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Azim vs. Naim Ara Begum, 2003, 32 CLC (HCD)

....faulter and the plaintiff had no contractual obligation to allow the defendant to retain possession of the property after expiry of the contract period. The defendant had established a factory on the land, of the plaintiff on the basis of monthly payable rent and, as such, there was a salish and it ......on) Present: Khondker Musa Khaled J Azim………………………………………..Petitioner Vs. Naim Ara Begum..................Opposite Party Judgment April 30, 2003. Case Referred To- Subrati-appellant vs Kunz Behari Lal and others respondent, AIR 1946, Allahabad......-6‑1997 passed by the learned Judge of the Small Causes Court and Subordinate Judge, 3rd Court, Dhaka in SCC Suit No. 3 of 1995. 2. The relevant facts, necessary for disposal of the Rule, are that the opposite party No.1 instituted the above noted SCC Suit against the petitioner (defendant) f......te Party Judgment April 30, 2003. Case Referred To- Subrati-appellant vs Kunz Behari Lal and others respondent, AIR 1946, Allahabad 403. Lawyers Involved: Golam Mostafa, Advocate-For the Petitioner. AA Chowdhury Advocate-For the Opposite Party. Civil Revision No. 2969 of 19..

Category: Property Law | Date: | Hits: 28

Abdur Rashid Mia (Md) Vs. Md. Hasem Ali Mia & others, 2003, 32 CLC (HCD)

....il, in Miscellaneous Case No. 6 of 1996. 2. The petitioner as pre‑emptor filed Miscellaneous Case No. 6 of 1996 before the Court of learned Assistant Judge, Basail, Tangail to preempt the case land. 3. The pre‑emptor's case, in short, is that the case land originally belonged to Dianat U......eby restored. Send down the record at once. Ed. This Case is also Reported in: 56 DLR (2004) 155. ......petitioner as pre‑emptor filed Miscellaneous Case No. 6 of 1996 before the Court of learned Assistant Judge, Basail, Tangail to preempt the case land. 3. The pre‑emptor's case, in short, is that the case land originally belonged to Dianat Ullah and Kudrat Ali Sheikh under CS Khatian No. 129......Abdur Rashid Mia (Md) ...................Petitioner Vs. Md. Hasem Ali Mia & others..............Opposite Parties Judgment October 25, 2003. Cases Referred To- Hajera Bibi vs. Noor Jahan Begum,35 DLR 338; Jafar Ali vs. Husier Ali and others, 46 DLR (AD) 187; Dalilur Rahman vs. ..

Category: Property Law | Date: | Hits: 39

Nurujjaman and others (Md) Vs. Md. Sajjad Ali and others, 2002, 31 CLC (HCD)

....instituted Title Suit No. 67 of 1992 in the Second Court of Subordinate Judge at Sylhet against the 19 (nineteen) defendants for a decree of declaration that the plaintiffs have got title in the suit land measuring about 15 acres, that orders dated 13‑9‑90 and 29‑8-91 passed in appeal and re......cordance with law. Communicate at once. Ed. This Case is also Reported in: 56 DLR (2004) 149.......y the learned Subordinate Judge, Second Court at Sylhet in Title Suit No. 118 of 1999 which rejected an application made under section 10 of the Code. 2. Short facts for disposal of the Rule are, that the petitioners as plaintiff instituted Title Suit No. 67 of 1992 in the Second Court of Subordi......ts Judgment August 13, 2002 Cases Referred To- Altaf Hossain vs Abbas Ali and another 45 DLR 374; Asker Ali vs Shamsul Alam 4 MLR (AD) 190. Lawyers Involved: AFMA Rahman, Advocate-For the Petitioner. Khan Saifur Rahman, Senior Advocate-For Respondent No.1. Civil Revision No...

