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Gura Meah Vs. Hari Pada Parial & others, 1990, 19 CLC (HCD)
....ubstance in this appeal for what have been discussed above. In the result, the appeal is dismissed but there will be no order as to costs. Ed. This Case is also Reported in: 43 DLR (1991) 181.......sh Pada Parial as plaintiff instituted Partition Suit No. 87 of 1969 against Priya Bandhu Bhattacherjee, Nirmal Chandra Bhattacherjee, Haripada Parial and Nirode Baran. His case was that the disputed land measuring 1.51 acres appertaining to RS khatian No. 966 and 4072 of Mouza Paschim, Guzara under..Category: Property Law | Date: | Hits: 69
Zahir Sheikh Vs. Md. Yakub Ali and others, 1990, 19 CLC (HCD)
....ourt of Munsif, Bhaluka proceed with the suit in accordance with law. The Rule is accordingly made absolute without any order as to costs. Ed. This Case is also Reported in: 43 DLR (1991) 168.......itnesses. The contesting defendants filed an unsworn petition praying for dismissal of the suit on the ground of its non‑maintainability alleging that the schedule 2(ka) and 2 (kha) of the disputed land described in the plaint schedule situate at Trishal Upazila and as such the suit is not maintai..Category: Procedural Law | Date: | Hits: 102
Kadu and others Vs. State, 1990, 19 CLC (HCD)
....aused those injuries as found by the postmortem Doctor on the dead body of Asak Ali which none of the prosecution witness saw. Admittedly PW 9 Abdur Rashid is step brother of the deceased and he took settlement of some land which was in possession of the appellants and appellant Kadu filed a case un......‘appellants, as it transpired from the trend of cross‑examination of prosecution witnesses, is that they had been falsely implicated in this case by PW 9 Abdur Rashid with whom they had enmity over land. Their plea is that the occurrence, which led to the murder of Asak Ali, did not take place at ..Category: Criminal Law | Date: | Hits: 74
Feroja Khatoon Vs. Brajalal Nath & others, 1989, 18 CLC (HCD)
....e suit stands decreed. Since there is no appearance on the side of the opposite party No. 1, question of awarding costs does not arise. Ed. This Case is also Reported in: 43 DLR (1991) 160. ...... Court, Feni in OC Suit No. 45 of 1974, a suit for specific performance of contract of sale of immovable property, decreeing the suit. 2. The plaintiff brought the suit in respect of 0.24 acres of land out of total 2.66 acres appertaining to several plots mentioned in the schedule to the plaint f..Category: Property Law | Date: | Hits: 64
Rana Awan (Mrs.) Vs. Bangladesh, 1990, 19 CLC (HCD)
....ed authority on 14.11.83 as contained in Annexure‑H to the writ petition within 30 days from date. There will be no order as to costs. Ed. This Case is also Reported in: 43 DLR (1991) 139. ......Monza Kaoran, JL No. 263 within PS Tejgaon, in the District of Dhaka, and bearing Touzi No. 9859 described in detail in the schedule to the application. 3. It is alleged by the petitioner that the land on which this building stands originally belonged to some persons named Dengu Purification, Dom..Category: Property Law | Date: | Hits: 78
Shah Sekandar Molla Vs. New Sagurnal Tea Co. and Others, 2010, 39 CLC (AD)
....do not find any merit in the leave petition. In the result, the leave petition is dismissed. Ed. This Case is also Reported in: 31 BLD (AD) (2011) 65, 8 LG (AD) (2011) 103, 16 BLC (2011) 96. ......s by a single Court of competent jurisdiction is to avoid conflicting decisions with respect to the same property. Even in the case the suits are different for different properties but arising out of land of same plot, all the suits relating to the suit property, should be tried by one Court. Eviden..Category: Civil Law | Date: | Hits: 113
State Vs. Keramat Ali & another, 2010, 39 CLC (AD)
....rder as to cost. The judgment of the High Court Division is set aside. Ed. This Case is also Reported in: 63 DLR (AD) (2011) 102; 16 MLR (AD) (2011) 268; 8 LG (AD) (2011) 138; 9 ADC (2012) 536.......tory narrated by Kalim Uddin Sarker (P.W.1) on 1st April, 1987 at about 11-00 AM Muslim Uddin, cousin of informant Kalim Uddin Sarker was cutting the ail (demarcating wall) of the eastern side of the land at mouza Pogaldia, Azahar Ali and Keramat Ali, brothers of Azmat Ali, owner of the contiguous l..Category: Criminal Law | Date: | Hits: 90
Kazi Motiur Rahman and others Vs. Din Islam, 1990, 19 CLC (HCD)
