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Abdus Sahid @ Shahid & others Vs. Anowara Begum & others, 2009, 38 CLC (HCD)

....urt of Senior Assistant Judge, Balaganj, Sylhet. 3. Plaintiffs claimed that Amir Kha, the predecessor-in-interest of both the plaintiffs and the defendants was the original owner of the schedule land who died leaving behind 3 sons Haban Ali, Mofiz Ali and Nochin who got 1/3 share each of the pr......llip;………………………………Opposite Parties Judgment April 9, 2009. Result: The Rule is discharged. Case Referred to- Ahejuddin Molla Vs. Hanufa Bibi and others, 26 D.L.R. (1974) 323. Lawyers......ch was subsequently renumbered as Title Suit No.35 of 1999 and, lastly, as Title Suit No.50 of 2001 in the seisin of the Court of Senior Assistant Judge, Balaganj, Sylhet. 3. Plaintiffs claimed that Amir Kha, the predecessor-in-interest of both the plaintiffs and the defendants was the original......sult: The Rule is discharged. Case Referred to- Ahejuddin Molla Vs. Hanufa Bibi and others, 26 D.L.R. (1974) 323. Lawyers Involved: Md. Faroque Ahmed with Anjuman-Ara Begum- For the Petitioners. M.A. Jabbar- For Opposite Parties. Civil Revision No.1245 of 2005. ..

Category: Property Law | Date: 9 Apr, 2009 | Hits: 2

Fahima Nasrin Vs. Government of Bangladesh and others, 2009, 38 CLC (HCD)

....es of children. Efforts must be made to explore the root causes of the children’s deviant behaviour and to remedy that. They are to be given all the benefit that our Constitution and the law of the land provide for them. We are also obliged to implement various beneficial provisions of internation....... This Case is also Reported in: 61 DLR (HCD) (2009) 232. ......etenu shall not be released and discharged on his attaining the age of 18 years in accordance with the provisions of section 67 of the Children Act, 1974. 2. The facts of the case, in brief, are that Md. Zahidul Hasan, alias Rony, henceforth referred to as Rony, was accused of taking gold jewell......Vs. Metropolitan Police Commissioner, 60 DLR 660; State Vs. Md. Roushan Mondal @ Hashem, 59 DLR 72. Lawyers Involved: Ms. Fahima Nasrin, Advocate-In person. Md. Abdus Samad Kamal, Deputy Attorney General, with Ms. Nowazish Ara Begum, Assistant Attorney General-For the respondents. Mahm..

Category: Women and Children | Date: 11 Feb, 2009 | Hits: 189

Tashin Ali (Md.) Vs. Md. Shamsul Hoque and others, 2009, 38 CLC (HCD)

....the suit jote was purchased by one Chanda Bibi in auction on execution of the decree passed in Rent Suit No.593 of 1951. The heirs of Chanda Bibi named A Sattar and Suratan Nessa transferred the said land by way of Heba-bil-Ewaz dated 11-11-1985 in favour of pre-emptor. The pre-emptor has got a shop......down the LC records. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 220. ......filed the above case against the petitioner and pro-forma opposite parties for pre-emption under section 96 of the State Acquisition and Tenancy Act. 3. The plaint case, in short, inter alia is that the suit jote was purchased by one Chanda Bibi in auction on execution of the decree passed in R......hers…………………..Opposite Parties Judgment January 15, 2009. Result: The rule is discharged. In a pre-emption case there is no scope to consider the title of either party. In order to determine the title, the party concerned is required to file a suit for declaration of ti..

