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

....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. ......case, in short, are that the plaintiffs-respondents instituted suit being Title Suit No.102 of 1992 in the Court of Sub-Ordinate Judge, 4th Court, Dhaka praying for declaration that the "Ka" schedule property as Debuttar Property and the registered deed dated 13.01.1977 as described in the "Kha" sch..

Category: Property Law | Date: | Hits: 29

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

....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. ......ther Class Suit No.96 of 1996 in the 1st Court of Sub-Ordinate Judge, Chittagong praying for declaration that the plaintiff respondent Nos. 1-6 have acquired a title by adverse possession in the suit property and also prayed for confirmation of their possession and the respondents also prayed for ot..

Category: Tenancy Law | Date: | Hits: 185

Tanvir Ul Islam Vs. General Manger, Credit Information Bureau, Bangladesh Bank, 2009, 38 CLC (AD)

....t No.7 Company enjoyed Working Capital loan from the respondent Nos.2 and 4 Bank. These loans are effective for a year and renewable. The petitioner along with other share-holder/directors exe­cuted personal guarantee in respect of the said loan. 4. Subsequently, due to certain circum­stanc...... report has been prepared accordingly. We find substance in this submission. Accordingly these leave petitions are dis­missed. Ed. This Case is also Reported in: VII (ADC) (2010) 197...

Category: Business or Commercial Law | Date: | Hits: 216

Dr. S. M. Eunus Ali, Free Friday Clinic Vs. Joint District Judge and Artha Rin Adalat, Second Court of Bagerhat and another, 2009, 38 CLC (AD)

....sion committed no illegali­ty in discharging the Rule. We find no substance in this petition which is accordingly dismissed. Ed. This Case is also Reported in: VII (ADC) (2010) 194. ......d the petition and the impugned judgment and order of the High Court Division and other papers on record. 8. It appears that the respondent bank already became the owner of all the mort­gaged property mentioned in the writ petition after getting a certificate from the Court under Section 33(..

Category: Others | Date: | Hits: 84

Md. Nazrul Islam and another Vs. Secretary, Ministry of Public Works, the People's Republic of Bangladesh, 2009, 38 CLC (AD)

....ion committed no illegality in dismiss­ing the appeal. We find no substance in this petition which is accordingly dismissed. Ed. This Case is also Reported in: VII (ADC) (2010) 186. ......of 1994 contending, inter alia, that the plaintiffs (the present petitioner) are entitled to a decree declaring their entitle­ment to get an offer from the defendants to sell the scheduled abandoned property under the Government circular/policy as being a valid allottee in possession. 3. The..

Category: Property Law | Date: | Hits: 23

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

....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. ....... 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 of Sylhet town and that the petition..

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

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

....ngs of the Courts below. In the premises we do not find any merit in the application. Accordingly, the leave petition is dis­missed. Ed. This Case is also Reported in: VII (ADC) (2010) 137. ......n the saham of Afsin Matbar on a subsequent mutual 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 d..

Category: Property Law | Date: | Hits: 37

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

....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. ......nts made in the application for condonation of delay the same was con­doned. 6. The learned Counsel submitted that the instant Plot No.NE (O)-4 situated at Road No.90, Gulshan, Dhaka an abandoned property belongs to the Ministry of Housing and Public Works like other abandoned property and RAJUK..

Category: Limitation Law | Date: | Hits: 154

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

....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. ......possession was accordingly delivered to him. Since purchase appellant has been living in the building with his family by paying rents, dues and taxes etc. He also mutated his name after purchase; the property was sur­veyed on many occasions by the Government Officials who noted down the particulars..

Category: Property Law | Date: | Hits: 37

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

....owed.  The judgment of the High Court Division is set aside and those of the appellate court are restored without any order as to cost. Ed. This Case is also Reported in: VI ADC (2010) 72. ...... execut­ed by donor Munshi Imamuddin Dewan in favour of his daughter, the defendant, is false, fraudulent and not binding upon the plaintiffs. 3. The plaintiff’s case, in short, is that the property mentioned in Schedule 'A' of the plaint belonged to Md. Sadeq which he acquired by purchase..

Category: Property Law | Date: | Hits: 33

Golam Rab Chowdhury Vs. Mrs. Sajeda Begum and others, 2009, 38 CLC (AD)

....e in law and is liable to be set aside. We find substance in this appeal. The appeal is allowed without any order as to cost. Ed. This Case is also Reported in: VI ADC (2010) 69. ......lter in her husband's house in the same locality, keeping the house in the custody of her next-door neighbour, Istafa Hossain. But the latter somehow managed to get the house declared as an abandoned property. The Government without serv­ing any notice and without complying with the provisions of P..

