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Patwary Rafiquddin Haider Vs. State and another, 2002, 31 CLC (HCD)

....udgment. The question posed is answered accordingly. The Rule arising out of a petition for Anticipatory Bail, thus stands disposed of. Ed. This Case is also Reported in: 55 DLR (2003) 241....... Court Division (Criminal miscellaneous Jurisdiction) Present: A K Badrul Haq J Nazrul Islam Chowdhury J Patwary Rafiquddin Haider……............Accused-Petitioner Vs. State and another ……….................Opposite Parties Judgment May 8, 2002. Cases Referre......udgment. The question posed is answered accordingly. The Rule arising out of a petition for Anticipatory Bail, thus stands disposed of. Ed. This Case is also Reported in: 55 DLR (2003) 241....... to go to her father‑in‑law's house but she refused to come back to her father‑in‑law's house at the instigation of her father and instead of coming back to her father-in-­law's house she as plaintiff instituted Other Class Suit No. 99 of 2001 against the petitioner and other members of the..

Category: Criminal Law | Date: | Hits: 79

Mazharul Haque Qureishi Vs. Giridhari Rishi and others, 1998, 27 CLC (HCD)

....In the result, the Rule is discharged without any order as to costs. The order of stay earlier granted by this Court stands vacated. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 149.......rted in: 51 DLR (HCD) (1999) 149.......In the result, the Rule is discharged without any order as to costs. The order of stay earlier granted by this Court stands vacated. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 149........ 10 of 1994, rejecting the petitioner’s application under section 10 of the Code of Civil Procedure. 3. Short facts relevant for the purpose of the case are that the mother of the petitioner as plaintiff instituted a Suit m the Court of the Subordinate Judge, Dhaka being Title Suit No. 1036 of..

Category: Property Law | Date: | Hits: 57

Islamic Foundation Bangladesh Vs. Firoz Alam and others, 1997, 26 CLC (HCD)

....1-11-1995 passed by this Court staying the operation of the impugned judgment and decree passed by the trial Court is hereby vacated. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 141. ......o Appeal here. Supreme Court High Court Division (Civil) Present: Md. Gholam Rabbani J Md. Joynul Abedin J Islamic Foundation Bangladesh ……….Petitioner Vs Firoz Alam and others………Opposite Parties Judgment May 20, 1997. Cases Referred To- 32 DLR (AD......1-11-1995 passed by this Court staying the operation of the impugned judgment and decree passed by the trial Court is hereby vacated. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 141. ......ynul Abedin J. - This first appeal is directed against the impugned judgment and decree dated 12-8-95 passed by the Subordinate Judge, 3rd Court Dhaka in Title Suit No. 171 of 1988 declaring that the plaintiff-respondent is entitled to the leasehold right in respect of the shop No. 49 in the ground ..

Category: Property Law | Date: | Hits: 116

Azam Khan Chowdhury Waqf Estate Vs. Government of the People's Republic of Bangladesh and others, 2008, 37 CLC (AD)

.... above, we find no substance in the submission of the learned Advocate-on-Record for the petitioner. Accordingly, the petition is dismissed. This Case is also Reported in: 19 BLT (AD) (2011) 5. ......een J Azam Khan Chowdhury Waqf Estate, represented by its Official Mutwalli-Al Haj Shah Shajiadur Rahman………………Petitioner Vs. The Government of the People's Republic of Bangladesh and others........Respondents Judgment January 23, 2008. Lawyers Involved: Nurul Islam B...... above, we find no substance in the submission of the learned Advocate-on-Record for the petitioner. Accordingly, the petition is dismissed. This Case is also Reported in: 19 BLT (AD) (2011) 5. ......e learned Advocate further submitted that the Court below in the judgment dated 30.11.1966 in the suit No.30 of 1964 declared that the issue of Certificate for realization of rent from tenants of the plaintiff Waqf Estate is illegal and without jurisdiction for the time being and until further order..

