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KM Zahirul Haque Vs. Shahida Khanam and others, 2006, 35 CLC (AD)
....in the plaint and stating, inter alia, that the suit as framed is not maintainable, the suit is barred by limitation and barred by the provision of section 42 of the Specific Relief Act and bad for defect of party. It was the definite case of the defendant that on November 9, 1979 upon receiving ......int and stating, inter alia, that the suit as framed is not maintainable, the suit is barred by limitation and barred by the provision of section 42 of the Specific Relief Act and bad for defect of party. It was the definite case of the defendant that on November 9, 1979 upon receiving Taka 25,0..Category: Property Law | Date: | Hits: 31
Abu Asad Bhuiyan and others Vs. Abu Taher Bhuiyan and others, 2006, 35 CLC (AD)
.... the discussions made hereinabove we find merit in the appeal. Accordingly, the appeal is allowed with costs. Ed. This Case is also Reported in: 12 BLC (AD)(2007) 9, 17 MLR (AD) (2012) 61. ...... the contention whether the suit for declaration of title simpliciter could be maintained. It may be mentioned in Title Suit No.69 of 1961, decree whereof was challenged by the plaintiff he was not a party in the said suit. This Court observed in the reported case that the learned Counsel for the ap..Category: Property Law | Date: | Hits: 33
Md. Abul Fazal and another Vs. The State and another, 2007, 36 CLC (AD)
.... in the submissions of the learned Advocate for the petitioner. Accordingly, the leave petition is dismissed. Ed. This Case is also Reported in: V ADC (2008) 355. ......he impugned direction to bear day to day cost is against the provision of law, illegal and harsh. He further submitted that law does not permit to pass an order for payment of cost upon a party who won the case and, as such, the High Court Division erred in law in passing the impu..Category: Criminal Law | Date: | Hits: 31
Md. Babar Ali Vs. Md. Shamsul Alam and others, 2006, 35 CLC (AD)
.... no cogent reason to interfere with the same. The petition is dismissed. Ed. This Case is also Reported in: V ADC (2008) 312. ......uated at C.S. Dag No. 1006 was owned by Hanif Faruk Ansari; the S.A. record contained 13 decimals of land of the above dag and also other land of the Jote; Hanif Faruk Ansari died leaving opposite party Nos. 2-15 who, on 20.1.1995, sold 6 ½ decimals of land from the aforesaid dag to the p..Category: Property Law | Date: | Hits: 30
Digandra Chandra Pandith Vs. Abdur Razzaque and another, 2006, 35 CLC (AD)
....e is not in fact a deed of exchange but a sale deed, that the Miscellaneous Case is not barred by limitation, that the pre-emptor is a co-sharer and that the Miscellaneous Case is not bad for defect of party. 6. As against the judgment and order of the lower appellate Court the pre-e......that he had initial knowledge about the transfer on January 21, 1995. It is also the case of the pre-emptor that he is a co-sharer of the holding land of which has been transferred by the opposite party No. 2 and that the pre-emptee is a stranger. 3. The prayer for pre-emption was oppose..Category: Property Law | Date: | Hits: 20
Mosharraf Hossain and others Vs. Md. Shahid Ali, 2006, 35 CLC (AD)
....re-emption on the finding that the pre-emptor is the contiguous land holder to the land sought to be pre-empted and that the Miscellaneous case is not barred by limitation and also not bad for defect of party. On appeal by the pre-emptee the appellate Court set aside the judgment of the tria......ght claiming to be a contiguous land owner. It appears from the judgment of the High Court Division sought to be appealed that the civil revision was heard in the absence of the opposite party since no one appeared to oppose the Rule. 2. The trial Court allowed the prayer for pr..Category: Property Law | Date: | Hits: 23
Md. Shahidur Islam and others Vs. Md. Habibur Rahman and others, 2007, 36 CLC (AD)
