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Mst. Komla Begum and another Vs. Md. Shahab Ali and others, 2010, 39 CLC (AD)

....¦â€¦â€¦â€¦........Respondents Order March 15, 2010. Lawyers Involved: Bivash Chandra Biswas, Advocate-on-Record-For the Petitioners. Not represented-the Respondents. Civil Petition for Leave to Appeal No.285 of 2009. (From the judgment and order dated 09.07.2008 passed by the H......st Court of Munsif, Magura, which was subse­quently transferred to the Munsif Court of Sreepur Upazila and was renumbered as Title Suit No.425 of 1983 against Bangladesh and others. The suit was for declaration of title and confirmation of possession alleging that the land meas­uring 3.31 acres of..

Category: Property Law | Date: | Hits: 28

Surujit Bose (Raju) Vs. Bangladesh and others, 2010, 39 CLC (AD)

....te-on-Record-For the Petitioners. Md. Nurul Amin, Advocate instructed by Nurul Islam Bhuiyan, Advocate-on-Record-For Respondent No.1. Not rep­resented- Respondent Nos. 2-10. Civil Petition for Leave to Appeal No. 2087 of 2007. (From the judgment and order dated the 2nd day of August, 2......ecific boundary of Bhuban Mohan Ghose vide registered deed No.2615. Bhuban Mohan Ghose as plaintiff filed Title Suit No.1537 of 1929 against Elahi Box and others in the 3rd Court of Munsif, Dhaka for declaration of title and recovery of 'Kha' possession so far it relates to C.S. Plot No.94. In that ..

Category: Property Law | Date: | Hits: 23

Azizur Rahman Khan and others Vs. Md. Aynul Miah and others, 2010, 39 CLC (AD)

....e, instruct­ed by Mrs. Sufia Khatun, Advocate-on-Record-For the Petitioners A.K.M. Shahidul Huq, Advocate-on-Record-For Respondent No. 1. Not represented-Respondent Nos. 2-3. Civil Petition for Leave to Appeal No.1521 of 2009. (From the Judgment and order dated 28.05.2009 passed by the ......by the High Court Division in Civil Revision No.5650 of 2007 and Civil Revision No.5651 of 2007, setting aside the judgment and decree passed by the District Judge, Dhaka and upholding the decree for declaration, passed by the Assistant Judge, Dhamrai. 2. The facts of the case, in brief, are that..

Category: Property Law | Date: | Hits: 21

Md. Rustom Ullah and others Vs. Md. Zomiruddin and others, 2009, 38 CLC (AD)

....wdhury Md. Jahangir, Advocate-on-Record-For the Petitioners. S. M. Md. Nurul Huda Jaigirder, Advocate, instructed by Syed Mahbubar Rahman, Advocate-on-Record-For the Respondents. Civil Petition for Leave to Appeal No.101 of 2008. (From the judgment and order dated 30.10.2007 passed by the H......vil Revision No. 3326 of 1998 making the Rule absolute. 2. The respondent No.1, along with oth­ers, filed Title Suit No. 23 of 1993 in the Court of Senior Assistant Judge Madhabpur, Habigonj, for declaration that they are entitled to represent No.4 Digolbak Union Parishad under order 1 Rule 8 of..

Category: Civil Law | Date: | Hits: 72

Advocate Md. Salahuddin Dolon Vs. Government of Bangladesh and Others, 2010, 39 CLC (HCD)

....t of Bangladesh and Others, (2009) 14 BLC 694=(2009) 29 BLD (HCD) 415. Lawyers Involved: Md. Salahuddin Dolon, petitioner in person, Ms. Sara Hossain, co-petitioner No. 2. Syed Mamun Mahbub-for respondent No.3. Writ Petition No. 4495 of 2009. Judgment Syed Mahmud Hossain J.- On 2......pondent No.1, the Ministry of Education by a special messenger of this Court at the cost of the office. Syeda Afsar Jahan J. I agree Ed. This Case is also Reported in: 63 DLR (HD) (2011) 80. ..

