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....¦â€¦â€¦â€¦â€¦â€¦â€¦â€¦..Respondents
Judgment
June 4, 2008.
Result:
The Rules are discharged.
Once compensations have been paid there remains no right in the petitioner to get back the land acquired. Property validly acquired and vested in the requiring body cannot be claimed by the o...... quo granted at the time of issuance of the Rules is hereby vacated.
Ed.
This Case is also Reported in: 61 DLR (HCD) (2009) 28.
...... without any order as to costs.
The order of status quo granted at the time of issuance of the Rules is hereby vacated.
Ed.
This Case is also Reported in: 61 DLR (HCD) (2009) 28.
..
Category: Property Law | Date: | Hits: 121
ATM Ali Reza Khan Vs. Bangladesh Election Commission and others, 1997, 26 CLC (HCD)
....eria to look at the permanent residence and ordinary residence of a person. 25 years residence in India was not sufficient to acquire Indian domicile because of his alleged intention to return to Scotland, the land of his birth.” 16. Dr. Kamal Hossain then cited the case of Bond Vs. Overseers o......r as a voter and include his name in the Electoral Rolls in accordance with law. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 58. ......The respondents are directed to register the petitioner as a voter and include his name in the Electoral Rolls in accordance with law. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 58. ..Category: Constitutional Law | Date: | Hits: 386
Monowara Khatun and another Vs. Abdul Khaleque & others, 2011, 40 CLC (HCD)
....Pass a decree declaring that the attempts made by the principal defendant Nos.1-4, at the investigation of the principal defenÂdant Nos. 5 and 6 for construction of sewerage line and box in the suit land without acquisition and requisition is illegal, mala fide, arbitrary and an act of high handedn......leque & others……………Respondents Judgment November 23, 2011. Result: The Rules are made absolute. When the defenÂdants have already taken possession, a suit for permanent injunction is not maintainable. The plaintiff is to pray for recovery of possession……………â€......AD) 45, that in a simple suit for declaration of title in respect of 10.47 acres of land out of 13.14 acres of land is not maintainable as from the evidence of P.Ws. It is clear that the suit land is ejmali property and without a prayer for parÂtition the suit is barred under section 42 of the Spec..Category: Procedural Law | Date: | Hits: 137
Pochon Rikssi Das Vs. Khuku Rani Dasi and others, 1997, 26 CLC (HCD)
....cedure for trial of cases in camera if required for maintaining secrecy, confidentiality and for deciding some complicated and sophisticated matters which may not be possible under normal laws of the land. The Code of Civil Procedure except sections 10 and 11 and the Evidence Act have not been made ......subject of great public importance. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 47. ...... for the services rendered by the Amici Curiae who took great pains in addressing the Court on the subject of great public importance. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 47. ..Category: Family Law | Date: | Hits: 209
Md. Abdul Wahab Sarker and others Vs. Md. Shahid Sarker and others, 2009, 38 CLC (HCD)
....at the time of institution of the suit some of the defendants were dead. The plaintiffs fraudulently shown those summons were served upon the defendants. On 25.4.2002 few people assembled in the suit land and seeing the assembly of people, inquired out of curiosity about their presence who then disc......ords. Send down the lower Courts records immediately. Ed. This Case is also Reported in: 18 BLT (HCD) (2010) 94. ......ted to dispose of the suit within 6 months from the date of receipt of the records. Send down the lower Courts records immediately. Ed. This Case is also Reported in: 18 BLT (HCD) (2010) 94. ..Category: Procedural Law | Date: | Hits: 133
Bachu Miah Vs. Samad Miah and others, 1998, 27 CLC (HCD)
....udge, Brahmanbaria in Session Case No.83 of 1985 acquitting them should not be set aside. 2. Prosecution case is that, informant P.W.1 Bachu Miah, father P.W.5 Chand Ali purchased 0.24 decimals of land of plot No.1545 with three huts thereon and while they were in possession of the said property ......baria am directed to surrender to their bail bonds. Send down the LC record at once. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 564. ......atisfaction of the Deputy Commissioner Brahmanbaria am directed to surrender to their bail bonds. Send down the LC record at once. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 564. ..Category: Criminal Law | Date: | Hits: 75
Abdul Latif Howlader Vs. Additional Deputy CommiÂssioner (Revenue) & others, 1998, 27 CLC (HCD)
.....905 of 1989 cancelling the sale deed No.2827 dated 4‑4‑1982. 2. Respondents 3‑6 filed an application under section 7 of Bangladesh Rin Shalishi Ain, 1989 stating that they sold the disputed land to the petitioner and the deed referred to in paragraph 3 of the petition shall be cancelled. I......, the application is rejected with a cost of Taka 1,000.00 (One thousand) only. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 638. ......nder Article 102 of the Constitution. In the result, the application is rejected with a cost of Taka 1,000.00 (One thousand) only. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 638. ..Category: Constitutional Law | Date: | Hits: 222
Bangladesh Vs. Shudhir Chandra Nath, 2011, 40 CLC (HCD)
....t No.32 of 1973 should not be set aside. 2. The short facts which have given rise to the Rule are as follows: The plaintiff instituted Title Suit No.32 of 1973 for declaration of title to the suit land described in the schedule of the plaint and recovery of khas possession thereto in alternate fo......2011. Result: The Rule is discharged. The Code of Civil Procedure, 1908 (Act No. V of 1908); section 115(1) Scope of section 115(1) A Court of reviÂsion under section 115(1) CPC can interfere with the findings of fact as the final Court of facts only in exceptional circumstances wh...... suit was filed with the above prayer. 5. The defendant No.1 Government contested the suit by filing a written statement. Its case is total denial and, inter alia, case is that the suit land as in ejmali possession of Ram Krishna and Hore Krishna in equal share. After the death of Hore Krishna, h..Category: Procedural Law | Date: | Hits: 111
....96 should not be declared to have been made malafide, without any lawful authority and is of no legal effect.
