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State Vs. Badshah Mollah, 1988, 17 CLC (HCD)

.... set aside. We direct that the con­demned-prisoner Badsha Mollah be set at liberty forthwith if not wanted in connection with any other case. Ed. This Case is also Reported in: 41 DLR (1989) 11....... trend of Cross-Examination of the P.Ws. and the suggestions put forward to them is that the informant and de­ceased Babu Mollah had enmity with accused Badsha Mollah over a dispute relating to some landed prop­erty and that there were village-factions and also dis­pute over the Kaisher beel and ..

Category: Criminal Law | Date: | Hits: 42

Shamsul Alam and others Vs. A.F.R. Hassan and others, 1985, 14 CLC (HCD)

....is liable to be quashed. Accordingly, the rules are made absolute and the impugned proceeding is quashed. Abdul Bari Sarker J. - I agree. Ed. This Case is also Reported in: 40 DLR (1988) 46.......ions which postulate the existence of a fiduciary relationship between the complainant and the accused. The above exposition of the concept of 'entrustment' does not cover or include a transaction of land or money with or without condition. The reason seems to be fairly simple. In a transaction of l..

Category: Criminal Law | Date: | Hits: 67

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.......he present appellants. Their case, inter alia, is that they are the owners of the property described in the schedule to the plaint which consists of their homestead and a tank measuring 32.25 acre of land. On 12th August, 1948 in order to avoid creditors they executed kabala purporting to transfer t..

Category: Property Law | Date: | Hits: 29

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

....the aforesaid suit for declaration of title in 5 acres of land described in schedule "A" to the plaint and also for a declaration that the order dated 3.10.1961 of the Board of Revenue cancelling the settlement of the said land was null and void on the allegations, inter alia, that the appellant cam......ated 21.1.64 passed by the learned subordinate judge, 1st Court, Barisal in Title Suit No.7 of 1963. 2. The plaintiff appellant instituted the aforesaid suit for declaration of title in 5 acres of land described in schedule "A" to the plaint and also for a declaration that the order dated 3.10.19..

Category: Property Law | Date: | Hits: 36

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

....tion clause in the agreement and the plaintiff making number of requests for vacating the suit premises but the defendant not vacating the same and also some attempts in fact being taken for amicable settlement of the matter through intervention of the well-wishers of the parties but still the defen......y in view of Clause-H in the agreement and that the defendant offered rent of December, 1992 in favour of the plaintiff but the rent was not accepted nor the rent of January, 1993 was accepted by the landlord and the rent being sent to the landlord by money order the defendant filed House Rent Case ..

Category: Tenancy Law | Date: | Hits: 148

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.......s, maid servants and petty private service holders respectively who are living in Gudaraghat Basti (briefly as Basti). The Basti is situated in CS and SA Plot Nos. 776 measuring an area 1.15 acres of land and 777 measuring an area 0.50 acres of land, total area 1.65 acres of land, under Joarshahara ..

Category: Constitutional Law | Date: | Hits: 171

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

....blem of backlog of cases and also for speedy disposal of cases we may adopt the alternative dispute resolution (ADR) mechanism. It may be recalled that in this part of the world the oldest dispute settlement system was village salish, though by now salish system has degenerated people in the cou......damental rights even then the judiciary upheld its independence by ensuring that a judge of the superior court cannot be appointed without consultation with the Chief Justice. So is the case in England, mother of common law. In United Kingdom, the Lord Chancellor, who is a cabinet member, ranks ..

Category: Criminal Law | Date: | Hits: 130

Mohshinul Islam Vs. Rajdhani Unnayan Kartripakkha and others, 1999, 28 CLC (HCD)

....esult, both the Rules are made absolute in part without any order as to cost with the above declaration and direction. Ed. This case is also Reported in: 52 DLR (HCD) (2000) 12.   ......dated 18-10-92 (Annexure-F) shall not be declared to have been made without any lawful authority and of no legal effect and the respondents were directed not to change the nature and character of the lands earmarked in the original master plan (possibly meant layout plan) for community purpose, recr..

Category: Property Law | Date: | Hits: 55

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.......) should not be declared to have been made without lawful authority and of no legal effect. Case of the petitioner is that the respondent No.1 decided to undertake a project to develop 47.90 acres of land in Bhasantek area under Dhaka in Cantonment PS for rehabilitation and housing of slum dwellers ..

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.......d 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 any lawful authority and not binding on him. The suit was contested by oppo..

Category: Procedural Law | Date: | Hits: 66

Md. Alimuddin and others Vs. Alhaj Md. Abu Daud, 2010, 39 CLC (AD)

.... rightly held that there was no illegality in decreeing the suit. We find no substance in this petition which is accordingly dismissed. Ed. This Case is also Reported in: VII ADC (2010) 608. ......i­tioners appeared before the trial court and contested the suit by filing written state­ment. 3. The plaintiff’s case, in brief, is that Kefatullah and Esamuddin were the own­ers of the suit land including other lands. By amicable partition Esamuddin and Kefatullah got 1.32½ acres of land ..

