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Bangladesh Society for the Enforcement of Human Rights (BSEHR) and Others Vs. Government of Bangladesh and others, 2000, 29 CLC (HCD)

....taking measures to harass the women in prostitution and their children and to treat them as unwanted in the society hounding them from their peaceful occupation of house/rooms rented by them from the owners of the buildings. They regularly pay rent to the landlords as well as a large amount of money....... ...... Let a copy of this judgment be sent to the Hon’ble Minister, Ministry of Home Affairs and Director General, Department of Social Services. Ed. This Case is also Reported in: 53 DLR (2001) 1. ..

Category: Constitutional Law | Date: | Hits: 264

Shaid Hamid and another Vs. Nilufar Momtaz and others, 2009, 38 CLC (AD)

....No.6 directing the writ-petitioner to vacate the case flat was issued with lawful authority; that according to Annexure-2(b) of the affidavit-in-opposition filed by the writ-respondent No.8 he is the owner of the suit property and being a citizen of Bangladesh he has constitutional right to protect ......010) 130. ......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 MLR (AD) (2010) 130. ..

Category: Property Law | Date: | Hits: 26

Abul Hashem Vs. International Oil Mills Limited, 2009, 38 CLC (AD)

....n-opposition denied the material allegations made in the writ petition contending, inter alia, that the respondent No.1, M/S Amin Agency Limited, held the land in question under annual lease from the owner of the property i.e. the Chittagong Port Authority, (respondent No.4) and as such the responde......J Mr. Abul Hashem .......................Petitioner (In Civil Petition No. 2324 of 2008) Vs. International Oil Mills Limited represented by its Managing Director, North Patenga, Bandar, Chittagong and others .........Respondents (In Civil Petition No. 2324 of 2008) Bangla......es on premium to be paid and on other related matters. Civil Miscellaneous Petition is also disposed of in terms of this judgment. Ed. This Case is also Reported in: 15 MLR (AD) (2010) 117. ..

Category: Property Law | Date: | Hits: 33

A. K.M. Hasanuzzaman Vs. Abdur Rab Chowdhury and others, 2010, 39 CLC (AD)

.... was insured, was not impleaded in the claims case, the case ought to have been dis­missed. But it was pointed out that it is on evidence that the claimant asked for the name of the insurer from the owner of the bus but without any response, and that the name of the insurance company was not even m......hammad Fazlul Karim CJ Md. Abdul Matin J ABM Khairul Haque J Md. Muzammel Hossain J Surendra Kumar Sinha J A. K.M. Hasanuzzaman.............Petitioner Vs. Mr. Abdur Rab Chowdhury and others…….. Respondents Judgment February 14, 2010. Lawyers Involved: Mahbubey Al...... miscellaneous appeal. Under such circumstances, this petition does not merit consideration. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: VII ADC (2010) 437. ..

Category: Civil Law | Date: | Hits: 96

Md. Farid Khan Vs. Md. Delower Hossain and others, 2010, 39 CLC (AD)

....ted 17.12.2008, passed by the High Court Division in Civil Revision No.371 of 2000, in making the Rule absolute and dismissing the suit. 2. The facts of the case in short are that the admitted owner of the suit property was one Jobbar Sarder. He transferred it in favour of the father of the p...... ABM Khairul Haque J Md. Muzammel Hossain J Surendra Kumar Sinha J Md. Farid Khan…………………….................Petitioner Vs. Md. Delower Hossain and others…..........Respondents Order March 14, 2010. Lawyers Involved: ......rity of Tk.1000/- is to be deposited within 1 (one) month. Preparation of the paper-book is dis­pensed with as prayed for. Ed. This Case is also Reported in: VII ADC (2010) 425. ..

Category: Property Law | Date: | Hits: 23

Md. Asheque Ali Vs. Md. Shamsul Hoque Sarder and others, 2010, 39 CLC (AD)

.... Senior Assistant Judge, Sundargonj, Gaibandha, for specific performance of contract in respect of the suit land. The plaintiffs case, inter alia, is that the defendant's father Obaidul Haque was the owner in possession in the suit property, who pro­posed to sell the said land the plaintiffs. On 15...... Md. Abdul Matin J ABM Khairul Haque J Md. Muzammel Hossain J Surendra Kumar Sinha J Md. Asheque Ali...........Petitioner Vs. Md. Shamsul Hoque Sarder and others…........Respondents Judgment February 15, 2010. Lawyers Involved: ......low. Considering the facts and circum­stances of the matter, we find no merit in this petition, which is accordingly dis­missed. Ed. This Case is also Reported in: VII ADC (2010) 418. ..

