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Saleha Khatun and others Vs. Fetema Hajura and others, 2000, 29 CLC (HCD)
.... wherein the defendant has been in peaceful possession, that deeds created by the plaintiff are antedated, and forged and that the suit is liable to be dismissed. 5. That subsequently the suit was transferred to the Court of Assistant Judge Additional Court Rajshahi and was renumbered as OC suit ......two sons— Kalipada Roy and Devi Pada Roy whose names were recorded in SA Khatian. Thereafter said Kalipada and Devi Pada sold out the suit property along with others to plaintiff by registered sale deed dated 11-8-1969 and delivered possession. During Revisional settlement suit property has been w..Category: Property Law | Date: | Hits: 71
Manager, Bangladseh Krishi Bank and others Vs. Al-Haj Md. Nurul Islam & another, 1999, 28 CLC (HCD)
....y set aside and Money Suit No.1 of 1991 of the Court of Subordinate Judge, Munshiganj in dismissed. There shall be no order as to cost. Ed. This Case is also Reported in: 52 DLR (2000) 434. ......nted loan to the plaintiff as per condition contained in the Annexure to the sanction letter and against DP Note, letter of acceptance, letter of continuity, revival letter etc, and against mortgagee deed subsequently registered in favour of the Bank but in gross violation of those conditions the co..Category: Civil Law | Date: | Hits: 101
Eser Ali Sheikh (Md.) Vs. Md. Mokarram Ali and others, 2001, 30 CLC (HCD)
....d holding was originally owned and possessed by Tusta Pramanik. Tusta Pramanik died leaving his wife Sharijan Nessa and a sister Sonabi Nessa as his only heirs and legal representatives. Sonabi Nessa transferred her share to Sharijan by a registered deed of sale dated 3-2-59. Thus being owner in pos......sta Pramanik. Tusta Pramanik died leaving his wife Sharijan Nessa and a sister Sonabi Nessa as his only heirs and legal representatives. Sonabi Nessa transferred her share to Sharijan by a registered deed of sale dated 3-2-59. Thus being owner in possession of the entire 41 shatak, Sharijan Nessa go..Category: Property Law | Date: | Hits: 91
Sazeda Khatun Vs. Asad Ali and others, 2001, 30 CLC (HCD)
....ication under section 96 of the State Acquisition and Tenancy Act, 1950, briefly the Act, as co-sharers in the above t of Senior Assistant Judge for preemption of the land measuring about 55 decimals transferred by opposite party No. 3 and 4 in favour of the petitioner by a deed of sale executed on ......iefly the Act, as co-sharers in the above t of Senior Assistant Judge for preemption of the land measuring about 55 decimals transferred by opposite party No. 3 and 4 in favour of the petitioner by a deed of sale executed on 4-5-98 and registered on 5-5-98 The petitioner opposed the application by f..Category: Property Law | Date: | Hits: 68
Sultan Mia (Md.) Vs. Hazi Md. Yusuf, 2001, 30 CLC (HCD)
....n of his homestead which has been schedule ‘kha’ to the decree. Petitioner filed an application for rejection of the said petition filed by the 3rd party opposite party on the ground that he is a transferee from the judgment-debtor and therefore, he has no locus standi to maintain an application......n the plaintiff and the heirs of Md. Jalaluddin, Pursuant thereto the decree was drawn up on 20-2-1997. Petitioner put the decree into execution in title execution case No.31 of 1997 and got the sale deed registered through Court and got possession of schedule ‘Ka’ land along with schedule ‘Kh..Category: Property Law | Date: | Hits: 82
Abdur Razzaque Mollah Vs. Md. Qayum Mollah & others, 2001, 30 CLC (HCD)
....d the said appeal was registered as Title appeal No.168 of 1996. The House Building Finance Corporation also filed another appeal against the said decree bearing No.183 of 1996. Both the appeals were transferred to the Court of the learned Additional District Judge who heard and disposed of them ana......ged papers alleged to have been executed by Mr. Abdur Razzaque Mollah (petitioner) claiming the disputed land and building to have been sold by Mr. Abdur Razzaque Mollah to the contractor by way of a deed of agreement for sale i.e. Bainapatra and with the ulterior motive the contractor subsequently ..Category: Civil Law | Date: | Hits: 71
Ibrahim (Md.) Vs. State, 2000, 29 CLC (HCD)
.... the conclusion of the trial; (c) send to that Court the records of the case and the documents and articles, if any which are to be produced in evidence; (d) notify the Public Prosecutor of the transfer of the case to the Court of Session.” 7. The expression ‘Police Report’ as used in......e record to the learned Sessions Judge Bagerhat in accordance with the provisions of section 205C of the Code of Criminal Procedure. Ed. This Case is also Reported in: 53 DLR (HCD) (2001) 533. ..Category: Criminal Law | Date: | Hits: 39
