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Begum Lutfunnessa Vs. Md. Shafiullah and others, 2004, 33 CLC (AD)

.... In the background of the aforesaid dis­cussions we find no substance in the petition. Accordingly the review petition is dis­missed. Ed. This Case is also Reported in: 1 ADC (2004) 511. ...... the suit back to the trial Court for disposal with Title Suit No.39 of 1933. 2. The first appeal was filed against the judgment and decree dated September 13, 1986 of the 1st Court of Subordinate Judge, Dhaka passed in Title Suit No. 50 of 1984 dismissing the same upon directing the defendant No..

Category: Property Law | Date: | Hits: 67

Gouranga Lal Sheel & others Vs. Gouranga Chandra Nath & others, 2004, 33 CLC (AD)

.... reversal. Therefore, the impugned judgment requires interference by us. The appeal is allowed without any order as to costs. Ed. This Case is also Reported in: 1 ADC (2004) 507. ......tiffs in the disputed property and decreed the suit and further held that the disput­ed property is not vested property. The defen­dant Nos. 1 and 2 took an appeal to the Court of District Judge being Title Appeal No. 164 of 1989 and the Court of Appeal dismissed the appeal and affirmed ..

Category: Property Law | Date: | Hits: 82

Kanai Lal Roy Vs. Swaraswati Roy and ors., 2002, 31 CLC (AD)

....nity to die concerned party to produce the will itself in question and prove it by adducing evidence. No order as to costs. Ed. This Case is also Reported in: 1 ADC (2004) 505. ......) No. 246 of 1996, allowing the appeal on compromise and granting probate upon the disputed will and thereby setting aside the judgment and order dated 20.05.1996 passed by the Additional District Judge, 1st Court, Barisal in Probate Case No. 02 of 1992, refusing to grant probate of the last wil..

Category: Property Law | Date: | Hits: 74

Hafiz Md. Shamsul Alam & others Vs. Musleuddin Ahmed & others, 2004, 33 CLC (AD)

....re guilty of subletting and hence the impugned judgment requires interference by us. The appeal, therefore, is allowed with costs. Ed. This Case is also Reported in: 1 ADC (2004) 488. ......months in terms of the agreement dated 01.08.1961 and April 28, 1971 and as such they are not liable to be evicted on the ground of default in the pay­ment of rent. 5. The learned S.S.C Judge dismissed the suit. Being aggrieved the plaintiff-appellants moved the High Court Division in..

Category: Property Law | Date: | Hits: 23

Abdul Wahab Vs. Khoka Miah, 2002, 31 CLC (AD)

....bmission the appeal is allowed. Parties will take step for disposal of the writ petition No. 3968 of 1998 as soon as possible. Ed. This Case is also Reported in: 1 ADC (2004) 480. ......ondent No. 1 are litigating against the Dhaka City Corporation for allotment of shop No.G-98, Block-G in Dhaka New Market by filling Title Suit No. 33 of 1999 in the Court of Additional Assistant Judge, Dhaka and the Proceeding of the said suit having been stayed by the respondent No.1 on th..

Category: Procedural Law | Date: | Hits: 78

Deputy Commissioner, Dhaka and other Vs. Abdul Hakim, 2002, 31 CLC (AD)

....al is allowed. The judgment of the lower appellate court is restored and the suit is dismissed. There is no order as to costs. Ed. This Case is also Reported in: 1 ADC (2004) 473. ......il Revision No. 1365 of 1997 passed by the High Court Division making the Rule absolute. 2. The plaintiff respondent No.1, Abdul Hakim filed Title Suit No. 60 of 1993 in the court Assistant Judge, First Court, Dhaka pray­ing for permanent injunction against the defen­dant Governme..

Category: Property Law | Date: | Hits: 22

Giasuddin Quader Chowdhury Vs. ABM Fazle Karim Chowdhury and others, 2002, 31 CLC (AD)

....Any person aggrieved by a decision of the High Court Division may within thirty days of the announcement of the decision appeal to the Appellate Division (if it grants leave to appeal.) ......t Division suo moto fixed the matter for hearing of the said issue of Maintainability. However, after several adjournments of the case, the said Issue No.1 was finally heard and the learned single Judge of the High Court Division dismissed the Election Petition by the impugned judgment. ..

