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Shah Alam and others Vs. Masuma Khatoon and others, 1993, 22 CLC (HCD)
.... dismissed with cost and the judgment and decree of the court below is affirmed. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 541.......id not possess any portion of the suit plot prior to 2 or 2‑½ years. Of course he stated in cross‑examination that he saw sons of Kadam Ali to possess along with their father without stating the time. It must be before his sale of the land to Azizur Rahman. It is but natural for the sons to hel......he judgment and decree dated 17.8.78 passed by the Subordinate Judge, 1st Court, Dhaka in Title Suit No.27 of 1977 decreeing the plaintiff's suit for declaration of title in the 'A' schedule land and recovery of possession in the 'B' schedule land of the plaint which is part of the 'A' schedule land......o merit in this appeal. In the result, the appeal is dismissed with cost and the judgment and decree of the court below is affirmed. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 541...Category: Property Law | Date: | Hits: 55
Most. Shamsunnahar and Others Vs. Abdul Mannan and Others, 2010, 39 CLC (AD)
....with the same. The appeal is, therefore, dismissed without any order as to costs. Ed. This Case is also Reported in: 31 BLD (AD) (2011) 198, 16 MLR (AD) (2011) 374. ......le by oral evidence. These observations are based on hypothesis, firstly, because the plaintiff failed to prove by adducing documentary evidence that the price of .05 acre of land during the relevant time was much higher, secondly, when the recitals in the admitted deed clearly disclosed the price o......ind no ground to interfere with the same. The appeal is, therefore, dismissed without any order as to costs. Ed. This Case is also Reported in: 31 BLD (AD) (2011) 198, 16 MLR (AD) (2011) 374. ......ind no ground to interfere with the same. The appeal is, therefore, dismissed without any order as to costs. Ed. This Case is also Reported in: 31 BLD (AD) (2011) 198, 16 MLR (AD) (2011) 374. ..Category: Property Law | Date: | Hits: 49
Lt. Col. M. A. Mannan (Retd.) Vs. Social Investment Bank Ltd. and Others, 2010, 39 CLC (AD)
....t. The appeals are dismissed with the above observations without any order as to costs. Ed. This Case is also Reported in: 31 BLD (AD) (2011) 124, VIII ADC (2011) 518.......3 provides the procedure for selling any property by the Artha Rin Adalat for realization of the decreetal amount. SubÂ-section (1) of section 33 provides for publication of notice by giving 15 days time inviting tender for auction sale at least in one national daily news paper. Sub-sections (2) an......timately decreed on 28th September, 2001 and pursuant thereto the decree holder put the decree into execution in Title Execution Case No.26 of 2002 on 7th March, 2002 against the judgment debtors for recovery of a sum of Tk. 2,09,59,112/-. There was publication notice for selling of the mortgaged pr......e receipt of the judgment. The appeals are dismissed with the above observations without any order as to costs. Ed. This Case is also Reported in: 31 BLD (AD) (2011) 124, VIII ADC (2011) 518...Category: Civil Law | Date: | Hits: 90
Shahin Alam Vs. The State, 2010, 39 CLC (HCD)
....llant and send down the LCR. Ed. This Case is also Reported in:16 MLR (HCD) (2011) 275; 16 BLC (HCD) (2011) 115. ...... Then lie was arrested and seized the fire arms and ammunition by preparing seizure list in presence of Seizure list witnesses. The P.W. 1 could not be shaken by the defence on vital points regarding time, place and manner of occurrence during the cross-examination. 14. P.W.2 Atiqul Islam, IP.W. ......es. During the preparation of the seizure list Janab Md. Bazlur Rahman an employee of land acquisition officer, came and saw the recovered articles and also asked the accused person, who admitted the recovery from his possession and, disclosed his name as Sahin. The informant handed over the accused......, Jhenaidah, lodged an F.I.R. with the officer-in-charge of Jhenaidah police station under the Distinct of Jhenaidah, alleging that on 2.12.95 he received a secret information that a person with fire arms had been loitering around the BRTA Office which is adjacent to the new D.C and Court Bhaban. In..Category: Criminal Law | Date: | Hits: 56
