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Sadharan Bima Corporation Vs. M V Birba and others, 1991, 20 CLC (HCD)
....adras and there it met with an accident. It is alleged that in order to save the vessel, it had to jettison 100 drums of palm oil and then after about 8 months and few days it reached Chittagong. The owner of the vessel, after the alleged jettisoning, declared general average. The present plaintiff ......DLR (HCD) (1992) 171.......cessary correction in clause (1) of rule 3 of Order XLIX of the Code of Civil Procedure by inserting clause (b) instead of clause (d). Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 171...Category: Admiralty Law or Maritime Law | Date: | Hits: 315
Md. Bande Ali Miah Vs. Chief Engineer, Housing and Settlement, 2011, 40 CLC (AD)
....st of the petitioners, as plaintiff, filed Title Suit No.61 of 1999 against the respondents for perpetual injunction. 3. The case of the plaintiff, in short, was that Zayor Bibi was the original owner of the "Ka" schedule land mentioned in the plaint. In 1959-60 vide L.A. Case No.13 the defenda...... Present: Surendra Kumar Sinha J Md. Abdul Wahhab Miah J Nazmun Ara Sultana J Syed Mahmud Hossain J Muhammad Imman Ali J Muhammad Mamtaj Uddin Ahmed J Md. Shamsul Huda J Md. Bande Ali Miah being dead his heirs: 1(a) Payesy Begum and others .........Petitioners Vs. The ......leave to appeal, therefore, does not merit any consideration. In the circumstances this civil petition for leave to appeal be dismissed. Ed. This Case is also Reported in: VIII ADC (2011) 604...Category: Property Law | Date: | Hits: 65
Abul Hashem Master Vs. State, 1991, 20 CLC (HCD)
....ubmitted that theplace of recovery of the gun was accessible from outside and the accused‑appellant did notpossess the gun with knowledge of its existence in his hut. Nor was the appellant the only owner in possession of the ghar from which the gun is said to have been recovered. He has submitted ......im @ Ibrahim Vs. State, 41 DLR 524; Arshadullah Vs. the State, 21 DLR 684;Bhuboni Sahu Vs. The King, 2 DLR 39; Kochi @ Jishan & ors. Vs. The State, 8 BLD, 412. Lawyers Involved: Zakir Ahmed and Md. Ashfaqul Islam, Advocates ‑ For the Appellants. Shah Azizur Rahman Assistant Attorney G......der section 19A(F) of the Arms Act. He be acquitted of the charge. Let him be set at liberty if not required in any other connection. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 159. ..Category: Criminal Law | Date: | Hits: 85
....ent. Mr. Razzaque, to fortify his argument, also read out a paragraph on “vested right” from the Law Lexicon wherein it is said that a vested right cannot be taken away without the consent of the owner. The author has also stated that vested rights can arise from contracts, from statutes and fro......rt Division
(Special Original Jurisdiction)
Present:
AM Mahmudur Rahman J
Md. Muzammel Hossain J
Raisuddin.....................Petitioner
Vs.
Secretary, Ministry of Law, Justice and Parliamentary Affairs and others ………………..Respondents
Judgment
January 13, 199......rd appreciation for the arguments advanced by Mr. Razzaque.
For the aforesaid discussion, the Rule is discharged but with no costs.
Ed.
This Case is also Reported in: 51 DLR (HCD) (1999) 313...
