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Government of Bangladesh Vs. Hazrat Baku Shah Hawkers Market Somabaya Samity, 2010, 39 CLC (AD)

....duly approved by the Hon'ble Prime Minister and the consideration amount fixed at Tk. 16,80,21,000/- has been received from the aforesaid Samity as far back in the year 2002 but the deed of permanent settlement could not be registered in favour of the aforesaid Hazrat Baku Shah Hawkers Market Somaba...... Writ Petition No.552 of 2003 calling upon the respondents to show cause as to why they should not be directed to take necessary step for registering the deed of permanent lease of 1.68 acres of khas land in favour of the petitioner. The Rule in Writ Petition No.4338 of 2003 was issued calling upon ..

Category: Property Law | Date: | Hits: 28

Mohar Ali Bhuiyan Vs. Michir Ali Bhuiyan and others, 2010, 39 CLC (AD)

....uring .20 acres totaling .40 acres of land. Since the suit plot is homestead plot wherein the defendant No.1 and his wife are owners of .40 acres and the plaintiff is owner of .20 acres, and a family settlement was held amongst them. Defendant No.1 gave 3.10 acres of land to the plaintiff and in lie......spondent No.1 as the plaintiff filed before the Court of 1st Joint District Judge Narayangonj Title Suit No.70 of 2004 for declaration of Title and recovery of Keash Possession in respect of the suit land, contending, inter alia, that the land of C.S. khatian No. 261 being plot No. 325 measuring .61..

Category: Property Law | Date: | Hits: 20

Nasiruddin Khan Vs. Forhad Hossain Bhuiyan, 2009, 38 CLC (AD)

....ecreeing the suit. 2. The facts involved in the case, in short, are that the suit land appertaining to C.R. Khatian No. 3 originally belonged to Ramgoti Nomo. Thereafter, upon an ami­cable family settlement Girish Chandra Nomo got .32 acres of land in Dag No.235. Girish Chandra died leaving behi......ffirming those dated 11.10.2005 passed by the Senior Assistant Judge, Sadar, Comilla in Title Suit No.184 of 2000 decreeing the suit. 2. The facts involved in the case, in short, are that the suit land appertaining to C.R. Khatian No. 3 originally belonged to Ramgoti Nomo. Thereafter, upon an ami..

Category: Property Law | Date: | Hits: 42

Altab Ali Vs. Rupjan Bibi and others, 2010, 39 CLC (AD)

.... preparation of paper books is dis­pensed with as prayed for. The order of stay granted earlier is extended till disposal of the appeal. Ed. This Case is also Reported in: VII ADC (2010) 651.......t­ed to sell 12 gondas 96 decimals to Safar Ali and subsequently executed a regis­tered kabala dated 3rd Falgoon, 1323 B.S. for entire jote in favour of said Safar Ali who in turn sold 12 gondas of land to Asmat Ali and while Asmat Ali was in possession of 12 gondas of land sold 4 gondas to Abbas ..

Category: Property Law | Date: | Hits: 30

Nur Ahmed Vs. Moktar Ahmed & others, 1988, 17 CLC (HCD)

.... pay a sum of Tk. 250/- to the pre-emptor-opposite party by way of costs. In the result, the Rule is made absolute. No or­der as to costs. Ed. This Case is also Reported in: 41 DLR (1989) 84.......e petitioner for set­ting aside an ex parte order dated 10.4.1982 made in the Miscellaneous case No. 342 filed under section 96 of the State Acquisition and Tenancy Act, 1950 for pre-empting certain land. 2. The petitioner who was pre-emptee in the aforesaid pre-emption case filed an application..

Category: Property Law | Date: | Hits: 29

Abdul Mukit Chowdhury Vs. The Chief Election Com­missioner & others, 1988, 17 CLC (HCD)

....nt any such direction. In the result, the Rule is discharged without costs. The order of stay granted earlier by this Court stands vacated. Ed. This Case is also Reported in: 41 DLR (1989) 57........L.R. (A.D.) 303 which reads as fol­lows: "Mr. Paul the learned counsel argues that the learned Judges of the High Court were wrong in deciding the disputed question of facts relating to title to land which could only have been done by taking proper evidence, oral or documentary.... The quest..

