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....ncreased to a great extent, the
pre-emptor-opposite party became greedy and only to grab the property filed the
instant pre-emption case. The learned Counsel further submits that when the bainanama agreement was made between
opposite party No.2 Biren and the pre-emptee Rafika Begum on 16.2.1998 a......¦â€¦â€¦â€¦â€¦â€¦â€¦â€¦â€¦â€¦â€¦â€¦â€¦â€¦â€¦â€¦â€¦â€¦â€¦â€¦â€¦â€¦â€¦â€¦â€¦â€¦â€¦â€¦â€¦Opposite Parties
Judgment
April 9, 2008.
Result:
The Rule is
discharged.
Cases Referred to-
Md. Abdur Rouf and
others Vs. Mahmuda Khatoon and others, 1 BCR (AD) 194; Akhlasur Rahman ......hman and others Vs. Safurullah
and others reported in 14 BLD(AD) 20 wherein it has been
held:-
"When the pre-emptor
took a leading part in bringing about the transaction by attestÂing the sellers
in sailing the land and enÂcouraged the buyers purchasing it and himself
negotiated the p..
Category: Property Law | Date: 9 Apr, 2008 | Hits: 4
Jaibar Ali Fakir Vs. State, 2008, 37 CLC (HCD)
....hild cannot be expected to fully appreciate the outcome of his action in waiving the right to silence. At that age when he would be deemed not to have the mental capacity in law to sign any contract, agreement or other document, he should not be deemed to have the mental capacity to sign away his fu......used at the time of the occurrence and at the time of the alleged confessional statement should be kept in mind. It is an accepted phenomenon that children are impressionable, gullible and more ready to admit guilt for other ulterior reasons. Upon research it has been found that children will falsel......o the voluntaries of any confession recorded. Send down the lower Court records with a copy of this judgment, immediately. Ed. This Case is also Reported in: 61 DLR (HCD) (2009) 208. ..Category: Women and Children | Date: 6 Mar, 2008 | Hits: 113
Jaibar Ali Fakir Vs. The State, 2008, 37 CLC (HCD)
....mature child cannot be expected to fully appreciate the outcome of his action in waiving the right to silence. At that age he would be deemed not have the mental capacity in law to sign any contract, agreement or other document. Can he be deemed to have the mental capacity to sign away his fundament.......4954 of 1991 is disposed. Cases Referred To- State Vs. Presha, State Vs. Khokan Mridha, 7 BLC 561;B.M.B. Lawyers Involved: Not represented-the appellant. Mohammad Ali Akanda, Deputy Attorney General with Mrs. Shahnaz Haque, Assistant Attorney General and A.K.M. Salahuddin Khan, Assis......corded. Send down the lower Court records with a copy of this judgment, immediately. AFM Abdur Rahman J.-I agree. This Case is also Reported in: 16 MLR (HCD)(2013) 167.    ..Category: Women and Children | Date: 6 Mar, 2008 | Hits: 174
Abdul Latif (Md.) Vs. Mohammad Ali, 2008, 37 CLC (HCD)
....of affirming the findings of the trial Court, the narration of the entire evidence and reiteration of the reasons given by the trial Court are not essential. In such a case, expressions of general agreement with those of the trial Court are generally considered sufficient. It is not the duty of ......Md.)……………..Petitioners Vs. Mohammad Ali…………………….Opposite Parties Judgment January 28, 2008. Result: The Rule is discharged without any order as to costs. In a Partition Suit, disputed questions of title may be involved and such ques......rts below stand maintained. Send down the lower Court records and a copy of the judgment and order to the Court concerned. Ed. This Case is also Reported in: 61 DLR (HCD) (2009) 804. ..Category: Property Law | Date: 28 Jan, 2008 | Hits: 31
Fairdeal Marine Services, Fujairah, U.A.E Vs. M.V. PELEAS K and others, 2007, 36 CLC (HCD)
....that the judgment passed in decreeing the said Admiralty Suit against the defendants ex parte cannot be said to have been passed without jurisdiction. In that regard, this Court finds itself to be in agreement with Mr. Siddique's submission that the Admiralty Court having assumed jurisdiction un......bsp; ......mentioned and specified in Schedule 'A' to the application is hereby necessarily recalled and vacated. Ed. This Case is also Reported in: 29 BLD (HCD) (2009) 17. ..Category: Admiralty Law or Maritime Law | Date: 6 Dec, 2007 | Hits: 19
Mrs. Zakia Doha Vs. Rajdhani Unnayan Kartipakha, 2007, 36 CLC (HCD)
