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Bangladesh Mukti Judda Kallyan Trust Vs. Nurul Hossain and others, 1990, 19 CLC (HCD)

....t that eviction was caused by the Government in exercise of the power under Ordinance 24 of 1970 namely, the provision of law authorizing the Government to take khas possession of the Government khas land by evicting trespassers. The Mukti Judda Kallayan Trust has nothing to do with the proceeding o...... Kallyan Trust…………………………………………Appellant Vs. Nurul Hossain and others……………………………………..Respondents Judgment December 18, 1990. Case Referred to- Abdul Jalil Munshi Vs. Abu Bakar Siddique, 35 DLR (AD) 42. Lawyers Involved: ......Title Suit No.12 in Title Suit No.12 of 1986 granting mandatory injunction against the appellant namely, Mukti Judda Kallayan Trust, defendant in the suit. 2. Facts leading to this, in short, are that the instant property which are few jute godown at Narayanganj being Municipal Holding No.150/152......Judgment December 18, 1990. Case Referred to- Abdul Jalil Munshi Vs. Abu Bakar Siddique, 35 DLR (AD) 42. Lawyers Involved: Md. Hannan with MA Rashid and M Khaled Ahmed, Advocates ‑ For the Appellant. Md. Nurul Huq with Shamim Khaled Ahmed Advocates ‑For the Respondent No.1. ..

Category: Property Law | Date: | Hits: 389

Md. Ismail and others Vs. State, 2011, 40 CLC (HCD)

....rgone with fine as stated above. Send down the L.C. R. along with the judgment to the courts below. Md. Ashraful Kamal J.- I agree. Ed. This Case is also Reported in:   ......…Petitioners Vs. The State ……………………………...Opposite party Judgment March 30, 2011. Lawyers Involved: Md. Abdul Kader Bhuiyan, Advocate-For the petitioners. Bashir Ahmed, Assistant Attorney General-For the opposite party. Criminal Miscellaneous Case No. 2...... to suffer rigorous imprisonment for 7 years with fine of Tk.1,000/- each, in default to suffer rigorous imprisonment for 3(three) months more should not be quashed. 2. Prosecution case, in short that on 6.11.2006 at 6.30 p.m. the convict-petitioners and another appeared in the pharmacy of one Mo...... and others ……………Petitioners Vs. The State ……………………………...Opposite party Judgment March 30, 2011. Lawyers Involved: Md. Abdul Kader Bhuiyan, Advocate-For the petitioners. Bashir Ahmed, Assistant Attorney General-For the opposite party. Criminal ..

Category: Criminal Law | Date: | Hits: 77

Md. Sharifullah Vs. State, 2011, 40 CLC (HCD)

....life and to pay a fine of Tk. 5,000/-, in default to suffer simple imprisonment for a further period of 1 (one) year. 2. The prosecution case, in brief, is that the informant had dispute regarding land property with his cousins (চাচাতো ভাই). That cousin used to threaten the info......ent immediately. Gobinda Chardra Tagore J. - I agree. Ed. This Case is also Reported in: ......ntencing him to suffer imprisonment for life and to pay a fine of Tk. 5,000/-, in default to suffer simple imprisonment for a further period of 1 (one) year. 2. The prosecution case, in brief, is that the informant had dispute regarding land property with his cousins (চাচাতো ভাই......ardra Tagore J. - I agree. Ed. This Case is also Reported in: ..

Category: Criminal Law | Date: | Hits: 73

Kalim Mollah @ Siddique and others Vs. State, 2011, 40 CLC (HCD)

....ty to cancel the bail, if the accused petitioners misuse in any way the privilege of bail. Communicate the order at once. AKM Zahirul Hoque J.- I agree. Ed. This Case is also Reported in: ...... State …………………………………………………………….Opposite party Judgment March 13, 2011. Lawyers Involved: SM Shafiqul Islam, Advocate-For the petitioners. Bashir Ahmed, Assistant Attorney General-For the Opposite party. Criminal Miscellaneous No. 28936 ...... dated 24.9.2001 under section 120(ka)/302/324/326/307/34 of the Penal Code read with section 3/4/5(ka) of the Explosive Substance Act, now pending before the Court of Chief Judicial Magistrate, Begerhat. 2. Prosecution case in short, inter alia, is that on 24.9.2001 one Ziaul Islam Panna lodged ......etitioners Vs. The State …………………………………………………………….Opposite party Judgment March 13, 2011. Lawyers Involved: SM Shafiqul Islam, Advocate-For the petitioners. Bashir Ahmed, Assistant Attorney General-For the Opposite party. Criminal ..

