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Roy Mohan Dey Vs. Jogesh Chandra Dey being died his legal heirs: Snehabala Dey and others, 2011, 40 CLC (AD)

....ial court held that the defendant No.2 is a co-sharer in the suit land and the plaintiff failed to prove cause of action for partition against the said defendant No.2 as defendant No.2 is in specific possession of the suit land and that there is no dispute with respect to the share of the defendant ......aintiff, insti­tuted Other Suit No. 35 of 1990 before the Court of Senior Assistant Judge, 3rd Court, Sadar, Chittagong for partition on declaration of title and recovery of posses­sion of the suit land described in the schedule to the plaint. 3. The case of the plaintiff, in short, was that he......e dismissed on con­test without any order as to costs. Ed. This Case is also Reported in: VIII ADC (2011) 921. ......aintiff filed the above mentioned civil revision and the revisional court set aside the judg­ment and decree of the appellate court and restored those of the trial court making observations that the question of limita­tion being not raised specifically in plead­ings and in deposition, the questio..

Category: Property Law | Date: | Hits: 49

Pulin Mahajan Vs. State, 2011, 40 CLC (AD)

....it in this appeal. The appeal is allowed. The judgments of Courts below so far as it relate to the appellant's conviction are set aside. Ed. This Case is also Reported in: VIII ADC (2011) 982. ...... A Division Bench of the High Court Division by judgment and order dated 2nd February, 2009 maintained the conviction and sentence. 3. According to the prosecution story, the victim got a piece of land by way of gift and though she was living with the informant in the same house but she had separ...... judgments of Courts below so far as it relate to the appellant's conviction are set aside. Ed. This Case is also Reported in: VIII ADC (2011) 982. ......it in this appeal. The appeal is allowed. The judgments of Courts below so far as it relate to the appellant's conviction are set aside. Ed. This Case is also Reported in: VIII ADC (2011) 982. ..

Category: Criminal Law | Date: | Hits: 81

Mohsena Begum Vs. Abdus Sattar being dead his heir Momtaz Begum, 1997, 26 CLC (HCD)

....nd knowledge of its owners, the defendant and all others in assertion of hostile title, denying the title of the owners and in this way he has acquired a good title in the said land by way of adverse possession; recently he learnt that 8 decimals of land by the north-western side of plot No.923 has ......-83 obtained by the defendant in Other Class Suit No.61 of 1983 of the 1st Court of Munsif, Dinajpur is collusive, fraudulent, inoperative and not binding upon him alleging, inter alia, that the suit land measuring 21 decimals in CS Plot No.923 under CS Khatian No.28 of mouza Balupari, PS Kotwali, D......(HCD) (1998) 29. ......yers Involved: Md. Marfat Ali, Advocate - For the Petitioner. Not Represented - For the Opposite Party. Civil Revision No. 1593 of 1991 Judgment Gour Gopal Saha J.- This Rule calls in question the judgment and decree dated 1-9-90 passed by the learned Subordinate Judge, Dinajpur in O..

Category: Property Law | Date: | Hits: 62

Shaw Wallace Bangladesh Limited Vs. Tofazzal Hossain, 1997, 26 CLC (HCD)

..... In view of the above, the Rule is made absolute without any order as to costs. The impugned Judgment dated 20-5-95 is set aside. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 22. ....... In view of the above, the Rule is made absolute without any order as to costs. The impugned Judgment dated 20-5-95 is set aside. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 22. ......ithout any order as to costs. The impugned Judgment dated 20-5-95 is set aside. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 22. ...... (Here it may be noted that sections 9-13 lay down when deductions can be made, the extent of such deductions and the procedure to be followed by the employers to deduct money from wages). 21. The question that arises now non-payment of the gratuity by the employer considered as delay in payment ..

Category: Labour and Industrial Law | Date: | Hits: 255

Abu Taher and others Vs. Hasina Begum and another, 1997, 26 CLC (HCD)

....and there is no merit in this application. The Rule, is accordingly discharged. The order of stay passed earlier is hereby vacated. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 19. ......ite party No.1 as informant on 25-6-1992 lodged FIR with Feni Police Station alleging that on the same day while the informant and her mother went to their paddy field with labourers to cultivate the land accused-persons named in the FIR who were armed with iron-rod, lathi, bamboo stick, etc. attack......The Rule, is accordingly discharged. The order of stay passed earlier is hereby vacated. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 19. ......and there is no merit in this application. The Rule, is accordingly discharged. The order of stay passed earlier is hereby vacated. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 19. ..

