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.... of khas possession after ascertaining the plaintiffs’ title to the suit land which is an undivided dwelling house.
3. The plaintiffs’, case, in short, is that one Abdul Gafur was the original owner of the Suit plot and he sold the same to defendant Nos. 1 to 4, who were brothers on 31-10-32.......maintained.
Ed.
This Case is also Reported in: 50 DLR (HCD) (1998) 156.
......down the lower Court records immediately.
Cost assessed by the lower Court in respect of the share of the suit land is maintained.
Ed.
This Case is also Reported in: 50 DLR (HCD) (1998) 156.
..
Category: Property Law | Date: | Hits: 63
Bainchitala Islamia Junior Madrasha Vs. Md. Abdur Rashid & others, 1997, 26 CLC (HCD)
....intiff petitioner before this Court which was registered as Civil Revision No.3602 of 1991 and the Rule in that revisional application was made absolute on finding that the said Badaruddin is not the owner of the suit property and against that order an appeal was preferred before the Appellate Divis......ment March 2, 1997. Result: The Rule is made absolute. Cases Referred To- PLD 1974 (Lahore) 312; 22 DLR 500; 42 DLR 481; 32 DLR (AD) 96; PLD 1974 (Lah) 312. Lawyers Involved: HN Nandi, Advocate - For the Petitioner. A Salam Khan, Advocate - For the Opposite Parties. Civil......henidah in Miscellaneous Appeal No.54 of 1995 is set aside and the application dated 22-2-95 filed by the opposite parties is rejected. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 153...Category: Property Law | Date: | Hits: 55
Shahnewaz Karim (Md.) Vs. State, 2009, 38 CLC (HCD)
....im regarding which an offence appears to have been committed or which appears to have been used for the commission of the offence. However, the Magistrate has no power to investigate or to decide the ownership of the rival claimants of the property. The only consideration is of possession of the pro......stigate or to decide the ownership of the rival claimants of the property. The only consideration is of possession of the property at the time of commission of the alleged offence has to be gone into and decided before passing an order for the custody of the said property. Where the question is the ......t the time of its recovery and who has not committed any offence in respect thereof to make its possession unlawful. 13. As observed above, we should at least see as to who is the actual owner and possessor of the taxi cab on the date of alleged occurrence. It appears from the supplementary affid..Category: Criminal Law | Date: | Hits: 110
Azad Hossain (Md) Vs. State, 2003, 32 CLC (HCD)
.... Dinajpur Town and allegedly recovered some foreign print sarees as described in the seizure list. Subsequent to the preparation of the seizure list, signatures of the witnesses were obtained but the owner of the shop was not found present at the time of seizure. The informant after depositing the s....... - The petitioner Md. Azad Hossain obtained this Rule under section 561A of the Criminal Procedure Code calling upon the Deputy Commissioner, Dinajpur to show cause as to why the petitioner arrested and now kept under custody to suffer the sentence passed on 17‑6‑2001 by the Special Tribunal No......with the Special Tribunal Case No. 41 of 1996 immediately, if not wanted in connection with any other case. Communicate the order at once. Ed. This Case is also Reported in: 56 DLR (2004) 602...Category: Criminal Law | Date: | Hits: 73
Al Baraka Bank Bangladesh Ltd. Vs. Rina Alam and another, 2004, 33 CLC (HCD)
....uced by the plaintiff were marked Exhibit 1 to 7 while those of the defendant bank marked Exhibits A to O. The plaintiff as PW 1 testified in support of the plaint case. She stated that she became owner in possession of the suit land by deed No. 788 dated 8-9‑72 comprising of plot No.77, Road...... High Court Division (Civil Appellate Jurisdiction) Present: Md. Abdur Rashid J Siddiqur Rahman Miah J Al Baraka Bank Bangladesh Ltd ....................Appellant Vs. Rina Alam and another............Respondents Judgment April 12, 2004. Result: The appeal is dismis......ffirmed. The bank is directed to return the schedule document within seven days of receipt of this judgment. Send down the LCR at once. Ed. This Case is also Reported in: 56 DLR (2004) 588...Category: Civil Law | Date: | Hits: 109
Mantu Faraji alias Jamal Faraji and others Vs. Mahiuddin Khan, 1996, 25 CLC (HCD)
