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Fazlul Karim Chowdhury and (Md) and others Vs. Lutfunnessa Begum and others, 1998, 27 CLC (AD)

....of 1997. Judgment Bimalendu Bikash Roy Choudhury J.- The petitioners are the plaintiffs in Title Suit No. 366 of 1991 pending before the Subordinate Judge, Fourth Court, Dhaka, which is for declaration of title. Upon an application by the plaintiffs for temporary injunction against defenda..

Category: Property Law | Date: | Hits: 101

Sharashibala Sarkar and others Vs. Patani Sundari Dassaya and another, 1998, 27 CLC (AD)

....ned a deed of sale in his favour showing transfer of the suit land, fraudulently by said Patani Dassaya without any legal necessity and showing a nominal price of the suit land. Hence, the suit for declaration that the transfer deed dated 10-10-84 is not binding upon the plaintiffs.  ..

Category: Property Law | Date: | Hits: 61

Bangladesh Vs. Mahbubuddin Ahmed, 1998, 27 CLC (AD)

.... IM Lail’s case PLD 1948 PC 150 as to the theory of the bounty of the State and observed that if an order of dismissal was wrongful and the person was treated to be in service by virtue of a declaration given then there was no reason why he should not also be given by way of consequential ..

Category: Administrative Law | Date: | Hits: 125

Sunil Chandra Mondal and others Vs. Narayan Chandra Shil & others, 1996, 25 CLC (AD)

....urt Division was justified in uphold order of amendment in revision. 2. Material facts necessary for disposal of this appeal are that respondent No. 1 as plaintiff filed the aforesaid suit for a declaration of title and partition in respect of 0.80 acres of land as mentioned in the schedule to ..

Category: Procedural Law | Date: | Hits: 149

Shahidullah (Md) Vs. Abdus Sobhan Talukder and others, 1996, 25 CLC (AD)

....tion 64(1) of the Waqfs Ordinance seeking eviction of the plaintiffs from the suit land which led the plaintiff to file Title Suit No. 142 of 1989 in the 1st Court of Subordinate Judge, Barisal for a declaration that the said order was void, illegal and without lawful authority with the averments, i..

Category: Property Law | Date: | Hits: 91

Commissioner of Customs, Chittagong Vs. Giasuddin Chowdhury and another, 1998, 27 CLC (AD)

....ill to be introduced in the Parliament on behalf of Government provides for the imposition or increase of a duty of customs or excise or sales tax the Government may cause be inserted in the Bill a declaration that it is expedient in the public interest that any provision of the Bill relating to ..

Category: Criminal Law | Date: | Hits: 119

Cantonment Board Dhaka and another Vs. Sayeda Rahat Ara Quamrun Nahar and another, 1998, 27 CLC (AD)

....lowed to different persons/authorities. On the death of Syeda Khatun her husband Syed Sulaiman Ashraf inherited the house as her only heir. Having failed to have it released, he brought a suit for declaration of his title thereto and for recovery of khas possession therein. The suit was dismisse..

Category: Property Law | Date: | Hits: 74

Major (Retd) Ashrafuddin Sekander & Bernhard Rudigar and another Vs. State, 1998, 27 CLC (AD)

.... them as to how they could come to the VIP lounge and they replied that a man with a walkie-talkie in his hand brought them there. The PWs, then asked the foreigner appellants whether they had any declaration to make or had any gold or any contraband item with them. They replied in the negative...

Category: Criminal Law | Date: | Hits: 130

Shahabuddin (Md) & others Vs. Habibur Rahman and others, 1996, 25 CLC (AD)

....ganj refusing the prayer of the defendants for rejection of the plaint of Title Suit No. 308 of 1994.  2. Respondent No.1 brought the said suit against several defendants praying for declaration of tile to certain land and also for recovery of khas possession therein.  ..

Category: Property Law | Date: | Hits: 52

Golam Moula and others Vs. Gourpada Das and others, 1997, 26 CLC (AD)

....t Division in Second Appeal No. 534 of 1978.  2. The appeal arose out of a suit, Title Suit No. 689 of 1976, brought by the first respondent in the Third Court of Munsif, Jessore, for declaration of title to and confirmation of possession in certain land. The case of the plaintiff b..

