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Moyenuddin Torafdar (Md) & others Vs. Tamijuddin Milky and others, 2001, 30 CLC (AD)
....Judge of the High Court Division in Civil Order No. 3504 of 1996 summarily rejecting the revisional application. 2. Plaintiff filed a suit for declaration of title of the suit land and also further declaration that sole decree dated 18-7-1934 passed in Title Suit No. 441 of......e Court Appellate Division (Civil) Present: Bimalendu Bikash Roy Choudhury J Mahmudul Amin Choudhury J Kazi Ebadul Hoque J Moyenuddin Torafdar ...... the submission. The leave petitioner is dismissed. Ed. This Case is also Reported in: 53 DLR (AD) (2001) 49 ..Category: Property Law | Date: | Hits: 49
Nurul Islam and others Vs. Jamila Khatun and others, 2001, 30 CLC (AD)
....halilur Rahman continued to possess the property as the care-taker of the said defendants. Defendant Nos.3-11 having no right, title and interest on 15-1-1976 trespassed into a portion of the suit land appertaining to CS Plot No.686 and bhiti land on the eastern portion of the pond in CS Plot No...... The Specific Relief Act, 1877 ( I of 1877), Section 22 In a suit for specific performance of contract for sale of immovable property the plaintiff is entitled to delivery of possession and any trespasser in the suit property is liable to b...... plaintiffs. The petition is dismissed. Ed. This Case is also Reported in: 53 DLR (AD) (2001) 45. ..Category: Property Law | Date: | Hits: 64
Government of Bangladesh Vs. Chairman, Court of Settlement and others, 2001, 30 CLC (AD)
....g No. 55, Motijheel Commercial Area, Dhaka from the ‘Ka’ list of abandoned buildings. Their case, in short, is that their mother, late Zarina Khatoon, obtained lease of the said plot of land from the Government on 20-5-1963 and thereafter she orally gifted the same to them with the p...... (Civil) Present: Latifur Rahman CJ Bimalendu Bikash Roy Choudhury J Mahmudul Amin Choudhury J Kazi Ebadul Hoque J Governmen......imitations. The petition is dismissed. Ed. This Case is also Reported in: 53 DLR (AD) (2001) 26. ..Category: Property Law | Date: | Hits: 61
....etting aside the concurrent judgments and decrees of the courts below.
2. The predecessor of the appellant as plaintiff instituted the Title Suit stating, inter alia, that she got the Schedule‑1 land from her husband Abdul Quddus Chowdhury in consideration of her dower money, by a registered ka......with law.
Ed.
This case is also reported in:47 DLR (AD) (1995) 162.
......y comment.
The appeal is allowed with cost and the case is sent back to the High Court Division for disposal in accordance with law.
Ed.
This case is also reported in:47 DLR (AD) (1995) 162.
..
Category: Property Law | Date: | Hits: 46
Superintending Engineer and others Vs. Kazi Asaduzzaman and others, 1995, 24 CLC (AD)
....oin his duties several times but he did not care. The defence of the respondent is that he did not receive those letters. The trial Court has found that the illness of the respondent was unfounded land that he was carrying on business during the period of his so‑called illness. The appella......ivision (Civil) Present: ATM Afzal J Mustafa Kamal J Latifur Rahman J Judgment: April 6th, 1995. Superintending Engineer and others....................Appellants &n......sons the impugned judgment and order of the High Court Division cannot be sustained. The appeal is allowed without costs. Ed. This case is also reported in: 47 DLR (AD) (1995) 152 ..Category: Property Law | Date: | Hits: 124
Special Reference No. 1 of 1995, 24 CLC (AD)
....pt secret. Boycott Osborne's Concise Law Dictionary (Seventh Edition): Boycotting‑ A concerted refusal to have any dealings with another person; So called after Captain Boycott in Ireland. The Shorter Oxford English Dictionary (Third Edition) Boycott‑ To combine in refusi......ed in: 47 DLR (AD) (1995) 111. ...... Mohammad Ismailuddin Sarker J. - I am in complete agreement with the learned Chief Justice and I have nothing more to add. Ed. This Reference is also Reported in: 47 DLR (AD) (1995) 111. ..Category: Constitutional Law | Date: | Hits: 248
Golam Rahman Vs. Hazera Khatun, 1995, 24 CLC (AD)
....itle Suit No. 912 of 1975 to the Assistant Judge, Chuadanga, for hearing of the suit afresh. 2. Plaintiff‑respondent instituted the aforesaid suit for declaration of title to the suit land and for other relief’s on the averments, inter alia, that the suit land originally belon........Respondent Judgment March 21, 1995. Lawyers Involved: Abul Quasem, Advocate‑on‑Record ‑ For the Appellant. Md. Fazlul Karim, Senior Advocate, instructed by Md. Aftab Hossain, Advocate‑on‑Record‑For the Respondent. Civ......r is set aside and the appeal is allowed without any order as to costs. The suit is dismissed. Ed. This Case is also Reported in: 1 MLR (AD) 1996, 211, 47 DLR (AD) (1995) 108 ..Category: Property Law | Date: | Hits: 47
