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Abdul Jalil Shah and another Vs. Rahima Khatun and others, 1998, 27 CLC (HCD)

....collusion with defendant Nos.13-16 has filed a compromise petition before the learned Subordinate Judge, Bogra on 31-10-95 and in that compromise petition the plaintiff has admitted that the original owner Mollick Shah transferred his interest and exhausted all his share and also admitted that these......is Case is also Reported in: 51 DLR (HCD) (1999) 441. ......rably within 6(six) months from the date of receipt of this order. Communicate this order to the Court concerned at once. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 441. ..

Category: Civil Law | Date: | Hits: 154

Abdul Qayum Vs. Secretary, Ministry of Home Affairs, Government of Bangladesh and others, 1991, 20 CLC (HCD)

....her documents (Annexure‑F) was also impugned. This was, however, later on modified by a Rule issued on 3.6.91. 2. The petitioner's case as stated in the petition is that the petitioner is the owner and possessor of land through inheritance along with other co‑sharers which appertains to pl......ent: Fazle Hussain Mohammad Habibur Rahman J Abdul Hasib J Abdul Qayum ................Petitioner. Vs. The Secretary, Ministry of Home Affairs, Government of Bangladesh and others................Respondents Judgment October 30, 1991. Result: Th......nts (Annexure‑F) was also impugned. This was, however, later on modified by a Rule issued on 3.6.91. 2. The petitioner's case as stated in the petition is that the petitioner is the owner and possessor of land through inheritance along with other co‑sharers which appertains to plot Nos. 30..

Category: Immigration and Citizenship Law | Date: | Hits: 178

Sena Kalayan Sangstha Vs. Haji Sufi Fazal Ahmed and others, 2004, 33 CLC (HCD)

....ajj leaving his whole family in the said building but could not return due to war of liberation and as such he was stuck up in the then West Pakistan; that it was further averred that he was also the owner of Fasons Metal Industries where he started an electrical Fan making industry; that the said I......Appeal No. 45 of 1993) Chairman, Sena Kalayan Sangstha……………………..Appellant (In Civil Appeal No. 86 of 1997) Vs. Haji Sufi Fazal Ahmed being dead his heirs: Mr. Nagar Mohiuddin and others………………………..Respondents (In both the appeals) Judgment May 25, 2004......o not find any substance in the submission for the learned Counsel of the appellants. The appeals are accordingly dismissed without any order as to costs. Ed. This Case is also Reported in: ..

Category: Property Law | Date: | Hits: 111

State Vs. Nazma Sarker @ Beauty and others, 2011, 40 CLC (HCD)

.... her maid servant’s husband Shahidul and Kamal all conjointly decided to kill her husband (deceased Hanif Sarker) and if that was done she (Nazma Sarker @ Beauty) could marry Kamal and would be the owner of the properties of her husband (deceased Hanif Sarker). According to that decision, on 24.8.......ion (Criminal Appellate Jurisdiction) Present: Afzal Hossain Ahmed J Md. Emdadul Haque Azad J State……………………………………Petitioner Vs. Nazma Sarker @ Beauty and 3 others ............ Condemned-prisoners (In Death Reference No. 20 of 2008). Rokeya Begum &...... a copy of this judgment and order, be sent to the concerned Court below for information and necessary action at once. Md. Emdadul Haque Azad J. - I agree. Ed. This Case is also Reported in: ..

Category: Criminal Law | Date: | Hits: 98

Abdul Gafur Sikder Vs. Mst. Shafia Khatun & others, 1989, 18 CLC (HCD)

....he meantime the original plaintiff Sekander Ali died and the opposite parties were substituted as his heirs and legal representatives in his place. 3. The plaintiffs case, in short, is that he was owner of the disputed land described in Schedule 'Ka' to the plaint and in 1391 B.S. he expressed hi...... Vs. Mst. Shafia Khatun & others...........................Opposite Parties Judgment April 13, 1989. Result: The Rule is made absolute. Cases Referred to- Nittala Achayya and others Vs. Nittala Yellamma and others, AIR 1923 (Mad) 109; Chellamma Rao Baha­dur and another ......er of the learned Assistant Judge is restored. In the facts and circumstances of the case, however, there will be no order as to costs. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 500...

Category: Property Law | Date: | Hits: 136

Suresh Majumder and Others Vs. Government of Bangladesh & Others, 1998, 27 CLC (HCD)

.... Bakerganj impleading opposite party Nos.13-16 as defendants praying for a declaration of their rayati rights and title in the disputed land. It is asserted by the plain­tiffs that they are recorded owner in possession of the property covered by R.S. Khatian No.61 at a jama of Tk.752/14 annas. The ....... This Case is also Reported in: 42 DLR (1990) 10. ...... the category of defendants and accordingly the plaint may be amended. Accordingly the Rule is disposed of without any order as to costs. Ed. This Case is also Reported in: 42 DLR (1990) 10. ..

