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Badarnessa and others Vs. Mafuza Khatun and others, 2009, 38 CLC (AD)
.... involved in the case, in short, are that Idris Mia, predecessor of the appellants as plaintiff filed Title Suit No.15 of 1968 in the first Court of Subordinate Judge, Comilla for partition of ejmali land stating, inter-alia, that the properties described in schedule-1 to the plaint belonged to Shah......a J Badarnessa and others…..................Appellants (In both the appeals) Vs. Mafuza Khatun and others.............Respondents (In both the Appeals) Judgment August 4, 2009. Case Referred To- Shahzada Muzaffar Ali Vs. Aga Begum, 20 DLR (WP) 149. Lawyers Involved: Ab......llate Division (Civil) Present: Mohammad Fazlul Karim J Md. Joynul Abedin J SK Sinha J Badarnessa and others…..................Appellants (In both the appeals) Vs. Mafuza Khatun and others.............Respondents (In both the Appeals) Judgment August 4, 2009. Ca.............Respondents (In both the Appeals) Judgment August 4, 2009. Case Referred To- Shahzada Muzaffar Ali Vs. Aga Begum, 20 DLR (WP) 149. Lawyers Involved: Abdul Wadud Bhuiyan, Senior Advocate instructed by Md. Nawab Ali, Advocate-on-Record-For the Appellants. (In both the appeals..Category: Property Law | Date: | Hits: 29
Delower Hossain @ Ali Hossain Bhuiyan Vs. State, 2001, 30 CLC (HCD)
....d in support of his contention annexed a kabinnama, registered by Nayarhat Kaji office, Savar, Dhaka on 29-6-96. The learned Counsel further submitted that while the victim demanded some agricultural land for her own security, the petitioner out of sheer love executed a suf-Kabala deed in her favour...... Md. Ali Asgar Khan J Altaf Hossain Khan J Delower Hossain @ Ali Hossain Bhuiyan ……….Petitioner Vs. State ……………….Opposite Party Judgment December 12, 2001. Case Referred To Sonali Bank vs Karnaphuli Works Ltd 46 DLR (AD) 55. Lawyers Involved: Shaw......ntia) for a period of 10(ten) years RI with a fine of Taka 2,000 in default to suffer RI for further period of 6 months more should not be quashed 2. The short facts leading to this petition are, that one Mosammat Salina, the victim lodged an first information report with Cantonment PS alleging t...... Delower Hossain @ Ali Hossain Bhuiyan ……….Petitioner Vs. State ……………….Opposite Party Judgment December 12, 2001. Case Referred To Sonali Bank vs Karnaphuli Works Ltd 46 DLR (AD) 55. Lawyers Involved: Shawkat Ali Khan, Senior Advocate with Md Shamsul H..Category: Criminal Law | Date: | Hits: 37
Azizur Rahman Vs. Mariamunnessa and others, 2001, 30 CLC (HCD)
.... the Title Suit No. 40 of 1990 in the Court of Assistant Judge, Sadar, Noakhali, impleading the above petitioner as defendant No.1 and 19 others for the declaration of their raiyati right in the suit land because of the wrong recording of right in the name of the defendants. 3. In that suit defen......diction) Present: Md. Mamtazuddin Ahmed J Azizur Rahman………..…………Petitioner Vs. Mariamunnessa and others….………..Opposite Parties Judgment July 24, 2001. Cases referred to- Upendra Chandra Rishi and others vs Sufia Begum and others 42 DLR (AD) 285; Ami......m Kashem and others 42 DLR 499; Munshi Abdul Gani and another vs Protiva Rani Devi and others PLR 1951 p. 911; MTS Mohammad Thambi vs Shaik Mohammad Marakayar and another AIR 1949 p. 292 (Madras); S Chattanatha Karayalar vs Vaikuntarams Karayalar and another AIR 1968 (Madras) 346; Nirendra Lal Bhatt...... AIR 1937 (Allahabad) 29; Usha Doshi and another vs Suprava Sundari Devi and others CWN-99-260; Zamir Uddin Ahmed vs Ziaul Haque and others 49 DLR 622. Lawyers Involved: Md. Ozair Farooq with Morshed and Md. Shakhawat Hossain for Nikhilesh Dutta, Advocates — For the Petitioners. Shihabud..Category: Property Law | Date: | Hits: 44
