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Humayun Kabir Khan Vs. Md. Nurul Haque & others, 2006, 35 CLC (AD)

.... the pre-emptor is a co-shar­er in the disputed holding. It is undisputed that the kabala sought to be pre-empted was exe­cuted and presented for registration on 30.06.1980 and the same was registered according to the Provisions of section 60 of the Registration Act, that is, copied in th......of the view that the High Court Division erred in law in not assessing the evidence properly and thereby discharging the Rule. The appeal is accordingly allowed without costs. Ed. ......of the view that the High Court Division erred in law in not assessing the evidence properly and thereby discharging the Rule. The appeal is accordingly allowed without costs. Ed. ..

Category: Property Law | Date: | Hits: 31

Arif A. Shekha and others Vs. Secretary, Ministry of Indus­tries and another, 2007, 36 CLC (AD)

....7. It appears that from the very beginning, even on 20-1-1972, the Writ petitioners have been filing representation to the concerned Ministry of Industry for release of the concern as the company was registered in Bangladesh having its manager, executive and share-holders present in Bangladesh. Simi......do not find any reason to interfere with the impugned judgment and hence the three appeals are dismissed without any order as to cost. Ed. This Case is also Reported in: 19 BLT (AD) (2011) 91. ...... Result: The appeals are dismissed. Cases Referred to- Messrs Helal Jute Press Limited Vs. Government of Bangladesh, 27 DLR 551; Government of Bangladesh Vs. Mirza Shahab Ispahani, 40 DLR (AD) 116; Government of Bangladesh vs. Messrs ATJ Industries Limited and others, 28 DLR (AD) 120. ..

Category: Business or Commercial Law | Date: | Hits: 114

Jashimuddin Kanchan (Md) Vs. Md. Ali Ashraf, 1990, 19 CLC (AD)

....y right by voluntary abandonment of the suit land. 2. Appellant (Jashimuddin Kanchan) and re­spondent (Ali Ashraf) both purchassed the same land at about the same time from two rival owners under registered kabalas and thereby entered into the litiga­tion. The land in question measures .05 acre......ts and decrees of the High Court Divi­sion are set aside and those of the lower appellate Court are restored. No order as to cost. Ed. This case is also reported in: 42 DLR (AD) (1990) 289 ......ra Saha filed a rent suit as appears from the papers Ext. 5 series. These papers show that Ram Prosad Muchi, the original Ijaradar was in possession of the land upto 1345 BS. corresponding to 1938-39 AD. Ap­pellant challenged Ext. 5 series as fabricated docu­ments but did not produce any evidence ..

Category: Property Law | Date: | Hits: 38

Upendra Chandra Rishi and ors. Vs. Sufia Begum and ors., 1990, 19 CLC (AD)

.... satisfactory. On 14.7.80 the learned Subordinate Judge found service of notice of ad-interim injunction to be not satisfac­tory. He passed orders for issuance of summons upon the appellants through registered post. It is not clear why the learned Subordinate Judge did not pass orders for fresh ser...... No. 589 of 1980. Order nos. 4-7 read as follows: "4. 12.7.80. Summons served. Plaintiff files hazira. Service report appears to be not satisfactory. Issue summons upon the defendants through regd post. To 24.7.80 for requisites. Sd./- ZH Md. Daud. 5. 14.7.80 Plaintiff files a petition pray...... costs. The ex parte decree dated 1.12.80 passed in Title Suit No. 789 of 1980 is set aside and the said suit is restored to its file and number. Ed. This case is also reported in: 42 DLR (AD) (1990) 285; 1990 BLD (AD) 194. ..

