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Maulana Abdul Motin & others Vs. Shah Alam Bhuiyan & others, 1989, 28 CLC (HCD)
....stered kabala dated 24.4.67 sold .13 decimals of land out of those suit plot to this plaintiff. The defendants having dispossessed, the plaintiff filed the suit for declaration and recovery of khas possession. In the plaint the boundary of the land was shown as: On the north.............purchas...... by the subordinate Judge, 2nd Court, Dhaka in Title Suit No.517 of 1987 rejecting the application under Order 26 rule 9 of the Code of Civil Procedure for holding a local investigation of the suit land. 2. The short fact that will be necessary for the disposal of the Rule is that, the plaintif...... Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 243. ......scharged without any order as to costs. The stay order granted by this Court staying all further proceeding in title suit is vacated. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 243. ..Category: Procedural Law | Date: | Hits: 82
Dr. Mohiuddin Farooque and another Vs. Bangladesh, 1997, 26 CLC (HCD)
....ance with the directions made above. Having regard to the facts and circumstances of the cases, there will be no order as to costs. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 84. ......4, the petitioner is Sekandar Ali Mondol, a farmer, living in the village of Khaladbari under Police Station Tangail Sadar in the District of Tangail for generations and owns small piece of ancestral land, part of which he uses as homestead and part for cultivation for subsistence and cash earning o......to the facts and circumstances of the cases, there will be no order as to costs. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 84. ...... Petition No.1576 of 1994. Judgment AK Badrul Huq J.- The two petitioners of Writ Petition Nos. 998 of 1994 and 1576 of 1994 by two applications under Article 102 of the Constitution, called in question the activities and implementation of ‘FAP’-20’, undertaken in the District of Tangail..Category: Environmental Law | Date: | Hits: 1051
Habibur Rahman Khan Vs. Nurul Islam Khan, 1997, 26 CLC (HCD)
....ible. The Rule being Civil Rule No. 390 (fm) 96 is accordingly disposed of. Send a copy of the judgement to the Court below at once. Ed This Case is also Reported in: 50 DLR (HCD) (1998) 82. ......o transfer his 25% share in the company known as Habib Transport Co. Ltd. and the defendant in turn was to execute and register a sale deed in favour of the plaintiff transferring his interest in the land with structures on plot No.1025 in SA Khatian No.105 corresponding to RS Khatian No.1251/1 in h......Advocate - For the Appellant. M Shamsul Alam, Advocate - For the Respondent. First Miscellaneous Appeal No.186 of 1996. Judgment Md. Abdul Karim J.- This first miscellaneous appeal at the instance of the defendant is directed against the order dated 12-9-1996 passed by the learned Subord......d order of attachment is on the face of it illegal and liable to be set aside. In this connection we may also observe that under the provision of rule 5 of Order XXXVIII the Court should consider the question of security as the first alternative. 8. Having regard to the facts and circumstances of..Category: Civil Law | Date: | Hits: 65
Syed Abdul Mannan and others Vs. Md. Mujahar Ali Mridha and others, 1997, 26 CLC (HCD)
....nt and decree passed by the learned trial Court and sent back the case on remand to the trial Court for giving an opportunity to the defendant petitioner to prove the sale certificate and delivery of possession by producing the original copies and adducing fresh evidence. 4. Mr. Abdul Quyum, the ...... Civil Procedure. The learned Advocate further submits that he has no objection if the remand is open remand without any finding that the plaintiff has been able to prove their possession in the suit land. 5. Mr. Syed Ziaul Karim, the learned Advocate appearing for the plaintiff-opposite party, d......own the LC Records at once. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 81. ......hereby vacated. In the facts and circumstances of the case there will be no order as to costs. Send down the LC Records at once. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 81. ..Category: Procedural Law | Date: | Hits: 72
....the above facts and circumstance we find no merit in this Rule.
In the result, the Rule is discharged without any order as to cost.
Ed.
This Case is also Reported in: 50 DLR (HCD) (1998) 79.
......the above facts and circumstance we find no merit in this Rule.
In the result, the Rule is discharged without any order as to cost.
Ed.
This Case is also Reported in: 50 DLR (HCD) (1998) 79.
......his Rule.
In the result, the Rule is discharged without any order as to cost.
Ed.
This Case is also Reported in: 50 DLR (HCD) (1998) 79.
...... without any lawful authority and of no legal effect.
2. Learned Advocate for the petitioner after placing the petition and other materials on record submitted that sample of the imported goods in question was taken by the Customs authority in violation of the provisions of section 199 of the Cus..
