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Md. Sharif Hossain Vs. Md. Abdul Jalil and another, 2009, 38 CLC (HCD)
....Rule is discharged without any order as to cost. Let a copy of the judgment along with lower Court’s record be sent down at once. Ed. This Case is also Reported in: 29 BLD (HCD) (2009) 744.......ision (Civil Revisional Jurisdiction) Present: Sheikh Abdul Awal J Md. Sharif Hossain……………………………………..Plaintiff-respondent-petitioner Vs. Md. Abdul Jalil and another…………………Defendant-appellant-opposite parties. Judgment October 19, 200......Rule is discharged without any order as to cost. Let a copy of the judgment along with lower Court’s record be sent down at once. Ed. This Case is also Reported in: 29 BLD (HCD) (2009) 744.......6.3.90) passed by the Senior Assistant Judge, 1st Court, Dhaka in Title Suit No.291 of 1987 decreeing the suit. 2. The relevant facts necessary for disposal of the Rule are that the petitioner as plaintiff instituted Title Suit No.291 of 1987 in the Court of Senior Assistant Judge, 1st Court, Dh..Category: Property Law | Date: | Hits: 39
Abdul Jalil Miah and another Vs. Siddiqur Rahman, 2009, 38 CLC (HCD)
....e rule is made absolute without any order as to the costs. Lower Courts records be sent down at once with a copy of the judgment. Ed. This Case is also Reported in: 29 BLD (HCD) (2009) 735. ......is Case is also Reported in: 29 BLD (HCD) (2009) 735. ......e rule is made absolute without any order as to the costs. Lower Courts records be sent down at once with a copy of the judgment. Ed. This Case is also Reported in: 29 BLD (HCD) (2009) 735. ......nd 25-7-95 respectively passed by the learned Subordinate Judge, 4th Court, Dhaka, in Title Suit No. 244 of 1992 dismissing the suit should not be set aside. 2. That on 25-2-81 the petitioners as plaintiffs filed Title Suit No.276 of 1981 in the First Court of Subordinate Judge, Dhaka (which tra..Category: Property Law | Date: | Hits: 39
Md. Osman Gani & others Vs. Begum Tofatun Nahar & others, 1988, 17 CLC (HCD)
....out any order as to costs. The impugned order of the Courts below is upheld. The ad-interim order of stay grantÂed by this Court is vacated. Ed. This Case is also Reported in: 41 DLR (1989) 151.............................Petitioners Vs. Begum Tofatun Nahar & others ....................Opposite Parties Judgment December 14, 1988. Cases Referred to- 28 DLR (AD) 57, Naimullah and another Vs. Govt. of Bangladesh and others, the Bangladesh Supreme Court DiÂgest 1972-1977, Vol......out any order as to costs. The impugned order of the Courts below is upheld. The ad-interim order of stay grantÂed by this Court is vacated. Ed. This Case is also Reported in: 41 DLR (1989) 151.......e — For the Petitioner. Masih-ul-Uslam, Advocate — For the Opposite-Party No. 1. Civil Revision No. 436 of 1986 Judgment Muhammad Ansar Ali J.- This Rule issued at the issuance of the plaintiff-petitioners is directed against the judgment and order dated 15.5.86 passed by Mr. Md. Say..Category: Procedural Law | Date: | Hits: 80
Md. Nurul Abser Miah Vs. Kiron Shankar Nandy & others, 1988, 17 CLC (HCD)
....e learned Subordinate Judge in exercise of his judicial discretion. In the result, the Rule is discharged without any order as to costs. Ed. This Case is also Reported in: 41 DLR (1989) 148. ......preme Court High Court Division (Civil Revisional Jurisdiction) Present: AM Mahmudur Rahman J Md. Nurul Abser Miah...................................Petitioner Vs. Kiron Shankar Nandy & others........................Opposite Parties Judgment March 1, 1988. Cases Ref......e learned Subordinate Judge in exercise of his judicial discretion. In the result, the Rule is discharged without any order as to costs. Ed. This Case is also Reported in: 41 DLR (1989) 148. ......the disputed land on 15.4.73 with the petitioner. That Dhirendra Nath took earnest money of Tk. 42,500/- out of consideraÂtion of Tk. 45,000/- and delivered possession thereof to the petitioner. The plaintiff after taking delivery of possession of the land improved the same by spendÂing a consider..Category: Procedural Law | Date: | Hits: 70
