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Saiful Hoque Vs. Bangladesh House Building Finance Corporation, 2009, 38 CLC (AD)

....at a correct decision. We therefore find no reason to interfere with the same. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: 17 BLT (AD) (2009) 187. ...... The said Zinnat Ali died leaving one widow, Hasimunnessa and two sons Jalal Uddin and Akkas Ali and thereafter Hasimunnessa died leaving the said two sons. The said Akkas Ali by registered kabala deed dated 13.12.1977 transferred his share in favour of Taklima Khatun (mother of the plaintiff) a..

Category: Property Law | Date: | Hits: 53

Bhawal Raj Court of Wards Estate Vs. Rasheda Begum and others, 2009, 38 CLC (AD)

....and will be of no effect in the eye of law. Accordingly with the above observations the leave petitions are dismissed. Ed. This Case is also Reported in: 14 MLR (AD) (2009) 401. ......952 and 29.02.1956 as well the ground rent payment receipts issued by the Government revenue office and earlier by the Bhawal Raj Court of Wards Estate and also the transfer made through registered deed of gift and having regard to the fact that the S.A. record of right and R.S. record of right ..

Category: Property Law | Date: | Hits: 67

Md. Bazlur Mohammad Vs. Bangladesh , 2008, 37 CLC (AD)

....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: VI ADC (2009) 799. ......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: VI ADC (2009) 799. ..

Category: Civil Law | Date: | Hits: 100

Zohiruddin Majumdar & others Vs. Salamatullah, 2008, 37 CLC (AD)

....on took a correct view in the mat­ter. We do not find any cogent reason to interfere with the same. 9. The leave petition is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 794. ......n No. 4375 of 2003 dis­charging the Rule. 2. Short facts are that the plaintiff insti­tuted Title Suit No.31 of 1992 in the Court of Senior Assistant Judge, Feni sadar for a declaration that the deed of gift dated 14.01.1981 executed by Salamatullah Majumder in favour of his sons by second wife..

Category: Tenancy Law | Date: | Hits: 155

Pulin Behari Bairagee and others Vs. Ananda Chandra Dakua and others, 2009, 38 CLC (AD)

....e judgment and decree. 12. In such view of the matter we find no substance in this petition which is accordingly dismissed. Ed. This Case is also Reported in: VI ADC (2009) 791. ......ase No.1165 under Section 54 of the State Acquisition an Tenancy Act, 1950 and the plaintiff him­self form the disputed land sold 19 acres of land on 27.08.1974 with the help of registered sale deed No. 1839 in favour of the defendant No.1 and 4 i.e. Pulin Bihari Bairagee and kalicharan Bair..

Category: Property Law | Date: | Hits: 27

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

.... 1121 and 0.12 decimal in plot No. 1128 is gifted. 8. It was also stated that the defendant No.1 is a stranger, he is not a co-sharer in the holding Nos. 414 or 200. But after execution and registration of the gift deed dated 14.01.1998, the defendant No.1 Md. Maruf Uddin Ahmed filed the ...... brief was that though the defendant-respondent No.1 is a stranger yet he obtained an ex parte judgment and order in Miscellaneous (Pre-emption) Case No.21 of 1998 on 06.09.1999 chal­lenging a deed of gift dated 04.01.1998 which was not maintainable under section 96(10) (a) of the State Acqu..

Category: Property Law | Date: | Hits: 33

Md. Abdul Wahab Vs. Abdul Motaleb and others, 2008, 37 CLC (AD)

....ns to believe that there is no merit in the submissions thereof and accordingly the petition for leave to appeal is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 784. ......ing with the decision of Civil Revision No.890 of 2002 dated 15-03-2003 and the High Court Division failed to consider that the kabala dated 15-03-1988 will shown that the nature of the land in the deed also shown as paddy land. He further submits that in view of fact the learned Single Judge of ..

Category: Property Law | Date: | Hits: 27

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

....t land and the plaintiff in good faith did not demand the receipt of the payment. Defendant No.1, Falani Begum was the full sister of aforesaid Magrab Ali who assured and promised the execution and registration of the saf-kabala, in favour of the plaintiff Defendant No.1 handed over the p...... 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

Abdur Rashid and others Vs. Md. Kamal Uddin Master and others, 2009, 38 CLC (AD)

....re 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: VI ADC (2009) 772. ......aring, discharged the Rule. 4. The learned counsel for the petitioners submits  that, the Courts below having found that the pre-emption case was filed on 6.3.1996 challenging the sale deed dated 31.12.1995 while the opposite party Nos.1-4 in original application for pre­emption,..

Category: Property Law | Date: | Hits: 23

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

....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. ......s Karim Munshi instead of Rahman Munshi; Alimuddin Munshi died leaving wife Sonabanu and two brothers Salim, Kalim; then Sonabanu gifted her entire share in favour of defen­dant No.1 by a heba deed dated 2.9.1987; Salim died leaving four sons and two daughters and they along with Kalim trans..

