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Samiruddin Ahmed alias Samir Mia alias Md. SamirudÂdin Vs. State, 1987, 16 CLC (AD)
....d the suit (T.S. 233/78) against Abdul Majid for permaÂnent injunction in 1978 and obtained ad-interim inÂjunction on 5.4.78 by which the said Abdul Majid was restrained from entering into the suit land. The suit itself has been decreed on 19.1.84 after the trial was over. The appellant's possessi......senÂtence as also that of restoration of possession arc set aside. Ed. This Case is also Reported in: 41 DLR (AD) (1989) 129, 1988 BLD (AD) 157. ......Âlowed. The impugned orders of conviction and senÂtence as also that of restoration of possession arc set aside. Ed. This Case is also Reported in: 41 DLR (AD) (1989) 129, 1988 BLD (AD) 157. ..Category: Criminal Law | Date: | Hits: 59
ADC, Revenue and Assis. Custodian Vested Property, Chandpur Vs. Tafurnessa, 1989, 18 CLC (AD)
....9 was illegal and void. 3. Facts are as follows:-Plaintiff filed a title suit being Title Suit No. 198 of 1979 in the Second Court of Munsif, Chandpur, for a declaration that the lease of the suit land by defendant Nos. 1 to 3 is illeÂgal, without jurisdiction, collusive and not binding upon the......ismissed without any order as to costs. Ed.This Case is also Reported in: 41 DLR (AD) (1989) 124......aying the appeal has become of mere acaÂdemic interest. In the result, therefore, this appeal is dismissed without any order as to costs. Ed.This Case is also Reported in: 41 DLR (AD) (1989) 124..Category: Property Law | Date: | Hits: 56
Sona Mia Bepari & others Vs. Jamila Khatun & others, 1989, 18 CLC (AD)
....¦â€¦........... Respondents Judgment September 1, 1987. Remand The appellant bringing the suit challenging the deed of gift revealing lateron that the appellant purchased a portion of the land from the donee and the appellant disowning such document and such contention of purchase and de....... There will be no order as to costs. Ed.This Case is also Reported in: 41 DLR (AD) (1989) 113......vidence in respect of the alleged sale of .02-1/2 deciÂmals of land to Sona Miah in Sraban, 1382 B.S. There will be no order as to costs. Ed.This Case is also Reported in: 41 DLR (AD) (1989) 113..Category: Property Law | Date: | Hits: 33
Nuruzzaman Sarkar Vs. Seraj Mia & others, 1989, 18 CLC (AD)
...........................Respondents Judgment August 10, 1988. The Specific Relief Act, 1877 (1 of 1877), Section 42 The plaintiff-appellant do not have exclusive title over the entire suit land. On the contrary greater part of the suit land is in fact enemy and vested property. The plaint......ut however any order as to costs. Ed. This Case is also Reported in: 41 DLR (AD) (1989) 106 ......l contends that the appellant was entiÂtled to a decree at least to the extent of 1/3rd share of the suit land and further that since the appellant has been in possession of the entire suit land, an ejmali property, the attempt to oust him without legal parÂtition is unwarranted. 6. It appears ..Category: Property Law | Date: | Hits: 75
Hazi Waziullah Vs. Additional Deputy ComÂmissioner, Revenue, Noakhali, 1989, 18 CLC (AD)
.... judgment and decree dated 31 March 1979 of the Subordinate Judge, Noakhali, in Title Suit No. 417 of 1978. 2. Plaintiffs-appellants filed the said suit for declaration of their title to the suit land as they found their title clouded by a Notice dated 18 April 1978 served upon them by the Sub-D......t is restored. Ed. This Case is also Reported in: 41 DLR (AD) (1989) 97, 1989 BLD (AD) 135. ......d with costs. The impugned judgment of the High Court Division is set aside and that of the trial Court is restored. Ed. This Case is also Reported in: 41 DLR (AD) (1989) 97, 1989 BLD (AD) 135. ..Category: Procedural Law | Date: | Hits: 146
Moharram Ali & another Vs. Mohammad Madhu Mia & others, 1989, 18 CLC (AD)
....ative; but the learned Single Judge of the High Court Division in revision answered in the negative. 2. This arises from O. C. Suit No. 175 of 1978 in the First Court of Munsif, Bajitpur. The suit land was held in jote right by Aidhar alias Haider Sheikh and on his death his only son, Hossain Ali......rt is restored. The respondent will bear the cost of the appeal. Ed. This Case is also Reported in: 41 DLR (AD) (1989) 92 ......ent: Shahabuddin Ahmed J. — Plaintiffs are the appellants and this appeal has been brought by special leave to consider a question of considerable public importance. It is whether a co-sharer in ejmali property, when he has been in exclusive possession of a specific and separate share thereof, ..Category: Others | Date: | Hits: 106
Abdul Matin & others Vs. Shuruj Mia, being dead his heirs: Taibunnessa & Others, 1989, 18 CLC (AD)
