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Halima Bibi Vs. The Chairman & another, 1992, 21 CLC (HCD)

....o legal effect. The property in question stands excluded from the list of abandoned property. We, however, make no order as to cost. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 197.......then the petitioner has been possessing the said properties as its lawful owner till before eviction, Petitioner after purchase. mutated her name in The revenue record of the Government by initiating mutation proceeding and paid rent to the Govt. and also paid tax to the Municipality. Photostat copy..

Category: Property Law | Date: | Hits: 64

Sadharan Bima Corporation Vs. M V Birba and others, 1991, 20 CLC (HCD)

....ff and/or anybody; (b) a declaration that the plaintiff is not liable to contribute any sum in respect of general average of the ship or vessel Birba, her cargo and freight and is entitled to 'the cancellation and return of bonds or guarantees given to the principal defendants by the insured cons......cessary correction in clause (1) of rule 3 of Order XLIX of the Code of Civil Procedure by inserting clause (b) instead of clause (d). Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 171...

Category: Admiralty Law or Maritime Law | Date: | Hits: 315

Md. Moktad Hossen Majumdar Vs. Md. Golam Mostafa Majumdar, 2011, 40 CLC (AD)

....o execution and as per the order of the executing court the deed in question was registered and after setting aside of the ex-parte decree, there was no application from the side of the defendant for cancellation of this registered deed in question. However, in view of above, we find no reason to....... This civil petition for leave to appeal has got no merit. In the circumstances this civil petition for leave to appeal is dismissed. Ed. This Case is also Reported in: VIII ADC (2011) 596. ..

Category: Property Law | Date: | Hits: 74

Shamsuddin Ahmed and others Vs. Government of Bangladesh and others, 1993, 22 CLC (HCD)

....lier granted by this Court and extended from time to time is hereby vacated. Communicate the order to the Court concerned at once. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 675. ......on‑GR Case No. 11 of 1983 in which the property in dispute was kept under attachment and then the learned Magistrate appointed a receiver for the management of the property and that the plaintiffs' mutation case No. 96/81‑82 was also rejected. From this fact it appears that the plaintiffs were n..

Category: Property Law | Date: | Hits: 68

Bangladesh Sugar and Food Industries Corporation Vs. Md. Kashem and others, 2002, 31 CLC (HCD)

....ent and, as such, the allotment dated 10‑4‑1974 was cancelled on 25‑8- 1975 and the plaintiff was asked to hand over possession of the suit property to the Government. Against the said order of cancellation of t allotment, the plaintiff filed the suit again defendant Nos. 1‑4 without implead......0‑3‑1995 passed by the Subordinate Judge, 3rd Court, Dhaka, in Title Suit No. 144 of 1975 are hereby set aside and the suit be dismissed. Ed. This Case is also Reported in: 55 DLR (2003) 350...

Category: Property Law | Date: | Hits: 122

Mustafa Kamal and others Vs. Director of Land Records and others, 1991, 20 CLC (HCD)

....assed without lawful authority and the same are of no legal effect. In the result, both the Rules are made absolute without costs. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 634. ......e prescribed manner, the Record‑of‑rights prepared or revised under Part IV, or under this Part by correcting clerical mistake and by incorporating therein the changes on account of: (a) the mutation of names as a result of transfer or inheritance; (b) the subdivision, amalgamation or ..

Category: Property Law | Date: | Hits: 73

Kazi Shafiul Nasher Vs. Secondary and Higher Secondary Education Board, Jessore and others, 1991, 20 CLC (HCD)

....ng the said fact the order of transfer was procured from Khulna to Babuganj by misrepresentation of fact. The said Inquiry Committee submitted its report on 24.10.89 recommending, amongst others, (a) cancellation of the result of the petitioner's SSC examination for the year 1988 and debarring him f......ayer in disposing of a matter under Article 102 of the Constitution. The Rule is therefore discharged without any order as to costs. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 619...

