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Nani Gopal Hazra Vs. Sree Nagendar Nath Roy and others, 2006, 35 CLC (HCD)
....d to adduce any evidence in this respect. 30. Next we see how far the petitioner has succeeded to prove that Fakuram Hazra had two brothers namely Dhaneswar and Laba Krisha Hazra. It is not disputed that petitioner, Nonigopal, opposite party No.3, Tatul Hazra, and opposite party No.4,......missing the same is set aside and the Misc. case No.58 of 1972 is allowed. Send down the Lower Court's Record at once. Ed. This Case is also Reported in: 26 BLD (HCD) (2007) 540. ..Category: Hindu Law, Property Law | Date: 19 Jul, 2006 | Hits: 15
Mostafa Kamal Vs. State, 2006, 35 CLC (HCD)
.... appearing for the appellant (in Criminal Appeal No.3186 of 2005) submits that the Tribunal on consideration of the fact that victim Jannatun Nur Popy was minor upon calculation of her age from her undisputed date of birth on 20.5.1989 on the basis of school certificate and Registration Card of the ......to the Superintendent of Police, Chittagong and Officer-in-Charge, Rangunia Police Station, P.S. Rangunia, District Chittagong. Ed. This Case is also Reported in: 26 BLD (HCD) (2007) 311. ..Category: Women and Children | Date: 10 May, 2006 | Hits: 6
Category: Business or Commercial Law | Date: 9 May, 2006 | Hits: 6
Government of Bangladesh Vs. Kalimuddin Pramanic and others, 2006, 35 CLC (HCD)
....In the present case the land was recorded in the C.S. record as well as S.A. Khatian as “সর্বসাধারনের ব্যবহার্য”. As the public had rights in the disputed land, the settlement made in favour of the plaintiff was not legally done, and by the ...... 2. The plaintiff filed the suit for declaration of title to the suit land and for permanent injunction therein. 3. The case of the plaintiff is that the suit land appertaining to C.S. khatian No.1 of Mouza Darigachha under P.S. and District-Bogra originally belonged to landlord Bimal..Category: Property Law, Tenancy Law | Date: 28 Mar, 2006 | Hits: 4
Md. Abdul Hannan alias Khalil Vs. Sate and another, 2006, 35 CLC (HCD)
....f the above evidence and facts and circumstances appearing therefrom we find that the allegation of taking away the victim by the appellant to marry her and to have sexual intercourse with her is not disputed. According to the prosecution, the victim, aged 13 years, was kidnapped by the appellant to...... Send down the lower Court's records at once with a copy of the judgment for information and for taking necessary action. Ed. This Case is also Reported in: 13 MLR (HCD) (2008) 291. ..Category: Women and Children | Date: 7 Feb, 2006 | Hits: 78
M. Manzur Ahmed Vs. Mrs. Inge Flatz and others, 2005, 34 CLC (HCD)
....ubstantially asserts the affirmative of issue. It is reasonable and just that the suitor, who relies upon the existence of a fact, should be called upon to prove his own case. 33. It is not disputed that Mrs. Inge Flatz acquired the suit property by virtue of the lease deed No.9110 dated ...... liberty to get the sale deed executed and registered through court in accordance with law. Send down the L.C.R. at once. Ed. This Case is also Reported in: 26 BLD (HCD) (2007) 41. ..Category: Property Law | Date: 15 Dec, 2005 | Hits: 8
Abdul Aziz & Government of Bangladesh Vs. Hindu Deity Luxmi Gobinda Jew & ors, 2006, 35 CLC (AD)
.... for the appellant in Civil Appeal No. 217 of 2000 and perused the judgment of the High Court Division and other connected papers. None appears for the respondents in both the appeals. 9. It is undisputed that the suit land was recorded in the C.S. Khatian Exts. 1 and 1(a) as debuttar property i......lands of mouza Daulatpur and Kirtibashdi were taken in its possession by the Government under section 92 of the State Acquisition and Tenancy Act and were accordingly recorded in the newly prepared khatian No. 1 as khas land and the said land was settled with him and one Shafiuddin Ahmed in Sett..Category: Property Law | Date: 8 Dec, 2005 | Hits: 90
Executive Engineer, Water Development Board & anr. Vs. Md. Moktaruddin, 2006, 35 CLC (AD)