Category: Criminal Law | Date: | Hits: 83

State Vs. Abul Hashem, 1997, 26 CLC (HCD)

.... Hashem is altered to the sentence of imprisonment for life. Jail appeal No.1944 of 1992 is dismissed. Death Reference is rejected. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 17. ...... Hashem is altered to the sentence of imprisonment for life. Jail appeal No.1944 of 1992 is dismissed. Death Reference is rejected. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 17. ......ment for life. Jail appeal No.1944 of 1992 is dismissed. Death Reference is rejected. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 17. ......rshed Alam Khan, learned Advocate appearing for all the appellants, submits that the confessional statements cannot be taken into consideration as those are not voluntary a draws our attention to the questions which were put each of the accused by the Magistrate before recording their confessional s..

Category: Criminal Law | Date: | Hits: 66

Giasuddin (Md.) Vs. Eastern Co-operative Jute Society Limited and others, 1997, 26 CLC (HCD)

....order as to cost and the impugned order dated 22-3-92 is declared to have been made without any lawful authority and of no legal effect. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 15.......order as to cost and the impugned order dated 22-3-92 is declared to have been made without any lawful authority and of no legal effect. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 15.......is declared to have been made without any lawful authority and of no legal effect. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 15.......he Registrar can pass an award in respect of immoveable property which will have the effect of a final mortgage decree of the civil Court. Under section 89 of the Ordinance in case of any complicated question of law and fact involved in the dispute, Registrar may stay the proceedings of the dispute ..

Category: Alternative Dispute Resolution | Date: | Hits: 156

Mustasim Ali Vs. Abdul Motalib and others, 1993, 22 CLC (HCD)

....would be conveniently within one week after receipt of the order by the Tribunal from this Court. There will be no order as to costs. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 733. ......would be conveniently within one week after receipt of the order by the Tribunal from this Court. There will be no order as to costs. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 733. ......the order by the Tribunal from this Court. There will be no order as to costs. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 733. ......gned before this Court. 14. The point to be decided by this Court boils down to a narrow compass and it is whether the tribunal acted within jurisdiction or not in ordering so. In other words, the question would be whether this Court can intervene to correct the decision of did statutory Tribunal..

Category: Election Law | Date: | Hits: 188

Soleman Bibi and another Vs. Administrator, Farajikandi Complex and others, 1992, 21 CLC (HCD)

....ntiff’s ‘Kha’ schedule land out of ‘Ka’ schedule land as described in the plaint for alleged development of Farajikandi Complex of defendant No.2 and that defendant No.2 may not go into the possession of the suit‑land and/or break any door or window of the house of the plaintiffs situate......ct of Chandpur praying for permanent injunction against the defendant opposite parties so that defendant No.1 through the disputed LA Case No.4/87‑88 cannot acquire plaintiff’s ‘Kha’ schedule land out of ‘Ka’ schedule land as described in the plaint for alleged development of Farajikandi......) (1993) 727. ......y the plaintiffs for permanent injunction. 3. The defendant Nos. 1 and 2 filed written statement to contest the suit by denying the material allegations made in the plaint and also by raising some questions of law including the question of maintainability of the suit, the same being hit by sectio..

Category: Property Law | Date: | Hits: 47

Sarafat Hossain Vs. Dr. Islamuddin, 1992, 21 CLC (HCD)

....edule 'Ka' of the plaint cannot be treated to be separate property simply because in the exchange deed it stands in the name of defendant petitioner. 14. Admittedly plaintiff opposite party was in possession of ‘Ka’ schedule property but defendant petitioner contended that he was in possessio...... educational expenses. 4. Further case of the plaintiffs is that he saved a lot of money out of the amount sent for him by his father and that he along with petitioner purchased about 29 bighas of land at Badarganj and thereafter both brothers resided and acquired property at Rangpur town and tha......to costs. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 724. ......d Momtazuddin Fakir, Advocates ‑ For the Opposite Party. Civil Revision No.443 of 1986 (Rangpur) Civil Revision No.5012 of 1991 (Dhaka) Judgment Syed Fazle Ahmed J.- This Rule calls in question the legality and propriety of the judgment and decree dated 31.5.86 and 7.6.86 respectively..

