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Lila Begum and others Vs. Faruque Meah and another, 2010, 39 CLC (HCD)
.... upon his said sons and daughters. Amongst them Asadullah transferred his interest in the suit land to his wife Setara Bhanu by executing a registered kabala dated 23rd Ashar, 1314 BS and handed over possession. Asadullah died leaving behind his wife the plaintiff No.1 Setara Banu and 2(two) sons th......the Munsif, Sylhet. On transfer to the Court of Assistant Judge Balaganj, Sylhet it was renumbered as Title Suit No.2 of 1984. The plaintiff's claim in brief, Sukur Mahmood, was the owner of the suit land along with other lands. While he had been enjoying and possessing the suit land died leaving be......ever, there is no order as to costs. Ed. This Case is also Reported in: 63 DLR (HCD) (2011) 507. ...... as per the provision of law provides in Order XLI, rule 27 of the Code of Civil Procedure the additional evidence as placed by the petitioners cannot be accepted at this stage since the documents in question had not been mentioned in the written statement or in their oral evidence by the defendants..Category: Property Law | Date: | Hits: 97
ABM Quabil Ahmed Vs. Secretary, Ministry of Health and another, 1991, 20 CLC (HCD)
....n within a reasonable time. The Rule is, accordingly, discharged with above observation. There shall be no order as to costs. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 385.......n within a reasonable time. The Rule is, accordingly, discharged with above observation. There shall be no order as to costs. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 385.......discharged with above observation. There shall be no order as to costs. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 385.......ury J.- This Writ Petition was earlier heard by a division bench comprising MH Raman and Kazi Ebadul Hoque JJ. As the learned Judges, by delivering separate Judgments, differed from each other on the questions involved in the case the learned Chief Justice has referred the matter to me for hearing a..Category: Others | Date: | Hits: 154
Golam Nasir Vs. Abdul Aziz, 1986, 15 CLC (HCD)
....f 1982 in accordance with law. Let the records of the Court below be sent down at once. Syed Misbahuddin Hossain J.- I agree. Ed. This Case is also Reported in: 39 DLR (HCD) (1987) 103. ......trate, Barguna on 01.01.1982 against respondent Nos.1 to 8 along with others on the accusations that on 21.12.1981 the accused persons forcibly cut and took away paddy worth of Tk. 7,500/- from the land of the appellant dishonestly; upon such accusations the aforesaid C.R. Case was started against......rds of the Court below be sent down at once. Syed Misbahuddin Hossain J.- I agree. Ed. This Case is also Reported in: 39 DLR (HCD) (1987) 103. ......f 1982 in accordance with law. Let the records of the Court below be sent down at once. Syed Misbahuddin Hossain J.- I agree. Ed. This Case is also Reported in: 39 DLR (HCD) (1987) 103. ..Category: Criminal Law | Date: | Hits: 123
Hellenic Lines Ltd. Vs. People's Republic of Bangladesh, 1985, 14 CLC (HCD)
....smissed without any order as to costs. The judgment and decree passed by the trial Court are affirmed. Md. Abdul Jalil J.- I agree. Ed. This Case is also Reported in: 39 DLR (HCD) (1987) 93....... Defendant No. 4 M/s. Birds (Pakistan) Agency Ltd. on receipt of the said letter informed the plaintiff by their letter Ext.5 (b) dated 27.02.1968 that the hold survey of these drums at the time of landing from the ship and defendant No.4's surveyor's finding had already been recorded in the relev......gment and decree passed by the trial Court are affirmed. Md. Abdul Jalil J.- I agree. Ed. This Case is also Reported in: 39 DLR (HCD) (1987) 93.......bject of claim is not settled within 10 days the plaintiff will be compelled to institute a suit. Thereafter defendant No.4 by their letter Ext. 5(k) dated 31st January, 1969 replied, "The drums in question landed ex the vessel on 22.02.1968. The survey although allowed by us was not held for re..Category: Business or Commercial Law | Date: | Hits: 463
