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Kazi Asmat Ullah Vs. Belayet Ali Sheikh and others, 2009, 38 CLC (HCD)
....t and proper." 2. The plaint case, in short, is that the plaintiff instituted title suit No.111 of 1989 in the Court of Assistant Judge, Sripur, Magura for declaration of title and confirmation of possession. It is stated in the plaint that Lalit Mohan Chakrabarty was an owner of 1.13 acres of la...... of 1989 in the Court of Assistant Judge, Sripur, Magura for declaration of title and confirmation of possession. It is stated in the plaint that Lalit Mohan Chakrabarty was an owner of 1.13 acres of land appertaining to plots No.1093/1250/1786 of Khatian No.1044 and Malancha Dasi got the same execu......r Courts records immediately. Ed. This Case is also Reported in: 63 DLR (HCD) (2011) 173. ...... learned Advocate has referred the case of Additional Deputy Commissioner (Revenue) Vs. Md. Reasuddin Pk reported in 5 BLC (AD) 76. "10. An attempt has also been made to argue that the amalnama in question was wrongly accepted as evidence without any proof of its execution. The learned Counsel ha..Category: Property Law | Date: | Hits: 123
Sheikh Hasina Wazed alias Sheikh Hasina Vs. State and another, 2010, 39 CLC (HCD)
....o.3 of 2008, now pending in the Court of Special Judge, Court No.1, Dhaka be quashed so far as it relates to the accused petitioner. Ed. This Case is also Reported in: 63 DLR (HCD) (2011) 162. ......ith the terms and conditions of the Request. For Proposal and 18 proposals were primarily accepted as being responsive. Though according to the report of the Tender Evaluation Committee Messrs New England Power Company Consortium (hereinafter called NEPC) was adjudged to be the lowest tariff propose......al Judge, Court No.1, Dhaka be quashed so far as it relates to the accused petitioner. Ed. This Case is also Reported in: 63 DLR (HCD) (2011) 162. ...... ধারায় ০১ (এক) টি এফ, আই, আর রুজু করার জন্য নির্দেশক্রমে অনুরোধ করা হল।” 8. We leave the question of according sanction for initiating any case under Anti Corruption Act, 2004 but questio..Category: Criminal Law | Date: | Hits: 156
....erve the notice at the cost of office.
We felt that the prayer is a cogent one and hence, resolved to accede to the same.
Jahangir Hossain J. - I agree.
Ed.
This Case is also Reported in:
......tho on 06.12.2010 on this illegal Construction. It has been reported that few powerful local musclemen under the leadership of the respondent no. 6, have been carrying on the construction work on the land adjacent to Mohasthangor, violating the provisions of law. It has been further stated that the ...... the prayer is a cogent one and hence, resolved to accede to the same.
Jahangir Hossain J. - I agree.
Ed.
This Case is also Reported in:
......nsive one and is quite progressive and that if the report is implemented, problem surrounding Mahastangor shall subside. He reiterated his emphasis for the protection of the Mahasthangarh.
