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Nurul Islam Vs. Morshedul Alam and Others, 2011, 40 CLC (AD)

....he suit land measuring 17 drones, 5 kanis, 1 gonda and 1 kara as described in schedules to the plaint originally belonged to Fazal Kabir Khan, who possessed the same in khas. While being the rightful owner-in-possession, Fazal Kabir Khan settled 14 drones of the land with Md. Putan by a registered p......hmud Hossain J Muhammad Imman Ali J Mohammad Mamtaz Uddin Ahmed J Md. Shamsul Huda J Nurul Islam Chowdhury…………………………………….Appellant Vs. Morshedul Alam and Others………………………………Respondents Judgment July 20, 2011. Cases Re......ce with the impugned judgment and decree. Accordingly, the appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: 64 DLR (AD)(2012) 3, 32 BLD (AD) (2012) 25. ..

Category: Property Law | Date: | Hits: 116

Professor Golam Azam Vs. Government of Bangladesh and others, 1992, 21 CLC (HCD)

.... in which he and his wife held lion's share, were enlisted as abandoned properties and taken over by the government on the ground that the same vested in the government because of the fact that their owners were citizens of Pakistan. Challenging that order of taking over Mr. Chowdhury moved the High...... (Special Original Jurisdiction) Present: Mohammad Ismail Uddin Sarker J Badrul Islam Chowdhury J Professor Golam Azam…………………..Petitioner Vs. Government of Bangladesh and others.................Respondents Judgment August 12, 1992. Result: The Rule is mak....... 153. I, therefore, having agreed with the Judgment delivered by BI Chowdhury, J make the Rule absolute. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 423. ..

Category: Immigration and Citizenship Law | Date: | Hits: 343

Government of Bangladesh Vs. M Anwar Hossain and others, 2011, 40 CLC (AD)

.... are disposed of analogously. Respondent Nos. 1-4 instituted Writ Petition No. 7242 of 2009 seeking a direction upon the petitioners to mutate the record-of-rights "upon incorpora­ting change of the ownership/possession of lands pursuant to the registered sale deed No.1997 dated 11-2-2009 (Annexure......umar Sinha J MA Wahhab Miah J Nazmun Ara Sultana J Md. lmmanAli J Md. Mamtaz Uddin Ahmed J Md. Shamsul Huda J Government of Bangladesh, represented by the Secretary, Ministry of Land, Dhaka and others.............................................................Petitioners Vs.......judgment of the High Court Division is set aside. These petitions are disposed of with the above observations. Ed. This Case is also Reported in: 16 BLC (AD) (2011) 155, VIII ADC (2011) 901. ..

Category: Property Law | Date: | Hits: 68

Abu Syed Khan Vs. Humayun Kabir and another, 2011, 40 CLC (AD)

....ment of the High Court Division in First Appeal No.415 of 2003 reversing those of the learned Subordinate Judge, Fourth Court, Dhaka in Title Suit No.503 of 1999. 2. One Brajabashi is the admitted owner of the suit land. Plaintiffs are claiming title in the suit land on the strength of registered......preme Court Appellate Division (Civil) Present: ABM Khairul Haque CJ Md. Muzammel Hossain J Surendra Kumar Sinha J Abu Syed Khan being dead his legal heirs; 1(a) Shahida Khatun and others……...Petitioners Vs. Humayun Kabir and another……………………………â......fectly justified in decreeing the suit. We find no merit in the contention of Mr. Mahbubey Alam. The petition is accordingly dismissed. Ed. This Case is also Reported in: VIII ADC (2011) 436. ..

