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S. M. Hossain and others Vs. Lahazuddin and others, 2009, 38 CLC (AD)
....il Petition for Leave to Appeal Nos. 94-95 of 2005 are also disposed of in terms of the judgment in this civil appeal. Ed. This case is also Reported in: VII (ADC) (2010) 206; 9 ADC (2012) 510. ......Appellate Division (Civil) Present: Md. Abdul Matin J Md. Abdul Aziz J Md. Muzammel Hossain J S. M. Hossain………..Appellant (In Civil Appeal No. 178 of 2002) Dilruba Khanam and others………….Petitioners (In Civil Appeal Nos. 94-95 of 2005) Vs. Lahazuddin and oth......il Petition for Leave to Appeal Nos. 94-95 of 2005 are also disposed of in terms of the judgment in this civil appeal. Ed. This case is also Reported in: VII (ADC) (2010) 206; 9 ADC (2012) 510. ......of 1996 rejecting the application of the instant petitioner under Order 7, Rule 11 (d) of the Code of Civil Procedure. 2. Facts involved in this case, in short, are that the respondent Nos. 1-6 as plaintiffs instituted a suit on 25.08.1996 being Other Class Suit No.96 of 1996 in the 1st Court of ..Category: Tenancy Law | Date: | Hits: 185
....sion committed no illegality in discharging the Rule.
We find no substance in this petition which is accordingly dismissed.
Ed.
This Case is also Reported in: VII (ADC) (2010) 194.
......
Md. Abdul Matin J
Shah Abu Nayeem Mominur Rahman J
ABM Khairul Haque J
Dr. S. M. Eunus Ali, Free Friday Clinic …………..Petitioner
Vs.
Joint District Judge and Artha Rin Adalat, Second Court of Bagerhat and another……………….Respondents
Judg......sion committed no illegality in discharging the Rule.
We find no substance in this petition which is accordingly dismissed.
Ed.
This Case is also Reported in: VII (ADC) (2010) 194.
...... Rin Adalat (Md. Abdul Matin J) 195 whereby the warrant of arrest was issued against the judgment debtor petitioner.
2. The facts, in short, are that the respondent No.2 in the capacity of the plaintiff instituted Artha Rin Case No. 14 of 2003 against the defendant petitioner and defendant ..
Category: Others | Date: | Hits: 84
....ation for addition of party.
We find no substance in this petition which is accordingly dismissed with the above observation.
Ed.
This Case is also Reported in: VII (ADC) (2010) 189.
......zul Islam J
Md. Abdul Matin J
Md. Abdul Aziz J
Director General of Food, 16 Abdul Goni Road, Dhaka-1000………….Petitioner
Vs.
Al-Falah Shipping Lines Limited and others…………….Respondents
Judgment
May 10, 2009.
Lawyers Involved:......ation for addition of party.
We find no substance in this petition which is accordingly dismissed with the above observation.
Ed.
This Case is also Reported in: VII (ADC) (2010) 189.
......
9. It appears that the High Court Division correctly found that the order of this Division in Civil Appeal No.23 of 1994 is a self contained order. It appears that this Court ordered that the plaintiff decree-holder will satisfy the decree of Money Suit No.48 of 1994 of the 3rd Commercial ..
Category: Others | Date: | Hits: 356
....ion committed no illegality in dismissing the appeal.
We find no substance in this petition which is accordingly dismissed.
Ed.
This Case is also Reported in: VII (ADC) (2010) 186.
......
(Civil)
Present:
MM Ruhul Amin CJ
Mohammad Fazlul Karim J
Md. Abdul Matin J
Shah Abu Nayeem Mominur Rahman J
ABM Khairul Haque J
Md. Nazrul Islam and another…………..Petitioner
Vs.
Secretary, Ministry of Public Works, the Peopl......ion committed no illegality in dismissing the appeal.
We find no substance in this petition which is accordingly dismissed.
Ed.
