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

....DMDP, does not deal with housing projects generally and as such it does not require any authorization from any authority for carrying on housing project. It is also contended that if any project gets registration that project is an ongoing project within the area of the Master Plan and that its land......n. The submission that the project has been earmarked as housing and ancillary use and, therefore, no such permission is necessary under section 75 has no basis at all in view of the fact that in the deeds there are clear recitals that the lands in question are low lying areas and identified in the ..

Category: Environmental Law | Date: | Hits: 434

Bangladesh Krishi Bank Vs. Government of the People's Republic of Bangladesh and Others, 2007, 36 CLC (HCD)

....is sent back to the Court below for writing out a proper order in accordance with law. Send down the lower Court's record at once. Ed. This Case is also Reported in: 15 MLR (HCD) (2010) 242. ......is sent back to the Court below for writing out a proper order in accordance with law. Send down the lower Court's record at once. Ed. This Case is also Reported in: 15 MLR (HCD) (2010) 242. ..

Category: Civil Law | Date: | Hits: 74

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

....e impugned judgment dated12.04.1990 (decree signed on 18.04.1990) is hereby affirmed. Send down the lower Court's records at once. Ed. This Case is also Reported in: 13 MLR (HCD) (2008) 334. ......eversioners and from whom the plaintiffs purchased the suit land by 2 registered Kabalas dated 20.06.1981 and got into possession. The defendant Nos. 7-10 in collusion with each other created 2 (two) deeds of patta dated 22.8.47 & 17.11.51 in respect of the suit land and on the basis of the same..

Category: Property Law | Date: | Hits: 57

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

....h the observations made in the body of the judgment. Send down the Lower Court Records at once along with a copy of the Judgment. Ed. This Case is also Reported in: 27 BLD (HCD) (2007) 41. ......iction) Present: Zinat Ara J Chairman, Rajdhani Unnayan Kartipakha, Rajuk, Bhaban, Motijheel, Dhaka……………………………………………..Petitioner Vs. Ramjan Ali being deed his hears: 1(a) Md. Afjal Hossain and others……………………………………………..

Category: Property Law | Date: | Hits: 56

Sultana Jute Mills Ltd. and another Vs. Bangladesh Bank and others, 2007, 36 CLC (HCD)

....is discharged without any order as to cost. The order of stay granted at the time of issuance of Rule on 3.12.2000 is hereby vacated. Ed. This Case is also Reported in: 14 MLR (HCD) (2009) 434. ......assed an order dated 15.3.1997 rejecting the application for compromise decree holding that respondent No, 3 had not agreed to the compromise and that there was no signature of respondent No.2 on the deed of compromise. 4. The petitioners then filed a writ petition being writ petition No.1862 of ..

Category: Civil Law | Date: | Hits: 112

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

....21 is admittedly a registered document. The sole contesting defendant No. 2, (D.W.2) claimed his title by virtue of said kabuliyat. During the trial no dispute was raised in the trial Court as to its registration. 21. On perusal of Ext. 1-G series, it transpires that in those old documents the oc......xhibited as Ext.1 and the settlement was acted upon vide exhibit Nos.1A-1G that is the chronological registered bargakabuliyats which were given by bargadars in favour of Abdul Kader Mia and in those deeds including Ext.1 the occupation of Abdul Kader has been consistently stated as service holder. ..

Category: Property Law | Date: | Hits: 146

Md. Sazzad Hossain Vs. M/S. Kaderia Publication and another, 2006, 35 CLC (HCD)

....f this court to the learned Joint District Judge, Additional Artha Rin Adalat No.2, Dhaka, for his information and necessary action. Ed. This Case is also Reported in: 27 BLD (HCD) (2007) 170. ......d a daughter Amena Khatoon and their names have been recorded in S.A Khatian. It is further stated that S.A recorded tenants sold the suit property measuring 4½ kathas on 27.03.1990 under registered deed No.3673 to the plaintiff and since then the plaintiff has been owning and possessing the same b..

