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Anwara Begum Vs. Government of Bangladesh and others, 2005, 34 CLC (HCD)

.... was given allotment to one Md. Younus Ali, son of late Md. Yusuf Ali of the same address by registered agreement dated 29-7-1963 followed by possession and thereby the said Md. Younus Ali became the owner of the house in question. The said Md. Younus Ali while possessing the property had obtained l...... (Special Original Jurisdiction) Present: Tariq-ul-Hakim J Afzal Hossain Ahmed J Anwara Begum .............................. ……………Petitioner Vs. Government of Bangladesh and others………….Respondents Judgment August 1, 2005. Cases Referred To- Banglade......d Buildings as published in Ka list dated 28-4-1986 within 3(three) months from the date of receipt of this order. Ed. This Case is also Reported in: 59 DLR (2007) 251, 26 BLD (HCD) (2006) 123. ..

Category: Property Law | Date: | Hits: 40

Abdul Karim and others Vs. Court of Settlement and others, 2007, 36 CLC (HCD)

....to Md. Abdul Quayum by a registered deed being No. 881 dated 3-2-1969 and delivered physical possession of the building in question to said Abdul Quayum and that thereafter, Abdul Quayum while was in ownership and possession of the property he again sold out the same to one Habiba Banu wife of Abdul......so Reported in: 59 DLR (2007) 247.......6 under Abandoned Buildings (Supplementary Provisions) Ordinance, Ordinance 54 of 1985 at page No. 9764 (17), Serial No. 42 (Annexure-I). Ed. This Case is also Reported in: 59 DLR (2007) 247...

Category: Property Law | Date: | Hits: 33

Abul Koyser Vs. Tobarak Ali and others, 2007, 36 CLC (HCD)

.... decimals along with 39 decimals of land of plot No. 1741 by registered Kabala being No. 2916 dated 12-10-65. He also purchased 1.70 acres of land by 2 kabalas dated 18-11-66 and 2-2-73 from the same owner, which were adjacent to the case plot. By purchase he became a co-sharer in the case holding b......7) 234 . ......d. Order of stay granted at the time of issue of the Rule is hereby recalled and vacated. Send down the records at once. Ed. This Case is also Reported in: 59 DLR (2007) 234 . ..

Category: Property Law | Date: | Hits: 28

Shaherunnessa Vs. Shamsunnahar, 2007, 36 CLC (HCD)

....s dated 12-2-75 and 134-75. They got their names mutated in both revenue record and Chittagong Municipal Corporation and got electric connection, etc. They paid rents and taxes, etc. 4. Thus being owner, Lutfor Rahman let out the suit premises to said defendant Shaherunnessa on the basis of an or......tahuddin Choudhury J Shaherunnessa......Petitioner Vs. Shamsunnahar…….Opposite Party Judgment January 25, 2007. Cases Referred To- Sadak Ali vs. Suruj Ali 7 DLR 94; Amar Chandra Sana vs. Ajit kumar Das 33 DLR (AD) 37. Lawyers involved: Subrata Chowdhury, Advocate—...... the decree of the trial Court decreeing the suits are hereby set aside and both the suits are dismissed. Send down the records at once. Ed. This Case is also Reported in: 59 DLR (2007) 217. ..

Category: Property Law | Date: | Hits: 35

Dhaka City Corporation and others Vs. Shamsur Rahman and others, 2007, 36 CLC (HCD)

....r Rule was obtained by defendant No. 4 upon similar revision application against same judgment and decree of reversal. Defendant No. 4 appears to be a multipurpose co-operative society of motor parts owners. 3. Opposite party No. 1 as plaintiff on 27-11-02 instituted a suit being Title Suit N......ase is also Reported in: 59 DLR (2007) 207. ......ring with peaceful possession of the plaintiff in the suit land, in any way, as prayed for. Send down the records, at once. Ed. This Case is also Reported in: 59 DLR (2007) 207. ..

