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Sova Rani Guha alias Sova Rani Gupta Vs. Abdul Awal Mia and others, 1995, 24 CLC (AD)
....o. 327 of 1980 decreeing the respondent‑plaintiffs' suit in part. 2. Respondent Nos. 1‑3 filed the suit, Title Suit No. 11 of 1972 of the Court of Subordinate Judge, Patuakhali, for partition claiming 0.3077 acres in the suit property and for a declaration that the compromise ......art. 2. Respondent Nos. 1‑3 filed the suit, Title Suit No. 11 of 1972 of the Court of Subordinate Judge, Patuakhali, for partition claiming 0.3077 acres in the suit property and for a declaration that the compromise decree in Title Suit No. 145 of 1954 of the First Court of Munsif, ..Category: Property Law | Date: | Hits: 51
Rabjel Mondal Vs. Didar Mondal and others, 1994, 23 CLC (AD)
....ift (Hiba) and gift of usufruct, ariyal in Muslim Law, stemming from some basic distinctions between the concept of property in English law and Muslim Law. Where corpus of the property is transferred for life time and the conditions are attached thereto, the gift is valid but the conditions are void......13 of 1975 modifying those dated 27.3.75 passed by the learned Munsif, 1st Court, Kushtia in Title Suit No. 444 of 1969. 2. The appellant's mother Suhagi Bewa as plaintiff filed the suit for declaration of title to the entire land of plot No. 2395, for partition and for recovery of possessi..Category: Property Law | Date: | Hits: 146
Syed Mohammad Salem Azam and others Vs. Secretary, Ministry of Works, Govt. of BD, 1995, 24 CLC (AD)
....tly purchased the premises in dispute appertaining to plot No. 2039, Mouza Sutrapur, Bogra Khatian old 81 and new 137 consisting of 0.6250 acres from its owner Al‑haj Habibur Rahman Chowdhury for Taka 85,000.00 in equal shares. They constructed a two‑storied building thereon, mutated......No. 4 by a registered sale deed through Court on 17.8.82, which is still pending. On 25.8.82 respondent No. 4 filed a petition before respondent No. 1, the Secretary, Ministry of Works praying for declaration of the 50% share of the premises belonging to the deceased father of the appellants as ..Category: Property Law | Date: | Hits: 62
Grihayan Limited Vs. Government of Bangladesh, 1994, 23 CLC (AD)
....roject, Mohua, is within the Master Plan of the DIT prepared and approved in the Fifties. Within this Master Plan Area all future development and construction, both public and private, shall be in conformity with the Master Plan, as specially laid down in section 74(3) of the Town Improvement Act, 1......ation mentioned in the award under section 7 has been paid or is deemed to have been paid in pursuance of section 10. Section 11 also provides that immediately after the acquisition of the property a declaration by the Deputy Commissioner in the prescribed form to that effect shall be published in t..Category: Property Law | Date: | Hits: 79
Babul Kanti Das and others Vs. Abul Hashem and others, 1995, 24 CLC (AD)
....Bazar in Miscellaneous Appeal Nos. I and 2 of 1991 affirming those dated 29.11.90 passed by the learned Assistant Judge, Chakaria, Cox's Bazar in Other Suit No. 133 of 1990 allowing an application for both temporary and mandatory injunctions. 2. Plaintiff‑respondent No. 1 instituted......lowing an application for both temporary and mandatory injunctions. 2. Plaintiff‑respondent No. 1 instituted the suit against the appellants and defendant ‑ respondent No. 2 for declaration of title and recovery of possession after removing the pucca structures so far under co..Category: Civil Law | Date: | Hits: 106
Bangladesh Shipping Corporation and other Vs. Rakibuddin Ahmed and others, 1996, 25 CLC (AD)
....assed by a Division Bench of the High Court Division in Civil Revision No.1380 of 1991 discharging the Rule and thereby upholding the concurrent judgments and decrees of the Courts below in a suit for declaration. 2. In the year 1970, plaintiff Rakibuddin Ahmed was appointed Public Relati......d by a Division Bench of the High Court Division in Civil Revision No.1380 of 1991 discharging the Rule and thereby upholding the concurrent judgments and decrees of the Courts below in a suit for declaration. 2. In the year 1970, plaintiff Rakibuddin Ahmed was appointed Public Relations ..Category: Employment/Service Law | Date: | Hits: 77
Delwar Hossain Khan (Md) Vs. Dhaka Club Limited and another, 1996, 25 CLC (AD)
...., Advocate-on-Record For the Petitioner. Rokanuddin Mahmud, Senior Advocate, instructed by Sharifuddjn Chaklader, Advocate-on-Record— For the Respondents. Civil Petition for Leave to Appeal No. 630 of 1995. Judgment: ......ourt Division dated 13-11-95 passed in FMA No.209 of 1995 had lost its force. 2. The plaintiff-petitioner filed Title Suit No. 205 of 1995 in the 1st Court of Subordinate Judge, Dhaka for a declaration that letter No.1617/DC dated 24-8-95 issued by Dhaka Club Ltd., Defendant No.1 suspendi..Category: Property Law | Date: | Hits: 65
