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Paresh Chandra Biswas Vs. Sree Sree Shashan Kalimata Idol and others, 2009, 38 CLC (HCD)
.... operation, the villagers of Gandina Hindu Community established a temple and set up the image of Sree Sree Shashan Kalitnata and had been performing religious rites. In the settlement operation, the lands were recorded in the name of ex-landlord but in the remark column the "Kodaldoha Kalibari......d in:61 DLR (HCD) (2009) 679. ......is discharged. A religious endowment which is known as Debuttor and which arises on dedication or gift of property to an idol, a Debuttor is managed and administered and it is in an ideal sense that the dedicated property vests in an idol and in the nature of things the possession and managemen......;…...Respondents Judgment February 16, 2009. Result: The appeal is dismissed with costs and connected Rule is discharged. A religious endowment which is known as Debuttor and which arises on dedication or gift of property to an idol, a Debuttor is managed and administ..Category: Others, Property Law | Date: 16 Dec, 2009 | Hits: 94
Nirmal Chandra Shaha Vs. The State and others, 2009, 38 CLC (HCD)
....ons of the learned advocates, perused the memo of appeal as well as the application filed on behalf of the BNWLA. 15. Custody and guardianship of any person is governed by the personal law of the land not by general law. The victim girl being a Hindu by religion, her custody and guardianship wou......aider J Nirmal Chandra Shaha..............................Informant-Appellant Vs. The State and others......................................Respondents Judgment December 14, 2009. Cases Referred To- Abdul Majid Sarker (Md.) Vs. State and others, 55 DLR (AD) 1; Sree Mongal Chand......sed by the learned Judge of the Nari-o-Shishu Nirjatan Daman Tribunal, Laxmipur in Nari-o-Shishu Case No. 47 of 2009. 2. The facts of the case relevant for disposal of this appeal, in brief, are that the appellant Nirmal Chandra Shaha lodged a First Information Report with Ramgonj Police Station...... (2010) 584. ..Category: Women and Children | Date: 14 Dec, 2009 | Hits: 150
Rezaul Kabir (Md.) and another Vs. Bangladesh and others, 2009, 38 CLC (HCD)
....oners. It is a case where the Petitioners in collusion with the Mayor of the Corporation, who is a member of the Corporation, managed to obtain the jobs depriving other competent citizens of the land. According to him the general public at large have a right to get a fair chance of being appoin......r 22, 2009. Result: The Rules are made absolute. Prior Show Cause Notice With Adequate Explanation It is fundamental principle of administrative law that before any order is passed which is likely to adversely affect a person it is essential that he be given a reasonable opp...... Judgment November 22, 2009. Result: The Rules are made absolute. Prior Show Cause Notice With Adequate Explanation It is fundamental principle of administrative law that before any order is passed which is likely to adversely affect a person it is essential that he ......nother..................Petitioners Vs. Bangladesh and others........................Respondents Judgment November 22, 2009. Result: The Rules are made absolute. Prior Show Cause Notice With Adequate Explanation It is fundamental principle of administrati..Category: Administrative Law, Employment/Service Law | Date: 22 Nov, 2009 | Hits: 3
Zahirul Islam & others Vs. Government of Bangladesh others, 2009, 38 CLC (HCD)
