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Sukurjan Bibi Vs. Chairman, Court of Settlement, Dhaka, 2001, 30 CLC (HCD)
....thout any lawful, authority and is of no legal effect or such other or further order or orders passed as to this court may seem fit and proper. 2. The case of the petitioner, in brief, is that the land measuring 1.31 square yards situated in the District of Dhaka, Police Station Old Tejgaon, now ...... M Ruhul Amin J Md. Munsurul Hoque Chowdhury J Sukurjan Bibi …………..Petitioner Vs. Chairman, Court of Settlement, Dhaka………….Respondent Judgment June 18, 2001. Cases Referred To- Shamim Begum vs. Chairman Court of Settlement and others 52 DLR 456; Chand Miah......assed without any lawful, authority and is of no legal effect or such other or further order or orders passed as to this court may seem fit and proper. 2. The case of the petitioner, in brief, is that the land measuring 1.31 square yards situated in the District of Dhaka, Police Station Old Tejga......LR 456; Chand Miah Talukder vs. Chairman, Court of Settlement, Dhaka and others 45 DLR 304; Bangladesh vs. Feroz Ahmed and others 1 BLC (AD) 149. Lawyers Involved: Md. Azizul Hoque, Advocate—For the Petitioner Reba Kaniz, Assistant Attorney-General—For the Respondent. Writ Petition ..Category: Property Law | Date: | Hits: 37
Bangladesh Vs. Sarwar Kamal, 2010, 39 CLC (AD)
.... of the said Writ Petition on merit, if so advised. The civil miscellaneous petition is accordingly disposed of. Ed. This Case is also Reported in: 16 BLC (AD) (2011) 8, 19 BLT (AD) 2011, 17.......y, Senior Advocate) instructed by Syed Mahbubur Rahman, Advocate-on-Record-For the Respondent. Civil Miscellaneous Petition for Leave to Appeal No. 940 of 2010 (From the order dated 24.10.2010 passed by the High Court Division in Writ Petition No. 8558 of 2010.) Order: This is an applica......espondents against the order of stay passed by the High Court Division in writ petition No. 8558 of 2010. 2. Mr. Mahbubey Alam, the learned Attorney General, appearing for the petitioner submits that inspite of the order dated 20.10.2010 issued by the Ministry of Local Government, Rural Developm......al Government Division, Dhaka and others…………..Petitioners Vs. Sarwar Kamal……………………. Respondent Judgment October 28, 2010. Lawyers Involved: Mahbubey Alam, Attorney General instructed by B. Hossain, Advocate-on-Record- For the Petitioner. Rokanuddin Mahmud..Category: Civil Law | Date: | Hits: 104
State Vs. Moslem, 2002, 31 CLC (HCD)
....pant and teeth were identified to be of victim Salma by her mother PW 1, father PW 2, uncle PW 3, Aunt PW 19 and paternal grandfather PW 20. Photographer took photos of the place of occurrence, paddy land including the skeleton and wearing apparels of victim Salma. Photographs had been marked as Mat...... State……………………………………………….….Appellant Vs. Moslem…………………………………………..….Condemned Prison Judgment October 30, 2002. Cases Referred To- Abdus Samad Vs. State, 16 DLR (SC) 261; Tulsi Gangota Vs. Emperor, 34 Criminal ......cry for justice becomes louder and Court must hear the loud cry for justice by society, more particularly, in cases of heinous crimes and Court should impose proper punishment befitting the crime so that Court reflects public abhorrence of crime. It is to be kept in view that it is the nature and gr...... Moslem…………………………………………..….Condemned Prison Judgment October 30, 2002. Cases Referred To- Abdus Samad Vs. State, 16 DLR (SC) 261; Tulsi Gangota Vs. Emperor, 34 Criminal Law Journal 395; Hazer Ali Mandal and others Vs. State, 37 DLR (AD) 87; Nazir and Ot..Category: Criminal Law | Date: | Hits: 82
