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Abdur Rahman Chowdhury Vs. Mst. Nurjahan Chowdhury and others, 2001, 30 CLC (AD)
....owledge of plaintiff and defendant No.10. Abdul Hakim Chowdhury also divided the properties amongst plaintiff and defendants by registered deed of settementnama dated 5.11.1968 and delivered possession of the same in order to avoid any future trouble within the knowledge and consent of th......t all during his illness. Defendant No.9 in collusion with defendant No.1 and others fraudulently created a Wasiatnama in favour of defendant Nos.1-3 in the name Abdul Hakim Chowdhury for the suit land on 1.11.1962 without the consent and knowledge of other heirs including the plaintiff who came...... Preparation of paper book is dispensed with as prayed for. Ed. This Case is also Reported in: ......e delay. Security of Tk.1000/- is to be deposited within one month. Preparation of paper book is dispensed with as prayed for. Ed. This Case is also Reported in: ..Category: Property Law | Date: | Hits: 97
Moyez Uddin Sikder and others Vs. State, 2007, 36 CLC (HCD)
....bstinate expression. Accordingly, the question raised at the Bar is hereby resolved with the observations as above. SM Emdadul Hoque, J.- I agree. Ed. This Case is also Reported in: ......ute is used merely as a cloak to cover an act which in fact is not taken though it purports to have been taken under the statute, the order will not, in accordance with a long line of decisions in England and in this sub-continent, be treated as an order under the statute." 21. Mr. Bhuiyan has a......on raised at the Bar is hereby resolved with the observations as above. SM Emdadul Hoque, J.- I agree. Ed. This Case is also Reported in: ......ed Deputy Attorney General having touched the very jurisdiction of this Court in exercising its power under the aforesaid provisions of Code of Criminal Procedure, we thought it proper to resolve the question first before proceeding with the case any further and in doing so we also felt it necessary..Category: Criminal Law | Date: | Hits: 101
Md. Naya Mia Sikder and others Vs. Faizur Banu and others, 2009, 38 CLC (AD)
....ls on 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: VI ADC (2009) 981.......tor filed Miscellaneous Case No.1 of 1981 in the court of the learned Munsif, Patuakhali and it was subsequently renumbered on transfer as Miscellaneous Case No.91 of 1983 for pre-emption of the case land measuring 79 decimals out of 2.26 acres of land under section 96 of the State Acquisition and T......e petition is accordingly dismissed. Ed. This Case is also Reported in: VI ADC (2009) 981.......la dated 27.1.1973 corresponding to 13th Magh, 1379 B.S. at a consideration of Tk. 3000/- without serving any notice of transfer. The pre-emptor respondent No. 1 only came to know about the kabala in question for the first time on the 6th Ashar, 1388, Banglashal from Rustum Ali Munsi in presence of ..Category: Property Law | Date: | Hits: 61
Md. Mobarak and another Vs. Sk. Ayub Ali and others, 2008, 37 CLC (AD)
.... find any cogent reason to interfere with the impugned judgment of the High Court Division. The petition is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 974. ......re-emptors filed Miscellaneous case No.1 of 2000 in the Court of Senior Assistant Judge, Munshigonj against the petitioners and the opposite party Nos. 4-19 praying for pre-emption of the case land under section 96 of the state Acquisition and Tenancy Act alleging, inter alia, that the pre-e....... The petition is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 974. ......y limitation as the pre-emptor filed the case within time from the date of his knowledge. The High Court Division further held that the document Ext. 4 is a deed of sale and not a heba deed and the question whether the deed in question is a colourable transaction or not can not be gone into ..Category: Property Law | Date: | Hits: 44
Most. Rokeya Begum Vs. Dr. Md. Golam Kibria, 2008, 37 CLC (AD)
....s conducted, it was then found that the land on which she had her building constructed fell in the saham of Shahidul Islam. So to keep the building and the land on which it is standing in her possession by a deed of exchange dated 27.10.1984 she exchanged her 6 decimals land with 7.5 decima...... respondent to break his house and take it back by 3 feet inside his compound. 3. The case of the present petitioner as plaintiff, in brief, is that on 03.12.1974 she had purchased her said land from one Kasiruddin and within year she constructed thereon a one storied building. Subse......tions which are accordingly dismissed. Ed. This Case is also Reported in: VI ADC (2009) 968. ......rt Division and other papers on record. 12. It appears that the High Court Division has rightly found that the petitioner could not prove any encroachment on land and any decision on such a question needs evidence so far Annexure-J is concerned the High Court Division rightly found t..Category: Property Law | Date: | Hits: 87
