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Azizullah (Md) and others Vs. State and others, 2009, 38 CLC (AD)
....session of Holding No.59/1 Purana Paltan to the respondent No.4 is set aside. There will be no order as to cost. Ed. This Case is also Reported in: 14 BLC (AD) (2009) 142, 16 MLR (AD) (2011) 117....... Ali Yar Khan and Ali Sarwar were shown as Third Party and the property which was the subject matter of the above dispute was stated to be Holding No.58/1-A, Purana Paltan, comprising 2.369 kathas of land with a 5-storied building standing thereon and the boundaries of the same were on the north roa..Category: Criminal Law | Date: | Hits: 62
Md. Ekram Hossain Bhuiyan Vs. Matiar Rahman Bhuiyan and others, 2008, 37 CLC (HCD)
....pposite party No. 1 is dismissed. Let a copy of the judgment along with LC records be sent down at once. Ed. This Case is also Reported in: 29 BLD (HCD) (2009) 201; 14 MLR (HCD) (2009) 175. ......arned Assistant Judge, Narail stating, inter-alia, that the pre-emptor is a co-sharer to the case jote by inheritance as well as by purchase while the pre-emptee is a stranger, who purchased the case land from his father by a registered kabala dated 14.12.1995 at the consideration of Tk. 12,000/-. I..Category: Property Law | Date: | Hits: 37
S.M. Zakir Hossain Vs. Bangladesh, 2009, CLC (HCD)
....hal Progressive Fisherman Co-Operative Society Limited Versus Bangladesh & others reported in BLD 1981 (AD) 103. Their Lordships held that memorandum issued by government and rules relating to settlement of fisheries incorporated in government state manual have no statutory force but merely...... Mir Hashmat Ali J.- I agree. This Case is also Reported in: ..Category: Constitutional Law | Date: | Hits: 121
Justice Syed Md. Dastagir Hossain and ors. Vs. Md. Idrisur Rahman and others, 2009, 38 CLC (AD)
....e convention. 185. The views of Sir W. Ivor Jennings was followed by the Supreme of Canada. The Canada Government sought patriation of the Constitution in the early 1980s, but agreement on the new settlement could not be reached with the provinces. When the Government decided to proceed without i......i, Advocate and another Vs. Government of Bangladesh, 55 DLR 332; Sankal Chand (AIR 1977 SC 2328); A-G vs. Jonthan Cape Ltd. {1976} QB 752; ch 13 B; Commercial Cable Company V. Government of New-foundland, (1916) 2 AC 610, Reyder V. Foley (1906) 4 CLR 422, British Coal Corporation Vs. The King (1935..Category: Constitutional Law | Date: | Hits: 251
Md. Yakub Ali Vs. Nazir Ahmed and others, 2009, 38 CLC (AD)
....he above, we find no substance in the submissions of the learned Advocate for the petitioner. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: ......; Suit No.163 of 1998 in the 3rd Additional Assistant Judge, Noakhali impleading the defendants praying for a decree for permanent injunction restraining the defendants from entering into the suit land by force alleging, inter alia, that the plaintiff purchased the suit land from one Monoza Khat..Category: Property Law | Date: | Hits: 29
Md. Sadequl Alam Vs. Md. Mofizul Haque (Jalal) and others, 2009, 38 CLC (AD)
.... of the above, we find no substance in the submissions of the learned Advocate for the petitioners. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: ......hose dated 04.07.2000 passed by the Senior Assistant Judge in Other Class Suit No.310 of 1987 decreeing the suit. 2. The facts of the case, in short, are that the original owner of the suit land was Mofizul Hoque that the plaintiff exchanged his land with 0.05 acres of R.S. Plot No.182 b..Category: Property Law | Date: | Hits: 27
Golam Mostafa and others Vs. Government of the People’s Republic of Bangladesh, 2007, 36 CLC (AD)
....e do not find any cogent ground to interfere with the same. This Petition is, accordingly, dismissed without any order as to cost. Ed. This Case is also Reported in: ......No.8488 of 2005 discharging the Rule. 2. The facts leading to the writ petition are that for establishment of Jute Mills, the petitioner’s company got allotment of lease of 60 acres of land on 29.04.1963 from the Government and as per terms and conditions as agreed upon and on receip..Category: Property Law | Date: | Hits: 25
