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Khandakar (Md.) Shahjahan Vs. Md. Atiar Rahman Monshi & others, 2000, 29 CLC (HCD)

....has been occasioned. No authority could be placed from the side of petitioner in support of the contention raised. 5. Contentions pressed into service from the side of petitioner has been repelled for and on behalf of opposite party in bringing his strenuous arguments which are hereunder: (i) ......‘Rules’ framed under The Union Parishad (Election) Rules, 1983 and definitely not the Electoral Rolls, Rules 1982. 27. Sub-rule 5 of Rule 20 of the Electoral Rolls, Rules, 1982 states that no amendment or correction of Electoral Roll shall be made under this Rule at any time after the notice......act circumstances of the case I direct the parties to bear their respective costs. Lower Court’s record be sent immediately as possible. Ed. This Case is also Reported in: 53 DLR (2001) 275...

Category: Election Law | Date: | Hits: 89

Abdul Samad Gazi Vs. Abdul Khalil Gazi and others, 2000, 29 CLC (HCD)

....d decree dated 23-12-1985 (Decree drawn on 01-01-1986) passed by the Munsif, Upazila, Faridganj, in Title Suit No. 570 of 1984, should not be set aside. 2. The petitioner in this Case filed a suit for specific performance of contract of 25-05-1976 against the opposite party No.1 (defendant No.1) ...... Munsif is hereby affirmed. In the result, the Rule is made absolute but without any order as to cost. Send down the records forthwith. Ed. This Case is also Reported in: 53 DLR (2001) 262.......dvocate—For the Opposite Parties. Civil Revision No. 8839 of 1991. Judgment ABM Khairul Haque J.- This Rule under section 115 of the Code Civil Procedure was issued at the instance of the plaintiff-petitioner calling upon the defendant- opposite parties, to show cause as to why the judgm..

Category: Civil Law | Date: | Hits: 94

Dinesh Chandra Deb Vs. Dulal Chandra Karmakar and others, 2001, 30 CLC (HCD)

....r Assistant Judge, 2nd Additional Assistant Judge Court, Sadar, Noakhali allowing comparison of disputed document against which another suit is brought with plaintiffs signature disputed in the suit, for obtaining opinion of the Handwriting Expert in Title Suit No. 461 of 1990 2. The petitioner a...... vacated. Let a copy of the judgment be communicated to the learned Senior Assistant Judge concerned. Send down the LC record immediately. Ed. This Case is also Reported in: 53 DLR (2001) 259....... 6-7-1992 respectively by the learned Senior Assistant Judge, 2nd Additional Assistant Judge Court, Sadar, Noakhali allowing comparison of disputed document against which another suit is brought with plaintiffs signature disputed in the suit, for obtaining opinion of the Handwriting Expert in Title ..

Category: Procedural Law | Date: | Hits: 85

Noorjahan Akhter Vs. A Motaleb & ors., 2000, 29 CLC (HCD)

....us Case No. 29 of 1995 arising out of a partition suit being Title Suit No.3 of 1983 rejecting an application under section 4 of the Partition Act. 2. Plaintiff-opposite party No.1 has filed the aforesaid Title Suit No. 3 of 1983 in the Court of the Subordinate Judge, 2nd Court, Dhaka with a pra......f Title Suit No.3 of 1983 now pending in the Court of the Subordinate Judge, 2nd Court, Dhaka stands vacated. I make no order as to costs. Ed. This Case is also Reported in: 53 DLR (2001) 256.......he Subordinate Judge, 2nd Court, Dhaka with a prayer for partition on the allegations, inter alia, that one Akhtaruzzaman owned and possessed 2½ kathas of land fully described in the schedule to the plaint by virtue of registered sale deed dated 28-5-1957 from one Zehadon Khatoon. After the death o..