Category: Election Law | Date: | Hits: 312

Anu Miah and others Vs. Gauranga Chandra Sharma and others, 2002, 31 CLC (AD)

.... the High Court division. In the result, we find no merit in this appeal and it is dismissed without any order as to cost. Ed. This Case is also Reported in: 1 ADC (2004) 462. ......ed 4-5-1995 passed by the High Court Division making the Rule absolute in Civil Revision No. 3022 of 1992 upon setting aside the judgment and order dated 17-10-92 passed by the Additional District Judge, 4th Court, Comilla allowing the Title Appeal No. 284 of 1990 and reversing those of dated 20..

Category: Property Law | Date: | Hits: 27

Anowara Begum Vs. State, 2004, 33 CLC (AD)

....al and thereby affirming the framing of charge against the appellant by the trial court. The appeal is accordingly allowed. Ed. This Case is also Reported in: 1 ADC (2004) 459. ......9 of the Cruelty to Women (Deterrent Punishment) Ordinance, 1983 against M.A Malik and final report against oth­ers. The informant filed a naraji petition and after hearing, the learned Special Judge took cognizance in the case under section 6/9 of the Cruelty to Women (Deterrent Punishment)..

Category: Criminal Law | Date: | Hits: 64

Abdul Hoq Sikder and 2 others Vs. State, 2002, 31 CLC (AD)

.... this division and as such this review petition merits no con­sideration. Accordingly, this review petition is dismissed. Ed. This Case is also Reported in: 1 ADC (2004) 458. ......9 passed by the Single Bench of the High Court Division in Criminal Appeal No. 466 of 1995 dismissing the same by affirming the judgment and order dated 31.01.1995 passed by the Divisional special Judge, Khulna Division, Khulna in Special Case No. III of 1994 arising out Kotawali (Barisal) Polic..

Category: Criminal Law | Date: | Hits: 44

Md. Mosharraf Hossain Vs. Daulat Ahmed and ors., 2002, 31 CLC (AD)

....Lakshmipur, in Miscellaneous Appeal No.2 of 1993 is restored. The prayer for pre-emption is rejected. There is no order as to costs. Ed. This Case is also Reported in: 1 ADC (2004) 445. ......ngle Bench of the High Court Division in Civil Revision No. 2801 of 1994 making the Rule absolute. The Rule was obtained against the judgment and order of July 17, 1994 of the court of the District Judge, Lakshmipur in Miscellaneous Appeal No. 2 of 1993 allowing the same and thereupon setting as..

Category: Property Law | Date: | Hits: 44

Mujibul Haque Vs. Lokman Mia, 2002, 31 CLC (AD)

....third case with completely now facts which cannot be considered and decided in review. The petition is therefore dismissed. Ed. This Case is also Reported in: 1 ADC (2004) 431. ......e of the trial court dismissing the suit. The respondent, against the decree of the lower appellate court, filed Civil Revision No. 5089 of 1991 and the same was made absolute by the learned Single Judge by the judgment and order dated 19.3.1997. 4. Being aggrieved the respondent filed Ci..

Category: Property Law | Date: | Hits: 20

Administrator, Gammon Bangladesh Ltd. Vs. Tota Mia and others, 2002, 31 CLC (AD)

....is hardly any ground for allowing the appeal. Accordingly, the appeal is dismissed with­out any order as to costs. Ed.  This Case is also Reported in: 1 ADC (2004) 427. ......out of F.A.T. No. 176 of 1993 earlier discharged by the High Court Division. 2. The respondent No.1 as plaintiff institut­ed Money Suit No. 55 of 1987 in the Second Court of Subordinate Judge, Dhaka praying amongst other for a decree for realization of Tk. 5,86,701.66. The said suit ..

