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Md. Asgar Ali Vs. Md. Shahidul Islam P.K. and others, 2011, 40 CLC (AD)

....ellant as pre-emptor filed Miscellaneous Case (Pre­emption) No.28 of 1995 in the Court of Assistant Judge, Natore, under section 96 of the State Acquisition and Tenancy Act for pre-emption of the land transferred by registered kabala dated 27.02.1995 in favour of pre-emptee respondent Nos.1-4. ......y order as to cost. Ed. This Case is also Reported in: 18 MLR (AD) (2013) 39. ......ove, we do not find any merit in the appeal and accordingly, the same is dismissed, however, without any order as to cost. Ed. This Case is also Reported in: 18 MLR (AD) (2013) 39. ..

Category: Procedural Law | Date: 15 Nov, 2011 | Hits: 7

Human Rights and Peace for Bangladesh Vs. Bangladesh and others, 2011, 40 CLC (HCD)

....ence the petitioners move this Public Interest Litigation (PIL) before this Hon’ble Court. 5. A report was published in the Daily Ittefaq on 13.10.2010 under the caption, “Lalbagh Fort’s land is Being dispossessed”. It was reported in the newspaper that a few powerful local people, i......t that the petitioner NGO depends on fund donated by its members alone as claimed. Ed. This Case is also Reported in: ......tion notwithstanding non-filing of affidavit by reason of the fact that the petitioner NGO depends on fund donated by its members alone as claimed. Ed. This Case is also Reported in: ..

Category: Property Law | Date: 26 Oct, 2011 | Hits: 23

State Vs. Matiur Rahman @ Mati, 2011, 40 CLC (HCD)

....ate houses. The house of Matiur Rahman @ Mati is 15-20 hands away to the northern side of his house. At the time of occurrence Shahidul Islam was at Quater. Matiur Rahman @ Mati had got 0.29 acres of land from their father. Mati sold his land in 1985 to Shahidul Islam. He adds that Jalil Matbor, Raj......f the judgment and order be sent down to the Court below at once. Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 89.   ......inning of the case but even then P.W.1 was cross-examined by the state defence very exhaustively but there appears no suggestion that there was any family dispute among the Brothers. There appears no ejmali property among them nor there appears any issue of quarrel or disharmony among the accused an..

Category: Evidence Law | Date: 25 Oct, 2011 | Hits: 9

Hafizul Islam Chowdhury (Md.) Vs. Bangladesh and others, 2011, 40 CLC (HCD)

....d others …………………………..Opposite Parties Judgment October 19, 2011. Result: The Rule is made absolute. The land in question is not a khas land and the revenue department does not have any interest. The claim......ers …………………………..Opposite Parties Judgment October 19, 2011. Result: The Rule is made absolute. The land in question is not a khas land and the revenue department does not have any interest. The claim of t......; Ed.                    This Case is also Reported in: 18 BLC (HCD) (2013) 470.   ..

Category: Property Law | Date: 19 Oct, 2011 | Hits: 4

Aslam (Md.) Vs. Md. Salauddin and another, 2011, 40 CLC (HCD)

....the case as expeditiously as possible as the case is a very old one. Let the lower Court records be sent down immediately. Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 235. ......s a very old one. Let the lower Court records be sent down immediately. Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 235. ......the case as expeditiously as possible as the case is a very old one. Let the lower Court records be sent down immediately. Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 235. ..

Category: Criminal Law, Tenancy Law | Date: 20 Sep, 2011 | Hits: 6

Abdul Aziz Vs. Most. Kutisona Bibi and others, 2011, 40 CLC (AD)

....s:— 3. The present petitioners, as plaintiffs, filed Title Suit No.500 of 1983 against the present defendant-respondents in the court of Subordinate Judge, Jhalakati praying for partition of the land described in schedule to the plaint. The case of the plaintiffs, in short, was that the land me...... This civil petition for leave to appeal is thus disposed of. Ed. This Case is also Reported in: 9 ADC (2012) 190. ...... the light of observations made above. The impugned judgment is set aside. This civil petition for leave to appeal is thus disposed of. Ed. This Case is also Reported in: 9 ADC (2012) 190. ..

Category: Property Law | Date: 24 Jul, 2011 | Hits: 71

Tae Hung Packaging (BD) Limited and others Vs. Bangladesh and others, 2011, 40 CLC (HCD)

....erajuddowlah Vs. State, 43 DLR (AD) 198; West Bengal Vs. Swapan Kumar Guha, AIR 1982 SC 949; Halsbury in Quinn Vs. Leathern, 1901 AC 495; Babhutmal Vs. Laxmibai, AIR 1975 SC 1297; Rex Vs. Northumberland Compensation Appeal Tribunal, 1952 1 All ER 122; Satyanarayan Vs. Malli-karun, AIR 1960 SC 137...... broth­er, Md. Abdul Wahhab Miah J. Ed. This Case is also Reported in: 18 BLC (AD) (2013) 144. ......nd my learned brother, Md. Abdul Wahhab Miah J. I agree with the judgment of my learned broth­er, Md. Abdul Wahhab Miah J. Ed. This Case is also Reported in: 18 BLC (AD) (2013) 144. ..

