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Provat Kumar Das Vs. Manager, Agrani Bank, Main Branch, Saheb Bazar, Rajshahi and another, 2009, 38 CLC (AD)

....with law and no interference is called for. Accordingly, the application for leave to appeal is dismissed. This Case is also Reported in: 15 MLR (AD) (2010) 96; 15 BLC (AD) (2010) 113. ...... Karim J Md. Joynul Abedin J Shah Abu Nayeem Mominur Rahman J Provat Kumar Das..............Petitioner Vs. Manager, Agrani Bank, Main Branch, Saheb Bazar, Rajshahi and another........Respondents Judgment April 26, 2009. Lawyers Involved: ......with law and no interference is called for. Accordingly, the application for leave to appeal is dismissed. This Case is also Reported in: 15 MLR (AD) (2010) 96; 15 BLC (AD) (2010) 113. .......04.2004 allowed the prayer and ordered for civil imprisonment of the judgment debtors for three months, the period to be counted from the date of arrest. 3. Being aggrieved there-against the plaintiff moved the High Court Division in its writ jurisdiction, whereupon a Rule was issued. The H..

Category: Civil Law | Date: | Hits: 121

Abdur Razzak and others Vs. Md. Habejuddin and others, 2010, 39 CLC (AD)

....e High Court Division is set aside with the above directions. Accordingly, the petition for leave to appeal is disposed of. Ed. This Case is also Reported in: VII ADC (2010) 336. ......il) Present: Mohammad Fazlul Karim CJ Md. Abdul Matin J BK Das J ABM Khairul Haque J Md. Muzammel Hossain J Surendra Kumar Sinha J Abdur Razzak and others….............Petitioners Vs. Md. Habejuddin and others….........Respond......e High Court Division is set aside with the above directions. Accordingly, the petition for leave to appeal is disposed of. Ed. This Case is also Reported in: VII ADC (2010) 336. ...... defendant Nos.1, 4, 5 and 2, 10 to 13 by filing separate set of written statements. 3. After hearing, the trial Court decreed the suit in part, allowing a saham of 3.38 acres in favour of the plaintiff. 4. Being aggrieved, the defendant Nos.1 to 5 preferred the first appeal. On the di..

Category: Property Law | Date: | Hits: 19

Md. Asheque Ali Vs. Md. Shamsul Hoque Sarder and others, 2010, 39 CLC (AD)

....-petitioner will be at liber­ty to file a fresh suit, if so advised, on fresh cause of action for allotment of sham, if there be any. Ed. This Case is also Reported in: VII ADC (2010) 333. ...... ABM Khairul Haque J Md. Muzammel Hossain J Surendra Kumar Sinha J Md. Asheque Ali…………………………………… Petitioner Vs. Md. Shamsul Hoque Sarder and others .......The Respondents Judgment February 15, 2010. Lawyers Involved:......-petitioner will be at liber­ty to file a fresh suit, if so advised, on fresh cause of action for allotment of sham, if there be any. Ed. This Case is also Reported in: VII ADC (2010) 333. ...... From the judgment and order dated 52.5.2008 passed by the High Court Division in Civil Revision No. 3693 of 2004.) Judgment SK Sinha J. - This leave petition at the instance of the plaintiff is directed against the judgment and order dated 22nd May, 2008 of a Single Bench of the H..

Category: Property Law | Date: | Hits: 18

Ministry of Fisheries and Livestock's Vs. Obaid Jagirdar and others, 2010, 39 CLC (AD)

....rived 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) 330. ...... Appellate Division (Civil) Present: Md. Abdul Matin J ABM Khairul Haque J Md. Muzammel Hossain J Surendra Kumar Sinha J Ministry of Fisheries and Livestock's………………....Petitioner Vs. Obaid Jagirdar and others………......rived 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) 330. ......f 1990. 2. The petitioner instituted Title Suit No. 18 of 1990 in the 2nd Court of the learned Subordinate Judge, Sylhet for a declarations that the first schedule land is acquired land of the plaintiff and that the settlement in respect of second schedule land in favour of defendant No. 4 by..

