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Gani Mia & another Vs. U.N.O., Biswanath, District Sylhet & Others, 1988, 17 CLC (HCD)

....isdiction as it would be in violation of the agree­ment entered into between the plaintiff petitioners and defendant Nos.1-4, in pursuance of which the plaintiffs petitioners donated .05 decimals of land by a document registered on 20.3.84 and constructed the present building thereon according to t................Opposite Parties Judgment February 11, 1988. Result: The Rule is made abso­lute. Cases Referred to- Mst. Jahanara Be­gum Vs. A.L. Md. Shamsul Huq, 27 DLR (AD) 1; Safiuddin Ahmed Siddiqui Vs. The Deputy Custodian, Enemy Property Management Board, 31 DLR page 107; Md. Ay......and as such it calls for interference. The im­pugned order be set aside and the Rule be made abso­lute without any order as to costs. Ed. This Case is also Reported in: 42 DLR (HD) (1990) 72. ..

Category: Procedural Law | Date: | Hits: 193

Gura Miah and others Vs. Fazar Ali and others, 1988, 17 CLC (HCD)

..... Criminal Revision Case No. 37 of 1986. Judgment A.M. Mahmudur Rahman J. - This Rule aris­es out of an order passed by Upazila Magistrate Maheshkhali, Cox's Bazar finding possession of the lands in favour of 1st party, 2nd party, 3rd party, Added 3rd party and 4th Party and against Added ......ure is hereby dropped. In the result the Rule is made absolute. Ed. This Case is also Reported in: 42 DLR (HD) (1990) 70.......me and the proceeding under section 145 of the Code of Criminal Procedure is hereby dropped. In the result the Rule is made absolute. Ed. This Case is also Reported in: 42 DLR (HD) (1990) 70...

Category: Criminal Law | Date: | Hits: 126

Khaled Akbar Vs. Government of Bangladesh and others, 1989, 18 CLC (HCD)

....1/87 and 2/87 allowing in part and modifying the Award passed by the Arbitrator and Subordinate Judge, 1st Court, Dhaka in Arbitration Revision Case No. 4 of 1986. 2. It appears that 0.52 acres of land belonging to late Mir Basharatullah, the father of the petitioner in plot No.1363 of mouza Faid....... - These three Rules are heard together and are disposed of by this Judgement as they arise out of the same judgement passed by the Member. Arbitration Appellate Tribunal and Dis­trict Judge, Dhaka in Arbitration Appeal Nos.1/87 and 2/87 allowing in part and modifying the Award passed by the Arbit......stice calling for our interference by this Court in these cases. Consequently these Rules are discharged without any order as to costs. Ed. This Case is also Reported in: 42 DLR (HD) (1990) 66. ..

Category: Alternative Dispute Resolution | Date: | Hits: 280

Muktar Hussain Khan Vs. Suresh Chandra Dey & Others, 1989, 18 CLC (HCD)

....if Burichang in Title Suit No.3 of 1985. 2. The aforesaid Title Suit was brought for Specific Performance of Contract requiring defendant No.1 Gouranga Kunda to execute a kabala in respect of suit land in pursuance of a Bainapatra executed by him for the sale of the said land. It was the case of ....... Ed. This Case is also Reported in: 42 DLR (HD) (1990) 86. ...... provision of Order 41, rule 27 of the Code of Civil Procedure. The Rule is, therefore, made absolute without any order as to costs. Ed. This Case is also Reported in: 42 DLR (HD) (1990) 86. ..

Category: Civil Law | Date: | Hits: 133

Conforce Limited Vs. Titas Gas Transmission and Distribution Co. Limited & another, 1989, 18 CLC (HCD)

.... gaseous substances distributed by the Re­spondent No.1 by operation of Article 143 of the Constitution which provides as follows:- "(1) There shall vest in the Republic, in addition to any other land or property lawfully vested— (a) all minerals and other things of value underlying any lan......costs. The stay order granted by this Court earlier is vacated. Ed. This Case is also Reported in: 42 DLR (HCD) (1993) 33. ....... In the result, the Rule is discharged without any order as to costs. The stay order granted by this Court earlier is vacated. Ed. This Case is also Reported in: 42 DLR (HCD) (1993) 33. ..

