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Begum Khaleda Zia Vs. Government of Bangladesh and others, 2010, 39 CLC (HCD)

....otice dated 7.5.2009 upon the petitioner (annexure-C1) asking her to show cause as to why she should not be directed to return the property in question within 15 days stating further reasons that the land in question being Class A-1 military land as per rule 5(i) of CLA Rules, 1937 the leasing of th......ion. Sheikh Hassan Arif J.- I agree. Ed. This Case is also Reported in: 30 BLD (HCD) (2010) 597, 63 DLR (2011) 385, 8LG (2011) HCD 189. ......his day to the petitioner to vacate the house in question. Sheikh Hassan Arif J.- I agree. Ed. This Case is also Reported in: 30 BLD (HCD) (2010) 597, 63 DLR (2011) 385, 8LG (2011) HCD 189. ..

Category: Property Law | Date: | Hits: 88

Haji Arshad Ali Kari Vs. Asmat Ali Hawlader and others, 2008, 37 CLC (AD)

.... accordingly, an Achalnama was executed on 02.01.1980. The Arbitrator issued notice upon the parties on 30.03.1980 fixing the date 30.04.1980 for supplying them necessary papers for settlement of the land. On the prayer of the parties the date of supplying papers were shifted on 30.05.1980, 30.06.19...... the petitioner. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: 18 BLT (AD) (2010) 318. ......above, we find no substance in the submissions of the learned Advocate for the petitioner. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: 18 BLT (AD) (2010) 318. ..

Category: Property Law | Date: | Hits: 30

Giyash Uddin Vs. Martuza Bibi and ors., 2010, 39 CLC (AD)

....of Title Suit No.17 of 1992 filed in Civil Revision and the High Court Division by the impugned judgment discharged the Rule and hence this petition. 6. The case of the petitioner is that the suit land is a wide passage, 6 feet in breath and 210 feet in length, only pathway of the plaintiffs, on ......e find no substance petitions which are accordingly dismissed. Ed. This Case is also Reported in: 18 BLT (AD) (2010) 316.......below on proper assessment of evidence causing no failure of justice. We find no substance petitions which are accordingly dismissed. Ed. This Case is also Reported in: 18 BLT (AD) (2010) 316...

Category: Property Law | Date: | Hits: 33

Abu Bakar Siddique Vs. Md. Khorshed Alam & ors., 2001, 30 CLC (HCD)

....e that the opposite party as plaintiff filed Title Suit No. 306 of 1989 in the Court of Assistant Judge, 1st Court, Dhaka against the opposite parties and the petitioner for partition of 0.65 acre of land out of 1.36 acres of plot No. 125 of CS Khatian No. 53 of Mouza Gajmahal PS Mohammadpur, Distri......posite Party No. 1. Md. Khalilur Rahman, Advocates—For Opposite Party Nos. 2(a) & 2(b). Civil Revision No. 4616 of 1999. Judgment Md. Abdul Wahhab Miah J.- This Rule was issued calling upon the opposite party No. 1 to show cause as to why the order dated 26-10-99 passed by the Sen......this Rule is discharged without any order as to costs on the ground of maintainability with the findings and observations made herein above. Ed. This Case is also Reported in: 54 DLR (2002) 75. ..

Category: Property Law | Date: | Hits: 32

Jamir Ali (Md) and Md. others Vs. Secretary, Ministry of Land and others, 1999, 28 CLC (HCD)

.... Kazi Ebadul Hoque J. -Rule in Writ Petition No. 2921 of 1998 was issued at the instance of the petitioners calling upon the respondents to show cause as to why 6 bighas and 13 decimals of unused land of the petitioners shown in Annexure-C series should not be directed to be released in favour o......are discharged without any order as to costs. Order of injunctions stand vacated. Ed. This Case is also Reported in: 52 DLR (HCD) (2000) 125. ......d in 50 DLR (AD) 11. In the result both the Rules are discharged without any order as to costs. Order of injunctions stand vacated. Ed. This Case is also Reported in: 52 DLR (HCD) (2000) 125. ..