Category: Election Law | Date: | Hits: 119

Abdul Khaleque Vs. Md. Nazim Uddin and another, 2010, 39 CLC (AD)

....ner is permitted to add addi­tional grounds. The order of stay granted earlier by this court shall continue till disposal of the appeal. Ed. This Case is also Reported in: VII ADC (2010) 647.......tition for leave to appeal in this Division. 2. Respondents instituted Title Suit No. 26 of 2001 in the Court of Assistant Judge, Keranigonj, Dhaka seeking above relives in respect of .21 acres of land of Plot No.37 in Mouza Joynagar, Keranigonj. They claim that the petitioner has been threatenin..

Category: Property Law | Date: | Hits: 33

Altaf Hossain and others Vs. State, 2001, 30 CLC (HCD)

..... The accused appellants, who are currently on bail, are discharged from their bail bonds. Send down the lower Courts records immediately. Ed. This Case is also Reported in: 54 DLR (2002) 464.......nt. He stated that subsequently the miscreants forcibly took away Taka 5,000 from the informant when he was coming back home from Magura. 16. In cross-examination he clearly admitted that he has a land dispute with accused Altaf. He also stated that there are two groups in their village and he be..

Category: Criminal Law | Date: | Hits: 28

Shahjahan Faraji and another Vs. State, 2002, 31 CLC (HCD)

....he date of receipt of the order. Communicate the order to the learned Magistrate, Barisal at once for his information and necessary action. Ed. This Case is also Reported in: 54 DLR (2002)457.......t of Barisal. 2. Mr. Mostafa, the learned Advocate appearing for the accused-petitioners, submits that the accused-petitioner are residents of Bhola PS under the District of Bhola and the disputed land is situated within the jurisdiction of Bhola. It has been alleged that there is no place named ..

Category: Procedural Law | Date: | Hits: 61

Ali Sikder (Md.) Vs. Government of Bangladesh & Others, 2002, 31 CLC (HCD)

....মের দখল বুঝিয়ে দিবেন। The respondent No. 3 advised the respondent No. 4 to withdraw the said suit which was a pre-condition for implementation of the amicable settlement. The respondent No. 4 filed an application withdrawal of the said suit before the learned......a substantial question of law as to the interpretation of Constitution. His prayer for certificate is refused as we do find the case to be so. Ed. This Case is also Reported in: 54 DLR (2002)453...

Category: Property Law | Date: | Hits: 22

Duran Begum Vs. DC and Magistrate, 2nd Class, Railway Lands and Buildings and others, 2000, 29 CLC (HCD)

....dated 25-10-1999 Annexure A to the Writ Petition is hereby declared to have been made without any lawful authority and is of no legal effect. Ed. This Case is also Reported in: 54 DLR (2002) 448.......why the impugned notice complained against should not be declared to have been made without any lawful authority and of no legal effect. 2. The case of the petitioners Mrs. Doris Begum is that the land comprising an area of acres appertaining of CS plot Nos. 203 and 204 SA plot Nos. 53, 558, 557 ..

Category: Property Law | Date: | Hits: 22

Shishir Kanti Pal and others Vs. Nur Muhammad and others, 2001, 30 CLC (HCD)

.... impugned Judgment and decree calling for interference by the Court. In the result, this Rule is discharged without any order as to costs. Ed. This Case is also Reported in: 54 DLR (2002) 440....... short, is that previously they were the inhabitants of village Amarpur under police station Birganj of Tripura State within Indian Dominion having their ownership and possession in ‘B’ scheduled land in India. The ‘A’ scheduled land to the plaint belonged to Sree Gopal Chandra Pal and 10 ot..

Category: Property Law | Date: | Hits: 23

Mustafa Kabir Uddin Ahmed Vs. Badrun Nessa Chowdhury, 2002, 31 CLC (HCD)

....hus disposed of on the above terms and conditions. Let the lower court’s records down expeditiously with a copy of this judgment and order. Ed. This Case is also Reported in: 54 DLR (2002) 416.......nt for the purpose of disposal of this Rule is that plaintiff-petitioner filed Title Suit No.337 of 1988 subsequently renumbered as Title Suit No. 174 of 1992 for declaration of his title in the suit land. 3. The defendant No.1 entered appearance in he suit and filed a written statement but did n..