26. The question we are to address is indeed an exceptionally susceptible one; whether or not we should pass..
Category: Property Law | Date: | Hits: 159
Nurul Amin Bhuiyan Vs. Bangladesh and others, 2011, 40 CLC (HCD)
....10.2010 and subsequent auctioning of the property in pursuance thereof, and also seeking direction upon Standard Bank Ltd., a private bank operating under the Bank Companies Act, to allow him to keep possession of his property on payment of the highest amount as quoted in the auction. 2. Petition......he above observation the Rule is discharged and the order of status quo passed at the time of issuing the Rule is vacated. Nazmun Ara Sultana J. - I agree. Ed. This Case is also Reported in: ......der of status quo passed at the time of issuing the Rule is vacated. Nazmun Ara Sultana J. - I agree. Ed. This Case is also Reported in: ......he above observation the Rule is discharged and the order of status quo passed at the time of issuing the Rule is vacated. Nazmun Ara Sultana J. - I agree. Ed. This Case is also Reported in: ..Category: Civil Law | Date: | Hits: 129
M Saleem Ullah Advocate Vs. Bangladesh, 2004, 33 CLC (HCD)
....eferendum nor it is ultra vires the Constitution. With these insights I fully concur with the decision already arrived at in this reference. Ed. This Case is also Reported in: 57 DLR (2005) 172. ......eferendum nor it is ultra vires the Constitution. With these insights I fully concur with the decision already arrived at in this reference. Ed. This Case is also Reported in: 57 DLR (2005) 172. ...... these insights I fully concur with the decision already arrived at in this reference. Ed. This Case is also Reported in: 57 DLR (2005) 172. ......ticle 142(1A) of the Constitution. Although the said Act was passed by the Parliament in disregard of its being unconstitutional the President assented to it on 28th March, 1996 without referring the question to a referendum as required under Article 142(1A) of the Constitution to ascertain and asse..Category: Constitutional Law | Date: | Hits: 215
State Vs. Innocent N Egbunine, 1994, 23 CLC (HCD)
....amination the witnesses deposed that he came to know from reliable source that condemned‑prisoner was a boarder in room No.14 and also stated that the room No.14 was unlocked on taking key from the possession of Mr. Innocent. Witness also stated that he has sent the sample of heroin for chemical e...... condemned‑prisoner Innocent N. Egbunine be transferred from the condemned cell to the cell meant for the convicts of like nature. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 460. ......ansferred from the condemned cell to the cell meant for the convicts of like nature. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 460. ......on record. 32. The learned Additional Sessions Judge also found, apart from the confessional statement that the prosecution has successfully connected the accused with the commission of offence in question by cogent evidence. 33. We are also of the view that the prosecution has been able to pr..Category: Criminal Law | Date: | Hits: 164
Shahidullah Patwary Vs. State, 1983, 12 CLC (AD)
....lleging that the latter had stolen away his tractor whereupon a Criminal Case being Case No.125 of 1974 was started in the Court of Sub-Divisional Magistrate, Chandpur and tractor was seized from his possession. The magistrate made over the tractor to the custody of the appellant who executed a bo......ismissed. The opinion expressed above will not, however, influence the decision of the trial Court in the case against the appellant. Ed. This Case is also Reported in: 35 DLR (AD) (1983) 281. ......not, however, influence the decision of the trial Court in the case against the appellant. Ed. This Case is also Reported in: 35 DLR (AD) (1983) 281. ...... No. 2. Criminal Appeal No.18 of 1982. (From the judgment and order dated 28-5-82 passed by the High Court Division in Criminal Revision No.38 of 1981) Judgment Shahabnddin Ahmed J.- The question involved in this appeal is whether a person who executed a bond for production of a prope..Category: Criminal Law | Date: | Hits: 111
Bakshu Mia Vs. Govt.of Bangladesh and others, 1977, 6 CLC (AD)
....nal or the High Court which calls for an interference. For the reasons, the appeal is dismissed, but we make no orders as to costs. Ed. This Case is also Reported in: 30 DLR (AD) (1978) 228. ......nal or the High Court which calls for an interference. For the reasons, the appeal is dismissed, but we make no orders as to costs. Ed. This Case is also Reported in: 30 DLR (AD) (1978) 228. ...... appeal is dismissed, but we make no orders as to costs. Ed. This Case is also Reported in: 30 DLR (AD) (1978) 228. ......Appeal No. 56 of 1977. (From the Judgment and Order dated the 11th January, 1977 passed by the High Court of Bangladesh in Writ Petition No.10 of 1977.) Judgment Kemaluddin Hossain J. - The question of applicability of section 494 of the Code of Criminal Procedure and its application to ca..Category: Criminal Law | Date: | Hits: 99
