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Ala Meah, being dead his heirs are Syed Ali & ors. Vs. Ali Ahmed, 1986, 15 CLC (HCD)

....e Judge for fresh disposal of the appeal in the light of the observations made herein above. In the circumstances I make no order as to costs. Ed. This Case is also Reported in: 40 DLR (1988) 26.......eclaration that the kabala dated 12th August, 1948 standing in favour of defendant No. 1 was a benami document and also for permanent injunction restraining the defendants from entering into the suit property, damaging the huts and dispossessing the plaintiffs there from. It was bought by one Ala Mi..

Category: Property Law | Date: | Hits: 29

Abdul Khalek Khan Vs. Government of Bangladesh, 1986, 15 CLC (HCD)

....Additional District Judge dismissing the suit is maintained. In the facts and circumstances of the case there will be no order as to costs. Ed. This Case is also Reported in: 40 DLR (1988) 21....... of execution of the kabuliyat i.e. on 2.7.55 in view of the petition filed by the appellant on 4.2.58, Ext. A(1) wherein the appellant himself stated that the Government enjoyed the usufructs of the property for the 23 years namely, from 1955-56 to 1957-58. So considering all these materials on rec..

Category: Property Law | Date: | Hits: 36

Arab Bangladesh Bank Ltd. Vs. Ziauddin and others, 1998, 27 CLC (HCD)

....d by the trial Court while disposing of the suit on merit. The connected Memorandum of Cross Objection is accordingly disposed of. Ed. This Case is also Reported in: 52 DLR (HCD) (2000) 36. ......o either or survivor, does not, on his death, constitute a gift by him to the latter. In that decision it has been held that on his death the amount in deposit is payable to his heirs as his absolute property and we have also before us the case of Guran Ditta and another Vs. T Ram Ditta, reported in..

Category: Banking Law | Date: | Hits: 122

Bashiruddin Ahmed Vs. Ministry of Finance, National Board of Revenue, 1996, 25 CLC (HCD)

....n the result, the Rule is discharged without any order as to costs. The stay order granted by this Court earlier is hereby vacated. Ed. This Case is also Reported in: 52 DLR (HCD) (2000) 33. ......sion Bench of this Court inter alia, held that in view of the provision of section 45 of the Forest Act it is quite clear that the drifted timber coming through the river waters from India became the property of the Government Bangladesh and had vested with its Forest Department. It is further obser..

Category: Fiscal/Taxation Law | Date: | Hits: 86

Bangladesh Legal Aid and Services Trust (BLAST) Vs. Bangladesh and Others, 1999, 28 CLC (HCD)

....a copy of this order to the home Ministry and IGP for their information and necessary action in the light of observations in the judgment. Ed. This Case is also Reported in: 4 BLC (1999), 600. ......to people to enforce their human rights guaranteed by the Constitution and to uphold the supremacy of the Constitution and rule of law including taking action in the public interest to protect public property and rights, as envisaged by the law and the Constitution. Meanwhile during last three years..

Category: Criminal Law | Date: | Hits: 106

Bashir Ahmed and others Vs. Ayub Ali Mollah, 1998, 27 CLC (HCD)

....ting the defendant tenant if he does not vacate the suit premises within 60 (sixty) days. Send down the lower Court record at once. Ed. This case is also Reported in: 52 DLR (HCD) (2000) 55. ......t No. 03 of 1994 dismissing the suit. 2. Petitioner as plaintiff instituted the suit in question for ejectment of the defendant-opposite party, a monthly tenant, stating, inter alia, that the suit property originally belonged to Fulesa Khatun who transferred the suit premises by a deed of gift in..

Category: Tenancy Law | Date: | Hits: 148

Jebun Nessa Zaman and Others Vs. Hosne Ara Lili, 2001, 30 CLC (HCD)

....uit is dismissed. The order of stay granted at the time of issue of the Rule is recalled. Send down the records at once. Ed. This Case is also Reported in: 53 DLR (2001) 394. ......as her case as, averred in the body of the plaint. 14. A suit under section 9 of the Specific Relief Act is a summary procedure and a prompt remedy for the person who was dispossessed of immovable property without his consent. The section gives a special privilege to such person in possession and..

