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Dawad Ali Sardar (Md) Vs. Kazi Mujibar Rahman and others, 2008, 37 CLC (AD)
....se No. 70/88 Kali, TR 06/1989 on 27-2-1988 before the Upazila Magistrate, Kaliganj stating, inter alia, on 26-2-1988 at 10-00 AM he was plucking tamarind from the tamarind tree standing on his own land. PW 2, Sufia Khatun was collecting those from the ground. At that time PW 1 Saker Ali (an......sp; April 8, 2008. Lawyers Involved: NK Saha, Senior Advocate instructed by Md. Aftab Hossain, Advocate-on-Record—For the Petitioner. Not represented—The Respondents. Judgment &nbs......By this petition the petitioner seeks review of the judgment dated 5-12-2007 passed in criminal petition for leave to appeal No. 428 of 2006 dismissing the petition. 2. Short facts are that the complainant petitioner Daud Ali Sardar filed CR Case No. 70/88 Kali, TR 06/1989 on 27-2-19......r Rahman and others............... Respondents Judgment April 8, 2008. Lawyers Involved: NK Saha, Senior Advocate instructed by Md. Aftab Hossain, Advocate-on-Record—For the Petitioner. N..Category: Criminal Law | Date: | Hits: 34
State Vs. Sailendra Chandra Borman, 2008, 37 CLC (AD)
....Gopal Ghosh and Ranjit Kumar Ghosh created a kabala deed No. 4115 dated 30-6-1992 and another kabala deed No. 4129 dated 30-6-1992 by false personification and interpolation by inserting 3.97 acres land in place of 0.97 acres of land and thereby they committed offences under the aforesaid provisio......tin J State..........Appellant Vs. Sailendra Chandra Borman..................Respondent Judgment March 13, 2008. Cases Referred to- Shamsuddin Ahmed Chowdhury vs. State, 49 DLR (AD) 159; Ali Aman vs. State, 5 ML......king the Rule absolute and quashing the proceedings of Special Case No.7 of 1996 under sections 419/ 420/467/471/109 of the Penal Code read with section 5(2) of Act II of 1947. 2. Short facts are that one Mohammad Abul Kashem, Assistant Inspector of District Anti-Corruption Bureau, Kushtia lodged......nbsp; Md. Abdul Matin J State..........Appellant Vs. Sailendra Chandra Borman..................Respondent Judgment Ma..Category: Criminal Law | Date: | Hits: 63
Saimuddin (Md) Vs. Amjad Ali and others, 2007, 36 CLC (AD)
.... declaration of title and recovery of khas possession in the suit property stating, inter alia, that the suit properties were granted permanent lease in 1327 BS at annual rent of Taka 66/4/0 by ex-landlords Sree Provash Chandra Basak and others in favour of Nayebuddin Sarker and others and that......sp; April 24, 2007. Lawyers Involved: Mostafa Niaz Mohammad, Senior Advocate instructed by Sufia Khatun, Advocate-on-Record—For the Petitioner. ASM Khaliquzzaman, Advocate-on-Record—For Respondent Nos. 1-6.......Judgment April 24, 2007. Lawyers Involved: Mostafa Niaz Mohammad, Senior Advocate instructed by Sufia Khatun, Advocate-on-Record—For the Petitioner. ASM Khaliquzzaman, Advocate-on-Record&m....................Respondents Judgment April 24, 2007. Lawyers Involved: Mostafa Niaz Mohammad, Senior Advocate instructed by Sufia Khatun, Advocate-on-Record—For the Petitioner. ASM Kh..Category: Property Law | Date: | Hits: 22
Moulana Delwar Hosain Saydee Vs. Sudhangshu Shekhor Halder and others, 2000, 29 CLC (AD)
....s also without jurisdiction. For all the above reasons, both the appeals are allowed without any order as to costs. Ed. This Case is also Reported in: 52 DLR (AD) (2000) 20. ...... in: 52 DLR (AD) (2000) 20. ......t’s Order No. 155 of 1972), Article 31(2) (d) (e) A ballot paper is to be stamped on its back with full official mark and counterfoil is also to be stamped accordingly but during rush that follows a brisk polling it may not be possible to follow the same in full in letter and spirit......ar Hosain Saydee………………………………………………. Appellant Vs. Sudhangshu Shekhor Halder and others………………………&hellip..Category: Election Law | Date: | Hits: 126