....f State Acquisition and Tenancy Rules, 1955 (herein after referred to as SA and T Rules, 1955) (i.e. proceeding known as khanapuri, Bujaral, Attestation, objection and Appeal) 1.20 acres of land covered by DP Khatian No.237 of Mouza Shantinagar, under Police Station Motijheel, Distri......lip;……Petitioners Vs. Government of Bangladesh others................Respondents Judgment October 28, 2009. Result: this Rule is made absolute. Cases Referred to- Romisa Khanam Vs. Bangladesh 61 DLR 18; Md. Abtab Ali Sheikh Vs. Director of ......E (1), E(2), E(3), E(4), E(5), E(6) and E(7) should not be declared to have been passed illegally and without lawful authority and why direction should not be issued to send the draft publication of Khatian Nos. 237, 155, 125 and 245 of Mouza Shantinagar, Police Station Motijheel, Dhaka prepared in ......espondents Judgment October 28, 2009. Result: this Rule is made absolute. Cases Referred to- Romisa Khanam Vs. Bangladesh 61 DLR 18; Md. Abtab Ali Sheikh Vs. Director of Land Records, 58 DLR 397=11 MLR 226; Capital Co-operative Housing Society Ltd Vs. Bangladesh 4..Category: Property Law, Tenancy Law | Date: 28 Oct, 2009 | Hits: 5
Md. Rezaul Kabir Vs. State and another, 2009, 38 CLC (HCD)
....py of this judgment and order be sent to the Special Judge and Sessions Judge, Mymensingh for information and necessary action. Ed. This Case is also Reported in: 14 MLR (HCD) (2009) 482. ......……………………..Opposite parties Judgment October 11, 2009. Result: The Rule is made absolute. Trap cases The trap cases have been distinguished from all other corruption cases and the offence und......ducted as provided under Rule 16 of the Anti-Corruption Commission Rules, 2007…………………(14) Interpretation of statute When a statute requires that something shall be done or done in a particular manner or form, without expressly declaring what.......Opposite parties Judgment October 11, 2009. Result: The Rule is made absolute. Trap cases The trap cases have been distinguished from all other corruption cases and the offence under Section 161 of the Penal Code read with Section 5(2) of the Pr..Category: Anti-Corruption Laws | Date: 11 Oct, 2009 | Hits: 10
....in respect of the title of the pre-emptor, rather it only require to consider
incidentally whether the pre-emptor is a co sharer tenant by inheritance, by
purchase and whether the tenant is holding land contiguous to the land transferred............(18)
Cases Referred to-
Halima Begu......s 1(A) Razzak Kha and others…………………….Opposite Parties
Judgment
August 25, 2009.
Result:
The Rule is discharged.
The State Acquisition and Tenancy Act, 1950 (East Bengal Act No. XXVIII of 1951); section 96
In deciding the
case under section 96 of the S A ......led for and a Rule issue calling upon the opposite parties to
show cause as to why the order dated 31.1.1976 passed by the learned District
Judge, Faridpur in Misc. Appeal No.138 of 1975 affirming that of Mr. M.A. Jalil
Munsif, Sadar Faridpur passed on 16.7.1975 in Misc. Case No.4 of 1971 should
......y Act, 1950 (East Bengal Act No. XXVIII of 1951); section 96
In deciding the
case under section 96 of the S A & T Act, the Courts need not make inquiry
in respect of the title of the pre-emptor, rather it only require to consider
incidentally whether the pre-emptor is a co sharer tenant by..
Category: Property Law | Date: 25 Aug, 2009 | Hits: 3
Shamsul Hossain Vs. Anwar Hossain and others, 2009, 38 CLC (HCD)
.... বরাবরে সমুদয় ২৬, ৫২, ৯৪৯.২৮ টাকা ফেরত প্রদান করিবে। 2. The plaint case, in short, is that "Ka" schedule land was originally belonged to Sree Laksmi Narayan Thakur who got permanent settlement and whi......ossain...............................Appellant Vs. Anwar Hossain and others..................Respondents Judgment August 20, 2009. Result: The Appeals are allowed. Cases Referred to- Suruj Mai Vs. Babu Lola, AIR 1985 Delhi 96;Hazera Begum Vs. Rowshan Ara Begum......৫নং বিবাদী বরাবরে সমুদয় ২৬, ৫২, ৯৪৯.২৮ টাকা ফেরত প্রদান করিবে। 2. The plaint case, in short, is that "Ka" schedule land was originally belonged to Sree Laksmi Narayan Thakur who got perma......als are allowed. Cases Referred to- Suruj Mai Vs. Babu Lola, AIR 1985 Delhi 96;Hazera Begum Vs. Rowshan Ara Begum, 39 DLR (AD) 22; Lawyers Involved: MA Azim Khair, Advocate—For the Appellant (In First Appeal No. 48 of 1999) Mohiuddin Ahmed, Advocate—For the Appel..Category: Property Law | Date: 20 Aug, 2009 | Hits: 3
