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Salema Khatun Bibi & others Vs. Hemangini Ghosh Dastidar and others, 1977, 6 CLC (AD)

....pellate court, and restore that of the trial Court. None of the contentions of Mr. Karim is sustainable. This petition is dismissed. Ed. This Case is also Reported in: 30 DLR (AD) (1978) 99. ......pellate court, and restore that of the trial Court. None of the contentions of Mr. Karim is sustainable. This petition is dismissed. Ed. This Case is also Reported in: 30 DLR (AD) (1978) 99. ...... of the lower appellate court, and restore that of the trial Court. None of the contentions of Mr. Karim is sustainable. This petition is dismissed. Ed. This Case is also Reported in: 30 DLR (AD) (1978) 99. ..

Category: Property Law | Date: | Hits: 63

Md. Rafiqul Islam Liton Vs. Noor Mohammad and others, 2010, 39 CLC (HCD)

....endant No.2. Therefore, it appears that both the documents are not challenged only on the ground of its execution rather on the ground of genunity therefore the documents are not standing at par. 33. It is long standing principle that a court of law cannot shut its eyes on the attending facts an......e Appellate court is hereby set aside and that the judgment and decree passed by the trial court is resorted. However, there shall be no order as to cost. Ed. This Case is also Reported in: ......f in the suit property is proved on the basis of probability. In this respect the learned Advocate A.K.M. Zahirul Hoque referred the case of Tayeb Ali Vs. Abdul Khaleque and others reported in 43 DLR (AD) 87. 16. Switching to the next point the learned Senior Counsel Mr. Taimur Alam Khandaker wh..

Category: Property Law | Date: | Hits: 74

Bengal Bricks Industries Ltd. Vs. Al-haj Md. Ishaque Chowdhury and others, 2004, 33 CLC (HCD)

....ion, he stated that he could not remember where he wrote the receipt but where he wrote there Taherul Anwar put his signature on the receipt. At the time Eshaque Chowdhury and others were present. 33. On behalf of defendant No. 1, company Md. Golab Uddin was examined as DW 1. He stated that there......t Vs. Al-haj Md. Ishaque Chowdhury and others.........................Respondents Judgment July 19, 2004. Cases Referred to- Md. Yaqoob Khan vs. Sahib Khatoon and others, (1998) 20 CLC 1576; Mukhtar Baig vs. Sardar Baig 2000 SCMR 45; Jamila Khatum vs. Md. Lutfar Rahman alias Nefas...... Baig 2000 SCMR 45; Jamila Khatum vs. Md. Lutfar Rahman alias Nefasur and others 3 BLC 306; Jamaluddin vs. Rabeya Begum, 32 DLR 63; Nesmohammad and others vs. Mosammat Jamila Khatun and others, 6 BLT (AD) 276; Golam Kader being dead his heirs Nurun Nahar Begum and others vs. Abdul Khaleque Choukder ..

Category: Property Law | Date: | Hits: 71

Abdus Sukur (Md.) and others Vs. Bhasani Mandal and another, 2001, 30 CLC (HCD)

....gment and decree of the Court of appeal below are set aside and those of the trial Court are hereby restored. Send down the records. Ed. This Case is also Reported in: 53 DLR (HCD) (2001) 452.......gment and decree of the Court of appeal below are set aside and those of the trial Court are hereby restored. Send down the records. Ed. This Case is also Reported in: 53 DLR (HCD) (2001) 452.......kur (Md.) and others……….…Petitioners Vs. Bhasani Mandal and another………..Opposite Parties. Judgment July 17, 2001. Cases Referred to- Haider Ali Vs. the State, 47 DLR (AD) 47, Moulavi Abdul Mannan Vs. Md. Rafiqul Islam, 46 DLR 493, Jhanda Singh and another Vs. Harman..

Category: Property Law | Date: | Hits: 75

Zafela Begum and others Vs. Atikulla and others, 2011, 40 CLC (AD)

....the High Court Division is set aside. The appeal is allowed without any order as to costs. Ed. This Case is also Reported in: 16 BLC (AD) (2011) 46, 31 BLD(AD) (2011) 111, 8 LG (AD) (2011) 133, 16 MLR (AD) (2011) 216, VIII ADC (2011) 907. ......l is allowed without any order as to costs. Ed. This Case is also Reported in: 16 BLC (AD) (2011) 46, 31 BLD(AD) (2011) 111, 8 LG (AD) (2011) 133, 16 MLR (AD) (2011) 216, VIII ADC (2011) 907. ......ers …………………………………Respondents Judgment January 2, 2011. Result: The Appeal is allowed. Cases Referred To- Jainal Abedin Vs. Mizanur Rahman and other, 44 DLR (AD) 162; Krishna Kishori Chaodhrani Vs. Kishori Lal Ray, 14 I.A. 71(P.C.). Lawyers Involved: ..

