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Motiur Rahman and others Vs. Siddika Begum and Others, 2014, 43 CLC (HCD)
....he predecessor of defendant Nos. 29-33 namely Helal Uddin and Tobarok Hossain and they got the same in equal shares by registered sale deed dated 28-4-1955 and the defendant No. 1 by an amicable settlement with the other original owners got 0.0733 acres of land at the southern side of the plot ......ed. Code of Civil Procedure (v of 1908); Order XXXIX, rules 1 & 2 read with Section 151, Exclusive Possession— The defendant No. 1 has exclusive possession over the suit land and prima facie shows that she has mutated her name separately and paying regular rent to the g..Category: Procedural Law | Date: 16 Jun, 2014 | Hits: 0
Mohoshin Miah (Md.) Vs. State and another, 2014, 43 CLC (HCD)
....d order along with the lower Court's record be sent to the concerned Court for information and necessary action. Ed. This Case is also Reported in: 67 DLR (HCD) (2015) 114 ......hipur village of Fatulla Police Station had approached the accused two months ago for mutation of his name pursuant to a deed of exchange being No. 6236 dated 24-12-2003 by which he got 0.03 acres of land of RS plot No. 3116 corresponding to SA plot No. 1539 of khatian No. 3759 of mouza Kashipur but..Category: Anti-Corruption Laws, Criminal Law | Date: 10 Jun, 2014 | Hits: 8
Shahin Reza (Md.) Vs. Nasiruddin Howlader and others, 2014, 43 CLC (AD)
....d the suit land along with other lands to the predecessor-in-interest of these contesting defendants on 1st Baishakh, 1355 BS at a rent of Taka 315 and delivered possession. That in pursuance of that settlement the landlord executed an amalnama on 1st Ashar, 1355 BS and also granted dakhilas in favo...... Limitation Act (IX of 1908); Article 120 Suit Field for Declaration of Title— Plaintiff is not bound to institute a suit for declaration that the records of right of the suit land are wrong. When an invasion on the rights of a person is made on the basis of the wrong records..Category: Limitation Law, Property Law | Date: 5 Jun, 2014 | Hits: 11
Shafiqul Islam Vs. Bangladesh Bank and others, 2014, 43 CLC (HCD)
....stay granted earlier by this Court at the time of issuance of the said rules, thus, stand recalled and vacated Communicate this. Ed. This Case is also Reported in: 67 DLR (HCD) (2015) 270 ......eme Court of Pakistan, even a property which was not liable to be requisitioned under the un-amended provision and on the basis of such exemption an individual constructed a wall and structure on the land, the said property was subsequently requisitioned by the government after withdrawal of su..Category: Banking Law, Company Law | Date: 1 Jun, 2014 | Hits: 11
Category: Arbitration Law, Civil Law, Procedural Law | Date: 28 May, 2014 | Hits: 7
Asad Ali (Md.) and another Vs. Golam Sarwar and others, 2014, 43 CLC (AD)
....ourt below are set-aside and the case for pre-emption be dismissed. Ed. This Case is also Reported in: 66 DLR (AD) (2014) 315. ......is allowed. Section 24 of the Non-Agricultural Tenancy Act does not say about the right of pre-emption of co-sharers of a holding but it says about the right of pre-emption of the sharers of the land. "Land" means land. 'Land' does not mean 'holding' or 'tenancy..Category: Tenancy Law | Date: 28 May, 2014 | Hits: 22
Amena Meher Vs. Md. Abdul Kader and others, 2014, 43 CLC (HCD)
..... The office is directed to communicate this order to the Joint District Judge, 2nd Court, Pabna for compliance. Ed. This Case is also Reported in: 67 DLR (HCD) (2015) 61 ......Civil Rule No. 296 (fin) of 2013. Judgment Nozrul Islam Chowdhury J.— In a pre-emption proceeding under Mohammadan Law, the appellant is the pre-emptee who purchased the disputed land from one Jamila Khatun by a registered kabala dated 23-8-2011 bearing registration No.4146 and ..Category: Civil Law, Procedural Law | Date: 19 May, 2014 | Hits: 3
State and another Vs. Abdul Kader @ Mobile Kader and others, 2014, 43 CLC (AD)
