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Nasirullah and another Vs. Government of Bangladesh and others, 2008, 37 CLC (HCD)
....enient places on or near the property in the prescribed form and manner stating that the property is proposed to be acquired. But section 3 of the Ordinance does not enjoin service of notice upon the owners of the land proposed to be acquired…………………………(11 & 12) The Acquis......d. This Case is also Reported in: 61 DLR (HCD) (2009) 119. ......ted. No order as to costs. The Rule issued in Writ Petition No. 3071 of 2008 is discharged without any order as to costs. Ed. This Case is also Reported in: 61 DLR (HCD) (2009) 119. ..Category: Property Law | Date: | Hits: 79
Zareen Biscuit Company Vs. Sayed M. Salimullah and others, 2010, 39 CLC (HCD)
.... Waqf Waqf, as meant in the Muslim personal law, is the dedication of property for religious, pious or charitable purposes which by necessary implÂication is the extinction of the appropriator's ownership in the thing dedicated and detention of the thing in the implied ownership of God in such ......gh Court Division (Civil Appellate Jurisdiction) Present: Sheikh Abdul Awal J M Moazzam Husain J Zareen Biscuit Company.........................Appellant Vs. Sayed M. Salimullah and others.........................Respondents Judgment October 11, 2010. Result: The ......e of dismissal passed by the Subordinate Judge, 3rd Court, Tangail, is hereby affirmed. Send down the lower Court record at once. Ed. This Case is also Reported in: 16 BLC (HCD) (2011) 267. ..Category: Trust/Waqf Law | Date: | Hits: 114
LMJ International Ltd. India Vs. MV BK Ace and others, 2010, 39 CLC (HCD)
....ns nothing but "unloading" of the cargo into the classified area of the Port…………….(25) Bills of lading, in one of its implication, being the documents of title, the holder of it gets the ownership of the said cargo carried by a vessel upon which the same was issued by the master of the ......Supreme Court High Court Division (Statutory Original Jurisdiction) Present: AFM Rahman J LMJ International Ltd. India…………………………Plaintiffs Vs. MV BK Ace and others…………………………Defendant Judgment December 7, 2010. Result: The......n application for facilitating the parties to inform this Court about the compliance of the order, by way of affidavit of compliance. Ed. This Case is also Reported in: 16 BLC (HCD) (2011) 256. ..Category: Admiralty Law or Maritime Law | Date: | Hits: 490
Abdul Karim Vs. Land Acquisition Officer, Comilla and others, 2006, 35 CLC (HCD)
....ity and to be of no legal effect and or such other or further order or orders passed as to this court may seem tit and proper. 2. The facts as stated in the petition are that the petitioner is the owner of the homestead land measuring 0.20 acres where he was living with his family members and als...... (HCD) (2009) 112. ......e without lawful authority. With the foresaid findings and observations, I concur with my learned brother in making the Rule absolute. Ed. This Case is also Reported in:61 DLR (HCD) (2009) 112. ..Category: Property Law | Date: | Hits: 85
Abu Taher Chowdhury and others Vs. Showkat Ali and others, 2012, 41 CLC (HCD)
....or 30 years but as per Section 75A of the State Acquisition and Tenancy Act the provision of subletting is prohibitÂed and which came into force on 22-9-1985 by Act 4 of 1956 and will go back to the owner. In support he referred the decision of the case of Abdur Rashid Khan Vs. Abdus Samad Mondal r......e. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 455. ......he order of status-quo granted earlier by this Court is hereby recalled and vacated. Send down the Lower Court's records at once. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 455. ..Category: Administrative Law | Date: | Hits: 175
Durga Prasad Singh Hajari Vs. Commissioner of Taxes, Taxes Zone 3, Chittagong, 2007, 36 CLC (HCD)