Md. Lukman Vs. Rustom Khan and others, 2008, 37 CLC (AD)
.... above, the submissions of the learned Advocate for the petitioner deserve no consideration. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: ......Court for open auction. The said execution case was renumbered as Money Execution Case No.2 of 1985 on transfer to the Court of Subordinate Judge, Sunamgonj but wrongly included the 'Kha' schedule land of the Shoshi Mohan and others in auction. On 09.05.1987 the Court did not accept the auction ..Category: Property Law | Date: | Hits: 51
Special Reference No.1 of 2009, 38 CLC (AD)
....e. Surendra Kumar Sinha J.- I agree with the opinion expressed by my learned brother Md. Abdul Matin, J. in respect of question A and B of the Reference. Ed. This Case is also Reported in: ......orces of other countries of the world. 14. And whereas the following inadequacy and limitations appear for the trial of the offences committed in BDR mutiny if held under the existing laws of the land i.e., Penal Code; a. Penal Code and other Penal laws of the land have not dealt with the off..Category: Constitutional Law | Date: | Hits: 289
Janab Ali (Md.) and another Vs. Salema Khatun and others, 2009, 38 CLC (AD)
....03. Thus, we do not find any merit in the application. Accordingly, the application for leave to appeal is dismissed. Ed. This Case is also Reported in: 61 DLR (AD) (2009) 122. ......n objection asserting, amongst others, that the case is bad for defect of party and that the pre-emptor-petitioner is not a co-sharer in the case jote and that the pre-emptee has developed the case land investing Taka 2000 and that the case land was purchased within the knowledge as well as in p..Category: Property Law | Date: | Hits: 38
Shamsu Meah and others Vs. Government of Bangladesh, 2009, 38 CLC (AD)
....bservation of the High Court Division on the merit, of the case will have no bearing while deciding the dispute by any civil Court. Ed. This Case is also Reported in: VI ADC (2009) 702. ......the impugned Memo dated 16.11.2000 cancelled the allotment of the plots in their favour and also cancelled the approval of the Ministry as regard the Powers of Attorney in respect of the said lands; construction of 500 flats as proposed will not in any way fall within the site plan of ..Category: Property Law | Date: | Hits: 34
Saleh Ahmed and others Vs. Amena Bewa and others, 2008, 37 CLC (AD)
....to inherent power of the court for rejecting plaint. We find no merit in this petition which is accordingly dismissed. Ed. This Case is also Reported in: VI ADC (2009) 695. ......hort, are that the respondents as plaintiffs instituted Other Class Suit No. 50 of 1996 in the Court of the learned Senior Assistant Judge, Rangpur praying for declaration of title to the suit land and also for further declaration that the ex parte judgment and decree dated 13.11.1995 passed..Category: Civil Law | Date: | Hits: 94
Saheb Ali Dewan Vs. Md. Zahirul Hoque Dewan, 2009, 38 CLC (AD)
....e materials on record. We therefore find no reason to interfere with the same. The petition is accordingly dismissed. Ed. This Case is also Reported in: VI ADC (2009) 684. ...... the court of the Assistant Judge, Manikganj against the defendant petitioner praying for a decree for permanent injection restraining the defendant petitioner from dispossessing him from the suit land claiming the suit land on the basis of a deed of exchange dated 22.8.1988 and also the exclusi..Category: Property Law | Date: | Hits: 29
Gour Chandra Majhi Vs. Shusen Kumar Mondal and others, 2009, 38 CLC (AD)
