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Md. Lukman Vs. Rustom Khan and others, 2008, 37 CLC (AD)
.... Court in auction purchase and have been enjoying and possessing the same. It appears that the S.A. and R. S. record rightly prepared in the name of the Government. The original owners of the suit scheduled property left this Country before, 1965. The suit land has been declared as Enemy Propert...... the judgment and decree dated 10.07.1980 and when the debtor failed to pay the decretal amount, father of the plaintiffs filed Money Execution Case N9.14 of 1982 before the selfsame Court and the property of Shoshi Mohan and others was attached by the Court for open auction. The said execution ..Category: Property Law | Date: | Hits: 51
Special Reference No.1 of 2009, 38 CLC (AD)
....h Rifles, ‘BDR WEEK’ having a good number of training and cultural events is observed at a convenient time every year at BDR HQ (Head Quarter) at Peelkhana, Dhaka and accordingly this year it was scheduled to be held from 23-27 February 2009; and during observance of the ‘BDR WEEK’ this year......by fire or explosive substances; i. Theft, extortion and dacoity; j. Causing disappearance of evidence of offence of murder by removing dead bodies; k. Causing explosion to endanger life and property; l. Criminal intimidation; m. Criminal conspiracy and abetment of mutiny, murder and ..Category: Constitutional Law | Date: | Hits: 289
Saleh Ahmed and others Vs. Amena Bewa and others, 2008, 37 CLC (AD)
....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. ......eed dated 03.09.1941 and 12.11.1941. The record was prepared in their name and they paid rent. After their death the other daughters Fatematuzzohra and Shakina Bewa respectively inherited the suit property. They made an oral gift on 16.09.1986 in favour of Delwar Hossain and others who transferr..Category: Civil Law | Date: | Hits: 94
Bashudev Ghosh & ors Vs. Iswar Sree Sree Bashudev Shalgram Shola Jew Bigrah & ors, 2009, 38 CLC (AD)
.... petitions being Civil Petition for leave to Appeal No. 878 of 2008 and civil petition for leave to Appeal No. 879 of 2008 are dismissed. Ed. This Case is also Reported in: VI ADC (2009) 680. ......on No.201 of 1995 arising out of the judgment and order dated 24.09.1984 passed in S.C.C. Suit No.195 of 1984. Both the cases are between the same parties and arises out of the common fact and same property and the High Court Division disposed of both the Rules issued in the Civil Revision Case No..Category: Tenancy Law | Date: | Hits: 145
Sonali Bank Vs. Artha Rin Adalat, Narayangonj and others, 2009, 38 CLC (AD)
....e impugned judgment passed by the High Court Division. Accordingly, the petition for leave to appeal is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 686, 62 DLR (AD) (2010) 231....... till realization and the suit was decreed ex-parte on 28.11.1993, pursuant to which the writ-petitioner bank filed an application for drawing up of the final decree permitting sale of the mortgage property and accordingly a final decree was passed and drawn up 30.05.1994 and thereafter the writ p..Category: Banking Law | Date: | Hits: 373
Gour Chandra Majhi Vs. Shusen Kumar Mondal and others, 2009, 38 CLC (AD)
.... judgment and order passed by the High Court Division. Accordingly, the application for leave to appeal is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 676. ......ndants and that the plaintiff having lost in Miscellaneous Review Case No. 1007 84-85 has filed the instant suit knowing well that he has no ground for any success. The defendant No.3 inherited the property of Nironjan, being his mother, as per Hindu Daybhaga law of inheritance, and she is in pos..Category: Property Law | Date: | Hits: 54
Indrajit Dutta Vs. Baidhya Nath Banarjee and others, 2009, 38 CLC (AD)
....the judgment and decree of the appellate court. We find no substance in this petition which is accordingly dismissed. Ed. This Case is also Reported in: VI ADC (2009) 674. ......e said compromise decree was obtained in T.S. No. 340 of 1978 by suppressing of process and by false personation, without impleding them as party though they have right, title, interest in the suit property. They learnt about the said decree on 30.01.1983. Since they were not implicated as party ..Category: Property Law | Date: | Hits: 28
Md. Layek Khan and another Vs. Abdul Latif, 2009, 38 CLC (AD)
....evidence and materials on record we find no reason to disturb the same. Hence this leave petition is dismissed having no merit. Ed. This Case is also Reported in: VI ADC (2009) 668. ......evidence and materials on record we find no reason to disturb the same. Hence this leave petition is dismissed having no merit. Ed. This Case is also Reported in: VI ADC (2009) 668. ..Category: Property Law | Date: | Hits: 57
Rajdhani Unnayan Kartipakkya (RAJUK) Vs. Jahan Ara Begum and others, 2008, 37 CLC (AD)
....le disposed of with directions therein are, hereby, set aside. Accordingly, the appeals are allowed. Ed. This Case is also Reported in: 61 DLR (AD) (2009) 145; VI ADC (2009) 649. ......lfillment of criteria as per process of evaluation. He also submits that the High Court Division committed illegality in entertaining the writ petitioners' claim of title in the acquired property on the basis of transactions subsequent to the requisition process because the original ow..Category: Property Law | Date: | Hits: 41
Md. Rustam Al Khan Vs. State and others, 2009, 38 CLC (AD)
