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Md. Abdul Ali Bhuiyan Vs. Jahura Khatun and Others, 2006, 35 CLC (AD)
....s any instance of misreading and non-reading. So the concurrent findings of fact arrived at by the courts below can not be disturbed. The leave petition is accordingly dismissed. Ed. ......eeing the suit for partition. 2. The respondent Nos. 1-8, as plaintiffs, instituted the above Partition Suit No.236 of 1972 praying for partition of ejmali property measuring 5.22 acres of land claiming seven annas share therein stating inter alia that the suit property originally belon..Category: Property Law | Date: | Hits: 33
Government of Bangladesh Vs. Md. Osimuddin, 2005, 34 CLC (AD)
....ng, inter alia, that land of C.S. plot Nos. 440, 465, 475, 215 and 208 of C.S. Khatian No. 6 of mouza Sarabo belonged to C.S. recorded tenants Sarada Prashad Roy Chowdhury and others and that he took settlement of 19.29 acres of land on 12th Poush, 1336 B.S. and that later on he took settlement of t...... Suit No. 860 of 1981 was void, collusive and fraudulent and that the plaintiff of the said suit i.e. defendant in the instant suit (Title Suit No. 22 of 1987) had no right, title and interest in the land of the said suit i.e. Title Suit No. 860 of 1981 and the plaintiff of the instant suit has righ..Category: Property Law | Date: | Hits: 38
Azizullah @ Azizur Rahman Vs. Abu Taher Chowdhury and others, 2006, 35 CLC (AD)
....e and occupation of the suit land. 3. The said suit was contested by the defendant-petitioner and his case was that the suit land belonged to Kulsum Banu and one Bhupal Chandra Bardan took settlement of the suit land by bharatia agreement dated 5-1-1946 and used to run a tea stall there...... to Appeal No. 1030 of 1997 dismissing the same. 2. The plain tiff-respondent herein filed Title Suit No.252 of 1974 for declaration of his title and recovery of khas possession of the suit land and also for mesne profits stating, inter alia, that he purchased the suit land as described i..Category: Procedural Law | Date: | Hits: 71
M Sahabuddin Vs. State, 2006, 35 CLC (AD)
....nations offered in the application for condonation of delay are far from satisfactory. For all the above reasons, we find no substance in this petition. Accordingly, it is dismissed. Ed. ......on report was lodged by one Mojibur Rahman Munshi on 8-12-2001 with the Bauphal Police Station, alleging, inter alia, that there was a long standing dispute and enmity with accused Nos. 1-9 over a landed property and on the date as mentioned above while Jabbar Munshi, a cousin of informant, was ..Category: Criminal Law | Date: | Hits: 34
Mustafizur Rahman Vs. Md. Amjad Hossain, 2006, 35 CLC (AD)
....the suit. 20. In the background of the discussions made hereinbefore we find merit in the appeal. Accordingly, the appeal is allowed without any order as to costs. Ed. ......gh, 1395 BS, defendant fraudulently obtained her thumb impressions on some papers and later on by using those papers brought into existence Heba-bil-ewaz deed in his favour in respect of the land measuring 1.67 acres. It is also the case of the plaintiff that she never intended to execute..Category: Property Law | Date: | Hits: 30
Tahedul Islam (Md) and others Vs. Md. Mojibar Rahman and others, 2006, 35 CLC (AD)
....his nephew at the monthly rent of Rs.1 1/2, that the kabuliyat dated 12-4-1939 executed by plaintiff and Rahim Boksha Bepari in respect of the land in suit is fictitious, that plaintiff never took settlement of the land in suit and, as such, the transaction between the plaintiff and Shafion Ness......ebruary 28,1988 of the Court of Senior Assistant Judge, Gaibandha in Other Class Suit No. 324 of 1986 decreeing the same. 2. The suit was filed seeking declaration of title in respect of the land described in schedule 'Ka' attached to the plaint and the structure therein. The subject matte..Category: Property Law | Date: | Hits: 36
Abdul Kashem Vs. Amirun Nahar and others, 2006, 35 CLC (AD)
.... view of the discussion made above, the petition is found to be without merit. The petition is, therefore, dismissed. Ed. This Case is also Reported In: 2007 (XV) BLT (AD) 86. ......aneous Case No. 193 of 1972 before the learned Munsif (now Assistant Judge) Lakshmipur under section 96 of the State Acquisition and Tenancy Act against the petitioner for preempting the case land sold in favour of the pre-emptee petitioner on 29-3-1972 staling, inter alia, that she is co-s..Category: Property Law | Date: | Hits: 38
Ali Akbar (Md) Vs. Shajirannessa Bewa and others, 2006, 35 CLC (AD)
....bdur Rashid to borrow money from the plaintiff to meet the expenses of his treatment. The appellate Court has observed about PW 2 that the said witness stated that he was not present at the time of settlement of price of the and Abdur Rashid proposed to sell and the plaintiff agreed to p......e Court of Senior Assistant Judge, Haluaghat, Mymensingh in Other Class Suit No. 53 of 1995 decreeing the same. The suit was filed seeking a decree for specific performance of contract for sale of land. 2. The suit was filed stating, inter alia, that Md Abdur Rashid, maternal grandfather ..Category: Property Law | Date: | Hits: 26
Election Commission Vs. Alhaj Advocate Md. Rahmat Ali, MP and others, 2006, 35 CLC (AD)
