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Nasrin Akhter and another Vs. Sree Gouranga Lal Mukherjee and others, 2009, 38 CLC (AD)

....petitioners are permitted to pre­pare the paper book out of Court in accordance with Rules. The appeals to be heard one after another. Ed. This Case is also Reported in: VII ADC (2010) 940. ......from Hatem Ali Sharif and the plaintiff No.1 became owner and possessor of 6½ decimals of land by registered heba deed dated 17.2.1993 from Hatem Ali Sharif. The said 13 dec­imal s of land was duly recorded in the records of right in the name of Hatem Ali Sahrif in Plot No.205 of S.A. Khatian No.7......rdance with Rules. The appeals to be heard one after another. Ed. This Case is also Reported in: VII ADC (2010) 940. ......petitioners are permitted to pre­pare the paper book out of Court in accordance with Rules. The appeals to be heard one after another. Ed. This Case is also Reported in: VII ADC (2010) 940. ..

Category: Property Law | Date: | Hits: 45

Munshi Abdul Hai Vs. Sanjoy Kumar Shil, 2010, 39 CLC (AD)

....infirmity to interfere with the impugned judgment and order passed by the High Court Division. The petition is accordingly dis­missed. Ed. This Case is also Reported in: VII ADC (2010) 935. ......d 53 decimals of land to the defendant-petitioner by a registered sale deed dated 28.10.1970 within the knowledge of the plaintiff-respondent and that on the basis of said sale deed his name has been recorded in the record of right vide Mutation Case No.289 of 1988-89 and accordingly the suit is lia......n is accordingly dis­missed. Ed. This Case is also Reported in: VII ADC (2010) 935. ......infirmity to interfere with the impugned judgment and order passed by the High Court Division. The petition is accordingly dis­missed. Ed. This Case is also Reported in: VII ADC (2010) 935. ..

Category: Property Law | Date: | Hits: 32

Abdul Jalil Miah and another Vs. Siddiqur Rahman, 2009, 38 CLC (HCD)

....k. Schedule – “B” An area of more or less 2 kathas equivalent to .0330 acres of land being part of C.S. Plot No.107 corresponding to S.A. Plot No.12 corresponding to R.S. Plot No. 557 now wrongly included in R.S. Plot No.556 of Mouza old Tejkunipara, J.L. No. 89, now Tejkunipara, J.L. No......and of C.S. Plot Nos. 88 and 107 corresponding to S.A. Plot Nos. 62 and 12 corresponding to R.S. Plot No. 557 of Mouza old Tejkunipara, J.L. No. 80 now Tejgaon, J.L.No.3, P.S. Tejgaon, District Dhaka recorded in C.S. Khatian No. 175 corresponding to S.A. Khatian Nos. 43 and 13 corresponding to R.S. ...... BLD (HCD) (2009) 735. ......e rule is made absolute without any order as to the costs. Lower Courts records be sent down at once with a copy of the judgment. Ed. This Case is also Reported in: 29 BLD (HCD) (2009) 735. ..

Category: Property Law | Date: | Hits: 39

Alauddin Vs. State, 1999, 28 CLC (HCD)

....not on consideration of the report of investigation officer. Communicate the order to the Tribunal. Stay granted earlier stands vacated. Ed. This Case is also Reported in: 54 DLR (2002) 564. ......ing investigation. It is true that the investigation officer submitted charge-sheet under sections 366/379 of the Penal Code. In the charge-sheet we have also found that a statement of the victim was recorded under 164 CrPC on 4-7-1990 by the then Upazilla Magistrate, Baufal and in that statement sh......ation officer. Communicate the order to the Tribunal. Stay granted earlier stands vacated. Ed. This Case is also Reported in: 54 DLR (2002) 564. ......not on consideration of the report of investigation officer. Communicate the order to the Tribunal. Stay granted earlier stands vacated. Ed. This Case is also Reported in: 54 DLR (2002) 564. ..

Category: Criminal Law | Date: | Hits: 29

M/s. Nawab Askari Jute Mills Ltd. & others Vs. Giasuddin Ahmed, 1988, 17 CLC (HCD)

....ve relief has been claimed, the plaintiff must pay ad valorem court fee. 15. Section 8C of the Court Fees Act lays down that if the Court is of opinion that the subject-matter of any suit has been wrongly valued or where an objection is raised by the defendant as to the valu­ation of the relief ......ated. Let the suit proceed in accordance with law. In the facts and circumstances of the case there will be however no order as to cost. Ed. This Case is also Reported in: 41 DLR (1989) 144. ......ted in: 41 DLR (1989) 144. ......ated. Let the suit proceed in accordance with law. In the facts and circumstances of the case there will be however no order as to cost. Ed. This Case is also Reported in: 41 DLR (1989) 144. ..

