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University Grants Commission and another Vs. University of Information Technology and Science and another, 2012, 41 CLC (AD)

....ty Grants Commission (respondent No.2)" is stayed for a period of two months from date. Ed. This Case is also Reported in: 17 MLR (AD) (2012) 161; 17 BLC (AD) (2012) 84; 32 BLD (AD) (2012) 169. ...... Rajshahi campus on 2 April, 2006 and Chittagong campus on 26 April 2007. The requirements for application were fulfilled as per law. The law requires that a Private University should have 5 acres of land (2, 16,000 square feet). As it is now impossible to find this quantum of land in any urban area..

Category: Others | Date: | Hits: 197

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

....land and possessed the said land in ejmali along with the co-owners of the remaining 26 decimals of lands CS Dag No.3123 and also the co-owners of CS Dag Nos.3134 and 4223, subsequent­ly by amicable settlement Kazi Shamsul Huda and others owned and possessed the entire 16 annas land in Dag No.3123 ......ha, the petitioners both in Civil Petition Nos.1498 and 1499 of 2007 and respondent No.1 in Civil Petition No.1333 of 2008. On the averments that in CS Dag No.3123 Altabuddin owned 05-decimal of viti land in Khatian No.1590, Kafiluddin owned 05-decimals of land in CS Khatian No.1591, Ukiluddin owned..

Category: Property Law | Date: | Hits: 76

Atahar Ali Sarder & others Vs. State, 1978, 7 CLC (AD)

....hase from the prosecution witnesses an admission in their cross-examination." In the result, therefore, this appeal is dismissed. Ed. This Case is also Reported in: 31 DLR (AD) (1979) 227. ......uring the cross-examination they introduced artificial varia­tion in their testimony so as to destroy the value of the evidence. The reason is not far to seek because deceased Sohrab Sardar had some land disputes with his step-brother, the accused appellant Nos. 1 and 2 and these disputes had led t..

Category: Criminal Law | Date: | Hits: 107

Hafizuddin Ahmed and another Vs. Mahbubul Huq and others, 1983, 12 CLC (AD)

....owed. The judgment and decree of the High Court Divi­sion is set aside and that of the trial Court is restored. No order as to costs. Ed. This Case is also Reported in: 35 DLR (AD) (1983) 174. ......ring remand of the plaintiffs-appellants' suit for declaration of title and recovery of khas possession. 2. This arises from Title Suit No 201 of 1963 of the 3rd Court of Munsif, Comilla. The suit land, which appertained to C.S. Plots Nos. 675 and 678 of Mouza Chatura, belonged to defendant No 2...

Category: Property Law | Date: | Hits: 58

Tahera Begum Vs. Farukh Meah, 1982, 11 CLC (AD)

.... the Muslim Family Laws Ordinance, 1961. In the result therefore this appeal is dis­missed but there will be no order as to costs. Ed. This Case is also Reported in: 35 DLR (AD) (1983) 170. ......on Council shall— (a) pay immediately the entire amount of the dower whether promt or deferred, due to the existing wife or wives, which amount if not so paid, shall be recoverable as arrears of land revenue; and (b) on conviction upon complaint be punishable with simple imprisonment whic..

Category: Family Law | Date: | Hits: 166

Abdur Rashid and another Vs. Abdul Barik and another, 1983, 12 CLC (AD)

....or the aforesaid reasons, the order of the learned Judge of the High Court Divi­sion is set aside and the appeal is allowed with costs. Ed. This Case is also Reported in: 35 DLR (AD) (1983) 162....... Suit No. 220 of 1968 in the Additional Court of Munsif, Kishoreganj, against the appellants, who were defendants No. 28 (Kha) and 28(Kha) and others for declaration that the auction sale of the suit lands held in Money Execution Case No. 233 of 1942 and 44 of 1943 were void, illegal and inoperative..

Category: Property Law | Date: | Hits: 67

Shafiqur Rahman and others Vs. Nurul Islam Chow­dhury and others, 1982, 11 CLC (AD)

....cessary to make any further observation in this regard. Order of the Court. By the majority judgments, the appeal is dismissed. Ed. This Case is also Reported in: 35 DLR (AD) (1983) 127. ......tagong. Facts stated by the appellants are that on a police report the Sub Divisional Magistrate, Cox's Bazer, drew up a procee­ding under section 145 of the Criminal Procedure Code, He attached the land invol­ved, and appointed Circle Officer (Revenue), Chakaria receiver of the same. Written stat..