Category: Property Law | Date: | Hits: 25

Abul Hasem Chowdhury Vs. Md. Shamsur Rahman, 2009, 38 CLC (AD)

....spon­dents supported the judgment of the High Court Division. In that view of the matter this leave petition is dismissed. Ed. This Case is also Reported in: VII ADC (2010) 327. ......ecord-For the Petitioner. Shamsuddin Bulbul, Advocate, Ibrahim Khalil, Advocate-on- Record-For Respondent. Civil Petition for Leave to Appeal No. 1797 of 2009. (From the judgment and order dated 18.3.2009 passed by the High Court Division in Civil Revision No. 1786 of 1999.) ......spon­dents supported the judgment of the High Court Division. In that view of the matter this leave petition is dismissed. Ed. This Case is also Reported in: VII ADC (2010) 327. ......- This petition for leave to appeal is directed against the judgment and order dated 18.3.2009 passed by a learned Single Judge discharging Civil Revision No.1786 of 1999. 2. The respondent as plaintiff instituted Other Class Suit No.89 of 1993 before the Senior Assistant Judge, Karimganj, Di..

Category: Property Law | Date: | Hits: 21

Md. Abdus Subhan Vs. Md. Khademul and others, 2010, 39 CLC (AD)

....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) 324. ....... Abdul Matin J ABM Khairul Haque J Md. Muzammel Hossain J Surendra Kumar Sinha J Md. Abdus Subhan ...............................Petitioner Vs. Md. Khademul and others………….......Respondents Judgment February 14, 2010. Lawyers In......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) 324. ......er of the defendants. These defen­dant Nos.1 and 2 were minors, who inher­ited the suit land from their mother. Their father, Taslim Uddin entered into a contract for sale of the said land with the plaintiff at a consideration money of Tk.36,000/- out of which he received Tk.7,000/- as earnest mon..

Category: Property Law | Date: | Hits: 26

Mayeen Uddin Ahamad Vs. Abdur Rashid Sk., 2010, 39 CLC (AD)

....le Appeal No. 89 of 2001, and dismissed the suit, as such, this petition merits no consideration and accordingly, it is dismissed. Ed. This Case is also Reported in: VII ADC (2010) 318. ...... Surendra Kumar Sinha J Mayeen Uddin Ahamad being dead his legal heirs 1(Ka). Nargis Jakil others…....Petitioners Vs. Abdur Rashid Sk. being dead his heirs Zamina Khatun and others......Respondents Judgment February 16, 2010. Lawyers Involved: ......le Appeal No. 89 of 2001, and dismissed the suit, as such, this petition merits no consideration and accordingly, it is dismissed. Ed. This Case is also Reported in: VII ADC (2010) 318. ......dge, Second Court, Dhaka, praying for declara­tion of title and recovery of khas posses­sion of the suit land. 3. Defendant No. 1 contested the suit by filing a written statement denying the plaintiffs title, possession and also the contentions in respect of dispossession as alleged in the ..

Category: Property Law | Date: | Hits: 21

Musammat Afroza Haque Vs. Miss Rowshan Ara Begum and others, 2009, 38 CLC (AD)

....ion which call for no interfer­ence by the Court. We find no substance in this review petition which is accordingly dismissed. Ed. This Case is also Reported in: VII ADC (2010) 314. ......d. Abdul Matin J Shah Abu Nayeem Mominur Rahman J BK Das J Md. Muzammel Hossain J Musammat Afroza Haque…………...Petitioner Vs. Miss Rowshan Ara Begum and others…..........Respondents Judgment August 23, 2009. Lawyers Involved: ......ion which call for no interfer­ence by the Court. We find no substance in this review petition which is accordingly dismissed. Ed. This Case is also Reported in: VII ADC (2010) 314. ...... 02.06.2008 passed by the Appellate Division in Civil Petition for Leave to Appeal No. 1928 of 2007 where­by leave petition was dismissed. 2. The facts, in short, are that the petition­er as plaintiff instituted a suit being Title Suit No. 10 of 1998 in the Court of the learned Joint Distri..

