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....sted at any time but with the passage of time the number of occupants increases and a basti is set up automatically and this happens either with the collusion of the caretakers or acquiescence of the owner in not challenging the illegal entry at the proper time. There are occupants in the basti livi......540....... further directed that the petitioner should not be evicted without observing the provisions of law. There will be no order as to cost.
Ed.
This Case is also Reported in: 53 DLR (HCD) (2001) 540...
Category: Property Law | Date: | Hits: 97
Abdur Razzaque Mollah Vs. Md. Qayum Mollah & others, 2001, 30 CLC (HCD)
....a Contractor. They have previous acquaintance with each other. It is not disputed that the subject matter of the suit is a land as well as the building on it and Mr. Abdur Razzaque Mollah is the real owner. Mr. Abdur Razzaque Mollah desired to construct a dwelling house for his own living at Bagerha......………Appellant Vs. Md. Qayum Mollah & others……...Opposite Parties. Judgment August 14, 2001. Cases Referred To- 43 DLR (AD) 78; 43 DLR (AD) 125; AIR 1975 All 341; Ram Chand Appellant Vs. Rain Swamp Respondent AIR 1952 Allahabad 654; Jalaluddin Mia Vs. Md. Yunus 1982 BC......s of the case, we direct the parties to bear their respective costs all through. Send down the lower Court’s Record immediately. Ed. This Case is also Reported in: 53 DLR (HCD) (2001) 535. ..Category: Civil Law | Date: | Hits: 71
Sohail Thakur and others Vs. State, 1998, 27 CLC (HCD)
....l was not proper exercise of judicial discretion on the part of the learned Additional Session Judge. (8) Since a civil Suit is pending between the absconding accused Faruk Thakur’s wife and the owner of the house and there was an order of status quo and the victim was no longer a tenant of the......ons made above. Ed. This Case is also Reported in: 51 DLR (1999) 199.......rar is directed to send copy of this judgment to the Sessions Judges for their future guidance and compliance with the directions made above. Ed. This Case is also Reported in: 51 DLR (1999) 199...Category: Criminal Law | Date: | Hits: 33
Bengal Bricks Industries Ltd. Vs. Al-haj Md. Ishaque Chowdhury and others, 2004, 33 CLC (HCD)
....lease of entire suit property as described in the schedule to the plaint for 99 years on 7-8-63 from the Public Works Department of the erstwhile East Pakistan Government. While said firm was thus in owner in possession a suit being Other Suit No. 228 of 1981 was filed in the Third Court of Subordin......ivil Appellate Jurisdiction) Present: Syed AB Mahmudul Huq J Md. Abdur Rashid J Bengal Bricks Industries Ltd………………………….Appellant Vs. Al-haj Md. Ishaque Chowdhury and others.........................Respondents Judgment July 19, 2004. Cases Referred to- ......the appeal is allowed with cost. Impugned judgment and decree are hereby set aside. The suit is dismissed. Send down the records at once. Ed. This Case is also Reported in: 58 DLR (2006) 62. ..Category: Property Law | Date: | Hits: 71
Shamsul Haque Vs. Luna Fahmida Rahman and others, 2004, 33 CLC (HCD)
....ls of land of plot No. 5158 appertaining to SA Khatian No. 184 of Mouza Radhavallav in the District of Rangpur. 3. The plaint case, in short, is that Jadunath Sarker and Sitesh Chandra Biswas were owners in possession as 'Korfa' tenants in equal share in said 36 decimals of land under one rent re...... (Civil Original Jurisdiction) Present: Md. Abdur Rashid J Siddiqur Rahman Miah J Shamsul Haque…………………………………………...Appellant Vs. Luna Fahmida Rahman and others……………………. Respondents. Judgment January 21, 2004. Cases Ref......l Haque in Other Suit No. 15 of 98 is directed to vacate the suit house within sixty days from date positively. Send down the LCR at once. Ed. This Case is also Reported in: 58 DLR (2006) 51...Category: Property Law | Date: | Hits: 139
World Tel Bangladesh Ltd. Vs. Government of Bangladesh and others, 2005, 34 CLC (HCD)
.... the Transfer of Property Act runs as follows: "35. Where a person professes to transfer property which he has no right to transfer, and as part of the same transaction confers any benefit on the owner of the property, such owner must elect either to confirm such transfer or to dissent from it; ...... Present: Syed Mahmud Hossain J Quamrul Islam Siddiqui J World Tel Bangladesh Ltd………………………………………………………Petitioner Vs. Government of Bangladesh and others…………………………………Respondents. Judgment April 23, 2005. Case......discharged without any order as to costs. The order of status quo granted at the time of issuance of the Rule is hereby recalled and vacated. Ed. This Case is also Reported in: 58 DLR (2006) 14...Category: Information Technology Law | Date: | Hits: 321
....d 8-9-l983. During pendency of the aforesaid appeal petitioner’s father died and accordingly, his three brothers and mother impleaded themselves as appellants. Thereafter, the petitioner and his co-owners filed Title Execution Case No.5 of 1984 and ultimately, obtained possession of the land on 8-......
