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Bangladesh Environmental Lawyers Association (BELA) Vs. Government of Bangladesh and others, 2010, 39 CLC (HCD)

.... system of the concerned area intact and that no other Ministry shall have any say in this regard. There is no order as to costs. Ed. This Case is also Reported in: 30 BLD (HCD) (2010) 185. ......tones is damaging the layers of the soil, changing the flows of the rivers and affecting adversely their navigability, increasing the risks of floods and eroding river banks and adjacent agricultural lands. Such havoc of pollution as created by the use of the mechanized excavators is not only causin..

Category: Environmental Law | Date: | Hits: 362

Rezia Begum Vs. Abu Sayed and others, 2006, 35 CLC (HCD)

.... 2003 in the Court of Joint District Judge, 2nd Court, Chittagong for partition claiming 2/3rd share in the suit property stating, inter alia, that the suit land measuring 1.66 acres under revisional settlement plot No.490 originally belonged to one Jal Fakkar Ali who sold it to Serajul Islam by a r...... as plaintiff filed Partition Suit No.69 of 2003 in the Court of Joint District Judge, 2nd Court, Chittagong for partition claiming 2/3rd share in the suit property stating, inter alia, that the suit land measuring 1.66 acres under revisional settlement plot No.490 originally belonged to one Jal Fak..

Category: Procedural Law | Date: | Hits: 26

Moinuddin & others Vs. State, 2007, 36 CLC (HCD)

....ttal, he is now discharged from his bail bond. Let a copy of the Judgment along with the Lower Court's record be sent down at once. Ed. This Case is also Reported in: 13 BLC (HCD) (2008) 67. ......and Farid, who 5/6 minutes after died. This witness also stated that he saw the marks of bullet injury on the chest of his brother Abdul Motlib. This witness denied the defence suggestion that out of land dispute he falsely deposed against the accused persons. 24. P.W.10, Constable Montaz Ali sta..

Category: Criminal Law | Date: | Hits: 24

Engineer Shaikh Rubaiyet Islam Vs. Bangladesh & others, 2010, 39 CLC (HCD)

....uthority-respondent No.2. All the issues were settled long ago and the constituted Attorney of the petitioner has duly received all bills against two works orders from the respondent in full in final settlement of the compa­ny's claim. Further he received a cheque being cheque No.2030557 dated 10-1......e result, the writ petition fails on the ground of incompetency. Accordingly the rule is discharged without any order as to costs. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 447. ..

Category: Alternative Dispute Resolution | Date: | Hits: 96

Ashek Ali (Md.) and others Vs. Abdul Gaffar & others, 2010, 39 CLC (HCD)

....ordinate Judge, (Arbitration), Dhaka in Title Suit No.73 of 1997 is hereby set aside. Send down the lower Court's record at once. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 384. ......338 and C-339 covering a area of 7(seven) kathas within Khilgoan mouza appertaining to CS Plot Nos.557 and 559 within the city of Dhaka and after such allotment the delivery of possession of the said land was made over in favour of Nazar Ali on 20-11-74, thereafter on 29-9-81 Nazar Ali entered into ..

Category: Civil Law | Date: | Hits: 133

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)

....ent. The Court of Settlement served no notice to the parties whatsoever or upon any of the co-applicants. 10. The petitioners before this Court as appli­cants filed an application to the Court of settlement for restoration the case. 11. The Court of Settlement heard the said application on 15......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)

....dant-opposite parties contested the suit by filing a written statement denying all material allegations made in the plaint. Their case is that before C.S. operation their grandfather Keramat Ali took settlement of the suit land from Abdul Hamid and mother of Moharaj by paying a salami of Tk. 22 and ...... 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)

.... 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 caretaker of the plaintiffs Delwar Hossain has been suffering from illness and furthe......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