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Gouri Das and ors. Vs. ABM Hasan Kabir and others, 2003, 32 CLC (AD).

....s by special leave are directed against the judgement and order of the High Court Division in Civil Revision Nos. 2407 and 7793 of 1991 dated 15‑1‑1995 making the making the Rules absolute in the former and discharging the Rules the latter. 2. These appeals arose out of two ti......of 1981. 3. The Title Suit No. 171 of 1985 was filed by the respondent, ABM Hasan Kabir as plaintiff impleading predecessor‑ in‑ interest of the defendant appellants and others for a declaration of title and recovery of khas possession. 4. Haripada Das, predecessor of t..

Category: Tenancy Law | Date: 9 Apr, 2002 | Hits: 148

Aroti Rani Paul Vs. Sudarshan Kumar Paul and others, 2002, 31 CLC (AD)

....in Civil Revision No. 323 of 1994).   Judgment   Syed JR Mudassir Husain J.- This appeal has arisen out of leave granting order dated 7th June, 1998 passed in Civil Petition for Leave to Appeal No. 1200 of 1997 against the judgment and order dated 3rd March, 1997 passed by ......ed 27th August, 1989 passed by the learned Subordinate Judge Dinajpur in the Other Suit No. 206 of 1997 decreeing the same.   2. The appellant as plaintiff instituted the aforesaid suit for declaration of her title in the suit land and also for further declaration that the order passed by ..

Category: Family Law | Date: 1 Apr, 2002 | Hits: 181

Mahmood Alam (Md.) and another Vs. Moklesur Rahman Bhuiya, 2002, 31 CLC (HCD)

....……………Opposite Party Judgment March 27, 2002 Result: The Rule is discharged. Adverse Possession Possession commencing lawfully can transform into an adverse possession and create title by adverse possession. Cases Referred to- ......eing the suit. 2. Opposite party Nos. 1 to 3 and Mojibar Rahman, predecessor-in-interest of opposite party Nos. 4 to 13 as plaintiff instituted the suit for confirmation of their possession upon declaration of title by adverse possession in the suit land measuring about 0.092 acre of land compr..

Category: Property Law | Date: 27 Mar, 2002 | Hits: 4

Abul Hussain and others Vs. Afezuddin Mondal and others, 2003, 32 CLC (AD).

....                Mainur Reza Chowdhury J.- This appeal has arisen out of leave granted by this Division in Civil Petition for Leave to Appeal No. 353 of 1995 against judgment passed by a Single Bench of the High Court Divi...... 2. The heirs of defendant No. 1 and defendant Nos. 5‑9 are the appellants. Respondents 1‑73 instituted a suit, Title Suit No. 834 of 1973, against the appellants and others for declaration of title and confirmation of possession in respect of the suit land. The suit was eventu..

Category: Property Law | Date: 18 Mar, 2002 | Hits: 80

Shah Newaz Ebne Mostaque & ors. Vs. Shah Alam and others, 2003, 32 CLC (AD).

.... Md. Nawab Ali, Advocate‑on‑Record‑For the Petitioners   Not represented‑The Respondents.   Civil Petition for Leave to Appeal No. 993 of 1999.   (From the judgment of the High Court Divis......erty.   2. The facts are that the plaintiff ­respondents brought Title Suit No. 173 of 1961 in the Court of the then Munsif, Cox's Bazar against the petitioners for declaration of his title to the suit land and for khas possession after demolition of the structures..

Category: Procedural Law | Date: 4 Mar, 2002 | Hits: 99

Monzur Alam (Md) Vs. State and another, 2003, 32 CLC (AD).

.... Respondent No. 2 (In Criminal Petition No. 167 of 2001).    Not Represented-Respondent No. 1 (In all the cases)    Criminal Petition  for Leave to Appeal Nos. 165-167 of 2001.   (From judgements and orders dated 8-......nbsp; 3. On 24-6-1999 the accused petitioner filed Title Suit No. 129 of 1999 before the Court of Subordinate Judge, 4th Court, Dhaka challenging the validity of an agreement and praying for a declaration that the deed of agreement and the memorandum of understanding are void and not binding ..

Category: Business or Commercial Law | Date: 13 Feb, 2002 | Hits: 124

Bangladesh and others Vs. Eastern Beverage Industries Ltd. & another, 2004, 33 CLC (AD)

...................Respondents Judgment February 13, 2002. Result: The appeals are allowed. The Excise and Salt Act, 1944 (I of 1944) Section 3(4) There being lawful basis for the impugned notification providing levy and assessment of duty on the basis of filling valves i......oods but the High Court Division set aside the development surcharge as well which was not the subject matter of the Rule or of the impugned notification. 34. In that view of the matter omnibus declaration by impugned order as regards the development surcharge to have been levied without lawfu..

