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Md. Yasin Khan and others Vs. Ayub Ali Khan and others, 2008, 37 CLC (AD)
....with Achimunnessa. It appears from the circumstances that the defendants could not prove that they are not the heirs and successive heirs of Achimunnessa so as to inherit the interest of the suit land property on her death. The defendants are in fact and in law inherited the land of suit prop......his Case is also Reported in: VI ADC (2009) 760, VIII ADC (2011) 350. ......ound no merit in the submissions of the learned Advocate for the appellants. Accordingly, the appeal in dismissed. Ed. This Case is also Reported in: VI ADC (2009) 760, VIII ADC (2011) 350. ..Category: Property Law | Date: | Hits: 31
State Vs. Md. Moslemuddin, 2004, 33 CLC (AD)
....iew of above position we find no reason to interfere with the judgment and order passed by the High Court Division and accordingly the appeal is dismissed. This Case is also Reported in:I ADC 545. ......terfere with the judgment and order passed by the High Court Division and accordingly the appeal is dismissed. This Case is also Reported in:I ADC 545. ......iew of above position we find no reason to interfere with the judgment and order passed by the High Court Division and accordingly the appeal is dismissed. This Case is also Reported in:I ADC 545. ..Category: Criminal Law | Date: | Hits: 63
S.K. Khalilur Rahman and others Vs. Mrs. Meherun Nesa, 2004, 33 CLC (AD)
....tion of the defendants and/or persons claiming through them and also for permanent injunction restraining the defendants from making any construction and/or changing the nature and character of the land as described in schedule ‘B’ of the plaint and on 19.6.2002 the plaintiff filed an......smissed. Ed. This Case is also Reported in: ......aring of the suit. 5. Further, in a review petition there is no scope for rehearing. The review petition is dismissed. Ed. This Case is also Reported in: ..Category: Property Law | Date: | Hits: 24
Md. Nazrul Islam and others Vs. Md. Abdur Rouf, 2009, 38 CLC (AD)
....judgment. 2. The respondent No.1 filed Other Suit No.44 of 2005 in the Court of Senior Assistant Judge, Sadar, Thakergaon, for specific performance of contract on the averments that the suit land measuring 10 decimals along with a pucca building standing thereon belonged to the petitioner......interference. The petition is dismissed. Ed. This Case is also Reported in: ......ns and so there is no illegality or infirmity in the above decision so as to call for any interference. The petition is dismissed. Ed. This Case is also Reported in: ..Category: Property Law | Date: | Hits: 28
Lakshmi Rani Roy being dead her heirs Naru Gopal Roy Vs. Md. Abdur Rahman, 2009, 38 CLC (AD)
.... upon setting aside those dated 25.4.1977 of the learned Munsif now Assistant Judge, Jhenidah passed in Title Suit No. 130 of 1972 decreeing the suit on the finding that the settlement of the suit land in favour of Nurjahan Begum by patta dated 11.1.1952 is not hit by section 107 of the Transfer......rmissible in law. The petition is dismissed. Ed. This Case is also Reported in: ......esent review petition has been filed seeking rehearing of the leave petition which is not permissible in law. The petition is dismissed. Ed. This Case is also Reported in: ..Category: Property Law | Date: | Hits: 35
Major Md. Bazlul Huda (Artillery) and others Vs. State, 2009, 38 CLC (AD)_Part Five
.... place, that no man is punishable or can be lawfully made to suffer in body or goods except for a distinct breach of law established in the ordinary legal manner before the ordinary courts of the land. In this sense the rule of law is contrasted with every system of government based on the e......e defence in any manner. ......r Dalim delivered speeches for toppling the Government and as per their direction, they took ammunition with them. The testimony of this witness was not challenged by the defence in any manner. ..Category: Criminal Law | Date: | Hits: 228
Rowshan Ara Begum & ors Vs. Sitakundu Chandra Nath Chatuspaty Tole & ors, 2006, 35 CLC (AD)
....Suit Nos.157, 158 and 230 of 1984 (previously numbered 173, 174 and 175 of 1973 respectively) dismissing the same. 2. The suits were filed seeking declaration of title in respect of 30 decimals of land of R.S. Plot No.792 listed in R.S. Khatian No.1700 described in schedule 'Ka' to the plaint and......ference. Accordingly the appeals are dismissed with costs. Ed. This Case is also Reported in: VI ADC (2009) 721. ......High Court Division we do not find any infirmity of the kind calling for interference. Accordingly the appeals are dismissed with costs. Ed. This Case is also Reported in: VI ADC (2009) 721. ..Category: Tenancy Law | Date: | Hits: 176