Category: Civil Law | Date: | Hits: 83
Nurjahan Begum & others Vs. Jasimuddin Ahmed and others, 1998, 17 CLC (HCD)
....daughters named Saroda Barman and Binodini Barmani. Thereafter Jharu Barman died as an issueless widower as a result which his share devolved upon his nephew Upendra Barman, who ultimately became the owner of the said land. Plaintiff No.1 purchased 52 decimals of land out of the suit land by a Kabal......HCD) (1999) 310.......ted earlier by this Co stands vacated. Communicate the order of this Court to the teamed Senior Assistant Judge, Thakurgaon at once. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 310...Category: Property Law | Date: | Hits: 108
Moqbul Hossain Bakul and others Vs. Mohammad Ali and others, 1998, 17 CLC (HCD)
....-10-1984 in Motlab Sub-Registrar’s office is forged, fraudulent, collusive, considerationless and not binding upon the plaintiffs. 3. The plaintiffs’ case is that one Naser Uddin Ahmed was the owner in possession of 8 annas share of the suit property while one Alek Jan Bibi was the owner in p......ower court records at once. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 307. ......aintain status quo in respect of the possession of the suit property is hereby vacated. Send down the lower court records at once. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 307. ..Category: Property Law | Date: | Hits: 65
....suit properly and for a further declaration that the suit property cannot be treated as Enemy property (Vested property). The case of the plaintiff in short, is that, Deity Lakshmi Gobinda Jew is the owner of the property and it has been rightly recorded as such in CS Khatian Nos.68 and 142 of Mouza......
(Civil)
Present:
Gour Gopal Saha J
Hindu Deity Lakshmi Gobinda Jew………………Petitioner
Vs.
Deputy Custodian, Enemy Property (now Vested Property), Government of Bangladesh and others...………..Opposite Parties
Judgment
August 16, 1998.
Result:
The Rule is ......t be treated as abandoned property or vested property (enemy property) by the defendants.
Send down the lower Court records at once.
Ed.
This Case is also Reported in: 51 DLR (HCD) (1999) 300...
Category: Property Law | Date: | Hits: 102
Shamsuddin Ahmed and others Vs. Government of Bangladesh and others, 1993, 22 CLC (HCD)
....iffs, as it appears by a reading of this application and the counter affidavit of the defendant opposite parties and the impugned judgment of the learned District Judge, is that the plaintiffs became owner of the suit land by purchase on the basis of registered kabalas but that the defendant No.1 wa...... Reported in: 45 DLR (HCD) (1993) 675. ......lier granted by this Court and extended from time to time is hereby vacated. Communicate the order to the Court concerned at once. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 675. ..Category: Property Law | Date: | Hits: 68
Abul Bashar Shaikh Vs. State, 1996, 25 CLC (HCD)
.... arrest if he fails to surrender to his bail bound and to remand him to jail custody to serve out the remaining period of his sentence. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 252....... Attorney-General — For the Respondent. Criminal Appeal No.1820 of 1996. Judgment Kazi Ebadul Hoque J.- This appeal by the convict-appellant Abul Bashar Shaikh is directed against judgment and order dated 5-11-96 passed by the Special Tribunal, Shariatpur in Special Tribunal Case No.8/96 ......nis was quoted with approval. “In my view possession and control means more than mere constructive or legal possession and control. Can it be said for the purpose of criminal law that a man in fact possessor or has under his control something of the existence of which he has no knowledge? In my vi..Category: Criminal Law | Date: | Hits: 73
Bangladesh Sugar and Food Industries Corporation Vs. Md. Kashem and others, 2002, 31 CLC (HCD)
....ugh the incidents of the lease will depend on the nature of the property. As soon as any property is taken over as abandoned property, it vests in the government and remains so vested in it until the owner of such property succeeds in getting it back on obtaining the declaration that it is not aband......it be dismissed. Ed. This Case is also Reported in: 55 DLR (2003) 350.......0‑3‑1995 passed by the Subordinate Judge, 3rd Court, Dhaka, in Title Suit No. 144 of 1975 are hereby set aside and the suit be dismissed. Ed. This Case is also Reported in: 55 DLR (2003) 350...Category: Property Law | Date: | Hits: 122