Government of Bangladesh Vs. ASM Ferojuddin Bhuiyan, 2000, 29 CLC (HCD)
....awful allottees. The decision was published through national newspapers and Government constituted a Valuation Committee. Valuation Committee valued the suit premises after enquiry and recommended to transfer suit property to plaintiff at the valuation decided by the committee. Sub-Divisional Engine......, committed a patent illegality in finding that the possession of plaintiff over the suit property was not proved. Plaintiff did not claim any title over the suit property rather he claimed to have a deed of sale executed and registered by Government in his favour. The finding of learned trial judge..Category: Property Law | Date: | Hits: 83
Sabed Ali Howlader and Others Vs. Abdul Barek and other, 1998, 27 CLC (HCD)
....n. Subsequently 0.9 acre of land from khatian No.9 was settled to Malancha Bibi which was ultimately recorded in the names of Somed Ali, Safed Ali and Wares Ali. The defendant Nos.2 and 3 on 31-12-84 transferred their respective shares to Shahabuddin, son of defendant No.1. The Government of Banglad......ly belonged to Sonanuddin and Asanuddin. Masudjan had no tide and interest in the suit property but 0.3333 acre of land was wrongly recorded in the name of Masudjan and, as such, he executed a Nadabi deed in favour of Sonamuddin and Asanuddin. Subsequently 0.9 acre of land from khatian No.9 was sett..Category: Property Law | Date: | Hits: 102
Sohail Thakur and others Vs. State, 1998, 27 CLC (HCD)
.... Judge. (3) They never misused the privilege of the bail. (4) Bail granted to them was rejected by the Additional Sessions Judge at the fag end of the Court’s hours and within one hour of the transfer without cogent grounds and even without calling upon the defence lawyers to cross-examine t......rar is directed to send copy of this judgment to the Sessions Judges for their future guidance and compliance with the directions made above. Ed. This Case is also Reported in: 51 DLR (1999) 199...Category: Criminal Law | Date: | Hits: 33
Abdur Rouf (Md.) and another Vs. State, 1998, 27 CLC (HCD)
....ndent of Police, Dinajpur and the then Anti-Corruption Officer, Pabna submitted memo of the evidence before the appropriate authority on completion of investigation and thereafter left the station on transfer. He proved the statement of accused Kamrul Huda Ext.6. He also seized another statement of ......irected to surrender to their bail bonds immediately to serve out the sentence imposed on them. Send down the lower Court records at once. Ed. This Case is also Reported in: 51 DLR (1999) 192...Category: Criminal Law | Date: | Hits: 104
Dil Mohammad Vs. Jamir Hossain and others, 2004, 33 CLC (HCD)
....structures thereon comprising of Plot # 8, Road # 3 of Block # A at Section # 10 of Mirpur Housing Estate fully described in the schedule to the plaint. On increase of the valuation, the suit was. On transfer to the aforesaid Court of Subordinate Judge, renumbered as Title Suit No. 82 of 1997. 3.......aintiff had no title. 9. Defendant Nos. 2 and 3 in their written statement stated that on 5-5-94 the suit land was allotted to the plaintiff. On 20-7-94 possession was delivered. On 19-10-95 lease deed was registered and on 23-4-95 name of plaintiff was mutated. Subsequently, as there was mistake..Category: Property Law | Date: | Hits: 83
Syed Abdul Alim alias Lalu Vs. DC, Dhaka and others, 2005, 34 CLC (HCD)
....(2)85 under sections 302/34 of the Peal Code was started which led to the commencement of GR Case No. 496 of 1985 by the Chief Metropolitan Magistrate, Dhaka on 25-2-85 and this case was subsequently transferred to the Special Martial Law Court No. 1. The police submitted charge-sheet against the pe......e of accused Quader; but did not depart in any material point PW." 14. We hardly need to reiterate that this Court while exercising jurisdiction under Article 102 of the Constitution cannot and indeed, will not consider and determine any point which cannot but be appreciated without taking any e..Category: Criminal Law | Date: | Hits: 52
Bengal Bricks Industries Ltd. Vs. Al-haj Md. Ishaque Chowdhury and others, 2004, 33 CLC (HCD)
