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Md. Mohiuddin Mollah and others Vs. Government of Bangladesh and others, 2010, 39 CLC (AD)
....spectively. 3. Thereafter, Asgar Ali sold to Delwar Hossain for himself and as a guardian of his minor sons A.K.M. Rezwan Ali and Safayet Ali on 27.02.1979 by registered deed of sale and delivered possession of the same. Aforesaid, Delwar Hossain Patwary, thereafter, transferred to Dayum Khan on ......rties in C.S. Khatian No.26, C.S. Plot No. 164, S.A. Khatian No.153, S.A. Plot No.270 was originally belonged to Ali Baksha and his name has been recorded in C.S. Khatian for an area of 1.58 acres of land; that said Baksha alias Ali Miah died leaving son Abed Ali and three daughters namely Hazera Kh......ingly, the petition is dismissed. Ed. This Case is also Reported in: VIII ADC (2011) 138. ......red by the writ-respondents by L.A. Case No. 66 of 1957-58. It appears from their produced photocopies of title deeds which do not trace their title back to the original owner. Moreover, the disputed questions of title and facts are involved in this case which cannot be dealt with under the summary ..Category: Property Law | Date: | Hits: 59
Most. Aleya Begum and others Vs. Rahima Begum and others, 2010, 39 CLC (AD)
....it No.134 of 2000 in the 5th Court of learned Joint District-Judge, asserting that the suit property was allotted to one late Nazir Akter Begum vide Memo No. 2320 dated 14.08.1975 who got delivery of possession on 28.01.1976 and thereafter she died intestate on 20.11.1977 leaving behind her only son......r filed a written statement stating that the attorney holder Safiuddin Bhuiyan filed an application in the office of the defendant No.2, Assistant Commissioner of Settlement, for allotting the suit land in his name i.e. the attorney holder and accordingly a lease deed was executed on 11.10.1995 an......petition is accordingly dismissed. Ed. This Case is also Reported in: VIII ADC (2011) 134.......d the deposition, as annexed to the petition, and considered the submissions of the learned Advocate for the leave petitioner. The genuineness of the power of attorney and the sale agreement, being question of fact, having been concurrently decided by the courts below, we are not required to exam..Category: Property Law | Date: | Hits: 61
Abdul Malek Vs. Government of the Bangladesh, 2010, 39 CLC (AD)
....overnment in the above case but no compensation was paid to the recorded owners of the lands and the Government did not utilize the said lands and that the petitioner along with his co-sharers are in possession of the same. In the context of the matter he along with three others made the representat...... High Court Division seeking a direction upon he writ respondents to dispose of his representation made to the Minister-in-charge of the Ministry of Lands, Government of Bangladesh for release of the lands acquired in L.A. Case No. 9/52-53 on the averments, inter alia, that the lands in plot Nos. 32......missed. Ed. This Case is also Reported in: VIII ADC (2011) 130, 16 MLR (AD) (2011) 440. ......7 and that the compensation was duly paid to the owners of the lands. 4. The High Court Division upon hearing the parties by the impugned judgment discharged the rule observing that the lands in question have been vested in the Government under section 5(7) of the Act free from all encumbrances..Category: Property Law | Date: | Hits: 58
Daru Miah Vs. Sonaban and others, 1995, 24 CLC (HCD)
....hat, Abdur Rahman, the father of both the plaintiff and the defendant No.1, was the owner of 10.5 acres of land out of which he sold out 0.48 acre of land to others by registered kabalas and being in possession of the remaining land, hereinafter referred to as the suit properties died leaving behind......against the petitioner as defendants. 2. Facts relevant for the disposal of the Rule are that, Abdur Rahman, the father of both the plaintiff and the defendant No.1, was the owner of 10.5 acres of land out of which he sold out 0.48 acre of land to others by registered kabalas and being in possess......ment and decree is hereby vacated. Ed. This Case is also Reported in: 52 DLR (2000) 589....... alleged report of the hand-writing expert would have been accepted by the Court or had it been taken into consideration by the Court to come to a conclusion as to the genuineness of the signature in question, I would have found some substance in the argument of the learned Advocate. But as it appea..Category: Property Law | Date: | Hits: 89
Biplob Chandra Das and another Vs. Biren Chandra Das and others, 2000, 29 CLC (HCD)
