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Serajul Hoque Majumder Vs. Bachchu Mia Mojumder and others, 2006, 35 CLC (AD)

....ul Islam Bhuiyan, Advocate-on-Record - For the Petitioner. Md. Nawab Ali, Advocate-on-Record - Respondent Nos. 1-8. Not Represented – Respondent Nos. 9 -73. Civil Petition for leave to appeal No.630 of 2005 (From the judgement and order dated 13.1. 2004 passed by t......ere­by affirming the judgment and decree; dated February 28, 1994 of the Court of Assistant judge, Nangalkot, Comilla in Title Suit No. 24 of 1991 decreeing the same. The suit was filed seeking declaration that the judgment and order dated June 29, 1987 passed in Miscellaneous Case (pre-empt..

Category: Property Law | Date: | Hits: 23

Syed Ali Mondal and others Vs. Dulal Chandra Biswas & others, 2006, 35 CLC (AD)

....ents Judgment April 24, 2006. Lawyers Involved: Md. Nawab Ali, Advocate-on-Record-For the Petitioners. Not Represented – the Respondents. Civil Petition for Leave to Appeal No.1298 of 2004. (From the judgment and order dated 18th April, 2004 pass......se of dated 24.06.90 passed by the learned Assistant Judge, Jhenidah in Title Suit No. 412 of 1987 dismissing the suit. 2. The petitioners instituted above Title Suit No. 412 of 1987 seeking declaration of title and confirmation of possession in the suit land stating, inter alia, that Tho..

Category: Property Law | Date: | Hits: 30

Aftab Ali Chowdhury and another Vs. Piara Khanam and others, 2006, 35 CLC (AD)

....ructed by Sufia Khatun, Advocate-on-Record-For the Petitioners. Md. Nawab Ali, Advocate-on-Record-For Respondent Nos. 1-2. Not repre­sented - Respondent Nos. 3-5 Civil Petition for Leave to Appeal No. 1521 of 2004. (From the Judgment and Order dated July 14, 2004 passed......f 1995 affirming the judgment and decree dated November 30, 1994 of the Court of Senior Assistant Judge, Balaganj, Sylhet in Title Suit No. 33 of 1993 decreeing the suit. 2. The suit was for declaration of title by adverse possession and for further declaration that the kabala bearing No...

Category: Property Law | Date: | Hits: 25

Bulmayee Barmani Vs. Sree Madhuram Barman and another, 2006, 35 CLC (AD)

....rs Involved: Subhas Chandra Saha, Advocate, instructed by Chowdhury Md. Zahangir, Advocate-on-Record - For the Petitioners. Not represented – the Respondents. Civil Petition for Leave to Appeal No. 1270 of 2004. (From the judgment and order dated 21st August, 2002 pa......e learned Assistant Judge, Razar Hat, Kurigram in Other Class Suit No. 37 of 1994 decreeing the suit in preliminary form. 3. The petitioners filed the above suit praying for partition after declaration of their title in the suit land contending, inter alia, that the suit land appertainin..

Category: Property Law | Date: | Hits: 67

Abdus Sattar Khan Vs. Md. Noor@ Nurullah, 2006, 35 CLC (AD)

....os. 1(d), 1(e), 2(b); 2(c) & 2(e), 4(a), 4(g) (In both the cases). Not represented - Respondent Nos. 1(a)-(c), 1(f)-(h), 2(a),2(d), 3, 4(b)-4(f) (In both the cases). Civil Petition for Leave to Appeal Nos. 656 & 657 of 2005. (From the Judgment and Order dated March 14, ......urt in Suit Nos. 5 and 6 of 1968 so far the decrees therein related to plot Nos. 9, 10 and 4 two appeals i.e. Title Appeal Nos. 159 and 160 of 1969 were filed. 5. The suit was filed seeking declaration of title and for recovery of khas posses­sion as well as mesne profit and also for ..

Category: Property Law | Date: | Hits: 26

Md. Samiul Haque and others Vs. Khairul Alam and others, 2006, 35 CLC (AD)

....ts Judgment June 25, 2006. Lawyers Involved: Md. Nawab Ali, Advocate-on-Record - For the Petitioners. Not represented – the Respondents. Civil Petition for Leave to Appeal No. 385 of 2005. (From the Judgment and Order dated March 13, 2004 passed......reversing the Judgment and decree dated July 31, 1988 of the Court of Assistant Judge, Sribordi, Sherpur in Other Class Suit No. 64 of 1985 decreeing the same. 2. The suit was filed seeking declaration of title and for recovery of khas posses­sion of the land in suit. It is the case o..

Category: Property Law | Date: | Hits: 18

Billal Hossain and others Vs. Mofizur Rahman and others, 2006, 35 CLC (AD)

....yum, Senior Advocate instruct­ed by Sayed Mahbubur Rahman, Advocate-on- Record- For the Petitioners. Nurul Islam Chowdhury, Advocate-on-Record-For the Respondents. Civil Petition for Leave to Appeal No. 701 of 2005 (From the judgment and order dated 23rd February, 2005 p......ersing those of dated 19.9.2000 of the learned Senior Assistant Judge, Chandina, Comilla in Title Suit No. 28 of 1999 dismissing the suit. 2. The plaintiffs instituted the above suit seeking declaration of their title in the suit land on the averments that the suit land, together with the ..