Category: Property Law | Date: | Hits: 27

Salim (Md) Vs. Assistant Commissioner of Land and Chairman, Debt Settlement Board and others, 2001, 30 CLC (HCD)

....isdiction and to be of no effect and/or such other or further orders passed as to this Court may seem fit and proper. 2. The case of the petitioner, inter alia, is that he purchased 0.25 acres of land appertaining to SA Khatian No. 45, Plot Nos. 293/399/415 of Mouza Baroitala PS Patharghata Dist......y declared to have been passed without jurisdiction and to be of no legal effect. Ed. This Case is also Reported in: 54 DLR (2002) 72. ...... (Pathar) 89-90 Patharghata, District Barguna is hereby declared to have been passed without jurisdiction and to be of no legal effect. Ed. This Case is also Reported in: 54 DLR (2002) 72. ..

Category: Property Law | Date: | Hits: 24

Khondaker Modarresh Elahi Vs. Government of the People’s Republic of Bangladesh, 2000, 29 CLC (HCD)

....ful means to dissuade people from taking part in hartal. Anyone who commits an offence in pursuance of either call for hartal or against the hartal comes under the purview of the existing laws of the land and they should be punished in accordance with law. It is submitted that the grounds taken that......others Mainur Reza Chowdhury and Syed JR Mudassir Hussain, JJ, in discharging the Rule. Ed This Case is also Reported in: 54 DLR (2002) 47. ......I concur with the judgments delivered by my learned brothers Mainur Reza Chowdhury and Syed JR Mudassir Hussain, JJ, in discharging the Rule. Ed This Case is also Reported in: 54 DLR (2002) 47. ..

Category: Constitutional Law | Date: | Hits: 216

City Sugar Industries Ltd. and others Vs. Human Rights and Peace for Bangladesh, 2010, 39 CLC (AD)

....ক্ত স্থান, উদ্যান এবং প্রাকৃতিক জলাধার সংরক্ষণ আইন, ২০০০ it is prohibited to change the nature of any land that has been earmarked as a natural reservoir. As per section 8 of the said law any person who......s also Reported in: 15 MLR (AD) (2010) 389. ......i.e. let the safety of the people be the Supreme law. We find no substance in these petitions which are accordingly dismissed. Ed. This Case is also Reported in: 15 MLR (AD) (2010) 389. ..

Category: Environmental Law | Date: | Hits: 344

Mohammad Reazaul Karim and others Vs. A. B. M. Khalequzzaman and others, 2010, 39 CLC (AD)

....ending in the said 20th, 21st and 22nd AGMs against the shares sold out after the record date i.e. 25.09.2005 relying on the representations of the respondent No. 18 company and as per the law of the land. The High Court Division by order dated 13.02.2008 added the appellant as added respondent No. ...... costs. Ed. This Case is also Reported in: 15 MLR (AD) (2010) 369, 62 DLR (AD) (2010) 411.......r no interference by this Court. In the result, all the appeals are dismissed without any order as to costs. Ed. This Case is also Reported in: 15 MLR (AD) (2010) 369, 62 DLR (AD) (2010) 411...

Category: Company Law | Date: | Hits: 191

Mobasher Hossain (Md) and others Vs. Saidur Rahman (Pvt) Ltd. and others, 2002, 31 CLC (HCD)

.... of the building, but also to direct that the building already erected be taken down." 18. Similarly, in the case of The National Bank of India Vs. Yakub Mia 7 DLR 606, in a suit for ejectment the landlord erected a wall during the pendency of the petition for temporary injunction filed by the te...... order as to cost. Ed. This Case is also Reported in: 55 DLR (2003) 51. ......he launch ghat at Gazaria where it was in the morning of 8th April, 2002 within seven days from date. There shall be no order as to cost. Ed. This Case is also Reported in: 55 DLR (2003) 51. ..

