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Ali Akbar (Md) and others Vs. Sakina Begum and others, 2002, 31 CLC (HCD)

....h of Alimullah on 18­-10‑1976, his sons and daughters appointed their mother Hasina Begum as their duly constituted attorney by a registered power of attorney dated 5-­12‑1977. So empowered she transferred number of properties with the concurrence of all her sons and daughters. After such tran...... a receiver of the suit property. 2. Short facts for disposal of the appeal is that respondent Nos. 1 to 4 as plaintiffs instituted the suit against the appellants and another for declaration that deed of partition being No. 8692 executed on 10‑8‑1991 and registered on 14‑8‑1991 by defend..

Category: Property Law | Date: | Hits: 69

Abdus Samad and others Vs. Md. Gafur and others, 2003, 32 CLC (HCD)

.... not been filed with ad valorem court fee over the same it is not maintainable. 4. Eventually the suit was taken up for hearing by the learned Assistant Judge, Additional Court to which it was transferred by the District Judge under section 24 of the Code of Civil Procedure. Thereafter, witne......le is that the opposite parties as plaintiffs instituted Title Suit No. 146 of 2000 before the Assistant Judge. Additional Court No.1, Dhaka seeking a decree for declaration of title, cancellation of deed, connection of record of right, recovery of khas possession and for permanent injunction, imple..

Category: Civil Law | Date: | Hits: 114

Shibu Pada Acharjee Vs. State, 2003, 32 CLC (HCD)

.... Md Afsaruddin on receipt of First Information Report took up investigation, examined witnesses under section 161 of The Code of Criminal Procedure. He could not conclude investigation in view of his transfer. 18. PW 12 Sub‑Inspector of Police Prasanta Paul completed investigation and laid char......ate of Haryana, AIR 1980 SC 1252 held: To go by obsolescent demands for substantial corroboration is to sacrifice commonsense in favour of an artificial concoction called "Judicial" probability. Indeed, the Court loses its credibility if it rebels against realism. The law court is not an unnatura..

Category: Criminal Law | Date: | Hits: 64

Chitta Ranjan Das @ Chitta Ranjan Sinha Vs. Shashi Mohan Das and another, 2004, 33 CLC (HCD)

....s is an old pending case, the learned Senior Special Judge, Sunamganj is directed to make disposal of the case expeditiously. Ed. This Case is also Reported in: 56 DLR (HCD) (2004) 276. ......enior Special Judge, Sunamganj alleging that he and his brother Hari Mohan were owners of the land in plot No. 1914 appertaining to Khatian No.70. But the accused Chitta Ranjan Sinha created a forged deed bearing No. 8258 dated 18-10‑1960 in which his father was shown purchaser of the property and..

Category: Criminal Law | Date: | Hits: 42

Sultan Mahmud Chowdhury Vs. Secretary, Ministry of Public Works and Urban Development & others, 2004, 33 CLC (HCD)

....actory for making small iron and/or steel products could not be said to be said intended by the parties. 38. The land no doubt belonged to the Republic and on behalf of the Republic, the President transferred the land to the plaintiff by way of lease for 99 years. An authorised officer of the Min......laintiff. 3. Plaint case, in short, is that he got allotment of the suit plot measuring about 412.33 square yards by a letter dated 14‑5‑1980. On payment of the requisite fees of Taka 68,581 a deed of lease was executed and registered on 4‑4‑84 leasing out the suit plot for 99 years. Same..

Category: Property Law | Date: | Hits: 73

Monju Mia and others Vs. Shiraj Mia and others, 2002, 31 CLC (HCD)

....ule are that on 25‑9‑1991 opposite party Nos.1 to 4 as plaintiffs instituted Title Suit No. 62 of 1991 against defendant No.1 and others for declaration of title in the suit land. The suit was on transfer to the aforesaid Court and renumbered as Title Suit No. 46 of 1998. Petitioners made an app......e of the Rule on 10‑11‑1999 is hereby recalled and vacated. The learned Subordinate Judge is directed. Communicate at once. Ed. This Case is also Reported in: 56 DLR (HCD) (2004) 264. ..

