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Aleya Begum and others Vs. Bangladesh and others, 2000, 29 CLC (HCD)

....and redressed slum dwellers and government accepted the same in September, 1989 (Annexure-H). and that ‘Dhaka Municipal Corporation formed “Basti Punarbasan Jami Nirbasan Committee” to identify lands for rehabilitation of slum dwellers of Dhaka City and Annexure ‘J’ is the report of the co......an J Md Abdul Quddus J Aleya Begum and others…………...Petitioners Vs. Bangladesh and others…………..Respondents Judgment October 30, 2000 Cases Referred To- Olga Tellis and others Vs. Bombay Municipal Corporation and others and Vayy......ed. 3. In the united Nations Conference held in Vancouver on May 31, June 14, 1976 recommendation was made to provide shelter, infrastructures and services to less advantaged (Annexure-A) and that in the meeting of the ‘Nagar Daridra Beshayak Jatiya Parishad held on 9-4-90 under chairmanshi.........Petitioners Vs. Bangladesh and others…………..Respondents Judgment October 30, 2000 Cases Referred To- Olga Tellis and others Vs. Bombay Municipal Corporation and others and Vayyapuri Kuppusauni and others Vs. State of Maharashtra and others AIR 19..

Category: Property Law | Date: | Hits: 60

Jarina Khatun & others Vs. Gani Howlader & others, 2000, 29 CLC (HCD)

....e dated 12-9-1993 passed by Assistant Judge at Bakhergonj in Title Suit No. 143 of 1984 dismissing the suit. 2. The plaintiff Tayeb Ali instituted the suit for declaration of his title in the suit land and also for a declaration that the VP Case initiated in respect of the suit land is illegal, v......bide by the ultimate result of the suit. Ed. This Case is also Reported in: 53 DLR (2001) 53. ...... result of the suit. Ed. This Case is also Reported in: 53 DLR (2001) 53. ......nan and others Vs. Akram Ali and others, 43 DLR (AD) 125 & Golam Hafez Mia Vs. Khadem Ali Meah, 29 DLR (AD) 311. Lawyers Involved: Abdus Sobhan Tarafder with Ambia Bulbul Reza, Advocates—For the Petitioners. Md. Rezaul Huq, Advocate—For the Opposite Party Nos. 2-7. Deb Das Samadd..

Category: Property Law | Date: | Hits: 22

Meridian International (Pvt) Ltd and another Vs. Rajdhani Unnayan Kartipakha (RAJUK) and others, 2000, 29 CLC (HCD)

....ners being aggrieved by the said notice dated 22-11.1999 Annexure-E, moved this Court on 4-1-2000 and obtained the present Rule. 6. Both the RAJUK respondent No. 1 and the respondent No. 4 the landlord, opposed the Rule by filing two separate affidavits-in-opposition. 7. The respondent......the petitioners. Ed. This Case is also Reported in: 53 DLR (2001) 35. ......lawful authority and is of no legal effect or such other or further order or orders passed as to this Court may seem fit and proper. 2. The facts as stated in the writ petition, in short, are that, the petitioners took a lease of 2(two) storied building located at House No. 23 Road No. 24 Gul......jdhani Unnayan Kartipakha (RAJUK) and others 44 DLR 515; Abdus Sattar (Md) Vs. Bangladesh and others 48 DLR (AD). Lawyers Involved: Dr Kamal Hossain with Ramjan Ali Sikder, Advocates—For the Petitioners. Shah Khasruzzaman with MA Mannan, Advocates—For Respondent Nos. 1 &..