Category: Property Law | Date: | Hits: 32

Anti-Corruption Commission Vs. Md. Hasan & others, 2008, 37 CLC (AD)

...., Chittagong issued the notice upon the respondent No. 1 in Chittagong Central Jail. In the said notice the respondent No.7 alleged that it is apparent on enquiry that the respondent No. 1 has become owner of assets disproportionate to his known legal source of income in his name or his wife, son, d......ructed by Md. Wahidullah, Advocate-on-Record—For the Respondent Nos. 1-2. Not represented—the Respondent Nos. 3-7. Civil Petition for leave to Appeal No. 1432 of 2008. (From the judgment and order dated the 18th day of June, 2008 passed by the High Court Division in Writ Petition No. 11......ove, we find no sub­stance in the submissions of the learned Advocate for the petitioner. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: 15 BLC (AD) (2006) 183. ..

Category: Anti-Corruption Laws | Date: | Hits: 143

Mirza Shahab Ispahani Vs. Government of the Peo­ples’ Republic of Bangla­desh, 1987, 16 CLC (HCD)

....er asserts that he was maintaining a separate dwelling house, namely, Flat No.2, Ispahani Mansion, Ispa­hani Colony, and Dhaka. The petitioner further asserts that he exercised all manner of acts of ownership and possession in respect of the disputed property upto January, 1974. He paid insurance p......a­desh, represented by the Secretary, Ministry of Works, Secretariat Building, Dhaka..........................Respondent Judment March 31, 1987. Cases Referred to- State of Bombay vs. Pandurang Vinayak and others, A.I.R. 1953 (S.C) 244; East End Dwelling Co. Ltd. vs. Finsbury Borough ......tore the disputed property to the possession of the petitioner within three months from date. Mohammad Ismail Uddin Sarker J. - I agree. Ed. This Case is also Reported in: 40 DLR (1988) 87. ..

Category: Immigration and Citizenship Law | Date: | Hits: 188

State Vs. Mizanul Islam alias Dablu & another, 1987, 16 CLC (HCD)

....sclose the fact of recog­nition to other witnesses. 13. His evidence on the point of recognition has been criticized by the learned Counsel for the de­fence, on the ground that Abul Hossain the owner of the adjacent building has not been examined to prove that electric bulb fixed on the bounda......€¦Complainant (Informant) Vs. Mizanul Islam alias Dablu & another……………………….Opposite Party (Appellant) Judgment May 11, 1987. Result: The Reference is accepted and the death sentence is hereby confirmed. Lawyers Involved: Kaiseruddin Ahmed, Deputy Attorn......s hereby set aside and he is set at liberty forth with if not wanted in connection with any other case. D.M. Ansaruddin Ahmed J. -I agree. Ed. This Case is also Reported in: 40 DLR (1988) 58...

Category: Criminal Law | Date: | Hits: 61

Aliluddin and others Vs. Ministry of Land Administration and Land Reforms & others, 1999, 28 CLC (HCD)

.... District Gazipur originally belonged to Raj Kishore Paul, his brother Joy Kishore Paul and Ray Kishore Paul, Hara Kishore Paul, and Rain Kishore Paul; that while in peaceful possession the aforesaid owners through a kabala dated 7-4-1972 transferred 1.40 acres of land to Kadarjan Bibi and by 3 (thr...... Ed. This Case is also Reported in: 52 DLR (HCD) (2000) 112. ......hout lawful authority and to be of no legal effect. In the result, the Rules are discharged without however any order as to costs. Ed. This Case is also Reported in: 52 DLR (HCD) (2000) 112. ..

Category: Property Law | Date: | Hits: 31

Hanif Ali (Md) Vs. Hajera Khatun and others, 2002, 31 CLC (HCD)

....dant No. 2 in Other Suit No. 38 of 1984 and prayed for saham in respect of .87 acres of land. The plaintiff No. 2 took settlement of .40 acres of land from Plot No. 7990 by virtue of dakhila from its owner Ahmed Ali and was possessing the same and that his name has duly been recorded in RS Khatian N......2003) 17. ......oner before the trial Court for the amendment is allowed. In view of the facts and circumstances there will be no order as to costs. Ed. This Case is also Reported in: 55 DLR (2003) 17. ..

