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Yunus Kha and others Vs. Abdul Momin and others, 2011, 40 CLC (AD)

....ation of materials on record do not call for interference. Accordingly the civil petition for leave to appeal is dismissed summarily. Ed. This Case is also Reported in: VIII ADC (2011) 613. ......in CJ Surendra Kumar Sinha J Md. Abdul Wahhab Miah J Nazmun Ara Sultana J Syed Mahmud Hossain J Muhammad Imman Ali J Mohammad Mamtaz Uddin Ahmed J Md. Shamsul Huda J Yunus Kha and others …………………………….............Petitioners Vs. Abdul Momin and other......ation of materials on record do not call for interference. Accordingly the civil petition for leave to appeal is dismissed summarily. Ed. This Case is also Reported in: VIII ADC (2011) 613. ......r Potimannessa. Potimannessa became traceless since she fled away, and as such the whole property of Khayton Nessa Bibi measuring about 6.29 4/5 acres devolved upon her son Abdul Latif, the father of plaintiff No.1. Abdul Latif married Bagir Ma, the daughter of Joynab Bibi. Bagir Ma died leaving beh..

Category: Property Law | Date: | Hits: 73

Md. Bande Ali Miah Vs. Chief Engineer, Housing and Settlement, 2011, 40 CLC (AD)

....leave to appeal, therefore, does not merit any consideration. In the circumstances this civil petition for leave to appeal be dismissed. Ed. This Case is also Reported in: VIII ADC (2011) 604....... Present: Surendra Kumar Sinha J Md. Abdul Wahhab Miah J Nazmun Ara Sultana J Syed Mahmud Hossain J Muhammad Imman Ali J Muhammad Mamtaj Uddin Ahmed J Md. Shamsul Huda J Md. Bande Ali Miah being dead his heirs: 1(a) Payesy Begum and others .........Petitioners Vs. The ......leave to appeal, therefore, does not merit any consideration. In the circumstances this civil petition for leave to appeal be dismissed. Ed. This Case is also Reported in: VIII ADC (2011) 604.......ent and order dated 12.07.2010 passed by a Single Bench of the High Court Division in Civil Revision No.1606 of 2001 making the Rule absolute. 2. The predecessor-in-interest of the petitioners, as plaintiff, filed Title Suit No.61 of 1999 against the respondents for perpetual injunction. 3. ..

Category: Property Law | Date: | Hits: 65

Md. Moktad Hossen Majumdar Vs. Md. Golam Mostafa Majumdar, 2011, 40 CLC (AD)

..... This civil petition for leave to appeal has got no merit. In the circumstances this civil petition for leave to appeal is dismissed. Ed. This Case is also Reported in: VIII ADC (2011) 596. ......ossain Chowdhury, Advocate-on-Record-For the Petitioner. Chowdhury Md. Zahangir, Advocate-on-Record-For the Respondent. Civil Petition for Leave to Appeal No. 643 of 2009. (From the judgment and decree dated 30.11.2008 passed by the High Court Division in Civil Revision No.1047 of 2007.) ....... This civil petition for leave to appeal has got no merit. In the circumstances this civil petition for leave to appeal is dismissed. Ed. This Case is also Reported in: VIII ADC (2011) 596. ...... leave to appeal has been directed against the judgment and decree dated 30.11.2008 passed by the High Court Division in Civil Revision No.1047 of 2007 discharging the Rule. 2. The respondent as plaintiff filed Title Suit No. 84 of 2000 in the Court of the Senior Assistant Judge, Chouddagram, C..

Category: Property Law | Date: | Hits: 74

Mosammat Moslema Khatoon Vs. Most. Rasheda Khatoon and others, 2011, 40 CLC (AD)

....f both the Courts below and rightly dismissed the suit. Evidently, there is no merit in this leave petition and hence it is dismissed. Ed. This Case is also Reported in: VIII ADC (2011) 583. ...... Muhammad Imman Ali J Muhammad Mamtaz Uddin Ahmed J Md. Shamsul Huda J Mosammat Moslema Khatoon .................................................Petitioner Vs. Most. Rasheda Khatoon and others……………….........................Respondents Judgment June 22, 2011. Re......f both the Courts below and rightly dismissed the suit. Evidently, there is no merit in this leave petition and hence it is dismissed. Ed. This Case is also Reported in: VIII ADC (2011) 583. ......and order dated 26.11.2008 passed by the High Court Division in Civil Revision No.416 of 2004.) Judgment Nazmun Ara Sultana J. - This Civil Petition for leave to appeal, at the instance, of the plaintiff-respondent, has been directed against the judgment and order dated 26.11.2008 passed by ..

