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Monorajan Saha and another Vs. Farida Khatun and others, 2010, 39 CLC (HCD)
....property from the legal heirs of SA recorded tenant by kabala dated 22-2-1983 being deed No.1373 of 1983 and in this way while the pre-emptor was owing and possessing her purchased property as lawful owner some other legal heirs of SA recorded tenant transferred some property in favour of the pre-em......ditiously. Ed. This Case is also Reported in: 63 DLR (HCD) (2011) 239. ......ipt of copy of this judgment after notifying the parties as per law. Send copy of the judgment to the Courts below expeditiously. Ed. This Case is also Reported in: 63 DLR (HCD) (2011) 239. ..Category: Procedural Law | Date: | Hits: 88
Naimuddin Molla and others Vs. Ibrahim Molla and others, 2008, 37 CLC (HCD)
....red on 21-12-1997. Later, the defendant No.1 also sold 0.61/2, acres of land to his son's wife Rowshan Ara Begum on 4-2-1995 through registered deed. As such, his son, son's wife and grandson are now owner in possession in 0.26 acres of land in the suit plots. The defendant No.1 categorically assert......t once. Ed. This Case is also Reported in: 62 DLR (HCD) (2010) 369. ...... However, there shall be no order as to costs. Let a copy of the Judgment along with LCR be sent down to the Courts below at once. Ed. This Case is also Reported in: 62 DLR (HCD) (2010) 369. ..Category: Procedural Law | Date: | Hits: 120
Indu Mod Howlader Vs. Additional Deputy CommiÂssioner and others, 1997, 26 CLC (HCD)
....ating her name on the government record and paying rent regularly. 16. It is already a settled law that before any property is treated as enemy property the authority concerned must prove that the owner, concerned migrated to India before the enemy property law namely, the Defence of Pakistan Ord......44.......Mr. Ranjan Kumar Saha, Assistant Judge, Wazirpur, Barisal in Title Suit No.87 of 1988 is hereby confirmed without any order as to cost. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 444...Category: Property Law | Date: | Hits: 84
Md. Zahurul Islam Vs. Deputy Commissioner, Kushtia and others, 2012, 41 CLC (AD)
....to the tune of taka 3, 33,805.58, and in fact argued only on one point, that is, the entitleÂment of the plaintiff to realise the entire toll collected from the cattle market, claiming him to be its owner. The learned judges, after consiÂdering the statements made in the plaint, came to the specif......hhab Miah J Nazmun Ara Sultana J Syed Mahmud Hossain J Md. Imman Ali J Md. Shamsul Huda J Md. Zahurul Islam……………............Petitioner Vs. Deputy Commissioner, Kushtia and others............Respondents Judgment January 29, 2012. Result: The leave petition......infirmity in the judgment and decree of the High Court Division in dismissing the suit. Accordingly, the leave petition is dismissed. Ed. This Case is also Reported in: 17 BLC (AD) (2012) 106. ..Category: Property Law | Date: | Hits: 105
Mahmudul Huq Vs. Mst Golap Bia & others, 1988, 17 CLC (HCD)
....dated 7.4.1974, Ext. A for the treatment of her husband and arrived at the finding that kabala Ext. A was acted upon as the defendant No.1 not only obtained the kabala but also exercised her right as owner in possession by sale of a portion of the land in dispute to one Nurul Amin in order to collec......lant. No one - For the respondent. Appeal from Appellate Decree No.172 of 1976. Judgment AM Mahmudur Rahman J.- This second appeal at the instance of the plaintiff is against the judgment and decree of affirmance passed by the learned Additional District Judge, Second Court, Chittagong i......cussions above, I do not find any substance in this appeal. In the result, this appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 314. ..Category: Property Law | Date: | Hits: 86
Abul Basar Sowdagar Vs. Aminul Huq & others, 1989, 18 CLC (HCD)
....t No.160 of 1969. 2. The plaintiff filed the suit for declaration of title to and recovery of possession of the disputed land against the defendants. His case was that Sirajul Huq was the original owner of the disputed land and on the death of Serajul Huq the disputed land devolved upon his full .......Appellant Vs. Aminul Huq & ors..........................Respondents Judgment January 25, 1989. Result: The Appeal is dismissed. Cases Referred to- Pathana Vs. Mst. Wasai and another, 17 DLR (SC) 47; Mussummat Durga Choudhrian Vs. Jawahir Singh Chowdhury, 17 Indian Appea......l. I confirm the judgment and decree passed by the lower appellate Court and dismisses this appeal. There will be no order as to costs. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 312...Category: Property Law | Date: | Hits: 103
....l duties, it should be presumed that it was validly done and in accordance with law, besides, it is not correct to say that a new tenancy in PS Khatian No.18 in the name of H. E. Percival as the sole owner was made in the absence of any written application by the recorded tenant H.E. Percival in thi......