Fazle Karim and others Vs. Government of Bangladesh and others, 1995, 24 CLC (AD)
....……………..Other Parties Judgment January 30, 1995. Result: The petition is dismissed. The Code of Civil Procedure, 1908 (V of 1908), Order XLVII rule 1 Unless a prayer for review is based on the grounds mentioned in Order XLVII , rule 1 of the Code the Court will not ......e aforesaid Title Suit No.147 of 1984 leading to the appeal to this Division have been set out at length in the impugned judgment and need not be repeated here. The first prayer in the suit was for a declaration that required valid notices under section 5(1a) and 5(3) of the (Emergency) Requisition ..Category: Property Law | Date: | Hits: 80
Sec, Internal Resources Div., Min. of Finance & Chair, Vs. Nasrin Banu & 5 ors., 1996, 25 CLC (AD)
....irections. 2. The common case of all the writ petitioners as found in Writ Petition No. 21 of 1993 was that response to a Notification of the Ministry of Finance dated 3 1-12-89 they applied for various posts in the temporary Additional Benches of the Taxes Appeal Tribunal created by the ......rit petitioners on the ground that they are not Mujibnagar employees or on any other ground should not be declared to have been made without lawful authority and to be of no legal effect and why a declaration should not be made that they were entitled to be treated and considered as “surpl..Category: Constitutional Law | Date: | Hits: 161
Akhtar Banu Vs. Habibunnessa and others, 1996, 25 CLC (AD)
....Judge of the High Court Divisions in Civil Revision No.420 of 1985 making the Rule absolute and holding the Title Suit No. 245 of 1985 of the 3rd Court of Subordinate Judge, Dhaka abated as a whole for non-substitute of the heirs of deceased-defendant No.3, Aga Ali Hasan Raza, within time who ha......cts and circumstances of the present case. 3. To recall, briefly, the facts of the case, predecessor of the appellants, Akhtar Banu, instituted Title Suit No.9 of 1957 in the aforesaid Court declaration of title to and for recovery and confirmation of possession in certain parts of the sui..Category: Property Law | Date: | Hits: 70
Wazed Ali Sardar (Md) Vs. Md. Afsaruddin Sardar and others, 1996, 25 CLC (AD)
....er IX rule 13 of the Code of Civil Procedure as to non-service of summons upon the appellant. 2. Respondent No. 1 tiled Title Suit No.5 1 of 1970 in the Court of Subordinate Judge at Khulna for declaration of his title to the suit land measuring 11.64 acres. The suit was later on transfer......X rule 13 of the Code of Civil Procedure as to non-service of summons upon the appellant. 2. Respondent No. 1 tiled Title Suit No.5 1 of 1970 in the Court of Subordinate Judge at Khulna for declaration of his title to the suit land measuring 11.64 acres. The suit was later on transferred ..Category: Procedural Law | Date: | Hits: 133
Abul Bakar Siddique (Md) Vs. Additional Deputy Commissioner, Kurigam and others, 1996, 25 CLC (AD)
.... Rafiq-Ul-Huq, Senior Advocate (MA Advocate with him), instructed by Shamsul Siddique, Advocate-on-Record — For the petitioner. Shafique Ahmed, Advocate, instructed by Md. Ahab Hossain for M Nawab Au, Advocate-on-Record— For the Respondents. Civil Petition for Leave to ......5. The lower appellate Court on consideration of the evidence on record held that the school was shifted to Bijoyrarm Tobakpur with its original name and style and decreed the suit and also gave a declaration that the plaintiff is the, Head Master of the school. 6. In revision, a learned S..Category: Property Law | Date: | Hits: 63
Mahmudul Haque (Md) Vs. Md. Hedayetullah and others, 1996, 25 CLC (AD)
....ent Nos. 1-3 filed nomination papers on January 1, 1995 to respondent No. 4, the Returning Officer. 3. On the following day at the time of scrutiny Respondent No.1 raised an objection(in writing before the Returning Officer alleging that the appellant did not then attain 25 years of his age as pr......tion process starts from the Notification issued by the competent authority (in a parliamentary election or bye election, by the Election Commission) declaring election schedule and culminates in the declaration of result of election by a gazette notification. In the instant case the election proces..Category: Election Law | Date: | Hits: 129
Abdul Wadud Contractor and another Vs. Nazir Ahmed and others, 1996, 25 CLC (AD)
