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Abdul Mannan and another Vs. Bangladesh, 1999, 28 CLC (HCD)

.... Petition No.2259 of 1998 are discharged without any order as to costs. The order of stay granted earlier in both Rules are hereby vacated. Ed. This case is also Reported in: 52 DLR (2000) 471. ......Local Government Rural Development and Co-Operative and others…………………….Respondents. Judgment July 7, 1999. Result: Both the writ petitions are discharged without any order as to costs. The order of stay granted earlier in both Rules are hereby vacated. Lawyers Involved......puty Secretary (Poura) by his letter dated the 2nd March, 1998 on top priority basis informed the respondent No.2, Delimitation Officer, and others including the Chairman Lalmohan Pourashava stating that the government was going to delimitate three Wards of the Lalmohan Pourashava into nine Wards ha......ry of Local Government Rural Development and Co-Operative and others…………………….Respondents. Judgment July 7, 1999. Result: Both the writ petitions are discharged without any order as to costs. The order of stay granted earlier in both Rules are hereby vacated. Lawyers In..

Category: Election Law | Date: | Hits: 97

A Rouf Chowdhury and another Vs. Bangladesh and others, 2000, 29 CLC (HCD)

....on Act, 1952, briefly, the Act. 3. On getting the sanction, the petitioners started construction as per sanctioned plan. As the construction involved huge money, the petitioners mortgaged the said land to a bank and took loan. Out of 22 floors, 16 floors with the foundation for the sanctioned 22-......ereby vacated. Ed. This case is also Reported in: 52 DLR (2000) 461. ......haban’ at the costs of the petitioners should not be declared to have been passed without any lawful authority and as such of no legal effect. 2. In the writ petition, it is stated, inter alia, that the petitioners are owners in possession of CS Plot No.52 and 159 comprising in Municipal Holdin...... Singh, (1989) 2 SCC 505; Munnich Vs. Godstone RDC, (1996) 1 WLR 427, at p. 435. Lawers Involved: M Amir ul Islam with A Hasib, Tania Amir, MA Tariq, MA Hannan and Manzil Murshed, Advocates—For the Petitioners. AKM Saifuddin Ahmed with Masood Reza Sobhan, Mahmuda Parveen Poppy, Advocates..

Category: Property Law | Date: | Hits: 125

Akkas Ali Molla and another Vs. State, 2001, 30 CLC (HCD)

....isonment for 3 (three) years and to pay a fine of Taka 1,000 in default to suffer rigorous imprisonment for 3 months more. 3. The prosecution case, in brief, is that Meser Ali gifted 58 decimal of land of Plot Nos. 1283 and 1241 of Khatian No. 1095 of Mouza Khetal to his daughters, namely, Rokeya......e LCR at once. Ed. This Case is also Reported in: 55 DLR (2003) 296. ......encing them to suffer rigorous imprisonment for 3 (three) years and to pay a fine of Taka 1,000 in default to suffer rigorous imprisonment for 3 months more. 3. The prosecution case, in brief, is that Meser Ali gifted 58 decimal of land of Plot Nos. 1283 and 1241 of Khatian No. 1095 of Mouza Khet......am Chowdhury J Akkas Ali Molla and another……………….Petitioners Vs. State………………Respondent Judgment November 26, 2001. Cases Referred To- Bhau Vyankatesh Chakorkar, AIR 1925 Bombay 433, Nur Ahmed Vs. Kalimuddin Ahmed, BCR 1987 (AD) 152; Shamsuddin Ahmed Chow..

Category: Criminal Law | Date: | Hits: 129

Zafela Begum and others Vs. Atikulla and others, 2011, 40 CLC (AD)

....Appeal No. 100 of 1995) Judgment SK Sinha J. - The facts out of which this appeal arose are as under: In a suit for partition the plaintiffs who are the appellants claimed that 'Ka' schedule land measuring 4.0 acres originally belong to Imam Bux in Raiyati right, who died leaving behind a ......d others………………………Appellants Vs. Atikulla and others …………………………………Respondents Judgment January 2, 2011. Result: The Appeal is allowed. Cases Referred To- Jainal Abedin Vs. Mizanur Rahman and other, 44 DLR (AD) 162; Krishna Kishori Ch......Division in First Appeal No. 100 of 1995) Judgment SK Sinha J. - The facts out of which this appeal arose are as under: In a suit for partition the plaintiffs who are the appellants claimed that 'Ka' schedule land measuring 4.0 acres originally belong to Imam Bux in Raiyati right, who died......…………………Respondents Judgment January 2, 2011. Result: The Appeal is allowed. Cases Referred To- Jainal Abedin Vs. Mizanur Rahman and other, 44 DLR (AD) 162; Krishna Kishori Chaodhrani Vs. Kishori Lal Ray, 14 I.A. 71(P.C.). Lawyers Involved: Mahbubey Alam, Senior ..

