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Abdul Huque and others Vs. State, 2007, 36 CLC (AD)

....prayer of the prosecution issued warrant against all the accuseds and then on different dates the accuseds obtained bail and then the case was sent to the Senior Metropolitan Special Judge, Dhaka who registered it as Metro Special Case No. 81 of 2000 and then the above accuseds including the petitio......n the decision of the High Court Division so as to call for interference. All these petitions are dismissed. Ed. This Case is also Reported in: 16 BLT (AD) (2008) 63; 60 DLR (AD)(2008) 1. ......ous cases are quite premature and, therefore, the High Court Division cannot interfere with such cases at this stage……….(5) Cases Referred To- Bangladesh vs. Tan Khong Hock 31 DLR (AD) 69; Syed Mohammad Hashem alias Hashim vs. State 48 DLR (AD) 87; N. Mahmud vs. N. Ahmed, 36 DLR(A..

Category: Anti-Corruption Laws | Date: | Hits: 152

Bangladesh Vs. Md. Yakub Mia and another, 2005, 34 CLC (AD)

....lock-F Joint Quarter, Mohammadpur, Dhaka in the "Ka" list of the abandoned building, was upheld. In the writ petition it was stated, inter alia, that the above building was allotted to Md. Shafi by a registered lease deed dated 19.4.62; while in peaceful possession of the building Md. Shafi, on 08.0......r dated 23.11.1999 passed by the High Court Division in Writ Petition No. 2060 of 1993 is set aside. There is no order as to costs. Ed. This Case is also Reported in: 2008 (XVI) BLT (AD) 60. ...... and order dated 23.11.1999 passed by the High Court Division in Writ Petition No. 2060 of 1993 is set aside. There is no order as to costs. Ed. This Case is also Reported in: 2008 (XVI) BLT (AD) 60. ..

Category: Property Law | Date: | Hits: 28

Mohammad Ullah Vs. Sessions Judge, Noakhali, 2005, 34 CLC (AD)

....Noakhali Judgeship in December, 1975. The dead body of Ziauddin Mahmud alias Firoj, son of respondent No.3 missing since 29.12.1982, was discovered on 1.1.1983, whereupon U.D. Case No.1 of 1983 was registered with Sudharam Police Station. Appellant was arrested in connection with the said case o...... appellant who was suspended from service by order dated 6.7.1983 and dismissed by order dated 17.4.1988, was reinstated under order of the Government dated 30.3.1995 and the petitioner joined his post on 17.4.1995 and was paid all arrear remuneration and allowances admissible under the rules. W......having office at Maijdi Court, Noakhali and others ............Respondents Judgment November 22, 2005. Cases Referred to- State Vs. Golam Mostafa and others, 49 DLR (AD) 32; Yousuf Ali Mollah Vs. King, AIR 1949 PC 264, 1911, 1 K.B. 964; Gopinath Ghosh V. State, 32 ..

Category: Constitutional Law | Date: | Hits: 109

Muhammad Ismail Vs. Md. Rafiqul Islam and others, 2007, 36 CLC (AD)

....took cognizance of the case under section 302 of the Penal Code and eventually transmitted the case records to the Court of the Metropolitan Sessions Judge for disposal. 4. The case was thereafter registered and numbered as S.T. Case No.381 of 1999 by the Metropolitan Sessions Judge and was event...... with the said S.T. Case No. 381 of 1999 from the stage at which it was stayed by the High Court Division. The appeal is therefore allowed. Ed. This Case is also Reported in: 16 BLT (AD) 24. ......nts Judgment March 7, 2007. Result: The appeal is allowed. Cases Referred to- Badsha Mia and others Vs. The State, 10 DLR (1958) 412; S.A. Sultan Vs. The State and another, 14 BLD (AD) (1994) 36; Shamim Vs. The State and another, 17 DLR (SC)(1965) 626; Md. Zillur Rahim Vs. Nazmul ..

