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Mustaque Alam Chy & anr Vs. Court of Joint District & 2nd Artha Rin Adalat, Dhk, 2006, 35 CLC (AD)
....el for the petitioners to interfere with the impugned judgment of the High Court Division. The petition is dismissed. Ed. This Case is also Reported in: IV ADC (2007) 906. ......ragraph No. 5 of the written objection, that the application of the petitioner Nos. 1 and 2 was misconceived inasmuch the Investment and the Guarantee Agreement were governed by the laws of England. It is stated that the respondent No. 2 did not make the allegation that the laws of Eng......sed. Ed. This Case is also Reported in: IV ADC (2007) 906. ...... Mr. Ajmalul Hossain QC, the learned Counsel appearing for the petitioners submitted that the High Court Division failed to appreciate that when the parties agreed that the Investment Agreement in question "shall be governed by and construed in accordance with the law of England", they..Category: Civil Law | Date: | Hits: 96
Bangladesh Vs. Miss Nasima Khatoon and others, 2005, 34 CLC (AD)
....tion compelled the writ petitioners' mother to keep the premises in question under lock and key and some unauthorised occupants claiming the premises in question as an abandoned property took possession thereof. The writ petitioners' mother applied to the prescribed authority, the S.D.O., S...... and 22.09.1984 respectively at Dhaka while they were permanent residents and nationals of Bangladesh. The premises in dispute originally belonged to Shamsuddin Ahmed consisting of 144 sq. yds. of land which was given on lease to him for a period of 99 years and on which he built one room. In co...... Ed. This Case is also Reported in: IV ADC (2007) 901. ......um to the Government. He entered into an agreement for sale of the said property on 01.11.1963 with the writ petitioners' mother Most. Badrunnessa and subsequently transferred the premises in question to her by a registered deed dated 14.11.1963. Their mother was possessing the property thr..Category: Property Law | Date: | Hits: 22
Abdul Jalil Munshi & another Vs. Abu Bakr Siddique, 1976, 5 CLC (AD)
....espondent has instituted a suit against the appellants for a permanent injunction for restraining them from blocking an alleged passage, described in Schedule B to the plaint, and from disturbing his possession in respect thereof on the allegations, inter alia, that the purchased 1½ katha of lands ......ing them from blocking an alleged passage, described in Schedule B to the plaint, and from disturbing his possession in respect thereof on the allegations, inter alia, that the purchased 1½ katha of lands in mouza Dhanmandi, as described in Schedule A to the plaint, by a registered sale deed dated ...... of the injunction matter by the learned Munsif. Ed. This Case is also Reported in: 35 DLR (1983) (AD) 42. ......ell settled that, apart from the provisions of Order 39 a Civil Court has power to issue a temporary injunction in the exercise of its inherent jurisdiction. The Dacca High Court had to consider this question first in the case of National Bank of India Ltd. Vs. Yakub Mia of Yakub Stores, reported in..Category: Property Law | Date: | Hits: 31
Amal Krishna Chakrabarty Vs. Sekendar Mallik , 2006, 35 CLC (AD)
....landa, Faridpur in Title Suit No.120 of 1971 decreeing the same in full and thereby declared the title of the plaintiffs in the land in suit and also allowed the relief seeking confirmation of possession. 2. The trial Court further restrained the defendants permanently from entering i...... 185 of 1976 allowing the appeal in part upon reversing the judgment and decree dated August 27, 1976 of the Additional Court of Munsif (now Assistant Judge) (in charge of 1st Court of Munsif), Goalanda, Faridpur in Title Suit No.120 of 1971 decreeing the same in full and thereby declared the ti......is dismissed. Ed This Case is also Reported in: V ADC (2008) 61. ......h Court Division) on the point of possession of the plaintiffs the High Court Division considered the evidence of the witnesses examined by the plaintiffs and also the evidence of the D.Ws. on the question of possession and thereupon held that the plaintiffs are in possession of the land in suit..Category: Property Law | Date: | Hits: 21
Billal Hossain and others Vs. Mofizur Rahman and others, 2006, 35 CLC (AD)
....o sons, Wahid Ali and Rawsan Ali; Wahid Ali transferred 34 ½ decimals of land in favour of Alimuddin from plot No. 2719 by two registered kabalas dated 10.01.1959 and 31.12.56 and made over possession thereof to him; Rawshan Ali sold 12 ½ decimals of land from plot No. 2719 to......learned Senior Assistant Judge, Chandina, Comilla in Title Suit No. 28 of 1999 dismissing the suit. 2. The plaintiffs instituted the above suit seeking declaration of their title in the suit land on the averments that the suit land, together with the other lands of CS. Khatian No. 258, or......is dismissed. Ed. This Case is also Reported in: V ADC (2008) 54. ......rived at a correct decision and there is no cogent reason to interfere with the side decision. The petition is dismissed. Ed. This Case is also Reported in: V ADC (2008) 54. ..Category: Property Law | Date: | Hits: 19