This Case is also Reported in: VII (ADC) (2010) 186.
......ppeal and affirming the judgment and decree dated 27.04.1996 passed by the learned Subordinate Judge, 2nd Court, Dhaka in Title Suit No.309 of 1994 dismissing the suit.
2. The petitioners as plaintiffs filed Title Suit No.309 of 1994 contending, inter alia, that the plaintiffs (the present ..
Category: Property Law | Date: | Hits: 23
Md. Fazlul Haque Vs. Abdul Malek alias Maya Miah and another, 2009, 38 CLC (AD)
....Court rejecting the prayer for enlargement of time. We find no substance in this petition which is accordingly dismissed. Ed. This Case is also Reported in: VII ADC (2010) 181. ......J Md. Joynul Abedin J Md. Abdul Matin J ABM Khairul Haque J Md. Fazlul Haque……………………………....Petitioner Vs. Abdul Malek alias Maya Miah and another…….......Respondents Judgment November 12, 2009. Lawyers Involv......Court rejecting the prayer for enlargement of time. We find no substance in this petition which is accordingly dismissed. Ed. This Case is also Reported in: VII ADC (2010) 181. ......eous Case No.18 of 2006 rejecting the application for setting aside the order dated 11.03.2007 dismissing the miscellaneous case. 2. The facts, in short, are that the respondents herein as plaintiffs instituted S.C.C Suit No.9 of 2005 in the Court of learned Senior Assistant Judge, Sadar,..Category: Property Law | Date: | Hits: 29
Kazi Ali Ahmed Vs. Mohammad Nurunnabi and others, 2009, 38 CLC (AD)
....ngs of the Courts below. In the premises we do not find any merit in the application. Accordingly, the leave petition is dismissed. Ed. This Case is also Reported in: VII (ADC) (2010) 137. ...... Appellate Division (Civil) Present: Mohammad Fazlul Karim J Md. Joynul Abedin J Shah Abu Nayeem Mominur Rahim J Kazi Ali Ahmed.............Petitioner Vs. Mohammad Nurunnabi and others…………..Respondent Judgment March 9, 2009. Cases Referred To- Khurshid A......ngs of the Courts below. In the premises we do not find any merit in the application. Accordingly, the leave petition is dismissed. Ed. This Case is also Reported in: VII (ADC) (2010) 137. ......the respondent Nos.4-6 hereof as defendant Nos.2-4, praying for declaration that the judgment and decree passed in Title Suit No.9 of 1998 is illegal, not valid, fraudulent and not binding upon the plaintiffs contending, amongst others, that in the C.S. record the suit plot was recorded in C. S. K..Category: Property Law | Date: | Hits: 37
Md. Basarat Ali Vs. Md. Abdul Mannan and others, 2008, 37 CLC (AD)
....tly decreed the suit in favour of the plaintiffs. We find no merit in this appeal which is accordingly dismissed. Ed. This Case is also Reported in: VI ADC (2010) 79, 16 MLR (AD) (2011) 442. ......Civil) Present: MM Ruhul Amin CJ Mohammad Fazlul Karim J Md. Tafazzul Islam J Md. Abdul Matin J Md. Basarat Ali……………………........Appellant Vs. Md. Abdul Mannan and others……........Respondents Judgment July 9, 2008. Lawyers Involved: Khondker M......tly decreed the suit in favour of the plaintiffs. We find no merit in this appeal which is accordingly dismissed. Ed. This Case is also Reported in: VI ADC (2010) 79, 16 MLR (AD) (2011) 442. ...... for declaration of their title to the land described in 2nd schedule which is part of 1st schedule land, by inheritance and by amicable partition with defendant Nos. 41 to 135. 3. Case of the plaintiff respondents, inter alia, is that the land of the 1st schedule appertaining to 2514/531. Th..Category: Property Law | Date: | Hits: 33
Shamsun Nahar Vs. Khairunnessa Sadiq and others, 2009, 38 CLC (AD)
