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Asaduzzaman Vs. Bangladesh, 1983, 12 CLC (AD)
.... 4th Court of Subordinate Judge, Dhaka for specific performance of contract. His case is that he entered into an agreement on October 14, 1971 with Abdus Sattar Solaiman, who is the sole owner of the disputed property to sell it to him at a consideration of Tk. 1,00,000/-. On payment of Tk. 75,000/-..Category: Property Law | Date: | Hits: 38
Faiz Ahmed Chowdhury & another Vs. Baktear Ahmed Chowdhury & other, 1984, 13 CLC (AD)
....s in possession of the premises of schedule 1 and the suit as well as the application were filed by him in collusion with them. Appellant No. 1 maintained the whole family out of the income of the disputed property since 1954, when his father died and plaintiff-respondent No. 1 was married in 19..Category: Property Law | Date: | Hits: 45
Ass. Custodian, Enemy Property (L & B), Tangail Vs. Bholanath Guha & ors., 1984, 13 CLC (AD)
....intiff. The learned Judge found that the appellant, Custodian of Enemy Property, had no document in his possession to claim the property as enemy property except the record of right containing the disputed entry. Before the High Court Division no one appeared on behalf of the present appellant. ..Category: Property Law | Date: | Hits: 28
Pulin Behari Barua Vs. Keramat Ali, 1984, 13 CLC (AD)
..... 2. One Keramat Ali Sowdagar, predecessor of respondents 1(a) to 1(e) instituted a Redemption Suit No. 16 of 1965 in the 1st Court of Munsif, Patiya for redemption of mortgage of the disputed lands which, as described in two schedules, originally belonging to one Abdus Samad w..Category: Property Law | Date: | Hits: 35
Abdus Salam Master alias Salam and another Vs. The State, 1983, 12 CLC (AD)
....plaint is entertained though on the same allegation. This view has also been taken by the Pakistan Supreme Court in the case of Abdul Hossain Sana v. Swalal Agarwala, 14 DLR SC 96. 6. It is not disputed that after dismissal of a complaint or discharge of an accused, a fresh complaint may be en..Category: Criminal Law | Date: | Hits: 79
Md. Tabibur Rahman Mollah Vs. Md. Sayedur Rahman & ors., 1984, 13 CLC (AD)
....this contention he has referred to a decision of the Calcutta High Court in the case of Khitish Chandra Mondal Vs Shiba Rani Devi AIR 1956 Cal 441. The principle of law followed in that case is not disputed in the instant case since both the parties are relying upon a fresh agreement entered into..Category: Property Law | Date: | Hits: 39
Md. Shahabul Huda Vs. Md. Shafi, 1984, 13 CLC (AD)
....8 (V of 1898), Section 145. There is no legal provision which empowers a Magistrate under section 145 of the Code of Criminal Procedure to physically oust a person in possession of the disputed premises, during the pendency of such proceeding……………&h..Category: Criminal Law | Date: | Hits: 75
Abdul Hakim Vs. Goleda Begum and others, 1984, 13 CLC (AD)
....anessa Bibi, 20 DLR 1050, argues that a decree against a dead person being void is not executable and as such the executing court must refuse execution on an application under section 47 It is not disputed that the Executing Court may refuse execution of a decree if it is found to have been..Category: Others | Date: | Hits: 97
Rafizuddin Ahmed Vs. Mongla Barman and others, 1991, 20 CLC (AD)
.... CS Khatian No. 125 (Ext. B); that by an exchange Lalit Chandra Barman got Plot No. 801 of CS Khatian No. 133 of mouza Galtoir (Ext. B (1) from defendant No. 3 Buli Barmani and transferred to her the disputed Plot No. 784 and that the fact of exchange was noted in the CS Khatian. Defendant No. 3 sol..Category: Property Law | Date: | Hits: 31
Alhaj Md. Serajuddowlah Vs. The State, 1991, 20 CLC (AD)
....e charge sheet it appears that the prosecution case, briefly, is that the holding at 68, Motijheel Commercial Area comprising of an one‑storied building and 71/2 kathas of land, briefly, the disputed property, became abandoned since 1.1.72 as the owner thereof, the aforesaid Abdul Khaleque..Category: Criminal Law | Date: | Hits: 57
