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Shahin Mia Vs. Parul Begum wife of Ibrahim and others, 2009, 38 CLC (AD)

.... in accor­dance with the Rules. The order of stay granted earlier by this Division shall continue till disposal of the appeal. Ed. This Case is also Reported in: VII ADC (2010) 394. ......9 along with non suited plot no. 643 meas­uring an area of .39 decimals of land belonged to Samena Bibi and her name was rightly recorded in C.S. Khatian. Samena Khatun subsequently defaulted to pay rents and the Talukder was going to file a suit for realization of rent when Samena Bibi executed Is..

Category: Property Law | Date: | Hits: 43

Muhammad Ali Vs. Mrs. Khaleda Rahman and others, 2009, 38 CLC (AD)

.... case land was record­ed in the name of Mrs. Rabeya Khatun in pursuance of the Mutation Case No. 19455 of 1987 dated 17.11.1987 signed by the Tahsilder on 21.12.1987(Marked-X). It appears from those statements and doc­uments that the High Court Division right­ly found that there was a proper sepa......n in the name of the petitioner's mother was actu­ally made by a competent authority in accordance with the provision of section 117(1)(c) of the State Acquisition and Tenancy Act and the payment of rents in separate jama was proper, that as to whether the appellant's mother ceased to be a co-share..

Category: Property Law | Date: | Hits: 27

Saudi Arabian Airlines Corporation Vs. M/S. Saudi Bangladesh Services Company Limited, 2010, 39 CLC (AD)

....o decide the claim and the counter claim made by both the par­ties. The tribunal, on 08.04.2006, after considering the evidence on record, the relevant exhibits filed by both the parties the written statements of the parties and their replies and upon hearing the submis­sions of both the parties, ......ng to interfere with the judg­ment of the High Court Division in setting aside the award. Accordingly the leave petition is dismissed. Ed. This Case is also Reported in: VII ADC (2010) 361. ..

Category: Alternative Dispute Resolution | Date: | Hits: 207

Khondker Delwar Hossain Vs. Speaker, Bangladesh Jatiyo Shangshad (Parliament), 1998, 27 CLC (HCD)

....ies to the dispute ask­ing them to submit statement in writing, if any, on the dispute within such time as may be speci­fied by it. (2) After the expiry of the time speci­fied for submission of statements, the Election Commission shall hear the dispute on such date and at such time and place a......two B.N.P. members of Parliament, to the Election Commission within thirty days from the receipt of this order. Ed. This Case is also Reported in: 19 BLD (HCD) (1999) 45, 51 DLR (HCD) (1999) 1. ..

Category: Constitutional Law | Date: | Hits: 171

Anti Corruption Commission Vs. Barrister Mohammad Shahjahan Omar and another, 2009, 38 CLC (AD)

....1) of the Anti-Corruption Commission Act, 2004 to Mr. Md. Shajahan Omar, former State Minister of Law, Justice and Parliamentary Affairs of the immediate past Government demand­ing submission of the statements of all immovable and movable properties owned and possessed in his name and in the name o......ous Case No.1950 of 2009 is stayed with direction to the respondent No.1 to surrender before the concerned Court within 2 (two) weeks. Ed. This Case is also Reported in: VII ADC (2010) 349. ..

Category: Others | Date: | Hits: 106

State Vs. Md. Chowdhury Alam, 2009, 38 CLC (AD)

...., that on his enquiry he came to know that the respondent violated the Anti-Corruption Commissioner Act, 2004 by concealing the description of his property in his statement of asset. Scrutinizing his statements of asset as mentioned under the "Income/Received" heading the total income of the respond......nd the appeal being still pending this Court is not inclined to inter­fere at this stage and accordingly the peti­tion is dismissed. Ed. This Case is also Reported in: VII ADC (2010) 346. ..

Category: Others | Date: | Hits: 98

Government of Bangladesh and others Vs. Azema Khatun, 2009, 38 CLC (AD)

.... that the gazette notification dated 18.11.1961, so far relates to the suit land, is without law­ful authority, are hereby set aside. Ed. This Case is also Reported in: VII ADC (2010) 339. ......aring her owner-ship in public and has been growing paddy in the paddy field and rearing fish in the ponds peacefully, unin­terruptedly and without any objection from any quarter and has been paying rents to the Government; but in the middle of March, 1997 some people from the local forest office, ..

