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Halima Bibi Vs. The Chairman & another, 1992, 21 CLC (HCD)
....y sense of the term as defined in section 21 of PO 16 of 1972. Mosaheb Ali lived and died in this country. During the war of liberation beginning from 25th March upto 16th of December, 1971 he was in possession of the said property as its lawful owner and continued to possess the same after liberati......o legal effect. The property in question stands excluded from the list of abandoned property. We, however, make no order as to cost. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 197.......d from the list of abandoned property. We, however, make no order as to cost. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 197.......t be declared to have been passed without any lawful authority and is of no legal effect. 2. Pending hearing of the Rule Respondent No.2 was restrained from selling or transferring the property in question in any manner. 3. Facts giving rise to this rule may briefly be stated thus: Petition..Category: Property Law | Date: | Hits: 64
Kudrat‑E‑Elahi Panir and others Vs. Bangladesh, 1991, 20 CLC (HCD)
....nterpretation of the Constitution, particularly, Articles 7(2), 8(2), 9 and 59 read with the first item of Article 152(1) thereof. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 179. ......nterpretation of the Constitution, particularly, Articles 7(2), 8(2), 9 and 59 read with the first item of Article 152(1) thereof. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 179. ......item of Article 152(1) thereof. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 179. ......eral & Syed Mokaddas Ali, Assistant Attorney‑General - For the Respondents. Writ Petition Nos. 2937, 2944, 2945 and 3002 of 1991. Judgment Md. Abdul Jalil J.- All these Rules call in question that vires of the Local Government (Upazila Parishad and Upazila Administration Reorganisa..Category: Constitutional Law | Date: | Hits: 461
Sadharan Bima Corporation Vs. M V Birba and others, 1991, 20 CLC (HCD)
....cessary correction in clause (1) of rule 3 of Order XLIX of the Code of Civil Procedure by inserting clause (b) instead of clause (d). Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 171....... others …………....Defendants Judgment December 12, 1991. Result: This application for return of the plaint is allowed. Cases Referred to- East and West Steamship Co. Vs. Queensland Insurance. Co., 16 DLR (SC) 61; Sadharan Bima Corporation Vs. Bangladesh Shipping Corporation, ......se is also Reported in: 44 DLR (HCD) (1992) 171.......No.1 MV Birba through its local agent filed an application for return of the plaint on the grounds that the plaintiff in this suit has challenged the validity of the declaration of General Average in question and has sought declaration to the effect that declaration of general average is illegal and..Category: Admiralty Law or Maritime Law | Date: | Hits: 315
Yunus Kha and others Vs. Abdul Momin and others, 2011, 40 CLC (AD)
....210, .05 acre in plot No.207, in total 0.30 acre and transferred the same to defendant No.1 and also transferred 0.12 acre from plot No.167 to defendant No.50, a son of defendant No.1 and delivered possession to them. In total the plaintiffs transferred 0.42 acre of land and have been possessing 6......the father of plaintiff No.1. Abdul Latif married Bagir Ma, the daughter of Joynab Bibi. Bagir Ma died leaving behind her husband Abdul Latif and father Tamijuddin. Abdul Latif got 6.14 4/17 acres of land by inheritance and also got .53 7/17 acre as successor of his wife Bagir Ma, in total, 6.84 3/5......ivil petition for leave to appeal is dismissed summarily. Ed. This Case is also Reported in: VIII ADC (2011) 613. ......ation of materials on record do not call for interference. Accordingly the civil petition for leave to appeal is dismissed summarily. Ed. This Case is also Reported in: VIII ADC (2011) 613. ..Category: Property Law | Date: | Hits: 73
Md. Bande Ali Miah Vs. Chief Engineer, Housing and Settlement, 2011, 40 CLC (AD)
....the acquisition of the same land was cancelled. Then on 27.04.1979 Zayor Bibi sold out 30 decimals of land in favour of the plaintiff by a registered deed and the plaintiff was also inducted into the possession of that land and since then the plaintiff had been residing in that land by paying holdin......laintiff, filed Title Suit No.61 of 1999 against the respondents for perpetual injunction. 3. The case of the plaintiff, in short, was that Zayor Bibi was the original owner of the "Ka" schedule land mentioned in the plaint. In 1959-60 vide L.A. Case No.13 the defendants acquired the said land ......tances this civil petition for leave to appeal be dismissed. Ed. This Case is also Reported in: VIII ADC (2011) 604.......leave to appeal, therefore, does not merit any consideration. In the circumstances this civil petition for leave to appeal be dismissed. Ed. This Case is also Reported in: VIII ADC (2011) 604...Category: Property Law | Date: | Hits: 65
Md. Moktad Hossen Majumdar Vs. Md. Golam Mostafa Majumdar, 2011, 40 CLC (AD)
..... This civil petition for leave to appeal has got no merit. In the circumstances this civil petition for leave to appeal is dismissed. Ed. This Case is also Reported in: VIII ADC (2011) 596. ......ondent as plaintiff filed Title Suit No. 84 of 2000 in the Court of the Senior Assistant Judge, Chouddagram, Comilla, against this petitioner for specific performance of contract for sale of the suit land described in schedule-1 to the plaint. The case of the plaintiff, in short, was that the suit l......es this civil petition for leave to appeal is dismissed. Ed. This Case is also Reported in: VIII ADC (2011) 596. ......rmance of contract against the defendant. 3. The defendant contested the suit by filing a written statement. In the written statement the defendant denied the execution of the kabala deed in question and stated, inter-alia, that he never contracted to sell the suit land and never took Tk.25..Category: Property Law | Date: | Hits: 74
