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Samerendra Samajpati and others Vs. Government of the People’s Republic of Bangladesh, 2012, 41 CLC (AD)

....r of the High Court Division. We do not find any merit in the leave petition. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: ......ation at mile No.168/16 to 168/18 under J. L. No.17, Mouza Sultan Mahmud, by the side of the Railway Track, from the Bangladesh Railway and was granted license on 28.10.1980 in respect of .91 acre of land for the period 14.04.1980 to 13.04.1981. Upon paying the dues he got possession of the land. Th..

Category: Property Law | Date: | Hits: 69

Most. Anwara Khatun Vs. Md. Ensab Ali Akand, 2012, 41 CLC (AD)

....tted to prepare the paper books out of Court in accordance with Rules. The order of status quo granted earlier be extended till disposal of the appeal. Ed. This Case is also Reported in: ......54 of 2001 dismissing the suit. 2. The petitioner as plaintiff filed Other Class Suit No.54 of 2001 before the Court of Assistant Judge, Tarash, Sirajganj for declaration of title of 2.27 acres of land and further declaration that the Deed No.8999 dated 24.11.1969 of Naogaon Sub-Registry office w..

Category: Property Law | Date: | Hits: 66

Government of Bangladesh and others Vs. Abdul Motaleb & others, 2011, 40 CLC (HCD)

....o.30 of 1977-78. The plaintiffs purchased the suit land from Lamio Matbar and had their names recorded in the Khatian between 1956 and 1963. In 1987 some of the defendants claimed that they had taken settlement of the suit land from the Government denying the title of the plaintiffs to the suit land......facts. 3. The facts, leading to the filing of these appeals, in short, are that Abdul Motaleb and 36 others as the plaintiffs instituted the instant suit for declaration of their title in the suit land described in the schedule to the plaint. The land covering an area of 43 acres appertaining to ..

Category: Property Law | Date: | Hits: 67

Government of Bangladesh and Others Vs. Md. Mosharraf Hossain, 2011, 40 CLC (AD)

....not find any error in the impugned judgment and order calling for interference by this Court. Accordingly, this petition is dismissed. Ed. This Case is also Reported in: 32 BLD (AD) (2012) 67.......eing the feeder post for promotion to the post have already been upgraded as Second Class Gazetted Officers. The moment the High Court Division passed the judgment and order, it became the law of the land in view of the provisions of article 111 of the Constitution unless the same was modified/set a..

Category: Employment/Service Law | Date: | Hits: 127

Rajdhani Unnayan Katripakkha (RAJUK) Vs. A.K.M. Abdul Hakim and Others, 2010, 39 CLC (AD)

....eable property. We find no substance in this petition, which is accordingly dismissed with cost of Tk. 10,000/- (ten thousand) only. Ed. This Case is also Reported in: 32 BLD (AD) (2012) 34. ...... Rule absolute. 2. The respondent filed the Writ Petition No.6642 of 2008 in the High Court Division stating, inter alia, that father of the respondents, namely, Abdul Hamid was allotted 5 kathas land of plot No.7, Road No.20, Block-J, Baridhara Residential Area, Dhaka by allotment letter dated ..

Category: Civil Law | Date: | Hits: 76

Azmal Khan Vs. Md. Afzal Khan and others, 2011, 40 CLC (AD)

....ame. We find no substance in the contention of Mr. Kamal-ul-Alam. The appeal is, therefore, dismissed without any order as to costs. Ed. This Case is also Reported in: 64 DLR (AD) (2012) 17. ...... December, 1958 by the Plaintiff and the defendants in respect of their ejmali property. Before execution of the partition deed, the plaintiff and his three brothers set up a petrol pump on a plot of land on taking lease which is the subject matter of the suit and the petrol pump was rented to a ten..

Category: Civil Law | Date: | Hits: 86

Abdus Sattar Bhuiyan Vs. Abdur Razzaque and another, 2011, 40 CLC (HCD)

....nected Civil Rule is accordingly disposed of. The trial Court is directed to dispose of the suit as expeditious as possible. Faruque Ahmed J.- I agree. Ed. This Case is also Reported in: ......re that the plaintiffs’ father Abdus Sattar Bhuiyan since deceased instituted Title Suit No.183 of 2006 before the fourth Court of Joint District Judge, Dhaka for declaration of title over the suit land as described in the schedule of the plaint. The plaintiff also filed an application under Order..

