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Dhaka City Corporation and others Vs. Shamsur Rahman and others, 2007, 36 CLC (HCD)

....he petitioners and another for a decree of declaration that RS record of rights as prepared and finally published in the name of erstwhile DIT now added defendant No. 5, RAJUK, in respect of the suit land measuring about 0.3480 acres of RS plot No. 9541 fully described in the schedule 'Kha' a part o......nt February 8, 2007. Cases Referred To- Bangladesh vs. Samodra Narayan Mohajan and another 2006 BLD (AD) 145 = 11 BLC (AD) 226; Sarashijaksha Chatterjee and others vs. Karpor Kamini Devi and others, AIR 1937 Calcutta 745; S Sibtain Fazli vs. Messrs Star Film Distributors 14 DLR......ring with peaceful possession of the plaintiff in the suit land, in any way, as prayed for. Send down the records, at once. Ed. This Case is also Reported in: 59 DLR (2007) 207. ..

Category: Property Law | Date: | Hits: 32

Nazibul Islam & others Vs. Dr. Amanullah & Ors., 1988, 17 CLC (HCD)

....ion 144 of the Code of Crimi­nal Procedure a show cause notice was served upon the Second party-petitioner. In the aforesaid petition it is stated that the First Party auction purchased the schedule land on 6.7.66 and the sale was confirmed on 4.9.66 and the First party got possession through court......ischarged and the stay order granted by this Court is vacated. Naimuddin Ahmed J.- I agree. Ed. This Case is also Reported in: 40 DLR (1988) 94. ......o of no substance. Accordingly, this Rule is discharged and the stay order granted by this Court is vacated. Naimuddin Ahmed J.- I agree. Ed. This Case is also Reported in: 40 DLR (1988) 94. ..

Category: Criminal Law | Date: | Hits: 32

Mirza Shahab Ispahani Vs. Government of the Peo­ples’ Republic of Bangla­desh, 1987, 16 CLC (HCD)

....dment March 31, 1987. Cases Referred to- State of Bombay vs. Pandurang Vinayak and others, A.I.R. 1953 (S.C) 244; East End Dwelling Co. Ltd. vs. Finsbury Borough Council, 1951 (2) All Eng­land Law Reports, 587; Mehreen Zaibun Nisa vs. Land Commissioner, Multan and others, P.L.D. 1975(S.C......titioner within three months from date. Mohammad Ismail Uddin Sarker J. - I agree. Ed. This Case is also Reported in: 40 DLR (1988) 87. ......tore the disputed property to the possession of the petitioner within three months from date. Mohammad Ismail Uddin Sarker J. - I agree. Ed. This Case is also Reported in: 40 DLR (1988) 87. ..

Category: Immigration and Citizenship Law | Date: | Hits: 188

Janata Bank Vs. M/S Ahmedia Garments, 1987, 16 CLC (HCD)

....ndent Judgment July 8, 1987. Cases Referred to- 33 DLR (AD) 298, AIR 1970 (S.C.) 891, AIR 1981 (S.C.) 1426, AIR 1986 ( S.C.) 1924, AIR 1983 (Cal), 106, AIR 1986 (Cal) 356, (1958) 1 All England Report 262, (1975) 1 All England Report 107, (1978) 1 All E.R.976, (1982) 2 All England Report ......983 (Cal), 106, AIR 1986 (Cal) 356, (1958) 1 All England Report 262, (1975) 1 All England Report 107, (1978) 1 All E.R.976, (1982) 2 All England Report 720); AIR 1925(A11) 442. Malas and another (Trading as Hamezeh) Malas and Sons vs. British Imex Indus­tries, Ltd. 1958 All England Law Re­ports (C......on of the judgment is stayed for 4 (four) weeks from date. There will however be no order as to costs. Amirul Islam Chowdhury J. - I agree. Ed. This Case is also Reported in: 40 DLR (1988) 72...

