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Narayan Chandra Das and others Vs. Abdur Jabbar Dewan and others, 2000, 29 CLC (AD)

.... the petitioner is a good point for granting lease, the petition is dismissed. Ed. This Case is also Reported in: 52 DLR (AD) (2000) 35.   ......      Mustafa Kamal J.- The plaintiff-petitioners’ suit, Title Suit No. 15 of 1989, for declaration of title to the suit land was dismissed by the learned Assistant Judge, Kaliganj by judgment and decree dated 30 04-92 which was affirmed on appeal. Title Appeal N..

Category: Property Law | Date: | Hits: 73

Abdul Kader Khalifa Vs. Saju Bibi and others , 2000, 29 CLC (AD)

....rcumstances of the case we do not find any illegality in the impugned judgment. The petition is, therefore, dismissed. Ed. This Case is also Reported in: 52 DLR (AD) (2000) 34. ...... Appeal No.18 of 1975). Judgment       Md. Abdur Rouf J.- Defendant No. 17 “Ka” of Title Suit No. 188 of 1970 (Partition) of the Court of Subordinate Judge, First Court, Barisal has preferred this petition for leave to appeal from the judgment and o..

Category: Property Law | Date: | Hits: 51

Hazera Khatun Vs. Dr. Md. Enayetullah, 2000, 29 CLC (AD)

.... discharged also on that ground correctly by the High Court Division. On the above grounds we dismiss this petition. Ed. This Case is also Reported in: 52 DLR (AD) (2000) 33. ......e High Court Division discharging the Rule issued in Civil Revision No. 3536 of 1998. 2. Respondent before us as plaintiff instituted Title Suit No. 141 of 1981 in the Court of Subordinate Judge, 3rd Court, Dhaka, for ejectment of the petitioner from the suit premises. The petitioner al..

Category: Property Law | Date: | Hits: 87

Mirza Abdul Hakim, Son of Jamal Mondal and others Vs. State, 2000, 52 CLC (AD)

.... and they are acquitted of the same. The appellants be set at liberty forthwith if not wanted in any other connection. Ed. This Case is also Reported in: 52 DLR (AD) (2000) 14. ......a Single Bench of the High Court Division in Criminal Revision No. 234 of 1992 discharging the Rule and affirming the judgment and order dated 28- 10-1991 passed by the learned Additional Sessions Judge, Bogra in Criminal Appeal No. 98 of 1983 and the order of conviction and sentence passed by t..

Category: Criminal Law | Date: | Hits: 92

AKM Jamaluddin & others Vs. Mantu Lal Majumder, 1997, 26 CLC (AD)

....t to the plaintiff-petitioners we do not think that it is a fit case for interference. The petition is dismissed. Ed. This case is also reported in: 49 DLR (AD) (1997) 150 ......tained an ex parte decree against the defendant. respondent against which the respondent filed Miscellaneous Case No. 11 of 1992 under Order IX rule 13 CPC which was allowed by the Senior Assistant Judge, 1st Court, Chittagong by judgment and order dated 29-10-92 on the ground that although the ..

Category: Procedural Law | Date: | Hits: 118

Ansarul Haque Vs. Abdur Rahim and 4 others, 1997, 26 CLC (AD)

....t’s the special circumstance of this particular case. The petition is, accordingly, dismissed. Ed. This case is also reported in: 49 DLR (AD) (1997) 145 ......nd under section 411 against respondent No. 2 on 28-4-84 in the aforesaid GR Case. 4. On 28-2-85 respondent No. 2 instituted Money Suit No. 8 of 1985 in the First Court of Subordinate Judge, Dhaka against the petitioner claiming Taka 35, 59,102.40 being his dues Out of the said Air ..

Category: Criminal Law | Date: | Hits: 93

Primal Ranjan Das Vs. Nasima Khatun, 1997, 26 CLC (AD)

....t this stage because the question was never raised either in appeal or in revision. The petition is, accordingly, dismissed. Ed. This case is also reported in: 49 DLR (AD) (1997) 144 ...... ATM Afzal CJ: This petitioner by the defendant-petitioner, a monthly tenant in the suit premises, arises Out of a suit for his eviction, Title Suit No. 146 of 1990 of the First Court of Assistant Judge, Khulna, filed by the plaintiff-respondent alleging default in payment of rent and bonafide re..

