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Md. Sulder Ali and another Vs. Md. Rahim Baksh and another, 2007, 36 CLC (AD)
....Case is also Reported in: VI ADC (2009) 312. ......to Kasimuddin who died leaving behind the pre-emptor and the vendor as heirs; that the vendor namely, Most. Kachuron Bibi sold out the case land to the pre-emptee No. 1 and 2 on acceptance of proper consideration of money at the mediation of the pre-emptor. The pre-emptor also sold .48 acre..Category: Property Law | Date: | Hits: 33
Bangladesh Vs. Chairman, 1st Court of Settlement, Segunbagicha, Ramna, Dhaka, 2003, 32 CLC (AD)
.... represented by the Secretary Ministry of Works, Bangladesh Secretariat Building, Dhaka......... Appellant. Vs. The Chairman, 1st Court of Settlement, Segunbagicha, Ramna, Dhaka and others.........Respondents. Judgment July 8, 2003. Case Referred to- ...... 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
Md. Shaha Alam Vs. Musammat Farida Begum, 1997, 26 CLC (AD)
.... appeared with the leave of the Court) instructed by Sharifuddin Chaklader, Advocate-on-Record-For the Appellant. In person- the Respondent. Civil Appeal No. 50 of 1996. (From the Judgment and Order dated June 1,1995 passed by the High Court Division in Civil Revision No. 1471 of 1994). ......erefore to maintain the finding of the High Court Division. For the reasons aforesaid the impugned judgment of the High Court Division being in excess of its revisional powers and even not being a proper judgment of reversal is not sustainable in law. The appeal is allowed without any orders..Category: Family Law | Date: | Hits: 180
Danish Ali & others Vs. Mrs. Sakina Bai & ors., 1998, 27 CLC (AD)
...., Advocate instructed by Md. Nowab Ali, Advocate-on-Record - For the Respondent No. 1. Not represented-Respondent Nos. 2-8. Civil Appeal No. 5 of 1998. (From the Judgment and Order dated 27-7-1997 passed by the High Court Division in Civil Order No. 2929 of 1997). ......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)
....reme Court Appellate Division (Civil) Present: ATM Afzal CJ Mustafa Kamal J Latifur Rahman J Mohammad Abdur Rour J Bimalendu Bikash Roy Choudhury J Surendra Nath Sarkar and another.......Plaintiff-Appellant Vs. Md. Jalil Shaikh @ M.A. Jalil & ors...................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
Dhaka City Corporation Vs. M/s. Abdul Kader (Pvt.) Ltd. and others, 2003, 32 CLC (AD)
.... Mainur Reza Chowdhury CJ Mohmmad Fazlul Karim J Syed JR Mudassir Husain J Dhaka City Corporation ...........Appellant Vs. M/s. Abdul Kader (Pvt.) Ltd. and others....Respondents Judgment April 15, 2003. Result: The appeal is ...... awarding of the interest at the rate of 18% till realization. Section 34 of the Code of Civil Procedure provides that payment of interest is discretionary but should not be refused in the absence of proper reason and in exercising discretion it must be reasonable. The rate of interest should al..Category: Civil Law | Date: | Hits: 88
Sonali Bank Vs. M/S Beg and Beg Jute Incorporated Ltd. & others, 1997, 26 CLC (AD)
.... ATM Afzal CJ Mustafa Kamal J Latifur Rahman J Mohammad Abdur Rouf J Bimalendu Bikash Roy Choudhury J Sonali Bank.............Appellant Vs. M/S Beg and Beg Jute Incorporated Ltd. & others...................Respondents Judgment No......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)
.... (Civil) Present: ATM Afzal CJ Mustafa Kamal J Latifur Rahman J Mohammad Abdur Rouf J Bimalendu Bikash Roy Choudhury J Mrs. Nirmala Bala Das..........Appellant Vs. Ganesh Chandra Dhupi………….Respondent Judgment August 11, 1998. Lawyers Involved: Sharifudd......of the said Mission, they left for India for good making an oral gift of the suit land in favour of defendant Nos. 1 and 2. The plaintiff is a monthly tenant of defendant No. 2 in respect of the suit property but she having refused to pay rent defendant No. 2 thereat ended to dispossess her from t..Category: Tenancy Law | Date: | Hits: 163
Md. Awlad Hossain and another Vs. Joynab Bibi and another, 2004, 33 CLC (AD)
.... This Case is also Reported in: II ADC (2005) 256....... she, having obtained a decree in Title Suit No. 808 of 1985 from the Court of 2nd Sub-Ordinate Judge, (Now Joint District Judge) Dhaka, declaring her title and for recovery of khas possession of the properties as described in the schedule of the plaint, filed Execution Case No. 28 of 1986 in the ab..Category: Criminal Law | Date: | Hits: 51
Falguni Majumder Vs. Mokbul Hossain Biswas & ors., 1998, 27 CLC (AD)
....cate-on-Record - For Respondent No. 1 Dismissed for default vide Courts order dated 22.3.1998-Respondent Nos. 2 & 3(a)-(d). Civil Appeal No. 81 of 1992. (From the Judgment and Order dated 6-8-92 passed by the High Court Division in Civil Revision No. 405 of 1998 (Dhaka)......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)
....Court Appellate Division (Civil) Present: ATM Afzal CJ Latifur Rahman J Mohammad Abdur Rouf J Rimalendu Bikash Roy Choudhury J Mohammad Ali Akhand .......................Appellant Vs. Bahatan Nessa Bewa and others........Respo......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)