Category: Property Law | Date: | Hits: 113

Star Medical Store Vs. Subordinate Judge, Artha Rin Adalat and other, 2001, 30 CLC (HCD)

....er took some loan from the respondent No.2 the Uttara Bank and since the loan could not he paid within the schedule time the said case was filed at first as an ordinary money suit being No.82 of 1982 for realisation of the said loan money. During the pendency of that suit Artha Rin Adalat Ain (Act 5......a Rin Adalat Ain (Act 51 of 1990) came into effect. The said money suit which was filed on 7-12-1982 was transferred to the Artha Rin Adalat and was renumbered as Artha Rin Case No. 55 of 1990 as per amendment as made by addition of section 9 of the said Act which reads as follows: “বিচà¦......ears by this time. For the reasons and discussions made above, this writ petition does not merit and accordingly it is rejected summarily. Ed. This Case is also Reported in: 53 DLR (2001) 254...

Category: Civil Law | Date: | Hits: 93

Fazlur Rahman & 38 others Vs. Government of Bangladesh and others, 1999, 28 CLC (HCD)

....1999 and Writ Petition Nos. 1660, 3423, 3823, 3029, 3312, 3214, 3945, 3326, 3622 of 1998 and Writ Petition No. 4946 of 1997. Judgment Md. Fazlul Karim J. - These Rules are taken up for hearing together and disposed of by the Single Judgment as the common question of law and facts ......spondent No.4 denying the allegations in rule application stating, inter alia, that the Sub-rule (2) of rule 10 of the Muslim Marriages Dissolution Registration Rules, 1975 having been substituted by amendment dated 31-12-97, the curtailment was done in accordance with law. It is further stated that...... the respondent No.5 denying allegation in the Rule application stating, inter alia, that the petitioner himself being a Junior Nikah Registrar of another area i.e. No.16 Badalkot has lodged false complaint against the respondent No.5 in respect of his academic career and certificate with malafide m..

Category: Constitutional Law | Date: | Hits: 109

Mariam Begum Vs. State & another, 2000, 29 CLC (HCD)

....Thakurgaon arising out of Haripur PS Case No.2 dated 12-6-98 corresponding to GR Case No. 116 of 1998 directing the learned Magistrate to hold further inquiry as to the naraji petition filed by the informant in accordance with law an observation made in the body of the impugned judgment setting asid......has been given, power of revision under section 439 (1) of the Code. Under this section the High Court Division may exercise, in its discretion, any of the powers conferred on a Court of Appeal by an amendment brought in by Ordinance No. 49 of 1978, with effect from 1 June, 1979, this power has also......of Criminal Procedure by the learned Sessions Judge. In the result, the Rule is discharged. The stay granted earlier is hereby vacated. Ed. This Case is also Reported in: 53 DLR (2001) 226...

Category: Criminal Law | Date: | Hits: 40

Fulbaria Adarsha Market Dokandar Malik Samity Vs. Fulbaria Adarsha Market Khatigrashta Kallyan Samabaya Samity Dokandar & others, 2001, 30 CLC (HCD)

....one after another, and is now being disposed of by this order. 4. On 29-11-2000 the petitioner in the later Rule as plaintiff instituted the suit against the Waqf Authorities, defendant Nos.1 to 3 for a decree for mandatory injunction for restoration of possession of the suit land measuring 1.00 ......im order of injunction in mandatory form dated 29-11-2000 is hereby set aside. No order as to cost. Communicate this order to the Court. Ed. This Case is also Reported in: 53 DLR (2001) 220. ......gainst an order dated 29-11-2000 passed by Assistant Judge, 4th Court at Dhaka in Title Suit No. 321 of 2000 by which defendant Nos. 1 to 3 Waqf Authorities were directed to restore possession to the plaintiff an ad interim mandatory injunction. 2. The other Rule in Civil Revision No.125 of 2001 ..

