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Tambia Khatun Vs. Rafiqullah and ors., 1999, 28 CLC (AD)
.... question is admissible in evidence" and the evidence adduced by the witnesses of the appellant being contrary to the averments recorded in the deed of exchange the lower appellate court wrongly held that the pre-emption case was not barred under section 96(10)(b) of the Act. 10......dgment of the learned Single Judge of the High Court Division. 9. It appears from the judgment and order of the learned Single Judge that he held" no oral evidence contrary to the facts recorded in the deed in question is admissible in evidence" and the evidence adduced by t......p;………….Appellant. Vs. Rafiqullah and ors.....................Respondents Judgment February, 16, 1999. Lawyers Involved: Sharifuddin Chaklader Advocate-on-Record-For the Appellant. S. R. Kamakar, Advocate-on-Record-For Re......rt Division, allow this appeal and restore the Judgment and order of the lower appellate court. There will be no order as to costs. Ed. This Case is also Reported in: II ADC (2005) 838. ..Category: Property Law | Date: | Hits: 66
Md. Nazir Hossain Khan and another Vs. Md. Mujal Mollah, 1998, 27 CLC (AD)
....fore in allowing the appeal without any order as to costs. The lower appellate Court's judgment and decree are restored. Ed. This Case is also Reported in: II ADC (2005) 822. ......fore in allowing the appeal without any order as to costs. The lower appellate Court's judgment and decree are restored. Ed. This Case is also Reported in: II ADC (2005) 822. ...... Supreme Court Appellate Division (Civil) Present: ATM Afzal CJ Mustafa Kamal J Latifur Rahman J Mohammad Abdur Rouf J Md. Nazir Hossain Khan and another.... ........Appellants Vs. Md. Mujal Mollah being dead his heirs......rchase defendant Nos. 1 and 2 have mutated their names in respect of 1.41 acres of land as well as some other lands which defendant No. 1 purchased from the plaintiff's mother and sister. The khatian numbers are 226 and 227.Defendant No. 1 has installed tube-well, constructed toilet an..Category: Property Law | Date: | Hits: 34
State Vs. Md. Abdus Satter and others, 2004, 33 CLC (AD)
....ng the respondents on bail in the interest of justice, the trial Court will be competent to make appropriate order as regard them. Ed. This Case is also Reported in: II ADC (2005) 790. ......C.S. witness No. 16 S. M. Zillur Rahman lodged another first information report with Tejgaon Police Station over the same occurrence but the police, without recording that information as an F.I.R. recorded the same as a G.D. Entry No. 695 dated July 10, 1992. In that information it was alleged t......he trial Court will be competent to make appropriate order as regard them. Ed. This Case is also Reported in: II ADC (2005) 790. ......ng the respondents on bail in the interest of justice, the trial Court will be competent to make appropriate order as regard them. Ed. This Case is also Reported in: II ADC (2005) 790. ..Category: Criminal Law | Date: | Hits: 44
M. M. Shahidur Rahman Vs. Bangladesh and others, 1994, 23 CLC (AD)
....ting that a certificate as in the other writ petition (No. 1374 of 1990) ought to have been granted in this case also as it involves the same service Rules and further that the High Court Division wrongly held that the writ petition was barred under Art. 117 of the Constitution in respect of the......appeals cannot succeed in any case. In the result, therefore, both the appeals are dismissed without any order as to costs. Ed. This Case is also Reported in: II ADC (2005) 768. ...... dismissed without any order as to costs. Ed. This Case is also Reported in: II ADC (2005) 768. ......appeals cannot succeed in any case. In the result, therefore, both the appeals are dismissed without any order as to costs. Ed. This Case is also Reported in: II ADC (2005) 768. ..Category: Employment/Service Law | Date: | Hits: 106
Mozirullah and others Vs. Shafukuddin Ahmed and others, 1996, 25 CLC (AD)
