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Abdus Sattar (Md) and ors. Vs. Lalon Mazar Sharif & Seba Sadan Committee & ors., 2004, 33 CLC (AD)
....er as plaintiff instituted Title suit No. 3 of 1985 in the Court of Subordinate Judge (now Joint District Judge), Kushtia against the opposite party Nos. 1-3 for declaration of title to the suit land stating, inter alia, that the suit land appertaining to CS Khatian No. 174 belonged to Bholai S......ference is called for. Accordingly, this leave petition is dismissed. Ed. ......onsideration of the evidence on record has arrived at the correct finding and, as such, no interference is called for. Accordingly, this leave petition is dismissed. Ed. ..Category: Property Law | Date: 11 Feb, 2004 | Hits: 127
Selim Saial Vs. A. Majid Molla and others, 2004, 33 CLC (HCD)
....he rule is discharged. Right of Pre-emption Right of Pre-emption is a statutory right conferred upon a co-sharer either by way of a. inheritance or b. purchase or contiguity of the land transferred, and that right can be defeated only under the provisions of law embodied in secti......gment January 20, 2004. Result: The rule is discharged. Right of Pre-emption Right of Pre-emption is a statutory right conferred upon a co-sharer either by way of a. inheritance or b. purchase or contiguity of the land transferred, and that right can be defeated on...... parties to bear their respective costs of the litigation. Lower Court's Record be sent down as immediate as possible. Ed. This Case is also Reported in: 15 BLT (HCD) (2007) 69. ..Category: Property Law | Date: 20 Jan, 2004 | Hits: 6
State Vs. Moslemuddin (Md), 2004, 33 CLC (AD)
....tence is illegal". In view of above position we fined no reason to interfere with the judgment and order passed by the High Court Division and accordingly the appeal is dismissed. Ed. ......tion we fined no reason to interfere with the judgment and order passed by the High Court Division and accordingly the appeal is dismissed. Ed. ......tence is illegal". In view of above position we fined no reason to interfere with the judgment and order passed by the High Court Division and accordingly the appeal is dismissed. Ed. ..Category: Anti-Corruption Laws | Date: 19 Jan, 2004 | Hits: 96
Mirpur Mazar Co-Operative Market Society Ltd. Vs. Capital Tower (Pvt) Ltd & Ors., 2006, 35 CLC (AD)
....o. 92 of 1993 was transferred from the 1st Court of Assistant Judge, Dhaka) decreeing the same in part in the following manner: "It is declared that the deed of lease in respect of the suit land and in favour of the defendant No. 6, Capital Tower (Pvt) Ltd registered on 6-4-1993 is null an......ussions made herein over we find no substance in the petition. Accordingly, the petition is dismissed. Ed. ......mode of allotment of the plot in question. 12. In view of the discussions made herein over we find no substance in the petition. Accordingly, the petition is dismissed. Ed. ..Category: Property Law | Date: 18 Jan, 2004 | Hits: 86
Abdul Bashir alias Bashu Vs. State, 2004, 33 CLC (AD)
....same judgment acquitted the other accused. 2. Prosecution case, in short, was that on September 16, 1995 in the morning the condemned prisoner with his tractor tried to cross PW 1’s (informant) land which was made ready for transplanting of paddy saplings and transplanting of paddy saplings wa......he judgment passed by the said Court on May 3 1, 1998 in Sessions Case No. 63 of 1996. Ed. This Case is also Reported in: ......dge, Mymensingh, to take steps in accordance with law in the light of the judgment passed by the said Court on May 3 1, 1998 in Sessions Case No. 63 of 1996. Ed. This Case is also Reported in: ..Category: Criminal Law | Date: 18 Jan, 2004 | Hits: 98
Abdus Sobhan Mandal (Md) Vs. Md. Jonab Ali Fakir & others, 2005, 34 CLC (AD)
....stituted Miscellaneous Case No. 39 of 1993 under section 96 of the State Acquisition and Tenancy Act in the Court of the Assistant Judge, Natore. The pre- emptor's case was that he being a contiguous land owner, has the right of pre-emption against the pre-emptee, who is a stranger thereto and the p......ons, this petition merits no consideration. Accordingly, it is dismissed. Ed. ....... We are fully in agreement with the above findings of the high court Division. For all the above reasons, this petition merits no consideration. Accordingly, it is dismissed. Ed. ..Category: Civil Law | Date: 18 Jan, 2004 | Hits: 264
Syed Md. Anwarul Haque and others Vs. Bangladesh and others, 2003, 32 CLC (HCD)
.... area to perform his functions. In view of the aforesaid Rule it cannot be said that the Government has unfettered power to appoint someone of their choice as Nikah Registrar for an unlimited area of land within the jurisdiction of Bangladesh. Furthermore other provisions of the said Rules also stip...... ...... This Case is also Reported in: 57 DLR (2005) 248. ..Category: Family Law | Date: 9 Dec, 2003 | Hits: 4
