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

....ditional District Judge court set aside and those of the learned Subordinate Judge are restored. There shall be no order as to costs. Ed. This Case is also Reported in:39 DLR (HCD) (1987) 377. ......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..

Category: Property Law | Date: | Hits: 64

Sree Samir Kumar Nath and Others Vs. Government of the People’s Republic of Bangladesh and another, 2012, 41 CLC (HCD)

....above observations, however, without any order as to cost. The order of status quo granted earlier is vacated. Send down the lower Courts’ records. Ed. This Case is also Reported in:  ......er Nos.1(a)-(b), 6(a)-(b) and petitioner Nos.2-5 instituted a suit for perpetual injunction against the opposite parties in the Third Court of Munsif at Jessore on the averments, inter alia, that the land as described in Ka and Kha schedules of the plaint originally belonged to Kalipada Nath and Sud..

Category: Property Law | Date: | Hits: 57

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

.... concerned preferably within 3 (three) months from the date of receipt of this Judgment and Order. Communicate the Order at once. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 378. ......1-3-1986, 1921 dated 11-3-1986, 1922 dated 11-3-1986 and 1923 dated 11-3-1986 respectively. Thereafter the suit property was ultimately devolved upon Md. Shafat Imtiaz who transferred 0.0108 acres of land to Haji Shamsul Huque on 18-5-2003 and said Haji Shamsul Huque got approval of the plan from RA..

Category: Property Law | Date: | Hits: 66

Mir Niaz Mohammad Vs. Additional District Judge and others, 2007, 36 CLC (HCD)

....y order as to costs. The order of stay granted at the time of issuance of the Rule stands vacated. Communicate the order at once. Ed. This Case is also Reported in: 13 BLC (HCD) (2008) 108. ......risur Rahman, further submits that the respondent bank being a secured creditor acted malafide in filing suit under Bankruptcy Act, 1997 without disclosing of the actual market price of the mortgaged land, which is clear violation of section 12(2) of the Act and hence, the proceeding is without lawf..

Category: Procedural Law | Date: | Hits: 114

Sonali Bank Limited Vs. Syed Shakhawat Hossain and others, 2011, 40 CLC (HCD)

....e, preferably within 60 (sixty) working days of receiving the Judgment and Order of this Division. Communicate the orders at once. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 22. ......7-8-2006 affirming execution of afore­said share transfer forms in favour of the plaintiffs. Accordingly, the plaintiffs have become 100% own­ers of the shares in the said company as well as of the landed and other properties, including the cold storage and in the machineries owned by the said com..

Category: Administrative Law | Date: | Hits: 212

Jamuna Builders Ltd. Vs. Abdul Barek Chowdhury and others, 2006, 35 CLC (HCD)

.... of receipt of this order. Communicate this order at once with a copy of Judgment for information and for taking necessary action. Ed. This Case is also Reported in: 15 BLT (HCD) (2007) 300. ......2002, in the Third Court of Joint District Judge, Dhaka, impleading the petitioner and opposite party Nos.3-33 as defendants, for partition of ejmali property claiming their right over 50 decimals of land lying within plot No.1276 and 1449 as described in the Schedule 'Ga' of the plaint. On transfer..

Category: Property Law | Date: | Hits: 58

Abdus Samad and others Vs. Felu Hossain and others, 2009, 38 CLC (HCD)

....efendant-opposite parties from certain land. Earlier a Rule was issued on the matter. 3. The facts leading to the Rule are briefly stated below: Case of this plaintiff-petitioners is that a parcel of land measuring 9 decimals of Plot No.234 appertaining to C.S. and S.A. Khatian No.14 of Mo...... opposite parties.   Civil Revision No.123 of 2000. Judgment Md. Emdadul Huq J.- The dispute in this Civil revision is about ejectment of the opposite parties (defendants) from certain land as licensees. The issue is whether the Courts below committed an error of law occasioning in fa..

Category: Civil Law | Date: | Hits: 123

Md. Abul Kashem and others Vs. Mst. Robila Khatoon and others, 2010, 39 CLC (HCD)

....he interim order passed at the time of issuance of the Rule is hereby re-called and vacated. Send down the lower Court's records. Ed. This Case is also Reported in: 15 MLR (HCD) (2010) 166. ......that (a) the registered deed No.3118 dated 2.2.1978 of District Registration Office, Jessore was not binding upon the plaintiffs and (b) that the plaintiffs were the owners by inheritance of the suit lands. Subsequently by an order dated 27.1.1996 the aforesaid declarations were substituted for the ..

