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Samsuddin Nakib and others Vs. Syed Fakruddin Ahmed and others, 2008, 37 CLC (AD)

....ality or infirmity in the decision of the High Court Division so as to call for any interference. The petition is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 424. ......ality or infirmity in the decision of the High Court Division so as to call for any interference. The petition is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 424. ......ality or infirmity in the decision of the High Court Division so as to call for any interference. The petition is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 424. ......Ga to the plaint are illegal, collusive, null and void, fraudulent and not binding upon them on the averments that Jagabandhu Shil was the owner of the suit land and after his death his three sons Krishna Kanta, Protap Chandra and Nishi Kanto owned the suit land in equal shares and the record of..

Category: Property Law | Date: | Hits: 33

Mozharul Islam Chowdhury, Advocate Vs. Dilip Kumar Roy and others, 2005, 34 CLC (AD)

....the learned Advocate-on-Record appearing for the respondent No.2, supporting the impugned judgment of the High Court Division, contended that the suit property is a debutter property in the name of Sree Sree Madan Mohan Gour Netai Bagraha and the Sheba Puja is being regularly performed in the te......the learned Advocate-on-Record appearing for the respondent No.2, supporting the impugned judgment of the High Court Division, contended that the suit property is a debutter property in the name of Sree Sree Madan Mohan Gour Netai Bagraha and the Sheba Puja is being regularly performed in the te......pugned judgment of the High Court Division are set aside. In the result, this appeal is allowed without any order as to cost. Ed. This Case is also Reported in: 17 BLT (AD) (2009) 150. ......pugned judgment of the High Court Division are set aside. In the result, this appeal is allowed without any order as to cost. Ed. This Case is also Reported in: 17 BLT (AD) (2009) 150. ..

Category: Property Law | Date: | Hits: 31

Sohrab Ali Molla (Md) and others Vs. Md. Ataur Rahman Talukder and others, 2009, 38 CLC (AD)

....rt Division upon correct assessment of the materials on record arrived at a correct decision. The petition is dismissed. Ed. This Case is also Reported in: 14 BLC (AD) (2009) 103. ......rt Division upon correct assessment of the materials on record arrived at a correct decision. The petition is dismissed. Ed. This Case is also Reported in: 14 BLC (AD) (2009) 103. ......rt Division upon correct assessment of the materials on record arrived at a correct decision. The petition is dismissed. Ed. This Case is also Reported in: 14 BLC (AD) (2009) 103. ......injunction restraining the defendant Nos.1 and 2 from transferring the suit land contending, inter alia, that the suit land belonged to Munju Sundari, Shashanka Mohan Saha Chowdhury and others and Krishna Mohan Saha Schedule 'Ka' land was purchased by Serajul Huq and Azizul Huq alias Tafazal Haq..

Category: Property Law | Date: | Hits: 49

Md. Ali Bepary and ors. Vs. Garupranjan Chakraborty and others, 2009, 38 CLC (AD)

.... substance in the submissions of the learned Advocate for the petitioner. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: 14 BLC (AD) (2009) 97. ...... substance in the submissions of the learned Advocate for the petitioner. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: 14 BLC (AD) (2009) 97. ......y the High Court Division in Appeal from Original Decree No.286 of 1993 dismissing the appeal. 2. The facts of the case, in short, are that the suit land belonged to Guru Doyal Chakraborty, Ram Charan Chakraborty, Bhabani Charan Chakraborty and Kalipada Chakra­borty, of them Guru Doya...... substance in the submissions of the learned Advocate for the petitioner. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: 14 BLC (AD) (2009) 97. ..

Category: Property Law | Date: | Hits: 22

Government of Bangladesh Vs. Md. Abdul Karim, 1995, 24 CLC (AD)

....e appeal is allowed without any order as to cost. The impugned judgment and order are set aside. Ed This Case is also Reported in: 1 MLR (AD) 1996, 310; 47 DLR (AD) (1995) 146; II ADC (2005) 610.......e appeal is allowed without any order as to cost. The impugned judgment and order are set aside. Ed This Case is also Reported in: 1 MLR (AD) 1996, 310; 47 DLR (AD) (1995) 146; II ADC (2005) 610....... Judgment June 4, 1995. Cases Referred to- Monoranjan Mukharjee Vs. Election Commission, 1990 BLD (Vol. X) 17 = 41 DLR (1989) 484; State of Punjab Vs. Amar Singh Harika, AIR 1966 SC 1313; Ram Bilas Paswan Vs. Union of India (Cal) (1991) 16. Lawyers Involved: B. Hossain, Deputy Atto......e appeal is allowed without any order as to cost. The impugned judgment and order are set aside. Ed This Case is also Reported in: 1 MLR (AD) 1996, 310; 47 DLR (AD) (1995) 146; II ADC (2005) 610...