Category: Property Law | Date: | Hits: 17

Saleh Ahmed Vs. Sreemati Rani Prava Mitra and others, 2010, 39 CLC (AD)

.... sold in total 0.09 acres of land to Moni Baloa by another registered kabala dated 22.05.1947. Jogendra Lal sold the remaining 0.08 acres of land to Rani Bala, the defendant No.1. Moni Bala being the owner of the said 0.09 acres of land by purchase and in possession, trans­ferred the same in favour......ate Division (Civil) Present: Mohammad Fazlul Karim J Md. Abdul Matin J ABM Khairul Haque J Saleh Ahmed…………..................Petitioners Vs. Sreemati Rani Prava Mitra and others…………......Respondents Judgment January 26, 2010. Lawyers Involved: Abd......ch circumstances, the con­tentions raised on behalf of the petitioner, has got no substance. In the result, the petition is dismissed. Ed. This Case is also Reported in: VII ADC (2010) 408. ..

Category: Limitation Law | Date: | Hits: 181

Golam Mostafa Bhuiyan Vs. Abu Taher and others, 2009, 38 CLC (AD)

....nds transferred under section 96 of the State Acquisition and Tenancy Act. Petitioner's case in short is that Rashed Miah Bhuiyan, Tanu Miah Bhuiyan, Abdur Razzaque, sons of Soa Miah Bhuiyan were the owners of lands in D.S. Khatian No. 657 corresponding to M.R.R. khatian No.729 of mouja 314 Kasherpa......late Division (Civil) Present: Md. Tafazzul Islam J Md. Abdul Aziz J SK Sinha J Golam Mostafa Bhuiyan…………....Petitioner Vs. Abu Taher and others……………Respondents Judgment August 18, 2009. Lawyers Involved...... transferred. I find no merit in this petition. This Civil Petition for Leave to Appeal No.1442 of 2008 is therefore dismissed. Ed. This Case is also Reported in: VII ADC (2010) 400. ..

Category: Property Law | Date: | Hits: 33

Shahin Mia Vs. Parul Begum wife of Ibrahim and others, 2009, 38 CLC (AD)

....ter  Maleka Begum died leaving behind one son Abdul Hossain, father of plaintiff No. 5, who died leaving behind plaintiff Nos. 3-5 as his sons and daughter and thus the plaintiff Nos. 1-4 became the owners of .27 decimals of land in the suit plot by way of purchase and by inheri­tance. It is furth......il) Present: MM Ruhul Amin CJ Shah Abu Nayeem Mominur Rahman J BK Das J Shahin Mia…………….….......Petitioner Vs Parul Begum wife of Ibrahim and others…………….....Respondents Order December 17, 2009. Lawyers Invo...... in accor­dance with the Rules. The order of stay granted earlier by this Division shall continue till disposal of the appeal. Ed. This Case is also Reported in: VII ADC (2010) 394. ..

Category: Property Law | Date: | Hits: 43

Riaz Uddin Ahmed Vs. Khondakar Khorshed Ali, 2010, 39 CLC (AD)

....plaint and claiming the suit land by purchase and that he filed the Other Class Suit No. 142 of 1977 for cor­recting the record of right, since in the record the name of one Azim Munshi was shown as owner-possessor of 3.82 acres of land mistakenly, asserting, amongst oth­ers, that the plaintiff ha......Karim J Md. Abdul Matin J Md. Muzammel Hossain J Surendra Kumar Sinha J Riaz Uddin Ahmed…………………...Petitioner Vs Khondakar Khorshed Ali alias Khandaker Khorshed Ali being dead his heirs 1(a) Khandaker Mosiur Rahman (Khalil) and others………....... and claiming the suit land by purchase and that he filed the Other Class Suit No. 142 of 1977 for cor­recting the record of right, since in the record the name of one Azim Munshi was shown as owner-possessor of 3.82 acres of land mistakenly, asserting, amongst oth­ers, that the plaintiff has no r..

