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Altaf Hossain (Md.) Vs. Md. Abdul Rahim and others, 1998, 27 CLC (HCD)

....referably within six months from the date of receipt of this order. Communicate the order to the learned Assistant Judge, Uzirpur at once. Ed. This Case is also Reported in: 51 DLR (1999) 527....... is also Reported in: 51 DLR (1999) 527.......referably within six months from the date of receipt of this order. Communicate the order to the learned Assistant Judge, Uzirpur at once. Ed. This Case is also Reported in: 51 DLR (1999) 527.......on for rejection of the plaint under Order 7 rule 11 read with section 151 of the Code of Civil Procedure. 2. Short facts relevant for the purpose of the case are that, the opposite party No. 1 as plaintiff instituted a suit in the Court of the Assistant Judge, Uzirpur, Barisal against the petiti..

Category: Procedural Law | Date: | Hits: 83

Abdul Gani Howlader (Md.) and another Vs. Abdus Somed Howlader and others, 1999, 28 CLC (HCD)

....interference is called for by this Court. The result, therefore, is that the Rule is discharged. However, there will be no order as to costs. Ed. This Case is also Reported in: 51 DLR (1999) 522.......re will be no order as to costs. Ed. This Case is also Reported in: 51 DLR (1999) 522.......interference is called for by this Court. The result, therefore, is that the Rule is discharged. However, there will be no order as to costs. Ed. This Case is also Reported in: 51 DLR (1999) 522.......e Judge, Bagerhat in Title Appeal No. 38/8 affirming the decree of the final Court in a suit for declaration of title and confirmation of possession and permanent injunction. 2. The petitioners as plaintiffs brought Title Suit No. 631/1 in the Court off Munsif Moralganj seeking reliefs as aforesa..

Category: Property Law | Date: | Hits: 98

Sajeda Begum Vs. Member, Bhumi Appeal Board and others, 1997, 26 CLC (HCD)

....and Administration Board by Annexures ‘C’, ‘E’ and ‘F’ In the result, the Rule is discharged without any order as to costs. Ed. This Case is also Reported in: 51 DLR (1999) 516. ......upreme Court High Court Division (Special Original Jurisdiction) Present: Mainur Reza Chowdhury J M A Aziz J Sajeda Begum………… Petitioner Vs. Member, Bhumi Appeal Board and others……….Respondents Judgment March 25, 1997. Cases Referred to- Monirunnaha......and Administration Board by Annexures ‘C’, ‘E’ and ‘F’ In the result, the Rule is discharged without any order as to costs. Ed. This Case is also Reported in: 51 DLR (1999) 516. ...... injunction. The suit was dismissed on contest by judgment and decree dated 27-3-90 and 3-4-1990 respectively with the findings, inter alia, that the suit land were river and canals, that some of the plaintiffs were minor at the time of alleged auction purchase and the auction sale was in contravent..

Category: Property Law | Date: | Hits: 107

Sherin Akther and another Vs. Md. Ismail, 1999, 28 CLC (HCD)

....t Judge-in-Charge and Family Court Sadar, Chandpur in Family Court Case No.4 of 1991 are hereby set aside. The suit is accordingly dismissed. Ed. This Case is also Reported in: 51 DLR (1999) 512.......aside. The suit is accordingly dismissed. Ed. This Case is also Reported in: 51 DLR (1999) 512.......t Judge-in-Charge and Family Court Sadar, Chandpur in Family Court Case No.4 of 1991 are hereby set aside. The suit is accordingly dismissed. Ed. This Case is also Reported in: 51 DLR (1999) 512.......-92 and 1-4-92 respectively passed by the Additional Assistant Judge-in-Charge and Family Court, Sadar, Chandpur in Family Court Case No.4 of 1991 should not be set aside. 2. The opposite party as plaintiff filed Family Suit No. 4 of 1991 praying for a declaration that the divorce given by the de..

