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....missioner, Kishoregonj in L.A. Case No.32/81-82 (Annexure F) shall not be declared to have been made without any lawful authority and to be of no legal effect.
2. The father of the petitioners was owner in possession of the premises situated on a land measuring about .047 acre of C.S. Plot No.920......respondents to show cause as to why the order dated 16.12.85 passed by the respondent No.1 the Additional Commissioner, Dhaka Division, Dhaka in L.A. Miscellaneous Petition No.38 of 1985 (Annexure E) and the decision dated 24.3.86 arrived at by the respondent No.2 the Deputy Commissioner, Kishoregon......t lawful authority and that those are of no legal effect.
The Rule is accordingly made absolute but without any order as to costs.
Ed.
This Case is also Reported in: 41 DLR (HCD) (1989) 326.
..
Category: Property Law | Date: | Hits: 116
Saiful Islam alias Japannya Vs. State, 2010, 39 CLC (HCD)
....l after killing the victim Saifullah, but she could not say as to who had killed him. At this stage, she was also declared hostile and the defense declined to cross-examine her. P.W.3 Md. Mir Kashem, owner of the house of occurrence stated that nobody killed the victim Saifullah. In cross-examinatio......ya………………………Appellant Vs. The State…………………………Respondent Judgment February 26, 2012. Result: The criminal appeal is dismissed with the alteration and modification. Lawyers Involved: Z. I. Khan Panna with Md. Nurul Islam, Advocates - For the......s imprisonment, if he is not wanted in connection with any other criminal case. Send down the lower Court’s record. Mohammad Marzi-ul-Huq J.- I agree. Ed. This Case is also Reported in: ..Category: Criminal Law | Date: | Hits: 102
Golam Beg Vs. Hajera Begum, 2010, 39 CLC (HCD)
.... well as SA record have been made in the body of the plaint. The genealogy of the CS recorded to Rants has not been mentioned in the plaint. Though both the parties have claimed that Zitu Beg was the owner of the suit land, but in fact neither party stated in the pleading the mode of acquisition of ......nt Md. Azizul Haque J.- The Rule was issued on an application under section 115(1) of the Code of Civil Procedure calling upon the opposite party No.1 to show cause as to why the impugned Judgment and decree dated 10-4-2006 passed by the Joint District Judge, Section Court, Narail in title Appeal...... written statement if the plaint is amended. Send down the LCR along with copies of this Judgment to the Courts below immediately. Ed. This Case is also Reported in: 62 DLR (HCD) (2010) 452. ..Category: Property Law | Date: | Hits: 103
Motiur Rahman Vs. AKM Shamsul Alamin and another, 2010, 39 CLC (HCD)
....to the Subordinate Judge, Arbitration Court, Dhaka and renumbered as Title Suit No.106 of 1992. 4. The plaintiff made his case in the plaint stating, inter alia, that the defendant No.1 being the owner of the suit property started construction of a residential building thereon in accordance with......R (HCD) (2010) 449. ......s Appeal No.76 of 1997 is hereby maintained. Send down the LCR along with copies of this Judgment to the Courts below immediately. Ed. This Case is also Reported in: 62 DLR (HCD) (2010) 449. ..Category: Procedural Law | Date: | Hits: 170
Ibrahim Khalil and others Vs. Mujibur Rahman and others, 2012, 41 CLC (AD)
....€™ to the plaint. 5. Defendant Nos.4-9 contested the suit by filing a written statement denying the material statements made in the plaint. Their case, in short, is that Gopal Mondal was the owner of the suit land of C. S. khatian No.114 in C. S. Plot No.78 measuring an area of 1.06 acres o...... Division (Civil) Present: Surendra Kumar Sinha J Md. Abdul Wahhab Miah J Nazmun Ara Sultana J Syed Mahmud Hossain J Muhammad Imman Ali J Md. Shamsul Huda J Ibrahim Khalil and others………………........Petitioners Vs. Mujibur Rahman and others…….................servation that the findings of the Courts below not relating to specific performance of contract shall be deemed to have been expunged. Ed. This Case is also Reported in:18 BLC (AD) (2013) 23. ..Category: Civil Law | Date: | Hits: 186
