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Suratjan Bewa Vs. Md. Abdul Mannaf and others, 2006, 35 CLC (HCD)
....aid by the defendant No. 1. The plaintiff petitioner now asserts that it was disclosed that the defendant No. 1 took an ailing Anfar Uddin to Tarail Bazar onthe pretext of treatment and obtained that disputed deed fraudulently in collusion with officials at the Sub-Registrar's Office by "forging" An......e in the Rule issued. In the result, the Rule is discharged. There is no order as to costs. Send down the Lower Court Records at once. Ed. This Case is also Reported in: 58 DLR (2006) 400...Category: Property Law | Date: | Hits: 82
Nasima Akhter Banu Vs. Abu Taher Masud and others, 2006, 35 CLC (HCD)
....he plaintiffs case, in brief, is that the suit land originally belonged to Golam Nabi Sowdagar from whom she inherited her respective share in the suit property; that out of 4.28 acres of land of the disputed Khatian No. 1247 of 1977, Golam Nabi Sowdagar mortgaged 1.60 acres of land in favour of Abd......ed earlier by this Court is hereby vacated. Communicate the order at once with a copy of the judgment for information and necessary action. Ed. This Case is also Reported in: 58 DLR (2006) 370. ..Category: Procedural Law | Date: | Hits: 99
Alauddin (Md.) Vs. State and others, 2005, 34 CLC (HCD)
....gravity of the nature of the case on attachment appointed the Officer-in-Charge of Mirsarai Police Station as receiver and receiver is none but a police officer and he cannot be dispossessed from the disputed property since he has authority to arrest anyone and send him to jail and also prosecute hi......in that dale and also agreed that they will not ask for any adjournment until it is required on emergency. Communicate the order at once. Ed. This Case is also Reported in: 58 DLR (2006) 364...Category: Criminal Law | Date: | Hits: 55
Abdul Mazid (Md.) Vs. State, 2006, 35 CLC (HCD)
.... However, imposition of fine shall remain unaltered. Send down the LCRs along with a copy of the judgment to the Court below immediately. Ed. This Case is also Reported in: 58 DLR (2006) 355.......an is a man of neighboring house and he deposed that on 5th Bhadra, Friday at about 7-30 PM, he heard outcries from the house of Mazid and rushed there. At that time, he saw accused Mazid to run away holding a knife in his hand. Then, on entering into the house of Mazid, he found that Ansar was lyin..Category: Criminal Law | Date: | Hits: 93
Mashriqui Jute Mills Vs. Chairman, Second Labour Court & another, 2005, 34 CLC (HCD)
....nexure C to the petition) is declared to have been made without lawful authority and is of no legal effect. Send down the LC Records at once. Ed. This Case is also Reported in: 58 DLR (2006) 352.......No. 1 allowed the case on contest, set aside the said order of dismissal dated 21-7-1996 and ordered for his reinstatement in the job within 30 days from the dale of the judgment with full back wages holding that the dismissal order was issued by an incompetent person which has no legal basis. 4...Category: Employment/Service Law | Date: | Hits: 67
Ismail Howlader and others Vs. State, 2006, 35 CLC (HCD)
....apon supported by a lathi/stick or lathi), that convict appellant Ali Hossain had a lathi in his hand, though he did not assault the victim. But Ali Azim and Akbar assaulted him. He admitted that the disputed boat belonged to convict appellant Ismail. 20. PW 7 Jakir Hosain of village Sutalari sta......he informant that the appellants, being his distant uncle Ismail and his four sons, had beaten up Nasir when he demanded the money. So the informant went to appellant Ismail's house and requested for holding a Salish for resolving the dispute. But Ismail denied Nasir's claim for money and refused to..Category: Criminal Law | Date: | Hits: 43
Noorjahan Ahmed and others Vs. Tarifuddin Ahmed, 2003, 32 CLC (HCD)
....ps for reconstruction of the record of the other suit No. 105 of 1983. There shall be no order as to cost. Send down the records at once. Ed. This Case is also Reported in: 58 DLR (2006) 326.......ntiffs had knowledge about the address of the defendants of Title Suit No. 105 of 1983 but even then it appears that at the relevant time tenants of the plaintiffs, namely Jibon Bima Corporation, was holding and possessing the suit building. Therefore if the summons were served even under Order V, r..Category: Property Law | Date: | Hits: 83
