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Muktar Hossain and others Vs. A Matin Sarker and others, 2007, 36 CLC (HCD)
....rayer for preemption. 2. Petitioners made an application under section 96 of the State Acquisition and Tenancy Act, 1950 (hereinafter referred to as the Act) for preÂemption as owners holding land contiguous to the land transferred by the predecessor of opposite party No. 4(Ka) to 4(Cha) and......ce. Communicate. Ed This Case is also Reported in: 59 DLR (2007) 116. ......(Cha) and opposite party No. 5 to opposite party Nos. 1 to 3 by a deed of sale dated 8-Â4-1999. 3. Opposite party Nos. 1 to 3 opposed the application by filing a written objection contending that the prayer for preemption was prohibited under section 96(10)(d) of the State Acquisition and Te......d J Muktar Hossain and others……. Petitioners Vs. A Matin Sarker and others……. Opposite-Parties Judgment January 29, 2007. Lawyers involved: Jafor Alim Khan, Advocate—For the Petitioner. Not Represented—the Opposite Parties. C..Category: Property Law | Date: | Hits: 27
Fazlul Hoque Patwary (Md) & others Vs. Md. Rezaul Hoque Patwary & others, 2006, 35 CLC (HCD)
....hat PauraÂshava and each of the brothers took possession of the same. Plaintiff has stated that there was no partiÂtion among them by metes and bounds. So he is feeling inconvenience to possess bis land. As such, he instituted Other Class Suit (Partition) No. 1 of 2005 in the Court of the Joint Di......ue Patwary (Md) & others…………………Appellants Vs. Md. Rezaul Hoque Patwary & others …………………….Respondents Judgment July 17, 2006. Cases Referred To- Abul Kalam Engineer and another vs. Nasiruddin Howlader and others 54 DLR 5...... Md. Arayesuddin J.- This Miscellaneous Appeal has been preferred by the defendant against the judgment and order dated 16-2-2005 passed by the learned Joint District Judge, 2nd Court, Lalmonirhat in Other Suit (Partition No.1) of 2005 allowing the petition filed by the plaintiff-respondent t...... Abul Kalam Engineer and another vs. Nasiruddin Howlader and others 54 DLR 515; Ali Ahmed vs. Rezia Begum and others 1986 BLD 326. Lawyers involved: Md. Shamsul Hoque, Advocate — For the Appellants. MA Quayyum Chowdhury, Advocate — For the Respondents. First Misce..Category: Property Law | Date: | Hits: 46
Abul Bashar Sowdagar and others Vs. Bacha Meah & others, 2006, 35 CLC (HCD)
....e at Shailkopa on RS plot Nos. 4109 and 96 corresponding to RS plot No.49. 3. The case of the plaintiffs, in a nutshell, is that they are the inhabitants of Sailakupa Mouza and have cultivable lands at Sailakupa. There are about 336.52 acres of cultivable lands in Sailakupa which is a low-lyi...... Ed. This Case is also Reported in: 59 DLR (2007) 112. ......iverting course of the khal in any way to foil the plaintiffs' scheme at Shailkopa on RS plot Nos. 4109 and 96 corresponding to RS plot No.49. 3. The case of the plaintiffs, in a nutshell, is that they are the inhabitants of Sailakupa Mouza and have cultivable lands at Sailakupa. There are ab......s………………………………………..…….. Opposite-Parties Judgment July 20, 2006. Cases Referred To- Narayanganj Paurashava, represented by its Administrator, Narayanganj; Chairman, Narayanganj Paurashava and others vs. Abdur Razzak 46 DLR 295; Zakia Sult..Category: Property Law | Date: | Hits: 25
Nurjahan Begum Vs. Nur Rahman and Others, 2006, 35 CLC (HCD)