Category: Civil Law | Date: | Hits: 159

Tuglak Khan Vs. Md. Sultan Nasiruddin, 1991, 20 CLC (HCD)

.....11.83 and registered on the same date purporting to transfer the land described in the schedule to the plaint was illegal, fraudulent, mala fide, void and not binding upon the plaintiff and also for cancellation of the said document. 3. The case of the plaintiff before the learned Assistant Judg......ces of the case, the parties are directed to bear their respective costs. The stay order granted by this Court earlier is vacated. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 615. ..

Category: Property Law | Date: | Hits: 87

Abdur Razzaque Vs. Bangladesh Agricultural Deve­lopment Corporation and others, 1991, 20 CLC (HCD)

.... annexed to the petition and marked as Annexure C. After disposal of the said appeal acquitting the petitioner, the petitioner applied to the Regional Manager (Fertilizer) BADC Barisal on 15.7.85 for cancellation of the order of termination and to re‑instate him in service stating therein that his...... that the petitioner be reinstated in his service at once. In the result, the Rule is made absolute without any order as to costs. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 613. ..

Category: Employment/Service Law | Date: | Hits: 67

Aftabur Rahman Vs. State, 1993, 22 CLC (HCD)

....ce custody for one day. 6. On 22.6.93 the Inspector of Police, Dhaka Metropolitan Police Dhaka, filed an application through the public prosecutor in the Court to the Additional Sessions Judge for cancellation of the bail of the accused petitioner granted on 21.6.93 and for remand of the accused ......asons aforesaid the Rule is made absolute and the order dated 22.6.93 and subsequent orders including the impugned order are set aside. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 593...

Category: Criminal Law | Date: | Hits: 87

Eurco Explorer Co. Ltd. Athens Greece and others Vs. Grain Bank Ltd., 1992, 21 CLC (HCD)

....t where an order of attachment cannot be made under Or. 38 r. 5 CPC it is liable to be set aside and consequently the bank guarantee furnished pursuant to such order is also liable to be returned for cancellation. He cited the decisions in the case of Messers United Venture Navigation Co. Ltd. Vs. S......equent upon the illegal impugned order. In the result, the rule is made absolute. The parties are to bear their respective costs. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 591. ..

Category: Civil Law | Date: | Hits: 75

Reliance Auto Ltd. Vs. Commissioner of Customs, Customs House, Chittagong and others, 2003, 32 CLC (HCD)

.... inordinate delay speaks a volume against the Customs authority. In the result, the Rule is made absolute without any order as to costs. Ed. This Case is also Reported in: 55 DLR (2003) 322. ...... inordinate delay speaks a volume against the Customs authority. In the result, the Rule is made absolute without any order as to costs. Ed. This Case is also Reported in: 55 DLR (2003) 322. ..

Category: Business or Commercial Law | Date: | Hits: 209

Dr. Malik Mehdi Kabir and others Vs. Rabit-Al-Alam-Al-Islami and others, 2010, 39 CLC (AD)

....l authority and also did not give direction upon the Deputy Commissioner to declare the acquisition of the property in the Official Gazette under section 11 of the Ordinance as prayed. Therefore, the cancellation of the acquisition proceedings by the impugned Gazette Notification stands despite maki...... other appeal being Civil Appeal No.59 of 2006 is disposed of with the above observations. Ed. This Case is also Reported in: 16 MLR (AD) (2010) 273, 8 LG (AD) (2011) 177, VIII ADC (2011) 652. ..

Category: Property Law | Date: | Hits: 93

MA Hashem Vs. Shamsul Kabir Humayun Reza and anothers, 2011, 40 CLC (HCD)

....y executing any deed of agreement, 2 deeds of agreement submitted by the defendants which are false and fabricated. Thus against false and fabri­cated bainapatra they have filed the instant suit for cancellation the same. Defendants created false and forged bainapatra following the deeds of her fat...... him, thereafter standard lease agreement was executed and registered in his favour on 1-8-1962 being deed No.7198 and he became the 16 annas owner of the suit plot, this defendant No.3-appellant got mutation khatian and got his name recorded in the City Corporation, electricity, WASA and Titas gas ..