Category: Admiralty Law or Maritime Law | Date: | Hits: 188

Moulana Fariduddin Ahmed and another Vs. Md. Kolimullah and others, 2001, 30 CLC (HCD)

....or declaration that the registered deed of lease being No. 5679 dated 18‑5‑65 executed by his father late Ahidullah in favour of the petitioner Moulana Fariduddin Ahmed leasing out 92 decimals of land is null and void, inoperative, without consideration and therefore not binding on him. 2. La......ecords at once. Ed. This Case is also Reported in: 55 DLR (2003) 49.......of the observation as made hereinabove. The order of stay granted earlier is hereby re‑called and vacated. Send down the records at once. Ed. This Case is also Reported in: 55 DLR (2003) 49...

Category: Property Law | Date: | Hits: 27

Hilly Housing Co-operative Society Ltd. Vs. Akhtaruzzaman Chowdhury and ors., 2001, 30 CLC (HCD)

....de of Civil Procedure cannot be taken away lightly but it can be so read only when it is specifically barred under any law. The question of legality or validity of an agreement for sale of a piece of land involving a Co-operative Society and a third party is, therefore, a matter triable by the civil......tion is rejected summarily. Ed. This Case is also Reported in: 54 DLR (2002) 46. ......ll-reasoned and well-supported by the materials on record. We find no substance in the application. The application is rejected summarily. Ed. This Case is also Reported in: 54 DLR (2002) 46. ..

Category: Civil Law | Date: | Hits: 70

Bhola Vs. State, 2001, 30 CLC (HCD)

....s and to pay 3/4th of the money to the heirs of the deceased and to keep 1/4th of fine in the government fund. 2. The prosecution case, in short, is that deceased Mohammad Ali purchased 2 acres of land from accused Abdul Jabbar who did not execute the kabala deed though he received total consider......bove modification and the appeal is dismissed. Send down the lower court's record immediately. Ed. This Case is also Reported in: 55 DLR (2003) 36.......s order dated 29‑10‑91 is upheld with the above modification and the appeal is dismissed. Send down the lower court's record immediately. Ed. This Case is also Reported in: 55 DLR (2003) 36...

Category: Criminal Law | Date: | Hits: 41

Mohammad Ullah (Driver) Vs. State, 2007, 36 CLC (HCD)

....tance case it appears from the rule petition and also from the application for condona­tion of delay that the petitioner was unaware about the case and he was at his locality and was plough­ing his land. Although notices were published in two newspapers i.e. in 'daily Sangram' and 'daily Azad' but......th the appeal in accordance with law. Send down the lower Court records. Ed. This Case is also Reported in: 59 DLR (2007) 281. ......oned. The learned judge is directed to proceed with the appeal in accordance with law. Send down the lower Court records. Ed. This Case is also Reported in: 59 DLR (2007) 281. ..

Category: Criminal Law | Date: | Hits: 36

Abani Kumar Mistry and others Vs. Government of the People's Republic of Bangladesh and others, 2006, 35 CLC (HCD)

....ordinate Judge, 1st Court, Khulna in Title Suit No. 105 of 1978. 2. The plaintiffs (petitioners herein) filed Title Suit No. 105 of 1978 against the defendants for declaration of title in the suit land. 3. The case of the plaintiff, in short, is that the suit land originally belonged to Priya ......……Opposite Parties Judgment July 9, 2006. Cases Referred To- Laxmi Kanta Roy vs. Upazila Nirbahi Officer 46 DLR 136; Ms. Dulichand Omraolal vs. Bangladesh, through the Secretary, Ministry of Industries 33 DLR (AD) 30; Kochi Mia vs. Suruj Mia 51 DLR (AD) 57; Shamser Ali (Md.) vs. ......le is hereby recalled and vacated. There is no order as to costs. Send down the lower Court record at once. Ed. This Case is also Reported in: 59 DLR (2007) 270, 26 BLD (HCD) (2006) 634. ..