.... Mrs. Atia Siddiqui got delivery of possession of the said plot of land. Thereafter she constructed a two-storied building thereon which was leased out to the Deputy Indian High Commission by an agreement dated 07.01.1970 at a monthly rental of Tk. 2500/- and it is still the official residence ......ellip;……………Respondents (In Writ Petition No.5721 of 1997) Judgment November 15, 2007. Result: The Rules are discharged. Cases Referred to- Government of Bangladesh Appellant Vs. Md. Jalil and others, 15 BLD (AD) 175=49 DLR (AD) 26......affirmed the enlistment of the case property in the 'Ka' list of abandoned buildings. As an abandoned property, the RAJUK, under the authority of the Government; decided to, auction-sell the same and invited applications for that purpose and the bid of the added respondent No...Category: Abandoned Properties Law | Date: 15 Nov, 2007 | Hits: 6
M. A. Jaher and others Vs. Sonali Bank and others, 2007, 36 CLC (HCD)
....r before the Artha Rin Adalat concerned within 30 days from the date of receipt of the copy of this judgment by that Adalat. Ed. This Case is also Reported in: 13 MLR (HCD) (2008) 64. ...... relevant for disposal of this rule, in short, are that the respondent No.1, Sonali Bank, Bhola Branch filed Artha Rin Suit No.5 of 1998 against the petitioners for recovery of loan money amounting to Tk. 1,02,69,058/41. That suit was decreed exparte by the judgment and order dated 13.11.2000. T......on 33 of the Artha Rin Adalat Ain, 2003 were not complied with. 4. Mr. Asad Hossain Chowdhury, the learned advocate, appearing for the respondent No.1 has submitted that attempts were made to sell the mortgaged property in auction and since those attempts could not be successful for non-com..Category: Civil Law | Date: 11 Sep, 2007 | Hits: 6
BRAC Printers Vs. Chairman, First Labour Court and another, 2007, 36 CLC (HCD)
....vities and that their successful guidance made the union raise an industrial dispute on 10.1.2000 to the employer and under their able guidance, a 5-point charter of demands was settled by signing an agreement on 24.6.2000. As a result, the workers achieved desired salary rise with arrears and the r......hellip;…………………………..Respondent Judgment August 28, 2007. Result: The Rules are discharged. Cases Referred to- Managing Director, Bangladesh Machine Tools Factory Ltd. Vs. Chairman, 2nd Labour Court and......arged without any order as to costs. The order of stay passed at the time of issuance of the Rule is hereby recalled and vacated Ed. This Case is also Reported in: 28 BLD (HCD) (2008) 25. ..Category: Labour and Industrial Law | Date: 28 Aug, 2007 | Hits: 19
Chairman, Rajdhani Unnayan Kartripakkha (RAJUK) Vs. A Rouf Chowdhury and others, 2007, 36 CLC (AD)
....ction Act, 1952 reads as follows: Restriction on construcÂtion of building and excavation of tank.- (1) Notwithstanding anything contained in any other law for the time being in force, or in any agreement, no person shall, without the preÂvious sanction of an Authorised Officer, construct or r......n J Chairman, Rajdhani Unnayan Kartripakkha (RAJUK) ..........Appellant Vs. A Rouf Chowdhury and others.........................Respondents Judgment August 2, 2007. Cases Referred to- Dr. Ashok Kumar Maheshwari vs State of UP, AIR 1998 SC 966; B Rama Rao vs Government of AP, 1......against the practice of equity and good conscience to reopen the sanction after six years, the respondents raised fund for the construction, work continued with the construction advertised widely for selling/leasing out the floor spaces at Rangs Bhaban, sold and transferred possession to the allotte..Category: Property Law | Date: 2 Aug, 2007 | Hits: 114
....Article 5A of the Bangladesh Land Holding (Limitation) Order, 1972 runs as folÂlows:-
"Notwithstanding
anything contained in any other law for the time being in force or in any
contract or agreement, all transÂfers of land made by any member of a family,
holding land in excess of one hu......rnment of
Bangladesh and others………………………………………………….Respondents
Judgment
June 7, 2007.
Result:
The Appeal is
dismissed.
Cases Referred to-
I.L.R. 42 Privy
Council 801 cal.; I.L.R. 33 Cal 584; 35 D.L.R. (A.D.) 31; 51 D.L.R. 77.
......the appeal.
Consequently the appeal is dismissed without any order to cost.
Send down the lower
court records at once.
Ed.
This Case
is also Reported in: 28 BLD (HCD) (2008) 498.
..
