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State Vs. Shah Alam, 2003, 32 CLC (HCD)

.... is accordingly, directed to shift the condemned prisoner from the condemned cell to some other cell meant for the convict prisoners. Ed. This Case is also Reported in: 56 DLR (HCD) (2004) 232. ...... of cross‑examination, is that deceased Jannati Khatoon was killed by unknown assailant and the condemned prisoner was falsely implicated in this case because of grudge and enmity concerning landed property. In this background of the case, the learned Additional Sessions Judge convicted the condem..

Category: Criminal Law | Date: | Hits: 54

Joynal Abedin (Md) Vs. Gurupada Chakraborty and others, 2002, 31 CLC (HCD)

.... Communicate the order at once to the learned Senior Assistant Judge, Chandina in Comilla for his information and necessary action. Ed. This Case is also Reported in: 56 DLR (HCD) (2004) 230. ......ourt of the Assistant Judge, Chandina in Comilla for cancellation of the disputed sale deed as being forged, fraudulent and without consideration and also for recovery for possession in the scheduled property. 3. During the pendency of the suit plaintiff Gurupada Chakraborty went to India and fe..

Category: Property Law | Date: | Hits: 65

Haji Md. Shamsul Haque Vs. Pubali Bank Limited, 2009, 38 CLC (AD)

....tioner is set aside and the deposited amount be returned to the present petitioner. With this observation the petition is disposed of. Ed. This Case is also Reported in: 16 MLR (AD) (2011) 75.......ase No.29 of 1994 based on judgment and decree dated 06.04.1994 in Money Suit No. 21 of 1993 passed by the learned Joint District Judge, 2nd Court, Gazipur. 4. In the execution case the mortgaged property was put on auction sale. The petitioner and 9 (nine) other persons participated in the bid...

Category: Others | Date: | Hits: 109

H.M.A. Sattar Vs. Government of People's Republic of Bangladesh, 2009, 38 CLC (AD)

....ns given appear to be cogent reasons. It appears from the cause title of the, writ petition that the petitioner as described himself therein, goes to show that the writ petition has been filed in his personal capacity and there is no reference to his relationship with the School or its management co......fere with the impugned judgment and order passed by the High Court Division. Accordingly, the application for leave to appeal is dismissed. This Case is also Reported in: 16 MLR (AD) (2011) 71. ..

Category: Civil Law | Date: | Hits: 90

Chand Mia and others Vs. MA Rajput Ghosh Bahadur & others, 2002, 31 CLC (HCD)

.... to the plaint and corresponding correction to the decree in Title Suit No. 2 of 1959 as prayed for. There is no order as to cost. Ed. This Case is also Reported in: 56 DLR (HCD) (2004) 221. ......ase of Ibrahim Sk and others Vs. Janab Sk alias Janab Ali Sk & others reported in 29 DLR 81. It was held in that case as follows: "Where a mistake has crept into the description of an item of property in the plaint schedule and the mistake has been carried over in the decree, the court certa..

Category: Property Law | Date: | Hits: 61

Grameen Telecom Vs. Dr. Rowshan Alam and others, 2010, 39 CLC (AD)

....y to the suit. We, therefore, find no reason to interfere with the same. The petition is accordingly dismissed. Ed. This Case is also Reported in: 16 MLR (AD) (2011) 69, VIII ADC (2011) 43. ......igh Court Division in Civil Revision No.1932 of 2010. 2. Facts relevant for disposal of this petition are that the plaintiff filed Title Suit No.73 of 2009 seeking declaration of title in the suit property. In the said suit, the petitioner filed an application on 24th February, 2010 under Order 1..

Category: Procedural Law | Date: | Hits: 115

Syed Afsaruddin Vs. Bangladesh, represented by the Secretary, Ministry of Works, Government of the People's Republic of Bangladesh and others, 2009, 38 CLC (AD)

....and thus there is no merit in the leave petition. Accordingly, the petition for leave to appeal is dismissed Ed. This Case is also Reported in: 16 MLR (AD) (2011) 49, 63 DLR (AD) (2011) 127. ......he judgment and order dated 27.11.2007 passed by a Division Bench of the High Court Division in Writ Petition No. 6916 of 1997 discharging the Rule. 2. In the writ petition the listing of the case property as an abandoned property has been challenged by the writ petitioner claiming to be the purc..