Chairman, National Board of Revenue, Bangladesh Vs. M/s. GMG Corporation Ltd., 1982, 11 CLC (AD)
....ent relating to deposit of title-deeds, pawn or pledge (No 6). Bottomry Bond (No.10). Mortgage of a Crop. (No.41), Respondentia Bond (No. 56), or Security Bond (No.57)— (a) When possession of the property or any part of the property comprised in such deed is given by the mort......Referred To- 21 Cal 241; Secretary to the Commission of Salt etc. Madras Vs. Mrs. Orr 38 Mad 646; Board of Revenue Vs. Sorrarazu, AIR 1976 Mad 1038 (FB); Mutual Property Insurance Co. Ltd. Vs. Inland Revenue Commissioner, 1926 All England Reports 493; Mad. B. P. 3011 R. Mis.; Inland Revenue Com......This Case is also Reported in: 35 DLR (AD) (1983) 262. ......e through a copy of the judgment written by my learned brother Badrul Haider Chowdhury, J. and the one written by my learned brother Shahabuddin Ahmed, J. I concur with that of the latter. 3. The question for consideration in this appeal is whether the mortgage deed submitted by the respondent..Category: Fiscal/Taxation Law | Date: | Hits: 269
Shafi Khan Vs. Mannujan Hossain and others, 1983, 12 CLC (AD)
....utory right of pre-emption. In his written objection to the pre-emption application it was claimed by the pre-emptee that the transfer by Abdul Bari Khan to his nephew was not followed by delivery of possessions of the land nor the consideration was paid, whereupon the vendor filed Title Suit No.3......471 of 1976) Judgment Shahabuddin Ahmed J.- In this appeal by special leave the question, which appears to be of great public interest, is whether the right of pre-emption is available when the land sought to be pre-empted has already been reconveyed to the vendor, particularly when the deed o...... the appeal. Ed. This Case is also Reported in: 35 DLR (AD) (1983) 225. ...... of 1982. (From the Judgment and order dated October 27, 1981 passed by the High Court Division in F.M.A. No. 471 of 1976) Judgment Shahabuddin Ahmed J.- In this appeal by special leave the question, which appears to be of great public interest, is whether the right of pre-emption is avail..Category: Property Law | Date: | Hits: 77
Sheikh Hasina Vs. Bangladesh, 2010, 39 CLC (HCD)
.... of Corruption Act 1947, is set aside, so far as the same relates to the instant Petitioner only. There is no order on cost. Borhanuddin J.- I agree. Ed. This Case is also Reported in: ......tions and others, 55 DLR (AD) 23; R Vs. Lowle, 1759 Judicial Review of Administrative Action, 4th Edition 584; Groenvelt Vs. Burwell, 1700 1 Ld. Raym 454; R Vs. Herefordshire Magistrate Court ex p Rowlands, 1998 QB 110; R Vs. Wandsworth JJ ex parte Read, 1942 1KB 281; Leech Vs. Deputy Governor of Pa......me relates to the instant Petitioner only. There is no order on cost. Borhanuddin J.- I agree. Ed. This Case is also Reported in: ...... to miraculously survive the diabolic holocaust of 15th August 1975, and to tarnish her image to the right thinking people world wide, initiated the said criminal case, the legality of which has been questioned by this petition. It has been asserted that since a decision arrived at with a mala fide ..Category: Criminal Law | Date: | Hits: 133
Md. Mohiuddin Chowdhury Vs. Rupali Bank Ltd. and others, 2011, 40 CLC (HCD)
.... without any order as to costs. Let a copy of the judgment be communicated at once to the concerned executing Court. Nazmun Ara Sultana J. - I agree. Ed. This Case is also Reported in: ...... without any order as to costs. Let a copy of the judgment be communicated at once to the concerned executing Court. Nazmun Ara Sultana J. - I agree. Ed. This Case is also Reported in: ......dgment be communicated at once to the concerned executing Court. Nazmun Ara Sultana J. - I agree. Ed. This Case is also Reported in: ......dvocate - for the respondents. Writ Petition No. 3664 of 2008. Judgment Md. Ruhul Quddus J. - This Rule Nisi, at the instance of a judgment debtor in a mortgage decree, was issued calling in question order dated 29.1.2008 passed by Artha Rin Adalat No.1, Chittagong in Artha Rin Execution Ca..Category: Civil Law | Date: | Hits: 129
..../s. Masood Reza and Co. (hereinafter referred to as "the firm") filed an application under Article 102 of the Constitution for directing the appellant and respondents No.4 to 8 to restore to them the possession, control and management of this firm in pursuance of an order of release of the same by t......bertson Vs. Minister of Pensions, (1948) 2 All. E.R.76M (1949) 1KB 227 and Howell Vs. Falmouth Boat Construction Ltd. (1951)2 All E.R.278; Wells and others Vs. Minister of Housing etc (1967) 2 All England; Leaver Finance Ltd. Vs. Westminster (City) London, Borough Council (1970) 3 WLR 732.
