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Government of Bangladesh Vs. Md. Osimuddin, 2005, 34 CLC (AD)
....eal was filed against the judgment arid decree dated February 23, 1989 of the Court of Additional Assistant Judge, Gazipur in Title Suit No. 22 of 1987 dismissing the same. The suit was filed seeking declaration that the ex parte decree dated 28.11.1981 obtained in Title Suit No. 860 of 1981 was voi..Category: Property Law | Date: | Hits: 38
Azizullah @ Azizur Rahman Vs. Abu Taher Chowdhury and others, 2006, 35 CLC (AD)
....13th August, 2001 passed by this Division in civil petition for leave to Appeal No. 1030 of 1997 dismissing the same. 2. The plain tiff-respondent herein filed Title Suit No.252 of 1974 for declaration of his title and recovery of khas possession of the suit land and also for mesne profit..Category: Procedural Law | Date: | Hits: 71
Badsha Miah (Md) Vs. Sonali Bank and others, 2006, 35 CLC (AD)
....ative Tribunal, Dhaka in Tribunal Case No. 228 of 1997 allowing the same. 2. The relevant facts are that the appellant filed the above case before the Administrative Tribunal, Dhaka for declaration that he is entitled to get all the financial benefits for the period from the date of ..Category: Administrative Law | Date: | Hits: 103
Bangladesh Vs. AKM Enayetullah, 2006, 35 CLC (AD)
.... 2. The short facts for disposal of the appeal are that, the respondent as Writ petitioner, AKM Enayetullah, filed the above writ petition calling upon the appellant the writ-respondent for declaration that the notice dated 11-5-2002 (Annexure-M) issued by the appellant (writ-respondent) ..Category: Employment/Service Law | Date: | Hits: 69
Mustafizur Rahman Vs. Md. Amjad Hossain, 2006, 35 CLC (AD)
....ntly written 2nd Court of Munsif, Jessore) in Title Suit No. 36 of 1989 (in the leave granting order inadvertently typed Title Suit No. 417 of 1978) dismissing the same. The suit was filed seeking declaration that the Heba-bil-ewaz deed bearing No. 394 of 1989 executed on 5-2-1989 and presented ..Category: Property Law | Date: | Hits: 30
Tahedul Islam (Md) and others Vs. Md. Mojibar Rahman and others, 2006, 35 CLC (AD)
....ersing the judgment and decree dated February 28,1988 of the Court of Senior Assistant Judge, Gaibandha in Other Class Suit No. 324 of 1986 decreeing the same. 2. The suit was filed seeking declaration of title in respect of the land described in schedule 'Ka' attached to the plaint and t..Category: Property Law | Date: | Hits: 36
Farida Akhter and others Vs. Bangladesh, 2005, 34 CLC (AD)
....Articles 9, 11 and 59 of the Constitution. Article 7(2) of the Constitution says that any law inconsistent with the Constitution shall be void. Learned Counsels for the appellants are seeking a declaration of nullity of the Repeal Ordinance on this ground. A law is inconsistent with another ..Category: Constitutional Law | Date: | Hits: 221
Paper Converting & Packaging Ltd. Vs. Govt. of the People’s Repub of BD and ors, 2006, 35 CLC (AD)
....except upon a decision from the Court. The cause of action has arisen on 12-6-76, 23-7-76 and 13-9-76 as stated hereinabove within PS Ramna and jurisdiction of the Court. Hence the suit for simple declaration that the property in schedule belonged to and is part of the assets of the company and ..Category: Procedural Law | Date: | Hits: 93
Anwar Hossain Chowdhury Vs. Bangladesh, 1989, 18 CLC (AD)
.... resolve that in order to give effect to this instrument we appoint Prof. Yusuf Ali, our duly constituted Potentiary, to give to the President and Vice-President oaths of office. 46. This declaration envisages the following:- (a) Because of the unjust war and genocide of the P..Category: Constitutional Law | Date: | Hits: 1934
Md. Badruddin Moral and others Vs. Santosh Kumar Sen and others, 1989, 18 CLC (AD)
.... aforesaid suit was originally instituted in the court of Munsif, Saikhira being Title Suit, No. 143 of 1973 and on transfer to Debhata Upazila it was renumbered Title Suit No. 8/85. The suit was for declaration of Title and further that the S.A. Khatian was wrong. Some of the defendants filed writt..Category: Procedural Law | Date: | Hits: 110
