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Golam (Md.) Abdul Awal Sarker and others Vs. State, 1996, 25 CLC (HCD)
....also deposited Taka 35,175.00 as approval from for the same. Ultimately RAJUK on 5‑10‑93 rejected his application for approval. During enquiry it was detected that the petitioner No.1 was the owner of only 3‑3/4 kathas of land and that petitioner No.1 created 9(nine) forged documents in co......upon the Deputy Commissioner, Dhaka to show cause why the proceeding being Special Case No.136 of 1994 pending against the accused petitioners in the Court of the Additional Sessions Judge, 5th Court and Special Judge, Dhaka arising out of Gulshan PS Case No.17 dated 5-1-94 under sections 467/468/47......th Court, Dhaka, is quashed. The order of stay granted earlier by this Court is hereby vacated. Send down the lower Court records. Ed. This Case is also Reported in: 49 DLR (HD) (1997) 95. ..Category: Criminal Law | Date: | Hits: 105
Faiz Ahmed Chowdhury Vs. Arif Ahmed, 1994, 23 CLC (HCD)
....Nibaran Chandra died leaving behind 4 sons, namely, Mukunda Chandra Ganguli, Nirmal Chandra Ganguli, Nipendra Chandra Ganguli and Nirode Ganguli and on amicable arrangement Mukunda Chandra became the owner of the other property and the other three brothers became owners of the suit property. The 3 b......if Ahmed…………………………………………Opposite Party Judgment June 22, 1994 Result: The rule is discharged. Cases Referred to- Mohammad Salim Vs. Md. Siddick Jamal and others 22 DLR 841; Ahmed Shan Khan Vs. Abdul Barkat;11 DLR 427; Abdul Khalek Mia Vs. Maya Debi a......order as to costs. The stay granted earlier by this court is hereby vacated. Communicate this order to the court concerned at once. Ed. This case is also Reported in: 49 DLR (HD) (1997) 89...Category: Property Law | Date: | Hits: 59
Sk. Helal Uddin and another Vs. State, 2010, 39 CLC (HCD)
....as purchased by his wife, appellant No.2. PWs-25-26 also did not say that the cargo-vessels were purchased by appellant No.1 in the name of appellant No. 2; rather they specifically asserted that the owner of the vessels was appellant No.2. Thus, the charge was further framed on the perverse allegat......16 MLR (HCD) (2011) 286, 16 BLC (HCD) (2011) 444, 8 LG (2011) HCD 342. ......ective appellants. The office is directed to send down the L.C. Records immediately. Ed. This Case is also Reported in: 16 MLR (HCD) (2011) 286, 16 BLC (HCD) (2011) 444, 8 LG (2011) HCD 342. ..Category: Criminal Law | Date: | Hits: 108
Abu Taleb Vs. State, 1988, 17 CLC (HCD)
....e bus the dacoits got down from the bus. After the departure of the dacoits the complainant drove the bus speedily with the passengers to the bus stand at Sirajgonj and narrated the occurrence to the owner of the bus and other owners of the buses finding them in their office. Thereafter the complain...... Taleb………………………..Appellant Vs. State.....................Respondent Judgment November 30, 1988. Result: The appeal is allowed. Cases Referred to- Safar Ali and others Vs. The state, 36 DLR 185; Munowar Ahmed Vs. The State, 8 DLR (SC) 157; Abul Hossain Mia ......e set at liberty forthwith, if not wanted in connection with any other case. Let the lower Court records be sent down immeÂdiately. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 239...Category: Criminal Law | Date: | Hits: 84
Sirin Begum Vs. District Magistrate & another, 1989, 18 CLC (HCD)
.... so that it may satisfy itself that the detenu is not beÂing held in custody without lawful authority or in an unlawful manner. 3. The petitioner has stated in her petition that the detenu is the owner of two shops at Goshala BaÂzar within Lalmonirhat Municipality dealing in food grains and gar......Khan, 18 DLR (SC) 1966 page 214; 27 DLR 567; DLR 48; 40 DLR 21; 38 DLR 93 (RL. 101); Anwar Hossain Vs. Government of Bangladesh, 30 DLR 423; Sultan Ara Begum Vs. SecÂretary, Ministry of Home Affairs and others, 38 DLR 1986 page 93. Lawyers Involved: M. Taleb Ali, Advocate - For the Petitioner......arter), P.S. and District Lalmonirhat be set at liberty from Jail custody forthwith, if not wanted in connection with any other case. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 235. ..Category: Criminal Law | Date: | Hits: 66