Amal Kumar Moitra Vs. Md. Mashiur Rahman, 1978, 7 CLC (AD)
....115 of the Code of Civil Procedure. 3. Respondent No. 1 instituted a suit being title suit No. 673 of 1969in the Court of 1st Munsif, Kushtia for declaration of title in respect of the entire suit land and for declaration that 1/3rd share recorded in the S. A. khatian in the name of the principal......978) 244. ......n Title suit No. 673 of 1969 allowing the prayer for addition of the appellant as defendant No. 7 in the suit under Order I, rule 10 of the Code of Civil Procedure. 2. Appellant’s contention is that the learned Judge failed to appreciate the limited scope of interference with the order of the M......February 23, 1978. Case Referred to: Shahaza Muhd Umar Beg Vs. Sultan Muhammad Khan (1970) 22 DLR (SC) 41. Lawyers Involved: Md. Ansar Ali, Advocate instructed by S.S. Hoda Advocate-on-Record – For the Appellant. Abdul Hamid, Advocate instructed by B.C. Panday, Advocate-on-Record- ..Category: Tenancy Law | Date: | Hits: 142
Leakat Ali Sowdagar Vs. Abdus Salam Sowdagar and another, 1978, 7 CLC (AD)
.... a certain premises on the allegation that the petitioner was a monthly tenant under the Respondents in respect o the said premises. The petitioner contested the two suits denying the relationship of land lord and tenant between them and contending, inter alia, that he had acquired non-agricultural ......dgment of a single Judge of the High Court Division discharging two rules issued on two applications of the petitioner under section 25 of the Small Cause Courts Act, preferred against the decrees passed in Small Cause Courts suit Nos. 12 of 1972 and 11 of 1973 brought by the respondents against t......itioner. Ex-parte — For the Respondent. Civil Petition for Special Leave to Appeal Nos. 186 and 187 of 1976. (From Civil Revision Nos. 1552 and 1553 of 1975) Judgment Debesh Chandra Bhattacharya J.—These two petitions for special leave to appeal are against a judgment of a singl......etitioner Vs. Abdus Salam Sowdagar and another….. Respondents Judgment December 7, 1976. Lawyers Involved: B. B. Roy Chowdhury, Advocate, instructed by Aminul Huq, Advocate-on-Record—For the Petitioner. Ex-parte — For the Respondent. Civil Petition for Special Leave to..Category: Tenancy Law | Date: | Hits: 163
Azizul Hoque Vs. State and others, 2007, 36 CLC (AD)
..... 2, as informant, lodged FIR before Nazirpur Police Station stating that on 9-5-1998 at 6-00 AM the accused petitioner and others forming unlawful assembly with deadly weapons entered the schedule land and cut and took away ripe paddy valued at Taka 1,25,000 and on getting the information when .........Petitioner Vs State and others.................Respondents Judgment February 26, 2007. Cases Referred To- Abid Hossain Babu Vs. Gazi Mojibul Hoque 4 MLR 55; Samarendra Nath Goswam......iminal Revision No. 130 of 1999 affirming the order dated 4-11-1999 passed by 1st Class Magistrate Perojpur in GR Case No. 208 of 1998 discharging the accused petitioner. 2. Brief facts are that the respondent No. 2, as informant, lodged FIR before Nazirpur Police Station stating that on ...... Abid Hossain Babu Vs. Gazi Mojibul Hoque 4 MLR 55; Samarendra Nath Goswami vs. Helena Herlovi 5 BLT (AD) 67 = 3 BLC (AD) 52. Lawyers Involved: Syed Mahbubar Rahman, Advocate-on-Record— For the Petitioner. Not represented-Respondents. Criminal Petition for Le..Category: Criminal Law | Date: | Hits: 39