Category: Property Law | Date: 15 Jan, 2009 | Hits: 38

Dewan Joynal Abedin Vs. Husen Ahmed Khan and others, 2008, 37 CLC (HCD)

....default. 2. Opposite party No. 1 instituted the Miscellaneous Case No.12 of 2002 (pre-emption) in the Court of the learned Assistant Judge, Nasirnagar, Brahmanbaria for pre-emption of the case land claiming as co-sharer by inheritance. The petitioner resisted the claim of pre-emption by fil......�………… Petitioner Vs. Husen Ahmed Khan and others……………… Opposite Parties Judgment December 2, 2008. Result: The Rule is discharged without any order as to costs. The Code of Civil Procedure, 1908 (Act No. V of 1908); Order XLI, rules ......07 made the Rule absolute and directed the learned District Judge to dispose of the appeal on merit. Thereafter, the learned District Judge dismissed the appeal on default. 3. It is contended that the pre-emptee petitioner has no knowledge about the tendency of the appeal before the learned ......�……………… Petitioner Vs. Husen Ahmed Khan and others……………… Opposite Parties Judgment December 2, 2008. Result: The Rule is discharged without any order as to costs. The Code of Civil Procedure, 1908 (Act No. V of 1908); Order XLI, ..

Category: Property Law | Date: 2 Dec, 2008 | Hits: 7

Mosammat Kazi Shamsunnahar Vs. Md. Ramjan Molla and others, 2008, 37 CLC (HCD)

.... the rule are as follows: The opposite party No.1 as petitioner filed a Pre-emption Case No.35 of 1999 before the learned Senior Assistant Judge, Munshiganj for pre-emption of the suit land against the purchaser petitioner and others. The trial court on conclusion of the hearing allow......………………………………Opposite Parties Judgment November 20, 2008. Result: The Rule is discharged. Cases Referred to- Birendra Nath Kar Vs. Abdul Mannan Kazi and others, 10 BLC (AD) 157; Mozibar ......e court, the petitioner preferred this revisional application before this court and obtained the present rule. 4. Mr. Kazi Abdul Khaleque, the learned advocate for the petitioner submitted that both the courts below committed gross illegality in violating the clear provision of law that th....... Abdul Mannan Kazi and others, 10 BLC (AD) 157; Mozibar Rahman Molla and another Vs. Md. Rehazuddin and others, 8 BLC 479; Abdul Latif Vs. Rashid Ahmed and others, 2 BLC 73; Deputy Commissioner, Jessore Vs. Ershad Ali Moral and others, 25 BLD (AD) 161. Lawyers Involved: Kazi Abdul Khalequ..

Category: Property Law | Date: 20 Nov, 2008 | Hits: 2

Mosammat Setara Begum Vs. Al-Arafah Islami Bank Ltd. and others, 2008, 37 CLC (HCD)

....w. Office is directed to communicate the order at once with a copy of judgment for information and necessary action. Ed. This Case is also Reported in: 14 MLR (HCD) (2009) 480. ....... Nurul Amin, Advocate - For the respondent No.1 None appears - For the respondent nos. 2-3. Writ Petition No.9097 of 2006. Judgment Syed Md. Ziaul Karim J.- This Rule Nisi was issued, on an application under Article 102 of the Constitution of the People's Republic of Ban......etitioner's mortgaged property upon the decree holder bank, should not be declared to have been made without lawful authority and is of no legal effect. 2. Short facts leading to this Rule are that on 21-04-2005 respondent No.1 Al-Arafa Islami Bank Ltd. Moulvi Bazar Branch, (briefly as Bank)......h Islami Bank Ltd. and others.............Respondents Judgment November 11, 2008. Result: The Rule is discharged. Lawyers Involved: A.R.M. Shahidul Islam, Advocate - For the petitioner Kazi Md. Nurul Amin, Advocate - For the respondent No.1 None appears ..

Category: Civil Law | Date: 11 Nov, 2008 | Hits: 4

Akramuzzaman (Md.) alias Babu Vs. Artha Rin Adalat No. 1 Rajbari and others, 2008, 37 CLC (HCD)

....heir submissions. 13. Admittedly, at the time of institution of the suit the petitioner was not impleaded as a party. He is the son of defendant No. 2 Halima Begum, who was the mortgagor of the land in question. After the death of mortgagor Halima Khatun, the petitioner was imp leaded as defen......(HCD) (2009) 638; 15 MLR (HCD) (2010) 1. ......hether the provisions of civil imprisonment under section 34 (2) of the Artha Rin Adalat Ain 2003 is applicable in respect of the substituted heirs of mortgagor or guarantor. It is well settled that the liability of the principal debtor is co-extensive with that of the guarantor or mortgagor. T......……. Petitioner Vs. Artha Rin Adalat No. 1 Rajbari and others………………..Respondents Judgment November 5, 2008. Result: The Rule is made absolute without any order as to cost. The Artha Rin Adalat Ain, 2003 (Act No. VIII of 2003) Whether the prov..

