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Md. Ruhul Amin and others Vs. Mohammad Forkan Ullah and another, 2010, 39 CLC (AD)
....asmuch as on 29.01.1985 pre-emptee No. 2 acquired 0.03 acres of land by a registered deed of ewaz-nama dated 29.01.1985 from Makhon Lal Das vendor No.3. Thereby, he is exercising his right, title and possession over the said portion of the land as a co-sharer. The vendor Makhon Lal Das and his wife ......n that the suit ewaj deed was out and out sale deed and subject matter of pre-emption. 2. The facts involved in the case, in short, are that the plaintiffs are the co-sharers by inheritance in the land appertaining to C.S. Khatian No. 243 corresponding to S.A. Khatian Nos. 244 and 245. The defend...... to add the additional grounds. Ed. This Case is also Reported in: VII ADC (2010) 880....... month. The preparation of paper books is dispensed with as prayed for. The petitioners are permitted to add the additional grounds. Ed. This Case is also Reported in: VII ADC (2010) 880...Category: Property Law | Date: | Hits: 52
Al-Haj Mohibur Rahman Vs. Most. Rahana Khatun @ Suvodra Rani Sarkar, 2010, 39 CLC (AD)
....ng the title and possession of the parties in the land and house. We find no substance in this petition which is accordingly dismissed. Ed. This Case is also Reported in: VII ADC (2010) 878........ After marriage two sons were born in the wedlock. Before marriage the defendant had two wives and six sons and four daughters, the defendant is an ambitious person. The plaintiff bought a house and land with her own money. On 13.07.2006 the defendant tried to kill the plaintiff and as such the pla......ition which is accordingly dismissed. Ed. This Case is also Reported in: VII ADC (2010) 878.......ng the title and possession of the parties in the land and house. We find no substance in this petition which is accordingly dismissed. Ed. This Case is also Reported in: VII ADC (2010) 878...Category: Family Law | Date: | Hits: 200
Begum Firoja Siddique and another Vs. Md. Nizamul Islam (Nizam) and others, 2009, 38 CLC (AD)
....04 discharging the Rule. 2. The facts, in short, are that the respondent Nos.1 and 2 instituted Title Suit No. 282 of 1992 in the court of learned Senior Assistant Judge, Barisal for recovery of possession of the suit land under Section 9 of the Specific Relief Act and the suit was transferred ....... 2. The facts, in short, are that the respondent Nos.1 and 2 instituted Title Suit No. 282 of 1992 in the court of learned Senior Assistant Judge, Barisal for recovery of possession of the suit land under Section 9 of the Specific Relief Act and the suit was transferred to the court of Second ......n for leave to appeal is dismissed. Ed. This Case is also Reported in: VII ADC (2010) 875. ......rder of the High Court Division or in the order of the learned Assistant Judge accordingly this petition for leave to appeal is dismissed. Ed. This Case is also Reported in: VII ADC (2010) 875. ..Category: Civil Law | Date: | Hits: 65
Abdul Noor and others Vs. Abdul Jabbar and others, 2009, 38 CLC (AD)
....6. This Division in dismissing the leave petition observed that: "The learned Advocate found it difficult to overcome the findings of the Court below as to right, title and interest as well as the possession of the villagers of Angarjure in the suit land and also could not show that the Parpotpur......1993 passed in Title Suit No. 29 of 1992 by the learned Sub-ordinate Judge, Sylhet, decreeing the suit declaring that the record of right prepared in the name of persons with regard to the schedule land are the representatives of the whole villagers of Angarjure restraining the defendant permanent...... Review Petition. Accordingly, the Review Petition is rejected. Ed. This Case is also Reported in: VII ADC (2010) 873.......erial or new ground for consideration. Thus we do find any merit in the Review Petition. Accordingly, the Review Petition is rejected. Ed. This Case is also Reported in: VII ADC (2010) 873...Category: Property Law | Date: | Hits: 27
Md. Liaquat Ali Khan and another Vs. Md. Nazimuddin and another, 2010, 39 CLC (AD)
.... in Title Suit No.57 of 1999. 2. The respondents instituted Title Suit No.57 of 1999 in the 1st Court of the learned Joint District Judge, Narayanganj for declaration of title and recovery of khas possession contending, inter alia, that "Ka" schedule property appertaining to C.S. Plot No.78 compr......t Judge, Narayanganj for declaration of title and recovery of khas possession contending, inter alia, that "Ka" schedule property appertaining to C.S. Plot No.78 comprising an area of 151 decimals of land fell in the saham of Kalai and Ahmed, and other co-sharers got other lands. Thereafter by an am...... petition is accordingly dismissed. Ed. This Case is also Reported in: VII ADC (2010) 871.......ndent Nos.1 and 2 of Title Suit No.84 of 1999 and his wife Anwara Begum alias Tamaji Begum inherited his share. Anwara Begum also died leaving behind the said two daughters who got the said land in question. 4. The learned Joint District Judge, Narayanganj decreed the suit by the judgment and..Category: Property Law | Date: | Hits: 30
....reparation of paper books is dispensed with as prayed for.
