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Saeeda Yasmin and others Vs. Capital Service Center Ltd and others, 2005, 34 CLC (AD)

....the plaint, we are of the view that insertion of the facts sought to be inserted will not change the nature and character of the suit, which is a suit for specific performance of contract for sale of land, as such, the High Court Division was not in error in maintaining the order of the trial Court ...... Supreme Court  Appellate Division  (Civil)  Present:  Md. Ruhul Amin J  MM Ruhul Amin J  Md. Tofazzul Islam J  Saeeda Yasmin and others.........................t for sale of land, as such, the High Court Division was not in error in maintaining the order of the trial Court allowing the prayer for amendment.  Accordingly the petition is dismissed. Ed. ..

Category: Procedural Law | Date: 29 Jun, 2005 | Hits: 98

Golam Hossain Sikder (Md.) and others Vs. Deputy Commissioner & ors, 2005, 34 CLC (HCD)

....it No.114 of 1996 dismissing the suit. 2. The facts involved for disposal of the Rule are as follows: The case of the plaintiff-petitioners as per averment of their plaint was that the suit land measuring 0.51 acre of plot No.152 and 0.04 acre of plot No.177 totaling .55 acre of Mouza Dewl...... Ed. This Case is also Reported in: 57 DLR (HCD) (2005) 598. ...... 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. ..

Category: Property Law | Date: 19 Jun, 2005 | Hits: 3

Jamuna Television Limited and another Vs. angladesh and others, 2005, 34 CLC (HCD)

....elecommuni­cation Policy and the law in arbitrary exercise of the statutory powers. 30. He submitted that upon receipt of the NOC, the JTV already spent Taka 108,43,09,300 for acquisition of land, construction of buildings, installation of various equipment, etc. But the JTV never received ...... been issued without any lawful authority and, as such, of no legal effect. Ed. This Case is also Reported in: 57 DLR (2005) 345. ......ing the licence dated 10‑3‑04 are all declared to have been issued without any lawful authority and, as such, of no legal effect. Ed. This Case is also Reported in: 57 DLR (2005) 345. ..

Category: Information Technology Law | Date: 16 Jun, 2005 | Hits: 4

Kazi Mahbubuddin Ahmed alias Mahbub Vs. State, represented by the DC, Dhaka, 2005, 34 CLC (HCD)

....t of co-convict Md. Belal being a minor, prosecution could take step for his trial under The Children Act and prosecution remained silent and allowed co-convict Md. Belal to be tried under Law of the land by Court of Sessions and not by a Juvenile Court and it did not lie in the mouth of prosecution......on with any other case. Lower Court Records be sent down at once. Ed. This Case is also Reported in: 57 DLR (2005) 513.   ......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

Jamuna Builders Ltd. and another Vs. Rajdhani Unnayan Kartripakkha and another, 2005, 34 CLC (HCD)

.... owns about 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......, the Rule is made absolute. There will be no order as to cost. Ed. This Case is also Reported in: 57 DLR (2005) 762.   ...... 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.   ..

Category: Administrative Law, Company Law | Date: 9 May, 2005 | Hits: 9

Bangladesh rep. by the Ministry of Works & ors Vs. Nasima Khatoon and others, 2005, 34 CLC (AD)

....8209;9‑1984 respectively at Dhaka, while they were permanent residents and nationals of Bangladesh. The premises in dispute originally belonged to Shamsuddin Ahmed consisting of 144 sq. yds. of land which was given on lease to him for a period of 99 years and on which he built one room. In com...... the result the appeal is dismissed without any order as to costs. Ed. ......rder of the High Court Division and, in view of the discussion made above, we are inclined not to interfere. In the result the appeal is dismissed without any order as to costs. Ed. ..

Category: Property Law | Date: 4 May, 2005 | Hits: 115

Jahangir Mohammad Adel and two others Vs. Government of Bangladesh, Represented by the Secretary, Ministry of Education and others, 2005, 34 CLC (HCD)

....udgment Afzal Hossain Ahmed J.- This Rule Nisi was issued calling upon the respondents to show cause as to why the respondents should not be directed to handover the vacant possession of the land and building at 2, K.P. Ghosh Street, Armanitola, Dhaka which housed the new Govt. High School......onths from the date of receipt of this order of this Court. Ed. This Case is also Reported in: 13 MLR (HCD) (2008) 73. ...... Ghosh Street, Armanitola , Dhaka to its owners within 4(four) months from the date of receipt of this order of this Court. Ed. This Case is also Reported in: 13 MLR (HCD) (2008) 73. ..

