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....ring the plaintiffs' title in the suit land."
Petitioner is permitted to prepare the paper book out of Court in accordance with rules.
Ed.
This Case is also Reported in: VIII ADC (2011) 479.
......e patta would have been in their possession and that they also failed to show that they paid any rent to the ex-landlord after taking patta or to the Government after acquisition of rent receiving interest by the Government. This fact, according to the learned Attorney General, sufficiently prove..
Category: Property Law | Date: | Hits: 76
..... Since review does not mean rehearing of the matter, we find no merit in the review petition.
The petition is accordingly dismissed.
Ed.
This Case is also Reported in: VIII ADC (2011) 477.
......cted against the judgment and order dated 23rd August, 2009 of this Division in the Civil Petition No. 2149 of 2008.
2. Facts relevant for the disposal of this petition are that the predecessor-in-interest of the petitioner filed Miscellaneous Case No. 21 of 1963 in the Court of Subordinate Judge..
Category: Procedural Law | Date: | Hits: 76
Md. Kabir Hossain and others Vs. Abdur Razzak Mallik and others, 2010, 39 CLC (AD)
....ivision on the point of limitation. In view of the above, we find no merit in this petition. The petition is accordingly dismissed. Ed. This Case is also Reported in: VIII ADC (2011) 486. ......n Civil Revision No.3631 of 1994. 2. Short facts relevant for the disposal of this petition are that the Hossain Ali, Kanchan Bibi, Hason Bibi, Asia Begum, Abdul Gafur Hawlader, the predecessor-in-interest of the petitioner Nos. 1(a) to 5(d), Ahmed Ali Talukder, Abdul Aziz Talukder and Adam Ali T..Category: Property Law | Date: | Hits: 62
Tuglak Khan Vs. Md. Sultan Nasiruddin, 1991, 20 CLC (HCD)
....ces of the case, the parties are directed to bear their respective costs. The stay order granted by this Court earlier is vacated. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 615. ......a document, have been proved according to the last section, no evidence of any oral agreement or statement shall be admitted, as between the parties to any such instrument or their representatives in interest, for the purpose of contradicting, varying, adding to, or subtracting from, its terms: P..Category: Property Law | Date: | Hits: 87
Abul Ahsan Joardar Vs. Kazi Misbahul Alam, 1992, 21 CLC (HCD)
....e order of stay granted by this Court is vacated. Let a copy of this judgment and order be transmitted to the Court below at once. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 606. ......udicial inquiry, this section has no manner of application to this case. The impugned order is palpably illegal and it has caused gross miscarriage of justice. It should therefore be set aside in the interest of justice. In the result, the Rule is made absolute. The impugned order dated 9.10.89 o..Category: Criminal Law | Date: | Hits: 98
....spondents to restore possession of the disputed house to them.
The Rule is, accordingly, discharged without any order as to costs.
Ed.
This Case is also Reported in: 45 DLR (HCD) (1993) 601.
......ion showing enlistment of a house as an abandoned property is conclusive evidence that the said property is abandoned property and has vested in the Government is of course rebuttable and the persons interested are certainly entitled to rebut the presumption before a proper forum. We have perused th..
Category: Property Law | Date: | Hits: 89
Aftabur Rahman Vs. State, 1993, 22 CLC (HCD)
....asons aforesaid the Rule is made absolute and the order dated 22.6.93 and subsequent orders including the impugned order are set aside. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 593....... 22.6.93 at a time when he was already in jail custody, is sufficient compliance of section 167 Cr.P.C. and the Magistrate lawfully allowed remand of the accused for the sake of investigation in the interest of justice. Section 167(1) and (2) Cr.P.C. provides as under: “167. (1) Whenever an..Category: Criminal Law | Date: | Hits: 87
Sarwari Begum Vs. Bangladesh, 1993, 22 CLC (HCD)
....tioner within 3 months from this date. Considering the nature of the case the parties are directed to bear their respective costs. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 571. ......'s Over No.I of 1972), but does not include‑ (a) any property the owner of which is residing outside Bangladesh for any purpose which, in the opinion of the Government, is not prejudicial to the interest of Bangladesh; (b) any property which is in the possession or under the control of the G..Category: Property Law | Date: | Hits: 75
Narendra Nath Biswas Vs. Sunil Kumar Biswas, 1993, 22 CLC (HCD)
.... widow of Parash and applying for probate for the entire properties though he was not in possession of all the properties and his explanation that he gave the lands of Parash to the defendants as per testator's instruction was not satisfactory. 6. Mr. Md. Abdur Rahim, learned Advocate appearing ...... in the plaint itself though there is explanation in the will Ext. 2 about putting thumb impression by the executant in the kabala Ext. 1. Moreover, P.Ws. 2 & 7 are relations of P.W.1 and as such interested witnesses and though P.Ws. 6 & 7 signed the deposition sheets but they did not attest..Category: Property Law | Date: | Hits: 78
Nurul Islam Palan & and Others Vs. Harez Ali Palan & others, 1993, 22 CLC (HCD)
....em 7 annas 12 gandas share of the suit properties measuring 20.07 acres and the impugned judgment and decree is modified accordingly. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 558. ......ecree in this respect is liable to be modified. Exhibit B is an another deed of gift executed by Mazam Palan in favour of his daughter Alecha Khatoon, wife of defendant No.15, transferring his entire interest in the suit property to her. Plaintiffs claimed that plaintiff No.3 Jainu Palan, consanguin..Category: Property Law | Date: | Hits: 57
Dr. Malik Mehdi Kabir and others Vs. Rabit-Al-Alam-Al-Islami and others, 2010, 39 CLC (AD)
