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Hazi Md Hossain @ Md Aowlad Hossain and others VS. Obaidul Haque & others, 2005, 34 CLC (AD)
....definite contention of the plaintiffs is that the land in a portion whereof the defendant No. 52 seeks leave of the Court to make construction would certainly exceed his share and this fact is not disputed by the defendant. In that state of the matter we are of the view that High Court Div....... 21. In the background of the discussions made hereinabove we find merit in the appeal. Accordingly, the appeal is allowed. There is no order as to cost. Ed. ..Category: Civil Law | Date: 6 Mar, 2005 | Hits: 308
....r was ever leased out to any one else. The
established principle of law that the plaintiff is to prove his own case and
can not get any relief on the weakness of the defence case is not in any way
disputed. The petitioner being Additional Deputy Commissioner, (Revenue) in
charge of vested and no......party in the earlier Title Suit No.346 of 1977 Ext.
Uma Uma (1) is Memo No.723 V.P. Dated 17.7.1981 in clearance case No.2 of 1981
within Tejgaon which shows that 9.47 acres of land appertaining to khatian No.438,
444, 798 and 455 were not enlisted property and were not leased out to
anybody. ..
Category: Property Law | Date: 23 Feb, 2005 | Hits: 5
Chairman, Sherpur Paurashava Vs. Md. Jahangir Hossain Chowdhury, 2005, 34 CLC (AD)
....-retainable khas land of the original landlord, we do not find any substance in the submission of the learned Counsel for the petitioner. The petitions are dismissed. Ed. ......-retainable khas land of the original landlord, we do not find any substance in the submission of the learned Counsel for the petitioner. The petitions are dismissed. Ed. ..Category: Property Law | Date: 1 Feb, 2005 | Hits: 118
SMAH Ltd SMAH Ltd Vs. Government of Bangladesh and others, 2005, 34 CLC (HCD)
.... Tejgaon, Dhaka. Since the land was released in favour of Mrs. Rozario, she made a series of applications to the different authorities the vested property authority for release and restoration of the disputed land. Accordingly, the land was released from the list of vested property and ultimately it......time of issuance of this Rule is hereby recalled and vacated. Ed. This Case is also Reported in: 57 DLR (2005) 267. ..Category: Property Law | Date: 16 Jan, 2005 | Hits: 7
Habibullah (Md) Vs. Sher Ali Khan and others, 2005, 34 CLC (AD)
....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: 57 DLR (AD) (2005) 55. ......o one Syeda Banu and she transferred the land in suit to Moniruddin and from him the plaintiffs on September 2, 1966 purchased the land in suit by 5 kabalas and they got their names recorded in the khatian, that on June 6, 1979 plaintiffs found that the defendant with some hired men 'stocked' so..Category: Civil Law | Date: 15 Jan, 2005 | Hits: 177
Arshed Ali Sikder (Md.) Vs. Gouranga Chandra Shil and others, 2005, 34 CLC (HCD)
....king the exhibits and to prepare the exhibits list does not destroy the validity of the Court proceeding. It appears that the plaintiff has discharged the primary onus to prove the genuineness of the disputed agreement. The Court may at any stage of the suit reject any document which it considers ir...... stands vacated. Send down the lower Court's record and a copy of the judgment and order to the Court concerned. Ed. This Case is also Reported in: 57 DLR (2005) 635. ..Category: Property Law | Date: 10 Jan, 2005 | Hits: 2
Abdur Rahman Sikder (Md.) Vs. Nur Mohammad Khan and others, 2005, 34 CLC (HCD)
.... as first party filed a petition on 30‑12004 under section 145 of the Code of Criminal Procedure against the opposite parties Nos. 1, 2 and 4‑33 for drawing up a proceeding in respect of the disputed land measuring of 13.72 acres and to restrain members of the 2nd party from disturbing thei......pplication for vacating the stay order is disposed of. Transmit a copy of the judgment and order to the Court below immediately. Ed. This Case is also Reported in: 57 DLR (2005) 239. ..Category: Criminal Law | Date: 10 Jan, 2005 | Hits: 4
