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Jahanara Begum Vs. Badura Begum and others, 2007, 36 CLC (AD)

....ther plots have been included in the schedule to the plaint of the suit and this applicant contended in the suit that the land of R.S. Plot No. 5607 and other plots were in exclusive ownership and possession of Abdul Ali and Abdul Mojid; that Abdul Ali died leaving behind 5  sons named Naz......p; 3. The petitioner filed a Partition Suit No.228 of 2004 in the Court of Assistant  Judge, Hathajari, Chittagong against these opposite party Nos. 1 to 4 and others and in that suit lands of R.S. Plot No. 5607 and other plots have been included in the schedule to the plaint of the...... Ed. This Case is also Reported in: VI ADC (2009) 197. ......n the submissions of the learned Advocate-on-Record for our inter­ference. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 197. ..

Category: Civil Law | Date: | Hits: 94

Afazuddin Mollah and others Vs. Sadhan Chandra Roy, 2007, 36 CLC (AD)

....f Abdul Gafur were under the custody of their mother, Baron Nessa Bibi who exe­cuted and registered a kabala on behalf of the minor sons on 19.02.1947 in favour of the plaintiffs and delivered possession. In this kabala, due to mistake on the part of the scribe, plot No. 845 was written in p......y the Additional District Judge, Magura reversing those dated 20.06.1999 in Title Suit No.7 of 1985 dismissing the suit by the Subordinate Judge, Magura. 2. The plaint case is that the suit land orig­inally belonged to Fazal Sheikh and others and District Settlement record was pre­......also Reported in: VI ADC (2009) 193. ......ub­stances in the submissions of the learned Advocate for the petitioners. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 193. ..

Category: Property Law | Date: | Hits: 21

Mahadeb Chandra Mondal and other Vs. Rebati Sarder and others, 2007, 36 CLC (AD)

....r of Ram Krishan Sana and Mohim Sana. That Kabuliyat was execut­ed by Ram Krishna Sana as being the Karta of Joint Family and that was acquired out of the joint family income. Both brothers got possession. Ram Krishna Sana died leaving behind his widow Billa Dasi and one daughter Laxmi Dasi a......70 passed by Assistant Commissioner (Revenue) in Miscellaneous Case No. 180 of 1971 to the fraudulent, forged, collusive, illegal and not binding upon the plaintiff contending, inter-alia, that the land of District Settlement Khatian No. 82 of mouza Boyarjhap under Police Station Paikgacha Distri...... Ed. This Case is also Reported in: VI ADC (2009) 186. ...... mechanically affirming the decision of the appellate Court below without applying his judicial mind. The learned Advocate further sub­mitted that the appellate Court below wrongly decided the question of limitation without considering at all the legal effect of fraud and as per Section 18 o..

Category: Property Law | Date: | Hits: 23

K.K.K. Garments Limited Vs. Islamic Bank Bangladesh Limited and others, 2007, 36 CLC (AD)

....erit in the submissions of the learned Advocate for the petitioner. Accordingly, the leave petition is dis­missed. Ed. This Case is also Reported in: VI ADC (2009) 181. ......erit in the submissions of the learned Advocate for the petitioner. Accordingly, the leave petition is dis­missed. Ed. This Case is also Reported in: VI ADC (2009) 181. ......ve petition is dis­missed. Ed. This Case is also Reported in: VI ADC (2009) 181. ......ed composite investment to the defendant for Tk. 2,50,00,000.00 out of which Tk. 2,00,000,00.00 (two crores) were earmarked for L/C and Tk. 50,00,000.00 for pre-shipment investment and the loan in question was re-schedule as per prayer of the defendants. The defen­dants did not manufacture a..

Category: Banking Law | Date: | Hits: 97

Taj Din Vs. Mrs. Razia Begum Alvi and others, 1973, 2 CLC (AD)

.... deed, respondent No. 1 filed an application bearing Misc. application No. 190 of 1958 with the Additional Custodian of Evacuee Property for confirmation of the sale in her favour and for delivery of possession of land in dispute to her. The learned Additional Custodian, by order dated the 8th Augus...... Lahore, in review application No. 34 of 1960 and review application No. 73 of 1960. It has arisen in the following circumstances:— 2. The property in dispute is 366 Kanals and 4 Marlas of land situated in village Kot Mathra Dass, Tehsil Chunian, District Lahore. It belonged to respondent......: 25 DLR (SC) (1973) 13. ...... Ordinance of 1949, required fresh confirmation because the vendor Abdul Ghafoor Sarin had become an evacuee. The previous Order of the Custodian, however, was saved by section 48 of the Ordinance in question. The transaction is perfectly genuine it is not denied. The appeal is dismissed". Th..