Category: Criminal Law | Date: | Hits: 80

Rajdhani Unnayan Kartipakkhya and others Vs. Dr. AK Shamsul Islam & others, 2003, 32 CLC (AD)

....ication under Article 102 of the Constitution stating, inter alia, that the respondents were allotted a residential plot in Road No. 3 being plot No.23 measuring 3 kathas 4 chataks and 25 sq. feet of land in sector No.9 of the Uttara Residential Model Town on 3-8-1984 by the petitioner No.1 and on p......missed. Ed. This Case is also Reported in: 63 DLR (AD) (2011) 129. ......luding the space for mosque as per lay out plan dated 12-2-89 Annexure 'B' to the writ petition. 2. The respondents filed an application under Article 102 of the Constitution stating, inter alia, that the respondents were allotted a residential plot in Road No. 3 being plot No.23 measuring 3 kath......oth the Petitions) Vs. Dr. AK Shamsul Islam & others... ……………………………Respondents (In both the Petitions) Judgment February 9, 2003. Cases Referred To- Bangalore Medical Trust Vs. BS Muddappa reported in AIR 1961 (SC) 1902; Giasuddin Vs. Dhaka Municipal Corp..

Category: Property Law | Date: | Hits: 92

Bangladesh Vs. Anisur Rahman and another, 2011, 40 CLC (AD)

....hakha-6/52-1/81/29 dated 12.01.1992, issued by the respondent No.3 to the predecessor of the petitioners and also seeking direction to the respondents to execute the lease deed in respect of bigha of land of plot No.346 in Tejgaon Industrial Area, Dhaka. Rule was issued in that writ petition and not......d. Zahirul Islam, Advocate-on-Record-For Respondent No.1. Not repre­sented-Respondent No.2. Civil Petition for Leave to Appeal No.234 of 2010. (From the judgment and order dated 04.08.2009 passed by the High Court Division in Review Case No.04 of 2009.) Order Nazmun Ara Sultana J. - ......e present petitioner No.1) filed the said application for review of the judg­ment and order dated 24.03.2009 passed in Writ Petition No.10371 of 2006. It was asserted in the said review application that the opposite party Nos.1 and 2 filed the Writ Petition No.10371 of 2006 against the respondent G......Civil) Present: Surendra Kumar Sinha J Md. Abdul Wahhab Miah J Nazmun Ara Sultana J Syed Mahmud Hossain J Bangladesh, repre­sented by the Secretary, Ministry of Housing and Public Works, Bangladesh Secretariat, Police Station-Ramna, Dhaka and oth­ers...........Petitioners Vs. ..

Category: Property Law | Date: | Hits: 85

Abdus Salam Vs. Hafez Ahmed and others, 2011, 40 CLC (AD)

....86 before the Court of Assistant Judge, Satkania against the pres­ent respondents for declaration of title, confirmation of possession and also for perpetual injunction in respect of 1.3875 acres of land out of 1.85 acres in 12 annas share which was fully described in the schedule to the plaint. Th......l 28, 2011. Lawyers Involved: AJ Mohammad Ali, Senior Advocate instructed by A.K.M. Shahidul Huq, Advocate-on-Record-For the Petitioners. Abdul Wadud Bhuiyan, Senior Advocate instructed by Giasuddin Ahmed, Advocate-on-Record-For Respondent Nos.1-19. Not repre­sented-Respondent Nos. 20-7......also for perpetual injunction in respect of 1.3875 acres of land out of 1.85 acres in 12 annas share which was fully described in the schedule to the plaint. The case of the plaintiffs, in short, is that the property in schedule to the plaint is a tank and the bank surrounding it which is popularly ...... Hafez Ahmed and others …………………………………………………………………….............Respondents Order April 28, 2011. Lawyers Involved: AJ Mohammad Ali, Senior Advocate instructed by A.K.M. Shahidul Huq, Advocate-on-Record-For the Petitioners. Abdul Wadu..