Category: Business or Commercial Law | Date: | Hits: 209

State Vs. Mizanul Islam alias Dablu & another, 1987, 16 CLC (HCD)

....timony of P.Ws. 2, 3 and 4 re­ceived complete support from medical evidence in re­spect to nature and site of injury caused by sharp cutting weapon like dagger. It is well settled that re­coveries land corroborative support to ocular evi­dence. Recovery of plastic sandal at place of occur­rence......ther case. D.M. Ansaruddin Ahmed J. -I agree. Ed. This Case is also Reported in: 40 DLR (1988) 58.......s hereby set aside and he is set at liberty forth with if not wanted in connection with any other case. D.M. Ansaruddin Ahmed J. -I agree. Ed. This Case is also Reported in: 40 DLR (1988) 58...

Category: Criminal Law | Date: | Hits: 61

M. Abul Quashem & ors. Vs. Moulvi Abdur Rab Miah & others, 2002, 31 CLC (HCD)

....rial facts for disposal of the Rule are that the defendants in the original suit are the 2 as plaintiffs instituted the Title Suit No. 28 of 1994 for declaration of their title in respect of the suit land described in 'Ka' schedule of the plaint and for further declaration that the decree in questio......hem & ors……………..……Defendants petitioners Vs. Moulvi Abdur Rab Miah & others…………..….Opposite party Judgment July 22, 2002. Case Referred To- Mosharraf Hossain Mia Vs. Mosammat Hasina Begurn anothers, 43 DLR 254. Lawyers Involved: Farid Ahmed on beha......ceipt of the order in accordance with law. Stay granted earlier is hereby vacated. Communicate the order to the Court concerned at once. Ed. This Case is also Reported in: 55 DLR (2003) 32...

Category: Property Law | Date: | Hits: 28

Gazi Tayebur Rahman Vs. Saikh Md. Ali and others, 2002, 31 CLC (HCD)

....s.1 and 2 under section 151 of the Code was also rejected on 18‑1‑94. Thereafter, on 30‑10‑95 the pre‑emptor­ petitioner filed an application for delivery of possession of the pre‑empted land on the basis of the ex parte order dated 21‑9‑93 passed in the original Miscellaneous Case .......- By this Rule opposite party Nos. 1 and 2 were called upon to show cause as to why the judgment and order dated 21‑4‑96 passed by the learned Assistant Judge, Dacupe Court under Khulna District in Miscellaneous Case No. 37 of 1993, should not be set aside. 2. The petitioner as pre‑emptor ......preferably within 3 months from the date of receipt of this order by the lower Court. Communicate the order to the Court concerned at once. Ed. This Case is also Reported in: 55 DLR (2003) 29...

Category: Property Law | Date: | Hits: 36

Aliluddin and others Vs. Ministry of Land Administration and Land Reforms & others, 1999, 28 CLC (HCD)

....of no legal effect. 3. In Writ Petition No.964 of 1994 Petitioners Aliluddin and seven others challenged the impugned order dated 6-4-1994 (Annexure ‘L’ contending inter alia that a quantum of land measuring 5.61 acres appertaining to CS Khatian No. 21 corresponding to SA Khatian No.30 and CS......In the result, the Rules are discharged without however any order as to costs. Ed. This Case is also Reported in: 52 DLR (HCD) (2000) 112. ......No.1 inherited 0.55 acres of land and in the process became the owner of 1.40 acres of land; petitioner No.1 possessed 1.30 acres of land from plot No.99 of SA Khatian No.32 and 0.10 acres of land in ejmali with petitioner Nos.2-8 from plot No.94 of SA Khatian No.30 by constructing house on 0.93 acr..

Category: Property Law | Date: | Hits: 31

Osman Ali (Md) Vs. Md. Makbul Hossain and Others, 1999, 28 CLC (HCD)

.... 31 of 1984 to its file and number on setting aside the order of dismissal for default. 2. This case exposes the dismal condition of the trial system. On 15-12-73 the petitioner purchased the case land by a deed of sale registration of which was completed on 16-10-75. 3. On 26-12-75 the opposi......(HCD) (2000) 109. ......se of the case within 3 months from the return of service of notice for hearing upon the parties after the receipt of the case record. Ed. This Case is also Reported in: 52 DLR (HCD) (2000) 109. ..

