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Md. Biseruddin Sardar & others Vs. Md.Tofazzal Hossain Biswas & others, 2004, 33 CLC (AD)
....plaintiffs' predecessors extinguished 40/43 years ago during their life time and the defendants acquired title and possession in the suit land. The further case of the defendants is that the original owner Saku Sarder took loan of Tk. 71/- on 12th Ashar, 1336 B.S. and another sum of Tk. 92/- in 1337......n-Record- For Respondent Nos. 1-3. Not Represented- Respondent No.4. Civil Appeal No. 207 of 2000 Judgment M. M. Ruhul Amin J. - This appeal by leave is directed against the judgment and order dated 06.08.1996 passed by a Single Bench of the High Court Division in Civil Revision No.......n acted illegally in interfering with the findings and decision of the court of appeal. The appeal is, therefore, allowed without any order as to costs. Ed. This Case is also Reported in: ..Category: Property Law | Date: | Hits: 26
Abu Naser Mohammad Wahidun Nabi and another Vs. Jatindra Mohan Roy and others, 2004, 33 CLC (AD)
....n filed by the attorney upon obtaining Power of Attorney from a fictitious, person who has figured as plaintiff and that plaintiff is not the real Jatindra Mohon Roy @ Sachindra Mohon Roy who was the owner of the property of 62, Bama Charan Chakraborty Road (BCC Road) and who sold the same to Ali Ah......disprove plaintiff’s case. ......of no merit because of the established rule that at first plaintiff is to prove his case and then onus shifts upon the defendants to establish his contention or to disprove plaintiff’s case. ..Category: Tenancy Law | Date: | Hits: 194
Md. Islam Uddin @ Din Islam Vs. State, 2007, 36 CLC (AD)
....ut 5.00 A.M. when the deceased was proceeding towards the mosque for saying Fazor prayer, the condemned prisoner in a preplanned way forcibly took him inside the Ice Cream Factory. Abdul Gafur, the owner of the Ice Cream Factory found his factory under lock and key on the same date at about 6.00......nt: M. M. Ruhul Amin J. - This petition for leave to appeal is directed against the judgment and order dated 27.07.2004 passed by a Division Bench of the High Court Division in Death Reference......s on record accepted the death reference and dismissed the jail appeal. There is no cogent reason to interfere with the same. Accordingly, the jail petition is dismissed. Ed. ..Category: Criminal Law | Date: | Hits: 57
Arch Limited and others Vs. Zillur Rahman Chowdhury and others, 2006, 35 CLC (AD)
....n 43 of the Companies Act, 1994 for rectiÂfication of share register of the Company by restoring the name of the petitioner (ResponÂdent herein) in respect of 12,000 shares and for ascertainment of ownership of the aforeÂsaid 12,000 shares now standing in the name of the petitioner(Respondent her...... Ed. This Case is also Reported in: ......the materials on record arrived at a correct decision and there is no cogent reason to inÂterfere with the same. Both the leave petitions are dismissed. Ed. This Case is also Reported in: ..Category: Business or Commercial Law | Date: | Hits: 109
Ershad Ali Howlader Vs. Santi Rani Dhupi and others, 2006, 35 CLC (AD)
....tiffs, in all 4, sought for declaration of title in respect of the land measuring 2.61 acres described in schedule 'Ga' attached to the plaint. It was averred in the plaint that plaintiff No.1 is the owner of the half of the land in suit and the plaintiff Nos. 2-4 are the owners of the half of the l......MLR (AD) 105. ......ground of the discussions made hereinabove we find merit in the appeal. Accordingly the appeal is allowed withÂout any order as to costs. Ed. This Case is also Reported in: 12 MLR (AD) 105. ..Category: Property Law | Date: | Hits: 53
Md. Abul Kashem & others Vs. Montaz Ali Mondal & others, 2006, 35 CLC (AD)