....ment may be acquired by virtue of local custom. But it is completely different from customary right because customary right is not an easement…………………..(10) The plaintiff purchased the land only two years before and thereafter brought the suit for easement right of pathway through the......There will be no order as to costs. Ed. This Case is also Reported in: 41 DLR (AD) (1989) 88 ......Court Division and the Appellate Court below. In the result, therefore, this appeal is dismissed. There will be no order as to costs. Ed. This Case is also Reported in: 41 DLR (AD) (1989) 88 ..Category: Property Law | Date: | Hits: 36
Gopal Chandra Shah Vs. The Deputy CommissionÂer, Sunamganj & another, 1989, 18 CLC (AD)
....e views of both need be accommodated. We have noted with appreciation that the Deputy Commissioner has indicated in his communication shown to us that "if the vendor comes up with propoÂsal for khas land that may be made available to him on the basis of lease as per government rules." 14. It sho......ere will be no order as to costs. Ed. This Case is also Reported in: 41 DLR (AD) (1989) 60. ...... by the Deputy Controller by his order dated 26.2.85. The appeal is accordingly disposed of. There will be no order as to costs. Ed. This Case is also Reported in: 41 DLR (AD) (1989) 60. ..Category: Others | Date: | Hits: 125
....leton Vs. Texas P & L Co, 248 U.S. 152; Gulf Colorado Rly. v. Ellis, 165 U.S. 150; Shujat Ali vs. Union of India, AIR 1974, and SC 1631; the State of Madras Vs. V. G. Row, AIR 1952, and SC 196; Doland Paul Lublin Vs. Leonard Panish, US-SCR—39 L. Ed-2nd, 415-709; Bob Bullock Vs. Van Philip Cart......
For the reasons, the appeal fails.
Ed.
This Case is also Reported in: 41 DLR (AD) (1989) 30
......the learned Attorney-General for making available all the books cited by the parties in this case.
For the reasons, the appeal fails.
Ed.
This Case is also Reported in: 41 DLR (AD) (1989) 30
..
Category: Election Law | Date: | Hits: 212
Haroon Moten Vs. Mahaluxmi Bank Ltd. & others, 1989, 18 CLC (AD)
....two Deeds of lease in favour of Defdt Nos. 1 and 2 transÂferring certain immovable property of the bank on 14.6.1954 for a total consideration of Rs. 21.000/-. This property measuring 18.77 acres of land, as shown in Schedule 2 of the plaint, had been purÂchased by the Bank in Mortgage Execution C......g void ab initio. In the result, the appeal is dismissed with costs. Ed.This Case is also Reported in: 41 DLR (AD) (1989) 8......s of the same transaction by fraud and collusion will fall together being void ab initio. In the result, the appeal is dismissed with costs. Ed.This Case is also Reported in: 41 DLR (AD) (1989) 8..Category: Banking Law | Date: | Hits: 103
Md. Naimuddin Sarder Vs. Md. Abdul Kalam, 1989, 18 CLC (AD)
....al below and restoring those of the trial Court. 2. Respondent No.1 as plaintiff filed Title Suit No. 208 of 1974 in the Second Court of Munsif, Kushtia on the averments, inter alia, that the suit land measuring .33 decimals recorded in Plot No. 1177 under C.S. Khatian No. 755 originally be longe......e first apÂpellate Court restored. Ed. This Case is also Reported in: 41 DLR (AD) (1989) 3. ...... with cost. The impugned judgment and decree of the High Court Division are set aside and those of the first apÂpellate Court restored. Ed. This Case is also Reported in: 41 DLR (AD) (1989) 3. ..Category: Property Law | Date: | Hits: 46
Lal Miah alias Lalu Vs. The State, 1989, 18 CLC (AD)
....the incident. 7. The only question that calls for determinaÂtion in this case is whether the conviction under secÂtion 302 of the Penal Code is justified. 8. The whole incident arose out of a land disÂpute. According to P.W.1 her brother Yasin had his original home at 200/300 yards away fro......This sentence and the sentence under Section 148 of the Penal Code are to run concurrently. Ed. This Case is also Reported in: 41 DLR (AD) (1989) 1 ......igorous imprisonment for 10 (ten) years only. This sentence and the sentence under Section 148 of the Penal Code are to run concurrently. Ed. This Case is also Reported in: 41 DLR (AD) (1989) 1 ..Category: Criminal Law | Date: | Hits: 53
Bangladesh Railway Vs. M/s. Chartering and Shipbroking CorporaÂtion, 1985, 14 CLC (AD)
............................Appellant Vs. M/s. Chartering and Shipbroking Corporation. .............Respondents Judgment June 10, 1984. Damage – short landing of imported goods- liability thereof There is nothing on record to prove that while ......e is also Reported in: 37 DLR (AD) (1985) 47. ......rrier, defendant No. 4, and Trustees of the Port of Chittagong defendant No. 4. There will be no order as to costs. Ed. This Case is also Reported in: 37 DLR (AD) (1985) 47. ..Category: Civil Law | Date: | Hits: 89
Jonab Ali Sarder & others Vs. Taser Ali Fakir & another, 1985, 14 CLC (AD)