Md. Sohrabuddin Molla Vs. Aminul Islam and others, 2004, 33 CLC (AD)
.... with modification. 2. Short facts are that the plaintiffs instituted Partition Suit No. 107 of 1992 in the Court of Assistant Judge, Saturia, Manikganj contending, inter alia, that the suit land measuring 1.88 acres of C.S. Khatian No.395 belonged to one Shumai Mallik who died leaving wi......dingly, the petition is dismissed. Ed. This Case is also Reported in: 14 MLR (AD) (2009) 399. ......ircumstances, we find no illegality in the judgment of the High Court Division. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: 14 MLR (AD) (2009) 399. ..Category: Property Law | Date: | Hits: 22
Azizullah (Md) and others Vs. State and others, 2009, 38 CLC (AD)
.... Ali Yar Khan and Ali Sarwar were shown as Third Party and the property which was the subject matter of the above dispute was stated to be Holding No.58/1-A, Purana Paltan, comprising 2.369 kathas of land with a 5-storied building standing thereon and the boundaries of the same were on the north roa......he respondent No.4 is set aside. There will be no order as to cost. Ed. This Case is also Reported in: 14 BLC (AD) (2009) 142, 16 MLR (AD) (2011) 117.......session of Holding No.59/1 Purana Paltan to the respondent No.4 is set aside. There will be no order as to cost. Ed. This Case is also Reported in: 14 BLC (AD) (2009) 142, 16 MLR (AD) (2011) 117...Category: Criminal Law | Date: | Hits: 62
Md. Ekram Hossain Bhuiyan Vs. Matiar Rahman Bhuiyan and others, 2008, 37 CLC (HCD)
....arned Assistant Judge, Narail stating, inter-alia, that the pre-emptor is a co-sharer to the case jote by inheritance as well as by purchase while the pre-emptee is a stranger, who purchased the case land from his father by a registered kabala dated 14.12.1995 at the consideration of Tk. 12,000/-. I......once. Ed. This Case is also Reported in: 29 BLD (HCD) (2009) 201; 14 MLR (HCD) (2009) 175. ......pposite party No. 1 is dismissed. Let a copy of the judgment along with LC records be sent down at once. Ed. This Case is also Reported in: 29 BLD (HCD) (2009) 201; 14 MLR (HCD) (2009) 175. ..Category: Property Law | Date: | Hits: 37
Justice Syed Md. Dastagir Hossain and ors. Vs. Md. Idrisur Rahman and others, 2009, 38 CLC (AD)
....i, Advocate and another Vs. Government of Bangladesh, 55 DLR 332; Sankal Chand (AIR 1977 SC 2328); A-G vs. Jonthan Cape Ltd. {1976} QB 752; ch 13 B; Commercial Cable Company V. Government of New-foundland, (1916) 2 AC 610, Reyder V. Foley (1906) 4 CLR 422, British Coal Corporation Vs. The King (1935......ent. These petitions are accordingly disposed of. Ed. This Case is also Reported in: 29 BLD (AD) 2009, 79, VII ADC (2010) 721. ......d guidelines.” The short order shall form part of the judgment. These petitions are accordingly disposed of. Ed. This Case is also Reported in: 29 BLD (AD) 2009, 79, VII ADC (2010) 721. ..Category: Constitutional Law | Date: | Hits: 251
Md. Yakub Ali Vs. Nazir Ahmed and others, 2009, 38 CLC (AD)
....; Suit No.163 of 1998 in the 3rd Additional Assistant Judge, Noakhali impleading the defendants praying for a decree for permanent injunction restraining the defendants from entering into the suit land by force alleging, inter alia, that the plaintiff purchased the suit land from one Monoza Khat...... Ed. This Case is also Reported in: ......he above, we find no substance in the submissions of the learned Advocate for the petitioner. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: ..Category: Property Law | Date: | Hits: 29
Md. Sadequl Alam Vs. Md. Mofizul Haque (Jalal) and others, 2009, 38 CLC (AD)
....hose dated 04.07.2000 passed by the Senior Assistant Judge in Other Class Suit No.310 of 1987 decreeing the suit. 2. The facts of the case, in short, are that the original owner of the suit land was Mofizul Hoque that the plaintiff exchanged his land with 0.05 acres of R.S. Plot No.182 b......for the petitioners. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: ...... of the above, we find no substance in the submissions of the learned Advocate for the petitioners. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: ..Category: Property Law | Date: | Hits: 27
Golam Mostafa and others Vs. Government of the People’s Republic of Bangladesh, 2007, 36 CLC (AD)
