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Commander (Rtd) A A Chowdhury Vs. AKM Imam Hossain and others, 1996, 25 CLC (HCD)
.... and another 14 DLR 307; Shiv Dayal Kapoor and others Vs. Union of India New Delhi and another AIR, 1963 Panjab 538; Md. Amir Ali and another Vs. Abdul Mannan having died his heirs and legal representatives Abdur Rahim and others, 9 DLR 102; Taherunnessa and others Vs. Mrs. Nazma Begum and others 40......ugned judgment, it appears that after a detailed discussion of the facts and evidence of the case the learned Court found the plaintiffs to be entitled to get the arrear rent for the unpaid period of time and accordingly granted the relief of recovery of arrear rent under law and equity. In the fact......ed the suit. Both the learned Courts below found that defendant No.2 as an illegal and unauthorised occupant in the suit premises and decreed the suit against both the defendants for eviction and for recovery of arrear rents from defendant No.2 by the impugned judgment and decree. 7. Mr. SR Paul,...... reference by this Court. In the result, the Rule is discharged with costs. The stay granted earlier by this Court is hereby vacated. Ed. This Case is also Reported in: 49 DLR (HD) (1997) 23 ..Category: Property Law | Date: | Hits: 65
Mokbul Ahmed Vs. Shamsul Rashid and others, 1996, 25 CLC (HCD)
..................Appellant Vs. Shamsul Rashid and others................Opposite Parties Judgment July 24, 1996. Result: The appeal is allowed. Cases Referred to- 37 CWN 892 (Srimati Ebratunnessa Bibi & ors Vs. Debendra Nath Sen & ors); Syed Masud Ali & ors Vs. Asmat......Sadar, Sylhet alleging the suit land to be Waqf property styling himself as the mutwalli thereof and prayed for permanent injunction against the petitioner and on receipt of the summons for the first time learnt from the disclosure in the plaint that the original owner Halimullah by a deed dated 28t......in Civil Revision No.250 of 1991 for stay has become infructous and the same is, accordingly, discharged without any order as to costs. Ed. This Case is also Reported in: 49 DLR (HD) (1997) 18. ......in Civil Revision No.250 of 1991 for stay has become infructous and the same is, accordingly, discharged without any order as to costs. Ed. This Case is also Reported in: 49 DLR (HD) (1997) 18. ..Category: Trust/Waqf Law | Date: | Hits: 165
Syed Khalilulla Salik alias Juned Vs. Haji Md. Rahmat Ullah, 1995, 24 CLC (HCD)
....tion) Present: Md. Badruzzaman J Md. Asaduzzaman J Syed Khalilulla Salik alias Juned………………………………………………….………Petitioner Vs. 1. Haji Md. Rahmat Ullah 2. State……………………………………………………………Opposite P...... such document or part of a document was made, signed, sealed or executed by the authority of a person by whom or by whose authority he knows that it was not made, signed, sealed or executed, or at a time at which he knows that it was not made, signed, sealed or executed; or Secondly, who, withou......ceeding of CR Case No.224 of 1988 pending in the Court of Magistrate, 3rd class, Sadar, Sylhet is quashed. Send back the LC records. Ed. This Case is also Reported in: 49 DLR (HD) (1997) 16. ......ceeding of CR Case No.224 of 1988 pending in the Court of Magistrate, 3rd class, Sadar, Sylhet is quashed. Send back the LC records. Ed. This Case is also Reported in: 49 DLR (HD) (1997) 16. ..Category: Constitutional Law | Date: | Hits: 169
Abu Bakkar Siddique Vs. Justice Shahabuddin Ahmed and others, 1996, 25 CLC (HCD)
....rder as to costs. Ed. This Case is also Reported in: 49 DLR (HD) (1997) 1. ......rit petition that on 16‑7‑1996 the Bangladesh Election Commission gave press release in the daily newspapers declaring the schedule of election to the office of President Bangladesh outlining the time of election, filing of nomination papers, scrutiny of nomination papers, withdrawal of nominati...... of the Constitution for preferring an appeal before the Appellate Division against our judgment. There will be no order as to costs. Ed. This Case is also Reported in: 49 DLR (HD) (1997) 1. ...... of the Constitution for preferring an appeal before the Appellate Division against our judgment. There will be no order as to costs. Ed. This Case is also Reported in: 49 DLR (HD) (1997) 1. ..Category: Constitutional Law | Date: | Hits: 200