Md. Obaidul Kader Vs. The State, 2011, 40 CLC (HCD)
....64.......nta-2)/3961 dated 17.03.2008, submitted by him today, mainly argues that the contentions raised on behalf of the accused petitioner are all matters of facts to be proved before the trial Court at the time of trial and, as such, at this stage the impugned proceedings does not warrant interference by ......reby quashed. The accused is released from the bail bond. Stay granted earlier is hereby vacated. Communicate the order at once. Ed. This Case is also Reported in: 16 MLR (HCD) (2011) 264.......reby quashed. The accused is released from the bail bond. Stay granted earlier is hereby vacated. Communicate the order at once. Ed. This Case is also Reported in: 16 MLR (HCD) (2011) 264...Category: Criminal Law | Date: | Hits: 111
Wahed Ali Vs. Sona Miah, 2009, 38 CLC (HCD)
................... Petitioner Vs. Sona Mia being dead his heirs Md. Lai Miah and others..........Opposite parties Judgment October 13, 2009. Lawyers Involved: Sarder Abul Hossain, Advocate - For the Petitioner. No one - For the Opposite parties. Civil Revision No. 4135 of 2006. ......93 arose from Miscellaneous Case No.68 of 1983 filed by the same petitioner, Sona Mia for preÂemption of 0.1050 acres of land of the same R.S. Khatian No.448 Plot Nos.398, placed before me at the time of hearing of the Rule, it appears that this Court discharged the Rule as both the Courts bel...... The order of stay granted at the time of issuance of the Rule is hereby vacated. Send down the lower Courts records immediately. Ed. This Case is also Reported in: 16 MLR (HCD) (2011) 248....... The order of stay granted at the time of issuance of the Rule is hereby vacated. Send down the lower Courts records immediately. Ed. This Case is also Reported in: 16 MLR (HCD) (2011) 248...Category: Property Law | Date: | Hits: 91
Hemayetuddin and others Vs. Md. Shahjahan Miah and others, 2009, 38 CLC (HCD)
....hers Vs. Noorjahan Bewa and others, 15 BLD (AD) 82; Hazari Bala Sana and others Vs. Niron alias Niranjan Mondal and others, 17 BLD (AD) 295. Lawyers Involved: Md. Ali Reza with Salim Reza, Advocate - For the Petitioners. Abul Kalam Patuary with S.M. Hormuz Ahmed, Advocates - For the Opposit......ion 115(1) of the Code of Civil Procedure. In the result, the Rule of C.R. No. 633 of 2005 is discharged without any order as to the cost. The order of stay granted earlier by this Court at the time of issuance of the rule is hereby vacated. Lower Court's records be sent down at once with a......Court at the time of issuance of the rule is hereby vacated. Lower Court's records be sent down at once with a copy of the judgment. Ed. This Case is also Reported in: 16 MLR (HCD) (2011) 242.......Court at the time of issuance of the rule is hereby vacated. Lower Court's records be sent down at once with a copy of the judgment. Ed. This Case is also Reported in: 16 MLR (HCD) (2011) 242...Category: Property Law | Date: | Hits: 72
HM Ershad Vs. The State, 1992, 21 CLC (HCD)
....l not touch the merit of the case in any manner whatsoever. Let the records of the case be sent down immediately. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 533. ...... 8. Though the matter appears to be apparently short and simple we had to bear with the learned Counsel Mr. Moudud Ahmed and the learned Attorney‑General Mr. Aminul Huq for a consideraÂbly long time, the case being admittedly a rare instance where the former president of a country is going to ......ions of ours will not touch the merit of the case in any manner whatsoever. Let the records of the case be sent down immediately. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 533. ......ions of ours will not touch the merit of the case in any manner whatsoever. Let the records of the case be sent down immediately. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 533. ..Category: Criminal Law | Date: | Hits: 286
Mamtajul Karim Vs. Government of Bangladesh and others, 1993, 22 CLC (HCD)
