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Nasiruddin (Hazi Md.) Vs. Md. Mozammel Hossain and others, 2010, 39 CLC (HCD)

....spose of the appeal within two months from the date of receipt of this order. Office is directed to communicate the order at once. Ed. This Case is also Reported in: 63 DLR (HD) (2011) 303. ......rt having jurisdiction. 2. Material facts are that plaintiffs instituted a Title Suit No.50 of 2002 in the Court of Joint District Judge, Dhaka against defendant for declara­tion of title in suit land. The trial Court dismissed the suit, against which Title appeal No.522 of 2003 is pending for h..

Category: Procedural Law | Date: | Hits: 108

Jahangir Alam and others Vs. State, 2011, 40 CLC (HCD)

....ross-exam­ination it appears that there are 20 criminal and civil cases in where the P.W.8 is one of the parties and he was dismissed from his job earlier and he was sug­gested that by the order of settlement case No.129 of 2003 he got 42 decimals out of 85 decimals by forming 3 members board and ......tion case in short is that on 5-7-2008 one Abul Kalam Azad filed an allegation with the Divisional Office of Anti-Corruption Com­mission of Barisal Division to the effect that due to mutation of his land, he went to the Deputy Assistant Settlement Office Md. Nurul Islam, the accused No.1 who demand..

Category: Criminal Law | Date: | Hits: 142

Salma Begum Vs. Sonali Bank Limited and others, 2010, 39 CLC (HCD)

....1-2009 passed by the learned Additional District judge, 2nd Court Dhaka, in Miscellaneous Appeal No.230 of 2009 is here by set aside. Ed. This Case is also Reported in: 63 DLR (HD) (2011) 282. ......enty five) contending, inter alia, that one Saleha Khatun, who is now dead, and her son Abdul Latif took loan to complete the under construction building of Saleha Kahtun by mortgag­ing the schedule land including the structures there­on. The said suit was decreed ex parte on 27-9-2003. 3. Ther..

Category: Civil Law | Date: | Hits: 229

Jalil and another Vs. Chairman, Court of Settlement and another, 1991, 20 CLC (HCD)

....ned property. The respondents are directed to put the petitioners in possession of the said house within 3(three) months from date. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 288.......ned property. The respondents are directed to put the petitioners in possession of the said house within 3(three) months from date. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 288...

Category: Property Law | Date: | Hits: 90

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

....Ext. 4 which is the statement of the defendant‑petitioner before the union parishad when a dispute was referred to the union parishad and the members of the union parishad and others had effected a settlement. This Ext. 4 clearly shows that the defendant admitted himself as tenant there and there ...... 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..

Category: Property Law | Date: | Hits: 108

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

....national of Bangladesh and was permitted to live in Bangladesh permanently. This certificate has not been challenged by the respondents at all. Thereafter, the petitioner in the year of 1962 obtained settlement of a parcel of land by way of a registered deed of lease and he constructed house thereon......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..

Category: Property Law | Date: | Hits: 90

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

....r as to costs. The impugned Judgment and order passed by the Appellate Court allowing the withdrawal of the suit is, hereby, set aside. Ed. This Case is also Reported in: 62 DLR (HCD) (2010) 434.......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 ..

Category: Procedural Law | Date: | Hits: 108

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

....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. ......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 ..

Category: Criminal Law | Date: | Hits: 112

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

....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......., 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..

Category: Procedural Law | Date: | Hits: 108

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

....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.......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..

Category: Property Law | Date: | Hits: 144

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

....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. ...... 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)..

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)

....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. ......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..

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)

....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....... 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..

Category: Property Law | Date: | Hits: 86

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

....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. ......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..

Category: Property Law | Date: | Hits: 109

Mahbub Alam Vs. Commissioner, Customs, Excise and VAT, Sylhet and others, 2010, 39 CLC (HCD)

....1 DLR (AD) 232 wherein their Lordships have held that however extraordinary its powers, a writ Court cannot and should not decide any disputed question of fact which requires evidence to be taken for settlement. 14. It is claimed by the petitioner that the gold was seized illegally though the pet......8-2003, all further proceedings of the above mentioned Special Tribunal Case were stayed. 3. The facts found for disposal of the Rule are that on 1-2-2003 at 12-00 hours the petitioner Mahbub Alam landed at the Osmani International Airport, Sylhet by Bangladesh Biman bearing Flight No.BG-0052 and..

Category: Fiscal/Taxation Law | Date: | Hits: 177

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

....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. ......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..

Category: Criminal Law | Date: | Hits: 75

Abdul Malek Vs. District Co-operative Officer, Cox’s Bazar and others, 1997, 26 CLC (HCD)

....rol to his chosen man. 4. In the obtaining circumstances, on 12-6-1988 the petitioner filed a petition to the respondent No.1 District Co-operative Officer, Cox’s Bazar raising a dispute for its settlement since the dispute touches the business and affairs of a co-operative society with another......en made without lawful authority and is of no legal effect. In the facts and circumstances of the case there no order as to costs. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 426. ..

Category: Civil Law | Date: | Hits: 128

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

.... of those about 30 bighas are in possession of trespassers. The petitioner tried his best to lease out the said in barga cash rent through his office employees, but none came forward to take any such settlement except 3. 10 acres of lands regarding which a bainapatra has been obtained by the Adminis...... 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..

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

Sazedur Rahman (Md.) Vs. Secretary, Ministry of Establishment, 1998, 27 CLC (HCD)

....23B inserted in the Indian Constitution by 42nd Amendment, enabled the Indian Parliament to establish under Administrative Tribunal Act, 1985 Administrative Tribunals, in regard to civil servants for settlement of disputes, excluding powers of judicial review of the High Court given under Articles 2......is discharged without any order as to cost. The operation of this Judgment be stayed for a period of 15 (fifteen) days from today. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 407. ..

Category: Administrative Law | Date: | Hits: 326

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

....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. ......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..

Category: Procedural Law | Date: | Hits: 88