....ected to pay the fine within 6 months from arrival of the records to the Lower Court. Send down the records of the Courts below at once. Ed. This Case is also Reported in: 43 DLR (1991) 128. ......gal. This contention also has no substance. The consideration in a case falling under section 379 is whether there was any bona fide claim With regard to the subject matter of the theft. The disputed land on which the hut is situated is no consideration in the present case as it is not the subject m..Category: Criminal Law | Date: | Hits: 73
Repco Laboratories Ltd. Vs. Nuruddin Ahmed and others, 1989, 18 CLC (HCD)
....ng on them stating, inter alia, that the suit plot Nos. 2205, 2206, 2207, 2211, 2215 and 2216 and some other lands were auction purchased by the Government in revenue sale and Lilabati Das took fresh settlement front the Government on 30.10.59 and had been in possession thereof. The plaintiffs acqui......o. 449 of 1961 against Lilabati Das the predecessor of the plaintiffs is void and not binding on them stating, inter alia, that the suit plot Nos. 2205, 2206, 2207, 2211, 2215 and 2216 and some other lands were auction purchased by the Government in revenue sale and Lilabati Das took fresh settlemen..Category: Procedural Law | Date: | Hits: 84
Durgarani Sarkar Vs. United Bank of India Ltd. and others, 1989, 18 CLC (HCD)
.... at the Bank's rate althrough till repayment of the same. In the facts and circumstances of the case there will be no order as to costs. Ed. This Case is also Reported in: 43 DLR (1991) 121. ......l Amin, Munsif, 3rd Court Comilla decreeing the Title Suit No. 359 of 1974 in part, a suit for Specific Performance of Contract, to the extent 0 0.05‑1/4 acre out of 0.06‑1/2 acre of the disputed land. 2. Plaintiffs case in short is that the disputed land originally belonged to one Sarada Pau..Category: Property Law | Date: | Hits: 70
Wahida Rashid (Most) and another Vs. Miron Muhammad Zahidul Hoque, 1990, 19 CLC (HCD)
....not call for any interference by this Court at this revisional stage. In the result, the Rule is discharged without any order as to costs. Ed. This Case is also Reported in: 43 DLR (1991) 115.......ff filed title suit No. 242 of 1977 in the First Court of Munsif, Kushfia with a prayer for ejectment of the defendant petitioners alleging, inter alia, that the plaintiff's father purchased the suit land in the name of the plaintiff. Thereafter they created building thereon and let out the suit pre..Category: Property Law | Date: | Hits: 66
Fariduddin Mahmud Vs. Md. Saidur Rahman and others, 2010, 39 CLC (AD)
....s apparent that he has not come to the High Court Division with clean hands. Therefore, he was legally entitled to any discretionary relief under Article 102(2) of the constitution. 9. An amicable settlement for payment of outÂstanding dues under the Ain of 2003 can be effected in these stages o......to cost. The judgment of the High Court Division is set aside. Ed. This Case is also Reported in: 63 DLR (AD) (2011) 93, 31 BLD (AD) (2011) 78, 8 LG (AD) (2011) 145, 16 MLR (AD)(2011) 205. ..Category: Civil Law | Date: | Hits: 113
Chowdhury Miah Vs. Dhanindra Kumar Shil and others, 1992, 21 CLC (HCD)
....the trial Judge is directed to hear and dispose of the suit within 28th February, 1993. Let a copy of the order be sent down at once. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 110. ...... Vs. Dhanindra Kumar Shil and others…………………....Opposite Parties Judgment December 10, 1992. Cases Referred To- Davies Vs. Otty (1865) 55 ER 875; W Strewart Vs. New Zealand Insurance Co. Ltd., (1912) 16 CWN 991=17 IC 188; Kolhapur Vs. Sundarak, AIR 1925 Madras, 497; R..Category: Procedural Law | Date: | Hits: 91
Bakth Bibi Vs. Bangladesh, 1992, 21 CLC (HCD)
....ernment are without authority and of no legal effect. I, therefore, agree with the order proposed to be passed by my learned brother. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 105. ......in time out of this wed‑lock she gave birth to five children‑two sons and three daughters. The said house property is known as ‘Kabliwala Building’ which was constructed by her husband on the land purchased partly in the name of her husband and partly in her name by two registered sale deeds..Category: Property Law | Date: | Hits: 73
.... which minutes of the Board meeting is annexed to the supplementary affidavit being Annexure ‘L’. The Board on that meeting held on 25.6.92 found that the new committee tried to come to an agreed settlement amongst the tenderers by allowing M/s Sharif and Co. to participate but there was a serio......med Vs. M/s HD Hossain and Brothers, 32 DLR (AD) 223; KM Guruswami Vs. State of Mysore, PLD 1956 (SC India) 53; UK Salsabil Vs. Shams Corporation, 37 DLR (AD) 117; AIR 1992 Kerala 265; 1976(3) All England Reports at page 665; AIR 1979 (SC) 1628, Harminder Singh Arora Vs. Union of India, 1986(3) SCC ..
