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Golam Moula and others Vs. Gourpada Das and others, 1997, 26 CLC (AD)
.... of the facts and circumstances of the case and the evidence on record, held that the decree in Title Suit No. 59 of 1962 was not binding on the plaintiff as Nimai Chand had taken settlement of the disputed land from Pagal Rishi by virtue of the registered patta Exhibit-1, that the plaintiff had ......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
Bangladesh Vs. Chairman, Court of Settlement and others, 1997, 26 CLC (AD)
.... 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. ......he High Court Division in Writ Petition No. 1436 of 1995, summarily rejecting the writ petition. 2. Respondent Nos. 2-6 filed Case No. 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 pro..Category: Property Law | Date: | Hits: 58
Solaiman (Md) Vs. Sufia A. Alam being dead, her heirs Narjesa Rahamatullah & ors., 1995, 24 CLC (AD)
....he learned Single Judge rightly affirmed the decision of the trial Court and decreed the Suit. The petition is dismissed. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 90. ......he learned Single Judge rightly affirmed the decision of the trial Court and decreed the Suit. The petition is dismissed. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 90. ..Category: Tenancy Law | Date: | Hits: 78
Nurul Huq alias Md. Nurul Hoque Vs. State, 1997, 26 CLC (AD)
....nd justly upheld the judgment of the trial Court. We find no reason to interfere therewith. This petition is therefore dismissed. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 88. ......natures of the Petitioner in Ext.3 series as token of acknowledgment of the money from Nurur Rahman Khan were not examined by any handwriting expert and therefore the High Court Division was wrong in holding that signatures in Ext.3 series were those of petitioner. The learned Counsel further conten..Category: Criminal Law | Date: | Hits: 95
Shahajadpur Central Co-operative Bank Ltd. Vs. Majibur Rahman and others, 1997, 26 CLC (AD)
....record and restored the name of the plaintiff bank in SA khatian No. 118 in respect of entire 0.82 acres of land. Subsequently the defendant tried to evict forcibly the plaintiff’s tenants from the disputed land. Thereafter, defendant No.1 behind the back of the plaintiff on 12-12-83 fraudulently ......lowing leave, is from the judgment and order dated 18-7-94 passed by a Single Bench High Court Division in Civil Revision No. 133 of 1990 (Rangpur)/No. 9469 of 1991 (Dhaka) discharging the Rule and upholding thereby the order dated 7-3-90 passed by the Senior Assistant Judge, Shahajadpur in Other Cl..Category: Property Law | Date: | Hits: 83
Enjaheruddin Mia alias Md. Enjaheruddin Mia Vs. Mohammad Hossain and others, 1998, 27 CLC (AD)
....d by the miscreants during the war of liberation of Bangladesh in 1971. Defendant No. 1 upon taking advantage of such wrong recording in the SA Khatian and with a view to grabbing the property of the disputed jote including the suit land had fraudulently created the deed of gift on 27-4-70 correspon......it. 4. On appeal, Title Appeal No. 52 of 1991 the lower Appellate Court by its judgment and decree dated 25 -9-93 allowed the appeal, reversed the decree of the trial Court and dismissed the suit holding, inter alia, that the plaintiff could not prove their right, title and possession in the sui..Category: Property Law | Date: | Hits: 93
Moulvi Md Khurshid Alam Vs. Bangladesh, 1997, 26 CLC (AD)
....vernment’s powers under section 4 of the Act is concerned. This petition, thus, merits little consideration. It is dismissed. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 82. ......ted themselves in relying upon the principles of law enunciated therein. 7. It appears that even after curtailment of Amjadhat Union from the nikah registration area of the petitioner he has been, holding three Unions, which is the minimum as per clause (c) to sub-rule (1) of Rule 10 of the Rules..Category: Employment/Service Law | Date: | Hits: 137
Advocate Md. Abdul Hamid Vs. Md. Fazlur Rahman, 1998, 27 CLC (AD)
....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. ......ow seeking leave to appeal from the said order of the High Court Division. 8. The learned Counsel for the petitioner first contends that the High Court Division has fallen into an error of law in holding that there has been no non-compliance with the requirements of the provisions of article 50 ..Category: Election Law | Date: | Hits: 168
Aung Shwe Prue Chowdhury Vs. Kyaw Sain Prue Chowdhury and others, 1997, 26 CLC (AD)
....r liberation as a collaborator, that subsequently in 1970 he was elected as Member of Parliament and from 1979-82 he was a Minister of State in the Cabinet of late Ziaur Rahman and, as such, he was a disputed person. It was further stated in the said Summary that the appellant has no support of the ......ight to succession to the said office based on custom and usage has been ignored illegally on the alleged plea of “political administrative consideration.” Lastly the High Court Division erred in holding that “suitability” in the sense of “acceptability to Government” is also a measure o..Category: Civil Law | Date: | Hits: 203
Government of Bangladesh Vs. Paresh Chandra Gharami and others, 1998, 27 CLC (AD)
....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. ......rd owners of the suit land had left this country for India and settled there long before 1965 and accordingly the property has been listed as vested property. 4. The trial Court dismissed the suit holding, inter alia, that the plaintiffs could not prove the basis of taking pattan of the suit land..Category: Property Law | Date: | Hits: 73
Golam Sarwar (Md) & others Vs. Md Liakat Ali and others, 1997, 26 CLC (AD)
