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Panchalipara Ebtedaya Madrassa Vs. Abdul Kader, 2007, 36 CLC (AD)

.... of khas possession. 3. The plaintiff case, in short, is that 0.08 acres of land of Plot No.1069 of C.S. Khatian No.1287 originally belonged to Kalu Sheikh and Owed Ali in equal share. Kalu Sheikh transferred his 0.04 acres of land to Nawab Ali Munshi, the father of the plaintiff and Sirajuddin b...... C.S. Khatian No.1287 originally belonged to Kalu Sheikh and Owed Ali in equal share. Kalu Sheikh transferred his 0.04 acres of land to Nawab Ali Munshi, the father of the plaintiff and Sirajuddin by deed of Heba-bil-Ewaj dated 18.03.1942. Nawab Ali died leaving behind the plaintiff as the only son,..

Category: Property Law | Date: | Hits: 42

Abdul Kader Mirza and others. Vs. Bangladesh and others, 2007, 36 CLC (AD)

.... The Constitution of the People’s Republic of Bangladesh 1972, Article 35(3)  The Druta Bichar Tribunal Ain, 2002  The Druta Bichar Tribunal Ain, 2002 empowers the Government to transfer any case mentioned in section 6 pending in a Criminal Court to Druta Bichar Tribunal for sp......d the Druto Bichar Tribunal are directed to dispose of the aforesaid respective cases speedily and in accordance with law.  Ed.  This Case is also Reported in: 60 DLR (AD) (2008) 185. ..

Category: Criminal Law | Date: | Hits: 59

Bangladesh Vs. Iqbal Hasan Mahmood Tuku, 2008, 37 CLC (AD)

....read with rule 15 of the Emergency Power Rules and thereupon Metropolitan Special Case No, 33 of 2007 was registered (arising out of Complaint Petition No. 33 of 2007) and thereafter, on 10-7-2007 transferred the said case to the Special Court No. 5, Sher-e-Bangla Nagar Parliament Building, Dhak......ore maintainable. In view of the foregoing discussions the appeal is allowed without any order as to costs. Ed. This Case is also Reported in: 60 DLR (AD) (2008) 147. ..

Category: Fiscal/Taxation Law | Date: | Hits: 97

Ruhitar Rahman and others Vs. Satish Chandra Roy Chowdhury and ors., 2006, 35 CLC (AD)

....ove appeal, by judgment and decree dated 13-04-1987 dismissed the appeal. As against that the plaintiffs filed Civil Revision No. 5 of 1988 before the High Court Division, Bench at Sylhet, which on transfer to Dhaka was renumbered as Civil Revision No. 10067 of 1991. Mr. Jitendra Narayan Deb, Ad...... is restored to its file and num­ber and the same be disposed of expeditiously. Ed. This Case is also Reported in: 4 LG (2007) AD 245; (XVI) BLT (AD) 21. ..

Category: Civil Law | Date: | Hits: 99

Tara Mia and another Vs. Babru Mia and others, 2007, 36 CLC (AD)

....t property; that while defendant Nos. 1-5 were in ejmali posses­sion by constructing a shop house on the southern side of the suit property, the defendant Nos. 1-3 and 5 being in need of money transferred 2 pons 7 gandas of land out of their share in favour of the plaintiff by registered kab......f 1983 in the First Court of Munsif, Sylhet Sadar, stating some false baseless and concocted stories and began to continue his Rice Mill business and the plaintiff also created fake and fictitious deed on 3-11-1984. That the defendant No. 16 is in pos­session of .13 decimals of land of Plot ..

Category: Property Law | Date: | Hits: 26

Towfiqul Islam & ors Vs. S.M. Mohiuddin, Officer-in-charge, Motijheel, Dhaka & ors 2007, 36 CLC (AD)

....in law. There is therefore no cogent reason for considering the prayer for review. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: V ADC (2008) 434. ......he petitioners. 2. Short fact is that the mother of the peti­tioners, Monowara Islam, purchased the land of holding No.58/A, Purana Paltan, Dhaka from the government vide regis­tered deed No.1659 dated 6.4.1990 and was possessing the same by mutating her name in the S.A. Khatian an..