....on, as above, in the findings and observations/ directives given by the High Court Division in the impugned judgment and order. The parties will bear their respective costs. Ed. ......mocratic Constitution but successful working of it requires that those responsible to make the democracy successful should discharge functions in accordance with the Constitution and the law of the land. 109. In order to make a democracy successful election of the representatives in a free..Category: Election Law | Date: | Hits: 159
Aynul Sheikh and others Vs. State, 2006, 35 CLC (AD)
....Code and they are sentenced to suffer rigorous imprisonment for 10 (ten) years each and to pay a fine of Taka 5,000 each, in default, to suffer rigorous imprisonment for 1 (one) year each. Ed. ...... Single judgment. 4. The facts revealed in the leave petitions, in short, are that the convict Aynul Sheikh (not appellant before us) started digging a drain through the middle of the land of one Abdul Gafur Sheikh by damaging his onion crops on 28-1-1996 at about 3-30 PM and so Abd..Category: Criminal Law | Date: | Hits: 42
Paper Converting & Packaging Ltd. Vs. Govt. of the People’s Repub of BD and ors, 2006, 35 CLC (AD)
.... been accrued to the plaintiff-petitioner in respect of the same for any declaration or any permanent injunction as sought for in the instant suit. The petition is dismissed. Ed. ......ies and acquired valuable immovable properties at different places within the then East Pakistan including a property at Paribagh, Dhaka which is fully described in the schedule of the plaint. The land as described in the schedule of the plaint originally belonged to the proforma-defendant-respo..Category: Procedural Law | Date: | Hits: 93
Anwar Hossain Chowdhury Vs. Bangladesh, 1989, 18 CLC (AD)
....oth civil and military, did not like any such Constitution to be framed; political turÂmoil followed and while negotiation' was going on between Government and East Pakistani leaders for a political settlement, Yahya Khan and his military treacherously declared war on the unarmed people of East Pak...... 747, Kadnon vs. U.S; (1959) AC 259 D.J. Francis Douglas Liyanage Vs. The Queen; (1965) A.C.P. 190; 1965 (AC) 172 Bribery Commissioners vs. Pedrick Ranasinghe; (1919) 64 Law Ed. 946 State of Rhodes Island vs. Metchar Palmer; US 2 Law Ed 5-8 page 135 Marbury vs. Maddison; US 4 Law Ed. 579 McCulloch v..Category: Constitutional Law | Date: | Hits: 1934
Tayeb Ali and others Vs. State, 1989, 18 CLC (AD)
....and s.148 in the case of Tayeb Ali, are maintained. The appeal is dismissed in the case of Budhai alias Abdul Jabbar, Lokman Ali and Pir Ali. Ed.This Case is also Reported in: 41 DLR (AD) (1989) 147......illage Karanshi, P.S. Itna in the District of Kishoregonj. His elder son, Bazlur Rahman, the deceased, lost his life in that incident. 4. Bazlur Rahman had purchased, along with P.W.3 Abu Taher, a land measuring 120 decimals from one Ramlal Das by a registered kabala in the month of Poush, 1368 B..Category: Criminal Law | Date: | Hits: 49
Syed Nizamuddin Mohsin Vs. People's Republic of BanÂgladesh, 1989, 18 CLC (AD)
....ff’s right, if any, has extinguished with the promulgation of P.O. 135 of 1972 by which section 86 of the Act was substituted is not wrong. However it is upon the government to consider granting of settlement of such land with sympathy to such persons……………..…(5 & 7) Case Referred To-......f 1951), section 86(1) (2) (3) as amended by the State Acquisition and Tenancy (Fourth Amendment) Order, 1972 (President's Order No. 135 of 1972) dated 4.11.1972. The plaintiffs’ claimed that the land reformed in situ. In view of the clear finding that the plaintiff’s right was never recognise..Category: Property Law | Date: | Hits: 42
Samiruddin Ahmed alias Samir Mia alias Md. SamirudÂdin Vs. State, 1987, 16 CLC (AD)
....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. ......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..Category: Criminal Law | Date: | Hits: 59
ADC, Revenue and Assis. Custodian Vested Property, Chandpur Vs. Tafurnessa, 1989, 18 CLC (AD)
....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......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..Category: Property Law | Date: | Hits: 56
Sona Mia Bepari & others Vs. Jamila Khatun & others, 1989, 18 CLC (AD)
....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......¦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..Category: Property Law | Date: | Hits: 33
Nuruzzaman Sarkar Vs. Seraj Mia & others, 1989, 18 CLC (AD)
....ing that of the Appellate Court is perfectly correct. In the result, the appeal is dismissed without however any order as to costs. Ed. This Case is also Reported in: 41 DLR (AD) (1989) 106 .............................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..Category: Property Law | Date: | Hits: 75
Hazi Waziullah Vs. Additional Deputy ComÂmissioner, Revenue, Noakhali, 1989, 18 CLC (AD)
....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. ...... 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..Category: Procedural Law | Date: | Hits: 146
Moharram Ali & another Vs. Mohammad Madhu Mia & others, 1989, 18 CLC (AD)
.... Division is set aside and that of the trial Court and the appellate Court is restored. The respondent will bear the cost of the appeal. Ed. This Case is also Reported in: 41 DLR (AD) (1989) 92 ......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..Category: Others | Date: | Hits: 106
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