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Md. Ragib Hasan Khan @ Munu Vs. State and another, 2009, 38 CLC (HCD)
....d the counter affidavit in opposition filed the opposite party No.1 and submits that against the said loan accused Nos. 1, Md. Salim Khan and 2 Md. Shahabuddin made a mortgage deed of their homestead land in favour of the bank and also made registered General Ammokhtarnama being registration No.2850......fails. In the result, the Rule is discharged. Order of stay stands vacated. Ed. This Case is also Reported in: 30 BLD (HCD) (2010) 353. ......itled to get any relief as prayed for. Hence the rule fails. In the result, the Rule is discharged. Order of stay stands vacated. Ed. This Case is also Reported in: 30 BLD (HCD) (2010) 353. ..Category: Procedural Law | Date: | Hits: 79
Aleka Khatun and others Vs. Government of Bangladesh, 2004, 33 CLC (HCD)
....ade without lawful authority, illegal, without jurisdiction and is of no legal effect and the respondents should not be restrained from disturbing the possession of the petitioners over the scheduled land. 2. It has been stated in the Writ Petition that Government acquired 1.17 acres of land from......is reason. In the result, the Rule is discharged without any order as to cost. Ed. This Case is also Reported in: 61 DLR (HCD) (2009) 693. ......ch, we hold that this writ petition is also bad for this reason. In the result, the Rule is discharged without any order as to cost. Ed. This Case is also Reported in: 61 DLR (HCD) (2009) 693. ..Category: Property Law | Date: | Hits: 69
Alam Taj Begum @ Monowar Begum & others Vs. Nimai Chandra Roy, 2009, 38 CLC (HCD)
....posite party No. 1 as plaintiff instituted Title Suit No. 115/98 before the Court of Senior Assistant Judge, Borguna Sadar, Borguna praying for declaration of title stating, inter alia, that the suit land is 6 decimals of land of Plot No.351 which belonged to Rajendra Chandra who died leaving 4 (fou......- Sultan Ahmed Vs. Fazlul Kabir, 5 DLR 383. Lawyers Involved Dr. Md. Eunus Ali Akond with Fazlul Haque, Advocates — For the Petitioners. Md. Raflqul Islam (Heru) with Abul Kalam Mainuddin, Advocates — For the Opposite Party. Civil Revision No. 908 of 2002. Judgment Fa......ntained. The order of stay granted at the time of issuance of the Rule is hereby vacated. Send down the LC Records immediately. Ed. This Case is also Reported in: 61 DLR (HCD) (2009) 764. ..Category: Procedural Law | Date: | Hits: 69
Abdul Quddus Vs. Mobarak Hossain, 1996, 25 CLC (HCD)
....ioner as defendant has been contesting the suit by filing written statements. His contention is that the Cinema Hall was already renamed as Bijoy Cinema Hall and it is situated on his self‑acquired land and is under his possession. The plaintiff has no manner of title or possession in the same. Th......8 DLR (HCD) (1996) 572. ...... therefore, discharged. The order of stay granted earlier by this Court on 7‑4‑96 is also hereby vacated. No order as to costs. Ed. This Case is also Reported in:48 DLR (HCD) (1996) 572. ..Category: Procedural Law | Date: | Hits: 82
State Vs. Government of Bangladesh and others, 2011, 40 CLC (HCD)
....ell into rivers, passing by the city. 10. Environmentalist recalled many of the 78 canals that once criss-crossed through the historic Dhaka City, now only live in the memory of senior citizens as land grabbers virtually took them all for personal gains. 11. One can see the unmistakable impact......le and the illegality as to the construction of the building. Sheikh Md. Zakir Hossain J. - I agree. Ed. This Case is also Reported in: ...... constructive knowledge about BGMEA’s bareness of title and the illegality as to the construction of the building. Sheikh Md. Zakir Hossain J. - I agree. Ed. This Case is also Reported in: ..Category: Constitutional Law | Date: | Hits: 642
Rais Ali alias Md. Rais Ali and others Vs. Mst. Hajera Khatun and others, 2009, 38 CLC (HCD)