Category: Property Law | Date: | Hits: 22

Elahi Mondal Vs. Juran Mondal and others, 2009, 38 CLC (AD)

....e do not find any new ground for review of the impugned Judgment and order. Accordingly, this review petition is dismissed. Ed. This Case is also Reported in: VII ADC (2010) 307. ...... Md. Abdul Matin J Shah Abu Nayeem Mominur Rahman J BK Das J Md. Muzammel Hossain J Elahi Mondal……………….......Petitioner Vs. Juran Mondal and others…………....Respondents Judgment August 23, 2009. Lawyers Involve......e do not find any new ground for review of the impugned Judgment and order. Accordingly, this review petition is dismissed. Ed. This Case is also Reported in: VII ADC (2010) 307. ......s directed against the judgment and order dated 30.07.2008 passed by the Appellate Division in Civil Petition for Leave to Appeal No. 697 of 2007 dismissing the same. 2. The respondent No.1 as plaintiff filed Title Suit No.62 of 1988 for declaration of his title in .21 acres of land in plot N..

Category: Property Law | Date: | Hits: 20

S. Co. Power Plant Ltd. Vs. Government of Bangladesh and oth­ers , 2009, 38 CLC (AD)

.... the Adalat before making the sale. 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) 295.......Ruhul Amin CJ Mohammad Fazlul Karim J Md. Joynul Abedin J Shah Abu Nayeem Mominur Rahman J S. Co. Power Plant Ltd., represented by its Managing Director Md. Sirajul Haque and another ...Petitioners Vs Government of Bangladesh and oth­ers ..........Responde...... the Adalat before making the sale. 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) 295.......orporation Limited amounting to Tk. 14,85,00,442/- with an annual interest at the rate of 15%. The Company failed to repay the outstanding loan amount to respondent No.3 bank. Therefore, the bank, as plaintiff, filed Artha Rin Suit No. 94 of 2007 before the Artha Rin Adalat No.4, Dhaka impleading th..

Category: Banking Law | Date: | Hits: 84

Anwar Munshi and others Vs. Kulsum Begum and others, 2009, 38 CLC (AD)

....of the same subject mat­ter for formal defects is dismissed. In view of above discussion prayer for granting leave is refused. Ed. This Case is also Reported in: VII ADC (2010) 295. ......010) 295. ......of the same subject mat­ter for formal defects is dismissed. In view of above discussion prayer for granting leave is refused. Ed. This Case is also Reported in: VII ADC (2010) 295. ......Revision No.458 of 2005 discharging the rule with cost upon affirming the judgment and decree of the lower appellate Court who upheld the judgment and decree of the trial court. 2. The petitioners as plaintiffs instituted Other Suit No.25 of 1997 impleading the opposite parties as defendants praying..

Category: Property Law | Date: | Hits: 35

Jalaluddin Ahmed and others Vs. Md. Selim Hossain and others, 2010, 39 CLC (AD)

.... the way if they file a fresh suit, for recovery of the suit property. This leave petition is dis­missed with the above observations. Ed. This Case is also Reported in: VII ADC (2010) 291. ...... Appellate Division (Civil) Present: Mohammad Fazlul Karim J Md. Abdul Matin J Md. Muzammel Hossain J Surendra Kumar Sinha J Jalaluddin Ahmed and others...................Petitioners Vs. Md. Selim Hossain and others................... the way if they file a fresh suit, for recovery of the suit property. This leave petition is dis­missed with the above observations. Ed. This Case is also Reported in: VII ADC (2010) 291. ......the Artha Rin Adalat, Narayangonj, for realization of a sum of Taka 18,37,494/- with interest against the respondent Nos. 3-6 stating that on the basis of the application of the judgment debtors, the plaintiff bank ini­tially sanctioned a sum of Taka 1,50,000/- as cash credit hypo loan on 12th Augu..

