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Aftab Ali Sheikh (Md.) Vs. Director, Land Records and others, 2006, 35 CLC (HCD)
.... declared to have been made and passed illegally and without lawful authority and to be of no legal effect. 2. Facts giving rise to this Rule Nisi, briefly, may be put thus: That 0.54 acres of land of DP Plot No. 3539 of 4532 of DP Khatian No. 975 of Mouza Sannayasgachi, PS Keshobpur District......and to be of no legal effect. The stay granted earlier by this court is hereby vacated. Ed. This Case is also Reported in: 58 DLR (2006) 397.......ade and passed illegally and without lawful authority and to be of no legal effect. The stay granted earlier by this court is hereby vacated. Ed. This Case is also Reported in: 58 DLR (2006) 397...Category: Property Law | Date: | Hits: 62
Nasima Akhter Banu Vs. Abu Taher Masud and others, 2006, 35 CLC (HCD)
....y, the suit was transferred in the Second Court of Joint District Judge, Cox's Bazar wherein it was re-numbered as Partition Suit No. 39 of 1999. 3. The plaintiffs case, in brief, is that the suit land originally belonged to Golam Nabi Sowdagar from whom she inherited her respective share in the ......¦â€¦â€¦â€¦â€¦â€¦â€¦â€¦â€¦â€¦â€¦â€¦â€¦â€¦..Petitioner Vs. Abu Taher Masud and others.................................Opposite Parties. Judgment May 16, 2006. Cases Referred to- Managing Committee NMC Model High School and others Vs. Obaidur Rahman, 31 DLR (AD) 133; Nur Banu Vs. Noo......ed earlier by this Court is hereby vacated. Communicate the order at once with a copy of the judgment for information and necessary action. Ed. This Case is also Reported in: 58 DLR (2006) 370. ..Category: Procedural Law | Date: | Hits: 99
Alauddin (Md.) Vs. State and others, 2005, 34 CLC (HCD)
.... of learned Magistrate, 1st Class, Sadar Chittagong under section 144 of the Code of Criminal Procedure against the opposite parties stating that the petitioner is the owner and possessor of the case land and he has constructed a tin-shed house where he is dealing grocery business in the name and st......t ask for any adjournment until it is required on emergency. Communicate the order at once. Ed. This Case is also Reported in: 58 DLR (2006) 364.......in that dale and also agreed that they will not ask for any adjournment until it is required on emergency. Communicate the order at once. Ed. This Case is also Reported in: 58 DLR (2006) 364...Category: Criminal Law | Date: | Hits: 55
Firoz Hossain Shah (Md.) Vs. State, 2005, 34 CLC (HCD)
....n though Artha Rin Execution Case No. 8 of 2002 from the Court of Artha Rin Adalat No.1 Rangpur. On a persual of the schedule of the complaint it appears accused petitioner mortgaged several acres or land to the Bank. In 1990 BLD (AD) 141 it has been decided that if it is found to be disclosed civil......pur is quashed. Communicate this order at once. Send down the lower Court records at once. Ed. This Case is also Reported in: 58 DLR (2006) 361. ...... in the Court of Magistrate, First Class, Rangpur is quashed. Communicate this order at once. Send down the lower Court records at once. Ed. This Case is also Reported in: 58 DLR (2006) 361. ..Category: Criminal Law | Date: | Hits: 46
Nil Sen Singh Vs. Radha Mohan Singh and others, 2006, 35 CLC (HCD)
....irst Court, Mouivibazar, for partition of his 2/3 rd share out of 2.782/3 acres in the schedule properties. 3. The case of the plaintiff, in short, is that Babu Ram Singh was the owner of the suit land who died leaving 4 sons, namely, Brojadhon, Kunjaya, Raja Singh and Nimai Singh as his heirs; t...... LCR at once. Ed. This Case is also Reported in: 58 DLR (2006) 329. ......tle Suit No. 2 of 2003 is set aside. The judgment and decree dated 30-1-2003 of the trial Court is affirmed. Send down the LCR at once. Ed. This Case is also Reported in: 58 DLR (2006) 329. ..Category: Property Law | Date: | Hits: 75
Noorjahan Ahmed and others Vs. Tarifuddin Ahmed, 2003, 32 CLC (HCD)
