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Bangladesh Vs. Chowdhury Tanbir Ahmed Siddiky, 1997, 26 CLC (AD)
....y order as to costs. The judgment and order of the High Court Division be set aside and the order of the trial court be restored. Ed. This Case is also Reported in: II ADC (2005) 283. ......e 1988 of a Single Bench of the High Court Division in Civil Revision No. 896 of 1973 setting aside in part the order of abatement of Title Suit No. 81 of 1968 made by the learned Subordinate Judge, Second Court, Dhaka on 21 April 1973. 2. The subject matter consists of rent receivin..Category: Property Law | Date: | Hits: 43
Monzur Rahman Khan Vs. Mst. Tahera Parvin and others, 2003, 32 CLC (AD)
....ainable against her and the appeal must fail. Accordingly, the appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: II ADC (2005) 367. ...... No. 492 of 1986. 2. The appellant as petitioner filed an application under section 24 of the Non-Agricultural Tenancy Act, 1949 being Misc. Case No. 116 of 1982 before the Subordinate Judge, Sirajgonj for pre-emption of two decimals of land. The respondent No. 1 opposed the said pet..Category: Property Law | Date: | Hits: 33
Mossammat Khursheda Jahan Vs. Jahan Syada Shafinaz and others, 2002, 31 CLC (AD)
....xecuted in favour of the pre-emptee appellants. In view of the above, the appeal is allowed without any order as to costs. Ed. This Case is Also Reported in: II ADC (2005) 365. ......was executed and a kabala was registered with respect to the disputed land and structures described in "Kha" schedule in Execution Case No. 9 of 1981 in the Court of the Subordinate Judge, Rangpur. 3. During the pendency of the suit one of the defendants of the aforesaid su..Category: Property Law | Date: | Hits: 35
Sufia Khatun Vs. Amin Hossin Mondal and others, 2005, 34 CLC (AD)
....ade hereinabove we find merit in the appeal. Accordingly the appeal is allowed. There is no order as to cost. Ed. This Case is also Reported in: II ADC (2005) 360. ......ivil Revision No. 6061 of 1991 (Dhaka) making the Rule absolute and thereupon dismissing the suit upon reversing the judgment and decree dated September 3, 1985 of the Court of Additional District Judge, Chuadanga-Meherpur, Station at Chuadanga passed in Title Appeal No. 26 of 1984 affirming tho..Category: Property Law | Date: | Hits: 37
Dr. Md. Rashidul Islam Vs. Morsheda Parveen, 2005, 34 CLC (AD)
....d to go to their father forthwith is maintained. The appeal is accordingly disposed of without any order as to costs. Ed. This Case is also Reported in: II ADC (2005) 357. ......r sons and the plaintiff did not take care of his sons and paid no money for their maintenance. The defendant filed a suit being No. 228 of 1998 in the Family Court and the Court of Assistant Judge, 1st Court, Dhaka to keep her two sons in her custody but the suit was dismissed. The de..Category: Family Law | Date: | Hits: 161
Md. Akkas Ali Biswas and others Vs. Ashit Kumar Mojumder and others, 2005, 34 CLC (AD)
....ivision is set aside. The plaint of Title Suit No. 152 of 1997 of the Court of the Senior Assistant Judge, Rajbari stands rejected. Ed. This Case is also Reported in: II ADC (2005) 253. ......gh Court Division passed in Civil Revision No. 3401 of 1998 discharging the rule obtained against Order No. 15 dated 09.07.1998 passed in Title Suit No. 152 of 1997 of the Court of Senior Assistant Judge, Rajbari, rejecting the application filed under Order 7 Rule 11 of the Code of Civil Procedur..Category: Procedural Law | Date: | Hits: 75
Mobinnessa and ors. Vs. Khalilur Rahman & ors., 1985, 14 CLC (AD)
....ion confirming that of the lower Appellate Court is set aside and that of the trial court is restored. No order as to costs. Ed. This Case is also Reported in: 37 DLR (AD) (1985) 216. ...... been reversed on correct appreciation of facts and proper application of law. The plaintiffs' suit, namely T.S.No.93 of 1966, was decided by the trial Court namely, the Second Court of Subordinate Judge, Barisal, on 8 July 1967. But on appeal the decree was reversed by the Additional District Ju..Category: Property Law | Date: | Hits: 40
