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Afifa Sultana Vs. Judge, Artha Rin Adalat and others, 2011, 40 CLC (HCD)
....as to costs. The order of stay granted earlier by the Court stands vacated. Communicate the judgment to respondent No.1 at once. Ed. This Case is also Reported in: 63 DLR (HCD) (2011) 354. ......a Rin Adalat Ain, 2003 came into operation, the said suit was renumbered as Artha Rin Suit No.371 of 2003 before the Artha Rin Adalat No.4, Dhaka (the Adalat, in short). The petitioner had executed a deed of mortgage as well as a power of attorney in favour of the Bank as security of loan of Taka 20..Category: Civil Law | Date: | Hits: 269
Haji Karamat Ali Master Vs. Lehajuddin Talukder & others, 1988, 17 CLC (HCD)
....d cancelled. A copy of the decree be sent to the Sub-Registrar concerned for necessary note in the relevant book maintained by him. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 447....... the document is collusive or antedated and claims to be in possession of the lands since the date of the agreement. 5. In the suit 3 P.Ws. and 4 D.Ws. have been examined. The plaintiffs mortage deed and kabala have been marked as Exts. 1 and 2(c) respectively and the defendant's unregistered ..Category: Property Law | Date: | Hits: 82
Dr. Suraiya Hossain Vs. Taherunnessa, 1988, 17 CLC (HCD)
....d for them to vacate. In the facts and circumstances of the cases there will be no order as to costs. Send down the records at once. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 441....... dispute. 17. In the instant case certain facts are admitted and it is that Mrs. Taherunnessa is the landlady and the tenancy was created between Mrs. Taherunnessa and Dr. Suraiya Hossain by a deed of agreement in 1981 and it was for a period of two years, which means that it would come to ..Category: Property Law | Date: | Hits: 88
Government of Bangladesh Vs. Israt Jahan Kazal, 1995, 24 CLC (HCD)
.... war of liberation of the country and his Whereabouts was not known. It has been further submitted that the government having taken over the suit property possessed the same through its lessee/tenant transfer of the suit property to the plaintiff’s father on 30.6.80 was null and void under Article......ment as an abandoned property under the provision of President’s Order No.16 of 1972 and the plaintiff acquired no right title and interest in the suit property on the basis of purchase the kabala (deed of sale) dated 30.6.80. 11. It is the time that the government after declaring the suit prop..Category: Property Law | Date: | Hits: 107
Baseruddin Pramanik (Md.) Vs. Golapjan Bewa and others, 1995, 24 CLC (HCD)
....se lands. On 23.7.85 Alauddin opposite party 2 and Baser Pramanik @ Baseruddin Pramanik the pre‑emptee opposite party 1. both as transform executed and registered a deed of exchange (Ext.1) showing transfer of 0.20 acres land (case land) by Alauddin, which he had inherited from his father said Abd......nder pre‑emption is part of those lands. On 23.7.85 Alauddin opposite party 2 and Baser Pramanik @ Baseruddin Pramanik the pre‑emptee opposite party 1. both as transform executed and registered a deed of exchange (Ext.1) showing transfer of 0.20 acres land (case land) by Alauddin, which he had i..Category: Property Law | Date: | Hits: 89
MG Jilani Vs. Md. Wahed Uddin Sardar, 1989, 18 CLC (HCD)
....d. Hence the suit is liable to be dismissed with Costs. 4. The plaintiff examined in all two witnesses including the postal peon and filed a number of documents including the registered deed of transfer of the suit property in his favour. The defendant petitioner examined himself only as D.W......s alleged. Hence the suit is liable to be dismissed with Costs. 4. The plaintiff examined in all two witnesses including the postal peon and filed a number of documents including the registered deed of transfer of the suit property in his favour. The defendant petitioner examined himself onl..Category: Civil Law | Date: | Hits: 140
SM Shafiul Azam and others Vs. Director of Labour and others, 1991, 20 CLC (HCD)
....Per Provisions of law all of them were offered legal dues and were requested to collect the dues form the office of the Bank during the working hours. 4. The service of employees in the bank is transferable. Therefore, on account of the need for such transfer and for having boor working standa...... effect. Let the order passed by this court earlier staying the further proceeding of criminal case No.10 of 1990 be vacated. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 582...Category: Labour and Industrial Law | Date: | Hits: 176
