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Hazera Khatun Vs. Dr. Md. Enayetullah, 2000, 29 CLC (AD)
....ulting in the filing of this petition for leave to appeal. 3. It was contended by Mr. NH Khandaker that in view of the pendency of the appeals and the petitioner being in possession in the disputed property the High Court Division fell in error of law in not noticing that the possession ...... discharged also on that ground correctly by the High Court Division. On the above grounds we dismiss this petition. Ed. This Case is also Reported in: 52 DLR (AD) (2000) 33. ..Category: Property Law | Date: | Hits: 87
Government of Bangladesh and others Vs. Md. Tajul Islam, 1997, 26 CLC (AD)
....ssion against the respondent. In this context, the appellants served a show cause notice on 9-2-94 and cancelled the respondent’s licence on 26-2-94. 20. From the facts as aforesaid which we not disputed it is found that the appellants found fault with the respondent for not solving the problem......this appeal should be dismissed. Order of the Court By majority decision the appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: 49 DLR (AD) (1997) 177. ..Category: Constitutional Law | Date: | Hits: 192
Abdur Rahman (Md) Vs. Md. Iqbal Ahmed and others, 1997, 26 CLC (AD)
....Fourth Court of Munsif, Habiganj a suit, Title Suit No. 96 of 1958, against defendant Nos. 1-7 and their constituted attorney defendant No. 8 for specific performance of a contract for sale of the disputed land. The suit was eventually decreed on 31 January 1967 with a direction to defendant No.......e benefits of the decree obtained after protracted litigation. The petition is, therefore, dismissed. Ed. This case is also reported in: 49 DLR (AD) (1997) 142 ..Category: Property Law | Date: | Hits: 84
Abdul Kaiyum (Md) Vs. Krishnadhan Banik being dead, his heirs Bijan K Banik & ors, 1997, 26 CLC (AD)
....os. 2-5 for specific performance of contract. The suit was decreed on compromise on 121191 and in execution of the said decree Title Execution Case No 2 of 1991 the petitioner got possession of the disputed property on 18 2 94 On 1394 the predecessor of respondent Nos. 1(a) 1(f), Krishnadhan Bani......ugned judgment or in the revision petition before the High Court Division. The petition is dismissed. Ed. This case is also reported in: 49 DLR (AD) (1997) 140 ..Category: Property Law | Date: | Hits: 64
Government of Bangladesh Vs. Ashraf Ali @ Ashraf Ali and another, 1997, 26 CLC (AD)
....ellant is directed against the judgment and order dated 22-6-93 passed by the High Court Division making the Rule absolute in Writ Petition No. 1477 of 1988, thereby declaring the enlistment of the disputed building in the ‘ka’ list of abandoned building vide notification in the Offic...... those of the Court of Settlement are restored. Accordingly, the appeal is allowed without any order as to costs. Ed. This case is also reported in: 49 DLR (AD) (1997) 161 ..Category: Property Law | Date: | Hits: 89
Safaruddin and others Vs. Fazlul Huq and others , 1997, 26 CLC (AD)
.... holding originally belonged to Shakir Mahmud and Zakir Mahmud. The plaintiffs who are respondent Nos. 1-5 filed the suit for declaration of title and partition. They claim 2.971/2 acres out of the disputed land by way of inheritance. 3. The contesting defendants, on the other hand, claim......round for interference with the impugned order of the High Court Division. This petition is, therefore, dismissed. Ed. This case is also reported in: 49 DLR (AD) (1997) 151 ..Category: Property Law | Date: | Hits: 71
Government of Bangladesh Vs. Hosne Ara Begum, 1997, 26 CLC (AD)
....f the damage and compensation. 8. It was the plaintiff herself alone supported by no other witness or evidence, who tried to make put her claim. In her testimony she has stated that in the disputed property there are 65 rooms, that her own house and her father’s house are situated ......ment and decree of the High Court Division be set aside and those of the trial Court be restored. Ed. This Case is also Reported in: 2 MLR (AD) 1997, 56, 49 DLR (AD) (1997) 127 ..Category: Property Law | Date: | Hits: 72