Shafiullah Chowdhury and others Vs. State, 2009, 38 CLC (HCD)
....ion of complaint it does not disclose any cause of action or resembles certain other nature of case, that is, if it discloses a civil case e.g. non execution and registration of sale deed of a case land……………………………(9) Case Referred to- Akamuddin Ahmed Vs. The Sta......………Opposite party Judgment August 12, 2009. Result: The Rule is made absolute. The Code of Criminal Procedure, 1898 (Act No. V of 1898); section 561A Quashment of criminal proceeding involving civil matter A criminal proceeding can be quashed ......us or if it appears from reading the First Information Report and the charge sheet or the petition of complaint it does not disclose any cause of action or resembles certain other nature of case, that is, if it discloses a civil case e.g. non execution and registration of sale deed of a case lan...... Procedure, 1898 (Act No. V of 1898); section 561A Quashment of criminal proceeding involving civil matter A criminal proceeding can be quashed if the allegations made in the First Information Report and the charge sheet or the petition of complaint do not constitute any criminal of..Category: Procedural Law | Date: 12 Aug, 2009 | Hits: 8
Sree Ashish Kumar Shaha Roy Vs. Al-Haj Md. Wasidul Islam and others, 2009, 38 CLC (AD)
....s as plaintiffs instituted Other Suit No.55 of 2004 in the Court of the Senior Assistant Judge, Sadar, Mymenshing impleading the respondents as defendants praying for declaration of title to the suit land and for recovery of khas possession therein and for a further declaration that the registered d......for the petitioner. This petition is accordingly dismissed. Ed. This Case is also Reported in: 21 BLT (AD) (2013) 13. ......ssistant Judge, Sadar, Mymenshing impleading the respondents as defendants praying for declaration of title to the suit land and for recovery of khas possession therein and for a further declaration that the registered deed of gift in favour of Minoti Bala by the donor Gagon Chandra Sana Roy as well...... Al-Haj Md. Wasidul Islam and others………Principal-defendants-opposite parties Judgment July 23, 2009. Result: This petition is dismissed. Lawyers Involved: Gias Uddin Ahmed, Advocate-on-Record-For the Petitioner None represented- the Respondents. Civil Petition for Leave to Appeal No.16..Category: Property Law | Date: 23 Jul, 2009 | Hits: 6
Dr. Mohiuddin Khan Alamgir Vs. ACC and another, 2009, 38 CLC (HCD)
....ave details of the immovable property as follows: I. Immovable property: (i) Ejmali property at his village Gulbahar under Police Station-Kachua, District-ChandPur. (ii) 15/16 acres of land out of which 10/12 acres was purchased by him in his village. (iii) A four-storied buildin......) (2010) 107. ......mprisonment more and also forfeiting the properties in the name of the appellant and his dependents in favors of the State. 2. The case as made out by the appellant in the petition of appeal is that after having completed his Masters in Economies, entered the erstwhile Pakistan Civil Service in......et him be released from the bail bond. Send down the lower Court records at once. Ed. This Case is also Reported in: 15 BLC (HCD) (2010) 107. ..Category: Anti-Corruption Laws | Date: 13 Jul, 2009 | Hits: 286
....2 B.S. he is paying rent to House Rent Controller. He adds that terms and conditions of solenama of earlier suit has no legal effect, in the instant suit keeping huge amount of advance money with the landlord plaintiff. The court below without considering the facts and legal aspects decreed the suit......
Vs.
Nani Gopal Sen being dead his heirs: Ashesh Kumer and others.......................Opposite parties
Judgment
July 5, 2009.
Result:
The Rule is made absolute.
Case Referred to-
Shamsuddin Ahamed Vs. Mohad. Hassan and others, 31 DLR (AD), 155.
