Krishna Debnath J Noor Jahan Begum.........................Appellant Vs. Chairman, BSIC and others.................Respondents Judgment March 12, 2012. Result: The appe...... No.1022 (F) of 2005 is accordingly discharged. Send down the lower court records. Communicate this judgment at once. Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 12. ......er Hawlader, Advocate—For the Respondent No.1-3. First Appeal No.256 of 2005 With Civil Rule No.1022 (F) of 2005. Judgment Sharif Uddin Chaklader J. - This appeal by plaintiff directed against judgment and decree dated 29-9-2005 passed by the learned Joint District ..Category: Civil Law | Date: 12 Mar, 2012 | Hits: 10
....d disposal afresh. The impugned judgment and order passed by the High Court Division in Civil Revision No.314 of 2005, is set aside.
Ed.
This Case is also Reported in: 9 ADC (2012) 644.
......mud Hossain J
Muhammad Imman Ali J
Md. Shamsul Huda J
Assistant Horticulturist Agriculture Extension Division Crop Section, Bobhanbagh Uddyan Base Police Station-Savar, District-Dhaka and others....................................Petitioners
Vs.
M. A. Sattar Bhuiyan being d......d disposal afresh. The impugned judgment and order passed by the High Court Division in Civil Revision No.314 of 2005, is set aside.
Ed.
This Case is also Reported in: 9 ADC (2012) 644.
......he High Court Division in Civil Revision No.314 of 2005 discharging the rule.
2. The short facts necessary for disposal of the leave petition are as follows:-
3. The opposite party No.1, as plaintiff, filed Title Suit No.218 of 1991 before the Joint District judge, 2nd Court, Dhaka for per..
Category: Property Law | Date: 12 Mar, 2012 | Hits: 94
Jamuna Builders Ltd Vs. Bangladesh and others, 2012, 41 CLC (HCD)
....e) year from the date of receive of this judgment. Send down the lower Court records. Communicate this order at once. Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 219. ...... Revisional Jurisdiction) Present: Sharif Uddin Chaklader J Krishna Debnath J Jamuna Builders Ltd....................Plaintiff-Opposite Party-Petitioner Vs. Bangladesh and others…...........Proforma-Defendant-Petitioner Opposite-Parties Judgment Marc......e) year from the date of receive of this judgment. Send down the lower Court records. Communicate this order at once. Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 219. ......o.4. SS Barker, Deputy Attorney-General—For the Opposite-Party No.1-3. Civil Revision No.3108 of 2011 with FA No.6 of 2009. Judgment Sharif Uddin Chaklader J. - This rule by plaintiff of Title Suit No.11 of 2005 filed for specific performance of contract, against principal ..Category: Abandoned Properties Law, Property Law | Date: 5 Mar, 2012 | Hits: 18
Abdul Wahab Sheikh Vs. Md. Kamal Hossain alias Md. Kalam Hossain & Others, 2012, 41 CLC (AD)
....n (2) of Section 29 of the Limitation Act have made it very clear. However, this appeal is disposed of with the above observations. Ed. This Case is also Reported in: 20 BLT (AD) (2012) 282. ......itation Act, 1908 is applicable in determining the period of limitation prescribed for any suit, appeal or application by any special law e.g. the Local Government (Upazilla Parishad) Ordinance, 2008 and the Local Government (Upazilla Parishad) Rules, 2008. The Limitation Act is a general law and......n (2) of Section 29 of the Limitation Act have made it very clear. However, this appeal is disposed of with the above observations. Ed. This Case is also Reported in: 20 BLT (AD) (2012) 282. ......ction in determining the period of limitation. Section 14 of the Limitation Act also is quoted below:- "14. In computing the period of limitation prescribed for any suit, the time during which the plaintiff has been prosecuting with due diligence another civil proceeding, whether in a Court of fi..Category: Limitation Law | Date: 3 Mar, 2012 | Hits: 208