Category: Property Law | Date: | Hits: 61

Matiur Rahman (Md) Vs. Nuru Sikdar and others, 2003, 32 CLC (HCD)

....the petitioner, submits that tile learned Additional District Magistrate discharged the accused‑opposite parties beyond any legal norm. By his impugned order he took into consideration the deeds of transfer submitted by the accused-opposite parties in support of their title to the disputed land. H......cate for the petitioner, submits that tile learned Additional District Magistrate discharged the accused‑opposite parties beyond any legal norm. By his impugned order he took into consideration the deeds of transfer submitted by the accused-opposite parties in support of their title to the dispute..

Category: Administrative Law | Date: | Hits: 223

Joynal Abedin (Md) Vs. Gurupada Chakraborty and others, 2002, 31 CLC (HCD)

.... Communicate the order at once to the learned Senior Assistant Judge, Chandina in Comilla for his information and necessary action. Ed. This Case is also Reported in: 56 DLR (HCD) (2004) 230. ......his constituted attorney. 2. The opposite party No.1 as plaintiff instituted Title Suit No. 6 of 1994 in the Court of the Assistant Judge, Chandina in Comilla for cancellation of the disputed sale deed as being forged, fraudulent and without consideration and also for recovery for possession in t..

Category: Property Law | Date: | Hits: 65

Salahuddin Talukder (Md) Vs. Government of the People's Republic of Bangladesh, 2002, 31 CLC (HCD)

....plated under Articles 27 and 31 of the Constitution inasmuch as the petitioner has been discriminated with other Government Servants by placing him to hold a post of lower grade simply in the name of transfer and that in the seniority list dated on 25‑5‑1998 he was at Serial No. 48 and one Abdul......r, Appraiser and others so far relates to the petitioner is hereby declared to have been passed without any lawful authority. Ed. This Case is also Reported in: 56 DLR (HCD) (2004) 161. ..

Category: Employment/Service Law | Date: | Hits: 116

Md. Abdur Rashid Akand Vs. Md. Raisuddin and others, 2010, 39 CLC (AD)

....ality in the said exercise of power in this case. There is no merit in this petition. The petition is accordingly dismissed. This Case is also Reported in: 16 MLR (AD) (2011) 63, VIII ADC (2011) 39.......stituted the above suit for declaration of title in the suit land and recovery of khas possession in respect of .26 acres of land described in schedule ' Kha' to the plaint and for declaring that the deed of exchange dated 21st January, 1991 is illegal and void. According to the plaintiff, he acquir..

Category: Property Law | Date: | Hits: 48

Syed Afsaruddin Vs. Bangladesh, represented by the Secretary, Ministry of Works, Government of the People's Republic of Bangladesh and others, 2009, 38 CLC (AD)

....and thus there is no merit in the leave petition. Accordingly, the petition for leave to appeal is dismissed Ed. This Case is also Reported in: 16 MLR (AD) (2011) 49, 63 DLR (AD) (2011) 127. ...... to be the purchaser-owner of the case property on the basis of an agreement for sale dated 21.01.1972 with the original lessee of the case property and that the writ petitioner got the required sale deed executed and registered through Court by filing Title Suit No.121 of 1981 in the Court of Subor..

Category: Property Law | Date: | Hits: 54

Mazharul Haque Qureishi Vs. Giridhari Rishi and others, 1998, 27 CLC (HCD)

....er as plaintiff instituted a Suit m the Court of the Subordinate Judge, Dhaka being Title Suit No. 1036 of 1995, for partition of the suit property by metes and bounds. Subsequently the said suit was transferred to the Court of the Subordinate Judge (Arbitration), Dhaka and the same was renumbered a...... Title Suit No.189 of 1992. Opposite party Nos. 1-5 thereafter filed a suit in the Court of the Assistant Judge, Savar against the present petitioner and others praying for a declaration that sale deed No. 1950 dated 18-2-59 is void and inoperative by which the present petitioner or his mother di..

Category: Property Law | Date: | Hits: 57

Islamic Foundation Bangladesh Vs. Firoz Alam and others, 1997, 26 CLC (HCD)

....r 24-12-71 along with his other family members he was killed by the miscreants and since then none of his relations and friends ever heard of him. He also deposed that before his death Ismail did not transfer his leasehold right in respect of the suit shop to anyone else and after his death his lone......1-11-1995 passed by this Court staying the operation of the impugned judgment and decree passed by the trial Court is hereby vacated. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 141. ..