Category: Property Law | Date: | Hits: 71

Norendra Chandra Dash and others Vs. Md. Solaiman Chowdhury & others, 1997, 26 CLC (HCD)

.... In the result, the Rule is made absolute. The impugned order dated 2-3-91 is thus set aside. There will be no order as to costs. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 81. ......et aside. There will be no order as to costs. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 81. ...... In the result, the Rule is made absolute. The impugned order dated 2-3-91 is thus set aside. There will be no order as to costs. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 81. ...... dated 2-3-91 passed by the Additional Assistant Judge, Chandpur Sadar, Chandpur in Title Suit No.67 of 1990 rejecting the petitioner’s application for amendment of the plaint. 2. Petitioners as plaintiffs instituted Title Suit No. 67 of 1990 in the Court of Additional Assistant Judge, Chandpur..

Category: Property Law | Date: | Hits: 98

Kala Miah Vs. Gopal Chandra Paul and others, 1998, 27 CLC (HCD)

....tion Case No. 15 of 1987 of the Court of the Subordinate Judge, Chandpur stands vacated. Send down the Lower Court records at once. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 77. ...... 51 DLR (HCD) (1999) 77. ......tion Case No. 15 of 1987 of the Court of the Subordinate Judge, Chandpur stands vacated. Send down the Lower Court records at once. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 77. ......handpur in Title Suit No. 63 of 1985. By the impugned judgment dated 30-6-1986 the learned Subordinate Judge, dismissed the suit. 2. The short fact leading to this appeal is, that the appellant as plaintiff instituted Title Suit No. 63 of 1985 in the Court of the Subordinate Judge, Chandpur imple..

Category: Property Law | Date: | Hits: 51

Habibur Rahman Paikar (Md.) Vs. Gour Gopal Datta and others, 1998, 27 CLC (HCD)

.... within three months from the date of receipt of the order. Communicate this order to the learned Subordinate Judge, Bogra at once. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 54. ......) (1999) 54. ...... within three months from the date of receipt of the order. Communicate this order to the learned Subordinate Judge, Bogra at once. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 54. ......sif, Bogra in Other Class Suit No.153 of 1977 dismissing the suit has been called in question. 2. Short facts relevant for the purpose of the case are that, petitioner Md. Habibur Rahman Paikar as plaintiff instituted a Suit in the 2nd Court of Munsif, Sadar Bogra, being, other Class Suit No.157 ..

Category: Property Law | Date: | Hits: 88

Basihur Rahman Biswas Vs. Md. Hanif Ali Biswas & others, 1999, 28 CLC (HCD)

....e places of corrections. Accordingly, the Rule is discharged but without any order as to cost. Send down the records forthwith. Ed. This Case is also Reported in: 52 DLR (HCD) (2000) 346. ...... This Rule was issued under section 115 of the Code of Civil Procedure at the instance of the plaintiff-petitioner calling upon the defendant opposite party No.1, to show cause as to why the judgment and degree dated 1-7-1991 and 8-7-1991 respectively passed by the Subordinate Judge and Commercial C......e places of corrections. Accordingly, the Rule is discharged but without any order as to cost. Send down the records forthwith. Ed. This Case is also Reported in: 52 DLR (HCD) (2000) 346. ......cates—For the Opposite Parties. Civil Revision No. 2527 of 1991. Judgment ABM Khairul Haque J.- This Rule was issued under section 115 of the Code of Civil Procedure at the instance of the plaintiff-petitioner calling upon the defendant opposite party No.1, to show cause as to why the jud..

