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Dr. Sultan Ahmed Vs. AKM Fazlur Rahman and others, 1989, 18 CLC (HCD)

.... of the suit property with an assurance that he will subsequently purchase the suit property from the plaintiffs, but he is not a tenant of the suit property and he never paid any monthly rent to the land‑lord of the suit premises. Both the parties adduced evidence both oral and documentary and af......hmed, Advocate‑For the Petitioner. M Baziur Rahman Talukdar, Advocate ‑For the Opposite parties. Civil Revision No. 1347 of 1989 Judgment Mozammel Haque J. -This Rule was issued directing the opposite‑parties to show cause as to why the judgment and decree dated 18.9.89 passed by t...... the court below are hereby affirmed. Order of stay passed by this Court earlier is vacated. Send down the LC records immediately. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 281. ..

Category: Property Law | Date: | Hits: 108

Abdul Khaleque Vs. Court of Settlement and others, 1991, 20 CLC (HCD)

....eferendum so far held in the country. He also obtained passports as national of Bangladesh on 4.7.1975 and 16.7.85; that the petitioner while living in the then East Pakistan was allotted a parcel of land by way of a deed of lease which was duly executed and registered on 14.2.1962 and 27.2.1962 res......n the result, the Rule is made absolute without any order as to costs. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 273.......lawful authority and the same are of no legal effect. In the result, the Rule is made absolute without any order as to costs. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 273...

Category: Property Law | Date: | Hits: 90

Ramizuddin and others Vs. Abdul Hamid, 2009, 38 CLC (HCD)

....ed the Title suit No.295 0f 1995 in the Court of Assistant Judge, 2nd Court, Dhaka impleading the above defendant-petitioners and opposite parties Nos.2-7 praying for declaration of title in the suit land and also further declaration that the kabala No.8593 dated 8-8-1959 is forged, illegal and not ......of the suit is, hereby, set aside. Ed. This Case is also Reported in: 62 DLR (HCD) (2010) 434....... a registered kabala dated 12-5-1960 and handed over vacant possession of the land to the purchaser. Since then the plaintiff has been possessing the suit land as an exclusive owner by paying rent in ejmali for more than 12 years by mutating his name. SA Parcha prepared in the name of previous owner..

Category: Procedural Law | Date: | Hits: 108

Rustom Ali (Md.) Matubbar alias Alam Vs. Mohammad Salahuddin and another, 1998, 50 CLC (HCD)

....itioner in the Court of Chief Metropolitan Magistrate, Chittagong with the allegations that the accused-petitioner entered into an agreement to sell with him with respect to one-storied building on a land at Mohammadpur on a total consideration of Taka 6,000.00 and on receipt of Taka 2,50,000.00 by ......thus, fails. In the result, the Rule is discharged. Order of stay stands vacated. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 301. ......the Rule is devoid of substance and the same, thus, fails. In the result, the Rule is discharged. Order of stay stands vacated. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 301. ..

Category: Criminal Law | Date: | Hits: 112

Abdul Jalil & other Vs. Islami Bank Bangla­desh Ltd. and others, 2011, 40 CLC (AD)

...., which was subsequently transferred to the 1st Court of Subordinate Judge, Dhaka and was renumbered as Title Suit No.177 of 1994, for declaration of title and partition in respect of 0.32 acre of land of CS Plot No.115 of CS Khatian No.47 of Mouja-Bramonchiron, PS Tejgaon, District Dhaka-des......l is dismissed on contest without any order as to costs. Ed. This Case is also Reported in: 64 DLR (AD) (2012) 107.......th the impugned judgment of the High Court Division. In the result, the appeal is dismissed on contest without any order as to costs. Ed. This Case is also Reported in: 64 DLR (AD) (2012) 107...