Abdul Jalil Khondaker & others Vs. Mohd. Mokan & others, 1988, 17 CLC (HCD)
....ableÂness of the customary right which is an important question remains unsolved. The learned Court below also did not consider whether the user of the water reservoir was with the permission of the owner thereof. If appears that both the bazar and the suit water reservoir belonged to one and the s...... March 30, 1988. Result: The appeal be allowed. Cases Referred to- Tofail Ahmed Vs. Ahmed AIR 1938 Nag 177; Gopal Krishna Sil, 34 CLJ 319; Gopal Krishna Sil. Vs. Abdus Samad Chowdhury and others, 34 CLJ 319; Shafatullah and others Vs. Munshi Ainuddin and others, PLD 1964 (Dac.) 52, A......nd to the appellate Court for fresh decision in the light of observation made in the body of the judgment and in accordance with law. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 228. ..Category: Property Law | Date: | Hits: 58
Tajidullah & others Vs. Sona Miah & others, 1986, 15 CLC (HCD)
....amp; 7 are said to have gone into possession in 1356 B.S. corresponding to 1949. But D.W.2 Akram Ullah has demolished their case by staling that after their migration to Calcutta in 1947 the original owners never came back to this part of the country. This falsifies the story of having been inducted......llants. B.K. Das with Miftahuddin Chowdhury, AdvoÂcates - For the Respondents. Second Appeal No. 314 of 1973. Judgment Abdul Bari Sarker J.- This appeal is directed against the judgment and decrees passed by Mr. K.M. Hossain, Additional District Judge, Second Court, Sylhet in Title ApÂ......ill be at liberty to amend the pleadings and adduce fresh evidence, if so desire. There will be no order as lo costs of this appeal. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 223...Category: Property Law | Date: | Hits: 66
....R.S. Khatian No. 390 of Mouza Shahar Dhaka in 1951 to the extent of 66 acres and in 1955 to the extent of .6 acres by registered sale deeds and since then she had been enjoying and performing acts of ownership and possession by residing in the house, paying rents and taxes to the Government and othe.......4.86 (Annexure E) so far as it relates to the petitioner's house at serial No. 41 under the heading "Motijheel Commercial Area" shall not be declared to have been passed without any lawful authority and to be of no legal effect.
2. The petitioner staled that she purchased the land measuring .70 ......tioner may avail of any other alternative remedy as advised.
The Rule is, therefore, discharged but without any order as to costs.
Ed.
This Case is also Reported in: 41 DLR (HCD) (1989) 193.
..
Category: Property Law | Date: | Hits: 171
AY Masihuzzaman Vs. Shah Alam & others, 1989, 18 CLC (HCD)
....est and hardÂworking lawyer and had appeared in a number of casÂes both in the High Court and in the Court before the District Judge. The petitioner's mother along with his brothers and sisters are owners in joint posÂsession of 33 acres of land in R.S. Plot No. 341 of CS Khatian No. 315 and RS K...... Alam & others..............................Opposite Parties Judgment January 23, 1989. Result: The Rule is made absolute. Cases Referred to- Sukra Mahto Vs. Basudeo Kumar Mahto and another, AIR 1971 (SC) 1567; Ayeasha Bi Vs. Pear Khan Sahib, AIR 1954 (Mad). 741; Mohammad Isa V......it need be decided at an early date. Send down the records at once to the learned Court of Chief Metropolitan Magistrate, DhaÂka. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 180. ..Category: Criminal Law | Date: | Hits: 77