Abu Ashed Bhuiyan and Others Vs. Abu Taher Bhuiyan & others, 2000, 29 CLC (HCD)
....d 22-1-1998 and 11-2-1998 respectively passed by the Senior Assistant Judge, Narshingdi in Title Suit No. 64 of 1996. 2. Jagadish Chandra and Ramesh Chandra gave a permanent settlement of the suit land to Firoz Bhuiyan by hukumnama dated 10th Kartick, 1344 BS and father of the defendant Nos. 1-9 ......on) Present: Qazi Shafiuddin J Abu Ashed Bhuiyan and Others……… Petitioners Vs. Abu Taher Bhuiyan & others……………Opposite Parties Judgment November 5, 2000. Cases Referred To- Munsur Ali Mallik vs. Md Nurul Hoque Mallik and others BCR 1986 (AD) 56; Noor M......of the suit land to Firoz Bhuiyan by hukumnama dated 10th Kartick, 1344 BS and father of the defendant Nos. 1-9 Abu Sufian put his signature on the hukumnama as a witness. It is stated in the plaint that Abu Sufian was a clever and never owner and possessor of the suit land and he in collusion with ....... Abu Taher Bhuiyan & others……………Opposite Parties Judgment November 5, 2000. Cases Referred To- Munsur Ali Mallik vs. Md Nurul Hoque Mallik and others BCR 1986 (AD) 56; Noor Mohammad Khan and others vs. Govt. of Bangladesh and others 42 DLR 434. Lawyers Involved: A..Category: Property Law | Date: | Hits: 23
Muslim (Md) Vs. Abdul Motaleb and others, 2001, 30 CLC (HCD)
....n the Court of Assistant Judge, Shahara Upazilla stating, inter alia, that Abdul Majid the original owner died leaving 3 sons and 4 daughters including Jamina Khatoon who became the owner of the suit land along with other land measuring 8.12 acres of land according to legal shares. Jamina Khatoon da......isdiction) Present: Md. Mamtazuddin Ahmed J Muslim (Md)…………………..Petitioner Vs. Abdul Motaleb and others……………Opposite Parties Judgment July 29, 2001. Cases Referred To- Commander (Retd) AA Chowdhury vs. AKM Imam Hossain and others, 49 DLR 23; Moham......ectively passed by the Assistant Judge Shaharasti, Chandpur, in Title Suit No.54 of 1989 decreeing the suit with cost should not be set aside. 2. The facts, in brief, for disposal of the Rule are that the petitioners as the plaintiffs instituted the suit for permanent injunction against the defen......howdhury and others, 50 DLR (AD) 52; Abdul Jalil Munshi and another vs. Abu Bakar Siddique, 35 DLR (AD) 42; Abdul Hayat vs. MA Reja 47 DLR 170. Lawyers Involved: Shahabuddin Ahmed, Advocate— For the Petitioner. Nikhilesh Dutta, Advocate—For the Opposite Parties. Civil Revision No. 30..Category: Property Law | Date: | Hits: 33
Abdul Hye and others Vs. Serajul Hoque and others, 2009, 38 CLC (AD)
.... report, objection filed by the defendant against the report, the evidence on record and the impugned judgment and decree." 5. In a suit for partition usually some of the co-sharers hold excessive land than that of their actual share and the co-sharer who holds minimum land in possession comes be......Rahman, Advocate-on-Record-For Respondent No.1. Not represented-Respondent Nos. 2-96. Civil Petition for Leave to Appeal No. 423 of 2009. (From the judgment and order dated 26.11.200& passed by the High Court Division in Civil Revision No.5043 of 2004.) Judgment Shah Abu Nayee......ommissioner was appointed, who after serving due notices executed the commission and submitted his report making final allotments of saham, against which the defendant raised objection on the ground that one of the huts of the defendant and the pathway used by the defendants were allotted to the sah...... Vs. Serajul Hoque and others .........................Respondents Judgment December 9, 2009. Lawyers Involved: Dr. Akter Hamid, Advocate, instructed by Abu Siddique, Advocate-on-Record-For the Petitioners. Mazibur Rahman, Advocate-on-Record-For Respondent No.1. Not represen..Category: Property Law | Date: | Hits: 31
