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Bangladesh Vs. Abbas Ali Munshi , 1997, 26 CLC (AD)
....uisition and Tenancy Act 1950. 10. Mr. Alam further submits that the lower appellate court having held that the plaintiff could not prove by producing the gazette notification that the disputed plot is a part of Government "reserved forest and accordingly the learned Additional ..Category: Property Law | Date: | Hits: 35
Government of Bangladesh Vs. Abdur Rahman and others, 2005, 34 CLC (AD)
....dul Wadud Bhuiyan, the learned Counsel for the respondent Nos. 1, 2(a) to 2(g) & 3(a) to 3(c) and 4 and perused the judgment of the High Court Division and other connected papers. 7. It is not disputed that the suit plot Nos. 1662 , 1600, 1596, 1606 1350 and 1410 of mouza Araisha Proshad, Dis..Category: Property Law | Date: | Hits: 42
Export Promotion Bureau and another Vs. Md. Nazmul Hossain and others, 2004, 33 CLC (AD)
....as granted to consider the submissions of the learned Counsel for appellants that the allegations made in the Writ Petition having been denied by the Writ-respondents the same become the disputed questions of fact which could not be decided in the writ jurisdiction and accordingly the ..Category: Employment/Service Law | Date: | Hits: 105
Monzur Rahman Khan Vs. Mst. Tahera Parvin and others, 2003, 32 CLC (AD)
....9, which provides that nothing in this section shall apply to a transfer made to a co-sharer in the Tenancy whose existing interest has accrued otherwise than by purchase. It appears that the disputed transfer was by Heba and not by purchase. Therefore, the prayer of the appellant must fail..Category: Property Law | Date: | Hits: 33
Mossammat Khursheda Jahan Vs. Jahan Syada Shafinaz and others, 2002, 31 CLC (AD)
....The pre-emptor respondents are the daughters of Syed Siddique Hossain who never executed any power of attorney. On 4.7.1974 the said attorney executed and registered a deed of agreement to sell the disputed land of the kabala in favour of the pre-emptee appellant. Subsequently, when the attorney ..Category: Property Law | Date: | Hits: 35
Dr. Md. Rashidul Islam Vs. Morsheda Parveen, 2005, 34 CLC (AD)
....te-on-record for the appellant and Kazi Shahadat Hossain, the learned Counsel for the respondent and perused the judgment of the High court Division and other connected papers. 8. It is not disputed that the plaintiff appellant married the defendant respondent on 14.12.1988 and out o..Category: Family Law | Date: | Hits: 161
Mobinnessa and ors. Vs. Khalilur Rahman & ors., 1985, 14 CLC (AD)
....nd of maintainability….(6) When the stranger's property is included in a suit the "stranger" must be impleaded as a party, for a person having any interest or share in the disputed property cannot be avoided by simply branding him a stranger………&helli..Category: Property Law | Date: | Hits: 40
Begum Khodeza Akhter Vs. Hajera Khatun & ors., 1985, 14 CLC (AD)
....ection 24 Pre-emption In pre-emption cases under section 24 of the Non-Agricultural Tenancy Act, 1949, the central point of controversy between the contending parties was whether the disputed jama was actually separated by an order of a competent revenue authority as claimed by the..Category: Property Law | Date: | Hits: 35
Abdul Matin Chowdhury Vs. Chapala Rani Sen and others, 1984, 13 CLC (AD)
....n erred in law in the interfering with the finding of the Court below in second appeal. ………………………(17) The Evidence Act, 1872 (I of 1872) Court itself is competent to compare a disputed handwriting or signature of a person with his admitted writing or signature to come to a co..Category: Property Law | Date: | Hits: 40
Reazuddin & ors. Vs. Jatindra Kishore Malaker and others, 1984, 13 CLC (AD)
....Act was not complied with. The learned fudge of the High Court Division did not reverse the finding of the Courts below that the appellants were in possession of the case land, when the disputed record was prepared. 10. The High Court Division reversed the decision of the Cour..Category: Property Law | Date: | Hits: 28