Category: Procedural Law | Date: | Hits: 94

Janata Bank Vs. Abdus Salam, 2003, 32 CLC (AD)

....udg­ment and decree dated 4.9.94 passed by the High Court Division in F. A. No. 68 of 1988 is hereby set aside and the suit is dismissed. Ed. This Case is also Reported in: 1 ADC (2004) 406. ....... 4. The plaintiff examined himself as P.W.1 and the defendant-appellant bank examined one of its officers as D.W.1. After considering the pleadings and evidence on record the learned Subordinate Judge and commercial Court No. 2, Dhaka was pleased to dismiss the suit without any order as to cost..

Category: Civil Law | Date: | Hits: 79

Khondoker Mobarak Ali Vs. Jahanara Begum and others, 2003, 32 CLC (AD)

..... Accordingly, the appeal is dismissed with­out any order as to costs. The suit has rightly been dismissed. Ed. This Case is also Reported in: 1 ADC (2004) 401. ...... Ex-parte- Respondent Nos. 2-8. Civil Appeal No. 46 of 2001. (From Judgment and order dated 26.4.1995 Passed by the High Court Division in Civil Revision No. 914 of 1987). Judgement               ..

Category: Property Law | Date: | Hits: 26

Kanai Lal Roy Vs. Roy Swaraswati and ors, 2002, 31 CLC (AD)

....o the concerned party to produce the will itself in question and prove it by adducing evidence. No order as to costs. Ed. This Case is also Reported in: 1 ADC (2004) 399. ...... 246 of 1996, allowing the appeal on compromise and grant­ing probate upon the disputed will and thereby setting aside the judgment and order dated 20.05.1996 passed by the Additional District Judge, 1st Court, Barisal in Probate Case No. 02 of 1992, refusing to grant probate of the last wil..

Category: Civil Law | Date: | Hits: 114

Sonali Bank Vs. Md. Sirajul Hoque Chowdhury and oth­ers, 2004, 33 CLC (AD)

.... 4 as the defendants along with oth­ers. Accordingly the appeal is dismissed. There is no order as to costs. Ed. This Case is also Reported in: 1 ADC (2004) 394. ......Division passed in Civil Order No. 1383 of 1997 rejecting the revisional application summarily. The revisional application was filed against the order dated 19. 2. 1997 of the Court of Subordinate Judge and Artha Rin Adalat, Jessore allowing an application filed under order 1 Rule 10 (2) of the ..

Category: Civil Law | Date: | Hits: 121

Shanti Ranjan Das Vs. Khalilur Rahman Bhuiyan & others, 2002, 31 CLC (AD)

....gent reason to interfere with the judgment of the High Court Division. Accordingly, the appeal is dismissed with cost. Ed. This Case is also Reported in: 1 ADC (2004) 387. ......80 was proved by the scribe P.W.4, namely, Jatindra Paul and since no suggestion with respect to insertion of the word 'Bhadra' and the corre­sponding date was given to him, the learned Single Judge of the High Court Division com­mitted illegality in holding that those were sub­seque..

Category: Property Law | Date: | Hits: 31

Tariqul Islam Vs. State, 2002, 31 CLC (AD)

....gally sustained. For the above reasons, we fined substances in both the appeals and accordingly both the appeals are allowed. Ed. This Case is also Reported in: 1 ADC (2004) 351. ......ch of the High Court Division in Criminal Revision No.791 of 2000 summarily rejecting the appellants revisional application filed against the order dated 19.7.2000 passed by the Additional Sessions Judge, Court No.1 Jessore in Sessions Case No.105 of 2000 which arose out of Jessore Kotwali P.S C..

Category: Criminal Law | Date: | Hits: 47

Sheikh Ahmed Showdagar and oth­ers Vs. Mostafizur Rahman and another, 2002, 31 CLC (AD)

....sion made above we do not find merit in this appeal. Accordingly the appeal is dismissed with­out any order as to costs. Ed. This Case is also Reported in: 1 ADC (2004) 326. ......ust 2, 1994 in First Appeal No. 717 of 1991 of a Division Bench of the High Court Division allowing the appeal upon reversing the judgment and decree dated July 25, 1989 of the Court of Subordinate Judge, Patiya, Chittagong, in other suit No. 29 of 1986 decreeing the same. The plaintiffs filed t..

Category: Property Law | Date: | Hits: 24