Category: Property Law | Date: | Hits: 127

Hossain Khan (Md.) and others Vs. Government of Bangladesh & others, 2001, 30 CLC (HCD)

..... 636 was more suitable for the purpose and agreed to de‑requisition CS Plot No. 692 and requisitioned Plot No. 636 which also belonged to the predecessor of the appellants comprising 0.42 acres of land. 3. Immediately after the requisition of the suit land the predecessor‑in‑interest of th......e J NK Chakravartty J Hossain Khan (Md.) and others……………….Petitioners Vs. Government of Bangladesh & others…………….Respondents Judgment December 4, 2001. Cases Referred To- Province of East Pakistan (now Bangladesh) Vs. Fazlur Rahman, 29 DLR (SC) 110; ......, (Arbitration) Court, Dhaka in Arbitration Case No. 399 of 1985 in which the learned Subordinate Judge dismissed the Arbitration Case. 2. The facts out of which appeal No. 152 of 2001 arises are that, the appellants are the heirs late Alhaj Md. Noor Hossain, who was the owner of CS Plot No. 692,......st Pakistan, 14 DLR 486; Province of East Pakistan Vs. Kalu Mia, 13 DLR 528; Province of East Pakistan Vs. Sharafatullah, 19 DLR 237. Lawyers Involved: MA Samad with MGH Ruhullah, Advocates‑ For the Appellants. Mahbubey Alam with Md. Harun-or-Rashid, Advocates-For Respondent No. 3. Nih..

Category: Property Law | Date: | Hits: 95

Mazharul Huq Quraishi and others Vs. Hari Chandrs Hrishi and another, 2000, 29 CLC (HCD)

.... took from him (complainant) 3 deeds including deed No.3341 dated 7-8-1976 with the assurance and promise to return the same within 7 days after scrutiny and perusal of the deeds in order to purchase lands of the deeds if the complainant has any subsisting interest therein but subsequently in spite ......que J Md. Abdul Quddus J Mazharul Huq Quraishi and others……………..Petitioner Vs. Hari Chandrs Hrishi and another…………….Opposite Parties Judgment May 25, 2000. Case Referred To- Fateh Haider and another Vs. Emperor, AIR 1930 Lahore page 407. Lawyers Invol......ding of Petition Case No. 25 of 1993 under section 420/406 Code pending in the Court of Magistrate, 1st Class, Dhaka should not be quashed. 2. Learned Advocate for the accused petitioners submits that according to allegation stated in the petition of complaint present petitioners as accused No.1-...... and others……………..Petitioner Vs. Hari Chandrs Hrishi and another…………….Opposite Parties Judgment May 25, 2000. Case Referred To- Fateh Haider and another Vs. Emperor, AIR 1930 Lahore page 407. Lawyers Involved: Abdul Malek, Advocate—For the Petitioners. ..

Category: Criminal Law | Date: | Hits: 42

Mati Lal Karmakar and Another Vs. Kalandar Talukder and another, 1998, 27 CLC (HCD)

.... DLR (2000) 390.......ers. AB Roy Chowdhury, Advocate—For Opposite Party No.1. Civil Revision No. 3240 of 1993. Judgment Md. Awlad Ali J. - This Rule is directed against the judgment and decree dated 8-7-93 passed by the District Judge, Chandpur in Title Appeal No. 141 of 1990 by which the decree passed by ....... 141 of 1990 by which the decree passed by the trial Court in a suit for perpetual injunction was affirmed. 2. The plaintiffs are the petitioners in this revision case. The plaintiff’s case is that land measuring 3.14 decimal comprising CS Khatian No.43 belonged to Indo Mohon and Monindra Bhus......�………..Petitioners Vs. Kalandar Talukder and another…………………..Opposite Parties Judgment October 21, 1998. Lawyers Involved: SS Halder with SS Sarker Advocates—For the Petitioners. AB Roy Chowdhury, Advocate—For Opposite Party No.1. Civil Revision No. 3..