Category: Property Law | Date: | Hits: 28

Lala Ghand Sarder Vs. Abdul Huq and oth­ers, 2007, 36 CLC (AD)

....­stance in the submissions of the learned Counsel for the petitioner. Accordingly, the petition is dis­missed. Ed. This Case is also Reported in: VI ADC (2009) 150. ......sp;       2. The facts of the case are that respondent Nos.1 and 2 filed the Miscellaneous Case No. 46 of 1984 for pre-emption in respective of 164 acres of land. Their case is that they are co-sharers in the properties of schedule Nos. 1 and 2 as heirs o...... Ed. This Case is also Reported in: VI ADC (2009) 150. ......­stance in the submissions of the learned Counsel for the petitioner. Accordingly, the petition is dis­missed. Ed. This Case is also Reported in: VI ADC (2009) 150. ..

Category: Property Law | Date: | Hits: 20

Md. Ataur Rahman & others Vs. B. M. Muhibur Rahman & others, 2008, 37 CLC (AD)

....ppeal. Both the appeals are accordingly owed without any order as to costs. Ed. This Case is also Reported in: 6 LG (AD) (2009) 111; 14 BLC (AD) (2009) 62; 29 BLD (AD) 2009, 15. ......ppeal. Both the appeals are accordingly owed without any order as to costs. Ed. This Case is also Reported in: 6 LG (AD) (2009) 111; 14 BLC (AD) (2009) 62; 29 BLD (AD) 2009, 15. ...... This Case is also Reported in: 6 LG (AD) (2009) 111; 14 BLC (AD) (2009) 62; 29 BLD (AD) 2009, 15. ...... fundamen­tal rights conferred by Part III of the Constitution. This is necessary to keep un and maintaining the welfare of the State. As a matter of fact there is no scope for enquiry into the question whether the fundamental rights the enforcement of which the President has suspended under ..

Category: Employment/Service Law | Date: | Hits: 122

Collector of Customs, Customs House, Chittagong & ors Vs. M/s. Sumi Enterprise, 2008, 37 CLC (AD)

....peal is accordingly allowed without any order as to cost. Ed. This Case is also Reported in: 6 LG (AD) (2009) 108; 61 DLR (AD) (2009) 67; VI ADC (2009) 106; 29 BLD (AD) 2009, 11. ......peal is accordingly allowed without any order as to cost. Ed. This Case is also Reported in: 6 LG (AD) (2009) 108; 61 DLR (AD) (2009) 67; VI ADC (2009) 106; 29 BLD (AD) 2009, 11. ......ported in: 6 LG (AD) (2009) 108; 61 DLR (AD) (2009) 67; VI ADC (2009) 106; 29 BLD (AD) 2009, 11. ......per SRO dated 16.8.1988 which was prevalent when the writ peti­tioner submitted the Bill of Entry. 5. Leave was granted to consider the submissions that the Tariff value of the goods in question having been fixed by SRO dated 16.08.1988 after opening of the letter of credit and before..

Category: Fiscal/Taxation Law | Date: | Hits: 75

Haji Safiuddin Ahmed Vs. The Administrator of Waqf and others, 2007, 36 CLC (AD)

.... we do not find any substance in this application for leave to appeal. Accordingly, the petition is dis­missed. Ed. This Case is also Reported in: 6 LG (AD) (2009) 105. ...... actively and in accordance with the provisions of the Waqf Ordinance, 1962. The petitioner by way of two registered Waqf deeds dated 08.02.1999 and 08.03.1999 transferred two decimals of valuable land in favour of the aforesaid Waqf Estate from seven decimals out of fifty decimals of land and d...... Ed. This Case is also Reported in: 6 LG (AD) (2009) 105. ...... we do not find any substance in this application for leave to appeal. Accordingly, the petition is dis­missed. Ed. This Case is also Reported in: 6 LG (AD) (2009) 105. ..

Category: Trust/Waqf Law | Date: | Hits: 173

Professor Dr. Niaz Zaman Vs. Rajdhani Unnayan Kartipakhya and others, 2003, 32 CLC (AD)

....g, inter alia, that the petitioner's mother Mrs. Sukina Nigar Ali wife of Mr. H.T. Ali was allotted Plot No. SE(H)4 at Gulshan by the then Dacca Improvement Trust (DIT) in 1961 on 99 year's lease and possession was handed over to her on 29 July 1967. That the plot was gifted to the petitioner by his......ther submits that the High Court Division erred in not appreciating that if Gulshan and other lakes and open space are allowed to be encroached upon then the environment of Dhaka will suffer. Even a "land hungry" country deserve to be spared being a ghetto. 4. The High Court Division, on consid­......observation and the aforesaid directions this petition is dis­missed. Ed. This Case is also Reported in: 6 LG (AD) (2009) 101. ......e-C annexed thereto do form part of this order. With the above observation and the aforesaid directions this petition is dis­missed. Ed. This Case is also Reported in: 6 LG (AD) (2009) 101. ..

