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Md. Rafique and another Vs. Md. Musa and others, 2007, 36 CLC (AD)

....f the defendant Nos. 1-4 (petitioners) are illegal, fraudulent, not acted upon and the plaintiffs are not bound by those deeds. 3. The plaintiffs' case, in brief, is that Badruzzaman was the owner of suit land. He sold 'Ga' schedule land on 24.11.1978 to his daughter Mahsuma Khatun and tha......7 BLT (AD) (2009) 228. ...... substance in the submissions of the learned Counsel for the petitioner. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: 17 BLT (AD) (2009) 228. ..

Category: Property Law | Date: | Hits: 92

Sakat Ali Gazi and others Vs. Mr. Abdur Razzaque and others, 2009, 38 CLC (AD)

...., jointly and defendant Nos.16 and 17 by accepting their written statement contested the suit. Their case, in brief, inter-alia, is that before the C.S. record, Danu alias Danej Moral was the sole owner of the disputed land in respect of 'Ka' schedule land and before the C.S. record, Danu Moral ....... ......l. 9. Therefore, we find no substance in these leave-petitions and accordingly both the petitions are hereby dismissed. Ed. This Case is also Reported in: 17 BLT (AD) (2009) 219. ..

Category: Property Law | Date: | Hits: 90

Abdur Rahman Chowdhury Vs. Mst. Nurjahan Chowdhury and others, 2001, 30 CLC (AD)

....977 of the Subordinate Judge, Second Court, Chittagong in Other Suit No.79 of 1972. 2. The plaintiff-respondent filed the suit asserting, inter alia, that Abdul Hakim Chowdhury was the sole owner of the suit property.  The two wives and two sons of Abdul Hakim Chowdhury died during h...... Amin Choudhury CJ Mainur Reza Chowdhury J Md. Ruhul Amin J Mohammad Fazlul Karim J Abdur Rahman Chowdhury……..Petitioner Vs. Mst. Nurjahan Chowdhury and others……..Respondents Judgment May 22, 2001. Lawyers Involve......e delay. Security of Tk.1000/- is to be deposited within one month. Preparation of paper book is dispensed with as prayed for. Ed. This Case is also Reported in: ..

Category: Property Law | Date: | Hits: 97

Sreemati Priti Rani Chakraborty and others Vs. J.M. Sen Institute, 2006, 35 CLC (AD)

....endants acquired their right in the suit premises otherwise then the grant made by the plaintiff, inasmuch as their claim in the written statements that the suit premises was gifted by the previous owner to the predecessor of the defendants has not been proved by any admissible evidence", t......ohammad Fazlul Karim J                   Md. Tafazzul Islam J Sreemati Priti Rani Chakraborty and others……………...Appellants Vs. J.M. Sen Institut......ed March 28, 1990 of the 1st Additional Court of Assistant Judge, Chittagong, Sadar in other suit No. 12 of 1990 dismissing the same. The suit was filed seeking eviction of the licensee/permissive possessor and for khas possession, of the land described in the schedule attached to the plaint. ..

Category: Property Law | Date: | Hits: 82

Sree Jagannath Bairagy Vs. Sree Sree Kanailal Jew Bigraha and others, 2009, 38 CLC (AD)

.... installed the deity Sree Sree Kanailal Jew Bigraha for performances of Seba Puja, Archna and religious festivals as a public Debottor property, Sreemati Zugal Dasshya and Usha Rani Dashya were the owner of the “Ka" schedule property appertaining C.S. and S.A Dag Nos. 1720 and 21 meas......CJ Md. Abdul Matin J  Md. Abdul Aziz J      Sree Jagannath Bairagy…............Petitioner Vs. Sree Sree Kanailal Jew Bigraha and others..........Respondents Judgment         Ap......made out calling for interference by this Court. We find no substance in this petition which is accordingly dismissed. Ed. This Case is also Reported in: VI ADC (2009) 939. ..

