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Category: Others | Date: | Hits: 146
Suratjan Bewa Vs. Md. Abdul Mannaf and others, 2006, 35 CLC (HCD)
....aid by the defendant No. 1. The plaintiff petitioner now asserts that it was disclosed that the defendant No. 1 took an ailing Anfar Uddin to Tarail Bazar onthe pretext of treatment and obtained that disputed deed fraudulently in collusion with officials at the Sub-Registrar's Office by "forging" An......e in the Rule issued. In the result, the Rule is discharged. There is no order as to costs. Send down the Lower Court Records at once. Ed. This Case is also Reported in: 58 DLR (2006) 400...Category: Property Law | Date: | Hits: 82
Aftab Ali Sheikh (Md.) Vs. Director, Land Records and others, 2006, 35 CLC (HCD)
....ade and passed illegally and without lawful authority and to be of no legal effect. The stay granted earlier by this court is hereby vacated. Ed. This Case is also Reported in: 58 DLR (2006) 397.......9 in respect of the case lands were disposed of on 21-12-1999 vide Annexure A in favour of the petitioner by the Settlement Officer under Rule 31 of the Tenancy Rules, 1955 and thereby creating a new khatian in the name of the petitioner and this shows that the order of the appellate authority has a..Category: Property Law | Date: | Hits: 62
Nasima Akhter Banu Vs. Abu Taher Masud and others, 2006, 35 CLC (HCD)
....he plaintiffs case, in brief, is that the suit land originally belonged to Golam Nabi Sowdagar from whom she inherited her respective share in the suit property; that out of 4.28 acres of land of the disputed Khatian No. 1247 of 1977, Golam Nabi Sowdagar mortgaged 1.60 acres of land in favour of Abd......ed earlier by this Court is hereby vacated. Communicate the order at once with a copy of the judgment for information and necessary action. Ed. This Case is also Reported in: 58 DLR (2006) 370. ..Category: Procedural Law | Date: | Hits: 99
Alauddin (Md.) Vs. State and others, 2005, 34 CLC (HCD)
....gravity of the nature of the case on attachment appointed the Officer-in-Charge of Mirsarai Police Station as receiver and receiver is none but a police officer and he cannot be dispossessed from the disputed property since he has authority to arrest anyone and send him to jail and also prosecute hi......in that dale and also agreed that they will not ask for any adjournment until it is required on emergency. Communicate the order at once. Ed. This Case is also Reported in: 58 DLR (2006) 364...Category: Criminal Law | Date: | Hits: 55
Ismail Howlader and others Vs. State, 2006, 35 CLC (HCD)
....apon supported by a lathi/stick or lathi), that convict appellant Ali Hossain had a lathi in his hand, though he did not assault the victim. But Ali Azim and Akbar assaulted him. He admitted that the disputed boat belonged to convict appellant Ismail. 20. PW 7 Jakir Hosain of village Sutalari sta......nowara Begum who were granted bail earlier by this Court stand discharged from the bail bond if furnished any. Send down the LCR at once. Ed. This Case is also Reported in: 58 DLR (2006) 335...Category: Criminal Law | Date: | Hits: 43
Nil Sen Singh Vs. Radha Mohan Singh and others, 2006, 35 CLC (HCD)
....tle Suit No. 2 of 2003 is set aside. The judgment and decree dated 30-1-2003 of the trial Court is affirmed. Send down the LCR at once. Ed. This Case is also Reported in: 58 DLR (2006) 329. ......f land. 10. At the trial, the plaintiff examined 4 witnesses, while the defendant examined 5 witnesses in support of their respective contention. 11. The plaintiff filed the certified copies of khatian No. 292 whereas the contesting defendant filed different power of attorney, registered deeds..Category: Property Law | Date: | Hits: 75
Noorjahan Ahmed and others Vs. Tarifuddin Ahmed, 2003, 32 CLC (HCD)
