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Moulvi Abdul Wadud Chowdhury Vs. Abdul Motaleb Chowdhury and others, 2009, 38 CLC (AD)

....in the impugned judgments. Accordingly, all the applications for leave to appeal being CPLA Nos. 513, 517 and 518 of 2008 are dismissed. Ed. This Case is also Reported in: VI ADC (2009) 850. ......ee Miscellaneous Cases filed by the same petitioner under section 96 of the State Acquisition and Tenancy Act for pre-emp­tion of lands sold out by the same vendor opposite party vide three separate sale deeds, duly registered under the Registration Act. 2. The facts relevant for the disposal of......scellaneous Cases filed by the same petitioner under section 96 of the State Acquisition and Tenancy Act for pre-emp­tion of lands sold out by the same vendor opposite party vide three separate sale deeds, duly registered under the Registration Act. 2. The facts relevant for the disposal of the ..

Category: Property Law | Date: | Hits: 33

Surendra Mohan Bandayapadhya Vs. Lalit Mohan Das, 2009, 38 CLC (AD)

....onsideration on the facts and evi­dences on record. Accordingly, the application for leave to appeal is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 825. ...... prepared and also prayed for confirmation of posses­sion. The plaintiff Nos.1 and 2 claimed title by way of inheritance and the plain­tiff Nos.3 and 4 claimed title on the basis of auction sale in a revenue case and that the defendant Nos.3 and 4 some time after partition of India left E......onsideration on the facts and evi­dences on record. Accordingly, the application for leave to appeal is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 825. ..

Category: Property Law | Date: | Hits: 38

Abdul Halim alias Halim Mia Vs. Abdus Sattar and others, 2009, 38 CLC (AD)

....ved al a correct, decision. We therefore find no reason to interfere with the same. The petition is accordingly dismissed. Ed. This Case is also Reported in: VI ADC (2009) 823. ......suring 225 decimals of land origi­nally belonged to Abdul Hakim Bhuiyan. He while in possession sold 22 decimals of land to Kala Mia, father of the plaintiff, by executing a registered deed of sale on 28.11.1921. After the death of Kala Mia, plaintiff along with his four sisters inherited th.......575 measuring 225 decimals of land origi­nally belonged to Abdul Hakim Bhuiyan. He while in possession sold 22 decimals of land to Kala Mia, father of the plaintiff, by executing a registered deed of sale on 28.11.1921. After the death of Kala Mia, plaintiff along with his four sisters inhe..

Category: Property Law | Date: | Hits: 30

Md. Ripon, Proprietor, Ripon & bros Vs. Heze Wanda Playing Cards Co. Ltd. & ors, 2009, 38 CLC (AD)

....f the facts and materials on record of the case, we find no substance in this leave petition, which is accord­ingly dismissed. Ed. This Case is also Reported in: VI ADC (2009) 819. ......; and "VISA" in artistic style along with distinctive colour, scheme design and getup and the said trademark has already acquired popular­ity and distinctiveness by extensive use and sale since a long time. The plaintiffs Trade Mark with distinctive colour scheme, design, device an......f the facts and materials on record of the case, we find no substance in this leave petition, which is accord­ingly dismissed. Ed. This Case is also Reported in: VI ADC (2009) 819. ..

Category: Intellectual Property Law | Date: | Hits: 361

Saiful Hoque Vs. Bangladesh House Building Finance Corporation, 2009, 38 CLC (AD)

....2470;্দমা দায়ের করা হয় ।" It is further contended that the said case was allowed on 1.4.1987 and execution case being Decree Jari Case No.9 of 1988 was started which is now pending in the Artha Ri......at a correct decision. We therefore find no reason to interfere with the same. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: 17 BLT (AD) (2009) 187. ...... The said Zinnat Ali died leaving one widow, Hasimunnessa and two sons Jalal Uddin and Akkas Ali and thereafter Hasimunnessa died leaving the said two sons. The said Akkas Ali by registered kabala deed dated 13.12.1977 transferred his share in favour of Taklima Khatun (mother of the plaintiff) a..