Category: Property Law | Date: | Hits: 31

Islami Bank Bangladesh Ltd. and others Vs. Abdul Jalil and others, 1999, 28 CLC (HCD)

....declaration that the decree dated 23-3-1995 passed in Title Suit No. 177 of 1994 (formerly Title Suit No. 92 of 1991) is illegal and invalid and the said decree is not applicable to ‘Ga’ schedule land. It is further prayed that the land described in ‘Kha’ Schedule measuring about 94 ajutangs......d. This Case is also Reported in: 53 DLR (2001) 29. ......o. 42 of 1999 should not be set aside. 2. Defendants are the petitioners before this Court. The opposite parties No. 1 to 40 as plaintiffs instituted the instant suit for a declaration that the decree dated 23-3-1995 passed in Title Suit No. 177 of 1994 (formerly Title Suit No. 92 of 1......LR 709. Lawyers Involved: Alhaj Md. Nurul Huq with Chowdhury Taser Ahmad, Muhammad Nazrul Islam, SM Zahangir Alam, AKM Shahidul Huq, Tania Siddiqua and Ms. Chamon Akhter, Advocates –For the Petitioners. Md. Ozair Farooq with Sheikh Awsaful Rahman and SK Md Morshed, Advocates..

Category: Property Law | Date: | Hits: 61

Shaher Khatun & others Vs. State and another, 2000, 29 CLC (HCD)

....d Court, Tangail in Miscellaneous Case No. 337 of 1973 under section 143A of the State Acquisition and Tenancy Act, 1950, shortly the Act, for correction of the record of right in respect of the Case land, that subsequently the petitioners filed the said forged order before the Assistant Commissione...... Present: Md. Ali Asgar Khan J Surendra Kumar Sinha J Shaher Khatun & ors ……… Petitioners Vs. State and another...............Opposite Judgment May 29, 2000. Cases Referred To- Ajit Kumar Sarkar and others Vs. Radhakanta Sarkar and others, 44 DLR 533; Noor...... Case is also Reported in: 53 DLR (2001) 19. ......o Reported in: 53 DLR (2001) 19. ..

Category: Criminal Law | Date: | Hits: 59

Bangladesh Society for the Enforcement of Human Rights (BSEHR) and Others Vs. Government of Bangladesh and others, 2000, 29 CLC (HCD)

....their children and to treat them as unwanted in the society hounding them from their peaceful occupation of house/rooms rented by them from the owners of the buildings. They regularly pay rent to the landlords as well as a large amount of money to different authorities including the law enforcing ag......ciety for the Enforcement of Human Rights (BSEHR) and Others.............Petitioners Vs. Government of Bangladesh and others....................Respondents Judgment March 14, 2000. Cases Referred To- Olga Tellis Vs. Bombay Municipal Corporation AIR 1986 (SC) 180; BLAST Vs. Bangl......lared to be taken/done in violation of their fundamental rights as to residence, profession, trade, calling, etc. and why their confinement in Vagrant Centre should not be declared illegal directing that the sex-workers in custody be brought before the Court so that it may satisfy itself that they a......s Case is also Reported in: 53 DLR (2001) 1. ..

Category: Constitutional Law | Date: | Hits: 264

Md. Abdur Rahim Vs. Md. Amirul Islam & others, 2007, 36 CLC (AD)

....cellaneous Case No.109 of 1996 under section 96 of the State Acquisition and Tenancy Act in the First Court of Subordinate Judge (now Joint District Judge), Rajshahi claiming pre-emption of the case land stating, inter alia, that the pre-emptor is a co-sharer in the case land by purchase and the op......AD) (2010) 128. ......hul Amin J.- By this petition the petitioner seeks review of the judgment dated 17.05.2007 passed in Civil Petition for Leave to Appeal No. 812 of 2004 dismissing the petition. 2. Short facts are that the pre-emptor filed Miscellaneous Case No.109 of 1996 under section 96 of the State Acquisition......Abdur Rahim....................Petitioner Vs. Md. Amirul Islam & others ………………………Respondents Judgment November 8, 2007. Lawyers Involved: Abdus Salam Khan, Senior Advocate, instructed by Chowdhury Md. Zahangir, Advocate-on-Record-For the Petitioner. A.K.M...

