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Badsha Mia & Others Vs. Abdul Kader and Others, 2000, 29 CLC (AD)
....; August 12, 1999. The Arbitration Act, 1940 (X of 1940), Sections 32 & 33 Without having recourse to section 33 no declaration that an arbitration agreement or an award or the effect of either for an existence or v..Category: Civil Law | Date: | Hits: 104
Qaiyum Khan and Others Vs. Sudarshan Singh and others, 2000, 29 CLC (AD)
....ated 19-5-1997 passed by the High Court Division in Civil Revision No.2385 of 1996). Judgment Mustafa Kamal CJ.- The plaintiff-respondent’s suit for declaration of title to the suit land on the basis of adverse possession was decreed by the trial C..Category: Civil Law | Date: | Hits: 127
Momtaz Begum & others Vs. Md. Masud Khan, 2000, 29 CLC (AD)
.... The Limitation Act, 1908 (IX of 1908), Article 91 The plaintiff not being a party to the kabala, prayer for cancellation of the same is not necessary. The plaintiff getting a decree of declaration of title and also declaration that the kabala is illegal and fraudulent, cancellation o..Category: Property Law | Date: | Hits: 59
Bangladesh Vs. East West Property Development Private Ltd. & others, 2000, 29 CLC (AD)
.... 3. The present petitioner and other respondent in the writ petition instituted a suit in the 3rd Court of Subordinate Judge, Dhaka, namely, Title Suit No. 11 of 1997 on 19-1-97 for a decree for declaration of title to a part of the suit land, namely, 1.24 acre as a test case. Thereafter, resp..Category: Constitutional Law | Date: | Hits: 164
Narayan Chandra Das and others Vs. Abdur Jabbar Dewan and others, 2000, 29 CLC (AD)
....y the High Court Division in Civil Revision No.1798 of 1994). Judgment 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 ju..Category: Property Law | Date: | Hits: 73
Hafizuddin (Md) & 3 ors Vs. Bangladesh Bank, represented by Governor & ors, 1997, 26 CLC (AD)
....ismissed the writ petition. The said Atiqullah preferred Civil Appeal No. 35 of 1976 before the Appellate Division, which by judgment and order dated August 4, 1977 allowed the appeal and gave the declaration ought for by the appellant. The respondent Bangladesh Bank preferred Civil Review Petit..Category: Administrative Law | Date: | Hits: 159
Azizul Haque Sikder and others Vs. Collector of Customs, Chittagong and others, 1997, 26 CLC (AD)
.... appeal and upholding the judgment and order dated 12-9-91 passed by the Administrative Tribunal, Dhaka in AT Case No. 77 of 1990. 2. The present appellants in the said AT Case asked for a declaration that the gradation list of the Appraisers published by the Collector of Customs Chittag..Category: Administrative Law | Date: | Hits: 160
Safaruddin and others Vs. Fazlul Huq and others , 1997, 26 CLC (AD)
....jahaji under PS Kapasia of the district of Gazipur. Admittedly, the said holding originally belonged to Shakir Mahmud and Zakir Mahmud. The plaintiffs who are respondent Nos. 1-5 filed the suit for declaration of title and partition. They claim 2.971/2 acres out of the disputed land by way of in..Category: Property Law | Date: | Hits: 71
Government of Bangladesh Vs. Hosne Ara Begum, 1997, 26 CLC (AD)
....as delivered to her. 2. The property in question was declared vested property. The plaintiff obtained an ex parte decree against the appellants and others in Title suit No. 222 of 1976 for declaration that she had title to the property which was not a vested property. Subsequently upon f..Category: Property Law | Date: | Hits: 72
Khandaker G. Najib Vs. Chair., Board of Directors, Agrani Bank, HO, Dhk & ors, 1997, 26 CLC (AD)
....ction, hence maintainable. 5. Mr. Shafique Ahmed, learned Counsel for the appellant, placed before us the plaint and judgment of Title Suit No. 72 of 1984. In the plaint the appellant prayed for a declaration that the orders dated 16-2-79 and 21-12-81 are void, illegal, without jurisdiction, mala..Category: Administrative Law | Date: | Hits: 131
Surat Sarder and others Vs. Afzal Hossain and others, 1997, 26 CLC (AD)
