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....not a scrap of paper showing his title filed
before the Courts but only filed S.A. Khatian
in as much as he submitted that the S.A. Khatian
is not a deed of title but only such Khatian
proves the possession and that S.A. Khatian
has no presumption in evidence but the Courts below having not rec......in respect of the title of the pre-emptor, rather it only require to consider
incidentally whether the pre-emptor is a co sharer tenant by inheritance, by
purchase and whether the tenant is holding land contiguous to the land transferred............(18)
Cases Referred to-
Halima Begu......er
Courts records immediately.
Ed.
This Case
is also Reported in: 30 BLD (HCD) (2010) 318.
......tion money
along with the compensation, so deposited by the pre-emptor.
Send down the lower
Courts records immediately.
Ed.
This Case
is also Reported in: 30 BLD (HCD) (2010) 318.
..
Category: Property Law | Date: 25 Aug, 2009 | Hits: 3
Shamsul Hossain Vs. Anwar Hossain and others, 2009, 38 CLC (HCD)
....ĻāĻžāĻ¨ āĻāĻ°āĻŋāĻŦā§āĨ¤ 2. The plaint case, in short, is that "Ka" schedule land was originally belonged to Sree Laksmi Narayan Thakur who got permanent settlement and while in possession, his name was finally published in CS khatian. Thereafter, he transferred the suit land t...... āĻŦāĻ°āĻžāĻŦāĻ°ā§ āĻ¸āĻŽā§āĻĻā§ ā§¨ā§Ŧ, ā§Ģā§¨, ā§¯ā§Ēā§¯.ā§¨ā§Ž āĻāĻžāĻāĻž āĻĢā§āĻ°āĻ¤ āĻĒā§āĻ°āĻĻāĻžāĻ¨ āĻāĻ°āĻŋāĻŦā§āĨ¤ 2. The plaint case, in short, is that "Ka" schedule land was originally belonged to Sree Laksmi Narayan Thakur who got permanent settlement and whi...... Send down the lower Court Records at once. Ed. This Case is also Reported in: 65 DLR (HCD) (2013) 74 ......against the Rally Brothers. On a reference to the depositions of P.Ws.1, 2, 3, 4 and 5 it appears that none of them could say from which date they are in possession of the suit land. 15. Another question calls for determination is that even their case be accepted to be true, that is, they acqui..Category: Property Law | Date: 20 Aug, 2009 | Hits: 3
Sheikh Mashuk Rahman Vs. State and another, 2009, 38 CLC (HCD)
....ult the Rule is discharged. The order of stay granted earlier by this court is hereby vacated. Communicate the order. Ed. This Case is also Reported in: 62 DLR (HCD) (2010) 28. ......ult the Rule is discharged. The order of stay granted earlier by this court is hereby vacated. Communicate the order. Ed. This Case is also Reported in: 62 DLR (HCD) (2010) 28. ......granted earlier by this court is hereby vacated. Communicate the order. Ed. This Case is also Reported in: 62 DLR (HCD) (2010) 28. ......re is clear statement made in the complaint petition to the effect that notice under the NI Act has been duly served and was duly received by the accused. The learned Counsel mainly submits that, the question as to whether notice under section 138 of the Negotiable Instruments Act was served or not ..Category: Banking Law | Date: 16 Aug, 2009 | Hits: 190
Shafiullah Chowdhury and others Vs. State, 2009, 38 CLC (HCD)
.... the Rule is hereby vacated. Communicate copy of this judgment to the concerned Court where the case is pending. Ed. This Case is also Reported in: 14 MLR (HCD) (2009) 490. ......ion of complaint it does not disclose any cause of action or resembles certain other nature of case, that is, if it discloses a civil case e.g. non execution and registration of sale deed of a case landâĻâĻâĻâĻâĻâĻâĻâĻâĻâĻâĻ(9) Case Referred to- Akamuddin Ahmed Vs. The Sta......udgment to the concerned Court where the case is pending. Ed. This Case is also Reported in: 14 MLR (HCD) (2009) 490. ...... the Rule is hereby vacated. Communicate copy of this judgment to the concerned Court where the case is pending. Ed. This Case is also Reported in: 14 MLR (HCD) (2009) 490. ..Category: Procedural Law | Date: 12 Aug, 2009 | Hits: 8
