Judgment search - Chancery Law Chronicles

Displaying 3521-3540 of 3679 results.

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 ...... Court Appellate Division (Civil) Present: Shahabuddin Ahmed CJ MH Rahman J ATM Afzal J Mustafa Kamal J Latifur Rahman J Babul Kanti Das and others....................Appellants Vs. Abul Hashem and others.....................missioner for local inspection and accordingly, one Mr. Abdul Huq, Advocate was appointed as Commissioner to file report within 3 days. The Advocate Commissioner filed his report on 22.10.90 swing that at the time of inspection of the suit land the defendants and many local persons were present ...... Judgment July 13th, 1994. Cases Referred to- Abdul Jalil Munshi vs. Abu Bakar Siddique, 35 DLR (AD) 42 at para 12; Daniel vs. Ferguson (1891) 2 Ch. 27 and Von Jeel vs. Hornsey (1895) 2 Ch. 774; 35 DLR (AD) 42. Lawyers Involved: SS Halder, Senior Advocate..

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......ivil 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 litis of his suits has the liberty to pursue or not to pursue any one of the two Suit...... two Suits. And the two suits being inextricably linked together can be amended according as the plaintiff wishes to lay stress on either the first suit or the second suit, having regard to the fact that he is obliged to pursue the two suits basically for the same remedy……………(10 & 15) ......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 litis of his suits has th..

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. ......;…………………………………. Respondents (In Civil Appeal Nos. 76 of 1993 & 16 of 1996) Dewan Abdul Kader alias Mostafa Kamal & others……….. Respondents (In Civil Appeal Nos. 77 of 199......ticle 39(2) of the Constitution and accordingly, struck it down as unconstitutional. The High Court Division, however, granted a certificate under Article 103(2)(a) of the constitution certifying that the cases involved a substantial question of law as to the interpretation of the Constitution p......4; Express Newspaper Limited vs. Union of India, AIR 1958(SC) 578; Sakal Papers Ltd. and others vs. Union of India 1962 (SC) 305. Lawyers Involved: Md. Aftab Hossain, Advocate-on-Record — For the Appellant (In Civil Appeal Nos. 76 & 77 of 1993) AW Bhuiyan, Additi..

Category: Intellectual Property Law | Date: | Hits: 279

Abdus Satter (Md) Vs. Bangladesh and others, 1996, 25 CLC (AD)

....from the summary rejection of the Writ Petition No. 2595 of 1994 on 8-1-95 by the High Court Division. 2. In 1987 the appellant constructed a four storied residential building on 7 kathas of land in CS plot No. 133 Part. Mouza Bramancharan, JL No. 342, PS Sabujbagh, District Dhaka as per s......desh and others………………. Respondents. Judgment August 28, 1995. Lawyers Involved: Shamsul Haque Siddique, Advocate-on-Record —For the Appellant. Ex-parte- the Respondents. Civil Appeal No. 27 of 1995. ......tioned plot which he may have had in respect of the said four storied building. The Appellant showed cause on 7-5-94 (Annexure C) stating the particulars of his sanctioned plan and further stating that a neighbour of his has falsely complained to the Kartripakkha that his building has leaned on o...... Bangladesh and others………………. Respondents. Judgment August 28, 1995. Lawyers Involved: Shamsul Haque Siddique, Advocate-on-Record —For the Appellant. Ex-parte- the Respondents. Civil Appeal No. 27 of 199..

Category: Business or Commercial Law | Date: | Hits: 136

Fazle Karim and others Vs. Government of Bangladesh and others, 1995, 24 CLC (AD)

....udgment was passed, the prelude to the said judgment may be usefully quoted here: “The matter arises out of an acquisition proceeding of 1959-60 requisitioning and then acquiring large areas of land in mouza Khilgaon, presently within PS Motijheel, for the Railway Board. Plaintiff-respondents�........Other Parties Judgment January 30, 1995. Result: The petition is dismissed. The Code of Civil Procedure, 1908 (V of 1908), Order XLVII rule 1 Unless a prayer for review is based on the grounds mentioned in Order XLVII , rule 1 of the Code the Court will not sit on the matt......eview is based on the grounds mentioned in Order XLVII , rule 1 of the Code the Court will not sit on the matter again for rehearing or further hearing which is already concluded by decision even if that be erroneous. It appears that there is no valid ground for interference because all the submissi......��…………..Other Parties Judgment January 30, 1995. Result: The petition is dismissed. The Code of Civil Procedure, 1908 (V of 1908), Order XLVII rule 1 Unless a prayer for review is based on the grounds mentioned in Order XLVII , rule 1 of the Code the Court will not s..