Ripon Howlader Vs. State, 2009, 38 CLC (AD)
....bstance in the submissions of the learned Advocate for the petitioner. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: VIII ADC (2011) 715.......g the passengers at about 9:00 A.M. came with his tempu in front of the house of his father-in-law where he used to reside and complained to Kabir Fakir and Ali Akbar Munshi against Ripon. In the meantime, accused Ripon, Hanif and Masum came there. Hanif and Masum held the hands of the deceased and ......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: VIII ADC (2011) 715.......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: VIII ADC (2011) 715...Category: Criminal Law | Date: | Hits: 81
Md. Moniruzzaman alias Chaklet and others Vs. State, 2009, 38 CLC (AD)
....ers is commuted to rigorous imprisonment for 14 (fourteen) years. The sentence of fine is, however, maintained. Ed. This Case is also Reported in: VIII ADC (2011) 711.......03.2000 and the alleged victim was recovered on the same day but her statement under Section 164 of the Code of Criminal Procedure seems to be recorded on 20.03.2000 i.e. after one week. In the meantime the victim was influenced, prompted and tutored by her father, maternal uncle and others to say......at there is no merit to grant leave against the judgment and order of the High Court Division, thereon consideration of the tender age of the petitioners and that they are first offenders and the recovery of the victim immediate after the occurrence, ends of justice would be best served if the...... victim Jannatul Ferdous alias Sagorika and also arrested accused Masud, driver Tosibul and helper Sentu who kidnapped victim Sagorika by a microbus. P.W.11 Sub-Inspector of Police also recovered the arms used by the convict appellants at the time of kidnapping victim Sagorika from a paddy field as ..Category: Criminal Law | Date: | Hits: 70
Government of Bangladesh and others Vs. Mohammad Alamgir Hossain and others, 2011, 40 CLC (AD)
....o directed to file concise statements by 3rd April, 2011. The appeals are fixed for hearing on 25th April, 2011. Ed. This Case is also Reported in: VIII ADC (2011) 702. ...... the respondents are also directed to file concise statements by 3rd April, 2011. The appeals are fixed for hearing on 25th April, 2011. Ed. This Case is also Reported in: VIII ADC (2011) 702. ......t case the judgment passed by this Court requires to be reviewed. IV. Because, admittedly the plaintiffs of the instant suit being not in possession of the suit plot and they having not prayed for recovery of possession, the trial Court as well as the High Court Division is not justified in decre...... the respondents are also directed to file concise statements by 3rd April, 2011. The appeals are fixed for hearing on 25th April, 2011. Ed. This Case is also Reported in: VIII ADC (2011) 702. ..Category: Property Law | Date: | Hits: 57
Md. Saidur Rahman Vs. Farid Uddin Mahmud and others, 2011, 40 CLC (AD)
....ind no merit in this petition, which is accordingly dismissed. Ed. This Case is also Reported in: VIII ADC (2011) 698....... thereupon paid the entire amount and pursuant thereto, the Adalat issued the sale certificate on 28th October, 2008 and subsequently, he was given delivery of possession of the property. In the mean time, the petitioner instituted Writ Petition No. 5085 of 2008 in the High court Division challengin......he has appreciated that the impugned judgment is a well reasoned one. We find no merit in this petition, which is accordingly dismissed. Ed. This Case is also Reported in: VIII ADC (2011) 698.......he has appreciated that the impugned judgment is a well reasoned one. We find no merit in this petition, which is accordingly dismissed. Ed. This Case is also Reported in: VIII ADC (2011) 698...Category: Property Law | Date: | Hits: 81
Mosammat Manikjan Bibi Vs. Md. Jalil alias Abdul Jajil and others, 2011, 40 CLC (AD)
