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Nazmul Huda Chowdhury Vs. Janata Bank and another, 2008, 37 CLC (AD)
.... that the High 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) 569.......ate Division (Civil) Present: MM Ruhul Amin CJ Mohammad Fazlul Karim J Md. Joynul Abedin J Nazmul Huda Chowdhury……………………………..Petitioner Vs. Janata Bank and another...............................Respondent Judgment December 18, 2008. Result: ...... that the High 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) 569.......mercial Area, known as "Mercantile Court" belonging to a non Bengali vested in the Government of Bangladesh as abandoned property and the said building was occupied by different tenants including the plaintiff. The Government of Bangladesh under its power of management of abandoned properties, publi..Category: Property Law | Date: | Hits: 28
Md. Qamrul Islam and others Vs. Md. Abdul Wazed Miah and another, 2008, 37 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: 14 MLR (AD) (2009) 561. ......on (Civil) Present: MM Ruhul Amin CJ Mohammad Fazlul Karim J Md. Tafazzul Islam J Md. Joynal Abedin J Md. Abdul Matin J Md. Qamrul Islam and others…………………........Petitioners Vs ...... 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: 14 MLR (AD) (2009) 561. ......dated 23.11.1998 of the learned Assistant Judge, Bauphal, Patuakhali in Title Suit No.16 of 1984 dismissing the suit. 2. Facts, in brief, are that the predecessor of the petitioners, as plaintiff, instituted the above suit seeking declaration that the suit land measuring 33 decim..Category: Property Law | Date: | Hits: 22
Noor Jahan Begum and another Vs. Golam Mostafa and others, 2009, 38 CLC (AD)
....e find 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) 558. ......ourt Appellate Division (Civil) Present: MM Ruhul Amin CJ Mohammad Fazlul Karim J Md. Tafazzul Islam J Md. Joynul Abedin J Noor Jahan Begum and another………………….Petitioners Vs. Go......e find 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) 558. ......Tior in equal share and their names were recorded in C.S. record; That on their death the defendant No.12-14 inherited their properties and proposed to sell 18 decimals out of the land and that the plaintiffs had agreed to purchase the same at highest market price of TK. 4,00,000.00 and that acco..Category: Property Law | Date: | Hits: 25
M.A. Aziz Vs. Bangladesh, 2008, 37 CLC (AD)
....wered in our judgment. We therefore find no cogent reason to review the same. Accordingly, the review petition is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 547. ...... Md. Abdul Matin J M.A. Aziz………………..............Petitioner Vs. Bangladesh represented by the Secretary, Ministry of Housing and Public Works, Bangladesh Secretariat, Ramna, Dhaka and another.......Respondents. Judgme......wered in our judgment. We therefore find no cogent reason to review the same. Accordingly, the review petition is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 547. ......of this Court's judgment dated 19.06.2008 passed in Civil Appeal No. 181 of 2005 dismissing the appeal with cost of Tk. 10,000/-. 2. Short fact of the case is that the respondent No.1 as the plaintiff filed the Title Suit No. 172 of 2000 in the Court of The Subordinate Judge, 3rd Court, Dh..Category: Property Law | Date: | Hits: 23
General Manager, Bangladesh Railway Vs. Badruddin Ahmed, 2009, 38 CLC (AD)
.... view that the High Court Division upon correct assessment of the materials on record dismissed the appeal. The petition is dismissed. Ed. This Case is also Reported in: ......p; General Manager, Bangladesh Railway……………….Petitioner Vs. Badruddin Ahmed being dead his heirs: Most. Sajeda Begum and others....Respondents Judgment April 8, 2009. Lawyers Involved: Shahee...... view that the High Court Division upon correct assessment of the materials on record dismissed the appeal. The petition is dismissed. Ed. This Case is also Reported in: ......nt and order dated 20th November, 2007 passed by the High Court Division in First Appeal No.86 of 1994 dismissing the appeal. 2. Short facts as placed before the High Court Division are that plaintiff instituted Title Suit No.94 of 1993 in the Court of Subordinate Judge (now Joint District..Category: Property Law | Date: | Hits: 27