Matasim Ali Chowdhury Vs. Md. Ismail, 2001, 30 CLC (HCD)
....at the instance of defendant-opposite party on three points which are: (i) To relay plaintiff’s deed to ascertain whether plaintiff is in possession of area covered by purchase deed or much more land in his possession. (ii) To relay whether defendant has been possessing any lands in excess o......tands vacated. No costs. Ed. This Case is also Reported in: 54 DLR (2002) 104. ......sion to such person as it thinks fit directing him to make such investigation and to report thereon to the Court within such time not exceeding three months as may be fixed by the Court: Provided that the Court may, on the prayer of the Commissioner and an sufficient cause being shown, extend the......………Petitioner Vs. Md Ismail ………………………………..Opposite Party Judgment January 14, 2001. Lawyers Involved: Dr. AKM Ali with AB Shoswkat Ali, Advocates—For the Petitioner. Md. Waliur Reza Chowdhury, Advocate—For the Opposite Party. Civil Revis..Category: Administrative Law | Date: | Hits: 236
Bhashani Mondal Vs. Md. Abdus Sukur and others, 2010, 39 CLC (AD)
....ssed by the learned additional Assistant Judge, 3rd Court, Dhaka in Title Suit No.51 of 1997 is void and is not binding on the plaintiffs. 3. The case of the plaintiffs, in short, is that the suit land measuring about 96 decimals appertaining to C.S. Khatian 212 and S.A. Khatian 507 was owned and......he High Court Division Judgment Here. Supreme Court Appellate Division (Civil) Present: Md. Tafazzul Islam CJ Md. Abdul Matin J ABM Khairul Haque J Surendra Kumar Sinha J Bhashani Mondal being dead his heirs Nanda Rani Mondal and another…......Appellants Vs. Md. Ab......peal on leave is directed against the judgment and order dated 17.07.2001 passed by the High Court Division in Civil Revision No.3535 of 2000 making the Rule absolute. 2. The facts, in short, are that the appellant is defendant No.1 in Title Suit No.249 of 1998 which was instituted by the plainti......spondents Judgment January 18, 2010. Result: The appeal is allowed. Case Referred to- Jaspal Singh Vs. State of Punjab, AIR 1979 SC 1708. Lawyers Involved: Mahmudul Islam, Senior Advocate instructed by Md. Nawab Ali, Advocate-on-Record- For the Appellants. A. J. Mohammed ..Category: Property Law | Date: | Hits: 39
Nurul Islam & others Vs. State, 1986, 15 CLC (HCD)
....mination he denied the defence suggestion that he was in Dhaka at the time of occurrence arid occasionally deceased Kanchan used to spend night outside away from his house, and he had enmity over the lands with accused Sabe and out of the enmity he deposed falsely. In cross-examination this witness ......an J AM Mahmudur Rahman J Nurul Islam & others.............................Appellants Vs. The State……………………………...Respondent Judgment August 5, 1986. Cases Referred to- Nazrul Islam vs. State, 27 DLR 671; The Crown and Badiuzzaman vs. Abdul Majid B......by the learned Sessions Judge on benefit of doubt. He, however, found the appellants guilty of the charge and convicted and sentenced them as noted above. 3. The prosecution case, in short, are that P.W.1 lodged an F.I.R. with the police station, Bhola at 10 A.M. on 3.10.76 at about 7 A.M. to t......diuzzaman vs. Abdul Majid Bepari 8 DLR (FC) 69, 9 DLR 247; Ekabbar Khan and others vs. The State, 29 DLR (AD) 221. Lawyers Involved: Menhajuddin Ahmed Khan with M.A.Mannan and Md. Zahirul Huq- For the Appellants. M.Shamsul Alam, Deputy Attorney General, with Abdus Sattar Howlader- For the S..Category: Criminal Law | Date: | Hits: 27
Sonali Bank Vs. Rana Oil Mill and ors., 1999, 28 CLC (HCD)