....g aside the judgment and decree dated August 3, 1986 passed by the learned Munsif, Gangni decreeing. Title Suit No. 117 of 1985. 2. The plaintiff-appellants instituted the aforesaid suit for declaration of their title to and confirmation of possession in the suit land on the averments, in..Category: Property Law | Date: | Hits: 79
Chitta R Chakraborty being dead, his heirs Ashish C. & ors Vs. Md. A. Rob, 1997, 26 CLC (AD)
....n the possession of the plaintiffs. The defendant thus obtained the said kabala under fraud and misrepresentation. 3. On these averments the plaintiffs brought the aforementioned suit for a simple declaration. The English rendering of the prayer is as follows: “The Kabala executed by the pla..Category: Tenancy Law | Date: | Hits: 88
Khairunnessa being dead, her heirs F. Alam & ors Vs. Zobaida Nahar @ Zharna & ors, 1997, 26 CLC (AD)
....approached the said Ministry with an application, claiming that she had purchased the land from Md. Ismail under a registered kabala dated 13 May 1984. Thereupon the plaintiff brought the suit for declaration of her title to and recovery of khas possession in the said land with a further declar..Category: Property Law | Date: | Hits: 82
Rupe Jahan Begum and others Vs. Lutfe Ali Chowdhury and others, 1997, 26 CLC (AD)
....first two courts below and sending back the case on remand. 3. The facts are brief. One Ali Akbar Chowdhury instituted Other Suit No. 10 of 1982 in the Third Court of Munsif, Chittagong for declaration that defendant No. 1, his eldest daughter was his benamder in respect of the suit lands..Category: Procedural Law | Date: | Hits: 140
Abdus Salam Sheikh and others Vs. Puspa Rani Shil and others, 1997, 26 CLC (AD)
....ordingly, allowed the review by its order dated 11 November 1993. Respondent Nos. 1 and 2 then approached the High Court Division with the aforementioned Writ Petition No. 64 of 1994 praying for a declaration that the order of the Land Appeal Board was without any lawful authority and obtained a..Category: Property Law | Date: | Hits: 72
Rezaul Karim and others Vs. Shamsuzzoha and others, 1997, 26 CLC (AD)
....the plaintiffs and the defendants the gift of 0.08 acres of land to defendant No. 3 has been proved. As such in a suit for simple partition the plaintiffs cannot succeed without a prayer for declaration of title in the suit property when the title of the plaintiffs to the suit property is ..Category: Property Law | Date: | Hits: 77
Abdul Jalil Miah (Md) Vs. Niropama Ritchil and ors., 1997, 26 CLC (AD)
....rch 1980 passed by the Subordinate Judge, Additional Court, Mymensingh in Other Class Suit No. 270 of 1979 and thereby dismissing the said suit. 2. The plaintiff brought the suit for declaration of his title to the suit land. His case, as disclosed in the plaint, is that defendant ..Category: Property Law | Date: | Hits: 72
Mofizul Huq Vs. Mofizur Rahman and others, 1997, 26 CLC (AD)
....quite unusual, that “accordingly we make him (appellant) unseated from the post of the Chairman of the said Union Parishad.” It was not required to make that kind of an order but a mere declaration that the appellant was holding the office of Chairman of the Union Parishad without any..Category: Others | Date: | Hits: 85
Dr. Mohiuddin Farooque Vs. Bangladesh, 1997, 26 CLC (AD)
.... Constitution stands on a different footing from that of other Constitutions by the very fact of the essence of its birth which is different from others. It is in our Constitution a real and positive declaration of pledges, adopted, enacted and given to themselves by the people not by way of a prese..Category: Constitutional Law | Date: | Hits: 450
Shahinur Alam (Md) Vs. People’s Republic of Bangladesh and others, 1998, 27 CLC (AD)
.... dismissal from service and the same was rejected. Thereafter on 31-10-89 he instituted Administrative Tribunal Case No.396 of 1989 under section 4(2) of the Administrative Tribunals Act, 1980, for declaration of the said order of dismissal from service as illegal, alleging, inter alia, that the..Category: Administrative Law | Date: | Hits: 133