Shahidullah and others Vs. State, 1991, 20 CLC (HCD)
.... with Tk. 5000.00 to buy Phensidyl Syrup which is contraband medicine in Bangladesh. This Mujibur Rahman bought 100 vials of Phensidyl packed in two cartons from the accused appellant No.1 who is the owner of MS Drugs and thereafter accused appellant Jane Alam who was a porter packed up the cartons ......Respondent Judgment November 4, 1991. Result: The appeal is allowed. Cases Referred to- Md. Kalu Bhuiyan @ Kalu Mia Vs. Special Tribunal No.II Comilla, 30 DLR 124; Dost Mohammad and others Vs. State, 29 DLR 122. Lawyers Involved: Md. Azizul Haque, Advocate ‑ For Appella......he Drug Court within 15 days from the date of receipt of the records by that Court from this Court. Send down the records at once. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 640. ..Category: Criminal Law | Date: | Hits: 60
Mustafa Kamal and others Vs. Director of Land Records and others, 1991, 20 CLC (HCD)
....itioner's case in Writ Petition No.207/86 is that they purchased the land in question from one Siddique Ahmed by a registered kabala dated 15.8.79. Originally the land was recorded in the name of its owner Abdur Rahman in RS khatian. Subsequently Fazar Rahman, the heir of Abdur Rahman, sold the same......e is also Reported in: 45 DLR (HCD) (1993) 634. ......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. ..Category: Property Law | Date: | Hits: 73
Bashaboo Girls High School Vs. Sharafunnessa and others, 2011, 40 CLC (AD)
....quisition made under the said Act and that the High Court Division failed to consider that the plaintiff- respondents cannot have any legal claim on any acquired land on the basis of their previous ownership and that any land once acquired under the 1948 Act cannot be released. The learned Advoc......Wahhab Miah J Bashaboo Girls High School, Madhay Bashaboo, Police Station- Sabujbagh, Dhaka represented by its Head Master-Cum-Secretary……………………..Petitioner Vs. Sharafunnessa and others …………....................................Respondents Order May 9, 2011. ......le". Security of Tk. 1000/- is to be deposited within 1 (one) month. Preparation of paper book, is dispensed with, as prayed for. Ed. This Case is also Reported in: VIII ADC (2011) 498. ..Category: Property Law | Date: | Hits: 70
....nd the High Court Division committed error in affirming the said decision of the trial Court.
III. Because, the plaintiffs having claimed the suit land on the basis of settlement from the original owner and they having not been able to produce any paper showing payment of rent, the courts below c......s Republic of Bangladesh, represented by the Deputy Commissioner, Satkhira ...............................Petitioners
Vs.
Abdul Matin Sarder being dead his legal heirs: 1(Ka) S.M. Yahia Iqbal and others ....................................Respondents
Order
January 27, 2011.
Result......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.
..
Category: Property Law | Date: | Hits: 76
Ali Amzad Khan Vs. Md. Titam Khan and others, 2011, 40 CLC (AD)
....le in respect of schedule one land, and the other, for declaration that the deed described in schedule two of the plaint is not binding upon him. His case in short is that Sultan Khan, the original owner of the suit land gifted the suit land to him but during the field survey operation some lands ...... Present: ABM Khairul Haque CJ Md. Muzammel Hossain J Surendra Kumar Sinha J Ali Amzad Khan…………………………………………………Petitioner Vs. Md. Titam Khan and others ................................Respondents Order January 6, 2011. Result: Le......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. ..Category: Property Law | Date: | Hits: 87
Rupesh Ranan Dey and another Vs. Md. Abdur Razaque and others, 2010, 39 CLC (AD)
