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Mosammat Namiran Nessa Vs. Aftaruddin & oth­ers, 2007, 36 CLC (AD)

.... Nurul Islam Bhuiya, Advocate-on-Record-For the Petitioner. Zahirul Islam, Advocate-on-Record-For Respondent No. 1. Not represented-Respondent Nos. 2-22. Civil Petition for Leave to Appeal No. 356 of 2006. (From the judgment and order dated 16.08.2005 passed by...... Civil Revision No.3154 of 2002 making the Rules absolute. 2. The plaintiffs of Other Class Suit No.3 of 1999 instituted the suit in the Court of Assistant Judge, Patgram, Lalmonirhat for a declaration that the Wasiatnama dated 25.10.1976 executed by Namiran Nessa is illegal, void, inoper..

Category: Property Law | Date: | Hits: 23

Mosammat Ashrafee Begum and others Vs. Md. Siddiqur Rahman Patwari and others, 2007, 36 CLC (AD)

....ocate-on-record-For the Petitioners. Md. Aftab Hossain, Advocate-on-Record-For Respondent Nos. 1, 2, 9-12. Not represented- Respondent Nos. 3-8 & 13-17. Civil Petition for Leave to Appeal No. 1685 of 2003. (From the Judgment and Order dated June 29, 2003 passe......ming the judgment and decree dated March 19, 1989 of the Court of Assistant Judge, Faridganj, Chandpur in Title Suit No.581 of 1984 decreeing the suit in part. 2. The suit was filed seeking declaration that the judgment and decree dated September 25, 1978 of the Court of Assistant Judge, ..

Category: Property Law | Date: | Hits: 20

MD, Natore Sugar Mills Ltd, Natore & ors. Vs. Md. Mostafizur Rahman, 2008, 37 CLC (AD)

.....K.M. Shahidul Huq, Advocate-on-Record- For the Petitioners. A.J. Mohammad Ali, Senior Advocate, instructed by Md. Abu Siddique Advocate-on-Record-For the Respondent. Civil Petition for Leave to Appeal No. 1503 of 2007. (From the judgment and order dated 22.5.2007 passed by......on No.1743 of 2006 making the Rule absolute. 2. The short fact is that the respondent as plaintiff instituted the aforesaid Title Suit No. 175 of 2000 against the defendant-petitioners for a declaration that the letter dated 1.1.1998 of the  Deputy Chief Personnel Officer, Natore Suga..

Category: Employment/Service Law | Date: | Hits: 61

Brick Linker's Ltd. & anr Vs. Titas Gas Transmission & Distribution Co Ltd. & ors, 2007, 36 CLC (AD)

....wab Ali, Advocate-on-Record-For the Petitioners. Md. Taufique Hossain, Advocate-on-Record-For the Respondent No. 4. Not represented-Respondent Nos. 1-3 and 5-6. Civil Petition for Leave to Appeal No. 799 of 2007. (From the Judgment and Order dated June 4, 2007 passed ......ement the observation made in writ petition No. 4083 of 2000 for settling the matter of interest calculated on the arrears gas bills issued in respect of the writ peti­tioners and also seeking declaration that by the insertion of interest in clause 16.1 of the Contract Form B of the responde..

Category: Others | Date: | Hits: 92

Secretary, Zilla Parishad, Faridpur Vs. Md. Lutfur Rahman and others, 2005, 34 CLC (AD)

.... 1 Memo. No.13/Sa dated 11.7.1993 issued by the defendant No.1 (herein appellant) is illegal, nul and void, in operative, without jurisdiction and not binding upon the plaintiff. 2. By the aforesaid Memo, the defendant No.1 cancelled the Memo bearing No. 126/6 dated 18.9.1990. The author...... No. 24 of 1995 affirming those of dated February 18, 1995 of the Court of Senior Assistant Judge, Sadar, Faridpur passed in Title Suit No.84 of 1993 dismissing the same. The suit was filed seeking declaration that the 1 Memo. No.13/Sa dated 11.7.1993 issued by the defendant No.1 (herein appellan..

Category: Civil Law | Date: | Hits: 107

Rajdhani Unnayan Kartripakkha (RAJUK) Vs. Iqbal Ahmed and others, 2006, 35 CLC (AD)

....ondents Judgment August 28, 2006. Lawyers Involved: Md. Waliul Islam, Advocate-on-record-For the Petitioner. Not represented- Respondents. Civil Petition for Leave to Appeal No. 872 of 2005. (From the Judgment and Order dated April 19, 2005 passe......and thereby affirming the judgment and decree dated July 12, 1999 of the 6th Court of Assistant Judge, Dhaka in Title Suit No.129 of 1999 dismissing the same. 2. The suit was filed seeking declaration of lease hold right in the land in suit and for cancellation of the lease deed made in ..