....l land. Here it may be mentioned that there is specific provision for pre-emption of non-agricultural land in the East Bengal Non-Agricultural Tenancy Act (XXIII) of 1949. Under that Act a contiguous owner can not claim a right of pre-emption. After review of relevant provisions of the East Bengal S...... This Case is also Reported in: 50 DLR (HCD) (1998) 147. ...... is a raiyati land within a village and so section 96 of the Act is attracted. In the result, the Rule is discharged without cost. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 147. ..Category: Property Law | Date: | Hits: 70
NFM Universeum Estate Ltd. Vs. ANM Obaidul Islam and others, 2004, 33 CLC (HCD)
....not see him personally possessing the suit land. The Waqf Administrator informed that the suit land was not included in the existing waqf. He was not aware whether there was any partition amongst the owners of plot No. 158. He did not make parties all the owners of the plot. To cross-examination ......t High Court Division (Civil Appellate Jurisdiction) Present: Md. Abdur Rashid J Syed ABM Huq J NFM Universeum Estate Ltd. .....................Appellant Vs. ANM Obaidul Islam and others......... Respondents Judgment April 20, 2004. Result: The appeal is dismissed......rocedure for using said deed in the suit knowing it to be forged and fraudulent for criminal prosecution. Send down the records at once. Ed. This Case is also Reported in: 56 DLR (2004) 563. ..Category: Property Law | Date: | Hits: 85
Shamir Ghosh Vs. Government of Bangladesh and others, 2004, 33 CLC (HCD)
....lam Khan, the learned Advocate for the petitioner, submits that the cancellation of licence was made by the defendants at the instance and influence of one Birendra Chandra Roy who claimed their co‑ownership of the premises. He further submits that the cancellation order in the garb of Rule 22 of ......reme Court High Court Division (Civil Revisional Jurisdiction) Present: Mir Hashmat Ali J Shamir Ghosh……………Petitioner Vs. Government of Bangladesh represented by the DC and others...............Opposite Parties Judgment February 17, 2004. Result: The Rule i......s. Accordingly, the trial Court is directed to dispose of the suit preferably within 3(three) months from the date of receipt of the order, Ed. This Case is also Reported in: 56 DLR (2004) 560. ..Category: Property Law | Date: | Hits: 62
....nt that the aforesaid kabala deeds are forged and fraudulent and have been registered through impersonation.
Plaintiff examined himself and 3 others including the deed writer and a contiguous land owner of the suit land. The defendant, on the other hand, examined only 1 witness who was the VP Tah......urt
High Court Division
(Civil Revisional Jurisdiction)
Present:
Kazi AT Manowaruddin J
Binode Bihari Ghose………………Plaintiff-Petitioner
Vs.
Assistant Custodian, Vested and Non-Resident Property and others……………Defendant-Opposite Parties
Judgment
January...... The judgment and the decree passed by the trial Court are upheld.
There shall be no order as to costs.
Let the LCR be sent down.
Ed.
This Case is also Reported in: 50 DLR (HCD) (1998) 134...
Category: Property Law | Date: | Hits: 56
Nirman International Ltd. Vs. Islam Steel Mills Ltd. and others, 1997, 26 CLC (HCD)
....ere a claim to the property attached is made without holding investigation the order of attachment cannot be set aside as the same requires investigation. He further contends that if appellant is not owner of the property attached and the bills there is no reason for it to file this appeal. 7. Be......ourt Division (Civil Miscellaneous Jurisdiction) Present: AM Mahmudur Rahman J Md. Nurul Islam J Nirman International Ltd…………………Appellant Vs. Islam Steel Mills Ltd. and others……………………Respondents Judgment February 5, 1997. Result: The app...... learned brother has already discussed and observed very clearly the legal aspect on this point in view of case laws cited before us. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 125. ..Category: Procedural Law | Date: | Hits: 118
.... 5.10.97 and defendant No.2, Monjur Ahmed transferred his share to plaintiff No.5, Md. Abdul Wadud by executing a registered deed dated 7.9.98 and accordingly, the plaintiff Nos. 1-5 became exclusive owner of the suit land; that entire land of the suit plot including the structure thereon was requis......azzam Husain J
Government of Bangladesh, represented by the Deputy Commissioner, Sylhet..................Defendant No.1-Appellant-Petitioner.