Category: Fiscal/Taxation Law | Date: | Hits: 117
Nur Mohammad Fakir Vs. Bangladesh, 1997, 26 CLC (HCD)
....on all the three Rules are discharged without any order as to cost. The order of stay granted earlier by this Court is hereby vacated. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 71. ......on all the three Rules are discharged without any order as to cost. The order of stay granted earlier by this Court is hereby vacated. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 71. ......r as to cost. The order of stay granted earlier by this Court is hereby vacated. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 71. ...... Writ Petition No. 1429 of 1995 Writ Petition No. 891 of 1996 Judgment Md. Awlad Ali J.- These three writ Petitions have been heard together and are disposed of by this judgment as common question of law and similar facts are involved in all the three cases. 2. The Nisi was issued in ..Category: Civil Law | Date: | Hits: 90
Dr. Habibur Rahman MP and others Vs. Shamsun Nahar, 1997, 26 CLC (HCD)
.... the learned Assistant Judge, Sonatala, Bogra, in Civil Suit No.91 of 1996 are restored. However, there will be no order as to costs. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 62....... the learned Assistant Judge, Sonatala, Bogra, in Civil Suit No.91 of 1996 are restored. However, there will be no order as to costs. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 62.......d: Shamsul Huda, Advocate - For the Petitioners. H N Nandi, Advocate - For the Opposite Party. Civil Revision No. 3897 of 1996. Judgment Syed Amirul Islam J.- This Rule was issued calling upon the opposite party to show cause as to why the impugned order dated 13-11-96 passed by the ......tion, 1977 to put the opposite party No.1 under suspension pending enquiry. The learned Advocate further submits that the observation given by the appellate Court below that the managing committee in question has not been approved by the Board is misconceived inasmuch as the Regulation does not prov..Category: Employment/Service Law | Date: | Hits: 101
Hakim Ullah Vs. Mutaleb and others, 1996, 25 CLC (HCD)
....cord and the appeal be heard on merit in accordance with law as if it were presented within time. There will be no order as to costs. Ed. This case is also Reported in: 49 DLR (HD) (1997) 118.......t of the opposite parties, Abdul Hashim instituted Misc. Case No.134 of 1970 against the petitioner and others in the 4th Court of Munsif (now Assistant Judge), Habiganj for pre‑emption of the case land under section 96 of the State Acquisition and Tenancy Act, claiming to be a co‑sharer by purc...... There will be no order as to costs. Ed. This case is also Reported in: 49 DLR (HD) (1997) 118.......ging the opposite parties on record as respondents or such other or further order or orders passed as to this Court may seem fit and proper. 2. As in both the Rules parties are the same and common question of law is involved, these were heard analogously and are disposed of by this judgment. 3..Category: Procedural Law | Date: | Hits: 70
M R Sikder Vs. Bangladesh Water Development Board, 1996, 25 CLC (HCD)
....s application. The Rule is accordingly discharged without any order as to costs. The order of stay passed earlier is hereby vacated. Ed. This case is also Reported in: 49 DLR (HD) (1997)113. ......Placing order with be surety no property was shown or given so that in case of success of the present petitioner in the suit and in case of failure of the opposite party to pay the amount awarded the land mentioned in the security may be produced upon. The learned Advocate contends that the alleged ......ay passed earlier is hereby vacated. Ed. This case is also Reported in: 49 DLR (HD) (1997)113. ......security the same cannot be brushed aside or rejected. The meaning of the word security that we have found out covers the bond that has been executed and filed on behalf of the Board. 10. Now the question remains whether the Chairman who executed the bond has been authorised by the Board to exec..Category: Alternative Dispute Resolution | Date: | Hits: 245
.... notice was served on the petitioners.
Article 7 President’s Order No. 16 of 1972 provides for giving notice in certain case and it is to the effect:
(1) Where an abandoned property is not in possession of any person, the Deputy Commissioner or the Subdivisional Magistrate shall take possess......estion is not in the list of the abandoned property.
3. Permission to transfer the house was given to the original lessee by memorandum No.KH‑8/81/2167/1 (3) dated 30-4-81 (Annexure-c). The case land was transferred in favour of the predecessor of the petitioner on 27‑7‑81 by registered sal......246, page 9764(32) is passed without lawful authority and is of no legal effect.
Ed.
This case is also Reported in: 49 DLR (HD) (1997) 108.
......lication to respondent No. 4, the Administrative Officer, Khalishpur Housing Estate for inquiry and report which was submitted vide memo No. 922/AO dated 4‑2‑81 to the effect that the property in question is not in the list of the abandoned property.
3. Permission to transfer the house was gi..
Category: Limitation Law | Date: | Hits: 175
....ugned order is liable to be declared illegal and without lawful authority. He further submitted that there was no allegation of copying by the petitioner in the examination and he was found guilty of possession of writings relating to particular subject of the examination on mere surmise and conject......ct and cancellation of his examination in plan 211 of the first term of 1992‑93 i.e. level II term I of session 1992‑93 is upheld.
Ed.
This Case is also Reported in: 49 DLR (HD) (1997) 104.
