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Government of Bangladesh Vs. Md. Jalil and others, 1995, 24 CLC (AD)
....he house in June 1974, the respondents shifted to their present address and had been living there since then with the members of their families. 3. Their mother filed an application before the Secretary, Ministry of Works on 6.8.1974 for releasing the property to her but without any......d. After the death of their mother respondents also filed similar application again with no result. The respondents filed Title Suit No. 81 of 1986 in the First Court of Assistant Judge, Dhaka for declaration of their title to the disputed house and for releasing the same from the list of the ab..Category: Property Law | Date: | Hits: 57
Bangladesh Vs. Md. Suruzzamal and others, 1996, 25 CLC (AD)
....mmercial Bank) on 26.6.70 and on his failure to repay the loan Rupali Bank obtained an ex parte decree on 26.7.72 against Dr. Shamim in Money Suit No. 32 of 1972 from the 3rd Court of Munsif Dhaka for realisation of the loan amount. Rupali Bank started Money Execution Case No. 32 of 1972 against......granting any relief to the auction- purchaser Bangladesh as plaintiff instituted in the 3rd Court of Subordinate Judge. Dhaka Title Suit No. 69 of 1981 on 18.2.81 against the auction- purchaser for declaration of title to the suit property on the allegations inter alia that Dr. S M Shamim was a n..Category: Property Law | Date: | Hits: 61
Rakman Ali alias Md. Rakman Ali and others Vs. Hasib Ali Chowdhury and others, 1972, 1 CLC (HCD)
....p; Nurul Islam J.- This second appeal is at the instance of defendants 3, 5, 7, 8 and 10 and arises out of a suit for declaration of title and recovery of possession in the lands in suit as described in the sched......sp; Nurul Islam J.- This second appeal is at the instance of defendants 3, 5, 7, 8 and 10 and arises out of a suit for declaration of title and recovery of possession in the lands in suit as described in the schedule t..Category: Property Law | Date: | Hits: 59
Dr. Rati Ranjan Choudhury Vs. Parul Bala Marwari and another, 1972, 1 CLC (HCD)
....dar, Chittagong, dated the 16th April, 1963 in Other Suit No. 138 of 1961. 2. The facts giving rise to this appeal are, that the plaintiff Dr. Rati Ranjan Sen filed the above mentioned suit for ejectment against two persons, namely, Parul Bala Marwari, the defendant No. 1 and Md. Ibrahim ......to the properties in suit need not be, or should not be gone into. Once the question of his title comes in for determination, the plaintiff of necessity shall have to amend the plaint, praying for declaration of title to the properties in suit and the consequential relief by way of recovery of t..Category: Property Law | Date: | Hits: 71
Suriya Begum and others Vs. Alimulla Mallik, and others, 1972, 1 CLC (HCD)
.... Nurul Islam J.- This Rule arises out of an application under section 115 of the Code of Civil Procedure at the instance of some of the defendants in a suit for realisation of arrear house rents and is directed against the order dated 16th of January, 196......R 1949 Lahore 69, Mr. Justice Cornelius (as his Lordship then was) held : "Plainly there are substantial differences between the two suits. Whereas the first suit was for a mere declaration that the properties in suit were waqf and in consequences, alienations thereof by cert..Category: Property Law | Date: | Hits: 86
Serajul Hoque Muktar and others Vs. ARM Mustanesar Billah & others, 1972, 1 CLC (HCD)
....bsp; Nurul Islam J.- The appeal is at the instance of the defendant Nos. 1, 2 and 5 and arises out of Title Suit No. 67 of 1958 filed by the plaintiffs in the Court of Munsif at Sandwip for recovery of khas possession of the suit premises on establishment of their title in the same a......of Title Suit No. 67 of 1958 filed by the plaintiffs in the Court of Munsif at Sandwip for recovery of khas possession of the suit premises on establishment of their title in the same and also for declaration to the effect that the kabuliyat dated 6.9.46 in the name of the defendant No. 1 Mvi Se..Category: Property Law | Date: | Hits: 69
Rakhal Chandra Das and ors Vs. Benecha Khatun and others, 1972, 1 CLC (AD)
....ents Judgment May 6th, 1970. Cases Refered to- Ali Dewan and another vs. Akram AH Prodania and another 17 DLR 343; 41 CWN 257 (PC); AIR 1948 (PC) 168. Lawyers Involved: MA Rouf —for the Appellants. Not Represented—the Respondents. Appeal from Appellate Decree No. 906 o......—for the Appellants. Not Represented—the Respondents. Appeal from Appellate Decree No. 906 of 1960. Judgment K Hossain J.- This appeal is by the plaintiff who instituted a suit for declaration of title and for recovery of khash possession. The case of the plaintiff is that his mot..Category: Property Law | Date: | Hits: 82