....iable one. The plaintiff-bank sanctioned a loan of Taka 9.70 lac being Taka 7 lac for capital finance and Taka 2, 70,000.00 for working capital. The defendants spent Taka 10 lac from his own fund for land, land development, construction of factory building, etc, in anticipation of reimbursement from...... MA Choudhury J Md. Abdul Aziz J Sonali Bank………………….……………..Petitioner Vs. Rana Oil Mill and ors …………………..Respondents Judgment May 24, 1999. Cases Referred To- Kohinoor Chemical Co. Ltd. Vs. Royal Exchange Assurance 25 DLR 155; Kutubuddin ......f, Sonali Bank, brought this suit for recovery of Taka 22, 85,314.30 against the defendants for the amount of loan granted to them with interest accrued thereon as on 26-5-90 on the facts, in short, that, the defendant No. 2 made an application for loan for setting up Rana Oil Mills, defendant No.1,...... High Court Division (Civil Appellate Jurisdiction) Present: MA Choudhury J Md. Abdul Aziz J Sonali Bank………………….……………..Petitioner Vs. Rana Oil Mill and ors …………………..Respondents Judgment May 24, 1999. Cases Referred To- Kohinoo..Category: Civil Law | Date: | Hits: 85
Begum Khaleda Zia Vs. Government of Bangladesh and others, 2010, 39 CLC (HCD)
....otice dated 7.5.2009 upon the petitioner (annexure-C1) asking her to show cause as to why she should not be directed to return the property in question within 15 days stating further reasons that the land in question being Class A-1 military land as per rule 5(i) of CLA Rules, 1937 the leasing of th......so Reported in: 30 BLD (HCD) (2010) 597, 63 DLR (2011) 385, 8LG (2011) HCD 189. ......nder article 27,31 and 42 of the Constitution and/or such other or further order or orders passed as to this court may seem fit and proper. 2. At the very out-set it requires to be mentioned here that this writ petition was initially filed impugning a notice dated 20.4.2009 (annexure-C) asking th......rule is discharged. Cases Referred to- 50 DLR (AD) 27, Kasturi Lal Lakshmi Reddy Vs. State of Jammu and Kashmir, AIR 1980 SC 1992, 17 DLR (SC) (1965) 369. Lawyers Involved: T.H. Khan, Senior Counsel with Rafiqul Huq, Senior Counsel and Khondker Mahbub Uddin Ahmed, Senior Counsel and Moud..Category: Property Law | Date: | Hits: 88
State Vs. Rafiqul Islam alias Gadan, 2002, 31 CLC (HCD)
....y of this judgment be forwarded to the court of Additional Sessions judge, Court No‑1, Pabna for necessary action in accordance with law. Ed. This Case is also Reported in: 55 DLR (2003) 61. ...... High Court Division (Criminal Appellate Jurisdiction) Present: Md. Abdul Matin J Syed AB Mahmudul Huq J State……………………………Appellant Vs. Rafiqul Islam alias Gadan ....................Condemned Prisoner Judgment November 6, 2002. Cases Referred T......sed (1) Md. Shahadat Hossain alias Shaha son of Abdur Rahman (2) Idris alias Idris Ali, son of late Rajah Ali Sheikh (3) Jakirul Islam alias Jafrul preferred Criminal Appeal No. 2428 of 1999 against that conviction and sentence and the condemned prisoner also preferred Criminal Appeal No. 2198 of 19......nd others Vs. State, 1989 BLD 477; Md Akbar Ali Vs. State, 1999 BLD 268; Anshad and others Vs. State of Karnataka, (1994) 4 Supreme Court Cases 381. Lawyers Involved: Syed Abu Kowser, Deputy Attorney-General with Fara Mahmuda Assistant Attorney-General‑ For the State. SS Sarker Advocate..Category: Criminal Law | Date: | Hits: 38
Haji Arshad Ali Kari Vs. Asmat Ali Hawlader and others, 2008, 37 CLC (AD)