Category: Property Law | Date: 3 May, 2005 | Hits: 3

Md. Farid Uddin Ahmed Vs. Atahar Uddin and another, 2005, 34 CLC (HCD)

....sconduct on the part of the accused. It was further alleged that the accused disbursed and invested in their sweet will against twenty four leading business companies without taking any mortgage of land from them by violating the rules and circulars causing loss for TK. 1,61,500/-. Thus the accus......y of this judgment for information and taking necessary action. Ed. This Case is also Reported in: 13 MLR (HCD) (2008) 186.  ...... Send down the lower Court's records at once with a copy of this judgment for information and taking necessary action. Ed. This Case is also Reported in: 13 MLR (HCD) (2008) 186.  ..

Category: Criminal Law | Date: 2 May, 2005 | Hits: 2

Sohel Rana (Md.) Sohel Rana (Md.) Vs. State, 2005, 34 CLC (HCD)

....of occurrence while the victim informant was 20 years of age. She became pregnant by his brother‑in‑law (elder sister's husband). The case was a fabricated one for the purpose of grabbing the land, which the minor jail appellant inherited on his father's death. On conclusion of trial the......n the lower Tribunal records along with a copy of the judgment expeditiously. Ed. This Case is also Reported in: 57 DLR (HCD) (2005) 591. ......or information and necessary action. Send down the lower Tribunal records along with a copy of the judgment expeditiously. Ed. This Case is also Reported in: 57 DLR (HCD) (2005) 591. ..

Category: Criminal Law, Women and Children | Date: 19 Apr, 2005 | Hits: 1

Ismail Hussain Posshari & anr Vs. District Land Acquisition Officer, Bogra & ors., 2006, 35 CLC (AD)

....ame. 2. The arbitration case was filed under section 28 of the 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 respect......merit in the appeal. Accordingly the appeal is dismissed. There is no order as to cost. Ed. ......eing barred by limitation. In view of the opinion expressed hereinabove we find no merit in the appeal. Accordingly the appeal is dismissed. There is no order as to cost. Ed. ..

Category: Property Law | Date: 28 Mar, 2005 | Hits: 64

Bangladesh rep. by Sec., Ministry of Works Vs. Mojibur Rahman and others, 2005, 34 CLC (AD)

....is not made a party to the suit, that the suit property was contracted to be sold for Tk. 75,000 in 1969 and the suit was filed in 1982 in respect of the three storied building on 140 square yards of land, the valuation of which cannot be twenty two thousand and the suit is undervalued. It was furth......  (Civil)   Present:   Md. Fazlul Karim J MA Aziz J Amirul Kabir Chowdhury J  Bangladesh represented by the Secretary, Ministry of Works........Appellant Vs. Mojibur Rahman and others ..................Resp...... the argument advanced by Mr. B Hossain and accordingly, the appeal is dismissed without any order as to costs and the judgment and order passed by the High Court Division is affirmed. Ed. ..

Category: Property Law | Date: 27 Mar, 2005 | Hits: 101

Md. Faiz, Advocate of the Appellate Division of the Supreme Court of Bangladesh Vs. Ekramul Haque Bulbul, reporter of the Daily Prothom Alo And others, 2005, 34 CLC (HCD)

....sidered and what kind of punishment used to be inflicted in the past. 14. It appears that the law of contempt in our country has stemmed from the English Law. The Superior Courts of Record in England have from early times exercised the power to commit for contempt persons who scandalized the Co......s no finding is necessary in this case. Ed. This Case is also Reported in: 57 DLR (2005) 670.       ...... to disclose their sources of information is disposed of as no finding is necessary in this case. Ed. This Case is also Reported in: 57 DLR (2005) 670.       ..

Category: Constitutional Law, Contempt of Court Law | Date: 21 Mar, 2005 | Hits: 7

Abdul Latif Hawlader Vs. Sultan Miah and others, 2005, 34 CLC (HCD)

....ndant No.1 proposed to sell the suit property to the plaintiff and the plaintiff agreed to the proposal. Thereafter, on the 16th Magh 1402, BS. in presence of the witnesses the sale value of the suit land was settled at Taka 14,100 and it was also settled that the plaintiff would pay Taka 13,800 to ....... Ed. This Case is also Reported in: 57 DLR (2005) 574.      ......r Assistant Judge (in charge), Gopalganj Sadar, Gopalganj in Title Suit No.120 of 1997 are hereby set aside. Ed. This Case is also Reported in: 57 DLR (2005) 574.      ..

Category: Tenancy Law | Date: 15 Mar, 2005 | Hits: 3

Mohiruddin Mondal alias Md. Mohiruddin Mondal and others Vs. State, 2005, 34 CLC (HCD)

....ault to suffer imprisonment for one month. 2. The prosecution case, in short, is t hat on 17‑3­-1983 at about 8‑00 AM when the informant Md. Golam Hossain were cutting, IRRI paddy in the land mentioned in the schedule to the complaint of the informant then the accused persons being arme...... out the sentence imposed on him. Send down the LC record at once. Ed. This Case is also Reported in: 57 DLR (2005) 779.   ......r within 3(three) months to his bail bond to serve out the sentence imposed on him. Send down the LC record at once. Ed. This Case is also Reported in: 57 DLR (2005) 779.   ..

