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Pushpa Rani Saha Podder Vs. Rash Mohan Saha, 2005, 34 CLC (AD)
....Kumudini Saha who in her turn, bequeathed it to defendant No. 1 on the basis of a will executed by her. DefenÂdant No. 1 obtained probate of the will in 1979. In 1984 the plaintiffs brought the suit for declaration of their title to the said propÂerty and confirmation of possession therein. An alt......dini Saha who in her turn, bequeathed it to defendant No. 1 on the basis of a will executed by her. DefenÂdant No. 1 obtained probate of the will in 1979. In 1984 the plaintiffs brought the suit for declaration of their title to the said propÂerty and confirmation of possession therein. An alterna..Category: Property Law | Date: 4 Jul, 2005 | Hits: 127
Md. Abu Aslam Advocate Vs. Rajshahi University and others, 2005, 34 CLC (HCD)
....aking evidence on trial and not in the interlocutory matter.………………………..(18) Humanitarian consideration and emotional thoughts cannot substitute legal consideration and ground for passing a judgÂment and order by the court at the cost of the people of the country………â€......r Assistant Judge, Rajshahi Sadar in Other Class Suit No.87/2004 should not be set aside. 2. Facts giving rise to this Rule in short is that the petitioner as plaintiff instituted the suit for declaration that the appointments of 546 employees (3rd & 4th class) are illegal, collusive, i..Category: Procedural Law | Date: 25 Jun, 2005 | Hits: 7
Golam Hossain Sikder (Md.) and others Vs. Deputy Commissioner & ors, 2005, 34 CLC (HCD)
.... 12‑6‑2000 and 21‑6-2000 respectively passed by the learned Senior Assistant Judge, Sadar Court, Tangail, in Other Class Suit No.114 of 1996 dismissing the suit. 2. The facts involved for disposal of the Rule are as follows: The case of the plaintiff-petitioners as per averment ......rein except them but the ex parte order of cancellation of the settlement of their vendor Mofizuddin has created cloud over their title and hence they were compelled to institute the instant suit for declaration of their title. 3. The defendant Nos.1‑4 contested the suit by filing a joint wri..Category: Property Law | Date: 19 Jun, 2005 | Hits: 3
Kazi Mahbubuddin Ahmed alias Mahbub Vs. State, represented by the DC, Dhaka, 2005, 34 CLC (HCD)
.... across such a weird scenario as the present ease has bestowed in a murder episode of a lady-two diametrically divergent versions, one set on roll by husband of deceased lady on lodgment of a first information report with Police Station which was drafted and processed by father of deceased lady and ......one of the neighbouring people of crime building were witnesses in the case. Name of Nur Mohammad, driver of the car of Mahbub (convict-appellant) came into picture from mouth of P.W.1 himself in his declaration before trial Court that on 2‑12‑1992 at about 2‑00 PM (noon) Nur Mohammad came to ..Category: Criminal Law, Evidence Law | Date: 15 Jun, 2005 | Hits: 7
New Zealand Milk Brands Ltd. Vs. Sanowara Dairy & Industries Ltd. and another, 2008, 37 CLC (HCD)
....-in-interest of the Petitioner") who, being engaged in the business of manufacturing, importing and marketing of powder milk, butter oil, condensed milk etc. including milk products in all their forms in Class- 29 throughout the world and having acquired a reputation for the unrivalled quality ......the Petitioner, i.e., Unilac Australia Pty Ltd. praying for a money decree of Taka Twenty-eight crore that is now pending. Evident from the certified copy of the plaint of the said Suit is an express declaration and admission that the said Mr. Islam being sole proprietor of Sanowara Corporation ente..Category: Intellectual Property Law | Date: 21 May, 2005 | Hits: 187
Bangladesh rep. by the Ministry of Works & ors Vs. Nasima Khatoon and others, 2005, 34 CLC (AD)
....ka, while they were permanent residents and nationals of Bangladesh. The premises in dispute originally belonged to Shamsuddin Ahmed consisting of 144 sq. yds. of land which was given on lease to him for a period of 99 years and on which he built one room. In compliance with the registered standard ......t apply its judicial mind in deciding the case High Court Division did not commit any illegality in reversing such finding and in releasing the property from the list of abandoned properties as the declaration of the same as abandoned property was infringement of the very valuable fundamental rig..Category: Property Law | Date: 4 May, 2005 | Hits: 115
Government of Bangladesh Vs. Ali Akbar Ansari, 2005, 34 CLC (AD)
