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Md. Mosharraf Hossain Vs. Daulat Ahmed and ors., 2002, 31 CLC (AD)
....der two different Pourashavas and the character of the land is also different one being a portion of the pond while the other is a bite land by the side of a canal and from being chunk of land possession of a small fraction was allegedly hand over without there being any actual measurem......led under section 96 of the State Acquisition and Tenancy Act, 1950. 2. Pre-emptor respondents No.1-3 filed Miscellaneous case No. 1 of 1992 seeking preemption of 2½ decimals of land transferred to the pre-emptee appellant by the respondent No.4 by the kabala executed on 21.11......ected. There is no order as to costs. Ed. This Case is also Reported in: 1 ADC (2004) 445. ......ous case respectively) asserting in the written objection amongst others that the transaction was an exchange and not a sale. 4. In the background of the contentions of the respective party question came up fro consideration whether transaction between the pre-emptee appellant and th..Category: Property Law | Date: | Hits: 44
Mujibul Haque Vs. Lokman Mia, 2002, 31 CLC (AD)
....overnment never took possession of the acquired lands and he purchased the suit land from the admitted owner by three registered kabalas dated 24.3.74 and 24. 12.77. Since then he has been in possession of the suit land and the Government was now contemplating to lease out the same inc......shy;ing the Rule absolute. 2. The review petitioner as plaintiff filed Title Suit No. 176 of 1984 in the Court of Upazila Munsif, Begumganj for declaration of his title to .19 acres of suit land with prayer for injunction restraining the Government from leasing out .08 acres of his share ......herefore dismissed. Ed. This Case is also Reported in: 1 ADC (2004) 431. ......third case with completely now facts which cannot be considered and decided in review. The petition is therefore dismissed. Ed. This Case is also Reported in: 1 ADC (2004) 431. ..Category: Property Law | Date: | Hits: 20
Mir Kalimuddin Vs. Mohammad Dhukhi Mondal and others, 2004, 33 CLC (AD)
.... the High Court Division in Second Appeal No. 205 of 1979 allowing the same. 2. Plaintiff-Respondent filed suit, Title Suit No. 151 of 1967, seeking declaration of title and confirmation of possession in respect of the land measuring 3.75 acres which he acquired in exchange of his propert......econd Appeal No. 205 of 1979 allowing the same. 2. Plaintiff-Respondent filed suit, Title Suit No. 151 of 1967, seeking declaration of title and confirmation of possession in respect of the land measuring 3.75 acres which he acquired in exchange of his property in India. It was the case ......review petition is dismissed. Ed. This Case is also Reported in: 1 ADC (2004) 413. ...... that view of the matter we find no substance in the petition. Accordingly the review petition is dismissed. Ed. This Case is also Reported in: 1 ADC (2004) 413. ..Category: Property Law | Date: | Hits: 29
Md. Abdul Mazid Vs. Secretary, Ministry of Energy and Mineral Resources, BD, 2002, 31 CLC (AD)
....dgment and order dated 20.5.1998 passed by the High Court Division in Writ-Petition Nos. 4646 and 4648 of 1997 are set aside. Ed. This Case is also Reported in: 1 ADC (2004) 409. ......dgment and order dated 20.5.1998 passed by the High Court Division in Writ-Petition Nos. 4646 and 4648 of 1997 are set aside. Ed. This Case is also Reported in: 1 ADC (2004) 409. ...... and 4648 of 1997 are set aside. Ed. This Case is also Reported in: 1 ADC (2004) 409. ......bsp; Md. Fazlul Haque J. - These two appeals being Civil Appeal Nos. 320 and 321 of 2001 are directed against the self-same judgment and order dated 20-5-1998. Since common question of facts and law are involved in both the appeals, these are disposed of by this judgment...Category: Employment/Service Law | Date: | Hits: 89
Janata Bank Vs. Abdus Salam, 2003, 32 CLC (AD)
....propriation or conversion or for compensation for wrongfully taking or detaining the same. Three years When the person having the right to the possession of the property first learns in whose possession it is. 11. Mr. R. Hu......udgment and decree dated 4.9.94 passed by the High Court Division in F. A. No. 68 of 1988 is hereby set aside and the suit is dismissed. Ed. This Case is also Reported in: 1 ADC (2004) 406. ....... 68 of 1988 is hereby set aside and the suit is dismissed. Ed. This Case is also Reported in: 1 ADC (2004) 406. ...... "Mr. Rafique-ul-Huq, The learned Advocate appearing for the defendant bank petitioner submits that the plaintiff is not entitled to any decree as claimed by him without first clearing the goods in question or at least without first offering the outstanding dues against the LIM accounts and the Hi..Category: Civil Law | Date: | Hits: 79
Khondoker Mobarak Ali Vs. Jahanara Begum and others, 2003, 32 CLC (AD)