Category: Procedural Law | Date: | Hits: 83

Dewanbagh Darbar Sharif and another vs. Government of the People’s Republic of Bangladesh and others, 2002, 31 CLC (HCD)

....any direction in accordance with law in case of holding of any big congregation. With the observations made above the rule is disposed of. Ed. This Case is also Reported in: 54 DLR (2002) 413.......as submitted that the petitioner, had been preaching Sufism by establishing a Darbarsharif at Mouza Monoharkharbagh and Khashpara under PS Bandar, District Narayanganj after purchasing 24-97 acres of land. The learned Advocate has further submitted that different religious functions and assemblies a..

Category: Property Law | Date: | Hits: 25

Osi Meah Sowdager Vs. Tulsidham Akherar Madan Mahan Narasingha and others, 2002, 31 CLC (HCD)

....y of which has been marked as Ext B (1). Thereafter, one Jogo Maya purchased the major portion of the interest of Raimohan and Harimohan by kabala dated 25-8- 1948 in respect of plot No. 360 and took settlement of the entire land of RS plot No, 358. Subsequently by filling up the major portion of s......d. 4. Mr. Bhishna Dev Chakroborty, the learned Advocate appearing for the plaintiff-opposite party, supports the impugned judgments. 5. The case of the plaintiff-opposite party is that the suit land recorded in RS Plot No. 358 of Mouza Ander Killa, PS Kotwali, District Chittagong belonged to t..

Category: Civil Law | Date: | Hits: 69

Nadera Banu Vs. Protiva Rani Sen Gupta and others, 2003, 32 CLC (HCD)

....Judge is hereby directed to dispose of the suit as expeditiously as possible, preferably within months from the date of receipt of the order. Ed. This Case is also Reported in: 55 DLR (2003) 149.......District Judge, Chittagong in Other Class Suit No. 48 of 1991 rejecting the petitioner's application under Order XXVI rule 9 of the Code of Civil Procedure for holding local investigation in the suit land. 2. Opposite party Nos. 1‑2 as plaintiffs instituted Other Class Suit No. 48 of 1991 befor..

Category: Property Law | Date: | Hits: 31

Zakir Hossain and another Vs. State, 2002, 31 CLC (HCD)

.... and sentence dated 20‑1‑92 by trial Court against appellants Zakir Hossain and Suruj Miah be accordingly upheld. Record be sent down. Ed. This Case is also Reported in: 55 DLR (2003) 137.......ort. Exhibit 1 and shows that in first information report PW 1 informant disclosed that he saw the accused coming out of a ditch on the bank of the tank and saw them running away through muddy watery land to west of tank. PW 1 stated in deposition at the trial that he saw the accused leaving by the ..

Category: Criminal Law | Date: | Hits: 34

Zakir Hossain Munshi Vs. Government of the People's Republic of Bangladesh, 2002, 31 CLC (HCD)

.... contract the aggrieved party can sue for damages or any other appropriate remedy. But not by way of invoking the writ jurisdiction. On the other hand, when the Government grants lease, privilege, settlements, etc. the Government acts and discharges sovereign function "performing function in conn......vereign function "performing function in connection with affairs of the Republic or the local authority". Such function can best be appreciated if matters of settlement of hat, bazar, fisheries, khas land, etc. are kept in view. The Government acts in these affairs in pursuance of some statuary powe..

Category: Information Technology Law | Date: | Hits: 217

Hajee Abul Hossain and others Vs. Md. Amjad Hossain and others, 2010, 39 CLC (AD)

....land on receipt of the consideration amount. 4. The suit was contested by the respondent Nos.1 and 2. Their case, in short, is that Pear Baksha, the predecessor of the respondent Nos. 1 and 3 took settlement of .11 acres of land out of the suit C.S. Khatian from the ex-landlord, and after the dea......ecree dated 27th February, 1989 of the Subordinate Judge, Second Court, Dhaka in Title Suit No.77 of 1986. Appellants instituted the above suit seeking declaration of title in respect of .09 acres of land and also for declaring a deed dated 10th January, 1987 executed by the respondent No. 2 in favo..

Category: Property Law | Date: | Hits: 36

Azim vs. Naim Ara Begum, 2003, 32 CLC (HCD)

.... dischareged without any order as to costs. The stay order passed in connection with the Rule stands vacated. Send down the LCR at once. Ed. This Case is also Reported in: 56 DLR (2004) 158. ......faulter and the plaintiff had no contractual obligation to allow the defendant to retain possession of the property after expiry of the contract period. The defendant had established a factory on the land, of the plaintiff on the basis of monthly payable rent and, as such, there was a salish and it ..

Category: Property Law | Date: | Hits: 28