Category: Property Law | Date: | Hits: 36

Amal Chandra Dhupi @ Das and others Vs. Lakshan Chandra Das and others, 2010, 39 CLC (AD)

....s." The security of Tk. 1000/- is to be deposited within one month. The preparation of the paper book is dispensed with as prayed for. Ed. This Case is also Reported in: VII ADC (2010) 605....... those dated 31st July, 2002 of the learned Assistant Judge, Betagi in Title Suit No.63 of 1999. 2. Respondent Nos. 1 and 2 instituted the above suit seeking declaration of title of 2.385 acres of land appertaining to S.A. khatian Nos. 635 and 629, correspon­ding to R.S. khatian Nos. 31 and 418 ..

Category: Property Law | Date: | Hits: 27

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.......azipur in Miscellaneous Case No.9 of 1998. 2. The respondents instituted Miscellaneous Case No.9 of 1998 in the 1st Court of the learned Senior Assistant Judge, Gazipur for pre-emption of the case land claiming as co-sharers. The case of the pre-emptors, in short, is that the land in question app..

Category: Property Law | Date: | Hits: 22

Md. Ahia Vs. Md. Azimuddin and others, 2010, 39 CLC (AD)

....judgment of the appellate court which was the last court of fact. We find no substance in this petition which is accordingly dismissed. Ed. This Case is also Reported in: VII ADC (2010) 600. ......llowed the appeal by judgment and decree dated 09.10.2005 by setting aside the aforesaid judgment and decree of the trial court. 3. The case of the plaintiff petitioner, in short, is that the suit land measuring about 23.50 decimals with other lands of total area 71 decimals situated within mouza..

Category: Property Law | Date: | Hits: 25

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....... local administration forcibly close down Nutan Bazar with a view to start K.D.D.B. new market and accordingly, the plaintiffs with the permission of K.D.D.B. construct­ed and erected shops over the land of K.D.D.B. hereby the bank of Patuakhali river with their own expenses; that the plaintiffs as..

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.......arned Additional District Judge affirmed with modification of those of the Courts below. 2. The predecessor of the petitioners insti­tuted the suit for partition claiming a saham of 1.50 acres of land. The plaint case in short is that Habi Mondal and Halim Mondal were the owners of schedule 1 an..

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.......itle Suit No.10 of 1999. 2. The respondents No.1-7 instituted Title Suit No.10 of 1999 in the Court of Assistant Judge, Bhedergonj, Shariatpur for declara­tion of title in respect of .08 acres of land as described in schedule to the plaint with a further declaration that the deed No.1475 dated 1..

Category: Property Law | Date: | Hits: 21

Gazipur Razzakia Janakallyan High School Vs. Govt. of Bangladesh, 2010, 39 CLC (AD)

.... contention of the learned counsel for the petitioner. There is no merit in this leave petition. The petition is therefore, dismissed. Ed. This Case is also Reported in: VII ADC (2010) 581. ......rdinate Judge, 2nd Court, Laxmipur in Title Suit No.30 of 1995. 2. Petitioner instituted the above suit against the respondent for declaration of title in the suit property measuring 2.67 acres of land as described in the schedule to the plaint. Its' case is that Kali Mohon Sen Gupta, the recorde..

Category: Property Law | Date: | Hits: 26

Kanal Chandra Das being dead his heirs; Reba Rani and oth­ers Vs. Sree Nripendra Chandra Mandal and others, 2010, 39 CLC (AD)

....o prepare paper books out of Court in accordance with Rules. The order of stay granted earlier is extended till disposal of the appeal. Ed. This Case is also Reported in: VII ADC (2010) 577. ......in Title Appeal No.147 of 1997 reversing those dated 04.06.1997 passed by the Subordinate Judge, 3rd Court, Naogaon in decreeing the suit. 2. The facts involved in the case, in short, are that the land of lot No.1 of 'Ka' sched­ule land of the plaint belonged to Gadadhar, Gaur and Netai; that be..

Category: Property Law | Date: | Hits: 58

Mst. Komla Begum and another Vs. Md. Shahab Ali and others, 2010, 39 CLC (AD)

....a Kanta Mukhopadhya in 1345 B.S. and got physical possession thereof Md. Yunus Ali Mollah, the predecessor-in-interest of the respondent Nos.5-9, also claimed title to the suit land on the basis of a settlement from Girija Kanta Mukhopadhaya and Chinta Haran Mukhopdhaya. In such circumstances, Abdul......e Munsif Court of Sreepur Upazila and was renumbered as Title Suit No.425 of 1983 against Bangladesh and others. The suit was for declaration of title and confirmation of possession alleging that the land meas­uring 3.31 acres of D.S. Khatian Nos.687, 589, 10003, 678 of mouza Nohata, Police station..

Category: Property Law | Date: | Hits: 28