.... other appeal being Civil Appeal No.59 of 2006 is disposed of with the above observations. Ed. This Case is also Reported in: 16 MLR (AD) (2010) 273, 8 LG (AD) (2011) 177, VIII ADC (2011) 652. ......isional Commissioner or the Deputy Commissioner, as the case may be, for acquisition of the property under section 5 or the proviso to section 4(3) (b), as the case may be, for no fault of the person interested, all proceedings in respect of such acquisition shall, on the expiry of that period, stan..Category: Property Law | Date: | Hits: 93
Md. Nurul Hoque Sarkar @ Nurul Huq Vs. State and others, 2009, 38 CLC (AD)
.... law and we find no illegality in the judgment and order passed by the High Court Division and accordingly the petition is dismissed. Ed. This Case is also Reported in: 16 MLR (AD) (2010) 430. ......uments and used those to take away the said goods without the knowledge of the bank and thus the accused persons misappropriated the said goods causing financial loss of Tk.3, 97, 58,140/- (excluding interest). Hence the case. On the same day i.e. on 31.03.1994 the learned Magistrate, Second Class, ..Category: Criminal Law | Date: | Hits: 85
Sreemoti Shipra Shaha Vs. Judge, Artha Rin Adalat No.3, Dhaka and others, 2009, 38 CLC (AD)
....the above, we find no substance in the submissions of the learned Advocate for the petitioner. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: 16 MLR (AD) (2010)149.......ecting an application under Section 47/49/57 of the Artha Rin Adalat Ain, 2003 for acceptance of the principal amount of TK.3.00 lac and for redemption of the scheduled property subject to payment of interest of TK.6.00 lac as double of the principal amount by instalments within one year in view of ..Category: Civil Law | Date: | Hits: 94
Sheikh Hassan Vs. Mst. Shiriya Begum and another, 2009, 38 CLC (AD)
....cord arrived at a correct decision and accordingly there is no cogent reason to call for any interference. The petition is dismissed. Ed. This Case is also Reported in: 16 MLR (AD) (2010) 146.......ritten statement denying the material allegations made in the plaint and contending that the plaintiff is his sister in law and being a solvent person she used to give loan to others and thereby earn interest and the defendant No.1 had no intention to sell the suit land to her and that he transferre..Category: Property Law | Date: | Hits: 54
Bangladesh Steel & Engineering Corporation Vs. Arif A. Shekha and others, 2010, 39 CLC (AD)
....lawful authority. No case has been made out for review. We find no substance in this review petition which is accordingly dismissed. Ed. This Case is also Reported in: 16 MLR (AD) (2010)137. ......controversy with regard to the holding of share by the appellants in the company." The Government being satisfied as to the nationality of the writ petitioner appellants and as to their share holding interest released M/S. Bella Artifitex, admitted the claim of the writ appellants for payment of com..Category: Business or Commercial Law | Date: | Hits: 195
Md. Shahjahan Ali and others Vs. Most. Maleka Bewa and others, 2009, 38 CLC (AD)
.... of the materials on record arrived at a correct decision and accordingly no interference is called for. The petition is dismissed. Ed. This Case is also Reported in: 16 MLR (AD) (2010) 134. ......ssess the defendant No.1 from the suit land but failed and thus having failed to take delivery of possession of the suit land forcibly, they created a deed of exchange in favour of the predecessor in interest of the plaintiffs and thereafter the proceedings under section 144 of the Code of Criminal ..Category: Property Law | Date: | Hits: 57
.... decision and there is no illegality or infirmity in the above decision so as to call for any interference.
The petition is dismissed.
Ed.
This Case is also Reported in: 19 BLT (AD) (2011)163.......gal transportation of low quality fertilizer from the neighboring countries and thereafter, on 20.2.2000, the petitioner applied to the respondent No. 2 for segregation of the amount of Tk.275 lac as interest free blocked amount to be repaid in 40 quarterly installments from 15.3.2000 along with the..
Category: Civil Law | Date: | Hits: 77
MA Hashem Vs. Shamsul Kabir Humayun Reza and anothers, 2011, 40 CLC (HCD)
....or or defect in the decisions on merit. Thus, the appeals having no merit, its fail. In the result, all these appeals are dismissed. Ed. This Case is also Reported in: 16 BLC (2011) 830. ...... and possession was handed over to the principal defendant No.1 who duly mutated in respect of the suit land his name and has paid rents and taxes regularly to the government and having right, title, interest and possession, constructed some temporary structures in the schedule property and while pr..Category: Property Law | Date: | Hits: 100
Shah Alam and others Vs. Masuma Khatoon and others, 1993, 22 CLC (HCD)
....o merit in this appeal. In the result, the appeal is dismissed with cost and the judgment and decree of the court below is affirmed. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 541.......fendant No.7 Kadam Ali, father of proforma defendant No.8 Ahmmad Ali, proforma defendant No.10 Alamat Ali and Julmat Ali, husband of proforma defendant No.9 Mohammadi Begum, acquired right, title and interest in suit CS plot No.313 of CS Khatian No.362 Ext. 5(a) of Mouza Barabo along with other land..Category: Property Law | Date: | Hits: 55
Most. Shamsunnahar and Others Vs. Abdul Mannan and Others, 2010, 39 CLC (AD)
....ind no ground to interfere with the same. The appeal is, therefore, dismissed without any order as to costs. Ed. This Case is also Reported in: 31 BLD (AD) (2011) 198, 16 MLR (AD) (2011) 374. ......r dated 13th May, 2003 of a Single Bench of the High Court Division in Civil Revision No.6768 of 2001. 2. Short facts relevant for the disposal of the appeal are that one Ghana Mia, predecessor-in-interest of the appellants, instituted Title Suit No.53 of 1990 in the Second Court of Subordinate J..Category: Property Law | Date: | Hits: 49
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