......the first term of 1992‑93 i.e. level II term I of session 1992‑93 is upheld.
Ed.
This Case is also Reported in: 49 DLR (HD) (1997) 104.
......ct and cancellation of his examination in plan 211 of the first term of 1992‑93 i.e. level II term I of session 1992‑93 is upheld.
Ed.
This Case is also Reported in: 49 DLR (HD) (1997) 104.
..
Category: Civil Law | Date: | Hits: 85
Dr. Ahmed Sharif Vs. State and another, 1994, 23 CLC (HCD)
....a. Communicate this order to the Chief Metropolitan Magistrate, Dhaka and Sadar Magistrate Court, Gopalganj for compliance at once. Ed. This case is also Reported in: 49 DLR (HD) (1997) 100. ......a. Communicate this order to the Chief Metropolitan Magistrate, Dhaka and Sadar Magistrate Court, Gopalganj for compliance at once. Ed. This case is also Reported in: 49 DLR (HD) (1997) 100. ......opolitan Magistrate, Dhaka and Sadar Magistrate Court, Gopalganj for compliance at once. Ed. This case is also Reported in: 49 DLR (HD) (1997) 100. ......ven before this Court as already pointed out. In these circumstances it is difficult for us to entertain this application under section 561A of the CrPC before surrender to the Court. 14. Now the question is, what should be done about the present application. In the first instance we see that it..Category: Criminal Law | Date: | Hits: 70
Golam (Md.) Abdul Awal Sarker and others Vs. State, 1996, 25 CLC (HCD)
....th Court, Dhaka, is quashed. The order of stay granted earlier by this Court is hereby vacated. Send down the lower Court records. Ed. This Case is also Reported in: 49 DLR (HD) (1997) 95. ......ation with RAJUK (Rajdhani Unnayan Kartripakhaya) for approval of a project started by him for residential accommodation namely: “Jilanipuri Modern Residential Project” and started development of lands on 119 acres for the purpose of allotments of plots measuring ½ ‑Kathas, 5 kathas, 7 kathas......tay granted earlier by this Court is hereby vacated. Send down the lower Court records. Ed. This Case is also Reported in: 49 DLR (HD) (1997) 95. ......th Court, Dhaka, is quashed. The order of stay granted earlier by this Court is hereby vacated. Send down the lower Court records. Ed. This Case is also Reported in: 49 DLR (HD) (1997) 95. ..Category: Criminal Law | Date: | Hits: 105
Mahmudul Hoque and 5 others Vs. Nowab Ali Chowdhury and 18 others, 1985, 14 CLC (HCD)
....partition, on payment of fixed Court fee and subsequently on Payment of ad valorem Court fee, on 26-11‑77, in course of hearing argument of the suit in the trial Court. Plaintiffs claimed title and possession in the said land by successions and transfers asserting that RS Khatian in respect of the......aside judgment and decree dated 13-12-77 passed by the Munsif, Satkania, Chittagong in Partition Suit No.34 of 1973. 2. Plaintiffs filed Partition Suit No.98 of 1970 claiming 11 kanis 14 gandas of land or the quantum of land decided by the Court in their share out of 24.78 acres of the suit land ......Omar Farook, Advocate‑For the Party Nos. 10, 11 and 12. Civil Revision No.5695 of 1991(Dhaka) Civil Revision No.136 of 1990 (Chittagong) Judgment Kazi Ebadul Hoque J.- This Rule at the instance of the plaintiff-petitioners is against judgment and decree dated 12-5-1990 passed by the S......acing the impugned judgment and other materials on record submitted that Court of appeal below acted illegally in holding that trial Court was wrong in passing the decree for partition as complicated question of title was involved in the suit, when no prayer for establishment of tide was made by the..Category: Civil Law | Date: | Hits: 86
Faiz Ahmed Chowdhury Vs. Arif Ahmed, 1994, 23 CLC (HCD)
....order as to costs. The stay granted earlier by this court is hereby vacated. Communicate this order to the court concerned at once. Ed. This case is also Reported in: 49 DLR (HD) (1997) 89.......Suit No.10 of 1985 in the 3rd Court of Assistant Judge and SCC Judge, Comilla for eviction of the defendant Mr. Faiz Ahmed Chowdhury from the suit premises. The case of the plaintiff is that the suit land originally belonged to Maharaja of Tripura who subsequently made a settlement of the same to Ni......ule is discharged. Cases Referred to- Mohammad Salim Vs. Md. Siddick Jamal and others 22 DLR 841; Ahmed Shan Khan Vs. Abdul Barkat;11 DLR 427; Abdul Khalek Mia Vs. Maya Debi and others reported in 35 DLR (AD) 310. Lawyers Involved: Amir Hossain, Advocate‑For the Petitioner. AKM Mozi......lication under section 23 of SCC. Act on 2‑5‑92 praying for return of the plaint to the filing lawyer for presentation to the proper Court of Civil jurisdiction stating therein that a complicated question of title is involved in respect of the suit property. After hearing both the parties, the l..Category: Property Law | Date: | Hits: 59
Sharifuddin (Md.) Vs. Md. Mofizuddin Sarker and others, 1994, 23 CLC (HCD)