Shahidul Hoq @ Md. Shahidul Hoq Vs. Bangladesh, 2006, 35 CLC (AD)
....Md. Shahidul Hoq, the defendant No.2 petitioner, by a registered sale deed and thus the defendant No. 2/ petitioner became the owner and possessor of the suit property and none else was/is in possession of the same on behalf of the respondent. The learned Senior Assistant Judge, Comilla aft...... The respondent instituted the above Title Suit No. 121 of 1990 praying for declaration that the plaintiff i.e. the Government of the People's Republic of Bangladesh, is the owner of the suit land and that the ex parte decree dated 4.3.1975 passed by the learned Munsif (now Assistant Judge)......is dismissed. Ed. This Case is also Reported in: V ADC (2008) 51. ......rived at a correct decision and there is no cogent reason to interfere with the said decision. The petition is dismissed. Ed. This Case is also Reported in: V ADC (2008) 51. ..Category: Property Law | Date: | Hits: 27
Mvi. Md. Shafiqur Rahman and another Vs. Ambia Khatoon and others, 2007, 36 CLC (AD)
....ny illegality or infirmity in the decision of the High Court Division so as to call for any interference. The petition is dismissed. This Case is also Reported in: V ADC (2008) 49. ......r of the respondent Nos. 1-7, filed the above Miscellaneous Case No. 5 of 1998 (Pre-emption) under section 96 of State Acquisition and Tenancy Act 1950 praying for pre-emption of the case land on the averments that he having purchased .19 acres of land became co-sharer by purchase......tion is dismissed. This Case is also Reported in: V ADC (2008) 49. ......ny illegality or infirmity in the decision of the High Court Division so as to call for any interference. The petition is dismissed. This Case is also Reported in: V ADC (2008) 49. ..Category: Property Law | Date: | Hits: 26
Bijoy Kumar Sarbabidya Vs. Government of Bangladesh & others, 2006, 35 CLC (AD)
.... suit for declaration of title under section 53A of Transfer of Property Act as made by (plaintiff) is not maintainable and no case has also be made out for the claim of title on the basis of adverse possession. 5. We have heard the learned counsel for the petitioner and perused the judgment of t......, First Court, Chittagong in Other Suit No.39 of 1974 decreeing the suit. 2. Bijoy Kumar Sarbabidya, the predecessor of the petitioners, filed the above suit for declaration of title in the suit land on the averments, inter alia, that Surendra Chandra Ghosal, father of the defendant No. 3 and D......ion so as to call for interference. The petition is dismissed. Ed. This Case is also Reported in: V ADC (2008) 44. ......e possession of the plaintiff in the suit land is permissive and if possession is found to be permissive at its inception the possessor cannot claim adversely to the grantor of the possession and the question of adverse possession does not arise where there has been no refusal on the part of the pro..Category: Property Law | Date: | Hits: 39
Chairman, Raisree (North) Union Parishad & anr Vs. Abdul Khaleque & anr., 2006, 35 CLC (AD)
.... the suit. 2. The respondent Nos. 1 and 2, as plaintiffs, instituted the above Title Suit No. 4 of 1989 praying for permanent injunction contending, inter alia, that they are owners in possession of the suit land by way of inheritance as well as by purchase and the previous and prese......e respondent Nos. 1 and 2, as plaintiffs, instituted the above Title Suit No. 4 of 1989 praying for permanent injunction contending, inter alia, that they are owners in possession of the suit land by way of inheritance as well as by purchase and the previous and present khatians were cor&s...... The petition is dismissed. Ed. This Case is also Reported in: V ADC (2008) 40. ......89 praying for local inspection admitted that on 12.5.89, which is two and a half months before the institution of the suit, the road was constructed; admittedly the road in question is an old one and it is the reconstruction of the public road to connect villages th..Category: Property Law | Date: | Hits: 37
Atiqullah alias Atik Vs. Mohammad Safiquddin, 2006, 35 CLC (AD)
