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Kamaluddin (Md.) & anr. Vs. Sec., Ministry of Land, Bangladesh and ors., 2004, 33 CLC (AD)
....herwise of the intermediate or ad‑interim orders(s). In the afore state of the matter, we find no substance in this petition. Accordingly, the petition is dismissed. Ed. ......n this petition. Accordingly, the petition is dismissed. Ed. ......hers..........Respondents Judgment July 6, 2002. The Constitution of Bangladesh, 1972, Article 102 The law is now settled that unless final order is passed in a matter, person interested in the matter or persons apprehensi......pondents Judgment July 6, 2002. The Constitution of Bangladesh, 1972, Article 102 The law is now settled that unless final order is passed in a matter, person interested in the matter or persons apprehensive of being affec..Category: Constitutional Law | Date: 6 Jul, 2002 | Hits: 149
Upazila Education Officer & anr. Vs. Tara Miah Akhand & ors., 2004, 33 CLC (AD)
....uit for permanent injunction, starting, inter alia, that a primary school namely, Laxmikantapur Wazuddin Munshi, a registered private school has been running for a long time established in a piece of land under Laxmikanta mouza in plot no. 87 under police station Zazira, District Shariatpur, that Go......petition merits no consideration and it is dismissed. Ed. ......pur in Title Suit No. 40 of 2000 rejecting the application for temporary injunction under Order XXXIX rule 1, of the Code of Civil Procedure. 2. The facts, leading to this petition, are that the plaintiff‑respondent Nos. 1‑3 instituted the aforesaid suit for permanent injunc...... Procedure, 1908 (V of 1908), Order XXXIX Rule I A party involved in a case can not do any act to bring about a change in the existing state of things when a case is pending in order to obtain an order of the court showing the changed circumstance. Lawyers Invl..Category: Civil Law | Date: 3 Jul, 2002 | Hits: 206
State Vs. Harish, 2002, 31 CLC (HCD)
....about one year before the alleged occurrence the accused Harish and Harun wanted to make illicit relation with Hazera Begum by offering her biscuit, bread and banana when she went to see paddy of the land nearby her house and she disclosed the fact to her father the informant Ali Ahmed whereupon a s......i-ul Huq J State …………….........................Petitioner Vs. Harish………………………………Condemned Prisoner Judgment July 1 & 2, 2002. Cases Referred To- State vs. Ali Hossain 1998 BLD 655 = 3 BLC 93; Safar Ali and others vs. The S...... Involved: M Enayetur Rahim with Md. Jahangir Alam, Advocates—For the Condemned Prisoner. Syed Abu Kowsar Deputy Attorney-General with Fara Mahmuda, Assistant Attorney-General, Monowara Khatun, Assistant Attorney-General—For the State. Death Reference No. 28 of 1998 with Jail App...... 325 = 36 DLR 185; State vs. Md. Ali Kibria @ Shahjahan 43 DLR 512; Aftabur Rahman alias Zangi vs. State 45 DLR 593. Lawyers Involved: M Enayetur Rahim with Md. Jahangir Alam, Advocates—For the Condemned Prisoner. Syed Abu Kowsar Deputy Attorney-General with Fara Mahmuda, Assistant..Category: Women and Children | Date: 2 Jul, 2002 | Hits: 89
Ekushey Television Ltd. and others Vs. Dr. Chowdhury Mahmood Hasan & others, 2002, 31 CLC (AD)
....-in-opposition, has stated that a co-site agreement between BTV and ETV was signed as set forth in the main contract. On the basis of this contract ETV is allowed to use the tower and its adjacent land of Dhaka, Natore, Khulna and Rangpur TV Stations. It is further stated that use of Sylhet Stat...... Case is also Reported in: 54 DLR (AD) (2002) 130. ......……………….Petitioners Judgment July 2, 2002. The Constitution of Bangladesh, 1972, Articles 102 and 27 Law requires that subsequent change of terms and conditions of tender must be relayed to each and every participa......s 102 and 27 Law requires that subsequent change of terms and conditions of tender must be relayed to each and every participant so that all the participants can avail of the equal opportunity while participating in the tender…..(59) The Ekushey Television is an..Category: Constitutional Law | Date: 2 Jul, 2002 | Hits: 50
Sushil Kumar Paik & another Vs. Harendra Nath Samadder & another, 2002, 31 CLC (AD)
