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Begum Shirin Akhtar Vs. Bangladesh House Building Finance Corporation and others, 2010, 39 CLC (HCD)

....e Building Finance Corporation sanctioned loan of Taka 7,90,000 at 5% simple interest on 23-3-1979 in favour of loanee, Md. Khurshed Alam Khusnavish, for constructing a 3 storied home in Kha schedule land but the loanee defaulted in paying installment and its stands at Taka 15,23,342,86 and the defa....... Communicate this order at once. Ed. This Case is also Reported in: 16 BLC (HCD) (2011) 1. ......earned judge can disposed of the cases without taking any further step. Send down the lower record. Communicate this order at once. Ed. This Case is also Reported in: 16 BLC (HCD) (2011) 1. ..

Category: Civil Law | Date: | Hits: 198

Abdus Samad Khan & others Vs. Wazed Ali Fakir & others, 1992, 21 CLC (HCD)

....s.1, 2 and 5 is directed against the judgment and decree dated 30.1.1982 passed by the Subordinate Judge, Manikganj in Title Suit No.37 of 1981 decreeing the suit for declaration of title in the suit land. The respondent Nos.1‑3 as plaintiffs filed the said Title Suit against the appellants and so......s……………….……..Appellants. Vs. Wazed Ali Fakir & others..................Respondents. Judgment May 27, 1992. Result: The appeal is allowed in part. Lawyers Involved: Gour Gopal Saha, Advocate ‑ For the Appellants. Abul Qu......claim in respect of the remaining 1.21 acres of the suit land is dismissed. Parties will bear their respective costs althrough. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 495. ..

Category: Property Law | Date: | Hits: 154

Abdul Latif alias Budu and 6 others Vs. State, 1992, 21 CLC (HCD)

.... instant murder named Abdul Hakim was a Kamla in the house of one Siddiq. On 28.2.85 Abdul Hakim after taking his midday meal in the said house of Siddiq went at about noon to irrigate Siddiq's paddy land situated near a beel named Lebria beel. As he did not return in the evening, his brothers P.W.1......annaf and Nayeb Ali be set at liberty at once, if not wanted in any other case. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 492.......tif, Abu Hanifa, Shaju, Surat Ali, Indu Mia, Abdul Mannaf and Nayeb Ali be set at liberty at once, if not wanted in any other case. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 492...

Category: Criminal Law | Date: | Hits: 139

Kala Chand alias Chand Mia & others Vs. Karim Khan and others, 2002, 31 CLC (HCD)

.... injunction against the petitioners and the defendant-­respondent opposite party Nos.7 to 9. The further case of the plaintiff is that, one Akbar Bhuiyan was the owner of CS Khatian No.15 with other land and Jonab Ali and others were the owners of the CS Khatian No.243 including the disputed land a......lower court records at once. Ed. This Case is also Reported in: 55 DLR (HCD) (2003) 564. ......nate Judge, 1st Court, Narayangonj in Title Appeal No.148 of 1994 is hereby set aside. Send down the lower court records at once. Ed. This Case is also Reported in: 55 DLR (HCD) (2003) 564. ..

Category: Property Law | Date: | Hits: 144

Syed Mozammel Huq Vs. People's Republic of Bangladesh represented by Secretary, Ministry of Works and others, 1991, 20 CLC (HCD)

....the Bangladesh Government and Local Authority Lands and Buildings (Recovery of Possession) Ordinance, 1970 (Ordinance No. XXIV of 1970) provides as follows: "3. Eviction of outgoing lessee from land or building‑If on the expiry, whether before or after the commencement of this ordinance, of ......ing & Accommodation, Bangladesh Secretariat, Dhaka for information. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 403.......e Engineer, PWD and Director, Directorate of Government Housing & Accommodation, Bangladesh Secretariat, Dhaka for information. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 403...