Category: Civil Law | Date: | Hits: 84

Titas Gas (T & D) Co. Ltd. Vs. Commissioner of Taxes, 2000, 29 CLC (HCD)

....assed by the Taxes Appellate Tribunal, Dhaka, Division Bench-1, Dhaka in ITA No. 79 of 1993-94 (Assessment year 1990-1991). 7. In all these reference applications the following questions have been formulated for our opinion: (i) Whether the Taxes Appellate Tribunal was justified in not directi......much as that amount was paid by the assessee applicant after accrual of the interest income and that amount was not a charge upon the income. 10. We have perused the applications, applications for amendment and the papers annexed therewith including the impugned orders. We have also considered th......the affirmative and against the assessee applicant and we refrain from answering the other questions. There will be no order as to cost. Ed. This Case is also Reported in: 53 DLR (2001) 209. ..

Category: Fiscal/Taxation Law | Date: | Hits: 82

Bangladesh Water Development Board Vs. Contractor, Manu Barrage, 2000, 29 CLC (HCD)

....e defendants against the judgment and decree dated 21-11-1999 passed by the Subordinate Judge, 3rd Court, Dhaka in Money Suit No.12 of 1992 decreeing the suit. 2. The plaintiff instituted the suit for a decree for a sum of Taka 10,85,53,174,99. The plaint Case, in short, is that the plaintiff is ......ll realisation. The parties are directed to bear their own respective costs. Send down the record of the case without any further delay. Ed. This Case is also Reported in: 53 DLR (2001) 200. .......- This appeal presented by the defendants against the judgment and decree dated 21-11-1999 passed by the Subordinate Judge, 3rd Court, Dhaka in Money Suit No.12 of 1992 decreeing the suit. 2. The plaintiff instituted the suit for a decree for a sum of Taka 10,85,53,174,99. The plaint Case, in sh..

Category: Civil Law | Date: | Hits: 132

Abdul Wahab Biswas Vs. Abdul Matin Miah & others, 1999, 28 CLC (HCD)

....udgment and order passed by the Subordinate Judge. Second Court, Faridpur on 09-11-97 in Title Suit No. 7 of 1997 granting temporary injunction.2. Short facts relevant are that the petitioner and pro forma opposite party Nos.6-13 being plaintiffs instituted Title Suit No.7 of 1997 in the Court of th....... The learned District Judge should be careful henceforth in passing orders so that it may not be repeated. Communicate the order at once. Ed. This Case is also Reported in: 53 DLR (2001) 196.......s directed against an order passed by District Judge, Faridpur on 17-11-97 in Miscellaneous Appeal No.94 of 1997 allowing the appeal on the date of admission hearing without serving any notice to the plaintiff-respondents setting aside the judgment and order passed by the Subordinate Judge. Second C..

Category: Procedural Law | Date: | Hits: 81

Hazi Sanjob Ali Vs. Hurmuj Ali and others, 2010, 39 CLC (AD)

.... 4, 2010. Lawyers Involved: Md. Mozaffar Hossain, Senior Advocate, instructed by A. K. M. Shahidul Huq, Advocate-on-Record-For the Petitioners. Not represented-Respondents. Civil Petition for Leave to Appeal No. 326 of 2009. (From the judgment and order dated 24.07.2008 passed by the ...... the judgment of the trial court that correctly dismissed the suit. We find no substance in this petition which is accordingly dismissed. Ed. This Case is also Reported in: VII ADC (2010) 513.......ee dated 28.10.1998 passed by the learned Subordinate Judge, 1st Court, Sunamgonj in Title Suit No.441 of 1985 dismissing the suit. 2. The facts, in short, are that Hazi Sanjab Ali (since dead) as plaintiff instituted Title Suit No.13 of 1984 (which was later on renumbered as Title Suit No.441 of..