Badrul Haider Chowdhury J
Shahabuddin Ahmed J
Chowdhury ATM Masud J
Md. Khairullah Bhuiyan………………Appellant
Vs.
Haji Nurul Alam Chowdhury, being dead his heirs: Amena Khatun and others………………Respondents
Judgment
May 5, 1982.
Result:
The appeal is all......ge and that of the High Court Division are set aside and the judgment of the trial Court restored. There will be no order as to costs.
Ed.
This Case is also Reported in: 35 DLR (AD) (1983) 338.
..
Category: Property Law | Date: | Hits: 128
Gazi Wires Ltd. Vs. National Board of Revenue and others, 1998, 27 CLC (HCD)
....efunded or when rebate or abatement in duty has been erroneously allowed, the Superintendent of Excise may, within five years from the date on which duty has become due or was paid or adjusted in the owner’s account-current, or from the date on which refund is made or rebate or abatement is allowe...... High Court Division (Special Original Jurisdiction) Present: Qazi Shafiuddin J Sayed J R Mudassir Husain J Gazi Wires Ltd……………Petitioner Vs. National Board of Revenue and others………………Respondents Judgment April 1, 1998. Result: The Rule is made......and G to the petition are hereby declared to have been made/passed or issued without any lawful authority and to be of no legal effect. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 393...Category: Fiscal/Taxation Law | Date: | Hits: 169
....as created for disposal of certain classes of cases relating to abandoned properties speedly and there is no violation of any rules or law and also there is no unreasonable classification amongst the owners within the area.
6. Mr. Farooqui next contends that Ordinance 54/85 was made operative fro......
This Case is also Reported in: 50 DLR (HCD) (1998) 372.
....... The respondents directed to exclude the property from ‘Kha’ list within 60 (sixty) days from the date of receipt of this order.
Ed.
This Case is also Reported in: 50 DLR (HCD) (1998) 372.
..
Category: Property Law | Date: | Hits: 150
Reza (Md.) Vs. Executive Engineer, Facilities Department, and others, 1997, 26 CLC (HCD)
....for injunction and contended that 0.08 acre of land appertaining to plot No.154 described in "Ka" schedule of the plaint was purchased by the defendant Nos. 6 and 7 who are also heirs of the original owner Abdul Majid through their predecessor‑in‑interest Md. Yusuf Ali and got exclusive possessi......preme Court High Court Division (Civil Revisional Jurisdiction) Present: Syed Amirul Islam J Reza (Md.)………………Petitioner Vs. Executive Engineer, Facilities Department, and others………………Opposite Parties Judgment March 13, 1997. Result: The Rule i......n the result, the Rule is discharged without any order as to costs. The order of stay, granted earlier by this Court is hereby vacated. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 434...Category: Civil Law | Date: | Hits: 93
Gajendra Nath Mondal and others Vs. Motia Begum and others, 1997, 26 CLC (HCD)
....ctment of the defendant petitioner from the suit premises. 3. The defendant petitioners contested the suit by filing a written statement. The case of the defendant petitioners is that the original owner of the suit premises left for India in 1946 and their tenant also left for India in 1952. Ther......st. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 429.......ee dated 18-9-85 passed by the same Court in SCC Suit No.1 of 1985. The Rule is accordingly discharged without any order as to cost. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 429...Category: Procedural Law | Date: | Hits: 82
Nakuleswar Sana Vs. State, 1983, 12 CLC (AD)