Category: Property Law | Date: | Hits: 74

AW Malik Vs. Commissioner of Taxes, Dhaka (South) Zone, Dhaka, 1992, 21 CLC (HCD)

....we answer the question Nos. 2 and 3 in the affirmative and against the assessee. The parties are directed to bear their own costs. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 697. ......we answer the question Nos. 2 and 3 in the affirmative and against the assessee. The parties are directed to bear their own costs. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 697. ......and against the assessee. The parties are directed to bear their own costs. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 697. ...... AM Mahmudur Rahman J.- This reference application under section 160(1) of the Income Tax Ordinance, 1984 is at the instance of assessee. In this application the assessee has formulated the following questions said two have arisen out of the order of the Appellate Tribunal for our decision; “1...

Category: Fiscal/Taxation Law | Date: | Hits: 110

Tozammel Hossain Vs. Fatema Khatun and others, 1991, 20 CLC (HCD)

....as added party under Order 1 rule 10(2) CPC. In view of the aforesaid discussion, the Rule is made absolute. No order as to costs. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 697. ...... AM Mahmudur Rahman J.- In this Rule a short but important question falls which for determination is whether a transferee of a premises can be added as a party in a suit for ejectment brought by the landlord against the tenants. 2. The opposite‑party No.2 instituted Title Suit No.190 of 1964 a......costs. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 697. ......lved: Shahid Alam, Advocate ‑ For the Petitioner. No one ‑ For the Opposite Party. Civil Revision No.449 of 1984. Judgment AM Mahmudur Rahman J.- In this Rule a short but important question falls which for determination is whether a transferee of a premises can be added as a party..

Category: Property Law | Date: | Hits: 49

Siraj Mal and others Vs. State, 1992, 21 CLC (HCD)

.... earlier granted by this Court be discharged from his bail bond. Let the LC Records be sent down to the Court below expeditiously. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 688. ...... earlier granted by this Court be discharged from his bail bond. Let the LC Records be sent down to the Court below expeditiously. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 688. ......om his bail bond. Let the LC Records be sent down to the Court below expeditiously. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 688. ......Nuru and she voluntarily came out of her father's house, accompanied her paramour Nurul Islam and got herself married with him and thereafter allowed her to be sexually intercoursed. So, there was no question of her taking away out of any lawful guardianship of her parents without their consent for ..

Category: Criminal Law | Date: | Hits: 69

Wadiuzzaman Vs. Chairman, BIWTA and others, 1992, 21 CLC (HCD)

....uthority. In the light of our observation and discussion made above, all three Rules are discharged without any order as to costs. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 679. ...... Writ Petition No.54 of 1988 calling upon the respondents to show cause, why the order dated 7.12.86 (Annexure D) and the subsequent order dated 10.1.88 (Annexure H) issued by Secretary, Bangladesh Inland Water Transport Authority should not be declared to have been made without lawful authority and......sion made above, all three Rules are discharged without any order as to costs. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 679. ......edly the petitioner has been removed from service against which Writ Petition No.332 of 1991 has been filed which we shall deal presently. We therefore find that it is not worthwhile to look into the question of legality of the impugned order (Annexure E) which has not been pursued and has become in..

Category: Employment/Service Law | Date: | Hits: 116

Mobarak Ali (Md.) alias Mobarak Ali Mondal Vs. Bangladesh, 1997, 26 CLC (HCD)

....e instance of deceased Taher Mohammad, one Kazimuddin filed a case against the accused persons and that the accused persons purchased some land from the sister of Taher Mohammad but could not go into possession because of the said Taher Mohammad and in order to remove the obstacle, the accused perso......at their house. Motive assigned for the murder was that at the instance of deceased Taher Mohammad, one Kazimuddin filed a case against the accused persons and that the accused persons purchased some land from the sister of Taher Mohammad but could not go into possession because of the said Taher Mo......trict Bogra be released at once if not wanted in connection with any other case. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 10. ...... Rahman Chhana, learned Assistant Attorney-General appearing for the respondent-Government. Mr. Chhana has raised a preliminary point as to the maintainability of the petition. So let us consider the question of maintainability first. Mr. Chhana submits that the writ petition is not maintainable bec..

