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Bangladesh Vs. Mahbubuddin Ahmed, 1998, 27 CLC (AD)
....against him at any time. For the reasons, however, this appeal is allowed without any order as to costs. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 154. ......malendu Bikash Roy Chowdhury J Bangladesh, represented by Secretary, Establishment Division and others……………… Appellants Vs. Mahbubuddin Ahmed……...Respondents. Judgment February 2, 1998. ......against him at any time. For the reasons, however, this appeal is allowed without any order as to costs. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 154. ..Category: Administrative Law | Date: | Hits: 125
Bangladesh Railway and ors. Vs. Pranab Kumur Chakraborty and ors., 1996, 25 CLC (AD)
....espondent Judgment November 25, 1996. The Railways Act, 1890 (IX of 1890), Section 6(3) The Contract Act, 1872 (IX of 1872), Section 23 The suit land being the property of the Government the Railway Administration could not make any contract wi......nt Judgment November 25, 1996. The Railways Act, 1890 (IX of 1890), Section 6(3) The Contract Act, 1872 (IX of 1872), Section 23 The suit land being the property of the Government the Railway Administration could not make any contract with resp......wed without any order as to costs. The impugned judgment and decree passed by the High Court Division are set aside. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 150. ..Category: Administrative Law | Date: | Hits: 130
Sunil Chandra Mondal and others Vs. Narayan Chandra Shil & others, 1996, 25 CLC (AD)
....sion. 2. Material facts necessary for disposal of this appeal are that respondent No. 1 as plaintiff filed the aforesaid suit for a declaration of title and partition in respect of 0.80 acres of land as mentioned in the schedule to the plaint. The appellants as defendant Nos. 45-47 also prayed ......uf J Bimalendu Bikash Roy Chowdhury J Sunil Chandra Mondal and others……………………………………….. Appellants Vs. Narayan Chandra Shil & others ………….. Plaintiff-Respondents Judgment November 5, 1996. Result: The appeal is allowed. The ...... High Court Division was far from justified in upholding the order of amendment. The appeal is, accordingly, allowed with cost. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 148. ..Category: Procedural Law | Date: | Hits: 149
Shahidullah (Md) Vs. Abdus Sobhan Talukder and others, 1996, 25 CLC (AD)
....gment Mustafa Kamal J.- The Administrator of Waqfs applied to the Deputy Commissioner Barisal 27-8-89 under section 64(1) of the Waqfs Ordinance seeking eviction of the plaintiffs from the suit land which led the plaintiff to file Title Suit No. 142 of 1989 in the 1st Court of Subordinate Judg......¦â€¦â€¦.. Petitioner Vs. Abdus Sobhan Talukder and others ………………………..Respondent Judgment October 29, 1996. Result: The petition is dismissed. The Waqfs Ordinance, 1962 (I of 1962), Section 64 Remedy of an appeal to the District Judge under section 64(......ing arrived at a correct finding as to the position of law we find no ground for interference. The petition is dismissed. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 146. ..Category: Property Law | Date: | Hits: 91
Ali Akbar (Md) Vs. Government of Bangladesh and others, 1996, 25 CLC (AD)
....f Mouza Athukura within police station Baniachang of Habiganj district. The petitioner’s father and 13 others took settlement of the said fishery from Kali Prashad Chakraborty and others, ex-landlords of Nayasarak, Sylhet. On the death of his father the petitioner became an owner thereof a......pondents Judgment August 27, 1996. The State Acquisition and Tenancy Act, 1950 (XXVIII of 1951), Sections 43(2) & 44(3) Publication of a notification in the official gazette declaring that a compensation assessment-roll has been finally published fo......ioner was not entitled to retain its possession. The petition is therefore, dismissed. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 143; 1 MLR (AD) 1996, 379. ..Category: Property Law | Date: | Hits: 90
Showkat Hossain Akanda Chowdhury Vs. State, 1997, 26 CLC (AD)
.... Hossain added with taking away of old and ailing Sabirul Hossain Chowdhury by him for treatment on 4-10-80 and subsequent registration of the partition deed on 7-10-80 containing the very same land alleged to have been gifted under the disputed deeds in the saham of Sabirul Hossain Chowdhur......isposed of in the above terms. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 128. ......The order of conviction is therefore set aside. The petition is disposed of in the above terms. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 128. ..Category: Criminal Law | Date: | Hits: 92
Khandoker Saiful Islam Vs. State, 1997, 26 CLC (AD)
.... prosecution case is on 31-5-87 at about 7-00 AM the informant PW 1 Badshah Miah along with deceased Kadem All, his brother PW 12 Saheb Miah and others went to cut jute plants in the decretal land of PW 1 being plot No.31 to the south-west of his house. At this time the accused-petitioner ......nce. The petition is dismissed. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 126. ......o other point has been urged. We do not find any ground for interference. The petition is dismissed. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 126. ..Category: Criminal Law | Date: | Hits: 96