....operty and also prayed for declaration of title and subsequently by an amendment made prayer for khas possession. 3. The case of plaintiffs, in short, is that one Kali Das Nandi was the owner of the suit land. He made a Will in favour of his daughter-in-law, Kallayani Debi on 17.04.19......n-Record-For the Appellants. A.K.M.Shahidul Huq, Advocate-on-Record-For Respondent No.1 Ex Parte- Respondent Nos. 2-3 Civil Appeal No. 216 of 2002 (From the judgment and order dated 08.12.1999 passed by the High Court Division in Civil Revision No. 240 of 1991.) ......ent of the materials on record arrived at a correct decision. There is no cogent reason to interfere with the same. The appeal is dismissed without any order as to costs. Ed. ..Category: Property Law | Date: | Hits: 59
Aktaruzzaman alias Sahin Vs. Abdur Rashid Khan and others, 2006, 35 CLC (AD)
....ons of Rajjab Ali Khan claiming to be co-sharer by inheritance. 4. The prayer for pre-emption was resisted stating, inter alia, that pre-emptor is not a co-sharer of the land but a contiguous land owner, that land of plot No. 5351 was partiÂtioned by a registered deed of partition amongst all ......Supreme Court Appellate Division (Civil) Present: Md. Ruhul Amin J Md. Tafazzul Islam J Aktaruzzaman alias Sahin...........Petitioner (In all the cases) Vs Abdur Rashid Khan and others.....Respondents (In all the cases) Judgement July 3, 2006 Lawyers Involved: ......ard along with appeal arising of the civil petition for leave to appeal No. 317 of 2002 wherein leave has been grantÂed on 27.8.2003. Ed. This Case is also Reported in: 62 DLR (AD) (2010) 250. ..Category: Property Law | Date: | Hits: 35
Bhulu Miah and others Vs. Begum Shakhina Khatun and others, 2005, 34 CLC (AD)
....arred by limitation and not maintainable and the plaintiff is estopped by the principles of waiver and acquiescence. The defendant-respondent's further case was that Ram Behari Mondal was the owner of suit land along with other land and his name was correctly recorded in C. S. record, subse...... ...... be deposited within 1 (one) month. Preparation of paper book is dispensed with as prayed for. Stay granted earlier be extended for further period of 6 (six) months from date. Ed. ..Category: Property Law | Date: | Hits: 32
Fulbaria Market Dokandar Malik Samity Vs. Khatigrastha Dokandar Kallyan Samity, 2005, 34 CLC (AD)
....here was no order of status quo as alleged by the plaintiffs and that the plaintiff respondents having been evicted by the law enforcing agency at the instance of Dhaka City Corporation, the lawful owner of the property, and that the plaintiff respondents having not been evicted in violation of ......rt Appellate Division (Civil) Present: Syed J. R. Mudassir Husain CJ Mohammad Fazlul Karim J Amirul Kabir Chowdhury J Fulbaria Adrasha Market Dokandar Malik Samity & anr...... Petitioners (In Civil Petition No. 392 of 2005) Dhaka Mah...... be deposited within one month. Preparation of paper book is dispensed with as prayed for. Status quo granted earlier be extended for further 6 (six) months from date. Ed. ..Category: Civil Law | Date: | Hits: 120
Nurun Nabi Mullah and others Vs. Abdul Karim, 2005, 34 CLC (AD)
....er alia, that the suit is not maintainable and the same is bad for defect of parties as well as is barred by limitation and there is no cause of action, that Khemankari Devi, the original owner of 1.15 acres of land of Plot No. 685 settled .61 acre from the southern side of the plot wit......There is no order as to costs. Ed. ......m of the plaintiffs. In view of the discussions made herein-above we find merit in the appeal. Accordingly the appeal is allowed. There is no order as to costs. Ed. ..Category: Property Law | Date: | Hits: 40
Abdul Quddus Vs. Raquib Ali being dead his legal heirs Aziruddin and others , 2005, 34 CLC (AD)
