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Aslam Hossain Chaklader Vs. Ali Nur and others, 1991, 20 CLC (HCD)
....00.00 and the bid was accepted by the Upazila Parishad on 22.4.91. The appellant paid Tk. 2,40,000.00 on the date of bid and he deposited balance money of Tk. 6,66,000.00 on 22.4.91 and he was put in possession of the Bazar on that day. The appellant was collecting tolls on and from 22.4.91. The pla......te Judge is hereby set aside and the petition for temporary injunction is rejected. The connected Rule is disposed of accordingly. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 366. ......s Case is also Reported in: 45 DLR (HCD) (1993) 366. ......te Judge is hereby set aside and the petition for temporary injunction is rejected. The connected Rule is disposed of accordingly. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 366. ..Category: Civil Law | Date: | Hits: 74
Abdul Awal and others Vs. Abdul Hamid and others, 1991, 20 CLC (HCD)
....lema Bibi and Defendants 1‑3 on equal shares on the strength of auction purchase in a certificate Case No.271/29‑30 and on confirmation of the certificate sale auction purchasers took delivery of possession through Court and since then they remained in peaceful possession thereof. Abdul Aziz ......cree of the trial Court. 3. Plaintiff respondent Abdul Hamid and others filed a Partition Suit being T.S. No.31 of 1960 in the 4th Court of Subordinate Judge, Dhaka for partition in respect of the land appertaining to CS Khatian No.11 of Mouja Pakiabad PS Kapasia District Dhaka. In addition to th......Khan, Advocate ‑ For the Appellants. Mian Abdul Gofur, Advocate‑For the Respondent No.1. Second Appeal No. 624 of 1968. Judgment Syed Fazle Ahmed J.- This Second Appeal is directed against the judgment and decree passed by Additional District Judge, 3rd Court, Dhaka in Title Appeal N...... written statement regarding auction sale proved beyond doubt that the holding in suit was put to certificate sale and the concurrent finding of Courts below regarding certificate sale relates to the question of fact and High Court has no jurisdiction to interfere with a finding of fact, however gro..Category: Property Law | Date: | Hits: 69
Anwar Hossain and others Vs. Abul Hossain Molla and others, 1991, 20 CLC (HCD)
....e Appeal No.323 of 1969, reversing the judgment and decree passed by Munsif, Goalundo, in TS No. 84 of 1968. 2. Plaintiff‑appellant filed this suit for a declaration of title and confirmation of possession in respect of the land described in the schedule of the plaint. The case as set up in the......rsing the judgment and decree passed by Munsif, Goalundo, in TS No. 84 of 1968. 2. Plaintiff‑appellant filed this suit for a declaration of title and confirmation of possession in respect of the land described in the schedule of the plaint. The case as set up in the plaint can briefly be stated......r as to cost. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 79. ......ing it, but the learned 1st appellate Court committed gross error in interpreting the facts in this regard. Plaintiff appellants are not party to the deed Ext. A and as such are entitled to call in question the legality of registration of the sale deed Ext. A. The 1st appellate Court wrongly held ..Category: Property Law | Date: | Hits: 91
Dr. Joynal Abedin Vs. State, 1991, 20 CLC (HCD)
