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Sukendra Bikas Das and others Vs. Anil Baran Das and others, 2010, 39 CLC (AD)

....pare the paper book out of court in accordance with rules. The order of stay granted earlier be extended till disposal of the appeal. End. This Case is also Reported in: VIII ADC (2011) 764. ......aces in connection with his service, he failed to attend during B.S. survey at home. Taking advantage of his absence, the defendants managed to record their names, which clouded his title in the suit land. Mohendra Lal Das trans­ferred to his wife Josoda Kumari, .80 acre keeping only .56 acre, whic..

Category: Property Law | Date: | Hits: 74

Jiban Chandra Sarkar Vs. Md. Rafizuddin Bepary and others, 2011, 40 CLC (AD)

....sh Chandra Sarkar, son of Purna Chandra Sarkar got saham of the said 29 decimals of land upon amicable partition. Paresh tried to dispossess Nepal by denying his Korfa pattan. Thereafter, through the settlement of well wishers Paresh executed a kabala on 05.05.1955 but he without registering the sam......plaintiff instituted Title Suit No.11 of 2001 in the Court of Assistant Judge, Singair, Manikganj for declaration that RS record was wrong and also for partition contending, inter alia, that the suit land belonged to Rashu Pramanik and others. Aditya Pramanik was the tenant under them. Aditya being ..

Category: Property Law | Date: | Hits: 66

Md. Anwar Hossain and other Vs. Mosammat Hoshneara Begum alias Putul, being dead her heirs:-Kamrul Islam and others, 2011, 40 CLC (AD)

....t and order dated 28-29/10/2008 passed by the High Court Division in Civil Revision No.625 of 1995 is stayed till disposal of the appeal. Ed. This Case is also Reported in: VIII ADC (2011) 744. ......2. The predecessors of respondent Nos.1 (a) to 1(c), 2 and 3 as plaintiffs insti­tuted Title Suit No.75 of 1984 in the Court of Senior Assistant Judge, Barisal for dec­laration of title to the suit land. Subsequently by amendment of the plaint the plaintiffs prayed for recovery of khas possession...

Category: Property Law | Date: | Hits: 83

Noni Gopal Das and others Vs. Dinesh Chandra Das and others, 2011, 40 CLC (AD)

.... order and as such, the same does not call for interference by this Court. Accordingly, the petition for leave to appeal is dismissed. Ed. This Case is also Reported in: VIII ADC (2011) 739. ......t the deed described in schedule 'Ka' to the plaint was false, forged, not acted upon and not binding upon him. 3. The plaint case, in short, was that Narayan Chandra Das transferred 1.60 acres of land including the suit land to the plaintiff and his nephew Dilip Kumar Das by a kabala dated 04.07..

Category: Property Law | Date: | Hits: 62

Md. Hossain Ahmed Vs. Bangladesh House Building Finance Corporation and another, 2011, 40 CLC (AD)

....tance in the submissions of Mr. Quamrul Islam Siddique, so in the leave petition. Accordingly, the leave petition is dis­missed. Ed. This Case is also Reported in: VIII ADC (2011) 721. ......angladesh House Building Finance Corporation Order, 1973 (P.O. No.7 of 1973) against the petitioner for realization of an amount of TK. 8,95,690.25 as on 31.12.1998 along with interest by selling the land along with the building standing thereon as fully described in the schedule to the applica­tio..

Category: Civil Law | Date: | Hits: 108

Rafiqul Hossain @ Ranaesh and another Vs. Lal Mohan Saha and others, 1991, 20 CLC (HCD)

....trial Court passed the order of the attachment of the property. 9. In the result, the Rule is made absolute. No order as to costs. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 718. ......t found that the petitioners violated the order of injunction on 13 Bhadra and 15 Bhadra 1388 BS and the opposite party 1 (P.W.1) got the information from his borgader ldris Ali P.W.2 who went to the land and the petitioners told him that that they would not obey the order of the Court. P.W.6 Abdur ..

Category: Criminal Law | Date: | Hits: 90

AKM Haroon‑or‑Rashid & another Vs. AKM Mostafa Kamaluddin and others, 2001, 30 CLC (HCD)

....suit land was shown at Taka 25,000 only. 3. The plaintiffs’ case, in short, is that the suit property belonged to the Government, Abdul Khaleque Dhali, plaintiffs' predecessor-in-interest, took settlement of the same by registered lease deed dated 29‑9‑1965. Abdul Khaleque Dhali paid all p......1998 for declaration of title, recovery of possession and for cancellation of a sale deed dated 6‑2‑90 impleading the petitioners and others as defendants. In the plaint the valuation of the suit land was shown at Taka 25,000 only. 3. The plaintiffs’ case, in short, is that the suit proper..