Category: Property Law | Date: | Hits: 84

Md. Fazlul Haque and others Vs. Government of Bangladesh and others, 2012, 41 CLC (HCD)

....directed not to evict the petitioners from the plot in question until a new plot is allotted and handed over in their favour. Mohammad Bazlur Rahman J. - I agree. This Case is also Reported in: ......otment of rehabilitation plot No.7, Road No.2, Block-Kha, Section-6, Mirpur by a letter as contained in Memo No.326/DES dated 12.4.1979. Possession of the plot was also handed over to him and a lease deed for 99 years was executed and registered in his (Sader Uddin’s) favour. Respondent No.7 Kofil..

Category: Property Law | Date: | Hits: 82

Md. Rakibul Islam and others Vs. Anwar Hossain and another, 2009, 38 CLC (HCD)

....r the judgment of the case of the husband of defendant No.2 is pronounced. It may be mentioned here that at the time of handing over possession of the land of Iman Hossain Gazi to the plaintiff after registration of the kabala, in 1989 the possession of the suit land was handed over to the plaintiff......as been discharged so the connecting rule in C. Rule No.551(R) of 1999 is also discharged. Send down the L.C. Records immediately. Ed. This Case is also Reported in: 30 BLD (HCD) (2010) 395. ..

Category: Property Law | Date: | Hits: 103

Rakibuddin Talukder Vs. Government of Bangla­desh and others, 2009, 38 CLC (HCD)

..... Office is directed to send down the records of this case at once with a copy of Judgment for infor­mation and necessary action. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 430. ...... refers the case of Amirunnessa Vs. Abdul Mannan Howlader reported in 17 BLD 251 = 1 BLC 183 wherein it has been held: - "Acquisition of title on imperfect docu­ment The plaintiff basic title deed is an unregis­tered deed of gift. But since the plaintiff's have been successful in proving th..

Category: Property Law | Date: | Hits: 76

Rajdhani Unnayan Kartipakha (RAJUK) Vs. Eunus Ali & others, 2012, 41 CLC (AD)

....ined in Title Suit No.464 of 1985 was a nullity and consequently, the impugned judgment is set-aside without any order as to costs. Ed. This Case is also Reported in: 18 BLC (AD) (2013) 1. ......er that, Niamat Ali died leaving behind a son, namely, Miah Kha and two daughters, namely, Rakoat Bibi and Ojir Bibi. Miah Kha sold 70 decimals of land of plot No.77 to plaintiff No.1 by a registered deed of sale dated 14-10-1958. Miah Kha also sold 35 decimals of land from the same plot to plaintif..

Category: Property Law | Date: | Hits: 104

Rashida Mahabub Vs. IFIC Bank & others, 2007, 36 CLC (HCD)

....g thereof is beyond the decree and the Adalat, in fact, amended the decree illegally. (iv) The executing Adalat had no juris­diction to amend the application for execution of the decree after its registration in view of the provision of Order XXI, rule 13 of the Code. So, the impugned order date......cree was signed on 22-10-2000 (vide Annexure-E to the writ petition) and the final decree was signed on 27-6-2002 (vide Annexure-F to the Writ-petition). It is found from the photostat copy of the deed of purchase of the flats by the petitioner, Rashida Mahbub, wife of Judgment-debtor, Mahbub Hos..

Category: Civil Law | Date: | Hits: 136

Haji Mohammad Salim Ullah Vs. State and another, 2009, 38 CLC (HCD)

....nal Procedure. The Rule thus fails. In the result, the rule is discharged. The order of stay granted earlier shall stands vacated. Ed. This Case is also Reported in: 30 BLD (HCD) (2010) 416. ...... a C.R. Case against accused petitioner Haji Mohammad Salim Ullah under section 138 of the Negotiable Instrument Act, stating the facts, inter alia, that he and the accused entered into a partnership deed for business on 24.02.2000 and subsequently executed an agreement on 18.05.2000; that in the co..

Category: Criminal Law | Date: | Hits: 107

Pran Gopal Saha and others Vs. Rafique Uddin Ahmed being dead his heirs 1(Ka) Fatema Begum and others, 2010, 39 CLC (HCD)

....d by limitation as the suit has been filed beyond the period of 3 years which expired on 21.03.1977; that the plaintiff could not prove his offer and refusal by the defendants regarding execution and registration of the sale deed; that the evidence of P.Ws. 1, 2 and 3 is full of inconsistencies rega......earned trial Court, it appears, the learned trial Court on consideration of the evidence and materials on record found that P.Ws. 1,2 and 3 corroborated each other regarding execution of the disputed deed by defendant No.1 and 2; that consideration money for the disputed agreement was paid by the pl..