Category: Others | Date: | Hits: 227

Abdul Khaleque & others Vs. Siddiqur Rahman & others, 1987, 16 CLC (HCD)

....nst the defendant No.1 Respondent No.12, defendant No.2, Respondent No.13 and the present appellants who were defendant Nos. 22, 21, 20, 16 and 14 respec­tively for declaration of their title in the land in suit on the basis of lease, settlement and purchase in which they asserted their possession ......ompany Ltd. Vs. Apear Collieries Ltd. and others, 1926 Cal 412, Haridas Sadhu Khan Vs. Iswar Ratneswar and others, 1933 Cal. 94; Ramnarayana Rao Vs. Ramkrishna Rao and another 1936 Mad. 358, Jarnail Singh Vs. Mst. NarainKaur and others, 1936 Lah. 766, Mst. Kalpa Vs. Sita Ram and another 1955 All 187......e above discussion, I do not find any substance in this appeal. I dismiss the appeal. However, there will be no order as to costs. Ed. This Case is also Reported in: 42 DLR (HCD) (1993) 29. ..

Category: Property Law | Date: | Hits: 109

Abdul Sattar & another Vs. Osimuddin & others, 1988, 17 CLC (HCD)

....o this present pre-emption case under sec­tion 96 of the State Acquisition and Tenancy Act. 3. The petitioner’s case in short is that oppo­site party No.2 was an SA recorded tenant of the case land in plot No.314 of Mauja Sadish. The plot No.312 was owned and possessed by the petitioners O.P.......as to costs. Ed. This Case is also Reported in: 42 DLR (HCD) (1993) 24. ......deposited by the petitioner Tasimuddin in this pre-emption case. In the result the Rule is discharged. I make no order as to costs. Ed. This Case is also Reported in: 42 DLR (HCD) (1993) 24. ..

Category: Property Law | Date: | Hits: 100

Rafiqul Islam & another Vs. Abul Kalam & others, 1988, 17 CLC (HCD)

....Case and of restoration of Other Suit No.20 of 1980. 2. The opposite parties Nos.1 to 3 filed Other Suit No.20 of 1980 against the petitioners and oth­ers for declaration of title to the disputed land and pond on various pleas. The petitioners contested the suit as defendant Nos.1 and 2 filing t......ers Involved: Nurul Islam Chowdhury, Advocate-For the Petitioners. No one-For the Opposite Parties. Civil Revision No. 81 of 1985. Judgment AM Mahmudur Rahman J. - The petitioners obtained this Rule against the order of the learned Munsif, Mirersarai Upazila, Chittagong setting aside......le is discharged with­out any order as to costs and the suit is restored to its file and number and the order impugned is af­firmed. Ed. This Case is also Reported in: 42 DLR (HCD) (1993) 19. ..

Category: Criminal Law | Date: | Hits: 85

Saidur Rahman Vs. State, 1992, 21 CLC (HCD)

....nd needs to be condoned. But while leaving, the Martial Law does not leave a trail and it is good as long as it lasts, but with its departure it no longer casts a shadow upon the ordinary laws of the land. Here in this case the proceedings was earlier pending before the Summary Martial Law Court and...... purpose of disposal of the case. Let the lower Court records be sent down at once. Ed. This Case is also Reported in: 49 DLR (HCD) (1997) 206. ......e record by that Court from this Court for the purpose of disposal of the case. Let the lower Court records be sent down at once. Ed. This Case is also Reported in: 49 DLR (HCD) (1997) 206. ..

Category: Criminal Law | Date: | Hits: 98

Gias Uddin Vs. Dhaka Municipal Corpora­tion and others, 1996, 25 CLC (HCD)

.... may be interpreted in the facts and circumstance of a case, to mean right to accommodation without which human life cannot be protected. But that does not mean do one who is a mere trespasser in the land or property of another person is entitled to continue in such unauthorized occupation as his ev...... this Rule. In the result, the Rule is discharged without any order as to costs. Ed. This case is also Reported in: 49 DLR (HD) (1997) 199. ......acts and circumstances of the case we find no merit in this Rule. In the result, the Rule is discharged without any order as to costs. Ed. This case is also Reported in: 49 DLR (HD) (1997) 199. ..

