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Abbas Ali and others Vs. Sharif Hossain Chowdhury and othÂers, 2010, 39 CLC (HCD)
.... Nos.13-14 are daughters of Chand Banu and they are successive heirs of C.S. recorded tenant. Monsur Ali, possessing the 'Ka' schedule land in ejmali but during the last S.A. with connivance with the settlement employees 'Ka' schedule land has been recorded in the name of defendant No.11, who had no......a-Niyo are fraudulent and not binding upon the plaintiffs and also further declaration that the khatian in favour of defenÂdant Nos.1-14 and 28-31 are wrong. 3. In the plaint schedule to the suit land has been described as:- ক তফসিল জিলা-ঢাকাশ, থানা-à¦..Category: Property Law | Date: | Hits: 80
Md. Maniruzzaman and another Vs. State, 2011, 40 CLC (HCD)
....e charge levelled against them and they be discharged from their respective bail bonds. Send down the lower Court records at once. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 477. ...... High Court Division it was argued on behalf of the plaintiff appellant that all the provisions of Land Reforms Ordinance, 1984 except section 5 unquestionable and beyond doubt relate to agricultural land and purÂpose of the said Ordinance is to maximize producÂtion and to that end to make provisi..Category: Criminal Law | Date: | Hits: 84
Manu Mia @ Malu Mia &Others Vs. State, 1989, 18 CLC (HCD)
.... the charge levelled against them. The petitioners on bail in both the Rules shall be discharged from their bail bonds imÂmediately. Ed. This Case is also Reported in:42 DLR (HCD) (1990) 191. ......t one Kafiluddin as complaiÂnant lodged a petition of complaint on 10.7.79 beÂfore the Sub-Divisional Magistrate, Gazipur, allegÂing that he along with his three brothers purchased .90 decimals of land in two separate kabalas dated 25.6.79 and 2.7.79 from one Rashik Chandra BarÂman, son of late ..Category: Procedural Law | Date: | Hits: 111
AKM Azizul Haque Vs. Government of Bangladesh, 1989, 18 CLC (HCD)
.... to the Secretary, Ministry of Home Affairs, and also to Secretary, Ministry of Law and Justice, Government of Bangladesh for perusal. Ed. This Case is also Reported in:42 DLR (HCD) (1990) 189. ......is a specific case against the detenue and the same is the subject matter of the detention order, he shall be released…………………(5) Whether in a speÂcific case where general law of the land has taken care of an offender as per law of the land, can this provision of preventive detentio..Category: Criminal Law | Date: | Hits: 66
Syed Ghulam Shahriar Vs. Md. Abdur Mannan and 14 others, 2010, 39 CLC (HCD)
....of law in the decision occasioning failure of justice. 11. The learned Advocate Mr. Haroon-or-Rashid finally argued that although the pre-emptee-appellant-petitioner filed the Parcha of the recent settlement to show the intervening road that has been recorded in the name of the Deputy Commissione......n and Tenancy Act which has been further re-numbered as Pre-emption Case No.17 of 2007. 3. In the plaint the pre-emptor asserted that the pre-emptee No.2 and 4 were owner and possessor of the case land comprised in SA Plot No.408, within Mouza Kadamrasul under police Station Golapgonj measuring 1..Category: Property Law | Date: | Hits: 88
....d 2498 and 2499 of 1999. The Appeal Officer heard the appeals together and by his order dated 5-12-1999 dismissed the appeals, Annexure O.
13. Then, respondent No. 2 made an application before the settlement officer at Dhaka against the aforesaid appellate order and other orders disposing of 25 s......ies are at variance and call for decision.
3. In Writ Petition No. 2678 of 2005, wife and sons and daughters of one Abdul Khaleque Khan are the petitioners. Their common case is that 1.54 acres of land of CS plot No. 163 appertaining to CS Khatian No. 2 of Mouza Keraniganj, then Tejgaon, at prese..
