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Displaying 2141-2160 of 2198 results.
Badsha Mia & Others Vs. Abdul Kader and Others, 2000, 29 CLC (AD)
....999. 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 validity thereof can not be obtained in a suit. No suit for declaring an arbitr......; 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)
....dvocate, instructed by Chowdhury Md. Zahangir, Advocate-on-Record— For the Petitioners. Md. Aftab Hossain, Advocate-on-Record — For the Respondent No. 1. Civil Petition for Leave to Appeal No. 132 of 1998. (From the judgment and order dated 19-5-1997 passed by......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)
.... 7, 1999. The Specific Relief Act, 1877 (I of 1877), Sections 39 and 42 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 tit...... 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)
....llip;….………………Respondents Judgment July 1, 1999. The Constitution of Bangladesh, 1972, Article 102. It was absolutely necessary for the High Court Division to comment on the petitioner’s title to and possession of the dis...... 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)
....dents Judgment August 23, 1998. The Constitution of Bangladesh, 1972, Article 103(3) Consideration of evidence afresh on a point missed by the petitioner is not a good point for granting leave……..(4) Lawyers Involved: Khandker Mahbubuddi......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)
....b Hossain, Advocate-on-Record -—For Respondent No. 1 (in all the Petitions) N H Khandker, Advocate-on-Record—For Respondent Nos. 2-6 (in all the Petitions). Civil Petition for Leave to Appeal Nos. 109. 136, 137 and 138 of 1996. (From the Judgment and order dated ......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)
....ng the 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 C...... 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)
.... Md. Seyed Ziaul Karim, Advocate instructed by Md. Aftab Hossain, Advocate-on-Record. — For the Respondent No. 1. Not represented—Respondent Nos. 2-6. Civil Petition for Leave to Appeal No. 190 of 1997 (From the judgment and order dated 26 January, 1997 pass......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)
....First Court of Subordinate Judge, Dhaka. The respondent Hosne Ara Begum as plaintiff brought the same against the appellants, Government of Bangladesh and Additional Deputy Commissioner (Rev) Dhaka for realization of a sum of Taka 83,61,000.00 (Taka eighty three lacs and sixty one thousand) for ......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)
....rative Tribunal, Dhaka in Administrative Tribunal Case No. 27 of 1989, dismissing the appellant’s application under section 4(2) of the Administrative Tribunal Act, 1980 (Act No. VII of 1981), henceforth the said Act. 2. The appellant, a Manager in the Audit Division of the Head Office, Agrani ......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)
....of 1986 and setting 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 ......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)
.... and the defendant was a monthly tenant under them in respect of the eastern half thereof. The plaintiffs wanted to, sell the said portion of the holding and the defendant agreed to purchase the same for Taka 20,000.00. It was agreed between the parties that the plaintiffs would execute the kabala b......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)
....nd measuring 350 square yards being Plot No. 129, Road No. 3, Block-A, Section 12, Mirpur Housing Estate, Dhaka under a deed of lease No. 8783 dated 15 November 1968 executed by the then Government for a period of 99 years on payment of Taka 9306.00 as salami. Ayesha Bibi was his full sister. Th......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)
....ed by a learned Single Judge of the High Court Division in Civil Revision Nos. 89 of 1987 (Chittagong) and 1894 of 1991 (Dhaka) making the Rule absolute and sending the suit back to the trial Court for disposal in accordance with law and in the light of observations made in the judgment. 2......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)
.... Haroon-or-Rashid, Advocate, instructed by Sharifuddin Chaklader, Advocate-on-Record — For Respondent Nos .1 and 2. Not represented— Respondent Nos. 3-7. Civil Petition for Leave to Appeal No. 405 of 1996. (From the Judgment and order dated July 8, 1996 passed b......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)
....der dated 15-2-86, affirmed by the judgment and orders dated 24-8-89 passed by the Additional District Judge, Kushtia in Tide Appeal No. 58 of 1986. 2. Plaintiff-respondents filed the aforesaid suit for partition claiming 12 annas 10 ½ paisa share in the Suit property stating,......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)
....8 March 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 defen......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)
....ice of the Chairman of Hoglapasha Union Parishad within Police Station Morrelgonj, District Bagerhat. It is inter alia, stated that the appellant and one Probir Kumar Halder contested the election for the office of Chairman of the said Union Parishad which took place on 6-2-1992 and the appellan......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)
....of Article 102 needs guidance: Per Mustafa Kamal J delivering The Full Court Judgment.……………………..(43) Per Latifur Rahman J (agreeing): The Constitution is a living document and therefore its interpretation should be liberal to meet the needs of the time and demands of the people. â...... 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)
.... defend and when such delinquent being dismissed with due approval of the president and omission of use of the name of the President is merely a technicality, such order of dismissal does not call for interference………………(8) Lawyers Involved...... 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
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