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Salima Akter Niluma Banu Vs. Shahin Shakhider and others, 2007, 36 CLC (HCD)

.... Estate (briefly as Estate). 3. The plaintiffs case, in short are that the plot No.28/B was allotted to him, accordingly onlO-05-1989 leased deed was registered in favour of him. Some portion of land at the southern part of his plot was fallen vacant, for beautification of the area but the defe......vil Jurisdiction) Present: Syed Md. Ziaul Karim J Salima Akter Niluma Banu………………………….Petitioner Vs. Shahin Shakhider and others…………………….Opposite Par......6(six) months from the date of receipt of this judgment and order. Send down the records of this case at once. Ed. This Case is also Reported in: 29 BLD (HCD) (2009) 140.   ..

Category: Civil Law | Date: 12 Sep, 2007 | Hits: 3

Isahaque Ali (Md.) and others Vs. State, 2007, 36 CLC (HCD)

....tion on 10-8-1993 to the effect that on 9-8-1993 at about 7-00/7-30 PM he along with his sister's husband Saidur Rahman and his elder brother Aftab Uddin were gossiping in respect of cultivation of land sitting in the courtyard after taking their night meal; that at about 9-00 PM Saidur Rahman c......from their respective bail bond. Send down the LCR at once. Ed. This Case is also Reported in: 13 BLC (HCD) (2008) 354. ......e, who are already on bail by this Division, are discharged from their respective bail bond. Send down the LCR at once. Ed. This Case is also Reported in: 13 BLC (HCD) (2008) 354. ..

Category: Criminal Law | Date: 16 Aug, 2007 | Hits: 9

State Vs. Tipu Gazi and others, 2007, 36 CLC (HCD)

....own enemies murdered the deceased or that he falsely implicated the accused in the instant murder case. He further stated that accused Sikander and Yusuf were father and son. He mortgaged 10 katas of land for Tk. 10,000/00 to accused Sikandar. On the 1st of Baisakh 1408 B. S. he received a sum of Tk...... Send down lower tribunal records along with a copy of this, judgment expeditiously. Ed. This Case is also Reported in: 27 BLD (HCD) (2007) 516. ...... once, if not wanted in any other connection. Send down lower tribunal records along with a copy of this, judgment expeditiously. Ed. This Case is also Reported in: 27 BLD (HCD) (2007) 516. ..

Category: Criminal Law | Date: 15 Aug, 2007 | Hits: 26

Mosammat Momina Begum Vs. Additional District Judge and Bankruptcy Court, Dhaka and others, 2007, 36 CLC (HCD)

....ur Rahman, further submits that the 3 Respondent bank being a secured creditor acted mala fide in filing suit under Bankruptcy Act, 1997 without disclosing of the actual market price of the mortgaged land, which is clear violation of section 12(2) of the Act and hence the proceeding is without lawfu......time of issuance of the rule stands vacated. Communicate the order at once. Ed. This Case is also Reported in: 14 MLR (HCD) (2009) 29. ......ny order as to costs. The order of stay granted at the time of issuance of the rule stands vacated. Communicate the order at once. Ed. This Case is also Reported in: 14 MLR (HCD) (2009) 29. ..

Category: Banking Law | Date: 9 Aug, 2007 | Hits: 565

Chairman, Rajdhani Unnayan Kartripakkha (RAJUK) Vs. A Rouf Chowdhury and others, 2007, 36 CLC (AD)

....ct, 1952, briefly, the Act. On getting the sanction, the writ-petitioners started construction as per sanctioned plan. As the construction involved huge money, the writ petitioners mortgaged the said land to a bank and took loan. Out of 22 floors 16 floors with the foundation for the sanctioned 22-s......art without any order as to costs. Ed. This Case is also Reported in: 61 DLR (AD) (2009) 28. ......d, as such, the same above the 6th floor is set aside. In the result, the appeals are allowed in part without any order as to costs. Ed. This Case is also Reported in: 61 DLR (AD) (2009) 28. ..

