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Mahmudul Huq and others Vs. Nowab Ali Chowdhury and others, 1995, 24 CLC (HCD)
....on initially on payment of fixed Court‑fee and subsequently on payment of ad valorem Court‑fee on 26‑11‑77 in course of hearing argument of the suit in the Court. Plaintiffs claimed title and possession in the said land by successions and transfers asserting that RS Khatian in respect of the......e Judgment and decree dated 13‑12‑77 passed by the Munsif, Satkania, Chittagong in Partition Suit No.34 of 1973. 2. Plaintiffs filed Partition Suit No.98 of 1970 claiming 11 kanis 14 gandas of land or the quantum of land decided by the Court in their share out of 24.78 acres of the suit land ...... Advocate - For Opposite Party Nos.4 and 5. Omar Farook, Advocate ‑ For Opposite Party Nos.10, 11 and 12. Civil Revision No.5695 of 1991. Judgment Kazi Ebadul Hoque J.- This Rule at the instance of the plaintiff-petitioners is against Judgment and decree dated 12‑5‑1990 passed by......acing the impugned Judgment and other materials on record, submitted that Court of appeal below acted illegally in holding that trial Court was wrong in passing the decree of partition as complicated question of title was involved in the suit when no prayer for establishment of title was made by the..Category: Property Law | Date: | Hits: 97
State Vs. Kamal Ahmed, 1997, 26 CLC (HCD)
....who fired at Abdur Rashid disclosed his name as Kamal Ahmed, son of Hafez Ahmed of village Mardasa, P.S. Hat Hazari, District‑Chittagong. He was of good health with black complexion and he was in possession of a 0.31 bore Revolver. The other apprehended dacoit Emdad, son of Nurul Islam of villag......d appellant Mofazzal Ali Haider @ Md. Haider Ali under section 120B of the Penal Code is set aside and he is acquitted of that charge. Ed. This case is also Reported in:49 DLR (HCD) (1997) 381. ......li under section 120B of the Penal Code is set aside and he is acquitted of that charge. Ed. This case is also Reported in:49 DLR (HCD) (1997) 381. ...... confessional statement he followed the procedure laid down in the Rules, that he gave sufficient time to the accused for reflexion and also cautioned him accordingly, that he explained in Bangla the question in column 5 and in that respect he noted down the reply of the accused, and on his satisfac..Category: Criminal Law | Date: | Hits: 131
State and others Vs. Sheema Begum and others, 2004, 33 CLC (HCD)
....rty if not wanted with any other connection. Send down the L.C.R. to the Court of the Additional Sessions Judge, Pirojpur at once. Ed. This Case is also Reported in: 15 BLT (HCD) (2007) 265. ......nts did not murder his son deceased Delowar after calling him out from his house in the night of occurrence. He further denied that he has dispute with co-accused Moiful Bibi alias Saiera over 'char' land and for this reason they have been falsely implicated in this case. 12, P.W.6 Parveen stated...... Send down the L.C.R. to the Court of the Additional Sessions Judge, Pirojpur at once. Ed. This Case is also Reported in: 15 BLT (HCD) (2007) 265. ......rty if not wanted with any other connection. Send down the L.C.R. to the Court of the Additional Sessions Judge, Pirojpur at once. Ed. This Case is also Reported in: 15 BLT (HCD) (2007) 265. ..Category: Criminal Law | Date: | Hits: 94
Md. Aktar Hossain and others Vs. Capital Tower (Pvt.) Ltd. and others, 2008, 37 CLC (HCD)
....der inform the Respondent No.10, Registrar of the same and send him a certified copy of the same. 17. There is no order as to costs. Ed. This Case is also Reported in: 7 LG (HCD) (2010) 265. ......mined by the newly appointed auditors. 2. The Company, a private limited company incorporated under the Companies Act, 1913, is show to have been set up with the primary objectives to purchase land, construct residential and/or commercial structures on the same and thereafter to offer the sam......nd send him a certified copy of the same. 17. There is no order as to costs. Ed. This Case is also Reported in: 7 LG (HCD) (2010) 265. ......which the names of the Petitioners, in particular, are notably absent, thereby implying that payments remain outstanding on their respective shareholdings. This in turn has led the Petitioners to question the very authenticity of these revised reports. The petitioners further contend in this reg..Category: Company Law | Date: | Hits: 177
