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Golam Rabbani Vs. Chairman, Court of Settlement and others, 2008, 37 CLC (AD)
....he property in question was originally allotted to one Md. Muslim who constructed a two storied building thereon taking loan from the House Building Finance Corporation, entered into an agreement for sale on 28.1.1971 for a consideration of Tk. 60,000/- upon receipt of Tk. 40,000/- as advance ....... 6,000/- on 19.2.1979, Ultimately the respondent No.3 having refused to execute the sale deed, the writ petitioner filed Title Suit No. 984 of 1980 for Specific Performance of Contract and for a declaration that the property was not abandoned property, which was decreed on 7.4.1981 and the sa..Category: Property Law | Date: | Hits: 32
Justice Syed Md. Dastagir Hossain and ors. Vs. Md. Idrisur Rahman and others, 2009, 38 CLC (AD)
....s. E.M.I. (Australia) Pvt. Limited, (1958) 100 CLR 597, Adgbenro Vs. Akintola, (1963) AC 614, Attorney General Vs. Jonathan Cape Limited (Crossman Diaries case) (1976) QB 752, R V. Secretary of State for Home Department, Ex p. Hosenball, (1977) 1 WLR 766; Re-amendment of the Constitution of Canada (......he position of a permanent Judge from the date of his taking oath, as such, they could not be dislodged by a person, earlier appointed as an additional Judge but was not confirmed. Such a person upon declaration by the High Court Division is eligible for appointment as a permanent Judge i.e. superse..Category: Constitutional Law | Date: | Hits: 251
Special Reference No.1 of 2009, 38 CLC (AD)
....Vs. Rahimafrooz Batteries Ltd. 7 BLC (AD) 2002 page 73; State of M.P. V. Tikamdas, AIR 1975 SC page 1429; Abdul Mannan Bhuiyan V. State, 60 DLR (AD) 49; R V. Sussex Justices, 1924; Secretary of State for the Home Department (Respondent) V. AF (Appellant) (2009) UKHL 28, Ex parte Milligon 71 US (4 wa......e. Surendra Kumar Sinha J.- I agree with the opinion expressed by my learned brother Md. Abdul Matin, J. in respect of question A and B of the Reference. Ed. This Case is also Reported in: ..Category: Constitutional Law | Date: | Hits: 289
Saleh Ahmed and others Vs. Amena Bewa and others, 2008, 37 CLC (AD)
....008. Lawyers Involved: Fazlul Karim, Senior Advocate instructed by Md. Nawab Ali, Advocate-on-Record-For the Petitioners. Not represented- the Respondents. Civil Petition for Leave to Appeal No.1426 of 2006. (From the judgment and order dated 18.10.2005 passed by......ngpur. 2. The facts, in short, are that the respondents as plaintiffs instituted Other Class Suit No. 50 of 1996 in the Court of the learned Senior Assistant Judge, Rangpur praying for declaration of title to the suit land and also for further declaration that the ex parte judgment a..Category: Civil Law | Date: | Hits: 94
Gour Chandra Majhi Vs. Shusen Kumar Mondal and others, 2009, 38 CLC (AD)
....d-For the Petitioner. A.J. Mohammad Ali, Senior Advocate, instructed by Haridas Paul Advocate-on-Record-For Respondent No.1-3. Not represented-Respondent No. 4-7. Civil Petition for leave to Appeal No. 634 of 2008. (From the judgment and order dated 29.01.2008 passed b......ree dated 22.11.1989 passed in Title Suit No. 26 of 1987 by the learned Assistant Judge, Chittalmari, Bagerhat, dismissing the suit. 3. The petitioner hereof as plaintiff filed the suit for declaration and injunction to the effect that the order dated 31.03.1986 passed by the defendant No..Category: Property Law | Date: | Hits: 54
Indrajit Dutta Vs. Baidhya Nath Banarjee and others, 2009, 38 CLC (AD)
.... Lawyers Involved: Mahbubey Alam, Senior Advocate instructed by Chowdhury Md. Zahangir, Advocate-on-Record-For the Petitioner. Not presented-the Respondents. Civil Petition for leave to Appeal No.124 of 2008. (From the judgment dated 10.09.2007 passed by the High C...... First Court of Munsif, Bangerhat which was renumbered as Title Suit No. 245 of 1990 in the court of 1st Additional Court of learned Assistant Judge, Bagerhat. In this suit the plaintiff prayed for declaration that the judgment and decree dated 13.04.1979 of passed on compromise in Title Suit No...Category: Property Law | Date: | Hits: 28
Abdus Sattar Mollah Vs. Abdul Malek Mollah and others, 2009, 38 CLC (AD)
....yers Involved: Abdul Halim Chaklader, Senior Advocate-instructed by Md. Nawab Ali, Advocate-on-Record-For the Petitioner. Not represented- the Respondents. Civil Review Petition for Leave to Appeal No.173 of 2008. (From the judgment and order dated the 2nd day of June,......prepared in the name of the defendant No.1 in spite of the fact that the same is in his exclusive possession. Due to such wrong record, title of the plaintiff having been clouded filed the suit for declaration of his title over the suit land. 3. The defendant Nos.1-13 contested the suit b..Category: Property Law | Date: | Hits: 25
