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Rai Kishori Saha Vs. Md. Motaleb Ali and Others, 1892, 11 CLC (HCD)

....Section 3 State Acquisition and Tenancy Act (XX VIII of 1951); Section 96 Right to claim preemption a Hindu Widow – During the period of her life time a Hindu widow is a complete owner and co-share of any property or holding in question, with the right to claim partition and con......8 ......he State Acquisition and Tenancy Act is restored. This Rule is, therefore, made absolute without any Order as to cost. Ed.  This Case is also Reported in: 34 DLR (HCD) (1982)178 ..

Category: Property Law | Date: | Hits: 3

M/S Helal Jute Press Ltd Vs. Govt. of Bangladesh, 1975, 4 CLC (HCD)

....ed 26th December, 1971, the Ministry of Commerce of the Government of the People's Republic of Bangladesh was authorized to take over the management and operation of the firms and companies whose owners and top management had left Bangladesh and were not available. Subsequently, Acting President......itioners. Fakir Shahabuddin Ahmed, Attorney General with Abdul Wadud Bhuiyan, Asst. Attorney-General—For Respondent No. 1. Kazi Golam Mahbub, Advocate—For Res­pondent Nos. 2 and 3. Petition No. 352 of 19724. Judgment S.M. Hussain J.—A Notification No. 2......cate can be granted and the prayer is, accordingly, rejected. Fazle Munim J. - I agree. Ed. This Case is also Reported in: 27 DLR (HCD) (1975) 551       ..

Category: Abandoned Properties Law | Date: | Hits: 7

Haji Azizur Rahman and others Vs. Syeedul Haque Chowdhury, 1985, 14 CLC (HCD)

.... house situated in R.S Plot No.6639 and damaged a portion of it and also looted away movable articles causing a loss of Tk. 40,000/- to him. It was further alleged that his father was orig­inally owner of the property and after the death of the father he and his other co-sharers inherited the sa......igh Court Division (Chittagong Bench) (Criminal Revisional Jurisdiction) Present: Fazle Hussain Moham­mad Habibur Rahman J Md. Abdul Jalil J Haji Azizur Rah­man and others ........................Petitioner Vs. Syeedul Haque Chowdhury.......................the lower Court's records be sent down at once. Fazle Hussain Mohammad Habibur Rah­man J.—I agree. Ed. This Case is also Reported in: 38 DLR (HCD) (1986) 4.   ..

Category: Criminal Law | Date: | Hits: 1

Hazi Md. Lliyas Vs. Government of the People's Khan Republic of Bangladesh, 1978, 7 CLC (HCD)

....ion of the People's Republic of Bangladesh seeks a direction from this Court upon the respondents to restore possession of a house which was already derequisitioned. 2. The petitioner is the owner of the house which is holding No.16/1. Iqbal Road, Mohammadpur, Dacca comprising plot No.1/16 ......1. Iqbal Road, Mohammadpur, Dacca comprising plot No.1/16 of Block 'A' of Mohammadpur Housing Estate. As it appears from the record. He had completed construction of the house in January 1971 and let it out to the then Director of Training, Research Evaluation Communication Centre of the Pla......plication which their Lordships assess at Tk. 1000/- (Taka one thousand) only. Abdul Matin Khan Chowdhury J.—I agree. Ed. This Case is also Reported in: 31 DLR (HCD) (1979) 69. ..

Category: Constitutional Law | Date: | Hits: 3

Md. Arif Hossain and others Vs. Bangladesh, 2009, 38 CLC (HCD)

.....11.1945. 4. After purchase they went into possession and enjoying the case property and mutated their names in the records of Dhaka Municipal Corporation. The S.A. record the name of the previous owner Janaki Ballav Dutt was maintained. During the enjoyment of the case property the said Md. Faiz......ion (Special Original Jurisdiction) Present: Mir Hashmat Ali J Md. Nuruzzaman J Md. Arif Hossain, Son of Late Noor Hossain, Village-Amirabad, Police Station-Keraniganj, District-Dhaka and others……………………………………Petitioner Vs. Bangladesh, Represented by......es concern preferably within 3 (three) months from the date of receipt of this Judgment and order. Communicate the order at once. Ed. This Case is also Reported in: 30 BLD (HCD) (2010) 212. ..