M/s. Sadharan Bima Corporation Vs. United Fish Exports Limited and others, 2012, 41 CLC (AD)
....t that there is no merit in these Civil Petitions for leave to appeal and in the circumstances both the civil petitions are dismissed. Ed. This Case is also Reported in: 9 ADC (2012) 563. ......Ara Sultana J Syed Mahmud Hossain J Muhammad Imman Ali J M/s. Sadharan Bima Corporation.........................Petitioner (In both the cases) Vs. United Fish Exports Limited and others.................Respondents (In both the cases) Judgment February 26, 2012. ......t that there is no merit in these Civil Petitions for leave to appeal and in the circumstances both the civil petitions are dismissed. Ed. This Case is also Reported in: 9 ADC (2012) 563. ......ary for disposal of these two civil petitions for leave to appeal, in short, are as follows:- 4. The respondent No.1 herein, United Fish Export Limited represented by its Managing Director, as plaintiff, filed Money Suit No.19 of 1993 before the Subordinate Judge, 1st Court, Khulna impleading..Category: Business or Commercial Law | Date: 26 Feb, 2012 | Hits: 616
Rahima Khatun and another Vs. Sufia Begum and others, 2012, 41 CLC (HCD)
....s restored. 13. Send down the lower Court records. Communicate this order at once. Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 191 21 BLT (HCD) (2013) 39 ......BLT (HCD) (2013) 39 ......s restored. 13. Send down the lower Court records. Communicate this order at once. Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 191 21 BLT (HCD) (2013) 39 ......Title Appeal No.193 of 1995 thereby dismissing Other Class Suit No.110 of 1993 on reversing those dated 31-7-1995 passed by the learned Assistant Judge, 4th Court, Sadar, Naogaon. 2. The case of plaintiff is that Prasanna Kumar Pramanik was the original owner of the suit land and on his death h..Category: Property Law | Date: 23 Feb, 2012 | Hits: 6
Dream Land Properties Ltd. Vs. Hazi Abdul Wazed and others, 2012, 41 CLC (AD)
....is remanded to the High Court Division for disposal of the appeal on merit. This petition is disposed of with the above observations. Ed. This Case is also Reported in: 9 ADC (2012) 67. ......Present: Md. Muzammel Hossain CJ Surendra Kumar Sinha J Md. Abdul Wahhab Miah J Nazmun Ara Sultana J Syed Mahmud Hossain J Muhammad Imman Ali J Md. Shamsul Huda J Dream Land Properties Ltd.................................................................Petitioner Vs.......is remanded to the High Court Division for disposal of the appeal on merit. This petition is disposed of with the above observations. Ed. This Case is also Reported in: 9 ADC (2012) 67. ......(From the judgment and order dated 11.5.2009 passed by the High Court Division in First Appeal No.148 of 2003.) Judgment Surendra Kumar Sinha J. - This petition for leave at the instance of the plaintiff is against an order of the High Court Division remanding the suit to the trial Court for e..Category: Procedural Law | Date: 19 Feb, 2012 | Hits: 147
Sonali Bank Vs. Habib Medical Store and Others, 2012, 41 CLC (HCD)
....dismissed without any order as to cost. Send down the LC record with a copy of the judgment at once. Ed. This Case is also Reported in: 68 DLR (HCD) (2016) 73 ......J Sonali Bank…………………………………………….Appellants Vs. Habib Medical Store and Others………………. Respondent Judgment February 1......dismissed without any order as to cost. Send down the LC record with a copy of the judgment at once. Ed. This Case is also Reported in: 68 DLR (HCD) (2016) 73 ......nt and decree dated 3-6-1996 (decree drawn on 10-6-1996) passed by the Subordinate Judge and Artha Rin Adalat, Naogaon in Artha Rin Adalat Case No. 264 of decreeing the suit. 2. The appellant as plaintiffs instituted Money Suit No.47 of 1987 in the Court of Subordinate dge, Naogaon for realizat..Category: Banking Law | Date: 14 Feb, 2012 | Hits: 0
