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Omed Ali Sikder Vs. Arman Sikder and others, 1979, 8 CLC (AD)

....tion are set aside and the learned Subordinate Judge is directed to dispose of the matter in the light of the ob­servations made above. Ed. This Case is also Reported in: 31 DLR (AD) (1979) 320.......een possessing their respective shares amicably necessity of final decree did not arise and as such application for draw­ing up of final decree became necessary because in the meantime the landlords interests were acquired by the Government and the revisional settlement operation started. As the su..

Category: Property Law | Date: | Hits: 78

Abul Kashem and another Vs. Begum Khodeja Akhtar & others, 1979, 8 CLC (AD)

....t and decree under appeal are set aside; and the case is remanded back to the lower appellate Court for disposal in accordance with law. Ed. This Case is also Reported in: 31 DLR (AD) (1979) 316.......away the aus paddy grown by the plaintiffs from the schedule 1 land. The defendants created a false and forged registered sale deed, dated 5.9.68 allegedly executed by Sonaullah, hav­ing no saleable interest in the land and as such the defendant acquired no title or possession of the land. 3. De..

Category: Property Law | Date: | Hits: 79

Christian Service Society (CSS) Vs. First Labour Court, Chittagong and others, 2008, 37 CLC (HCD)

....itted illegality in deciding the case beyond its jurisdiction. Accordingly, the Rule is made absolute without any order as to cost. Ed. This Case is also Reported in: 63 DLR (HD) (2011) 125. ...... registration and Commencing its business as in no way affects the public in general or a partic­ular group of respondent No.1, he has no right to come with the writ petition in the nature of public interest litigation. It is seen from the materials on record that the Registrar of Joint Stock Compa..

Category: Labour and Industrial Law | Date: | Hits: 201

Bangladesh Bank and another Vs. Sukamal Sinha Choudhury and another, 2011, 40 CLC (AD)

....ted earlier be extended till disposal of the appeal. This interim order shall not effect in any way retirement benefit of the respon­dent. Ed. This Case is also Reported in: 9 ADC (2012) 218.......h Bank having been found by, the High Court Division inappli­cable by treating the right to promo­tion of an employee being a vested right in the old evaluation system and further upholding private interest of employees (allowing an antedated promotion and seniority with finan­cial benefits) is t..

Category: Employment/Service Law | Date: | Hits: 211

Nur Mohammad Bhuiyan and others Vs. Aysha Khatoon and others, 2011, 40 CLC (HCD)

....ated 8.11.1986 of the Munsif (now Assistant Judge), First Court, Chandpur in Title Suit No. 51 of 1983 are restored. Send down the lower Courts’ records. Ed. This Case is also Reported in: ......86 allowing the same and thereby reversing those dated 8.11.1986 passed by the Munsif (now Assistant Judge), First Court Chandpur in Title Suit No. 51 of 1983. 2. The petitioners’ predecessor-in-interest Shahidullah Bhuiyan instituted Title Suit No. 51 of 1983 in the First Court of Munsif, Chan..

Category: Property Law | Date: | Hits: 87

Md. Hanif Talukder and others Vs. Paschim Kawniya Khan Bari Jame Masjid and others, 2011, 40 CLC (HCD)

....ithin six months from receipt of the judgment. No further adjournment shall be allowed at the instance of the added-defendants. Faruque Ahmed J. - I agree. Ed. This Case is also Reported in: ......such they (petitioners) could not turn up to the Court immediately after purchase of the land. Defendant Nos. 9 and 10 by selling their land to the petitioners and others extinguished their right and interest in the suit land and therefore, they may not be interested to contest the suit. 4. On th..

Category: Procedural Law | Date: | Hits: 77

Shahidullah Shaik and others Vs. Atahar Shaik and others, 2011, 40 CLC (HCD)

.... the Rule. In the result, the Rule is discharged. The order of stay granted at the time of issuance of Rule is vacated. Communicate a copy of the judgment. Ed. This Case is also Reported in: ......udge, Moksedpur, Gopalgonj in Miscellaneous Case No. 17 of 1995 rejecting the same. 2. Facts relevant for disposal of the Rule, in short, are that opposite party Nos. 1-16 and their predecessor-in-interest instituted Title Suit No. 58 of 1993 on 15.5.1993 in the Court of Senior Assistant Judge, M..

