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Gouranga Lal Sheel & others Vs. Gouranga Chandra Nath & others, 2004, 33 CLC (AD)

....gh Court Division in Civil Revision No. 1490 of 1992, making the Rule absolute. 2. Short facts are that the plaintiffs brought the suit for a declaration that they are the own­ers of the disputed land and that the enlistment of the suit property as vested property is illegal stating in......earned  Single  Judge of the  High Court Division has not taken into account the cogent discussion of the trial court as to the death cer­tificates of Sabitri (Ext. Uma) and the khatian (Ext. Ga) issued upon cancellation of mutation of the name of the plaintiffs' predecessor i..

Category: Property Law | Date: | Hits: 82

Kanai Lal Roy Vs. Swaraswati Roy and ors., 2002, 31 CLC (AD)

....gment and order dated 04.11.1999 passed by a Division Bench of the High Court Division in the First Appeal (Probate) No. 246 of 1996, allowing the appeal on compromise and granting probate upon the disputed will and thereby setting aside the judgment and order dated 20.05.1996 passed by the Addit......nity to die concerned party to produce the will itself in question and prove it by adducing evidence. No order as to costs. Ed. This Case is also Reported in: 1 ADC (2004) 505. ..

Category: Property Law | Date: | Hits: 74

Hafiz Md. Shamsul Alam & others Vs. Musleuddin Ahmed & others, 2004, 33 CLC (AD)

.... learned Counsel for the appellants and Mr. Mahbubey Alam, the learned Counsel for the respondents and perused the judgment of the High Court Division and other connected papers. 8. It is undisputed that plaintiff Nos. 1 and 2 and their father purchased the disputed prem­ises namely h......re guilty of subletting and hence the impugned judgment requires interference by us. The appeal, therefore, is allowed with costs. Ed. This Case is also Reported in: 1 ADC (2004) 488. ..

Category: Property Law | Date: | Hits: 23

Deputy Commissioner, Dhaka and other Vs. Abdul Hakim, 2002, 31 CLC (AD)

....al is allowed. The judgment of the lower appellate court is restored and the suit is dismissed. There is no order as to costs. Ed. This Case is also Reported in: 1 ADC (2004) 473. ......al is allowed. The judgment of the lower appellate court is restored and the suit is dismissed. There is no order as to costs. Ed. This Case is also Reported in: 1 ADC (2004) 473. ..

Category: Property Law | Date: | Hits: 22

Anu Miah and others Vs. Gauranga Chandra Sharma and others, 2002, 31 CLC (AD)

....udge of the High Court Division committed an error of law in not con­sidering the evidence of the those witnesses and wrongly set aside the appellate Court's judg­ment by mere comparing the disputed signa­tures with those of the admitted signatures of said Debendra Chandra Sharma unde...... the High Court division. In the result, we find no merit in this appeal and it is dismissed without any order as to cost. Ed. This Case is also Reported in: 1 ADC (2004) 462. ..

Category: Property Law | Date: | Hits: 27

Md. Mosharraf Hossain Vs. Daulat Ahmed and ors., 2002, 31 CLC (AD)

....emption of 2½ decimals of land transferred to the pre-emptee appellant by the respondent No.4 by the kabala executed on 21.11.1991 and registered on 24.02.1992 claiming co-sharership in the disputed holding by purchase. It was the case of the pre-emptors that to defeat the claim of pre-em......Lakshmipur, in Miscellaneous Appeal No.2 of 1993 is restored. The prayer for pre-emption is rejected. There is no order as to costs. Ed. This Case is also Reported in: 1 ADC (2004) 445. ..

Category: Property Law | Date: | Hits: 44

Mujibul Haque Vs. Lokman Mia, 2002, 31 CLC (AD)

....third case with completely now facts which cannot be considered and decided in review. The petition is therefore dismissed. Ed. This Case is also Reported in: 1 ADC (2004) 431. ......third case with completely now facts which cannot be considered and decided in review. The petition is therefore dismissed. Ed. This Case is also Reported in: 1 ADC (2004) 431. ..

Category: Property Law | Date: | Hits: 20

Khondoker Mobarak Ali Vs. Jahanara Begum and others, 2003, 32 CLC (AD)

..... Accordingly, the appeal is dismissed with­out any order as to costs. The suit has rightly been dismissed. Ed. This Case is also Reported in: 1 ADC (2004) 401. ....... Accordingly, the appeal is dismissed with­out any order as to costs. The suit has rightly been dismissed. Ed. This Case is also Reported in: 1 ADC (2004) 401. ..

Category: Property Law | Date: | Hits: 26

Kanai Lal Roy Vs. Roy Swaraswati and ors, 2002, 31 CLC (AD)

.... and order dated 04.11.1999 passed by a Division Bench of the High Court Division in the First Appeal (Probate) No. 246 of 1996, allowing the appeal on compromise and grant­ing probate upon the disputed will and thereby setting aside the judgment and order dated 20.05.1996 passed by the Addit......o the concerned party to produce the will itself in question and prove it by adducing evidence. No order as to costs. Ed. This Case is also Reported in: 1 ADC (2004) 399. ..

Category: Civil Law | Date: | Hits: 114

Shanti Ranjan Das Vs. Khalilur Rahman Bhuiyan & others, 2002, 31 CLC (AD)

....erial document Ext. 1 and non consideration of this vital evidence by the final court of fact has resulted in a gross error of law which has occa­sioned a failure of justice. 11. It is undisputed that the respondent Nos. 1 and 2 are bonafide purchasers for valu­able consideration w......gent reason to interfere with the judgment of the High Court Division. Accordingly, the appeal is dismissed with cost. Ed. This Case is also Reported in: 1 ADC (2004) 387. ..

