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Enjaheruddin Mia alias Md. Enjaheruddin Mia Vs. Mohammad Hossain and others, 1998, 27 CLC (AD)
....d by the miscreants during the war of liberation of Bangladesh in 1971. Defendant No. 1 upon taking advantage of such wrong recording in the SA Khatian and with a view to grabbing the property of the disputed jote including the suit land had fraudulently created the deed of gift on 27-4-70 correspon...... appellate Court. The impugned judgment of the High Court Division thus, does not call for any interference. The petition is dismissed. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 84. ..Category: Property Law | Date: | Hits: 93
Aung Shwe Prue Chowdhury Vs. Kyaw Sain Prue Chowdhury and others, 1997, 26 CLC (AD)
....r liberation as a collaborator, that subsequently in 1970 he was elected as Member of Parliament and from 1979-82 he was a Minister of State in the Cabinet of late Ziaur Rahman and, as such, he was a disputed person. It was further stated in the said Summary that the appellant has no support of the ......gladesh Gazette on 21-11-96 is declared to have been made and issued without lawful authority and of no legal effect. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 73. ..Category: Civil Law | Date: | Hits: 203
Golam Sarwar (Md) & others Vs. Md Liakat Ali and others, 1997, 26 CLC (AD)
....Ahmed, learned Counsel appearing for the defendant petitioners submits that having regard to the case of the plaintiff as well as the defendants the important question is, who is in possession in the disputed land and that on consideration of the evidence on record the trial court dismissed the sui......te Court, We do not find any legal infirmity in the impugned judgment which calls for any interference. The petition is dismissed. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 67. ..Category: Property Law | Date: | Hits: 74
Abdul Jalil and others Vs. Sharon Laily Begum Jalil, 1997, 26 CLC (AD)
....mmedan Law without adverting to the various contentions raised by the parties holding that “in deciding the question regarding custody of minor children we refrain from making any comment about the disputed question of facts and rival contentions narrated in the petitions affidavit-in-opposition.â......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
Hasna Banu & others Vs. Keamat Ullah Malitha and others, 1997, 26 CLC (AD)
....ration and not binding upon the plaintiff. 5. The lower appellate Court as a court of fact disagreed with the findings of the trial Court and found that the plaintiff first came to know about the disputed kabala from her son Keamuddin and as such the date of knowledge of the plaintiff as stated ...... Court on the question of limitation and decreed the suit. The appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: 50 DLR (AD)(1998) 50, 18 BLD (AD) 10. ..Category: Procedural Law | Date: | Hits: 154
Islam Steel Mills Ltd. Vs. Nirman International Ltd. and others, 1998, 27 CLC (AD)
....ed, the Court should be very circumspect in allowing such prayer and must decide the matter on the strength of the facts of each case. In their petition before the High Court Division, the defendants disputed the claim of the plaintiffs as to alleged admitted liability. The High Court Division has c...... trying to withdraw bills from the Bangladesh Bank to defraud the plaintiff and to frustrate the suit. The petition is dismissed. Ed. This Case is also Reported in: 50 DLR (AD)(1998) 21. ..Category: Procedural Law | Date: | Hits: 134
Bangladesh Bar Council Vs. Khawja Abdul Gani and another, 1997, 26 CLC (AD)
....ill be filed through Advocate Mr. Goswarni; that respondent No. 1, however, fraudulently through a new Advocate whom the complainant did never engage, filed a so-called Solenama admitting gift of the disputed land in favour of the son of respondent No. 1; that the complainant then filed an applicati......ent case, although offence of this nature is not compoundable. Consequently, the appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: 50 DLR (AD)(1998) 18. ..Category: Others | Date: | Hits: 105
Mansur Ali Sikder Vs. Kanailal Banaajee & others, 1997, 26 CLC (AD)
....’ to the plaint which originally belonged to Kunja Lal Shaha. The plaintiff contends that Kunja Lal died leaving surviving three sons Ranajit, Sunil and Benoy, that Benoy being in possession of the disputed structure leased out the same to him at a monthly rental of Taka 300.00 and that he subsequ......committed any error of law leading to a failure of justice. No interference is therefore called for. The petition is dismissed. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 14. ..Category: Property Law | Date: | Hits: 82
Al-Haj Abul Basher Vs. Bangladesh and others, 1997, 49 CLC (AD)
....he land of the petitioners. 3. The common case of respondent Nos. 2-4 is that in pursuance of LA Case No. 138/62-63 possession had already been taken of the entire requisitioned land including the disputed land of the petitioners by the CDA. 5.79 acres of the petitioners land is separate and not ......same cannot be said to be arbitrary, unfair and illegal. For the reasons stated above, the petition is dismissed. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 11, 1997 BLD (AD) 321. ..Category: Property Law | Date: | Hits: 81
Abdus Samad Akand and others Vs. Abdul Halim Miji and others, 1997, 26 CLC (AD)
.... death was survived by one son Abdul Khaleque Miji and some daughters. Abdul Khaleque Miji purchased the shares of his sisters and became the sole owner of the suit plot. The plaintiffs purchased the disputed. 0.19-1b/2 acres of land from Abdul Khaleque Miji by means of four registered Kabalas of th......fere with the impugned judgment of the High Court Division. In the result, this appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 6. ..Category: Property Law | Date: | Hits: 83
Bangladesh Shilpakala Academy Vs. Shahidul Islam and another, 1997, 26 CLC (AD)
