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Bangladesh Vs. Md. Abdur Rob and others, 2005, 34 CLC (AD)

....irst Appeal No.79 of 1990 is sent back to the High Court Division for disposal on merit. There is no order as to costs. Ed. This Case is also Reported in: VI ADC (2009) 219. ...... khas possession in the plaint on payment of ad veloram court fees  contending that unless the above consequential relief of recovery of possession, in respect of the two portions of the suit property in respect of which the plaintiffs claimed khas pos­session through their monthly tena..

Category: Civil Law | Date: | Hits: 107

Mst. Sufia Khanam Mst. @ Sufia Khatun & another Vs. Md. Abdul Rouf @ Tara Miah, 2007, 36 CLC (AD)

....ecord arrived at a correct decision. There is no cogent rea­son to interfere with the same. The petition is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 217. ......instituted Other Class Suit No.6 of 1998 in the Court of Assistant Judge, Muktagacha, Mymensingh for declaration that the deed of sale described in the 2nd schedule of the plaint in respect of the property described in the first schedule of the plaint is forged, void, without con­sideration ..

Category: Property Law | Date: | Hits: 20

Md. Murtoza Ali & anr Vs. Renu Bibi @ Saifur Nessa & ors., 2007, 36 CLC (AD)

....e-emption in favour of the respondent pre-emptor. We find no merit in these petitions which are accordingly dismissed. Ed. This Case is also Reported in: VI ADC (2009) 203. ...... of the land belonging to Syed Ali was recorded in the name of all his above named heirs; thereafter on the death of Rahima Bibi pre-emptor petition­er opposite party Nos. 3 to 6 inherited the property of Syed Ali; the pre-emptor peti­tioner was given in marriage to one police officer by..

Category: Property Law | Date: | Hits: 25

Afazuddin Mollah and others Vs. Sadhan Chandra Roy, 2007, 36 CLC (AD)

....ub­stances in the submissions of the learned Advocate for the petitioners. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 193. ......atians and a number of rent receipts in support of their case. It is the plaint case that they got the suit land by purchase through amolnama by gift and inheritance. These are modes of acquisition property by a person and it is found that the plain­tiffs left no stone unturned in acquiring t..

Category: Property Law | Date: | Hits: 21

K.K.K. Garments Limited Vs. Islamic Bank Bangladesh Limited and others, 2007, 36 CLC (AD)

....erit in the submissions of the learned Advocate for the petitioner. Accordingly, the leave petition is dis­missed. Ed. This Case is also Reported in: VI ADC (2009) 181. ......and the defendants accepted the sanction letter which is fixed for repayment of the loan money together with profits thereof by 28.04.1988. Defendant Nos. 2 and 3 deposited the deed of the schedule property as collateral secu­rity in favour of the plaintiff bank and also executed and register..

Category: Banking Law | Date: | Hits: 97

Taj Din Vs. Mrs. Razia Begum Alvi and others, 1973, 2 CLC (AD)

....sfied that there is no substance in them. The appeal is, therefore, dismissed. The parties are directed to bear their own costs. Ed. This Case is also Reported in: 25 DLR (SC) (1973) 13. ...... December 15, 1970. The Pakistan (Administration of Evacuee Property) Act, 1957, sections 19 & 20 Since the respondents obtained prior approval of the custodian before transfer of property there was no prohibition on confirmation of the said transaction under section 20 of the Pa..

Category: Property Law | Date: | Hits: 28

Lala Ghand Sarder Vs. Abdul Huq and oth­ers, 2007, 36 CLC (AD)

....­stance in the submissions of the learned Counsel for the petitioner. Accordingly, the petition is dis­missed. Ed. This Case is also Reported in: VI ADC (2009) 150. ......or pre-emption in respective of 164 acres of land. Their case is that they are co-sharers in the properties of schedule Nos. 1 and 2 as heirs of their father and contiguous owners of schedule No. 3 property as heirs of their father who is owner of plot Nos. 94, 95, 96, 104, 101 and 102, purchase..

