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MA Jahangir & another Vs. Abdul Malek & others, 1989, 18 CLC (HCD)
....e reasons stated above, I do not find of the any substance in this Rule. The Rule is discharged. There will be no order as to costs. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 389. ...... of amendment of the plaint, acceptance of valuation put on the plaint and for direction to file replies to the interrogatories made by the Subordinate Judge in a suit for declaration that the suit property is a Waqf property and the plaintiff is Mutualli. 2. The learned Advocate for the petiti..Category: Procedural Law | Date: | Hits: 133
Syed Ashfaque Hossain & others Vs. Bangladesh, 1989, 18 CLC (HCD)
....s of the petitioners to the extent of 5.80 acres as it originally stood. The Rule in Contempt Petition No.3 of 1987 is discharged. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 364. ......e aforesaid Khatian originally belonged to Syed Ashraf Ali, the father of respondent No.4, and Syed Ashraf Ali gifted the same to his wife Syeda Aktarunnessa Khanam in lieu of her dower. The said property was sold in auction for arrears of rent and was purchased by Keramat Ali when Syed Ashraf A..Category: Property Law | Date: | Hits: 129
Al-haj Mirza Shamsuddin Beg and others Vs. Bangladesh & another, 1989, 18 CLC (HCD)
....they should pay the costs in the Rules. In the result all the Rules Nisi are made absolute with costs against the respondent No.2. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 356.......Division Bench held that the question of encroachment arises only in circumstances when someone is in lawful possession of a particular premises but makes an unlawful extension thereof on municipal property. It was held therefore that the impugned notices were not attracted by section 143 of the..Category: Property Law | Date: | Hits: 145
....nd the Judgment and decree passed by the trial Court are hereby affirmed.
Send down the LC records immediately to the trial Court.
Ed.
This Case is also Reported in: 48 DLR (HCD) (1996) 193.
......reeing the suit in favour of the plaintiff.
2. Respondent No.1 being plaintiff instituted the aforesaid Title Suit for declaration of title and also for a declaration that the treating of the suit property as vested and non-resident property is illegal and without jurisdiction. It is the case of ..
Category: Property Law | Date: | Hits: 134
Mathura Mohan Pandit Vs. Hazera Khatun, 1994, 23 CLC (HCD)
.... but when he had no jurisdiction the question of exercise of Jurisdiction does not arise. In the result the Rule is made absolute. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 190. ...... in Order 47, rule 1 and that therefore the Court was not incompetent to reconsider the matter after the Judgment if it so desired.” 7. The aforesaid observation was made in a case where certain property situated in Calcutta City was compulsorily acquired. The said, property was leased out to t..Category: Civil Law | Date: | Hits: 157
Judges of the High Court Division Vs. Ashok Kumar Karmaker, 1995, 24 CLC (HCD)
....g, printing, editing and publishing the same. 2. On the prayer of the learned Advocates hearing of the Rule till April 12, was adjourned with a direction upon the contemners to be present in Court personally. On April 4, 1995, Mr. Serajul Huq, Assistant Attorney‑General appeared for the petitio......udgment be sent to the Ministry of Law, Justice and Parliamentary Affairs of the Government of the People’s Republic of Bangladesh. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 179. ..Category: Criminal Law | Date: | Hits: 149
Israil (Md.) Hossain Vs. Shah Iqbal Ahsan and others, 1995, 24 CLC (HCD)
....iable to be discharged. Accordingly, the Rule is discharged without any order as to costs. The stay order granted earlier is vacated. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 173. ...... Court of Assistant Judge) for returning the plaint of the suit along with vokalatnama for presentation to the proper Court i.e. in the Court of 3rd Assistant Judge, Dhaka on the ground that the suit property was situated within the territorial jurisdiction of the latter Court. On 25.8.93, according..Category: Procedural Law | Date: | Hits: 125