....Quashem, 45 DLR (AD) 53; AFM Rashid Vs. The Election Commission and others, (1991) 11 BLD (Ad) 289; Abdur Rouf Miah Vs, Fazlur Rahman, 43 DLR (AD) 23. Lawyers Involved: Dr. Rafiqur Rahman, Advocate ‑ For the Petitioner. Abdul Baset Majumder, Advocate ‑ For the Respondent No.9. Writ P......ting, that the election was held peacefully yet a closer scrutiny of the report makes it obvious that there was disturbance at the Musapur Ward No.3 polling centre and the poll was adjourned for some time. The impugned order by the Election Commission i.e. Annexure 'R' came to a definite finding tha......n in Ward No.3, Musapur Purba Primary School Centre of Musapur Union Parishad immediately after receipt of the order from this Court. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 530. ......n in Ward No.3, Musapur Purba Primary School Centre of Musapur Union Parishad immediately after receipt of the order from this Court. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 530. ..Category: Election Law | Date: | Hits: 122
Sher Mohammad and others Vs. Saroda Bala Sen and others, 1993, 22 CLC (HCD)
.... Vol. 47 Bombay page 238; Nurul Akbar and others Vs. Saifur Ahmed and others, BSCR 1979 page 3; Moyenduddin Mondal Vs. Sushil Kumar Kundu & others, PLD 1960, Dhaka, 734; Ahmed Hussain Vs. Zakia Khatun, 20 DLR 1157. Lawyers Involved: Mamtazuddin Ahmed with Saifuddin Ahmed Chowdhury, Advocat......application claiming that the plaintiff is not the owner of the suit premises. They purchased it from Abdus Salam and others, and the defendant since then paid them rent which has been increased from time to time. They further claim to have instituted a title suit, being Title Suit No.52/87, regardi...... and would not have waited till such a late stage to apply to the Court to be added as parties. 17. Moreover, if the petitioners are now allowed to be impleaded then the plaintiffs simple suit for recovery of rent and eviction of the defendant‑tenant will be transformed into a complex title sui...... Accordingly the Rule is discharged. The stay granted earlier is hereby vacated. Communicate this order to the lower Court at once. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 527...Category: Property Law | Date: | Hits: 50
Rajab alias Rajab Ali and others Vs. State, 2011, 40 CLC (HCD)
....……Petitioner (In Criminal Miscellaneous Case No.10991 of 2010) Sajal alias Md. Sujan Miah and another…………..Petitioners (In Criminal Miscellaneous Case No.10714 of 2003) Vs. The State………………………………………………………….Opposite party (In both cases)......ained". Section 5. (2) "All offences under any other law shall be investigated, inquired into, tried, and otherwise dealt with according to the same provision, but subject to any enactment for the time being in force regulating the manner or place of investigating, inquiring into, trying or other......ame forward to the place of occurrence but the sister of the informant was found missing. Subsequently, the sister of the informant was recovered from near the temple situated at Balaganj area. After recovery, the victim disclosed that the convict-petitioners and others committed rape on her against......rom his bail bond. Let the lower Court's record along with a copy of this judgment be sent down to the concerned Tribunal at once. Ed. This Case is also Reported in: 19 BLT (HCD) (2011) 492. ..Category: Criminal Law | Date: | Hits: 86
Kulsum Banu Bibi and another Vs. Abdul Jobbar Bhuiyan and others, 2009, 38 CLC (AD)
....ion. Accordingly, the petition for leave to appeal is dismissed. Ed. This Case is also Reported in: 19 BLT (AD) (2011) 180. ......on. In the premises we do not find any merit in the leave petition. Accordingly, the petition for leave to appeal is dismissed. Ed. This Case is also Reported in: 19 BLT (AD) (2011) 180. ......Specific Relief Act. The learned trial Court further held in his judgment that since P.Ws.2 and 3 admitted the possession of the defendant in the suit land the plaintiff ought to have been sought for recovery of khas possession as consequential relief. But the plaintiff instituted a simple suit for ......on. In the premises we do not find any merit in the leave petition. Accordingly, the petition for leave to appeal is dismissed. Ed. This Case is also Reported in: 19 BLT (AD) (2011) 180. ..Category: Property Law | Date: | Hits: 94
....de by the petitioners. We do not find any merit in the leave petition.