Category: Property Law | Date: | Hits: 127

Monju Mia and others Vs. Shiraj Mia and others, 2002, 31 CLC (HCD)

....e of the Rule on 10‑11‑1999 is hereby recalled and vacated. The learned Subordinate Judge is directed. Communicate at once. Ed. This Case is also Reported in: 56 DLR (HCD) (2004) 264. ......e of the Rule on 10‑11‑1999 is hereby recalled and vacated. The learned Subordinate Judge is directed. Communicate at once. Ed. This Case is also Reported in: 56 DLR (HCD) (2004) 264. ......oners Vs. Shiraj Mia and others…………………………Opposite Parties Judgment July 20, 2002. Cases Referred to- Abdul Matin Chowdhury Vs. Chapala Rani Sen and others 37 DLR (AD) 205 = 1985 BLD (AD) 172; Motilal Chowdhury and others Vs. Haripada Seal, 6 MLR (AD) 122; Ishaqu..

Category: Property Law | Date: | Hits: 61

Pak Eastern Industries Ltd. Vs. DC, Dhaka and another, 2004, 33 CLC (HCD)

....ved Taka 1,34,177. Price of the structures through a joint inventory was determined at Taka 8,67,153,07 of which the appellant received Taka 8,63,110.78 and price of trees, etc was assessed at Taka 3,336.42 of which the appellant received Taka 2,913.24. After the final award was given, very small am......hin a period of three months from date of receipt of this order, positively. Send down the records at once. Communicate at once. Ed. This Case is also Reported in: 56 DLR (HCD) (2004)259. ......…….Respondents Judgment March 4, 2004. Cases Referred to- Chimanlal Hargovindas Vs. Special Land Acquisition Officer, Poona, AIR 1988 SC 1652; Abdul Gafur Khan Vs. Bangladesh, 4.2 DLR (AD) 99; Bangladesh Vs. Abdul Khaleque and others, 29 DLR (SC) 110; Abdul Gafur Khan and others Vs. ..

Category: Property Law | Date: | Hits: 77

Islamic Foundation Bangladesh Vs. Firoz Alam and others, 1997, 26 CLC (HCD)

....1-11-1995 passed by this Court staying the operation of the impugned judgment and decree passed by the trial Court is hereby vacated. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 141. ......1-11-1995 passed by this Court staying the operation of the impugned judgment and decree passed by the trial Court is hereby vacated. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 141. ......ni J Md. Joynul Abedin J Islamic Foundation Bangladesh ……….Petitioner Vs Firoz Alam and others………Opposite Parties Judgment May 20, 1997. Cases Referred To- 32 DLR (AD) 170 and 44 DLR (AD) 1. Lawyers Involved: Md. Rawshan Ali, Advocate — For the Appellant...

Category: Property Law | Date: | Hits: 116

Monowara Begum Vs. Atiqullah, 1999, 28 CLC (HCD)

....rt, Dhaka is hereby set aside. The stay granted earlier by this Court is hereby vacated. Communicate the order to the Court below at once. Ed. This Case is also Reported in: 51 DLR (1999) 550.......rt, Dhaka is hereby set aside. The stay granted earlier by this Court is hereby vacated. Communicate the order to the Court below at once. Ed. This Case is also Reported in: 51 DLR (1999) 550.......………………………….Opposite Party Judgment June 6, 1999. Result: The Rule is made absolute. Case Referred to- Md. Atiqullah Vs. Mrs. Sanawara Begum and others, 1996 BLD (AD) 260. Lawyers Involved: Mahmudul Islam, Advocate — For the Petitioners. Not Represent..

Category: Property Law | Date: | Hits: 57

Mahbubul Huq (Md) Vs. Md. A Kader Munshi & others, 1999, 18 CLC (HCD)

....atements in the said Title Suit No.45 of 1984 contending, inter alia, that their father Late Wazed Ali auction purchased the suit land in Money Suit No.5 of 1932 vide Money Execution Case No. 14 of 1933 of the 1st Court of Munsif, Pirojpur and took possession on 20-2-1934 and since then was in posse......e copy of this judgment and order. The office is hereby directed to send a copy of this judgment to the trial Court at the earliest. Ed. This Case is also Reported in: 52 DLR (HCD) (2000) 194....... Naeem Finance Limited & another Vs. Bashir Ahmed Rafique, Administrator, Muslim Insurance Co Ltd & another, 23 DLR (SC) 81; Shahabuddin (Md) and another Vs. Habibur Rahman and others, 50 DLR (AD) 99; Sreemati Pushpa Rani Das and another vs. AKM Habibur Rahman and others, 13 BLD (AD) 217;Gui..

