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Shafiqur Rahman Vs. Idris Ali, 1983, 12 CLC (AD)

.... Ahmed J. ORDER OF THE COURT By the majority decision, the appeal is dis­missed without any order as to costs. Ed. This Case is also Reported in:  37 DLR (AD) 71. ......laint for Tk. 4,500/- on September 20, 1959, and in pursuance of the auction sale took delivery of possession on February 2, 1960. As the decretal amount was not fully satisfied by the first sale, property descri­bed in Schedule 2 of the plaint was auction purchased by plaintiff-appellant fo..

Category: Others | Date: | Hits: 86

Md. Osman Gani Vs. Mst. Kulsum Bibi & ors., 1984, 13 CLC (AD)

....r. The appellate Court took the view that the children had attained majority and therefore the provision of the children was cut out but by application of Order 41 rule 33 it increased further the personal allowance of the wife. 11. In the case of State of Bihar Vs. Dhukulal Das and other......ected against the judgment and order passed by the High Court Division, Rangpur Bench in Civil Order No. 852 of 1982. 2. The appellant as plaintiff filed a suit for partition of the schedule property stating, inter alia, that Mangia Sk. had 6 annas 8 pies share in C.S. Khatian No. 264 and ..

Category: Property Law | Date: | Hits: 38

Alex & Simon International Ltd. Vs. Yasmin Bashar & others, 2007, 36 CLC (AD)

.... 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) 359. ...... alia, that they purchased the land in question on 28.04.1977 and since then they have been in possession of the same on getting their names mutated and a caretaker was appointed to look after the property. On 16.02.2004, some unknown persons entered into the land in question to start constructi..

Category: Criminal Law | Date: | Hits: 45

Md. Jasimuddin Sarker Vs. State, 2008, 37 CLC (AD)

.... above, the submission of the learned Advocate-on-Record deserves no consideration. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 349. ......91. The V.P. Super received the case record of V.P. case No. 262(ka) 66-67 on 08.07.1984 from V.P. Advocate and in connivance of each other concealed the file for misappropria­tion of the said property thereby commit­ted an offence under Section 204/210/109/420 of the Penal Code read wit..

Category: Criminal Law | Date: | Hits: 64

Md. Abdus Samad and oth­ers Vs. Md. Mukbal Hossain Mondal and others, 2008, 37 CLC (AD)

....ub­stance in the submissions of the learned Advocate for the petitioners. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 320. ...... 4. Syed Humayun Kabir Khadem; learned Advocate, appearing for the petitioner submitted that admittedly the plaintiffs are the heirs of the original owner and that they have claimed the suit property by way of inheritance; that the plaintiffs are in possession of their land measuring an ar..

Category: Property Law | Date: | Hits: 28

A.H.M. Quamruzzaman and others Vs. Rajdhani Unnayan Kartripakkha (RAJUK), 2008, 37 CLC (AD)

....ondents are directed to ensure the same by implementing their undertaking. With this observation the leave petition is disposed of. Ed. This Case is also Reported in: VI ADC (2009) 316. ......n of the building in the said land. There is no record with the RAJUK that the petition­ers are the owner of the said piece of land as such RAJUK has served the notice to the owner of the said property namely Muktijoddha Punarbashon Bohumukhi Samabaya Samity Limited in accordance with law. ..

Category: Property Law | Date: | Hits: 38

AMM Ali Ashraf Vs. Nurun Rashid Chowdhury, 2007, 36 CLC (AD)

....ions of the learned Counsel for the petitioners. Accordingly, the petition is dismissed without any order as to costs. Ed. This Case is also Reported in: VI ADC (2009) 307. ...... died leaving mother, hus­band and a son who is the plaintiff. The plaintiff came to know in the first week of the September, 1984 that his mother's name was not in the khatian of the schedule property and hence he tiled the suit for declaration of title. 3. The Subordinate Judge, 2nd ..

