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Ujjal Rani Banik and others Vs. Sree Krishna Chandra Banik and others, 2008, 37 CLC (AD)

....ubmissions of the learned Advocate for the petitioner deserve no consideration. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: 17 BLT (AD) (2009) 303. ......(AD) (2009) 303. ......ubmissions of the learned Advocate for the petitioner deserve no consideration. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: 17 BLT (AD) (2009) 303. ......imed the property and he alone also did not possess the same. Balram as the elder brother and Karta of the joint family purchased the land in his name out of the income of joint property; that the plaintiff purchased 0.03 acre land from suit S.A. Khatian No. 1997 by registered kabala dated 15.12..

Category: Property Law | Date: | Hits: 99

Md. Rafique and another Vs. Md. Musa and others, 2007, 36 CLC (AD)

.... substance in the submissions of the learned Counsel for the petitioner. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: 17 BLT (AD) (2009) 228. ......7 BLT (AD) (2009) 228. ...... substance in the submissions of the learned Counsel for the petitioner. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: 17 BLT (AD) (2009) 228. ...... dated 28.08.1995 passed by the learned Senior Assistant Judge, 1st Court, Patiya, Chittagong in Other Class Suit No. 14 of 1981 decreeing the same. 2. The respondent Nos.1-3 and another as plaintiffs on 06.02.1981 instituted Other Class Suit No.14 of 1981 in the Court of learned Assistan..

Category: Property Law | Date: | Hits: 92

Sakat Ali Gazi and others Vs. Mr. Abdur Razzaque and others, 2009, 38 CLC (AD)

....l. 9. Therefore, we find no substance in these leave-petitions and accordingly both the petitions are hereby dismissed. Ed. This Case is also Reported in: 17 BLT (AD) (2009) 219. ....... ......l. 9. Therefore, we find no substance in these leave-petitions and accordingly both the petitions are hereby dismissed. Ed. This Case is also Reported in: 17 BLT (AD) (2009) 219. ......d common questions of law being involved in both petitions, the same are disposed of by this judgment. 3. The facts, leading to these petitions, in short, are that the respondent Nos.1-3 as plaintiffs filed Title Suit No.179 of 1993 in the Court of the Senior Assistant Judge, Sadar, Jesso..

Category: Property Law | Date: | Hits: 90

Chairman, Mymensingh Pourashava, Mymensingh Vs. Kasimonnessa Bewa and others, 2009, 38 CLC (AD)

....ns of the learned Advocate for the petition but find no substance. The leave-petition is accordingly dismissed having no merit. Ed. This Case is also Reported in: 17 BLT (AD) (2009) 206. ...... Md. Abdul Matin J Md. Abdul Aziz J Chairman, Mymensingh Pourashava, Mymensingh………………....Petitioner Vs. Kasimonnessa Bewa and others……………………......Respondents J......ns of the learned Advocate for the petition but find no substance. The leave-petition is accordingly dismissed having no merit. Ed. This Case is also Reported in: 17 BLT (AD) (2009) 206. ......ubordinate Judge (now Joint District Judge), 1st Court, Mymensingh in Miscellaneous Case No. 123 of 1993 dismissing the same. 2. Facts of the case, in short, are that, the predecessor of the plaintiff-respondent instituted Title Suit No. 71 of 1983 before the learned Subordinate Judge (now..

Category: Procedural Law | Date: | Hits: 143

Country Director, World Bank Vs. Ismat Zerin Khan, 2009, 38 CLC (AD)

.... at a correct decision. We, therefore, find no reason to interfere with the same. The petition in accordingly dismissed. Ed. This case is also Reported in: 18 BLT (AD) (2010) 1. ......ivision (Civil) Present: Mohammad Fazlul Karim J Md. Joynul Abedin J Shah Abu Nayeem Mominur Rahman J Country Director, International Bank of Reconstruction and Development (known as World Bank) …………………&helli...... at a correct decision. We, therefore, find no reason to interfere with the same. The petition in accordingly dismissed. Ed. This case is also Reported in: 18 BLT (AD) (2010) 1. ......ppeal has arisen out of the judgment and order dated 5.6.2008 passed by a Single Bench of the High Court Division in Civil Revision No.1431 of 2008 discharging the rule. 2. The respondent as plaintiff filed Title Suit No. 225 of 2001 in the First Court of Assistant Judge, Dhaka and it was..