Altaf Hossain Vs. State, 1997, 26 CLC (AD)
....e manner alleged by the prosecution, deceased Hyder Ali was a dacoit and he might have been killed by some unknown enemies while committing dacoity on Dhaka-Aricha Road near a place called Company land. He was taken to the near-by house of Feroz in an injured condition and given first aid. There...... if not wanted in any other case. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 120. ......nd order are set aside. Let the appellant be released forthwith if not wanted in any other case. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 120. ..Category: Criminal Law | Date: | Hits: 104
Subash Chandra Das & ors Vs. Bangladesh, 1994, 23 CLC (AD)
....for review of the judgment and order dated 1 November 1993 allowing Civil Appeal No. 20 of 1993. 2. The petitioners filed Writ Petition No. 343 of 1987 challenging the acquisition of 2068 acres of land appertaining to CS Plot Nos. 29 and 30 of Khatian Nos. 4512 and 4514 respectively situated to t......ed. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 106.......in that behalf to determine as to whether the proceeding stood abated under section 12. For the reasons, the petition is dismissed. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 106...Category: Property Law | Date: | Hits: 89
Jalaluddin (Md) and others Vs. Laily Begum and others, 1998, 27 CLC (AD)
....in refusing to set aside the ex-parte decree. The petition is dismissed. Ed. This Case is also Reported in: 48 DLR (AD) (1996) 163, 50 DLR (AD) (1998) 105. ......998) 105. ...... and no summon was served on proforma defendant No.7. 3. Plaintiff-respondent’s case is that, Jaripuddin was a co-plaintiff of the suit and later when he confirmed to sell the ejmali property he was made proforma defendant No. 7 and a notice of temporary injunction was issue..Category: Property Law | Date: | Hits: 74
Shahabuddin (Md) & others Vs. Habibur Rahman and others, 1996, 25 CLC (AD)
.... defendants for rejection of the plaint of Title Suit No. 308 of 1994. 2. Respondent No.1 brought the said suit against several defendants praying for declaration of tile to certain land and also for recovery of khas possession therein. 3. Some of the defendants who......Division (Civil) Present: ATM Afzal CJ Mustafa Kamal J Latifur Rahman J Md. Abdur Rouf J Bimalendu Bikash Roy Choudhury J Shahabuddin (Md) & others…………. Petitioners Vs. Habibur Rah......he reliefs prayed in the suit, the plaint cannot be rejected as prayed for. This petition is, accordingly, dismissed. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 99. ..Category: Property Law | Date: | Hits: 52
Fatema Bibi Vs. Sree Manik. Lal Somaddar & others, 1995, 24 CLC (AD)
.... Khatian No. 185, whereas the respondents were co-sharers by purchase in that holding. Hence, it was rightly held that the pre-emptor had no locus standi to file the pre-emption case in respect of land of SA Khatin No.185. In both khatians plot No. 991 is a common plot, but pre-emptor being not ...... Supreme Court Appellate Division (Civil) Present: ATM Afzal CJ Mustafa Kamal J Latifur Rahman J Md. Abdur Rouf J Md. Ismailuddin Sarker J Fatema Bibi……………………&hell......ity of the application for pre-emption the same calls for no interference. These petitions are dismissed. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 97. ..Category: Property Law | Date: | Hits: 51
Abul Hossain Mollah alias Abu Mollah Vs. State, 1997, 26 CLC (AD)
....e allegation, inter alia, that on 16 April, 1967 he had fabricated and forged a Kabala, being No. 1342 and got the same registered at the Sub-Registry Office at Mohammadpur in respect of 230 acres of land belonging to Rabindra Nath Roy and others and by using the said forged document he got his name......ppellant be set at liberty forthwith if not wanted in any other connection. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 96. ......rgone and remitting the sentence of fine. Let the appellant be set at liberty forthwith if not wanted in any other connection. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 96. ..Category: Anti-Corruption Laws | Date: | Hits: 71
Golam Moula and others Vs. Gourpada Das and others, 1997, 26 CLC (AD)
....appeal arose out of a suit, Title Suit No. 689 of 1976, brought by the first respondent in the Third Court of Munsif, Jessore, for declaration of title to and confirmation of possession in certain land. The case of the plaintiff briefly, is that the land in suit belonged to one Pagal Rishi. Nima......hellip;……..Respondents Judgment January 19, 1997. The Code of Civil Procedure, 1908 (V of 1908), Section 100 (Repealed) In a second appeal findings of fact cannot be reversed unless those are vitiated by misreading of evidence or non-consi......ts. We find no reason to interfere judgment of the High Court Division. The petition is, therefore, dismissed. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 95. ..Category: Property Law | Date: | Hits: 49
