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Md. Nurul Abser Miah Vs. Kiron Shankar Nandy & others, 1988, 17 CLC (HCD)
.... refusing to strike off the name of the opposite party No. 1 from the plaint of Other Suit No. 41 of 1978 of the Court of Sub-Judge, 1st Court, Sadar, Chittagong. 2. The petitioner instituted the aforesaid suit against the opposite party Nos.2 to 5 for specific performance of contract for certa......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. ...... For the Opposite Parties. Civil Revision No. 88(C) of 1982 Judgment AM Mahmudur Rahman J.- This Rule is against an order refusing to strike off the name of the opposite party No. 1 from the plaint of Other Suit No. 41 of 1978 of the Court of Sub-Judge, 1st Court, Sadar, Chittagong. 2. T..Category: Procedural Law | Date: | Hits: 70
M/s. Nawab Askari Jute Mills Ltd. & others Vs. Giasuddin Ahmed, 1988, 17 CLC (HCD)
....ohrab 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 injunction has got no marke......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 injunction has got no market value and the plaintiff has put own valuation. The suit can be entertained on the valuation given by plaintiff"...Category: Civil Law | Date: | Hits: 159
Trading Corporation of Bangladesh Vs. MV Corina & others, 1988, 17 CLC (HCD)
....a, Advocates—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 the High Court Division of the Supreme Court of Ba......The compliance of service is to be filed within two weeks thereafter. The plaint be returned to the learned Advocate of the plaintiff. Ed. This Case is also Reported in: 41 DLR (1989) 127 ......ff-Petitioner. M. Hafizullah with P. Bhattacharya, Advocates—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
Moslemuddin Dhali & others Vs. Helaluddin Dhali & others, 1988, 17 CLC (HCD)
....e Code of Criminal Procedure should not be quashed or such other or further order or orders as to this Court may seem fit and proper. 2. The petitioners as 1st Party made a petition of complaint before the Chief Metropolitan Magistrate, Dhaka on 25.3.87 for drawing up the aforesaid proceeding u......abuse of the process of any Court and no case of securing the ends of justice have been made out. In the result, the Rule is discharged. Ed. This Case is also Reported in: 41 DLR (1989) 120. ......145 of the Code of Criminal Procedure should not be quashed or such other or further order or orders as to this Court may seem fit and proper. 2. The petitioners as 1st Party made a petition of complaint before the Chief Metropolitan Magistrate, Dhaka on 25.3.87 for drawing up the aforesaid pro..Category: Criminal Law | Date: | Hits: 32
Category: Property Law | Date: | Hits: 28
Ramjan Ali Sowdagar and Ashraf Ali Khan Waqf Estate Vs. Most. Ayesha Khatoon, 2010, 39 CLC (AD)
.... Abdul Wadud Bhuiyan, Senior Advocate, instructed by Gias Uddin Ahmed, Advocate-on-Record-For Respondent Nos. 1-9 & 15-16. Not represented-Respondent Nos.10-14 & 17-21. Civil Petition for Leave to Appeal No. 1069 of 2009. (From the judgment and order dated 25.01.2009 passed by the......und by the High Court Division. In the premises, we do not find any merit in this petition. The petition is accordingly dismissed. End. This Case is also Reported in: VII ADC (2010) 926. ...... declaration that the kabala dated 17/12/1972 and the alleged deed of rectification 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 disposal 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)
....Petitioner. Mahmudul Islam, Senior Advocate, instructed by Syed Mahbubur Rahman, Advocate-on-Record-For Respondent No. 1 (as substituted). Not represented-Respondent Nos. 2-3. Civil Petition for Leave to Appeal No. 2489 of 2009. (From the judgment and decree dated 04.11.2009 passed by th...... "those applications can not be entertained at this belated stage as those documents are not filed with written statement and those are not necessary for proper adjudication of the appeal and for amendment/filing of additional written statement and those documents are not necessary for the purpo......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 application, 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)
....itioners. Md. Nawab Ali, Advocate on Record-For the Respondents. Civil Review Petition No. 59 of 2009. (From the Judgment and order dated 04.02.2009 passed by this Division in Civil Petition for Leave to Appeal No.303 of 2007) Judgment ABM Khairul Haque J. - This is a petition for rev......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 filing of this review petition are that Rustam Ali and his wife the plaintiff-respondent No.7 are the admitted owners 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)
....Bhola in Title Appeal No. 86 of 1990 reversing the judgment 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 perf......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
Md. Ruhul Amin and others Vs. Mohammad Forkan Ullah and another, 2010, 39 CLC (AD)
....ry 17, 2010. Lawyers Involved: Mahmudul Islam, Senior Advocate instructed by A.K.M. Shahidul Huq, Advocate-on-Record- For the Petitioners. Not represented- the Respondents. Civil Petition for Leave to Appeal No. 837 of 2009. (From the judgment and order dated the 3rd day of February, ...... month. The preparation of paper books is dispensed with as prayed for. The petitioners are permitted to add the additional grounds. Ed. This Case is also Reported in: VII ADC (2010) 880.......Case No.1 of 1995 dismissing the suit for declaration that the suit ewaj deed was out and out sale deed and subject matter of pre-emption. 2. The facts involved in the case, in short, are that the plaintiffs are the co-sharers by inheritance in the land appertaining to C.S. Khatian No. 243 corres..Category: Property Law | Date: | Hits: 52