Category: Civil Law | Date: | Hits: 82

BLAST Vs. Government of the People’s Republic of Bangladesh and others, 2007, 36 CLC (HCD)

.... With the above observations the Rule is disposed of without any order as to cost. Communicate the order at once. Ed. This Case is also Reported in: 13 BLC (2008) 384, 8 LG (2011) HCD 325.......ected that social justice shall be established and the people shall be provided with the bare minimum necessities of life. Admittedly, the petitioner Nos. 1-5 and other slum dwellers do not claim any property right on any land. They are only begging for a place to hide their heads so that they can t..

Category: Constitutional Law | Date: | Hits: 171

State Vs. Chief Editor, Manabjamin and others, 2002, 31 CLC (HCD)_Part Two

....ffice is directed to send a copy of this judgment to the Secretary, Law Commission, Dhaka, for perusal and necessary action. Ed. This Case is also Reported in: 57 DLR (2005) 359. Part One ......as it might, at first sight appear, from each other not only in importance but in general character and scope. They will be found, however, on careful examination, to possess one common quality or property , they are all, or at any rate most of them, rules for determining the mode in which the d..

Category: Criminal Law | Date: | Hits: 130

North South Property Development Ltd. Vs. Secretary, Ministry of Land and another, 1999, 28 CLC (HCD)

....n the above facts and circumstances we find no merit in this Rule. In the result, the Rule is discharged without any order as to cost. Ed. This Case is also Reported in: 52 DLR (HCD) (2000) 7.......n the above facts and circumstances we find no merit in this Rule. In the result, the Rule is discharged without any order as to cost. Ed. This Case is also Reported in: 52 DLR (HCD) (2000) 7...

Category: Civil Law | Date: | Hits: 92

Narayan Chandra Saha and another Vs. Jatindra Chandra Saha and others, 1999, 28 CLC (HCD)

....anted by this court at the time of issue of the Rule hereby stands vacated. Let the appeal be heard and disposed of as early as possible. Ed. This case is also Reported in: 52 DLR (HCD) (2000) 5....... The suit being Title Suit No.22 of 1982 was instituted in the court of 2nd Munsif at Brahmanbaria by the petitioner as plaintiff for a declaration that the notice dated 06-02-82 issued by the vested property authorities asking him to surrender the possession of schedule-B land is illegal, without a..

Category: Procedural Law | Date: | Hits: 66

Government of the People’s Republic of Bangladesh and others Vs. Md. Jahangir Ali and Another, 2001, 30 CLC (HCD)

....wn a copy of this judgment to the learned District Judge, Kurigram and Deputy Commissioner, Kurigram for taking necessary action accordingly. Ed. This Case is also Reported in: 53 DLR (2001) 365.......wn a copy of this judgment to the learned District Judge, Kurigram and Deputy Commissioner, Kurigram for taking necessary action accordingly. Ed. This Case is also Reported in: 53 DLR (2001) 365...

Category: Procedural Law | Date: | Hits: 88

Abdur Rahman and others Vs. Md Shamsul Huq and others, 2000, 29 CLC (HCD)

....ept on emergent ground. The office is directed to send a copy of the order at once to the Court of the learned District Judge, Mymensingh. Ed. This Case is also Reported in: 53 DLR (2001) 364.......r permanent injunction restraining the defendants from dispossessing the plaintiff or his tenants or any other persons of the plaintiff or disturbing the plaintiff’s peaceful possession of the suit property. In the said suit the plaintiff prayed for an order of temporary injunction which was ultim..

