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Sattyendra Sutradhar Vs. Md. Zillu Miah and others, 2012, 41 CLC (AD)
....- is to be deposited within 1 (one) month. The petitioner is permitted to prepare the paper book out of Court in accordance with Rules. Ed. This Case is also Reported in: 9 ADC (2012) 386. ......scribed in schedule-'Ka' to the application. 4. The pre-emptor's case was that he was a co-sharer by inheritance of the case holding while the purchaser was a stranger to that. That the opposite party No.2 sold the case land to the opposite party No.1 pre-emptee at a consideration of Tk.5,000/-..Category: Property Law | Date: | Hits: 93
Nur Mohammad Bhuiyan and others Vs. Aysha Khatoon and others, 2011, 40 CLC (HCD)
....ated 8.11.1986 of the Munsif (now Assistant Judge), First Court, Chandpur in Title Suit No. 51 of 1983 are restored. Send down the lower Courts’ records. Ed. This Case is also Reported in: ......lawful owner of 45 decimals of land as described in the schedule of plaint. He was forced with necessity of transferring the suit land to one Haider Ali, predecessor-in-interest to defendant-opposite party Nos. 1-5 by a conveyance deed executed on 18.10.1948 and registered on 29.8.1949. The said con..Category: Property Law | Date: | Hits: 87
....ithin six months from receipt of the judgment. No further adjournment shall be allowed at the instance of the added-defendants.
Faruque Ahmed J. - I agree.
Ed.
This Case is also Reported in:
......es
Judgment
November 29, 2011.
Result:
The Rule is made absolute.
Lawyers Involved:
Tushar Kanti Roy, Advocate - for the petitioners.
Md. Mubarak Hossain, Advocate - for opposite party No.17.
Civil Revision No. 3922 of 2010.
Judgment
Md. Ruhul Quddus J. - This Rule, at ..
Category: Procedural Law | Date: | Hits: 77
Shahidullah Shaik and others Vs. Atahar Shaik and others, 2011, 40 CLC (HCD)
.... the Rule. In the result, the Rule is discharged. The order of stay granted at the time of issuance of Rule is vacated. Communicate a copy of the judgment. Ed. This Case is also Reported in: ......dated 20.5.1998 passed by the Assistant Judge, Moksedpur, Gopalgonj in Miscellaneous Case No. 17 of 1995 rejecting the same. 2. Facts relevant for disposal of the Rule, in short, are that opposite party Nos. 1-16 and their predecessor-in-interest instituted Title Suit No. 58 of 1993 on 15.5.1993 ..Category: Procedural Law | Date: | Hits: 74
Sree Binoy Krisna Saha and others Vs. Sree Reboti Mohon Saha and others, 2011, 40 CLC (HCD)
....es namely, (1) whether the suit was maintainable in its present form, (2) whether the valuation of the suit was correct and the Court fees paid thereon were adequate, (3) whether the suit was bad for defect of parties, (4) whether Manjuri Mohini Saha, auction purchaser in the Rent Execution Case, wa......rdinate Judge (now Joint District Judge), First Court, Bogra passed in Other Suit No. 237 of 1982 and remanding the suit to the trial Court. 2. The plaintiffs [predecessors-in-interest to opposite party Nos. 1(a)-3(c)] instituted the suit for declaration and partition on the averments, inter alia..Category: Property Law | Date: | Hits: 66
....he suit land in favour of appellants through court.
The office is directed to send down the lower Court’s record at once.
Md. Rais Uddin J. - I agree.
Ed.
This Case is also Reported in:
......he suit land on 18.7.1970 at a consideration of Taka 3,33,000/- with the defendant No. 1 and 2`s vendor. The defendant No.1 and 2 subsequently purchased the agreement as well as all assets of the 2nd party of the agreement and instituted the other suit No. 41 of 1974 for Specific Performance of Cont..
Category: Property Law | Date: | Hits: 113
....t. No further adjournment will be allowed at the instance of the substituted defendants.
Communicate a copy of the judgment.
Faruque Ahmed J. - I agree.
Ed.