Category: Property Law | Date: | Hits: 49

Bangladesh Vs. Chairman, Court of Settlement and others, 1997, 26 CLC (AD)

.... a daughter by her. Farida Begum claimed the entire case property on the basis of a deed of gift. Soleman filed Title Suit No. 266 of 1978 in the 1st Court of Munsif, Dhaka for partition and for a declaration that the deed of gift in favour of Farida Begum is fraudulent, etc. and that the plaint..

Category: Property Law | Date: | Hits: 58

Universal Pharmaceutical Ltd. and another Vs. Social Marketing Company, 1997, 26 CLC (AD)

....el for the defendant-petitioners, submits that the defendant-petitioners had earlier filed Other Suit No.78 of 1994 against the plaintiff-respondent in the 1st Court of Subordinate Judge, Pabna on declaration that “ORALSALINE” or “ORSALINE” are not similar and identical. ..

Category: Intellectual Property Law | Date: | Hits: 242

Syed Hedayet Ali Vs. Chief Election Commissioner and others, 1994, 23 CLC (AD)

.... 7 days therefrom. By letter dated 15-7-92 respondent No.4 fixed 20-7-92 as the date of administering the oath to respondent Nos. 5-14. On 20-7-92 the petitioner filed Title Suit No.153 of 1992 for a declaration that the Memo. fixing the date of administration of oath to respondent Nos.5-14 was ille..

Category: Election Law | Date: | Hits: 110

Shahajadpur Central Co-operative Bank Ltd. Vs. Majibur Rahman and others, 1997, 26 CLC (AD)

....er party to alter or amend his pleadings as may be just and necessary for the purpose of determining the real question in controversy. The proposed amendments for recovery of possession in a suit for declaration of title will end all pending controversies between the parties and will not amount to c..

Category: Property Law | Date: | Hits: 83

Enjaheruddin Mia alias Md. Enjaheruddin Mia Vs. Mohammad Hossain and others, 1998, 27 CLC (AD)

....e plaintiff not having exclusive possession and involves question of complicated title, without such relief, the suit cannot proceed. The lower appellate court has rightly held that the suit for mere declaration as framed is not maintainable.…………….(8 & 9) Lawyers Involved: Md. Fa..

Category: Property Law | Date: | Hits: 93

Abdur Rahman and others Vs. Kheru Malitha and others, 1998, 27 CLC (AD)

....sion No. 889 of 1987). Judgment Bimalendu Bikash Roy Choudhury J. - The plaintiffs who are the respondents before us filed Title Suit No.743 of 1976 in the First Court of Munsif, Kushtia for declaration of title with averments which are not necessary to be stated to decide the legal postula..

Category: Property Law | Date: | Hits: 77

Government of Bangladesh Vs. Paresh Chandra Gharami and others, 1998, 27 CLC (AD)

....ng evidence as to possession on the contrary the defendant government failing to prove foundation of making the suit property as vested property, plaintiffs prayer for title and the relief sought for declaration that the suit property is not vested property, cannot be denied……………(4 & 5..

Category: Property Law | Date: | Hits: 73

Gazi Shamsul Hoque Vs. Deputy Commissioner, Dhaka and another, 1997, 26 CLC (AD)

....ging the Rule Nisi. 2. The writ petitioner as the Member- Secretary of the Shahid Manik Adarsha Balika Biddalaya filed Title Suit No. 140 of 1992 in the 3rd Court of Assistant Judge, Dhaka for a declaration that the order dated 19-9-92 passed by the Higher and Secondary Education Board Dhaka fo..

Category: Employment/Service Law | Date: | Hits: 115

Golam Sarwar (Md) & others Vs. Md Liakat Ali and others, 1997, 26 CLC (AD)

....ant Judge Additional Court, Sadar Jessore dismissing Title Suit No. 69 of 1988. 2. The predecessor-in-interest of respondent Nos. 1-14 late Razab Ali Molla instituted the aforementioned suit for declaration of his title to the suit land. The case of the plaintiff, in brief, is that the suit lan..

Category: Property Law | Date: | Hits: 74

Abdul Jalil and others Vs. Sharon Laily Begum Jalil, 1997, 26 CLC (AD)

....Court concerned, the British High Commission at Dhaka and the Ministry of Home Affairs (for attention of the immigration authorities). Ed. This Case is also Reported in: 50 DLR (AD)(1998) 55. ..

Category: Family Law | Date: | Hits: 250