Category: Property Law | Date: | Hits: 52

Abul Kalam (Md.) and others Vs. Md. Shamsuddin, 1997, 26 CLC (HCD)

....ities to the contending parties to adduce fresh evidence in support of their respective claims. Send down the case records at once. Ed. This Case is also Reported in:49 DLR (HCD) (1997) 502. ......s Case No.16 of 1979, alleging, inter alia that he is co‑sharer by purchase to the case jote and the pre‑emptee opposite party No.1 is a stranger thereto. Opposite party No.2 transferred the case land to Opposite Party No.1 by a registered Kabala dated 9‑2‑77 at a consideration of Taka 2000...

Category: Property Law | Date: | Hits: 54

Abdul Hamid Mollah Vs. Md. Abdul Hye and others, 1997, 26 CLC (HCD)

....ent and decree dated 29‑8‑88 passed by the learned Assistant Judge, Kumarkhali, Kushtia is set aside without any order as to cost. Ed. This case is also Reported in:49 DLR (HCD) (1997) 428. ......itioner filed Title Suit No.84 of 1986 in the Court of the Assistant Judge, Kumarkhali Upazila, Kushtia for a declaration that the defendant Nos.1 and 2 are his Benamders and he has title in the suit land. The plaintiff‑petitioner alleged in his plaint, inter alia, that he by registered kabala dat..

Category: Civil Law | Date: | Hits: 59

Mohammadullah Vs. Abu Taher and others, 2009, 38 CLC (HCD)

....ed. Office is directed to send down the records of the case at once with a copy of judgment for information and necessary action. Ed. This Case is also Reported in: 61 DLR (HCD) (2009) 755. ......ation that judgment and order dated 6-3-1991 passed by No. 3 Noanni Union Parishad Village Court, of Sadar Upazila, District Noakhali, in Village Court Case No. 21 of 1990 in respect of 0.27 acres of land out of 0.57 acres described in schedule of plaint is illegal, collusive and without jurisdictio..

Category: Civil Law | Date: | Hits: 48

Dabiruddin Mia and others Vs. Mothaharuddin Miah and others, 2006, 35 CLC (HCD)

....is set aside and the miscellaneous case is dismissed. There is no order as to costs. Send down the lower Court record at once. Ed. This Case is also Reported in: 27 BLD (HCD) (2007) 180. ......d order dated 13.4.1995 passed by the learned Assistant Judge, Shibchar, in Miscellaneous Case No.69 of 1983. 2. The pre-emptor filed the Miscellaneous Case No.69 of 1983 in order to have the case land by way of pre-emption. 3. The case of the pre-emptor, in short, is that he is a co-sharer te..

Category: Property Law | Date: | Hits: 38

Md. Kamruzzaman and others Vs. Abdus Sattar and others, 2008, 37 CLC (HCD)

.... the case and conclude the same within 3 months from the date of receipt of this order. Send down the lower Court records at once. Ed. This Case is also Reported in: 14 MLR (HCD) (2009) 260. ......Jabbar Mondal, Belayet Mondal, Del war Hossain Mondal and 5 daughters Zahiron, Suraton, Sona Bibi, Golapi Bibi and Amena Bibi and Chabiron Nessa (wife), as his legal heirs who had been possessing the land in ejmali according to their respective share. That during the last R.S. settlement the caretak..

Category: Property Law | Date: | Hits: 48

Sufi Samrat Hazrat Mahbub-e-Khuda Vs. RAJUK and others, 2007, 36 CLC (HCD)

....tted complying with the Building Construction Rules, 1996. In the result, the Rule is made absolute without any order as to costs. Ed. This Case is also Reported in: 13 BLC (HCD) (2008) 102. ......ing structure of the petitioner on holding No.1/2/E South Kamlapur, Dhaka should not be declared to have been issued without lawful authority and is of no legal effect. 2. The petitioner purchased land measuring 17.77 khatas appertaining to CS plot No.114, SA Plot No., 487 RS Plot No.878 by regis..