.... and order passed by the appellate Court. We find no substance in this petition which is accordingly dismissed. Ed. This Case is also Reported in: VIII ADC (2011) 695. ...... Yeasin who died leaving behind five daughters, the pre-emptor and opposite party Nos. 6 to 9, and two sons, opposite party Nos. 4 and 5. He had another daughter named Mirjan who died during his life time. Shamser Ali died leaving behind heirs, opposite party Nos.10 to 13, and Hosenuddin died leavin......nd reversed the judgment and order passed by the appellate Court. We find no substance in this petition which is accordingly dismissed. Ed. This Case is also Reported in: VIII ADC (2011) 695. ......nd reversed the judgment and order passed by the appellate Court. We find no substance in this petition which is accordingly dismissed. Ed. This Case is also Reported in: VIII ADC (2011) 695. ..Category: Property Law | Date: | Hits: 58
....ise statements by 12th April, 2011 and 1(one) week thereafter the respondent will file the concise statements.
Ed.
This Case is also Reported in: VIII ADC (2011) 685.
......
4. Being aggrieved by the order dated 20.11.2006, the petitioners filed Writ Petition No.3326 of 2007 before the High Court Division and Rule was issued in the writ petition on 03.04.2007. At the time of issuance of the Rule, all further proceedings of the execution case were stayed. A Divisio......perty and on that date the same was sold in auction at TK. 13,50,000.00 being the highest bid. The decree-holder Bank and the executing Court accepted the bid though the execution case was levied for recovery of TK. 15, 26,614.00. The petitioners being the owners of the scheduled property filed an a......lant shall submit the concise statements by 12th April, 2011 and 1(one) week thereafter the respondent will file the concise statements.
Ed.
This Case is also Reported in: VIII ADC (2011) 685.
..
Category: Property Law | Date: | Hits: 48
Government of Bangladesh and another Vs. Monwarul Alam and others, 2011, 40 CLC (AD)
...., 2010 passed by the High Court Division in Civil Revision No.1737 of 1996 is stayed till disposal of the appeal. Ed. This Case is also Reported in: VIII ADC (2011) 679. ......e plaintiffs to hand over possession of the suit land treating the same as vested and non-resident property. The plaintiffs appeared before the defendants on 07.10.1984 and filed an application for time but the prayer was rejected. Defendant No.1 was trying to take possession of the suit land by...... which "tantamounts to dispossession during pendency of the suit," but they having been evicted from the suit property prior to the filing of the suit on 03.11.1984, the suit without the prayer for recovery of khas possession was not maintainable, but the appellate Court though last Court of fac......rder dated the 2nd March, 2010 passed by the High Court Division in Civil Revision No.1737 of 1996 is stayed till disposal of the appeal. Ed. This Case is also Reported in: VIII ADC (2011) 679. ..Category: Property Law | Date: | Hits: 54
Md. Shamsul Hoque Vs. Md. Jabbar and another, 2011, 40 CLC (AD)
.... of court in accordance with Rules. The order of stay granted earlier be extended till disposal of the appeal. Ed. This Case is also Reported in: VIII ADC (2011) 673. ......Chulai acquired that land by purchase from one Sattar Mia by Kabala dated 18.4.1952. The said Md. Chulai died leaving 06 sons and one wife Sakhina Khatun, his other wife Rabaya died during his life time. The three sons of Md. Chulai namely Md. Rawshan, Md. Asgor and Md. Sabdar who are sons of Ch......epare the paper book out of court in accordance with Rules. The order of stay granted earlier be extended till disposal of the appeal. Ed. This Case is also Reported in: VIII ADC (2011) 673. ......epare the paper book out of court in accordance with Rules. The order of stay granted earlier be extended till disposal of the appeal. Ed. This Case is also Reported in: VIII ADC (2011) 673. ..Category: Property Law | Date: | Hits: 76
A. Rahman Lasker and other Vs. Abul Kalam and other, 2011, 40 CLC (HCD)
