Search Options
Judgment Advanced Search
Displaying 2841-2860 of 3988 results.
Monzur Rahman Khan Vs. Mst. Tahera Parvin and others, 2003, 32 CLC (AD)
....pened to be co-sharer by heba. 4. Mr. Md. Ozair Farook, the learned Advocate appearing on behalf of the appellant submits that the said deed of Heba was created for the purpose to defeat the claim of pre-emption and the Heba deed was never acted upon inasmuch as no possession was han......sion in Civil Revision No. 492 of 1986. 2. The appellant as petitioner filed an application under section 24 of the Non-Agricultural Tenancy Act, 1949 being Misc. Case No. 116 of 1982 before the Subordinate Judge, Sirajgonj for pre-emption of two decimals of land. The respondent No. ......ainable against her and the appeal must fail. Accordingly, the appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: II ADC (2005) 367. ..Category: Property Law | Date: | Hits: 33
Mossammat Khursheda Jahan Vs. Jahan Syada Shafinaz and others, 2002, 31 CLC (AD)
.... on 29.3.1983 for the first time and the pre-emptee appellant in the meantime got possession of the land and structure from Syed Amzad Hossain, the attorney holder. The pre-emptor respondents claimed that the pre-emptee appellant is a stranger purchaser whereas they are co-sharers by inheri......the kabala in favour of the pre-emptee appellant. Subsequently, when the attorney failed to execute and register a kabala in favour of the pre-emptee appellant she brought O. S. No. 9 of 1975 for specific performance of on tract and obtained an ex parte decree which was executed and a...... maintainable and the pre-emptor respondents are not entitled to file any pre-emption case as they themselves transferred the disputed land by disputed kabala. She is in possession, has spent huge money for repair of the structures and for earthwork of the case land. 6. Both the trial co..Category: Property Law | Date: | Hits: 35
Sufia Khatun Vs. Amin Hossin Mondal and others, 2005, 34 CLC (AD)
.... No. 1 that plaintiff No. 1 is his lisencee in a portion of the land, that defendants have no possession in the land in suit, that the dakhilas filed by the defendants in support of their claim of taking settlement have not been proved by the competent independent and disinterested......nsif (now Assistant Judge) Chuadanga, passed in Title Suit No. 541 of 1970 decreeing the same. The suit was filed seeking declaration of title and confirmation of possession in the land in suit and for further declaration that the decree obtained in Title Suit No. 616 of 1969 of the Court of Muns......ade hereinabove we find merit in the appeal. Accordingly the appeal is allowed. There is no order as to cost. Ed. This Case is also Reported in: II ADC (2005) 360. ..Category: Property Law | Date: | Hits: 37
Dr. Md. Rashidul Islam Vs. Morsheda Parveen, 2005, 34 CLC (AD)
....ported in 6 BLD (AD) 245 has observed that according to Hanafi School, father is entitled to the Hizanat or custody of the son over 7 years of age. This rule is recognition of the prima facie claim of the father to the custody of the son who has reached 7 years of age, but this rule which ......9 of 2000 making the Rule absolute. 2. Short facts are that the plaintiff filed Family Court Suit No. 100 of 1998 under section 25 of Guardian and Wards Act, 1890 against the defendant for custody of his two minor sons. The plaintiff married the defendant on 14.12.1988 and in the wed......two minor sons and has been living there. The plaintiff appellant is a registered Doctor and has been serving in the Government Mohammad Ali Hospital at bogra. After the divorce he has been sending money and clothes for his two minor sons but the defendant refused to accept those. The further con..Category: Family Law | Date: | Hits: 161
Md. Akkas Ali Biswas and others Vs. Ashit Kumar Mojumder and others, 2005, 34 CLC (AD)
....15. We have already found that the plaintiff respondents have admitted that there are two storied pucca buildings, and dilapidated building in the suit land and as such on this score also the claim of the plaintiff respondents prima facie appears to be not covered by Section 6 of the Act. ......iled under Order 7 Rule 11 of the Code of Civil Procedure. 2. The facts, in brief, are that the respondent Nos. 1 to 3 sold 1.15 acres of land by registered deed of sale dated April 27, 1983 for consideration of Tk. 30,000/- to the appellants and made over possession of the land and t......in affirming the aforesaid erroneous order. 7. Referring to Section 6 of the Act the learned Advocate submits that from the recitals of the deed in question it appears that being in need of money for marriage of the sister of the plaintiff respondent Nos. 1 to 3, the transaction was made..Category: Procedural Law | Date: | Hits: 75
