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State Vs. Mizanul Islam alias Dablu & another, 1987, 16 CLC (HCD)

....s hereby set aside and he is set at liberty forth with if not wanted in connection with any other case. D.M. Ansaruddin Ahmed J. -I agree. Ed. This Case is also Reported in: 40 DLR (1988) 58.......timony of P.Ws. 2, 3 and 4 re­ceived complete support from medical evidence in re­spect to nature and site of injury caused by sharp cutting weapon like dagger. It is well settled that re­coveries land corroborative support to ocular evi­dence. Recovery of plastic sandal at place of occur­rence..

Category: Criminal Law | Date: | Hits: 61

Paul Reinhurt Limited and another Vs. Prime Textiles Spinning Mills Ltd. and others, 2001, 30 CLC (HCD)

.... lands by foreign arbitrators, to which foreign law is applicable and in which a foreign national is involved.” “The parties, therefore, must be deemed to have adopted the American law for the settlement of their disputes by arbitration. This is confirmed by two other circumstances. The forum......ontracts as the arbitrator. As the plaintiff did not turn up, defendant No. 3 on 22-10-92 made the award ex parte. The plaintiff first on 12-1-93 took an action before the High Court of Justice at England being 1993 Folio No. 41. The action was dismissed for want of steps by the said Court by its or..

Category: Civil Law | Date: | Hits: 101

M. Abul Quashem & ors. Vs. Moulvi Abdur Rab Miah & others, 2002, 31 CLC (HCD)

....ceipt of the order in accordance with law. Stay granted earlier is hereby vacated. Communicate the order to the Court concerned at once. Ed. This Case is also Reported in: 55 DLR (2003) 32.......rial facts for disposal of the Rule are that the defendants in the original suit are the 2 as plaintiffs instituted the Title Suit No. 28 of 1994 for declaration of their title in respect of the suit land described in 'Ka' schedule of the plaint and for further declaration that the decree in questio..

Category: Property Law | Date: | Hits: 28

Gazi Tayebur Rahman Vs. Saikh Md. Ali and others, 2002, 31 CLC (HCD)

....preferably within 3 months from the date of receipt of this order by the lower Court. Communicate the order to the Court concerned at once. Ed. This Case is also Reported in: 55 DLR (2003) 29.......s.1 and 2 under section 151 of the Code was also rejected on 18‑1‑94. Thereafter, on 30‑10‑95 the pre‑emptor­ petitioner filed an application for delivery of possession of the pre‑empted land on the basis of the ex parte order dated 21‑9‑93 passed in the original Miscellaneous Case ..

Category: Property Law | Date: | Hits: 36

Aliluddin and others Vs. Ministry of Land Administration and Land Reforms & others, 1999, 28 CLC (HCD)

....hout lawful authority and to be of no legal effect. In the result, the Rules are discharged without however any order as to costs. Ed. This Case is also Reported in: 52 DLR (HCD) (2000) 112. ......of no legal effect. 3. In Writ Petition No.964 of 1994 Petitioners Aliluddin and seven others challenged the impugned order dated 6-4-1994 (Annexure ‘L’ contending inter alia that a quantum of land measuring 5.61 acres appertaining to CS Khatian No. 21 corresponding to SA Khatian No.30 and CS..

Category: Property Law | Date: | Hits: 31

Osman Ali (Md) Vs. Md. Makbul Hossain and Others, 1999, 28 CLC (HCD)

....se of the case within 3 months from the return of service of notice for hearing upon the parties after the receipt of the case record. Ed. This Case is also Reported in: 52 DLR (HCD) (2000) 109. ...... 31 of 1984 to its file and number on setting aside the order of dismissal for default. 2. This case exposes the dismal condition of the trial system. On 15-12-73 the petitioner purchased the case land by a deed of sale registration of which was completed on 16-10-75. 3. On 26-12-75 the opposi..

Category: Civil Law | Date: | Hits: 69

Hanif Ali (Md) Vs. Hajera Khatun and others, 2002, 31 CLC (HCD)

....ed to this Rule may briefly be stated as follows:‑ The petitioner was the defendant No. 2 in Other Suit No. 38 of 1984 and prayed for saham in respect of .87 acres of land. The plaintiff No. 2 took settlement of .40 acres of land from Plot No. 7990 by virtue of dakhila from its owner Ahmed Ali and...... 2. The circumstances which led to this Rule may briefly be stated as follows:‑ The petitioner was the defendant No. 2 in Other Suit No. 38 of 1984 and prayed for saham in respect of .87 acres of land. The plaintiff No. 2 took settlement of .40 acres of land from Plot No. 7990 by virtue of dakhi..