M/s. Nawab Askari Jute Mills Ltd. & others Vs. Giasuddin Ahmed, 1988, 17 CLC (HCD)
....ated. Let the suit proceed in accordance with law. In the facts and circumstances of the case there will be however no order as to cost. Ed. This Case is also Reported in: 41 DLR (1989) 144. ...... Ali J.- This Rule is directed against an order dated 2.9.84 passed by the Munsif, 4th Court, Narayanganj, in Title Suit No.166 of 1983. The learned Munsif by this order held: "This is a suit for mandatory injunction and the relief sought for by way of mandatory inÂjunction has got no market val......ated. Let the suit proceed in accordance with law. In the facts and circumstances of the case there will be however no order as to cost. Ed. This Case is also Reported in: 41 DLR (1989) 144. ......itle Suit No.166 of 1983. The learned Munsif by this order held: "This is a suit for mandatory injunction and the relief sought for by way of mandatory inÂjunction has got no market value and the plaintiff has put own valuation. The suit can be enterÂtained on the valuation given by plaintiff"...Category: Civil Law | Date: | Hits: 159
Trading Corporation of BanÂgladesh Vs. MV Corina & others, 1988, 17 CLC (HCD)
....The compliance of service is to be filed within two weeks thereafter. The plaint be returned to the learned AdvoÂcate of the plaintiff. Ed. This Case is also Reported in: 41 DLR (1989) 127 ...... Lawyers Involved: Kamal-ul-Alam with AKM Abdul Hakim, Advocates—For the Plaintiff-Petitioner. M. Hafizullah with P. Bhattacharya, AdvoÂcates—For the Defendant/Opposite parties Nos. 1, 3 and 4. Admiralty Suit No. 2 (CTG) of 1988 Judgment AM Mahmudur Rahman J.- The plaintiff fil......The compliance of service is to be filed within two weeks thereafter. The plaint be returned to the learned AdvoÂcate of the plaintiff. Ed. This Case is also Reported in: 41 DLR (1989) 127 ......ff-Petitioner. M. Hafizullah with P. Bhattacharya, AdvoÂcates—For the Defendant/Opposite parties Nos. 1, 3 and 4. Admiralty Suit No. 2 (CTG) of 1988 Judgment AM Mahmudur Rahman J.- The plaintiff filed Admiralty Suit No. 2 (Ctg) of 1988 for compensation in the Admiralty Jurisdiction of..Category: Admiralty Law or Maritime Law | Date: | Hits: 175
....titioner for him to apply for leave before the Appellate Division the order of this court is stayed for a period of 2 (two) months from date.
Ed.
This Case is also Reported in: 41 DLR (1989) 103.......
December 13, 1988.
Cases Referred to-
Ramjan Ali Mistry Vs. Md. Hadeyetullah, 31 DLR (AD) 183; M/s. Abdul Hoque vs. Zakir Hossain, 1984 B.L.D. (AD) 298; P.K. Chakraborty Vs. A.P. Chowdhury and others, B.L.D. 1981 (AD) 19
Lawyers Involved:
Md. Nawab Ali, Advocate—For the Petitioner......titioner for him to apply for leave before the Appellate Division the order of this court is stayed for a period of 2 (two) months from date.
Ed.
This Case is also Reported in: 41 DLR (1989) 103.......3 for ejectment of a tenant alleging, inter alia, that the defendant, namely, Messrs National Tuberculosis Relief and RehabilitaÂtion Society of Bangladesh was inducted in as a monthly tenant by the plaintiff landlord in respect of the suit premises being holding No. 98, New EleÂphant Road, Dhaka,..