....ps for reconstruction of the record of the other suit No. 105 of 1983. There shall be no order as to cost. Send down the records at once. Ed. This Case is also Reported in: 58 DLR (2006) 326.......ps for reconstruction of the record of the other suit No. 105 of 1983. There shall be no order as to cost. Send down the records at once. Ed. This Case is also Reported in: 58 DLR (2006) 326...Category: Property Law | Date: | Hits: 83
Abdur Rashid Salam Vs. Md. Moniruzzaman, 2005, 34 CLC (HCD)
....owering the Court to reject the plaint for 4(four) reasons as quoted above. The Court has rejected the plaint exercising its power given in clause (a) of rule 11 of Order VII of the Code. This is not disputed that Court may reject the plaint under clause (a) on a plain reading of the plaint itself w......o granted earlier by this court is also vacated. Send down the lower court records at once if already received by the office of this Court. Ed. This Case is also Reported in: 58 DLR (2006) 298. ..Category: Procedural Law | Date: | Hits: 90
Kabir Ahmed Sawdagar Vs. Md. Syed Saifuddin Jaheed and others, 2006, 35 CLC (HCD)
....aside and the original suit being Miscellaneous Appeal No. 76 of 1992 be restored to its original file and number. Ed. This Case is also Reported in: 58 DLR (2006) 277, 26 BLD (HCD) (2006) 388. ...... possession and partition in the First Court of Subordinate Judge, Sadar, Chittagong. 3. The short facts relevant for the purpose Of this case are that the suit land belonged to Md. Ibrahim and RS khatian was prepared in his name who died leaving 3(three) sons and 3(three) daughters and a widow w..Category: Property Law | Date: | Hits: 115
Kazi Rashed Akhter Shahid (Prince) Vs. Rokshana Choudhury (Sanda), 2006, 35 CLC (HCD)
.... wives should be ordered either to give maintenance to their wives or divorce them. It was further directed that in the event of divorce, they should also remit arrears of past maintenance. It is not disputed that no exception was taken to this direction of Caliph Umar. 35. Upon the consideration......of stay granted at the time of issuance of the Rule is hereby recalled and vacated. Send down the LCR at once. Ed. This Case is also Reported in: 58 DLR (2006) 271, 26 BLD (HCD) (2006) 613. ..Category: Family Law | Date: | Hits: 184
MA Salam Vs. Additional District Judge & Dewlia Adalat, Chittagong and another, 2005, 34 CLC (HCD)
....th law and, as such, no interference is called for. Mr. Siddique submits that dismissal of the plaint involves both question of law and fact and since the Court in writ jurisdiction cannot decide the disputed question of fact on an application without proceeding under section 27 of the Act, there is......nal District Judge and Bankruptcy Court, Chittagong in Bankruptcy Case No. 6 of 2000 is declared to have been passed with lawful authority. Ed. This Case is also Reported in: 58 DLR (2006) 258. ..Category: Civil Law | Date: | Hits: 131
Dhaka Leather Complex Ltd. Vs. Sikder Construction Ltd. and another, 2009, 38 CLC (AD)
....der passed by the High Court Division is wholly illegal and not in accordance with law and it suffers from legal infirmity and the same is liable to be set aside. 10. The facts of the case are not disputed. The respondent filed an application on 04-08-1999 under Section 14(2) of the Arbitration A......ost. The impugned judgment and order dated 18-08-2003 passed by the High Court Division in First Appeal No. 255 of 2002 is hereby affirmed. Ed. This Case is also Reported in: 8 LG (AD) (2011) 75...Category: Alternative Dispute Resolution | Date: | Hits: 187
Abi Abdullah (Md.) and others Vs. Government of Bangladesh, 2005, 34 CLC (HCD)
.... petitioners are concerned. In the result, the Rule is made absolute so far as it relates to the petitioners without any order as to costs. Ed. This Case is also Reported in: 58 DLR (2006) 250. ......ected them to take necessary steps for processing the diluvion and alluvion land and that all land already diluviated and alluviated shall vest in the Government and, as such, be recorded in the Khas-khatian of the government. The petitioners are aggrieved by the impugned circular/order because it i..Category: Property Law | Date: | Hits: 99
