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Al-haj Mirza Shamsuddin Beg and others Vs. Bangladesh & another, 1989, 18 CLC (HCD)
....ere carrying on business by setting up shops illegally without any valid permission. The Division Bench held that the question of encroachment arises only in circumstances when someone is in lawful possession of a particular premises but makes an unlawful extension thereof on municipal property. I......gment. 2. Nawab Yusuf Road, French Road, English Road and Dolaikhal area were recorded in the C.S. Khatian in the name of the then Dhaka Municipality on behalf of the Emperor of India as rent-free land (Nishkar) under Khatian No.16884. At that time the whole area was a vast tract of marshy land. ......isi are made absolute with costs against the respondent No.2. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 356.......69 of 1985 Writ Petition No. 470 of 1985 Writ Petition Nos. 472-484 of 1985 Writ Petition Nos. 529-533 of 1985. Judgment Mustafa Kamal J.- These 40 Rules Nisi, arising out of common questions of fact and law, were heard together and will be disposed of by this common judgment. ..Category: Property Law | Date: | Hits: 145
Abdul Khaleque and others Vs. State, 1988, 17 CLC (HCD)
....et the appellant Nos.1 and 2 be set at liberty if not wanted in any other case and the appellant No.3 be discharged from her bail bond. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 349.......et the appellant Nos.1 and 2 be set at liberty if not wanted in any other case and the appellant No.3 be discharged from her bail bond. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 349.......ny other case and the appellant No.3 be discharged from her bail bond. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 349.......ib prayer on 18.4.82 in the house of her father-in-law appellant No.2 Mohubullah, who is also the father of the appellant No.1 Abdul Khalek and husband of appellant No.3 Sabjan Bibi. 11. Now the question before us is whether the appellants No.1 and 2 in prosecution and in furtherance of commo..Category: Criminal Law | Date: | Hits: 101
.... in the year 1953 BS (1947 AD). The SA record was prepared in the name of Ram Chandra Paul. By an agreement dated 5.5.69 this Ram Chandra Paul sold his property to the present plaintiff and delivered possession of the suit property to the plaintiff on receipt of an earnest money amounting to Taka 50......nd the Judgment and decree passed by the trial Court are hereby affirmed.
Send down the LC records immediately to the trial Court.
Ed.
This Case is also Reported in: 48 DLR (HCD) (1996) 193.
......pondents
Judgment
July 22, 1993.
Result:
The appeal is dismissed.
Lawyers Involved:
Md. Moksudur Rahman, Advocate ‑ For the Defendant-Appellant.
SS Halder, Advocate ‑ For Plaintiff‑Respondent.
Appeal from Original Decree No.26 of 1986.
Judgment
Mozammel Hoque J.-......dia, this property was treated as vested and non-resident property in VP Case No.11 of 1979.
10. Mr. Moksudur Rahman, the learned advocate appearing for the appellant, submits that the property in question is a vested and non‑resident property and it is vested in the Government by the omnibus n..
Category: Property Law | Date: | Hits: 134
Mathura Mohan Pandit Vs. Hazera Khatun, 1994, 23 CLC (HCD)
.... but when he had no jurisdiction the question of exercise of Jurisdiction does not arise. In the result the Rule is made absolute. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 190. ...... but when he had no jurisdiction the question of exercise of Jurisdiction does not arise. In the result the Rule is made absolute. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 190. ...... Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 190. ...... party on the ground that the execution case having been satisfied the said execution case was not in existence and this Rule shall fail. 5. Before going into the merit of the Rule the important question of law which is raised is to be answer first. The question is, whether the order sought to ..Category: Civil Law | Date: | Hits: 157
State Vs. Khalilur Rahman, 1995, 24 CLC (HCD)
....nced him to suffer RI for the period already undergone. He may be released forthwith if not wanted in connection with any other case. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 184. ......nced him to suffer RI for the period already undergone. He may be released forthwith if not wanted in connection with any other case. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 184. ......ndergone. He may be released forthwith if not wanted in connection with any other case. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 184. ......is why deadly weapons might have been brought in order to teach a good lesson to death Sikim Ali. However Sikim Ali has been done to death by accused Khalilur Rahman who dealt the fatal blow. Now the question cropped up for our consideration that whether the offence committed by accused Khalilur Rah..Category: Criminal Law | Date: | Hits: 139