Category: Property Law | Date: | Hits: 28
Md. Mokbul Hossain Vs. Md. Umar Ali and others, 2009, 38 CLC (HCD)
....at liberty to withdraw the money suit, so, deposited along with the compensation. Send down the lower courts record immediately. Ed. This Case is also Reported in: 29 BLD (HCD) (2009) 727. ...... High Court Division (Civil Revisional Jurisdiction) Present: Md. Mamtaz Uddin Ahmed Md. Mokbul Hossain………………………Pre-emptee-Appellant Petitioner Vs. Md. Umar Ali and others……….Pre-emptor Respondent-Opposite Parties Judgment November 5, 2009. Cases......at liberty to withdraw the money suit, so, deposited along with the compensation. Send down the lower courts record immediately. Ed. This Case is also Reported in: 29 BLD (HCD) (2009) 727. ......is lordships observed in para No. 13 that the Trial Court discarded the evidence of P.W.2 on the ground that he was sold the solitary witnesses as in the possession of the suit land in support of the plaintiffs case of possession since 1963, completely over looking the provision of section 134 of th..Category: Property Law | Date: | Hits: 36
Ramjan Ali Sowdagar and Ashraf Ali Khan Waqf Estate Vs. Most. Ayesha Khatoon, 2010, 39 CLC (AD)
....und by the High Court Division. In the premises, we do not find any merit in this petition. The petition is accordingly disÂmissed. End. This Case is also Reported in: VII ADC (2010) 926. ......ppellate Division (Civil) Present: Md. Abdul Matin J Shah Abu Nayeem Mominur Rahman J ABM Khairul Haque J Md. Muzammel Hossain J Surendra Kumar Sinha J Ramjan Ali Sowdagar and Ashraf Ali Khan Waqf Estate, repÂresented by its Mutwalli Hajee Afazullah Khan……………â€......und by the High Court Division. In the premises, we do not find any merit in this petition. The petition is accordingly disÂmissed. End. This Case is also Reported in: VII ADC (2010) 926. ...... declaration that the kabala dated 17/12/1972 and the alleged deed of recÂtification dated 20/02/1975 are illegal, fraudulent, collusive, forged, without consideration, void and not binding upon the plaintiff of the suit. 2. Facts relevant for the purpose of disÂposal of this application are th..Category: Trust/Waqf Law | Date: | Hits: 194
Md. Nurun Nobi Vs. Khondaker Moklesur Rahman and others, 2010, 39 CLC (AD)
....ition to interÂfere with the impugned judgment and order passed by the High Court Division. The leave petition is accordingly dismissed. Ed. This Case is also Reported in: VII ADC (2010) 917.......hah Abu Nayeem Mominur Rahman J ABM Khairul Haque J Md. Muzammel Hossain J Surendra Kumar Sinha J Md. Nurun Nobi ............................Petitioner Vs. Khondaker Moklesur Rahman and others………………Respondents Judgment May 20, 2010. Lawyers Involved: Abdus S......ition to interÂfere with the impugned judgment and order passed by the High Court Division. The leave petition is accordingly dismissed. Ed. This Case is also Reported in: VII ADC (2010) 917.......lding the judgment and decree dated 28.07.2005 passed by the learned Joint District Judge, 1st Court, Dhaka, decreeing the Title Suit No. 5 of 2000. 2. The respondent No.1 of the applicaÂtion, as plaintiff, filed Title Suit No.5 of 2000 praying for declaration of title and recovery of khas posse..Category: Property Law | Date: | Hits: 31
Government of Bangladesh and others Vs. Mariam Begum and others, 2009, 38 CLC (AD)
....n, passed in dismissing the Civil Petition for Leave to Appeal. Since no new point has been raised this petition for review is dismissed. Ed. This Case is also Reported in: VII ADC (2010) 906.......ivil) Present: MM Ruhul Amin CJ Mohammad Fazlul Karim J Md. Joynul Abedin J Md. Abdul Matin J Shah Abu Nayeem Mominur Rahman J ABM Khairul Haque J Government of Bangladesh and others…………………...Petitioners Vs. Mariam Begum and others…………...............n, passed in dismissing the Civil Petition for Leave to Appeal. Since no new point has been raised this petition for review is dismissed. Ed. This Case is also Reported in: VII ADC (2010) 906.......e passed by the Joint District Judge, Fifth Court, Dhaka, in Title Suit No. 57 of 1994. 2. The facts, in brief, leading to the filÂing of this review petition are that Rustam Ali and his wife the plaintiff-respondent No.7 are the admitted ownÂers of the suit-land by purchase from one Abdul Ali,..Category: Property Law | Date: | Hits: 33
Shah Alam (Md.) Vs. Abdul Hashem Bepari and others, 2000, 29 CLC (HCD)