Category: Property Law | Date: | Hits: 80

Akhtar Banu Vs. Habibunnessa and others, 1996, 25 CLC (AD)

....cessor of the appellants, Akhtar Banu, instituted Title Suit No.9 of 1957 in the aforesaid Court declaration of title to and for recovery and confirmation of possession in certain parts of the suit land. The suit, on transfer to the 5th Court of the Subordinate Judge, Dhaka was renumbered as Tit......) 164 ......dge, Dhaka abated as a whole for non-substitute of the heirs of deceased-defendant No.3, Aga Ali Hasan Raza, within time who had died on 4-4-1972. 2. Leave was granted mainly on the ground that the High Court Division failed to apply the correct principle as to substitution of the heirs o......ouncil in Brij Indar Singh vs. Kanshi Ram AIR 1917 PC 156; Chulam Abbas vs. Hashim 1969 SCMR 257; Gobind Sahu vs. Zafar Karim AIR 1925 Pat. 145. Lawyers Involved: Rafiq-ul Haque, Senior Advocate, instructed by Shairifuddin Chaklader, Advocate-on-Record— For the Appellants. ..

Category: Property Law | Date: | Hits: 70

Abdul Mazid Howlader & another Vs. Lahajuddin Howlader & others, 1996, 25 CLC (AD)

....on for pre-emption under section 96 of the Estate Acquisition and Tenancy Act on 11-4-85. 2. The pre-emptor-respondent filed the case claiming himself as a contiguous owner of the proceeding land conveyed to the pre-emptee-appellant Nos. 1, 2 and respondent Nos. 2-7 by a kabala deed regis......996) 160 ......d on 27-6-70 at Bauphal Sub-Registrar’s Office under District Patuakhali. The proceeding land originally belonged to one Mahendra and correctly recorded in his name in the State Acquisition Khatian Nos.600 and 697. The said Mahendra sold the proceeding land along with his other lands to on......er and another……………..Pre-emptee-Appellant Vs. Lahajuddin Howlader & others……………………Pre-emptor-Respondent Judgment June 16, 1996. Lawyers Involved: Md. Nawab..

Category: Property Law | Date: | Hits: 60

Wazed Ali Sardar (Md) Vs. Md. Afsaruddin Sardar and others, 1996, 25 CLC (AD)

....ure as to non-service of summons upon the appellant. 2. Respondent No. 1 tiled Title Suit No.5 1 of 1970 in the Court of Subordinate Judge at Khulna for declaration of his title to the suit land measuring 11.64 acres. The suit was later on transferred to the Court of Subordinate Judge, Sa......…………...Respondents Judgment July 5, 1995. Lawyers Involved: SS Halder, Senior Advocate, instructed by Md. Aftab Hossain, Advocate-on-Record — For the Appellant. Abdur Rahim, Advocate-on-Record — For the Respondent No.1. ......er on transferred to the Court of Subordinate Judge, Satkhira and renumbered as Title Suit No.5 14 of 1981. Amongst other defendants defendant No.15 filed a written statement stating, inter alia, that he has sold some of the suit land to the appellant and others whereupon respondent No.1 implead......Appellant vs. Md. Afsaruddin Sardar and others……………...Respondents Judgment July 5, 1995. Lawyers Involved: SS Halder, Senior Advocate, instructed by Md. Aftab Hossain, Advocate-on-Record — For the Appellant. ..

Category: Procedural Law | Date: | Hits: 133

Abul Bakar Siddique (Md) Vs. Additional Deputy Commissioner, Kurigam and others, 1996, 25 CLC (AD)

....sha Non-Government Primary School was established in 1973 at the initiative of one Ashraf Ali who by a registered heba deed dated 11-3-75 transferred Plot Nos. 724 and 285 measuring 0.34 acres of land of mouza Bhadrapara in favour of the school. The school was registered with the Directorate o......96) 154 ......cree and dismissed the plaintiff’s suit. The plaintiff being aggrieved by the impugned judgment of the High Court Division is seeking leave to appeal before us. 2. The plaint case is, that Bhadrapara Adarsha Non-Government Primary School was established in 1973 at the initiative of ......oner, Kurigam and others………………………..Respondents Judgment May 23rd, 1996. Lawyers Involved: Rafiq-Ul-Huq, Senior Advocate (MA Advocate with him), instructed by Shamsul Siddique, Advocate-on-Record — For ..

