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....py of this judgment and order be communicated to the learned Senior Assistant Judge, Barguna for his information and necessary action.
Ed.
This Case is also Reported in: 55 DLR (HCD) (2003) 542.......dge, by the impugned judgment and order, rejected the said application under Order VII rule 11 of the Civil Procedure Code for rejection of the plaint.
2. At the heart of the dispute is a piece of land comprising .98 acres of Government's khas land on plot Nos.1200, and 1202 in Mouja, Sub-Registr..
Category: Procedural Law | Date: | Hits: 146
Mohiuddin Ahmed and others Vs. Government of Bangladesh and others, 2011, 40 CLC (HCD)
....r as to costs. The order of stay granted earlier by this Court is vacated. Send a copy of this Judgment to the trial Court below. Ed. This Case is also Reported in: 63 DLR (HCD) (2011) 504.......id not take any step against the order of rejection; that Anil Ranjan Shyam then mutated the suit property and a separate Khatian was created in the name of defendant Nos.7-9 and they gifted the said land to the defendant No.6 by the registered deed dated 22-4-2004 and the defendant No.6 got the sam..Category: Property Law | Date: | Hits: 121
GSH Jamal Vs. Surraiya Jabeen and others, 2010, 39 CLC (HCD)
....9 is hereby discharged. The ad interim order granted earlier in the Rule is also vacated. Send down the lower Court records at once. Ed. This Case is also Reported in: 63 DLR (HCD) (2011) 493.......d decree dated 23-9-2008, passed by the learned Joint District Judge, 2nd Court, Dhaka in Title Suit No.40 of 2005 (Originally Title Suit No.135 of 2003) decreeing the suit in favour of the plaintiff-landlord, holding that the defendant tenant is a defaulter and, as such, he is liable to be evicted ..Category: Tenancy Law | Date: | Hits: 190
Mamun Akbar Vs. State and another, 2012, 41 CLC (AD)
.... infirmity in the impugned judgment and order passed by the High Court Division. Accordingly, the criminal petition for leave to appeal is dismissed. Ed. This Case is also Reported in:......long standing family relationship with the accused-petitioner Mamun Akbar which resulted in a relationship of mutual trust. During such relationship the accused-petitioner got allotment of a piece of land measuring 40 square meters of Section-2, Mirpur, Dhaka, in terms of allotment letter dated 23.0..Category: Criminal Law | Date: | Hits: 90
....h the impugned judgment and order passed by the High Court Division is liable to be set aside”.
Preparation of paper book, as prayed for, is dispensed with.
This Case is also Reported in:......ourt of 2nd Munsif, Rangpur (Ext.5) and that case was allowed; that Abul Kashem got possession through Court; that Bashir Uddin died leaving behind his son Abul Kashem who started possessing the suit land and during his possession he transferred the suit land along with 8 shops (constructed thereon)..
Category: Property Law | Date: | Hits: 181
....et aside. The suit is dismissed without any order as to costs.
The office is directed to send down the lower Court's record at once.
Ed.
This Case is also Reported in: 63 DLR (HCD) (2011) 479.......spondent Nos. 1-17 are entitled to get lease of the plot/property in their favour with the valuation presently Taka 6 Lakh per bigha.
2. Facts relevant for disposal of the appeal are that the suit land was acquired by the Government vide LA Case No.41/3 of 1960-61. The plaintiffs claimed them to ..
Category: Property Law | Date: | Hits: 118
Ganendra Nath Mondal Vs. Kalipada Mondal and another, 2011, 40 CLC (HCD)
....ght of the observations made in this judgment. Send down the lower Court record at once with a copy of this judgment for compliance. Ed. This Case is also Reported in: 63 DLR (HCD) (2011) 449.......rul Islam Chowdhury J.- The Opposite Party Nos. 1 and 2 as pre-emptor brought Miscellaneous Case No.59 of 1993 before the Senior Assistant Judge, Shyam Nagar, Satkhira seeking pre-emption of the case land under section 96 of the State Acquisition and Tenancy Act claiming themselves to be co-sharer..Category: Property Law | Date: | Hits: 79
Badiul Alam Vs. Md. Nurul Islam, 2002, 31 CLC (HCD)
....aneous Appeal No.386 of 1975 are set aside and that of the learned trial Court are allowed in the light of the observation made above. Ed. This Case is also Reported in: 55 DLR (HCD) (2003) 517.......learned Assistant Judge, Fatikchari, Chittagong passed on 18‑7‑1975 in Miscellaneous Case No.38 of 1970 allowing pre‑emption. 2. The petitioner's predecessor sought pre-emption of the case land alleging, inter alia, that he is a co-sharer in the case holding by way of purchase on the basi..Category: Property Law | Date: | Hits: 132
Haripada Mandal Vs. Bidhan Chandra Mondal, 2002, 31 CLC (HCD)
....ances of the case I direct the parties to bear their respective costs. Copy of this Judgment be transmitted to the Court concerned. Ed. This Case is also Reported in: 55 DLR (HCD) (2003) 515....... and those are: a) First opposite party as pre‑emptor exercised his right of pre‑emption under section 96 of the Act against pre-emptee petitioner on presentation of a petition in respect of land described in schedule to petition in the Court of Senior Assistant Judge, Khoksha, Kushtia. Pet..Category: Procedural Law | Date: | Hits: 104
....l the bidders which are awaiting acceptance by the Government.
In the result, the Rule is disposed of with the dove observations.
Ed.
This Case is also Reported in: 55 DLR (HCD) (2003) 510.
......nvoke writ jurisdiction. However, if the contract is rooted in any statute for enforcement of the same writ jurisdiction can, of course, be invoked such as the lease of haat, bazar, fishery, khash land, etc or if there is any international contract. Even in case of a private contract being a tra..