Category: Civil Law | Date: | Hits: 69

Hanif Ali (Md) Vs. Hajera Khatun and others, 2002, 31 CLC (HCD)

.... 2. The circumstances which led to this Rule may briefly be stated as follows:‑ The petitioner was the defendant No. 2 in Other Suit No. 38 of 1984 and prayed for saham in respect of .87 acres of land. The plaintiff No. 2 took settlement of .40 acres of land from Plot No. 7990 by virtue of dakhi......made absolute.   The Code of Civil Procedure, 1908 (V of 1908); Order XVIII rule 17   Order XVIII rule 17 empowers the Court to re‑call at any stage a witness who has been examined and cross-examined. The powers under the rule are very wide and Court can re‑call witness eve......s detected later that the plaintiff No. 2's own purchased lands comprising 1.88 acres of land which are under the exclusive possession of the petitioner‑plaintiff No. 2 were wrongly included in the ejmali property and, as such, the whole preliminary decree based on wrong description of the propert..

Category: Property Law | Date: | Hits: 34

Kalur Hat KC Bilateral School Vs. Sabbir Hossain Chowdhury & others, 1999, 28 CLC (HCD)

....Class Suit No. 7 of 1996 and allowing the appeal and setting aside the order dated 2-2-97 and upholding the order dated 1-10-96 and directing the parties to maintain status quo in respect of the suit lands. 2. The present petitioner being plaintiff instituted the said suit for declaration of titl......s restored. Ed. This Case is also Reported in: 52 DLR (HCD) (2000) 102.......er as to costs and the impugned order of the learned District Judge is set aside and that of the learned Subordinate Judge is restored. Ed. This Case is also Reported in: 52 DLR (HCD) (2000) 102...

Category: Property Law | Date: | Hits: 21

Shahjahan Ali Khan (Md) and others Vs. Bangladesh, 1999, 28 CLC (HCD)

....ot being at a due amount same has caused serious financial loss to the petitioners. 4. Petitioners being not satisfied with the amount of compensation that was assessed in respect of 4.55 acres of land preferred Arbitration (revision) Case No. 8 1996 before the Arbitration Tribunal (Subordinate J......the discussion made above the Rule is discharged without any order as to costs. Ed. This Case is also Reported in: 52 DLR (HCD) (2000) 99. ......ion of Article 116A of the Constitution. In view of the discussion made above the Rule is discharged without any order as to costs. Ed. This Case is also Reported in: 52 DLR (HCD) (2000) 99. ..

Category: Alternative Dispute Resolution | Date: | Hits: 191

Humayun Majid Vs. Bangladesh Bureau of Anti-Corruption and ors., 2000, 29 CLC (HCD)

....thout any lawful authority and to be of no legal effect. 2. The short facts leading to the issuance of the Rule are, that the then Government of erstwhile East Pakistan granted lease of a piece of land measuring 10.88 kathas to M/S M Enam Elahi & Brothers, a family partnership firm amongst th......gainst the respondent No. 6 and no order as to cost is made against other respondents. Ed. This Case is also Reported in: 54 DLR (2002) 12. ......t, the Rule is made absolute with cost of Taka 5,000 against the respondent No. 6 and no order as to cost is made against other respondents. Ed. This Case is also Reported in: 54 DLR (2002) 12. ..

Category: Anti-Corruption Laws | Date: | Hits: 232

Saroj Kanta Sarker Vs. Seraj‑ud‑Dowla & ors., 2003, 32 CLC (HCD)

....a, which was on transfer to the above court renumbered as Title Suit No. 14 of 2001. Plaintiff instituted the suit for specific performance of a contract and for a 'Kabala' in respect of 1.52 acre of land. 3. Plaint case, in short, is that defendant No. 1 entered into a contract with the plaintif......Case is also Reported in: 56 DLR (2004) 39. ......he appeal is allowed with cost. Impugned judgment and decree are hereby set aside. The suit is dismissed. Send down the LCR at once. Ed. This Case is also Reported in: 56 DLR (2004) 39. ..

Category: Civil Law | Date: | Hits: 78

Abul Hossain and others Vs. State and another, 2003, 32 CLC (HCD)

.... Magistrate, 1st Class, Nilphamari on 6‑11‑1996 against the accused-petitioners alleging, inter alia, that his father has been the owner, possessor and person in interest of 0.6 decimals of paddy land under Nilphamari Bazar Khatian No. old 152, present 96, plot No. 2376 and that on 30‑10‑199......er discussion and assessment of evidence on record. This application is rejected summarily. Ed. This Case is also Reported in: 56 DLR (2004) 12. ......esolved and decided in the case only on a proper discussion and assessment of evidence on record. This application is rejected summarily. Ed. This Case is also Reported in: 56 DLR (2004) 12. ..