.... accordingly, an Achalnama was executed on 02.01.1980. The Arbitrator issued notice upon the parties on 30.03.1980 fixing the date 30.04.1980 for supplying them necessary papers for settlement of the land. On the prayer of the parties the date of supplying papers were shifted on 30.05.1980, 30.06.19......ji Arshad Ali Kari……………………………………...............Petitioner Vs. Asmat Ali Hawlader and others……………………......Respondent Judgment July 30, 2008. Case Referred To- Government of Bangladesh Vs. Jalaluddin Ahmed, 37 DLR (AD) 27. Lawyers Involv......le Appeal No. 126 of 1992 affirming those dated 26.05.1992 passed by the Senior Assistant Judge, Perojpur in Title Suit No.211 of 1984 dismissing the suit. 2. The facts of the case, in short, are that the plaintiff instituted Title Suit No.211 of 1984 in the Court of Senior Assistant Judge, Peroj......……......Respondent Judgment July 30, 2008. Case Referred To- Government of Bangladesh Vs. Jalaluddin Ahmed, 37 DLR (AD) 27. Lawyers Involved: Syed Mahbubar Rahman Advocate-on-Record-For the Petitioner. Not represented- the Respondents. Civil Petition for Leave to Appeal N..Category: Property Law | Date: | Hits: 30
Giyash Uddin Vs. Martuza Bibi and ors., 2010, 39 CLC (AD)
....of Title Suit No.17 of 1992 filed in Civil Revision and the High Court Division by the impugned judgment discharged the Rule and hence this petition. 6. The case of the petitioner is that the suit land is a wide passage, 6 feet in breath and 210 feet in length, only pathway of the plaintiffs, on ......issed. Ed. This Case is also Reported in: 18 BLT (AD) (2010) 316.......1994 passed by the learned Senior Assistant Judge, Biswanath, Sylhet in Title Suit No.17 of 1992 (heard analogously with Title Suit No.14 of 1992) dismissing the suit. 2. The facts, in short, are that the Title Suit No.14 of 1992 was filed by the predecessor of the opposite party as plaintiff im......il) Present: MM Ruhul Amin J Md. Tafazzul Islam J Md. Abdul Matin J Giyash Uddin……………………………………………Petitioner (In both cases) Vs. Martuza Bibi and ors………………………………….Respondents (In both cases) Judgment January 23, 2..Category: Property Law | Date: | Hits: 33
Abu Bakar Siddique Vs. Md. Khorshed Alam & ors., 2001, 30 CLC (HCD)
....e that the opposite party as plaintiff filed Title Suit No. 306 of 1989 in the Court of Assistant Judge, 1st Court, Dhaka against the opposite parties and the petitioner for partition of 0.65 acre of land out of 1.36 acres of plot No. 125 of CS Khatian No. 53 of Mouza Gajmahal PS Mohammadpur, Distri......cates—For Opposite Party No. 1. Md. Khalilur Rahman, Advocates—For Opposite Party Nos. 2(a) & 2(b). Civil Revision No. 4616 of 1999. Judgment Md. Abdul Wahhab Miah J.- This Rule was issued calling upon the opposite party No. 1 to show cause as to why the order dated 26-10-99 pas......in Title Suit No. 62 of 1996 should not be set aside and or pass such other or further orders as to this Court may seem fit and proper. 2. Short facts, necessary, for the disposal of the Rule are that the opposite party as plaintiff filed Title Suit No. 306 of 1989 in the Court of Assistant Judge......orted in: 54 DLR (2002) 75. ..Category: Property Law | Date: | Hits: 32
Jamir Ali (Md) and Md. others Vs. Secretary, Ministry of Land and others, 1999, 28 CLC (HCD)
.... Kazi Ebadul Hoque J. -Rule in Writ Petition No. 2921 of 1998 was issued at the instance of the petitioners calling upon the respondents to show cause as to why 6 bighas and 13 decimals of unused land of the petitioners shown in Annexure-C series should not be directed to be released in favour o......sain J Jamir Ali (Md) and Md. others……………………………..Petitioners Vs Secretary, Ministry of Land and others………………Respondents Judgment August 11, 1999. Case Referred To- Sadekuddin Ahmed Vs. RAJUK 46 DLR 205. Lawyers Involved: Md. Asaduzzaman w......ring body respondent RAJUK. 3. Common question having been raised in both the Rules these are being disposed of by this judgment. 4. Case of the petitioners in Writ Petition No.2921 of 1998 is that their father late Abdul Razzak was the owner of several plots of land measuring 20 bighas in Foi......…………Respondents Judgment August 11, 1999. Case Referred To- Sadekuddin Ahmed Vs. RAJUK 46 DLR 205. Lawyers Involved: Md. Asaduzzaman with Syed Mahmud Hossain, Advocates—For the Petitioners in both of the Rules. KM Saifuddin Ahmad—For the Respondent No. 3 in both th..Category: Property Law | Date: | Hits: 27