Bangladesh Power Development Board & ors Vs. M/s. Arab Contractor, (BD) Ltd & ors, 2009, 38 CLC (AD)
....rbitration Act, 2001 on the basis of bank papers. We find no substance in these petitions which are accordingly dismissed. Ed. This Case is also Reported in: VI ADC (2009) 952. ......rbitration Act, 2001 on the basis of bank papers. We find no substance in these petitions which are accordingly dismissed. Ed. This Case is also Reported in: VI ADC (2009) 952. ......itions which are accordingly dismissed. Ed. This Case is also Reported in: VI ADC (2009) 952. ......breach of contract on his part. A breach occurs where a party repudiates or fails to perform one or more obligations imposed upon him by the contract. Once liability arises, then comes the question of measure of damages as contemplated in the section. In estimating the measure or d..Category: Alternative Dispute Resolution | Date: | Hits: 344
Sreemati Priti Rani Chakraborty and others Vs. J.M. Sen Institute, 2006, 35 CLC (AD)
....e 1st Additional Court of Assistant Judge, Chittagong, Sadar in other suit No. 12 of 1990 dismissing the same. The suit was filed seeking eviction of the licensee/permissive possessor and for khas possession, of the land described in the schedule attached to the plaint. 2. The suit was fi......ourt of Assistant Judge, Chittagong, Sadar in other suit No. 12 of 1990 dismissing the same. The suit was filed seeking eviction of the licensee/permissive possessor and for khas possession, of the land described in the schedule attached to the plaint. 2. The suit was filed stating, inter ...... There is no order as to costs. Ed. This Case is also Reported in: VI ADC (2009) 945. ...... suit and that because of the P.S. khatian defendants have title in the land in suit, that as the plaintiffs suit is barred by limitation and that plaintiff failed to prove its case and as such the question of defendants' stay on the land in suit as permissive possessor is redundant, that th..Category: Property Law | Date: | Hits: 82
Md. Serajul Islam alias Tuku Vs. Most. Shahid Khatun and others, 2008, 37 CLC (AD)
....ewaz deed at Bogra in favour of the defendant No. 1 but having faced difficulty in registering the same at Bogra, Dr. Sadeq Ali registered the same at Rajshahi on 19.04.1977 and then delivered the possession of the gifted land to the defendant No.1 in lieu of Quran, Prayer mat and Tashbih and th...... deed of heba-bil-ewaz dated 19.04.1977 by Dr. Sadeq Ali in favour of the defendant No.1 is forged, fraudulent, anti dated and is not binding upon her on the averments that Ka, Kha and Ga schedule land of the plaint belonged to Dr. Sadeq Ali who died leaving behind her as widow, two daughte......t: Mohammad Fazlul Karim J Md. Tafazzul Islam J Md. Joynul Abedin J Md. Abdul Matin J Md. Serajul Islam alias Tuku......................Petitioner ......eal is directed against the judgment and order dated 15.04.2007 of the High Court Division passed in Civil Order No.2382 of 2007 summarily rejecting the revisional application filed calling in question the judgment and decree dated 16.10.2006 of the learned Additional District Judge, Court N..Category: Property Law | Date: | Hits: 87
Sree Jagannath Bairagy Vs. Sree Sree Kanailal Jew Bigraha and others, 2009, 38 CLC (AD)
.... Shebait, Lakshmi Baishnabi was only her seba Dashi and the said Lakshmi Baishnabi was maintaining celibacy and was childless. Accordingly, Lakshmi Baishnabi had no right, title, interest and possession over the suit land. 4. The said Lakshmi Baishnabi died in the year 1988. After th......vals as a public Debottor property, Sreemati Zugal Dasshya and Usha Rani Dashya were the owner of the “Ka" schedule property appertaining C.S. and S.A Dag Nos. 1720 and 21 measuring suit lands .48, 1.49 and 1.36 decimals respectively by a pattan nama. Subsequently they executed and reg......on which is accordingly dismissed. Ed. This Case is also Reported in: VI ADC (2009) 939. ......made out calling for interference by this Court. We find no substance in this petition which is accordingly dismissed. Ed. This Case is also Reported in: VI ADC (2009) 939. ..Category: Civil Law | Date: | Hits: 110
Nazimuddin Molla Vs. Mobasser Ali Howlader and others, 2009, 38 CLC (AD)
....ived 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: VI ADC (2009) 938. ......ed pre-emption Miscellaneous Case No.3 of 1996 under section 96 of the state Acquisition and Tenancy Act, 1950 in the Court of Assistant Judge, Rajapur, Jhalakathi for pre- emption of 0.14 acres of land out of 2.66 acres described in S.A. khatian No.407 claiming him as a co-sharer by inheritance......Present: Mohammad Fazlul Karim J Md. Tafazzul Islam J Md. Joynul Abedin J Nazimuddin Molla...................Petitioner Vs. Mobasser Ali Howlader an......ived 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: VI ADC (2009) 938. ..Category: Property Law | Date: | Hits: 57