Lawyer......Order of the Court.
The appeals are dismissed.
Ed.
This Case is also Reported in: 30 DLR (AD) (1978) 169.
......locus standi to dispute the validity of the orders made or the directions given by the Government of Bangladesh.
11. Mr. S.R. /Pal, Counsel for the appellant, submitted that once the property in question vested in the Government according to the provisions of the Abandoned Property Order, 1972,..
Category: Others | Date: | Hits: 154
Nur Banu Vs. Noor Mohammad and others, 1983, 12 CLC (AD)
....uted by both the lessor and the lessee". The point, it would appear, is well taken. The appeal is dismissed. No order as to costs. Ed. This case is also reported in: 35 DLR (AD) (1983) 182. ...... Judgment Fazle Munim CJ. - This appeal arises out of a suit for ejectment, being Title Suit No. 115 of 1960 in the 1st Court of Munsif, Dhaka. The appellant, Nur Banu, took pattan of the suit lands from Nurun Nahar Bibi, predecessor-in-interest of the respondents, by executing a registered k...... This case is also reported in: 35 DLR (AD) (1983) 182. ......as to vacate had been given more than six months earlier, it was, according to the learned Counsel, defective and the appellant was not bound to vacate the premises. 8. In answering the incidental question which cropped up during the course of arguments as to whether the appellant can at all ra..Category: Property Law | Date: | Hits: 103
Alhaj Md. Chowdhury Alam and others Vs. Md. Nasiruddin Shah and others, 2004, 33 CLC (AD)
.... above, we do not find any substance in the submission of the learned Counsel for the petitioner. The petition is, accordingly, dismissed. Ed. This Case is also Reported in: ......father of the writ petitioner developed the Waqf Estate by constructing a multi-storied market building and allotted the same to different shop keepers who are the tenants of the Waqf Estate and some land are lying vacant behind the said market building and another market building could be construct......l) Present: Mohammad Fazlul Karim J MA Aziz J Amirul Kabir Chowdhury J Alhaj Md. Chowdhury Alam and others………………..Petitioners (In all the petitions) Vs. Md. Nasiruddin Shah and others……………………………..Respondents Judgment November 6, 2004. ...... above, we do not find any substance in the submission of the learned Counsel for the petitioner. The petition is, accordingly, dismissed. Ed. This Case is also Reported in: ..Category: Trust/Waqf Law | Date: | Hits: 148
....ion made by Mr. Afric."
Accordingly, we do not find any substance in the submission of the learned Counsel for the petitioner.
The petition is dismissed.
Ed.
This Case is also Reported in: ......ion made by Mr. Afric."
Accordingly, we do not find any substance in the submission of the learned Counsel for the petitioner.
The petition is dismissed.
Ed.
This Case is also Reported in: ......n of the learned Counsel for the petitioner.
The petition is dismissed.
Ed.
This Case is also Reported in: ......required under rule 3 of the Declaration Alteration of Municipal Rules 1978 inviting objection and suggestion from local inhabitants in respect of area of Khanepur Mouza for inclusion of the area in question (Khenapur Mouza) into newly declared Palash Pourashava as an urban area for inclusion there..
