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Dewan Shamsul Abedin, Mutwalli of Dewan Aftebur Reza Chy Waqf Estate Vs. BD, 2007, 36 CLC (AD)
.... arising out of F.A.T. No.408 of 2005 making the Rule absolute. 2. The short fact relevant for disposal of the rule is that the Suit property is Rowafata Rowa beel, measuring 89.99 acres of land under Sadar Thana of Sunamganj District, originally belonged to Dewan Aftabur Raza Chowdhury W......s also Reported in: 61 DLR (AD) (2009) 118; 13 MLR (AD) 2008, 163. ......ns of the learned advocate for the petitioner. Accordingly, the petition is dismissed. Ed. This case is also Reported in: 61 DLR (AD) (2009) 118; 13 MLR (AD) 2008, 163. ..Category: Property Law | Date: | Hits: 50
Khizir Haider and others Vs. State, 2007, 36 CLC (AD)
....Court of Divisional Special Judge, Chittagong, stating, inter alia, that on 27.01.1990 Mr. Shafiqul Islam, Inspector, Bureau of Anti-Corruption, lodged an FIR stating that an area of 1.66 acres of land with buildings at Sardar Bahadur Nagar, Mouza Pahartali, Chittagong was declared as an abandon......ference. The petitions are dismissed. Ed. This case is also Reported in: 13 MLR (AD) 2008, 145. ......irmity in the decision of the High Court Division so as to call for any interference. The petitions are dismissed. Ed. This case is also Reported in: 13 MLR (AD) 2008, 145. ..Category: Criminal Law | Date: | Hits: 43
Master Jainul Abedin Vs. Haji Salamullah Khan & others, 2007, 36 CLC (AD)
....ior Assistant Judge, Chakaria Cox's Bazar in respect of the kabala dated 20.02.1973 executed by Tamijur Rahman,the predecessor of the pre-emptee Nos.6-15 in respect of an area of 1.6 acre from the land appertaining to mouza Pekua Police Station Chakaria, M.R.R. Khatian No.869, Plot No.386 conten......; This case is also Reported in: 13 MLR (AD) 2008, 140. ......s right in making the Rule absolute. Accordingly, the leave petition is dismissed. Ed. This case is also Reported in: 13 MLR (AD) 2008, 140. ..Category: Property Law | Date: | Hits: 29
Abdul Hai and other Vs. Chan Banu Bibi, 2007, 36 CLC (AD)
....her Class Suit No.182 of 2000 praying for permanent injunction on the averments that Salimuddin Mondal, the predecessor of the plaintiffs, by Deed of Sale No.8349 dated 27.3.1975 purchased the suit land from the original owner Samiruddin Mondal and then he constructed a house and planted trees th......sed. Ed. This case is also Reported in: 13 MLR (AD) 2008, 129. ......mity in the decision of the High Court Division so as to call for any interference. 8. The petition is dismissed. Ed. This case is also Reported in: 13 MLR (AD) 2008, 129. ..Category: Property Law | Date: | Hits: 60
Md. Wali Miah and others Vs. Musammat Halima Begum and others, 2004, 33 CLC (AD)
....ed 11.02.2002 (passed by a Single Bench of the High Court Division in Civil Revision No.4088 of 1991 discharging the Rule. 2. Short facts are that the plaintiffs proposed to mortgage 10 gondas of land of Plot No. 53 of C.S. Khatian No. 75 of Mouza Korabari within P.S.Kosba, District-Brahmanbaria......he same. Accordingly, the petition is dismissed. Ed. This case is also Reported in: 13 MLR (AD) 2008, 116. ......as not been able to prove his case and as such we find no reason to interfere with the same. Accordingly, the petition is dismissed. Ed. This case is also Reported in: 13 MLR (AD) 2008, 116. ..Category: Tenancy Law | Date: | Hits: 174
Md. Miksar Ali Dewan and others Vs. Dares Ali Mondal and others, 2007, 36 CLC (AD)
....e property described in the schedule attached to the plaint was owned by Babu Kumar Ghose and another and the same was the property of Ghosh Babu Estate, that plaintiffs father took settlement of the land in suit from the said land owners by an Amalnama of the year 1349 B.S, in the name of the plain...... petition. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: 13 MLR (AD) 2008, 105. ...... In the background of the discussion made hereinabove we find no merit in the petition. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: 13 MLR (AD) 2008, 105. ..Category: Property Law | Date: | Hits: 29
Md. Atiqullah Vs. Government of the People's Republic of Bangladesh, 2004, 33 CLC (AD)
....e Acquisition and Requisition of Immovable Property Ordinance, 1982 (Ordinance No. II of 1982) hereinafter referred to as the Ordinance in Land Acquisition Case No. 12 of 1987-88 acquired the case land of the petitioner on 18.03.1989.On 28.03.1989 notifications were issued accordingly and compen...... Ed. This Cases is also Reported in: 12MLR (AD) 2007, 41. ......cle 104 of the Constitution, the Respondent No.1 is directed to pay within 60 days Tk.6, 38,797.63 to the appellant. Ed. This Cases is also Reported in: 12MLR (AD) 2007, 41. ..Category: Property Law | Date: | Hits: 27