Sree Ashish Kumar Shaha Roy Vs. Al-Haj Md. Wasidul Islam and others, 2009, 38 CLC (AD)
....er Suit No.55 of 2004 in the Court of the Senior Assistant Judge, Sadar, Mymenshing impleading the respondents as defendants praying for declaration of title to the suit land and for recovery of khas possession therein and for a further declaration that the registered deed of gift in favour of Minot......s as plaintiffs instituted Other Suit No.55 of 2004 in the Court of the Senior Assistant Judge, Sadar, Mymenshing impleading the respondents as defendants praying for declaration of title to the suit land and for recovery of khas possession therein and for a further declaration that the registered d......ed Counsel for the petitioner. This petition is accordingly dismissed. Ed. This Case is also Reported in: 21 BLT (AD) (2013) 13. ...... therefore find any substance in any of the submissions of the learned Counsel for the petitioner. This petition is accordingly dismissed. Ed. This Case is also Reported in: 21 BLT (AD) (2013) 13. ..Category: Property Law | Date: 23 Jul, 2009 | Hits: 6
Dr. Mohiuddin Khan Alamgir Vs. ACC and another, 2009, 38 CLC (HCD)
....to the accused for submitting statement of his property. He admitted that Notice does not contain any condition to state the valuation and the statement. Notice did not contain that the accused if in possession of the property of others, he has to give statement to that effect. He has submitted supp......ave details of the immovable property as follows: I. Immovable property: (i) Ejmali property at his village Gulbahar under Police Station-Kachua, District-ChandPur. (ii) 15/16 acres of land out of which 10/12 acres was purchased by him in his village. (iii) A four-storied buildin......t is on bail, let him be released from the bail bond. Send down the lower Court records at once. Ed. This Case is also Reported in: 15 BLC (HCD) (2010) 107. ......attention to section 16 which provides the functions of the Secretary of the Commission. Mr. Karim submitted that since the notice under section 26 (1) was not issued by the Commission, the notice in question is non-est and all the further proceedings based on such illegal and void notice are also i..Category: Anti-Corruption Laws | Date: 13 Jul, 2009 | Hits: 286
....round floor of Municipal holding No.68, Shakhari Bazar, Dhaka, which is a six storied building and besides the suit premises there are seven shops in the ground floor, of which one shop is under khas possession of plaintiff and rest are rented to different tenants. In 1973, he was inducted into the ......2 B.S. he is paying rent to House Rent Controller. He adds that terms and conditions of solenama of earlier suit has no legal effect, in the instant suit keeping huge amount of advance money with the landlord plaintiff. The court below without considering the facts and legal aspects decreed the suit......)
Present:
Syed Md. Ziaul Karim J
Radha Shyam Sarker……………………………..Petitioner
Vs.
Nani Gopal Sen being dead his heirs: Ashesh Kumer and others.......................Opposite parties
Judgment
......hakrabarty, Advocate - For the Opposite parties.
Civil Revision No.1730 of 1998.
Judgment
Syed Md. Ziaul Karim J.—This Rule at the instance of defendant petitioner calls in question the legality and propriety of judgment and decree dated 18-03-1998 passed by learned Senior..
Category: Tenancy Law | Date: 5 Jul, 2009 | Hits: 154
....ĻĸāĻžāĻāĻž āĻŽāĻšāĻžāĻ¨āĻāĻ°ā§ āĻŦāĻŋāĻ°āĻžāĻ¨ āĻšāĻā§āĻž āĻ¯āĻžāĻāĻŦāĻžāĻ° āĻ¸āĻŽā§āĻāĻŦāĻ¨āĻž āĻ°āĻšāĻŋā§āĻžāĻā§āĨ¤
Ed.