M M Rahmatullah Vs. State, 1992, 21 CLC (HCD)
....ssession of the land was delivered to them and the lease deed was registered in their favour on 21.10.89 and on the very next day on 22.10.89 the lessees filed petition to RAJUK seeking permission to transfer the said plot in favour of Janata Publishers Ltd. for a total consideration of Tk. 33,00,00......land was allotted to Md. Shahinur Islam, Md. Sadeque and Akhtara Begum at a total price of Tk. 23,22,600.00 which they deposited on 18.9.89. Possession of the land was delivered to them and the lease deed was registered in their favour on 21.10.89 and on the very next day on 22.10.89 the lessees fil..Category: Criminal Law | Date: | Hits: 81
Lal Banu Bibi and others Vs. Nourjan Banu, 1986, 15 CLC (HCD)
....her to give her one bigha of land on the ground that petitioner would get nothing out of the property of the plaintiff after her death. Plaintiffs Opposite Party out of love and affection agreed to transfer one bigha of land by way of Osiatnama. On that understanding plaintiff-opposite-party and h......f Osiatnama. On that understanding plaintiff-opposite-party and husband of petitioner No.1 went to Gurudaspur Sub-Registrar's Office on 30.12.75 and plaintiff opposite party executed and registered deed of Hiba-bil-Ewaj. The said deed was not read over and its contents were not explained to the Op..Category: Property Law | Date: | Hits: 134
Abdul Quayuam Khan Vs. Abu Yusuf Mridha, 1997, 26 CLC (HCD)
....rmation of possession in schedule Ka and for evicting the defendants from schedule Kha, stating, inter alia, that the suit property originally belonged to Monullah Shaikh and thereafter by subsequent transfers and sales Abdul Hamid Mridha and Abdul Ban Mridha became owners and after the death of the......Sadat Mridha, son of Abdul Hamid Mridha, inherited his share and the said Abu Sadat Mridha being a poor man took a sum of Taka 2500.00 from Jamir Hossain, predecessor of defendants 1-8 and executed a deed of sale for the suit property on the understanding that if he returns the amount the property w..Category: Procedural Law | Date: | Hits: 129
Dr. Md. Asadullah and another Vs. Sonali Bank Ltd. & others, 2010, 39 CLC (HCD)
....vided in the relevant law. 32. As far as the present case is concerned the appellant already brought the proceedings under article 27 of President's Order No.7 of 1973. These proceedings cannot be transferred to the Artha Rin Adalat which has jurisdiction to try a suit and not proceedings under a......t for payment of loan was from October, 1988 at the rate of Taka 4,650 to be realized from rents and rate of interest was 16%. As security of the loan, defendant No.2 executed and registered mortgage deed in respect of his owned titled schedule property in favour of the Sonali Bank and executed an i..Category: Civil Law | Date: | Hits: 156
Bangladesh Environment Lawyers Association (BELA) Vs. Bangladesh, 2010, 39 CLC (HCD)
.... 32. No person shall be deprived of life or personal liberty save in accordance with law. 42. (1) Subject to any restrictions imposed by law, every citizen shall have the right to acquire, hold, transfer or otherwise dispose of property, and no property shall be compulsorily acquired, nationali......he injunction order granted earlier by this Court stands vacated. Communicate this Judgment and order to the respondents accordingly. Ed. This Case is also Reported in: 62 DLR (HCD) (2010) 463. ..Category: Environmental Law | Date: | Hits: 1019
Gani Mia & another Vs. U.N.O., Biswanath, District Sylhet & Others, 1988, 17 CLC (HCD)
....and as such it calls for interference. The impugned order be set aside and the Rule be made absolute without any order as to costs. Ed. This Case is also Reported in: 42 DLR (HD) (1990) 72. ......Code to implead them as defendants in the suit alleging that they got the Post Office provisionally established at the outer house of one Rashid Ali and subsequently they donated a piece of land by a deed dated 8.5.84 and created a permanent building thereon according to the desire of the authoritie..Category: Procedural Law | Date: | Hits: 193
Muktar Hussain Khan Vs. Suresh Chandra Dey & Others, 1989, 18 CLC (HCD)
