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

....at .17 acre of land of plot No. 254 was wrongly recorded in the name of Rajab Ali and Makshed Ali and against the said wrong recording the petitioner filed Title suit No. 256 of 1973 and the same was decreed ex parte; that regarding .21 acre of land of plot No. 243, Title Suit No. 690 of 1976 was fi......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. ..

Category: Property Law | Date: | Hits: 20

Md. Nurul Abedin Vs. Bangladesh, 2010, 39 CLC (AD)

.... kind of authorization whatsoever empowering the respondents for selling out the machineries; laboratory equipments, factory building allotted plots and other properties  straight way without having decree from court. Even the hire purchase deed itself does not empower respondents to sell those val......­tioner then auction sale proceeding may be dropped. Accordingly both the leave petitions are dismissed with above observation. Ed. This Case is also Reported in: VII ADC (2010) 301. ..

Category: Property Law | Date: | Hits: 29

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

....,30, 305.28 due as on 8.8.2007 with interest and other charges by sale of mort­gaged and hypothecated properties in favour of the bank. The suit was contested by the defendant-petitioners and it was decreed by the judgment and decree dated 2.3.2008. The judgment debtor-petitioners failed to repay t...... 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...

Category: Banking Law | Date: | Hits: 84

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

....iled against the judgment and order dated 13.1.2009 passed by a Single Bench of the High Court Division in Civil 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 pe......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. ..

Category: Property Law | Date: | Hits: 35

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

....f .35 acres of land of C.S. Khatian No. 20, S.A. Khatian No. 16, C.S. and S.A.  Plot No.14 of No. 193, Khanpur Mouza within Police Station-Fatullah, District-Narayangonj. 3. The said suit was decreed in preliminary form on 10th November, 2003 and the said decree was made final on 29th Februa...... 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. ..

Category: Property Law | Date: | Hits: 28

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

....ve to appeal has arisen against an order dated 5.8.2009 of a learned Single Judge of the High Court Division in Civil Revision No. 1776 of 2000 making the Rule absolute setting aside the judgment and decree of the appellate court in Title Appeal No. 188 of 1998 of the 1st Court of the Subordinate Ju......fe Fakimon Bibi, the mother of the plaintiffs; that before his death he transferred some properties measuring 1.23 acres of land on 12.01.1961 in favour of the mother of the plaintiffs in lieu of her dower, besides this he did not transfer any land to any body; that the defendants claimed land by tw..

Category: Property Law | Date: | Hits: 51

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

....e arose from the judgment and order dated 24.6.1999 passed by the High Court Division in Civil Revision No.1482 of 1996 making the rule absolute. The said Civil Revision arose out of the judgment and decree dated 29.07.1987 passed by the learned Subordinate Judge, (now Joint District Judge) Shariatp......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. ..

Category: Property Law | Date: | Hits: 26

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

....of the learned Subordinate Judge, 1st Court, Barisal in Title Suit No.33 of 1960. 2. Appellant instituted the suit for declara­tion of title to the suit lands and further declaration that the decree passed in Title Suit No.730 of 1962 to be void, fraudu­lent and not binding upon him. ......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. ..

Category: Property Law | Date: | Hits: 20

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

....als are directed against the common judgment and order dated 28-1-2002 passed by the High Court Division in First Appeal Nos.108 and 203 of 1995 dismissing the appeals and affirming the judgments and decrees dated 16-2-1995 passed by the learned Subordinate Judge, 1st Court, Gazipur in Title Suit No......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. ..

Category: Property Law | Date: | Hits: 29

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

....he Additional District Judge, 1st Court, Jhenaidah in Title Appeal No. 79 of 1996 affirming 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......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. ..

Category: Tenancy Law | Date: | Hits: 174

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

....the rule absolute. 2.  Respondent Nos.1-11 instituted Title Suit No.45 of 1992 in the Court of Senior Assistant Judge, Sadar, Rangpur against the petitioners for declaration that the ex parte decree passed in Other Class Suit No.199 of 1984 by the Assistant Judge, Kawnia Upazila is not bindi......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. ..

Category: Property Law | Date: | Hits: 18

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

....y and that they installed a Deity there but in fact in the suit property there was never any Deity; that the suit property is the paternal property of the defendant-appellants. 5. The suit was decreed by the learned Sub-Ordinate Judge, 4th Court, Dhaka on 28.10.1998. Being aggrieved by and di......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. ..