....avour of the plaintiff‑respondents is a forged deed or not. 2. The plaintiff‑respondents instituted the above suit for permanent injunction simpliciter. Their case is that the suit land belonged to Radhika Mohan Roy and they purchased the same for Radhika Mohan Roy by registered k......nbsp; The petition is dismissed with observation. Ed. This Case is also Reported in: 8 MLR (AD) 41. ......marily rejecting a civil revisional application filed by the plaintiff Ârespondents challenging the legality of the order dated 18‑9‑2001 passed by the learned Assistant Judge Morelgonj, at Bagerhat in Title Suit No. 29 of 1986 for permanent injunction, rejecting an application filed by the def......….Respondents Judgment June 24, 2002. Result: The petition is dismissed with observation. The Specific Relief Act, 1877 (I of 1877), Sections 54 & 56 In a suit for permanent injunction simpliciter an issue, whether the registered deed is forged or not, can not ..Category: Civil Law | Date: 24 Jun, 2002 | Hits: 164
State Vs. Chief Editor, Manabjamin and others, 2002, 31 CLC (HCD)_Part One
.... Dephtary Vs. OP Gupta, AIR 1971 SC 1132, Halmore Vs. Smith (1886) 35 Ch. D 449, Channing Arnold Vs. The King Emperor, 18 CWN PC 785, Ambard V AG for Trinidad and Tobago 1936 AC 322 = (1936) 1 All England Report 704, AIR 1978 SC 921 = (1978) 3 SCR 497, Namboodiripad (1971) 1 SCR 697=AIR 1970 SC 2015......;…………..............................Petitioner Vs. Chief Editor, Manabjamin and others ....................Opposite Parties Judgment May 20, 2002. Cases Referred to- 35 DLR (AD) 290, (1972) 1 SCC 374, AIR 1974 SC 710, (1971) 1 SCR 697, AIR 197......artick 1407 BS with the caption “UvKv w`‡q ivq cvëvBqv ‡djvi Awf‡hvM cÖKvwkZ nB‡jI my¨‡qvg‡Uv nq bvB”| 4. It may be mentioned that when we heard the learned Attorney-General at the time of issuing the aforesaid Rule we intended......Jurisdiction) Present: Syed Amirul Islam J AKM Shafiuddin J State………………..............................Petitioner Vs. Chief Editor, Manabjamin and others ....................Opposite Parties Judgment May 20, 2002. ..Category: Contempt of Court Law, Criminal Law | Date: 20 May, 2002 | Hits: 201
Hobi Sheikh and another Vs. State, 2002, 31 CLC (HCD)
....n he stated that his son-Âin‑law Hyder Ali is the full brother of accused Ashraf and accused Hobi is the brother‑in‑law of accused Ashraf. Hyder Ali and Ashraf Ali jointly purchased a piece of land from a Hindu person and lastly there was a trouble in between them. Hyder sold his land to some...... Hobi Sheikh and another…………………….Appellants Vs. State……………………………………………………..Respondent Judgment May 4, 2002. Cases Referred To- Assaddar Ali and others Vs. State, 1989 BLD 187, 1981 BLD 433, 1984 BLD 44,......irjatan Daman Bishesh Adalat, Madaripur in Nari‑o‑Shishu Nirjatan Daman Case No. 66 of 1997 sentencing the appellant to suffer imprisonment for life. 2. The prosecution case, in short, is that Fazila Khatun, daughter of Fazal Khan was married to Haider Ali Shaikh who had been serving in M......nd others Vs. State, 1989 BLD 187, 1981 BLD 433, 1984 BLD 44, 1985 BLD 137, 8 DLR 404. Lawyers involved: Shawkat Ali Khan with Fazlul Huq Khan Farid and Md. Ensanuddin Sheikh Advocates-For the Appellants. ABM Waliur Rahman Khan, Assistant AttorneyÂ-General-For the Respondent. ..Category: Women and Children | Date: 4 May, 2002 | Hits: 83
Jabed Ali Sheikh (Md) and others Vs. Md. Abdus Sobhan Sheikh and others, 2002, 31 CLC (AD)
....ntiff instituted Title Suit No. 60 of 1989 in the court of Assistant Judge, Sherpur, Bogra for declaration of his title and recovery of possession for demolition of the structure standing on the suit land measuring 1.76 acres appertaining to CS Khatian No. 113 corresponding to MRR Khatian Nos. 202, ......dismissed. Ed. This Case is also Reported in: 55 DLR (AD) (2003) 64. ......itle Execution Case No. 1 of 1998 staying all further proceedings of the case pending disposal of Other Class Suit No. 90 of 1999 of the same court. 2. The short fact leading to this petition is that the decree‑holder in the aforesaid execution case as plaintiff instituted Title Suit No. 60 of......ecree holders should be allowed to enjoy the fruits of the decree and upon filing a subsequent suit further proceeding of the execution case cannot be stayed. When the petitioners were parties in the original suit by filing a subsequent suit further proceeding of the execution case cannot be stayed...Category: Property Law | Date: 30 Apr, 2002 | Hits: 121