Category: Property Law | Date: 2 Aug, 2007 | Hits: 114

Birendra Kishore Ghose @ Gopal Krishna Ghosh Vs. Government of Bangladesh and others, 2007, 36 CLC (HCD)

....­pendently, separated from his father. The short facts relevant for disposal of this appeal is that the suit property originally belonged to Rabindra Lal Ghosh the father of the plaintiff and the land contained mostly is a grazing land and in some portion of the suit land they are possessing by......once. Ed. This Case is also Reported in: 28 BLD (HCD) (2008) 498. ......the appeal. Consequently the appeal is dismissed without any order to cost. Send down the lower court records at once. Ed. This Case is also Reported in: 28 BLD (HCD) (2008) 498. ..

Category: Property Law | Date: 7 Jun, 2007 | Hits: 6

Shaikh Md. Mahmud Hossain and others Vs. Md. Abdur Razzaque and others, 2007, 36 CLC (HCD)

....ffs instituted Title Suit No.79 of 1986 on 19.06.1986 in the Court of the Assistant Judge, Shyam Nagar Upazilla, District, Satkhira for declaration of Title and confirmation of possession in the suit lands and for permanent injunction restraining the Opposite parties Defendants from raising any cons......ce. Ed. This Case is also Reported in: 13 MLR (HCD) (2008) 177. ......t Satkhira is hereby upheld and maintained. Let a copy of this judgment along with the lower Court's records be sent down at once. Ed. This Case is also Reported in: 13 MLR (HCD) (2008) 177. ..

Category: Property Law | Date: 6 Jun, 2007 | Hits: 27

Roni Ahmed Liton @ Liton Ahmed Roni Vs. State, 2007, 36 CLC (HCD)

....ar Kandi and she was tortured by co-accused. It is further stated that a salish was held to compromise the matter and it was settled that the accused will pay 60,000 as dowry and also give 5 Kedar of land, but the terms of compromise was not complied with fully. Hence this case. 4. SI Niranjit ......the judgment expeditiously. Ed. This Case is also Reported in:  61 DLR (HCD) (2009) 147,29 BLD (HCD) (2009) 386.  ...... in any other case. Send down the LCR along with copy of the judgment expeditiously. Ed. This Case is also Reported in:  61 DLR (HCD) (2009) 147,29 BLD (HCD) (2009) 386.  ..

Category: Women and Children | Date: 3 Jun, 2007 | Hits: 14

Al-Haj Abdul Maleque Gazi Vs. Government of Bangladesh, 2007, 36 CLC (HCD)

....ld not be declared to have been made malafide, without any lawful authority and is of no legal effect. 2. The petitioner challenged the legality and validity of acquisition of his home­stead land (in part) in L.A. Case No.1 of 95-9o (Annexure-‘A’) 3. The short facts of the ......e is therefore, discharged without any order as to costs. Ed. This Case is also Reported in: 13 MLR (HCD) (2008) 184. ......e case, we do not find any substance in the instant Rule. The Rule is therefore, discharged without any order as to costs. Ed. This Case is also Reported in: 13 MLR (HCD) (2008) 184. ..

Category: Evidence Law | Date: 3 Jun, 2007 | Hits: 10

Shamsur Rahman Khalifa Vs. Jagodish Chandra and Others, 2007, 36 CLC (HCD)

.... those dated 17-1-1999 passed by the learned Assist ant Judge, Chitalmari, Bagerhat in Title Suit No.217 of 1985 dismissing the suit. 2. Facts relevant for disposal of the Rule are that the suit land belonged to defendant Nos. 6 and 7 who sold the suit land by a Kabala dated 16-11-1959 in favou......d in: 13 BLC (HCD) (2008) 873. ...... at once. The defendants are restrained permanently from interfering with the peaceful possession of the plaintiff in the suit. Ed. This Case is also Reported in: 13 BLC (HCD) (2008) 873. ..