Category: Property Law | Date: | Hits: 20

Abul Hashem Vs. International Oil Mills Limited, 2009, 38 CLC (AD)

....ining a permission from the Chittagong Port Authority, respondent No.4 on lease hold basis situated beside the Karnaphuii River where it established its tank terminal business. The area of lease hold land is 1.53 acres which the petitioner is holding on yearly renewable lease since its establishment......010) 117. ......sh Textile Corporation Vs. Nasir Ahmed Chy and others, 7 BLC (AD) 144. Lawyers Involved: Rokonuddin Mahmood, Senior Advocate (Tanjibul Alam, Advocate with him) instructed by Mrs. Sufia Khatun, Advocate-on-Record- For the Petitioner (In Civil Petition No. 2324 of  2008.) Mahmud...... Md. Abdul Aziz J Mr. Abul Hashem .......................Petitioner (In Civil Petition No. 2324 of 2008) Vs. International Oil Mills Limited represented by its Managing Director, North Patenga, Bandar, Chittagong and others .........Respondents (In Civil Petition No. 2324 of..

Category: Property Law | Date: | Hits: 33

Mithu Vs. State, 2009, 38 CLC (AD)

....did not know anything of murder incident and he was falsely implicated in the case as because a dispute arose in between Salma Begum wife of Mizanur Rahman's full brother and his mother in respect of land property sit­uated in Khilgaon Rehabilitation area. 5. The Druta Bichar Tribunal by the...... (2010) 446. ......assed by the Appellate Division in Criminal Petition for Leave to Appeal No. 560 of 2007 by which leave petition was dismissed. 2. The facts leading to presentation of the review petition are that the petitioner along with other accused persons were convicted under Sections 302 and 34 of the ......el Hossain J Mithu…………...........Petitioner Vs. The State………...Respondent Judgment August 23, 2009. Lawyers Involved: AK Badrul Huq, Senior Advocate, instructed by AKM Shahidul Huq, Advocate-On-Record-For the Petitioner. Not Repre..

Category: Criminal Law | Date: | Hits: 46

Md. Farid Khan Vs. Md. Delower Hossain and others, 2010, 39 CLC (AD)

....h Court Division found that no documentary evidence was filed from either side. From the oral evidence on record he found that Abdul Jabbar died prior to 1979 and his son Shajahan Sarder got the suit-land by way of oral gift from other heirs of Abdul Jabbar and trans­ferred the same in favour of th......h 14, 2010. Lawyers Involved: Awlad Ali, Senior Advocate, instructed by Syed Mahbubur Rahman, Advocate-on-Record-For the Petitioners. A.A. Chowdhury, Advocate, instructed by Haridas Paul, Advocate-on-Record-For Respondent No. 2. Not rep­resented-Respondent Nos.1 and 3-4.......ment and order dated 17.12.2008, passed by the High Court Division in Civil Revision No.371 of 2000, in making the Rule absolute and dismissing the suit. 2. The facts of the case in short are that the admitted owner of the suit property was one Jobbar Sarder. He transferred it in favour of th......…………….................Petitioner Vs. Md. Delower Hossain and others…..........Respondents Order March 14, 2010. Lawyers Involved: Awlad Ali, Senior Advocate, instructed by Syed Mahbubur Rahman, Advocate-on-Record-For the Petitioners. A.A...

Category: Property Law | Date: | Hits: 23

Md. Sahfuzul Islam alias Shafizul Vs. Md. Amjad Hossain and oth­ers, 2009, 38 CLC (AD)

....os.1 to 3 filed a suit being the Other Class Suit No.75 of 1996, in the Court of Assistant Judge, Sadar, Rangpur, praying for a decree for declaration that the Nadabipatra in respect of 0.23 acres of land in the suit-land is false and not bind­ing upon them. The present petitioner and other defenda......peal is dismissed. Ed. This Case is also Reported in: VII ADC (2010) 423. ......ion in Civil Revision No.76 of 2001) Judgment ABM Khairul Haque J.-This is a peti­tion for leave to appeal. 2. The facts leading to the filing of this petition, are, in brief, that the respondent Nos.1 to 3 filed a suit being the Other Class Suit No.75 of 1996, in the Court of......th­ers.....................Respondents Judgment October 23, 2009. Lawyers Involved: Khondaker Saiful Huque, Advocate, instructed by A. K. M. Shahidul Huq, Advocate-on-Record-For the Petitioner. Not Represented-the Respondents. Civil Petition for Leave to A..