The order of stay granted earlier is extended till disposal of the appeal.
Ed.
This Case is also Reported in: VII ADC (2010) 857.
......to issue the 'Letter of Consent' in favour of the writ-petitioner.
2. The facts involved in the case, in short, are that the respondent No.1 is a businessman and the owner of the above mentioned landed property. The said land is situated in the vicinity of the Dhaka-Chittagong Highway. With a v......ppeal.
Ed.
This Case is also Reported in: VII ADC (2010) 857.
......reparation of paper books is dispensed with as prayed for.
The order of stay granted earlier is extended till disposal of the appeal.
Ed.
This Case is also Reported in: VII ADC (2010) 857.
..
Category: Others | Date: | Hits: 82
.... and content as 'consultation', in clause (1) of Article 222."
It is further added:
"Krishna Iyer J speaking on behalf of himself and Fazal Ali J also pointed out that "all the materials in the possession of one who consults must be unreservedly placed before the consultee" and further "a reas......isfaction of all.
25. He attended the Special Personnel Development Course under NIPA, COTA, MDC in 1978. He attended a course on the International Law at Hague Academy of International Law, Netherlands and seminars under UN1TAR, attached to the office of UNHCR and UNCTAD, Geneva at Switzerland u...... that regard. It is accordingly, ordered. The short order is treated as part of this judgment.
Ed.
This Case is also Reported in: 61 DLR (HCD) (2009) 523.
...... in Writ Petition No. 3217 of 2003 by Mr. Farhad Ahmed, an Advocate of the Supreme Court.
3. On the view of a Division Bench dated 19-4-03 that the writ petitions raised complicated constitutional questions of great public importance, the Hon'ble Chief Justice by his order 20-4-03 directed the ma..
