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Abu Ashed Bhuiyan and Others Vs. Abu Taher Bhuiyan & others, 2000, 29 CLC (HCD)
....ukumnama dated 10th Kartick, 1344 BS and father of the defendant Nos. 1-9 Abu Sufian put his signature on the hukumnama as a witness. It is stated in the plaint that Abu Sufian was a clever and never owner and possessor of the suit land and he in collusion with the settlement clerk managed to record......as to cost. Ed. This Case is also Reported in: 54 DLR (2002) 209. ......ated 10th Kartick, 1344 BS and father of the defendant Nos. 1-9 Abu Sufian put his signature on the hukumnama as a witness. It is stated in the plaint that Abu Sufian was a clever and never owner and possessor of the suit land and he in collusion with the settlement clerk managed to record his name ..Category: Property Law | Date: | Hits: 23
Muslim (Md) Vs. Abdul Motaleb and others, 2001, 30 CLC (HCD)
.... petitioners as the plaintiffs instituted the suit for permanent injunction against the defendants in the Court of Assistant Judge, Shahara Upazilla stating, inter alia, that Abdul Majid the original owner died leaving 3 sons and 4 daughters including Jamina Khatoon who became the owner of the suit ......DLR (2002) 196.......ored. The order of status quo in respect of the possession granted earlier by this Court is vacated. Send down the lower Court records. Ed. This Case is also Reported in: 54 DLR (2002) 196...Category: Property Law | Date: | Hits: 33
Abdul Hye and others Vs. Serajul Hoque and others, 2009, 38 CLC (AD)
....ls for no interference. There is no merit in the application. The petition is accordingly dismissed without any order as to costs. Ed. This Case is also Reported in: 15 MLR (AD) (2010) 435. ......s also Reported in: 15 MLR (AD) (2010) 435. ...... of their actual share and the co-sharer who holds minimum land in possession comes before the Court with a suit for partition. 6. It is not unusual that at the time of final partition some of the possessor would be affected and some of the decree holder would be benefited. 7. It is also not p..Category: Property Law | Date: | Hits: 31
Falu Mia & others Vs. Safar Ali & others, 1988, 17 CLC (HCD)
....ka. 3. The plaintiff Nos. 1 and 2 are the sons and the plaintiff No. 3 is the daughter of Hosen Banu, through whom the plaintiffs claim the partible land. Hosen Banu's father Nazir Sheikh was the owner of the partible lands appertaining to khatian No. 285 of Mouza Kafrul. Upon his death the prop......For Opposite Party Nos. 12 & 13. Civil Rule No. 335(F) of 1984 with Civil Rule No. 11(F) of 1985. Judgment Mustafa Kamal J. - These Rules call upon the plaintiff opposite party Nos. 1-3 and 12-13 to show cause why the judgment dated 7.12.82 passed in F.A. No. 32 of 1967 by this Divisio......ke out any case for reception of addiÂtional evidence in this case. The Rules are therefore discharged but without any order as to costs. Ed. This Case is also Reported in: 40 DLR (1988) 165...Category: Property Law | Date: | Hits: 29
Asgar Ali & others Vs. Additional Deputy CommisÂsioner, Khulna & others, 1987, 16 CLC (HCD)
....ubordinate Judge came to a findÂing that all the papers available on the plaintiffs' side are sufficient to hold that the property should be reÂleased in favour of the plaintiffs who are admittedly owners of the property and more so as the Abandoned Property Authority is not disputing plaintiffs c......epresented - the opposite party. Civil Revision No. 45 of 1987. Judgment Anwarul Huq Chowdhury J. - This Rule arises out of an application under secÂtion 115 of the Code of Civil Procedure and is directÂed against the Judgement and decree dated 28.12.1983 passed by the learned Additional...... remand for trial in the light of the observation made herein before. There will be no order as to costs. Send down the records at once. Ed. This Case is also Reported in: 40 DLR (1988) 157. ..Category: Property Law | Date: | Hits: 36
Banesa Bibi Vs. The Senior Vice-President and others, 2009, 38 CLC (AD)