Category: Property Law | Date: | Hits: 53

Bhawal Raj Court of Wards Estate Vs. Rasheda Begum and others, 2009, 38 CLC (AD)

....and will be of no effect in the eye of law. Accordingly with the above observations the leave petitions are dismissed. Ed. This Case is also Reported in: 14 MLR (AD) (2009) 401. ......ernment. In the case of Bangladesh V. Sree Sree Madan Gopal Jew and others (1981) 33 DLR (AD) 13, the Appellate Division set at rest all controversy regarding the impact of such wholesale acquisition as under- "It is to be further observed that it is now well s......952 and 29.02.1956 as well the ground rent payment receipts issued by the Government revenue office and earlier by the Bhawal Raj Court of Wards Estate and also the transfer made through registered deed of gift and having regard to the fact that the S.A. record of right and R.S. record of right ..

Category: Property Law | Date: | Hits: 67

M/S M. A Salam and Co. Vs. Islami Bank Bangladesh Limited, 2009, 38 CLC (AD)

.... petition No. 4070 of 2008 summarily rejecting the above writ petition. 2. The facts, in short, are that the petition­er filed writ petition No.4070 of 2008 stating, inter alia, that the execution case was once disposed of finally on compro­mise and thereafter it was again restored...... District Judge as Judge of this Artha Rin Adalat No.1, Chittagong and as such the orders passed by this Additional District Judge in this Artha Rin Execution Case are illegal and that the auction sale of the mortgaged proper­ty of this petitioner was held in pursuance of the illegal orders ......nbsp; agree­ment by paying the decreetal amount. We find no substance in this petition which is accordingly dismissed. Ed. This Case is also Reported in: VI ADC (2009) 797. ..

Category: Civil Law | Date: | Hits: 109

Zohiruddin Majumdar & others Vs. Salamatullah, 2008, 37 CLC (AD)

....on took a correct view in the mat­ter. We do not find any cogent reason to interfere with the same. 9. The leave petition is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 794. ...... assistant Judge), Fern for ejectment of Salamatullah Majumder. Finding every possibility of losing Salamatullah made the gift in question in favour of his sons, defendant Nos.1-5, although he had no saleable interest in the shop. Thereafter, Bazlus Sobhan sold the suit land to Salamatullah by kabal......n No. 4375 of 2003 dis­charging the Rule. 2. Short facts are that the plaintiff insti­tuted Title Suit No.31 of 1992 in the Court of Senior Assistant Judge, Feni sadar for a declaration that the deed of gift dated 14.01.1981 executed by Salamatullah Majumder in favour of his sons by second wife..

Category: Tenancy Law | Date: | Hits: 155

Pulin Behari Bairagee and others Vs. Ananda Chandra Dakua and others, 2009, 38 CLC (AD)

....tian No. 223 were Nag and Mitra Babus and the tenants defaulted in paying rents and the landlords filed rent suit and that suit and that suit was decreed and the decree holders put the decree into execution and auction pur­chased the land for areas of rent and then the aforesaid land lords s......ous Case No.1165 under Section 54 of the State Acquisition an Tenancy Act, 1950 and the plaintiff him­self form the disputed land sold 19 acres of land on 27.08.1974 with the help of registered sale deed No. 1839 in favour of the defendant No.1 and 4 i.e. Pulin Bihari Bairagee and kalicharan......ase No.1165 under Section 54 of the State Acquisition an Tenancy Act, 1950 and the plaintiff him­self form the disputed land sold 19 acres of land on 27.08.1974 with the help of registered sale deed No. 1839 in favour of the defendant No.1 and 4 i.e. Pulin Bihari Bairagee and kalicharan Bair..