Category: Civil Law | Date: | Hits: 110

Most. Sufia Khatoon Vs. Mrs. Mahabuba Rahman & others, 2009, 38 CLC (AD)

....r case of the writ petitioners is that they constructed houses as per approved plan and have been enjoying and possessing the same. All on a sudden, some people entered into the premises and claimed ownership of the said plots by virtue of sale deeds obtained from the original own­ers from whom th......nts (In Civil Petition No.2053 of 2008). S.K. Mohd Anwar Hossain & ors. ..........Respondents (In Civil Petition No. 2054 of 2008). Judgment May 18, 2009. Cases Referred To- Abdul Huq and others Vs. Government of the People's Republic of Bangladesh represented by the Secretary, Minis......cision to the present case and to the future cases. With the above observations all the leave petitions are dismissed. Ed. This Case is also Reported in: VI ADC (2009) 917; 30 BLD (AD) 2010. ..

Category: Property Law | Date: | Hits: 79

Ahmed Hossain Khan Vs. Mosammat Hamida Begum Chowdhury and another, 2007, 36 CLC (AD)

..... The suit was averring specific performance of the contract for sale of the land in suit. 3. The plaintiff filed the suit averring that defendant No.1 Mosammat Hamida Begum Chowdhury as the owner of the property in suit offered the said property for sale and the plaintiff's offer of pric...... Md. Tafazzul Islam J Md. Hassan Ameen J Ahmed Hossain Khan…......................................................Appellant Vs. Mosammat Hamida Begum Chowdhury and another…..........Respondents Judgment April 5, 2007. Lawyers Invo...... discussion made hereinabove we find merit in the appeal. Accordingly the appeal is allowed without any order as to costs. Ed. This Case is also Reported in: VI ADC (2009) 901. ..

Category: Property Law | Date: | Hits: 100

A.K. Reazul Karim Vs. State, 1983, 12 CLC (AD)

.... transshipped within two months of the date of unloading thereof at a customs-station or within such extended period as the appropriate officer may allow, such goods may after due notice given to the owner if his address could be ascertained, or published in the official gazette, if his address coul......ons 80-83 only to a Customs Officer who is kingpin of the entire enactment.................(22) The Customs Act, 1969 (IV of 1969), Section 6 Customs officer's authority under the Customs Act and that the Police Officer under the Code of Criminal Procedure are different. The Police officer h......s are allowed. Proceedings are quashed and the judgment of the High Court Division is set aside. There will be no order as to costs. Ed. This Case is also Reported in: 36 DLR (AD) (1984) 113. ..

Category: Fiscal/Taxation Law | Date: | Hits: 129

Abdul Mannan and others Vs. Borhan Uddin Chowdhury and others, 2009, 38 CLC (AD)

....nd Abdur Rab as heirs. On the death of Anis his share devolved upon his brother's sons Abdullah and Abdur Rab. Abdullah and Abdur Rab died during their childhood and their mother Nasira Banu became owner and possessor of 1st, 2nd and 3rd schedule lands. The said Nasira Banu brought her brother's ......62. ......ab as heirs. On the death of Anis his share devolved upon his brother's sons Abdullah and Abdur Rab. Abdullah and Abdur Rab died during their childhood and their mother Nasira Banu became owner and possessor of 1st, 2nd and 3rd schedule lands. The said Nasira Banu brought her brother's daughters..

Category: Property Law | Date: | Hits: 41

Ahmed Meah Sowdagar Vs. S. M. Abdul Alim and another, 2009, 38 CLC (AD)

....35 was the Riyoti Khash Dakhali land of Jabal Hossain and others and R.S. Khatian was prepared accordingly. Abdul Haque Dovash pur­chased some land of Jabal Hossain and Imam Hossain and became owner. After the death of Abdul Haque Dovash his share devolved upon Abdul Nabi Dovash, wife Hazera...... Abedin J Shah Abu Nayeem Mominur Rahman J Ahmed Meah Sowdagar ………………………...Petitioner Vs. S. M. Abdul Alim and another………….........Respondents Judgment April 15, 20......ved 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: VI ADC (2009) 859. ..

