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Abdul Shahid Chowdhury and another Vs. Kazi Khurshed Ali and others, 1979, 8 CLC (AD)

....ing for the petitioners submitted that the pre­emption case has been dismissed by the lower Appellate Court, which has been approved by the High Court Division, on misconception of fact and law. The disputed case holding being appertained to raiyati khatian and situated in the rural area it cannot ......tion case has been dismissed by the lower Appellate Court, which has been approved by the High Court Division, on misconception of fact and law. The disputed case holding being appertained to raiyati khatian and situated in the rural area it cannot be treated as non-agricultural land, the pre-emptio..

Category: Property Law | Date: | Hits: 76

MA Hashem Vs. Shamsul Kabir Humayun Reza and anothers, 2011, 40 CLC (HCD)

....-2006 and thereafter defendant No.1 (a) to 1(e) filed written statement not as heir of defendant No.1. 14. In the written statement defendants totally denied the plaint case. It is their case that disputed property was allotted to their father, deceased Shamsul Kabir Humayun Reza who was BSC Engi......reafter standard lease agreement was executed and registered in his favour on 1-8-1962 being deed No.7198 and he became the 16 annas owner of the suit plot, this defendant No.3-appellant got mutation khatian and got his name recorded in the City Corporation, electricity, WASA and Titas gas departmen..

Category: Property Law | Date: | Hits: 100

Shah Alam and others Vs. Masuma Khatoon and others, 1993, 22 CLC (HCD)

....o merit in this appeal. In the result, the appeal is dismissed with cost and the judgment and decree of the court below is affirmed. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 541.......o merit in this appeal. In the result, the appeal is dismissed with cost and the judgment and decree of the court below is affirmed. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 541...

Category: Property Law | Date: | Hits: 55

Most. Shamsunnahar and Others Vs. Abdul Mannan and Others, 2010, 39 CLC (AD)

....laintiff he sold 0028 decimals of land but the defendants fraudulently included 003 decimals of land in the impugned deed in collusion with the scribe. The plaintiff did not deny the execution of the disputed deed. Besides claiming title, the plaintiff sought for rectification of the impugned deed u......ind no ground to interfere with the same. The appeal is, therefore, dismissed without any order as to costs. Ed. This Case is also Reported in: 31 BLD (AD) (2011) 198, 16 MLR (AD) (2011) 374. ..

Category: Property Law | Date: | Hits: 49

Wahed Ali Vs. Sona Miah, 2009, 38 CLC (HCD)

.... The order of stay granted at the time of issuance of the Rule is hereby vacated. Send down the lower Courts records immediately. Ed. This Case is also Reported in: 16 MLR (HCD) (2011) 248....... The order of stay granted at the time of issuance of the Rule is hereby vacated. Send down the lower Courts records immediately. Ed. This Case is also Reported in: 16 MLR (HCD) (2011) 248...

Category: Property Law | Date: | Hits: 91

Hemayetuddin and others Vs. Md. Shahjahan Miah and others, 2009, 38 CLC (HCD)

....Court at the time of issuance of the rule is hereby vacated. Lower Court's records be sent down at once with a copy of the judgment. Ed. This Case is also Reported in: 16 MLR (HCD) (2011) 242.......Court at the time of issuance of the rule is hereby vacated. Lower Court's records be sent down at once with a copy of the judgment. Ed. This Case is also Reported in: 16 MLR (HCD) (2011) 242...

Category: Property Law | Date: | Hits: 72

HM Ershad Vs. The State, 1992, 21 CLC (HCD)

....power for taking cognizance of an offence though there may be other Special Judge within the territorial jurisdiction and the Divisional Special Judge having wider territorial jurisdiction. It is not disputed that only the Senior Special Judge has got the jurisdiction to take cognizance of an offenc......ions of ours will not touch the merit of the case in any manner whatsoever. Let the records of the case be sent down immediately. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 533. ..

Category: Criminal Law | Date: | Hits: 286

Sher Mohammad and others Vs. Saroda Bala Sen and others, 1993, 22 CLC (HCD)

....ages but possession of the land. He brings his action against the person actually in possession." 14. This passage is actually referring to a case where the precedent title of a third party is not disputed. Apart from that, the passage strictly speaking, will imply that only all those persons who...... Accordingly the Rule is discharged. The stay granted earlier is hereby vacated. Communicate this order to the lower Court at once. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 527...

Category: Property Law | Date: | Hits: 50

Nurun Nahar Khan Vs. Monsur Rahman being dead his heirs: 1(a) Md. Mahbub Rahman (Mohon) and others, 2009, 38 CLC (AD)

....ory. The original copy of the said inventory was kept in the custody of the plaintiff and it appears from the said inventory list that a blank stamp paper together with other document relating to the disputed land were kept in the custody of the plaintiff. After the death of Monsur Rahman, the defen...... the High Court Division upon correct assessment of the materials on record arrived at a correct decision. The petition is dismissed. Ed. This Case is also Reported in: 19 BLT (AD) (2011) 176...

Category: Property Law | Date: | Hits: 70

Taslimuddin alias Tasir and others Vs. State, 1991, 20 CLC (HCD)

....vict appellants and no other persons are the killers of Masharuddin and, therefore, they have been rightly convicted and sentenced thereunder by the trial Court. 9. The death of Masharuddin is not disputed. it is also not disputed that the death of Mashar Uddin was unnatural and unusual. But the ......lias Tasir, Nawshad Ali, Mafazzal Hossain and Abdus Salam be set at liberty forthwith, if not wanted in connection with any other case. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 136...

