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Abdul Kader Bhuiyan and 17 others Vs. Secretary, Ministry of Land, Government of the People's Republic of Bangladesh and others, 2008, 37 CLC (HCD)

.... without any order as to costs. The order of status quo granted at the time of issuance of the Rules is hereby vacated. Ed. This Case is also Reported in:   61 DLR (HCD) (2009) 28. ......s have been paid there remains no right in the petitioner to get back the land acquired. Property validly acquired and vested in the requiring body cannot be claimed by the original owner even if the property is used for a purpose different from the purpose of the original acquisition. [Bangladesh V..

Category: Property Law | Date: | Hits: 121

Sadek Hossain Khoka and others Vs. Election Commission for Bangladesh and others, 2008, 37 CLC (HCD)

....he Rules in Writ Petition Nos. 9125, 9126, 9336, 9459, 9428 and 9729 all of 2008 are discharged. There will be no order as to costs. Ed. This Case is also Reported in: 61 (DLR) (HCD) (2009) 10. ......in AIR 1964 Andhra Pradesh 421, the learned Advocate contends that City Corporation is a "body corporate" having perpetual succession and a common seal with powers to acquire, hold and dispose of the property, and to sue or to be sued in its name, as such, it is not a statutory public authority. Fur..

Category: Constitutional Law | Date: | Hits: 466

Monowara Khatun and another Vs. Abdul Khaleque & others, 2011, 40 CLC (HCD)

....a WASA. The district Kanongo demarcated the area of Razabazar canal and delivered the alignment to Dhaka WASA. Thereafter Dhaka WASA construct­ed the said work as demarcated by RAJUK. But due to the personal rivalry between the defendant Nos.5 and 6 the plaintiffs instituted the suit to stop the de......uding 5.68 acres land of CS Plot No.158 of CS khatian No.4 Mouza Razabazr under Original PS Keranigonj at present Tejgaon original­ity belonged to Abdul Quader. Said Abdul Quader sold out the entire property of the said CS Khatian No.4 to Babu Sarat Chandra Ghosh Ukil by a sale deed executed and re..

Category: Procedural Law | Date: | Hits: 137

Sadiul Alam Vs. State, 2012, 41 CLC (HCD)

....s hereby quashed. Let the lower Court's record along with a copy of this Judgment be sent down to the concerned Court immediately. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 146. ......te the offence of 'cheating' are as follows: "(i) There should be fraudulent or dishon­est inducement of a person by deceiving him; (ii) (a) the person so deceive should be induced to deliver any property to any person, or to con­sent that any person shall retain any property; or (b) the person..

Category: Criminal Law | Date: | Hits: 92

Pochon Rikssi Das Vs. Khuku Rani Dasi and others, 1997, 26 CLC (HCD)

....vocate, promulgated to solve certain internal problems of the Muslims. During his argument Mr. Paul traced the background of the promulgation of Muslim Family Laws Ordinance. It is submitted that the personal Laws of the Muslims have been interfered with from time to time since the British period wh...... for the services rendered by the Amici Curiae who took great pains in addressing the Court on the subject of great public importance. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 47. ..

Category: Family Law | Date: | Hits: 209

Md. Abdul Wahab Sarker and others Vs. Md. Shahid Sarker and others, 2009, 38 CLC (HCD)

....ce can be made, the serving officer shall affix a copy of the summons on the outer door or some other conspicuous part of the house in which the defendant ordinarily resides of carries on business or personally works for gain, and shall then return the original to the Court from which it was issued,......ted to dispose of the suit within 6 months from the date of receipt of the records. Send down the lower Courts records immediately. Ed. This Case is also Reported in: 18 BLT (HCD) (2010) 94. ..

Category: Procedural Law | Date: | Hits: 133

Bachu Miah Vs. Samad Miah and others, 1998, 27 CLC (HCD)

....atisfaction of the Deputy Commissioner Brahmanbaria am directed to surrender to their bail bonds. Send down the LC record at once. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 564. ...... 2. Prosecution case is that, informant P.W.1 Bachu Miah, father P.W.5 Chand Ali purchased 0.24 decimals of land of plot No.1545 with three huts thereon and while they were in possession of the said property on 18‑2‑85 at about 7‑30 AM victim Shafiqur Rahman, brother of the informant saw the ..

Category: Criminal Law | Date: | Hits: 75

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. ......………………Petitioner Vs. Government of Bangladesh and another……………………Respondents Judgment February 12, 1998. Result: The Rule is made absolute. Abandoned property The property even if legally enlisted as an abandoned property and if the same be releas..

Category: Property Law | Date: | Hits: 71

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. ......eaving a son Krishna Debnath and a daugh­ter Ananda Sundary; that Sree Krishna Devnath married one Joyananda Sundary and they had no issue, that the Sree Krishna Devnath purchased the 'Kha' schedule property measuring 491/2 decimals along with other lands in the benami of his wife and since purchas..

Category: Procedural Law | Date: | Hits: 111

Mustaq Ahmed Vs. State, 2010, 39 CLC (HCD)

....erence thereof in her Service Book. The office is directed to communicate the Order and send down the lower Court records at once. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 301. ......­son in fear of any injury to that person, or to any other, and thereby dishonestly induces the per­son so put in fear to give donation or subscrip­tion of any kind or to deliver to any person any property or valuable security or anything signed or sealed which may be converted into a valu­able ..