Category: Property Law | Date: | Hits: 27

Rayna Begum and others Vs. Md. Marufuddin Ahmed and others, 2008, 37 CLC (AD)

....nbsp; and also for permanent injunction restraining the defendant-resplendent No.1 from evicting the plain­tiff- petitioners from any part of suit land by putting the said judgment and order in execution. 3. The averments made in the plaint of the suit as well as the application for te......98, the defendant No.1 Md. Maruf Uddin Ahmed filed the aforesaid Misc. (Pre) Case No. 21 of 1998 falsely claiming that although the suit land was transferred by a deed of gift but actually it is a sale deed and as co-sharer he is enti­tled to pre-empt the suit land and by sup­pressing no...... brief was that though the defendant-respondent No.1 is a stranger yet he obtained an ex parte judgment and order in Miscellaneous (Pre-emption) Case No.21 of 1998 on 06.09.1999 chal­lenging a deed of gift dated 04.01.1998 which was not maintainable under section 96(10) (a) of the State Acqu..

Category: Property Law | Date: | Hits: 33

Md. Abdul Wahab Vs. Abdul Motaleb and others, 2008, 37 CLC (AD)

....ptor did not claim the homestead on the case land in his application for pre-emp­tion and the Court also did not give any finding to get possession in resect of homestead on the suit plot. The execution Court could not go beyond his order in such view of the matter, the High Court Division e......ns to believe that there is no merit in the submissions thereof and accordingly the petition for leave to appeal is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 784. ......ing with the decision of Civil Revision No.890 of 2002 dated 15-03-2003 and the High Court Division failed to consider that the kabala dated 15-03-1988 will shown that the nature of the land in the deed also shown as paddy land. He further submits that in view of fact the learned Single Judge of ..

Category: Property Law | Date: | Hits: 27

Md. Suman Mia Vs. Falani Begum and others, 2008, 37 CLC (AD)

....ce of the suit land and the plaintiff in good faith did not demand the receipt of the payment. Defendant No.1, Falani Begum was the full sister of aforesaid Magrab Ali who assured and promised the execution and registration of the saf-kabala, in favour of the plaintiff Defendant No.1 hand...... and Okiluddin on 08.07.1978 and delivered possession to the plaintiff and his co-pur­chaser. The plaintiff and Okiluddin erect­ing house had been residing there. There was no contract for sale with the plaintiff and defendant No.1 sold the suit land to defendant Nos.2 and 3 on receipt o...... submissions of the learned Counsel for the petitioners deserve no consideration. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 775. ..

Category: Property Law | Date: | Hits: 38

Abdur Rashid and others Vs. Md. Kamal Uddin Master and others, 2009, 38 CLC (AD)

....re 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) 772. ......er hearing, discharged the Rule. 4. The learned counsel for the petitioners submits  that, the Courts below having found that the pre-emption case was filed on 6.3.1996 challenging the sale deed dated 31.12.1995 while the opposite party Nos.1-4 in original application for pre­emp......aring, discharged the Rule. 4. The learned counsel for the petitioners submits  that, the Courts below having found that the pre-emption case was filed on 6.3.1996 challenging the sale deed dated 31.12.1995 while the opposite party Nos.1-4 in original application for pre­emption,..

Category: Property Law | Date: | Hits: 23

Abdul Halim Vs. Md. Tatan Mia and others, 2008, 37 CLC (AD)

....ity or infirmity in the decision of the High Court Division so as to call for any interference. The petition is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 763. ......ity or infirmity in the decision of the High Court Division so as to call for any interference. The petition is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 763. ......s Karim Munshi instead of Rahman Munshi; Alimuddin Munshi died leaving wife Sonabanu and two brothers Salim, Kalim; then Sonabanu gifted her entire share in favour of defen­dant No.1 by a heba deed dated 2.9.1987; Salim died leaving four sons and two daughters and they along with Kalim trans..

Category: Property Law | Date: | Hits: 26

Shahriar Rashid Khan and other Vs. Bangladesh and others, 1998, 27 CLC (AD)

....982 and coming back to Bangladesh joined both business and politics. He was arrested on 13.8.96 on baseless allegations regarding certain acts or things done in connection with or in preparation or execution of any plan for or steps necessitating the historical change and proclamation of martial...... the change of such Government and the Proclamation of Martial Law on that morning. KHANDAKER MOSHTAQUE AHMED President DACCA; The 26th September, 1975 ...... the change of such Government and the Proclamation of Martial Law on that morning. KHANDAKER MOSHTAQUE AHMED President DACCA; The 26th September, 1975 ..