....p; Judgment: Md. Ismailuddin Sarker J: This appeal by the: plaintiff-appellants by leave granted by this court in Civil Petition for leave to Appeal No. 224 of 1986, is against the judgment and order dated 29-5-1986 passed by a......t, Chittagong in Title Suit No. 10 of 1976 renumbered as Title Suit No. 84 of 1984 rejecting the application for amendment of the plaint. 2. The appellants instituted the aforesaid suit for declaration of their title to, the suit property described in Scheduled ‘A’ to the plai..Category: Property Law | Date: | Hits: 52
Jamila Khatun Vs. Rustom Ali, 1996, 25 CLC (AD)
....mal J.- Appellant Jamila Khatun is the wife of respondent Rustom Au, On 6.1.86 she filed Family Court Case No.1 of 1986 in the Family Court and Upazila Munsif, Fulbaria against the respondent praying for balance dower money of Taka 250.00 and maintenance at the rate of Taka 500.00 per month for 11 y......limitation in filing suits by a Muslim for arrears of maintenance although Articles 128 and 129 of the First Schedule provide a period of 12 years each by a Hindu for arrears of maintenance and for a declaration of his right to maintenance respectively and the time from which period begins to run is..Category: Family Law | Date: | Hits: 198
Raziul Hasan Vs. Badiuzzaman Khan and others, 1996, 25 CLC (AD)
.... of Bangladesh, 1972, Article 104 i) In Government Service the question of due promotion and seniority are very important matters and a person who enters Govt. Service always thinks that if he performs his duty with honesty, sincerity and dedication his promotion and seniority is secured……â€......sed by the Member, Administrative Tribunal, Dhaka, in Administrative Tribunal Case No. 264 of 1990. 2. Respondent No. 1 filed Administrative Appellants Tribunal Case No. 264 of 1990 praying for a declaration that he has been the Director/Deputy Secretary with effect from 18-4-81 or in the altern..Category: Administrative Law | Date: | Hits: 167
Moti Mia Vs. Ayesha Khatun and another, 1996, 25 CLC (AD)
....lla passed in Title Appeal No 59 of 1980, restoring those dated 30.1.80 of the Subordinate Judge, 2nd Court, Comilla dismissing Title Suit No 25 of 1987. 2. The plaintiff filed a suit for declaration that the two kabalas executed by the plaintiff and registered on 12.4.76 and 6.10.7......passed in Title Appeal No 59 of 1980, restoring those dated 30.1.80 of the Subordinate Judge, 2nd Court, Comilla dismissing Title Suit No 25 of 1987. 2. The plaintiff filed a suit for declaration that the two kabalas executed by the plaintiff and registered on 12.4.76 and 6.10.76 in..Category: Property Law | Date: | Hits: 72
Moinuddin (Md) Vs. Bangladesh, 1996, 25 CLC (AD)
....tioner. AW Bhuiyan, Additional Attorney General instructed by Mvi. Md. Wahidullah, Record—For the Respondent No. 1. Not represented—Respondent No. 2. Civil Petition for Leave to Appeal No. 515 of 1995. (From the Judgment and order dated 24.7.95 passed by th......the list of Abandoned Buildings under section 5 of Ordinance No. 54 of 1985. Their further case is, that the petitioner brought Title Suit No. 659 of 1983 in the First Court of Munsif, Dhaka for a declaration of his title to and recovery of possession in the disputed house and the suit was dismi..Category: Property Law | Date: | Hits: 58
W B Industrial Corporation Ltd. and others Vs. Deen Mohammad Rana and another, 1996, 25 CLC (AD)
.... Involved: Asrarul Hossain, Senior Advocate, instructed by Mvi. Wahidullah, Advocate -on-Record — For the Petitioners. Not Represented— Respondents. Civil Petition for leave to Appeal No. 233 of 1994. (From the judgment and order dated 10 March 1994 passed ......nt: MH Rahman J: On 28 June 1992 the petitioners instituted Title Suit No. 30 of 1992 in the Court of Subordinate Judge and Artho Rin Adalat No. 2. Dhaka for a declaration that the sale of the Leather Board Manufacturing industry of plaintiff No. 1 WB Industr..Category: Business or Commercial Law | Date: | Hits: 107
Kamiruddin and others Vs. Md. Mokshed Ali Biswas and others, 1996, 25 CLC (AD)
....uddin Sarker J.- This appeal by leave is by the plaintiff-appellants against the judgment and order dated 4.8.1993 passed by a learned Single Judge of the High Court Division appointing a receiver for the suit properties in pending Civil Revision No. 366 of 1992. 2. The appellants institu.......8.1974 which they obtained in their Title Suit No. 3 of 1959 on the allegations, inter alia, that the respondents instituted Title Suit No. 82 of 1956 in the Second Court of Munsif at Jhenidah for declaration of title and recovery of khas possession of the suit land measuring 16 acres from the ..Category: Property Law | Date: | Hits: 61
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