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Asmat Ali Vs. Abdur Rafique Mridha and others, 2000, 29 CLC (AD)
....dge), Kapasia in Title Suit No. 6 of 1985 on 19-2-86, decreeing the suit for redemption of mortgage. 2. The plaint case is that, the plaintiff by a registered deed of mortgage dated 26-3-62 transferred the suit land to one Abdul Gafur Mridha, predecessor-in-interest of the defendant......y the Munsif (now Assistant Judge), Kapasia in Title Suit No. 6 of 1985 on 19-2-86, decreeing the suit for redemption of mortgage. 2. The plaint case is that, the plaintiff by a registered deed of mortgage dated 26-3-62 transferred the suit land to one Abdul Gafur Mridha, predecess..Category: Property Law | Date: | Hits: 64
Sudangshu Jaladash and others Vs. Shahabuddin and others, 2000, 29 CLC (AD)
.... Court Division has not committed any wrong which may call for our interference. The petitions are dismissed. Ed. This Case is also Reported in: 52 DLR (AD) (2000) 119. ...... cancel the lease of the petitioners of Writ Petition No. 4598 of 1997 without assigning any reason whatsoever. He has specifically drawn our attention to clause 25 of the said Annexure which is a deed of lease. It appears that in this Clause it has been mentioned that the lease may be cancelled..Category: Property Law | Date: | Hits: 71
Secretary, Ministry of Finance Vs. Md. Masdar Hossain and others, 1999, 28 CLC (AD)
....235 is exclusive in nature, comprehensive in extent and effective in operation. It comprehends a wide variety of matters. Among others, it includes disciplinary jurisdiction, suspension from service, transfer, promotion, premature or compulsory retirement, etc. But control apart, the terms and condi......ndence for effective and meaningful discharge of its constitutional functions. For the above reasons, I concur with the judgment. Ed. This Case is also Reported in: 52 DLR (AD) (2000) 82. ..Category: Constitutional Law | Date: | Hits: 829
Jihad Ahmed and others Vs. Bangladesh Power Development Board and others, 2000, 29 CLC (AD)
....Development Board (Employees) Service Rules, 1982, Rule 14 The Constitution of Bangladesh, 1972 Articles 27 & 29 For public interest and for effective maintenance of service discipline transfer order can be passed as provided in the Service Rules of the PDB. An employee cannot raise ...... accepted. 8. Consequently, both the points of Sheikh Razzaque Ali failed. The petition is dismissed. Ed. This Case is also Reported in: 52 DLR (AD) (2000) 75. ..Category: Employment/Service Law | Date: | Hits: 90
Moslem Uddin (Md) Vs. State and another, 2000, 29 CLC (AD)
....nbsp; May 26, 1999. The Code of Criminal Procedure, 1898 (V of 1898), Section 526 Order of transfer of a case ex parte without any notice to the parties or without calling for a report of th......t of the Sessions Judge. In the circumstances, the petition is grudgingly disposed of with the observations as above. Ed. This Case is also Reported in: 52 DLR (AD) (2000) 50. ..Category: Criminal Law | Date: | Hits: 59
Abul Qayum Khan and others Vs. Md. Abu Yousuf Mridha and others, 2000, 29 CLC (AD)
....g that the suit was not bad for non-joinder of party. 5. The object of the President’s Order, as stated in the preamble and also in its substantive, provisions, is to prevent certain transfer of immovable property in derogation of some legislative enactments. Keeping the same in vi......g to the plaintiffs, their predecessor, Abu Sadat Mridha took a loan of Taka 2,5000.00 from Jamir Hossain, predecessor of defendant Nos. 1-8 and conveyed the suit lands to him by a registered sale deed dated 6 May 1959. On the same day a separate agreement was executed and registered by Jamir H..Category: Property Law | Date: | Hits: 47
Momtaz Begum & others Vs. Md. Masud Khan, 2000, 29 CLC (AD)
