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Sharon Laily Begum Jalil Vs. Abdul Jalil and others, 1995, 24 CLC (HCD)

....lean Akhter Jalil and Mohammad Shah Alam Jalil fortnightly and offer gifts, if any, at a time and place convenient to both the parties. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 460.......n of the petitioner from her custody by her husband respondent No.1. 2. The facts stated in all the 4 petitions are, that the petitioner Mrs. Sharon Laily Begum Jalil was born on 24‑4‑68 in England and a British Citizen. She comes of a respectable family, her father having been a member of th......ace convenient to both the parties. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 460.......tition Nos.1582, 1583, 1584 and 1585 of 1995. Judgment Mahfuzur Rahman J.- These four Writ Petitions namely, Writ Petition Nos.1582, 1583, 1584 and 1585 of 1995 are taken up for Judgment as the question involved in all those are similar and same in between the same parties and shall be governe..

Category: Family Law | Date: | Hits: 166

Md. Nafaruddin Mollah Vs. Md. Serajuddin Khan & Others, 2007, 36 CLC (AD)

....ent and the same was leased out to the petitioners by the then Additional Deputy Commissioner (Revenue), Rajshahi, permanently on receipt of premium in Naogaon Settlement Case No.2325 of 1968-69. The possession of the suit land was duly handed over to the petitioner and a Kabuliyat was executed and ......'s permanent settlement is illegal, ineffective and without jurisdiction. 3. The plaintiff-respondent filed the suit in respect of the schedule 'A' of the plaint stating, inter alia, that the suit land was khas land of the Government and the same was leased out to the petitioners by the then Addi......dismissed without any order as to costs. Ed. This Case is also Reported in: 20 BLT (AD) (2012) 164. ......ce with the impugned judgment. In the result, the application has no merit and accordingly dismissed without any order as to costs. Ed. This Case is also Reported in: 20 BLT (AD) (2012) 164. ..

Category: Property Law | Date: | Hits: 116

Abdus Salam Vs. Md. Ustar and another, 1982, 11 CLC (HCD)

....ge 1124). In the result this rule fails and it is accordingly discharged without any order as to cost. The stay order is vacated. Ed. This Case is also Reported in:35 DLR (HCD) (1983) 65. ......Act alleging, that they were co-sharers of the holding and that their names have been recorded in the khatian. They further alleged that the opposite party No.7 (in the pre-emption case) got the case land by way of petition and he sold it to the pre-emptee petitioner by kabala. The pre-emptor opposi......der is vacated. Ed. This Case is also Reported in:35 DLR (HCD) (1983) 65. ......ule 31 of the Code of Civil Procedure inasmuch as that he has not adverted to any evidence adduced by the parties with regard to the knowledge of the pre-emptor opposite parties about the transfer in question. The learned Subordinate Judge while disposing of the question of knowledge of the preempto..

Category: Property Law | Date: | Hits: 113

Nitai Ch. Shaha and another Vs. M/s. City Ice and Cold Storage Ltd. and others, 1982, 11 CLC (HCD)

....d Subordinate Judge are set aside and the plaintiff opposite party's petitions for amendment are rejected. Ranadhir Sen J.- I agree. Ed. This Case is also Reported in: 35 DLR (HCD) (1983) 61.......by the plaintiff opposite party to any Advocate for completing the formalities of sale. The defendant petitioners pleaded in their written statement that they had actually contracted to sell the suit land to six different persons and by receiving earnest money from them executed Baina Patra on 10.1.......anadhir Sen J.- I agree. Ed. This Case is also Reported in: 35 DLR (HCD) (1983) 61.......s allow either party to alter or amend his pleadings in such manner and on such terms as may be just, and all such amendments shall be made as may be necessary for the purpose of determining the real questions in controversy between the parties". The said provisions unmistakably lays down that am..

