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Md. F. Rahman Vs. Chairman, 1st Court of Settlement, BD Abandoned Buildings & anr, 2007, 36 CLC (AD)
....November 17,1980 and said Nazma Begum after lapse of 4 years from the date of her purchase sold the property in question to the petitioner herein by the registered deed dated June 10, 1984 and handed over possession, It is the case of the petitioner that he got his name mutated and paid rent......r 17,1980 and said Nazma Begum after lapse of 4 years from the date of her purchase sold the property in question to the petitioner herein by the registered deed dated June 10, 1984 and handed over possession, It is the case of the petitioner that he got his name mutated and paid rent, that......1979. We have already mentioned about the relevancy of the burial certificate as an evidence in determining the question of whereabouts of Asgar Ali after the emergence of Bangladesh as well as to management of the property in question by Asgar Ali or fey Akbar Ali till the date of transfer made..Category: Property Law | Date: | Hits: 21
AQM Shah Alam Chowdhury Vs. Bangladesh and ors., 2007, 36 CLC (AD)
....valuation has not been shown, the Court may evaluate its price on the basis of report of the local Sub-Registrar and pass; decree-deducting such an amount as claimed in the suit but in the suit in hand the provisions of sub-section (6) of section 12 of Ain 2003 are not applicable as the instant ......act cannot be decided in the writ jurisdiction and that the bank prayed for decree for an amount of Taka 2,23,80,407.74 due as on 30-9-99 along with pendentilite and post-decretal interest and moreover, no appeal having been filed against the judgment and decree dated 1-6-2003 within 30 days by ......f any kind calling for interference by this Division. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: 13 BLC (AD) (2008) 122; V ADC (2008) 198. ..Category: Civil Law | Date: | Hits: 103
Kamrul Islam Vs. State, 2008, 37 CLC (AD)
....very of arms in question as well as the place of occurrence have not been proved in as much as had been disproved. He lastly submits that the sentence so passed against the petitioner is too harsh hand accordingly he contends that the impugned order deserves scrutiny by this Court. ......y who reported their names on his asking as (1) Golum Dastagir Khan alias Romel, (2) Kamrul Islam alias Juwel and (3) Shahi. On search a country made pipe gun with a cartridge, two gold Bangles recovered from Kamrul Islam Juwel and two gold ear rings and Tk.130.00 from Gulam Dastagir Alias Romel......Act in place of 14 (fourteen years and 10(ten) years respectively with an order to run both the sentences concurrently. Ed. This Case is also Reported in: 16 BLT (AD) (2008) 218. ..Category: Criminal Law | Date: | Hits: 37
Government of Bangladesh Vs. Ershad Ali Moral and others, 2005, 34 CLC (AD)
...."The dakhilas Ext. 1 series found to have been made old by artificial means and the close scrutiny of the same clearly indicates that the same were written in one sitting by an in-experienced hand .........The Ext.1 series in no way inspire confidence about its age as shown thereto&qu......eported in: 16 BLT (AD) (2008) 202. ......cussions made hereinabove we are of the view the appeal has merit. Accordingly the appeal is allowed with costs. Ed. This Case is also Reported in: 16 BLT (AD) (2008) 202. ..Category: Property Law | Date: | Hits: 24
Mohammad Nurul Huda Vs. Iqbal Anwar and others, 2005, 34 CLC (AD)
....ition No.3419 of 2001 was filed by one Iqbal Anwar impugning the letter dated July 17, 2000 written by the ministry of Home Affairs directing the Police Commissioner, Metropolitan Police, Dhaka to handover possession of the building in Plot No. C.W.N. (B3), Road No.115, holding No.124, Gulshan A......n No.3419 of 2001 was filed by one Iqbal Anwar impugning the letter dated July 17, 2000 written by the ministry of Home Affairs directing the Police Commissioner, Metropolitan Police, Dhaka to handover possession of the building in Plot No. C.W.N. (B3), Road No.115, holding No.124, Gulshan Avenu...... Court keep in mind provision of Article 112 of the Constitution. Accordingly the review petition is dismissed. Ed. This Case is also Reported in: 16 BLT (AD) (2008) 130. ..Category: Property Law | Date: | Hits: 28