Vs.
Syed Rashid Ahmed Ehsan @ Syed Abdur Rashid and others................Plaintiff- Respondent-Opposite parties.
Judgment
August 19, 2010.
......er of stay granted earlier by this Court stands vacated. Let a copy of the judgment along with lower Courts record be sent down at once.
Ed.
This Case is also Reported in: 16 MLR (HCD) (2011) 49...
Category: Property Law | Date: | Hits: 64
Debesh Chandra Bhattacharya and others Vs. Government of Bangladesh and others, 2004, 33 CLC (HCD)
....Court of Bangladesh on 29‑2‑2000 in Civil Petition for Leave to Appeal No. 79 of 1996. 2. The facts leading to the issuance of the Rule, in brief, are: Ruhini Kanta Lahiri Chowdhury was the owner of the case properties. He filed Other Class Suit No. 319 of 1979 renumbered, as OC Suit No. 2...... costs. Ed. This Case is also Reported in: 56 DLR (2004) 525. ......h the observation that this judgment will have no bearing on the fate of the Partition Suit/Appeal . There will be no order as to costs. Ed. This Case is also Reported in: 56 DLR (2004) 525. ..Category: Property Law | Date: | Hits: 67
Animal Protection Society Chittagong Vs. Laxman Chadra Das & others, 2003, 32 CLC (HCD)
....cted the plaint on the view that the suit was barred under sections 43/44 of the Ordinance. 4. Mr. Subrata Chowdhury, the learned advocate for the appellant, submits that the plaintiff society was owner in possession of the suit land. The suit land was acquired and an award was made in the names ..............Respondents Judgment October 22, 2003. Result: The appeal is allowed. Lawyers Involved: Subrata Chowdhury, Advocate ‑ For the Appellant. Mahbubay Alam with AM Aminuddin and Samarendra Nath Biswas, Advocates ‑ For Respondent No. 1. Firojur Rohman, Assistant Attorne......he deposit account of the Public Account of the Republic as provided under section 10(2) of the Ordinance. Send down the record at once. Ed. This Case is also Reported in: 56 DLR (2004) 522. ..Category: Property Law | Date: | Hits: 61
Sardar Jan Mohammad and another Vs. Lutfannessa and others, 2004, 33 CLC (HCD)
.... 8. On 6‑5‑92 the suit was instituted for specific performance of a contract. It is averred in the plaint that one Giasuddin Ahmed, a former joint secretary of the Government of Bangladesh, was owner in possession of the suit property. The property is fully described in the schedule to the pla......his Case is also Reported in: 56 DLR (2004) 514. ......side. Learned Subordinate Judge is directed to hear and dispose of the Suit in accordance with law, expeditiously. Send down the record. Ed. This Case is also Reported in: 56 DLR (2004) 514. ..Category: Property Law | Date: | Hits: 61
Lalit Kumar Roy and 2 others Vs. Krishnapada Biswas & others, 2002, 31 CLC (HCD)
....ed the suit for partition simpliciter of the suit land measuring about 10.15 acres for a separate joint share of about 6.10 acres. The plaint case, in short, is that one Paban Mondal was the original owner in possession of the suit land. Without a son, he died leaving three daughters, namely, Boro P......This Case is also Reported in: 57 DLR (2005) 80. ......held. Order of status quo as granted at the time of issue of the Rule on 16-8-99 is recalled and vacated. Send down the records at once. Ed. This Case is also Reported in: 57 DLR (2005) 80. ..Category: Property Law | Date: | Hits: 64
Abdul Hannan Chowdhury and Asgar Hossain Vs. Shamsul Huq Sikder and the State, 1989, 18 CLC (HCD)