The petition is accordingly dismissed.
Ed.
This Case is also Reported in: 19 BLT (AD) (2011) 178....... have also absorbed/appointed them as per the aforementioned clear laws prior to any fresh appointment, if they are not barred otherwise, causing their unnecessary sufferings and anxieties for a long time."
4. We have considered leave petition, the materials on record and the submissions made by ......of the representation made by the petitioners. We do not find any merit in the leave petition.
The petition is accordingly dismissed.
Ed.
This Case is also Reported in: 19 BLT (AD) (2011) 178.......of the representation made by the petitioners. We do not find any merit in the leave petition.
The petition is accordingly dismissed.
Ed.
This Case is also Reported in: 19 BLT (AD) (2011) 178...
Category: Employment/Service Law | Date: | Hits: 62
.... upon correct assessment of the materials on record arrived at a correct decision.
The petition is dismissed.
Ed.
This Case is also Reported in: 19 BLT (AD) (2011) 176.......opposite party No.2 for Specific Performance of Contract stating, inter alia, that the suit land originally belonged to Md. Monsur Rahman, the predecessor-in-interest of the defendant Nos.1-2. At the time of purchase of the said land Monsur Rahman took an amount of Tk. 45,000/- and Tk. 30,000/- as l...... the High Court Division upon correct assessment of the materials on record arrived at a correct decision.
The petition is dismissed.
Ed.
This Case is also Reported in: 19 BLT (AD) (2011) 176....... the High Court Division upon correct assessment of the materials on record arrived at a correct decision.
The petition is dismissed.
Ed.
This Case is also Reported in: 19 BLT (AD) (2011) 176...
Category: Property Law | Date: | Hits: 70
State vs. Md. Monwar Hossain Dipzol, 2009, 38 CLC (AD)
....General on behalf of the petitioner. Accordingly, this leave petition is dismissed. Ed. This Case is also Reported in: 19 BLT (AD) (2011) 171, 16 MLR (AD) (2011) 396. ......ned Additional Attorney General on behalf of the petitioner. Accordingly, this leave petition is dismissed. Ed. This Case is also Reported in: 19 BLT (AD) (2011) 171, 16 MLR (AD) (2011) 396. ......ouse of the petitioner. During the trial before the Metropolitan Special Tribunal No.7, Dhaka as many as 25 witnesses were examined in both the case and all most all of them have allegedly proved the recovery of the Arms from the residential house of the petitioner. All those witnesses were cross-ex......te have not appreciated correctly that the proceeding against the accused involves information from reliable source and the informant being A.S.I, with his force along with joint force recovered huge arms and ammunitions from the residence of the convict respondent and after conclusion of the trial ..Category: Criminal Law | Date: | Hits: 67
Bangladesh Vs. Goutam Kumar Saha and others, 2009, 38 CLC (AD)
....ny substances in the application. Accordingly both the petitions are dismissed without any order as to costs. Ed. This Case is also Reported in: 19 BLT (AD) (2011)169.......responded till date. The petitioners submitted that they were retired allegedly on ground of public interest. But from the recognitions given by the Government through honouring them with awards from time to time having regard to the satisfactory service rendered by the petitioners it appears that g......e. Thus we do not find any substances in the application. Accordingly both the petitions are dismissed without any order as to costs. Ed. This Case is also Reported in: 19 BLT (AD) (2011)169.......e. Thus we do not find any substances in the application. Accordingly both the petitions are dismissed without any order as to costs. Ed. This Case is also Reported in: 19 BLT (AD) (2011)169...Category: Employment/Service Law | Date: | Hits: 47
Md. Azizul Haque Vs. Adamjee Jute Mills Ltd., 2010, 39 CLC (HCD)