A. B. M. Shamsuddin Vs. Mahmuda Selina and others, 2006, 35 CLC (AD)
.... suit against defendant No. 1, Anowara Begum for specific performance of contract stating, inter alia, that the said defendant No. 1 entered into a contract with the plaintiff for sale of the suit land at a consideration of Tk. 28,00,000/-; that on receipt of Tk.5,00,000/- on 03-02-1995 ex......n this petition. Accordingly, it is dismissed. Ed. ......ffirming the judgment and order dated 14-07-1998 passed by the learned Subordinate Judge, 1st Court, Narayangonj in Title Suit No. 70 of 1995 rejecting the plaint. 2. Facts, in brief, are that the plaintiff instituted the above mentioned suit against defendant No. 1, Anowara Begum for sp......others. ........................ Respondents. Judgement: November 16, 2006. Lawyers Involved: Fariduddin Md. Reza, Advocate, instructed by Md. Nawab Ali, Advocate-on-Record- For the Petitioner. Not represented- the Respondents. Civil Petition for Leav..Category: Property Law | Date: | Hits: 41
Chittagong Dock Sramik Parichalana Board and others Vs. Shamsul Haque and others, 2007, 36 CLC (AD)
....I of 1982), Section 7(3) Since the requiring body paid the full amount of compensation and the concerned authority repeatedly rejected the prayer of respondent No. 1 to release .28 acres of land from acquisition, the High Court Division was not justified in directing the acquiring body to...... 68. ......in directing the acquiring body to release the land in question…………….(6) Lawyers Involved: Rokonuddin Mahmud, Senior Advocate, instructed by Sufia Khatun, Advocate-on-Record—For the Appellants. ABM Nurul Islam. Senior Advocate ....... The Acquisition and Requisition of Immovable Property Ordinance, 1980 (II of 1982), Section 7(3) Since the requiring body paid the full amount of compensation and the concerned authority repeatedly rejected the prayer of respondent No. 1 to release .28 acres of land from acquisit..Category: Labour and Industrial Law | Date: | Hits: 83
Anti-Corruption Commission Vs. Barrister Nazmul Huda and others, 2008, 37 CLC (AD)
....id, "amidst the clash of arms the laws are not silent. They may be changed but they speak the same language in war and peace." Habeas Corpus Suspension Act and the Emergency (Defence) Act, 1939 in England are the other examples. In India in 1975 though 9 High Courts held that writ petitions in the n......008) 256. ......r Ali 27 DLR (AD) 16; 1991 BLD (AD) 96 = 43 DLR (AD) 119, 1994 BLD (AD) 184 = 46 DLR (AD) 143; 1999 BLD (AD) 202 = 51 DLR (AD) 162. Lawyers Involved: Anisul Huq, Advocate instructed by Sufia Khatun, Advocate-on-Record—For the Appellant (In both the cases). Khandker Mahbubuddin Ahmed, S......on (Criminal) Present: Md. Ruhul Amin CJ Md. Fazlul Karim J MM Ruhul Amin J Md. Tafazzul Islam J Md. Joynul Abedin J Md. Hassan Ameen J Md. Abdul Matin J Anti-Corruption Commission ........................Appellant (In both the cases) Vs. Barrister Mir..Category: Anti-Corruption Laws | Date: | Hits: 219
Abdul Mannan Bhuiyan and another Vs. State, 2007, 36 CLC (AD)
