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Kulsum Banu Bibi and another Vs. Abdul Jobbar Bhuiyan and others, 2009, 38 CLC (AD)

....on. In the premises we do not find any merit in the leave petition. Accordingly, the petition for leave to appeal is dismissed. Ed. This Case is also Reported in: 19 BLT (AD) (2011) 180. ...... 3. The plaintiff-appellant hereof filed the Title Suit No.28 of 2004 in the Court of Senior Assistant Judge, Kashba, Brahmanbaria, praying for a decree for simple declaration of title in the suit land. 4. The trial court on consideration of the materials and evidence on record dismissed the s..

Category: Property Law | Date: | Hits: 94

Nurun Nahar Khan Vs. Monsur Rahman being dead his heirs: 1(a) Md. Mahbub Rahman (Mohon) and others, 2009, 38 CLC (AD)

.... the High Court Division upon correct assessment of the materials on record arrived at a correct decision. The petition is dismissed. Ed. This Case is also Reported in: 19 BLT (AD) (2011) 176.......ned Senior Assistant Judge, Natore Sadar, Natore against the opposite party No.1 and the predecessor of the opposite party No.2 for Specific Performance of Contract stating, inter alia, that the suit land originally belonged to Md. Monsur Rahman, the predecessor-in-interest of the defendant Nos.1-2...

Category: Property Law | Date: | Hits: 70

National Engineers Ltd. Vs. Director, Military Lands and Cantonment Directorate and others, 1991, 20 CLC (HCD)

....ondents in issuing notices? Our answer is in the negative. For the above discussion, the Rule is discharged. No order as to costs. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 144. ......the relevant facts of the cases of both the petitioner and the respondents M/s Allenberry & Co. sometime in 1942-43 for setting up a factory for manufacturing of drums got lease of 12.50 acres of land from the then Ministry of Defence and set up a factory on the lease‑hold land and subsequentl..

Category: Property Law | Date: | Hits: 92

Taslimuddin alias Tasir and others Vs. State, 1991, 20 CLC (HCD)

....lias Tasir, Nawshad Ali, Mafazzal Hossain and Abdus Salam be set at liberty forthwith, if not wanted in connection with any other case. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 136.......ent out in search of his father and on the way at about 8‑00 PM he saw Nawshed, Fazlur Rahman and Tasiruddin passing away quickly through the pathway. Because of previous enmity and litigation over landed property with them, the informant's brother became suspicious about their movement. The infor..

Category: Criminal Law | Date: | Hits: 76

Bangladesh and others Vs. Abdul Aziz, 2011, 40 CLC (HCD)

.... suit property including other properties till 2001 to the government . It is further stated that the suit property was wrongly recorded in the filed khatian in the name of the government during last settlement survey which created cloud in the title of the plaintiff over the suit property. As such ......h had no issue and thus Moezuddin @ Darag Ali became owner of the suit property; that SA khatian was rightly recorded in the name of the Darag Ali @ Moezuddin; that the plaintiff got some of the suit land mutated in his name in SA khatian and that he paid rent of the suit property including other pr..

Category: Procedural Law | Date: | Hits: 72

Arefa Bewa and others Vs. Alekjan Bewa & others, 2009, 38 CLC (HCD)

....discharged without any order as to cost. The decrees of the Courts below are hereby affirmed. Send down the lower Court records at once. Ed. This Case is also Reported in: 16 BLC (2011) 888. ......s defendant Nos. 32-34 contested the suit by filing a written statement denying the material facts of the plaint. 4. The learned Munsif, Second Court, Bogra decreed the suit in respect of the suit lands described in schedule 1 (ka) and 1 (Gha) against which the petitioners preferred partition app..

Category: Property Law | Date: | Hits: 72

Md. Enayetur Rahman and others Vs. The Government of People’s Republic of Bangladesh and others, 2011, 40 CLC (HCD)

....emptory hearing on 22.06.2010, the petitioner Nos.1 to 7 filed an application under section 21 of the Artha Rin Adalat Ain, 2003 (shortly, the Ain, 2003) before the Adalat for disposal of the case by settlement conference. The said application was rejected by the Adalat on the ground that section 21......ted earlier by this court stands vacated. Communicate the judgment to respondent No.2 at once. Md. Emdadul Huq J. - I agree. This Case is also Reported in: 64 DLR (HCD) (2012) 116. ..