Category: Property Law | Date: | Hits: 80

Government of Bangladesh Vs. Syndicate Limited, 1998, 17 CLC (HCD)

....e of the court. We find no merit in this revisional application. The Rule is, accordingly, discharged without any order as to coats. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 330.......adar, 6 DLR 478; Messrs R Sim & Co Vs. Messers Pak Industries Ltd., 8 DLR 305; Government of Bangladesh Vs. Jalaluddin Ahmed 37 DLR (AD) 27; Shambhu Nath Vs. SM Surja Devi, AIR 1961 Allahabad 180 and Ganesh ChandraMisra Vs. Artatrana Misra, AIR 1965 Orissa 17; Federation of Pakistan Vs.H Ghulam ......e of the court. We find no merit in this revisional application. The Rule is, accordingly, discharged without any order as to coats. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 330.......uddin Mahmood, learned Advocate appearing for the opposite party (contractor), has relied on the decision in the case of Government of Bangladesh Vs. Jalaluddin Ahmed 37 DLR (AD) 27. In this case the plaintiff respondent made a reference to the arbitrator, who made the award in favour of the defenda..

Category: Alternative Dispute Resolution | Date: | Hits: 147

Pubali Bank Ltd. Vs. Sultana Oil Mills and Soap Factory and others, 1998, 17 CLC (HCD)

....der as to costs. The judgment and decree passed by the trial Court is hereby affirmed. Send down the lower court records at once. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 323. ....... ......der as to costs. The judgment and decree passed by the trial Court is hereby affirmed. Send down the lower court records at once. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 323. ...... Khan Saifur Rahman with Mostafa Kamal Pasha, Advocates — For Respondent No.5. Appeal from the Original Decree No.43 of 1986. Judgment Md. Abdul Aziz J.- This appeal at the instance of the plaintiff has been filed against the decree passed by the learned Subordinate Judge, First Commercia..

Category: Business or Commercial Law | Date: | Hits: 196

Nurjahan Begum & others Vs. Jasimuddin Ahmed and others, 1998, 17 CLC (HCD)

....ted earlier by this Co stands vacated. Communicate the order of this Court to the teamed Senior Assistant Judge, Thakurgaon at once. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 310.......HCD) (1999) 310.......ted earlier by this Co stands vacated. Communicate the order of this Court to the teamed Senior Assistant Judge, Thakurgaon at once. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 310.......ed 1-7-87 passed by the Senior Assistant Judge, Thakurgaon in other class Suit No.24 of 1985 striking out the written statement filed by the defendant petitioners. 2. Opposite party Nos.1 and 2 as plaintiffs instituted a suit for permanent injunction in the Court of the Senior Assistant Judge, Th..

Category: Property Law | Date: | Hits: 108

Moqbul Hossain Bakul and others Vs. Mohammad Ali and others, 1998, 17 CLC (HCD)

....aintain status quo in respect of the possession of the suit property is hereby vacated. Send down the lower court records at once. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 307. ......ower court records at once. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 307. ......aintain status quo in respect of the possession of the suit property is hereby vacated. Send down the lower court records at once. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 307. ......eing Title Suit No.25 of 1987 against the contesting defendants Ito 4 and ex-parte against the rest. 2. The short fact relevant for the purpose of disposal of this Rule is that, the petitioners as plaintiffs instituted Title Suit No.25 of 1987 in the court of the Assistant Judge, Motlab impleadin..

Category: Property Law | Date: | Hits: 65

Hindu Deity Lakshmi Gobinda Jew Vs. Deputy Custodian, Enemy Property, Government of Bangladesh and others, 1998, 17 CLC (HCD)

....t be treated as abandoned property or vested property (enemy property) by the defendants. Send down the lower Court records at once. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 300....... (Civil) Present: Gour Gopal Saha J Hindu Deity Lakshmi Gobinda Jew………………Petitioner Vs. Deputy Custodian, Enemy Property (now Vested Property), Government of Bangladesh and others...………..Opposite Parties Judgment August 16, 1998. Result: The Rule is ......t be treated as abandoned property or vested property (enemy property) by the defendants. Send down the lower Court records at once. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 300.......e Appeal No.165 of 1977 affirming the judgment and decree dated 18-8-77 passed by the Second Court of Subordinate Judge, Dhaka in Title Suit No.34 of 1970 dismissing the suit. 2. The petitioner as plaintiff instituted a suit in the Second Court of Subordinate Judge, Dhaka being Title Suit No.34 o..

