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M/S. Talukder Chemicals Limited Vs. Government of Bangladesh and others, 2012, 41 CLC (HCD)
.... cloud in the title of the plaintiffs and the cause of action arose on 15.1.2009, as such, they filed this instant suit against the government and prayed for a decree that the plaintiffs are the sole owner of the suit schedule properties and the suit land is not government khas land. 7. The def...... J M/S. Talukder Chemicals Limited, represented by its Managing Director, Mozzamel Haque Talukder alias H.M. Talukder…..........Plaintiff-appellants Vs. Government of Bangladesh and others…………............Defendant-respondents Judgment April......by set aside and the suit is hereby decreed . Communicate a copy of this judgment and decree immediately. Nozrul Islam Chowdhury J. - I agree. Ed. This Case is also Reported in: ..Category: Evidence Law | Date: 3 Apr, 2012 | Hits: 113
Chittagong Zilla Parishad Vs. Nurul Haque and others, 2012, 41 CLC (AD)
....have failed to come to a right decision. Drawing our attention to exhibit-A the learned Counsel for the petitioner has argued that this exhibit-A proves clearly that Chittagong District Board was the owner of the suit land and under this landlord Abdul Latif was a mere ejaradar for a period of five ......hamsul Huda J Chittagong Zilla Parishad representÂed by its Chief Executive Officer, Chittagong Zilla Parishad, Chittagong...................................Petitioner Vs. Nurul Haque and others................................Respondents Order March 19, 2012. Result: ......the paper book out of court in accordance with Rules. The order of stay granted earlier be extended till disposal of the appeal. Ed. This Case is also Reported in: 9 ADC (2012) 760. ..Category: Property Law | Date: 19 Mar, 2012 | Hits: 76
Md. Nurul Islam Khan and others Vs. Azizul Islam and others, 2012, 41 CLC (AD)
....999 for declaration of title and recovery of khas possession of the suit property. The plaint case of the plaintiffs is the defence case in the other suit and vice versa. Rokeya Begum is the admitted owner of the suit land, who instiÂtuted earlier suit seeking the above declaÂration. She executed ......sent: Md. Muzammel Hossain CJ Surendra Kumar Sinha J Md. Abdul Wahhab Miah J Nazmun Ara Sultana J Syed Mahmud Hossain J Md. Shamsul Huda J Md. Nurul Islam Khan and others...................Petitioner (In both the cases) Vs. Azizul Islam and others......... paper book out of court in accordance with rules. The order of stay granted earlier shall continue till disposal of the appeals. Ed. This Case is also Reported in: 9 ADC (2012) 635. ..Category: Procedural Law | Date: 19 Mar, 2012 | Hits: 119
Luthfor Rahman (Md.) Vs. Bangladesh & others, 2012, 41 CLC (HCD)
.... authority to issue eviction notice under Memo No.66 DP dated 15-7-2002. 7. The case of defendant Nos.33-39 is that they are heirs of Abdul Khaleque who purchased the suit land form its original owner and the suit is liable to be dismissed as it is not filed as per Section 42 of the Specific Re......) (2013) 124. ......s set-aside. Title Suit No.5 of 2006 is decreed. 21. Send down the lower court records. Communicate this judgment at once. Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 124. ..Category: Others | Date: 18 Mar, 2012 | Hits: 5
....he said mutation was cancelled legally and a proceeding was started in the Anti-Corruption Department against that tahshilder and circle officer. That after independence of Bangladesh the non-Bengali owner of the suit land along with other lands left this country and as such 14.27 acres of land incl......mud Hossain J
Muhammad Imman Ali J
Md. Shamsul Huda J
Assistant Horticulturist Agriculture Extension Division Crop Section, Bobhanbagh Uddyan Base Police Station-Savar, District-Dhaka and others....................................Petitioners
Vs.
M. A. Sattar Bhuiyan being d......d disÂposal afresh. The impugned judgment and order passed by the High Court Division in Civil Revision No.314 of 2005, is set aside.
Ed.
This Case is also Reported in: 9 ADC (2012) 644.
..