Category: Property Law | Date: | Hits: 100

Most. Shamsunnahar and Others Vs. Abdul Mannan and Others, 2010, 39 CLC (AD)

....eed is maintainable subject to the condition that the plaintiff is required to prove that the instrument was obtained through fraud or by mutual mistake of the parties. The plaintiff did not seek for cancellation of the entire deed, and under such circumstances, it was incumbent for him to seek the ......ind no ground to interfere with the same. The appeal is, therefore, dismissed without any order as to costs. Ed. This Case is also Reported in: 31 BLD (AD) (2011) 198, 16 MLR (AD) (2011) 374. ..

Category: Property Law | Date: | Hits: 49

National Engineers Ltd. Vs. Director, Military Lands and Cantonment Directorate and others, 1991, 20 CLC (HCD)

....nstallment before expiry of the lease period. But in the instant case there was no occasion to cancel the lease as at the time of issuance of the impugned notices the lease period expired. Instead of cancellation of lease the notices have been issued for taking possession under the Central Governmen......ondents in issuing notices? Our answer is in the negative. For the above discussion, the Rule is discharged. No order as to costs. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 144. ..

Category: Property Law | Date: | Hits: 92

Bangladesh and others Vs. Abdul Aziz, 2011, 40 CLC (HCD)

....revisional power. In the result the revision fails and the Rule is discharged without any order as to cost. Send down the LCR at once. Ed. This Case is also Reported in: 16 BLC (2011) 897.......t file SA khatian No.111 and, as such, the learned Assistant Judge rightly dismissed the suit. She further submits that appellate Court came to a wrong finding about the title of plaintiff relying on mutation khatian and rent receipt over the suit land. As per law the mutation khatian and rent recei..

Category: Procedural Law | Date: | Hits: 72

Hemendra Lal Homoeopathic Databya Chikitshalay and another Vs. The Administrator General and Official Trustee, 1991, 20 CLC (HCD)

....order under Memo No. 358(2) dated 20.1.81 passed under section 59 of the Trust Act, 1882. The appellant‑petitioner No. 2 lodged an objection to the Additional Deputy Commissioner (Rev.) praying for cancellation of the aforesaid order dated 20.1.81 the inter alia, that as he was the legal trustee b...... Manikganj on 10.6.87 in Trust Act Case No.1 of 1986 was illegal and is therefore set aside. In the result, the appeal is allowed. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 512. ..

Category: Trust/Waqf Law | Date: | Hits: 183

Abdur Rahim Vs. Momotaz Begum and others, 2011, 40 CLC (HCD)

..... We find support the above views in the case of Ramizuddin Miah Vs. Jarimunnessa and others, reported in 15 BLD (AD) 52. In that case it appears that the plaintiff filed a suit for a declaration and cancellation of two deeds of Heba-bil-Ewaj bringing allegation that the defendants obtained her thum......rected to proceed with the case in accordance with law. Communicate the order at once. Jahangir Hossain J.- I agree. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 96.  ..

Category: Limitation Law | Date: | Hits: 219

Nurul Islam Vs. Morshedul Alam and Others, 2011, 40 CLC (AD)

....t of the suit land by inheritance from one son and three daughters of Md. Putan to whom the suit land formerly belonged. Thereafter, the other heirs of Ali Hossain, filed Other Suit No.35 of 1954 for cancellation of the solenama and the decree passed in Other Suit No.13 of 1961 against the heirs of ......ce with the impugned judgment and decree. Accordingly, the appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: 64 DLR (AD)(2012) 3, 32 BLD (AD) (2012) 25. ..

Category: Property Law | Date: | Hits: 116