Begum Firoja Siddique and another Vs. Md. Nizamul Islam (Nizam) and others, 2009, 38 CLC (AD)
.... December 14, 2009. Lawyers Involved: Mohammad Hossain, Advocate instructed by AKM Shahidul Huq, Advocate-on-Record-For the Petitioners. Not represented-the Respondents. Civil Petition for Leave to Appeal No.1025 of 2009. (From the judgment and order dated 26.02.2009 passed by the ......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. ......its by 10 cubits and the suit was valued at taka ten thousand including six thousand being the value of the land. 4. The petitioners filed written statement denying the material allegations in the plaint and claimed the proper valuation to be fifteen lacs and fifty thousand. 5. On 15.03.1993 t..Category: Civil Law | Date: | Hits: 65
Abdul Noor and others Vs. Abdul Jabbar and others, 2009, 38 CLC (AD)
....Involved: Nikhil Kumar Shah, Senior Advocate, instructed by Md. Nawab Ali, Advocate-on-Record-For the Petitioners. Aftab Hossain, Advocate-on-Record-For the Respondent. Civil Review Petition for Leave to Appeal No. 99 of 2008. (From the judgment and order dated 20.04.2009 passed by the A......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)
....Abdus Salam Khan, Senior Advocate, instructed by AKM Shahidul Huq, Advocate-on-Record-For Respondent Nos. 1-2, 4-6 & 8. Not represented- the Respondent Nos. 3, 7, 9 & 10. Civil Petition for Leave to Appeal No. 2320 of 2009. (From the judgment and order dated 25.6.2009 passed by the ......have arrived at a correct decision. We, therefore, find no reason to interfere 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 dispossessed by the defendants on 7th April, 1999. 3..Category: Property Law | Date: | Hits: 30
Category: Constitutional Law | Date: | Hits: 252
Abul Kalam Engineer and another Vs. M Nasiruddin Howlader and others, 2002, 31 CLC (HCD)
.... 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 suit land described in schedule-I for a separate share of his purch......further find in paragraph 4 of the plaint the plaintiff has categorically averred that he got possession of 6 Gondas in local measurement which is equivalent to 12 decimals plus excess land. Whatever amendment made of the plaint dated 28-11-2001 has not replaced this positive case of the plaintiff. ......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
Madinullah Miah Vs. Md. Abdul Mannan & another, 2001, 30 CLC (HCD)
.... case holding. This is the case land. This is contiguous to the land held by Mannan and lies next to his ‘baithakkhana’. This gave Mannan an occasion to file, almost 7 years later, an application for pre-emption of the case land and institute the Miscellaneous Case No. 4 of 1997. It was under se......reby set aside. The Miscellaneous Case No. 4 of 1997 of the Assistant Court, Hatia, Noakhali is dismissed. There will be no order as to cost. Ed. This Case is also Reported in: 54 DLR (2002) 507....... record. At this point I may refer to a decision of Calcutta High Court, Moni Mohan Mandal Vs. Ramtaran Mandal. It is reported in Indian Law Report, Calcutta Series, Vol 43 page 148. In that case the plaintiff instituted a suit for recovery of possession of certain areas of land. The learned Munsiff..Category: Property Law | Date: | Hits: 37
Category: Procedural Law | Date: | Hits: 60
Syed Ahmed Chowdhury Vs. Abdur Rashid Mridha, 2002, 31 CLC (HCD)
..... 1 to 4 to show cause as to why the order dated 29-7-97 passed by the learned Divisional Special Judge Barisal in Special Case No. 46 of 1996 should not be set aside. 2. On the basis of a First Information Report lodged by Abdus Salam Sikdar, Assistant Inspector, District Anti-Corruption Bureau,...... interference. In view of the discussion made above we find that this Rule merits no consideration. The Rule is, therefore, discharged. Ed. This Case is also Reported in: 54 DLR (2002) 498. ......cedure and submits that the offence alleged if any has been committed in relation to the proceeding of Title Suit No. 472 of 1981 in the Court of the learned Assistant Judge and, as such, except a complaint of the said Court no Court can take cognizance of such offence. Elaborating further the point..Category: Criminal Law | Date: | Hits: 29
Category: Civil Law | Date: | Hits: 76
MA Kabir Chowdhury and others Vs. M Mahbubur Rahman Miah & others, 2002, 31 CLC (HCD)
....r the Petitioners. Civil Order No. 5742 of 2001. Judgment Md. Abdur Rashid J. - This application at the instance of the decree holder is made under section 151 of the Code of Civil Procedure for recalling and/or vacating the direction given vide order dated 22-10-2001 by this Division in ab......he executing Court is directed to proceed with the proceeding of Other Execution Case No. 3 of 1997 in accordance with law. Communicate. Ed. This Case is also Reported in: 54 DLR (2002) 485. ......r Rahman (as defendant No.1) and 118 others for partition of 1.45 acre of land including the laid covered by the previous suit claiming a share of 19 gondas and odds as described in schedule-B to the plaint. The claimed to be in possession of the very same land by way of purchase from defendant No. ..Category: Civil Law | Date: | Hits: 125