Category: Procedural Law | Date: | Hits: 74

Sree Binoy Krisna Saha and others Vs. Sree Reboti Mohon Saha and others, 2011, 40 CLC (HCD)

....rty to call for any document, recall or re-examine the witnesses and take additional evidence, if it is so required. Send down the lower Courts’ records. Ed. This Case is also Reported in: ......31.5.1994 of the Subordinate Judge (now Joint District Judge), First Court, Bogra passed in Other Suit No. 237 of 1982 and remanding the suit to the trial Court. 2. The plaintiffs [predecessors-in-interest to opposite party Nos. 1(a)-3(c)] instituted the suit for declaration and partition on the ..

Category: Property Law | Date: | Hits: 66

M/S. G. K. Brothers and another Vs. M/S. Imperial Chemical Industries Bangladesh Limited, 2011, 40 CLC (HCD)

....he suit land in favour of appellants through court. The office is directed to send down the lower Court’s record at once. Md. Rais Uddin J. - I agree. Ed. This Case is also Reported in: ......85 by filing a receipt. It was the further case of the defendant appellants that after passing the judgment and decree by the Supreme Court (Appellate Division) the plaintiff was ceased to retain any interest in the suit property and as such the defendant No. 1 and 2 were added as party in HRC case ..

Category: Property Law | Date: | Hits: 113

Mst. Samrun Bibi alias Shaharan Bibi and others Vs. Md. Habibur Rahman and others, 2011, 40 CLC (HCD)

....t. No further adjournment will be allowed at the instance of the substituted defendants. Communicate a copy of the judgment. Faruque Ahmed J. - I agree. Ed. This Case is also Reported in: ......2 before the Joint District Judge, Second Court, Dhaka for specific performance of contract in respect of a property (as described in schedule of the plaint) impleading one Surjat Ali, predecessor-in-interest to the petitioners as principal defendant. 3. The said Surjat Ali during his lifetime ha..

Category: Property Law | Date: | Hits: 67

S. M. Basiruddin Vs. Zahurul Islam Chow­dhury and another, 1982, 11 CLC (AD)

....e appeal is allowed with cost, the orders allowing pre­emption are set aside and the application for pre-emption is dismissed. Ed. This Case is also Reported in: 35 DLR (AD) (1983) 230. ......of Subordinate Judge, Dacca for partition and by the decree passed in the suit Akshoy Kumar Saha Banik got 1/3rd share and Rangubala got the remaining 2/3rd share. One Nafisa Khatun by purchasing the interest of Akshoy Kumar Saha Banik by a registered deed of sale dated 19-7-52 became co-sharer of R..

Category: Property Law | Date: | Hits: 85

Wali Ullah Vs. Shaheda Begum and others, 2011, 40 CLC (HCD)

....ged, however, without any order as to costs. The order of stay passed at the time of issuance of the Rule, is vacated. Communicate a copy of this judgment. Ed. This Case is also Reported in: ......Rafiqur Rahman, the learned Advocate appearing for the defendant-petitioner submits that he finds difficulty to support the Rule as the order of appointment of receiver, would not affect any material interest of either parties. 6. The Court, as a general rule, does not appoint a receiver in a par..

Category: Civil Law | Date: | Hits: 130

Nurul Islam and others Vs. Arif Ullah and others, 2012, 41 CLC (HCD)

....Accordingly the Rule is discharged. The order of status quo granted earlier at the time of issuance of Rule is vacated. Communicate a copy of the judgment. Ed. This Case is also Reported in: ......o.108 of 1979 for specific performance of contract in respect of 1.22 acres of the suit land, which was dismissed. The Subordinate Judge thus found that the plaintiffs have not acquired any right and interest as yet in the suit land to the extent of 1.22 acres. Learned Judge also observed that there..