....uit in part. 2. The petitioner as plaintiff filed other Suit No. 30 of 1997 in the Court of the learned Joint District Judge, Court No.1, Rangpur, praying for partition of an area of 4.70 acres of land out of the suit jote. 3. The plaintiff's case, in short, is that suit jote of schedule 'ka'......SM Ziaul Karim J Nurjahan Begum………………....Petitioner Vs. Nur Rahman and others……… Opposite Parties Judgment August 28, 2006. Result: The Rule is discharged. Cases Referred To- Sadek Ali vs Suruj Ali and others 7 DLR 94; Abdul Kader Rari and others vs Kais...... of 1997 in the Court of the learned Joint District Judge, Court No.1, Rangpur, praying for partition of an area of 4.70 acres of land out of the suit jote. 3. The plaintiff's case, in short, is that suit jote of schedule 'ka' originally belonged to Deyanat Ullah who died leaving behind his only......Referred To- Sadek Ali vs Suruj Ali and others 7 DLR 94; Abdul Kader Rari and others vs Kaiser Ahmed Howlader 3 MLR 227 = 4 BLC 17; Parkash Chand vs Hans Raj, AIR 1994 HP 144; Santosh Kumar Chakraborty vs MA Motaleb Hossain 36 DLR (AD) 248; Government of Bangladesh represented by the Additional D..Category: Property Law | Date: | Hits: 49
State Vs. Md. Roushan Mondal @ Hashem , 2006, 35 CLC (HCD)
.... marks of injury on his body. He stated that the accused told him that the police tortured him in order to obtain a confession; that he forbade the police from torturing him; and that the accused had land dispute with said Kamal. He added that at the time of occurrence the accused was a minor. 7.......High Court Division (Criminal Appellate Jurisdiction) Present: Md. Imman Ali J AKM Fazlur Rahman J State................................... Petitioners Vs. Md. Roushan Mondal @ Hashem ……………..Condemned Prisoner Appellant Judgment July 9, 2006. Cases Referred T...... No. 90 of 2004. All the matters, which arise out of the same judgment and order, are taken up together for disposal by this judgment. 2. Facts of the case. The prosecution case, in brief, is that on 15-10Â1999 at about 8-30 PM Mosammat Rikta Khatun, aged about 8 years, daughter of the infor......as, 509 US 350, 359-362 (1993); Sheela Barse vs Secretary, Children's Aid Society and others, 1987 (3) SCC 50; Asiman Begum vs. State, 51 DLR (AD) 18. Lawyers involved: Fahima Nasrin, Deputy Attorney-General with Md. Jamil Akhter Elahi, Assistant Attorney-General—For the State-Petitioner. ..Category: Criminal Law | Date: | Hits: 167
Anhar Ahamed Chowdhury and another Vs. Md. Shamsuzzaman and others, 2006, 35 CLC (HCD)
....ived the full payment for the said apartment but with no effect; that subsequently, the plaintiff came to learn that defendant No. 1 was trying to mortgage the entire apartment building including the land to the IFIC Bank at Gulshan Branch for loan; that on being confirmed about the sanction of loan......an Miah J SM Ziaul Karim J Anhar Ahamed Chowdhury and another..........Appellants Vs. Md. Shamsuzzaman and others………….…………….Respondents Judgment July 19, 2006. Cases Referred To- Ali Mahammad Khan (represented by his heirs) vs. Riazuddin Khera PLD 1981 Karac......e judgment and decree dated 20-11-2002 passed by the learned Joint District Judge, First Court, Dhaka, in Title Suit No. 232 of 1999, decreeing the suit. 2. Short facts leading to this appeal are, that on 12-1-1999 the respondent No. 1 as plaintiff instituted Title Suit No. 232 of 1999 in the Firs......Das vs. The New Mofussil Co Ltd. and others AIR 1946 Privy Council 97; Rezaur Rahman and others vs. Ahmed Hossain Khan 1986 BLD 14. Lawyers involved: Amir Hossain with Shueb Ahmed, Advocates—For the Appellants. MA Malek, Senior Advocate with SM Shahjahan, Moinuddin and Md. Ariful Islam, A..Category: Business or Commercial Law | Date: | Hits: 208
AKM Abdul Latif Vs. Banani Metal Limited and others, 1998, 27 CLC (HCD)