Begum Khodeza Akhter Vs. Hajera Khatun & ors., 1985, 14 CLC (AD)
....limitation and other as to partial pre-emption, have been finally decided in favour of the Pre-emptors. No order as to costs. Ed This Case is also Reported in: 37 DLR (AD) (1985) 212. ...... as they got their share and jama separated by filing a Separation Case, No. 605/69-70. The learned Munsif rejected all these contentions and allowed pre-emption. On appeal the learned Subordinate Judge reversed the findings of the trial Court and disallowed pre-emption. The decision of the..Category: Property Law | Date: | Hits: 35
Abdul Matin Chowdhury Vs. Chapala Rani Sen and others, 1984, 13 CLC (AD)
....dingly it is set aside and the decree of the First Appellate Court is restored. The appeal is allowed with costs. Ed. This Case is also Reported in: 37 DLR (AD) (1985) 205, 1985 BLD (AD) 172.......nd in 1963 and it was a genuine contract and that the defendants received the consideration and the plaintiff is in possession of the suit land since 1963. 10. On appeal, the learned Subordinate Judge, Second Court, Sylhet, affirmed the decision of the trial Court. The defendants thereafter fil..Category: Property Law | Date: | Hits: 40
Reazuddin & ors. Vs. Jatindra Kishore Malaker and others, 1984, 13 CLC (AD)
.... High Court Division is set aside and that of the lower Appellate Court is restored. There will no order as to costs. Ed. This Case is also Reported in: 37 DLR (AD) (1985) 202. ...... the land by way of adverse hostile possession for more than 12 years and as such they have acquired a good right, title and interest in the case land. 5. On appeal, the learned Subordinate Judge, Mymensingh, affirmed the decision of the trial Court observing that whatever may be the defe..Category: Property Law | Date: | Hits: 28
Shafiullah and others Vs. Sultan Ahmed Mir, 1985, 14 CLC (AD)
....d that of the trial Court is restored. In view of the nature of the questions involved we do not make any order as to costs. Ed. This Case is also Reported in: 37 DLR (AD) (1985) 193. ...... challenged by the plaintiffs. This arises from Title Suit No. 110 of 1958, renumbered as Title Suit No. 64 of 1959, again renumbered as Title Suit No.15 of 1962, in the Second Court of Subordinate Judge, Comilla. It was a suit, among other things, for declaration of plaintiffs' raiyati rig..Category: Property Law | Date: | Hits: 55
Md. Moshahaq Ali Mia & ors. Vs. Rabeya Khatun and anr., 1985, 14 CLC (AD)
....gistered as has been noticed already. In this view of the matter the appeal is dismissed. There will be no order as to costs. Ed. This Case is also Reported in: 37 DLR (AD) (1985) 190. ......bsp; 3. An appeal was filed before the learned Subordinate Judge. The appellate court below considered the evidence and found that the defendants did no..Category: Property Law | Date: | Hits: 25
Syed Amir Hossain Vs. Mrs. Nadera Rahman, 1985, 14 CLC (AD)
....e set aside and that of the District Judge is restored. In the circumstances of the case we however do not make any order as to costs. Ed. This Case is also Reported in: 37 DLR (AD) (1985) 184.......gs is not entitled to the benefit of section 14 of the Limitation Act. Remedy against the order of dismissal under Order XLVII rule 7(2) of the Waqf Ordinance might be sought before the District Judge by filing an application for restoration of the Review petition within 15 days from the date o..Category: Procedural Law | Date: | Hits: 112
Syed Kawsar Ali Vs. Gahar Kazi & ors., 1985, 14 CLC (AD)
