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Zakir Hossain and another Vs. Md. Yousuf Kabir and another, 2011, 40 CLC (AD)

.... her entire property including the suit property and by a registered heba-bil-ewaj deed dated 29.11.1979, he transferred the same in favour of the plaintiffs. Thus the plain­tiffs being the 16 annas owners of the suit property were in peaceful possession thereof. Defendants created forged papers an......: VIII ADC (2011) 344.......ho later by a regis­tered deed of gift transferred his said 8 (eight) annas share to Rasheda Begum and delivered possession thereof to her. Thus Rasheda Begum became the 16 (sixteen) annas owner and possessor of the suit properly. One Munjurul Hoq was a tenant in a portion of the suit property and ..

Category: Property Law | Date: | Hits: 72

Nasirul Islam Vs. Bangladesh and others, 2011, 40 CLC (HCD)

....e basis of a certificate issued in favour of Bangladesh Shilpa Bank, Pabna branch under section 33(7) of the Artha Rin Adalat Ain, 2003. 2. Petitioner’s case, in short, is that he was the lawful owner-in-possession of .06 acres of land appertaining to Khatian No.746, Plot No.105 at Muza East Ea......urt High Court Division (Special Original Jurisdiction) Present: Nazmun Ara Sultana J Md. Ruhul Quddus J Nasirul Islam, since deceased substituted by his legal heirs Mrs. Mily Khan and others ...........Petitioners Vs. Bangladesh and others ……………….........Respond......to take back his original title documents those have been annexed with the writ petition substituting photocopies thereof. Nazmun Ara Sultana J.- I agree. Ed. This Case is also Reported in: ..

Category: Civil Law | Date: | Hits: 85

Mohsin Kabir (Rupan) Vs. Government of the People's Republic of Bangladesh and others, 1991, 20 CLC (HCD)

....ondent No.2 informed the petitioner that as the Court of Settlement in case No.422/87 (Ka‑126‑Sutrapur, Dhaka, by its judgment dated 19.9.88 declared that Khairunnessa is the rightful Bangladeshi owner of the said house property with the land and the property in question in the facts and circums......isdiction) Present: Fazle Hussain Mohammad Habibur Rahman J KM Hasan J Mohsin Kabir (Rupan).........................Petitioner Vs. Government of the People's Republic of Bangladesh and others……………………Respondents Judgment July 18, 1991. Cases Referred To- ......ent dated 19.9.88 of the Settlement Court Case No. 422 of 1987. On the grounds stated above the application is summarily rejected. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 301. ..

Category: Property Law | Date: | Hits: 86

Umme Hani Begum and others Vs. Ram Gopal Sarker and others, 2008, 37 CLC (HCD)

.... statement denying the material statements made in the plaint and specifically denying the title and possession of the plaintiff-in the suit land. It was their specific case that Government being the owner of the suit land settled the same with Makhan Lal and Chini Bashi who transferred by a registe...... This Case is also Reported in: 62 DLR (HCD) (2010) 17. ......le Suit No.344 of 1994 decreeing the suit is set aside. The suit stands dismissed. Send down the lower Court's record immediately. Ed. This Case is also Reported in: 62 DLR (HCD) (2010) 17. ..

Category: Property Law | Date: | Hits: 74

Mahabub Alam Faruq (Md.) and another Vs. Bangladesh, 2009, 38 CLC (HCD)

....s from the petitioners for .06 (point Zero Six) acres of land of CS khatian No.71 CS Plot No.971 SA plot No.274A Hal plot No.3389 of Mouza Gouripur, police Station Gouripur District-Mymensingh, being owners by purchase through registered deeds of sales evidenced by Annexures-‘F’ and F1 to the Wr......s also Reported in: 62 DLR (HCD) (2010) 31.......nts are further directed to inform this Court about the compliance thereof within 45 days from the date of the receipt of this judgment. Ed. This Case is also Reported in: 62 DLR (HCD) (2010) 31...