Mahmudul Huq Vs. Mostafa Kamal and others, 2010, 39 CLC (AD)
....27.00 lacs. Pursuant to the said tender notice the petitioner participated for obtaining lease of the residential plot being No. NE (O)-4 situated at Road No.90, Gulshan, Dhaka having a total area of land (more or less) 26.09 kathas. The petitioner deposited Tk.21 lacs by way of earnest money as per......cate instructed by M. G. Buiyan, Advocate-on-Record-For the Petitioner. Not represented-the Respondents. Civil Review Petition No.145 of 2009. (From the judgment and order dated 27.04.2009 passed by this Division in Civil Appeal No. 175 of 2007 along with Civil Petition No.290 of 2007.) ......tting aside the judgment and order passed by the High Court Division in Writ Petition No. 2172 of 2004 and also setting aside the auctions held by the respondent No.3. 2. The facts, in short, are that the respondent No.2 published an advertisement on 01.09.2001 in the "Daily Ittefaque" for inviti......hmudul Huq.................................Petitioner Vs. Mostafa Kamal and others.....................Respondents Judgment February 28, 2010. Lawyers Involved: Ajmalul Hossain, Senior Advocate instructed by M. G. Buiyan, Advocate-on-Record-For the Petitioner. Not represented-t..Category: Others | Date: | Hits: 81
Arun Bhowmick & others Vs. Salim Reza & others, 1987, 16 CLC (HCD)
....s and Bronchial Asthma for the last two months and he is bed ridden, but the plaintiff O.P. personalÂly appeared before the learned A.D.C. (Rev.), Comilla on 9.7.84 and deposed in a case of the suit land which clearly proves that be was not actually so ill in the manner stated in the petiÂtion of ...... Bhowmick & others.................Petitioners Vs. Salim Reza & others.................. Opposite Party Judgment November 12, 1987. Result: The Rule is made absolute. Cases Referred to- A.I.R. 1920 (Cal) 467 (ChiranjilIal Ramala Vs. Tulsira Janki Das); A.I.R. 1964 ...... 29.1.85 passed in Miscellaneous Case No.109 of 1984 by the learned Munsif, 3rd Court, Comilla, filed under Order 47, Rule 1 of the Code of Civil Procedure. 2. The petitioner's case, in short, is that one Gopal Chandra Bhowmick instituted Title suit No. 83 of 1984 in the 3rd Court of Munsif, Comi......s. Mohanlal Sindhi); A.I.R. 1942(A11), 82 (Pyare Lal and others Vs. Chhotey Lal and others); A.I.R. 1925(Mad) 578 (Velovolu Ptharaju); 23 D.L.R 461, (Dacca WAS A and another Vs. Roushan Ara Begum and ors.); 28 D.L.R. 17 (S.M. Moazzem Hossain Vs. Md. Anwar and others); A.I.R. 1950 (Cal), 173, (Sris C..Category: Procedural Law | Date: | Hits: 95
Ezahar Sepai Vs. The State, 1987, 16 CLC (HCD)
.....I.R. lodged on 19.11.67 at 17-00 hours by informant, Kashem Ali Jamader with Kathalia police station in short, is that on 16th November, 1976 accused Ezahar Sepai reaped away paddy from a portion of land belonging to the informant, and he went to Bhandaria 17.11.76 to inform Dewar Bepari and Abdul ......onha (Criminal Appellate Jurisdiction) Present: AM Mahmudur Rahman J Ezahar Sepai..........Appellant Vs. The State....................Respondent Judgment April 27, 1987. Cases Referred to- State vs. Mokbul Hossain, 37 DLR 156; Yusuf vs. Appellate Tribunal, 29 DLR (SC)......6.85 in Sessions Case No. 17 of 1985. 2. The prosecution case as started in the F.I.R. lodged on 19.11.67 at 17-00 hours by informant, Kashem Ali Jamader with Kathalia police station in short, is that on 16th November, 1976 accused Ezahar Sepai reaped away paddy from a portion of land belonging t......ril 27, 1987. Cases Referred to- State vs. Mokbul Hossain, 37 DLR 156; Yusuf vs. Appellate Tribunal, 29 DLR (SC) 211. Lawyers Involved: Enayet Peer Khan and M. Shamsul Alam, AdvoÂcate - For the Appellant. Fakhrul Islam, Assistant Attorney General and Abdus Satter Howlader - For the S..Category: Criminal Law | Date: | Hits: 93