Category: Constitutional Law | Date: | Hits: 252
Arshad Hossain Haider and others Vs. Suza Uddoula and others, 2010, 39 CLC (AD)
.... that said Md. Jamiruddin constructed a semi-pucca house on his allotted land and resided therein with his family members; that he paid rents and taxes of the Union Parishad and after 12 years of his possession, he on 01.06.1968 applied to the concerned authority for issuing clearance certificate ......rder dated the 14th day of May, 2009 passed by the High Court Division in Civil Revision No.3839 of 2001 making the Rule absolute. 2. The facts involved in the case, in short, are that 5 kathas of land equivalent to more or less .8 decimal of mouza Khojarbagh, being Plot No. 3/D/A, 1st Colony Mir......continue till disposal of the appeal. Ed. This Case is also Reported in: VII ADC (2010) 846.......ooks is dispensed with as prayed for. The order of status-quo granted earlier by this Court shall continue till disposal of the appeal. Ed. This Case is also Reported in: VII ADC (2010) 846...Category: Property Law | Date: | Hits: 32
Md. Abdul Motalib Vs. Bangladesh, 2010, 39 CLC (AD)
....he learned Advocate-on-Record for the petitioner. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: VII ADC (2010) 841; 16 MLR (AD) 2011, 30; 64 DLR (AD) (2012) 87. ......he learned Advocate-on-Record for the petitioner. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: VII ADC (2010) 841; 16 MLR (AD) 2011, 30; 64 DLR (AD) (2012) 87. ......This Case is also Reported in: VII ADC (2010) 841; 16 MLR (AD) 2011, 30; 64 DLR (AD) (2012) 87. ......rary Nikah Registrar is not entitled to resort to any provision of Muslim Marriage and Divorces Rules, 1975 and the cancellation of such temporary licence does not attract any stigma and as such, the question of violation of principles of natural justice is not applicable. In view of the above, w..Category: Civil Law | Date: | Hits: 111
Sayed and others Vs. State, 2009, 38 CLC (AD)
....ove, we find no substance in the submissions of the learned Advocate for the petitioners. Accordingly, the petitions are dismissed. Ed. This Case is also Reported in: VII ADC (2010) 830. ......t Md. Shamser Ali brother of deceased Ramjan Ali on 16.05.1988 at 2:00 p.m. lodged an FIR at the Tahirpur Police Station alleging that his brother-deceased Ramjan Ali had a shop on the Chandina Bhiti land at Badaghat Cattle Market. On the previous night the shop hut standing thereon was blown away b......s of the learned Advocate for the petitioners. Accordingly, the petitions are dismissed. Ed. This Case is also Reported in: VII ADC (2010) 830. ......ove, we find no substance in the submissions of the learned Advocate for the petitioners. Accordingly, the petitions are dismissed. Ed. This Case is also Reported in: VII ADC (2010) 830. ..Category: Criminal Law | Date: | Hits: 26
....Advocates of the appellant and the learned Assistant Attorney-General for the respondent at length and in extension for 2/3 days. From the above discussion it is revealed that these appellants are in possession of the holding. But the Government has declared the property as abandoned putting it in '......t, are that on 13.08.1960 the erstwhile Government of East Pakistan allotted to one Mohammad Mohib son of Bhagu Mia of 74 Gour Nitai Saha Street, Dhaka through a registered lease deed 144 sq. yard of land in mouza Barabo, Police Station Tejgaon presently Plot No.U/59 Block-D, Mohammadpur for 99 year...... for the petitioner.
Accordingly, the petition is dismissed.
Ed.
This Case is also Reported in: VII ADC (2010) 826.
......ion acted as a Court of Appeal while reviewing the impugned judgment of the Court of Settlement and found the two documents marked as Annexure-D and Annexure-E were forged and created inasmuch as the question of the forgery of documents is a question of facts which were never raised before the Tribu..