Category: Property Law | Date: | Hits: 64

Abdur Rashid Miah and another Vs. Md. Zami Shah Newaz and others, 2007, 36 CLC (HCD)

....hola in Title Appeal No. 59 of 1997 allowing the application under section XLI, rule 27 of the Code of Civil Procedure. 2. The petitioners as plaintiffs instituted a suit being Title Suit No. 33 of 1994 in the Court of the learned Subordinate Judge, 2nd Court, Bhola for specific performance ......h above modification that the contentious signatures or writings are to be examined with admitted signatures. Ed. This Case is also Reported in: 59 DLR (2007) 625; 13 MLR (HCD) (2008) 317. ......……………..Opposite Parties Judgment March 11, 2007. Result: The Rule is disposed of with modification. Cases Referred to- Tarak Chandra Maghi vs. Atahar Ali Howlader, 8 MLR (AD) 209; 8 BLC (AD) 67. Lawyers involved: Md. Shamsul Alam, Advocate — For the Petitioners..

Category: Property Law | Date: | Hits: 32

Bhashani Mondal Vs. Md. Abdus Sukur and others, 2010, 39 CLC (AD)

....In view of our discussions made above the appeal is allowed without any order as to cost. Ed. This Case is also Reported in: 18 BLT (AD) (2010) 497; 8 LG (AD) (2011) 25; 64 DLR (AD) (2012) 84. ......In view of our discussions made above the appeal is allowed without any order as to cost. Ed. This Case is also Reported in: 18 BLT (AD) (2010) 497; 8 LG (AD) (2011) 25; 64 DLR (AD) (2012) 84. ......t, a suit for declaration simplicitor is not maintainable. In view of our discussions made above the appeal is allowed without any order as to cost. Ed. This Case is also Reported in: 18 BLT (AD) (2010) 497; 8 LG (AD) (2011) 25; 64 DLR (AD) (2012) 84. ..

Category: Property Law | Date: | Hits: 39

Abdul Malek (Md) and another Vs. Sanowar Hossain and others, 2007, 36 CLC (HCD)

....n the Court of Senior Assistant Judge, Tangail. His case, in short, is that the old plot No. 532 and the present plot No. 562 measuring an area of 0.35 acres apper­taining to the old SA Khatian No. 233 and the new Khatian No. 113 of Mouza Shontesh, Police Station and District Tangail belonged to on......er passed by the Court of Appeal below is affirmed. Let the lower Court records along with a copy of this Judgment be sent down at once. Ed. This Case is also Reported in: 59 DLR (2007) 124. ............Petitioners Vs. Sanowar Hossain and others……………………..Opposite Parties Judgment January 21, 2007. Cases Referred To- Jadav Chandra Mali vs. Abdul Khaleque 27 DLR (AD) 114; Hosne Ara Begum & others vs. Anowara Begum 37 DLR 154; SM Basiruddin vs. Zahurul Islam Cho..

Category: Property Law | Date: | Hits: 39

Chairman, RAJUK Vs. Abdul Matin Crore, 2006, 35 CLC (HCD)

....4­11-1998 suffers from illegality and impropriety occasioning failure of justice. Thus the appeal having merit succeeds. The impugned judgment and decree calls for interference by this Court. 33. We hold that the defendant (RAJUK) is entitled to recover entire outstanding instalments of prem......stands dismissed. Send down the lower Court's records at once with a copy of the judgment for information and necessary action. Ed. This Case is also Reported in: 59 DLR (2007) 118. ......stands dismissed. Send down the lower Court's records at once with a copy of the judgment for information and necessary action. Ed. This Case is also Reported in: 59 DLR (2007) 118. ..