....te Judge at Chittagong in respect of the suit property described in schedule-1 (Kha) to the plaint was forged, collusive, illegal, false, void and not binding upon the plaintiff. The suit was then on transfer renumbered Other Suit No. 42 of 1998 in the First Court of Subordinate Judge at Chittagong.......ed in the Third Court of Subordinate Judge for partition of said property amongst the partners. The suit ended in compromise. Defendant Nos. 3 to 5 got schedule property partitioned amongst them by a deed of partition being No. 2008 dated 1-11-84. Defendant No. 5 Anwara Begum got the property of sch..Category: Property Law | Date: | Hits: 71
Mahfuz Anam & others Vs. State and another, 2005, 34 CLC (HCD)
....dure, this Rule was issued calling upon the opposite parties to show cause as to why the CR Case No. 38 of 2001, now pending in the Court of Magistrate First Class, "Kha Anchal" Magura, should not be transferred to any other competent Court of other Sessions Division. 2. The relevant facts giving......rict Magistracy. Send a copy of the judgment and order of the concerned Court below immediately for information. Ed. This Case is also Reported in: 58 DLR (2006) 60, 26 BLD (HCD) (2006) 26. ..Category: Criminal Law | Date: | Hits: 100
Shamsul Haque Vs. Luna Fahmida Rahman and others, 2004, 33 CLC (HCD)
....d said Korfa tenancy was finally recorded in CS Khatian No. 124/20 in the name of Jadunath Sarker. While they were thus in possession by a registered deed of sale being No. 1612/38 dated 10-8-38 they transferred 12 decimals out of said 36 decimals of land to one Swadesh Ranjan Sarker and delivered p......der one rent receiver, Protap Chandra Das Gupta and said Korfa tenancy was finally recorded in CS Khatian No. 124/20 in the name of Jadunath Sarker. While they were thus in possession by a registered deed of sale being No. 1612/38 dated 10-8-38 they transferred 12 decimals out of said 36 decimals of..Category: Property Law | Date: | Hits: 139
Rupali Bank Ltd. and others Vs. Chairman, First Labour Court and others, 2005, 34 CLC (HCD)
....sion in 54 DLR 602 on the point, whether persons employed against a temporary post/position can be held to have been permanently employed because of some subsequent development in the service such as transfer from one post to another and from one place to another and or allowing those temporary work......ent worker. The present 9 (nine) Rules, therefore, must fail. In the result, all these Rules are discharged without any order as to costs. Ed. This Case is also Reported in: 58 DLR (2006) 46...Category: Employment/Service Law | Date: | Hits: 85
Abu Taher Vs. State, 2005, 34 CLC (HCD)
....e for post mortem examination for ascertaining cause of death. The doctor, who held autopsy of the dead body of the deceased, opined that death was due to asphyxia resulting from strangulation. After transfer of Sub Inspector Abdul Jalil Molla, the UD Case was investigated by Sub-Inspectors Syed Abu......ted in any other case. Send down the lower Court's records at once with a copy of the judgment for information and taking necessary action. Ed. This Case is also Reported in : 58 DLR (2006) 34. ..Category: Criminal Law | Date: | Hits: 41
World Tel Bangladesh Ltd. Vs. Government of Bangladesh and others, 2005, 34 CLC (HCD)
....llowed to go back upon it without restoring the benefit which he has received. But if the promisee comes to Court to enforce it he would receive no help from a court of law. As pointed out above, the transfer of an occupancy tenancy is not actually forbidden by law but is declared to be void. If the......ity in contradistinction with statutory authority that Article 145 is required to be complied with. 25. Let us have a glimpse over Article 145 of the Constitution: "Article 145. Contracts and deeds.- (1) All contracts and deeds made in exercise of the executive authority of the Republic shal..Category: Information Technology Law | Date: | Hits: 321
Anindra Bhusan Ghose Vs. Bangladesh Government, 2001, 30 CLC (HCD)
....2. Plaintiffs’ case, in short, is that the suit land originally belonged to Dhanobar and Nafar which is not disputed. They mortgaged the suit land to the defendant Nos.4 and 5 on 26-2-1957. But the transfer deed was a sale deed. The defendant Nos.4 and 5 returned the suit land to said Dhanobar and......iffs’ case, in short, is that the suit land originally belonged to Dhanobar and Nafar which is not disputed. They mortgaged the suit land to the defendant Nos.4 and 5 on 26-2-1957. But the transfer deed was a sale deed. The defendant Nos.4 and 5 returned the suit land to said Dhanobar and Nafar on..Category: Property Law | Date: | Hits: 85
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