Md. Nurul Alam Miah and others Vs. Md. Idris Ali, 2009, 38 CLC (AD)
.... Syed Mahbubur Rahman, Advocate-on-Record-For the Petitioners. A. B. M. Nurul Islam, Senior Advocate instructed by Mrs. Sufia Khatun, Advocate-on-Record-For Respondent. Civil Petition for Leave to Appeal No.1534 of 2008. (From the judgment and order dated the 5th day of June,...... 2. The facts of the case, in short, are that the plaintiff instituted the Title Suit No. 253 of 1998 in the 6th Court of Assistant Judge, Dhaka impleading the defendants praying for a decree for declaration of title and recovery of khas possession in the suit land alleging his prior posses..Category: Property Law | Date: | Hits: 33
Abdul Gafur Vs. Mariom Bibi and others, 2009, 38 CLC (AD)
....etitioner. Syed Amirul Islam, Senior Advocate instructed by Mrs. Sufia Khatun, Advocate-on-Record-For Respondent Nos.1-10. Nor represented- Respondent Nos.11-33. Civil Petition for Leave to Appeal No. 467 of 2008. (From the judgment and order dated 05.12.2007 passed by...... short, are that the predecessor of the petitioner, Abdul Gafur as plaintiff instituted Title Suit No. 3 of 1993 impleading the principal respondent Nos.1-10 and others as defendants for declaration of title, confirmation of possession and also for permanent injunction in respect of 2n..Category: Property Law | Date: | Hits: 25
Nasiruddin Biswas Vs. Chairman, National Board of Revenue and others, 2008, 37 CLC (AD)
....ed: Tanjib-ul-Alam, Advocate, instructed by Mrs. Sufia Khatun, Advocate-on-Record-For the Petitioners. Md. Ibrahim Khalil, Advocate-on-Record-For the Respondents. Civil Petition for Lave to Appeal No. 591 of 2007. (From the judgment and order dated 23.04.2005 passed by ......t jurisdiction and accordingly the respondents are required by law to allow the prayer of the petitioner for changing the place of business and the legal identity of the petitioner filed by way of declaration in Form VAT-9. 3. The respondent No. 1 contested the Rule and filed by affidavit..Category: Fiscal/Taxation Law | Date: | Hits: 83
Mahbubur Rahman Miah Vs. MA Kabir Chowdhury and others, 2009, 38 CLC (AD)
....p; Civil Petition for Leave to Appeal No. 448 of 2007. (From the judgment and order dated 28th August, 2006 p...... the learned Joint District Judge, 1st Court, Chittagong in Other Execution Case No. 20 of 2003. The opposite party No.1 as plaintiff obtained a decree in Other Class Suit No. 101 of 1989 for declaration of title in schedule-1 of the property and decree for khas possession in report o..Category: Property Law | Date: | Hits: 25
Md. Qamrul Islam and others Vs. Md. Abdul Wazed Miah and another, 2008, 37 CLC (AD)
....ugust 27, 2008. Lawyers Involved: Md. Aftab Hossain, Advocate-on-Record-For the Petitioners. Syed Mahbubur Rahman, Advocate-on-Record-For Respondent No.1. Civil Petition for Leave to Appeal No.1010 of 2007. (From the judgment and order dated 15.05.2007 passed b......uphal, Patuakhali in Title Suit No.16 of 1984 dismissing the suit. 2. Facts, in brief, are that the predecessor of the petitioners, as plaintiff, instituted the above suit seeking declaration that the suit land measuring 33 decimal appertaining to plot No.122 of C. S. Khatian No..Category: Property Law | Date: | Hits: 22
M.A. Aziz Vs. Bangladesh, 2008, 37 CLC (AD)
....he Subordinate Judge, 3rd Court, Dhaka alleging, inter alia, that decree passed on 14.08.1972 in Title Suit No.64 of the Court of First Subordinate Judge, Dhaka was obtained by practising fraud and forgery upon the Court by the defendant No.1 and as such the same is void and not binding on the Go......f the Court of First Subordinate Judge, Dhaka was obtained by practising fraud and forgery upon the Court by the defendant No.1 and as such the same is void and not binding on the Government for a declaration that the judgment dated 10.04.1997 passed in Writ Petition No2456 of 1996 and Civil Pet..Category: Property Law | Date: | Hits: 23
General Manager, Bangladesh Railway Vs. Badruddin Ahmed, 2009, 38 CLC (AD)