.... in Title Suit No.96 of 1990 by the Assistant Judge, Shibchar, Madaripur, who dismissed the suit. 2. Admittedly Gouranga Chandra Das, the predecessor-in-interest of the defendants was the owner in possession of the suit. And which is situated within the homestead of the defendant petitioners as w......e defendant petitioners as well as the plaintiffs-opposite parties. It is also in the evidence that there was some dwelling huts of the defendants on the suit property comprising an area of 0.47 acre land. 3. It is the case of the plaintiffs that said Gouranga Chandra Das entered into an oral agr......med J Biplob Chandra Das and another….………..Petitioners Vs. Biren Chandra Das and others ………….Opposite Parties Judgment July 31, 2000. Cases Referred To- Moslemuddin (Md.) and others Vs. Md. Johab Ali and another, 50 DLR (AD) 13; HN Fabrics Ltd. Vs. Mallick Texti......o the plaintiff is also false. 6. Defendants pleaded that the suit property is their only homestead property and after death of their father, they have inherited the same and, as such, there is no question of transfer of the homestead property by their father. They also pleaded that the suit is b..Category: Property Law | Date: | Hits: 108
Abul Kalam Azad (Md.) and 2 others Vs. State and others, 2000, 29 CLC (HCD)
....ed under section 202 of the Criminal Procedure Code. The Enquiry Officer in his report stated the facts in detail and also clearly stated that the complainant on the basis of his purchase already got possession in the land. The learned Magistrate, however, framed charge against the accused persons u...... Dinajpur in Case No. 162C of 1994 should not be quashed. 2. It appears that the complainant filed a petition of complainant with an allegation that the accused petitioners though not owner of the land of plot No.348 of CS Khatian No.3 of mouza Narayanpur sold 0.15 decimals out of that plot to hi....... Communicate the order to the Magistrate concerned for hearing the matter at early date. Ed. This Case is also Reported in: 52 DLR (2000) 583. ...... of Thana Magistrate Chirirbandar are set aside. Communicate the order to the Magistrate concerned for hearing the matter at early date. Ed. This Case is also Reported in: 52 DLR (2000) 583. ..Category: Criminal Law | Date: | Hits: 67
Government of Bangladesh and others Vs. Sontosh Kumar Shaha and others, 2009, 38 CLC (AD)
.... Paper-Book is dispensed with as prayed for. The order of stay granted earlier by this Court is extended till disposal of the appeal. End. This Case is also Reported in: VIII ADC (2011) 127. ...... Paper-Book is dispensed with as prayed for. The order of stay granted earlier by this Court is extended till disposal of the appeal. End. This Case is also Reported in: VIII ADC (2011) 127. ......earlier by this Court is extended till disposal of the appeal. End. This Case is also Reported in: VIII ADC (2011) 127. ......ner. Besides, he submits, the petitioner was put under suspension and the disciplinary proceedings were initiated after due approval from the Chief Justice of Bangladesh on 27.07.2000, as such, the question of exonerating the petitioner does not arise before completion of the disciplinary procee..Category: Employment/Service Law | Date: | Hits: 73
KM Zakir Hossain Vs. Bangladesh Bank and others, 2000, 29 CLC (HCD)
....e respondent No.4. In view of the above, the Rule is discharged without any order as to costs. Stay order granted earlier is hereby vacated. Ed. This case is also Reported in: 52 DLR (2000) 577. ......e respondent No.4. In view of the above, the Rule is discharged without any order as to costs. Stay order granted earlier is hereby vacated. Ed. This case is also Reported in: 52 DLR (2000) 577. ......scharged without any order as to costs. Stay order granted earlier is hereby vacated. Ed. This case is also Reported in: 52 DLR (2000) 577. ......tracted in this particular case as it relates to personal loan and not to any company loan. 19. The respondents have also submitted that Circular No.7 is not a bar to reschedulement of any loan in question, as the respondent No.4 is not a defaulter. From the Bank report it appears that originally..Category: Business or Commercial Law | Date: | Hits: 208
Md. Mobarak Hossain Vs. Government of the People's Republic of Bangladesh, 2010, 39 CLC (AD)
....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: VII ADC (2010) 835. ......2007, the petitioner informed respondent No.4 that due to long delay in giving decision regarding various issue, such as advance payment for mobilization, dispute with RI-ID about bridge alignment, land acquisition problem and also block work and CC block work, the implementation of the project wa......rdingly, the petition is dismissed. Ed. This Case is also Reported in: VII ADC (2010) 835. ......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: VII ADC (2010) 835. ..Category: Others | Date: | Hits: 118
