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Md. Mosarraf Hossain Mondol Vs. Md. Elias Hossain Mollick and others, 2007, 36 CLC (HCD)

....anted earlier by this Court stands vacated. 29. Send down the lower Court's record at once with a copy of Judgment for information. Ed. This Case is also Reported in: 7 LG (HCD) (2010) 107. ......erative. 3. The plaintiffs case, in brief, is that the suit property was originally belonged to Debendra Nath Dingi and his name was duly recorded; that during the partition of India, the schedule land was in the territory of the then East Pakistan now Bangladesh and he was obstructed to use the ..

Category: Procedural Law | Date: | Hits: 114

State Vs. Md. Mobarak and others, 2008, 37 CLC (HCD)

....sions Judge. 137. Send down the L.C. records at once. 138. Send a copy of the judgment to the trial Judge at his present place. Ed. This Case is also Reported in: 18 BLT (HCD) (2010) 138. ......ese houses are on the Eastern side. He did not know whether Abul Kalam had any brickfield or for that matter he applied to the relevant department. It is not a fact that Abul Kalam did not demand any land for brickfield from his brothers. He could not remember whether he mentioned the schedule in th..

Category: Criminal Law | Date: | Hits: 89

Azam Ali and another Vs. Akram Ali and others, 2010, 39 CLC (HCD)

....of status quo granted at the time of issuance of the Rule is hereby re-called and vacated. 20. Send down the lower Courts records. Ed. This Case is also Reported in: 18 BLT (HCD) (2010) 273. ......004 passed by the learned Joint District Judge, Second Court, Dhaka in Title Appeal No.528 of 2002 was stayed and the parties were directed to maintain status quo in respect of possession of the suit land for a period of 6(six) months. Both the orders of stay and status quo was subsequently extended..

Category: Procedural Law | Date: | Hits: 99

Md. Isahaque Ali and others Vs. State, 2007, 36 CLC (HCD)

.... bail by this Division, are discharged from the respective bail bond. Send down the L.C.R at once. Md. Rezaul Haque J.- I agree. Ed. This Case is also Reported in: 7 LG (HCD) (2010) 93. ......ion on 10.08.1993 to the effect that on 09.08.1993 at about 7/7-30 PM, he along with his sister's husband Saidur Rahman and his elder broth­er Aftab Uddin were gossiping in respect of cultivation of land sitting in the court yard after taking their night meal; that at about 9.00 pm Saidur Rahman ca..

Category: Criminal Law | Date: | Hits: 84

Engineer Mahmudul Islam and others Vs. Government of the People's Republic of Bangladesh and others, 2002, 31 CLC (HCD)

....a copy of this judgment and order be sent to the Hon'ble Prime Minister for perusal and necessary action as per our observations made above. Ed. This Case is also Reported in:55 DLR (2003) 171. ......ard Act, 1989 and as per Industrial Policy, 1991 (as revised); and that the respondent No. 8 company is a Joint Venture Company in which Orient, Maritime Limited (a Bangladeshi Company) and SSA Netherlands BV of Netherlands (subsidiary of Stevedoring Services of America of USA), are the only two(2) ..

Category: Others | Date: | Hits: 113

Abdul Mannan Mathbar Vs. Nazmul Hoque Majumder and others, 2009, 38 CLC (HCD)

....rt at the time of issuance of the rule is hereby vacated. Lower Court's records be sent down at once with a copy of the Judgment. Ed. This Case is also Reported in: 14 MLR (HCD) (2009) 317. ...... The Specific Relief Act, 1877 (Act No. I of 1877); section 54 In a suit for permanent injunction simplisitor, the plaintiff has to prove his prima facie title and exclusive possession in the suit land……………………….(9) Whether a deed is genuine or not cannot be decided in a simpl..

Category: Civil Law | Date: | Hits: 94

Human Rights and Peace for Bangladesh and others Vs. Government of Bangladesh and others, 2010, 39 CLC (HCD)

.... in the meantime, if so advised. The applications for addition of party filed by the different applicants be kept with the record. Ed. This Case is also Reported in: 30 BLD (HCD) (2010) 257. ......ance of ACI Salt Limited. Mr. Rafiqul Huq, a learned Advocate of this Court, represents this applicant. The applicant prays for directing the respondents not to evict the applicant from the foreshore land covered by its licence. 4. The applicant is a private company limited by shares. The applica..

Category: Environmental Law | Date: | Hits: 731

Waseq Ullah & Others Vs. Rezia Khatun and Others, 2010, 39 CLC (HCD)

....। 5. Defendant No.4 contested the suit by filing a written statement. It is his case that the suit land originally belonged to Goura Chandra Majumder, Ombika Charan Paul and others. In district settlement Khatian No.75 the suit land has been recorded in the name of Goura Chandra Majumder and h......dants are directed against same judgment and decree dated 12-10-1998 passed by the learned Subordinate Judge, Artha Rin Adalat, Noakhali decreeing Title Suit No.50 of 1990 in respect of 1.80 acres of land out of 2.93 acres of land of plot No.5-10 by adverse possession. 2. The plaintiff's case is ..