Category: Property Law | Date: | Hits: 21

Muhammad Ali Vs. Mrs. Khaleda Rahman and others, 2009, 38 CLC (AD)

....nior Assistant Judge, First Court, Dhaka, rejecting the prayer for pre-emption in Pre-emption Miscellaneous Case No.80 of 1991. 2. The facts in short are that one Syed Mozammel Hossain was the owner of 18J/2 decimals of land in C.S. and S.A. Plot No. 841 and one decimal in C.S. and S.A. Plot ...... Present: Mohammad Fazlul Karim J Md. Joynul Abedin J ABM Khairul Haque J Muhammad Ali ....................................Appellant Vs. Mrs. Khaleda Rahman and others...........Respondents Judgment August 17, 2009. Lawyers Involved: ......ourt and restored that of the Trial Court. Under such circumstances, this appeal is dismissed but without any order as to cost. Ed. This Case is also Reported in: VII ADC (2010) 382. ..

Category: Property Law | Date: | Hits: 27

Moulvi Abdul Qudus Vs. Bangladesh, 2009, 38 CLC (AD)

....and under Karimpur Mouza including 50 decimal of land in suit recorded previously in Khatian No.1 of Plot No.4237 under Jagatpur Mouza of the previously District Noakhali at present Feni and while as owner in khas leased out the same to one Nurul Huq Meah and Basirullah by registered kabuliyat dated...... Supreme Court Appellate Division (Civil) Present: Mohammad Fazlul Karim J Md. Tafazzul Islam J Moulvi Abdul Qudus being died his legal heirs Md. Nurul Abser and others........Petitioners Vs. The Government of the People's Republic of Banglades...... Nos.4-37 measuring 50 decimal being the part and parcel of 208 decimal of land was, accreted land from the recess of the river, the land was covered by the river and government is the sole owner and possessor of the land. The predecessor of interest of the plaintiff paid no rent and were not recogn..

Category: Property Law | Date: | Hits: 24

State Vs. Md. Chowdhury Alam, 2009, 38 CLC (AD)

...., his son-in-law Selim Miah, brother-in-law Rahmat Ali Labu, his brother Khorshed Alam Mintu, his nephew Zumman, his two sisters namely, Samsun Nahar and Noor Nahar. But the respondent himself is the owner of the said property of Tk.9,75, 26,646/- which he has been holding in the name of his relativ......g rise to the present petition are as under:- The respondent surrendered before the Court of Chief Metropolitan Magistrate, Dhaka in connection with Ramna P.S. Case No. 53(12)206 on 22.02.2007 and the Court of Chief Metropolitan Magistrate, Dhaka vide order dated 22.02.2007 sent him to custod......nd the appeal being still pending this Court is not inclined to inter­fere at this stage and accordingly the peti­tion is dismissed. Ed. This Case is also Reported in: VII ADC (2010) 346. ..

Category: Others | Date: | Hits: 98

Mrs. Bakul Akter Vs. Bangladesh and others, 2010, 39 CLC (AD)

....cate-on-Record, and perused the Order passed by the High Court Division and the Artho Rin Adalat. 6. A company incorporated under the Companies Act is a juristic person. A share­holder is not the owner of the company or its assets. The company itself owns its properties. A share-holder is only e...... (Civil) Present: Mohammad Fazlul Karim CJ Md. Abdul Matin J ABM Khairul Haque J Md. Muzammel Hossain J Mrs. Bakul Akter………………………Petitioner Vs. Bangladesh and others……………………….Respondents Judgment March 10, 2010. Lawyers Involved...... that case she will be liable. With these observations, this petition is dismissed. Ed. This Case is also Reported in: 18 BLT (AD) (2010) 282, 7 LG (AD) (2010) 101, 31 BLD (AD) (2011) 33. ..

Category: Banking Law | Date: | Hits: 77

Government of Bangladesh and others Vs. Azema Khatun, 2009, 38 CLC (AD)

....nd that said Samsuddin Mondal. the pattan holder, while thus possessing and enjoying usufructs therefrom sold the said land to the writ petitioner by regis­tered sale deed dated 20.04.1968 and being owner as aforesaid the writ petition­er got her name mutated and obtained the R.S. Khatian No.2/1 p......) Present: MM Ruhul Amin CJ Mohammad Fazlul Karim J Md. Joynul Abedin J Md. Abdul Matin J Shah Abu Nayeem Mominur Rahman J Government of Bangladesh and others…………………Appellants Vs. Azema Khatun………….........Respond...... that the gazette notification dated 18.11.1961, so far relates to the suit land, is without law­ful authority, are hereby set aside. Ed. This Case is also Reported in: VII ADC (2010) 339. ..