Category: Property Law | Date: | Hits: 72

Dijalal Majumder Vs. Munshi Bodiul Alam and others, 2010, 39 CLC (AD)

....n record and in accordance with law. Thus we do not find any merit in the leave petition. Accordingly the leave petition is dismissed. Ed. This Case is also Reported in: 16 MLR (AD) (2011) 12.......tin J Shah Abu Nayeem Mominur Rahman J ABM Khairul Haque J Md. Muzammel Hossain J Surendra Kumar Sinha J Dijalal Majumder........................Petitioner Vs. Munshi Bodiul Alam and others .............Respondents Judgment July 15, 2010. Lawyers Involved: Ibrahim Kh......n record and in accordance with law. Thus we do not find any merit in the leave petition. Accordingly the leave petition is dismissed. Ed. This Case is also Reported in: 16 MLR (AD) (2011) 12....... passed by the learned Senior Assistant Judge, 1st Additional Court, Noakhali, decreeing the Title Suit No.188 of 1988 declaring that the ex parte decree obtained by the defendant No.1 of the suit as plaintiff in Title Suit No. 808 of 1977 so far relates to the suit land is collusive, fraudulent and..

Category: Property Law | Date: | Hits: 71

Abdur Rashid Vs. Afzal Gazi and others, 2010, 39 CLC (AD)

....on was right in setting aside the judgment of the Appellate Court below. We find no substance in this petition which is accordingly dismissed. This Case is also Reported in: 16 MLR (AD) (2010) 4.......d. Abdul Matin J Shah Abu Nayeem Mominur Rahman J ABM Khairul Haque J Md. Muzammel Hossain J Surendra Kumar Sinha J Abdur Rashid.........................Petitioner Vs. Afzal Gazi and others...............Respondents Judgment May 3, 2010. Lawyers Involved: Abdul Quiyu......on was right in setting aside the judgment of the Appellate Court below. We find no substance in this petition which is accordingly dismissed. This Case is also Reported in: 16 MLR (AD) (2010) 4.......wing the appeal reversing the judgment and decree dated 21.06.2004 passed by the learned Senior Assistant Judge, Barguna Sadar in Title Suit No.161 of 1999 decreeing the suit. 2. The respondent as plaintiff instituted a suit for declaration of title. The facts leading to institution of the suit, ..

Category: Property Law | Date: | Hits: 57

Fatema Khatun Vs. Wach Khatun and others, 1998, 27 CLC (HCD)

....rned Subordinate Judge 1st Court, Feni in Miscellaneous Case (Review) No.55 of 1995 is set aside. Send down the LC records at once. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 28. ......se is also Reported in: 51 DLR (HCD) (1999) 28. ......rned Subordinate Judge 1st Court, Feni in Miscellaneous Case (Review) No.55 of 1995 is set aside. Send down the LC records at once. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 28. ...... Munir, Advocates — For the Respondents. Appeal from Original Order No. 98 of 1996. Judgment Amirul Kabir Chowdhury J. - This First Miscellaneous appeal is directed at the instance of the plaintiff appellants challenging the judgment and order dated 19-5-96 passed by Mr. Md. Muniruzzaman..

Category: Property Law | Date: | Hits: 59

Md. Chinimuddin Malitha Vs. Rahejan Bibi, 2011, 40 CLC (HCD)

....the reasons stated above, I don’t find any substance in the Rule. Accordingly the Rule is discharged. Send the record to the Court below immediately. Ed. This Case is also Reported in: ......l Jurisdiction) Present: Md. Ruhul Quddus J Md. Chinimuddin Malitha ... ………………Petitioner Vs. Rahejan Bibi since deceased substituted by her legal heirs Md. Sukur Ali Shaikh and another ... ……………Opposite Parties Judgment January 2, 2011. Lawyers Involved......the reasons stated above, I don’t find any substance in the Rule. Accordingly the Rule is discharged. Send the record to the Court below immediately. Ed. This Case is also Reported in: ......leading to this civil revision, as it appears from the record, are that the predecessor-to-interest of the opposite parties, Rahejan Bibi (through her next friend and husband Md. Sukur Ali Shaikh) as plaintiff instituted Other Class Suit No. 22 of 1985 in the Court of Munsif (now Assistant Judge), B..