Abdul Kader Khan Vs. Rajshahi Co-operative Town Society Ltd, 2002, 31 CLC (HCD)
....e 1986 (Ordinance XXII of 1986) which runs as follows: “21 Making of repairs and taking of measures for the maintenance of essential services by the tenant on the failure or neglect of the landlord to do so: (1) The Controller shall, on application made to him in this behalf by any t......ion 115(1) of the Code of Civil Procedure (Act V of 1908) at the instance of the petitioner-appellant petitioner A Kader Khan and is directed against the judgment and order dated 29-9-1994 passed by the learned Subordinate Judge 1st Court Rajshahi in Miscellaneous Appeal No. 49 of 1986 aff......ing the order dated 18-1-1996 passed by the learned Rent Controller, Sadar, Rajshahi in (Rent Control) Miscellaneous Case No.245 of 1983. 2. Short facts leading to the disposal of this Rule are that the petitioner instituted the Rent Control Case No.245 of 1983 before the Controller against the......; Judgment April 29, 2002. Result: The Rule is discharged. Lawyers Involved: Md. Abdus Samad with Md. Bazlul Dabir with Shachira Hossain, Advocates- For the Petitioner ALM Asaduzzaman, Advocate- For the Opposite Party Civil Revision N..Category: Tenancy Law | Date: 29 Apr, 2002 | Hits: 3
Gouri Das and ors. Vs. ABM Hasan Kabir and others, 2003, 32 CLC (AD).
....ndra Aich and Opendra Chandra Aich who became owners of the same on the basis of a kabuliyat dated 31 Baishak, 1332 BS. Thereafter, by amicable partition between themselves Mahim Chandra Aich got the land mentioned in the schedule I of the plaint and was in exclusive possession of the property for m...... This Case is also Reported in: II ADC (2005) 449, 635. ......n must be specifically claimed in the pleadings, hostile title must be asserted, adverse possession must be adequate in continuity, evidence must be adduced to show when possession became adverse so that the starting point of limitation against the party affected can be found. Since there is no evid......449, 635. ..Category: Tenancy Law | Date: 9 Apr, 2002 | Hits: 148
Ali Ahmed and others Vs. Government of Bangladesh and others, 2002, 31 CLC (AD)
....espondents Judgment April 8, 2002. Result: The leave petition is dismissed. The Emergency Requisition of Property Act, 1948 (xiii of 1948), Section 8B Since the possession of the land had already been delivered to the requiring body on payment of compensation the requisitioned l......s dismissed. Ed. This Case is also Reported in: 55 DLR (AD) (2003) 92. ......the judgment and order dated 6‑3Â2000 passed by a Division Bench of the High Court Division in Writ Petition No. 1383 of 1996 discharging the Rule. 2. The facts leading to the application are that the suit land was requisitioned in LA Case No. 71 of 1960‑61 under the provision of (Emergency......ent of compensation the requisitioned land is not liable to be released even if it remains unutilised by the requiring body………...(4) Lawyers Involved: Md. Nawab Ali, Advocate‑on‑Record‑For the Petitioners. Not represented‑the Respondents. Civil Petition for Leave to Ap..Category: Property Law | Date: 8 Apr, 2002 | Hits: 84
Aroti Rani Paul Vs. Sudarshan Kumar Paul and others, 2002, 31 CLC (AD)
....arned Subordinate Judge Dinajpur in the Other Suit No. 206 of 1997 decreeing the same. 2. The appellant as plaintiff instituted the aforesaid suit for declaration of her title in the suit land and also for further declaration that the order passed by defendant No. 2, the Additional Deput......s Case is also Reported in: 56 DLR (AD) 73. ...... Other Suit No. 206 of 1997 decreeing the same. 2. The appellant as plaintiff instituted the aforesaid suit for declaration of her title in the suit land and also for further declaration that the order passed by defendant No. 2, the Additional Deputy Commissioner (Re‑venue), Dinajpur o......€¦(14) Case Referred to- Laxmi Kanta Roy vs Upazila Nirbahi Officer and another, 46 DLR 136. Lawyers Involved: Abdul Wadud Bhuiyan, Senior Advocate, instructed by AKM Shahidul Huq, Advocate‑on‑Record ‑For the Appellant. ..Category: Family Law | Date: 1 Apr, 2002 | Hits: 181
