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Janab Ali (Md.) and another Vs. Salema Khatun and others, 2009, 38 CLC (AD)
....03. Thus, we do not find any merit in the application. Accordingly, the application for leave to appeal is dismissed. Ed. This Case is also Reported in: 61 DLR (AD) (2009) 122. ......(AD) (2009) 122. ......03. Thus, we do not find any merit in the application. Accordingly, the application for leave to appeal is dismissed. Ed. This Case is also Reported in: 61 DLR (AD) (2009) 122. ....... 3. The trial Court framed as many as 8 issues, namely: 1. Is the case maintainable in its present form? 2. Is the case filed within limitation? 3. Is the plaintiff a co-sharer in the case jote? 4. Is the case bad for defect of parties? ..Category: Property Law | Date: | Hits: 38
Saleh Ahmed and others Vs. Amena Bewa and others, 2008, 37 CLC (AD)
....to inherent power of the court for rejecting plaint. We find no merit in this petition which is accordingly dismissed. Ed. This Case is also Reported in: VI ADC (2009) 695. ......in: VI ADC (2009) 695. ......to inherent power of the court for rejecting plaint. We find no merit in this petition which is accordingly dismissed. Ed. This Case is also Reported in: VI ADC (2009) 695. ...... Judge, Rangpur, affirming those dated 29.06.1997 passed in Other Suit No.50 of 1996 by the learned Senior Assistant Judge, Rangpur. 2. The facts, in short, are that the respondents as plaintiffs instituted Other Class Suit No. 50 of 1996 in the Court of the learned Senior Assistant ..Category: Civil Law | Date: | Hits: 94
Bashudev Ghosh & ors Vs. Iswar Sree Sree Bashudev Shalgram Shola Jew Bigrah & ors, 2009, 38 CLC (AD)
.... petitions being Civil Petition for leave to Appeal No. 878 of 2008 and civil petition for leave to Appeal No. 879 of 2008 are dismissed. Ed. This Case is also Reported in: VI ADC (2009) 680. ......so Reported in: VI ADC (2009) 680. ...... petitions being Civil Petition for leave to Appeal No. 878 of 2008 and civil petition for leave to Appeal No. 879 of 2008 are dismissed. Ed. This Case is also Reported in: VI ADC (2009) 680. ......t for eviction and that the finding of the High court Division as to bona fide requirement is against the materials on record and that the High Court Division erred in law in not considering that the plaintiff is to prove his case and he cannot get a decree on the weakness of the defendants and that..Category: Tenancy Law | Date: | Hits: 145
Saheb Ali Dewan Vs. Md. Zahirul Hoque Dewan, 2009, 38 CLC (AD)
....e materials on record. 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) 684. ......nvolved: Md. Aftab Hossain, Advocate-on-Record-For the Petitioner. Not Represented-the Respondent. Civil Petition for Leave to Appeal No. 883 of 2008. (From the judgment and order dated 10.3.2008 passed by the High Court Division in Civil Revision No. 1079 of 2008) ......e materials on record. 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) 684. ......Appeal No.133 of 2002 and also the judgment and decree dated 29.4.2002 passed by the learned Assistant Judge, Manikganj decreeing the suit in Title Suit No.128 of 2000. 2. The respondent as plaintiff instituted Title No.128 of 2000 in the court of the Assistant Judge, Manikganj against th..Category: Property Law | Date: | Hits: 29
Gour Chandra Majhi Vs. Shusen Kumar Mondal and others, 2009, 38 CLC (AD)
.... judgment and order passed by the High Court Division. Accordingly, the application for leave to appeal is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 676. ...... is also Reported in: VI ADC (2009) 676. ...... judgment and order passed by the High Court Division. Accordingly, the application for leave to appeal is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 676. ......ng aside the judgment and decree dated 22.11.1989 passed in Title Suit No. 26 of 1987 by the learned Assistant Judge, Chittalmari, Bagerhat, dismissing the suit. 3. The petitioner hereof as plaintiff filed the suit for declaration and injunction to the effect that the order dated 31.03.19..Category: Property Law | Date: | Hits: 54
Indrajit Dutta Vs. Baidhya Nath Banarjee and others, 2009, 38 CLC (AD)