....ore the Assistant Judge, Beanibazar claiming preemption under section 96 of the State Acquisition and Tenancy Act and Section 24 of the Non-agricultural Tenancy Act claiming to be contiguous owner of the case land and that the petitioner purchased land of plot No. 1963 a homestead plot No.......ir Chowdhury J Abdul Quddus…………………………….Petitioner Vs. Roqib Ali being dead his legal heirs Aziruddin and others ......Respondents Judgement July 30, 2005 Lawyers Involve: ......to be deposited within one month. Preparation of paper book is dispensed with as prayed for. Stay granted earlier be extended for further 6 (six) months from the date. Ed. ..Category: Property Law | Date: | Hits: 35
Sayeda Shajada Hossain & another Vs. Wega Fashion Sweater (Pvt) Ltd & ors., 2007, 36 CLC (AD)
....06 passed in Civil Appeal Nos. 62, 63 & 64 of 2004 allowing the appeals. 2. Short facts are, that in Writ Petition No. 6140 of 2000 the writ petitioners alleged that they being the joint owners of 17 decimals of land out of 1.25 acres of land appertaining to CS Plot No. 177 of CS Khat......ash;Respondent Nos. 3-9. (In CRP No. 78 of 2006) Not represented—Respondents (In CRP No. 84 of 2006) Civil Review Petition Nos. 77-78 & 84 of 2006. (From the judgment and order dated 1 -8-2006 passed by the Appellate Division in Civil Appeal Nos. 62, 63 & 64 of ......se such land for similar other public purposes. 8. Therefore, in our view, this is not a good ground for review of our judgment. All the review petitions are dismissed. Ed. ..Category: Property Law | Date: | Hits: 37
Maleka Khatun and others Vs. Amena Khatun and others, 2007, 36 CLC (AD)
....nas share of the suit plot under section 4 of the Partition Act. The appellate Court dismissed the appeal on the finding that plaintiff by his purchase from Safatunnessa, who was the rightful owner, acquired title to the extent of 4 annas in the land of CS plot No. 366 i.e. the plot in suit...... allowed with costs at all stages. Ed. ......the Partition Act. 17. In the background of the discussions made hereinbefore, we find merit in the appeal. Accordingly, the appeal is allowed with costs at all stages. Ed. ..Category: Property Law | Date: | Hits: 44
Iftekhar Hasan (Md) @ Al Mamun and others Vs. State, 2007, 36 CLC (AD)
.... that deposed falsely. 28. PW 3 Md Abul Khair deposed that he was Imam of a mosque situated at Ruptali Mridha Bari and that in March 2005 one Moulana Miraz came to him to get information about the owner of the house hanging a signboard "To-let" and in reply he told that owner of the house stayed ......nt: Syed JR Mudassir Husain CJ Md. Ruhul Amin J Md. Fazlul Karim J M M Ruhul Amin J Md. Tafazzul Islam J A Kabir Chowdhury J Md. Joynul Abedin J Iftekhar Hasan (Md) @ Al Mamun and others................Petitioners vs State…………………………………………......d only to taking away of life, but it means something more than mere animal existence. The inhibition against its deprivation extends to all those limbs and faculties by which life is enjoyed. Ed. ..Category: Criminal Law | Date: | Hits: 213
NBR, Government of Bangladesh and anr Vs. M/S. Bata Shoe CompaÂny (BD) Ltd., 1990, 19 CLC (AD)
.... Bata packings. We have, thereÂfore, no hesitation to hold that the footwears which are not produced by the petitioner's mechanised unit or factory at Tongi but purchased from the cottage industry's owner or from manufacturers who manuÂfactured them non-mechanically without the aid of any power, s...... Appellate Division (Civil) Present: Shahabuddin Ahmed CJ MH Rahman J ATM Afzal J Mustafa Kamal J Latifur RahÂman J National Board of ReveÂnue, Government of Bangladesh and anr........................Appellants Vs. M/S. Bata Shoe CompaÂny (Bangladesh) Limited ........st Secretary (Excise-2), National Board of Revenue. In the result, the appeal is dismissed, but there will be no order as to costs. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 195. ..Category: Fiscal/Taxation Law | Date: | Hits: 114