Most. Sufia Khatoon Vs. Mrs. Mahabuba Rahman & others, 2009, 38 CLC (AD)
....tisfaction the lessor namely RAJUK executed registered lease deeds for 99 years of the respective plots as mentioned in these writ petitions with the respondent petitioner and also handed over formal possession thereof. The further case of the writ petitioners is that they constructed houses as pe...... question was acquired in L.A. Case No. 10 of 1963-64 as per the provisions of Section 93A of the Town Improvement Act, 1953. The Government by the said gazette notification withdrew 14.68 acres of land from acquisition exercising the power conferred under Section 8B of the Emergency Acquisition......rvations all the leave petitions are dismissed. Ed. This Case is also Reported in: VI ADC (2009) 917; 30 BLD (AD) 2010. ......rd analogously with Writ Petition Nos. 5198 of 2003, Writ Petition No. 11818 of 2006, Writ Petition No. 11819 of 2006 and Writ Petition No. 3466 of 2004 making the Rule absolute. 2. Since common question of law and facts are involved in all the petitions these are being disposed of under this j..Category: Property Law | Date: | Hits: 79
Ahmed Hossain Khan Vs. Mosammat Hamida Begum Chowdhury and another, 2007, 36 CLC (AD)
....in the schedule attached to the plaint in favour of the plaintiff on receipt of the balance of the consideration money within 30 days. The trial Court also directed the defendant No.1 to hand over possession of the property in suit to the plaintiff upon removing all the obstacles therefrom ......and register the kabala and to hand over possession of the property, to have the said reliefs through the Court. 2. The suit was averring specific performance of the contract for sale of the land in suit. 3. The plaintiff filed the suit averring that defendant No.1 Mosammat Hamida B......llowed without any order as to costs. Ed. This Case is also Reported in: VI ADC (2009) 901. ......ant as Ext.2, the High Court Division erred in basing its finding on the failure of the plaintiff to challenge Ext. A (agreement dated January 5, 1977 filed by the defendant No.1) by way of putting question to D.W.1 in her cross-examination, that plaintiff proved the case pleaded by him exam..Category: Property Law | Date: | Hits: 100
A.K. Reazul Karim Vs. State, 1983, 12 CLC (AD)
....s are allowed. Proceedings are quashed and the judgment of the High Court Division is set aside. There will be no order as to costs. Ed. This Case is also Reported in: 36 DLR (AD) (1984) 113. ......n the appropriate place. Section 7 provides for assistance to the officer of customs-" All officers of Central Excise, Police and the Civil Armed Forces and all officers engaged in the collections of land-revenue are hereby empowered and required to assist officers of customs in the discharge of the......judgment of the High Court Division is set aside. There will be no order as to costs. Ed. This Case is also Reported in: 36 DLR (AD) (1984) 113. ......h the reasonings as well as the conclusion reached by Badrul Haider Chowdhury J. Without duplicating the lines of arguments in his judgment adopted by him, I would like only to add a few words on the question of conflicting claims as to jurisdiction of the two important departments of the Government..Category: Fiscal/Taxation Law | Date: | Hits: 129
S. M. Mosharaf Hossain Vs. Sonali Bank and others, 2009, 38 CLC (AD)
....al cannot be interfered with. In such view of the matter we find no merit in this petition which is accordingly dismissed. Ed. This Case is also Reported in: VI ADC (2009) 879. ......al cannot be interfered with. In such view of the matter we find no merit in this petition which is accordingly dismissed. Ed. This Case is also Reported in: VI ADC (2009) 879. ......ition which is accordingly dismissed. Ed. This Case is also Reported in: VI ADC (2009) 879. ......lication dated 17.08.1996 along with L/C and other papers for release of 3200 Master Cartoons of shrimps was duly recommended for shipment. The documents against the bill in question were submitted to the desk of the petitioner by M/S Lokpur Fish Processing Company Limited..Category: Administrative Law | Date: | Hits: 423
M/S M.M. Steel Mills Ltd & anr Vs. Judge, First Artha Rin Adalat, Ctg & anr, 2009, 38 CLC (AD)
