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Durgarani Sarkar Vs. United Bank of India Ltd. and others, 1989, 18 CLC (HCD)
....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...... Mohammad Abdur Rouf J Durgarani Sarkar ....................................Petitioner Vs. United Bank of India Ltd. and others..........Opposite Parties. Judgment June 28, 1989. Cases Referred to- HN Fabrics Ltd. Vs. Mallick Textile Industries and others, 37 DLR (AD) 126. ......ng 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 Paul who let out the same in 1926 at a month......Opposite Parties. Judgment June 28, 1989. Cases Referred to- HN Fabrics Ltd. Vs. Mallick Textile Industries and others, 37 DLR (AD) 126. Lawyers Involved: Ruhul Amin, Advocate ‑ For the Petitioner. Syed Mahmud Hossain, Advocate ‑ For the Opposite Party No. 2. Civil Revis..Category: Property Law | Date: | Hits: 70
Wahida Rashid (Most) and another Vs. Miron Muhammad Zahidul Hoque, 1990, 19 CLC (HCD)
....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......y order as to costs. Ed. This Case is also Reported in: 43 DLR (1991) 115....... 1965 (Madras) 610; Chief Kwame Asante, Tredehene Vs. Chief Kwame Tawia, 9 DLR (PC) 686; AIR 1956 (Madras) 611; Mafizuddin Mia Vs. Muzlim Khandaker and others, 6 DLR 588; Neyaz Ahmed Khan Vs. Anwari Khatoon, 22 DLR 444, Santosh Lala Ghope Vs. Ahmed Ali, 25 DLR 142; 22 DLR 444; 6 DLR 588, AIR 1916 (P...... Khatoon, 22 DLR 444, Santosh Lala Ghope Vs. Ahmed Ali, 25 DLR 142; 22 DLR 444; 6 DLR 588, AIR 1916 (Patna) 31, AIR 1933 (Patna) 31; AIR 1930 (Bombay) 30; AIR 1938 (Rangoon) 35; Profulla Kumar Chakraborty Vs. Anil Proshad Chowdhury and others, 33 DLR (AD) 55. Lawyers Involved: Abdur Rahim, Adv..Category: Property Law | Date: | Hits: 66
Fariduddin Mahmud Vs. Md. Saidur Rahman and others, 2010, 39 CLC (AD)
....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. ...... Kumar Sinha J Fariduddin Mahmud...........................................Appellant Vs. Md. Saidur Rahman and others ...........................Respondents Judgment June 10, 2010. Cases Referred to- Lindsay Petroleum Vs. Prosper Armstrong Hurd (1874)5 PC 221; Antibiotic Stores ......No. 5085 of 2008 arising out of Artha Jari Case No. 153 of 2007 pending in the Court of Artha Rin Adalat Court No.1, Chittagong (the Adalat). 2. Facts relevant for the disposal of this appeal are that the respondent No.2 instituted Artha Rin suit No.66 of 2006 in the Artha Rin Adalat No.1, Chitta...... Md. Saidur Rahman and others ...........................Respondents Judgment June 10, 2010. Cases Referred to- Lindsay Petroleum Vs. Prosper Armstrong Hurd (1874)5 PC 221; Antibiotic Stores Vs. Subordinate Judge and Artha Rin Adalat, 55 DLR (AD) 43; Islami Bank Bangladesh Vs. Md. Shaf..Category: Civil Law | Date: | Hits: 113
Chowdhury Miah Vs. Dhanindra Kumar Shil and others, 1992, 21 CLC (HCD)
.... 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...... the order be sent down at once. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 110. ......d from the side of the petitioner for an order to have his deposition expunged as being inadmissible. The trial judge, by the impugned order dated 5.8.91, rejected the same. It is against this order that the petitioner obtained the present rule. 2. The sole question that is involved in this rule......ty (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; Rosi Vs. Pillamma, (1909) 20 MLJ 400; Mangal Sen Vs. Emperor, 1929 Lah. 840; Mt. Moril Kuer Vs. Rajab Ali, 1936 Patna, 34; Ahmed Ali Vs. Joti Prasad, 1944 All..Category: Procedural Law | Date: | Hits: 91
Bakth Bibi Vs. Bangladesh, 1992, 21 CLC (HCD)