Abdul Mannan Vs. Lal Miah Haji & others, 2005, 34 CLC (AD)
....ushan Debnath. The plaintiffs' case is that he got the suit land by purchase from Haribhushan Debnath by three registered kabalas dated 06.04.1974 and 11.04.1974. The defendants' case, on the other hand, is that they got the suit land by purchase from the same Haribhusan Debnath by kabala dated ......t be relied upon and believed not be relied upon and believed. 12. The High Court Division set aside the findings of the trial court and the appellate court with the observations "Moreover, the courts below have come to an erroneous finding as to the possession of the suit land in f......ion reversed the concurrent findings of the courts below. The appeal is thus allowed without any order as to cost. Ed. This Case is also Reported in: 16 BLT (AD) (2008) 68. ..Category: Property Law | Date: | Hits: 25
Mohammad Ullah Vs. Sessions Judge, Noakhali, 2005, 34 CLC (AD)
.... play in the matter of transfer of the case." 4. The appellant thereafter obtained the leave to consider the submission of the learned Counsel for the appellant that: "Mr. Khandker Mahbubuddin Ahmed, learned Advocate appearing on behalf of the petitioner submits that this......ty and why direction should not be made for quashing the proceedings against the appellant in the aforesaid G.R. Case No.1 of 1983 stating, inter alia, that the appellant joined service under the Government as Typist in 1967 and later on become Stenographer, in Noakhali Judgeship in December, 19...... in Miscellaneous Case No. 353 of 1996 for fresh trial of G.R. Case No. 1 of 1983 is hereby quashed to secure ends of justice. Ed. This Case is also Reported in: (XVI) BLT (AD) 34. ..Category: Constitutional Law | Date: | Hits: 109
Mrs. Saju Hossain & Others Vs. Government of the People's Republic of Bangladesh, 2004, 33 CLC (AD)
....t acquire any right title and interest therein; 1.54 acre of viti land of the above mentioned Plot No. 24 originally belonged to Ramlochan Randa, the C.S. recorded tenant, and during S. A. Operation Chandra. Sarker and his wife Mrinalini Sarker and since they left for India long before 1965 without ...... Md. Tafazzul Islam J Mrs. Saju Hosein..............Appellant (In Civil Appeal No. 129 of 2001) Mrs. Rani Begum and others.........Appellants (In Civil Appeal No. 130 of 2001) Vs. The Government of the People's Republic of Bangladesh and another.......... Respondents (In both the Appe......ced in the impugned judgment at its end the following statement was made. In view of the above circumstances the property left by Mr. Jogesh Chandra Sarker and Mrinalini Sarker may be brought under management and control of the V.P. organization evicting the unauthorized occupier. 12. So on the..Category: Property Law | Date: | Hits: 40
Kataruddin and others Vs. Md. Nurul Huque and others, 2006, 35 CLC (AD)
.................Petitioners Vs. Md. Nurul Huque and others………….......Respondents Judgment July 2, 2006. Lawyers Involved: Bivash Chandra Biswas, Advocate-on-Record-For the Petitioners. Md. Nawab Ali, Advocate-on-Record-For......t No. 5 of 2001 by the learned Assistant Judge, Nilfamari, decreeing the suit. 2. The respondents, as plaintiffs, instituted the above suit under section 9 of the Specific Relief Act for recovery of the khas possession of the suit land on evicting the defendant petitioners therefrom ......firmity in the decision of the High Court Division and accordingly no interference is called for. The petition is dismissed. Ed. This Case is also Reported in: V ADC (2008) 585. ..Category: Property Law | Date: | Hits: 23
Md. Fazlul Haque Vs. Md. Hossain Ali Sarker and others, 2008, 37 CLC (AD)
.... disputed land is out and out illegal. 3. However ultimately the learned Magistrate, 1st Class has realized this factual aspect and dropped the proceeding on 3.5.1995 asking the receiver to hand over the property in favour of the opposite party along with the sale proceed so far collected......Revision No.3 of 1994 affirming the judgment and order dated 03-05-1992 passed by the Magistrate, 1st Class, Cognizing Court No.1 Pabna dropping the proceeding and directing the receiver for making over possession of the land in question to the petitioner and also paying the sale proceeds since ......hat the points raised by the learned Advocate for the petitioner have got no substance. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: V ADC (2008) 531. ..Category: Property Law | Date: | Hits: 21