Category: Property Law | Date: | Hits: 29

Hatirdia Rajiuddin College Vs. Abdul Barik and others, 2009, 38 CLC (AD)

....nally belongs to Sharfat Ali, Sadat Ali and Suzat Ali who got the properties in equal share. Accordingly their names were prepared in C.S. khatian in equal share. Subsequently Sadat Ali became the owner and possessor of plot No. 155 under C.S. Khatian No.129. Sadat Ali had no child in pursuance ......Rajiuddin College represent­ed by the Secretary, Hatirdia Rajiuddin College, Managing Committee, Police Station-Monohardi, District-Narsingdi ..........Petitioner Vs. Abdul Barik and others ..........................................Respondents Judgment February 17,......ngs to Sharfat Ali, Sadat Ali and Suzat Ali who got the properties in equal share. Accordingly their names were prepared in C.S. khatian in equal share. Subsequently Sadat Ali became the owner and possessor of plot No. 155 under C.S. Khatian No.129. Sadat Ali had no child in pursuance of that th..

Category: Property Law | Date: | Hits: 32

Moulvi Abdul Wadud Chowdhury Vs. Abdul Motaleb Chowdhury and others, 2009, 38 CLC (AD)

.... opposite party vide three separate sale deeds, duly registered under the Registration Act. 2. The facts relevant for the disposal of the cases in reference are that the opposite party No.2, being owner possessor of the lands described in the second schedule of the Misc. Case Nos. 76 of 1983, 77 ......esent: Mohammad Fazlul Karim J Md. Joynul Abedin J Shah Abu Nayeem Mominur Rahman J Moulvi Abdul Wadud Chowdhury ...........Petitioner (In all the cases) Vs. Abdul Motaleb Chowdhury and others..........Respondents (In all the cases) Judgment March 15, 2009. Lawyers Involve......ite party vide three separate sale deeds, duly registered under the Registration Act. 2. The facts relevant for the disposal of the cases in reference are that the opposite party No.2, being owner possessor of the lands described in the second schedule of the Misc. Case Nos. 76 of 1983, 77 of 198..

Category: Property Law | Date: | Hits: 33

Abdul Halim alias Halim Mia Vs. Abdus Sattar and others, 2009, 38 CLC (AD)

....laintiff, by executing a registered deed of sale on 28.11.1921. After the death of Kala Mia, plaintiff along with his four sisters inherited the same and subsequently the plaintiff became the sole owner of the suit land by way of gift from his sisters. The plaintiff subse­quently amended the...... Mohammad Fazlul Karim J Md. Joynul Abedin J Shah Abu Nayeem Mominur Rahman J Abdul Halim alias Halim Mia .............................Petitioner Vs. Abdus Sattar and others .................................Respondents Judgment June 21, 2009. ......ved al 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: VI ADC (2009) 823. ..

Category: Property Law | Date: | Hits: 30

Md. Ripon, Proprietor, Ripon & bros Vs. Heze Wanda Playing Cards Co. Ltd. & ors, 2009, 38 CLC (AD)

....t permissible under the Trade Marks Act, 1940. The plaintiff has obtained information that by virtue of some documents issued by the various authorities the defendant No. 1 claiming himself as the owner of the Trade Marks "AMERICA", "USA", "DON" and "VISA"...... also Reported in: VI ADC (2009) 819. ......f the facts and materials on record of the case, we find no substance in this leave petition, which is accord­ingly dismissed. Ed. This Case is also Reported in: VI ADC (2009) 819. ..

Category: Intellectual Property Law | Date: | Hits: 361

Rayna Begum and others Vs. Md. Marufuddin Ahmed and others, 2008, 37 CLC (AD)

.... was recorded in their names in equal share as bagan (orchard land) in the final khatian No.200 of Mouza Kunagram. Thereafter Mosina Bibi died leaving son proforma-defendant No.2 and he became the owner of 2/3rd share and the remaining 1/3rd share belonged to Kamar Uddin, father of the plaintiff...... (2009) 785. ...... are not entitled to such and order in a suit so framed. We find no merit in this petition which is accordingly dismissed. Ed. This Case is also Reported in: VI ADC (2009) 785. ..

