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Government of Bangladesh Vs. Md. Nurul Haque & others, 2006, 35 CLC (AD)
..... - This appeal by leave is directed against the judgment and order dated 15.01.2001 passed by a Single Bench of the High Court Division in Civil Revision No. 1635 of 1995 rejecting the application for restoration of Civil Revision No. 1635 of 1995 to its original file and number. 2. Short......n No. 1635 of 1995 to its original file and number. 2. Short facts are that the plaintiff-respondents instituted Title Suit No. 54 of 1991 against the defendant petitioner and other for declaration that they are in possession of the suit land described in 'Ka' schedule land appertaini..Category: Property Law | Date: | Hits: 31
Ershad Ali Howlader Vs. Santi Rani Dhupi and others, 2006, 35 CLC (AD)
....–তিয়ানে পরিমিত হইয়াছে।†3. It was the case of the plaintiffs that defenÂdant Nos.1-6 and defendant Nos.8-11 of Title Suit No. 206 of 1976 died long before the institution of the said suit, that plaintiff No. 1 and the defendant Nos. 4-6 of the instan......he plaintiff Nos.2-4 on September 30, 1975, that defendant Nos. 1 and 2 of the instant suit i.e. Title Suit No. 285 of 1984 although had no title but they instituted Title Suit No. 206 of1976 seeking declaration of their title impleading the plaintiff No.1 and the predecessor of the defendant Nos.4-..Category: Property Law | Date: | Hits: 53
Md. Abul Kashem & others Vs. Montaz Ali Mondal & others, 2006, 35 CLC (AD)
....sion in Civil Revision No. 240 of 1991 discharging the Rule. 2. The plaintiffs instituted Title Suit No. 274 of 1975 in the 1st Court of Subordinate Judge (now Joint District Judge), Kushtia for declaration that the soleh decree passed in Title Appeal No. 2 of 1975 by the learned Dist......District Judge), Kushtia for declaration that the soleh decree passed in Title Appeal No. 2 of 1975 by the learned District Judge, Kushtia is fraudulent, void and not binding upon them and for declaration that the suit property is not vested property and also prayed for declaration of title ..Category: Property Law | Date: | Hits: 59
Messrs Al-Haj Oil Mills Ltd. Vs. Wilmer Trading (Pvt.) Ltd. & Ors., 2006, 35 CLC (AD)
....tioner Khondker Mahbubuddin Admed, Senior Advocate, instructed by Zahirul Islam, Advocate-on-Record-For Respondent No. 7 Not represented -Respondent Nos. 1-6 Civil Petition for Leave to Appeal No. 264 of 2006 (From the judgment and order dated 26.10.2005 passed by...... legal notice from the plaintiff dated 25.10.2003 is trying to deliver the merchandise in favour of M/S. Super Oil Refinery Ltd. and in collusion with the defendant No.2 and hence was the suit for declaration that the merchandise in question belongs to the plaintiff and for other ancillary relie..Category: Business or Commercial Law | Date: | Hits: 121
Noor Uddin Vs. Alimuddin and others, 2005, 34 CLC (AD)
....A.S.M. Khalequzzaman, Advocate-on-Record-For the Petitioner. Nurul Islam Bhuiyan, Advocate-on-Record-For Respondent No. 1. Not represented-Respondent Nos. 2-18. Civil Petition for leave to appeal No.1248 of 2003. (From the Judgment and order dated 29.06.2003 passed b......e learned advocate-on-Record for the petitioner and perused the judgment of the High Court Division and other connected papers. 5. By the proposed amendment the plaintiff added a prayer for declaration of title in the suit for partition and for payment of advalorem court fee accordingly. ..Category: Procedural Law | Date: | Hits: 154
Bhulu Miah and others Vs. Begum Shakhina Khatun and others, 2005, 34 CLC (AD)
....vocate, instructed by Zainul Abedin, Advocate-on Record-For the Petitioners Moshiuzzaman, Advocate, instructed by Md. Nawab Ali, Advocte-on-Record- For the Respondents Civil petition for leave to Appeal No.325 of 2005 (From the judgment and order dated 1st February, 2005 pa......ellate Court on remand. 2. The predecessor of the petitioners namely Abul Bashar as plaintiff filed Title Suit No.45 of 1995 in the Court 1st Court of the Senior Assistant Judge, Gazipur for declaration of title and recovery of khas possession of .09 acres of land as mentioned in the sched..Category: Property Law | Date: | Hits: 32
Md. Belayet Hossain Vs. Abul Fayez Md. Abdullah and others, 2005, 34 CLC (AD)
.... Advocate (A.Quayum, Senior Advocate with him), instructed by Aftab Hossain, Advocate-on-Record-For Respondent No.1 Not represented— For Respondent Nos. 2-6 Civil Petition for Leave to Appeal No. 474 of 2005. (From the Judgment and Order dated 5.4.2005 passed by ......ay of all further proceedings of Title Execution Case No. 4 of 2000. 2. Respondent Nos. 2-4 as plaintiffs filed Title Suit No. 215 of 1996 before the 1st Court of Assistant Judge, Dhaka for declaration of title and recovery of possession of the suit property against respondent No.1 a..Category: Property Law | Date: | Hits: 33