2. The petitioner challenged the legality and validity of acquisition of his homestead land (inpart) in L.A. Case No.1 of 95-96 (Annexure-'A').
3. The short facts of the petitioner's c......stant Rule.
The Rule is therefore, discharged without any order as to costs.
Ed.
This Case is also Reported in: 13 MLR (HCD) (2008) 373.
......es of the case, we do not find any substance in the instant Rule.
The Rule is therefore, discharged without any order as to costs.
Ed.
This Case is also Reported in: 13 MLR (HCD) (2008) 373.
..
Category: Property Law | Date: | Hits: 73
Government of the People's Republic of Bangladesh Vs. Altaf Hossain and others, 2009, 38 CLC (HCD)
....for correction of record against Nalini Kanta and others and they got ex parte decree on 10.03.1963. Thereafter they mutatÂed their name in the record of right and have been possessing the said suit land by paying rent and taxes to the Government authority. Thereafter, said Abdul Karim and others t...... Emdadul Hoque J Government of the People's Republic of Bangladesh, repreÂsented by the Deputy Commissioner, Jhelakathi........................Defendant-Appellant-Petitioners Vs. Altaf Hossain and others...........................Opposite parÂties Judgment June 24, 2009. Result:......No.117 of 1993 is hereby upheld. The order of status quo granted earlier by this Court is hereby vacated. Send down the LCR at once. Ed. This Case is also Reported in: 7 LG (HCD) (2010) 81. ..Category: Property Law | Date: | Hits: 96
.... said Ramani Mohan Das Baishnab and has been enjoying the said properties permanently and the plaintiff is entitled to the compensation money assessed by the government in respect of the 3rd schedule land described in the plaint and for permanent injunction.
4. In the plaint, it has been started ......ected to send down the lower Courts records immediately.
Ed.
This Case is also Reported in: 18 BLT (HCD) (2010) 51.
...... and decree given at time of issuance of rule is vacated.
The office is directed to send down the lower Courts records immediately.
Ed.
This Case is also Reported in: 18 BLT (HCD) (2010) 51.
..
Category: Property Law | Date: | Hits: 102
Allama Delawar Hossain Sayedee Vs. Bangladesh, and others, 2009, 38 CLC (HCD)
....one. If the Government wants to stop the Petitioner from leaving the country, then it must start a specific criminal case against him and get a custodial order by a Court of law under the laws of the land. If the Government is allowed to restrict a person from going abroad at its discretion simply b...... Ed. This Case is also Reported in: 18 BLT (HCD) (2010) 188. ......d the respondents are hereby directed to allow the Petitioner to leave and re-enter Bangladesh. There will be no order as to cost. Ed. This Case is also Reported in: 18 BLT (HCD) (2010) 188. ..Category: Constitutional Law | Date: | Hits: 147
Md. Taimur Rahman alias Toibur Vs. State, 2010, 39 CLC (HCD)
....case, in short, inter alia, is that on 28.3.09 one Md. Dasharat Ullah lodged an FIR with the Manda Police Station alleging that on 26.3.09 his daughter-in-law Parvin took 20/25 ripe tomatoes from the land of his uncle Md. Rafizuddin thereby caused family quarrel between 2 families, consequently at a...... petitioner misuses in any way the privilege of bail. Communicate the order at once. Ed. This Case is also Reported in: 18 BLT (HCD) (2010) 272. ...... at liberty to cancel the bail, if the accused petitioner misuses in any way the privilege of bail. Communicate the order at once. Ed. This Case is also Reported in: 18 BLT (HCD) (2010) 272. ..Category: Criminal Law | Date: | Hits: 87
Rezia Khatun Chowdhurani and others Vs. Shamir Kumar Chowdhury and others, 2008, 37 CLC (HCD)
....rs late Md. Ishaq Ali (the plaintiff) instituted Title Suit No. 31 of 1970 on 26th March, 1970 for Specific Performance of Contract against the opposite parties (the defendant) in respect of the suit lands (the property) which on transfer was renumbered as Title Suit No. 68 of 1983. 2. Short fact......rged without any order as to costs. Send down the lower Court records. Ed. This Case is also Reported in: 61 DLR (HCD) (2009) 131. ...... these Rules. In the result, these Rules are discharged without any order as to costs. Send down the lower Court records. Ed. This Case is also Reported in: 61 DLR (HCD) (2009) 131. ..Category: Civil Law | Date: | Hits: 138