Mobinnessa and ors. Vs. Khalilur Rahman & ors., 1985, 14 CLC (AD)
....s property has been described in 'ka' schedule of the plaint. Respondent, defendant No.1, Shamsuddin (died since then and has been duly substituted) had filed the previous suit T.S. No.21 of 1965, claiming partition of his 8-annas share in the suit land against defendant Nos. 2 and 4 of the...... Vs Khalilur Rahman & ors.........................Respondents Judgment November 4, 1985. Partition suit All co-sharers must be impleded as parties in a suit for partition. Failure to implead any co-sharer shall render the suit liable for dismissal on the g......ion confirming that of the lower Appellate Court is set aside and that of the trial court is restored. No order as to costs. Ed. This Case is also Reported in: 37 DLR (AD) (1985) 216. ..Category: Property Law | Date: | Hits: 40
Ketaki Ranjan Deb Vs. State, 1983, 12 CLC (AD)
....ied in accordance with the provision of President's Order No.50 of 1972. In the result the appeal is dismissed. Ed. This Case is also Reported in: 37 DLR (AD) (1985) 210. ......ries in the District of Sylhet under the direction of his principal abroad" on behalf of wage earners in U.K." On the said application the Additional Superintendent of Police started the aforesaid G.R. Case. An Inspector of Bureau of Anti-Corruption, Bangladesh Bank Branch, after invest......lishment, Bangladesh Bank Branch, Dhaka, stating, inter alia, that from secret source it was learnt that petitioner No.1 was "running currency racketeering business by receiving money illegally transferred from U.K. to Bangladesh through an unauthorised channel and distri..Category: Criminal Law | Date: | Hits: 51
Abdul Matin Chowdhury Vs. Chapala Rani Sen and others, 1984, 13 CLC (AD)
....dingly it is set aside and the decree of the First Appellate Court is restored. The appeal is allowed with costs. Ed. This Case is also Reported in: 37 DLR (AD) (1985) 205, 1985 BLD (AD) 172.......current decisions of the Court below. 2. The appellant, as plaintiff, instituted Title Suit No.602 of 1974 in the Court of Munsif, 1stCourt, Sadar, Sylhet against the defendant respondents praying for a decree for specific performance of contract for sale and also for permanent injunction restrai......d there has been a number of litigations after the contract with the plaintiff so as to meet the said expenses and also to meet their family expenses, the defendants received the entire consideration money from the plaintiff. 5. The defendants (Respondent Nos.1-3) as plaintiffs filed T.S No.506 o..Category: Property Law | Date: | Hits: 40
Reazuddin & ors. Vs. Jatindra Kishore Malaker and others, 1984, 13 CLC (AD)
....d beyond the jurisdiction vested in them under section 143A of the State Acquisition and Tenancy Act in deciding the question of title. There is no basis for such observation, while considering the claim of the contending parties, the learned Subordinate Judge incidentally entered into the ......ka Bench, in Civil Revision Case No.150 of 1980. 2. Rajab Ali and Ajitullah, predecessors of the present appellants filed Miscellaneous Case No. 36 of 1974, in the Court of Munsif, Sherpur, for correction of the record of right under section 143A of the State Acquisition and Tenancy Act. ...... High Court Division is set aside and that of the lower Appellate Court is restored. There will no order as to costs. Ed. This Case is also Reported in: 37 DLR (AD) (1985) 202. ..Category: Property Law | Date: | Hits: 28
Shafiullah and others Vs. Sultan Ahmed Mir, 1985, 14 CLC (AD)
....ot No. 870 of Khatian No.141 for the purpose of cultivation on receipt of labour charge of Tk.15/- per year under a kabuliyat dated 9 Sraban 1338 B.S. corresponding to 18 August 1931 AD. Plaintiffs claimed that the lands under both these Kabuliyats were also surrendered on the expiry o......engal Land Revenue Sales Act, 1859 (Act No. XI of 1859), section 37 Purchaser at a revenue sale of a revenue-paying estate-Right to annul encumbrance Sale of a revenue paying estate for recovery of the arrear of revenue is governed The Bengal Land Revenue Sales Act, 1859 (Act No. ......he transaction under Ext.7 that is, purchase of the occupancy-raiyati from Mohar Ali by Golam Rahman was not a benami transaction but the raiyati was purchased by Golam Rahman himself with his own money and for his own benefits and consequently, he held the land as a raiyat under the Explanation..Category: Property Law | Date: | Hits: 55