Category: Property Law | Date: | Hits: 33

Md. Suman Mia Vs. Falani Begum and others, 2008, 37 CLC (AD)

....nying the material allegation made in the plaint contending, inter-alia, that the suit is not maintainable and that the suit is false. The defendants' case, in short, is that defendant No.1 became owner and pos­sessor of 8 (eight) decimals of the suit plot by inheritance and was in possessio...... Appellate Division (Civil) Present: Mohammad Fazlul Karim J Md. Joynul Abedin J Md. Hassan Ameen J Md. Suman Mia being dead his heirs; Zabeda Khatoon and others…...Plaintiff-Petitioners Vs. Falani Begum and others……...... submissions of the learned Counsel for the petitioners deserve no consideration. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 775. ..

Category: Property Law | Date: | Hits: 38

Abdul Halim Vs. Md. Tatan Mia and others, 2008, 37 CLC (AD)

....nent injunction by way of restraining the petitioner from interfering with their in the suit land on the averments that the suit land, comprising an area .58 decimals of land, belonged to recorded owner Karim Munshi and after his death Rahman Munshi and Meghu Munshi, sons, got /8/ annas share ea......ision (Civil) Present: MM Ruhul Amin J Md. Abdul Matin J Md. Tafazzul Islam J Abdul Halim.........................Petitioner Vs. Md. Tatan Mia and others........Respondents Judgment January 9, 2008.   Lawyers ......ity or infirmity in the decision of the High Court Division so as to call for any interference. The petition is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 763. ..

Category: Property Law | Date: | Hits: 26

Superintendent Engineer, RHD Sylhet & others Vs. Md. Eunus & Brother (Pvt) Ltd. & ors, 2009, 38 CLC (AD)

.... to the said clause in the circumstances of the case. 43. The learned Counsel for the writ-petitioner submitted that the contract being entered into in between the Government of Bangladesh, as the owner, and the writ-petitioner, as the contractor, and the money involved in the contract-work being......244-246, 248-50 of 2005) Luthfar Rahman…................Appellant (In Civil Appeal No. 245 of 2005) Ohiduzzaman Chowdhury......Appellant (In Civil Appeal No. 247 of 2005) Vs. Md. Eunus and Brother (Pvt.) Ltd…............. Respondents (In all the Appeals) And Md. Eunus and Brot......already done in accordance law, in full and final settlement of the claims of the writ-petitioner under the contracts. Ed. This Case is also Reported in: VI ADC (2009) 736, 31 BLD (AD) (2011) 1. ..

Category: Civil Law | Date: | Hits: 212

Md. Sohrabuddin Molla Vs. Aminul Islam and others, 2004, 33 CLC (AD)

.... Shamsuddin by a registered deed of gift dated 04.11.1936. Shamsuddin and Atarjan sold the suit land to Abdul Wahed, the predecessor-in-interest of the plaintiff. In this way the plaintiffs became owner of the suit land. 3. The defendant Nos.1-3 contested the suit by filing written statem......Appellate Division (Civil) Present: Md. Ruhul Amin J MM Ruhul Amin J Md. Sohrabuddin Molla.................................Petitioner Vs. Aminul Islam and others..............................Respondents Judgment February 25, 2004. ......ircumstances, we find no illegality in the judgment of the High Court Division. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: 14 MLR (AD) (2009) 399. ..

Category: Property Law | Date: | Hits: 22

Islami Bank Bangladesh Ltd. Vs. Commissioner of Taxes, Companies Circle-19, 2008, 37 CLC (AD)

....the Zakat.) 5. The wealth must be upto 'Nisab' and the person upon whom Zakat is obliga­tory must not be indebted to the 'Nisab' amount of wealth. 6. He must have complete ownership over the wealth, and 7. The wealth must remain with the per­son concerne......instructed by Mvi Md Wahidullah, Advocate-on-Record—For the Petitioner. Not represented— the Respondent Civil Review Petition Nos. 10-12 of 2008. (From the Judgment and Order dated September 3, 2007 passed by the Appellate Division in Civil Petition for Leave to ......ill dismiss the review petitions. Order of the Court The Review petitions are dismissed. Ed. This Case is also Reported in: 14 BLC (AD) (2009) 145 ; 29 BLD (AD) 2009, 139. ..

Category: Fiscal/Taxation Law | Date: | Hits: 145