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Narendra Chandra Das and another Vs. Sree Sree Gopal Bigraha and another, 2009, 38 CLC (AD)

....suit. 2. Facts involved in this case, in short, are that the plaintiffs-respondents instituted suit being Title Suit No.102 of 1992 in the Court of Sub-Ordinate Judge, 4th Court, Dhaka praying for declaration that the "Ka" schedule property as Debuttar Property and the registered deed dated 1....... 2. Facts involved in this case, in short, are that the plaintiffs-respondents instituted suit being Title Suit No.102 of 1992 in the Court of Sub-Ordinate Judge, 4th Court, Dhaka praying for declaration that the "Ka" schedule property as Debuttar Property and the registered deed dated 13.01..

Category: Property Law | Date: | Hits: 29

S. M. Hossain and others Vs. Lahazuddin and others, 2009, 38 CLC (AD)

....by Mrs. Sufia Khatun, Advocate On-Record-For the Respondent No.1 (In Civil Appeal Nos. 94-95 of 2005). Not Represented- Respondent Nos.2-10 (In Civil Appeal Nos. 94-95 of 2005). Civil Petition for Leave to apple Nos.94 and 95 of 2005. (Civil Appeal No. 178 of 2002 arising out of the judgme......this case, in short, are that the respondent Nos. 1-6 as plaintiffs instituted a suit on 25.08.1996 being Other Class Suit No.96 of 1996 in the 1st Court of Sub-Ordinate Judge, Chittagong praying for declaration that the plaintiff respondent Nos. 1-6 have acquired a title by adverse possession in th..

Category: Tenancy Law | Date: | Hits: 185

Md. Fazlul Haque Vs. Abdul Malek alias Maya Miah and another, 2009, 38 CLC (AD)

.... K. M. Shahidul Huq, Advocate-on-Record-For the Petitioner. Mahbubey Alam, Senior Advocate instruct­ed by Chowdhury Md. Zahangir, Advocate-on-Record-For the Respondents. Civil Petition for Leave to Appeal No. 200 of 2009. (From the judgment and order dated 27.11.2008 passed by ...... defendants forcibly dispossessed the plaintiff from the suit land. The plaintiff had withdrawn the suit as there were some formal defects in framing the suit and then instituted the instant suit for declaration of title and recov­ery of khas possession of the second sched­ule land. The defendant ..

Category: Property Law | Date: | Hits: 29

Kazi Ali Ahmed Vs. Mohammad Nurunnabi and others, 2009, 38 CLC (AD)

....or the peti­tioner. Abdul Wadud Bhuiyan, Senior Advocate instructed by Nurul Islam Bhuiyan, Advocate-on-Record-For the Respondent Nos. 1-3 Not represented-Respondent Nos.4-6. Civil Petition for Leave to Appeal No. 872 of 2008. (From the judgment and order dated 05.03.2008 passed by the ......d Title Suit No.106 of 2001 in the Court of Assistant Judge, 4th Court, Narayanganj, against the appellant hereof as defendant No.1 and the respondent Nos.4-6 hereof as defendant Nos.2-4, praying for declaration that the judgment and decree passed in Title Suit No.9 of 1998 is illegal, not valid, fr..

Category: Property Law | Date: | Hits: 37

Md. Basarat Ali Vs. Md. Abdul Mannan and others, 2008, 37 CLC (AD)

....nate Judge, 1st Court, Sylhet in Title Suit No.31 of 1986 dismiss­ing the suit. 2. Respondent Nos.1 to 14 instituted Title Suit No.31 of 1986 in the Court of the learned Subordinate Judge, Sylhet for dec­laration of their title to the land described in 2nd schedule which is part of 1st sched­u......nd. The wrong record as to 12 annas share of 2nd schedule in the names of defendants, as aforesaid, has cast cloud upon the title of the plaintiffs who have been constrained to institute the suit for declaration of their title thereto for removing such cloud. 4. Defendant Nos. 12 and 33 jointly f..

Category: Property Law | Date: | Hits: 33

Shamsun Nahar Vs. Khairunnessa Sadiq and others, 2009, 38 CLC (AD)

....f 1985 decreeing the suit. 2. The facts, in short, are that the respon­dents as plaintiffs filed Title Suit No.892 of 1985 in the Court of learned Assistant Judge, Second Court, Dhaka praying for a decree of declaration of title and for fur­ther declaration that the Heba-bil-Ewaz deed No.37...... the suit. 2. The facts, in short, are that the respon­dents as plaintiffs filed Title Suit No.892 of 1985 in the Court of learned Assistant Judge, Second Court, Dhaka praying for a decree of declaration of title and for fur­ther declaration that the Heba-bil-Ewaz deed No.37889 dated 24.11...