Mati Miah and Shamsu Miah Vs. State, 1990, 19 CLC (HCD)
....r of conviction is not based on any legal testimony and as such it is not sustainable, it is further submitted that material witnesses have been withhold to prove alleged recovery of the gun from the possession of the appellants and in absence of such proof the conviction cannot stand. it is farther......e No.221 of 1980 are hereby set aside. Both the appellants Shamsu Mia and Mati Mia are discharged from their respective bail bonds. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 554.......llants Shamsu Mia and Mati Mia are discharged from their respective bail bonds. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 554.......e No.221 of 1980 are hereby set aside. Both the appellants Shamsu Mia and Mati Mia are discharged from their respective bail bonds. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 554...Category: Criminal Law | Date: | Hits: 125
Shahr Banoo Mohsin Asgar and another Vs. Lailun Nahar Ershad and others, 1991, 20 CLC (HCD)
....ner No.1 being the owner of the holding executed an agreement dated 15.8.71 for sale of the same to him at a consideration of Tk. 1,00,000.00 and do in pursuance thereof she also put the plaintiff in possession of the ground floor of the building on 3.8.72. Petitioner No.1 and her husband, petitione......m aims thus, in August, 1973, one Sk. AM Ershad, the predecessor of the opposite parties, brought a suit being Title Suit No.90 of 1973 for specific performance of a contract for sale of 13 kathas of land including a two storied building at 3, New Bailey Road, Dhaka on the allegations that petitione......is also Reported in: 44 DLR (HCD) (1992) 552.......xercise of its inherent powers it cannot entertain, an application for setting aside, an ex parte decree which is alleged to have been obtained on practising fraud upon the court itself ? This is the question for decision before me. The problem aims thus, in August, 1973, one Sk. AM Ershad, the pred..Category: Procedural Law | Date: | Hits: 130
Deputy Commissioner (Revenue), Sylhet Vs. Sudhir Chandra, 1991, 20 CLC (HCD)
....‑opposite party as plaintiff through his attorney, one Shafiqui Haque Chowdhury, instituted Title Suit No.205 of 1985 in the Court of Munsif, Sadar Sylhet for declaration of title and recovery of possession of the suit land on the basis of settlement, from the Maharaja of Tripura namely, Kirit B......aintiff through his attorney, one Shafiqui Haque Chowdhury, instituted Title Suit No.205 of 1985 in the Court of Munsif, Sadar Sylhet for declaration of title and recovery of possession of the suit land on the basis of settlement, from the Maharaja of Tripura namely, Kirit Bikram Kishore Manikya B...... Code of Civil Procedure read with section 151 of the said Code has been preferred by the Government of the People’s Republic of Bangladesh, represented by the Deputy Commissioner, Sylhet for reviewing the judgment and decree dated 7th and 8th March, 1989 passed by this Court in Sylhet High Court ...... rejected. The order passed in Civil Order No.2454/90 on 20‑12‑90 in connection with this application stands vacated. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 549. ..Category: Property Law | Date: | Hits: 157
....njunction and as a result the learned Assistant Judge, Naria, by his order dated 9.9.87 made the ad‑interim injunction dated 30.3.87 absolute restraining the defendants from disturbing the peaceful possession of the plaintiffs in the suit land. Thereafter, the defendants filed application and pray......1987 in the court of the learned Assistant Judge, Naria Upazila, on 29.3.87 against the defendant opposite parties for a decimation do the order of the Naria Upazila Nirbahi Officer treating the suit land as a part of Chandipur hat or bazar is illegal, void and without jurisdiction and there is no h......iatpur, District Sariatpur and others………Opposite Parties
Judgment
April 13, 1992.
Result:
The rule is made absolute.
Case Referred to-
Sashi Mohan Sen Vs. Ainullah, 1992 BLD (AD) 8.