Category: Property Law | Date: | Hits: 26

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

....to be non-respon­sive and defaulters to comply with the requirements of tender and in furnishing the necessary/required papers and docu­ments including the "full particulars of the contractor's RHD registration book" which was decided at the 70th (2002-2003) meeting of RHD purchase commit­tee. Th......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

A.T.M. Nasiruddin & ors Vs. Abdul Khaleque being dead his heirs: MA Malek & ors, 2009, 38 CLC (AD)

....e review petitions the petitioners in fact are seeking rehearing which is not permissible in review. The review petitions are dismissed. Ed. This Case is also Reported in: ...... gave him a photocopy of typed stamp to him and requested him to read over the same but he, being an illiterate, got it read over by others and the petitioners with malafide intention fabricated a deed with the title ‘Angikarpatra’; the petitioners are not lessees but licencees; he r..

Category: Property Law | Date: | Hits: 48

Mrs. Zinnatul Ara & ors Vs. Government of the People’s Republic of Bangladesh, 2009, 38 CLC (AD)

....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:   ......in the country the hearing of the Rule was “stand over” but on 23.9.2008 the respondent No.3 Bank, inspite of the above order of “stand over” most illegally executed a sale deed in favour of the auction purchaser and that the petitioners, having no hand for such “st..

Category: Civil Law | Date: | Hits: 88

Md. Nazrul Islam and others Vs. Md. Abdur Rouf, 2009, 38 CLC (AD)

....ns and so 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:  ......ement but ultimately failed to submit written statement and then by the judgment and decree dated 13.2.2006 the suit was decreed exparte directing the petitioner No.1 to execute and register a sale deed in favour of the respondent No.1 within thirty days from the date of decree. The petitioner No..

Category: Property Law | Date: | Hits: 28

Major Md. Bazlul Huda (Artillery) and others Vs. State, 2009, 38 CLC (AD)_Part Five

....r Dalim delivered speeches for toppling the Government and as per their direction, they took ammunition with them. The testimony of this witness was not challenged by the defence in any manner. ......f and mental consent to a crime about to be committed by another does not make a man a conspirator, but quite a slight participation in the plan will be sufficient.”  667. Indeed, if A incites B to commit a crime and B agrees to do so, A and B will, semble, be guilty of co..

Category: Criminal Law | Date: | Hits: 228

Rowshan Ara Begum & ors Vs. Sitakundu Chandra Nath Chatuspaty Tole & ors, 2006, 35 CLC (AD)

....High Court Division we do not find any infirmity of the kind calling for interference. Accordingly the appeals are dismissed with costs. Ed. This Case is also Reported in: VI ADC (2009) 721. ......belonged to Sitakunda Mela Committee, that the plaintiff applied for land to the Sitakunda Mela Committee and the Sub-Divisional Officer on behalf of the Mela Committee gifted the land in suit by the deed of gift dated January 15, 1963 and handed over possession of the land so gift­ed to the plaint..

Category: Tenancy Law | Date: | Hits: 176

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

....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. ......d daughter Atarjan. Malu Mallik died childless and his share devolved upon his sister Shonajan. Thereafter, Shonajan transferred 1.20 decimals of land to her sister's son Shamsuddin by a registered deed of gift dated 04.11.1936. Shamsuddin and Atarjan sold the suit land to Abdul Wahed, the prede..

Category: Property Law | Date: | Hits: 22

Dira Dockyard and Engineers Ltd. & ors Vs. Bangladesh Shilpa Rin Sangstha & ors, 1994, 23 CLC (AD)

....y Nos. 7, 8 and 9 (appellants No.2, 3 and 4 in Civil Appeal No. 64 of 1989). There will be no order as to costs. Ed. This Case is also Reported in: 14 BLC (AD) (2009) 166. ......sion made on behalf of the Dockyard Group (OPs 6-9) appel­lants (all other submissions were rejected) that the directors of the Dockyard having furnished no letter of hypothecation, no mortgage deed of floatation charge, no irrevocable general power of attorney, no letter of guarantee and no..

Category: Business or Commercial Law | Date: | Hits: 311

Golam Rabbani Vs. Chairman, Court of Settlement and others, 2008, 37 CLC (AD)

....e circumstances, we do not find any cogent ground to review the impugned judgment, Accordingly, the review petition is dis­missed. Ed. This Case is also Reported in: 29 BLD (AD) (2009) 71. ......ur Jame Mosque burial graveyard and agree­ing to complete the sale, received Tk.10,000/- on 9.5.1975 and Tk. 6,000/- on 19.2.1979, Ultimately the respondent No.3 having re­fused to execute the sale deed, the writ peti­tioner filed Title Suit No. 984 of 1980 for Specific Performance of Contract an..

Category: Property Law | Date: | Hits: 32

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

....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. ...... section 29(1)(XXVII) of the Income Tax Ordinance? 37. The word Zakat means growth or purification and sadaqa which is derived from the root sidq, means truth and signifies a charit­able deed. But all sadaqas are not Zakat. The sadaqa which is obligatory is only Zakat. The word Zakat i..

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