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Nurul Islam and others Vs. Arif Ullah and others, 2012, 41 CLC (HCD)
....ears from the record, are that the petitioners instituted a suit for perpetual injunction for restraining the opposite parties from dispossessing them from the suit land and disturbing their peaceful possession over the same in any manner. Their case, in brief, is that they are the owners-in-possess......for disposal of the Rule, as it appears from the record, are that the petitioners instituted a suit for perpetual injunction for restraining the opposite parties from dispossessing them from the suit land and disturbing their peaceful possession over the same in any manner. Their case, in brief, is ......12. Result: The Rule is discharged. Lawyers Involved: No one appears - for either of the parties. Civil Revision No. 9386 of 1991. Judgment Md. Ruhul Quddus J. - This Rule at the instance of the plaintiff-respondents was issued on an application under section 115 of the Code of ...... No. 9386 of 1991. Judgment Md. Ruhul Quddus J. - This Rule at the instance of the plaintiff-respondents was issued on an application under section 115 of the Code of Civil Procedure calling in question the legality of judgment and order dated 29.9.1983 passed by the Subordinate Judge, Habigan..Category: Property Law | Date: | Hits: 70
Md. Shahar Ali and others Vs. Sree Sailesh Chandra Sen and others, 2012, 41 CLC (HCD)
....it No. 176 of 2002 before the Senior Assistant Judge, Sadar, Sherpur for perpetual injunction restraining the defendant-petitioners from entering into the suit land and from disturbing their peaceful possession therein. Their case, in brief, is that the suit land originally belonged to Sree Ganga Ch......ty Nos.1 and 2 instituted Other Class Suit No. 176 of 2002 before the Senior Assistant Judge, Sadar, Sherpur for perpetual injunction restraining the defendant-petitioners from entering into the suit land and from disturbing their peaceful possession therein. Their case, in brief, is that the suit l.............Petitioners Vs. Sree Sailesh Chandra Sen and others................Opposite Parties Judgment March 7, 2012. Result: The Rule is discharged. Lawyers Involved: Nahid Yeasmin, Advocate - for the petitioners. Mohammad Abdullah, Advocate - for opposite party Nos.1-2. ...... Abdullah, Advocate - for opposite party Nos.1-2. Civil Revision No. 3832 of 2003. Judgment Md. Ruhul Quddus J. - This Rule at the instance of the defendant-petitioners was issued calling in question the legality of judgment and order dated 25.3.2003 passed by the Additional District Judge,..Category: Property Law | Date: | Hits: 84
Md. Rejaul Haque @ Ezaul Vs. State, 2011, 40 CLC (HCD)
....spectively, these witnesses in their deposition denied the alleged recovery of arms in their presence and were declared hostile from which it is crystal clear that prosecution has failed to prove the possession and control along with recovery of the alleged arms by adducing disinterested and indepen......ed in any other case. Send down the Lower Court Records along with a copy of this judgment and order at once. Md. Afzal Hossain Ahmed J. - I agree. Ed. This Case is also Reported in: ......rt Records along with a copy of this judgment and order at once. Md. Afzal Hossain Ahmed J. - I agree. Ed. This Case is also Reported in: ...... “P.W.12 investigating officer in his testimony stated that বি ডি আর ক্যাম্পের নিকট গাড়ী রাখিয়া যায়।” “P.W.1 in reply to a question of defence admitted that "আমি ঘরের ভিতরে ঢুকি নাই। ..Category: Criminal Law | Date: | Hits: 95
Mahbub-ul-Alam Md. (Minor) and another Vs. Md. Alimuddin Karikor, 2009, 38 CLC (HCD)
....hose dated 10-3-2005 passed by the learned Senior Assistant Judge, in-Charge, Shyamnagar, Satkhira in Title Execution Case No. 1/2003 directing the defendant-judgment-debtor-opposite party to restore possession of the land in the decree to the plaintiff-decree-holder-petitioners should not be set as......05 passed by the learned Senior Assistant Judge, in-Charge, Shyamnagar, Satkhira in Title Execution Case No. 1/2003 directing the defendant-judgment-debtor-opposite party to restore possession of the land in the decree to the plaintiff-decree-holder-petitioners should not be set aside. 2. Facts r......held. Ed. This Case is also Reported in: 15 BLC (HCD) (2010) 76. ...... judgment and order dated 9-4-2007 passed by the Revisional Court below is hereby set aside and that of the Executing Court is upheld. Ed. This Case is also Reported in: 15 BLC (HCD) (2010) 76. ..Category: Civil Law | Date: | Hits: 100