Category: Property Law | Date: | Hits: 69

Bangladesh Road Transport Corporation Vs. Ashraf Jute Mills Ltd., 1991, 20 CLC (HCD)

....ty made by the Sangstha in exercise of its powers of sale or realisation under clause (1) shall vest in the transferee all rights in or to the property transferred as if the sale had been made by the owner of the property and such transfer shall be final and binding on all the parties." 13. Mr. ...... 251; 35 company cases (SC) 755; 42 Company Cases 26; 28 Company Cases 216; 34 Company Cases 151; 42 Company Cases 96; 40 Company Cases 1065, MK Ranganathan & another Vs. The Government of Madras and others, AIR 1955 (SC) 604. Lawyers Involved: Rafique‑Ul-Huq, Advocate ‑ For Auction ......after, the Official Liquidator shall as meet up the claims of the creditors in accordance with law with the permission of this Court. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 282. ..

Category: Company Law | Date: | Hits: 193

State Vs. Giasuddin and 5 others, 1990, 19 CLC (HCD)

.... forming an unlawful assembly, caused the occurrence which resulted in the death of 5 persons and injuring a pretty good number. This motive the prosecution could not prove by examining the erstwhile owner of that land Abdul Khaleque because he is dead. His sons are not also examined by the prosecut......7.......r Jail Code as the conviction of death sentence is altered to that of under section 304‑Part‑1 from sections 302/149 of Penal Code. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 267...

Category: Criminal Law | Date: | Hits: 111

Tofazzal Hossain Chowdhury Vs. Mir Amanullah & others, 1992, 21 CLC (HCD)

....ation which was recorded as GDE No.589 dated 23.4.83. A certified copy of the said GDE has been annexed to the petition and marked as Annexure‑A. Thereafter on 24.4.83 opposite party No.1 being the owner of the damaged Chouchala hut gave another information to the local police station Tangibari ab......€¦â€¦.………….Petitioner Vs. Mir Amanullah & others……………….Opposite Parties Judgment November 19, 1992. Cases Referred To- Farruk Ahmed Vs. Abdul Kader Chowdhury and another, 38 DLR (AD) 18; Mrs. Saleha Khatun Vs. The State, (1987) 39 DLR, 109. Lawyers Involv......ordance with law. Let a copy of the judgment and order be transmitted to the Court below immediately. The order of stay stands vacated. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 263...

Category: Criminal Law | Date: | Hits: 88

Md. Farid Hossain and others Vs. Md. Abul Hossain and another, 2009, 38 CLC (AD)

....sion in the case of Ramizuddin Miah Vs. Jarimunnessa and others reported in 15 BLD (AD) 52 wherein it has been held that- "In a suit where deceased plaintiff prayed for declaration that he is real owner of the suit property covered by the deeds of gift and that the defen­dant No.6 having no liab......ase is also Reported in: VIII ADC (2011) 297. ...... dif­ferent and distinguishable which has no manner of application. Accordingly, the appeal is allowed without any order as to costs. Ed. This Case is also Reported in: VIII ADC (2011) 297. ..

Category: Property Law | Date: | Hits: 65

Shambhu Nath Saha & others Vs. State, 1989, 18 CLC (HCD)

....rab the suit premises, the petitioner No. 1 in collusion with some of the employees of the DLR Office at Tejgaon, secretly tampered with documents and inserted the name of one Rasamoy Das as the real owner of the property in place of the original owner, Begum Jahura Hossain Thereafter, the petitione......bhu Nath Saha & others................Petitioners Vs. The State...........................................Opposite Party. Judgment November 21, 1989. Case Referred to- Sanmukhsingh and others Vs. The king, AIR 1950 PC 31. Lawyers Involved: Lutfor Ranman Mondal, Advocate ‑......s therefore, discharged. The learned Additional Metropolitan Magistrate is directed to dispose of the case as expeditiously as possible. Ed. This Case is also Reported in: 43 DLR (1991) 660. ..