Lawyers Involved:
Abdur Rab 1, Advocate- For the Petitioners.
......ion is still in force and the defendants are bound to obey it. Mr. Rab in support of his contention has rcferw4 to the cam of Saski Mohan Sen Vs. Ainullah, 1992 BLD (AD) 8. In the aforesaid case, the question of enforcement of the decree for injunction came up for consideration before their Lordship..
Category: Property Law | Date: | Hits: 123
Shewe Hla Prue TK Vs. Commissioner, Chittagong Division, Chittagong and others, 1992, 21 CLC (HCD)
....ithout lawful authority and to be of no legal effect. In the result, the Rule is made absolute without any order as to costs. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 539....... alia has stated that the petitioner was the headman of Naithong Mouza and Shekdu Mouza under Thanchi Upazila. Since the two Mouzas are very large and the volume of work relating to the settlement of land etc. had increased manifold it was considered not desirable to have one headman for two Mouzas ......In the result, the Rule is made absolute without any order as to costs. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 539.......ouza by the Headman. The respondent No.4 belonged to Tribe but only 40% population of Naithong Mouza is of Tripura Tribe and remaining 60% are mostly of Marma Tribe and Morong Tribe and therefore the question of the nomenclature of Tribal People of the Mouza is altogether an extraneous matter and wa..Category: Others | Date: | Hits: 171
Padmabati Biswas Vs. Banglasdesh and others, 1992, 21 CLC (HCD)
....ar land in accordance with the provision of section 3 of the aforesaid Act and had appointed District Manager as receiver for management of the said land. The lands were still under attachment and in possession of the receiver. As the Collector thought that rival claims of title and possession of th...... and decree dated 19.4.62 passed by the Subordinate Judge, Khulna in Title Suit No 5 of 1959. 2. Collector of Khulna on 16.5.59 made a reference to the Alluvial Lands Act, 1920 stating that some island chars were formed in the bed of the river Kazibacha in Mouza Tetultala within PS Batiaghata in ......ll be no order as to costs. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 465. ......cality by a competent surveyor and in the map the condition other river Kazibacha as it was at the time of CS operation and subsequent change of course as well as the situation of the three Mouzas in question, namely Tetultala, Jalma and Ringaman should he property depicted. 23. Mr. Moazzem Hossa..Category: Property Law | Date: | Hits: 118
Jagendra Lal Poddar Vs. Naresh Chandra Poddar and others, 1985, 14 CLC (HCD)
....Judgment Nurul Huque Bhuiyan J. - This appeal arises out of a suit for establishment of title in respect of one 3rd share of the suit property and for petition of the suit property for getting possession in one 3rd share thereof and is directed against the judgment and decree of the learned S......la passed in Title Appeal No.90 of 1977 affirming those of the learned Munsif, First Court, Chandpur in Title Suit No.25/1973. 2. The plaintiff instituted the suit on the allegations that the suit land and the structures thereon belonged to Nabadwip Chandra Paul who sold the same to the plaintiff......nt. Ramendra Kumar Majumder, Advocate - For the Respondent. Second Appeal No.163 of 1979. Judgment Nurul Huque Bhuiyan J. - This appeal arises out of a suit for establishment of title in respect of one 3rd share of the suit property and for petition of the suit property for getting...... joint to establish the fact. But where it is established that the family possessed some joint property which from its nature and relative value may have formed the nucleus from which the property in question may have been acquired, the burden shifts to the party alleging self acquisition to establi..Category: Property Law | Date: | Hits: 111
Mrs. Nafiza Mariam Vs. State, 1985, 14 CLC (HCD)