Siddiqur Rahman Vs. State, 1988, 17 CLC (HCD)
.... such direction, unless for reasons to be reÂcorded in writing is of opinion that the direction should not be made in respect of the whole, or, as the case may be, a part of the property. (2) The owner of any vessel, conveyance or animal carrying any property in respect of which an order under s...... Ahmed, Advocate - For the State. Criminal Appeal No.31 of 1987. Judgment Muhammad Ansar Ali J.- This appeal under Section 30 of the Special Powers Act, 1974 is directed against the judgment and order dated 28.2.87 passed in Special Tribunal Case No.57 of 1984 by Mr. M. Jafar Ahmed Mina, As......against him. We direct that the appellant be set at liberty at once, if not wanted in any other case. Send down the records at once. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 173. ..Category: Criminal Law | Date: | Hits: 74
Ayub Ali (Md) Vs. Abdul Khaleque, 2004, 33 CLC (HCD)
.... decision in the case of Abdullah‑Al‑Mahmud @ Ripon Vs. State reported in 6 MLR (AD) 259 it was observed by their Lordships- "The High Court Division considered the evidence of 2 PWs. PW 1 the owner of the shop proved the first information report Exhibit 1 and the prosecution's case. PW 2 who......aneous Case No. 1209 of 1995. Judgment Sheikh Rezowan Ali J. - On an application by the convict petitioner, namely Md. Ayub Ali a Rule was issued calling upon the Deputy Commissioner Chittagong and the complainant opposite party No. 1 to show cause as to why the proceedings of CR Case No. 1017......Court below to undergo the remainder of the punishment and sentence. Sent down the LCR along with a copy of this judgment expeditiously. Ed. This Case is also Reported in: 56 DLR (2004) 489. ..Category: Criminal Law | Date: | Hits: 87
Kamaluddin and others Vs. Abdul Aziz (Md.) and others, 2004, 33 CLC (HCD)
....dated 01‑09‑96 and 03‑09‑96 vide deed Nos. 8882 and 8984 of the case land fully described in the schedules to the plaint. 3. Case of the preemptors, in short, was that one Tabarakullah was owner in possession in 2.10 acres of land to the extent of 14 annas interest while his mother Ayesha......is Case is also Reported in: 56 DLR (2004) 485.......e trial Court. The respondents would be entitled to withdraw the money deposited in Court by the preemptors. Send down the record at once. Ed. This Case is also Reported in: 56 DLR (2004) 485...Category: Property Law | Date: | Hits: 71
Chitta Ranjan Mistry and others Vs. Radheshyam Mistry and others, 2002, 31 CLC (HCD)
....ant provisions of the Hindu Law, namely, sections 181A and 181B. "181. Alienations by widow.‑ A widow or other limited heir has no power to alienate the estate inherited by her from the deceased owner except for the following purposes, namely; (I) Religious or charitable purposes (S181A) ...... maintained. Ed. This Case is also Reported in: 56 DLR (2004) 468.......ny substance in the Rule. Accordingly, this Rule is discharged without any order as to costs. The impugned judgment and decree is maintained. Ed. This Case is also Reported in: 56 DLR (2004) 468...Category: Property Law | Date: | Hits: 65
....the Suit to the additional Court of Munsif, it was re‑numbered as Title Suit No.14 of 1986 and the learned Munsif decreed the suit for specific performance of contract ex parte against the original owner by the judgment and decree dated 26.7.1986. The petitioner obtained the delivery of possession......y of Works & others…………………..Respondents
Judgment
July 29, 1993.
Result:
The Rule is discharged.
Cases Referred to-
Rahela Khatoon Vs. Chairman, Court of Settlement and others, 45 DLR 5; Hosne Ara Begum Vs. Chairman, Court of Settlement and another, Civil Petition ......' list of Gazette notification as the abandoned property.
In the result, the Rule is discharged but without any order as to costs.
Ed.
This Case is also Reported in: 45 DLR (HCD) (1993) 746.
..
