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Joynal Abedin and others Vs. Mafizur Rahman & others, 1992, 21 CLC (AD)
...., the judgment of the learned Single Judge suffers from legal infirmity and the same is liable to be set aside. In the result, the appeal is allowed without cost. Ed. ......se, of the plaintiffs, inter alia, was that Jinnat Ali, predecessor of the plaintiff respondent Nos. 1 and 2 and others was 16 annas owner of suit property No. 1 measuring 1.46 acres recorded in CS Khatian No. 236 and owner of 15 gondas share of suit property No .2 recorded in CS Khatian No. 233..Category: Property Law | Date: | Hits: 57
Musa Ali Vs. Nur Ahmed and others, 1992, 21 CLC (AD)
....ned Advocate for the respondents and have gone through them in this case. Order of the Court. By majority decision the appeal is allowed without any order as to costs. Ed. ...... the contesting defendants never threatened him with dispossession. These defendants have been possessing the suit land from the time of their ancestors. The suit land has been recorded in the S.A. Khatian in their names. They have sold 2 kanis of land to one Kabir Ahmed Master. Yusuf Ali, an al..Category: Property Law | Date: | Hits: 52
Aminul Islam Vs. Mujibur Rahman and others, 1992, 21 CLC (AD)
.... In the result, therefore, the appeal is allowed and the impugned judgment of the High Court Division is set aside. Ed. This case is also reported in: 45 DLR (AD) (1993) 09 ......f the disputed land and also an apprehension of a breach of the peace over the same and accordingly ordered that the first party is entitled to the possession of the proceeding land (plot No. 759, Khatian No. 526 under char Iswardi mouza), that the second party be restrained to enter into the sa..Category: Criminal Law | Date: | Hits: 53
.... call such additional evidence on the question as it may deem fit.
In the circumstances of the case, we make no order as to costs.
Ed.
This Case is also Reported in: 28 DLR (AD) (1976) 61. ......eave arising out of a suit for recovery of possession of the suit land upon declaration of the plaintiffs title therein. The suit land is R.S. Plot No. 158 of mouza Madar Bari, Chittagong recorded in Khatian No. 234. Plaintiff says that the suit plot was recorded in raiyati right of Abdus Subhan. Pl..
Category: Property Law | Date: | Hits: 82
Abdur Rahim Afroze Vs. B. C. Aga and Co. Ltd. and others, 1977, 6 CLC (AD)
....os. 12 and 13 , dated 15-11-51 and 31.11.51 respectively for the appellant. The latter was, therefore, asked to open a letter of Credit. After arrival of the aforesaid goods at Chittagong Port, Sight draft was presented by the respondent to the appellant for payment of the price of the goods but the......therefore, jurisdiction to enter upon arbitration on his appointment and the award made by him was not void. In the result the appeal is dismissed without, however, any order as to costs. Ed. ..Category: Business or Commercial Law | Date: | Hits: 86
Haji Abdul Motalib Sowdagar Vs. Faiz Ahmed Chowdhury and others, 1977, 6 CLC (AD)
....ejecting civil petition for Special Leave to Appeal No. 141 of 1975. The Courts below were right in rejecting the petitioner's plea. There is no substance in this petition which is dismissed. Ed. ......etition for execution. We have also examined the description of the premises as quoted in the petition for special leave and we find that it comprised a part of R.S. Plot No. 4953, appertaining to 'Khatian No. 3695 of Mouza Bakalia, known as Chaktai, with three huts standing thereon, which is the ..Category: Tenancy Law | Date: | Hits: 89
Serajuddin Bepari & ors Vs. Mizanur Rahman & ors, 1977, 6 CLC (AD)
.... must claim, inter alia, a legal right, and allege an injury which is not ordinarily reparable by monetary compensation; with these observations, these petitions are dismissed. Ed. ......ara hat was allowed to sit for a short period, and the permissive period expired on 13.4.72, and its continuation was illegal. It was further contended that the land was recorded in the S. A. Khatian as a secular land and not a wakf property at all. 4. The trial court found, that th..Category: Civil Law | Date: | Hits: 106
Abdus Sobhan Vs. Anwar Rahim & others, 2001, 30 CLC (AD)
....for our interference. There is no merit in this petition and the same is accordingly dismissed. Ed. This Case is also Reported in: 53 DLR (AD) (2001) 110. ......y the learned Additional Munsif, Dhaka granting permanent injunction and restraining him from disturbing peaceful possession of the plaintiff of that suit by entering in Plot Nos. 329 and 331 of CS Khatian No. 128 of Mouza Bara Maghbazar, Dhaka. That suit was decreed on 19-5-1990 giving full rel..Category: Property Law | Date: | Hits: 74
....n found that in the written objection the respondent-Bank specifically stated that the petitioner failed to fulfill the conditions of the sanction letter and even did not express its concurrence to a draft compromise petition prepared by the lawyer of the plaintiff bank. The High Court Division held......fore the trial court with liberty to adduce evidence.