....pondent No. 2 that to clear up the principal dues of the petitioner the respondent No. 2 along with business partner Mr. Shahjahan Chowdhury gave the petitioner a power of attorney to sell a piece of land situated at Iswardi which the petitioner on the strength of the said power of attorney sold at ......udgment August 17, 1998. Lawyers Involved: Dr Kazi Akhtar Hamid with Rafiqul Islam Mehedi, Advocates—For the Petitioner. Shamsul Huda, Advocate—For the Respondent No. 2. Abdur Rashid, Advocate—For the Respondent No. 4. Matter No. 12 of 1995. Judgment Md. Fazlul Haq......ed, a Private Limited Company having its registered Office at 60/1, Purana Paltan, 1st Floor, Dhaka under sections 162 and 163 of the Companies Act, 1913. 2. The petitioner’s case, in short, is that, he had executed an agreement on 26-10-89 and subsequently, another agreement was also executed ......oner Vs. Banani Metal Limited and others…………………Respondents Judgment August 17, 1998. Lawyers Involved: Dr Kazi Akhtar Hamid with Rafiqul Islam Mehedi, Advocates—For the Petitioner. Shamsul Huda, Advocate—For the Respondent No. 2. Abdur Rashid, Advocateâ€..Category: Company Law | Date: | Hits: 239
Afzal Khan (Md) Vs. Md. Azmal Khan and others, 2006, 35 CLC (HCD)
....ed No. 160 dated 23-12-Â1958. It is contended that on the basis of partition deed No. 160 dated 23-12-1958, the plaintiff got 1(c) schedule property in his saham, defendant Ibrahim got 4(B) schedule land, defendant Afzal Khan got 5(B) schedule land and defendant Azmal Khan got 3(B) schedule land as......ul Islam J Sheikh Abdul Awal J Afzal Khan (Md)..............................Petitioner Vs. Md. Azmal Khan and others………………Opposite Parties Judgment February 7, 2006 Cases Referred to- Kazi Abdul Khaleque vs. Kazi Fazlur Rahman 34 DLR 278; Badhu and others vs. Ghu......resent defendant-petitioner (hereinafter called petitioner) for expunging the deposition of opposite party No. 1 as outside of his original written statement. 2. The relevant facts, in short, are that the opposite party No. 3 (hereinafter called the plaintiff) as plaintiffs instituted partition s......278; Badhu and others vs. Ghulam Shah 15 DLR 315; PLD 1982 (Kar) 111; AIR 1961 Bom 136; AIR 1953 Cal 15; Abdur Rahman vs. Sajjadur Rahman 51 DLR 420; Abul Kalam Azad vs Sunhar Ali 46 DLR (AD) 130; Major (Retd) M Afsaruddin vs Kamal Rahman 41 DLR 190; Kirtish Chandra Dev vs. Begum Sufia Akhtar 1992 B..Category: Property Law | Date: | Hits: 42
Shaheen (Md) and ors. Vs. State, 2006, 35 CLC (HCD)
....ation made above. Send down the lower Court's records at once with a copy of the judgment for information and for taking necessary action. Ed. This Case is also Reported in: 59 DLR (2007) 23. ......n) Present: AKM Fazlur Rahman J SM Ziaul Karim J Shaheen (Md) and ors........... Appellants Vs. State................................. Respondent Judgment April 26, 2006. Cases Referred To- Asadur Rahman vs. State, 1995 BLD 290, Nawabul Alam and others vs. State, 1995 ...... of Taka 1,00,000. 2. All these appeals having arisen out of a common judgment, these have been heard together and are being disposed of by this judgment. 3. The prosecution case, in brief, is that on the night following 22-3-2003 victim Nasima (PW 2) daughter of informant (PW 1) and her cousi......Case is also Reported in: 59 DLR (2007) 23. ..Category: Criminal Law | Date: | Hits: 33
Jugal Kumar Das (Shovon Ahmed) Vs. State, 2004, 33 CLC (HCD)
.... of such improper Judgment. Let a copy of this judgment along with the LC records be sent to the concerned Court immediately. Ed. This Case is also Reported in: 59 DLR (2007) 11. ......erned Court immediately. Ed. This Case is also Reported in: 59 DLR (2007) 11. ......rteen) years and to pay a fine of Taka 5000 in default to suffer rigorous imprisonment for a period of 6(six) months. 2. The background of the prosecution case, in accordance with the FIR, is that one Md. Jane Alam at the first instance made GD Entry with the Boalia Thana on 7-1-1995 to the e......ellant Vs. State......................…………………………….….Respondent Judgment October 30, 2004 Lawyers involved: Shareef Ahmad, Advocate—For the Appellant. SM Aminur Rahim Chandan, Assistant Attorney-General—For the State. ..Category: Criminal Law | Date: | Hits: 40
