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Aktaruzzaman alias Sahin Vs. Abdur Rashid Khan and others, 2006, 35 CLC (AD)
....ard along with appeal arising of the civil petition for leave to appeal No. 317 of 2002 wherein leave has been granted on 27.8.2003. Ed. This Case is also Reported in: 62 DLR (AD) (2010) 250. ......ard along with appeal arising of the civil petition for leave to appeal No. 317 of 2002 wherein leave has been granted on 27.8.2003. Ed. This Case is also Reported in: 62 DLR (AD) (2010) 250. ......317 of 2002 wherein leave has been granted on 27.8.2003. Ed. This Case is also Reported in: 62 DLR (AD) (2010) 250. ......ought to be pre-empted. 2. Pre-emption was sought under section 24 of the Non-Agricultural Tenancy Act, 1949. 3. The pre-emptor filed the Miscellaneous case stating that plot No. 5351 listed in khatian No.1739 belonged to Rajjab Ali Khan and he was survived by two sons, one daughter and a wido..Category: Property Law | Date: | Hits: 35
State Vs. Sentu and others, 2004, 33 CLC (AD)
....o. 15 of 1996 of 2nd Court of Additional Sessions Judge, Barisal corresponding to G.R. Case No. 342 of 1993 P. S. Kotwali immediately and to enlarge them on bail to his satisfaction. Ed. ......ch being investigated charge sheet was submitted against the accused respondents and others. The case being sent for trial before the learned Additional Sessions Judge, 2nd Court, Barisal he recorded evidence and passed the Judgment and order convicting the accused respondents under Sectio...... Barisal corresponding to G.R. Case No. 342 of 1993 P. S. Kotwali immediately and to enlarge them on bail to his satisfaction. Ed. ......o. 15 of 1996 of 2nd Court of Additional Sessions Judge, Barisal corresponding to G.R. Case No. 342 of 1993 P. S. Kotwali immediately and to enlarge them on bail to his satisfaction. Ed. ..Category: Criminal Law | Date: | Hits: 41
Md. Mofazzal Hossain Vs. Md. Muklesur Rahman and others, 2006, 35 CLC (AD)
....re the paper book out of court in accordance with Rules. In part II of the paper book deposition of both the parties and the exhibited documents in the suit are to be included. Ed. ......re the paper book out of court in accordance with Rules. In part II of the paper book deposition of both the parties and the exhibited documents in the suit are to be included. Ed. ......tion of both the parties and the exhibited documents in the suit are to be included. Ed. ......re the paper book out of court in accordance with Rules. In part II of the paper book deposition of both the parties and the exhibited documents in the suit are to be included. Ed. ..Category: Property Law | Date: | Hits: 30
Bhulu Miah and others Vs. Begum Shakhina Khatun and others, 2005, 34 CLC (AD)
.... be deposited within 1 (one) month. Preparation of paper book is dispensed with as prayed for. Stay granted earlier be extended for further period of 6 (six) months from date. Ed. ......stopped by the principles of waiver and acquiescence. The defendant-respondent's further case was that Ram Behari Mondal was the owner of suit land along with other land and his name was correctly recorded in C. S. record, subsequently Rejendra Chandra Mondal owned the land and his name was cor&......y granted earlier be extended for further period of 6 (six) months from date. Ed. ......predecessors acquired title in their favour and as such the suit is liable to be dismissed. 4. The trial Court decreed the suit by judgment and decree dated 20-06-1999 holding that R.S. khatian stands in the names of plaintiffs and defendants being permissive purchaser of th..Category: Property Law | Date: | Hits: 32
Nurun Nabi Mullah and others Vs. Abdul Karim, 2005, 34 CLC (AD)
....m of the plaintiffs. In view of the discussions made herein-above we find merit in the appeal. Accordingly the appeal is allowed. There is no order as to costs. Ed. ......m of the plaintiffs. In view of the discussions made herein-above we find merit in the appeal. Accordingly the appeal is allowed. There is no order as to costs. Ed. ......e appeal. Accordingly the appeal is allowed. There is no order as to costs. Ed. ......d, that they filed miscellaneous Case No.127 of 1969 under Section 143A of the State Acquisition and Tenancy Act for correction of the S. A. record and got order in their favour and thereupon S.A. khatian No. 1236 of Mouza Badda was prepared and finally published in their names, that defend..Category: Property Law | Date: | Hits: 40
Sayeda Shajada Hossain & another Vs. Wega Fashion Sweater (Pvt) Ltd & ors., 2007, 36 CLC (AD)
