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

....sm. Before the abolition of Zamindary system the majority of the members of the Land Revenue Commission, Bengal, had expressed the view that whatever may have been the justification for the permanent settlement in 1793, it was no longer suited to the condition of the present time and that the Zamain...... 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

Topesh Narayan Saha and others Vs. Government of the People’s Republic of Bangladesh and others, 2012, 41 CLC (HCD)

....clared to have been passed without lawful authority and is of no legal effect. Communicate a copy of the judgment. Mohammad Bazlur Rahman J. - I agree. Ed. This Case is also Reported in: ......and 1713 prepared in the names of writ petitioners in compliance with a common order passed in Appeal Nos.6282 and 6284 of 2010. 3. Facts relevant for disposal of the Rules, in brief, are that the land measuring 69 decimals or thereabout appertaining to C. S. Khatian No.180, Plot No.595 and 04 de..

Category: Property Law | Date: | Hits: 65

Sultana Jute Mills Ltd. and another Vs. Bangladesh Bank and others, 2007, 36 CLC (HCD)

....ioners and others. The petitioners duly appeared and filed written statements in the suit denying the claim of the respondent No.3. While the suit was pending, there were negotiations for an amicable settlement of the dispute between the petitioners and respondent No.3 by rescheduling the loan liabi......is discharged without any order as to cost. The order of stay granted at the time of issuance of Rule on 3.12.2000 is hereby vacated. Ed. This Case is also Reported in: 14 MLR (HCD) (2009) 434. ..

Category: Civil Law | Date: | Hits: 112

Hachina Begum and others Vs. Abdul Mannan and others, 2010, 39 CLC (HCD)

.... that one Abdul Kader Mia, the predecessor of the plaintiffs was owner of the suit land appertaining to C.S. dag Nos. 1194 and 1195 of Mouza Char-Vaduria measuring about 17.33 acres of land, who took settlement by executing a registered kabuliyat in favour of the then Government on 7.11.21.At the ti......he Court of Subordinate Judge, 2nd Court, Barisal impleading the defendants for declaration of title on the averments that one Abdul Kader Mia, the predecessor of the plaintiffs was owner of the suit land appertaining to C.S. dag Nos. 1194 and 1195 of Mouza Char-Vaduria measuring about 17.33 acres o..

Category: Property Law | Date: | Hits: 146

Md. Sazzad Hossain Vs. M/S. Kaderia Publication and another, 2006, 35 CLC (HCD)

....f this court to the learned Joint District Judge, Additional Artha Rin Adalat No.2, Dhaka, for his information and necessary action. Ed. This Case is also Reported in: 27 BLD (HCD) (2007) 170. ......enants sold the suit property measuring 4½ kathas on 27.03.1990 under registered deed No.3673 to the plaintiff and since then the plaintiff has been owning and possessing the same by demarcating the land with the muli Bamboo fencing and raising muli bamboo house and appointing caretaker thereat. It..

Category: Property Law | Date: | Hits: 84

Md. Fazlul Haque and others Vs. Government of Bangladesh and others, 2012, 41 CLC (HCD)

.... 1997; that in the instant writ petition the allotment letter dated 1.2.1994 (annex-G) has been challenged, but in the earlier writ petition filed by Kofiluddin, a Memo dated 19.12.1996, by which the settlement authority had cancelled his allotment, was challenged. Therefore, the subject matter in t......filuddin. 2. Facts leading to issuance of the Rule, in brief, are that the petitioners’ predecessor-in-interest Abeda Khatun and her co-sharers were the lawful owners in possession of a piece of land measuring .6343 acres at Mouza Ibrahimpur, Dhaka Cantonment, Dhaka which was acquired by the Go..

Category: Property Law | Date: | Hits: 82

Md. Rakibul Islam and others Vs. Anwar Hossain and another, 2009, 38 CLC (HCD)

....as been discharged so the connecting rule in C. Rule No.551(R) of 1999 is also discharged. Send down the L.C. Records immediately. Ed. This Case is also Reported in: 30 BLD (HCD) (2010) 395. ......gainst defendants Anwar Hossain Gazi, Shahanara Begum and Government of the People's Republic of Bangladesh as defendant Nos. 1, 2 and 3 for specific performance of contract for selling 1.95 acres of land for a consideration of Tk. 15,000/-, stating, inter alia, that the suit land of Felir Char Mouz..

Category: Property Law | Date: | Hits: 103

Md. Akkas Ali Vs. Government of Bangladesh and others, 2010, 39 CLC (HCD)

....case, we find no merit in the Rule. The Rule, therefore, fails. Accordingly, the Rule is discharged without any order as to costs. Ed. This Case is also Reported in: 30 BLD (HCD) (2010) 390. ...... in 1952. Since the Union Parishad building is dilapidated, it has not been used for a pretty long time. Furthermore, the Parishad Building goes under water during rainy season almost every year. The land on which the Parishad Building is situated has been threatened by river erosion. The Biaghat Un..