Abul Kashem Vs. State, 2005, 34 CLC (HCD)
....o. 1245 of 1996 stating, inter alia, that getting information on 15-7-1999 through newspaper namely, 'Ittefaq", that Housing Project namely, Urban Housing and Technical Development Company would sell land of its project adjacent to Rayer Bazar within berry bandh which was approved by Dhaka Improveme...... This Case is also Reported in: 59 DLR (2007) 1. ......entencing him to suffer simple imprisonment for 1(one) year and to pay a fine of Taka 10,000 in default to suffer simple imprisonment for 6(six) months more. 2. Prosecution case, in short, is that the complainant Md. Shajahan Siddiqi filed a petition case being No. 1245 of 1996 stating, inter......er Vs. State…………………………………………………..Opposite Party Judgment August 31, 2005. Lawyers involved: Maqbul Ahmed, Advocate — For the Petitioner. Shamim Ara Dora, Assistant Attorney-General with Shirin Afroz, Assistant A..Category: Criminal Law | Date: | Hits: 41
Momin Malitha & ors. Vs. State, 1988, 17 CLC (HCD)
....1.75 corresponding to the 11th Agrahayan, 1382 B.S. at about 2-30 P.M. Momin Malitha and his son Badaruddin were demolishing the fencing of the victim Abdul Karim Munshi which admittedly stood on the land of the said Momin Malitha. When protested, accused Momin Malitha, Sadaruddin, Shamser, Suja, Mo......stated above. Let the records be sent down expeditiously. Ed. This Case is also Reported in: 41 DLR (1989) 37.......ransportation for life and Appellant No. 2 Babu @ Badaruddin Malitha under section 323 of the Penal Code and sentencing him to suffer R.I. for one year. 3. Briefly stated the prosecution case was that on 28.11.75 corresponding to the 11th Agrahayan, 1382 B.S. at about 2-30 P.M. Momin Malitha and ...... Ed. This Case is also Reported in: 41 DLR (1989) 37...Category: Criminal Law | Date: | Hits: 52
Ishaque Hossain Chowdhury Vs. Mrs. Shamsun Nessa Begum & ors., 1988, 17 CLC (HCD)
....of the property and delivered possession on that day. Girish Chandra Mondal is the brother of Rup Chand Mondal. Thereafter, Girish having been 16 annas owner of the suit property transferred the suit land by a registered deed dated 26-11-70 to the plainÂtiff Shamsun Nessa Begum and delivered posses......ul Hoque Chowdhury J Ishaque Hossain Chowdhury...........................Petitioner Vs. Mrs. Shamsun Nessa Begum & ors.................Opposite Party Judgment November 28, 1988 Case Referred to- Amal Kumar Moitra Vs. Mashiur Rahman, 30 DLR (SC) 244. Lawyers Involved: A......e, 6th Court, Dhaka, rejecting the prayer of the petitioner to add him as a defendant in Title Suit No. 183 of 1986, which is still pendÂing in the court. 2. Facts leading to this, in short, are that oppoÂsite party Mst. Shamsun Nessa Begum as the plainÂtiff instituted a suit being Title Suit ......22...Category: Property Law | Date: | Hits: 39
State Vs. Badshah Mollah, 1988, 17 CLC (HCD)
.... trend of Cross-Examination of the P.Ws. and the suggestions put forward to them is that the informant and deÂceased Babu Mollah had enmity with accused Badsha Mollah over a dispute relating to some landed propÂerty and that there were village-factions and also disÂpute over the Kaisher beel and ......ty forthwith if not wanted in connection with any other case. Ed. This Case is also Reported in: 41 DLR (1989) 11....... the senÂtence of death of the condemned-prisoner Badsha Mollah passed on him on 25.4.87 in Session Case No. 73 of 1984 under section 302 of the Penal Code. 2. The prosecution case, in brief, is that on 26.11.84 at about 8 p.m. the victim Babu Mollah went to Baishar beel to catch fish by setting...... 1985 BLD (AD) 301, 1985 BLD (HCD) 129, AIR 1952 (SC) 343, AIR 1976 (SC) 917, 1979 (SC) 190, AIR 1984 (SC) 1622, AIR 1976 (SC) 557, AIR 1953 (SC) 468. Lawyers Involved: Sultan Ahmed, Deputy Attorney-General with Sajjad Ali Chowdhury, Advocate — For the State. Md. Shahjahan, Advocate — ..Category: Criminal Law | Date: | Hits: 42
