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Sabdul Ali (Md.) Vs. Md. Mabed Ali Sarker, 1997, 26 CLC (HCD)

....ecree of permanent injunction in respect of certain lands appertaining to CS khatian Nos. 241, 80 and 259. Subsequently Sabdul Ali filed OC Suit No.45 of 1994 in the said Court of Assistant Judge for declaration of his title against Md. Mabed Ali Sarkar and others in respect of the land appertaining...... Proceedings of the Non-GR Case No.157 of 1995 pending in the Court of the Magistrate, 1st Class, Zone Mymensingh, is hereby quashed. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 146. ...... Proceedings of the Non-GR Case No.157 of 1995 pending in the Court of the Magistrate, 1st Class, Zone Mymensingh, is hereby quashed. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 146. ..

Category: Property Law | Date: | Hits: 75

NFM Universeum Estate Ltd. Vs. ANM Obaidul Islam and others, 2004, 33 CLC (HCD)

....at Dhaka in Title Suit No. 135 of 1997, which decreed the suit. 2. One ANM Obaidul Islam, predecessor-in-­interest of respondent Nos. 1 to 8 as plaintiff instituted title Suit No. 120 of 1992 for declaration of title and recovery of possession of the suit land measuring about 51 decimals, which ......rocedure for using said deed in the suit knowing it to be forged and fraudulent for criminal prosecution. Send down the records at once. Ed. This Case is also Reported in: 56 DLR (2004) 563. ......h. He denied that the date 31‑5‑1917 on the deed was written recently. One page stamp was valued one Taka two Annas and subsequent two papers were cartridges. He denied that those cartridges were Bangladeshi. He denied that there was no entry in the ledger book of the Sub-registry and that cartr..

Category: Property Law | Date: | Hits: 85

M. M. Rafiqul Hyder Vs. The State, 1988, 17 CLC (HCD)

....nter. In presence of Inspector Safiar Rahman (a member of the Surveillance team) P.W.2 M. Shamsuddin Mollah, Inspector of Customs started examin­ing appellant's baggage. He read the appellant's Crew declaration form Ext.5 and found mention of an Echolac bag therein. P.W.2 M. Shamsuddin Molla felt t......cu­ments, articles of daily use, clothes etc. belonging to the accused appellant may be returned to him after proper identification. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 274. ...... Result: Cases Referred to- State Vs. Balshri Das Sutradhar, 13 DLR 289; Kalipada Nandi Vs. The State, AIR 1950 (Cal) 427; Emperior Vs. Kutub Bux, AIR 1930 Cal. 633, 634; Tamiz Mia Vs. Bangladesh, 33 DLR 203; Talukder A. Azia Vs. State, 35 DLR 127. Lawyers Involved: Serajul Huq..

Category: Criminal Law | Date: | Hits: 87

Secretary, Bangladesh Jute Corporation & another Vs. The Chairman, Second La­bour Court & another, 1989, 18 CLC (HCD)

....9.8.82. We, therefore, find no ground for interference. In the result the Rule is discharged but without any order as to costs. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 265. ......9.8.82. We, therefore, find no ground for interference. In the result the Rule is discharged but without any order as to costs. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 265. ......rted in: 41 DLR (HCD) (1989) 265. ..

Category: Labour and Industrial Law | Date: | Hits: 166

Shamir Ghosh Vs. Government of Bangladesh and others, 2004, 33 CLC (HCD)

.... Suit No. 136 of 2002 should not be set aside. 2. The petitioner as plaintiff instituted Other Class Suit No. 136 of 2002 before the Court of learned Senior Assistant Judge, Sadar, Kishoregonj for declaration that the Memo No. JM/420 dated 19­-6‑2002 issued by the Deputy Commissioner, Kishoreg......s. Accordingly, the trial Court is directed to dispose of the suit preferably within 3(three) months from the date of receipt of the order, Ed. This Case is also Reported in: 56 DLR (2004) 560. ......orted in: 56 DLR (2004) 560. ..