Category: Civil Law | Date: | Hits: 67

Ramjan Ali Mistry Vs. Md. Hedayelullah, 1978, 7 CLC (AD)

....td. Vs. Shri Ram Krishna Dalmia, AIR 1973 (SC) 425. In conclusion, we find no merit in this ap­peal, which is dismissed with costs. Ed. This Case is also Reported in: 31 DLR (AD) (1979) 183....... has become essential by this Court. 3. Whether the trial Court below, upon the finding that the trade licence of the tenant was in the name of Uni­versal Repairing Works and the assertion of the landlord that the tenant was carrying on the repair work of worn out materials in the suit premises,..

Category: Property Law | Date: | Hits: 87

Mullick Brothers Vs. Income Tax Officer and another, 1978, 7 CLC (HCD)

.... premises the appeal is allowed but without any order as to costs. The impugned demand notices are declared to be of no lawful authority. Ed This Case is also Reported in: 31 DLR (AD) (1979) 165....... which Mozammel Huq Bhuiyan, the learn­ed Counsel appearing for the Revenue, has supported the High Court order and seeks to maintain that the tax is payable is as follows:— “All taxes except land revenue, pay­able or liable under any law made before the commencement of this Order either by..

Category: Fiscal/Taxation Law | Date: | Hits: 122

Sonali Bank Vs. Mozaffor Hossain, 1997, 26 CLC (HCD)

....urnment on the ground of illness and 11-9-1979 was fixed for peremptory hearing. On 11-9-1979, defendant filed an application for adjournment for the purpose of realising plaintiffs claim on amicable settlement. Adjournment was allowed till 2-1-1981. The defendant in that way took adjournments on 20......t of Subordinate Judge, Barisal is set aside and the ex parte decree dated 30-7-1983 is maintained. Order of stay stands vacated. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 174. ..

Category: Procedural Law | Date: | Hits: 80

Abdur Rahim Vs. Arifur Rahman and others, 1997, 26 CLC (HCD)

....impugned judgment to call for any interference by this Court exercising revisional power. Send down the lower Court records at once. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 166.......nce of contract in the 2nd Court of the Subordinate Judges Chittagong being Other Suit No.32 of 1983, alleging, inter alia, that the defendants entered into an agreement with him for sale of the suit land measuring 44 decimals of land at a consideration of Taka 55,000.00 and in pursuance of the said..

Category: Procedural Law | Date: | Hits: 68

Ihteshamur Rahman Vs. Masuda Khatun and others, 1998, 27 CLC (HCD)

....ire land was purchased by one Hariram Dhar in an auction sale about 60 years ago and since then he had been owning and possessing the same. Subsequently, the said Hariram concluded an amicable family settlement dated 20-4-1928 by a registered instrument in respect to the suit property along with the...... of 1984, which was subsequently re-numbered as Title Suit No.258 of 1992, praying for declaration of title and recovery of the Khas possession in the suit property alleging, inter alia that the suit land along with other lands originally belonged to Naik Goala and accordingly, the CS record was pre..

Category: Property Law | Date: | Hits: 66

Amena Khatun and others Vs. Md. Afsaruddin being dead his heirs 1(ka) Maleka Khatun and others, 1997, 26 CLC (HCD)

....down the lower Court records immediately. Cost assessed by the lower Court in respect of the share of the suit land is maintained. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 156. ......itle Suit No.22 of 1967 against the predecessor of present petitioner and opposite party Nos. 2-19 for partition and recovery of khas possession after ascertaining the plaintiffs’ title to the suit land which is an undivided dwelling house. 3. The plaintiffs’, case, in short, is that one Abdu..

