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Badiul Alam Vs. Md. Nurul Islam, 2002, 31 CLC (HCD)
....aneous Appeal No.386 of 1975 are set aside and that of the learned trial Court are allowed in the light of the observation made above. Ed. This Case is also Reported in: 55 DLR (HCD) (2003) 517.......learned Assistant Judge, Fatikchari, Chittagong passed on 18‑7‑1975 in Miscellaneous Case No.38 of 1970 allowing pre‑emption. 2. The petitioner's predecessor sought pre-emption of the case land alleging, inter alia, that he is a co-sharer in the case holding by way of purchase on the basi..Category: Property Law | Date: | Hits: 132
Haripada Mandal Vs. Bidhan Chandra Mondal, 2002, 31 CLC (HCD)
....ances of the case I direct the parties to bear their respective costs. Copy of this Judgment be transmitted to the Court concerned. Ed. This Case is also Reported in: 55 DLR (HCD) (2003) 515....... and those are: a) First opposite party as pre‑emptor exercised his right of pre‑emption under section 96 of the Act against pre-emptee petitioner on presentation of a petition in respect of land described in schedule to petition in the Court of Senior Assistant Judge, Khoksha, Kushtia. Pet..Category: Procedural Law | Date: | Hits: 104
....annel No.1 (Dhaleshwari 1) having increased substantially due to siltation at river mouths of both the channels of Dhaleshwari 1 and 2 and in consequence of decrease of pile friction, differential settlement took place at the base of pier No.4 for which remedial measures were taken by dumping hu......nvoke writ jurisdiction. However, if the contract is rooted in any statute for enforcement of the same writ jurisdiction can, of course, be invoked such as the lease of haat, bazar, fishery, khash land, etc or if there is any international contract. Even in case of a private contract being a tra..
Category: Others | Date: | Hits: 207
Dr. MB Rahman Vs. Deputy Commissioner of Taxes, 1986, 15 CLC (HCD)
....herefore, is sustained. In the result the Rule is discharged but without any order as to costs. AM Mahmudur Rahman J. - I agree. Ed. This Case is also Reported in: 39 DLR (HCD) (1987) 33. ......the petitioner Dr. M. B. Rahman bearing I.R. No.7633/TC-VI. 2. Shortly stated the facts of the case are that the petitioner who is an income-tax assessee and a retired Government official sold his land with some structures at Banani Model Town and applied for gain tax clearance certificate to r..Category: Fiscal/Taxation Law | Date: | Hits: 170
Rehanuddin & others Vs. Abdul Hakim Maser and others, 1986, 15 CLC (HCD)
....cted to hear and dispose of the application under section 151 C.P.C. on merits after giving the parties opportunity to adduce evidence. Ed. This Case is also Reported in: 39 DLR (HCD) (1987) 21.......s plaintiff instituted the suit against the petitioners (defendants Nos.24, 25 and 56) opposite party No.1 and opposite parties 3 to 61 as defendants for partition for getting a specific saham of the land out of the suit land. The defendants Nos. 23, 26, 28, 29, 30, 35 and 40 contested the suit by f..Category: Procedural Law | Date: | Hits: 106
....inable.
In the result, the Rule is made absolute without any order as to costs and the orders of the Courts below are set aside.
Ed.
This Case is also Reported in: 39 DLR (HCD) (1987) 19.
......not vested and non-resident property and the plaintiff acquired title by adverse possession. His case in short was that Kali Prasana Das (Borada Chandra Das and Anil Charan Das sold .61 decimals of land to Jainal Abedin at a price of Tk.1250/- and on receipt of Tk.1000/- executed a bainapatra on 7..