Category: Property Law | Date: | Hits: 34

Kalur Hat KC Bilateral School Vs. Sabbir Hossain Chowdhury & others, 1999, 28 CLC (HCD)

....r land in auction on 11-12-1942 in Rent Execution Case No.1955 of 1942 and accordingly, got delivery of possession through Court on 5-5-1943. Said Mahbub Hossain being the owner in possession granted settlement of the suit land for agriculture purpose in favour of the plaintiff school on 2nd Baishak......Class Suit No. 7 of 1996 and allowing the appeal and setting aside the order dated 2-2-97 and upholding the order dated 1-10-96 and directing the parties to maintain status quo in respect of the suit lands. 2. The present petitioner being plaintiff instituted the said suit for declaration of titl..

Category: Property Law | Date: | Hits: 21

Shahjahan Ali Khan (Md) and others Vs. Bangladesh, 1999, 28 CLC (HCD)

....ion of Article 116A of the Constitution. In view of the discussion made above the Rule is discharged without any order as to costs. Ed. This Case is also Reported in: 52 DLR (HCD) (2000) 99. ......ot being at a due amount same has caused serious financial loss to the petitioners. 4. Petitioners being not satisfied with the amount of compensation that was assessed in respect of 4.55 acres of land preferred Arbitration (revision) Case No. 8 1996 before the Arbitration Tribunal (Subordinate J..

Category: Alternative Dispute Resolution | Date: | Hits: 191

Humayun Majid Vs. Bangladesh Bureau of Anti-Corruption and ors., 2000, 29 CLC (HCD)

....t, the Rule is made absolute with cost of Taka 5,000 against the respondent No. 6 and no order as to cost is made against other respondents. Ed. This Case is also Reported in: 54 DLR (2002) 12. ......thout any lawful authority and to be of no legal effect. 2. The short facts leading to the issuance of the Rule are, that the then Government of erstwhile East Pakistan granted lease of a piece of land measuring 10.88 kathas to M/S M Enam Elahi & Brothers, a family partnership firm amongst th..

Category: Anti-Corruption Laws | Date: | Hits: 232

Saroj Kanta Sarker Vs. Seraj‑ud‑Dowla & ors., 2003, 32 CLC (HCD)

....he appeal is allowed with cost. Impugned judgment and decree are hereby set aside. The suit is dismissed. Send down the LCR at once. Ed. This Case is also Reported in: 56 DLR (2004) 39. ......a, which was on transfer to the above court renumbered as Title Suit No. 14 of 2001. Plaintiff instituted the suit for specific performance of a contract and for a 'Kabala' in respect of 1.52 acre of land. 3. Plaint case, in short, is that defendant No. 1 entered into a contract with the plaintif..

Category: Civil Law | Date: | Hits: 78

Abul Hossain and others Vs. State and another, 2003, 32 CLC (HCD)

....esolved and decided in the case only on a proper discussion and assessment of evidence on record. This application is rejected summarily. Ed. This Case is also Reported in: 56 DLR (2004) 12. ...... Magistrate, 1st Class, Nilphamari on 6‑11‑1996 against the accused-petitioners alleging, inter alia, that his father has been the owner, possessor and person in interest of 0.6 decimals of paddy land under Nilphamari Bazar Khatian No. old 152, present 96, plot No. 2376 and that on 30‑10‑199..

Category: Criminal Law | Date: | Hits: 34

Abu Jafar Md. Nurul Islam Vs. DG, Department of Environ­ment, Government of Bangladesh and others, 2003, 32 CLC (HCD)

....6‑11‑2002 vide Annexure E to the writ petition is hereby declared to have been issued without lawful authority and is of no legal effect. Ed. This Case is also Reported in: 56 DLR (2004) 1. ......us‑Ara Khanam of 58/A Senpara (Parbata) Section 10, Mirpur Dhaka a neighbour of the petitioner is the Behan of the present Minister in­ charge of the Ministry of Environment and Forest. Recently a land dispute arose between the petitioner's wife and said Mrs. Ferdous-Ara Khanam in respect of one ..

