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Ayesha Khatun Akhtar Vs. Government of Bangladesh and another, 1998, 27 CLC (HCD)
....e date of receipt of the copy of the judgment. Let a copy of this judgment be communicated to the Respdt No.1 at once for compliance. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 639. ......e date of receipt of the copy of the judgment. Let a copy of this judgment be communicated to the Respdt No.1 at once for compliance. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 639. ..Category: Property Law | Date: | Hits: 71
Abdul Latif Howlader Vs. Additional Deputy Commissioner (Revenue) & others, 1998, 27 CLC (HCD)
....nder Article 102 of the Constitution. In the result, the application is rejected with a cost of Taka 1,000.00 (One thousand) only. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 638. .......905 of 1989 cancelling the sale deed No.2827 dated 4‑4‑1982. 2. Respondents 3‑6 filed an application under section 7 of Bangladesh Rin Shalishi Ain, 1989 stating that they sold the disputed land to the petitioner and the deed referred to in paragraph 3 of the petition shall be cancelled. I..Category: Constitutional Law | Date: | Hits: 222
Bangladesh Vs. Shudhir Chandra Nath, 2011, 40 CLC (HCD)
....al power. In the result the revision fails and the Rule is discharged without any order as to cost. Send down the LCR at once. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 309. ......t No.32 of 1973 should not be set aside. 2. The short facts which have given rise to the Rule are as follows: The plaintiff instituted Title Suit No.32 of 1973 for declaration of title to the suit land described in the schedule of the plaint and recovery of khas possession thereto in alternate fo..Category: Procedural Law | Date: | Hits: 111
....'s case is that the original owner of the land was Naida Bashi Chowkidar, from whom 15 decimals land was purchased by Ibrahim Gazi, Soleman Gazi, Mohammad Gazi, and Manu Gazi. According to the family settlement, Mohammad Gazi obtained exclusive possession of entire .15 decimals of land of plot No.89......96 should not be declared to have been made malafide, without any lawful authority and is of no legal effect.
2. The petitioner challenged the legality and validity of acquisition of his homestead land (inpart) in L.A. Case No.1 of 95-96 (Annexure-'A').
3. The short facts of the petitioner's c..
Category: Property Law | Date: | Hits: 73
Government of the People's Republic of Bangladesh Vs. Altaf Hossain and others, 2009, 38 CLC (HCD)
....oners placed the application and the impugned judgment and decree submits that both the courts committed error in law without giving any findings that the plaintiffs failed to prove the document of settlement by which the plaintiff acquired the disputed land from the Hindu owners thus the judgment......for correction of record against Nalini Kanta and others and they got ex parte decree on 10.03.1963. Thereafter they mutated their name in the record of right and have been possessing the said suit land by paying rent and taxes to the Government authority. Thereafter, said Abdul Karim and others t..Category: Property Law | Date: | Hits: 96
....time of successions of Shebait ship of deities and also mentioned some other terms for proper management. He never revoked or cancelled those deeds either expressly or by implication. During the last settlement and survey operation the suit properties with some other properties through mistake were ...... said Ramani Mohan Das Baishnab and has been enjoying the said properties permanently and the plaintiff is entitled to the compensation money assessed by the government in respect of the 3rd schedule land described in the plaint and for permanent injunction.