Abdul Mannaf (Md.) Vs. Md. Sohrab Ali Akand & others, 2005, 34 CLC (HCD)
....ge, Trishal, Mymensingh in Miscellaneous Case No. 49 of 2000 (pre-emption) disallowing the pre-emption. 2. The case of the pre-emptor-appellant opposite party Md. Sohrab Ali, in brief, is that the disputed land belonged to opposite party No. 2 Haji Md. Kazimuddin Akand who sold the same measuring......th the impugned judgment and order. Accordingly, the Rule is discharged without any order as to costs. Send down the LC Records at once. Ed. This Case is also Reported in: 58 DLR (2006) 242. ..Category: Property Law | Date: | Hits: 91
Tahera Begum and others Vs. Mizanur Rahman (Md.) and others, 2004, 33 CLC (HCD)
....nullity and such decree could not be executed in law. In support, he cited Aminullah Bhuiyan and others Vs. Abdul Hafiz and others, 1981 BCR (AD) 131 = 33 DLR (AD) 282. 12. The facts which are not disputed are that Md. Moshin Khan on 9-5-96 got the preliminary decree on contest against defendant ...... in Title Suit No. 12 of 2002 staying all further proceedings of Title Execution Case No. 1 of 2002 is hereby set aside. Communicate at once. Ed. This Case is also Reported in: 58 DLR (2006) 224...Category: Property Law | Date: | Hits: 72
Rafique Ullah (Md) Vs. Badsha Alam and others, 2005, 34 CLC (HCD)
....998, submits that the deed in question under the pre-emption proceeding was, in fact, a deed of mortgage but due to mistake the kabala was written as a sale deed and thereafter the vendor of the said disputed kabala instituted Title Suit No. 30 of 1998 before filing the pre-emption case and ultimate......tly submits that the pre-emptee-petitioner did not raise any specific objection with regard to the defect of parties by giving necessary particulars of the remaining co sharer tenants in the disputed khatian. Mr. Bhuiyan referring the judgment of the trial Court submits that on 30-1-2001 the trial C..Category: Property Law | Date: | Hits: 67
Badel Alam Howlader Vs. Falu Dewan and others, 2004, 33 CLC (HCD)
....ly within a period of 3 (three) months from the date of receipt of this order. Communicate the order and send down the lower Court records. Ed. This Case is also Reported in: 58 DLR (2006) 218. ......ly within a period of 3 (three) months from the date of receipt of this order. Communicate the order and send down the lower Court records. Ed. This Case is also Reported in: 58 DLR (2006) 218. ..Category: Property Law | Date: | Hits: 66
AHM Khurshed Ali & others Vs. Md. Hashem Ali and others, 2006, 35 CLC (HCD)
....l Procedure was moved on 6-3-2005 praying for an order restraining the said defendant from interfering with the possession or otherwise dispossessing the tenants of the plaintiff-petitioners from the disputed property, but the learned Joint District Judge after hearing the petitioner by his order da...... so advised. The reference is thus disposed of a copy of this judgment may be sent to the concerned Ministries. Ed. This Case is also Reported in: 58 DLR (2006) 211, 26 BLD (HCD) (2006) 114. ..Category: Procedural Law | Date: | Hits: 90
Ziaul Hoque Chowdhury (Md.) Vs. State and another, 2005, 34 CLC (HCD)
....than for contradicting him, which is not possible, as he has succumbed to the injuries. If we treat this statement as dying declaration it is difficult to use the same as such since the informant has disputed the correctness of the statement of the maker stating that the investigating officer has re......order is set aside. The learned Additional Sessions Judge is directed to proceed with the case in the light of the observations made above. Ed. This Case is also Reported in: 58 DLR (2006) 193. ..Category: Criminal Law | Date: | Hits: 49