....if the petitioners are not further prosecuted in connection with the alleged occurrence resulting in the filing of CR Case No.45 of 1985. Ed This Case is also Reported in: 44 DLR (HCD) (1992) 77.......complainant, who is opposite party No.2 here, is that accused persons (numbering item total six) out of previous enmity started quarrel with P.W.1 Eshaque on 20.4 .85 at 7‑00 AM over irrigating the land of accused Joynal and at one stage of the quarrel accused persons formed an unlawful assembly a......in connection with the alleged occurrence resulting in the filing of CR Case No.45 of 1985. Ed This Case is also Reported in: 44 DLR (HCD) (1992) 77.......its revisional jurisdiction. 9. Mr. Amin, the learned Advocate for the accused petitioners, frankly submits that although no objection to the absence of jurisdiction was taken at the earlier stage question of such jurisdiction can be agitated even in revision before this Court. I find considerabl..Category: Criminal Law | Date: | Hits: 79
Bangladesh Vs. Md. Aslam and others, 1989, 18 CLC (HCD)
....aintiff, filed Title Suit No.29 of 1971, in the 1st Court of Subordinate Judge, against the petitioner and others for a declaration of his Junglebari Abadkari right on reclamation and confirmation of possession therein and also for permanent injunction. The said suit on transfer was renumbered as Ti......€‘opposite party Nos.2‑9 filed a petition under Order 1 rule 10 of the Code of Civil Procedure to be impleaded as plaintiffs in the said suit. The prayer was allowed. The plaintiffs assert that the land in question originally belonged to Baraura Tea Company Ltd. within Rashidpur Tea Estate. The pl......Judge are affirmed and maintained. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 69.......te party Nos.2‑9 filed a petition under Order 1 rule 10 of the Code of Civil Procedure to be impleaded as plaintiffs in the said suit. The prayer was allowed. The plaintiffs assert that the land in question originally belonged to Baraura Tea Company Ltd. within Rashidpur Tea Estate. The plaintiff ..Category: Property Law | Date: | Hits: 96
Haroon and another Vs. Mst. Sufia Khatun and another, 1990, 19 CLC (HCD)
....n of their monthly tenant M/s. Jamil Auto Centre and its proprietor, Mustafa Jamil Ahmed, from a holding at Sir Syed Road, Mohammadpur, Dhaka When the decree was in execution the writ for delivery of possession was once resisted by the judgment debtor. So there was an order by the executing court fo...... contention is overruled. For all these reasons I find no substance in this case. The Rule is, accordingly, discharged with costs. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 63.......osts. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 63.......€‘ For the Opposite Parties Nos. 1 and 2. Civil Revision No. 1065 of 1989. Judgment Bimalendu Bikash Roy Chowdhury J.- This Rule which has been argued at a considerable length raises a short question relating to the execution of a decree for ejectment. In order to make the question intellig..Category: Civil Law | Date: | Hits: 89
....ind no illegality whatsoever in impugned orders and on the grounds stated above, the Rule is discharged without any order as to cost.
Ed.
This Case is also Reported in: 45 DLR (HCD) (1993) 333.
......ind no illegality whatsoever in impugned orders and on the grounds stated above, the Rule is discharged without any order as to cost.
Ed.
This Case is also Reported in: 45 DLR (HCD) (1993) 333.
......the grounds stated above, the Rule is discharged without any order as to cost.
Ed.
This Case is also Reported in: 45 DLR (HCD) (1993) 333.
...... that the Court cannot enquire into the existence of emergency or the propriety of the action taken by the Vice‑Chancellor without reference to the Executive Council. In the present case, the whole question relating to the appointment of the petitioner as professor on probation in view of the situ..