....haka, with a 5(five) storied building standing thereon, vide sale deed No.18040 dated 12.12.2004 executed by the mortgage Al-Arafah Islami Bank Limited, as appointed attorney of Mrs. Banesa Bibi, the owner-mortgagor of the property in favour of Jabiullah Siddique, the auction purchaser. The aforesai......on (Civil) Present: Mohammad Fazlul Karim Md. Joynul Abedin Shah Abu Nayeem Mominur Rahman Banesa Bibi……………………….....Petitioner Vs. The Senior Vice-President and others………......Respondents Judgment April 19, 2009. Lawyers Involved: Rokanudd...... accordance with law and no interference is called for. The petition is accordingly dismissed. This Case is also Reported in: 63 DLR (AD) (2011) 160, 18 BLT (AD) (2010) 507, 8 LG (AD)(2011) 55...Category: Civil Law | Date: | Hits: 81
SM Nasirul Haque Vs. Omar Faruque Chowdhury and others, 2001, 30 CLC (HCD)
....sed of 3.49 acre of land. Owners of other plots got settlements from the Bhowal Raj Court of Wards Estate by opening separate holdings. The CS plot No.139 was joint and still remained joint and other owners of other four plots were never sharers in this plot. 3. Lal Mahmud, Waz Mahmud, Shukur......Civil Revisional Jurisdiction) Present: Md. Abdur Rashid J Hasan Foez Siddique J SM Nasirul Haque…..……………Petitioner Vs. Omar Faruque Chowdhury and others ………Opposite Parties Judgment December 3, 2001. Cases Referre......are confirmed. Order of stay as granted at the time of issue of the Rule is hereby recalled and vacated. Send down the records. Ed. This Case is also Reported in: 54 DLR (2002) 181. ..Category: Property Law | Date: | Hits: 39
Wahidul Haque Vs. Bangladesh and others, 2002, 31 CLC (HCD)
....he records of the property in question but did not get any result. The respondents have given direction to other authorities also like WASA, DESA, City Corporation etc. not to treat the petitioner as owner of the property in question until and unless a fresh release order is issued from the Ministry...... Supreme Court High Court Division (Special Original Jurisdiction) Present: Md. Hamidul Haque J Nazmun Ara Sultana J Wahidul Haque…..………….Petitioner Vs. Bangladesh and others……..Respondents Judgment January 19, 2002. Case Referred to- 48 DLR 291.......bservation made in the body of this judgment. Send copies of this judgment to respondent Nos. 1-5 for proper guidance and necessary action. Ed. This Case is also Reported in: 54 DLR (2002)165...Category: Property Law | Date: | Hits: 38
Abdur Rahman Vs. State, represented by Deputy Commissioner, 2006, 35 CLC (HCD)
....bordinate Judge, Khulna, against defendant Ashutosh Debnath for specific performance of a contract for sale of a land on the strength of a Bainapatra dated 15 July, 1971 executed in his favour by the owner, the said AshuÂtosh. The suit was, however, dismissed on merit by a judgment dated 15 Septemb......man J.- The accused petitioner, Abdur Rahman, obtained this Rule on 4-2-2001, under section 561A of the Code of Criminal ProceÂdure, calling upon the informant opposite party No. 1 Shankar Sen Gupta and the Deputy Commissioner, Chittagong, to show cause as to the legality and propriety of the proce......nding before the Metropolitan Magistrate, Chittagong, is hereby quashed. Let a copy of the judgment be sent down at once. Ed. This Case is also Reported in: 59 DLR (2007) 683. ..Category: Criminal Law | Date: | Hits: 43
State Vs. Al Hasib Bin Jamal alias Hasib and five others, 2007, 36 CLC (HCD)
..... He did not know what was written in the inquest report. He did not complain to any authority against what was written in the inquest report. Rasel Bhuiyan used to live in Dhaka. He was not the sole owner of the park. Some land of the park was purchased by him. There was no dispute amongst themselv...... High Court Division (Criminal Appellate Jurisdiction) Present: AKM Fazlur Rahman J Quamrul Islam Siddiqui J State……………..Petitioner Vs. Al Hasib Bin Jamal alias Hasib and five others……………..Convicts (sentenced to death) Judgment August 22, 2007. Cas......absconding accused Ali Hasib Bin Jamal @ Hasib, Almas and Anif Mahmud alias Aurango @ Anga. Send down the lower Court's records at once. Ed. This Case is also Reported in: 59 DLR (2007) 653. ..Category: Criminal Law | Date: | Hits: 40
Ali Ashraf Mia Vs. Chairman, First Court of SettleÂment and others, 2006, 35 CLC (HCD)