Category: Criminal Law | Date: | Hits: 83

Badsha (Md.) Miah and others Vs. Soleman Nessa Bibi and others, 1988, 17 CLC (HCD)

....se from pro forma defendant No. 6 Souraben Nessa by the kabala Ext. X". If this be so, it may be presumed that Chatterjee landlords were in possession in the suit land in khas, as they were the legal owners. The learned Subordinate Judge also did not make any finding that the defendants were in poss......(two) months. Ed. This Case is also Reported in: 43 DLR (1991) 646....... and he seeks 2(two) months' time for the purpose. The prayer is allowed. Let the operation of this judgment be stayed for 2 (two) months. Ed. This Case is also Reported in: 43 DLR (1991) 646...

Category: Property Law | Date: | Hits: 70

Tenu Miah and others Vs. The State, 1990, 19 CLC (HCD)

...., forming an unlawful assembly caused the occurrence which resulted in the death of 5 persons and injuring a pretty good number. This motive the prosecution could not prove by examining the erstwhile owner of that land Abdul Khaleque because he is dead. His sons lire not also examined by the prosecu...... This Case is also Reported in: 43 DLR (1991) 633. ...... Jail Code as the conviction of death sentence is altered to that of under section 304‑Part‑ 1 from sections 302/149 of the Penal Code. Ed. This Case is also Reported in: 43 DLR (1991) 633. ..

Category: Criminal Law | Date: | Hits: 68

Hameeda Banu Vs. AFM Naziruddin, 1990, 19 CLC (HCD)

....eclarations simpliciter as follows: "That a decree be passed declaring that the plaintiff is the irrevocable licencee of the defendant in the A' schedule land and that he is the real and absolute. owner of the dwelling house of three‑storied building and other amenities and appurtenants thereto......pondent. Judgment August 8, 1990. Cases Referred to- KK Das Vs. Amina Khatun Bibi, AIR 1940 (Cal) 356=44 CWN 247; Ramratan Vs. Shiodattarai, AIR 1921 (Nagpur) 167; Sitara Shahjahan Begum and another Vs. Munna and another, AIR 1927 (Allahabad) 342; Gujerat Ginning and Manufacturing Co. L......nd the suit is dismissed. In the facts and circumstances of the case, we make no order as to costs in the appeal as well as in the suit. Ed. This Case is also Reported in: 43 DLR (1991) 623. ..

Category: Property Law | Date: | Hits: 110

Haji Md. Ishaque and others Vs. Rupali Bank, 1990, 19 CLC (HCD)

....were hit by doctrine of lis pendens under section 52 of the Transfer of Property Act and the plaintiffs having not impleaded themselves in the earlier suit with leave of the Court as assignees of the owner defendants the decree passed against their vendors cannot be challenged by the plaintiffs. The......orted in: 43 DLR (1991) 621. ......uit and the Court below rightly rejected the plaint. In the result the appeal is dismissed with costs to the defendant respondent No. 1. Ed. This Case is also Reported in: 43 DLR (1991) 621. ..

Category: Procedural Law | Date: | Hits: 67

Bangla Jalpari Lines (Pvt) Ltd. Vs. Continental Grain Company (Canada) Ltd. and others, 1990, 19 CLC (HCD)

....cellaneous case No. 60 of 1981 was filed by petitioner OP No. 1 M/s Sanko Steamship Co. Ltd. Tokyo represented by their local agent Pragoti Shipping Bangladesh Ltd., Chittagong, who claimed to be the owner of the said vessel MV Regent Ranger. Both the cases were under Order 38, rule 8 of the Code of......ussain Mohammad Habibur Rahman J Kazi Ebadul Hoque J Bangla Jalpari Lines (Pvt) Ltd.................................................Petitioner Vs. Continental Grain Company (Canada) Ltd. and others............... Opposite Parties. Judgment July 24, 1990. Case Referred to- P......nished there is no merit in these two revisional applications. In the result, these Rules are discharged without any order as to costs. Ed. This Case is also Reported in: 43 DLR (1991) 617. ..

