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

....esidence of a Canadian family for 7 (seven) years and they took her to Kuwait. The victim would sent all the earned money to the petition­er's maternal grand father and he pur­chased 13 decimals of land at Savar. Half of the land was purchased in the victims name and half was purchased in the name......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

A.B.M. Asgar Vs. Administrator and the Chairman of the Allotment Committee, Dhaka and others, 2010, 39 CLC (AD)

....arned their livelihood. The appellant took lease of a shop room from the Dhaka Nowab Court of Wards Estate in 1980. In 1985 the Government decided to acquire the historic Ahasan Manzil along with the lands of C. S. Plot No.725-726 with a view to preserve and protect the said Ahasan Manzil as monu­m......as to costs. Ed. This Case is also Reported in: VII ADC (2010) 241. ......inable. There is no merit in the contentions of the learned counsel. The appeal is therefore, dismissed without any order as to costs. Ed. This Case is also Reported in: VII ADC (2010) 241. ..

Category: Property Law | Date: | Hits: 29

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

....e petitioners for declaration that the ex parte decree passed in Other Class Suit No.199 of 1984 by the Assistant Judge, Kawnia Upazila is not binding upon them and recovery of khas possession of the lands described in the schedule 'Ka' to the plaint. 3. Short fact of the plaint case is that ...... 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

Mohammad Mujibul Hoque Vs. Shamsul Alam and others, 2010, 39 CLC (AD)

.... Case No.1 of 2004(Preemption). 2. Respondent Nos.1 and another institut­ed the case for preemption under section 96 of the State Acquisition and Tenancy Act, 1950 for pre-emption of the case land claiming as co-sharers as well as holding land contiguous to the land transferred. Short facts ......cordingly. Ed. This Case is also Reported in: VII (ADC) (2010) 233. ......tion of the learned counsel for the petitioner. There is no merit in this petition. The application is dismissed accordingly. Ed. This Case is also Reported in: VII (ADC) (2010) 233. ..

Category: Property Law | Date: | Hits: 21

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

....ule is illegal, collusive, null and void impleading the appellants as principal defendants. 3. The case of the plaintiff-appellants, in short, are that the suit property measuring .71 acres of land appertaining to three plots in C.S. Khatian Nos.456 and 458 of Mouza Gopar, Police Station Kera...... 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

S. M. Hossain and others Vs. Lahazuddin and others, 2009, 38 CLC (AD)

.... Yousuf and respondent Nos. 28-35 legal heirs of Abdul Matin also a co-tenant of the suit premises, stepped into the shoes of the original monthly tenants at a monthly rent of Tk. 70/- under original landlady Sm. Provabati Charterjee (said to be dead) and the petitioner having acquired the right, ti......erms of the judgment in this civil appeal. Ed. This case is also Reported in: VII (ADC) (2010) 206; 9 ADC (2012) 510. ......il Petition for Leave to Appeal Nos. 94-95 of 2005 are also disposed of in terms of the judgment in this civil appeal. Ed. This case is also Reported in: VII (ADC) (2010) 206; 9 ADC (2012) 510. ..

Category: Tenancy Law | Date: | Hits: 185

Anath Chandra Barman Vs. Government of Bangladesh, 2009, 38 CLC (AD)

....t the lease as prayed for. In such view of the matter we find no substance in this petition which is accord­ingly dismissed. Ed. This Case is also Reported in: VII (ADC) (2010) 191. ......missed. Ed. This Case is also Reported in: VII (ADC) (2010) 191. ......t the lease as prayed for. In such view of the matter we find no substance in this petition which is accord­ingly dismissed. Ed. This Case is also Reported in: VII (ADC) (2010) 191. ..

Category: Property Law | Date: | Hits: 26

Md. Enam Hossain Vs. Kayesh Miah and others, 2009, 38 CLC (AD)

....65 of 2007 making the Rule absolute. 2. The facts, in short, are that predecessor of petitioner Md. Enam Hossain obtained E.G. No. 13097 in respect of Md. Haider Waqf Estate wherein quantum of land was 64.63 acres, and that the property in question is situated under Police Station-Guainghat o......permitted to add addi­tional grounds. Ed. This Case is also Reported in: VII (ADC) (2010) 184. ......ted to prepare the paper book out of Court in accordance with Rules. The petitioner is permitted to add addi­tional grounds. Ed. This Case is also Reported in: VII (ADC) (2010) 184. ..

Category: Trust/Waqf Law | Date: | Hits: 200

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

.... petitioner herein as defen­dant for eviction of the defendant from the suit premises stating, inter alia, that the suit Taluk No. 46687 of 1979 under mouza Chottrish of Upazila Fenchegonj and other land belonged to the predecessor of plain­tiff, Mohammad Asim and his 2 brothers namely Mohammad As......petition which is accordingly dismissed. Ed. This Case is also Reported in: VII ADC (2010) 181. ......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. ..

Category: Property Law | Date: | Hits: 29

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

....S. Khatian No. 392 in the name Chitu Mia (8 annas) Afsin Matbor (4 annas) and Babar Ali (4 annas), which they were owning and possessing as such and that the suit plot No. 752 consists of 27 decimals land, which on mutual par­tition said Afsin Matbar and Babar Ali have been possessing exclusively i......Case is also Reported in: VII (ADC) (2010) 137. ......utual partition and while said Afsin Matbar was thus owning and possessing he died leaving behind two sons, four daughters and one wife, who inherited the property and were possessing and enjoying in ejmali and thereafter an amicable partition vide deed dated 12.11.1980 the suit land measuring 27 de..