Category: Property Law | Date: | Hits: 64

Shafiqul Islam Khan Vs. The Commissioner of Taxes, 2012, 41 CLC (HCD)

....hall be no order as to costs. The connected Rule being No.20 (ref)/2007 is disposed off with the above observation accordingly. FRM Nazmul Ahasan J. - I agree. This Case is also Reported in: ......record. 10. Admittedly the Assessee-Applicant taken loan from Exim Bank in the name of his partnership firm ‘Shafique and Sons and used the loan money in constructing building upon his ownership land at plot No. 60, Road No. 5, O.R. Nizam Road, Chittagong. The DCT concerned denied to accept thi..

Category: Fiscal/Taxation Law | Date: | Hits: 83

Metro Makers and Developers Limited and others Vs. Bangladesh Environmental Lawyers’ Association Limited (BELA) and others, 2012, 41 CLC (AD)

....red by my brothers, Surendra Kumar Sinha, J. and Syed Mahmud Hossain, J. I agree with the reasoning and findings given by Syed Mahmud Hossain, J. Ed. This Case is also Reported in: ...... Plan will have devastating environmental effect for which the Master Plan in clear terms prohibited residential, commercial and industrial developments in those Zones, including raising the level of land plain through earth filling in Flood Flow/Sub- Flood Flow Zones. The said Master Plan in catego..

Category: Environmental Law | Date: | Hits: 434

Mst. Rahima Khatun and another Vs. Sree Monoranjon Saha and others, 2006, 35 CLC (HCD)

....e impugned judgment dated12.04.1990 (decree signed on 18.04.1990) is hereby affirmed. Send down the lower Court's records at once. Ed. This Case is also Reported in: 13 MLR (HCD) (2008) 334. ......s instituted Title Suit No.400 of 1981 in the Court of learned Munsif, Satkhira impleading the opposite parties as defendants praying for a decree for title and confirmation of possession in the suit land stating, inter alia, that total khash land measuring about 2.08 acres as described in CS Khatia..

Category: Property Law | Date: | Hits: 57

Chairman, Rajdhani Unnayan Kartipakha Vs. Ramjan Ali and others, 2006, 35 CLC (HCD)

....h the observations made in the body of the judgment. Send down the Lower Court Records at once along with a copy of the Judgment. Ed. This Case is also Reported in: 27 BLD (HCD) (2007) 41. ......le, in brief, are as under: The plaintiff opposite parties had filed Title Suit No.255 of 1999 in the Court of 2nd Assistant Judge, Dhaka for a decree for permanent injunction for 17½ decimals of land of C.S. plot no.88 as described in the schedule of the plaint (hereinafter referred to as the "..

Category: Property Law | Date: | Hits: 56

Momin Miah & others Vs. Md. Shafiullah Patwari and others, 2007, 36 CLC (HCD)

....umstances of the case, I direct the parties to bear their respective costs. Lower Courts Records are sent down to Courts concerned. Ed. This Case is also Reported in: 13 BLC (HCD) (2008) 86. ......96 and laid suit in Court seeking relief stated above. b. Plaintiff-opposite party had strained relationship with his father and brothers, Second-Fourth opposite parties, in respect of purchase of land under Pre-emption Miscellaneous Case who in order to deprive him of land purchased only by him ..

Category: Property Law | Date: | Hits: 64

Advocate Manzill Murshid and others Vs. Bangladesh, 2011, 40 CLC (HCD)

....mendation by the Parliamentary Sub-Committee on Law Justice Parliamentary Sub-Committee was published, without delay. Gobinda Chandra Tagore J. - I agree. Ed. This Case is also Reported in: ......803;Khandakar Ehteshamuddin Ahmed @ Iqbal-Bangladesh 33 DLR (AD) 154; Baker Vs. Carr (396 US 186:1962); AIR 1965 S.C. 747; Packer Vs. Packer 1954; OBG Vs. Allan 2008 Ac-1.; Attorney General Vs. Mulholland (1963 2QB 477); Mayor of St. Mellon’s RDC Vs. Newport Corporation 1952 AC 189; AIR 1951 S.C 4..

Category: Constitutional Law | Date: | Hits: 413