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Aminul Islam Vs. S. M. Habib alias Dulal and others, 2011, 40 CLC (AD)

....book is dispensed with as prayed for Parties arc directed to maintain sta­tus quo as regards the possession till disposal of the appeal. Ed. This Case is also Reported in: VIII ADC (2011) 631. ......No.2 of 1984 for specific performance of contract. The plaintiff’s case, in short, was that Sarif Lokman Ahmed was the maternal uncle-in-law of the plaintiff. The plaintiff purchased 13 decimals of land of plot No.4275 of mouza Magura from Sarif Lokman Ahmed by a regis­tered kabala and had been p..

Category: Property Law | Date: | Hits: 51

Narayan Chandra Banerjee alias Bandapadhya Vs. Md. Salek Ali Shaik, 1991, 20 CLC (HCD)

.... aside and the decree of the trial Court is hereby restored. There will, however, be no order as to cost at this revisional stage. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 202. ......Ali Shaik @ Sadek Ali as plaintiff for the recovery of the consideration money amounting to Tk. 7,500.00 from the defendants. The plaintiff's case, in short, was that the plaintiff purchased the suit land measuring 63 decimals from the defendants for a consideration of Tk. 10,000.00 (taka ten thousa..

Category: Civil Law | Date: | Hits: 76

Sadharan Bima Corporation Vs. M V Birba and others, 1991, 20 CLC (HCD)

....cessary correction in clause (1) of rule 3 of Order XLIX of the Code of Civil Procedure by inserting clause (b) instead of clause (d). Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 171....... others …………....Defendants Judgment December 12, 1991. Result: This application for return of the plaint is allowed. Cases Referred to- East and West Steamship Co. Vs. Queensland Insurance. Co., 16 DLR (SC) 61; Sadharan Bima Corporation Vs. Bangladesh Shipping Corporation, ..

Category: Admiralty Law or Maritime Law | Date: | Hits: 315

Yunus Kha and others Vs. Abdul Momin and others, 2011, 40 CLC (AD)

....ation of materials on record do not call for inter­ference. Accordingly the civil petition for leave to appeal is dismissed summarily. Ed. This Case is also Reported in: VIII ADC (2011) 613. ......the father of plaintiff No.1. Abdul Latif married Bagir Ma, the daughter of Joynab Bibi. Bagir Ma died leaving behind her husband Abdul Latif and father Tamijuddin. Abdul Latif got 6.14 4/17 acres of land by inheritance and also got .53 7/17 acre as successor of his wife Bagir Ma, in total, 6.84 3/5..

Category: Property Law | Date: | Hits: 73

Md. Bande Ali Miah Vs. Chief Engineer, Housing and Settlement, 2011, 40 CLC (AD)

....leave to appeal, therefore, does not merit any consideration. In the circumstances this civil petition for leave to appeal be dismissed. Ed. This Case is also Reported in: VIII ADC (2011) 604.......laintiff, filed Title Suit No.61 of 1999 against the respondents for perpet­ual injunction. 3. The case of the plaintiff, in short, was that Zayor Bibi was the original owner of the "Ka" schedule land mentioned in the plaint. In 1959-60 vide L.A. Case No.13 the defendants acquired the said land ..

Category: Property Law | Date: | Hits: 65

Md. Moktad Hossen Majumdar Vs. Md. Golam Mostafa Majumdar, 2011, 40 CLC (AD)

..... This civil petition for leave to appeal has got no merit. In the circumstances this civil petition for leave to appeal is dismissed. Ed. This Case is also Reported in: VIII ADC (2011) 596. ......ondent as plaintiff filed Title Suit No. 84 of 2000 in the Court of the Senior Assistant Judge, Chouddagram, Comilla, against this petitioner for specific performance of contract for sale of the suit land described in schedule-1 to the plaint. The case of the plaintiff, in short, was that the suit l..