....se such land for similar other public purposes. 8. Therefore, in our view, this is not a good ground for review of our judgment. All the review petitions are dismissed. Ed. ......ed to the appellant in CA No. 62 of 2004 (Wega Fashion Sweater Pvt Ltd) by altering Government's earlier decision. The further case is that one Mrs. Madlena D Rozario purchased the land from the CS recorded owners and possessed the same. The Government requisitioned the property by order dated 3...... a good ground for review of our judgment. All the review petitions are dismissed. Ed. ......se such land for similar other public purposes. 8. Therefore, in our view, this is not a good ground for review of our judgment. All the review petitions are dismissed. Ed. ..Category: Property Law | Date: | Hits: 37
Maleka Khatun and others Vs. Amena Khatun and others, 2007, 36 CLC (AD)
....the Partition Act. 17. In the background of the discussions made hereinbefore, we find merit in the appeal. Accordingly, the appeal is allowed with costs at all stages. Ed. ......the Partition Act. 17. In the background of the discussions made hereinbefore, we find merit in the appeal. Accordingly, the appeal is allowed with costs at all stages. Ed. ...... merit in the appeal. Accordingly, the appeal is allowed with costs at all stages. Ed. ......seeking declaration of title, recovery of khas possession and for separate saham upon partition of the land in suit. 2. It was the case of the plaintiff that the land of CS plot No.366 of CS khatian No. 335 of Mouza Bara Maghbazar belonged to Abdul Gafur. He sold the same on October 31, 19..Category: Property Law | Date: | Hits: 44
Wasim Mia (Md) Vs. State, 2007, 36 CLC (AD)
...., Post Office-Chuchuxa Bazar is acquitted of the charge under section 9(1) of Nari-o-Shishu Nirjatan Ain, 2000 and he be set at liberty at once if not wanted in any other connection. Ed. ...... and considered the radiological reports and opined the victim Champa Khatoon to be 15 to 16 years old. 15. P.W 10 Champa Khatoon, the victim herself, was also examined. The learned Tribunal recorded "Ashamigon tahake kichu koriache kina shei uttoreo shey hat naria mana" 1...... under section 9(1) of Nari-o-Shishu Nirjatan Ain, 2000 and he be set at liberty at once if not wanted in any other connection. Ed. ......, Post Office-Chuchuxa Bazar is acquitted of the charge under section 9(1) of Nari-o-Shishu Nirjatan Ain, 2000 and he be set at liberty at once if not wanted in any other connection. Ed. ..Category: Criminal Law | Date: | Hits: 71
Iftekhar Hasan (Md) @ Al Mamun and others Vs. State, 2007, 36 CLC (AD)
....d only to taking away of life, but it means something more than mere animal existence. The inhibition against its deprivation extends to all those limbs and faculties by which life is enjoyed. Ed. ......witnesses. 21. On 24-11-2005 accused Md Iftekhar Hasan @ Al-Mamun was produced before Mr. Md. Safiq Anwar, Metropolitan Magistrate, Dhaka (P.W 41) to whom the accused gave a confessional statement recorded by the aforesaid learned Magistrate. After investigation PW 44 Munshi Atiqur Rahman submi......ibition against its deprivation extends to all those limbs and faculties by which life is enjoyed. Ed. ......d only to taking away of life, but it means something more than mere animal existence. The inhibition against its deprivation extends to all those limbs and faculties by which life is enjoyed. Ed. ..Category: Criminal Law | Date: | Hits: 213
Chairman, Mongla Port Authority Vs. Kazi Brothers and others, 2007, 36 CLC (AD)
....cessity, has to be thorough and more elaborate. 41. As it appears in the present case before the High Court Division, except ground No.IV, i.e. "by misconstruing Exhibit Kha 1, the trial Court wrongly held that the defendants were bound to supply materials from their own godown" no other spec......rding calculations made by the trial Court in respect of the claims of the parties for passing decree in part. So, there is no need of discussing those. The appeal is dismissed with costs. Ed. ......arties for passing decree in part. So, there is no need of discussing those. The appeal is dismissed with costs. Ed. ......rding calculations made by the trial Court in respect of the claims of the parties for passing decree in part. So, there is no need of discussing those. The appeal is dismissed with costs. Ed. ..Category: Civil Law | Date: | Hits: 109
State Vs. Mohammad Khan and others, 1990, 19 CLC (AD)