....rtal per se is not illegal but where any call for hartal is accompanied by threat it would amount to intimidation and the caller for hartal or strike would be liable under the ordinary law of the land. It is therefore my view and we agree with the ratio in the flag burning case that where an a......ivision (Criminal) Present: Md. Ruhul Amin CJ Mohammad Fazlul Karim J MM Ruhul Amin J Md. Tafazzul Islam J Md. Joynul Abedin J Md. Hassan Ameen J Md. Abdul Matin J Abdul Mannan Bhuiya ………&hellip......or the Appellants (In both cases). Fida M. Kamal, Attorney General (Syed Haider Ali, Deputy Attorney General and Zahurul Islam, Mukul, Deputy Attorney General with him) instructed by Sufia Khatun, Advocate-on-Record-For the Respondents (In both cases). Criminal Appeal Nos. 24 &am......s Judgment December 2, 2007. The Code of Criminal Procedure, 1898 (V of 1898), Section 561A Suo moto rule In the absence of any proceeding pending in any subordinate Court or before the High Court Division, it cannot issue suo moto rule under section 561A ..Category: Criminal Law | Date: | Hits: 79
Md. Abu Alam Vs. Zarina Begum and others, 2006, 35 CLC (AD)
....hittagong in Other Suit no. 79 of 1979 dismissing the same. The suit filed seeking a decree for permanent injunction against the defendant nos. 1-4. 2. The case of the plaintiff is that the land in suit was owned by Abdul Hamid predecessor of the defendant Nos. 1-9. He sold the same ......ted by A.K.M. Shadidul Huq, Advocate-on- Record-For the Appellant. Not represented- Respondents. Civil Appeal No. 181 of 2002. (From the Judgment and Order dated April 26,1999 passed by the High Court Division in Civil Revision No. 2707 of 1995) Judgment: ......aozan, Chittagong in Other Suit no. 79 of 1979 dismissing the same. The suit filed seeking a decree for permanent injunction against the defendant nos. 1-4. 2. The case of the plaintiff is that the land in suit was owned by Abdul Hamid predecessor of the defendant Nos. 1-9. He sold t...........................Appellant Vs Zarina Begum and others..............Respondents Judgment July 5, 2006. Lawyers Involved: Khondker Mahbubuddin Ahmed, Senior Advocate, instructed by A.K.M. Shadidul Huq, Advocate-on- Record-For the Appellant. Not r..Category: Property Law | Date: | Hits: 42
Badal Chandra Das and others Vs. Amena Khatun, 2005, 34 CLC (AD)
....in Other Class suit No.265 of 1996 dismissing the suit. 2.The respondent as the plaintiff instituted the suit for declaration of title and recovery of khas possession in respect of the suit land stating, inter alia, that the suit land measuring .04 acres from Plot No. 50 in old Khati......d. ...... (Civil) Present: Mohammad Fazlul Karim J M. A. Aziz J Amirul Kabir Chowdhury J Badal Chandra Das and others .........Appellants Vs. Amena Khatun .............................Respondent Judgment April 5, 2005. Lawyers...... and others .........Appellants Vs. Amena Khatun .............................Respondent Judgment April 5, 2005. Lawyers Involved: A. J. Mohammad Ali, Senior Advocate, instructed by Md. Aftab Hossain, Advocate-on-Record- For the Appellants. Sultan..Category: Property Law | Date: | Hits: 34
Sree Girish Chandra Barman Vs. Md. Yasin Ali and other, 2006, 35 CLC (AD)
....Lalmonirhat Sadar, in Miscellaneous Case No. 53 of 1996 refusing pre-emption. 2. The petitioner, the pre-emptor, filed the above Miscellaneous Case No.53 of 1996 for pre-emption of the case land under Section 96 of the State Acquisition and Tenancy Act 1950 stating, inter alia, that he is......Present Md. Ruhul Amin J Md. Tafazzul Islam J Sree Girish Chandra Barman………………………Petitioner Vs. Md. Yasin Ali and other ……………………Respondent ...... by the High Court Division in Civil Revision No. 3948 of 2002 discharging the Rule obtained against the judgment and order dated 18.5.2002 passed by the learned Additional District Judge, Lalmonirhat in Miscellaneous Appeal No. 6 of 1999 affirming, with some modification, those of dated 30......Vs. Md. Yasin Ali and other ……………………Respondent Judgment May 7, 2006. Lawyers Involved: Mahmudul Islam, Senior Advocate, with Probir Neogi, Advocate, instructed by Md. Ahsan Ullah Patwary, Advocate-on-Record..Category: Property Law | Date: | Hits: 34