....No.8488 of 2005 discharging the Rule. 2. The facts leading to the writ petition are that for establishment of Jute Mills, the petitioner’s company got allotment of lease of 60 acres of land on 29.04.1963 from the Government and as per terms and conditions as agreed upon and on receip......cordingly, dismissed without any order as to cost. Ed. This Case is also Reported in: ......e do not find any cogent ground to interfere with the same. This Petition is, accordingly, dismissed without any order as to cost. Ed. This Case is also Reported in: ..Category: Property Law | Date: | Hits: 25
Md. Lukman Vs. Rustom Khan and others, 2008, 37 CLC (AD)
....Court for open auction. The said execution case was renumbered as Money Execution Case No.2 of 1985 on transfer to the Court of Subordinate Judge, Sunamgonj but wrongly included the 'Kha' schedule land of the Shoshi Mohan and others in auction. On 09.05.1987 the Court did not accept the auction ......t represented- the Respondents. Civil Petition For Leave To Appeal No. 94 of 2007. (From the judgment and order dated the 6th day of November, 2006 passed by the High Court Division in Civil Revision No. 2350 of 2002). Judgement &n...... above, the submissions of the learned Advocate for the petitioner deserve no consideration. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: ..Category: Property Law | Date: | Hits: 51
Special Reference No.1 of 2009, 38 CLC (AD)
....orces of other countries of the world. 14. And whereas the following inadequacy and limitations appear for the trial of the offences committed in BDR mutiny if held under the existing laws of the land i.e., Penal Code; a. Penal Code and other Penal laws of the land have not dealt with the off......sed by my learned brother Md. Abdul Matin, J. in respect of question A and B of the Reference. Ed. This Case is also Reported in: ......e. Surendra Kumar Sinha J.- I agree with the opinion expressed by my learned brother Md. Abdul Matin, J. in respect of question A and B of the Reference. Ed. This Case is also Reported in: ..Category: Constitutional Law | Date: | Hits: 289
Janab Ali (Md.) and another Vs. Salema Khatun and others, 2009, 38 CLC (AD)
....n objection asserting, amongst others, that the case is bad for defect of party and that the pre-emptor-petitioner is not a co-sharer in the case jote and that the pre-emptee has developed the case land investing Taka 2000 and that the case land was purchased within the knowledge as well as in p...... Ed. This Case is also Reported in: 61 DLR (AD) (2009) 122. ......03. Thus, we do not find any merit in the application. Accordingly, the application for leave to appeal is dismissed. Ed. This Case is also Reported in: 61 DLR (AD) (2009) 122. ..Category: Property Law | Date: | Hits: 38
Shamsu Meah and others Vs. Government of Bangladesh, 2009, 38 CLC (AD)
....the impugned Memo dated 16.11.2000 cancelled the allotment of the plots in their favour and also cancelled the approval of the Ministry as regard the Powers of Attorney in respect of the said lands; construction of 500 flats as proposed will not in any way fall within the site plan of ......iding the dispute by any civil Court. Ed. This Case is also Reported in: VI ADC (2009) 702. ......bservation of the High Court Division on the merit, of the case will have no bearing while deciding the dispute by any civil Court. Ed. This Case is also Reported in: VI ADC (2009) 702. ..Category: Property Law | Date: | Hits: 34
Saleh Ahmed and others Vs. Amena Bewa and others, 2008, 37 CLC (AD)
....hort, are that the respondents as plaintiffs instituted Other Class Suit No. 50 of 1996 in the Court of the learned Senior Assistant Judge, Rangpur praying for declaration of title to the suit land and also for further declaration that the ex parte judgment and decree dated 13.11.1995 passed...... which is accordingly dismissed. Ed. This Case is also Reported in: VI ADC (2009) 695. ......to inherent power of the court for rejecting plaint. We find no merit in this petition which is accordingly dismissed. Ed. This Case is also Reported in: VI ADC (2009) 695. ..Category: Civil Law | Date: | Hits: 94
Saheb Ali Dewan Vs. Md. Zahirul Hoque Dewan, 2009, 38 CLC (AD)
.... the court of the Assistant Judge, Manikganj against the defendant petitioner praying for a decree for permanent injection restraining the defendant petitioner from dispossessing him from the suit land claiming the suit land on the basis of a deed of exchange dated 22.8.1988 and also the exclusi...... Ed. This Case is also Reported in: VI ADC (2009) 684. ......e materials on record. We therefore find no reason to interfere with the same. The petition is accordingly dismissed. Ed. This Case is also Reported in: VI ADC (2009) 684. ..Category: Property Law | Date: | Hits: 29
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