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Md. Chan Miah Vs. Md. Dabirul Islam Khan @ Muku Miah & Others, 2009, 38 CLC (AD)

....ibazar. 4. The aforesaid miscellaneous case arises out of application filed under section 96 of the State Acquisition and Tenancy Act in the Court of Subordinate Judge, 2nd Court, Moulvibazar, registered as Miscellaneous Case No. 2 of 2001, which on transfer has been registered as pre-emptio....... 47 of 2002. Thus we do not find any merit in the application. Accordingly, the application for leave to appeal is dismissed. Ed. This Case is also Reported in: 15 MLR (AD) (2010) 26....... Misc. Case no. 47 of 2002. Thus we do not find any merit in the application. Accordingly, the application for leave to appeal is dismissed. Ed. This Case is also Reported in: 15 MLR (AD) (2010) 26...

Category: Property Law | Date: | Hits: 63

Nurul Islam and others Vs. Lal Miah & another, 2004, 33 CLC (AD)

....i on 11.06.1960. Matang Moyee also sold her other auction purchased land to one Nagendra Chandra Bir who died leaving behind only son Harendra Bir who transferred his share to plaintiff No. 2 through registered exchange deed dated 15.10.1974. While said Abdul Gafur Munshi was in possession of the su......ent of the material on record and we find no cogent reason to interfere with the same. Accordingly, this petition is dismissed. Ed. This Case is also Reported in: 15 MLR (AD) (2010) 17. ......correct assessment of the material on record and we find no cogent reason to interfere with the same. Accordingly, this petition is dismissed. Ed. This Case is also Reported in: 15 MLR (AD) (2010) 17. ..

Category: Property Law | Date: | Hits: 34

Mohiuddin Khan and another Vs. Shihamul Haque being dead his heirs Hasina @ Ila Begum and others, 2009, 38 CLC (AD)

....nge their lands including suit land of the above mouza Chandana with the land of Shamsul Hoque, Enamul Hoque and Tahera Sogra Begum at Bardwan and then a deed of agreement was duly executed which was registered on 30.10.1963 and pursuant to the above agreement the parties handed over the possession ......e for declaration that the settlement deed described in schedule 'B' is not binding on the plaintiffs. This Case is also Reported in: 15 MLR (AD) (2010) 1; VII (ADC) (2010) 113; 7 LG (AD) 2010, 5. ......Vs. Parvathi Ammal and another, AIR 1945 Madras 454; Order of the Holy Cross Vs. Lonnappan Thattil and another, AIR 1990 Kerala 215; Altaf Hossain and others Vs. Abdul Aziz Beoari and others, 47 DLR (AD) 106. Lawyers Involved: Mahmudul Islam, Senior Advocate (Probir Neogi, Advocate with him) i..

Category: Property Law | Date: | Hits: 43

State Vs. Mirza Abbas, 2009, 38 CLC (AD)

....pecial Powers Act read with rule 19 (Neo) of the Emergency Power Rules, 2007. 5. Thereafter, the case record was trans­mitted to the Metropolitan Special Tribunal No.1, Dhaka for trial and it was registered as Special Tribunal Case No. 544 of 2007. The said Tribunal by order dated 18.7.2007 took......there­fore no valid reason to interfere with the impugned judgment. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: 7 LG (AD) (2010) 76; 15 MLR (AD) (2010) 141.  ......the informant to lodge the FIR. There is there­fore no valid reason to interfere with the impugned judgment. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: 7 LG (AD) (2010) 76; 15 MLR (AD) (2010) 141.  ..

Category: Fiscal/Taxation Law | Date: | Hits: 75

Fazle Elahi Sharfuzzaman Vs. Surujit Bose (Raju) and others, 2009, 38 CLC (AD)

....ng the application for vacating the order of stay. 2. The facts of the case, in short, are that the property in C.S. Plot No.65 is the Debattar property created by Roy Bahadur Karuna Das Bose by a registered deed of Arpannama dated 01.05.1914 wherejn the ancestors of the petitioner have given the......the above, we find in sub­stance on the submissions of the learned Advocate for the petitioner. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 1009....... 7. In view of the above, we find in sub­stance on the submissions of the learned Advocate for the petitioner. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 1009...