....the judgment and decree of the appellate court. We find no substance in this petition which is accordingly dismissed. Ed. This Case is also Reported in: VI ADC (2009) 674. ......rajit Dutta……………………………………………Petitioners Vs. Baidhya Nath Banarjee and others .........Respondents Judgment April 22, 2009. Lawyers Involved: ......the judgment and decree of the appellate court. We find no substance in this petition which is accordingly dismissed. Ed. This Case is also Reported in: VI ADC (2009) 674. ...... directed against the judgment dated 10.09.2007 passed by the High Court Division in Civil Revision No. 2756 of 1995 discharging the Rule. 2. The facts, in short, are that the respondents as plaintiff’s instituted title Suit No.141 of 1983 before the First Court of Munsif, Bangerhat ..Category: Property Law | Date: | Hits: 28
Abdus Sattar Mollah Vs. Abdul Malek Mollah and others, 2009, 38 CLC (AD)
....find no substance in the submission of the learned Counsel for the petitioner. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 671. ...... Md. Joynul Abedin J Abdus Sattar Mollah………………………………..Petitioner Vs. Abdul Malek Mollah and others ...............Respondents Judgment February 5, 2009. Lawyers Invol......find no substance in the submission of the learned Counsel for the petitioner. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 671. ......f the aforesaid persons for the whole suit land. Thereafter, in 1359 B.S. the said present petitioner, who is lying thereto by constructing dwelling house thereon. But due to business purpose, the plaintiff does not stay at home. During the operation of the S.A. record, one Abdullah was entruste..Category: Property Law | Date: | Hits: 25
Md. Layek Khan and another Vs. Abdul Latif, 2009, 38 CLC (AD)
....evidence and materials on record we find no reason to disturb the same. Hence this leave petition is dismissed having no merit. Ed. This Case is also Reported in: VI ADC (2009) 668. ......ed in: VI ADC (2009) 668. ......evidence and materials on record we find no reason to disturb the same. Hence this leave petition is dismissed having no merit. Ed. This Case is also Reported in: VI ADC (2009) 668. ......Senior Assistant Judge, Sadar, Sylhet, in Small Cause Suit No.9 of 1999 decreeing the same. 2. Facts, as placed before the High Court Division, in short, are that the respondent as plaintiff instituted Small Cause Suit No.9 of 1999 in the Court of Senior Assistant Judge, Sadar, ..Category: Property Law | Date: | Hits: 57
Bangladesh Vs. Mariam Begum and others, 2009, 38 CLC (AD)
....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) 661, 63 DLR (AD) (2011) 122.......J Md. Joynul Abedin J Bangladesh represented by the Deputy Commissioner, Collectorate Building, Police Station Kotwali, Dist. Dhaka...........................Petitioner Vs. Mariam Begum and others……………………....Respondents Judgment February 4, 2009. Lawyers Involv......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) 661, 63 DLR (AD) (2011) 122....... khas possession of the suit land, on the averments that the suit land originally belonged to Abdul Ali, a purchaser from the C.S. recorded owner, and Rustom Ali, the predecessor in interest of the plaintiffs, by registered sale deed dated 16.9.1958 purchased the suit land from Abdul Ali and Rusta..Category: Property Law | Date: | Hits: 25
HRC Shipping Ltd. Vs. MV Lady Fatima and others, 2009, 38 CLC (AD)
.... substance in the submissions of the learned Advocate for the petitioner. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: 14 BLC (AD) (2009)115. ......d. Fazlul Karim J Md. Joynul Abedin J SAN Mominur Rahman J HRC Shipping Ltd.....................................Petitioner Vs. MV Lady Fatima and others....................Respondents Judgment March 9, 2009. Lawyers Invo...... substance in the submissions of the learned Advocate for the petitioner. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: 14 BLC (AD) (2009)115. ......y Fatima' dated 10-7-2007 passed by the High Court Division and for release of the vessels 'MV Dali' and 'MV Lady Fatima'. 2. The facts of the case, in short, are that the petitioner as the plaintiff filed an application for arrest of 'MV Lady Fatima' and 'MV Dali' berthed at Chittag..Category: Admiralty Law or Maritime Law | Date: | Hits: 513
James Finlay PLC and others Vs. Mahi Fish Processing Ltd. and others, 2009, 38 CLC (AD)
