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Dr. Md. Abdul Jalil Sarder Vs. Selina Akhter, 2008, 37 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) 427. ......ate, instructed by Md. Nawab Ali, Advocate-on-Record-For the Petitioner. Not represented-the Respondent. Civil Petition for Leave to Appeal No. 585 of 2006. (From the judgment and order dated 02.02.2006 passed by the High Court Division in Civil Revision No.2196 of 1990.) ...... 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) 427. ......ve to appeal is directed against the judgment and order dated 02.02.2006 passed by the High Court Division in Civil Revision No.2196 of 1990 discharging the Rule. 2. Short facts are that the plaintiff institut­ed Other Class Suit No.45 of 1986 in the Court of Assistant Judge, Gaibandha..

Category: Family Law | Date: | Hits: 169

Samsuddin Nakib and others Vs. Syed Fakruddin Ahmed and others, 2008, 37 CLC (AD)

....ality or infirmity in the decision of the High Court Division so as to call for any interference. The petition is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 424. ...... VI ADC (2009) 424. ......ality or infirmity in the decision of the High Court Division so as to call for any interference. The petition is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 424. ......t 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 se..

Category: Property Law | Date: | Hits: 33

Jamira Khatun and others Vs. Md. Fazlul Karim and others, 2008, 37 CLC (AD)

....ind 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) 419. ......C (2009) 419. ......ind 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) 419. ......ing those dated 19.10.1999 passed by the Senior Assistant Judge, Additional Court, Sadar, Sylhet in Title Suit No. 50 of 1997 dismissing the suit. 2. The short facts of the case are that the plaintiffs instituted Title Suit No. 216 of 1985 in the First Court of Munsif, Sylhet Sadar, Sylhe..

Category: Property Law | Date: | Hits: 31

Banka Bihar Mondal Vs. Md. Tufazzel Sardar & others, 2008, 37 CLC (AD)

....rrived 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) 416. ......uct­ed by Md. Aftab Hossain, Advocate-on-Record-For the Petitioner Not represented-For the Respondents Civil Petition for Leave to Appeal No.623 of 2006. (From the judgment and order dated 7.2.2006 passed by the High Court Division in Civil Revision No. 1401 of 1990.) ......rrived 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) 416. ...... of the High Court Division in Civil Revision No. 1401 of 1990 making the rule absolute. 2. The short fact leading to the filing of the leave petition is that the respondent Nos. 1 and 2 as plaintiffs tiled Title Suit No. 394 of 1984 in the court of Munsif, Sadar Court, Satkhira for a dec..

Category: Property Law | Date: | Hits: 23

M.S. Zaman alias Sukur Mahmud & another Vs. Kazimuddin Feraji & others, 2008, 37 CLC (AD)

....vision 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) 414, 19 BLT (AD) (2011)137.......nuary 9, 2008. Lawyers Involved: Md. Nawab Ali, Advocate-on-Record-For the Petitioners Respondents-Not represented Civil Petition for Leave to Appeal No.452 of 2006. (From the judgment and order dated 11.04.2006 passed by the High Court Division in civil order No.5531 of 2004) Judg......vision 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) 414, 19 BLT (AD) (2011)137....... is directed against the judgment and order dated 11.04.2006 passed by the High Court Division in Civil order No. 5531 of 2004 summarily reject­ing the revisional application. 2. This case of the plaintiff, in short, is that Radha Ramon Saha was the original owner of the suit land. He died leavi..

Category: Property Law | Date: | Hits: 29

Md. Lal Miah Vs. Md. Anwar Hossain @ Anu, 2007, 36 CLC (AD)

....e, the submissions of the learned Advocate for the petitioner deserve no consideration. Accordingly, the petition dismissed. Ed. This Case is also Reported in: VI ADC (2009) 409. .......             Not represented- the Respondent. Civil Petition for Leave to Appeal No.211 of 2006 (From the judgment and order dated 25th July, 2005 passed by the High Court Division in Civil Revision No.2651 of 1999......e, the submissions of the learned Advocate for the petitioner deserve no consideration. Accordingly, the petition dismissed. Ed. This Case is also Reported in: VI ADC (2009) 409. ......al reversing those dated 04.09.1997 passed by the learned Senior Assistant Judge, Nandail, Ishwarganj, Mymensingh in Other Class Suit No. 27 of 1995 dismissing the Suit. 2. The petitioner as plaintiff instituted Other Class Suit No. 27 of 1995 in the Court of Senior Assistant Judge, Nandai..

