Judgment search - Chancery Law Chronicles

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Most. Monowara Begum and others Vs. Malanch Bibi and others, 2009, 38 CLC (AD)

....w The appeal is therefore allowed. The judgment of the High Court Division is set aside and restored those of the Courts below. Ed. This Case is also Reported in: VII ADC (2010) 271. ......he same on 22nd October, 1962 in 3 (three) certificate cases and got delivery of possession on 4th December, 1962. The record of right was however not prepared in the name of the plaintiff and it was recorded in the name of defendant on the basis of an ex parte decree passed in Title Suit No.730 of ...... Ed. This Case is also Reported in: VII ADC (2010) 271. ......w The appeal is therefore allowed. The judgment of the High Court Division is set aside and restored those of the Courts below. Ed. This Case is also Reported in: VII ADC (2010) 271. ..

Category: Property Law | Date: | Hits: 20

Bangladesh Legal Aid and Services Trust (BLAST) and others Vs. Bangladesh and others, 2003, 32 CLC (HCD)

....the recommendations made above within six months. All the respondents are also directed to implement the directions made above immediately. Ed. This Case is also Reported in: 55 DLR (2003) 363. ...... of arrest, name and address of the persons, if any, present at the time of arrest in a diary kept in the police station for that purpose. (c) The particulars as referred to In clause (b) shall be recorded In a special diary kept in the police station for recording such particulars In respect of ......nts are also directed to implement the directions made above immediately. Ed. This Case is also Reported in: 55 DLR (2003) 363. ......the recommendations made above within six months. All the respondents are also directed to implement the directions made above immediately. Ed. This Case is also Reported in: 55 DLR (2003) 363. ..

Category: Constitutional Law | Date: | Hits: 137

State Vs. Shahin and others, 2009, 38 CLC (AD)

....nd 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: 15 BLC (AD) (2010) 140. ......��াপন্ন, বাম ফুসফুস সংকুচিত। and the medical report also shows that the condition of the victim was very serious and furthermore P.W.15, the Magistrate who recorded the dying declaration, in cross-examination stated "মৃত্যু কালীন �......ecision so as to call for any interference. The petition is dismissed. Ed. This Case is also Reported in: 15 BLC (AD) (2010) 140. ......nd 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: 15 BLC (AD) (2010) 140. ..

Category: Others | Date: | Hits: 93

Mohiuddin Khan and another Vs. Shihamul Haque and others, 2009, 38 CLC (AD)

....vernment under Act XLV of 1974 acquired the authority to execute the deed of settlement. The High Court Division upon an erroneous view of the provisions of section 52 of the Transfer of Property Act wrongly held that the purchase of the appellants was barred by the principles of lis pendens. The Hi......plaint and a decree for declaration that the settlement deed described in schedule ‘B’ is not binding on the plaintiffs. Ed. This Case is also Reported in: 15 BLC (AD) (2010) 129. ......�� is not binding on the plaintiffs. Ed. This Case is also Reported in: 15 BLC (AD) (2010) 129. ......tating, inter alia, that they by kabala Nos.1586, 1588, 1589 and 1600 dated 1-2-1974, 15-2-1974, 11-2-1974 and 14-2-1974 respectively purchased 0.54 acres of land appertaining to CS Plot No.248 of CS khatian No.235 corresponding to SA Khatian No.406 of Mouza Chandana PS Joydebpur, District-Gazipur d..

Category: Property Law | Date: | Hits: 29

Abdul Gafur and others Vs. Md. Abdur Razzak and others, 2009, 38 CLC (AD)

....is allowed without any order as to costs. The judgment of the High Court Division is set aside and restored those of the Courts below. Ed. This Case is also Reported in: 62 DLR (AD) (2010) 242. ......ants-appellants. The plaintiffs are in ejmali possession of the suit lands with the defendants during the settlement operation. The plaintiffs entrusted Omed Ali and Karam Ali to get the suit lands recorded in their names jointly with the defendants but they, in utter violation of such direction g......se of the Courts below. Ed. This Case is also Reported in: 62 DLR (AD) (2010) 242. ......nd half portion of lands of CS Khatian No.77 to the defendant Nos. 24-36 and 38. 2. The respondent Nos. 15-32 instituted the suit for partition on the averments that the suit lands appertain to CS khatian Nos. 18, 77, 133 and 138 belonged to Hossain Biswas, Ebad Ali Mondal, Sobhan Mondal, Khorshe..

