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Amirul Huq Shameem and others Vs. AKM Shamsuddin & others, 1995, 24 CLC (HCD)
....gned Judgment passed by the learned District judge, Mymensingh. In the result, the rule is discharged without any order as to costs. Ed. This Case is also Reported in: 49 DLR (HD) (1997) 77. ......gned Judgment passed by the learned District judge, Mymensingh. In the result, the rule is discharged without any order as to costs. Ed. This Case is also Reported in: 49 DLR (HD) (1997) 77. ...... High Court Division (Civil Revisonat Jurisdiction) Present: M Bazlur Rahman Talukder J Amirul Huq Shameem and others……............................Petitioners Vs. AKM Shamsuddin & others..........……………………………………Opposite Parties Judgment N......itted that the granting of injunction by the learned District Judge without fresh evidence has caused an error of law occasioning failure of justice. Mr. Khan has further submitted that when disputed question of fact has arisen, no injunction should be granted. Mr. Khan further submitted that by giv..Category: Civil Law | Date: | Hits: 85
Abdul Khaleque Vs. Abdur Noor and others, 1995, 24 CLC (HCD)
.... agricultural land and section 96 of the Act is only available. In the result, the Rule is discharged without any order as to costs. Ed. This Case is also Reported in: 49 DLR (HD) (1997) 74. ....... 2. The facts leading to the issuance of this Rule are that the petitioner instituted the said Miscellaneous Case under section 24 of the East Bengal Non-Agricultural Tenancy Act stating that the land appertains to Khatian No.554 and it constituted a residential homestead with adjuncts not conne......ut any order as to costs. Ed. This Case is also Reported in: 49 DLR (HD) (1997) 74. ......Tenancy Act and the other plot attached to the homestead being as agricultural land then the pre‑emption under section 96 of the State Acquisition and Tenancy Act will arise and in that situation a question of partial pre‑emption in respect of the lands of the same Khatian will arise and it is n..Category: Property Law | Date: | Hits: 52
Benode Behari Mondal Vs. Arabinda Sarder and others, 1995, 24 CLC (HCD)
.... the said tenants possessed the suit land and thereafter they died leaving the “plaintiffs as their heirs. Plaintiffs” further case is that on 1-11-86 defendants threatened the plaintiffs with dispossession from the suit land and hence they filed Title Suit No.78 of 1986 and defendants filed a w......ted 26-5-42 passed in Miscellaneous Appeal No.69 of 1942 are illegal, void and not binding upon the plaintiffs and also for setting aside the same. 3. The case of the plaintiffs. in short, is that lands of CS Khatian No. 82 corresponding to SA Khatian No.116 originally belonged to Aviram Sarder a...... (1997) 72. ......spose of the appeal within 3(three) months from the date of receipt of the record. The lower court records be sent down immediately. Ed. This Case is also Reported in: 49 DLR (HD) (1997) 72. ..Category: Property Law | Date: | Hits: 51
Alaluddin alias Alauddin and Others Vs. State, 1994, 23 CLC (HCD)
....t the appellants be set at liberty forthwith, if not wanted, in connection with any other case. Send down the L/C records at once. Ed. This case is also Reported in: 49 DLR (HD) (1997) 66. ......2-00 AM on Friday and passed the Friday night at village Wai due to fear of the said miscreants. On 30-11-1985 at about 10‑00 AM her husband participated in a Salish at Rajnarikel Bazar to settle a land dispute between Nandala and Ismail, both are of Rajnarikel. The said salish was scheduled to be......if not wanted, in connection with any other case. Send down the L/C records at once. Ed. This case is also Reported in: 49 DLR (HD) (1997) 66. ......llants, has referred to the case of Abdul Hakim and others Vs. State reported in 43 DLR 389 in support of his contention that confessional statement recorded in a plain paper without the narration of questions and answers may make it inadmissible if the provisions of section 164 CrPC on material poi..Category: Criminal Law | Date: | Hits: 74
....District Dhaka now detained in Dhaka Central Jail be released at once unless his further detention is required in any other connection.
Ed.
This Case is also Reported in: 49 DLR (HD) (1997) 63.
......District Dhaka now detained in Dhaka Central Jail be released at once unless his further detention is required in any other connection.
Ed.
This Case is also Reported in: 49 DLR (HD) (1997) 63.
......eleased at once unless his further detention is required in any other connection.
Ed.
This Case is also Reported in: 49 DLR (HD) (1997) 63.
......ticle 102(2) (b) (i) of the Constitution the detention of Md. Mamun Rana, son of Muklesur Rahman of No. 44, Lalchan Mukim Lane, police station Sutrapur, District Dhaka Central Jail has been called in question.