(Special Original Jurisdiction)
Present:
Md. Joynul Abedin J
ABM Khairul Haque J
Abdul Moin ……………Petitioner
Vs.
Bangladesh represented by the Secretary, Ministry of Land, Secretariat Building & others. ………………….Respondents.
Judgment
March 28, ......iving any decision either allowing or rejecting the mutation. Additional Deputy Commissioner (Revenue) while forwarding the record to the Ministry observed the Lacca Tura Tea Estate was the owner and possessor of the land in question on the basis of settlement by the Government and there was no scop..
Category: Property Law | Date: | Hits: 95
Parul Bala @ Parul Rani Shah Mondol Vs. Suruj Miah and others, 2001, 30 CLC (HCD)
.... contesting defendants. All these questions have been concurrently decided in favour of the plaintiffs by the Courts below. 10. Their further case is that the defendant No.2 alone was not the sole owner of the suit property. But that question did not arise at all to be decided in this legal confl......2001) 481.......)68 is disposed of accordingly, the judgments and decrees of, the Courts below are set aside. The suit is decreed in full. No costs. Ed. This Case is also Reported in: 53 DLR (HCD) (2001) 481...Category: Property Law | Date: | Hits: 83
Milon @ Shahabuddin Ahmed Vs. State, 2001, 30 CLC (HCD)
....lty of the charge under section 307 of the Penal Code and accordingly, convicted and sentenced them as mentioned above. 6. The informant P.W.1 Nazi-al Islam is the father of the deceased Azhar and owner of a photo studio at Monoharpur. He narrated the prosecution case that on 1-7-1979 at about 7-......oner Vs. State……….Opposite Party Judgment July 2, 2001. Cases Referred To- Kalyan Kumar Chowdhury Vs. The State, 1989 BLD (AD) 12; State Vs. Tota Mia, 51 DLR 244; Alkas Mia and others Vs. The State, 25 DLR 398; Alamgir Hossain (Md.) alias Alamgir Hossain and another Vs. St...... Ahmed are hereby maintained. Send down the lower Court records along with a copy of this judgment to the Court concerned at once. Ed. This Case is also Reported in: 53 DLR (HCD) (2001) 464. ..Category: Criminal Law | Date: | Hits: 35
Gurvinder Singh Vs. Secretary, Ministry of Finance and others, 1992, 21 CLC (HCD)
....ted stating that the petitioner is a salaried employee as of the firm Messers Cross Towny Inc., and he has been treated such because the petitioner did not, could not show any document that he is the owner of the firm situated in USA. It has been further stated that the petitioner is a salaried empl...... High Court Division (Special Original Jurisdiction) Present: Anwarul Haque Chowdhury J KM Hasan J Gurvinder Singh…………..Petitioner Vs. Secretary, Ministry of Finance and others…………..Respondents. Judgment July 8, 1992. Lawyers Involved: Masood R ...... In the result, this Rule is disposed of on the above observations without any order as to costs. Communicate this order at once. Ed. This Case is also Reported in: 53 DLR (HCD) (2001) 434. ..Category: Fiscal/Taxation Law | Date: | Hits: 98
....t Trust) plot and the same was allotted in favour of one Ali Mohammad Abbas on the basis of a lease deed 28-9-1961 (Annexure-A). The said allottee constructed a two-storied building thereon. The said owner, Ali Mohammad Abbas, entered into a contract with the petitioner and executed a bainapatra on ......(Special Original Jurisdiction)
Present:
Syed JR Mudassir Hussain J
Syed Mahmud Hussain J
Hamayet Uddin Ahmed………….….Petitioner
Vs.
