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Indu Mod Howlader Vs. Additional Deputy CommiÂssioner and others, 1997, 26 CLC (HCD)
....it land was devolved on his only son Gopal Chandra. Gopal Chandra subsequently got his name mutated by CO (Rev) Wazirpur under Mutation Case No.20 of 1974‑75 vide order dated 29‑10‑74. While in possession of the suit land Gopal Chandra sold the same to the plaintiff‑petitioner by a registere......ner filed the aforesaid suit for a declaration that the order dated 6‑1‑76 passed by the Government through the Deputy Commissioner, Barisal and mentioned in 'Kha' schedule in respect of the suit land mentioned in the 'Ka' schedule forfeiting the same for establishment of a Hat under the Hat and......ed without any order as to cost. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 444.......on No. 3601 of 1995. Judgment Md. Joynul Abedin J.- This Rule at the instance of the plaintiff-petitioner arising out of an application under section 115 of the Code of Civil Procedure calls in question the judgment and decree dated 17‑4‑95 passed in Title Appeal No.115 of 1991 by the Subo..Category: Property Law | Date: | Hits: 84
Government of BanglaÂdesh and others Vs. Jahangir Alam & others, 2011, 40 CLC (AD)
....n law but is just in fact. In the result, all the appeals are dismissed but without any order as to costs. Ed. This Case is also Reported in: 17 BLC (AD) (2012) 115; 32 BLD (AD) (2012) 145. ...... 30. In the case of Regina Vs. North and East Devon Health Authority, ex parts Coughlan (2001) QB 213, the concept of substantive legitimate expectation was considered by the Court of Appeal in England in a broader perspective. In this case Ms. Coughlan being seriously injured in a road accident ......sts. Ed. This Case is also Reported in: 17 BLC (AD) (2012) 115; 32 BLD (AD) (2012) 145. ......n in writ Petition No.4040, 7081, 7963 and 8880 of 2007). Judgment ABM Khairul Haque CJ. - These appeals are all heard together and disposed of by a single judgment since those involved similar questions of fact and law. 2. These appeals involve the question as to whether the work-charged t..Category: Employment/Service Law | Date: | Hits: 208
Md. Zahurul Islam Vs. Deputy Commissioner, Kushtia and others, 2012, 41 CLC (AD)
....agement of the cattle market in favour of the Union Parishad 'Hat Committee', he was not entitled to the entire toll amount without seeking declaÂration of title to the cattle market and recovery of possession; in view of the admission of the plaintiff that he had already handed over the management......cree No.68 of 1996 dismissing the same. 2. The petitioner as plaintiff filed Money Suit No.3 of 1992 in the Court of Subordinate Judge, Kushtia for recovery of taka 1,47,95,986, being the value of land described in schedule-'Ka' to the plaint, the cost for developing the land, profit with interes...... suit. Accordingly, the leave petition is dismissed. Ed. This Case is also Reported in: 17 BLC (AD) (2012) 106. ......ernment, Palli Unnayan and SamaÂbaya dated 23-4-84 to the Upazila Nirbahi Officer, Kushtia Sadar. 14. Let us examine these Exhibits. In the Audit report, it has been stated that the cattle hat in question was established as per resoluÂtion of the Union Parishad and a committee was constituted f..Category: Property Law | Date: | Hits: 105
Mahmudul Huq Vs. Mst Golap Bia & others, 1988, 17 CLC (HCD)
....the lower appellate Court rightly and legally on consideration of evidence negatived the plea of motive. Now let us consider whether the lower appellate Court erred in law in arriving at a finding on possession of the disputed land and the conduct of the parties in dealing with it. The question rega......ed by them, the plaintiff No.1 was living together in the same house with his foster parent. Plaintiff No.2 Sultan Ahmed due to his illness lost interest in the worldly affairs and wanted to gift the land of Ext. A in his favour. But as he was minor in 1944 Sultan Ahmed made a benami kabala, Ext. A ......yers Involved: Farmanullah Khan - For the appellant. No one - For the respondent. Appeal from Appellate Decree No.172 of 1976. Judgment AM Mahmudur Rahman J.- This second appeal at the instance of the plaintiff is against the judgment and decree of affirmance passed by the learned Add......7.75. 5. Mr. Farmanullah Khan submits that the trial Court dismissed the suit on the point of limitation and as the lower appellate Court found that the Munsif committed some error in deciding the question of limitation it committed an error of law in dismissing the appeal on merit without sendin..Category: Property Law | Date: | Hits: 86