Category: Procedural Law | Date: | Hits: 108

Salma Islam Vs. Parveen Banu & others, 1997, 26 CLC (HCD)

....filed the aforesaid money suit alleging, inter alia, that one MA Nasir, husband of defendant-respondent No.1 and father of defendant-respondent Nos. 2 to 4, got an allotment of 19 katha 15 chataks of land at Road No.53, Block No.NW (J), Gulshan Model Town, Dhaka from former DIT now RAJUK by way of p......1985 is accordingly disposed of. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 280.......sult, the appeal is dismissed without any order as to costs. The connected Civil Rule No. 208(f) of 1985 is accordingly disposed of. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 280...

Category: Property Law | Date: | Hits: 144

Hamida Begum Chowdhury Vs. Ahamad Hossain Khan and others, 1997, 26 CLC (HCD)

.... the plaintiff has any cause of action? (3) whether the suit is barred by limitation? (4) whether the plaintiff is entitled to get any decree for specific performance of contract for sale of the suit land as prayed for? (5) whether the plaintiff and vokalatnama have been signed by the plaintiff? (6)......t cost. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 276. ......e Appeal is allowed and the impugned judgment and decree dated 28-9-95 passed in Title Suit No.201 of 1991 is dismissed without cost. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 276. ..

Category: Civil Law | Date: | Hits: 148

Laxmi Janardhan Jew Thakur and 3 others Vs. Government of the People’s Republic of Bangladesh and others, 1998, 27 CLC (HCD)

....t authorised East Pakistan Small Industries Corporation to run the business of the said firm. It has been further stated that Hardeo Glass, Aluminium and Silicate Works were in possession of the said land as Non-agricultural Tenant and carried on business of the said Industrial and Manufacturing con...... effect so far it relates to the property of deed of Endowment dated 25-9-1903. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 273. ......stered without any lawful authority and is of no legal effect so far it relates to the property of deed of Endowment dated 25-9-1903. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 273. ..

Category: Property Law | Date: | Hits: 85

Rokeya Begum Vs. Md. Abdur Rahman alias Ganda being dead his heirs: 1(a) Md. Abdul Barik and others, 1998, 27 CLC (HCD)

.... 2. Relevant facts for the purpose of the case, in short, are that the opposite parties as plaintiffs instituted a suit in the Court of the Assistant Judge, Madargonj praying for recovery of the suit land measuring 5 decimals under section 9 of the Specific Relief Act. The plaintiffs case is that th......in: 50 DLR (HCD) (1998) 271.......able in law. Accordingly, the Rule succeeds and it is made absolute without any order as to costs. Send down the LC records at once. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 271...

Category: Property Law | Date: | Hits: 86

Monjurur Rahman (Md.) Vs. Dr. Naimur Rahman, 1998, 27 CLC (HCD)

....anjurur Rahman and defendant No.1 Dr. Naimur Rahman under the deed of gift dated 29-10-57 and the donees were accordingly inducted into possession of the property. The case of plaintiff in respect of land of Schedule ‘B’ measuring one bigha 12 kathas of land was leased out by the DIT in the name......€¦â€¦â€¦Appellant Vs. Dr. Naimur Rahman………………………Respondent Judgment February 12, 1998. Result: The appeal is dismissed. Lawyers Involved: Khandakar Mahabubuddin Ahmed with SR Khorshnabish, M Hasan, Advocates - For the Appellant. Habibul Islam Bhuiyan with......t, the appeal is dismissed. The Judgment and decree passed by the Court below is upheld. Parties are directed to bear their own cost. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 266. ..

Category: Property Law | Date: | Hits: 109

Niranjan Malaker & another Vs. State, 2009, 38 CLC (HCD)

....nformation report (FIR) is depicted as under: 3. On 12-8-1998 at about 11-00 PM Makhon Chandra Das, 40 years of age, husband of the informant Dipti Rani Das went out of home for guarding his paddy land near his home by rowing a small boat of Pranoy Das of his village. On the following morning, as...... any other connection. Send down the LCR with a copy of this Judgment at once. Ed. This Case is also Reported in: 62 DLR (HCD) (2010) 387. ......erty forthwith if not required to be detained in any other connection. Send down the LCR with a copy of this Judgment at once. Ed. This Case is also Reported in: 62 DLR (HCD) (2010) 387. ..