Harun-or-Rashid Talukder Vs. District Manager, Pubali Bank, Jamalpur, 1988, 17 CLC (HCD)
....suring 10 acre, the appellant being the engaged lawyer of the bank and knowing full well that the above-mentioned property was the subject matter of the aforesaid execution case, purÂchased the said land in his own name and in the name of his wife and children and also in the benami of his cousin D...... Ed. This Case is also Reported in: 40 DLR (1988) 170. ......edule to the apÂplication for attachment before judgment and the apÂpellant knew the schedule very well, being the conÂducting lawyer of the bank. 7. It is further admitted by both the parties that the said Money Suit No. 3A/79 was decreed ex parte in favour of the Pubali Bank. Upon the instru......ee. Ed. This Case is also Reported in: 40 DLR (1988) 170. ..Category: Others | Date: | Hits: 72
Falu Mia & others Vs. Safar Ali & others, 1988, 17 CLC (HCD)
....1.64 in the 5lh Court of Subordinate Judge, Dhaka. 3. The plaintiff Nos. 1 and 2 are the sons and the plaintiff No. 3 is the daughter of Hosen Banu, through whom the plaintiffs claim the partible land. Hosen Banu's father Nazir Sheikh was the owner of the partible lands appertaining to khatian N......sent: Mustafa Kamal J Md. Mozammel Haque J Falu Mia & others.................Petitioners Vs. Safar Ali & others.............Opposite Parties Judgment March 24, 1988. Case Referred to- West Pakistan Vs. Gulzar Mohammad, 21 DLR (SC) 46. Lawyers Involved: M.H. ...... sons and the plaintiff No. 3 is the daughter of Hosen Banu, through whom the plaintiffs claim the partible land. Hosen Banu's father Nazir Sheikh was the owner of the partible lands appertaining to khatian No. 285 of Mouza Kafrul. Upon his death the propÂerty devolved upon his 4 sons Baser, Yasin,...................Opposite Parties Judgment March 24, 1988. Case Referred to- West Pakistan Vs. Gulzar Mohammad, 21 DLR (SC) 46. Lawyers Involved: M.H. Khondoker, with AJ Mohammad Ali - For the Petitioners. Rafiqur Rahman with Serajur Rahman - For Opposite Party Nos. 1-3. Miah Abd..Category: Property Law | Date: | Hits: 29
Asgar Ali & others Vs. Additional Deputy CommisÂsioner, Khulna & others, 1987, 16 CLC (HCD)
....ditional District Judge, 2nd Court, Khulna in Title Appeal No. 131 of 1980 affirming those passed by the Subordinate Judge KhulÂna in Title Suit No. 111 of 1975. 2. Facts are that 0.42 decimal of land of S.A. Khatian No. 92/105 of Mouza Balatala. P.S., Khulna was owned by Parimal Kumar Nag and N......ry J Asgar Ali & others..........................Petitioners Vs. Additional Deputy CommisÂsioner, Khulna & others...............Opposite Parties Judgment August 30, 1987. Cases Referred to- Halima Khatun's case 30 DLR (AD) 20; Nasiruddin Vs. Government of Bangladesh 32......s..........................Petitioners Vs. Additional Deputy CommisÂsioner, Khulna & others...............Opposite Parties Judgment August 30, 1987. Cases Referred to- Halima Khatun's case 30 DLR (AD) 20; Nasiruddin Vs. Government of Bangladesh 32 DLR (AD) 216; 30 DLR (AD). ......ust 30, 1987. Cases Referred to- Halima Khatun's case 30 DLR (AD) 20; Nasiruddin Vs. Government of Bangladesh 32 DLR (AD) 216; 30 DLR (AD). Lawyers Involved: Miah Abdul Gafur, Advocate - For the Petitioner. Not Represented - the opposite party. Civil Revision No. 45 of 1987. Jud..Category: Property Law | Date: | Hits: 36