Abul Basar Sowdagar Vs. Aminul Huq & others, 1989, 18 CLC (HCD)
....n Title Appeal No.24 of 1970 reversing those of Mr. M.S. Rahman, Munsif, North Raozan made in Title Suit No.160 of 1969. 2. The plaintiff filed the suit for declaration of title to and recovery of possession of the disputed land against the defendants. His case was that Sirajul Huq was the origin......0 reversing those of Mr. M.S. Rahman, Munsif, North Raozan made in Title Suit No.160 of 1969. 2. The plaintiff filed the suit for declaration of title to and recovery of possession of the disputed land against the defendants. His case was that Sirajul Huq was the original owner of the disputed la......12.......t the lower appellate Court did not consider the evidence of D.Ws. and without considering the evidence of such witnesses illegally reversed the finding of the trial Court. In this appeal the precise question that falls for determination is whether Md. Wali had one wife or two wives. The finding on ..Category: Property Law | Date: | Hits: 103
One Bank Ltd. Vs. Government of Bangladesh and others, 2009, 38 CLC (HCD)
.... granted at the time of issuance of the Rule and extended subsequently is hereby recalled and vacated. There is no order as to costs. Ed. This Case is also Reported in: 15 BLC (HCD) (2010) 91.......ake the stand that out of fear it had to dematerialise the certificate on 22-1-2007 and also undertook to attend the hearing on 31-1-2007. 20. The learned Advocate referred to Halsbury' Laws of England, Volume 16 page 999, Fourth Edition, where it has been stated as under: "A person does not a......ded subsequently is hereby recalled and vacated. There is no order as to costs. Ed. This Case is also Reported in: 15 BLC (HCD) (2010) 91.......ndent No. 7 upon getting valid papers and to inform the SEC within five days of issuance of the letter. By a letter dated 3-1-2007, the petitioner-company informed respondent No. 3 that the matter in question would be placed before its Board of Directors at its meeting scheduled to be held by the en..Category: Business or Commercial Law | Date: | Hits: 237
Gadu Mia & others Vs. State, 1991, 20 CLC (HCD)
....ted from the charge levelled against them and they shall be set at liberty forthwith if not wanted in connection with any other case. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 246. ......ted from the charge levelled against them and they shall be set at liberty forthwith if not wanted in connection with any other case. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 246. ......they shall be set at liberty forthwith if not wanted in connection with any other case. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 246. ......mediately after the occurrence. Therefore, the undocumented oral dying declaration of the victim and the evidence of P.W.2 Aktar Hossain are very material for the purpose of this case. 9. Now, the question as has been raised as to whether the P.W.2 Aktar Hossain being aged about 11 years at the t..Category: Criminal Law | Date: | Hits: 106
State Vs. Dr. Md. Nurul Islam, 2011, 40 CLC (HCD)
....ommit any occurrence as alleged by the prosecution and that the informant, with a view to get rid of the murder of Togor and also with intent to deprive the accused Dr. Nurul Islam from the right and possession of the Shyamahar Dighi hatched up this case on false allegations and that the accused per......strict Naogaon lodged an Ejahar with Badalgachchi Police Station, District Naogaon alleging that the Shymahar Dighi situated in plot No. 105 appertaining to C.S. Khatian No. 4 measuring 8.83 acres of land of mouza Shyamahar is their self acquired property which they have been possessing for a petty ...... the concerned Court below for information and necessary action at once. Md. Emdadul Haque Azad J. - I agree. Ed. This Case is also Reported in: ......order of conviction and sentence and there is no reason to interfere with the same and that the Death Reference should be confirmed and the Appeal as well as the Jail Appeal be dismissed. The real question that calls for determination in this case is, whether the impugned judgment and order of co..Category: Criminal Law | Date: | Hits: 104
