Search Options
Judgment Advanced Search
Displaying 2941-2960 of 6460 results.
Md. Saidur Rahman Vs. Farid Uddin Mahmud and others, 2011, 40 CLC (AD)
....k.1,73,22,000/-. The auction purchaser 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 20......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....... is also Reported in: VIII ADC (2011) 698........1, Chiltagong in accordance with section 4(5) of the Artha Rin Adalat Ain, the order of the Adalat accepting the tender of the respondent No.1 was without jurisdiction and that since the property in question was sold at a shockingly low price, the petitioner's right protected under Article 42 rea..Category: Property Law | Date: | Hits: 81
Mosammat Manikjan Bibi Vs. Md. Jalil alias Abdul Jajil and others, 2011, 40 CLC (AD)
....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. ....... The pre-emptor filed Pre-emption Case No.7 of 1993 under section 96 of the State Acquisition and Tenancy Act in the Court of the Joint District Judge, 3rd Court, Comilla, seeking pre-emption of the land shown in schedule No.1 to the petition for pre-emption. In that pre-emption petition, she all......bstance 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
....ch clearly indicates out and out mala fide by the executing Court. The executing Court by the order dated 05.02.2009 rejected the application filed by the petitioners. Till 05.02.2009 the writ of possession has not been issued in the case and the petitioners are in possession of the scheduled pr......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.
......er the respondent will file the concise statements.
Ed.
This Case is also Reported in: VIII ADC (2011) 685.
......on No.3326 of 2007, there was no scope for the executing Court concerned to allow the subsequent application of the petitioners filed after more than 2(two) years from the date of the auction sale in question. The writ-petitioners most collusively and fraudulently mortgaged the scheduled property to..
Category: Property Law | Date: | Hits: 48
Government of Bangladesh and another Vs. Monwarul Alam and others, 2011, 40 CLC (AD)
....he present petitioners and pro-forma respondent Nos.3 and 4 for declaration that the initiation of V.P. Case No.9 of 1984 (KDA) and issuance of the notice dated 27.09.1984 directing them to surrender possession of the suit land were illegal, void and without jurisdiction and for mandatory injunction......and pro-forma respondent Nos.3 and 4 for declaration that the initiation of V.P. Case No.9 of 1984 (KDA) and issuance of the notice dated 27.09.1984 directing them to surrender possession of the suit land were illegal, void and without jurisdiction and for mandatory injunction to restore back posses......No.1737 of 1996 is stayed till disposal of the appeal. Ed. This Case is also Reported in: VIII ADC (2011) 679. ...... for declaration of title to the suit property was maintainable in law within the meaning of section 42 of the Specific Relief Act, inasmuch as with the very initiation of the vested property case in question in respect of the suit property and the notice given therein asking the plaintiffs to s..Category: Property Law | Date: | Hits: 54
Md. Shamsul Hoque Vs. Md. Jabbar and another, 2011, 40 CLC (AD)
....The material case of this defendant No.1 was that the plaintiffs being in need of money sold their said 1.17 acres of land to him in the year 1974 at a consideration of taka 2000/- and also delivered possession of that land to him, but the sale deed though was executed on 25.5.1974 could not be regi......r declaration and partition against the present petitioner Md. Shamsul Hpque and others. The plaint case of the plaintiffs, in short, was that one Md. Chulai was the original owner of 2.07 acres of land as described in the schedule of the plaint. Md. Chulai acquired that land by purchase from one ......d till disposal of the appeal. Ed. This Case is also Reported in: VIII ADC (2011) 673. ...... of the evidence adduced by both the parties, dismissed the plaintiff’s suit on making observation and findings to the effect that the defendant No.1, admittedly, being in possession of the land in question for more than 20 years on the basis of a unregistered sale deed dated 25.5.1974 acquired a ..Category: Property Law | Date: | Hits: 76
Shaki Md. Shoaib and others Vs. Md. Kashem Ali Bhuiyan and others, 2011, 40 CLC (AD)