This Case is also Reported in: 17 BLT (HCD) (2009) 455
......ž āĻŦāĻ˛āĻŋāĻ¤ā§ āĻāĻŋ āĻŦā§āĻāĻžā§ āĻ¤āĻžāĻšāĻž āĻ¸āĻ°ā§āĻŦ āĻĒā§āĻ°āĻĨāĻŽ āĻāĻāĻ¨āĻāĻ¤āĻāĻžāĻŦā§ āĻ§āĻžāĻ°āĻŖāĻž āĻ˛āĻā§āĻž āĻĒā§āĻ°ā§ā§āĻāĻ¨āĨ¤
āĻ¤āĻĻāĻžāĻ¨ā§āĻ¨ā§āĻ¤āĻ¨ Inland water Transport Authority Rules, 1959, āĻ Inland water āĻāĻ° āĻ¸āĻā§āĻāĻž āĻ¨āĻŋāĻŽā§āĻ¨ā......¯
Result:
āĻ°ā§āĻ˛āĻāĻŋ āĻāĻ°āĻāĻž āĻŦā§āĻ¯āĻ¤āĻŋāĻ°ā§āĻā§ āĻā§āĻ¯āĻžāĻŦā§āĻ¸āĻ˛āĻŋāĻāĻā§ āĻāĻ°āĻž āĻšāĻāĻ˛āĨ¤
āĻāĻ āĻ°ā§āĻā§ āĻŽā§āĻāĻžāĻĻā§āĻĻāĻŽāĻžāĻāĻŋ Continuing mandamus āĻšāĻŋāĻ¸āĻžāĻŦā§ āĻ
āĻŦā§āĻ¯āĻžāĻšāĻ¤ āĻĨāĻžāĻāĻŋāĻŦā§āĨ¤
āĻŦāĻžāĻāĻ˛āĻžā......ĻĸāĻžāĻāĻž āĻŽāĻšāĻžāĻ¨āĻāĻ°ā§ āĻŦāĻŋāĻ°āĻžāĻ¨ āĻšāĻā§āĻž āĻ¯āĻžāĻāĻŦāĻžāĻ° āĻ¸āĻŽā§āĻāĻŦāĻ¨āĻž āĻ°āĻšāĻŋā§āĻžāĻā§āĨ¤
Ed.
This Case is also Reported in: 17 BLT (HCD) (2009) 455
..
Category: Environmental Law, Property Law | Date: 25 Jun, 2009 | Hits: 19
Most. Abu Tara Vs. Md. Abdur Rahim Khan and others, 2009, 38 CLC (HCD)
....Tk.4,00,000/=. Thereafter on 15.12.97 the petitioner executed a Bainanama in favour of opposite party No.1 after receiving Tk. 1,00,000/= as earnest money and on that day the petitioner delivered the possession of one room in favour of the opposite party No.1 which is now possessed by one Biswajit S......ka against the petitioner and the proforma-defendant No.2 for Specific Performance of Contract. 3. The facts of the case, in brief, are that the petitioner is the owner and possessor of the suit lands by purchase. That for need of money the petitioner offered to sell the suit lands which was ac......hellip;……………Defendant-Respondent Petitioner Vs. Md. Abdur Rahim Khan and others……………………….Plaintiff-Appellant-Opposite Party Judgment June 25, 2009. Result: The rule is disc......Since the plaintiff himself or anybody else is not denying or challenging that the plaintiff is not first party vendee as such the signature of plaintiff in the Bainanama is redundant. Moreover, this question was not raised by the defendant-respondent-petitioner before the trial Court and appellate ..Category: Evidence Law | Date: 25 Jun, 2009 | Hits: 42
Agrani Bank Vs. Md. Abdul Khaleque & another, 2009, 38 CLC (HCD)
....en paying the loans money in instalments and the deposit receipts had been burnt by fire of the defendantsâ house. The defendant faced serious trouble by fire breaking in his house and also adverse possession of the business place and by the flood of 1988 became hopeless. The fact of remission of ......dismissed, the judgment and the decree of the trial court is hereby set aside. Send down the L.C. record immediately. Md. Abu Tariq J.- I agree. Ed. This Case is also Reported in:......d immediately. Md. Abu Tariq J.- I agree. Ed. This Case is also Reported in:......dismissed, the judgment and the decree of the trial court is hereby set aside. Send down the L.C. record immediately. Md. Abu Tariq J.- I agree. Ed. This Case is also Reported in:..Category: Banking Law | Date: 23 Jun, 2009 | Hits: 153
Sree Pintoo Pal Vs. State, 2009, 38 CLC (HCD)
....orthwith if not wanted in connection with any other case. 46. Send down the L.C.R with a copy of the Judgment at once. Ed. This Case is also Reported in: 30 BLD (HCD) (2010) 220. ...... as informant lodged FIR with the Manda police station against the appellant Pintoo Pal alleging inter alia that on 19.06.2002 at 3.00 P.M. her daughter Jhorna Rani aged about 17 years went to the land and all on a sudden the appellant forcibly took her in his dwelling hut and committed rape on...... 46. Send down the L.C.R with a copy of the Judgment at once. Ed. This Case is also Reported in: 30 BLD (HCD) (2010) 220. ......ictim by the accused. 41. In the instant case, the prosecutix herself admits that she used to visit the house of the accused person now and then as she was maid servant of the accused. So the question of forcible bringing of victim to the house of the accused does not arise. Victim herself ..Category: Women and Children | Date: 22 Jun, 2009 | Hits: 9
Bangladesh Power Development Board & others Vs. Abu Bakar Siddique & anothers, 2009, 38 CLC (AD)