....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......¦â€¦â€¦â€¦â€¦.Petitioner Vs. Bangladesh, represented by the Secretary, Ministry of Works, Government of Bangladesh and others………………..Respondents Judgment October 28, 1992. Cases Referred to- M/s ATJ Industries Limited and others Vs. The Government of Bangladesh, 27 DLR ......st the judgment and order dated 7.3.89 passed by the Court of Settlement in Case No.1022 of 1987. The case was filed by the petitioner Bakht Bibi for the release of a three‑storied building at 93, Chatteswary Road, Chittagong, from the list of the abandoned property declared abandoned and taken po......pecial Original Jurisdiction) Present Naimuddin Ahmed J Mohammad Gholam Rabbani J Bakth Bibi……………….Petitioner Vs. Bangladesh, represented by the Secretary, Ministry of Works, Government of Bangladesh and others………………..Respondents Judgment October 28, ..Category: Property Law | Date: | Hits: 73
Shafiuddin Khan (Md) Vs. State and another, 1993, 22 CLC (HCD)
....against the accused petitioner under section 420 BPC after amending the charge in the light of the observation made in the judgment. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 102. ......nsar Ali J Kazi Ebadul Hoque J Shafiuddin Khan (Md)……………………Petitioner Vs. The State and another…………………..Opposite Parties Judgment January 6, 1993. Cases Referred to- Md. Shahjahan Vs. Haji Yeakub Ali, 31 DLR, 63; Abdur Rahim Vs. Begum A. Murshed......aj Bacha @ Prithirq Bacha Vs. The State, 10 DLR 325; Meser Ali and another Vs. State, 26 DLR 146; Akamuddin Ahmed Vs. The State, 27 DLR (AD), 175; Shah Jahan Vs. Atiqur Rahman, 7 BLD 164; Mst. Sakha Khatun Vs. The State, BCR 1985 (HCD) 150. Lawyers Involved: Miah Abdul Gafur with Abbasuddin A......ther…………………..Opposite Parties Judgment January 6, 1993. Cases Referred to- Md. Shahjahan Vs. Haji Yeakub Ali, 31 DLR, 63; Abdur Rahim Vs. Begum A. Murshed, 34 DLR, 320; Emperor Vs. Debendra Prosad, 13 CWN 728; Prithiraj Bacha @ Prithirq Bacha Vs. The State, 10 DLR 325; Mese..Category: Criminal Law | Date: | Hits: 132
Hashem (Md.) Vs. Bangladesh and others, 1990, 19 CLC (HCD)
.... 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...... Ed. This Case is also Reported in: 43 DLR (1991) 109. ......ent and decree dated 30.6.87 passed by the Subordinate Judge, 3rd Court, Dhaka in Title Suit No. 353 of 1984 dismissing the suit. 2. The appellant as plaintiff filed the said suit for declaration that he is a citizen of Bangladesh and that the suit property is not an abandoned property. 3. The........................Appellant Vs. Bangladesh and others...........................Respondents. Judgment August 16, 1990. Lawyers Involved: M1 Farooqui with M Saleemullah, Advocates - For the Appellant. Kaiseruddin Ahmed, Deputy Attorney General ‑ For the Respondents. Appeal f..Category: Property Law | Date: | Hits: 73
Nazir Ahmed and others Vs. Md. Hazee Kalu, 1989, 18 CLC (HCD)
....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......sent: AM Mahmudur Rahman J Nazir Ahmed and others.........................Appellants Vs. Md. Hazee Kalu ....................................Respondent. Judgment January 1, 1989. Cases Referred to- Pathana Vs. Mst. Wasai, 17 DLR (SC) 47; Mussummat Durga Chowdhrian Vs. Jawahir Sin...... affirming 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‑int......s. Mst. Wasai, 17 DLR (SC) 47; Mussummat Durga Chowdhrian Vs. Jawahir Singh Chowdhury, 17 Indian Appeals 122. Lawyers Involved: SK Zulfiqur Bulbul Chowdhury with Farmanullah Khan, Advocates ‑For the Appellants. M Fazlul Karim, Advocate ‑ For the Respondent. Second Appeal No.146 of 19..Category: Property Law | Date: | Hits: 66
Adamjee Sons Limited Vs. Jiban Bima Corporation, 1992, 21 CLC (HCD)