Category: Property Law | Date: | Hits: 19

Bijoy Kumar Sarbabidya Vs. Government of Bangladesh & others, 2006, 35 CLC (AD)

....or the Petitioner. Mahbubey Alam, Senior Advocate, instructed by Chowdhury M. Zahangir, Advocate-on- Record-For Respondent No. 4. Not repĀ­resented- Respondent Nos.1-3 & 5-13. Civil Petition for Leave to Appeal No. 922 of 2003 (From the judgment and order dated 3.3.2003 passed by the Hig......Charge (now Joint District Judge), First Court, Chittagong in Other Suit No.39 of 1974 decreeing the suit. 2. Bijoy Kumar Sarbabidya, the predecesĀ­sor of the petitioners, filed the above suit for declaration of title in the suit land on the averments, inter alia, that Surendra Chandra Ghosal, fa..

Category: Property Law | Date: | Hits: 39

Shushil Chandra Nath Vs. Shanjib Kanti Nath and another, 2007, 36 CLC (AD)

....that the land measuring 41 decimals shown in the 1st schedule attached to the plaint belonged to Mohendra Kumar Nath, father of the plaintiff and said Mohendra Kumar Nath entered into an agreement for sale of 26 decimals of land shown in the 2nd schedule attached to the plaint on November 9, 197......r of the plaintiff was subsequent to the deed of gift and consequent thereupon person through whom plaintiff claimed the title having had no saleable interest as such plaintiff was required to seek declaration of title in respect of the land in suit but plaintiff did not seek declaration of titl..

Category: Property Law | Date: | Hits: 46

State Vs. Abdus Sattar and others, 2007, 36 CLC (AD)

.... Lawyers Involved: Golam Kibria, Deputy Attorney General, instructed by B. Hossain, Advocate-on- Record-For the Petitioner. Not represented-the Respondents. Criminal Petition for Leave to Appeal No. 181 of 2004. (From the judgment and order dated 11-04-2004 passed by...... is total denial and their case is that the deceased did not sustain any injury on the date, at time and place and in the manner as alleged by the prosecution, nor the deceased ever made any dying declaration as alleged, but they have been falsely implicated in the case out of enmity and grudge...

Category: Criminal Law | Date: | Hits: 44

Shamsul Arefin Rao Vs. Mahbub Hossain, 2007, 36 CLC (AD)

....cate-on-Record-For the Respondent (In Civil Petition No. 1365 of 2003) Chowdhury Md. Zahangir, Advocate-on-Record-For the Respondents (In Civil Petition No.331 of 2002) Civil Petition for Leave to Appeal No. 1365 of 2003. With Civil Petition for Leave to Appeal No.331 ......aid execution case the petitioner filed Partition Suit No. 97 of 2000 in respect of the same subject matter as that of the said Partition Suit No. 19 of 1962 for partition with further prayer for a declaration that the fins decree passed in the aforesaid Partition Suit No. 19 of 1962 was void an..

Category: Civil Law | Date: | Hits: 88

Rahmat Ali Vs. Md. Abdul Gani and others, 2007, 36 CLC (AD)

.... the Petitioners. Syed Mahbubur Rahman, Advocate-on-Record-For Respondent Nos.1, 3, 4-8 and 11-13. Not represented- the Respondent Nos. 2, 5-7, 9-10 and 14-31. Civil Petition for Leave to Appeal No.1165 of 2005. (From the judgment and order dated the 11th June, 2005......ged deed of settlement exhibit-3(Kha) 'Ka' schedule land by way of inheritance, the Court of appeal below erred in not holding that the suit for simple partition is not maintainable with­out a declaration of title and the High Court Division erred in law in affirming the judgment of the appe..

Category: Property Law | Date: | Hits: 26

Md. Rafiq Uddin and another Vs. Md. Khorshed Ali Mollah and others, 2007, 36 CLC (AD)

....M.G. Bhuiyan, Advocate-on-Record-For Respondent Nos. 1-6. Mahmuda Begum, Advocate-on-Record-For Respondent Nos. 7-8. Not Represented- the Respondent Nos. 9-13. Civil Petition for Leave to Appeal No. 932 of 2005. (From the judgment and order dated the 28th March, 2005......r Class Suit No. 235 of 1983 decreeing the Suit. 2. Respondent Nos.1-6 as plaintiffs insti­tuted other Class suit No. 235 of 83 in the Court of subordinate Judge, Rajshahi for decree of declaration of their right and title in the Kha schedule property against the defendants stating th..