Category: Property Law | Date: | Hits: 64

Omar Ali Sheikh Vs. Shamsul Alam Mridha and others, 2002, 31 CLC (HCD)

.... 2. Relevant facts, for the disposal of this in short, are that the opposite party Nos. 1 to 3 as plaintiff instituted the aforesaid suit for Specific Performance of Contract alleging that the suit land originally belonged to the defendant petitioner, who decided to sell the said land and the plai......ime of the issuance of the Rule is hereby vacated. Ed. This Case is also Reported in: 55 DLR (2003) 257. ...... the Judgment and decree dated 4‑11‑1997 passed by the learned senior Assistant Judge, Naria, Shariatpur in Title Suit No. 2 of 1995. 2. Relevant facts, for the disposal of this in short, are that the opposite party Nos. 1 to 3 as plaintiff instituted the aforesaid suit for Specific Performan.............Petitioner Vs. Shamsul Alam Mridha and others..............Opposite Parties Judgment December 10, 2002. Lawyers Involved: Shawkat Ali Khan with MM Huq Siddique, Advocate -For the Petitioner. Muhammad Samsul Hoque, Advocate‑For the Opposite Parties. Civil Revision ..

Category: Property Law | Date: | Hits: 84

Deputy Commissioner and another Vs. Md. Abu Taher and another, 2010, 39 CLC (AD)

....142 of 2001. 2. Respondent No.1 instituted the above writ petition seeking a direction upon the writ respondent No.1 for execution and registration of an exchange deed in respect of 18 decimals of land of S.A. Khatian No.193 of Plot Nos. 5/645, under Mouja Bejpara, Police Station Kotwali, Distric......cted by B. Hossain, Advocate-on-Record-For the Petitioners. Not represented-the Respondents. Civil Petition for Leave to Appeal No. 397 of 2009. (From the judgment and order dated 19.4.2007 passed by the High Court Division in Writ Petition No.6142 of 2001.) Order Surendra Kumar Sinha...... 2. Respondent No.1 instituted the above writ petition seeking a direction upon the writ respondent No.1 for execution and registration of an exchange deed in respect of 18 decimals of land of S.A. Khatian No.193 of Plot Nos. 5/645, under Mouja Bejpara, Police Station Kotwali, District-Jessore in f......��..........Petitioners Vs. Md. Abu Taher and another ……………………………………....Respondents Order October 13, 2010. Lawyers Involved: Karunamay Chakma, Deputy Attorney General, instructed by B. Hossain, Advocate-on-Record-For the Petitioners. Not represented-..

Category: Property Law | Date: | Hits: 81

Rafiqul Islam Howlader alias Md. Rafiq Howlader Vs. Syed Abdul Hamid and others, 2010, 39 CLC (AD)

....missing the suit. 2. The suit was for declaration of title. The petitioner hereof was a defendant in the title suit. The plaintiff-respondents hereof filed the suit for declaration of title on the land, detailed in the schedule of the plaint, claiming their title and possession, on the basis of r......vision (Civil) Present: Mohammad Fazlul Karim CJ Md. Abdul Matin J Shah Abu Nayeem Mominur Rahman J Md. Muzammel Hossain J Surendra Kumar Sinha J Rafiqul Islam Howlader alias Md. Rafiq Howlader…………….....Petitioner Vs. Syed Abdul Hamid and others………�......pondents hereof filed the suit for declaration of title on the land, detailed in the schedule of the plaint, claiming their title and possession, on the basis of registered deed from the vendors and that they got their names mutated in the records of right and paying rent to the Government in accord......hers………………………………………….....Respondents Judgment April 18, 2010. Lawyers Involved: A.M. Aminuddin, Advocate, instructed by A.K.M. Shahidul Huq, Advocate-on-Record-For the Petitioner. Nurul Amin, Advocate, instructed by Nurul Islam Chowdhury, Advocate-on-Re..