Sadharan Bima Corporation Vs. Sanjib Kumar Das & another, 1995, 24 CLC (AD)
.... February 23rd, 1995 Cases Referred to- Roul Colinvaux in The Law of Insurance, 3rd Edition, 1970 at page 25; Black's Law Dictionary, 4th Edition, page 49; Halsbury's Laws of England, 3rd Edition, Vol. 1, at page 2; AN Ghose vs. Reliance Insurance Company, AIR 1934 (Rangoon) 1......ration....................Appellant Vs. Sanjib Kumar Das & another...................Respondent Judgment February 23rd, 1995 Cases Referred to- Roul Colinvaux in The Law of Insurance, 3rd Edition, 1970 at page 25; Black's Law Dictionary, 4th Edition, ......nterpretation given by the High Court Division, we dismiss the appeal for the reasons above without any order as to costs. Ed. This case is also reported in: 47 DLR (AD) (1995) 97 ..Category: Business or Commercial Law | Date: | Hits: 114
Abdul Hakim (Md) Vs. Genandra Nath Bashu Roy, 1995, 24 CLC (AD)
....hey also claimed that the execution case could nor proceed at the instance of an Indian national through an invalid power of attorney. Their further case is that they are in possession of the suit land and under the provisions of Order 21 rule 99 of the Code of Civil Procedure they could not be ......ported in: 47 DLR (AD) (1995) 95 ......ve no locus standi in the matter (Other Class Execution Case No.4 of 1993). The petition is accordingly dismissed. Ed. This case is also reported in: 47 DLR (AD) (1995) 95 ..Category: Civil Law | Date: | Hits: 109
C Q M H Md. Ayub Ali Vs. Bangladesh and others, 1995, 24 CLC (AD)
....iefly, is that the disputed house was originally allotted by the Government to one Md. Zahooruddin under memo dated 12.6.1962 followed by a proper deed of conveyance dated 16.1.1963 leasing out the land to him for a period of 99 years and transferring to him by hire purchase the house built there...... The 1st Court of Settlement and others............Respondents [In Civil Appeal No. 49 of 1994] Judgment February 22, 1995. Lawyers Involved: MI Farooqui Advocate, instructed by MG Bhuiyan, Advocate‑on‑Record‑ For the Appellant (In Civil Appeal ......ied upon and further that there has been a failure of fair trial in the Court of Settlement which arrived at its conclusion in violation of the principles of natural justice. ..Category: Property Law | Date: | Hits: 86
Hasan Ali and others Vs. State, 1995, 24 CLC (AD)
....ulted in the aforesaid conviction and sentence, is that they had damaged a public road maintained by the Union Parishad and leveled up and amalgamated a part of the road with their adjoining paddy land, rendering the road almost impassable, Causing damage to a public road is an offence of sabota......tained. The appeal in respect of the other appellants is dismissed. Ed. This case is also reported in: 47 DLR (AD) (1995) 69 ......ready undergone; as to the sentence of fine, it is maintained. The appeal in respect of the other appellants is dismissed. Ed. This case is also reported in: 47 DLR (AD) (1995) 69 ..Category: Criminal Law | Date: | Hits: 60
Bangladesh Vs. Dr. Dhiman Chowdhury and others, 1993, 22 CLC (AD)
....rior notice to the detenu for ensuring observance of the rule of natural justice that a person must be heard before his rights are adversely affected. Rather the Supreme Court of Pakistan in the next land‑mark case of Mir Abdul Baqi Baluch 20 DLR (SC) 249 observed that "it has to be pointed out th......igh Court Division set aside. There will be no order as to cost. Ed. This Case is also Reported in: 47 DLR (AD) (1995) 52 ...... Accordingly, the appeal is allowed and the impugned judgment of the High Court Division set aside. There will be no order as to cost. Ed. This Case is also Reported in: 47 DLR (AD) (1995) 52 ..Category: Constitutional Law | Date: | Hits: 185
Quazi Din Mohammad Vs. Al_haj Arzan Ali and another, 1995, 24 CLC (AD)
....eal No. 87 of 1986 confirming the Subordinate Judge's Judgment and decree in Title Suit No. 46 of 1979. Questions raised in this appeal are whether specific performance of contract for sale of the land in suit should have been refused in the facts and circumstances of the case on the grounds tha......out, however, any costs. Ed. This case is also reported in: 47 DLR (AD) (1995) 48. ......(b) and 28(a) of the Specific Relief Act. In the result, the appeal is dismissed without, however, any costs. Ed. This case is also reported in: 47 DLR (AD) (1995) 48. ..Category: Property Law | Date: | Hits: 69
Sova Rani Guha alias Sova Rani Gupta Vs. Abdul Awal Mia and others, 1995, 24 CLC (AD)
