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Moulavi Abdul Kader Vs. Mozammel Haque & others, 2006, 35 CLC (AD)
....ed Advocate-on-Record in support of the etition has taken us through the impugned judgment and order and submits, inter alia, that the High Court Division committed error of law in not holding that the plaintiff petitioner's mother transferred the suit property by the executing and ...... court. There is therefore no error in the said judgment. In this view of the matter both the petitions are dismissed. Ed. The Case is also Reported in: IV ADC (2007) 949. ..Category: Property Law | Date: | Hits: 24
Bulmayee Barmani Vs. Sree Madhuram Barman and another, 2006, 35 CLC (AD)
.... No.1 is in possession of the same and the plaintiffs were no longer in possession of the suit land after the auction sale. 4. The trial court decreed the suit in preliminary from holding that suit land appertains to C.S. Khatian No. 117 and both parties admitted that Sarbananda...... Accordingly there is no cogent reason to interfere with the decision of the High Court Division. The petition is dismissed. Ed. This Case is also Reported in: IV ADC (2007) 938. ..Category: Property Law | Date: | Hits: 67
Mustaque Alam Chy & anr Vs. Court of Joint District & 2nd Artha Rin Adalat, Dhk, 2006, 35 CLC (AD)
....bove premises, it was submitted that the impugned order has been passed without lawful authority and is of no legal effect inasmuch that the learned respondent No.1 Court erred in law in holding that it has jurisdiction since the name of the opposite party-respondent No.2, the Internat...... 2000 ("the suit") in the respondent No.1 Court, purportedly, under the provisions of the Artha Rin Adalat Act, 1990 (now the Artha Rin Adalat Act 2003) ("the Act") for recovery of US$ 23,791,0237.49 converted to Tk. 19,03,85,902.75 (at the rate of US $ 50.22) for the pu..Category: Civil Law | Date: | Hits: 96
Bangladesh Vs. Miss Nasima Khatoon and others, 2005, 34 CLC (AD)
....Settlement for our perusal. It appears that except memo dated 27.03.1986 issued by the Administrative Officer, Mohammadpur Housing Estate, Dhaka acknowledging payment of the lease money of the case holding other documents were filed along with application under Section 7 of Ordinance 54 of ...... for a period of 99 years and on which he built one room. In compliance with the registered standard agreement for lease dated 05.04.1960 Shamsuddin Ahmed paid the entire premium to the Government. He entered into an agreement for sale of the said property on 01.11.1963 with the writ p..Category: Property Law | Date: | Hits: 22
Abdul Jalil Munshi & another Vs. Abu Bakr Siddique, 1976, 5 CLC (AD)
....e deed dated 14.6.65; that for the purpose of ingress to and egress from the said land he made an arrangement with his vendor for a passage 4ft wide commencing from the north-western extremity of his holding connecting the Elephant road, as described in Schedule B to the plaint, on the basis of an e...... the said structure. 5. It was stated before the Court at the time when the application for special heave was heard that in pursuance of the order of the High Court Division the obstruction raised over the disputed passage had been removed by the respondent in default of the appellants in complyi..Category: Property Law | Date: | Hits: 31
Amal Krishna Chakrabarty Vs. Sekendar Mallik , 2006, 35 CLC (AD)
....The finding so made by the High Court Division could not be assailed by the learned Counsel. 8. It has also been submitted by the learned Counsel that the High Court Division was in error in holding that provision of Section 43 of the Transfer of Property Act has no application in the......3, that the defendant No.3 paid rent and is in possession of the land so acquired from defendant No. 7 and that his name has been recorded in the record of right and he is paying rent to the Government, that defendant Nos. 1 and 2 are the contractors and they have converted the land is..Category: Property Law | Date: | Hits: 21
Billal Hossain and others Vs. Mofizur Rahman and others, 2006, 35 CLC (AD)
....section 47 of Registration Act is misconceived because Dud Mia was not entitled to transfer the properties belonging to his sisters. 6. As it appears the trial Court dismissed the suit holding that the plaintiffs purchased 60½ decimals of land from Dud Mia by sale deed da......nd two sons, Wahid Ali and Rawsan Ali; Wahid Ali transferred 34 ½ decimals of land in favour of Alimuddin from plot No. 2719 by two registered kabalas dated 10.01.1959 and 31.12.56 and made over possession thereof to him; Rawshan Ali sold 12 ½ decimals of land from plot No. 27..Category: Property Law | Date: | Hits: 19