Category: Property Law | Date: | Hits: 41
Rabeya Khatun Vs. Sheikh Ashraful Islam and others, 2009, 38 CLC (AD)
....t with Rabeya Khatun but in the name of her son-in-law, the defendant No.1 for sale of his land and accordingly paid Tk. 3600.00 out of total consideration money of Tk. 4000.00 to Narayan Chandra and possession was handed over. Thereafter since the Narayan Chandra refused to execute the sale deed. R......of 1993 reversing those dated 21.06.1993 passed by the Assistant Judge, Additional Court No.2, Bagerhat in Title Suit No.290 of 1989. 2. The case of the plaintiff, in short, is that 59 decimals of land in C.S. khatian No.183 under mouza Sarui belonged to Sarat Chandra Mitra who died leaving behin......ngly, the petition is dismissed. Ed. This Case is also Reported in: VII ADC (2010) 815. ...... above, we find no substance in the submissions of the learned Advocate for the petitioners. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: VII ADC (2010) 815. ..Category: Property Law | Date: | Hits: 33
Ismail Miah Vs. Bangladesh and others, 2009, 38 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) 811.......e 11th day of February, 2008 passed by the High Court Division in Writ Petition No. 2004 of 2008 summarily rejecting the writ petition. 2. The facts involved in the facts, in short, are that the lands described in the 11 (eleven) award notices belonged to the petitioners and others when the Gov......cordingly, the petition is dismissed. Ed. This Case is also Reported in: VII ADC (2010) 811.......ion and Requisition of Immovable Property Ordinance, 1982 (Ordinance No.II of 1982). 5. Mr. A. K. Badrul Huq, learned Counsel, appearing for the petitioners submitted that the writ petition raises question of fact but the writ petition clearly spelt out that the respondents who are the assessing ..Category: Property Law | Date: | Hits: 25
Rahmatullah (Md.) and others Vs. Sabana Islam and others, 2002, 31 CLC (HCD)
....r appointing her guardian of her minor daughter, Mahmuda Islam Jhinuk in respect of both person and property. In the application, it is stated that her late husband Md. Zahirul Islam was the owner in possession of the property fully described in the schedule ‘Ka’ and ‘Kha’ to the application...... about Taka 16 lakh from the House Building and Finance Corporation and Bank, and obtained further loan of Taka 5/6 lakh from friends and relatives and built a five-storied house on ‘Ka’ schedule land. While he was thus living in the house, he gifted the house to the extent of 3/4th of the prope...... Cases Referred To- Johura Begum vs. Naimuna Khatun, 16 DLR 695; Mrs. Nilufar Majid vs. Mokbul Ahmed, 1984 BLD 79; Hasan Bhat vs. Golam Mohammad AIR 1961 J & K 5. Lawyers Involved: Moin Uddin with Shah Manjurul Hoque, Advocates— For the Petitioners. Kh A M Mohsen Uddin with Zak......he Court may consider that preference. ******* ****** ***** (5) The Court shall not appoint or declare any person a guardian against his will.” (emphasis supplied) 12. Of the matters, the question of welfare of the minor, which is central to all other considerations must guide the Court ..Category: Family Law | Date: | Hits: 179
Abul Kalam Engineer and another Vs. M Nasiruddin Howlader and others, 2002, 31 CLC (HCD)
....nd or cause prejudice to the other co-sharers should be allowed ………..in the present-day scarcity of the accommodation in the urban areas a co-sharer should not deprived of using the land in his possession making constructions at his risk. If a co-sharer makes a construction in his possession o...... restraining them from continuing a construction work. 2. On 29-8-2001 opposite party No.1 as plaintiff instituted the suit against the appellants and another for a decree of partition of the suit land described in schedule-I for a separate share of his purchased 6 Gondas of land (12 decimals) an......ase is also Reported in: 54 DLR (2002) 515.......fended the order. 4. The issue facing is whether the learned Joint District Judge is justified in granting temporary injunction in law as well as on facts 5. In our jurisdiction, it appears the question of injunction against construction in urban areas for the first time was considered in Ali ..Category: Property Law | Date: | Hits: 33
Madinullah Miah Vs. Md. Abdul Mannan & another, 2001, 30 CLC (HCD)
....sion of Calcutta High Court, Moni Mohan Mandal Vs. Ramtaran Mandal. It is reported in Indian Law Report, Calcutta Series, Vol 43 page 148. In that case the plaintiff instituted a suit for recovery of possession of certain areas of land. The learned Munsiff dismissed the suit, as the suit land was no......ner. Opposite Party No. 1—Appeared in person and represented himself. Civil Revision No. 4354 of 2001. Judgment AKM Shafiuddin J. - The dispute between the parties relates to a piece of land measuring 0.02¾ acres. It will be referred to, hereinafter, as the case land. It is situated o......issed. There will be no order as to cost. Ed. This Case is also Reported in: 54 DLR (2002) 507........ 59 of 2000, before the learned District lodge, Noakhali, challenging the judgment and order dated 30-6-1999, passed by the learned Assistant Judge, Hatia in Miscellaneous Case No. 4 of 1997. On the question of defect of parties, the learned Subordinate Judge reversed the finding of fact arrived at..Category: Property Law | Date: | Hits: 37
....of the proposed amendment."