....ite Party Nos.1 to Sand predecessor of Opposite Party No.36 as pre-emptors filed the instant pre-emption Case No.6 of 1996 in the Court of Senior Assistant Judge, Brahmanbaria for preÂemption of the lands described in the schedule of the petition covered by kabala dated 28.08.1995 executed by Oppos......Parties Judgment October 13, 2009. Result: The rule is discharged. Cases Referred to- Aklasur Rahman and others Vs. Safarullah and others, 42 DLR (AD) 189= 14 BLD (AD) 20; Fazar Uddin Vs. Maijuddin and others, 14 BLD (AD) 29= 44 DLR (AD) 62; Mst. Rokeya Begum Vs. Md. Abu Zaher and......the time of issuance of the rule is hereby vacated. Send down the lower Court records alongwith a copy of the judgment immediately. Ed. This Case is also Reported in: 18 BLT (HCD) (2010) 62. ..Category: Civil Law | Date: | Hits: 192
Fazlul Haque (Md.) Vs. Abdul Malek and another, 2008, 37 CLC (HCD)
.... before the suit was filed, the petitioner started depositing rent in Rent Control Case No. 18 of 2005 against Ahmed Reza Chowdhury. Such person had no connection with the suit shop and was never the landlord of the petitioner. The petitioner never offered rent to the opposite parties nor impleaded ......The Rule is discharged with cost. The Code of Civil Procedure, 1908 (Act No. V of 1908); section 151 Inherent power of the Court under section 151 of the Code of Civil Procedure, 1908 cannot be invoked where there are specific provisions for the relief sought for. Inherent power could only be ......cost. Order of stay granted at the time of issue of the Rule on 30-4-07 is accordingly, recalled and vacated. Communicate at once. Ed. This Case is also Reported in: 61 DLR (HCD) (2009) 72. ..Category: Civil Law | Date: | Hits: 281
Ibrahim Akand and others Vs. Securities and Exchange Commission and others, 2009, 38 CLC (HCD)
....nt of Rule 66. But the amendment of Rule 66 was made on 28.7.2008.When this fact was brought to the notice of the learned Advocate of the petitioners by the affidavit-in-opposition of Respondent Nos. land 2, the petitioners filed an application for amendment which was allowed on 4.11.2009 without an...... prayer is allowed and the operation of the Judgment is stayed for one (1) week. Ed. This Case is also Reported in: 30 BLD (HCD) (2010) 49. ......ble him to file CMP before the Appellate Division. The prayer is allowed and the operation of the Judgment is stayed for one (1) week. Ed. This Case is also Reported in: 30 BLD (HCD) (2010) 49. ..Category: Business or Commercial Law | Date: | Hits: 462
Mehir Chandra Bhomick Vs. Deputy Commissioner, Brahmanbaria and others, 2007, 36 CLC (HCD)
....ge, Brahmanbaria Sadar for declaration of Notice No.150 dated 28.5.84 passed by the opposite party No.1 as illegal and for further declaration and confirmation of his title and possession in the suit land. 3. The case of the plaintiff in short is that the suit land originally belonged, to Sharat ......issioner, Brahmanbaria and others....................Opposite parties Judgment August 28, 2007. Result: The Rule is made absolute. The law of enemy property died with the repeal of Ordinance No.1 of 1969 on 23.3.74 and no further vested property case can be started thereafter on the ......rlier by this Court stands vacated. Send down the lower Court records and a copy of the judgment and order to the court concerned. Ed. This Case is also Reported in: 13 MLR (HCD) (2008) 22. ..Category: Property Law | Date: | Hits: 155
Gopinath Das and others Vs. Government of BanglaÂdesh & others, 2010, 39 CLC (HCD)
....toration of a suit earlier decreed ex parte, fitÂness of things requires an extensive treatment of the plaint. 3. The suit is for declaration of title and recovery of khas possession of 5.18 acre land described in schedule "B" of the plaint which forms part of 7.25 acre land in Mouza Sahar Dhaka......nce. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 167. ......of the giant design to grab, if at all, such a huge tract of land in the city centre. Communicate a copy of the Judgment at once. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 167. ..Category: Property Law | Date: | Hits: 149