....ten statement denying all the material allegations made in the plaint contending, inter alia, that the plaintiffs have no cause of action for filing the suit which is barred by limitation, bad for defect of parties, the suit is filed with an ulterior motive for illegal gain and the plaintiffs ha......enged, the plaintiff filed a suit for cancellation of deed only, followed by a consequential relief of recovery of khas possession. He next submits that the Government is not an interest party in the present suit land and as such there is no need for making the Government a party ..Category: Property Law | Date: | Hits: 24
Matiar Rahman Vs. Assist Custodian of Enemy Property Lands & Buildings, Bakerganj, 2007, 36 CLC (AD)
....ade hereinabove we find merit in the appeal. 26. Accordingly, the appeal is allowed without any order as to costs. Ed. The Case is also Reported in: IV ADC (2007) 991. ...... of the property migrated to India, that recorded owner Sreenath Chatterjee died on July 24, 1947 and as such decree obtained in Title Suit No. 198 of 1970 showing said Sreenath Chatterjee as party to the compromise was illegal. 5. The trial Court on consideration of the materia..Category: Property Law | Date: | Hits: 34
Abdur Rahman and others Vs. Sultan @ Sultan & others, 1982, 11 CLC (AD)
....ndolent respondent cannot claim any equitable relief. In the result, therefore, this appeal is allowed with costs. The order of the High Court Division is set aside. Ed. ......formed of the recommencement of the Court's proceeding. If the Court nevertheless proceeds to dispose of the suit without giving such notice the decree passed will not be nullity but the aggrieved party can reasonably complain that he was not aware of the last leg of the proceedings and the Cour..Category: Property Law | Date: | Hits: 23
Dr. Hafizur Rahman and another Vs. State, 2007, 36 CLC (AD)
....y;stance in this petition and find no other alternative but to dismiss the same. In the result, the petition is dismissed. Ed. This Case is also Reported in: V ADC (2008) 258. ......mpletion of investigation submitted final report, which was accepted by the learned Magistrate on 25-02-2001 discharging the accused-petitioners from the case. Against which, the opposite-party No. 2, the informant filed a naraji petition, which was allowed with a direction for holding..Category: Criminal Law | Date: | Hits: 42
Md. Abdul Karim Vs. Md. Nurul Islam and others, 2007, 36 CLC (AD)
....ptee, Md. Abdul Majid, contested the pre-emption case by filing a joint written objection contending, inter alia, that the case was barred by limitation and principle of waiver and was bad for defect of parties. 7. The trial Court after hearing the parties allowed the pre-emption case......orrect decision. There is, therefore, no warrant in law to interfere with the same. The petition is accordingly dismissed. Ed. This Case is also Reported in: V ADC (2008) 252. ..Category: Property Law | Date: | Hits: 20
Abdul Mannan Vs. Md. Sohrab Hossain & others, 2008, 37 CLC (AD)
....ed that the case under Section 96 of the State Acquisition and Tenancy Act is not maintainable since the case land is within Municipal Area and the case is barred by limitation and is also bad for defect of parties. The further case of the pre-emptee is that he purchased the case land from the s......t find any substance in this petition. The petition is dismissed with cost of Tk. 5, 000/- (five thousand) Ed. This Case is also Reported in: V ADC (2008) 250. ..Category: Property Law | Date: | Hits: 25
Md. Fazlur Rahman and others Vs. Haji Md. Manir Khan and others, 2007, 36 CLC (AD)
....nbsp; 4. Defendant No.1 contested the suit by filing written statement and contended, inter alia, that the suit was barred by limitation and bad for defect of parties and also stated that the pro-forma defendant Nos.13 and 14 have not executed any...... the first Court of Munsif, Sylhet for correction of the record of right; that the judgment and decree passed in Title Suit No. 202 of 1969 was not binding upon this defendant as he was not a party to the suit and that the plaintiff had no right, title or interest over the suit land and hen..Category: Property Law | Date: | Hits: 29
BFDC Vs. The Chairman, First Labour Court, Dhaka and another, 2008, 37 CLC (AD)