Category: Procedural Law | Date: | Hits: 82

Moti Miah Vs. Ful Miah and others, 2008, 37 CLC (HCD)

....resent suit. 4. The defendants appeared in the suit by filing written statement denying the material allegations made in the plaint and the case of the defendants is that the defendant No.1 is the owner of the suit land by was of inheritance and purchase and accordingly, SA Khatian No.310 was rec......CD) (2008) 279. ......Send down the lower Court records along with a copy of the Judgment and order to the Court concerned. Ed. This Case is also Reported in: 62 DLR (HCD) (2010) 447; 13 MLR (HCD) (2008) 279. ..

Category: Property Law | Date: | Hits: 121

Nrependra Nath Saha and anothers Vs. Haripada Saha & another, 2009, 38 CLC (HCD)

....ent the learned Advocate for the petitioners placed before me the Judgments of the Courts below with short background of his case and pointed out the legal position of his case in the plaint that the owner of the suit property was one Thakur Das Shaha and Goshai Das Shaha and their names were correc...... This Case is also Reported in: 62 DLR (HCD) (2010) 438. ......e is made absolute. The Judgments and decrees of the Courts below are hereby set aside. Send down the lower Court records at once. Ed. This Case is also Reported in: 62 DLR (HCD) (2010) 438. ..

Category: Property Law | Date: | Hits: 83

Shahidullah and others Vs. Lutfur Karim and others, 1997, 26 CLC (HCD)

....ister’s office briefly SR Office, Chatkhil is forged, fraudulent, void and not binding upon the plaintiffs and for its cancellation. 2. Plaintiffs’ case is that, Cherag Ali Pandit the admitted owner of the suit land did never execute the kabala, his signature was forged, the deed was register......d down the record at once. Ed. This Case is also Reported in: 50 DLR (1998) 328. ......e Court is thus set aside and those of the trial Court are restored. There will be no order as to cost. Send down the record at once. Ed. This Case is also Reported in: 50 DLR (1998) 328. ..

Category: Procedural Law | Date: | Hits: 103

Khalilur Rahman (Md.) and others Vs. Abdur Rahman Bhuiyan alias Zinnat Ali Bhuiyan & others, 1998, 27 CLC (HCD)

....ion of the case land. 2. The short fact leading to this appeal is that the respondent as petitioner filed the aforesaid case for pre-emption stating that his father Late Fazlul Huq Bhuiyan was the owner of the case land and the building and the petitioner-respondent lost his father during his min......so Reported in: 50 DLR (HCD) (1998) 311. ......ned Subordinate Judge, Chandpur in Miscellaneous Case No.59 of 1990 is hereby affirmed. Send down the lower Court records at once. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 311. ..

Category: Property Law | Date: | Hits: 113

Ali Azam Vs. Md. Majibullah, 2002, 31 CLC (HCD)

....er' means one whose name appears in a benami transaction but who is not the real proprietor of the right indicated. A benamder may be either a stranger whose name is used in order to conceal the real owner or he may be a relative for the sake of whose reputation a nominal assignment of property is m...... Vs. Md. Majibullah…………………………………….Opposite Party Judgment July 16, 2002. Result: The Rule is discharged. Cases Referred to- Bhrigurashram Missir and another Vs. Surendra Nath Mitra and another, AIR 1962 (Patna) 204; Joydayal Poddar Vs. Bibi Baje......The order of stay granted earlier by this court at the time of issuance of the Rule is hereby vacated. Send down the LC Records at once. Ed. This Case is also Reported in: 55 DLR (2003) 412. ..

Category: Property Law | Date: | Hits: 103

Abdul Goni Kha Vs. Md. Abdul Aziz Azizur Rahman and others, 1996, 25 CLC (HCD)

....arisal in Title Suit No.67 of 1976. 2. The plaintiff filed the suit for declaration of title in the suit land stating, inter alia, that Nazar Ali, predecessor of opposite parties No.5‑10 was the owner of 96 decimals of land recorded in plots No.757, 793 and 804 of section No.731 of mouja Harina......igh Court Division (Civil Appellate Jurisdiction) Present: Mohammad Fazlul Karim J Abdul Goni Kha.........................................Petitioner Vs. Md. Abdul Aziz Azizur Rahman and ors.................Opposite Parties Judgment August 27, 1996 Result: The Rule is ma...... receipt of this order failing possession through the court in execution thereof. Send down the lower Courts record expeditiously. Ed. This Case is also Reported in: 49 DLR (HD) (1997) 172. ..

Category: Property Law | Date: | Hits: 114

Talebur Rahman alias Taleb and 2 others Vs. State, 1994, 23 CLC (HCD)

....heet. The witness recorded the statements of the witnesses under section 161 CrPC and after investigation submitted charge sheet. In reply to cross-examination the witness stated that the name of the owner of the shop was not mentioned in the First Information Report and he also did not enquire abou...... Reported in: 49 DLR (HD) (1997) 167. ......ny other case and the accused appellant Abdul Matin be discharged from his bailbond. Send down the lower Court records immediately. Ed. This Case is also Reported in: 49 DLR (HD) (1997) 167. ..