Category: Employment/Service Law | Date: | Hits: 104

Abdur Rahman Chowdhury Vs. Mst. Nurjahan Chowdhury and others, 2001, 30 CLC (AD)

....e delay. Security of Tk.1000/- is to be deposited within one month. Preparation of paper book is dispensed with as prayed for. Ed. This Case is also Reported in: ...... Amin Choudhury CJ Mainur Reza Chowdhury J Md. Ruhul Amin J Mohammad Fazlul Karim J Abdur Rahman Chowdhury……..Petitioner Vs. Mst. Nurjahan Chowdhury and others……..Respondents Judgment May 22, 2001. Lawyers Involve......e delay. Security of Tk.1000/- is to be deposited within one month. Preparation of paper book is dispensed with as prayed for. Ed. This Case is also Reported in: ......at Wasiatnama dated 1.11.1962 and settlement nama dated 6.11.1968 executed by Abdul Hakim Chowdhury in favour of defendant Nos.1-3 and defendant No.10 respectively are void and not binding upon the plaintiff, has sought leave against the judgment and decree dated 6th of December, 1994 of the Hig..

Category: Property Law | Date: | Hits: 97

M/S. United Leather International Vs. Artha Rin Adalat and others, 2009, 38 CLC (AD)

.... interference. We do not find any merit in this leave petition. Accordingly, the petition for leave to appeal is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 978. ......bsp;     Md. Joynul Abedin J Shah Abu Nayeem Mominur Rahman J M/S. United Leather International….........Petitioner Vs. Artha Rin Adalat and others.......Respondents Judgment          ...... interference. We do not find any merit in this leave petition. Accordingly, the petition for leave to appeal is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 978. ......ce of the pledged goods and thereby to fix the actual claim amount in the suit. 3. The respondent-bank filed Title Suit No. 531 of 2003 for realization of its out­standing dues from the plaintiffs, of which the leave petitioner hereof is the plaintiff No.1 in the suit, amounting to Tk..

Category: Civil Law | Date: | Hits: 152

Sonali Bank, Sadarghat Corporate Branch, Dhaka Vs. Mrs. Hazera Islam and others, 2009, 38 CLC (AD)

....­ingly the appeal is allowed and the judgment and order of the High Court Division are set aside without any order as to cost. Ed. This Case is also Reported in: VI ADC (2009) 975. ...... Present: MM Ruhul Amin CJ Md. Abdul Matin J Md. Abdul Aziz J Sonali Bank, Sadarghat Corporate Branch, Dhaka.............Appellant Vs. Mrs. Hazera Islam and others........Respondents Judgment         ......­ingly the appeal is allowed and the judgment and order of the High Court Division are set aside without any order as to cost. Ed. This Case is also Reported in: VI ADC (2009) 975. ......he judgment and summary order and observation of the High Court Division is misconceived and barred by Section 5(4) of the Artha Rin Adalat Ain, 2003 as the decree of foreclosure in favour of the plaintiff has been issued under Section 5(3) of the Artha Rin Adalat Ain and the decree attained..

Category: Property Law | Date: | Hits: 106

Md. Azizul Hoque Vs. Md. Aftabuddin and others, 2009, 38 CLC (AD)

....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: VI ADC (2009) 971. ...... Mohammad Fazlul Karim J Md. Tafazzul Islam J Md. Joynul Abedin J Md. Abdul Matin J Md. Azizul Hoque.................Petitioner Vs. Md. Aftabuddin and others..................Respondents Judgment       &nb......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: VI ADC (2009) 971. ...... cancellation of his appoint­ment as Assistant Head Master of Khabashpur Labonya Prova High School is illegal, void, collusive and not binding upon him. The short fact of the cases is that the plaintiff joined the said school on 13.5.1996 as Assistant Teacher (Agriculture) and thereafter on ..

Category: Employment/Service Law | Date: | Hits: 106

Most. Rokeya Begum Vs. Dr. Md. Golam Kibria, 2008, 37 CLC (AD)

....and its author was not exam­ined before the Court. We find no merit in these petitions which are accordingly dismissed. Ed. This Case is also Reported in: VI ADC (2009) 968. ......cate-on-Record-For the Respondent (In Civil Petition No. 354 of 2007). Not represented-The Respondent (In Civil Petition No. 514 of 2007). Civil Petition for Leave to Appeal Nos. 354 and 514 of 2007. (From the judgment and order dated 08.01.2002 passed by the High Court Divi......and its author was not exam­ined before the Court. We find no merit in these petitions which are accordingly dismissed. Ed. This Case is also Reported in: VI ADC (2009) 968. ......nd order dated 08.01.2002 passed by the High Court Division in Civil Revision Nos. 1214 and 1213 of 1994 making the Rule absolute. 2. The facts, in short, are that the present petitioner as plaintiff filed other Class Suit No.118 of 1989 which was renumbered as other Class Suit No. 53 of ..

