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Moyezuddin Mondal Vs. Bena Rani Das & others, 1992, 21 CLC (HCD)
....e certificate defendant No.1 would execute and register the necessary sale deed in favour of the plaintiff. The plaintiff thereafter with the permission of the defendant No.1 started to reside in the disputed holding and the said two tenants in the holding used to pay their house rents to him; that ......pposite parties on the allegations, inter alia, that the defendant‑opposite party No.1 was the owner of the suit property on the basis of a transfer deed dated 2.4.1937. Her name was mutated in the khatians and she used to pay taxes in her name and also lives in the suit‑holding along with two m..Category: Procedural Law | Date: | Hits: 76
....requirements of law were satisfied."
13. The above mentioned legal position as laid down by the Supreme Court of Pakistan and as well as by our Appellate Division are well settled and has not been disputed by either side.
14. Now turning to the impugned order of detention, the impugned order i......, PS Gulshan, Dhaka now detained in Dhaka Central Jail be at once released from custody if not wanted in connection with any‑other case.
Ed.
This Case is also Reported in: 43 DLR (1991) 372.
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Category: Constitutional Law | Date: | Hits: 178
Silver Estate Ltd. Vs. Abdul Hakim Mia and others, 1991, 20 CLC (HCD)
.... view that the plaintiff is not entitled to specific performance of the contract for sale of the suit property when title and possession therein of the defendant No. 1 contracting to sell the same is disputed. Complicated question of title and possession of the defendant No. 1 in the suit property c......the defendants over the title of the suit property. In that view of the matter cross‑objection filed by the respondent No. 1 is rejected. Ed. This Case is also Reported in: 43 DLR (1991) 360. ..Category: Civil Law | Date: | Hits: 92
Md. Abul Hashem alias Bachhu Vs. Abdul Latif, 2009, 38 CLC (HCD)
....rder 9 Rule 13 of the Code of Civil Procedure are set aside and the ex parte decree dated 29.12.1982 is upheld. Ed. This Case is also Reported in: 31 BLD (HCD) (2011) 441, 8LG (2011) HCD 305. ...... from the original zamindar upon executing a registered kabuliyat dated 24.11.1943 and since then, they have been owning and possessing the same on payment of taxes; that the wrong recording of Diara khatian in name of the three sets of defendants opposite parties in different khatians have not crea..Category: Property Law | Date: | Hits: 82
Government of Bangladesh and another Vs. Lutfun Nessa and others, 2010, 39 CLC (AD)
....ame; that deeds executed by Adhor Chand and Amor Chand in favour of the predecessor of the appellants were forged and collusive, the suit of the plaintiff was maintainable: that Ext-Ga and Ga(1), the disputed deeds proved that the original defendant No.1 purchased the suit property with full knowl......n the submissions of the learned Counsel for the petitioners. Accordingly, the petitions are dismissed. Ed. This Case is also Reported in: 16 MLR (AD) (2011) 141, VIII ADC (2011) 189. ..Category: Property Law | Date: | Hits: 93
Sudhansu Kumar Barai and others Vs. Abul Hashem and others, 1990, 19 CLC (HCD)
....arred by res judicata. According to him, opposite party No.1 as plaintiff previously brought a suit being Title Suit No. 196 of 1984 seeking declaration of title and confirmation of possession in the disputed land and the same was dismissed on contest and since the said suit and the previous one are......tioned that the defendants shall be at liberty to agitate this question when the issues are framed. There shall be no order as to costs. Ed. This Case is also Reported in: 43 DLR (1991) 327. ..Category: Property Law | Date: | Hits: 80