Khorshed Alam (Md) Vs. Hazi Mohiuddin and others, 2007, 36 CLC (AD)
....tioner as plaintiff instituted Title Suit No. 306 of 1989 and subsequently was renumbered as Title Suit No. 62 of 1996 in the 4th Court of Assistant Judge, Dhaka for partition of 0.65 acres of land out of 1.35 acres of Plot No. 125 of CS Khatian No.53 of Mouza Gajmahal, PS Mohammadpur, Dist...... Ed. This Case is also Reported in: 13 BLC (AD) (2008) 72. ....... 28 gifted 0.09 acre of the suit plot to his wife, which he had purchased on 15-64987. The plaintiff thus being the rightful owner of 0.02 acre of the suit plot has possessed the same in ejmali making constructions thereon. The petitioner also stated that the defendant No. 3 in c..Category: Procedural Law | Date: | Hits: 86
Gopal Das Soni and another Vs. Government of Bangladesh and others, 2002, 31 CLC (AD)
.... of 1979 decreeing the same. The suit was for declaration of title as well as for a decree of permanent injunction restraining the defendants from disturbing the possession of the plaintiffs in the land in suit. 2. The plaintiffs filed the suit stating, inter alia, that the land in suit b......e petition is dismissed. Ed. This Case is also Reported in: 13 BLC (AD) (2008) 69. ......quite in accordance with law and suffers from no infirmity and illegality. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: 13 BLC (AD) (2008) 69. ..Category: Property Law | Date: | Hits: 27
Dawad Ali Sardar (Md) Vs. Kazi Mujibar Rahman and others, 2008, 37 CLC (AD)
....se No. 70/88 Kali, TR 06/1989 on 27-2-1988 before the Upazila Magistrate, Kaliganj stating, inter alia, on 26-2-1988 at 10-00 AM he was plucking tamarind from the tamarind tree standing on his own land. PW 2, Sufia Khatun was collecting those from the ground. At that time PW 1 Saker Ali (an...... Penal Code because that would be a futile exercise. Accordingly, the review petition is dismissed. Ed. ......ate had no jurisdiction to frame charge under section 307 of the Penal Code because that would be a futile exercise. Accordingly, the review petition is dismissed. Ed. ..Category: Criminal Law | Date: | Hits: 34
State Vs. Sailendra Chandra Borman, 2008, 37 CLC (AD)
....Gopal Ghosh and Ranjit Kumar Ghosh created a kabala deed No. 4115 dated 30-6-1992 and another kabala deed No. 4129 dated 30-6-1992 by false personification and interpolation by inserting 3.97 acres land in place of 0.97 acres of land and thereby they committed offences under the aforesaid provisio......nal case for criminal offence. The appeal is accordingly, allowed. Ed. This Case is also Reported in: 13 BLC (AD) (2008) 65; 16 BLT (AD) 265. ...... civil suit cannot bar the proceedings of criminal case for criminal offence. The appeal is accordingly, allowed. Ed. This Case is also Reported in: 13 BLC (AD) (2008) 65; 16 BLT (AD) 265. ..Category: Criminal Law | Date: | Hits: 63
Saimuddin (Md) Vs. Amjad Ali and others, 2007, 36 CLC (AD)
.... declaration of title and recovery of khas possession in the suit property stating, inter alia, that the suit properties were granted permanent lease in 1327 BS at annual rent of Taka 66/4/0 by ex-landlords Sree Provash Chandra Basak and others in favour of Nayebuddin Sarker and others and that......AD) (2008) 40. ......w as to payment of Court fees, if any, by the plaintiff. With the above observation, this petition is disposed of. Ed This case is also reported in: 13 BLC (AD) (2008) 40. ..Category: Property Law | Date: | Hits: 22
Amal Kumar Moitra Vs. Md. Mashiur Rahman, 1978, 7 CLC (AD)
....115 of the Code of Civil Procedure. 3. Respondent No. 1 instituted a suit being title suit No. 673 of 1969in the Court of 1st Munsif, Kushtia for declaration of title in respect of the entire suit land and for declaration that 1/3rd share recorded in the S. A. khatian in the name of the principal......ourt is set aside and that of the trial Court restored. Ed. This Case is also Reported in: 30 DLR (SC) (1978) 244. ......ly. In the result, the appeal is allowed with costs, the order of the High Court is set aside and that of the trial Court restored. Ed. This Case is also Reported in: 30 DLR (SC) (1978) 244. ..Category: Tenancy Law | Date: | Hits: 142
Leakat Ali Sowdagar Vs. Abdus Salam Sowdagar and another, 1978, 7 CLC (AD)