Category: Procedural Law | Date: | Hits: 116

Rowshan Ara Begum Vs. Secretary, Ministry of Works and Urban Development, BD, 2006, 35 CLC (AD)

....haka on July 14, 1973. In the affidavit it was stated that Sahera Khatun gifted the property in presence of Amanullah Munsif, Abdul Hashim and Md. Riazuddin, that Anwari Khatun on October 22, 1979 by registered deed transferred the property in question to the petitioner before the Court of Settle­m......in question since said property is an abandoned property. The ground contending which review of our judgment is sought merits no consideration. Accordingly the review petition is dismissed. Ed. ...... Works and Urban Development, Government of Bangladesh and others......Respondents Judgment: December 12, 2006. Case Referred To- Ministry of Works and others vs Helaluddin Ahmed, 4 MLR (AD) 140. Lawyers Involved: Dr. Rafiqur Rahman, Senior Advocate, instructed by Serajur Rahman, ..

Category: Property Law | Date: | Hits: 37

Muinuddin Zulfiquer (Md) Vs. Government of the Republic of Ban­gladesh, 2006, 35 CLC (AD)

....e of the judgment for review. 8. In the background of the discussions made hereinabove we find no merit in the review petition. Accordingly, the petition is dismissed. Ed. ......nuary 23, 1986) of the Department of Shipping (Engineer and Ship Surveyor of Inland Ships) Recruitment Rules, 1980 and the Memo. No. E-1(1)/Part-6/3224 dated 27-3-2001 giving current charge of the post of Chief Engineer and Ship Surveyor, Department of Shipping to the respondent No. 5. 3.......e of the judgment for review. 8. In the background of the discussions made hereinabove we find no merit in the review petition. Accordingly, the petition is dismissed. Ed. ..

Category: Employment/Service Law | Date: | Hits: 76

Abu Taher Chowdhury & others Vs. State, 1990, 19 CLC (AD)

....e Chowdhury @ Kala Mia and (5) Akhtarul Haque Chowdhury be set at liberty forthwith, if not wanted in connection with any other case. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 253. ......rosecution examined 18 witnesses, tendered 2 witnesses and the defence examined 3 wit­nesses. 55. Of the 20 witnesses examined by the pros­ecution PW1 is the informant. PW 2 Dr Hasanuzzaman held post-mortem examination on the dead body of Zafar Ahmed Chowdhury. He stated that he found one cut t......(4) Serajul Haque Chowdhury @ Kala Mia and (5) Akhtarul Haque Chowdhury be set at liberty forthwith, if not wanted in connection with any other case. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 253. ..

Category: Criminal Law | Date: | Hits: 74

Syed Abdul Haque and other Vs. Surendra Nath Majumder & others, 2007, 36 CLC (AD)

....udge (now Joint District Judge), Jhalakathi in Title Suit No. 93 of 1985 decreeing the same and thereupon declaring title of the plaintiff and further declaring the kabalas (in all 4) executed and registered on May 24, 1984 by Sukhada Sundari and others in favour of defendant Nos. 2 and 3 are il......sion has not committed any error in making the Rule absolute and thereupon setting aside the judgment of the appellate Court. Accordingly, the appeal is dismissed with costs. Ed. ......;                       August 7, 2006. Cases Referred to- 35 DLR (AD) 216; 56 DLR (AD) 53; 25 DLR (SC) 90; 10 DLR (PC) 1; 43 DLR 18; 39 DLR (AD) 237;  48 DLR (A..

Category: Property Law | Date: | Hits: 52

Bangladesh Vs. Md. Shahabuddin and others, 2007, 36 CLC (AD)

....hat while the process for releasing the property from the list of vested property was going on plaintiff No.1 transferred 2/3rd portion of the property in suit to the proforma-defendant No. 14 by the registered deed of exchange dated September 13, 1983 and the said defendant mutated his name and pai......d Advocate-on-Record failed to point out any error in the judgment of the High Court Division of the kind calling for interference by this Division. Accordingly, the petition is dismissed. Ed. ......d Advocate-on-Record failed to point out any error in the judgment of the High Court Division of the kind calling for interference by this Division. Accordingly, the petition is dismissed. Ed. ..