Category: Property Law | Date: 7 Jun, 2007 | Hits: 6
Shaikh Md. Mahmud Hossain and others Vs. Md. Abdur Razzaque and others, 2007, 36 CLC (HCD)
....ns the School do not exist on the donated land and the gift is thereby revoked. I am unable to accept such argument of Mr. Siddique. And the decisions cited and referred to by Mr. Siddique are not in agreement with the facts and circumstances of the present case before us, rather I find substance in......………………..Petitioners Vs. Md. Abdur Razzaque and others…………………......Opposite parties Judgment June 6, 2007. Result: The rule is discharged. Cases Referred to- Rabjel Mondal Vs. Didar Mondal and others, 15 BLD (AD) 05; Minor Md. Masihur Rahman Biswas Vs......t Satkhira is hereby upheld and maintained. Let a copy of this judgment along with the lower Court's records be sent down at once. Ed. This Case is also Reported in: 13 MLR (HCD) (2008) 177. ..Category: Property Law | Date: 6 Jun, 2007 | Hits: 27
State Vs. Monir Hossain & another persons, 2007, 36 CLC (HCD)
....ection 111 of the Penal Code. So, order to find any person guilty of the offence of abetment it must be shown that he instigated the person who committed the offence or in that there was an agreement to commit the offence between him and the person committing the offence. 68. Having d......conding on being found guilty for commission of the offence punishable under section 302/34 of the Penal Code in Drutta Bichar Case No. 36 of 2003 arising out of GR Case No. 632 of 1999 corresponding to Manikganj Police Station Case No.11(7)99. 2. In this Death Reference all the condemned ......ourt below, District Magistrate, Manikganj and Superintendent of Police, Manikganj at once for information and necessary action. Ed. This Case is also Reported in: 65 DLR (HCD) (2013) 455 ..Category: Criminal Law | Date: 27 May, 2007 | Hits: 5
Shamsur Rahman Khalifa Vs. Jagodish Chandra and Others, 2007, 36 CLC (HCD)
.... within the stipulated period. After expiry of the stipulated period the plaintiff got his name mutated and paid rent. The defendant Nos. 6-7 gave up their claim which accrued to them on the basis of agreement dated 16-11-1959 and there accrued absolute title in the suit land in favour of the plaint......Petitioner Vs. Jagodish Chandra and Others.....................Defendants-Opposite Parties Judgment May 27, 2007. Result: The Rule is made absolute. Cases Referred to- Bangladesh Vs. Abdul Gani, 32 DLR (AD) 233; Sadananda Rana, 34 DLR (AD) 237; Abdul Khaleque...... at once. The defendants are restrained permanently from interfering with the peaceful possession of the plaintiff in the suit. Ed. This Case is also Reported in: 13 BLC (HCD) (2008) 873. ..Category: Property Law | Date: 27 May, 2007 | Hits: 9
Faruk Ahmed and another Vs. Bangladesh, 2007, 36 CLC (HCD)
....nistry of Disaster Management and Relief, reported in 2002 BLD 378 = 6 BLC 681 and Dr. Abeda Begum Vs. Public Service Commission reported in 59 DLR 182 =1997 BLD 64. We are also in respectful agreement with the aforesaid view. 14. In such view of the facts, we hold that the Government...... Bangladesh represented by Secretary, Ministry of Home Affairs and another………..Respondents Judgment May 16, 2007. Result: The Rule is made absolute without any order as to cost. Cases Referred to- Chairman, Bangladesh Textile Mills Corporation Vs. Nasir Ahme......ssion (Annexure-D) within two months from the date of receipt of this judgment and order. Communicate the order at once. Ed. This Case is also Reported in: 61 DLR (HCD) (2009) 151. ..Category: Others | Date: 16 May, 2007 | Hits: 4
Mohan Meah Vs. Dhaka City Corporation Mayour, Dhaka, 2007, 36 CLC (HCD)
....d Writ Petition was withdrawn purÂsuant to an out of court settlement between the parties nothing could be allotted to the instant petitioner since his name did not appear any where either in the agreement or in the Writ Petition itself. It has however, been stated that the petitioner applied f......ure of writ proceedings Writ proceedings are essentially civil proceedings and the substantive rules of the Civil Procedure Code will apply. Rules of procedure, however, should not be pursued to the point of absurdity so that the substantive issues between the parties are lost and justice ......on of the Corporation. With the above observation, this Rule is disposed off. There will be no order as to costs. Ed. This Case is also Reported in: 13 BLC (HCD) (2008) 927. ..Category: Civil Law | Date: 29 Apr, 2007 | Hits: 2
....discharged and the Rule in Writ Petition No.5961 of 2004 is made absolute.