Atar Ali Miah (Md) Vs. State and Others, 1999, 28 CLC (HCD)
.... In the result, the Rule stands discharged. Order of stay granted at the time of issuance of the Rule stands vacated. No costs. Ed. This Case is also Reported in: 52 DLR (HCD) (2000) 120.......K Badrul Huq J Atar Ali Miah (Md)…………………………….Petitioner Vs. State and others ……………………………….Opposite Parties Judgment August 12, 1999. Cases Referred To- Atiqullah Khan Masud and others Vs. Dhaka Sangbadpatra Hawkers Bahumukhi Samaba......06 BS by Tender Notice dated 2-8-1999 wherein three (3) phases with different dates for selling schedules and receiving and opening tenders were provided. It was stipulated in the said Tender Notice that in case, no offer was received or accepted in first two phases, it would be open for third phase......……………….Opposite Parties Judgment August 12, 1999. Cases Referred To- Atiqullah Khan Masud and others Vs. Dhaka Sangbadpatra Hawkers Bahumukhi Samabaya Samity Ltd 1 BLC 433; Corpus Juris Secondum Vol. 21 Para 193;Bengal Immunity Company Ltd Vs. State of Bihar, AIR1955; Carna..Category: Property Law | Date: | Hits: 34
Category: Property Law | Date: | Hits: 24
Khondaker Modarresh Elahi Vs. Government of the People’s Republic of Bangladesh, 2000, 29 CLC (HCD)
....ful means to dissuade people from taking part in hartal. Anyone who commits an offence in pursuance of either call for hartal or against the hartal comes under the purview of the existing laws of the land and they should be punished in accordance with law. It is submitted that the grounds taken that......scharging the Rule. Ed This Case is also Reported in: 54 DLR (2002) 47. ......: The petitioner is a citizen of Bangladesh and is a practicing Advocate in the High Court Division of the Supreme Court of Bangladesh. By this petition he seeks to protect his fundamental right and that of other citizens threatened to be violated by calling and observing “hartal” on 18-4-99 as ......icha and another vs State of Kerala and others, AIR 1997 (Kerala) 291; AIR 1998 (SC) 1984 and State of Texas vs Johnson, 491 USA 397 (1989) ref. Lawyers Involved: Maksudur Rahman, Advocate — For the Petitioner. Mahmudul Islam, Attorney-General with Shahabuddin Ahmad, Deputy Attorney-Gener..Category: Constitutional Law | Date: | Hits: 216
City Sugar Industries Ltd. and others Vs. Human Rights and Peace for Bangladesh, 2010, 39 CLC (AD)
....ক্ত স্থান, উদ্যান এবং প্রাকৃতিক জলাধার সংরক্ষণ আইন, ২০০০ it is prohibited to change the nature of any land that has been earmarked as a natural reservoir. As per section 8 of the said law any person who......o.781 of 2010). Vs. Human Rights and Peace for Bangladesh (HRPB) represented by the Secretary of the Executive Committee, Asaduzzaman Siddiqui and others................Respondents (In all the cases). Judgment May 3, 2010. Lawyers Involved: Mahmudul Islam, Senior Advocate instructe......it Petition No. 2503 of 2009 and having been heard together are being disposed of under this judgment. 2. The respondent as the writ petitioner filed petition No. 3503 of 2009 stating inter alia, that the organization 'Human Rights and Peace for Bangladesh (HEPB)' is a non profitable registered o...... and others............Petitioners (In Civil Petition No.761 of 2010) Mollah Salt (Triple Refined) Industries Ltd., Sharmagonj, Enayetnagar, Fatullah, Narayangonj represented by its Managing Director Mr. Alhaj Khabir Uddin Moullah...................................................Petitioner (In C..Category: Environmental Law | Date: | Hits: 344
