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Momena Begum Vs. Dhaka City Corporation and others, 2002, 31 CLC (HCD)
....e ought not to be had to contempt proceeding in aid of a civil remedy where there is any other method of doing justice available. In footnote (O) in relation to paragraph 3 of Halsbury’s Laws of England, Vol. 8, Third Edition, at 4, it is stated that: "Where a remedy by civil action is availabl...... Syed Amirul Islam J Sikder Maqbul Huq J Momena Begum....................Petitioner Vs. Dhaka City Corporation and others.................Respondents Judgment January 27, 2002. Case Referred To- Bahawal alias Bholoo Vs. State (14 DLR (SC) 273=PLD 1962 (SC) 476; In re: Clemen......mpt proceeding should not be drawn of conviction and sentence dated 27‑5‑1999 passed by this court in Civil Rule No. 229 (FM) of 1999. 2. The relevant facts may briefly, be stated as follows: That the present petitioner as plaintiff instituted Title Suit No. 91 of 1999 in the 4th Court of Sub.........Category: Property Law | Date: | Hits: 34
Hilly Housing Co-operative Society Ltd. Vs. Akhtaruzzaman Chowdhury and ors., 2001, 30 CLC (HCD)
....de of Civil Procedure cannot be taken away lightly but it can be so read only when it is specifically barred under any law. The question of legality or validity of an agreement for sale of a piece of land involving a Co-operative Society and a third party is, therefore, a matter triable by the civil......the opposite parties. Civil Order No. 3324 of 2001. Judgment SK Sinha J.- This application under section 115(1) of the Code of Civil Procedure is directed against the order dated 12-2-2001 passed by the 1st Court of Subordinate Judge, Chittagong in Other Class Suit No. 68 of 1999 rejecti......ner as defendant entered appearance before the learned Subordinate Judge and filed an application under Order 7 rule 11 of the of Criminal Procedure praying for rejection of the plaint on the ground that sections 86 and 133 of the Co-operative Society Ordinance, 1984 (Ordinance No. 1 of 1985) are ba...... (Civil Revisional Jurisdiction) Present: Gour Gopal Saha J SK Sinha J Hilly Housing Co-operative Society Ltd……………Applicant Petitioner Vs. Akhtaruzzaman Chowdhury and ors…………Opposite Parties Judgment June 4, 2001. Lawyers Involved: Rokanuddin M..Category: Civil Law | Date: | Hits: 70
Bhola Vs. State, 2001, 30 CLC (HCD)
....s and to pay 3/4th of the money to the heirs of the deceased and to keep 1/4th of fine in the government fund. 2. The prosecution case, in short, is that deceased Mohammad Ali purchased 2 acres of land from accused Abdul Jabbar who did not execute the kabala deed though he received total consider...... Bhola…………………………………..Appellant Vs. State……………………………………Respondent Judgment January 15, 2001. Result: The appeal is dismissed Cases Referred To- Ismail Sarker alias Sudan Member and others Vs. The State, 33 DLR 320; Anisur R......Sherpur to realise fine from the convict persons and to pay 3/4th of the money to the heirs of the deceased and to keep 1/4th of fine in the government fund. 2. The prosecution case, in short, is that deceased Mohammad Ali purchased 2 acres of land from accused Abdul Jabbar who did not execute th......an Member and others Vs. The State, 33 DLR 320; Anisur Rahman & others Vs. The State, 6 BLD (AD) 79; Mobarak Hossain Vs. The State, 1 BLD 286. Lawyers Involved: Md. Kaisar Ali, Advocate‑ For the Appellant. ABM Waliur Rahman Khan, Assistant AttorneyÂ-General with Md. Jalaluddin, Assis..Category: Criminal Law | Date: | Hits: 41
Mohammad Ullah (Driver) Vs. State, 2007, 36 CLC (HCD)
....tance case it appears from the rule petition and also from the application for condonaÂtion of delay that the petitioner was unaware about the case and he was at his locality and was ploughÂing his land. Although notices were published in two newspapers i.e. in 'daily Sangram' and 'daily Azad' but......ion No. 555 of 2006. Judgment Sharifuddin Chaklader J.- This Rule at the instance of the convict appellant-petitioner who is in jail is against the judgment and order dated 15-3Â-2006 passed by the learned Sessions Judge, Munshiganj outright rejecting the memorandum of appeal of Crimi......appeal of Criminal Appeal No. 86 of 2005 on the ground of limitation. The appeal is barred by 5187 days. 2. Mr. Rajat Kanti Chakraborty, learned Advocate appearing for the petitioner, submits that the accused petitioner did not know about the proÂceeding of the case earlier and he came to kn......-AppellantÂ-Petitioner Vs. State............................................Opposite Party Judgment January 24, 2007. Lawyers involved: Rajat Kanti Chakraborty, Advocate—For the Petitioner. Md. Monsur Rahman, Assistant Attorney-General-For the St..Category: Criminal Law | Date: | Hits: 36
....ordinate Judge, 1st Court, Khulna in Title Suit No. 105 of 1978.