Category: Criminal Law | Date: | Hits: 76

Evergreen Marine Corporation Vs. Habib and Brothers and others, 2010, 39 CLC (HCD)

....f the plaint and argues that except mentioning a sentence that the plaintiff carrier on business of ship­ping, nowhere in the four corners of the plaint the status of the plaintiff as carrier of the disputed consignment has been mentioned and therefore, this suit is not maintainable in this Admiral......merit in the application and the same is liable to be rejected. Accordingly, the application praying to return of the plaint is rejected. Ed. This Case is also Reported in: 16 BLC (2011) 902. ..

Category: Admiralty Law or Maritime Law | Date: | Hits: 202

Bangladesh and others Vs. Abdul Aziz, 2011, 40 CLC (HCD)

....revisional 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: 16 BLC (2011) 897.......n @ Darag Ali the father of the plaintiff and Mongal Miah, the paternal uncle of the plaintiff; that Mondal Miah had no issue and thus Moezuddin @ Darag Ali became owner of the suit property; that SA khatian was rightly recorded in the name of the Darag Ali @ Moezuddin; that the plaintiff got some o..

Category: Procedural Law | Date: | Hits: 72

Saijuddin Molla Vs. Abdur Rahman and others, 2011, 40 CLC (HCD)

....plead her by ascertaining necessary particulars. Because the pre-emptors could not be oblivious as to Ext. B (2) the kabala dated 2.6.73 by which Sayera Khatun purchased 1.40 acres of land out of the disputed tenancy and ought to have made her a party. " 17. In the given facts and circumstances o......n Pre-emption Miscellaneous Case No.21 of 2003 is set-aside. Let a copy of this judgment along with lower Court's record be sent down at once. Ed. This Case is also Reported in:   ..

Category: Property Law | Date: | Hits: 62

Md. Nazimuddin Vs. Government of Bangladesh and others, 2011, 40 CLC (AD)

....tive Appellate Tribunal also came to a finding that the petitioner could not submit his S.S.C. certificate as directed by the authority and that ultimately after perusing the necessary papers and the disputed affidavit, the authority finalized the petitioner’s date of birth as 09.08.1947. 11. ......t the case before the Administrative Tribunal was barred by limitation. Accordingly this petition for leave to appeal is dismissed. Ed. This Case is also Reported in: 17 BLC (AD)(2012) 10. ..

Category: Administrative Law | Date: | Hits: 196

Kazi Abdul Awal Zewar Rashid Vs. Dhaka Municipal Corpora­tion and another, 1990, 19 CLC (HCD)

....t his report within fifteen days from appointment. The stay granted earlier is thereby vacated. Communicate this order at once. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 509. ......t his report within fifteen days from appointment. The stay granted earlier is thereby vacated. Communicate this order at once. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 509. ..

Category: Property Law | Date: | Hits: 71

Nurul Islam Vs. Morshedul Alam and Others, 2011, 40 CLC (AD)

....ed, recognized, asserted or denied which is consistent with its existence or to show particular instance in which the right or custom was claimed recognized or exercised, or in which its exercise was disputed, asserted, or departed from; but the findings and the reasonings contained in that judgment......ce with the impugned judgment and decree. Accordingly, the appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: 64 DLR (AD)(2012) 3, 32 BLD (AD) (2012) 25. ..

Category: Property Law | Date: | Hits: 116

Professor Golam Azam Vs. Government of Bangladesh and others, 1992, 21 CLC (HCD)

....f Dhakeswari Deity. So in that case there was no dispute that being born on 4.10.28 he has been continuously living in this country. So the question of his being continuing permanent resident was not disputed in that case; that is why their Lordships determined his citizenship only on the point as t....... 153. I, therefore, having agreed with the Judgment delivered by BI Chowdhury, J make the Rule absolute. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 423. ..

Category: Immigration and Citizenship Law | Date: | Hits: 343

Habibullah (Md.) and others Vs. Bangladesh and others, 2007, 36 CLC (HCD)

....ciety needs the acquired land. The need to state the precise public purpose the body of the notice under Section 3 is imperative, because under Section 4 of the Ordinance any person interested in the disputed property has the right to Object to the acquisition of the property challenging the public ...... In light of the above, this Court finds substance in the Rule. In the result, the Rule is made absolute. There is no order as to costs. Ed. This Case is also Reported in: 16 BLC (2011) 794. ..

Category: Property Law | Date: | Hits: 104

Government of Bangladesh Vs. M Anwar Hossain and others, 2011, 40 CLC (AD)

....sale deed No.1997 dated 11-2-2009 (Annexure-A) exe­cuted by respondent No.5 (writ respondent No.5)". 2. Writ-Petitioners averred in the writ petition that pursuant to an agreement for sale of the disputed property, they got a decree for Specific Performance of Contract in Other Class Suit No.40 ......e directed by the Land Administration Board/the Board of Revenue. 13. Rule 24(4) provides that when the land vests in or comes to the possession of the Government, it shall be recorded in the khas khatian. Thus, there is no gainsaying fact that the mutation of record-of-rights requires enquiry, p..

Category: Property Law | Date: | Hits: 68

Renu Begum Vs. Khandokar Enamul Mowla and others, 2011, 40 CLC (HCD)

....uit is set aside and thus, the suit is hereby decreed. Let a copy of the judgment along with lower Court's record be sent down at once. Ed. This Case is also Reported in: 16 BLC (2011) 791. ......uit is set aside and thus, the suit is hereby decreed. Let a copy of the judgment along with lower Court's record be sent down at once. Ed. This Case is also Reported in: 16 BLC (2011) 791. ..

Category: Property Law | Date: | Hits: 74