....cussion we find no merit in the petitions. Accordingly, these petitions are dismissed on condonation of delay. Ed. This Case is also Reported in: V ADC (2008) 217. ......inst the petitioners in the complaint cases was not in accordance with law and the petitioners of the complaint cases were not given proper opportunity to defend themselves, that the opposite party in the complaint cases i.e. petitioner herein could not place any paper before the Court to s..Category: Labour and Industrial Law | Date: | Hits: 109
Md. Baki Vs. Md. Fazlul Haque and others, 2007, 36 CLC (AD)
....as such no interference is called for in the findings and decisions of the High Court Division and accordingly it is dismissed. Ed. This Case is also Reported in: V ADC (200) 209. ......sing the judgment and decree dated 24-05-2001 passed by a Senior Assistant Judge, Saturia, Manikganj in Title Suit No.91 of 1999 dismissing the same. 2. The Case of the petitioner (opposite-party-plaintiff) before the trial Court was that he (plaintiff) instituted Title Suit 91 of 1..Category: Property Law | Date: | Hits: 22
Mirza Saifuddin Hasan Vs. State, 2007, 36 CLC (AD)
....ty or infirmity in the decision of the High Court Division so as to call for interference. The petitions are dismissed. Ed. This Case is also Reported in: IV ADC (2007) 977. ......t the forgery of bills and advices, the convictions can not be sustained inasmuch as per Banking Department Mannual token clerk would receive the bills and issue token taking signature of the party but in the present case there is no such evidence to the effect that the petitioners receivin..Category: Criminal Law | Date: | Hits: 43
Enamul Hoque Mollah Vs. State, 2007, 36 CLC (AD)
....int at any illegality or infirmity in the decision of the High Court Division so as to call for interference. The petition is dismissed. Ed. The Case is also Reported in: IV ADC (2007) 972. ......wing fully well about the forgery of bills the conviction can not be sustained inasmuch as per Banking Department Mannual, token clerk would receive the bills and issue token taking signature of the party but in the present case there is no such evidence to the effect that the petitioner receiving ..Category: Anti-Corruption Laws | Date: | Hits: 81
Serajul Hoque Majumder Vs. Bachchu Mia Mojumder and others, 2006, 35 CLC (AD)
....of the discussions made hereinbefore we find no substance in the petition. Accordingly the petition if, dismissed. Ed. The Case is also Reported in: IV ADC (2007) 967. ...... the date of the documents so executed and in the instant case execution of the Exts.1 and 2 being prior to the filling of the Miscellaneous case, the plaintiffs were very much necessary party in the Miscellaneous Case. The contention so made is not legally well conceived since in the ..Category: Property Law | Date: | Hits: 23
Shaikh Md. Asad Hossain Vs. Maulana Md. Abdur Razzaque Chisty , 2005, 34 CLC (AD)
....3. Respondent contested the suit by filing a written statement denying the material allegations made by the petitioner. His case was that the suit was barred by limitation and was bad for defect of parties. His further case was that the suit property orginally belonged to Kalidas Mukhe......Division. In the result, we find no merit in this appeal. Accordingly, this appeal is dismissed without any order as to cost. Ed. The Case is also Reported in: IV ADC (2007) 952. ..Category: Property Law | Date: | Hits: 24
Bangladesh Krishi Bank Vs. Messers Dadajee Ice Plant and Storage Ltd., 2006, 35 CLC (AD)
....w of the above, the submissions of the learned Counsel for the petitioner have no substance. The petition is dismissed. Ed. The Case is also Reported in: IV ADC (2007) 924. ......rprise on 16.5.1985 for supplying of machinery and other materials and in the said contract Frick Company of USA represented by its local agent Messers Eastern Trading Agency Limited was the first party and in the 2nd agreement Covington Diseal of USA represented by local agent Messers Eastern T..Category: Civil Law | Date: | Hits: 103
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