Category: Criminal Law | Date: | Hits: 32

Md. Ekabbar Hajra and others Vs. Salamat Hajra, 2007, 36 CLC (AD)

....w of the discussion made above, we do not find any substance in this peti­tion. The petition is accordingly dismissed. Ed. This Case is also Reported in: V ADC (2008) 430. ......making the rule absolute. 2. One Salamat Hajra, predecessor of the respondent Nos.1 to 13 instituted Title Suit No.107 of 1988 renumbered as Title Suit No.32 of 1991 for declaration that the deed of sale dated 14.07.1937 by Abdul Karim Hajra predecessor-in-interest of the plaintiffs and p..

Category: Property Law | Date: | Hits: 19

Basiruddin Vs. Md. Moslem Uddin and others, 2007, 36 CLC (AD)

....ngpur inpleading the present petitioner and respondent Nos. 2-5 as defendants praying for a decree for permanent injunc­tion restraining the defendants from enter­ing into the suit land. On transfer to the Court of the Sadar Munsif the suit was renumbered as C.G. Suit No. 311 of 1984. The......mad Khan on 04.07.1968 is not correct and in fact it was an agreement for sale. Bachcha Mia transferred an area of 0.48 acres of land of Plot No.350 at a consideration of TK.400.00 by a registered deed of agree­ment dated 04.07.1968 with a condition to recovery within 7 years and if the enti..

Category: Property Law | Date: | Hits: 19

M/s Haque's Bay Vs. Mrs. Jahanara Ahmed and others, 2007, 36 CLC (AD)

....948. The trial court rejected the peti­tion by order dated 22.1.2004 and against this order the petitioner preferred a Civil Revision No.82 of 2004 before the District Judge, Dhaka whereupon on transfer the Additional District Judge, 5th Court, Dhaka by order dated 8.5.2005 dismissed the revi......he Government by a Gazette notification published in that behalf. Since .25 acres of land was not acquired under the said L.A. Case the same was pur­chased by the plaintiffs under various sale deeds from Major (Retd.) Sabed Ali and were in possession. On 21.10.2002 defen­dants forcibly e..

Category: Property Law | Date: | Hits: 31

Afzal Ahmed and others Vs. Ayesha Khatun and others, 2007, 36 CLC (AD)

....est and pos­session in this suit lands. 4. Their further case is that the defendant-respondents have got no right, title, inter­est and possession in the suit land since the date of transfer to these petitioners that he shrewd defendant No.1 bought Partition Suit No.59 of 1968 for......e we find no sub­stance in the submissions of the learned Counsel for the petitioners. Accordingly, the petition is dismissed. This Case is also Reported in: V ADC (2008) 402. ..

Category: Property Law | Date: | Hits: 25

Md. Mahmud Ali Vs. Md. Abrus Ali and another, 2007, 36 CLC (AD)

.... the above, we find no sub­stance in the submissions of the learned Counsel for the petitioner. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: V ADC (2008) 392. ......he original owner by inheritance on 15.02.1988 by regis­tered kabala sold the suit land to the plain­tiff and delivered possession and the plaintiff used to grow drops thereon, but in the purchased deed the description of the land was incorrect which belonged to other person; that the plaintiff wa..

Category: Property Law | Date: | Hits: 42

Md. Alauddin Vs. Azizul Hussain and others, 2007, 36 CLC (AD)

....pondent No.1 by two registered deeds dated 05.05.1990 and 12.05.1990 beyond the knowledge of the petitioner. The peti­tioner is a co-sharer in the suit jote by purchase. He came to know of the transfer 6-1 years before from one Abdur Rahman. After that he token certified copy of the kabalas ...... 2. The facts of the case, in short, are that the disputed land originally belonged to Ashek Ali, predecessor of respondent Nos.2-10. Ashek Ali sold the same to respondent No.1 by two registered deeds dated 05.05.1990 and 12.05.1990 beyond the knowledge of the petitioner. The peti­tioner i..

Category: Property Law | Date: | Hits: 20

Anwarul Azim and others Vs. Fatema Khatoon and others, 2006, 35 CLC (AD)

....earthly reason "that defendant Nos. 4,5,6 and 7 intended to exclude their heirs from inheritance in order to benefit defendant No. 1 only and even to deny their own interest executed the deed transferring their entire interest". The High Court Division also held that the deed of gift o......d Artha Rin Adalat, Chittagong in Other Suit No.13 of 1993 decreeing the same. The suit was filed seeking saham of 6.93 acres of land on partition of the land in suit and for a declaration that the deed of gift dated August 25, 1984 in favour of the defendant No.1 was forged and fraudulent and no..