.... is void, illegal and not binding upon the plaintiff as it was obtained by non-service of summons and notices upon the defendants of Other Suit No. 105 of 1983. It was further continued that the suit land appertaining to Khatian No. 472 plot No. 6742 measuring an area of 15225 acres out of 34250 acr...... cost. Send down the records at once. Ed. This Case is also Reported in: 58 DLR (2006) 326.......ps for reconstruction of the record of the other suit No. 105 of 1983. There shall be no order as to cost. Send down the records at once. Ed. This Case is also Reported in: 58 DLR (2006) 326...Category: Property Law | Date: | Hits: 83
Abdul Ahad Vs. State and another, 2005, 34 CLC (HCD)
....istrate to draw proceeding against the 2nd party Abdul Ahad and others under section 144 of the Code of Criminal Procedure with a prayer to restrain the accused-petitioner from entering into the case land which was ultimately converted to a Miscellaneous proceeding under section 145 of the Code of C......ong with LCR be sent to the concerned Court below at once for information and necessary action. Ed. This Case is also Reported in: 58 DLR (2006) 311.......l run concurrently. Let a copy of the order along with LCR be sent to the concerned Court below at once for information and necessary action. Ed. This Case is also Reported in: 58 DLR (2006) 311...Category: Criminal Law | Date: | Hits: 60
Mansur Ali Howlader Vs. Nurul Islam Howlader, 2004, 33 CLC (HCD)
....Hossain Howlader (since deceased) as plaintiff filed Title Suit No. 285 of 1971. in the Court of the Subordinate Judge, Barisal for declaration of title against the opposite parry Nos. 17-22 over the land described in the schedule of the plaint contending, inter alia, that one Omesh Chandra Hajra, t......eipt of this order. Ed. This Case is also Reported in: 58 DLR (2006) 304, 26 BLD (HCD)(2006) 53.......ppeal in accordance with law and to dispose of the appeal within 6(six) months from the date of receipt of this order. Ed. This Case is also Reported in: 58 DLR (2006) 304, 26 BLD (HCD)(2006) 53...Category: Property Law | Date: | Hits: 81
Kabir Ahmed Sawdagar Vs. Md. Syed Saifuddin Jaheed and others, 2006, 35 CLC (HCD)
....2 for declaration of title, separate possession and partition in the First Court of Subordinate Judge, Sadar, Chittagong. 3. The short facts relevant for the purpose Of this case are that the suit land belonged to Md. Ibrahim and RS khatian was prepared in his name who died leaving 3(three) sons ......his Case is also Reported in: 58 DLR (2006) 277, 26 BLD (HCD) (2006) 388. ......aside and the original suit being Miscellaneous Appeal No. 76 of 1992 be restored to its original file and number. Ed. This Case is also Reported in: 58 DLR (2006) 277, 26 BLD (HCD) (2006) 388. ..Category: Property Law | Date: | Hits: 115
State Vs. Harun Chowdhury, District Magistrate and Mostafa Kamal, SP Sylhet, 2005, 34 CLC (HCD)
....y this Hon'ble Court. From the material evidence on record and from Affidavits submitted by the contemners, we find that they have committed contempt of Court which is punishable under the law of the land. 8. Before we decide upon the affidavits tendering unconditional apology, what seems very st...... are warned to be careful in future. Ed. This Case is also Reported in: 58 DLR (2006) 267.......tafa Kamal, Superintendent of Police, Sylhet are exonerated from the charge of contempt of Court and they are warned to be careful in future. Ed. This Case is also Reported in: 58 DLR (2006) 267...Category: Civil Law | Date: | Hits: 1272
Abi Abdullah (Md.) and others Vs. Government of Bangladesh, 2005, 34 CLC (HCD)