....Wadud Bhuiyan, Senior Advocate with him) instructed by Md. Aftab Hossain, Advocate-on-Record-For the Respondent Nos.1-6. Not represented- the Respondent Nos. 7-8. Civil Petition for Leave to Appeal No. 548 of 2008. (From the judgment and order dated 20th November, 2007 ...... the High Court Division are that plaintiff instituted Title Suit No.94 of 1993 in the Court of Subordinate Judge (now Joint District Judge), 2nd Court, Gazipur against the present respondents for declaration of plaintiff's title in the suit property together with the prayer that the ex-parte ju..Category: Property Law | Date: | Hits: 27
Bhaja Krishna Barman and others Vs. Sree Raghunath Chandra Barman, 2007, 36 CLC (AD)
....aintiffs claimed the land in suit as heirs of Ramhari Kasya. It is the case of the plaintiffs that the land in suit belonged to Ramhari Kasya in his raiyati right and he mortgaged the land in suit for 4 years and the said mortgage was a usufructuary one and after expiry of the said period of mor......judgment and decree dated May 11, 1987 of the Court of Munsif (now Court of Assistant Judge), Joypurhat in Other Class Suit No.16 of 1986 dismissing the same. 2. The suit was filed seeking declaration of title in respect of the land described in the schedule attached to the plaint. ..Category: Property Law | Date: | Hits: 28
GM, (East) BD Railway (C.R.B.), Chittagong & ors Vs. Md. Ferozur Rahman & anr, 2009, 38 CLC (AD)
....ed Mahbubar Rahman, Advocate-on-Record-For the Petitioners. Chowdhury Md. Zahangir, Advocate-on-Record-For Respondent No.1. Not Represented-For Respondent No. 2. Civil Petition for Leave to Appeal No. 381 of 2007. (From the judgment and order dated 18.10.2006 passed by......n Title Suit No.14 of 1991 dismissing the suit. 2. The short fact is that the respondent as plaintiff filed Title Suit No.14 of 1991 in the Court of Subordinate Judge, 1st Court, Dhaka for a declaration and for compensation alleging, inter alia, that the defendant No.3 Chief Commerci..Category: Civil Law | Date: | Hits: 150
Ranjit Kumar Bal and another Vs. Gopal Chandra Bal and others, 2008, 37 CLC (AD)
....s Judgment October 13, 2008. Lawyers Involved: Syed Mahbubar Rahman, Advocate-on-Record-For the Petitioners. Not represented-the Respondents. Civil Petition for Leave to Appeal No.1026 of 2007. (From the judgment and order dated 22.3.2007 passed by ......acts, in brief, are that the petitioners, as plaintiffs, filed the above suit for declaration of their title on 3.781½ acres of land described in schedule Ka of the plaint and also for declaration that the compromise decree dated 17.6.77 passed in Title Suit No.68 of 1997 in res..Category: Property Law | Date: | Hits: 74
Khandaker Jalaluddin and others Vs. Most. Jamila Khatun, 2008, 37 CLC (AD)
........Respondent Judgment June 13, 2008. Lawyers Involved: Md. Nawab Ali, Advocate-on-Record-For the Petitioner. Not represented-the Respondent. Civil Petition for Leave to Appeal No. 350 of 2007. (From the judgment and order dated 27.6.2005 passed by ......ssistant Judge, Makla, Sherpur passed in the Other Class Suit No.15 of 1999 rejecting the prayer for temporary injunction. 2. The respondent, as plaintiff, filed the above suit seeking declaration that the order dated 23.3.99 under the signature of the Head Master/Member Secretary of..Category: Employment/Service Law | Date: | Hits: 66
Nurjahan Begum Vs. Nur Rahman and other, 2008, 37 CLC (AD)
....e-on-Record-For the Petitioner. Mahmudul Islam, Senior Advocate, instructed by Aftab Hossain, Advocate-on-Record-For Respondent Nos. 1-3. Not represented-Respondent Nos. 4-18. Civil Petition for Leave to Appeal No. 245 of 2007. (From the judgment and order dated 28.8.2006 passed by the H......Suit No. 30 of 1997 dismissing the suit. 2. The petitioner, as plaintiff filed the above Other Suit No.30 of 1997 for partition of an area of 4.70 acres of land out of the suit jote and also for declaration that the unregistered Heba Deed dated 19.6.1948 purported to have been executed by Del..Category: Property Law | Date: | Hits: 42
Samsuddin Nakib and others Vs. Syed Fakruddin Ahmed and others, 2008, 37 CLC (AD)
....Petitioners. Abdul Quayum, Senior Advocate, instructed by Syed Mahbubur Rahman, Advocate-on-Record-For Respondent No.1. Not represented-Respondent Nos. 2-21. Civil Petition for Leave to Appeal No. 598 of 2006. (From the judgment and order dated 30.6.2004 passed by ......or of the petitioner Nos.1-19 as well as the predecessors of the respondent Nos. 8-21, as plaintiffs, filed above Title Suit No.13 of 1980 seeking partition of 'Ka' scheduled land and also seeking declaration that the deeds as described in the schedule 'Kha' and Ga to the plaint are illegal, col..Category: Property Law | Date: | Hits: 34
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