Badal Kanti Mitra Vs. Secretary, Ministry of Fisheries and Live Stock, 1980, 9 CLC (AD)
....ot no legal force. We do not find any illegality in the order of the High Court Division. In the result, the petition is dismissed. Ed. This Case is also Reported in: 18 BLT (AD) (2010) 265. ......ot no legal force. We do not find any illegality in the order of the High Court Division. In the result, the petition is dismissed. Ed. This Case is also Reported in: 18 BLT (AD) (2010) 265. ......, the petition is dismissed. Ed. This Case is also Reported in: 18 BLT (AD) (2010) 265. ......d- For the Petitioner Not Represented-the Respondents. Civil Petition for Leave to Appeal No.246 of 1980. Judgment Shahabuddin Ahmed J.- This petition for special leave to appeal calls in question an order of the High Court Division dated 28.5.80 in Writ Petition No.696 of 1978 refusing ..Category: Employment/Service Law | Date: | Hits: 126
Mainmunal Islam and others vs. The Collector of Customs and others, 2010, 39 CLC (AD)
....essed with customs duty and Vat on the basis of such S.R.O. We find no substance in these appeals which are accordingly dismissed. Ed. This Case is also Reported in: 15 MLR (AD) (2010) 227. ......essed with customs duty and Vat on the basis of such S.R.O. We find no substance in these appeals which are accordingly dismissed. Ed. This Case is also Reported in: 15 MLR (AD) (2010) 227. ......bstance in these appeals which are accordingly dismissed. Ed. This Case is also Reported in: 15 MLR (AD) (2010) 227. ......peared with the leave of the Court) appearing for the respondents and perused the petition and the impugned judgment and order of the High Court Division and other papers on record. 7. The precise questions in all the cases ( is whether the importer appellants are liable to be assessed with custo..Category: Fiscal/Taxation Law | Date: | Hits: 75
Delbar Sheikh and Bashiron Nessa Vs. Rahman Sheikh @ Md. A. Rahman and others, 2010, 39 CLC (AD)
....e said mouja were sold in auction in Money Execution Case No. 1417 of 1925 and Delbar Sheikh, the original plaintiff No.1 and one Asgar Sheikh purchased the said lands in auction and took delivery of possession through Court. The remaining 2/3rd portion of the said lands was purchased by Asgar Ali......ion on declaration of their title. Their case, in short, is that they are the successive heirs of Herajtullah, one of the original owners of C.S. Khatian Nos. 384/1614 under Chourhash mouja. Some lands of the said mouja were sold in auction in Money Execution Case No. 1417 of 1925 and Delbar She......Court in accordance with rules. Ed. This Order is also Reported in: VIII ADC (2011)124. ......- is to be deposited within 1(one) month. Petitioners are permitted to prepare the paper book out of Court in accordance with rules. Ed. This Order is also Reported in: VIII ADC (2011)124. ..Category: Property Law | Date: | Hits: 104
Awlad Ali Shiekh and others Vs. Bangladesh and others, 2010, 39 CLC (AD)
.... Leave to Appeal No.477 of 2007. 2. The petitioners instituted Title Suit No.151 of 1997 in the Court of the learned Assistant Judge, Gopalgonj, Sadar, for declaration of title and confirmation of possession in the suit property. The case of the plaintiffs, in short, is that the suit property m......istant Judge, Gopalgonj, Sadar, for declaration of title and confirmation of possession in the suit property. The case of the plaintiffs, in short, is that the suit property measuring 1.20 acres of land under R.S. Khatian No.1226 corresponding to S.A. Khatian No.1527 originally belonged to Kumud L...... dismissed. Ed. This Case is also Reported in: VII ADC (2011)121; 15 MLR (AD)(2010) 465. ......ing of the matter, we regret, we find no merit in the review petition. The petition is accordingly dismissed. Ed. This Case is also Reported in: VII ADC (2011)121; 15 MLR (AD)(2010) 465. ..Category: Property Law | Date: | Hits: 80
....ne Md. Moslemuddin instituted a suit being the Other Class Suit No.251 of 1978 in the Court of First Subordinate Judge, Mymensingh, on 02.08.1978, alleging therein that they acquired right, title and possession in the suit land by taking pattan of the same from the Moharaja of Muktagacha with a furt......ituted a suit being the Other Class Suit No.251 of 1978 in the Court of First Subordinate Judge, Mymensingh, on 02.08.1978, alleging therein that they acquired right, title and possession in the suit land by taking pattan of the same from the Moharaja of Muktagacha with a further prayer for directio......substance and it is dismissed with the aforesaid observation.
