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Tayab Ali Vs. Md. Ataur Rahman and others, 2006, 35 CLC (AD)
....; This Case is also Reported in: V ADC (2008) 768. ......85. 2. The Miscellaneous case was filed stating, inter alia, that the shop shown in the schedule attached to the Miscellaneous petition is ejmali property of the pre-emptor and the opposite party Nos. 2-15 and the said property was never partitioned by metes and bounds, that one Md. Afta..Category: Property Law | Date: | Hits: 23
Bangladesh Bank Vs. A. Latif & Company Limited and another, 2008, 37 CLC (AD)
....n is coming which cannot be entertained at this stage. We find no merit in this petition which is accordingly dismissed. Ed. This Case is also Reported in: V ADC (2008) 753. ......d Court, Dhaka in Title Suit No. 01 of 2000 making an award dated 11.11.1999 passed by the sole arbitrator-defendant-respondent No. 2 rule of the court and decreeing the suit in favour of the first party plaintiff. 2. The facts, in short, are that the 1st party entered into a contract wit..Category: Business or Commercial Law | Date: | Hits: 129
Shaymol Mitra Borua Vs. Bangladesh Government and others, 2008, 37 CLC (AD)
....ent denying the material allegations as made in the application and specifically pleaded therein that the Appellate Tribunal case as filed by the petitioner is barred by limitation and bad for defect of party and as such the A.T. case is liable to be dismissed in limini; that defence case, ...... the material allegations as made in the application and specifically pleaded therein that the Appellate Tribunal case as filed by the petitioner is barred by limitation and bad for defect of party and as such the A.T. case is liable to be dismissed in limini; that defence case, in short, i..Category: Administrative Law | Date: | Hits: 89
Shahin Reza and others Vs. Abdul Hamid & others, 2006, 35 CLC (AD)
....s on record arrived at a correct decision. There is no cogent reason to interfere with the same. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: V ADC (2008) 682. ...... Md. Nawab Ali, the learned Advocate-on-Record for the petitioner and perused the judgment of the High Court Division and other connected papers. 7. It is not disputed that the plaintiff was not a party to the decree passed in Title Suit No.167 of 1990. The High Court Division accordingly held th..Category: Tenancy Law | Date: | Hits: 139
Sheikh Abdul Mazed Vs. Md. Shomrej Ali Mandal and others, 2006, 35 CLC (AD)
....d by the courts below and consequent thereupon there was no failure of justice. Accordingly the petition is dismissed. Ed. This Case is also Reported in: V ADC (2008) 680. ......e Court of District Judge were in error in passing the order of stay and in rejecting the prayer for vacating the order of stay. 6. It was contended on behalf of the plaintiff opposite party that in the background of the relief sought in the suit and when the examination of the witne..Category: Procedural Law | Date: | Hits: 58
Hazi Abdul Mannan and others Vs. Amena Begum and others, 2006, 35 CLC (AD)
.... not find any ground to interfere with the judgment of the High Court Division. Accordingly the petition is dismissed. Ed. This Case is also Reported in: V ADC (2008) 676. ......dence out of consideration. In a suit for permanent injunction question of title is gone into incidentally. The primary matter in a suit for permanent injunction, required to be proved by the party seeking decree of permanent injunction is the possession of the land in suit. In the ins..Category: Property Law | Date: | Hits: 21
Government of the People's Republic of Bangladesh Vs. Manindra Kumar Paul & ors, 2006, 35 CLC (AD)
....y 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: V ADC (2008) 667. ......right can not be taken away unless proper explanation is offered by the petitioner for their inordinate delay in filing, the revisional application; though the defendant/petitioner was a contesting party in the above appeal, they kept silent for about 4 years after judgment was passed therein and..Category: Procedural Law | Date: | Hits: 68
Md. Iftekher Uddin Bhuiyan Vs. Ranjit Kumar Saha & another, 2007, 36 CLC (AD)
....ed deed of exchange and the defendant No.1 has been possessing the same on mutating his name. He also developed the land. The prayer for pre-emption is barred by limitation and not maintainable for defect of parties. 5. The trial Court dismissed the suit. On appeal being Title Appeal No.34......n correct assessment of the materials on record arrived at a correct decision. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: V ADC (2008) 665. ..Category: Property Law | Date: | Hits: 19
Mosammat Ashrafee Begum and others Vs. Md. Siddiqur Rahman Patwari and others, 2007, 36 CLC (AD)
....ind, the judgment ought have but the result arrived at call for no interference. Accordingly the petition is dismissed. Ed. This Case is also Reported in: V ADC (2008) 659. ......e suit but they instead of filing the suit seeking declaration of their title filed the suit merely for declaration as to the decree passed in Title Suit No. 19 of 1978 to which they were not party. 8. The learned Counsel for the petitioner took serious exception as to the nature and..Category: Property Law | Date: | Hits: 20
Monwara Begum Vs. Md. Anwarul Islam & others, 2006, 35 CLC (AD)
....rrect decision. There is no cogent reason to interfere with the same. Accordingly, the leave petition is dismissed. Ed. This Case is also Reported in: V ADC (2008) 649. ......land originally belonged to Khairuddin Mondal, Azizur Rahman and Abdul Karim. Azizur Rahman died leaving wife Jamila Khatun and one son, the pre-emptor. Abdul Karim died leaving sons opposite party Nos. 2, 3, 4-6 and one daughter Hasna. Khairuddin died leaving wife opposite party No.10), fo..Category: Property Law | Date: | Hits: 26
Rajdhani Unnayan Kartripakkha (RAJUK) Vs. Iqbal Ahmed and others, 2006, 35 CLC (AD)