Category: Civil Law | Date: 5 Nov, 2008 | Hits: 168

United Edible Oils Ltd. Vs. London Steam Ship Owners' Mutual Insurance Association Ltd. and other(s), 2008, 37 CLC (HCD)

....ssociation Ltd. and other(s) …………Defendants Judgment October 26, 2008. Result: The Applications are dismissed. Cases Referred to- "The Fanti" and " The Padre Island', [1990] 2 Lloyd's Law Report, 191; Imperial Bank Vs. London and St Katherine Docks Company, [......Vs. London Steam Ship Owners' Mutual Insurance Association Ltd. and other(s) …………Defendants Judgment October 26, 2008. Result: The Applications are dismissed. Cases Referred to- "The Fanti" and " The Padre Island', [1990] 2 Lloyd's Law Report, 191; Imper......a state of affairs led the plaintiff in both the Suits to initiate legal proceedings and to obtain orders of arrest of the concerned vessels as security for the claims made. It is at this juncture that the two Protection and Indemnity Associations ("P&I clubs"), being the London Steam Ship O......�………Defendants Judgment October 26, 2008. Result: The Applications are dismissed. Cases Referred to- "The Fanti" and " The Padre Island', [1990] 2 Lloyd's Law Report, 191; Imperial Bank Vs. London and St Katherine Docks Company, [1877] 5 Ch. D 195, 200; MM Ispa..

Category: Admiralty Law or Maritime Law | Date: 26 Oct, 2008 | Hits: 17

Idrisur Rahman (Md) Vs. Bangladesh, 2008, 37 CLC (HCD)

.... and continuously observed constitutional convention has developed regarding consultation with the Chief Justice this Ordinance will help grow a constitutional convention in this area. 35. In England, a Judicial Appointment Commission has been established under section 61 of the Constitution Re......cided by the Appellate Division. Ed. This Case is also Reported in: 60 DLR (2008) 714. ......dence and separation of the judiciary from other organs of the State. He challenged the constitutionality of the Ordinance. 6. The premises upon which, the writ petition was made, in short, are that the separation and independence of the judiciary from the executive and legislative organs have ...... SC 710, 725, Peergada Kazi Shariatulla and others vs. Bangladesh in Writ Petition No. 2207 of 2008; M Shamsul Huque and others vs. Bangladesh and others in Writ Petition 4300 of 2008; Bhagat vs Emperor: AIR 1931 PC 111; Emperor vs. Bencari Lai (Lord Chancellor): AIR 1945 PC 48; Lakhi Narayan Das vs..

Category: Constitutional Law | Date: 7 Aug, 2008 | Hits: 236

S.M. Mohiuddin Hossain Vs. Jalalabad Co-Operative Housing Society Limited and others, 2008, 37 CLC (HCD)

....rain to defendants from entering into the suit property and not to evict plaintiff and not to do any harm to the properties and houses therein. 3. The suit of the plaintiff case is that the land described in Schedule-"Ka" of the plaint was belonged to the R. S. record of tenant a...... Jalalabad Co-Operative Housing Society Limited and others………….Opposite Parties Judgment August 5, 2008. Result: The Rule is made absolute. Cases Referred to- Md. Afazuddin Vs. Moyezuddin Shaikh being dead his heirs Tahejuddin Shaikand ......the restrain to defendants from entering into the suit property and not to evict plaintiff and not to do any harm to the properties and houses therein. 3. The suit of the plaintiff case is that the land described in Schedule-"Ka" of the plaint was belonged to the R. S. record of ......rs, 17 BLD (AD) 58; Hussain Ahmed Chowdhury alias Ahmed Hossain Chowdhury and others Vs. Md. Nurul Amin and others, 47 DLR (AD) 162. Lawyers Involved: Momotazuddin Ahmed with Md. Abu Taleb-For the Plaintiff-Respondent-Petitioner. H.S. Deb Brahman-For the Opposite Party No.1. Civi..