Category: Property Law | Date: | Hits: 20

Bangladesh Co­operative Book Society Ltd. Vs. Mohammad Dastagirul Haq, 2008, 37 CLC (AD)

....Code of Criminal Procedure. We find no merit in this petition which is accordingly dismissed. Ed. This Case is also Reported in: 6 LG (AD) (2009) 59 & 61 DLR (AD) (2009) 62. ......er the tenancy within 31-10-2007. It was further stated that there were vari­ous items of cloths in the shop and the same would be damaged and there was also no provision for attachment of the property when the respondent-opposite party No. 1 had been running the shop. 15. The Crimina..

Category: Criminal Law | Date: | Hits: 32

Government of Bangladesh and others Vs. Quazi Md. Obaidur Rashid and others, 2003, 32 CLC (AD)

....also found nothing to interfere with. Accordingly, the leave petition is dismissed after condoning delay of 23 days. Ed. This Case is also Reported in: 6 LG (AD) (2009) 39. ......vision Bench of the High Court Division dated 10-12-2001 in Writ Petition No.986 of 2000 making the Rule absolute and declaring that the order passed in Misc. Case No.2103 of 1995 treating the case property as an abandoned property is ille­gal and is of no legal effect. 2. The responde..

Category: Property Law | Date: | Hits: 49

Haji Alauddin Vs. State and another, 2008, 37 CLC (AD)

....erence by this Division. In the result, the appeal is dismissed and thereby the impugned judg­ment and order is confirmed. Ed. This Case is also Reported in: VI ADC (2009) 165. ......20 of the Penal Code are not attracted in respect of the transac­tion in the course of which the amount claimed by the respondent No. 2 has fall­en due since there was no entrustment of any property and there was no initial deception to deceive the respondent No. 2. It was also the conten..

Category: Criminal Law | Date: | Hits: 32

Md. Nurul Hoque Sarker Vs. Janata Bank, Tan Bazar Branch, Narayangonj and other, 2008, 37 CLC (AD)

....nal interest and also praying that in case of the failure of the defendant petitioner to pay the decreetal dues, to make the decree final and direct sale of mortgaged properties and also to pass a personal decree against the defen­dant petitioner in respect of the shortfall amount after sale......re is no illegality or infir­mity in the above decision so as to call for any interference. The petition is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 142. ..

Category: Civil Law | Date: | Hits: 106

Mohammad Akbar Chowdhury Vs. Khalilur Rahman and others, 2009, 38 CLC (AD)

....le and affirmed the judgment of the appellate court. We find no merit in this petition which is accordingly dismissed. Ed. This Case is also Reported in: VI ADC (2009) 130. ......bala on 18.01.1997 and became aware for the first time that the case land was secretly purchased by the opposite party No.1, on 29.02.1992. The case land is necessary for enjoyment of his land and property in contiguous southern plot No. 12754 and hence he was compelled to institute Miscellaneou..

Category: Property Law | Date: | Hits: 25

Ahmed Safa Vs. Amin Sharif and others, 2007, 36 CLC (AD)

....pre-emptee-petitioner submits that the court below committed error of law in not con­sidering that the doctrine of propinquity of blood is the guiding principle for the law of inheritance under personal law. In the present case Nanibala is the daughter of the deceased last full owner and Nani...... Section 24 of the Non-agricultural Tenancy Act against the peti­tioner and opposite party Nos. 21-22 pray­ing for pre-emption of the land of kabala dated 30.03.1986 alleging that the suit property originally belonged to Chandra Kumar, Banomali, Ramchandra and Raimohan and it was recorde..