Bank of Small Industries & Commerce Bangladesh Vs. Shahabuddin Ahmed, 2012, 41 CLC (HCD)
....e claimants and in all other respects, as if they are party to a suit. Thus, it was incumbent upon the Court below to examine witness and admit documents in proof of the alleged claim on the disputed land after obtaining evidence, decision in this regard is necessary to be arrived at. 8. The Orde......isional Jurisdiction) Present: Khondker Musa Khaled J SH Md. Nurul Huda Jaigirdar J Bank of Small Industries & Commerce Bangladesh…………………..Petitioner Vs. Shahabuddin Ahmed……………………Opposite-Parties Judgment March 14, 2012. Result: The ru......receipt of the lower Court records. Send down the LCRs along with a copy of the Judgment and order to the Court below immediately. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 241. ..Category: Civil Law | Date: | Hits: 161
Harunor Rashid Halder Vs. Entaj Sheik & others, 1983, 12 CLC (HCD)
.... before the Sub-Divisional Magistrate Bagerhat on 30.11.76 for drawing up a proÂceeding against the second party under section 145 of the Code of Criminal Procedure on the allegation that an area of land measuring 25.69 acres appertaining to several khatians of Mouza No.173 within Police Station Ba......own the record at once. Abdul Matin Khan Chowdhury J.- I agree. Ed. This Case is also Reported in:35 DLR (HCD) (1983) 286. ......Rule is discharged. The impugned proceeding is set aside. Send down the record at once. Abdul Matin Khan Chowdhury J.- I agree. Ed. This Case is also Reported in:35 DLR (HCD) (1983) 286. ..Category: Criminal Law | Date: | Hits: 88
Kazi Aftabuddin and others Vs. Bangladesh and others, 1996, 25 CLC (HCD)
.... 102 of the Constitution the petitioners seek issuance of Rule against the respondents directing them to show cause why Memo No.BD/LC/92‑28/95/43 dated 25‑1‑96 directing them to vacate the case land should not be declared to be illegal and without lawful authority. 2. The petitioners challe......tructures. In view of the above, the petition is rejected summarily. No cost. Ed. This case is also Reported in:49 DLR (HCD) (1997) 422. ......h step has been taken by the authority to remove the structures. In view of the above, the petition is rejected summarily. No cost. Ed. This case is also Reported in:49 DLR (HCD) (1997) 422. ..Category: Property Law | Date: | Hits: 67
Amena Begum Vs. Md. Ruhul Amin and others, 2008, 37 CLC (HCD)
....e Court of Assistant Judge, Nangolcot, Comilla under section 96 of the State Acquisition and Tenancy Act, 1950 impleading the preempted and others as opposite parties for pre-emption of 3 decimals of land described in the schedule of the application. 3. Eventually, on 24-7-2001 the Miscellaneous ...... Supreme Court High Court Division (Civil Revisional Jurisdiction) Present: SM Ziaul Karim J Amena Begum…………………………………………Petitioner Vs. Md. Ruhul Amin and others………………Opposite Parties Judgment November 26, 2008. Result: The ......ith law. Office is directed to communicate the order at once with a copy of judgment for information and taking necessary action. Ed. This Case is also Reported in: 61 DLR (HCD) (2009) 301. ..Category: Procedural Law | Date: | Hits: 133
Mangal Chandra Sarker and others Vs. Bangladesh and others, 2011, 40 CLC (HCD)
....l and they are heard together and disposed of by this Judgment. 2. In Writ Petition No.3210 of 2010 the petiÂtioners challenged the Gazette Notification dated 15th October, 1974 in respect of the land of plot Nos.15, 35, 36, 41, 57, 79 and 84, Gazette Notification dated 24-11-1988 in respect to ......ed considering their humanitarian approach. Communicate the order at once. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 152. ......s from the places wherein their homesteads are situatÂed considering their humanitarian approach. Communicate the order at once. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 152. ..Category: Property Law | Date: | Hits: 89
