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Bangladesh Vs. Chairman, Court of Settlement and others, 1997, 26 CLC (AD)
.... 255 of 1987 in the Court of Settlement claiming that holding No. Ka-341, Mohammadpur, Block-D, Dhaka originally belonged to Sk. Jagoo who gifted the property in favour of his wife Farida Begum by registered deed No. 680 dated 30-5-72 and put her in possession of the same. Farida Begum mutated h...... already determined by a Court of law. We find no ground for interference. The petition is dismissed. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 93. ......what extent, if not already determined by a Court of law. We find no ground for interference. The petition is dismissed. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 93. ..Category: Property Law | Date: | Hits: 58
Shahajadpur Central Co-operative Bank Ltd. Vs. Majibur Rahman and others, 1997, 26 CLC (AD)
....rising an area of 0.82 acres. It was, inter alia, stated in the plaint that on 18-1-1928 the plaintiff Bank got settlement of the suit plot from the landlord Gazendra Nath Thakur and others through a registered patta followed by a registered Kabuliat. They have their Bank building on 0.38 acres of l......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. ......aside and the plaintiff’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)
....by way of amendment of the plaint to 9.41 acres by incorporating another 12 plots therein. The plaintiff further amended the prayer portion of the plaint on 25-9-88 for a further declaration that the registered deed of gift dated 27-4-70 claimed to have been executed by his uncle Haji Abdullah in fa...... 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. ......ee of the lower 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
Advocate Md. Abdul Hamid Vs. Md. Fazlur Rahman, 1998, 27 CLC (AD)
.... the Returning Officer, Kishoreganj and the Assistant Returning Officers, Itna, Mitamoin and Austogram were joined as parties along with all the candidates. 3. The said election petition has been registered as Divisional Election Tribunal Case No. 2 of 1997 and it is pending for disposal before ......ion petition— (a) all contesting candidates; and (b) any other candidate against whom any allegation, if any corrupt or illegal practice is made, and shall serve personally or by registered post on each such respondent a copy of his petition.” Article 51(2) reads: “A petitioner......tion we find no reason to differ from the said view. For all these reasons we find no substance in this petition which is accordingly dismissed. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 80. ..Category: Election Law | Date: | Hits: 168
Aung Shwe Prue Chowdhury Vs. Kyaw Sain Prue Chowdhury and others, 1997, 26 CLC (AD)
....gladesh Gazette on 21-11-96 is declared to have been made and issued without lawful authority and of no legal effect. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 73. ......ame after considering the same if there are reasons for not accepting them. Then the High Court Division found as follows: “Thus it is clear that Bohmong Chief is not a holder of any Government post but as a political office and is merely nominated and recognised by the Government from amongst......shed in the Bangladesh Gazette on 21-11-96 is declared to have been made and issued without lawful authority and of no legal effect. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 73. ..Category: Civil Law | Date: | Hits: 203
Golam Sarwar (Md) & others Vs. Md Liakat Ali and others, 1997, 26 CLC (AD)
.... Khatian the suit land was recorded in her name. Suburon Nessa then died leaving behind her cousin Jahar Ali as her heir, who inherited her said property Jahar Ali then transferred the suit land by 3 registered kabalas to the contesting defendants and since purchase, they have been possessing the su......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. ......the lower appellate 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
Abdul Jalil and others Vs. Sharon Laily Begum Jalil, 1997, 26 CLC (AD)
....yan Union Parishad and her mother being a resident in Middlesborough, England. She was married to respondent No. 1 Abdul Jail (in the writ petitions) on 12-7-1984 in England and the marriage was duly registered at the Registrar’s office in Rawtenstall, Hyndburn and Ressendale, county of Lancashire......Court concerned, the British High Commission at Dhaka and the Ministry of Home Affairs (for attention of the immigration authorities). Ed. This Case is also Reported in: 50 DLR (AD)(1998) 55. ...... immediate custody of the children which may be ordered in the interest of the welfare of the said children……………….(33) Cases Referred to- Abu Baker Siddique vs. SMA Bakar 38 DLR (AD) 106; Queen vs. Gyngall (1893) 3 QBD 232; Walter vs. WaIter 55 Cal 730; Saraswathi vs. Dhanakoti ..Category: Family Law | Date: | Hits: 250
Jahanara Begum Vs. Md. Aminul Islam Chowdhury and others, 1997, 26 CLC (AD)