Category: Property Law | Date: | Hits: 63

Abdul Wadud Contractor and another Vs. Nazir Ahmed and others, 1996, 25 CLC (AD)

.... Respondent No.1 contested the suit denying the material allegations made in the plaint and contending, inter alia, that he along with other was owners of the suit property in respect of gandas of land by virtue of a gift in their favour including- the suit property. The case of the appellants i......iaz Mahmud, Advocate with him) instructed by Sharifuddin Chaklader, Advocate on-Record-For Respondent No. 1. Civil Appeal No 41 0f 1990. (From the judgment and order dated 29-5-1986 passed by the High Court Division, Circuit Bench, Chittagong in Civil Revision No. 50 of 1985). ......their title to, the suit property described in Scheduled ‘A’ to the plaint and for recovery of khas possession thereof evicting the respondents therefrom on the allegations, inter alia that respondent No.1 was a licensee in respect of the suit property. Respondent No.1 contested the ...... Civil Present: ATM Afzal CJ Mustafa Kamal J Latifur Rahman J Md. Abdur Rouf J Md. Ismailuddin Sarker J Abdul Wadud Contractor and another…………………….Appellants Vs..

Category: Property Law | Date: | Hits: 52

Jamila Khatun Vs. Rustom Ali, 1996, 25 CLC (AD)

....as plaintiff on the allegations, inter alia, that the appellant and the respondent were married on 3.8.72, the dower being fixed at Taka 500.00 On the same date the respondent transferred 11 acres of land to the appellant by a saf kabala. The couple lived together happily as man and wife and when th......bdur Rouf J Jamila Khatun…………………… Appellant Vs. Rustom Ali………………….... Respondent Judgment March 7, 1996. Result: The appeal is allowed in part. Cases Referred to- Abdul Futfer Moulvie Vs. Pabunesa Khatun, (1881) ILR 6 (Cal) 631; Mst. Ghulam F......: 48 DLR (AD) (1996) 110. ...... Result: The appeal is allowed in part. Cases Referred to- Abdul Futfer Moulvie Vs. Pabunesa Khatun, (1881) ILR 6 (Cal) 631; Mst. Ghulam Fatima Vs. Sheikh Muhammad Bashir, PLD 1985 (WP) (Lahore) 596; Sardar Muhammad Vs. Most. Nasima Bill and ors, 19 DLR (WP) 50 = PLD 1966 (Lahore) 703; Sir..

Category: Family Law | Date: | Hits: 198

Tafazal Ahmed Contractor Vs. Abdur Rahim and others, 1996, 25 CLC (AD)

....r Appeal No.204 of 1982. The suit for redemption of mortgage, Other Suit No. 67 of 1978, was dismissed by the 5th Court of Munsif, Sadar, Chittagong on 30-6-82. 2. Begumjan, the owner of the suit land, mortgaged the same to defendant Nos. 1-3 (respondent Nos. 1-3 herein) by a mortgage deed dated......�…………………………..Appellant Vs. Abdur Rahim and others……………………………. Respondents Judgment February, 1996. Result: The appeal is dismissed. Case Referred to- Mohammad Ahmed Saeed Khan Vs. Kishori Lal, AIR 1932 (All.) 375; Kamala Sahai Vs......d of Chaitra, 1384 BS and upon refusal by the said defendants instituted the instant suit for redemption. 3. Contesting defendant No.1 (respondent No.1 herein) contended in his written statement that the transfer on 20-5-37 was an out and out sale with a condition of re-purchase. After some time......rted in: 48 DLR (AD) (1996) 94. ..

Category: Property Law | Date: | Hits: 63

Shamsul Islam & others Vs. Badiar Zaman alias Bablu and another, 1996, 25 CLC (AD)

....on for pre-emption under section 96 of the State Acquisition and Tenancy Act, 1950. 2. The predecessor of the petitioners late Abdus Samad Biswas filed an application for pre-emption of the land of the Kabala dated February 1, 1980 executed by Md. Ibrahim in favour of Munshi Abdus Satter ......msul Islam & others …………………………………………..Petitioners Vs. Badiar Zaman alias Bablu and another………………… Respondents Judgm......ip;……… Respondents Judgment August 27th, 1995. Cases Referred to- Tamizunnessa vs. Umar Ali reported in 18 DLR 572; Sale Mohammed vs. Mosammat Ayesha Khatoon Choudhurani 20 DLR 376. Lawyers Involved: Md. Fazlul Karim, Senior Advocate, ......aman alias Bablu and another………………… Respondents Judgment August 27th, 1995. Cases Referred to- Tamizunnessa vs. Umar Ali reported in 18 DLR 572; Sale Mohammed vs. Mosammat Ayesha Khatoon Choudhurani 20 DLR 376. Lawye..