Category: Property Law | Date: | Hits: 21

Md. Asheque Ali Vs. Md. Shamsul Hoque Sarder and others, 2010, 39 CLC (AD)

....2003. 2. Respondent Nos. 1 and 2 instituted Title Suit No. 87 of 2000 in the Court of Senior Assistant Judge, Sundargonj, Gaibandha, for specific performance of contract in respect of the suit land. The plaintiffs case, inter alia, is that the defendant's father Obaidul Haque was the owner in...... Abedin, Advocate-on-Record-For the Petitioner. Not represented-the Respondents. Civil Petition for Leave to Appeal No. 209 of 2009. (From the judgment and order dated 18.5.2008 passed by the High Court Division in Civil Revision No. 3710 of 2004.) Judgment Surend......tituted Title Suit No. 87 of 2000 in the Court of Senior Assistant Judge, Sundargonj, Gaibandha, for specific performance of contract in respect of the suit land. The plaintiffs case, inter alia, is that the defendant's father Obaidul Haque was the owner in possession in the suit property, who pro­...............Petitioner Vs. Md. Shamsul Hoque Sarder and others…........Respondents Judgment February 15, 2010. Lawyers Involved: Zainul Abedin, Advocate-on-Record-For the Petitioner. Not represented-the Respondents. Civil Petition for Leave to A..

Category: Property Law | Date: | Hits: 17

Saleh Ahmed Vs. Sreemati Rani Prava Mitra and others, 2010, 39 CLC (AD)

...., against the respondent Nos.1 to 8, praying for a decree for parti­tion of the property mentioned in the schedule to the plaint. 4. The case of the plaintiff, in brief, are that admittedly the  land described in schedule-I to the plaint belonged to Nolini Kumar Dey and the land described in Sc......Huq, Advocate-on-Record-For Respondent Nos.1 and 2. Not represented- Respondent Nos. 3-9. Civil Petition for Leave to Appeal No. 1422 of 2009. (From the judgment and order dated 24.02.2008 passed by the High Court Division in Civil Revision No. 3629 of 2004) Judgment ABM Khairul Ha......9 of 2004, in discharging the Rule. 2. There is a delay of 14 (fourteen) days in filing this petition. The delay is condoned. 3. The facts leading to the filing of this petition, in brief, are that this petitioner filed a suit being the Partition Suit No.25 of 1999 in the Court of Joint Distri......mati Rani Prava Mitra and others…………......Respondents Judgment January 26, 2010. Lawyers Involved: Abdul Momen Chowdhury, Advocate, instructed by Md. Aftab Hossain, Advocate-on-Record-For the Petitioner. Subrata Chowdhury, Advocate, instructed by A. K. M. Shahirul Huq, Advoca..

Category: Limitation Law | Date: | Hits: 181

Golam Mostafa Bhuiyan Vs. Abu Taher and others, 2009, 38 CLC (AD)

....2008 in Civil Revision No.1442 of 2008. 2. Petitioner instituted Miscellaneous Case No. 7 of 1999(Preemption) in the Court of Senior Assistant Judge, Sadar, Noakhali for preemption of the case land claiming as co-sharer as well as holding lands contiguous to the lands transferred under sectio...... record-For the Respondent No. 1. Not represented-For respondent Nos. 2-7. Civil Petition for Leave to Appeal No. 1442 of 2008. (From the Judgment and Order dated 21st May, 2008 passed by the High Court Division in Civil Revision No.2334 of 2005) Judgment SK Sinha......reemption of the case land claiming as co-sharer as well as holding lands contiguous to the lands transferred under section 96 of the State Acquisition and Tenancy Act. Petitioner's case in short is that Rashed Miah Bhuiyan, Tanu Miah Bhuiyan, Abdur Razzaque, sons of Soa Miah Bhuiyan were the owners......u Taher and others……………Respondents Judgment August 18, 2009. Lawyers Involved: Abul Kalam Chowdhury, Advocate instructed by A. K. M. Shahidul Huq, Advocate-on-Record-For the Petitioner. M. A. Samad, Senior Advocate, instructed by Md. Nawab Ali, Advocate-o..