Category: Procedural Law | Date: | Hits: 24

Rezia Begum Vs. Abu Sayed and others, 2006, 35 CLC (HCD)

....vour leased out the property to one Abdur Rezzaque by a registered patta for a period of 9 (nine) years and after expiry of 9 years the said Abdur Rezzaque redeemed the said property in favour of its owner Serajul Islam. Thereafter, Serajul Islam transferred the suit land to Younus Miah and Abul Kas......gh Court Division (Civil Revisional Jurisdiction) Present: Syed Amirul Islam J Sheikh Abdul Awal J Rezia Begum…………………………….Plaintiff-Petitioner Vs. Abu Sayed and others……………………………….Defendant Opposite-Parties Judgment March 29, 2......or disposal of Other Suit No.69 of 2003 as expeditiously as possible, preferably within 6 (six) months from receipt of this Judgment. Ed. This Case is also Reported in: 14 MLR (HCD) (2009) 471. ..

Category: Procedural Law | Date: | Hits: 26

Sunil Kumar Ghosh & others Vs. State & others, 1986, 15 CLC (HCD)

....r the petitioners that Ext. A to A (3) which are the order sheets of the impugned proceedings clearly show that the said procee­dings were started on the basis that Bibhuti Bhusan was a non-resident owner and as such the property of his share became enemy pro­perty. The property of Debendra was no...... September 17, 1986. Result: The Rule is made absolute. Cases Referred to- Province of East Pakistan Vs. AKM Razaul Karim, 21 DLR (Dhaka) 493; Bangladesh Enemy Property Management Board and others Vs. Md. Abdul Majid, 27 DLR (AD) 52; M/S. Dulichand Omraolal Vs. Bangladesh, 33 DLR (AD).......ditional District Judge court set aside and those of the learned Subordinate Judge are restored. There shall be no order as to costs. Ed. This Case is also Reported in:39 DLR (HCD) (1987) 377. ..

Category: Property Law | Date: | Hits: 64

Arif Hossain (Md.) and others, 2009, 38 CLC (HCD)

....-11-1945. 4. After purchase they went into possession and enjoying the case property and mutated their names in the records of Dhaka Municipal Corpo­ration. The SA record the name of the previous owner Janaki Ballav Dutt was maintained. During the enjoyment of the case property the said Md. Faiz......Case is also Reported in: 64 DLR (HCD) (2012) 378. ...... concerned preferably within 3 (three) months from the date of receipt of this Judgment and Order. Communicate the Order at once. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 378. ..

Category: Property Law | Date: | Hits: 66

Abdus Samad and others Vs. Felu Hossain and others, 2009, 38 CLC (HCD)

....ht in the property of another. This will be further clear from the definition of "easement" as provided in section 4, which runs as follows: "4. Easement defined.- An easement is a right which the owner or occupier of certain land possesses, as such, for the beneficial enjoyment of that land, to ...... asto costs. Ed. This Case is also Reported in: 15 MLR (HCD) (2010) 89. ......tly, title of the plaintiffs and the fact of preparation of the C.S. and S.A. records in the name of the plaintiff’s predecessor are admitted and therefore the defendants are nothing but permissive possessors and that only because of permissive possession for a long time they cannot claim adverse ..

Category: Civil Law | Date: | Hits: 123

Abdul Hamid Mollah Vs. Md. Abdul Hye and others, 1997, 26 CLC (HCD)

....intainable being hit by section 42 of the Specific Relief Act. 12. Learned Advocate for the opposite parties next contends that even if it is accepted that defendant Nos.1 and 2 are the ostensible owners of the suit land since they are in possession of the suit land along with title documents, de...... ......ent and decree dated 29‑8‑88 passed by the learned Assistant Judge, Kumarkhali, Kushtia is set aside without any order as to cost. Ed. This case is also Reported in:49 DLR (HCD) (1997) 428. ..