Lawyers...... and propriety of judgment and decree dated 18-03-1998 passed by learned Senior Assistant Judge, third Court, Dhaka, decreeing S.C.C. Suit No.05 of 1996.
2. Short facts leading to this Rule are that on 21-03-1996 Nani Gopal Sen predecessor of opposite party nos. 1-7 as plaintiffs institute......ade absolute.
Case Referred to-
Shamsuddin Ahamed Vs. Mohad. Hassan and others, 31 DLR (AD), 155.
Lawyers Involved:
Md. Garib Newaz, Advocate with Mrs. Maksuda Akhter, Advocate - For the petitioner.
Probir Neogi, Advocate, with Subro Chakrabarty, Advocate - For the Opp..
Category: Tenancy Law | Date: 5 Jul, 2009 | Hits: 154
.... বলিতে কি বুঝায় তাহা সর্ব প্রথম আইনগতভাবে ধারণা লওয়া প্রয়োজন।
তদানীন্তন Inland water Transport Authority Rules, 1959, এ Inland water এর সঙ্গা নিম্ন......ত থাকিবে।
বাংলাদেশ পরিবেশ সংরক্ষন আইন, ১৯৯৫; ধারা-১৩
State Acquisition and Tenancy Act, 1950; Section—86
সিএস ম্যাপে প্রদর্শিত স্থান হইতে...... Port Rules, ১৯৬৬, এ ব্যক্ত নিম্নলিখিত বিধিগুলি প্রণিধানযোগ্যঃ
“Bed of a navigable waterway” is that portion of the soil and sub soil which is habitually covered by the waters of a navigable waterw......াধীন থাকিবে। এ ক্ষেত্রে নদীর সীমানা নির্ধারণ করিতে নদীর বর্ণিত অংশেও নদীর Foreshore সহ তীর ভূমি পর্যন্ত সীমানা বর্ধিত ..
Category: Environmental Law, Property Law | Date: 25 Jun, 2009 | Hits: 19
Most. Abu Tara Vs. Md. Abdur Rahim Khan and others, 2009, 38 CLC (HCD)
....ka against the petitioner and the proforma-defendant No.2 for Specific Performance of Contract. 3. The facts of the case, in brief, are that the petitioner is the owner and possessor of the suit lands by purchase. That for need of money the petitioner offered to sell the suit lands which was ac...... Result: The rule is discharged. The finding of facts whether concurrent or not arrived at by the lower appellate Court is final unless it is manifestly perverse.............(12) Cases Referred to- Mustari Bibi and others Vs. Md. Yusuf and others, 12 BLC (AD) 42; Ishaque (Md......re the Court of the then Subordinate Judge, 3rd Court, Dhaka against the petitioner and the proforma-defendant No.2 for Specific Performance of Contract. 3. The facts of the case, in brief, are that the petitioner is the owner and possessor of the suit lands by purchase. That for need of money ......p;…………….Plaintiff-Appellant-Opposite Party Judgment June 25, 2009. Result: The rule is discharged. The finding of facts whether concurrent or not arrived at by the lower appellate Court is final unless it is manifestly perverse..............Category: Evidence Law | Date: 25 Jun, 2009 | Hits: 42
Agrani Bank Vs. Md. Abdul Khaleque & another, 2009, 38 CLC (HCD)
....dismissed, the judgment and the decree of the trial court is hereby set aside. Send down the L.C. record immediately. Md. Abu Tariq J.- I agree. Ed. This Case is also Reported in:......e L.C. record immediately. Md. Abu Tariq J.- I agree. Ed. This Case is also Reported in:......ainst the impugned judgment and decree dated 10.10.1995 passed by the Sub-Judge and Artha Rin Adalat, 2nd Court, Netrokona in Artha Rin Suit No.4 of 1994 2. The plaintiff’s case, in brief, is that O.D loan of Tk.25,000/- was sanctioned in favour of the defendants who was then carrying on bus...............................Appellant Vs. Md. Abdul Khaleque & another…………Respondents Judgment June 23, 2009. Lawyers Involved: Mrs. Mahmuda Begum, Advocate-For the appellant. No one appears-For the respondents. First Appeal No. 9 of 1997. Ju..Category: Banking Law | Date: 23 Jun, 2009 | Hits: 153
Sree Pintoo Pal Vs. State, 2009, 38 CLC (HCD)
