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Moni Begum and others Vs. Rajdhani Unnayan Kartripakha and others, 1994, 23 CLC (AD)
....ed 30.12.63 passed by the Special Land Acquisition Officer, Dhaka and a notice dated 4.7.87 issued by respondent No. 1 Rajdhani Unnayan Kartripakha asking the appellants to vacate the requisitioned land. A Rule Nisi was issued thereupon on 15.7.87. Neither respondent No. 1 nor the Government-resp...... matter of judicial discretion for that court. Ed. This case is also reported in: 46 DLR (AD) (1994) 154 ......ing justice in a case and whether the court will exercise such power is a matter of judicial discretion for that court. Ed. This case is also reported in: 46 DLR (AD) (1994) 154 ..Category: Procedural Law | Date: | Hits: 102
Sudhangshu Kumar Chowdhury and another Vs. Ali Hossain (Md) & ors., 1994, 23 CLC (AD)
....te of Taka 17.50 paisa per month for the two huts during the period of their stay. Defendant 1 Sudhangshu Kumar Chowdhury and defendant 2 Ramendra Narayan Chowdhury continued to reside on the suit land on various pleas. In the meanwhile, in 1966 the suit premises was about to be taken over by Me...... The appeal is therefore dismissed with costs. Ed. This case is also reported in: 46 DLR (AD) (1994) 151 ......d so the learned Single Judge was justified in decreeing die suit. The appeal is therefore dismissed with costs. Ed. This case is also reported in: 46 DLR (AD) (1994) 151 ..Category: Civil Law | Date: | Hits: 134
Chairman, Civil Aviation Authority of Bangladesh Vs. Kazi Abdur Rouf and others, 1994, 23 CLC (AD)
....rivate non‑Government school imparting educational facilities at a low cost to the children of different Government servants and of the general public living in the vicinity of the old Airport. The land on which the school. has been established belongs to the Ministry of Defence and the Department...... reasons the appeal is allowed without any order as to costs. Ed. This Case is also Reported in: 46 DLR (AD) (1994) 145. ......e public? The writ petition itself was misconceived. For all the above reasons the appeal is allowed without any order as to costs. Ed. This Case is also Reported in: 46 DLR (AD) (1994) 145. ..Category: Property Law | Date: | Hits: 86
Rekha Datta and others Vs. Chittagong Urban Co-operative Bank Ltd., 1994, 23 CLC (AD)
....ed postcard to the natural guardian of the minors. It was received by one Manoranjan Das on behalf of Roy Bahadur." In cross‑examination he admitted that the price of land would be about Taka 30,000.00 or so. He stated: “I did not enquire what......94) 133 ...... and the balance amount to be paid within 6 months from the date. There will be no order as to costs. Ed. This case is also reported in: 46 DLR (AD) (1994) 133 ..Category: Property Law | Date: | Hits: 130
Bangladesh Agricultural Development Corporation Vs. Kibria and Associates Ltd., 1994, 23 CLC (AD)
....lam Kibria ............... Respondent (In both the appeals) Judgment February 28th, 1994. Cases Referred to- Chandris Vs. Isbrandtsen Moller Co.1950 in 1950 (2) All England Reports 618; Eddowes Vs. Hopkins (1780) 99 All England Reports, 242; Arnott Vs. Redfern, (1826......rt under section 29 of the Act. Ed. This case is also reported in: 46 DLR (AD) (1994) 97 ......ree as the power to grant interest after passing of the decree vests exclusively in the court under section 29 of the Act. Ed. This case is also reported in: 46 DLR (AD) (1994) 97 ..Category: Business or Commercial Law | Date: | Hits: 98
Bangladesh Vs. Commercial Trust of Bangladesh Ltd. and others, 1994, 23 CLC (AD)
....4, 1994. Result: The appeal is dismissed. The Emergency Requisition of Property Act, 1948 (XIII of 1948), section 8B Natural Justice After compensation is paid for requisition of the land and that was admittedly duly received by the owner no order can be made for de-requisition of s......der appealed against. The appeal is dismissed with costs. Ed. This Case is also Reported in: 46 DLR (AD) (1994) 89. ......ose given by the learned Judges of the High Court Division, we uphold the order appealed against. The appeal is dismissed with costs. Ed. This Case is also Reported in: 46 DLR (AD) (1994) 89. ..Category: Property Law | Date: | Hits: 69
Sher Ali (Md) and other Vs. State, 1994, 23 CLC (AD)