Tarik Hossain and others Vs. Dulari Begum & Others, 2012, 41 CLC (HCD)
....n given by this Court as above, are solely with a view to ensure social justice in respect of the parties involved in this suit. Ed. This Case is also Reported in: 65 DLR (HCD) (2013) 59. ......ported in: 65 DLR (HCD) (2013) 59. ......n given by this Court as above, are solely with a view to ensure social justice in respect of the parties involved in this suit. Ed. This Case is also Reported in: 65 DLR (HCD) (2013) 59. ......Dhaka, seeking a decree for declaration that the judgment and decree on compromise passed in Title Suit No. 168 of 1991 dated 3-5-95 is illegal, void and fraudulent which is not binding upon the plaintiffs. 4. The suit was instituted by two ladies who are the daughters of late Abul Hasnat ..Category: Property Law | Date: 7 Feb, 2012 | Hits: 4
Kalim Ullah (Md.) and others Vs. Fariduddin Ahmed, 2012, 41 CLC (AD)
....bdul Wahhab Miah J. I agree with the reasoning and findings given by my learned brother Md. Abdul Wahhab Miah J. Ed. This Case is also Reported in: 20 BLC (AD) (2015) 33. ......p; Md. Abdul Wahhab Miah J Nazmun Ara Sultana J Syed Mahmud Hossain J Md. Shamsul Huda J Md. Imman Ali J Kalim Ullah (Md.) and others ...............Appellant Vs. Fariduddin Ahmed…………&h......bdul Wahhab Miah J. I agree with the reasoning and findings given by my learned brother Md. Abdul Wahhab Miah J. Ed. This Case is also Reported in: 20 BLC (AD) (2015) 33. ......inistrator. An opinion on the point requires consideration of the facts which are succinctly narrated below: Appellant is a mutawali of a Waqf Estate who instituted Title Suit No.26 of 1992 (the plaintiff) against the respondent Nos.1-3 seeking nullity of lease deed dated 18th May, 1965 ex..Category: Trust/Waqf Law | Date: 1 Feb, 2012 | Hits: 10
Atif Atiq (Md.) and another Vs. Nurun Nahar Begum and others, 2012, 41 CLC (AD)
....the supplementary agreement dated 16-8-2004. With the above observations, this petition is dismissed. Ed. This Case is also Reported in: 18 BLC (AD) (2013) 27, 18 MLR (AD) (2013) 65. ......bsp; Nazmun Ara Sultana J Md Shamsul Huda J Syed Mahmud Hossain J Md. lmman Ali J Atif Atiq (Md.) and another..........................Petitioners Vs. Nurun Nahar Begum and others...............the supplementary agreement dated 16-8-2004. With the above observations, this petition is dismissed. Ed. This Case is also Reported in: 18 BLC (AD) (2013) 27, 18 MLR (AD) (2013) 65. ...... 5 against the judgment and decree dated the 8th day of June, 2010 passed by a Division Bench of the High Court Division in First Appeal No.328 of 2007 dismissing the same. 2. Respondent No.1 as plaintiff filed Title Suit No.37 of 2006 in the Court of Joint District Judge, 3rd Court, Dhaka for ..Category: Property Law | Date: 22 Jan, 2012 | Hits: 87
Sree Prodip Barua alias Bappi Vs. Faisal Madani and another, 2012, 41 CLC (AD)
