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Most. Begum Rofika Vs. Mohammad Ali Sheikh others, 2009, 38 CLC (AD)

....ging those of dated 5.2.2004 of the learned Joint District Judge, 2nd Court, Gaibandha in Miscellaneous Appeal No.65 of 2001 allowing the appeal upon reversing those of dated 20.11.2001 of the Senior Assistant Judge, Gobaindgonj passed in Miscellaneous Case No.46 of 2000 disal­lowing pre-emption. ...... non consideration of evi­dence or that the judgment of the High Court Division is materially perverse. The petition is dismissed. Ed. This Case is also Reported in: VIII ADC (2011) 502. ...... non consideration of evi­dence or that the judgment of the High Court Division is materially perverse. The petition is dismissed. Ed. This Case is also Reported in: VIII ADC (2011) 502. ..

Category: Property Law | Date: | Hits: 64

Matiur Rahman and others Vs. Md. Nowab Ali and others, 2011, 40 CLC (AD)

.....05.2004 passed by the Joint District Judge, Additional Court, Rajshahi allowing the Title Appeal No. 226 of 2002 thereby setting the judgment and decree dated 26.08.2002 passed by the learned Senior Assistant Judge, Pabna dis­missing the Title Suit No.105 of 1977 praying for permanent injunction. ......possession in the suit land. In the premises we do not find any merit in the leave petition. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: VIII ADC (2011) 468.......possession in the suit land. In the premises we do not find any merit in the leave petition. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: VIII ADC (2011) 468...

Category: Procedural Law | Date: | Hits: 57

Md. Kabir Hossain and others Vs. Abdur Razzak Mallik and others, 2010, 39 CLC (AD)

.... predecessor-in-interest of the petitioner Nos. 1(a) to 5(d), Ahmed Ali Talukder, Abdul Aziz Talukder and Adam Ali Talukder (the plaintiffs) instituted Title Suit No.77 of 1987 in the Court of Senior Assistant Judge, Jhalakati for declaration of title in respect of 1.38 acres out of 5.14 acres of la......ivision on the point of limita­tion. In view of the above, we find no merit in this petition. The petition is accordingly dismissed. Ed. This Case is also Reported in: VIII ADC (2011) 486. ......ivision on the point of limita­tion. In view of the above, we find no merit in this petition. The petition is accordingly dismissed. Ed. This Case is also Reported in: VIII ADC (2011) 486. ..

Category: Property Law | Date: | Hits: 62

Tuglak Khan Vs. Md. Sultan Nasiruddin, 1991, 20 CLC (HCD)

....rected against the judgment and decree passed by the Subordinate Judge, 4th Court Dhaka on 6.8.1990 in Title Appeal No.319 of 1989 whereby he affirmed the judgment and decree passed by the 1st Senior Assistant Judge, Dhaka on 5.11.89, in Title Suit No.98 of 1984. 2. The suit before the learned As......ces of the case, the parties are directed to bear their respective costs. The stay order granted by this Court earlier is vacated. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 615. ......ces of the case, the parties are directed to bear their respective costs. The stay order granted by this Court earlier is vacated. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 615. ..

Category: Property Law | Date: | Hits: 87

Abdur Razzaque Vs. Bangladesh Agricultural Deve­lopment Corporation and others, 1991, 20 CLC (HCD)

.... that the petitioner be reinstated in his service at once. In the result, the Rule is made absolute without any order as to costs. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 613. ...... that the petitioner be reinstated in his service at once. In the result, the Rule is made absolute without any order as to costs. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 613. ...... that the petitioner be reinstated in his service at once. In the result, the Rule is made absolute without any order as to costs. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 613. ..