.... the handwriting experts. 7. We therefore do not find any ground for interference. The petition is dismissed. Ed. This Case is also Reported in: 52 DLR (AD) (2000) 46. ......la, prayer for cancellation of the same is not necessary. The plaintiff getting a decree of declaration of title and also declaration that the kabala is illegal and fraudulent, cancellation of the deed is not necessary. Lawyers Involved: Md. Fazlul Karim, Senior Advocate, in..Category: Property Law | Date: | Hits: 59
Bangladesh Vs. East West Property Development Private Ltd. & others, 2000, 29 CLC (AD)
....otice dated 24-5-97 in the writ petition. 5. The petitioner as respondent contended in its affidavit-in-opposition that since no permission was taken from the Court of Wards the successive transfer of the suit property ultimately to the writ petitioner was illegal. 6. The High .......75 acres of land. The petition is dismissed with the above observations. Ed. This Case is also Reported in: 52 DLR (AD) (2000) 43. ..Category: Constitutional Law | Date: | Hits: 164
Sanaullah Khan (Md) Vs. Safura Khatun and others, 2000, 29 CLC (AD)
....ntract for sale. An Assistant Judge of Dhaka decreed the suit against the defendant. The defendant preferred Title Appeal No. 198 of 1993 therefrom. The First Subordinate Judge heard the matter on transfer. By judgment and order dated 8 July 1996, he allowed the appeal with a cost of Taka 1000.0......as not obtained on this ground. For all these reasons the appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: 52 DLR (AD) (2000) 39. ..Category: Property Law | Date: | Hits: 59
Shafiuddin Chowdhury (Md) Vs. Md. Abdul Karim and others, 2000, 29 CLC (AD)
....gh Court Division affirmed the judgment of the lower appellate Court. 6. In Leave Petition Nos. 36-38 of 1995 the main question was, whether the pre-emptor is still a co-sharer in the land transferred. 7. In our Original Judgment it was held that a decree no doubt finally determi...... co-sharer of the land. 3. The pre-emptee contested the cases stating that respondent Nos. 2-4 got saham in Partition Suit No. 36 of 1975 and they sold the same by the disputed three sale deeds and thereafter the pre-emptee got his name mutated and also spent a substantial amount of mon..Category: Property Law | Date: | Hits: 57
Hazera Khatun Vs. Dr. Md. Enayetullah, 2000, 29 CLC (AD)
....Dhaka, for ejectment of the petitioner from the suit premises. The petitioner also filed Title Suit No. 79 of 1984 for specific performance of contract against the respondent in the said Court. On transfer to the Court of Subordinate Judge, 5th Court, Dhaka those were renumbered as Title Suit No...... discharged also on that ground correctly by the High Court Division. On the above grounds we dismiss this petition. Ed. This Case is also Reported in: 52 DLR (AD) (2000) 33. ..Category: Property Law | Date: | Hits: 87
University of Dhaka and another Vs. Professor AK Monwaruddin Ahmed, 2000, 29 CLC (AD)
....iz., (1) “Ka’ Unit for Science and Biological Science, (2) “Kha” Unit for Arts and Social Sciences, (3) “Ga” Unit for Commerce and (4) “Gha” Unit for transfer from one branch of study to another. The Deans of the Faculties are the Chairmen of the A......he decision sought to be appealed from does not suffer from any infirmity of law. The petition is dismissed. Ed. This Case is also Reported in: 52 DLR (AD) (2000) 17. ..Category: Constitutional Law | Date: | Hits: 201
Abdur Rahman (Md) Vs. Md. Iqbal Ahmed and others, 1997, 26 CLC (AD)
....ant No. 8 to execute and register on behalf of defendant Nos. 1-7 a kabala in favour of the plaintiff. The decree-holder then put the d into execution in Title Execution No. 94 of 1967 which was on transfer to the court of Assistant Judge, Chunarughat renumbered as Title Execution Case No. 5 of ......e benefits of the decree obtained after protracted litigation. The petition is, therefore, dismissed. Ed. This case is also reported in: 49 DLR (AD) (1997) 142 ..Category: Property Law | Date: | Hits: 84
Abdur Rouf (Md) Vs. Abdul Hamid and others, 1997, 26 CLC (AD)