Category: Property Law | Date: | Hits: 21

Abdur Razzak and others Vs. Md. Habejuddin and others, 2010, 39 CLC (AD)

....t No.1 filed the instant suit for partition claiming a saham for 4.03 acres out of the suit-land. The suit was contested by the defendant Nos.1, 4, 5 and 2, 10 to 13 by filing separate set of written statements. 3. After hearing, the trial Court decreed the suit in part, allowing a saham of 3......e High Court Division is set aside with the above directions. Accordingly, the petition for leave to appeal is disposed of. Ed. This Case is also Reported in: VII ADC (2010) 336. ..

Category: Property Law | Date: | Hits: 19

Md. Abdus Subhan Vs. Md. Khademul and others, 2010, 39 CLC (AD)

....the balance considera­tion money, he executed and registered a sale deed on 29th September, 1994. 4. The defendant No.3 contested the suit by filing a written statement denying the material  statements made in the plaint contending, inter alia, that he was a co-sharer to the suit plot and b......arrived 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: VII ADC (2010) 324. ..

Category: Property Law | Date: | Hits: 26

Musammat Afroza Haque Vs. Miss Rowshan Ara Begum and others, 2009, 38 CLC (AD)

....ion which call for no interfer­ence by the Court. We find no substance in this review petition which is accordingly dismissed. Ed. This Case is also Reported in: VII ADC (2010) 314. ......sues learned trial Judge took into account pleadings of parties, evidence, both oral and documentary. Learned trial Judge considered two rent  receipts, Exhibits-2 and 2(ka) in respect of payment of rents and came to hold that plaintiff in respect of 462 shahasrangsha land paid rent on 14.12.1994 a..

Category: Property Law | Date: | Hits: 22

Bangladesh Vs. Md. Abdul Kayum Miah, 2010, 39 CLC (AD)

....cutive committee has been performing the func­tions  of the Faridpur Minibus Owners Group. 6. In support of his contention, the learned Deputy Attorney General has drawn our attention to the statements in paragraph 11 of the writ petition. It is stated therein that the writ petitioner was l......bove, we are not inclined to enter into the merit of the matter. The leave petition is disposed of with the above observations. Ed. This Case is also Reported in: VII ADC (2010) 304. ..

Category: Constitutional Law | Date: | Hits: 107

Abdul Gafur Vs. Md. Nuru Miah, 2009, 38 CLC (AD)

....e ground Nos.1 and 2. The petitioners in both the petitions are permitted to prepare paper books out of Court in accordance with Rules. Ed. This Case is also Reported in: VII ADC (2010) 279. ......Alam, also got their 2.18 acres of land, sub-divided on mutation and sep­arated the land from State Acquisition Khatian No.10 in Mutation and Sub-Division of Holding Case No. 301 of 1987-88 and paid rents separately and got rent receipts. That further case of Pre-emptee-petitioner was that after pu..

Category: Property Law | Date: | Hits: 27

Most. Monowara Begum and others Vs. Malanch Bibi and others, 2009, 38 CLC (AD)

....though the amendment of the plaint was made on 19th April, 1977, as soon as the prayer for amendment was allowed, the said amend­ment related back to the date of institution of the suit, as if those statements in the amendment petition were made in the original plaint. In that view of the matter th......at the orig­inal maliks of the holding Nalini and his wife Sarola left this Country for India in 1962 and the suit holding measuring an area of 1.72 acres of land was sold in auc­tion for arrear of rents. The plaintiff auc­tion purchased the same on 22nd October, 1962 in 3 (three) certificate cas..

Category: Property Law | Date: | Hits: 20

Mohiuddin Khan and another Vs. Shihamul Haque and others, 2009, 38 CLC (AD)

....plaint and a decree for declaration that the set­tlement deed described in schedule ‘B’ is not binding on the plaintiffs. Ed. This Case is also Reported in: 15 BLC (AD) (2010) 129. ......'A' of the plaint from Chaturi Tanti and got delivery of possession and by Mutation Case No.170/74-75 their names were mutated in SA Khatian No.406 in place of said Chaturi Tanti and they paid ground rents and got dakhilas. Against the above order of mutation, Shihamul Haque preferred Misc. Appeal C..