Category: Employment/Service Law | Date: | Hits: 67

Abu Sufian and Others Vs. State, 1993, 22 CLC (HCD)

....Muhammad Jamil and others, 20 DLR (SC) 315; Mohitullah PK @ Mehitullah and ors. Vs. State, 38 DLR (AD) 240. Lawyers Involved: Md. Ismail, Advocate ‑ For the Petitioners. Syed Matiul Islam, Assistant Attorney General ‑ For the State. Criminal Revision No.489 of 1992 with Crimi...... of the Sessions Case, namely 270 working days. This 164 working days had to be counted as working days of the Court. In counting working days only the Fridays, the holidays and the days on which the Presiding Judge was absent on leave and not relieved by a Judge, with power to try the case could be......Sessions Case No.12 of 1990 be stopped and the accuseds be released for the present. Both the Rules are governed by this Judgment. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 610. ..

Category: Criminal Law | Date: | Hits: 58

Abul Ahsan Joardar Vs. Kazi Misbahul Alam, 1992, 21 CLC (HCD)

....e order of stay granted by this Court is vacated. Let a copy of this judgment and order be transmitted to the Court below at once. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 606. ......e order of stay granted by this Court is vacated. Let a copy of this judgment and order be transmitted to the Court below at once. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 606. ......e order of stay granted by this Court is vacated. Let a copy of this judgment and order be transmitted to the Court below at once. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 606. ..

Category: Criminal Law | Date: | Hits: 98

Shamima Khatoon and another Vs. Bangladesh, represented by the Secretary, Ministry of Works and others, 1993, 22 CLC (HCD)

....ed. Case Referred to- Buxly Paints (Bangladesh) Ltd. Vs. Bangladesh, 31 DLR (AD) 266. Lawyers Involved: MI Farooqui with M Salimullah, Advocates For the Petitioners. Md. Saidur Rahman, Assistant Attorney General ‑ For the Respondents. Writ Petition No.232 of 1991. Judgment ......spondents to restore possession of the disputed house to them. The Rule is, accordingly, discharged without any order as to costs. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 601. ......t the Government had taken possession of the disputed house treating the disputed house as abandoned property. Then they made representations to the various authorities including the Sub‑Divisional Officer, Sadar (South) Dhaka for releasing and restoring the disputed house in their favour but with..

Category: Property Law | Date: | Hits: 89

Mahfuzur Rahman Vs. Bangladesh Forest Industries Development Corporation (BFIDC), 1992, 21 CLC (HCD)

....legal and without lawful authority and to be of no legal effect. In the result, the Rule is made absolute with no order as to costs. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 598.......legal and without lawful authority and to be of no legal effect. In the result, the Rule is made absolute with no order as to costs. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 598....... Rule are as follows: 3. The petitioner joined in service of Bangladesh Forest Industries Development Corporation (BFIDC) on 17.4.73 as a Junior Accountant. He was promoted to the post of Accounts Officer with effect from 1.9.76. A proceeding was drawn by the respondent against the petitioner und..

Category: Employment/Service Law | Date: | Hits: 177

Aftabur Rahman Vs. State, 1993, 22 CLC (HCD)

.... of the accused petitioner was declared unlawful in Writ Petition No.1043 of 1993 and the accused petitioner was ordered to be set at liberty at once, if not wanted in any other connection. 8. The Assistant Commissioner of Police (Detective) DAB, however, most illegally took the accused petitione......asons aforesaid the Rule is made absolute and the order dated 22.6.93 and subsequent orders including the impugned order are set aside. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 593.......Code remanding the accused petitioner in the Police custody for 3 days. 2. The aforesaid case was started at the instance of one Md. Abdul Halim Khan, SI of Police on an FIR dated 31.8.02 with the Officer‑in‑Charge, Ramna PS on the allegations that there was an exchange of fire on 30.8.92 fro..

Category: Criminal Law | Date: | Hits: 87

Shamsuddin Vs. The State, 1990, 19 CLC (HCD)

....nd sentence passed against this appellant by the trial Court is hereby affirmed. Let the lower court records be sent down at once. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 587. ......nd sentence passed against this appellant by the trial Court is hereby affirmed. Let the lower court records be sent down at once. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 587. ......nd sentence passed against this appellant by the trial Court is hereby affirmed. Let the lower court records be sent down at once. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 587. ..