Category: Property Law | Date: | Hits: 21

Abdur Razzak and others Vs. Md. Habejuddin and others, 2010, 39 CLC (AD)

....aggrieved, the defendant Nos.1 to 5 preferred the first appeal. On the dis­missal of the appeal, this petition for leave to appeal has been filed. 5. It appears that admittedly Samiruddin was owner of 14.22 acres of the suit-land in C.S. Khatian No.22 which was record­ed in his name. He die......il) Present: Mohammad Fazlul Karim CJ Md. Abdul Matin J BK Das J ABM Khairul Haque J Md. Muzammel Hossain J Surendra Kumar Sinha J Abdur Razzak and others….............Petitioners Vs. Md. Habejuddin and others….........Respond......e High Court Division is set aside with the above directions. Accordingly, the petition for leave to appeal is disposed of. Ed. This Case is also Reported in: VII ADC (2010) 336. ..

Category: Property Law | Date: | Hits: 19

Baby Food Products Ltd. Vs. Nabisco Biscuit & Bread Factory Ltd., 2009, 38 CLC (AD)

....mers the prop­erty of the respondent and the same has become integrated with the business of the respondent, in fact, the aforesaid trade mark has assumed the property of a great significance to the owner of the trade mark. 6. The petitioner being a clever person imitated the trade mark of the r...... Shah Abu Nayeem Mominur Rahman J Baby Food Products Ltd., 4, Aga Nawab Dewry, Dhaka…..........Petitioner Vs. Nabisco Biscuit & Bread Factory Ltd., 262, Tejgaon Industrial Area Dhaka and another .........Respondents Judgment July 16, 2009. Lawyers Involved: Rokouddin Ma......ew our judgment already passed. In such view of the matter we find no substance in this review petition which is accordingly dismissed. Ed. This Case is also Reported in: VII ADC (2010) 320. ..

Category: Intellectual Property Law | Date: | Hits: 273

Mayeen Uddin Ahamad Vs. Abdur Rashid Sk., 2010, 39 CLC (AD)

....ate appearing on behalf of the peti­tioners, submits that the lower Appellate Court which is the last Court of facts on consideration of evidence adduced on behalf of both the parties found that the owner of the suit-land was Osman Miah and not Osman Gani. This finding of the Appellate Court, he su...... Surendra Kumar Sinha J Mayeen Uddin Ahamad being dead his legal heirs 1(Ka). Nargis Jakil others…....Petitioners Vs. Abdur Rashid Sk. being dead his heirs Zamina Khatun and others......Respondents Judgment February 16, 2010. Lawyers Involved: ......le Appeal No. 89 of 2001, and dismissed the suit, as such, this petition merits no consideration and accordingly, it is dismissed. Ed. This Case is also Reported in: VII ADC (2010) 318. ..

Category: Property Law | Date: | Hits: 21

Musammat Afroza Haque Vs. Miss Rowshan Ara Begum and others, 2009, 38 CLC (AD)

....1 share of tin shed house, 29 Bandh and 35 Bandh each and also in respect of 4(four) annas share of a 1200 square feet building pressing into service basic contentions that Dr. Md. Yasin having being owner of 8(eight) annas share in Plot No.982 transferred the same in favour of Shamsuddin Mollah by ......d. Abdul Matin J Shah Abu Nayeem Mominur Rahman J BK Das J Md. Muzammel Hossain J Musammat Afroza Haque…………...Petitioner Vs. Miss Rowshan Ara Begum and others…..........Respondents Judgment August 23, 2009. Lawyers Involved: ......ion which call for no interfer­ence by the Court. We find no substance in this review petition which is accordingly dismissed. Ed. This Case is also Reported in: VII ADC (2010) 314. ..

Category: Property Law | Date: | Hits: 22

Elahi Mondal Vs. Juran Mondal and others, 2009, 38 CLC (AD)

....ff in the suit land he is compelled to file the instant suit. 4. The petitioner as defendant No.1 con­tested the suit by filing written statement stating, inter alia, that Rahim Sheikh, being owner in the land of both the schedules died leaving behind only son Mahtab Sheikh and he orally set...... Md. Abdul Matin J Shah Abu Nayeem Mominur Rahman J BK Das J Md. Muzammel Hossain J Elahi Mondal……………….......Petitioner Vs. Juran Mondal and others…………....Respondents Judgment August 23, 2009. Lawyers Involve...... a tenant; that subsequently said Barkatullah transferred his instrest in the said land to Yousuf Ali Biswas by execut­ing a registered patta dated 16.07.1952; that Yousuf Ali Biswas being owner and possessor of the said land transferred to Rajab Ali Kazi and Maksed Ali Kazi by registered sale deed..

Category: Property Law | Date: | Hits: 20