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Md. Shahed Faruque Vs. Mosammat Matiunnessa Khatun and others, 1973, 2 CLC (AD)

.... passed in F.A. No.56 of 1966, affirming those of the Subordinate Judge, Additional Court, Khulna in Title Suit No. 50 of 1964. 2. The suit was for declaration of the plaintiff's title in the land in suit and for recovery of possession thereof, if found to be out of possession. 3. The ......oner.  Not represented-the Respondents. Civil Petition for Special Leave to Appeal No.21-D of 1971. Judgment AM Sayem CJ. - This Petition for Special Leave to Appeal is against the judgment and decree of the erstwhile High Court of East Pakistan passed in F.A. No.56 of 1......le is discharged. The order of stay granted earlier stands vacated. Office is directed to communicate the order at once. Ed. This Case is also Reported in: 21 BLT (AD) (2013) 144. ..

Category: Procedural Law | Date: 2 Feb, 1973 | Hits: 3

Seru Mia Vs. Fajilatennessa and others, 1973, 2 CLC (HCD)

....i in Title Appeal No. 124 of 1963 by his Judgment and decree dated 16th June, 1965. Against that decision the present appeal was preferred. 2. The plaintiff's case in short is this that suit land belonged to pro-defendant who told it to the principal defendant on 21st Jaistha 1366 B.S. for ......anuary 8, 1973 Result: The appeal is dismissed. Cases Referred to- Ratish Chandra Mridha Vs. Hara Krishana Goldar and others (1963) 13 DLR 634; Sakalaguma Nayudu and another Vs. Chinua Manuswami Nayakar, A.I.R. 1928 (P.C) page 174; Bishweswar Narsabhatta Gaddnda Vs. Durgappa Irap...... is dismissed with cost. The judgment and decree passed by the lower appellate court are hereby affirmed. Ed. This Case is also Reported in: 31 DLR (HCD) (1979)159     ..

Category: Property Law | Date: 8 Jan, 1973 | Hits: 2

Mrs. June Ferguson & others Vs. Ameenur Rasheed Chaudhury and others, 1972, 1 CLC (HCD)

....he receipt of which the First party hereby acknow­ledges, the First party demises to the Second party the Schedule proper­ties comprising the Loobacherra Tea Estate excluding 125 acres of the land whereupon the proprietor's bungalow stands and the adjoining khas paddy lands, and the Seco......ed. Case Referred to- Kant Ram Sil and another Vs. Sumitra Devi and others, 16 DLR Dacca 272; Serbeshwar Das Mohantu Vs. Baishnab Das Mohanta and others, C.A. No. 24. D of 1969;Kazi Shumsuddin Ahmed Vs. Mst Nurtn Nehar, 21 DLR (Dac) 41; Banduru Battuya and others  Vs. Guddutn Chandray......ircumstances of the case, we direct that the suit may expeditiously be disposed of. Sayem,   CJ. — I agree This Case is also Reported in: 27 DLR (HCD) (1973) 1   ..

Category: Property Law | Date: 5 Jul, 1972 | Hits: 0

Laxmi Kanta Roy Vs. Upazila Nirbahi Officer and another, 1992, 21 CLC (HCD)

....azila Munsif, Agailjhara, in Title Suit No.4 of 1984 (Previously TS No. 60 of 1981) should not be set aside. 2. Plaintiff is the petitioner before this Court. It was his short case that the suit land was leased out to the plaintiff and one Azahar Bahadur by the owners of the property in 1351 BS......arties Judgment May 3, 1992. Result: This Rule is made absolute. Cases Referred to- Nittya Gopal Roy Barman Vs. Pran Gopal Nandi and others, 32 DLR 11; Fakir Chand Mia being dead his heirs and legal representatives Asadunnessa and others Vs. Quamaruzzaman and others, 26......eby set aside and those of the trial Court are hereby affirmed. Send down the lower courts record immediately. Ed. This Case is also Reported in: 46 DLR (HCD) (1994) 136.   ..