Category: Property Law | Date: 27 May, 2007 | Hits: 9

Tabibullah and others Vs. Bangladesh and others, 2007, 36 CLC (HCD)

....In Waliullah Munshi Vs. Lodu Mia Patwary, 38 DLR (AD) 308 it has been stated: "It may be necessary to point out that the lessee may have more reasons or urgency to protect his interest in the suit land than the lesson. The interest of lesser and lessee may not always be the same so as to hold tha......Vs. Lodu Mia Patwary, 38 DLR (AD) 308; Bashir Ahmed Vs. Ghulam Ali, 1991 SCMR 1656; Babor Ali Pramanik Vs. Mesar Ali Pramanik, 1994 BLD (AD) 235 = 45 DLR (AD) 120. Lawyers Involved: Md. Nurul Amin with AKM Shahidul Huq and Md. Aminul Ehsan, Advocates — For the Petitioners. Md. Abdullah, A......pposite parties is allowed. Petitioners are added as eighth-fifteenth opposite parties in Civil Revision case. No cost. Ed. This Case is also Reported in:   61 DLR (HCD) (2009) 46. ..

Category: Procedural Law | Date: 4 Apr, 2007 | Hits: 32

Arab Bangladesh Bank Limited, Motijheel Branch, Dhaka Vs. The Artha Rin Adalat and others, 2007, 36 CLC (HCD)

.... the facts and circumstances chronologically. 2. In Writ Petition No.3016 of 2004, Rule has been obtained by Arab Bangladesh Bank, a financial institution incorporated un­der the laws of the land, calling upon the re­spondent No.1 i.e. the Judge, Artha Rin Adalat No.3, Dhaka "to sh......made absolute. There will be no order as to costs. Ed. This Case is also Reported in: 29 BLD (HCD) (2009) 284.   ......discharged and the Rule in Writ Petition No.5961 of 2004 is made absolute. There will be no order as to costs. Ed. This Case is also Reported in: 29 BLD (HCD) (2009) 284.   ..

Category: Banking Law | Date: 12 Mar, 2007 | Hits: 6

Most. Azmiri Begum and others Vs. Government of Bangladesh and others, 2007, 36 CLC (HCD)

....2002 contending, inter alia, that the husband of the petitioner No.1 and father of writ petitioner Nos.2-9, late Amir Hossain and his brother Sheikh Seraj Mia jointly purchased total 0.35 acres of land by registered sale deed No.2881 dated 22.06.45 appertaining to C.S. Plot Nos.96, 97.and 98 of M......rvey Tejgaon, Dhaka for information and necessary action. Ed. This Case is also Reported in: 17 MLR (HCD) (2012) 400. ......y of Land and Respondent No.2 Director General, Land Record and survey Tejgaon, Dhaka for information and necessary action. Ed. This Case is also Reported in: 17 MLR (HCD) (2012) 400. ..

Category: Property Law | Date: 7 Mar, 2007 | Hits: 10

Safazuddin and another Vs. State, 2007, 36 CLC (HCD)

....ence of accused's connection with the crime. 9. The proposition of law enunciated by Superior Courts on the subject may profitably be adverted to. 10. Lord Reading, Lord Chief Justice of England in the King Vs. Baskerville (1916) 2 KB 653 observed: The rule, which according to the ca...... Lower Court Records be sent down at once. Ed. This Case is also Reported in: 27 BLD (HCD) (2007) 321, 13 BLC (HCD) (2008) 271. ......ond furnished by him stands discharged/cancelled. Lower Court Records be sent down at once. Ed. This Case is also Reported in: 27 BLD (HCD) (2007) 321, 13 BLC (HCD) (2008) 271. ..

Category: Women and Children | Date: 28 Feb, 2007 | Hits: 75

Md. Afazuddin Vs. Md. Ataur Rahman & another, 2007, 36 CLC (AD)

....uit No. 737 of 1985 of the 2nd Court of Munsif (now Assistant Judge), Dhaka, the plaintiff learnt that the defendant No.1 as plaintiff filed the suit for recovery of khas possession of 1/3rd katha of land of Plot No.219 of Khatian No.6, of Mouza Ibrahimpur, P.S. Dhaka Cantonment, Dhaka against him a......hree) months from the date of re­ceipt of the copy of the judgment. Ed. This Case is also Reported in: .......50,000/- (fifty thousand) as further soletium in favour of the appellant within 3(three) months from the date of re­ceipt of the copy of the judgment. Ed. This Case is also Reported in: ..