Humayun Kabir Khan Vs. Md. Nurul Haque & others, 2006, 35 CLC (AD)
....p; Short facts are that the respondent-pre-emptor filed the Miscellaneous Case (Preemption) No. 44 of 1987 in the Court of Assistant Judge, Bhandaria, Pirojpur seeking pre-emption of the case land stating, inter alia, that Hara Kumar Debnath was a co-sharer in Khatian No. 1533. He transferr......lip;………........Appellant Vs Md. Nurul Haque & others ...........Respondents Judgment November 28, 2006. Lawyers Involved: Hurunur Rashid, Advocate instructed by Md. Nawab Ali, Advocate-on-Record-For the Appellant. Hasan Fai......rected against the judgment and order dated 25.05.1998 passed by a Single Bench of the High Court Division in Civil Revision No. 1233 of 1996 discharging the Rule. 2. Short facts are that the respondent-pre-emptor filed the Miscellaneous Case (Preemption) No. 44 of 1987 in the ...... Md. Nurul Haque & others ...........Respondents Judgment November 28, 2006. Lawyers Involved: Hurunur Rashid, Advocate instructed by Md. Nawab Ali, Advocate-on-Record-For the Appellant. Hasan Faiz Siddiqui, Advocate instructed by Aftab Hossain, Advocate-on..Category: Property Law | Date: | Hits: 31
Mir Kalimuddin and others Vs. Md. Dukhi Mondal and others, 2003, 32 CLC (AD)
....eal No. 205 of 1979 allowing the appeal. 2. The facts, in short, are that the plaintiff-respondent filed a suit for declaration of title and confirmation of possession in respect of the suit land measuring 3.75 acres. The suit land originally belonged to one Hajarilal Mondal, who died leav......ion calling for our interference. The leave petition is dismissed. Ed. ...... appeal against the judgment and decree dated 5-2-2002 passed, by a Single Bench of the High Court Division in Second Appeal No. 205 of 1979 allowing the appeal. 2. The facts, in short, are that the plaintiff-respondent filed a suit for declaration of title and confirmation of possession ......ioners Vs. Md. Dukhi Mondal and others…………... Respondents Judgment April 5, 2003. Lawyers Involved: Md. Nawab Ali, Advocate-on-Record — For the Petitioners. Nurul Amin, Advocate instructed by AKM Shahidul Huq, Advoc..Category: Property Law | Date: | Hits: 35
Khan Md. Firoj Kabir Vs. Rupali Bank Ltd. and others, 2006, 35 CLC (AD)
.... on the date of hearing and participate at the trial. 9. In the decision reported 45 DLR 638, as cited from the Bar, the plaintiff filed a partition suit praying for saham in respect of suit land and the written statement filed by the defendant No. 88 on 18-8-84 was rejected on 27-8-84 and...... Khan Md. Firoj Kabir...................................Appellant Vs. Rupali Bank Ltd. and others... ...................Respondents Judgment March 12, 2006. Cases Referred to- Fazlul Huq vs. Md. Tahed Ali, 47 DLR 326; Messrs Adamjee Jute Mills Ltd vs......the suit for ex parte hearing in view of the default of the defendants to file written statement within two months. 2. The appellant, as plaintiff, filed the above suit seeking declaration that the order dated 26-1-1997 placing him under suspension is void and illegal and the notice dated...... Chairman 3rd Labour Court 39 DLR 11; Lal Mamud Vs. Siraj Miah 45 DLR 638; Afsaruddin Ahmed Vs Banque Indosuez, 44 DLR (AD) 136. Lawyers Involved: Syed Mahbubar Rahman, Advocate-on-Record— For the Appellant. Mahmudul Islam, Senior Advocate (Probir Neogi, Advocate with ..Category: Employment/Service Law | Date: | Hits: 120