Category: Others | Date: | Hits: 207
Dr. MB Rahman Vs. Deputy Commissioner of Taxes, 1986, 15 CLC (HCD)
....herefore, is sustained. In the result the Rule is discharged but without any order as to costs. AM Mahmudur Rahman J. - I agree. Ed. This Case is also Reported in: 39 DLR (HCD) (1987) 33. ......the petitioner Dr. M. B. Rahman bearing I.R. No.7633/TC-VI. 2. Shortly stated the facts of the case are that the petitioner who is an income-tax assessee and a retired Government official sold his land with some structures at Banani Model Town and applied for gain tax clearance certificate to r..Category: Fiscal/Taxation Law | Date: | Hits: 170
Rehanuddin & others Vs. Abdul Hakim Maser and others, 1986, 15 CLC (HCD)
....cted to hear and dispose of the application under section 151 C.P.C. on merits after giving the parties opportunity to adduce evidence. Ed. This Case is also Reported in: 39 DLR (HCD) (1987) 21.......s plaintiff instituted the suit against the petitioners (defendants Nos.24, 25 and 56) opposite party No.1 and opposite parties 3 to 61 as defendants for partition for getting a specific saham of the land out of the suit land. The defendants Nos. 23, 26, 28, 29, 30, 35 and 40 contested the suit by f..Category: Procedural Law | Date: | Hits: 106
....inable.
In the result, the Rule is made absolute without any order as to costs and the orders of the Courts below are set aside.
Ed.
This Case is also Reported in: 39 DLR (HCD) (1987) 19.
......not vested and non-resident property and the plaintiff acquired title by adverse possession. His case in short was that Kali Prasana Das (Borada Chandra Das and Anil Charan Das sold .61 decimals of land to Jainal Abedin at a price of Tk.1250/- and on receipt of Tk.1000/- executed a bainapatra on 7..
Category: Procedural Law | Date: | Hits: 139
Joinal Abedin Jamal and others Vs. Noor Afza, 2010, 39 CLC (HCD)
....nd any merit in this appeal. Hence the appeal is dismissed and the connected Rule is also discharged without any order as to cost. Ed. This Case is also Reported in: 63 DLR (HCD) (2011) 432. ......side the arbitral award dated 11-6-2003 passed by the sole Arbitrator. Facts necessary for the disposal of this appeal in short are that the appellants being owners of, approximately, 18.40 kathas of land, comprising of Dhaka City Corporation holdings No.80, 80/1, 80/2 and 80/3, Nowabpur, within Sut..Category: Alternative Dispute Resolution | Date: | Hits: 251
Hajee Abdul Latif Vs. Abdul Huq & others, 1991, 20 CLC (HCD)
....assment and expenses to the defendant. For the reasons stated above, this Rule is discharged without any order for costs. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 601. ......3 others filed Title Suit No.210 of 1981 in the First Court of Munsif, Dhaka for permanent injunction against this petitioner and 2 others as defendants. 3. The plaintiffs case is that the suit land originally belonged to Sk. Munshi and Bahar Ali in 8 annas share each. After their death the ..Category: Civil Law | Date: | Hits: 166
Anowar Hossain & others Vs. Abul Hossain Molla & others, 1991, 20 CLC (HCD)
....side and those of the decree and judgment passed by the trial Court are restored. In view of this fact I make no order as to cost. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 597.......ing the Judgment and decree passed by Munsif, Goalundo in TS No. 84 of 1968. 2. Plaintiff‑Appellant filed this suit for a declaration of title and confirmation of possession in respect of the land described in the schedule of the plaint. The case as set up in the plaint may briefly be stated..Category: Property Law | Date: | Hits: 122
....aintainability of this writ petition.
For the above discussion, this application is rejected summarily without any order as to costs.
Ed.
This Case is also Reported in: 48 DLR (HCD) (1996) 94.......84 under section 95A of the State Acquisition and Tenancy Act, 1950 before the Local Thana Magistrate, the Respondent 4, for redemption of the disputed property on the ground that the transfer of the land was a complete usufructuary mortgage. The Respondent 4 on contest allowed the same by his order..
Category: Property Law | Date: | Hits: 95
....gards demolition of the structures raised by the defendants.
The Rule is accordingly disposed of. There shall be no order as to costs.
Ed.
This Case is also Reported in: 39 DLR (HCD) (1987) 8.......f Act.
2. One Gopal Chandra Dey, predecessor of the opposite parties sued the petitioners for a decree under section 9 of the Specific Relief Act alleging that he was in possession of the disputed land bat the defendants forcibly dispossessed him therefrom in the last part of Kartick, 1375 B.S...
Category: Property Law | Date: | Hits: 119
Misir Ullah (Md) Vs. Syed Khalilullah Malek others, 1995, 24 CLC (HCD)
....ase is sent back to the District Judge Moulvi Bazar for re‑consideration and the Rule is made absolute without any order as to costs. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 117.......Dargah Committee consisting of the plaintiffs as current members thereof to continue in control and management of the Dargah Sharif of Hazrat Sayd Shah Mostafa and adjacent thereto constituted of the lands described in the schedule of the plaint." 3. The case of the plaintiffs is that the land, m..Category: Trust/Waqf Law | Date: | Hits: 181
Moudud Ahmed Vs. State, 1995, 24 CLC (HCD)
....cisions which I have referred in my Judgment. In the result, I discharge this Rule. The prayer for certificate to appeal is refused. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 108.......sector violating the Rules of the Dhaka Improvement Trust (DIT). it was further stated that the petitioner requested the then Works Minister Md. Shafiqul Ghani to consider payment of the price of the land at 12 equal half yearly installments without interest. The President illegally ordered for allo..Category: Criminal Law | Date: | Hits: 111
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