Chowdhury Mahmood Hasan and others Vs. Bangladesh and others, 2002, 31 CLC (HCD)
....ned that ETV did not require any such licence. Respondent No. 5 is DG of the Bangladesh TV. In his affidavit-in-opposition it is stated that ETV has been allowed to use towers of BTV and its adjacent land at Dhaka, Natore, Khulna and Rangpur TV. Stations on the basis of Co-site agreement but ETV is ......(HCD) (2002) 537. ....... In this Writ petition two of the petitioners (Nos.1 and 3) are professors of Dhaka University and the petitioner No.2 is President of Bangladesh Federal Union of Journalists. The petitioners claim that the matter raised in the petition involve breaches of constitutional obligations and statutory d......lip;…….............Respondents Judgment March 27, 2002. Result: The Rule is made absolute. Cases referred to- Dr. Mohiuddin Faroque 49DLR (AD) 1; Hyundai Corporation Vs. Sumikin Bussan Corporation and others 2002 BLD (AD) 16 = 54 DLR (AD) 88; Mohammad Hos..Category: Information Technology Law | Date: 27 Mar, 2002 | Hits: 7
Mahmood Alam (Md.) and another Vs. Moklesur Rahman Bhuiya, 2002, 31 CLC (HCD)
....ojibar Rahman, predecessor-in-interest of opposite party Nos. 4 to 13 as plaintiff instituted the suit for confirmation of their possession upon declaration of title by adverse possession in the suit land measuring about 0.092 acre of land comprised of holding No. 269/265 of No. 9 Hatkhola Ward of t......ds at once. Ed. This Case is also Reported in: 54 DLR (HCD) (2002) 523. ......1; Hazera Begum Vs. Rousahan Ara, 39 DLR (AD) 22; Achal Reddy Vs. Ramakrishna Reddiar, AIR 1990 (SC)553=(1990) 4 SCC 706; Abdul Jalil Miah vs Niropama Ritchil, 49 DLR (AD) 61=1997 BLD (AD) 63; Salma Khatun vs Zilla Parishad 51 DLR (AD) 257; Mahaprabhu Ram vs Gopal Ram 42 DLR (AD) 154; Jogeridra Nath......hellip;…………Opposite Party Judgment March 27, 2002 Result: The Rule is discharged. Adverse Possession Possession commencing lawfully can transform into an adverse possession and create title by adverse possession. Cases Referred to- ..Category: Property Law | Date: 27 Mar, 2002 | Hits: 4
Abul Hussain and others Vs. Afezuddin Mondal and others, 2003, 32 CLC (AD).
.... the appellants. Respondents 1‑73 instituted a suit, Title Suit No. 834 of 1973, against the appellants and others for declaration of title and confirmation of possession in respect of the suit land. The suit was eventually renumbered as Title Suit No.30 of 1986. Their case was that the suit l...... (Civil) Present: Mainur Reza Chowdhury J Syed JR Mudassir Husain J Abul Hussain and others............ against the appellants and others for declaration of title and confirmation of possession in respect of the suit land. The suit was eventually renumbered as Title Suit No.30 of 1986. Their case was that the suit land is a part of the Beel called “Doha Beel' plaintiffs claim that Jabbar Biswas...... (i) Surrender of an under tenancy right need not be in writing but it may be inferred from the act and conduct of parties as well. (ii) The High Court Division was in error in deciding and reversing the finding of fact in respect of possession and Istafa (surrender) wh..Category: Property Law | Date: 18 Mar, 2002 | Hits: 80
Alfazuddin Mollah and ors. Vs. Md. Almas Chokder and anr., 2004, 33 CLC (AD)
....miscellaneous case under section 96 of the State Acquisition and Tenancy Act, 1950 against the pre‑emptee respondents stating that the vendor, Kazi Abdur Rashid, respondent No. 2, had sold some land to Mohammad Almas Chowkidar, respondent No. 1 on 11‑8‑1991 by an exchange deed on t......209;emption proceeding in accordance with law. Ed. ......essor of the present appellants as co sharers, filed the aforesaid miscellaneous case under section 96 of the State Acquisition and Tenancy Act, 1950 against the pre‑emptee respondents stating that the vendor, Kazi Abdur Rashid, respondent No. 2, had sold some land to Mohammad Almas Chowkidar,......50 (XXVIII of 1951), Section 96(10)(b) The Code of Civil Procedure, 1908 (V of 1908), Order VII rule 11 When the nature of transaction whether it is an out and out sale or a deed of exchange becomes doubtful or confusing on the specific allegation made by the pre-empt..Category: Property Law | Date: 16 Mar, 2002 | Hits: 95