Category: Business or Commercial Law | Date: 20 Jul, 2011 | Hits: 39

Abul Bashar Vs. Abul Kashem and others, 2011, 40 CLC (HCD)

.....28 of 1984 and renum­bered as Other Suit No.42 of 1991, was suit for specific performance of a contract. 2. The case of petitioner, as plaintiff, in Civil Revision No.4490 of 1995, is that, suit land originally belongs to Abdul Jabbar and Mohammad Ismail, co-sharers and was recorded as such in ......ds. Communicate this order at once. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 199. ......s similar to the case of the plaint of the aforesaid suit. Only defen­dant stated in the suit that property left by the plain­tiff's father never partitioned and they enjoyed the entire property in ejmali. 5. In this suit defendant No.14 contested by filing written statement who denied the mate..

Category: Civil Law | Date: 23 Jun, 2011 | Hits: 44

Md. Habibur Rahman Bhuiyan and others Vs. Mosammat Galman Begum and others, 2011, 40 CLC (AD)

....ox and Abdul Malek Mollah are owners of the case holding in equal shares. There was an amicable partition between the said co-sharers. By an amicable parti­tion Abdul Malek Mollah got 13 decimals of land of the case holding who died leav­ing wife, a son and two daughters. On the death of Abdul Mal...... allowed by majority decision without any order as to costs. Ed. This Case is also Reported in:9 ADC (2012) 575. ......ed by my learned brother Surendra Kumar Sinha J. Courts Order The appeal is allowed by majority decision without any order as to costs. Ed. This Case is also Reported in:9 ADC (2012) 575. ..

Category: Property Law | Date: 15 Jun, 2011 | Hits: 169

Abu Bakkar Lashkar & others Vs. Rostam Ali Mondal & others, 2011, 40 CLC (AD)

...., in short, are: The plaintiffs filed Title Suit No.78 of 1989 in the Court of Assistant Judge, Magura against the defendants for decla­ration of title and recovery of possession of the suit land or in the alternative for partition. Alter contested hearing, the suit was decreed in term......this petition which is accordingly dismissed. Ed. This Case is also Reported in: 9 ADC (2012) 210. ......t land or in the alter­native for partition. The cause of action of a partition suit is recurring. The plaintiffs may have recourse to legal measures before the appropriate Court for partition of ejmali property if their claim is not oth­erwise barred (emphasis supplied). 10. The findin..

Category: Procedural Law | Date: 9 Jun, 2011 | Hits: 100

Bangladesh Tobacco Company Limited Vs. Ashoke Kumar Das & others, 2011, 40 CLC (HCD)

.... বারন করিয়া ১/২ নং বিবাদীর বিরুদ্ধে অস্থায়ী নিষেধাজ্ঞা ডিক্রী হয়।” 3. The Suit land mentioned as:- তপসীল জিলা-চট্টগ্রাম, থান...... once. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 53. ...... In the result, this appeal is disposed of. Send down the lower Court record. Communicate this order at once. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 53. ..

Category: Procedural Law | Date: 2 Jun, 2011 | Hits: 6

Chairman, Rajdhani Unnayan Katripakkha Vs. Mosammat Rahima Khatun and others, 2011, 40 CLC (HCD)

....d not be set aside or pass such other or further order or orders as to this court may seem fit and proper. 2. The facts of the case, in short, are that the present applicants were the owners of a land measuring .12 acres pertaining to C.S. Plot No.122 of Mouza Brahmin Chiron under Motijheel Comm......te-For the Petitioner. K. M. Hafizul Alam, with Mahbub Shafique, Advocates-For the Opposite Parties. Civil Revision No. 5831 of 2007. Judgment Obaidul Hassan J. - This Rule was issued calling upon the opposite party Nos.1-3 to show cause as to why the judgment and order dated 28.05.2006 ......ule is herby vacated. Send down the lower court records along with a copy of this judgment immediately to the court concerned. Faruque Ahmed J. - I agree. Ed. This Case is also Reported in:..

Category: Limitation Law | Date: 2 Jun, 2011 | Hits: 165

Human Rights and Peace for Bangladesh Vs. Bangladesh, 2011, 40 CLC (HCD)

....uthorities have disdainfully failed to devise appropriate, eco-friendly waste dumping arrangement. So this as about time that they ravel the net with a stentorian determination to keep our beloved land habitable, to retrieve the lost glory of Buriganga, to regain for it’s water the same transp......ear the cost of the cases filed as public interest litigation. Ed. This Case is also Reported in:    ......resent high volume of cases, it is not possible on their part to bear the cost of the cases filed as public interest litigation. Ed. This Case is also Reported in:    ..