State Vs. Md. Saiful Huq @ A. Saiful and 6 others, 2012, 41 CLC (HCD)
....Send down the Lower Court Records with a copy of this judgment and order at once for information and necessary action. Md. Emdadul Haque Azad J. - I agree. Ed. This Case is also Reported in: ......Send down the Lower Court Records with a copy of this judgment and order at once for information and necessary action. Md. Emdadul Haque Azad J. - I agree. Ed. This Case is also Reported in: ......of this judgment and order at once for information and necessary action. Md. Emdadul Haque Azad J. - I agree. Ed. This Case is also Reported in: ...... 12 and inquest report Ext. 2, as well as the statement of P.W. 1, P.Ws. 2-8 and the averments made in the F.I.R. the location of the exact place of occurrence as to where Ratan was murdered calls in question. In this connection, Ashraful, a relative of the deceased Ratan, who, according to P.W. 12 ..Category: Criminal Law | Date: | Hits: 93
Abdul Mannan Sikder Vs. Matilal Dhupi and others, 1998, 27 CLC (HCD)
.... months from the date of receipt of this order, without granting adjournments to the contending parties except on compelling reasons. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 403. ......red to the 2nd Court of Munsif, Barisal and was renumbered as Title Suit No.205 of 1978. Eventually the plaint was amended and the plaintiffs added a prayer for declaration of their title in the suit land. In course of time the said suit was transferred to the Court of the Munsif Gournadi and re-num......d: Golam Mostafa, Advocate - For the Petitioner. Abdul Quayum, Advocate - For the Opposite Party. Civil Revision No. 3192 of 1991. Judgment Gour Gopal Saha J.- This Rule is directed against the order dated 27-5-87 passed by the learned Munsif, Gournadi in Miscellaneous case No.52 of 1......ed an application under Order 9 rule 9 read with section 151 of the Code of Civil Procedure praying for setting aside the dismissal of the suit for default on the ground that the show-cause notice in question did not specify the steps they were required to take and they were thus confused about thei..Category: Procedural Law | Date: | Hits: 87
Pranajit Barua Vs. State and another, 1998, 27 CLC (HCD)
....in Chittagong District Jail is declared illegal. Let him be set at liberty forthwith if not wanted in connection with any other case. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 399. ......in Chittagong District Jail is declared illegal. Let him be set at liberty forthwith if not wanted in connection with any other case. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 399. ......l. Let him be set at liberty forthwith if not wanted in connection with any other case. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 399. ......Powers Act is a law which provides for preventive detention. 7. In the case of Md. Suba Miah and another Vs. Government of Bangladesh (Criminal Misc Case No. 818 of 91) disposed of on 13-2-92 this question was raised and one of us who was a party to that judgment differed with the Presiding Judge..Category: Criminal Law | Date: | Hits: 72
Abdul Momen and others Vs. Dhaka City Corporation & others, 1997, 26 CLC (HCD)
....se shops. Respondents, Dhaka City Corporation, the Mayor, Dhaka City Corporation, the Chief Engineer and Mr. Saifullah, partner of Shehin Traders are creating allegedly unlawful obstacles to peaceful possession and enjoyment of property rights of the petitioners. The respondents have recently taken ......For the aforesaid reasons, we find no substance in this petition. In the result, this petition is rejected summarily. No costs. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 300. ......s petition. In the result, this petition is rejected summarily. No costs. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 300. ......For the aforesaid reasons, we find no substance in this petition. In the result, this petition is rejected summarily. No costs. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 300. ..Category: Civil Law | Date: | Hits: 117
Shainpukur Holding Ltd. Vs. Security Exchange Commission, 1997, 26 CLC (HCD)