Category: Constitutional Law | Date: | Hits: 201

Ali Akbar Vs. Farijuddin and another, 2000, 29 CLC (HCD)

....Huq J.- The fate of this Civil Revision Petition hinges on answer to the following core question, whether a Miscellaneous Case under Order 9, rule 13 of the Code of Civil Procedure which was directed for restoration of a suit on setting aside an ex parte decree, dismissed for default can be restored......ctly be stated and noticed. 4. Petitioner of this Civil Revision Petition as plaintiff land a suit being Title Suit No.72 of 1985 in the Court of Munsif (now Assistant Judge), Kachua, Chandpur for declaration that solenama filed by plaintiff-petitioner on 14-8-1985 in Miscellaneous Case No. 49 of..

Category: Procedural Law | Date: | Hits: 83

Gold Topps Co. Hong Kong and others Vs. Trading Corporation of Bangladesh and Another, 2000, 29 CLC (HCD)

.... of 1991. Judgment Gour Gopal Saha J. - In this Rule the order dated 20-9-88 passed by the Subordinate Judge and Commercial Court, Chittagong in Money Suit No. 22 of 1987 allowing the prayer for amendment of the plaint has been called in question. 2. Short facts relevant for the purpose ......ship, defendant No. 2 is the charterer and defendant No. 3 acted as the local agent both for defendant Nos. 2 and 3. It has been alleged that defendant No.1 cleared the cargo at Chittagong Port on a declaration as the Ship’s agent under section 55(B) of the Customs Act whereby he undertook person..

Category: Civil Law | Date: | Hits: 91

Khandakar (Md.) Shahjahan Vs. Md. Atiar Rahman Monshi & others, 2000, 29 CLC (HCD)

....has been occasioned. No authority could be placed from the side of petitioner in support of the contention raised. 5. Contentions pressed into service from the side of petitioner has been repelled for and on behalf of opposite party in bringing his strenuous arguments which are hereunder: (i) ......ion Tribunal and declared election result of Chairman of No. 2 Daldalia Union Parishad as a whole void. In allowing the appeal Election Appellate Judge taking into account Exhibit 11 found that after declaration of election schedule without the permission of Election Commission, Electoral Roll or vo..

Category: Election Law | Date: | Hits: 89

Dinesh Chandra Deb Vs. Dulal Chandra Karmakar and others, 2001, 30 CLC (HCD)

....r Assistant Judge, 2nd Additional Assistant Judge Court, Sadar, Noakhali allowing comparison of disputed document against which another suit is brought with plaintiffs signature disputed in the suit, for obtaining opinion of the Handwriting Expert in Title Suit No. 461 of 1990 2. The petitioner a......obtaining opinion of the Handwriting Expert in Title Suit No. 461 of 1990 2. The petitioner as plaintiff instituted Title Suit No.461 of 1990 in the Court of Assistant Judge, Sadar, Noakhali for a declaration that the decree dated 24-2-1983 passed by the learned Subordinate Judge, Sadar, Noakhali..

Category: Procedural Law | Date: | Hits: 85

Mojibul Haque (Md) Vs. Ataur Rahman and others, 2000, 29 CLC (HCD)

....nd the decision taken in the meeting removing the plaintiff from the managing committee and the co-option of the defendants in the managing committee is illegal void and without lawful authority, and for further declaration that the initiation of the enquiry against the plaintiff by the defendant No......ion taken in the meeting removing the plaintiff from the managing committee and the co-option of the defendants in the managing committee is illegal void and without lawful authority, and for further declaration that the initiation of the enquiry against the plaintiff by the defendant Nos.11-13 at t..