Category: Property Law | Date: | Hits: 160

Amir Hossain Farhad Vs. Dr. A Mannan, 1991, 20 CLC (HCD)

.... 1979 cancelling the auction held on 27.8.88 and forfeiting the sum of Tk. 2,72,500.00 deposited by the bidder‑opposite party being 50% of the bid money. 2. In this case an area of 3.50 acres of land was attached in a proceeding under section 145 CrPC started by the petitioner and a receiver wa......, find nothing to interfere with the impugned order and accordingly discharge the Rule. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 401. ......nd circumstances of the case. We, therefore, find nothing to interfere with the impugned order and accordingly discharge the Rule. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 401. ..

Category: Others | Date: | Hits: 172

Abdul Haque Vs. Monija Khatun and others, 2011, 40 CLC (HCD)

....solution. 2. The respondent Nos.1 to 7 as plaintiffs instituted Title Suit No.25 of 2004 impleading the appellant as defendant No.35 with other 37 defen­dants for declaration of title in the suit land described in the schedule of the plaint. 3. It appears that on 15-8-2004 the learned Joint D......t: Faruque Ahmed J Obaidul Hassan J Abdul Haque…………………………………..Defendant-Appellant Vs. Monija Khatun and others………………………………………Plaintiff-Respondents Judgment May 29, 2011. Result: The appeal is allowed. Lawyers Invo......r in accordance with law. Send down the lower Court records along with a copy of this judgment immediately to the Court concerned. Ed. This Case is also Reported in: 63 DLR (HCD) (2011) 528. ..

Category: Alternative Dispute Resolution | Date: | Hits: 227

Md. Abul Boshar Vs. Minakhi Begum & others, 2011, 40 CLC (HCD)

....ney and in the event of refusal to execute and register the kabala the plaintiff would get the same executed and registered through Court. The defendant No.1, duly obtained permission to transfer her land from the Housing Estate and the plaintiff requested the defendant for execution and registratio...... (HCD) (2011) 519....... being Civil Rule No.773 (F) of 2007 is discharged. Let a copy of the judgment along with lower Court's record be sent down at once. Ed. This Case is also Reported in: 63 DLR (HCD) (2011) 519...

Category: Property Law | Date: | Hits: 105

Mrs. Saleha Khatoon Vs. State, 1984, 13 CLC (HCD)

....ceed in accordance with law and concluded expeditiously. Send down the records at once. Abdul Matin Khan Chowdhury J. - I agree. Ed. This Case is also Reported in: 39 DLR (HCD) (1987) 109.......ditiously. Send down the records at once. Abdul Matin Khan Chowdhury J. - I agree. Ed. This Case is also Reported in: 39 DLR (HCD) (1987) 109.......Jessore on the allegation that petitioner Mst. Saleha Khatun on 22.11.1952 executed a power of attorney in favour of one Moniruzzaman Khan and divested herself of the right, title and interest in the ejmali property. The said ex parte decree in favour of Saleha Khatun in Title Suit No.342 of 1972 wa..

Category: Criminal Law | Date: | Hits: 117

Promode Ranjan Paul & others Vs. Government of Bangla­desh & others, 1986, 15 CLC (HCD)

....bala in the year 1937 and they had been in possession of the same by erecting pucca building and a C.I. sheet hut thereon. By an amicable partition amon­gst the three brothers 12 years back the suit land fell to the saham of Promode Ranjaa Paul exclusively and while owning and pos­sessing the suit......dhaa and others Vs. the S.D.O. Brahmaabaria and another, 30 DLR (SC) 139; Syed Ahmed Vs. Prof alia Kumar Dey 13 DLR 70; Md. Yunus Vs. Md. Yousf, 21 DLR 466. Lawyers Involved: Khandaker Mahbubuddin Ahmed, with Mirza Hussain Haider, Advocates-For the Petitioners. A.F.M. Shahid Deputy Attorney......belonging to one Nirmal Kanti Bardhan who had left Pakistan in 1951 were proposed to be leased out to certain "landless refugees". The appellant Benoy Bhusan's contention was that the said lands were ejmali lands belonging to the appellant in /8/as share and to Nirmal Kanti, Amal Kanti and Shyamal K..