....he Rule is made absolute. Cases Referred to- Nuruddin Ahmed Vs. Zafarullah Siddique and others, 42 DLR 246; Md. Zahoor Ali Khan, 11 MIA 468 (PC). Lawyers Involved: Ranjan Chakborty, Advocate - For the petitioner. No one appears-For the opposite parties. Civil Revision No. 4301 of ......ion and after alluvial the said land became khas land as re-settlement these defendants. The plaintiffs did not get any settlement from suit plot no. 1020 and did not possess the same in any material time. 4. While the said suit was ready for further hearing on 08.10.1998, after competition of th...... granted at the time of issuance of Rule is hereby vacated. Send down a copy of this order to the Court below at-once for information and necessary action. Ed. This Case is also Reported in: ...... granted at the time of issuance of Rule is hereby vacated. Send down a copy of this order to the Court below at-once for information and necessary action. Ed. This Case is also Reported in: ..Category: Administrative Law | Date: | Hits: 199
Shatadal Mondal Vs. State, 2011, 40 CLC (HCD)
....in any way the privilege of bail. Communicate the order. Md. Ashraful Kamal J. - I agree. Ed. This Case is also Reported in: ......erty to cancel the bail, if the accused appellant misuses in any way the privilege of bail. Communicate the order. Md. Ashraful Kamal J. - I agree. Ed. This Case is also Reported in: ......ttention to the fact narrated in the FIR submits that since the arms was recovered from the house of one Zakir Hossain, who was not been made an accused or witness of the case and as such the alleged recovery was appears to be doubtful. He further submits that since the place of occurrence was not u......cted by the impugned order then he preferred the instant appeal. 3. The learned advocate appearing for the appellant on drawing our attention to the fact narrated in the FIR submits that since the arms was recovered from the house of one Zakir Hossain, who was not been made an accused or witness ..Category: Criminal Law | Date: | Hits: 69
Bangladesh Legal Aid and Services Trust Vs. Bangladesh and others, 2007, 36 CLC (HCD)
....ondents. Judgment November 15, 2007. Result: The Rule is discharged. Cases Referred to- Sharif Nurul Ambia vs. Deputy Commissioner and others, 58 DLR (AD) 253, M Saleem Ullah, Advocate and others vs. Bangladesh and others, 55 DLR 1, M.A. Taher Miah vs. Government of Bangladesh and......er to change the said plan procedures provided under the Act are required to be complied with. Whereas, lay out plan gives demarcation of area in more specific manner which is revisable by RAJUK from time to time keeping in view of the demanding situation. He further submits that the decisions so re......we find no merit in this Rule. In the result the Rule is discharged without any order as to costs. Tariq ul Hakim J.- I agree. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 203. ......we find no merit in this Rule. In the result the Rule is discharged without any order as to costs. Tariq ul Hakim J.- I agree. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 203. ..Category: Property Law | Date: | Hits: 135
Rupali Jute Baling Ltd. Vs. Agrani Bank, 1991, 20 CLC (HCD)
.... PC 112; AIR 1927 Bom. 226; AIR 1925 Cal. 253; AIR 1922 PC 112; ILR 15 Cal. 242; Ahsanullah Vs. Collector of Dacca; ILR 1888 Cal. 242, 36 DLR. Lawyers Involved: HR Sharif with Seema Zahur, Advocates ‑For the Petitioner. Syed Abdur Rahim with Syed Zafar Sohail, Advocates‑ For the Opposit...... suit during which the plaintiff examined P.W.1 and was cross examined by the defendants lawyer on 22.12.88 and the suit was fixed for further hearing on 13.2.89. On that day the defendant prayed for time on the ground that the learned Advocate conducting the, suit for the defendant is engaged in a ......result, this rule in discharged without any order as to cost. The appeal being FAT No.567/1989 is dismissed being barred by limitation. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 232.......result, this rule in discharged without any order as to cost. The appeal being FAT No.567/1989 is dismissed being barred by limitation. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 232...Category: Procedural Law | Date: | Hits: 111