Category: Property Law | Date: | Hits: 33

Commissioner of Customs, Customs Excise and VAT, Chittagong & others Vs. Talha Tex Pro Limited, 2008, 37 CLC (AD)

.... Lawyers Involved: M. A. Azim Khair, Deputy Attorney General instructed by Zainul Abedin, Advocate-on-Record-For the Petitioners. Not represented- the Respondents. Civil Petition for Leave to Appeal No. 891 of 2006. (From the judgment and order dated 15.05.2006 passed by ......h the imported goods were about to leave the customs area, some officers of the Customs department seized the goods alleging that the writ petitioner has paid lesser amount of customs duty with false declaration and that the imported goods were not 'textile finishing agent' but those are 'modified s..

Category: Fiscal/Taxation Law | Date: | Hits: 253

Nurul Islam and others Vs. Lal Miah & another, 2004, 33 CLC (AD)

....cted by Sharifuddin Chakladar, Advocate-on-Record-For the Petitioners. Harendra Nath Nandi, Advocate instructed by Md. Nowab Ali, Advocate-on-Record- For the Respondent. Civil Petition for Leave to Appeal No. 123 of 2000. (From the judgment and order dated 14.07.1999 passed by ......9 passed by a Single Bench of the High Court Division in Civil Revision No.2052 of 1996 making the Rule absolute. 2. Short facts are that the plaintiffs instituted Title Suit No.85 of 1992 for declaration that the two saf kabala deeds described in the schedule of the plaint are collusive, for..

Category: Property Law | Date: | Hits: 34

Mohiuddin Khan and another Vs. Shihamul Haque being dead his heirs Hasina @ Ila Begum and others, 2009, 38 CLC (AD)

....rs were in possession of the case land set aside the above order dated 12.01.1982 and restored the mutation in the name of appellants and others. Then Shihamul Haque preferred Appeal No. 96 of 1984 before the Board of Land Administration and after hearing the same was dismissed Shihamul Haque then f...... Begum exchanged 1.36 acres of her lands at Bardwan with .89 acres land of Chaturi and Nathuni Tanti of mouza Chandana which includes the suit land. Bhatu Tanti, Chaturi Tanti and 3 others made joint declaration before the Notary Public in Calcutta on 15.07.1968 and 12.08.1968 confirming the above e..

Category: Property Law | Date: | Hits: 43

M/S. R.M. Salt Crushing Industries Vs. Sonali Bank, Cox's Bazar Branch & others, 2009, 38 CLC (AD)

....ch 9, 2009. Lawyers Involved: Sirajul Islam Khan, Advocate, instructed by Aftab Hossain, Advocate-on-Record-For the Petitioner. Not represented-Respondents Civil Petition for Leave to Appeal No. 515 of 2008. (From the judgment and order dated 20.11.2007 passed b......nd pre­maturity in filing the suit but without any fruitful result and faced with such situa­tion the defendant moved the High Court Division in Writ Petition No. 4219 of 2005 praying for a declaration that the continu­ation of Artha Rin Suit No. 73 of 2004, pending before the Artha R..

Category: Civil Law | Date: | Hits: 136

Fazle Elahi Sharfuzzaman Vs. Surujit Bose (Raju) and others, 2009, 38 CLC (AD)

....d- For the Petitioner. Abdul Wadud Bhuiyan, Senior Advocate instructed by Nurul Islam Chowdhury, Advocate-on-Record- For Respondent No.1. Not represented- Respondent Nos. 2-9. Civil Petition for Leave to Appeal No. 1366 of 2008. (From the judgment and order dated the 5th day of June. 200......inter alia that 1.05 acres of land was purchased by Bhubon Mohan Ghosh vide Sale Deed No.2615 dated 04.07.1928 from Elahi Box driver. That said Bhubon Mohan Ghosh filed Title Suit No.1537 of 1929 for declaration of title and recovery of khas possession so far it relates to C.S. Plot No.94. That suit..

Category: Tenancy Law | Date: | Hits: 214

A. Hakim Gazi and others Vs. Gazi Safiqul Islam and others, 2009, 38 CLC (AD)

....dents Judgment June 4, 2009. Lawyers Involved: Syed Mahbubar Rahman, Advocate-on-Record-For the Petitioners. Not Represented-the Respondents. Civil Petition for Leave to Appeal No. 1440 of 2007. (From the judgment and order dated 7.3.2007 passed by......hulna in Title Suit No.139 of 1973 decreeing the suit. 2. The short fact is that the respondents as plaintiffs instituted Title Suit No.139 of 1973 in the Second Court of Munsif, Khulna for declaration of title, recovery of possession of the suit land after demolish­ing the structures..

Category: Property Law | Date: | Hits: 138

Abul Hossain and another Vs. Hazi Md. Rezaul Karim and others, 2009, 38 CLC (AD)

....a Khatun, Advocate-on-Record-For the Petitioners. A.K.M. Shahidul Huq, Advocate-on-Record-For Respondent No. 1. Not represented-Respondent Nos. 2-65.   Civil Petition for Leave to Appeal No. 237 of 2006. (From the judgment and order dated the 15th day of Dec......e Rule. 2. The facts of the case, in short, are that the plaintiff-petitioners instituted Other Suit No. 334 of 2004 in the Court of Assistant Judge, Chakaria, Cox's Bazar praying for simple declaration of title over the suit land as more fully described in the schedule of the plaint impl..