....intiff shall be at liberty to get the decree executed through the Court in accordance with law. Send down the lower Court records at once. Ed. This Case is also Reported in: 54 DLR (2002) 550.......d in: 54 DLR (2002) 550.......intiff shall be at liberty to get the decree executed through the Court in accordance with law. Send down the lower Court records at once. Ed. This Case is also Reported in: 54 DLR (2002) 550.......ment and decree dated 30-6-90 passed by the Subordinate Judge, Bhola in Title Suit No. 78 of 1986 decreeing the suit. 2. Short facts relevant for the purpose of the case are that the petitioner as plaintiff instituted a suit for specific performance of a contract in the Court of the Subordinate J..Category: Civil Law | Date: | Hits: 81
Al-Haj Mohibur Rahman Vs. Most. Rahana Khatun @ Suvodra Rani Sarkar, 2010, 39 CLC (AD)
....ng the title and possesÂsion of the parties in the land and house. We find no substance in this petition which is accordingly dismissed. Ed. This Case is also Reported in: VII ADC (2010) 878.......olved: Firoz Shah, Advocate-on-Record-For the Petitioner. Md. Aftab Hossain, Advocate-on-Record-For the Respondent. Civil Petition for Leave to Appeal No. 1361 of 2009. (From the judgment and order dated 02.12.2008 passed by the High Court Division in Civil Revision No.1879 of 2008.) ......ng the title and possesÂsion of the parties in the land and house. We find no substance in this petition which is accordingly dismissed. Ed. This Case is also Reported in: VII ADC (2010) 878.......ted against the judgÂment and order dated 02.12.2008 passed by the High Court Division in Civil Revision No.1879 of 2008 discharging the Rule. 2. The facts, in short, are that the responÂdent as plaintiff filed a Family Suit bearing No.48 of 2006 (Family) for dissolution of marriage stating, in..Category: Family Law | Date: | Hits: 200
Begum Firoja Siddique and another Vs. Md. Nizamul Islam (Nizam) and others, 2009, 38 CLC (AD)
....rder of the High Court Division or in the order of the learned Assistant Judge accordingly this petition for leave to appeal is dismissed. Ed. This Case is also Reported in: VII ADC (2010) 875. ......e Division (Civil) Present: Md. Tafazzul Islam J Md. Joynul Abedin J Md. Abdul Matin J Md. Abdul Aziz J ABM Khairul Haque J Surendra Kumar Sinha J Begum Firoja Siddique and another…………….........Petitioners Vs. Md. Nizamul Islam (Nizam) and others……â......rder of the High Court Division or in the order of the learned Assistant Judge accordingly this petition for leave to appeal is dismissed. Ed. This Case is also Reported in: VII ADC (2010) 875. ......eafter on 09.09.1993 the petitioners filed an application with an affidavit for appointing an Engineer of the Public Works Department for ascertaining the proper valuation of the suit land. 7. The plaintiff opposite party filed a writÂten objection against the same claiming that in the deed of g..Category: Civil Law | Date: | Hits: 65
Abdul Noor and others Vs. Abdul Jabbar and others, 2009, 38 CLC (AD)
....erial or new ground for consideration. Thus we do find any merit in the Review Petition. Accordingly, the Review Petition is rejected. Ed. This Case is also Reported in: VII ADC (2010) 873.......Division (Civil) Present: MM Ruhul Amin CJ Mohammad Fazlul Karim J Md. Joynul Abedin J Md. Abdul Matin J Shah Abu Nayeem Mominur Rahman J ABM Khairul Haque J Abdul Noor and others……………………...Petitioners Vs. Abdul Jabbar and others………………......erial or new ground for consideration. Thus we do find any merit in the Review Petition. Accordingly, the Review Petition is rejected. Ed. This Case is also Reported in: VII ADC (2010) 873....... Angarjure, villagers consisting of three parts, commonly known as Paras, namely (i) Purbapara also known as Porbatpura/Porbatpur, (ii) Majeirpara or Agpoud and (iii) Pashchim Para or Kuwor Poud. The plaintiff in the first part of 1979 came to know that some interested persons of Purbapara got chang..Category: Property Law | Date: | Hits: 27
Md. Liaquat Ali Khan and another Vs. Md. Nazimuddin and another, 2010, 39 CLC (AD)