....at extent. 13. In the background of the discussions made hereinabove we find merit in the appeals. Accordingly, the appeals are allowed. There is no order as to costs. Ed. ......vil Appeal No. 20 of 1996 filed the aforesaid suits seeking the common relief i.e. declarations that excavation of the canal in the land measuring 35.99 and 45.98 acres of plot No. 267 listed in khatian Nos. 149 and 1028 respectively and the acquisition of the said land was illegal. It may be m..Category: Property Law | Date: 2 Aug, 2005 | Hits: 84
Shafiuddin Vs. Samir Bhuiyan and others, 2005, 34 CLC (HCD)
.... nomination papers. 20. Several authorities were cited and relied upon by the learned Advocate in support of their respective cases, which we shall shortly consider. 21. Facts which are not disputed are that the Industries obtained a Project loan as well as CC (pledge) and CC (hypothecatio......he Rule is hereby recalled and vacated. Election petition is dismissed. Communicate at once. Ed. This Case is also Reported in: 57 DLR (2005) 553. ..Category: Civil Law, Election Law | Date: 13 Jul, 2005 | Hits: 7
Ashraful Alam (Md.) Vs. State, 2005, 34 CLC (HCD)
....omplainant Musammat Nargis Sultana entered into a marital contract 5 (five) years ago and out of their wedlock they were blessed with a daughter namely, Moue, aged about 2 years. 16. It also not disputed that the complainant Musammat Nargis Sultana filed a complaint case being No.375(C) of 1992......petitioner Md. Ashraful Alain, ho is currently on bail, is discharged from his bail bond. Send down the LCR at once. Ed. This Case is also Reported in: 57 DLR (2005) 718. ..Category: Family Law | Date: 4 Jul, 2005 | Hits: 2
Pushpa Rani Saha Podder Vs. Rash Mohan Saha, 2005, 34 CLC (AD)
....pellant and Mr. Md. Aftab Hossain, the learned Advocate-on-Record for the respondent Nos. 1 & 2 and perused the judgment of the High Court Division and other connected papers. 8. It is not disputed that the suit property belonged to Rajeshwar Saha. The plaintiffs' case is that he transfer......d an error of law requiring interference by us. The appeal is, therefore, allowed without any order as to costs. Ed. This Case is also Reported in: 16 BLT (AD) (2008) 350; 10 MLR (AD) 345. ..Category: Property Law | Date: 4 Jul, 2005 | Hits: 127
Swapon Kumar Gain Vs. Amita Golder, 2005, 34 CLC (HCD)
....ervance of the essential ceremonies. 8. I have considered the submissions of the learned Advocate for both the parties and perused the impugned judgment and all other evidence on record. It is not disputed that the suit was decreed ex parte and the defendant challenged the ex parte decree by fili......ed Advocate for the petitioner further submits that, his client has duly paid the monthly amount of Taka 800 up to the months of March, 2005. Ed. This Case is also Reported in: 58 DLR (2006) 26...Category: Family Law | Date: 25 Jun, 2005 | Hits: 237
Golam Hossain Sikder (Md.) and others Vs. Deputy Commissioner & ors, 2005, 34 CLC (HCD)
.... any order as to cost. Me judgments and decrees of both the Courts below are hereby set aside and decreed the suit accordingly. Ed. This Case is also Reported in: 57 DLR (HCD) (2005) 598. ......been fit for cultivation, the settlement No.988(XIII) 70‑71 in favour of Mofizuddin in LA case was not legal and valid and the same was rightly cancelled and the land was rightly taken back in khas khatian of the government; that the plaintiff have no right, title and possession over the suit land..Category: Property Law | Date: 19 Jun, 2005 | Hits: 3
Kazi Mahbubuddin Ahmed alias Mahbub Vs. State, represented by the DC, Dhaka, 2005, 34 CLC (HCD)
....tural justice. 49. In Muslimuddin and others Vs. State (Supra) Appellate Division dealt with purpose and necessity of cross-examination and laid down: In a criminal trial determination of a disputed fact is the main task before the Court and such determination is dependent upon considerati......set at liberty at once, if not required in connection with any other case. Lower Court Records be sent down at once. Ed. This Case is also Reported in: 57 DLR (2005) 513. ..Category: Criminal Law, Evidence Law | Date: 15 Jun, 2005 | Hits: 7