Category: Property Law | Date: | Hits: 54

Md. Chand Miah and others Vs. Md. Ansar Ali and others, 2010, 39 CLC (HCD)

.... the revisional application is hereby condoned. The office is directed to place the revisional application before an appropriate motion bench immediately. Ed. This Case is also Reported in: ......onal application before an appropriate motion bench immediately. Ed. This Case is also Reported in: ...... the revisional application is hereby condoned. The office is directed to place the revisional application before an appropriate motion bench immediately. Ed. This Case is also Reported in: ......ed: Md. Taha Molla, Advocate-for the petitioners. Not represented- the opposite parties. Civil Rule 413 (Con) of 2008 Judgment Md. Ruhul Quddus J. - This Civil Rule at the instance of plaintiff-appellant–petitioners namely Md. Chand Miah and nine others was issued on an application..

Category: Procedural Law | Date: | Hits: 103

Suruzzaman and others Vs. Abed Ali and others, 2010, 39 CLC (HCD)

.... the revisional application is hereby condoned. The office is directed to place the revisional application before an appropriate motion bench immediately. Ed. This Case is also Reported in: ......plication before an appropriate motion bench immediately. Ed. This Case is also Reported in: ...... the revisional application is hereby condoned. The office is directed to place the revisional application before an appropriate motion bench immediately. Ed. This Case is also Reported in: ...... Bhabesh Chandra Mustafi, Advocate-for the petitioners Not represented- the opposite parties. Civil Rule 242 (Con) of 2007 Judgment Md. Ruhul Quddus J. -This Civil Rule at the instance of plaintiff-appellant–petitioners was issued on an application under section 5 of the Limitation Act..

Category: Procedural Law | Date: | Hits: 92

SDS Dairy Limited Vs. Bangladesh and others, 2011, 40 CLC (HCD)

....e with law. The office is directed to communicate the judgment at once to the concerned executing Court. Nazmun Ara Sultana J.- I agree. This Case is also Reported in:20 BLT (HCD) (2012) 15. ......Court High Court Division (Special Original Jurisdiction) Present: Nazmun Ara Sultana J Md. Ruhul Quddus J SDS Dairy Limited………………….... Petitioner Vs. Bangladesh and others ……………….... Respondents Judgment January 6, 2011. Result: The Ru......e with law. The office is directed to communicate the judgment at once to the concerned executing Court. Nazmun Ara Sultana J.- I agree. This Case is also Reported in:20 BLT (HCD) (2012) 15. ......ty through private negotiation for enhancement of the sale proceeds. 2. The facts leading to this writ petition are that respondent No. 3, United Commercial Bank Limited, Bangshal Branch, Dhaka as plaintiff instituted Artha Rin Suit No. 33 of 2003 before the Artha Rin Adalat No.3, Dhaka against t..

Category: Procedural Law | Date: | Hits: 95

MA Qasem Vs. Subordinate Judge, Artha Rin Adalat and others, 1999, 28 CLC (HCD)

....en prejudiced in any respect or manner. In view of the discussion made above the Rule is discharged without any order as to costs. Ed. This Case is also Reported in: 52 DLR (HCD) (2000) 341. ......ion (Special Original Jurisdiction) Present: Md. Ruhul Amin J Surendra Kumar Sinha J MA Qasem…………………………….Petitioner Vs. Subordinate Judge, Artha Rin Adalat and others…………………Respondents Judgment November 22, 1999. Cases Referred To- ......en prejudiced in any respect or manner. In view of the discussion made above the Rule is discharged without any order as to costs. Ed. This Case is also Reported in: 52 DLR (HCD) (2000) 341. ......e order dated 9-4-1995 (order No.15 dated 9-4-1995) of the Court of Subordinate Judge and Artha Rin Adalat No.4, Dhaka passed in Title Suit No.7 of 1994 allowing filing of additional documents by the plaintiff. 2. Facts as stated in the Wit Petition, in short, are that, the respondent No. 2 as pl..

