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Md. Firozul Islam and others Vs. Md. Helalul Islam and others, 2006, 35 CLC (AD)
....he submissions made on behalf of the petitioner, therefore, having no leg to stand the leave petition is without any substance. 7. The leave petition is accordingly dismissed. Ed. ......office and a deed purported to be deed of partition was executed and registered by the plaintiff on 26.05.1988 but the defendant on 24.07.1995 asked the plaintiff to give up possession of the suit property disclosing about the execution of the deed of heba bil-ewaz by the plaintiff in favour of ..Category: Property Law | Date: | Hits: 30
Azizullah @ Azizur Rahman Vs. Abu Taher Chowdhury and others, 2006, 35 CLC (AD)
....e Supreme Court of Bangladesh (Appellate Division) Rules 1988 and therefore is not maintainable. Consequently, the Review Petition merits no consideration and accordingly it is dismissed. Ed. ......y and illegally entered into the suit land in the month of Bhadra, 1978 B.S. and he was still in possession in the suit land as a trespasser, the defendant-petitioner has no valid title in the suit property. The plaintiff or his vendor did not recognize the petitioner as bharatia and as such the ..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. ......rt 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 cutting..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. ......78) dismissing the same. The suit was filed seeking declaration that the Heba-bil-ewaz deed bearing No. 394 of 1989 executed on 5-2-1989 and presented for registration on 7-2-1989 in respect of the property described in the schedule attached to the plaint is fraudulent; forged, fabricated, void,..Category: Property Law | Date: | Hits: 30
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. ...... that she is co-sharer by inheritance from her father Bazul Haque, one of the recorded co-sharers, and that the preemptee-petitioner is a stranger purchaser and that without serving any notice the property has been sold to the said preemptee and that no notice as required under section 89 of the..Category: Property Law | Date: | Hits: 38
AKM Shamsuddin alias Kalam Doctor and other Vs. State, 2006, 35 CLC (AD)
....ave perused the impugned judgment and order of the High Court Division and on the reasons stated above we do not find any error therein. The criminal petition is therefore dismissed. Ed. ...... submitted report before the learned Senior Assistant Judge, Sadar, Satkhira alleging, inter alia, that he along with others went to Katiya Mouza in order to give delivery of possession of the suit property in execution of Title Execution Case No. 6 of 1998, but the accused petitioner along with ..Category: Criminal Law | Date: | Hits: 46
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. ......ness in the name and style (1) Bangladesh Paper Converting Works and (2) Farough Industries 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 des..Category: Procedural Law | Date: | Hits: 93
Anwar Hossain Chowdhury Vs. Bangladesh, 1989, 18 CLC (AD)
....), Article 28 (Discrimination on grounds of religion), Article 29 (equality of opportunity in public employment), Article 31 (Right to protection of law), Article 32(Protection of right to life and personal liberty) and all the other Articles 32 and 43 enumerate the rights which are guaranteed. ...... amend must not be confounded with the power to create. The difference between creating and amending a record is analogous to that between the construction and repair of a piece of personal property". 218. The Constitution is the rule of recognition, to borrow Prof. Hart's words, w..Category: Constitutional Law | Date: | Hits: 1934
Mohammad Musa Vs. Kabir Ahmed & anothers, 1989, 18 CLC (AD)
....lly proved. It was accepted by all the three Courts below. We find no reason to interfere in the matter. The appeal is dismissed. Ed. This Case is also Reported in: 41 DLR (AD) (1989) 151 ......elevant facts taken together. To this provision of section 6 of the Partnership Act, 1932 there are two explanations: "Explanation 1. The sharing of profits or of gross returns arising from property by person holding a joint or common interest in that property does not of itself make s..Category: Criminal Law | Date: | Hits: 44
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......66 to reap the paddy grown by them (appellants), that Bazlur Rahman opened fire upon them (appellants) causing injuries to four of them, that they exercised their right of private defence of life and property and that on these allegations they filed a counter case against Bazlur Rahman's party men. ..Category: Criminal Law | Date: | Hits: 49
Bangladesh House Building Finance Corporation Vs. Abdul Mannan, 1989, 18 CLC (AD)