Mojibur Rahman Sarker and others Vs. Shafiqul Islam and others, 1991, 20 CLC (HCD)
....arties. As the objection was taken without disclosing any name an interrogatory was served on the said Opposite party who, in reply thereto, furnished 42 names claiming them to be co‑sharers in the disputed holding on behalf of the pre‑emptors an application was subsequently made seeking exempti......amendment of the application for pre‑emption. There being no appearance from the side of the opposite party, I make no order as to costs. Ed. This Case is also Reported in: 43 DLR (1991) 313. ..Category: Procedural Law | Date: | Hits: 81
Government of Bangladesh Vs. Abdul Wahid Sheikh (dead) his heirs & others, 1990, 19 CLC (HCD)
..... Jyotirmay Chakrabarty, Subordinate Judge, Second Court, Barisal in Title Suit No. 108 of 1966. 2. Respondent Nos. 1‑14 instituted the suit praying for declaration of their raiyati right to the disputed land measuring 29.82 described in the schedule to the plaint, plaintiffs' case is that plai......gment delivered by the learned Subordinate Judge also abates. The appeal is, accordingly, disposed of. There shall be no order as to costs. Ed. This Case is also Reported in: 43 DLR (1991) 308. ..Category: Property Law | Date: | Hits: 77
....lly outside the scope of the said insurance policies, that the scope of arbitration under the policies in question was limited and circumscribed by condition No. 18 and it was only when an amount was disputed that the question of arbitration arose, that as the liability to pay was repudiated the que......lt this appeal is allowed and the suit is dismissed. In view of the facts and circumstances of the case there will be no order as to costs.
Ed.
This Case is also Reported in: 43 DLR (1991) 286.
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Category: Alternative Dispute Resolution | Date: | Hits: 170
....tion. The rule is accordingly discharged without any order as to costs.
The order of stay granted earlier by this Court is hereby vacated.
Ed.
This Case is also Reported in: 43 DLR (1991) 282.......repared under section 46 of Estate Acquisition and Tenancy Act and as such objection raised in case No. 73 of 1964 and subsequently the land was recorded in the name of Abdur Rashid Bepari by opening khatian No. 38 who duly paid rent and got DCR. It is also the case of the plaintiff that the name of..
Category: Property Law | Date: | Hits: 146
Dilip @ Siddiqur Rahman & others Vs. State, 1990, 19 CLC (HCD)
....Shahid. 5. All the 10 accused pleaded not guilty and denied the entire manner of the occurrence. 6. The defence suggested that the informant Abdul Latif tried to take forcible possession of the disputed plot on the plea of purchase and that upon dispute between the parties over the land there ......ants are affirmed. The appellants 3‑9 who are on bail are directed to surrender to their bail bond to serve out their remaining sentence. Ed. This Case is also Reported in: 43 DLR (1991) 269. ..Category: Criminal Law | Date: | Hits: 61
.... The defendant No. 3, namely, the appellant contested the suit by filing a written statement contending, inter alia, that since the plaintiff is not in possession of the properties which are actually disputed in the present suit, the suit is hit by section 42 of the Specific Relief Act. It is the ca......formance of contract is dismissed.
There will, however, be no order as to costs. Let the lower Court's records be sent down immediately.
Ed.
This Case is also Reported in: 43 DLR (1991) 256.