Md. Ebadullah Bepari Vs. Nikhil Chandra Das, 1985, 14 CLC (AD)
....rt rejecting the application under Order IX, rule 13 C.P.C. The appeal is therefore dismissed. We however make no order as to costs. Ed. This Case is also Reported in: 37 DLR (AD) (1985) 174. ...... Court of Subordinate Judge, Dinajpur, seeking ejectment of the appellant, a monthly tenant in respect of the premises in question, on the ground of default in the payment of rent. The suit was fixed for pre-emptory hearing, after two adjournments, on 27 May 1982, but as the defendant was found ab......urt's direction is filed along with the application for setting aside the ex parte decree and court passes necessary orders on the application directing the applicant either to deposit the decretal money or furnish security bond, and the applicant complied with the direction within the time given ..Category: Tenancy Law | Date: | Hits: 159
Mrs. Malekha Khatun and others Vs. Md. Abul Kashem & ors., 1985, 14 CLC (AD)
....ntiffs by serving a notice under section 87 of the Bengal Tenancy Act entered upon the land and took khas possession. But defendant Nos.1 and 2, wives of defendant No.6, on the basis of a spurious claim of settlement from Priyabala threatened to dispossess the plaintiffs who then filed the ......ds' right to enter upon the holding under section 87(1) does not depend upon Collector's discretion. But if the landlord enters upon the holding by serving a notice, the raiyat may file a suit for recovery of possession of the land at any time not later than expiration of two years from the ......l-founded both in law and fact leaving no scope for interference. The appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: 37 DLR (AD) (1985) 164. ..Category: Property Law | Date: | Hits: 32
Mahbubur Rahman Sikder and others Vs. Mujibur Rahman Sikder and others, 1983, 12 CLC (AD)
.... on conditions (4) and (5). For the sake of clarity and under standing all the five conditions will in due course be quoted in this judgment. Submissions of both the parties show their respective claims regarding the extent of adherence or non-adherence to these conditions. 3. Without elabora......ure, 1908 (Act No. V of 1908), Order XLVII, rule 1 and rule 26 of the Supreme Court Rules are applicable in case of a review by the Appellate Division of the Supreme Court. Rule 26 prescribes 30 days for filing a review petition. The power to review is derived from the Constitution, so this powe...... above variations in the judgment of this Court passed in the aforesaid appeals on July 13, 1982 the judgment will remain operative. Ed. This Case is also Reported in: 37 DLR (AD) (1985) 145. ..Category: Constitutional Law | Date: | Hits: 149
Amir Hossain Howlader & ors. Vs. State, 1984, 13 CLC (AD)
.... When the latter ran and again fired two shots and then absconded; he was arrested from a distant place and his absconsion was held to be corroboration of the direct evidence of four witnesses who claimed to have seen him firing upon the deceased victim. In the case of Md. Rafiq V. The Stat...... whether there is any circumstantial evidence to corroborate the retracted confession of a co-accused on the basis of which these four appellants have been convicted and sentenced to transportation for life under section 302/34 of the Penal Code, keeping in view the legal position that the state......ot guilty of the murder and are acquitted with a direction that they be set at liberty at once if not wanted in any other case. Ed. This Case is also Reported in: 37 DLR (AD) (1985) 139. ..Category: Criminal Law | Date: | Hits: 63
Planters (Bangladesh) Ltd. Vs. Mahaluxmi Bank Ltd. (in liquidation) and others, 1984, 13 CLC (AD)
....Mortgage Suit No. 26 of 1960 in the 1st court of Subordinate Judge, Chittagong against respondent No. 2, Hill Top Tea Company Limited (in liquidation) for foreclosure of mortgage on the total claim of Tk.6,40,000/-. Under the provisions of the Banking Companies Ordinance, 1962 th......o take advantage of his own fault. The Defendant no. 2 himself being Managing Director of the Defendant Company and at the same time Director of the Plaintiff Bank and the statement by him before Court of Law about liability of the company towards the Plaintiff Bank and admission of such ......e Plaintiff Bank and the statement by him before Court of Law about liability of the company towards the Plaintiff Bank and admission of such liability burdens the defendant to the agreed amount of money. In the manner aforesaid if defendant no. 2 committed fraud on the defendant Company, action..Category: Business or Commercial Law | Date: | Hits: 139