....s. The authority concerned is directed to take expeditious step for holding re-election in view of the term office of the chairman. Ed. This Case is also Reported in: 49 DLR (HD) (1997) 86. ......s. The authority concerned is directed to take expeditious step for holding re-election in view of the term office of the chairman. Ed. This Case is also Reported in: 49 DLR (HD) (1997) 86. ...... the chairman. Ed. This Case is also Reported in: 49 DLR (HD) (1997) 86. ......t the order of the Upazila Nirbahi Officer a writ petition under Article 102 of the Constitution was moved before this Division but the High Court Division returned the case with a direction that the question of validity of the nomination paper of the opposite party No.2 might be decided by the Trib..Category: Election Law | Date: | Hits: 148
Md. Shamsul Alam Vs. Kanak Chandra Shome and another, 1978, 7 CLC (AD)
....nd that was the observation of the High Court as well. No interference is, therefore, called for and the leave petition is dismissed. Ed. This Case is also Reported in: 31 DLR (AD) (1979) 150.......nd that was the observation of the High Court as well. No interference is, therefore, called for and the leave petition is dismissed. Ed. This Case is also Reported in: 31 DLR (AD) (1979) 150.......s well. No interference is, therefore, called for and the leave petition is dismissed. Ed. This Case is also Reported in: 31 DLR (AD) (1979) 150.......likelihood of breach of peace regarding any immovable property. The contention of the learned Counsel is, therefore, accepted in part. But then the fate of the leave petition is not dependent on this question. 7. As for the second branch of the argument, namely, that the Magistrate having raised ..Category: Criminal Law | Date: | Hits: 69
....on is without lawful authority and the detenu is being held in unlawful custody. It is directed that the detenu be released forthwith.
Ed.
This Case is also Reported in: 31 DLR (AD) (1979) 145.
......receive for distribution prejudicial leaflets, paper and other prejudicial materials brought from accross the border. The detenu was maintaining secret link through letters and courier and other clandestine manner of communication with the political leaders and other insurgents who have taken ......s being held in unlawful custody. It is directed that the detenu be released forthwith.
Ed.
This Case is also Reported in: 31 DLR (AD) (1979) 145.
......he prejudicial activities of the detenu.
3. The High Court on consideration of the affidavits and the contentions of the parties dismissed the writ petition and leave was granted to consider the question: Whether the order of detention was a valid order in view of the fact that the grounds stat..
Category: Criminal Law | Date: | Hits: 103
Sk. Helal Uddin and another Vs. State, 2010, 39 CLC (HCD)
....charge framed against appellant No. 1, the later cannot sustain and according to the charge framed against appellant No.2 the properties acquired beyond the known source of income are in the name and possession of appellant No.2. 14. He then submits that the prosecution miserably failed to show t......of properties of Tk.1,40,36,461.19 + Tk. 19,49,541= Tk. 1,59,86,002.19 without any basis. 4. By misusing the power and with the aid of appellant No. 1, appellant No.2 illegally acquired a piece of land measuring 7.50 khatas appertaining to plot No. 242, Block-B in Basundhara Residential Area and ......send down the L.C. Records immediately. Ed. This Case is also Reported in: 16 MLR (HCD) (2011) 286, 16 BLC (HCD) (2011) 444, 8 LG (2011) HCD 342. ......ective appellants. The office is directed to send down the L.C. Records immediately. Ed. This Case is also Reported in: 16 MLR (HCD) (2011) 286, 16 BLC (HCD) (2011) 444, 8 LG (2011) HCD 342. ..Category: Criminal Law | Date: | Hits: 108
.... stay. This is also a good ground for not granting stay of the suit.
For the foregoing reasons this appeal is dismissed with costs.
Ed.
This Case is also Reported in: 31 DLR (AD) (1979) 138.
...... may make an order staying the proceedings."
It is to be observed that this section is substantially the same, with minor variation, with that of section 4(1) of the Arbitration Act of 1950 of England.
12. If we try to analyse the section, we find that the Court or the judicial authority has ...... the foregoing reasons this appeal is dismissed with costs.
Ed.
This Case is also Reported in: 31 DLR (AD) (1979) 138.
......ement were different and there having been no rejection of the claim before the time specified in the termination agreement, the arbitration clause was not attracted.
5. Before proceeding with the question under enquiry, it is to be observed that we find justification in the contention of Mr. Ahm..
Category: Alternative Dispute Resolution | Date: | Hits: 161
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