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Salahuddin Khan and others and others Vs. Md. Abdul Hai Bahar and others, 2011, 40 CLC (AD)

.... The trial Court is further directed to dispose of the suit as expeditiously as possible. Ed. This Case is also Reported in: 63 DLR (AD) (2011) 138, 31 BLD (AD)(2011) 185, VIII ADC (2011) 869. ......in CJ Surendra Kumar Sinha J Md. Abdul Wahhab Miah J Nazmun Ara Sultana J Syed Mahmud Hossain J Md. Imman Ali J Md. Mamtaz Uddin Ahmed J Md. Shamsul Huda J Salahuddin Khan and others and others...................Appellants Vs. Md. Abdul Hai Bahar and others………...... The trial Court is further directed to dispose of the suit as expeditiously as possible. Ed. This Case is also Reported in: 63 DLR (AD) (2011) 138, 31 BLD (AD)(2011) 185, VIII ADC (2011) 869. ......06 rejecting the application for amendment of the plaint and making the Rule absolute. 2. The short fact necessary for disposal of this appeal is that appellant Nos.1 and 2 and respondent No.20 as plaintiffs instituted Title Suit No.43 of 1996 in the Court of Subordinate Judge, first Court, Khuln..

Category: Civil Law | Date: | Hits: 86

Sadharan Bima Corporation Vs. Philoship Co. S A, 1990, 19 CLC (HCD)

....of the case as stated above, I find no merit in the present suit and as such it is dismissed on contest without any order as to costs. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 31. ......h Court Division (Admiralty Jurisdiction) Present: Md. Mozammel Hoque J Sadharan Bima Corporation...................Plaintiff. Vs. Philoship Co. S A Owner of the Greek Ship M V Hios and others…………..…….Defendants. Judgment July 22, 1990. Cases Referred To- Do......of the case as stated above, I find no merit in the present suit and as such it is dismissed on contest without any order as to costs. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 31. ...... Lawyers Involved: Manzur‑ur Rahim, Advocate ‑ For the Plaintiff. M Hafizullah, Advocate ‑ For the Defendants. Admiralty Suit No. 8 of 1982 Judgment Md. Mozammel Hoque J.- The plaintiff has instituted this suit on the allegations, inter alia, that the plaintiff is a statutory..

Category: Admiralty Law or Maritime Law | Date: | Hits: 177

Hazerannessa Vs. Nasiruddin Mahmood and others, 1991, 20 CLC (HCD)

....urt to re‑hear the same in accordance with law with utmost expedition. In the result, the Rule is discharged. No order as to cost. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 28.......8.......urt to re‑hear the same in accordance with law with utmost expedition. In the result, the Rule is discharged. No order as to cost. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 28.......s of land appertaining to CS Plot No.389 of CS khatian No.136 of Mouza Lokuriapara restraining the defendants from entering upon the land in suit on various averments including the assertion that the plaintiff has been in possession of the land in suit on the basis of an order passed in a pre‑empt..

Category: Procedural Law | Date: | Hits: 79

Bangladesh Mukti Judda Kallyan Trust Vs. Nurul Hossain and others, 1990, 19 CLC (HCD)

....ompliance to the Court of Subordinate Judge concerned within 16 days of the receipt of this order. Communicate this order at once. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 22. ......urisdiction) Present: Anwarul Haque Chowdhury J Kazi Ebadul Hoque J Bangladesh Mukti Judda Kallyan Trust…………………………………………Appellant Vs. Nurul Hossain and others……………………………………..Respondents Judgment December 18, 1990. ......ompliance to the Court of Subordinate Judge concerned within 16 days of the receipt of this order. Communicate this order at once. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 22. ......ew jute godown at Narayanganj being Municipal Holding No.150/152, BK Road Narayanganj is claimed by both the Bangladesh Mukti Judda Kallyan Trust and also by Nurul Hossain, son of late Abdul Huq, the plaintiff of Title Suit No.12 of 1986 out of which the mandatory injunction arose and the subject ma..

Category: Property Law | Date: | Hits: 389

Bangladesh Vs. Anisur Rahman and another, 2011, 40 CLC (AD)

....it the concise statement within 25th April, 2011 and 1 (one) week thereafter the respondent shall file the concise statement positively. Ed. This Case is also Reported in: VIII ADC (2011) 383. ......ivision (Civil) Present: Surendra Kumar Sinha J Md. Abdul Wahhab Miah J Nazmun Ara Sultana J Syed Mahmud Hossain J Bangladesh, repre­sented by the Secretary, Ministry of Housing and Public Works, Bangladesh Secretariat, Police Station-Ramna, Dhaka and oth­ers...........Petitio......it the concise statement within 25th April, 2011 and 1 (one) week thereafter the respondent shall file the concise statement positively. Ed. This Case is also Reported in: VIII ADC (2011) 383. ......ion in respect of selfsame 1 bigha of land of plot No.246 of Tejgaon Industrial Area, but the prayer for temporary injunction was rejected by the order dated 29.10.1995. As against the said order the plaintiff filed Miscellaneous Appeal No.295 of 1995 which also was dismissed for default on 05.02.19..