....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......ith costs. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 89. ......expression of Sir John Bonaldson, Mr. “…………Where there is a choice between arbitration and litigation, there will be a number of factors to be taken into account. The claim usually made in that arbitration is quicker, cheaper, more expert and more private than litigation…………..If yo......urt High Court Division (Civil Appellate Jurisdiction) Present: AM Mahmudur Rahman J Syed JR Mudassir Husain J Adamjee Sons Limited................Appellant. Vs. Jiban Bima Corporation............Respondents Judgment August 3, 1992. Cases Referred To- LIGH Arif..Category: Alternative Dispute Resolution | Date: | Hits: 174
Sarwar Kamal and others Vs. State, 1992, 21 CLC (HCD)
....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..........Appellants Vs. State……………………………………………………………………Respondents Judgment September 3, 1992. Result: The appeal is dismissed. Cases Referred to- Abdul Karim Vs. State and others, 1981 BLD, (AD) 200; Sultan Muhammad Vs. Crown......tence of the accused‑appellants. 2. The prosecution case as has been made out in the First Information Report dated 25.7.81 lodged by one Badiur Rahman (P.W.1) with the Teknaf Police Station is that when on 25.7.81 he (informant) along with his brother Lokman Hakim, Tajur Mulluk and nephews Abu......ndents Judgment September 3, 1992. Result: The appeal is dismissed. Cases Referred to- Abdul Karim Vs. State and others, 1981 BLD, (AD) 200; Sultan Muhammad Vs. Crown 1955 PLD Lahore 575; State Vs. Manzoor Ahmed 18 DLR (SC) 444; Sardarali & another Vs. State 22 DLR (SC) 129;..Category: Criminal Law | Date: | Hits: 86
Babul and others Vs. State, 2011, 40 CLC (HCD)
....other case. Since appellant No.3 Abdur Rab Chowkider is on bail, he is released from his bail bond. Send down the lower Court records. Borhanuddin J.-I agree. This Case is also Reported in: ......¦â€¦â€¦â€¦â€¦â€¦â€¦â€¦â€¦â€¦â€¦â€¦â€¦â€¦â€¦â€¦â€¦â€¦â€¦Appellants Vs. The State………………………………………………………….…Respondent Judgment July 21, 2011. Cases Referred To- Ismail Sarker alias Sudan Member and others Vs. The State 33 DLR 320; Soleman a......reunder to suffer rigorous imprisonment for life with a fine of Taka 20,000/- for each in default to suffer rigorous imprisonment for one year more. 2. Facts leading to this appeal, in brief, are that one Ayati Begum (P.W.1) filed a petition of complaint before the Magistrate of first class, Laks......l bond. Send down the lower Court records. Borhanuddin J.-I agree. This Case is also Reported in: ..Category: Criminal Law | Date: | Hits: 111
Ajiran Nessa Bewa and others Vs. Md. Abdul Mannan, 1992, 21 CLC (HCD)
....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)......ni J Ajiran Nessa Bewa and others ………………..Petitioners. Vs. Md. Abdul Mannan .......Opposite‑party Judgment April 30, 1992. Result: The rule is made absolute. Cases Referred to- Barhanuddin Ahmed Vs. Veda Brata Chakraborty, 16 DLR 61; Moyna Mia Vs. Haji Abd...... petitioners from permanently entering into the scheduled land. The opposite Party subsequently filed the aforesaid execution case under order 21, rule 32 (1) of the Code of Civil Procedure alleging that the petitioners disobeyed the decree by forcibly entering into the schedule land on 15th Baishak......itioners. Vs. Md. Abdul Mannan .......Opposite‑party Judgment April 30, 1992. Result: The rule is made absolute. Cases Referred to- Barhanuddin Ahmed Vs. Veda Brata Chakraborty, 16 DLR 61; Moyna Mia Vs. Haji Abdus Samad, 33 DLR 207; Saleh Ahmed Chowdhury Vs. Kabir Ahmed, ..Category: Procedural Law | Date: | Hits: 95
Gouri Rani Dutta Vs. Taib Ali & others, 1989, 18 CLC (HCD)
