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Molla Mahjenul Islam Vs. State and others, 2001, 30 CLC (HCD)
....rder as to costs. The status quo order passed by this Court earlier is hereby vacated. Send down the lower Court records at once. Ed. This Case is also Reported in: 53 DLR (HCD) (2001) 552.......n against the prayer for temporary injunction. Their case is that the plaintiff was the owner of the hat in question. The Ahsangonj tahsil office is situated in the middle of the said hat. Out of the land of the Waqf Estate, an area measuring 3.69 acres of land of Khatian No.322 are not retainable l..Category: Property Law | Date: | Hits: 105
.... further directed that the petitioner should not be evicted without observing the provisions of law. There will be no order as to cost.
Ed.
This Case is also Reported in: 53 DLR (HCD) (2001) 540.......r the Respondents.
Writ Petition No. 59 of 1994.
Judgment
SAN Mominur Rahman J.- In this Rule respondents were directed to show cause why the proposed eviction scheduled for 5-1-94 from the land as mentioned in the letter dated 3-1-94 (Annexure-A) to the writ petition should not be declare..
Category: Property Law | Date: | Hits: 97
Abdur Razzaque Mollah Vs. Md. Qayum Mollah & others, 2001, 30 CLC (HCD)
....s of the case, we direct the parties to bear their respective costs all through. Send down the lower Court’s Record immediately. Ed. This Case is also Reported in: 53 DLR (HCD) (2001) 535. ......amely, Md. Qayum Mollah is a resident of Bagerhat district and by profession a Contractor. They have previous acquaintance with each other. It is not disputed that the subject matter of the suit is a land as well as the building on it and Mr. Abdur Razzaque Mollah is the real owner. Mr. Abdur Razzaq..Category: Civil Law | Date: | Hits: 71
Government of Bangladesh Vs. ASM Ferojuddin Bhuiyan, 2000, 29 CLC (HCD)
....t Judge, Second Court, Dhaka in Title Appeal No.136 of 1997 are maintained. Lower Courts Record be sent as immediate as possible. Ed. This Case is also Reported in: 53 DLR (HCD) (2001) 522. ......t property for residential purpose. Rent of the suit premises was fixed at Taka 90 per month and plaintiff continued payment of rent upto the month of February 1972. Plaintiff failed to trace out the landlord after the month of February. 1972 and applied to Sub-Divisional Officer, Sadar (South) Dhak..Category: Property Law | Date: | Hits: 83
Sabed Ali Howlader and Others Vs. Abdul Barek and other, 1998, 27 CLC (HCD)
.... suit in accordance with law. The trial Court is directed to dispose of the suit as expeditiously as possible preferably within 3 months. Ed. This Case is also Reported in: 51 DLR (1999) 204........ Facts, in short, are that the petitioner as plaintiff instituted Title Suit No. 22 of 1990 in the Court of Senior Assistant Judge, Barisal for declaration of title and for partition of 1.95-acre of land out of 4.18 acres of land in the schedule 'Ka' of the plaint. 3. The plaintiffs’ case, in ..Category: Property Law | Date: | Hits: 102
Dil Mohammad Vs. Jamir Hossain and others, 2004, 33 CLC (HCD)
....aintiff is allowed to withdraw the appeal with permission to sue afresh on the subject matter as prayed-for. Send down the records at once. Ed. This Case is also Reported in: 58 DLR (2006) 88.......mercial Court No. 1 at Dhaka in Title Suit No. 82 of 1997, which dismissed the suit. 2. On 28-5-95 the plaintiff instituted Title Suit No. 166 of 1995 for eviction of defendant No. 1 from the suit land measuring about 300 square yards with structures thereon comprising of Plot # 8, Road # 3 of Bl..Category: Property Law | Date: | Hits: 83
Atar Ali Sheikh (Md) & another Vs. Md Karam Ali Sheikh & others, 2003, 32 CLC (HCD)
....et aside and those of the trial Court are restored. Partition as affected by the Advocate Commissioner is made final. Send down the LCR. Ed. This Case is also Reported in: 58 DLR (2006) 81. ...... in the preliminary form allotting a share of 4.16 acres to the plaintiffs. As there was no appeal taken therefrom, an Advocate Commissioner was appointed to affect partition. After dividing the suit land and by allotting 4.16 acres to the plaintiff and 12.5 acres to said defendants, the learned Com..Category: Property Law | Date: | Hits: 70