....zlul Huda must be and is directed to be released forthwith. The rule is accordingly made absolute. Abdul Bari Sarker J. - I agree. Ed. This Case is also Reported in: 39 DLR (HCD) (1987) 50. ......zlul Huda must be and is directed to be released forthwith. The rule is accordingly made absolute. Abdul Bari Sarker J. - I agree. Ed. This Case is also Reported in: 39 DLR (HCD) (1987) 50. ...... rule is accordingly made absolute. Abdul Bari Sarker J. - I agree. Ed. This Case is also Reported in: 39 DLR (HCD) (1987) 50. ......e detenue on the expiry of 120 days is illegal and is without lawful authority. The learned Advocate submits that the detenue is entitled to be released from detention forthwith. 6. As regards the question of illegality of the order of remand to police custody by the learned Magistrate beyond the..Category: Criminal Law | Date: | Hits: 116
Chairman, Chittagong Port Authority, Chittagong Vs. Kalipada Dey & others, 1986, 15 CLC (HCD)
....t, the Rule is made absolute without any order as to costs and the impugned order is set aside. Mohammed Abdur Rouf J. - I agree. Ed. This Case is also Reported in: 39 DLR (HCD) (1987) 39. ......t, the Rule is made absolute without any order as to costs and the impugned order is set aside. Mohammed Abdur Rouf J. - I agree. Ed. This Case is also Reported in: 39 DLR (HCD) (1987) 39. ......gned order is set aside. Mohammed Abdur Rouf J. - I agree. Ed. This Case is also Reported in: 39 DLR (HCD) (1987) 39. ...... for being considered for selection to the higher post of Traffic Inspector. So, whether the dispute as raised by these seven respondents can be regarded as an industrial dispute is the fore-most question to be considered and decided. 8. In section 2 (XIII) industrial disputes has been define..Category: Labour and Industrial Law | Date: | Hits: 204
Wing Commander M Hamidullah Khan Bir Protik Vs. Bangladesh and others, 2011, 40 CLC (HCD)
.... against the petitioner, if he is so advised. In the facts and circumstances above, the instant writ petition is rejected summarily. Ed. This Case is also Reported in: 63 DLR (HCD) (2011) 491....... against the petitioner, if he is so advised. In the facts and circumstances above, the instant writ petition is rejected summarily. Ed. This Case is also Reported in: 63 DLR (HCD) (2011) 491.......e facts and circumstances above, the instant writ petition is rejected summarily. Ed. This Case is also Reported in: 63 DLR (HCD) (2011) 491.......w or the Constitution. Apart from that the petitioner has no substantive interest herein. In addition, an international agreement which was acted upon more than three decades back cannot be called in question in Court. The instant application is a misconceived and has been preferred with an ulter..Category: Constitutional Law | Date: | Hits: 314
Babu Khan Vs. State, 2003, 32 CLC (HCD)
....ial Court. Send down the Lower Court Records at once. The trial Court is directed to dispose of the case with utmost expedition. Ed. This Case is also Reported in: 55 DLR (HCD) (2003) 547.......al we hold that right of an accused to be defended by a lawyer in a case charged under section 302 of the Penal Code, being punishable with death, is an inalienable right guaranteed in the law of our land and if any trial takes place in refusing such fundamental right the trial is a misnomer and the......s at once. The trial Court is directed to dispose of the case with utmost expedition. Ed. This Case is also Reported in: 55 DLR (HCD) (2003) 547.......ial Court. Send down the Lower Court Records at once. The trial Court is directed to dispose of the case with utmost expedition. Ed. This Case is also Reported in: 55 DLR (HCD) (2003) 547...Category: Criminal Law | Date: | Hits: 123
....py of this judgment and order be communicated to the learned Senior Assistant Judge, Barguna for his information and necessary action.
Ed.
This Case is also Reported in: 55 DLR (HCD) (2003) 542.......dge, by the impugned judgment and order, rejected the said application under Order VII rule 11 of the Civil Procedure Code for rejection of the plaint.
2. At the heart of the dispute is a piece of land comprising .98 acres of Government's khas land on plot Nos.1200, and 1202 in Mouja, Sub-Registr...... information and necessary action.
Ed.