Category: Property Law | Date: 12 Mar, 2012 | Hits: 94
Rahima Khatun and another Vs. Sufia Begum and others, 2012, 41 CLC (HCD)
.....................Plaintiff-Opposite-Parties Judgment February 23, 2012. Result: The rule is made absolute. As per section 54 of Transfer of Property Act sale is a transfer of ownership i.e. actual sale and actual sale means transfer by registered document and unless agreemen......BLT (HCD) (2013) 39 ......s restored. 13. Send down the lower Court records. Communicate this order at once. Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 191 21 BLT (HCD) (2013) 39 ..Category: Property Law | Date: 23 Feb, 2012 | Hits: 6
Mamun-ur-Rashid (Md.) Vs. Secretary, Ministry of Law and others, 2012, 41 CLC (HCD)
.... "The Ittefaq" dated 11-7-2010 as shown in Annexure "E" should not be declared to have been published without lawful authority and is of no legal effect. 2. The petitioner is owner and proprietor of M/s Saimon Enterprise a business firm having countrywide representatives. Th......inal Jurisdiction) Present: Md. Ashfaqul Islam J Mustafa Zaman Islam J Mamun-ur-Rashid (Md.)...................................Petitioner Vs. Secretary, Ministry of Law and others............Respondents Judgment February 23, 2012. Result: The......rlier by this Division at the time of issuing of the rule is hereby vacated and recalled. Communicate at once. Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 162. ..Category: Civil Law, Procedural Law | Date: 23 Feb, 2012 | Hits: 7
.... and concealing the said fact, he participated in the election in violation of Section 10(2)(g) of the Pourashava Ordinance, 1977. It was stated that the appellant along with his two brothers was the owner of M/S. Gazi Enterprise and M/S. Gazi Salt Industries which took loan from Jhalakathi Branch o......ion
Present:
Md. Muzammel Hossain CJ
Surendra Kumar Sinha J
Syed Mahmud Hossain J
Md. Abul Kashem.............................Appellant
Vs.
Mahmudul Hasan @ Major General Mahmudul Hasan (Rtd.) and others..........Respondents
Judgment
February 14, 2012.
Result:
The appeal is dismissed.
C......gh Court Division is correct.
Accordingly the appeal is dismissed without any order as to costs.
Ed.
This Case is also Reported in: 64 DLR (AD) (2012) 65; 32 BLD (AD) (2012) 127; 9 ADC (2012) 489.
..
Category: Election Law | Date: 14 Feb, 2012 | Hits: 262
....beration:
21. We have heard the learned Advocates of the parties, perused the materials on record and also considered the argument advanced at the bar.
22. Admittedly the respondent No.1 is the owner of the registered Trade mark No.31112 in Class-32 for the Trade Name "FROOTI". The petitioner ...... contested by the respondent, the same is disposed of by this judgment.
Facts of the case:
2. It has been asserted in the application that the petitioner is engaged in business of manufacturing and marketing of fruit juice of international quality and launched the product for marketing in the ......rade mark No.31112 in Class -32 for the Trade Name "FROOTI", in accordance with law.
However, there shall be no order as to costs.
Ed.
This Case is also Reported in: 17 BLC (HCD) (2012) 730.
..
