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Abu Thaer Vs. Government of Bangladesh and another, 2008, 37 CLC (AD)
....t 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: ......rther the date of his death was also not given and further though the case of the petitioner is that he purchased the case property from the wife and minors children of Abdus Salam on 9.4.1973, no deed of agreement has been filed in support of the above claim and further there is nothing on reco..Category: Property Law | Date: | Hits: 26
Wazed Ali Sheikh Vs. Must. Hazera Khatoon & Others, 2007, 36 CLC (AD)
....sed .41/8 decimals of land vide kabala dated 20.09.1979 from defendant Nos.1-3 and thus they (defendant Nos. 8 and 9) acquired .45 decimals of land and being in right, title and possession thereto transferred 15¾ decimals of land therefrom and the said purchase have been possessing the sa......9.09.1923 A.D. Thereafter Jotindra Nath Singha settled his share in favour of Abdul Ghani Sk. vide registered dated 31.07.1924 A.D. who in turn of his possession settled .8 decimal vide registered deed of last dated 23.10.1944 A.D. in favour of on Rahmatullah Awrangi and said Rahmatullah Awrangi..Category: Property Law | Date: | Hits: 26
Md. Nasirullah Vs. Md. Ziauddin Khan & Others, 2007, 36 CLC (AD)
....of 2005 dismissing the petition. 2. The plaintiffs instituted Title Suit No.112 of 1994 in the First Court of the Assistant Judge, Dhaka for a decree for redemption of mortgage. The suit was transferred to the Court of Senior Assistant Judge, Nawabganj, Dhaka and was renumbered as Title Su......subsequently died issue less leaving behind his sister Kadbanu who inherited the share of her brother Dil Mohammad and while in possession she mortgaged the 'Kha' schedule property by a registered deed dated 31.08.1936 in favour of one Yasin Khan. Kadbanu Bewa died before redemption of the mortg..Category: Property Law | Date: | Hits: 41
People's Republic of Bangladesh Vs. A.H.M. Khurshed Ali & Ors., 2008, 37 CLC (AD)
....rmining revisional forum." 11. The High Court Division further held that under Section 24 of the Code of Civil Procedure, the District Judge on an application of any of the parties or suo-motu may transfer at any stage any suit, appeal or other proceedings before it for trial or disposal to any c......correct decision. We do not find any cogent reason to interfere with the same. The petition is dismissed upon condonation of delay. Ed. This Case is also Reported in: 28 BLD (AD) (2008) 159. ..Category: Limitation Law | Date: | Hits: 171
Sufia Begum & Others Vs. Md. Tariqul Islam & Another, 2007, 36 CLC (AD)
....ing the Rule absolute and the same accordÂingly requires interference by us. The appeal is allowed without any order as to costs. Ed. This Case is also Reported in: 28 BLD (AD) (2008) 28. ......iff was then inducted into possession of the 1st schedule properties including the huts of the 3rd schedule. Since the said heirs of Kamini Kumar Roy failed to execute and register the necessary sale deed in favour of the plaintiff, Title Suit No.137 of 1957 was filed by the plaintiff in the First C..Category: Tenancy Law | Date: | Hits: 141
Morium Begum and others Vs. Durga Matha and others, 2008, 37 CLC (AD)
.... of the suit land; the office-bearers of the Puja Committee, which was constituted for the purpose of conducting Durgapuja, being illegally influenced over by the defendants are conspiring to transfer the suit land to the principal defendants; Nidher Kumar Datta who is a Pujari, on 16-11-19......nd he also erected new huts after obtaining approval of plan from the municipal authority and then he made a gift of the suit land to his daughter Mariam Begum, the defendant No. 41, by registered deed of heba dated 25-5-1982; the aforesaid Kashem Ali Munshi also made a gift of his portion of th..Category: Property Law | Date: | Hits: 26
Md. F. Rahman Vs. Chairman, 1st Court of Settlement, BD Abandoned Buildings & anr, 2007, 36 CLC (AD)