....t, resulting in an erroneous decision, in that context the learned single Judge in his revisional jurisdiction rightly held that the lower Appellate Court on surmise and conjectures disbelieved the unregistered agreements which were proved by reliable and cogent evidence and confirmed the judgment o......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. ......nt as contemplated under the said 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)
....by the Munsif 2nd Court, Kushtia in TS No. 68 of 1977. 2. The plaintiff who is the mother of defendant No. 2 and mother-in-law of defendant No.1 filed the suit against them for a declaration that registered kabala dated 17-10-66 is void, fraudulent, without any consideration and not binding upon...... 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. ...... finding of the lower appellate 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
Bangladesh Vs. Shafiuddin and Others, 1997, 26 CLC (AD)
....ittees were given no guideline at all as to the procedure and principle of selection of candidates for promotion. 47. On this submission of the Government appellants, Mohammad Ismailuddin Sarker J registered his acceptance and held that the Cabinet decision was an Executive order passed by the hi......le 55 (4) of the Constitution and have been issued under the proviso to Article 133. These notifications have the precision of rules and are general in nature in their application to promotion to the posts of Joint Secretary and above and Deputy Secretary and they have the force of law…………........system for protecting the neutral character of public service…………………….(66) The Constitution of Bangladesh, Articles 102 & 117 (iv) In Mujibur Rahman v. Bangladesh, 44 DLR (AD) 111, the right to move the High Court Division under Article 102 (1) for enforcement of fundamen..Category: Constitutional Law | Date: | Hits: 185
State Vs. Raihan Ali Khandker and others, 1997, 26 CLC (AD)
.... the said property left behind by Mojahar Ali and on 11-10-80 accused-respondent No. 2, Khandker Abul Hossain impersonating himself as Wahed Ali Mollah and accused Rashida Khatun jointly executed and registered sale deed No. 6876 on 11-10-80 transferring the said property left behind by Mojahar Ali ......orroborated opinion of handwriting and fingerprint expert. We do not find any ground for interfere. The petition is dismissed. Ed. This Case is also Reported in: 50 DLR (AD)(1998) 23. ......ons on the uncorroborated opinion of handwriting and fingerprint expert. We do not find any ground for interfere. The petition is dismissed. Ed. This Case is also Reported in: 50 DLR (AD)(1998) 23. ..Category: Procedural Law | Date: | Hits: 120
Abdus Samad Akand and others Vs. Abdul Halim Miji and others, 1997, 26 CLC (AD)
.... Khaleque Miji purchased the shares of his sisters and became the sole owner of the suit plot. The plaintiffs purchased the disputed. 0.19-1b/2 acres of land from Abdul Khaleque Miji by means of four registered Kabalas of the years 1974 and 1976. Since their purchase they have been in exclusive poss......fere with the impugned judgment of the High Court Division. In the result, this appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 6. ......nt injunction and hence the High Court Division was correct in setting aside the order of injunction passed by the Court below. Case Referred to- Moharram Ali vs. Mohammad Madhu Mia, 41 DLR (AD) 92. Lawyers Involved: Mahbubey Alam, Advocate instructed by Sajjadul Huq, Advocate-on-Re..Category: Property Law | Date: | Hits: 83
Abdul Jalil and others Vs. Islamic Bank Bangladesh Ltd and others, 2000, 29 CLC (AD)
....of the earlier suit up to the Appellate Division the defendants of that suit who are defendant Nos. 2 to 6 in the present suit sold land measuring 90 Satangsha of CS Plot No. 371 to defendant No.1 by registered Kabala which is the cause of action of the present suit. The plaintiffs filed the present......rrect appreciation of both law and fact. There is therefore no merit in this petition. The petition is accordingly dismissed. Ed. This Case is also Reported in: 53 DLR (AD) (2001) 12. ......n proper and correct appreciation of both law and fact. There is therefore no merit in this petition. The petition is accordingly dismissed. Ed. This Case is also Reported in: 53 DLR (AD) (2001) 12. ..Category: Property Law | Date: | Hits: 101
Shah Sufi Taj Islam Vs. Begum Rokeya Chowdhury and another, 2000, 29 CLC (AD)
....eclaration that those were obtained by fraudulent means and that were not acted upon and not binding upon the plaintiffs on the averments, inter-alia, that the plaintiff purchased the land in suit by registered deeds dated 24-6-58 and 21- 12-59 and since that date she was in possession thereof by co......missions made by Mr. Mahbubey Alam, the learned Advocate for the petitioner, do not merit consideration. The petition is dismissed. Ed. This Case is also Reported in: 53 DLR (AD) (2001) 7. ...... 10. The submissions made by Mr. Mahbubey Alam, the learned Advocate for the petitioner, do not merit consideration. The petition is dismissed. Ed. This Case is also Reported in: 53 DLR (AD) (2001) 7. ..Category: Civil Law | Date: | Hits: 162