Category: Administrative Law | Date: | Hits: 144

Ranjit Sarker and ors. Vs. Sree Sukhendu Bikash Biswas & ors., 1996, 25 CLC (AD)

....:  ATM Afzal CJ Mustafa Kamal J Latifur Rhman J Mohammad Abdur Rouf J Bimalendu Bikash Roy Choudhury J Ranjit Sarker and others..................Defendant-Appellants. Vs. Sree Sukhendu Bikash Biswas & others.........Plaintiff-Respondents Judgment June13, 1996. ......:  ATM Afzal CJ Mustafa Kamal J Latifur Rhman J Mohammad Abdur Rouf J Bimalendu Bikash Roy Choudhury J Ranjit Sarker and others..................Defendant-Appellants. Vs. Sree Sukhendu Bikash Biswas & others.........Plaintiff-Respondents Judgment June13, 1996. ......ppeal may be heard by any Division Bench of the High Court Division other than the one which heard the matter earlier. Ed. This Case is also reported in: II ADC (2005) 581; 17 BLD (AD) 58. ...... No. 163 of 1981 in part. 2. The patent facts are that the suit homestead with its adjuncts and adjoining thank, ditch etc. originally belonged to Kailash Dey. Kailash was survived by his two sons Krishna Chandra and Kshetra Mohan. Krishna Chandra at his death left behind his three sons, plaintif..

Category: Property Law | Date: | Hits: 66

Indrajit Kundu and others Vs. Bejoy Krishna Kunda, 1999, 28 CLC (AD)

....on-impleading necessary parties in the pre-emption proceeding. Consequently, the appeal is dismissed without any order as to cost. Ed. This Case is also Reported in: II ADC (2005) 558. ......on-impleading necessary parties in the pre-emption proceeding. Consequently, the appeal is dismissed without any order as to cost. Ed. This Case is also Reported in: II ADC (2005) 558. ......on-impleading necessary parties in the pre-emption proceeding. Consequently, the appeal is dismissed without any order as to cost. Ed. This Case is also Reported in: II ADC (2005) 558. ......Civil) Present: ATM Afzal CJ Latifur Rahman J AM Mahamudur Rahman J Indrajit Kundu and others.................................Appellants Vs. Bejoy Krishna Kunda being dead his heirs Biswajit Kunda and others ........Respondents. Judgment ..

Category: Property Law | Date: | Hits: 34

Md. Shamsul Huda Vs. Bangladesh and oth­ers, 1999, 28 CLC (AD)

....gment and decree dated 16,7.91 of the High Court Division with­out any order as to costs and restore those of the trial court. Ed. This Case is also Reported in: II ADC (2005) 440. ......gment and decree dated 16,7.91 of the High Court Division with­out any order as to costs and restore those of the trial court. Ed. This Case is also Reported in: II ADC (2005) 440. ......c performance of contract and the deed of trans­fer obtained on the basis of the said decree are illegal null and void on the averments, inter alia , that the suit property belonged to one Lala Ram Sankar who died unmarried and sarna Kumari was a maid servant of Lala Ram. After the death of ......gment and decree dated 16,7.91 of the High Court Division with­out any order as to costs and restore those of the trial court. Ed. This Case is also Reported in: II ADC (2005) 440. ..