Category: Property Law | Date: | Hits: 33

Chand Bibi being died her heirs and others Vs. Mosammat Towhide Begum and others, 2010, 39 CLC (AD)

....e dated 19th April, 2000 of the learned Subordinate Judge, Sirajgonj in Other Class Suit No. 322 of 2001. 2. Plaint case in short is that the suit prop­erty measuring an area of 6.30 acres of land belonged to Asutosh Sarker, Jagodish Sarker, Hrishikesh Sarker, Debendra Nath Sarkar and Gaugam...... Vs. Mosammat Towhide Begum and others…………........Respondents Judgment January 7, 2010. Lawyers Involved: Mahbubey Alam, Senior Advocate instructed by Gias Uddin Ahmed, Advocate-on-Record-  For the Petitioner. Mazibur Rahman, Advocate-on Record-......irajgonj in Other Class Appeal No.86 of 2002 reversing those dated 19th April, 2000 of the learned Subordinate Judge, Sirajgonj in Other Class Suit No. 322 of 2001. 2. Plaint case in short is that the suit prop­erty measuring an area of 6.30 acres of land belonged to Asutosh Sarker, Jagodish......ers...........Petitioners Vs. Mosammat Towhide Begum and others…………........Respondents Judgment January 7, 2010. Lawyers Involved: Mahbubey Alam, Senior Advocate instructed by Gias Uddin Ahmed, Advocate-on-Record-  For the Petitioner. Mazibur..

Category: Property Law | Date: | Hits: 25

Shahin Mia Vs. Parul Begum wife of Ibrahim and others, 2009, 38 CLC (AD)

...., Brahmanbaria, impleading the present petitioner as defendants and respondent Nos.9-22 as other defendant and respon­dent No.23 as Proforma defendant, pray­ing for declaration of title to the suit land and for recovery of Khas possession there­in alleging, inter alia, that the suit plot No. 638 ...... This Case is also Reported in: VII ADC (2010) 394. ......dent Nos.9-22 as other defendant and respon­dent No.23 as Proforma defendant, pray­ing for declaration of title to the suit land and for recovery of Khas possession there­in alleging, inter alia, that the suit plot No. 638 and 639 along with on non suited plot no. 643 measuring 39 decimals of lan...... Order December 17, 2009. Lawyers Involved: Md. Shardur Abul Hossain, Advocate, (appeared with the leave of the Court) Instructed by Md. Nurul Islam Chowdhury, Advocate-on-Record-For the Petitioner. Mazibur Rahaman, Advocate-on-Record-For Respondents Nos. 1-4 and 7. ..

Category: Property Law | Date: | Hits: 43

Riaz Uddin Ahmed Vs. Khondakar Khorshed Ali, 2010, 39 CLC (AD)

....142 of 1977 by practicing fraud upon the Court by showing false report as to service of summons and on the basis of a forged karfa created in the name of a dead person. The plaintiff claimed the suit land by inheritance and possession thereon. 3. The defendant No.1 contested the suit by filin......zlul Karim J Md. Abdul Matin J Md. Muzammel Hossain J Surendra Kumar Sinha J Riaz Uddin Ahmed…………………...Petitioner Vs Khondakar Khorshed Ali alias Khandaker Khorshed Ali being dead his heirs 1(a) Khandaker Mosiur Rahman (Khalil) and others…......th July, 2009 in Civil Petition for Leave to Appeal No. 1733 of 2008. 2. The petitioner filed Other Class Suit No. 72 of 1986 in the Court of Assistant Judge, Basail, Tangail, for declaration that the ex parte judgment and decree dated 26th November, 1977 obtained in Other Class Suit No. 142 ...... Mohammad Fazlul Karim J Md. Abdul Matin J Md. Muzammel Hossain J Surendra Kumar Sinha J Riaz Uddin Ahmed…………………...Petitioner Vs Khondakar Khorshed Ali alias Khandaker Khorshed Ali being dead his heirs 1(a) Khandaker Mosiur Rahman (Khalil) a..