Category: Contract Law | Date: 7 Feb, 2007 | Hits: 272

State Vs. Shahid Javed Gaira @ Garib Miah and others, 2006, 35 CLC (HCD)

....vil Suit No.230 of 2002 against her. She stated that a false case had been filed against her husband because she was a witness in this case and denied having received any money as payment for sale of land. 13. Abul Hossain, deposing as P.W.5, stated in his examination-in-chief that he came to the......s directed in the body of this judgment. Send down the lower Court records at once. Ed. This Case is also Reported in: 27 BLD (HCD) (2007) 198. ......mmissioner, Dhaka for taking necessary steps as directed in the body of this judgment. Send down the lower Court records at once. Ed. This Case is also Reported in: 27 BLD (HCD) (2007) 198. ..

Category: Criminal Law | Date: 29 Aug, 2006 | Hits: 31

Md. Chand Miah and others Vs. Md. Ibrahim and others, 2006, 35 CLC (HCD)

.... of Subordinate Judge, Dhaka for declaration that the registered kabala deed No.140 dated 13-01-1938 is collusive, fraudulent, void, forged and without jurisdiction and also for partition of the suit land. 3. The plaintiffs case, in brief, is that Habibulla father of plaintiff was the owner in ......llip;………………….Opposite parties Judgment August 8, 2006. Result: The Rule is made absolute. Cases Referred to- Md. Serajuddin Ahmed and others Vs. A.K.M. Saiful Alam and others, 56 DLR (AD) 41; Kessarbai Vs. Jethabai, AIR 1......tands vacated. 24. Communicated the order at once with a copy of the Judgment for information and taking necessary action. Ed. This Case is also Reported in: 15 BLT (HCD) (2007) 306. ..

Category: Evidence Law | Date: 8 Aug, 2006 | Hits: 25

Additional Deputy Commissioner (Reve­nue) and Assistant Custodian, Vested Property, Jamalpur Vs. Md. Ubbar Mondal and others, 2006, 35 CLC (HCD)

....shy;mand for retrial. 2. The opposite party nos.1-13 as plain­tiffs filed Title Suit No.29 of 1986 in the Court of Subordinate Judge, Jamalpur for declara­tion of their title in the suit land and recovery of possession in which the petitioner, the Deputy Commissioner (Revenue), Jamalpur......e Opposite Parties. Civil Revision No.2275 of 1994. Judgment AKM Fazlur Rahman J.-This Rule issued on an application under section 115(1) of the Code of Civil Procedure is directed against the judgment and decree dated 31.3.1994 passed by the District Judge, Ja­malpur in O.C. App......992 is hereby affirmed. Send down the lower Court's records at once with a copy of this judgment for in­formation. Ed. This Case is also Reported in: 26 BLD (HCD) (2007) 488. ..

Category: Abandoned Properties Law | Date: 24 Jul, 2006 | Hits: 21

Md. Durul Islam Vs. State, 2006, 35 CLC (HCD)

....em with ulterior motive. 7. If the entire allegation in the First Information Report that the accused appellant No.1 had been carrying 13 angled is he hundi money from Godagari area to Sonamashjid land port with a view to smuggling them into India and alleged recovery of Bangladeshi taka from the......s.1-3 from whom they were seized as per seizure list in accordance with law forth with. Ed. This Case is also Reported in: 27 BLD (HCD) (2007) 194. ......ed and handed over to the accused appellant Nos.1-3 from whom they were seized as per seizure list in accordance with law forth with. Ed. This Case is also Reported in: 27 BLD (HCD) (2007) 194. ..

Category: Criminal Law | Date: 20 Jul, 2006 | Hits: 21

Nani Gopal Hazra Vs. Sree Nagendar Nath Roy and others, 2006, 35 CLC (HCD)

....5. It is further stated that the petitioner is a service holder and as such it is not possible for him to manage the property as contained in the will and furthermore, Shishubala Roy resides upon the land as contained in the will and in this view of the matter, the petitioner gave a general power of......hellip;………………Respondents Judgment July 19, 2006. Result: The Appeal is allowed. Cases Referred to- Brajabala Vs. Tarapada Saha Minor and others, 11 DLR 1959 page 40; Pannu Geegania Vs. Devi Proshad AIR 1963 MP15; Juttendromohun ......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