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MG Jilani Vs. Md. Wahed Uddin Sardar, 1989, 18 CLC (HCD)

.... bona fide requirement, but P.W.1 the plaintiff‑opposite‑party though briefly has categorically stated in his plaint and also in his deposition that he bona fide requires the case holding for his personal necessity and on this point there is no cross‑examination by the defendant‑petitioner a......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)

....7 years, he would survive further 18 years i.e. up to 75 years and on this score, plaintiffs claimed Taka 32,40,000. Plaintiff also claimed that had the deceased be alive, then he would be a renowned personality which reputation the minor two sons would use as 'personality of the nation' and that ha......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)

.... of loan of the Bank. The defendant did not pay the loan as per terms and condition of the sanctioned letter. Plaintiffs for repayment of the loan requested defendant at first verbally, thereafter by personal connection, later on, by Registered Post and lastly by issuing notice through lawyer but de......, 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)

....h, and in particular no action detrimental to the life, liberty, body, reputation or property of any person shall be taken except in accordance with law. 32. No person shall be deprived of life or personal liberty save in accordance with law. 42. (1) Subject to any restrictions imposed by law,......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

Conforce Limited Vs. Titas Gas Transmission and Distribution Co. Limited & another, 1989, 18 CLC (HCD)

..... 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

Gias Uddin Vs. Dhaka Municipal Corpora­tion and others, 1996, 25 CLC (HCD)

....acts and circumstances of the case we find no merit in this Rule. In the result, the Rule is discharged without any order as to costs. Ed. This case is also Reported in: 49 DLR (HD) (1997) 199. ......interpreted in the facts and circumstance of a case, to mean right to accommodation without which human life cannot be protected. But that does not mean do one who is a mere trespasser in the land or property of another person is entitled to continue in such unauthorized occupation as his eviction t..

Category: Constitutional Law | Date: | Hits: 369

State Vs. Moksed Ali and others, 2011, 40 CLC (HCD)

....lukder appearing for Moksed that his client's confessional statement is in effect to be read as exculpatory and that he was at best, in the facts and circumstances, a passive actor performing without personal initiative but only at the behest of the likes of Tutul, Mobarak and Ripon. This Court find......dditional Sessions Judge, Manikganj immediately. Send down the Lower Court Records at once. Communicate this order forthwith. Ed. This Case is also Reported in: 63 DLR (HCD) (2011) 346. ..

Category: Criminal Law | Date: | Hits: 131

Shamima Sultana Seema and 9 others Vs. Government of Bangladesh and 3 others, 2004, 33 CLC (HCD)

....e Supreme Court of India broke away from tradition and upheld the law on the Hindu women's right to property. The Court held at para 18: 18…………………………… The full development of personality and fundamental freedom and equal participation by women in political, social, economic ......came their possessions. But with the dawn of civilization the need for the protection of the weak became necessary and formulation of codes of conduct was devised in order to protect one's person and property from the onslaught of the stronger. 21. With the advent of civilization the science of j..

Category: Constitutional Law | Date: | Hits: 443

Abdul Jalil Shah and another Vs. Rahima Khatun and others, 1998, 27 CLC (HCD)

....rably within 6(six) months from the date of receipt of this order. Communicate this order to the Court concerned at once. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 441. ......ant are that, the opposite party No.1 and the opposite party Nos. 32 and 33 being plaintiffs instituted the aforesaid title suit No.149 of 1993 for partition to the extent of 10-2/7 pies share in the property measuring an area of 0.58 acre appertaining to CS Khatian No.250 of Mouza Nishindara under ..

Category: Civil Law | Date: | Hits: 154

Abdul Qayum Vs. Secretary, Ministry of Home Affairs, Government of Bangladesh and others, 1991, 20 CLC (HCD)

....at after the emergence of Bangladesh as an independent state on 16th December, 1971 the situation at Lalmonirhat and the adjoining areas was abnormal and as such the petitioner shifted to Syedpur for personal safety keeping said property under lock and key and was pursuing his normal avocation of li......gladesh as an independent state on 16th December, 1971 the situation at Lalmonirhat and the adjoining areas was abnormal and as such the petitioner shifted to Syedpur for personal safety keeping said property under lock and key and was pursuing his normal avocation of life as a Balti making Karigar ..

Category: Immigration and Citizenship Law | Date: | Hits: 178