Category: Property Law | Date: | Hits: 74

Mosammat Moslema Khatoon Vs. Most. Rasheda Khatoon and others, 2011, 40 CLC (AD)

....f both the Courts below and rightly dismissed the suit. Evidently, there is no merit in this leave petition and hence it is dismissed. Ed. This Case is also Reported in: VIII ADC (2011) 583. ......allegations to the effect that summons and notices of that partition suit were not served upon them, that Dhali Bibi-the plaintiff of that partition suit had no subsisting interest in the divisi­ble land, that the purchasers were not made parties in that partition suit and that the defendants who w..

Category: Property Law | Date: | Hits: 80

Abul Hashem Master Vs. State, 1991, 20 CLC (HCD)

....der section 19A(F) of the Arms Act. He be acquitted of the charge. Let him be set at liberty if not required in any other connection. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 159. ......izure-list which this witness signed. This witness also proved the other signature upon the seizure‑list. It was suggested to him that Hashem Master and others in a salish compelled him to return a land to one Fazar and so he deposed falsely against Hashem. P.W.6 is the son of Fazar Ali for the mu..

Category: Criminal Law | Date: | Hits: 85

Mafizur Rahman Vs. Joynal Abedin and others, 1992, 21 CLC (HCD)

....ecords expeditiously. Let a copy of the judgment be sent to the learned Subordinate Judge at his present station for his guidance. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 158. ......Court is maintainable. 2. The predecessor‑in‑interest of the opposite parties, Sayera Khatun, filed Village Court Case No.48 of 1984 for recovery of khas possession in respect of 1.08 decimals land appertaining to khatian Nos. 324 and 324/1 of mouza Udmara and Village Court was constituted wi..

Category: Property Law | Date: | Hits: 74

Nurjahan Begum & others Vs. Jasimuddin Ahmed and others, 1998, 17 CLC (HCD)

....ted earlier by this Co stands vacated. Communicate the order of this Court to the teamed Senior Assistant Judge, Thakurgaon at once. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 310....... party Nos.1 and 2 as plaintiffs instituted a suit for permanent injunction in the Court of the Senior Assistant Judge, Thakurgaon being other class Suit No.24 of 1985, alleging, inter alia, the suit land measuring 2.341/2 acres belonged; to one Surjakanta Barman, who died leaving sons Brikkha Nath ..

Category: Property Law | Date: | Hits: 108

Moqbul Hossain Bakul and others Vs. Mohammad Ali and others, 1998, 17 CLC (HCD)

....aintain status quo in respect of the possession of the suit property is hereby vacated. Send down the lower court records at once. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 307. ......s that one Naser Uddin Ahmed was the owner in possession of 8 annas share of the suit property while one Alek Jan Bibi was the owner in possession of 2 annas 13 ganda 1 kara and 1 Kranta share in the land of CS Khatian No.61 (at present SA Khatian No.55). The said Nasar Uddin Ahmed died leaving behi..

Category: Property Law | Date: | Hits: 65

Hindu Deity Lakshmi Gobinda Jew Vs. Deputy Custodian, Enemy Property, Government of Bangladesh and others, 1998, 17 CLC (HCD)

....t be treated as abandoned property or vested property (enemy property) by the defendants. Send down the lower Court records at once. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 300.......s made by the learned Advocates of the parties. 10. P.W.1 Prafullah Chandra Bhattacharjee stated in his evidence that he is the Shebait of the plaintiff Deity Sree Gobinda Jew Bigraha and the suit land belongs to the plaintiff Deity. He also stated that the usufructs of the suit properties are us..

Category: Property Law | Date: | Hits: 102

Santi Gopal Dey and others Vs. Maliza Rani Saha and others, 1998, 17 CLC (HCD)

....urnments to the parties except on most convincing grounds. Communicate the order to the learned Assistant Judge, Narshingdi at once. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 290.......the case are that, the petitioners as plaintiffs instituted a suit in the Court of the Senior Assistant Judge Narshingdi being Title Suit No.108 of 1988, for declaration of easement right in the suit land. 3. The defendant opposite parties contested the suit by filing written statement denying th..

