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Md. Akbor Hossain and others Vs. Md. Safiruddin and others, 2005, 34 CLC (AD)
.... are of the view that the High Court Division on correct appreciation of law and facts gave its decision which does not call for any interference. The petitions are dismissed. Ed. ......earned Munsif, Rangpur, who heard both suits analogously, decreed Other Suit No. 49 of 1989 and dismissed the Other Suit No. 308 of 1977 with findings that the suit land is not the joint or ejmali property of the plaintiff and the defendants and that the plaintiff Ulfa Mai has got 1161 annas rig..Category: Property Law | Date: | Hits: 27
Mst. Jahanara Khatun Vs. Md. Nurul Islam, 2006, 35 CLC (AD)
....ereinabove the contentions, so made, in our view, are of no merit. In view of the discussions made hereinbefore we find merit in the appeal. Accordingly the appeal is allowed with costs. Ed.......ereinabove the contentions, so made, in our view, are of no merit. In view of the discussions made hereinbefore we find merit in the appeal. Accordingly the appeal is allowed with costs. Ed...Category: Tenancy Law | Date: | Hits: 180
Abdul Jabbar Vs. Sultan Ahmed and others, 2006, 35 CLC (AD)
.... be allowed. 19. The appeal is, therefore, allowed. The impugned judgment and order of the High Court Division is set aside. The parties do bear their respective costs. Ed. ......ure moved the High Court Division in revisional jurisdiction and obtained the Rule as mentioned herein above. The High Court Division after final hearing discharged the Rule upon the view that the property involved in the two suits, issues in the two suits and the parties therein are not same. ..Category: Procedural Law | Date: | Hits: 105
Principal, Pabna Cadet College, Pabna, Bangladesh & anr Vs. A.B.M. Abdul Matin, 2006, 35 CLC (AD)
.... relief to the plaintiff as against the order of dismissal from service in a suit which was not maintainable. Accordingly the appeal is allowed without any order as to costs. Ed. ......e shall be a body corporated by the name of the Cadet College and shall have perpetual succession and a common seal, and shall, by the said name, sue and be sued, with power to acquire and hold property, both movable and immovable, and, subject to prescribed conditions, to transfer any ..Category: Employment/Service Law | Date: | Hits: 113
Serjuddowla Sowdagor Vs. Administrator of Waqf & others, 2004, 33 CLC (AD)
....cordingly, the appeal is allowed without any order as to cost. The writ petition is sent back to the High Court Division for disposal on merit and in accordance with law. Ed. ......tly renumbered Other Suit No. 252 of 1999 in the 3rd Court of Assistant Judge), seeking declaration as to legality of enrolment of the Waqf Estate and also challenging legality of inclusion of property in the 2nd schedule of the plaint as Waqf Property and that defendant Nos. 1 and 2 (respo..Category: Trust/Waqf Law | Date: | Hits: 190
Mahabubul Goni Vs. State, 2005, 34 CLC (AD)
....ion made above we do not find that the High Court Division committed any error in the decision in discharging the rule. Hence the leave petition having no merit is dismissed. Ed. ......shy;by there was anomaly/discrepancy of Tk.74,40,000/- (seventy four lace and forty thousand) and that the accused petitioner being the Managing Director of the company was entrusted with the property of the company who dishonestly misappropriated the company's money and/ or made false stat..Category: Criminal Law | Date: | Hits: 29
Md. Morzul Haque Vs. Government of Bangladesh & ors , 1995, 24 CLC (AD)
....nsidering the bona fide of the appellant's prayer for chemical examination made on 2-5-90 for the first time after causing an unusual delay in replying to the show cause notice and in making a personal appearance for a hearing. The collector of Customs however could have been a little more ......al remedy and no useful purpose will be served in re-opening a matter which has become stale and rusty. The appeal is therefore dismissed without any order as to costs. Ed. ..Category: Fiscal/Taxation Law | Date: | Hits: 112
Jamuna Knitting and Dyeing Ltd and ors Vs. Messers Yunusco K. Textile Ltd. & ors, 2006, 35 CLC (AD)
....sed the facts in the application for restoration of possession. We find no merit in the submissions of the learned counsel. Accordingly, both the petitions are dismissed. Ed. ......2004 passed by a Division Bench of the High Court Division in Civil Rule Nos. 638 (F) and 639 (F) of 2004 making the rule absolute and direction the petitioners to hand over possession of the suit property to the respondent within 15 days failing which the trial court is to restore immediate pos..Category: Property Law | Date: | Hits: 41
Abdul Noor (Md) @ Cunnu Mia & another Vs. Makhan Mia @ Md Laisuzzaman and others, 2008, 37 CLC (AD)
....ot at all tenable in the eye of law. All the appeals are, therefore, allowed without any order as to costs. Ed. This Case is also Reported in: 60 DLR (AD)(2008) 39. ...... daughter Aimona Bibi but gave her share as gift at the time of marriage. Aimona Bibi did not claim any share in the suit land during her lifetime nor, did her daughters claim any share in the said property. Haji Abdul Mazid died leaving behind three sons, Abdul Hakim, the plaintiff No. 1 and Bad..Category: Property Law | Date: | Hits: 48
National Tea Company Ltd. Vs. Deputy Commissioner, Habiganj and ors, 2008, 37 CLC (AD)
....eement dated March 19, 1988 was not legal and the said action was taken without lawful authority. Accordingly, the appeal is allowed without any order as to costs. Ed. ...... writ petitioner-appellant that he is the lessee of the Chundeecherra Tea Estate for 35 years and as per terms of the lease deed the respondent Nos. 1 and 2 have no authority to lease out the property of the appellant to some other persons, that on the basis of lease the appellant has ..Category: Property Law | Date: | Hits: 43
State Vs. Abdul Kader alias Kada and others, 2008, 37 CLC (AD)