....tal blow at the place of occurrence which is the homestead of the informant party at about 10/11 in the morning and in the manner as testified by them. The learned Judges of the High Court Division wrongly held that from the evidence of the eye-witnesses it is very difficult to find out the exact ......Commissioner, Patuakhali will take him in to custody and the trial Court will report compliance of the order of this Court thereafter. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 192. ......ustody and the trial Court will report compliance of the order of this Court thereafter. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 192. ......Commissioner, Patuakhali will take him in to custody and the trial Court will report compliance of the order of this Court thereafter. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 192. ..Category: Criminal Law | Date: | Hits: 117
Babul alias Abdul Majid Khan and others Vs. State, 1988, 17 CLC (AD)
.... aside and the appellants are acquitted of the charge. They may be set at liberty forthwith if not required in any other connection. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 186. ......labad, Baidya Para Road, P.S. Kotwali District Bakerganj and decamped with valuables worth about Tk. 29,870/- 3. The only witness examined in the case was the Officer-in-Charge Kotwali, P.S. who recorded the FIR made by the said Fazlul Karim on the day following the occurrence i.e. 21.10.81. ...... charge. They may be set at liberty forthwith if not required in any other connection. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 186. ...... aside and the appellants are acquitted of the charge. They may be set at liberty forthwith if not required in any other connection. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 186. ..Category: Criminal Law | Date: | Hits: 49
Collector of Customs, Custom House, Chittagong and others Vs. A. Hannan, 1990, 19 CLC (AD)
.... the matter the opinion is that the appeal must be dismissed. In the result, this appeal is dismissed without any order as to cost. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 167. ......was still open to a party who had acted on a representation made by the Government to claim that the Government shall be bound to carry out the promise made by it, even though the promise was not recorded in the form of a formal contract as required by Article 299 of the Constitution." 19. ......d without any order as to cost. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 167. ...... the matter the opinion is that the appeal must be dismissed. In the result, this appeal is dismissed without any order as to cost. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 167. ..Category: Fiscal/Taxation Law | Date: | Hits: 153
Moslehuddin (Md) Vs. State, 1990, 19 CLC (AD)
....ower court had been vitiated by illegality, irregularity or otherwise defective or when the original trial has not been satisfactory for any particular reason, for example, if evidence had been wrongly rejected which should have been admitted or admitted when it should have been rejected or th......he appellant, has submitted that the learned Judge of the High Court Division, having himself examined the evidence on record at great length as was required of a court of first appeal, ought to have recorded his own findings on the issues involved and disposed of the appeal finally. He has further ......f by the competent Bench of the High Court Division in accordance with law. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 142 & 160. ......de. Let the appeal be heard afresh and disposed of by the competent Bench of the High Court Division in accordance with law. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 142 & 160. ..Category: Criminal Law | Date: | Hits: 52
Anwar Hossain Bhuiyan Vs. Shaikh Moslem Ali, 1990, 19 CLC (AD)
....venience, nature of the decree and submissions made on behalf of both the parties and took the view that the execution proceedings should not be stayed. We do not think that the discretion has been wrongly exercised. But in view of hardship to which the appellant might be put in case the entire ......t to this direction the appeal is disposed of and the impugned order of the High Court Division is modified accordingly. No costs. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 158. ......he High Court Division is modified accordingly. No costs. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 158. ......t to this direction the appeal is disposed of and the impugned order of the High Court Division is modified accordingly. No costs. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 158. ..Category: Civil Law | Date: | Hits: 117
Mahaprabhu Ram Vs. Gopal Ram Ram & others, 1990, 19 CLC (AD)