Category: Property Law | Date: | Hits: 88

Rada Rani Nath and another Vs. Niranajan Dutta and others, 2009, 38 CLC (AD)

....te-on-Record-For the Petitioner (In both the cases) T. H. Khan, Senior Advocate, instructed by Md. Abu Siddique, Advocate-on-Record-For Respondents) (In both the cases) Civil Petition for Leave to Appeal Nos. 641-42 of 2008. (From the judgment and order dated the 24th day of......ief Act and defendant Nos.1 and 2 as heirs of their father Rosmoy datta, were the owners in posses­sion of the suit land; the brother in law of the plaintiff filed Title Suit No.103 of 1996 for declaration that the document is void and the plaintiff mutated her name in the record of the suit ..

Category: Property Law | Date: | Hits: 132

Majeda Khatun and others Vs. Jiban Nessa and others, 2009, 38 CLC (AD)

.... June 24, 2009. Result: The appeal is allowed without any order as to costs. High Court Division can make an order of remand while exercising revisional jurisdiction if it is so required for full and effective adjudication of all the relevant points involved in a case. No remand order c......fore or at the time of execution of the partition deed Ext.’Ga’. Since a complicated question of title is involved the instant simple suit for partition is not maintainable without any prayer for declaration of title. 5. The trial court decreed the suit in preliminary form by judgment and or..

Category: Procedural Law | Date: | Hits: 105

Md. Rafique and another Vs. Md. Musa and others, 2007, 36 CLC (AD)

.... A .J. Mohammad Ali, Senior Advocate, instructed by Zainul Abedin, Advocate-on-Record- For the Respondents Nos.1-3. None represented-For the Respondent Nos.4-9. Civil Petition for leave to Appeal No.1283 of 2006. Judgment       &nb......aintiffs on 06.02.1981 instituted Other Class Suit No.14 of 1981 in the Court of learned Assistant Judge, 1st Court, Patiya, Chittagong against the petitioners and pro forma respondent Nos. 4-9 for declaration that two registered deeds of gift Nos. 1002 dated 02.02.1971 and 5371 dated 29.04.1978 ..

Category: Property Law | Date: | Hits: 92

Chairman, Mymensingh Pourashava, Mymensingh Vs. Kasimonnessa Bewa and others, 2009, 38 CLC (AD)

....Md. Omar Ali Khan, Advocate (Appeared with the leave of the Court), instructed by Nurul Islam, Advocate-on-Record- For the Petitioner. Not represented- The Respondents. Civil Petition for leave to Appeal No. 631 of 2008. Judgment       &nb...... are that, the predecessor of the plaintiff-respondent instituted Title Suit No. 71 of 1983 before the learned Subordinate Judge (now Joint District Judge), 1st Court. Mymensingh for partition and declaration of title and recovery of khas possession of the suit land described in the schedule of ..

Category: Procedural Law | Date: | Hits: 143

Country Director, World Bank Vs. Ismat Zerin Khan, 2009, 38 CLC (AD)

....y Mvi. Md. Wahidullah, Advocate-on-Record- For the Petitioner. AJ Mohammad Ali, Senior Advocate, instructed by Md. Aftab Hossain, Advocate-on-Record- For the Respondent. Civil Petition for Leave to Appeal No.1199 of 2008. (From the judgment and order dated 5.6.2008 passed by ......Title Suit No. 225 of 2001 in the First Court of Assistant Judge, Dhaka and it was subsequently renumbered as Title Suit No. 92 of 2003 on transfer in the Second Court of Assistant Judge, Dhaka for declaration that the non-confirmation of her appointment and termination of her employment by the ..

Category: Employment/Service Law | Date: | Hits: 104

Abdur Rahman Chowdhury Vs. Mst. Nurjahan Chowdhury and others, 2001, 30 CLC (AD)

....ructed by Md. Aftab Hossain, Advocate-on-Record- For the Petitioner. Md. Sajadul Huq, Advocate-on-Record- For respondent No.1. Not represented- Respondent Nos.2-56 Civil Petition for Leave to Appeal No. 280 of 1995 (From the judgment and order dated 6TH December, 1994 pass......1994 passed by the High Court Division in First Appeal No.71 of 1979). Order           Mohammad Fazlul Karim, J.- Defendant in a suit for declaration of title, partition and declaration that Wasiatnama dated 1.11.1962 and settlement nama..

Category: Property Law | Date: | Hits: 97

Moyez Uddin Sikder and others Vs. State, 2007, 36 CLC (HCD)

.... State. Criminal Miscellaneous Case No. 3875 of 2007 Judgement Nozrul Islam Chowdhury, J.- On 29.3.2007 this application under Section 498 of the Code of Criminal Procedure with a prayer for anticipatory bail, was placed before this Court in connection with G.R. Case No. 8 of 2007 arisi....... Khondker has also referred to 19Uma where the language employed by the framers of the law as under: 19E. The nature of the order of the courts or tribunals.- In the period of enforcement of the declaration of the state of emergency, it is not permitted to ask for any remedy or to dispute any i..

Category: Criminal Law | Date: | Hits: 101