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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)
.... Shonajan. Shoyjan died leaving her husband Kasimuddin, Shamsujaman as his son and 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......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)
....the Order, being Miscellaneous Case No. 117 of 1983 filed by the Bangladesh Shilpa Rin Sangstha, briefly, the Sangstha, in the Court of the District Judge, Dhaka on 28-9-1983 which subsequently, on transfer to the Court of the Subordinate Judge and Commercial Court No. 2, Dhaka, was renumbered a......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
Monirul Islam Vs. State and another, 2009, 38 CLC (HCD)
....istrate), Moyeshkhali, Cox's Bazar is quashed. Let a copy of the judgment be sent forthwith. Sheikh Rezowan Ali J.- I agree. Ed. This Case is also Reported in: 29 BLD (HCD) (2009) 327. ......ip with each other. He submits that the complainant-opposite party No.2 entrusted the accused petitioner to maintain the accounts. He submits that there is no partnership relationship and partnership deed or agreement between the parties. He submits that petition of complaint clearly discloses the o..Category: Criminal Law | Date: | Hits: 93
Md. Ekram Hossain Bhuiyan Vs. Matiar Rahman Bhuiyan and others, 2008, 37 CLC (HCD)
..... It has been further asserted that his father Afsaruddin earlier gifted the case land verbally to him and after the death of Afsaruddin the pre-emptor came to learnt that his father has already been transferred the case land to the pre-emptee-petitioner. No notice of the said transfer in question w......ption case was barred by limitation. The further case of the pre-emptee is that his father transferred 98 decimals of land in plot No.1828 out 110 decimals to him (pre-emptee) on 14.12.1995 vide sale deed No.5416 at the consideration of Tk. 12,000/- and accordingly delivered possession to him with f..Category: Property Law | Date: | Hits: 37
Justice Syed Md. Dastagir Hossain and ors. Vs. Md. Idrisur Rahman and others, 2009, 38 CLC (AD)
....nged. 110. On the point of justiciability the Indian Supreme Court in the 2nd Judges case held as under:- “This is also in accord with the public interest of excluding these appointments and transfers from litigative debate, to avoid any erosion in the credibility of the decisions, and to e......e synonimity does not go beyond that. It would be unreasonable to extend it to the person of a Judge completely and for all purposes. It is true that there can not exist a court without a Judge and indeed Judges are structural components of courts. They are often used interchangeably as synonymous. ..Category: Constitutional Law | Date: | Hits: 251
Md. Yakub Ali Vs. Nazir Ahmed and others, 2009, 38 CLC (AD)
....efendants from entering into the suit land by force alleging, inter alia, that the plaintiff purchased the suit land from one Monoza Khaton who was possessing suit land for about 24 years and then transferred the same in favour of the plaintiff on 16.04.1998 by a registered kabala No.3727 dated ......04.1998 by a registered kabala No.3727 dated 16.04.1998 and put the plaintiff in possession of the suit land. The defendant No.1 who is a brother-in-law of aforesaid Monoza Khaton, created a forged deed on 15.03.1998 and forcibly snatched pillars standing on the boundary of the suit land. The pl..Category: Property Law | Date: | Hits: 29
Md. Sadequl Alam Vs. Md. Mofizul Haque (Jalal) and others, 2009, 38 CLC (AD)
....ot No.638 in the deed of exchange which is liable to be cancelled; that on the very day the defendant created another deed showing the plaintiff as vendor and the defendant No.2 the vendee showing transfer of 0.05 acres of land of the plaintiff in favour of defendant No.2 that the plaintiff had ......ff exchanged his land with 0.05 acres of R.S. Plot No.182 belonged to Mofizul Hoque that defendant No.1 by fraudulent mean scribed Plot No.524 belongs to the plaintiff instead of Plot No.638 in the deed of exchange which is liable to be cancelled; that on the very day the defendant created anoth..Category: Property Law | Date: | Hits: 27
Golam Mostafa and others Vs. Government of the People’s Republic of Bangladesh, 2007, 36 CLC (AD)
....e do not find any cogent ground to interfere with the same. This Petition is, accordingly, dismissed without any order as to cost. Ed. This Case is also Reported in: .......04.1963 from the Government and as per terms and conditions as agreed upon and on receipt of the payment of the entire consideration amount the Government executed and registered the formal lease deed on 07.11.1969, though handed over the physical possession of only 49.83 acres of land out of 6..Category: Property Law | Date: | Hits: 25
Md. Lukman Vs. Rustom Khan and others, 2008, 37 CLC (AD)
....982 before the selfsame Court and the property of Shoshi Mohan and others was attached by the Court for open auction. The said execution case was renumbered as Money Execution Case No.2 of 1985 on transfer to the Court of Subordinate Judge, Sunamgonj but wrongly included the 'Kha' schedule land ...... above, the submissions of the learned Advocate for the petitioner deserve no consideration. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: ..Category: Property Law | Date: | Hits: 51
Janab Ali (Md.) and another Vs. Salema Khatun and others, 2009, 38 CLC (AD)