Category: Civil Law | Date: | Hits: 147

Subodh Ranjan and others Vs. State, 1993, 22 CLC (HCD)

....nd they are acquitted of the charges. The accused appellants be set at liberty at once if not wanted in connection with any other case. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 521.......nd they are acquitted of the charges. The accused appellants be set at liberty at once if not wanted in connection with any other case. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 521...

Category: Criminal Law | Date: | Hits: 75

Ansar Ali Vs. Yeasin Mea and others, 1993, 22 CLC (HCD)

....acated. The learned trial Court is hereby directed to conclude the trial expeditiously preferably within 3 (three) months from date. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 517.......levant is, that the petitioner being plaintiff instituted the aforesaid Other Class Suit No.273 of 1988 in the Court of Assistant Judge, Sadar Nowabganj on 6.9.88 for declaration of title in the suit land and also for a declaration that the defendants have got no right, title and interest in the sui..

Category: Procedural Law | Date: | Hits: 68

Abdur Rahim Vs. Momotaz Begum and others, 2011, 40 CLC (HCD)

....rected to proceed with the case in accordance with law. Communicate the order at once. Jahangir Hossain J.- I agree. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 96.  ...... shown to have been executed by him in favour of the defendants, is fraudulent, inoperative, without consideration and for setting aside the said deed alleging that the plaintiff was the owner of the land as described in the schedule of the plaint. He was an old man of 90 years and he was suffering ..

Category: Limitation Law | Date: | Hits: 219

Saijuddin Molla Vs. Abdur Rahman and others, 2011, 40 CLC (HCD)

....n Pre-emption Miscellaneous Case No.21 of 2003 is set-aside. Let a copy of this judgment along with lower Court's record be sent down at once. Ed. This Case is also Reported in:   ......licant filed Miscellaneous (Pre-emption) Case No.21 of 2003 under section 96 of the State Acquisition and Tenancy Act in the Court of Senior Assistant Judge, Sadar, Manikganj for pre-empting the case land as described in the application stating that he was a co-sharer to the case jote by inheritance..

Category: Property Law | Date: | Hits: 62

Kazi Abdul Awal Zewar Rashid Vs. Dhaka Municipal Corpora­tion and another, 1990, 19 CLC (HCD)

....t his report within fifteen days from appointment. The stay granted earlier is thereby vacated. Communicate this order at once. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 509. ...... investigation to ascertain the suit property. 2. The petitioners as plaintiff instituted Title Suit No.581 of 1985 in the 1st Court Subordinate Judge, Dhaka for declaration of Title in respect of land measuring 672 ajutangshu at CS Plot No.101 of CS Khatian No.7337 under Mouza Shahar, PS Sutrap..

Category: Property Law | Date: | Hits: 71

Khapan Bittahin Co-operative Society Ltd. Vs. Nagendra Mahisya Das, Secretary, Nijkurua Matsyajibi Samabaya Samity Ltd. and others, 1991, 20 CLC (HCD)

....y this Court making the Rule absolute Writ Petition No.2551 of 1990. 2. The case of the petitioner (respondent No.4 in & said Writ Petition) is as follows: The review petitioner was granted settlement of Sarai Beel Fishery for 1397 BS to 1399 BS at the rent of Tk. 4,200.00 per year by an o......der obtained by fraud to stand. In the case of Muhammad Idris Khan Vs. Haji Erfanuddin reported in 9 DLR 601 it was held that the fact that an application for review of an ex parte order granting the landlord permission to sue the tenant for eviction was made beyond 30 days from the date of the orde..

Category: Civil Law | Date: | Hits: 87

Yunus Mia (Md.) and others Vs. Secretary, Ministry of Public Works & Urban Development, Government of Bangladesh and others, 1991, 20 CLC (HCD)

....ion under Article 102 of the Constitution. In view of our aforesaid discussion, we discharge the Rule without any order as to costs. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 498.......ent in Writ Petition No.1004 of 1980 and other petitioner as incorporated in the judgment and order dated March, 11, 1982. 2. The facts relevant for disposal of this Rule are that the petitioner's land appertaining to CS Plot Nos. 1007, 545 and 238 of Mouza Kafrul and CS Plot Nos. 330, 332, 348, ..