Md. Masuk Miah and others Vs. Md. Foyzur Rahman and others, 2012, 41 CLC (AD)
....enumbered as Title Suit No.67 of 1999, for declaration of title by purchase over the land described in the second schedule which is within the first schedule land described in the plaint and for khas possession upon removal of all impediments. 3. The plaintiffs' claim is that the land described i......Title Suit No.67 of 1999 decreeing the suit. 2. The plaintiffs filed Title Suit No.46 of 1993, which was later renumbered as Title Suit No.67 of 1999, for declaration of title by purchase over the land described in the second schedule which is within the first schedule land described in the plain......stay granted earlier is extended till disposal of the appeal. Ed. This Case is also Reported in: 9 ADC (2012) 242....... prepare the paper books out of Court in accordance with Rule. The order of stay granted earlier is extended till disposal of the appeal. Ed. This Case is also Reported in: 9 ADC (2012) 242...Category: Property Law | Date: | Hits: 87
Zillul Haq and others Vs. Maloti Bala Dey & others, 1998, 27 CLC (HCD)
....ase No.20 of 1976 by the ADC (Revenue) Sylhet are illegal and without jurisdiction and also for a permanent injunction restraining the defendant-opposite parties from interfering with her peaceful possession in the suit property. 2. The plaintiffs case, in short, is that, except the land cover......so for a permanent injunction restraining the defendant-opposite parties from interfering with her peaceful possession in the suit property. 2. The plaintiffs case, in short, is that, except the land covered by Khatian Nos. 399 and 445 the remaining portion of the suit property belonged to Bino......d, Advocate - For the Petitioner. Idrisur Rahman, Advocate - For the Opposite Party Nos. 41 and 42. Civil Revision No. 2330 of 1997. Judgment Gour Gopal Saha J.- This Rule is directed against the Judgment and decree dated 12-9-1996 passed by the Additional District Judge, 1st Court, Sy......n in 1947 and became permanent citizens of India and, as such, the suit property has become enemy property and subsequently vested property by operation of law. It was also contended that the will in question is false and fabricated and the plaintiff has no interest and possession in any portion of ..Category: Property Law | Date: | Hits: 88
Abul Kashem Vs. State, 1997, 26 CLC (HCD)
....prosecution case the appellant cannot be convicted under the provision of the Arms Act as the prosecution did not prove that the place wherefrom the gun and ammunition were recovered was in exclusive possession of the appellant. He further submits that the place of recovery is a public place and obv......d. Impugned conviction and sentence as aforesaid are set aside. Appellant Abul Kashem @ Kasum @ Kashu is discharged from his bail bond. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 356.......id are set aside. Appellant Abul Kashem @ Kasum @ Kashu is discharged from his bail bond. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 356.......d. Impugned conviction and sentence as aforesaid are set aside. Appellant Abul Kashem @ Kasum @ Kashu is discharged from his bail bond. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 356...Category: Criminal Law | Date: | Hits: 94
Chandi Proshad Dhar Vs. Bibha Rani Dhar & Others, 1996, 25 CLC (HCD)
.... substance in this Rule. The Rule is discharged without cost. Order of stay passed at the time of issuance of the Rule is hereby vacate Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 355....... substance in this Rule. The Rule is discharged without cost. Order of stay passed at the time of issuance of the Rule is hereby vacate Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 355.......or the Opposite Party No.1. S N Goswami, Advocate - For the Opposite Party No.2. Civil Revision No.2060 of 1995. Judgment Mohammad Gholam Rabbani J.- This Rule has arisen out of the following circumstances: One Birendra Kishore Dhar constituted a Will in favour of his wife Sreemati Bi...... Rule. 4. Mr. Gour Gopal Saha, learned Advocate for the opposite parties, in reply submits that a person can only be added in terms of the said clause (c), if he claims interest in the property in question through the testator and cites a decision reported in 35 DLR (AD) 254. 5. Admittedly pet..Category: Property Law | Date: | Hits: 70