Mohammad Reazaul Karim and others Vs. A. B. M. Khalequzzaman and others, 2010, 39 CLC (AD)
....ending in the said 20th, 21st and 22nd AGMs against the shares sold out after the record date i.e. 25.09.2005 relying on the representations of the respondent No. 18 company and as per the law of the land. The High Court Division by order dated 13.02.2008 added the appellant as added respondent No. ......Ed. This Case is also Reported in: 15 MLR (AD) (2010) 369, 62 DLR (AD) (2010) 411.......Mvi. Md. Wahidullah, Advocate-on-Record-For the Appellant (In Civil Appeal No. 321 of 2008). Dr. M. Zahir, Senior Advocate and Khandker Mahbubuddin Ahmed, Senior Advocate instructed by Mrs. Sufia Khatun, Advocate-on-Record-For Respondent Nos. 1-16 (In Civil Appeal No. 319 of 2008). Dr. M. Zahi......umar Sinha J Mohammad Reazaul Karim …………......Appellant (In Civil Appeal No. 319 of 2008) Md. Azizur Rahman.............................Appellant (In Civil Appeal No. 320 of 2008) Mejor Md. Akbar Hossain.....................Appellant (In Civil Appeal No. 321 of 2008) Vs. A. B..Category: Company Law | Date: | Hits: 191
Mobasher Hossain (Md) and others Vs. Saidur Rahman (Pvt) Ltd. and others, 2002, 31 CLC (HCD)
.... of the building, but also to direct that the building already erected be taken down." 18. Similarly, in the case of The National Bank of India Vs. Yakub Mia 7 DLR 606, in a suit for ejectment the landlord erected a wall during the pendency of the petition for temporary injunction filed by the te......shall be no order as to cost. Ed. This Case is also Reported in: 55 DLR (2003) 51. ......ompany, who allegedly took over the said vessel in violation of the order of ad interim injunction passed by this Court on 2nd April 2002. 2. The facts leading to the filing of this petition are that the plaintiff-petitioner earlier filed the instant suit for declaration, injunction and compensa......thers…..…………Defendants Judgment May 15, 2002. Cases Referred To- Muhammad Umar Beg Vs. Sultan Mahmood Khan, 1970 PLD (SC) 139; Danial Vs. Ferguson, (1891) 2 Ch 27; Von Joel Vs. Hornsey, (1895) 2 Ch 774; Israil Vs. Shamsur Rahman, 41 ILR Calcutta 436; The National Bank of India ..Category: Admiralty Law or Maritime Law | Date: | Hits: 188
Moulana Fariduddin Ahmed and another Vs. Md. Kolimullah and others, 2001, 30 CLC (HCD)
....or declaration that the registered deed of lease being No. 5679 dated 18‑5‑65 executed by his father late Ahidullah in favour of the petitioner Moulana Fariduddin Ahmed leasing out 92 decimals of land is null and void, inoperative, without consideration and therefore not binding on him. 2. La......vacated. Send down the records at once. Ed. This Case is also Reported in: 55 DLR (2003) 49.......der will dispose of both the Rules. Earlier Rule arises out of Title Suit No. 50 of 1990, which was re‑numbered as 26 of 1992, Opposite Party No.1 Md Kalimullah instituted the suit for declaration that the registered deed of lease being No. 5679 dated 18‑5‑65 executed by his father late Ahidul......d and another..................Petitioners Vs. Md. Kolimullah and others............Opposite Parties Judgment October 18, 2001. Lawyers Involved: Nur Hossain Chowdhury, Advocate‑ For the Petitioners. Not represented- the Opposite parties. Civil Revision No. 2571 of 1998 ..Category: Property Law | Date: | Hits: 27