Category: Intellectual Property Law | Date: 12 Feb, 2012 | Hits: 91
Kalim Ullah (Md.) and others Vs. Fariduddin Ahmed, 2012, 41 CLC (AD)
....of the Administrator. Sub-section (4) makes the thing more clear, which provides that even if a mutawalli transfers any property in contravention of sub-section (1) and afterwards he becomes the owner of the property, he may re-convey the property on the direction of the Administrator. It is al......p; Md. Abdul Wahhab Miah J Nazmun Ara Sultana J Syed Mahmud Hossain J Md. Shamsul Huda J Md. Imman Ali J Kalim Ullah (Md.) and others ...............Appellant Vs. Fariduddin Ahmed…………&h......bdul Wahhab Miah J. I agree with the reasoning and findings given by my learned brother Md. Abdul Wahhab Miah J. Ed. This Case is also Reported in: 20 BLC (AD) (2015) 33. ..Category: Trust/Waqf Law | Date: 1 Feb, 2012 | Hits: 10
Atif Atiq (Md.) and another Vs. Nurun Nahar Begum and others, 2012, 41 CLC (AD)
.... as the suit flat) of its project 'Heritage', DOHS, Banani to be constructed on the suit land. After the agreement had been handed over to the plaintiff, she found that the same was not signed by the owner of the suit land, Brigadier General Atiqur Rahman (deceased defendant No.3). When the matter h......bsp; Nazmun Ara Sultana J Md Shamsul Huda J Syed Mahmud Hossain J Md. lmman Ali J Atif Atiq (Md.) and another..........................Petitioners Vs. Nurun Nahar Begum and others...............the supplementary agreement dated 16-8-2004. With the above observations, this petition is dismissed. Ed. This Case is also Reported in: 18 BLC (AD) (2013) 27, 18 MLR (AD) (2013) 65. ..Category: Property Law | Date: 22 Jan, 2012 | Hits: 87
Shamsuddin Ahmed & others Vs. City Bank Ltd., 2012, 41 CLC (HCD)
....10-1996. Execution Case No.137 of 2003, renumbered as 6 of 1997, was filed before the Artha Rin Adalat on 31-5-2003 and the decreed property was sold in auction. The appellants, heirs of the original owners, who gave mortgaged the property, filed application under section 57 of Artha Rin Adalat Ain,...... (Civil Appellate Jurisdiction) Present: Sharif Uddin Chaklader J AKM Zahirul Hoque J Shamsuddin Ahmed & others .....................Appellants Vs. City Bank Ltd. and others……………………………........f 2008 are dismissed with these observation. Send down the lower Court records at once. Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 30. ..Category: Civil Law | Date: 15 Jan, 2012 | Hits: 4
Mahua Khair Vs. Amena Begum Ali Ispahani, 2012, 41 CLC (AD)
.... 2. Both the appeals arise out of litigation between the same parties concerning land situated at Plot No.6, Block No. NW (A), Road No.69, Gulshan Model Town, Dhaka. Title Suit No. 3 was filed by the owner of the property seeking a declaration that the cancellation of the agreement of sale is valid ...... the appeals) Judgment January 10, 2012. Result: The appeals are allowed. Cases Referred to- 5 BLD (AD) 51;Civil Petition for Leave to Appeal No.360 of 2000;Manjunath Anandappa Urf Shivappa Hanasi vs.Tammanasa and others 10 SCC 390; Hajee Saru Meah Sowdagar and another...... i.e. the Sub-Ordinate Judge (now Joint District Judge), Additional Court, Dhaka. Ed. This Case is also Reported in: 17 MLR (AD) (2012) 172; 17 BLC (AD) (2012) 139; 9 ADC (2012) 924. ..Category: Contract Law | Date: 10 Jan, 2012 | Hits: 1077
Mrs. Jahanara Ahmed Vs. Arab Bangladesh Bank Ltd. and othÂers, 2011, 40 CLC (AD)
.... Court Division has committed a grave error and injustice also in not taking into consideration at all the undisputed fact that this petitioner purÂchased the "B" schedule property from its admitted owner the defendant No.2 through a registered deed which was exeÂcuted and also registered long bef......sain J Muhammad Imman Ali J Muhammad Mamtaz Uddin Ahmed J Mrs. Jahanara Ahmed………………………………………………...........Petitioner Vs. Arab Bangladesh Bank Ltd. and othÂers...........................Respondents Order December 15, 2011. Result: Leav......record." Security of Tk. 1,000/- is to be depositÂed within 1 (one) month. Preparation of paper book is dispensed with as prayed for. Ed. This Case is also Reported in: 9 ADC (2012) 185. ..Category: Property Law | Date: 15 Dec, 2011 | Hits: 81
Husne Ara Begum and another Vs. Saiful Alam (Md.) and others, 2011, 40 CLC (HCD)
