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Bina Rani and another Vs. Shantosh Chandra Dey, 1999, 28 CLC (AD)
...., the impugned judgment and decree of the High Court Division are set aside and those of the trial Court are restored. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 81. ......tiff are his benamda in respect of schedule 1 and 2 properties. 2. The plaintiff instituted the suit stating, inter alia, that he had purchased and taken settlement of a part of schedule 1 land in the benami of his elder son defendant No.1 with his own money for his own benefit and inter..Category: Property Law | Date: | Hits: 75
Abdul Khaleque Mollah Vs. ABM Zakaria and another, 1999, 29 CLC (AD)
....courts below found that secondary evidence was given of those original documents. The petition is dismissed. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 78. ......on for Leave to Appeal before us. 2. The plaintiffs filed the aforesaid suit for declaration of title and recovery of khas possession. The plaint case is that the original owner of the suit land Haran Mondal transferred the land in suit by a sale deed dated 16-4-1929 to Jogendra Chandra ..Category: Property Law | Date: | Hits: 72
Mokbul Hossain Vs. Khandaker Mujibur Rahman, 1999, 28 CLC (AD)
....s not being an issue in the suit it cannot be considered here for the first time. The petition is dismissed. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 77. ......impugned judgment. 2. Material facts of the case are that the plaintiff claims title to the suit property through one Jatindra Mohan Basak with whom he had an agreement for sale of the suit land dated 16-3-1950. He has been in possession of the suit land since then. The suit land was pur..Category: Property Law | Date: | Hits: 69
Kochi Mia @ Khocha Mia Vs. Suruj Mia being dead his heirs Md Fazlur Rahman & ors., 1999, 28 CLC (AD)
....ment and order of the High Court Division be set aside and the judgment and decree of the appellate Court be restored. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 57. ......sp; Bimalendu Bikash Roy Choudhury J.- The plaintiff is the appellant. His suit, Title Suit No. 84 of 1980, for declaration of title to the suit land was dismissed by the learned Subordinate Judge, Second Additional Court, Sylhet. On appeal, Ti..Category: Property Law | Date: | Hits: 65
Chand Biswas and others Vs. Abdul Khaleque Sheikh and others, 1999, 28 CLC (AD)
....; Ed. This Case is also Reported in: 51 DLR (AD) (1999) 55. ...... of the High Court Division by judgment and order dated 29-5-97 set aside the appellate judgment, decree, and restored those of the trial Court. 2. The plaintiff claimed pattan of the suit land from the Estate of the Zamindars in 1331 BS. The plaintiffs’ father possessed the suit l..Category: Property Law | Date: | Hits: 45
Bangladesh Vs. Abul Hossain and others, 1999, 28 CLC (AD)
....r fresh service of notices under sections 5(1a) and 5(3) and for determining compensation afresh. In course of his discussion, he observed that Shah Sufi Emaduddin Ahmed Chisty had transferred some parcels of the disputed land on different dates since 1977 in favour of the petitioners before him.......Bhu Ma. D.A/35/81/123 Acqn. dated 28 February 1988 (Annexure-D) was declared to have been made without any lawful authority. 2. The genesis of the impugned order is briefly as follows: The lands involved in all the writ petitions belonged to one Shah Sufi Emaduddin Ahmed Chisty. The Depu..Category: Property Law | Date: | Hits: 50
Government of Bangladesh Vs. Syed Chand Sultana and others, 1999, 28 CLC (AD)
.... is also barred by 12 days and the explanation given for the delay is not satisfactory. The petition is dismissed. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 24. ......e Syed Mozaffar Hossain who originally hailed from Jessore and was a practicing Advocate of the Supreme Court of Bangladesh till his death on the 5th June, 1989. He took a lease of 99 years of the land of plot No. 4, SF (C), Road No. 138, Gulshan from the then Dhaka Improvement Trust, now Rajdha..Category: Property Law | Date: | Hits: 56