.... revision before the Sessions Judge; in that case, which arose from a proceeding under section 145 of the Code before a Magistrate, the crucial question was, what was "actual possession of the land in dispute". The first party to the said proceeding contended that some time before the ......esent case. Ed. This case is also reported in: 46 DLR (AD) (1994) 67 ......llate Division must be obeyed without any criticism and comments as has been done in the present case. Ed. This case is also reported in: 46 DLR (AD) (1994) 67 ..Category: Criminal Law | Date: | Hits: 98
Bangladesh Vs. Subash Chandra Das & ors, 1993, 22 CLC (AD)
....it Petition before the High Court Division respondent Nos. 1‑3, washermen by profession, challenged the acquisition asserting, inter alia, that as owners in possession they have been using the case land from time immemorial, as the vacant northern portion of their ancestral homestead, for washing ...... This Case is also Reported in: 46 DLR (AD) (1994) 63. ......f abatement will follow only when the Government fails to "pay" or "deposit" compensation in terms of section 10. Ed. This Case is also Reported in: 46 DLR (AD) (1994) 63. ..Category: Property Law | Date: | Hits: 64
Ramani Marak and another Vs. Jamini Marak and others, 1994, 23 CLC (AD)
....1977 and the same is still pending. In the said appeal Respondents 1 and 2 filed an application for temporary injunction restraining the appellant from interfering with their possession in the suit land. Prayer for injunction was opposed, saying that the respondents could not legally make a praye...... This case is also reported in: 46 DLR (AD) (1994) 51 ......no interference. This appeal is, therefore, dismissed with costs. Ed. This case is also reported in: 46 DLR (AD) (1994) 51 ..Category: Property Law | Date: | Hits: 61
Amjad Molla Vs. Syeduzzaman Molla and others, 1994, 23 CLC (AD)
.... the Penal Code for forging a sale-deed by ante-dating it with intent to defraud the complainant-appellant. Facts are, that accused Amatun Nessa (acquitted since then) inherited 28 3/4 decimals of land which she sold to the appellant and his cousin by a registered sale-deed dated July 18, 1975 o...... to serve their sentence. Ed. This case is also reported in: 46 DLR (AD) (1994) 17 ......re on bail are directed to surrender to their bail bonds to serve their sentence. Ed. This case is also reported in: 46 DLR (AD) (1994) 17 ..Category: Criminal Law | Date: | Hits: 61
Momtazuddin and another Vs. Yakub Ali, 1993, 22 CLC (AD)
....ly suppressed in the suit and that the appellants came to know about the said decree and the execution case, Title Execution case No. 33 of 1987, for the first time on 15.5.92 when Police went to the land for giving delivery of possession, they, inter alia, filed Title Appeal No. 218 of 1992 against......the respondent is free to take all legitimate objections. Ed. This Case is also Reported in: 46 DLR (AD) (1994) 13. ......f limitation will remain open for decision at the hearing of the appeal and the respondent is free to take all legitimate objections. Ed. This Case is also Reported in: 46 DLR (AD) (1994) 13. ..Category: Procedural Law | Date: | Hits: 121
Sharif Nurul Ambia Vs. Dhaka City Corporation represented by its Mayor and others, 2006, 35 CLC (AD)
....ublic Car Parking Centre which was communicated to the respondent No. 1 by letter dated August 30th 1986 and in compliance to the said resolution the respondent No. 4 formally transferred the said land and handed over the possession thereof to the respondent No. 1 on 7th September, 1986; however......sh the structure, if any, already constructed. Ed. ......this order. The respondent Nos. 1 and 5 are directed to stop construction of the multi-storied building and to demolish the structure, if any, already constructed. Ed. ..Category: Environmental Law | Date: | Hits: 293
Sheikh Farid (Md) & others Vs. Abdul Wadud Sikder and others, 2006, 35 CLC (AD)
....pondents Judgment March 16, 2006. Adverse Possession No positive evidence has been led by the plaintiff to establish from what point of time he started to possess the land in suit asserting his title upon denying the title of the real owner to her knowledge as well ......dge. Accordingly, the appeal is dismissed with costs. Ed. ......is lack of evidence to show that he possessed the land denying title of Karuna Moyee Dasi or her sons to their knowledge. Accordingly, the appeal is dismissed with costs. Ed. ..Category: Property Law | Date: | Hits: 59
Selim (Md) and others Vs. Syedul Haque Chowdhury and others, 2006, 35 CLC (AD)