....s Order 16 of 1972 and the petitioner also failed to prove that Asgar Ali was in possession of the property while President's Order 16 of 1972 came into force and that by Akbar Ali till the date of transfer by him in 1979. 6. It may be mentioned the claimant of the property could not prod......money and the last installment was paid by Asgar Ali's brother Akbar Ali on October 10,1979 and said Akbar Ali inherited the property in question and sold the same to Mrs. Moriam Begum by the sale deed dated December 21, 1979, that said Moriam Begum while in possession sold the property in quest..Category: Property Law | Date: | Hits: 21
Bangladesh Vs. AHM Khurshed Ali and others, 2008, 37 CLC (AD)
....l forum." 11. The High Court Division further held that under section 24 of the Code of Civil Procedure, the District Judge on an application of any of the parties or suo motu may transfer at any stage any suit, appeal or other proceedings before it for trial or disposal to any ...... not find any cogent reason to interfere with the same. The petition is dismissed upon condonation of delay. Ed. This Case is also Reported in: 13 BLC (AD) (2008) 114. ..Category: Civil Law | Date: | Hits: 77
Sree Sree Modon Mohan Gouro Nitai Deva Bigraha Vs. Mozaharul Islam Chowdhury, 2008, 37 CLC (AD)
....foresaid ex parte judgment and decree alleging that the said, decree was obtained by fraud and also misleading the Court and also prayed for permanent injunction therein and the said case has been transferred to Sub Judge, 2nd Commercial Court, Dhaka which was renumbered as Title Suit No. 20 of ......ub Judge, 1st Court, Dhaka for Specific Performance of Contract against one Giribala Dasi alleged Sebayiet of Sree Sree Modon Mohan Goura Netai Debo Bigraha obtained an ex parte decree and got sale deed executed by the Court on 06.01.1987 and thereafter, filed title execution c..Category: Civil Law | Date: | Hits: 100
Premesh Chandra Das Vs. Government of Bangladesh and others, 2007, 36 CLC (AD)
....d against the judgment and order dated 17.7.2005 of the High Court Division passed in Writ Petition No. 4795 of 2005 summarily rejecting the writ petition filed challenging the Memo dated 5.7.2005 transferring the petitioner to Mogdhora Golbari Government Primary School under upazilla Swandip, D......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: 16 BLT (AD) (2008) 222. ..Category: Employment/Service Law | Date: | Hits: 73
Abdur Rahman & Ors. Vs. Most. Rahimannessa and Ors., 2005, 34 CLC (AD)
....ar in Miscellaneous Case No. 70 of 1982 allowing the same. The Miscellaneous case was filed under section 96 of the State Acquisition and Tenancy Act on January 15, 1982 seeking pre-emption of the transfer made by the kabala dated December 22, 1980. 2. It may be mentioned the said kabala......f the discussions made hereinabove we find no substance in the petition. Accordingly the petition is dismissed. Ed. This Case is also Reported in: 16 BLT (AD) (2008) 171. ..Category: Property Law | Date: | Hits: 21
Mosammat Hosne Ara Begum Vs. Md. Mozaffar Ahmed Meah, 2005, 34 CLC (AD)
....the petitions have no merit the same are dismissed with cost of Tk. 5,000/- (five thousand) to be paid to the landlord. Ed. This Case is also Reported in: 16 BLT (AD) (2008) 169. ...... the miscellaneous cases were barred under section 19(1) of the Ordinance, that the property wherein the petitioner is a tenant is a waqf property of the Waqf Estate created in 1916, that the lease deed in favour of the petitioner was created by the then Mutawalli in 1965 for more than 5 years wi..Category: Civil Law | Date: | Hits: 104
Abdul Motaleb Vs. Government of the Peoples Republic Bangladesh & Ors., 2005, 34 CLC (AD)
....enal Code against the petitioner and 59 others. Thereafter, the case was sent to the Court of Sessions at Brahmanbaria and was registered as Sessions Trial Case No.128 of 2002 and was subsequently transferred in the Court of Additional Sessions Judge, Court No.2, Brahmanbaria for trial. During p......t for our interference. In the aforesaid premises, the petition merits no consideration and accordingly it is dismissed. Ed. This Case is also Reported in: 16 BLT (AD) (2008) 147. ..Category: Criminal Law | Date: | Hits: 31
Chitta Ranjan Das alias Chitta Ranjan Sinha Vs. Shashi Mohan Das, 2005, 34 CLC (AD)