....ce to them. He also found that there could not be any existence of Mitakshara School in Bengal. 22. Appellate Tribunal though found that under Mitakshara School of Hindu law, the son becomes equal owner of the property by birth with his father unlike Dayabhaga or Muslim law but ultimately held, o......g.............Respondent Judgment December 12, 2007. Result: The Reference Applications are disposed of. Income tax of Hindu undivided family The Income Tax Ordinance, 1984 accepts and respects the Hindu personal law as it accepts a Hindu undivided family as a person when a return......lated in the negative and in favor of the assessed and against the revenue. No cost. Communicate at once. Ed. This Case is also Reported in: 61 DLR (HCD) (2009) 723; 13 MLR (HCD) (2008) 397. ..Category: Fiscal/Taxation Law | Date: | Hits: 138
Mohammad Shahidul Islam @ Mufti Shahidul Islam Vs. National Board of Revenue, 2008, 37 CLC (HCD)
....evidencing such transfer. The vehicle still stands in the name of the petitioner, registration of the vehicle was never changed to the name of anybody. A detail procedure is laid down for transfer of ownership of a vehicle. Change of any money or the power of attorney would not constitute a valid......17 Babar Road, Mohammadpur, Dhaka, Permanent address 1/D, 7/17, Mirpur, Dhaka-1612…………………Petitioner Vs. National Board of Revenue, represented by its Chairman, Segunbagicha, Dhaka and others…………………Respondents Judgment February 14, 2008. Result: The Rule ......wful authority and as such, of no legal effect and accordingly, quashed, so far the petitioner is concerned. Communicate at once. Ed. This Case is also Reported in: 13 MLR (HCD) (2008) 441. ..Category: Fiscal/Taxation Law | Date: | Hits: 246
Eximpo Trading Limited Vs. MV Banglar Kakoli, 2007, 36 CLC (HCD)
....isted of reconditioned secondhand tractors, vans chassis with cabins, reefer vans and trailers, semi trailers, a portable compressor, a sand blasting machine and certain used and new spare parts. The owner of the defendant No.1 vessel is the Bangladesh Shipping Corporation, the defendant No.3 which ......ng Corporation, 10 DLR 307; Albert David (Bangladesh) Ltd. Vs. Brestern Shipping Company Ltd, 1983 BLD 3 =34 DLR 362; Karachi Steam Navigation Vs. Ebrahim Gani, PLD 1957 (Karachi) 315; Konsumex Vs. Ananda and Co, AIR 1981 Calcutta 298; Chittagong Steamship Corporation Ltd. Vs. Central Insurance Comp......file the suit is extinguished and no longer in existence. Accordingly, the suit is dismissed. There shall be no order as to costs. Ed. This Case is also Reported in: 61 DLR (HCD) (2009) 463. ..Category: Limitation Law | Date: | Hits: 174
Abbas Ali and others Vs. Sharif Hossain Chowdhury and othÂers, 2010, 39 CLC (HCD)
....4, 12-17, 18, 29-30, 28 and 31 by filing five different written stateÂments contested the suit. Excepting the case of defendant No.18, 28 and 21, the case of other defendants are that Meher Ali, was owner of the suit property and his name was recorded in C.S. khatian, who in 1924 gave Korfa Pattan ......gree. Ed. This Case is also Reported in: 7 LG (HCD) (2010) 194. ......cated photo copies of the same. Send down the lower Court record. Communicate this order at once. AKM Abdul Hakim J.- I agree. Ed. This Case is also Reported in: 7 LG (HCD) (2010) 194. ..Category: Property Law | Date: | Hits: 80
Md. Maniruzzaman and another Vs. State, 2011, 40 CLC (HCD)
....on said words into it which are not there." 33. From the case of SN Kabir Vs. Fatema Begum, reported in 15 BLC 585, it appears that plaintiff instituted a Title Suit for declaration that he is the owner of the suit property and that the defenÂdant wife is his benamdar and is not the owner thereÂ......nce. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 477. ......e charge levelled against them and they be discharged from their respective bail bonds. Send down the lower Court records at once. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 477. ..Category: Criminal Law | Date: | Hits: 84
Manu Mia @ Malu Mia &Others Vs. State, 1989, 18 CLC (HCD)