....t in the instant case, the defence has taken the plea of lack of knowledge as to the-adulterated nature of the drugs. It has been stated in 342 statement by the accused that the appellant No.1, the owner of the Drugs Store used to purchase medicine from the whole sale market and also from the medi......o Reported in: 41 DLR (HCD) (1989) 246. ......bt and they are released from their bail bonds immediately. The appeal is therefore, allowed. Send down the L.C. records at once. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 246. ..Category: Criminal Law | Date: | Hits: 83
Maulana Abdul Motin & others Vs. Shah Alam Bhuiyan & others, 1989, 28 CLC (HCD)
....covery of khas possession. The plaint case is that the suit land measuring .13 decimals of land out of C.S. plot No.1566 comprising a total area of 2.30 acres. One Chandra Mondal was the original owner of the suit plot who sold it to Rahim Box Bepari and Rahim Box possessed it for some time an................Petitioners Vs. Shah Alam Bhuiyan & others............Opposite Parties Judgment February 9, 1989. Result: The Rule is discharged. Lawyers Involved: Md. Akkas Ali and S.R. Karmaker, Advocates - For the Petitioners. Wahidul Momen Chowdhury, Advocate - For the O......scharged without any order as to costs. The stay order granted by this Court staying all further proceeding in title suit is vacated. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 243. ..Category: Procedural Law | Date: | Hits: 82
....amples of first and second consignments. According to the petitioner, samples were taken and dispatched to different testing centres in Bangladesh behind the back and in the absence of the petitioner-owner. At the request of the petitioner Customs authorities cleared first and second consignments un......t.
Ed.
This Case is also Reported in: 50 DLR (HCD) (1998) 79.
......the above facts and circumstance we find no merit in this Rule.
In the result, the Rule is discharged without any order as to cost.
Ed.
This Case is also Reported in: 50 DLR (HCD) (1998) 79.
..
Category: Fiscal/Taxation Law | Date: | Hits: 117
GD Alesio, Livorno, Italy Vs. MV Hawai Splendour & Others, 1996, 25 CLC (HCD)
.....1 & 2 (In Admiralty Suit No.13 of 1996). Admiralty Suit No.33 of 1995 with Admiralty Suit No.13 of 1996. Judgment Kazi AT Manowaruddin J. - These two applications have been filed by the owner of the vessel MV Hawai Splendour under section 34 of the Admiralty Court Act, 1861 for obtaini......ates‑For the defendant (In Admiralty Suit No.33 of 1995). Dr. M Zahir with Md. Muniruzzaman Khan Advocates‑For the Plaintiff (In Admiralty Suit No.13 of 1996). M Hafizullah with SK Siddique and Al-Amin Sarker, Advocates‑For the Defendant Nos.1 & 2 (In Admiralty Suit No.13 of 1996). ......6 shall proceed independently. Both the applications under section 34 of the Admiralty Court Act, 1861 are, accordingly, disposed of. Ed. This case is also Reported in: 49 DLR (HD) (1997) 122...Category: Admiralty Law or Maritime Law | Date: | Hits: 353
Fatema Khatoon Vs. City Bank Ltd. and others, 1996, 25 CLC (HCD)
....3. In the plaint mortgaged properties have been described in (ka), (Kha), and (Ga) schedule stating that late Jaidhar Ali, defendant No.3 Hazrat Ali and defendant No.9 Abdul Awal are the respectively owners thereof. 4. Petitioner Fatema Begum wants to be added as a defendant in the suit on the al......al Jurisdiction) Present: Md. Gholam Rabbani J M Bazlur Rahman Talukder J Fatema Khatoon……………………………………………………….Petitioner Vs. City Bank Ltd. and others………………………………………..Opposite parties Judgment August 25, ......er is set aside. Application dated 1‑11‑94 of the petitioner Fatema Khatun in allowed and she is added as a defendant in the suit. Ed. This case is also Reported in: 49 DLR (HD) (1997) 117. ..Category: Procedural Law | Date: | Hits: 67
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