Category: Property Law | Date: | Hits: 29

S. M. Hossain and others Vs. Lahazuddin and others, 2009, 38 CLC (AD)

....ession of the suit premises in favour of plaintiffs/respondents father, that Md. Solaiman Chowdhury filed a rent suit against defendant No.1 being S.C.C. Suit No. 516 of 1953 and obtained an ex parte decree on 04.03.1954; that the suit proper­ty was sold in auction on 14.03.1955 in Money Execution ......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. ..

Category: Tenancy Law | Date: | Hits: 185

Dr. S. M. Eunus Ali, Free Friday Clinic Vs. Joint District Judge and Artha Rin Adalat, Second Court of Bagerhat and another, 2009, 38 CLC (AD)

....26 Rule 11 of the Code of Civil Procedure for Commissioner's to examine accounts and the Court below was pleased to reject the same on 25.07.2004. 4. The Court below by the impugned judg­ment decreed the suit for realization of Tk.47,89,412/- but on 14.08.2004 the plain­tiff bank filed an a......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. ..

Category: Others | Date: | Hits: 84

Director General of Food, 16 Abdul Goni Road, Dhaka-1000 Vs. Al-Falah Shipping Lines Limited and others, 2009, 38 CLC (AD)

.... and the accident occurred. Food Department held the carrier responsible and filed Suit No.48 of 1994 in the 3rd Commercial and Artha Rin Sub-Judge Chittagong demanding Tk. 66,39,572.70. The suit was decreed and the carrier was directed by the Court to make payment within 90 days. Food Department fi......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. ..

Category: Others | Date: | Hits: 356

Md. Nazrul Islam and another Vs. Secretary, Ministry of Public Works, the People's Republic of Bangladesh, 2009, 38 CLC (AD)

.... for leave to appeal is directed against the judgment and order dated 27.01.2009 passed by the High Court Division in First Appeal No. 114 of 1996 dismissing the appeal and affirming the judgment and decree dated 27.04.1996 passed by the learned Subordinate Judge, 2nd Court, Dhaka in Title Suit No.3......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. ..

Category: Property Law | Date: | Hits: 23

Kazi Ali Ahmed Vs. Mohammad Nurunnabi and others, 2009, 38 CLC (AD)

....h Abu Nayeem Mominur Rahman J.-This leave petition is arises out of judgment and order dated 5.3.2008 passed in Civil Revision No.1760 of 2006 of by the High Court Division affirming the judgment and decree dated 24.4.2006 passed in Title Appeal No. 173 of 2004 by the Joint District Judge, First Cou......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. ..

Category: Property Law | Date: | Hits: 37

Md. Basarat Ali Vs. Md. Abdul Mannan and others, 2008, 37 CLC (AD)

.... 11-146. Civil Appeal No. 274 of 2001. (From the judgment and order dated 20.01.1997 passed by the High Court Division summarily rejecting revisional application filed against the judgment and decree dated 27.10.1996 in Title Appeal No.37 of 1990.) Judgment Md. Abdul Matin J.- This app......erent ways. Said Jan Mahmud sold 1 kedar of land described in schedule to the written statement along with some other lands to his 2nd wife, Hariza Banu, in adjustment of part of demand of her prompt dower on 20th Jaishta, 1279 B.S. and delivered posses­sion to her. Subsequently on the death of sai..

Category: Property Law | Date: | Hits: 33

Shamsun Nahar Vs. Khairunnessa Sadiq and others, 2009, 38 CLC (AD)

....J. - This appeal is direct­ed against the judgment and order dated 27.3.2002 passed by the High Court Division in Civil Revision No. 4059 of 1999 making the Rule absolute, reversing the judgment and decree dated 15.6.1999 of the learned Additional District Judge, Court No.10, Dhaka in Title Appeal ......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. ..

Category: Property Law | Date: | Hits: 33

University of Dhaka and others Vs. Md. Jalal Uddin Chowdhury and others, 2009, 38 CLC (AD)

.... for the appellants. Accordingly, the appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: 62 DLR (AD) (2010) 222, VIII ADC (2011) 288, 16 MLR (AD) (2011) 129....... for the appellants. Accordingly, the appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: 62 DLR (AD) (2010) 222, VIII ADC (2011) 288, 16 MLR (AD) (2011) 129...

Category: Employment/Service Law | Date: | Hits: 68