....favour of the pre-emptor and accordingly, allowed the pre-emption. The pre-emptee, being aggrieved, preferred Miscellaneous Appeal No. 58 of 2001 in the Court of District Judge, Mymensingh, and, on transfer, the appeal was heard and disposed of by the learned Joint District Judge, 3rd Court, Myme......allowing the pre-emption. 2. The pre-emptee is the leave petitioner. The pre-emptor filed the pre-emption case claiming to be co-sharer in the case jote within limitation depositing the deed value together with the compensation amount as per law and that the pre-emptee contested the ..Category: Property Law | Date: | Hits: 38
Shamsu Meah and others Vs. Government of Bangladesh, 2009, 38 CLC (AD)
....titions and possession of the lands are also alleged to have been received by their Attornies and as it appears, the Power of Attorney executed by the allottees in favour of the Attornies indicated transfer of the concerned lands in favour of the Attornies in violation of Clause 7 of the allotmen......ers did not arise at all; the instant Rules and the order of temporary injunction from this Court has been obtained by making false statements; there has been no delivery of possession and no deeds have been executed in favour of the petitioners in respect of the concerned plots and so the ..Category: Property Law | Date: | Hits: 34
Saleh Ahmed and others Vs. Amena Bewa and others, 2008, 37 CLC (AD)
....ent. After their death the other daughters Fatematuzzohra and Shakina Bewa respectively inherited the suit property. They made an oral gift on 16.09.1986 in favour of Delwar Hossain and others who transferred the same by a deed of relinquishment dated 18.09.1986 in favour of the plaintiffs. The ......it No. 99 of 1994 is not binding upon them contending, inter-alia, that the suit land belonged to Chhakkun Miah who transferred the same in favour of Abdul Gani and Abdul Jalil by kabala deed dated 03.09.1941 and 12.11.1941. The record was prepared in their name and they paid rent. Aft..Category: Civil Law | Date: | Hits: 94
Bashudev Ghosh & ors Vs. Iswar Sree Sree Bashudev Shalgram Shola Jew Bigrah & ors, 2009, 38 CLC (AD)
....er Section 19(1) of the House Rent Control ordinance. 4. Being aggrieved, the petitioner moved the appellate Court in Miscellaneous Appeal No. 82 of 1995 before the District Judge, Dhaka, which on transfer was heard and disposed of by the learned Additional District Judge, 4th Court, Dhaka, allow...... petitions being Civil Petition for leave to Appeal No. 878 of 2008 and civil petition for leave to Appeal No. 879 of 2008 are dismissed. Ed. This Case is also Reported in: VI ADC (2009) 680. ..Category: Tenancy Law | Date: | Hits: 145
Saheb Ali Dewan Vs. Md. Zahirul Hoque Dewan, 2009, 38 CLC (AD)
....xclusive possession in the suit land. Against the aforesaid judgment and decree the defendant preferred Title Appeal No. 133 of 2002 before the learned District Judge, Manikganj, which was heard on transfer by the learned Joint District Judge, 1st Court, Manikganj, who by the impugned judgm......against the defendant petitioner praying for a decree for permanent injection restraining the defendant petitioner from dispossessing him from the suit land claiming the suit land on the basis of a deed of exchange dated 22.8.1988 and also the exclusive possession therein. 3. The defendant..Category: Property Law | Date: | Hits: 29
Gour Chandra Majhi Vs. Shusen Kumar Mondal and others, 2009, 38 CLC (AD)
.... case as to her right, title, interest and possession in the case land. 6. Being aggrieved the plaintiff filed Title Appeal No. 40 of 1990 in the Court of District Judge, Bagerhat, which on transfer was heard and disposed of by the learned Subordinate Judge, Bagerhat, by the judgment and ......ronjan an mother of Nityanondo, inherited the life long-interest on the case land and to meet the funeral and others expenses she sold the same to the plaintiff by executing and registering a sale deed dated 30.09.1985 and accordingly got possession thereon and thus the plaintiff has been owning..Category: Property Law | Date: | Hits: 54
Indrajit Dutta Vs. Baidhya Nath Banarjee and others, 2009, 38 CLC (AD)
....the judgment and decree of the appellate court. We find no substance in this petition which is accordingly dismissed. Ed. This Case is also Reported in: VI ADC (2009) 674. ......al power of attorney authenticated by a notary public which was exhibited by the plaintiff appointing Modhusudhan as the attorney. The appellate court and the High Court Division believed the heba deed dated 13.01,1982 in favour of the plaintiff No.2. The High Court Division further conside..Category: Property Law | Date: | Hits: 28
Abdus Sattar Mollah Vs. Abdul Malek Mollah and others, 2009, 38 CLC (AD)
....statement denying all the materials allegations made in the plaint contending, inter alia, that Aiyanuddin and Moniruddin were the owners of the suit land. They being in right, title and possession transferred the suit land to Abdullah and Monaulla and Abdulla transferred 1.68 acres of land to En......ulla transferred 1.68 acres of land to Entaz and Aminuddin by way of lease patta and also delivered the possession thereof. Thereafter, Entaz transferred his share to the defendant by way of a sale deed. Thereafter, Sona Ulla transferred 0.12 acre of land to the defendants. The defendants got 1...Category: Property Law | Date: | Hits: 25
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