....85 against the defendant ‑petitioner in The 6th Court of Munsif, Dhaka valuing the suit as Tk. 6,000/‑ only praying for a declaration of 16 annas right, title, interest and possession in the suit land described in the schedule. The defendant‑petitioner received notice of the suit, contested th...... Result: The Rule is discharged. Where the plaintiff withdraws from a suit, or abandons part of a claim, without the permission referred to sub-rule (2) he shall be liable for such costs as the court may award and shall be precluded from instituting any fresh suit in respect of such sub......ent forums as he chooses. The remedy of the common defendant in the multifarious suits will be governed by section 10 of the code of civil procedure. The language of section 10 is a clear indication that successive suits on this same cause of action is different forums is permissible in law…&......Taib Ali & others......................................Opposite Parties Judgment June 14, 1989. Result: The Rule is discharged. Where the plaintiff withdraws from a suit, or abandons part of a claim, without the permission referred to sub-rule (2) he shall be liable for ..Category: Procedural Law | Date: | Hits: 92
Bangladesh Vs. Abdul Wahab & others, 1991, 20 CLC (HCD)
....he case do not admit of any dispute. Plaintiffs who figured as opposite parties in Civil Rule brought a suit against the petitioner and others seeking declaration of their title in respect of certain land described in the schedule of the plaint. The suit was decreed on 23.9.89. On 1.10.89 an applica...... Advocates - For the Opposite Parties. Civil Rule No. 114(F) of 1990. Judgment Syed Fazle Ahmed J.- The rule which arose out of the application condonation of delay in preferring appeal was heard by the Bench comprising Mr. Justice Bimalendu Bikesh Roy Choudhury and Mr. Justice Abdul Ha......alendu Bikesh Roy Choudhury and Mr. Justice Abdul Hasib and as their Lordships failed to return an unanimous verdict, their Lordships entered into dissenting judgment. It is under this circumstances that the matter was placed before the learned Chief Justice for passing an appropriate order and the ......angladesh ......................... Petitioner Vs. Abdul Wahab & others ...................Opposite Parties Judgment June 3, 1991. Lawyers involved: Kaiseruddin Ahmed, Deputy Attorney‑General ‑ For the Petitioner. M Nurullah with M Shafiullah, Advocates - For the Oppos..Category: Procedural Law | Date: | Hits: 87
Rashid Ahmed Vs. Abdul Nabi Sawdagar and others, 1990, 19 CLC (HCD)
....ioners. Not represented‑ the Opposite Parties. Civil Revision No.199 of 1984. Judgment AM Mahmudur Rahman J.- In this Rule the petitioner was lessee under the Government of the disputed land which was treated by the Government as enemy property. 2. The petitioner obtained lease for ......o order as to Costs. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 29. ...... of 1973 in the Court of Munsif, North Raozan. The suit was contested by defendant Nos. 1, 2, 4, 5, 6 and 9 by filing written statement. They denied the allegation made in the plaint. Their case was that the plaintiffs have no right, title and interest in the property which the defendants cultivated......ed................. Petitioner Vs. Abdul Nabi Sawdagar and others.....................Opposite Party Judgment August 14, 1990. Lawyers Involved: Mustafa Niaz Muhammad, Advocate ‑ For the Petitioners. Not represented‑ the Opposite Parties. Civil Revision No.199 of 1984. ..Category: Property Law | Date: | Hits: 75
Tajjaternessa Vs. Md. Suruj Mia and others, 1992, 21 CLC (HCD)
....opposite party Nos. 1 to 3, filed the said suit for partition and on the basis of compromise between the plaintiff and the defendants, the suit was finally decreed on 25.11.64 and the parties got the land of their respective sahams by demarcation and posting of pillars. The plaintiff filed an applic......a) Judgment Md. Badruzzaman J.- In this Rule, issued on an application under section 115 of the Code of Civil Procedure, the defendant No.1 challenged the legality of the order dated 8.11.1984 passed by the Munsif, 3rd Court, Comilla rejecting his application to vacate the earlier order dated ......, 3rd Court, Comilla rejecting his application to vacate the earlier order dated 25.8.1984 passed in Title Suit No.225 of 1963. 2. The facts relevant for the purpose of disposal of this Rule are, that Amir Hossain, predecessor‑in-interest of opposite party Nos. 1 to 3, filed the said suit for p......jaternessa...................Petitioner Vs. Md. Suruj Mia and others... ………….Opposite Parties Judgment January 22, 1992. Lawyers Involved: Nowazish Ara Begum, Advocate ‑ For the Petitioner. Amir Hossain, Advocate ‑ For the Opposite Party Nos. 1‑3. Civil Revisio..Category: Property Law | Date: | Hits: 76