Category: Civil Law, Property Law | Date: 5 Aug, 2008 | Hits: 4

Motahera Begum and others Vs. Abdul Monaf and others, 2008, 37 CLC (HCD)

....aside. 2. The petitioner being plaintiffs instituted Other Suit No.45 of 1995 in the Court of the learned Senior Assistant Judge, Cox's Bazar praying a decree for declaration of title to the land measuring an area of 1.50 acres appertaining to R.S. Khatian No.105, M.R.R. Khatian No.1, ......lip;………………………………Opposite Parties Judgment July 30, 2008. Result: The Rule is discharged. Cases Referred to- Fatema Khatun Vs. Faizal Mia, 21 B.L.D.(H.C) 14; Khurshid Ali and others Vs. ......llip;……………………Opposite Parties Judgment July 30, 2008. Result: The Rule is discharged. Cases Referred to- Fatema Khatun Vs. Faizal Mia, 21 B.L.D.(H.C) 14; Khurshid Ali and others Vs. Noorjahan Bewa and others,......posite Parties Judgment July 30, 2008. Result: The Rule is discharged. Cases Referred to- Fatema Khatun Vs. Faizal Mia, 21 B.L.D.(H.C) 14; Khurshid Ali and others Vs. Noorjahan Bewa and others, 15 B.L.D. (A.D) 82; Hazari Bala Sana and another Vs. Niron alias Niron..

Category: Property Law | Date: 30 Jul, 2008 | Hits: 2

State Vs. Metropolitan Police Commissioner, Khulna and others, 2008, 37 CLC (HCD)

.... paid compensation for her illegal arrest and detention, and why the compensation would not be directed to be paid from the personal funds of those found to have acted in violation of the laws of the land. 3. At the time of issuance of the Rule, direction was given to the Metropolitan Police Com......ommissioner, Khulna and others..............Respondents Judgment July 22, 2008. Result: The Rule is disposed of with observations. 1. It is the duty of this Court and all other Courts as well as the other state departments, functionaries and agencies dealing with children, to keep in......e is disposed of with observations. 1. It is the duty of this Court and all other Courts as well as the other state departments, functionaries and agencies dealing with children, to keep in mind that the best interests of the child (accused or otherwise) must be considered first and foremost in ...... is the duty of this Court and all other Courts as well as the other state departments, functionaries and agencies dealing with children, to keep in mind that the best interests of the child (accused or otherwise) must be considered first and foremost in dealing with all aspects concerning that chil..

Category: Women and Children | Date: 22 Jul, 2008 | Hits: 147

Kazi Salahuddin Vs. Kazi Badruzzahedin (Dabir) and others, 2008, 37 CLC (AD)

....ship. 6. It was further stated that Wakf Estate comprised of one Mosque on the 1st floor with one shop in the front and two godowns in the back on the ground floor standing on one katha of land. 7. The petitioner (respondent No.3 in the writ petition) arranged a few mutwallis of......e-on-Record-For Respondent No. 1. Not represented- Respondent Nos. 2-3. Civil Petition for Leave to Appeal No. 136 of 2008. (From the judgment and order dated 26.11.2007 passed by the High Court Division in Writ Petition No.5937 of 2003.) Judgment Md. A......rity and of no legal effect. 2. Late Kazi Khairuddin and his son Badruzzahedin Dabir filed the Writ Petition No. 5937 of 2007 as petitioner Nos. 1 and 2 respectively stating, inter alia, that Kazi Khairuddin was the Mutwalli of Khairuddin Kazi Wakf Estate situated at 102, Islampur, Kotw......din (Dabir) and others........Respondents Judgment July 22, 2008. Lawyers Involved: Kazi Abdul Khaleque, Advocate, instructed by Md. Nawab Ali, Advocate-on-Record-For the Petitioner. A. F. M. Meshbahuddin, Senior Advocate, instructed by Zahirul Isla..