Category: Admiralty Law or Maritime Law | Date: | Hits: 186

Anu Bala Vs. Upazila Nirbahi Officer, Perojpur and Others, 1990, 19 CLC (HCD)

....ut jurisdiction and not binding upon the plaintiff. 3. It is the contention of the plaintiff in the suit that Agni Kumar, Krishna Kanta, the pre­decessors of the husband of the plaintiff had been owner of 64 decimals of land of 4 items of properties described in schedule 'Ka' and Kha' to the pla......) Present: Anwarul Hoque Chowdhury J Kazi Ebadul Hoque J Anu Bala....................................................................Petitioner Vs. Upazila Nirbahi Officer, Perojpur and Others...................Opposite‑Party. Judgment November 4, 1990. Cases Referred to......ch we find no illegality to interfere in the Revisional jurisdiction of this Court. In the result, this application is summarily rejected. Ed. This Case is also Reported in: 43 DLR (1991) 611...

Category: Limitation Law | Date: | Hits: 192

Abdul Quader Chowdhury Vs. Sayedul Hoque & others, 1990, 19 CLC (HCD)

....order dated 15.8.85 cancelled the lease of the plaintiffs. 3. The defendant No. 3, petitioner herein contested the suit by filing written statement. His case was that his father Idris Miah was the owner in possession of 32.50 acres of land on the east side of block 81/123 comprising 78.23 acres o......r Chowdhury....................... Petitioner Vs. Sayedul Hoque & others................ …………Opposite Parties. Judgment May 30, 1990. Cases Referred to- Sundar Vs. Hiru and others, 1936 Lah 138; Salyendra Kishore Roy Vs. Ramendra Kishore Roy, 7 BCR 227 (AD); Hazi Nurul......s hereby affirmed. In the result, both these Rules are discharged. No order as to Cost. The connected stay orders are hereby vacated. Ed. This Case is also Reported in: 43 DLR (1991) 568. ..

Category: Property Law | Date: | Hits: 72

Amir Ali & others Vs. State, 1990, 19 CLC (HCD)

....t 11.00 AM saw truck No. Da 7076 to come from Chittagong. They stopped the truck and the driver Md. Amir Ali and the helper of the truck Md. Ismail told him that Afsaruddin 16/1, Choto Katra, was the owner of the truck. The driver also told that there were palm oil drums in the truck. In presence of......i & others................................Appellants Vs. The State..........................................Respondent. Judgment January 31, 1990. Case Referred to- Abdul Hamid and another Vs. The State, 40 DLR 477. Lawyers Involved: Shaukal Ali Khan with Gour Gopal Shah......sult, the appeal is allowed and the order of appellants shall be set at liberty forthwith, if not wanted in connection with any other case. Ed. This Case is also Reported in: 43 DLR (1991) 564. ..

Category: Fiscal/Taxation Law | Date: | Hits: 101

Sadharan Bima Corporation Vs. Bangladesh Shipping Cor­poration & others, 1990, 19 CLC (HCD)

.... instant application, the learned Advocate submits that the present suit by the Insurer under section 6 of the Admiralty Court Act is not maintainable. It is submitted that the Insurer is neither the owner nor the assignee nor the consignee of the goods imported. No damage was caused to the imported......igh Court Division (Admiralty Jurisdiction) Present: Md. Mozammel Hoque J Sadharan Bima Corporation.....................................Plaintiff Vs. Bangladesh Shipping Corporation and others.............Defendants. Judgment May 27, 1990. Cases Referred to- Al‑Sayer......interests of the parties in any manner whatsoever and the Court will be at liberty to decide the matter independently in accordance with law. Ed. This Case is also Reported in: 43 DLR (1991) 548...

Category: Admiralty Law or Maritime Law | Date: | Hits: 195

Sattar Match Works and others Vs. Bangladesh Chemical Industries Corporation and others, 1990, 19 CLC (HCD)

....rks Act, 1940, for its safety matches, and started using this trade mark Cock on its match boxes. The Trade Mark was numbered as 21785 in the Registry of Trade Marks in Class 34. In the year 1962 the owners of Sattar Match Works established another match factory it Lama, Chittagong Hill Tracts, whic......o costs. Ed. This Case is also Reported in: 43 DLR (1991) 532. ......ith Sattar Match Works. With the above direction and observation this application is disposed of but there will be no order as to costs. Ed. This Case is also Reported in: 43 DLR (1991) 532. ..

Category: Intellectual Property Law | Date: | Hits: 264