Category: Civil Law | Date: | Hits: 59

Abul Kalam and others Vs. Kafiluddin and others, 1996, 25 CLC (HCD)

.... the decrees of the petitioner's Title Suit No.50 and 54 of 1984 are not binding upon the plaintiff. The plaintiffs case is that the opposite party No.2 (defendant No.3) Mahmuda Begum Chowdhury being owner of the suit property made a contract to sell the suit property to the plaintiff by executing a......This case is also Reported in:49 DLR (HCD) (1997) 569. ...... The impugned order dated 5‑10‑1995 so far as it relates to the staying of Execution Case Nos.6 and 7 of 1994 is hereby set aside. Ed. This case is also Reported in:49 DLR (HCD) (1997) 569. ..

Category: Procedural Law | Date: | Hits: 69

Mohammadullah Vs. Abu Taher and others, 2009, 38 CLC (HCD)

....cres of land out of 0.57 acres described in schedule of plaint is illegal, collusive and without jurisdiction. 3. The plaintiffs case, put in a nutshell, is that one Misrijan Banu was the original owner to the extent of 1/3rd share of land covering 6.28 acres recorded in District Settlement Khati......orted in: 61 DLR (HCD) (2009) 755. ...... of land of Plot No. 679. Afterwards she gifted her land by Hebanama deed dated 14-3-1936 in favour of her grandsons Aminullah, Emdadullah, Basirullah and Mafizullah. Emdadullah having been owner and possessor in respect of 0.09 acres of land of Plot No. 679 transferred the said land by way of kabal..

Category: Civil Law | Date: | Hits: 48

Metro Makers and Developers Limited and others Vs. Bangladesh Environmental Lawyers’ Association Limited (BELA) and others, 2012, 41 CLC (AD)

....ts project area comprised of 360 acres of land consisting of 2526 residential plots of different sizes with various public utilities and facilities which have been purchased by it from different land owners in those mouzas with a view to develop the area into a satellite town. They conducted a surve...... Civil Present: Md. Muzammel Hossain CJ Surendra Kumar Sinha J Nazmun Ara Sultana J Syed Mahmud Hossain J Muhammad Imman Ali J Md. Shamsul Huda J Metro Makers and Developers Limited……Appellant (In Civil Appeal No.256 of 2009) Bangladesh Environmental......red by my brothers, Surendra Kumar Sinha, J. and Syed Mahmud Hossain, J. I agree with the reasoning and findings given by Syed Mahmud Hossain, J. Ed. This Case is also Reported in: ..

Category: Environmental Law | Date: | Hits: 434

Mst. Rahima Khatun and another Vs. Sree Monoranjon Saha and others, 2006, 35 CLC (HCD)

.... two sons (defendant Nos. 5-6) Paritosh and Gopal Saha. After the death of Panchamoni Dasi the next reversioner heirs of Jadunath Saha the defendant Nos. 1-5 by way of inheritance became the absolute owners and possessors of the suit land according to Hindu law as reversioners and from whom the plai......r Court's records at once. Ed. This Case is also Reported in: 13 MLR (HCD) (2008) 334. ......defendant Nos. 5-6) Paritosh and Gopal Saha. After the death of Panchamoni Dasi the next reversioner heirs of Jadunath Saha the defendant Nos. 1-5 by way of inheritance became the absolute owners and possessors of the suit land according to Hindu law as reversioners and from whom the plaintiffs purc..

Category: Property Law | Date: | Hits: 57

Chairman, Rajdhani Unnayan Kartipakha Vs. Ramjan Ali and others, 2006, 35 CLC (HCD)

.... a decree for permanent injunction for 17½ decimals of land of C.S. plot no.88 as described in the schedule of the plaint (hereinafter referred to as the "suit land") asserting, inter alia, that the owners of C.S. plot no.88 measuring a total area of 35 decimals were Sk. Rahamali and Sk. Amudali in......Chairman, Rajdhani Unnayan Kartipakha, Rajuk, Bhaban, Motijheel, Dhaka……………………………………………..Petitioner Vs. Ramjan Ali being deed his hears: 1(a) Md. Afjal Hossain and others……………………………………………..Opposite Parties Judgment Octo......ession. Since that day DIT and then RAJUK had been in possession of the suit land. The plaintiffs had/have no legal right, title to and interest in the suit land and they are unauthorized and illegal possessors of RAJUK land for which notice was legally served for their eviction in accordance with l..