....d the judgment and decree dated 31-1-90 passed by the learned Subordinate Judge, Feni in Title Appeal No. 27 of 1986 are affirmed. Ed. This Case is also Reported in: II ADC (2005) 668. ......d the judgment and decree dated 31-1-90 passed by the learned Subordinate Judge, Feni in Title Appeal No. 27 of 1986 are affirmed. Ed. This Case is also Reported in: II ADC (2005) 668. ...... Mustafa Kamal J Latifur Rahman J Mohammad Abdui Rour J Bimalendu Bikash Roy Choudhury J Mozirullah and others...........Appellants Vs. Shafukuddin Ahmed and others...............Respondents Judgment August 28, 1996. Lawyer......i in Title Suit No. 153 of 1984, decreeing the suit. 2. The plaintiff respondent filed the suit for declaration of title to acres of land (Schedule-ka) out of a total of .7 acres of land in khatian No. 5, plot No. 202 of Mouza 171 Dagan Bhuiyan (Schedule-kha) and for recovery of possessio..Category: Property Law | Date: | Hits: 33
Md. Mirzajul Sheikh Vs. State, 2009, 38 CLC (AD)
....the appeal. There is therefore no cogent reason to interfere with the same. Accordingly, the Jail petition is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 442. ...... morning at about 10.20 A.M. P.W.1, brother of the deceased, Sahidur Rahman Akhtar lodged the ejahar and a case punishable under section 11(Ka)/30 of the Nari-O-Shishu Nirjatan Daman Ain, 2000 was recorded by Katwali Thana Police, Faridpur implicating 3 accused-persons including the c......ere with the same. Accordingly, the Jail petition is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 442. ......the appeal. There is therefore no cogent reason to interfere with the same. Accordingly, the Jail petition is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 442. ..Category: Criminal Law | Date: | Hits: 86
Samsuddin Nakib and others Vs. Syed Fakruddin Ahmed and others, 2008, 37 CLC (AD)
....lso delivered possession to them and thus the plaintiff Nos.1-5 are possessing the suit land measuring 30 decimals; the balance 60 decimals of and appertaining to Plot Nos. 6550 and 6551 being wrongly recorded in S.A. Khatian No.1446 in the name of Nishi Kanta and Sundari Bala, who left for......ered possession to them and thus the plaintiff Nos.1-5 are possessing the suit land measuring 30 decimals; the balance 60 decimals of and appertaining to Plot Nos. 6550 and 6551 being wrongly recorded in S.A. Khatian No.1446 in the name of Nishi Kanta and Sundari Bala, who left for India, w......nce. The petition is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 424. ......1953 but thereafter the plaintiff No.1 by kabala dated 27.7.1960 retransferred the same to Krishna Kanta but however in the said kabala dated 27.7.1960, the plaintiff No.1 instead of relevant khatian No. 970 and Plot Nos. 6550 and 6551 with an area of .30 acres of land, collusively inserted..Category: Property Law | Date: | Hits: 33
Jamira Khatun and others Vs. Md. Fazlul Karim and others, 2008, 37 CLC (AD)
....ind no substance in the submissions of the learned advocate for the petitioner. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 419. ......uried in the said graveyard, but the plaintiffs or their predecessor did never possess the suit land; that though he has been possessing the suit land in the last settlement survey it was recorded in the name of his landlord Abdul Monaf and as such for correction of record he filed....... Ed. This Case is also Reported in: VI ADC (2009) 419. ......;ালুকের ২২ মং সম্পত্তি পাব” and the contesting defendant filed the khatian No. 424/5 of Dag No. 1860 (Exhibit-Ga) in the name of plaintiffs for an area of 0.22 acres ..Category: Property Law | Date: | Hits: 31
Banka Bihar Mondal Vs. Md. Tufazzel Sardar & others, 2008, 37 CLC (AD)
....rrived at a correct decision. 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) 416. ......aintiffs tiled Title Suit No. 394 of 1984 in the court of Munsif, Sadar Court, Satkhira for a declaration of title in the suit property and permanent injunction. The land measuring 11.00 acres recorded in C.S. Khatian No.352 of mouza belonged to one Sudhir Kumar Roy Chowdhury. Sudhir Kumar R......he petition is accordingly dismissed. Ed. This Case is also Reported in: VI ADC (2009) 416. ......rrived at a correct decision. 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) 416. ..Category: Property Law | Date: | Hits: 23
M.S. Zaman alias Sukur Mahmud & another Vs. Kazimuddin Feraji & others, 2008, 37 CLC (AD)