Samirun Nessa Vs. Kamaluddin and another, 1991, 20 CLC (AD)
....f CS plot No. 533 by interpolation. The appellant also obtained no title to the case land by the ex parte decree obtained by her in TS No. 208 of 1984. The Civil Court was already in seisin of the disputed land by issuing an order of status quo and therefore the learned Magistrate acted without ..Category: Criminal Law | Date: | Hits: 54
Muzaffar Ali and other Vs. Government of Bangladesh and another, 1991, 20 CLC (AD)
....etition. 8. Respondent Nos. I and 2 in their affidavit-in‑opposition denied that Akhanda Kumar Bose was also called by the other name i.e. Ajit Kumar Bose, It was stated that the disputed property was requisitioned in 1974 for the accommodation of Intelligence Branch Office and..Category: Property Law | Date: | Hits: 36
The State Vs. Mofazzal Hossain Pramanik, 1991, 20 CLC (AD)
....cated above that tile High Court Division found that Halima Khatun was murdered in the house of her husband in tile manner as alleged by the prosecution. The place and time of occurrence are also not disputed by the defence. Thus, the time, place and manner of occurrence with regard to injuries have..Category: Criminal Law | Date: | Hits: 49
Ahmed Meah Vs. Ejahar Meah & Ors., 1988, 17 CLC (AD)
....y cogent evidence that he could not file the applications within time because of fraud or that his applications were within time from the date of his knowledge of such fraud. In the present cases the disputed sales took place on 20-5-58 and it has been found that the appellant came to know about the..Category: Property Law | Date: | Hits: 24
Kutubuddin Ahmed Vs. Hasna Banu and another, 1988, 17 CLC (AD)
....lated as it is devoid of any substance. It overlooks the comprehensive findings made by the learned Munsif in that behalf which have not been reversed even by the learned Subordinate Judge. It is not disputed that Surendra Nath inducted his son-in-law Tarapada Majumder in the suit land who raised st..Category: Tenancy Law | Date: | Hits: 106
Awlad Hossain Vs. Haji Monwaruddin Ahmed & ors., 1988, 17 CLC (AD)
....ensuring that an election is conducted honestly, justly and fairly. This rule does not require the Election Commission to hear any contesting party before passing an order. Moreover, to determine disputed questions of fact a different forum has been created by law. We do not find anything to int..Category: Election Law | Date: | Hits: 126
Bhupati Ranjan Shome & ors Vs. Afizuddin Sheikh & ors., 1988, 17 CLC (AD)
....n of the documents, by the appellate Court, not marked as exhibits. 7. The pre-emptor filed a registered kabala dated 13th February, 1956 (exhibit-1) which shows that he purchased a portion of the disputed plot from one Bhagaban Chandra Das. It was not disputed that the petitioner and his brother..Category: Property Law | Date: | Hits: 29
Alauddin Sarder and another Vs. Surendra Nath Falia and Ors, 1988, 17 CLC (AD)
....’s allegation of fraud and collusion in holding the auction has not been substantiated. If the auction sale stands, the plaintiff-respondent can no longer claim any right, title and interest in the disputed land. Under such circumstance the government settled the land with the defendant-appellants..Category: Property Law | Date: | Hits: 35
Md. Nurul Huda Vs. Bhashanu Sardar and ors., 1988, 17 CLC (AD)
....minal Appeal No. 61 of 1982 (Rangpur). 2. This arises from a complaint made before the Sub-Divisional Magistrate, Nowabganj, by the appellants. They alleged that they had taken settlement of the disputed land from the Government by paying necessary salami and went into possession and grew Aush ..Category: Criminal Law | Date: | Hits: 50
Tahmina Khatun Vs. Begum Nurun Nahar and others, 1988, 17 CLC (AD)
....-debtor, Now it is found that he is in unauthorised possession of .4 decimals out of the plaintiffs' .13 decimals and it is this part of land under unauthorised possession of .4 decimals on which the disputed constructions were made. The construction is, therefore, not bonafide. In any case, to as..Category: Property Law | Date: | Hits: 32