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HM Ershad Vs. The State, 1992, 21 CLC (HCD)
....crores required for the construction of the building Tk. 3,50,00,000.00 was taken from Uttara Bank as loan and the balance sum of Tk. 650,00000.00 was paid by him and the same amount was found in his possession and the possession of his dependent in his capacity as public servant and on his failure ......hat the petitioner as the then President of Bangladesh had ordered DIT now RAJUK, on an application made by some persons of Kawran Bazar area claiming themselves as the affected persons to return the land to them at the last auction rate and accordingly DIT (RAJUK) sold the land to 13 persons who ar......s of the case be sent down immediately. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 533. ......amed Special Judge Dhaka so far it relates to the framing of the additional charge against the petitioner under section 5(1)(e) of the Prevention of Corruption Act (Act II) of 1947 has been called in question and Mr. Moudud Ahmed, the learned counsel for the accused petitioner, concentrated his argu..Category: Criminal Law | Date: | Hits: 286
Sher Mohammad and others Vs. Saroda Bala Sen and others, 1993, 22 CLC (HCD)
....ent of the premises he served a notice under section 106 of the Transfer of Property Act, terminating the tenancy from July, 1978. The defendant received the notice yet failed to hand over the vacant possession of the suit land. Hence the suit. 4. The defendant opposite party No.2 contested the s......served a notice under section 106 of the Transfer of Property Act, terminating the tenancy from July, 1978. The defendant received the notice yet failed to hand over the vacant possession of the suit land. Hence the suit. 4. The defendant opposite party No.2 contested the suit by denying the rela......hanara Begum Vs. AL Md. Shamsul Haque, 27 DLR (AD) 129; 1977 AIR, Orissa 184; 1925 AIR Calcutta 26; AIR 1960 Bombay 238; 1978 AIR Jammu and Kashmir 85; AIR, Nagpur 234; 42 DLR page 72; 1983 BLD 274; Hingu Lal Vs. Baga Ram, 1902, 24 All ER 53; Mst. Jahanara Begum Vs. ML Md. Shamsul Hoque, 27 DLR (AD)......ying to add the petitioners as parties the trial Court has excluded necessary and proper parties from appearing in the suit. In their absence there will be no effective and proper adjudication of all questions involved in the suit. Moreso, when the defendant tenant has denied the title of the plaint..Category: Property Law | Date: | Hits: 50
Rajab alias Rajab Ali and others Vs. State, 2011, 40 CLC (HCD)
....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. ......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. ......ord 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. ......In support of his submission, the learned Assistant Attorney General relied upon a decision in the case of Sher Ali (Md.) and others Vs. The State, 46 DLR (AD) (1994) 67. 12. Before we take up the question for consideration as to whether the impugned judgment and order of conviction and sentenc..Category: Criminal Law | Date: | Hits: 86
Kulsum Banu Bibi and another Vs. Abdul Jobbar Bhuiyan and others, 2009, 38 CLC (AD)
.... on record dismissed the suit holding, amongst others, that the plaintiff No.2 by filing a compromise petition relinquished his claim on the suit land admitting the right, title and interest and possession of the defendant thereon and that possession of the defendant in the suit land has been a...... 3. The plaintiff-appellant hereof filed the Title Suit No.28 of 2004 in the Court of Senior Assistant Judge, Kashba, Brahmanbaria, praying for a decree for simple declaration of title in the suit land. 4. The trial court on consideration of the materials and evidence on record dismissed the s......s 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. ..Category: Property Law | Date: | Hits: 94
.... 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.......ned Senior Assistant Judge, Natore Sadar, Natore against the opposite party No.1 and the predecessor of the 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.......d arrived at a correct decision.
The petition is dismissed.
Ed.
This Case is also Reported in: 19 BLT (AD) (2011) 176.......g huge consideration. He transferred the said land to Dr. Ashim Kumar Ghosh on getting consideration money and he paid the price of the land under dispute. The plaintiff used to live in Dhaka and the question of payment of Tk. 45,000/- and Tk. 30,000/- from Dhaka to Monsur Rahman does not arise at a..