....nt also made good his escape to Tripura in 1971. In January, 1972 the appellant came back and occupied the disputed homestead where he is living now with his family members. The R.S. Khatian has been wrongly prepared in the name of Surya Kumar. He demands 8 as. share of the suit land by partition of......uit land which yielded to decay about 9 or 10 years back. The appellant wanted to marry and raise a new hut on the suit land only to be obstructed by his uncle on the plea that the suit land had been recorded in his name. The matter was referred to the adjudication of the Union Committee but Surya......merit any interference. The appeal is dismissed with costs. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 154. ......f. Hence on all counts we find that the impugned judgment does not merit any interference. The appeal is dismissed with costs. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 154. ..Category: Tenancy Law | Date: | Hits: 169
Mosharraf Hossain Chowdhury and other Vs. Md. Jahurul Islam Chowdhury & ors, 2006, 35 CLC (AD)
....is directed to handover the property of schedule 'Kha' and 'Ga' to the appellants i.e. the contesting defendants. Ed. This Case is also Reported in: 61 DLR (AD) (2009) 133; ......is directed to handover the property of schedule 'Kha' and 'Ga' to the appellants i.e. the contesting defendants. Ed. This Case is also Reported in: 61 DLR (AD) (2009) 133; ......ntesting defendants. Ed. This Case is also Reported in: 61 DLR (AD) (2009) 133; ......owdhury "had no substantial debt to justify a Benami transaction for fear of any Marwari creditor", that in the background of dealing with the property of Ext.1 i.e. property of khatian Nos. 28 and 47, by Izzatullah Chowdhury by the Ext. A dated 13.1.1944 and dealing with the ..Category: Property Law | Date: | Hits: 67
Abdul Wahed Vs. Arun Kumar Ganguly & others, 1999, 28 CLC (AD)
.... and 22.5.82 are not legal and proper. The learned Single Judge having correctly decided the case the same calls for no interference. Accordingly, the appeal is dismissed with costs. Ed. ...... and 22.5.82 are not legal and proper. The learned Single Judge having correctly decided the case the same calls for no interference. Accordingly, the appeal is dismissed with costs. Ed. ........Appellant Vs. Arun Kumar Ganguly & others……..............Respondents. Judgment June 7, 1999. Lawyers Involved: Abdul Quayum, Advocate, instructed by Md. Aftab Hossain Advocate-on-Record-For the Appellant Shamsul Alam, Advocate,...... and 22.5.82 are not legal and proper. The learned Single Judge having correctly decided the case the same calls for no interference. Accordingly, the appeal is dismissed with costs. Ed. ..Category: Property Law | Date: | Hits: 35
Bangladesh Vs. Mst. Saleha Khatun and others, 2006, 35 CLC (AD)
....e in possession of the land for more than 12 years on payment of rent and that during the last survey the land in suit instead of being recorded in the name of the plaintiffs or their predecessor was wrongly recorded in the name of the Government in khas khatian No.1 though Government has no right, ......iff Nos.13 and 14. It is the case of the plaintiffs that they are in possession of the land for more than 12 years on payment of rent and that during the last survey the land in suit instead of being recorded in the name of the plaintiffs or their predecessor was wrongly recorded in the name of the ......ons made hereinabove we find merit in the appeal. Accordingly the appeal is allowed with costs at all stages. Ed. ......ayment of rent and that during the last survey the land in suit instead of being recorded in the name of the plaintiffs or their predecessor was wrongly recorded in the name of the Government in khas khatian No.1 though Government has no right, title and possession in the land in suit and that as ..Category: Property Law | Date: | Hits: 42
Anowarul Hoque Vs. Mohammad Tafazzal Mondal and others, 2006, 35 CLC (AD)
....k. 1000/- is to be deposited within one month. Preparation of paper book is dispensed with as prayed for. The petitioners are permitted to add additional grounds. Ed. ......989 for declaration of title and khas possession stating, inter alia, that his father late Mandar Mondal was the owner in possession of the disputed land measuring 2.07 acres and his name was duly recorded in S. A. khatians and he died leaving behind his wife and also the plaintiff who at that ......with as prayed for. The petitioners are permitted to add additional grounds. Ed. ...... of title and khas possession stating, inter alia, that his father late Mandar Mondal was the owner in possession of the disputed land measuring 2.07 acres and his name was duly recorded in S. A. khatians and he died leaving behind his wife and also the plaintiff who at that time was minor bein..Category: Property Law | Date: | Hits: 28
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