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Major (Retd.) Mohammad Afsaruddin Vs. Kamal Rahman, 1989, 18 CLC (HCD)

....t of the written statement. 2. The plaintiff-opposite party No.1 instituted the suit for specific performance of contract of sale against the petitioner as defendant No.1 in respect of 9 kathas of land on the allegations that he paid Tk. 2,50,000/- as advance money out of a stipulated total consi......DLR (HCD) (1989) 190. ......the above reasons we do not find any ground to interfere. In the result, the Rule is discharged but without any order as to costs. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 190. ..

Category: Property Law | Date: | Hits: 58

AY Masihuzzaman Vs. Shah Alam & others, 1989, 18 CLC (HCD)

....d in a number of cas­es both in the High Court and in the Court before the District Judge. The petitioner's mother along with his brothers and sisters are owners in joint pos­session of 33 acres of land in R.S. Plot No. 341 of CS Khatian No. 315 and RS Khatian No. 322 of Mouza Barabo, Shaymali wit...... once to the learned Court of Chief Metropolitan Magistrate, Dha­ka. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 180. ......it need be decided at an early date. Send down the records at once to the learned Court of Chief Metropolitan Magistrate, Dha­ka. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 180. ..

Category: Criminal Law | Date: | Hits: 77

Siddiqur Rahman and others Vs. Abdul Jalil Meah and others, 2009, 38 CLC (AD)

....­tion and recovery of Khas possession. 2. The facts leading to the filing of this petition are that the respondents herein filed a suit for declaration and recovery of Khas possession of the suit land. The petitioner Nos.1 and 2 contested the suit by filing a written statement, denying all mater......e directed to maintain status quo till disposal of the appeal. Ed. This Case is also Reported in: VIII ADC (2011) 1002.......are the paper-books out of Court in accordance with Rules. The parties are directed to maintain status quo till disposal of the appeal. Ed. This Case is also Reported in: VIII ADC (2011) 1002...

Category: Property Law | Date: | Hits: 49

Mosammat Rahima Khatun and others Vs. Emran Ali and others, 2009, 38 CLC (AD)

.... No.96 of 1987. After hearing, the learned Senior Assistant Judge, on consideration of the evidence on record, found that the plaintiffs proved their prima facie title and also possession in the suit land. The learned Judge also found that the suit land has been recorded in the name of the plain­ti...... granted ear­lier shall continue till disposal of the appeal. Ed. This Case is also Reported in: VIII ADC (2011) 991. ......of paper book is dis­pensed with as prayed for. The order of status quo granted ear­lier shall continue till disposal of the appeal. Ed. This Case is also Reported in: VIII ADC (2011) 991. ..

Category: Property Law | Date: | Hits: 51

Kamaluddin and others Vs. Abdul Aziz (Md.) and others, 2004, 33 CLC (HCD)

....n under section 96 of the State Acquisition and Tenancy Act, 1950 against the respondents for pre-emption of the transfers dated 01‑09‑96 and 03‑09‑96 vide deed Nos. 8882 and 8984 of the case land fully described in the schedules to the plaint. 3. Case of the preemptors, in short, was tha......ed to withdraw the money deposited in Court by the preemptors. Send down the record at once. Ed. This Case is also Reported in: 56 DLR (2004) 485.......e trial Court. The respondents would be entitled to withdraw the money deposited in Court by the preemptors. Send down the record at once. Ed. This Case is also Reported in: 56 DLR (2004) 485...

Category: Property Law | Date: | Hits: 71

Foez Ahmed Vs. Joynal Abedin and others, 2002, 31 CLC (HCD)

....he plaintiff in brief, is that he went to the house of his friend Suja Miah on 12‑05­87 in between 1.00 PM and 11.30 PM and entered in to a contract with defendant Foyes Ahmed for selling the suit land. The price for the suit land was fixed at Taka 15,000. The defendant gave the plaintiff a sum o......56 DLR (2004) 477. ......t and decree in decreeing the suit calling for interference by this Court. In the result, this Rule is discharged, No order as to costs. Ed. This Case is also Reported in: 56 DLR (2004) 477. ..

Category: Property Law | Date: | Hits: 80

MR Trading Co. Vs. Superintendent Engineer and others, 2004, 33 CLC (HCD)

....is that they already paid the plaintiff entire money of the work done by him and there was no bill outstanding with them. 5. Their further case is that entire work of earth filling of 168 acres of land was divided into 10 groups. Of them, work of seven groups was first given to the plaintiff. The......days. Ed. This Case is also Reported in: 56 DLR (2004) 470. ......rict Judge is directed to hear and dispose of the suit by 27‑7‑04, positively. Send down the lower Court's record within three days. Ed. This Case is also Reported in: 56 DLR (2004) 470. ..