Category: Property Law | Date: | Hits: 70
State vs. Md. Monwar Hossain Dipzol, 2009, 38 CLC (AD)
....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. ......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. ......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. ......The learned Additional Attorney General next submits that the impugned order clearly shows non-application of judicial mind by the learned Judges of the High Court Division as the matter involves the question of facts as to the genuineness of the licences of the huge arms and ammunitions which have ..Category: Criminal Law | Date: | Hits: 67
Md. Azizul Haque Vs. Adamjee Jute Mills Ltd., 2010, 39 CLC (HCD)
....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. ......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. ...... once. Ed. This Case is also Reported in: 16 MLR (HCD) (2011) 236. ......rose firstly on 13.9.82 but the suit was filed on 6.7.1986 and in that view of the matter the suit was clearly barred by law of limitation but the Courts below having failed to appreciate this simple question of law and thereby most illegally decreed the suit in favour of the plaintiff and as such t..Category: Civil Law | Date: | Hits: 97
Moqbul Ahmed & others Vs. Shoeb Chowdhury & Others, 1990, 19 CLC (HCD)
....pplication for addition of the heirs of deceased defendant No.1 (Cha) under Order 1 rule 10 read with section 151 of the Code of Civil Procedure in a suit for declaration of title and confirmation of possession pending before her. 2. One Abdul Latif Chowdhury, paternal grandfather of opposite par......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.......ment December 18, 1990. Cases Referred to- Bhupati Biswas & Ors. Vs. Narayan Biswas & Ors., 40 DLR 517; Rahim Baksha Gazi & Ors. Vs. Enbar Gazi & ors., 22 DLR 500; Ujjal Hossain & ors. Vs. Firoja Khatun & ors., 41 DLR 481; Mohomedally Tyebally and others Vs. Safiabai......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
.... Ministry of Industry agreed that out of the total lands in occupation of M/s Drums Metal Ltd. 4.65 acres would be taken away and be given to the Bangladesh Air Force and the company would retain its possession of 3.28 acres for running its business. Thereafter, on June 7, 1977 respondent 3 issued a......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 from the then Ministry of Defence and set up a factory on the lease‑hold land and subsequentl......ischarged. No order as to costs.
Ed.
This Case is also Reported in: 44 DLR (HCD) (1992) 144.
...... land leased out to M/s. Drums Metal ltd. Respondents state that the petitioner has no enforceable contractual right arising out of the tender for sale of the unit so far as it relates to the land in question. Respondents further state that the petitioner had full knowledge on 17.8.1976 that the lan..
Category: Property Law | Date: | Hits: 92
Taslimuddin alias Tasir and others Vs. State, 1991, 20 CLC (HCD)
....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.......ent out in search of his father and on the way at about 8‑00 PM he saw Nawshed, Fazlur Rahman and Tasiruddin passing away quickly through the pathway. Because of previous enmity and litigation over landed property with them, the informant's brother became suspicious about their movement. The infor......Case is also Reported in: 44 DLR (HCD) (1992) 136....... failure as result of drowning which was ante‑mortem and accidental in nature." 10. 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 pl..Category: Criminal Law | Date: | Hits: 76
A Elahee & Co. Vs. MM Aziz and others, 1991, 20 CLC (HCD)
....cordance with law. In the facts and circumstances of the case, there will be no order as to costs. Send down the LC records at once. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 131.......dinate Judge, however, rejected the application vide his order dated 4.6.90 holding that the defendant had not specified the security he was willing to offer. Another application was filed offering i landed property situated in Chittagong City as a security and prayer was made for release from the a......en (1914) Chancery Division, 904; Shikharchand Vs. Mst. Bari Bai, AIR 1974 (Madhya Pradesh), 75; Kassamali Afibhoy Vs. Shaikh Abdul Sattar, PLD 1966 (WP), Karachi, 75; Wazedunnessa Khatun Vs. Daliluddinand others; 25 DLR 418. Lawyers Involved: Rokanuddin Mahmud with Murad Reza, Advocate‑For ......t have been made, either on the pleadings, or otherwise, apply to the Court for such judgment or order as upon such admission he may be entitled to, without waiting for the determination of any other question between the parties; and the Court may upon such application make such order, or give such ..Category: Civil Law | Date: | Hits: 104