.... Chaitan Sheikh) and possessing the same. It is the contention of the plaintiff that defendant No.1 claiming to have purchased land from the heirs of Chaitan Sheikh having had tried to disturb his possession, he is constrained to file the suit seeking the relief of a decree for permanent injunc&...... 31, 1992 of the 3rd Court of Munsif (now Assistant Judge) Dhaka in Title Suit No. 577 of 1980 decreeing the same and thereby restraining defendants permanently from entering into the 'B' schedule land or to dispossess the plaintiff therefrom or to interfere with the possession of the plain......ingly the petition is dismissed. Ed. This Case is also Reported in: V ADC (2008) 36. ......le. 7. As against the aforesaid contention of the petitioners it was contended on behalf of the opposite party No.1 that the suit as framed was not maintainable since complicated question of title was involved and as such appellate court was quite correct in dismissing the suit..Category: Property Law | Date: | Hits: 26
Shushil Chandra Nath Vs. Shanjib Kanti Nath and another, 2007, 36 CLC (AD)
....n favour of the defendant No. 1, that the deed of gift as claimed by the defendants is forged, fraudulent and fabricated and that the alleged deed of gift has created cloud on the right, title and possession of the plaintiff, that plaintiff became aware of the deed of gift on August 17, 197...... the deed of gift executed on January 14, 1973 and registered on April 18, 1973 illegal, void, fabricated, collusive and inoperative. 2. The suit was filed stating, inter alia, that the land measuring 41 decimals shown in the 1st schedule attached to the plaint belonged to Mohendra K......t all stages. Ed. This Case is also Reported in: V ADC (2008) 21. ......record in its entirety evidence lead from the plaintiffs side appears to be more reliable and the witnesses examined by the plaintiff appears to be more competent than that of the defendant on the question of possession as well as to the genuineness of the deed of gift, that defendant No.1 has n..Category: Property Law | Date: | Hits: 46
Bangladesh Vs. Mostafizur Rahman, 2007, 36 CLC (AD)
....udgment of this court. The appeal has no substance and should be dismissed. Hence the appeal is dismissed without any order as to cost. Ed. This Case is also Reported in: V ADC (2008) 12. ......udgment of this court. The appeal has no substance and should be dismissed. Hence the appeal is dismissed without any order as to cost. Ed. This Case is also Reported in: V ADC (2008) 12. ......ed. Hence the appeal is dismissed without any order as to cost. Ed. This Case is also Reported in: V ADC (2008) 12. ...... Governor General, Pakistan reported in 7 DLR (FC) 395. 11. Lastly the learned Additional Attorney General contended that there being grave situation prevailing in the country during the period in question the Government was obliged to issue the order of detention and it being an order made by th..Category: Procedural Law | Date: | Hits: 107
State Vs. Md. Rafique Ahmed, 2007, 36 CLC (AD)
....he learned Deputy Attorney General for the petitioner merit no consideration. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: V ADC (2008) 178. ......he learned Deputy Attorney General for the petitioner merit no consideration. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: V ADC (2008) 178. ...... Accordingly, the petition is dismissed. Ed. This Case is also Reported in: V ADC (2008) 178. ......as suggested by the inquiry committee is in no way justify that the offence alleged was not committed by the respondent. 4. It appears that the respondent was not in charge of cash in question, but he had a duty to check the illegalities/irregularities, if any, committed by the Cash..Category: Criminal Law | Date: | Hits: 62
State Vs. Abdus Sattar and others, 2007, 36 CLC (AD)
.... other alternative but to dismiss the same and accordingly, this petition for leave to appeal is dismissed. Ed. This Case is also Reported in: V ADC (2008) 158; (XVI) BLT (AD) 30. ...... other alternative but to dismiss the same and accordingly, this petition for leave to appeal is dismissed. Ed. This Case is also Reported in: V ADC (2008) 158; (XVI) BLT (AD) 30. ......eave to appeal is dismissed. Ed. This Case is also Reported in: V ADC (2008) 158; (XVI) BLT (AD) 30. ......ion of the evidence on record arrived at a conclusion that the trial Court failed to sift the evidence on record and arrived at an erroneous conclusion and thereupon rejected the death reference in question and allowed the criminal appeal and jail appeal. 13. Being aggrieved and dissatisfi..Category: Criminal Law | Date: | Hits: 44
Most. Rashida Khatun Vs. Sakina Begum and others, 2007, 36 CLC (AD)
....uddin Khalifa sold the said suit plots along with other lands to one Siddique Ahmed Chowdhury by a registered kabala dated 22.05.1904 vide Exhibit-3 and that Siddique Ahmed Chowdhury obtained possession and possessed for 7 years and then sold to Sarfunnessa by a registered kabala dated......er Suit No.55 of 1972 in the Court of the then Munsif at North Raozan, Chittagong against the respondents praying for declaration of title and recovery of khas possession of 'Ka' schedule land and also for declaration of title and confirmation of possession in the 'Kha' schedu......s Case is also Reported in: V ADC (2008) 140. ...... appeal. Accordingly, the appeal is allowed in part and dismissed with regard to Plot No. 4833 without any order as to costs. Ed. This Case is also Reported in: V ADC (2008) 140. ..Category: Property Law | Date: | Hits: 24