Mahmudul Islam alias Ratan vs. State, 2000, 29 CLC (AD)
....ge of the High Court Division. Let a copy of this judgment be transmitted to the author Judge of the High Court Division forthwith. Ed. This Case is also Reported in: 53 DLR (AD) (2001) 1. ......riend of Khaleque @ Khaled saw deceased running after the injury. He took the injured to Mitford Hospital and from there to Dhaka Medical College Hospital where he died. PW 14 Dr. Mofizur Rahman held post-mortem examination of deceased Khaled. PW 15 Dr. Kazi Abdullah examined PW 2 Swapan who was sev......if can stand the scrutiny of cross-examination, can be believed if not otherwise unbelievable. ………………(16) Case Referred to- Government of Bangladesh Vs. Giasuddin and others, 4 MLR (AD) 29 = 51 DLR (AD) 103. Lawyers Involved: Khondkar Mahbub Hossain, Senior Advocate, instruct..Category: Criminal Law | Date: | Hits: 108
Tara Mia & others Vs. Taru Mia & others, 2006, 35 CLC (AD)
....the plaint and that both the courts below did not read Exits. 1 and 1(a) in as much as Ext. 1 (a) shows that the vendors sold their rent receiving interest in the suit jote. The genuineness of Ext. A registered in 1939 cannot be disputed on the basis of evidence adduced in 1965 and that the suit for......e, we are of the view that the High Court Division did not commit any error in allowing the appeal. Accordingly, the appeal is dismissed with costs. Ed. ......e, we are of the view that the High Court Division did not commit any error in allowing the appeal. Accordingly, the appeal is dismissed with costs. Ed. ..Category: Property Law | Date: | Hits: 76
Syed S.M. Hasan Vs. Bangladesh, 2002, 31 CLC (AD)
....le of equity and good conscious. In the result, this appeal is dismissed without an order as to costs. Ed. This Case is also Reported in: 60 DLR (AD) (2008) 76. ......y situated and deserved similar treatment. 2. The appellant was a Deputy General Manager of the Rupali Bank on and from 1.10.1989 filed the writ petition stating, inter alia that all posts of the General Manager in all nationalized Banks and the Rupali Bank Ltd. were included in a c......nts' Association V. State of T. N. (1994) 5 SCC 509, Schmidt Vs. Secretary of State for Home Affairs. 1969 2 Chancery 149, Secretary, Ministry of Establishment Vs. Md. Jahangir Hossain, 51 DLR (AD) 148. Lawyers Involved: Abdur Rob Chowdhury, Senior Advocate, instructe..Category: Administrative Law | Date: | Hits: 130
Agrabad Hotel Ltd. & another Vs. Revenue Deputy Collector, Cox's Bazar & others, 2006, 35 CLC (AD)
.... 24th March, 1986 for the construction of a 5-Star Hotel. The Company was directed to deposit Tk. 3,53,335/- by letter dated 24th April, 1986. Accordingly the Company deposited the entire money and a registered deed of lease dated 19.06.1986 was executed between the parties. The appellant took posse......al Circuit House presided over by the them Minister in charge of the Ministry for Civil Aviation and Tourism on the ground that salami money was not paid within time although appellant did all on his post for payment of salami and the allotment also was issued in violation of Government policy ......e discussions made above, we are of the view that the High Court Division was not justified in discharging the Rule. The appeal is, accordingly, allowed. No order of cost. Ed. ..Category: Property Law | Date: | Hits: 127
Hriday Ranjan Dey & another Vs. Niranjan Dey and others, 2002, 31 CLC (AD)
....ive possession of the suit land. The plaintiffs also purchased some land situated to the western side of Scheduled 1 property from the principal defendants and predecessors of other defendants by a registered kabala on 20.11.1930. The proforma defendant No.8 Ananda after attaining majority affir......he High Court Division are set aside and those of the learned District Judge duly affirming those of the learned Munsif are restored. Ed. This Case is also Reported in: 54 DLR (AD) (2002) 16. ...... and order of the High Court Division are set aside and those of the learned District Judge duly affirming those of the learned Munsif are restored. Ed. This Case is also Reported in: 54 DLR (AD) (2002) 16. ..Category: Procedural Law | Date: | Hits: 112
Moulana Serajul Haque Vs. Md. Saifullah, 2006, 35 CLC (AD)
.... his only son Ramesh Chandra Majumdar became owner and let out the suit land to the plaintiff about 20 years ago and subsequently on 1.9.1976 he sold the suit property to the plaintiff by a registered kabala. The plaintiff possessed the same by running shop thereon. On 10.6.1979, the defen......t Division are hereby set aside and those of the learned District Judge, Chandpur passed in Title Appeal No. 139 1994 and 140 of 1994 are restored. There is no order of costs. Ed. ......t Division are hereby set aside and those of the learned District Judge, Chandpur passed in Title Appeal No. 139 1994 and 140 of 1994 are restored. There is no order of costs. Ed. ..Category: Property Law | Date: | Hits: 175
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