Category: Civil Law | Date: | Hits: 68

Abdus Sattar Pramanik (Md) and another Vs. State and another, 2003, 32 CLC (HCD)

....r of stay granted at the time of issuance of the Rule is hereby recalled. Communicate a copy of this order to the Court concerned at once. Ed. This Case is also Reported in: 56 DLR (2004) 453.......€‘5‑2000 now pending in the Court of Magistrate, 1st Class, Bogra, should not be quashed. 2. The facts relevant for disposal of this Rule, briefly stated, are that the petitioners inherited some landed property from their grandfather. Borim Pramanik, one other successor of said Borim Pramanik r..

Category: Criminal Law | Date: | Hits: 62

Hafez (Md.) Bazlur Rahman and others Vs. Bangladesh represented by the Secretary, Ministry of Law, Justice and Parliamentary Affairs and others, 2004, 33 CLC (HCD)

....2002, 832 of 2003, 728 of 2003, 2014 of 2003 and 2562 of 2003, therefore, have no substance and are discharged without any order as to costs. Ed. This Case is also Reported in: 56 DLR (2004) 444....... of area to perform his functions. In view of the aforesaid rule, it cannot be said that Government has unfettered power to appoint someone of their choice as Nikah Registrar for an unlimited area of land within the jurisdiction of Bangladesh. Furthermore, other provisions of the said Rules also sti..

Category: Civil Law | Date: | Hits: 70

Air Marshal Jamaluddin Ahmed (Retd) Vs. Government of Bangla­desh and others, 2004, 33 CLC (HCD)

....idavit-in-opposition that after clearing of the audit objection a charge-sheet was submitted against him in a corruption case involving purchase of Mig‑29 aircrafts. This case resulted in the non-­settlement of his pension benefit which cannot be done till he is acquitted from the said case (Anne......and appreciate the Constitutional position of the defence services in its proper perspective, a brief look into its historical back round may be educative. 14. A thousand years ago, the King of England was himself the Commander-in-Chief of his armed forces, he was the head of the civilian governm..

Category: Employment/Service Law | Date: | Hits: 148

Mozibar Rahman Molla (Md) and another Vs. Rehazuddin and others, 2003, 32 CLC (HCD)

....ons made in this judgment. Send down a copy of this judgment along with the Lower Courts Record to the trial Court at once for compliance. Ed. This Case is also Reported in: 56 DLR (2004) 427.......nstituted Miscellaneous Case No.16 of 1996 under section 96 of the State Acquisition and Tenancy Act, 1950 before the Senior Assistant Judge, Rupganj, Narayanganj for pre‑emption of .04 ½ acres of land in Plot No. 653 appertaining to SA Khatian No.140 of Mouja Vulta under police station Rupganj w..

Category: Property Law | Date: | Hits: 98

Mokbul Ahmed Vs. Shamsul Rashid and others, 1996, 25 CLC (HCD)

....in Civil Revision No.250 of 1991 for stay has become infructous and the same is, accordingly, discharged without any order as to costs. Ed. This Case is also Reported in: 49 DLR (HD) (1997) 18. ......by a Deed of Mortgage dated 5th Aswin, 1319 BS. The said Helimullah had 4 sons who were having independent income of their own and in order to redeem the mortgage Helimullah proposed to sell the case land at a consideration of Taka 1500.00 and they agreed to purchase the same and in pursuance thereo..

Category: Trust/Waqf Law | Date: | Hits: 165

Abu Bakkar Siddique Vs. Justice Shahabuddin Ahmed and others, 1996, 25 CLC (HCD)

.... of the Constitution for preferring an appeal before the Appellate Division against our judgment. There will be no order as to costs. Ed. This Case is also Reported in: 49 DLR (HD) (1997) 1. ......so be reasonably connected with the main act. But the Court held that the words 'purported' to hold office' take effect soon after taking oath of office. He has also referred to Halsbury's Laws of England, Vol. 1, 4th Edition, para 173 which provides that an information in the nature of quo-warranto..