Shahadat Chowdhury Vs. Md. Ataur Rahman, 1996, 25 CLC (HCD)
....No.204/1/a/91 pending in the Court of Chief Metropolitan Magistrate, Dhaka, is quashed. Communicate the order to the Court below. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 176. ......No.204/1/a/91 pending in the Court of Chief Metropolitan Magistrate, Dhaka, is quashed. Communicate the order to the Court below. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 176. ......tropolitan Magistrate, Dhaka, is quashed. Communicate the order to the Court below. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 176. ...... of truth concerning any person made in public good is not defamation. Third exception to that section is that expressing an opinion in good faith respecting conduct of any person touching any public question and respecting his character so far as his character appears in that conduct and no further..Category: Criminal Law | Date: | Hits: 125
Muslim Halder (Md.) Vs. Hajrat Ali Halder & others, 1995, 24 CLC (HCD)
....nted earlier by the Court on 19.9.1985 is hereby vacated. No order as to costs. Send down the records to the Courts below at once. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 175. ...... be called the Act.) 2. Opposite parties 1 and 2 brought the case for pre‑emption within the statutory period of limitation on the ground that they are co‑sharers in the case holding. The case land was transferred by the opposite party 3 to stranger opposite party 1 on 13.7.79 without serving......er (Md.)..............Petitioner Vs. Hajrat Ali Halder & others...............Respondents Judgment June 15, 1995. Result: The Rule is discharged. Cases Referred to- Aseruddin Sk Vs. Serqiuddin Talukder, 30 DLR 75; Tayeb Ali and another Vs. Abdul Mutlib in Civil Appeal No.......hat the case was filed in time and that the preemptors were co‑shayers and there was no defect of parties and also they have allowed pre-emption finding that the case land although described in the question deed as bhiti and homestead it is part of agricultural holding. 3. In the present revisi..Category: Property Law | Date: | Hits: 106
Israil (Md.) Hossain Vs. Shah Iqbal Ahsan and others, 1995, 24 CLC (HCD)
....iable to be discharged. Accordingly, the Rule is discharged without any order as to costs. The stay order granted earlier is vacated. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 173. ......iable to be discharged. Accordingly, the Rule is discharged without any order as to costs. The stay order granted earlier is vacated. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 173. ......ed. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 173. ......sion shall not abate but in that case facts were different. An application for substitution of the heirs of the deceased petitioner was made but since it was beyond time i.e. after expiry of 90 days, question raised was whether the revision abated in the meantime because of non‑substitution of the..Category: Procedural Law | Date: | Hits: 125
Hafiz Ahmed Vs. Ahmedur Rahman and others, 1995, 24 CLC (HCD)
....llowing the pre‑emption are set aside. The pre‑emption case is dismissed. No order as to costs. Send down the records at once. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 170. ...... failed to resist pre‑emption in both the Courts below under section 96 of the State Acquisition & Tenancy Act (which shall hereinafter be called the Act). 2. Nazamat Ali gifted the disputed land including his homestead measuring 0.70 acres to his daughter‑in‑law (son's wife) the opposi...........Petitioner Vs. Ahmedur Rahman and others.................Opposite party Judgment March 20, 1995. Result: The Rule is made absolute. Cases Referred to- Shamsuzzoha Nurul Amin Vs. Province of East Pakistan, 22 DLR 377; Md. Newjish Khan Vs. Md. Amin, 21 PLD 622; Md. Amin Kh...... contending, inter alia, that he himself became a co‑sharer in the case holding after opposite party 1 had gifted the case land to him before filing of the pre‑emption cases, that the transfer in question being a gift in lieu of love and affection and for good services rendered by the son's wife..Category: Property Law | Date: | Hits: 127
....olved in all the writ petitions, these are heard together and being disposed by same judgment which will govern all the writ petitions.
Ed.
This Case is also Reported in: 51 DLR (1999) (HCD) 376.......olved in all the writ petitions, these are heard together and being disposed by same judgment which will govern all the writ petitions.
Ed.
This Case is also Reported in: 51 DLR (1999) (HCD) 376.......her and being disposed by same judgment which will govern all the writ petitions.
Ed.
This Case is also Reported in: 51 DLR (1999) (HCD) 376.......ination, on the face of it, does not entail any stigma or does not refer to any allegations, the termination is simpliciter.” It was further held that termination simpliciter not being a punishment question of giving notice or pre-hearing does not arise. In the decision reported in 43 DLR (AD) 154..
