Search Options
Judgment Advanced Search
Displaying 2801-2820 of 3784 results.
Shafiullah and others Vs. Sultan Ahmed Mir, 1985, 14 CLC (AD)
.... takes place if a co-sharer landlord acquires the raiyati interest under him and his other co-sharer landlords. As to sub-section (3), it prohibits an ijaradar or revenue farmer from acquiring any occupancy right………..(10) The Bengal Tenancy Act, 1885 (VIII of 188...... Ahmad ullah Dewanji. This Howla was under a Sikimi Taluk known as "Taluk Akber Chowdhury" which was recorded as Touzi No.302 of Pargana Tora of the Comilla Collcctorate. At a later stage the Touzi was renumbered, because of an arrangement between the co-sharers landlords, as......h Munshi. Case of the plaintiffs is that by the Revenue-sale their raiyati interest was not affected, that the Jamabandi on the basis of the annulment is void and consequently, all subsequent proceedings and actions, such as the Certificate sale, followed by series of transfers from th..Category: Property Law | Date: | Hits: 55
Syed Amir Hossain Vs. Mrs. Nadera Rahman, 1985, 14 CLC (AD)
....ing her application under section 115 C.P.C. to an application under section 32(3) of the Waqf Ordinance. In view of fact that the scope of revision under both the Laws being same there is hardly any difficulty to treat the revisional application filed under the Civil Procedure Code as that un......e set aside and that of the District Judge is restored. In the circumstances of the case we however do not make any order as to costs. Ed. This Case is also Reported in: 37 DLR (AD) (1985) 184....... (3) of the Waqf Ordinance, 1962, which is a special law, having long existed, the respondent might invoke provision of section 14 of the Limitation Act for excluding the time that was spent in other proceedings in wrong forum. But the appellant being found negligent in prosecuting the other proceed..Category: Procedural Law | Date: | Hits: 112
Mrs. Malekha Khatun and others Vs. Md. Abul Kashem & ors., 1985, 14 CLC (AD)
....ection 87(1) does not depend upon Collector's discretion. But if the landlord enters upon the holding by serving a notice, the raiyat may file a suit for recovery of possession of the land at any time not later than expiration of two years from the date of publication of the notice. The ori......of the owner fell through. He resisted the plaintiffs' possession for a time and the plaintiffs unsuccessfully brought a criminal proceeding against him under section 144 Cr.P.C. It is at this stage that defendant Nos.1 and 2 appeared on the scene and claimed possession on the basis of the s......id any rent the borgader’s claim of possession on behalf of the owner fell through. He resisted the plaintiffs' possession for a time and the plaintiffs unsuccessfully brought a criminal proceeding against him under section 144 Cr.P.C. It is at this stage that defendant Nos.1 and 2 ap..Category: Property Law | Date: | Hits: 32
Ali Jan Khan & others Vs. Bangladesh, 1984, 13 CLC (AD)
....ed revisional application before the High Court Division. The learned Single Judge after hearing the parties noticed the averments made in the plaint and concluded that the plaintiffs have not raised any objection about the non-specification of the land in their plaint, nor it was denied that they ...... that no contempt had been committed and the petition is therefore dismissed. The order of this court dated 31.10.84 is hereby vacated. Ed. This Case is also Reported in: 37 DLR (AD) (1985) 161.......lic purpose and the land has been requisitioned for private purpose at the behest of Mutwalli on the plea of facilitating free access of the visitors to the holy Dargah Sharif; that the requisition proceeding in the name of Chittagong Municipality Corporation as requiring body is a mere device for..Category: Property Law | Date: | Hits: 55
Mahbubur Rahman Sikder and others Vs. Mujibur Rahman Sikder and others, 1983, 12 CLC (AD)
....y the Appellate Division of the Supreme Court. Rule 26 prescribes 30 days for filing a review petition. The power to review is derived from the Constitution, so this power cannot be restricted in any manner whatsoever except by what has been provided in the Constitution itself. Since the power t...... above variations in the judgment of this Court passed in the aforesaid appeals on July 13, 1982 the judgment will remain operative. Ed. This Case is also Reported in: 37 DLR (AD) (1985) 145. ......and for the appointment of a Receiver, while Mujibur Rahman Sikder filed Title Suit No.16 of 1981 for temporary injunction restraining Mahbubur Rahman Sikder and the other partners of the firm from proceeding with Title Suit No. 371 of 1980. The suits were heard together and by his order dated Jun..Category: Constitutional Law | Date: | Hits: 149