Category: Property Law | Date: | Hits: 28

Narryan Chandra Das Vs. Sree Joydeb Datta and others, 2008, 37 CLC (AD)

.... cost of Tk. 20,000/- as directed by the High Court Division. With this modification as to cost this petition is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 110. ...... in the certificate Case No.90/81-82 held by the then C.O. Revenue, Daulatpur Circle, Phultala, is collusive, fraudulent, illegal, void and not binding upon plaintiff stating, inter alia, that the property measuring an area of 1.14 acres of recorded in S.A. Khatian No. 168 within mouza Paikgram ..

Category: Property Law | Date: | Hits: 26

Salah Uddin Shoaib Choudhury Vs. Government of Bangladesh and others, 2008, 37 CLC (AD)

....n and the writ petition is not maintainable. 6. We find no merit in this petition which is accordingly dismissed. Ed. This Case is also Reported in: 17 BLT (AD) (2009) 89. ......n and the writ petition is not maintainable. 6. We find no merit in this petition which is accordingly dismissed. Ed. This Case is also Reported in: 17 BLT (AD) (2009) 89. ..

Category: Criminal Law | Date: | Hits: 43

RAJUK Vs. Dhaka Water Supply and Sewerage Authority and other, 2007, 36 CLC (AD)

....1 and 24.03.1998 the respondent No.1 addressed RAJUK by a series of letters, requesting for registration of the lease deed but RAJUK did not reply to any of their letters; the respondent No.1 made personal contact with the officers of RAJUK for execution and registration of a lease deed and ulti......o have been done without lawful authority. We find no merit in the petition and accordingly the same is dismissed. Ed. This Case is also Reported in: 17 BLT (AD) (2009) 80. ..

Category: Property Law | Date: | Hits: 28

Abdul Haris Akan Vs. Thana Nirbahi Officer, Sreepur, 2008, 37 CLC (AD)

....ing the prayer of the petitioner. We find no substance in this petition and accordingly the petition is dismissed. Ed. This Case is also Reported in: 17 BLT (AD) (2009) 73. ......the predecessor of the present petitioner, as plaintiff instituted Title Suit No.153 of 1993 in the Court of 2nd Senior Assistant Judge, Sreepur, Gazipur Sadar for declaration of Title in the suit property and for a further declaration that the suit property is not a vested property. The said su..

Category: Civil Law | Date: | Hits: 85

Government of Bangladesh and another Vs. Mrs. Rawshan Ara Begum and another, 2005, 34 CLC (AD)

.... in our opinion is of no merit. In the background of the discussions made hereinabove we find merit in the appeal. Ed. This Case is also Reported in: 17 BLT (AD) (2009) 65. ......Amin J.- This appeal, by leave, is against the judgment dated November 3, 1991 of the High Court Division in Writ Petition No. 448 of 1988 making the Rule absolute and thereupon declaring that the property in question has been listed in the "khas list of the abandoned buildings without lawf..

Category: Property Law | Date: | Hits: 29

Bangladesh Muktijoddha Kalyan Trust and another Vs. Md. Arshad Ali and others, 2007, 36 CLC (AD)

....an enquiry committee, consisting of not more than three Officers Senior in the rank to the accused to conduct the enquiry and the enquiry committee shall submit a report after giving the employee personal hearing, if so desired by him". "Rule 27(3): The authority competent to i......ound of the discussion made hereinabove we find no merit in the petition. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: 17 BLT (AD) (2009) 58. ..

Category: Employment/Service Law | Date: | Hits: 408

Amir Hossain Reza Vs. Bangladesh and others, 2008, 37 CLC (AD)

....spondent No. 11 submitted that Rule 9 of the Union Parishad Rules, 1084 contains two parts, firstly; if any written explanation is submitted by the Chairman concerned it shall be considered and no personal hearing would be necessary in such case. Secondly; if no written   explanation i...... or of the state on he ever became physically or mentally incapacitated from performing his functions or he was never guilty of misconduct or responsible for any loss or misapplication of money or property of the Union Parishad within the meaning of Section 12(1) of the Union Parishad Ordinance,..

Category: Criminal Law | Date: | Hits: 32