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Humayun Hossain Khan Vs. Bangladesh & others, 2011, 40 CLC (HCD)

....ha Rin Adalat No.3, Dhaka (hereinafter referred to as the Adalat) and renumbered as Artha Rin Suit No.32 of 2004. After the Artha Rin Adalat Ain, 2003 (the Ain, 2003) came into force on 1st May, 2003 settlement conference was also held under sec­tion 21 of the Ain, 2003 on the prayer of the Bank. T......iscretion given to it by section 47 of the Ain, 2003. With the above observations this appeal is dis­missed. Ed. This Case is also Reported in: 64 DLR (AD) (2012) 88, 18 MLR (AD) (2013) 5. ..

Category: Civil Law | Date: | Hits: 138

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

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

Category: Property Law | Date: | Hits: 78

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

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

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

Chittagong Port Autho­rity Vs. Ananda Shipyard and Slipways Ltd., 2010, 39 CLC (HCD)

....nt, was not in accordance with the provisions of this Act. (b) The Court or High Court Division, as the case may be, is satisfied that— (i) The subject matter of the dispute is not capable of settlement by the arbitration under the law for the time being in force in Bangladesh; (ii) The a...... award hereby set aside. Accordingly award dated 9-3-06 is hereby set aside. The office directed to communicate the order at once. Ed. This Case is also Reported in: 63 DLR (HD) (2011) 226. ..

Category: Alternative Dispute Resolution | Date: | Hits: 334

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

....d kabala deed dated 26-4-1948. On 7th Chaitra 1356 BS the plaintiff took pattan of total 0.74½ acres of land from Plot Nos.254, 230 and 236/754 from Raja, and got possession. The plaintiff also took settlement of 0.06 acres of land from 'Kha' schedule of property from the original recorded tenant i......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..

Category: Property Law | Date: | Hits: 98

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

....Naimuddin Molla @ 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,......@ 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,..

Category: Procedural Law | Date: | Hits: 120

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

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

Category: Property Law | Date: | Hits: 84

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

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

Category: Property Law | Date: | Hits: 105

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

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

Category: Property Law | Date: | Hits: 86

Abul Basar Sowdagar Vs. Aminul Huq & others, 1989, 18 CLC (HCD)

....l. I confirm the judgment and decree passed by the lower appellate Court and dismisses this appeal. There will be no order as to costs. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 312.......0 reversing those of Mr. M.S. Rahman, Munsif, North Raozan made in Title Suit No.160 of 1969. 2. The plaintiff filed the suit for declaration of title to and recovery of possession of the disputed land against the defendants. His case was that Sirajul Huq was the original owner of the disputed la..

Category: Property Law | Date: | Hits: 103

State Vs. Dr. Md. Nurul Islam, 2011, 40 CLC (HCD)

.... a copy of this judgment and order, be sent to the concerned Court below for information and necessary action at once. Md. Emdadul Haque Azad J. - I agree. Ed. This Case is also Reported in: ......strict Naogaon lodged an Ejahar with Badalgachchi Police Station, District Naogaon alleging that the Shymahar Dighi situated in plot No. 105 appertaining to C.S. Khatian No. 4 measuring 8.83 acres of land of mouza Shyamahar is their self acquired property which they have been possessing for a petty ..

Category: Criminal Law | Date: | Hits: 104

Abdul Mannan Sikder Vs. Matilal Dhupi and others, 1998, 27 CLC (HCD)

.... months from the date of receipt of this order, without granting adjournments to the contending parties except on compelling reasons. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 403. ......red to the 2nd Court of Munsif, Barisal and was renumbered as Title Suit No.205 of 1978. Eventually the plaint was amended and the plaintiffs added a prayer for declaration of their title in the suit land. In course of time the said suit was transferred to the Court of the Munsif Gournadi and re-num..

Category: Procedural Law | Date: | Hits: 87

Md. Zahir Abdullah Khan @ Zahir Abdullah Khan & others Vs. Abdul Latif & others, 1983, 12 CLC (AD)

....d. Judgment and decree of both the Courts below are set aside and the plaintiffs' suit is dismissed. There will be, however, no costs. Ed. This Case is also Reported in: 35 DLR (AD) (1983) 354. .......155 of 1978. 2. Certain facts are admitted. The plain­tiff was inducted by the Brahman Baria Pourashava as a tenant in the shop-room in question in June, 1966 at a monthly rent of Tk. 44/-. This land was taken by the Brahman Baria Municipality as lease from the District Council and the Municipa..