....tance in the submissions of the learned Advocate for the petitioners. Accordingly, the petitions are dismissed. Ed. This Case is also Reported in: 14 BLC (AD) (2009) 124. ...... Appellate Division (Civil) Present: Md Fazlul Karim J Md Joynul Abedin J SAN Mominur Rahman J Nippon Liner System, Care of James Finlay PLC and others.............Petitioners Vs. Mahi Fish Processing Ltd. and others ...............tance in the submissions of the learned Advocate for the petitioners. Accordingly, the petitions are dismissed. Ed. This Case is also Reported in: 14 BLC (AD) (2009) 124. ......ent and decree dated 31-8-1997 passed by the Subordinate Judge, 2nd Court, Chittagong in Money Suit No. 3 of 1992 decreeing the suit. 2. The facts alleged in the case, in short, are that the plaintiff as an exporter of frozen fish entered into an agreement with defendant No. 5 'Flag Import..Category: Business or Commercial Law | Date: | Hits: 178
Bangladesh and others Vs. Sirajuddin Khan, 2009, 38 CLC (AD)
.... Division upon correct assessment of the materials on record arrived at a correct decision. The petition is dismissed. Ed. This Case is also Reported in: 14 MLR (AD) (2009) 312. ......d in: 14 MLR (AD) (2009) 312. ...... Division upon correct assessment of the materials on record arrived at a correct decision. The petition is dismissed. Ed. This Case is also Reported in: 14 MLR (AD) (2009) 312. ......hereafter, pursuant to the said lease order, the writ petitioner on 28.8.2006 deposited Tk.10, 44,281.25/- towards the payment of installment of the premium in respect of the said lease. Later the plaintiff also paid Tk. 2,59,875.00/- towards the expenditure to be incurred on the stamp duty and ..Category: Property Law | Date: | Hits: 30
Md. Nurul Alam Miah and others Vs. Md. Idris Ali, 2009, 38 CLC (AD)
....ind no substance in the submissions of the learned Counsel for the petitioner. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 605. ......9) 605. ......ind no substance in the submissions of the learned Counsel for the petitioner. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 605. ......the Assistant Judge, 6th Court Dhaka in Title Execution Case No.4 of 2004 rejected the Application for appointment of advocate Commissioner. 2. The facts of the case, in short, are that the plaintiff instituted the Title Suit No. 253 of 1998 in the 6th Court of Assistant Judge, Dhaka impl..Category: Property Law | Date: | Hits: 33
Md. Shoukat Ali Howlader and others Vs. Nur Box Howlader and others, 2008, 37 CLC (AD)
....nd no substance in the submissions of the learned Advocate for the petitioner. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 604. ...... (Civil) Present: MM Ruhul Amin CJ Mohammad Fazlul Karim J Md. Tafazzul Islam J Md. Joynul Abedin J Md. Abdul Matin J Md. Shoukat Ali Howlader and others…....... Defendant-petitioners Vs. Nur Box Howlader and others&helli......nd no substance in the submissions of the learned Advocate for the petitioner. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 604. ......of 1998 setting aside those dated 26.02.1998 passed by the Assistant Judge, Muladi, Barisal in Title Suit No. 97 of 1985 decreeing the suit. 2. The facts of the case, in short, are that the plaintiffs filed Title Suit No. 97 of 1985 in the Court of Assistant Judge, Mulladi, Barisal for pa..Category: Property Law | Date: | Hits: 24
Chitta Ranjan Roy Vs. Dhirendra Nath Roy and others, 2008, 37 CLC (AD)
.... we find no substance in the submissions of the learned Advocate for the petitioner. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 600. ......nul Abedin J Md. Abdul Matin J Chitta Ranjan Roy……………………………Petitioner Vs. Dhirendra Nath Roy and others………………Respondents Judgment July 2...... we find no substance in the submissions of the learned Advocate for the petitioner. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 600. ...... namely, Debicharan, Bani Kanta Troilakshya Nath, Totaram, Baroda, Sarat Chandra and Satish Chandra. Among them Totaram died leaving four sons namely, Kalipada, Bhupen, Dhiren and the plaintiffs, Birendra and among them Dhiren died unmarried leaving there brothers and thus plai..Category: Property Law | Date: | Hits: 27
Abdul Gafur Vs. Mariom Bibi and others, 2009, 38 CLC (AD)