Category: Property Law | Date: | Hits: 31

Muktar Hossain and others Vs. A Matin Sarker and others, 2007, 36 CLC (HCD)

.... if necessary, on further evidence that may be adduced by the parties. 18. Send down the records at once. Communicate. Ed This Case is also Reported in: 59 DLR (2007) 116. ...... if necessary, on further evidence that may be adduced by the parties. 18. Send down the records at once. Communicate. Ed This Case is also Reported in: 59 DLR (2007) 116. ...... if necessary, on further evidence that may be adduced by the parties. 18. Send down the records at once. Communicate. Ed This Case is also Reported in: 59 DLR (2007) 116. ..

Category: Property Law | Date: | Hits: 27

Nurjahan Begum Vs. Nur Rahman and Others, 2006, 35 CLC (HCD)

....correcting errors made by Sub­ordinate Courts in the exercise of their jurisdiction and not those which are made in their discretion, unless the discretion is exercised fancifully or arbitrarily. 33. High Court in revision cannot interfere with the decision of the Subordinate Court unless it has...... Joint District Judge, Court No. 1, Rangpur in Other Suit No. 30 of 1997 decreeing the suit in part is affirmed. Send down the LCR at once. Ed. This Case is also Reported in: 59 DLR (2007) 98....... Ali and others 7 DLR 94; Abdul Kader Rari and others vs Kaiser Ahmed Howlader 3 MLR 227 = 4 BLC 17; Parkash Chand vs Hans Raj, AIR 1994 HP 144; Santosh Kumar Chakraborty vs MA Motaleb Hossain 36 DLR (AD) 248; Government of Bangladesh represented by the Additional Deputy Commissioner (Rev) vs Abdul ..

Category: Property Law | Date: | Hits: 49

Afzal Khan (Md) Vs. Md. Azmal Khan and others, 2006, 35 CLC (HCD)

....ed to proceed with the trial of the suit as expeditiously as possible. The order of stay granted earlier by this Court is hereby vacated. Ed. This Case is also Reported in: 59 DLR (2007) 43. ......ed to proceed with the trial of the suit as expeditiously as possible. The order of stay granted earlier by this Court is hereby vacated. Ed. This Case is also Reported in: 59 DLR (2007) 43. ......ahman 34 DLR 278; Badhu and others vs. Ghulam Shah 15 DLR 315; PLD 1982 (Kar) 111; AIR 1961 Bom 136; AIR 1953 Cal 15; Abdur Rahman vs. Sajjadur Rahman 51 DLR 420; Abul Kalam Azad vs Sunhar Ali 46 DLR (AD) 130; Major (Retd) M Afsaruddin vs Kamal Rahman 41 DLR 190; Kirtish Chandra Dev vs. Begum Sufia ..

Category: Property Law | Date: | Hits: 42

Sher Mohammad Vs. Md. Munsur Ali and others, 2009, 38 CLC (AD)

....ance in any of the submissions of the   learned Advocate for the petitioners. Accordingly this leave petition is dis­missed. Ed. This Case is also Reported in: VII ADC (2010) 288. ......ance in any of the submissions of the   learned Advocate for the petitioners. Accordingly this leave petition is dis­missed. Ed. This Case is also Reported in: VII ADC (2010) 288. ......ance in any of the submissions of the   learned Advocate for the petitioners. Accordingly this leave petition is dis­missed. Ed. This Case is also Reported in: VII ADC (2010) 288. ..

Category: Property Law | Date: | Hits: 51

Kazi Ali Ahmed Vs. Mohammad Nurunnabi and others, 2009, 38 CLC (AD)

....ngs of the Courts below. In the premises we do not find any merit in the application. Accordingly, the leave petition is dis­missed. Ed. This Case is also Reported in: VII (ADC) (2010) 137. ......ngs of the Courts below. In the premises we do not find any merit in the application. Accordingly, the leave petition is dis­missed. Ed. This Case is also Reported in: VII (ADC) (2010) 137. ..............Petitioner Vs. Mohammad Nurunnabi and others…………..Respondent Judgment March 9, 2009. Cases Referred To- Khurshid Ali and others vs. Noorjahan Bewa and others, 15 BLD (AD) 82; Hazari Bala Sana and another Vs. Niron alias Niranjan Mandal and other, 17 BLD (AD) 295. ..

Category: Property Law | Date: | Hits: 37

Nurjahan Begum Vs. Nur Rahman and other, 2008, 37 CLC (AD)

....ct decision and there is no illegality or infir­mity in the above decision so as to call for any interference. The petition is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 469.......ct decision and there is no illegality or infir­mity in the above decision so as to call for any interference. The petition is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 469.......ct decision and there is no illegality or infir­mity in the above decision so as to call for any interference. The petition is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 469...

Category: Property Law | Date: | Hits: 42