With that observation this petition is disposed of on condonation of delay.
Ed.
This Case is also Reported in: 53 DLR (AD) (2001) 91.
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Category: Civil Law | Date: | Hits: 109
Moyenuddin Torafdar (Md) & others Vs. Tamijuddin Milky and others, 2001, 30 CLC (AD)
.... the submission. The leave petitioner is dismissed. Ed. This Case is also Reported in: 53 DLR (AD) (2001) 49 ......ial allegations and stating that they filed those two suits which ended in compromise. In the execution proceedings they got possession in the respective saham. On the basis of such possession MRR Khatian was prepared in their names. Plaintiff was not minor at that time and he and his mother put..Category: Property Law | Date: | Hits: 49
Bangladesh Biman Corporation and others Vs. Md. Tipu Sultan & others, 2001, 30 CLC (AD)
....t shops and that of each section within the shops. In the course of hearing of the appeal the learned Counsel representing the appellants in Appeal No. 25 of 2000 placed before the Court a copy of draft seniority list, which is not disputed or challenged from the side of the respondent Nos. 1 an......n made herein before the appeals are allowed without any order as to costs. Ed. This Case is also Reported in: 53 DLR (AD) (2001)31. ..Category: Employment/Service Law | Date: | Hits: 63
Abu Taleb Vs. Government of Bangladesh, 1995, 24 CLC (AD)
....inary proceedings against the leading lights of the incident or to retire them in the public interest. The words "punitive measure" used in the Enquiry Report in paragraphs 8 and 9 are not a lawyers' draft, but laymen's expression. The final Authority who took the decision to retire the appellant wa......by the appellant. In that view of the matter we do not find any ground for interference. The appeal is dismissed without costs. Ed. This case is also reported in: 47 DLR (AD) (1995) 138..Category: Administrative Law | Date: | Hits: 175
Sadharan Bima Corporation Vs. Sanjib Kumar Das & another, 1995, 24 CLC (AD)
....ired a technical meaning from long usage and frequent decisions of the Court and, if so, is the High Court Division well‑grounded in law in overruling them? 16. It is impracticable to draft individual policies for each separate insurance and it is therefore necessary to use policy f......nterpretation given by the High Court Division, we dismiss the appeal for the reasons above without any order as to costs. Ed. This case is also reported in: 47 DLR (AD) (1995) 97 ..Category: Business or Commercial Law | Date: | Hits: 114
Sova Rani Guha alias Sova Rani Gupta Vs. Abdul Awal Mia and others, 1995, 24 CLC (AD)
....er entitlement under section 4 of the Partition Act, .1893 was not at all satisfactory. The appeal is dismissed. No costs. Ed. This case is also reported in: 47 DLR (AD) (1995) 45 ......ise decree in Title Suit No. 145 of 1954 of the First Court of Munsif, Patuakhali was fraudulent and collusive and not binding on them. Their case, in brief, is that the suit lands, recorded in CS Khatian No. 406 of mouza Patuakhali, subsequently in SA Khatian Nos. 729 and 1721, were auction pur..Category: Property Law | Date: | Hits: 51
Syed Mohammad Salem Azam and others Vs. Secretary, Ministry of Works, Govt. of BD, 1995, 24 CLC (AD)