Category: Procedural Law | Date: | Hits: 139
Joinal Abedin Jamal and others Vs. Noor Afza, 2010, 39 CLC (HCD)
....itions are fulfilled they are: (i) The objection was taken in the Court of first instance (ii) it was taken at the earliest possible opportunity and in case where issues are settled at or before such settlement; and (iii) there has been a consequent failure of justice. But the appellants have misera......side the arbitral award dated 11-6-2003 passed by the sole Arbitrator. Facts necessary for the disposal of this appeal in short are that the appellants being owners of, approximately, 18.40 kathas of land, comprising of Dhaka City Corporation holdings No.80, 80/1, 80/2 and 80/3, Nowabpur, within Sut..Category: Alternative Dispute Resolution | Date: | Hits: 251
Hajee Abdul Latif Vs. Abdul Huq & others, 1991, 20 CLC (HCD)
....assment and expenses to the defendant. For the reasons stated above, this Rule is discharged without any order for costs. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 601. ......3 others filed Title Suit No.210 of 1981 in the First Court of Munsif, Dhaka for permanent injunction against this petitioner and 2 others as defendants. 3. The plaintiffs case is that the suit land originally belonged to Sk. Munshi and Bahar Ali in 8 annas share each. After their death the ..Category: Civil Law | Date: | Hits: 166
Anowar Hossain & others Vs. Abul Hossain Molla & others, 1991, 20 CLC (HCD)
....side and those of the decree and judgment passed by the trial Court are restored. In view of this fact I make no order as to cost. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 597.......ing the Judgment and decree passed by Munsif, Goalundo in TS No. 84 of 1968. 2. Plaintiff‑Appellant filed this suit for a declaration of title and confirmation of possession in respect of the land described in the schedule of the plaint. The case as set up in the plaint may briefly be stated..Category: Property Law | Date: | Hits: 122
....aintainability of this writ petition.
For the above discussion, this application is rejected summarily without any order as to costs.
Ed.
This Case is also Reported in: 48 DLR (HCD) (1996) 94.......84 under section 95A of the State Acquisition and Tenancy Act, 1950 before the Local Thana Magistrate, the Respondent 4, for redemption of the disputed property on the ground that the transfer of the land was a complete usufructuary mortgage. The Respondent 4 on contest allowed the same by his order..
Category: Property Law | Date: | Hits: 95
....gards demolition of the structures raised by the defendants.
The Rule is accordingly disposed of. There shall be no order as to costs.
Ed.
This Case is also Reported in: 39 DLR (HCD) (1987) 8.......f Act.
2. One Gopal Chandra Dey, predecessor of the opposite parties sued the petitioners for a decree under section 9 of the Specific Relief Act alleging that he was in possession of the disputed land bat the defendants forcibly dispossessed him therefrom in the last part of Kartick, 1375 B.S...
Category: Property Law | Date: | Hits: 119
Misir Ullah (Md) Vs. Syed Khalilullah Malek others, 1995, 24 CLC (HCD)
....ase is sent back to the District Judge Moulvi Bazar for re‑consideration and the Rule is made absolute without any order as to costs. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 117.......Dargah Committee consisting of the plaintiffs as current members thereof to continue in control and management of the Dargah Sharif of Hazrat Sayd Shah Mostafa and adjacent thereto constituted of the lands described in the schedule of the plaint." 3. The case of the plaintiffs is that the land, m..Category: Trust/Waqf Law | Date: | Hits: 181
Moudud Ahmed Vs. State, 1995, 24 CLC (HCD)
....cisions which I have referred in my Judgment. In the result, I discharge this Rule. The prayer for certificate to appeal is refused. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 108.......sector violating the Rules of the Dhaka Improvement Trust (DIT). it was further stated that the petitioner requested the then Works Minister Md. Shafiqul Ghani to consider payment of the price of the land at 12 equal half yearly installments without interest. The President illegally ordered for allo..Category: Criminal Law | Date: | Hits: 111
Ajit Kumar Sarkar and others Vs. Radhakanta Sarkar and others, 1992, 21 CLC (HCD)