Nasirullah and another Vs. Government of Bangladesh and others, 2008, 37 CLC (HCD)
....on or near the property in the prescribed form and manner stating that the property is proposed to be acquired. But section 3 of the Ordinance does not enjoin service of notice upon the owners of the land proposed to be acquired…………………………(11 & 12) The Acquisition of the I......it Petition No. 3071 of 2008 is discharged without any order as to costs. Ed. This Case is also Reported in: 61 DLR (HCD) (2009) 119. ......ted. No order as to costs. The Rule issued in Writ Petition No. 3071 of 2008 is discharged without any order as to costs. Ed. This Case is also Reported in: 61 DLR (HCD) (2009) 119. ..Category: Property Law | Date: | Hits: 79
Zareen Biscuit Company Vs. Sayed M. Salimullah and others, 2010, 39 CLC (HCD)
....cquisition and Tenancy Act, 1950 (Act No. XXVIII of 1951); sections 3(1)(2), 42, 43(2) Whether the waqf estate survived the wholesale acquisition of rent receiving interest and non-retainable khas land under the SA&T Act, 1950? Wholesale acquisition of rent receiving interest and of the n......t once. Ed. This Case is also Reported in: 16 BLC (HCD) (2011) 267. ......e of dismissal passed by the Subordinate Judge, 3rd Court, Tangail, is hereby affirmed. Send down the lower Court record at once. Ed. This Case is also Reported in: 16 BLC (HCD) (2011) 267. ..Category: Trust/Waqf Law | Date: | Hits: 114
Sharifuddin and others Vs. Commissioner of Customs and others, 2009, 38 CLC (AD)
....n of statutes which is to be followed in a case where certain provisions of a different statute are incorporated in another statute by reference. The rule has been stated in the Halsbury's Laws of England 3rd Edition Vol.36 at page 404 paragraphs 611 which may be quoted as follows: "where a stat......l petitions are disposed of by the judgment in Civil Appeals. Ed. This Case is also Reported in: 9 ADC (2012) 721. ....... The appeals are therefore allowed without any order as to cost. The civil petitions are disposed of by the judgment in Civil Appeals. Ed. This Case is also Reported in: 9 ADC (2012) 721. ..Category: Fiscal/Taxation Law | Date: | Hits: 128
Abdul Karim Vs. Land Acquisition Officer, Comilla and others, 2006, 35 CLC (HCD)
....This Rule Nisi was issued calling upon the respondents to show cause as to why the acquisition proceeding in LA Case No. 8 of 1992 by the Land Acquisition officer, Comilla, acquiring the petitioner's land measuring 0.20 acres being Dag No. 647 khatian No. 312. Mouza - Homna JL No. 51. Thana - Homna,...... and observations, I concur with my learned brother in making the Rule absolute. Ed. This Case is also Reported in:61 DLR (HCD) (2009) 112. ......e without lawful authority. With the foresaid findings and observations, I concur with my learned brother in making the Rule absolute. Ed. This Case is also Reported in:61 DLR (HCD) (2009) 112. ..Category: Property Law | Date: | Hits: 85
Kartick Chandra Das and another Vs. State, 2012, 41 CLC (HCD)
....ccused named Zahangir Alam, ex-Chairman of the said PauraÂshava by misusing his power refrained from depositing Tk. 5,38,549 that is 5% of total lease money to the Government exchequer on account of land revenue collected from Dhap Sultangonj hat for the years 1413 BS; the same accused also did not......rder to the learned Special Judge, Bogra, at once for information and necessary action. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 458. ......tunity on priority basis. Communicate the order to the learned Special Judge, Bogra, at once for information and necessary action. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 458. ..Category: Procedural Law | Date: | Hits: 86
Abu Taher Chowdhury and others Vs. Showkat Ali and others, 2012, 41 CLC (HCD)
.... amendment of law, none can sublet any property and if any agreement is continuing at the time of this amendÂment of law, that shall be cancelled and the suit premises should be returned back to the landlord………………………………(14) Cases Referred to- Abdur Rashed Kha......n: 64 DLR (HCD) (2012) 455. ......he order of status-quo granted earlier by this Court is hereby recalled and vacated. Send down the Lower Court's records at once. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 455. ..Category: Administrative Law | Date: | Hits: 175
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