Category: Property Law | Date: | Hits: 62

Rahima Khatun Vs. Md. Nurul Hoque & others, 1996, 25 CLC (HCD)

.... preliminary decree in question is a nullity so far it relates to the defendant No.18, the opposite party Nos. 1-9 have their remedy and they can get the relief by instituting an independent suit for declaration that the decree in question passed by the trial Court is a nullity in the eye of law and......the result, the Rule is discharged without any order as to costs. The order of stay earlier granted by this Court is hereby vacated. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 140.......the result, the Rule is discharged without any order as to costs. The order of stay earlier granted by this Court is hereby vacated. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 140...

Category: Procedural Law | Date: | Hits: 67

Abdul Hakim (Md.) Vs. Government of the People’s Republic of Bangladesh & others, 1997, 26 CLC (HCD)

....nt be also sent to the Principal Secretary to the Prime Minister in her office at Tejgaon, Dhaka for information and necessary action. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 137. ......nt be also sent to the Principal Secretary to the Prime Minister in her office at Tejgaon, Dhaka for information and necessary action. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 137. ...... Present: Md. Mozammel Hoque J Md. Hasan Ameen J Abdul Hakim (Md.)…………………Petitioner Vs. Secretary, Ministry of Establishment, Government of the People’s Republic of Bangladesh & others……………….Respondents Judgment July 1, 1997. Result: The..

Category: Administrative Law | Date: | Hits: 183

Binode Bihari Ghose Vs. Assistant Custodian, Vested and Non-Resident Property and others, 1998, 27 CLC (HCD)

....402 of 1982 in the 2nd Court of the learned Assistant Judge, Satkhira which on transfer to the Court of the learned Assistant Judge, Tala was re-numbered as Title Suit No.27 of 1997. The suit was for declaration of plaintiffs title in respect of 1.27 acre of land hereinafter referred to as the suit ...... The judgment and the decree passed by the trial Court are upheld. There shall be no order as to costs. Let the LCR be sent down. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 134.......t for India, he executed the aforesaid 3 deeds himself, those were not forged and after registration possession of the suit land was duly delivered to the plaintiff, subsequently Pulin Behari died in Bangladesh and was cremated in Bangladesh. P.Ws. also stated that Pulin Behari died leaving behind a..

Category: Property Law | Date: | Hits: 56

Nirman International Ltd. Vs. Islam Steel Mills Ltd. and others, 1997, 26 CLC (HCD)

....n the point of service of notice it was observed: “Examination of the process-server is mandatory when he has simply submitted his report about the service of summons without any verification or declaration that he had served the summons, but when he made a declaration to this effect then his e...... learned brother has already discussed and observed very clearly the legal aspect on this point in view of case laws cited before us. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 125. ......€¦â€¦â€¦â€¦â€¦â€¦Respondents Judgment February 5, 1997. Result: The appeal succeeds. Cases Referred to- Shamsul Huda Vs. Mozammel Huq and others, 27 DLR 256; Unimarine SA Panama Vs. Bangladesh 31 DLR (AD) 112; Md. Insan Ali Vs. Mir Abdus Salam, 1988 BCR (AD) 125; Johara Begum Vs. R..

Category: Procedural Law | Date: | Hits: 118

Nurul Islam and others Vs. Khatibuddin Ahmed and others, 2004, 33 CLC (HCD)

.... opposite parties as plaintiffs instituted Other Class Suit No. 142 of 2003 on 17‑9‑03 in the Court of the learned Senior Assistant Judge, Sadar, Dinajpur against the defendants-petitioners for a declaration that the decision dated 14‑9‑03 relating to amendment of the Constitution of Dinajpu......accordance with law on the evidence adduced by the parties, if any. Send down the copy of this judgment and order to Courts below at once. Ed. This Case is also Reported in: 56 DLR (2004) 545.......rajul Islam, 20 DLR 501; Md. Ashid Mia Vs. Province of East Pakistan, 22 DLR 694; Khondker Monjur Morshed Vs. Executive Committee (NB), 28 DLR 449; Abdul Jalil Vs. Abu Bakar Siddique, 35 DLR (AD) 42; Bangladesh Muktijodha Kalyan Trust Vs. Nurul Hossain, 44 DLR 22; Ministry of Communication Vs. Md. F..