....ration that the compromise decree in Title Suit No. 145 of 1954 of the First Court of Munsif, Patuakhali was fraudulent and collusive and not binding on them. Their case, in brief, is that the suit lands, recorded in CS Khatian No. 406 of mouza Patuakhali, subsequently in SA Khatian Nos. 729 and...... Vs. Abdul Awal Mia and others.....................................................Respondents Judgment June 15th, 1994. Lawyers Involved: Khandker Mahbubuddin Ahmed, Senior Advocate (Mahabubey Alam, Advocate with him) instructed by Md. Sajjadul Huq, Advoc......er entitlement under section 4 of the Partition Act, .1893 was not at all satisfactory. The appeal is dismissed. No costs. Ed. This case is also reported in: 47 DLR (AD) (1995) 45 ..Category: Property Law | Date: | Hits: 51
Rabjel Mondal Vs. Didar Mondal and others, 1994, 23 CLC (AD)
.....3.75 passed by the learned Munsif, 1st Court, Kushtia in Title Suit No. 444 of 1969. 2. The appellant's mother Suhagi Bewa as plaintiff filed the suit for declaration of title to the entire land of plot No. 2395, for partition and for recovery of possession. Her case was that Fakir Mondal ....... Ed. This Case is also Reported in: 47 DLR (AD) (1995) 41; 15 BLD (AD) 5. ......p; With this modification in the decree the appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: 47 DLR (AD) (1995) 41; 15 BLD (AD) 5. ..Category: Property Law | Date: | Hits: 146
Grihayan Limited Vs. Government of Bangladesh, 1994, 23 CLC (AD)
....ords of my own. 2. Facts of the case have been elaborately discussed in both the proposed judgments and as such, I need not reproduce them here. The main question is, whether the inclusion of the land of the appellant's approved lay‑out plan in the land going to be acquired under the two LA pr......on the appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: 47 DLR (AD) (1995) 12. ......arned brother ATM Afzal J. Order of the Court By the majority decision the appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: 47 DLR (AD) (1995) 12. ..Category: Property Law | Date: | Hits: 79
Abdul Motaleb and others Vs. Shahed Ali and others, 1995, 24 CLC (AD)
....nsequently, Saham was allowed on 29.4.84 as the plaintiff and other defendants did not raise any objection for granting of such Saham, The trial Court granted Saham to the extent of 29 decimals of land out of "Kha" schedule property to defendant Nos. 1‑7 and 9. Thereafter, on 28...... 4. The petition is dismissed. Ed. This case is also reported in: 47 DLR (AD) (1995) 09 ...... for the petitioners, could not show any error of law in passing the impugned order. 4. The petition is dismissed. Ed. This case is also reported in: 47 DLR (AD) (1995) 09 ..Category: Property Law | Date: | Hits: 64
Babul Kanti Das and others Vs. Abul Hashem and others, 1995, 24 CLC (AD)
....ot state the plaint case. After filing the suit on 20.10.90 the plaintiff filed an application for temporary injunction to restrain the defendants from continuing the constructions on the disputed land and on the same date further issued notices to show cause within 7 days and further issued an ......s directed by the trial Court. Ed. This case is also reported in: 47 DLR (AD) (1995) 06 ......extent of pulling down the entire roof of the building within the time and upon conditions directed by the trial Court. Ed. This case is also reported in: 47 DLR (AD) (1995) 06 ..Category: Civil Law | Date: | Hits: 106
Khaledur Reza Chowdhury (Md) Vs. Saleha Begum and others, 1996, 25 CLC (AD)
....nst Habiba Banu (since deceased) and respondent Nos. 1-6 as defendants on the allegations inter alia that the defendants entered into a contract with the appellant on 21-4-76 for sale of 1.09 acre of land for a consideration of Taka 2,75,143.00 by executing a bainapatra on that date and receiving Ta...... Judgment August 14, 1996. Result: The appeal is allowed. The Code of Civil Procedure, 1908 (V of 1908), Order VI rule 17 Events and developments evolved and transpired after the filing of the suit may be incorporated by way of amendment of the plaint. The plaintiff as the arbiter......t and order are set aside and the order dated 6-2-93 passed by the learned Subordinate Judge in Title Suit No.415 of 1984 is restored. Ed. This Case is also Reported in: 48 DLR (AD) (1996) 209. ..Category: Property Law | Date: | Hits: 59
BD National Curriculum and Text-Book Board and other Vs. AM Shamsuddin & ors, 1996, 25 CLC (AD)
....le would not include the right to move and reside and settle in a private property someone else. It was further observed that the hand-bill issued by the petitioner offended the ordinary law of the land which could not be permitted by invocation of the right to freedom of speech and expression. ......ladesh National Curriculum and Text-Book Board…………. Appellant (In Civil Appeal Nos. 76 & 77 of 1993) Government of Bangladesh, represented by the Secretary, Ministry of Law & Justice, Parliamentary Affairs & another…………&h......sued by the petitioner offended the ordinary law of the land which could not be permitted by invocation of the right to freedom of speech and expression. The petition was accordingly dismissed. ..Category: Intellectual Property Law | Date: | Hits: 279
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