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Category: Property Law | Date: | Hits: 73
Bangladesh Road Transport Corporation Vs. M/s. Ashraf Jute Mills Ltd., 1990, 19 CLC (HCD)
.... hearing. The facts that the respondent company had taken lease of a portion of the premises of the petitioner and that there was outstanding dues of monthly rent amounting to Tk. 1,85,359.95 are not disputed. It is also not disputed that without paying the aforesaid dues the respondent company left......roperties both movable and immovable of the above company to this Court within two months from the date of receipt of a copy of this order. Ed. This Case is also Reported in: 43 DLR (1991) 240. ..Category: Company Law | Date: | Hits: 165
Sheikh MA Jabbar Vs. AKM Obaidul Huq and others, 1990, 19 CLC (HCD)
....a 11 DLR 362. Now the principle that the High Court can in exercise of its revisional jurisdiction either order or confirm restoration of possession passed by the Trial Court beyond time is not to be disputed. The decisions cited above bear it out. The question is whether this Court should exercise ......passed by the Metropolitan Magistrate in case No. 792A/95 is set aside. The Rule arising out of Criminal Revision No. 239/88 is discharged. Ed. This Case is also Reported in: 43 DLR (1991) 233. ..Category: Criminal Law | Date: | Hits: 59
Fahim Al Haque (Minor) and another Vs. Mohammad Abdul Aziz and others, 1990, 19 CLC (HCD)
....he suit land contains 50 decimals. It is further admitted that the plaintiffs have acquired 25 decimals of land and the defendants have acquired 18 decimals of land of the said 50 decimals. It is not disputed that the defendants purchased in 1976 and the plaintiffs purchased and took settlement of 2......e suit as expeditiously as possible preferably within six months from the date of receipt of this order if the suit is otherwise found ready. Ed. This Case is also Reported in: 43 DLR (1991) 226...Category: Property Law | Date: | Hits: 59
Dewan Mohammad Safare Ali & others Vs. People's Republic of Bangladesh, 1990, 19 CLC (HCD)
....ance with the principle laid down in Order XLI Rule 21 of the CPC. In the result, the rule is made absolute without any order as to costs. Ed. This Case is also Reported in: 43 DLR (1991) 221.......aintiffs is forged and fabricated document; and Pear Ullah was not the owner of 0.30 decimals of land in plot No. 158 and as such by purchase from him Ahmed acquired no interest there and that the SA khatian has been correctly prepared and that the plaintiff has no title and possession in the suit l..Category: Property Law | Date: | Hits: 60
Hussain Mohammad Ershad Vs. State, 1991, 20 CLC (HCD)
....rts of cases and it needs to appear to be so both to the accused and High Court but we do not find in those omnibus statements made by the petitioner as in paras 7 and 8 of the petition to exist an undisputed circumstance and behaviour of a Court in the instant case supported by any evidence on reco......e, with the above observation I fully agree with the decision of my learned brother Anwarul Hoque Chowdhury J. that the rule be discharged. Ed. This Case is also Reported in: 43 DLR (1991) 347. ..Category: Criminal Law | Date: | Hits: 73
Nazrul Islam and others Vs. The State, 1991, 20 CLC (HCD)
....w that the learned Magistrate had told the accused that they would not be made over to the police after they made their statements, although the Magistrate P.W.5 has deposed to that effect. It is not disputed that the accused Nazrul and Kashem were actually sent back to the police on remand for a pe...... not wanted in connection with any other case. The non‑appellant accused Kashem will however not get any benefit of this appeal. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 142. ..Category: Criminal Law | Date: | Hits: 86
Agragami Engineers Ltd. Vs. Bangladesh Bank and others, 1992, 21 CLC (HCD)
.... air‑conditioning plant of 200 TR single chiller capacity. 35. The averments of the petitioner and the reply to it by the Bangladesh Bank has made this technical matter more technical and highly disputed fact for this Court to pass a definite opinion in its summary jurisdiction in writ but yet ......bound by the submission. In the result, this Rule is discharged with the observations as stated above without any order as to costs. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 134...Category: Others | Date: | Hits: 123
Provas Chandra Banik Vs. Naresh Chandra Banik and others, 2009, 38 CLC (AD)
....e find no substance in the submission of the learned Advocate for the petitioner. The leave petition is thus dismissed having no merit. Ed. This Case is also Reported in: 16 BLC (AD) (2011) 62. ......ogant and regularly making trouble to the plaintiff Nos.1 and 2. Thereafter, the plaintiff Nos.1 and 2 mutated their names through Miscellaneous Case No.493 of 1979-80 and obtained separated mutation khatian No.77/4 in respect of suit Plot Nos.160 and 161 in their names along with other properties a..Category: Property Law | Date: | Hits: 75
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