Category: Civil Law | Date: | Hits: 159

President, National Tuberculo­sis Relief & Rehabilitation Society Vs. Md. Maftabuddin Chowdhury, 1988, 17 CLC (HCD)

....titioner for him to apply for leave before the Appellate Division the order of this court is stayed for a period of 2 (two) months from date. Ed. This Case is also Reported in: 41 DLR (1989) 103.......social voluntary organisation from the premises only to induct new tenants with en­hanced rent and salami. 4. On these pleading the parties fought out the suit. The Court of first instance having recorded the deposition of the witnesses and having considered the submissions made by the parties a......il Revisional Jurisdiction) Present: Anwarul Haque Chowdhury J President, National Tuberculo­sis Relief & Rehabilitation Society...................... Petitioners Vs. Md. Maftabuddin Chowdhury..................................................... Opposite Party Judgment Dece......titioner for him to apply for leave before the Appellate Division the order of this court is stayed for a period of 2 (two) months from date. Ed. This Case is also Reported in: 41 DLR (1989) 103...

Category: Property Law | Date: | Hits: 28

Md. Mokbul Hossain Vs. Md. Umar Ali and others, 2009, 38 CLC (HCD)

....her used to barga cultivate the land after it was sold to Balaram Sil. On a total non-consideration of the aforesaid material evidence of all the witnesses of the appellants the lower appellate Court wrongly arrived at a finding that the pre-emptees were possessing as bargaders and that the applicat....... Case No.11 of 2006 in the court of Assistant Judge Bhuringamari, Kurigram for preemption of the schedule property made in the preemption case. 3. The case of the pre-emptor is that the land was recorded and published in S.A. Khatian No.30 and 55 in the name of Kalu Sheikh who died leaving sons......er courts record immediately. Ed. This Case is also Reported in: 29 BLD (HCD) (2009) 727. ......S.A. Khatian No.30 and 55 in the name of Kalu Sheikh who died leaving sons namely Mokbul Hossain, Abul Kashem, Quader, Sabed and daughter Hazera Khatun and the land was recorded rightly in new dhiara khatian in their names. The pre-emptor is the brother of the seller, opposite party No.2 who transfe..

Category: Property Law | Date: | Hits: 36

Ramjan Ali Sowdagar and Ashraf Ali Khan Waqf Estate Vs. Most. Ayesha Khatoon, 2010, 39 CLC (AD)

....und by the High Court Division. In the premises, we do not find any merit in this petition. The petition is accordingly dis­missed. End. This Case is also Reported in: VII ADC (2010) 926. ......minor Fazlul Karim who at his own will surren­dered his guardianship by appoint­ing one Moulavi Ahmed Sobhan by executing general power of Attorney (Ext-C) and Fazal Karim on attaining his majority recorded his name on the suit property (Ext-D) and thereafter assessment list etc. Fazlul Karim also...... in this petition. The petition is accordingly dis­missed. End. This Case is also Reported in: VII ADC (2010) 926. ......und by the High Court Division. In the premises, we do not find any merit in this petition. The petition is accordingly dis­missed. End. This Case is also Reported in: VII ADC (2010) 926. ..

Category: Trust/Waqf Law | Date: | Hits: 194

Md. Nurun Nobi Vs. Khondaker Moklesur Rahman and others, 2010, 39 CLC (AD)

....ition to inter­fere with the impugned judgment and order passed by the High Court Division. The leave petition is accordingly dismissed. Ed. This Case is also Reported in: VII ADC (2010) 917.......d that the burden to prove that the exchange deed is a forged, collusive and antedated is on the defendant which the defendant has failed. The High Court Division also observed that the suit land was recorded in the record of right in the name of the plaintiff who paid rent mutating his name and acc......e petition is accordingly dismissed. Ed. This Case is also Reported in: VII ADC (2010) 917.......ition to inter­fere with the impugned judgment and order passed by the High Court Division. The leave petition is accordingly dismissed. Ed. This Case is also Reported in: VII ADC (2010) 917...

Category: Property Law | Date: | Hits: 31

Government of Bangladesh and others Vs. Mariam Begum and others, 2009, 38 CLC (AD)

....n, passed in dismissing the Civil Petition for Leave to Appeal. Since no new point has been raised this petition for review is dismissed. Ed. This Case is also Reported in: VII ADC (2010) 906....... the fil­ing of this review petition are that Rustam Ali and his wife the plaintiff-respondent No.7 are the admitted own­ers of the suit-land by purchase from one Abdul Ali, purchaser from the C.S. recorded tenant. The plaintiff-respon­dent Nos.1 to 6 are the sons and daugh­ters of late Rustam A......o new point has been raised this petition for review is dismissed. Ed. This Case is also Reported in: VII ADC (2010) 906.......n, passed in dismissing the Civil Petition for Leave to Appeal. Since no new point has been raised this petition for review is dismissed. Ed. This Case is also Reported in: VII ADC (2010) 906...