Category: Property Law | Date: | Hits: 87

Bangladesh Power Development Board & ors Vs. M/s. Arab Contractor, (BD) Ltd & ors, 2009, 38 CLC (AD)

....rbitration Act, 2001 on the basis of bank papers. We find no substance in these petitions which are accordingly dismissed. Ed. This Case is also Reported in: VI ADC (2009) 952. ......9) 952. ......rbitration Act, 2001 on the basis of bank papers. We find no substance in these petitions which are accordingly dismissed. Ed. This Case is also Reported in: VI ADC (2009) 952. ...... or indirect, and in all cases the means available for remedying he incon­veniences occasioned by the breach must be taken into account. 25. The section therefore contemplates that a plaintiff may recover for the breach of contract, compensation for only such loss or damage as flow..

Category: Alternative Dispute Resolution | Date: | Hits: 344

Sreemati Priti Rani Chakraborty and others Vs. J.M. Sen Institute, 2006, 35 CLC (AD)

.... made hereinabove we find no merit in the appeal. Accordingly the appeal is dismissed. There is no order as to costs. Ed. This Case is also Reported in: VI ADC (2009) 945. ......ohammad Fazlul Karim J                   Md. Tafazzul Islam J Sreemati Priti Rani Chakraborty and others……………...Appellants Vs. J.M. Sen Institut...... made hereinabove we find no merit in the appeal. Accordingly the appeal is dismissed. There is no order as to costs. Ed. This Case is also Reported in: VI ADC (2009) 945. ......ants predecessor, that later on in 1965 Abdul Majid Dobhash executed a deed of gift in favour of the defendants predecessor that the P.S. record was pre­pared in the name of the defendants that plaintiff has no right, title and interest in the land in suit and as such the suit is liable to be..

Category: Property Law | Date: | Hits: 82

Md. Serajul Islam alias Tuku Vs. Most. Shahid Khatun and others, 2008, 37 CLC (AD)

....ere is no illegality or infir­mity in the above decision so as to call for any interference. The petition is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 942. ......bsp;  Md. Tafazzul Islam J Md. Joynul Abedin J Md. Abdul Matin J Md. Serajul Islam alias Tuku......................Petitioner Vs. Most. Shahid Khatun and others…........Respondents Judgment        ......ere is no illegality or infir­mity in the above decision so as to call for any interference. The petition is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 942. ......1 affirming those of dated 21.07.1991 of the learned Assistant Judge, Court No.2, Bogra in Other Class Suit No. 44 of 1986 decreeing the suit. 2. Brief facts are that Mrs. Jabeda Khatun, as plaintiff, instituted the above suit seeking declaration that the execution and reg­istration o..

Category: Property Law | Date: | Hits: 87

Ahmed Hossain Khan Vs. Mosammat Hamida Begum Chowdhury and another, 2007, 36 CLC (AD)

.... discussion made hereinabove we find merit in the appeal. Accordingly the appeal is allowed without any order as to costs. Ed. This Case is also Reported in: VI ADC (2009) 901. ...... Md. Tafazzul Islam J Md. Hassan Ameen J Ahmed Hossain Khan…......................................................Appellant Vs. Mosammat Hamida Begum Chowdhury and another…..........Respondents Judgment April 5, 2007. Lawyers Invo...... discussion made hereinabove we find merit in the appeal. Accordingly the appeal is allowed without any order as to costs. Ed. This Case is also Reported in: VI ADC (2009) 901. ......ka in decreeing the same and thereby directing the defendant No.1 to execute and register the sale deed in respect of the property described in the schedule attached to the plaint in favour of the plaintiff on receipt of the balance of the consideration money within 30 days. The trial Court also..

Category: Property Law | Date: | Hits: 100

M/S M.M. Steel Mills Ltd & anr Vs. Judge, First Artha Rin Adalat, Ctg & anr, 2009, 38 CLC (AD)

....dance with law and therefore no interference is called for. Accordingly, the application for leave to appeal is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 875. ...... Court Appellate Division (Civil) Present: Mohammad Fazlul Karim J Md. Joynul Abedin J Shah Abu Nayeem Mominur Rahman J M/S M.M. Steel Mills Limited and another….............Petitioners Vs. The Judge, First Artha Rin Adalat, Ch......dance with law and therefore no interference is called for. Accordingly, the application for leave to appeal is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 875. ......it peti­tioner's application filed under Sections 28 and 29 of the Artha Rin Adalat Ain, 2003 for dismissing the Execution Case on the ground of limitation. 3. The Islami Bank Limited as plaintiff filed Artha Rin Suit No.02 of 2005 in the Artha Rin Adalat, Chittagong, against the defen..