Bangladesh House Building Finance Corporation Vs. Abdul Mannan, 1989, 18 CLC (AD)
....tg) of 1983. 2. Facts are as follows:— Plaintiffs filed Other Suit No.147 of 1981 against the appellant House Building Finance Corporation in the 1st Court of Munsif, Sadar, Chittagong for a declaration that; (a) that a decree be passed declaring that the plaintiff and other loanees of t..Category: Property Law | Date: | Hits: 41
Syed Nizamuddin Mohsin Vs. People's Republic of Bangladesh, 1989, 18 CLC (AD)
.... Acquisition and Tenancy (Fourth Amendment) Order, 1972 (President's Order No. 135 of 1972.) 2. The plaintiff filed Title Suit No. 51 of 1970 in the First Court of Subordinate Judge, Barisal for a declaration of his title to the suit land measuring 12.40 acres. His case is that the suit land appe..Category: Property Law | Date: | Hits: 42
Abdul Hakim @ Lokman Hakim Vs. State, 1989, 18 CLC (AD)
....re is no eye witness to the occurrence but the evidence adduced by the PW 1 who rushed to the victim immediately after the occurrence appears to be trust worthy and convincing. Moreover, in the dying declaration appellant was mentioned as the assailant. Acquittal of the co-accused by the trial court..Category: Criminal Law | Date: | Hits: 61
ADC, Revenue and Assis. Custodian Vested Property, Chandpur Vs. Tafurnessa, 1989, 18 CLC (AD)
....roceeding in V.P. Case No. 24 of 1978-79 was illegal and void. 3. Facts are as follows:-Plaintiff filed a title suit being Title Suit No. 198 of 1979 in the Second Court of Munsif, Chandpur, for a declaration that the lease of the suit land by defendant Nos. 1 to 3 is illegal, without jurisdict..Category: Property Law | Date: | Hits: 56
Sona Mia Bepari & others Vs. Jamila Khatun & others, 1989, 18 CLC (AD)
.... plaintiff No. 1 Kabil Miah Mesteri (since deceased), who was the father of Respondent No. 1 and 3 (defendants 1 and 2), and the Respondent No. 4 (Plaintiff No. 2) instituted the aforesaid suit for declaration that the Hiba-Bil-Ewaz deed dated 22.1.75 (Ext.1 A1) in favour of his (Plaintiff No. 1..Category: Property Law | Date: | Hits: 33
Nuruzzaman Sarkar Vs. Seraj Mia & others, 1989, 18 CLC (AD)
....ot have exclusive title over the entire suit land. On the contrary greater part of the suit land is in fact enemy and vested property. The plaintiff-appellant therefore is not entitled to a decree of declaration of title under section 42 of the specific relief act for the entire disputed property. T..Category: Property Law | Date: | Hits: 75
Sanatannessa Bewa Vs. Haipatullah Sarker & others, 1989, 18 CLC (AD)
....actory legal plea on the part of the plaintiff-appellant which prevented him from attending court when the case was fixed for hearing'. 4. It appears that the second appeal arose out of a suit for declaration that a Hiba-Bil-Ewaj was obtained by fraud. Both the courts below concurrently found t..Category: Procedural Law | Date: | Hits: 96
Soleman Miah & others Vs. Ishaque Ali being dead his heirs Jairun Nessa & ors, 1989, 18 CLC (AD)
..... 3. Briefly the facts of the case are that the respondent No. 1 Ishaque Ali, since deceased, and substituted by his heirs, brought Title Suit No. 34 of 1962 in the court of Munsif, Sylhet for declaration of title and recovery of khas possession. The suit was decreed on 9.2,62. An appeal agai..Category: Civil Law | Date: | Hits: 106
Hazi Waziullah Vs. Additional Deputy Commissioner, Revenue, Noakhali, 1989, 18 CLC (AD)
.... Division (Comilla Bench) modifying the judgment and decree dated 31 March 1979 of the Subordinate Judge, Noakhali, in Title Suit No. 417 of 1978. 2. Plaintiffs-appellants filed the said suit for declaration of their title to the suit land as they found their title clouded by a Notice dated 18 A..Category: Procedural Law | Date: | Hits: 146
Abdul Matin & others Vs. Shuruj Mia, being dead his heirs: Taibunnessa & Others, 1989, 18 CLC (AD)
....he judgment in Civil Revision No. 1163 of 1978. 2. Plaintiffs are the appellants. They filed Title Suit No. 1974 in the 1st Court of Munsif, Moulvibazar, Sylhet against the respondents praying for declaration of their right of way over the suit lands, a pathway, and for permanent injunction res..Category: Property Law | Date: | Hits: 36