Kazi Moniruzzaman and others Vs. Kazi Nuruzzaman and others, 2006, 35 CLC (HCD)
....shall dispose of the case expeditiously preferably within 6(six) months from the date of receipt of this judgment. Send down the LCR at once. Ed. This Case is also Reported in: 58 DLR (2006) 306.......fendant opposite parties in this case. 25. We hold that in an appropriate and proper case, the Court must exercise its judicial discretion in granting such leave and thus, we have no hesitation in holding that in an appropriate case where the reasons for non-filing of the documents at the time of..Category: Property Law | Date: | Hits: 131
Abdur Rashid Salam Vs. Md. Moniruzzaman, 2005, 34 CLC (HCD)
....owering the Court to reject the plaint for 4(four) reasons as quoted above. The Court has rejected the plaint exercising its power given in clause (a) of rule 11 of Order VII of the Code. This is not disputed that Court may reject the plaint under clause (a) on a plain reading of the plaint itself w......espect of the suit premises under a renewable agreement of tenancy for a period of 2(two) years which expired on 30-4-2003. The plaintiff-petitioner, however, is in possession of the suit premises by holding over by paying rents through the House Rent Controller in House Rent Case No. 25 of 2003 sin..Category: Procedural Law | Date: | Hits: 90
Amin Uddin (Md.) Vs. State, 2006, 35 CLC (HCD)
.... matter having great social importance giving top most priority. LC records along with copy are sent down at once. Ed. This Case is also Reported in: 58 DLR (2006) 294, 26 BLD (HCD) (2006) 433. ......ce report as above under section 27(1) of the Ain as amended will mean a report contemplated under, section 173 of the Code of Criminal Procedure and said above police report is to be submitted after holding investigation in a police case started upon first information report lodged in thana as PS c..Category: Criminal Law | Date: | Hits: 48
Kazi Rashed Akhter Shahid (Prince) Vs. Rokshana Choudhury (Sanda), 2006, 35 CLC (HCD)
.... wives should be ordered either to give maintenance to their wives or divorce them. It was further directed that in the event of divorce, they should also remit arrears of past maintenance. It is not disputed that no exception was taken to this direction of Caliph Umar. 35. Upon the consideration......of stay granted at the time of issuance of the Rule is hereby recalled and vacated. Send down the LCR at once. Ed. This Case is also Reported in: 58 DLR (2006) 271, 26 BLD (HCD) (2006) 613. ..Category: Family Law | Date: | Hits: 184
State Vs. Harun Chowdhury, District Magistrate and Mostafa Kamal, SP Sylhet, 2005, 34 CLC (HCD)
....tafa Kamal, Superintendent of Police, Sylhet are exonerated from the charge of contempt of Court and they are warned to be careful in future. Ed. This Case is also Reported in: 58 DLR (2006) 267.......s fit and proper. 7. We have heard the learned Advocates of both the contemners and the learned Assistant Attorney-General, in the instant case Harun Chowdhury, as the District Magistrate, Sylhet was holding the office of the Head of the Magistracy in the District and Mostafa Kamal, Superintendent o..Category: Civil Law | Date: | Hits: 1272
MA Salam Vs. Additional District Judge & Dewlia Adalat, Chittagong and another, 2005, 34 CLC (HCD)
....th law and, as such, no interference is called for. Mr. Siddique submits that dismissal of the plaint involves both question of law and fact and since the Court in writ jurisdiction cannot decide the disputed question of fact on an application without proceeding under section 27 of the Act, there is......nal District Judge and Bankruptcy Court, Chittagong in Bankruptcy Case No. 6 of 2000 is declared to have been passed with lawful authority. Ed. This Case is also Reported in: 58 DLR (2006) 258. ..Category: Civil Law | Date: | Hits: 131
Md. Lokman @ Lokman Vs. State, 2010, 39 CLC (AD)
....Rule requiring no interÂference by this Court. Accordingly, the leave petition is dismissed. This Case is also Reported in: 63 DLR (AD) (2011) 156, 8 LG (AD) (2011) 81, 31 BLD (AD) (2011) 60. ......l Procedure do not disclose that the accused was in any way connected with the occurÂrence and he committed any act of abetment and under such circumstances, the High Court Division was justified in holding that there was no sufficient ground for proceeding against the accused on the charge of abet..Category: Criminal Law | Date: | Hits: 73