Category: Election Law | Date: | Hits: 190
Rabiul Alam and another Vs. Sree Bidhan Kumar Deb, Advocate, 1997, 26 CLC (HCD)
....sued notice under section 106 and 111 of the Transfer of Property Act by registered post to the defendant through their lawyer determining the relationship of landlord and tenant and demanding vacant possession of the suit premises on the expiry of the Month of September, 1982. The defendant receive......tly became an advocate. The plaintiffs issued notice under section 106 and 111 of the Transfer of Property Act by registered post to the defendant through their lawyer determining the relationship of landlord and tenant and demanding vacant possession of the suit premises on the expiry of the Month ......n Kumar Deb, Advocate………………………Opposite Party Judgment August 12, 1997. Result: The Rule is made absolute. Cases Referred to- Afroza Bewa and others Vs. Md. Jalaluddin Pramanik, 48 DLR (AD) 205; Abdus Sattar Vs. Mohiuddin, 38 DLR (AD) 97=1986 BLD (AD) 224; B Kunwar......ntiffs as his landlords, that there was no relationship of landlord and tenant between the parties that the suit was bad for defect of parties, and that the suit was not maintainable as a complicated question of title was involved in the suit and thus decided almost all the vital issues against the ..Category: Procedural Law | Date: | Hits: 74
Babar Ali Prodhan Vs. Kinu Mia and others, 1979, 8 CLC (AD)
....al is allowed without any order as to costs. The judgment of the High Court is set aside and that of the Court of appeal below restored. Ed. This Case is also Reported in: 31 DLR (AD) (1979) 323.......of rent due to him and a decree was passed in the said rent suit in his favour. The decree was put in execution in Rent Execution Case No.23 of 1962 and in pursuance of the said rent execution case land appertaining to C.S Khatian No.65 of Mouza Bara-Gopinathpur, P.S Pirganj, District Rangpur, w......ourt is set aside and that of the Court of appeal below restored. Ed. This Case is also Reported in: 31 DLR (AD) (1979) 323....... in auction on 3.1.63. Thereafter, the Respondent 1 one of the judgment-debtors filed an application for setting aside the auction sale held on 3 1.63. The application for setting aside the sale in question was resisted by the appellant decree-holder. The learned Munsif allowed the application and..Category: Property Law | Date: | Hits: 60
Omed Ali Sikder Vs. Arman Sikder and others, 1979, 8 CLC (AD)
....Section 115 of the Code of Civil Procedure before the High Court Division but it was summarily rejected on the ground that the move taken by the appellant was for delaying the proceedings as he is in possession of the properties. 3. Against this order leave was granted to examine the contention r......ties had been possessing their respective shares amicably necessity of final decree did not arise and as such application for drawing up of final decree became necessary because in the meantime the landlords interests were acquired by the Government and the revisional settlement operation started.......pose of the matter in the light of the observations made above. Ed. This Case is also Reported in: 31 DLR (AD) (1979) 320.......ject of the prayer for amendment of the decree is to delay the proceeding. 6. The proceedings in a partition suit subsists till passing of the final decree. By the preliminary decree only disputed question of title, if any and extent of share of the parties along with the question of possession..Category: Property Law | Date: | Hits: 78
Babul Chandra Biswas and others Vs. Dina Bandhu Chowdhury and others, 1979, 8 CLC (AD)
....ial Court but on appeal the prayer was rejected by the Court of appeal below and on revision the learned Single Judge has without reversing the finding of the first appellate Court on the question of possession granted, temporary injunction and directed early disposal of the suit and this order is......ll that need be said in this appeal is that the plaintiffs instituted, a suit for permanent injunction and prayed for temporary injunction. The defendants and the plaintiffs both claim title to the land by purchase and their rival purchase is in dispute. It being a suit for permanent injunction th......rt Division for expeditious disposal of the suit is maintained. Ed. This Case is also Reported in: 31 DLR (AD) (1979) 319. ......ed by the trial Court but on appeal the prayer was rejected by the Court of appeal below and on revision the learned Single Judge has without reversing the finding of the first appellate Court on the question of possession granted, temporary injunction and directed early disposal of the suit and t..Category: Property Law | Date: | Hits: 78
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