Category: Constitutional Law | Date: | Hits: 369

Abdul Jalil Shah and another Vs. Rahima Khatun and others, 1998, 27 CLC (HCD)

....10-2/7 pies share in the property measuring an area of 0.58 acre appertaining to CS Khatian No.250 of Mouza Nishindara under PS and District Bogra claiming themselves to be the co-sharers of the said land contending, inter alia; that the said land originally belonged to the predecessor of the plaint......h, Advocate — For the Opposite Parties. Civil Revision Case No. 466 of 1996. Judgment Mahfuzur Rahman J.- This Rule under section 115 of the Code of Civil Procedure is directed against an order passed by Subordinate Judge and Artha Rin Adalat, Bogra on 30-11-95 in Partition Suit ...... 6 months only and Azizuddin Shah’s wife took shelter in her sister’s residence at Khamargari with the baby and she was living there. Thereafter she was married and that the plaintiff claimed her ejmali possession and filed the suit. 3. The defendant-petitioners contested the suit by filin..

Category: Civil Law | Date: | Hits: 154

Abdul Qayum Vs. Secretary, Ministry of Home Affairs, Government of Bangladesh and others, 1991, 20 CLC (HCD)

....‑F) was also impugned. This was, however, later on modified by a Rule issued on 3.6.91. 2. The petitioner's case as stated in the petition is that the petitioner is the owner and possessor of land through inheritance along with other co‑sharers which appertains to plot Nos. 3066 and 3069 o...... The Rule is accordingly made absolute without any order as to costs. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 340.......citizenship or he owned allegiance to any other country. The Rule is accordingly made absolute without any order as to costs. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 340...

Category: Immigration and Citizenship Law | Date: | Hits: 178

Sena Kalayan Sangstha Vs. Haji Sufi Fazal Ahmed and others, 2004, 33 CLC (HCD)

....138 of 1990 affirming those dated 31.5.1990 passed by the Subordinate Judge, First Court, Chittagong in Other Suit No.124 of 1987. 3. The suit was for a decree only for khas possession of the suit land together with two storied building standing thereon stating, inter alia, that the plaintiff, th......………………..Appellant (In Civil Appeal No. 45 of 1993) Chairman, Sena Kalayan Sangstha……………………..Appellant (In Civil Appeal No. 86 of 1997) Vs. Haji Sufi Fazal Ahmed being dead his heirs: Mr. Nagar Mohiuddin and others………………………..Respondents (In both ......o not find any substance in the submission for the learned Counsel of the appellants. The appeals are accordingly dismissed without any order as to costs. Ed. This Case is also Reported in: ..

Category: Property Law | Date: | Hits: 111

Islamia Automatic Rice Mills Ltd. Vs. Bangladesh Shilpa Rin Sangstha and others, 2002, 31 CLC (HCD)

.....3, gave his opinion to the effect that BSRS should deliver the machinery to the buyer as soon as possible. He further opined that Article 34 proceeding regarding the sale and transfer of the project land and building, etc should be kept in abeyance for some time and in the meantime, steps should be......e petitioner to the respondent No.3 within 3(three) months from date. Ed. This Case is also Reported in: 55 DLR (HCD) (2003) 463. ...... is discharged with a cost at Taka 25,000 to be paid by the petitioner to the respondent No.3 within 3(three) months from date. Ed. This Case is also Reported in: 55 DLR (HCD) (2003) 463. ..

