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A.H.M. Quamruzzaman and others Vs. Rajdhani Unnayan Kartripakkha (RAJUK), 2008, 37 CLC (AD)
....ondents are directed to ensure the same by implementing their undertaking. With this observation the leave petition is disposed of. Ed. This Case is also Reported in: VI ADC (2009) 316. ......affic jam. 13. The record available with the RAJUK appears that Muktijoddha Punarbashon Bohumukhi Samabaya Samity Limited is the owner of the said piece of land and the building and on their application RAJUK approved the plan for construction of the building in the said land. There is no..Category: Property Law | Date: | Hits: 38
Md. Sulder Ali and another Vs. Md. Rahim Baksh and another, 2007, 36 CLC (AD)
....ided the case on correct principle of law and fact. We find no merit in this petition which is accordingly dismissed. Ed. This Case is also Reported in: VI ADC (2009) 312. ......e-emption, his ceiling will not exceed. 4. The pre-emptee petitioner No. 1 contested the miscellaneous Case by filing written objection denying all the material allegations made in the application for pre-emption. The case of the pre-emptee petitioner No. 1 in short is that the pre-e..Category: Property Law | Date: | Hits: 33
AMM Ali Ashraf Vs. Nurun Rashid Chowdhury, 2007, 36 CLC (AD)
....ions of the learned Counsel for the petitioners. Accordingly, the petition is dismissed without any order as to costs. Ed. This Case is also Reported in: VI ADC (2009) 307. ......d 24.03.1994 allowed the appeal setting aside the judgment and decree of the Trail Court and declared the title of plaintiff over the schedule land. 5. The defendants as petitioners filed an application under Section 115(1) of the Code of Civil Procedure against the said judgment and decre..Category: Property Law | Date: | Hits: 32
Md. Ashraful Alam Vs. Md. Nazrul Islam, 2008, 37 CLC (AD)
....by the learned Advocate for the petitioner found to have no merit and accordingly, the petition for leave to appeal is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 305. ......dated 07-01-2003 reversing the judgment and decree of the trial Court, allowed the appeal and dismissed the suit. Against which, the heirs of deceased, plaintiff Jobeda Bewa field a revisional application under Section 115 (1) of the Code of Civil Procedure before the High Court Division. Th..Category: Procedural Law | Date: | Hits: 77
Bangladesh Vs. Chairman, 1st Court of Settlement, Segunbagicha, Ramna, Dhaka, 2003, 32 CLC (AD)
.... Division in the Writ Petition No. 1370 of 1994. In the result, the appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: II ADC (2005) 346. ......as to whether the original owner was present in Bangladesh or his whereabouts were known when the President's Order 16 of 1972 was promulgated. 2. Respondent No. 2, Md. Ziaul Islam filed an application under section 7 of the Abandoned Buildings (Supplementary Provisions) Ordinance, 1985 f..Category: Property Law | Date: | Hits: 38
Md. Shaha Alam Vs. Musammat Farida Begum, 1997, 26 CLC (AD)
....the courts below on the grounds mentioned in section 115 CPC, the High Court Division has no jurisdiction to disturb the final findings of facts. It cannot superimpose itself as a third court for fresh appreciation of evidence. That is not its function in the revisional jurisdiction.................rders as to costs, the judgment and decree of the lower appellate court are hereby restored. Ed. This Case is also Reported in:II ADC (2005) 343; 2 MLR (AD) 153; 2 BLC (AD) 92; 17 BLD (AD) 145. ..Category: Family Law | Date: | Hits: 180
Danish Ali & others Vs. Mrs. Sakina Bai & ors., 1998, 27 CLC (AD)
....ever, any order as to cost. The impugned Judgment of the High Court Division is set aside and that of the trial court is restored Ed. This Case is also Reported in: II ADC (2005) 342. ......aid Misc Case, under Order IX Rule 13 C.P.C. for setting aside the said ex parte decree on the ground of fraud and non service of summons. In the said Misc. Case the plaintiffs on 28.1.94 filed an application seeking for a direction upon defendant No. 1 Sakina Bai Soleman to make her per&sh..Category: Procedural Law | Date: | Hits: 96