Category: Property Law | Date: | Hits: 85

Abdus Salam Vs. Hafez Ahmed and others, 2011, 40 CLC (AD)

....h. Preparation of paper book is dispensed vim as prayed for. Parties are directed to maintain status-quo till disposal of the appeal. Ed. This Case is also Reported in: VIII ADC (2011) 370.......III ADC (2011) 370.......h. Preparation of paper book is dispensed vim as prayed for. Parties are directed to maintain status-quo till disposal of the appeal. Ed. This Case is also Reported in: VIII ADC (2011) 370.......udgment and decree dated 26.05.1991 passed by the Senior Assistant Judge, Satkania, Chittagong in Other Suit No.150 of 1986 decreeing the suit. 2. The predecessors of the present peti­tioners, as plaintiffs, instituted Other Suit No.150 of 1986 before the Court of Assistant Judge, Satkania again..

Category: Property Law | Date: | Hits: 77

Mohammad Mahbubur Rahman Vs. G.M Mostafa and another, 2011, 40 CLC (AD)

.... 28.02.2010 passed by the High Court Division in Contempt Petition No. 156 of 2009 and 83 of 2009 be stayed till disposal of the appeals. Ed. This Case is also Reported in: VIII ADC (2011) 361. ......ain J Surendra Kumar Sinha J Md. Abdul wahhab Miah J Syed Mahhmud Hossain J Imman Ali J Mohammad Mahbubur Rahman…….............Petitioners (In both the cases) Vs. G.M Mostafa and another…........Respondents (In Civil Petition No. 655 of 2010) Shanaz Noor and another…...... 28.02.2010 passed by the High Court Division in Contempt Petition No. 156 of 2009 and 83 of 2009 be stayed till disposal of the appeals. Ed. This Case is also Reported in: VIII ADC (2011) 361. ......mondi, Dhaka from the 'Ka' list of the aban­doned buildings published in the offi­cial Gazette, on 23rd September 1986 is collusive, fraudulent, void-ab-initio, inoperative and not binding upon the plaintiff. ii. On the basis of the impugned deci­sion (schedule-I) obtained by fraud, the suit p..

Category: Others | Date: | Hits: 118

Zakir Hossain and another Vs. Md. Yousuf Kabir and another, 2011, 40 CLC (AD)

.... of the court of Joint District Judge, 2nd Court, Dhaka both arising out of Title Suit No.59 of 1994 be stayed till disposal of the appeal. Ed. This Case is also Reported in: VIII ADC (2011) 344.......: VIII ADC (2011) 344....... of the court of Joint District Judge, 2nd Court, Dhaka both arising out of Title Suit No.59 of 1994 be stayed till disposal of the appeal. Ed. This Case is also Reported in: VIII ADC (2011) 344.......02 both in the Court of the Subordinate Judge (Joint District Judge) Second Court, Dhaka. Title Suit No.59 of 1994 was for declaration of title to the suit land and for a further declaration that the plaintiffs were not bound by the judgment and decree dated 15.11.1979 passed in Title Suit No.62 of ..

Category: Property Law | Date: | Hits: 72

Alauddin (Md.) and others Vs. Yusuf Ali and another, 1993, 22 CLC (HCD)

....njunction is rejected. In the result the Rule is made absolutely without any order as to costs. Communicate this order at once. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 328. ......order at once. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 328. ......njunction is rejected. In the result the Rule is made absolutely without any order as to costs. Communicate this order at once. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 328. ......85 confirming the judgment and order dated 24.4.85 passed by Mr. MH Khan, Munsif Upazila Court, Bahubal in Title Suit No.476 of 1984. 2. The facts, as stated in the petition, in short are that the plaintiff opposing party instituted Title Suit No. 470 of 1984 against the defendant petitioners for..

Category: Property Law | Date: | Hits: 101

Mohsin Kabir (Rupan) Vs. Government of the People's Republic of Bangladesh and others, 1991, 20 CLC (HCD)

....ent dated 19.9.88 of the Settlement Court Case No. 422 of 1987. On the grounds stated above the application is summarily rejected. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 301. ......isdiction) Present: Fazle Hussain Mohammad Habibur Rahman J KM Hasan J Mohsin Kabir (Rupan).........................Petitioner Vs. Government of the People's Republic of Bangladesh and others……………………Respondents Judgment July 18, 1991. Cases Referred To- ......ent dated 19.9.88 of the Settlement Court Case No. 422 of 1987. On the grounds stated above the application is summarily rejected. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 301. ......tion No, 424/89. In the case of Abdul Khaleq Bains and others Vs. Government of Bangladesh and others, 1987 BLD (AD) 121 it has been held by the Appellate Division as follows: "It appears that the plaintiff‑appellant filed the suit for declaration of his title to the property on the ground that..