Category: Property Law | Date: | Hits: 107

Siraj Mia (Md.) Vs. Nasima Akhter and another, 2002, 31 CLC (HCD)

....nj in Title Suit No.40 of 1991 dismissing the suit. 2. The plaintiff filed the aforesaid suit praying for specific performance of contract stating, inter alia, that the defendant No.1 got the suit land from her father by a deed of heba-bil-ewaz dated 15­-12‑80 and while in possession she, bein......the plaint. Ed. This Case is also Reported in: 55 DLR (HCD) (2003) 554.......laintiff is directed to put in stamp duty and registration fee on the valuation of the suit land at Taka 1,68,000 shown in the plaint. Ed. This Case is also Reported in: 55 DLR (HCD) (2003) 554...

Category: Property Law | Date: | Hits: 104

Cyma Zarrar Vs. Arab Bangladesh Bank Limited and others, 2010, 39 CLC (HCD)

....es and mutated his name. He is a bona fide purchaser with value. Opposite party No.2 has committed fraud on opposite party No.1 bank and opposite party No.3 by allegedly creating mortgage of the suit land in which he had no right title and interest to create such mortgage. The Arab Bangladesh Bank L......r……………………………Petitioners Vs. Arab Bangladesh Bank Limited and others……………………………Opposite parties Judgment August 2, 2010. Result: The Rules in Civil Revision Nos. 1919 of 2009 and 4232 of 2009 are discharged. Cases Referred to- Belaye......t District Judge and Artha Rin Adalat No.3 in Miscellaneous Case No.9 of 2005 are hereby affirmed. There is no order as to costs. Ed. This Case is also Reported in: 63 DLR (HCD) (2011) 514. ..

Category: Procedural Law | Date: | Hits: 121

Lila Begum and others Vs. Faruque Meah and another, 2010, 39 CLC (HCD)

....the Munsif, Sylhet. On transfer to the Court of Assistant Judge Balaganj, Sylhet it was renumbered as Title Suit No.2 of 1984. The plaintiff's claim in brief, Sukur Mahmood, was the owner of the suit land along with other lands. While he had been enjoying and possessing the suit land died leaving be......ever, there is no order as to costs. Ed. This Case is also Reported in: 63 DLR (HCD) (2011) 507. ......in both the Revisions are hereby recalled and vacated. Send down the LC Record immediately. However, there is no order as to costs. Ed. This Case is also Reported in: 63 DLR (HCD) (2011) 507. ..

Category: Property Law | Date: | Hits: 97

Golam Nasir Vs. Abdul Aziz, 1986, 15 CLC (HCD)

....trate, Barguna on 01.01.1982 against res­pondent Nos.1 to 8 along with others on the accusations that on 21.12.1981 the accused persons forcibly cut and took away paddy worth of Tk. 7,500/- from the land of the appellant dishonestly; upon such accusations the aforesaid C.R. Case was started against......rds of the Court below be sent down at once. Syed Misbahuddin Hossain J.- I agree. Ed. This Case is also Reported in: 39 DLR (HCD) (1987) 103. ......f 1982 in accordance with law. Let the records of the Court below be sent down at once. Syed Misbahuddin Hossain J.- I agree. Ed. This Case is also Reported in: 39 DLR (HCD) (1987) 103. ..

Category: Criminal Law | Date: | Hits: 123

Shahr Banoo Mohsin Asgar and another Vs. Lailun Nahar Ershad and others, 1991, 20 CLC (HCD)

....m aims thus, in August, 1973, one Sk. AM Ershad, the predecessor of the opposite parties, brought a suit being Title Suit No.90 of 1973 for specific performance of a contract for sale of 13 kathas of land including a two storied building at 3, New Bailey Road, Dhaka on the allegations that petitione......is also Reported in: 44 DLR (HCD) (1992) 552....... do application on merit. There shall, however, be no order as to costs. Let a copy of this order be sent down expeditiously. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 552...