Pankaj Kumar Roy Vs. River Research Institute, 2006, 35 CLC (HCD)
....002 as in Annexure-R are declared to have been made without lawful authority and are of no legal effect. Tariq-ul Hakim J.- I agree. Ed. This Case is also Reported in: 7 LG (HCD) (2010) 258. ......002 as in Annexure-R are declared to have been made without lawful authority and are of no legal effect. Tariq-ul Hakim J.- I agree. Ed. This Case is also Reported in: 7 LG (HCD) (2010) 258. ......thout lawful authority and are of no legal effect. Tariq-ul Hakim J.- I agree. Ed. This Case is also Reported in: 7 LG (HCD) (2010) 258. ......elegated as such and also in pursuance of section 16 of the General Clauses Act, 1897 the Director General of River Research Institute being the appointing authority lawfully drew the proceeding in question against the petitioner and passed the impugned order dismissing the petitioner from the ser..Category: Employment/Service Law | Date: | Hits: 166
Azizul Hossain Mondal Vs. State, 2007, 36 CLC (HCD)
....e set at liberty forthwith if not wanted in connection with any other case. Send down the L.C.R. at once. Ed. This Case is also Reported in: 7 LG (HCD) (2010) 241; 13 BLC (HCD) (2008) 565. ......e set at liberty forthwith if not wanted in connection with any other case. Send down the L.C.R. at once. Ed. This Case is also Reported in: 7 LG (HCD) (2010) 241; 13 BLC (HCD) (2008) 565. ......connection with any other case. Send down the L.C.R. at once. Ed. This Case is also Reported in: 7 LG (HCD) (2010) 241; 13 BLC (HCD) (2008) 565. ......f Razzaque, Afzal, Sakra, Rajib and Samja are around the place of occurrence. He denied the defence suggestion that Saleka died by hang and he did not investigate the case properly. 24. The moot question for determination is whether the victim Saleka was hanged herself or she was killed by th..Category: Criminal Law | Date: | Hits: 108
Jahangir Alam Vs. State, 2004, 33 CLC (HCD)
.... arrested the accused persons and forwarded them to the Court. During investigation he found a good prima facie case against all the accused persons. He also seized a plastic gallon Garikon, from the possession of the accused Jahangir according to his showing. The said container contained some amoun......ed, P.W.9 Md. Helaluddin is a man who held a Salish against the accused Jahangir on the allegations of teasing of the P.W.6 (wile of the victim) before her marriage, P.W.10 Afsaruddin Bhandari is the landlord under whom the accused Jahangir was a tenant and in whose presence the police recovered the......ds with a copy of this Judgment to the concerned Tribunal for necessary action at once. Ed. This Case is also Reported in: 15 BLT (HCD) (2007) 191. ......y upheld. Send down the Lower Courts' Records with a copy of this Judgment to the concerned Tribunal for necessary action at once. Ed. This Case is also Reported in: 15 BLT (HCD) (2007) 191. ..Category: Criminal Law | Date: | Hits: 103
Abdul Hamid Shaikh Vs. Sree Sree Ram Krishna Dev & others, 1993, 22 CLC (HCD)
....arail, originally praying for a permanent injunction against the defendants 1‑4. Subsequently on the prayer of the plaintiff, the suit was amended as one for a declaration of title, confirmation of possession and permanent injunction, in respect of the suit land comprising 3.46 decimals of land as...... the defendants 1‑4. Subsequently on the prayer of the plaintiff, the suit was amended as one for a declaration of title, confirmation of possession and permanent injunction, in respect of the suit land comprising 3.46 decimals of land as described in the schedule of the plaint and in the alternat......mp; ors.................Respondent Judgment July 18, 1993. Result: The First Miscellaneous Appeal is dismissed. Cases Referred to- Choumuhani College and another Vs. Md. Ismail Hossain and others, 26 DLR 10; 11 DLR 377; Tarangini Debi Vs. Govinde Mallik and ors, 9 DLR 57; Fazlur Ra......ff's possession and for permanent injunction was incompetent and, as such, it was not maintainable and consequently, the consideration of the plaintiffs prayer for temporary injunction was out of the question. On appeal it appears from the appellate Judgment that the learned Subordinate Judge made t..Category: Property Law | Date: | Hits: 113