Category: Civil Law | Date: | Hits: 132

Matira Bewa & others Vs. Sree Sudhir Chandra Saha & others, 1982, 11 CLC (HCD)

....ation that a kabulyat dated 17 Chaitra, 1362 B.S. corresponding to 31st March, 1956 executed by Jan Mamud is favour of the plaintiffs in respect of the suit lands is null and void and for recovery of possession of Schedule 'A' out of the suit lands and confirmation of possession in Schedule 'B' ther......ndha, against Jan Mamud Sarker for a declaration that a kabulyat dated 17 Chaitra, 1362 B.S. corresponding to 31st March, 1956 executed by Jan Mamud is favour of the plaintiffs in respect of the suit lands is null and void and for recovery of possession of Schedule 'A' out of the suit lands and conf......agree. Ed. This Case is also Reported in: 35 DLR (HCD) (1983) 56. ......nuine transaction and was accepted by the plaintiffs and acted upon. The trial Court dismissed the suit. The Court of 1st Appeal upheld the Judgment and decree of the trial Court. In Second Appeal, a question was raised for the first time that the kabulyat was null and void being hit by the provisio..

Category: Property Law | Date: | Hits: 146

Jan-E-Alam Vs. Rupali Bank Limited and others, 2009, 38 CLC (AD)

....n respect of the property of schedule No.2 has already deposited the remaining 75% of the price and sale certificate having been issued in their favour on 19.06.2002 and they having taken delivery of possession of the property on 16.07.2002 and thus, execution case has reached to its finality and th......f the above, we find no substance in submissions of the learned Advocate for the petitioner. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: 20 BLT (AD) (2012) 82. ...... petition is dismissed. Ed. This Case is also Reported in: 20 BLT (AD) (2012) 82. ......e i.e. on 12.03.2002 Rupali Bank Limited, Dewan Bazer Branch, respondent No.4, filed an application to cancel the auction sale in respect of the property of schedule No.2 stating that the property in question was mortgaged with them earlier and they already obtained decree in Mortgage Suit Nos.79 an..

Category: Others | Date: | Hits: 140

Suratunnessa and others Vs. Nurjahab Bibi and others, 2011, 40 CLC (AD)

....tor No.3 was present at the time of writing the kabala and presentation of the same for registration and that the kabala was entered in the volume on 29.01.1992 and that the pre-emptee having been in possession of the case land from the date of execution on 25.12.1992, the pre-emption application is......ition and Tenancy Act praying for pre-emption, stating inter alia, that they are co-sharers and the original pre-emptee Mobaruk Ali, predecessor of the present petitioners, was a stranger to the case land and no notice of transfer was served upon the pre-emports and they came to know about the sale ......th the same. The appeal is accordingly dismissed. Ed. This Case is also Reported in: 20 BLT (AD) (2012) 74. ......at the trial Court relied on the evidence of pre-emptor No.3 Abdur Rahman but Abdur Rahman, who deposed as P.W.1 in his evidence merely stated that he on the date of the registration of the kabala in question did put his signature as an attesting witness in another deed and that P.W Nos.1 and 2 prov..

Category: Property Law | Date: | Hits: 84

Mahatab Hossain (Md) Vs. Upazila Nirbahi Officer and others, 2006, 35 CLC (HCD)

....of the receipt of a copy of this judgment in accordance with law. Communicate a copy of the judgment to the concerned authority at once. Ed. This Case is also Reported in: 59 DLR (2007) 157. ......The petitioner was not given any subsistence allowance from 1-1­1996 and the enquiry was not conducted till 28-12­1996 when the respondent No.1 all on a sudden appointed the Assistant Commissioner (land), Pirganj as the Investigation Officer for the second time. The petitioner was not served with ...... with law. Communicate a copy of the judgment to the concerned authority at once. Ed. This Case is also Reported in: 59 DLR (2007) 157. ......of the receipt of a copy of this judgment in accordance with law. Communicate a copy of the judgment to the concerned authority at once. Ed. This Case is also Reported in: 59 DLR (2007) 157. ..