Govt. of People's Repub. of BD & other Vs. Md. Shamsul Haque & other, 2004, 33 CLC (AD)
....evision No. 4197 of 2001 was preferred which is still pending in the High Court Division and, as such, on the basis of alleged Bainanama no right and title has been created and admittedly the case land is under the possession of the Government, as such, the property in question was rightly inclu......003. The Code of Civil Procedure, 1908 (V of 1908) Section 151, Order XXXIX rule I Though the appeal of the writ petitioner was dismissed on 27‑3‑2001 but the ad interim order of injunction passed during the pendency of the appeal was a valid order and, ...... 10. We do not find any substance in the submission of the learned Counsel for the petitioners for any interference with the impugned judgment and order. The petition is dismissed. Ed. ..Category: Property Law | Date: 7 Dec, 2003 | Hits: 139
Serajuddin Ahmed & ors. Vs. AKM Saiful Alam & ors., 2003, 32 CLC (AD)
....that the petitions for review were not maintainable. 3. Respondent Nos. 1‑4 filed aforesaid Writ Petition impugning the order dated 29‑5‑1994 canceling their lease in respect of a plot of land in Mohammadpur Housing Estate and allotting the same to respondent Nos. 7 and 8 (in appeal No. ......e find merit in the appeals. Accordingly, the appeals are allowed with costs in two appeals. Ed. ...... good conscience." 30. In the background of the discussions made hereinbefore we find merit in the appeals. Accordingly, the appeals are allowed with costs in two appeals. Ed. ..Category: Constitutional Law | Date: 3 Nov, 2003 | Hits: 899
Abul Bashar and ors. Vs. Prafulla Kumar Das & ors., 2004, 33 CLC (AD)
....ion of Order XXI rule 29 of the Code of Civil Procedure has no manner of application. 4. The learned Counsel for the petitioners submits that the plaintiffs have acquired interest in the land described in "ga" schedule attached to the plaint of Title Suit No. 96 of 1997 from t......h cost. The cost is assessed fee of one day hearing of a Senior Counsel. Ed. ......Division could not be pointed out calling for interference by this Division, the petition is dismissed with cost. The cost is assessed fee of one day hearing of a Senior Counsel. Ed. ..Category: Property Law | Date: 2 Nov, 2003 | Hits: 96
Shah Gauhar Jamil Palash Vs. Shah Md. Mansur, 2003, 32 CLC (HCD)
....e order dated 26‑5‑2003 passed by the learned Sessions Judge, Rajshahi in Criminal Revision No.98 of 2003 allowing the same on setting aside the order dated 1‑2‑2003 of attachment of the case land and appointment of a Receiver therein, passed by the learned Chief Metropolitan Magistrate, Raj...... hereby vacated. Communicate the order to the court below at once. Ed. This Case is also Reported in: 57 DLR (2005) 298. ......e and obtained the present Rule. 5. Mr. Md. Mohsin Rashid, the learned Advocate for the petitioner, submits that 0.1975 acre of land, of which the disputed 0.1675 acre of land forms a part is an ejmali property between the parties and that injunction was granted in favour of 1st party opposite ..Category: Criminal Law | Date: 1 Nov, 2003 | Hits: 1
Govt. of BD. Rep. by Adnl. DC Vs. AKM Abdul Hye & ors., 2004, 33 CLC (AD)
....dated March 19, 1995 of the 1st Court of Subordinate Judge (now Joint District Judge), Gazipur, in Title Suit No. 44 of 1993 dismissing the suit which was filed seeking declaration of title in the land in suit and for a further declaration that names of Ananda Mohan Mondal, Gobinda Chandra Monda......ppeal is dismissed. There is no order as to costs. Ed. ......; 15. In view of our discussions made hereinabove we find no merit in this appeal. Accordingly the appeal is dismissed. There is no order as to costs. Ed. ..Category: Property Law | Date: 29 Oct, 2003 | Hits: 1038
Hossain @ Foran Miah and ors. Vs. State, 2004, 33 CLC (AD)
....nformant further stated that after the ejahar was written, the Daroga did not read over it to him but he signed the same as Daroga asked him to put his signature. He denied the suggestion that due to land dispute, the accused persons were falsely implicated. He also stated that Parul Akther told him......s are acquitted of the charge brought against them and be released at once if not wanted in connection with any other case. Ed. ......6 of 1997 against the appellants are set aside. The appellants are acquitted of the charge brought against them and be released at once if not wanted in connection with any other case. Ed. ..Category: Procedural Law | Date: 28 Oct, 2003 | Hits: 107
Shamsuddin alias Shamsuddoha Vs. Mvi Amjad Ali & others, 2003, 32 CLC (AD)