Kalipada Saha Vs. State, 1985, 14 CLC (AD)
....he licencing authority or an officer authorised by him in this behalf." Since it is non-cognizable offence a Police Officer cannot arrest without warrant nor he can investigate any such non cognizable offence. Section 155(2) Cr P.C. as under: "No police- officer sha......Court of Begum Asma, Hannan, Upazila Magistrate, Kushtia transferred to the Drug Court at Dhaka for trial and disposal. Ed. This Case is also Reported in: 37 DLR (AD) (1985) 135. ......court other than a Drug Court shall try the offence (in) no Drug Court shall take cognizance of an offence except on a report in writing made by the Licencing Authority. It is contended that entire proceeding before the learned Magistrate is without jurisdiction as such the case should be t..Category: Criminal Law | Date: | Hits: 59
Bangladesh Vs. KM Zaker Hossain and others, 2002, 31 CLC (AD)
....essee Mr. Wali Mohammad and his two brothers including Abdur Rahman left erstwhile East Pakistan for the then West Pakistan leaving behind the case property as well as other properties without making any arrangement for its management and possession, that the so called deed of agreement was executed...... and order of the High Court division dated August 31, 1977 in writ petition no. 41 of 1973 is set aside. The appellant shall get costs. Ed. This Case is also Reported in: I ADC (2004) 371.......igh court Division was not well founded in setting aside the judgment and order dated December 24, 1992 of the court of settlement passed as regarded the property in question in case No. 397 of 1989 proceeding upon the premises of question of the possession of the property by the respondent No.1 an..Category: Property Law | Date: | Hits: 40
Bangladesh Vs. Abul Kaiser Chowdhury and others, 1984, 13 CLC (AD)
....nbsp; "We therefore, hold that as in substance the name of the defendant No.1 appears in the plaint the present description is only a clerical mistake which can be amended at any time without any prejudice to the plaintiff and for the ends of justice we...... reason to take a different view. In this view of the matter the appeal is allowed. The suit is dismissed. No order as to costs. Ed. This Case is also Reported in: 37 DLR (AD) 85. ......itution of Abul Kaiser Chowdhury as Mutwalli does not arise. It is the same person who had been brought on record and only by a technical rule procedure an attempt has been made to prolong the proceeding. It is well settled that when a party respondent in appeal dies and one of his legal re..Category: Trust/Waqf Law | Date: | Hits: 193
Jarina Khatun & ors. Vs. Pulin Chandra Das and others, 1984, 13 CLC (AD)
....ns to file the suit. 5. Suit is not maintainable under section 83 of the Code of Civil Procedure and is also barred under section 42 of the Specific Relief Act. Mere declaration without any prayer for consequential relief on payment of ad valorem court fee cannot be entertained. ......he Limitation Act which bars such amendment, and whether such amendment for cancellation of the partition deed being barred under the Limitation Act can be allowed at the appellate stage. 9. Mr. M. Nurullah Counsel for the defendant, appellants, submitted that in case the ......ection the learned Counsel also referred to the provisions of Order 6 Rule 17 of the Code of Civil Procedure. These provisions are as follows: ''The Court may at any stage of the proceedings allow either party to alter or amend his pleadings in such manner and on such terms as..Category: Property Law | Date: | Hits: 38
Alex & Simon International Ltd. Vs. Yasmin Bashar & others, 2007, 36 CLC (AD)
.... Division upon correct assessment of the materials on record arrived at a correct decision. The petition is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 359. ...... Division upon correct assessment of the materials on record arrived at a correct decision. The petition is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 359. ......nd other connected papers. 5. The High Court Division after hearing the learned Counsel for the parties and considering the materials on record discharged the Rule on the ground that no proceeding has been drawn up under Section 145 of the Code of Criminal Procedure and the initial or..Category: Criminal Law | Date: | Hits: 45