.... a certain premises on the allegation that the petitioner was a monthly tenant under the Respondents in respect o the said premises. The petitioner contested the two suits denying the relationship of land lord and tenant between them and contending, inter alia, that he had acquired non-agricultural ......el. Both the petitions are dismissed. Ed. This Case is also Reported in: 30 DLR (SC) (1978) 241. ......a question of fact. 7. We do not find substance in any of the contentions of the learned Counsel. Both the petitions are dismissed. Ed. This Case is also Reported in: 30 DLR (SC) (1978) 241. ..Category: Tenancy Law | Date: | Hits: 163
Azizul Hoque Vs. State and others, 2007, 36 CLC (AD)
..... 2, as informant, lodged FIR before Nazirpur Police Station stating that on 9-5-1998 at 6-00 AM the accused petitioner and others forming unlawful assembly with deadly weapons entered the schedule land and cut and took away ripe paddy valued at Taka 1,25,000 and on getting the information when ......on of the High Court Division so as to call for any interference. The petition is dismissed. Ed. ......ned Counsel could not point at any illegality or infirmity in the decision of the High Court Division so as to call for any interference. The petition is dismissed. Ed. ..Category: Criminal Law | Date: | Hits: 39
A. B. M. Shamsuddin Vs. Mahmuda Selina and others, 2006, 35 CLC (AD)
.... suit against defendant No. 1, Anowara Begum for specific performance of contract stating, inter alia, that the said defendant No. 1 entered into a contract with the plaintiff for sale of the suit land at a consideration of Tk. 28,00,000/-; that on receipt of Tk.5,00,000/- on 03-02-1995 ex......tion. Accordingly, it is dismissed. Ed. ......ngs and decisions as arrived at by the High Court Division. In the aforesaid premises, we find no merit in this petition. Accordingly, it is dismissed. Ed. ..Category: Property Law | Date: | Hits: 41
Chittagong Dock Sramik Parichalana Board and others Vs. Shamsul Haque and others, 2007, 36 CLC (AD)
....I of 1982), Section 7(3) Since the requiring body paid the full amount of compensation and the concerned authority repeatedly rejected the prayer of respondent No. 1 to release .28 acres of land from acquisition, the High Court Division was not justified in directing the acquiring body to......to costs. Ed. This Case is also Reported in: 60 DLR (AD) (2008) 68. ...... sustainable and accordingly, the same is liable to be set aside. The appeal is allowed without any order as to costs. Ed. This Case is also Reported in: 60 DLR (AD) (2008) 68. ..Category: Labour and Industrial Law | Date: | Hits: 83
Anti-Corruption Commission Vs. Barrister Nazmul Huda and others, 2008, 37 CLC (AD)
....id, "amidst the clash of arms the laws are not silent. They may be changed but they speak the same language in war and peace." Habeas Corpus Suspension Act and the Emergency (Defence) Act, 1939 in England are the other examples. In India in 1975 though 9 High Courts held that writ petitions in the n......Board, may consider the matter of granting bail in an appropriate case in an appeal. Ed. This Case is also Reported in: 16 BLT (AD) (2008) 256. ......fe to be certified by duly constituted Medical Board, may consider the matter of granting bail in an appropriate case in an appeal. Ed. This Case is also Reported in: 16 BLT (AD) (2008) 256. ..Category: Anti-Corruption Laws | Date: | Hits: 219
Abdul Mannan Bhuiyan and another Vs. State, 2007, 36 CLC (AD)
....rtal per se is not illegal but where any call for hartal is accompanied by threat it would amount to intimidation and the caller for hartal or strike would be liable under the ordinary law of the land. It is therefore my view and we agree with the ratio in the flag burning case that where an a...... There shall be no order as to costs. Ed. This Case is also Reported in: 60 DLR (AD)(2008) 49; V ADC (2008) 150. ......gment and order of the High Court Division is set aside. There shall be no order as to costs. Ed. This Case is also Reported in: 60 DLR (AD)(2008) 49; V ADC (2008) 150. ..Category: Criminal Law | Date: | Hits: 79
Md. Abu Alam Vs. Zarina Begum and others, 2006, 35 CLC (AD)
....hittagong in Other Suit no. 79 of 1979 dismissing the same. The suit filed seeking a decree for permanent injunction against the defendant nos. 1-4. 2. The case of the plaintiff is that the land in suit was owned by Abdul Hamid predecessor of the defendant Nos. 1-9. He sold the same ...... the appeal. Accordingly the appeal is allowed without any order as to costs. Ed. ......pellate Court. In the background of the discussions made hereinbefore we find merit in the appeal. Accordingly the appeal is allowed without any order as to costs. Ed. ..Category: Property Law | Date: | Hits: 42
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