....ction 144 of the Code of Criminal Procedure was filed by the first party‑appellant before the Sub‑Divisional Officer, Cox's Bazar for drawing up of a proceeding stating, inter alia, that the suit land measuring 11.80 acres was purchased by them in auction on 12‑2‑1963 in Certificate Case No.......o. 132 of 1978 passed by the Magistrate, First Class, Cox's Bazar are hereby restored. Ed. This Case is also Reported in: ......in Criminal Revision No. 72 of 1987 the proceeding was dropped setting aside the order of the learned Magistrate dated 14‑61987 allowing the revisional application holding that the parties are in ejmali possession of the case land and that the Non‑GR Case No. 132 of 1978 is not maintainable. ..Category: Property Law | Date: 27 Aug, 2003 | Hits: 414
General Manager, Bangladesh Bank Vs. Saiyed Shahidul Haque and others, 2003, 32 CLC (HCD)
....nts as plaintiffs on 4.3.1989 instituted a suit being Title Suit No.87 of 1989 in First Court of Subordinate Judge, Dhaka for a declaration that property described in schedule-A to plaint is acquired land of Government and legally leased out to plaintiff and Plaintiffs title therein is unaffected by......eel Commercial Area, Dhaka………………..Appellant Vs. Saiyed Shahidul Haque and others…………………Respondents Judgment August 23, 2003. Result: The appeal is allowed in part. Cases Referred to- Rai Kiran Chandra Roy Bahadur and others Vs. Tarak Nath Gangopadhy......se we direct that parties shall bear their respective costs of litigation. Lower Court's Record be sent down as early as possible. Ed. This Case is also Reported in: 13 MLR (HCD) (2008) 161. ..Category: Property Law | Date: 23 Aug, 2003 | Hits: 35
Harunur Rashid and ors. Vs. State and ors., 2004, 33 CLC (AD)
....alleging, inter alia, that on 21‑6‑1982 the convict petitioners alone, with others created a forged kabala bearing No. 23838/82 in the Sadar Sub‑Registrar's office in respect of the land mentioned in the schedule thereto belonging to Sree Radha Madhab Biswambar Jiew for making ille......rfere. The petitions are accordingly dismissed. Ed. ......offence against the petitioners has been well proved beyond reasonable doubt. So, we find nothing to interfere. The petitions are accordingly dismissed. Ed. ..Category: Criminal Law | Date: 23 Aug, 2003 | Hits: 85
Capital Tower Ltd. Vs. Mirpur Mazar Co operative Market Society Ltd. & ors, 2004, 33 CLC (AD)
....o hower decree dite” 3. The said suit was decreed as follows: "It is declared that the deed of lease in respect of the suit land and in favour of the defendant No. 6, Capital Tower (Pvt) Ltd registered on 6‑4‑199......is dismissed. There is no order as to costs. Ed. ......previously numbered as Title Suit No. 92 of 1993 of the 1st Court of Assistant Judge, Dhaka) is set aside and the suit is dismissed. There is no order as to costs. Ed. ..Category: Property Law | Date: 18 Aug, 2003 | Hits: 216
Debendra Kumar Saha & another Vs. Uttara Bank Ltd, 2003, 32 CLC (HCD)
....ern both the Rules. 2. Plaintiff-opposite party filed Title Suit Nos.396 and 397 of 1981 in the Court of Assistant Judge, Sadar, Noakhali for ejectment of the defendant-petitioners from the suit land on the ground of default and bonafide requirement. 3. The facts of these suits are that th......own the lower Court records. Ed. This Case is also Reported in: 57 DLR (2005) 253. ......no substance in both these Rules. In the result, both the Rules are discharged. No cost, Send down the lower Court records. Ed. This Case is also Reported in: 57 DLR (2005) 253. ..Category: Tenancy Law | Date: 12 Aug, 2003 | Hits: 3
Loretto represented by Nasreen Rahman, Principal Vs. Nasreen Sobhan and another, 2003, 32 CLC (HCD)
....Choudhury and others reported in 33 DLR (AD) 55, and the case of AKM Shamsuddin and others Vs. Altafuddin Ahmed reported in 43 DLR (AD) 230. He next submits that deposit of rent in favour of previous landlord will not protect the tenant from being defaulter and from being evicted as such. In support......cree are affirmed. Ed. This Case is also Reported in: 55 DLR (HCD) (2003) 581. ....... In the result this appeal is dismissed without any order as to costs and the impugned judgment and decree are affirmed. Ed. This Case is also Reported in: 55 DLR (HCD) (2003) 581. ..Category: Tenancy Law | Date: 4 Aug, 2003 | Hits: 171
Motiar Rahman (Md.) and 18 others Vs. Government of the People's Republic of Bangladesh and others
....Furthermore, the said circular cannot and must not be allowed to encroach the provisions of Articles 7, 11, 26, 31, 32, 35, 36 and 65 of the Constitution of Bangladesh which is the supreme law of the land…………….(16) The rational deduction from Article 7 of the ......ct Magistrates and all the District and Sessions Judges of Bangladesh. Ed. This Case is also Reported in: 57 DLR (2005) 327. ......rculate this Order among all the District Magistrates and all the District and Sessions Judges of Bangladesh. Ed. This Case is also Reported in: 57 DLR (2005) 327. ..Category: Constitutional Law | Date: 29 Jul, 2003 | Hits: 11
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