....Ahmed, learned Counsel appearing for the defendant petitioners submits that having regard to the case of the plaintiff as well as the defendants the important question is, who is in possession in the disputed land and that on consideration of the evidence on record the trial court dismissed the sui......of the plaintiff as well as the defendants the important question is, who is in possession in the disputed land and that on consideration of the evidence on record the trial court dismissed the suit holding, inter alia, that the plaintiffs could not prove their possession in the suit land but the l..Category: Property Law | Date: | Hits: 74
Abdul Jalil and others Vs. Sharon Laily Begum Jalil, 1997, 26 CLC (AD)
....mmedan Law without adverting to the various contentions raised by the parties holding that “in deciding the question regarding custody of minor children we refrain from making any comment about the disputed question of facts and rival contentions narrated in the petitions affidavit-in-opposition.......s from the impugned judgment that the matters were decided wholly and solely relying only on section 352 of Mulla’s Mohammedan Law without adverting to the various contentions raised by the parties holding that “in deciding the question regarding custody of minor children we refrain from making ..Category: Family Law | Date: | Hits: 250
Hasna Banu & others Vs. Keamat Ullah Malitha and others, 1997, 26 CLC (AD)
....ration and not binding upon the plaintiff. 5. The lower appellate Court as a court of fact disagreed with the findings of the trial Court and found that the plaintiff first came to know about the disputed kabala from her son Keamuddin and as such the date of knowledge of the plaintiff as stated ......ghter-in-law to show that the deed was legally executed and registered with the free will and consent of the plaintiff having free and independent advice. Hence, the learned Single Judge was right in holding that the defendants totally failed to prove that the suit was barred by limitation. In the p..Category: Procedural Law | Date: | Hits: 154
Bangladesh Vs. Shafiuddin and Others, 1997, 26 CLC (AD)
....d. In view of our decision as above the three applications for being added as parties to the appeals are rejected. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 27, 3 BLC (AD) 6. ......as appointed to the then East Pakistan Secretariat Service Class-I on 12-11-70 on the basis of the then East Pakistan Civil Service Combined Competitive Examination, 1969. At the material time he was holding the post of Deputy Secretary. He similarly complained that without promoting him the Council..Category: Constitutional Law | Date: | Hits: 185
Dr. Waliar Rahman Vs. Bangladesh and others, 1997, 26 CLC (AD)
....ly prayer that the writ-petitioner can make now is to pray for an early hearing of the writ petition. The petition is dismissed. Ed. This Case is also Reported in: 50 DLR (AD)(1998) 26. ...... and 24-2-97 referred some papers showing that the writ-petition functioning as the Chairman of the Union Parishad even in February, 1997 and as such the High Court Division, he submits, was wrong in holding that the petitioner had obtained the stay order upon suppression of facts. 5. It is not ..Category: Others | Date: | Hits: 112
Islam Steel Mills Ltd. Vs. Nirman International Ltd. and others, 1998, 27 CLC (AD)
....ed, the Court should be very circumspect in allowing such prayer and must decide the matter on the strength of the facts of each case. In their petition before the High Court Division, the defendants disputed the claim of the plaintiffs as to alleged admitted liability. The High Court Division has c......urther referring to the decisions Md. Iman Ali vs. Mir Abdus Salam, 1988 BCR (AD) 125, Khurshid Anwar vs. Jamil Akhter, 1986 BLD (AD)83 and some others submitted that the High Division was wrong in holding that there was no valid service of notice upon the defendants. He submitted that the declara..Category: Procedural Law | Date: | Hits: 134
Bangladesh Bar Council Vs. Khawja Abdul Gani and another, 1997, 26 CLC (AD)
....ill be filed through Advocate Mr. Goswarni; that respondent No. 1, however, fraudulently through a new Advocate whom the complainant did never engage, filed a so-called Solenama admitting gift of the disputed land in favour of the son of respondent No. 1; that the complainant then filed an applicati......ent case, although offence of this nature is not compoundable. Consequently, the appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: 50 DLR (AD)(1998) 18. ..Category: Others | Date: | Hits: 105
Mansur Ali Sikder Vs. Kanailal Banaajee & others, 1997, 26 CLC (AD)
....’ to the plaint which originally belonged to Kunja Lal Shaha. The plaintiff contends that Kunja Lal died leaving surviving three sons Ranajit, Sunil and Benoy, that Benoy being in possession of the disputed structure leased out the same to him at a monthly rental of Taka 300.00 and that he subsequ......committed any error of law leading to a failure of justice. No interference is therefore called for. The petition is dismissed. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 14. ..Category: Property Law | Date: | Hits: 82
Al-Haj Abul Basher Vs. Bangladesh and others, 1997, 49 CLC (AD)
....he land of the petitioners. 3. The common case of respondent Nos. 2-4 is that in pursuance of LA Case No. 138/62-63 possession had already been taken of the entire requisitioned land including the disputed land of the petitioners by the CDA. 5.79 acres of the petitioners land is separate and not ......same cannot be said to be arbitrary, unfair and illegal. For the reasons stated above, the petition is dismissed. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 11, 1997 BLD (AD) 321. ..Category: Property Law | Date: | Hits: 81
Azizur Rahman alias Md. Azizur Rahman Vs. Bangladesh, 1997, 26 CLC (AD)
....beginning of this judgment to be in the positive, namely, that there is jurisdiction to interfere, the appeals arc dismissed. No costs. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 8. ......beginning of this judgment to be in the positive, namely, that there is jurisdiction to interfere, the appeals arc dismissed. No costs. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 8. ..Category: Procedural Law | Date: | Hits: 138
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