2. The detenu Md. Mamun Rana, was taken into custody in execution of an order of detent..
Category: Criminal Law | Date: | Hits: 105
Shamsul Haque (Md.) Vs. Bangladesh,1995, 24 CLC (HCD)
.... want to address ourselves on merit of the case. In the result, the application is rejected in limine without any order as to costs. Ed. This Case is also Reported in: 49 DLR (HD) (1997) 62. ...... want to address ourselves on merit of the case. In the result, the application is rejected in limine without any order as to costs. Ed. This Case is also Reported in: 49 DLR (HD) (1997) 62. ...... the result, the application is rejected in limine without any order as to costs. Ed. This Case is also Reported in: 49 DLR (HD) (1997) 62. ......the impugned orders of transfer infringed Rule 4 of the Government Servant (Appointment and Promotion) Rules. Secondly, the transfer order is mala fide and without any lawful authority. To answer our question as to maintainability of the petition Mr. Hossain contends that the petition is competent u..Category: Administrative Law | Date: | Hits: 205
Abdur Rahman and others Vs. Abdus Sattar and others, 1995, 24 CLC (HCD)
..... In the result the Rule is made absolute and no order is made as to costs. Send down the records to the lower court immediately. Ed. This case is also Reported in: 49 DLR (HD) (1997) 60. ......ned behind their back. The present petitioners filed an application before the trial Court for adding them as a party on the ground that all the properties were not brought into hotchpotch of all the lands belonging to one Nalu in his different Jotes and the petitioners are co‑sharers and possesso......e lower court immediately. Ed. This case is also Reported in: 49 DLR (HD) (1997) 60. ......nheritance, purchase and gift. In spite all these, the plaintiff brought the present suit without impleading the petitioners as parties. The petitioners have interest in the properties of the suit in question and unless they are made parties they will be prejudiced and shall suffer irreparable loss ..Category: Property Law | Date: | Hits: 47
....opposite party No.3, the Superintendent, Dhaka Central Jail, Dhaka is directed to report compliance with the above order to this court.
Ed.
This case is also Reported in: 49 DLR (HD) (1997) 57.
......opposite party No.3, the Superintendent, Dhaka Central Jail, Dhaka is directed to report compliance with the above order to this court.
Ed.
This case is also Reported in: 49 DLR (HD) (1997) 57.
...... Central Jail, Dhaka is directed to report compliance with the above order to this court.
Ed.
This case is also Reported in: 49 DLR (HD) (1997) 57.
...... of Criminal Procedure, the detention of one Md. Nazimuddin, son of Kumaruddin of 10/2 Sayedabad, Police station Demra, District Dhaka now detained in custody in Dhaka Central Jail has been called in question.
2. The detention of the detenu, Md. Nazimuddin, has been challenged by the petitioner M..
Category: Criminal Law | Date: | Hits: 69
Hazi Abdul Hakim Khan Vs. Lal Miah Saiyal alias Lal Miah and others, 2012, 41 CLC (AD)
.... Title Suit No. 3 of 2005 thereby dismissing the suit. 2. The facts of the case in brief are as follows: The petitioner as plaintiff filed a suit for declaration of title and recovery of khas possession in respect of the suit land, that is, .08 acre of land out of .28 acre of land of the sui......dismissing the suit. 2. The facts of the case in brief are as follows: The petitioner as plaintiff filed a suit for declaration of title and recovery of khas possession in respect of the suit land, that is, .08 acre of land out of .28 acre of land of the suit Plot, stating that .28 acre land......J. – I agree. Syed Mahmud Hossain J. – I agree. Ed. This Case is also Reported in: ......ree. Surendra Kumar Sinha J. – I agree. Abdul Wahhab Miah J. – I agree. Nazmun Ara Sultana J. – I agree. Syed Mahmud Hossain J. – I agree. Ed. This Case is also Reported in: ..Category: Property Law | Date: | Hits: 70
....ence by this Court.
In the result this Rule is discharged. But in the facts and circumstances of the case we pass no order as to cost.
Ed.
This Case is also Reported in: 50 DLR (HCD) (1998) 1.......ence by this Court.
In the result this Rule is discharged. But in the facts and circumstances of the case we pass no order as to cost.
Ed.
This Case is also Reported in: 50 DLR (HCD) (1998) 1.......harged. But in the facts and circumstances of the case we pass no order as to cost.
Ed.
This Case is also Reported in: 50 DLR (HCD) (1998) 1.......979 (SC) 193. In the relevant law there was no provision for removing the employees by the Chief Justice of the High Court, but the Chief Justice was the authority to appoint him. In that case such a question arose as to the power and scope of appointment. The Supreme Court of India in describing th..