....15.01.1971. The respondent along with the members of his family was in peaceful possession of the disputed properties at 426 and 427, Ansari Mansion, Enayet Bazar, Batali Road, Chittagong from long before the liberation of Bangladesh and also from 15.01.1971 when the declaration of gift was made. Af......oth of them along with their wives orally gifted all their properties in then East Pakistan to Ali Akbar Ansari, the respondent who is the only son of their elder brother. The gift was confirmed by a declaration of gift on 15.01.1971. The respondent along with the members of his family was in peacef..Category: Property Law | Date: 9 Apr, 2005 | Hits: 93
Ismail Hussain Posshari & anr Vs. District Land Acquisition Officer, Bogra & ors., 2006, 35 CLC (AD)
.... Judgment March 28, 2005. The Acquisition and Requisition of Immovable Property Ordinance, 1982 (11 of 1982), section 28 Whether period of limitation for filing an arbitration case can be extended.- When the compensation assessment was ma......led two other application, one on March 30, 1994 and another on April 5, 1994 but compensation assessed was not paid to them and thereupon the appellants filed Other Class Suit No. 65 of 1995 seeking declaration of their title in respect of 3.20 acres of land which they purchased on January 11, 1979..Category: Property Law | Date: 28 Mar, 2005 | Hits: 64
Abdul Halim Gazi and others Vs. Afzal Hossain & ors., 2005, 34 CLC (AD)
....in a writ petition to set aside the election and whether such a writ petition is maintainable. Disputed question of fact cannot be decided in writ petition specially when such question is pending before the Appellate Division for decision. When there is no question of corum non judice or malice i......ng the loan taken by him from the Janata Bank, Jhalakati Branch, Barisal comes within the mischief of the aforesaid provision of law as to his disqualification to seek the election. Therefore, the declaration of the appellant as elected chairman of the Pourashava is without jurisdiction. The app..Category: Election Law | Date: 15 Mar, 2005 | Hits: 168
Mizanur Rahman (Md.) Vs. Commissioner of Customs and others, 2005, 34 CLC (HCD)
....question they have illegally rejected the invoice price and fixed a value arbitrarily without any material basis. The petitioner also challenged the imposition of penalty to the tune of Taka 3,90,000 for non‑obtaining of CRF certificate inasmuch as SRO No.316 dated 19‑10‑1999 has been repealed......nd odd. Hence this Rule. 4. The respondent No.1 entered appearance filed an affidavit‑in‑opposition wherein he has made out a case that the petitioner imported goods beyond declaration and that he is also guilty of non-obtaining the CRF Certificate for the same and hence t..Category: Fiscal/Taxation Law | Date: 6 Mar, 2005 | Hits: 1
Hazi Md Hossain @ Md Aowlad Hossain and others VS. Obaidul Haque & others, 2005, 34 CLC (AD)
....s case may be taken as additional factor in arriving at the decision in the case in hand. The Code of Civil Procedure, 1908 (V of 1908), Order XXXIX, Rules 1 & 2 In a suit for partition of immovable property whether a party can be allowed to construct a multi-storied bui......gation primarily that construction the defendant allegedly intended to make would block plaintiffs' passage to and from his land The plaintiff, in the case reported in 3 BLC (AD) 78 filed suit for declaration of title to and recovery of khas possession of the land in suit. Therein plaintiff pray..Category: Civil Law | Date: 6 Mar, 2005 | Hits: 308
Category: Property Law | Date: 23 Feb, 2005 | Hits: 5
Chairman, Sherpur Paurashava Vs. Md. Jahangir Hossain Chowdhury, 2005, 34 CLC (AD)
....ia Khatun, Advocate-on-Record — For Respondent Nos. 1—8. Not represented— Respondent No. 9. Not represented — Respondents. Civil Petition for Leave to Appeal Nos. 336 & 337 of 2003. (From the judgment and order dated 5th Novemb...... reversing those dated 30-4-1994 by the Assistant Judge, Additional Court, Sherpur in Other Class Suit No. 276 of 1990. 2. The respondent No.9 and the petitioner filed the suit for declaration that the ex parte decree passed on 13-7-1982 in Other Class Suit No. 1379 of 1980 in fav..Category: Property Law | Date: 1 Feb, 2005 | Hits: 118
SMAH Ltd SMAH Ltd Vs. Government of Bangladesh and others, 2005, 34 CLC (HCD)
....ted by the Secretary, Ministry of LA & LR and others Vs. Commercial Trust of Bangladesh Ltd. and others, 1994 BLD (AD) 72=46 DLR (AD) 83; Brahmanbaria Pourashava Vs. Secretary, Ministry of Land Reforms, Government of Bangladesh and others, 51 DLR (AD) 84. Lawyers Involved: TH Khan with......mately it was restored to the original owner. Respondent No.6, the Deputy Commissioner, Dhaka filed a suit being Title Suit No.28 of 1992 in the 3rd Court of Additional Assistant judge, Dhaka seeking declaration that the decree dated 15-6-1988. (Annexure-E) passed in Title Suit No.84 of 1988 and the..Category: Property Law | Date: 16 Jan, 2005 | Hits: 7
