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Md. Abu Musa Bhuiyan and another Vs. Mohammad Ali alias Alimullah and others, 2010, 39 CLC (AD)
....e find nothing to interfere with the judgment of the High Court Division and accordingly this petition for leave to appeal is dismissed. Ed. This Case is also Reported in: VIII ADC (2011) 431. ......Char, Police Station-Lalbagh, District-Dhaka for declaration of title and recovery of khas possession in respect of the suit property measuring 10(ten) kathas of land in Khatian No.42(Old) at present khatian No.45 out of total area comprising 1.75 acres of land. 3. The facts of the case of the pl..Category: Property Law | Date: | Hits: 71
Md. Daliluddin and others Vs. Md. Mokarram Hossain, 2011, 40 CLC (AD)
.... materials on record and as such no interference is called for. We find no substance in this petition which is accordingly dismissed. Ed. This Case is also Reported in: VIII ADC (2011) 421. ...... the Court of Assistant Judge, Baladangi, Thakurgaon for recovery of khas possession by removing kachha houses. 4. The case of the plaintiff, in short, is that the suit land appertaining to C.S. khatian No. 297/3 corresponding to S.A. khatians No. 283 of mouza Thumnia within the Police Station ..Category: Property Law | Date: | Hits: 79
....roperly in pursuance of the lawful agreement and the lawful possession firstly as a lawful tenant and lastly by virtue of agreement for transfer.
22. The trial court came to a finding that the disputed property was entrusted to the then East Pakistan Small Industries Corporation for manageme......ral and documentary, and as such no interference is called for.
We find no substance in this petition which is accordingly dismissed.
Ed.
This Case is also Reported in: VIII ADC (2011) 410.
..
Category: Property Law | Date: | Hits: 82
Oriental Bank Ltd. Vs. Federal Insurance Company Ltd., 2010, 39 CLC (HCD)
....h Ispahani Vs. Free School Street reported in 3 BLC (AD) 1998, 212: “A winding up petition is not a legitimate means of seeking to enforce payment of a liability the nature of which is bonafide disputed by the company. The learned Company Judge was, therefore, justified in dismissing the petit......reasons above cited this Court finds no merit in this Application. In the result, this Application is dismissed. There is no order as to costs. Ed. This Case is also Reported in: ..Category: Company Law | Date: | Hits: 203
....f the suit property and then declared the property not to be an abandoned property and ordered the possession to be restored to the petitioner who was plaintiff in the suit. The Government having not disputed the petitioner's identify in the Civil Suit and admittedly the same person with Bangladesh ......ade without lawful authority and to be of no legal effect.
In the result, the Rule is made absolute without any order as to costs.
Ed.
This Case is also Reported in: 45 DLR (HCD) (1993) 416.
..
Category: Property Law | Date: | Hits: 86
Hussain Mohammad Ershad Vs. State, 1992, 21 CLC (HCD)
.... Party, he being the President and this is the very money which is claimed by the said party by filing the money suit before a competent court of jurisdiction and the title of the said property being disputed and claimed in a suit the said suit ought to have been heard for ends of justice and that M......of the High Court. We, having considered the matter find no substance in this application which is accordingly summarily rejected. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 116. ..Category: Criminal Law | Date: | Hits: 125
Alesuddin Mondal Vs. Md. Toyezuddin Dewan, 1991, 20 CLC (HCD)
....istered deed dated 21.8.78 to opposite party No.1 who is a stranger purchaser. No notice of the transfer was served on the petitioner Alesuddin Mondal who is a co‑sharer of the holding to which the disputed land appertains. 4. Opposite party No.1 Faizuddin Dewan contested the case by filing wri......n committed by the Courts below. In the result, the Rule is discharged with cost. The lower Court record be sent down at once. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 105. ..Category: Property Law | Date: | Hits: 81
....rdinate Judge, Munshiganj on 27.8.82 in Title Suit No.71 of 1981.
2. The Suit before the learned trial Court was for specific performance of contract.
3. The case of the plaintiffs was that the disputed land belonged to defendant Nos.1 and 2 and they contracted to sell the disputed land to the......se of the learned Subordinate Judge, Munshiganj, passed in Title Suit No.71 of 1981 are restored.
There will be no order as to costs.
Ed.
This Case is also Reported in: 44 DLR (HCD) (1992) 98...
Category: Procedural Law | Date: | Hits: 59
AKM Mohinus Saleh & others Vs. State, 1992, 21 CLC (HCD)
....ode of Criminal Procedure for quashment of the proceeding and obtained a Rule and stay of the aforesaid proceeding in Criminal Revision Case No.176 of 1981 on 27.4.1981. It is further stated that the disputed current account was opened by the principal accused Mostafa Anwar having the authority thro...... absolute and the accused petitioners are discharged from their bail bonds. Let the records of the case be sent down expeditiously. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 386...Category: Criminal Law | Date: | Hits: 80
....ourt Records along with the copies of the judgment to the court below.
Communicate the order at once.
MA Hye J.-I agree
This Case is also Reported in: 63 DLR (2011) 666.
......he S.A. Khatian and the subsequent Khatians in consonance with the concerned C. S. Khatian (Exhibit-'Uma')by recording the name of the government represented by the Ministry of Public Works, in khash khatian.