....dance with law and therefore no interference is called for. Accordingly, the application for leave to appeal is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 875. ......dance with law and therefore no interference is called for. Accordingly, the application for leave to appeal is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 875. ......d. Ed. This Case is also Reported in: VI ADC (2009) 875. ...... Court Division and that the Rule issued therein was heard and disposed of by the impugned judgment and order dated 21.08.2007. On behalf of the writ petitioner it was submitted that the decree in question was passed on 26.07.2005 ordering payment of the decreetal amount in four equal installmen..Category: Civil Law | Date: | Hits: 99
K. M. Muzahid Islam Vs. Bangladesh, 2009, 38 CLC (AD)
....in. Thus we do not find any merit in the leave petition. Accordingly, the application for leave to appeal is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 865. ......in. Thus we do not find any merit in the leave petition. Accordingly, the application for leave to appeal is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 865. ...... Ed. This Case is also Reported in: VI ADC (2009) 865. ......accept the contention of the learned Advocate for the writ petitioner that the impugned decree require to be made final before stating of the execution case and as such the execution case in question started on the basis of preliminary decree cannot continue further. In the writ petition ..Category: Civil Law | Date: | Hits: 140
Abdul Mannan and others Vs. Borhan Uddin Chowdhury and others, 2009, 38 CLC (AD)
....nts as plaintiffs instituted Title Suit No.42 of 1983 before the learned Assistant Judge, Fenchugonj, Sylhet against the petitioners as defendants praying for declaration of title, recovery of khas possession in 1st and 2nd schedule land and for confirmation of possession in the 3rd schedule......uit No.42 of 1983 before the learned Assistant Judge, Fenchugonj, Sylhet against the petitioners as defendants praying for declaration of title, recovery of khas possession in 1st and 2nd schedule land and for confirmation of possession in the 3rd schedule land alleging, inter alia, that th....... Ed. This Case is also Reported in: VI ADC (2009) 862. ......ved 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: VI ADC (2009) 862. ..Category: Property Law | Date: | Hits: 41
Ahmed Meah Sowdagar Vs. S. M. Abdul Alim and another, 2009, 38 CLC (AD)
....d others by concealing the fact of sale of land to Imamuddin sold some land of the case holding to Abdul Haque Dovash. Meanwhile a number of transfers were held and different persons got title and possession in the case holding. Abdul Haque Dovash by registered deed of wakf dated 12.3.1947 ......-emption Miscellaneous Case No.15 of 1985 under section 96 of the State Acquisition and Tenancy Act or alternatively under section 24 of the Non-Agricultural Tenancy Act for preemption of the case land against the pre-emptee petitioner and others alleging, inter alia, that the case land concerni......is Case is also Reported in: VI ADC (2009) 859. ......ved 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: VI ADC (2009) 859. ..Category: Property Law | Date: | Hits: 29
Gopal Chandra Vs. Mitali Rani Chandra, 2009, 38 CLC (AD)
....rial allegations made in the plaint, stating, that the claim of the plaintiff is false and the plaintiff is a mentally disturbed person and defendant No.1 being a poor deed writer is not in a possession to pay the amount as claimed by the plaintiff, as he is to manage 7 members of his fam&s......;ference. 10. In such view of the matter, we find no substance in the leave petition and the same is dismissed accordingly. Ed. This Case is also Reported in: VI ADC (2009) 856. ...... the same is dismissed accordingly. Ed. This Case is also Reported in: VI ADC (2009) 856. ......;ference. 10. In such view of the matter, we find no substance in the leave petition and the same is dismissed accordingly. Ed. This Case is also Reported in: VI ADC (2009) 856. ..Category: Criminal Law | Date: | Hits: 75
Hatirdia Rajiuddin College Vs. Abdul Barik and others, 2009, 38 CLC (AD)
.... took Alauddin son of Ibrahim Bhuiyan as an adopted son. Thereafter Sadat Ali gifted the schedule properties to Alauddin by a registered Heba-Bil-Ewaz deed No.4477 dated 19.04.1960 and put him into possession. Subsequently he mutated his name vide mutation Case No. 183 of 1992-93 dated 11.01.1993......ion are as under:- The respondent No.1 as plaintiff filed Title Suit No.02 of 2000 in the Court of the learned Assistant Judge, Monohardi, Narsingdi for declaration of title over .09 acre of land and for further declaration that R.S. Khatian No.39 in respect of .39 acre in the name of Hat......ition which is accordingly dismissed. Ed. This Case is also Reported in: VI ADC (2009) 854. ......shy;late court and restored that of the trial court. We find no substance in this petition which is accordingly dismissed. Ed. This Case is also Reported in: VI ADC (2009) 854. ..Category: Property Law | Date: | Hits: 32
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