Category: Property Law | Date: | Hits: 77

Zakir Hossain and another Vs. Md. Yousuf Kabir and another, 2011, 40 CLC (AD)

....uit No.59 of 1994 and Money Suit No. 2 of 2002 both in the Court of the Subordinate Judge (Joint District Judge) Second Court, Dhaka. Title Suit No.59 of 1994 was for declaration of title to the suit land and for a further declaration that the plaintiffs were not bound by the judgment and decree dat......oners. M.I. Farooqui, Senior Advocate, instruct­ed by M. G. Bhuiyan, Advocate-on-Record-For the Respondent. Civil Review Petition No.90 of 2010. (From the judgment and order dated 6.5.2010 passed by the Appellate Division in Civil Petition for leave to appeal No.1359 of 2009). Order ...... 2 of 2002 both in the Court of the Subordinate Judge (Joint District Judge) Second Court, Dhaka. Title Suit No.59 of 1994 was for declaration of title to the suit land and for a further declaration that the plaintiffs were not bound by the judgment and decree dated 15.11.1979 passed in Title Suit N......……........................Petitioners Vs. Md. Yousuf Kabir and another………………………….... Respondents Order March 14, 2011. Lawyers Involved: Mahmudul Islam, Senior Advocate with Abdul Quayum, senior Advocate instructed by Syed Mahbubar Rahman, Advocate-on-Recor..

Category: Property Law | Date: | Hits: 72

AKM Mizanur Rahman and others Vs. The Chairman and Adminis­trator, Chittagong Municipal Corporation and others, 1991, 20 CLC (HCD)

....s approached the different authorities. The Chairman, Chittagong Development Authority wrote a DO letter to the Respondent 1 requesting not to take further step for construction of road over the said land of Chittagong Development Authority Avenue. As even after the said letter nothing was done to s......M Mizanur Rahman and others…………….Petitioner Vs. The Chairman and Adminis­trator, Chittagong Municipal Corporation and others..............Respondents Judgment July 4, 1991. Cases Referred To- Miah Fazal Din Vs. The Lahore Improvement Trust, 21 DLR (SC) 225. Lawyers In......s of no legal effect. 2. The Rule was issued at the instance of the petitioners 1 and 2. On the death of petitioner 2 an application for removing his name from this case was moved and an order to that effect was made by this Court earlier. 3. Petitioner 1 and other inhabitants of Chittagong Ci...... (Special Original Jurisdiction) Present: AM Mahmudur Rahman J Mahmudul Amin Choudhury J AKM Mizanur Rahman and others…………….Petitioner Vs. The Chairman and Adminis­trator, Chittagong Municipal Corporation and others..............Respondents Judgment July 4, 1991..

Category: Property Law | Date: | Hits: 58

Alauddin (Md.) and others Vs. Yusuf Ali and another, 1993, 22 CLC (HCD)

....re that the plaintiff opposing party instituted Title Suit No. 470 of 1984 against the defendant petitioners for permanent injunction restraining the defendant petitioners from entering into the suit land and from disturbing the plaintiff's peaceful possession of the same. The suit land belonged to ......osts. Communicate this order at once. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 328. ......l No.49/85 confirming the judgment and order dated 24.4.85 passed by Mr. MH Khan, Munsif Upazila Court, Bahubal in Title Suit No.476 of 1984. 2. The facts, as stated in the petition, in short are that the plaintiff opposing party instituted Title Suit No. 470 of 1984 against the defendant petitio......…………….Opposite Parties Judgment April 7, 1993. Cases Referred To- Serajul Islam Vs. Mizanur Rahman, 29 DLR (SC) 82. Lawyers Involved: Mihir Kanti Mazumder, Advocate- for the petitioners. SK Sinha, Advocate- for the opposite party. Civil Revision No.1003 of 1991..