Category: Property Law | Date: 3 May, 1972 | Hits: 4

Mojibor Rahman Mullick and another Vs. Tobarak Majhi, 1972, 1 CLC (AD)

....owers on certain categories of Magistrates to draw up proceedings thereunder, on being satisfied from a police report or other information as to the likelihood of breaches of the peace concerning any land or water, upon making an order in writing "stating the grounds" of their being so satisfied. Th......scharged with this modification of the impugned order that the last paragraph thereof is deleted. Ed. This Case is also Reported in: ...... the impugned order. The Rule is accordingly discharged with this modification of the impugned order that the last paragraph thereof is deleted. Ed. This Case is also Reported in: ..

Category: Criminal Law | Date: 15 Sep, 1970 | Hits: 76

Mabasir Ali alias Md. Mabassir Ali and another Vs. State, 1970, 1 CLC (HCD)

....n 24.1.66 at 10-30 AM and found the dead body in the field to the south of a house. The place where the dead body was found was 9 miles away from the police station. The dead body was identified by Kalandar Ali PW 4 and others. He also held inquest ever the dead body in presence of the witnesses and......t at liberty forthwith if not wanted in connection with any other matter. Ed. This Case is also Reported in:  24 DLR (HCD) (1972)103 ......eby set aside. We direct that the appellants be set at liberty forthwith if not wanted in connection with any other matter. Ed. This Case is also Reported in:  24 DLR (HCD) (1972)103 ..

Category: Criminal Law | Date: 7 Aug, 1970 | Hits: 50

Most. Renu Begum Vs. Khandoker Enamul Mowla and others, 2011, 40 CLC (HCD)

....case in short is that, the petitioner as plaintiff instituted Title Suit No. 169 of 2003 in the Court of Senior Assistant Judge, Savar, Dhaka for specific performance of contract for sale of the suit land impleading the opposite party Nos.1-3 as defendants, stating inter alia, that defendant No.3 pu......s Case is also Reported in: 21 BLT (HCD) (2013) 58.   ......the suit is hereby decreed. Let a copy of the judgment along with lower Court's record be set down at once. Ed. This Case is also Reported in: 21 BLT (HCD) (2013) 58.   ..

Category: Evidence Law | Date: | Hits: 6

Musammat Nahida Sultana Vs. Md. Bazlur Rahman Khan and others, 2012, 41 CLC (HCD)

....us Case No.75 of 1996 under Section 96 of the State Acquisition and Tenancy Act on the allegation that the opposite party No.3 is a co-sharer by inheritance in the case jote, who transferred the case land to opposite party Nos.1 and 2 by a so-called deed of exchange in order to defeat the right of p...... the appellant Abdus Samad Azad, Advocate—For the respondent No. 1 First Miscellaneous Appeal No.165 of 2011. Judgment Sheikh Abdul AwaK J.— This appeal is directed against the judgment and order dated 28.5.2005 passed by the learned Joint District Judge, 2nd Court (i...... this judgment. 28.  Let a copy of the judgment along with reconstructed case record be sent down at once. Ed. This Case is also Reported in: 21 BLT (HCD) (2013) 32.   ..

Category: Civil Law, Procedural Law | Date: | Hits: 2

M. R. Khan, Chairman of the Board of Governors, Bangladesh National Society for the Blind Vs. Bangladesh and others, 1975, 4 CLC (HCD) Adminis/constitutional

....g Body was entrusted with the following, amongst other, duties. The relevant Clause of Article 31 is quoted below: “(i) To accept donation, contribution subscription endorsement, land, building and other movable and immovable properties for promoting the alms and objects of the ......should be discharged for the reasons stated herein before. Ed. This Case is also Reported in: 27 DLR (HCD) (1975) 602   ......mature stage. Accordingly, the Rule in this petition should be discharged for the reasons stated herein before. Ed. This Case is also Reported in: 27 DLR (HCD) (1975) 602   ..

Category: Constitutional Law | Date: | Hits: 2

Mojibur Rahman Gazi Vs. State, 1993, 22 CLC (HCD)

....ed prisoner Majibur Rahman Gazi are full brothers and they used to live in the same hut. It has been alleged that 10/15 years before the occurrence, informant's father Hakim Gazi sold 5 Gondas of land to Hashem Jamadder but the informant purchased that land from Hashem Jamadder 516 years ago and......for immediate necessary action in accordance with law. Ed. This Case is also Reported in: 46 DLR (HCD) (1994) 423     ......rwarded to the learned Sessions Judge, Jhalakati, for immediate necessary action in accordance with law. Ed. This Case is also Reported in: 46 DLR (HCD) (1994) 423     ..

