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Abdul Matin Vs. Government of the People's Republic of Bangladesh, 2007, 36 CLC (HCD)

....ation of possession therein. ii. A decree of permanent injunction restraining first-defendant of the suit, Government of East Pakistan, represented by Col­lector, Tripura District from making any settlement elsewhere in respect of second schedule property. b. Cadastral Survey Plot No.596 cove......Order/Judgment/Decree maintained by last ladder of hierarchy take recourse to ingenious methods in filing Civil proceedings to rout order/ Judgment and decree of Courts including highest Court of the land. Seekers of Justice in whose favour Judicial verdict had been pro­nounced are to wait, wait an..

Category: Property Law | Date: | Hits: 69

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

....া কোনো বাংলাদেশি মানুষের পক্ষেই সম্ভব না।” Sheikh Md. Zakir Hossain J. - I agree. Ed. This Case is also Reported in: ......l. The whole family found themselves at a paradoxical jeopardy, they fell prey to the vengeance of General Ziaur Rahman. The Petitioner No. 1 had to go to the ground. On arrest, he was interned in a clandestine torture cell knownas “Safe Hole”, located inside Dhaka Cantonment, and was kept there..

Category: Criminal Law | Date: | Hits: 154

Amarbati Natya Mandir Vs. State, 2009, 38 CLC (HCD)

....n for leave to proceed with the suit after amendment of the plaint is allowed. The order of abatement of the suit is also set aside. Ed. This Case is also Reported in: 61 DLR (HCD) (2009) 217. ......private individual Shri Piyush Kami Ghosh without looking at the description of the in the case title and the relief claimed in the suit. According to the plaintiff, the proprietary right in the suit lands vests in it by a deed of endowment which is a temple and it has the right to institute the sui..

Category: Civil Law | Date: | Hits: 104

Rezia Sultan & another Vs. Md. Haroon Malik and another, 2011, 40 CLC (HCD)

....cellaneous case No.192 of 1980 are set aside. Send down the lower Court records at once. Communicate this order at once. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 347.   ......decree for recovery of possession if the tenant thrown out of possession of the premises. It can set­tle only the right of the tenant as regard the possession over the suit premises i.e. whether the landlord acted in accordance with law or in accordance of the terms of the agreement, that is, if th..

Category: Civil Law | Date: | Hits: 94

Hashem Ali & Others Vs. Suruj Ali & Others, 2010, 39 CLC (HCD)

....t Judge, 1st Court, Tangail, is hereby set aside and that of the trial Court is restored. Let the LC records be sent down at once. Ed. This Case is also Reported in: 18 BLT (HCD) (2010) 295. ......of one Jumu Sheik. The said Mokdom Ali Sheik and Jomu Sheik were the sons of Basharat Sheik. The Plaintiff-Appellant-Opposite parties by filing Partition Suit on 3.2.1999, alleged inter-alia that the landed property within Mouja Surujgonj, under District and Police Station Tangail comprised in C.S. ..

Category: Property Law | Date: | Hits: 83

Khorshid Nayeem and others Vs. Land Appeal Board land others, 2010, 39 CLC (HCD)

.... to the extent of 5.17 acres as it originally stood. Communicate this Judgment to the Land Appeal Board (respondent No.1) at once. Ed. This Case is also Reported in: 17 BLC (HCD) (2012) 511. ...... Original Jurisdiction) Present: Moyeenul Islam Chowdhury J AKM Abdul Hakim J Khorshid Nayeem and others……………………………………Petitioners Vs. Land Appeal Board land others……………………………………Respondents Judgment June 3, 2010. Res..

Category: Property Law | Date: | Hits: 115

Md. Munsur Ali & others Vs. Sher Mohammad being dead his heirs: 1(A) Most. Tara Bibi and others, 2009, 38 CLC (HCD)

....tay granted earlier by this Court stands vacated. Let a copy of this judgment along with lower Courts record be sent down at once. Ed. This Case is also Reported in: 30 BLD (HCD) (2010) 363. ......as such the same are in effective and not binding upon the plaintiffs and also for partition of the property as given in 'Ka', 'Kha' and 'Ga' schedule of the plaint stating, inter alia, that the suit land as given in schedule 'Ka', 'kha' and 'Ga' of the plaint was originally belonged to Bilat Ali Mo..