Category: Property Law | Date: | Hits: 56

Hachina Begum and others Vs. Abdul Mannan and others, 2010, 39 CLC (HCD)

....No.23 of 1978 in the Court of Subordinate Judge, 2nd Court, Barisal impleading the defendants for declaration of title on the averments that one Abdul Kader Mia, the predecessor of the plaintiffs was owner of the suit land appertaining to C.S. dag Nos. 1194 and 1195 of Mouza Char-Vaduria measuring a......Case is also Reported in: 30 BLD (HCD) (2010) 628. ......arisal in Title Suit No.23 of 1978 is set-aside. Let a copy of the judgment along with lower Court's record be sent down at once. Ed. This Case is also Reported in: 30 BLD (HCD) (2010) 628. ..

Category: Property Law | Date: | Hits: 146

Haji Azizur Rah­man and others Vs. Syeedul Haque Chowdhury, 1985, 14 CLC (HCD)

....t's house situated in R.S Plot No.6639 and damaged a portion of it and also looted away movable articles causing a loss of Tk. 40,000/- to him. It was further alleged that his father was orig­inally owner of the property and after the death of the father he and his other co-sharers inherited the sa......upreme Court High Court Division (Chittagong Bench) (Criminal Revisional Jurisdiction) Present: Fazle Hussain Moham­mad Habibur Rahman J Md. Abdul Jalil J Haji Azizur Rah­man and others………………………Petitioner Vs. Syeedul Haque Chowdhury………………......r the Rule is discharged. Let the lower Court's records be sent down at once. Fazle Hussain Mohammad Habibur Rah­man J.- I agree. Ed. This Case is also Reported in:38 DLR (HCD) (1986) 4. ..

Category: Procedural Law | Date: | Hits: 78

Doon Valley Rice Limited Vs. MV Yue Yang and others, 1996, 25 CLC (HCD)

....of Cense Syndicate Limited, a private company incorporated in Bangladesh and having its office at Motijheel Commercial Area, Dhaka. 5. The defendant No.1 MV Yue Yang, is carrying Chinese flag. The owner and parties interested in the said vessel have been impleaded as defendant No.2. The defendant......531. ...... well as the application for the return of the plaint are rejected. And the suit is held to be maintainable in Admiralty Jurisdiction. Ed. This Case is also Reported in:48 DLR (HCD) (1996) 531. ..

Category: Admiralty Law or Maritime Law | Date: | Hits: 258

Md. Arman Hossain (Chairman) Vs. State, 2010, 39 CLC (HCD)

....nt Act, 1881, alleging, amongst other, that the complainant is a established businessman in tobacco leaves (Virginia tobacco) and in other goods. The accused No.2, who is the petitioner before us, is owner of M/S. Antora Tobacco Company, situated at Kushtia and accused No.3 is the owner of M/S. Kari......lice Station Case No.9(1)2002 under section 406/420 of the Penal Code pending in the Court of Metropolitan Magistrate, Chittagong, should not be quashed so far as it relates to the accused petitioner and/or pass such other or further order or orders be passed as to this Court may seem fit and proper...... order of stay granted at the time of the issuance of the rule shall stand vacated. Communicate the order to the court concerned. Ed. This Case is also Reported in: 30 BLD (HCD) (2010) 495. ..

Category: Criminal Law | Date: | Hits: 116

Ahmed Akbar Sobhan Vs. State, 2011, 40 CLC (HCD)

....ized various local currencies and foreign currencies that the convict-petitioner was not present at his residence but his wife and his three sons were pr­esent, who failed to show any document as to owner of the said currencies and failed to show any author­ity to keep the same and that the said c...... the conviction has been based on no legal evidence or otherwise for securing the ends of justice……………….(18) The Code of Criminal Procedure, 1898 (V of 1898); section 103 The search and seizure of any matter must be conducted in presence of two independent witnesses and in the abse......s discharged from his bail bond. Send down LCR and a copy of the Judgment to the trial Court for information and necessary action. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 417. ..

Category: Criminal Law | Date: | Hits: 109