Eastern Bank Limited Vs. Subordinate Judge and another, 1997, 26 CLC (HCD)
....the money in any manner it likes as the ownership in such deposit vested with the bank and there is no question of exercising lien on the money over which the bank has absolute right of ownership and possession." 11. So there is no doubt that by the amount deposited by the plaintiff with the bank......nd of no legal effect and Artha Rin Adalat is directed to return the plaint to the plaintiff for presentation before the proper Court. Ed. This case is also Reported in:49 DLR (HCD) (1997) 531. ...... to return the plaint to the plaintiff for presentation before the proper Court. Ed. This case is also Reported in:49 DLR (HCD) (1997) 531. ......ited by the plaintiff With the said Bank in the FC account was not ordinary deposit but was placement of funds under special contract bearing interest when FC account did not cam any interest and the question whether the said transaction constitutes a loan (ঋণ) within the meaning of section 2(Kh..Category: Civil Law | Date: | Hits: 119
Shamsul Haque and another Vs. State, 1997, 26 CLC (HCD)
....de in India. 6. From the statements of the witnesses as discussed above it is clear that the sarees were found on the carrier of the bi‑cycle of accused Shamsul Haque and no sarees were found in possession of accused Nazrul Islam or on the carrier of his bi‑cycle. The learned Judge of the Tri......t and order of conviction and sentence passed by the Tribunal is modified accordingly. Send down the lower Court records at once. Ed. This case is also Reported in:49 DLR (HCD) (1997) 528. ......nbsp;by the Tribunal is modified accordingly. Send down the lower Court records at once. Ed. This case is also Reported in:49 DLR (HCD) (1997) 528. ......covered from the accused. But the case of the accused persons is that those were Bangladeshi sarees and they are Feriwalas and they were going to sell the sarees in the village. So, the most relevant question in this case is to decide whether the sarees which were seized are Indian sarees or not. ..Category: Criminal Law | Date: | Hits: 79
Crown Maritime Co. (1) Ltd. Vs. Royal Boskalis Westminster NV and others, 2009, 38 CLC (HCD)
....ordingly, the application for vacating the order of direction dated 28-1-2009 stands rejected. There will be no order as to cost. Ed. This Case is also Reported in: 16 BLC (HCD) (2011) 140. ......id two decisions are distinguishable from the instant case. 14. Lastly, Mr. Huq submits that both the parties have instituted a suit making claims and counter claims in one of the Court's of Netherlands, but both the aforesaid claim of the petitioner as well as the counter claim of the respondent......ction dated 28-1-2009 stands rejected. There will be no order as to cost. Ed. This Case is also Reported in: 16 BLC (HCD) (2011) 140. ......No.2 for purchase of the said Goods as well as Annexure X-1, being the Memo dated 12-5-2008 issued by the National Board of Revenue granting permission to respondent No.1 for purchase of the Goods in question. 8.Elaborating his submission, Mr. Huq contends that respondent No.6 is a bonafide purch..Category: Alternative Dispute Resolution | Date: | Hits: 632
Mizanur Rahman Khan Vs. American Liner Systems, USA and others, 2010, 39 CLC (HCD)
.... Court fee paid is sufficient. Hence it is ordered. That the suit be and hereby dismissed without any order as to costs. Ed. This Case is also Reported in: 16 BLC (HCD) (2011) 132. ......for damage to cargo imported.—The High Court of Admiralty shall have jurisdiction over any claim by the owner or consignee or assignee of any bill of lading of any goods carried into any port in England or Wales in any ship, for damage done to the goods or any part thereof by the negligence or mis...... Reported in: 16 BLC (HCD) (2011) 132. ......r alia, that the vessel 'MV Padma' did not encounter any high storm during her voyage from the port of Singapore to Chittagong and the container was stowed much high the water level and, as such, the question of the container being damaged due to contact with saline water cannot arise and moreover, ..Category: Admiralty Law or Maritime Law | Date: | Hits: 693
....municate this judgment to the respondent No.2, Artha Rin Adalat No.3, Dhaka at once.
Zinat Ara J.- I agree.