Md. Moshahaq Ali Mia & ors. Vs. Rabeya Khatun and anr., 1985, 14 CLC (AD)
....appellant. Plaintiff-respondent instituted a suit under section 77 of the Registration Act. Plaintiff’s case was that the defendant No.1 entered into a contract with the plaintiff to sell the disputed land and in pursuance of that contract defendant No.1 executed a sale deed in favour ..Category: Property Law | Date: | Hits: 25
Bangladesh Vs. KM Zaker Hossain and others, 2002, 31 CLC (AD)
....contract was pending and that he (respondent No.1 herein) filed Case No. 397 of 1989 before the Court of Settlement and that the respondent No.4 (attorney) also filed Case No.160 of 1987 claiming the disputed property as his own and the court of Settlement by the judgment and order of May 6, 1987 di..Category: Property Law | Date: | Hits: 40
Moudud Ahmed and others Vs. Md Anwar Hossain Khan (dead) and others, 2007, 36 CLC (AD)
....ntions of the respondents that the writ petition so filed was not maintainable and that a writ petition of mandamus does not lie against the respondents and the writ petition so filed involves disputed question of facts and, as such, not maintainable. 12. It is seen from the judgment..Category: Constitutional Law | Date: | Hits: 147
Md. Jasimuddin Sarker Vs. State, 2008, 37 CLC (AD)
....petitioner was but available but the police after investigation submitted charge sheet against the petitioner. The petitioner was a lessee under the Government and he also was in possession in the disputed property, The petitioner was paying rent to the Government and subsequently he has pur..Category: Criminal Law | Date: | Hits: 64
Chittagong City Corporation Vs. Executive Engineer, Public Works Dept, Chittagong, 2008, 37 CLC (AD)
....and the impugned judgment and order of the High Court Division and other papers on record. 11. It appears that the High Court Division found that the subject matter of the writ petition is a disputed question of facts and the violation of contract which can be adjudicated in the civil cou..Category: Civil Law | Date: | Hits: 113
Md. Ashraful Alam Vs. Md. Nazrul Islam, 2008, 37 CLC (AD)
....ich was not at all considered by the trial Court, inasmuch as, the plaintiff did not deny that she did not put her thumb impression on the deed rather she admitted the thumb impression on the disputed deed as her own thumb impression but she stated that those taken without under standing th..Category: Procedural Law | Date: | Hits: 77
Vickchand Miah and others Vs. Khurshida Khatun & ors., 1996, 25 CLC (AD)
....ion of the evidence the learned Munsif found the deed of heba-bil-ewaj to be genuine one. He then noticed utter discrepancy of evidence regarding the time, place and manner of execution of the disputed kabala and also the facts that the defendants refrained from getting the kabala registere..Category: Property Law | Date: | Hits: 40
Danish Ali & others Vs. Mrs. Sakina Bai & ors., 1998, 27 CLC (AD)
....efendant respondent the full relief in a summary manner without giving any opportunity to the plaintiffs to place their case in support of the trial court's order. 8. On consideration of the disputed question raised by both the parties the trial court in the interest of a fair settlem..Category: Procedural Law | Date: | Hits: 96
Nurun Nabi Mullah and others Vs. Abdul Karim alias M.A. Karim and others, 2005, 34 CLC (AD)
....sp; 685 was requisitioned and it was not acquired at any time and as such at all time title remained with the plaintiffs' vendor. 14. The learned Counsel appearing for the Respondent No. 1 has not disputed the fact that the land requisitioned upon initiating L.A. Case No. 91 of 1957-1958 has not ..Category: Property Law | Date: | Hits: 45
Govt. of Bangladesh and ors. Vs. Barekunnessa and ors., 1998, 27 CLC (AD)
....ettlement Case No. 2014 of 1984-85 on 8.7.85 is illegal, void and not binding upon the plaintiffs. 2. Plaintiff-respondent Nos.2 and 3 instituted the aforesaid suit stating, inter alia, that the disputed land originally belonged to Monu Miah who subsequently by a deed of gift dated 7.12.69 tran..Category: Tenancy Law | Date: | Hits: 124