Afzal Molla (Md.) Vs. Government of Bangladesh & others, 2005, 34 CLC (HCD)
....ion Act. 2. The petitioner in his application has stated, short, inter alia, that he as plaintiff filed Title Suit No.10 of 1993 in the Court of learned Senior Assistant Judge, Sadar, and Khulna for declaration that he is the permanent licensee of the suit land and for permanent injunction with......Act. 2. The petitioner in his application has stated, short, inter alia, that he as plaintiff filed Title Suit No.10 of 1993 in the Court of learned Senior Assistant Judge, Sadar, and Khulna for declaration that he is the permanent licensee of the suit land and for permanent injunction with a p..Category: Limitation Law | Date: 10 Jan, 2005 | Hits: 6
Lal Miah (Hajee) Vs. Nurul Amin and others, 2005, 34 CLC (AD)
....7 (I of 1877), Section 27 In view of the provisions of section 27 as the defendant no. 2 had acquired title to the property regarding which defendant no. 1 earlier entered into an agreement for sale with the plaintiffs and as the defendant no. 2 failed to establish that he purchased the p...... Joint District Judge), Narayanganj passed in Title Suit No.72 of 1992 dismissing the same. The suit was filed for specific performance of the contract for sale of land for further relief by way of declaration that the sale deeds by the defendant No. 1 in favour of the defendant No. 2 are fraudul..Category: Procedural Law | Date: 5 Jan, 2005 | Hits: 147
Bangladesh Legal Aid and Services Trust and another Vs. Bangladesh and others, 2004, 33 CLC (HCD)
.... 1-5 to show cause as to why they should not be directed (a) to take necessary steps and action to ensure that all licensed manufacturers of salt do produce, pack and sell salt with Iodine content conforming with the quality and standard as specified in the Iodine Diseases Prevention Act, 1989; (b) ......dine is a punishable offence/act and the sale of iodized salt in package should contain name of the manufacturers, the contents, date of package and the package number, the maximum retail price and a declaration that the iodine has been mixed with the salt proportionately in accordance with provisio..Category: Health Law | Date: 14 Dec, 2004 | Hits: 239
Dr. Alauddin Ahmed Vs. Md. Idris Ali Bhuiyan and others, 2004, 33 CLC (AD)
....s……….......Respondents Judgment October 30, 2004. The Representation of People’s Order, 1972 (P.O. 155 of 1972), Article 31 The Election Tribunal is competent to call for election materials to see whether provisions of Article 31 of the Order has been violated or not...... are that, the respondent No.1 filed Election Petition No. 2 of 2001 before the High Court Division under Article 49 of the Representation of the People Order 1972, in short the Order, praying for a declaration that the election of the returned candidate i.e. Present appellant, is void and for a ..Category: Election Law | Date: 30 Oct, 2004 | Hits: 142
Ashraful Alam Vs. Md. Moniruddin and ors, 2004, 33 CLC (HCD)
....wed. A permissive possession to become adverse must be established by cogent and convincing evidence to show hostile animus and possession adverse to the knowledge of real owner. Mere possession for a long time does not result in converting permissive possession into adverse possession. Cf: Tha...... passed by the Subordinate Judge, Court No.1 at Rangpur in Other Class Suit No.5 of 1995, which decreed the suit. 2. Respondent Nos.1 to 6 as plaintiffs on 14-2‑95 instituted the suit for declaration of title in the suit land on the basis of adverse possession only and also for further d..Category: Property Law | Date: 17 Aug, 2004 | Hits: 2
Hasina Begum Vs. Deputy Commissioner, Dhaka and others, 2004, 33 CLC (HCD)
....nate Judge, Court No.3 at Dhaka in Title Suit No.14 of 1991, which dismissed the suit. 2. On 21‑1‑91 the plaintiff instituted the suit against the Deputy Commissioner, Dhaka and three others for declaration of title in the suit land with building thereon fully described in the schedule to t...... Judge, Court No.3 at Dhaka in Title Suit No.14 of 1991, which dismissed the suit. 2. On 21‑1‑91 the plaintiff instituted the suit against the Deputy Commissioner, Dhaka and three others for declaration of title in the suit land with building thereon fully described in the schedule to the p..Category: Others | Date: 15 Aug, 2004 | Hits: 3