Category: Others | Date: | Hits: 135

Abu Saber Aziz Mohammad and others Vs. Government of Bangladesh and others, 1976, 5 CLC (AD)

.... 1953 when the said char became fit for cultivation, the Government of East Pakistan started Settlement Case No 9/53-54 for settle­ment of the said char lands, that Appellant No.1 having applied for settlement of the land on behalf of all the appellants, the Khas Mahal Officer proposed to settle th......llowing a First Appeal against a decree of the trial Court and dismissing the suit brought by the appel­lants for declaration of their title and for confirmation of possession in some portion of the land in suit, described in Schedule 'A' to the plaint and for recovery of possession of the remainin..

Category: Property Law | Date: | Hits: 75

Abdul Mannan and others Vs. Kulada Ranjan Mowali and others, 1977, 6 CLC (AD)

....he basis of the amended provisions of sec­tion 87 of the State Acquisition and Tenancy Act. 6. It may be mentioned that some of the plots of lands of which the plaintiff are alleged to have taken settlement from the previous landlords, bad been, according to the plaint, correctly recorded in the......e appellants instituted the suit be­ing Title Suit No.30 of 1948 in the Second Court of the Subordinate Judge, Barisal, for a declaration of the plaintiffs' right, title and interest in the disputed lands as Karsha ten­ants and for confirmation of their possession in the said lands as well as for ..

Category: Property Law | Date: | Hits: 133

Md. Akram Ali Pk. and others Vs. Md. Yasin Ali and others, 2012, 41 CLC (AD)

....used by the public but in D.P. Khatian No.1076 the same had been wrongly recorded in the name of respondent Nos.3-5. It has further been alleged that the defendants respondents in connivance with the settlement officials have managed to get their names recorded in D.P. Khatian in respect of the suit...... however, always correctly appreciated as to what is meant by a change in the nature and character of the suit. For example, as in the present case, a simple suit for declaration of title to the suit land was converted following an alleged dispossession in the meantime, into a suit for recovery of p..

Category: Procedural Law | Date: | Hits: 100

M Fransis P Rojario alias Babu Vs. State, 2009, 38 CLC (HCD)

....ccused petitioners is hereby quashed. Communicate a copy of this Judgment to the Court concerned where the case is now pending at once. Ed. This Case is also Reported in: 62 DLR (HCD) (2010) 355.......rom 2003 to 2006 took a decision on 17-9-2006 to sell the property to out side in contravention of the constitution of the Society. On 18-10-2006 the accused petitioner No.1 and 3 sold 25.25 acres of land of the Society at Mouza Kandar within police station Mirpur to witness No.1, Saiful Alam for a ..

Category: Criminal Law | Date: | Hits: 86

Jahangir Alam Chowdhury (Md.) Vs. Zabun Nahar Chowdhurani and other, 2008, 37 CLC (HCD)

....st floor and the plaintiff along with his wife and children used to stay on the second floor and they were peacefully and harmoniously living there. Meanwhile after the lapse of about two years while settlement operation was going and the name of Dr. Md. Jahangir Alam Chowdhury was published in the ......are of the children the Salishdar came to a agreement to the effect that Dr. Md. Jahangir Alam will withdraw his divorce notice and the defendant No.2 Kamrun Nahar will make a gift of 31/2 decimal of land in the name of her husband Dr. Md. Jahangir Alam Chowdhury which was gifted to Kamrun Nahar by ..

Category: Family Law | Date: | Hits: 167

Asmatunnessa Khatun Vs. Bangladesh, 2004, 33 CLC (HCD)

....vables of the Deputy Commissioner at Dhaka as described in the schedule to the application within a week of receipt of this order positively. Ed. This Case is also Reported in: 56 DLR (2004) 612....... 95, which rejected a prayer of the decree‑holder for attachment of the movables of the judgment‑debtor, Deputy Commi­ssioner, Dhaka. 2. Short facts for the disposal of the Rule are that, the land of the petitioner was acquired long back on 25‑5‑67 in LA Case No. 41/64‑65. When the com..