Category: Environmental Law | Date: | Hits: 226

Osiar Rahman Vs. Dharus Sunnah Islamia Madrasha, 1996, 25 CLC (HCD)

....4 of 1988 is set aside. The Other Suit No.14 of 1988 is restored to its original file and number. Send down the LC Records at once. Ed. This Case is also Reported in: 52 DLR (HCD) (2000) 93. ...... Suit No.15 of 1985 and ultimately obtained the relief ex parte were untrue and, as such, the decree so obtained has not affected right, title and interest of the plaintiff of the instant suit in the land in suit and that as the decree obtained in Other Suit No.15 of 1985 involved right, title and i..

Category: Civil Law | Date: | Hits: 66

Sonali Bank and another Vs. Md. Harun, 1999, 28 CLC (HCD)

.... 43,000.00 are hereby affirmed with interest at the rate of 8% per annum till realisation. Send down the lower Court records at once. Ed. This Case is also Reported in: 52 DLR (HCD) (2000) 75.......edly, the mill was in operation for almost about two years and then it stopped due to lack of finance. It is also an admitted fact that the plaintiff had to spend more money out of his own pocket for land development, construction of the mill house, installation of electricity and all these amountin..

Category: Civil Law | Date: | Hits: 72

M Saleem Ullah, Advocate and others Vs. Bangladesh, 2002, 31 CLC (HCD)

....aka into residential plots and police station is hereby declared to have been made without any lawful authority and to be of no legal effect. Ed. This Case is also Reported in: 55 DLR (2003) 1. ......ter alia, is that the then Government of erstwhile East Pakistan developed the vast Mirpur area into residential plots and nucleus house for a residential estate in 1960s and utilised the vast vacant land at sections 1, 2, 6, 7, 10, 11 and 12 under the master plan approved under the Town Improvement..

Category: Environmental Law | Date: | Hits: 259

Jamal Hossain (Md.) and others Vs. Chairman, 2nd Court of Settlement, Abandoned Buildings, Dhaka and others, 1999, 28 CLC (HCD)

....f Public Works and Urban Development for information at once. In the result, the Rule is made absolute without any order as to costs. Ed. This Case is also Reported in: 52 DLR (HCD) (2000) 67.......nt of Municipal taxes. The case property was duly mutated in the name of their predecessor late Md. Ali Akbar and they are paying rent to the government. While they were living peacefully in the case land a notice was served upon their predecessor on 22-12-82 who after receipt of the notice filed an..

Category: Property Law | Date: | Hits: 28

Dr Abeda Begum and others Vs. Public Service Commission and others, 2006, 35 CLC (HCD)

.... expediti­ously. Communicate a copy of the judgment imme­diately to the respondent No. 1 PSC for taking necessary steps expeditiously. Ed. This Case is also Reported in: 59 DLR (2007) 182. ...... expediti­ously. Communicate a copy of the judgment imme­diately to the respondent No. 1 PSC for taking necessary steps expeditiously. Ed. This Case is also Reported in: 59 DLR (2007) 182. ..

Category: Employment/Service Law | Date: | Hits: 134

AMC Bennett and others Vs. Bangladesh and others, 2006, 35 CLC (HCD)

....petition seems to be frivolous and without any substance. Accordingly, the Rule is discharged with cost of Taka 15,000 (fifteen thousand). Ed. This Case is also Reported in: 59 DLR (2007) 178.......or rehabilitation plots of Mouza Bailjuree corresponding to Sector 11 of the Uttara Residential Model Town. 2. The material facts for disposal of this Rule are, that the petitioner's predecessor's lands were requisitioned and acquisitioned in LA Case No. 2 of 1987-88 under the provision of the Ac..

Category: Property Law | Date: | Hits: 34

Kadam Ali Bhuiyan (Md) Vs. Begum Saheda Nur, 2007, 36 CLC (HCD)

....er at the time of issue of the Rule on 20-4-1999 is hereby recalled and vacated. Send down the records at once. Ed. This Case is also Reported in: 59 DLR (2007) 175; 13 MLR (HCD) (2008) 242. .......Opposite-Parties Judgment February 15, 2007. Result: The Rule is made absolute   Right to easement   If a pathway is used for egress and ingress from his (her) land by anybody for more than twenty years as an easement, nobody or authority is entitled to close ..

Category: Property Law | Date: | Hits: 30