....ment Badrul Haider Chowdhury J. — This appeal by special leave is directed against the judgÂment and order in Letters Patent No. 7 of 1967. 2. Plaintiffs' case, in short, was that the suit land i.e. 1/3rd of C.S. plot No. 839, 832, 842, 867 and 869 and half of C.S. No. 797 and whole of ot......ther.................................Respondents Judgment August 9, 1984. The Registration Act, 1908 (Act No. XVI of 1908), Section 17 (2); clauses (a) and (b) Compromise decree comprising property which are not subject-matter of the suit requires to be registered. In case of comp......ation. The argument built on sub-section (1) of section 17 does not stand. In the result this appeal is dismissed. No costs. Ed. This Case is also Reported in: 37 DLR (AD) (1985) 35. ..Category: Property Law | Date: | Hits: 49
Ram Chandra Das & others Vs. Md. Khalilur RahÂman & another, 1984, 13 CLC (AD)
....vision on 25 March 1982. 2. Plaintiff who is the respondent instituted Title Suit No.3 of 1976 in the 5th court of Subordinate Judge, Dhaka for specific perforÂmance of contract to sell the suit lands. Plaintiff's case was that the defendants entered into an agreement with him on November 2, 19......cific performance of contract is not to be granted as a matter of course………….(11) When time is made the essence of the contract under which parties thereto agree mutually to undertake certain obligations, it would, therefore, be necessary to find whose failure to carry out his obligations......f Tk. 15,000/- as solatium in addition to the balance consideration money. There will be no order as to costs. Ed. This Case is also Reported in: 37 DLR (AD) (1985) 21, 1985 BLD (AD) 41. ..Category: Civil Law | Date: | Hits: 109
Liu Ying Ping Vs. Leon Fang Ai, 1984, 13 CLC (AD)
.... No. 231 of 1976 in the Court of Subordinate Judge, Dhaka 3rd Court for dissolution of partnership firm styled "Cafe China" for accounts and for partition of the suit property consisting of a plot of land and building at 75 Dilkusha Commercial Area, Dhaka. It was stated in the plaint that she and th...... Ed. This Case is also Reported in: 36 DLR (AD) (1984) 273. ...... from this Court for a reasonable amount. In the circumstances a money decree for Tk. one lack fifty thousand is quite reasonaÂble. Ed. This Case is also Reported in: 36 DLR (AD) (1984) 273. ..Category: Business or Commercial Law | Date: | Hits: 114
Abdul Kader & ors. Vs. A. K. Noor MohamÂmad & ors., 1984, 13 CLC (AD)
.... Judgment January 10, 1984. Adverse possession The Trial Court as well as the High Court Division found that the plaintiff appellants were aware of the fact that the suit land has been acquisitioned long before by the Government for accommodation of government employees...... Reported in: 36 DLR (AD) (1984) 261. ......s. 3-5 and defendant No. 6 is entitled to any relief. The appeal is dismissed. There will be no order as to costs. Ed. This Case is also Reported in: 36 DLR (AD) (1984) 261. ..Category: Property Law | Date: | Hits: 36
Santosh Kumar Chakraborty & others Vs. M.A. Motaleb Hossain and others, 1984, 13 CLC (AD)
....r Order IX, rule 13 C.P.C. became infructuous as the ex parte decree was fully satisfied through execution, that the necessary sale-deed was executed and registered by the court and possession of the land was also delivered as there was no order from the superior Court staying the Execution proceedi...... This Case is also Reported in: 36 DLR (AD) (1984) 248, 1985 BLD (AD) 59.......herewith. The appeal from this judgment must fail. In the result, the appeal is dismissed without how ever any cost. Ed. This Case is also Reported in: 36 DLR (AD) (1984) 248, 1985 BLD (AD) 59...Category: Procedural Law | Date: | Hits: 93
Md. Joynal and ors. Vs. Md. Rustam Ali Mia & ors., 1984, 13 CLC (AD)
....p;………..(17) Even an apology may be sufficient consideration for a compromise in case of compoundable criminal cases. The parties exchanged their land at the intervention of the village elders and they have settled up all their differences.......s also Reported in: 36 DLR (AD) (1984) 240. ...... below are set aside and that of the trial Court dismissing the suit is restored. There will be no order as to costs. Ed. This Case is also Reported in: 36 DLR (AD) (1984) 240. ..Category: Property Law | Date: | Hits: 42
Geeta Rani alias Shamima Khatun Vs. Bangladesh, 1984, 13 CLC (AD)
....of the High Court Division in Civil Revision No. 1324 of 1979. 2. Plaintiff appellant brought a suit being O.C. Suit No. 50 of 1977 for declaration of right, title and interest in the suit land in the Court of Subordinate Judge, Rangpur. Her case was that the land in question was owned ...... is also Reported in: 36 DLR (AD) (1984) 225. ......as well as of the trial Court and the lower Appellate Court is set aside and the suit is decreed. No order as to costs. Ed. This Case is also Reported in: 36 DLR (AD) (1984) 225. ..Category: Property Law | Date: | Hits: 112
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