....e Penal Code pending against the accused‑petitioners in the court of the Upazila Magistrate Paikgacha, Khulna, is hereby quashed. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 533....... case are, that the opposite party No.1 being complainant instituted the aforesaid complaint case in the court of the Upazila Magistrate, Paikgacha, on the allegations that he took lease of the case, land from one Amodini Dashi by an amalnama dated 7th Chaitra, 1356 BS and has been possessing the sa..Category: Criminal Law | Date: | Hits: 142
Nurul Huda Vs. Bahar Uddin & others, 1989, 18 CLC (HCD)
....of the Code in the then East Pakistan Act No. XXXVI of 1957, noted above, may take appropriate steps in the matter, if it so desires. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 395. ......n Case No.47(d)/82 preferred against the order dated 9.11.82 passed by Mr. Tayabur Rahman, Magistrate, 1st Class, Hatiya declaring the possession of the opposite party Nos.1 and 2 in the proceeding land in N.G.R. Case No.14/78 under section 145 of the Code of Criminal Procedure. 3. Both the pet..Category: Criminal Law | Date: | Hits: 158
MA Jahangir & another Vs. Abdul Malek & others, 1989, 18 CLC (HCD)
....e reasons stated above, I do not find of the any substance in this Rule. The Rule is discharged. There will be no order as to costs. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 389. ......lication for amendment was filed on 4.11.1985, in view of the disclosure of facts in the written statement filed on 4.3.1985 to the effect that the suit property includes also 13 decimals of gifted land appertaining to Mogi Survey plot No.5514 which was not mentioned in schedule I of the origina..Category: Procedural Law | Date: | Hits: 133
Shawai @ Mohammad Hussain & others Vs. State, 1989, 18 CLC (HCD)
....Khurshed and Sujan their appeal is dismissed and order of conviction is modified as indicated above but the sentence is maintained. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 373. ......h of them to transportation for life. 2. Short facts of the prosecution case is that on 24th Baishakh, 1383 B.S. corresponding to 7th May, 1976 the informant's brother Sona Miah went to plough his land in plot No.527 of Akberpur Mouza . At the time of his departure he told his brother, the inform..Category: Criminal Law | Date: | Hits: 128
Syed Ashfaque Hossain & others Vs. Bangladesh, 1989, 18 CLC (HCD)
....corporating therein the changes on account of- (a) the mutation of names as a result of transfer or inheritance; (b) the subdivision, amalgamation or consolidation of holdings; (c) the new settlement of lands or of holdings purchased by the Government; and (d) the abatement of rent o......, gardens etc. wherein the petitioners have been living for generations now. The respondent No.4 Syed Mohsin Ali, his six brothers, two sisters and mother mutated their names in respect of the entire land of 5.80 acres of the above Khatian No.1358 on the basis of a registered Kabala No.5879 executed..Category: Property Law | Date: | Hits: 129
Al-haj Mirza Shamsuddin Beg and others Vs. Bangladesh & another, 1989, 18 CLC (HCD)
....they should pay the costs in the Rules. In the result all the Rules Nisi are made absolute with costs against the respondent No.2. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 356.......gment. 2. Nawab Yusuf Road, French Road, English Road and Dolaikhal area were recorded in the C.S. Khatian in the name of the then Dhaka Municipality on behalf of the Emperor of India as rent-free land (Nishkar) under Khatian No.16884. At that time the whole area was a vast tract of marshy land. ..Category: Property Law | Date: | Hits: 145
Muslim Halder (Md.) Vs. Hajrat Ali Halder & others, 1995, 24 CLC (HCD)
....nted earlier by the Court on 19.9.1985 is hereby vacated. No order as to costs. Send down the records to the Courts below at once. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 175. ...... be called the Act.) 2. Opposite parties 1 and 2 brought the case for pre‑emption within the statutory period of limitation on the ground that they are co‑sharers in the case holding. The case land was transferred by the opposite party 3 to stranger opposite party 1 on 13.7.79 without serving..Category: Property Law | Date: | Hits: 106
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