Category: Property Law | Date: | Hits: 23

Bangladesh Vs. Chowdhury Tanbir Ahmed Siddiky, 1997, 26 CLC (AD)

....y order as to costs. The judgment and order of the High Court Division be set aside and the order of the trial court be restored. Ed. This Case is also Reported in: II ADC (2005) 283. ......y order as to costs. The judgment and order of the High Court Division be set aside and the order of the trial court be restored. Ed. This Case is also Reported in: II ADC (2005) 283. ......y order as to costs. The judgment and order of the High Court Division be set aside and the order of the trial court be restored. Ed. This Case is also Reported in: II ADC (2005) 283. ......y order as to costs. The judgment and order of the High Court Division be set aside and the order of the trial court be restored. Ed. This Case is also Reported in: II ADC (2005) 283. ..

Category: Property Law | Date: | Hits: 43

Reazuddin & ors. Vs. Jatindra Kishore Malaker and others, 1984, 13 CLC (AD)

.... High Court Division is set aside and that of the lower Appellate Court is restored. There will no order as to costs. Ed. This Case is also Reported in: 37 DLR (AD) (1985) 202. ...... High Court Division is set aside and that of the lower Appellate Court is restored. There will no order as to costs. Ed. This Case is also Reported in: 37 DLR (AD) (1985) 202. ...... High Court Division is set aside and that of the lower Appellate Court is restored. There will no order as to costs. Ed. This Case is also Reported in: 37 DLR (AD) (1985) 202. ...... High Court Division is set aside and that of the lower Appellate Court is restored. There will no order as to costs. Ed. This Case is also Reported in: 37 DLR (AD) (1985) 202. ..

Category: Property Law | Date: | Hits: 28

Syed Amir Hossain Vs. Mrs. Nadera Rahman, 1985, 14 CLC (AD)

....e set aside and that of the Dis­trict Judge is restored. In the circumstances of the case we however do not make any order as to costs. Ed. This Case is also Reported in: 37 DLR (AD) (1985) 184.......e set aside and that of the Dis­trict Judge is restored. In the circumstances of the case we however do not make any order as to costs. Ed. This Case is also Reported in: 37 DLR (AD) (1985) 184....... In Drupadi vs. Hiralal, ILR 34, the matter was governed by the Provincial Insolvency Act which is a special law within the meaning of section 29 of the Limitation Act. Facts of the case are that one Ram Narayan was declared insolvent by court and the res­pondent in that case was appointed receiver......e set aside and that of the Dis­trict Judge is restored. In the circumstances of the case we however do not make any order as to costs. Ed. This Case is also Reported in: 37 DLR (AD) (1985) 184...

Category: Procedural Law | Date: | Hits: 112

Syed Kawsar Ali Vs. Gahar Kazi & ors., 1985, 14 CLC (AD)

....rder of the High Court Division is set aside and those of the appellate court below restored. Ed.      This Case is also Reported in: 37 DLR (AD) (1985) 177. ......rder of the High Court Division is set aside and those of the appellate court below restored. Ed.      This Case is also Reported in: 37 DLR (AD) (1985) 177. ......peal is allowed with cost……..(11) Cases Referred To- ILR 1914 Calc­utta at page 972 and AIR 1925; Harendra Lal Chowdhury vs. Haridashi Devi 41 IA. 110; Gorukhpur Vs. Ram Swidar Mal 61, I.A. 286; Pahaladi vs. Musammat Laraiti 41 All. 22;Biswanaih vs. Chandra Narayan......rder of the High Court Division is set aside and those of the appellate court below restored. Ed.      This Case is also Reported in: 37 DLR (AD) (1985) 177. ..

Category: Property Law | Date: | Hits: 36

Kalipada Saha Vs. State, 1985, 14 CLC (AD)

....Court of Begum Asma, Hannan, Upazila Magistrate, Kushtia transferred to the Drug Court at Dhaka for trial and disposal. Ed. This Case is also Reported in:  37 DLR (AD) (1985) 135. ......Court of Begum Asma, Hannan, Upazila Magistrate, Kushtia transferred to the Drug Court at Dhaka for trial and disposal. Ed. This Case is also Reported in:  37 DLR (AD) (1985) 135. ......ovisions of the Special Act and does not go beyond…………..(7) Cases Referred To- Nil Ratan Sircar vs. Laksmi Narayan AIR 1965 (SC) 1; Delhi Administration Vs. Ram Sing AIR 1962(SC)63; Lazar Fernando Vs. Amirtham Fernando AIR 1929 Mad. 604; Kuppuswamy Naidu 2......Court of Begum Asma, Hannan, Upazila Magistrate, Kushtia transferred to the Drug Court at Dhaka for trial and disposal. Ed. This Case is also Reported in:  37 DLR (AD) (1985) 135. ..