Category: Property Law | Date: | Hits: 102

Hosna Jahan (Munna) Vs. Md. Shajahan (Shaju) and others, 1998, 17 CLC (HCD)

....ccordingly, this application is rejected. The Family Court is directed to dispose of the suit on merit without any further adjournment. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 295....... in: 51 DLR (HCD) (1999) 295.......ccordingly, this application is rejected. The Family Court is directed to dispose of the suit on merit without any further adjournment. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 295.......dagram, Comilla rejecting the defendant-petitioner’s application for rejection of the plaint under section 6(8) of the Family Court Ordinance 1985. 2. The Opposite Party No.1 Shajahan @ Shaju as plaintiff instituted Family Suit No.27 of 1996 in the Court of the learned Senior Assistant Judge, C..

Category: Family Law | Date: | Hits: 166

Chan Mia (Md.) Vs. Rupnahar, 1998, 17 CLC (HCD)

....d that the impugned judgment and decree suffer from any illegality or error of law. The application is therefore summarily rejected. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 292. ......��………………Opposite Party Judgment March 3, 1998. Result: The application is summarily rejected. Cases Referred to- Abdul Kadir Vs. Salima, (1886) 8 All 149; Khodeza Begum and others Vs. Md. Sadeq Sarker, 1998 BLD 31; Anis Begum Vs. Md. Mostafa Wale, (1933) 55 All 743. ......d that the impugned judgment and decree suffer from any illegality or error of law. The application is therefore summarily rejected. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 292. ......993 filed by the wife for the restitution of conjugal rights, realisation of dower and for maintenance. 2. The Family Court decreed the suit holding that the defendant-petitioner (husband) and the plaintiff-opposite party (wife) are lawfully weeded couple and directed the defendant to pay a sum o..

Category: Family Law | Date: | Hits: 166

Santi Gopal Dey and others Vs. Maliza Rani Saha and others, 1998, 17 CLC (HCD)

....urnments to the parties except on most convincing grounds. Communicate the order to the learned Assistant Judge, Narshingdi at once. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 290.......sistant Judge, Narshingdi at once. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 290.......urnments to the parties except on most convincing grounds. Communicate the order to the learned Assistant Judge, Narshingdi at once. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 290.......ed Senior Assistant Judge allowed the case of the opposite party under Order 9 rule 13 of the Code of Civil Procedure. 2. Short facts relevant for disposal of the case are that, the petitioners as plaintiffs instituted a suit in the Court of the Senior Assistant Judge Narshingdi being Title Suit ..

Category: Procedural Law | Date: | Hits: 58

Shamsuddin Ahmed and others Vs. Government of Bangladesh and others, 1993, 22 CLC (HCD)

....lier granted by this Court and extended from time to time is hereby vacated. Communicate the order to the Court concerned at once. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 675. ...... Reported in: 45 DLR (HCD) (1993) 675. ......lier granted by this Court and extended from time to time is hereby vacated. Communicate the order to the Court concerned at once. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 675. ......ttorney General ‑ For the Opposite Parties. Civil Revision No.3296 of 1992. Judgment Md. Sirajul Islam J.- This Rule under section 115 of the Code of Civil Procedure at the instance of the plaintiff respondent petitioner was issued upon the defendant appellant opposite parties 1‑4 to sh..

Category: Property Law | Date: | Hits: 68

Bangladesh and another Vs. Banarashi Lal Sharaf and others, 1993, 22 CLC (HCD)

....iff's Title Suit No.18/57 is dismissed. In the facts and circumstances of the case parties shall bear their respective costs althrough. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 669.......is also Reported in: 45 DLR (HCD) (1993) 669.......iff's Title Suit No.18/57 is dismissed. In the facts and circumstances of the case parties shall bear their respective costs althrough. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 669....... 1959. Judgment Kazi Ebadul Hoque J.- This appeal by the defendants is against judgment and decree dated 27.3.1959 passed by the Subordinate Judge, Kushtia in Title Suit No.18 of 1957 decreeing plaintiff's Suit for declaration that seizure of the disputed goods on 5.1.55 and confiscation of th..