.... order of respondent No. 1 dated 9.11.93 is set aside as being without lawful authority and of no legal effect. No costs. Ed. This case is also reported in: 47 DLR (AD) (1995) 38 ......22.1.63 the appellants father Syed Mohammad Azam and the appellants' maternal grandmother Waheda Begum jointly purchased the premises in dispute appertaining to plot No. 2039, Mouza Sutrapur, Bogra Khatian old 81 and new 137 consisting of 0.6250 acres from its owner Al‑haj Habibur Rahman Ch..Category: Property Law | Date: | Hits: 62
Abdul Mazid Howlader & another Vs. Lahajuddin Howlader & others, 1996, 25 CLC (AD)
....pplication for pre-emption is disallowed. The appeal is allowed without any order as to cost. Ed. This Case is also Reported in: 1 MLR (AD) 1996, 302, 48 DLR (AD) (1996) 160 ......ed on 27-6-70 at Bauphal Sub-Registrar’s Office under District Patuakhali. The proceeding land originally belonged to one Mahendra and correctly recorded in his name in the State Acquisition Khatian Nos.600 and 697. The said Mahendra sold the proceeding land along with his other lands to o..Category: Property Law | Date: | Hits: 60
Government of Bangladesh Vs. A H M Amir Hossain, 1996, 25 CLC (AD)
....whole issue agreed with the Ministry of Establishment that the Rules of 1981 relating to the nationalised colleges required amendment to remove anomaly and discriminatory provision. Accordingly, a draft Rules was prepared amending the Rules of 1981 and sent to the Ministry of Education under the......ve to Appeal No. 431 of 1992 filed by the respondent which is also barred by 353 days is disposed of. Ed. This Case is also Reported in: 1 MLR (AD) 1996, 152, 48 DLR (AD) (1996) 75 ..Category: Constitutional Law | Date: | Hits: 174
Raziul Hasan Vs. Badiuzzaman Khan and others, 1996, 25 CLC (AD)
....y in the Senior Services Pool by order dated 17-2-83; that he submitted representation for regularization of his appointment but he was informed by order dated 17-8-83 in the negative; that in 1983 a draft seniority list was prepared. At that time he was posted at Islamabad as a Counselor below the ......nt and hearing respondent No. 1 and the appellant afresh. The other parts of the Tribunal’s order will remain and not be reopened. Ed. This Case is also Reported in: 48 DLR (AD) (1996) 71. ..Category: Administrative Law | Date: | Hits: 167
Attar Mia and another Vs. Mahmuda Khatun Chowdhury, 1996, 25 CLC (AD)
....to cannot be accepted. In the result, therefore, the appeal is dismissed without any order as to cost. Ed. This case is also reported in: 48 DLR (AD) (1996) 16 ......efly, are that the plaintiff-appellants instituted Title Suit No. 367 of 1981 in the Second Court of Subordinate Judge, Sylhet for pre-emption of the suit land measuring. 1450 acre of Plot No.5699 Khatian No.34 17 of Mohalla Zinda Bazar within Sylhet Municipality under the provisions of the Moha..Category: Property Law | Date: | Hits: 84
Basiruddin Sarkar Vs. Jasimuddin Sarkar and others, 1972, 1 CLC (HCD)
....The result, therefore, is that the appeal is dismissed without any order as to costs. The judgment and decree of the trial Court as upheld by the lower appellate Court are affirmed. Ed. ...... Jamiruddin. The properties mentioned in schedule 'Chha' are moveable properties. Out of these properties, only property in schedule 'Ka’ stood in the name of his father Jamiruddin in the CS Khatian, whereas the properties mentioned in schedule 'Kha', 'Ga' and 'Ja' did not bear his name. H..Category: Property Law | Date: | Hits: 51
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