....have arrived at a correct deciÂsion. We, therefore, find no reason to interÂfere with the same. The petition is accordingly dismissed. Ed. This Case is also Reported in: VII ADC (2010) 871.......il) Present: Mohammad Fazlul Karim CJ Md. Abdul Matin J Shah Abu Nayeem Mominur Rahman J ABM Khairul Haque J Md. Muzammel Hossain J Surendra Kumar Sinha J Md. Liaquat Ali Khan and another…………………........Petitioners Vs. Md. Nazimuddin and another…………......have arrived at a correct deciÂsion. We, therefore, find no reason to interÂfere with the same. The petition is accordingly dismissed. Ed. This Case is also Reported in: VII ADC (2010) 871.......mals of land out of which 30 decimals had been acquired by the government in L.A. Case No.140 of 1962-60 and while owning and possessing the remaining 10 decimals of land, Munsur Ali died leaving the plaintiffs as his heirs and then they were disposÂsessed by the defendants on 7th April, 1999. 3..Category: Property Law | Date: | Hits: 30
Arshad Hossain Haider and others Vs. Suza Uddoula and others, 2010, 39 CLC (AD)
....ooks is disÂpensed with as prayed for. The order of status-quo granted earlier by this Court shall continue till disposal of the appeal. Ed. This Case is also Reported in: VII ADC (2010) 846.......reme Court Appellate Division (Civil) Present: Mohammad Fazlul Karim J Md. Abdul Matin J Bijan Kumar Das J ABM Khairul Haque J Md. Muzammel Hossain J Arshad Hossain Haider and others………….........Petitioners Vs. Suza Uddoula and others………......Responden......ooks is disÂpensed with as prayed for. The order of status-quo granted earlier by this Court shall continue till disposal of the appeal. Ed. This Case is also Reported in: VII ADC (2010) 846.......issued clearÂance certificate on 21.07.1968; that said Md. Jamiruddin while had been owning and possessing the suit property, he being in need of cash money proposed to sell the suit property to the plaintiffs on the 1st week of March, 1971 and the plaintiffs agreed to purchase the same at a consid..Category: Property Law | Date: | Hits: 32
....s of the case and the terms of the decree we do not find any merit in this leave petition.
Accordingly the leave petition is disÂmissed.
Ed.
This Case is also Reported in: VII ADC (2010) 819....... VII ADC (2010) 819.......s of the case and the terms of the decree we do not find any merit in this leave petition.
Accordingly the leave petition is disÂmissed.
Ed.
This Case is also Reported in: VII ADC (2010) 819.......rt Division which was allowed in part on 31.8.2004 and the decreetal amount was reduced to taka 43,22,114.21 with interest at the rate of 18% from the date of filing of the suit till realization. The plaintiff Sufia Re-Rolling & Steel Mills Ltd. and others then filed Civil petition for leave to ..
Category: Civil Law | Date: | Hits: 75
Rabeya Khatun Vs. Sheikh Ashraful Islam and others, 2009, 38 CLC (AD)
.... above, we find no subÂstance in the submissions of the learned Advocate for the petitioners. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: VII ADC (2010) 815. ...... Appellate Division (Civil) Present: Mohammad Fazlul Karim J Md. Joynul Abedin J Shah Abu Nayeem Mominur Rahman J Rabeya Khatun being dead her heirs; Md. Harun-Or-Rashid Talukder and others ….....Petitioners Vs. Sheikh Ashraful Islam and others……………........Resp...... above, we find no subÂstance in the submissions of the learned Advocate for the petitioners. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: VII ADC (2010) 815. ......rict Judge, Bagerhat in Title Appeal No.165 of 1993 reversing those dated 21.06.1993 passed by the Assistant Judge, Additional Court No.2, Bagerhat in Title Suit No.290 of 1989. 2. The case of the plaintiff, in short, is that 59 decimals of land in C.S. khatian No.183 under mouza Sarui belonged t..Category: Property Law | Date: | Hits: 33
Abul Kalam Engineer and another Vs. M Nasiruddin Howlader and others, 2002, 31 CLC (HCD)
....rged. Order of stay is recalled and vacated. Learned Joint District Judge is directed to take steps for disposal of the Suit. Communicate. Ed. This Case is also Reported in: 54 DLR (2002) 515....... also Reported in: 54 DLR (2002) 515.......rged. Order of stay is recalled and vacated. Learned Joint District Judge is directed to take steps for disposal of the Suit. Communicate. Ed. This Case is also Reported in: 54 DLR (2002) 515.......t District Judge, Court No. 3 at Chittagong in Other Suit No. 217 of 2001 granting temporary injunction restraining them from continuing a construction work. 2. On 29-8-2001 opposite party No.1 as plaintiff instituted the suit against the appellants and another for a decree of partition of the su..Category: Property Law | Date: | Hits: 33
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