Category: Property Law | Date: | Hits: 28

Sher Mohammad Vs. Md. Munsur Ali and others, 2009, 38 CLC (AD)

....ance in any of the submissions of the   learned Advocate for the petitioners. Accordingly this leave petition is dis­missed. Ed. This Case is also Reported in: VII ADC (2010) 288. ......ent here. Supreme Court Appellate Division (Civil) Present: Mohammad Fazlul Karim J Shah Abu Nayeem Mominur Rahman J BK Das J Sher Mohammad being dead his heir Most Tara Bibi and others..........Petitioners Vs. Md. Munsur Ali and others ........................Responde......ance in any of the submissions of the   learned Advocate for the petitioners. Accordingly this leave petition is dis­missed. Ed. This Case is also Reported in: VII ADC (2010) 288. ......peal No. 188 of 1998 of the 1st Court of the Subordinate Judge (now Joint District Judge) Nawabganj upon restoring those of the trial court in other class Suit No.38 of 1987. 2. The respondents as plaintiffs instituted other class Suit No.38 of 1987 in the Court of Assistant Judge, Gomestapur, Na..

Category: Property Law | Date: | Hits: 51

Abdul Hamid Matubbar and others Vs. Majibar Matubbar and others, 2009, 38 CLC (AD)

....pellate Division we do not find any ground for review our judgment. Accordingly, this Civil Review Peti­tion is dismissed. Ed. This Case is also Reported in: VII ADC (2010) 285. ......n (Civil) Present: MM Ruhul Amin CJ Md. Abdul Matin J Shah Abu Nayeem Mominur Rahman J BK Das J Md. Muzammel Hossain J Abdul Hamid Matubbar and others....................Petitioners Vs. Majibar Matubbar and others.........Resp......pellate Division we do not find any ground for review our judgment. Accordingly, this Civil Review Peti­tion is dismissed. Ed. This Case is also Reported in: VII ADC (2010) 285. ......upon reversing the judgment and decree dated 17.07.1986 passed by the learned Munsif (now Assistant Judge) Shariatpur in the Title Suit No. 341 of 1982 decreeing the suit. 3. The petitioner as plaintiff instituted Title Suit No. 341 of 1982 in the court of the then learned Munsif, Shariatpur,..

Category: Property Law | Date: | Hits: 26

Most. Monowara Begum and others Vs. Malanch Bibi and others, 2009, 38 CLC (AD)

....w The appeal is therefore allowed. The judgment of the High Court Division is set aside and restored those of the Courts below. Ed. This Case is also Reported in: VII ADC (2010) 271. ......ted in: VII ADC (2010) 271. ......w The appeal is therefore allowed. The judgment of the High Court Division is set aside and restored those of the Courts below. Ed. This Case is also Reported in: VII ADC (2010) 271. ......­inal maliks of the holding Nalini and his wife Sarola left this Country for India in 1962 and the suit holding measuring an area of 1.72 acres of land was sold in auc­tion for arrear of rents. The plaintiff auc­tion purchased the same on 22nd October, 1962 in 3 (three) certificate cases and got ..

Category: Property Law | Date: | Hits: 20

Mohiuddin Khan and another Vs. Shihamul Haque and others, 2009, 38 CLC (AD)

....plaint and a decree for declaration that the set­tlement deed described in schedule ‘B’ is not binding on the plaintiffs. Ed. This Case is also Reported in: 15 BLC (AD) (2010) 129. ....... ......plaint and a decree for declaration that the set­tlement deed described in schedule ‘B’ is not binding on the plaintiffs. Ed. This Case is also Reported in: 15 BLC (AD) (2010) 129. ......inate Judge, 1st Court, Gazipur in Title Suit Nos. 25 and 16 of 1992 dismissing the suits. 2. The facts in short are that the appellants in C.A. No.8 of 2005 i.e. Mohiuddin Khan and another as plaintiff filed the above Title Suit No.16 of 1992 on 6-2-1992 against the heirs of Shihamul Haque s..

