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Tahera Khatun Bibi and others Vs. Abdul Jalil Mandal and others, 1998, 27 CLC (HCD)

....Mr. Mozaffar Hossain to place before me the evidence of the 5 witnesses examined by the contending parties. There is no dispute in this case regarding the completion of registration on 2-12-97 of the disputed kabala under section 60 of the Registration Act and the filing of the pre-emption case on 1......ption is allowed. Send down the lower Court records at once. The order of status quo granted earlier by this Court stands vacated. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 134. ..

Category: Property Law | Date: | Hits: 56

Azam Khan Chowdhury Waqf Estate Vs. Government of the People's Republic of Bangladesh and others, 2008, 37 CLC (AD)

....on having not taken into consideration the facts and circumstances and documentary evidences of the Waqf Estate in question regarding right, title, interest and possession of the Waqf Estate over the disputed hat, Bazars and jalmahal vide the Annexures-E, E1 and G mostly wrongly discharged the Rule ...... above, we find no substance in the submission of the learned Advocate-on-Record for the petitioner. Accordingly, the petition is dismissed. This Case is also Reported in: 19 BLT (AD) (2011) 5. ..

Category: Property Law | Date: | Hits: 71

Norendra Chandra Dash and others Vs. Md. Solaiman Chowdhury & others, 1997, 26 CLC (HCD)

.... In the result, the Rule is made absolute. The impugned order dated 2-3-91 is thus set aside. There will be no order as to costs. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 81. ......he plaintiffs. 3. In the plaint the plaintiffs stated, inter alia that plaintiff Nos.1 and 2 and defendant No.5 are the owners in possession of the suit land along with other lands appertaining to khatian No.114 of mouza Ullashwar, that plaintiff No.3 has been living on the land with her husband ..

Category: Property Law | Date: | Hits: 98

Muhammadullah Vs. Sessions Judge and others, 1998, 27 CLC (HCD)

.... result of that the petitioner has undergone imprisonment for about 9 (nine) years and, as such, in the instant case the principle laid down in 19 DLR case should be applied. This contention had been disputed by Mr. Md. Ismail. He, on the other hand, contended that the principle enunciated in the ca...... the premises we do not find any illegality in the impugned order. Accordingly, the Rule is discharged without any order as to cost. Ed. This Case is also Reported in: 52 DLR (HCD) (2000) 374...

Category: Criminal Law | Date: | Hits: 56

QC Shipping Limited and another Vs. Chittagong Port Authority and others, 1998, 27 CLC (HCD)

....g out from two different cause of action Order 11 rule 7 CPC has no manner of application. The learned Advocate for the respondent also made serious attempts to contend that in the two writ petitions disputed question on facts arises. The contention is misconceived. The two petitions are based on ad......esult, I make this Rule absolute without any order as to costs. The order of stay is consequently disposed of as being infructuous. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 64. ..

Category: Admiralty Law or Maritime Law | Date: | Hits: 583

Abdul Jabber and others Vs. Mohammad Sekander and others, 1998, 27 CLC (HCD)

....stay order if any granted earlier is duly vacated. No order as to costs. Records of the Courts below shall be sent down at once. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 62. ......forming the subject of a separate tenancy.” In view of the aforesaid definition the land which was originally settled to the predecessors of the pre-emptor, forms a holding although there was no khatian or plot number, therefore, the land transferred under pre-emption can be called and termed a..

Category: Property Law | Date: | Hits: 67

Habibur Rahman Paikar (Md.) Vs. Gour Gopal Datta and others, 1998, 27 CLC (HCD)

.... within three months from the date of receipt of the order. Communicate this order to the learned Subordinate Judge, Bogra at once. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 54. ...... within three months from the date of receipt of the order. Communicate this order to the learned Subordinate Judge, Bogra at once. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 54. ..

Category: Property Law | Date: | Hits: 88

Basihur Rahman Biswas Vs. Md. Hanif Ali Biswas & others, 1999, 28 CLC (HCD)

....e places of corrections. Accordingly, the Rule is discharged but without any order as to cost. Send down the records forthwith. Ed. This Case is also Reported in: 52 DLR (HCD) (2000) 346. ......e places of corrections. Accordingly, the Rule is discharged but without any order as to cost. Send down the records forthwith. Ed. This Case is also Reported in: 52 DLR (HCD) (2000) 346. ..

Category: Property Law | Date: | Hits: 72

Akhter Hossain (Md.) Vs. State, represented by the Deputy Commissioner, 1998, 27 CLC (HCD)

....eding is not at all illegal and, as such, is not liable to be quashed. 7. We have personally perused the petition filed under section 561A of the CrPC along with annexures thereto. 8. It is not disputed that the accused petitioner is not a public servant under the mischief of section 21 of the......y of the judgment if so desired or advised. Send a copy of this judgment to the concerned court for information and necessary action. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 40...

Category: Criminal Law | Date: | Hits: 62

Crown Beverage Ltd. and another Vs. Board of Investment and Others, 2004, 33 CLC (HCD)

....ng the required certificate from the BOI. Both the High Court Division and the Appellate Division of this Court found that the Board of Investment which is the proper authority has certified that the disputed machineries were imported for replacement of the damaged components and parts without which...... stop and ensure stoppage of sale of those two drinks within the country with immediate effect. There will be no order as to costs. Ed. This Case is also Reported in: 9 BLC (2004) 601. ..