Category: Property Law | Date: | Hits: 28

Most. Sajeya Begum and others Vs. Md. Shahidul and others, 2010, 39 CLC (AD)

....ry 11, 2010. Lawyers Involved: Abdul Quayum, Senior Advocate instruct­ed by Syed Mahbubar Rahman, Advocate-on-Record-For the Petitioners. Not represented- the Respondents. Civil Petition for Leave to Appeal No. 78 of 2009. (From the judgment and order dated the 26th day of October, 2......udgment an order dated 25.10.2008 passed by the High Court Division in Civil Revision No.6169 of 1991 is stayed till disposal of the appeal. Ed. This Case is also Reported in: VII ADC (2010) 505.......the said property was put to auction for arrear of rent in Certificate Case No.7(S) 60-61 on 25th July, 1962 and thereafter took possession through Court on 10th March, 1965 and the auction purchaser plaintiff and defen­dant No.3 has been in exclusive enjoy­ment and possession of the suit property..

Category: Property Law | Date: | Hits: 23

Gonesh Ghosh Vs. Babu @ Sabir Ahmed and others, 2010, 39 CLC (AD)

.... Advocate-on-Record-For the Petitioners. M. A. Samad, Senior Advocate instructed by Md. Nawab Ali, Advocate-on-Record-For Respondent No.3. Not represented-Respondent Nos. 1-2. Civil Petition for Leave to Appeal No. 487 of 2009. (From the judgment and order dated the 11th and 12th day of ......the above, we find no sub­stance in the submissions of the learned Counsel for the petitioners. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: VII ADC (2010) 501.......nd order dated the 11th and 12th day of August, 2008 passed by the High Court Division in F.A. No. 462 of 1999 The facts involved in the case, in short, are that the suit property as described in the plaint was recorded in C.S. Khatian No.629 which consists of C.S. Plot No.650 and 651 of which Bonob..

Category: Property Law | Date: | Hits: 29

Charupado Mondol and others Vs. Chinmay Bachar and others, 2009, 38 CLC (AD)

....€¦â€¦â€¦â€¦.....Respondents Judgment July 5, 2009. Lawyers Involved: Bivash Chandra Biswas, Advocate-on-Record-For the Petitioners. Not represented- the Respondents. Civil Petition for Leave to Appeal No. 1179 of 2008. (From the judgment and order dated 25.09.2007 passed by the......nd reversing the judgment and order dated 14.11.1999 passed by the learned Subordinate Judge (now Joint District Judge), 4th Court, Khulna in Title Suit No. 129 of 1995 rejecting an applica­tion for amendment of the plaint. 3. Facts, in short, are that the plaintiff-petitioners filed the aforesa......judgment and order dated 14.11.1999 passed by the learned Subordinate Judge (now Joint District Judge), 4th Court, Khulna in Title Suit No. 129 of 1995 rejecting an applica­tion for amendment of the plaint. 3. Facts, in short, are that the plaintiff-petitioners filed the aforesaid Title Suit No...

Category: Procedural Law | Date: | Hits: 95

Jalalabad Co-opera­tive Housing Society Ltd. and another Vs. Mosammat Roushan Jahan and others, 2010, 39 CLC (AD)

....itioners Kamal-ul-Alam, Senior Advocate, instructed by Md. Toufique Hossain, Advocate-on-Record-For Respondent Nos. 1-3, 5, 7-9. Not repre­sented-Respondent Nos. 4, 6, 10-26. Civil Petition for Leave to Appeal No. 888 of 2009. (From the judgment and decree dated 23.02.2009 passed by the......order passed by the High Court Division and thus do not find any substance in the leave petition. The petition is accordingly dismissed. Ed. This Case is also Reported in: VII ADC (2010) 486.......h Court Division in allowing the appeal in part and thereby decreeing the Other Suit No.370 of 1994 dismissed by the learned Subordinate Judge, 3rd Court, Chittagong. 2. The respondent Nos. 1-9 as plaintiffs filed the suit for confirmation of posses­sion upon declaration of title over 1.91 acres..

