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Mustafa Kamal and others Vs. Director of Land Records and others, 1991, 20 CLC (HCD)

....assed without lawful authority and the same are of no legal effect. In the result, both the Rules are made absolute without costs. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 634. ......rnment. One Abdus Salam prayed for re‑settlement of the case land and his prayer was allowed and accordingly he became tenant directly under the Government. Abdus Salam also defaulted in payment of rent and a Certificate case was started being Certificate Case No.357 of 1945‑46. The land in ques..

Category: Property Law | Date: | Hits: 73

AKM Mukhlesur Rahman Vs. State, 1991, 20 CLC (HCD)

....l particulars by disinterested and independent witnesses; the reason being that the members of a police trap party and the decoy witness, however public spirited and well intentioned they may be, are expected to be united at least in one common desire, namely, the desire to see that the trap is not ......lled against him and he is acquitted of same. He is discharged from his bail bond. Let the lower Court records be sent down at once. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 626...

Category: Criminal Law | Date: | Hits: 90

Kazi Shafiul Nasher Vs. Secondary and Higher Secondary Education Board, Jessore and others, 1991, 20 CLC (HCD)

....explanation (Annexure C to the petitioner). He denied the allegations stating that the allegations were based on surmise and that he worked hard for three months before the examination and showed the expected result and it has no connection with the result he obtained in the school examination. It a......ugh enquiry and considering the replies given by the petitioner. It was further stated that the petitioner's father was transferred to Babuganj not from Khulna but from Satkhira and he served in different stations for about 10 years before his transfer to Babuganj keeping his family althrough at Khu..

Category: Civil Law | Date: | Hits: 159

Bangladesh Vs. Abdul Matin Sarder being dead his legal heirs: 1(Ka) S.M. Yahia Iqbal and oth­ers, 2011, 40 CLC (AD)

....ring the plaintiffs' title in the suit land." Petitioner is permitted to prepare the paper book out of Court in accordance with rules. Ed. This Case is also Reported in: VIII ADC (2011) 479. ...... plaintiffs acquired title to the suit land on the basis of settlement from the landlord Narendra Nath Laha by a registered patta dated 14th July, 1944 on payment of salami of Tk. 7,000/-, and at the rental of Tk.150/-in the benami of Khairul Alam and on the same day a kabuliyat was executed in favo..

Category: Property Law | Date: | Hits: 76

Ali Amzad Khan Vs. Md. Titam Khan and others, 2011, 40 CLC (AD)

....000/- is to be deposited within 1 (one) month. Petitioner is permitted to prepare the paper book out of Court in accordance with rule. Ed. This Case is also Reported in: VIII ADC (2011) 495. ...... that Alam Khan, brother of Sultan Khan, being the recorded owner transferred the suit land in his favour by deed dated 10th March, 1997 and that he has been in possession of the same of pay­ment of rent and taxes. 3. The trial Court on consideration of the evidence on record by judgment and ord..

Category: Property Law | Date: | Hits: 87

Matiur Rahman and others Vs. Md. Nowab Ali and others, 2011, 40 CLC (AD)

....possession in the suit land. In the premises we do not find any merit in the leave petition. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: VIII ADC (2011) 468.......gment and decree passed by the appellate Court below observing, amongst others, that “P.W.1 Nowab Ali the plaintiff No.1 deposed that they are in continues possession in the suit land by paying rent to the government. His evidence regarding possession were corrobo­rated by the other two local..

Category: Procedural Law | Date: | Hits: 57

Shamima Khatoon and another Vs. Bangladesh, represented by the Secretary, Ministry of Works and others, 1993, 22 CLC (HCD)

....spondents to restore possession of the disputed house to them. The Rule is, accordingly, discharged without any order as to costs. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 601. ......n 1.2.63 by the aforesaid lessee and the erstwhile Government of East Pakistan. The lessee, Md. Moinuddin, paid the premium of the lease in part and got possession in the disputed house. He also paid rent of the disputed house. After some time Md. Moinuddin, the lessee, contracted to sell the disput..