2. The plaintiffs (petitioners herein) filed Title Suit No. 105 of 1978 against the defendants for declaration of title in the suit land.
3. The case of the plaintiff, in short, is that the suit land originally belonged to Priya ......€¦â€¦â€¦â€¦â€¦â€¦â€¦â€¦â€¦â€¦â€¦â€¦â€¦â€¦â€¦â€¦â€¦Petitioners
Vs.
Government of the People's Republic of Bangladesh and others……………Opposite Parties
Judgment
July 9, 2006.
Cases Referred To-
Laxmi Kanta Roy vs. Upazila Nirbahi Officer 46 DLR 136; Ms. Dulichand Omraolal ......05 of 1978.
2. The plaintiffs (petitioners herein) filed Title Suit No. 105 of 1978 against the defendants for declaration of title in the suit land.
3. The case of the plaintiff, in short, is that the suit land originally belonged to Priya Mondal. During his possession, he died leaving 2 mino......, Ministry of Industries 33 DLR (AD) 30; Kochi Mia vs. Suruj Mia 51 DLR (AD) 57; Shamser Ali (Md.) vs. Mosammat Katizad Bibi 44 DLR (AD) 231.
Lawyers involved:
Abul Kalam Maijuddin, Advocate—For the Petitioners.
Rabiul Alam Chowdhury Advocate—For the Opposite Parties.
Civil Revision ..
Category: Property Law | Date: | Hits: 27
Puspak Kumar Roy and another Vs. Eldrin Khan and others, 2005, 34 CLC (HCD)
....ule are, that admittedly the suit property belonged to Chandi Charan Roy who died leaving behind one son, the defendant No. 15 and a widow, the defendant No. 16. The defendant No. 15 sold one acre of land by a kabala deed dated 17-5-1982 at a consideration of Taka 13,000 in favour of the plaintiff N...... Puspak Kumar Roy and another……….Defendant-Petitioners Vs. Eldrin Khan and others.............Plaintiff-Opposite Parties. Judgment November 22, 2005. Cases Referred To- Shamsuddin Khan vs. Shamsuzzaman 22 DLR 655; Dildar Ahmed vs. Farroque Ahme......ffirming those dated 30-1-2003 passed by the learned AssisÂtant Judge, Dakope, Khulna, in Title Suit No. 87 of 2000 decreeing the suit. 2. Short facts necessary for disposal of the Rule are, that admittedly the suit property belonged to Chandi Charan Roy who died leaving behind one son, the ......li 17 DLR (SC) 315 and Jahirul Islam vs. Settlement Board and Assistant Commissioner (Land) 48 DLR 579 . Lawyers involved: Abdul Kalam Mainuddin with Sk. Md. Jahangir Alam, Advocates—For the Petitioners. Hasan Foez Siddique with Munshi Md. Ali, Advocates—For the Opposite Par..Category: Property Law | Date: | Hits: 34
Anwara Begum Vs. Government of Bangladesh and others, 2005, 34 CLC (HCD)
....s such other or further order or orders as to this Court may seem fit and proper. 2. It has been stated that House No. 29-A/A Second Colony/Mirpur), Dhaka (Kha 36) measuring an area of 5 kathas of land along with pucca structures was given allotment to one Md. Younus Ali, son of late Md. Yusuf Al......fzal Hossain Ahmed J Anwara Begum .............................. ……………Petitioner Vs. Government of Bangladesh and others………….Respondents Judgment August 1, 2005. Cases Referred To- Bangladesh vs. Amela Khatun 53 DLR (AD) 55; Bangladesh vs. Helaluddin Ahmed 4 M.............................. ……………Petitioner Vs. Government of Bangladesh and others………….Respondents Judgment August 1, 2005. Cases Referred To- Bangladesh vs. Amela Khatun 53 DLR (AD) 55; Bangladesh vs. Helaluddin Ahmed 4 MLR (AD) 140; Bangladesh vs. Rehana Kamal 56......Hossain vs. Government of Bangladesh 57 DLR 332 and Shamsul Haque vs. Court of Settlement 49 DLR 46. Lawyers involved: Md. Zahirul Haque Zahir with AKM Enayet Hossain and KM Jabir, Advocates—For the Petitioner, Md. Badruddoza, Advocate—For Respondent No. 1. Petition No. 6137 of 2001...Category: Property Law | Date: | Hits: 40