Category: Property Law | Date: | Hits: 27

Mesbahuddin Ahmed Vs. M/s. James Finlay, 2007, 36 CLC (AD)

....ree dated 29.11.1993 passed by a Division Bench of the High Court Division in First Appeal No.23 8 of 1991 allowing the appeal and thereby dis­missing the suit filed by the plaintiff-appellant for refund of Tk. 15,00,0007-being earnest money forfeited by the defendant-respondent. 2. T......ntiff. 12. The plaintiff accordingly submitted his tender i.e. his offer in the prescribed application form, Ext.3, accompanied by pay order of Tk.15,00,000/- by way of earnest money with a declaration made therein that he would abide by the above terms and conditions for sale of the suit..

Category: Property Law | Date: | Hits: 33

Divisional Forest Officer, Dhaka Vs. Md. Shahabuddin and others, 2007, 36 CLC (AD)

....f 1990 in the Court of the learned Senior Assistant Judge, Gazipur which  was  subsequently renumbered as T.S. M No. 10 of 1992 in the 2nd Court of the Additional Assistant Judge, Gazipur for declaration that T.S. No.308 of 1973 and the ex parte decree obtained therein by the defendant......0 in the Court of the learned Senior Assistant Judge, Gazipur which  was  subsequently renumbered as T.S. M No. 10 of 1992 in the 2nd Court of the Additional Assistant Judge, Gazipur for declaration that T.S. No.308 of 1973 and the ex parte decree obtained therein by the defendant No.1..

Category: Property Law | Date: | Hits: 35

Rafique Ahmed Vs. MD, Bangladesh Overseas Employment & Service Ltd. and others, 2006, 35 CLC (AD)

....cord-For the Petitioner. A.J. Mohammad Ali, Senior Advocate, instructed by Haridus Paul, Advocate-on-Record-For Respondents. Not repre­sented-Respondent Nos. 2-5. Civil Petition for Leave to Appeal No. 1564 of 2004. (From the judgment and order dated 11th March, 2003 passe......ssed by the learned Senior Assistent Judge, Dhaka in Title Suit No. 270 of 2000 dismissing the suit. 3. The petitioner instituted the above suit (previously Title Suit No. 98 of 2000) seeking declaration that the order dated 12.9.1999 passed by the defendant No.2, the respondent No.1 herein..

Category: Employment/Service Law | Date: | Hits: 71

Hemayet Ali Shaikh and others Vs. Ramesh Chandra Mondal and others, 2006, 35 CLC (AD)

....s......Respondents Judgment April 24, 2006. Lawyers Involved: Sufia Khatun, Advocate-on-Record-For the Petitioners Not represented- Respondents Civil Petition for Leave to Appeal No. 1283 of 2004. (From the judgment and order dated 8th March, 2003 passed......se of dated 18.5.1983 passed by the learned Subordinat Judge (now Joint District Jude), Bagerhat in Title Suit No. 236 of 1981 dismissing the suit. 2. The respondents filed to above suit for declaration of title to the suit land on the averments, inter alia, that 10.33 acres of land out o..

Category: Property Law | Date: | Hits: 25

Most. Hamida Bewa Vs. Jasiron Nesa and others, 2005, 34 CLC (AD)

...., Sujanagar in Other Class Suit No. 48 of 1983 dismissing the same. 2. The suit was filed seeking declaration of title in respect of the land in suit. Grounds raised in support of the prayer for review in our view can in no way be considered ground for review. The con­tentions raised i......eupon affirming the judgment and decree dated August 29, 1993 of the Court of Assistant Judge, Sujanagar in Other Class Suit No. 48 of 1983 dismissing the same. 2. The suit was filed seeking declaration of title in respect of the land in suit. Grounds raised in support of the prayer for re..

Category: Procedural Law | Date: | Hits: 79

Boalkhali Sirajul Islam College Vs. Al-haj Ahmed Hossain Chowdhury and others, 2006, 35 CLC (AD)

....d-For Respondent No.1 Not represented-Respondent Nos. 2-4 Civil Review Petition No.6 of 2005 (From the judgment and order dated 03-03-2003 passed by this Division in civil petition for leave to Appeal No. 356 of 2002). Judgment Syed J. R. Mudassir Husain CJ. - This ......ssed by this Division in civil petition for leave to Appeal No. 356 of 2002). Judgment Syed J. R. Mudassir Husain CJ. - This is a review petition filed by the defendant in a suit for declaration of the plaintiff-respondent's 'rayoti' right to the suit land and for khash possession ..

Category: Property Law | Date: | Hits: 53

Jagabandhu Sarker and others Vs. Jotish Chandra Sikder and others, 2005, 34 CLC (AD)

....y leave against the judgment dated November 22,1998 of the High Court Division in Civil Revision No. 705 of 1995 making the rule absolute and there­upon sending the suit back to the trial Court for re-hearing in the light of the observation made by the lower appellate Court and with further ......93 affirming the judgment and decree dated October 21, 1992 of the Court of Subordinate Judge (now Joint District Judge), Madaripur in Title Suit No. 4 of 1989. 2. The suit was filed seeking declaration of title, confirmation of possession and for declaration that the record of right pre&s..

Category: Property Law | Date: | Hits: 19