First Court of Settlement, Bangladesh Abandoned Building & others..………….Respondents
Judgment
May 8, 2001
Cases Referred......ons stated here in above the Rule is liable to be discharged.
In the result, the Rule is discharged without any order as to cost.
Ed.
This Case is also Reported in: 53 DLR (HCD) (2001) 426.
..
Category: Property Law | Date: | Hits: 103
Abul Kashen (Md.) Vs. Chairman, RAJUK and others, 2000, 29 CLC (HCD)
....¦¾à¦œà¦‰à¦•/৩সি-১৪৮৩/৮৯/৩২৬ should not be declared to have been made illegally, without lawful authority, arbitrarily and without any legal effect. 2. The petitioner is the owner of Plot No.22/A/1 of the layout plan of Eastern Housing Ltd. comprising more or less 1 katha o...... High Court Division (Special Original Jurisdiction) Present: Syed JR Mudassir Hussain J Md. Awlad Ali J Abul Kashen (Md.) …………………Petitioner Vs. Chairman, RAJUK and others ……………………….Respondents. Judgment March 13, 2000. Lawyers Involv......n already made under the order of this Court should not be disturbed in any way by the respondents. There will be no order as to costs. Ed. This Case is also Reported in: 52 DLR (2000) 488. ..Category: Property Law | Date: | Hits: 114
A Rouf Chowdhury and another Vs. Bangladesh and others, 2000, 29 CLC (HCD)
.... the petitioners should not be declared to have been passed without any lawful authority and as such of no legal effect. 2. In the writ petition, it is stated, inter alia, that the petitioners are owners in possession of CS Plot No.52 and 159 comprising in Municipal Holding No.113-116, Old Airpor......s case is also Reported in: 52 DLR (2000) 461. ......n view of our decision, the order issued earlier directing the parties to maintain status quo in respect of construction is hereby vacated. Ed. This case is also Reported in: 52 DLR (2000) 461. ..Category: Property Law | Date: | Hits: 125
Zafela Begum and others Vs. Atikulla and others, 2011, 40 CLC (AD)
....the period between 9th July, 1955 and 21st June, 1962 with a view to deprive the plaintiffs from their inherited and acquired property. 20. Section 47 of the Transfer of Property Act applies when owners who hold estate as tenants in common transfer a part of the estate, the share of each co-owne...... 16 MLR (AD) (2011) 216, VIII ADC (2011) 907. ......l is allowed without any order as to costs. Ed. This Case is also Reported in: 16 BLC (AD) (2011) 46, 31 BLD(AD) (2011) 111, 8 LG (AD) (2011) 133, 16 MLR (AD) (2011) 216, VIII ADC (2011) 907. ..Category: Property Law | Date: | Hits: 127
Hossain Khan (Md.) and others Vs. Government of Bangladesh & others, 2001, 30 CLC (HCD)
....he learned Subordinate Judge dismissed the Arbitration Case. 2. The facts out of which appeal No. 152 of 2001 arises are that, the appellants are the heirs late Alhaj Md. Noor Hossain, who was the owner of CS Plot No. 692, JL No. 251 of Mouza Dhanmondi, Dhaka. The Deputy Commissioner, Dhaka requi......his Case is also Reported in: 55 DLR (2003) 264. ......Rule No. 250(FM) of 2001 is also made absolute. Having regard to the facts and circumstances of the case we make no order as to costs. Ed. This Case is also Reported in: 55 DLR (2003) 264. ..Category: Property Law | Date: | Hits: 95
Omar Ali Sheikh Vs. Shamsul Alam Mridha and others, 2002, 31 CLC (HCD)