Category: Property Law | Date: | Hits: 32

Vickchand Miah and others Vs. Khurshida Khatun & ors., 1996, 25 CLC (AD)

.... that does not affect the substantial decision of the High Court Division. Accordingly this appeal is dismissed with costs. Ed. This Case is also Reported in: II ADC (2005) 349. ......of his death. 3. The defendants contested the suit by fil­ing a joint written statement. Briefly put, their case was that Abdul Barek had no issue. Defendant No. 1 used to look after his property. Before his death Abdul Barek proposed to sell the suit land for his medical treatment. On..

Category: Property Law | Date: | Hits: 40

Bangladesh Vs. Chairman, 1st Court of Settlement, Segunbagicha, Ramna, Dhaka, 2003, 32 CLC (AD)

.... Division in the Writ Petition No. 1370 of 1994. In the result, the appeal is dismissed with­out any order as to costs. Ed. This Case is also Reported in: II ADC (2005) 346. ...... 1370 of 1994. Leave was granted by the order-dated 9.8.2000 to consider the question whether the decree obtained by respondent No. 2 in a suit for specific performance of contract in respect of a property which has been enlisted as an abandoned property in the "Ka" list is a bar for i..

Category: Property Law | Date: | Hits: 38

Danish Ali & others Vs. Mrs. Sakina Bai & ors., 1998, 27 CLC (AD)

...., setting aside the order dated 6.4.97 passed by the learned Subordinate Judge, 3rd Court, Dhaka in Misc. Case No. 89 of 1987, directing defendant respondent No. 1 Mrs. Sakin Bai to appear in court personally at the time of hearing of the said case for her exami­nation in Court. 2. The......hat the plaintiff appellants on 31.12.86 got an ex parte decree in Title Suit No. 203 of 1984 of the Court of the Subordinate Judge 4th court, Dhaka for declara­tion of their title to the suit property, comprising of land and buildings within Dhaka City, on adverse possession. Defendant resp..

Category: Procedural Law | Date: | Hits: 96

Surendra Nath Sarkar and another Vs. Md. Jalil Shaikh, 1997, 26 CLC (AD)

....High Court Division is set aside and the Judgment and order passed by the learned dis­trict Judge in the Misc. Case in question is restored. Ed. This Case is also Reported in: II ADC (2005) 338.......lso of a declaration that the proceeding taken in V.P. Case No. XII-1877 72-73 is illegal, void and not binding upon the plaintiffs and that the plaintiffs shall get khas possession in "kha" schedule property evicting defendant No. 4 (ka) there from. The aggrieved defendant respon­dent Nos. 1-4 the..

Category: Limitation Law | Date: | Hits: 166

Md. Badruzzaman Vs. Begum Shamima Naz Siddique and oth­ers, 1998, 27 CLC (AD)

.... set aside and the order of the learned Assistant Judge dated 13 August 1987 in Miscellaneous Case No. 2 of 1986 be restored. Ed. This Case is also Reported in: II ADC (2005) 331. ......m Shamima Naz Siddique (the respondent) wife of the aforesaid Nurul Islam came up with an application under Order 1 Rule 10 of the Code for being added as a party as a transferee in respect of the property in suit. On 13 August 1987 the learned Assistant Judge passed an order restoring the suit..

Category: Property Law | Date: | Hits: 31

Nurun Nabi Mullah and others Vs. Abdul Karim alias M.A. Karim and others, 2005, 34 CLC (AD)

....view of the discussions made herein-above we find merit in the appeal. Accordingly the appeal is allowed. There is no order as to costs. Ed. This Case is also Reported in:II ADC (2005) 326. ......in preliminary form in respondent of the land measuring .3471 acre. The suit was filed seeking declaration of title, recovery of possession and for allotment of sep­arate saham upon partition of the property described in schedule 'ka' attached to the plaint. 2. Plaintiffs filed the suit stating,..