Category: Property Law | Date: | Hits: 83

Intertek Testing Services International Limited and others Vs. National Board of Revenue, Dhaka & others, 2003, 32 CLC (HCD)

....pay VAT, and the amount already deducted from their bills is liable to refund. We direct the parties to bear their respective costs. Ed. This Case is also Reported in: 55 DLR (HCD) (2003) 691. ...... schedule has been excluded from the area of VAT but some Government establishments and agencies like WASA, Electric Supply Authority, construction organisation, Land Developer and Builder, Seller of land, Bank and Insurance company are not exempted from payment of VAT. But the PSI agencies appointe..

Category: Fiscal/Taxation Law | Date: | Hits: 119

Tabibullah and others Vs. Government of the People's Republic of Bangladesh and others, 2007, 36 CLC (HCD)

....ition as opposite parties is allowed. Petitioners are added as Eighth Fifteenth opposite parties in Civil Revision case. No cost. Ed. This Case is also Reported in: 13 MLR (HCD) (2008) 393. ......hi Vs. Lodu Mia Patwary and others (1986) 38 DLR (AD) 308 it has been stated: It may be necessary to point out that the leassee may have more reasons or urgency to protect his interest in the suit land than the leassor. The interest of leassor and leassee may not always be the same so as to hold ..

Category: Property Law | Date: | Hits: 82

Ruhul Amin Vs. State and another, 2007, 36 CLC (HCD)

....akhsmipur in Criminal Miscellaneous Case No.41 of 2004. In the result, the Rule is discharged. The stay order stands vacated. Ed. This Case is also Reported in: 13 MLR (HCD) (2008) 141. ...... by the learned Joint District Judge is the Kabala No.12007 of 1978 of the Laxmipur Sub Registry Office executed on 10.8.1978 and presented for registration on 21.9.1978. By that Kabala 2.50 acres of land was shown to have been sold by Mamotaz Bagum to one Mazibul Haque. The present petitioner Ruhul..

Category: Property Law | Date: | Hits: 122

Md. Abdul Latif and others Vs. Mohammad Ali and others, 2008, 37 CLC (HCD)

....erein as in the present case. It is the claim of the plaintiff that Sajimuddin being not a very intelligent person deputed Elimuddin for recording the record of rights of the disputed jote and as the settlement officers made their camp in the house of Elimuddin during the survey, taking advantage to......f joint possession into separate possession and the suit does not cease to be one for partition merely because the defendants denies the title of the plaintiff to a share of the estate or to specific land of the estate and assert a hostile title and adverse possession . . . The appellate Court wheth..

Category: Procedural Law | Date: | Hits: 115

Ali Azam Saial and others Vs. Joynal Abedin Saial and others, 2009, 38 CLC (HCD)

....rlier by this Court stands vacated. Send down the lower Courts record and a copy of the judgment and order to the Court concerned. Ed. This Case is also Reported in: 61 DLR (HCD) (2009) 299. ......er or further order or orders passed as to this Court may seem fit and proper. 2. The petitioners as plaintiffs filed Title Suit No. 10 of 1999 for declaration of title in respect of 8 decimals of land upon declaration of the kabala dated 18-4-1985 registered in favor of defendant No.1 by the Sub..

Category: Administrative Law | Date: | Hits: 452

Abdul Kader Bhuiyan and 17 others Vs. Secretary, Ministry of Land, Government of the People's Republic of Bangladesh and others, 2008, 37 CLC (HCD)

.... 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. ......…………………..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..

Category: Property Law | Date: | Hits: 121

ATM Ali Reza Khan Vs. Bangladesh Election Commission and others, 1997, 26 CLC (HCD)

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

Category: Constitutional Law | Date: | Hits: 386

Monowara Khatun and another Vs. Abdul Khaleque & others, 2011, 40 CLC (HCD)

.... Court, Dhaka in Title Suit No.181 of 1994 are here­by set aside. The suit is hereby dismissed. Send down the LC Record at once. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 371. ......Pass a decree declaring that the attempts made by the principal defendant Nos.1-4, at the investigation of the principal defen­dant 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..

Category: Procedural Law | Date: | Hits: 137

Pochon Rikssi Das Vs. Khuku Rani Dasi and others, 1997, 26 CLC (HCD)

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

Category: Family Law | Date: | Hits: 209

Elite Lamps Ltd. Vs. Secretary, Ministry of Industries and others, 2007, 36 CLC (HCD)

....nting bank not to initiate the legal proceeding or to institute a suit for realization of the outstanding dues and the recommendation and the policy as formulated in the notification dated 6-3-97 for settlement of the dues out of court for the purpose of rehabilitation of the sick industries are not......Rin Case No. 30 of 1991 expeditiously preferably within 4 (four) months from date. Communicate the Judgment to the Adalat at once. Ed. This Case is also Reported in: 61 DLR (HCD) (2009) 641. ..

Category: Constitutional Law | Date: | Hits: 334

Md. Abdul Wahab Sarker and others Vs. Md. Shahid Sarker and others, 2009, 38 CLC (HCD)

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

Category: Procedural Law | Date: | Hits: 133

Bachu Miah Vs. Samad Miah and others, 1998, 27 CLC (HCD)

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

Category: Criminal Law | Date: | Hits: 75