Shadat Ali and another Vs. State, 1991, 20 CLC (HCD)
....assed against him. Let the records of the case be sent down expeditiously. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 217. ......leeding injuries. Accused Shamsuddin assaulted Abdur Rahman with a Bew and accused Nazimuddin took a lathi from the hand of accused Mohiuddin and further assaulted Akram Ali and Abdur Rahman. At that time the informant Mokrarn Ali, P.W.2 was on his duty in the Paper Mill. He got information about th......bail bond forthwith and serve out the remaining sentence passed against him. Let the records of the case be sent down expeditiously. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 217. ......bail bond forthwith and serve out the remaining sentence passed against him. Let the records of the case be sent down expeditiously. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 217. ..Category: Criminal Law | Date: | Hits: 73
Agrani Bank Limited Vs. M/S. Kalipada Saha & Brothers and others, 2011, 40 CLC (AD)
....e appellate Court, consequently, we find no merit in the leave petition. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: VIII ADC (2011) 637.......rther concurred with the finding of the trial Court that the amount of loan recoverable from the respondents was fixed at TK.4,69,899.00 by the head office of the bank giving the defaulter six months time for repayment on deducting the amount of down payment and as per the assessment made by the hea...... to repay the loan, the plaintiff-bank issued a notice, to the respondents who, in their turn, denied repaying the same on 20.4.2004 and, therefore, the plaintiff was constrained to file the suit for recovery of the loan with interest mentioned above. 3. The defendant-respondents contested the su......of fact arrived at by the appellate Court, consequently, we find no merit in the leave petition. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: VIII ADC (2011) 637...Category: Civil Law | Date: | Hits: 55
Aminul Islam Vs. S. M. Habib alias Dulal and others, 2011, 40 CLC (AD)
....s prayed for Parties arc directed to maintain status quo as regards the possession till disposal of the appeal. Ed. This Case is also Reported in: VIII ADC (2011) 631. ......e land in question to the plaintiff. 4. The specific defence case of this defendant is that Sarif Lokman Ahmed sold 13 decimals of land of plot No.4275 to the plaintiff in the year 1981 and at the time of execution and registration of that sale deed several stamp papers were purchased by the plai......book is dispensed with as prayed for Parties arc directed to maintain status quo as regards the possession till disposal of the appeal. Ed. This Case is also Reported in: VIII ADC (2011) 631. ......book is dispensed with as prayed for Parties arc directed to maintain status quo as regards the possession till disposal of the appeal. Ed. This Case is also Reported in: VIII ADC (2011) 631. ..Category: Property Law | Date: | Hits: 51
Zeenat Textile Mills Ltd. Vs. Chairman, Third Labour Court, Dhaka and another, 1991, 20 CLC (HCD)
.... This Case is also Reported in: 44 DLR (HCD) (1992) 213. ......o the case of In re CH Venkatasubbaya reported in AIR 1956 (Madras) Page 452 where it was held by the Madras High Court: "Section 403, Expln. I clearly states that a dishonest misappropriation for time only is a misappropriation within the meaning of this section. The essential thing to be proved......d Labour Court, Dhaka in Complaint Case No.25 of 1984 to have been made without lawful authority and the same is of no legal effect. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 213. ......d Labour Court, Dhaka in Complaint Case No.25 of 1984 to have been made without lawful authority and the same is of no legal effect. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 213. ..Category: Labour and Industrial Law | Date: | Hits: 172
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