Government of Bangladesh and others Vs. Mrs. Rana Awan, 2012, 41 CLC (AD)
.... the Rule absolute. 2. The facts narrated in this appeal are précised below: Alhaj Sheikh Mohammed Noor, father of the respondent herein, purchased 30.50 acres of land from the S. A. recorded owner. After purchase, he has been possessing the same. The predecessor-in-interest of the responden......Muzammel Hossain CJ Surendra Kumar Sinha J Md. Abdul Wahhab Miah J Nazmun Ara Sultana J Syed Mahmud Hossain J Muhammad Imman Ali J Md. Shamsul Huda J The Government of Bangladesh and others…………......Appellants Vs. Mrs. Rana Awan………………………………â...... the respondent herein, purchased 30.50 acres of land from the S. A. recorded owner. After purchase, he has been possessing the same. The predecessor-in-interest of the respondent being the owner and possessor of the case land mutated his name in the concerned office of the Assistant Commissioner (L..Category: Property Law | Date: | Hits: 121
Anwar Ali Vs. State, 1987, 16 CLC (HCD)
....y for unlawful gain committed theft and misapÂpropriated the attached machineries worth Tk. 10,00,000/-(Taka ten lacs) which were mortgaged to the Bangladesh Shilpa Bank. Accused Anwar Ali as the co-owner of M/S. Decent Oil Mills Ltd., Pabna thus, according to the first charge-sheet submitted by th...... Appellant. S. B. Barua, Advocate - For the State. Criminal Appeal No.325 of 1987. Judgment Fazle Hussain Mohammad Habibur Rahman J.- Accused-Appellant Md. Anwar Ali was tried in absentia and convicted u/s 16 (3) read with section 16(1)(a) of the Special Powers Act, 1974 by Mr. Afzalul H......ction. 16(3) read with section 16(I) (a) of the Special Powers Act. He may be set at liberty at once if not wanted in any other case. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 450. ..Category: Criminal Law | Date: | Hits: 108
Haji Karamat Ali Master Vs. Lehajuddin Talukder & others, 1988, 17 CLC (HCD)
.....S. Khatian No.98 of Mouza Pitambergonj, Upazila Barguna, DisÂtrict Patuakhali (now District Barguna). 3. In a nutshell the plaintiffs case is that the defendant No.2 Menhazuddin Talukder was the owner in possession of the disputed lands. He mortgaged 40 acre of land out of the same for 7 years ......of 1985. Judgment DM Ansaruddin AhÂmed J.- This Rule issued on an application under section 115 of the Code of Civil Procedure at the instance of the plaintiff is directed against the judgment and deÂcree dated 6.6.85 and 8.7.85 respectively passed by the Subordinate Judge, Barguna, in Title......d cancelled. A copy of the deÂcree be sent to the Sub-Registrar concerned for necesÂsary note in the relevant book maintained by him. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 447...Category: Property Law | Date: | Hits: 82
Abdul Latif & another Vs. Attar Ali, 1989, 18 CLC (HCD)
....d questions: I) Whether there was enjoyment of the prescriptive right for statutory period and the easeÂment claimed by the plaintiff is an casement of necessity, and II) Whether the dominant owner has, by such continuous, peaceful, quiet and uninterrupted enjoyment of the pathway, shown tha......ioners Vs. Attar Ali……………......................................Opposite Party Judgment June 24, 1989. Result: The rule is discharged. Cases Referred to- Abdul Ilafiz and others Vs. Mafizuddin and others 7 D.L.R. 577; Sadindee Dev Vs. Ambica Singh Manipuri and others......appeal below occasioning any failure of justice, no interference is called for. The rule is discharged without any order as to costs. Ed. This Case is also Reported in: 42 DLR (HD) (1990) 115...Category: Civil Law | Date: | Hits: 152
Government of Bangladesh Vs. Israt Jahan Kazal, 1995, 24 CLC (HCD)
....t binding upon the opposite party. 4. The case of the plaintiff‑opposite party, in short, is, that the suit property originally belonged to one Abdul Jalil, during the war of liberation the said owner along with his family members took shelter in the Murapara camp under Dhaka district and takin......1.......r interference by this Court. In the result, the Rule is discharged without any order as to costs. Send down the records at once. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 161...Category: Property Law | Date: | Hits: 107