This Case is also Reported in:
...... referred to-
Abul Kalam Azad and another Vs. Sunhar Ali and others, 46 DLR (AD) 130.
Lawyers Involved:
Probir Neogi, Advocate - for the petitioners.
Abdul Quiyum, Advocate - for opposite party No.1.
Civil Revision No. 734 of 2011
Judgment
Md. Ruhul Quddus J. - This Rule, at the..
Category: Property Law | Date: | Hits: 67
Sree Nitta Nando Dey and others Vs. Nogendra Krishna Kundu and another, 2011, 40 CLC (HCD)
....nd Court, Munshiganj in Title Appeal No. 119 of 1994 are hereby set aside and those of the trial Court are restored. Send down the lower Courts’ records. Ed. This Case is also Reported in: ......enior Assistant Judge, Munshiganj in Title Suit No.40 of 1991. 2. Plaintiff’s case, in brief, is that he had entered into an agreement with defendant No.1 Nogendra Krishna Kundu (herein opposite party No.1) on 2.4.1990 for purchasing the property as described in the schedule of plaint. The cons..Category: Property Law | Date: | Hits: 76
S. M. Basiruddin Vs. Zahurul Islam Chowdhury and another, 1982, 11 CLC (AD)
....e appeal is allowed with cost, the orders allowing preemption are set aside and the application for pre-emption is dismissed. Ed. This Case is also Reported in: 35 DLR (AD) (1983) 230. ......partitioned amongst the tenants inter se. In other words, the landlord, if not otherwise ineligible, will be entitled to pre-emption, regardless of any such division or partition to which he is not a party. In my opinion it would be extremely anomalous to hold that the landlord is entitled to pre-er..Category: Property Law | Date: | Hits: 85
Wali Ullah Vs. Shaheda Begum and others, 2011, 40 CLC (HCD)
.... 3. Defendant Nos.1-5, 9-11, 13 and 18 were contesting the suit by filing a joint written statement denying the material allegations of the plaint contending, inter alia, that the suit was bad for defect of parties; that an amicable partition between the parties, was already effected on 12 Falgoo......owed an application under Order XL rule 1 of the Code of Civil Procedure for appointment of a receiver of the suit property. 2. Facts leading to this civil revision are that the plaintiff-opposite party Nos. 1-31 instituted Title Suit No. 243 of 1989 for partition of two homestead plots being Nos..Category: Civil Law | Date: | Hits: 130
Nurul Islam and others Vs. Arif Ullah and others, 2012, 41 CLC (HCD)
....Accordingly the Rule is discharged. The order of status quo granted earlier at the time of issuance of Rule is vacated. Communicate a copy of the judgment. Ed. This Case is also Reported in: ......suit for perpetual injunction arose. On the same averments, the plaintiffs filed an application for temporary injunction under Order XXXIX rule 1 of the Code. 4. Defendant Nos.1-6 (herein opposite party Nos.1-6) entered appearance and contested the application by filing a joint written objection ..Category: Property Law | Date: | Hits: 70
Md. Shahar Ali and others Vs. Sree Sailesh Chandra Sen and others, 2012, 41 CLC (HCD)
.... the Rule is discharged. The ad interim order of status quo passed earlier at the time of issuance of the Rule is vacated. Communicate a copy of the judgment. Ed. This Case is also Reported in: ......posite Parties Judgment March 7, 2012. Result: The Rule is discharged. Lawyers Involved: Nahid Yeasmin, Advocate - for the petitioners. Mohammad Abdullah, Advocate - for opposite party Nos.1-2. Civil Revision No. 3832 of 2003. Judgment Md. Ruhul Quddus J. - This Rule at..Category: Property Law | Date: | Hits: 84
Ismail Vs. State, 2009, 38 CLC (HCD)
....the Metropolitan Magistrate, Dhaka is set aside and the convict-appellant–petitioner is discharged from his bail bond. Send down the L.C. record at once. Ed. This Case is also Reported in: ......n: ..Category: Criminal Law | Date: | Hits: 92
Md. Rejaul Haque @ Ezaul Vs. State, 2011, 40 CLC (HCD)