Mvi. Md. Shafiqur Rahman and another Vs. Ambia Khatoon and others, 2007, 36 CLC (AD)
....nable and the High Court Division erred in law in observing that order 9 Rule 9 CPC is applicable in such proceeding. 4. As it appears the High Court Division discharged the Rule holding that in the case of Kazi Mohammad Joyan Ali and another vs. Raja Pramanik and ors. report&s......ny illegality or infirmity in the decision of the High Court Division so as to call for any interference. The petition is dismissed. This Case is also Reported in: V ADC (2008) 49. ..Category: Property Law | Date: | Hits: 26
Bijoy Kumar Sarbabidya Vs. Government of Bangladesh & others, 2006, 35 CLC (AD)
....e the lessees under the government and are in possession of the suit land and their prayer being also allowed, they were added as defendants. 3. The trial court, after having, decreed the suit holding as follows: “বাদী পক্ষে তাহাদের কেসের সম......upreme Court Appellate Division (Civil) Present Md. Ruhul Amin J M.M. Ruhul Amin J Md. Tafazzul Islam J Bijoy Kumar Sarbabidya……………………….Petitioner Vs. Government of Bangladesh & others .........Respondents Judgment November 30, 2006. Result: ..Category: Property Law | Date: | Hits: 39
Chairman, Raisree (North) Union Parishad & anr Vs. Abdul Khaleque & anr., 2006, 35 CLC (AD)
....a……………” 12. “Bangla……………” 13. As it appears the High Court Division made the Rule absolute holding that the plaintiffs filed an application for local inspection on 26.7.1989 and the learned......shows that the disputed road going to be constructed on new land and further the trial court found that the C.S. and S.A. record there was no mention of any road and this finding was not controverted by the court of appeal below. The High Court Division further found that in the documents s..Category: Property Law | Date: | Hits: 37
Shushil Chandra Nath Vs. Shanjib Kanti Nath and another, 2007, 36 CLC (AD)
....he deed of gift was acted upon and that upon mutating his name he is paying the rent. The defendant No.1 went on appeal. The appellate Court affirmed the judgment and decree of the trial Court upon holding that no reliable evidence was led from the side of the defendant to establish that plainti......ion. The deed of gift was registered on April 18,1973, that possession of the land gifted was delivered to the defendant No. 1 and since then he is possessing the same upon paying rent to the Government, that plaintiff is on a portion of the land with the permission of the defendants, ..Category: Property Law | Date: | Hits: 46
State Vs. Md. Rafique Ahmed, 2007, 36 CLC (AD)
....d the committee held the respondent responsible for an amount of TK. 13,080.25 and in pursuance of the said recommendation of the inquiry committed the Government issued official order holding the respondent responsible for negligence of official duty and ordered to pay an amou......served as a Junior Accountant during the period for 01.09.1986 to 14.07.1990 and Abdus Salam Khan, Cashier of the Central Telegraph Office, Ramna, Dhaka under Telegraph and Telephone Board of the Government of Bangladesh was the custodian of the cash and cash book who went to leave preparatory t..Category: Criminal Law | Date: | Hits: 62
Nantu Vs. State, 2007, 36 CLC (AD)
....ed the place of occurrence, prepared sketch map with separate index, seized alamats by preparing seizure list, prepared inquest report of the dead body of the deceased and sent it to the morgue for holding postmortem examination, examined the witnesses and recorded their statement of th......t-Barisal at 11.30 A. M. 09-08-1996 against 23 persons for the offence under Sections 147/148/149/342/326/307 and 364 of the Penal Code, alleging, inter-alia, that her husband had enmity with them over landed property in Charbaria. She alleged that on the previous evening at about 8 P.M. brother..Category: Criminal Law | Date: | Hits: 37
Malek Gharami Vs. State, 2007, 36 CLC (AD)