Category: Tenancy Law | Date: | Hits: 70

Sorbesh Ali and anr. Vs. Jarina Begum and anr., 1997, 26 CLC (AD)

.... his submissions were not considered by the learned Judge of the High Court Division. The petition is dismissed. Ed. This case is also reported in: 49 DLR (AD) (1997) 143 ...... for 6 months and a fine of TK 5,000.00 each, in default to rigorous imprisonment for two months more by the Additional District Magistrate, Jamalpur which were affirmed by the Additional Sessions Judge in Criminal Appeal No. 55 of 1986. The petitioners took a revision (Criminal Revision No. 574..

Category: Criminal Law | Date: | Hits: 53

Abdur Rahman (Md) Vs. Md. Iqbal Ahmed and others, 1997, 26 CLC (AD)

....e benefits of the decree obtained after protracted litigation. The petition is, therefore, dismissed. Ed. This case is also reported in: 49 DLR (AD) (1997) 142 ...... behalf of defendant Nos. 1-7 a kabala in favour of the plaintiff. The decree-holder then put the d into execution in Title Execution No. 94 of 1967 which was on transfer to the court of Assistant Judge, Chunarughat renumbered as Title Execution Case No. 5 of 1989. During the pendency of this ca..

Category: Property Law | Date: | Hits: 84

Abdul Kaiyum (Md) Vs. Krishnadhan Banik being dead, his heirs Bijan K Banik & ors, 1997, 26 CLC (AD)

....ugned judgment or in the revision petition before the High Court Division. The petition is dismissed. Ed. This case is also reported in: 49 DLR (AD) (1997) 140 ...... decision. Now this petition for leave to appeal from the same. 2. Facts of the case, briefly, are that the petitioner filed Title Suit No. 17 of 1991 in the Fourth Court of Assistant Judge, Narayanganj against respondent Nos. 2-5 for specific performance of contract. The suit was d..

Category: Property Law | Date: | Hits: 64

Nur Islam (Md) Vs. Agrani Bank, 1995, 24 CLC (AD)

.... such a situation. The application under section 151 is found to have been rightly dismissed. This petition is dismissed. Ed. This case is also reported in: 49 DLR (AD) (1997) 135.   ......ily dismissing his application under section 151 CPC in Civil Order No. 1074 of 1994. 2. Against the petitioner Money Suit No. 9 of 1992 was tiled in the Court of Artha Rin Adalat and Subordinate Judge, Jamalpur, by the respondent Agrani Bank, Jamalpur, for realisation of its dues of Taka 3 lakh..

Category: Civil Law | Date: | Hits: 120

Abdul Khaleque and Others Vs. Md. Hanif and Others, 1997, 26 CLC (AD)

.... can be made on the merit as well. The petition is dismissed and the stay order granted earlier is hereby vacated. Ed. This case is also reported in: 49 DLR (AD) (1997) 134 ......                    Latifur Rahman J: In Anti-Terrorism Case No. 4 of 1994 before the Court of Sessions Judge and Anti-Terrorism Tribunal, Comilla, an application was filed by the Public Prosecutor on b..

Category: Criminal Law | Date: | Hits: 63

Abdur Rouf (Md) Vs. Abdul Hamid and others, 1997, 26 CLC (AD)

....tted any illegality in affirming the decision of the trial Court. The petition is dismissed. Ed. This Case is also Reported in: 1 MLR (AD) 1996, 423, 49 DLR (AD) (1997) 133 ......71 of 1989 under section 9 of the Specific Relief Act for restoration of possession of his suit shop by evicting defendant No. 1 Md. Abdur Rouf and the suit was decreed by the Additional Assistant Judge, Sylhet, Sadar. On 31-5-1989, a earned Single Judge of the High Court Division in Civil Revis..