Category: Property Law | Date: | Hits: 63

Bainchitala Islamia Junior Madrasha Vs. Md. Abdur Rashid & others, 1997, 26 CLC (HCD)

....rs for the first time have come up with an application under Order I rule 10 of the Code stating that their father was a Borgadar under the Bainchitala Madrasha and on his death they have taken Borga settlement of the suit land from the aforesaid Madrsha. It is alleged that on the death of their fat......tioner as plaintiff instituted Title Suit No.16 of 1081 for declaration that the petitioner is the successor of the defunct Baichitola Islamia Junior Madrasha and for declaration of Title to the Suit land appended to the plaint, in the Court of the Subordinate Judge, Jessore which was registered as ..

Category: Property Law | Date: | Hits: 55

Abul Kashem Vs. AKM Golam Mostafa and others, 2009, 38 CLC (HCD)

....ated. Office is directed to send down the records of this case at once with a copy of Judgment for information and necessary action. Ed This Case is also Reported in: 62 DLR (HCD) (2010) 44. ...... Judgment, have been heard together and are being disposed of by this Judgment. 2. Short facts leading to these Rules are that on 1-4-1999 opposite party Nos.5-6 as pre-emptors claiming as holding lands contiguous to the land transferred instituted Miscellaneous Case No.17 of 1999 under section 9..

Category: Administrative Law | Date: | Hits: 230

Director General, Bangladesh Railway and others Vs. Sher-e-Bangla Market Dokander Bohumukhi Samobaya Samity Ltd., 2012, 41 CLC (AD)

.... appreciation of the facts and circumstances of the case. We do not find any merit in the leave petition. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: ......are that the respondent No.1, a co-operative society, filed writ petition against the refusal of the writ respondents (petitioner herein) for not executing and registering the sale deed in respect of land measuring 2.575 acres within Mouja Brahman Chiran, C.S. Plot Nos.130 and 131 under Police Stati..

Category: Civil Law | Date: | Hits: 70

Kazi Liakat Ali and others Vs. Chairman, Civil Aviation Authority and another, 2003, 32 CLC (HCD)

....harged. The order of stay granted by this Court at the time of issuance of the Rule is hereby vacated. We however, make no order as to costs. Ed. This Case is also Reported in: 56 DLR (2004) 595.......harged. The order of stay granted by this Court at the time of issuance of the Rule is hereby vacated. We however, make no order as to costs. Ed. This Case is also Reported in: 56 DLR (2004) 595...

Category: Employment/Service Law | Date: | Hits: 125

Al Baraka Bank Bangladesh Ltd. Vs. Rina Alam and another, 2004, 33 CLC (HCD)

....ffirmed. The bank is directed to return the schedule document within seven days of receipt of this judgment. Send down the LCR at once. Ed. This Case is also Reported in: 56 DLR (2004) 588.......d Exhibit 1 to 7 while those of the defendant bank marked Exhibits A to O. The plaintiff as PW 1 testified in support of the plaint case. She stated that she became owner in possession of the suit land by deed No. 788 dated 8­-9‑72 comprising of plot No.77, Road No. 24, Gulshan, Dhaka. She did..

Category: Civil Law | Date: | Hits: 109

Abdul Mazid Khan and others Vs. Ali Howlader and others, 2003, 32 CLC (HCD)

....e learned Subordinate Judge, Bhola in Title Suit No. 104 of 1982 is set aside. Communicate the order at once to the learned Court below. Ed. This Case is also Reported in: 56 DLR (2004) 587. ...... for simple declaration of title and, as such, the order appointing a receiver should be set aside in the interest of justice. The learned Advocate also submits that in view of the fact that the suit land being a vast area, unspecified and undemarcated land, the order appointing receiver is evidentl..

Category: Civil Law | Date: | Hits: 89

Abdur Rashid Chowdhury Vs. Additional District Judge and others, 2003, 32 CLC (HCD)

....by directed to proceed with the suit by issue of the summons/notice however, in accordance with law, expeditiously. Communicate at once. Ed. This Case is also Reported in: 56 DLR (2004) 573. ......espondent Nos. 22 and 3 herein) as property developers entered into an agreement dated 30‑10‑85 with the plaintiff and his brother, Abdul Hamid Chowdhury for purchase of more or less 1.5 acres of land comprising of Holding No. 43, New Eskaton Road, Dhaka at a consideration of Taka 11,00,00,000 (..

Category: Others | Date: | Hits: 185