Mosammat Moslema Khatoon Vs. Most. Rasheda Khatoon and others, 2011, 40 CLC (AD)
....minary decree was made final lawfully as no objection was filed against the Advocate Commissioner's report and that the final decree was executed by filing Partition Execution Case No.1 of 1988 and possession of land was delivered on 28.03.1988 and that Dhali Bibi has been possessing the suit land......allegations to the effect that summons and notices of that partition suit were not served upon them, that Dhali Bibi-the plaintiff of that partition suit had no subsisting interest in the divisible land, that the purchasers were not made parties in that partition suit and that the defendants who w......no merit in this leave petition and hence it is dismissed. Ed. This Case is also Reported in: VIII ADC (2011) 583. ......f both the Courts below and rightly dismissed the suit. Evidently, there is no merit in this leave petition and hence it is dismissed. Ed. This Case is also Reported in: VIII ADC (2011) 583. ..Category: Property Law | Date: | Hits: 80
Abul Hashem Master Vs. State, 1991, 20 CLC (HCD)
....tting murder of Fazar Ali. On hearing that the informant arrested the accused‑appellant Hashem Master and interrogated him. During this interrogation the accused‑appellant admitted that he was in possession of a pipegun and that he could bring out the same from where it had been kept hidden. So ......izure-list which this witness signed. This witness also proved the other signature upon the seizure‑list. It was suggested to him that Hashem Master and others in a salish compelled him to return a land to one Fazar and so he deposed falsely against Hashem. P.W.6 is the son of Fazar Ali for the mu......tted of the charge. Let him be set at liberty if not required in any other connection. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 159. ......reported in 8 BLD, 412 that since the weapon is recovered at the instance of the accused and brought out by him and made over to the police by him there is no scope for search and as such there is no question of application of the procedure of search provided in law. We would endorse this view of th..Category: Criminal Law | Date: | Hits: 85
Mafizur Rahman Vs. Joynal Abedin and others, 1992, 21 CLC (HCD)
....rty to be recovered before the Village Court is maintainable. 2. The predecessor‑in‑interest of the opposite parties, Sayera Khatun, filed Village Court Case No.48 of 1984 for recovery of khas possession in respect of 1.08 decimals land appertaining to khatian Nos. 324 and 324/1 of mouza Udma......Court is maintainable. 2. The predecessor‑in‑interest of the opposite parties, Sayera Khatun, filed Village Court Case No.48 of 1984 for recovery of khas possession in respect of 1.08 decimals land appertaining to khatian Nos. 324 and 324/1 of mouza Udmara and Village Court was constituted wi...... (1992) 158. ...... Mahmud Hossain, Advocate ‑ For the Opposite Parties. Civil Revision No.131 of 1988 (Comilla) Civil Revision No.6019 of 1991 (Dhaka) Judgment M Mahmudur Rahman J.-In this case a simple question was raised for decision as to whether a petition without stating the amount of the property..Category: Property Law | Date: | Hits: 74
Pubali Bank Ltd. Vs. Sultana Oil Mills and Soap Factory and others, 1998, 17 CLC (HCD)
....g defendant-respondent No.5 in his written statement contended, in short, that the goods and stock-in-trade hypothecated and pledged to the plaintiff-bank were in custody and under the care, control, possession and supervision of the plaintiff who was the absolute custodian of the goods as a bailee ......der as to costs. The judgment and decree passed by the trial Court is hereby affirmed. Send down the lower court records at once. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 323. ......y affirmed. Send down the lower court records at once. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 323. ...... grounds that the plaintiff could neither account for the loss of the pledged goods kept under its custody nor could it prove that the defendants were notified before the auction sale of the goods in question.” 27. We find that the aforesaid decision is applicable in the facts and circumstances..Category: Business or Commercial Law | Date: | Hits: 196
Khorshed (Md.) alias Khorshed Vs. State, 1999, 18 CLC (HCD)
....ppeal is dismissed. The judgment, order of conviction and sentence appealed against are confirmed. Send down the LC Records at once. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 317.......ppeal is dismissed. The judgment, order of conviction and sentence appealed against are confirmed. Send down the LC Records at once. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 317.......viction and sentence appealed against are confirmed. Send down the LC Records at once. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 317.......ord that the learned APP was not present while examining some of the P.Ws. and in his absence, the P.Ws. themselves made statement before the court without any guidance. 20. Be that as it may, the question is, whether we should believe the story given in the First Information Report or the statem..Category: Criminal Law | Date: | Hits: 54
....rd appreciation for the arguments advanced by Mr. Razzaque.
