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Suraiya Begum and others Vs. Misir Ali and others, 2010, 39 CLC (AD)
.... above, we find no substance in the submissions of the learned Counsel for the petitioners. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: VII ADC (2010) 945. ...... his marriage and Kalimuddin married Aushi Bibi and Aushi Bibi used to look after Bangu Sheikh when he became old and Bangu Sheikh out of love and affection transferred 194 decimals land under different Dags namely 54 decimals land under Dag No.7, 56 decimals land under C.S. Dag No.53, 71 decimals..Category: Property Law | Date: | Hits: 47
Md. Sharif Hossain Vs. Md. Abdul Jalil and another, 2009, 38 CLC (HCD)
....Rule is discharged without any order as to cost. Let a copy of the judgment along with lower Court’s record be sent down at once. Ed. This Case is also Reported in: 29 BLD (HCD) (2009) 744.......ndant No.1 and also permitted to start re-construction work over the suit land; that after purchase the defendant No.1 mutated his name through mutation case No.505 (ka) p-1/87-88 and has been paying rent and taxes to the government in his name regularly. The ‘ka’ and ‘kha’ schedule property..Category: Property Law | Date: | Hits: 39
Abdul Jalil Miah and another Vs. Siddiqur Rahman, 2009, 38 CLC (HCD)
....e rule is made absolute without any order as to the costs. Lower Courts records be sent down at once with a copy of the judgment. Ed. This Case is also Reported in: 29 BLD (HCD) (2009) 735. ......ikh while in exclusive possession of the land of C.S. Plot Nos.88 and other plots referred to above, died leaving one son Abdul Jabbar as his legal heir and successor. The said Abdul Jabbar sold different portions of C.S. Plot No.88 to different persons for valuable consideration and put the purchas..Category: Property Law | Date: | Hits: 39
Md. Osman Gani & others Vs. Begum Tofatun Nahar & others, 1988, 17 CLC (HCD)
....out any order as to costs. The impugned order of the Courts below is upheld. The ad-interim order of stay granted by this Court is vacated. Ed. This Case is also Reported in: 41 DLR (1989) 151.......ma facie case is essentially a question of fact and in this case both the Courts below on consideration of the facts and circumstances of the case and the materials on record have come to a concurrent finding that the plaintiff-petitioners have failed to establish their prima facie case. The lea..Category: Procedural Law | Date: | Hits: 80
Md. Torab Ali Vs. Bangladesh Textile Mills Corporation & another, 1989, 18 CLC (HCD)
....unded this view as follows:— "While the appointing authority is not bound to accept the recommendation of the enquiry officer, but in inflicting a higher punishment the appointing authority is expected to assign some reasons for coming to such a decision. There are good authorities for the ......penalty and the Enquiry Officer recommended that the petitioner be punished by way of withholding his annual increments for three consecutive years. The appointing authority of the petitioner apparently disagreed with the finding and recommendation of the enquiry officer. It decided to dismi..Category: Employment/Service Law | Date: | Hits: 73
Category: Property Law | Date: | Hits: 28
Ramjan Ali Sowdagar and Ashraf Ali Khan Waqf Estate Vs. Most. Ayesha Khatoon, 2010, 39 CLC (AD)
....und by the High Court Division. In the premises, we do not find any merit in this petition. The petition is accordingly dismissed. End. This Case is also Reported in: VII ADC (2010) 926. ......f and other defendants vide the registered deed of lease dated 19/08/1952 and that the relevant documents of the plaintiff and other defendants are null and void and that they also purchased land rent receiving interest of Ramjan Ali Sowdagar on the following day of lease that is on 10/08/1952 a..Category: Trust/Waqf Law | Date: | Hits: 194
Md. Nurun Nobi Vs. Khondaker Moklesur Rahman and others, 2010, 39 CLC (AD)
....ition to interfere with the impugned judgment and order passed by the High Court Division. The leave petition is accordingly dismissed. Ed. This Case is also Reported in: VII ADC (2010) 917.......No.5126 dated 25.05.1967 (5 5/8 decimals of land) from Dhanoruddin upon mutating his name in the record of right, on the basis of which the R.S. Khatian was correctly prepared in his name and he paid rents and taxes in his name, exchanged his property of Mouza Daksin-Khan with the land of the plaint..Category: Property Law | Date: | Hits: 31
Shah Alam (Md.) Vs. Abdul Hashem Bepari and others, 2000, 29 CLC (HCD)
....the contract by the learned District Judge appears to be the existence of structures standing in a portion of the suit land measuring one acre of land. 14. Although in a revision, I am not usually expected to go into the evidence on record, in the peculiar facts of the case. I feel inclined to sc...... plaintiff-petitioner moved this Court and obtained the present Rule. 10. Mr. Md. Shah Alam, the learned Advocate appearing in person, submits that both the learned Courts below after having concurrently found that the contract in question is a genuine and valid one and the contesting defendant n..Category: Civil Law | Date: | Hits: 81