4. In the plaint, it has been started ..
Category: Property Law | Date: | Hits: 102
Allama Delawar Hossain Sayedee Vs. Bangladesh, and others, 2009, 38 CLC (HCD)
....d the respondents are hereby directed to allow the Petitioner to leave and re-enter Bangladesh. There will be no order as to cost. Ed. This Case is also Reported in: 18 BLT (HCD) (2010) 188. ......one. If the Government wants to stop the Petitioner from leaving the country, then it must start a specific criminal case against him and get a custodial order by a Court of law under the laws of the land. If the Government is allowed to restrict a person from going abroad at its discretion simply b..Category: Constitutional Law | Date: | Hits: 147
Md. Taimur Rahman alias Toibur Vs. State, 2010, 39 CLC (HCD)
.... at liberty to cancel the bail, if the accused petitioner misuses in any way the privilege of bail. Communicate the order at once. Ed. This Case is also Reported in: 18 BLT (HCD) (2010) 272. ......case, in short, inter alia, is that on 28.3.09 one Md. Dasharat Ullah lodged an FIR with the Manda Police Station alleging that on 26.3.09 his daughter-in-law Parvin took 20/25 ripe tomatoes from the land of his uncle Md. Rafizuddin thereby caused family quarrel between 2 families, consequently at a..Category: Criminal Law | Date: | Hits: 87
Rezia Khatun Chowdhurani and others Vs. Shamir Kumar Chowdhury and others, 2008, 37 CLC (HCD)
.... these Rules. In the result, these Rules are discharged without any order as to costs. Send down the lower Court records. Ed. This Case is also Reported in: 61 DLR (HCD) (2009) 131. ......rs late Md. Ishaq Ali (the plaintiff) instituted Title Suit No. 31 of 1970 on 26th March, 1970 for Specific Performance of Contract against the opposite parties (the defendant) in respect of the suit lands (the property) which on transfer was renumbered as Title Suit No. 68 of 1983. 2. Short fact..Category: Civil Law | Date: | Hits: 138
Nasirullah and another Vs. Government of Bangladesh and others, 2008, 37 CLC (HCD)
....ted. No order as to costs. The Rule issued in Writ Petition No. 3071 of 2008 is discharged without any order as to costs. Ed. This Case is also Reported in: 61 DLR (HCD) (2009) 119. ......on or near the property in the prescribed form and manner stating that the property is proposed to be acquired. But section 3 of the Ordinance does not enjoin service of notice upon the owners of the land proposed to be acquired…………………………(11 & 12) The Acquisition of the I..Category: Property Law | Date: | Hits: 79
Zareen Biscuit Company Vs. Sayed M. Salimullah and others, 2010, 39 CLC (HCD)
....he alleged pattannama in the names of the predecessors-in-interest of the plaintiff is forged, fabricated and subsequently created for the purpose of the suit. The original Zamindars did neither give settlement of the land to nor did they receive rent from anyone in respect of the suit land or the e......cquisition and Tenancy Act, 1950 (Act No. XXVIII of 1951); sections 3(1)(2), 42, 43(2) Whether the waqf estate survived the wholesale acquisition of rent receiving interest and non-retainable khas land under the SA&T Act, 1950? Wholesale acquisition of rent receiving interest and of the n..Category: Trust/Waqf Law | Date: | Hits: 114
Sharifuddin and others Vs. Commissioner of Customs and others, 2009, 38 CLC (AD)
..... The appeals are therefore allowed without any order as to cost. The civil petitions are disposed of by the judgment in Civil Appeals. Ed. This Case is also Reported in: 9 ADC (2012) 721. ......n of statutes which is to be followed in a case where certain provisions of a different statute are incorporated in another statute by reference. The rule has been stated in the Halsbury's Laws of England 3rd Edition Vol.36 at page 404 paragraphs 611 which may be quoted as follows: "where a stat..Category: Fiscal/Taxation Law | Date: | Hits: 128
Md. Enamul Haque Vs. Md. Ekramul Haque and others, 2011, 40 CLC (HCD)
....esses resides, or the account books are kept…….……………..(16) The initial conditions for transferring the case are that it should be filed at the earliest possible time and next, before settlement of issues…………….(17) The Learned Judge after passing the impugned order cleve......of the suitsexpeditiously preferably within 6(Six) months from the date of receipt of this order. Communicate this order at once. Ed. This Case is also Reported in: 16 BLC (HCD) (2011) 263. ..Category: Procedural Law | Date: | Hits: 179