Category: Property Law | Date: | Hits: 73

Md. Nurul Hussain Vs. Bangladesh Muktijoddhya Kallayan Trust, represented by its Chairman, 88, Motijheel Commercial Area, P.S. Motijheel, Dhaka and others, 2011, 40 CLC (AD)

....on to Mr. Nurul Hussain, purchaser of the prop­erty on or before 30.6.1981. Similarly the Secretary issued a letter addressing the plaintiff that the authority accepted his offer and accordingly the ownership of the property concerned henceforth stood transferred in favour of the plaintiff as the t......Hussain…………………………………………..Petitioner Vs. Bangladesh Muktijoddhya Kallayan Trust, represented by its Chairman, 88, Motijheel Commercial Area, P.S. Motijheel, Dhaka and others ...............Respondents Judgment March 9, 2011. Lawyers Involved: Abdul Wa......ral and documentary, and as such no interference is called for. We find no substance in this petition which is accordingly dismissed. Ed. This Case is also Reported in: VIII ADC (2011) 410. ..

Category: Property Law | Date: | Hits: 82

Mohammad Hossain and others Vs. Additional Deputy Commissioner (Revenue) and Assistant Custodian, Vested and non-resident properties, Noakhali and others, 2011, 40 CLC (HCD)

....dh and Raj Kumar Loadh died leaving three sons, Horendra Kumar Loadh, Jogendra Kumar Loadh and Monaranjan Loadh. Debendra Kumar Loadh died unmarried and his share was recorded in the name of original owner, Chandra Kumar Loadh and in the name some of their heirs at Revisional survey, M.R.R. Saf kaba......gree. This Case is also Reported in: ...... parliamentary affairs, Government of Bangladesh. Send down the lower Court record. Communicate this order at once. Ed. Md. Nuruzzaman J.-I agree. This Case is also Reported in: ..

Category: Property Law | Date: | Hits: 66

lqbal Ahmed Quraishi Vs. Bangladesh represented by the Secretary, Ministry of Works, Government of the People's Republic of Bangladesh, Dhaka, 1991, 20 CLC (HCD)

....signatures in the plaint, the passport and the petitions before it as same, it was bound by the decree and judgment passed by Civil Court which had examined the plaintiff who signed the plaint as the owner of the suit property and then declared the property not to be an abandoned property and ordere...... issued calling upon the respondents to show cause why the enlistment of the petitioner's property at plot No.CEN (D)‑21, Road No.103, Gulshan Model Town, PS Gulshan Dhaka in the 'ka' list of the abandoned properties published on September, 23, 1986 in Bangladesh Gazette, Extraordinary at page No.......ade without lawful authority and to be of no legal effect. In the result, the Rule is made absolute without any order as to costs. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 416. ..

Category: Property Law | Date: | Hits: 86

Hussain Mohammad Ershad Vs. State, 1992, 21 CLC (HCD)

....goods amounting to Tk. 54,34,935.00 which are personal belonging of the President was also recovered and it has been also stated in the charge sheet that the police came to know that the president is owner of properties both moveable and immoveable over and above other cash and other properties foun......ammad Ershad……………. Petitioner Vs. State……………....Opposite Party Judgment January 21, 1992. Cases Referred To- Public Prosecutor, Madras Vs. Chockalingarn Ambalarn and another, 1929 I.C. 274; ldris Howlader and another Vs. State, 38 DLR 233 & 35 DLR 422, AIR 1......of the High Court. We, having considered the matter find no substance in this application which is accordingly summarily rejected. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 116. ..

Category: Criminal Law | Date: | Hits: 125

Abdus (Md) Subhan alias Md Abdus Subahan and another Vs. Abdul Maleque and others, 1991, 20 CLC (HCD)

....ntiffs from the suit land and hence the suit for permanent injunction. 3. The defendants contested the suit by filing written statement and contended, inter alia, that Abdul Gafur Khan was not the owner and he'did not I transfer 10.50 decimals of land in favour of Hazera Nazrul. Abdul Gafur Khan ......This Case is also Reported in: 44 DLR (HCD) (1992) 94....... of the records from this Court. Send the LC records at once. In the result, the Rule is made absolute without any order as to costs. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 94...

Category: Property Law | Date: | Hits: 72

President, Coronation Hall Committee and Deputy Commissioner, Khulna Vs. Executive Committee, Khulna & others, 2011, 40 CLC (HCD)

.... 3. The Defendant-Appellant-Petitioner contested in the suit by filing written statement, denying all material allegations made in the plaint and further asserting that the plaintiff is not at all owner of the suit land and that it is the defendant Coronation Hall Committee which is the owner of ......3 DLR (2011) 666. ......land and that it is the defendant Coronation Hall Committee which is the owner of the suit land and, accordingly, name of the defendant has been recorded in C.S. as well as S. A. Khatian as owner and possessor of the suit land including the Coronation Hall and other establishments built on the suit ..