Hafiz Ahmed Vs. Ahmedur Rahman and others, 1995, 24 CLC (HCD)
....llowing the pre‑emption are set aside. The pre‑emption case is dismissed. No order as to costs. Send down the records at once. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 170. ......stator donor, or of any relation by consanguinity within three degrees of the testator of donor." Transfer in question was made on 31.1.80. Opposite party 1 had validly and legally transferred the property in question by way of gift by Ext. A to her husband opposite party 2 on 7.4.80. It was endo..Category: Property Law | Date: | Hits: 127
Bangladesh General Insurance Co. Ltd. Vs. Chalna Marine Products Co. Ltd., 1999, 28 CLC (HCD)
....himself on cross-examination. The exhibits referred to above were made and written to different persons by the plaintiff disclosing the date and time of the occurrence of power failure fresh from his personal knowledge and memory and in those exhibits the date of power failure was clearly mentioned ......sult, the FA No.129 of 1995 is dismissed without any order as to costs. Send down the lower Court records of both the suits at once. Ed. This Case is also Reported in: 51 DLR (1999) (HCD) 357...Category: Business or Commercial Law | Date: | Hits: 522
Ayat Steels Limited Vs. Mohammad Ali, 2011, 40 CLC (HCD)
....ertificate from the Sub Registry office, thereafter on 30-11-2009 the sale deed in respect of the said land was executed by Capital Ship Breakers Ltd. in favour of the appellant Ayat Steels Ltd. upon personal appearance of the three executants before the Sub-registrar's office for the purpose of......the Respondents 1-3. First Miscellaneous Appeal No.137 of 2010 with Civil Rule No.421 (fm) of 2010. Judgment Nozrul Islam Chowdhury J.- This appeal has a chequered story to tell. The property involved in the suit being Other Class Suit No.3 of 2010 was mortgaged by Capital Ship Brea..Category: Civil Law | Date: | Hits: 235
Sona Mia Vs. Md. Zakaria & others, 1988, 17 CLC (HCD)
.... is quashed. But this will not debar the competent Court to make any complaint in accordance with law if it is thought to be necessary. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 433.......onestly created a bainapatra allegedly executed by complaint's father Al-haj Abdul Latif on 5.1.73 in favour of accused Sona Mia by forging the signatures of Abdul Latif and with a view to grab the property of Abdul Latif used the said bainapatra as Ext.A in Title Suit No.482 of 1984 instituted by..Category: Criminal Law | Date: | Hits: 107
Abul Hashem Khan & others Vs. Md. Shamsuddin Khan & others, 1989, 18 CLC (HCD)
....e said firm was renamed as M/s. Bangladesh Aluminium and Iron Manufacturing Company which was previously known as M/s. East Pakistan Aluminium and Iron Manufacturing Company. The defendant No.1 had personal acquaintance with plaintiff No.1 whom he gave personal loan of Tk.45,000/- on different occ......e according to the plaintiffs defendant No.1 entered into the alleged oral contract in the middle of June, 1973 which means that the defendant No.1 as a partner of the partnership firm dealt with the property of the firm as his own. In AIR 1966 SC 1300 the question was whether one partner could deal..Category: Business or Commercial Law | Date: | Hits: 349
Muzaffar Ali and another Vs. Monwara Hospital & others, 1997, 26 CLC (HCD)
....lier by this Court on 8-5-95 is hereby vacated and the learned Court below is directed to proceed with the suit in accordance with law. Ed. This Case is also Reported in: 51 DLR (1999) (HCD) 341.......a. The case of the plaintiff opposite party No.1, in short, is that the principal defendant Nos. 1 and 2 on 6-3-80 entered into a written agreement with the plaintiff for out and out sale of the suit property to the plaintiff for a consideration of Taka 30,00,001.00. Subsequently, the consideration ..Category: Procedural Law | Date: | Hits: 121
Abdul Kader Vs. Abdullah and others, 1998, 27 CLC (HCD)