....owed. The judgment of the High Court Division is set aside and those of the appellate court are restored without any order as to cost. Ed. This Case is also Reported in: VI ADC (2010) 72. ...... Ruhul Amin CJ Md. Tafazzul Islam J Md. Abdul Matin J Md. Abdul Aziz J Shamsun Nahar .....................................Appellant Vs. Khairunnessa Sadiq and others...............Respondents Judgment May 6, 2009. Lawyers Involved: ......owed. The judgment of the High Court Division is set aside and those of the appellate court are restored without any order as to cost. Ed. This Case is also Reported in: VI ADC (2010) 72. ......e judgment and decree dated 30.9.1989 of the learned Assistant Judge, Second Court, Dhaka in Title Suit No.892 of 1985 decreeing the suit. 2. The facts, in short, are that the respondents as plaintiffs filed Title Suit No.892 of 1985 in the Court of learned Assistant Judge, Second Court, Dh..Category: Property Law | Date: | Hits: 33
Abdus Samad Sheikh and another Vs. Khaleda Begum and others, 2009, 38 CLC (AD)
....onal application. We find no substance in this leave petition which is accordingly dismissed with the above observation. Ed. This Case is also Reported in: 11 BLC (AD) (2006) 24. ......Supreme Court Appellate Division (Civil) Present: MM Ruhul Amin CJ Md. Tafazzul Islam J Md. Abdul Matin J Md. Abdul Aziz J Abdus Samad Sheikh and another………………….Petitioners Vs. Khaleda Begum and others...................onal application. We find no substance in this leave petition which is accordingly dismissed with the above observation. Ed. This Case is also Reported in: 11 BLC (AD) (2006) 24. ...... the application and affirming the order dated 24-7-2008 passed by the learned Joint District Judge, 1st Court, Barisal in Money Suit No. 3 of 2006 allowing the application for auditing the income of plaintiff industry. 2. The facts, in short, are that the plaintiff in order to set up an indu..Category: Others | Date: | Hits: 94
....trument in line with the Nitimala 2001.
53. Both the appeals are accordingly dismissed without any order as to costs.
This Case is also Reported in: 15 MLR (AD) (2009) 41; VII (ADC) (2010) 91.
......Present:
Md. Tafazzul Islam J
Md. Joynul Abedin J
Md. Abdul Matin J
Md. Abdul Aziz J
ABM Khairul Haque J
Md. Muzammel Hossain J
Surendra Kumar Sinha J
Government of Bangladesh and others ........Appellants (In Civil Appeal No.111 of 2008).
Kazi Habibul Awal............Appe......trument in line with the Nitimala 2001.
53. Both the appeals are accordingly dismissed without any order as to costs.
This Case is also Reported in: 15 MLR (AD) (2009) 41; VII (ADC) (2010) 91.
....... Such a somersault on the part of the appellants is highly disapproved and deprecated. It is to be noted that in a proceeding where Government is sued or Government sues the authority to be named as plaintiff or defendant or petitioner or appellant or respondent is "Bangladesh" as per provision of ..
Category: Constitutional Law | Date: | Hits: 207
Nurul Islam and others Vs. Lal Miah & another, 2004, 33 CLC (AD)
....ent of the material on record and we find no cogent reason to interfere with the same. Accordingly, this petition is dismissed. Ed. This Case is also Reported in: 15 MLR (AD) (2010) 17. ......ported in: 15 MLR (AD) (2010) 17. ......ent of the material on record and we find no cogent reason to interfere with the same. Accordingly, this petition is dismissed. Ed. This Case is also Reported in: 15 MLR (AD) (2010) 17. ......cted against the judgment and order dated 14.07.1999 passed by a Single Bench of the High Court Division in Civil Revision No.2052 of 1996 making the Rule absolute. 2. Short facts are that the plaintiffs instituted Title Suit No.85 of 1992 for declaration that the two saf kabala deeds describ..Category: Property Law | Date: | Hits: 34
....e for declaration that the settlement deed described in schedule 'B' is not binding on the plaintiffs.