Category: Property Law | Date: | Hits: 70

Md. Shahar Ali and others Vs. Sree Sailesh Chandra Sen and others, 2012, 41 CLC (HCD)

.... the Rule is discharged. The ad interim order of status quo passed earlier at the time of issuance of the Rule is vacated. Communicate a copy of the judgment. Ed. This Case is also Reported in: ...... took settlement of the suit land and possessed the same for more than twelve years. Thereafter, the said Ram Joy Sarker transferred the suit land to Hiran Chandra and Suresh Chandra, predecessors-in-interest to the plaintiffs. Earlier they had instituted Other Class Suit No. 38 of 1988 in the Court..

Category: Property Law | Date: | Hits: 84

Md. Masuk Miah and others Vs. Md. Foyzur Rahman and others, 2012, 41 CLC (AD)

.... pre­pare the paper books out of Court in accordance with Rule. The order of stay granted earlier is extended till disposal of the appeal. Ed. This Case is also Reported in: 9 ADC (2012) 242.......d by judgment and decree dated 30.06.2003 mainly on the reasoning that defendant No.1 and his son Masuk Miah were the witnesses in the said kabalas (Bxhibit-6 series) and as such they had no title or interest over the suit land. 7. Being aggrieved by the said judgment and decree of the appellate ..

Category: Property Law | Date: | Hits: 87

Zillul Haq and others Vs. Maloti Bala Dey & others, 1998, 27 CLC (HCD)

.... for his perusal and necessary action. The order of stay earlier granted by this Court stands vacated. Send down the LCR at once. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 367.......uch, the suit property has become enemy property and subsequently vested property by operation of law. It was also contended that the will in question is false and fabricated and the plaintiff has no interest and possession in any portion of the suit property. It was further contended that the plain..

Category: Property Law | Date: | Hits: 88

Chandi Proshad Dhar Vs. Bibha Rani Dhar & Others, 1996, 25 CLC (HCD)

.... substance in this Rule. The Rule is discharged without cost. Order of stay passed at the time of issuance of the Rule is hereby vacate Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 355.......tion of party and hence this Rule. 4. Mr. Gour Gopal Saha, learned Advocate for the opposite parties, in reply submits that a person can only be added in terms of the said clause (c), if he claims interest in the property in question through the testator and cites a decision reported in 35 DLR (A..

Category: Property Law | Date: | Hits: 70

Mokthar Masum Abedin and others Vs. Nironjan Kumar Mondol and others, 1997, 26 CLC (HCD)

.... two thousand) only to the plaintiff-opposite- party. Stay granted by this Court at the time of issuance of the Rule stands vacated. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 341......., rule 10 read with section 151 of the Code of Civil Procedure to be impleaded as defendants in the suit raising the contentions that the transferor-defendants having extinguished their right, title, interest and possession over the suit land by way of different sale deeds in their favour, they are ..

Category: Procedural Law | Date: | Hits: 74

Ziauddin Ahmed Vs. Bangladesh,1994, 23 CLC (HCD)

.....92 issued by the respondent No. 1 under the signature of respondent No. 3 to be without any lawful authority and is of no legal effect. Ed. This Case is also Reported in: 47 DLR (HCD) (1995) 29.......t conveying the reasons of non issuance of passport and without giving an opportunity of hearing him, refused to issue passport to him. The order is mala fide and has been passed at the behest of the interested persons without application of mind. The impugned order is absolutely void being violativ..

Category: Constitutional Law | Date: | Hits: 238

Mayurer Nessa and others Vs. Julekha Khatoon and others, 1994, 23 CLC (HCD)

....ees of the Courts below are modified and the suit is decreed in part in preliminary form in terms of compromise petition dated 4.3.1964. Ed. This case is also Reported in: 47 DLR (HCD) (1995) 26....... the jote. According to the plaintiffs, plaintiff No. 14 is the purchaser from the plaintiff No. 2. The plaintiffs claimed that other recorded tenant of the suit khatian was Alabuddin, predecessor-in-interest of defendant Nos. 1‑19, and defendant Nos. 20‑23 are purchasers from the said defendant..

Category: Procedural Law | Date: | Hits: 85