Category: Procedural Law | Date: | Hits: 68
SM Nasirul Haque Vs. Omar Faruque Chowdhury and others, 2001, 30 CLC (HCD)
.... 2. The preemptor made an application under section 24 of the Non-Agricultural Tenancy Act, 1949, in brief, the Act against the opposite parties for preemption of the transfer of 0.0907 acre of land SA plot No.54 appertaining to SA Khatian No.48/1 out of CS plot No. 139 appertaining to CS Khat...... Send down the records. Ed. This Case is also Reported in: 54 DLR (2002) 181. ......tion under section 24 of the Non-Agricultural Tenancy Act, 1949, in brief, the Act against the opposite parties for preemption of the transfer of 0.0907 acre of land SA plot No.54 appertaining to SA Khatian No.48/1 out of CS plot No. 139 appertaining to CS Khatian No.2 by opposite party No.2 to oppo......D) 338; Brindaban Chandra Chowdhury vs. Rezia Begum; 16 DLR 77; Md. Shukura vs. Ram Chandra Kapali, 6 DLR 393. Lawyers Involved: Mahmudul Islam with AHM Mushfiqur Rahman, Advocates — For the Petitioner. Md. Ismail with Shihabuddin Mahmood, Advocates—For the Opposite Party No..Category: Property Law | Date: | Hits: 39
State Vs. Kabel Molla and others, 2002, 31 CLC (HCD)
.... fish fry and while he was taking tea in the tea-stall of Habibullah at about 8-45 AM the condemned prisoner Chanu called and took Shamsu Sikder towards the east of the ghat and when they reached the land of Megha by the south‑east of Molla's house, in Laxmikot mouza, all the condemned prisoners s......J Md. Marzi-ul Huq J State……......................................Appellants Vs. Kabel Molla and ors………………………...Condemned Prisoners Judgment July 27, 2002. Cases Referred To- Pandurang, Tukia and Bhillia Vs. State of Hyderabad, (1955) 1 Supreme Court Rep......- For Condemned Prisoner Nos. 1‑5. Md. Khurshid Alam Khan‑ For Condemned Prisoner No. 6. Syed Abu Kowsar, Deputy Attorney-General with Fara Mahmuda, Assistant Attorney-General and Monowara Khatun, Assistant Attorney-General‑ For the State. Death Reference No. 4 of 1999 with Jail Appea......gh Court Division (Criminal Appellate Jurisdiction) Present: Md. Abdul Matin J Md. Marzi-ul Huq J State……......................................Appellants Vs. Kabel Molla and ors………………………...Condemned Prisoners Judgment July 27, 2002. Cases Referred..Category: Criminal Law | Date: | Hits: 36
Sufia Islam Shila and another Vs. Shakhawat Hossain and others, 2001, 30 CLC (HCD)
....Commissioner. 3. The facts of the case, in short, are that the plaintiff-petitioners filed Title Suit No. 82 of 1998 for permanent injunction and mandatory injunction stating, inter alia, that the landed properties recorded in CS plot Nos. 657, 671 and 672 of CS Khatian No.5168 described in the s......ent: Md. Abdus Salam J Sufia Islam Shila and another………………… Petitioners Vs. Shakhawat Hossain and others………………Opposite Parties Judgment May 22, 2001. Cases Referred To- Md. Abul Quasem vs. Md. Lutfor Rahman and another, 1990 BLD (AD) 3 = 43 DLR (AD......79 of 1998 accepting the report local investigation without hearing the plaintiff-petitioner, should not be set aside. 2. The Revisional application was filed mainly on the grounds, among others, that learned Assistant Judge, Dhaka committed an error of law resulting in an error in the decision o......nd another………………… Petitioners Vs. Shakhawat Hossain and others………………Opposite Parties Judgment May 22, 2001. Cases Referred To- Md. Abul Quasem vs. Md. Lutfor Rahman and another, 1990 BLD (AD) 3 = 43 DLR (AD) 17; Khandker Abdul Majid vs. Tarapada Dey, 51 D..Category: Property Law | Date: | Hits: 28