Category: Property Law | Date: | Hits: 37

Khairunnessa Vs. Syed Mainul Haq and others, 2005, 34 CLC (AD)

....d of the discussion made hereinabove we find no substance in the petition. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: 12 BLC (AD) (2007) 82. ...... from the plaintiff but plaintiff having not sold land to the defendant No.1, he hatched up a plan to grab the property and that in conni­vance with certain Serajuddin brought into existence a deed in 1979 in respect of .32 acres of land, that Serajuddin had no right, title and interest in t..

Category: Property Law | Date: | Hits: 33

Md. Hyder Ali Mia Vs. Razia Begum and others, 2006, 35 CLC (AD)

....on to interfere with the above decision. So, the appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: 12 BLC (AD) (2007) 75; 12 BLC (AD) (2007) 75. ......uit was restored to its original file and number. 2. The appellant instituted the above suit for specific performance of contract and on obtaining ex parte decree dated 10-3-1986 got a sale deed executed and registered in his favour through Court in Other Class Execution Case No. 6 of 198..

Category: Property Law | Date: | Hits: 33

KM Zahirul Haque Vs. Shahida Khanam and others, 2006, 35 CLC (AD)

....ords, not hit by the provision of section 42 of the Specific Relief Act is not supported by any reasoning, that trial Court was in error in not determining whether at all Syed Rafiuddin Ahmed made transfer to Anowara Begum and that in holding by the Exhibit 2 i.e. the agreement, between Anowara ......ber 16, 1988, (Exhibit 4) are genuine, that Exhibit 5 series (gas bills and electric bills) proved possession of the plaintiff, that signa­tures of Syed Rafiuddin Ahmed in Exhibit 1 (Anowara's deed) and in Exhibit C agreement dated 9-11-1979 are different, that by the kabala obtained by the ..

Category: Property Law | Date: | Hits: 31

Mustari Bibi and others Vs. Md. Yusuf and others, 2006, 35 CLC (AD)

....stari Bibi under a heba-bil-ewaj and Mustari Bibi in her turn sold out the property to Most. Shahani Bibi, the mother of the plaintiff-respondents under a registered deed of sale and that Abdul Hamid transferred his property to Shahani Bibi under a deed of exchange. It was further stated that Marium......ed her property to her daughter Mustari Bibi under a heba-bil-ewaj and Mustari Bibi in her turn sold out the property to Most. Shahani Bibi, the mother of the plaintiff-respondents under a registered deed of sale and that Abdul Hamid transferred his property to Shahani Bibi under a deed of exchange...

Category: Property Law | Date: | Hits: 28

Guljan Bibi and others Vs. Md. Fazlu Miah and others, 2006, 35 CLC (AD)

....m and Shafiqul Islam on August 6, 1989, that by purchase these defendants and their brothers have acquired the entire land of plot Nos.4344 and 4346, that plaintiffs never made any objection to the transfer so made by the heirs of Asmot Mia, that record of right has been prepared in the name of ......intiffs, that land measuring 2.53 acres belonged to 4 brothers, by name Himmat Khan, Rahmat Khan, Hanif Khan and Anis Khan, that Hanif Khan and Anis Khan mortgaged the land in suit by a registered deed of mortgage dated December 26, 1927 for an amount of Taka 48 and that it was stipulated in the..

Category: Property Law | Date: | Hits: 48

Md. Abul Fazal and another Vs. The State and another, 2007, 36 CLC (AD)

.... this Court appeared before the Tribunal and then filed Miscellaneous Case No.7711 of 2004 in the High Court Division against the Respondents under Section 526 of the Code of Criminal Procedure for transfer of Nari-O-Shishu Nirjatan Daman Case No. 430 of 2004 arising out of petition case No. 3.1...... in the sub­missions of the learned Advocate for the petitioner. Accordingly, the leave petition is dis­missed. Ed. This Case is also Reported in: V ADC (2008) 355. ..

Category: Criminal Law | Date: | Hits: 31

Amjad Ali and anothers Vs. Dud Banu and other, 2007, 36 CLC (AD)

....alas dated 4.3.1993 without giving any notice to  her  and  that  she  used  to  live  in Brahmanbaria along with her husband and was not aware of the said transferes and in the first part of Chaitra 1400 B.S., she after coming to her paternal house for t......ty or infirmity in the decision of the High Court Division so as to call for any interference. 8. The petition is dismissed. Ed. This Case is also Reported in: V ADC (2008) 339 ..

Category: Property Law | Date: | Hits: 22