Ed.
This Case is also Reported in: VIII ADC (2011) 114.
......nings.
Under such circumstances, this petition for Review has got no substance and it is dismissed with the aforesaid observation.
Ed.
This Case is also Reported in: VIII ADC (2011) 114.
..
Category: Limitation Law | Date: | Hits: 165
Shah Ahmed Vs. Muhammad Abdullah and others, 2010, 39 CLC (AD)
.... Miscellaneous Case No.173 of 1986 and that the learned Additional District Judge will be at liberty to dispose of the said case on merit. Ed. This Case is also Reported in: VIII ADC (2011)106. ...... Miscellaneous Case No.173 of 1986 and that the learned Additional District Judge will be at liberty to dispose of the said case on merit. Ed. This Case is also Reported in: VIII ADC (2011)106. ...... dispose of the said case on merit. Ed. This Case is also Reported in: VIII ADC (2011)106. ......rder of the learned Additional District Judge passed in Miscellaneous Case No.173 of 1986. In the judgment the learned Single Judge of the High Court Division made observations that the property in question shall continue as Waqf property, against which, the petitioners filed C.P. No. 60 of 2008 b..Category: Trust/Waqf Law | Date: | Hits: 171
Ayesha Khatun & others Vs. Rabindra Chandra Saha and others, 2006, 35 CLC (HCD)
....a Chandra Saha and others as plaintiffs filed Other Class Suit No. 212 of 1993 in the Court of Subordinate Judge for declaration of Title in respect of "Ka" scheduled land, for the recovery of "khas" possession after evicting the defendant No. 1 Ayesha Khatun, demolishing and removing the dwelling h......pposite party Nos. 1 to 5 Rabindra Chandra Saha and others as plaintiffs filed Other Class Suit No. 212 of 1993 in the Court of Subordinate Judge for declaration of Title in respect of "Ka" scheduled land, for the recovery of "khas" possession after evicting the defendant No. 1 Ayesha Khatun, demoli......t Division (Civil Revisional Jurisdiction) Present: Siddiqur Rahman Miah J SM Ziaul Karim J Ayesha Khatun & others……………………………………Petitioners Vs. Rabindra Chandra Saha and others ………………….Opposite Parties. Judgment May 18, 2006. ...... defendants Nos. 2 to 5; that SA khatian was prepared in the name of defendants Nos. 2 to 5; that thereafter, Gogan Chandra Sutradhar got the suit land by family partition who transferred the land in question to defendant No.1, Ayesha Khatun, by a kabala No. 2373 dated 15-5-1959 and thus, she has be..Category: Property Law | Date: | Hits: 126
State Vs. Shaiokh Abdur Rahman and others, 2006, 35 CLC (HCD)
....sions Judge, Jhalakati in Sessions Case No. 28 of 2006 is affirmed. The Jail Appeal No. 457 of 2006 is dismissed. Send down the LC records. Ed. This Case is also Reported in: 58 DLR (2006) 615. ......sions Judge, Jhalakati in Sessions Case No. 28 of 2006 is affirmed. The Jail Appeal No. 457 of 2006 is dismissed. Send down the LC records. Ed. This Case is also Reported in: 58 DLR (2006) 615. ......f 2006 is dismissed. Send down the LC records. Ed. This Case is also Reported in: 58 DLR (2006) 615. ......। আমি ভুল করেছি ক্ষমা চাই। এই আমার বক্তব্য। 81. However, the learned State Defence Counsel Mr. Muhammad Salahuddin raised a question about the truth and voluntaries of the confessional statement of Mamun. He drew our attenti..Category: Criminal Law | Date: | Hits: 224