Category: Procedural Law | Date: | Hits: 65

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

....ned prisoner and accused appellant insisted that he must settle the matter then and there which he refused to do. Consequently, the condemned prisoner Abul Kashem inflicted a dagger blow on the right land side chest of the Chairman and then both of them fled away towards the wheat field. PW 3 Moshar...... Ed. This Case is also Reported in: 56 DLR (2004) 132.......nt Anowar Hossain alias Pintu by the learned Sessions Judge, Comilla in Sessions Trial Case No. 37 of 1998 are heard and disposed of by this single judgment. 2. The prosecution case, in brief, is that at about 5‑5.30 PM on 10‑3‑96 two minor boys, Mizan and Faruque, aged about 8 years, pluck......hers vs. State 44 DLR (AD) 60; Safdar Ali 5 DLR (FC) 64. Muslimuddin & others vs. State 38 DLR (AD) 311; State vs. Lalu Mia and others 39 DLR (AD) 117. Lawyers Involved: Golam Kibria, Deputy Attorney-General with Snigdha Huq, Assistant Attorney-General in support of the Reference. Dr. Abul ..

Category: Criminal Law | Date: | Hits: 39

State Vs. Mir Hossain alias Mira and others, 2003, 32 CLC (HCD)

....nd Criminal Jail Appeal No. 2267 of 2001. Judgment AK Badrul Huq J.- Dead body of Rokeya Begurn with injuries on left ear, left mendibular region, right eye, neck and right thumb was found on a land by side of east bank of Sarwatali canal under Ashashida Mouza within Police Station Senbag. ......ion (Criminal Appellate Jurisdiction) Present: AK Badrul Huq J Md. Abu Tariq J State……………………………………………………….Petitioner Vs. Mir Hossain alias Mira and others……….Condemned Prisoners Judgment December 9, 2003. Case Referred To...... his property to deceased Rokeya Begurn by way of registered deed of conveyance and took back deceased Rokeya Begum to his own house Accused Shah Alam came to an agreement with deceased Rokeya Begum that he would not maintain a relationship with second wife accused Khodeja Begum. But in total disreg......�………………….Petitioner Vs. Mir Hossain alias Mira and others……….Condemned Prisoners Judgment December 9, 2003. Case Referred To- Barendra Kumar Ghosh Vs. King Emperor, AIR 1925 PC 1. Lawyers Involved: Md. Helaluddin Molla, Deputy Attorney General with Md. Gi..

Category: Criminal Law | Date: | Hits: 31

Ekushey Television Ltd. and another Vs. Bangladesh and others, 2003, 32 CLC (HCD)

.... that with all the experienced personnel who are still employed with the company ETV could start afresh and broadcast immediately. Being encouraged by the observation made by the highest Court of the land, in their Judgment in Civil Review Petition No. 79 of 2002, the present chairman came forward t......lso Reported in: 56 DLR (2004) 91.......through a satellite channel without any hindrance and/or such other or further order or orders passed as to this court may seem fit and proper. 3. In this petition it has been stated, inter alia, that Ekushey Television Ltd. shortly, ETV Ltd., was incorporated on 1‑7‑1998 under the Companies ......0, 2003. Cases Referred To- Suresh vs. Vasanta and others, AIR 1972 0f 1680. Lawyers Involved: Dr. Kamal Hossain with Abdul Matin Khasru, Tanjib-ul-Alam and Md. Mozammel Haque, Advocates-For the Petitioner (In Writ Petition Nos. 3488 and 4196 of 2003) A Hasib with Kamal Ziaul Islam, A..

Category: Information Technology Law | Date: | Hits: 230

Salauddin Jamil Vs. Amjad Ali Khan and another, 2004, 33 CLC (HCD)

.... 3. In the application, it is stated that the petitioner and opposite party No. 1 entered into an agreement on 18‑6‑2000 for construction of a building by said opposite party on 04.65 kathas of land of the petitioner. It was stipulated that the petitioner would get Taka 32,27,647.00 as price o......lled and vacated. Communicate at once. Ed. This Case is also Reported in: 56 DLR (2004) 87. ......ure against an order dated 24‑9‑2001 passed by Subordinate Judge (Court No. 3) at Dhaka in Title Suit No. 182 of 2000, which rejected an objection to the award filed in Court. 2. It is stated that on 29‑11‑2000 opposite party No. 1 made an application under section 14(2) read with section......r .................Opposite Parties Judgment January 21, 2004. Case Referred To- Dhaka Leather Complex vs. Sikder Construction Limited, 55 DLR 578. Lawyers Involved: AB Siddique-For the Petitioner Mohiuddin Ahmed-For the Opposite Parties. Civil Revision No. 230 of 2001. ..