Ed.
This Case is also Reported in: 7 LG (HCD) (2010) 338; 18 BLT (HCD) (2010) 185.
......municate this judgment to the respondent No.2, Artha Rin Adalat No.3, Dhaka at once.
Zinat Ara J.- I agree.
Ed.
This Case is also Reported in: 7 LG (HCD) (2010) 338; 18 BLT (HCD) (2010) 185.
......in Adalat No.3, Dhaka at once.
Zinat Ara J.- I agree.
Ed.
This Case is also Reported in: 7 LG (HCD) (2010) 338; 18 BLT (HCD) (2010) 185.
......, 2003 (Act No. VIII of 2003); section 34 (9)
The Adalat is empowered to pass an order of civil imprisonment against the judgment-debtor/s only after taking steps to sell the mortgaged property in question.....................................(13)
Lawyers Involved:
Ms. Farida Akhter Chowdhur..
Category: Civil Law | Date: | Hits: 127
Md. Amanullah and others Vs. Md. Sirajul Islam, 2009, 38 CLC (HCD)
....ortion and Abdul Kader got 61/2 decimals of land from north east. Subsequently Abdus Salam by a registered hebanama deed No.8236 dated 16.11.1989 transferred his portion to the plaintiff, who is in possession in the suit land by constructing dwelling homestead thereon and paying taxes. The defenda......y as plaintiff instituted Title Suit No.61 of 1999 in the Court of Senior Assistant Judge, Rupgonj, Narayanganj, impleading the petitioners as defendants for permanent injunction in 6 1/2 decimals of land our of 65 decimals described in the schedule of the plaint. After institution of the suit the p......ngladesh and others, 42 DLR (HCD) 434; Gadal Chandra Burman and others Vs. Khagendra Barman and others, 53 DLR403; Abdus Samad Akand and others Vs. Abdul Halim Miji and others, 3 MLR (AD) 73; Rafizuddin Ahmed Vs. Mongla Barman and others, 11 BLD (AD) 245; Fazlul Karim Chowdhury (Md.) and others Vs. ...... Advocate - For the petitioners. Mohammad Nazrul Islam, Advocate - For the opposite party. Civil Revision No.1674 of 2006. Judgment Syed Md. Ziaul Karim J.- This Rule calls in question the legality and propriety of the judgment and decree dated 22.01.2006 passed by the learne..Category: Civil Law | Date: | Hits: 181
M.A Sobhan Bhuiyan Vs. State, 2011, 40 CLC (HCD)
....ed. Let a copy of this judgment be sent to the Chief Metropolitan Magistrate Court, Dhaka for information and necessary action. Ed. This Case is also Reported in:16 MLR (HCD) (2011) 399. ......ed. Let a copy of this judgment be sent to the Chief Metropolitan Magistrate Court, Dhaka for information and necessary action. Ed. This Case is also Reported in:16 MLR (HCD) (2011) 399. ......tropolitan Magistrate Court, Dhaka for information and necessary action. Ed. This Case is also Reported in:16 MLR (HCD) (2011) 399. ...... been well settled that if the first information report or petition of complaint taken as a whole and accepted on its face value does not constitute the alleged offence in such case there can be no question of appreciation of the evidence or of investigation or enquiry about truth or otherwise o..Category: Criminal Law | Date: | Hits: 104
Wazuddin and others Vs. Md. Serajuddin @ Islam and others, 2009, 38 CLC (HCD)
.... Md. Serajuddin @ Islam and others .............Opposite parties Judgment October 7, 2009. Result: The Rule is made absolute. In a suit for declaration of title and for recovery of possession, the plaintiff must prove his cause of auction i.e. his possession in and dispossession f...... The Rule is made absolute. In a suit for declaration of title and for recovery of possession, the plaintiff must prove his cause of auction i.e. his possession in and dispossession from the suit land in order to prove that the suit is within time. Case Referred to- Fatema Khatoon others V......d. This Case is also Reported in: 16 MLR (HCD) (2011) 217; 61 DLR (HCD) (2009) 788. ......Case No. 60 of 1970; that the Enemy Property authority has got no legal authority to lease out the said land in favour of the defendant No.2, as because the plaintiff is the sole owner of the land in question; and that on the basis of so-called lease the defendant No.2 forcibly dispossessed the plai..Category: Property Law | Date: | Hits: 106
....intiff appellants submits that the trial Court has failed to consider that the plaintiff appellants by adducing evidences successfully proved that the heirs of C.S. recorded tenants transferred the possession and title of plaintiff Nos.2-6 Amina Begum purchased the same and according to partition ......ssed by the learned Joint District Judge and Artha Rin Adalat, Narayangonj in Title Suit No.69 of 2006.