....ra Pal as plaintiff filed Title Suit No. 396 of 1975 in the 1st Court of Munsif, Bagerhat against the respondent No. 1 for declaration of title to the suit land along with huts thereon and for khas possession thereof. 3. The Case of the plaintiff, in short, is that 30 decimals of land......smissing the Suit. 2. Rakhal Chandra Pal as plaintiff filed Title Suit No. 396 of 1975 in the 1st Court of Munsif, Bagerhat against the respondent No. 1 for declaration of title to the suit land along with huts thereon and for khas possession thereof. 3. The Case of the plaint......uit has rightly been dismissed. Ed. This Case is also Reported in: 1 ADC (2004) 401. ......that the said deed is not a false one and that Gobinda Bairagi died leaving a son, Bishweshar Bairagi, who subsequently sold the suit land to the principal defendant No. 1 by the said sale deed in question dated 18.10.1997. The trial Court dismissed the suit. But in appeal the lower appellate Co..Category: Property Law | Date: | Hits: 26
Kanai Lal Roy Vs. Roy Swaraswati and ors, 2002, 31 CLC (AD)
....o the concerned party to produce the will itself in question and prove it by adducing evidence. No order as to costs. Ed. This Case is also Reported in: 1 ADC (2004) 399. ......o the concerned party to produce the will itself in question and prove it by adducing evidence. No order as to costs. Ed. This Case is also Reported in: 1 ADC (2004) 399. ......ce. No order as to costs. Ed. This Case is also Reported in: 1 ADC (2004) 399. ......he probate case, however, is sent back to the original court, for hearing the same afresh in accordance with law by giving opportunity to the concerned party to produce the will itself in question and prove it by adducing evidence. No order as to costs. Ed. This C..Category: Civil Law | Date: | Hits: 114
Sonali Bank Vs. Md. Sirajul Hoque Chowdhury and others, 2004, 33 CLC (AD)
.... 4 as the defendants along with others. Accordingly the appeal is dismissed. There is no order as to costs. Ed. This Case is also Reported in: 1 ADC (2004) 394. ...... 4 as the defendants along with others. Accordingly the appeal is dismissed. There is no order as to costs. Ed. This Case is also Reported in: 1 ADC (2004) 394. ...... There is no order as to costs. Ed. This Case is also Reported in: 1 ADC (2004) 394. ......The High Court division summarily rejected the revisional application. 7. Leave was granted to consider the submissions that liability of the defendant Nos.3 and 4 for the loan in question has been clearly made out in paragraphs 4 and 5 of the plain, but the High Court Division ..Category: Civil Law | Date: | Hits: 121
Shanti Ranjan Das Vs. Khalilur Rahman Bhuiyan & others, 2002, 31 CLC (AD)
.... any knowledge of the alleged bainapatra in favour of the plaintiff. The High Court division also held that both the trial court and the appellate court have concurrently found the plaintiff's possession in the suit land but such possession will not be of any help to the plaintiff in getting...... of 1984 praying for a decree for specific performance of contract stating, inter alia, that one Suresh Chandra Sen (now deceased), the predecessor of respondent No. 3 who was the owner of the suit land entered into a contract with the plaintiff for sale of the suit land at a total consideration ......he appeal is dismissed with cost. Ed. This Case is also Reported in: 1 ADC (2004) 387. ......9.08.1980 have been made subsequently by different ink and hand in the place meant for writing the date of execution of the document which is visible with open eyes and this makes the bainapatra in question doubtful and the High Court Division correctly found that the bainapatra is not a genuine..Category: Property Law | Date: | Hits: 31
Tariqul Islam Vs. State, 2002, 31 CLC (AD)
....gally sustained. For the above reasons, we fined substances in both the appeals and accordingly both the appeals are allowed. Ed. This Case is also Reported in: 1 ADC (2004) 351. ......gally sustained. For the above reasons, we fined substances in both the appeals and accordingly both the appeals are allowed. Ed. This Case is also Reported in: 1 ADC (2004) 351. ......bstances in both the appeals and accordingly both the appeals are allowed. Ed. This Case is also Reported in: 1 ADC (2004) 351. ...... August, 2001 in Criminal Petition for leave to appeal Nos. 108 of 2001 and 111 of 2001 in Criminal Petition for leave to appeal Nos. 108 of 2001 and 111 of 2001 have been heard together as common question of law and facts are involved and there in the parties are also same and as such this sing..Category: Criminal Law | Date: | Hits: 47
Sheikh Ahmed Showdagar and others Vs. Mostafizur Rahman and another, 2002, 31 CLC (AD)