Category: Property Law | Date: | Hits: 34

Habib (Md) and another Vs. State represented by the Deputy Commissioner, 1999, 28 CLC (HCD)

....d to the importer on the request of Md. Habib, the guarantor, it was also stated by the godown authority that Mr. Habib promised to refund the entire stock to the godown within a short time. Then the owner of the godown Mr Islam informed this fact in writing to the Bank on 30-3-98. Thereafter, when ......Case is also Reported in: 52 DLR (HCD) (2000) 105. ...... proceedings of GR Case No. 929 of 1998 so far it relates to the present petitioners Md. Habib and Ahmed Abdullah Lokman are quashed. Ed. This Case is also Reported in: 52 DLR (HCD) (2000) 105. ..

Category: Criminal Law | Date: | Hits: 39

Kalur Hat KC Bilateral School Vs. Sabbir Hossain Chowdhury & others, 1999, 28 CLC (HCD)

....he suit land along with other land in auction on 11-12-1942 in Rent Execution Case No.1955 of 1942 and accordingly, got delivery of possession through Court on 5-5-1943. Said Mahbub Hossain being the owner in possession granted settlement of the suit land for agriculture purpose in favour of the pla......School……………Petitioner Vs. Sabbir Hossain Chowdhury & others………………Opposite Parties Judgment November 2, 1999. Case Referred To- Uttara Bank Vs. Macneil and Kilburn Ltd. and others, 33 DLR (AD) 298. Lawyers Involved: Md. Nazibar Rahman, Advocate- ......er as to costs and the impugned order of the learned District Judge is set aside and that of the learned Subordinate Judge is restored. Ed. This Case is also Reported in: 52 DLR (HCD) (2000) 102...

Category: Property Law | Date: | Hits: 21

Shahjahan Ali Khan (Md) and others Vs. Bangladesh, 1999, 28 CLC (HCD)

....f the Constitution need be reproduced. Proviso that has been added in section 31 of the Ordinance runs as follows: “Provided that the compensation determined by the Arbitrator in respect of each owner shall not exceed the amount specified in the award of the Deputy Commissioner by more than ten......o Reported in: 52 DLR (HCD) (2000) 99. ......ion of Article 116A of the Constitution. In view of the discussion made above the Rule is discharged without any order as to costs. Ed. This Case is also Reported in: 52 DLR (HCD) (2000) 99. ..

Category: Alternative Dispute Resolution | Date: | Hits: 191

Humayun Majid Vs. Bangladesh Bureau of Anti-Corruption and ors., 2000, 29 CLC (HCD)

.... of and was taken over by the former partner Abdul Majid, father of the petitioner. While the petitioner’s father Abdul Majid had been in possession and control of the case property as the absolute owner inducted therein tenants and kept a portion in his possession. During the period of liberation......High Court Division (Special Original Jurisdiction) Present: Syed JR Mudassir Hussain J Md. Arayesuddin J Humayun Majid…….Petitioner Vs. Bangladesh Bureau of Anti-Corruption and ors………..Respondents Judgment December 3, 2000. Case Referred To- Durga Das v......t, the Rule is made absolute with cost of Taka 5,000 against the respondent No. 6 and no order as to cost is made against other respondents. Ed. This Case is also Reported in: 54 DLR (2002) 12. ..

Category: Anti-Corruption Laws | Date: | Hits: 232

Abul Hossain and others Vs. State and another, 2003, 32 CLC (HCD)

....gment. 2. The informant filed a petition of complaint with the Magistrate, 1st Class, Nilphamari on 6‑11‑1996 against the accused-petitioners alleging, inter alia, that his father has been the owner, possessor and person in interest of 0.6 decimals of paddy land under Nilphamari Bazar Khatian...... This Case is also Reported in: 56 DLR (2004) 12. ...... 2. The informant filed a petition of complaint with the Magistrate, 1st Class, Nilphamari on 6‑11‑1996 against the accused-petitioners alleging, inter alia, that his father has been the owner, possessor and person in interest of 0.6 decimals of paddy land under Nilphamari Bazar Khatian No. ol..