MG Jilani Vs. Md. Wahed Uddin Sardar, 1989, 18 CLC (HCD)
....plaintiff never gave him any notice about the acquisition of the said property nor made any takid for the rents as alleged; that he is, however, ready to pay rents to the plaintiff, if he is declared owner of the suit holding; that Bhabani Prasad Saha was all along a resident of this country and he ...... Judgment Muhammad Ansar Ali J.-This Rule issued at the instance of the defendant petitioner in an application under section 25 of the Small Cause Courts Act is directed against the judgment and decree dated 10.9.80 passed by Mr. Hassan Amin, Subordinate Judge and SCC Judge, Pabna in Small ......ut any order as to costs. The order of stay granted by this Court is vacated. Let the records be sent down at once. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 348. ..Category: Civil Law | Date: | Hits: 140
Abdul Quayuam Khan Vs. Abu Yusuf Mridha, 1997, 26 CLC (HCD)
....s from schedule Kha, stating, inter alia, that the suit property originally belonged to Monullah Shaikh and thereafter by subsequent transfers and sales Abdul Hamid Mridha and Abdul Ban Mridha became owners and after the death of the aforesaid predecessors the defendants Nos.9, 12 and 13 inherited t......r Vs. Abu Yusuf Mridha………………Opposite Party Judgment November 20, 1997. Result: The Rule is discharged without any order as to costs. Case Referred to- Asadunnessa and others Vs. Kamruzzaman and others, 26 DLR 363. Lawyers Involved: Rafiqul Hossain on behal......e date of such information the period of payment of the amount in question should be calculated. Send down the LC records at once. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 386. ..Category: Procedural Law | Date: | Hits: 129
Sourja Bala Devi Vs. Habibullah Sheikh, 1989, 18 CLC (HCD)
....of this question on the basis of evidence on record. It was also stated in the main petition that the petitioner was all along in possession of the said land and she produced rent receipt to show her ownerÂship in respect of the land even for the period after the alleged auction sale which was chal......dus Miah, Advocate - For the Opposite Parties. Civil Revision No. 200 of 1984. Judgment MS Ali J.- This Rule under section 115 of the Code of CivÂil Procedure calls in question the judgment and order dated 31.5.84 passed by the Subordinate Judge, Lakshmipur in Misc. Appeal No.242 of 1980 d......rovision of Order 41 Rule 27 of the Code of Civil Procedure. In the result, the Rule is made absolute without any order as to costs. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 463...Category: Property Law | Date: | Hits: 106
Bangladesh Beverage Industries Ltd. Vs. Rowshan Akhter and others, 2010, 39 CLC (HCD)
.... unlawfully disturbed his possession, the entry being either actual or constructive. And in this citing decision damages were measure as the person remains as a trespasser on residential property the owner is entitled to damages for the trespass without bringing evidence that he could or would have ...... High Court Division (Civil Appellate Jurisdicion) Present: Sharifuddin Chaklader J Md. Nuruzzaman J Bangladesh Beverage Industries Ltd.…………Appellant Vs. Rowshan Akhter and others…………..Respondents Judgment May 11, 2010. Result: The appeal is allowed......ucation as education makes a man a bit responsible. Communicate this order at once. Send down the lower Court records at once. Ed. This Case is also Reported in: 62 DLR (HCD) (2010) 483. ..Category: Civil Law | Date: | Hits: 339
Dr. Md. Asadullah and another Vs. Sonali Bank Ltd. & others, 2010, 39 CLC (HCD)
..... Nowshed Jamir, learned Advocates, appeared for the auction purchaser. 8. Mr. AJ Mohammad Ali, learned Advocate with Mr. Md. Nurul Amin, learned Advocate, submits that, petitioners being original owner of the disputed property who having not been informed about institution the original case for ...... is also Reported in: 62 DLR (HCD) (2010) 474. ......erest within 30 days from the date of receipt of this order. Sent down the lower Court records. Communicate this order at once. Ed. This Case is also Reported in: 62 DLR (HCD) (2010) 474. ..Category: Civil Law | Date: | Hits: 156