Category: Property Law | Date: | Hits: 101

Nasirul Islam Vs. Bangladesh and others, 2011, 40 CLC (HCD)

....avour of Bangladesh Shilpa Bank, Pabna branch under section 33(7) of the Artha Rin Adalat Ain, 2003. 2. Petitioner’s case, in short, is that he was the lawful owner-in-possession of .06 acres of land appertaining to Khatian No.746, Plot No.105 at Muza East Eash Dair under Fatulla Police Station...... Sultana J.- I agree. Ed. This Case is also Reported in: ......others ……………….........Respondents Judgment January 27, 2011. The Artha Rin Adalat Ain, 2003 (Act No. VIII of 2003), section 33(7) The writ petition does not have any averment that the petitioner did not mortgage the property in favour of the respondent-bank, or statement whet............Respondents Judgment January 27, 2011. The Artha Rin Adalat Ain, 2003 (Act No. VIII of 2003), section 33(7) The writ petition does not have any averment that the petitioner did not mortgage the property in favour of the respondent-bank, or statement whether he was a party in the Ar..

Category: Civil Law | Date: | Hits: 85

Mohsin Kabir (Rupan) Vs. Government of the People's Republic of Bangladesh and others, 1991, 20 CLC (HCD)

....s the Court of Settlement in case No.422/87 (Ka‑126‑Sutrapur, Dhaka, by its judgment dated 19.9.88 declared that Khairunnessa is the rightful Bangladeshi owner of the said house property with the land and the property in question in the facts and circumstances of the case cannot be treated and e......Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 301. ...... হস্তান্তর করার জন্য নির্দেশক্রমে অনুরোধ করা হইল।” By the said order respondent No.2 informed the petitioner that as the Court of Settlement in case No.422/87 (Ka‑126‑Sutrapur, Dhaka, by its judgment dated ...... Bains and others Vs. Government of Bangladesh and others, 1987 BLD (AD) 121; Md. Ayub Vs. Bangladesh, BCR 1987 AD 350. Lawyers Involved: Abdul Basel Mazumder with Zainal Abedin, Advocates ‑ For the Petitioner. Syed Ziaul Karim, Advocate ‑ For the Respondent No.3. Writ Petition No..

Category: Property Law | Date: | Hits: 86

Fazlu Molla and others Vs. Shamsul Hoque Molla, 1993, 22 CLC (HCD)

....la and his wife and that suit was decreed in terms of the petition of compromise or solenama. That solenama provided that the present plaintiff relinquished his claim in respect of 1.04 acres of suit land of that Title Suit No.179 of 1965 and plaintiffs of that suit agreed to execute and register a ......tion) Present: Kazi Ebadul Hoque J Fazlu Molla and others.......................Appellants Vs. Shamsul Hoque Molla…………………….Respondent Judgment March 11, 1993. Cases Referred To- Rani Hemanta Kumari Vs. Midnapur Zamindari Co. Ltd., 24 CWN 177 (PC); Md. ldris......971 allowing the appeal and setting aside the judgment and decree dated 14.1.71 passed by the Munsif, 2nd Court, Gopalgonj in Title Suit No.135 of 1969. 2. The case of the plaintiff, in short, is that deceased Ganzer Molla, father of defendant Nos. 1 to 3 and his wife defendant No.4 filed Title S...... 11, 1993. Cases Referred To- Rani Hemanta Kumari Vs. Midnapur Zamindari Co. Ltd., 24 CWN 177 (PC); Md. ldris Mia Vs. Abdul Motaleb, 17 DLR 599. Lawyers Involved: Nurul Huq, Advocate ‑ For Appellants. Not represented ‑ the Respondent. Appeal from Appellate Decree No. 198 of 19..

Category: Property Law | Date: | Hits: 88

Buddhi Sankar Biswas Vs. Akbar Ali Sheikh, 1991, 20 CLC (HCD)

....itioner as plaintiff brought Title Suit No.339 of 1970 in the Court of Munsif, First Court, Kushtia against the present opposite parties as defendants for specific performance of contract of the suit land by way of reconveyance. The learned Munsif decreed the suit on contest by his judgment and decr......d. This Case is also Reported in: 44 DLR (HCD) (1992) 242. ...... petitioner of the revision case as no one appeared on behalf on the opposite parties. 3. By filing the present petition the petitioner (Opposite party in Revision Case No.1181 of 1980) contended that he being the opposite party in the Revision Case could not appear or could not be represented by......anik and others Vs. Md. Mokarram Hossain, 29 DLR (SC) 185; Mayajan Bibi Vs. Monohar Ali, 39 DLR 68; Arjun Singh Vs. Monindra Kumar, AIR 1964, 993; Bashir Begum Vs. Mian Abdul Rahman, PLD 1963 (WP) Lahore 408; Sher Muhammad and others Vs. Khuda Bux and another, PLD 1961 (Lab.) 579: AR lyer and others..