Category: Property Law | Date: | Hits: 93

Md. Abdul Barik and another Vs. Most. Serajan Nessa and another, 2010, 39 CLC (AD)

....ersing those dated 18.11.2001 passed by the Senior Assistant Judge, Sadar Court, Kushtia in Title Suit No.316 of 1997 dismissing the suit. 2. The facts involved in the case, in short, are that the land measuring 0.12 acre in S.A. Khatian No.370 under mouza No.36 of Rahihnipara, belongs to Abdul J......, Advocate-on-Record-For the Petitioners. Not represented- the Respondent. Civil Petition for Leave to Appeal No.1409 of 2009. (From the judgment and order dated the 13th day of April, 2009 passed by the High Court Division in Civil Revision No.4529 of 2002). Judgment Mohammad Fazlul ......2002 reversing those dated 18.11.2001 passed by the Senior Assistant Judge, Sadar Court, Kushtia in Title Suit No.316 of 1997 dismissing the suit. 2. The facts involved in the case, in short, are that the land measuring 0.12 acre in S.A. Khatian No.370 under mouza No.36 of Rahihnipara, belongs to......erajan Nessa and another …………………........Respondents Judgment January 12, 2010. Lawyers Involved: Md. Nurul Amin, Advocate instructed by A. K. M. Shahidul Huq, Advocate-on-Record-For the Petitioners. Not represented- the Respondent. Civil Petition for Leave to Appeal N..

Category: Property Law | Date: | Hits: 84

Ayesha Siddika and others Vs. Sayed Rafiqul Islam Rafiq and others, 2010, 39 CLC (AD)

....dated 19th April, 1979 and further declaration that the decree passed in Other Class Suit No.199 of 1976 is void, illegal, inoperative and not binding upon the plaintiffs. Their case is that the suit land belonged to Bisheshwar Dutta and his three brothers. Respondent Nos. 9-10 Ashok Kumar and Renuk......awab Ali, Advocate-on-Record-For Respondent Nos.1-8. Not Represented- Respondent Nos. 9-19. Civil Petition for Leave to Appeal No. 2264 of 2009. (From the judgment and order dated 6.8.2009 passed by the High Court Division in Civil Revision No.2070 of 2009.) Judgment Surendra Kumar S...... the judgment and order dated 6th August, 2009 of a Single Bench of the High Court Division passed in Civil Revision No.2070 of 2009. 2. Short facts relevant for the disposal of this petition are that Sayed Abu Shayed, predecessor of the respondent Nos.1-8, instituted Other Class Suit No.199 of 1......rs………………………….......Petitioners Vs. Sayed Rafiqul Islam Rafiq and others ...............Respondents Judgment July 4, 2010. Lawyers Involved: Abdus Salam Khan, Senior Advocate, instructed by Md. Aftab Hossain, Advocate-on-Record-For the Petitioners. Md. Aminul ..

Category: Property Law | Date: | Hits: 89

Md. Raisuddin Biswas and others Vs. Md. Mazed Ali, 2009, 38 CLC (AD)

....als, filed the above Title Suit No. 92 of 1995 seeking declarations that the Deed of Heba-bil-Ewaz No. 15294 dated 11.10.1986 allegedly executed by his father Hedayetullah Biswas gifting the suit land to the defendant Beraful Nessa, his second wife and the predecessor of the appellants in both......11) 1, 16 MLR (AD) (2011) 261. ......nt Judge, Gomostapur, Nawabganj passed in Title Suit 92 of 1995 and Title Suit No. 61 of 1996 dismissing Title Suit No. 92 of 1995 and decreeing Title Suit No. 61 of 1996. 2. Facts, in brief, are that Majed Ali, the respondents No.1 in both the appeals, filed the above Title Suit No. 92 of 1995 s.........Appellants (In both cases) Vs. Md. Mazed Ali being dead his heirs Sayera Bewaand others.....Respondents (In both cases) Judgment June 2, 2009. Lawyers Involved: Dr. M. Zahir, Senior Advocate, instructed by Md. Nawab Ali, Advocate-on-Record-For the Appellants (In both cases) M..