Category: Property Law | Date: | Hits: 30

Dhaka Bank Limited Vs. Monir Hossain and others, 2008, 37 CLC (AD)

....Court as secu­rity against the decree that may be passed till final decision of the suit."  Accordingly, the appeal is disposed of. Ed.  This Case is also Reported in: VI ADC (2009) 402. ...... CJ Mohammad Fazlul Karim J Md. Tafazzul Islam J Md. Joynul Abedin J Md. Abdul Matin J Dhaka Bank Limited…………………………………..Appellant Vs.  Monir Hossain and others………….........Respondents  Judgment August 25, 2008. Lawyers Involved: ......Court as secu­rity against the decree that may be passed till final decision of the suit."  Accordingly, the appeal is disposed of. Ed.  This Case is also Reported in: VI ADC (2009) 402. ...... sell and to keep out of the sale proceeds of TK.43, 00,000.00 in fixed deposit to the credit of the trial Court till final decision of the suit.  2. The facts of the case, in short, are that the plaintiff-appellant is a Banking Company incorporated under the Companies Act, 1994 having its Head ..

Category: Business or Commercial Law | Date: | Hits: 142

Md. Kamal Uddin Akand Vs. Artha Rin Adalat and others, 2008, 37 CLC (AD)

....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) 383. ...... (Civil) Present: M.M. Ruhul Amin CJ Mohammad Fazlul Karim J Md. Tafazzul Islam J Md. Joynul Abedin J Md. Abdul Matin J Md. Kamal Uddin Akand…………………………….... Peti......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) 383. ......g the judgment and order dated 9.10.2004 of the First Court of Joint District Judge and Artha Rin Adalat, Gazipur passed in Artha Rin Cases No.70 of 2004 allowing the appli­cation filed by the plaintiff under section 13(1) of the Artha Rin Adalat Ain, 2003 of passing the judgment and decree ..

Category: Civil Law | Date: | Hits: 95

Nur Islam Sharif alias Eslam Ali Vs. Amjed Ali Molla and others, 2008, 37 CLC (AD)

....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) 373. ...... Md. Tafazzul Islam J Md. Joynul Abedin J Md. Abdul Matin J Nur Islam Sharif alias Eslam Ali……….........Petitioner Vs. Amjed Ali Molla and others…........Respondents Judgment July 21, 2008. Lawyers Involved......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) 373. ...... those of dated 30.1.1995 of the learned Senior Assistant Judge, Bhandaria passed in Title Suit No.12 of 1993 decreeing the suit. 2. Facts, in brief, are that the respondent Nos.1 and 2, as plaintiffs, instituted the above suit for declaration that the order dated 31.12.92 of Additional D..

Category: Property Law | Date: | Hits: 26

City Bank Limited Vs. M/s. Oscar Fashionwear Ltd. and others, 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: VI ADC (2009) 366. ......zul Islam J Md. Joynul Abedin J Md. Abdul Matin J The City Bank Limited……….......................Petitioner Vs M/s. Oscar Fashionwear Ltd. and others……….........Respondents Judgment July 20, 2008. ...... 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) 366. ......ecree dated 30.10.1991 of the learned Subordinate Judge (now Joint District) and 1st Commercial Court, Chittagong, in Money Suit No.78 of 1989 dismissing the suit. 2. The petitioner bank, as plaintiffs, filed the aforesaid Money Suit No.78 of 1989 for recovery of Tk.93,70,413.47 from the&n..

Category: Civil Law | Date: | Hits: 106

Md. Abdul Motaleb Sarker and others Vs. Md. Laskar Ali and others, 2008, 37 CLC (AD)

....y held that the suit as framed is not maintainable. We find no merit in this petition which is accordingly dismissed. Ed. This Case is also Reported in: VI ADC (2009) 361. ......s also Reported in: VI ADC (2009) 361. ......y held that the suit as framed is not maintainable. We find no merit in this petition which is accordingly dismissed. Ed. This Case is also Reported in: VI ADC (2009) 361. ......2 of 1993 passed by the learned Subordinate Judge, 2nd Court, Naogaon in Other Suit No.115 of 1991 dismissing the suit. 2. The facts, in short, are that the present petitioner and others as plaintiffs institut­ed Other class Suit No.115 of 1991 impleading the present respondent Nos.1-..