Category: Employment/Service Law | Date: | Hits: 160
Shahjahan (Md.) Vs. State, 1999, 28 CLC (HCD)
.... into life imprisonment. The sentence of life imprisonment will start from the date when the accused will be apprehended or surrenders. Ed. This Case is also Reported in: 51 DLR (1999) (HCD) 373.......ounsel for the condemned prisoner also cites another decision which is in the case of Shihabuddin Vs. State reported in PLD 1964 (SC) 177 = 16 DLR (SC) 269. In that case the murder was committed over land dispute and the Supreme Court altered the sentence of death into sentence of imprisonment for l......imprisonment will start from the date when the accused will be apprehended or surrenders. Ed. This Case is also Reported in: 51 DLR (1999) (HCD) 373....... into life imprisonment. The sentence of life imprisonment will start from the date when the accused will be apprehended or surrenders. Ed. This Case is also Reported in: 51 DLR (1999) (HCD) 373...Category: Criminal Law | Date: | Hits: 130
Nazrul Islam and others Vs. State, 1999, 28 CLC (HCD)
....is directed to proceed with the case in accordance with law and dispose of the same expeditiously. Send down the LC records at once. Ed. This Case is also Reported in: 51 DLR (1999) (HCD) 368....... the remaining Taka 54,241.00 was misappropriated by the accused persons in collusion with one another. The project Chairman claimed that no amount was misappropriated and he purchased 23 decimals of land at Taka 40,000.00 for construction of a Tahshil Office in the concerned Union but, in fact, no ......ance with law and dispose of the same expeditiously. Send down the LC records at once. Ed. This Case is also Reported in: 51 DLR (1999) (HCD) 368.......ng to him, further amendment of sub-section (5) of section 167 by Act XLII of 1992 shall not affect the provisions of section 5A of the Criminal Law Amendment Act, 1958. 4. To give decision on the question raised by Mr. Amirul Islam, it is necessary to reproduce the relevant provisions of the law..Category: Criminal Law | Date: | Hits: 108
Bangladesh General Insurance Co. Ltd. Vs. Chalna Marine Products Co. Ltd., 1999, 28 CLC (HCD)
....sult, the FA No.129 of 1995 is dismissed without any order as to costs. Send down the lower Court records of both the suits at once. Ed. This Case is also Reported in: 51 DLR (1999) (HCD) 357.......shing of a fire or subsequent demolition, aircraft or other aerial devices or articles dropped therefrom, thefts or attempts thereat, collapse of buildings, flood, inundation, earthquake, subsidence, landslide, avalanche, hurricane, cyclone/volcanic eruption or other natural catastrophes. In any act......urt records of both the suits at once. Ed. This Case is also Reported in: 51 DLR (1999) (HCD) 357....... his case. 13. Success of plaintiff’s case rests on this material point as to whether the public power supply was disrupted on 28-11-88 at 8-35 AM as he claimed. To determine this only and vital question, we need to ascertain as to when the public power supply failed and what was its probable/p..Category: Business or Commercial Law | Date: | Hits: 522
Nurul Abser Chowdhury Vs. Jesmin Akther, 1999, 28 CLC (HCD)
.... Rule and subsequently extended from time to time lastly on 16-11-98 stand vacated. Lower Court’s record be sent down immediately. Ed. This Case is also Reported in: 51 DLR (1999) (HCD) 352....... Rule and subsequently extended from time to time lastly on 16-11-98 stand vacated. Lower Court’s record be sent down immediately. Ed. This Case is also Reported in: 51 DLR (1999) (HCD) 352.......) 352.......o.1589 of 1998. Judgment AK Badrul Huq J.- By this application under section 115 of the Code of Civil Procedure, the propriety of the concurrent decision of the Courts below have been called in question whereupon Rule was issued calling upon the Opposite Party No.1 to show cause as to why the ..Category: Family Law | Date: | Hits: 211
Ayat Steels Limited Vs. Mohammad Ali, 2011, 40 CLC (HCD)
....ing executants appeared before the Sub-registrar office and got his part registered. Meanwhile, on December 3 and 4, 2009 some officers of Islami Bank Bangladesh Ltd. threatened the appellant of dispossession, consequently on December 6 Ayat Steels Limited lodged an application under section 44 of......n the said Execution Case No.340 of 2005 the property was sold to Mr. Mohammad Ali son of Badiur Rahman of Chittagong Commercial Area i.e. respondent No.1 herein (the suit property along with other land) vide order No.37 dated 17-4-2008 at a price of Taka 4,05,000,00 and the said sale was confirme......9); M Subramanian Vs. MLBM Lutchman, AIR 1923 PC 50 (53); Eagle Star Insurance Co Ltd. Vs. Usman Sons Ltd., PLD 1969 Karachi 123 (125, 126, 135, 136 para 13 and page 140 para 18); Al-Baraka Bank Vs. Rina Alam, 56 DLR 588; Dacca Match Factory Vs. Bangladesh Match Factory Co., 30 DLR 244; Nasir Mia Vs......nce in the case of Al-Baraka Bank Vs. Rina Alam reported in 56 DLR 588. 16. Secondly, the plea of res judicata in the facts and circumstances of the case is not available at this stage inasmuch as question of maintainability of the suit cannot be gone into at the time of deciding an interlocuto..Category: Civil Law | Date: | Hits: 235