Category: Property Law | Date: | Hits: 90

Umme Hani Begum and others Vs. Ram Gopal Sarker and others, 2008, 37 CLC (HCD)

....istered kabala deed dated 16-4-1969 executed by the defendant Nos. 5-7 in favour of the predecessor of the defendant Nos.1-4 to be inoperative and not acted upon contending, inter alia, that the suit land belonged to the defendant Nos. 5-7 who transferred the same by an unregistered deed of gift in ......ants. Vs. Ram Gopal Sarker and others…………….plaintiff-Respondents. Judgment August 13, 2008. Lawyers Involved: Mahbubey Alam with Md. Mozammel Hossain, Samarendra Nath Biswas and Mahmuda Parvin, Advocates-For the Appellants. A Baset Majumder with M Sayeed Ahmed and Mak......tle Suit No. 344 of 1994 in the Court of Sub-ordinate Judge, 2nd Court, Narayanganj, for declaration of title by way of acquisition of title by adverse pos session and also for a further declaration that the registered kabala deed dated 16-4-1969 executed by the defendant Nos. 5-7 in favour of the p......is Case is also Reported in: 62 DLR (HCD) (2010) 17. ..

Category: Property Law | Date: | Hits: 74

Mahabub Alam Faruq (Md.) and another Vs. Bangladesh, 2009, 38 CLC (HCD)

....not be directed to mutate the names of the petitioners in the records of right by opening a separate Khatian in their names and to receive rents from the petitioners for .06 (point Zero Six) acres of land of CS khatian No.71 CS Plot No.971 SA plot No.274A Hal plot No.3389 of Mouza Gouripur, police S......adesh, represented by the Secretary, Ministry of Land and others..........Respondents. Judgment August 17, 2009. Lawyers Involved: Md. Abdul Haque, Advocate - For the petitioners. ARM Hasanuzzaman Assistant Attorney-General - For the Respondents. Writ petition No. 87 of 2008. Ju...... Shahidul Islam J.- This Rule Nisi was issued calling upon the respondents as to why they should not be directed to mutate the names of the petitioners in the records of right by opening a separate Khatian in their names and to receive rents from the petitioners for .06 (point Zero Six) acres of la.......Petitioners Vs. Bangladesh, represented by the Secretary, Ministry of Land and others..........Respondents. Judgment August 17, 2009. Lawyers Involved: Md. Abdul Haque, Advocate - For the petitioners. ARM Hasanuzzaman Assistant Attorney-General - For the Respondents. Writ pe..

Category: Property Law | Date: | Hits: 69

Saroj Kumar Sarker and others Vs. Manoj Kumar Sarkar, 2007, 36 CLC (HCD)

.... alias Moinal Sarker filed Partition Suit No.64 of 1986 in the Court of the Subordinate Judge, First Court, Manikgonj claiming a share therein stating that Monoj Kumar Sarker, a co-sharer in the suit land, has left for India and his share has become enemy property and the property requires partition......d. Rezaul Haque J Saroj Kumar Sarker and others ......................Petitioners. Vs. Manoj Kumar Sarkar………………………….Opposite Party. Judgment February 5, 2007. Cases Referred to- Ayesha Vs. Daleep A 1961 Raj 186, Geyer Vs. GA 1949 L 34; Rosamma Joseph Vs. PC......r(Rev) Manikgonj on behalf of Monoj Kumar Sarker alias Moinal Sarker filed Partition Suit No.64 of 1986 in the Court of the Subordinate Judge, First Court, Manikgonj claiming a share therein stating that Monoj Kumar Sarker, a co-sharer in the suit land, has left for India and his share has become en......o- Ayesha Vs. Daleep A 1961 Raj 186, Geyer Vs. GA 1949 L 34; Rosamma Joseph Vs. PC Sabastian, AIR 1996 Kerala 113. Lawyers Involved: Mahbubey Alam with Samarendra Nath Biswas, Advocates – For the Petitioners. Not represented- the Opposite Party. Civil Miscellaneous Case No. 8 of 200..