Category: Civil Law, Contempt of Court Law | Date: | Hits: 417

Capital Properties Ltd. Vs. Government of Bangladesh and others, 1991, 20 CLC (HCD)

....r. 3. The short facts, for the purpose of disposal of this Rule, can be stated as follows: Property described in CS Dag No.565 of Mouza Tejkunipara in the city of Dhaka has 84.09 acres of land and commonly referred to as Motijheel. The erstwhile Government of East Pakistan acquired part ......43 DLR (HCD) page 204; ILR 3 Mad (PC) page 384; AIR 1945 Cal. 492; AIR 1946 PC 103; 1984 BLD (AD) 285; PLD 1966 SC 684; AIR 1939 All. 633; AIR 1954 Mad. 848; AIR 1939. Lawyers Involved: Moinul Huq, Advocate ‑For the Petitioner. Kaiseruddin Ahmed, Deputy Attorney General ‑ For t......the learned subordinate Judge is a perfectly valid order. In the result, the Rule is discharged without any order as to costs. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 308...

Category: Procedural Law | Date: | Hits: 113

Mostafizur Rahman Vs. Bangladesh and others, 1991, 20 CLC (HCD)

.... will be enough and for that the detention cannot be a substitute for that. It has been the further case that the interview given to the BBC as mentioned in ground No.1 did not violate any law of the land which would be evident from the plain reading as on the ground, nor had it anything to do with ......ad as if those names were never mentioned and no such imputation made. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 312.......and the affidavit­-in‑opposition would be corrected and read as if those names were never mentioned and no such imputation made. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 312...

Category: Criminal Law | Date: | Hits: 113

Abdul Gafur Sikder Vs. Mst. Shafia Khatun & others, 1989, 18 CLC (HCD)

....al plaintiff Sekander Ali died and the opposite parties were substituted as his heirs and legal representatives in his place. 3. The plaintiffs case, in short, is that he was owner of the disputed land described in Schedule 'Ka' to the plaint and in 1391 B.S. he expressed his will­ingness to tra...... to costs. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 500.......er of the learned Assistant Judge is restored. In the facts and circumstances of the case, however, there will be no order as to costs. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 500...

Category: Property Law | Date: | Hits: 136

Syed Alim Mansur Vs. Registrar, Joint Stock Compa­nies, 1989, 18 CLC (HCD)

....ittagong. The objects for establishment of the company were, among others, to culture, develop and process all kinds of fish marine products and sea foods of any nature or type whatsoever whether in­land, off-shore or in the high seas within the eco­nomic zone of Bangladesh and within such permiss......order. The Company shall bear the cost of this appli­cation. Ed. This Case is also Reported in: 42 DLR (HCD) (1993) 43. ......y is to file the receipt of payment one week before drawing up of the order. The Company shall bear the cost of this appli­cation. Ed. This Case is also Reported in: 42 DLR (HCD) (1993) 43. ..

Category: Company Law | Date: | Hits: 191

Suresh Majumder and Others Vs. Government of Bangladesh & Others, 1998, 27 CLC (HCD)

....tle suit No.41 of 1976 in the Second Court of Subordinate Judge, Bakerganj impleading opposite party Nos.13-16 as defendants praying for a declaration of their rayati rights and title in the disputed land. It is asserted by the plain­tiffs that they are recorded owner in possession of the property ......order as to costs. Ed. This Case is also Reported in: 42 DLR (1990) 10. ...... the category of defendants and accordingly the plaint may be amended. Accordingly the Rule is disposed of without any order as to costs. Ed. This Case is also Reported in: 42 DLR (1990) 10. ..

Category: Procedural Law | Date: | Hits: 82

State Vs. Md. Sirajul Islam and others, 2012, 41 CLC (HCD)

....rs misunderstanding crept up amongst them which turned into a strained relation between the families of Aktar Hossain and Siraj. Even while Aktar Hossain was constructing his building on his paternal land, adjacent to Siraj’s building, Siraj and his sons broke down the pillars of Aktar Hossain’s......py of this judgment and order be sent to the concerned Court below for information and necessary action at once. Ed. This Case is also Reported in: ......4. Let the Lower Court Records along with a copy of this judgment and order be sent to the concerned Court below for information and necessary action at once. Ed. This Case is also Reported in: ..

Category: Criminal Law | Date: | Hits: 105