Category: Procedural Law | Date: | Hits: 130

Deputy Commissioner (Revenue), Sylhet Vs. Sudhir Chandra, 1991, 20 CLC (HCD)

....aintiff through his attorney, one Shafiqui Haque Chowd­hury, instituted Title Suit No.205 of 1985 in the Court of Munsif, Sadar Sylhet for declaration of title and recovery of possession of the suit land on the basis of settlement, from the Maharaja of Tripura namely, Kirit Bikram Kishore Manikya B...... Code of Civil Procedure read with section 151 of the said Code has been preferred by the Government of the People’s Republic of Bangladesh, represented by the Deputy Commissioner, Sylhet for reviewing the judgment and decree dated 7th and 8th March, 1989 passed by this Court in Sylhet High Court ...... rejected. The order passed in Civil Order No.2454/90 on 20‑12‑90 in connection with this application stands vacated. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 549. ..

Category: Property Law | Date: | Hits: 157

Selimuzzaman @ Selim and others Vs. Deputy Commissioner, Sar­iatpur, District Sariatpur and others, 1992, 21 CLC (HCD)

....1987 in the court of the learned Assistant Judge, Naria Upazila, on 29.3.87 against the defendant opposite parties for a decimation do the order of the Naria Upazila Nirbahi Officer treating the suit land as a part of Chandipur hat or bazar is illegal, void and without jurisdiction and there is no h......­iatpur, District Sariatpur and others………Opposite Parties Judgment April 13, 1992. Result: The rule is made absolute. Case Referred to- Sashi Mohan Sen Vs. Ainullah, 1992 BLD (AD) 8. Lawyers Involved: Abdur Rab 1, Advocate- For the Petitioners. ......ction given above the learned Assistant Judge, Naria, shall report compliance to the Registrar, Supreme Court of Bangladesh, Dhaka. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 545...

Category: Property Law | Date: | Hits: 123

Shewe Hla Prue TK Vs. Commissioner, Chittagong Division, Chittagong and others, 1992, 21 CLC (HCD)

.... alia has stated that the petitioner was the headman of Naithong Mouza and Shekdu Mouza under Thanchi Upazila. Since the two Mouzas are very large and the volume of work relating to the settlement of land etc. had increased manifold it was considered not desirable to have one headman for two Mouzas ......In the result, the Rule is made absolute without any order as to costs. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 539.......ithout lawful authority and to be of no legal effect. In the result, the Rule is made absolute without any order as to costs. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 539...

Category: Others | Date: | Hits: 171

Padmabati Biswas Vs. Banglasdesh and others, 1992, 21 CLC (HCD)

.... and decree dated 19.4.62 passed by the Subordinate Judge, Khulna in Title Suit No 5 of 1959. 2. Collector of Khulna on 16.5.59 made a reference to the Alluvial Lands Act, 1920 stating that some island chars were formed in the bed of the river Kazibacha in Mouza Tetultala within PS Batiaghata in ......ll be no order as to costs. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 465. ......on contest against respondent No.1 and ex parte against the rest. Considering the circumstances there shall be no order as to costs. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 465. ..

Category: Property Law | Date: | Hits: 118

Jagendra Lal Poddar Vs. Naresh Chandra Poddar and others, 1985, 14 CLC (HCD)

....la passed in Title Appeal No.90 of 1977 affirming those of the learned Munsif, First Court, Chandpur in Title Suit No.25/1973. 2. The plaintiff instituted the suit on the allegations that the suit land and the structures thereon belonged to Nabadwip Chandra Paul who sold the same to the plaintiff......nt. Ramendra Kumar Majumder, Advocate - For the Res­pondent. Second Appeal No.163 of 1979. Judgment Nurul Huque Bhuiyan J. - This appeal arises out of a suit for establish­ment of title in respect of one 3rd share of the suit property and for petition of the suit pro­perty for getting......d on businesss in his portion. Though there was amicable partition, the amicable partition was not by metes and bounds. It was for the sake of convenience of possession. The suit property is still in ejmali. The suit property was recorded in the names of the aforesaid three brothers in S.A. khatian...

Category: Property Law | Date: | Hits: 111