Category: Constitutional Law | Date: | Hits: 167

Superintendent Engineer, RHD Sylhet & others Vs. Md. Eunus & Brother (Pvt) Ltd. & ors, 2009, 38 CLC (AD)

.... the contract, designs, drawings, specifications, estimates instructions, orders or these Conditions of Contract or other Conditions provided in the Contract, or otherwise concerning the works or the execution or failure to execute the same, whether arising during the progress of the work or after t......already done in accordance law, in full and final settlement of the claims of the writ-petitioner under the contracts. Ed. This Case is also Reported in: VI ADC (2009) 736, 31 BLD (AD) (2011) 1. ......already done in accordance law, in full and final settlement of the claims of the writ-petitioner under the contracts. Ed. This Case is also Reported in: VI ADC (2009) 736, 31 BLD (AD) (2011) 1. ..

Category: Civil Law | Date: | Hits: 212

A.T.M. Nasiruddin & ors Vs. Abdul Khaleque being dead his heirs: MA Malek & ors, 2009, 38 CLC (AD)

....e review petitions the petitioners in fact are seeking rehearing which is not permissible in review. The review petitions are dismissed. Ed. This Case is also Reported in: ......e review petitions the petitioners in fact are seeking rehearing which is not permissible in review. The review petitions are dismissed. Ed. This Case is also Reported in: ...... gave him a photocopy of typed stamp to him and requested him to read over the same but he, being an illiterate, got it read over by others and the petitioners with malafide intention fabricated a deed with the title ‘Angikarpatra’; the petitioners are not lessees but licencees; he r..

Category: Property Law | Date: | Hits: 48

Mrs. Zinnatul Ara & ors Vs. Government of the People’s Republic of Bangladesh, 2009, 38 CLC (AD)

....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:   ......e Rule. 2. Facts, in brief, are that the petitioners filed the above writ petition calling in question the provisions section 12(3) of the Artha Rin Adalat Ain, 2003, the notice for auction sale of the properties of the petitioners published in the Daily Jugantor on 20.7.2005 and also all......in the country the hearing of the Rule was “stand over” but on 23.9.2008 the respondent No.3 Bank, inspite of the above order of “stand over” most illegally executed a sale deed in favour of the auction purchaser and that the petitioners, having no hand for such “st..

Category: Civil Law | Date: | Hits: 88

Md. Nazrul Islam and others Vs. Md. Abdur Rouf, 2009, 38 CLC (AD)

....ns and so 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:  ...... statement but ultimately failed to submit written statement and then by the judgment and decree dated 13.2.2006 the suit was decreed exparte directing the petitioner No.1 to execute and register a sale deed in favour of the respondent No.1 within thirty days from the date of decree. The petition......ement but ultimately failed to submit written statement and then by the judgment and decree dated 13.2.2006 the suit was decreed exparte directing the petitioner No.1 to execute and register a sale deed in favour of the respondent No.1 within thirty days from the date of decree. The petitioner No..

Category: Property Law | Date: | Hits: 28

Major Md. Bazlul Huda (Artillery) Vs. State, 2009, 38 CLC (AD)_Part One

.... Code passed by the trial Court in Sessions Case No.319 of 1997 and accepted the Death Reference so far it related to four of the present appellants and 4 others with a modification of the mode of execution of sentence of death and thereby accepted the Death Reference in part and dismissed the c......LR (AD) 69, Tara Singh and others V. State of Punjab 1991 Supp (1) SCC 536, Jamna and others V. State of U.P. 1994 Supp (1) SCC 185 and State of H.P. V. Shreekanthia Shekari (2004) 8 SCC 153. ......LR (AD) 69, Tara Singh and others V. State of Punjab 1991 Supp (1) SCC 536, Jamna and others V. State of U.P. 1994 Supp (1) SCC 185 and State of H.P. V. Shreekanthia Shekari (2004) 8 SCC 153. ..

Category: Criminal Law | Date: | Hits: 310