16. In case of Surat Sarder Vs. Afzal Hossain, 49 DLR (AD) 99 in restoring the decree of the trial Court declaring the title of the plaintiffs and confirmation of their possession in the suit land, the Appellate Division was of the view that this Division upon misconce......nt."
16. In case of Surat Sarder Vs. Afzal Hossain, 49 DLR (AD) 99 in restoring the decree of the trial Court declaring the title of the plaintiffs and confirmation of their possession in the suit land, the Appellate Division was of the view that this Division upon misconception of law and fact a......unicate.
Ed.
This Case is also Reported in: 55 DLR (2003) 166.
......he submitted earlier however on further elaboration on the basis of some authorities.
11. We have perused the plaint along with the application for amendment and the affidavits of the parties. The question before us is whether the exercise of jurisdiction by the learned Subordinate Judge in rejec..
Category: Procedural Law | Date: | Hits: 60
Aumullaya Chandra Haldar Vs. Md. Mohsin Ali Mandal & others, 2002, 31 CLC (HCD)
...., as such, it should be maintained. In the result the Rule is discharged without any order as to cost. Communicate the order at once. Ed. This Case is also Reported in: 54 DLR (2002) 500. ......stated preemption case passed on 10-7-1997. 2. Essential facts for disposal of this Rule are that the petitioner or Aumullaya Chandra Haldar filed the aforesaid case on 31-10-1994 to have the case land measuring 21 decimals preempted which was transferred by his brother PW 2 Sarat Chandra Halder ......DLR (2002) 500. ......der preemption together with compensation thereof is necessary to be deposited at the time of submitting application for preemption. Since the petitioner has complied with this legal requirement, the question of inadequate deposit does not arise. 8. On this question Mr. Md. Israfil Hossain the le..Category: Procedural Law | Date: | Hits: 75
Syed Ahmed Chowdhury Vs. Abdur Rashid Mridha, 2002, 31 CLC (HCD)
.... interference. In view of the discussion made above we find that this Rule merits no consideration. The Rule is, therefore, discharged. Ed. This Case is also Reported in: 54 DLR (2002) 498. ...... interference. In view of the discussion made above we find that this Rule merits no consideration. The Rule is, therefore, discharged. Ed. This Case is also Reported in: 54 DLR (2002) 498. ......de above we find that this Rule merits no consideration. The Rule is, therefore, discharged. Ed. This Case is also Reported in: 54 DLR (2002) 498. ...... perused the materials on record. On perusal of the first information report it is not clear as to what role, if any, has been played by the accused opposite party Nos. 1-4 in obtaining the decree in question. Similarly, in the charge sheet also there is no such material disclosed against the accuse..Category: Criminal Law | Date: | Hits: 29
Auto Equipment Ltd. Vs. Commissioner of Taxes, 2001, 30 CLC (HCD)
.... and adopted GP rate at 23%. 9 Therefore the question is answered in the negative and in favour of the assessee. No order as to costs. Ed. This Case is also Reported in: 54 DLR (2002) 496....... and adopted GP rate at 23%. 9 Therefore the question is answered in the negative and in favour of the assessee. No order as to costs. Ed. This Case is also Reported in: 54 DLR (2002) 496.......on is answered in the negative and in favour of the assessee. No order as to costs. Ed. This Case is also Reported in: 54 DLR (2002) 496....... Appellate Tribunal and by the impugned order the Taxes Appellate Tribunal maintained the order of the Commissioner of Taxes (Appeals). 3. The applicant in the above facts formulated the following question of law: “a) Whether in the facts and circumstances of the case, the learned Taxes Appe..Category: Fiscal/Taxation Law | Date: | Hits: 69
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