Category: Property Law | Date: | Hits: 81
Madina Vegetable and Oil RefiÂnery Industries (Private) Limited Vs. M T Dolores, 1993, 22 CLC (HCD)
....he ship is to be released from arrest and the plaint must be rejected. He relied upon section 6. Section 6 is as follows: "The High Court of Admiralty shall have jurisdiction over any claim by the owner or consignee or assignee of any bill of lading of any goods carried into any port in England o...... no costs. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 740. ......sistance rendered to me by the learned Counsels in deciding the case. In the facts and circumstances of the case I award no costs. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 740. ..Category: Admiralty Law or Maritime Law | Date: | Hits: 383
Rafia Begum Vs. Afroza Bewa and others, 2004, 33 CLC (HCD)
....e her title in the suit land and there is no reason of interfering with the impugned judgment and decree. 9. Undisputedly, the appellant was the second wife of the deceased original defendant, the owner of the suit land. It is also an admitted fact that the deceased defendant constructed a buildi......ourt High Court Division (Civil Appellate Jurisdiction) Present: SM Dastagir Husain J AKM Fazlur Rahman J Rafia Begum..................... Plaintiff-Appellant Vs. Afroza Bewa and others..............Defendants Respondents Judgment April 20, 2004. Result: The appe......and decree appealed from is hereby affirmed. Send down the lower court’s records at once with a copy of this judgment for information. Ed. This Case is also Reported in: 57 DLR (2005) 48. ..Category: Property Law | Date: | Hits: 63
A Halim (Md.) Vs. Mafijul Islam Tarafder alias Kalu and others, 2004, 33 CLC (HCD)
.... maintainable in a joint jote was however, erroneous. Under section 42 of the Specific Relief Act such a suit is competent and "Where the land in dispute is part of a joint Khata and the plaintiff is owner of it, a suit of this nature is maintainable. (AIR 1917 Lah 423, AIR 1921 Lah 156, AIR 1930 (A......urt High Court Division (Civil Revisional Jurisdiction) Present: Abdus Salam Mamun J A Halim (Md.)...............................Petitioner Vs. Mafijul Islam Tarafder alias Kalu and others…….......Opposite Parties Judgment April 27, 2004. Result: The Rule is mad......er vacant possession of the suit land to the plaintiff within 30(thirty) days from this date. Send down the lower courts records at once. Ed. This Case is also Reported in: 57 DLR (2005) 43. ..Category: Property Law | Date: | Hits: 80
Shahid Ali (Md.) and others Vs. Reza Mohammad & others, 2003, 32 CLC (HCD)
....mption application. He submits that the purpose of section 96 of the said Act is to disallow strangers from holding land, but the pre-emptee is not a stranger, rather he is an admitted contiguous landowner. Therefore, courts below have erred in law in insisting on an application from him for proport...... expeditiously. Ed. This Case is also Reported in: 57 DLR (2005) 39. ......y. Communicate the order to the courts below at once. Also send down the lower Court's records with a copy of this judgment expeditiously. Ed. This Case is also Reported in: 57 DLR (2005) 39. ..Category: Property Law | Date: | Hits: 79
One Bank Limited and others Vs. Chaya Developer (Pvt.) Limited and others, 2011, 40 CLC (AD)
.... The title deed of the land had been deposited with the Trust Bank, Gulshan Corporate Branch, Dhaka as equitable mortgage to secure credit facilities. The petitioner company, writ respondent No.4 the owner of the properÂty, and Trust Bank entered into a tripartite agreement whereby the petitioner m......Mahmud Hossain J Muhammad Imman Ali J Md. Shamsul Huda J One Bank Limited…………................Petitioner (In Civil Petition No.620 of 2011) Vs. Chaya Developer (Pvt.) Limited and others................Respondents (In Civil Petition No. 620 of 2011) Chaya Developer (Pvt.)......hereafter, the respondents are directed to file the concise statement within 1 (one) week to make the appeal ready for expeditious hearing. Ed. This Case is also Reported in: VIII ADC (2011) 963...Category: Civil Law | Date: | Hits: 59
....and recovery of possesÂsion of the suit land described in the schedule to the plaint.
3. The case of the plaintiff, in short, was that he along with Khirode Chandra Dey who were cousins, were the owners of schedule-1 and 2 land. Khirode Chandra Dey died unmarried and consequently his father Purn......ana J
Syed Mahmud Hossain J
Muhammad Imman Ali J
Muhammad Mamtaz Uddin Ahmed J
Md. Shamsul Huda J
Roy Mohan Dey ........................................Appellant
Vs.
Jogesh Chandra Dey being died his legal heirs: Snehabala Dey and others............................................ and decisions of the High Court Division and in the circumÂstances this appeal be dismissed on conÂtest without any order as to costs.
Ed.
This Case is also Reported in: VIII ADC (2011) 921.
..
Category: Property Law | Date: | Hits: 49
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