Category: Property Law | Date: | Hits: 32

Sohrab Ali Molla (Md) and others Vs. Md. Ataur Rahman Talukder and others, 2009, 38 CLC (AD)

....rt 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 BLC (AD) (2009) 103. ......urt Appellate Division (Civil) Present: M.M. Ruhul Amin J Md. Tafazzul Islam J Md. Abdul Matin J Md. Abdul Aziz J Sohrab Ali Molla (Md) and others......................Petitioners Vs. Md. Ataur Rahman Talukder and others .......rt 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 BLC (AD) (2009) 103. ...... 13th March, 2007 passed by the High Court Division in Civil Revision No. 3460 of 2001 discharging the Rule. 2.  Short facts as placed  before the High Court Division are that the plaintiff instituted Title Suit No.72 of 1991 in the Court of learned Senior Assistant Judge, Siraj..

Category: Property Law | Date: | Hits: 49

Binapani Kandu Vs. Chairman, Vested and Non-Resident Property, 2009, 38 CLC (AD)

....n affirming the judg­ment of the Courts below. We find no merit in these petitions which are accordingly, dismissed. Ed. This Case is also Reported in: 14 BLC (AD) (2009) 101. ...... also Reported in: 14 BLC (AD) (2009) 101. ......n affirming the judg­ment of the Courts below. We find no merit in these petitions which are accordingly, dismissed. Ed. This Case is also Reported in: 14 BLC (AD) (2009) 101. ...... peti­tioner and affirming the judgment and decree passed by the learned Assistant Judge, Narail in Title Suit No. 383 of 1978. 2. The facts, in short, are that the peti­tioner as a plaintiff filed Title Suit No.383 of 1978 in the Court of learned Assistant Judge, Narail for decla..

Category: Property Law | Date: | Hits: 23

Md. Ali Bepary and ors. Vs. Garupranjan Chakraborty 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) 97. ......Tafazzul Islam J      Md. Joynul Abedin J                    Md. Ali Bepary and ors.................Petitioners Vs. Garupranjan Chakraborty and others...........R...... 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) 97. ......land belonged to Guru Doyal Chakraborty, Ram Charan Chakraborty, Bhabani Charan Chakraborty and Kalipada Chakra­borty, of them Guru Doyal Chakraborty pro­posed to sell the suit property to plaintiff and on the mediation of the local elders, the price of the suit property measuring 7.80 a..

Category: Property Law | Date: | Hits: 22

Kamrunnessa Nilufar and another Vs. Mahmudul Faruque and others, 2009, 38 CLC (AD)

....ssed the appeal. We therefore, find no reason to interfere with the same. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: 14 BLC (AD) (2009) 87. ...... Md. Tafazzul Islam J     Md. Joynul Abedin J                  Kamrunnessa Nilufar and another.........Petitioners Vs. Mahmudul Faruque and others...........Respondents ......ssed the appeal. We therefore, find no reason to interfere with the same. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: 14 BLC (AD) (2009) 87. ......07). Judgment                 Md. Joynul Abedin J.- This petition for leave to appeal at the instance of the plaintiffs is directed against the judgment and order dated 1-10-2007 passed by a Division Bench of..

Category: Property Law | Date: | Hits: 22

Bangladesh Vs. Md. Jashim Uddin and another, 1997, 26 CLC (AD)

....ent of the High Court Division is set aside and the order of restoration of the suit, passed by the trial Court, is restored. Ed. This Case is also Reported in: II ADC (2005) 584. ...... Bimalendu Bikash Roy Choudhury J Government of the People's Republic of Bangladesh, repre­sented by the Deputy Commissioner, Dhaka........Appellant Vs. Md. Jashim Uddin and another…….....Respondents Judgment October 27, 1997. Case Re......ent of the High Court Division is set aside and the order of restoration of the suit, passed by the trial Court, is restored. Ed. This Case is also Reported in: II ADC (2005) 584. ......udgment and Order dated 10th August 1994 passed by the High Court Division in Civil Revision No. 1710 of 1992.) Judgment Mohammad Abdur Rouf J.- This appeal, following leave, by the plaintiff-appellant, is from the judgment and order passed on August 10,1994 by a Single Bench of t..

