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Government of the People's Republic of Bangladesh Vs. Khariat Hossain and others, 2006, 35 CLC (AD)
....the kabuliyat being made for only one year, the claim of the plaintiffs has no legal force as the period of kabuliyat expired. 5. As it appears the High Court Division made the rule absolute holding that there is no dispute as to the fact that the suit land was taken settlement by the fath......s Case is also Reported in: IV ADC (2007) 664. ..Category: Property Law | Date: | Hits: 27
Waez Uddin and others Vs. Anwara Begum and others, 2006, 35 CLC (AD)
....th malafide intention, is denying those deeds. The trial court decreed the suit declaring that the Sale Deed No. 5666 dated 13.12.1956 as void, forged, collusive and not binding upon the plaintiff holding that the contents of the same show that the name of the vendor as "Jager Hossain"...... title of the plaintiff to a part of the suit land and the plaintiff also could not prove as to in which part of the suit land he was in possession and further without a prayer for partition or recovery of possession the suit is also not maintainable in its present form. 3. The plaint..Category: Civil Law | Date: | Hits: 83
Abdus Sukkur and others Vs. Mohammad Younus and others, 2006, 35 CLC (AD)
....land in suit in fact stands in the name of Abdul Ali alone and in the background of the facts and the materials brought on record the same was not acted upon, that the appellate Court was wrong in holding on the basis for of noting about the patta in the R.S. record that Hakim Jan Bibi had the 8...... patta dated February 17, 1902 to her son Jebal Hossain by the 2nd husband, that the gift was made by the registered deed of gift dated June 25, 1928, that possession of the land so gifted was made over to Jebal Hossain who built his homestead in the said gifted land and was living there, that H..Category: Property Law | Date: | Hits: 24
Bangladesh Bank Vs. Sk. Abul Hossain and others, 2006, 35 CLC (AD)
.... 2. The respondent No.1, on 1st November 1994, filed an application under sections 81(2) and section 85(3) of the Companies Act 1994, which was registered as Matter No.106 of 2003, praying for holding the 20th Annual General Meeting of the respondent No.2, hereinafter referred to as the comp...... taking advantage of the above orders of stay dated 24.1.2004 in as much as if the company continues with more than 13 directors and if the decisions of the High Court Division dated 20.1.2004 are overturned then all the actions of the Board of Directors of the company with more than 13 members ..Category: Business or Commercial Law | Date: | Hits: 78
Khondker Ansar Ahmed & others Vs. A.T.M. Monsur Ali Mallik & others, 2007, 36 CLC (AD)
....e Suit Nos. 134 of 1964 and 984 of 1962 were filed by the plaintiff respondents in the 1st Court of Assistant Judge, Khulna for ejectment of the defendant appellants as monthly tenants from Municipal holding Nos. 13 and 12 respectively. Admittedly the suit land measuring .17 acres being C.S. Plot No......rears of rent due before the transfer, and that, if the lessee, not having reason to believe that such transfer has been made, pays rent to the lessor, lessee shall not be liable to pay such rent over again to the transferee. The lessor, the transferee and the lessee, may determine what prop..Category: Property Law | Date: | Hits: 34
Wonder Land Toys Ltd. Vs. Ministry of Finance, Govt. of Bangladesh, 2002, 31 CLC (AD)
....line for the exercise of power to order or cause an enquiry to be made by the commission into the affairs of the issuer of a listed security from amongst a group of companies similarly situated and holding similar status, there invariably exists the scope for arbitrary exercise of such discretion...... take steps for early disposal of the rule pending before the High Court Division. The petition is, accordingly dismissed. Ed. This Case is also Reported in: 12 MLR (AD) 2007, 19. ..Category: Criminal Law | Date: | Hits: 36
Md. Anwar Hossain Vs. Government of Bangladesh, 2004, 33 CLC (AD)
....erials which caused huge financial loss to the Government. The petitioner submitted a written reply against the charges denying all the material allegations. A board of enquiry was constituted for holding enquiry but without holding any enquiry properly they submitted a report to the authority. ......late Division (Civil) Present: Md. Ruhul Amin J MM Ruhul Amin J Md. Tafazzul Islam J Md. Anwar Hossain.........................Petitioner Vs. Government of Bangladesh represented by the Secretary, Ministry of Finance and Others ................Category: Criminal Law | Date: | Hits: 41
