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Roshanally Mohamed Harji and another Vs. AKM Zakir Hossain and another, 2010, 39 CLC (HCD)
....ut any order as to costs. Sent down the lower Court record. Communicate this order at once. Ed. This Case is also Reported in: 16 BLC (HCD) (2011) 85; 20 BLT (HCD) (2012) 532 . ......ut any order as to costs. Sent down the lower Court record. Communicate this order at once. Ed. This Case is also Reported in: 16 BLC (HCD) (2011) 85; 20 BLT (HCD) (2012) 532 . ..Category: Property Law | Date: 12 May, 2010 | Hits: 133
Aftab Automobiles Ltd Vs. Superintendent Customs, Excise & VA, 2010, 39 CLC (HCD)
....xhausting those forum the petitioner has filed the present writ petition which is not maintainable. (k) The question as to whether the petitioner took excess amount of rebate or not being a disputed question of fact, it cannot be decided in writ jurisdiction. The writ petition is misconcei...... 33. The order of stay granted earlier by the court stands vacated. Communicate the judgment to the respondents at once. Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 138. ..Category: Fiscal/Taxation Law | Date: 10 May, 2010 | Hits: 6
Amina Khatun and others Vs. State and others, 2010, 39 CLC (HCD)
....n Title Suit No.351 of 1994 is set-aside. Title Suit No.351 of 1994 is decreed. Send down the lower Court records at once. Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 106. ...... plaint case that the suit land along with other lands were belonged to Krishna Chandra Das, Kali Charan Das, Dagu Charan Das and Boikuntha Chandra Das and their names were recorded in the settlement khatian in equal 4 annas share. The suit land, after the death of the aforesaid record tenants devol..Category: Property Law | Date: 26 Apr, 2010 | Hits: 9
Mosammat Rehana Akhter Vs. Rizia Begum and others, 2010, 39 CLC (HCD)
.... section 67 of the Registration Act, but the learned appellate Court committed error in allowing the appeal without considering the case of the pre-emptee that the preemptor is not a co-sharer in the disputed khatian which has been wrongly recorded in the name of his predecessor Foiz Ahmed who has n......n the Court of Assistant Judge, Mirsarai Sadar, Chittagong, under section 96 of the State Acquisition and Tenancy Act for preemption of the case land, stating, in short that the total land under B.S. khatian No.1196 belonged to Jabeda Khatun, Md. Yeasin, Foyez Ahmad and Aslam Miah; the said Jobeda K..Category: Property Law | Date: 13 Jan, 2010 | Hits: 56
....
aside. The learned Advocate for the petitioners further submitted that the
plaintiffs admittedly purchased some land from the contesting defendant No.2 and
non contesting defendant No.4-9, of the disputed plot No.138 vide registered deed
dated 23.03.1979 and 18.07.1979 exhibit-4 and 4'ka' and t...... not binding upon plaintiffs and for recovery of khas
possession in respect of Ga schedule property described in the schedule of the
plaint, stating in short that the suit land appertaining to C.S. khatian
No.569, Plot No.138, measuring an area of land of 2.04 acre and C.S. Plot No.590
measuring..