Category: Employment/Service Law | Date: | Hits: 155
State Vs. Amin Huda, 2011, 40 CLC (AD)
....fore the Druta Bichar Tribunal within 6(six) weeks from the date of receipt of this judgment. Ed. This Case is also Reported in: 63 DLR (AD) (2011) 152,8 LG (AD) (2011) 164, VIII ADC (2011) 890. ......fore the Druta Bichar Tribunal within 6(six) weeks from the date of receipt of this judgment. Ed. This Case is also Reported in: 63 DLR (AD) (2011) 152,8 LG (AD) (2011) 164, VIII ADC (2011) 890. ......s judgment. Ed. This Case is also Reported in: 63 DLR (AD) (2011) 152,8 LG (AD) (2011) 164, VIII ADC (2011) 890. ......ugust, 2008 passed by the High Court Division in Criminal Miscellaneous Case Nos. 4678 and 4679 of 2008). Judgment Md. Abdul Wahhab Miah J. - These two appeals having identical facts and common questions of law have been heard together and are being disposed of by this single judgment. 2. T..Category: Criminal Law | Date: | Hits: 112
Government of BanglaÂdesh and others Vs. Excellent Corporation, 2010, 39 CLC (AD)
.... without any order as to cost. The Judgment of the High Court Division is set aside. Ed. This Case is also Reported in: 63 DLR (AD) (2011) 148, 16 MLR (AD) (2011) 433, 8 LG (AD) (2011) 190. ...... without any order as to cost. The Judgment of the High Court Division is set aside. Ed. This Case is also Reported in: 63 DLR (AD) (2011) 148, 16 MLR (AD) (2011) 433, 8 LG (AD) (2011) 190. ......ase is also Reported in: 63 DLR (AD) (2011) 148, 16 MLR (AD) (2011) 433, 8 LG (AD) (2011) 190. ......was refused by the writ respondent No.1 and in the meantime there was correspondences between the writ-respondent Nos.1 and 2 on the one side and writ-respondent Nos.3 and 4 on the other side, on the question of payment of agent's commission as claimed by the writ-petitioner. The Bangladesh Bank adm..Category: Business or Commercial Law | Date: | Hits: 267
Bangladesh and another Vs. Md. Abdul Karim, 2011, 40 CLC (AD)
....e Administrative Appellate Tribunal, Dhaka. Ed. This Case is also Reported in: 63 DLR (AD) (2011) 143, 31 BLD (AD) (2011) 117, 8 LG (AD) (2011) 159, 16 MLR (AD) (2010) 361, VIII ADC (2011) 589. ......e Administrative Appellate Tribunal, Dhaka. Ed. This Case is also Reported in: 63 DLR (AD) (2011) 143, 31 BLD (AD) (2011) 117, 8 LG (AD) (2011) 159, 16 MLR (AD) (2010) 361, VIII ADC (2011) 589. ......n: 63 DLR (AD) (2011) 143, 31 BLD (AD) (2011) 117, 8 LG (AD) (2011) 159, 16 MLR (AD) (2010) 361, VIII ADC (2011) 589. ...... period has been prescribed for filing an application for setting aside an order of dismissal which is also applicable in case of an appeal because of Rule 11 of the Rules as quoted hereinbefore, the question of treating an application for restoration of an appeal as time barred does arise at all. I..Category: Administrative Law | Date: | Hits: 181
Mohiuddin Ahmed and others Vs. Lutfur Rahman and another, 1990, 19 CLC (HCD)
....oners in place of the name of respondent No.1 in respect of the shares which the petitioners had held on 8.3.85 in the above company. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 48. ......4.90 the respondent No.1 had written two letters to the Managing Director, Pubali Bank, one dated 4.4.90 and another dated 11.4.90 for releasing the properties and handing over the title deeds of the land and house properties remaining with the Pubali Bank. The petitioners also filed a reply to the ...... in respect of the shares which the petitioners had held on 8.3.85 in the above company. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 48. ......en transferred and registered in favour of the respondent No.1, the petitioners' relief does not lie under the Companies Act. It is further alleged that in the present case there are so many disputed questions of facts which cannot be adjudicated in such summary proceeding. It is their further case ..Category: Company Law | Date: | Hits: 159
Syed Mokbul Hossain Vs. Government of Bangladesh, 1990, 19 CLC (HCD)