Rahman Ali Vs. Upendra Lal Sarkar, 1972, 1 CLC (AD)
....i Probha Nag in 53 1C 188; Faruzuddin Mondal vs. Tahirannessa Bibi and ors. 15 DLR Dacca, 214. Lawyers Involved: Farid Ahmed, Advocate—For the Appellants. Mahmudul Islam for BN Chowdhury, Advocate—For the Respondents. Appeal from Appellate D...... dated the 27th day of December 1958 in title suit No. 52 of 1956. Judgment: This appeal is at the instance of the defendants and it arises out of a suit for declaration of plaintiffs title and for khas possession by evicting the defendants from the lands i..Category: Property Law | Date: | Hits: 67
Azizur Rahman Vs. Hedayet Ahmed Chowdhury and others, 1972, 1 CLC (AD)
.... learned Additional District Judge dismissed the appeal and affirmed the judgment and decree of the trial Court. 2. The facts giving rise to this appeal are as follows: The plaintiffs filed a suit for declaration that they are tenants in respect of the suit property under the defendant No. 1 the ......rned Additional District Judge dismissed the appeal and affirmed the judgment and decree of the trial Court. 2. The facts giving rise to this appeal are as follows: The plaintiffs filed a suit for declaration that they are tenants in respect of the suit property under the defendant No. 1 the Prov..Category: Civil Law | Date: | Hits: 137
Hasina Begum Vs. Province of East Pakistan, 1972, 1 CLC (AD)
.... Judgment: Muksum ul-Hakim J: Sree Khetra Nath Majumdar and Sree Judu Nath Majumdar, sons of Rajendra Kumar Patwari sold 3.94 decimals of land to the petitioner for a total consideration of Rs. 9,000.00 the deed of sale was presented by the vendors before the ......t No. 2 observed therein that under such circumstance no further action was possible by him. 4. Being aggrieved by this order the petitioner has obtained this Rule and has prayed for a declaration that the order of the respondent No. 2 dated 12.2.70 is illegal and has no legal effect..Category: Property Law | Date: | Hits: 73
City Bank Limited and others Vs. Bangladesh Bank and others, 1999, 28 CLC (AD)
.... Rokanuddin Mahmud, Senior Advocate, instructed by Sharifuddin Chaklader Advocate-on- Record — For the Petitioners. Not represented — the Respondents. Civil Petition for Leave to Appeal No. 656 of 1999. (From the judgment and order dated March 25, 1999 pass...... 7. The petitioners then challenged the notification dated 23-10-96 and the Memo dated 27-4-97 issued by respondent No. 1 under the signatures of respondent Nos. 3 and 4 and also prayed for a declaration that section 25(3) of the Financial Institution Act should be declared ultra virus the ..Category: Business or Commercial Law | Date: | Hits: 106
Salma Khatun and others Vs. Zilla Parishad, Chittagong, 1999, 28 CLC (AD)
.... (From the judgment and decree dated -1 -1998 passed by the High Court Division Dhaka in FA No 39 of 1995). Judgment: Mustafa Kamal J.- The plaintiff-petitioners have preferred this petition for leave to appeal from the judgment and decree dated 22-01-98 passed by a Division Bench of the Hi......the plaintiffs have established a case of possession but not of title. When they are in possession claiming raiyati settlement they cannot set up adverse possession either. They are not entitled to a declaration of title…….(5) Lawyers Involved: Dr. M. Zahir, Senior Advocate, instructed b..Category: Tenancy Law | Date: | Hits: 82
Abdul Kader Mondal & ors Vs. Shamsur Rahman Chowdhury alias Shamsur Rahman Saha, 1999, 28 CLC (AD)
....;…..Respondent Judgment March 11, 1999. The Limitation Act, 1908 (IX of 1908), Section 5 (i) An abatement can be set aside at any time even beyond the period prescribed for making an application in that behalf if sufficient cause is shown explaining the delay…......gment: Bimalendu Bikash Roy Choudhury J.- This appeal by way of leave, at the instance of the plaintiffs, arises out of an order setting aside abatement of a suit for declaration of title to and confirmation of possession in the land measuring an area of 12.61 acres..Category: Property Law | Date: | Hits: 72
Bangladesh Shilpa Rin Sangstha Vs. Rahman Textile Mills Ltd and others, 1999, 28 CLC (AD)