.... Bimalendu Bikash Roy Choudhury J Askar Ali & anr…………………..Plaintiff-Appellants Vs. Shamsul Islam alias Md. Shamsuddin and others ................Respondents Judgment August 3, 1997. Lawyers Involv......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
Hezera Khatun Vs. State, 2001, 30 CLC (AD)
....ury CJ Mainur Reza Chowdury J Mohammad Gholam Rabbani J Md. Ruhul Amin J Mohammad Fazlul Karim J Hezera Khatun ............Appellant Vs. The State and others…………...Respondents Judgment May 30, 2001. ......hbub Hossain as well as the respondent no. 2 Mr. Khan Saifur Rahman. Learned Advocate for the respondent no. 2 admitted that the impugned judgment and order of the High Court Division was not proper and legal as being passed without notice to Hezera Khatun. In view of the admission of the l..Category: Criminal Law | Date: | Hits: 42
Musammat Mohsena Khatun Vs. M/s. Habib Knitting Mills, 1996, 25 CLC (AD)
....tiff-Petitioner Vs. M/s. Habib Knitting Mills represented by its proprietor Sheikh Amjad Hossain..........Defendant-Respondent Judgment May 8, 1996. Case Referred to- Abdus Sattar and others vs. Suresh Chandra Das, 32 DLR (AD) 170. Lawyers Involved: Md. Nawab Ali, Advocate-....... 7. Mr. Khan Saifur Rahman, learned Advocate appearing for the defendant-respondent, on the other hand, in support of the judgment and order of the High Court Division submitted that service of proper notice under section 106 of the Transfer of Property Act terminating the tenancy confers ..Category: Tenancy Law | Date: | Hits: 154
Chalna Marine Products Vs. Bangladesh General Insurance Co. Ltd., 2000, 29 CLC (AD)
.... Vs. Bangladesh General Insurance Co. Ltd.................Respondents Judgment December 14, 2000. Cases Referred to- AIR 1914 Bombay 225; Borada Spinning and Weaving Co. Ltd. Vs. Satyanarayan Marine and Fire Insurance Co. Ltd. AIR 1924 (Cal) page 186; ......8. Leave was granted by this Division against the said judgment and order of the High Court Division to consider the submission by the appellant that the judgment of the High Court Division was not proper judgment of reversal inasmuch as the High Court Division reversed the findings of the trial..Category: Civil Law | Date: | Hits: 138
Sukkada Bala Gope Vs. Pran Hari Gope, 2004, 33 CLC (AD)
....rd - For the Appellant. Subrate Chowdhury, Advocate, instructed by Md. Aftab Hossain, Advocate-on-Record - For the Respondents. Civil Appeal No. 06 of 2001. (From the Judgment and Order dated 2nd December 1999 passed by the High Court Division in Civil Revision No. 182 of 1......f appeal below without adverting to the reasoning of the trial Court set aside the judgment and decree of the trial Court even without reversing the finding therein. 9. It appears that upon proper construction of the document and the appreciation of the evidence, the trial Court decreed t..Category: Property Law | Date: | Hits: 29
Abdul Motaleb Vs. Md. Ershad Ali and others, 1994, 23 CLC (AD)
.... Mustafa Kamal J Latiful Rahman J Abdul Motaleb……………….....Plaintiff-Appellant Vs. Md. Ershad Ali and others ......Defendant-Respondents Judgment June 5, 1994. ......udge, Dhaka which on transfer to the 3rd Court of Subordinate Judge was renumbered as above i.e., Title Suit No. 2 of 1987. It was initially a suit for simple declaration of title to the suit property measuring about .11 decimals in C.S. Plot No. 243, Khatian No. 22, present Dag No. 932, D...Category: Property Law | Date: | Hits: 56
Mosharraf Hossain Vs. Moulana Md. Tofazzal Hossain and others, 2004, 33 CLC (AD)
....Ruhul Amin J MM Ruhul Amin J Md. Tafazzul Islam J Mosharraf Hossain………………..Appellant. Vs. Moulana Md. Tofazzal Hossain and others.......................Respondents. Judgment November 9, 2004. Lawye...... the Court and after hearing the learned Subordinate Judge (now Joint District Judge) by order dated 2.4.2000 allowed the above application and instructed the plaintiff appellant to file case in a proper court and vacated the order of status quo; thereafter on the basis of the approval of the Mi..Category: Civil Law | Date: | Hits: 133
Most. Khairunnessa Vs. Atar Banu and others, 2003, 32 CLC (AD)
.... Division (Civil) Present: Md. Ruhul Amin J Abu Sayeed Ahammed J Most. Khairunnessa…………..... Appellant. Vs. Atar Banu and others ...........Respondents. Judgment July 13, 2003. Case Referred to- ......98 making the Rule absolute upon setting aside the judgment and decree of the court of appeal below and remanding the appeal to the lower appellate Court, to hear the same again and to write out a proper judgment upon proper consideration of the evidence and materials on record. 2. P..Category: Property Law | Date: | Hits: 31
Pubali Bank Limited Vs. Chairman, First Labour Court, Dhaka and another, 2004, 33 CLC (AD)
.... Md. Ruhul Amin J MM Ruhul Amin J Md. Tafazzal Islam J Pubali Bank Limited...........................Appellant Vs. The Chairman, First Labour Court, Dhaka and another..................Respondents Judgment July 20, 2004. Lawyers Invol......e charges leveled against Respondent No. 2 in his presence, that Respondent No.2 was not allowed to cross-examine the witness examined by the appellant and that Respondent No. 2 was not given proper opportunity to defend himself, that Inquiry officer did not find anything against the Respon..Category: Labour and Industrial Law | Date: | Hits: 79
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