Category: Property Law | Date: | Hits: 99

Md. Khairullah Bhuiyan Vs. Haji Nurul Alam Chowdhury, being dead his heirs: Amena Khatun and others, 1982, 11 CLC (AD)

....porating therein the changes on account of— (a) the mutation of names as a result of transfer or inheritance; (b) the sub-division, 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......tion of the auction sale on 24-10-1973 in Certificate Case No.408 of 1967-1968 held by the Certificate Officer, Chittagong, for arrear rent dues from H.E. Percival, the recorded tenant, transferring land of P.S Plot No.108 of P.S Khatian No.14. The respondents claimed to be co-sharers of the Certif..

Category: Property Law | Date: | Hits: 128

Carew and Company (Bangladesh) Limited Vs. Chairman Labour Court and others, 1998, 27 CLC (HCD)

....tled to get any relief in their cases, their cases are not maintainable under section 34 of the IRO. The further case of the petitioner company was that the said agreement dated 21-11-84 was not a “settlement” within the meaning of the definition as given in sub-section (XXIV) of section 2 of th......t further delay. The order of stay granted earlier by this Court hereby stands vacated. Send down the lower Court records at once. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 396. ..

Category: Labour and Industrial Law | Date: | Hits: 281

MA Bari Vs. Chairman, Bangladesh Water Development Board (BWDB) and others, 1998, 27 CLC (HCD)

....nnexure-I to the petition has been passed without any lawful authority and is to be of no legal effect. No order is made as to cost. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 390.......nnexure-I to the petition has been passed without any lawful authority and is to be of no legal effect. No order is made as to cost. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 390...

Category: Employment/Service Law | Date: | Hits: 184

Karamat Ali and others Vs. Government of People’s Republic of Bangladesh and others, 1997, 26 CLC (HCD)

....itary operation against Bangladesh during the war of liberation. He next contends that the property, from the facts and evidence adduced on behalf of the petitioner, is not an abandoned property. The settlement Court erred in law in not excluding it from the abandoned list. 32. Respondent No.1 co......ity, but the denial of any special privileges by reason of birth, creed or the like in favour of any individual and also the equal subjection of all individuals and classes to the ordinary law of the land administered by the ordinary law Courts.” 5. In the “Limitation of Government Power” b..

Category: Property Law | Date: | Hits: 150

Abdul Khalek Mia Vs. Maya Debi & others, 1983, 12 CLC (AD)

....of Rajani Kanta namely, Monoranjan Singha, Atomba Singha and Maya Debi left for India and the share of these persons have become enemy property and vested in the Government and the Government granted settlement of two-fifth share of the suit pre­mises in V.P. Case No.6176 and he paid rent to the As...... In the result therefore this appeal is allowed and the judgment of the High Court Division is set aside without any order as to costs. Ed. This Case is also Reported in: 35 DLR (AD) (1983) 310...

Category: Property Law | Date: | Hits: 113

Agrani Bank Vs. Sultana Jute Mills Limited and others, 1993, 22 CLC (HCD)

....lso considering that more than a year has elapsed from the date of issuance of the Rule pending in this Court and whereas the Artha Rin Ain is enacted for the purpose of providing speedy disposal and settlement of the dispute between the parties, we are of the view that the relief claimed for should......der suffers from legal infirmity and hence not sustainable. In the result, the Rule is made absolute without any order as to costs, Ed. This case is also Reported in: 47 DLR (HCD) (1995) 37. ..

Category: Civil Law | Date: | Hits: 116

Reza (Md.) Vs. Executive Engineer, Facilities Department, and others, 1997, 26 CLC (HCD)

....n the result, the Rule is discharged without any order as to costs. The order of stay, granted earlier by this Court is hereby vacated. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 434.......y injunction for restraining the defendant opposite party from executing any document in respect of the suit property, constructing any building or digging any earth and changing the character of the land of the 'Ka' schedule property till the disposal of the suit claiming title to the suit property..

Category: Civil Law | Date: | Hits: 93