....ondent No.1 should not be declared to have been made without lawful authority and is of no legal effect and why a direction should not be issued upon the respondents to accept rents in respect of the lands of petitioners. 2. Pending hearing of the Rule, the operation of the impugned memo dated 29...... made absolute so far as it relates to the petitioners without any order as to costs. Ed. This Case is also Reported in: 58 DLR (2006) 250. ...... petitioners are concerned. In the result, the Rule is made absolute so far as it relates to the petitioners without any order as to costs. Ed. This Case is also Reported in: 58 DLR (2006) 250. ..Category: Property Law | Date: | Hits: 99
Abdul Mannaf (Md.) Vs. Md. Sohrab Ali Akand & others, 2005, 34 CLC (HCD)
....al, Mymensingh in Miscellaneous Case No. 49 of 2000 (pre-emption) disallowing the pre-emption. 2. The case of the pre-emptor-appellant opposite party Md. Sohrab Ali, in brief, is that the disputed land belonged to opposite party No. 2 Haji Md. Kazimuddin Akand who sold the same measuring 10 decim......costs. Send down the LC Records at once. Ed. This Case is also Reported in: 58 DLR (2006) 242. ......th the impugned judgment and order. Accordingly, the Rule is discharged without any order as to costs. Send down the LC Records at once. Ed. This Case is also Reported in: 58 DLR (2006) 242. ..Category: Property Law | Date: | Hits: 91
Alimuddin and others Vs. Abdul Kabir and others, 2003, 32 CLC (HCD)
....sary for the purpose of the Rule is that the petitioners as plaintiffs instituted Partition Suit No. 195 of 1985 before the Subordinate Judge, Kishoreganj seeking partition of their share in the suit land. The suit on transfer to the Assistant Judge, Kishoreganj was re-numbered as Partition Suit No.......nj for compliance. Ed. This Case is also Reported in: 58 DLR (2006) 240....... with the appeal in accordance of law. Send down a copy of this judgment to the learned Joint District Judge, Kishoreganj for compliance. Ed. This Case is also Reported in: 58 DLR (2006) 240...Category: Procedural Law | Date: | Hits: 93
Golap Vs. Md. Abdul Hakim & others, 2002, 31 CLC (HCD)
....ourt may seem fit and proper. 2. Before the issuance of the Rule delay of 29 days was condoned. The plaintiff-opposite party filed the suit for declaration of title and khas possession of the suit land with an additional prayer for partition. The contesting defendant filed written statement denyi......volved: Abdul Hoque, Advocate—For the Petitioner. Not represented— the Opposite Parties. Civil Revision No. 374 of 1999. Judgment Salma Masud Chowdhury J.- This rule was issued calling upon the opposite parties Nos. 1-4 to show cause as to why the portion of impugned order dated 6......al Court is directed to proceed with the suit and the suit as against the deceased defendant No. 3 Rasullah alias Abdur Rashid stands abated. Ed. This Case is also Reported in: 58 DLR (2006) 227...Category: Procedural Law | Date: | Hits: 106
Tahera Begum and others Vs. Mizanur Rahman (Md.) and others, 2004, 33 CLC (HCD)
....s of deceased defendant No. 232 Jalal Patwari. 13. Meanwhile, said Mohsin Khan took steps for partition and the advocate commissioner appointed submitted his report effecting partition of the suit land. The Court accepted the report in due course and made the preliminary decree final on 25- 7-01.......pposite Parties. Judgment March 16, 2004. Case Referred to- Amimdlah Bhuiyan and others Vs. Abdul Hafiz and others, 1981 BCR (AD) 131 = 33 DLR (AD) 282. Lawyers Involved: Joynal Abedin, Advocate—For the Petitioners Mojibur Rahman, Advocate—For the Opposite Parties. Civil ...... in Title Suit No. 12 of 2002 staying all further proceedings of Title Execution Case No. 1 of 2002 is hereby set aside. Communicate at once. Ed. This Case is also Reported in: 58 DLR (2006) 224...Category: Property Law | Date: | Hits: 72
Rafique Ullah (Md) Vs. Badsha Alam and others, 2005, 34 CLC (HCD)