Category: Property Law | Date: | Hits: 89

Law Dev (Bangladesh) Vs. Bangladesh and another, 2011, 40 CLC (HCD)

....ervice of the Republic. 17. Dr. Shadeen Malik further submits that the fund of the BERC has been created as per section 17 of the Act No. 13 of 2003 and it is a public fund and the BERC is not the owner of that fund which is for­tified by section 17(4) of the Act and this aspect of the case cann......t Division (Special Original Jurisdiction) Present: Moyeenul Islam Chowdhury J Naima Haider J Law Dev (Bangladesh)......................................Petitioner Vs. Bangladesh and another... ................................Respondents Judgment February 24, 2011. Case......on as the case involves a substantial question of law as to the interpretation of the Constitution. The certificate as prayed for is granted. Ed. This Case is also Reported in: 63 DLR (2011) 626...

Category: Employment/Service Law | Date: | Hits: 92

Abdul Hakim and others Vs. State, 1991, 20 CLC (HCD)

....ms including procurement and repairing of furniture, etc. and thereby this appellant Abdul Hakim in all misappropriated Tk. 23,323.00. The allegation against appellant Alfazuddin is that he being the owner of a printing press abetted the offence committed by appellant Abdul Hakim in the preparation ...... Court High Court Division (Criminal Appellate Jurisdiction) Present: Mahmudul Amin Chowdhury J Abdul Hakim………………Appellant Vs. State……………...Respondent and Alfazuddin………………..Appellant Vs. State………………..Respondent Judg......the conviction and sentences are set aside and the appellants are acquitted and they are discharged from their respective bail bonds. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 352. ..

Category: Criminal Law | Date: | Hits: 84

Altaf Hossain Vs. Abbas Ali and another, 1991, 20 CLC (HCD)

....tion of title in respect of 0.15 acres of land appertaining to plot No.2263 of CS Khatian No.171/199 and ROR Khatian No.1 of mouza Fulbaria on the allegations, inter alia, that the petitioner was the owner of the said land bill. In the last ROR operation the said land was wrongly recorded in Khatian......R (HCD) (1993) 374. ......ing in the Court of Upazila Munsif, Fulbaria, District Mymensingh. In the result, the Rule is made absolute. No order as to costs. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 374. ..

Category: Property Law | Date: | Hits: 68

Bangladesh Vs. Md. Aslam and others, 1989, 18 CLC (HCD)

....or commits an error in procedure affecting in the decision occasioning any failure of justice. 14. In the plaint, the plaintiff No.1 Md. Aslam as the sole plaintiff averred that he is the 16 annas owner of the suit land and had acquired the same from the Rashidpur Tea Estate on receipt of rent‑......DLR (HCD) (1992) 69.......right or tenancy recognised by the State Acquisition and Tenancy Act. By the word 'Amaldari' it is meant a writ authorising the grantee to take possession and there by Amaldari at best one can gain a possessory interest without any semblance to title. 27. Section 101 of the Evidence Act, requires..

Category: Property Law | Date: | Hits: 96

Mohiuddin Ahmed and others Vs. Lutfur Rahman and another, 1990, 19 CLC (HCD)

....k as regards the respondent No.2 has been liquidated but as regards other collateral securities against loan which do not belong to M/s. Paper Converting and Packaging Ltd. shall be taken up with the owner of the property Mr. Mohiuddin Ahmed in due course. All these are subsequent facts inasmuch as ......y. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 48. ......oners in place of the name of respondent No.1 in respect of the shares which the petitioners had held on 8.3.85 in the above company. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 48. ..