Category: Family Law | Date: | Hits: 180

Dr. Abdul Gani Vs. Mujibur Rahman & others, 1999, 28 CLC (HCD)

.... and decree dated 24-5-87 passed by the Senior Assistant Judge, Kishoreganj in Small Cause Courts Act Suit No. 1 of 1986 is hereby set aside. Ed. This Case is also Reported in: 51 DLR (1999) 510.......” For the Petitioner. Abdul Aziz Chowdhury, Advocate — For the Opposite Parties. Civil Revision No. 1000 of 1987. Judgment Qazi Shafiuddin J.- This Rule is directed against the judgment and decree dated 24-5-87 passed by the Senior Assistant Judge and Small Cause Courts Act Judge, Kish...... and decree dated 24-5-87 passed by the Senior Assistant Judge, Kishoreganj in Small Cause Courts Act Suit No. 1 of 1986 is hereby set aside. Ed. This Case is also Reported in: 51 DLR (1999) 510.......le is directed against the judgment and decree dated 24-5-87 passed by the Senior Assistant Judge and Small Cause Courts Act Judge, Kishoregonj in Small Cause Courts Act Suit No. 1 of 1986. 2. The plaintiff filed the suit for eviction of the defendant from the suit premises. The suit premises mea..

Category: Civil Law | Date: | Hits: 89

SM Fazlul Haque Vs. Salahuddin Ahmed and another, 2001, 30 CLC (HCD)

....ntly, the appeal is dismissed and the connected Rule being Civil Rule No. 225 (FM) of 1998 is also discharged without any order as to cost. Ed. This Case is also Reported in: 54 DLR (2002) 612. ......Supreme Court High Court Division (Civil Appellate Jurisdiction) Present: Md. Tafazzul Islam J AHM Shamsuddin Chowdhury J SM Fazlul Haque …..Appellant Vs. Salahuddin Ahmed and another.................Respondents Judgment July 25, 2001. Cases Referred To- Ang......ntly, the appeal is dismissed and the connected Rule being Civil Rule No. 225 (FM) of 1998 is also discharged without any order as to cost. Ed. This Case is also Reported in: 54 DLR (2002) 612. ......ate Judge, Commercial Court, Chittagong in Other Suit No. 3 of 1998 refusing to grant temporary injunction. 2. Other Suit No. 3 of 1998 came into being following the filing of a plaint whereby the plaintiff prayed for (1) a decree of declaration to the effect that the plaintiff is not liable to p..

Category: Civil Law | Date: | Hits: 164

Shaikh Ansar Ali & others Vs. Md. Tofazzal Hossain and others, 2003, 32 CLC (HCD)

....ted 19‑11‑2001, rejecting the petition under Order VII rule 11 (d) of the Code is set aside. In the result, the Rule is made absolute. Ed. This Case is also Reported in: 55 DLR (2003) 211.......igh Court Division (Civil Revisional Jurisdiction) Present: ABM Khairul Haque J Shaikh Ansar Ali & others……………………...........Petitioners Vs. Md. Tofazzal Hossain and others…………….........Opposite Parties Judgment January 13, 2003. Cases Referre......ted 19‑11‑2001, rejecting the petition under Order VII rule 11 (d) of the Code is set aside. In the result, the Rule is made absolute. Ed. This Case is also Reported in: 55 DLR (2003) 211.......9 of 2002 are challenged. By the order No. 6 an application under order VII rule 11(d) of the Code of Civil Procedure was rejected. By order No. 7, the defendants were restrained from obstructing the plaintiffs in performing their functions till disposal of the suit. By order No. 8, the defendants b..

Category: Civil Law | Date: | Hits: 74

Haripada Saha Vs. Md. Shamsuddin Quraishi and others, 1997, 26 CLC (HCD)

....llegality in the impugned order. In the result, the Rule is discharged without any order as to costs. Send down the LC Records at once; Ed. This Case is also Reported in: 54 DLR (2002) 606....... 54 DLR (2002) 606.......llegality in the impugned order. In the result, the Rule is discharged without any order as to costs. Send down the LC Records at once; Ed. This Case is also Reported in: 54 DLR (2002) 606.......ned Subordinate Judge, First Court, Faridpur, in Title Suit (Pre-emption Suit) No. 47 of 1978 rejecting the petitioners application under section 4 of the Partition Act for buying up the share of the plaintiff opposite party No. 1. 2. The opposite party No. 1 as plaintiff instituted Title Suit No..