Category: Procedural Law | Date: | Hits: 54

Arun Kumar Sutradhar and another Vs. The Joint District Judge, Artha Rin Adalat Comilla and another, 2010, 39 CLC (HCD)

.... case), if it is required. The office is directed to communicate the judgment to the concerned executing Court at once. Nazmun Ara Sultana J. - I agree. Ed. This Case is also Reported in: ......g loan from the bank and by concealing the said fact caused huge loss to the bank, but the executing Court without considering these facts had allowed the Miscellaneous Case releasing .98 ¾ acres of land, a portion of the mortgaged property. The respondent’s further case is that the executing Cou..

Category: Civil Law | Date: | Hits: 80

Abdus Salam Laskar Vs. Bangladesh and others, 2012, 41 CLC (HCD)

....s described in the schedule of the plaint. His case, in brief, is that the suit land originally belonged to defendant No.5 Dewan Nasrat Reza Waqf Estate. His (plaintiff’s) father Taiyab Laskar took settlement of the suit land on 5th Bhadra, 1349 by way of pattan from the said Dewan Nasrat Reza Waq......led by the plaintiff. 2. Petitioner Abdus Salam Laskar instituted Title Suit No.60 of 2001 in the Court of Senior Assistant Judge, Baniachang, Habiganj for declaration of title over 19.25 acres of land as described in the schedule of the plaint. His case, in brief, is that the suit land originall..

Category: Property Law | Date: | Hits: 78

Abdul Khaleque Miah Vs. Sheikh Amin Uddin, 2011, 40 CLC (HCD)

....9 of 1982 is hereby maintained. The order of stay passed at the time of issuance of the Rule is vacated. Send down the lower Courts’ records. Ed. This case is also Reported in:   ......herein opposite party No.2) entered into an agreement with the plaintiff Sheikh Amin Uddin and his wife Mst. Rabeya Khatun (herein opposite party Nos.1 and 3 respectively) for selling ten decimals of land appertaining to S.A. Khatian No.480, Plot No.3861 within Mouza Bania Khamar, Police Station and..

Category: Property Law | Date: | Hits: 99

Afruj Miah Vs. Jira Miah and another, 2011, 40 CLC (HCD)

....sult, the Rule is discharged. The stay granted at the time of issuance of the Rule is vacated. Communicate a copy of the judgment. Md. Rais Uddin J. - I agree. This case is also Reported in: ......gistrate, Bahubal, Habiganj on 2.11.1986 against opposite party No.1 Jira Miah stating, inter alia, that the opposite party along with his brothers were trying to take forcible possession of the case land (as described in the 1st and 2nd schedules of the miscellaneous case). He claimed title over th..

Category: Property Law | Date: | Hits: 53

AKM Waliullah and others Vs. Secretary, Ministry of Housing and Public Works and others, 2011, 40 CLC (HCD)

..... The connected Civil Rule is also discharged and the stay granted therein is vacated. Send down the lower Court’s record. Faruque Ahmed J.- I agree. Ed. This Case is also Reported in: ......ural justice. Under the facts and circumstances of the present case, the ouster clauses are not applicable and the civil Court is fully competent to adjudicate the issues and decide title of the suit land on that basis. 10. On the jurisdiction of civil Court, Mr. Mandal refers to the cases of Mo..

Category: Property Law | Date: | Hits: 78

Fazler Rahman Talukder Vs. Md. Mohsen Ali Talukder and another, 1982, 11 CLC (AD)

....Talukder was appointed as the mutwalli, defendant further showed that the plaintiff’s father and after him the plaintiff all along treated the land as mokarari jote right and realized rent from the settlement holder. In this connection defendant also referred to a decree in Title Suit No. 171 of 1...... of 1959 The question Involved in this ap­peal is whether the defendants held the suit property in occupancy right which is protec­ted or it is an under tenure holding. If it is found that the suit land appertains to an under tenure holding then the plaintiff mast succeed to recover possession by ..

Category: Property Law | Date: | Hits: 58

State Vs. Md. Faisal Alam Ansari and others, 2008, 37 CLC (AD)

....as stated above and the Jail Appeal is accordingly disposed of. Send down the lower Court records along with a copy of this judgment at once. Ed. This Case is also Reported in: ......section 323 of the said Code because of his finding that section 148 of the Penal Code was not attracted in the facts of the case for the reason that the appellants were in possession of the disputed land and used force only to enforce their right over the property. It was the complainant and his me..

Category: Criminal Law | Date: | Hits: 94