Category: Civil Law | Date: | Hits: 99

Abdul Mannan and others Vs. Borhan Uddin Chowdhury and others, 2009, 38 CLC (AD)

....ved 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: VI ADC (2009) 862. ......62. ......ved 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: VI ADC (2009) 862. ......y;ment and order dated 25.3.2008 passed by a Single Bench of the High Court Division in Civil Revision No.6533 of 2002 making the rule absolute. 2. The short fact is that the respondents as plaintiffs instituted Title Suit No.42 of 1983 before the learned Assistant Judge, Fenchugonj, Sylh..

Category: Property Law | Date: | Hits: 41

Gopal Chandra Vs. Mitali Rani Chandra, 2009, 38 CLC (AD)

....;ference. 10. In such view of the matter, we find no substance in the leave petition and the same is dismissed accordingly. Ed. This Case is also Reported in: VI ADC (2009) 856. ....... This Case is also Reported in: VI ADC (2009) 856. ......;ference. 10. In such view of the matter, we find no substance in the leave petition and the same is dismissed accordingly. Ed. This Case is also Reported in: VI ADC (2009) 856. ...... Moulvibazar in Family Suit No. 19 of 1999 decreeing the suit for maintenance. 2. Plaintiffs case as placed before the High Court Division, in a nutshell, is that defendant No.1 married the plaintiff on 01.10.1992 according to Hindu Law and the marriage was consummated and after some days..

Category: Criminal Law | Date: | Hits: 75

Hatirdia Rajiuddin College Vs. Abdul Barik and others, 2009, 38 CLC (AD)

....shy;late court and restored that of the trial court. We find no substance in this petition which is accordingly dismissed. Ed. This Case is also Reported in: VI ADC (2009) 854. ......Rajiuddin College represent­ed by the Secretary, Hatirdia Rajiuddin College, Managing Committee, Police Station-Monohardi, District-Narsingdi ..........Petitioner Vs. Abdul Barik and others ..........................................Respondents Judgment February 17,......shy;late court and restored that of the trial court. We find no substance in this petition which is accordingly dismissed. Ed. This Case is also Reported in: VI ADC (2009) 854. ......ior Assistant Judge, Monohardi, Narsingdi in Title Suit No.02 of 2000 decreeing the suit. 2. The short facts giving rise to the present petition are as under:- The respondent No.1 as plaintiff filed Title Suit No.02 of 2000 in the Court of the learned Assistant Judge, Monohardi, N..

Category: Property Law | Date: | Hits: 32

Moulvi Abdul Wadud Chowdhury Vs. Abdul Motaleb Chowdhury and others, 2009, 38 CLC (AD)

....in the impugned judgments. Accordingly, all the applications for leave to appeal being CPLA Nos. 513, 517 and 518 of 2008 are dismissed. Ed. This Case is also Reported in: VI ADC (2009) 850. ......esent: Mohammad Fazlul Karim J Md. Joynul Abedin J Shah Abu Nayeem Mominur Rahman J Moulvi Abdul Wadud Chowdhury ...........Petitioner (In all the cases) Vs. Abdul Motaleb Chowdhury and others..........Respondents (In all the cases) Judgment March 15, 2009. Lawyers Involve......in the impugned judgments. Accordingly, all the applications for leave to appeal being CPLA Nos. 513, 517 and 518 of 2008 are dismissed. Ed. This Case is also Reported in: VI ADC (2009) 850. ......tal lands sold vide said three sale deeds was 0.80 acres. The petitioner came to know about the sales definitely after obtaining the cer­tified copy of the sale deeds on 24.1.1983 and 13.1.1983. The plaintiff deposited Tk.1000/- for each case for pre-emption being the deed value plus the compensa­..

Category: Property Law | Date: | Hits: 33

Surendra Mohan Bandayapadhya Vs. Lalit Mohan Das, 2009, 38 CLC (AD)

....onsideration on the facts and evi­dences on record. Accordingly, the application for leave to appeal is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 825. ...... ......onsideration on the facts and evi­dences on record. Accordingly, the application for leave to appeal is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 825. ......d 23.04.2008 passed by the High Court Division in Second Appeal No. 435 of 1971.) Judgment       Shah Abu Nayeem Mominur Rahman J.- This leave petition of the plaintiff-petitioner is for leave to appeal against the judgment and decree dated 23.04.2008 passed..

Category: Property Law | Date: | Hits: 38