Category: Tenancy Law | Date: | Hits: 156

AA Raziul Karim Chowdhury Vs. Nasim Bin Rahman & ors., 2007, 36 CLC (AD)

....of 1996 averring that in terms of the compromise decree defendants, i.e. respondent Nos. 1 and 2, upon paying balance of the consideration money within the stipulated time failed to get the kabala registered and, consequent thereupon, the compro­mise decree having become infructuous the defe......iled the suit to get back the possession. In the light of the discussions made hereinabove we find merit in the appeal. Accordingly, the appeal is allowed with costs. Ed. ......ugh his LRs. Kachru and others vs Mira Abdul Gaffar and another, AIR 1996 (SC) 910 = (1996) 1 Supreme Court Cases (639); Alauddin Khan and another vs. Md. Hafizullah Bhuiyan and others, 1981 BCR (AD) 207; Secretary, Ministry of Works and others vs Kazi Ashrafuddin Ahmed, 55 DLR (AD) 16; Mir Ab..

Category: Property Law | Date: | Hits: 94

Bazlur Rahman Sarker Vs. Kamala Kanta Barman, 2007, 36 CLC (AD)

.... Chandra the vendor of the plaintiff having got the settlement from the landlord by Dakhila possessed the land in suit since 1350 BS and thereafter transferred the land in suit to the plaintiff by registered kabala dated February 27, 1970 and the plaintiff being in possession since 1350 BS got h......n the instant case. In the background of the discussions made hereinabove we find no merit in the appeal. Accordingly, the appeal is dismissed with costs at all stages. Ed. ......o. 1 was quite legal. The High Court Division while making the Rule absolute observed "Unless the plaintiff proves his title to the suit land he is not permitted to challenge the order of the ADC (Rev) Rangpur. The lower appellate Court has not reversed the finding of the trial Court that t..

Category: Property Law | Date: | Hits: 35

Baitul Mukarram Vs. Taxation Officer and another, 1978, 7 CLC (AD)

....rs 1964-65 to 1968-69 under section 3 of the Urban Immovable Property Tax Act, 1957 (hereinafter referred to as the Act). 2. The appellant is a Society for charitable and religious purposes registered under the Societies Registration Act 1960. The aim and objects of the Society are to est......g a different meaning which the legislature did not intend thereby. We find no substance in the contention of Mr. Sobhan. The appeal is dismissed without any order as to costs. Ed. ......g a different meaning which the legislature did not intend thereby. We find no substance in the contention of Mr. Sobhan. The appeal is dismissed without any order as to costs. Ed. ..

Category: Fiscal/Taxation Law | Date: | Hits: 90

Solicitor repre­sented by State, Govt of of Bangladesh Vs. Anisuzzaman Chy & or, 2006, 35 CLC (AD)

....said observations are required to be expunged. 7. Mr. Farooq Ahmed, the learned Advocate papering for the respondent Nos. 1 and 2, on the other hand, contended that the respon­dent is a registered  Private  Limited Company of Bangladesh and is an export oriented industry and...... High Court Division do not suffer from any illegality for our interference. Accordingly, we find no cogent ground for granting leave. This petition is dis­missed. Ed. ...... High Court Division do not suffer from any illegality for our interference. Accordingly, we find no cogent ground for granting leave. This petition is dis­missed. Ed. ..

Category: Criminal Law | Date: | Hits: 88

Dock Workers Management Board Vs. Muhammad Ismail and others, 2005, 34 CLC (AD)

....yed for. Operation of the impugned judgment and Order dated 01.03.2005 passed by the High Court Division in Writ petition No.890 of 2003 be stayed till disposal of the appeal. Ed. ......st the judgment and order dated 01.03.2005 passed by the High Court Division in Writ Petition No. 890 of 2003 making the rule absolute and directing the petitioner (writ respondent) to upgrade the post of the respondent Nos.1 to 3 (writ petitioners) with fixation of grade-V of National Pay scale......yed for. Operation of the impugned judgment and Order dated 01.03.2005 passed by the High Court Division in Writ petition No.890 of 2003 be stayed till disposal of the appeal. Ed. ..

