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Md. Fazlul Haque Vs. Md. Hossain Ali Sarker and others, 2008, 37 CLC (AD)
....Court which awaiting for disposal. So, the proceeding drawn under section 145 of the Code of Criminal Procedure and the very appointment of receiver restraining both the parties from entering into disputed land is out and out illegal. 3. However ultimately the learned Magistrate, 1st Cla..Category: Property Law | Date: | Hits: 21
N.G. Shaha Steel Ind. (Pvt.) Ltd. Vs. Custom Excise VAT Aplt. Tribunal, Dhk & ors, 2005, 34 CLC (AD)
....'s representative and the respondent being satisfied with the actual production of the appellant, the demand was made. He further submitted that the contention of the appellant is a disputed question of fact and hence the High Court Division rightly refused to decide the same in w..Category: Fiscal/Taxation Law | Date: | Hits: 83
Sonali Bank Vs. Md. Mostafa Kamal & others, 2006, 35 CLC (AD)
....aman for respondent Nos. 5 and 7 and perused the judgment of the High Court Division and other connected papers. 7. The learned Counsel for the petitioners submits that it is not disputed that Meghna PET Industries Ltd. was financed by Dutch Bangla Bank Limited and Saudi Bangla..Category: Banking Law | Date: | Hits: 103
Sri Sri Hari Thakur Deb Bigraha & others Vs. Md. Abdul Hannan and others, 2006, 35 CLC (AD)
....solute. 7. We have heard Mr. Harendra Nath Nondi, the learned Advocate for the petitioner and perused the judgment of the High Court Division and other connected papers. 8. It is not disputed that the plaintiff embraced Islam and his mother also embraced Islam. It is in evidence th..Category: Property Law | Date: | Hits: 96
Golam Rabbani Vs. Chairman, Court of Settlement and others, 2008, 37 CLC (AD)
....1-2 and Mr. Muhammad Nawab Ali, the learned Advocate-on-Record for the respondent No. 4 and perused the judgment of the High Court Division and Other connected papers on record. 5. It is not disputed that the property in question was originally allotted to one Md. Muslim who constructed a ..Category: Civil Law | Date: | Hits: 119
Munshi Mohammad Fazlul Haque Vs. Saleh Ahmed & others, 2007, 36 CLC (AD)
....for the petitioner and Mr. Nurul Islam Bhuiyan, the learned Advocate-on-Record for the respondent and perused the judgment of the High Court Division and other connected papers. 6. It is not disputed that the pre-emptor is co-sharer by inheritance and the pre-emption case is within time a..Category: Property Law | Date: | Hits: 26
Dalimon Nessa Bewa and others Vs. State, 2007, 36 CLC (AD)
....as not applied his judicial mind that the Trial Court decreed partition suit in par and the lower appellate Court being the final Court also decreed the suit in part it respect of 3.60 acre of the disputed land in favour of the plaintiff-appellants but the High Court Division was pleased to go b..Category: Property Law | Date: | Hits: 41
Most. Nurun Nahar Begum Vs. M. Abu Mohammad and others, 2007, 36 CLC (AD)
....learned Lower Appellate Court as a final Court of fact having considered the exhibits No. 1 to 1(jha) and in an application for pre-emption the petitioner is required to file certified copy of the disputed kabala along with the application in the trial Court but the applicant failed, to do so an..Category: Property Law | Date: | Hits: 33
Md. Shahidullah Kawser Vs. Israt Zahan Popy & another, 2007, 36 CLC (AD)
....arned Advocate-on-Record for the petitioner and perused the judgment of the High Court Division and other connected papers. 6. The High Court Division held that in this case marriage was not disputed. The divorce was registered on 20.01.1996 and a copy of the notice seeking divorce was sen..Category: Criminal Law | Date: | Hits: 31
Panchalipara Ebtedaya Madrassa Vs. Abdul Kader, 2007, 36 CLC (AD)
....claim of the defendant Madrassa is that the plaintiff along with his uncle Sirajuddin executed a deed of gift in favour of the Madrassa and the defendant has acquired right, title and interest on the disputed land on the basis of the said deed and also by way of adverse possession for over 12 years;..Category: Property Law | Date: | Hits: 42