Category: Criminal Law | Date: | Hits: 75

Syed Wali Mohammad Salehuddin, 1990, 19 CLC (HCD)

.... 2. Facts leading to this application are that, late Rai Bihari Lai Maitra Bahadur, a resident of No.155, Lower Circular Road, Calcutta, West Bengal made a will on 5.7.1931 AD in respect of the khas lands of his Zamindary situated both in East Pakistan and West Bengal and appointed the Administrato......is also Reported in: 44 DLR (HCD) (1992) 268.......further order as to costs. The assistance given by Mr. Ahmed Nurur Reza and Mr. Saidur Rahman at the time of hearing is appreciated. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 268...

Category: Trust/Waqf Law | Date: | Hits: 166

Monorajan Saha and another Vs. Farida Khatun and others, 2010, 39 CLC (HCD)

....e party Nos. 2-14 on the allegation contend­ing, inter alia, that the SA recorded tenant Jogendra Nath died leaving his son Bikash Mondal from whom the pre-emptor and Babu Rama Saha pur­chased some land from of said SA recorded tenant by kabala dated 13-9-1987 being No.7282 of 1987. In addition to...... to- Serajul Mostafa Vs. Ali Ahmed Sikdar, 33 DLR 168; Munshi Md. Fazlul Haque Vs. Saleh Ahmed, 13 MLR (AD) 332; Md. Abdul Hoque Gazi Vs. Mohammad Shamsul Haque, 9 MLR 380 = 9 BLC 600; Shafique Uddin Ahmed Vs. Abdur Rashid, 7 BLC 255. Lawyers Involved: Bivash Chandra Biswas with HM Borhan, ......ipt of copy of this judgment after notifying the parties as per law. Send copy of the judgment to the Courts below expeditiously. Ed. This Case is also Reported in: 63 DLR (HCD) (2011) 239. ..

Category: Procedural Law | Date: | Hits: 88

Abdul Kader and another Vs. Abdul Aziz having died his heirs; (1) Musammat Masuda Begum and others, 1994, 23 CLC (HCD)

....nto by the plaintiff and defendant respondent petitioners Abdul Kader and Sk. Saizuddin. 3. The case of the plaintiff, as made out in the plaint of the suit, was that the transferees sold the suit land for a consideration of Taka 4,500.00 to the defendants by registered saf Kabala deeds dated 21s......lier passed by this Court is hereby vacated. Ed. This case is also Reported in: 47 DLR (HCD) (1995) 67. ...... In the result, the Rule is discharged without any order as to costs. The stay order earlier passed by this Court is hereby vacated. Ed. This case is also Reported in: 47 DLR (HCD) (1995) 67. ..

Category: Property Law | Date: | Hits: 78

Abdul Kashem and another Vs. Bangladesh, 1994, 23 CLC (HCD)

....ollected in such manner as may be prescribed duties on excise on all excisable goods other than sale which are produced and manufactured in Bangladesh and duty on salt manufactured in, or imported by land into, any part of Bangladesh as and at the rates set forth in the First Schedule. Section 12A, ......mises discussed above, the Rules are discharged but without any order as to costs. Ed. This case is also Reported in: 47 DLR (HCD) (1995) 57....... before the appropriate Customs Officer. In the premises discussed above, the Rules are discharged but without any order as to costs. Ed. This case is also Reported in: 47 DLR (HCD) (1995) 57...