Nurun Nabi Mullah and others Vs. Abdul Karim, 2005, 34 CLC (AD)
.... thereby affirming the judgment and decree dated April 16, 1998 of the 1st Court of Subordinate Judge (now Joint District Judge), Dhaka in Title Suit No.16 of 1989 decreeing the suit in preliminary form in respect of the land measuring .3471 acre. The suit was filed seeking declaration of ti......f Subordinate Judge (now Joint District Judge), Dhaka in Title Suit No.16 of 1989 decreeing the suit in preliminary form in respect of the land measuring .3471 acre. The suit was filed seeking declaration of title, recovery of possession and for allotment of separate saham upon partitio..Category: Property Law | Date: | Hits: 40
GM, Rangpur Palli Bidyut Samity Vs. Md. Ali Reza, 2006, 35 CLC (AD)
....rred to- 50 DLR 411. Lawyers Involved: Ziaul Hasan, Advocate instructed by Mahmuda Begum, Advocate-on-Record—For the Petitioner. Not represented—the Respondent. Civil Petition for Leave to Appeal No. 919 of 2005. (From the judgment and decree dated 5-1-2005 passed by the ...... Revision No. 5360 of 2000 making the Rule absolute. 2. Short facts are that the plaintiff instituted Other Suit No. 48 of 1998 in the Court of the Senior Assistant Judge, Mithapukur, Rangpur for declaration that the memo dated 10-2-1998 dismissing the plaintiff from the post of Line Technician,..Category: Employment/Service Law | Date: | Hits: 181
Sayeda Shajada Hossain & another Vs. Wega Fashion Sweater (Pvt) Ltd & ors., 2007, 36 CLC (AD)
....Mrs. Madlena D Rozario purchased the land from the CS recorded owners and possessed the same. The Government requisitioned the property by order dated 3-3-1952 in Requisition Case No. 16 of 1959-60 for the purpose of earth cutting for the Railway. The land was subsequently derequisitioned and res......, inter alia, that the writ petition involved complicated questions of fact as to title and also as to possession and dispossession which could not be decided without filing a proper suit for declaration of title and recovery of possession and, as such, the writ petition is not maintainable..Category: Property Law | Date: | Hits: 37
Maleka Khatun and others Vs. Amena Khatun and others, 2007, 36 CLC (AD)
....e 5th Court of Subordinate Judge (now Joint District Judge), Dhaka in Title Suit No. 22 of 1967 decreeing the suit. The suit was filed seeking declaration of title, recovery of khas possession and for separate saham upon partition of the land in suit. 2. It was the case of the plaintiff th......ming the judgment and decree dated March 30, 1968 of the 5th Court of Subordinate Judge (now Joint District Judge), Dhaka in Title Suit No. 22 of 1967 decreeing the suit. The suit was filed seeking declaration of title, recovery of khas possession and for separate saham upon partition of the land..Category: Property Law | Date: | Hits: 44
Nurul Huq Khan Vs. GM, Sonali Bank, Head Office, DhaÂka, Bangladesh and others, 1989, 18 CLC (AD)
....ing The decision of the Board of Directors to remove the petitioner from service amounts to giving approval to the entire- proceeding from the beginning to the end. So, any deficiency of authority for conclusion of the proceeding is cured……(3) Lawyers Involved: M. Amir-ul Islam, Advoca......udge, Rajshahi in Title Appeal No. 110 of 1984 and restoring those of the Munsif, Additional Court, Rajshahi in O.C. Suit No.1 of 1984 (393/1983). 2. Petitioner instituted the aforesaid suit for a declaration that the order of his dismissal from serÂvice as communicated to him by memo dated 26.1..Category: Employment/Service Law | Date: | Hits: 98
Mahaprabhu Ram Vs. Gopal Ram Ram & others, 1990, 19 CLC (AD)
....lant and the other heirs of Raj Kumar continued to occupy the suit land after Raj Kumar's death in 1939, they could only be treated as trespassers, not as tenants. That is why the landlords sued them for eviction as trespassers. The protection of section 88 is not available to the appellant because ...... way of adverse possession and under the Non-Agricultural Tenancy Act, ignoring that Raj Kumar had already died in 1939. The lower appellate Court's finding that the suit was not maintainable without declaration of title to the suit land was upheld and the appeal was dismissed by the judgment and de..Category: Tenancy Law | Date: | Hits: 169
Mosharraf Hossain Chowdhury and other Vs. Md. Jahurul Islam Chowdhury & ors, 2006, 35 CLC (AD)