Category: Criminal Law | Date: | Hits: 2

Abdul Mannan Shah & others Vs. Kafiran Nessa being dead her heirs: Md. Abdul Gofur Shah and others, 1992, 21 CLC (HCD)

....death of plaintiff's husband defendant No.1 began to mis­behave with the plaintiff and asked her to quit the house and stay elsewhere. He also disclosed that he would not deliver crops of her land. He also disclosed to have acquired title to the properties of the plaintiff by way of a deed o......ivision (Civil Revisional Jurisdiction) Present: Syed Fazle Ahmed J Abdul Mannan Shah & others........................................Petitioners Vs. Kafiran Nessa being dead her heirs: Md. Abdul Gofur Shah and others ……………Opposite......y order as to cost. The connected Civil Rule No.1477 (R) 1990 is also discharged without any order as to cost. Ed. This Case is also Reported in: 46 DLR (HCD) (1994) 103.   ..

Category: Evidence Law | Date: | Hits: 7

Md. Kobbat Ail Sikder Vs. Dayal Chandra Biswas and others, 2010, 39 CLC (HCD)

....4 in the Court of Munsif, Sadar Court, Gopalganj against Md. Ruhul Amin Molla and this petitioner as defendants praying for decree of declaration of title and recovery of Khas possession for the suit land described in the schedule to the plaint. The said suit was contested by the said Ruhul Amin Mol......f stay passed earlier is hereby recalled and vacated. Ed. This Case is also Reported in: 18 BLT (HCD) (2010) 305. ......ow affirming those of passed by the trial Court is hereby upheld. The order of stay passed earlier is hereby recalled and vacated. Ed. This Case is also Reported in: 18 BLT (HCD) (2010) 305. ..

Category: Procedural Law | Date: | Hits: 28

Shamsur Rahman Khan & others Vs. Govt. of Bangladesh & another, 1983, 12 CLC (HCD)

....hould not be set aside. 2. Facts, in short, are that the plaintiffs petitioners filed Title Suit No.839/78 in the Court of 2nd Court Munsif, Jessore for a de­claration to the effect that the suit land where, a cattle market sits once in a week is not a hat within the meaning under section 2 of t......er as to costs. Ed. This Case is also Reported in:35 DLR (HCD) (1983) 299. ......ntion of the learned Advocate for the petitioners. In the result, the rule is discharged, how­ever without any order as to costs. Ed. This Case is also Reported in:35 DLR (HCD) (1983) 299. ..

Category: Property Law | Date: | Hits: 19

Abdul Hamid others Vs. Abul Hossain Mir, being dead, his heirs: Abdus Sobhan Mir & others, 1983, 12 CLC (HCD)

....hereafter, Jamiruddin Mir came to reside with his step brother Arman Mir and that both of them acquired sepa­rate independent properties. Subsequently there had been a partition between the superior landlords under the Estate Partition Act in which the personal properties acquired by Arman Mir were......er as to cost. Ed. This Case is also Reported in:35 DLR (HCD) (1983) 295. ......the learned Sub­ordinate Judge, Comilla in a suit for partition. 2. Plaintiffs have alleged that the suit properties belonged to Arman Mir and Jamiruddin Mir and that the two brothers who were in ejmali possession of the properties had 8 annas share each therein. On the basis of geneology throug..

Category: Procedural Law | Date: | Hits: 25

Md. Arif Hossain and others Vs. Bangladesh, 2009, 38 CLC (HCD)

.....1986, 1921 dated 11.03.1986, 1922 dated 11.03.1986 and 1923 dated 11.03.1986 respectively. Thereafter the suit property was ultimately devolved upon Md. Shafat Imtiaj who transferred 0.0108-acres of land to Haji Shamsul Huque on 18.05.2003 and said Haji Shamsul Hoque got approval of the plan from R...... date of receipt of this Judgment and order. Communicate the order at once. Ed. This Case is also Reported in: 30 BLD (HCD) (2010) 212. ......e in possession of the case property. Serajul Islam also died leaving behind his only daughter Shelina Khatun as his legal heir and all of them became the owners in possession of the case property in ejmali. 5. Immediately after liberation of Bangladesh, the aforesaid owner and successors of late..