Category: Property Law | Date: | Hits: 68

Akbar Khan (Md.) Vs. Anti-Corruption Commission and others, 2010, 39 CLC (HCD)

....ngs, the Rule is made absolute without any order as to costs. Let a copy of this judgment be communicated to the Chairman of the ACC. Ed. This Case is also Reported in: 62 DLR (HCD) (2010) 20....... Md. Abu Tariq J Akbar Khan (Md.)………………………..Petitioner. Vs. Anti-Corruption Commission and others.......................Respondents. Judgment January 21, 2010. Cases Referred To- Habibur Rahman Molla Vs. State, 61 DLR 1; Anti-Corruption Commission Vs. Sheikh......ন্বিত জেলা কার্যালয়’ Rangamati directing the petitioner to submit his wealth statement addressed to the Secretary, Anti Corruption Commission within seven days of that notice. Upon an application by the petitioner under Article 102 of the Constitution a Rule Nisi ......upreme Court High Court Division (Special Original Jurisdiction) Present: Md. Imman Ali J Md. Abu Tariq J Akbar Khan (Md.)………………………..Petitioner. Vs. Anti-Corruption Commission and others.......................Respondents. Judgment January 21, 2010. ..

Category: Anti-Corruption Laws | Date: | Hits: 154

Capital Co‑operative Housing Society Ltd. Vs. Director, Land Records and Survey, Government of Bangladesh and others, 1993, 22 CLC (HCD)

....) and 2 respectively, passed under the Tenancy Rules, 1955 during the preparation and revision of record‑of‑rights under section 144 of the State Acquisition and Tenancy Act in respect of certain lands of mouza Uttarkhan within PS Tejgaon of the district of Dhaka. 2. Four plots of land bearin...... J.- This application under Article 102 of the Constitution by the petitioner, the Capital Co‑operative Housing Society Ltd., represented by its Chairman, calls in question two judgments and orders as at Annexures O and N of the two Revenue Officers, respondent Nos. 1(a) and 2 respectively, passed......tate Acquisition and Tenancy Act in respect of certain lands of mouza Uttarkhan within PS Tejgaon of the district of Dhaka. 2. Four plots of land bearing Nos. 881, 890, 893 and 894 recorded in CS Khatian No.138 (Annexure A‑1) and two plots of land bearing Nos. 878 and 879 recorded in CS Khatian......vision (Special Original Jurisdiction) Present: Naimuddin Ahmed J Mohammad Gholam Rabbani J Capital Co‑operative Housing Society Ltd.......................Petitioner Vs. Director, Land Records and Survey, Government of Bangladesh and others..............Respondents Judgmen..

Category: Property Law | Date: | Hits: 125

Bangladesh Road Transport Corporation Vs. Ashraf Jute Mills Ltd., 1991, 20 CLC (HCD)

....he present case. It is not disputed that the Jute Mill was sold to the purchaser for a sum of Tk. 6,04,65,000.00 by BSRS. It is submitted that this Jute Mill is situated over an area of 135 bighas of land at Kanchon Industrial Zone, Narayanganj near the River Sitalakhya. This Jute Mill has got 65 br......ransport Corporation……………….Petitioner Vs. Ashraf Jute Mills Ltd………………..Respondents Judgment August 28, 1991. Result: The Rule is made absolute Cases Referred to- 43 company cases 350; 21 company cases 251; 35 company cases (SC) 755; 42 Comp......t need to be stated. Bangladesh Road Transport Corporation filed an application under sections 162 and 163 of the Companies Act for winding up of the aforesaid Company M/s Ashraf Jute Mills Ltd. and that application for winding up was admitted by this Court on 24.3.87. As per order of the Court the ......d. This Case is also Reported in: 45 DLR (HCD) (1993) 282. ..

Category: Company Law | Date: | Hits: 193