Category: Administrative Law | Date: | Hits: 261

Doon Valley Rice Limited Vs. MV Yue Yang and others, 1996, 25 CLC (HCD)

.... well as the application for the return of the plaint are rejected. And the suit is held to be maintainable in Admiralty Jurisdiction. Ed. This Case is also Reported in:48 DLR (HCD) (1996) 531. ......Malik Sajawal Khan Vs. Deputy Commissioner, Sargodha and another, PLD 1968 (Paragraph 4); Bombay Vs. Ramchndra Dhondo Datar (1); GanPati Nana Power and another Vs. Jiwanabai Kom Subanna(2); Bundi Portland Cement Ltd. Vs. Abdul Hussin Essaji (3); Nanjibhai Jethabhai Vs. Popatlal Shriraj and others (4..

Category: Admiralty Law or Maritime Law | Date: | Hits: 258

Rakibuddin Talukder Vs. Government of Bangla­desh and others, 2009, 38 CLC (HCD)

....uted a kabuliyat in favour of Zamindar for the ক schedule land on 1st Kartik, 1348 BS. Since then the plaintiff has been exercising right, title and posses­sion over the suit land. But during S.A. settlement operation, the land was recorded in abstract khatian of the Government for which the titl...... the petitioner as plaintiff instituted Other Class Suit No.259 of 1980 in the Court of Munsif, Sirajganj, pleading opposite parties as defendants for declaration of title in respect of 1.83 acres of land out of 9.80 acres described in the schedules ক and খ of the plaint. 3. The plaintiff's c..

Category: Property Law | Date: | Hits: 76

Abdul Khaleque Shah Vs. Administrator of Waqfs and others, 1996, 25 CLC (HCD)

.... the same till finalisation of the proceeding under section 32 of the Waqf Ordinance 1962 is set aside. There is no order as to costs. Ed. This case is also Reported in:49 DLR (HCD) (1997) 427. ...... the petitioner. The learned Advocate submits that the order of the respondent No.1 directing the respondent No.4. Upazila Nirbahi Officer to reap the paddy grown by the petitioner (Mutawalli) in the land of the Waqf Estate and to take step for preservation thereof till disposal of the proceeding un..

Category: Trust/Waqf Law | Date: | Hits: 85

Nazrul Islam (Md.) Vs. Bangladesh and others, 2007, 36 CLC (HCD)

....er's property is declared to have been made without any lawful authority and is of no legal effect. Communicate the order at once. Ed. This Case is also Reported in: 13 BLC (HCD) (2008) 39. ......ffect. 2. Short facts leading to this Rule are that the Land Acquisition Officer, Rajshahi, res­pondent No.3 in LA Case No, 22 of 1996-97 proposed for acquisition and requisition of 4.24 acres of land for the construction of office and godown of Customs and VAT Collectorate, Rajshahi, by issuing..

Category: Property Law | Date: | Hits: 62

Rajdhani Unnayan Kartipakha (RAJUK) Vs. Eunus Ali & others, 2012, 41 CLC (AD)

....ined in Title Suit No.464 of 1985 was a nullity and consequently, the impugned judgment is set-aside without any order as to costs. Ed. This Case is also Reported in: 18 BLC (AD) (2013) 1. ......Judge, Dhaka, renumbered as Title Suit No.464 of 1985 in the Second Court of Sub-ordinate Judge, Dhaka for declaration of title and recovery of khas possession. Their case, in short, is that the suit land mentioned in the schedule-A to the plaint originally belonged to Niamat Ali Khan in raiyoti jot..

Category: Property Law | Date: | Hits: 104

Saleha Khatoon @ Saleha Begum Vs. Abdur Rahman Kha, 2009, 38 CLC (HCD)

....ntained. The order of injunction at the time of issuance of the rule is hereby vacated. Send down the L.C. Records immediately. Ed. This Case is also Reported in: 30 BLD (HCD) (2010) 486. ......pecific Relief Act in the Court of Senior Assistant Judge, Madhukhali, Faridpur against the defendant (Opposite Party) for recovery of possession by evicting the defendant in respect of 5 decimals of land morefully described in the schedule of the plaint. 3. The defendant (Opposite Party) field a..

Category: Civil Law | Date: | Hits: 114

Pran Gopal Saha and others Vs. Rafique Uddin Ahmed being dead his heirs 1(Ka) Fatema Begum and others, 2010, 39 CLC (HCD)

....ined. The order of stay granted at the time of issuance of the rule is hereby vacated. Send down the L.C. Records immediately. Ed. This Case is also Reported in: 30 BLD (HCD) (2010) 444. ......te parties No.2-5 for specific performance of contract stating, inter alia, that on 21.03.1974 the father of the petitioners entered into a Bainapatra with opposite parties No.3 and 4 for purchase of land described in the schedule of the plaint at Taka 4,000/- and paid Tk. 3,700/- to opposite partie..

Category: Civil Law | Date: | Hits: 103

Nirmal Chandra Halder Vs. Hasina Begum and others, 2012, 41 CLC (HCD)

....rt considers that further evidence is required to be adduced, it is at liberty to give the parties such opportunity. Send down the lower Court’s records. Ed. This Case is also Reported in: ......f 1999. 2. The petitioner Nirmal Chandra Halder and his aunty Nando Rani Halder as plaintiffs instituted a suit for perpetual injunction on the averments, inter alia, that an area of 6.75 acres of land appertaining to C.S. Khatian No.29 of Koikhali Mouza under Police Station Kathalia, District Jh..

Category: Civil Law | Date: | Hits: 73