Category: Property Law | Date: | Hits: 29

Abdul Gafur and others Vs. Md. Abdur Razzak and others, 2009, 38 CLC (AD)

....made inconsistent statement about the auction sale. The defendants did not adduce any evidence in support of delivery of pos­session. The trial Court held that Mokai Mondal (D.W.7) made inconsistent statements regarding pos­session, inasmuch as, he stated that the auction sale was held about 33 ye......is allowed without any order as to costs. The judgment of the High Court Division is set aside and restored those of the Courts below. Ed. This Case is also Reported in: 62 DLR (AD) (2010) 242. ..

Category: Tenancy Law | Date: | Hits: 174

Habibur Rahman Mollah (Ex-Member of Parliament, Dhaka 4) Vs. State and another, 2010, 39 CLC (AD)

....han vs Riza Morshed, 5 BLC 2000, I am persuaded not to make any observation as to the applicability of these deci­sions at this stage of the proceedings. The appellant would be entitled to raise the statements of law argued in those cases in the trial Court. 17. The learned Judges of the High Co......ances of the case. The submissions of the learned Counsel merit no consideration. The appeal is dismissed. Ed. This Case is also Reported in: 62 DLR (AD) (2010) 233; 15 MLR (AD) (2010) 175. ..

Category: Anti-Corruption Laws | Date: | Hits: 195

State Vs. Azizul Haque, 2008, 37 CLC (AD)

....and visited the place of occurrence prepared a sketch map with index, pre­pared inquest report of the dead body of the deceased, sent the dead body to the morgue, seized the alamots and recorded the statements of witnesses under Section 161 of the Code of Criminal Procedure. Thereafter, on 05.05.20......failure of justice in acquitting Azizul Haque and others. We find no substance in this petition which is accordingly dismissed. Ed. This Case is also Reported in: VII ADC (2010) 267. ..

Category: Others | Date: | Hits: 63

Sohel alias Sanaullah alias Sohel Sanaullah Vs. State, 2008, 37 CLC (AD)

....eceased by Mizanur Rahman of Dhaka Medical Collage, Dhaka on 27.04.2001. 5. Thereafter on 30.04.2001 M. Md. Azharul Islam Khan, learned Magistrate, 1st Class, Dhaka recorded the confession­al statements of the petitioner under sec­tion 164 of the Code of Criminal Procedure in which he state....... 329 of 2002 pending in the court of the learned Additional Sessions Judge, 7th Court,  Dhaka be stayed till disposal of the appeal. Ed. This Case is also Reported in: VII ADC (2010) 261. ..

Category: Others | Date: | Hits: 83

Md. Sona Ullah Vs. Most. Morium Bewa and others, 2010, 39 CLC (AD)

....o add additional grounds. The order of status quo granted earlier by this court shall continue till disposal of the appeal. Ed. This Case is also Reported in: VII ADC (2010) 237. ......Ka' to the plaint. 3. Short fact of the plaint case is that 'Kha' schedule lands measuring an area of 2.39 acres belonged to Doyel Bibi, Jasiron Bibi, Bariron Bibi and Bacchani Bibi. They paid rents to the ex-landlord and subsequently surrendered the said lands to the landlord Tasiruddin Sark..

Category: Property Law | Date: | Hits: 18

S. M. Hossain and others Vs. Lahazuddin and others, 2009, 38 CLC (AD)

....il Petition for Leave to Appeal Nos. 94-95 of 2005 are also disposed of in terms of the judgment in this civil appeal. Ed. This case is also Reported in: VII (ADC) (2010) 206; 9 ADC (2012) 510. ......then submits that the High Court Division rightly held that from the plaint itself it was found that one Salaiman Chowdhury who claimed to be land Lord sold the suit property in auction for arrear of rents and in such auction sale the defendant No.1-S.M. Hossain purchased the suit property and again..

Category: Tenancy Law | Date: | Hits: 185