For the aforesaid discussion, the Rule is discharged but with no costs.
Ed.
This Case is also Reported in: 51 DLR (HCD) (1999) 313.......rd appreciation for the arguments advanced by Mr. Razzaque.
For the aforesaid discussion, the Rule is discharged but with no costs.
Ed.
This Case is also Reported in: 51 DLR (HCD) (1999) 313.......aque.
For the aforesaid discussion, the Rule is discharged but with no costs.
Ed.
This Case is also Reported in: 51 DLR (HCD) (1999) 313.......amended second proviso to section 4 of the Act in an unambiguous language has given power to extend, curtail or otherwise alter the limits of any area for which Nikah Registrar has been licensed. The question of curtailment of any area arises only where there exists a licence for an area. Second Pro..
Category: Civil Law | Date: | Hits: 83
Nurjahan Begum & others Vs. Jasimuddin Ahmed and others, 1998, 17 CLC (HCD)
.... But subsequently, he sold 50 decimals of land to the plaintiff No.2 by Kabalas dated 6-4-82 and 13-5-82 and they own and possess the same. It has been alleged that the defendants having no title and possession in the suit land illegally threatened to dispossess the plaintiffs from the suit land and...... party Nos.1 and 2 as plaintiffs instituted a suit for permanent injunction in the Court of the Senior Assistant Judge, Thakurgaon being other class Suit No.24 of 1985, alleging, inter alia, the suit land measuring 2.341/2 acres belonged; to one Surjakanta Barman, who died leaving sons Brikkha Nath ...... 51 DLR (HCD) (1999) 310.......vided that no party shall deliver more than one set of interrogatories to the same party without an order for that purpose: Provided also that interrogatories which do not relate to any matters in question in the suit shall be deemed irrelevant not that they might be admissible on the oral cross-..Category: Property Law | Date: | Hits: 108
Moqbul Hossain Bakul and others Vs. Mohammad Ali and others, 1998, 17 CLC (HCD)
....in Motlab Sub-Registrar’s office is forged, fraudulent, collusive, considerationless and not binding upon the plaintiffs. 3. The plaintiffs’ case is that one Naser Uddin Ahmed was the owner in possession of 8 annas share of the suit property while one Alek Jan Bibi was the owner in possession......s that one Naser Uddin Ahmed was the owner in possession of 8 annas share of the suit property while one Alek Jan Bibi was the owner in possession of 2 annas 13 ganda 1 kara and 1 Kranta share in the land of CS Khatian No.61 (at present SA Khatian No.55). The said Nasar Uddin Ahmed died leaving behi......own the lower court records at once. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 307. ......ned the plaintiff which led them to file a Criminal Case under section 107 of the Code of Criminal Procedure. In the said Criminal Case the defendants disclosed for the first time about the Kabala in question. The plaintiffs asserted that the creation of the said Kabala dated 15-10-1984 has cast a c..Category: Property Law | Date: | Hits: 65
....ough without any interruption. It has also been alleged that during the SA operation the suit property was wrongly recorded in the name of one Suresh Chandra Roy, who had no right, title interest and possession therein at any point of time and there is absolutely no basis for the fraudulent entry in......s made by the learned Advocates of the parties.
10. P.W.1 Prafullah Chandra Bhattacharjee stated in his evidence that he is the Shebait of the plaintiff Deity Sree Gobinda Jew Bigraha and the suit land belongs to the plaintiff Deity. He also stated that the usufructs of the suit properties are us......
Ed.
This Case is also Reported in: 51 DLR (HCD) (1999) 300.......t be treated as abandoned property or vested property (enemy property) by the defendants.
Send down the lower Court records at once.
Ed.
This Case is also Reported in: 51 DLR (HCD) (1999) 300...