Category: Criminal Law | Date: | Hits: 105

Mrs. Saju Hossain & Others Vs. Government of the People's Republic of Bangladesh, 2004, 33 CLC (AD)

....copy of the order dated 29.7.1999 and then only a copy of the same was supplied to Mr. Hossain. In Writ Petition No. 3029 of 1999 the writ petitioners more or less stated similar facts except that by registered Deeds of Sale Nos. 7770, 7552, 7553, 7771 and 9607 dated 26.10.1995, 3.9.1981, 3.9.1981, ......all stages. The respondents are directed to comply the court's order within 4(four) months from receipt of the judgment Ed. This Case is also Reported in: II ADC (2005) 506; 16 BLT (AD)(2008)5. ...... Result: The appeals are allowed. Cases Referred to: Nittya Gopal Roy Barman vs. Pran Gopal Nandi and others 32 DLR 11; Lazmi Kanta Roy vs. Upazila Nirbahi Officer and another 46 DLR 136; ADC (Revenue), Dhaka Vs. Md. Mostafa Ali Mridha and others, 48 DLR 193; Artoti Rani Paul Vs. Sudarsh..

Category: Property Law | Date: | Hits: 40

Shamsur Nessa and another Vs. Md. Shajahan Ali and others, 2002, 31 CLC (AD)

....ing Khagendra and Daman as two sons Dasabir Chandra also died. Thereafter, Gonesh Chandra, Khangendra and Daman sold half of the suit plot, com­prising an area of 1.83 acres to plaintiffs by a registered kabala dated 25-04-1969. On the same day one Erfan Ali also pur­chased by another ka......sion. As a result, we find no substance in the appeal. Accordingly, the appeal is dismissed with­out any order as to costs. Ed. This Case is also Reported in: V ADC (2008) 614. ...... the High Court Division. As a result, we find no substance in the appeal. Accordingly, the appeal is dismissed with­out any order as to costs. Ed. This Case is also Reported in: V ADC (2008) 614. ..

Category: Property Law | Date: | Hits: 21

Kazi Naimul Huq and others Vs. Md. Abdus Sattar Bhuiyan and others, 2006, 35 CLC (AD)

....17 and 18 in the above appeal stating that they purchased .23-acres of land of Plot No.1014 and .29 acres of land from Plot No. 1016 from Sharat Chandra Barai and Satish Chandra Barai through four registered deeds of sale out of which three were registered on 20.8.1979 and the remaining one on 2...... consequently High Court Division was not in error in dis­charging the Rule. Accordingly the petition is dismissed. Ed. This Case is also Reported in: V ADC (2008) 605. ......them as parties and consequently High Court Division was not in error in dis­charging the Rule. Accordingly the petition is dismissed. Ed. This Case is also Reported in: V ADC (2008) 605. ..

Category: Property Law | Date: | Hits: 24

Md. Abdul Malek and another Vs. Md. Sanowar Hossain and others, 2008, 37 CLC (AD)

....ing and possessing the suit land by way of bainapatra dated 06-12-1995 within the knowl­edge of the preemptor, the pre-emptees erected houses in the suit land and got the sale deed executed and registered on 20-11-1998 and owning and possessing the same opening separate holding for the same....... that the submissions of the learned Advocate for the petitioner have got no merit and accordingly, the same is dis­missed. Ed. This Case is also Reported in: V ADC (2008) 603. ...... reasons to believe that the submissions of the learned Advocate for the petitioner have got no merit and accordingly, the same is dis­missed. Ed. This Case is also Reported in: V ADC (2008) 603. ..

Category: Property Law | Date: | Hits: 26

Kataruddin and others Vs. Md. Nurul Huque and others, 2006, 35 CLC (AD)

.... petitioners therefrom stating that Bondi Ram Methor, was the owner of 21 decimals of land in Khatian No.30 (old) and out of the same he trans­ferred 8 decimals of land to one Paresh Chandra by registered kabala dated 30.3.1963 and on the same date Bondi Ram also transferred 8 decimals if lan......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. ...... illegality or infirmity 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

Abdul Zakir Khondakar and others Vs. Bimal Kumar Kunda and others, 2007, 36 CLC (AD)

....al, paid Tk.2,66,500/- and then he tendering the balance amount requested the petitions and the respondent No.3 to execute and register the sale deed but only the respon­dent No.3 executed and registered a sale deed in respect of his portion of the suit property and the petitioners refused. ......t out any infirmity of the kind calling for any interference by this Division. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: V ADC (2008) 583. ...... could also not point out any infirmity of the kind calling for any interference by this Division. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: V ADC (2008) 583. ..