Category: Criminal Law | Date: | Hits: 34

Abu Jafar Md. Nurul Islam Vs. DG, Department of Environ­ment, Government of Bangladesh and others, 2003, 32 CLC (HCD)

....us‑Ara Khanam of 58/A Senpara (Parbata) Section 10, Mirpur Dhaka a neighbour of the petitioner is the Behan of the present Minister in­ charge of the Ministry of Environment and Forest. Recently a land dispute arose between the petitioner's wife and said Mrs. Ferdous-Ara Khanam in respect of one ......hereby declared to have been issued without lawful authority and is of no legal effect. Ed. This Case is also Reported in: 56 DLR (2004) 1. ......6‑11‑2002 vide Annexure E to the writ petition is hereby declared to have been issued without lawful authority and is of no legal effect. Ed. This Case is also Reported in: 56 DLR (2004) 1. ..

Category: Environmental Law | Date: | Hits: 226

Osiar Rahman Vs. Dharus Sunnah Islamia Madrasha, 1996, 25 CLC (HCD)

.... Suit No.15 of 1985 and ultimately obtained the relief ex parte were untrue and, as such, the decree so obtained has not affected right, title and interest of the plaintiff of the instant suit in the land in suit and that as the decree obtained in Other Suit No.15 of 1985 involved right, title and i...... Send down the LC Records at once. Ed. This Case is also Reported in: 52 DLR (HCD) (2000) 93. ......4 of 1988 is set aside. The Other Suit No.14 of 1988 is restored to its original file and number. Send down the LC Records at once. Ed. This Case is also Reported in: 52 DLR (HCD) (2000) 93. ..

Category: Civil Law | Date: | Hits: 66

Sonali Bank and another Vs. Md. Harun, 1999, 28 CLC (HCD)

....edly, the mill was in operation for almost about two years and then it stopped due to lack of finance. It is also an admitted fact that the plaintiff had to spend more money out of his own pocket for land development, construction of the mill house, installation of electricity and all these amountin......n the lower Court records at once. Ed. This Case is also Reported in: 52 DLR (HCD) (2000) 75....... 43,000.00 are hereby affirmed with interest at the rate of 8% per annum till realisation. Send down the lower Court records at once. Ed. This Case is also Reported in: 52 DLR (HCD) (2000) 75...

Category: Civil Law | Date: | Hits: 72

M Saleem Ullah, Advocate and others Vs. Bangladesh, 2002, 31 CLC (HCD)

....ter alia, is that the then Government of erstwhile East Pakistan developed the vast Mirpur area into residential plots and nucleus house for a residential estate in 1960s and utilised the vast vacant land at sections 1, 2, 6, 7, 10, 11 and 12 under the master plan approved under the Town Improvement...... declared to have been made without any lawful authority and to be of no legal effect. Ed. This Case is also Reported in: 55 DLR (2003) 1. ......aka into residential plots and police station is hereby declared to have been made without any lawful authority and to be of no legal effect. Ed. This Case is also Reported in: 55 DLR (2003) 1. ..

Category: Environmental Law | Date: | Hits: 259

Jamal Hossain (Md.) and others Vs. Chairman, 2nd Court of Settlement, Abandoned Buildings, Dhaka and others, 1999, 28 CLC (HCD)

....nt of Municipal taxes. The case property was duly mutated in the name of their predecessor late Md. Ali Akbar and they are paying rent to the government. While they were living peacefully in the case land a notice was served upon their predecessor on 22-12-82 who after receipt of the notice filed an...... once. In the result, the Rule is made absolute without any order as to costs. Ed. This Case is also Reported in: 52 DLR (HCD) (2000) 67.......f Public Works and Urban Development for information at once. In the result, the Rule is made absolute without any order as to costs. Ed. This Case is also Reported in: 52 DLR (HCD) (2000) 67...

Category: Property Law | Date: | Hits: 28