Shamsul Alam and others Vs. A.F.R. Hassan and others, 1985, 14 CLC (HCD)
....ions which postulate the existence of a fiduciary relationship between the complainant and the accused. The above exposition of the concept of 'entrustment' does not cover or include a transaction of land or money with or without condition. The reason seems to be fairly simple. In a transaction of l...... Dhaka Bench (Criminal) Present: ATM Afzal J Abdul Bari Sarker J 1. Shamsul Alam, 2. Anowarul Aziz, 3. Mrs. Mahabuba Hossian...................Petitioners. Vs. 1. A.F.R. Hassan, 2. The State 3. Kaswa Shipping Lines Ltd. 4. Shamsul Alam, 5. Anowarul Aziz, 6. Mrs. Mahuba H...... the petition of complaint in its entirety, for the decision in these Rules will depend upon the examinations of the allegations made in the petition of complaint. It reads thus: “SHEWETH: 1.That by the P.O.No.128 of 1972 the BSRS (hereinafter called the Sangstha) was established to provide ......in, 7. Bangladesh Ship Building Industries Ltd…………….Opposite- Parties. Judgment July 3, 1985. Lawyers Involved: Khan Saifur Rahman, Advocate with M. Khalilur Rahman, Advocate - For Petitioners (In Criminal Revision 232 of 1984.) K.S. Nabi, Advocate- For opposite party No. 1...Category: Criminal Law | Date: | Hits: 67
Ala Meah, being dead his heirs are Syed Ali & ors. Vs. Ali Ahmed, 1986, 15 CLC (HCD)
....he present appellants. Their case, inter alia, is that they are the owners of the property described in the schedule to the plaint which consists of their homestead and a tank measuring 32.25 acre of land. On 12th August, 1948 in order to avoid creditors they executed kabala purporting to transfer t......e herein above. In the circumstances I make no order as to costs. Ed. This Case is also Reported in: 40 DLR (1988) 26......., 2nd Court, Chittagong in other Appeal No. 175 of 1966 reversing those dated 31.3.66 passed by the learned Munsif, North Raozan in Other Suit No. 150 of 1962. 2. The suit was one for declaration that the kabala dated 12th August, 1948 standing in favour of defendant No. 1 was a benami document a...... This Case is also Reported in: 40 DLR (1988) 26...Category: Property Law | Date: | Hits: 29
Abdul Khalek Khan Vs. Government of Bangladesh, 1986, 15 CLC (HCD)
....ated 21.1.64 passed by the learned subordinate judge, 1st Court, Barisal in Title Suit No.7 of 1963. 2. The plaintiff appellant instituted the aforesaid suit for declaration of title in 5 acres of land described in schedule "A" to the plaint and also for a declaration that the order dated 3.10.19......or the appellant. Fakhrul Islam, Assistant Attorney General - For the Respondent. Second Appeal No. 855 of 1966 Appeal preferred against the Judgement and decree dated 18.2.1965 and 27.2.65 passed by Additional District Judge 3rd Court Barisal in Title Appeal No.89 of 1964 reversing the jud......in Title Suit No.7 of 1963. 2. The plaintiff appellant instituted the aforesaid suit for declaration of title in 5 acres of land described in schedule "A" to the plaint and also for a declaration that the order dated 3.10.1961 of the Board of Revenue cancelling the settlement of the said land was...................Appellant Vs. Government of Bangladesh .................................................Respondent Judgement April 10, 1986. Lawyers Involved: Abdus Sattar Howlader - For the appellant. Fakhrul Islam, Assistant Attorney General - For the Respondent. Second Appea..Category: Property Law | Date: | Hits: 36