Category: Employment/Service Law | Date: | Hits: 180

Manirul Huda Vs. National Board of Revenue, represented by its Chairman, Segunbagicha, Ramna, Dhaka and others, 2010, 39 CLC (HCD)

.... should be discharged outright. In the result, the Rule is discharged, however, without an order as to cost. Ed. This Case is also Reported in: 16 MLR (HCD) (2011) 23; 7 LG (HCD) (2010) 325. ...... should be discharged outright. In the result, the Rule is discharged, however, without an order as to cost. Ed. This Case is also Reported in: 16 MLR (HCD) (2011) 23; 7 LG (HCD) (2010) 325. ......Rule is discharged, however, without an order as to cost. Ed. This Case is also Reported in: 16 MLR (HCD) (2011) 23; 7 LG (HCD) (2010) 325. ......and purport of the "Universal Self Assessment" under section 82BB of the Ordinance. 9. Mr. Khoshru also brought into our notice sub-section (4) of section 82BB where it has been maintained: "No question as to the source of investigation made by a new assessee deriving income from business or p..

Category: Fiscal/Taxation Law | Date: | Hits: 227

AKM Mozammel Huq Vs. Chancellor of the National University, represented by the Secretary, Ministry of Education, Bangladesh Secretariat, Dhaka and others, 2011, 40 CLC (HCD)

....d from 17th November, 2003 to 31st August 2004, and remove them from the employment of National University without delay”. Gobinda Chandra Tagore J. - I agree This Case is also Reported in: ...... instance of the Chief Minister who wished to wreak personal vengeance on the civil surgeon. 57. In Express Newspaper Ltd. Vs. India AIR 1986 SC 872 government’s action, forfeiting the lease of land held by the newspaper, because it was critical about imposition of emergency in 1975, was set a......ve them from the employment of National University without delay”. Gobinda Chandra Tagore J. - I agree This Case is also Reported in: ......sequently manipulated and illegally increased to 938 in order to accommodate the illegal appointees. After this was revealed in a subsequent investigation report dated 31.12.2009 the authorities were questioned and then Respondents filed a G.D. to protect themselves. On the other hand, the creation ..

Category: Administrative Law | Date: | Hits: 371

Abdul Khaleque and others Vs. State, 1996, 25 CLC (HCD)

....that they saw accused Rashid to deal the fatal blow which resulted in his death and lastly, Mr. Faiz argued that the prosecution has totally failed in bringing home the existence of such knife in the possession of accused Rashid. Upon dealing the alleged blow by the knife accused Rashid had either t......t at liberty forthwith if not wanted in connection with any other case. Accused appellant Shava Mia is discharged from his bailbond. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 446. ......tion with any other case. Accused appellant Shava Mia is discharged from his bailbond. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 446. ......t at liberty forthwith if not wanted in connection with any other case. Accused appellant Shava Mia is discharged from his bailbond. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 446. ..

Category: Criminal Law | Date: | Hits: 117

Monwar Ali Vs. Dhaka Club Ltd. & others, 1996, 25 CLC (HCD)

....28.2.96 is hereby vacated. No order as to­ costs. The office is directed to send a copy of this order to the trial Court at once. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 492. ......case, it was Civil Revision No.1145 of 1993 against the Judgment and order of the learned District Judge, Dhaka on similar point. 10. Now I want to quote some principle from Halsbury's Laws of England, 4th Edition, P 234 cited by Mr. Shafique Ahmed which is as follows: "Under a rule which pro.......Petitioner Vs. Dhaka Club Ltd. & others…………….........Opposite Parties Judgment July 11, 1996. Result: The Rule is discharged. Cases Referred to- Md. Delwar Hossain Khan Vs. Dhaka Club Limited, Miscellaneous Appeal No.209 of 1995; Shafiuddin Sarwar Vs. Dhaka Clu......fique Ahmed, Advocate ‑ For the Petitioner. Habibul Islam Bhuiyan, Advocate ‑ For the Opposite Party. Civil Revision No.426 of 1996. Judgment Abu Sayeed Ahammed J.- This Rule calls in question the propriety of order dated 21.1.96 passed by the 6th Additional District and Sessions Jud..