Bangladesh Vs. Anwar Ahmed and others, 1999, 28 CLC (AD)
....ugned judgment and order of the High Court Division are set aside. Writ Petition No. 204 of 1989 is dismissed. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 42. ...... described himself as the writ petitioner. It is alleged in the writ petition that late Afaq Ahmed Khan, a migrant from India and a Government servant of the then East Pakistan, got the aforesaid land by a registered deed of lease dated 1-11-51 from the Government. He constructed a house therei..Category: Property Law | Date: | Hits: 48
Saitan Bibi and others Vs. Chairman Bewa and others, 1999, 28 CLC (AD)
.... Court, thereby dismissing the suit. In the result, the appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 28. ......espondents Judgment October 29, 1997. The Code of Civil Procedure, 1908 (V of 1908) Order VII, rule 1(c) The plaintiff having asserted that defendant No. 1 came to the suit land to resist the plaintiff and his labourers to plough the land and there being positive threat ..Category: Property Law | Date: | Hits: 52
Abdul Haque (Md) Deputy Commissioner Vs. District Judgeship, 1999, 28 CLC (AD)
.... censured for his objectionable remarks against the judicial officers of Kurigram and warned to be careful is future. Ed. This Case is also Reported in: 51 DLR (AD)(1999) 15. ...... had the highest regard for the Courts and held them in high esteem, sincerely believing that the courts are functioning as judicial organs of the State under the constitution and the laws of the land. 4. The appellant was suffering under a wrong notion about his responsibilities an..Category: Criminal Law | Date: | Hits: 70
Abul Bashar and another Vs. Hasanuddin Ahmed and ors., 1999, 28 CLC (AD)
.... proceedings. The impugned judgment does not warrant any interference. All the 3 leave petitions are dismissed. Ed. This Case is also Reported in: 51 DLR (AD)(1999) 14. ......ision No. 258 of 1997 absolute and quashing thereby the proceedings drawn up under section 145 Cr.P.C. by the Chief Metropolitan Magistrate, Dhaka on different dates in respect of the same plot of land at Mouza Kafrul within Dhaka city. 2. Relevant facts are: Upon a prosecution report dat..Category: Criminal Law | Date: | Hits: 68
Bangladesh Vs. Shirely Anny Ansari, 2000, 29 CLC (AD)
....gh Court Division in Writ Petition No. 7756 of 1997 is hereby set aside and that of the Court of Settlement restored. Ed. This Case is also Reported in: 52 DLR (AD) (2000) 180. ......led aforesaid writ petition stating that she is a British national by birth and was married to Dr. WA Ansari, a renowned Surgeon of erstwhile East Pakistan. Dr. Ansari was given lease of a plot of land at Dhanmondi residential area which is plot No. 500- H, Road No. 8(Old) of Plan No. 613/58 me..Category: Property Law | Date: | Hits: 64
Jamir Ali (Md) and others Vs. Secretary, Ministry of Land & others, 2000, 29 CLC (AD)
.... 1953 Act as amended by sections 22 and 23 of the 1987 Act. The petitions are dismissed. Ed. This Case is also Reported in: 52 DLR (AD) (2000) 176; 6 MLR (AD) 2001, 41. ......ion and Requisition of Immovable Property Ordinance, 1982 (II of 1982), section 12 Non-payment of compensation within one year from the date of decision of the Government for acquisition of land as contemplated under section 12 of the Ordinance does not render the land liable to be releas..Category: Property Law | Date: | Hits: 94
Bangladesh and another Vs. Habib Zamil, 2000, 29 CLC (AD)
....the result, the appeal is allowed and the impugned judgment and order set aside. There shall be no order as to costs. Ed. This Case is also Reported in: 52 DLR (AD) (2000) 174. ......ra Das and Tarak Nath Das who transferred the same by a registered deed in 1962, to Md Siddique Jamal, Ibrahim Siddique Jamal and Daud Siddique Jamal in exchange of their properties at 4A and 4B, Okland Square in Calcutta. They also acquired by purchase the shares of other co-sharers and thus bec..Category: Property Law | Date: | Hits: 73