Category: Property Law | Date: | Hits: 37

Department of Narcotics Control Dhaka and another Vs. Crown Beverage Ltd. and another, 2008, 37 CLC (AD)

.... the con­stitution of the county. An individual busi­nessmen's claim cannot be entertained by stampeding the desire of the common peo­ple and in gross violation of the rules and regulations of the land and that in view of above circumstances the petitioners are under obligation to refuse granting...... of 2004 affirmed here by this Court with above modifica­tion. Ed. This Case is also Reported in: VII (ADC) (2010) 132.......the judgment delivered by the High Court Division in Writ Petition No. 6818 of 2004 affirmed here by this Court with above modifica­tion. Ed. This Case is also Reported in: VII (ADC) (2010) 132...

Category: Others | Date: | Hits: 144

Chairman, RAJUK Vs. Mostafa Kamal and others, 2009, 38 CLC (AD)

....27.00 lacs. Pursuant to the said tender notice the petitioner participated for obtaining lease of the residential plot being No. NE (O)-4 situated at Road No.90, Gulshan, Dhaka having a total area of land (more or less) 26.09 kathas. The petitioner deposited Tk.21 lacs by way of earnest money as per...... The short order quoted above shall from part of the judgment. Ed. This Case is also Reported in: VII (ADC) (2010) 127. ......nd within 3(three) weeks." 23. In the result the appeal is disposed of. The short order quoted above shall from part of the judgment. Ed. This Case is also Reported in: VII (ADC) (2010) 127. ..

Category: Limitation Law | Date: | Hits: 154

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

....uit No.31 of 1986 dismiss­ing the suit. 2. Respondent Nos.1 to 14 instituted Title Suit No.31 of 1986 in the Court of the learned Subordinate Judge, Sylhet for dec­laration of their title to the land described in 2nd schedule which is part of 1st sched­ule land, by inheritance and by amicable ......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

Mohammad Shahid Ullah Vs. Chairman, First Court of Settlement, Dhaka and others, 2008, 37 CLC (AD)

....for Pakistan as evident from annexure-1 to show that the whereabouts of the owner was known and he was present in Bangladesh to manage, control and administer the building in question and as such the land of the origi­nal owner could not be declared as aban­doned property and as such the inclusion......s to cost. Ed. This Case is also Reported in: VI ADC (2010) 76. ......f law causing failure of justice. We find no merit in this appeal and accordingly the appeal is dismissed with­out any order as to cost. Ed. This Case is also Reported in: VI ADC (2010) 76. ..

Category: Property Law | Date: | Hits: 37

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

....tioned in Schedule 'A' of the plaint belonged to Md. Sadeq which he acquired by purchase by his own earned money and he constructed pucca building thereon. While Md. Sadeq was in posses­sion of such land he died leaving behind 2 wives, 5 sons and 3 daughters and his father Munshi Imamuddin Dewan as......urt are restored without any order as to cost. Ed. This Case is also Reported in: VI ADC (2010) 72. ......mamuddin Dewan on receipt of one volume of holy Quran made gift of 16th share in the property in Schedule 'A' of the plaint with other prop­erties to the defendant No.1 and put the defendant No.1 in ejmali possession of the property. Since then the defendant No.1 has been in ejmali possession of th..

Category: Property Law | Date: | Hits: 33

Md. Nazrul Islam Vs. National Fans Limited and another, 2009, 38 CLC (AD)

.... the number 00661 is of design only and the respondent No.1, only to delay the registration of the Trade Mark GX 06661 of the petitioner, has filed the Opposition Case No.1657 of 2000 and the ceiling land produced by the petitioner has also been duly certified by the BSTI after due testing. 4......petition is dismissed. Ed. This Case is also Reported in: VI ADC (2010) 61, 16 MLR (AD) (2011) 420. ......ality 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 (2010) 61, 16 MLR (AD) (2011) 420. ..

Category: Intellectual Property Law | Date: | Hits: 211

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

....ment in Bangladesh in taka with the option of converting 80% of the payment into for­eign exchange. The learned Counsel as regard interpretation of fiscal law has referred to (1982) 1 All ER, 867 (Inland Revenue Commissioners Vs. Berrill and another) wherein it has been observed "the modern attitud......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

Md. Chan Miah Vs. Md. Dabirul Islam Khan @ Muku Miah & Others, 2009, 38 CLC (AD)

....ansfer has been registered as pre-emption Miscellaneous Case No. 47 of 2003 in the 1st Court of Joint District Judge, Moulvibazar. The pre-emptor filed the pre-emption case claiming to be contiguous landholder of the land covered by registered sale deed dated 29.1.2001 executed by the opposite part......smissed. Ed. This Case is also Reported in: 15 MLR (AD) (2010) 26........ 47 of 2002. Thus we do not find any merit in the application. Accordingly, the application for leave to appeal is dismissed. Ed. This Case is also Reported in: 15 MLR (AD) (2010) 26...

Category: Property Law | Date: | Hits: 63

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

....consideration and have been created by false personification and for further declaration that through the aforesaid deeds no right, title and interest of the plaintiffs have been affected in the suit land stating, inter alia, that one Matang Moyee auction purchased 2(ka) schedule land' of the plaint......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)

....ihamul Haque since deceased and others stating 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 ......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. ......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. ..

Category: Property Law | Date: | Hits: 43