Category: Property Law | Date: | Hits: 61

Shamsul Arafin Khan Vs. Kazal Miah and others, 1997, 26 CLC (AD)

.... the appellant. Accordingly, the appeal is allowed and the impugned order set aside without any order as to costs. Ed. This case is also reported in: 49 DLR (AD) (1997) 175 ......t:       Latifur Rahman J: This Appeal following leave by the appellant who was an election petitioner, calls in question the judgment and order passed by a Single Judge of the High Court Division in Civil Order No. 2474 of 1996 on 20-8-96 setting aside the order..

Category: Others | Date: | Hits: 87

Sirajul Islam Chowdhury and others Vs. Md. Jainal Abedin & ors., 1997, 26 CLC (AD)

....age. The defendant- appellants are directed to pay the said amount within one month. There will be no order as to costs. Ed. This case is also reported in: 49 DLR (AD) (1997) 164 ......ts in assessing the quantum of damages sustained by the plaintiff The plaintiff-respondent’s Money Suit No. 84 of 1986 for compensation and damages was decreed by the 2nd Court of Subordinate Judge, Chittagong by judgment and decree dated 20.9-90 for Taka 88,78, 800.00, affirmed on appeal, ..

Category: Admiralty Law or Maritime Law | Date: | Hits: 213

Shamsuddin Ahmed Chowdhury Vs. State and another, 1997, 26 CLC (AD)

....ourt Division did not commit any illegality in discharging the Rule. The appeal is dismissed. Ed. This Case is also Reported in: 2 MLR (AD) 1997, 119, 49 DLR (AD) (1997) 159 ......8-12-84 accepted the charge sheet. The appellant thereafter filed a revisional application against the order of accepting the charge sheet being Criminal Motion No. 875 of 1984 before the Sessions Judge, Chittagong and the Additional Sessions Judge, Second Court Chittagong rejected the motion on..

Category: Criminal Law | Date: | Hits: 72

Sayeed Farook Rahman Vs. Sessions Judge of the Court of Sessions, Dhaka & other, 1997, 26 CLC (AD)

.... substantial point of law which calls for granting of leave for detailed consideration. The petition is dismissed. Ed. This case is also reported in: 49 DLR (AD) (1997) 157 ......hellip;…………………………………………………. Petitioner Vs. Sessions Judge of the Court of Sessions, Dhaka & other…………… Respondent..

Category: Constitutional Law | Date: | Hits: 179

State Vs. Abdul Khaleque alias Abdul Khaleq Howlader, 1997, 26 CLC (AD)

....nt Bench. The respondent will continue to remain on the same bail already granted to him till the disposal of the appeal. Ed. This case is also reported in: 49 DLR (AD) (1997) 154 ...... judgment The learned Advocate has submitted that none of the more substantial points in favour of the respondent, in fact, no argument made by him was even noticed in the judgment and the learned Judges decided the appeal from their own point of view. The condemnation of the impugned judgment i..

Category: Criminal Law | Date: | Hits: 77

Chairman, Chittagong Port Authority & another Vs. Ministry of Defence and others, 1997, 26 CLC (AD)

....s No. 5, 6 & 7 and all other concerned authorities are directed to give effect to this order immediately.” Ed. This case is also reported in: 49 DLR (AD) (1997) 152 ......e-on-Record-For Respondent No. 7. Ex parte—Respondent Nos. 3-6, 8. Civil Appeal No. 75 of 1992. (From the Judgment and decree dated January 30, 1992 passed by Admiralty Judge of the High Court Division in Admiralty Case No. 27 of 1991). Judgment:  &..

Category: Admiralty Law or Maritime Law | Date: | Hits: 184

Safaruddin and others Vs. Fazlul Huq and others , 1997, 26 CLC (AD)

....round for interference with the impugned order of the High Court Division. This petition is, therefore, dismissed. Ed. This case is also reported in: 49 DLR (AD) (1997) 151 ......s of several registered Kabalas of the year 1978. They further plead that the suit was bad for defect of party and also non inclusion of all joint properties. 4. The learned Senior Assistant Judge, Third Court, Kapasia dismissed the Suit on 30 July 1994. Upon appeal therefrom being Title ..

Category: Property Law | Date: | Hits: 71