Category: Tenancy Law | Date: | Hits: 214

A. Hakim Gazi and others Vs. Gazi Safiqul Islam and others, 2009, 38 CLC (AD)

....leaving behind two daughters, Amena and Baru Bibi and one son Mansur Gazi. The aforesaid Bari, Tara Gazi, Amena, Baru and Mansur settled the suit land along with other lands with Erfan Biswas by a registered patta dated 6.9.1940. Erfan Biswas enjoyed the usufructs of the land for one year and so......ved at a correct decision. We therefore fined on reason to interfere with the same. The petition is accordingly dismissed. Ed. This Case is also Reported in: VI ADC (2009)1006. ......ls on record arrived at a correct decision. We therefore fined on reason to interfere with the same. The petition is accordingly dismissed. Ed. This Case is also Reported in: VI ADC (2009)1006. ..

Category: Property Law | Date: | Hits: 138

Md. Enamul Huq and others Vs. Bijoy Chandra Khasnabish and others, 2008, 37 CLC (AD)

....aid land on 05.07.1970 with the plaintiff at a consideration of Tk. 75,000/- out of which Tk. 50,000/- was paid by him as earnest money. It was stip­ulated that the sale deed would be execut­ed and registered in favour of the plaintiff within 3(three) years after receiving income-tax clearance cer......refore find no reason to interfere with the same. The petition is accordingly dismissed upon condonation of delay. Ed. This Case is also Reported in: VI ADC (2009)1003, 16 MLR (AD) (2011) 454.......d arrived at a correct decision. We therefore find no reason to interfere with the same. The petition is accordingly dismissed upon condonation of delay. Ed. This Case is also Reported in: VI ADC (2009)1003, 16 MLR (AD) (2011) 454...

Category: Limitation Law | Date: | Hits: 255

Rada Rani Nath and another Vs. Niranajan Dutta and others, 2009, 38 CLC (AD)

....ssession acquiring title and possession thereof and during the last survey, the suit land was wrongly recorded in the name of the father of defendant Nos. 1 and 2 and that their father by executing registered deed of muktipatra dated 16.10.1997 disowned his claim of wrong record relating to suit......no sub­stance in the submissions of the learned Advocate for the petitioner. Accordingly, the petitions are dismissed. Ed. This Case is also Reported in: VI ADC (2009) 996. ......e above, we find no sub­stance in the submissions of the learned Advocate for the petitioner. Accordingly, the petitions are dismissed. Ed. This Case is also Reported in: VI ADC (2009) 996. ..

Category: Property Law | Date: | Hits: 132

Azam Khan Vs. Ataur Rahman and others, 2009, 38 CLC (AD)

....possessors, and enjoy­ing usufructs therefrom paying rents and taxes regularly to the Government. The defendant No.2 subsequently sold a por­tion of land to defendant No.1, a Londoner, by a registered sale deed and taking advantage of such registered sale deed, the defendant No.1 started ......ffers from no illegality and calls for no interference. Accordingly, the application for leave to appeal is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 991. ......gh Court Division suffers from no illegality and calls for no interference. Accordingly, the application for leave to appeal is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 991. ..

Category: Property Law | Date: | Hits: 158

Majeda Khatun and others Vs. Jiban Nessa and others, 2009, 38 CLC (AD)

....ith Torab Ali in his house. Torab Ali, during his life time, sold .36 acres of land, out of suit plot No.1661 with a “Chouchala” tin hut thereon to defendant No.1 Khairunnessa and Mohammad Mia by registered Kabala dated 19-10-1955 and delivered possession to them. During S.A. operation this .36 ......al court as well as the appellate court below are hereby restored. The appeal is accordingly allowed without any order as to costs. Ed. This Case is also Reported in:62 DLR (AD) (2010) 239. ...... can however be made to facilitate a party to fill up the lacuna in his case.............................................(13) Cases Referred to- Probodh Ranjan Shome Vs. Md. Easin, 4 BSCR (AD) 457; Sukumar Sen Vs. Gouranga Dey, 42 DLR (AD) 18. Lawyers Involved: A.J. Mohammad Al..