Abdul Karim and others Vs. Court of Settlement and others, 2007, 36 CLC (HCD)
....ered deed of lease being No. 2067 dated 2-2-1960; that after taking delivery of possession of the aforesaid property the original allottee Syed Md. Yunus built a two-storied building on the leasehold land and had been living therein with his family members and that said Syed Md. Yunus being in need ......a Begum J Farid Ahmed J Abdul Karim and others.........Petitioner Vs. Court of Settlement and others ......Respondents Judgment February 5, 2007. Case Referred To- Tarak Chandra Majhi vs. Atahar Ali Howlader, 8 BLC (AD) 67. Lawyers i......haka, from the list of the abandoned property and pass such other or further order or orders as to this Court may seem fit and proper. 2. The facts of the case as stated in the petiÂtion are that the House No. 1/15, Block-D, Razia Sultana Road, Mohammadpur, Dhaka, measuring an area of 144 sq......nts Judgment February 5, 2007. Case Referred To- Tarak Chandra Majhi vs. Atahar Ali Howlader, 8 BLC (AD) 67. Lawyers involved: MA Quddus Sheikh, Advocate—For the Petitioners. Karuna Moy Chakma, Deputy Attorney-General— For Respondent No. 2. ..Category: Property Law | Date: | Hits: 33
Abul Koyser Vs. Tobarak Ali and others, 2007, 36 CLC (HCD)
....nd Tenancy Act, 1950 in the Court of Senior Assistant Judge at Sadar in Sunamganj being Miscellaneous Case No. 2 of 1996 against the petitioner and others for preemption of the sale of 30 decimals of land fully described in the application effected by a deed dated 7-10-95. 3. His case, in sho......e records at once. Ed. This Case is also Reported in: 59 DLR (2007) 234 . ....... 2 of 1996 against the petitioner and others for preemption of the sale of 30 decimals of land fully described in the application effected by a deed dated 7-10-95. 3. His case, in short, was that one Shudir Chandra Roy was recorded tenant in respect of the land of plot No. 1743 with an area ......To- Shafi Khan vs. Mannujan Hussain, 35 DLR (AD) 225; Md. Sukur Ali vs. Sree Suresh Chandra Barman and others, 1984 BLD (AD) 219. Lawyers involved: M Enayetur Rahim, Advocate—For the Petitioner. Amirul Islam with Munshi Ahsan Kabir, Advocates— For the Opposite Partie..Category: Property Law | Date: | Hits: 28
Shaherunnessa Vs. Shamsunnahar, 2007, 36 CLC (HCD)
....ong Bar, to look after her properties and collect rents from the tenants. Being requested said defendant agreed to pay rent to the plaintiff through said Feroz Alam acknowledging the plaintiff as her landlord; and rent of the premises on consultation was fixed at Taka 3,000 per month from June, 1998......re dismissed. Send down the records at once. Ed. This Case is also Reported in: 59 DLR (2007) 217. ...... Subordinate Judge, at Chittagong for eviction of defendant Shaherunnessa, arrears and compensation. The suit was then on transfer re-numbered as Suit No. 10 of 2002. 3. Plaint case, in short, is that Mujibor Rahman and Solaiman on 29-1-62 purchased the suit premises, which was described to be a ...... Judgment January 25, 2007. Cases Referred To- Sadak Ali vs. Suruj Ali 7 DLR 94; Amar Chandra Sana vs. Ajit kumar Das 33 DLR (AD) 37. Lawyers involved: Subrata Chowdhury, Advocate—For the Petitioner. (in both the Rules) MA Jalil with Ranjit Kumar Dhar, Advocates-For the Opposit..Category: Property Law | Date: | Hits: 35
Dhaka City Corporation and others Vs. Shamsur Rahman and others, 2007, 36 CLC (HCD)