....nt to defendant's house on 30.07.2000 to pay him TK.3, 00,000.00 (three lakhs) as per the alleged undertaking. The trial Court further found that after agreement the defendant did not hand over possession of the suit land. The High Court Division concurring with the said findings of the tria......Bangladesh was also impleaded as defendant No.2 in view of the provisions of President's Order No.142 of 1972. 3. The plaint case, in short, was that defendant No.1 being the owner of the suit land offered the plaintiffs to purchase the same at a consideration of TK. 31,42,500.00 at the rate ......rt Division. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: VIII ADC (2011) 668. ......h day of July, 2009 passed by the High Court Division, in First Appeal No.278 of 2003). Judgment Md. Abdul Wahhab Miah J. - In this petition for leave to appeal the petitioners have called in question the judgment and decree dated the 19th day of July, 2009 passed by the High Court Division ..Category: Property Law | Date: | Hits: 72
A. Rahman Lasker and other Vs. Abul Kalam and other, 2011, 40 CLC (HCD)
.... have been possessing the suit land by cultivating crops in some portion and some portion plaintiff nos. 3 and 5 have been living with their families. The defendants had no right, title, interest and possession. On 08.02.1995 the defendant No.1 denied the title of the plaintiffs and claimed title of....... 30 of 1995 in the Court of learned Senior Assistant Judge, Sadar Faridpur against the defendants praying for decree of declaration of title. Further case of the plaintiff as disclosed that the suit land originally recorded in S.A. Khatian No.1 as Government khas land. The previous original owners ...........Petitioners Vs. Abul Kalam and other ..................................Opposite Parties Judgment May 25, 2011. Result: The 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). L......s that amendment cannot be allowed at any stage of the suit. He further submits that mere change in the relief claim and proposed amendment will not change the nature and character of the suit and no question of fresh cause of action will arise. No one to oppose the Rule. 8. As for myself I ha..Category: Administrative Law | Date: | Hits: 199
Shatadal Mondal Vs. State, 2011, 40 CLC (HCD)
....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 under the control or possession of the appellant and he was implicated in this case with the contention that he has broug......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: ......nt misuses 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: ..Category: Criminal Law | Date: | Hits: 69
Bangladesh Legal Aid and Services Trust Vs. Bangladesh and others, 2007, 36 CLC (HCD)
.... not deny the specific assertion of the appellant, that the plot in question was handed over to it on 8.9.97 for construction of public car parking place and that the respondent no.1, even though got possession on 8.9.97 for establishing car parking centre therein immediately took decision to hand o......ferred to his wife. A lease deed for 99 years was accordingly executed between the wife of the petitioner and the DIT on 3.9.77. On 11.10.1995 the wife of the petitioner transferred the said piece of land to her son and daughter who duly authorised the petitioner to represent their case by executing......ule 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. ......in from of the road of any residential building. As such the petitioners have got no legal right to prefer the instant writ petition. It has further been contended that in the master plan the plot in question or its adjacent land has not been earmarked for car park space. Rather, in the original lay..Category: Property Law | Date: | Hits: 135
Manjurul Huq Vs. Bangladesh and others, 1991, 20 CLC (HCD)
....s except in the canteen through a judicial proceeding in an appropriate manner and through judicial process. The petitioner further prays for a direction upon the respondents to put the petitioner in possession of the Diabetic Association's canteen at 122, Kazi Nazrul Islam Avenue, Shahbagh, Dhaka a......nt a disturbance of public tranquility or an affray or a riot and can also take appropriate action on receipt of information that a dispute likely to cause a breach of the peace exists concerning any land or water which includes buildings, markets, fisheries, crops or other products of land and the ...... present. On the grounds stated above the application is summarily rejected. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 239.......ondent No.4 or 5) who is also an officer of the Bangladesh Diabetic Association. Therefore, the orders or actions of the aforesaid employees of the Bangladesh Diabetic Association cannot be called in question by the petitioner before this Court under Article 102(2) (a) of the Constitution. Similarly..Category: Civil Law | Date: | Hits: 56
Mitali Shipping Lines Vs. Bhuiyan Navigation Agency, 1991, 20 CLC (HCD)