Category: Employment/Service Law | Date: | Hits: 158
Bangladesh Agricultural Development Corporation Vs. Md. Abdur Rashid and others, 2012, 41 CLC (AD)
....gree. Md. Abdul Wahhab Miah J. – I agree. Nazmun Ara Sultana J. – I agree. Muhammad Imman Ali J. – I agree. Md. Shamsul Huda J. – I agree. Ed. This Case is also Reported in: ......gree. Md. Abdul Wahhab Miah J. – I agree. Nazmun Ara Sultana J. – I agree. Muhammad Imman Ali J. – I agree. Md. Shamsul Huda J. – I agree. Ed. This Case is also Reported in: ...... Ali J. – I agree. Md. Shamsul Huda J. – I agree. Ed. This Case is also Reported in: ......to show that the respondents of the instant leave petition had voluntarily retired and were not terminated; the High Court Division committed error in rejecting the review application holding that ‘question of termination in the garb of voluntary retirement was raised, considered and finally decid..Category: Employment/Service Law | Date: | Hits: 73
State Vs. Dr. AZM Zahid Hossain and another, 2012, 41 CLC (AD)
.... Hossain, former Secretary General of Bangladesh Medical Association, Dhaka purchased 10,00,000 lottery tickets on credit until the last date for sale of tickets on 23.02.2004 and keeping them in the possession of B.M.A. illegally took part in the lottery draw and won the first prize of Tk.30,00,000......12. Surendra Kumar Sinha J – I agree. Md. Abdul Wahhab Miah J – I agree. Nazmun Ara Sultana J – I agree. Syed Mahmud Hossain J – I agree. Ed. This Case is also Reported in: ......ana J – I agree. Syed Mahmud Hossain J – I agree. Ed. This Case is also Reported in: ......12. Surendra Kumar Sinha J – I agree. Md. Abdul Wahhab Miah J – I agree. Nazmun Ara Sultana J – I agree. Syed Mahmud Hossain J – I agree. Ed. This Case is also Reported in: ..Category: Criminal Law | Date: | Hits: 92
Mohadashi Sutradhar and another Vs. Monindra Chandra Sannyashi and others, 2011, 40 CLC (AD)
....belonged to Alokeshi Bewa and her name was correctly recorded in the C.S. Khatian. Alokeshi Bewa died leaving behind her brother-in-law's son Surendra Mohan Sarkar. While Surendra Mohan Sarkar was in possession of the said land as the rightful owner he sold 27 decimals of land from plot No.1054 to S......1-4 as plaintiffs instituted Title Suit No. 190 of 1999 in the Court of Assistant Judge, Dhamrai, Dhaka against the petitioners and respondent Nos.5 and 6 for declaration of their title to the suit land and for further declaration that the deed dated 04.12.1997 in respect of the suit land was not ...... 773. ...... those of the appellate Court and consequently no merit in the submission of Mr. Awlad Ali. Accordingly, this petition is dismissed. Ed. This Case is also Reported in: VIII ADC (2011) 773. ..Category: Property Law | Date: | Hits: 68
Sukendra Bikas Das and others Vs. Anil Baran Das and others, 2010, 39 CLC (AD)
....al shares. Mohendra Lal Das got 1.36 acres in his share who transferred .80 acre in favour of his wife Josoda Kumari by kabala dated 13th November, 1928. Josoda Kumari while enjoying right, title and possession died leaving the plaintiff as only son to inherit her property. As the plaintiff was stay......aces in connection with his service, he failed to attend during B.S. survey at home. Taking advantage of his absence, the defendants managed to record their names, which clouded his title in the suit land. Mohendra Lal Das transferred to his wife Josoda Kumari, .80 acre keeping only .56 acre, whic...... till disposal of the appeal. End. This Case is also Reported in: VIII ADC (2011) 764. ......pare the paper book out of court in accordance with rules. The order of stay granted earlier be extended till disposal of the appeal. End. This Case is also Reported in: VIII ADC (2011) 764. ..Category: Property Law | Date: | Hits: 74
Jiban Chandra Sarkar Vs. Md. Rafizuddin Bepary and others, 2011, 40 CLC (AD)
....eclaration that RS record was wrong and also for partition contending, inter alia, that the suit land belonged to Rashu Pramanik and others. Aditya Pramanik was the tenant under them. Aditya being in possession died leaving behind five sons named Lalit, Mahesh, Krishna, Purna and Gadadhar. CS Khatia......plaintiff instituted Title Suit No.11 of 2001 in the Court of Assistant Judge, Singair, Manikganj for declaration that RS record was wrong and also for partition contending, inter alia, that the suit land belonged to Rashu Pramanik and others. Aditya Pramanik was the tenant under them. Aditya being ....... ......) is to be deposited within one month. The petitioner is permitted to prepare the paper books out of Court in accordance with Rules. Ed. This Case is also Reported in: VIII ADC (2011) 760. ..Category: Property Law | Date: | Hits: 66
Bangladesh Water Development Board Vs. Md. Shafiqul Islam and others, 2010, 39 CLC (AD)
....titioners arc permitted to add the additional grounds. The order of status-quo granted earlier be extended till disposal of the appeal. Ed. This Case is also Reported in: VIII ADC (2011) 752.......titioners arc permitted to add the additional grounds. The order of status-quo granted earlier be extended till disposal of the appeal. Ed. This Case is also Reported in: VIII ADC (2011) 752.......ded till disposal of the appeal. Ed. This Case is also Reported in: VIII ADC (2011) 752.......d the petitioners to pay higher scale in failing to notice that the circular upon which the writ petitioners are claiming benefit is not at all applicable to the post of Extension Overseers. The moot question involved in this petition are whether, Bangladesh Water Development Board violated any prov..Category: Employment/Service Law | Date: | Hits: 94
....itle Suit No.75 of 1984 in the Court of Senior Assistant Judge, Barisal for declaration of title to the suit land. Subsequently by amendment of the plaint the plaintiffs prayed for recovery of khas possession. In the suit the predecessor of the petitioners and respondent Nos.4 to 13 were impleaded......2. The predecessors of respondent Nos.1 (a) to 1(c), 2 and 3 as plaintiffs instituted Title Suit No.75 of 1984 in the Court of Senior Assistant Judge, Barisal for declaration of title to the suit land. Subsequently by amendment of the plaint the plaintiffs prayed for recovery of khas possession....... No.625 of 1995 is stayed till disposal of the appeal.