Category: Company Law | Date: | Hits: 159

Salahuddin Khan and others and others Vs. Md. Abdul Hai Bahar and others, 2011, 40 CLC (AD)

....ter, i.e. plaintiff Nos.2 and 3 and defen­dant Nos.5 and 6 respectively and plaintiff No.2 claimed himself to be the director of plaintiff No.1 company. In order to become a director one must be the owner of minimum 5000 shares in the company and on the death of Sirajul Islam Khan none of his heirs......in CJ Surendra Kumar Sinha J Md. Abdul Wahhab Miah J Nazmun Ara Sultana J Syed Mahmud Hossain J Md. Imman Ali J Md. Mamtaz Uddin Ahmed J Md. Shamsul Huda J Salahuddin Khan and others and others...................Appellants Vs. Md. Abdul Hai Bahar and others………...... The trial Court is further directed to dispose of the suit as expeditiously as possible. Ed. This Case is also Reported in: 63 DLR (AD) (2011) 138, 31 BLD (AD)(2011) 185, VIII ADC (2011) 869. ..

Category: Civil Law | Date: | Hits: 86

Sadharan Bima Corporation Vs. Philoship Co. S A, 1990, 19 CLC (HCD)

....f is a statutory corporation carrying on business in general insurance of all kinds excepting life insurance through itself and through its zonal and branch offices. The defendant Nos.1 and 2 are the owners of MV Hios flying Greek colours and the defendant No.3 is their local agent in Bangladesh. Th......h Court Division (Admiralty Jurisdiction) Present: Md. Mozammel Hoque J Sadharan Bima Corporation...................Plaintiff. Vs. Philoship Co. S A Owner of the Greek Ship M V Hios and others…………..…….Defendants. Judgment July 22, 1990. Cases Referred To- Do......of the case as stated above, I find no merit in the present suit and as such it is dismissed on contest without any order as to costs. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 31. ..

Category: Admiralty Law or Maritime Law | Date: | Hits: 177

Bangladesh Mukti Judda Kallyan Trust Vs. Nurul Hossain and others, 1990, 19 CLC (HCD)

.... namely, Bangladesh Mukti Judda Trust claimed the said property by purchase. They claim to have purchased it from the Government and hence have every right to sell and dispose of the said property as owner and the plaintiff had no reason to file the suit for declaration of their right, title and pos......urisdiction) Present: Anwarul Haque Chowdhury J Kazi Ebadul Hoque J Bangladesh Mukti Judda Kallyan Trust…………………………………………Appellant Vs. Nurul Hossain and others……………………………………..Respondents Judgment December 18, 1990. ......ompliance to the Court of Subordinate Judge concerned within 16 days of the receipt of this order. Communicate this order at once. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 22. ..

Category: Property Law | Date: | Hits: 389

Abdus Salam Vs. Hafez Ahmed and others, 2011, 40 CLC (AD)

....d the bank surrounding it which is popularly known as "Bureer Pukur". That in the Moghi Chitta Survey the schedule proper­ty was recorded as Taraf Syed Mohammad Arshad Kishmat Malik Rahman. That the owner of the Taraf being a resident of dis­tant place never possessed the same and the same was und......III ADC (2011) 370.......h. Preparation of paper book is dispensed vim as prayed for. Parties are directed to maintain status-quo till disposal of the appeal. Ed. This Case is also Reported in: VIII ADC (2011) 370...

Category: Property Law | Date: | Hits: 77

Md. Ashraful Islam Vs. State, 2009, 38 CLC (AD)

.... and intercepted a private car at about 3:30 A.M. and found the appellant Ashraful Islam and one Shahidul Islam in posses­sion of 700 grams of heroine in a rexene bag and on query they told that the owner of the heroine was one Atiar Rahman and that aforesaid P.W.1 then prepared a seizure list and ......ant Vs. The State………………………………………………………......Respondent Judgment August 16, 2009. Result: The appeal is dismissed. Lawyers Involved: Khandaker Mahbub Hossain, Senior Advocate instructed by Syed Mahbubar Rahman, Advocate-on-Record-For t......stance in the submissions of the learned Counsel for the appellant. Accordingly, the appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: VIII ADC (2011) 354. ..

Category: Criminal Law | Date: | Hits: 80