Category: Criminal Law | Date: | Hits: 74

Jalil and another Vs. Chairman, Court of Settlement and another, 1991, 20 CLC (HCD)

....roperty. He further submits that in any view of the matter the petitioners having asserted that they were in the disputed house since 1974 when they were forcibly evicted along with their mother, the owner of the house, and this assertion having not been denied by the Government side and there being......s also Reported in: 44 DLR (HCD) (1992) 288.......ned property. The respondents are directed to put the petitioners in possession of the said house within 3(three) months from date. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 288...

Category: Property Law | Date: | Hits: 90

Abdul Khaleque Vs. Court of Settlement and others, 1991, 20 CLC (HCD)

....property as not abandoned property or not to have vested in the Government or declaring the Government's possession illegal or directing the Government or any officer to restore the possession to the owner before the publication of the property in the list of abandoned property in the Gazette. The m...... (Special Original Jurisdiction) Present: Quazi Shafiuddin J Mainur Reza Chowdhury J Abdul Khaleque....................... Petitioner. Vs. The Court of Settlement and others ……………………..Respondents. Judgment October 22, 1991. Resul......lawful authority and the same are of no legal effect. In the result, the Rule is made absolute without any order as to costs. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 273...

Category: Property Law | Date: | Hits: 90

Ramizuddin and others Vs. Abdul Hamid, 2009, 38 CLC (HCD)

....on that the kabala No.8593 dated 8-8-1959 is forged, illegal and not binding upon the plaintiffs and stated, inter alia, that one Jalaluddin of village Nayanagar, Tejgaon, Dhaka had been the original owner of the suit land along with other lands. The CS Khatian was prepared in the name of the Mamud ......et aside. Ed. This Case is also Reported in: 62 DLR (HCD) (2010) 434.......r as to costs. The impugned Judgment and order passed by the Appellate Court allowing the withdrawal of the suit is, hereby, set aside. Ed. This Case is also Reported in: 62 DLR (HCD) (2010) 434...

Category: Procedural Law | Date: | Hits: 108

Nuru Miah and others Vs. State, 2011, 40 CLC (HCD)

....t Information Report. He is one of the witnesses of the inquest report 5/6 years at accused-Shahjahan and Hashem theft two cows from Shamgram and his father after recovering same returned back to its owner and his father initiated the salish for that. After 10/12 days of the occurrence his Uncle Ohi...... This Case is also Reported in: 63 DLR (HCD) (2011) 242....... 16(sixteen) years released from the Jail immediate­ly, if not wanted in any other case. Send down the lower Court record at once. Ed. This Case is also Reported in: 63 DLR (HCD) (2011) 242...

Category: Criminal Law | Date: | Hits: 112

Laxmi Janardhan Jew Thakur and 3 others Vs. Government of the People’s Republic of Bangladesh and others, 1998, 27 CLC (HCD)

....That after the said Hardeo Gonesh Narayan Todi and Brojo Lal Todi became the tenant of the petitioners and continued the said Glass Works therein. In the year 1965 when the disturbances broke and the owners of the Glass Works were migrated in India and the said Hardeo Glass, Aluminium, Enamel and Si......orted in: 50 DLR (HCD) (1998) 273. ......stered without any lawful authority and is of no legal effect so far it relates to the property of deed of Endowment dated 25-9-1903. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 273. ..

Category: Property Law | Date: | Hits: 85

Syed Wali Mohammad Salehuddin, 1990, 19 CLC (HCD)

.... general or special direction to the Administrator General in regard to its administration. 9. In the instant case the Administrator General has been made the sole executor of the will left by the owner of the concerned Zamindary estate which was later acquisitioned. The probate was obtained by t....... Ahmed Nurur Reza and Mr. Saidur Rahman at the time of hearing is appreciated. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 268.......further order as to costs. The assistance given by Mr. Ahmed Nurur Reza and Mr. Saidur Rahman at the time of hearing is appreciated. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 268...

Category: Trust/Waqf Law | Date: | Hits: 166

Pabna Motor Employees Association Vs. Member, Labour Appellate Tribunal and others, 1991, 20 CLC (HCD)

....drivers of the trucks are not workmen. Under section 2 (XXVI), a trade union includes a federation of two or more trade unions. We are of the opinion that carrying of goods by trucks is a business as owners in course of their carrying the business either earn profit of incur loss. The drivers of the......h Court Division (Special Original Jurisdiction) Present: AM Mahmudur Rahman J Pabna Motor Employees Association………..……Petitioner Vs. The Member, Labour Appellate Tribunal and others...............Respondents Judgment May 20, 1991. Result: The Rule is discharg......eason to quash the judgment and order impeached in this writ petition. The result is: we discharge the Rule. No order as to costs. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 265. ..

Category: Labour and Industrial Law | Date: | Hits: 171