Halima Jaman and other Vs. Government of Bangladesh, 1998, 27 CLC (HCD)
....s earnest money. It was stipulated that A Sattar Solaiman would execute and register the sale deed in favour of plaintiff Asaduzzaman. It is the case of the plaintiff that A Satter Solaiman delivered possession of the property in his favour on 14-10-1971. A deed of sale having not been executed and ...... 1 of the CPC. We find no merit in this application for review. The Rule is accordingly discharged without any order as to costs. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 352. ......…………………Respondent Judgment April 20, 1998. Result: The Rule is discharged. Cases Referred To- Government of West Pakistan Vs. Gulzar Mohammad, 21 DLR (SC) 46; Buxly Paints (Bangladesh) Ltd. Vs. Bangladesh, 31 DLR (AD) 266; Asaduzzaman Vs. Bangladesh, 36 DLR (AD) 108;......idence must have a material bearing on the merits of the case. Otherwise, the Court will not permit discovery of the new important matter or evidence to be used for review of the Judgment. 10. The question is: Does the death certificate of Abdus Satter Solaiman indicating his death on 10-12-1973 ..Category: Property Law | Date: | Hits: 89
Shefali Rani and others Vs. Makhan Chandra Das and others, 1990, 19 CLC (HCD)
....tered in the Sub-Registry office, at Begumganj, Noakhali. Admittedly, the property is situated within the territorial jurisdiction of the Sub-registrar, Laxmipur, Noakhali. 4. Plaintiffs admit the possession of the defendant 1 in some portion of the suit land. But their plea is that the defendant......by the impugned judgment and decree dated 18-7-90 by the Subordinate Judge 1st Court, Lakshmipur. 3. The relevant facts of the case is that the property in dispute comprising an area of 0.35 acres land belonged admittedly to Subal alias Suddhannaya. He gifted the property to his wife Barada Sunda......han Chandra Das and others………………………Opposite Party Judgment February 19, 1990. Result: The Rule is made absolute. Cases Referred to- Anwar and others Vs. Abul Hossain Molla and others, 44 DLR 79; Hachina Begum and others Vs. Mosammat Mahfuza Akhter and another, 16......In a litigation of this nature the original documents should have been filed to prove the genuineness of the documents. Now it is to be decided whether on the admitted facts, namely, that the land in question is situated within Laxhmipur Sub-registry the Begumganj Sub-registrar had jurisdiction to r..Category: Procedural Law | Date: | Hits: 105
Maudud Vs. State, 1998, 27 CLC (HCD)
.... having been convicted under section 19(f) of the Arms Act, 1878. 2. Perused the application and heard the learned Advocate who contended that then is no requirement of holding any licence for the possession of a “dagger” for which the appellant was found guilty. Referring to rule 30 of the A......mitting robbery and demanded key of the cash box. In view of the same we find no merit in the application for bail which is rejected. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 347. ......ox. In view of the same we find no merit in the application for bail which is rejected. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 347. ......provisions of the parent Act made by the legislature and, as such, any Rule made in derogation of the provision of the parent Act is void. Since Rule 30 is not the appropriate Rule in this respect no question of its validity arises. 6. In view of the same we find no merit in the contention of the..Category: Criminal Law | Date: | Hits: 87
Mokthar Masum Abedin and others Vs. Nironjan Kumar Mondol and others, 1997, 26 CLC (HCD)