....l Revision No. 3291 of 2000 discharging the Rule. 2. The facts involved in the case, in short, are that Tara Moni Dey, Upendra Kumar Dey. Mohendra Kumar Dey and Maindra Kumar Dey were the original owners of the suit lands. There was an amicable partition of the lands and as per such partition, ex......reme Court Appellate Division (Civil) Present: Mohammad Fazlul Karim CJ Md. Abdul Matin J ABM Khairul Haque J Md. Muzammel Hossain J Surendra Kumar Sinha J Rupesh Ranan Dey and another…………….....Petitioners Vs. Md. Abdur Razaque and others…………............. above, we find no substance in the submissions of the learned Counsel for the petitioners. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: VIII ADC (2011) 512. ..Category: Property Law | Date: | Hits: 50
Anti Corruption Commission Vs. M.A.H. Salim and others, 2011, 40 CLC (AD)
....account of the writ petitioner to have been passed without lawful authority and is of no legal effect. 2. Short facts relevant for the disposal of this petition are that the writ petitioner is the owner of a business house. The Anti-corruption Commission instituted a case with the Ramna police st......ra Sultana J Syed Mahmud Hossain J Muhammad Imman Ali J Anti Corruption Commission represented by it's Chairman, 1, Segunbagicha, Dhaka……………….Petitioner Vs. M.A.H. Salim and others …………………………….......Respondents Order February 24, 2011. Res......one week of submission of the appellant's of concise statement. The parties are at liberty to mention the matter for expeditious hearing. Ed. This Case is also Reported in: VIII ADC (2011) 474. ..Category: Criminal Law | Date: | Hits: 136
Most. Begum Rofika Vs. Mohammad Ali Sheikh others, 2009, 38 CLC (AD)
....n prepared in the name of all the purchasers including the preemptor, there was no relation between the old Khatian and the new BP Khatian and further as the respondent No.1 and other contiguous land owners, inspite of offer, were not interested in purchasing the case land, which was a low land and ......, Advocate-on-Record-For Respondent Nos.1 (a), 1(b), 1(g) & 14. Not represented-Respondent Nos. 1(c), 2-13, 15-16. Civil Petition for leave to Appeal No. 1431 of 2008. (From the judgment and order dated 9.4.2008 passed by the High Court Division in Civil Revision No.593 of 2007) Judg...... non consideration of evidence or that the judgment of the High Court Division is materially perverse. The petition is dismissed. Ed. This Case is also Reported in: VIII ADC (2011) 502. ..Category: Property Law | Date: | Hits: 64
Md. Kabir Hossain and others Vs. Abdur Razzak Mallik and others, 2010, 39 CLC (AD)
....itle Suit No.77 of 1987 and discharged the other rule. 5. Admittedly the plaintiff No.6 Abdul Gafur deposed as P.W.3 in Title Suit No.138 of 1969 stating that his father Afazuddin was the original owner of the suit lands who gave some lands to his uncle Rahman Ali. This statement sufficiently pro......pellate Division (Civil) Present: Mohammad Fazlul Karim CJ Shah Ahu Nayeem Mominur Rahman J ABM Khairul Haque J Md. Muzammel Hossain J Surendra Kumar Sinha J Md. Kabir Hossain and others………………………………Petitioners Vs. Abdur Razzak Mallik and others......ivision on the point of limitation. In view of the above, we find no merit in this petition. The petition is accordingly dismissed. Ed. This Case is also Reported in: VIII ADC (2011) 486. ..Category: Property Law | Date: | Hits: 62
Tuglak Khan Vs. Md. Sultan Nasiruddin, 1991, 20 CLC (HCD)
....sistant Judge was that he acquired the land by way of gift on the basis of a Hiba‑Bil‑Ewaz from his father, late Md. Almas Khan, on 12.2.51, his father having acquired this land from the original owner by a registered kabala obtained as far back as in 1931. The plaintiff peacefully possessed the......r Rahman, with Serajur Rahman, Advocates ‑ For the Opposite Party. Civil Revision No.2183 of 1990. Judgment Naimuddin Ahmed J.- This revisional application is directed against the judgment and decree passed by the Subordinate Judge, 4th Court Dhaka on 6.8.1990 in Title Appeal No.319 of 19......ces of the case, the parties are directed to bear their respective costs. The stay order granted by this Court earlier is vacated. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 615. ..Category: Property Law | Date: | Hits: 87
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