Wahidul Haque Vs. Bangladesh and others, 2002, 31 CLC (HCD)
....bordinate Judge, Dhaka which was then being contested by the respondents. That Title Suit No.277 of 1991 also was ultimately decreed on contest on 12-8-1999 declaring petitioner’s title in the suit land and also declaring that the suit land was not vested and non-resident property. The respondents......on) Present: Md. Hamidul Haque J Nazmun Ara Sultana J Wahidul Haque…..………….Petitioner Vs. Bangladesh and others……..Respondents Judgment January 19, 2002. Case Referred to- 48 DLR 291. Lawyers Involved: M Saleem Ullah, Advocate — For the Petitio......earing No. 64/92 the 1st Court of Settlement Dhaka praying for release of the property from the list of abandoned property. The Settlement Court by its judgment and order dated 15-11-1994, dismissed that case. The petitioner then filed writ petition No.2323 of 1994 against that judgment and order of......€¦â€¦â€¦â€¦.Petitioner Vs. Bangladesh and others……..Respondents Judgment January 19, 2002. Case Referred to- 48 DLR 291. Lawyers Involved: M Saleem Ullah, Advocate — For the Petitioner. Quamrun Nessa, Assistant Attorney-General — For the Respondents. Writ Pet..Category: Property Law | Date: | Hits: 38
Category: Alternative Dispute Resolution | Date: | Hits: 196
Alamgir (Md) Vs. Habea Begum, 1999, 28 CLC (HCD)
....he impugned order dated 29-6-98 passed by the learned District Judge, Cox’s Bazar in Miscellaneous Appeal No.6 of 1998 is affirmed. Ed. This Case is also Reported in: 52 DLR (HCD) (2000) 157. ...... Gour Gopal Saha J Alamgir (Md)……………………… Petitioner Vs. Habea Begum ………………………..Opposite Party Judgment August 19, 1999. Lawyers Involved: Subash Chandra Saha, Advocate—For the Petitioner. Md Abu Bakkar Siddique, Advocate—For the Oppos...... the Assistant Judge and Family Court, Kutubdia Sadar in Family Suit No.3 of 1994 rescheduling payment of the decretal dues by instalments. 2. Short facts relevant for the purpose of the case are that, the opposite party as plaintiff instituted a suit in the Court of the Assistant Judge and Famil......r (Md)……………………… Petitioner Vs. Habea Begum ………………………..Opposite Party Judgment August 19, 1999. Lawyers Involved: Subash Chandra Saha, Advocate—For the Petitioner. Md Abu Bakkar Siddique, Advocate—For the Opposite Party. Civil Revision N..Category: Family Law | Date: | Hits: 155
Abdur Rahman Vs. State, represented by Deputy Commissioner, 2006, 35 CLC (HCD)
....m Azad, and, as such, the said Bainapatra dated 12-3-1992 became past and closed transaction. It has further been stated in the FIR that the accused No. 1, Abul Kalam Azad, in order to grab the other landed property owned by the informant and his brother transformed the earlier Bainapatra dated 12-3......Abdur Rahman J Abdur Rahman........Accused-Petitioner Vs. State, represented by Deputy Commissioner ………….Opposite-Parties Judgment December 12, 2006 Cases Referred To- Abdul Hai Khan vs. State 40 DLR (AD) 226; Md. Tokumuddin Par vs. State 1996......87 BCR (AD) 152; Raja Kushal Pal Singh, AIR 1931 All 443; State of Gujarat vs. Bhikubhai, AIR 1965 Gujarat 70; Patal Laljibhai, AIR 1971 SC 1935; Mrs. Shahar Banoo Ziwar Sultan Beyed vs. Mrs. Wahida Khatoon 1996 BLT (AD) 154. Lawyers involved: Md. Bashiruddin Zindigir, Advocate—For t......65 Gujarat 70; Patal Laljibhai, AIR 1971 SC 1935; Mrs. Shahar Banoo Ziwar Sultan Beyed vs. Mrs. Wahida Khatoon 1996 BLT (AD) 154. Lawyers involved: Md. Bashiruddin Zindigir, Advocate—For the Accused-Petitioner. Md. Afsar Hossain, Deputy Attorney-General—For the State. ..Category: Criminal Law | Date: | Hits: 43