....uit for declaration and injunction to the effect that the order dated 31.03.1986 passed by the defendant No.4, U.R.O. Chittalmari Upazilla, in Miscellaneous Review Case No. 100784-85 in respect of settlement of the 'Ka' schedule land is illegal, void and without jurisdiction and is not binding o......on to the effect that the order dated 31.03.1986 passed by the defendant No.4, U.R.O. Chittalmari Upazilla, in Miscellaneous Review Case No. 100784-85 in respect of settlement of the 'Ka' schedule land is illegal, void and without jurisdiction and is not binding on the plaintiff and to restrain..Category: Property Law | Date: | Hits: 54
Indrajit Dutta Vs. Baidhya Nath Banarjee and others, 2009, 38 CLC (AD)
....he High Court Division believed the heba deed dated 13.01,1982 in favour of the plaintiff No.2. The High Court Division further considered that the present petitioner could not prove the oral settlement nor produced any rent receipts. 7. It appears that in the earlier suit the plaint......nt and order of the High Court Division and other papers on record. 6. It appears that the High Court Division considered that the plaintiffs are the recorded tenants in respect of the suit land and the plaintiff No. 4 paid rent as per exhibit-4 series. The High court Division also consid..Category: Property Law | Date: | Hits: 28
Abdus Sattar Mollah Vs. Abdul Malek Mollah and others, 2009, 38 CLC (AD)
....find no substance in the submission of the learned Counsel for the petitioner. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 671. ......9.05.1997 passed by the Senior Assistant Judge, Sadar, Faridpur in Title Suit No.03 of 1993. 2. The facts of the case, in short, are that one Abbas Sheikh was the original owner of the suit land after his death heirs son Amiruddin, Zainuddin and daughter Banu Khatun inherited the suit lan..Category: Property Law | Date: | Hits: 25
Bangladesh Vs. Mariam Begum and others, 2009, 38 CLC (AD)
....no illegality or infirmity in the above Decision so as to call for any interference. The petition is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 661, 63 DLR (AD) (2011) 122....... Court of Subordinate Judge (now Joint District Judge), Dhaka for declarations that the order dated 23.10.1976 of the Additional Deputy Commissioner (Rev), the defendant No.2, for forfeiture the suit land is illegal and has no binding force in law and their right title and interest in the suit lan..Category: Property Law | Date: | Hits: 25
Md. Badaruddin Howlader Vs. Kazi A. K. M. Sajahan and others, 2009, 38 CLC (AD)
.... accordance with law. There is no merit in the leave petition. 9. Accordingly, the petition for leave to appeal is dismissed Ed. This Case is also Reported in: VI ADC (2009) 657. ......ere we could find any earnest desire or honest move or bonafide intention on the part of the contemner No. 2 and 5 to implement the direction of this Court. On the contrary we find their moves land towards hindering the directions not to implement the order of this Court. Furthermore, the co..Category: Criminal Law | Date: | Hits: 62
Rajdhani Unnayan Kartipakkya (RAJUK) Vs. Jahan Ara Begum and others, 2008, 37 CLC (AD)
....le disposed of with directions therein are, hereby, set aside. Accordingly, the appeals are allowed. Ed. This Case is also Reported in: 61 DLR (AD) (2009) 145; VI ADC (2009) 649. ...... notice of Rajdhani Unnayan Kartipakky (RAJUK) published in the 'Daily Ittafaq' on September 7, 1994 inviting application from the persons who were affected because of the acquisition of their land by the L.A. Case Nos. 138 of 1961-62, 91 of 1957-58 and 26 of 1959-60. The writ petitions as ..Category: Property Law | Date: | Hits: 41
State Vs. Anowar Hossain Pinto alias Anowar Hossain & another, 2009, 38 CLC (AD)
....be set at liberty forthwith." The above short order shall form part of this judgment. Ed. This Case is also Reported in: 61 DLR (AD) (2009) 108; 29 BLD (AD) 2009, 73; 14 MLR (AD) (2009) 328. ...... and, as such, the High Court Division made illegal use of the police diary in disbelieving the PWs 2 and 3. 16. It further appears that the High Court Division confused the pathway and the vacant land as two distinct and different places whereas the path- way has been shown in the sketch map adj..Category: Criminal Law | Date: | Hits: 53
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