.... as informant lodged FIR with the Manda police station against the appellant Pintoo Pal alleging inter alia that on 19.06.2002 at 3.00 P.M. her daughter Jhorna Rani aged about 17 years went to the land and all on a sudden the appellant forcibly took her in his dwelling hut and committed rape on......…………………………………Opposite Party Judgment June 22, 2009. Result: The appeal is allowed. Presumption of innocence The fundamental and basic presumption in the administration of Criminal law and justice delivery system is that the acc...... Result: The appeal is allowed. Presumption of innocence The fundamental and basic presumption in the administration of Criminal law and justice delivery system is that the accused should be presumed to be innocent till the charges are proved beyond reasonable dou......tration of Criminal law and justice delivery system is that the accused should be presumed to be innocent till the charges are proved beyond reasonable doubt on the basis of clear, cogent, credible or unimpeachable evidence. In a criminal trial, the burden of proving guilt of the accused beyond ..Category: Women and Children | Date: 22 Jun, 2009 | Hits: 9
Md. Babul Hossain Mollah and others Vs. Hasneara Begum and others, 2009, 38 CLC (HCD)
....e petitioners as plaintiffs instituted Title Suit No.97 of 1995 in the First Court of Subordinate Judge, Gazipur, impleading the opposite parties as defendants for declaration of title to the suit land and also for declaration that Heba bil Ewaj deed nos. 6196 and 6197 dated 08-10-1976 are forge...... Supreme Court High Court Division (Civil) Present: Syed Md Ziaul Karim J Md. Babul Hossain Mollah and others………………………….Petitioners Vs. Hasneara Begum and others…………………………Opposite Parties Judgment May 28, ......ovision of appeal, the defendants have the remedy by way of filing appeal under Order 41 of the Code of Civil Procedure, 1908 and other provisions of the Code cannot be invoked. It is well settled that where decree in question was granted on merit, it means that the defendants filed written stat......isions of the Code cannot be invoked. It is well settled that where decree in question was granted on merit, it means that the defendants filed written statement and examined plaintiff witnesses before absenting themselves. Defendants had not challenged such decree on merit, therefore decree in ..Category: Procedural Law | Date: 28 May, 2009 | Hits: 3
Md. Alauddin Bepari Vs. Somola Khatoon & others, 2009, 38 CLC (HCD)
....it for Specific Performance of Contract in the Court of learned Joint District Judge, First Court, Narayanganj being Title Suit No.11 of 2006 alleging inter alia, that the defendant No.1 got the suit land from Rajuk and mortgaged the same with Sonali Bank, Tanbazar Branch, Narayanganj. He wanted to ......ddin Bepari…………………….Appellant Vs. Somola Khatoon & others……………………opposite parties Judgment April 21, 2009. Result: The Rule is made absolute. Case Referred to- M. Pentiah and others Vs. Muddala Veeramallappa and others, AIR, 1961 (SC) 1107.......me Court High Court Division (Civil Appellate Jurisdiction) Present: Afzal Hossain Ahmed J Md. Abdus Samad J Md. Alauddin Bepari…………………….Appellant Vs. Somola Khatoon & others……………………opposite parties Judgment April 21, 2009. Result......e Referred to- M. Pentiah and others Vs. Muddala Veeramallappa and others, AIR, 1961 (SC) 1107. Lawyers Involved: Mahmudul Islam with Mr. A. M. Aminuddin and Munshi Moniruzzaman, Advocate - For the petitioner. Rabi Shankar Chakravorty, Advocate - For opposite parties. Civ..Category: Civil Law | Date: 21 Apr, 2009 | Hits: 91