Category: Property Law | Date: | Hits: 120
State Vs. Md. Ershad Ali Sikder and others, 2003, 32 CLC (HCD)
....eceased Panna. Further case of accused Ershad Ali Sikder is the plea of alibi that accused Ershad Ali Sikder was absent at the time of occurrence at he was away to Dhaka from Khulna for negotiating a settlement in the Muslimuddin murder case for the murder of the brother of Commissioner Taslimuddin ......m alias Franch Alam (5) Jalil Mollah is allowed. The appellants therefore be set at liberty at once if not wanted in any other case. Ed. This Case is also Reported in: 55 DLR (HCD) (2003) 672. ..Category: Criminal Law | Date: | Hits: 110
Aminur Rashid Chowdhury Vs. Government of Bangladesh and others, 2012, 41 CLC (AD)
.... of land". Security of Tk. 1000/- is to be deposited within 1 (one) month. Preparation of paper book, as prayed for, is dispensed with. Ed. This Case is also Reported in:9 ADC (2012) 650. ......rit respondent No.4, i.e., the Deputy Commissioner, Chittagong addressed to writ respondent No.1, Ministry of Land in the writ petition for final approval of the proposal to lease out 108.74 acres of land of Mouza Saral and Gandamara under P.S. Banshkhali of District Chittagong to the writ responden..Category: Civil Law | Date: | Hits: 182
Hazi Shamul Alam Vs. Dr. Ashim Sarkar and others, 2006, 35 CLC (HCD)
....onnected Civil Rule No.17(F) of 2004 is discharged and the order of stay is vacated. Send down the lower Court's records at once. Ed. This Case is also Reported in: 13 MLR (HCD) (2008) 199. ......628 executed on 06.10.1099 and registered on 16.11.1999, at Fatehabad and Hathazari Sub-Register's Office, Chittagong, respectively but not actually acted upon except the share of respondent No.5 for land measuring 1.181/2 acres of land with a further prayer for a declaration that those deeds are no..Category: Property Law | Date: | Hits: 132
Sk Shayeed-ul-Amin and others Vs. State, 2010, 39 CLC (HCD)
....esult, we find merit in the rule issued earlier. According the rule is made absolute. Send down the Lower Court Record at once. Ed. This Case is also Reported in: 16 BLC (HCD) (2011) 237. ......de absolute. The Code of Criminal Procedure, 1898 (Act No. V of 1898); section 561A The Penal Code, 1860 (Act No. XLV of 1860); section 406, 420 and 109 Receiving any money for transfer of a land and getting any registered sale deed thereof - are the matters that fall absolutely within the ..Category: Criminal Law | Date: | Hits: 102
Mohsin Ali Chowdhury Vs. Muzammel Khan & Others, 1989, 18 CLC (HCD)
.....10316 by kabala datÂed 20.11.70 and since then he is using the suit pathÂway which lies to the south west of his purchased land as the only link from his homestead to MuniciÂpal Road. During last settlement operation the land was wrongly recorded in the name of defendant No.1. Taking advantage o......……………(11 & 13) Extinction on termination of necessity In case of plaintiff’s having an alternative pathway or at least an opportunity for owning alternative pathway over the own land, the easement of neÂcessity, if any, in favour of the plaintiff turns off whereas section 41 o..Category: Civil Law | Date: | Hits: 189
Arshad and others Vs. State and another, 2010, 39 CLC (HCD)
....arbitraÂrily and proceeded with trial of the said criminal case. It is argued by the learnedAdvocate that when the complainant himself filed withdrawal petition on being satisfied about the amicable settlement, and on its basis, the accused persons got acquittal, again he cannot file a 2nd petition......rder passed in connection with the Rule sands vacated. Send a copy of the judgment and order to the concerned Court below at once. Ed. This Case is also Reported in: 16 BLC (HCD) (2011) 233. ..Category: Procedural Law | Date: | Hits: 108
Jahirul Islam (Md.) Vs. Rokeya Begum and others, 2009, 38 CLC (HCD)
....of the rule stands vacated. Send down the lower Court record together with copy of the judgment to the Courts below expeditiously. Ed. This Case is also Reported in: 16 BLC (HCD) (2011) 225. ......d the matter on the pretext of procuring his balance consideration money. The plaintiff alleged that thereafter he came to know on 1st. week of April, 1989 that defendant Nos.1-3 transferred the suit land in favour of the defendant No.4 in collusion with him without knowledge of the plaintiff. The p..Category: Civil Law | Date: | Hits: 153
Nur Mohammad Vs. Serajul Islam and others, 2012, 41 CLC (HCD)
..... The order of stay 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) 491. ......ganj, Chandpur for declaration of title and recovery of khas possession contending, inter alia, that one Ananda Charan Kuri was the owner of "Ka" schedule property measuring an area of 44 decimals of land. He proposed to sell the same to the plaintiff at a consideration of Taka 1,200 and on receivin..Category: Property Law | Date: | Hits: 134
....instituted for 2 relief, namely, one for declaration of title on the basis of 'pattan' to their predecessor, Shaheb Ali and the other for correction of the record of rights prepared in the revisional settlement.