....he petitioners and another for a decree of declaration that RS record of rights as prepared and finally published in the name of erstwhile DIT now added defendant No. 5, RAJUK, in respect of the suit land measuring about 0.3480 acres of RS plot No. 9541 fully described in the schedule 'Kha' a part o......rds, at once. Ed. This Case is also Reported in: 59 DLR (2007) 207. ......¦â€¦.Opposite Parties Judgment February 8, 2007. Cases Referred To- Bangladesh vs. Samodra Narayan Mohajan and another 2006 BLD (AD) 145 = 11 BLC (AD) 226; Sarashijaksha Chatterjee and others vs. Karpor Kamini Devi and others, AIR 1937 Calcutta 745; S Sibtain Fazli vs. M...... This Case is also Reported in: 59 DLR (2007) 207. ..Category: Property Law | Date: | Hits: 32
Md. Ali Haider & Ors. Vs. State and others, 1987, 16 CLC (HCD)
.... the charge. They shall be set at liberty forthwith if not wanted in conÂnection with any other case. Amin-ur-Rahman Khan J. – I agree Ed. This Case is also Reported in: 40 DLR (1988) 97. .........Respondent (Criminal Appeal No. 103 of 1985) Taj Mohammad & Ors..............Appellants Vs. The State..........................Respondent (Criminal Appeal No. 109 of 1985) Seraj alias Shepi..................Appellant Vs. The State...................Respondent(Criminal Appeal......late Paku Mondal, Mohammad Ali son of Paku Mondal, Monnaf son of late Keramat Ali of village Paragaon P.S. Savar were accused P.S. Case No.4. (11)73. On 22.12.73 at about 7 A.M. they came to Birolia ghat for attending court at Dhaka in connection aforesaid case, At that time Tajal son of late Eklal ......aj alias Shepi..................Appellant Vs. The State...................Respondent(Criminal Appeal No.113 of 1985) Judgment November 25, 1987. Case Referred to- Zamir Hussain and ors. vs. The Crown, PLD 1949 Lahore page 170. Lawyers Involved: Serajul Huq with Abdul Malek -..Category: Criminal Law | Date: | Hits: 30
Nazibul Islam & others Vs. Dr. Amanullah & Ors., 1988, 17 CLC (HCD)
....ion 144 of the Code of CrimiÂnal Procedure a show cause notice was served upon the Second party-petitioner. In the aforesaid petition it is stated that the First Party auction purchased the schedule land on 6.7.66 and the sale was confirmed on 4.9.66 and the First party got possession through court......l Islam Chowdhury and Abul Kalam Azad — For the Opposite parties. Criminal Revision No.21 of 1987. Judgment Latifur Rahman J. - In this Rule the Second party-petitioners have prayed for quashing the proÂceeding in G.R. Case No. 65 of 1986 under section 145 of the Code of Criminal Proced......of 1986 under section 145 of the Code of Criminal Procedure, so far it reÂlates to the attachment and appointment of a receiver in respect of the schedule property in question. 2. The short fact that will be necessary for disÂposal of this Rule is that on the application of the First Party unde...... Nazibul Islam & others..................Petitioners Vs. Dr. Amanullah & the State.............Opposite Parties Judgment March 1, 1988. Lawyers Involved: M. Fazlul Karim - For the Petitioners. Nurul Islam Chowdhury and Abul Kalam Azad — For the Opposite parties. Cr..Category: Criminal Law | Date: | Hits: 32
....dment
March 31, 1987.
Cases Referred to-
State of Bombay vs. Pandurang Vinayak and others, A.I.R. 1953 (S.C) 244; East End Dwelling Co. Ltd. vs. Finsbury Borough Council, 1951 (2) All EngÂland Law Reports, 587; Mehreen Zaibun Nisa vs. Land Commissioner, Multan and others, P.L.D. 1975(S.C......nment of the PeoÂples’ Republic of BanglaÂdesh, represented by the Secretary, Ministry of Works, Secretariat Building, Dhaka..........................Respondent
Judment
March 31, 1987.