2. The plaintiff appellants instituted the instant suit for declaration of title in the suit land.
3. The plaint case, in short, is that Sabdi and Hisabdi were C.S. recorded tenant of the su......D) (2010) 321.
...... appeal is allowed without any order as to coasts.
Send down the lower Court records at once.
Nozrul Islam Chowdhury J.- I agree.
Ed.
This Case is also Reported in: 7 LG (HCD) (2010) 321.
..
Category: Property Law | Date: | Hits: 105
S.N. Kabir Vs. Mrs. Fatema Begum, 2010, 39 CLC (HCD)
.... In the result, the appeal is dismissed without order as to costs. Send down the lower Court records. M. Enayetur Rahim J.- I agree. Ed. This Case is also Reported in: 7 LG (HCD) (2010) 310. ......application for rejection of the plaint contending, inter alia, that the suit property is urban property and that the Land Reforms Ordinance of 1984 has been promulgated with the object to reform the land relating to land tenures, land holding and transfer with the view to maximizing production an......ellant Vs. Mrs. Fatema Begum………………………………..Respondent Judgment April 26, 2010. Result: The appeal is dismissed. Cases Referred to- Attorney General V. Prince Ernest Augustus, [1957] 1 All ER 49; Powell Vs. Kempton Park Racecourse Co. Ltd., [1899] AC 143......dul Islam, the learned Senior Counsel and Mr. Probir Neogi, learned Advocate appearing on behalf of plaintiff-appellant have submitted that when all the provisions of the Ordinance except section 5 unquestionable and beyond doubt relate to agricultural land and the purpose of the Ordinance is to max..Category: Property Law | Date: | Hits: 134
People's Republic of Bangladesh Vs. Chairman, Court of Settlement and others, 1996, 25 CLC (HCD)
....on has no merit and the Rule is liable to be discharged. In the result, the Rule is discharged. There will be no order as to costs. Ed. This case is also Reported in:49 DLR (HCD) (1997) 560. ......abandoned property. 9. We have heard the learned Advocates and perused the petition, affidavit‑in‑opposition and the Annexures annexed hereto. We have found that the original owner of the case land was in Bangladesh althrough and the House Building Finance Corporation granted loan in 1964 and......d. In the result, the Rule is discharged. There will be no order as to costs. Ed. This case is also Reported in:49 DLR (HCD) (1997) 560. ......d 31‑12‑1988 of the Court of Settlement, the petitioner obtained this Rule. 7. Mr. Mir Hashmat Ali, the learned Assistant Attorney‑General appearing for the petitioner, submits that the only question to be decided in this case is whether the case before the Court of Settlement was barred by..Category: Property Law | Date: | Hits: 113
Ananda Charan Halder Vs. Shubhadra Bachar & others, 1989, 18 CLC (HCD)
....the Judgment and decree passed by the learned Munsif in Title Suit No.526 of 1959 on 07.08.1959. The appeal arises out of the suit for declaration of title over the suit land and for recovery of khas possession. 2. Plaintiff's case, in short, is that the suit land comprising an area of 3.14 acres......tle Appeal 208/1961 reversing the Judgment and decree passed by the learned Munsif in Title Suit No.526 of 1959 on 07.08.1959. The appeal arises out of the suit for declaration of title over the suit land and for recovery of khas possession. 2. Plaintiff's case, in short, is that the suit land co......owever, without any order as to costs. Ed. This Case is also Reported in: 36 DLR (HCD) (1984) 78. ......hout reversing his finding and referring to the material on which the trial Court based his finding. He further submits that the learned appellate Court erred in law in holding that the transfer in question by Jatri in favour of Subhadra was for legal necessity. According to him this transfer was ..Category: Procedural Law | Date: | Hits: 81
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