This Case is also Reported in: 15 MLR (AD) (2010) 1; VII (ADC) (2010) 113; 7 LG (AD) 2010, 5.
......(ADC) (2010) 113; 7 LG (AD) 2010, 5.
......e for declaration that the settlement deed described in schedule 'B' is not binding on the plaintiffs.
This Case is also Reported in: 15 MLR (AD) (2010) 1; VII (ADC) (2010) 113; 7 LG (AD) 2010, 5.
......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 Civil Appeal. No. 8 of 2005 i.e. Mohiuddin Khan and another as plaintiff filed the above Title Suit No.16 of 1992 on 06.02.1992 against the heirs of Shihamul Haque..
Category: Property Law | Date: | Hits: 43
M/S. R.M. Salt Crushing Industries Vs. Sonali Bank, Cox's Bazar Branch & others, 2009, 38 CLC (AD)
....urisdiction. There is no illegality in the impugned judgment and order. Accordingly, the leave petition is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 1012. ......Advocate, instructed by Aftab Hossain, Advocate-on-Record-For the Petitioner. Not represented-Respondents Civil Petition for Leave to Appeal No. 515 of 2008. (From the judgment and order dated 20.11.2007 passed by the High Court Division in Writ Petition No.4219 of 2005.) ......urisdiction. There is no illegality in the impugned judgment and order. Accordingly, the leave petition is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 1012. ......contested the suit by filing written statement asserting, amongst others, that it suffered loss due to devastating cyclone of 1997 and accordingly prayed for exemption of interest and that the plaintiff bank considered the prayer favourably and allowed exemption of a portion of the accr..Category: Civil Law | Date: | Hits: 136
Fazle Elahi Sharfuzzaman Vs. Surujit Bose (Raju) and others, 2009, 38 CLC (AD)
....the above, we find in substance on the submissions of the learned Advocate for the petitioner. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 1009....... Mohammad Fazlul Karim J Md. Tafazzul Islam J Md. Joynul Abedin J Md. Abdul Matin J Fazle Elahi Sharfuzzaman…………………………….Petitioner Vs. Surujit Bose (Raju) and others………………......Respondents Judgment March 3, 2009. Lawyers Involved: ......the above, we find in substance on the submissions of the learned Advocate for the petitioner. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 1009.......No.1537 of 1929 for declaration of title and recovery of khas possession so far it relates to C.S. Plot No.94. That suit was dismissed on contest on 23, 03.1931 but the findings were in favour of the plaintiff as regards to C.S. Dag No. 65. The trial Court observed that plaintiff purchased some land..Category: Tenancy Law | Date: | Hits: 214
A. Hakim Gazi and others Vs. Gazi Safiqul Islam and others, 2009, 38 CLC (AD)
....ved at a correct decision. We therefore fined on reason to interfere with the same. The petition is accordingly dismissed. Ed. This Case is also Reported in: VI ADC (2009)1006. ......I ADC (2009)1006. ......ved at a correct decision. We therefore fined on reason to interfere with the same. The petition is accordingly dismissed. Ed. This Case is also Reported in: VI ADC (2009)1006. ......udgment and decree dated 30.12.1978 passed by the learned Assistant Judge, Second Court, Khulna in Title Suit No.139 of 1973 decreeing the suit. 2. The short fact is that the respondents as plaintiffs instituted Title Suit No.139 of 1973 in the Second Court of Munsif, Khulna for declarati..Category: Property Law | Date: | Hits: 138
Md. Enamul Huq and others Vs. Bijoy Chandra Khasnabish and others, 2008, 37 CLC (AD)