Category: Property Law | Date: | Hits: 86

Fazlu Molla and others Vs. Shamsul Hoque Molla, 1993, 22 CLC (HCD)

....udgment and decree of the Court of appeal below is hereby affirmed. Let the LC records be sent down to the co below expeditiously. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 299. ......ditiously. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 299. ......udgment and decree of the Court of appeal below is hereby affirmed. Let the LC records be sent down to the co below expeditiously. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 299. ......n Title Appeal No.58 of 1971 allowing the appeal and setting aside the judgment and decree dated 14.1.71 passed by the Munsif, 2nd Court, Gopalgonj in Title Suit No.135 of 1969. 2. The case of the plaintiff, in short, is that deceased Ganzer Molla, father of defendant Nos. 1 to 3 and his wife def..

Category: Property Law | Date: | Hits: 88

Mohammad Abdus Sabur Vs. Agrani Bank, 2011, 40 CLC (HCD)

....at the time of issuing the Rule is vacated. Let a copy of the judgment be communicated to the concerned executing Court. Nazmun Ara Sultana J.- I agree. Ed. This Case is also Reported in: ......urisdiction) Present: Nazmun Ara Sultana J Md. Ruhul Quddus J Mohammad Abdus Sabur ………………….................Petitioner Vs. Agrani Bank, Laldighi East Branch, Chittagong and others…... Respondents Judgment February 10, 2011. The Artha Rin Adalat Ain, 2003 (Ac......at the time of issuing the Rule is vacated. Let a copy of the judgment be communicated to the concerned executing Court. Nazmun Ara Sultana J.- I agree. Ed. This Case is also Reported in: ...... Rin Adalat No.1, Chittagong and also the entire proceedings in the said execution case. 2. Facts leading to this writ petition, in short, are that Agrani Bank, Laldighi East Branch, Chittagong as plaintiff instituted Mortgage Suit No.107 of 1991 before the Artha Rin Adalat No.1, Chittagong Sadar..

Category: Civil Law | Date: | Hits: 84

Buddhi Sankar Biswas Vs. Akbar Ali Sheikh, 1991, 20 CLC (HCD)

....de of Civil Procedure for rehearing of the Civil Revision Case No.1181 of 1980 is hereby rejected without any order as to costs. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 242. ......Buddhi Sankar Biswas………………………Petitioner Vs. Akbar Ali Sheikh……………………Opposite Party Judgment August 11, 1991. Cases Referred To- Punjab Ali Pramanik and others Vs. Md. Mokarram Hossain, 29 DLR (SC) 185; Mayajan Bibi Vs. Monohar Ali, 39 DLR 68; Arjun......de of Civil Procedure for rehearing of the Civil Revision Case No.1181 of 1980 is hereby rejected without any order as to costs. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 242. ......on Case No.1181 of 1980 which was disposed on 9.8.90 on merit by this Court while sitting in Jessore Bench. 2. Short facts necessary for the purpose of this petition are: The present petitioner as plaintiff brought Title Suit No.339 of 1970 in the Court of Munsif, First Court, Kushtia against the..

Category: Property Law | Date: | Hits: 90

Umme Hani Begum and others Vs. Ram Gopal Sarker and others, 2008, 37 CLC (HCD)

....le Suit No.344 of 1994 decreeing the suit is set aside. The suit stands dismissed. Send down the lower Court's record immediately. Ed. This Case is also Reported in: 62 DLR (HCD) (2010) 17. ...... This Case is also Reported in: 62 DLR (HCD) (2010) 17. ......le Suit No.344 of 1994 decreeing the suit is set aside. The suit stands dismissed. Send down the lower Court's record immediately. Ed. This Case is also Reported in: 62 DLR (HCD) (2010) 17. ......ivil Appellate Division) Present: SAN Mominur Rahman J Shahidul Islam J Umme Hani Begum and ors……………..Defendant-Appellants. Vs. Ram Gopal Sarker and others…………….plaintiff-Respondents. Judgment August 13, 2008. Lawyers Involved: Mahbubey Alam with Md..

Category: Property Law | Date: | Hits: 74

Mahabub Alam Faruq (Md.) and another Vs. Bangladesh, 2009, 38 CLC (HCD)

....nts are further directed to inform this Court about the compliance thereof within 45 days from the date of the receipt of this judgment. Ed. This Case is also Reported in: 62 DLR (HCD) (2010) 31.......s also Reported in: 62 DLR (HCD) (2010) 31.......nts are further directed to inform this Court about the compliance thereof within 45 days from the date of the receipt of this judgment. Ed. This Case is also Reported in: 62 DLR (HCD) (2010) 31.......cre land and he was possessing the land. The SA record of the land was wrongly published in the name of the previous owners of the land instead of Md. Khairul Huda. As such Md. Khairul Huda being the plaintiff initiated other class suit No.242 of 1981 in the Court of Munsif Iswargonj for declaration..