Shahajadpur Central Co-operative Bank Ltd. Vs. Majibur Rahman and others, 1997, 26 CLC (AD)
....rayer for amendment of plaint and returning the plaint to the plaintiff. 2. The plaintiff instituted the suit for declaration of its title to and confirmation of possession in 0.44 acres of land on the northern side of the suit plot comprising an area of 0.82 acres. It was, inter alia, sta......…….Respondents Judgment November 17, 1997. Result: The appeal is allowed. The Code of Civil Procedure, 1908 (V of 1908), Order VI Rule 17 The Court at any stage of the proceedings may allow either party to alter or amend his pleadings as may be just and necessary for the pur......laintiff’s application for amendment of the plaint is allowed. The trial Court shall proceed with the suit in accordance with law. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 86. ..Category: Property Law | Date: | Hits: 83
Enjaheruddin Mia alias Md. Enjaheruddin Mia Vs. Mohammad Hossain and others, 1998, 27 CLC (AD)
....bdur Rouf J.- The plaintiff- petitioner along with his brother respondent No. 15 Md. Tota Mia on 29-3-86 instituted Title Suit No. 65 of 1986 initially for declaration of their title to 5.58 acres of land, which was subsequently raised by way of amendment of the plaint to 9.41 acres by incorporating......ported in: 50 DLR (AD) (1998) 84. ...... appellate Court. The impugned judgment of the High Court Division thus, does not call for any interference. The petition is dismissed. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 84. ..Category: Property Law | Date: | Hits: 93
Government of Bangladesh Vs. Paresh Chandra Gharami and others, 1998, 27 CLC (AD)
....ed 27-5-1993 passed by the learned Assistant Judge, Additional 2nd Court, Barisal dismissing on contest Title Suit No.82 of 1992 for declaration of the plaintiff-respondents’ title to 3.90 acres of land and for further declaration that the proceedings taken in the Vested Property (briefly VP) Case...... Latifur Rahman J Md. Abdur Rouf J Bimalendu Bikash Roy Choudhury J Government of Bangladesh………………..Defendant-Petitioner Vs. Paresh Chandra Gharami and others……Plaintiff- respondents Judgment May 15, 1997. Result: The petition is dismissed. Ves......the High Court Division. No point of law of public importance is involved in this case. The petition is, therefore, dismissed. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 70. ..Category: Property Law | Date: | Hits: 73
Golam Sarwar (Md) & others Vs. Md Liakat Ali and others, 1997, 26 CLC (AD)
....sore dismissing Title Suit No. 69 of 1988. 2. The predecessor-in-interest of respondent Nos. 1-14 late Razab Ali Molla instituted the aforementioned suit for declaration of his title to the suit land. The case of the plaintiff, in brief, is that the suit land originally belonged to two brothers...... is dismissed. The Code of Civil Procedure, 1908 (V of 1908), Sections 115 If the High Court Division is satisfied that the lower appellate court has failed to consider any material evidence in reversing a finding of fact arrived at by the trial court, the proper course is to sent back the ......te Court, We do not find any legal infirmity in the impugned judgment which calls for any interference. The petition is dismissed. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 67. ..Category: Property Law | Date: | Hits: 74
Jahanara Begum Vs. Md. Aminul Islam Chowdhury and others, 1997, 26 CLC (AD)
.... Court Dhaka in Title Suit No. 167 of 1975 decreeing the suit. 2. The plaintiff-respondent filed the aforesaid suit for specific performance of contract. The case of the plaintiff is that the Suit lands comprising of homestead, orchard, tank, etc. belonged to defendant Nos. 1 and 2 who entered in......Latifur Rahman J Md. Abdur Rouf J Bimalendu Bikash Roy Choudhury J Jahanara Begum……………………………………………………… Defendant-Appellant Vs. Md. Aminul Islam Chowdhury and others………………….Plaintiff-Respondents Judgment Feb......id provision of law. Consequently, the appeal is dismissed without any order as to costs and the suit is decreed. Ed. This Case is also Reported in: 50 DLR (AD)(1998) 52; 2 MLR (AD) 112. ..Category: Property Law | Date: | Hits: 86
Hasna Banu & others Vs. Keamat Ullah Malitha and others, 1997, 26 CLC (AD)
....10-66 is void, fraudulent, without any consideration and not binding upon the plaintiff. The plaint case is that her son defendant No. 2 on the strength of the kabala dated 17-10-66 recorded the suit land in the name of his wife, defendant No. 1, on the plea that his mother executed and registered t......l J Latifur Rahman J Md. Abdur Rouf J Bimalendu Bikash Roy Choudhury J Hasna Banu & others……………Defendant Appellant Vs. Keamat Ullah Malitha and others ……...Plaintiff-Respondents Judgment June 9, 1997. Result: The appeal is dismissed. The Limi...... Court on the question of limitation and decreed the suit. The appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: 50 DLR (AD)(1998) 50, 18 BLD (AD) 10. ..Category: Procedural Law | Date: | Hits: 154
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