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Sk. Helal Uddin and another Vs. State, 2010, 39 CLC (HCD)

....ective appellants. The office is directed to send down the L.C. Records immediately. Ed. This Case is also Reported in: 16 MLR (HCD) (2011) 286, 16 BLC (HCD) (2011) 444, 8 LG (2011) HCD 342. ......of properties of Tk.1,40,36,461.19 + Tk. 19,49,541= Tk. 1,59,86,002.19 without any basis. 4. By misusing the power and with the aid of appellant No. 1, appellant No.2 illegally acquired a piece of land measuring 7.50 khatas appertaining to plot No. 242, Block-B in Basundhara Residential Area and ..

Category: Criminal Law | Date: | Hits: 108

Abdul Jalil Khondaker & others Vs. Mohd. Mokan & others, 1988, 17 CLC (HCD)

....hat except the suit water reservoir there was no water reservoir within the vicinity for service as aforesaid. The plaintiffs al­leged that the defendants Nos.1-4 were giving out that they had taken settlement of the suit reservoir and their names have been recorded in the S.A. Khatian without any ......en statements. Their case is that the suit plot No.3143, 3144, 3146 of Khatian No. 504 of Mohalla Talihaor, Sylhet Town are low lying ditches. They originally belonged to Khan Ba­hadur Estate. These lands along with other lands were settled with Sudanshu Mohan Das. The plain­tiff No.1 of the prese..

Category: Property Law | Date: | Hits: 58

Tajidullah & others Vs. Sona Miah & others, 1986, 15 CLC (HCD)

....ill be at liberty to amend the pleadings and adduce fresh evidence, if so desire. There will be no order as lo costs of this appeal. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 223.......2.4.73 and 2.3.73 respectively. 2. The facts of case are that respondent No.1 Sona Miah filed Title Suit No.1 of 1970 in the 1st Court of Sub-Judge, Sylhet for declaration of his title in the suit land measuring 5.75 acres and recov­ery of khas possession by removing all obstruc­tions such as t..

Category: Property Law | Date: | Hits: 66

Jn. Md. Saleh Ahmed Khan Vs. Government of Bangladesh & others, 1989, 18 CLC (HCD)

.... without jurisdiction and without lawful authority. In the result, the Rule Nisi is made absolute but without any order as to costs. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 210.......the samity and had it registered under No.106 dated 16.2.79 with the then Assistant Registrar of Co-operative Socie­ties. It has 513 members. The samity has raised Tk. 8,12,000/- as subscription for land and raised another Tk. 51,300/- as share money. The samity has constructed shops, buildings, ro..

Category: Civil Law | Date: | Hits: 87

Begum Lutfunnessa Vs. The Government of Bangla­desh represented by the Secre­tary, Ministry of Works, Dhaka & others, 1989, 18 CLC (HCD)

....tioner may avail of any other alternative remedy as advised. The Rule is, therefore, discharged but without any order as to costs. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 193. ......1 under the heading "Motijheel Commercial Area" shall not be declared to have been passed without any lawful authority and to be of no legal effect. 2. The petitioner staled that she purchased the land measuring .70 acres with a two-storied residen­tial house at holding No.10/1, Toynbee Circular..

Category: Property Law | Date: | Hits: 171

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

....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. ......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..

Category: Property Law | Date: | Hits: 58

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

....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. ......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..

Category: Criminal Law | Date: | Hits: 77

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

....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.......­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..

Category: Property Law | Date: | Hits: 49

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

....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. ...... 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..

Category: Property Law | Date: | Hits: 51

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

....heir presence. Kamaluddin along with Gulzar and Ruhul were present in the talk. But neither Gulzar nor Ruhul was examined. 32. DW 3 Golam Mowla however stated that at the time of talk for sale and settlement of price, he along with preemptor No. 1 (Kamal) along with Gulzar and Ruhul were present.......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..

Category: Property Law | Date: | Hits: 71

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

....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. ......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..

Category: Property Law | Date: | Hits: 80

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

....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. ......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..

Category: Civil Law | Date: | Hits: 73

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

....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.......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..

Category: Property Law | Date: | Hits: 65

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

.... made in the writ petition and denied the allegations made in the affidavit‑in­-opposition. 7. Mr. MI Faruqui, the learned Advocate appearing for the petitioner, has submitted that the Court of settlement has exceeded its jurisdiction in assuming the jurisdiction as a civil Court and acted as ......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..

Category: Property Law | Date: | Hits: 81

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

....n 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 predecessor Hari Prashanna Ghosh got settlement of the suit land from the landlord but that in the SA Khatian the said land was wrongly r...... 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..

Category: Property Law | Date: | Hits: 113

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

....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. ......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..

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)

....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.......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..

Category: Property Law | Date: | Hits: 71

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

....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. ......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..

Category: Property Law | Date: | Hits: 63

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

....ounds taken by the petitioner are that the Courts below failed to see that the predecessors of the plaintiff petitioner obtained the land by way of inheritance from their father and that the amicable settlement deed was not challenged or disputed by the defendants and also that the Courts below fail......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 ..

Category: Property Law | Date: | Hits: 80

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

....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. ......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..

Category: Property Law | Date: | Hits: 79