Category: Criminal Law | Date: | Hits: 59

M/s. House Build­ing Finance Cor­poration Vs. Commissioner of Income Tax, Dhaka, 1984, 13 CLC (AD)

....rofits and gains can­not properly be deduced there from, then the computation shall be made upon each basis and in such manner as the Income-tax Officer may deter­mine."  ......rofits and gains can­not properly be deduced there from, then the computation shall be made upon each basis and in such manner as the Income-tax Officer may deter­mine."  ......962) 44 I.T.R. 22; Commissioner of Income-tax Vs. Shrimati Singari Bai, (1945) 13 I.T.R. 224; Sahu Jagmandar Das Vs. Commissioner of Income-tax, Central and United Provinces (1935) 3 ITR 140; M/s. Ram Kumar Kedar Nath V. Commissioner of Income-tax, Bombay (1937) 5 ITR, 361. The appellant ......rofits and gains can­not properly be deduced there from, then the computation shall be made upon each basis and in such manner as the Income-tax Officer may deter­mine."  ..

Category: Fiscal/Taxation Law | Date: | Hits: 102

Bangladesh Vs. Abul Kaiser Chow­dhury and others, 1984, 13 CLC (AD)

.... reason to take a different view. In this view of the matter the appeal is allowed. The suit is dismissed. No order as to costs. Ed. This Case is also Reported in:  37 DLR (AD) 85. ...... reason to take a different view. In this view of the matter the appeal is allowed. The suit is dismissed. No order as to costs. Ed. This Case is also Reported in:  37 DLR (AD) 85. ......rd but not as Mutwally, it cannot be said that the suit abated due to technical omission of not using the word Mutwally……..(7) Cases Referred To- Mahabir Prasad Vs. Jage Ram and others of Maddapradesh AIR 1971 (SC) 742; Messrs. Mackinnor Mackensie and Co. vs. Messrs A...... reason to take a different view. In this view of the matter the appeal is allowed. The suit is dismissed. No order as to costs. Ed. This Case is also Reported in:  37 DLR (AD) 85. ..

Category: Trust/Waqf Law | Date: | Hits: 193

Sonali Bank Vs. M/S Beg and Beg Jute Incorporated Ltd. & others, 1997, 26 CLC (AD)

.... appeal is allowed without any order as to costs. The trial Court is directed to draw up a fresh decree in terms of this judgment. Ed. This Case is also Reported in: II ADC (2005) 286. ...... appeal is allowed without any order as to costs. The trial Court is directed to draw up a fresh decree in terms of this judgment. Ed. This Case is also Reported in: II ADC (2005) 286. ................Respondents Judgment November 5, 1997. Cases Referred to- Jagannath Prosad Singh Chowdhury vs. Surajmul Jalal AIR 1927(PC) 1; Jaigobind Singh Vs. Lachmi Narain Ram AIR 1940 (FC) 20; Sukhraj Rai Vs. Ratinath Panjiara AIR 1942 (Ptatne) 102; Dawoodbhia Kassamji ...... appeal is allowed without any order as to costs. The trial Court is directed to draw up a fresh decree in terms of this judgment. Ed. This Case is also Reported in: II ADC (2005) 286. ..

Category: Property Law | Date: | Hits: 28

Falguni Majumder Vs. Mokbul Hossain Biswas & ors., 1998, 27 CLC (AD)

....rt of Sadar Munsif Rajshahi, renumbered as O.C. Suit No. 507 of 1968 and subsequently again renumbered as O.C. Suit 231 of 1986 of the Court of Munsif, 3th Court, Nowabgonj, impleading the Dieties Sree Sree Durgamata Thakurani, Sree Sree Kalimata Thakurani and Sree Sree Katrik Deb Thakur represe......rt of Sadar Munsif Rajshahi, renumbered as O.C. Suit No. 507 of 1968 and subsequently again renumbered as O.C. Suit 231 of 1986 of the Court of Munsif, 3th Court, Nowabgonj, impleading the Dieties Sree Sree Durgamata Thakurani, Sree Sree Kalimata Thakurani and Sree Sree Katrik Deb Thakur represe...... as well as the judgment and order dated 12.5.92 are set aside and the judgment and order of the lower appellate court is restored. Ed. This Case is also Reported in: II ADC (2005) 203. ...... as well as the judgment and order dated 12.5.92 are set aside and the judgment and order of the lower appellate court is restored. Ed. This Case is also Reported in: II ADC (2005) 203. ..