....vision upon correct assessment of the materials on record arrived at a correct decision. The petition is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 414, 19 BLT (AD) (2011)137....... plaintiff No.1 3. The defendant Nos.3-6 contested the suit by filing written statement denying the material allegations made in the plaint. Their case is that Radha Ramon Saha and others the S.A. recorded tenants left this country for India during India Pakistani war in 1965. Thereafter the prop......rect decision. The petition is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 414, 19 BLT (AD) (2011)137.......vision upon correct assessment of the materials on record arrived at a correct decision. The petition is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 414, 19 BLT (AD) (2011)137...Category: Property Law | Date: | Hits: 29
Md. Lal Miah Vs. Md. Anwar Hossain @ Anu, 2007, 36 CLC (AD)
....e, the submissions of the learned Advocate for the petitioner deserve no consideration. Accordingly, the petition dismissed. Ed. This Case is also Reported in: VI ADC (2009) 409. ......e, the submissions of the learned Advocate for the petitioner deserve no consideration. Accordingly, the petition dismissed. Ed. This Case is also Reported in: VI ADC (2009) 409. ......issed. Ed. This Case is also Reported in: VI ADC (2009) 409. ......e, the submissions of the learned Advocate for the petitioner deserve no consideration. Accordingly, the petition dismissed. Ed. This Case is also Reported in: VI ADC (2009) 409. ..Category: Property Law | Date: | Hits: 30
Capt. Mohammad Lutfar Rahman Vs. Government of Bangladesh, 2008, 37 CLC (AD)
....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: VI ADC (2009) 406. ......pal Officer, Mercantile Marine had no residential accommodation in any city or town in Bangladesh and out of his small savings he purchased the above property measuring 0.40 acres from its original recorded owner Abul Hossain and Hasen Ali by four registered kabalas dated 29.9.1978 and 30.9.1978 ...... The petition is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 406. ......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: VI ADC (2009) 406. ..Category: Property Law | Date: | Hits: 50
Md. Golam Wahed Mandal and others Vs. Abu Bakkar Mia and others, 2008, 37 CLC (AD)
....e are not inclined to interfere with such finding of fact. We find no merit in this petition which is accordingly dismissed. Ed. This Case is also Reported in: VI ADC (2009) 377. ......aintiffs and delivered possession to them. Since then the plaintiffs had been possessing the land. They entrusted the predecessor-in-interest of the defendant Mozharuddin for getting the same recorded in their name in R.S. record but he managed to get it recorded in his sole name fraudulent......missed. Ed. This Case is also Reported in: VI ADC (2009) 377. ...... court of learned Assistant Judge, Ulipur under Kurigram for declaration alleging, inter alia, that the suit land was originally owned by Mahir, Jaher, Meharun Nessa, Joygun, Jahiran, Masiran under khatian No.817 with an area of 2.13 decimals of land out of said khatian which fell in the share of..Category: Property Law | Date: | Hits: 23
Nur Islam Sharif alias Eslam Ali Vs. Amjed Ali Molla and others, 2008, 37 CLC (AD)
....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: VI ADC (2009) 373. ......s issued and the report of the process server dated 27. 10.1991 shows that he delivered the possession of the land to the defendant No.1 in presence of witnesses and on 29.10.91 the case was recorded to be disposed of fully satisfied but the process server or any witness to such deli......s also Reported in: VI ADC (2009) 373. ......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: VI ADC (2009) 373. ..Category: Property Law | Date: | Hits: 26
Kazi Abdul Hoque Vs. Md. Baharuddin and others, 2008, 37 CLC (AD)
.... imagination can be said to have been acquired for fishing project thus the High Court Division committed an error of law occasioning failure of justice. He lastly submitted the High Court Division wrongly relied upon Annexure-O prepared during the pendency of the writ petition in violation of t......ssions of the learned Advocate for the petitioner have got no merit and accordingly, the petition for leave to appeal is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 370. ......ion for leave to appeal is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 370. ......ssions of the learned Advocate for the petitioner have got no merit and accordingly, the petition for leave to appeal is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 370. ..Category: Property Law | Date: | Hits: 28
State Vs. Abdul Jalil and others, 2009, 38 CLC (AD)