Category: Fiscal/Taxation Law | Date: 13 Feb, 2002 | Hits: 161

KZ Alam and others Vs. Secretary, Ministry of Housing and Public Works and others, 2002, 31 CLC (HCD)

....tle permanently at his own district town in Faridpur and agreed to give the petitioner No.1 the said plot and actually gave the order of allotment and asked the petitioner No.1 to deposit the premium for the land to the State Bank of Pakistan at Dhaka. The entire price for the land was paid by the p......ing therein with the members of his family ever since 1970. 3. Thereafter, the petitioner No.1 filed a suit in the 1st Court of Sub-Judge Dhaka, being Title Suit No. 180 of 1972 for a decree for declaration of Title for the suit property on compromise on terms of the solenama filed in Court by ..

Category: Property Law | Date: 12 Feb, 2002 | Hits: 28

Hazrat Khan @ Hazrat Ali Khan Vs. State, 2002, 31 CLC (HCD)

....etrokona in Sessions Case No. 224 of 1984, convicting accused-appellant Hazrat Khan @ Hazrat Ali Khan under section 302 of the Penal Code and sentencing him thereunder to suffer rigorous imprisonment for life and acquitting the 3 other accused persons of the charges levelled against them. 2. Th......ure of the injury found on the dead body suggested that the victim, in all probability, would lose his speaking power on sustaining the injury. In such view of the matter, the story of the oral dying declaration by the victim as given out by the eye-witnesses falls to the ground. PW 7 Dr. Abdul Hann..

Category: Criminal Law | Date: 6 Feb, 2002 | Hits: 29

Abdul Rashid Vs. Santi Bhusan Deb and others, 2003, 32 CLC (AD).

....Nawab Ali, Advocate‑on‑Record‑For Respondent No. 1.   Not represented‑Respondent Nos. 2‑5.   Civil Petition for Leave to Appeal No. 1722 of 2001.   (From the judgment add order dated ......erative and those which have. In the former case, the alteration is out of Court. It is not a judicial act. It is only part of a process of reaching a final conclusion; also there is no formal public declaration of the Judges' mind in open Court and consequently, there is no "judgment" whi..

Category: Property Law | Date: 26 Jan, 2002 | Hits: 100

Mahbubur Rahman and others Vs. Agrani Bank and another, 2003, 32 CLC (AD).

....nbsp;   Adjournment is entirely discretionary but the discretion must be exercised judicially. Adjournment cannot be allowed as a matter of course, even if both the parties asks for if or agree to it. No adjournment should be granted unless sufficient cause for the same is mad......er dated 22‑4‑2001 of the Subordinate Judge, Artha Rin Adalat No. 1, Dhaka in Miscellaneous Case No. 2 of 1999.   2. The petitioners filed Title Suit No. 34 of 1996 for declaration that the heba-bil-ewaj executed in favour of respondent No. 2 was cancelled by a registe..

Category: Procedural Law | Date: 19 Nov, 2001 | Hits: 101

Dudu Mia and others Vs. Ekram Miah Chowdhury and others, 2002, 31 CLC (AD)

....ve mere declaration of title in the suit property without seeking further declaration either that the impugned decree was not binding on him being collusive or void ab initio and as such his suit for mere declaration of title was not maintainable………………&h......dgment   August 5, 2001.   The Specific Relief Act, 1877 (I of 1877), Section 42   Plaintiff cannot have mere declaration of title in the suit property without seeking further declaration either that the impug..

Category: Civil Law | Date: 5 Aug, 2001 | Hits: 136

Sahera Khatun and others Vs. Abdul Gaffar @ Abdul Gaffar and others, 2003, 32 CLC (AD).

....   The Code of Civil Procedure, 1908 (V of 1908), Section 51(a) & Order XXI rule 11(2) (j) (i)   To facilitate execution of a decree for delivery of possession of an immovable property the plaintiff must specify the property. The ex......entire property during the pendency of the suit.   2. In the year 1976 Taizuddin Bhuiyan and his wife Faizunnessa, predecessors of the appellants, instituted a suit for declaration of title in respect of entire suit land measuring 2.28 acres of land in Plot Nos. 63, 64..

Category: Procedural Law | Date: 8 Jul, 2001 | Hits: 91

Privatisation Board Vs. AK Fazlul Huq & ors., 2003, 32 CLC (AD).

