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Chairman, RAJUK Vs. MN Alam and Associates Limited, 2004, 33 CLC (HCD)
....nt, MN Alam & Associates Ltd., without jurisdiction and the award given was a in brief, consultant, got work order dated 3‑1‑87 for nullity and learned Subordinate Judge therefore, survey and land use planning of first 1000 acres and then, another work order dated 5‑7‑87 for 1200 acres o......s Case is also Reported in: 57 DLR (2005) 626. ......f stay granted at the time of issue of the Rule on 4‑9‑02 is recalled and vacated. Send down the record at once. Ed. This Case is also Reported in: 57 DLR (2005) 626. ..Category: Arbitration Law | Date: 27 Jul, 2004 | Hits: 8
Rajdhani Unnayan KartiÂpakhya (RAJUK) Vs. Jahanara Begum & others, 2004, 33 CLC (AD)
.... Judgment July 21, 2004. Result: The decision of the High Court Division was modified. The Constitution of Bangladesh, 1972, Article 102 An affected person shall get allotment of land from RAJUK and RAJUK shall allot land to that affected person whenever such affected person ful...... the High Court Division is modified as above. The petition is disposed of. Ed. This Case is also Reported in:......UK would make allotment to the writ petitioner, otherwise not. The direction of the High Court Division is modified as above. The petition is disposed of. Ed. This Case is also Reported in:..Category: Property Law | Date: 21 Jul, 2004 | Hits: 133
Abdul Malek Sawdagar Vs. Md. Mahbubey Alam and others, 2004, 33 CLC (AD)
....section 64(1) of the Ordinance for eviction of the plaintiffs is illegal and not binding upon the plaintiffs on the averment, inter alia, that one Peer Box Sawdagar was the original owner of the suit land which was inherited by the predecessor of the plaintiffs Yakub Sawdagar by way of purchase on 2...... suit and in accordance with law. Ed. This Case is also Reported in: 57 DLR (AD) (2005) 18. ......rts concerned, which would independently dispose of the same on the materials, evidence in the suit and in accordance with law. Ed. This Case is also Reported in: 57 DLR (AD) (2005) 18. ..Category: Civil Law | Date: 20 Jul, 2004 | Hits: 160
Zamini Bala Das Vs. Abdul Aziz and others, 2004, 33 CLC (HCD)
....€‘3‑99 the plaintiff Zamini Bala Dasi instituted the suit against Abdul Aziz Miah, predecessor of opposite parties for a decree of declaration of title in northern 36 decimals out of 76 decimals of land of CS plot No.274 appertaining to CS khatian No.86 fully described in the schedule to the plain......2005) 774. ......f the trial Court restored. The suit is decreed as prayed for. Send down the record at once. Ed. This Case is also Reported in: 57 DLR (2005) 774. ..Category: Property Law | Date: 17 Jul, 2004 | Hits: 4
Nurul Haque and others Vs. Abdus Salam Chowdhury and ors. 2005, 34 CLC (AD)
....plaintiff from his custody regarding the suit property were by the original plaintiff from his custody. 8. It was the case of the plaintiff that he purchased 10 decimals of land in Jalpaiguri town, India from defendant No. 1 by kabala dated 4-4-1960 Exhibit A (3) and also......with. The appeal is thus allowed with cost. Ed. ......ment of the High Court Division is not at all a proper Judgment of reversal. Accordingly, the same is liable to be interfered with. The appeal is thus allowed with cost. Ed. ..Category: Civil Law | Date: 13 Jul, 2004 | Hits: 196
Oriental Bank Ltd. Vs. Rina Alam and another, 2004, 33 CLC (AD)
....Rin Adalat Suit. DW, 1 Mr. Azfar Ahmed, an officer of the Bank and tadbirkar, has deposed in that suit that the plaintiff-respondent No. 1 was not a surety and that defendant No. 4 did not keep the land in question as security for the loan but the instant case was a suit for the declaration, int......rt Division. This petition is accordingly dismissed. Ed. This Case is also Reported in: 57 DLR (AD) (2005) 51. ......nsel for the petitioner to interfere with the impugned judgment of the High Court Division. This petition is accordingly dismissed. Ed. This Case is also Reported in: 57 DLR (AD) (2005) 51. ..Category: Civil Law | Date: 5 Jul, 2004 | Hits: 171
Rajshahi DevelopÂment Authority Vs. Sultan Ahmed, Advocate and others, 2005, 34 CLC (AD)
....ullah reported in 42 DLR (AD) 91 the relevant passage is quoted as under: "It was said in the case that though notice for acquisition under section 5(a) was served in 1962 the land was six years when the value of the land increased to a great extent. Government did not explai......e only. The appeal is dismissed without any order as to costs. Ed. ......ury, that has been suffered by the writ‑petitioner and is confined to thefacts and circumstances of this case only. The appeal is dismissed without any order as to costs. Ed. ..Category: Constitutional Law | Date: 29 Jun, 2004 | Hits: 232
