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Abdul Latif & another Vs. Attar Ali, 1989, 18 CLC (HCD)
....appeal below occasioning any failure of justice, no interference is called for. The rule is discharged without any order as to costs. Ed. This Case is also Reported in: 42 DLR (HD) (1990) 115.......ome out and enter into the plaintiffs homestead and the father and grand-father of the plaintiff used to enjoy that pathway. Ext I. a kabala by which the defendant has purchased the schedule I property where there is a mention in the Schedule about the existence of the said pathway. Ext 1(..Category: Civil Law | Date: | Hits: 152
Emdadul Hoque Miah Vs. People's Republic of Bangladesh, 1989, 18 CLC (HCD)
....ted 17.10.87 is illegal and has been made without any lawful authority and is of no legal effect. There will be no order as to cost. Ed. This Case is also Reported in: 42 DLR (HD) (1990) 110....... argument of the learned Deputy Attorney-General as we find that the rule of natural justice is an indispensable rule of practice, whenever any decision is made directly affecting a person's right to property or character of office, the rule is to be read in every enactment, even though there is no ..Category: Others | Date: | Hits: 175
Abdul Aziz and others Vs. Sahajuddin Mollah and others, 1995, 24 CLC (HCD)
.... is an old case of 1984 the trial Court is hereby directed to complete die trial within 4 months positively on receipt of the record. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 164. ......ourt of facts have categorically found that the learned Upazila Munsif had no pecuniary jurisdiction to try the suit, since as it was disclosed by P.W.1 in his evidence that the valuation of the suit property would be Taka 25,000.00 or Taka 30,000.00. It also appears that the plaintiff by an applica..Category: Property Law | Date: | Hits: 96
Government of Bangladesh Vs. Israt Jahan Kazal, 1995, 24 CLC (HCD)
....r interference by this Court. In the result, the Rule is discharged without any order as to costs. Send down the records at once. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 161.......he aforesaid Judgment and decree of the Courts below should not be set aside. 3. The opposite party instituted the title suit of against the petitioner for a declaration that the treating the suit property as abandoned one and granting lease of the same by the petitioner are illegal, void, withou..Category: Property Law | Date: | Hits: 107
Baseruddin Pramanik (Md.) Vs. Golapjan Bewa and others, 1995, 24 CLC (HCD)
....result, the Rule is discharged. The pre-emption is allowed. Costs all through against the petitioner. Sent down the records at once. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 137....... Das, 51 CWN 644. In that decision it has been held as follows: "If a question is raised that a purported transfer is not a real transfer but a benami transaction in the sense that transfer holds the property on behalf of the transferor, such a question falls within the proper scope of an enquiry un..Category: Property Law | Date: | Hits: 89
MG Jilani Vs. Md. Wahed Uddin Sardar, 1989, 18 CLC (HCD)
....ut any order as to costs. The order of stay granted by this Court is vacated. Let the records be sent down at once. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 348. ......of the Small Cause Court Judge (Sub‑Judge) at Pabna against the defendant‑petitioner for evicting him from the suit‑holding. The plaintiffs case, in short, is that he acquired the 'Ka' schedule property including the building thereon from one Bhabani Prasad Saha by way of exchange in the year ..Category: Civil Law | Date: | Hits: 140
M M Rahmatullah Vs. State, 1992, 21 CLC (HCD)
....cated. The learned Special Judge is directed to hold the trial expeditiously. Let the records be sent down at once. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 576. ......cated. The learned Special Judge is directed to hold the trial expeditiously. Let the records be sent down at once. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 576. ..Category: Criminal Law | Date: | Hits: 81
Lal Banu Bibi and others Vs. Nourjan Banu, 1986, 15 CLC (HCD)
....ded but no fresh evidence will be admitted. Cost will abide by the result of the suit. Send down the lower Court's records at once. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 519.......titioner No.1 who earned affection, love and sympathy of mother plaintiff-opposite party, requested her mother to give her one bigha of land on the ground that petitioner would get nothing out of the property of the plaintiff after her death. Plaintiffs Opposite Party out of love and affection agr..Category: Property Law | Date: | Hits: 134
Khondker Abdul Majed Vs. Tarapada Dey, 1999, 18 CLC (HCD)
....to costs. The order of stay passed earlier by this Court is hereby vacated. Communicate the order to the trial Court expeditiously. Ed. This Case is also Reported in: 51 DLR (1999) (HCD) 336. ......laintiff for a decree of mandatory and prohibited injunction, etc. 3. During pendency of the suit the plaintiff opposite party filed an application on 28-8-1990 for local investigation in the Suit property. In the application the plaintiff prayed for local investigation to ascertain the area of o..Category: Civil Law | Date: | Hits: 122
Abdul Quayuam Khan Vs. Abu Yusuf Mridha, 1997, 26 CLC (HCD)
....e date of such information the period of payment of the amount in question should be calculated. Send down the LC records at once. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 386. ......f schedule ‘Ka’ and ‘Kha’ measuring 2.13 acres of lands and for confirmation of possession in schedule Ka and for evicting the defendants from schedule Kha, stating, inter alia, that the suit property originally belonged to Monullah Shaikh and thereafter by subsequent transfers and sales Abd..Category: Procedural Law | Date: | Hits: 129