Category: Environmental Law | Date: 1 Jun, 2011 | Hits: 37

BGP Inc., China National Petroleum Corporation Vs. Bangladesh and others, 2011, 40 CLC (HCD)

....fidavit-in-opposition contending, inter alia, that Petrobangla vide notification dated 17.09.2009 invited for EOI from the eligible contractors in order to get seismic contract for carrying out 2-D land seismic survey involving about 3100 Lkm data acquisition including Data Processing and Interpr......ed of. There will be no order as to costs. Farid Ahmed J. - I agree. Ed. This Case is also Reported in:  ......ance with law. With the above observations this Rule is disposed of. There will be no order as to costs. Farid Ahmed J. - I agree. Ed. This Case is also Reported in:  ..

Category: Civil Law | Date: 29 May, 2011 | Hits: 21

Zeyad Rahman and another Vs. Delta Insurance Company and others, 2011, 40 CLC (HCD)

....reate different classes of share-holders having different rights attached to them. Now I shall consider whether the Articles of Association of the respondent No.1company and provisions of laws of the land applicable thereto or any other instrument, either expressly or by necessary implication, has c......nd to report the compliance thereof within 1(one) week thereafter. Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 336. ......our) weeks from the date of the drawing up of this Judgment and to report the compliance thereof within 1(one) week thereafter. Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 336. ..

Category: Company Law | Date: 26 May, 2011 | Hits: 9

Major (Retd.) Rafiq Hasan Faruq Vs. Bangladesh and others, 2011, 40 CLC (HCD)

....or of M/S Blue Bird Garments (Pvt.) Ltd, in course of his business, obtained some loan from respondent No-3. Sonali Bank, Ramna Corporate Branch, Dhaka (shortly the Bank) by mortgaging 24 decimals of land and structures thereon. But he failed to repay the loan. So, the Bank filed Artha Rin Suit No. ......icate the Judgment at once to the concerned executing Court (Respondant No. 3). Ed. This Case is also Reported in: 16 MLR (HCD) (2011) 281. ...... order as to cost. The office is directed to communicate the Judgment at once to the concerned executing Court (Respondant No. 3). Ed. This Case is also Reported in: 16 MLR (HCD) (2011) 281. ..

Category: Banking Law | Date: 16 May, 2011 | Hits: 179

Md. Badar Uddin and others Vs. Mst. Rezia Parvin and others, 2011, 40 CLC (HCD)

....ich is a misconduct as when an advocate received and filed vokalatnama he is duty bound to appear and defend the case of his litigant client. 3. It is the case of the plaintiff that .0114 acres of land of plot No.1409 appertaining to C.S. khatian No.742 corresponding to S.A. khatian No.1203 of Mo...... Send down the lower Court records at once. Ed. This Case is also Reported in: 20 BLT (HCD) (2012) 12. ....... I find no substance in the rule. In the result this rule is discharge. No costs. Send down the lower Court records at once. Ed. This Case is also Reported in: 20 BLT (HCD) (2012) 12. ..

Category: Civil Law | Date: 15 May, 2011 | Hits: 29

Government of Bangladesh and Others Vs. Md. Gias Uddin Chowdhury and Others, 2011, 40 CLC (AD)

....ions Act, 1952, the rules framed thereunder, the Town Improvement Act, 1953 and the Government and Local Authority Lands and Buildings (Recovery of Possession) Ordinance, 1970 without demarcating the lands by metes and bounds by a properly constituted partition suit and whether the High Court Divisi....... Ed. This Case is also Reported in: 32 BLD (AD) (2012) 1, 17 BLC (AD) (2012) 14, VIII ADC (2011) 879. ...... any order as to costs with the above observations. This judgment would govern both the appeals. Ed. This Case is also Reported in: 32 BLD (AD) (2012) 1, 17 BLC (AD) (2012) 14, VIII ADC (2011) 879. ..

Category: Property Law | Date: 15 May, 2011 | Hits: 100

Md. Abul Hashem Vs. State, 2011, 40 CLC (HCD)

.... stated that Mariam became adult and then she was aged 12 years. She could not tell how many times the boundary of her house were measured. She admitted that before 2/3 years they sold ½ katha land to Hatem Ali who is brother of accused Abul Hashem. She denied the defence suggestion that ther......Court records at once. Md. Rezaul Hasan J.- I agree. Ed. This Case is also Reported in: 16 BLC (2011) 699, 31 BLD (HCD) (2011) 427. ......nted with any other case. Send down the lower Court records at once. Md. Rezaul Hasan J.- I agree. Ed. This Case is also Reported in: 16 BLC (2011) 699, 31 BLD (HCD) (2011) 427. ..

Category: Women and Children | Date: 15 May, 2011 | Hits: 95

Mohammad Tayeeb and another Vs. Government of the People’s Republic of Bangladesh (Fatwa Judgment), 2011, 40 CLC (AD)

....hes of the authorities. As such, the persons who are unable to file a formal application, cannot be without remedy in vindication of their rights guaranteed under the Constitution and the laws of the land. If so, it would be in total negation of the spirits enshrined in our sacred Constitution. ......               ......authorized, is maintained. No order as to costs. This Case is also Reported in:                   ..

Category: Civil Law | Date: 12 May, 2011 | Hits: 34