Category: Property Law | Date: | Hits: 27

Puspak Kumar Roy and another Vs. Eldrin Khan and others, 2005, 34 CLC (HCD)

....ule are, that admittedly the suit property belonged to Chandi Charan Roy who died leaving behind one son, the defendant No. 15 and a widow, the defendant No. 16. The defendant No. 15 sold one acre of land by a kabala deed dated 17-5-1982 at a consideration of Taka 13,000 in favour of the plaintiff N......rt High Court Division (Civil Revisional Jurisdiction) Present: Shahidul Islam J Puspak Kumar Roy and another……….Defendant-Petitioners Vs. Eldrin Khan and others.............Plaintiff-Opposite Parties. Judgment November 22, 2005....... The order of stay granted earlier by this Court dated 10-4-2004 is hereby vacated. Send down the lower Court's record at once. Ed. This Case is also Reported in: 59 DLR (2007) 263. ..

Category: Property Law | Date: | Hits: 34

Anwara Begum Vs. Government of Bangladesh and others, 2005, 34 CLC (HCD)

....s such other or further order or orders as to this Court may seem fit and proper. 2. It has been stated that House No. 29-A/A Second Colony/Mirpur), Dhaka (Kha 36) measuring an area of 5 kathas of land along with pucca structures was given allotment to one Md. Younus Ali, son of late Md. Yusuf Al......hin 3(three) months from the date of receipt of this order. Ed. This Case is also Reported in: 59 DLR (2007) 251, 26 BLD (HCD) (2006) 123. ......d Buildings as published in Ka list dated 28-4-1986 within 3(three) months from the date of receipt of this order. Ed. This Case is also Reported in: 59 DLR (2007) 251, 26 BLD (HCD) (2006) 123. ..

Category: Property Law | Date: | Hits: 40

Abdul Karim and others Vs. Court of Settlement and others, 2007, 36 CLC (HCD)

....ered deed of lease being No. 2067 dated 2-2-1960; that after taking delivery of possession of the aforesaid property the original allottee Syed Md. Yunus built a two-storied building on the leasehold land and had been living therein with his family members and that said Syed Md. Yunus being in need ......e, Ordinance 54 of 1985 at page No. 9764 (17), Serial No. 42 (Annexure-I). Ed. This Case is also Reported in: 59 DLR (2007) 247.......6 under Abandoned Buildings (Supplementary Provisions) Ordinance, Ordinance 54 of 1985 at page No. 9764 (17), Serial No. 42 (Annexure-I). Ed. This Case is also Reported in: 59 DLR (2007) 247...

Category: Property Law | Date: | Hits: 33

Abul Koyser Vs. Tobarak Ali and others, 2007, 36 CLC (HCD)

....nd Tenancy Act, 1950 in the Court of Senior Assistant Judge at Sadar in Sunamganj being Miscellaneous Case No. 2 of 1996 against the petitioner and others for preemption of the sale of 30 decimals of land fully described in the application effected by a deed dated 7-10-95. 3. His case, in sho...... ......Petitioner Vs. Tobarak Ali and others…………………Opposite Parties Judgment February 14, 2007. Cases Referred To- Shafi Khan vs. Mannujan Hussain, 35 DLR (AD) 225; Md. Sukur Ali vs. Sree Suresh Chandra Barman and others, 1984 BLD (AD) 219. ......d. Order of stay granted at the time of issue of the Rule is hereby recalled and vacated. Send down the records at once. Ed. This Case is also Reported in: 59 DLR (2007) 234 . ..

Category: Property Law | Date: | Hits: 28

Shaherunnessa Vs. Shamsunnahar, 2007, 36 CLC (HCD)

....ong Bar, to look after her properties and collect rents from the tenants. Being requested said defendant agreed to pay rent to the plaintiff through said Feroz Alam acknowledging the plaintiff as her landlord; and rent of the premises on consultation was fixed at Taka 3,000 per month from June, 1998......n the records at once. Ed. This Case is also Reported in: 59 DLR (2007) 217. ...... the decree of the trial Court decreeing the suits are hereby set aside and both the suits are dismissed. Send down the records at once. Ed. This Case is also Reported in: 59 DLR (2007) 217. ..

Category: Property Law | Date: | Hits: 35