....rder of the High Court Division is set aside and those of the appellate court below restored. Ed. This Case is also Reported in: 37 DLR (AD) (1985) 177. ......nd defendant No.3 were not party to the kabala Ext. A and they are not bound by it. Accordingly it decreed the plaintiff's suit. 6. Defendant No. 2 filed second appeal and the learned Single Judge took the view that the right of the transferee (Defendant No.) 2 under the sale deed shall no..Category: Property Law | Date: | Hits: 36
Md. Ebadullah Bepari Vs. Nikhil Chandra Das, 1985, 14 CLC (AD)
....rt rejecting the application under Order IX, rule 13 C.P.C. The appeal is therefore dismissed. We however make no order as to costs. Ed. This Case is also Reported in: 37 DLR (AD) (1985) 174. ......to comply with the provision of section 17 (regarding deposit of the dues or furnishing security bond) even when the defect was pointed out by the respondent. In the circumstances, the learned Single Judge of the High Court Division has rightly refused to interfere with the order of the trial court ..Category: Tenancy Law | Date: | Hits: 159
State Vs. Md. Haroon, 1984, 13 CLC (AD)
....s appeal against the acquittal. The accused respondent is convicted under section 302 B.P.C. and sentenced to transportation for life. Ed. This Case is also Reported in: 37 DLR (AD) (1985) 167. ......tand how P.W.2 could see a crowd in the house of Azizul Huq when the prosecution has not stated that there was no house intervening between the house of Azizul Huq and house of P.W 2." The learned Judges of the High Court found it difficult to believe P.W 2. Next the wearing of apparels of the ac..Category: Criminal Law | Date: | Hits: 64
Mrs. Malekha Khatun and others Vs. Md. Abul Kashem & ors., 1985, 14 CLC (AD)
....l-founded both in law and fact leaving no scope for interference. The appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: 37 DLR (AD) (1985) 164. ......ugh initially defendant No. 5, had resisted the plaintiffs' possession claiming to be Priyabala’s bargader. On these findings the lower Appellate Court decreed the suit, and a learned Single Judge of the High Court Division did not find any ground to interfere with these findings of lower ..Category: Property Law | Date: | Hits: 32
Ali Jan Khan & others Vs. Bangladesh, 1984, 13 CLC (AD)
.... that no contempt had been committed and the petition is therefore dismissed. The order of this court dated 31.10.84 is hereby vacated. Ed. This Case is also Reported in: 37 DLR (AD) (1985) 161.......directed to dispose of the suit after taking evidence. 5. Being aggrieved by the said appellate order the defendants filed revisional application before the High Court Division. The learned Single Judge after hearing the parties noticed the averments made in the plaint and concluded that the plai..Category: Property Law | Date: | Hits: 55
Mahbubur Rahman Sikder and others Vs. Mujibur Rahman Sikder and others, 1983, 12 CLC (AD)
.... above variations in the judgment of this Court passed in the aforesaid appeals on July 13, 1982 the judgment will remain operative. Ed. This Case is also Reported in: 37 DLR (AD) (1985) 145. ......ave a lot of details in support of their respective claims. 5. For resolving the dispute Mahbubur Rahman Sikder, the younger brother filed Title Suit No.371 of 1980 in the 3rd court of Subordinate Judge, Dhaka for a declaration that the firm already stood dissolved, alternatively for dissolving..Category: Constitutional Law | Date: | Hits: 149
Amir Hossain Howlader & ors. Vs. State, 1984, 13 CLC (AD)
....ot guilty of the murder and are acquitted with a direction that they be set at liberty at once if not wanted in any other case. Ed. This Case is also Reported in: 37 DLR (AD) (1985) 139. ......not evidence as defined in section 3 of the said Act. 2. This arises from an order dated 20 January 1983 of the High Court Division, Jessore Bench, maintaining the Additional Sessions Judge's order convicting the appellants in Sessions Case No. 159 of 1979 Patuakhali. Facts of ..Category: Criminal Law | Date: | Hits: 63
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