Akhlasur Rahman and other Vs. Safarullah and others, 1990, 19 CLC (AD)
....by respondents 2-4 to the appellants and another by a registered Kabala dated 10th Kartick 1383 B.S. corresponding to 27.10.76 for Tk. 6000/-, both as a co-sharer in the case holding and a contiguous owner to the case land. The appellants contested the Misc. case, inter alia, on the ground that it w...... is also Reported in: 42 DLR (AD) (1990) 189. ......vision cannot be legally sustained. In the result, therefore, the appeal is alÂlowed and the impugned judgment set aside. No cost. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 189. ..Category: Property Law | Date: | Hits: 47
Bangladesh Vs. Md. Ibrahim Bepari and others, 1989, 18 CLC (AD)
....licensÂee's right has been given in s. 52 of the Easement Act, 1882. A licensee has got no interest in the land which he is simply permitted to possess by the grantor of the licence, that is, by the owner of the land. Obviously he has no right to transfer the propÂerty and, consequently, his contr......vision (Civil) Present: Badrul Haider Chowdhury J Shahabuddin Ahmed J MH Rahman J ATM Afzal J The People's Republic of Bangladesh, represented by the Deputy CommissionÂer, Chandpur and others.…………....Appellants Vs. Md. Ibrahim Bepari and others..…………â€......ismissed. No order as to costs. Ex parte order passed by this Court on 26.11.87 is vacated in respect of respondent No.1 only. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 184. ..Category: Property Law | Date: | Hits: 40
Mahaprabhu Ram Vs. Gopal Ram Ram & others, 1990, 19 CLC (AD)
....suit land on the date of filing of the said suit for eviction. But after the decree they continued to occupy and possess the suit land as tenants. The appellant in course of time beÂcame full 8-anna owner of the suit land upon the successive deaths of the other heirs of Raj Kumar. The appellant's m......ents Judgment February 15,1990. Result: The appeal is dismissed. The Non-Agricultural Tenancy Act, 1949 (XXIII of 1949), sections 7 & 88 Adverse Possession If the appellant and the other heirs of Raj Kumar continued to occupy the suit land after Raj Kumar's death in 1939, ......f. Hence on all counts we find that the imÂpugned judgment does not merit any interference. The appeal is dismissed with costs. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 154. ..Category: Tenancy Law | Date: | Hits: 169
Mosharraf Hossain Chowdhury and other Vs. Md. Jahurul Islam Chowdhury & ors, 2006, 35 CLC (AD)
....d of 'Ka' schedule in a rent sale in the benami of plaintiff No.2, wife of Tofazzal Hossain (since deceased) who was foster son of Izzatullah Chowdhury, that Izzatullah Chowdhury was the real owner of the property, described in schedule 'Kha and 'Ga' and he created a benami deed in res......: 61 DLR (AD) (2009) 133; ......is directed to handover the property of schedule 'Kha' and 'Ga' to the appellants i.e. the contesting defendants. Ed. This Case is also Reported in: 61 DLR (AD) (2009) 133; ..Category: Property Law | Date: | Hits: 67
Fazlul Kader Chowdhury Vs. Cyma Zarrar and another, 2006, 35 CLC (AD)
....the High Court Division in Criminal Miscellaneous Case No. 470 of 2000 discharging the rule. 2. Short facts as disclosed in the petitioner are that the first party Cyma Zarrar claiming to be owner of the case property sold the same to the second party petitioner who engaged one Md. Goni as......esent: Syed J. R. Mudassir Husain CJ Mohammad Fazlul Karim J Amirul Kabir Chowdhury J Fazlul Kader Chowdhury..................Petitioner Vs. Cyma Zarrar and another……………...Respondents Judgement January 3......Leave is granted to consider the same. Preparation of paper book is dispensed with as prayed for. The petitioner is directed to make the appeal ready for expeditious hearing. Ed. ..Category: Procedural Law | Date: | Hits: 154
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