Ummu Kawsar Salabil Vs. Shams Corporation (Pvt.) Ltd. and ors., 1984, 13 CLC (AD)
....an additional condition the tenderer was required to have certificate of agency ship and of distributorship of oil- companies otherwise the tender was liable to be rejected. Plaintiff-appellant who claimed to be both dealer of petroleum products and also owner of a petrol pump but responden...................Respondents Judgment December 4, 1984. Words and Phrases Tender If a tender is accepted in violation of a stipulated condition set down in the tender form, Court’s protection may be sought for. Since the question for determination befo......e of work: Supply of fuel including carriage upto Taraboo-Daudkandi Meghna Ghat under Dhitikandi Road Sub-Division during 1984-85. 3. Estimated cost: Tk. 95, 22,490/- 4. Earnest money: Tk. 1, 90, 450/-In favour of E.E. (RHD) Dhaka. Constn, Road Division III in bank draft from..Category: Others | Date: | Hits: 84
Bangladesh Vs. KM Zaker Hossain and others, 2002, 31 CLC (AD)
....rformance of contract was pending and that he (respondent No.1 herein) filed Case No. 397 of 1989 before the Court of Settlement and that the respondent No.4 (attorney) also filed Case No.160 of 1987 claiming the disputed property as his own and the court of Settlement by the judgment and order of M......ng the respondent petitioner to release the said holding from the list of abandoned buildings within 60 days from the date of receipt of the copy of the judgment. 2. The Rule was obtained in the aforesaid writ petition impugning the judgment and order of December 24, 1992 of the First Court of S......is attorney Abdur Rahman entered into a contract to sell the said plot of land to the respondent No. 1 (writ petitioner) for a consideration of Tk.1,00,000/- and on receipt of TK. 40,000/- as earnest money executed a deed of agreement on December 29, 1970 and that on that very day delivered possessi..Category: Property Law | Date: | Hits: 40
Shafiqur Rahman Vs. Idris Ali, 1983, 12 CLC (AD)
....endant-respondent, was a valid transfer under the amended provisions of section 9(1) of the State Acquisition and Tenancy Act being prior to the auction sales under which the appellant claims to derive the title. 6. To decide this point it would be necessary to have a look at......ansfers of land agricultural or nonagricultural, not exceeding 10 Bighas and this amendment was given retrospective effect from the date section 9 of the State Acquisition and Tenancy Act came into force on 16.5.51. ………….(20) The Amendment under Ordinance ......e Suit No.73 of 1961 in the Court of Subordinate Judge, Sylhet for declaration of title and recovery of possession. Facts as stated in the plaint are that his father Haji Kalimullah used to advance money to Jogesh Chandra Das who was his retained lawyer. Before leaving for Calcutta for treatment..Category: Others | Date: | Hits: 86
Jarina Khatun & ors. Vs. Pulin Chandra Das and others, 1984, 13 CLC (AD)
....udulent, void and illegal, could be converted into a suit for cancellation of the partition deed. Such amendment could also require the payment of ad valorem court fee. Further the relief now claimed by the plaintiff respondents was not previously sought for by them. In this connection......ra Das and others........................Respondents Judgment July 29, 1984. The Code of Civil Procedure, 1908 (Act V of 1908) Order 6, rule 17 Since the relief prayed for in the amendment petition appears to follow from the declaration prayed for in the plaint,......, the appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: 37 DLR (AD) 67. ..Category: Property Law | Date: | Hits: 38
Md. Osman Gani Vs. Mst. Kulsum Bibi & ors., 1984, 13 CLC (AD)
..... 264 and 269 described in Schedule Ka and Kha respectively and that he had 8 annas share in C.S. Khatian No. 267 and 271, the properties in Schedule "Ga" and "Gha" thereby claiming 2.34 acres of land to their share. 3. Defendants contested the suit stating, inter......ppeal by special leave is directed 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 shar......although such respondents or parties may not have filed any appeal or objection." Illustration appended to the Rule highlights the point: "A claims a sum of money as due to him from X or Y, and in a suit against both obtains a decree against X, X app..Category: Property Law | Date: | Hits: 38
32283227322632253224322232203219321832173213321132093208320632043200319431933192