State Vs. Jobaida Rashid, 1997, 26 CLC (AD)
....re illegally kept/stored or preserved by the respondent. A seizure list was prepared at the mid-night of 2-11-96 and the respondent was forced under threat, coercion and intimidation to sign the said disputed seizure list but she protested the preparation of the false seizure list. She cannot read o......t Division committed no error either in law or on fact as would call for interference by this Division. The petition is dismissed. Ed. This case is also reported in: 49 DLR (AD) (1997) 119. ..Category: Criminal Law | Date: | Hits: 115
Surat Sarder and others Vs. Afzal Hossain and others, 1997, 26 CLC (AD)
....onsideration of the evidence on record dismissed the suit holding that the suit was bad for want of cause of action, as the plaintiffs did not make any allegation in the plaint that the defendants disputed their title to the suit land, The learned Judge of the High Court Division has lawfully up......dgment and decree dated 3-8-86 passed by the learned Munsif in Title Suit No. 117 of 1985 decreeing the suit are restored. Ed. This case is also reported in: 49 DLR (AD) (1997) 99 ..Category: Property Law | Date: | Hits: 79
Chitta R Chakraborty being dead, his heirs Ashish C. & ors Vs. Md. A. Rob, 1997, 26 CLC (AD)
....t denied the claim of the plaintiffs in a written statement. His plea was as follows. The defendant and one Ashrafuz Sultan had agreed to purchase the eastern and the western half respectively of the disputed holding at a consideration of Taka 40,000.00. They paid Taka 5000.00, each paying Taka 2500...... result, this appeal is allowed without any order as to costs. The impugned judgment and order of the High Court Division are set aside. Ed. This case is also reported in: 49 DLR (AD) (1997) 96 ..Category: Tenancy Law | Date: | Hits: 88
Ali Ahmed & ors Vs. Nazimuddin P. being dead, his heirs Azimuddin P. & ors., 1997, 26 CLC (AD)
....ce as to tender of the consideration on 28 Magh 1365 BS has litttle ground. The well settled principle of law that in the case of a contract for reconveyance time is the essence of contract is not disputed before us in view of the decisions in Abdul Rahim Sardar vs. Idris Ali Bepari, 11 DLR 169 ......f the said court. In the result, both the appeals are dismissed without any order as to costs. Ed. This Case is also Reported in: 1 MLR (AD) 1996, 433, 49 DLR (AD) (1997) 90 ..Category: Property Law | Date: | Hits: 60
Bangladesh House Building Finance Corpn. Vs. Jahan Ara Akhtar & others , 1997, 26 CLC (AD)
....Rafique-ul Huq. All indications therein lead to the conclusion that the word “mamla” in section 5(1) refers to ‘Suit’ and not to all kinds of legal proceedings. It cannot be disputed; Mr. Huq does not, that before the promulgation. of the Act a financial institution such a......d calls for no interference. The appeal is accordingly dismissed without any order as to cost. Ed. This Case is also Reported in: 1 MLR (AD) 1996, 293, 49 DLR (AD) (1997) 80 ..Category: Business or Commercial Law | Date: | Hits: 117
Rupe Jahan Begum and others Vs. Lutfe Ali Chowdhury and others, 1997, 26 CLC (AD)
....money though an important criteria in a benami transaction but in the absence of an unambiguous ownership consideration of other relevant circumstances become important in a case where ownership is disputed. The disputed question of benami cannot be determined only on the consideration of source...... brought the documents to her father’s house for the purpose of payment of rent but due to her illness she forgot to take them back with her, and further produced all other documents namely, khatians and rent receipts showing payment of rents by defendant No. 1 through her karjyakarak. The..Category: Procedural Law | Date: | Hits: 140
Rezaul Karim and others Vs. Shamsuzzoha and others, 1997, 26 CLC (AD)