State Vs. Manik Bala, 1988, 17 CLC (HCD)
....s acquitted of the charge. Let the condemned prisoner be set at liberty forthwith if not wanted in connection with any other case. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 435.......hat Kanchan, Shahjahan, Barek and accused Serajul Hoque were his cousin brothers living in the same house with him. He stated that while he was suffering from insanity his cousin took 3-1/4 kani of land from him by registered deed without proper payment of consideration money. He further stated ...... liberty forthwith if not wanted in connection with any other case. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 435....... of the positive evidence of P.W.2 himself that at the time of marriage of his daughter with accused Manik the accused transferred 40 decimals of land in favour of Alo Tara. As such there could be no question of any payment of money by the father of Alo Tara to the accused Manik. Although the prosec..Category: Criminal Law | Date: | Hits: 142
Sona Mia Vs. Md. Zakaria & others, 1988, 17 CLC (HCD)
.... is quashed. But this will not debar the competent Court to make any complaint in accordance with law if it is thought to be necessary. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 433....... is quashed. But this will not debar the competent Court to make any complaint in accordance with law if it is thought to be necessary. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 433....... any complaint in accordance with law if it is thought to be necessary. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 433.......edure will apply to offences under sections 467 and 468 of the Penal Code as these are both offences described in section 463 of the said Code". 4. In the present case admittedly the bainapatra in question was given in evidence in the aforesaid Title Suit in the Court of the Subordinate Judge. ..Category: Criminal Law | Date: | Hits: 107
Abul Hashem Khan & others Vs. Md. Shamsuddin Khan & others, 1989, 18 CLC (HCD)
....d thus an interested witness and as such his evidence can hardly be relied upon. 27. P.W.8 Ashraf Ali Khan, owner of the printing press named Tip Top Press at 29/29A Patuatuly; Dhaka purchased the possession, of the press premises on 21.11.74 from defendant Nos.1 and 2. He said about 15 days befo......f Tk.45,000/-the plaintiffs were requesting the defendant No.1 to dissolve and reconstitute the partnership so that the plaintiffs could sell out their one storied building on 11 Kathas 8 Chhataks of land in Gulshan model town, Dhaka to make payment of the balance consideration of Tk.7,55,0007-as ......ch) (Civil Appellate Jurisdiction) Present: Latifur Rahman J Nurul Huque Bhuiyan J Abul Hashem Khan & others.......................................Appellants Vs. Md. Shamsuddin Khan & others...................................Respondents Judgment May 2, 1989. Re...... the alleged oral contract in the middle of June, 1973 which means that the defendant No.1 as a partner of the partnership firm dealt with the property of the firm as his own. In AIR 1966 SC 1300 the question was whether one partner could deal with portion of the property of the partnership firm as ..Category: Business or Commercial Law | Date: | Hits: 349
Khan Md. Ruhul Amin Vs. Chairman, Labour Court, Khulna and others, 1990, 19 CLC (HCD)
.... case be taken as a bar in that regard. With the above observations this Rule is discharged without, however, any order as to costs. Ed. This Case is also Reported in: 51 DLR (1999) (HCD) 347....... case be taken as a bar in that regard. With the above observations this Rule is discharged without, however, any order as to costs. Ed. This Case is also Reported in: 51 DLR (1999) (HCD) 347.......ove observations this Rule is discharged without, however, any order as to costs. Ed. This Case is also Reported in: 51 DLR (1999) (HCD) 347.......ions of service will be guided by the provisions contained in the Board of Intermediate and Secondary Education Ordinance, 1961 and the rules and regulations framed thereunder.” 11. Although the question, what has been mooted in the present case, was not the direct issue in the above noted case..Category: Labour and Industrial Law | Date: | Hits: 184
Khalilur Rahman (Md.) alias Ismail Vs. State, 1999, 28 CLC (HCD)
....on DMP, Dhaka alleging, inter alia, that on getting secret information Mr. Md. Nasiruddin Paik, Inspector CID Police Dhaka Zone, arrested one Mainul Hasan and recovered one touchstone statue from his possession weighing about three and a half kilograms. On obtaining information from the said Mainul ......ted earlier by this Court is hereby vacated. Send down the lower Court records. Let the petitioner be discharged from his bail bonds. Ed. This Case is also Reported in: 51 DLR (1999) (HCD) 344. ......end down the lower Court records. Let the petitioner be discharged from his bail bonds. Ed. This Case is also Reported in: 51 DLR (1999) (HCD) 344. ......ted earlier by this Court is hereby vacated. Send down the lower Court records. Let the petitioner be discharged from his bail bonds. Ed. This Case is also Reported in: 51 DLR (1999) (HCD) 344. ..Category: Others | Date: | Hits: 159
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