Category: Property Law | Date: | Hits: 38

Sree Bishonath Das and others Vs. Sree Binoy Kumar Das and others, 2009, 38 CLC (AD)

....mber 13, 2009. Lawyers Involved: Dr. Kazi Akter Hamid, Advocate, instruct­ed by Md. Abu Siddique, Advocate-on-Record-For the Petitioners. Not represented- the Respondents. Civil Petition for Leave to Appeal No.1631 of 2009 (From the judgment and order dated 18.05.2009 passed by the H......by the courts below in finding possession and title in favour of the plaintiff respondent. Accordingly the leave petition is dis­missed. Ed. This Case is also Reported in: VII ADC (2010) 478.......30.08.1987 passed by the Monirampur Upazila Munsif Adalat, Monirampur, Jessore in Title Suit No.228 of 1984. 2. The facts, in short, are that the respon­dents-opposite party respondent Nos.1-3 as plaintiffs filed Title Suit No.228 of 1984 in the Court of the Monirampur Upazila Munsif Adalat, Mon..

Category: Property Law | Date: | Hits: 27

Mojibor and another Vs. Md. Nurul Islam and others, 2010, 39 CLC (AD)

....li, Senior Advocate instructed by Zainual Abedin, Advocate-on-Record-For the Petitioners. Saidur Rahman on behalf of Syed Mahbubar Rahman, Advocate-on-Record-For the Respondents. Civil Petition for Leave to Appeal No.1946 of 2009. (From the judgment and order dated the 12th day of May, 2009......the above, we find no sub­stance in the submissions of the learned Counsel for the petitioners. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: VII ADC (2010) 467....... Rahman through registered instrument and delivered possession; that on 30.03.1985 corresponding to 16th Chaitra 1391 B.S. Md. Siddiqur Rahman exchanged the property by registered instrument with the plaintiff and through that deed the plaintiff became owner and possessor of the scheduled land; that..

Category: Property Law | Date: | Hits: 91

Tafazzal Hossain Vs. Bangladesh, 2009, 38 CLC (AD)

....ructed by Sufia Khatun, Advocate-on-Record-For the Petitioner. A. S. Moniruzzaman, Assistant Attorney General instructed by Zahirul Islam, Advocate-on-Record-For the Respondents. Civil Petition for Leave to Appeal No. 1425 of 2009. (From the judgment and order dated 13.07.2009 passed by th......ned Union Parishad and his name was published in the Gazette Notification dated 22.02.1998. 4. Articles 59 and 60 of the Constitution of the People's Republic of Bangladesh were omitted by the 4th amendment and while the provisions of these Articles of the Constitution were non existent, the Pour......reparation of paper book is dispensed with as prayed for. The order of stay granted earlier shall continue till disposal of the appeal. Ed. This Case is also Reported in: VII ADC (2010) 451. ..

Category: Election Law | Date: | Hits: 92

Abdul Kadir Vs. Moslem Miah, 2009, 38 CLC (AD)

....cate instructed by Mr. Md. Nawab Ali, Advocate-on-Record- For the Petitioners. Tubarak Hossain, Advocate instructed by Md. Aftab Hossain, Advocate-on-Record- For the Respondents. Civil Petition for Leave to Appeal No. 3 of 2008 (From the judgment and order dated 19.11.2007 passed by the High......m for a decree of declaration of title in respect of 2nd schedule land for an area of 19 decimals appertaining to plot No.1350 settlement khatian No.123 under Baishgaon Mouja. Thereafter by filing an amendment petition dated 02.05.1999 the plaintiff petitioners added a prayer vide order dated 26.05.......f 2001 reversing the judgment and decree dated 15.07.2001 passed by the learned Senior Assistant Judge, Laksam in Title Suit No.114 of 1998. 2. The fact, in short, are that the petitioners as plaintiffs instituted a Title Suit No.114 of 1998 on 04.11.1998 before the learned Senior Assistant ..

Category: Property Law | Date: | Hits: 26