Hiru Mia Vs. State, 2005, 34 CLC (HCD)
.... return) he and his police force apprehended him or that he had no bag with him. He denied the defence suggestion he did not find any arms, cartridges, police uniform and belts along with bags in the possession of the jail appellant. He also denied the defence suggestion that he had given any assura......l appellant's custody before the conviction. Send down the records of the Tribunal below along with a copy of the judgment expeditiously. Ed. This Case is also Reported in: 58 DLR (2006) 607....... Send down the records of the Tribunal below along with a copy of the judgment expeditiously. Ed. This Case is also Reported in: 58 DLR (2006) 607.......l appellant's custody before the conviction. Send down the records of the Tribunal below along with a copy of the judgment expeditiously. Ed. This Case is also Reported in: 58 DLR (2006) 607...Category: Criminal Law | Date: | Hits: 63
Ibrahim (Md.) & others Vs. State, 2004, 33 CLC (HCD)
.... 41. Send down the lower court records expeditiously. Let a copy of this judgment be sent to the Superintendent, District Jail, Lakshmipur. Ed. This Case is also Reported in: 58 DLR (2006) 598. ......am alias Kalu, Abu Noman Khan and Md. Ibrahim. She next deposed that Md. Mizanur Rahman, one of her cousins, hired the accuseds with money and caused the occurrence by wire-pulling out of enmity over landed properties. PW 1 further states that after apprehension of the accuseds she went to the Polic......iously. Let a copy of this judgment be sent to the Superintendent, District Jail, Lakshmipur. Ed. This Case is also Reported in: 58 DLR (2006) 598. ......SC) 441 it was held— "The importance of observing faithfully and fairly the provisions of section 342 cannot be too strongly stressed. It is not a proper compliance to read out a long string of questions and answers made in the Committal Court and ask whether the statement is correct. A questi..Category: Criminal Law | Date: | Hits: 91
Ershad Ali (Md.) and another Vs. Rampada Das & others, 2004, 33 CLC (HCD)
....the application). 4. Besides, Panchamoni Dasi exhausted her interest in the holdings by transfer to the pre-emptor said respondent Nos.2 and 3 and Purnima Rani and Subola Rani Dasi and delivery of possession thereof. 5. Other co-sharer Hazari Das died leaving three sons namely, Durgapada, Kali......n. 2. Respondent No. 1 on 2-9-97 made an application under section 96 of the State Acquisition and Tenancy Act, 1950 being Miscellaneous Case No. 25 of 1997 for pre-emption of transfer of the case land measuring about 2.89 acres of land appertaining to SA Khatian Nos. 589 and 596 fully described ......t July 12, 2004. Cases Referred to- Md. Jabed Ali and others Vs. Rakhal Chandra Mandal and others, 33 DLR (AD) 309; Abdur Rouf Vs. Ahmuda Khatun, 33 DLR (AD) 323; Md. Rais Ali Vs. Imam Hossain and others, 33 DLR 318; Chandra Kumar Vs. Abdul Motaleb, 19 DLR (SC) 36; Md. Khaindlah Bhuiyan Vs...... It is also needless to say, in deciding an application for pre-emption limited jurisdiction of the Court is now well recognised to examine as to whether or not subdivision of the existing holding in question is valid. 28. In the case before us we find there was an order passed by the revenue aut..Category: Property Law | Date: | Hits: 69
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