Category: Civil Law | Date: | Hits: 90

Lakshmi Bazar Shahi Masjid Committee and another Vs. St Francis Xavier’s Girls High School, 1999, 28 CLC (HCD)

....t 9 inches and in northern side 42 feet 5 inches which is bounded by the north Road, by the south the defendant Mosque, by the west plaintiff’s land of Plot No: 802 and the east a small passage for ingress and egress. The suit property is about 2.75 decimals with building thereon. The municipal ho...... below immediately. Ed. This Case is also Reported in: 51 DLR (1999) 557. ......nd in northern side 42 feet 5 inches which is bounded by the north Road, by the south the defendant Mosque, by the west plaintiff’s land of Plot No: 802 and the east a small passage for ingress and egress. The suit property is about 2.75 decimals with building thereon. The municipal holding number......5 of the Code of Civil Procedure appears in the list today as Item No. 2 in the name of Mr. Korban Ali, the learned Advocate for defendant-petitioners and SS Halder, the learned Advocate for the sole plaintiff-opposite party. Learned Advocate for the petitioners remain unrepresented. The learned Adv..

Category: Property Law | Date: | Hits: 68

Maksuda Akhter Vs. Md. Serajul Islam, 1999, 28 CLC (HCD)

....red on his own application and in case of failure the law will come into force in the manner as aforesaid. No order is passed as to costs. Ed. This Case is also Reported in: 51 DLR (1999) 554.......ocate —For the Opposite Parties. Civil Revision No. 4890 of 1998. Judgment Abu Sayeed Ahammed J. - This Revision at the instances of the plaintiff Masuda Akhter (Nevy) against the judgment and order dated 16-11-98 passed in Family Execution Case No. 3 of 1998 by the 4th Court of the Addit......red on his own application and in case of failure the law will come into force in the manner as aforesaid. No order is passed as to costs. Ed. This Case is also Reported in: 51 DLR (1999) 554....... —For the Petitioner. Aziz Ahmed Chowdhury, Advocate —For the Opposite Parties. Civil Revision No. 4890 of 1998. Judgment Abu Sayeed Ahammed J. - This Revision at the instances of the plaintiff Masuda Akhter (Nevy) against the judgment and order dated 16-11-98 passed in Family Execut..

Category: Family Law | Date: | Hits: 162

Jalal Uddin Ahmed (Md.) and others Vs. Delwar Hossain and others, 1999, 28 CLC (HCD)

....nths from the date of receipt of this order. No costs. The office is directed to communicate this order at once to the appellate Court. Ed. This Case is also Reported in: 51 DLR (1999) 552....... once to the appellate Court. Ed. This Case is also Reported in: 51 DLR (1999) 552.......nths from the date of receipt of this order. No costs. The office is directed to communicate this order at once to the appellate Court. Ed. This Case is also Reported in: 51 DLR (1999) 552.......the appeals have abated and question of abatement does not arise at all. Order 22 rule 4(4) of the Civil Procedure Code reads as follows- “Notwithstanding anything contained in sub-rule (3), the plaintiff shall not be required to substitute and shall be exempt from the necessity of substituting..

Category: Property Law | Date: | Hits: 58

Monowara Begum Vs. Atiqullah, 1999, 28 CLC (HCD)

....rt, Dhaka is hereby set aside. The stay granted earlier by this Court is hereby vacated. Communicate the order to the Court below at once. Ed. This Case is also Reported in: 51 DLR (1999) 550....... Atiqullah………………………………….Opposite Party Judgment June 6, 1999. Result: The Rule is made absolute. Case Referred to- Md. Atiqullah Vs. Mrs. Sanawara Begum and others, 1996 BLD (AD) 260. Lawyers Involved: Mahmudul Islam, Advocate — For the Petition......rt, Dhaka is hereby set aside. The stay granted earlier by this Court is hereby vacated. Communicate the order to the Court below at once. Ed. This Case is also Reported in: 51 DLR (1999) 550.......proceeding of Execution Case No. 16 of 1995 pending in the Court of the Assistant Judge, 3rd Court, Dhaka till the disposal of the suit. 2. The short facts relevant are that, the petitioners being plaintiff instituted SCC Suit No. 8 of 1994 before the SCC Judge and Assistant Judge, 3rd Court, Dha..

Category: Property Law | Date: | Hits: 57