Category: Administrative Law | Date: | Hits: 210

Amena Khatun Vs. Chairman, Court of Settlement and others, 2010, 39 CLC (AD)

....e learned Counsel is devoid of substance. The appeal is, therefore, dismissed without any order as to costs. Ed. This Case is also Reported in: 63 DLR (AD) (2011) 01, 15 MLR (AD) (2010) 438. ......ourt Appellate Division (Civil) Present: Mohammad Fazlul Karim CJ Md. Muzammel Hossain J SK Sinha J Amena Khatun…………....Appellant Vs. Chairman, Court of Settlement and others.…………Respondents Judgment May 24, 2010. Cases Referred To- CQMH Md. Ay......e learned Counsel is devoid of substance. The appeal is, therefore, dismissed without any order as to costs. Ed. This Case is also Reported in: 63 DLR (AD) (2011) 01, 15 MLR (AD) (2010) 438. ...... In a decree for specific performance of contract the main issue is whether the owner of the property entered into a contract for sale of the property. There is no scope for deciding the title of the plaintiff in such a suit. Reference in this connection is the cases of CQMH Md. Ayub Ali Vs. Banglad..

Category: Property Law | Date: | Hits: 65

Abdul Jalil Molla and others Vs. Mahtab Uddin Biswas, 2009, 38 CLC (AD)

....ngs of the High Court Division. Under such circumstances, these petitions merit no consideration and accordingly, those are dismissed. Ed. This Case is also Reported in: VII ADC (2010) 1004. ...... Appellate Division (Civil) Present: Mohammad Fazlul Karim J Md. Joynul Abedin J Md. Abdul Matin J Shah Abu Nayeem Mominur Rahman J ABM Khairul Haque J Abdul Jalil Molla and others…........Petitioners (In both the cases) Vs. Mahtab Uddin Biswas being dead his he......ngs of the High Court Division. Under such circumstances, these petitions merit no consideration and accordingly, those are dismissed. Ed. This Case is also Reported in: VII ADC (2010) 1004. ......ala Deed No. 6812 dated 12.10.1974 and that he is in possession since his such purchase. 3. The aforesaid Mahtab also filed a suit being the Title Suit No. 11 of 1995 in the same Court against the plaintiffs of the aforesaid suit, praying for decree for declaration of his title in the suit land. ..

Category: Property Law | Date: | Hits: 46

Bazal Hoq and others Vs. Sayedul Hoq and others, 2010, 39 CLC (AD)

...., we find no sub­stance in the submissions of the learned Advocate-on-Record for the petitioner. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: VII ADC (2010) 998.......also Reported in: VII ADC (2010) 998......., we find no sub­stance in the submissions of the learned Advocate-on-Record for the petitioner. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: VII ADC (2010) 998.......arising out of those dated 31.07.1990 passed by the Assistant Judge, Lakshmipur Upazila in Title Suit No. 4 of 1983 by decreeing the suit. 2. The facts involved in the case, in short, are that the plaintiff stated that Tanu Miah was the recorded owner of the suit plot. The lands were sold in aucÂ..

Category: Property Law | Date: | Hits: 47

M/s. Bangladesh Catfish Limited and others Vs. Sunny Fish Agency and Trading and others, 2010, 39 CLC (AD)

....o withhold the payment of the decreetal amount. We find no merit in the contention of Mr. Mahmud. The petition is accordingly dismissed. Ed. This Case is also Reported in: VII ADC (2010) 991.......sion (Civil) Present: Mohammad Fazlul Karim CJ Md. Abdul Matin J Shah Abu Nayeem Mominur Rahman J ABM Khairul Haque J Surendra Kumar Sinha J M/s. Bangladesh Catfish Limited and others ……………......Petitioners Vs. Sunny Fish Agency and Trading and others ...........o withhold the payment of the decreetal amount. We find no merit in the contention of Mr. Mahmud. The petition is accordingly dismissed. Ed. This Case is also Reported in: VII ADC (2010) 991.......affirming with modification of those dated 16th November, 2005 of the learned Joint District Judge, 1st Court, Khulna in Money Suit No.16 of 2004. 2. Respondent No.1 Sunny Fish Agency and Trading (plaintiff) instituted the suit for recovery of Tk. 6,18,57,952 with interest pendente lite against t..