Category: Alternative Dispute Resolution | Date: | Hits: 161

Arif Iftekhar Ali and others Vs. Sekandar Ali Hawlader, 2002, 31 CLC (HCD)

....Civil Procedure against order No. 10 dated 8‑10‑2001 passed by Joint District Judge, Court No. 1 at Gazipur in Miscellaneous Case No. 26 of 2001, which allowed a prayer for inspection of the suit land. 2. Opposite party as plaintiff on 8‑8‑2001 instituted Title Suit No. 145 of 2001 agains......dings pending before him. Communicate. Ed. This Case is also Reported in: 56 DLR (2004) 82. ......ion of the suit land. 2. Opposite party as plaintiff on 8‑8‑2001 instituted Title Suit No. 145 of 2001 against the defendants for a decree of perpetual injunction. In the plaint, it is stated that the plaintiff purchased the suit lands described fully in schedule 'Ka' and 'Kha' to the plaint ......shnu Pada, AIR 1979 Cal 296, Ministry of Industries and another vs. Shafi A Chowdhury, 47 DLR 443; Mahendranath vs. Puranananda, AIR 1988 Orissa 248; Kazi Abdul Awal Zewar Rashid vs. Dhaka Municipal Corporation and another, 45 DLR 509; Abdur Rouf Chowdhury vs. Abdul Hashem and another, 53 DLR 458; N..

Category: Property Law | Date: | Hits: 26

Jalal Uddin and others Vs. State, 2003, 32 CLC (HCD)

.... Send down the LC records along with a copy of this judgment to the trial Court concerned immediately for information and necessary action. Ed. This Case is also Reported in: 56 DLR (2004) 69.......mediately for information and necessary action. Ed. This Case is also Reported in: 56 DLR (2004) 69....... each. The accused-appellants also found guilty for the offence under sections 148/323/325 of the Penal Code, but no separate sentence was passed thereunder. 2. The prosecution case, in brief, is that Solema, the step‑sister of the informant, was married with accused-appellant Helaluddin with w......rs……….Appellants Vs. State ………………………….………Respondent Judgment April 8, 2003. Lawyers Involved: Sheikh Muhammad Sirajul Islam with AKM Shahidul Islam-For the Accused-Appellants. Md. Rabiul Karim, Assistant Attorney General with Snigdha Huq, Assista..

Category: Criminal Law | Date: | Hits: 28

Dulal Mia (Md) Vs. State, 2003, 32 CLC (HCD)

....but no one else was found to weep. She frankly admitted that her mother did not pay the money through her. 14. PW 5, a neighbour of the mother of the deceased, claimed that he purchased a piece of land from PW 1 and the sale proceeds of which she proposed to deliver to the accused-appellant. Inci......mediately for information and necessary action. Ed. This Case is also Reported in: 56 DLR (2004) 65.......fer rigorous imprisonment for one month more, in Sessions Case No. 222 of 1993 arising, out of GR No. 48(2)92 corresponding to Kalmakanda PS Case No. 5(9)52. 2. The prosecution case, in brief, is that the deceased Fultara was married with the accused appellant 5/6 years ago, but their conjugal ......78; Abdus Salam vs. State, 19 DLR 98; State vs. Kalu Bepari, 43 DLR 249; State vs. Shafiqul Islam alias Shafique and others, 43 DLR (AD) 92. Lawyers Involved: AM Abdus Sobhan Tarafder Advocate-For the Accused -Appellant. ABM Waliur Rahman Khan, Assistant Attorney General-For the Responden..