Surendra Nath Sarkar and another Vs. Md. Jalil Shaikh, 1997, 26 CLC (AD)
....High Court Division is set aside and the Judgment and order passed by the learned district Judge in the Misc. Case in question is restored. Ed. This Case is also Reported in: II ADC (2005) 338.......dent Nos. 1-4 then preferred Title Appeal No. 91 of 1990 in the Court of District Judge, Rajbari against the said decree. The appeal was dismissed for default on 20.11.91. Those defendants filed an application under order XLI Rule 19 of the Code of Civil Procedure, Misc. Case No. 1 of 1992, for re..Category: Limitation Law | Date: | Hits: 166
Md. Badruzzaman Vs. Begum Shamima Naz Siddique and others, 1998, 27 CLC (AD)
.... set aside and the order of the learned Assistant Judge dated 13 August 1987 in Miscellaneous Case No. 2 of 1986 be restored. Ed. This Case is also Reported in: II ADC (2005) 331. ......uit. 2. One Khairunnessa was the sole defendant in the suit which was for declaration of title. She entered appearance and filed a written statement. On 20 July 1985 one Nurul Islam filed an application for recording abatement of the suit informing that Khairunnessa had died on 28 December..Category: Property Law | Date: | Hits: 31
Bangladesh and others Vs. Jahangir Alam and others, 1998, 27 CLC (AD)
....impugned judgment of the High Court Division as well as the order of temporary injunction passed by the trial court are set aside. Ed. This Case is also Reported in: II ADC (2005) 318. ......heries for another 3 years from 1404-1406 B.S. But the relevant authority allowed his prayer only with respect to Beki beel and Feni beel situated within Kishorgonj District. He filed a review application in the concerned Ministry. But while his review petition had been under the proces..Category: Property Law | Date: | Hits: 34
Sonali Bank Vs. M/S Beg and Beg Jute Incorporated Ltd. & others, 1997, 26 CLC (AD)
.... this particular case as already noticed we think that no interest should be paid on this score. The appeal is allowed without any order as to costs. The trial Court is directed to draw up a fresh decree in terms of this judgment. Ed. This Case is also Reported in: II ADC (2005...... appeal is allowed without any order as to costs. The trial Court is directed to draw up a fresh decree in terms of this judgment. Ed. This Case is also Reported in: II ADC (2005) 286. ..Category: Property Law | Date: | Hits: 28
Mrs. Nirmala Bala Das Vs. Ganesh Chandra Dhupi, 1998, 27 CLC (AD)
.... impugned judgment and order of the High Court Division are set aside and the judgment and decree of the lower appellate court are restored. Ed. This Case is also Reported in: II ADC (2005) 274.......Plaintiff got the settlement as far back as on 15 Chaitra 1355 B.S. which corresponded to March, 1948 but the Non-agricultural Tenancy Act, 1949 came into force on 20th October, 1949. As such its application in respect of the suit property does not arise at all. Undisputedly Gopalgonj Pourashav ..Category: Tenancy Law | Date: | Hits: 163
Md. Awlad Hossain and another Vs. Joynab Bibi and another, 2004, 33 CLC (AD)
.... set aside but with the warning that the appellants in future should be respectful while addressing, communicating or dealing with the Court. Ed. This Case is also Reported in: II ADC (2005) 256.......in Criminal Misc. (Contempt) Case No. 3861 of 1997). Judgment Md. Tafazzul Islam J. - This appeal by leave arises out of the judgment dated 25.3.1999 passed by the High Court Division in review application which arose out of the judgment dated 8.3.1999 passed in Criminal Misc. (Contempt) Cas..Category: Criminal Law | Date: | Hits: 51
Tafijul Huq Sarker Vs. Bangladesh and others, 1998, 27 CLC (AD)