Abdul Jalil Sheik Vs. Md. Abdul Quddus Sarker, 1991, 20 CLC (HCD)
....he petitioner is that he failed Miscellaneous Case No.32 of 1983 under section 96 of the East Bengal State Acquisition and Tenancy Act against the opposite party pre‑emptee for pre‑emption of the land of Mouza Delua, SA Khatian No.831, Plot No.480 being an area of 0.06 decimals which is a part o......bsolute without any order as to costs. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 18. ...... Assistant Judge), Upazilla Court Belkuchi in Miscellaneous Case No. 26 of 1985 rejecting a Review Petition under Order 47, rule 2 of the Code of Civil Procedure. 2. The case of the petitioner is that he failed Miscellaneous Case No.32 of 1983 under section 96 of the East Bengal State Acquisition......ib J Abdul Jalil SheikÂ………..Petitioner. Vs. Md. Abdul Quddus Sarker............Opposite Party. Judgment June 12, 1991. Lawyers Involved: Abdul Momin Talukder, Advocate ‑For the Petitioner. Not represented ‑ the Opposite Party. Civil Revision No. 1332 of 1991 (Dh..Category: Property Law | Date: | Hits: 75
Afzal Meah Vs. Bazal Ahmed and others, 1991, 20 CLC (HCD)
.... thus: Opposite party No.1 pre-emptor petitioner filed the pre‑emption case being Miscellaneous Case No.608 of 1979 in the Court of Munsif, 1st Court, Chittagong contending, inter alia, that the land described in Schedule 1 of the application originally belonged to Tamizuddin as per CS record o......‘ For the Opposite Party No. 1. Civil Revision No.1348 of 1989. Judgment Syed Fazle Ahmed J.- This Rule calls in question the legality and propriety of the judgment and order dated 22.10.89 passed by Sub‑Judge, Chittagong, in Miscellaneous Appeal No.125 of 1983 reversing the Judgment and ......y be put thus: Opposite party No.1 pre-emptor petitioner filed the pre‑emption case being Miscellaneous Case No.608 of 1979 in the Court of Munsif, 1st Court, Chittagong contending, inter alia, that the land described in Schedule 1 of the application originally belonged to Tamizuddin as per CS ...... Ahmed J Afzal Meah.................Petitioner Vs. Bazal Ahmed and others.................Opposite Parties Judgment April 1, 1991. Lawyers Involved: Md. Ruhul Amin, Advocate ‑ For the Opposite Party-Petitioner No. 8. Md. Momtazuddin Ahmed, Advocate ‑ For the Petitioner. ..Category: Property Law | Date: | Hits: 72
Begum and Company Ltd. Vs. Rupali Bank and others, 1994, 23 CLC (HCD)
....d to dispose of the same in accordance with law within a reasonable time preferably 3 (three) months from the date of receipt of this order. Ed. This Case is also Referred to: 48 DLR (1996) 23. ......ferably 3 (three) months from the date of receipt of this order. Ed. This Case is also Referred to: 48 DLR (1996) 23. ......instituted Money Suit No.131 of 1987 with a prayer for a decree for sum Taka 95, 83,949.18 paisa against the defendant petitioner and the defendant-opposite party No. 2 on the averments, inter alia, that the defendant Nos.1-4 were granted benefit of credit facilities for financing purchase and expor......upali Bank and others………………………………………Opposite Parties Judgment June 12, 1994. Lawyers Involved: Nurul Islam Chowdhury, with Md. Khurshid Alam Khan, Advocates-For the Petitioner. Badruddin Ahmed, Advocate-For the Opposite party No.1. Civil Revision No. 3..Category: Civil Law | Date: | Hits: 92
Category: Property Law | Date: | Hits: 91