Category: Criminal Law | Date: | Hits: 88

Noor Mohammad Vs. Md. Noor Hossain & another, 2002, 31 CLC (HCD)

....g written statement contending, inter alia, that he is not a tenant under the plaintiff and that the plaintiff has no title and possession in the suit premises. According to defendant No. 1, the suit land belonged to Dhaka City Corporation and the defendant No. 1 has been carrying on business in the......vacated. Send down the LCR at once. Ed. This Case is also Reported in: 56 DLR (2004) 53. ......endant from the suit premises. The suit was subsequently transferred to the learned Assistant Judge, 5th Additional Court, Dhaka and was renumbered as title Suit No. 8 of 1999. The plaintiff alleged that the defendant No. 1 is a tenant under the plaintiff at a monthly rental of Taka 2000 and subsequ...... Send down the LCR at once. Ed. This Case is also Reported in: 56 DLR (2004) 53. ..

Category: Tenancy Law | Date: | Hits: 171

Shah Newaz (Md.) and others Vs. Shah Wali and another, 2001, 30 CLC (HCD)

....end down the original case records at once with a copy of this judgment to the learned District Judge, Dhaka for necessary action accordingly. Ed. This Case is also Reported in: 54 DLR (2002)375.......urisdiction) Present: Md. Abdus Salam J Shah Newaz (Md.) and others ………….Petitioners Vs. Shah Wali and another……..Opposite-Parties Judgment November 24, 2001. Cases Referred To- Haji Afizuddin Ahmed vs. AKM Ashraf Ali, 19 DLR 775; Dilder Ahmed Chowdhury vs.......ed by Assistant Judge, 6th Court, Dhaka in Title Suit No. 147 of 1990, rejecting the plaint. 2. The plaintiff-petitioner preferred this Revisional application mainly on the grounds, among others, that both the courts below travelled beyond the plaint and based their findings upon the averments ma......astern Limited vs. Burma Eastern Employees Union, PLD 1967 Dacca 190 = 18 DLR 709; Jalaluddin Ahmed vs. Matiur Rahman Khan and others, 41 DLR 77. Lawyers Involved: Md. Samsul Hoque, Advocate—For the Petitioners. Md. Abdus Salam Khan with Aminul Islam Mondal, Advocates—For the Substitute..

Category: Trust/Waqf Law | Date: | Hits: 187

Ali Hossain (Md) and Other Vs. State, 2000, 29 CLC (HCD)

....gar Ali, was known to them from before. He identified accused Md. Ali Hossain believing that he was Haji Asgar Ali. He proved the Form Mat Exhibit 1 for Taka 34,518.00 as compensation for acquisition land. He further stated that accused Md. Ali Hossain put his signature in Exhibit 1 as Haji Asgar Al......A Mahbub, Assistant Attorney-General- For the Respondent. Criminal Appeal No. 948 of 1996. Judgment Gour Gopal Saha J.- This appeal is directed against the judgment and order dated 8-7-1996 passed by the Division Special Case No.60 of 1994 convicting accused-appellants Md. Ali Hossain and T...... each, in default, to suffer Rigorous Imprisonment for a further period of one year while acquitting co-accused Md. Abdul Hamid and Md. Lutfor Rahman Bakshi. 2. The prosecution case, in short, is that Md. Shahjahan, an Officer of Janata Bank, Corporate Branch, Dhaka on 13-1-87 lodged a First Info...... Vs. State ……………………………………………………..Respondent Judgment February 7, 2000. Lawyers Involved: Md. Abdul Mannan Khan and Kanailal Saha, Advocates—For the Appellant (Tara Mia). Saifuddin Md. Aminur Rahim, Advocate- For the Appellant (Ali Hossain..

Category: Criminal Law | Date: | Hits: 40

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

....stry of Land in favour of the petitioner which they are under an obligation to do. 2. Short facts giving rise to the issuance of this Rule are as follows: The petitioners were the owners of the land in question of LA Case No.44 of 1959-60 measuring 2.26 acres recorded in CS plots No.110 and 11......……………………………………………….Petitioner Vs. Secretary, Ministry of Land and others……………………………Respondents Judgment February 2, 1999. Case Referred To- Al Haj Bashar being dead his heirs Hosne Ara Begum and others Vs. Bangladesh and...... Case No.44 of 1959-60 for digging earth for the construction and improvement of Kamalapur Railway Station, but it remained unused till 1985. 3. Then in 1985 it was published in the Daily Ittefaq that those acquisitioned lands which are left unused and patit shall be returned to their original ow......t February 2, 1999. Case Referred To- Al Haj Bashar being dead his heirs Hosne Ara Begum and others Vs. Bangladesh and others, 50 DLR (AD) 11. Lawyers Involved: AKM Faiz, Advocate—For the Petitioner. Shaheed Ahmed Advocate—For Respondent No.1. Writ Petition No. 2277 of 199..