....er be sent back on remand to the High Court Division for disposal on merit. There shall be no order as to costs. Ed. This Case is also Reported in: II ADC (2005) 254; 4 MLR (AD) 1999, 19. ......gle Bench of the said court issued a Rule therein and stayed operation of the appellate judgment. When the revision case was pending respondent Nos. 3 and 4 filed before the Administrator of Waqfs an application under sub-section (1) of section 32 of the Waqfs Ordinance, 1962, hereinafter referred t..Category: Trust/Waqf Law | Date: | Hits: 190
Md. Shamsul Haque Vs. Salenullah and others, 2003, 32 CLC (AD)
.... risk or chance of any conflicting decision. In view of the above, this appeal is allowed without any order as to cost. Ed. This Case is also Reported in: II ADC (2005) 233. ......l Karim J. - This appeal by leave is directed against the impugned judgment and order dated March 1, 1992 passed by the High Court Division in Civil Order No. 944 of 1992 summarily rejecting of the application under section 115(1) of the Code of Civil Procedure holding that the proposed amendment ..Category: Procedural Law | Date: | Hits: 38
Dhaka Water Supply & Swearage Authority and others Vs. Matiar Rahman, 2001, 30 CLC (AD)
....d find no substance in the contentions upon which leave was obtained by the appellant WASA. This appeal is dismissed with costs. Ed. This Case is also Reported in: II ADC (2005) 231. ...... of his suspension from service vide memo. No. 2026 issued on the same date on 5.11.90 was illegal and without jurisdiction. 9. Trial Court also noticed that the plaintiff submitted an application objecting to the appointment of Abdul Baki Chowdhury as one of the members of the enqui..Category: Employment/Service Law | Date: | Hits: 73
Trading Corporation of Bangladesh Vs. Kazi Abdul Hye, 1997, 26 CLC (AD)
....Officer. The trial Court also considered the other submissions of the plaintiff, rejected the same and dismissed the suit. 6. On appeal, the High Court Division discussed the evidence afresh and found that the plaintiff has been able to prove the occurrence of dacoity on the basis of......alleged and accordingly lodged an F.I.R. against the plaintiff alleging an offence under section 409 of the Penal Code. The plaintiff with a view to misdirecting the course of justice filed an application to the C.I.D. for taking up the investigation on the F.I.R. lodged by him without ..Category: Employment/Service Law | Date: | Hits: 69
Falguni Majumder Vs. Mokbul Hossain Biswas & ors., 1998, 27 CLC (AD)
.... as well as the judgment and order dated 12.5.92 are set aside and the judgment and order of the lower appellate court is restored. Ed. This Case is also Reported in: II ADC (2005) 203. ...... by the learned Subordinate Judge Nowabgonj in Misc. Appeal No. 48 of 1988 reversing the order dated 13.12.86 passed by the learned Munsif, Nowabgonj in O.C. Suit No. 231 of 1986 rejecting an application filed by the present appellant under Order 22 Rule 10 CPC for being substituted in..Category: Property Law | Date: | Hits: 30
Mohammad Ali Akhand Vs. Bahatan Nessa Bewa and others, 1997, 26 CLC (AD)
....order of remand of the High Court Division is set aside and the judgment and decree of the lower appellate court are restored. Ed. This Case is also Reported in: II ADC (2005) 195. ......endency of the appeal the said defendatns filed two pieces of amalnauia and also thirteen pieces of rent receipts to show their alleged settlement in favour of Mofatullah and Harop Ali and made an application for acceptance of the said documents as additional evidence. The learned District ..Category: Procedural Law | Date: | Hits: 63
Askar Ali & anr Vs. Shamsul Islam alias Md. Shamsuddin and others, 1997, 26 CLC (AD)
....s disposed of the above terms without any order at to cost. Let this order be communicated to the courts concerned at once. Ed. This Case is also Reported in: II ADC (2005)180. ......r dated November 21, 1995 passed by the High Court Division, Dhaka in Civil Revision No. 2889 of 1995). Judgment ATM Afzal CJ. - This appeal, by leave, by the plaintiffs arises out an application under section 10 of the Code of Civil Procedure filed by the defendant respondents in T..Category: Property Law | Date: | Hits: 27
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