.... of fact has been affirmed by the High Court Division. We find no substance in this petition which is accordingly dismissed. Ed. This Case is also Reported in: VI ADC (2009) 591. ......d. Abdul Matin J Md. Abdul Aziz J Abdul Gafur being dead his heirs, Md. Mujibur Rahman………………….Petitioner Vs. Mariom Bibi and others…..................................Respondents Judgment March 12, 20...... of fact has been affirmed by the High Court Division. We find no substance in this petition which is accordingly dismissed. Ed. This Case is also Reported in: VI ADC (2009) 591. .......01.1996 passed by the learned Subordinate Judge, 1st Court, Brahmanbaria in Title Suit No.03 of 1993. 2. The facts, in short, are that the predecessor of the petitioner, Abdul Gafur as plaintiff instituted Title Suit No. 3 of 1993 impleading the principal respondent Nos.1-10 an..Category: Property Law | Date: | Hits: 25
Md. Yunus Vs. Abul Kalam others, 2009, 38 CLC (AD)
....ons of the learned Advocate for the petitioner and find no merit in the leave petition. The leave petition is thus dismissed. Ed. This Case is also Reported in: VI ADC (2009) 584. ......ed by A.K.M. Shahidul Huq, Advocate-on-Record-For Respondent No.1-4. Not represented-Respondent No. 5-26. Civil Petition for Leave to Appeal No. 382 of 2008. (From the judgment and order dated10.12.2007 passed by the high Court Division in Civil Revision No.42 of 2004.) ......ons of the learned Advocate for the petitioner and find no merit in the leave petition. The leave petition is thus dismissed. Ed. This Case is also Reported in: VI ADC (2009) 584. ......he Assistant Judge, Hathazari, Chittagong in Title Suit No.45 of 1996 granting an order of mandatory injunction. 2. Facts, in brief, are that one Abdur Rahman, father of respondent No.1-4 as plaintiffs instituted Title suit no. 45 of 1996 in the Court of Assistant Judge, hathazari, Chitta..Category: Property Law | Date: | Hits: 22
Abdul Halim and another Vs. Sheikh Abdullah and others, 2008, 37 CLC (AD)
....d no substance in the submissions of the learned Advocate for the petitioners. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 581. ......upreme Court Appellate Division (Civil) Present: MM Ruhul Amin CJ Mohammad Fazlul Karim J Md. Joynul Abedin J Md. Abdul Matin J Abdul Halim and another……………………………......d no substance in the submissions of the learned Advocate for the petitioners. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 581. ......he aforesaid Tahera Begum sold out 4 kathas of land to the proforma defendant No. 10 and 11 by 2 registered deeds of sale both dated 21.07.1980 and then she transferred 0.0826 acres of land to the plaintiffs by 4 registered deeds of sale dated 24.12.1980 and that Tahera Begum exhausted all her r..Category: Property Law | Date: | Hits: 30
Mahbubur Rahman Miah Vs. MA Kabir Chowdhury and others, 2009, 38 CLC (AD)
....Court Division upon correct assessment of the materials on record arrived at a correct decision. The petition is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 573. ......l Abedin J Mahbubur Rahman Miah……………………………………Petitioner Vs. MA Kabir Chowdhury and others………………...Respondents Judgment Janu......Court Division upon correct assessment of the materials on record arrived at a correct decision. The petition is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 573. ......ivil Revision No. 2 of 2005 affirming the order dated 30.9.2004 passed by the learned Joint District Judge, 1st Court, Chittagong in Other Execution Case No. 20 of 2003. The opposite party No.1 as plaintiff obtained a decree in Other Class Suit No. 101 of 1989 for declaration of title ..Category: Property Law | Date: | Hits: 25
Md. Ijal Uddin Munshi Vs. Mst. Rokeya Khatun and another, 2009, 38 CLC (AD)
....ned Advocate-on-Record for the petitioner is directed to file an affidavit-in-compliance of this order within the aforesaid period. Ed. This Case is also Reported in: VI ADC (2009) 571. ......sent: Mohammad Fazlul Karim J Md. Tafazzul Islam J Md. Joynul Abedin J Md. Ijal Uddin Munshi ………..Petitioner Vs. Mst. Rokeya Khatun and another……..Respondents Judgment January 19, 2009. Lawyers Inv......ned Advocate-on-Record for the petitioner is directed to file an affidavit-in-compliance of this order within the aforesaid period. Ed. This Case is also Reported in: VI ADC (2009) 571. ......hah in Family Suit No.17 of 2005 allowing the application for D.N.A. test of the plaintiffs and defendant filed by the plaintiffs. 2. The facts of the case, in short, are that the plaintiff filed Family Suit No.17 of 2005 before the Assistant Judge, Harinakundu on 26.05.2005 aga..Category: Family Law | Date: | Hits: 280
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