This Case is also Reported in: 55 DLR (HCD) (2003) 542.......1997 and prayed for a declaration that the aforesaid deed of settlement is void, illegal, without jurisdiction, collusive and without any legal effect. These brief facts have evoked a number of legal questions:
(i) Whether the Ministry of Health can maintain a suit against the Government;
(ii)..
Category: Procedural Law | Date: | Hits: 146
Mohiuddin Ahmed and others Vs. Government of Bangladesh and others, 2011, 40 CLC (HCD)
....r as to costs. The order of stay granted earlier by this Court is vacated. Send a copy of this Judgment to the trial Court below. Ed. This Case is also Reported in: 63 DLR (HCD) (2011) 504.......id not take any step against the order of rejection; that Anil Ranjan Shyam then mutated the suit property and a separate Khatian was created in the name of defendant Nos.7-9 and they gifted the said land to the defendant No.6 by the registered deed dated 22-4-2004 and the defendant No.6 got the sam...... This Case is also Reported in: 63 DLR (HCD) (2011) 504.......ed by the respective parties. 12. It appears from the order of the trial Court that upon hearing the application preferred by the defendant petitioners, rejected the same with the finding that the question raised in the application are mostly decidable during trial and the question may be enuncia..Category: Property Law | Date: | Hits: 121
GSH Jamal Vs. Surraiya Jabeen and others, 2010, 39 CLC (HCD)
....e is liable to be evicted and was also directed the defendant-tenant to vacate the suit premises upon removing all the structures constructed by him from the suit premises and handover the vacant possession of the same to the plaintiff landlord within 30 days. 2. The predecessor of the plaint......d decree dated 23-9-2008, passed by the learned Joint District Judge, 2nd Court, Dhaka in Title Suit No.40 of 2005 (Originally Title Suit No.135 of 2003) decreeing the suit in favour of the plaintiff-landlord, holding that the defendant tenant is a defaulter and, as such, he is liable to be evicted ......down the lower Court records at once. Ed. This Case is also Reported in: 63 DLR (HCD) (2011) 493.......efaulter. Pursuant to the good relationship between the families the tenant did not keep with him all the renewed agreements and the copy of all the rent receipt; after expiry of the lease deeds in question on 31-12-1996 the agreements were renewed pursuant to the discussions between them for the ..Category: Tenancy Law | Date: | Hits: 190
Mamun Akbar Vs. State and another, 2012, 41 CLC (AD)
....ning installments. So, he offered to sell the land to the complainant at a price of Tk.25, 000/- and executed a contract for sale (bainapatra) in favour of the complainant on 07.11.2000. He delivered possession of the land to the complainant in presence of an Engineer of the Project along with a wri......long standing family relationship with the accused-petitioner Mamun Akbar which resulted in a relationship of mutual trust. During such relationship the accused-petitioner got allotment of a piece of land measuring 40 square meters of Section-2, Mirpur, Dhaka, in terms of allotment letter dated 23.0......ngly, the criminal petition for leave to appeal is dismissed. Ed. This Case is also Reported in:......he bainapatra of the complainant was allegedly executed by the accused-petitioner within the period of 10 (ten) years from the date of issuance of the letter of allotment when transfer of the plot in question was prohibited and therefore no contract was created by the said bainapatra. Moreover, he s..Category: Criminal Law | Date: | Hits: 90
State Vs. Md. Kamal Uddin alias Pichchi Kamal, 2012, 41 CLC (AD)
....enemy, i.e. the local M.P. Mr. Mofazzal Hossain Kaikobad implicated him in the case with the help of police personnel. He never kept the Arms from where it was recovered and he did not have exclusive possession and control over the seized Arms because he had been in custody since one and half years ......legality or infirmity in the impugned judgment and order of acquittal passed by the High Court Division. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: ......order of acquittal passed by the High Court Division. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: ......legality or infirmity in the impugned judgment and order of acquittal passed by the High Court Division. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: ..Category: Criminal Law | Date: | Hits: 119
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