Category: Property Law | Date: | Hits: 36

M/s Six Star Corporation, Proprietor Haji Mozahar Sowdager Vs. Bangladesh, 2004, 33 CLC (AD)

....ect to destruction of the rice on board the said vessel. It was directed to the Mongla Port and Customs Authorities to depute their respective officers to remain present at the time of delivery of possession of the vessel M.V. Vishva Kaumudi to the auc­tion purchaser petitioner. That as per ......e do no find any substance in the submission of the learned Counsel for the petitioner. The petition is dismissed. Ed. This Case is also Reported in: 6 LG (AD) (2009) 81. ...... is dismissed. Ed. This Case is also Reported in: 6 LG (AD) (2009) 81. ......r of the auction pur­chaser-petitioner furnished in compliance to the order passed by this Division on 30-03-2003 in C.P.L.A. No. 118 of 2003 in order to get permission to remove the vessel in question from Mongla Port to Chittagong Port. 2. The facts in the application for direction ..

Category: Admiralty Law or Maritime Law | Date: | Hits: 199

Bangladesh Co­operative Book Society Ltd. Vs. Mohammad Dastagirul Haq, 2008, 37 CLC (AD)

....he with other 10/12 hired terrorists came to Niaz Monjil for taking revenge against the staffs of the Book Society and at one stage they tried to break into the case shop and tried to take forceful possession in it. On the same date the Book Society thereafter filed a General Diary in this regar......n having a business establishment. After his death, the respondent-opposite party No.1 being his son, continued tenancy in the shop and carried on business in the shop by paying regular rent to the landlord-socie­ty. The respondent-opposite party No.1 stated that the petitioner intentionally ......is petition which is accordingly dismissed. Ed. This Case is also Reported in: 6 LG (AD) (2009) 59 & 61 DLR (AD) (2009) 62. ......e respondent-opposite party No.1 contested the Rule by filling affidavit-in-opposition. It was stated by the respondent-opposite party No.1 that he was not an unlawful occupant of the case shop in question. His father, Nurul Haq had been in possession of the shop as monthly tenant from the year ..

Category: Criminal Law | Date: | Hits: 32

Government of Bangladesh and others Vs. Quazi Md. Obaidur Rashid and others, 2003, 32 CLC (AD)

....also found nothing to interfere with. Accordingly, the leave petition is dismissed after condoning delay of 23 days. Ed. This Case is also Reported in: 6 LG (AD) (2009) 39. ...... 2. The respondents are the Writ Petitioners, they claimed that the property in question belonged to Mrs. Golshan Ali Hijri and Arifabad Co-operative Housing Society purchased 11.85 acres of land by a registered deed of sale dated 15-12-80 from Roshanally M. H. Hijri and three others who w......ashid and others……………….Respondents Judgment August 13, 2003. Lawyers Involved: A. J. Mohammad Ali, Additional Attorney-General, instructed by B. Hossain, Advocate-on-Record- For the Petitioners. Abdur Rob Chowdhury, Senio...... No.2103 of 1995 treating the case property as an abandoned property is ille­gal and is of no legal effect. 2. The respondents are the Writ Petitioners, they claimed that the property in question belonged to Mrs. Golshan Ali Hijri and Arifabad Co-operative Housing Society purchased 11..

Category: Property Law | Date: | Hits: 49

State Vs. Kalam Talukder and others, 2007, 36 CLC (AD)

....the submissions of the learned Deputy Attorney General has got no sub­stance and accordingly, the petition is dis­missed. Ed. This Case is also Reported in: VI ADC (2009) 169. ......eal No. 2711 of 1999 (heard with Jail Appeal No. 3181 of 1999). 3. The prosecution case, is brief, is that the deceased Abdul Mannan and informant Abdus Sobhan Howlader were ploughing their land in Mouza-Khodabox Kathi on plot No. 2499 which was acquired in the name of deceased Abdul Mann......s got no sub­stance and accordingly, the petition is dis­missed. Ed. This Case is also Reported in: VI ADC (2009) 169. ......the submissions of the learned Deputy Attorney General has got no sub­stance and accordingly, the petition is dis­missed. Ed. This Case is also Reported in: VI ADC (2009) 169. ..

Category: Criminal Law | Date: | Hits: 38

Haji Alauddin Vs. State and another, 2008, 37 CLC (AD)

....erence by this Division. In the result, the appeal is dismissed and thereby the impugned judg­ment and order is confirmed. Ed. This Case is also Reported in: VI ADC (2009) 165. ......erence by this Division. In the result, the appeal is dismissed and thereby the impugned judg­ment and order is confirmed. Ed. This Case is also Reported in: VI ADC (2009) 165. ......missed and thereby the impugned judg­ment and order is confirmed. Ed. This Case is also Reported in: VI ADC (2009) 165. ......charging the Rule and as such the impugned judgment and order is liable to be set aside. He further submits that the learned Judges of the High Court Division failed to consider that the cement in question was taken on credit and part payment was made for the same on subsequent dates which cate..