Dr. M. A. Yahia Vs. Md. Abdul Quader and others, 2009, 38 CLC (AD)
....ossession of said plot. After receipt of the entire lease money, said respondent No.7 on behalf of the President of the Republic executed and registered a lease deed dated 22.02.1982 leasing out said land to the four allottees for 99 years. All four allottees also signed the deed as second party. Th......ab Ali, Advocate-on-Record-Respondent Nos. 1-2. Not represented-Respondent Nos. 3, 5-7. Civil Petition for Leave Appeal No. 1460 of 2008. (From the judgment and order dated 13.07.2008 passed by the High Court Division in Writ Petition No.5022 of 2005). Judgment Md. Abdul Azi......f 2005 making the Rule absolute and awarding of Tk. 10,000/- as cost to be paid by the added-respondent No.9 to the petitioners. 2. Facts as placed before the High Court Division, in short, are that petitioner No.1 who started his career on 20.03.1968 as a Lecturer of Chemistry in the Carmichae......s. Md. Abdul Quader and others....................Respondents Judgment April 15, 2009. Result: The leave petition is dismissed. Lawyers Involved: Moudud Ahmed, Senior Advocate, instructed by Md. Aftab Hossain, Advocate-on-Record- For the Petitioner. Mahmudul..Category: Property Law | Date: 15 Apr, 2009 | Hits: 36
Md. Abdur Rashid & others Vs. Most. Amena Khatun and others, 2009, 38 CLC (HCD)
....aintiff Nos.1-5 are full brothers and the sole defendant is their sister and the plaintiff No.6 is their mother. The aforesaid two registered deeds are Heba-bil-ewaz deeds in respect of the suit land mentioned in the schedule to the plaint which were executed by one Lokman Sarder in favour of h......ase is also Reported in: 29 BLD (HCD) (2009) 296. ......ssain Ahmed J Md. Abdur Rashid & others……………………………………Petitioners Vs. Most. Amena Khatun and others…………………………Resp......ged. Cases Referred to- Guru Charan Mondal and others Vs. Sree Bhaba Sindhu Sarkar and others, 1 EX File Plus (AD) 73. Lawyers Involved: Sasti Sarker with Khandaker Nozrul Islam- For the Petitioners. Md. Nurul Amin with Md. Amimul Ehsan- For Opposite Parties. Civil Revi..Category: Property Law | Date: 13 Apr, 2009 | Hits: 2
Jaharlal Bandapadhya and others vs. Most. Begum Jahanara, 2009, 38 CLC (AD)
....rom plaintiff and upon taking a further loan of Tk. 7000/- (Seven thousand) he executed a bainapatra on 15.01.1971 at Barishal acknowledging his earlier receipt of Tk. 10,000/- for sale of the suit land and delivered its possession to her and there was a stipulation that defendant No.1 would execu...... Jaharlal Bandapadhya and others……………........Appellants Vs. Most. Begum Jahanara being dead her heirs Suraya Hossain and others .........Respondents Judgment April 13, 2009. Case Referred To- Jahed Ali Mondal and others Vs. Jamini Kanta Dey and others 1987 BLD (AD) 156. ......No.85 of 1995 affirming those of dated 08.04.1995 passed by the learned Subordinate Judge, 1st Court, Barisal in Title Suit No. 133 of 1971 decreeing the suit in part. 2. The facts, in short, are that the deceased Most. Begum Jahanara as the plaintiff filed the above mentioned Title Suit against ......Respondents Judgment April 13, 2009. Case Referred To- Jahed Ali Mondal and others Vs. Jamini Kanta Dey and others 1987 BLD (AD) 156. Lawyers Involved: Md. Nawab Ali, Advocate-on-Record-For the Appellants. Mahmudul Islam, Senior Advocate (Probir Neogi, Advocate with him) instruc..Category: Property Law | Date: 13 Apr, 2009 | Hits: 74
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