Category: Civil Law | Date: | Hits: 74

AKM Shahidul Hoque Vs. Deputy Commissioner and others, 2003, 32 CLC (HCD)

....l get a decree for 2,43,505 + 3,66,225.81 = Taka 6,09,730.81 with interest at the rate of 10% from the date of the decree till realisation. Ed. This Case is also Reported in: 56 DLR (2004) 538. ......l get a decree for 2,43,505 + 3,66,225.81 = Taka 6,09,730.81 with interest at the rate of 10% from the date of the decree till realisation. Ed. This Case is also Reported in: 56 DLR (2004) 538. ...... is allowed. Cases Referred to- Bengal Nagpur Railway Co. Ltd. Vs. Ruttanji Ramji and others, AIR 1935 Calcutta 347; Ram Pertab and others Vs. G Marshall, ILR 26 Calcutta 702; Bazlur Rahman Vs. Bangladesh, 1990 BLD (AD) 66; West Bengal Vs. BK Mondal & Sons, AIR 1962 SC 779; Mulamchand Vs. ..

Category: Civil Law | Date: | Hits: 99

Government of Bangladesh Vs. Syed Rashid Ahmed Ehsan @ Syed Abdur Rashid and others, 2010, 39 CLC (HCD)

.... the case as necessary for disposal of the Rule are that the opposite party Nos.1-5 as plaintiffs filed a suit being Title Suit No.136 of 1998 in the Court of Subordinate Judge, 2nd Court, Sylhet for declaration of title and recovery of khas possession and also for declaration that the judgment and ......er of stay granted earlier by this Court stands vacated. Let a copy of the judgment along with lower Courts record be sent down at once. Ed. This Case is also Reported in: 16 MLR (HCD) (2011) 49.......own at once. Ed. This Case is also Reported in: 16 MLR (HCD) (2011) 49...

Category: Property Law | Date: | Hits: 64

Khondaker Fazlul Haque and another Vs. State, 2003, 32 CLC (HCD)

....inclined to quash the proceeding at this stage. Accordingly, the Rule is discharged. Stay granted earlier by this Court is hereby vacated. Ed. This Case is also Reported in: 57 DLR (2005) 166. ......inclined to quash the proceeding at this stage. Accordingly, the Rule is discharged. Stay granted earlier by this Court is hereby vacated. Ed. This Case is also Reported in: 57 DLR (2005) 166. ......on report against the petitioners and others alleging, inter alia, that the petitioner and others in collusion with each other by misusing official power caused a financial loss of Taka 1.10 crore to Bangladesh Muktijuddah Kallyan Trust by selling its landed property measuring 2 acres of Metal Packa..

Category: Criminal Law | Date: | Hits: 93

Md. Mosharaf Hossain Sukani Vs. State and another, 2009, 38 CLC (HCD)

....d for. Hence the Rule fails. In the result, the Rule is discharged. Order of stay stands vacated. Send down the LCR at once. Ed. This Case is also Reported in: 16 MLR (HCD) (2011) 35. ......d for. Hence the Rule fails. In the result, the Rule is discharged. Order of stay stands vacated. Send down the LCR at once. Ed. This Case is also Reported in: 16 MLR (HCD) (2011) 35. ......to the dead body. It was also alleged in the complainant petition that there took place a collusion in between MV Banga Biraj and MV Eagle Strength as a result some damages were caused to the ship of Bangladesh Nevy at Flotilla Jetty. The Bangladesh Nevy filed a case claiming 200 cores taka against ..

Category: Criminal Law | Date: | Hits: 76

Adilur Rahman Khan Vs. Bangladesh, 2008, 37 CLC (HCD)

....hority and are of no legal effect. We are grateful to the members of the bar who have actively assisted us. Ed. This Case is also Reported in: 16 MLR (HCD) (2011) 3; 16 BLC (HCD) (2011) 100. ......s the Acting Director of Odhikhar, a human rights organization. All petitioners are widely known in the country for their human rights activism and also for their work for enforcement of rule of law, independence of judiciary, protection of human rights, which include, amongst others, a corruption f......li J Shamim Hasnain J Adilur Rahman Khan, son of Dr. Ashequr Rahman Khan, House No.35 (Ground Floor), Road No.117, Gulshan, Dhaka-1212 and others………………….Petitioners Vs. Bangladesh, Represented by the Secretary, President Secretariat, Bangabhaban, P.S.-Motigheel, Dhaka ..