Abdul Mumin alias Tanu Miah Vs. Mahfujur Rahman and othÂers, 2004, 33 CLC (AD)
....t, 1949 seeking pre-emption in respect of the sale by 5 different kabalas dated 5.9.1988. The claim of pre-emption was made on the assertion that by inheritance the pre-emptor is the co-sharer of the land of lot Nos. 2183 and 2184 of khatian No. 450. 2. The pre-emptor claimed to have inherited the ......ingly all the appeals are dismissed There is no order as to cost. Ed. This Case is alsoReported in: 1 ADC (2004) 515.......on of the land transferred by the heir of Abdul Ghani to the pre-emptees. Accordingly all the appeals are dismissed There is no order as to cost. Ed. This Case is alsoReported in: 1 ADC (2004) 515...Category: Property Law | Date: 28 Jun, 2004 | Hits: 43
Govt. of BD rep. by DC Vs. Anwara Huq & ors., 2004, 33 CLC (AD)
...........Respondents Judgment May 25, 2004. The Land Acquisition Act, 1894 (I of 1894), Sections 3(a), 23 & 24 In assessing compensation for acquired land compensation is to be assessed not only for land simplicitar but also for benefits arising out...... the appeal. Accordingly, the appeal is dismissed with costs. Ed. ......rator has not committed any error of law. In view of the discussions made hereinabove we do not find any merit in the appeal. Accordingly, the appeal is dismissed with costs. Ed. ..Category: Property Law | Date: 25 May, 2004 | Hits: 121
Sultan Miah (Md) Vs. Kazi Abu Siddique and others, 2005, 34 CLC (AD)
....di for permanent injunction on the averments, inter alia, that after the death of the CS recorded owner Meher Ali and his sons Kamaruddin, Janab Ali and Chand Miah got one third each of the suit land on amicable partition. It is further stated that the plaintiff became the owner of the suit lan......is petition merits no consideration. Accordingly, it is dismissed. Ed. ......ned. Judgment of the, High Court Division causing failure of justice in making the Rule absolute. Therefore, this petition merits no consideration. Accordingly, it is dismissed. Ed. ..Category: Civil Law | Date: 8 May, 2004 | Hits: 825
Sunder Ali being dead his heirs A. Hannan & ors. Vs. Md. Serajul I. Sarker & ors., 2004, 33 CLC (AD)
....e plaint of the aforementioned Title Suit. 2. Predecessor of the present appellant No. 14 and another filed the aforesaid title suit seeking declaration of title In respect of the land described in the schedule attached to the plaint. 3. In due course the defendants ......same expeditiously. There is no order as to costs. Ed. ......allowed. The trial Court is directed to proceed with the trial of Title Suit No. 4 of 1995 and to dispose of the same expeditiously. There is no order as to costs. Ed. ..Category: Property Law | Date: 27 Apr, 2004 | Hits: 102
Rokeya Begum Vs. Md. Nurul Absar and others, 2004, 33 CLC (AD)
....agong, in Miscellaneous Case No.314 of 1988 allowing the same, respectively. 2. Pre-emption was sought under Section 96 of the State Acquisition and Tenancy Act in respect of 38 1/2 decimals of land in each of the Miscellaneous cases. The land sought to be pre-empted was transferred by two kab......rein before we find merit in the appeals. Accordingly the appeals are allowed. There is no order as to costs. Ed. ......d finally on July 3, 1988. The pre-emtees are strangers in the holding and also not co-sharer of the land so transferred. 5. The pre-emptor claimed pre-emption as of being the co-sharer of the ejmali land of the holding i.e. R.S. Khatian No.791/1 and that the land sought to be pre-empted is c..Category: Property Law | Date: 25 Apr, 2004 | Hits: 42
Bangladesh Bank and ors. Vs. Zafar Ahmed Chowdhury and another, 2004, 33 CLC (AD)
.... above of the High Court Division not being sustainable in law is hereby set aside. Accordingly, this petition is disposed of with the above observations. Ed. This Case is also Reported in: ...... Accordingly, this petition is disposed of with the above observations. Ed. This Case is also Reported in: ...... above of the High Court Division not being sustainable in law is hereby set aside. Accordingly, this petition is disposed of with the above observations. Ed. This Case is also Reported in: ..Category: Constitutional Law | Date: 24 Apr, 2004 | Hits: 175
Abdul Jabbar Vs. Md. Lokman Hossian, 2006, 35 CLC (AD)