....ice defendant No. 2 in collusion with defendant No. 1 handed over vacant possession of the shop to defendant No. 1, in violation of the terms and conditions of agreement dated 9-10-1981. The said transfer of possession by defendant No. 2 in favour of defendant No. 1 being illegal, unauthorised ......tted any illegality in affirming the decision of the trial Court. The petition is dismissed. Ed. This Case is also Reported in: 1 MLR (AD) 1996, 423, 49 DLR (AD) (1997) 133 ..Category: Property Law | Date: | Hits: 61
Sirajul Islam Chowdhury and others Vs. Md. Jainal Abedin & ors., 1997, 26 CLC (AD)
....age. The defendant- appellants are directed to pay the said amount within one month. There will be no order as to costs. Ed. This case is also reported in: 49 DLR (AD) (1997) 164 ......ence of such evidence, he submits, the mere entry of MV Arcadia into Bangladesh does not prove loss of business and profit in respect Of this ship. 23. Having considered that apart from the deed of agreement of sale of MV Arcadia (Ext. 9) the plaintiff has led no evidence that she could n..Category: Admiralty Law or Maritime Law | Date: | Hits: 213
Government of Bangladesh Vs. Ashraf Ali @ Ashraf Ali and another, 1997, 26 CLC (AD)
.... those of the Court of Settlement are restored. Accordingly, the appeal is allowed without any order as to costs. Ed. This case is also reported in: 49 DLR (AD) (1997) 161 ......is that, the disputed building originally belonged to one Md. Yahiya who had acquired it by way of perpetual lease granted by the erstwhile Government of East Pakistan on 10-8-62 under a registered deed of lease. Md. Yahiya possessed the disputed building and then died in 1970 leaving son Md. Na..Category: Property Law | Date: | Hits: 89
Shamsuddin Ahmed Chowdhury Vs. State and another, 1997, 26 CLC (AD)
....ourt Division did not commit any illegality in discharging the Rule. The appeal is dismissed. Ed. This Case is also Reported in: 2 MLR (AD) 1997, 119, 49 DLR (AD) (1997) 159 ......was liable to be quashed under the law. 5. The learned Judges of the High Court Division discharged the Rule holding that in the FIR it has been stated that the accused persons create forged deed in respect of the informant’s land l collusion with each other by false personation the ..Category: Criminal Law | Date: | Hits: 72
Chairman, Chittagong Port Authority & another Vs. Ministry of Defence and others, 1997, 26 CLC (AD)
....ants would pay to the first plaintiff. Ministry of Defence a sum of US. $ 2.4 million (US $ 24,00,000) in full and final settlement of the plaintiffs’ claim, that the payment would be made by transfer into a certain specified account of Bangladesh Bank, whereupon Bangladesh Bank would furn......s No. 5, 6 & 7 and all other concerned authorities are directed to give effect to this order immediately.” Ed. This case is also reported in: 49 DLR (AD) (1997) 152 ..Category: Admiralty Law or Maritime Law | Date: | Hits: 184
Jalaluddin alias Faruque and ors. Vs. Ehsanuddin and others, 1996, 25 CLC (AD)
.... of Order XLVII Rule I of the Code of Civil Procedure. We do not find any substance in this petition. It is, therefore, dismissed. Ed. This case is also reported in: 49 DLR (AD) (1997) 116 ...... of Order XLVII Rule I of the Code of Civil Procedure. We do not find any substance in this petition. It is, therefore, dismissed. Ed. This case is also reported in: 49 DLR (AD) (1997) 116 ..Category: Property Law | Date: | Hits: 63
AKM Azizul Islam and another Vs. State, 1997, 26 CLC (AD)
....r Rouf J: The District Education Officer, Rajbari, on 16-3-89 wrote to the Officer-in-Charge, Pangsha Police Station, against eight persons, alleging, inter alia, that they by fabricating certain transfer orders got themselves appointed as Assistant Teachers in different Government Primary Scho...... Cr. P. C. Thus the impugned judgment does not call for any interference. The petition is, therefore, dismissed. Ed. This case is also reported in: 49 DLR (AD) (1997) 115 ..Category: Criminal Law | Date: | Hits: 87
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