Category: Civil Law | Date: | Hits: 103

Sharmin Akhter Vs. Major (Rtd.) Mahbub Akbar Bhuyian, 2012, 41 CLC (HCD)

....said appeal was transferred to the 5th Court of Additional District Judge, Dhaka for disposal. 3. At one stage the opposite party decided to fly Australia on an employment-visa. For the purpose of registration of the name of his children in the record of High Commission, he filed an application u......e the operative portion of the impugned order will remain unchanged and will take effect from the next date of hearing of the appeal, if it is still pending. Ed. This Case is also Reported in: ..

Category: Family Law | Date: | Hits: 117

Nirmal Chandra Halder Vs. Hasina Begum and others, 2012, 41 CLC (HCD)

....rt considers that further evidence is required to be adduced, it is at liberty to give the parties such opportunity. Send down the lower Court’s records. Ed. This Case is also Reported in: ...... Jogesh Chandra Halder, Umesh Chandra Halder, Satish Chandra Halder and Sharat Chandra Halder, the predecessors-in-interest to the plaintiffs and proforma defendants 16-20 by way of a registered sale deed No.5 dated 3.1.1928. After so transfer, they were possessing the land by paying rents to the Go..

Category: Civil Law | Date: | Hits: 73

Abdul Matin Vs. Government of the People's Republic of Bangladesh, 2007, 36 CLC (HCD)

....act and circumstances of the case, I direct the parties to bear their respective costs. Lower Courts Records are sent down at once. Ed. This Case is also Reported in: 13 BLC (HCD) (2008) 30. ......34/1507, being area .01 had been suit property. c. Baluster of claim put forth by plaintiff was that he took settlement of suit tank plot No.596 from Maharaja of Tripura by way of registered Patta deed dated 9-4-1951 and got possession thereof. d. Suit was contested by First-Defen­dant-Govern..

Category: Property Law | Date: | Hits: 69

M. Anwar Hossain and others Vs. Government of Bangladesh and others, 2011, 40 CLC (HCD)

....া কোনো বাংলাদেশি মানুষের পক্ষেই সম্ভব না।” Sheikh Md. Zakir Hossain J. - I agree. Ed. This Case is also Reported in: ......t to witness the historic event due to the injury he sustained during the war, Flight Sergeant Abu Yusuf Khan, Bir Bikram, the spouse of the petitioner No. 3,represented Col. Taher on the occasion. Indeed, it was Ft. Sergeant Khan, who, along with the Indian Army went to the Eastern Command Head Qua..

Category: Criminal Law | Date: | Hits: 154

Amarbati Natya Mandir Vs. State, 2009, 38 CLC (HCD)

....n for leave to proceed with the suit after amendment of the plaint is allowed. The order of abatement of the suit is also set aside. Ed. This Case is also Reported in: 61 DLR (HCD) (2009) 217. ...... Piyush Kami Ghosh without looking at the description of the in the case title and the relief claimed in the suit. According to the plaintiff, the proprietary right in the suit lands vests in it by a deed of endowment which is a temple and it has the right to institute the suit to protect its proper..

Category: Civil Law | Date: | Hits: 104

Md. Abdul Jabbar Sarker Vs. State and another, 2011, 40 CLC (HCD)

....er co-sharers named Akbar Ali and Abdul Rahman signed a petition document and presented it before the accused (opposite party No.2) Md. Azizul Baki Miah being the Sub-Register, Durgapur, Rajshahi for registration. The accused took the document and asked the com­plainant and the co-sharers to go out...... had done some mischief the com­plainant alleged that the accused person thus com­mitted offences under section 161 and 467 of the Penal Code by taking illegal gratification and by creating a false deed. The complainant identified this document as bearing No. 195/98 dated 13-8-1998. 8. Upon rec..

Category: Procedural Law | Date: | Hits: 92