Category: Trust/Waqf Law | Date: 22 Jul, 2008 | Hits: 166

Md. Abdul Jabber Biswas and others Vs. Aysha Khatoon and others, 2008, 37 CLC (HCD)

....on and Tenancy Act in the court of the learned Assistant Judge, Patuakhali for preemption. 3. The claim of the preemptors is in brief that they are co-shares by inheritance in the holding of the land under preemption. On the other hand the purchasers pre-emptees are strangers therein. The selle......009) 28. ...... (Civil Jurisdiction) Present: Md. Miftah Uddin Choudhury J Md. Abdul Jabber Biswas and others…………………Petitioners Vs. Aysha Khatoon and others…………………………&he......ip;……………Respondents Judgment July 21, 2008. Result: The rule is discharged. Lawyers Involved: Abdul Awal Meah with Chowdhury Nasima- For the Petitioners. Mozammel Hoque Bhuiyan with A. K. M. Salauddin Khan- For the Opposite Parti..

Category: Property Law | Date: 21 Jul, 2008 | Hits: 3

Md. Abdul Jabber Biswas Vs. Aysha Khatoon and others, 2008, 37 CLC (HCD)

....on and Tenancy Act in the court of the learned Assistant Judge, Patuakhali for preemption. 3. The claim of the preemptors is in brief that they are co-shares by inheritance in the holding of the land under preemption. On the other hand the purchasers pre-emptees are strangers therein. The selle......BLD (HCD) (2009) 28. ......nt: Md. Miftah Uddin Choudhury J Md. Abdul Jabber Biswas and others…………………………… Petitioners Vs. Aysha Khatoon and others…………………………&he......p;…………….Respondents Judgment July 21, 2008. Result: The rule is discharged. Lawyers Involved: Abdul Awal Meah with Chowdhury Nasima- For the Petitioners. Mozammel Hoque Bhuiyan with A. K. M. Salauddin Khan- For the Opposite Parti..

Category: Property Law, Tenancy Law | Date: 21 Jul, 2008 | Hits: 5

Reckitt Benckiser (Bangladesh) Ltd. Vs. Oram Limited, Sale Centre, 2008, 37 CLC (HCD)

....case of Punjab Ali Pramanik and others Vs. Mohd. Mokarram Hossain reported in 29 DLR (SC) 185. 13. Mr. Amirul Islam submitted that the Directors of the petitioner company being from India and England and it having no authority to change the directors or to dismiss and remove a director definite......lip;…………………………….Opposite Party Judgment July 13, 2008. Result: The Rule is made absolute. Case Referred to- Punjab Ali Pramanik and others Vs. Mohd. Mokarram Hossain, 29 DLR (SC) 185. ......se No.661 of 2007 should not be set aside and or pass such other or further order or orders as to this court may seem fit and proper. 2. Short facts, necessary for disposal of this revision are that a dispute having been arisen out of two agreements dated 30.10.1991 entered into between the pet...... Referred to- Punjab Ali Pramanik and others Vs. Mohd. Mokarram Hossain, 29 DLR (SC) 185. Lawyers Involved: Rafique-ul-Huq with Ahsanul Karim, Faheemul Huq and Khairul Alam Chowdhury- For the Petitioner. Amirul Islam with, Tania Amir and Anwar Patwary- For the Opposite Party. ..