Category: Property Law | Date: | Hits: 79

Nurul Islam Vs. Morshedul Alam and Others, 2011, 40 CLC (AD)

....laint and contended, inter alia, that Md. Putan and his sons Ali Hossain and Ali Akbar acquired 14 drones of land out the suit land recorded under C. S. Khatian No.217 and R.S. Khatian No.2 by way of settlement from Fazal Kabir Khan in Der-Jote right and possessed the same in khas and then transferr......assed by the Second Court of Subordinate Judge (now Joint District Judge), Chittagong in Partition Suit No.03 of 1969 decreeing the suit. 2. The case of the plaintiffs, in short, is that the suit land measuring 17 drones, 5 kanis, 1 gonda and 1 kara as described in schedules to the plaint origin..

Category: Property Law | Date: | Hits: 116

Ms. Ok-Kyung Oh, Dhaka Vs. Tea Hung Packaging (Bd) Ltd. and Others, 2011, 40 CLC (AD)

....d judgment and order. In the result, the appeal is dismissed. There is no order as to cost. Ed. This Case is also Reported in: 17 BLC (AD)(2012) 1, 32 BLD (AD) (2012) 16; 9 ADC (2012) 472. ......n Matter No.150 of 2005 was pending before this Division. This shows that appellant wanted to have a favourable order by-passing the legal procedure as stipulated in the Act as well as the law of the land. In view of the discussions made hereinbefore, the question as formulated in point No.III o..

Category: Company Law | Date: | Hits: 235

Professor Golam Azam Vs. Government of Bangladesh and others, 1992, 21 CLC (HCD)

..... 153. I, therefore, having agreed with the Judgment delivered by BI Chowdhury, J make the Rule absolute. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 423. ......of November, 1971 he went to Lahore for attending his party's central working committee meeting and on the 3rd of December, 1971 the petitioner was returning to Dhaka by plane but the plane could not land at Dhaka Airport because of the war and as such the plane at first landed at Colombo and as the..

Category: Immigration and Citizenship Law | Date: | Hits: 343

Safar Ali Miah & others Vs. Badsha @ Siddique & others, 1993, 22 CLC (HCD)

....ned is directed to proceed with the execution case. In the facts and circumstances of the case there will be no order as to costs. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 483. ...... 3. The petitioners instituted Title Suit No.57 of 1968 on 14.3.68 in the 2nd Court of Munsif at Narayangonj for permanent injunction restraining the opposite‑parties from entering into the suit land and the suit was dismissed on contest on 31.5.1969 but on appeal, being Title Appeal No.196 of ..

Category: Civil Law | Date: | Hits: 100

Habibullah (Md.) and others Vs. Bangladesh and others, 2007, 36 CLC (HCD)

.... In light of the above, this Court finds substance in the Rule. In the result, the Rule is made absolute. There is no order as to costs. Ed. This Case is also Reported in: 16 BLC (2011) 794. ...... pass such other or further order or orders passed as to this Court may seem fit and proper. At the time of the issuance of the Rule the parties were directed to maintain status quo in respect of the land as described in the schedules to the notices issued to the Petitioners namely, 6.73 acres of la..

Category: Property Law | Date: | Hits: 104

Government of Bangladesh Vs. M Anwar Hossain and others, 2011, 40 CLC (AD)

....tioner Nos.3-8 and 17 inherited the remaining land. During the last survey operation the disputed property was recorded in the name of the Government but on appeal by AKM Bashir Ahmed and others, the settlement officers directed for correction of the record-of-rights and a separate Khatian was prepa......usly. Respondent Nos. 1-4 instituted Writ Petition No. 7242 of 2009 seeking a direction upon the petitioners to mutate the record-of-rights "upon incorpora­ting change of the ownership/possession of lands pursuant to the registered sale deed No.1997 dated 11-2-2009 (Annexure-A) exe­cuted by respon..

Category: Property Law | Date: | Hits: 68