....s of 1986 which provides that no authority subordinate to that by which a Government servant was appointed shall be competent to impose on him any major penalty. On behalf of the appellant it was not disputed that the Parishad was the appointing authority of the respondent but the order of dismissal......as liable to be declared as such. This appeal must, therefore, fail. It is, accordingly, dismissed without any order as to costs. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 1. ..Category: Employment/Service Law | Date: | Hits: 145
Giasuddin (Md) Vs. MV Forum Power and ors, 2001, 30 CLC (AD)
....at the money we have deposited with the bank guarantee in this suit was given to us by the owner. I do not know whether there is paper in my office from the defendant Nos. 1 and 4 ever denied or disputed the claim of the plaintiff.’ From the above admission it is clear that the defendant ......realisation of Taka 11,59,882.25 with cost against the defendant respondent Nos. 1-5 as prayed for. Ed. This Case is also Reported in: 53 DLR (AD) (2001)19 ..Category: Admiralty Law or Maritime Law | Date: | Hits: 202
Abdul Jalil and others Vs. Islamic Bank Bangladesh Ltd and others, 2000, 29 CLC (AD)
..... Kamal Hossain, learned Advocate appearing on behalf of the petitioners submits that the respondents in the earlier suit obtained a decree practicing fraud upon the court by placing that area of the disputed land was 0090 acre (90 Ajutangsha) and not 9400 acre (94 Satangsha) as had all along been a......rrect appreciation of both law and fact. There is therefore no merit in this petition. The petition is accordingly dismissed. Ed. This Case is also Reported in: 53 DLR (AD) (2001) 12. ..Category: Property Law | Date: | Hits: 101
Shah Sufi Taj Islam Vs. Begum Rokeya Chowdhury and another, 2000, 29 CLC (AD)
....al Court and in the appellate Court and in the High Court Division the volume in which the original documents are entered is required to decide the dispute as to the execution and registration of the disputed kabalas between Pir and his disciple and that the plea of the office of the Sub- Registrar ......missions made by Mr. Mahbubey Alam, the learned Advocate for the petitioner, do not merit consideration. The petition is dismissed. Ed. This Case is also Reported in: 53 DLR (AD) (2001) 7. ..Category: Civil Law | Date: | Hits: 162
Tara Mia & others Vs. Taru Mia & others, 2006, 35 CLC (AD)
....courts below did not read Exits. 1 and 1(a) in as much as Ext. 1 (a) shows that the vendors sold their rent receiving interest in the suit jote. The genuineness of Ext. A registered in 1939 cannot be disputed on the basis of evidence adduced in 1965 and that the suit for partition simpliciter i......e, we are of the view that the High Court Division did not commit any error in allowing the appeal. Accordingly, the appeal is dismissed with costs. Ed. ..Category: Property Law | Date: | Hits: 76
Agrabad Hotel Ltd. & another Vs. Revenue Deputy Collector, Cox's Bazar & others, 2006, 35 CLC (AD)
....he appellants and Mr. AJ. Mohammad Ali, the learned Additional Attorney General for the respondents and perused the judgment of the High Court Division and other connected papers. 6. It is not disputed that the Government allotted 5 acres of land of Plot No. 14/4 of Mouza-Jhilwanja District-C......e discussions made above, we are of the view that the High Court Division was not justified in discharging the Rule. The appeal is, accordingly, allowed. No order of cost. Ed. ..Category: Property Law | Date: | Hits: 127
Hriday Ranjan Dey & another Vs. Niranjan Dey and others, 2002, 31 CLC (AD)
....ng the possession of the plaintiffs D.W. 1 Niranjan himself admitted the posÂsession of the plaintiffs. 8. The Court of appeal below also held that "Ananada @ Ananga being the sole owner of the disputed properties was the only competent man to transfer the properÂty to anybody he liked and th......he High Court Division are set aside and those of the learned District Judge duly affirming those of the learned Munsif are restored. Ed. This Case is also Reported in: 54 DLR (AD) (2002) 16. ..Category: Procedural Law | Date: | Hits: 112
Moulana Serajul Haque Vs. Md. Saifullah, 2006, 35 CLC (AD)
....hen filed Civil Petition before the Appellate Division being Civil Petition No. 351 of 1984 for leave to appeal but it was also rejected on the same finding. As the defendant claimed ownership in the disputed property this has cast cloud upon the title of the plaintiff. As such the plaintiff institu......t Division are hereby set aside and those of the learned District Judge, Chandpur passed in Title Appeal No. 139 1994 and 140 of 1994 are restored. There is no order of costs. Ed. ..Category: Property Law | Date: | Hits: 175
Md. Motiruddin Mondal @ Matiar Rahman Mondal & ors Vs. Full Mohammed Mollah & ors, 2006, 35 CLC (AD)
....el for the appellants and Mr. Mahbubey Alam, the learned Counsel for respondent Nos. 1-3 and perused the judgment of the High Court Division and other connected papers. 7. It is not disputed that the suit land belonged to Modhu Lal Bhowmick and others under landlord ......rent for the suit land by 17 dakhilas. 11. The trial court further held that the plaintiffs filed two dakhilas granted by the landlords in their favour. But in the dakhilas the plot number and khatian number were not mentioned but those were granted by the Putia Raj Estate and there is no evi..Category: Property Law | Date: | Hits: 63
Jobayer Hossain and others Vs. Noor Hafez and another, 2006, 35 CLC (AD)
.... evicted with force except in due course of law and can exercise his right of possession restraining everybody including the real owner. In a suit for permanent injunction court need not enter into disputed title except to the extent that it would help the Court in finding which of the parties ha......ithout any order as to costs. Accordingly the suit is remanded to the trial Court for disposal in accordance with law and in the light of the observations made above. Ed. ..Category: Property Law | Date: | Hits: 43
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