....9 of 2001 are hereby declared to have been passed without lawful authority and is of no legal effect. Accordingly, the appeals are allowed without any order as to costs. Ed. ......9 of 2001 are hereby declared to have been passed without lawful authority and is of no legal effect. Accordingly, the appeals are allowed without any order as to costs. Ed. ......dingly, the appeals are allowed without any order as to costs. Ed. ......e in the facts of this case and the Service (Reorganization Condition) Act, 1975 having also not the authority to frame its own Service Rules, and the vires of this Service Rule, 1982 having not been questioned and some cases of one step out of turn promoÂtion having been made even after the publiÂ..Category: Employment/Service Law | Date: 3 Jun, 2009 | Hits: 256
Bangladesh Power Development Board & others Vs. Abu Bakar Siddique & anothers, 2009, 38 CLC (HCD)
....ithout lawful authority and is of no legal effect. Accordingly, the appeals are allowed without any order as to costs. Ed. This Case is also Reported in: 15 BLC (AD) (2010) 214. ......ithout lawful authority and is of no legal effect. Accordingly, the appeals are allowed without any order as to costs. Ed. This Case is also Reported in: 15 BLC (AD) (2010) 214. ......s to costs. Ed. This Case is also Reported in: 15 BLC (AD) (2010) 214. ......e in the facts of this case and the Service (Reorganization Condition) Act, 1975 having also not the authority to frame its own Service Rules, and the vires of this Service Rule, 1982 having not been questioned and some cases of one step out of turn promoÂtion having been made even after the publiÂ..Category: Employment/Service Law | Date: 3 Jun, 2009 | Hits: 3
Emran Ahmed & 20 anothers Vs. Bangladesh and others, 2009, 38 CLC (HCD)
....iority, back wages and other privileges within 30 days of receipt of a copy of this Judgment. There will be no order as to costs. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 213. ......6) Case Referred to- Md. Arif Sultan Vs. Chairman, Dhaka Electric Supply Authority, 28 BLD 332; 60 DLR 1; Conferee Ltd. Vs. Titas Gas Transmission and Distribution Limited, 42 DLR 33; Central Inland Water Transport Corporation Ltd. Vs. Brojo Nath, AIR 1986 SC 1571; Delhi Transport Corporation ...... of receipt of a copy of this Judgment. There will be no order as to costs. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 213. ......ight to exercise its power of termination of service of its employee, such power must not be exercised arbitrarily and whimsically but must be exercised fairly and reasonably. What is reasonable is a question of fact and must be decided on a case to case basis. When employees of a statutory body lik..Category: Employment/Service Law | Date: 2 Jun, 2009 | Hits: 35
Md. Babul Hossain Mollah and others Vs. Hasneara Begum and others, 2009, 38 CLC (HCD)
....fice is directed to send down the records of the case at once with a copy of judgment for information and necessary action. Ed. This Case is also Reported in: 30 BLD (HCD) (2010) 312. ......e petitioners as plaintiffs instituted Title Suit No.97 of 1995 in the First Court of Subordinate Judge, Gazipur, impleading the opposite parties as defendants for declaration of title to the suit land and also for declaration that Heba bil Ewaj deed nos. 6196 and 6197 dated 08-10-1976 are forge......n. Ed. This Case is also Reported in: 30 BLD (HCD) (2010) 312. ......e defendants have the remedy by way of filing appeal under Order 41 of the Code of Civil Procedure, 1908 and other provisions of the Code cannot be invoked. It is well settled that where decree in question was granted on merit, it means that the defendants filed written statement and examined pl..Category: Procedural Law | Date: 28 May, 2009 | Hits: 3
Sheikh Md. Nurul Haque Vs. State and anothÂer, 2009, 38 CLC (HCD)