Category: Property Law | Date: | Hits: 31

Sheikh Ahmed Showdagar and oth­ers Vs. Mostafizur Rahman and another, 2002, 31 CLC (AD)

....ther) to the heirs of Bashir Mohammad and Kasir Mohammad and that the labials by which plaintiffs purchased the land in suit from the successive heirs of Bashir Mohammad and Kasir Mohammad are not disputed by the defendants or were not rejected by any court the High Court Division was in error i......sion made above we do not find merit in this appeal. Accordingly the appeal is dismissed with­out any order as to costs. Ed. This Case is also Reported in: 1 ADC (2004) 326. ..

Category: Property Law | Date: | Hits: 24

Khursheda Jahan Vs. Syada Shafinaz Jahan and others, 2002, 31 CLC (AD)

....ptor respondents are the daughters of Syed Siddique Hossain who never executed any power of attorney. On 4.7.1974 the said attor­ney executed and registered a deed of agree­ment to sell the disputed land of the kabala in favour of the pre-emptee appellant, subsequent­ly, when the atto......uted in favour of the pre-emptee appellants. In view of the above, the appeal is allowed without any order as to costs. Ed. This Case is also Reported in: 1 ADC (2004) 310. ..

Category: Property Law | Date: | Hits: 28

Md. Shah Alam Vs. Md. Islam and others, 2004, 33 CLC (AD)

....ity in the decision of the    High Court Division. Accordingly the appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: 1 ADC (2004) 294. ......ity in the decision of the    High Court Division. Accordingly the appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: 1 ADC (2004) 294. ..

Category: Procedural Law | Date: | Hits: 87

Khurshid Alam and other Vs. Azizur Rahman and others, 2004, 33 CLC (AD)

....mployee of any local authority, statu­tory corporation or body corporate or of any other body or organization consti­tuted or established under any law".  9. It is not disputed that the M/S. Master Industries Ltd. is a Private Limited company established by its spons......d. The judgment and order passed by the High Court Division in Criminal Revision Nos. 88, 89 & 90 of 1987 are hereby set aside. Ed. This Case is also Reported in: 1 ADC (2004) 277. ..

Category: Criminal Law | Date: | Hits: 40

Tafazzal Hossain Shajahan Vs. State, 2003, 32 CLC (AD)

....that submissions so made merits consideration. 8. The appellant has been convicted on November 11, 1992 and it has been submitted that since then he is in jail. The submission so made is not disputed from any corner. In the background of the facts it appears that the appellant by now has s...... reducing the sentence to the period already under gone. The appellant be set at lib­erty if not wanted in any other connection. Ed. This Case is also Reported in: 1 ADC (2004) 268. ..

Category: Criminal Law | Date: | Hits: 41

Additional Deputy Com­missioner (Rev) Dhaka & others Vs. Mst. Farhad Begum & ors, 2004, 33 CLC (AD)

....ent and order dated 18.5.1999 passed by the High Court Division in F.A. No. 74 of 1998 is set aside and the suit is dismissed. Ed. This Case is also Reported in: 1 ADC (2004) 256. ......sted the suit and filed written statement stating inter alia that the suit plot was recorded in the name of Yad Ali and during S.A operation the some was recorded in the names of his heirs in S. A khatian No.133; the vendors of the alleged kabala Nos. 4683 and 9250 as referred to in paragraph-4 ..

Category: Property Law | Date: | Hits: 29

Bangladesh Vs. Abdul Wahab Mia and others, 1998, 27 CLC (AD)

....the appeal is allowed with­out any order as to costs. Civil Petition No. 220 of 1997 is also disposed of in terms of the appeal. Ed. This Case is also Reported in: 1 ADC (2004) 153. ......the appeal is allowed with­out any order as to costs. Civil Petition No. 220 of 1997 is also disposed of in terms of the appeal. Ed. This Case is also Reported in: 1 ADC (2004) 153. ..

Category: Property Law | Date: | Hits: 29

Government of Bangladesh and ors. Vs. Sree Sree Luxmi Janardhan Jew Thakur & ors, 2000, 29 CLC (AD)

.....1998 passed by a Division Bench of the High Court Division in Writ Petition No. 4127 of 1992 making the rule absolute. 2. M/S Hardeo Glass, Aluminum, Enamel and Silicate Works is situated in the disputed land and premises and as the owners of the said factory and premises left for India, the sa......ide. In the result both the appeals are allowed without any order as to cost and impugned judgment of the High Court Division is set aside. Ed. This Case is also Reported in: 1 ADC (2004) 149...

Category: Tenancy Law | Date: | Hits: 148

Md. Sirajuddin Vs. Mohibunessa and others, 2002, 31 CLC (AD)

....he appeal is allowed and the impugned judgment of the High Court Division is set aside. No order is made as to cost. Ed. This Case is also Reported in: 1 ADC (2004) 136. ......and to Rahimuddin and rest land to Mohammad Ali Raj Meah by two deeds of Heba-bi-Ewaz dated 13.12.60 and 24.1.61 respectively. After Heba dated 13.12.60 only 0.01 acres of land remained in the said khatian, but it was wrongly written as 0.04 in the Heba dated 24.1.1961 and that although Shamsul H..

Category: Property Law | Date: | Hits: 23

Shamsu Miah and oth­ers Vs. Government of Bangladesh, 2002, 31 CLC (AD)

....nt on Annexure 1(f). The appellants emphatically argued that in the copy of the supplementary affidavit of the Respondent No.1 served on them Annexure 1(f) was missing. This contention could not be disputed or denied by the respondent No. 1. 9. In the afar estate of the matter the appeals...... of those and the Annexure (f), copy of which was not made available to the writ petitioners. There is no order as to costs. Ed. This Case is also Reported in: 1 ADC (2004) 109. ..

Category: Property Law | Date: | Hits: 27