Category: Others | Date: | Hits: 128
Hashem (Md.) Vs. Bangladesh and others, 1990, 19 CLC (HCD)
....s not an abandoned property. In the facts and circumstances of the case, we direct both parties to bear their respective costs although. Ed. This Case is also Reported in: 43 DLR (1991) 109. ...... were not denied by the government. The defendant government also does not dispute the tide of the plaintiff. So we find that the plaintiff has been able to prove his title and possession of the suit land till 16.12.71. The Government defendant in its written statement asserted that during the liber..Category: Property Law | Date: | Hits: 73
Nazir Ahmed and others Vs. Md. Hazee Kalu, 1989, 18 CLC (HCD)
.... other point in support of the appeal. There is no substance in this appeal. Accordingly, the appeal is dismissed. No order as to costs. Ed. This Case is also Reported in: 43 DLR (1991) 75. ......ng those of the learned Munsif, First Court, Cox's Bazar in Partition Suit No. 311 of 1969. 2. The plaintiff instituted Partition Suit No. 311 of 1969 against the defendants. His case was that the land described in schedule I to the plaint belonged to Ejahar Mia the predecessor‑in‑interest of..Category: Property Law | Date: | Hits: 66
Adamjee Sons Limited Vs. Jiban Bima Corporation, 1992, 21 CLC (HCD)
....nt one. In view of my discussion, I am led to hold that the appeal must fail. In the result, the appeal is dismissed with costs. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 89. ......ition. The parties to the suit agreed to refer the matter in dispute to arbitration. And an Arbitrator was appointed. Under the award made by him the defendant was to deliver vacant possession of the land in dispute to the plaintiffs and the plaintiffs were to pay the cost of litigation. The defenda..Category: Alternative Dispute Resolution | Date: | Hits: 174
Sarwar Kamal and others Vs. State, 1992, 21 CLC (HCD)
....ected to surrender to his bail bond and serve out the remaining sentence. Let the records be sent down to the lower court expeditiously. Ed. This Case is also Reported in: 48 DLR (1996) 61. ......Police Station is that when on 25.7.81 he (informant) along with his brother Lokman Hakim, Tajur Mulluk and nephews Abul Hashem, Abdul Gafur, Seraj Mia, Kashim Ali and Kala Mia were cultivating their lands in Dag Nos.735, 736 and 776 measuring 2.83 acres of mouza South Hila within Police Station Tek..Category: Criminal Law | Date: | Hits: 86
Ajiran Nessa Bewa and others Vs. Md. Abdul Mannan, 1992, 21 CLC (HCD)
....assed by the learned Munsif, Sreebordi, in OC Execution Case No.13 of 1984 is set aside and the execution case is dismissed. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 66, 29 BLD 323.......nst the petitioner No.1 Ajiran Nessa Bewa and her three sons, the other petitioners and obtained an ex parte decree on 28.4.80 restraining the petitioners from permanently entering into the scheduled land. The opposite Party subsequently filed the aforesaid execution case under order 21, rule 32 (1)..Category: Procedural Law | Date: | Hits: 95
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