Category: Constitutional Law | Date: | Hits: 264

Eastern Bank Ltd. and another Vs. Sufia Re‑Rolling Mills and Steel Ltd. and others, 2004, 33 CLC (HCD)

....annot be said to be finally decided and the decision of the trial Court therefore would not act as res judicata. 24. In Venkataratnama Vs. Krishnama, AIR 1921 Mad 22 (FB) a suit was instituted for declaration that the adoption of 2nd defendant by 1st defendant was invalid inasmuch as it was not a......d and order of stay granted therein is recalled and vacated. Parties are directed to bear their own cost. Send down the records at once. Ed. This Case is also Reported in: 56 DLR (2004) 530. ......Fazil Vs. Star Films Distributor, 14 DLR 307 Dac; Messrs Eastern Federal Union Insurance Co. Ltd Vs. Messrs Quareshi Brothers, 18 DLR 62; Amin Jute Mills Ltd Vs. ARAG Ltd, 28 DLR (AD) 76; Islami Bank Bangladesh Ltd Vs. Shohag Medicine Supply and others, 52 DLR 571; Khohinoor Chemical Co Vs. Royal Ex..

Category: Civil Law | Date: | Hits: 92

Abdullah (Md) and others Vs. Majibul Huq and others, 2003, 32 CLC (HCD)

....executants. Heard the learned Advocate for the petitioner and perused the revisional application along with the annexures. 10. On the perusal of the same it appears that the present suit is for declaration that the solenama and the sole decree passed in Title Suit No. 134 of 1958 are forged, f......No. 14 dated 30‑5‑2001 be set aside and the application dated 20‑5‑2001 be allowed. However, there will be no order as to costs. Ed. This Case is also Reported in: 56 DLR (2004) 528. ......No. 14 dated 30‑5‑2001 be set aside and the application dated 20‑5‑2001 be allowed. However, there will be no order as to costs. Ed. This Case is also Reported in: 56 DLR (2004) 528. ..

Category: Civil Law | Date: | Hits: 75

Dr. Ahmed Husain Vs. Chairman, Bangladesh Telegraph and Telephone Board, Dhaka and others, 1997, 26 CLC (HCD)

.... without any order as to cost. Stay order granted earlier in respect of realisation of the disputed portion of VAT is hereby vacated. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 115. ...... without any order as to cost. Stay order granted earlier in respect of realisation of the disputed portion of VAT is hereby vacated. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 115. ......(1998) 115. ..

Category: Fiscal/Taxation Law | Date: | Hits: 138

Debesh Chandra Bhattacharya and others Vs. Government of Bangladesh and others, 2004, 33 CLC (HCD)

.... Kanta Lahiri Chowdhury was the owner of the case properties. He filed Other Class Suit No. 319 of 1979 renumbered, as OC Suit No. 227 of 1981 in the Second Court of Subordinate Judge, Mymensingh for declaration that enlistment of a portion of his properties as enemy/vested specified in the schedule......h the observation that this judgment will have no bearing on the fate of the Partition Suit/Appeal . There will be no order as to costs. Ed. This Case is also Reported in: 56 DLR (2004) 525. ......eme Court High Court Division (Special Original Jurisdiction) Present: SM Hossain J ZR Chowdhury J Debesh Chandra Bhattacharya and others …….Petitioners Vs. Government of Bangladesh and others……..Respondents Judgment January 5, 2004. Result: The Rule is m..

Category: Property Law | Date: | Hits: 67

Animal Protection Society Chittagong Vs. Laxman Chadra Das & others, 2003, 32 CLC (HCD)

....and decree dated 8‑1‑01 passed by Subordinate Judge, Court No. 1 at Chittagong in Other Suit No. 88 of 2000, which rejected the plaint. 2. On 8‑6‑2000 the plaintiff instituted the suit for declaration of title in the suit land and also for further declaration that the plaintiff society wa......he deposit account of the Public Account of the Republic as provided under section 10(2) of the Ordinance. Send down the record at once. Ed. This Case is also Reported in: 56 DLR (2004) 522. ...... for declaration of its right to receive the compensation given by the award. Such suit is therefore, not barred under any of the provisions of the Ordinance. 5. On behalf of the respondent No. 8, Bangladesh, Mr. Firujur Rahman, the learned Assistant Attorney General, however, tried to defend the..

Category: Property Law | Date: | Hits: 61