....same was barred by limitation. The story of oral agreement for sale is absolutely false and he did not receive Taka 30,000 as earnest money. The defendant No. 1 is a landless cultivator. The original owner of the suit land is Government and the Government leased out the same to him for a period of 1......me Court High Court Division (Civil Revision Jurisdiction) Present: Hasan Foez Siddique J Omar Ali Sheikh......................................Petitioner Vs. Shamsul Alam Mridha and others..............Opposite Parties Judgment December 10, 2002. Lawyers Involved: ...... the Rule is discharged without any order as to cost. The order of stay granted at the time of the issuance of the Rule is hereby vacated. Ed. This Case is also Reported in: 55 DLR (2003) 257. ..Category: Property Law | Date: | Hits: 84
Hasna Banu Vs. Bangladesh and others, 2004, 33 CLC (HCD)
....udge at Manikganj for declaration of her title in 2 decimals of land with two tin buts thereon fully described in the schedule to the plaint. 3. Plaint case, in short, is that one Tamej Sheikh was owner in possession of 3 decimals of land including the suit land, which was accordingly record in h......t High Court Division (Civil Revisional Jurisdiction) Present: Abdur Rashid J SAB Mahmudul Huq J Hasna Banu……………………………………Petitioner Vs. Bangladesh and others ………………..Opposite Parties Judgment May 8, 2004. Case Referred To- ......d at the time of issue of the Rule on 9‑3‑1997 is hereby recalled and vacated. Send down the record at once. Communicate at once. Ed. This Case is also Reported in: 56 DLR (2004) 344. ..Category: Property Law | Date: | Hits: 76
Ali Akbar (Md) and others Vs. Sakina Begum and others, 2002, 31 CLC (HCD)
.... 248. 6. The issue facing us is, whether the order appointing a receiver in a partition suit is well founded on the facts of the case and the law. 7. Admitted case is that Maulavi Alimullah was owner in possession of the entire suit property. He died leaving a wife, Hasina Begurn two sons and ...... This Case is also Reported in: 56 DLR (HCD) (2004) 303. ......der of stay is recalled. Learned Joint District Judge is directed to proceed with the Suit, expeditiously, Communicate at once. Ed. This Case is also Reported in: 56 DLR (HCD) (2004) 303. ..Category: Property Law | Date: | Hits: 69
....exure D to the writ petition. The petitioner appeared before the respondent No. 2 on 1-1-1994 and made a prayer for holding an enquiry by examining the papers of the petitioner stating that he is the owner by purchase of the property and Title Suit No. 14 of 1993 was pending in respect of the schedu......rt Division
(Special Original Jurisdiction)
Present:
Md. Ruhul Amin J
Bijan Kumar Das J
Abarak Ali…………………… Petitioner
Vs.
Shefaul Karim, Assistant Commissioner, (Land) Jagannathpur, District Sunamganj …… Respondent
Judgment
August 11, 1998.
Lawyers ......without any lawful authority and is of no legal effect. In the facts and circumstances of the case, there will be no order as to costs.
Ed.
This Case is also Reported in: 51 DLR (HCD) (1999) 183...
Category: Property Law | Date: | Hits: 172
....lments. Plaintiff had no title or interest or right in the suit plot.
8. Defendant No.7 adopting the case of defendant Nos. 1 to 5 stated that after payment of the instalments he became the lawful owner of the suit plot. In order to deprive him, the plaintiff instituted the suit on false claim.
......on)
Present:
Md. Abdur Rashid J
S Rahman Miah J
Sultan Mahmud Chowdhury ............................................................Appellant
Vs.
Secretary, Ministry of Public Works and Urban Development & others........Respondents
Judgment
March 22, 2004.
Case Referre......ant No.7 are declared to be illegal, collusive, without jurisdiction, mala fide and of no legal effect.
Send down the LCR at once.
Ed.
This Case is also Reported in: 56 DLR (HCD) (2004) 269.
..
Category: Property Law | Date: | Hits: 73
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