Padma Bibi Vs. Headmaster & Secretary, Moheshkhali High School & others, 2006, 35 CLC (AD)
.... and also permanent injunction in respect of the suit land contending, inter alia, that the suit land originally belonged to Monsur Ali, father of the plaintiffs who was raiyat under Khirode Chandra Roy, the superior landlord; Monsur Ali while owning and possessing the suit land got his dau......houses thereon and that there is no materials on record to show that during the lifetime of Mansur Ali his possession in the suit was disturbed by the landlord; that by way of continued possession over the statutory period the plaintiffs acquired right title and interest in the suit land; in Ext......ion and there is no cogent ground to interfere with the decision of the High Court Division. The petition is dismissed. Ed. This Case is also Reported in: V ADC (2008) 511. ..Category: Property Law | Date: | Hits: 29
Government of Bangladesh Vs. Dhaka Memon Anjuman, 2007, 36 CLC (AD)
....against the judgment and order dated 27.04.2006 passed by the High Court Division in Writ Petition No. 8891 of 2005 making the Rule absolute releasing the house bearing Holding No. 6 and 6A, Anada Chandra Roy Road on S.A. Plot No. 2858 of mouza Dhaka, present mouza namely Lalbagh, 12177, 12178 and......13 MLR (AD) (2008) 349, 20 BLT (AD) (2012) 7.......ubstance in the submissions of the learned Advocate for the petitioner. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: 13 MLR (AD) (2008) 349, 20 BLT (AD) (2012) 7...Category: Property Law | Date: | Hits: 33
Golam Rabbani Vs. Chairman, Court of Settlement and others, 2008, 37 CLC (AD)
.... the Court of Settlement and deposed as a witness and denied the agreement for sale with the writ petitioner. 9. Thus it is clear that the writ petitioner went before the Court with unclean hands and committed gigantic fraud upon the Court. From Annexure-'B1’ to the writ petition (......nd others, 53 DLR (AD) 55; Lalima Begum and another Vs. Chairman, Court of Settlement, 1st Court, Dhaka and another, 49 DLR (HCD) 325; CQMH Md. Ayub Ali Vs. Bangladesh and others, 47 DLR (AD) 71; Government of Bangladesh Vs. Md. Jalil and others, 49 DLR (AD) 26; Hazerullah and another Vs. Chairm......d at a correct decision. The appeal is dismissed with cost of Tk. 10,000/- Ed. This Case is also Reported in: 13 MLR (AD) (2008) 345; 61 DLR (AD) (2009) 15; 29 BLD (AD) 2009, 1. ..Category: Civil Law | Date: | Hits: 119
M/S. Uttara Steel Corporation Ltd & anr Vs. Learned Judge, Artha Rin Adalat & ors, 2007, 36 CLC (AD)
....ecame sick for various reasons such as shortage of raw materials and disturbance of supply of electricity which became main obstructacle for commercial production on the said industry. On the other hand, the respondent bank started calculating the interest on the basis of compound interest altho......ercial production on the said industry. On the other hand, the respondent bank started calculating the interest on the basis of compound interest although the loan is a loan of simple interest. Moreover, the respondent bank illegally adjusted the entire repaid amount in the interest component alt...... of the learned Advocate for the petitioner deserves no consideration. The petition, accordingly, is dismissed. Ed. This Case is also Reported in: 13 MLR (AD) (2008) 266. ..Category: Civil Law | Date: | Hits: 89
BADC and another Vs. Md. Shamsul Haque Mazumder and 27 others, 2008, 37 CLC (AD)
....R (SC) 41; Central Inland Water Transport Corporation Ltd Vs. Brojo Nath Ganguly AIR 1986 (SC) 1571; Delhi Transport Corporation Vs. DTC Mazdoor Congress AIR 1991 (SC) 101. Lawyers Involved: Khandaker Mahbubuddin Ahmed, Senior Advocate, Fida M Kamal, Senior Advocate [MA Samad and Ruhul Quddu......f a notice in advance for a period of three months or payment of salary for three months to the concerned employee. In the instant case, not even the minimum requirement of law was complied with. Moreover, the service of the petitioners was terminated in a lump in four office orders. This kind of te......, the respondents are employees of BADC, a statutory corporation and the respondents being employees of State instrumentality are not governed by the general principle of master and servant and the management cannot have unrestricted and unqualified power of terminating the services of the emplo..Category: Employment/Service Law | Date: | Hits: 105