Shahid Hossain Khan (Md) Vs. Abdul Bashed Lashkar and others, 2006, 35 CLC (AD)
....; e.g., in the case of a bailment".(The Concise Law Dictionary by PG Osborn,4th Edition). Property: "The right to possess, use and enjoy a determinate thing (either a tract of land or a chattel); the right of ownership; Any external thing over which the rights of possession...... Appellate Division (Criminal) Present: Md. Ruhul Amin J Md. Tafazzul Islam J Shahid Hossain Khan (Md) .....................Appellant Vs. Abdul Bashed Lashkar and others..........Respondents Judgment July 17, 2006. Cases ......from admitting girl students in Nalchity Merchants High School. The plaintiff claiming himself as the Vice-Chairman of the Nalchity Girls High School filed the aforesaid suit stating, inter alia, that Nalchity Girls High School (the School) was established in 1966 for the purpose of imparting ed...... Abdul Bashed Lashkar and others..........Respondents Judgment July 17, 2006. Cases Referred To- Buchanen vs Wasley, 245 US 60 at p. 74; Rajahmundry Electronic Supply Corporation vs State of Andhra, (1954) SCR 779 at p. 780. Lawyers Involved: AF Hasan Ar..Category: Civil Law | Date: | Hits: 216
Jashimuddin Kanchan (Md) Vs. Md. Ali Ashraf, 1990, 19 CLC (AD)
....9), section 7 The Evidence Act, 1872 (I of 1872), section 64 The Transfer of Property Act, 1882 (IV of 1882), section 111(f) Practice & Procedure Surrender of an under-tenancy right to the landlord need not be in writing. It may be inferred from act and conduct of the parties as well. On ......s case is also reported in: 42 DLR (AD) (1990) 289 ......erred from act and conduct of the parties as well. On consideration of evidence, oral and documentary, and the attending circumstances, both the trial Court and the appellate Court came to a finding that Ram Prosad had surrendered the land whereupon the landlord took over its possession. This findin......ection 7 The Evidence Act, 1872 (I of 1872), section 64 The Transfer of Property Act, 1882 (IV of 1882), section 111(f) Practice & Procedure Surrender of an under-tenancy right to the landlord need not be in writing. It may be inferred from act and conduct of the parties as well. On consi..Category: Property Law | Date: | Hits: 38
Upendra Chandra Rishi and ors. Vs. Sufia Begum and ors., 1990, 19 CLC (AD)
....Order 9 rule 13 of the Code of Civil Procedure. 2. Plaintiff-respondent Nos. 1-4 instituted Title Suit No. 589 of 1980 in the Court of Subordinate Judge, Dhaka for declaration of title to the suit land. The suit was decreed ex parte on 1.12.80 The defendant-appellants filed Miscellaneous Case N......sidered by the High Court Division and the trial court, it is convincingly proved that the defendant appellants came to know of the ex-parte decree for the first time on 20.7.1981. the miscellaneous case having been filed on 05.08.1989, the same was not barred by limitation……………………(2......r this relevant provision of law and committed error. Considering the evidence adduced by the appellants not duly considered by the High Court Division and the trial court, it is convincingly proved that the defendant appellants came to know of the ex-parte decree for the first time on 20.7.1981. th......5, 1990. Result: The appeal is allowed with costs. The Code of Civil Procedure, 1908 (V of 1908), Order V rule 17 The Civil Rules & Orders Vol. I rr. 69 & 84 (e) The service report not containing essential information about the grounds of refusal to accept the process and name..Category: Procedural Law | Date: | Hits: 116
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