....ds vacated. Send a copy of this order to the Metropolitan Magistrate, Khulna for compliÂance. Md. Ataur Rahman Khan J.- I agree. Ed. This Case is also Reported in: 7 LG (HCD) (2010) 162. ......ds vacated. Send a copy of this order to the Metropolitan Magistrate, Khulna for compliÂance. Md. Ataur Rahman Khan J.- I agree. Ed. This Case is also Reported in: 7 LG (HCD) (2010) 162. ......e Metropolitan Magistrate, Khulna for compliÂance. Md. Ataur Rahman Khan J.- I agree. Ed. This Case is also Reported in: 7 LG (HCD) (2010) 162. ......Ļ(17) The Code of Criminal Procedure, 1898 (Act No. V of 1898); section 561A Non disclosure of the date of receipt of notice under secÂtion 138 (1) (b) of the Negotiable Instruments Act is a question of fact which will be decided at the time of trial after takÂing evidence and thus non-dis..Category: Banking Law | Date: 26 May, 2009 | Hits: 663
Ehtesamur Rahman Vs. The State & Others, 2009, 38 CLC (HCD)
....formation and necessary action. Ed. This Case is also Reported in: 29 BLD (HCD) (2009) 399. ......formation and necessary action. Ed. This Case is also Reported in: 29 BLD (HCD) (2009) 399. ...... Case is also Reported in: 29 BLD (HCD) (2009) 399. ...... the police report Chief Metropolitan Magistrate passed an order on 07.02.2001 directing the officer-in-charge of Motijheel police station to take over the vacant possession of the house in question appointing him the receiver of the property in Holding No.6, Purana Paltan until any order ..Category: Procedural Law | Date: 19 May, 2009 | Hits: 1
Bangladesh National Women Lawyers Association (BNWLA) Vs. Bangladesh and Others, 2009, 38 CLC (HCD)
....ficult task in public interest. There is no order as to costs. Quamrul Islam Siddiqui J.- I agree. Ed. This Case is also Reported in: 29 BLD (HCD) (2009) 415, 14 BLC (HCD)(2009) 694. ......conduct, which involved âleering, looking at the bodies of female employees in an inappropriate manner and making sexually suggestive commentsâ amounted to âsexual harassmentâ. 49. In its landmark judgment, the Supreme Court of India in the case of Vishaka and Others Vs. State of Rajasth......as to costs. Quamrul Islam Siddiqui J.- I agree. Ed. This Case is also Reported in: 29 BLD (HCD) (2009) 415, 14 BLC (HCD)(2009) 694. ......nd any cooperation which is requested from them. The Complaint Committee will keep the identities of the complainant/s confidential. While recording the testimony of the complainant/s any question or behaviour which is intentionally base, insulting or harassing should be avoided. The..Category: Women and Children | Date: 14 May, 2009 | Hits: 330
State Vs. Anjali Debi alias Monju Debi, 2009, 38 CLC (HCD)
....ent to Begum Amirun Nesa, the then Judge of Nari-o-Shishu Nirjatan Daman Tribunal, Pabna, immediately at her present posting. Ed. This Case is also Reported in: 61 DLR (HCD) (2009) 738. ......ent to Begum Amirun Nesa, the then Judge of Nari-o-Shishu Nirjatan Daman Tribunal, Pabna, immediately at her present posting. Ed. This Case is also Reported in: 61 DLR (HCD) (2009) 738. ......-Shishu Nirjatan Daman Tribunal, Pabna, immediately at her present posting. Ed. This Case is also Reported in: 61 DLR (HCD) (2009) 738. ......se be taken as to be true, then the case does not come within the ambit of Ain, 2000, as such, the trial is vitiated. The learned Advocate further submits that, there is contradiction as to the prime question of abduction of the victim from the lawful guardianship of the informant, as the witnesses ..Category: Women and Children | Date: 5 May, 2009 | Hits: 75
Sirajul Islam (Md) Vs. Tauhid Uddin Ahmed & another, 2009, 38 CLC (HCD)
....ay granted earlier stands vacated. Send a copy of this order to Metropolitan Assistant Sessions Judge, Court, Dhaka for compliance. Ed. This Case is also Reported in: 15 BLC (HCD) (2010) 39. ......ay granted earlier stands vacated. Send a copy of this order to Metropolitan Assistant Sessions Judge, Court, Dhaka for compliance. Ed. This Case is also Reported in: 15 BLC (HCD) (2010) 39. ......opy of this order to Metropolitan Assistant Sessions Judge, Court, Dhaka for compliance. Ed. This Case is also Reported in: 15 BLC (HCD) (2010) 39. ......connection we may profitably refer the decision in the case of Nizamuddin Mahmood Vs. Abdul Hamid Bhuiyan, reported in 60 DLR (AD) 195 wherein their Lordships held- "Since the date of receipt is a question of fact to be ascertained at the time of trial, non-disclosure of such fact in the complain..Category: Banking Law | Date: 4 May, 2009 | Hits: 280
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