Bangladesh Vs. Iqbal Hasan Mahmood Tuku, 2008, 37 CLC (AD)
....ces under the Ordinance has not been subjected to the initiation of the proceedings under sections 83, 93 and 128 of the Ordinance after reopening the closed assessment. 16. On the other hand, the contention raised by the learned Attorney-General that the writ petition filed by the re......mad Fazlul Karim J MM Ruhul Amin J Md. Tafazzul Islam J Md. Joynul Abedin J Md. Hassan Ameen J Md. Abdul Matin J Government of the People's Republic of Bangladesh and others………………Appellants Vs......ore maintainable. In view of the foregoing discussions the appeal is allowed without any order as to costs. Ed. This Case is also Reported in: 60 DLR (AD) (2008) 147. ..Category: Fiscal/Taxation Law | Date: | Hits: 97
Government of Bangladesh Vs. Md. Ayub Ali and another, 2007, 36 CLC (AD)
....n to the Ministry of Forest on August 9, 1990 to return the suit land to them but received no response. The plaintiffs thereafter represented to the Deputy Commissioner, Dinajpur on 04-01-1992 for handing over the management of the Mango garden to them but did not have the desired result. The pl....... ...... a declaration that the suit land measuring 4.75 acres of land is comprised of a mango garden having 74 mango trees standing thereon is not a forest land and as such the vesting of control and management thereof in the Forest Department are illegal and inoperative and not binding on the pla..Category: Property Law | Date: | Hits: 23
Towfiqul Islam & ors Vs. S.M. Mohiuddin, Officer-in-charge, Motijheel, Dhaka & ors 2007, 36 CLC (AD)
....e¨e¯’v MÖn‡bi Rb¨ I wm gwZwSj _vbv‡K ejv nBj|Ó 8. Accordingly as per order dated 28.12.1997 the officer-in-charge, Motijheel Police Station handed over the possession of the 3rd 4th and 5th floor and part of roof of the 6th floor of holdin......003 rejecting the petition of the petitioners. 2. Short fact is that the mother of the petitioners, Monowara Islam, purchased the land of holding No.58/A, Purana Paltan, Dhaka from the government vide registered deed No.1659 dated 6.4.1990 and was possessing the same by mutating ......in law. There is therefore no cogent reason for considering the prayer for review. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: V ADC (2008) 434. ..Category: Criminal Law | Date: | Hits: 32
Md. Ekabbar Hajra and others Vs. Salamat Hajra, 2007, 36 CLC (AD)
....our witnesses were examined on behalf of the contesting defendant Nos.15 to 20. One witness was however examined on behalf of the non-contesting defendants. 7. The learned Assistant Judge, Chandpur by judgment and decree dated 27.08.1991 decreed the suit. The defendant Nos.15 to 19 prefer......p; and that S.A. Khatian Nos.165, 95 and 36 in respect of the suit land with other lands were correctly prepared in the name of the plaintiffs and the plaintiffs paid rent to the Government regularly and that the defendant No. 1 and the defendant Nos.2 to 12 or their father......w of the discussion made above, we do not find any substance in this petition. The petition is accordingly dismissed. Ed. This Case is also Reported in: V ADC (2008) 430. ..Category: Property Law | Date: | Hits: 19
Anwarul Azim and others Vs. Fatema Khatoon and others, 2006, 35 CLC (AD)
....ound of the discussions made hereinabove we find no merit in the petition. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: 12 BLC (AD) (2007) 96. ......ound of the discussions made hereinabove we find no merit in the petition. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: 12 BLC (AD) (2007) 96. ......roperty of Saleh, that after the death of Munshi, Saleh looked after the minor son and daughters of Munshi, that Saleh had no issue and he reared the children of Munshi, that he entrusted the management of the property to the defendant No.1 and that immediately after the death of Saleh defe..Category: Property Law | Date: | Hits: 37
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