Abdul Karim Vs. Land Acquisition Officer, Comilla and others, 2006, 35 CLC (HCD)
....e without lawful authority. With the foresaid findings and observations, I concur with my learned brother in making the Rule absolute. Ed. This Case is also Reported in:61 DLR (HCD) (2009) 112. ......This Rule Nisi was issued calling upon the respondents to show cause as to why the acquisition proceeding in LA Case No. 8 of 1992 by the Land Acquisition officer, Comilla, acquiring the petitioner's land measuring 0.20 acres being Dag No. 647 khatian No. 312. Mouza - Homna JL No. 51. Thana - Homna,..Category: Property Law | Date: | Hits: 85
Kartick Chandra Das and another Vs. State, 2012, 41 CLC (HCD)
....tunity on priority basis. Communicate the order to the learned Special Judge, Bogra, at once for information and necessary action. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 458. ......ccused named Zahangir Alam, ex-Chairman of the said Paurashava by misusing his power refrained from depositing Tk. 5,38,549 that is 5% of total lease money to the Government exchequer on account of land revenue collected from Dhap Sultangonj hat for the years 1413 BS; the same accused also did not..Category: Procedural Law | Date: | Hits: 86
Abu Taher Chowdhury and others Vs. Showkat Ali and others, 2012, 41 CLC (HCD)
....he order of status-quo granted earlier by this Court is hereby recalled and vacated. Send down the Lower Court's records at once. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 455. ...... amendment of law, none can sublet any property and if any agreement is continuing at the time of this amendment of law, that shall be cancelled and the suit premises should be returned back to the landlord………………………………(14) Cases Referred to- Abdur Rashed Kha..Category: Administrative Law | Date: | Hits: 175
Government of Bangladesh Vs. Abdul Malek, 2007, 36 CLC (HCD)
....umnama dated 25th March, 1354 from the grandson of Radha Mohan Saha and thereafter the plaintiff is enjoying and possessing the said suit land by paying rent to the superior landlord. During revision settlement the same land was wrongly recorded in the name of Government. Thereafter, the plaintiff f......1997 reversing those dated 27-3-1997 passed by the Subordinate Judge, 2nd Court, Narayanganj in Title Suit No.369 of 1994 should not be set aside. 2. The case of the plaintiff is that the disputed land originally belonged to Radha Mohan Saha who enjoyed the land through the tenants except plot No..Category: Procedural Law | Date: | Hits: 83
Sree Sree Ananta Dev Chakra Bigrah & others Vs. Bangladesh & others, 1983, 12 CLC (HCD)
.... is directed to dispose of the suit within six months from the date of the receipt of the records. Mohammad Abdur Rouf J.- I agree. Ed. This Case is also Reported in:35 DLR (HCD) (1983) 301. ......t April 20, 1983. Result: The appeal is allowed in part. The State Acquisition and Tenancy Act, 1950 (East Bengal Act No. XXVIII of 1951); section 20 (2a) Any bazar which includes any land, building or hut therein cannot be retained by any rent receiver or raiyat or tenant . . . Alth..Category: Property Law | Date: | Hits: 74
Mohammad Shahidul Islam @ Mufti Shahidul Islam Vs. National Board of Revenue, 2008, 37 CLC (HCD)
....wful authority and as such, of no legal effect and accordingly, quashed, so far the petitioner is concerned. Communicate at once. Ed. This Case is also Reported in: 13 MLR (HCD) (2008) 441. ......ot the allegations as made in the FIR even if prima facie accepted to be correct and true would they disclose any offence under section 409 of the Penal Code or any other offence under any law of the land. 35. As stated hereinabove, in order to evade tax of taka 80,91,720.00 the petitioner in col..Category: Fiscal/Taxation Law | Date: | Hits: 246
Paritosh Chandra Nag Vs. Bangladesh represented by Secretary, Ministry of Land, 2008, 37 CLC (HCD)
....is discharged without any order as to cost. The order of status quo granted by this Court earlier is hereby recalled and vacated. Ed. This Case is also Reported in: 61 DLR (HCD) (2009) 214. ......ndent No. 3 and cancellation of the mutation cases being Mutation Case Nos. 13610 of 04 and 16962 of 04 issued by the respondent No. 5 in respect of the properties of the petitioners of 2.99 acres of land appertaining to CS Khatian Nos. 11 and 12, CS and SA Dag Nos. 21, 23 and 86 of Mouza Purbo Nara..Category: Property Law | Date: | Hits: 107
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