Category: Others | Date: | Hits: 182

Mohamaya Rani Saha and others Vs. Dr. Ashequr Rahman Khan and others, 2008, 37 CLC (AD)

....he Rules and there is no illegality or infirmity in the above decision so as to call for any interference. All the petitions are dismissed. This Case is also Reported in: 16 MLR (AD) (2011) 25. ......1998, purchased the case land from the proforma respondent No.4 and that the respondent No.1, by filing Title Suit No.7 of 1990 also obtained decree therein in her favour in respect of the above khas khatian land; then on 22.1.1998, he on obtaining the certified copy of the said judgment and decree ..

Category: Property Law | Date: | Hits: 62

Dijalal Majumder Vs. Munshi Bodiul Alam and others, 2010, 39 CLC (AD)

....nd that the appellant could not prove the story of gift by Mohon Lal Nomo in favour of Shyamtara and also could not prove their possession in the suit land. The appellate court below discussed on the disputed decree passed in Title Suit No.808 of 1977 as well as the sole decree passed in Title Suit ...... thereafter was enjoying and possessing the suit land as owner through borgader and that though the name of the defendant No.1 was correctly recorded in the Diyara Survey but in the finally published khatian the name of defendant No.2 was mentioned as illegal possessor and to correct the same, the D..

Category: Property Law | Date: | Hits: 71

Abdur Rashid Vs. Afzal Gazi and others, 2010, 39 CLC (AD)

....western side of their land of the above mentioned khatians, which the predecessors of the plaintiffs have been possessing the said land planting trees thereon, as their accreted land. Thereafter when disputed land became cultivable the petitioners filed a miscellaneous" case being case No.988/66-67 ......he plaintiffs who are owner on the basis of records of right, by way of inheritance and by purchase and by accretions from the river Bishkhali on the western side of their land of the above mentioned khatians, which the predecessors of the plaintiffs have been possessing the said land planting trees..

Category: Property Law | Date: | Hits: 57

Abdul Majid Pramanik and others Vs. Md. Sorhab Ali and others, 2010, 39 CLC (AD)

....mission of Mr. A.F.M. Mesbahuddin, learned Senior Counsel, appearing for the petitioners. Accordingly, the leave petition is dismissed. Ed. This Case is also Reported in: 16 MLR (AD) (2010) 1.......mission of Mr. A.F.M. Mesbahuddin, learned Senior Counsel, appearing for the petitioners. Accordingly, the leave petition is dismissed. Ed. This Case is also Reported in: 16 MLR (AD) (2010) 1...

Category: Property Law | Date: | Hits: 54

Fatema Khatun Vs. Wach Khatun and others, 1998, 27 CLC (HCD)

....rned Subordinate Judge 1st Court, Feni in Miscellaneous Case (Review) No.55 of 1995 is set aside. Send down the LC records at once. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 28. ......rned Subordinate Judge 1st Court, Feni in Miscellaneous Case (Review) No.55 of 1995 is set aside. Send down the LC records at once. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 28. ..

Category: Property Law | Date: | Hits: 59

Fatema Begum Vs. The Artha Rin Adalat, Narayangonj and others, 2010, 39 CLC (HCD)

.... petitioner was fully aware of the mortgage suit and she has no interest in the land of respondent No.3 (judgment debtor). In the said affidavit-in-opposition respondent No.4 (auction purchaser) also disputed the right and title of the writ petitioner as well as her co-sharers over the land in quest...... copies there for. The office is directed to send a copy of this judgment to the Artha Rin Adalat, Narayangonj at once. Nazmun Ara Sultana J.- I agree. Ed. This Case is also Reported in: ..

Category: Civil Law | Date: | Hits: 183

MA Qasem Vs. Subordinate Judge, Artha Rin Adalat and others, 1999, 28 CLC (HCD)

....urt personally or through the learned Advocate and, as such, allegation of non-service of copy on the defendant No.6 is of no merit, that the contention that has been raised in the writ petition is a disputed question of fact and that same is a matter for are adjudication by the trial Court after co......en prejudiced in any respect or manner. In view of the discussion made above the Rule is discharged without any order as to costs. Ed. This Case is also Reported in: 52 DLR (HCD) (2000) 341. ..

Category: Civil Law | Date: | Hits: 90

Eman Ali Mallik Vs. State, 2000, 29 CLC (HCD)

....cate further submits that in view of the fact that in the absence of any reliable evidence on record to prove that the accused appellant Eman Ali, in violation of the trust, illegally disposed of the disputed shallow tube-well machine, the impugned order of conviction and sentence is not sustainable...... case within six months from the date of receipt of the case records from this Court. Send down the lower Court records immediately. Ed. This Case is also Reported in: 52 DLR (HCD) (2000) 335...

Category: Criminal Law | Date: | Hits: 43

Shahabuddin Ahmed Vs. Abdur Rab Molla & others, 1999, 28 CLC (HCD)

.... the respondent-opposite party No.1 neither examined his mother nor specifically challenged her finger impression as alleged by the process server as OPW 2. Under such circumstances, it can hardly be disputed that the process server served the summons on their mother, because on receipt of the said ......1992, is set aside. In the result, the Rule is made absolute but without any order as to costs. Send down the records forthwith. Ed. This case is also Reported in: 52 DLR (HCD) (2000) 305. ..

Category: Trust/Waqf Law | Date: | Hits: 189

Lakshmi Bazar Shahi Masjid Committee and another Vs. St Francis Xavier’s Girls High School, 1999, 28 CLC (HCD)

....ranted at the time of issuance of the Rule stands vacated. Let a copy of this judgment be sent to the concerned Court below immediately. Ed. This Case is also Reported in: 51 DLR (1999) 557. ......ranted at the time of issuance of the Rule stands vacated. Let a copy of this judgment be sent to the concerned Court below immediately. Ed. This Case is also Reported in: 51 DLR (1999) 557. ..

Category: Property Law | Date: | Hits: 68