Abdul Kader Mirza and others. Vs. Bangladesh and others, 2007, 36 CLC (AD)
....dy stated, purported to amend another Ordinance, the objection which was to provide for public safety, maintenance of public order and preservation of peace and tranquility in the State. It was not disputed before us that the preamble of the original Ordinance would govern the amending Ordinance a..Category: Criminal Law | Date: | Hits: 59
Towfiqul Islam & ors Vs. S.M. Mohiuddin, Officer-in-charge, Motijheel, Dhaka & ors 2007, 36 CLC (AD)
.... before the Appellate Division for review of the judgment dated 26.11.2000 passed in Criminal Petition No.220 of 2000 stating that holding No.58/1A, 5(five) storied building, Purana Paltan was disputed property in the non FIR Case No.793 of 1997 and receiver was appointed in respect of that ..Category: Criminal Law | Date: | Hits: 32
Mrs. Rawshan Ara Begum Vs. Mst. Sufia Begum, 2007, 36 CLC (AD)
....69 of 2000 dismissing the suit and sending the suit back on remand to the appellate court below for expeditious disposal of the suit after obtaining the report of DNA test of the plaintiff and the disputed child from the concerned Department of the Dhaka Medical College Hospital. 2. The p..Category: Civil Law | Date: | Hits: 128
Afzal Ahmed and others Vs. Ayesha Khatun and others, 2007, 36 CLC (AD)
.... from the possession of the petitioners and the petitioners having absolute and exclusive title therein are entitled to the compensation assessed. Out of schedule-1 lands the schedule-1(ka) is the disputed lands which have been acquired by the Government from the possession of the petitione..Category: Property Law | Date: | Hits: 25
Md. Alauddin Vs. Azizul Hussain and others, 2007, 36 CLC (AD)
....01 passed by the Subordinate Judge, Second Court, Sylhet in Miscellaneous (Pre-emption) Case No.191 of 1993 dismissing the pre-emption case. 2. The facts of the case, in short, are that the disputed land originally belonged to Ashek Ali, predecessor of respondent Nos.2-10. Ashek Ali sold ..Category: Property Law | Date: | Hits: 20
KM Zahirul Haque Vs. Shahida Khanam and others, 2006, 35 CLC (AD)
....completed by execution and registration of a kabala and thereupon title accrues in favour of the decree holder [34 DLR (AD) 98]. In the instant case certain facts are admitted or, in other words, undisputed. The property which the plaintiff and the defendant No. 1 are claiming belonged to Syed Ra..Category: Property Law | Date: | Hits: 31
Guljan Bibi and others Vs. Md. Fazlu Miah and others, 2006, 35 CLC (AD)
.... any legal proceeding by or under any law, the period between the 1st day of March, 1971 and the 1st day of March, 1972 (both days inclusive), shall be excluded”. 12. It is not disputed that the mortgage was made on 26-12-1927 and it was the stipulation in the mortgage deed ..Category: Property Law | Date: | Hits: 48
Abu Asad Bhuiyan and others Vs. Abu Taher Bhuiyan and others, 2006, 35 CLC (AD)
.... that as the defendant challenged possession of the plaintiff, it was necessary for the plaintiff to file a regular title suit for declaration of his title and confirmation of his possession in the disputed land and in that suit the plaintiff also could have challenged the legality of the impugned..Category: Property Law | Date: | Hits: 33
Md. Babar Ali Vs. Md. Shamsul Alam and others, 2006, 35 CLC (AD)
....g opposite party Nos. 2-15 who, on 20.1.1995, sold 6 ½ decimals of land from the aforesaid dag to the petitioner and on 3.4.1995 they, without any notice to the petitioner also sold the disputed land measuring 6 ½ decimals to the pre-emptee opposite party No.1 who is a stranger..Category: Property Law | Date: | Hits: 30
Md. Shahidur Islam and others Vs. Md. Habibur Rahman and others, 2007, 36 CLC (AD)
..... The plaintiff No.1 is an illiterate women and she can not put her signature and the plaintiff No.1 and the predecessor of the plaintiff Nos. 2-4 never executed nor have registered the disputed deed and they never put their signatures in the deed; while the plaintiff went to demand ..Category: Property Law | Date: | Hits: 24