Evergreen Marine Corporation Vs. Habib and Brothers and others, 2010, 39 CLC (HCD)
....merit in the application and the same is liable to be rejected. Accordingly, the application praying to return of the plaint is rejected. Ed. This Case is also Reported in: 16 BLC (2011) 902. ......merit in the application and the same is liable to be rejected. Accordingly, the application praying to return of the plaint is rejected. Ed. This Case is also Reported in: 16 BLC (2011) 902. ......e plaint is rejected. Ed. This Case is also Reported in: 16 BLC (2011) 902. ......dants have not taken delivery of the cargoes from the container and therefore, the plaint case is clearly indicative of that the cause of action arisen in respect of the containers which is neither a question relating to the carriage of goods by sea nor any use of the vessel and therefore, not amena..Category: Admiralty Law or Maritime Law | Date: | Hits: 202
Bangladesh and others Vs. Abdul Aziz, 2011, 40 CLC (HCD)
....or the plaintiff opposite party on the other hand submits that the defendants petitioners have no prima facie title and possession in the suit land; that the plaintiff opposite party have title and possession in the suit land; that the learned Assistant Judge, Nasirnagar failed to consider facts, ......h had no issue and thus Moezuddin @ Darag Ali became owner of the suit property; that SA khatian was rightly recorded in the name of the Darag Ali @ Moezuddin; that the plaintiff got some of the suit land mutated in his name in SA khatian and that he paid rent of the suit property including other pr......Aziz............... ………………………………..........Opposite Party Judgment March 22, 2011. Cases Referred To- Khandaker Mobarak All Vs. Jahanara Begum, 1 ADC (2004) 401; Jinnatunnessa Vs. Bangladesh 48 DLR 208; Abul Hossain Vs. Amjad Hossain, 62 DLR (AD) 436; Hridoy Ranj......vil Revision No. 4020 of 2009. Judgment Siddiqur Rahman Miah J.- This Rule under section 11 of the Code of Code of Civil Procedure at the instance of defendants respondents-petitioners calls in question the judgment and decree dated 4-5-2008 passed by the learned District Judge, Brahmanbaria i..Category: Procedural Law | Date: | Hits: 72
Kazi Rokanuddin Ahmed and others Vs. Chairman, 1st Labour Court and others, 2011, 40 CLC (HCD)
....Bangladesh Labour Law (Criminal) Case No. 370 of 2010 is hereby declared unlawful, malafide, out of jurisdiction and is of no legal effect. Ed. This Case is also Reported in: 16 BLC (2011) 892. ......Bangladesh Labour Law (Criminal) Case No. 370 of 2010 is hereby declared unlawful, malafide, out of jurisdiction and is of no legal effect. Ed. This Case is also Reported in: 16 BLC (2011) 892. ......s hereby declared unlawful, malafide, out of jurisdiction and is of no legal effect. Ed. This Case is also Reported in: 16 BLC (2011) 892. ...... Thus, the Rule is liable to be discharged. 10. We have heard the learned Advocates of both the sides, perused the writ petition, the impugned order and the annexures thereof. 11. The pertinent question in this case is whether a criminal case under section 307 of the Labour Law, 2006, can be i..Category: Labour and Industrial Law | Date: | Hits: 156
Iqbal Hossain and six others Vs. Chairman, Labour Appellate Tribunal and Others, 2011, 40 CLC (HCD)
.... respondent No.2) are declared to have been passed without lawful authority and is of no legal effect. Send down the LC records at once. Ed. This Case is also Reported in: 16 BLC (2011) 889. ...... respondent No.2) are declared to have been passed without lawful authority and is of no legal effect. Send down the LC records at once. Ed. This Case is also Reported in: 16 BLC (2011) 889. ......out lawful authority and is of no legal effect. Send down the LC records at once. Ed. This Case is also Reported in: 16 BLC (2011) 889. ....... Nurul Huda, Advocates-For the Petitioners. No one appears-For Respondents. Writ Petition Nos. 7476, 7622, 7623, 7624, 7625, 7626 and 7627 of 2010. Judgment Abdul Awal J.- Since a common question of law is involved in this matter, all the seven Writ Petitions bearing Nos.7476/2010, 7622..Category: Labour and Industrial Law | Date: | Hits: 161
Arefa Bewa and others Vs. Alekjan Bewa & others, 2009, 38 CLC (HCD)