....he order dated August 2, 1993 passed by the learned Assistant Judge, Sathkhira in Title Suit No.4 of 1991 refusing to implead them as defendants in a Suit for declaration of title and confirmation of possession and also a declaration that kabala deeds dated 7-4-1942 and 23-2-1943 and Danpatra deeds ...... in the suit. The defendant Nos. 1, 2 and 19 have been contesting the suit by presenting written statement. The petitioners by way of several kabala deeds dated July 19, 1993 purchased 20.42 acres of land from defendant Nos. 1, 2, 11, 13, 19, 20 and 21 during the pendency of the Suit. 3. The peti......s vacated. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 341.......site Party No.1. Civil Revision No. 2247 of 1993. Judgment AK Badrul Huq J.- By this application under section 115(1) of the Code of Civil Procedure, the pendente lite-transferee-petitioners question the propriety of the order dated August 2, 1993 passed by the learned Assistant Judge, Sath..Category: Procedural Law | Date: | Hits: 74
Ziauddin Ahmed Vs. Bangladesh,1994, 23 CLC (HCD)
.....92 issued by the respondent No. 1 under the signature of respondent No. 3 to be without any lawful authority and is of no legal effect. Ed. This Case is also Reported in: 47 DLR (HCD) (1995) 29........92 issued by the respondent No. 1 under the signature of respondent No. 3 to be without any lawful authority and is of no legal effect. Ed. This Case is also Reported in: 47 DLR (HCD) (1995) 29....... of respondent No. 3 to be without any lawful authority and is of no legal effect. Ed. This Case is also Reported in: 47 DLR (HCD) (1995) 29.......Hossain Vs. Government of Bangladesh, reported in 44 DLR 39. From this case it appears that the facts of the case relate to revocation of passport. However, it appears that the Court while discussing question of revocation or cancellation of passport also discussed the question of refusal to grant p..Category: Constitutional Law | Date: | Hits: 238
Mayurer Nessa and others Vs. Julekha Khatoon and others, 1994, 23 CLC (HCD)
....efendant Nos. 20‑23 are purchasers from the said defendants. Plaintiffs claimed partition on the ground that there was no partition by metes and bounds and taking advantage of wrong entry regarding possession in the CS khatian the defendants had been disturbing their possession. On such allegation......ted the suit by filing a joint written statement denying material allegations and stating that the suit property originally belonged to their predecessor Alabuddin who took lease of the same from the landlord on the basis of kabuliyat and patta from the landlord Gouri Pria Debi at an annual jama of ...... and others...............................Appellants Vs. Julekha Khatoon and others............................Respondents Judgment November 21, 1994. Result: The appeal is allowed in part. Lawyers Involved: Amir Hossain with Farzana Hoque, Advocates ‑ For the Appellants. ......ees of the Courts below are modified and the suit is decreed in part in preliminary form in terms of compromise petition dated 4.3.1964. Ed. This case is also Reported in: 47 DLR (HCD) (1995) 26...Category: Procedural Law | Date: | Hits: 85
Santosh Kumar Paul Vs. Nuruddin Ansari, 1993, 22 CLC (HCD)
....ed the suit of the present plaintiff‑respondent in full allowing specific performance of the contract and dismissing the other suit of the present appellant for declaration of title and recovery of possession of the suit land. 3. The present appellant Santosh Kumar Paul as plaintiff instituted ......ent plaintiff‑respondent in full allowing specific performance of the contract and dismissing the other suit of the present appellant for declaration of title and recovery of possession of the suit land. 3. The present appellant Santosh Kumar Paul as plaintiff instituted Title Suit No. 221 of 1......) (1995) 70.......ocate for the appellants, Mr. Nurul Haque, the learned Advocate for the plaintiff‑respondent however argued that the submissions made by the learned Advocate for the appellant relates mainly to the question of facts as to whether the Bainapatra was genuine or not. He further submits that the alleg..Category: Procedural Law | Date: | Hits: 129
Lt. Cdr (Retd) AHM Mahmud Vs. Masud Ahmed, 2010, 39 CLC (HCD)