Category: Administrative Law | Date: | Hits: 146

Fulbaria Adarsha Market Dokandar Malik Samity Vs. Fulbaria Adarsha Market Khatigrashta Kallyan Samabaya Samity Dokandar & others, 2001, 30 CLC (HCD)

....one after another, and is now being disposed of by this order. 4. On 29-11-2000 the petitioner in the later Rule as plaintiff instituted the suit against the Waqf Authorities, defendant Nos.1 to 3 for a decree for mandatory injunction for restoration of possession of the suit land measuring 1.00 ......e added Samities have been in possession as lessees under the Dhaka City Corporation of the suit land since 1989. In 1995, the plaintiff Samity was formed and instituted Title Suit No. 71 of 1998 for declaration of title and perpetual injunction against the added defendants but the plaint of the sui..

Category: Civil Law | Date: | Hits: 84

Dr Wakil Ahmed and ors. Vs. Sufia Khatun and ors., 2000, 29 CLC (HCD)

....y the Additional Subordinate Judge, Dhaka in Title Appeal No. 48 of 1997. 2. The opposite party No. 1 as plaintiff instituted title suit No. 28 of 1993 in the Court of First Assistant Judge, Dhaka for declaration and cancellation of deed and for permanent injunction. The suit was transferred to t......e Additional Subordinate Judge, Dhaka in Title Appeal No. 48 of 1997. 2. The opposite party No. 1 as plaintiff instituted title suit No. 28 of 1993 in the Court of First Assistant Judge, Dhaka for declaration and cancellation of deed and for permanent injunction. The suit was transferred to the C..

Category: Procedural Law | Date: | Hits: 90

Abdul Wahab Biswas Vs. Abdul Matin Miah & others, 1999, 28 CLC (HCD)

....udgment and order passed by the Subordinate Judge. Second Court, Faridpur on 09-11-97 in Title Suit No. 7 of 1997 granting temporary injunction.2. Short facts relevant are that the petitioner and pro forma opposite party Nos.6-13 being plaintiffs instituted Title Suit No.7 of 1997 in the Court of th......ort facts relevant are that the petitioner and pro forma opposite party Nos.6-13 being plaintiffs instituted Title Suit No.7 of 1997 in the Court of the Subordinate Judge, Second, Court, Faridpur for declaration of title in the suit land.3. Defendant opposite party Nos.1-5 have been contesting the s..

Category: Procedural Law | Date: | Hits: 81

Abdul Kader @ Kada and others Vs. State, 2010, 39 CLC (AD)

...., 2010. Lawyers Involved: Dr. Rabeya Bhuiyan, Senior Advocate instructed by Md. Nawab Ali, Advocate-on-Record-For the Petitioners. Not represented-the Respondent. Criminal Review Petition for Leave to Appeal No.18 of 2007. (From the judgment and order dated the 20th and 21st day of Au......nessing of the incident by the P.W.s 2 and 6 by the light of a hurricane-lantern which was kept on the table in the hut wherein the deceased and the witnesses wore sleeping as well as about the dying declaration of the deceased which was heard by the inmates of the other huts of the house i.e. P.W.s..

Category: Criminal Law | Date: | Hits: 57

Hazi Sanjob Ali Vs. Hurmuj Ali and others, 2010, 39 CLC (AD)

.... 4, 2010. Lawyers Involved: Md. Mozaffar Hossain, Senior Advocate, instructed by A. K. M. Shahidul Huq, Advocate-on-Record-For the Petitioners. Not represented-Respondents. Civil Petition for Leave to Appeal No. 326 of 2009. (From the judgment and order dated 24.07.2008 passed by the ......as plaintiff instituted Title Suit No.13 of 1984 (which was later on renumbered as Title Suit No.441 of 1985) in the Court of the learned Subordinate Judge, 1st Court, Sylhet praying for a decree for declaration that he had right, title and interest in the suit land. 3. The facts of the plaintiff..