Category: Civil Law | Date: | Hits: 73

Chitta Ranjan Mistry and others Vs. Radheshyam Mistry and others, 2002, 31 CLC (HCD)

....by Manada Sundari in favour of defendant Nos. 1 and 2 was illegal, fraudulent, void, collusive and inoperative and the said deed created no right, title and interest of the said defendant in the suit land. 3. The plaint case, inter alia, was that the suit land measuring an area of 1.59 acres orig......ocate - For the Petitioners. AH Farooqui with AM Ruhul Quddus, Advocates - For the Opposite Parties. Civil Revision No. 2608 of 1991. Judgment MA Wahhab Miah J. -This Rule was issued calling upon opposite parties Nos. 1‑3 to show cause as to why the judgment and decree dated 26‑5‑......ny substance in the Rule. Accordingly, this Rule is discharged without any order as to costs. The impugned judgment and decree is maintained. Ed. This Case is also Reported in: 56 DLR (2004) 468...

Category: Property Law | Date: | Hits: 65

CQM Md. Ayub Ali Vs. Bangladesh, represented by the Secretary, Minis­try of Works & others, 1993, 22 CLC (HCD)

....petitioner is, that originally the suit plot was allotted by the Government to one Md. Zahoor under Memo. No.588‑AO, dated 12.6.62 followed by proper conveyance deed dated 16.1.1963 leasing out the land to him for a period of 99 years and transferring to him by hire purchase the house built thereo......y. In the result, the Rule is discharged but without any order as to costs. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 746. ......' list of Gazette notification as the abandoned property. In the result, the Rule is discharged but without any order as to costs. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 746. ..

Category: Property Law | Date: | Hits: 81

Abdur Rahman (Md.) & another Vs. Government of Bangladesh and others, 2004, 33 CLC (HCD)

.... being Other Suit No.216 of 1975 against the Government of the People's Republic of Bangladesh (as principal defendant) and others on 2‑10‑1975 for a decree declaring their title in 0.20 acres of land of CS Plot No.3600 of Mouza Botardia. In that suit the three plaintiffs stated that their prede......suance of this Rule is hereby recalled and vacated. There is no order as to costs. Ed. This Case is also Reported in: 57 DLR (2005) 60. ......ed thereon. The order of stay granted at the time of issuance of this Rule is hereby recalled and vacated. There is no order as to costs. Ed. This Case is also Reported in: 57 DLR (2005) 60. ..

Category: Property Law | Date: | Hits: 113

Nur Kader (Md.) Vs. Commissioner of Customs & others, 2004, 33 CLC (HCD)

....ort" means respectively bringing into and taking out of, the provinces or the capital of the Federation or any Acceding State, if the federal legislature has power to make laws for such state by sea, land or air". 10. Now we are to see as to whether strict narrow meaning of the word "Import" as d...... other charges at the rate prevalent on the date of presentation of the bill of entry. Ed. This Case is also Reported in: 57 DLR (2005) 53. ......nt in question on assessment of the customs duties and other charges at the rate prevalent on the date of presentation of the bill of entry. Ed. This Case is also Reported in: 57 DLR (2005) 53. ..

Category: Fiscal/Taxation Law | Date: | Hits: 111

Abul Kashem Al-Asad Vs. Bangladesh, represented by the Secretary, Ministry of Land & others, 2004, 33 CLC (HCD)

....aintiff instituted Title Suit No.142 of 1991 in the Court of the Senior Assistant Judge, Sadar Sylhet impleading the opposite parties as defendants praying for declaration of title to second schedule land and recovery of khas possession therein. The plaintiff alleged that the first schedule land app......gh Court Division (Civil Revisional Jurisdiction) Present: Bijan Kumar Das J Abul Kashem Al-Asad………………………Petitioner Vs. Bangladesh, represented by the Secretary, Ministry of Land & others...............Opposite Parties Judgment June 22, 2004. Result:......or amendment of the written statement stands rejected. The order of stay granted at the time of the issuance of the Rule is hereby vacated. Ed. This Case is also Reported in: 57 DLR (2005) 51...

Category: Property Law | Date: | Hits: 71

Rafia Begum Vs. Afroza Bewa and others, 2004, 33 CLC (HCD)

....s Suit No.2 of 1994 dismissing the suit. 2. The appellant as plaintiff filed the above suit against original defendant Dr. GM Enamul Huq (now dead) for simple declaration of her title in the suit land described in the schedule of the plaint alleging, inter alia, that she was married with the ori......y of this judgment for information. Ed. This Case is also Reported in: 57 DLR (2005) 48. ......and decree appealed from is hereby affirmed. Send down the lower court’s records at once with a copy of this judgment for information. Ed. This Case is also Reported in: 57 DLR (2005) 48. ..

Category: Property Law | Date: | Hits: 63

A Halim (Md.) Vs. Mafijul Islam Tarafder alias Kalu and others, 2004, 33 CLC (HCD)

....o.121 of 1999 should not be set aside. 2. The case of the petitioner, in short, is that the petitioner instituted a suit for declaration of title and recovery of khas possession in respect of suit land in the Court of the Assistant Judge, Fulpur, Mymensingh being the Other Suit No.121 of 1999 in ...... Md. Rezaul Hoque, Advocate-For the Petitioner. Omar Ali Khan, Advocate-For the Opposite Parties. Civil Revision No.3640 of 2001. Judgment Abdus Salam Mamun J.- This Rule was issued calling upon the Opposite Party No.1, to show cause as to why the Judgment and decree dated 2‑5‑2001......y the learned Assistant Judge by his judgment and decree dated 2‑5‑2001 holding that the suit was bad for defect of parties, for non-­ descriptions of other co-sharer interests in 5.67 sataks of ejmali jote under 12 plots. Though there is no dispute about the deeds of the parties to the suit bu..