....hich is prima facie based on some documents of title of its vendor cannot be nullified as a forged document when the vendor himself came before a Court and stated on oath that he is the real recorded owner supported by the records of right both old and new. It is only a competent civil Court which c......riminal Revision No.257 of 1987) Vs. The State......,.................................Opposite Party Judgment July 27, 1989. Result: Both the Rules are made abÂsolute Judgments and orders of conviction and sentence are set aside. The Penal Code,1860 (XLV of 1860); Sections...... the charge levelled against them. The petitioners on bail in both the Rules shall be discharged from their bail bonds imÂmediately. Ed. This Case is also Reported in:42 DLR (HCD) (1990) 191. ..Category: Procedural Law | Date: | Hits: 111
Syed Ghulam Shahriar Vs. Md. Abdur Mannan and 14 others, 2010, 39 CLC (HCD)
....ction 96 of the State Acquisition and Tenancy Act which has been further re-numbered as Pre-emption Case No.17 of 2007. 3. In the plaint the pre-emptor asserted that the pre-emptee No.2 and 4 were owner and possessor of the case land comprised in SA Plot No.408, within Mouza Kadamrasul under poli...... High Court Division (Civil Revisional Jurisdiction) Present: AFM Abdur Rahman J Syed Ghulam Shahriar……………………Pre-emptee-Appellant-Petitioner. Vs. Md. Abdur Mannan and 14 others………………………Pre-emptors-Respondents-Opposite-Parties Judgment Augu......f the State Acquisition and Tenancy Act which has been further re-numbered as Pre-emption Case No.17 of 2007. 3. In the plaint the pre-emptor asserted that the pre-emptee No.2 and 4 were owner and possessor of the case land comprised in SA Plot No.408, within Mouza Kadamrasul under police Station..Category: Property Law | Date: | Hits: 88
....06 in the Fourth Court of Joint District Judge at Dhaka for a decree declaring the SA record-of-rights and RS record-of-rights void, illegal, collusive, baseless and also that respondent No. 2 is the owner in possession of the case land.
22. By filing an affidavit-in-reply on behalf of the petiti......h Court Division
(Special Original Jurisdiction)
Present:
MA Rashid J
Md. Ashfaqul Islam J
Romisa Khanam …………………Petitioners
Vs.
Secretary, Ministry of Land, Government of People's Republic of Bangladesh and others ……………………………Respo...... be prepared on the basis of present possession duly backed by documents of title only. It must be remembered that such record-of-rights does not confer any title though it is a very good evidence of possessor’s rights. The Appellate Officer definitely failed in the is charge of his duty in not co..
Category: Property Law | Date: | Hits: 120
Aminur Rashid Chowdhury Vs. Government of Bangladesh and others, 2012, 41 CLC (AD)
....া and thereby misÂdirected itself in holding that the petiÂtioner is not an aggrieved person and that a person can get a lease for maxÂimum of land and that the petitioner being the Chairman and owner of land has no locus standi to claim lease for 60 acres of land". Security of Tk. 1000/- is......ah J Syed Mahmud Hossain J Muhammad Imman Ali J Md. Shamsul Huda J Aminur Rashid Chowdhury………………………………………….Petitioner Vs. Government of Bangladesh and others...................Respondents Judgment April 26, 2012. Result: The leave is g...... of land". Security of Tk. 1000/- is to be deposited within 1 (one) month. Preparation of paper book, as prayed for, is dispensed with. Ed. This Case is also Reported in:9 ADC (2012) 650. ..Category: Civil Law | Date: | Hits: 182
Hazi Shamul Alam Vs. Dr. Ashim Sarkar and others, 2006, 35 CLC (HCD)
....ord. Sree Dulal Chandra Dutta, the constituted Attorney of the plaintiff, deposing as P.W.1, for the plaintiff fully supported the plaint case. He has stated in his examination-in-chief that original owner Babul Sarkar by two registered deeds of gift dated 9.3.99 and 10.9.89 gifted to the plaintiff ......ate Jurisdiction) Present: Md. Arayes Uddin J SM Emdadul Hoque J Hazi Shamul Alam………………………Appellant Vs. Dr. Ashim Sarkar and others………………………Opposite Parties Judgment August 22, 2006. Result: ......onnected Civil Rule No.17(F) of 2004 is discharged and the order of stay is vacated. Send down the lower Court's records at once. Ed. This Case is also Reported in: 13 MLR (HCD) (2008) 199. ..Category: Property Law | Date: | Hits: 132