Category: Criminal Law | Date: | Hits: 66

SM Abdur Rob Vs. Bangladesh, represented by the Secretary, Ministry of Local Government, Rural Development and others, 1991, 20 CLC (HCD)

....Upazila, District Pabna and Memo No.636 dated 23.10.88). It may be stated here that on being directed by this Court on 12.12.91 an affidavit‑in­-opposition has been filed by Mr. Md. Akhtaruzzaman, Assistant Secretary, Ministry of Local Government, Rural Development and Co‑operatives on behalf o......s of the said Union Parishad in the last week of January, 1992. On the grounds stated above the application is summarily rejected. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 581. ......etitioner Md. SM Abdur Rob prays for issuance of Rule Nisi calling upon the respondents to show cause why the impugned Memo No.606/1(9) dated 25.11.91 (Annexure C) issued by respondent No.4 Returning Officer and Upazila Co‑operative Officer, Iswardi, District Pabna declaring the election schedule ..

Category: Election Law | Date: | Hits: 129

Gias Uddin Vs. State, 2002, 31 CLC (HCD)

.... Vs. Kalu Bepari, 43 DLR 249; State Vs. Shafiqul Alam alias Rafiq, 43 DLR (AD) 92. Lawyers Involved: MA Quddus with Masuda Rehana Begum, Advocates‑For the Accused‑Appellant. Snigdha Huq, Assistant Attorney‑General with Md. Robiul Karim, Assistant Attorney‑General‑For the Responden...... Send down the LC records along with a copy of this judgment to the trial Court concerned immediately for information and necessary action. Ed. This Case is also Reported in: 55 DLR (2003) 328.......serves no interference by this court. 10. PW 1 Md. Jashimuddin, deposed that he heard that the deceased Shajeda Khatun died by taking poison and that he had made no statements to the Investigation Officer. He, however, said that he signed on the inquest report as prepared by the Investigation Off..

Category: Criminal Law | Date: | Hits: 51

Seing Hia Maung Vs. Government of Bangladesh and others, 2000, 29 CLC (HCD)

....nt of Bangladesh and others…….Respondent Judgment March 3, 2000. Result The Rule is made absolute. Lawyers Involved: Murad Raza, Advocate‑For the Petitioner. Zaman Akhter Assistant Attorney‑General‑For the State. Writ Petition No. 1153 of 2003. Judgment Md. ......be set at liberty at once if not wanted in any other connection. The detenu be released within three hours from time of receipt of the order. Ed. This Case is also Reported in: 55 DLR (2003) 327.......be set at liberty at once if not wanted in any other connection. The detenu be released within three hours from time of receipt of the order. Ed. This Case is also Reported in: 55 DLR (2003) 327...

Category: Criminal Law | Date: | Hits: 55

Mobarak Ali Gazi (Md.) Vs. State, 2003, 32 CLC (HCD)

....hio Vs. State, PLD 1967 (Karachi) 800; Khan Vs. State, PLD 1958 Lahore 131. Lawyers Involved: Abdus Sobhan Tarafder with AKM Moniruzzaman Kabir, Advocates‑For the Petitioner. Ireen Mahbub, Assistant Attorney-Genera-For Opposite Party. Criminal Revision No. 555 of 1998. Judgment M......m in this case. Accordingly, the convict petitioner is discharged from his bail bond. Let the lower court records be sent down at once. Ed. This Case is also Reported in: 55 DLR (2003) 325.......m in this case. Accordingly, the convict petitioner is discharged from his bail bond. Let the lower court records be sent down at once. Ed. This Case is also Reported in: 55 DLR (2003) 325...