....ion". 6. Leave was granted as mentioned above to consider the correctness of the decision. Mr. Moinul Hosein appearing for the petiÂtioner submitted that the petitioner is a busiÂnessman and the owner of a Cinema Hall. He asked for loan from his Bank, where he had an account. The Manager grante......¦â€¦â€¦â€¦â€¦â€¦â€¦Respondent Judgment April 6, 1983. Result: The appeal is dismissed. Case Referred to- Rumball Vs. Schmidt, (1882) 2 QBD 603. Lawyers Involved: Moinul Hosein and Md. Joynal Abedin, Advocates, Supreme Court, instructed by Md. Aftab Hossain, Advocate on Record......ed, JJ; I concur with the decision of Shahabuddin Ahmed, J. ORDER OF THE COURT By the majority judgment, the appeal is dismissed. Ed. This Case is also Reported in: 35 DLR (AD) (1983) 284...Category: Criminal Law | Date: | Hits: 95
Manzur Ahmed Vs. Rajdhani Unnayan Kartipakkha (RAJUK) & others, 2010, 39 CLC (HCD)
....UK can now take advantage of the said 'Ka' list merely because the Government mistakenly included the said property in it. He argues that after such sale, the said lady became the absolute lease-hold owner of the said property subject to the terms of the sale deed and after that she executed the sai......s. Rowshan Ara, 57 DLR (AD) 167; Sarwari Begum Vs. Bangladesh, 45 DLR 571 (at para 16); Messrs ATJ Industries case, 28 DLR 27; 28 DLR (AD) 120; Ayesha Khatun's Case, 50 DLR 639; Bangladesh Vs. Syed Chand Sultana, 51 DLR (AD) 24, at para-4. Lawyers Involved: Moudud Ahmed with Raziuddin Ahmed, A...... Court Division in First Appeal No.585 of 2001 within 30 days from receipt of the copy of this judgÂment. Communicate this order. Ed. This Case is also Reported in: 63 DLR (HCD) (2011) 198. ..Category: Property Law | Date: | Hits: 127
Kazi Asmat Ullah Vs. Belayet Ali Sheikh and others, 2009, 38 CLC (HCD)
....tuted title suit No.111 of 1989 in the Court of Assistant Judge, Sripur, Magura for declaration of title and confirmation of possession. It is stated in the plaint that Lalit Mohan Chakrabarty was an owner of 1.13 acres of land appertaining to plots No.1093/1250/1786 of Khatian No.1044 and Malancha ......73. ......nt and decree passed by the Court below are set aside. The suit is dismissed. Send down the lower Courts records immediÂately. Ed. This Case is also Reported in: 63 DLR (HCD) (2011) 173. ..Category: Property Law | Date: | Hits: 123
Nurul Amin Bhuiyan Vs. Bangladesh and others, 2011, 40 CLC (HCD)
.... under the Bank Companies Act, to allow him to keep possession of his property on payment of the highest amount as quoted in the auction. 2. Petitioner’s case, in short, is that he is the lawful owner-in-possession of Plot No.80, Chandgaon Residential Area (Phase-2), Chittagong (more particular...... Court High Court Division (Special Original Jurisdiction) Present: Nazmun Ara Sultana J Md. Ruhul Quddus J Nurul Amin Bhuiyan ... ...................Petitioner Vs. Bangladesh and others ................. Respondents Judgment February 10, 2011. Result: The Rule is......he above observation the Rule is discharged and the order of status quo passed at the time of issuing the Rule is vacated. Nazmun Ara Sultana J. - I agree. Ed. This Case is also Reported in: ..Category: Civil Law | Date: | Hits: 129
Chairman, National Board of Revenue, Bangladesh Vs. M/s. GMG CorÂporation Ltd., 1982, 11 CLC (AD)