Category: Property Law | Date: | Hits: 116

Mainul Haque (Md.) Vs. Secretary, Ministry of Water Resources, Government of the People’s Republic of Bangladesh, 1998, 27 CLC (HCD)

....oresaid post in consideration of his service record. The letter of confirmation has been annexed as Annexure-B to this petition. The petitioner was posted to the Serajgonj O & M Division, BWDB on transfer from Dhaka Food for Works Division vide Board’s Memo No. 1347- WDB(ADM) B-B-1/1p2/89 1st ......efits he is entitled to get under the aforesaid Bangladesh Water Development Board (Employees) Service Rules, 1982, i.e. under the law. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 136...

Category: Employment/Service Law | Date: | Hits: 72

Tahera Khatun Bibi and others Vs. Abdul Jalil Mandal and others, 1998, 27 CLC (HCD)

....d indolence on his part cannot constitute estoppel unless by conduct the pre emptor is proved to be in loco parentis with the pre-emptee and he has taken an active part in bringing about the disputed transfer. In the instant case, I find that the petitioners have failed to prove their plea of waiver......ption is allowed. Send down the lower Court records at once. The order of status quo granted earlier by this Court stands vacated. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 134. ..

Category: Property Law | Date: | Hits: 56

Md. Nasirullah & other Vs. Md. Ziauddin Khan & others, 2007, 36 CLC (AD)

....5930 of 2000 making the Rule absolute. 2. The plaintiffs instituted Title Suit No.112 of 1994 in the First Court of the Assistant Judge, Dhaka for a decree for redemption of mortgage. The suit was transferred to the Court of Senior Assistant Judge, Nawabganj, Dhaka and was renumbered as Title Sui......ad subsequently died issue less leaving behind his sister Kadbanu who inherited the share of her brother Dil Mohammad and while in possession she mortgaged the 'Kha' schedule property by a registered deed dated 31.08.1936 in favour of one Yasin Khan. Kadbanu Bewa died before redemption of the mortga..

Category: Property Law | Date: | Hits: 60

Islami Bank Bangladesh Ltd. Vs. District Anti-Corruption Officer and another, 2001, 30 CLC (HCD)

.... Chittagong for examination and seizure under section 94(1) of the Code of Criminal Procedure. According to respondent No. 1, the said documents were required for preliminary inquiry of the matter of transfer of huge sums through TT and MT by different Banks including petitioner Bank from Nababganj ......s are made without any lawful authority and are of no legal effect. In the result the Rule is made absolute without any order as to costs. Ed. This Case is also Reported in: 55 DLR (2003) 233...

Category: Anti-Corruption Laws | Date: | Hits: 153

Dhaka International University Vs. Secretary, Ministry of Education and others, 1997, 26 CLC (HCD)

....s have been published are entitled to certificate of the degree. In the result, the Rule is made absolute. No order as to costs. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 91. ......ble Minister for Irrigation and Water Development inaugurated the University. A sum of Taka 4,00,000.00 was also paid to the owner for construction of another building adjacent to the University. The deed was also registered and submitted to the Ministry and to the Grants Commission. The University ..

Category: Others | Date: | Hits: 104

Norendra Chandra Dash and others Vs. Md. Solaiman Chowdhury & others, 1997, 26 CLC (HCD)

.... In the result, the Rule is made absolute. The impugned order dated 2-3-91 is thus set aside. There will be no order as to costs. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 81. ......1-4 through false personation created 3 forged kabalas alleged to have been land which they purchased from defendant No.5. It is further stated that defendant No.5 never executed and registered those deeds in favour of defendant Nos. 1-4. 4. Defendant Nos.2-4 entered appearance and filed a joint ..

Category: Property Law | Date: | Hits: 98

Muhammadullah Vs. Sessions Judge and others, 1998, 27 CLC (HCD)

....B of the Penal Code and after submission of the charge-sheet the case was registered as GR Case No.1 of 1983. When the case was pending in the Court of Sessions Judge, Noakhali for trial the case was transferred to the Special Martial Law Court No.4, Comilla by the Zonal Martial Law Administrator, Z...... the premises we do not find any illegality in the impugned order. Accordingly, the Rule is discharged without any order as to cost. Ed. This Case is also Reported in: 52 DLR (HCD) (2000) 374...

Category: Criminal Law | Date: | Hits: 56