Category: Criminal Law | Date: 14 Mar, 2005 | Hits: 4

Hazi Md Hossain @ Md Aowlad Hossain and others VS. Obaidul Haque & others, 2005, 34 CLC (AD)

.... of Civil Procedure, 1908 (V of 1908), Order XXXIX, Rules 1 & 2 In a suit for partition of immovable property whether a party can be allowed to construct a multi-storied building on the land in excess of his share-Defendant cannot be allowed to build a multi-storied building on the la......ccordingly, the appeal is allowed. There is no order as to cost. Ed. ...... the defendant No.52 to allow him to make construction at his own risk in the land seeking partition whereof the aforesaid suit has been filed. 2. The suit was filed seeking partition of the ejmali property described in the schedule attached to the plaint. 3. The defendant No. 52 fi..

Category: Civil Law | Date: 6 Mar, 2005 | Hits: 308

Secretary, Rahmat-E-Alam Islam Mission and Etimkhane No.1 Railgate Tejgaon, Dhaka Vs. Md. Safiqul Huq and others, 2005, 34 CLC (HCD)

....decree dated 5.6.1980 passed in Title suit No.346 of 1977 by the First Court of the Subordinate Judge, Dhaka is illegal, void and not binding upon the plaintiff. The plaintiff alleged that the suit land originally belonged to Priaya Nath Basak and others and on the death of Priaya Nath Basak, hi......………………………………………………..Opposite Parties With Additional Deputy Commissioner (Rev), Dhaka and In-charge, vested property, Dhaka District, Collectorate Building, Dhaka………………………………… Petitioner Vs. Mohammad Shafiqul Haque ...... both the aforesaid rules. Both the rules are therefore discharged without any order as to costs. Send down the L.C.R. Ed. This Case is also Reported in: 26 BLD (HCD) (2007) 75. ..

Category: Property Law | Date: 23 Feb, 2005 | Hits: 5

HBS Association (Pvt.) Ltd. & others Vs. Prof. Shahabuddin Khaled Chowdhury and others, 2005, 34 CLC (AD)

....be a director of the company (Annexures 2, 3,4 and 5 of the affidavit-in-opposition); in the course of business, the company by registered deeds dated 25-4-95 and 12-11-96 purchased about 5 bighas of land for construction of VIP Tower and prior to this, there was a baina dated 28-10-93 signed betwee...... is dismissed. No order as to costs. Ed. This Case is also Reported in: V ADC (2008) 271. ...... and we find no cogent reason to interfere with the same. Accordingly, the appeal is dismissed. No order as to costs. Ed. This Case is also Reported in: V ADC (2008) 271. ..

Category: Company Law | Date: 22 Feb, 2005 | Hits: 364

Govt. of BD rep. by the Sec., Min. of Establishment Vs. Md. Abu Bakar, 2005, 34 CLC (AD)

....t Petition No. 673 of 2001. 2. The respondent No.1 filed the above writ petition stating, inter alia, that he was legally entitled to get allotment of a plot as affected person because the land of his father was acquired and he and other heirs already received compensation from the autho......sion of the High Court Division. The petition is dismissed. Ed. ......lotment of a plot to the writ petitioner. 5.  So, there is no cogent reason to interfere with the decision of the High Court Division. The petition is dismissed. Ed. ..

Category: Property Law | Date: 16 Feb, 2005 | Hits: 69

Siraj Miah Vs. Mohammad Miah and others, 2005, CLC (HCD)

....itle Suit No.91 of 1977 in the Court of the Munsif 2nd Court, Feni praying for partition of his share upon determination of title, stating, inter alia, that the defendant No.1 sold out 60 decimals of land to him on 25‑12‑1972 under a registered suf kabala in which the plaintiff had enjoyment of ......05) 356.   ......t No.91 of 1977 renumbered as Title Suit No.52 of 1986 is hereby upheld. Send down the Lower Courts records at once. Ed. This Case is also Reported in: 57 DLR (2005) 356.   ..

Category: Property Law | Date: 7 Feb, 2005 | Hits: 2

Chairman, Sherpur Paurashava Vs. Md. Jahangir Hossain Chowdhury, 2005, 34 CLC (AD)

........Respondents  Judgment February 1, 2005. The State Acquisition & Tenancy Act, 1950(XXVIII of 1951), Section 20   The suit land is being admittedly a tank and, as such, non-retainable land of the Zamindars the plaintiff of...... Counsel for the petitioner. The petitions are dismissed.  Ed. ......-retainable khas land of the original landlord, we do not find any substance in the submission of the learned Counsel for the petitioner. The petitions are dismissed.  Ed. ..

Category: Property Law | Date: 1 Feb, 2005 | Hits: 118