....opposite party herein. 8. In the present case admittedly the defendant occupied the suit premises as tenant under the plaintiff and thereafter he was paying rent to the plaintiff admitting him as land lord, which was also conÂfirmed by his rent case No. 43 of 1993. Thereafter he has created a n......und of the discussion made hereinabove we find no merit in the petition. Accordingly the petition is dismissed. Ed. ...... the High Court Division in making the Rule absolute. 12. In the background of the discussion made hereinabove we find no merit in the petition. Accordingly the petition is dismissed. Ed. ..Category: Tenancy Law | Date: 21 Apr, 2004 | Hits: 69
Executive Engineer, LGED, Rangpur Vs. A Latif & Company Ltd, 2004, 33 CLC (HCD)
.... no claim to compensation, in any case. 30. Mr. Shafique Ahmed submitted that the learned Arbitrator is empowered to give compensation or damages for breach of the contract under law of the land even when the contract is silent. Submission may sound appealing but is devoid of any substance......also Reported in: 57 DLR (2005) 656. ......d dated 22‑6-2000 is accordingly set aside. The arbitration agreement now ceases to have any effect. Communicate at once. Ed. This Case is also Reported in: 57 DLR (2005) 656. ..Category: Arbitration Law | Date: 11 Apr, 2004 | Hits: 3
Aftab A (Capt Retired) Vs. SM Kutubuddin being dead his heirs: Nuzhat Banu & ors., 2004, 33 CLC (AD)
....ce. 2. Plaintiff‑appellant and another (responÂdent No. 2) filed the Other Class Suit No. 70 of 1992/Other Suit No. 86 of 1988 seeking a decree for specific performance of contract for sale of land against the predecessor of the respondent Nos. 1 (a) to 1 (c) on the basis of the 'bainapatra'......of 1992 is remitted back to the High Court Division for disposal on merit. There is no order as to costs. Ed.......n merit. 12. Accordingly, the appeal is allowed. 13. The First Appeal No. 191 of 1992 is remitted back to the High Court Division for disposal on merit. There is no order as to costs. Ed...Category: Tenancy Law | Date: 20 Mar, 2004 | Hits: 106
Akram Hossain (Md.) Vs. Sahera Khatun and others, 2004, 33 CLC (HCD)
....osite party Nos.1 and 2. None of the sisters entered into any contract for sale of the suit holding to the plaintiff. Rather, all three sisters entered into an agreement with him for sale of the suit land at a consideration of Taka 36,00,000 and upon receipt of Taka 9,00,000 on 8‑12‑2002 they de...... Ed. This Case is also Reported in: 57 DLR (2005) 317. ......nt District Judge is directed to hear and dispose of the suit within a period of three months from the date of receipt of this order. Ed. This Case is also Reported in: 57 DLR (2005) 317. ..Category: Contract Law | Date: 8 Mar, 2004 | Hits: 5
Ataur Rahman (Md.) another Vs. Edruc Limited, 2004, 33 CLC (HCD)
....PSL RM Ramanathan Chettiar Vs. OR MP RM Ramanathan Chettiar, 1968 SC 1047 at 1049; Sahadeo Sukul and others Vs. Seikh Shawkat Hossain, 12 CWN 145 at 146; Re Welsh Brick Industries Ltd., 1946 2 All England Law Reports, page 197; Ram Lal Vs. Central Bank of India, AIR 1961 Punj. 340 at 344, 349; Varji......the result, the applications are dismissed without any order as to costs. Ed. This Case is also Reported in: 57 DLR (2005) 337. ......tainable and are therefore, liable to be dismissed. In the result, the applications are dismissed without any order as to costs. Ed. This Case is also Reported in: 57 DLR (2005) 337. ..Category: Company Law | Date: 3 Mar, 2004 | Hits: 8
Jalil Brothers and ors. Vs. Humayun Majid and ors., 2004, 33 CLC (AD)
....al Area, Dhaka occupied by the appellants and respondents Nos. 3‑17 stating, inter alia, that former Government of East Pakistan by a registered deed of lease dated 6‑10‑65 granted lease of the land situated at Holding No. 21, Motijheel Commercial Area, Dhaka to Enam Elahi and Brothers, a fami......n of the High Court Division. Accordingly, the appeal is dismissed without any order as to costs. Ed. ......e matter in its proper perspective and we find no illegality or irregularity in the decision of the High Court Division. Accordingly, the appeal is dismissed without any order as to costs. Ed. ..Category: Tenancy Law | Date: 18 Feb, 2004 | Hits: 133
State Vs. Anjuara Khatun, 2004, 33 CLC (HCD)
....econd Court, Jessore in Sessions Case No.182 of 1999. 7. Prosecution to bring home culpability of Anjuara Khatun put on witness box fourteen (14) witnesses. 8. Defence adopted was that over land dispute some other, persons killed Tipu Sultan. Innocence and false implication had been, also,......ife. Lower Court’s Record is sent down as early as possible. Ed. This Case is also Reported in: 57 DLR (2005) 277. ......Anjuara Khatoon is sentenced to imprisonment for life. Lower Court’s Record is sent down as early as possible. Ed. This Case is also Reported in: 57 DLR (2005) 277. ..Category: Criminal Law, Evidence Law | Date: 17 Feb, 2004 | Hits: 7
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