....thority may impound or cause to be impounded or revoke a passport or travel document‑ (a) if the passport authority is satisfied that the holder of the passport or travel document is in wrongful possession thereof; (b) if the passport or travel document was obtained by suppression of materia......t should not be lightly interfered with. In the facts and circumstances of the case, there will, however, be no order as to costs. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 39. ......ts and circumstances of the case, there will, however, be no order as to costs. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 39. ......a Ahsan, Assistant Attorney‑General ‑ For the Respondent No.1. Writ Petition No.196 of 1989. Judgment Mohammad Abdur Rouf J.- The petitioner on 19.2.89 obtained this Rule Nisi calling in question the action taken on 16.10.88 seizing his Passport No. 827638, at Zia International Airport ..Category: Constitutional Law | Date: | Hits: 288
Mohammad Mofizuddin Vs. Mohammad Firoj Alam and another, 1991, 20 CLC (HCD)
....of such a power. The Rule is, therefore, made absolute without, however, any order as to costs and the impugned order is set aside. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 36. ......of such a power. The Rule is, therefore, made absolute without, however, any order as to costs and the impugned order is set aside. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 36. ...... This Case is also Reported in: 44 DLR (HCD) (1992) 36. .......1 and 2 were further directed to publish the plaintiffs result in SSC Examination, 1981. The said decision was upheld on appeal. The unsuccessful defendants then obtained the present rule calling in question the propriety of the judgment of affirmance. 5. Appearing on behalf of the petitioners, ..Category: Civil Law | Date: | Hits: 84
Salahuddin Khan and others and others Vs. Md. Abdul Hai Bahar and others, 2011, 40 CLC (AD)
.... The trial Court is further directed to dispose of the suit as expeditiously as possible. Ed. This Case is also Reported in: 63 DLR (AD) (2011) 138, 31 BLD (AD)(2011) 185, VIII ADC (2011) 869. ...... The trial Court is further directed to dispose of the suit as expeditiously as possible. Ed. This Case is also Reported in: 63 DLR (AD) (2011) 138, 31 BLD (AD)(2011) 185, VIII ADC (2011) 869. ......possible. Ed. This Case is also Reported in: 63 DLR (AD) (2011) 138, 31 BLD (AD)(2011) 185, VIII ADC (2011) 869. ......laint may be allowed at any stage of the proceedings and the proÂposed amendment would not change the nature and character of the suit, rather it is necessary for the purpose of determining the real question of controÂversy between the parties, but the learned Judges of the High Court Division rej..Category: Civil Law | Date: | Hits: 86
Sadharan Bima Corporation Vs. Philoship Co. S A, 1990, 19 CLC (HCD)
....of the case as stated above, I find no merit in the present suit and as such it is dismissed on contest without any order as to costs. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 31. ......een two ships as they apply where the question arises in a common law action. (iv) But if the negligence of both parties to the litigation continues right up to the moment of collision, whether on land or on sea, each party is to blame for the collision which is the result of the continued neglig......se is also Reported in: 44 DLR (HCD) (1992) 31. ......by exercising reasonable care have avoided causing damage to the other negligent party. (iii) The above rules apply in Admiralty with regard to collisions between two ships as they apply where the question arises in a common law action. (iv) But if the negligence of both parties to the litigat..Category: Admiralty Law or Maritime Law | Date: | Hits: 177
Nurul Islam & others Vs. Noor Mohammad, 1991, 20 CLC (HCD)
....der as to costs. The Court below is directed to dispose of the suits in accordance with law in the light of the observation made above. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 29.......ted for declaration of title in respect of the property which was also the subject matter in issue in the later suit which was instituted for declaration of title and for partition of the self‑same land. The opposite Party instituted the Title Suit No.89 of 1981 and the petitioners instituted the ...... February 6, 1991. Case Referred to- M/s Ayat Ali Bhuiyan and Company Ltd. Vs. Janata Bank, 40 DLR 56. Lawyers Involved: Abdus Salam Khan, Advocate‑For the Petitioner. Aftab Hossain, Advocate‑For the opposite Parties. Civil Revision No.417 of 1984. Judgment AM Mahmudu...... Abdus Salam Khan, Advocate‑For the Petitioner. Aftab Hossain, Advocate‑For the opposite Parties. Civil Revision No.417 of 1984. Judgment AM Mahmudur Rahman J.- In this Rule the short question involved is whether the Title Suit No.89 of 1981 and the Title Suit No.342 of 1982 can be h..Category: Procedural Law | Date: | Hits: 51