.... under sections 302/120B of the Penal Code and he be released from Jail at once, if not wanted, in connection with any other case. Ed. This Case is also Reported in: 67 DLR (AD) (2015) 6. ......¦²à¦¾à¦¶à§Ÿ) was created due to the erosion. The Bazar was fully established in 1997. Deceased-Moulana Abdul Quader entered into a contract with Sohrab Mia and Awal for purchasing about 2.00 acres of land adjacent to the Bazar. Accused-Mobile Quader told him (P.W. 3) to form a new Bazar committee by..Category: Criminal Law | Date: 14 May, 2014 | Hits: 16
Asad Ali (Md.) and another Vs. Golam Sarwar and others, 2014, 43 CLC (AD)
....sion and also that of the appellate Court below are set-aside and the case for pre-emption be dismissed. Ed. This Case is also Reported in: 66 DLR (AD) (2014) 315. ...... Section 24 Section 24 of the Non-Agricultural Tenancy Act does not say about the right of pre-emption of co-sharers of a holding but it says about the right of pre-emption of the sharers of the land. "Land" means land. 'Land' does not mean 'holding' or 'tenancy..Category: Civil Law, Property Law | Date: 14 May, 2014 | Hits: 7
Nurul Hoq Bhuiyan Vs. Momtazul Islam and others, 2014, 43 CLC (HCD)
.... separate saham for 4.42 acres of land. In the circumstances both these two Civil Petition for Leave to Appeal be dismissed. Ed. This Case is also Reported in: 67 DLR (AD) (2015) 51. ......lows: The present petitioner along with three others instituted Title Suit No.705 of 2005 in the 3rd Court of Joint District Judge. Comilla against the opposite parties for partition of the suit land described in schedule to the plaint. The case of the plaintiff, in short, was that the suit lan..Category: Property Law | Date: 12 May, 2014 | Hits: 6
State Vs. Faisal Morshed Khan and another, 2014, 43 CLC (AD)
....ccordingly, both the criminal petitions for leave to appeal are dismissed with the observation made in the body of the judgment. Ed. This Case is also Reported in: 66 DLR (AD) (2014) 236. ......t there was no concealment on the part of the respondent. The High Court Division also held that the finding of the trial Court that the respondent concealed investment in respect of the plot of land in Cox's Bazar and he acquired Taka 96, 10,527.43 by illegal means and beyond known source ..Category: Anti-Corruption Laws | Date: 5 May, 2014 | Hits: 8
Md. Abul Bashar Vs. Government of Bangladesh, 2014, 43 CLC (HCD)
....l effect. The order of stay granted earlier is hereby vacated. There would, however, be no order as to cost. Md. Badruzzaman J. - I agree Ed. This Case is also Reported in: ......es is usually frequent. Even in advanced countries of the West instances of acting beyond authority and abuse of power is scarcely any less which is best captured by the percipient remark made by Maitland long ago: “If you take up a modern volume of the Queen’s Bench Division, you w..Category: Administrative Law, Constitutional Law | Date: 4 May, 2014 | Hits: 5
Ayub Hossain Khan (Md.) Vs. Bangladesh and others, 2014, 43 CLC (AD)
.... permanent settlement of vested properties, the leasehold tenure on the schedule land, a vested property, would be renewed every year until such time the government takes a final decision on the settlement of vested properties. 8. Since no decision has been taken on the settlement of veste......a memo dated 6th August 1991, the Ministry of Land intimated the petitioner that as there existed no provision for permanent settlement of vested properties, the leasehold tenure on the schedule land, a vested property, would be renewed every year until such time the government takes a final de..Category: Civil Law, Property Law | Date: 4 May, 2014 | Hits: 20
Khan Mohammad Ameer Vs. Atiqur Rahman and others, 2014, 43 CLC (HCD)