Category: Property Law | Date: 6 Jan, 2010 | Hits: 8
Paresh Chandra Biswas Vs. Sree Sree Shashan Kalimata Idol and others, 2009, 38 CLC (HCD)
....he result, the appeal is dismissed with costs. The connected Rule is discharged. Send down the lower Court records at once. Ed. This Case is also Reported in:61 DLR (HCD) (2009) 679. ......t being the trust property of the deity, the suit, in accordance with section 92, is not legally maintainable. 4. Plaintiffs have examined 5 witnesses in support of their claim and exhibited the khatian and the deed of endowment. On the other hand, the defendant has examined 6 witnesses and exh..Category: Others, Property Law | Date: 16 Dec, 2009 | Hits: 94
Zahirul Islam & others Vs. Government of Bangladesh others, 2009, 38 CLC (HCD)
....Dhaka prepared in the name of the petitioners to the settlement press for final publication. Ed. This Case is also Reported in: 65 DLR (HCD) (2013) 168 ......bsp; District-Dhaka were recorded in the names of Hazi Zahirul Islam, Jainal Abedin, Hazi Mahbubul Islam, Mojibul Islam (the petitioner Nos.1, 2, 3, 5) and 8 others, 0.4050 acre of land covered by DP khatian No.155 were recorded in the name of Hazi Zahirul Islam (The Petitioner No.1), 0.0730 ac..Category: Property Law, Tenancy Law | Date: 28 Oct, 2009 | Hits: 5
Dr. Mir Jamal Uddin and others Vs. Dr. Nawzesh Farid and others, 2009, 38 CLC (AD)
....on that the writ petitions are not maintainable has got no substance. 13. The next question is whether the PSC made its recommendations against the vacant posts. Apparently, it did and it is not disputed in the writ petitions. The moot question is whether the PSC made its recommendations agains......consideration. Accordingly, the petitions are dismissed. Ed. This Case is also Reported in: 15 MLR (AD) (2010) 196, 15 BLC (AD) (2010) 161; VII ADC (2010) 560, 31 BLD (AD) (2011) 25. ..Category: Employment/Service Law | Date: 14 Oct, 2009 | Hits: 118
.... observed in paragraph no:-
"5. Mr. Md.
Jani Alam, leaned Advocate appearing on behalf of the preemptor opposite party
No.1 submits that the State Acquisition Khatian
having recorded the disputed land in the name of the pre-emptor it should be
presumed that the pre-emptor is a co-share......tion money
along with the compensation, so deposited by the pre-emptor.
Send down the lower
Courts records immediately.
Ed.
This Case
is also Reported in: 30 BLD (HCD) (2010) 318.
..
Category: Property Law | Date: 25 Aug, 2009 | Hits: 3
Shamsul Hossain Vs. Anwar Hossain and others, 2009, 38 CLC (HCD)
....st Appeal No. 48 of 1999 with First Appeal No. 330 of 1999 are allowed. No costs. Send down the lower Court Records at once. Ed. This Case is also Reported in: 65 DLR (HCD) (2013) 74 ......e, in short, is that "Ka" schedule land was originally belonged to Sree Laksmi Narayan Thakur who got permanent settlement and while in possession, his name was finally published in CS khatian. Thereafter, he transferred the suit land to M/s Rally Brothers, a famous Jute Company under..Category: Property Law | Date: 20 Aug, 2009 | Hits: 3
Dr. Mohiuddin Khan Alamgir Vs. ACC and another, 2009, 38 CLC (HCD)
....d. Since the appellant is on bail, let him be released from the bail bond. Send down the lower Court records at once. Ed. This Case is also Reported in: 15 BLC (HCD) (2010) 107. ......hat area. He did not inquire about 4 brothers and 4 sisters of the appellant. Zibon Krishna Roy was not in charge of this case while he handed over the papers to him. He examined the parcha, mutation khatian of Gulbahar wherein he saw the name of the brothers and sisters of the appellant. He did not..Category: Anti-Corruption Laws | Date: 13 Jul, 2009 | Hits: 286
Most. Abu Tara Vs. Md. Abdur Rahim Khan and others, 2009, 38 CLC (HCD)
.... put in the Bainanama and the specimen signature put by her in front of the Court was identical. The learned Court was fully empowered to compare and tally the signature and hand writing of person if disputed under Section 73 of the Evidence Act. In this connection I like to cite the decision in the...... rule is discharged without any order as to costs. Lower Courts records be sent down at once with a copy of the Judgment. Ed. This Case is also Reported in: 17 MLR (HCD) (2012) 449. ..Category: Evidence Law | Date: 25 Jun, 2009 | Hits: 42
Dr. M. A. Yahia Vs. Md. Abdul Quader and others, 2009, 38 CLC (AD)