Raj Unnayan Kartripakshya (RAJUK), Dhk. & ors. Vs. Water Front Apt. Ltd. and ors., 2004, 33 CLC (AD)
....1998 passed by a Division Bench of the High Court Division in Writ Petition No. 2280 of 1998 making the Rule absolute. 2. The facts, in short, are that the respondents purchased the case land in December, 1974 by three kabalas and had their names duty recorded in the records of right. T...... Therefore, the leave petition is dismissed. Ed. ......nvestment of huge amount of money in constructing the building by the party a vested right accrued in its favour. RAJUK cannot cancel such sanction in an arbitrary manner without giving notice to that party on the grounds as claimed by it. &n...... Md Ruhul Amin J KM Hasan J AS Ahammed J Rajdhani Unnayan Kartripakshya (RAJUK), Dhaka and others ...........Petitioners Vs. Water Front Apartment Ltd and ors............. Respondents Judgment &n..Category: Property Law | Date: 9 Mar, 2002 | Hits: 1202
Abu Taher Bhuiyan Vs. Lal Mohon Mondal and others, 2002, 31 CLC (HCD)
....o prosecute the suit on the death of the sole plaintiff. 2. Plaintiff Lal Mohon Mondal instituted the suit for cancellation of the deed in question. His case is that he was the owner of the suit land and the record of right was also prepared in his name. He was a simple man and had no idea abou......hon Mondal and others ………. Opposite Parties Judgment March 6, 2002. Result: The Rule is discharged. Lawyers Involved: Md. Fazlul Karim, Advocate—For the Petitioner. Ibrahim Khalil Miah, Advocate—For Opposite Parties No. 1-5. ......g leave to the opposite parties to prosecute the suit on the death of the sole plaintiff. 2. Plaintiff Lal Mohon Mondal instituted the suit for cancellation of the deed in question. His case is that he was the owner of the suit land and the record of right was also prepared in his name. He was ......ondal and others ………. Opposite Parties Judgment March 6, 2002. Result: The Rule is discharged. Lawyers Involved: Md. Fazlul Karim, Advocate—For the Petitioner. Ibrahim Khalil Miah, Advocate—For Opposite Parties No. 1-5. Civil..Category: Property Law | Date: 6 Mar, 2002 | Hits: 56
Shah Newaz Ebne Mostaque & ors. Vs. Shah Alam and others, 2003, 32 CLC (AD).
.... 2. The facts are that the plaintiff respondents brought Title Suit No. 173 of 1961 in the Court of the then Munsif, Cox's Bazar against the petitioners for declaration of his title to the suit land and for khas possession after demolition of the structures standing thereon. The trial Court de......sp; Judgment March 4, 2002. The Limitation Act, 1908 (IX of 1908), Article 181 As the execution case was pending, it was not hit by Article 181 of The Limitation Act and it is the duty of the cour......f the execution case as barred by limitation and directing restoration of possession to the judgment debtors‑petitioners in the suit property. 2. The facts are that the plaintiff respondents brought Title Suit No. 173 of 1961 in the Court of the then Munsi......g execution case………………(4) Lawyers Involved: Md. Nawab Ali, Advocate‑on‑Record‑For the Petitioners Not represented‑The Respondents..Category: Procedural Law | Date: 4 Mar, 2002 | Hits: 99
....um as owner of a portion of plot No. 5/11, Block-A, Lalmatia, 5. Mohammadpur, Dhaka along with two-storied building, standing thereon.
2. The case of the petitioners, in short, is that a plot of land being Plot No. 5/11, Block-A, Lalmatia, Dhaka was originally allotted to one Syed Abi Md. Azfar......Ministry of Housing and Public Works and others….…………….Respondents
Judgment
February 12, 2002.
Result:
The Rule is made absolute.
Case Referred To-
Jabed Ali vs. Abu Sheikh, being dead his heirs Md. Naimuddin and others 1983 B....... Nurjahan Begum as owner of a portion of plot No. 5/11, Block-A, Lalmatia, 5. Mohammadpur, Dhaka along with two-storied building, standing thereon.
2. The case of the petitioners, in short, is that a plot of land being Plot No. 5/11, Block-A, Lalmatia, Dhaka was originally allotted to one Syed......isdiction)
Present:
Md. Abdul Matin J
Md. Marzi-ul Huq J
KZ Alam and others………….Petitioners
Vs.
Secretary, Ministry of Housing and Public Works and others….…………….Respondents
Judgment
Feb..
Category: Property Law | Date: 12 Feb, 2002 | Hits: 28
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