....the evaluation of the evidence generally introduced by the difficulty of obtaining persons to testify against the accused other than those who are in ties of relationship with the complainant or have personal animus against the accused. The Courts whose duty it is to adopt careful principles for the......ts are directed to surrender to their respective bail bond to serve out the remaining part of their sentence awarded by the trial Court. Ed. This Case is also Reported in: 19 BLT (AD) 2011, 38. ..Category: Criminal Law | Date: | Hits: 44
Tariqul Islam Khan Vs. Mohammad Hanif & ors, 2008, 37 CLC (AD)
....igh Court Division considered the above provisions in the Waqf deed and the conduct of the present petitioner Mr. T.I. Khan and found that filing of the title suit claming the Waqf property as his personal properties and executing a mortgage deed including land of the Waqf property are all acts .......7189 of 2005. In that writ petition a Rule Nisi was issued on 02.10.2005 calling upon the respondents to show cause as to why a direction should not be made upon them to evict the trespasser from property Nos.16-19 of Ershad Ali Chowdhury Waqf Estate bearing E.G. No.6269 as evidenced by Annexur..Category: Trust/Waqf Law | Date: | Hits: 199
Md. Salahuddin Khan Vs. Most. Halima Akhter Khatoon and others, 2008, 37 CLC (AD)
....ct decision. The learned counsel could not point at any illegality or infirmity in the decision of the. High Court Division so as to call for interference. The petition is dismissed. Ed. ......ors, within a short period, will put the suit properties in auction. 4. As it appears the High Court Division allowed the appeal holding that receiver can not be appointed in respect of the property in a partition suit except by the consent of the parties or due to some special circumstan..Category: Property Law | Date: | Hits: 36
Md. Suruzzman Vs. Md. Ahamed Ali and others, 2008, 37 CLC (AD)
.... the possession. 7. In view of the above, we find no substance in the submissions of the learned Advocate for the petitioner. Accordingly, this application is dismissed. Ed. ......hman, learned Advocate, appearing for the petitioner submits that the High Court Division failed to appreciate the findings of the trial Court that plaintiff could not prove his possession in suit property since his alleged purchase by adducing witnesses and on the other hand plaintiff also fail..Category: Property Law | Date: | Hits: 51
Messrs N. F. M. Universal Estate Ltd. Vs. A. N. M. Obaidul Islam, 2008, 37 CLC (AD)
....caused any failure of justice. In view of our discussions as above we find no merit in this petition which is accordingly dismissed. Ed. This Case is also Reported in: 20 BLT (AD) (2012) 10. ......spondent Nos.1 to 8 instituted the Title Suit No.120 of 1992 in the Third Court of the then Subordinate Judge, Dhaka on 27.06.1992 for declaration of title and recovery of khas possession of the suit property after removing all structures from the suit property stating, inter alia, that Abdul Kader ..Category: Property Law | Date: | Hits: 75
Md. Ujir Biswas and another Vs. Md. Karim Box Sardar & others, 2008, 37 CLC (AD)
.... 8. The learned advocate for the petitioner could not point out legal infirmity in the judgment of the High' Court Division. 9. Accordingly, the leave petition is dismissed. Ed. ...... husband Molamdi, one daughter plaintiff No.2 and cousin Hanif Biswas. Later on Hanif Biswas died leaving only son plaintiff No.1 as heir. In this way plaintiffs acquired 12 annas share in the suit property and they subsequently sold some land to other persons. Their further case is that Bodillah..Category: Property Law | Date: | Hits: 39
Joynab Begum and others Vs. Shaheb Ali Akunji & others , 2007, 36 CLC (AD)
.... Court Division being not sustainable is liable to be set aside. Accordingly the appeal is allowed with cost. Ed. This Case is also Reported in: 60 DLR (AD) (2008) 14. ....................." 10. It will thus be noticed that under the above provision of law, a contract can be specifically performed against any other person claiming title to the property arising subsequently to the original contract but an exception has been made in the case o..Category: Property Law | Date: | Hits: 41
Rabeya Khatoon Vs. Bangladesh, 2008, 37 CLC (AD)
....mity in the decision of the High Court Division so as to call for any interference. The petition is dismissed. Ed. This Case is also Reported in: 60 DLR (AD) (2008) 9. ......to Rustam Ali and allotted the suit land to her; the plaintiff did not buy the suit land on complying with provisions of law; after the defendant Nos. 1/2 directed the plaintiff to vacate the suit property she agreed to vacate the land on 12-2-86 and Dr. Masudur Rahman, Chairman of the Comm..Category: Property Law | Date: | Hits: 37
Bangladesh and others Vs. Nawab Abdul Malik Jute Mills Ltd., 2007, 36 CLC (AD)
.... error of law in making the Rule absolute and the same requires interference by us. Accordingly, the appeal is allowed with Costs. Ed. This Case is also Reported in: 60 DLR (AD) (2008) 7. ......lik Jute Mills Ltd........Respondent Judgment March 14, 2007. Result: The Appeal is allowed. The Emergency Requisition of Property Act, 1948 (XIII of 1948), Section 5(7) Once the property is acquired and gazette notification is published under section 5(7) of the Emergency Requi..Category: Property Law | Date: | Hits: 46
Shubra Nandi Majumdar Vs. Begum Mahmuda Khatoon, 1989, 18 CLC (AD)
....different view. In the result, the appeal is allowed and the judgment and order of the High Court Division is set aside. No cost. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 133. ......of probate. The Respondent filed an application in the said case for adding her as a party in that case on the allegation that the testator had entered into an agreement with her to sell schedule-1 property and made over possession to her. She further stated that she had already filed Other Suit..Category: Property Law | Date: | Hits: 80
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