Category: Civil Law | Date: | Hits: 110

Abul Hashim (Md.) Vs. Election Commission of Bangladesh, 1995, 24 CLC (HCD)

....ight of the petitioner also. There is no merit in the writ petition. Accordingly, the petition is rejected summarily. No cost. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 490. ......ight of the petitioner also. There is no merit in the writ petition. Accordingly, the petition is rejected summarily. No cost. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 490. ......writ petition. Accordingly, the petition is rejected summarily. No cost. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 490. ...... of section 6(2) of the Ordinance. Secondly, the impugned order has been made with malafide intention at the instance and dictate of the party in power and not for any lawful consideration. 4. The question of non‑compliance or non‑consideration of the objective as contemplated in section 6(2)..

Category: Election Law | Date: | Hits: 271

Amiren Nessa and another Vs. Harun Mia and others, 1982, 11 CLC (HCD)

.... The plaintiffs claimed 2/3rd share in schedule 1 land and 1/3rd share in schedules land of the plaint by way of inheritance from their father Akram Ali. The plaintiffs claimed that they are in joint possession of the suit property by enjoying usu­fructs. Since the defendants did not respect their ......t the ins­tance of the plaintiffs is directed against a Judgment and decree of the learned Subordi­nate Judge in a suit for partition. 2. The case of the plaintiffs in brief is that the schedule land of the plaint be­longed to Akram Ali alone and the schedule 2 land belonged to Akram Ali and h......Ur-Rahman Khan J.- I agree. Ed. This Case is also Reported in: 35 DLR (HCD) (1983) 11.......jumdar appears to be correct in view of the findings of learned Subordinate Judge relating to the shares of the parties namely, the plaintiffs and defendant No.1. There is no dispute on the aforesaid question and no cross-objection his been filed by the contesting defen­dants challenging any of the..

Category: Property Law | Date: | Hits: 93

Abul Basher Chowdhury Vs. Mehar Khatun, 1982, 11 CLC (HCD)

....ppellate Court below calls for any inter­ference in revision. In the result the rule is discharged with­out any order as to costs. Ed. This Case is also Reported in: 35 DLR (HCD) (1983) 6. ......ppellate Court below calls for any inter­ference in revision. In the result the rule is discharged with­out any order as to costs. Ed. This Case is also Reported in: 35 DLR (HCD) (1983) 6. ......Vs. Mehar Khatun………………………………Opposite Party Judgment April 7, 1982. Result: The rule is discharged. Cases Referred to- Jwala Prashad Vs. Jwala Bank Ltd. (in liquidation), AIR 1961 All 381; Mr. Abilakhi Vs. Sada Nand, ILR 53 All 535: AIR 1931 All 244; M.Y...... (Lahore) 183. Lawyers Involved: Abu Taher Chowdhury - For the Petitioner. M. Fazul Karim - For the Opposite Party No.1. Civil Revision No.17 of 1980. Judgment Mustafa Kamal J.- The question involved in this Rule is whe­ther the appellate Court below has the power to review its ow..

Category: Procedural Law | Date: | Hits: 119

Shahryar Murshed and others Vs. Principal, Chittagong Medical College and others, 1994, 23 CLC (HCD)

.... any lawful authority and, as such, is of no legal effect. The Rules are accordingly made absolute without any order as to costs. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 482. ...... any lawful authority and, as such, is of no legal effect. The Rules are accordingly made absolute without any order as to costs. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 482. ......fect. The Rules are accordingly made absolute without any order as to costs. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 482. ...... of the same Medical College pursuing their studies in different classes of the same academic session. The impugned order out of which all the writ petitions have arisen is the same and the common question of law being involved in all the writ petitions those were heard together and disposed of ..

Category: Others | Date: | Hits: 168

Ansarul Huque Vs. Agrani Bank, 1996, 25 CLC (HCD)

....tiously as possible preferably within three months from the date of receipt of the Judgment. Our order dated 12‑2‑96 is recalled. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 479. ......tiously as possible preferably within three months from the date of receipt of the Judgment. Our order dated 12‑2‑96 is recalled. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 479. ......esult: The Rules are discharged. Cases Referred to- Travancore National & Quilon Bank Ltd., AIR. 1940 (Mad.) 157; Ranganathan Vs. Periakaruppan, AIR 1957 (SC) 815; Akbar Khan Vs. Attar Singh, 1936 (2) All ER (PC) 545. Lawyers Involved: Ansarul Hoque, Advocate ‑ Petitioner in pe......ror in the decision occasioning failure of justice in passing the impugned orders under which the written statement was accepted and a date was fixed for framing issues inasmuch as in such a case the question of the defendant having to obtain leave from the Court within 10 days of the service of sum..