Category: Property Law | Date: | Hits: 89

Hosne Ara Begum Vs. Government of the People's Republic of Bangladesh, 1993, 22 CLC (HCD)

....laintiff. Considering the facts and circumstances of the case, we pass no order as to costs. Send down the LC records immediately. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 554. ......d declared as an enemy property. It is also record that in the year 1969 the property in question was treated as enemy/vested property by the Vested Property Authority who leased out the same to different lessees. Ultimately the matter came before the Appellate Division of the Supreme Court where th..

Category: Property Law | Date: | Hits: 75

Dr. Malik Mehdi Kabir and others Vs. Rabit-Al-Alam-Al-Islami and others, 2010, 39 CLC (AD)

....at any definition attempted would exclude some subjects that properly should be included in, and include some subjects that must be excluded from, the operation of the words "public use". As might be expected, the more limited application of the principle appears in the earlier cases, and the more l......ensation money within the stipulated period of one year from the date of decision of the acquiring authority, or from the date of award of compensation and secondly, a previous decision based on different cause of action and also on a provision of law which is not applicable will be barred by the pr..

Category: Property Law | Date: | Hits: 93

Abdul Alim Akondo Vs. Government of Bangladesh and others, 2009, 38 CLC (AD)

....acts and circumstances of the case, we find no reason to disturb the same. The leave-petition is accordingly dismissed having no merit. Ed. This Case is also Reported in: 16 MLR (AD) (2010) 417.......h the lower Courts on consideration of the evidence came to the finding that the plaintiff claims title in respect of .32 decimals of land out of .82 decimals. Both the Courts below therefore con­currently found that the suit land as described in the schedule to the plaint, does not contain the des..

Category: Property Law | Date: | Hits: 61

Sylhet Moulvi Bazar Motor Malik Group and another Vs. Ataur Rahman and others, 2008, 37 CLC (AD)

....ision No.1625 of 2007 pending in the High Court Division. With this observations this petition for leave to appeal is disposed off. Ed. This Case is also Reported in: 16 MLR (AD) (2010) 415. ......ase No.29 of 1994. 2. The facts, in short, are that the suit premises belonged to one Momtaz Ali. The petitioner took lease of the same from him on 01.06.1984 for a period of 10 years at a monthly rent of Tk. 2200/-. Momtaz Ali died giving the suit premises to the opposite parties by a wasiyatnam..

Category: Property Law | Date: | Hits: 58

Mostafa Kamal Vs. Md. Nasir Ahmed and others, 2008, 37 CLC (AD)

....ed of. In view of the above, we find no merit in the appeal. Accordingly, the appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: 16 MLR (AD) (2010) 124. ......aintiffs are in possession of the land through the tenants, the defendants, that defendant No.1 upon executing an agreement of tenancy for 5 years entered into the hut in holding No.1075 at a monthly rent of Tk.100.00, that defendant having not cleared the rent, a suit, being no.22 of 1975, was file..

Category: Property Law | Date: | Hits: 64

MA Hashem Vs. Shamsul Kabir Humayun Reza and anothers, 2011, 40 CLC (HCD)

....or or defect in the decisions on merit. Thus, the appeals having no merit, its fail. In the result, all these appeals are dismissed. Ed. This Case is also Reported in: 16 BLC (2011) 830. ......o be the heirs of Shamsul Kabir Humayun Reza of Bara Mogbazar for declaration that their father was the real allottee and for permanent injunction. Although afore­said three suits are for three different distinct reliefs but the parties allowed disposing of the suits on the basis of oral evidence o..