34. Besides, appropriate direction should also be made in view of the decision of the a..
Category: Property Law | Date: | Hits: 89
Abdul Hakim and others Vs. State, 1991, 20 CLC (HCD)
....d. Abdul Hakim has been accorded and it has also been directed that the appellant be prosecuted under the aforesaid sections of the Penal Code read with section 5(2) of Act II, 1947. 10. It is not disputed that in such a case where a public servant is involved the point of sanction to prosecute a......the conviction and sentences are set aside and the appellants are acquitted and they are discharged from their respective bail bonds. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 352. ..Category: Criminal Law | Date: | Hits: 84
Altaf Hossain Vs. Abbas Ali and another, 1991, 20 CLC (HCD)
....ing in the Court of Upazila Munsif, Fulbaria, District Mymensingh. In the result, the Rule is made absolute. No order as to costs. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 374. ......ing in the Court of Upazila Munsif, Fulbaria, District Mymensingh. In the result, the Rule is made absolute. No order as to costs. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 374. ..Category: Property Law | Date: | Hits: 68
Abdul Awal and others Vs. Abdul Hamid and others, 1991, 20 CLC (HCD)
....and has been included therein and this constitutes a fraud on registration law. 10. Both the Courts below on consideration of the materials on record concurrently held that certificate sale of the disputed holding took place and the sale was held in the year 1929‑30. The sale certificate was pr......ce and as such it does not call for any interference. In the result, the second appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 363. ..Category: Property Law | Date: | Hits: 69
Anwar Hossain and others Vs. Abul Hossain Molla and others, 1991, 20 CLC (HCD)
....registered sale deed and that the purchaser exercised the act of possession over the entire land measuring 4.28 acres. Thereafter contesting defendant Nos.1‑6 purchased 1.30 acres of land including disputed land measuring 1.28 acre from Azibar's sisters defendants Nos.8 and 9 for Tk. 2500.00 in Fe...... Appeal No.323 of 1969 is hereby set aside and those of the trial Court are restored. In view of this fact I make no order as to cost. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 79. ..Category: Property Law | Date: | Hits: 91
Bangladesh Vs. Md. Aslam and others, 1989, 18 CLC (HCD)
.... Appellate Division made in the case of Ajirannessa Vs. Soper Mia, reported in 30 DLR (SC) 41 which runs as follows: "In this case the plaintiffs have come to the Court with the assertion that the disputed land was settled with them by the owners of the land on the basis of the Kabuliyat Ext. 3(a...... Title Suit No.3 of 1976, is hereby set aside and the judgment and decree of the learned Subordinate Judge are affirmed and maintained. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 69...Category: Property Law | Date: | Hits: 96
Haroon and another Vs. Mst. Sufia Khatun and another, 1990, 19 CLC (HCD)
.... who happened to be a third party to the decree filed an application under Order 21 rule 99 of the Code for not allowing the decree‑holder to execute the decree without determining his claim to the disputed property. The decree‑holder opposed the application asserting that the provisions of Orde...... contention is overruled. For all these reasons I find no substance in this case. The Rule is, accordingly, discharged with costs. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 63...Category: Civil Law | Date: | Hits: 89
Mohiuddin Ahmed and others Vs. Lutfur Rahman and another, 1990, 19 CLC (HCD)
....lready been transferred and registered in favour of the respondent No.1, the petitioners' relief does not lie under the Companies Act. It is further alleged that in the present case there are so many disputed questions of facts which cannot be adjudicated in such summary proceeding. It is their furt......oners in place of the name of respondent No.1 in respect of the shares which the petitioners had held on 8.3.85 in the above company. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 48. ..Category: Company Law | Date: | Hits: 159
Sadharan Bima Corporation Vs. Philoship Co. S A, 1990, 19 CLC (HCD)
....On the basis of the facts and circumstances of the case and the materials on record Mr. Hafizullah submits that both the ships were negligent and as such both should be equally responsible. It is not disputed that collision took place at the time, place and manner as alleged. Mr. Hafizullah has refe......of the case as stated above, I find no merit in the present suit and as such it is dismissed on contest without any order as to costs. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 31. ..Category: Admiralty Law or Maritime Law | Date: | Hits: 177
Hazerannessa Vs. Nasiruddin Mahmood and others, 1991, 20 CLC (HCD)
.... The defendant opposite party No.1 herein before me contested the said suit by filing written statement denying the material allegations made in the plaint contending that he was in possession of the disputed land on the basis of purchase from one Ayesha Khatun and Mahmudul Hoque by kabala dated 26.......7. 2. The petitioner instituted the aforesaid Title Suit for permanent injunction against the opposite party No.1 and 7 others in respect of 0.50 acres of land appertaining to CS Plot No.389 of CS khatian No.136 of Mouza Lokuriapara restraining the defendants from entering upon the land in suit o..Category: Procedural Law | Date: | Hits: 79
Rajdhani Unnayan Kartipakkhya and others Vs. Dr. AK Shamsul Islam & others, 2003, 32 CLC (AD)
....effect. 4. Mr. AF Hassan Ariff, the learned Attorney general appearing for the petitioners submitted that the writ petition is not maintainable under Article 102 of the Constitution as it involves disputed question of facts as to whether the RAJUK could revise its layout plan due to the encroac......o barred by 226 and 107 days respectively and the explanation for delay are far from satisfactory. These petitions are dismissed. Ed. This Case is also Reported in: 63 DLR (AD) (2011) 129. ..Category: Property Law | Date: | Hits: 92
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