Peninsular Shipping Service Ltd. Vs. M/s. Faruque Paint & Varnish Manufac. Co Ltd. 2006, 35 CLC (AD)
....the money by putting the aforesaid property in public auction and the auction took place on 02.09.2002 and the appellant auction purchased the property. The judgment debtor alleging irregularities in holding auction filed Miscellaneous Case No. 10 of 2004 praying to set aside auction sale dated 02.0......g the loan and so the aforesaid bank filed the above suit for realizing the money and obtained a decree of Tk. 1,45,61,562/- and the decree holder bank instituted Execution Case No. 23 of 1999 for recovery of the money by putting the aforesaid property in public auction and the auction took place on..Category: Civil Law | Date: | Hits: 132
Shadharan Bima Corporation Vs. The First Court of Settlement and other, 2006, 35 CLC (AD)
....inal non-Bengali owner when President's Order No.16 of 1972 was promulgated and this burden of proof having not been discharged by them before the Court of Settlement, no case for releasing the holding in question from the list of abandoned property has been made out and the High Court Divis...... The First Court of Settlement and other................Respondents (In both the cases) Judgment January 26, 2006. Cases Referred To- 48 DLR (AD) 1, Rasheda Begum Vs. Government of Bangladesh and another, 2 BLC (AD) 158; Rahima Begum and others Vs. Court of Settlemen..Category: Property Law | Date: | Hits: 41
Ayen Ali Howlader Vs. Nazir Ahmed and others, 2007, 36 CLC (AD)
....nfirmed Settlement Case of the respondent No. 6-petitioner. 9. Thereafter in review petition by the petitioner Respondent No. 1, the Chairman, Land Appeal Board, rejected the review petition holding that the petitioner respondent No.1 could not raise any new point of law or fact or in the ......404 of 2003 making the Rule absolute. 2. The facts, in short, are that the respondent No.1 as petitioner filed Writ Petition No.4404 of 2003 contending, inter-alia, that the case land is a Government non-agricultural khas land of 20 decimals in Plot No. 1088 of Mouza Char Badna, Police St..Category: Property Law | Date: | Hits: 29
Abul Kalam Azad and others Vs. Mohammad Iqbal Hossain & Ors, 2004, 33 CLC (AD)
....rment of the School and for day to day functioning of the School. It was also submitted that as the term of the second Ad-hoc Committee was also going to expire a new Committee was constituted for holding election in accordance with the provisions of the Regulation, 1977. So, according to him, n......deem fit and proper. 2. The respondents alleged that inspite of order of the High Court Division the Managing Committee which was constituted on 12.12.2000 was never allowed to function. Moreover, another Ad-hoc Committee was constituted and election was held for regular committee and reg..Category: Criminal Law | Date: | Hits: 47
Md. Dewan Ali Vs. Md. Jasim Uddin and others, 2008, 37 CLC (AD)
.... 11.4.1993 and came to learn definitely about the said sale and filed preemption Miscellaneous Case No. 6 of 1993 against the appellant Md. Dewan Ali claiming him as the co-sharer in the case holding alleging that said Md. Dewan Ali is a stranger-purchaser and Saleha Bibi sold the case land......ful scrutiny reveals that the evidence available on record on the point as to whether the pre-emptor had the knowledge of the sale of the case land to the purchaser-pre-emptee is contradictory. Moreover, the purchaser-pre-emptee has failed to examine some important witnesses who, according to the..Category: Property Law | Date: | Hits: 32
Maruf Hossain (Swopon) Vs. Diljan Bibi and others, 2007, 36 CLC (AD)
....s share is separate which has got no connection with the land of the plaintiffs and moreover .dispossession has not been proved. 4. As it appears the High Court Division discharged the Rule holding, amongst others, that the averments of the defendant in the written statement and also the ......assed in Civil Revision No. 4260 of 2002 discharging the Rule. 2. The respondents, as plaintiffs, instituted Title Suit No. 24 of 2001 in the 2nd Court of Joint District Judge, Dhaka for recovery of khas possession of the suit land under section 9 of the Specific Relief Act on the avermen..Category: Property Law | Date: | Hits: 23
Ameena Ahmed Vs. Government of the People's Republic of Bangladesh, 2008, 37 CLC (AD)