Category: Property Law | Date: | Hits: 31

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

....gency the same comes within the class of service mentioned in clause (ঘ) of Paragraphg 7 in the Second Schedule since PSI Agency renders serv­ice to the Government, that PSI Agency does not render personalized service and as such the same does not come in the exclusionary category of services men......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

Government of Bangladesh and others Vs. Md. Aftabuddin (Retired District and Sessions Judge) and another, 2009, 38 CLC (AD)

....trument in line with the Nitimala 2001. 53. Both the appeals are accordingly dismissed without any order as to costs. This Case is also Reported in: 15 MLR (AD) (2009) 41; VII (ADC) (2010) 91. ......ession and notaries. 26. Legal aid to the poor, defence of paupers and undefended accused. 27. Marriage and divorce, infants and minors, adoption, joint family and partition. 28. Transfer of property. 29. Registration. 30. Appointment and terms and conditions of service of Administrat..

Category: Constitutional Law | Date: | Hits: 207

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

....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. ......ession of the suit land, he died leaving behind plaintiff Nos.8-10 and father of the plaintiff Nos.1-7 as four sons and only daughter plaintiff 'No.1 and in this way the plaintiffs inherited the suit property. In the year 1399 B.S. the plaintiffs learnt that the predecessor of the defendants purchas..

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)

....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. ......roceeding of Exchange Case No. 35/69-70 started on 24.07.1969 for forfeiting the land of the appellants for the purpose of granting so-called settlement is without jurisdiction. The possession of the property in question was always with the appellants and was never taken over by Additional Deputy Co..

Category: Property Law | Date: | Hits: 43

State Vs. Mirza Abbas, 2009, 38 CLC (AD)

....there­fore no valid reason to interfere with the impugned judgment. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: 7 LG (AD) (2010) 76; 15 MLR (AD) (2010) 141.  ......ing any such contravention may, if it thinks fit, and in addition to any sen­tence which it may impose for such contravention, direct that any curren­cy, security, gold or silver, or goods or other property in respect of which the contravention has taken place shall be confiscated. (2) Notwiths..

Category: Fiscal/Taxation Law | Date: | Hits: 75

M. Ali Asgar Vs. M. Muktar Hossain and others, 2008, 37 CLC (AD)

....rations to attack him, a team of police of Ramna Police Station headed by one officer arrived there when the petitioners disappeared. In the aforementioned manner the petitioners have lowered both personal and official image of the complainant socially and inter­nationally and thereby caused...... sub­stance in the submissions of the learned Advocate for the petitioner. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 1019. ..

Category: Criminal Law | Date: | Hits: 116

Fazle Elahi Sharfuzzaman Vs. Surujit Bose (Raju) and others, 2009, 38 CLC (AD)

....the above, we find in sub­stance on the submissions of the learned Advocate for the petitioner. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 1009.......order dated 05.06.2008 passed by the High Court Division in Writ Petition No.3418 of 2008 rejecting the application for vacating the order of stay. 2. The facts of the case, in short, are that the property in C.S. Plot No.65 is the Debattar property created by Roy Bahadur Karuna Das Bose by a reg..

Category: Tenancy Law | Date: | Hits: 214

Md. Enamul Huq and others Vs. Bijoy Chandra Khasnabish and others, 2008, 37 CLC (AD)

....refore find no reason to interfere with the same. The petition is accordingly dismissed upon condonation of delay. Ed. This Case is also Reported in: VI ADC (2009)1003, 16 MLR (AD) (2011) 454.......d against the judgment and order dated 28.03.2007 passed by a Single Bench of the High Court Division in Civil Revision No.1406 of 2000 making the Rule absolute. 2. The short fact is that the suit property in Dag Nos.701, 700. 973 and 400 corre­sponding to Khatian Nos. 127, 222, 307, 308, 309, 3..

Category: Limitation Law | Date: | Hits: 255

Abul Hossain and another Vs. Hazi Md. Rezaul Karim and others, 2009, 38 CLC (AD)

....bsp;         Accordingly, the petition is dismissed. Ed.     This Case is also Reported in: VI ADC (2009) 1000. ......r though directed to maintain status quo in respect of possession in favour of plaintiff -peti­tioner but the Government and their func­tionaries are strictly directed to lease out the suit property at any suitable time in favour of the highest bidder ignoring the Government Nitimala and ..

Category: Property Law | Date: | Hits: 88