Bashir Ahmed and others Vs. Ayub Ali Mollah, 1998, 27 CLC (HCD)
....y in view of Clause-H in the agreement and that the defendant offered rent of December, 1992 in favour of the plaintiff but the rent was not accepted nor the rent of January, 1993 was accepted by the landlord and the rent being sent to the landlord by money order the defendant filed House Rent Case ......record at once. Ed. This case is also Reported in: 52 DLR (HCD) (2000) 55. ......ka in SCC Suit No. 03 of 1994 dismissing the suit. 2. Petitioner as plaintiff instituted the suit in question for ejectment of the defendant-opposite party, a monthly tenant, stating, inter alia, that the suit property originally belonged to Fulesa Khatun who transferred the suit premises by a de......€¦â€¦â€¦â€¦Opposite Party Judgment February 25, 1998. Case Referred To- Ramijan Ali Ministry Vs. Md. Hedayetullah 31 DLR (AD) 183. Lawyers Involved: Md. Fazlul Karim, Advocate—For the Petitioners. M Rezaul Karim, Advocate—For the Opposite Party. Civil Revision No. 434 ..Category: Tenancy Law | Date: | Hits: 148
BLAST Vs. Government of the People’s Republic of Bangladesh and others, 2007, 36 CLC (HCD)
....s, maid servants and petty private service holders respectively who are living in Gudaraghat Basti (briefly as Basti). The Basti is situated in CS and SA Plot Nos. 776 measuring an area 1.15 acres of land and 777 measuring an area 0.50 acres of land, total area 1.65 acres of land, under Joarshahara ...... Legal Aid and Services Trust and others…….…….Petitioners Vs. Government of the People’s Republic of Bangladesh and others………..Respondents Judgment November 15, 2007. Cases Referred to- State of Maharashtra Vs. Alka B Hingde, AIR 1998 SC 2342; Shiv Sagar Tiwari Vs......., calling upon the respondents to show cause as to why threatening for eviction of the petitioner Nos. 2-5 and thousand other slum dwellers from their peaceful possession of their homestead at Gudaraghat/Bhashantek Basti, CS Plot Nos. 776 & 777 Mouza Joarshahara, JL No. 271, Khatian No. 127, West Bh......ents Judgment November 15, 2007. Cases Referred to- State of Maharashtra Vs. Alka B Hingde, AIR 1998 SC 2342; Shiv Sagar Tiwari Vs. Union of India, (1997) 1 SCC 444; Ahmedabad Municipal Corporation Vs. Nawab Khan Gulab Khan, (1997) 11 SCC 121; JP Ravidas Vs. Navyuvak Haijan Uthapan Mult..Category: Constitutional Law | Date: | Hits: 171
State Vs. Chief Editor, Manabjamin and others, 2002, 31 CLC (HCD)_Part Two
....damental rights even then the judiciary upheld its independence by ensuring that a judge of the superior court cannot be appointed without consultation with the Chief Justice. So is the case in England, mother of common law. In United Kingdom, the Lord Chancellor, who is a cabinet member, ranks ...... Part One 150. Condemners No. 2 Mrs. Mahbuba Chowdhury is, no doubt, a young lady. But unlike others she is a highly educated lady who is a journalist by profession. Not only that she is a newscaster of BTV. She is an accomplished lady. She attended the General Session of the United Nations ...... 359. Part One ......tion. She along with her husband owns and manages the paper in question. What she did, she did independently of her husband as printer and publisher of 'Manabjamin'. It is now well settled that Editor, Printer and Publisher of a newspaper must accept the fullest responsibility for everything that..Category: Criminal Law | Date: | Hits: 130
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