....ackground of the discussions made hereinbefore we find no merit in the petition. Accordingly the petition is dismissed. Ed. This Case is also Reported in: V ADC (2008) 631. ......ught for declaration of his lease hold right and also prayed for cancellation of the lease made by RAJUK in favour of the defendant No. 1. 10. The learned Counsel for the defendant opposite party No.1 submitted that RAJUK after compliance of due procedure allotted the land to defenda..Category: Property Law | Date: | Hits: 30
Uttara Bank Ltd. Vs. Subordinate Judge and others, 2006, 35 CLC (AD)
....urt to decide the claim by Uttara Bank Limited in accordance with law. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: 11 BLC (AD) (2006) 229. ......st and the property has been attached for realisation of the decretal dues of Habib Bank Ltd. 5. The High Court Division further observed that Uttara Bank Limited was not a third party claimant and, as such, the application under Order XXI, rule 58 of the Code of Civil Procedur..Category: Civil Law | Date: | Hits: 80
Bangladesh Vs. Abdul Wahed Talukder, 2005, 34 CLC (AD)
....made hereinbefore we find merit in the appeal. Accordingly, the appeal is allowed. There is no order as to costs. Ed. This Case is also Reported in: 11 BLC (AD) (2006) 218. ......ents but ultimately did not produce the said documents before the Court of Settlement. It seems the Court of Settlement in the background of the contentions of the appellant No. 1 who was opposite party before the Court of Settlement, that the agreement for sale said to have been executed by Mr...Category: Property Law | Date: | Hits: 32
Abul Kashem Howlader & ors. Vs. Md. Kashem Ali Khan and others, 2005, 34 CLC (AD)
....on 6-12-1958 as fraudulent and not binding upon the plaintiffs. The petition is disposed of aforesaid modification. Ed. This Case is also Reported in: 11 BLC (AD) (2006) 86. ......es and the Title Suit No. 3 of 1961 which were fabricated, the decree of the Title suit No.49 of 1958 remaining unchallenged in some of the above suits and rehearing cases the plaintiff was made a party and the summons were shown served upon him fraudulently although the plaintiff had been livin..Category: Property Law | Date: | Hits: 102
Most. Bulbul Begum Vs. Mohammad Sanwar Belal and another, 2003, 32 CLC (AD)
....e the tenants of the suit premises and that defendant No.1's father did not take lease of the vacant land and the tenant did not construct any house in the suit premises; that the suit is not bad for defect of party; that the plaintiff is entitled to compensation at a rate TK.25/-per day from 1st of......nts of the suit premises and that defendant No.1's father did not take lease of the vacant land and the tenant did not construct any house in the suit premises; that the suit is not bad for defect of party; that the plaintiff is entitled to compensation at a rate TK.25/-per day from 1st of June, 198..Category: Tenancy Law | Date: | Hits: 169
Sushil Kumar Ghose & another Vs. Md. Nurul Howlader & others, 2005, 34 CLC (AD)
....orrect decision and there is no cogent reason to interfere with the same. All the leave petitions are dismissed. Ed. This case is also Reported in: 14 BLT (AD) (2009) 69. ...... subsequent purchasers and transferees of the case lands, on their applications under Order 22 Rule 10 of the Code of Civil Procedure, were added as p re-emptors-petitioners. 3. The opposite party No. 1 of the pre-emption case contested by filing written objection stating, inter alia,..Category: Property Law | Date: | Hits: 25
Wazed Ali Sheikh Vs. Must. Hazera Khatoon & Others, 2007, 36 CLC (AD)
....a written statement contending, inter alia, that the plaintiff has got no cause of action to file the suit. The same is hit by section 42 of the S.R. Act. They also alleged that the suit is bad for defect of parties. Their case is total denial and inter alia case was that the defendant No. 17 Ab......ersuade ourselves to differ with the learned Single Judge of the High Court Division. The petition is dismissed. Ed. This Case is also Reported in: 28 BLD (AD) (2008) 215. ..Category: Property Law | Date: | Hits: 26
People's Republic of Bangladesh Vs. A.H.M. Khurshed Ali & Ors., 2008, 37 CLC (AD)
....correct decision. We do not find any cogent reason to interfere with the same. The petition is dismissed upon condonation of delay. Ed. This Case is also Reported in: 28 BLD (AD) (2008) 159. ...... For ready reference let us reproduce below Sub Sections (1) and (2) of Section 115 of the Code of Civil Procedure:- "115. Revision.- (1) The High Court Division may, on the application of any party aggrieved, call for the record of any suit or proceeding in which a decree or an order has be..Category: Limitation Law | Date: | Hits: 171
Bangladesh Vs. AHM Khurshed Ali and others, 2008, 37 CLC (AD)
.... not find any cogent reason to interfere with the same. The petition is dismissed upon condonation of delay. Ed. This Case is also Reported in: 13 BLC (AD) (2008) 114. ......rence let us reproduce below sub-sections 1 and 2 of section 115 of the Code of Civil Procedure: "115. Revision. — (1) The High Court Division may, on the application of any party aggrieved, call for the record of any suit or proceeding in which a decree or an order has b..Category: Civil Law | Date: | Hits: 77
Afzal Hossain Biswas and others Vs. Mst. Khodeja Bibi and another, 2005, 34 CLC (AD)
.... above we find no substance in the submission of the learned Advocate, for the petitioners. The petition is dismissed. Ed. This Case is also Reported in: 16 BLT (AD) (2008) 187. ......e Bagres Khan, Magura Police Station Case No. 12 dated 24.01.1972 was started over the selfsame occurrence against 20 accused persons including petitioner No.1 and another Sayed Abul Kashem (not a party to the complaint petition). On conclusion of investigation into the said P.S. Case charge-she..Category: Criminal Law | Date: | Hits: 35
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