Akbar Ali and others Vs. Mosammat Rabeya Sultana (Koli) and another, 2007, 36 CLC (AD)
.... In view of our discussions as above we find no substance in this petition and accordingly the petition is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 355. ......earned Advocate-on-Record and perused the judgment of the High court Division and other papers on record. 7. It appears that the accused petitioners moved the High Court Division at a stage when some of the accused were absconding and no cognizance of the case was taken by the ......rs dated 11.01.2005 passed by a Division Bench of the High Court Division in Criminal Miscellaneous Case No. 4612 of 2004 discharging the Rule and thereby vacating the order of stay of all further proceedings of G.R. Case No. 1289(2)03 arising out of Mymensingh Kotwali Police Station Case No.30 ..Category: Criminal Law | Date: | Hits: 45
Md. Jasimuddin Sarker Vs. State, 2008, 37 CLC (AD)
....that the petitioner has purchased the property by saf-kabala deed from the decree-holder who obtained saf-kabala deed through Court in an execution proceeding; that the Government did not file any appeal against the said judgment and decree. Therefore, the instant proceeding is against...... above, the submission of the learned Advocate-on-Record deserves no consideration. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 349. ......the High Court Division in Criminal Miscellaneous Case No. 6097 of 2002 discharging the Rule the arising out of an application under Section 561A of the Code of Criminal Procedure for quashing the proceeding of Special Case No. 1 of 2001 of Kotwali P.S. Case No. 19(11) of 1994 under Section 420/..Category: Criminal Law | Date: | Hits: 64
Abu Sayeed Sheikh alias Abu Sayeed and another Vs. State, 2008, 37 CLC (AD)
....n of the victim and the bhela blow inflected by the petitioner No.2 caused incised wound in the medical aspect of and middle part of left thigh of the victim and the defence failed to create any crack in their evidence and the evidence of the doctor P.W. 1 showed that the victim died ......rial the prosecution examined 13 P.Ws. and the defence examined none. The defence case was that out of land dispute accused Lutfar was attacked by witness Abdur Razzaque and Mohsin and that at one stage Yusuf P.W.5 and Idris, P.W.12, gave Bhela blows upon Lutfar but those missing the target hit ......here is no illegality or infirmity in the above decision so as to call for any interference. The petition is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 338. ..Category: Criminal Law | Date: | Hits: 38
Chittagong City Corporation Vs. Executive Engineer, Public Works Dept, Chittagong, 2008, 37 CLC (AD)
....the park was opened for the General Public with the full satisfaction of the all concerned and that there is no allegation within long span of time that the City Corporation has violated any terms of the agreement and their activities were found detrimental to the public interest......matter the High Court Division has rightly discharged. We find no substance in this petition which is accordingly dismissed. Ed. This Case is also Reported in: VI ADC (2009) 332. ......ct matter of the writ petition is a disputed question of facts and the violation of contract which can be adjudicated in the civil court on the basis of evidence and cannot be decided in a summary proceeding of writ jurisdiction. 12. The High Court Division further observed that the 4th a..Category: Civil Law | Date: | Hits: 113
Anti-Corruption Commission Vs. Md. Abul Kalam Shamsuddin and others, 2008, 37 CLC (AD)
....nt No. 1-writ-petitioner to file a specific statement in the writ petition and as such, in view of the fugitive from justice. Since the law is now settled that a fugitive has no legal right to seek any kind of redress as against his grievances, if any, against the proceeding pending before the com...... the above, we find no substance in the submissions of the learned Advocate for the petitioner. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 323.......nst the judgment and order dated 20.07.2008 passed by the High Court Division in Writ Petition No. 10313 of 2007 making the Rule absolute with cost in declaring the initiation and continuation of the proceedings and also conviction without lawful authority of Paltan P.S Case No. 36 (11) 07 correspon..Category: Anti-Corruption Laws | Date: | Hits: 119
Commissioner of Customs, Customs House, Dhaka and others Vs. Abdur Razib, 2008, 37 CLC (AD)