Category: Criminal Law | Date: | Hits: 34

Abu Jafar Md. Nurul Islam Vs. DG, Department of Environ­ment, Government of Bangladesh and others, 2003, 32 CLC (HCD)

....ronment, Government of Bangladesh about the creation of any environment pollution by an industry, factory or industrial project and how to dispose of the same which also include giving hearing to the owner of the industry or factory concerned. More significantly, proviso to sub­section 3 of section......iginal Jurisdiction) Present: MA Wahhab Miah J Shamim Hasnain J Abu Jafar Md. Nurul Islam...................Petitioner Vs. DG, Department of Environ­ment, Government of Bangladesh and others.........Respondents Judgment July 15, 2003. Cases referred to- Chairman, Zill......6‑11‑2002 vide Annexure E to the writ petition is hereby declared to have been issued without lawful authority and is of no legal effect. Ed. This Case is also Reported in: 56 DLR (2004) 1. ..

Category: Environmental Law | Date: | Hits: 226

Nannu Mia @ Habibur Rahman Vs. State, 2002, 31 CLC (HCD)

....into Bangladesh and the appellant carried the same with the knowledge that these were smuggled goods. Next, he submits the failure on the part of the prosecution to secure arrest of Mahadeb, the real owner of the goods. In such manner PW 8 allowed the real culprit to escape from the case and the app......Attorney‑General with Shamim Ara‑Dora, Assistant Attorney‑General‑For the State. Criminal Appeal No. 968 of 1999. Judgment Abdul Awal J.- This Appeal is directed against the Judgment and order dated 19‑4‑1999 passed by the Special Tribunal No. 1, Narshingdi, in Special Tribunal ...... the charge thereunder. The appellant be set at liberty, if not wanted in any other case. Send down the lower Court records expeditiously. Ed. This Case is also Reported in: 55 DLR (2003) 7. ..

Category: Criminal Law | Date: | Hits: 43

Jamal Hossain (Md.) and others Vs. Chairman, 2nd Court of Settlement, Abandoned Buildings, Dhaka and others, 1999, 28 CLC (HCD)

....ition has been filed denying the assertion of the petitioner made in the application including the possession over the case house. 5. It appears that Begum Nessa Bibi, wife of Jalal Ahmed, was the owner of the case house who sold the same to Md. Ali Akbar, the predecessor of the petitioners and o......so Reported in: 52 DLR (HCD) (2000) 67.......f Public Works and Urban Development for information at once. In the result, the Rule is made absolute without any order as to costs. Ed. This Case is also Reported in: 52 DLR (HCD) (2000) 67...

Category: Property Law | Date: | Hits: 28

Tahera Begum and others Vs. First Court of Settlement and others, 2006, 35 CLC (HCD)

.... such other or further order or orders passed as to this Court may seem fit and proper. 2. The petitioners' case is that one Md. Mujtaba Siddique, son of late Mustafa Siddique was the original owner of the disputed property which was allotted to him by Government of the then East Pakistan thr......s Case is also Reported in: 59 DLR (2007) 173. ......ly included in the 'kha' list of the abandoned buildings. In the result, the Rule is made absolute without any order as to cost. Ed. This Case is also Reported in: 59 DLR (2007) 173. ..

Category: Property Law | Date: | Hits: 29

Monir Hossain Vs. Artha Rin Adalat No.4, Dhaka & others, 2010, 39 CLC (AD)

....ding loan stood at Tk.85,66,535.00/- as on 21st July, 2000. 4. The defendant No.5, the predecessor-in-interest of the petitioner filed written statement asserting that the defendant is the partial owner of Serial Nos.1 and 2 of the properties as described in schedule 'Ka' and he was in possession......nstructed by Mvi. Md. Wahidullah, Advocate-on-Record- For Respondent No. 2. Not represented- Respondent Nos.1, 3-10. Civil Petition for Leave to Appeal No. 1101 of 2009. (From the judgment and order dated 20.04.2009 passed by the High Court Division in Writ Petition No.10926 of 2006.) ......rit petition is not legally maintainable. We, therefore, find no reason to interfere with the same. The petition is accordingly dismissed. This Case is also Reported in: 15 MLR (AD) (2010) 236. ..

Category: Civil Law | Date: | Hits: 78