....Procedure. The provisions of Article 34(5) will prevail over those of Order VII, rule 11. When the reliefs claimed fall within the clear mischief of Article 34(5) (a)(i) & (ii) it will be an idle formality to ask the defendant- appellant to file petitions afresh under Article 34(5) praying for n......that clause, such taking over or transfer shall not be called in question in or before any Court; and no Court shall: (a) entertain any suit, application or other legal proceeding— (i) for a declaration that such taking over or transfer is illegal, ineffective or void, or (ii) for setti..Category: Property Law | Date: | Hits: 77
Junnur Rahman Vs. Bangladesh Shilpa Rin Sangstha (BSRS) and others, 1999, 28 CLC (AD)
....stitution of Bangladesh, 1972, Articles 27, 29, 102 & 117 The High Court Division has rightly held, that the writ petition was not maintainable because he (petitioner) did not seek to enforce any fundamental right and further, it was within the competence of the Administrative Tribuna....... 9. We are not impressed by any of the submissions of the learned Advocate for the petitioner. Having regard to the relief sought for by the petitioner in his writ petition, namely, for a declaration that the aforesaid Administrative Circular and Office Order dated 1-6-96 were issued wi..Category: Employment/Service Law | Date: | Hits: 63
Pradip Kumar Chakraborty Vs. Jamila Khatun Bibi & ors , 1999, 28 CLC (AD)
....from the days of antiquity. It lies within the city of Dhaka. The votaries of the deity are the members of the Hindu community at large spread all over the country. 3. The said deity sued forma pauperis through her managing shebait and a next friend, Hem Chandra Chakraborty who in his t......ge spread all over the country. 3. The said deity sued forma pauperis through her managing shebait and a next friend, Hem Chandra Chakraborty who in his turn figured as plaintiff No.2 for declaration of her title to item No. 1 of the ‘ka’ schedule of the plaint, for recovery..Category: Family Law | Date: | Hits: 156
Chandan Mondal Vs. Abdus Samad Talukder & others, 1999, 28 CLC (AD)
....sion No. 410 of 1984 (Rangpur)/Civil Revision No. 7492 of 1991 (Dhaka) making the Rule absolute. 2. The plaintiff-respondents instituted Other Suit No. 62 of 1975 in the Court of Munsif, Kurigram for ejectment of the defendant appellants from the suit premises, recovery of vacant possession and ......inherited the property and were in possession thereof, During RS operation the land in suit was wrongly recorded in the name of Jamila Khatun. Tilottama Devi instituted Title Suit No. 774 of 1975 for declaration of her title to the suit property against Jamila Khatun and others. Tilottama Devi withd..Category: Tenancy Law | Date: | Hits: 62
....is dismissed.
The Administrative Tribunals Act, 1981 (VII of 1981) Section 4
The Civilian Employees in Defence Service (Classification, Control & Appeal) Rules, 1961
A case is not ripe for consideration by the Administrative Tribunal until the Appellate Authority passes an order on a ......petitioner joined as a Civil Clerk on 23-3-77 in Bogra Cantonment under the Commandant of School of Armour and Centre. He was dismissed from service on 22-4-87. On 29-6- 87, he filed a civil suit for declaration in the 1st Court of Assistant Judge, Bogra which however, he withdrew on 3-5-88 on bette..
Category: Employment/Service Law | Date: | Hits: 83
Managing Director, Janata Bank Vs. Md. Bazlur Rahman and others, 1997, 26 CLC (AD)
....or the petitioner. Mahbubey Alam, Advocate, instructed by Chowdhury Md. Zahangir, Advocate-on-Record- For the Respondent No. 1. Not represented—Respondent Nos. 2-5. Civil Petition for Leave to Appeal No. 178 of 1997. (From the Judgment and Order dated 23-1 -91 passed by the......nch was terminated from service by order dated 17-8-81 passed by the Regional Manager, Gaibandha. He filed Title Suit No. 16 of 1987 in the Court of Assistant Judge of the then Chilmari Upazila for a declaration that the order of termination was illegal and for reinstatement in service on payment of..Category: Employment/Service Law | Date: | Hits: 98
....oner (In Civil Petition No. 821 of 1997).
Sharifuddin Chaklader, Advocate-on-Record— For the Respondents (In both the Petitions).
Not represented — Respondent Nos. 2-3.
Civil Petition for Leave to Appeal Nos. 801 and 821 of 1997.
(From the Judgment and Order dated 5-5-97 passed b......he order but the same was also rejected.
3. Respondent Nos. 3-17 as plaintiffs filed Other Suit No. 68 of 1992 impleading auction-purchaser and others including the petitioner as defendants for a declaration that the judgment and decree obtained in the Mortgage Suit No. 21 of 1985 is illegal, vo..
Category: Property Law | Date: | Hits: 85
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