Category: Property Law | Date: | Hits: 30

Bangladesh Bank and another Vs. Administrative Appell­ate Tribunal, 1991, 20 CLC (AD)

....he Respondent No. 3. (In Civil Petition No. 308 of 1991). Not Represented ‑ Respondent Nos. 1-2 & 4‑5. (In Civil Petition No. 308 of 1991). Civil Petition for Leave to Appeal Nos. 291 & 308 of 1991. (From the judgment and order dated 5th......e Establishment Manual and Circular No. 16 of 29th August, 1968. He lost in the High Court Division, but on appeal this Court declared on 4th August, 1977 that respondent No. 3 was entitled to the declaration as prayed for in his writ petition. The Bank unsuccessfully tried to get that decision ..

Category: Administrative Law | Date: | Hits: 180

Mazu Bibi and others Vs. Rabeya Begum and others, 2006, 35 CLC (AD)

....was filed seeking declaration of title in respect of 4.69 acres of land and confirmation of possession as to part of the land in suit and recovery of possession as to part of the property in suit and for permanent injunction. The suit was filed making averments that land measuring 5.04 acres belonge......nder Order IX, rule 13 of the Code of Civil Procedure (CPC) seeking setting aside of the ex parte decree dated September 26,1983 passed in Title Suit No. 849 of 1979. 2. The suit was filed seeking declaration of title in respect of 4.69 acres of land and confirmation of possession as to part of t..

Category: Limitation Law | Date: | Hits: 171

Government of Bangladesh Vs. Megha Fisheries Ltd., 2005, 34 CLC (AD)

.... the High Court Division in First Appeal No. 456 of 2000 dismissing the appeal. 2. The facts leading to the appeal are that the appellant as the plaintiff instituted Other Class Suit No.12 of 1996 for declaration that the registered lease deed No. 4330 dated 15-6-1996 between the plaintiff-appell...... High Court Division in First Appeal No. 456 of 2000 dismissing the appeal. 2. The facts leading to the appeal are that the appellant as the plaintiff instituted Other Class Suit No.12 of 1996 for declaration that the registered lease deed No. 4330 dated 15-6-1996 between the plaintiff-appellant ..

Category: Property Law | Date: | Hits: 41

Badal Chandra Das and others Vs. Amena Khatun, 2005, 34 CLC (AD)

....30 of 1999 reversing those dated 28-2-1999 by the Senior Assistant Judge, Sadar, Rajshahi in Suit No. 265 of 1996 dismissing the suit. 2. The respondent as the plaintiff instituted the suit for declaration of title and  recovery of khas possession in respect of the suit land stating,......f 1999 reversing those dated 28-2-1999 by the Senior Assistant Judge, Sadar, Rajshahi in Suit No. 265 of 1996 dismissing the suit. 2. The respondent as the plaintiff instituted the suit for declaration of title and  recovery of khas possession in respect of the suit land stating, int..

Category: Property Law | Date: | Hits: 25

Abul Kashem Howlader & ors. Vs. Md. Kashem Ali Khan and others, 2005, 34 CLC (AD)

....n Amin, Advocate-on-Record-For the Petitioners. ABM Siddique, Advocate-on-Record-For Respondent Nos. 17-26. Not represented— Respondent Nos. 1-16, 27-201. Civil Petition for Leave to Appeal No. 1456 of 2001. Judgment        &n...... modified to the extent that the ex parte decree is declared as fraudulent against Abul Kashem Howlader only and the same is not binding  upon him. 2. The plaintiff filed the suit for declaration of title and correction of record of right in respect of suit land stating, inter alia,..

Category: Property Law | Date: | Hits: 102

Government of Bangladesh Vs. Ali Akber Ansari, 2004, 33 CLC (AD)

....on 15.01.1971. The respondent along with the numbers of his family was in peaceful possession of the disputed properties at 426 and 427, Ansari Mansion, Enayet Bazar, Batali Road, Chittagong long before the liberation of Bangladesh and also from 15.01.1971 when the declaration of gift was made. A...... them along with their wives orally gifted all their properties in the then East Pakistan to Ali Akbar Ansari, the respondent who is the only son of their elder brother. The gift was confirmed by a declaration of gift on 15.01.1971. The respondent along with the numbers of his family was in peac..

Category: Property Law | Date: | Hits: 46

Bangladesh Vs. Shamirunnessa Bibi, 2005, 34 CLC (AD)

....ex parte decree dated 12.12.1984. 2. Short facts are that the respondents predecessor filed Title Suit No. 208 of 1984 in the 1st Court of Subordinate Judge (now Joint District Judge), Dhaka for declaration of title in the land described in the schedule of the plaint and for further declar......arte decree dated 12.12.1984. 2. Short facts are that the respondents predecessor filed Title Suit No. 208 of 1984 in the 1st Court of Subordinate Judge (now Joint District Judge), Dhaka for declaration of title in the land described in the schedule of the plaint and for further declaratio..