Karuna Enterprise Vs. Joint District Judge, Artha-Rin-Adalat, Narayangonj & Ors., 2007, 36 CLC (AD)
....sion has committed no error of law in its judgment calling for interference by this Division. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: ......una Enterprise, represented by its Proprietor A. K. M. Kutubuddin Khan……………Petitioner Vs. Joint District Judge, Artha-Rin-Adalat, Narayangonj and others………Respondents Judgment May 10, 2007. Lawyers In......sion has committed no error of law in its judgment calling for interference by this Division. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: ......2 (order No.47 dated 28.11.2002) of the Court of Joint District Judge and Artha Rin Adalat, Narayangonj in Artha Rin Mortgage Suit No.35 of 1999 rejecting the application seeking direction upon the plaintiff to produce certain papers. 2. The suit was filed for realization of ..Category: Civil Law | Date: | Hits: 91
Bhaja Krishna Barman and others Vs. Sree Raghunath Chandra Barman, 2007, 36 CLC (AD)
.... background of the 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: ......also Reported in: ...... background of the 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: ......her Class Suit No.16 of 1986 dismissing the same. 2. The suit was filed seeking declaration of title in respect of the land described in the schedule attached to the plaint. 3. The plaintiffs claimed the land in suit as heirs of Ramhari Kasya. It is the case of the plaintiffs th..Category: Property Law | Date: | Hits: 28
GM, (East) BD Railway (C.R.B.), Chittagong & ors Vs. Md. Ferozur Rahman & anr, 2009, 38 CLC (AD)
....n and dismissed the appeal. We therefore find no reason to interfere with the same. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 528. ...... Present: MM Ruhul Amin CJ Mohammad Fazlul Karim J Md. Tafazzul Islam J Md. Joynul Abedin J General Manager (East) Bangladesh Railway (C.R.B.), Chittagong and others……………… Petitioners. Vs. Md. Ferozu......n and dismissed the appeal. We therefore find no reason to interfere with the same. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 528. ......the judgment and decree dated 15.1.1998 passed by the learned Subordinate Judge, 1st Court, Dhaka in Title Suit No.14 of 1991 dismissing the suit. 2. The short fact is that the respondent as plaintiff filed Title Suit No.14 of 1991 in the Court of Subordinate Judge, 1st Court, Dhaka for a ..Category: Civil Law | Date: | Hits: 150
Ranjit Kumar Bal and another Vs. Gopal Chandra Bal and others, 2008, 37 CLC (AD)
....ity 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) 525. ......preme Court Appellate Division (Civil) Present: MM Ruhul Amin CJ Md. Tafazzul Islam J Md. Joynul Abedin J Md. Abdul Matin J Ranjit Kumar Bal and another…………………………….......ity 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) 525. ...... of 93 dismissing the appeal filed against those of dated 31.10.92 of the learned Subordinate Judge (now Joint District Judge), Jhalakati passed in Title Suit No.49 of 1990 declaring that the plaintiffs have no right title and interest in the suit land. 2. Facts, in brief, are that ..Category: Property Law | Date: | Hits: 74
Md. Abdul Jabbar Sarder Vs. Assistant Custodian, Enemy Property, Pabna and others, 2009, 38 CLC (AD)
....e materials on record discharged the Rule. There is no cogent reason to interfere with the same. The petition is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 522. ......Karim J Md. Tafazzul Islam J Md. Joynul Abedin J Md. Abdul Jabbar Sarder…........................Petitioner Vs. Assistant Custodian, Enemy Property, Pabna and others………........Respondents Judgment February 2, 2009. ......e materials on record discharged the Rule. There is no cogent reason to interfere with the same. The petition is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 522. ......p; 2. Short facts as placed before the High Court Division are that the plaintiff instituted Other Class Suit No.121 of 1974 in the Court of Subordinate Judge (now Joint D..Category: Property Law | Date: | Hits: 24
Government of Bangladesh Vs. Enamul Huque and others, 2008, 37 CLC (AD)