....ted July 25, 1989 of the Court of Subordinate Judge, Patiya, Chittagong, in other suit No. 29 of 1986 decreeing the same. The plaintiffs filed the suit seeking declaration of title, confirmation of possession and further relief of permanent injection in respect of 8 kanis, 10 gandas and 2 karas ......decreeing the same. The plaintiffs filed the suit seeking declaration of title, confirmation of possession and further relief of permanent injection in respect of 8 kanis, 10 gandas and 2 karas of land described in the schedule attached to the plaint. The plaintiffs claimed the said land by purc...... without any order as to costs. Ed. This Case is also Reported in: 1 ADC (2004) 326. ...... gandas 2 karas appertains to which particular plots and that are within which particular boundaries. In such situation contortion raising which plaintiffs sought to appeal against the judgment in question and leave was obtained it can not be considered to entitle them to have a decree as regard..Category: Property Law | Date: | Hits: 24
Khursheda Jahan Vs. Syada Shafinaz Jahan and others, 2002, 31 CLC (AD)
....f the aforesaid case was served upon them. They came to know about the agreement, suit and sale of the disputed land on 29.3.1983 for the first time and the pre-emptee appellant in the meantime got possession of the land and structure from Syed Amzad Hossain, the attorney holder. The pre em......ondents are the daughters of Syed Siddique Hossain who never executed any power of attorney. On 4.7.1974 the said attorney executed and registered a deed of agreement to sell the disputed land of the kabala in favour of the pre-emptee appellant, subsequently, when the attorney fail......wed without any order as to costs. Ed. This Case is also Reported in: 1 ADC (2004) 310. ......uted in favour of the pre-emptee appellants. In view of the above, the appeal is allowed without any order as to costs. Ed. This Case is also Reported in: 1 ADC (2004) 310. ..Category: Property Law | Date: | Hits: 28
Abdur Rahim Chowdhury @ Jashim Vs. State, 2003, 32 CLC (AD)
....e High Court Division. In such view of the matter, this jail petition merits no consideration and accordingly it is dismissed. Ed. This Case is also Reported in: 1 ADC (2004) 304. ......g with his father (deceased) after coming from abroad. He went abroad two or three times but came back at short interval. Thereafter, the accused started demanding money from his father by selling land for going abroad again and for non compliance he created pressure on his father and had b......etition merits no consideration and accordingly it is dismissed. Ed. This Case is also Reported in: 1 ADC (2004) 304. ......e High Court Division. In such view of the matter, this jail petition merits no consideration and accordingly it is dismissed. Ed. This Case is also Reported in: 1 ADC (2004) 304. ..Category: Criminal Law | Date: | Hits: 55
Alaluddin Vs. State, 2003, 32 CLC (AD)
....he High Court Division. The Jail petition No.13 of 2003 and criminal Misc. petition No. 46 of 2003 are accordingly dismissed. Ed. This Case is also Reported in: 1 ADC (2004) 299. ......he High Court Division. The Jail petition No.13 of 2003 and criminal Misc. petition No. 46 of 2003 are accordingly dismissed. Ed. This Case is also Reported in: 1 ADC (2004) 299. ......Misc. petition No. 46 of 2003 are accordingly dismissed. Ed. This Case is also Reported in: 1 ADC (2004) 299. ......initiating the instant proceeding and regarding the delay in lodging the FIR, the High Court Division also explained the decision reported in 15 BLD (HCD) 205 and held that in the instant case, the question of delay in lodging First Information Report has been duly explained and as such the princ..Category: Criminal Law | Date: | Hits: 36
Md. Shah Alam Vs. Md. Islam and others, 2004, 33 CLC (AD)
....those would be required for effecting the compromise and later on she was also told that a compromise had been effected on the terms that the respondent No.1 would admit her ownership and khas possession on the properties of the Suit and that she would give some land to respondent No.1 as sh......as also told that a compromise had been effected on the terms that the respondent No.1 would admit her ownership and khas possession on the properties of the Suit and that she would give some land to respondent No.1 as she thought fit later on it transpired that a compromise decree was......hout any order as to costs. Ed. This Case is also Reported in: 1 ADC (2004) 294. ......laintiff late Fatema Khatun was accompanied by the appellant, her second son, who attested her left thumb impression and at that time brother of late Fatema Khatun was also present and as such the question of practicing fraud on late Fatema Khatun by the respondent No.1 did not arise in vie..Category: Procedural Law | Date: | Hits: 87
Khurshid Alam and other Vs. Azizur Rahman and others, 2004, 33 CLC (AD)