Category: Property Law | Date: | Hits: 54

Commissioner of Taxes Vs. Bangladesh Rural Advancement Committee (BRAC), 1999, 28 CLC (HCD)

....estions put to us in the reference applications are in the affirmative. These two Reference Applications are accordingly disposed of. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 152. ......unsel appearing on behalf of the respondent on the other hand submits that this respondent is wholly a charitable institution and it has been established only for charitable purposes and no income or property was held by the institution for any other purpose. The income that has been derived out of ..

Category: Fiscal/Taxation Law | Date: | Hits: 99

Mazharul Haque Qureishi Vs. Giridhari Rishi and others, 1998, 27 CLC (HCD)

....In the result, the Rule is discharged without any order as to costs. The order of stay earlier granted by this Court stands vacated. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 149.......r the purpose of the case are that the mother of the petitioner as plaintiff instituted a Suit m the Court of the Subordinate Judge, Dhaka being Title Suit No. 1036 of 1995, for partition of the suit property by metes and bounds. Subsequently the said suit was transferred to the Court of the Subordi..

Category: Property Law | Date: | Hits: 57

Islamic Foundation Bangladesh Vs. Firoz Alam and others, 1997, 26 CLC (HCD)

....1-11-1995 passed by this Court staying the operation of the impugned judgment and decree passed by the trial Court is hereby vacated. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 141. ...... of the Specific Relief Act? (3) Whether the suit is barred by limitation? (4) Whether the Suit is bad for defect of parties? (5) Whether the plaintiff is the sixteen annas owner of the suit property? (6) Whether the plaintiff is entitled to recovery of khas possession as well as permane..

Category: Property Law | Date: | Hits: 116

Mainul Haque (Md.) Vs. Secretary, Ministry of Water Resources, Government of the People’s Republic of Bangladesh, 1998, 27 CLC (HCD)

....tted the copy of the reply to the Enquiry Officer. The reply dated 14-2-94 has been annexed to the petition as Annexure-I. 12. The enquiry officer accordingly, held the enquiry on 17-4-94 and gave personal hearing to the petitioner. The enquiry officer submitted his report stating, inter alia, th......efits he is entitled to get under the aforesaid Bangladesh Water Development Board (Employees) Service Rules, 1982, i.e. under the law. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 136...

Category: Employment/Service Law | Date: | Hits: 72

Md. Nasirullah & other Vs. Md. Ziauddin Khan & others, 2007, 36 CLC (AD)

....on record arrived at a correct decision. There is no cogent reason to interfere with the same. Accordingly, the leave petition is dismissed. This Case is also Reported in: 18 BLT (AD) (2010) 19. ......ted 1/3 share. Dil Mohammad subsequently died issue less leaving behind his sister Kadbanu who inherited the share of her brother Dil Mohammad and while in possession she mortgaged the 'Kha' schedule property by a registered deed dated 31.08.1936 in favour of one Yasin Khan. Kadbanu Bewa died before..

Category: Property Law | Date: | Hits: 60

Azam Khan Chowdhury Waqf Estate Vs. Government of the People's Republic of Bangladesh and others, 2008, 37 CLC (AD)

.... above, we find no substance in the submission of the learned Advocate-on-Record for the petitioner. Accordingly, the petition is dismissed. This Case is also Reported in: 19 BLT (AD) (2011) 5. ......eal (Sunamganj) in Case No. 2-41/2003 Appeal (Sunamganj) and in Case No. 2-42/2003 Appeal (Sunamganj) in three judgments as marked Annexures-D, D1 and D2 clearly stated and directed that the disputed property of the appeals are the property of Azam Khan Chowdhury Waqf Estate. The learned Advocate fu..