....th of his wife. We on scrutiny of the evidence, which has been made part of the petition for leave to appeal, are of the view that the High Court Division and the trial Court were quite correct in holding the petitioner responsible for causing death of his wife Tanjila Khatun and thereupon ...... interfere with the judgment of the High Court Division sought to be appealed. Accordingly the petition is dismissed. Ed. This Case is also Reported in: V ADC (2008) 171. ..Category: Criminal Law | Date: | Hits: 38
State Vs. Matiur Rahman, 2007, 36 CLC (AD)
....No.3(6) 94 directed CID to investigate the complaint case but since CID failed to submit any report, the learned Magistrate referred the matter to Mr. Ranjit Kumar Das, Magistrate Second Class, for holding judicial inquiry who, on inquiry, submitted report with the finding that offence under...... whereupon the victim had to take shelter at the house of her father, P.W.1 and stayed therefore about one year; subsequently, pursuant to a salish by the villagers the victim was handed over to the condemned prisoner and accused Abdur Rashid and accordingly the victim was taken at the..Category: Criminal Law | Date: | Hits: 58
State Vs. Abdus Sattar and others, 2007, 36 CLC (AD)
....n has come to with ill motive to take revenge upon the accused and the delay is lodging the FIR together with failure to prove the occurrence by good and satisfactory evidence as well as with holding of alleged companion of the deceased, who was with him (deceased) at the time of occurrence......Additional Sessions Judge, Narshingdi on the basis of materials available on the record, framed charge against the accused-appellants and another under Sections 302/34 of the Penal Code and read it over to the accused on dock to which they pleaded not guilty and demanded trial. 5. The pros..Category: Criminal Law | Date: | Hits: 44
Rahmat Ali Vs. Md. Abdul Gani and others, 2007, 36 CLC (AD)
....as extinguished in any manner and Dalimjannessa having not claimed in the alleged deed of settlement exhibit-3(Kha) 'Ka' schedule land by way of inheritance, the Court of appeal below erred in not holding that the suit for simple partition is not maintainable without a declaration of title ......Rahman, Ahmed Ali and Rahmat Ali by a deed of settlement. The said Gaziur Rahman and others erected homestead in some portion of the suit land and thereby owned and possessed the said land for over 12 years by cultivation. Ahmed Ali died leaving behind wife Sohagi two daughters, Hamida and ..Category: Property Law | Date: | Hits: 26
Faiz Ahmed Chowdhury Vs. Alhaj Shamsul Huda Chowdhury and others, 2007, 36 CLC (AD)
....ali property with the defendants; that he has mutated his name for the said land vide Mutation Case No. 197 of 1987-88 and has been running his business therein on payment of rents and by holding trade licence from the Paurashava; that Ochi Miah was owner of the rest 0.14 decimals of l......of the building falls in the saham of the plaintiff at the final partition. He undertakes to demolish the said building at his own cost and at his own risk and peril and undertakes to hand over vacant possession in favour of the plaintiff. This portion has not been denied by the pl..Category: Property Law | Date: | Hits: 38
Md. Rafiq Uddin and another Vs. Md. Khorshed Ali Mollah and others, 2007, 36 CLC (AD)
.... and vague statement of D.W.3, which did not help in any manner, relating to the plaintiffs alleged possession far less specific possession and hence the appellate Court was quite justified in holding that the plaintiffs were not entitled to a decree for want of proper identification of the ......d the usufructs of the suit lands and paid rent of the suit land from 1339-1400 B.S. and neither the plaintiffs predecessor nor the plaintiffs took any step for establishment of their title and recovery of possession of the suit lands within the statutory period of limitation and hence the ..Category: Property Law | Date: | Hits: 27
Abdul Wazed Sharif Vs. Shudhir Ranjan Biswas and others, 2007, 36 CLC (AD)
.... on consideration of the evidence and also three certified copies of the registered sale deeds, Exbt. A, B and C found that the preemptors exhausted their right, title and interest in the case holding and accordingly dismissed the case. On appeal the learned District Judge reversed the above......t Division and so call for any interference. Accordingly the appeal is dismissed. There is no order as to costs. Ed. This Case is also Reported in: V ADC (2008) 108. ..Category: Property Law | Date: | Hits: 21
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