....not be sustained. The appeal is allowed with costs. The impugned judgment of the High Court Division is set aside. Ed. This case is also reported in: 49 DLR (AD) (1997) 68 ......pondents filed the aforesaid suit for partition claiming 12 annas 10 ½ paisa share in the Suit property stating, inter alia, that 15 acres of land with structures thereon in plot No. 2379 of khatian No. 286 (old) khatian No. 409 (new). Mouza Kalishankarpur belonged to one Judhistir Chandr..Category: Property Law | Date: | Hits: 77
Mohsin Mia Vs. Bangladesh, 1997, 26 CLC (AD)
.... opening of the bids on 24-10-96 respondent No. 5, Sylhet Pulp and Paper Mills, at the instigation of the failed tenders wrote to respondent No. 4, Divisional Forest Officer, requesting sale of the disputed Bash Mohal to them at Taka 2,85, 19,750.00 i.e. Taka 2 1,80,027.50 more that the highest ......foresaid principles and not on any legal right before any order of restraint is passed. The petition is dismissed. Ed. This case is also reported in: 49 DLR (AD) (1997) 66 ..Category: Constitutional Law | Date: | Hits: 149
Abdul Jalil Miah (Md) Vs. Niropama Ritchil and ors., 1997, 26 CLC (AD)
....case of adverse possession at the last moment during the argument without laying any foundation in the plaint. But in the instant case the averments that the plaintiff has been in possession of the disputed land in assertion of his ownership by purchase openly, peaceably, continuously and advers......sion, although on different reasonings. In the result the appeal is dismissed with costs. Ed. This Case is also Reported in: 1 MLR (AD) 1996, 426, 49 DLR (AD) (1997) 61 ..Category: Property Law | Date: | Hits: 72
Anwaruddin Bepari Vs. Assistant Commissioner (Land) and Others, 1997, 26 CLC (AD)
....umbered since 10-1-72 after the expiry of 7 years as being the absolute owner in possession by virtue of his purchase by registered Kabala dated 11-1-1965. 3. In order to recover the disputed land und the agreement which expired on 10-1-1972 long before the promulgation of Presiden......d without lawful authority and be of no legal effect. There will, however, be no order as to cost. Ed. This Case is also Reported in: 1 MLR (AD) 1996, 94, 49 DLR (AD) (1997) 48 ..Category: Property Law | Date: | Hits: 88
Mofizul Huq Vs. Mofizur Rahman and others, 1997, 26 CLC (AD)
.... the medical allowance for the said teachers and employees were raised from 70% to 80% and from Taka 100.00 to Taka 150.00 per month respectively. 15. Mr. Karim has argued that it is not disputed that the Sammilani Girls’ High School has been accorded recognition under the afores......cost and the impugned judgment and order; are set aside. Ed. This case is also reported in: 48 DLR (AD) (1996) 121, 49 DLR (AD) (1997) 38 ..Category: Others | Date: | Hits: 85
State Vs. Golam Mostafa & ors., 1997, 26 CLC (AD)
.... court within, the meaning of section 349A of the Code Criminal Procedure. In support of his submission he referred to the relevant provisions of the Martial Regulations. 13. It is not disputed that the Chief Martial Law Administrator or an officer authorised by hill was competent t......ave already taken place. For the reasons stated above the appeal is dismissed subject to the modification as above. Ed. This case is also reported in: 49 DLR (AD) (1997) 32 ..Category: Criminal Law | Date: | Hits: 120
Bangladesh Vs. Abdul Latif Chokder , 1997, 26 CLC (AD)
....tion on the ground of the conviction of the respondent by a court of law and the same could not be considered as a final decision of his service appeal made on 8- 12-78. 9. It is not disputed before us that the respondent was removed from his service on 25-9-78 and the petition was...... was granted. Accordingly, the appeal is allowed without any order as to costs. Ed. This Case is also Reported in: 1 MLR (AD) 1996, 393, 49 DLR (AD) (1997) 29 ..Category: Administrative Law | Date: | Hits: 106
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