Category: Criminal Law | Date: | Hits: 32

Maksudun Nabi Joarder Vs. Md. Rafiq alias Abdur Rafiq Khan and others, 2008, 37 CLC (AD)

.... and Aghor Nah Roy Chowdhury, the C.S. recorded tenants, on payment of proper salami and after his death the petitioner along with h is co-sharer become the owner of the same and while they were in possession of the same, the defendant respondent Nos.1 and 2, with some musclemen on 15.2.2005 trie......er, the petitioner in C.P. No. 1388 of 2005, filed the above Miscellaneous Case No. 28 of 2005 stat­ing that on 20.4.53 Late Golam Nabi Joardar, his predecessor, got settlement of .27 acres of land from the heirs of Nepal Chandra Roy Chowdhury and Aghor Nah Roy Chowdhury, the C.S. recorded t...... The petition is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 153. ......is no illegality or infir­mity in the above decision so as to call for any interference. The petition is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 153. ..

Category: Property Law | Date: | Hits: 18

Shahjahan Mridha Vs. Jalal Sikder and others, 2007, 36 CLC (AD)

....of disposal of the petition are that the plaintiff-respondent-petitioners filed Title Suit No. 35 of 1999 against the defendant-appellant-opposite party No.1 for declara­tion of title and khas possession of the suit land. The plaintiffs stated that the suit jote of the scheduled lands situat......tion are that the plaintiff-respondent-petitioners filed Title Suit No. 35 of 1999 against the defendant-appellant-opposite party No.1 for declara­tion of title and khas possession of the suit land. The plaintiffs stated that the suit jote of the scheduled lands situated under Mouza-Khankhan......gly, the petition is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 147. ......nce and as such the impugned judgment and order does not call for our interference and accordingly, the petition is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 147. ..

Category: Property Law | Date: | Hits: 37

Abdur Rashid Bepari Vs. Soleman Ali, 2008, 37 CLC (AD)

....tiff-petitioner never sold the disputed land nor executed and registered the disputed kabala in favour of the defendant-opposite party on receipt of any consideration as alleged and he is still in possession of the suit land. The plain­tiff-petitioner for the first time came to know about th......the plaintiff-petitioner in favour of the defendant-opposite party was forged, void, inoperative and was not binding upon the plaintiff-petitioner on the allegations, inter alia, that the disputed land to the extent 16½  decimals covered by the aforesaid disputed kabala deed No. 3473...... Ed. This Case is also Reported in: VI ADC (2009) 139. ......d any illegality or error of law so as to warrant interference by this court. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 139. ..

Category: Property Law | Date: | Hits: 21

Elahi Mondal Vs. Juran Mondal and others, 2008, 37 CLC (AD)

.... 2. Facts, in brief, are that the respondent No.1, as plaintiff, filed the above suit seeking declaration of his title in the land as described Ka schedule of the plaint and also recovery of possession of the land described in schedule Kha of the plaint on the averments that .21 acres of l...... Judge, Jhenidah in Title Suit No.62 of 1988 decreeing the suit. 2. Facts, in brief, are that the respondent No.1, as plaintiff, filed the above suit seeking declaration of his title in the land as described Ka schedule of the plaint and also recovery of possession of the land described i...... The petition is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 135. ...... there being no illegality or infirmity in the above decision no interference is called for. The petition is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 135. ..

Category: Property Law | Date: | Hits: 25

Mohammad Akbar Chowdhury Vs. Khalilur Rahman and others, 2009, 38 CLC (AD)

....4.1969 from contiguous southern plot No.12754 and has been enjoying the same. Later on by amicable partition dated 23, 11.1987 said mother of the petitioner gave 17 decimals of land to him and the possession was also delivered to him. He, being the absolute owner of the said land contiguous sout......R.S. Plot No.12754 contiguous western plot of the case hold­ing Nos.12729 and 12755 belong to preemptor petitioner by purchase. The peti­tioners mother Mohsena Khatun Purchased 17 decimals land on 20.04.1969 from contiguous southern plot No.12754 and has been enjoying the same. Later on ......ich is accordingly dismissed. Ed. This Case is also Reported in: VI ADC (2009) 130. ...... order of the High Court Division and other papers on record. 6. It appears that the definite case of the pre-emptor is that he came to know about the transfer on 10.01.1997.The transfer in question is by sale deed dated 29.02.1992. Therefore after about five years the pre-emptor petition..

Category: Property Law | Date: | Hits: 25