Category: Property Law | Date: | Hits: 71

Hanif Sheikh (Md.) Vs. Asia Begum, 1998, 27 CLC (HCD)

.... question. 14. Law requires that a Court or a Tribunal adjudicating any judicial matter before it must administer justice according to law end must not allow itself to be influenced by emotions or personal notions, however heinous the offence involved in the case may be. A dispassionate and balan......he charges leveled against him. The accused petitioner is discharged from his bail bonds. Send down the lower Court records at once. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 129...

Category: Criminal Law | Date: | Hits: 67

Nasim Anwar Hossain Vs. Bangladesh Bank and others, 2010, 39 CLC (HCD)

....share holder to the extent of 15% in the said Ben-Lub Pte Ltd. In course of its business, the said company took loan from two banks namely Dhaka Bank Ltd. and Bank Asia Ltd. The petitioner was also a personal guarantor against the said loans. Due to financial strain the company defaulted in payment ......dent from annexe-B to the writ petition) is hereby declared to have been done without lawful authority and is of no legal effect. Nazmun Ara Sultana, J.- I agree. This Case is also Reported in: ..

Category: Civil Law | Date: | Hits: 167

Md. Arif Gaffar Vs. Artha Rin Adalat, Khulna and others, 2010, 39 CLC (HCD)

....reby cancelled. The office is directed to communicate the copy of this judgment at once to the concerned executing Court. Nazmun Ara Sultana, J.- I agree. This Case is also Reported in: ......mount. The decree-holder bank put the decree in execution by filing Artha Jari Case No.185 of 2006. In course of the execution proceedings, the decree holder bank unsuccessfully attempted to sell the property, given as collateral against the loan. At one stage there was a negotiation between the par..

Category: Civil Law | Date: | Hits: 169

Norendra Chandra Dash and others Vs. Md. Solaiman Chowdhury & others, 1997, 26 CLC (HCD)

.... In the result, the Rule is made absolute. The impugned order dated 2-3-91 is thus set aside. There will be no order as to costs. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 81. ......aining to khatian No.114 of mouza Ullashwar, that plaintiff No.3 has been living on the land with her husband and children. In 1985 defendant No.5 proposed to sell his portion and share in the ejmali property and the plaintiffs having agreed to purchase the same paid the consideration money to defen..

Category: Property Law | Date: | Hits: 98

Kala Miah Vs. Gopal Chandra Paul and others, 1998, 27 CLC (HCD)

.... basis of oral gift from her husband Chandra Kumar Paul is valid in law. The learned Advocate submits that since donor and the donee both belong to Hindu community, provision of Hindu Law being their personal law shall prevail over the provision of the Transfer of Property Act and the oral gift is t......orts the decision of the trial Court and submits that Marani did not acquire any title on the basis of oral gift from her husband Chandra Kumar Paul and therefore she had no authority to transfer the property on the basis of the agreement in favour of the plaintiff. The learned Advocate submits that..

Category: Property Law | Date: | Hits: 51

Arbi Khanom and 4 others Vs. State, 2000, 29 CLC (HCD)

.... In the above view, we do not find any merit in the Rules, and accordingly, the Rules are discharged without any order as to costs. Ed. This Case is also Reported in: 52 DLR (HCD) (2000) 367. ......land in favour of the petitioners. He has referred to a decision in the case of Abdur Rouf and another Vs. Government of East Pakistan reported in 22 DLR 193, where it has been held that retention of property under requisition when there is no subsisting purpose is illegal and the Government should ..

Category: Criminal Law | Date: | Hits: 37

Habibur Rahman Paikar (Md.) Vs. Gour Gopal Datta and others, 1998, 27 CLC (HCD)

.... within three months from the date of receipt of the order. Communicate this order to the learned Subordinate Judge, Bogra at once. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 54. ...... Sheikh owned and possessed the suit land by construction of huts in a portion thereof and the remaining portion of the said land by way of cultivation. While being in rightful possession of the suit property, Najir Shaikh sold the entire suit land to one Chunu Sheikh and Tapun Bibi by a registered ..

Category: Property Law | Date: | Hits: 88