Dabiruddin and others Vs. State, 2007, 36 CLC (HCD)
....no denying of the fact that the deceased Mostafizur Rahman Milu was murdered by sharp weapon sometime in the night following 13.12.1996 and his dead body was found in the morning of 14.12.1996 on the land of Dudu Master near the house of the complainant, Mozammel Hoque Prodhan. 16. It is signific......ith if not wanted in connection with any other case. Send down the L.C. R at once. Ed. This Case is also Reported in: 14 MLR (HCD) (2009) 181. ......ainst them. They shall be set at liberty forthwith if not wanted in connection with any other case. Send down the L.C. R at once. Ed. This Case is also Reported in: 14 MLR (HCD) (2009) 181. ..Category: Criminal Law | Date: | Hits: 74
Elias Brothers (Md.)(Pvt.) Limited and another Vs. Bangladesh and others, 2010, 39 CLC (HCD)
....€¦â€¦â€¦â€¦â€¦â€¦â€¦â€¦..(27) Further proceeding of new LA Case can be started when the proceeding in LA Case has been abated. If it is necessary for the purpose of the project to acquire further land, the Government is not precluded to do so, observing all legal formalities…………………......e without any order as to cost. Communicate this judgment and order at once. Ed. This Case is also Reported in: 16 BLC (HCD) (2011) 327. ......e observation and direction the Rules are made absolute without any order as to cost. Communicate this judgment and order at once. Ed. This Case is also Reported in: 16 BLC (HCD) (2011) 327. ..Category: Civil Law | Date: | Hits: 170
Enamul Haque Vs. State, 2010, 39 CLC (HCD)
....compliant before the Officer-in-Charge, Lohagara Police, Chittagong, alleging that the second party-opposite party-Opposite party Nos.2-4 were contemplating to dispossess him from five (5) shatoks of land under situated BS plot No.10843, under BS Khatian No.3823 of Mouza Padua, Police Station-Lohaga...... of the matter expeditiously. Communicate the order at once to the Courts concerned. Ed. This Case is also Reported in: 16 BLC (HCD) (2011) 339. ......he Code, the Magistrate is directed to dispose of the matter expeditiously. Communicate the order at once to the Courts concerned. Ed. This Case is also Reported in: 16 BLC (HCD) (2011) 339. ..Category: Criminal Law | Date: | Hits: 105
.... Judge, Kulaura Upazilla, Moulavibazar for permanent injunction by impleading the opposite party Nos. 3 to 7 as defendants for restraining some of them from dispossessing the plaintiffs from the suit land.
3. The case of the plaintiffs, in short, is that the predecessor of the plaintiffs Abdul Ka......3, 2007.
Result:
The Rule is discharged.
The Code of Civil Procedure, 1908 (Act No. V of 1908); Order 7 Rule 11
The provision of res-judicata is that no court shall try any suit or issue in which the matter directly and substantially in issue in a former suit between the same parties, o...... to costs and the impugned judgment and decree dated 21.01.2006 passed by the learned District Judge, Moulvibazar is hereby affirmed.
Ed.
This Case is also Reported in: 13 MLR (HCD) (2008) 13.
..
Category: Procedural Law | Date: | Hits: 165
Abdul Jabbar Bhuiyan and others Vs. Kulsum Banu Bibi and others, 2008, 37 CLC (HCD)
....ed as Title Suit No.28 of 2004 for trial. 3. That the case of the plaintiffs-opposite parties, in brief, are that Pandit Chandra Rudra Paul and Swarup Chandra Paul were original owners of the suit land of schedule No.1 and while they were possessing and enjoying the property Kushai Chandra Das an......esent: Syed Abu Kowser Md. Dabirush-Shan J Abdul Jabbar Bhuiyan and others………………….Defendant-Respondent-Petitioners Vs. Kulsum Banu Bibi and others……………………Plaintiff-appellant-opposite-Parties Judgment April 16, 2008. Result: The rule is made abso......ourt at the time of issuance of the rule is hereby vacated. Lower Court's record be sent down at once with a copy of the judgment. Ed. This Case is also Reported in: 13 MLR (HCD) (2008) 212. ..Category: Property Law | Date: | Hits: 112
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