Category: Property Law | Date: | Hits: 100

Shah Alam and others Vs. Masuma Khatoon and others, 1993, 22 CLC (HCD)

....o merit in this appeal. In the result, the appeal is dismissed with cost and the judgment and decree of the court below is affirmed. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 541.......he said sale deed and made over khas possession of said land to the said purchaser plaintiffs. Thereafter the plaintiffs got their names mutated with the Government Tahsil office and have been paying rents since 1367 BS and onwards under separate rent receipts Ext. 4 series. The said CS plot No.313 ..

Category: Property Law | Date: | Hits: 55

Hemayetuddin and others Vs. Md. Shahjahan Miah and others, 2009, 38 CLC (HCD)

....Court at the time of issuance of the rule is hereby vacated. Lower Court's records be sent down at once with a copy of the judgment. Ed. This Case is also Reported in: 16 MLR (HCD) (2011) 242.......tharghata measuring 13.73 acres of land belonged to Afezuddin in eight annas share and Mominuddin owned seven annas share and Mati Bibi owned one anna share. Afezuddin sold 2.40 acres of land to different persons and Mominuddin sold 1.60 acres to different persons and Mati Bibi got her .78 acres of ..

Category: Property Law | Date: | Hits: 72

Sher Mohammad and others Vs. Saroda Bala Sen and others, 1993, 22 CLC (HCD)

.... Accordingly the Rule is discharged. The stay granted earlier is hereby vacated. Communicate this order to the lower Court at once. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 527.......No.7 of 1991. 2. Facts, as stated in the petition, in short, are, that the plaintiff opposite party No.1 instituted a suit, being Other Suit No.220 of 1978 for ejectment of a tenant, for arrear of rent and compensation. The suit was renumbered as Other Suit No.40/90 and ultimately when it was tra..

Category: Property Law | Date: | Hits: 50

National Engineers Ltd. Vs. Director, Military Lands and Cantonment Directorate and others, 1991, 20 CLC (HCD)

....ondents in issuing notices? Our answer is in the negative. For the above discussion, the Rule is discharged. No order as to costs. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 144. ......quested for extension of lease for 20 years, But the lease was extended upto 31st March, 1986 by Respondent I by a letter dated 9.3.1986 subject to payment of premium of Tk. 1,48,30,562.00 and annual rent of Tk. 14,83,055.20 contrary to the terms of Agreement, Annexure‑'D' and disproportionate to ..

Category: Property Law | Date: | Hits: 92

A Elahee & Co. Vs. MM Aziz and others, 1991, 20 CLC (HCD)

..... 5,90,540.00 as a part decree. It will not affect them at all because on their own admission bills to an amount of Tk. 21.00 lacs are pending to be paid to the defendant Company by the BADC which is expected to be paid soon but the plaintiff has nothing to fall upon to repay the loan already incurr......cordance with law. In the facts and circumstances of the case, there will be no order as to costs. Send down the LC records at once. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 131...

Category: Civil Law | Date: | Hits: 104

Bangladesh and others Vs. Abdul Aziz, 2011, 40 CLC (HCD)

....revisional power. In the result the revision fails and the Rule is discharged without any order as to cost. Send down the LCR at once. Ed. This Case is also Reported in: 16 BLC (2011) 897.......er of the suit property; that SA khatian was rightly recorded in the name of the Darag Ali @ Moezuddin; that the plaintiff got some of the suit land mutated in his name in SA khatian and that he paid rent of the suit property including other properties till 2001 to the government . It is further sta..

Category: Procedural Law | Date: | Hits: 72

Subodh Ranjan and others Vs. State, 1993, 22 CLC (HCD)

....nd they are acquitted of the charges. The accused appellants be set at liberty at once if not wanted in connection with any other case. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 521.......ble persons the search was conducted but cannot say their names and amongst them 2 were seizure list witnesses. He also stated that in 'Lutfa house' there are 5/6 rooms possessed by Narayan Master on rent and the accused appellants are his relations and that there is a lawn by the side of the gate o..

Category: Criminal Law | Date: | Hits: 75