Atik Ullah & another Vs. Bangladesh, 2006, 35 CLC (AD)
....ed to get 10% interest per annum on the above mentioned amount. Accordingly, the review petitions are dismissed. Ed. This Case is also Reported in: V ADC (2008) 138. ......e provisions of the Acquisition and Requisition of Immovable Property Ordinance, 1982 (Ordinance No.11 of 1982) (shortly the Ordinance) in Land Acquisition Case No. 12 of 1987-88 acquired the case land of the petitioner on 18.03.1989. Accordingly on 28.03.1989 notifications were issued and compe......;missed. Ed. This Case is also Reported in: V ADC (2008) 138. ......ed to get 10% interest per annum on the above mentioned amount. Accordingly, the review petitions are dismissed. Ed. This Case is also Reported in: V ADC (2008) 138. ..Category: Alternative Dispute Resolution | Date: | Hits: 207
Swapan Roy and others Vs. Shashadhar Roy and others, 2006, 35 CLC (AD)
....entire 13.73 acres of land was recorded in the name of Pashupati Mukhapadhaya in S.A. Khatian. The plaintiffs have possessed the suit land for more than 12 years and the defendants had no possession over the same. One Mobinul Hague, defendant No. 7 fraudulently transferred his share of ......ng the Rule. 2. The plaintiffs instituted Title Suit No.10 of 1991 in the Court of Assistant Judge, Khulna for partition of ejmali property and for separate saham in respect of 3.23 acres of land stating, inter alia, that an area of 13.73 acres of land recorded in C.S. Khatian No. 2...... Ed. This Case is also Reported in: V ADC (2008) 136. ......oint out any legal infirmity in the judgment of the High Court Division. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: V ADC (2008) 136. ..Category: Property Law | Date: | Hits: 23
Rahmat Ali Vs. Md. Abdul Gani and others, 2007, 36 CLC (AD)
....acres of land of schedule 'Ka' along with other land by way of a registered deed of gift dated 22.01.1935 and subsequently made under gift of the remaining portion of the suit land and handed over possession to him. Rahmat Ali as rightful owner possesses 4.70 acres of land of the 'Ka' schedule S......ed Other Class Suit No. 1186 of 1987 in the Court of the Senior Assistant Judge, Sadar, Pabna against the petitioners and others praying for a decree for partition to the extent of 3.062/3 acres of land in ''Ka'' schedule out of 4.60 acres of land, 851/2 acres of land in "Kha" schedule ......se is also Reported in: V ADC (2008) 131. ......the submissions of the learned Advocate for the petitioners. The petition for Leave to Appeal is accordingly dismissed. Ed. This Case is also Reported in: V ADC (2008) 131. ..Category: Property Law | Date: | Hits: 26
Faiz Ahmed Chowdhury Vs. Alhaj Shamsul Huda Chowdhury and others, 2007, 36 CLC (AD)
....dant Nos. 1-25 became owner of that land as his heirs; that during his life time Ochi Miah also let out the house situated thereon to the defendant Nos. 26-29 and accordingly they are in possession as tenants under the said heirs of Ochi Miah; that the plaintiff is owner of 2 ½&......Chittagong in partition Suit No.58 of 1991 rejecting the application of the petitioners under Section 151 of the Code of Civil Procedure for according permission to make house/construction the suit land possessed by them. 2. The petitioner as plaintiff filed Partition Suit No.67 of 1......y;missed. Ed. This Case is also Reported in: V ADC (2008) 128. ......bstance in the submissions of the learned Advocate for the respondent. Accordingly, the Civil Petition is dismissed. Ed. This Case is also Reported in: V ADC (2008) 128. ..Category: Property Law | Date: | Hits: 38
Chief Controller, Import and Export and others Vs. Md. Faruk Ahmed, 2005, 34 CLC (AD)
.... appeal is allowed without any order as to costs. Ed. This Case is also Reported in: V ADC (2008) 123 ; 12 BLC (AD) (2007) 44; 12 MLR (AD) 2007, 122; 19 BLT (AD) 2011, 28, 8 LG (AD) (2011) 28. ...... appeal is allowed without any order as to costs. Ed. This Case is also Reported in: V ADC (2008) 123 ; 12 BLC (AD) (2007) 44; 12 MLR (AD) 2007, 122; 19 BLT (AD) 2011, 28, 8 LG (AD) (2011) 28. ......ed in: V ADC (2008) 123 ; 12 BLC (AD) (2007) 44; 12 MLR (AD) 2007, 122; 19 BLT (AD) 2011, 28, 8 LG (AD) (2011) 28. ......een the respondent and others in favour of whom the rule for import of car of above 5 years old was allowed. The High Court Division is not, as a matter of fact, to decide as to whether the import in question is of 5 years or more than that as have been found by the authority entrusted upon to det..Category: Business or Commercial Law | Date: | Hits: 139
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