Category: Property Law | Date: | Hits: 26

Secretary, Rahmat-E-Alam Islam Mission & Etim Khana Vs. Md. Shafiqul Huq, 2006, 35 CLC (AD)

.... 1977 on 06.05.1980 declaring that the suit land is not vested and non-resident property and it was their purchased land from Rathindra Nath Basak who was the adopted son of Debendra Nath Basak by registered kabala dated 21.07.1977. The Deputy Commissioner, Dhaka was impleaded as a party in the ......ion. There is no cogent reason to interfere with the impugned judgment. Both the civil petitions accordingly are dismissed. Ed. This Case is also Reported in: V ADC (2008) 569. ......in & others......... Respondents (In both the cases) Judgment August 31, 2006. Case Referred to- Munsur Ali Mallik Vs. Md. Nurul Haque Mallik and others, BCR 1986 (AD) 56. Lawyers Involved: Fazlul Haque, Advocate instructed by Md. Aftab Hossain, Ad..

Category: Property Law | Date: | Hits: 48

Murari Mohan Sarder and others Vs. Bangladesh, 2006, 35 CLC (AD)

.... the added defendants dated 02.08.1993. 12. It appears that in the aforesaid applica­tion they in detail narrated the basis of their claim in the suit property. They stated that through registered deeds of sale dated 16.03.1991 they purchased the suit proper­ty from the owners and...... In this view of the matter we do not find any substance in this petition The petition is accordingly dismissed. Ed. This Case is also Reported in: V ADC (2008) 522. ......ischarging the rule. In this view of the matter we do not find any substance in this petition The petition is accordingly dismissed. Ed. This Case is also Reported in: V ADC (2008) 522. ..

Category: Property Law | Date: | Hits: 24

Md. Badiuzzaman Vs. Parvin Akhter Jahan & another, 2006, 35 CLC (AD)

....endant therefrom alleging, inter alia, that one Major (retired) Habibur Rahman Miah got the suit property from Dhaka Cantonment of the then East Pakistan Circle for 99 years and necessary deed was registered as being No. 9945 of 1968 for an area of 1230 kathas and the plaintiff and one Begum Mah...... correct decision. There is no cogent reason to interfere with the same. Accordingly, the leave petition is dis­missed. Ed. This Case is also Reported in: V ADC (2008) 519. ......ecord arrived at a correct decision. There is no cogent reason to interfere with the same. Accordingly, the leave petition is dis­missed. Ed. This Case is also Reported in: V ADC (2008) 519. ..

Category: Property Law | Date: | Hits: 20

Sultan Ahmed & others Vs. Md. Munsur Ali & another, 2007, 36 CLC (AD)

....d 33 decimals of land to one Moniruddin who got his name mutated and paid rent to the Government. Moniruddin died leaving behind three sons and two daughters who transferred the suit land by way of registered exchange deed dated 25.12.1995 and handed over possession to plaintiffs who got their n......cord 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: 13 MLR (AD) (2008) 359. ...... materials or record 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: 13 MLR (AD) (2008) 359. ..

Category: Property Law | Date: | Hits: 30

Sk. Mohiuddin Vs. Joint District Judge and Artha Rin Adalat No. 3, Dhaka & ors, 2008, 37 CLC (AD)

.... an application under sections 33(5), 44 and 57 of the Artha Rin Adalat Ain, 2003 praying for stay of the auction sale of the mortgaged property by the decree-holder bank. The said application was registered as Miscellaneous Case No. 22 of 2007. By the impugned order No. 23 dated 19.8.2007 the l...... correct decision. We therefore find no reason to interfere with the same. The petition is accordingly dismissed. Ed. This Case is also Reported in: 13 MLR (AD) (2008) 356. ...... record arrived at a correct decision. We therefore find no reason to interfere with the same. The petition is accordingly dismissed. Ed. This Case is also Reported in: 13 MLR (AD) (2008) 356. ..