Category: Property Law | Date: | Hits: 109

State Vs. Saiful Islam and another, 2003, 32 CLC (HCD)

.... prosecution case is that Shefali alias Shafu, aged about 26 years, was the daughter of the informant. Shefali was given in to marriage to accused Saiful Islam about 10/11 years back and as he had no land to live in, he was to live at village Dalulpur in the house of Kamuluddin Howlader, Chairman, T......J SM Hossain J State ………………………………………………Petitioner Vs. Saiful Islam and another ………….….Condemned Absconder Judgment July 22, 2003. Cases Referred to- Abdul Motaleb Howlader Vs. State, 6 BLC (AD)1; State Vs. Fazu Kazi alias Fazlur......used Saiful Islam and Fazilutennessa were convicted under sections 302/34 of the Penal Code and sentenced to death in Sessions Trial Case No. 25 of 1996. 3. The essence of the prosecution case is that Shefali alias Shafu, aged about 26 years, was the daughter of the informant. Shefali was given i......ue Sikder Vs. State, 1 BLC 173; State Vs. Abdur Rashid, 24 DLR 18; State Vs. Badiazzaman 25 DLR 41; Gudu Mia and others Vs. State, 44 DLR 246. Lawyers involved: Md. Helaluddin Mollah, Deputy Attorney-General with Abdul Baset, Assistant Attorney-General-For the State. Farida Begum. Advocate-..

Category: Criminal Law | Date: | Hits: 84

Atiqur Rahman Mullah Vs. Abul Kalam Azad and others, 2002, 31 CLC (HCD)

....x parte. On 21st day of March, 2002 when the defendant-opposite parties disclosed that they got the judgment in their favour and attempted to forcibly dispossess the plaintiff-applicant from the suit land then he sent the deponent who contacted the learned Advocate Mr. Md. Samsul Hoque on 23-3‑2......Opposite Parties. Civil Revision No. 2581 of 1994. Judgment Md. Abdul Wahhab Miah J.-This is an application filed by the petitioner for re‑hearing of Civil Revision No. 2581 of 1994 which was disposed of by a single Bench of this Court on 26‑11‑2002 discharging the Rule. 2. In the ......vil Revision No. 2581 of 1994 which was disposed of by a single Bench of this Court on 26‑11‑2002 discharging the Rule. 2. In the application for re‑hearing it has, been stated, inter alia, that the learned Advocate for the plaintiff-petitioner had been in some personal difficulties for whi......an Mullah……………………Petitioner Vs. Abul Kalam Azad and others……………..Opposite Parties Judgment December 14, 2002. Lawyers involved: Md. Samsul Hoque, Advocate-For the Petitioner AKM Shahidul Hoq with Tania Siddiqua, Advocates-For the Opposite Parties. Ci..

Category: Property Law | Date: | Hits: 73

Jashimuddin (Md.) alias Md. Jashimuddin Vs. Dali Begum and another, 2003, 32 CLC (HCD)

.... knowing fully well that the pregnancy was caused due to the co‑habitation of the petitioner and opposite party No. 1. The marriage was solemnised according to the Mohammadan Law and the law of the land and it was registered according to the law and there was no illegality in the solemnisation of ......rder granted by this Court is hereby vacated. Ed. This Case is also Reported in: 56 DLR (2004) 358. ......ndant-Petitioner Vs. Dali Begum and another ………….......................Plaintiff Opposite Parties Judgment November 15, 2003. Cases Referred to- Dr. ALM Abdullah Vs. Rokeya Khatun, 21 DLR 213; Anwar Hossain Vs. Momtaz Begum, 4 BLC 521; Abdul Gani and others Vs. Tale Bibi an......November 15, 2003. Cases Referred to- Dr. ALM Abdullah Vs. Rokeya Khatun, 21 DLR 213; Anwar Hossain Vs. Momtaz Begum, 4 BLC 521; Abdul Gani and others Vs. Tale Bibi and others, PLD 1962 (WP) Lahore 531; Tazagul Vs. Bibi Ayesa, PLD 1961 (Peshawar) 17; Abdus Sattar being dead his heirs Saira Kha..