...., Senior Advocate, instructed by Mvi. Md Wahidullah, Advocate‑on‑Record ‑ For the Respondent No. 1.  Not represented ‑ Respondent No.2.  Civil Petition for Leave to Appeal No. 1205 of 2000. Judgment       &n......laches on the part of the respondent No. 1 in materialization of the contract, as such, High Division has committed no error in making the direction for the payment of Taka 4,00,02,499.75 upon making declaration that the contract contained in the letter of intent dated 11th February, 199 the respond..

Category: Business or Commercial Law | Date: 24 Jun, 2001 | Hits: 135

Mohashin Ali Pramanik Vs. State, 2001, 30 CLC (HCD)

....m by his order dated 2‑5‑2000. 2. Md. Golam Rabbani, Chairman of Shuvadanga Union Parishad, Rajshahi was murdered on 16‑1‑2000. Following murder law was set in motion on laying a First Information Report by Md. Golam Rahman, brother of deceased Md. Golam Rabbani as informant which led t......emove informant an other persons from world. The accused petitioner might be indulged in conspiracy to remove informant and wife of deceased and other witnesses but could not openly and publicly make declaration of finishing them from world. 19. Judged by test of balance of probability it canno..

Category: Criminal Law | Date: 3 Jun, 2001 | Hits: 46

Government of Bangladesh Vs. Mirpur Semipucca (Tin-shed) Kalayan Samity & others, 2001, 30 CLC (HCD)

....cial status the defendants can realise the actual cost of the construction only from the plaintiff’s i.e. Taka 24,535.77 (Taka twenty-four thousand five hundred thirty-five seventy-seven paisa) for each semi pucca tin shed house.” 3. The case of the plaintiffs, in short, is that pla......firming those dated 21-4-1997 of the Subordinate Judge, 2nd Court, Dhaka in Title Suit No. 350 of 1995, should not be set aside. 2. The opposite parties instituted the suit seeking the following declarations: (i) “For a decree declaring that the decision regarding fixation of valuati..

Category: Evidence Law | Date: 21 May, 2001 | Hits: 183

Hossain (Md) and others Vs. Dildar Begum and others, 2003, 32 CLC (AD).

....   The Code of Civil Procedure, 1908 (V of 1908), Order XXII rule 2     In a revisional application there is no limitation for substitution of the heirs of deceased parties but in a suit for partition heirs of the deceased......ng aside the abatement.   2. Respondent Nos. 1 to 27 as plaintiffs instituted Partition Suit No. 275 of 1983 before the learned Assistant Judge, Cox's Bazar praying for declaration of title and partition in respect of the suit land comprising an area of 2 acres implead..

Category: Procedural Law | Date: 19 Feb, 2001 | Hits: 106

Abdur Rouf Chowdhury Vs. Abdul Hashem (Hashu) and another, 2000, 29 CLC (HCD)

....gned judgment and order dated 13-5-98 passed by the Assistant Judge, 1st Court Dhaka in Title Suit No.134 of 1998 should not be set aside. 2. Brief facts are that, the petitioner instituted the aforesaid suit praying for a decree of permanent injunction restraining the defendant opposite partie......n the present case the plaintiff filed the present suit seeking permanent injunction claiming that he is in possession of the suit land in part performance of the contract and so this suit is not for declaration of title nor for recovery of possession whereas the defendants claimed that the suit lan..

Category: Property Law | Date: 17 Oct, 2000 | Hits: 136

State Vs. Babul Hossain, 2000, 29 CLC (HCD)

....he Act, and thereupon sentencing them to death by the judgment and order dated 23- 9-1997 passed in Nari-o-Shisu Nirjatan Daman Bishes Case No.16 of 1997, hereinafter in brief the case of the hereinbefore mentioned Adalat has made this reference (in the light of the provision of section 25 of the Ac......ken to Sadar Hospital and that therefrom she was sent to Moderanized Hospital; that Taslima died in the Moderanized Hospital at 19-45 hours of 29-12-1996; that prior to her death Taslima made a dying declaration and the same was written by a Magistrate. 4. On receipt of the first information repo..

Category: Women and Children | Date: 4 May, 2000 | Hits: 115

Rokeya Kabir Vs. Government of Bangladesh through the Ministry of Home Affairs and others, 1999, 18 CLC (HCD)

....ld not be given upon the respondents as to why Ayesha Akhter (previously named as Dipali Pal Chowdhury) now detained in the Dhaka Central Jail under the guise of safe custody should not be produced before this Hon’ble Court so that the court may satisfy itself that the said Ayesha Akhter (previous......’ble Court so that the court may satisfy itself that the said Ayesha Akhter (previously Dipali Pal Chowdhury) is not held in custody without any lawful authority and is of no legal effect and why a declaration should not be given that there is no law in Bangladesh whereby any person, whether a maj..

Category: Women and Children | Date: 26 May, 1999 | Hits: 98