Category: Property Law | Date: | Hits: 56

Moti Mia Vs. Ayesha Khatun and another, 1996, 25 CLC (AD)

.... by the plaintiff and registered on 12.4.76 and 6.10.76 in favour defendant No.1 are illegal and inoperative and, as such, defendant No.1 has not acquired any right, title and interest in the suit land and that the plaintiff is the owner and possessor of the Suit lands. The plaint case is that d......intiff-Appellant Vs. Ayesha Khatun and another ………………Respondents Judgment July 13th , 1995 Cases Referred To: AIR 1916 (Patna) 284; Ouseph Poulo vs. Catholic Union Bank Ltd., A...... Mia……………………………………………..Plaintiff-Appellant Vs. Ayesha Khatun and another ………………Respondents Judgment ......995 Cases Referred To: AIR 1916 (Patna) 284; Ouseph Poulo vs. Catholic Union Bank Ltd., AIR 1965 (SC) 166; Ramchandra Laxman and others vs. Bank of Kolhapur. AIR 1952 (Born) 315; Loganathan (minor) and another vs. Pounuswami Naiker and others 1964 (Mad.) 327; Md Joyn..

Category: Property Law | Date: | Hits: 72

Moudud Ahmed Vs. State, 1996, 25 CLC (AD)

....l Bashar, the then Chairman of former DIT (since deceased) in collusion with each other and in violation of the existing Rules of the then DIT allotted 11 bigha , 11 katha, 1 chatak and 34 sq. ft. of land of plot No. 1 of Shahbag Commercial Area situated on the north of the PG Hospital and on the we...... Additional Attorney General instructed by Sharifuddin Chaklader, on-Record—For the Respondent. Criminal Petition for Leave to Appeal No. 108 of 1995 From the Judgment and Order dated 9-5-95 passed by the High Court Division in Criminal Revision No. 365 of 1992). Judgment: Mustafa Kam......ted 9.5.95 discharged the Rule. The petitioner has preferred this petition for leave to appeal from the last judgment referred to above. 2. Short facts necessary for disposal of the petition are, that on 9.5.91 Mr. Md. Ataur Rahman, on Officer of the Bureau of Anti-Corruption. Dhaka Region lodged......ker J Moudud Ahmed…………………..Petitioner Vs. State……………………………………Respondent. Judgment November 2nd, 1995 Lawyers Involved: Rafiq-ul-Huq, Senior Advocate (Azizul Advocate with him) instructed by Md. Hossain, Advocate-on-Record— For the Peti..

Category: Anti-Corruption Laws | Date: | Hits: 105

Principal, Chittagong Medical College and others Vs. Shahrayar Murshed and others, 1995, 24 CLC (AD)

....pugned judgment and order passed by the High Court Division. Accordingly all the appeals are dismissed without any order as to costs. Ed. This Case is also reported in: 48 DLR (AD) (1996) 33. ......�………………………………Respondent (In Civil Appeal No.70 of 1994) AZM Mahfuzur Rahman……………………………………..Respondent (In Civil Appeal No.71 of 1994) Abul Hasnat Md. Rezaul Hossain……………………….Respondent (In Civil Appeal No.72 of 1994) F......judgment and order dated 18.5.1994 passed by a Division Bench of the High Court Division in Writ Petition Nos. 2141, 2142, 2143, 2195 and 2196 of 1993 making the Rules absolute therein and declaring that the notification dated 20.10.1993 issued under the signature of the appellant No.1 expelling the......……………Respondent (In Civil Appeal No.74 of 1994) Judgment June 15, 1995. Result: All the appeals are dismissed. Cases Referred to- Ridge vs. Baldwin (1964) AC 40 (Law Reports 1964) & 16 DLR (SC) 722. Lawyers Involved: Aminul Huq, Attorney-General instructed ..