Category: Property Law | Date: | Hits: 69

Saroj Kumar Sarker and others Vs. Manoj Kumar Sarkar, 2007, 36 CLC (HCD)

.... Manikgonj is withdrawn and transferred 1othis Court for hearing along with the First Appeal No.15 of 1988 analogously. Communicate. Ed. This Case is also Reported in: 62 DLR (HCD) (2010) 25.......is also Reported in: 62 DLR (HCD) (2010) 25....... Manikgonj is withdrawn and transferred 1othis Court for hearing along with the First Appeal No.15 of 1988 analogously. Communicate. Ed. This Case is also Reported in: 62 DLR (HCD) (2010) 25.......transferred to the Court of Subordinate Judge, Manikgonj, for analogous hearing with the aforesaid Partition Suit No. 64 of 1986 and the same was renumbered as Title Suit No.138 of 1985. In that suit plaintiff claimed that their co-sharer, Monoj Kumar Sarker, left for India in the year 1952 and died..

Category: Property Law | Date: | Hits: 68

Nowazullah and another Vs. Waz Khatun & another, 1990, 19 CLC (HCD)

.... reconveyance. In the result, the Rule is discharged but without any order as to costs. Let the records be sent down immediately. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 279.......mmediately. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 279....... reconveyance. In the result, the Rule is discharged but without any order as to costs. Let the records be sent down immediately. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 279....... Shahabuddin Faiz and Maqbul Ahmed Advocates ‑ For the Opposite Parties. Civil Revision No.1027 of 1982. Judgment Kazi Ebadul Hoque J.- This Rule issued on 4.6.82 is at the instance of the plaintiff challenging the judgment and decree dated 24.2.82 passed by the Subordinate Judge, 1st Cou..

Category: Property Law | Date: | Hits: 57

Joirunnessa and others Vs. Abdul Matalib being dead his legal heirs; Alta Begum and others, 2009, 38 CLC (AD)

....rder of Trial Court is liable to be restored and accordingly restored. Accordingly, the appeal is allowed without any order as to costs. Ed. This Case is also Reported in: VIII ADC (2011) 302.......This Case is also Reported in: VIII ADC (2011) 302.......rder of Trial Court is liable to be restored and accordingly restored. Accordingly, the appeal is allowed without any order as to costs. Ed. This Case is also Reported in: VIII ADC (2011) 302.......neous Appeal No.38 of 1990 allowing the appeal granting temporary injunction reversing those dated 08.03.1990 passed by the Senior Assistant Judge, Sadar, Sylhet in Title Suit No.241 of 1989 refusing plaintiffs prayer for tem­porary injunction. 2. The facts involved in case, in short, are that t..

Category: Property Law | Date: | Hits: 65

Md. Farid Hossain and others Vs. Md. Abul Hossain and another, 2009, 38 CLC (AD)

.... dif­ferent and distinguishable which has no manner of application. Accordingly, the appeal is allowed without any order as to costs. Ed. This Case is also Reported in: VIII ADC (2011) 297. ......ase is also Reported in: VIII ADC (2011) 297. ...... dif­ferent and distinguishable which has no manner of application. Accordingly, the appeal is allowed without any order as to costs. Ed. This Case is also Reported in: VIII ADC (2011) 297. ......le absolute setting aside those dated 11.04.1991 passed by the Additional Assistant Judge, 3rd Court, Chittagong in Other Suit No. 66 of 1990 transposing the appellant, a defendant to the category of plaintiff. 2. The facts involved in case, in short, are that the plaintiff married thrice. His fi..

Category: Property Law | Date: | Hits: 65

Salma Parveen Vs. Md. Amir Hossain and others, 2009, 38 CLC (AD)

....tance in the submissions of the learned Counsel for the appellant. Accordingly, the appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: VIII ADC (2011) 293. ......vil) Present: Mohammad Fazlul Karim J Md. Joynul Abedin J Shah Abu Nayeem Mominur Rahman J Salma Parveen...........................................Appellant Vs. Md. Amir Hossain and others………………………….Respondents Judgment March 18, 2009. Cases Referr......tance in the submissions of the learned Counsel for the appellant. Accordingly, the appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: VIII ADC (2011) 293. ......he defendant received TK. 5, 00,000.00 as earnest money on con­dition that the defendant would execute and register the sale deed within six months on receipt of the balance consider­ation from the plaintiff; Subsequently, on 20.10.1997 defendant received another sum of TK. 20,000.00; that the def..

Category: Property Law | Date: | Hits: 112