Asmat Ali Vs. Abdur Rafique Mridha and others, 2000, 29 CLC (AD)
....y dismissed without costs. Order of the Court By a majority decision the appeal with cost. Ed. This Case is also Reported in: 52 DLR (AD) (2000) 132. ......e Suit No. 6 of 1985 on 19-2-86, decreeing the suit for redemption of mortgage. 2. The plaint case is that, the plaintiff by a registered deed of mortgage dated 26-3-62 transferred the suit land to one Abdul Gafur Mridha, predecessor-in-interest of the defendants for a consideratio..Category: Property Law | Date: | Hits: 64
Bisheswar Bhattacharjee Vs. Shantimoy Bhattacharjee and others, 2000, 29 CLC (AD)
....udge refusing to strike out the defence. This petition merits no consideration and is accordingly dismissed. Ed. This Case is also Reported in: 52 DLR (AD) (2000) 124. ......acts are brief. The petitioner along with another brought in the First Court of Subordinate Judge, Chittagong a suit for declaration of tile, confirmation of possession etc, in respect of certain land. Defendant Nos. 1 & 2 denied the plaint allegations in a joint written statement. After th..Category: Procedural Law | Date: | Hits: 97
Abdus Samad & ors Vs. Dt. Com. & Custodian of Vested Pty & Non-Res Pty, 2000, 29 CLC (AD)
....ision of the High Court Division. The petition is devoid of any force and the same is accordingly dismissed. Ed. This Case is also Reported in: 52 DLR (AD) (2000) 120. ......f the lower appellate Court’s decree that of the trial Court was restored, dismissing the plaintiffs’ suit. 2. The dispute in this case relates to a pond comprising 0.32 acre of land recorded in CS Plot No. 2495. It originally belonged to Govinda Chandra Datta and others who h..Category: Property Law | Date: | Hits: 59
Sudangshu Jaladash and others Vs. Shahabuddin and others, 2000, 29 CLC (AD)
.... Court Division has not committed any wrong which may call for our interference. The petitions are dismissed. Ed. This Case is also Reported in: 52 DLR (AD) (2000) 119. ......ter and between the same parties we took up the matter analogously for disposal. It appears that the lease of petitioners of Writ Petition No. 4598 of 1997 was cancelled in respect of 420 acres of land out of 456.20 acres for enabling the Government to realise arrear rent of Taka 40,00,000.00 fr..Category: Property Law | Date: | Hits: 71
Secretary, Ministry of Finance Vs. Md. Masdar Hossain and others, 1999, 28 CLC (AD)
....ial service is recognised treated separately in Articles 115, 116 and ll6 A of the Constitution and defined separately in Article 152(1) of the Constitution. The subordinate Courts are part and parcel of Part VI of the Constitution as a separate and independent entry and cannot be a part of ......cial Court Judge in pursuance of a province’s Budge Deficit Reduction plan. It was a part of an overall public economic measure. In remuneration of Judges of the Provincial Court of Prince Edward Island, decided in 1997, the Supreme Court of Canada held that “as a general constitutional principl..Category: Constitutional Law | Date: | Hits: 829
Badsha Mia & Others Vs. Abdul Kader and Others, 2000, 29 CLC (AD)
.... infirmity in the decision of the learned Single Judge of the High Court Division. The petition is dismissed. Ed. This Case is also Reported in: 52 DLR (AD) (2000) 79. ......e award Rule of the Court passed in Other Class Suit No. 283 of 1978 were fraudulent and void respectively stating, inter alia, that as defendant Nos. 8 and 9 tried to construct a pathway over the land of the plaintiffs a dispute arose and on being asked by defendant Nos. 3 and 4 to sign a blank..Category: Civil Law | Date: | Hits: 104
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