....discharged without any order as to cost. The decrees of the Courts below are hereby affirmed. Send down the lower Court records at once. Ed. This Case is also Reported in: 16 BLC (2011) 888. ......s defendant Nos. 32-34 contested the suit by filing a written statement denying the material facts of the plaint. 4. The learned Munsif, Second Court, Bogra decreed the suit in respect of the suit lands described in schedule 1 (ka) and 1 (Gha) against which the petitioners preferred partition app......tioners Vs. Alekjan Bewa & others..............................Opposite Parties Judgment March 23, 2009. Lawyers Involved: Zahedul Bari, Advocate-For Petitioners. Md. Alauddin Ahmed, Advocate-For the Opposite Parties. Civil Revision No. 2967 of 2003. Judgment Md. ......discharged without any order as to cost. The decrees of the Courts below are hereby affirmed. Send down the lower Court records at once. Ed. This Case is also Reported in: 16 BLC (2011) 888. ..Category: Property Law | Date: | Hits: 72
Nasir Uddin Vs. State, represented by the Deputy Commissioner, Narayanganj, 2011, 40 CLC (AD)
....al. 7. Mr. Md. Khurshid Alam Khan, the learned Advocate appearing for the petitioner has argued mainly to the effect that the seized arms and ammunitions, admittedly, were not recovered from the possession of this accused-petitioner, that according to the case of the prosecution itself this all......e High Court Division suffers from no illegality or impropriety and, as such, this criminal petition for leave to appeal is dismissed. Ed. This Case is also Reported in: 64 DLR (AD) (2012) 1. ......ity or impropriety and, as such, this criminal petition for leave to appeal is dismissed. Ed. This Case is also Reported in: 64 DLR (AD) (2012) 1. ......e High Court Division suffers from no illegality or impropriety and, as such, this criminal petition for leave to appeal is dismissed. Ed. This Case is also Reported in: 64 DLR (AD) (2012) 1. ..Category: Criminal Law | Date: | Hits: 64
....ted earlier by this court stands vacated.
Communicate the judgment to respondent No.2 at once.
Md. Emdadul Huq J. - I agree.
This Case is also Reported in: 64 DLR (HCD) (2012) 116.
......ted earlier by this court stands vacated.
Communicate the judgment to respondent No.2 at once.
Md. Emdadul Huq J. - I agree.
This Case is also Reported in: 64 DLR (HCD) (2012) 116.
...... judgment to respondent No.2 at once.
Md. Emdadul Huq J. - I agree.
This Case is also Reported in: 64 DLR (HCD) (2012) 116.
......by the different set of defendants, the Adalat framed issues by order dated 30.09.2008. So it can not be said that the Adalat failed to exercise its jurisdiction on this aspect.
29. Next comes the question of the legal responsibility of the Adalat to consider the issues so framed, and the written..
Category: Civil Law | Date: | Hits: 147
State Vs. Ashraf Ali and others, 2009, 38 CLC (HCD)
.... alias Ripon and Abdul Jalil alias Shimul. Send down the lower Court record at once. Mashuque Hosain Ahmed J.-I agree. Ed. This Case is also Reported in: 16 BLC (HCD) (2011) 310. ...... alias Ripon and Abdul Jalil alias Shimul. Send down the lower Court record at once. Mashuque Hosain Ahmed J.-I agree. Ed. This Case is also Reported in: 16 BLC (HCD) (2011) 310. ......he lower Court record at once. Mashuque Hosain Ahmed J.-I agree. Ed. This Case is also Reported in: 16 BLC (HCD) (2011) 310. ......gistrate, several marks of injury were found on his body and in such attending facts and circumstances of the case, the truth and voluntariness of the confessional statement, exhibit-5 becomes highly questionable and doubtful and it would not be safe and legal to convict a person relying upon only a..Category: Criminal Law | Date: | Hits: 82
Subodh Ranjan and others Vs. State, 1993, 22 CLC (HCD)
....d owner of a big cloth shop named 'Bastraniketon' at Monoharpur within Comilla town and that the informant and his partymen took away Bangladeshi currency notes amounting to Tk. 17,95,924.00 from the possession of appellant No.1 Subodh and that appellant No.2 Ratan Ghosh is his employee and that at ......nd they are acquitted of the charges. The accused appellants be set at liberty at once if not wanted in connection with any other case. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 521.......ed appellants be set at liberty at once if not wanted in connection with any other case. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 521.......nd they are acquitted of the charges. The accused appellants be set at liberty at once if not wanted in connection with any other case. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 521...Category: Criminal Law | Date: | Hits: 75
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