Category: Property Law | Date: | Hits: 28

Salim (Md.) Vs. State, 2001, 30 CLC (HCD)

....ne of Taka 5,000.00 in default, to suffer RI for a further period of 6 months is affirmed. Send down the lower Courts records immediately. Ed. This Case is also Reported in: 54 DLR (2002) 359.......�………………………………..Respondent Judgment August 6, 2001. Result: The appeal is dismissed. Lawyers Involved: Mahmooda Begum, Advocate—For the Appellant. AQ Rashid Ahmed, Assistant Attorney-General—For the State. Criminal Appeal No.1811 of 1995. Jud......Code and sentencing him thereunder to suffer imprisonment for life and to pay a fine of Taka 5,000 in default, to suffer RI for a further period of 6 months. 2. The prosecution case, in short, is that accused appellant Md. Salim used to tease informant, Abdul Bari’s daughter victim alias Feroja......nt Vs. State……………………………………..Respondent Judgment August 6, 2001. Result: The appeal is dismissed. Lawyers Involved: Mahmooda Begum, Advocate—For the Appellant. AQ Rashid Ahmed, Assistant Attorney-General—For the State. Criminal Appea..

Category: Criminal Law | Date: | Hits: 53

Moinuddin Ahmed alias Farook Vs. Khursheda Begum and others, 2001, 30 CLC (HCD)

....a, that by deed of gift dated 25-8-77 late Alimuddin, the husband of the plaintiff, gifted ‘Ka’ and ‘Kha’ schedule property to her and also handed over the delivery of possession of the above lands to her on the same date. Then Alimuddin died in the year 1979 leaving behind the plaintiff, hi......acated. Ed. This Case is also Reported in: 54 DLR (2002) 354. ......998 reversing the judgment and decree dated 16-2-98 passed by the learned Additional Assistant Judge, Second Court, Dhaka in Title Suit No. 96 of 1995. 2. Brief facts for disposal of the Rule are that the opposite-party No. 1, as plaintiff, instituted the above Title Suit No. 96 of 1995 stating, ......��………………….Petitioner Vs. Khursheda Begum and others………………. Opposite-Parties Judgment June 18, 2001. Lawyers Involved: Mizanur Rahman Bhuiyan, Advocate—For the Petitioner. ASM Wahidul Momen Chowdhury with Fedaushi Shorab, Advocates—For Opposite-Par..

Category: Property Law | Date: | Hits: 32

Abdul Mannan (Md) Vs. Swaraj Roy and others, 2001, 30 CLC (HCD)

....re that the petitioner as plaintiff on 11-1-2000 institute suit for specific performance of contract. His case is that opposite party No. 2 entered into a contract with him for sale of 3.315 acres of land at a consideration of Taka 2,37,000 and on receipt of Taka 2,00,000 opposite party No. 2 execut......reby re-called and vacated, Communicate. Ed. This Case is also Reported in: 54 DLR (2002) 352. ......nate Judge, 2nd Court at Noakhali in Title Suit No. 2 of 2000 which allowed the prayer of opposite party No. 1 for addition as a defendant in the suit. 2. Short facts for disposal of the Rule are that the petitioner as plaintiff on 11-1-2000 institute suit for specific performance of contract. Hi...... Golam Kader vs. Abdul Khaleque Choukder and others, 43 DLR (AD) 107; Muzaffar Ali and another vs. Monwara Hospital and others, 1999 BLD 484; Muhammad Ishaq vs. Jamila Begum and others, PLD 1955 Lahore 644; Surjya Kanta Majhi and another vs. Aswini Kumar Debnath and others, 16 DLR 238; Barjang Lal..