Category: Fiscal/Taxation Law | Date: | Hits: 125

Shyamal Chandra Roy Vs. Probhat Chandra Roy, 1999, 18 CLC (HCD)

....order, with notice to the contending parties. Communicate the order of the Court to the learned Assistant Judge, Thakurgaon at once. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 504.......ned Assistant Judge, Thakurgaon at once. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 504.......order, with notice to the contending parties. Communicate the order of the Court to the learned Assistant Judge, Thakurgaon at once. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 504.......gment and decree passed in Title Suit No.28 of 1991 by the Assistant Judge, Pirganj dismissing the suit on contest. 2. Short facts relevant for the purpose of the case are that, the petitioners as plaintiffs instituted a suit in the Court of the Assistant Judge, Pirganj in the District of Thakurg..

Category: Procedural Law | Date: | Hits: 91

Mizanur Rahman Khan (Md.) and another Vs. Jinnatul Ferdous and others, 1999, 18 CLC (HCD)

....ioner on 18-6-97 in execution of the writ issued to him by the learned Executing Court. Send down the lower Court records at once. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 493. ......Court records at once. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 493. ......ioner on 18-6-97 in execution of the writ issued to him by the learned Executing Court. Send down the lower Court records at once. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 493. ......restoration of possession on the ground that no executable decree was passed. 2. Short facts relevant for the purpose of the case are that, the predecessor-in-interest of opposite party Nos.1-8 as plaintiff instituted Title Suit No.52 of 1986 under section 14 of the Arbitration Act to make the aw..

Category: Civil Law | Date: | Hits: 66

Falu Mia Vs. Md. Nazrul Islam and others, 1999, 18 CLC (HCD)

....rmed. The order of stay granted earlier by this Court stands vacated. Communicate the order to the learned Court below at once. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 486. ......in: 51 DLR (HCD) (1999) 486. ......rmed. The order of stay granted earlier by this Court stands vacated. Communicate the order to the learned Court below at once. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 486. ...... of 1992. Judgment Gour Gopal Saha J.- This Rule arises out of an order dated 14-9-92 passed by the Subordinate Judge and Artha Rin Adalat No.4, Dhaka in Title Suit No.393 of 1987 exempting the plaintiff from the necessity of impleading 36 persons as defendants in the suit. 2. Short facts r..

Category: Procedural Law | Date: | Hits: 67

Shaikh Jahangir Hossain Vs. Government of Bangladesh and others, 2001, 30 CLC (HCD)

....udgment be forwarded, to the learned Judge wherever he is posted now, for his future guidance. Send down the lower Court records at once. Ed. This Case is also Reported in: 55 DLR (2003) 405. ......ellate Jurisdiction) Present: ABM Khairul Haque J K Musa Khaled J Shaikh Jahangir Hossain…………………………………..………..Appellant Vs. Government of Bangladesh and others................Respondents Judgment November 12, 2001. Result: The suit for s......udgment be forwarded, to the learned Judge wherever he is posted now, for his future guidance. Send down the lower Court records at once. Ed. This Case is also Reported in: 55 DLR (2003) 405. ......him with a further prayer for specific performance of contract contending, inter alia, that in response to a public notice for sale of the unused lands of the Railway Department through tender, the plaintiff submitted two tenders to the concerned authorities for two plots of lands along with the d..

Category: Civil Law | Date: | Hits: 82

Abu Sayeed Sheikh and others Vs. Md. Majibur Rahman and others, 1998, 17 CLC (HCD)

....receipt of this order. The order of stay granted earlier by this Court stands vacated. Send down the lower Courts record as once. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 289.......the lower Courts record as once. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 289.......receipt of this order. The order of stay granted earlier by this Court stands vacated. Send down the lower Courts record as once. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 289.......d dismissed the suit as being barred by limitation. The learned trial Court also found that the suit is barred by res judicata and bad for defect of parties. The learned Munsif further found that the plaintiff had no cause of action and he failed to prove his title in the suit land. 6. On appeal,..

Category: Property Law | Date: | Hits: 75

Hazrat Ali and another Vs. Kudrat Ali and others, 1991, 20 CLC (HCD)

....n this case on behalf of the petitioners have no manner of application. In the result, the Rule is discharged. No order as to costs. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 658.......s to costs. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 658.......n this case on behalf of the petitioners have no manner of application. In the result, the Rule is discharged. No order as to costs. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 658.......gment impugned before me it appears that the learned Judge while allowing the Miscellaneous Case found that the Title Suit No.159 of 1978 was filed after 7 months of filing the pre‑emption case and plaintiff, Lal Mahmud obtained the ex parte decree against the party Nos. 1 and 2 within 3 months of..

Category: Property Law | Date: | Hits: 72

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