Category: Employment/Service Law | Date: | Hits: 88

Abdur Rob Mollah Vs. Shahabuddin Ahmed and others, 2006, 35 CLC (AD)

.... was Respondent No.2 in the   Miscellaneous Appeal either by the process server or by reg­istered post. The learned Additional District Judge was of the view since the summons sent by registered post was returned by the postal peon with the endorsement 'refused' in respect of two o......barred by limitation and that summons was not duly served on the appellant herein who was Respondent No.2 in the   Miscellaneous Appeal either by the process server or by reg­istered post. The learned Additional District Judge was of the view since the summons sent by registered p...... evidence. In the background of the discussions made hereinabove we find no merit in the appeal. Accordingly the appeal is dismissed with­out any order as to costs. Ed. ..

Category: Trust/Waqf Law | Date: | Hits: 266

Musammat Sokhina Khatun Vs. Mosammat Rowshanara Begum and others, 2006, 35 CLC (AD)

....e property in her favour and accordingly she agreed to transfer .08 acres of land by will in favour of the defendant respon­dent No.1 and pursuant thereto the plaintiff petitioner executed and registered a deed of will on 16.02.1994 and that the defendant respondent No.1 was however not put ......ame to a correct decision in making the rule absolute. We do not find any reason to interfere. In view of the discussion made above the leave petition stands dismissed. Ed. ......ame to a correct decision in making the rule absolute. We do not find any reason to interfere. In view of the discussion made above the leave petition stands dismissed. Ed. ..

Category: Property Law | Date: | Hits: 37

State Vs. Ali Ahmed and other, 2005, 34 CLC (AD)

....good train was shunting at the Singia rail­way Station, resulting in casualties of death and causing injuries to a number of persons and the matter being thus informed a First Information Report was registered on the basis of which Khulna GRPS Case No. 2 of 1997 was started under Section 304A of th......on is justified to acquit them of the charge. On perusal of the judgment of the High Court Division we do not find any error. The petition is dismissed. Ed. This Case is also Reported in: ......on is justified to acquit them of the charge. On perusal of the judgment of the High Court Division we do not find any error. The petition is dismissed. Ed. This Case is also Reported in: ..

Category: Criminal Law | Date: | Hits: 43

Bangladesh Biman Corporation Vs. Lt. Col. (Rtd.) Md. Zainul Abedin and ors, 2000, 29 CLC (AD)

....ood whether a writ of mandamus could be issued on the facts and in the circumstances of the case. We accordingly allow all the appeals with­out, however, any order as to costs. Ed. ......y the Joint Secretary, Ministry of Civil Aviation and Tourism (Annexure-L) as illegal and without lawful authority with a further direction to the appellants to reinstate the writ petitioner in his post with all back wages and benefits within 60 days of the receipt of the copy of the judg­men......ood whether a writ of mandamus could be issued on the facts and in the circumstances of the case. We accordingly allow all the appeals with­out, however, any order as to costs. Ed. ..

Category: Employment/Service Law | Date: | Hits: 103

Jobeda Bewa & others Vs. Md. Abdur Razzaque, 2006, 35 CLC (AD)

....shy;session of the land gifted to him by deed of gift by Laibot Ali Pramanik. 10. It is the settled principle of law that noth­ing short of a decree of a competent civil court can undo a registered document. If such type of cancellation of a registered instrument is allowed to continue......ision. There is no cogent reason to interfere with the same. The appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: 12 MLR (AD) 2007, 16. ......on upon correct decision. There is no cogent reason to interfere with the same. The appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: 12 MLR (AD) 2007, 16. ..

Category: Property Law | Date: | Hits: 33

Md. Baker Miah and others Vs. Shamsun Nahar Begum, 2006, 35 CLC (AD)

....anner whatsoever and without prove of fact of death of Awlad Hossain after the death of her mother Zeon Bibi, that defendants pro­duced the original document of title from their custody namely registered deed dated 8.2.1950 and 6.9.1950 which are being docu­ment of over 30 years the High......ssession in the land in suit. In the background of the aforesaid discus­sions we find no merit in the appeal. Accordingly the appeal is dismissed with­out costs. Ed. ......ssession in the land in suit. In the background of the aforesaid discus­sions we find no merit in the appeal. Accordingly the appeal is dismissed with­out costs. Ed. ..

Category: Property Law | Date: | Hits: 25