Dhaka Leather Complex Ltd. Vs. Sikder Construction Ltd. and another, 2009, 38 CLC (AD)
....der passed by the High Court Division is wholly illegal and not in accordance with law and it suffers from legal infirmity and the same is liable to be set aside. 10. The facts of the case are not disputed. The respondent filed an application on 04-08-1999 under Section 14(2) of the Arbitration A......ost. The impugned judgment and order dated 18-08-2003 passed by the High Court Division in First Appeal No. 255 of 2002 is hereby affirmed. Ed. This Case is also Reported in: 8 LG (AD) (2011) 75...Category: Alternative Dispute Resolution | Date: | Hits: 187
Abi Abdullah (Md.) and others Vs. Government of Bangladesh, 2005, 34 CLC (HCD)
.... petitioners are concerned. In the result, the Rule is made absolute so far as it relates to the petitioners without any order as to costs. Ed. This Case is also Reported in: 58 DLR (2006) 250. ......and determination of right in land re-appearing on account of alluvion. By the said Act, the right, title, interest of the original tenant or his successor-in-interest would subsist in the lands of a holding or portion thereof during the period of loss by diluvion if such lands re-appeared in situ w..Category: Property Law | Date: | Hits: 99
Abdul Mannaf (Md.) Vs. Md. Sohrab Ali Akand & others, 2005, 34 CLC (HCD)
....ge, Trishal, Mymensingh in Miscellaneous Case No. 49 of 2000 (pre-emption) disallowing the pre-emption. 2. The case of the pre-emptor-appellant opposite party Md. Sohrab Ali, in brief, is that the disputed land belonged to opposite party No. 2 Haji Md. Kazimuddin Akand who sold the same measuring......d situated within Ghorail Bazar and, as such, it is not pre-emptable. 4. The trial Court on consideration of the facts, circumstances and evidence adduced by the parties disallowed the pre-emption holding that the disputed land is a "Chandina" land situated at the centre of the Bazar, which not b..Category: Property Law | Date: | Hits: 91
Executive Engineer, Sylhet Public Works Department Vs. Md. Asob Ali, 2005, 34 CLC (HCD)
....o costs. The order of stay passed at the time of issuance of the Rule is hereby vacated. Send down the records of the Courts below at once. Ed. This Case is also Reported in: 58 DLR (2006) 236. ......ht in the goods for sale in auction, and for the same reason the auction seller neither becomes legally obliged to accept the highest bidder as the auction purchaser nor becomes legally retarded from holding a fresh auction. That being the position of law, in the instant case no legal right in respe..Category: Business or Commercial Law | Date: | Hits: 209
Tahera Begum and others Vs. Mizanur Rahman (Md.) and others, 2004, 33 CLC (HCD)
....nullity and such decree could not be executed in law. In support, he cited Aminullah Bhuiyan and others Vs. Abdul Hafiz and others, 1981 BCR (AD) 131 = 33 DLR (AD) 282. 12. The facts which are not disputed are that Md. Moshin Khan on 9-5-96 got the preliminary decree on contest against defendant ...... Jalal Patwari died in 2000 and submits that Jalal Patwari was admitted to have died before the preliminary decree was made final. Learned Joint District Judge, therefore, did not commit any error in holding that the final decree as drawn against a dead party, namely, defendant No. 232 Jalal Patwari..Category: Property Law | Date: | Hits: 72
Rafique Ullah (Md) Vs. Badsha Alam and others, 2005, 34 CLC (HCD)
....998, submits that the deed in question under the pre-emption proceeding was, in fact, a deed of mortgage but due to mistake the kabala was written as a sale deed and thereafter the vendor of the said disputed kabala instituted Title Suit No. 30 of 1998 before filing the pre-emption case and ultimate......ocate appearing on behalf of the pre-emptee- petitioner, has assailed the impugned judgment of the Courts below mainly on 2 grounds. Firstly, he submits that both the Courts below erred in law in not holding that the pre-emption application was bad for defect of parties inasmuch as some of the co-sh..Category: Property Law | Date: | Hits: 67
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