.... 16/13, Block-B, Babar Road, Mohammadpur, Dhaka belonged to one Fouzdar Miah who entered into an agreement on 5-3-1973 for sale of the said property to the petitioner and subsequently, since the said owner did not execute and register the sale deed in favour of the petitioner, he was constrained to ...... Jurisdiction) Present: Tariq-ul-Hakim J Afzal Hossain Ahmed J Ali Ashraf Mia……………………..Petitioner Vs. Chairman, First Court of SettleÂment and others……………Respondents Judgment June 27, 2006. Lawyers involved:......interference by this Court. Accordingly, both the aforesaid Rules are discharged. There will be no order as to costs. Ed. This Case is also Reported in: 59 DLR (2007) 640. ..Category: Property Law | Date: | Hits: 39
Integrated Services Ltd. Vs. Commissioner (Current Charges), Customs and others, 2007, 36 CLC (HCD)
....on such exportation, etc. Table (14) of said section provides for penalty for commission of an offence under section 32 of the Customs Act. While table (70) of said section makes it an offence if the owner of any baggage fails to make a correct declaration of its contents or refuses to answer any qu......tatutory Original Jurisdiction) Present: Md. Abdur Rashid J Md. Miftah Uddin Choudhury J Integrated Services Ltd..............Petitioner Vs. Commissioner (Current Charges), Customs and others.....Respondents Judgment May 8, 2007. Lawyers involved: Akhter Imam with Zuba......legal effect. The responÂdents are directed to refund the, detained non-adhesive share transfer stamps by 24th day of May, 2007, positively. Ed. This Case is also Reported in: 59 DLR (2007) 597...Category: Business or Commercial Law | Date: | Hits: 178
Mofidul Haque (Md) Vs. Bangladesh, 2006, 35 CLC (HCD)
....he respondent No. 2 being the applicant has filed an application being No. C-6724 in Class-25 for registration of their trade mark in respect of shoe knowing fully well that the applicant is the only owner of the trade mark Liberty. The present appellant (the respondent in rectification case) is dis......y J Mofidul Haque (Md)…………………..Appellant Vs. Bangladesh……………..Respondents Judgment December 12, 2006. Cases Referred To- Haque and Company Ltd. Vs. Messrs Western Soap Factory and others,43 DLR 304; Sunil, Kumar Das vs. Canon K......, there is no merit in this appeal. The appeal must fail. The appeal is accordingly dismissed without any order as to costs. Ed. This Case is also Reported in: 59 DLR (2007) 588. ..Category: Intellectual Property Law | Date: | Hits: 198
Khalilur Rahman (Md) Vs. Asgar Ali, 1999, 28 CLC (HCD)
....5-4-75 from Baharuddin, who had earlier purchased the same. Abdus Salam Sarker again purchased 22.50 decimals of land from the recorded tenants by a kabala dated 31-7-75 and in this way he became the owner to the extent of 42.50 decimals of land and in due course of time he got the said land mutated......……………Petitioner Vs. Asgar Ali…………………………………………Opposite Party Judgment March 21, 1999. Case Referred To- Onkar Bhikaram Vs. Balmukund Javarchand, Madhya Bharat, 135. Lawyers Involved: Mohammad Nazibar Rahman, Advocate — For the Petit...... granted by this Court stands vacated. Communicate the order of the Court to the learned Senior Assistant Judge, Thakurgaon at once. Ed. This Case is also Reported in: 52 DLR (HCD) (2000) 145...Category: Procedural Law | Date: | Hits: 76
Dr. Md. Kamrul Ahsan Talukder Vs. Nurun Nahar and others, 2009, 38 CLC (AD)
....ymensingh Sadar, in Other Class Suit No.58 of 1993 dismissing the Suit. 2. The facts involved in the case, in short, are that Sharat Chandra Das, Subash Chandra Das and Satish Chandra Das were the owners of the .0606 acres of land which is the disputed land and that the said land was transÂferre......on (Civil) Present: Mohammad Fazlul Karim J Md. Joynul Abedin J Shah Abu Nayeem Mominur Rahman J Dr. Md. Kamrul Ahsan Talukder…………............Appellant Vs. Nurun Nahar and others…………………………………Respondent Judgment May 5, 2009. Cases Re......ellate Court is directed to dispose of the appeal in accordance with law. This appeal is accordingly, allowed without any order as costs. Ed. This Case is also Reported in: VII ADC (2010) 794...Category: Property Law | Date: | Hits: 37
Hafizuddin Ahmed Vs. M Aslam Miah & others, 2002, 31 CLC (HCD)