....ase where an order is made under section 516A CrPC giving custody of the property in respect of which an alleged offence is committed the Civil Court cannot by an order take out the property from the possession of the custodians and direct the same to be delivered to a person who is a litigant in an...... court revising the order of the learned Magistrate made under section 516A CrPC. The Rule is made absolute. No order as to costs. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 230. ......o costs. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 230. ......ned order, it appears that the learned Assistant Judge made this order in exercise of his power under section 151 CPC. The learned Assistant Judge while making the order also found that the vessel in question was given in the jimma of the present opposite party No.3 with a condition that the order i..Category: Civil Law | Date: | Hits: 97
Mir Amanullah Vs. Mohammad Sharif and others, 1991, 20 CLC (HCD)
....ptible and the application for pre‑emption is allowable. In the result, the Rule is made absolute without any order as to costs. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 228. ......se No.28 of 1981 dismissing the application for pre‑emption should not be set aside. 2. The petitioner and opposite party Nos.25 to 29 filed the above Miscellaneous Case for pre‑emption of the land described in the Miscellaneous Case and transferred in favour of opposite party Nos.I and 2 by ...... Gholam Rabbani, Advocate‑For the Petitioner. AY Salehuzzaman, Advocate ‑ For the Opposite Parties. Civil Revision No.882 of 1986. Judgment Abdul Hasib J.- This Rule was issued calling upon the opposite parties to show cause as to why the Judgment and order dated 21.7.86 passed by......he grandsons of late Mir Abdul Jalil. Moreover, the case was barred by limitation and for defect of parties. 4. The trial Court dismissed the pre‑emption case on the finding that the transfer in question was Heba-bil-ewaj and within 3 degrees of the transferor and the lower appellate Court affi..Category: Property Law | Date: | Hits: 75
Afia Khatun Vs. Secretary, Ministry of Works and another, 1992, 21 CLC (HCD)
.... and Disposal) Order, 1972, President's Order No.16 of 1972, hereinafter referred to as President's Order. 4. The 1st floor of the premises No.25, Larmini Street, Wari, Dhaka was in occupation and possession of Mr. Md. Ibrahim, Special Judge, Dhaka. After the retirement of Mr. Md. Ibrahim, the pe......authority inasmuch as it is consistent with Government policy. In the result, the Rule is discharged without any order as to cost. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 225. ......policy. In the result, the Rule is discharged without any order as to cost. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 225. ......or of the said premises after taking allotment from the Respondents vide Memo No. DA‑AP/235/830 dated 10.9.1980, vide Annexure B. Petitioner is in lawful and bona fide possession of the premises in question and on the basis of lawful allotment. Petitioner has no other house or part of the house in..Category: Property Law | Date: | Hits: 75
Shadat Ali and another Vs. State, 1991, 20 CLC (HCD)
....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. ...... 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. ......ch column. From the evidence of this doctor and his post‑mortem report and from the facts of the defence case, it can he safely held that the victim Akram Ali sustained an unnatural death. Now, the question is who are the persons responsible for the death of the victim Akram Ali. As regards the in..Category: Criminal Law | Date: | Hits: 73
Agrani Bank Limited Vs. M/S. Kalipada Saha & Brothers and others, 2011, 40 CLC (AD)
....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....... 00,000.00 in the financial year of 1981-1982 and repaid the same in the said year through their C.C. pledgement account No.2 opened in the said bank. They executed a mortgage-deed for 63 decimals of land with a godown thereon in favour of the bank. In the year 1984 TK. 5, 00,000.00 was sanctioned a...... leave petition. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: VIII ADC (2011) 637.......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)