Category: Civil Law | Date: | Hits: 96

Government of People's Republic of Bangladesh Vs. Mohammad Alamgir Hossain and others, 2009, 38 CLC (AD)

....eals and affirming the judgment and decree of the trial Court. We find no substance in these peti­tions which are accordingly dismissed. Ed. This Case is also Reported in: VII ADC (2010) 968.......mad Fazlul Karim J Md. Abdul Matin J Shah Abu Nayeem Mominur Rahman J ABM Khairul Haque J Government of People's Republic of Bangladesh represent­ed by the Deputy Commissioner of Bogra and others...................Petitioners (In both cases) Vs. Mohammad Alamgir Hossain and othe......eals and affirming the judgment and decree of the trial Court. We find no substance in these peti­tions which are accordingly dismissed. Ed. This Case is also Reported in: VII ADC (2010) 968.......re directed against the judgment and decree dated 09.04.2009 passed by the High Court Division in Appeal from Original Decree Nos. 439 of 2003 and 142 of 2004. 2. The facts, in short, are that the plaintiff filed the suit for declaration of title and mandatory injunction in respect of the land de..

Category: Property Law | Date: | Hits: 44

Idris Mir Malat Vs. Nitya Gopal Paul and others, 2010, 39 CLC (AD)

....een no failure of justice calling for interference by this Court. We find no substance in this petition which is accordingly dismissed. Ed. This Case is also Reported in: VII ADC (2010) 966. ......ellate Division (Civil) Present: Md. Tafazzul Islam CJ Md. Abdul Matin J Surendra Kumar Sinha J Idris Mir Malat………………………… Petitioner Vs. Nitya Gopal Paul and others .......Respondents Judgment January 17, 2010. Lawyers Involved: Md. Nurul Ami......een no failure of justice calling for interference by this Court. We find no substance in this petition which is accordingly dismissed. Ed. This Case is also Reported in: VII ADC (2010) 966. ......95 of 2008 affirming the order dated 06.11.2008 passed by the learned Joint District Judge, Sariatpur in Title Suit No.21 of 2008. 2. The facts, in short, are that the respon­dent Nos. 1 and 2 as plaintiffs filed Title Suit No. 21 of 2008 for partition and for buying up under Section 4 of the Pa..

Category: Property Law | Date: | Hits: 44

M/s. Aimon Electrical Industries Vs. Judge, Artha Rin Adalat, 2nd Court at Dhaka and oth­ers, 2010, 39 CLC (AD)

....t. Therefore the High Court Division rightly discharged the Rule. We find no substance in this petition which is accordingly dismissed. Ed. This Case is also Reported in: VII ADC (2010) 964. ......esent: Mohammad Fazlul Karim CJ Md. Abdul Matin J ABM Khairul Haque J Md. Muzammel Hossain J Surendra Kumar Sinha J M/s. Aimon Electrical Industries, Proprietor, Md. Delowar Hossain and another.....Petitioners Vs. Judge, Artha Rin Adalat, 2nd Court at Dhaka and oth­ers …........t. Therefore the High Court Division rightly discharged the Rule. We find no substance in this petition which is accordingly dismissed. Ed. This Case is also Reported in: VII ADC (2010) 964. ...... the learned Judge, Artha Rin Adalat No. 2, Dhaka in Artha Zari Case No. 325 of 2004 arising out of Title Suit No.195 of 1999. 2. The facts, in short, are that on 04.06.1997 the respondent No.2 as plaintiff instituted title suit being Title Suit No.136 of 1997 subsequently renumbered as Title Sui..

Category: Civil Law | Date: | Hits: 96

Alizan Shaikh Vs. Moniruddin, 2010, 39 CLC (AD)

....decree­ing the suit and hence no interference in the impugned judgment and order is called for. The petition is accordingly dis­missed. Ed. This Case is also Reported in: VII ADC (2010) 960.......r the Petitioners. Md. Nurul Amin, Advocate, instructed by A.K.M. Shahidul Hug, Advocate-on-Record-For the Respondents. Civil Petition for Leave to Appeal No. 725 of 2009. (From the judgment and order dated 16.02.2009 passed by the High Court Division in Civil Revision No.885 of 2004.) J......decree­ing the suit and hence no interference in the impugned judgment and order is called for. The petition is accordingly dis­missed. Ed. This Case is also Reported in: VII ADC (2010) 960.......Kushtia, dismissing the suit. 2. The predecessors-in-interest of the respondent Nos. 1(Ka) to 1(Chha) and respondent Nos. 2(Ka) to 2(Ja) Monir Uddin Sheikh and Abdul Motaleb Shaikh respectively as plaintiffs filed Title Suit No.253 of 1986 for declara­tion of their title- and possession in the s..