Gani Mia & another Vs. U.N.O., Biswanath, District Sylhet & Others, 1988, 17 CLC (HCD)
....n of the property when the Writ petition was brought by the appellant challenging the validity of Government order declaring the disputed property as abandoned property and himself claiming it as the owner thereof. Their Lordships of the Appellate DiÂvision found that Rules 7 and 9 of the High Cour......hamsul Huq, 27 DLR (AD) 1; Safiuddin Ahmed Siddiqui Vs. The Deputy Custodian, Enemy Property Management Board, 31 DLR page 107; Md. Ayub Vs. Bangladesh represented by the Secretary, Ministry of Works and other, 39 DLR (AD) 111; AIR 1960 (J & K) 67; Banarash Das Durga Prashad Vs. Panna Lal Ram Ri......and as such it calls for interference. The imÂpugned order be set aside and the Rule be made absoÂlute without any order as to costs. Ed. This Case is also Reported in: 42 DLR (HD) (1990) 72. ..Category: Procedural Law | Date: | Hits: 193
Gura Miah and others Vs. Fazar Ali and others, 1988, 17 CLC (HCD)
....0.11 acres of land from R.S. Khatian No.578 which was subsequently recorded in M.R.R. Khatian No.577 and he was in possession of 29.31 acres after sale and gift of same land along with other recorded owners of M.R.R. Khatian No.577 in which neither the First party men nor the Second party men had an......is Case is also Reported in: 42 DLR (HD) (1990) 70.......me and the proceeding under section 145 of the Code of Criminal Procedure is hereby dropped. In the result the Rule is made absolute. Ed. This Case is also Reported in: 42 DLR (HD) (1990) 70...Category: Criminal Law | Date: | Hits: 126
Muktar Hussain Khan Vs. Suresh Chandra Dey & Others, 1989, 18 CLC (HCD)
.... that the defenÂdant side failed to prove that the Bainapatra was a forged one or without consideration or that it was anÂtedated. The trial Court further found that defendant No.1 was an exclusive owner and possessor of the disputed land measuring 46 acre by amicable partiÂtion with his brother ......86. ......defenÂdant side failed to prove that the Bainapatra was a forged one or without consideration or that it was anÂtedated. The trial Court further found that defendant No.1 was an exclusive owner and possessor of the disputed land measuring 46 acre by amicable partiÂtion with his brother and while ..Category: Civil Law | Date: | Hits: 133
....d other things of value underlying the ocean within the territorial waters, or the ocean over the continental shelf, of Bangladesh; and
(c) any property located in Bangladesh that has no rightful owner.
(2) Parliament may from time to time by law provide for the determination of the boundarie......ecial Original Jurisdiction)
Present:
Abdul Matin Khan Chowdhury J
Naimuddun AhÂmed J
Conforce Limited, a Limited Liability Company………...Petitioner
Vs.
Titas Gas Transmission and Distribution Co. Limited, a Public Limited Liability ComÂpany & another……………….R.......
In the result, the Rule is discharged without any order as to costs.
The stay order granted by this Court earlier is vacated.
Ed.
This Case is also Reported in: 42 DLR (HCD) (1993) 33.
..
Category: Others | Date: | Hits: 227
Abdul Sattar & another Vs. Osimuddin & others, 1988, 17 CLC (HCD)
....rty Nos.68-69 filed two separate written objections stating, inter alia, that the case is not maintainable and the same is also barred by limitaÂtion. They also denied the petitioner’s claim to be owners of adjoining land of the case land. 4. The learned Munsif on perusal of the petiÂtion for......ddin & others…………………………....Opposite Parties Judgment February 18, 1988. Result: The Rule is discharged. Cases Referred to- Habibur Rahman Khalifa Vs. Satis Chandra Ghosh, (1977) 29 DLR (H.C) 178; 29 DLR 1789; Hajera Bibi PetitionÂer Vs. Noor Jahan Begum &am......deposited by the petitioner Tasimuddin in this pre-emption case. In the result the Rule is discharged. I make no order as to costs. Ed. This Case is also Reported in: 42 DLR (HCD) (1993) 24. ..Category: Property Law | Date: | Hits: 100
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