Category: Procedural Law | Date: | Hits: 105

Ujjal Rani Banik and others Vs. Sree Krishna Chandra Banik and others, 2008, 37 CLC (AD)

....leaving behind two sons namely, Rawsraj Banik and Ashwani Kumar Banik and each of them inherited 0.17 acre of land out of said 0.34 of land; thereafter, Ashwani Kumar Banik sold 0.8 acre of land by registered deed dated 06.06.1957 and by another registered deed dated 05.06.1957 soldO.9 acre of la......ubmissions of the learned Advocate for the petitioner deserve no consideration. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: 17 BLT (AD) (2009) 303. ......the above, the submissions of the learned Advocate for the petitioner deserve no consideration. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: 17 BLT (AD) (2009) 303. ..

Category: Property Law | Date: | Hits: 99

Md. Rafique and another Vs. Md. Musa and others, 2007, 36 CLC (AD)

.... instituted Other Class Suit No.14 of 1981 in the Court of learned Assistant Judge, 1st Court, Patiya, Chittagong against the petitioners and pro forma respondent Nos. 4-9 for declaration that two registered deeds of gift Nos. 1002 dated 02.02.1971 and 5371 dated 29.04.1978 in favour of the defe...... substance in the submissions of the learned Counsel for the petitioner. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: 17 BLT (AD) (2009) 228. ......the above, we find no substance in the submissions of the learned Counsel for the petitioner. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: 17 BLT (AD) (2009) 228. ..

Category: Property Law | Date: | Hits: 92

Joynul Karim & others Vs. State, 2009, 38 CLC (AD)

....inal Procedure for quashment of the proceeding of C.R. Case No. 359 of 2002 under section 138 of the Negotiable Instrument Act, 1881 pending before the Chief Metropolitan Magistrate, Dhaka, which was registered as Miscellaneous Case No. 7287 of 2005. 4. The C.R. Case No. 359 of 2002 arises out of......No. 2 by letter dated 28.02.2001 confirmed payment of outstanding bill amount within 6(six) months from date, which the accused persons failed to comply with, but on 14.6.2001 the accused No.1 gave a postdated cheque dated 28.08.2001 in favour of the complainant petitioner towards payment of the out...... The State and another……………….Respondents Judgment March 22, 2009. Result: The petition is dismissed. Case Referred To- Ali Akkas Vs. Enayet Hossain and others, 17 BLD (AD) 44. Lawyers Involved: Ajmalul Hossain QC, Senior Advocates, instructed by Mvi. Md. Wahidul..

Category: Criminal Law | Date: | Hits: 163

Sakat Ali Gazi and others Vs. Mr. Abdur Razzaque and others, 2009, 38 CLC (AD)

....d possession to defendants. Defendant No.18 established a Rice Mill in the plot and Khadem and Barik were possessing the respective share and Jongal sold a portion of the land to Sabirannessa by a registered deed dated 26.11.1953 and delivered possession in her favour and also some land to the d......l. 9. Therefore, we find no substance in these leave-petitions and accordingly both the petitions are hereby dismissed. Ed. This Case is also Reported in: 17 BLT (AD) (2009) 219. ......re of Jongal Moral. 9. Therefore, we find no substance in these leave-petitions and accordingly both the petitions are hereby dismissed. Ed. This Case is also Reported in: 17 BLT (AD) (2009) 219. ..

Category: Property Law | Date: | Hits: 90

Chairman, Mymensingh Pourashava, Mymensingh Vs. Kasimonnessa Bewa and others, 2009, 38 CLC (AD)

....t and decree dated 05.05.1993 and 18-05-1993 respectively. 3. Defendant-petitioner No. 54 as petitioner filed an application under Order 9 rule 13 of the Code of the Code of Civil Procedure registered  Miscellaneous  Case  No. 123 of 1993 on 04.08.1993 against the said jud...... deposing as P.W.2 admitted the same. It was also stated in the application filed under Order 9 Rule 13 of the Code by the petitioner that office peon of the Pourashava is appointed only to receive postal documents and summons on behalf of the Pourashava. Evidence shows he received the same on 1......ed the submissions of the learned Advocate for the petition but find no substance. The leave-petition is accordingly dismissed having no merit. Ed. This Case is also Reported in: 17 BLT (AD) (2009) 206. ..