....gainst the plaintiff defendant No.1 and 2 of this instant suit. It is further stated that petitioners have interest in the suit property as certain portion of land was gifted to them by original owner of the suit property and other Class suit No.35 of 2009 filed by them is pending. It is also s...... in: 65 DLR (HCD) (2013) 34. ......ordingly. The learned Judge is directed to proceed with suit in accordance with law. Communicate this order at once. Ed. This Case is also Reported in: 65 DLR (HCD) (2013) 34. ..Category: Civil Law, Procedural Law | Date: 1 Dec, 2011 | Hits: 4
Rabindra Nath Roy @ Rabindra and another Vs. State, 2011, 40 CLC (AD)
....the real thief drop them or he might have found them lying on the ground, and in either case he might have intendÂed to misappropriate them or merely to keep them until he as curtained who was their owner; he might have himself stolen than from the original thief or have robbed or murdered the orig......nt: Surendra Kumar Sinha J MA Wahhab Miah J Nazmun Ara Sultana J Syed Mahmud Hossain J Md. Imman Ali J Md. Mamtaz Uddin Ahmed J Md. Shamsul Huda J Rabindra Nath Roy @ Rabindra and another..............Appellants Vs. State…………………………………………â......rved: "An accused person was in possession of stolen property soon after it was stolen is most commonly of use in theft cases. But the possesÂsion by itself is never sufficient evidence that the possessor was the thief. There may be many conceivable explanations when the accused person was in p..Category: Women and Children | Date: 24 Nov, 2011 | Hits: 190
Professor Mahbub Ahmed and others Vs. Securities and Exchange Commission, 2011, 40 CLC (HCD)
....ous quotation: (ii) create a false and misleading appearance of active trading in any security; (iii) effect any transaction in such security which involves on charge in its beneficial ownership; (iv) enter into an order or o......risdiction) Present: Enayetur Rahim J Sheikh Md. Zakir Hossain J Professor Mahbub Ahmed and others.......Petitioners Vs. Securities and Exchange Commission...............Opposite...... preferably within 6(six) months from the date of the receipt of this judgment. Communicate the Judgment and order at once. Ed. This Case is also Reported in: 65 DLR (HCD) (2013) 87. ..Category: Business or Commercial Law, Criminal Law | Date: 23 Nov, 2011 | Hits: 9
Nazir Ahmed and others Vs. Fajal Ahmed & others, 2011, 40 CLC (HCD)
....selves added in the suit and upon filing written statement denied the material allegations made in the plaint contending inter alia that it is indeed Mohendra and Mahananda Mohantha were the original owners of the suit land who in fact sold the suit land in favour of Rosomoy Nath by a registered kab......rted in: 18 BLC (HCD) (2013) 260. ......l bear their respective costs. Send down the lower Court records with a copy of the judgment to the trial Court forthwith. Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 260. ..Category: Civil Law | Date: 23 Nov, 2011 | Hits: 7
Nurul Islam (Md.) Vs. State, 2011, 40 CLC (HCD)
....s. This witness identified the accused present in the dock. 13. In his cross-examination he stated that he did not make search on the body on the accused perÂsons; he had no knowledge who was the owner of the photostate shop and whether there was any disÂpute with regard to the ownership of the........Appellant Vs. State………………………………Respondent Judgment November 21, 2011. Result: The Appeal is allowed. The Arms Act, 1878 (Act No. IX of 1878); ss. 19A and 19(f) Mere knowledge of the accused that the arms or ammunition was lying at the spot pointed......s acquitted from the charge levelled against him and be discharged from his bail bond. Send down the lower Court records at once. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 268. ..Category: Criminal Law | Date: 21 Nov, 2011 | Hits: 28
Human Rights and Peace for Bangladesh Vs. Bangladesh and others, 2011, 40 CLC (HCD)
....ty. 11. The authorities framed rules, named “Dhaka Metropolitan Building (Construction, Development, Protection and Eviction) Rules 2008; rule 61 of which provides that no one, including the owner of any listed immovable property, can do any construction, renovation or demolition activity ...... is also Reported in: ......tion notwithstanding non-filing of affidavit by reason of the fact that the petitioner NGO depends on fund donated by its members alone as claimed. Ed. This Case is also Reported in: ..Category: Property Law | Date: 26 Oct, 2011 | Hits: 23
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