Category: Property Law | Date: | Hits: 33

Shah Alam (Md.) Vs. Abdul Hashem Bepari and others, 2000, 29 CLC (HCD)

....intiff shall be at liberty to get the decree executed through the Court in accordance with law. Send down the lower Court records at once. Ed. This Case is also Reported in: 54 DLR (2002) 550.......h the learned Courts below also concurrently found that the contesting defendant had duly received from the plaintiff taka 50000 as earnest money on 30-11-93. The learned Court of appeal after having recorded such a finding, however, refused a decree for the specific performance of the contract on t......resent: Gour Gopal Saha J Shah Alam (Md.) ……..Petitioner Vs. Abdul Hashem Bepari and others ……Opposite Parties Judgment January 19, 2000. Cases Referred To- Qazi Din Mohammad vs. Alhaj Arjun Ali Ansari 47 DLR (AD) 48. Lawyers Involved: Md. Shah Alam, Advoca......intiff shall be at liberty to get the decree executed through the Court in accordance with law. Send down the lower Court records at once. Ed. This Case is also Reported in: 54 DLR (2002) 550...

Category: Civil Law | Date: | Hits: 81

Solaiman (Md.) and others Vs. Md. Mosharaf Hossain Khan and others, 2002, 31 CLC (HCD)

....heir service book. A copy of this judgment be sent to the Secretary, Ministry of Sport and Ministry of Establishment for necessary action. Ed. This Case is also Reported in: 54 DLR (2002) 531.......her Court of law we take a view and seriously censor and warn them for their conduct and if they repeat such kind of act in future they will be severely dealt with. The aforesaid punishment should be recorded in their service book. A copy of this judgment be sent to the Secretary, Ministry of Spo......to the Secretary, Ministry of Sport and Ministry of Establishment for necessary action. Ed. This Case is also Reported in: 54 DLR (2002) 531.......heir service book. A copy of this judgment be sent to the Secretary, Ministry of Sport and Ministry of Establishment for necessary action. Ed. This Case is also Reported in: 54 DLR (2002) 531...

Category: Civil Law | Date: | Hits: 70

Syed Mahmudur Rahman alias Rumi Vs. State, 2009, 38 CLC (AD)

.... on record dismissed the appeal and there is no cogent reason to call for any inter­ference by this Division. The petition is dismissed. Ed. This Case is also Reported in: VII ADC (2010) 888.......him if chanda is not paid. 3. The said G.D. Entry was registered as Habigonj P.S Non F.I.R. Case No. 98 of 1999. The police then visited the place of occurrence and after examining the wit­nesses recorded their statements under section 161 of the Code of Criminal Procedure and after completion o......no cogent reason to call for any inter­ference by this Division. The petition is dismissed. Ed. This Case is also Reported in: VII ADC (2010) 888....... on record dismissed the appeal and there is no cogent reason to call for any inter­ference by this Division. The petition is dismissed. Ed. This Case is also Reported in: VII ADC (2010) 888...

Category: Criminal Law | Date: | Hits: 31

Md. Ruhul Amin and others Vs. Mohammad Forkan Ullah and another, 2010, 39 CLC (AD)

.... month. The preparation of paper books is dis­pensed with as prayed for. The petitioners are permitted to add the additional grounds. Ed. This Case is also Reported in: VII ADC (2010) 880....... month. The preparation of paper books is dis­pensed with as prayed for. The petitioners are permitted to add the additional grounds. Ed. This Case is also Reported in: VII ADC (2010) 880....... to add the additional grounds. Ed. This Case is also Reported in: VII ADC (2010) 880.......ppertaining to C.S. Khatian No. 243 corresponding to S.A. Khatian Nos. 244 and 245. The defendants namely Makhon Lal and his wife Dipali Rani were the owners of 3.89½ acres of land described in said khatians and they conjointly by a registered deed of Ewaznama dated 18.06.1987 transferred the land ..

Category: Property Law | Date: | Hits: 52

Abdul Noor and others Vs. Abdul Jabbar and others, 2009, 38 CLC (AD)

....erial or new ground for consideration. Thus we do find any merit in the Review Petition. Accordingly, the Review Petition is rejected. Ed. This Case is also Reported in: VII ADC (2010) 873.......idence of Angarjure, which was registered on 25th Falgun, 1322 B.S. and that when villagers of Angarjure were thus owning and possessing the same survey Plot No.790 was divided into two fragments and recorded as S.S. Plot No. 1529 in the name of the Government and S.S. Plot No.1546 in the name of Um...... Review Petition. Accordingly, the Review Petition is rejected. Ed. This Case is also Reported in: VII ADC (2010) 873.......erial or new ground for consideration. Thus we do find any merit in the Review Petition. Accordingly, the Review Petition is rejected. Ed. This Case is also Reported in: VII ADC (2010) 873...