Category: Tenancy Law | Date: | Hits: 174

Habibur Rahman Mollah (Ex-Member of Parliament, Dhaka 4) Vs. State and another, 2010, 39 CLC (AD)

....nnot be tried under the Anti-Corruption Commission Act, 2004 as they do not come within the transitional provisions contained in section 38 thereof inasmuch as the provision of section 27(1) has been wrongly applied in the facts and circumstances of the case and the High Court Division committed an ......ances of the case. The submissions of the learned Counsel merit no consideration. The appeal is dismissed. Ed. This Case is also Reported in: 62 DLR (AD) (2010) 233; 15 MLR (AD) (2010) 175. ......ase. The submissions of the learned Counsel merit no consideration. The appeal is dismissed. Ed. This Case is also Reported in: 62 DLR (AD) (2010) 233; 15 MLR (AD) (2010) 175. ......ances of the case. The submissions of the learned Counsel merit no consideration. The appeal is dismissed. Ed. This Case is also Reported in: 62 DLR (AD) (2010) 233; 15 MLR (AD) (2010) 175. ..

Category: Anti-Corruption Laws | Date: | Hits: 195

State Vs. Azizul Haque, 2008, 37 CLC (AD)

....failure of justice in acquitting Azizul Haque and others. We find no substance in this petition which is accordingly dismissed. Ed. This Case is also Reported in: VII ADC (2010) 267. ...... of the case and visited the place of occurrence prepared a sketch map with index, prepared inquest report of the dead body of the deceased, sent the dead body to the morgue, seized the alamots and recorded the statements of witnesses under Section 161 of the Code of Criminal Procedure. Thereafter......ers. We find no substance in this petition which is accordingly dismissed. Ed. This Case is also Reported in: VII ADC (2010) 267. ......failure of justice in acquitting Azizul Haque and others. We find no substance in this petition which is accordingly dismissed. Ed. This Case is also Reported in: VII ADC (2010) 267. ..

Category: Others | Date: | Hits: 63

Sohel alias Sanaullah alias Sohel Sanaullah Vs. State, 2008, 37 CLC (AD)

..... 329 of 2002 pending in the court of the learned Additional Sessions Judge, 7th Court, Dhaka be stayed till disposal of the appeal. Ed. This Case is also Reported in: VII ADC (2010) 261. ......ous night at about 2.00 O'clock and abducted his mother Sanwara Begum and step-sister Sadia Khatun, aged about 10 (ten) years. Since Sohel spoke incoherently at the police station, a G.D. entry was recorded. Thereafter pursuant to the G.D. entry, the P.W.4 Md. Shawkat Alam, Sub-Inspector of Police......pending in the court of the learned Additional Sessions Judge, 7th Court, Dhaka be stayed till disposal of the appeal. Ed. This Case is also Reported in: VII ADC (2010) 261. ....... 329 of 2002 pending in the court of the learned Additional Sessions Judge, 7th Court, Dhaka be stayed till disposal of the appeal. Ed. This Case is also Reported in: VII ADC (2010) 261. ..

Category: Others | Date: | Hits: 83

Md. Sona Ullah Vs. Most. Morium Bewa and others, 2010, 39 CLC (AD)

....Baher and Meher by deeds dated 5th June, 1983 and 9th June, 1983, respectively. In this way the defendant No.1 is the exclusive owner by way of inheritance and purchase. The R. S. Khatian having been wrongly prepared in the names of Sharof Uddin and Wahab Uddin, the defendant No.1 instituted Oth......laintiffs failed to prove their claim that the tenants Doyel Bibi and others surrendered possession in favour of the plaintiffs' landlord Tasiruddin Sarkar, that Jasiron Bibi being the heir of C.S. recorded tenant inherited the suit lands from whom the defendant No.1 accrued title in the suit land...... appeal. Ed. This Case is also Reported in: VII ADC (2010) 237. ......o add additional grounds. The order of status quo granted earlier by this court shall continue till disposal of the appeal. Ed. This Case is also Reported in: VII ADC (2010) 237. ..

Category: Property Law | Date: | Hits: 18

Narendra Chandra Das and another Vs. Sree Sree Gopal Bigraha and another, 2009, 38 CLC (AD)

....nt and decree dated 26.07.2004 passed by a Division Bench of the High Court Division in F. A. No. 54 of 1999 is hereby affirmed. Ed. This Case is also Reported in: VII (ADC) (2010) 216. ......cres of land appertaining to three plots in C.S. Khatian Nos.456 and 458 of Mouza Gopar, Police Station Keranigonj, District-Dhaka as morefully described in the schedule to the plaint was correctly recorded in the name of the Deity Sree Sree Gopal Jew Bigraha and Hari Priya Baisnabi was its shebai...... A. No. 54 of 1999 is hereby affirmed. Ed. This Case is also Reported in: VII (ADC) (2010) 216. ......nt and decree dated 26.07.2004 passed by a Division Bench of the High Court Division in F. A. No. 54 of 1999 is hereby affirmed. Ed. This Case is also Reported in: VII (ADC) (2010) 216. ..