....refore find no reason to interfere with the same. The petition is accordingly dismissed upon condonation of delay. Ed. This Case is also Reported in: VI ADC (2009)1003, 16 MLR (AD) (2011) 454.......rted in: VI ADC (2009)1003, 16 MLR (AD) (2011) 454.......refore find no reason to interfere with the same. The petition is accordingly dismissed upon condonation of delay. Ed. This Case is also Reported in: VI ADC (2009)1003, 16 MLR (AD) (2011) 454.......ouza Moillakanda, Thana-Gouripur, District-Mymensingh belonged to defendant No.1, Krishan Lal Agarwala. The defendant No.1 entered into an agreement for sale of the said land on 05.07.1970 with the plaintiff at a consideration of Tk. 75,000/- out of which Tk. 50,000/- was paid by him as earnest mo..Category: Limitation Law | Date: | Hits: 255
Abul Hossain and another Vs. Hazi Md. Rezaul Karim and others, 2009, 38 CLC (AD)
....bsp; Accordingly, the petition is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 1000. ......C (2009) 1000. ......bsp; Accordingly, the petition is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 1000. ......inst the judgment and order dated 15.12.2005 passed by the High Court Division in Civil Revision No.251 (P.M.) of 2005 discharging the Rule. 2. The facts of the case, in short, are that the plaintiff-petitioners instituted Other Suit No. 334 of 2004 in the Court of Assistant Judge, Chakar..Category: Property Law | Date: | Hits: 88
Rada Rani Nath and another Vs. Niranajan Dutta and others, 2009, 38 CLC (AD)
....no substance in the submissions of the learned Advocate for the petitioner. Accordingly, the petitions are dismissed. Ed. This Case is also Reported in: VI ADC (2009) 996. ...... Shah Abu Nayeem Mominur Rahman J Rada Rani Nath………………………Petitioner (In Civil Petition No. 641 of 2008) Rada Rani Nath and another…...Petitioner (In Civil Petition No. 642 of 2008) Vs. Niranajan Du......no substance in the submissions of the learned Advocate for the petitioner. Accordingly, the petitions are dismissed. Ed. This Case is also Reported in: VI ADC (2009) 996. ......996 decreeing the suit. 2. The facts of the cases, in short, are that Babu Shailendra Kumar Purkayestha and Nogendra Kumar Purkayestha were mirasdars and owners of the suit land and the plaintiff took jote settlement of the suit land from them before the commencement of the State Acqu..Category: Property Law | Date: | Hits: 132
Azam Khan Vs. Ataur Rahman and others, 2009, 38 CLC (AD)
....ffers from no illegality and calls for no interference. Accordingly, the application for leave to appeal is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 991. ......eem Mominur Rahman J Azam Khan……………………………………….Petitioner Vs. Ataur Rahman and others….............Respondents Judgment May 10, 2009. Lawyers Invol......ffers from no illegality and calls for no interference. Accordingly, the application for leave to appeal is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 991. ...... 3. The respondent Nos.1 and 2 hereof, are the plaintiffs in Title Suit No.54 of 1993 filed in the Court of Assistant Judge, Bishwanath, Sylhet, a..Category: Property Law | Date: | Hits: 158
Majeda Khatun and others Vs. Jiban Nessa and others, 2009, 38 CLC (AD)
....al court as well as the appellate court below are hereby restored. The appeal is accordingly allowed without any order as to costs. Ed. This Case is also Reported in:62 DLR (AD) (2010) 239. ...... Reported in:62 DLR (AD) (2010) 239. ......al court as well as the appellate court below are hereby restored. The appeal is accordingly allowed without any order as to costs. Ed. This Case is also Reported in:62 DLR (AD) (2010) 239. ......36 of 2003. (From the judgment and order dated 18.2.2002 passed by the High Court Division in Civil Revision No.1788 of 1997.) Judgment Md. Joynul Abedin J.-This appeal by leave by the plaintiffs is directed against the judgment and order dated 18.02.2002 passed by the High Court Divi..Category: Procedural Law | Date: | Hits: 105
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