Category: Property Law | Date: | Hits: 29

Abdul Gafur and others Vs. Md. Abdur Razzak and others, 2009, 38 CLC (AD)

....is allowed without any order as to costs. The judgment of the High Court Division is set aside and restored those of the Courts below. Ed. This Case is also Reported in: 62 DLR (AD) (2010) 242. ....... Ed. This Case is also Reported in: 62 DLR (AD) (2010) 242. ......is allowed without any order as to costs. The judgment of the High Court Division is set aside and restored those of the Courts below. Ed. This Case is also Reported in: 62 DLR (AD) (2010) 242. ......g those dated 27th April, 1996 of the Senior Assistant Judge, Kaligonj, Jhenaidah in Title Suit No.14 of 1996 decreeing the suit and allotting saham of 1.94 acres of land out of the suit lands to the plaintiffs and half portion of lands of CS Khatian No.77 to the defendant Nos. 24-36 and 38. 2. T..

Category: Tenancy Law | Date: | Hits: 174

Md. Sona Ullah Vs. Most. Morium Bewa and others, 2010, 39 CLC (AD)

....o add additional grounds. 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) 237. ......Appellate Division (Civil) Present: Md. Tafazzul Islam CJ Md. Abdul Matin J Surendra Kumar Sinha J Md. Sona Ullah being dead his legal heirs: Md. Akbar Ali and others…………………Petitioners Vs. Most. Morium Bewa and others………â€......o add additional grounds. 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) 237. ......in, the predecessors of the defendant Nos. 2 to 13. During the war of liberation, all the title deeds were destroyed. The defendant Nos. 2-12 sold the 'Ka' schedule lands out of 'Kha' schedule to the plaintiffs by different deeds. On 10th September, 1990, the plaintiffs came to know for the first ti..

Category: Property Law | Date: | Hits: 18

Md. Khorshed Alam and another Vs. Mohammad Ali and others, 2009, 38 CLC (AD)

....earned Advocate for the petitioners in both of the leave petitions. Accordingly, both of the leave peti­tions are dismissed. Ed. This Case is also Reported in: VII (ADC) (2010) 223. ......rted in: VII (ADC) (2010) 223. ......earned Advocate for the petitioners in both of the leave petitions. Accordingly, both of the leave peti­tions are dismissed. Ed. This Case is also Reported in: VII (ADC) (2010) 223. ......ners to deliver possession of Suit Shop No. 19 of Younusco City Center in favour of the proforma respondent Nos.2 and 3. 3. The facts of the case, in short, are that the respondent No.1 as the plaintiff on 30.07.2005 instituted Other Class Suit No. 191 of 2005 against the defendant No.1 and 2..

Category: Property Law | Date: | Hits: 20

Narendra Chandra Das and another Vs. Sree Sree Gopal Bigraha and another, 2009, 38 CLC (AD)

....nt and decree dated 26.07.2004 passed by a Division Bench of the High Court Division in F. A. No. 54 of 1999 is hereby affirmed. Ed. This Case is also Reported in: VII (ADC) (2010) 216. ...... also Reported in: VII (ADC) (2010) 216. ......nt and decree dated 26.07.2004 passed by a Division Bench of the High Court Division in F. A. No. 54 of 1999 is hereby affirmed. Ed. This Case is also Reported in: VII (ADC) (2010) 216. ......irming those dated 28.10.1998 passed by the learned Sub-Ordinate Judge, 4th Court, Dhaka in Title Suit No.102 of 1992 Decreeing the suit. 2. Facts involved in this case, in short, are that the plaintiffs-respondents instituted suit being Title Suit No.102 of 1992 in the Court of Sub-Ordinate ..

Category: Property Law | Date: | Hits: 29