....t is directed to proceed with the suit as per law. Send down the lower Court's records at once. Communicate the order. Ed. This Case is also Reported in: 67 DLR (HCD) (2015) 2008 ...... as plaintiff instituted Title Suit No. 838 of 2012 in the la Court of Joint District Judge, Dhaka impleading the respondents as defendants for specific performance of contract in respect of the suit land which is more particularly described in the schedule to the plaint. 3. The case of th..Category: Civil Law, Procedural Law | Date: 30 Apr, 2014 | Hits: 6
Parul Nath and others Vs. State, 2014, 43 CLC (AD)
....nd the other articles which they mortgaged with late Ram Krishna Nath at the time of taking loan may also opt to get return of their gold ornaments and the other articles through amicable/mutual settlement with the present petitioners. (e) Any other claimant who mortgaged his gold orn......2 or under any law of the Land. If any Bangladeshi National is found in possession with Bangladesh currency notes of any amount, he cannot be taken to have committed any offence, under the law of the land and the proceedings at the stage of FIR can be quashed to secure ends of justice." (T..Category: Criminal Law, Property Law | Date: 27 Apr, 2014 | Hits: 8
Chittagong Steel Mills Ltd and another Vs. MEC, Dhaka & others, 2014, 43 CLC (AD)
.... award till realization which is absolutely not sustainable in law and hence the impugned judgment is liable to be set-aside." 11. It is true that the petition dated 11-12-1994 seeking settlement of dispute under clause 17 of the agreement was placed before the Arbitrator and claim of......e do not find any substance in this appeal. Accordingly, this appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: 66 DLR (AD) (2014)246. ..Category: Civil Law | Date: 23 Apr, 2014 | Hits: 10
Nur Mohammad and others Vs. Mosammat Kamla Khatun and others, 2014, 43 CLC (AD)
....ve their title to and possession in the suit land and that defendant No.35 could not prove that he took settlement of the suit land in 1351 BS and that the papers produced in support of the settlement were created recently for the purpose of the suit. 16. The question of title of the ......appeal, in a nutshell, are: 4. The petitioner as the plaintiff instituted Other Suit No. 75 of 1987 in the Court of Assistant Judge, Roumari, for declaration of title in respect of 1.18 acres of land out of a portion of land appertaining to plot Nos. 4441, 4442, 4443, 4445, 4472. His case,..Category: Civil Law, Procedural Law | Date: 17 Apr, 2014 | Hits: 2
Borun Khatun and others Vs. Md. Hebaj Uddin Pramanik and another, 2014, 43 DLR (HCD)
....on of the suit land till disposal of the appeal. Send down the lower Court records. Communicate this judgment at once. Ed. This Case is also Reported in: 67 DLR (HCD) (2015) 58. ......s. Although documents produced by the plaintiffs are written by pen or ball point which at the relevant time were not used in writing goes on to show some sort of forgery has been committed. The land ought to be ascertained by appointing an Advocate Commissioner to find whether on the suit land..Category: Property Law | Date: 6 Apr, 2014 | Hits: 9
Bibi Joynab Begum Chowdhury and others Vs. Osi Mia alias Osi Mia Sawdagar, 2014, 43 CLC (AD)
....nd fact do not call for interference. Accordingly, this civil petition for leave to appeal is dismissed. Ed. This Case is also Reported in: 66 DLR (AD) (2014) 190. ......espondents Judgment March 9, 2014. Result: The civil petition for leave to appeal is dismissed. To prove the possession Plaintiff did not have any possession in schedule land to the plaint. Unless the plaintiff could prove his possession in the schedule land he could no..Category: Property Law | Date: 19 Mar, 2014 | Hits: 15
Aftab Uddin (Md.) Vs. Chairman, Court of Settlement and another, 2014, 43 CLC (AD)
....manded to the Court of Settlement to deal with it in the light of our discussion above. There will be no order as to costs. Ed. This Case is also Reported in: 66 DLR (AD) (2014) 253. ......manded to the Court of Settlement to deal with it in the light of our discussion above. There will be no order as to costs. Ed. This Case is also Reported in: 66 DLR (AD) (2014) 253. ..Category: Abandoned Properties Law | Date: 19 Feb, 2014 | Hits: 21