....ed in any other case. Send down the Lower Court Records along with a copy of this judgment and order at once. Md. Afzal Hossain Ahmed J. - I agree. Ed. This Case is also Reported in: ......". None of the inhabitants were cited as witnesses in the C.S. nor they came before court to support the prosecution case, over and above that local chowkider who identified and brought the raiding party to the house of the accused was not cited as witness in the charge sheet nor he has been exami..Category: Criminal Law | Date: | Hits: 95
Mahbub-ul-Alam Md. (Minor) and another Vs. Md. Alimuddin Karikor, 2009, 38 CLC (HCD)
.... judgment and order dated 9-4-2007 passed by the Revisional Court below is hereby set aside and that of the Executing Court is upheld. Ed. This Case is also Reported in: 15 BLC (HCD) (2010) 76. ......zur Rahman, Advocate - For the Petitioners. No one - For the Opposite Party. Civil Revision No. 2906 of 2007. Judgment Md. Abdul Aziz J. - This Rule was issued calling upon the opposite party to show cause as to why the impugned judgment and order dated 9-4-2007 passed by the learned A..Category: Civil Law | Date: | Hits: 100
Zillul Haq and others Vs. Maloti Bala Dey & others, 1998, 27 CLC (HCD)
.... for his perusal and necessary action. The order of stay earlier granted by this Court stands vacated. Send down the LCR at once. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 367....... in Title Appeal No.4 of 1996 reversing the judgment and decree dated 27-11-1995 passed by the Assistant Judge, Gowainghat, Sylhet in Title Suit No.174 of 1992. Malati Bala Dey, mother of opposite party No.1 (Ka) as plaintiff instituted a suit in the Court of the Subordinate Judge, Sylhet being ..Category: Property Law | Date: | Hits: 88
Abul Kashem Vs. State, 1997, 26 CLC (HCD)
....d. Impugned conviction and sentence as aforesaid are set aside. Appellant Abul Kashem @ Kasum @ Kashu is discharged from his bail bond. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 356.......nnection with a case of dacoity and was taken in the police custody. On asking he informed the police that one pipe gun and six cartridges were kept concealed in the bank of a tank. He led the police party to that place and the said gun and ammunition were recovered from that place. Seizure list was..Category: Criminal Law | Date: | Hits: 94
Chandi Proshad Dhar Vs. Bibha Rani Dhar & Others, 1996, 25 CLC (HCD)
.... substance in this Rule. The Rule is discharged without cost. Order of stay passed at the time of issuance of the Rule is hereby vacate Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 355.......dgment Mohammad Gholam Rabbani J.- This Rule has arisen out of the following circumstances: One Birendra Kishore Dhar constituted a Will in favour of his wife Sreemati Biva Dhar who is opposite party No.1 before us. She filed an application for probate of the Will after the death of her husban..Category: Property Law | Date: | Hits: 70
Halima Jaman and other Vs. Government of Bangladesh, 1998, 27 CLC (HCD)
.... 1 of the CPC. We find no merit in this application for review. The Rule is accordingly discharged without any order as to costs. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 352. ......he petitioner or could not be produced by him at the time when the decree was passed or order made. 8. Mr. SM Rezaul Karim, learned Assistant Attorney-General appearing for the defendant- opposite party Government of Bangladesh, has referred to the decision in the case of Government of West Pakis..Category: Property Law | Date: | Hits: 89
Shefali Rani and others Vs. Makhan Chandra Das and others, 1990, 19 CLC (HCD)
....erty to which the document relates is situated within the jurisdiction of Sub-registrar, the Sub-Registrar has no jurisdiction to register the document and registration if executed will be fraud. The defect of jurisdiction is not a mere procedure and it is not cured by section 87.” 19. In the c......ification could not be established as there was no expert’s opinion that the aforesaid deeds Ext.2A and 2B were not executed by the plaintiff 1. 9. Mr. Gani, the learned Counsel for the opposite party, on the other hand, submits that there was no legal bar to register the documents by the Sub-r..Category: Procedural Law | Date: | Hits: 105
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