Category: Property Law | Date: | Hits: 31

Mirpur Mazar Co-operative Market Society Ltd. Vs. Ministry of Works, Government of People’s Republic of Bangladesh and others, 1999, 28 CLC (HCD)

.... briefly, is this. Plaintiff is a registered co-operative society. The Society is the owner of a three storied super market building at 1, Darus Salam Main Road, Mirpur, within the City of Dhaka on a land of about three bighas leased out by the Government to the Society vide a registered deed of lea......Mahbubuddin Ahmed, Advocate—For the Defendant No. 6. Transfer Suit No.1 of 1995. Judgment Md. Gholam Rabbani J.-This suit filed in the 1st Court of Assistant Judge, Dhaka, and registered as Title Suit No.92 of 1993 was withdrawn from that Court and this Bench is disposing of this transf......No. 6. Transfer Suit No.1 of 1995. Judgment Md. Gholam Rabbani J.-This suit filed in the 1st Court of Assistant Judge, Dhaka, and registered as Title Suit No.92 of 1993 was withdrawn from that Court and this Bench is disposing of this transferred suit by the order of the learned Chief Jus......rt Division (Special Original Jurisdiction) Present: Md. Golam Rabbani J Md. Latifur Rahman J Mirpur Mazar Co-operative Market Society Ltd…………Plaintiff Vs. Ministry of Works, Government of People’s Republic of Bangladesh and others……Defendants Judgment Fe..

Category: Property Law | Date: | Hits: 72

Ganesh Chandra Das Vs. Arati Acharjya, 2001, 30 CLC (HCD)

....d down the original records at once with a copy of this judgment to the learned District Judge, Chittagong for necessary action accordingly. Ed. This Case is also Reported in: 54 DLR (2002)348. ......on accordingly. Ed. This Case is also Reported in: 54 DLR (2002)348. ......er Vs. Arati Acharjya……………. Opposite Parties Judgment July 31, 2001. Cases Referred To- Pachan Rishidas vs. Khuku Rani Dasi and others, 1997 BLD 563 = 50 DLR 47, Jamila Khatun vs. Rustom Ali, 1996 BLD (AD) 61 = 48 DLR (AD) 110, Abdur Rahim vs. Arifur Rahman, 50 DLR 166.......si and others, 1997 BLD 563 = 50 DLR 47, Jamila Khatun vs. Rustom Ali, 1996 BLD (AD) 61 = 48 DLR (AD) 110, Abdur Rahim vs. Arifur Rahman, 50 DLR 166. Lawyers Involved: Moqbal Ahmed, Advocate—For the Defendant Petitioner. Khurshid Alam Khan, Advocate—For the Plaintiff-Opposite Party. ..

Category: Family Law | Date: | Hits: 186

Mirza Abdul Bari Beg and Others Vs. Zahidannessa and others, 2001, 30 CLC (HCD)

....party No.1 and the predecessor of opposite party Nos. 2 to 7 as plaintiffs instituted Other Suit No. 246 of 1981 for declaration of title and partition for separate share in respect of 56 decimals of land described in schedule-A to the plaint. On 30-9-90 the suit was decreed on contest in the prelim......very of possession to the decree-holders. Ed. This Case is also Reported in: 54 DLR (2002)344. ...... July 31, 2001. Cases Referred To- Md. Islam vs. Munshi Aabdur Rahman, 6 DLR 81, Md. Mokan Ali Lasker vs. Sekandarul Islam, 17 DLR 673; Ajiruddin vs. Rahman Fakir, 13 DLR (SC) 191; Safia Khatun vs. Mahbubur Rahman, 13 DLR 753; Shah Abdul Hamid vs. Prokash Chandra Nandi and another, 38 CW......ahman Fakir, 13 DLR (SC) 191; Safia Khatun vs. Mahbubur Rahman, 13 DLR 753; Shah Abdul Hamid vs. Prokash Chandra Nandi and another, 38 CWN 832. Lawyers Involved: Md. Mozibur Rahman, Advocate—For the Petitioners. Shahidul Islam, Advocate—For Opposite Party No. 1-7. Civil Revision No. ..

Category: Property Law | Date: | Hits: 29

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