Category: Property Law | Date: | Hits: 30

Chalna Marine Products Vs. Bangladesh General Insurance Co. Ltd., 2000, 29 CLC (AD)

....and Weaving Co. Ltd. Vs. Satyanarayan Marine and Fire Insurance Co. Ltd. AIR 1924 (Cal) page 186; Girdharilal Monuman Box Vs. Eagle Star and British Dominions Insurance Co, Ltd. 4 PLD (Dhaka) 595; Sree Hari Sankar Nandi Majumder Vs.  Sree Promode Chandra Roy Choudhury; Sadharan Bima Corpora......and Weaving Co. Ltd. Vs. Satyanarayan Marine and Fire Insurance Co. Ltd. AIR 1924 (Cal) page 186; Girdharilal Monuman Box Vs. Eagle Star and British Dominions Insurance Co, Ltd. 4 PLD (Dhaka) 595; Sree Hari Sankar Nandi Majumder Vs.  Sree Promode Chandra Roy Choudhury; Sadharan Bima Corpora......s above any loss, destruction or damage is not covered by this policy, the burden of proving that such loss, destruction or damage is covered shall be upon the insured."  ......s above any loss, destruction or damage is not covered by this policy, the burden of proving that such loss, destruction or damage is covered shall be upon the insured."  ..

Category: Civil Law | Date: | Hits: 135

Abdul Motaleb Vs. Md. Ershad Ali and others, 1994, 23 CLC (AD)

....f the Subordinate Judge allowing amendment of the plaint is restored. There will be no order as to costs. Ed. This Case is also Reported in: II ADC (2005) 30. ......f the Subordinate Judge allowing amendment of the plaint is restored. There will be no order as to costs. Ed. This Case is also Reported in: II ADC (2005) 30. ......f the Subordinate Judge allowing amendment of the plaint is restored. There will be no order as to costs. Ed. This Case is also Reported in: II ADC (2005) 30. ...... Meah 29 DLR 311; Ajiruddin Mondal Vs. Rahman Fakir 13 DLR (SC) 191; Kasinath Das Vs. Sadasiv Patnaik, (1893) ILR 20 Cal. 805; E.K.S. Chettyar Firm vs.  Maung Mia, AIR 1933 Rangoon 247; Radha Krishna Vs. Dwarka Das 36 DLR (AD) 253; Velammal Vs. C. Gounder, AIR 1971 Mad. 469;1963-1 Mad 133=A..

Category: Property Law | Date: | Hits: 56

Md. Mosharraf Hossain Vs. Daulat Ahmed and ors., 2002, 31 CLC (AD)

....of a small fraction was allegedly hand over without there being any actual meas­urement P.Ws 2 and 4 having said that there was in fact a sale and not an exchange between Mosharraf Hossain and Sree Partha Banik and most impor­tantly there is an element of exchange of money as considerati......of a small fraction was allegedly hand over without there being any actual meas­urement P.Ws 2 and 4 having said that there was in fact a sale and not an exchange between Mosharraf Hossain and Sree Partha Banik and most impor­tantly there is an element of exchange of money as considerati......the District Judge, Lakshmipur in Miscellaneous Appeal No. 2 of 1993 allowing the same and thereupon setting aside the judg­ment and order of November 29, 1992 of the Court of Assistant Judge, Ramganj, Lakshmipur in Miscellaneous Case No. 1 of 1992 allowing the same. The Miscellaneous case w......Lakshmipur, in Miscellaneous Appeal No.2 of 1993 is restored. The prayer for pre-emption is rejected. There is no order as to costs. Ed. This Case is also Reported in: 1 ADC (2004) 445. ..

Category: Property Law | Date: | Hits: 44