....the criminal proceedings pending before the CMM Dhaka. In the result, the References are rejected and order of stay stands vacated. Ed This Case is also Reported in: 50 DLR (HCD) (1998) 291. ......the criminal proceedings pending before the CMM Dhaka. In the result, the References are rejected and order of stay stands vacated. Ed This Case is also Reported in: 50 DLR (HCD) (1998) 291. ......M Dhaka. In the result, the References are rejected and order of stay stands vacated. Ed This Case is also Reported in: 50 DLR (HCD) (1998) 291. ...... another person. He contended that when there was a letter of authority before the CMM authorising the said officer to present the report and he was satisfied about the same for taking cognizance the question whether such authorization was valid or not is a question of fact and cannot be decided in ..Category: Business or Commercial Law | Date: | Hits: 219
Chittagong Port Authority Vs. Md. Ishaque and others, 1983, 12 CLC (AD)
....ad no answer. 7. The next question is the responsibility for the loss. Section 50(A) says, "the responsibility of the authority for the loss". Goods either for export and import when remain in the possession or under the control of the Port Authority is saddled with the liability of a bailee unde......ce. It was held that such notice is a valid notice. Next, the learned Judges consiÂdered the contention of the defendant that the plaintiffs did not take delivery of the goods within 5 days from the landing of the ship, the defendant No.3 had no liability in the matter and reliance was placed on se......issed with costs. Ed. This Case is also Reported in: 35 DLR (AD) (1983) 364.......an amount of Tk. 12,000/- as compensation for non-delivery of six cases of umbrella cloth. The simple case of the plainÂtiffs was that he imported 6 cases of umbrella cloth from Japan. The vessel in question arrived at Chittagong Port on 15.7.64 and discharged her cargo. The plaintiffs' consignÂme..Category: Civil Law | Date: | Hits: 112
Bangladesh Vs. Dr. Nasiruddin, 1983, 12 CLC (AD)
....this appeal is alloÂwed and the judgment and order of the Courts below are set aside and the plaintiff's suit is dismissed. No costs. Ed. This Case is also Reported in: 35 DLR (AD) (1983) 359. ......this appeal is alloÂwed and the judgment and order of the Courts below are set aside and the plaintiff's suit is dismissed. No costs. Ed. This Case is also Reported in: 35 DLR (AD) (1983) 359. ......ssed. No costs. Ed. This Case is also Reported in: 35 DLR (AD) (1983) 359. ......then came to the conclusion that under section 10 of the Public Conduct (Scrutiny) Ordinance, 1959, though the order of finding by an appointing authoÂrity or Screening Committee cannot be called in question but the ruling in Zafrul Ahmed's case, 12 DLR (SC) 9 will be attracted and such finding by ..Category: Employment/Service Law | Date: | Hits: 196
Md. Zahir Abdullah Khan @ Zahir Abdullah Khan & others Vs. Abdul Latif & others, 1983, 12 CLC (AD)
....t was decided that the arrear rents could be paid by the tenants in three instalments. The plaintiff paid the arrear rent to the Pourashava on 2.5.73. Thereafter the defendant No.4 pressed for vacant possession. So far is admitted. 3. The plaintiff alleged that the Pourashava sent Police force o.......155 of 1978. 2. Certain facts are admitted. The plainÂtiff was inducted by the Brahman Baria Pourashava as a tenant in the shop-room in question in June, 1966 at a monthly rent of Tk. 44/-. This land was taken by the Brahman Baria Municipality as lease from the District Council and the Municipa......ever, no costs. Ed. This Case is also Reported in: 35 DLR (AD) (1983) 354. ...... the Subordinate Judge, 1st Court, Comilla in Title Suit No.155 of 1978. 2. Certain facts are admitted. The plainÂtiff was inducted by the Brahman Baria Pourashava as a tenant in the shop-room in question in June, 1966 at a monthly rent of Tk. 44/-. This land was taken by the Brahman Baria Munic..Category: Property Law | Date: | Hits: 99
....and 121 when the said holding was sold for arrears of rent under the Public Demands Recovery Act. Possession was delivered to the appellant on 11-2-74 and since then he was exercising various acts of possession. In the pre-emption proceeding the pre-emption challenged validity of the amalgamation of......tion of the auction sale on 24-10-1973 in Certificate Case No.408 of 1967-1968 held by the Certificate Officer, Chittagong, for arrear rent dues from H.E. Percival, the recorded tenant, transferring land of P.S Plot No.108 of P.S Khatian No.14. The respondents claimed to be co-sharers of the Certif......