.... the petitioner within 3(three) months from receipt of a copy of this judgment. Let a copy of this judgment be communicated at once. Ed. This Case is also Reported in: 63 DLR (HD) (2011) 149. ......e is not entitled to back salary. In this regard he refers to the decision in the case of The High Trees case (Central London Property Trust Ltd. Vs. High Trees House Ltd. [1947] 1 KB 130). Where the landlord of the flats was not allowed to claim full rent for the months when the flats remained empt...... a copy of this judgment. Let a copy of this judgment be communicated at once. Ed. This Case is also Reported in: 63 DLR (HD) (2011) 149. ......The petitioner points out that the language of the letter clearly shows the ill motive and mala fide of the MD, contemnor No.1 in seeking to take action against the GM. He submits that there was no question of taking any action against the GM, when the matter in hand was the joining letter of th..Category: Employment/Service Law | Date: | Hits: 156
Abdus Sattar and another Vs. Md. Ali Hossain Prodhan, 2009, 38 CLC (HCD)
....er as to cost. The order of stay granted earlier by this Court stands vacated. Office is directed to communicate the order at once. Ed. This Case is also Reported in: 63 DLR (HD) (2011) 147.......er as to cost. The order of stay granted earlier by this Court stands vacated. Office is directed to communicate the order at once. Ed. This Case is also Reported in: 63 DLR (HD) (2011) 147.......) 147.......titioners. No one appears—For the Opposite party. Civil Revision No. 489 of 2007. Judgment SM Ziaul Karim J.- This Rule at the instance of defendant respondent petitioners, calls in question the legality and propriety of the order dated 27-9-2006 passed by learned Special District ..Category: Civil Law | Date: | Hits: 95
Obaidullah Khondaker (Sohel) Vs. Government of Bangladesh and others, 2010, 39 CLC (HCD)
....judgment. Let a copy of this Judgment be immediately transmitted to each of the respondents for information and necessary action. Ed. This Case is also Reported in: 63 DLR (HD) (2011) 144.......dents to show cause as to why the action of the respondents in not allowing the petitioner to carry out his leasehold right by extracting ordinary stone using no heavy machinery from 30 hectares of land in Mouza Balabari, Lohakachi and Majheepara within Upazila-Tetulia, District-Panchagar should n......ly transmitted to each of the respondents for information and necessary action. Ed. This Case is also Reported in: 63 DLR (HD) (2011) 144.......judgment. Let a copy of this Judgment be immediately transmitted to each of the respondents for information and necessary action. Ed. This Case is also Reported in: 63 DLR (HD) (2011) 144...Category: Property Law | Date: | Hits: 66
Abul Hasnat Md. Belal Vs. Md. Alauddin and others, 2008, 37 CLC (HCD)
.... the said suit land to the plaintiff by a registered Kabala deed dated 26-5-1997. The plaintiff is enjoying and possessing the suit land after mutating his name. Defendants have no right, title and possession in the suit land. The defendants are claiming title over adjacent land of said Khatian bu......intiff instituted Title Suit No.41 of 2000 in the first Court of Joint District Judge, Chittagong, impleading the petitioner and opposite party Nos.2-6 as defendants for declaration of title in the land described in the schedule of the plaint and for permanent injunction. 3. The plaintiff case ......) 141.......al-ul-Alam, Advocate—For the Petitioner. Rabi Shankar Chakraborty, Advocate—For the Opposite Party No.1. Civil Revision No.1443 of 2002. Judgment SM Ziaul Karim J.- This Rule calls in question the legality and propriety of the judgment and order dated 17-1-2002 passed by the learne..Category: Procedural Law | Date: | Hits: 90
Ataur Rahman (Md.) Vs. Bangladesh and others, 2010, 39 CLC (HCD)
....is still in seisin of the matter. Consequently, the prayer for certificate is rejected. Ed. This Case is also Reported in:62 DLR (HCD) (2010) 329; 30 BLD (HCD) (2010) 154. ......itrary malafide and ultra vires the Constitution. 6. In the supplementary-affidavit filed on behalf of the petitioner, it has been averred that different countries like Canada, Australia, England and Sri Lanka have made Warrants of Precedence considering their respective Constitutions and l......s also Reported in:62 DLR (HCD) (2010) 329; 30 BLD (HCD) (2010) 154. ...... both District Judges and Deputy Commissioners have been placed together at the same serial number 24 in the Table of the Warrant of Precedence. The subjective satisfaction of the authority cannot be questioned in respect of placement of the persons in the said Table. 15. At the outset, Mr...Category: Constitutional Law | Date: | Hits: 270
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