....e deprived of a huge amount of government revenue. 5. We have heard the learned Advocate for the petitioners and perused the connected papers including the impugned judgment. We do not find any substance in the point raised. The High Court Division upon correct assessment of the mate......of SRO No.126/AIN/99/1789/CUS dated 10.6.1999. The customs duly examined the goods and found the same to be the parts of Air conditioning installation kits and accordingly suggested at the initial stage for release of the same by giving benefit of SRO 26 dated 10.6.1999. But subsequently the cus...... correct decision. There is therefore no cogent reason to interfere with the same. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 314. ..Category: Fiscal/Taxation Law | Date: | Hits: 62
Bangladesh Vs. Chairman, 1st Court of Settlement, Segunbagicha, Ramna, Dhaka, 2003, 32 CLC (AD)
....s an abandoned property. Leave was also granted to consider whether the High Court Division fell into an error in holding that the property in question was not an abandoned property without giving any finding as to whether the original owner was present in Bangladesh or his whereabouts were know......ty. The question that Md. Ziaul Islam was not in possession of the case property having been raised for the first time before this Court, there is no scope of considering this question at this stage by this Court. 6. However, we have considered the argument of Mr. Abdur Razaque Khan t...... Division in the Writ Petition No. 1370 of 1994. In the result, the appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: II ADC (2005) 346. ..Category: Property Law | Date: | Hits: 38
Surendra Nath Sarkar and another Vs. Md. Jalil Shaikh, 1997, 26 CLC (AD)
.... as Title suit No. 424 of 1984 of the Court of the Assistant Judge, the then Baliakandi Upazila, Rajbari, against defendant Nos. 1-4 respondents restraining them from giving on lease the suit land to any body and disturbing the plaintiffs' possession therein and also of a declaration that the procee......High Court Division is set aside and the Judgment and order passed by the learned district Judge in the Misc. Case in question is restored. Ed. This Case is also Reported in: II ADC (2005) 338.......a, Rajbari, against defendant Nos. 1-4 respondents restraining them from giving on lease the suit land to any body and disturbing the plaintiffs' possession therein and also of a declaration that the proceeding taken in V.P. Case No. XII-1877 72-73 is illegal, void and not binding upon the plaintiff..Category: Limitation Law | Date: | Hits: 166
Dhaka University Vs. Syed Md. Ismail, 1995, 24 CLC (AD)
....ka University as a Lower Division Assistant are illegal, void and for permanent injunction restraining the defendants from evicting him from University Staff Quarter No. 40/C without arranging any alternative accommodation for him. Leave was granted to consider:- (i) whet...... learned Assistant Judge, 4th Court, Dhaka passed on 28-2-90 in Title Suit No. 818 of 1987, dismissing the suit, is restored. Ed. This Case is also Reported in: II ADC (2005) 334. ......ersity after driving out the guard placed thereat. On being directed in writing he refused to vacate the quarter. Then he was placed under suspension on October 15, 1976 and a departmental proceeding was also initiated against him for breaking office discipline. He challenged that ..Category: Employment/Service Law | Date: | Hits: 69
Md. Awlad Hossain and another Vs. Joynab Bibi and another, 2004, 33 CLC (AD)
....ugh in obedience to the above order appeared on the fixed date filed affidavit in opposition denying the material allegations brought against them and contended, inter alia, that they have not done anything showing disrespect to the order of the executing court and what they did was in fact to sav......ndering unqualified apology but the High Court Division, declined to exercise power of review by accepting the unqualified apology as sought holding that unqualified apology was sought at a belated stage and said petition for review also contained statements justifying the conducts of the appellan......nt a copy of the above memo dated 21.4.97 to the executing Court, then the executing Court on 24.4.97 referring to the Memo dated 22.4.97 issued by the appellant No. 1 passed an order staying further proceeding of the above execution case and also recalled the process relating thereto the proforma..Category: Criminal Law | Date: | Hits: 51
32173215321132103209320732003195319331913190318831853183318031773172316931683160