The Courts below concurrently found that the plaintiffs were in possession of the sui......
February 26, 2007.
Result:
The Rule is made absolute in part.
The record of rights prepared in the name of the government during the last revisional survey has got no basis since the suit land was already correctly recorded in the name of the predecessor of the plaintiffs and they have b..
Category: Property Law | Date: | Hits: 100
Anwar Hossain (Md.) and others Vs. State and others, 2003, 32 CLC (HCD)
....strict Magistrates, Dhaka, Chittagong and Khulna, by postal guaranteed service for their Guidance and to act in accordance with law. Ed. This Case is also Reported in: 55 DLR (HCD) (2003) 643. ...... 26. The expression "due process of law" has long been used in America. This term has been given a wider and more comprehensive meaning, which has been held to be synonymous with the term "law of the land." In Murry's Lessee Vs. Hoboken Land Co. 18 How 272, 276, it has been observed that this expres..Category: Criminal Law | Date: | Hits: 114
Md. Momtaz Uddin Vs. Sreemoti Bimala Rani Roy @ Bigini Roy and others, 2008, 37 CLC (HCD)
....dated 27.4.2002 by appellate Court in T.A. 154/97 be recalled. L.C records along with copy of the judgment be sent down accordingly. Ed. This Case is also Reported in: 18 BLT (HCD) (2010) 1. ...... ready was fixed for hearing. 4. Learned Advocate for the petitioner refers to Ext.1 and Ext.2 C.S. khatian no.48 and S.A khatian No.15 and also refers to Ext.ka C.S Khatian 48 and shows that suit lands in dag No.564 and 565 stood recorded in name of Birbol Chatri. He then refers to Ext. cha C.S ..Category: Procedural Law | Date: | Hits: 118
Md. Atiqur Rahman @ Milon and others Vs. State, 2009, 38 CLC (HCD)
....ction of the Court on further undertaking to produce the same to the Court on and when directed by the Court. Communicate at once. Ed. This Case is also Reported in: 18 BLT (HCD) (2010) 409. ...... secondly, to prevent abuse of the process of, the Court, and thirdly, to secure the ends of justice. 14. It is to be remembered that the Courts exist not only for securing obedience of the law of land but also for securing the ends of justice in its widest sense. Inherent power of the High Court..Category: Procedural Law | Date: | Hits: 142
Md. Abdul Mazid Miah Vs. Sree Shuvendu Sekhor, 2010,39 CLC (HCD)
.... case No.19 of 1993 within two months from the date of receipt of this order. Office is directed to communicate the order at once. Ed. This Case is also Reported in: 18 BLT (HCD) (2010) 413. ......n occasioning failure of justice. 2. Material facts are that the opposite party as pre-emptor filed pre-emption Misc. case No.19 of 1993 in the Court of Assistant Judge for pre-emption of the case land under Section 96 of the State Acquisition and Tenancy Act, 1951. The case is pending for argume..Category: Procedural Law | Date: | Hits: 163
Foyez Ahmed and others Vs. Uttara Bank and others, 2002, 31 CLC (HCD)
.... Court is directed to dispose of the application under Order XXI rule 58 in accordance with law on merit. Communicate this order. Ed. This Case is also Reported in: 55 DLR (HCD) (2003) 635. ......site-party Nos.2‑4 for realisation of an amount of Taka 3,69,287.99 and got ex parte decree. Thereafter, the said decree was put in execution in Money Execution Case No.10 of 1988. Accordingly, the land measuring an area of 4.17 acres of Khatian No.67 and plot 251 of Narayanganj Municipal Holding ..Category: Procedural Law | Date: | Hits: 128
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