Category: Constitutional Law | Date: | Hits: 169

Attar Mia and another Vs. Mahmuda Khatun Chowdhury, 1996, 25 CLC (AD)

....h Court Division was justified in dismissing the suit in revision upon setting aside the concurrent decree of the Courts below on the finding that the plaintiffs claim for pre-emption for the suit land only and to the exclusion of the structures thereon, in the facts and circumstance of the case...... Mahmuda Khatun Chowdhury being dead her heirs Abdul Malik Chowdhury…………… Defendant-Respondents Judgment August 13, 1995. Case Referred to- Durga Prasad vs. Munsi (1884) All (Vol.6) 423. Lawyers ......ip;……………………………………………Plaintiff-Appellants Vs. Mahmuda Khatun Chowdhury being dead her heirs Abdul Malik Chowdhury…………… D...... Judgment August 13, 1995. Case Referred to- Durga Prasad vs. Munsi (1884) All (Vol.6) 423. Lawyers Involved: TH Khan, Senior Advocate, (AJ Mahmud Ali, Advocate, Supreme Court with him) instructed by Sharifuddin Chaklader,..

Category: Property Law | Date: | Hits: 84

Kamiruddin and others Vs. Md. Mokshed Ali Biswas and others, 1996, 25 CLC (AD)

....he allegations, inter alia, that the respondents instituted Title Suit No. 82 of 1956 in the Second Court of Munsif at Jhenidah for declaration of title and recovery of khas possession of the suit land measuring 16 acres from the appellants but the plaint of that suit having been returned they f......Kamal J Latifur Rahman J Md. Abdur Rouf J Md. Ismailuddin Sarker J Kamiruddin and others............................... Appellants Vs. Md. Mokshed Ali Biswas and others........... Respondents Judgment July 3, 1995. Lawyers Involved: ......dge, Jhenidah against the defendant-respondents praying for setting aside the ex parte decree dated 27.8.1974 which they obtained in their Title Suit No. 3 of 1959 on the allegations, inter alia, that the respondents instituted Title Suit No. 82 of 1956 in the Second Court of Munsif at Jhenidah ...... Md. Mokshed Ali Biswas and others........... Respondents Judgment July 3, 1995. Lawyers Involved: Shafique Ahmed, Advocate, instructed by Md. Nawab Ali, Advocate-on-Record — For the Appellants. B Hossain, Advocate-on-Record — For the Respondents No..

Category: Property Law | Date: | Hits: 61

Hasina Khatoon and others Vs. Bangladesh and others, 1996, 25 CLC (AD)

....1966 and also the judgment and order dated 12th August, 1987 of the Court of Settlement in Case No. 377 of 1987. 2. The petitioner’s father Md. Abdul Kader built the house on the land taken from the Government as a lessee for ninety-nine years. He died on 25th March, 1971. Afte......esent: Shahabuddin Ahmed CJ MH Rahman J ATM Afzal J Mustafa Kamal J Latifur Rahman J Hasina Khatoon and others ………………………&h...... Shahabuddin Ahmed CJ MH Rahman J ATM Afzal J Mustafa Kamal J Latifur Rahman J Hasina Khatoon and others …………………………&....................... Respondents Judgment January 30th, 1992 Lawyers Involved: M I Farooqui, Advocate, instructed by Md. Aftab Hossain, Advocate-on-Record. —For the Petitioners. Not Represented — Respondents. Civi..

Category: Property Law | Date: | Hits: 53

Bangladesh Vs. Md. Suruzzamal and others, 1996, 25 CLC (AD)

....t, a two- storied building with other tin shed and structures being House No. 145A. Road No. 2 Dhanmondi Residential Area, Police Station—Lalbagh, District— Dhaka standing on 1 bigha of land or there-about, originally belonged to one Dr. S M Shamim, who took a loan from Rupali Bank (t......llip;…………………………..Respondents [In both the Appeals] Judgment April 27, 1995. Cases Referred to- M/s Khan Brothers Ltd. vs Government of Bangladesh 27 DLR 423, Government......;. The appellant, Bangladesh, preferred Miscellaneous Case No. 174 of 1974 in the Execution Case, under Order XXI rule 58 CPC praying of release for the suit property from attachment on the ground that it was an abandoned property. Rupali Bank filed a written objection, but the appellant’s ......t Appellate Division (Civil) Present: M H Rahman CJ Mustafa Kamal J Latifur Rahman J Bangladesh, represented by the Secretary, Ministry of Public Works and Urban Development………………………&h..

Category: Property Law | Date: | Hits: 61

Search Options

Judgment Advanced Search