....e of the view that the High Court Division did not any kind illegality discharged the Rule. The petition is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 627. ......died leaving behind his only brother Moslem Khan as his heir and successor. Thereafter Moslem Khan died leaving behind two sons Mujibor Khan and accused Rustam Ali Khan who inherited the aforesaid property in equal shares, that Mujibor Khan transferred one acre of land out of said prop..Category: Criminal Law | Date: | Hits: 57
Md. Nurul Alam Miah and others Vs. Md. Idris Ali, 2009, 38 CLC (AD)
....ind no substance in the submissions of the learned Counsel for the petitioner. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 605. ......vagueness in the land which has been decreed by the Court of Appeal below and maintained upto this Division. It further appears that the subject matter of the suit including the description of the property, as described in the schedule to the plaint, is sufficient to identify the suit land and t..Category: Property Law | Date: | Hits: 33
Chitta Ranjan Roy Vs. Dhirendra Nath Roy and others, 2008, 37 CLC (AD)
.... 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: VI ADC (2009) 600. ......ren and the plaintiffs, Birendra and among them Dhiren died unmarried leaving there brothers and thus plaintiffs inherited 1/3rd of 1/7th equivalent to 1.07 acres of land of Mritunjoy's property and further case of the plaintiff is that Debicharan died leaving behind wife ..Category: Property Law | Date: | Hits: 27
Cromvege Tannaries Ltd. & anr Vs. Joint Dist Judge & Artha Rin Adalat No.1, Dhaka, 2009, 38 CLC (AD)
....llegality or infirmity in the decision of the High Court Division no interference is called for. The petition is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 594. ......e-holder bank, is only for possession and enjoyment of the mortgaged properties and it did not mean final disposal of the above execution case for which further action for disposal of the suit property is necessary under section 33(7) of Ain 2003 and the High Court Division misconstruing the..Category: Civil Law | Date: | Hits: 103
Abdul Gafur Vs. Mariom Bibi and others, 2009, 38 CLC (AD)
.... of fact has been affirmed by the High Court Division. We find no substance in this petition which is accordingly dismissed. Ed. This Case is also Reported in: VI ADC (2009) 591. ......pal respondent Nos.1-10 and others as defendants for declaration of title, confirmation of possession and also for permanent injunction in respect of 2nd schedule land within the 1st schedule property of the plaint asserting, inter alia, that the suit schedule land originally belonged to Ko..Category: Property Law | Date: | Hits: 25
Md. Yunus Vs. Abul Kalam others, 2009, 38 CLC (AD)
....ons of the learned Advocate for the petitioner and find no merit in the leave petition. The leave petition is thus dismissed. Ed. This Case is also Reported in: VI ADC (2009) 584. ......injunction restraining the defendant No.1 and 6 from disturbing the peaceful possession of the homestead and from demolishing their latrine of breaking the fencing or cutting the trees in the suit property behind the western side of their house till disposal of the suit. ..Category: Property Law | Date: | Hits: 22
Mahbubur Rahman Miah Vs. MA Kabir Chowdhury and others, 2009, 38 CLC (AD)
....Court Division 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) 573. ......hittagong in Other Execution Case No. 20 of 2003. The opposite party No.1 as plaintiff obtained a decree in Other Class Suit No. 101 of 1989 for declaration of title in schedule-1 of the property and decree for khas possession in report of the property number 2(Ka)-2(Cha) of the schedu..Category: Property Law | Date: | Hits: 25
Nazmul Huda Chowdhury Vs. Janata Bank and another, 2008, 37 CLC (AD)
.... that the High Court Division 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) 569....... are that the suit building a four storied building situated at 27, Agrabad Commercial Area, known as "Mercantile Court" belonging to a non Bengali vested in the Government of Bangladesh as abandoned property and the said building was occupied by different tenants including the plaintiff. The Govern..Category: Property Law | Date: | Hits: 28
H.B.M. Iqbal Vs. Md. Shirajul Islam and others, 2009, 38 CLC (AD)
....17. We find no illegality in the order calling for interference by this court and accordingly the leave petition is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 565. ......ondent Nos.1 and 2 and/or their authorized persons to inspect the share register and share transfer documents of the company, (d) restrain the petitioner from selling any cement or other property of the company without following the provisions of memorandum and article of associat..Category: Business or Commercial Law | Date: | Hits: 193
City Bank Limited Vs. Judge, Artha Rin Adalat, Barisal and others, 2009, 38 CLC (AD)
....here 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) 563. ...... hearing the High Court Division summarily rejected the writ petition holding that the contention of the learned advocate of the petitioner that having the first charge over the mortgaged property the petitioner is a necessary party in the subsequent suit filed by the respondent N..Category: Civil Law | Date: | Hits: 102
Md. Qamrul Islam and others Vs. Md. Abdul Wazed Miah and another, 2008, 37 CLC (AD)
.... 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: 14 MLR (AD) (2009) 561. ......ounds natural, but factual aspect is that in any Muslim joint family also, the elder brother, in the absence of father, becomes the guardian of the family and is responsible to look after the property on behalf of the other members of family though he is not formally termed or addresse..Category: Property Law | Date: | Hits: 22
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