Md. Liaquat Ali Khan and another Vs. Md. Nazimuddin and another, 2010, 39 CLC (AD)
....have 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: VII ADC (2010) 871.......e rest 69 decimals out of 1.50 acres of land. During C.S. operation Kalai and Ahmed being found in possession their names were duly recorded to the extent of 1.59 acres of land. As they failed to pay rents, the landlord Ashutosh Banerjee got a decree for arrears of rent in Rent Suit No.2526 of 1929 ..Category: Property Law | Date: | Hits: 30
Category: Constitutional Law | Date: | Hits: 252
Category: Property Law | Date: | Hits: 41
Rabeya Khatun Vs. Sheikh Ashraful Islam and others, 2009, 38 CLC (AD)
.... 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. ...... plaintiff acquired good title by adverse possession and erred in making the Rule absolute holding that the plaintiff in possession of the suit land as tenant of defendant No.1, though no document or rent receipt or evidence showing the plaintiff as tenant under the defendant has been produced. 5..Category: Property Law | Date: | Hits: 33
Rahmatullah (Md.) and others Vs. Sabana Islam and others, 2002, 31 CLC (HCD)
....is based on the reason that if a woman marries a man not closely related to the child, the child may not be treated kindly. Where the mother marries, for instance, her child’s paternal uncle, it is expected that they will treat the child kindly: Hedaya, 138. But in cases when the paternal uncles a...... the Court shall have regard to the age, sex and religion of the minor, the character and capacity of the proposed guardian and his nearness of kin to the minor, the wishes, if any, of the deceased parent, and any existing or previous relation of the proposed guardian with the minor or his property...Category: Family Law | Date: | Hits: 179
Abul Kalam Engineer and another Vs. M Nasiruddin Howlader and others, 2002, 31 CLC (HCD)
....rged. Order of stay is recalled and vacated. Learned Joint District Judge is directed to take steps for disposal of the Suit. Communicate. Ed. This Case is also Reported in: 54 DLR (2002) 515....... 18-4-93 and delivered possession. Said Islam brothers jointly got the land mutated in their names in BS Mutation case No. 3184/92-93 and got BS Khatian No. 188/1 prepared and possessed on payment of rent up to 1403 BS. Then, said Islam brothers transferred their entire purchased land of 12 decimals..Category: Property Law | Date: | Hits: 33
Category: Procedural Law | Date: | Hits: 60
Shafiqul Huq (Md.) Vs. Mina Begum, 2002, 31 CLC (HCD)
....In such a suit for a decree for dower and/or maintenance, no declaration in respect of the ‘kabinnama’ or cancellation of the ‘kabinnama’ is at all necessary. Family Court therefore cannot be expected to wait for the final decision of a title suit on like issues as nobody can surely say when...... Judge by the impugned order being of the view that further proceedings of the family suit could not be stayed under section 151 of the Code since the nature and character of the proceedings are different and that the Subordinate Judge had no jurisdiction to grant an order of stay as prayed for. ..Category: Family Law | Date: | Hits: 185
Warish Miah Vs. People's Republic of Bangladesh, 1988, 17 CLC (HCD)
.... the anxiety for repaying the bank loan by utilising the resources of the Union Parishad of which he is the Chairman and in such a position if a disqualified person is placed, in the office he is not expected to do his normal function and action of such persons tends to subvert public interest. Ther......etitioner being a sitting Chairman of the said Union Parishad has taken dilatory devices to perpetuate in the office by taking resort to various means by filing various applications before different forums and thereby he endeavored to perpetuate in the same office to the deprivation of Respo..Category: Election Law | Date: | Hits: 104
Haji Noor Nabi Mollah Vs. Ahammad Ali and others, 2010, 39 CLC (AD)
....point a member of the local Bar as the receiver of the waqf estate. We find no substance in this petition which is accordingly dismissed. Ed. This Case is also Reported in: VII ADC (2010) 639.......the plaintiff filed the suit for mala fide intention, there remains no scope for appointment of receiver in the aforesaid waqf estate. The plaintiff having taken 2 (two) shops from the waqf estate on rental basis have been defaulting to pay monthly rent and he became defaulter. The plaintiff filed t..Category: Property Law | Date: | Hits: 27
Ali Sikder (Md.) Vs. Government of Bangladesh & Others, 2002, 31 CLC (HCD)
....a substantial question of law as to the interpretation of Constitution. His prayer for certificate is refused as we do find the case to be so. Ed. This Case is also Reported in: 54 DLR (2002)453.......r a period of 1 (one) year with effect from 1st April, 1992 till 31st March, 1993 (Annexure B to the petition). Mr. Shahabuddin Ahmad further contends that the petitioner paid only half of the yearly rent and he did not pay the other half of the yearly rent and, not only that, he has been occupying ..Category: Property Law | Date: | Hits: 22