....n 17.09.1984 which has been overlooked by the High Court division and further submission that the charge sheet itself discloses that the papers which were seized as alamats were recovered from the possession of respondent No. 1 and as such the High Court Division misread the charge sheet and the......d. The judgment and order passed by the High Court Division in Criminal Revision Nos. 88, 89 & 90 of 1987 are hereby set aside. Ed. This Case is also Reported in: 1 ADC (2004) 277. ......inal Revision Nos. 88, 89 & 90 of 1987 are hereby set aside. Ed. This Case is also Reported in: 1 ADC (2004) 277. ...... of a private Limited Company registered under the companies Act, 1913 is a public servant with in the meaning of Section 2 (b) of the Criminal Law Amendment Act, 1958. 7. The Pertinent question for consideration in this matter is whether the Managing Director or an employee of a priv..Category: Criminal Law | Date: | Hits: 40
Nizam Uddin Mahmood Vs. Abdul Hamid Bhuiyan and another, 2004, 33 CLC (AD)
....ustainable. In this view of the matter we do not find substance in this appeals and the appeal is accordingly dismissed. Ed. This Case is also Reported in: 1 ADC (2004) 273. ......ustainable. In this view of the matter we do not find substance in this appeals and the appeal is accordingly dismissed. Ed. This Case is also Reported in: 1 ADC (2004) 273. ...... find substance in this appeals and the appeal is accordingly dismissed. Ed. This Case is also Reported in: 1 ADC (2004) 273. ......mits that a cheques can be presented on more than one occasions for encashment, with in 6 months from the date of its issuance and the complainant was, therefore entitled to present the cheques in question as many times as thought necessary with in the aforesaid period of 6 months and by serving..Category: Business or Commercial Law | Date: | Hits: 138
Tafazzal Hossain Shajahan Vs. State, 2003, 32 CLC (AD)
....n upon placing reliance on the evidence on record, particularly on the evidence of P.W.1, informant who along with the police personnel went to the Hotel and recovered the arms and ammunitions from possession of the appellant and another and P.W.3 police personnel attached to the Detective Branch...... reducing the sentence to the period already under gone. The appellant be set at liberty if not wanted in any other connection. Ed. This Case is also Reported in: 1 ADC (2004) 268. ...... at liberty if not wanted in any other connection. Ed. This Case is also Reported in: 1 ADC (2004) 268. ......stances of the case, sentence awarded i.e. imprisonment for life, is to severe. 6. At the time of hearing of the appeal, the learned Counsel for the appellant has made his submissions on the question of severity of sentence. 7. It is the prosecution case that 3 live cartri..Category: Criminal Law | Date: | Hits: 41
Additional Deputy Commissioner (Rev) Dhaka & others Vs. Mst. Farhad Begum & ors, 2004, 33 CLC (AD)
.... death the same devolved upon his heirs whose names appeared in the S. A records; the heirs of Yad Ali at different time transferred different quantum of land to various persons and delivered possession there of to them; Safar Ali purchased the suit land from the heirs of C. S. and S. ......le Suit No. 148 of 1992 dismissing the suit. 2. The respondent Nos.1 to 9, filed the above Title Suit No.148 of 1992 seeking declaration of title Simpliciter in respect of the suit land stating, inter alia, that the suit land is part of C.S. /S.A Plot No.1497 the above plot com&s......t aside and the suit is dismissed. Ed. This Case is also Reported in: 1 ADC (2004) 256. ......aving the plaintiffs as his heirs the plaintiffs had been possessing the suit land by erecting huts there on through their own men suit land never belonged to any non Bengali and therefore the question of the suit land being abandoned property does not arise some people having gree..Category: Property Law | Date: | Hits: 29
Md. Golam Rasul Vs. Chan Mohammad, 2003, 32 CLC (AD)
....ating that 45 decimals of land described in 'ka' schedule which comprises also the land of 'kha' schedule belonged to Yakub Ali and he sold the same to his son Ishaque on May 12, 1977 who while in possession of the land of 'ka' schedule sold the same to the plaintiff on December 1, 1977. Plainti...... Assistant Judge, Sadar, Nature, in other Class Suit No.112 of 1979 dismissing the same. The Suit was filed seeking declaration of title in and recovery of possession of 41/2 decimals of land, shown in the sketch map attached to the plaint, part of 22 decimals of land of the 'kha' sche...... There is no order as to costs. Ed. This Case is also Reported in: 1 ADC (2004) 219. ...... Division is set aside and the judgment and decree of the appellate court is restored. There is no order as to costs. Ed. This Case is also Reported in: 1 ADC (2004) 219. ..Category: Property Law | Date: | Hits: 46
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