Category: Criminal Law | Date: | Hits: 62

Al-Haj Abdul Maleque GaziVs. Government of the People's Republic of Bangladesh and others, 2007, 36 CLC (HCD)

....es of the case, we do not find any substance in the instant Rule. The Rule is therefore, discharged without any order as to costs. Ed. This Case is also Reported in: 13 MLR (HCD) (2008) 373. ......ure-'A' which was annexed to the writ petition are not relevant to the petitioner. The annexure 'C' series map relates to disputed question of facts. Annexure-'D' is an application for release of the property and as such he prayed for discharging the Rule. 7. We have heard the learned Advocates o..

Category: Property Law | Date: | Hits: 73

Government of the People's Republic of Bangladesh Vs. Altaf Hossain and others, 2009, 38 CLC (HCD)

....No.117 of 1993 is hereby upheld. The order of status quo granted earlier by this Court is hereby vacated. Send down the LCR at once. Ed. This Case is also Reported in: 7 LG (HCD) (2010) 81. ......rt Division under Section 115 of the Code of Civil Procedure except where there is no mis­reading and misappreciation of the evi­dence on record………………………….(11) Law on vested property Before enlisting the property as vested property the Government should take over the pos..

Category: Property Law | Date: | Hits: 96

Abdul Wadud Miah Vs. Bangladesh, repre­sented by the Secretary Ministry of Jute & others, 2008, 37 CLC (HCD)

....t. In the results, the rule is discharged. However, there shall be no order as to costs. Moyeenul Islam Chowdhury J.- I agree. Ed. This Case is also Reported in: 7 LG (HCD) (2010) 152. ......t in all proceedings by whomsoever held, whether judicial or administrative, the prin­ciple of natural justice have to be observed, if the proceeding results in con­sequence affecting the person or property or other right of the party concerned. Therefore this Court finds that the exercise of such..

Category: Administrative Law | Date: | Hits: 299

Sree Sree Moha Prabhu and Sree Sree Gopal Jew Deities Vs. Biresh Ranjan Dhar and others, 2009, 38 CLC (HCD)

....tle Suit No.296 of 1969 in the Court of Munsef, 1st Court, Sylhet which was re numbered as Title Suit No.49 of 1994 for declaration that the properties described in the schedule of the plaint are the personal properties of late Ramani Mohan Das Baishnab and the plaintiff is the only heir by inherita...... 4. In the plaint, it has been started further that the schedule land had belonged to Ras Bihari Das alias Ramani Mohan Das who died intestate on 10th Cartik 1365 B.S. and he took possession of the property of schedule 1 and 2 after the death of said Rahmani Mohan and was growing paddy and was als..

Category: Property Law | Date: | Hits: 102

Rezia Khatun Chowdhurani and others Vs. Shamir Kumar Chowdhury and others, 2008, 37 CLC (HCD)

.... feature of the equitable doctrine is, that the remedial right to a specific performance must be mutual. If from the nature or form of the contract itself, from the relations of the parties, from the personal incapacity of one of them, or from any other cause, the agreement devolves no obligation up...... 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 facts of the pl..

Category: Civil Law | Date: | Hits: 138

Nasirullah and another Vs. Government of Bangladesh and others, 2008, 37 CLC (HCD)

....land proposed to be acquired. In this context, reliance may be placed on the case of MA Salam Vs. Bangladesh, 6 MLR (AD) 184, in which it was held that section 3 of the Ordinance does not provide for personal service of notice upon the owner of the land. It is provided for notice to be published on ...... Acquisition and Requisition of Immovable Property Ordinance, 1982 (Ordinance No. II of 1982); section 3 Under section 3, the notice is required to be published at convenient places on or near the property in the prescribed form and manner stating that the property is proposed to be acquired. But..

Category: Property Law | Date: | Hits: 79

Zareen Biscuit Company Vs. Sayed M. Salimullah and others, 2010, 39 CLC (HCD)

............................Respondents Judgment October 11, 2010. Result: The appeal is dismissed. Muslim Personal Law  Words and Phrases Waqf Waqf, as meant in the Muslim personal law, is the dedication of property for religious, pious or charitable purposes which by nec...... Judgment October 11, 2010. Result: The appeal is dismissed. Muslim Personal Law  Words and Phrases Waqf Waqf, as meant in the Muslim personal law, is the dedication of property for religious, pious or charitable purposes which by necessary impl­ication is the extinct..

Category: Trust/Waqf Law | Date: | Hits: 114

Md. Enamul Haque Vs. Md. Ekramul Haque and others, 2011, 40 CLC (HCD)

....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. ......ourt competent to try the same. 2. Plaintiff instituted Other Class Suit No.11 of 2002, renumbered as Other Class Suit No.4 of 2006 and Other Class Suit No.26 of 2003 for partition of the schedule property. Defendant No.1 petitioner filed written statements in both the suits and contesting the sa..

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. ......der as to costs. The Acquisition and Requisition of Immovable Property Ordinance, 1982 (Ordinance No. II of 1982) section 3 The Law of Acquisition gives the Deputy Commissioner power to acquire property in two likely situations. Firstly, if the property is needed and secondly, if the property ..

Category: Property Law | Date: | Hits: 85

Abu Taher Chowdhury and others Vs. Showkat Ali and others, 2012, 41 CLC (HCD)

....ame without going through it. The alleged renewal clause is not the averment of Haji Ashraf Ali Chowdhury; as such neither he nor the present Wakif is bound by the same. The Bharanama Agreement being personal agreement between Haji Ashraf Ali Chowdhury and Ahmed Meah Sowdagar, the plaintiff could no...... The State Acquisition and Tenancy Act, 1950 (Act No. XXVIII of 1951); s. 75A   Since the provision of subletting has already been prohibited by the 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 ca..

Category: Administrative Law | Date: | Hits: 175