Category: Alternative Dispute Resolution | Date: 13 Jul, 2008 | Hits: 18

Abdul Hannan Vs. State, 2008, 37 CLC (HCD)

....it is clear that, right of an accused to be defended by a lawyer in a case charged under section 302 of the Penal Code being punishable with death is an inalienable right guaranteed in the law of our land and if any trial takes place refusing such fundamental right, the trial is a misnomer and the j......ess of the extra-judicial confession………………………(42) Extra-judicial confession made before a person in authority cannot be relied upon as evidence without any independent corroboration………………&he......ith the rules of caution…………………..(46) Confession Before a confession can be accepted in evidence, it must be established by cogent evidence that what were the exact words used by the accused. Even if so much is established, prudence and just......llip;……....................Respondent Judgment June 29, 2008. Result: The Appeal is allowed. Extra-judicial confession Extra-judicial confession if not recorded in the own language of the accused raises doubt about the genuineness of the extra-judicial co..

Category: Evidence Law | Date: 29 Jun, 2008 | Hits: 175

Khairul Amin and others Vs. Md. Saidul Hoque & another, 2008, 37 CLC (HCD)

....e present petitioner as defendant and opposite party No.2 as perform defendant praying for redemption of mortgage alleging, inter alia, that the plaintiff being the owner and possessor of the suit land mortgaged the same on 1-3-2000 on the basis of a registered deed and delivered possession in f...... Ed. This Case is also Reported in: 61 DLR (HCD) (2009) 252. ......Assistant Judge, Sitakunda imp leading the predecessor of the present petitioner as defendant and opposite party No.2 as perform defendant praying for redemption of mortgage alleging, inter alia, that the plaintiff being the owner and possessor of the suit land mortgaged the same on 1-3-2000 on......…………………….Petitioners Vs. Md. Saidul Hoque & another.............Opposite Parties Judgment June 19, 2008. Result: The Rule is discharged without any order as to costs. Lawyers Involved: Saifur Rahman, Advocate — For the Petitioner. ..

Category: Evidence Law | Date: 19 Jun, 2008 | Hits: 8

City Bank Ltd. Vs. Artha Rin Adalat No.1 Dhaka and others, 2008, 37 CLC (HCD)

....uit No.470 of 2004. 2. Material fact relevant for disposal of this Rule is that the petitioner is a Public Company Ltd by shares and is engaged in the business of banking as per law of the land having its registered office at 10, Dilkusha C/A (Jiban Bima Tower), Dhaka. The petitioner-Ci......�………..Respondents Judgment June 17, 2008. Result: The Rule is discharged. Application of Article 102 of the Constitution against the judgment and decree passed by the Artha Rin Adalat An application under Article 102 of the Constitution does not ......) as contained in "Annexure-D and D-1" to the writ petition passed by the Artha Rin Adalat No.1, Dhaka in Artha Rin Suit No.470 of 2004. 2. Material fact relevant for disposal of this Rule is that the petitioner is a Public Company Ltd by shares and is engaged in the business of banking ......stitution against the judgment and decree passed by the Artha Rin Adalat An application under Article 102 of the Constitution does not lie against the judgment and decree whether ex parte or on contest passed by the Artha Rin Adalat since there being specific provision in the statute fo..

Category: Civil Law | Date: 17 Jun, 2008 | Hits: 7

Golam Md. Shiblee Vs. Second Labor Court, 2008, 37 CLC (HCD)

....(b) provides the offence of threat and in connection with the employer's business or property. Allegation brought against the respondent that he uprooted the bamboo plant 10/12 in number from his own land, which is situated in the Tea Estate for which Chowkidar Ganga Ram Robi Das reported the s......thout any order as to cost. Ed. This Case is also Reported in: 61 DLR (HCD) (2009) 49. ......2003 passed by respondent No. 1 in Complaint Case No. 14 of 2002 shall not be declared to have been passed without lawful authority and is of no legal effect. 2. The short facts of the case is, that the petitioner is the Manager of Jaghcharra Tea Estate, an establishment of the Consolidated Tea......al Original Jurisdiction) Present: Mir Hashmat Ali J SM Emdadul Hoque J Golam Md. Shiblee, Manager Jaghcharra Tea Estate ……………………Petitioner Vs. Second Labor Court ……………………..........................................Respondents Judgment..

Category: Labour and Industrial Law | Date: 17 Jun, 2008 | Hits: 30

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