....here 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) 519. ......zul Islam J Md. Joynul Abedin J Md. Abdul Matin J Government of Bangladesh, represented by the Deputy Commissioner, Rajshahi.....Petitioner Vs. Enamul Huque and others.........................Respondents Judgment August 26, 2008. Lawy......here 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) 519. ......of the learned Subordinate Judge (now Joint District Judge), Nawabganj passed in Other Class Suit No.69 of 1982 decreeing the suit. 2. Facts, in brief, are that the respondent No.1, as plaintiff, instituted the above suit on the averments that he is the rightful owner of the suit pro..Category: Property Law | Date: | Hits: 26
Kohinoor Chowdhury Vs. Sree Kamada Ranjan Bhattacharja 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) 488. ......inoor Chowdhury………………………………………..Petitioner Vs. Sree Kamada Ranjan Bhattacharja and others….......Respondents Judgment November 23, 2008. Lawyers Invol......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) 488. ......azar in Title Suit No.79 of 1998 rejecting the petitioner's application under Order 7 Rule 11 of the Code of Civil Procedure praying for rejection of plaint. 2. The respondent No.1, as plaintiff, instituted the above Title Suit No.79 of 1998 for specific performance of contract ..Category: Procedural Law | Date: | Hits: 66
Khandaker Jalaluddin and others Vs. Most. Jamila Khatun, 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) 485. ...... 485. ......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) 485. ......ersing those of dated 16.6.1999 of the Assistant Judge, Makla, Sherpur passed in the Other Class Suit No.15 of 1999 rejecting the prayer for temporary injunction. 2. The respondent, as plaintiff, filed the above suit seeking declaration that the order dated 23.3.99 under the signatur..Category: Employment/Service Law | Date: | Hits: 66
Nurjahan Begum Vs. Nur Rahman and other, 2008, 37 CLC (AD)
....ct decision and there 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) 469.......Ruhul Amin CJ Mohammad Fazlul Karim J Md. Tafazzul Islam J Md. Joynul Abedin J Md. Abdul Matin J Nurjahan Begum…………………………............Petitioner Vs. Nur Rahman and other ............................Respondents Judgment August 11, 2008. Result: The ......ct decision and there 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) 469.......ngpur in Other Appeal No.5 of 2003 affirming those of dated 24.9.2002 passed by the Joint District Judge Court No.1, Rangpur in Other Suit No. 30 of 1997 dismissing the suit. 2. The petitioner, as plaintiff filed the above Other Suit No.30 of 1997 for partition of an area of 4.70 acres of land ..Category: Property Law | Date: | Hits: 42
Samsuddin Nakib and others Vs. Syed Fakruddin Ahmed and others, 2008, 37 CLC (AD)
....y or infirmity in the decision of the High Court Division so as to call for any interference. 7. The petition is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 464. ...... in: VI ADC (2009) 464. ......y or infirmity in the decision of the High Court Division so as to call for any interference. 7. The petition is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 464. ......Judge), First Court, Barisal passed in Title Suit No.13 of 1980 decreeing the suit. 2. The predecessor of the petitioner Nos.1-19 as well as the predecessors of the respondent Nos. 8-21, as plaintiffs, filed above Title Suit No.13 of 1980 seeking partition of 'Ka' scheduled land and also ..Category: Property Law | Date: | Hits: 34
Ferastullah Sarder Vs. Md. Mobarak Ali Gazi and others, 2008, 37 CLC (AD)
....t finding which calls for no interference by this Court. We find no merit in these petitions which are accordingly dismissed. Ed. This Case is also Reported in: VI ADC (2009) 456. ...... MM Ruhul Amin CJ Mohammad Fazlul Karim J Md. Tafazzul Islam J Md. Joynul Abedin J Md. Abdul Matin J Ferastullah Sarder being dead his heirs: Altaf Sarder and others......Petitioners (In both the cases) Vs. Md. Mobarak Ali Gazi and others&......t finding which calls for no interference by this Court. We find no merit in these petitions which are accordingly dismissed. Ed. This Case is also Reported in: VI ADC (2009) 456. ...... decreeing the suit. 2. The facts, in short, are that Ferastullah predecessor of the petitioners as plaintiffs instituted a Title Suit No.56 of 1991 in the court of the learned Assistant Judge Koyra..Category: Property Law | Date: | Hits: 22
Md. Ershad Ali @ Hajee Ershad Ali Vs. Hajee Ashid Ali and others, 1994, 23 CLC (AD)