Category: Fiscal/Taxation Law | Date: | Hits: 155

Government of the People's Republic of Bangladesh Vs. Rahima Begum and others, 2008, 37 CLC (HCD)

....of 1983 in the Third Court of Munsif, Jessore, impleading the petitioner and opposite party Nos.11-16 as defendants for declaration of title and confirmation of possession in respect of 0.82 acres of land described in the schedule of the plaint. On transfer the suit was renumbered as Title Suit No.5....... Result: The Rule is discharged Cases Referred to- Laxmi Kanta Roy Vs. Upazila Nirbahi Officer, 46 DLR 136; Nittya Gopal Roy Barman Vs. Pran Gopal Nandi, 32 DLR 11; Akrab Ali Vs. Zahiruddin kari, 30 DLR (SC) 81; 43 DLR (AD) 82; 51 DLR (AD) 57; Abdul Mutalib Vs. Md. Mostakin Ali, 1999 BL......irmed. Office is directed to send down the records of this case at once with a copy of Judgment for information and necessary action. Ed. This Case is also Reported in: 62 DLR (HCD) (2010) 430. ..

Category: Property Law | Date: | Hits: 98

Naimuddin Molla and others Vs. Ibrahim Molla and others, 2008, 37 CLC (HCD)

....@ Naba Molla and the Government of Bangladesh as defendant No.2 praying for specific performance of contract, stating, inter alia, that the defendant No.1 Naimuddin Molla had obtained settlement of a landed property as a landless person on 17-1-1979 from the government of Bangladesh, defendant No.2,......s below at once. Ed. This Case is also Reported in: 62 DLR (HCD) (2010) 369. ...... However, there shall be no order as to costs. Let a copy of the Judgment along with LCR be sent down to the Courts below at once. Ed. This Case is also Reported in: 62 DLR (HCD) (2010) 369. ..

Category: Procedural Law | Date: | Hits: 120

Indu Mod Howlader Vs. Additional Deputy Commi­ssioner and others, 1997, 26 CLC (HCD)

....ner filed the aforesaid suit for a declaration that the order dated 6‑1‑76 passed by the Government through the Deputy Commissioner, Barisal and mentioned in 'Kha' schedule in respect of the suit land mentioned in the 'Ka' schedule forfeiting the same for establishment of a Hat under the Hat and......ed without any order as to cost. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 444.......Mr. Ranjan Kumar Saha, Assistant Judge, Wazirpur, Barisal in Title Suit No.87 of 1988 is hereby confirmed without any order as to cost. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 444...

Category: Property Law | Date: | Hits: 84

Md. Zahurul Islam Vs. Deputy Commissioner, Kushtia and others, 2012, 41 CLC (AD)

....cree No.68 of 1996 dismissing the same. 2. The petitioner as plaintiff filed Money Suit No.3 of 1992 in the Court of Subordinate Judge, Kushtia for recovery of taka 1,47,95,986, being the value of land described in schedule-'Ka' to the plaint, the cost for developing the land, profit with interes...... suit. Accordingly, the leave petition is dismissed. Ed. This Case is also Reported in: 17 BLC (AD) (2012) 106. ......infirmity in the judgment and decree of the High Court Division in dismissing the suit. Accordingly, the leave petition is dismissed. Ed. This Case is also Reported in: 17 BLC (AD) (2012) 106. ..

Category: Property Law | Date: | Hits: 105

Mahmudul Huq Vs. Mst Golap Bia & others, 1988, 17 CLC (HCD)

....ed by them, the plaintiff No.1 was living together in the same house with his foster parent. Plaintiff No.2 Sultan Ahmed due to his illness lost interest in the worldly affairs and wanted to gift the land of Ext. A in his favour. But as he was minor in 1944 Sultan Ahmed made a benami kabala, Ext. A ......yers Involved: Farmanullah Khan - For the appellant. No one - For the respondent. Appeal from Appellate Decree No.172 of 1976. Judgment AM Mahmudur Rahman J.- This second appeal at the instance of the plaintiff is against the judgment and decree of affirmance passed by the learned Add......cussions above, I do not find any substance in this appeal. In the result, this appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 314. ..

Category: Property Law | Date: | Hits: 86