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State Vs. Government of Bangladesh and others, 2011, 40 CLC (HCD)
.... constructive knowledge about BGMEA’s bareness of title and the illegality as to the construction of the building. Sheikh Md. Zakir Hossain J. - I agree. Ed. This Case is also Reported in: ......ট ১৮৮২ এর সংশোধনী আইনের ‘৫৩ সি’, উল্লেখ করা হইল, যাহা নিম্নরুপঃ- 53C. Immovable Property without khatian not to be sold.- No immovable property shall be sold by a person unless his name, if he is t..Category: Constitutional Law | Date: | Hits: 642
Rais Ali alias Md. Rais Ali and others Vs. Mst. Hajera Khatun and others, 2009, 38 CLC (HCD)
....aim his statutory right of pre-emption of the sale in question or when it becomes clear that the pre-emptor is in loco parent is with the pre-emptee and he plays a definite part in bringing about the disputed transfer, the principles of waiver acquiescence and estoppel will come in full play and the......the time of issuance of the rule is hereby vacated. Send down the lower Court records alongwith a copy of the judgment immediately. Ed. This Case is also Reported in: 18 BLT (HCD) (2010) 62. ..Category: Civil Law | Date: | Hits: 192
Fazlul Haque (Md.) Vs. Abdul Malek and another, 2008, 37 CLC (HCD)
.... extension of time for deposit of cost of Taka 1,200 by the impugned order in the facts and circumstances of the case. 21. The facts as stated hereinabove do not need to be reiterated. What is not disputed is that on 8-11- 05 the aforesaid suit was decreed ex parte. Whereupon, the petitioner made......cost. Order of stay granted at the time of issue of the Rule on 30-4-07 is accordingly, recalled and vacated. Communicate at once. Ed. This Case is also Reported in: 61 DLR (HCD) (2009) 72. ..Category: Civil Law | Date: | Hits: 281
Mehir Chandra Bhomick Vs. Deputy Commissioner, Brahmanbaria and others, 2007, 36 CLC (HCD)
....filing written statement stating that the S.A. tenant went to India in the year 1965 and the suit property was never transferred elsewhere and it was declared as vested and non resident for which the disputed notice was served upon the plaintiff petitioner and as such the suit is liable to be dismis......rlier by this Court stands vacated. Send down the lower Court records and a copy of the judgment and order to the court concerned. Ed. This Case is also Reported in: 13 MLR (HCD) (2008) 22. ..Category: Property Law | Date: | Hits: 155
Md. Nur Alam and another Vs. State, 2012, 41 CLC (HCD)
....have also gone through the reported cases referred to by Mr. Safiquzzaman, the learned Advocate for the appellants. That the death of victim Rafiq was homicidal as a result of strangulation is not disputed. This aspect is further proved by the post mortem examination report and the oral evidence ......w for securing their arrest. Send a copy of this judgment and order to the said court along with the lower court records. Md. Emdadul Huq J. - I agree. Ed. This Case is also Reported in: ..Category: Criminal Law | Date: | Hits: 170
Gopinath Das and others Vs. Government of Bangladesh & others, 2010, 39 CLC (HCD)
....o.37 of 1981 in the 5th Court of Sub Judge, Dhaka, for permanent injunction on the plea that they got the land by korfa settlement from Rashik Lal and Mohadev Chandra Goala. They got 0.70 acre of the disputed CS plot 40 by amalnama and dakhila. This claim of the said defendants on the basis of amaln......covery of khas possession of 5.18 acre land described in schedule "B" of the plaint which forms part of 7.25 acre land in Mouza Sahar Dhaka (latterly Mouza Ramna). The land appertaining to the suit khatian originally belonged to one Gobinda Chanra Basak, shortly, "GC Basak". His name was initially..Category: Property Law | Date: | Hits: 149
Shah Alam (Md.) Vs. Bangladesh Water Development Board, 2012, 41 CLC (HCD)
....ration Act of 1940 to settle the dispute. 3. After several bouts of legal proceedings for appointment of arbitrator, lastly, Mr. Justice MA Wahab (Retired) was appointed as arbitrator who gave the disputed award. 4. Opposite party No.4 contested the case by filing written objection denying the......rder of stay at the time of issuance of the rule is hereby vacated. Let a copy of the Judgment be sent to the Court below at once. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 245. ..Category: Civil Law | Date: | Hits: 195
Bank of Small Industries & Commerce Bangladesh Vs. Shahabuddin Ahmed, 2012, 41 CLC (HCD)
....ed in 15 BLD 644. It is submitted that through the defendant 2, one of the Judgment-debtor, is full brother of the present opposite-parties, their deceased father namely Shamsuddin being owner of the disputed property excluded him from inheriting the paternal property by execution of a Notarised 'Wa......receipt of the lower Court records. Send down the LCRs along with a copy of the Judgment and order to the Court below immediately. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 241. ..Category: Civil Law | Date: | Hits: 161
Harunor Rashid Halder Vs. Entaj Sheik & others, 1983, 12 CLC (HCD)
....uddin Halder. It further appears that in these proceeding Nazimuddin Shaikh predecessor-in-interest of the present opposite party before this Court, had the plea that they took oral settlement of the disputed land from the original owner piece by piece and gradually the entire land and he subseque......0.11.76 for drawing up a proceeding against the second party under section 145 of the Code of Criminal Procedure on the allegation that an area of land measuring 25.69 acres appertaining to several khatians of Mouza No.173 within Police Station Bagerhat belonged to him and his co-sharers by virtue..Category: Criminal Law | Date: | Hits: 88
Kazi Aftabuddin and others Vs. Bangladesh and others, 1996, 25 CLC (HCD)
....……………………Respondents Judgment April 15, 1996. Result: The petition is rejected. Article 102 of the Constitution can be invoked only where the petitioner's right has undisputedly accrued either under the Constitution or under any legal instrument and such right has no......h step has been taken by the authority to remove the structures. In view of the above, the petition is rejected summarily. No cost. Ed. This case is also Reported in:49 DLR (HCD) (1997) 422. ..Category: Property Law | Date: | Hits: 67