Ed.
This Case is also Reported in: VIII ADC (2011) 744.
......t and order dated 28-29/10/2008 passed by the High Court Division in Civil Revision No.625 of 1995 is stayed till disposal of the appeal.
Ed.
This Case is also Reported in: VIII ADC (2011) 744.
..
Category: Property Law | Date: | Hits: 83
Noni Gopal Das and others Vs. Dinesh Chandra Das and others, 2011, 40 CLC (AD)
....of TK. 50,000.00 from the plaintiff, and his nephew Dilip Kumar Das transferred 1.60 acres of land including the suit land by executing and registering the kabala dated 04.07.1985. After handing over possession of the transferred land to the plaintiff and Dilip Kumar Das, Narayan Chandra Das left fo......t the deed described in schedule 'Ka' to the plaint was false, forged, not acted upon and not binding upon him. 3. The plaint case, in short, was that Narayan Chandra Das transferred 1.60 acres of land including the suit land to the plaintiff and his nephew Dilip Kumar Das by a kabala dated 04.07......011) 739. ......handra Das who always used to take care of him and being impressed by their love and affection in his old age Narayan Chandra Das transferred the suit land measuring 1.48 acres to them by the deed in question. The defendants also accepted the gift. The deed of gift was executed by Narayan Chandra Da..Category: Property Law | Date: | Hits: 62
Md. Hossain Ahmed Vs. Bangladesh House Building Finance Corporation and another, 2011, 40 CLC (AD)
.... the executing Court disposed of the execution case on full satisfaction. Thereafter, the decree-holder-respondent No.1 filed an application before the execution Court on 25.01.2007 for delivery of possession of the mortgaged property in favour of respondent No.2 by evicting the original judgment-......angladesh House Building Finance Corporation Order, 1973 (P.O. No.7 of 1973) against the petitioner for realization of an amount of TK. 8,95,690.25 as on 31.12.1998 along with interest by selling the land along with the building standing thereon as fully described in the schedule to the applicatio...... Accordingly, the leave petition is dismissed. Ed. This Case is also Reported in: VIII ADC (2011) 721. ......009 passed by the High Court Division in Civil Revision No.1080 of 2009). Judgment Md. Abdul Wahhab Miah J. - In this petition for leave to appeal the judgment-debtor-petitioner has called in question the propriety of the judgment and order dated the 8th day of November, 2009 passed by the H..Category: Civil Law | Date: | Hits: 108
Rafiqul Hossain @ Ranaesh and another Vs. Lal Mohan Saha and others, 1991, 20 CLC (HCD)
....witness to the notice of the temporary injunction which was received by the opposite parties by putting his signature. He also corroborated the testimony of P.W.2 that the petitioners in course of dispossession of the opposite parties uttered that they would not obey the order of the Court. P.W.6 sa......t found that the petitioners violated the order of injunction on 13 Bhadra and 15 Bhadra 1388 BS and the opposite party 1 (P.W.1) got the information from his borgader ldris Ali P.W.2 who went to the land and the petitioners told him that that they would not obey the order of the Court. P.W.6 Abdur ...... costs. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 718. ......attachment was wrong in law and resulted in occasioning failure of justice inasmuch as the Courts below failed to take into consideration the material aspect as to the date of cutting of the paddy in question and the date of service of writ of temporary injunction on them properly. Dr. Ahmed Hossain..Category: Criminal Law | Date: | Hits: 90
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