.... started to acquire about 214 acre of land including the land of the petitioner, but Gazette having been made excluding the land of the petitioner, the High Court Division erred in not holding that the aforesaid L.A. Case has been reached to its finality arid conclusion said land acq......Ruhul Amin CJ MM Ruhul Amin J Md. Tafazzul Islam J Md. Abdul Matin J Ameena Ahmed......................................Petitioner (In all the cases) Vs. Government of the People's Republic of Bangladesh represented by the Secretary, Ministry of Land, Ba..Category: Property Law | Date: | Hits: 31
Ratan Chandra Dey and others Vs. Jinnator Nahar and others, 2007, 36 CLC (AD)
.... of defendant respondent No.1 at Char Manasha and she had been owning and possessing the suit land and those deeds are real and genuine. The learned Assistant Judge, after hearing, decreed the suit holding that Monoranjan and Chittaranjan are not the grand sons of Gunamala through her three daug......audulent, void and not binding upon them on the averments that Golak Sarder and Ramgati Sarder were the owners in possession of the suit property to the extent of 12 annas and 4 annas respectively covering an area of 5061/4 acres and 168% acres of land in schedule K of the plaint; Golak died leav..Category: Property Law | Date: | Hits: 33
Dewan Shamsul Abedin, Mutwalli of Dewan Aftebur Reza Chy Waqf Estate Vs. BD, 2007, 36 CLC (AD)
....neous decision that the appellant petitioner ceased to have any interest in the 12 annas share of the Jalmohal along with the 4 annas share of the Waqf Estate; that the High Court Division erred in holding that the appellant petitioner has no subsisting interest in the 12 annas share of the Jalmo......Ameen J Dewan Shamsul Abedin, Mutwalli of Dewan Aftebur Reza Chowdhury Waqf Estate, of Village: Tegharia, Police Station: Sunamgonj Sadar, District-Sunamgonj....Petitioner Vs. Government of the People's Republic of Bangladesh represented by the Deputy Commissioner, Sunamgonj ..Category: Property Law | Date: | Hits: 50
Khizir Haider and others Vs. State, 2007, 36 CLC (AD)
....95(1)(c) of the Code of Criminal Procedure, the initiation of impugned proceeding against the petitioners is barred by law. 3. As it appears that the High Court Division discharged the Rules holding that on 5.6.1972 an area of 12.66 acres of land with a building situated at Sadar Bhadur Na......ttlement which having been dismissed by order dated 27.9.1987 the above property was published in the Official Gazette on 26.12.1988 as an abandoned property; the accuseds, in collusion with some government employees, transferred the government property and thereby misappropriated about Tk.9 (ni..Category: Criminal Law | Date: | Hits: 43
Master Jainul Abedin Vs. Haji Salamullah Khan & others, 2007, 36 CLC (AD)
.... Naju and Tamizur Rahman each having 8 annas share. Nazu died leaving the pre-emptor and the pre-emptee Nos.16-23 as his heirs. In this way the pre-emptor is a co-sharer by inheritance in the case holding. One Nazir Ahmed disclosed on 25th Magh 1392 B.S. that Tamizur Rahman had transferred the c......s right in making the Rule absolute. Accordingly, the leave petition is dismissed. Ed. This case is also Reported in: 13 MLR (AD) 2008, 140. ..Category: Property Law | Date: | Hits: 29
Abdul Hai and other Vs. Chan Banu Bibi, 2007, 36 CLC (AD)
.... the finding that the petitioner has no cause of action to file the suit. The petitioner then moved the High Court Division but the High Court Division summarily rejected the revisional application holding, inter alia, that the petitioner, having lost their ownership of the suit land in t......r' in the legal sense and cannot claim protection under section 6 of the Ordinance from legal process; it is true that section 3 of the Ordinance provides that the provisions of the Ordinance shall override all other laws but even this non obstinate clause cannot go beyond the ambit of the Ordin..Category: Property Law | Date: | Hits: 60
Lutfor Rahman and others Vs. State, 2007, 36 CLC (AD)
....tion but no permission was accorded. 4. The informant filed naraji petition against the final report. The learned Chief Metropolitan Magistrate on such application directed on 30-08-2000 for holding judicial inquiry and accordingly, the concerned learned Chief Metropolitan Magistrate took ...... are of the opinion that there are no substances in this petition for leave to appeal and accordingly, the same is dismissed. Ed. This case is also Reported in: 13 MLR (AD) 2008, 126. ..Category: Criminal Law | Date: | Hits: 39
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