Hasan Malik (Md.) @ Titu Vs. State, 2009, 38 CLC (HCD)
....he post mortem report, Exhibit 10 and his signature. Exhibit 10/1. In cross-examination he admitted that he did not notice any injury on the dead body. 23. That the death of Shahera Khatoon is not disputed. It is also not disputed that Shahera Khatoon had been working as maid in the house of the ......the Penal Code. He is set at liberty forthwith if not wanted in any other connection. Send down the lower Court records accordingly. Ed. This Case is also Reported in: 61DLR (HCD (2009) 303. ..Category: Criminal Law | Date: | Hits: 91
Hubble Corporate Ltd. Vs. Artha Rin Adalat & others, 2010, 39 CLC (HCD)
.... suit and the learned Judge of the Adalat in consideration of legal and factual questions involved in the case lawfully rejected the application on merit; whether the goods were damaged or not in a disputed question of fact; that the defendant-petitioner opened letter of credit with the Bank for i...... of stay granted earlier by the Court stands vacated. No order as to costs. Communicate the Judgment to respondent No.1 at once. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 91. ..Category: Civil Law | Date: | Hits: 176
Mangal Chandra Sarker and others Vs. Bangladesh and others, 2011, 40 CLC (HCD)
....those writ petitions that the lands in question were derequisitioned. Accordingly those rules were discharged as prayed for. It has further been stated that the petitioners have been possessing the disputed land. There are mosque, graveyard, temple, etc. in some plots. No compensation was paid to ......s from the places wherein their homesteads are situated considering their humanitarian approach. Communicate the order at once. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 152. ..Category: Property Law | Date: | Hits: 89
....erial No. 7. Before that sales or services of customs bonded warehouse was not so specifically included in the declaration made under section 4 by the National Board of Revenue.
24. It is also not disputed that the petitioner sold under the licence goods to the diplomats and other privileged pers......cember, 1985 to the petitioner as prayed for within a period of 30 days of receipt of this order, positively.
Communicate at once.
Ed.
This Case is also Reported in: 61 DLR (HCD) (2009) 704.
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Category: Administrative Law | Date: | Hits: 491
Shamsul Alam Selim alias Sheikh Selim alias Anik Chowdhury Vs. State and another, 2006, 35 CLC (HCD)
.....2. As regards the submission of the learned Advocate that the complainant opposite party No.2 did not send any rejoinder claiming that the contents of the impugned publications was false, which is a disputed question of fact as well as defence plea which can be decided by the trial Magistrate after......l Magistrate, Chuadanga is directed to proceed with the trial expeditiously in accordance with law. Communicate the order at once. Ed. This Case is also Reported in: 13 MLR (HCD) (2008) 219. ..Category: Criminal Law | Date: | Hits: 81
Elias Brothers (Md.)(Pvt.) Limited and another Vs. Bangladesh and others, 2010, 39 CLC (HCD)
....e observation and direction the Rules are made absolute without any order as to cost. Communicate this judgment and order at once. Ed. This Case is also Reported in: 16 BLC (HCD) (2011) 327. ......e observation and direction the Rules are made absolute without any order as to cost. Communicate this judgment and order at once. Ed. This Case is also Reported in: 16 BLC (HCD) (2011) 327. ..Category: Civil Law | Date: | Hits: 170
....ent No.1, the alleged informer. Article 102 of the Constitution confers upon the High Court Division high discretionary power and who intends to have relief under Article 102 shall approach it with undisputed right either legal or Constitutional. It also appeared that the dispute was taken to Settle...... discussion, we do not find any substance in this petition. And it is, accordingly, rejected in limine without any order as to costs.
Ed.
This Case is also Reported in: 50 DLR (HCD) (1998) 594.
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Category: Civil Law | Date: | Hits: 119
Enamul Haque Vs. State, 2010, 39 CLC (HCD)
....র নিয়োগ করা হইল।” 4. After hearing the parties and considering the records we find that both the parties have submitted documents to prove their title in respect of the disputed lands and that both the parties claim that they are in possession of the disputed land. Hen......he Code, the Magistrate is directed to dispose of the matter expeditiously. Communicate the order at once to the Courts concerned. Ed. This Case is also Reported in: 16 BLC (HCD) (2011) 339. ..Category: Criminal Law | Date: | Hits: 105
....possess them for which the plaintiffs filed a suit for permanent injunction on 24.12.1986 being Title Suit No.151 of 1986.
4. The defendant Nos. 3 to 9 submitted written statement stating that the disputed property are settled to them under Case No.03 of 1967, case No.15 of 1981, case No.19 of 19...... to costs and the impugned judgment and decree dated 21.01.2006 passed by the learned District Judge, Moulvibazar is hereby affirmed.
Ed.
This Case is also Reported in: 13 MLR (HCD) (2008) 13.
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Category: Procedural Law | Date: | Hits: 165
Abdul Jabbar Bhuiyan and others Vs. Kulsum Banu Bibi and others, 2008, 37 CLC (HCD)
....ourt at the time of issuance of the rule is hereby vacated. Lower Court's record be sent down at once with a copy of the judgment. Ed. This Case is also Reported in: 13 MLR (HCD) (2008) 212. ......ourt at the time of issuance of the rule is hereby vacated. Lower Court's record be sent down at once with a copy of the judgment. Ed. This Case is also Reported in: 13 MLR (HCD) (2008) 212. ..Category: Property Law | Date: | Hits: 112
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