Cases Referred to-
State of Bombay vs. Pandurang Vinayak and others, A.I.R. 1953 (S.C) 244; East ......Road No. 75, Gulshan, Dhaka known as LISMORE COURT from the list of abandoned property and to restore possession thereof to the petitioner.
2. Shortly stated the facts alleged in the petition are that the petitioner, a citizen of Bangladesh, is the son of Mr. Justice M.A. Ispahani who was a Distr......
Mohammad Ismail Uddin Sarker J
Mirza Shahab Ispahani....................Petitioner
Vs.
Government of the PeoÂples’ Republic of BanglaÂdesh, represented by the Secretary, Ministry of Works, Secretariat Building, Dhaka..........................Respondent
Judment
March 31, 1987...
Category: Immigration and Citizenship Law | Date: | Hits: 188
Janata Bank Vs. M/S Ahmedia Garments, 1987, 16 CLC (HCD)
....ndent Judgment July 8, 1987. Cases Referred to- 33 DLR (AD) 298, AIR 1970 (S.C.) 891, AIR 1981 (S.C.) 1426, AIR 1986 ( S.C.) 1924, AIR 1983 (Cal), 106, AIR 1986 (Cal) 356, (1958) 1 All England Report 262, (1975) 1 All England Report 107, (1978) 1 All E.R.976, (1982) 2 All England Report ......ent: ARM Amirul Islam Chowdhury J Anwarul Hoque Chowdhury J Janata Bank....................Appellant Vs. M/S Ahmedia Garments ..............Respondent Judgment July 8, 1987. Cases Referred to- 33 DLR (AD) 298, AIR 1970 (S.C.) 891, AIR 1981 (S.C.) 1426, AIR 1986 ( S.C.) 19......cted against an order dated 21.6.86 passed in money suit no. 116 of 1985 by the 3rd subordinate judge, Dhaka attaching the schedule property before judgment. 2. Facts leading to this in short are that M/S. Ahmedia Garments instituted a suit in the 3rd subÂordinate Judge, Dhaka being money suit N...... Judgment July 8, 1987. Cases Referred to- 33 DLR (AD) 298, AIR 1970 (S.C.) 891, AIR 1981 (S.C.) 1426, AIR 1986 ( S.C.) 1924, AIR 1983 (Cal), 106, AIR 1986 (Cal) 356, (1958) 1 All England Report 262, (1975) 1 All England Report 107, (1978) 1 All E.R.976, (1982) 2 All England Report 720); AI..Category: Business or Commercial Law | Date: | Hits: 209
State Vs. Mizanul Islam alias Dablu & another, 1987, 16 CLC (HCD)
....timony of P.Ws. 2, 3 and 4 reÂceived complete support from medical evidence in reÂspect to nature and site of injury caused by sharp cutting weapon like dagger. It is well settled that reÂcoveries land corroborative support to ocular eviÂdence. Recovery of plastic sandal at place of occurÂrence......igh Court Division (Criminal Appellate Jurisdiction) Present: Syed Fazle Ahmed J DM Ansaruddin Ahmed J The State …………………Complainant (Informant) Vs. Mizanul Islam alias Dablu & another……………………….Opposite Party (Appellant) Judgment May 11,......after having taken meal went to bed in the northern room of the south facing buildings which consist of two rooms, one in northern side and another in southern side. The inforÂmant's sister Taslima Khatun slept in the southern room. The informant's father and mother deceased Sajeda Ahsanul Kabir wa......dgement here. Supreme Court High Court Division (Criminal Appellate Jurisdiction) Present: Syed Fazle Ahmed J DM Ansaruddin Ahmed J The State …………………Complainant (Informant) Vs. Mizanul Islam alias Dablu & another……………………….Opposite Party ..Category: Criminal Law | Date: | Hits: 61
M. Abul Quashem & ors. Vs. Moulvi Abdur Rab Miah & others, 2002, 31 CLC (HCD)
....rial facts for disposal of the Rule are that the defendants in the original suit are the 2 as plaintiffs instituted the Title Suit No. 28 of 1994 for declaration of their title in respect of the suit land described in 'Ka' schedule of the plaint and for further declaration that the decree in questio...... concerned at once. Ed. This Case is also Reported in: 55 DLR (2003) 32....... No. 12 of 1996 arising out of Title Suit No. 28 of 1994 directing the petitioners to furnish security bond within 7 days, should not be set aside. 2. Material facts for disposal of the Rule are that the defendants in the original suit are the 2 as plaintiffs instituted the Title Suit No. 28 of ......ed at once. Ed. This Case is also Reported in: 55 DLR (2003) 32...Category: Property Law | Date: | Hits: 28