There will be no order as to costs.
Ed.
This Case is also Reported in: 29 BLD (HCD) (2009) 284.
...... 2004 is made absolute.
There will be no order as to costs.
Ed.
This Case is also Reported in: 29 BLD (HCD) (2009) 284.
...... than one auction sale under the aforesaid provisions is barred.
The statute provides that the auction sale process is to be completed first under section 33(1),(2),(3) and in case of failure to sell the property under the said provisions right under section 33(7) can be exercised by the d..
Category: Banking Law | Date: 12 Mar, 2007 | Hits: 6
Md. Afazuddin Vs. Md. Ataur Rahman & another, 2007, 36 CLC (AD)
....t of Subordinate Judge (now Joint District Judge), Dhaka and was renumbered as Title Suit No. 3 of 1987. 3. The case of the plaintiff, in short, is that the defendant No. 1 entered into an agreement with him to sell the suit property at a consideration of Tk. 1,20,000/- and on reÂceipt o...... of 1985 in the 1st Court of Subordinate Judge (now Joint District Judge), Dhaka against the present appellant and others for Specific Performance of ConÂtract. The suit was subsequently transferred to the 3rd Court of Subordinate Judge (now Joint District Judge), Dhaka and was renumbered as Title ...... (now Joint District Judge), Dhaka and was renumbered as Title Suit No. 3 of 1987. 3. The case of the plaintiff, in short, is that the defendant No. 1 entered into an agreement with him to sell the suit property at a consideration of Tk. 1,20,000/- and on reÂceipt of Tk.5,001/- from the ..Category: Contract Law | Date: 7 Feb, 2007 | Hits: 272
M. H. Monzur Vs. Md. Nuruzzaman and others, 2006, 35 CLC (HCD)
....in 14 BLD (AD) 229, MayezuddinMondal Vs. Bena Rani Das and others reported in 45 DLR 154 and M. A. Jahangir andanother Vs. Abdul Malek and others reported in 41 DLR 389. 24. We are in respectfully agreement with the principle enunciated in the case reported in 48 DLR (AD) 120 as referred by the l......er Vs. Md. Nuruzzaman and others……………………………………………….Opposite Parties Judgment August 21, 2006. Result: The Rule is discharged. Cases Referred to- Abdul Wadud Contractor and another Vs. Nazir Ahmed and others, 48 DLR (AD) 120; Jinnat Ali Mu......ithin 6(six) months from the date of receipt of this order. Communicate the order at once with a copy of judgment for information. Ed. This Case is also Reported in: 27 BLD (HCD) (2007) 220. ..Category: Procedural Law | Date: 21 Aug, 2006 | Hits: 42
Md. Chand Miah and others Vs. Md. Ibrahim and others, 2006, 35 CLC (HCD)
....tands vacated. 24. Communicated the order at once with a copy of the Judgment for information and taking necessary action. Ed. This Case is also Reported in: 15 BLT (HCD) (2007) 306. ......rs………………………….Opposite parties Judgment August 8, 2006. Result: The Rule is made absolute. Cases Referred to- Md. Serajuddin Ahmed and others Vs. A.K.M. Saiful Alam and others, 56 DLR (AD) 41; Kessarba......erein plaintiff) jointly sold 11.55 acres of land from the suit land to Hazi Abdus Sukur by way of registered kabala; that on 13-01-1938 the plaintiff along with Jobeda JKhatun and Hazrat Ali did not sell the property to Hazi Abdus Sukur; that the said deed was created by a false personification and..Category: Evidence Law | Date: 8 Aug, 2006 | Hits: 25
Nani Gopal Hazra Vs. Sree Nagendar Nath Roy and others, 2006, 35 CLC (HCD)
....missing the same is set aside and the Misc. case No.58 of 1972 is allowed. Send down the Lower Court's Record at once. Ed. This Case is also Reported in: 26 BLD (HCD) (2007) 540. ......llip;……………………………Respondents Judgment July 19, 2006. Result: The Appeal is allowed. Cases Referred to- Brajabala Vs. Tarapada Saha Minor and others, 11 DLR 1959 page 40; Pannu Geegania Vs. Devi ......alienation by the widow. 36. The estate taken by a Hindu widow in property inherited by her from her husband may best be described by saying that she is the owner thereof, except that she cannot sell the corpus of the property or mortgage it, or make a gift of it, or grant lease thereof for a l..Category: Hindu Law, Property Law | Date: 19 Jul, 2006 | Hits: 15
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