Category: Civil Law | Date: | Hits: 94

Government of Bangladesh Vs. Dhaka Memon Anjuman, 2007, 36 CLC (AD)

....rganization and run for charitable purposes including making provision for education and financial assistance to the poor. The writ-petitioner purchased the case land including buildings thereon by a registered deed dated 05.12.1962 from Kazi Paziruddin Ahmed and others who became owners of the case......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....... others..................Petitioners. Vs. Dhaka Memon Anjuman.............Respondent. Judgment November 18, 2007. Result: The petition is dismissed. Case Referred to- 32 DLR (AD) 70 and 186. Lawyers Involved: Nurul Islam Bhuiyan, Advocate-on-Record-For the Petitioners...

Category: Property Law | Date: | Hits: 33

Golam Rabbani Vs. Chairman, Court of Settlement and others, 2008, 37 CLC (AD)

....Corporation, entered into an agreement for sale on 28.1.1971 for a consideration of Tk. 60,000/- upon receipt of Tk. 40,000/- as advance and it was stipulated that the kabala would be executed and registered within 6 months on receipt of balance consideration money, but the said vendor did not c......llottee was not challenged by the writ petitioner during his cross-examination in the Court. Md. Muslim in his evidence further stated that he was in Pakistan defence service and during 1971 he was posted at Dhaka Cantonment and surrendered with Pak Army to the Joint Command of Liberation Forces...... Chairman, Court of Settlement and others.................Respondents Judgment July 8, 2008. Cases Referred to- Bangladesh Vs. Amela Khatoon and others, 53 DLR (AD) 55; Lalima Begum and another Vs. Chairman, Court of Settlement, 1st Court, Dhaka and another, ..

Category: Civil Law | Date: | Hits: 119

Most. Nurun Nahar Begum Vs. M. Abu Mohammad and others, 2007, 36 CLC (AD)

....; Rahman who died   leaving behind 2 sons, the pre-emptee No. 3 and 4 and 5 daughters, the pre-emptee Nos. 2,5-8 and a widow, the pre-emptee No.9. Admittedly, the pre-emptors by different registered kabala deeds have purchased 0.56 decimals of land out of the suit holding from pre-empte......of the learned Advocate for the petitioner. Accordingly, this petition is dismissed without any order as to cost. Ed. This Case is also Reported in: 13 MLR (AD) (2008) 287. ......e in the submissions of the learned Advocate for the petitioner. Accordingly, this petition is dismissed without any order as to cost. Ed. This Case is also Reported in: 13 MLR (AD) (2008) 287. ..

Category: Property Law | Date: | Hits: 33

Raisuddin Vs. Md. Abdul Munim Chowdhury & another, 2008, 37 CLC (AD)

.... property and other properties. Subsequently, Kota Ullah became tenant under the Government by operation of law and he sold 0.06 acre out of the Suit Plot No.1006 to one Abdul Mannan Chowdhury by a registered kabala dated 12.03.1967. Kota Ullah then sold 0.02 acre to the plaintiff by an unregist......sion upon correct assessment of the materials on record arrived at a correct decision. The petition is dismissed. Ed. This Case is also Reported in: 13 MLR (AD) (2008) 285. ......, the High Court Division upon correct assessment of the materials on record arrived at a correct decision. The petition is dismissed. Ed. This Case is also Reported in: 13 MLR (AD) (2008) 285. ..

Category: Property Law | Date: | Hits: 30

Md. Shahidullah Kawser Vs. Israt Zahan Popy & another, 2007, 36 CLC (AD)

....ion of complaint on 13.02.1996 before the Magistrate, 1st Class, Mymensingh against the accused-petitioner and four others alleging, inter alia, that she was married to the accused petitioner by a registered kabinnama on 27.01.1995 and they were living as husband and wife. Thereafter on 20.04.19......sion upon correct assessment of the materials on record arrived at a correct decision. The petition is dismissed. Ed. This Case is also Reported in: 13 MLR (AD) (2008) 278. ...... the High Court Division upon correct assessment of the materials on record arrived at a correct decision. The petition is dismissed. Ed. This Case is also Reported in: 13 MLR (AD) (2008) 278. ..

Category: Criminal Law | Date: | Hits: 31