....e Mills Ltd................................Opposite Party Judgment August 26, 2010. Case Referred to- 7 MLR 132. Lawyers Involved: A. K. M. Shafiuddin with Binod Kumar Agarwal, Advocates………..For the Petitioner. Md. Tufailur Rahman with Jamaluddin Ahmed, Advocates……..Fo......and placed under Bangladesh Jute Mills Corporation, Dhaka for supervision, control and co-ordination; that the defendant-petitioner was employed as Assistant Jute purchase officer and at the relevant time he was posted as the agency in charge of plaintiffs Tarail Jute Purchase Agency for purchase of......Adamjee Jute Mills Corporation caused financial loss in purchasing raw jute to the plaintiff and any suit, if at all, which could have been instituted against the defendant was a suit in tort for the recovery of damages. He next submits that both the Courts below misdirected themselves in failing to......he plaintiff opposite party's suit is dismissed. Let a copy of the judgment along with lower Court's record be sent down at once. Ed. This Case is also Reported in: 16 MLR (HCD) (2011) 236. ..Category: Civil Law | Date: | Hits: 97
Moqbul Ahmed & others Vs. Shoeb Chowdhury & Others, 1990, 19 CLC (HCD)
.... Chowdhury J Moqbul Ahmed & others ………………petitioners Vs. Shoeb Chowdhury & Others..........Opposite Parties Judgment December 18, 1990. Cases Referred to- Bhupati Biswas & Ors. Vs. Narayan Biswas & Ors., 40 DLR 517; Rahim Baksha Gazi & Ors. Vs. En......s husband, Mohammadullah and 4 sons namely, Tazal Islam, Jafar Ahmed, Bachu Mia and Hasan Mined and 2 daughters Sufia Khatun and Zaheda Khatun but the said heirs were not brought on record within the time prescribed under the law. 3. On 26th June, 1990 the petitioners filed an application praying......ion 115 of the Code of Civil Procedure. The application thus merits no consideration and the same is accordingly summarily rejected. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 156.......ion 115 of the Code of Civil Procedure. The application thus merits no consideration and the same is accordingly summarily rejected. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 156...Category: Civil Law | Date: | Hits: 93
....ng notices? Our answer is in the negative.
For the above discussion, the Rule is discharged. No order as to costs.
Ed.
This Case is also Reported in: 44 DLR (HCD) (1992) 144.
......‘in‑opposition annexing plethora of documents and papers. However, we, in a nutshell, narrate the relevant facts of the cases of both the petitioner and the respondents M/s Allenberry & Co. sometime in 1942-43 for setting up a factory for manufacturing of drums got lease of 12.50 acres of land......per terms of the said agreement. The petitioner further states the as it refused to pay illegal demand the Military Estate Officer started certificate case under Public Demands Recovery Act, 1913 for recovery of the demand which on contest failed on 20.8.87 on the ground that claim was not recoverab......ondents in issuing notices? Our answer is in the negative.
For the above discussion, the Rule is discharged. No order as to costs.
Ed.
This Case is also Reported in: 44 DLR (HCD) (1992) 144.
..
Category: Property Law | Date: | Hits: 92
Taslimuddin alias Tasir and others Vs. State, 1991, 20 CLC (HCD)
.... (Civil Revisional Jurisdiction) Present: Habibur Rahman Khan J Mohammad Abdul Marman J Taslimuddin alias Tasir and 3 Others....................Condemned Prisoners Appellants. Vs. State ……………….… Respondent. Judgment November 13, 1991. Cases Referred to- Ha......The death of Masharuddin was thus proved. It was also proved that the death was not normal or natural. Now the question is whether the death of Masheruddin took place in the way and manner and at the time and place as alleged by the prosecution and the convict appellants are involved in the commissi......out from the mouth of this witness regarding the commission of the offence and involvement of the accused appellants. 21. P.W.11 Rahimuddin is the businessman dealing in fish. He deposed about the recovery of a cycle by Hemchandra from the Baropul beel 8/10 days after the occurrence. 22. P.W.1......lias Tasir, Nawshad Ali, Mafazzal Hossain and Abdus Salam be set at liberty forthwith, if not wanted in connection with any other case. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 136...Category: Criminal Law | Date: | Hits: 76
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