Sec. Min. of Works and Urban Dev., Govt. of BD & ors Vs. Rowshan Ara Begum & anr, 2005, 34 CLC (AD)
....bandoned property. The Government has no obligation either to deny the facts alleged by the claimant or to disclose the basis of treating the property as abandoned property merely because the same is disputed by the claimants". Similar view has been expressed in the case of Hazerullah and anoth......background of the discussions made hereinabove we find merit in the appeal. 18. Accordingly, the appeal is allowed. There is no order as to costs. Ed. ..Category: Property Law | Date: 15 May, 2005 | Hits: 120
Jamuna Builders Ltd. and another Vs. Rajdhani Unnayan Kartripakkha and another, 2005, 34 CLC (HCD)
.... the Building Construction Rules, 1996. In the result, the Rule is made absolute. There will be no order as to cost. Ed. This Case is also Reported in: 57 DLR (2005) 762. ...... 20 industrial units. The petitioner No.1 company for the purpose of constructing the said unit of modern multi‑storied residential-cum-commercial complex purchased 2500 decimals of land in CS khatian Nos.221, 208, 422, 85, 62,101, 174, 210, 82 ka, 48‑52, 54, 165, 179 and CS plot No.1280‑..Category: Administrative Law, Company Law | Date: 9 May, 2005 | Hits: 9
Government of Bangladesh Vs. Ali Akbar Ansari, 2005, 34 CLC (AD)
....ondent who is the only son of their elder brother. The gift was confirmed by a declaration of gift on 15.01.1971. The respondent along with the members of his family was in peaceful possession of the disputed properties at 426 and 427, Ansari Mansion, Enayet Bazar, Batali Road, Chittagong from long ......stances, we find no substance in the submissions of learned Additional Attorney General. Accordingly, the review petition is dismissed. Ed. This Case is also Reported in: II ADC (2005) 841. ..Category: Property Law | Date: 9 Apr, 2005 | Hits: 93
Ismail Hussain Posshari & anr Vs. District Land Acquisition Officer, Bogra & ors., 2006, 35 CLC (AD)
....tain facts need to be stated. The Deputy Commissioner, Bogra acquired 2.90 acres land of plot No. 3840 and .30 acre land of plot No. 9517 upon initiating LA. Case No. 36 (Shishu Palli) of 1992. The undisputed position is that at the time of acquisition of the aforesaid land appellants names were not......he Acquisition and Requisition of immovable Property Ordinance, 1982 (Ordinance No. 2 of 1982). 3. Facts in short are that land measuring 3.20 acres of Plot Nos. 3840 and 9517 recorded in MRR khatian Nos. 6 and 2077 respectively was acquired in L.A. Case No. 36 (Shishu Palli) of 1992. The ac..Category: Property Law | Date: 28 Mar, 2005 | Hits: 64
Abdul Halim Gazi and others Vs. Afzal Hossain & ors., 2005, 34 CLC (AD)
....ondents (In both the cases) Judgment March 15, 2005. The Constitution of Bangladesh, 1972, Article 102 Whether disputed question of fact as to the question of elected candidate to be a bank defaulter can be dec......made above we find substance in these appeals. In the result both the appeals are allowed without any order as to costs. The impugned judgment and order complained of are set aside. Ed. ..Category: Election Law | Date: 15 Mar, 2005 | Hits: 168
Mohiruddin Mondal alias Md. Mohiruddin Mondal and others Vs. State, 2005, 34 CLC (HCD)
.... and his brother. 19. On the other hand, the defence adduced 3 D.Ws. who stated that the land belonged to the accused persons. Whatever may be the case, it can be found that the schedule land is disputed land and both claim the case land. This matter is to be decided by the civil Court. On peru......ve been marked as Exhibit in support of its case. 16. The informant Golam Hossain claims that he has purchased 46 decimals of land from plot Nos.380 and 346 in Khatian No.112 corresponding to CS khatian No.304 of Mouza Gopinathpur under Sahajadpur police station. 17. P.W.1 Golam Hossain de..Category: Criminal Law | Date: 14 Mar, 2005 | Hits: 4