Category: Criminal Law | Date: | Hits: 62

Reliance Auto Ltd. Vs. Commissioner of Customs, Customs House, Chittagong and others, 2003, 32 CLC (HCD)

.... Commissioner of Customs, Customs House, Chittagong and ors……….Respondents Judgment March 31, 2003. Lawyers Involved: Md. Aman Ullah, Advocate-For the Petitioner. Nahid Mahtab, Assistant Attorney-General-For the Respondents. Writ Petition No. 1843 of 1998. Judgment Ab...... inordinate delay speaks a volume against the Customs authority. In the result, the Rule is made absolute without any order as to costs. Ed. This Case is also Reported in: 55 DLR (2003) 322. ...... inordinate delay speaks a volume against the Customs authority. In the result, the Rule is made absolute without any order as to costs. Ed. This Case is also Reported in: 55 DLR (2003) 322. ..

Category: Business or Commercial Law | Date: | Hits: 209

Munsur Fakir and others Vs. State, 2003, 32 CLC (HCD)

....5; Rafiqul Islam Vs. State, 1993 BLD (AD) 117= 44 DLR (AD) 264. Lawyers Involved: B M Elias, Advocate-For the Appellants. Sk A Awal, Deputy Attorney-General with Saifuddin Md. Aminur Rahim, Assistant Attorney-General-For the State. Criminal Appeal No. 889 of 1991. Judgment Md. Ab......appellant Mansur Fakir be set at liberty forthwith if he is not wanted in connection with any other case. Send down the records at once. Ed. This Case is also Reported in: 55 DLR (2003) 307. ...... Tofazzel Hossain testified that he took the dead body of Razzak Fakir to the morgue. 25. PW 15 Yousuf Ali Shaikh proved the signature of Dr. Sufi Zamal which was marked at Exhibit 5. 26. PW 16 Officer in Charge Amzad Hossain testified that he found the dead body of Razzak Fakir at the bank of..

Category: Criminal Law | Date: | Hits: 60

Sarwari Begum Vs. Bangladesh, 1993, 22 CLC (HCD)

....the disputed house stands had been originally acquired by one SA Aziz from the Government in his capacity as a displaced person from India vide allotment letter No.3791/CHS dated 6.5.60 issued by the Assistant Commissioner, Relief and Rehabilitation, Housing and Settlement (H & S). The said SA A......tioner within 3 months from this date. Considering the nature of the case the parties are directed to bear their respective costs. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 571. ...... disputed house. These are an application addressed to the Deputy Commissioner, Chittagong as at Annexure C to the Writ Petition which is dated 6.12.73, an application addressed to the Administrative Officer, Shershah Housing Estate, Chittagong on 11.5.1974 as at Annexure E to the Writ Petition and ..

Category: Property Law | Date: | Hits: 75

KM Sarwar Hossain Vs. Mosharraf Hossain and others, 1993, 22 CLC (HCD)

....l Revision No.482 of 1993 with Civil Revision No.713 of 1093. Judgment DM Ansar Uddin Ahmed J.- These two Civil Revision Cases have arisen out of two orders passed on two different dates by the Assistant Judge, 3rd Court Dhaka in Title Suit No.21 of 1993. The Rule issued in Civil Revision No.4...... Title Suit No.21 of 1993 of the 3rd Court of Assistant Judge, Dhaka is hereby rejected. Send down the lower Court record at once. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 562. ...... Title Suit No.21 of 1993 of the 3rd Court of Assistant Judge, Dhaka is hereby rejected. Send down the lower Court record at once. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 562. ..

Category: Civil Law | Date: | Hits: 104

Hosne Ara Begum Vs. Government of the People's Republic of Bangladesh, 1993, 22 CLC (HCD)

....dence that he is one of the previous tenants and afterward he became the tenant of the Vested Property Authority and it was taken over as vested property in 1969. 7. One Syed Fazlul Hoque, who was Assistant Superintendent of Vested Property Authority office, deposed as P.W.2. He also stated that ......laintiff. Considering the facts and circumstances of the case, we pass no order as to costs. Send down the LC records immediately. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 554. ......laintiff. Considering the facts and circumstances of the case, we pass no order as to costs. Send down the LC records immediately. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 554. ..

Category: Property Law | Date: | Hits: 75