Gazi Tayebur Rahman Vs. Saikh Md. Ali and others, 2002, 31 CLC (HCD)
....s.1 and 2 under section 151 of the Code was also rejected on 18‑1‑94. Thereafter, on 30‑10‑95 the pre‑emptor petitioner filed an application for delivery of possession of the pre‑empted land on the basis of the ex parte order dated 21‑9‑93 passed in the original Miscellaneous Case ......t: Md. Abdur Razzaque J Gazi Tayebur Rahman…………………………Petitioner Vs. Saikh Md. Ali and others.....................Opposite Parties Judgment August 27, 2002. Cases Referred To- Rafiqul Islam and another Vs. Abul Kalam and others, 42 DLR 19; Abdul Mannan Si......€‘2 filed an application under section 151 of the Code, praying for setting aside the ex parte order dated 21‑9‑93 and restoration of the Miscellaneous Case (Pre‑emption proceeding), alleging, that when the case was taken up for hearing, their appointmeted Advocate went to toilet in view of hi...... Cases Referred To- Rafiqul Islam and another Vs. Abul Kalam and others, 42 DLR 19; Abdul Mannan Sikder Vs. Motilal Dhupi, 50 DLR 403. Lawyers Involved: M Qumrul Haque Siddique, Advocate‑ For the Petitioner. Not represented‑ the Opposite Parties. Civil Revisional No. 2699 of 1996...Category: Property Law | Date: | Hits: 36
....of no legal effect.
3. In Writ Petition No.964 of 1994 Petitioners Aliluddin and seven others challenged the impugned order dated 6-4-1994 (Annexure ‘L’ contending inter alia that a quantum of land measuring 5.61 acres appertaining to CS Khatian No. 21 corresponding to SA Khatian No.30 and CS......cts and a common question of law are taken up together and disposed of by a single Judgment.
2. The above Rules were issued calling upon the respondents to show cause why the order dated 6-4-1994 passed by respondent No.1 (communicated under the signature of Respondent No.3 vide Annexure-’L’ ......hority and to be of no legal effect.
3. In Writ Petition No.964 of 1994 Petitioners Aliluddin and seven others challenged the impugned order dated 6-4-1994 (Annexure ‘L’ contending inter alia that a quantum of land measuring 5.61 acres appertaining to CS Khatian No. 21 corresponding to SA Kha......gh Court Division
(Special Original Jurisdiction)
Present:
Mahfuzur Rahman J
MA Aziz J
Aliluddin and others………..Petitioners
Vs.
Ministry of Land Administration and Land Reforms & others…….Respondents
Judgment
May 25, 1999.
Lawyers Involved:
ANM Gaziu..
Category: Property Law | Date: | Hits: 31
Osman Ali (Md) Vs. Md. Makbul Hossain and Others, 1999, 28 CLC (HCD)
.... 31 of 1984 to its file and number on setting aside the order of dismissal for default. 2. This case exposes the dismal condition of the trial system. On 15-12-73 the petitioner purchased the case land by a deed of sale registration of which was completed on 16-10-75. 3. On 26-12-75 the opposi......er the receipt of the case record. Ed. This Case is also Reported in: 52 DLR (HCD) (2000) 109. ...... on behalf of the pre-emptor-opposite party asked him to show cause on 06-01-86 as to why the case would not be dismissed. 5. On 06-01-86 the opposite party filed and moved an application stating that on the previous date he filed the hajira giving the case number but without mentioning the year ...... Others……………Opposite Parties Judgment December 2, 1999. Cases Referred To- 28 DLR 252; 43 DLR (AD) 128 and AIR 1979 Cal. 196. Lawyers Involved: Md. Marfat Ali, Advocate—For the Petitioner. Zainul Abedin and Prasanta Kumar Basu, Advocates—For the Opposite Party No...Category: Civil Law | Date: | Hits: 69
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