.... no reason to interfere with the judgment of the High Court. As a result, this petition for leave to appeal is dismissed. Ed. This Case is also Reported in: 14 BLC (AD) (2009) 99. ......ce went to Jamalpur Hospital. Condition of the victim being precarious police gave petition to the Resident Medical Officer for recording her dying declaration. Accordingly, the doctor on duty recorded the dying declaration of the victim. In the meantime arrangement was made for sending......ourt. As a result, this petition for leave to appeal is dismissed. Ed. This Case is also Reported in: 14 BLC (AD) (2009) 99. ...... no reason to interfere with the judgment of the High Court. As a result, this petition for leave to appeal is dismissed. Ed. This Case is also Reported in: 14 BLC (AD) (2009) 99. ..Category: Criminal Law | Date: | Hits: 38
Md. Ali Bepary and ors. Vs. Garupranjan Chakraborty and others, 2009, 38 CLC (AD)
.... substance in the submissions of the learned Advocate for the petitioner. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: 14 BLC (AD) (2009) 97. ......t land from the date of execution of the agreement. 3. The defendant No. 27 contested the suit by filing written statement denying all the material allegations stating, inter alia, that the recorded owners of the suit property Guru Doyal and Ram Charan Chakraborty left this country in 196......) 97. ...... substance in the submissions of the learned Advocate for the petitioner. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: 14 BLC (AD) (2009) 97. ..Category: Property Law | Date: | Hits: 22
Kamrunnessa Nilufar and another Vs. Mahmudul Faruque and others, 2009, 38 CLC (AD)
....ssed the appeal. We therefore, find no reason to interfere with the same. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: 14 BLC (AD) (2009) 87. ......ssion of their saham alleging, inter alia, that their mother Abeda Khatun alias Waleda Khatun purchased the schedule 'Ka' land on 28-4-1952 by registered Deed No. 2981 and during SA Survey it was recorded in her name in SA Plot No. 254 under SA Khatian No. 186 and the same has also been recorde......the petition is dismissed. Ed. This Case is also Reported in: 14 BLC (AD) (2009) 87. ......ssed the appeal. We therefore, find no reason to interfere with the same. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: 14 BLC (AD) (2009) 87. ..Category: Property Law | Date: | Hits: 22
M/s. Supermax International Private Ltd. Vs. Samah Razor Blades Industries, 2004, 33 CLC (AD)
....maintain on application for rectification of the trade mark register on the ground of contravention, failure to observe a condition mentioned in section 37 or any person or without sufficient cause wrongly remaining in the register or any error or defect in entering the register inasmuch as sectio......ifests the correct exposition of law and fact on the subject. This appeal is, accordingly, dismissed without any order as to cost. Ed. This Case is also Reported in: II ADC (2005) 593. ...... DLR (SC) 351; SM Towfiq Vs. National PLD 1962 Karachi 355; 21 DLR (SC) 357; Wright, Crossly and Co. S.T.M. 15 RFC 131; Ellis & Co. T.M. 21 RFC 617; G.C.H.Q. Case (Council of Civil Service Unions V. Minister for the Civil Service 1985 A.C. 374); British Airways Board v. Laker Airways Ltd ((1985) A.C......ifests the correct exposition of law and fact on the subject. This appeal is, accordingly, dismissed without any order as to cost. Ed. This Case is also Reported in: II ADC (2005) 593. ..Category: Intellectual Property Law | Date: | Hits: 233
Mvi. Amzad Ali and others Vs. Shamsuddin alias Shamsuddoha and others, 2005, 34 CLC (AD)
....Advocate for the second party petitioner are valid grounds for review and accordingly, this criminal review petition is dismissed. Ed. This Case is also Reported in: II ADC (2005) 615. ......the Circle Officer (Revenue) and receiver. 4. The second party contested the proceeding contending, inter alia, that the case land belonged to Rashik Chandra and others and the same was recorded in their name, that the predecessors of the first party as well as two others, namely, Ta......nds for review and accordingly, this criminal review petition is dismissed. Ed. This Case is also Reported in: II ADC (2005) 615. ......Advocate for the second party petitioner are valid grounds for review and accordingly, this criminal review petition is dismissed. Ed. This Case is also Reported in: II ADC (2005) 615. ..Category: Criminal Law | Date: | Hits: 34
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