Assistant Custodian, Vested Property Vs. Jugal Chandra Shaha & others, 1988, 27 CLC (HCD)
....First Court, Patuakhali for disposal of the Miscellaneous Case in accordance with law and in the light of the observation made above. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 473.......set aside. 2. The predecessor of the opposite parties filed a suit being Title Suit No.658 of 1976 in the First Court of Munsif, Patuakhali against the petitioner for a declaration that the vested property proceedings in respect of the properties of schedule Ka to the plaint was unauthorised, ill..Category: Limitation Law | Date: | Hits: 275
Sourja Bala Devi Vs. Habibullah Sheikh, 1989, 18 CLC (HCD)
....rovision of Order 41 Rule 27 of the Code of Civil Procedure. In the result, the Rule is made absolute without any order as to costs. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 463.......ard to the allegation of fraud made by the petitioner it was contended by the learned Advocate for the petitioner with reference to a case reported in 5 DLR 43 that a gross under-valuation of the property put up for sale amounts to a fraud and in such a case the judgment-debtor is entitled to cl..Category: Property Law | Date: | Hits: 106
Bangladesh Beverage Industries Ltd. Vs. Rowshan Akhter and others, 2010, 39 CLC (HCD)
....ucation as education makes a man a bit responsible. Communicate this order at once. Send down the lower Court records at once. Ed. This Case is also Reported in: 62 DLR (HCD) (2010) 483. ......laintiff. Torts are infinitely vicious, not limited or confined until lawful jurisdiction is available from defendant, the plaintiff is entitled to sue in tort if there is definite injury to him, his property, his reputation. 23. This is a case on tortuous liability of a person. This law is in ou..Category: Civil Law | Date: | Hits: 339
Dr. Md. Asadullah and another Vs. Sonali Bank Ltd. & others, 2010, 39 CLC (HCD)
....f Judgment debtor No.1 received the said money and expended the same for constructing the building. As per sanction letter, defendant No.2 executed the charge document, and as security, mortgaged the scheduled property. The period for repayment of loan was up to 23-4-2003 and installment for payment......, Dhaka impleading Judgment debtors as defendant No.1 and 2 and Bangladesh House Building Finance Corporation as pro forma defendant, for realizing loan money of Taka 8,03,568 on selling the mortgage property. 3. Plaintiff in the plaint stated that defendant Judgment debtor No.1, Md. Asadullah by..Category: Civil Law | Date: | Hits: 156
Bangladesh Environment Lawyers Association (BELA) Vs. Bangladesh, 2010, 39 CLC (HCD)
....he injunction order granted earlier by this Court stands vacated. Communicate this Judgment and order to the respondents accordingly. Ed. This Case is also Reported in: 62 DLR (HCD) (2010) 463. ......been further submitted that the continuity of the illegal extraction of sand from the bed and banks of the River shows utter failure of the respondents to enforce law and to protect and manage public property in the best interest of the people as required under Article 13 of the Constitution. Thus, ..Category: Environmental Law | Date: | Hits: 1019
Gani Mia & another Vs. U.N.O., Biswanath, District Sylhet & Others, 1988, 17 CLC (HCD)
....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. ......e petitioners collusively managed to get the Post Office shifted to its present site. They further stated that the defendant opposite party Nos.1-4 had decided to shift the Post Office to the donated property of the defendant opposite party Nos.5-7 to which the plaintiffs petitioners could have no..Category: Procedural Law | Date: | Hits: 193
Khaled Akbar Vs. Government of Bangladesh and others, 1989, 18 CLC (HCD)
....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. ......nd or a chala land. 16. The Appellate Tribunal in its decision has given cogent reasons for reducing the amount as awarded by Arbitrator in respect of each of the items, namely market value of the property, the question of damage by severance of the property from the other properties of the petit..Category: Alternative Dispute Resolution | Date: | Hits: 280
Muktar Hussain Khan Vs. Suresh Chandra Dey & Others, 1989, 18 CLC (HCD)
.... 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. ......notice of the original contract The Supreme Court held that in that circumstances the High Court was perfectly justified in coming to the conclusion that the appellants had failed to prove that the property in dispute was purchased for value and in good faith and without notice of the earlier cont..Category: Civil Law | Date: | Hits: 133
.....
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.
...... 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 land of Ban..
Category: Others | Date: | Hits: 227
Abdul Sattar & another Vs. Osimuddin & others, 1988, 17 CLC (HCD)
....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. ......ncy Act, the petitioner has to know the names of the vendees, the number of plot of land and the quantum of land sold by the vendor in order to examine as to whether he is a contiguous owner of the property sold or not. Unless he is definite as towhether he qualifies himself to file a petition und..Category: Property Law | Date: | Hits: 100
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