Category: Procedural Law | Date: | Hits: 24

Bangladesh Environmental Lawyers Association (BELA) Vs. Government of Bangladesh and others, 2010, 39 CLC (HCD)

....tones is damaging the layers of the soil, changing the flows of the rivers and affecting adversely their navigability, increasing the risks of floods and eroding river banks and adjacent agricultural lands. Such havoc of pollution as created by the use of the mechanized excavators is not only causin...... Ministry shall have any say in this regard. There is no order as to costs. Ed. This Case is also Reported in: 30 BLD (HCD) (2010) 185. ...... system of the concerned area intact and that no other Ministry shall have any say in this regard. There is no order as to costs. Ed. This Case is also Reported in: 30 BLD (HCD) (2010) 185. ..

Category: Environmental Law | Date: | Hits: 362

Rezia Begum Vs. Abu Sayed and others, 2006, 35 CLC (HCD)

.... as plaintiff filed Partition Suit No.69 of 2003 in the Court of Joint District Judge, 2nd Court, Chittagong for partition claiming 2/3rd share in the suit property stating, inter alia, that the suit land measuring 1.66 acres under revisional settlement plot No.490 originally belonged to one Jal Fak......HCD) (2009) 471. ......or disposal of Other Suit No.69 of 2003 as expeditiously as possible, preferably within 6 (six) months from receipt of this Judgment. Ed. This Case is also Reported in: 14 MLR (HCD) (2009) 471. ..

Category: Procedural Law | Date: | Hits: 26

Moinuddin & others Vs. State, 2007, 36 CLC (HCD)

....and Farid, who 5/6 minutes after died. This witness also stated that he saw the marks of bullet injury on the chest of his brother Abdul Motlib. This witness denied the defence suggestion that out of land dispute he falsely deposed against the accused persons. 24. P.W.10, Constable Montaz Ali sta...... Let a copy of the Judgment along with the Lower Court's record be sent down at once. Ed. This Case is also Reported in: 13 BLC (HCD) (2008) 67. ......ttal, he is now discharged from his bail bond. Let a copy of the Judgment along with the Lower Court's record be sent down at once. Ed. This Case is also Reported in: 13 BLC (HCD) (2008) 67. ..

Category: Criminal Law | Date: | Hits: 24

Ashek Ali (Md.) and others Vs. Abdul Gaffar & others, 2010, 39 CLC (HCD)

....338 and C-339 covering a area of 7(seven) kathas within Khilgoan mouza appertaining to CS Plot Nos.557 and 559 within the city of Dhaka and after such allotment the delivery of possession of the said land was made over in favour of Nazar Ali on 20-11-74, thereafter on 29-9-81 Nazar Ali entered into ......e. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 384. ......ordinate Judge, (Arbitration), Dhaka in Title Suit No.73 of 1997 is hereby set aside. Send down the lower Court's record at once. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 384. ..

Category: Civil Law | Date: | Hits: 133

Sunil Kumar Ghosh & others Vs. State & others, 1986, 15 CLC (HCD)

....Kumar, predecessor of plaintiff No.3 being the sons of one Debendra Nath Ghose inherited 3/5th share of the property left by him. Before his death Debendra Nath purported to make a gift of his entire land in favour of plaintiff Nos.1, 2 and Arun Kumar and put them in possession thereof. Arun Kumar h......The State & others……………………………………………………Opposite-Parties Judgment September 17, 1986. Result: The Rule is made absolute. Cases Referred to- Province of East Pakistan Vs. AKM Razaul Karim, 21 DLR (Dhaka) 493; Bangladesh Enemy Property Management......red by limitation and that the property in suit was inherited by the plaintiffs and that even if it be found that some of the heirs of co-shares of the holdings are living in India the property being ejmali could not be leased out to others without any partition and hence the impugned proceedings ar..

Category: Property Law | Date: | Hits: 64