Hazerannessa Vs. Nasiruddin Mahmood and others, 1991, 20 CLC (HCD)
.... to CS Plot No.389 of CS khatian No.136 of Mouza Lokuriapara restraining the defendants from entering upon the land in suit on various averments including the assertion that the plaintiff has been in possession of the land in suit on the basis of an order passed in a pre‑emption case which he took......t on 6.11.1980 in Title Suit No.371 of 1977. 2. The petitioner instituted the aforesaid Title Suit for permanent injunction against the opposite party No.1 and 7 others in respect of 0.50 acres of land appertaining to CS Plot No.389 of CS khatian No.136 of Mouza Lokuriapara restraining the defend......s Case is also Reported in: 44 DLR (HCD) (1992) 28.......urt to re‑hear the same in accordance with law with utmost expedition. In the result, the Rule is discharged. No order as to cost. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 28...Category: Procedural Law | Date: | Hits: 79
Bangladesh Mukti Judda Kallyan Trust Vs. Nurul Hossain and others, 1990, 19 CLC (HCD)
....urchased it from the Government and hence have every right to sell and dispose of the said property as owner and the plaintiff had no reason to file the suit for declaration of their right, title and possession over the same and if they are in possession of the property it is in possession of trespa......t that eviction was caused by the Government in exercise of the power under Ordinance 24 of 1970 namely, the provision of law authorizing the Government to take khas possession of the Government khas land by evicting trespassers. The Mukti Judda Kallayan Trust has nothing to do with the proceeding o......e Jurisdiction) Present: Anwarul Haque Chowdhury J Kazi Ebadul Hoque J Bangladesh Mukti Judda Kallyan Trust…………………………………………Appellant Vs. Nurul Hossain and others……………………………………..Respondents Judgment December 18, 199......, Bangladesh Mukti Judda Kallayan Trust stating all the facts of the property and also the sale of the property by them to the plaintiff and requesting them to abstain from auctioning the property in question. 5. Having received no reply from the Mukti Judda Kallayan Trust, the plaintiff was cons..Category: Property Law | Date: | Hits: 389
Anisul Islam Mahmood and others Vs. Government of Bangladesh, 1991, 20 CLC (HCD)
....hese two rules are made absolute without any order as to costs (the consequence of which is that the said two proceedings are quashed). Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 1. ......hese two rules are made absolute without any order as to costs (the consequence of which is that the said two proceedings are quashed). Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 1. ......o costs (the consequence of which is that the said two proceedings are quashed). Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 1. ......an J.- These two writ petitions are disposed of by this judgment as they arise out of cognizance taken by the Special Tribunals under section 7(b) of the Special Powers Act, 1974 and involve the same questions of law, Both the petitioners were Ministers of the Government of Bangladesh and Members of..Category: Criminal Law | Date: | Hits: 88
Mustafizur Rahman @ Mustak Vs. State, 2011, 40 CLC (HCD)
.....W.3 after getting the information, surrounded the garden of the Nashir Uddin and apprehended 3 accused persons including the petitioner and recovered one pipe gun and one piece of cartridge from his possession. It is submitted that this is a case of no evidence. 13. In order to admire the submis......t liberty at once if not wanted in connection with any other case. Communicate the judgment to the court below at once. Md. Ashraful Kamal J. - I agree. Ed. This Case is also Reported in: ......ith any other case. Communicate the judgment to the court below at once. Md. Ashraful Kamal J. - I agree. Ed. This Case is also Reported in: ......t liberty at once if not wanted in connection with any other case. Communicate the judgment to the court below at once. Md. Ashraful Kamal J. - I agree. Ed. This Case is also Reported in: ..Category: Criminal Law | Date: | Hits: 68
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