Category: Criminal Law | Date: | Hits: 79

Tamanna Steel Galvanizing Industry Ltd. Vs. Government of Bangladesh and others, 1997, 26 CLC (HCD)

....oner. In view the same we find no merit in these two Rules. In the result, these Rules are discharged without any order as to costs. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 8. ......oner. In view the same we find no merit in these two Rules. In the result, these Rules are discharged without any order as to costs. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 8. ......ules. In the result, these Rules are discharged without any order as to costs. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 8. ......the respondent to show cause in the aforesaid terms for rejecting petitioner’s claim for refund of Taka 63,67,503.00 vide similar order dated 7-3 (Annexure-H). Both the Rules having involved common question of law these are being disposed of by this judgment. 3. Learned Advocate for the petitio..

Category: Fiscal/Taxation Law | Date: | Hits: 164

Government of Bangladesh Vs. Mahabbat Ali and others, 2011, 40 CLC (AD)

....been possessing the same by constructing his dwelling hut thereon and also by plant­ing various trees and rearing fishes in the pond within the suit land. Subsequently the plaintiff No.1 handed over possession of the suit land to his son, the plaintiff No.2 and since then the plaintiff No.2 had bee......ing for decla­ration of their title in the suit property described in the schedule to the plaint and also for recovery of khas posses­sion of the same. Plaintiff's case, in short, was that the suit land belonged to Chakla Rawshanabad Zamindary Estate and the plaintiff No.1 took settlement of the s......In the circumstances this review peti­tion is dismissed. Ed. This Case is also Reported in: VIII ADC (2011) 828. ......on the face of record, or for any other sufficient reason. In this present case the learned Attorney General could not make out any of the above stated grounds for review of the judgment and order in question. 7. We have gone through the impugned judgment of the High Court Division and the judgme..

Category: Property Law | Date: | Hits: 58

Afzal Miah and others Vs. Abdul Halim Gazi and others, 2011, 40 CLC (AD)

....as per voter list published including those 672 voters of Uttar Kistakathi. This petition is disposed of with the above observations. Ed. This Case is also Reported in: VIII ADC (2011) 824. ......f Jhalokathi Pourashava was prepared and published for each Ward, and in June, 2010 it was detected that about 400 families of "Abason Project Nos.1 and 2" estab­lished by the then Government on the land of Uttar Kistakathi under Ward No.7 of Ponabalia Union Parishad have been enjoying the faciliti......his petition is disposed of with the above observations. Ed. This Case is also Reported in: VIII ADC (2011) 824. ......missed. 4. The High Court Division upon hear­ing the parties by the impugned judg­ment made the rule absolute and direct­ed the writ respondent Nos.2-5 "to make correction of the voters list in question by excluding above mentioned 672 vot­ers and thereafter to hold the election" and in case ..

Category: Election Law | Date: | Hits: 172

Bangladesh and another Vs. Md. Badiuzzaman and others, 2011, 40 CLC (AD)

....osal of the appeals. Appeals to be registered arising out of this leave granting order will be heard along with C.A.No.8 of 2008. Ed. This Case is also Reported in: VIII ADC (2011) 811. ...... early 1972 of the PCJSS as a political front with Mr. M.N. Larma at the helm. Consequently, the Shanti Bahini, an armed wing of the PCJSS was formed on 7 January 1973 and after August 1975 became a clandestine organization engaged in armed insurgency against the Government. Although in limited numÂ......s also Reported in: VIII ADC (2011) 811. ...... Government in 1860, then enacting the Chittagong Hill Tracts Regulation, 1900 (Regulation No.1 of 1900) (hereinafter referred to as the CHT Regulation, 1900) and framing of Rules thereunder, but the questions as to the constitutionality of the sections of Acts 9, 10, 11 and 12 of 1998 and Acts 19, ..

Category: Constitutional Law | Date: | Hits: 219

State Vs. Maruf Raihan, 2011, 40 CLC (AD)

....asis of materials with the record. With the above observation and direc­tion this criminal petition for leave to appeal be disposed of. Ed. This Case is also Reported in: VIII ADC (2011) 897.......asis of materials with the record. With the above observation and direc­tion this criminal petition for leave to appeal be disposed of. Ed. This Case is also Reported in: VIII ADC (2011) 897.......his criminal petition for leave to appeal be disposed of. Ed. This Case is also Reported in: VIII ADC (2011) 897.......e State that in the meantime the investigation of the case has been completed and many tangible evi­dence have been gathered showing involve­ment of this accused-respondent in sending the e-mail in question. 7. The learned Advocate for the accused-respondent did not deny the submission of the l..

Category: Information Technology Law | Date: | Hits: 285