....companied with possession is called hypothecation. A pledge is chargeable under Article 6. So far as the question of hypothecation is concerÂned the possession over the property is deÂtained to the owner and here only certain right in the moveable property is transferred to the persons in whose fa......eferred To- 21 Cal 241; SecreÂtary to the Commission of Salt etc. Madras Vs. Mrs. Orr 38 Mad 646; Board of Revenue Vs. Sorrarazu, AIR 1976 Mad 1038 (FB); Mutual Property Insurance Co. Ltd. Vs. Inland Revenue Commissioner, 1926 All England Reports 493; Mad. B. P. 3011 R. Mis.; Inland Revenue Comm...... COURT By the majority opinion the appeal is allowed with costs and judgment and order of the High Court Division are set aside. Ed. This Case is also Reported in: 35 DLR (AD) (1983) 262. ..Category: Fiscal/Taxation Law | Date: | Hits: 269
Shafi Khan Vs. Mannujan Hossain and others, 1983, 12 CLC (AD)
....31-10-74. It was therefore contenÂded that the application for pre-emption was filed on 1 November, 1974, when the right, title and all other interests in the land, already went back to the original owner. Both the trial Court and the High Court Division held that Title Suit No.334 of 1974 and the ......CJ Badrul Haider Chowdhury J Shahabuddin Ahmed J Syed Md. Mohsen Ali J Shafi Khan……………………Appellant Vs. Mannujan Hossain, wife of A.Z.M. Delwar Hussain, AdvoÂcate and others………………Respondents Judgment February 16, 1983. Result: The appeal i......ed orders allowing pre-emption are set aside and the application for pre-emption is dismissed. No order as to costs for the appeal. Ed. This Case is also Reported in: 35 DLR (AD) (1983) 225. ..Category: Property Law | Date: | Hits: 77
....under the Bangladesh (Taking over of Control and Management of Industrial and Commercial Concerns) Order, 1972 (Acting President's Order No.1 of 1972), but does not include—
(a) any property the owner of which is residing outside Bangladesh for any purÂpose which, in the opinion of the GovernÂ......d.
Ed.
This Case is also Reported in: 30 DLR (AD) (1978) 169.
......any learned brother Mr. Justice Munim that these appeals should be dismissed.
Order of the Court.
The appeals are dismissed.
Ed.
This Case is also Reported in: 30 DLR (AD) (1978) 169.
..
Category: Others | Date: | Hits: 154
Rabiul Alam and another Vs. Sree Bidhan Kumar Deb, Advocate, 1997, 26 CLC (HCD)
....onship of landlord and tenant between them: that the suit was bad for defect of parties: that the plaintiffs had no right, title and interest in the suit premises; that Benodi Lal Biswas the original owner of the suit property abandoned the same as some ghostly occurrence took place in the said hous......gh Court. Send down the records at once. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 286. ......fs within 90 days failing which the plaintiffs will be at liberty to have possession through Court. Send down the records at once. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 286. ..Category: Procedural Law | Date: | Hits: 74
Christian Service Society (CSS) Vs. First Labour Court, Chittagong and others, 2008, 37 CLC (HCD)
....ercial agency, an includes a clerical department of a factory or of any indusÂtrial of commercial undertaking, the office establishment of a person who for the purpose fulfilling a contract with the owner of any comÂmercial establishment or industrial establishÂment employs workers, a unit of a j......original Jurisdiction) Present: Mirza Hussain Haider J Mamnoon Rahman J Christian Service Society (CSS)................................Petitioner Vs. First Labour Court, Chittagong and others................Respondents Judgment January 6, 2008. Result: The Rule is mad......itted illegality in deciding the case beyond its jurisdiction. Accordingly, the Rule is made absolute without any order as to cost. Ed. This Case is also Reported in: 63 DLR (HD) (2011) 125. ..Category: Labour and Industrial Law | Date: | Hits: 201
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