Category: Property Law | Date: | Hits: 51

Suraiya Begum and others Vs. Misir Ali and others, 2010, 39 CLC (AD)

.... above, we find no sub­stance in the submissions of the learned Counsel for the petitioners. Accordingly, the petition is dis­missed. Ed. This Case is also Reported in: VII ADC (2010) 945. ......n: VII ADC (2010) 945. ...... above, we find no sub­stance in the submissions of the learned Counsel for the petitioners. Accordingly, the petition is dis­missed. Ed. This Case is also Reported in: VII ADC (2010) 945. ......te Kalimuddin died in the middle part of the year, 1975 leav­ing behind Yasin and Abul Hossain as her sons and also Mehar Negar, Suraiya Begum, Tunu Bibi and Gul Akhter as her four daughters and the plaintiffs of his suit land also the pro forma defendant Nos.6-9 are enjoying and possessing the sui..

Category: Property Law | Date: | Hits: 47

Nasrin Akhter and another Vs. Sree Gouranga Lal Mukherjee and others, 2009, 38 CLC (AD)

....petitioners are permitted to pre­pare the paper book out of Court in accordance with Rules. The appeals to be heard one after another. Ed. This Case is also Reported in: VII ADC (2010) 940. ......her. Ed. This Case is also Reported in: VII ADC (2010) 940. ......petitioners are permitted to pre­pare the paper book out of Court in accordance with Rules. The appeals to be heard one after another. Ed. This Case is also Reported in: VII ADC (2010) 940. ......t of the common judgment and decree passed in Title Appeal No. 106 of 2000 preferred by the defendant-respondents hereof, heard and disposed of along with cross appeal filed in the said appeal by the plaintiff-petitioners here­of, dismissing the appeal, and that the Civil Revision No.6690 of 2002 a..

Category: Property Law | Date: | Hits: 45

Munshi Abdul Hai Vs. Sanjoy Kumar Shil, 2010, 39 CLC (AD)

....infirmity to interfere with the impugned judgment and order passed by the High Court Division. The petition is accordingly dis­missed. Ed. This Case is also Reported in: VII ADC (2010) 935. ......e Petitioner. Mozaffar Hossain, Senior Advocate, instructed by AKM Shahidul Huq, Advocate-on-Record-For the Respondent. Civil Petition for Leave to Appeal No. 382 of 2009. (From the judgment and order dated 27.10.2008 passed by the High Court Division in Civil Revision No.1827 of 2004.) ......infirmity to interfere with the impugned judgment and order passed by the High Court Division. The petition is accordingly dis­missed. Ed. This Case is also Reported in: VII ADC (2010) 935. ......, Laxmipur, by which the judg­ment and decree dated 26.06.2001 decreeing the Title Suit No. 88 of 2000 by the learned Assistant Judge, Ramganj, Laxmipur, was reversed. 2. The respondent hereof as plaintiff filed the Title Suit No.88 of 2000 for declaration that the Mutation Khatian No. 270 was i..

Category: Property Law | Date: | Hits: 32

Chairman, Chittagong Port Authority Vs. Safiuddin and others, 2010, 39 CLC (AD)

....ived at by the High Court Division is an accor­dance with law and no interference is called for. The petition is accordingly dismissed. Ed. This Case is also Reported in: VII ADC (2010) 931....... (Civil) Present: Mohammad Fazlul Karim J Shah Abu Nayeem Mominur Rahman J Md. Muzammel Hossain J Chairman, Chittagong Port Authority………….......Petitioner Vs. Safiuddin and others…………………………….......Respondents Judgment January 11, 2010. ......ived at by the High Court Division is an accor­dance with law and no interference is called for. The petition is accordingly dismissed. Ed. This Case is also Reported in: VII ADC (2010) 931....... 1992 claiming Tk.23,82,111.13/- together with interest @ 18% and cost from the peti­tioner hereof being defendant in the suit. 3. The defendant filed written statement to resist the claim of the plaintiff but the suit was allowed to be decreed ex-parte on 03.06.2000 and subsequently on receipt ..

Category: Civil Law | Date: | Hits: 63