Santosh Mia Vs. State, 1989, 18 CLC (HCD)
....thereafter he went to the Thana and lodged ejahar (Ext.1). He denied the suggestion that the house in occupation of the appellant was under his supervision and that he let out that house on behalf of owner Shymal to the appellant. He, of course, admitted that there is tank on the contiguous east of ......oved A suggestion without being proved by any evidence remains in the realm of suggestion……………10 Evidence of a doctor Generally evidence of a doctor is considered to be independent and more reliable and in case of conflict preference can be given to occular evidence. But this is n......nced to 5 (five) years rigorous imprisonment. In the result, the appeal is dismissed and the Rule is made absolute in above terms. Ed. This Case is also Reported in:42 DLR (HCD) (1990) 171. ..Category: Criminal Law | Date: | Hits: 118
Mohsin Ali Chowdhury Vs. Muzammel Khan & Others, 1989, 18 CLC (HCD)
.... LimiÂtation Act, 1908 (IX of 1908); Section 26 Right of easement invades upon the right of the servient ownÂer and, therefore, all easements should be specifically pleaded so that the servient owner can meet the claim…………………(9) The right of easement by prescription is acquire...... Vs. Muzammel Khan & Others........................Opposite Parties Judgment April 30, 1989. Result: The rule is discharged. The Easements Act, 1882 (V of 1882); Section 13, 15 and 41 The LimiÂtation Act, 1908 (IX of 1908); Section 26 Right of easement invades upon the...... find no ground to interfere with the judgment and decree passed by the learned appellate Court. The rule is discharged without costs. Ed. This Case is also Reported in:42 DLR (HCD) (1990) 167. ..Category: Civil Law | Date: | Hits: 189
Nur Mohammad Vs. Serajul Islam and others, 2012, 41 CLC (HCD)
....ted Title Suit No.134 of 1992 in the Court of Assistant Judge, Faridganj, Chandpur for declaration of title and recovery of khas possession contending, inter alia, that one Ananda Charan Kuri was the owner of "Ka" schedule property measuring an area of 44 decimals of land. He proposed to sell the sa......upreme Court High Court Division (Civil Revisional Jurisdiction) Present: SM Emdadul Hoque J Nur Mohammad……………………Defendant-Appellant-Petitioners Vs. Serajul Islam and others………………………Plaintiff-Respondents Judgment February 9, 2012. Resul....... The order of stay granted earlier by this Court is hereby recalled and vacated. Send down the Lower Court's Records at once. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 491. ..Category: Property Law | Date: | Hits: 134
....out 11 decimal, fully described in the schedule to the plaint and that the record of rights prepared in respect of said land wrong.
3. Plaint case, in short, is that one Kali Narayan Choudhury was owner-in-possession of the suit land along with other land. While he was thus in possession he settl......on
(Civil Revisional Jurisdiction)
Present:
Mohammad Abdur Rashid J
Md. Monowarul Hoque………………………Petitioner
Vs.
Government of the People's Republic of Bangladesh, and others..…………………Opposite parties
Judgment
February 26, 2007.
Result:
Th......us quo granted earlier at the time of issue of the Rule on 15.12.02 is hereby recalled and vacated.
Send down the records at once.
Ed.
This Case is also Reported in: 13 MLR (HCD) (2008) 273.
..
Category: Property Law | Date: | Hits: 100
Md. Momtaz Uddin Vs. Sreemoti Bimala Rani Roy @ Bigini Roy and others, 2008, 37 CLC (HCD)
.... refers to Ext.ka C.S Khatian 48 and shows that suit lands in dag No.564 and 565 stood recorded in name of Birbol Chatri. He then refers to Ext. cha C.S of kabala dated 10.5.1968 by which above named owner Birbol sold the said suit land comprising, 22 decimals in above dag nos. 564 and 565 to one Sa......0) 1. ......dated 27.4.2002 by appellate Court in T.A. 154/97 be recalled. L.C records along with copy of the judgment be sent down accordingly. Ed. This Case is also Reported in: 18 BLT (HCD) (2010) 1. ..Category: Procedural Law | Date: | Hits: 118
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