Category: Procedural Law | Date: | Hits: 58

Shamsuddin Ahmed and others Vs. Government of Bangladesh and others, 1993, 22 CLC (HCD)

....lier granted by this Court and extended from time to time is hereby vacated. Communicate the order to the Court concerned at once. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 675. ...... facts giving rise to this Rule are that the plaintiff petitioners instituted a suit being Title Suit No.53 of 1990 against the defendant opposite parties for a declaration of their title to the suit land described in the schedule to the plaint and for a further declaration that the order passed in ..

Category: Property Law | Date: | Hits: 68

Bangladesh and another Vs. Banarashi Lal Sharaf and others, 1993, 22 CLC (HCD)

....iff's Title Suit No.18/57 is dismissed. In the facts and circumstances of the case parties shall bear their respective costs althrough. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 669.......iff's Title Suit No.18/57 is dismissed. In the facts and circumstances of the case parties shall bear their respective costs althrough. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 669...

Category: Fiscal/Taxation Law | Date: | Hits: 125

Shyamal Chandra Roy Vs. Probhat Chandra Roy, 1999, 18 CLC (HCD)

....order, with notice to the contending parties. Communicate the order of the Court to the learned Assistant Judge, Thakurgaon at once. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 504.......itioners as plaintiffs instituted a suit in the Court of the Assistant Judge, Pirganj in the District of Thakurgaon, being Other Class Suit No.28 of 1991, praying for declaration of title in the suit land and for permanent injunction. 3. The defendant opposite parties contested the suit by filing..

Category: Procedural Law | Date: | Hits: 91

Mizanur Rahman Khan (Md.) and another Vs. Jinnatul Ferdous and others, 1999, 18 CLC (HCD)

....ioner on 18-6-97 in execution of the writ issued to him by the learned Executing Court. Send down the lower Court records at once. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 493. ......ule of the Court. It has been stated that on the basis of an arbitration agreement dated 31-5-85 the parties appointed Mr. MA Rashid as the sole arbitrator to adjudicate the dispute in respect of the land mentioned in the agreement as to the shares of the parties thereto in the light of the differen..

Category: Civil Law | Date: | Hits: 66

Falu Mia Vs. Md. Nazrul Islam and others, 1999, 18 CLC (HCD)

....rmed. The order of stay granted earlier by this Court stands vacated. Communicate the order to the learned Court below at once. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 486. ...... denying the material allegations of the plaint and contended, inter alia, that the suit is bad for defect of parties. It was also contended that the plaintiff has no title and possession in the suit land and, as such, the suit is liable to be dismissed. 4. The plaintiff thereafter served Interro..

Category: Procedural Law | Date: | Hits: 67

Serajuddin Shah (Md.) Vs. Secretary, Ministry of Religious Affairs and others, 1999, 18 CLC (HCD)

...., is not without lawful authority. In the result, the Rule is discharged without any order as to cost. Order of stay stands vacated. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 479.......ithout giving him any opportunity to be heard is without lawful authority. He further submitted that petitioner having not agreed to the proposal of respondent No.4, Developer for development of waqf land his removal by the respondent No.2 is in colourable exercise of power to award-contract to the ..

Category: Trust/Waqf Law | Date: | Hits: 142

Shaikh Jahangir Hossain Vs. Government of Bangla­desh and others, 2001, 30 CLC (HCD)

....udgment be forwarded, to the learned Judge wherever he is posted now, for his future guidance. Send down the lower Court records at once. Ed. This Case is also Reported in: 55 DLR (2003) 405. ......concerned Ministry, is illegal and not binding upon him with a further prayer for specific perfor­mance of contract contending, inter alia, that in response to a public notice for sale of the unused lands of the Railway Department through tender, the plaintiff submitted two tenders to the concerned..

Category: Civil Law | Date: | Hits: 82