....rring 15 decimals out of the suit land to defendant No. 1 is collusive, fraudulent, without consideration and void. The plaint case, in short, is that while father of the plaintiff, Mohammad Ali, was owner in possession of the suit land, recreated a waqf absolutely dedicating the suit land for const........……………..Petitioner Vs. M Aslam Miah & others......…….opposite Parties Judgment July 8, 2002. Cases Referred To- Serajul Karim Chowdhury Vs. Abul Khayer Chowdhury and others, 2 BLC 517; Syed Mahmud Ali Vs. Md Asmatullah and others, 32 DLR (SC) 39; Jamaluddin Vs. ......ce. Let a copy of this judgment and order be sent to opposite party No. 5, the Administrator of Waqfs for his perusal and necessary action. Ed. This Case is also Reported in: 55 DLR (2003) 95...Category: Trust/Waqf Law | Date: | Hits: 228
Zitu Ahsan alias Apon Vs. State, 2007, 36 CLC (HCD)
....that the Imam of the mosque solemnised the marriage and in cross-examination, he has admitted that he was a witness in the Kabin on behalf of the victim girl. 13. PW 5 Jamal Miah is the hotel owner who stated that after the marriage between the appellant and the victim girl in another place ......l with Md. Serajul Karim, Assistant Attorney-General—For the Respondent-State. Criminal Appeal No. 4045 of 2006. Judgment SM Dastagir Husain J.- The appeal is directed against the judgment and order dated 10-8-2006 passed by the Nari-o-Shishu Nirjatan Daman Bishesh Tribunal and Special Se......t him of the said Ain. The appellant be set at liberty at once if not wanted in connection with any other case. Send down the LCR at once. Ed. This Case is also Reported in: 59 DLR (2007) 528...Category: Criminal Law | Date: | Hits: 44
Fida-ul-Huq Vs. Government of the People's Republic of Bangladesh and others, 2007, 36 CLC (HCD)
....rt facts of the petitioner's case is, that the petitioner entered into a Lease Agreement on 27Â10-1971 as a tenant of Flat No. Ja, China Building, 99 Peelkhana Road, Azimpur, Dhaka with its original owner, Mr. S Naseem Anwar (Annexure-A) and accordingly, the petitioner had been possessing the said ......an J Fida-ul-Huq……………………………………………………………………………………………….Petitioner Vs. Government of the People's Republic of Bangladesh and others…………..Respondents Judgment June 7, 2007. Cases Referred To- Sekander ...... appropriate steps in accordance with law against the said fake Fida-ul-Huq, i.e. the occupant of the flat. Communicate the order at once. Ed. This Case is also Reported in: 59 DLR (2007) 480...Category: Property Law | Date: | Hits: 34
Jinnat Ali (Md) Vs. Md. Abu Bakkar Siddique and others, 2002, 31 CLC (HCD)
....true section 96(1) of the State Acquisition and Tenancy Act, 1950 envisages right of pre‑emption to three categories of tenants namely, a co-sharer by inheritance, a purchaser and a contiguous land owner of the land transferred upon deposit of the consideration money of the value of the transferre......e Court High Court Division (Civil Revisional Jurisdiction) Present: Md. Abdur Razzaque J Jinnat Ali (Md)..................................Petitioner Vs. Md. Abu Bakkar Siddique and others...............Opposite-Parties Judgment June 11, 2002. Case Referred To- Raf......‘1995 in Miscellaneous Appeal No. 88 of 1995 are hereby affirmed. Send down the LCR with a copy of this judgment to the Court concerned. Ed. This Case is also Reported in: 55 DLR (2003) 92. ..Category: Property Law | Date: | Hits: 37
Mohsina Rahman alias Jaya Vs. Abdul Majid and others, 2001, 30 CLC (HCD)
....der the petitioner by purchase of possession of shop room situated at 164, Elephant Road under the name and style Meherun Nessa AC Market but the market could not flourish for which the petitioner as owner decided to demolish the market and to raise residential multistoried flat building and all the......t Division (Civil Revisional Jurisdiction) Present: Mohammad Fazlul Haque J NK Chakravartty J Mohsina Rahman alias Jaya………………………….Petitioner Vs. Abdul Majid and others…………….………………..Opposite Party Judgment June 24, 2001. Lawy......the Miscellaneous Case No. 34 of 1998 and Title suit No. 142 of 1998 are affirmed. Stay granted earlier by this Court is hereby vacated. Ed. This Case is also Reported in: 54 DLR (2002) 138. ..Category: Civil Law | Date: | Hits: 77
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