Category: Family Law | Date: | Hits: 186

Masud Mia (Md.) Vs. State, 2003, 32 CLC (HCD)

....ce station. In cross-examination, he stated that he did not find any mark of injury on the person of victim Arzina Khatun. He stated that the shallow machine stands at a distance of about 30 highs of land from their house. He stated that Mst. Arzina Khatun took a Badna while going to the latrine but...... This Case is also Reported in: 56 DLR (2004) 352. ......sud Mia under section 6(1) of the Nari‑o‑Shishu Nirjatan Daman Ain, 1995 and sentencing him thereunder to suffer imprisonment for life. 2. Broad facts relevant for the purpose of the case are that at about 8.00 PM on 15‑4‑1998 victim Mst. Arzina Khatun, aged about 13 years, went to their ......ent Judgment December 7, 2003. Case Referred To- Md. Abdul Khaleque and others Vs. State, 12 DLR (SC) 165. Lawyers involved: AFM Mesbahuddin with Khandaker Diliruzzaman, Advocates-For the Appellant. SM Aminul Islam, Assistant Attorney-General-For the State. Criminal Appeal ..

Category: Criminal Law | Date: | Hits: 45

Hasna Banu Vs. Bangladesh and others, 2004, 33 CLC (HCD)

.... No. 1 of 1991 and dismissing the suit. 2. On 30‑1‑1991 the plaintiff instituted the Suit in the aforesaid Court of Subordinate Judge at Manikganj for declaration of her title in 2 decimals of land with two tin buts thereon fully described in the schedule to the plaint. 3. Plaint case, in ......the record at once. Communicate at once. Ed. This Case is also Reported in: 56 DLR (2004) 344. ......vision application under section 115(1) of the Code of Civil Procedure against the decree dated 7‑9‑1996 passed by Additional District Judge at Manikganj in Title Appeal No. 50 of 1993 reversing that dated 14‑3‑1993 passed by Subordinate Judge at Manikganj in Title Suit No. 1 of 1991 and dis......dul Huq J Hasna Banu……………………………………Petitioner Vs. Bangladesh and others ………………..Opposite Parties Judgment May 8, 2004. Case Referred To- Shorna Mehta Vs. Rajani, 1 CWN 55. Lawyers involved: Md. Haroon‑ar Rashid, Advocate-For the Pe..

Category: Property Law | Date: | Hits: 76

Abdus Samad and others Vs. Md. Gafur and others, 2003, 32 CLC (HCD)

....ently, by way of an additional written statement filed on 7‑8-2000, the petitioners took the plea that the suit has been grossly undervalued stating, inter alia, that the market value of the suit land ought to have been above one crore and the suit having not been filed with ad valorem court fee...... Abdus Samad and others.........................Petitioners Vs. Md. Gafur and others................................Opposite Parties Judgment August 12, 2003. Cases Referred to- Fazlur Rahman Vs. Rajab Ali and others 30 DLR (SC) 30; Aziza Nilufar Begum ......urn of the plaint should not be set aside and/or pass such other or further order or orders as to this Court may seem fit and proper. 2. Short facts, necessary for the Purpose of this Rule is that the opposite parties as plaintiffs instituted Title Suit No. 146 of 2000 before the Assistant Ju......s Referred to- Fazlur Rahman Vs. Rajab Ali and others 30 DLR (SC) 30; Aziza Nilufar Begum Vs. Jahanara Begum and another 3 BLC 117. Lawyers Involved: Md. Zakir Hossain, Advocate-For the Petitioners. Md. Golam Arshed, Advocate‑For the Opposite Parties. Civil Revis..

Category: Civil Law | Date: | Hits: 114

Abarak Ali Vs. Shefaul Karim, Assistant Commissioner, (Land) Jagannathpur, District Sunamganj, 1998, 27 CLC (HCD)

....de without lawful authority and to be of no legal effect. 2. The short fact leading to this Rule is that, the petitioner and his brother Mosadder Ali, who are wage-earners, purchased 4.00 acres of land appertaining to SS Plot No. 16, 316, 367, 368 and 370 of Khatian No. 20/2 from one Nirmala Chow......r as to costs. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 183.......d notice as contained in Annexure ‘D’ to the petition should not be declared to have been made without lawful authority and to be of no legal effect. 2. The short fact leading to this Rule is that, the petitioner and his brother Mosadder Ali, who are wage-earners, purchased 4.00 acres of land......oner Vs. Shefaul Karim, Assistant Commissioner, (Land) Jagannathpur, District Sunamganj …… Respondent Judgment August 11, 1998. Lawyers Involved: Tabarak Hossain, Advocate — For the Petitioner. AM Aminuddin, Assistant Attorney-General with Md. Mahbub Ali, Advocate — For..

Category: Property Law | Date: | Hits: 172

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