Ed.
This Case is also Reported in: 35 DLR (AD) (1983) 338.
......t of the cost of improvement in the case land. The appellant unsuccessfully moved the High Court Division in revision, and there after obtained leave from this Court. Leave was granted to examine the question whether after creation of a new tenancy by amalgamation and consolidation of holdings the r..
Category: Property Law | Date: | Hits: 128
Nasiruddin Ahmed Pintu (Md.) Vs. State, 2010, 39 CLC (HCD)
....se No.15 of 2007 pending in the 1st Court of the Special Judge, Dhaka, is hereby recalled. The case will proceed in accordance with law. Ed. This Case is also Reported in: 63 DLR (HD) (2011) 214.......se No.15 of 2007 pending in the 1st Court of the Special Judge, Dhaka, is hereby recalled. The case will proceed in accordance with law. Ed. This Case is also Reported in: 63 DLR (HD) (2011) 214.......he Special Judge, Dhaka, is hereby recalled. The case will proceed in accordance with law. Ed. This Case is also Reported in: 63 DLR (HD) (2011) 214.......ion of the petitioner, who was the member of the Parliament of that area and accordÂingly the petitioner as per Government Circular merely recommended for allotment of the CI sheets to the mosque in question, which was affected in a natural disaster and as such the allegations against the petitione..Category: Criminal Law | Date: | Hits: 230
Dr. Kamal Hossain and others Vs. State, 2010, 39 CLC (HCD)
....gment be sent to the Ministry of Home Affairs and the Inspector General of Police. Ed. This Case is also Reported in: 63 DLR (HCD) (2011) 204; 16 MLR (HCD) (2011) 343; 30 BLD (HCD) (2010) 400. ......gment be sent to the Ministry of Home Affairs and the Inspector General of Police. Ed. This Case is also Reported in: 63 DLR (HCD) (2011) 204; 16 MLR (HCD) (2011) 343; 30 BLD (HCD) (2010) 400. ......and the Inspector General of Police. Ed. This Case is also Reported in: 63 DLR (HCD) (2011) 204; 16 MLR (HCD) (2011) 343; 30 BLD (HCD) (2010) 400. ......thout embarkÂing upon any inquiry as to the evidence in the case and, as such, the charge sheet is also manifestly and clearly inconsistent with the earlier first information reports and there is no question of appreciating the evidence to conclude that the first information report and charge sheet..Category: Criminal Law | Date: | Hits: 132
Gazi Wires Ltd. Vs. National Board of Revenue and others, 1998, 27 CLC (HCD)
....and G to the petition are hereby declared to have been made/passed or issued without any lawful authority and to be of no legal effect. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 393.......and G to the petition are hereby declared to have been made/passed or issued without any lawful authority and to be of no legal effect. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 393....... made/passed or issued without any lawful authority and to be of no legal effect. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 393.......mined and approved by the Collector of Customs and such excise duties were not at all realised from the buyers. When collection of rate and duty were not made and recovered by the petitioner-company, question of payment to the respondent does not arise. The petitioner is to collect the rate and duty..Category: Fiscal/Taxation Law | Date: | Hits: 169
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