.... 1970 of the Court of Subordinate Judge (now Joint District Judge) Rangpur in Other Suit No. 45 of 1968 so far the same relates to the land described in schedule 'Kha' and 'Ga' of the plaint. The aforementioned suit was filed seeking declaration of title in respect of the land of schedule 'Ka' o......dge (now Joint District Judge) Rangpur in Other Suit No. 45 of 1968 so far the same relates to the land described in schedule 'Kha' and 'Ga' of the plaint. The aforementioned suit was filed seeking declaration of title in respect of the land of schedule 'Ka' of Mouza Sonatala and as regard the la..Category: Property Law | Date: | Hits: 67
Md. Abdur Rahman Sikder Vs. Nur Mohammad Khan and others, 2005, 34 CLC (AD)
....idul Huq, Advocate-on-Record.—For the Petitione.r Syed Mahbubur Rahman, Advocate-on-Record-For Respondent No. 1. Not Represented-Respondent Nos. 2-35. Criminal Petition for leave to Appeal No. 51 of 2005 (From the judgment and order 10.1.2005 passed by the High...... of stay. The High Court Division discharged the rule holding, inter-alia, that the second party as plaintiffs instituted the aforesaid title suit against the first party petitioners for declaration of title, confirmation of possession and partition and on application for temporary inj..Category: Criminal Law | Date: | Hits: 70
Fazlul Kader Chowdhury Vs. Cyma Zarrar and another, 2006, 35 CLC (AD)
....ecord-For the Petitioner. Ozair Farooq, Senior Advocate, instructed by Md. Nawab Ali, Advocate-on-Record-Respondent No. 1. Not represented-Respondent No. 2. Criminal Petition for leave to Appeal No. 65 of 2004 (From the Judgment and Order dated 20. 10. 2003 passed by......r suit, being Title Suit No. 88 of 1998 at the instance of the first party respondent Cyma Zarrar the second party petitioner Fazlul Kader Chowdhury and another were sued where prayer was made for declaration of her title to the suit property and also for declaration that the power of attorney d..Category: Procedural Law | Date: | Hits: 154
Abdul Wahed Vs. Arun Kumar Ganguly & others, 1999, 28 CLC (AD)
.... settlement of the land described in schedule-Ka to the plaint in Settlement Case No.242 of 1962-63 and the same was recorded in his name in Khatian No. 646.This settlement was necessary for the purpose of his duty as shebayet of the deity kali installed in a temple upon the adjoining ......-1980 for setting aside his order. The matter was sent to defendant No.4 who illegally upheld the order of defendant No.3 by his order dated 22 May 1982. On these averments the plaintiff prayed for declaration of title in respect of 'Ka' schedule land and also for declaration that the aforesaid ..Category: Property Law | Date: | Hits: 35
Bangladesh Vs. Mst. Saleha Khatun and others, 2006, 35 CLC (AD)
....bdus Sobhan who died leaving wife plaintiff No. 9, three sons, plaintiff Nos.10-12 and two daughters, plaintiff Nos.13 and 14. It is the case of the plaintiffs that they are in possession of the land for more than 12 years on payment of rent and that during the last survey the land in suit instead o......ame upon reversing the judgment and decree dated June 29, 1992 of the Court of Senior Assistant Judge, Jamalpur in other class Suit No.107 of 1984 decreeing the same. 2. The suit was filed seeking declaration of title in respect of the land in suit measuring 1.09 acres. It is the case of the plai..Category: Property Law | Date: | Hits: 42
Anowarul Hoque Vs. Mohammad Tafazzal Mondal and others, 2006, 35 CLC (AD)
.... Judgement: Md. Tafazzul Islam J.- The defendants filed this civil petition for leave to appeal challenging the judgment dated 25.2.2004 passed by a Single Bench of the High C......the Title Suit No. 100 of 1989 of the Court of Assistant Judge, Kaligonj, District Jhenidah. 2. The respondent No.1, as plaintiff, filed the above Title Suit No. 100 of 1989 on 16.8.1989 for declaration of title and khas possession stating, inter alia, that his father late Mandar Mondal w..Category: Property Law | Date: | Hits: 28
Md. Aslam Khan Vs. Haji Abdur Rahim and others, 2006, 35 CLC (AD)
....Court by the judgment and decree dated February 23, 1995 decreed the Title Suit No.32 of 1993 which was filed seeking declaration that the kabala described in the schedule attached to the plaint is forged, fraudulent and void. 2. The suit was filed on September 8, 1993 having been served o......me and thereupon dismissing the suit being Title Suit No.32 of 1993. The trial Court by the judgment and decree dated February 23, 1995 decreed the Title Suit No.32 of 1993 which was filed seeking declaration that the kabala described in the schedule attached to the plaint is forged, fraudulent ..Category: Property Law | Date: | Hits: 35
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