Category: Property Law | Date: | Hits: 21

Muhammad Ali Vs. Mrs. Khaleda Rahman and others, 2009, 38 CLC (AD)

.... Court, Dhaka, rejecting the prayer for pre-emption in Pre-emption Miscellaneous Case No.80 of 1991. 2. The facts in short are that one Syed Mozammel Hossain was the owner of 18J/2 decimals of land in C.S. and S.A. Plot No. 841 and one decimal in C.S. and S.A. Plot No. 843. He transferred .06...... Syed Mahbubur Rahman, Advocate-on-Record-For Respondent No. 1. Not represented-Respondent Nos. 2-8. Civil Appeal No. 206 of 2004. (From the judgment and order dated 08.05.2002 passed by a Single Bench of the High Court Division in Civil Revision No. 1979 of 2000.) Judgm......ant Vs. Mrs. Khaleda Rahman and others...........Respondents Judgment August 17, 2009. Lawyers Involved: T.H. Khan, Senior Advocate instructed by Mrs. Sufia Khatun, Advocate-on-record-For the Appellants. Syed Mahbubur Rahman, Advocate-on-Record-For Re......................................Appellant Vs. Mrs. Khaleda Rahman and others...........Respondents Judgment August 17, 2009. Lawyers Involved: T.H. Khan, Senior Advocate instructed by Mrs. Sufia Khatun, Advocate-on-record-For the Appellants. Syed Mahb..

Category: Property Law | Date: | Hits: 27

Walilullah Vs. Hasina Begum and others, 2009, 38 CLC (AD)

....rayer made in the plaint are as follows: a) a decree for eviction of the defen­dants in favour of the plaintiff and against the defendants, b) delivery of vacant possession of the suit land and the suit hut thereon in favour of the plaintiff after removing all obstacles and obstructio......on (Civil) Present: Mohammad Fazlul Karim J Md. Abdul Matin J Shah Abu Nayeem Mominur Rahman J ABM Khairul Haque J Walilullah being dead his heirs: Hassan Jahid (Babu) and others ...........Appellants Vs. Hasina Begum and others……......s Vs. Hasina Begum and others………........Respondents Judgment July 27, 2009. Lawyers Involved: Rafique-ul Huq, Senior Advocate instructed by Mrs. Sufia Khatun, Advocate On-Record-For the Appellant. Mahmudul Islam, Senior Advocate instructed by Md......(Babu) and others ...........Appellants Vs. Hasina Begum and others………........Respondents Judgment July 27, 2009. Lawyers Involved: Rafique-ul Huq, Senior Advocate instructed by Mrs. Sufia Khatun, Advocate On-Record-For the Appellant. Mahmudul I..

Category: Civil Law | Date: | Hits: 105

Moulvi Abdul Qudus Vs. Bangladesh, 2009, 38 CLC (AD)

....ior Assistant Judge, Feni, in Title Suit No.11 of 1990 decreeing the suit. 2. Facts, in brief, are that the petitioner, as plaintiffs filed the above suit stating that Rani Harshamukhi Singha, land lady of Bhulua of the Pargan State under Touzi No.5, Noakhali Collectorate, police station Daga..........Petitioners Vs. The Government of the People's Republic of Bangladesh represented by the Deputy Commissioner, Feni ............Respondent Judgment May 7, 2009. Case Referred To- A. Mannan and others Vs. Kulada Ranjan Mowali and others, 31 DLR (AD) 195. ......009. Case Referred To- A. Mannan and others Vs. Kulada Ranjan Mowali and others, 31 DLR (AD) 195. Lawyers Involved: Subrata Chowdhury, Advocate, instructed by Mrs. Sufia Khatun, Advocate-on-Record- For the Petitioners. Not represented-the Respondent. Civil ......red To- A. Mannan and others Vs. Kulada Ranjan Mowali and others, 31 DLR (AD) 195. Lawyers Involved: Subrata Chowdhury, Advocate, instructed by Mrs. Sufia Khatun, Advocate-on-Record- For the Petitioners. Not represented-the Respondent. Civil Petition for Leave to ..

Category: Property Law | Date: | Hits: 24