Category: Property Law | Date: | Hits: 66

Md. Ragib Hasan Khan @ Munu Vs. State and another, 2009, 38 CLC (HCD)

....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. ......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..

Category: Procedural Law | Date: | Hits: 79

Aleka Khatun and others Vs. Government of Bangladesh, 2004, 33 CLC (HCD)

....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. ......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..

Category: Property Law | Date: | Hits: 69

Alam Taj Begum @ Monowar Begum & others Vs. Nimai Chandra Roy, 2009, 38 CLC (HCD)

....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. ......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..

Category: Procedural Law | Date: | Hits: 69

Abdul Quddus Vs. Mobarak Hossain, 1996, 25 CLC (HCD)

.... 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. ......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..

Category: Procedural Law | Date: | Hits: 82

Akbar Hossain (Md.) Vs. Bangladesh and others, 1996, 25 CLC (HCD)

....d superfluous order to this effect. With the above observation, the Rule is, accordingly, discharged without any order as to costs. Ed. This Case is also Reported in:48 DLR (HCD) (1996) 291. ......d superfluous order to this effect. With the above observation, the Rule is, accordingly, discharged without any order as to costs. Ed. This Case is also Reported in:48 DLR (HCD) (1996) 291. ..

Category: Property Law | Date: | Hits: 77

State Vs. Government of Bangladesh and others, 2011, 40 CLC (HCD)

.... 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: ......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..

Category: Constitutional Law | Date: | Hits: 642

Rais Ali alias Md. Rais Ali and others Vs. Mst. Hajera Khatun and others, 2009, 38 CLC (HCD)

....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. ......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 pre­emption of the lands described in the schedule of the petition covered by kabala dated 28.08.1995 executed by Oppos..

Category: Civil Law | Date: | Hits: 192

Fazlul Haque (Md.) Vs. Abdul Malek and another, 2008, 37 CLC (HCD)

....and Nazmul Hossain Chowdhury of village Rustompur were owners of the suit premises from whom the petitioner took lease of the suit shop many years back and paid rent to them regularly. By an amicable settlement, Ahmed Reza Chowdhury got the suit shop in his share. When he refused to receive rents, t...... 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 ..

Category: Civil Law | Date: | Hits: 281

Ibrahim Akand and others Vs. Securities and Exchange Commission and others, 2009, 38 CLC (HCD)

....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. ......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..

Category: Business or Commercial Law | Date: | Hits: 462

Mehir Chandra Bhomick Vs. Deputy Commissioner, Brahmanbaria and others, 2007, 36 CLC (HCD)

....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. ......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 ..

Category: Property Law | Date: | Hits: 155

Gopinath Das and others Vs. Government of Bangla­desh & others, 2010, 39 CLC (HCD)

.... 18th Chaitra, 1339 B.S. by said GC Basak by way of making an endorsement on the back of the same and on the same day he issued a fresh amalnama in favour of plaintiff No.1 and his benaMd.ar granting settlement of said B schedule land in favour of Plaintiff No.1 (since dead) on acceptance of rent an......toration of a suit earlier decreed ex parte, fit­ness 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..

Category: Property Law | Date: | Hits: 149

Shah Alam (Md.) Vs. Bangladesh Water Deve­lopment Board, 2012, 41 CLC (HCD)

....16,29,436 only. Plaintiff on 2-9-1992 submitted bill and requested defendant opposite party No.1 to pay the bill. Subsequently, plaintiff petitioner on 2-9-1992 submitted representation and asked for settlement of the bill through Arbitration. Since the defendant opposite parties failed to start Arb......rder of stay at the time of issuance of the rule is hereby vacated. Let a copy of the Judgment be sent to the Court below at once. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 245. ..

Category: Civil Law | Date: | Hits: 195

Bank of Small Industries & Commerce Bangladesh Vs. Shahabuddin Ahmed, 2012, 41 CLC (HCD)

....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. ......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..

Category: Civil Law | Date: | Hits: 161