.... but thereafter he was not found present at the time of hearing of the suit. Defendant No.2 is the Government of Bangladesh which did not file any written statement. Defendant Nos.3 and 4 are the transferee of the entire plot of land measuring .92 acre from defendant No.1 and his brother Subash ......apatra on 13.2.81 receiving Tk. 9,000/-and it was agreed upon that the balance of the consideration money of Tk. 1, 000/- would be paid by the plaintiff by 31st December, 1984 and then regular sale deed would be executed by defendant No.1 Gouranga Chandra Kunda in favour of the plaintiff. As per..Category: Civil Law | Date: | Hits: 133
Abdul Sattar & another Vs. Osimuddin & others, 1988, 17 CLC (HCD)
....urchaser. The case land was under the possession of one Abdul Gani, a cultivator under opposite party No.2, and since Abdul Gani was in possession, the petitioners had no scope to know about the said transfer. In the last part of Magh, 1382 B.S. when opposite party No.1 came to the case mouja in con......deposited by the petitioner Tasimuddin in this pre-emption case. In the result the Rule is discharged. I make no order as to costs. Ed. This Case is also Reported in: 42 DLR (HCD) (1993) 24. ..Category: Property Law | Date: | Hits: 100
Muhammad Zulfikar Vs. Abul Kalam Chowdhury & others, 1989, 18 CLC (HCD)
....man J. - In this Rule an important question of law mooted is: whether the District Judge, an appellate authority under section 29(4) of the Local Government (Union Parishads) Ordinance, 1983, can transfer an appeal preferred from the decision of the Election Tribunal constituted under the provis......as to costs. The 1st Court of Additional District Judge shall proceed with the appeal expeditiously keeping in view the public interest. Ed. This Case is also Reported in: 42 DLR (HCD) (1993) 21...Category: Election Law | Date: | Hits: 192
Crescent Jute Mills Company Ltd. Vs. Chairman, Labour Court and another, 1996, 25 CLC (HCD)
....an order of dismissal for default of a complaint case. Question before the Appellate Division in the aforesaid case reported in 44 DLR was that whether the Labour Court could pass an order of stay of transfer order till disposal of the IRO case. In deciding that case it was held that Labour Court in......under the provisions of section 25 of the Act as found above. In the result, the Rule is discharged without any order as to Costs. Ed. This Case is also Reported in: 49 DLR (HCD) (1997) 201. ..Category: Labour and Industrial Law | Date: | Hits: 177
Shamima Sultana Seema and 9 others Vs. Government of Bangladesh and 3 others, 2004, 33 CLC (HCD)
....ically. All forms of discrimination on grounds of gender is violative of fundamental freedoms and human rights. 36. However, in the case of EP Royappa Vs. State of Tamil Nadu AIR 1974 SC 555, the transfer of the petitioner from the post of Chief Secretary to other posts was held to be not violat......t in to place the matter beyond controversy (underlinings are mine). On the other concept of positive action and positive discrimination it was held at para 116- 116. …………………….Indeed, even programmes of positive action may sometimes involve a degree of discrimination. For examp..Category: Constitutional Law | Date: | Hits: 443
Abdul Jalil Shah and another Vs. Rahima Khatun and others, 1998, 27 CLC (HCD)
....ndant Nos.13-16 has filed a compromise petition before the learned Subordinate Judge, Bogra on 31-10-95 and in that compromise petition the plaintiff has admitted that the original owner Mollick Shah transferred his interest and exhausted all his share and also admitted that these defendant-petition......n 16 annas share who died leaving behind 3 sons named Kazemuddin Shah, Azizuddin Shah and Meseruddin Shah and a daughter Khatemunnessa. Kazemuddin Shah sold 31/2 decimals of land by registered kabala deed dated 5-11-59 from plot No.4568 in favour of the defendant petitioner Abdul Jalil and handed ov..Category: Civil Law | Date: | Hits: 154
Sena Kalayan Sangstha Vs. Haji Sufi Fazal Ahmed and others, 2004, 33 CLC (HCD)
.... subsequently under President's Order No.16 of 1972. Thus under the said order the properties automatically vested in the Government of Bangladesh and after taking over by the Government the same was transferred to defendant No.4 appellant Sena Kalyan Sangstha by a registered kabala dated 4.10.80 an...... the suit land together with two storied building standing thereon stating, inter alia, that the plaintiff, the predecessor-in-interest of the respondents purchased the suit land by a registered sale deed dated 24.11.1960 and thereafter he constructed a two storied building thereon and possessed the..Category: Property Law | Date: | Hits: 111
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