....r over a century over which the owners of adjacent lands had been enjoying the easement right uninterruptedly, continuously and peacefully, the suit pathway is the plaintiffs only way for the ingress and egress of their house leading to Sylhet Municipal Road which runs to the south of it. A......(Civil) Present: Shahabuddin Ahmed CJ ATM Afzal J Latifur Rahman J Md. Ershad Ali @ Hajee Ershad Ali...............Appellant Vs. Hajee Ashid Ali and others….....Respondents Judgment May 2, 1994. Cases Referred to: ......ntury over which the owners of adjacent lands had been enjoying the easement right uninterruptedly, continuously and peacefully, the suit pathway is the plaintiffs only way for the ingress and egress of their house leading to Sylhet Municipal Road which runs to the south of it. As the defend......lant is from the judgment and order dated 17-2-93 passed by a learned Single Judge of the High Court Division in Civil Revision No. 2114 of 1990, discharging the Rule. 2. The respondents as plaintiffs filed Title Suit No. 193 of 1987 in the Court of Assistant Judge, Sadar, Sylhet for decl..Category: Procedural Law | Date: | Hits: 64
Md. Nazir Hossain Khan and another Vs. Md. Mujal Mollah, 1998, 27 CLC (AD)
....fore in allowing the appeal without any order as to costs. The lower appellate Court's judgment and decree are restored. Ed. This Case is also Reported in: II ADC (2005) 822. ...... Court Appellate Division (Civil) Present: ATM Afzal CJ Mustafa Kamal J Latifur Rahman J Mohammad Abdur Rouf J Md. Nazir Hossain Khan and another.... ........Appellants Vs. Md. Mujal Mollah being dead his heirs: Shahid......fore in allowing the appeal without any order as to costs. The lower appellate Court's judgment and decree are restored. Ed. This Case is also Reported in: II ADC (2005) 822. ......dismissing the appeal preferred from the judgment and decree dated 30-7-85 passed by the learned Subordinate Judge, Joypurhat in Other Class Suit No. 36 of 1985, dismissing the suit. 2. The plaintiff-respondent Md. Mujal Mollah (substituted by his heirs and successors since his death..Category: Property Law | Date: | Hits: 34
MD, Foundation Engineer Shatu Ltd. Vs. Civil Engineer (RHD) Sarak Bahban, 2001, 30 CLC (AD)
.... those dated 3.7.1995 passed by the First Court of Subordinate Judge, Dhaka, in Miscellaneous Case no. 16of 1995 are restored. Ed. This Case is also Reported in: II ADC (2005) 782. ......er. Mahbubey Alam, Additional Attorney General, instructed by A. K. M. Shahidul Haque, Advocate-on-Record - For the Respondent. Civil Appeal No. 131 of 2000 (From the Judgment and Order dated 2.11.1998 passed by the High Court Division in first Miscellaneous Appeal No. 35 of...... those dated 3.7.1995 passed by the First Court of Subordinate Judge, Dhaka, in Miscellaneous Case no. 16of 1995 are restored. Ed. This Case is also Reported in: II ADC (2005) 782. ......visit of the site of works and therefore, the learned Subordinate Judge, "committed illegality in making the award a rate of the court." 3. Leave was granted at the instance of the plaintiff appellant to examine the correctness of the finding of the High Court Division that the A..Category: Civil Law | Date: | Hits: 98
Mozirullah and others Vs. Shafukuddin Ahmed and others, 1996, 25 CLC (AD)
....d the judgment and decree dated 31-1-90 passed by the learned Subordinate Judge, Feni in Title Appeal No. 27 of 1986 are affirmed. Ed. This Case is also Reported in: II ADC (2005) 668. ......Division (Civil) Present: ATM Afzal CJ Mustafa Kamal J Latifur Rahman J Mohammad Abdui Rour J Bimalendu Bikash Roy Choudhury J Mozirullah and others...........Appellants Vs. Shafukuddin Ahmed and others...............R......d the judgment and decree dated 31-1-90 passed by the learned Subordinate Judge, Feni in Title Appeal No. 27 of 1986 are affirmed. Ed. This Case is also Reported in: II ADC (2005) 668. ......sion No.765 of 1990, making the Rule absolute, thereby setting aside the judgment and decree dated 31-1-90 passed by the learned Subordinate Judge, Feni in Title Appeal No.27 of 1986 dismissing the plaintiff respondent's Suit and reversing those dated 30-1-86 passed by the learned Munsif, Dagan ..Category: Property Law | Date: | Hits: 33
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