....y filing written objection and denied the case of the preemptor respondents and raised several issues including that of limitation. It is further claimed by the preemptee petitioners that the case land was purchased with the full knowledge of the preemptor respondents. The latter also refused to......r our interference. The leave petition is dismissed. Ed. ......nt case. 8. We do not find any illegality or infirmity in the judgment of the High Court Division calling for our interference. The leave petition is dismissed. Ed. ..Category: Property Law | Date: | Hits: 68
Serajul Islam & others Vs. Md. Abdur Razzaque Chowdhury and another, 2006, 35 CLC (AD)
....shiganj in Title, Appeal No. 36 of 1991 reversing those of the learned Assistant, Judge, Munshiganj dated 17-6-91 who dismissed Title Suit No. 36 of 1991 for declaration of title of 12 decimals of land out of 28 decimals of the suit plot. 2. Facts, leading to the filing of this petition ......er, this petition merits no consideration Accordingly, it is dismissed. Ed. ......tly affirmed the decision of the lower appellate Court as the final court of fact. In such view of the matter, this petition merits no consideration Accordingly, it is dismissed. Ed. ..Category: Property Law | Date: | Hits: 43
Harendra Nath Mahali Vs. Ramesh Chandra Haider and others, 2006, 35 CLC (AD)
....lip;…… Appellant Vs. Ramesh Chandra Haider and others...............Respondents Judgment March 16, 2006. Reconveyance If the disputed land goes back to the original owner in pursuance of an agreement for reconveyance, the right of pr......e appeal. Accordingly, the appeal is dismissed with cost of. Ed. ...... reconveyance at all stages. 18. In the background of the discussions made hereinabove we find no merit in the appeal. Accordingly, the appeal is dismissed with cost of. Ed. ..Category: Property Law | Date: | Hits: 67
Afia Begum and others Vs. Abdul Baset Mia & others, 2006, 35 CLC (AD)
.... Case (preemption) No. 3 of 1992 allowing the same. 2. The Miscellaneous case was filed under section 96 of the State Acquisition and Tenancy Act, 1950 seeking preemption of 57 decimals of land as co-sharer of the holding by purchase and contiguous land owner of the land sought to be pr......eal is dismissed. There is no order as to costs. Ed. ....... In the background of the discussions made hereinabove we find no merit in the appeal. Accordingly, the appeal is dismissed. There is no order as to costs. Ed. ..Category: Property Law | Date: | Hits: 70
Nur Amin and others Vs. Abdul Quddus and others, 2006, 35 CLC (AD)
....ing the same. The suit was filed seeking declaration that the judgment and decree dated 18-2-1980 passed in Title Suit No. 43 of 1978 is null and void and the same is inoperative in respect of the land described in the schedule attached to the plaint. 2. The suit was filed stating, inte...... Accordingly, the appeal is allowed with cost of Taka 5,000. Ed. ......lower appellate Court. 13. In the background of the discussions made hereinbefore we find merit in the appeal. Accordingly, the appeal is allowed with cost of Taka 5,000. Ed. ..Category: Property Law | Date: | Hits: 51
Abdur Rahim (Md) Vs. Bengal Bricks Industries Ltd. & anr, 2006, 35 CLC (AD)
....ngly, the same was sold in auction to the plaintiff respondent, Messrs Bengal Bricks Limited on 12th May, 1978. The plaintiff-respondent entered into possession of the entire property except the suit land, In the meantime Burmah Eastern was renamed as Padma Oil Company Limited, which for failure to ...... Court Division calling for our interference. In view of the above, the leave petitions are dismissed. Ed.......itioner. 14. We do not find any illegality or infirmity in the Judgment of the High Court Division calling for our interference. In view of the above, the leave petitions are dismissed. Ed...Category: Tenancy Law | Date: | Hits: 72
Abdur Rashid Sarker (Md) and others Vs. Dines Chandra Das and others, 2006, 35 CLC (AD)
....e. 2. Short facts are that the respondent No.1 filed Miscellaneous Case No. 394 of 1978 in the 2nd Court of Munsif (now Assistant Judge), Gaibandha praying for pre-emption of the case land under section 96 of the State Acquisition and Tenancy Act. On transfer to the Court of the Sen......sp; Ed. ......im earlier. The appeal is, accordingly, dismissed without any order as to costs. Ed. ..Category: Property Law | Date: | Hits: 64
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