Bengal Bricks Industries Ltd. Vs. Al-haj Md. Ishaque Chowdhury and others, 2004, 33 CLC (HCD)
..... 74. The trial Court dismissed the suit. First appellate Court set aside the decree of the trial Court and decreed the suit. It held the agreement dated 8- 12-86 true and genuine: that the family settlements as also the decree of title obtained by the children of Kare were collusive transactions......ants gave a power of attorney to Shamsul Huq to execute and register necessary sale deed transferring said schedule- 1(Kha) property to the plaintiff and accordingly, Shamsul Huq transferred the suit land by a registered deed being No. 196 dated 13-1-91. The plaintiff got his name mutated in respect..Category: Property Law | Date: | Hits: 71
Mahfuz Anam & others Vs. State and another, 2005, 34 CLC (HCD)
....ham Alo bringing allegations against the Deputy Commissioner, Magura, for erecting unauthorized shops in so many places. Annexure-G is another reporting against the Deputy Commissioner, Magura, about settlement of shops and irregularities in other administrative matters. Therefore, it is evident tha......rict Magistracy. Send a copy of the judgment and order of the concerned Court below immediately for information. Ed. This Case is also Reported in: 58 DLR (2006) 60, 26 BLD (HCD) (2006) 26. ..Category: Criminal Law | Date: | Hits: 100
Shamsul Haque Vs. Luna Fahmida Rahman and others, 2004, 33 CLC (HCD)
....l Haque in Other Suit No. 15 of 98 is directed to vacate the suit house within sixty days from date positively. Send down the LCR at once. Ed. This Case is also Reported in: 58 DLR (2006) 51.......defendants therefrom. The suit property was described to be a two-storied building with 5 rooms in the ground floor and 4 rooms in the first floor erected upon about 12 decimals out of 36 decimals of land of plot No. 5158 appertaining to SA Khatian No. 184 of Mouza Radhavallav in the District of Ran..Category: Property Law | Date: | Hits: 139
Abu Taher Vs. State, 2005, 34 CLC (HCD)
....ted in any other case. Send down the lower Court's records at once with a copy of the judgment for information and taking necessary action. Ed. This Case is also Reported in : 58 DLR (2006) 34. ...... persons and whether her dead body was brought down by Akabar. He also said that Jafar Kha (PW 3) said nothing to him about the death of his daughter. He heard that the appellant mortgaged a piece of land to Jafar Kha PW 3 who did not restore possession of that land to the appellant. Over that matte..Category: Criminal Law | Date: | Hits: 41
World Tel Bangladesh Ltd. Vs. Government of Bangladesh and others, 2005, 34 CLC (HCD)
....discharged without any order as to costs. The order of status quo granted at the time of issuance of the Rule is hereby recalled and vacated. Ed. This Case is also Reported in: 58 DLR (2006) 14.......R 1976 (SC) 127, 48 DLR (AD) 20, Babashaheb/Rahimshaheb vs. Rajaram Ragunath Alpe, AIR 1931 Bombay 264, Dip Narain Singh vs. Nayeshar Prasad and others, AIR 1930 (Allahabad) 1 (Full Bench), Central Inland Water Transport Corporation Ltd. Vs. Brojonath, AIR 1986 (SC) 1571, Mukul Dutta Gupta and other..Category: Information Technology Law | Date: | Hits: 321
.... any lawful authority and are of no legal effect.
In view of the facts and circumstances of the cases there will be no order as to cost.
Ed.
This Case is also Reported in: 58 DLR (2006) 5.
......lity, but the denial of any special privilege by reason of birth, creed or the like in favour of any individual and also the equal subjection of all individuals and classes to the ordinary law of the land administered by the ordinary law Courts".
15. In the "Limitation of Government Power" by Rot..
Category: Fiscal/Taxation Law | Date: | Hits: 81
....fore the Additional Deputy Commissioner (Revenue), Sylhet against the order passed by the Assistant Commissioner (Land) asserting that the land in question was a vested property and, as such, it took settlement of the same from the Government and it was therefore rightly recorded in its name in the ...... have been made without lawful authority and to be of no legal effect.