Category: Procedural Law | Date: | Hits: 87

Ranjit Sarker and ors. Vs. Sree Sukhendu Bikash Biswas & ors., 1996, 25 CLC (AD)

....ppeal may be heard by any Division Bench of the High Court Division other than the one which heard the matter earlier. Ed. This Case is also reported in: II ADC (2005) 581; 17 BLD (AD) 58. ....... ......ppeal may be heard by any Division Bench of the High Court Division other than the one which heard the matter earlier. Ed. This Case is also reported in: II ADC (2005) 581; 17 BLD (AD) 58. ......4 of a Division Bench of the High Court Division in F.A. No. 11 of 1984 (Chittagong), subsequently renumbered 323 of 1991 (Dhaka), which, reversing those of the Subordinate Judge, Patiya, decreed the plaintiff's suit, Other Suit No. 163 of 1981 in part. 2. The patent facts are that the suit homes..

Category: Property Law | Date: | Hits: 66

Aminul Haque Shah Chowdhury and others Vs. Abdul Wahab Shah Chowdhury and others, 1999, 28 CLC (AD)

....g the appeal to its original file and number. There is therefore no merit in these appeals. Both the appeals are dismissed. Ed. This Case is also Reported in: II ADC (2005) 548. ...... Mahmudul Amin Choudhury J Aminul Haque Shah Chowdhury @ Aminul Shah Chowdhury...................Appellant (In Civil Appeal No. 79 of 1998) Vs. Abdul Wahab Shah Chowdhury and oth­ers……..........Respondents (In Civil Appeal No. 79 of 1998) Aminu......g the appeal to its original file and number. There is therefore no merit in these appeals. Both the appeals are dismissed. Ed. This Case is also Reported in: II ADC (2005) 548. ......able in a revisional application but from this decision it appears that in the given facts and circum­stances it has no application. 7. The Short fact leading to this decision is that the plaintiff's suit for declaration of title was decreed ex parte and the defendant filed Miscellaneo..

Category: Trust/Waqf Law | Date: | Hits: 226

Abdul Malek Mollah Vs. Md. Abdul Salam Moral and another, 2009, 38 CLC (AD)

.... appeal. Accordingly, the appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: 61 DLR (AD) (2009) 124; 14 MLR (AD) (2009) 158; VI ADC (2009) 472. ......ohammad Fazlul Karim J Md. Joynul Abedin J Shah Abu Nayeem Mominur Rahman J Abdul Malek Mollah..................................Appellant Vs. Md. Abdul Salam Moral and another............Respondents Judgment April 15, 2009. Cases Referred To- ...... appeal. Accordingly, the appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: 61 DLR (AD) (2009) 124; 14 MLR (AD) (2009) 158; VI ADC (2009) 472. ......tle Suit No. 32 of 1994 decreeing the suit for Specific Performance of Contract, by the Subordinate Judge, 1st Court, Gazipur. 2. The facts relevant for disposal of this appeal are that the plaintiff filed Title Suit No.32 of 1994 for Specific Performance of Contract in respect of the sui..

Category: Property Law | Date: | Hits: 34

Bangladesh Vs. Abbas Ali Munshi , 1997, 26 CLC (AD)

....the decrees of the High Court Division as well as the lower appellate court are set aside and that of the trial court is restored. Ed. This Case is also Reported in: II ADC (2005) 497. ......ord - For the Appellant. Syed Badrul Alam, Advocate instructed by Md. Aftab Hossain, Advocate-on-Record - For the Respondents. Civil Appeal No. 17 of 1991. (From the Judgment and Decree dated 20 June, 1988 passed by the High Court Division in Appeal From Appellate Decree No......the decrees of the High Court Division as well as the lower appellate court are set aside and that of the trial court is restored. Ed. This Case is also Reported in: II ADC (2005) 497. ......dated 20 June, 1988 passed by the High Court Division in Appeal From Appellate Decree No. 146 of 1977). Judgment Mohammad Abdur Rouf J.- This appeal, following leave, by the Government plaintiff appellant, is from the judgment and decree dated 20.6.88 passed by a learned Single Judg..

Category: Property Law | Date: | Hits: 35