Category: Procedural Law | Date: | Hits: 86

Md. Mansur Rahman Vs. Abdul Mannan Sardar and others, 2009, 38 CLC (AD)

....ly. In the facts and circumstances of the case, we do not find any merit in the appli­cation. The petition is accordingly dismissed. Ed. This Case is also Reported in: VII ADC (2010) 623.......filed Execution Case No. 142 of 2000 and com­plying with the provisions of the Artha Rin Adalat Ain, 2003, and under direction of the Executing Court an auction-sale notice for sale of the mortgaged property was published in two daily newspapers and the judgment debtor-petitioner hereof entered app..

Category: Civil Law | Date: | Hits: 79

Abdur Rashid alias Abdur Rasheed Vs. Judge, Artha Rin Adalat No.1, Chittagong, 2009, 38 CLC (AD)

..... We find that the High Court Division committed no illegality in discharging the Rule. Accordingly the leave petition is dis­missed. Ed. This Case is also Reported in: VII ADC (2010) 611....... Court Division and other papers on record. 10. It appears that the High Court Division considered the prayer of the petitioner and having considered the admission of the petitioner that he has no property at all rightly held that the question of realization of the decreetal amount as per sub-sec..

Category: Civil Law | Date: | Hits: 77

Md. Helal Uddin and others Vs. M. A. Jakir and another, 2010, 39 CLC (AD)

....rightly affirmed the judgments of the Courts below. We, therefore, find no merit in this petition. The petition is accordingly dismissed. Ed. This Case is also Reported in: VII ADC (2010) 604.......h of hiba and he sold .08 acres of land out of .17 acres of land by sale deed No.7989 dated 7th August, 1995, in favour of pre-emptee No.1 on condition that he would transfer the rest portion of that property, delivered the total .17 acres. Thereafter the pre-emptee No.5 being owner of .44 acres of ..

Category: Property Law | Date: | Hits: 22

Md. Mafiz and others Vs. Bangladesh, 2010, 39 CLC (AD)

....ent and order dated 16.06.2008 recorded by the High Court Division in Civil Revision No. 2102 of 1995 is stayed till disposal of the appeal. Ed. This Case is also Reported in: VII ADC (2010) 598.......intiffs have constructed their shops on Government khas land and the Government never permitted them to pos­sess the khas land and the acceptance of tolls K.D.D.B. do not vest any title of the suit property with the plaintiffs; that the suit is barred by P.O. 85 of 1972 and that the area of K.D.D...

Category: Property Law | Date: | Hits: 31

Alekjan Bewa and others Vs. Arefa Bewa and others, 2009, 38 CLC (AD)

....the above, we find no merit in the contention of the learned counsel for the petitioners. The petition is therefore, summarily dismissed. Ed. This Case is also Reported in: VII ADC (2010) 593.......ll the date of passing of the final decree and if any co-sharer prays for allot­ment of saham out of the ejmali land on payment of proper Court fee, the Court can allow such prayer out of the ejmali property without disturbing the share of the decree holder. In this case, the learned single Judge o..

Category: Property Law | Date: | Hits: 23

Joynal Abedin Vs. Ali Azam Saibal and others, 2010, 39 CLC (AD)

....t of appeal below. I find no merit in the contention of the learned counsel for the petitioner. The application is therefore, dismissed. Ed. This Case is also Reported in: VII ADC (2010) 590.......covered by the deed are not situated. In view of the above, learned Single Judge of the High Court Division observed "Section 28 of the Registration Act speaks that doc­ument which affects immovable property shall be presented for registration in the office of Sub-Registrar within whose Sub-Distric..

Category: Property Law | Date: | Hits: 21

Government of Bangladesh Vs. Md. Atiar Rahman Khan and others, 2010, 39 CLC (AD)

.... is condoned. Preparation of the paper book is dis­pensed with as prayed for. The petitioner is permitted to add addi­tional ground. Ed. This Case is also Reported in: VII ADC (2010) 587....... is condoned. Preparation of the paper book is dis­pensed with as prayed for. The petitioner is permitted to add addi­tional ground. Ed. This Case is also Reported in: VII ADC (2010) 587...

Category: Limitation Law | Date: | Hits: 149