Category: Constitutional Law | Date: | Hits: 200

Government of Bangladesh and others Vs. Mohammad Alamgir Hossain and others, 2011, 40 CLC (AD)

.... the respondents are also directed to file concise statements by 3rd April, 2011. The appeals are fixed for hearing on 25th April, 2011. Ed. This Case is also Reported in: VIII ADC (2011) 702. ......judgment and order dated 2nd November, 2009 of this Division in Civil Petition No.1441 and 1442 of 2009. Plaintiff’s case in short is that by succes­sive devolution they acquired title in the suit land and that government who has no right, title and interest therein are try­ing to dispossess the..

Category: Property Law | Date: | Hits: 57

Mosammat Manikjan Bibi Vs. Md. Jalil alias Abdul Jajil and others, 2011, 40 CLC (AD)

....nd reversed the judgment and order passed by the appellate Court. We find no substance in this petition which is accordingly dismissed. Ed. This Case is also Reported in: VIII ADC (2011) 695. ....... The pre-emptor filed Pre-emption Case No.7 of 1993 under section 96 of the State Acquisition and Tenancy Act in the Court of the Joint District Judge, 3rd Court, Comilla, seeking pre-emption of the land shown in schedule No.1 to the petition for pre-emp­tion. In that pre-emption petition, she all..

Category: Property Law | Date: | Hits: 58

Government of Bangladesh and another Vs. Monwarul Alam and others, 2011, 40 CLC (AD)

....rder dated the 2nd March, 2010 passed by the High Court Division in Civil Revision No.1737 of 1996 is stayed till disposal of the appeal. Ed. This Case is also Reported in: VIII ADC (2011) 679. ......and pro-forma respondent Nos.3 and 4 for declaration that the initiation of V.P. Case No.9 of 1984 (KDA) and issuance of the notice dated 27.09.1984 directing them to surrender possession of the suit land were illegal, void and without jurisdiction and for mandatory injunction to restore back posses..

Category: Property Law | Date: | Hits: 54

Md. Shamsul Hoque Vs. Md. Jabbar and another, 2011, 40 CLC (AD)

....epare the paper book out of court in accordance with Rules. The order of stay granted earlier be extended till disposal of the appeal. Ed. This Case is also Reported in: VIII ADC (2011) 673. ......r declaration and partition against the pres­ent petitioner Md. Shamsul Hpque and others. The plaint case of the plaintiffs, in short, was that one Md. Chulai was the original owner of 2.07 acres of land as described in the schedule of the plaint. Md. Chulai acquired that land by purchase from one ..

Category: Property Law | Date: | Hits: 76

Shaki Md. Shoaib and others Vs. Md. Kashem Ali Bhuiyan and others, 2011, 40 CLC (AD)

.... Court Division which shows that he has accepted the decree passed by the High Court Division. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: VIII ADC (2011) 668. ......Bangladesh was also impleaded as defen­dant No.2 in view of the provisions of President's Order No.142 of 1972. 3. The plaint case, in short, was that defen­dant No.1 being the owner of the suit land offered the plaintiffs to purchase the same at a consideration of TK. 31,42,500.00 at the rate ..

Category: Property Law | Date: | Hits: 72

A. Rahman Lasker and other Vs. Abul Kalam and other, 2011, 40 CLC (HCD)

....he plaintiff as disclosed that the suit land originally recorded in S.A. Khatian No.1 as Government khas land. The previous original owners of suit plot no. 1020 settled 10.00 acres of land by way of settlement dakhilas in favour of the plaintiffs and since then the plaintiffs have been possessing t....... 30 of 1995 in the Court of learned Senior Assistant Judge, Sadar Faridpur against the defendants praying for decree of declaration of title. Further case of the plaintiff as disclosed that the suit land originally recorded in S.A. Khatian No.1 as Government khas land. The previous original owners ..

Category: Administrative Law | Date: | Hits: 199

Bangladesh Legal Aid and Services Trust Vs. Bangladesh and others, 2007, 36 CLC (HCD)

....we find no merit in this Rule. In the result the Rule is discharged without any order as to costs. Tariq ul Hakim J.- I agree. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 203. ......ferred to his wife. A lease deed for 99 years was accordingly executed between the wife of the petitioner and the DIT on 3.9.77. On 11.10.1995 the wife of the petitioner transferred the said piece of land to her son and daughter who duly authorised the petitioner to represent their case by executing..

Category: Property Law | Date: | Hits: 135