Lal Miah (Hajee) Vs. Nurul Amin and others, 2005, 34 CLC (AD)
.... written statement similar to the written statement of defendant No. 1 and taking further plea that he was a bonafide purchaser for value without notice of the agreement for sale in respect of the disputed property. 5. The trial Court dismissed the suit on the finding that from the ......est money of Taka 15,000 paid to the defendant No. 1. The other part of the ordering portion of the judgment of the High Court Division is maintained. There is no order as to cost. Ed. ..Category: Procedural Law | Date: 5 Jan, 2005 | Hits: 147
Jaher Ali (Md.) and others Vs. Md. Ziarat Hossain, 2005, 34 CLC (HCD)
....o dismissed. The order of stay granted earlier by this Court is hereby vacated. Send down the lower Court records at once. Ed. This Case is also Reported in: 57 DLR (HCD) (2005) 315. ......o dismissed. The order of stay granted earlier by this Court is hereby vacated. Send down the lower Court records at once. Ed. This Case is also Reported in: 57 DLR (HCD) (2005) 315. ..Category: Property Law | Date: 4 Jan, 2005 | Hits: 3
Biseruddin Sarder (Md) and others Vs. Md. Tofazzal Hossain Biswas and others, 2005, 34 CLC (AD)
....ed Counsel for the appellant and Mr. Abdus Samad, the learned Counsel for the respondent Nos. 1‑3 and perused the judgment of the High Court Division and other connected papers. 7. It is undisputed that the suit land originally belonged to Saku Sarder and Hossain Sarder in equal shares an......Exhibit F as claimed by defendants, they would not have paid rents in the names of Saku Sarder and Hossain Sarder by these dakhilas Exhibits A(9)‑A(17). The appellate Court further held that the SA khatians Exhibits D (2) and D (3) show that names of defendant No. 1 and Gafuran Nessa were recorded..Category: Property Law | Date: 13 Dec, 2004 | Hits: 21
Jamir Ahmed Vs. Siddique Ahmed Sowdagor and others, 2004, 33 CLC (AD)
....ity in the judgment and order passed by the High Court Division. There being no merit in the leave petition, the same is dismissed. Ed. This Case is also Reported in: 14 BLT (AD) (2006) 15 ...... No.5, the Government of Bangladesh also appeared and filed written statement denying the material allegations made in the plaint and claiming the property to be Government khas land recorded in khas khatian No. 1 and that during pendency of the aforesaid suit the petitioner on 28.09.2002 filed an a..Category: Civil Law | Date: 12 Dec, 2004 | Hits: 156
Kishore Kumar Roy Vs. Md. Anwar Hossain & another, 2004, 33 CLC (AD)
.... Ahmed, the learned Counsel for the petitioner and Dr. M. Zahir, the learned Counsel for respondent and perused the judgment of the High Court Division and other connected papers. 5. It is not disputed that the respondent is tenant under the petitioners in respect of disputed premises. It is ......there is nothing to interfere with the judgment of the High Court Division. Accordingly, the leave petition is dismissed. Ed. This Case is also Reported in: 14 BLT (AD) (2006) 15. ..Category: Property Law | Date: 12 Dec, 2004 | Hits: 62
Hasina Begum and others Vs. Chairman, RAJUK and others, 2004, 33 CLC (HCD)
....n the year 1959‑60 and thereafter possession was taken over and banded over to Rajuk and subsequently, for the purpose of acquisition, gazette notification was published on 31‑8‑60 which is not disputed by the petitioner and the land thus vested in Rajuk. The petitioners have no right to occup......ring (1) Chha 30/C Uttar Badda Plot No.76(2) 30/1. Uttar Badda plot No.76(3)Ja‑1, Maddha Badda plot No.77(4)Cha‑29/2 Uttar Badda plot No.76 No.76, VI Chha 30/C, Uttar Badda. Plot No.76 comprising khatian No.1006 of Mouza No.291 PS Badda, Dhaka and also sought further direction to allot plots in ..Category: Property Law | Date: 4 Dec, 2004 | Hits: 2