....iscellaneous Case No. 12 of 1998 in the Court of the learned Senior Assistant Judge, Begumgonj, Noakhali under Section 96 of the State Acquisition and Tenancyt Act praying for pre-emption of the case land alleging, inter alia, that they are co-sharer tenants in the case jote by way of inheritance as......eferred to- Abdul Wahab Vs. Samad Ali, 33 DLR (AD) 113. Lawyers Involved: Md. Abul Kalam Chowdhury, Advocate—For the Petitioner. Md. Khalilur Rahman Bhuiyan with Mohammad Mofazzal Hossain, Advocates—For the Opposite Parties. Civil Revision No. 5491 of 2002. Judgment Sheikh ......e-emption is maintained. The order of stay earlier granted by this Court stands vacated. Send down the lower Court's records at once. Ed. This Case is also Reported in: 58 DLR (2006) 221. ..Category: Property Law | Date: | Hits: 67
Badel Alam Howlader Vs. Falu Dewan and others, 2004, 33 CLC (HCD)
....his Court and obtained the instant Rule. 2. Facts necessary for disposal of the Rule, briefly stated, are as under the plaintiff-appellants-opposite party Nos. 1 and 2 were allotted 40 decimals of land under Khatian No. 1, Plot No. 190 at Mouza Haluaghat, District Mymensingh by way of settlement ...... (Civil Revisional Jurisdiction) Present: Zubayer Rahman Chowdhury J Badel Alam Howlader…………..…. Defendant-Respondent-Petitioner Vs. Falu Dewan and others…...............Plaintiff-Appellant-Opposite-Parties. Judgment February 11, 2004. Cases Referred to- 1 MLR......ly within a period of 3 (three) months from the date of receipt of this order. Communicate the order and send down the lower Court records. Ed. This Case is also Reported in: 58 DLR (2006) 218. ..Category: Property Law | Date: | Hits: 66
Afil Jute Mills (Pvt) Ltd. and others Vs. Bangladesh, 2006, 35 CLC (HCD)
....mortgaged all its assets, movable and immovable properties including its machinery etc to respondent No. 3 bank as security for the loan. The petitioner company also mortgaged 50 (fifty) acres of its land worth Taka 23,12,50,000 and buildings, plants and machinery etc. worth Taka 80,07,37,000 as sec......charged for the above reasons without any order as to costs. Ed. This Case is also Reported in: 58 DLR (2006) 207, 26 BLD (HCD) (2006) 361. ...... Rule and it must fail. In the result, the Rule is discharged for the above reasons without any order as to costs. Ed. This Case is also Reported in: 58 DLR (2006) 207, 26 BLD (HCD) (2006) 361. ..Category: Civil Law | Date: | Hits: 125
Ziaul Hoque Chowdhury (Md.) Vs. State and another, 2005, 34 CLC (HCD)
....permission to submit charge-sheet against all the accused persons, that in the memo of evidence the investigating officer observed that Mofizur Rahman had dispute with the deceased over 4 decimals of land and that as per his order the occurrence took place. The learned Magistrate after consideration......sions Judge is directed to proceed with the case in the light of the observations made above. Ed. This Case is also Reported in: 58 DLR (2006) 193. ......order is set aside. The learned Additional Sessions Judge is directed to proceed with the case in the light of the observations made above. Ed. This Case is also Reported in: 58 DLR (2006) 193. ..Category: Criminal Law | Date: | Hits: 49
Government of Bangladesh represented by the DC, Comilla Vs. Md. Eakub and others, 2004, 33 CLC (HCD)
.... others.................................................................Respondents. Judgment March 25, 2004. Cases Referred to- Howell Vs. Falmouth Boat Construction Ltd, [1951] 2 All England Reports 278; Delhi Cloth and General Mills Ltd Vs. Union of India, AIR 1987 SC 2414; Howell Vs.......mmad Ali, Additional Attorney-General with Md. Ferozur Rahman Assistant Attorney-General—For the Appellant (In First Appeal No. 293 of 1999). Naima Haider. Assistant Attorney-General—For the Ministry of Industries. Mahmudul Islam with AQM Shafiullah, Mohammed Ali Jinnah, Advocates—For R......Industries is now obliged to return the money received in respect of schedule-1 (kha) property to the plaintiff. Send down the LCR at once. Ed. This Case is also Reported in: 58 DLR (2006) 176. ..Category: Property Law | Date: | Hits: 159
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