Category: Property Law | Date: | Hits: 45

Govt. of Bangladesh and ors. Vs. Barekunnessa and ors., 1998, 27 CLC (AD)

....cast. The impugned judgment of the High Court Division is set aside and the judgment and decree of the lower appellate court are restored. Ed. This Case is also Reported in: II ADC (2005) 297....... decree of the trial court and dismissed the suit holding, inter alia, that the suit land on being acquired in the year 1941 having been vested in the Government it has a legal right to deal with the property including granting of temporary lease and as such the settlement granted to defendant no. 1..

Category: Tenancy Law | Date: | Hits: 124

Sonali Bank Vs. M/S Beg and Beg Jute Incorporated Ltd. & others, 1997, 26 CLC (AD)

....realisation with a direction that the Schedule property be sold on failure to pay the decretal amount and to make the preliminary decree final on failure to pay as aforesaid and also praying for a personal decree against the defendants for the said amount. The Commercial Court Decreed that suit ......Suit No, 31 of 1983 (later re-numbered as Title Suit No. 131 of 1984) originally in the 3rd Courts and Commercial Court No. 2, Dhaka which was a suit for recovery of money by sale of mort­gaged property for a preliminary decree for Tk. 14,00,000/- with interest at 20% till realisation with a..

Category: Property Law | Date: | Hits: 28

Mrs. Nirmala Bala Das Vs. Ganesh Chandra Dhupi, 1998, 27 CLC (AD)

.... impugned judgment and order of the High Court Division are set aside and the judgment and decree of the lower appellate court are restored. Ed. This Case is also Reported in: II ADC (2005) 274.......of settlement of the suit land with the plaintiff the learned Judge of the High Court Division erred in law in hold­ing that on the basis of the entry in the S.A. record as to the nature of the suit property as homestead on being situated within Gopalgonj municipality, the plaintiff's alleged settl..

Category: Tenancy Law | Date: | Hits: 163

Md. Awlad Hossain and another Vs. Joynab Bibi and anoth­er, 2004, 33 CLC (AD)

.... set aside but with the warning that the appellants in future should be respectful while addressing, communicating or dealing with the Court. Ed. This Case is also Reported in: II ADC (2005) 256....... charge of contempt of court as the proforma respondent No. 2, at the direction of the authority issued Memo dated 21.4.97 informed him that the appeal filed by the Government in respect of decreetal property was pending before the Court of District Judge and the appellant No. 1 was directed to take..

Category: Criminal Law | Date: | Hits: 51

Falguni Majumder Vs. Mokbul Hossain Biswas & ors., 1998, 27 CLC (AD)

.... as well as the judgment and order dated 12.5.92 are set aside and the judgment and order of the lower appellate court is restored. Ed. This Case is also Reported in: II ADC (2005) 203. ......trik Deb Thakur represented by the Shebayet Sree Bhobesh Chandra Das and sever­al others as defendants for declaration that the decree passed in O.C.Suit No. 228 of 1960 (in respect of the suit property) is illegal, void fraudulent and not binding upon them. On the death of the Shebayet his ..

Category: Property Law | Date: | Hits: 30

Mohammad Ali Akhand Vs. Bahatan Nessa Bewa and others, 1997, 26 CLC (AD)

....order of remand of the High Court Division is set aside and the judgment and decree of the lower appellate court are restored. Ed. This Case is also Reported in: II ADC (2005) 195. ......rele­vant S.A. Khatians and this wrong recording had cast a cloud over his title. 3. The defence set up by the contesting defendant Nos. 1-8, is that they are the owners of the disputed property which was correctly recorded in the S.A. Khatians. Their definite case is to the following..

Category: Procedural Law | Date: | Hits: 63

Askar Ali & anr Vs. Shamsul Islam alias Md. Shamsuddin and others, 1997, 26 CLC (AD)

....s disposed of the above terms without any order at to cost. Let this order be communicated to the courts concerned at once. Ed. This Case is also Reported in: II ADC (2005)180. ......nst a large number of defendants, 111 in number, including the respondents as Defendant Nos. 61 to 67, for a declaration that the appel­lant is the owner of "2.90 acres of land of schedule property" including plot No. 759 bear­ing an area of .35 arces in Mouza Madhyer Char and p..

Category: Property Law | Date: | Hits: 27