Category: Civil Law | Date: | Hits: 87

SM Aynul Kabir and others Vs. Kambar Ali and others, 2010, 39 CLC (HCD)

.... Joint District Judge, Dhaka, against defendants seeking following relieves: a) A decree declaring their 16 annas exclusive right, title and interest in suit land by purchase as well as by adverse possession; b) A decree declaring that deed of partition dated 7-9-1996 being deed No.10935 with ......t No.350 of 2003 in the second Court of Joint District Judge, Dhaka, against defendants seeking following relieves: a) A decree declaring their 16 annas exclusive right, title and interest in suit land by purchase as well as by adverse possession; b) A decree declaring that deed of partition d......es Judgment July 13, 2010. Result: The Rule is discharged. Cases Referred to- Ali Ahmed Vs. Rezia Begum, 1986 BLD 326; Fahim-al-Haque Vs. Md. Abdul Aziz, 43 DLR 226; Mofazzal Hossain Vs. Moinuddin, 3 BLC (AD) 78; Serajuddin Vs. Mizanur Rahman, 29 DLR (SC) 82; Uttara Bank Vs. Macn......arty No.1. No one appears - For the Opposite Party Nos.2-3. Civil Revision No. 2166 of 2005. Judgment Syed Md. Ziaul Karim J.- This Rule, at the instance of plaintiff petitioners calls in question the legality and propriety of the judgment and order dated 15-6-2005 passed by learned addi..

Category: Civil Law | Date: | Hits: 111

Asgar Ali Mia and others Vs. Bangladesh and others, 2010, 39 CLC (HCD)

....wdhury got saham in the suit schedule land along with other properties in Partition Suit No.12 of 1938 which was decreed on 13-12-1958 by the learned Sub-Judge, Second Court, Comilla and entered into possession through execution decree dated 21-3-1961 and since then they owned and possessed the land......i Roy Chowdhury, Anup Roy Chowdhury, Bhanu Roy Chowdhury, Haripada Roy Chowdhury, Kanu Roy Chowdhury, Dipali Roy Chowdhury, Nibedita Roy Chowdhury, Sanjib Roy Chowdhury got saham in the suit schedule land along with other properties in Partition Suit No.12 of 1938 which was decreed on 13-12-1958 by ......s at once. Ed. This Case is also Reported in: 16 BLC (HCD) (2011) 37.......on is attached to those deed as the privy council stated in 33 IA 60 "what remains to be shown is that the person admitting execution before the registrar was this Purushotam Das and no imposter. The question is one of fact expect insofar as there was as matter of law a presumption that the registra..

Category: Property Law | Date: | Hits: 147

Mannaco Lab. Ltd. Vs. General Certificate Officer & Bangladesh Shilpa Bank, 1989, 18 CLC (HCD)

....ted 29.2.88 issued by the respondent No.1 in the aforesaid certificate case are without any lawful authority and of no legal effect. Ed. This Case is also Reported in: 42 DLR (HCD) (1990) 159. ......ted 29.2.88 issued by the respondent No.1 in the aforesaid certificate case are without any lawful authority and of no legal effect. Ed. This Case is also Reported in: 42 DLR (HCD) (1990) 159. ......se are without any lawful authority and of no legal effect. Ed. This Case is also Reported in: 42 DLR (HCD) (1990) 159. ......titioner filed an application to the respondent No.1 for determination of the dues but the petition was re­jected without assigning any reason. For these rea­sons he submits that the certificate in question is li­able to be struck down for non-compliance of the mandatory provisions of the Public ..

Category: Civil Law | Date: | Hits: 171