Category: Property Law | Date: | Hits: 102
Hosna Jahan (Munna) Vs. Md. Shajahan (Shaju) and others, 1998, 17 CLC (HCD)
....ccordingly, this application is rejected. The Family Court is directed to dispose of the suit on merit without any further adjournment. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 295.......ccordingly, this application is rejected. The Family Court is directed to dispose of the suit on merit without any further adjournment. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 295.......eme Court High Court Division (Civil) Present: MA Aziz J Hosna Jahan (Munna)…………………Defendant-Petitioner. Vs. Md. Shajahan (Shaju) and others…………………Plaintiff-Opposite Parties. Judgment April 2, 1998. Result: The application is rejected. ......s of the present case are no doubt heart-rending and painful but I am not embarking upon any discussion as to the truth or falsity of the assertions of either of the parties. The only and the limited question that this court is called upon to decide is whether the family court has committed any erro..Category: Family Law | Date: | Hits: 166
Chan Mia (Md.) Vs. Rupnahar, 1998, 17 CLC (HCD)
....d that the impugned judgment and decree suffer from any illegality or error of law. The application is therefore summarily rejected. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 292. ......d that the impugned judgment and decree suffer from any illegality or error of law. The application is therefore summarily rejected. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 292. ....... The application is therefore summarily rejected. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 292. ......had no jurisdiction to entertain the suit. 5. He argues very strenuously that since the very marriage had been denied by the defendant-petitioner the Family Court had no jurisdiction to decide the question of dower, maintenance or restitution of conjugal rights; according to him, if a marriage is..Category: Family Law | Date: | Hits: 166
Santi Gopal Dey and others Vs. Maliza Rani Saha and others, 1998, 17 CLC (HCD)
.... 4 witnesses on 9-11-94 in the absence of the defendants and obtained an ex-parte decree on 14-11-94, following which the plaintiffs started Title Execution Case No.5 of 1995 and obtained delivery of possession through Court. 6. Thereafter the defendant opposite parties filed an application under......the case are that, the petitioners as plaintiffs instituted a suit in the Court of the Senior Assistant Judge Narshingdi being Title Suit No.108 of 1988, for declaration of easement right in the suit land. 3. The defendant opposite parties contested the suit by filing written statement denying th......ocates — For the Petitioners. Nikhilesh Dutta with AB Roy Choudhury, Advocates — For the Opposite-Parties. Civil Revision No.1115 of 1996. Judgment Gour Gopal Saha J.- This Rule calls in question the order dated 12-96 passed by the Senior Assistant Judge, Narshingdi in Miscellaneous ......tes — For the Petitioners. Nikhilesh Dutta with AB Roy Choudhury, Advocates — For the Opposite-Parties. Civil Revision No.1115 of 1996. Judgment Gour Gopal Saha J.- This Rule calls in question the order dated 12-96 passed by the Senior Assistant Judge, Narshingdi in Miscellaneous Cas..Category: Procedural Law | Date: | Hits: 58
Shamsuddin Ahmed and others Vs. Government of Bangladesh and others, 1993, 22 CLC (HCD)
....a further declaration that the order passed in Mutation Case No.96/81‑82 is illegal, collusive and not binding upon the plaintiff petitioners and also for a direction to the defendants to hand over possession of the suit land to the plaintiffs. The case of the plaintiffs, as it appears by a readin...... facts giving rise to this Rule are that the plaintiff petitioners instituted a suit being Title Suit No.53 of 1990 against the defendant opposite parties for a declaration of their title to the suit land described in the schedule to the plaint and for a further declaration that the order passed in ......e is also Reported in: 45 DLR (HCD) (1993) 675. ......earned Advocate for the plaintiff petitioners is that as per direction of the learned Subordinate Judge in her judgment, the plaintiffs have already taken possession of the suit land and the money in question and hence the appointment of a further receiver by the learned District Judge during the pe..Category: Property Law | Date: | Hits: 68
Bangladesh and another Vs. Banarashi Lal Sharaf and others, 1993, 22 CLC (HCD)
....dge, Kushtia in Title Suit No.18 of 1957 decreeing plaintiff's Suit for declaration that seizure of the disputed goods on 5.1.55 and confiscation of the same on 3.9.55 are illegal and for recovery of possession of the same. 2. Plaintiff firm M/s Ram Ratan Das Banarashi Lal filed the aforesaid s......iff's Title Suit No.18/57 is dismissed. In the facts and circumstances of the case parties shall bear their respective costs althrough. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 669.......r respective costs althrough. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 669.......y filing a joint written statement denying material allegations and stating, inter alia, that the suit was not maintainable; that civil Court had no jurisdiction to entertain or try the suit as the question whether the seized goods were smuggled goods and liable to confiscation was within the excl..Category: Fiscal/Taxation Law | Date: | Hits: 125
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