Category: Property Law | Date: | Hits: 28

Most. Sajeya Begum and others Vs. Md. Shahidul and others, 2010, 39 CLC (AD)

....ry 11, 2010. Lawyers Involved: Abdul Quayum, Senior Advocate instruct­ed by Syed Mahbubar Rahman, Advocate-on-Record-For the Petitioners. Not represented- the Respondents. Civil Petition for Leave to Appeal No. 78 of 2009. (From the judgment and order dated the 26th day of October, 2......gly recorded in the name of the predecessor of the defendant in khatian No. 181 and 466 and the defendant having threatened dispossession on the basis of wrong record the plaintiff filed the suit for declaration of title and for declara­tion that the khatian in the name of the defendant-petitioner ..

Category: Property Law | Date: | Hits: 23

Gonesh Ghosh Vs. Babu @ Sabir Ahmed and others, 2010, 39 CLC (AD)

.... Advocate-on-Record-For the Petitioners. M. A. Samad, Senior Advocate instructed by Md. Nawab Ali, Advocate-on-Record-For Respondent No.3. Not represented-Respondent Nos. 1-2. Civil Petition for Leave to Appeal No. 487 of 2009. (From the judgment and order dated the 11th and 12th day of ...... refused to effect partition of the suit prop­erty and since they obtained the fraudulent decree in Title Suit No.36 of 1971, the plaintiffs are entitled to get partition of the suit property with a declaration that the decree passed in Title Suit No.36 of 1971 is illegal, inoperative and not bindi..

Category: Property Law | Date: | Hits: 29

Charupado Mondol and others Vs. Chinmay Bachar and others, 2009, 38 CLC (AD)

....€¦â€¦â€¦â€¦.....Respondents Judgment July 5, 2009. Lawyers Involved: Bivash Chandra Biswas, Advocate-on-Record-For the Petitioners. Not represented- the Respondents. Civil Petition for Leave to Appeal No. 1179 of 2008. (From the judgment and order dated 25.09.2007 passed by the......Title Suit No. 129 of 1995 rejecting an applica­tion for amendment of the plaint. 3. Facts, in short, are that the plaintiff-petitioners filed the aforesaid Title Suit No. 129 of 1995 praying for declaration of title in the suit land alleging, inter alia, that the disputed land belonged to one A..

Category: Procedural Law | Date: | Hits: 95

Jalalabad Co-opera­tive Housing Society Ltd. and another Vs. Mosammat Roushan Jahan and others, 2010, 39 CLC (AD)

....itioners Kamal-ul-Alam, Senior Advocate, instructed by Md. Toufique Hossain, Advocate-on-Record-For Respondent Nos. 1-3, 5, 7-9. Not repre­sented-Respondent Nos. 4, 6, 10-26. Civil Petition for Leave to Appeal No. 888 of 2009. (From the judgment and decree dated 23.02.2009 passed by the......eeing the Other Suit No.370 of 1994 dismissed by the learned Subordinate Judge, 3rd Court, Chittagong. 2. The respondent Nos. 1-9 as plaintiffs filed the suit for confirmation of posses­sion upon declaration of title over 1.91 acres of land and for recovery of khas pos­session after eviction an..

Category: Property Law | Date: | Hits: 38

Sree Bishonath Das and others Vs. Sree Binoy Kumar Das and others, 2009, 38 CLC (AD)

....mber 13, 2009. Lawyers Involved: Dr. Kazi Akter Hamid, Advocate, instruct­ed by Md. Abu Siddique, Advocate-on-Record-For the Petitioners. Not represented- the Respondents. Civil Petition for Leave to Appeal No.1631 of 2009 (From the judgment and order dated 18.05.2009 passed by the H......intiffs filed Title Suit No.228 of 1984 in the Court of the Monirampur Upazila Munsif Adalat, Monirampur, Jessore impleading the predecessor of the petitioners and other respondents as defendants for declaration of title and con­firmation of possession and khas posses­sion in respect of the suit p..

Category: Property Law | Date: | Hits: 27