2. It is stated in the writ petition that the petitioner’s father acquired the property in question measuring 3.33 acres of land in Khatian No.2 under Sylhet Municipality by purchase on 12th Chaitra, 1354 BS by a registered ..
Category: Property Law | Date: | Hits: 95
.... to file a separate application for condonation of delay. With this observation the Rule is made absolute without any order as to cost.
Ed.
This Case is also Reported in: 53 DLR (HCD) (2001) 502.......rder dated 1993 refusing to vacate the impugned order dated 13-6-1993.
2. The petitioners’ case, in short, is that ore Md. Haja Mondal, the predecessor of the petitioners, took lease of the case land from ex-landlord, Opposite-Party No.2 while the suit land was in his khas possession. On 12th J..
Category: Procedural Law | Date: | Hits: 106
Anindra Bhusan Ghose Vs. Bangladesh Government, 2001, 30 CLC (HCD)
....l. For the reasons and discussions made above, I find no merits in this appeal. In the result the appeal is dismissed. No costs. Ed. This Case is also Reported in: 53 DLR (HCD) (2001) 493........156 of 1976 on 21-9-77 affirming those of the Munsif, 2nd Court, Satkhira passed in Title Suit No.419 of 1975 on 26-6-1976, dismissing the suit for declaration of title of the plaintiffs in the suit land. 2. Plaintiffs’ case, in short, is that the suit land originally belonged to Dhanobar and ..Category: Property Law | Date: | Hits: 85
Parul Bala @ Parul Rani Shah Mondol Vs. Suruj Miah and others, 2001, 30 CLC (HCD)
....)68 is disposed of accordingly, the judgments and decrees of, the Courts below are set aside. The suit is decreed in full. No costs. Ed. This Case is also Reported in: 53 DLR (HCD) (2001) 481....... certificate of sale dated 1-6-1959 held in OD Certificate case No.21/1955-56 and by the auction purchase made by the defendant No.1 and other defendants, they have not acquired any title in the suit land. 2. Plaintiff’s case, in short, is that the defendant No.2 Raj Kumar Ghose sold the suit l..Category: Property Law | Date: | Hits: 83
Titas Gas Vs. Immense Washing Plant and others, 2001, 30 CLC (HCD)
....es of the Ministry of Law, Justice and Parliamentary Affairs, the Ministry of Power and Energy and the Chairman of the Law Commission. Ed. This Case is also Reported in: 53 DLR (HCD) (2001) 471. ......ses out of 100 cases, the matter goes no further (after grant or refusal of an interlocutory injunction) [The closing chapter by Denning at 259]. I do not think the situation is very different in our land. The principle is also nearly settled long ago that a Court has no jurisdiction to grant an ‘..Category: Civil Law | Date: | Hits: 151
Abdus Sukur (Md.) and others Vs. Bhasani Mandal and another, 2001, 30 CLC (HCD)
....gment and decree of the Court of appeal below are set aside and those of the trial Court are hereby restored. Send down the records. Ed. This Case is also Reported in: 53 DLR (HCD) (2001) 452.......n Title Suit No. 51 of 1997 and also for declaration that those are not operative against and binding upon the plaintiffs. 3. Plaint case, in short, is that after successive transactions, the suit land measuring about 96 decimals of CS and SA Plot No.1244 appertaining to CS Khatian No. 212 and SA..Category: Property Law | Date: | Hits: 75
Seastar Shipping Lines Ltd. Vs. Bangladesh & others, 2001, 30 CLC (HCD)
....te of receipt of this order. A copy of this order be sent forthwith to the Prime Minister’s Secretariate and the Ministry of Food. Ed. This Case is also Reported in: 53 DLR (HCD) (2001) 449.......the petitioner. In other words, the learned Advocate contends that the impugned order of detention of the said vessel is manifestly illegal as it could not be justified by reference to any law of the land. 5. Mr. Obaidur Rahman Mostafa, learned Deputy Attorney-General, appearing for respondent No..Category: Admiralty Law or Maritime Law | Date: | Hits: 212
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