....ordingly, the Rule is made absolute. The judgment and decree of the appellate Court is set aside. The suit is dismissed. No costs. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 435. ......n in the case of Benzir Ahmed Vs. Debendra Chandra Saha and others, reported in 4 BLT 150, wherein the Appellate Division held in para 3 that in a suit for declaration of title mere possession of the property is not sufficient unless the plaintiff can produce a document of title showing his acquisit..Category: Property Law | Date: | Hits: 105
Nurjahan Begum Vs. Government of the Peoples Republic of and others, 1998, 27 CLC (HCD)
.... 2-9-87 (Annexure H) and the notice dated 24-10-1987 (Annexure-J) within one month from the date of receipt of this judgment and order. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 426.......d to have been made without any lawful authority and of no legal effect. 2. At the time of the issuance of the Rule the parties were directed to maintain status-quo in respect of possession of the property. 3. The short facts relevant are that CS Plot No.1009 measuring an area of 0.60 acre of ..Category: Property Law | Date: | Hits: 156
Muklesur Rahman (Md.) Vs. Waziullah, 1998, 27 CLC (HCD)
....eferably within 3 months from the date of receipt of this order. Let a copy of this order be sent to the court below at once. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 418.......ed ex-parte. The learned Advocate for the opposite party contends that he has been in possession of the suit premises as a tenant under the Government as the same was declared vested and non-resident property. He further contends that he did not get any opportunity in filling written statement in Ti..Category: Procedural Law | Date: | Hits: 131
....usiness independently, without help from others and has been advised by his doctor to curtail his business activities and reside in a peaceful area to avoid tension. In May/June, 1981, defendant No.1 personally met the plaintiff along with Syed Masud Ali and requested him to take back taka one lac p......e deceased) which is a residential house in Dhanmondi residential area (Road 15A) in the city of Dhaka, belonged to defendant No.1 Md. Yousuf, who, being in urgent need of money, proposed to sell the property to the plaintiff for a sum of Taka 12,00,000.00 and accordingly, an agreement was executed ..
Category: Property Law | Date: | Hits: 120
Monoranjan Mukharjee Vs. Election Commission Sher-e-Bangla Nagar, Dhaka & Others, 1989, 18 CLC (HCD
....r all the above reasons we find no ground for interference. In the result, the Rule is discharged but without any order as to costs. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 484.......o.7 dated 24.6.84 in S.M.L. Case No.160 of 1984 and he was sentenced to suffer R.I. for 7 years and to pay a fine of Tk. 9 lakhs, in default, to suffer R.I. for 1 year 9 months and 75% of immovable property standing in his name or in the name of members of his family or benami of others were forfe..Category: Election Law | Date: | Hits: 220
Sheikh Ahmed & others Vs. Abdul Alim, 1988, 17 CLC (HCD)
....ore me. I affirm the judgment and decree of the lower appellate Court. The result is the Rule is discharged. No order as to costs. Ed. This Case is also Reported in: 42 DLR (HCD) (1990) 408.......n was only a co-sharer in the disputed land, the lower appellate Court illegally decreed the suit as a whole. The learned Advocate for the petitioners further submitted that the land being ejmali property and other co-sharers being in possession jointly with the plaintiff-opposite party the decr..Category: Property Law | Date: | Hits: 95
Abu Bakar Sikder Vs. Monowara Begum (Mst.), 1989, 18 CLC (HCD)
....do not find any substance in the appeal and the same is dismissed with cost. The judgment and decree of the Court below are affirmed. Ed. This Case is also Reported in: 42 DLR (HCD) (1990) 403. ......on of imminent death. Taking advantage of his ailments, his third wife i.e. defendant No.1 Mst. Monowara Begum, by exercising undue influence, obtained a collusive Hebanama in respect of the schedule property from her husband Abdur Rahman Sikder. The said hebanama was executed on 1.11.67 and registe..Category: Property Law | Date: | Hits: 152
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