Category: Procedural Law | Date: | Hits: 143

National University and others Vs. Begum Sultana Razia, 2009, 38 CLC (AD)

....esent case and in accordance in the fact. In the result, this appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: 17 BLT (AD) (2009) 190, VIII ADC (2011) 307.......e respondent had served for nearly 13 years as a teacher in different Private Colleges and Madrasa. In early 2004, in response to an advertisement made by the National University, she applied for the post of Deputy registrar and was appointed on 17.10.2004 on ad-hoc basis.    In the appointment l......he facts and circumstances of the present case and in accordance in the fact. In the result, this appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: 17 BLT (AD) (2009) 190, VIII ADC (2011) 307...

Category: Employment/Service Law | Date: | Hits: 118

Country Director, World Bank Vs. Ismat Zerin Khan, 2009, 38 CLC (AD)

.... at a correct decision. We, therefore, find no reason to interfere with the same. The petition in accordingly dismissed. Ed. This case is also Reported in: 18 BLT (AD) (2010) 1. ......claration that the non-confirmation of her appointment and termination of her employment by the defendant No. 2 is illegal and not binding upon her and that she is entitled to reinstatement to her post. Subsequently the plaint was amended to include a prayer for mandatory injunction directing th...... record arrived at a correct decision. We, therefore, find no reason to interfere with the same. The petition in accordingly dismissed. Ed. This case is also Reported in: 18 BLT (AD) (2010) 1. ..

Category: Employment/Service Law | Date: | Hits: 104

Abdur Rahman Chowdhury Vs. Mst. Nurjahan Chowdhury and others, 2001, 30 CLC (AD)

....sp; 3. The defendants contested the suit denying the averments of the plaint asserting that Abdul Hakim Chowdhury during his life time transferred the suit property to defendant Nos.1-3 by registered deed of Wasiatnama dated 1.11.1962 within the knowledge of plaintiff and defendant No.10......e delay. Security of Tk.1000/- is to be deposited within one month. Preparation of paper book is dispensed with as prayed for. Ed. This Case is also Reported in: ......e delay. Security of Tk.1000/- is to be deposited within one month. Preparation of paper book is dispensed with as prayed for. Ed. This Case is also Reported in: ..

Category: Property Law | Date: | Hits: 97

State Vs. Chandan Ali and others, 2009, 38 CLC (AD)

....sed by the learned Deputy Attorney General for the peti­tioner have got no substance. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 988. ......investigation, vis­ited the place of occurrence, prepared sketch map with separate index thereof, prepared inquest report of the dead body of the deceased and sent it to the morgue for holding postmortem examination, seized alamats by preparing seizure list, examined the witnesses and record......at the points raised by the learned Deputy Attorney General for the peti­tioner have got no substance. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 988. ..

Category: Criminal Law | Date: | Hits: 68

Sonali Bank, Sadarghat Corporate Branch, Dhaka Vs. Mrs. Hazera Islam and others, 2009, 38 CLC (AD)

....e not exhaustive. In this case after the certificate issued under Section 33(5) of the Ain the decree-holder has already sold the suit property in favour of the respon­dent No.8, Md. Rafique by registered sale deed and therefore there is no scope to interfere with the bonafide purchase for va......­ingly the appeal is allowed and the judgment and order of the High Court Division are set aside without any order as to cost. Ed. This Case is also Reported in: VI ADC (2009) 975. ......ppeal and accord­ingly the appeal is allowed and the judgment and order of the High Court Division are set aside without any order as to cost. Ed. This Case is also Reported in: VI ADC (2009) 975. ..

Category: Property Law | Date: | Hits: 106