Category: Property Law | Date: | Hits: 27

Md. Liaquat Ali Khan and another Vs. Md. Nazimuddin and another, 2010, 39 CLC (AD)

....have 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) 871.......een them Kalai got a share of 90 dec­imals of land and Ahmed got the rest 69 decimals out of 1.50 acres of land. During C.S. operation Kalai and Ahmed being found in possession their names were duly recorded to the extent of 1.59 acres of land. As they failed to pay rents, the landlord Ashutosh Ban...... petition is accordingly dismissed. Ed. This Case is also Reported in: VII ADC (2010) 871.......g, inter alia, that 1.59 acres of land of suit plot belonged to Kalai and Ahmed and both of them got 7912 dec­imals of land each, that Nabalakshmi Debya and others were the actual owners of the suit khatian and that C.S. recorded ten­ant Kalai died leaving behind two sons namely, Charag Ali and Re..

Category: Property Law | Date: | Hits: 30

Idrisur Rahman (Md.) and others Vs. Secretary, Ministry of Law, Justice and Parliamentary Affairs, Government of the People's Republic of Bangladesh, 2008, 37 CLC (HCD)

....f this Court directs the respondent in that regard. It is accordingly, ordered. The short order is treated as part of this judgment. Ed. This Case is also Reported in: 61 DLR (HCD) (2009) 523. ...... Justice Md. Shamsul Huda, Mr. Justice Abdur Razzak and Mr. Justice Hasan Foez Siddique through the Attorney-General at the lime of hearing by its order dated 27-5-03, which was however inadvertently recorded in the order sheet of Writ Petition No. 1543 of 2003. 6. Against said direction, a Civil...... that regard. It is accordingly, ordered. The short order is treated as part of this judgment. Ed. This Case is also Reported in: 61 DLR (HCD) (2009) 523. ......f this Court directs the respondent in that regard. It is accordingly, ordered. The short order is treated as part of this judgment. Ed. This Case is also Reported in: 61 DLR (HCD) (2009) 523. ..

Category: Constitutional Law | Date: | Hits: 252

Arshad Hossain Haider and others Vs. Suza Uddoula and others, 2010, 39 CLC (AD)

....ooks is dis­pensed with as prayed for. 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) 846.......ooks is dis­pensed with as prayed for. 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) 846.......continue till disposal of the appeal. Ed. This Case is also Reported in: VII ADC (2010) 846.......ooks is dis­pensed with as prayed for. 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) 846...

Category: Property Law | Date: | Hits: 32

Rabeya Khatun Vs. Sheikh Ashraful Islam and others, 2009, 38 CLC (AD)

....cree in Execution Case No. 9 of the 1971, but which could not be executed and deed of registration could not be made since there was no affidavit made by Narayan Chandra in the deed. S.A. khatian has wrongly been recorded in the names of defendant Nos. 2-9. Taking advantage of wrong recording in the......tion Case No. 9 of the 1971, but which could not be executed and deed of registration could not be made since there was no affidavit made by Narayan Chandra in the deed. S.A. khatian has wrongly been recorded in the names of defendant Nos. 2-9. Taking advantage of wrong recording in the record of ri......ngly, the petition is dismissed. Ed. This Case is also Reported in: VII ADC (2010) 815. ......sing those dated 21.06.1993 passed by the Assistant Judge, Additional Court No.2, Bagerhat in Title Suit No.290 of 1989. 2. The case of the plaintiff, in short, is that 59 decimals of land in C.S. khatian No.183 under mouza Sarui belonged to Sarat Chandra Mitra who died leaving behind two sons, R..

Category: Property Law | Date: | Hits: 33

Ismail Miah Vs. Bangladesh and others, 2009, 38 CLC (AD)

.... the above, we find no sub­stance in the submissions of the learned Counsel for the petitioner. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: VII ADC (2010) 811....... the above, we find no sub­stance in the submissions of the learned Counsel for the petitioner. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: VII ADC (2010) 811.......cordingly, the petition is dismissed. Ed. This Case is also Reported in: VII ADC (2010) 811.......0 acre, Dag No. 213, land 0.23 acre, Dag No.215, land 0.25 acre, Dag No. 217 part, land 0.50 acre, Dag No.221, land 0,55 acre, Dag No.222, land 0.22 acre, Dag No. 223, land 0.13 acre corresponding to khatian Nos.49,120,116, 53, 47, 42"; 59, 95 11, 99, 978 in total measuring about 4.53 acre of land w..

Category: Property Law | Date: | Hits: 25