....the impugned judgment of the High Court Division in the facts and circumstances of this particular case. The petition is dismissed. Ed. This Case is also Reported in: 16 BLT (AD) (2008) 139. ......Sunamganj to discharge him from the charge on the ground, inter alia, charge against him was totally false and that in the complaint itself it has been stated that accused petitioner created a forged deed and that a Title Suit No.3 of 1997 has been filed by the accused petitioner for correction of r..Category: Anti-Corruption Laws | Date: | Hits: 88
Abdul Mannan Vs. Lal Miah Haji & others, 2005, 34 CLC (AD)
....ion reversed the concurrent findings of the courts below. The appeal is thus allowed without any order as to cost. Ed. This Case is also Reported in: 16 BLT (AD) (2008) 68. ...... 2. Short facts are that the plaintiffs instituted Title Suit No. 128 of 1974 in the 2nd Court of Assistant Judge, Comilla Sadar against the defendant No.1 and others for declaration that the sale deed dated 17.05.1969 said to have been executed and registered by the proforma defendant No. 2 Har..Category: Property Law | Date: | Hits: 25
Abdul Huque and others Vs. State, 2007, 36 CLC (AD)
....upon the Senior Special Judge of the area in the matter of taking cognizance of the offence and further the offence might be tried by the Senior Special Judge himself or by any other special Judge on transfer of the case record by the Senior Special Judge; all the cases seeking quashing of the proce......n the decision of the High Court Division so as to call for interference. All these petitions are dismissed. Ed. This Case is also Reported in: 16 BLT (AD) (2008) 63; 60 DLR (AD)(2008) 1. ..Category: Anti-Corruption Laws | Date: | Hits: 152
Bangladesh Vs. Md. Yakub Mia and another, 2005, 34 CLC (AD)
....r dated 23.11.1999 passed by the High Court Division in Writ Petition No. 2060 of 1993 is set aside. There is no order as to costs. Ed. This Case is also Reported in: 2008 (XVI) BLT (AD) 60. ......ter, Mohammadpur, Dhaka in the "Ka" list of the abandoned building, was upheld. In the writ petition it was stated, inter alia, that the above building was allotted to Md. Shafi by a registered lease deed dated 19.4.62; while in peaceful possession of the building Md. Shafi, on 08.01.1970 entered in..Category: Property Law | Date: | Hits: 28
M. A. Hashem and others Vs. Shafiuddin Ahmed and others, 2005, 34 CLC (AD)
.... no rent was paid by the plaintiffs in respect of the land said to have accreted to the C.S. plots. 7. The plaintiffs tried to make out a case upon referring to the recital in the deed as to transfer of the land of C.S. plot with accreted land and asserted that there had been existence of ......s of the years between 1943 and 1968 and there would been mention of said fact upon referring to the plot(s) to which there was accretion of land and the quantity thereof, but conspicuously in the deeds of the years 1943-1968 there is no mention of the plot of the accreted land nor quantity of l..Category: Property Law | Date: | Hits: 30
Mohammad Ullah Vs. Sessions Judge, Noakhali, 2005, 34 CLC (AD)
....No.3, due to long standing enmity and grudge. This case was registered as G.R. Case No.1 of 1983 and on the prayer of the Investigating Officer Altaf Hossain, C.I.D. made on 20.4.1983 the case was transferred to the Special Martial Law Court No.4, Comilla by the Zonal Martial Law Administrator, ...... in Miscellaneous Case No. 353 of 1996 for fresh trial of G.R. Case No. 1 of 1983 is hereby quashed to secure ends of justice. Ed. This Case is also Reported in: (XVI) BLT (AD) 34. ..Category: Constitutional Law | Date: | Hits: 109
Mrs. Saju Hossain & Others Vs. Government of the People's Republic of Bangladesh, 2004, 33 CLC (AD)
....o. 24 originally belonged to Ramlochan Randa, the C.S. recorded tenant, and during S. A. Operation Chandra. Sarker and his wife Mrinalini Sarker and since they left for India long before 1965 without transferring their properties to anybody the case land has been declared as enemy property and veste......sh Chandra Sarker (b) Begum Sultena Jahan (c) Anwara Hoque (d) Mirnalini Sarker and (e) Torap Ali and Josgesh Chandra and Mrinalini sold their entire shares to the appellants by virtue of difÂferent deeds and bia deeds and then on the basis of the transfer deeds, clearance certificate being Memo No..Category: Property Law | Date: | Hits: 40