Civil Engineering Co Vs. Mahkota Technology SDN BHD and others, 2004, 33 CLC (HCD)
....vision, which was upheld by the Appellate Division in 55 DLR (AD) 23, the learned Joint District Judge did not commit any error calling for interference by this Division. 14. Facts which are not disputed are that defendant No.1 executed a contract being No.30500/4 dated 13‑7‑2000 with defen...... the Ministry of Law and Parliamentary Affairs for necessary correction of the English text of the Arbitration Act, 2001. Ed. This Case is also Reported in: 57 DLR (2005) 734. ..Category: Arbitration Law | Date: 10 Nov, 2004 | Hits: 12
Dr. Alauddin Ahmed Vs. Md. Idris Ali Bhuiyan and others, 2004, 33 CLC (AD)
.... counting of the ballots there was no objection by the respondent No. 1 or his agents. He has also referred to the evidence of PWs 4 and 5, two witnesses taking part in the conduct of the election of disputed Burudia High School Polling Centre. Referring to the statements made in the election petiti......r that the impugned order calls for our interference. In the result, the appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: 57 DLR (AD) (2005) 14. ..Category: Election Law | Date: 30 Oct, 2004 | Hits: 142
Shamsul Haque (Md) Vs. Amina Khatun and others, 2004, 33 CLC (AD)
....adduce fresh evidence. 7. We have heard Mr. Probir Neogi, the learned Counsel for the appellant and pet-used the judgment of the High Court Division and other connected papers. 8. It is not disputed that the pre‑emptor is a co‑sharer by purchase in the case land and the pre-emptee is......s been miscarriage of circumstances and this requires interference by us. The appeal is accordingly, allowed without any order as to cost. Ed. This Case is also Reported in: 57 DLR (AD) (2005) 23...Category: Civil Law | Date: 31 Aug, 2004 | Hits: 156
Ashraful Alam Vs. Md. Moniruddin and ors, 2004, 33 CLC (HCD)
....gment and decree are hereby set aside. The suit is dismissed. Send down the records at once. Ed. This Case is also Reported in: 57 DLR (2005) 260. ......gment and decree are hereby set aside. The suit is dismissed. Send down the records at once. Ed. This Case is also Reported in: 57 DLR (2005) 260. ..Category: Property Law | Date: 17 Aug, 2004 | Hits: 2
Yusuf Chowdhury (Md.) Vs. Administrator of Waqf and others, 2004, 33 CLC (HCD)
.... appeal was transferred to the Fourth Court of Additional District Judge at Chittagong. By impugned order the learned Additional District Judge held that Waqif Tafazzal Ali Chowdhury did not make the disputed land waqf and said land was not accordingly enlisted in the office of the Waqf Administrato......nt of 6.49 acres of land including land of RS plot No.460 of RS Khatian No.449. After local investigation, the Inspector submitted a report dated 22‑9‑92. Said land was also recorded in SA and BS khatian as waqf. His application was based on the premise that he had no knowledge as to whether sai..Category: Trust/Waqf Law | Date: 11 Aug, 2004 | Hits: 1
....ion of goods, etc., irrevocable power of attorney and letters of guarantee were dated 18‑1‑82 for a principal sum of Taka 1,50,00,000 only, Exhibit 1 to 1(Uma) and Exhibit 2 to 2 (Kha). It is not disputed that such credit facility for said Taka 1, 50, 00,000 was never sanctioned by the bank. Mos......rculate the judgment to all banks for guidance.
Parties are directed to bear their own cost.
Send down the records at once.
Ed.
This Case is also Reported in: 57 DLR (2005) 643.
..
Category: Banking Law, Corporate Law | Date: 1 Aug, 2004 | Hits: 4
Nurul Haque (Md.) Vs. Anowara Begum and others, 2004, 33 CLC (HCD)
....t No.5 of 1985 is hereby upheld. Send down the lower Court's Record at once. Ed. This Case is also Reported in: 57 DLR (2005) 702. ......t No.5 of 1985 is hereby upheld. Send down the lower Court's Record at once. Ed. This Case is also Reported in: 57 DLR (2005) 702. ..Category: Property Law | Date: 27 Jul, 2004 | Hits: 2
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