....inapatra of the plaintiff is false and forged. That Sarif Lokman Ahmed never contracted to sell the land in question to the plaintiff and never received any earnest money from him and never delivered possession of the land in question to the plaintiff. 4. The specific defence case of this defenda......No.2 of 1984 for specific performance of contract. The plaintiff’s case, in short, was that Sarif Lokman Ahmed was the maternal uncle-in-law of the plaintiff. The plaintiff purchased 13 decimals of land of plot No.4275 of mouza Magura from Sarif Lokman Ahmed by a registered kabala and had been p......on till disposal of the appeal. Ed. This Case is also Reported in: VIII ADC (2011) 631. ......ving no jurisdiction in the matter gave verdict against the plaintiff and on the strength of that Martial Law Court's judgment the defendants are trying to dispossess the plaintiff from the land in question. That the defendants who are the heirs of Sarif Lokman Ahmed are bound to execute and regis..Category: Property Law | Date: | Hits: 51
Zeenat Textile Mills Ltd. Vs. Chairman, Third Labour Court, Dhaka and another, 1991, 20 CLC (HCD)
.... No.2 by the Clearing Agent namely, Meghna Shipping and Trading Agencies Ltd. Chittagong, He returned and delivered 11 pieces of valve on 15.12.83. It is admitted that the respondent No.2 kept in his possession one piece of valve which was delivered to Mr. Atiqur Rahman on 21.12.83 that is, on the d......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. ......o 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. ......lve on 15.12.83. It is admitted that the respondent No.2 kept in his possession one piece of valve which was delivered to Mr. Atiqur Rahman on 21.12.83 that is, on the date of survey at 2‑30 PM The question, therefore, was whether by keeping one piece of solenoid valve in his possession from 15.12..Category: Labour and Industrial Law | Date: | Hits: 172
Dulal Mia Vs. State, 1991, 20 CLC (HCD)
....r, Sylhet till disposal of the case. We also direct expeditious trial of the case. Let the records of the case be sent down at once. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 209.......r, Sylhet till disposal of the case. We also direct expeditious trial of the case. Let the records of the case be sent down at once. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 209.......rect expeditious trial of the case. Let the records of the case be sent down at once. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 209.......o the rest. He has relied on some decisions in this regard reported in 35 DLR (AD) 279, 1983 BCR (AD) 170 and 42 DLR (AD) 52. The principles as laid down in the above decisions are not disputed. Now, question is how far these are applicable in the facts and circumstances of this case. In the instant..Category: Criminal Law | Date: | Hits: 68
ASM Abdur Rob Vs. The State, 1991, 20 CLC (HCD)
.... the merits of the case as it should prejudice the accused at the trial. The Rule is thus discharged. Communicate the order at once. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 205....... the merits of the case as it should prejudice the accused at the trial. The Rule is thus discharged. Communicate the order at once. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 205.......the accused at the trial. The Rule is thus discharged. Communicate the order at once. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 205.......ious objection is taken by the learned Advocate Mr. Serajul Huq stating that the supplementary charge sheet on a supplementary FIR of this nature is not competent. Mr. Serajul Huq submitted that this question of the complicity of the accused ASM Abdur Rob was also there at the beginning yet he was n..Category: Criminal Law | Date: | Hits: 85
Narayan Chandra Banerjee alias Bandapadhya Vs. Md. Salek Ali Shaik, 1991, 20 CLC (HCD)
....contested the suit by filing written statement contending, inter alia, that they got the entire suit land by way of gift from their father Dinesh Chandra Bandapadhya who became the exclusive owner in possession of the same and, accordingly, by the purchase from the defendants valid title passed to t......Ali Shaik @ Sadek Ali as plaintiff for the recovery of the consideration money amounting to Tk. 7,500.00 from the defendants. The plaintiff's case, in short, was that the plaintiff purchased the suit land measuring 63 decimals from the defendants for a consideration of Tk. 10,000.00 (taka ten thousa......ion (Civil Revisional Jurisdiction) Present: Habibur RahmanKhan J Narayan Chandra Banerjee alias Bandapadhya……………Defendant Petitioner Vs. Md. Salek Ali Shaik............Plaintiff Opposite Party Judgment April 3, 1991. Result: The Rule is made absolute. Case......ordingly, it was found that the plaintiff s kabala stands valid only to the extent of 1/4th share and no titled passed to the plaintiff to the extent of remaining 3/4th share of the purchased land in question. So the plaintiff is entitled to get back Tk. 7,500.00 (Taka seven thousand and five hundre..Category: Civil Law | Date: | Hits: 76
56575656565556545653565256495648564656445642564156405639563656355634563356325631