Category: Property Law | Date: | Hits: 80

Shahid Ali (Md.) and others Vs. Reza Mohammad & others, 2003, 32 CLC (HCD)

....oner and opposite party No. 1 expired and their heirs were duly brought on record. 3. Facts relevant for the purpose of disposal of this revisional application, in short, are that the case khatian land 1.10 acres in area belonged to opposite party Nos. 2 and 4 and another Tala Bux Biswas in equal......the Opposite Party. Civil Revision No. 8766 of 1991. Judgment Sk Rezowan Ali J.- On an application by the petitioner under section 115(1) of the Code of Civil Procedure a Rule was issued calling upon opposite party No. 1 to show cause as to why the Mentioned judgment and order dated 11‑3â......y. Communicate the order to the courts below at once. Also send down the lower Court's records with a copy of this judgment expeditiously. Ed. This Case is also Reported in: 57 DLR (2005) 39. ..

Category: Property Law | Date: | Hits: 79

One Bank Limited and others Vs. Chaya Developer (Pvt.) Limited and others, 2011, 40 CLC (AD)

....was contended that the pre­siding Judge was not authorised to pass the orders impugned. 5. The facts of the case in brief arc as follows: 6. The writ petitioner company proposed to develop the land of Plot No.8, Road No.104, Gulshan Model Town, Dhaka which belonged to writ respondent No. 4 Mo......e) week to make the appeal ready for expeditious hearing. Ed. This Case is also Reported in: VIII ADC (2011) 963.......hereafter, the respondents are directed to file the concise statement within 1 (one) week to make the appeal ready for expeditious hearing. Ed. This Case is also Reported in: VIII ADC (2011) 963...

Category: Civil Law | Date: | Hits: 59

Khokan Chandra Mondal and another Vs. Nanda Lal Mridha and another, 2010, 39 CLC (AD)

....l of the appeal are that the appellants (plaintiffs) institut­ed Title Suit No.45 of 1999 in the Court of Subordinate Judge, Satkhira for specific performance of contract in respect of 3.49 acres of land of Plot No.9879 of S.A. Khatian Nos. 2257 and 2292 out of 8.66 acres of land. Plaintiffs case i......d without any order as to costs. Ed. This Case is also Reported in: VIII ADC (2011) 926. ......fering with the concur­rent findings of fact of the Courts below. Accordingly, the appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: VIII ADC (2011) 926. ..

Category: Civil Law | Date: | Hits: 55

Roy Mohan Dey Vs. Jogesh Chandra Dey being died his legal heirs: Snehabala Dey and others, 2011, 40 CLC (AD)

....aintiff, insti­tuted Other Suit No. 35 of 1990 before the Court of Senior Assistant Judge, 3rd Court, Sadar, Chittagong for partition on declaration of title and recovery of posses­sion of the suit land described in the schedule to the plaint. 3. The case of the plaintiff, in short, was that he......e dismissed on con­test without any order as to costs. Ed. This Case is also Reported in: VIII ADC (2011) 921. ...... and decisions of the High Court Division and in the circum­stances this appeal be dismissed on con­test without any order as to costs. Ed. This Case is also Reported in: VIII ADC (2011) 921. ..

Category: Property Law | Date: | Hits: 49

Pulin Mahajan Vs. State, 2011, 40 CLC (AD)

.... A Division Bench of the High Court Division by judgment and order dated 2nd February, 2009 maintained the conviction and sentence. 3. According to the prosecution story, the victim got a piece of land by way of gift and though she was living with the informant in the same house but she had separ...... judgments of Courts below so far as it relate to the appellant's conviction are set aside. Ed. This Case is also Reported in: VIII ADC (2011) 982. ......it in this appeal. The appeal is allowed. The judgments of Courts below so far as it relate to the appellant's conviction are set aside. Ed. This Case is also Reported in: VIII ADC (2011) 982. ..

Category: Criminal Law | Date: | Hits: 81

Mohsena Begum Vs. Abdus Sattar being dead his heir Momtaz Begum, 1997, 26 CLC (HCD)

....-83 obtained by the defendant in Other Class Suit No.61 of 1983 of the 1st Court of Munsif, Dinajpur is collusive, fraudulent, inoperative and not binding upon him alleging, inter alia, that the suit land measuring 21 decimals in CS Plot No.923 under CS Khatian No.28 of mouza Balupari, PS Kotwali, D......(HCD) (1998) 29. ......Appeal No.127 of 1987 are affirmed. The order of stay granted earlier by this Court is vacated. Send down the case records at once. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 29. ..

Category: Property Law | Date: | Hits: 62