....here. There is no scope for advancing any argument on supposed notions. In the result, therefore, this appeal is allowed with cost. Ed. This Case is also Reported in: 41 DLR (AD) (1989) 143. ......f 1899), Section 2(17) It is now well settled that a mortgagee, in the absence of any contract to the contrary, is entitled to treat the interest due under a mortgage as a charge upon the mortgage property, and the mortgagor, at the time of redemption, is bound to pay the interest also, and not t..Category: Property Law | Date: | Hits: 41
Maria Keshi D'Rozario Vs. Hassan Movies Ltd., 1989, 18 CLC (AD)
.... do not think that these are not deposits in the eye of law. In the result, the appeal is allowed without, however, any order as to costs. Ed.This Case is also Reported in: 41 DLR (AD) (1989) 135......since she has been holding over all the terms and conditions contained in the previous Agreement arc binding upon her. s. 116 of-the T.P. Act reads thus: "116.If a lessee or under-lessee of property remains in possession thereof after the determination of the lease granted to the lesse..Category: Property Law | Date: | Hits: 45
Mozibur Rahman Vs. Chairman, Dhaka Improvement Trust, 1989, 18 CLC (AD)
....Mr. Hakim placed reliance AIR 1987 SC 454 (Ashok Kumar Yadav vs. State of Haryana) it has been pointed out that the likely hood of bias may arise on account of proprietary interest or on account of personal reasons such as hostility to one party or personal friendship or family relationship with......egally and without any lawful authority. Let there be a fresh selection for promotion to the post of Executive Engineer as soon as possible. Ed. This Case is also Reported in: 41 DLR (AD) (1989) 131..Category: Employment/Service Law | Date: | Hits: 89
Samiruddin Ahmed alias Samir Mia alias Md. Samiruddin Vs. State, 1987, 16 CLC (AD)
....lowed. The impugned orders of conviction and sentence 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. ........... Respondent Judgment November 8, 1987. Result: The appeal is allowed. The Specific Relief Act, 1877 (1 of 1877), section 54 An order of injunction in respect of the disputed property from a competent civil court is pending against Abdul Majid. The said order pre-supposes th..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 academic 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......75 and registered on 19.5.75 and since then she has been possessing the same. Defendant No. 2 wanted to grab the suit land and filed a petition falsely in the office of defendant No. 1 to treat the property as enemy property whereupon Vested Property Case No. 24 of 1978-79 was initiated by defen..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 decimals 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......The appellants in their application (8.11.79) for being added as parties in the High Court Division stated that plaintiff No. 1 after obtaining decree in the trial court transferred out of the suit property .60 decimals of land by two registered sale deeds in their favour in consideration of Tk. 6..Category: Property Law | Date: | Hits: 33
Abdul Jalil Vs. Bangladesh House Building Finance Corporation & another, 1989, 18 CLC (AD)
....im in connection with the auction sale as also the amount of Tk. 75,000/- to be deposited by the appellant. Parties will bear their own cost. Ed.This Case is also Reported in: 41 DLR (AD) (1989) 109......ation under Order 9, rule 13 C.P.C for setting aside the ex-parte order whereupon Misc. Case No. 143 of 1986 was registered. 3. In the meantime steps were, however, taken for putting the mortgaged property to sale and 14.9.87 was actually fixed for auction sale of the property. The appellant by f..Category: Property Law | Date: | Hits: 30
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 ......fic 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 plaintiff-appellant therefore is not entitled to a decree of declaration of title unde..Category: Property Law | Date: | Hits: 75
Soleman Miah & others Vs. Ishaque Ali being dead his heirs Jairun Nessa & ors, 1989, 18 CLC (AD)
....dance with law after expiration of the aforesaid period. The appeal is disposed of in the aforesaid terms without any order as to costs. Ed.This Case is also Reported in: 41 DLR (AD) (1989) 104...... 9.2,62. An appeal against the said decree was dismissed on 20.8.64. Respondent No. 1 then filed aforesaid Title Execution Case No. 68 of 1964. It is alleged that the respondent No. 1 sold the suit property and the right under the decree to Respondent No. 2 by a registered Kabala on 20.8.67. It ..Category: Civil Law | Date: | Hits: 106
Hazi Waziullah Vs. Additional Deputy Commissioner, 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. ......em by the Sub-Divisional Officer, Feni, treating the suit land as Vested and Non-Resident Property and asking them to surrender it. Their simple case was that the suit land was not an enemy or vested property and as such the Notice for surrendering it was illegal and void. 3. The suit land origin..Category: Procedural Law | Date: | Hits: 146
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