...., from the above discussion it is evident that there is no merit in this civil petition for leave to appeal and hence it is dismissed. Ed. This Case is also Reported in: 9 ADC (2012) 231. ......da J Sree Prodip Barua alias Bappi………………………………………..Petitioner Vs. Faisal Madani and another.......................................Respondents Judgment January 15, 2012. ......, from the above discussion it is evident that there is no merit in this civil petition for leave to appeal and hence it is dismissed. Ed. This Case is also Reported in: 9 ADC (2012) 231. ......002 dismissing the appeal and affirming the judgment and decree dated 04.03.2002 passed by the Joint District Judge, 1st Court, Chittagong in Other Suit No.136 of 2000 decreeing the suit. 2. The plaintiff-respondent filed the above mentioned Other Suit No.136 of 2000 against this defendant-peti..Category: Civil Law | Date: 15 Jan, 2012 | Hits: 118
Mahua Khair Vs. Amena Begum Ali Ispahani, 2012, 41 CLC (AD)
.... i.e. the Sub-Ordinate Judge (now Joint District Judge), Additional Court, Dhaka. Ed. This Case is also Reported in: 17 MLR (AD) (2012) 172; 17 BLC (AD) (2012) 139; 9 ADC (2012) 924. ...... the appeals) Judgment January 10, 2012. Result: The appeals are allowed. Cases Referred to- 5 BLD (AD) 51;Civil Petition for Leave to Appeal No.360 of 2000;Manjunath Anandappa Urf Shivappa Hanasi vs.Tammanasa and others 10 SCC 390; Hajee Saru Meah Sowdagar and another...... i.e. the Sub-Ordinate Judge (now Joint District Judge), Additional Court, Dhaka. Ed. This Case is also Reported in: 17 MLR (AD) (2012) 172; 17 BLC (AD) (2012) 139; 9 ADC (2012) 924. ...... parties; a decree for khas possession of the suit property; a decree for Tk. 44,10,000/- on account of rent at the rate of Tk. 35,000/- per month from June 1985 to July 1996 and declaration that the plaintiff is entitled to receive rent at the rate of Tk. 50,000/- per month from August, 1996 till t..Category: Contract Law | Date: 10 Jan, 2012 | Hits: 1077
Md. Amzad Hossain Parag Vs. Md. Saiful Islam and others, 2012, 41 CLC (AD)
....w the judgment and decree of the trial court will stand. In the circumstances we dismiss this civil petition for leave to appeal. Ed. This Case is also Reported in: 9 ADC (2012) 224. ......Huda J Md. Amzad Hossain Parag………………………………………...Petitioner Vs. Md. Saiful Islam and others....................................Respondents Judgment January 9, 2012. ......w the judgment and decree of the trial court will stand. In the circumstances we dismiss this civil petition for leave to appeal. Ed. This Case is also Reported in: 9 ADC (2012) 224. ......ision in Civil Revision No.185 of 2008 making the rule absolute. 2. The facts necessary for disposal of this civil petition for leave to appeal are as follows:- 3. This leave petitioner, as plaintiff, filed Other Suit No.52 of 1999 for declaration that the kabala deed dated 10.11.19.75 exe..Category: Property Law | Date: 9 Jan, 2012 | Hits: 98
Mrs. Jahanara Ahmed Vs. Arab Bangladesh Bank Ltd. and others, 2011, 40 CLC (AD)
....record." Security of Tk. 1,000/- is to be deposited within 1 (one) month. Preparation of paper book is dispensed with as prayed for. Ed. This Case is also Reported in: 9 ADC (2012) 185. ......sain J Muhammad Imman Ali J Muhammad Mamtaz Uddin Ahmed J Mrs. Jahanara Ahmed………………………………………………...........Petitioner Vs. Arab Bangladesh Bank Ltd. and others...........................Respondents Order December 15, 2011. Result: Leav......record." Security of Tk. 1,000/- is to be deposited within 1 (one) month. Preparation of paper book is dispensed with as prayed for. Ed. This Case is also Reported in: 9 ADC (2012) 185. ...... directed against the judgment and order dated 28.05.2009 passed by the High Court Division in F. M. A. No.32 of 2004 dismissing the appeal. 2. The respondent No.1 Arab Bangladesh Bank Limited, as plaintiff, instituted Title Suit No.134 of 1995 before the Artha Rin Adalat No.2, Dhaka against the ..Category: Property Law | Date: 15 Dec, 2011 | Hits: 81
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