Category: Property Law | Date: | Hits: 25

Sultan Molla and others Vs. Helaluddin Howlader & others, 2004, 33 CLC (AD)

....e judgment and order dated 04.04.2004 passed by the High Court Division in Civil Revision No. 899 of 1998). Judgment       M. M. Ruhul Amin J.- This petition for leave to appeal is directed against the judgment and order dated 04.04.2004 passed by a Single ......discharging the Rule. 2. Short facts are that the plaintiff instituted Title Suit No. 272 of 1987 in the court of Senior Assistant Judge, Barisal for a decree for partition with a prayer for declaration that the kabala dated 23.12.1920 in favour of the defendant is void stating, inter alia..

Category: Property Law | Date: | Hits: 25

People's Republic of Bangladesh Vs. A.H.M. Khurshed Ali & Ors., 2008, 37 CLC (AD)

....8. Lawyers Involved: Hassan Faiz Siddique, Additional Attorney General instructed by Zainul Abedin, Advocate-on-Record-For the Petitioner. Not represented-the Respondents. Civil Petition for Leave to Appeal No. 1087 of 2006. (From the judgment and order dated 08.02.2006 passed by a F...... 1701 of 2005 discharging the Rule. 2. Short facts are that the plaintiffs instituted Other Class Suit No. 96 of 2003 in the 2nd Court of Joint District Judge, Chittagong on 03.06.2003 praying for declaration of title in the suit property. The defendant No. 9 was subsequently impleaded in the sui..

Category: Limitation Law | Date: | Hits: 171

Abul Kalam Azad Vs. BD Government Primary School Teachers Association and others, 2007, 36 CLC (AD)

....nstructed by Syed Mahbubur Rahman, Advocate-on-Record. Md. Nawab Ali, Advocate-on-Record—For Respondent No. 1. Not represented—Respondent Nos. 2-3. Civil Petition for Leave to Appeal No. 958 of 2005. (From the judgment and order dated 11-5-2005 passed by ...... the 1st Court of Assistant Judge, Dhaka subsequently transferred to the Court of Assistant Judge, 3rd Court, Dhaka and the suit was renumbered as Title Suit No.74 of 1995. The suit was brought for declaration that the defendant No.1 not being a teacher of Primary School cannot function as the s..

Category: Civil Law | Date: | Hits: 83

Morium Begum and others Vs. Durga Matha and others, 2008, 37 CLC (AD)

...., Senior Advocate, instructed by Chowdhury Zahangir, Advocate-on-Record—For the Petitioners. Khan Saifur Rahman, Senior Advocate, instructed by Md. Nawab Ali, Advocate-on-Record—for Respondent No. 1. Not represented—Respondent Nos. 2-40. Civil Petition for......ssistant Judge, Barisal Sadar, Barisal passed in Title Suit No. 189 of 1991, decreeing the suit. 2. The respondent No.1, as plaintiff, filed the above Title Suit No. 189 of 1991 praying for declaration that the suit land mentioned in Ka schedule of the plaint is debottor property and als..

Category: Property Law | Date: | Hits: 26

Bangladesh Vs. AHM Khurshed Ali and others, 2008, 37 CLC (AD)

.... Hassan Faiz Siddique, Additional Attorney-General instructed by Zainul Abedin, Advocate-on-Record— For the Petitioner. Not represented—the Respondents. Civil Petition for Leave to Appeal No. 1087 of 2006. (From the judgment and order dated 8-2-2006 passed by ......005 discharging the Rule. 2. Short facts are, that the plaintiffs insti­tuted Other Class Suit No. 96 of 2003 in the 2nd Court of Joint District Judge, Chittagong on 3-6-2003 praying for declaration of title in the suit property. The defendant No. 9 was subse­quently impleaded in t..

Category: Civil Law | Date: | Hits: 77

Government of Bangladesh Vs. Ershad Ali Moral and others, 2005, 34 CLC (AD)

....e judgment and decree dated September 2, 1985 of the Court of Munsif (now Assistant Judge), Monirampur Upazilla, Jessore, passed in Title Suit No. 19 of 1984 decreeing the same. The suit was filed for declaration of title and for confirmation of possession in the land described in the schedule. ......udgment and decree dated September 2, 1985 of the Court of Munsif (now Assistant Judge), Monirampur Upazilla, Jessore, passed in Title Suit No. 19 of 1984 decreeing the same. The suit was filed for declaration of title and for confirmation of possession in the land described in the schedule. ..

Category: Property Law | Date: | Hits: 24

Government of Bangladesh and others Vs. Most. Nurjahan Begum, 2005, 34 CLC (AD)

.... acquiring 45 decimals of land out of 51 decimals of land of Plot No. 1009. Correction was made to the effect that in the Gazette Notification of August 11, 1983 land measuring .51 acre is to be read for the quantity of land measuring .45 acre. The writ-petitioner also impugned notice dated Septembe......5 acre, that although 2 decimals of land of the writ-petitioner was requisitioned and finally acquired but compensation was not paid and thereupon writ-petitioner filed Title Suit No. 166 of 1972 for declaration of her title in respect of the compensation money, that the suit was decreed but on appe..

Category: Property Law | Date: | Hits: 31