Category: Property Law | Date: | Hits: 29

Md. Fazlul Haque Vs. Abdul Malek alias Maya Miah and another, 2009, 38 CLC (AD)

....Court rejecting the prayer for enlargement of time. We find no substance in this petition which is accordingly dismissed. Ed. This Case is also Reported in: VII ADC (2010) 181. ......979 under mouza Chottrish of Upazila Fenchegonj and other land belonged to the predecessor of plaintiff, Mohammad Asim and his 2 brothers namely Mohammad Asim and Mohammad Kosir though the same was recorded in the name of only Mohammad Asim in the Thak Jorip and while owning and possessing on amic......petition which is accordingly dismissed. Ed. This Case is also Reported in: VII ADC (2010) 181. ......hind his only son Mohammad Abdul Latif. Mohammad Asim died leaving behind 3 sons namely Jabid Ali, Sunahor Ali and Ajob Ali. 0.70 acres of land was recorded in the name of Abdul Latif and in separate khatian rest 0.12 acres and 0.02 acres of land had been recorded in the name of Jabid Ali and Abdul ..

Category: Property Law | Date: | Hits: 29

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

.... accordingly the plaintiffs mutated their names and were playing Government's rates and charges against receipt since their purchases in 1984 and that during S.A. survey operation the suit plot was wrongly recorded in the name of Sultan Mia and that the defendant No.1 being son of Sultan Mia, taki......the judgment and decree passed in Title Suit No.9 of 1998 is illegal, not valid, fraudulent and not binding upon the plaintiffs contending, amongst others, that in the C.S. record the suit plot was recorded in C. S. Khatian No. 392 in the name Chitu Mia (8 annas) Afsin Matbor (4 annas) and Babar A......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. ..

Category: Property Law | Date: | Hits: 37

Md. Basarat Ali Vs. Md. Abdul Mannan and others, 2008, 37 CLC (AD)

....tly decreed the suit in favour of the plaintiffs. We find no merit in this appeal which is accordingly dismissed. Ed. This Case is also Reported in: VI ADC (2010) 79, 16 MLR (AD) (2011) 442. ......tance and by amicable partition with defendant Nos. 41 to 135. 3. Case of the plaintiff respondents, inter alia, is that the land of the 1st schedule appertaining to 2514/531. Thakur Das Taluk was recorded in chak No. 33 of Thak No. 3906 of Mouza Sandishail. The said schedule land was owned by Md......his appeal which is accordingly dismissed. Ed. This Case is also Reported in: VI ADC (2010) 79, 16 MLR (AD) (2011) 442. ......tly decreed the suit in favour of the plaintiffs. We find no merit in this appeal which is accordingly dismissed. Ed. This Case is also Reported in: VI ADC (2010) 79, 16 MLR (AD) (2011) 442. ..

Category: Property Law | Date: | Hits: 33

Shamsun Nahar Vs. Khairunnessa Sadiq and others, 2009, 38 CLC (AD)

....ence was adduced moreover the document in question is a registered one and even the certified copy was not filed before the trial court. The High Court Division confused heba-bil-ewaz with heba and wrongly held that in order to complete the heba-bil-ewaz delivery of possession was a condition pr......owed. The judgment of the High Court Division is set aside and those of the appellate court are restored without any order as to cost. Ed. This Case is also Reported in: VI ADC (2010) 72. ......urt are restored without any order as to cost. Ed. This Case is also Reported in: VI ADC (2010) 72. ......owed. The judgment of the High Court Division is set aside and those of the appellate court are restored without any order as to cost. Ed. This Case is also Reported in: VI ADC (2010) 72. ..

Category: Property Law | Date: | Hits: 33

National Board of Revenue Vs. Intertek Testing Services International Ltd. and another, 2005, 34 CLC (AD)

....g of the point raised in the writ petition and that there is also no contention from the side of the appellants that point raised by the writ-petitioner-Respondents before the High Court Division was wrongly answered by the said Division. The learned Counsel upon referring to the clause 4-Taxation o......und of the discussions made hereinbefore we find merit in the appeals. Accordingly, the appeals are allowed without any order as to cost. Ed. This Case is also Reported in:VII ADC (2010) 25. ......ccordingly, the appeals are allowed without any order as to cost. Ed. This Case is also Reported in:VII ADC (2010) 25. ......und of the discussions made hereinbefore we find merit in the appeals. Accordingly, the appeals are allowed without any order as to cost. Ed. This Case is also Reported in:VII ADC (2010) 25. ..