....therefore, no substance, in the leave petition and the same is dismissed accordingly. Ed. Case is also Reported in: 14 MLR (AD) (2009) 235; 29 BLD (AD) (2009) 59; 14 BLC (AD) (2009) 109. ......ough Mutation Case No.4893 of 2002 dated 13.05.202 and possessed the land by payment of rents and taxes to the respective authorities. Their names were also recorded in the Mahanagar Survey and a new khatian was accordingly prepared in their names. On 08.09.2004, the petitioner received the impugned..Category: Property Law | Date: 15 Apr, 2009 | Hits: 36
Md. Abdur Rashid & others Vs. Most. Amena Khatun and others, 2009, 38 CLC (HCD)
.... have prayed for confirmation of possession but that having not been done the maintainability of the suit is called in question. Besides, D.Ws.4 and 5 identifier and witness respectively- of the disputed deeds have proved the execution of the deeds by the donor. D.W.6 was present when the said ......ather through the Heba-bil-ewaz deeds in question she got the suit jama mutated in her name and has been possessing the same since then and in support of this contention she has filed D.C.R., Khariji khatian and rent receipts marked Exts. Ghha-Uma and Cha. The said papers as exhibited by the defenda..Category: Property Law | Date: 13 Apr, 2009 | Hits: 2
Jaharlal Bandapadhya and others vs. Most. Begum Jahanara, 2009, 38 CLC (AD)
....gain decreed in part. Against which First Appeal No.270 of 1981 was filed and the suit was remanded to the trial court with a direction for comparison of signatures of the defendants appearing in the disputed agreement with those in the written statement and thereafter the trial court decreed the ......ourt Division. In such view of the matter we find not substance in this appeal. The appeal is dismissed without any order as to cost. Ed. This Case is also Reported in: VII ADC (2010) 155. ..Category: Property Law | Date: 13 Apr, 2009 | Hits: 74
Mohammad Mosharraf Hossain Vs. Golam Mohamad and another, 2009, 38 CLC (AD)
.... legal notice, no cause of action arose to file the case and so no offence under section 138 of the Act has also been disclosed but whether the petitioner received the legal notice or not is merely a disputed question of fact and the same should be decided at the trial and the plea of the petitioner......cision and 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: 19 BLT (AD) (2011) 239. ..Category: Banking Law | Date: 26 Feb, 2009 | Hits: 150
A. J. M. Helal & others Vs. Bangladesh and others, 2009, 38 CLC (HCD)
....rom the accused about 2 (two) months before filing of the petition of complaint under section 138 of the Act and as such the judgment and order of conviction can not be sustained in law. 38. The disputed questions of fact such as the blank cheque and other goods were forcibly taken away by......surrender their respective bail bond within 2 (two) months from date. Communicate this judgment at once. Ed. This Case is also Reported in: 29 BLD (HCD) (2009) 264. ..Category: Corporate Law | Date: 9 Feb, 2009 | Hits: 5
AJM Helal Vs. Bangladesh and others, 2009, 38 CLC (HCD)
....rom the accused about 2(two) months before filing of the petition of complaint under section 138 of the Act and, as such, the judgment and order of conviction cannot be sustained in law. 40. The disputed questions of fact such as the blank cheque and other goods were forcibly taken away by the ......rs are directed to surrender their respective bail bond within 2(two) months from date. Communicate this judgment at once. Ed. This Case is also Reported in: 61 DLR (HCD) (2009) 479. ..Category: Civil Law | Date: 9 Feb, 2009 | Hits: 45
Sontosh Kumar Shaha Vs. Government of Bangladesh and others, 2009, 38 CLC (HCD)
.... a remedy for all wrongs. It is available only when "no other equally efficacious remedy is provided by law". Delay will defeat this remedy. Directions etc. will ensue only from undisputed facts. Disputed questions of fact will not be entered into. It does not lie to enforce mere......s judgment at their end. 72. However, there shall be no order as to costs. Ed. This Case is also Reported in: 29 BLD (HCD) (2009) 301. ..Category: Administrative Law, Constitutional Law | Date: 5 Feb, 2009 | Hits: 2
Tashin Ali (Md.) Vs. Md. Shamsul Hoque and others, 2009, 38 CLC (HCD)
....ent of the Courts below are hereby affirmed. The order of stay passed earlier is hereby vacated. Send down the LC records. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 220. ......ent of the Courts below are hereby affirmed. The order of stay passed earlier is hereby vacated. Send down the LC records. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 220. ..Category: Property Law | Date: 15 Jan, 2009 | Hits: 38
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