Category: Fiscal/Taxation Law | Date: | Hits: 95

Nurul Islam and others Vs. Lal Miah & another, 2004, 33 CLC (AD)

....ntiff failed to prove by any cogent evidence that the questioned documents in favour of defendants were obtained by false personation and by practicing fraud and accordingly the court of appeal below wrongly shifted the onus on the defendants and it is the cardinal principle of law that the plaintif......ent of the material on record and we find no cogent reason to interfere with the same. Accordingly, this petition is dismissed. Ed. This Case is also Reported in: 15 MLR (AD) (2010) 17. ......rdingly, this petition is dismissed. Ed. This Case is also Reported in: 15 MLR (AD) (2010) 17. ......ent of the material on record and we find no cogent reason to interfere with the same. Accordingly, this petition is dismissed. Ed. This Case is also Reported in: 15 MLR (AD) (2010) 17. ..

Category: Property Law | Date: | Hits: 34

Mohiuddin Khan and another Vs. Shihamul Haque being dead his heirs Hasina @ Ila Begum and others, 2009, 38 CLC (AD)

.... Government under Act XLV 1974 acquired the authority to execute the deed of settlement. The High Court Division upon an erroneous view of the provisions of Section 52 of the transfer of Property Act wrongly held that the purchase of the appellants was barred by the principles of lis pendens. The Hi......e for declaration that the settlement deed described in schedule 'B' is not binding on the plaintiffs. This Case is also Reported in: 15 MLR (AD) (2010) 1; VII (ADC) (2010) 113; 7 LG (AD) 2010, 5. ......t binding on the plaintiffs. This Case is also Reported in: 15 MLR (AD) (2010) 1; VII (ADC) (2010) 113; 7 LG (AD) 2010, 5. ......inter alia that they by kabala Nos. 1586, 1588, 1589 and 1600 dated 01.02.1974, 15.02.1974, 11.021974 and 14.02.1974 respectively purchased .54 acres of land appertaining to C.S. Plot No. 248 of C.S. khatian No. 235 corresponding to S.A. Khatian No.406 of mouza Chandana P.S. Joydebpur, District-Gazi..

Category: Property Law | Date: | Hits: 43

M. Ali Asgar Vs. M. Muktar Hossain and others, 2008, 37 CLC (AD)

....oth oral and documentary, recorded in the judicial enquiry. The learned Advocate further submitted that the High Court Division misinterpreted and misconstrued the provisions of regulation 28 (wrongly mentioned in the impugned judgment as regulation 26) of the Government Servant (Conduct) Ru......hy;larly in paragraph Nos.3 and 4 thereof, specific instances of defamatory acts of the respondent Nos. 1 and 2 and in not considering at all the evidence, both oral and documentary, recorded in the judicial enquiry. The learned Advocate further submitted that the High Court Divisi......ate for the petitioner. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 1019. ...... substance in the submissions of the learned Advocate for the petitioner. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 1019. ..

Category: Criminal Law | Date: | Hits: 116

Secretary, Ministry of Education and others Vs. Mowlana Wahiduzzaman and another, 2009, 38 CLC (AD)

....ded by the Government, the High Court Division erred in construing the same as an order under Section 17(2) (b) of the Madrasha Education Ordinance, 1978 which deals with affiliating and thereupon wrongly declaring the impugned order to be without lawful authority. &......udgment to have been passed in accordance with law. The appeal is accordingly dismissed without any order as to costs. Ed. This Case is also Reported in: VI ADC (2009) 1016. ...... Ed. This Case is also Reported in: VI ADC (2009) 1016. ......udgment to have been passed in accordance with law. The appeal is accordingly dismissed without any order as to costs. Ed. This Case is also Reported in: VI ADC (2009) 1016. ..

Category: Employment/Service Law | Date: | Hits: 146

Fazle Elahi Sharfuzzaman Vs. Surujit Bose (Raju) and others, 2009, 38 CLC (AD)

....the above, we find in substance on the submissions of the learned Advocate for the petitioner. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 1009.......nother brother Muraduzzaman vide 3 gift deeds Nos. 17774, 17776 and 17775 respectively in the year 1963. After the demise of Nuruzzaman in 1972 leaving no wife or children his portion of the land was recorded in the name of Nazmen Nur Begum, respondent No.7 and his 3 other full brothers and 4 sister......te for the petitioner. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 1009.......the above, we find in substance on the submissions of the learned Advocate for the petitioner. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 1009...

Category: Tenancy Law | Date: | Hits: 214

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