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Md. Sharifullah Vs. State, 2011, 40 CLC (HCD)
.... him be discharged from the bail bond. Send down the lower Court records with a copy of this judgment immediately. Gobinda Chardra Tagore J. - I agree. Ed. This Case is also Reported in: ......life and to pay a fine of Tk. 5,000/-, in default to suffer simple imprisonment for a further period of 1 (one) year. 2. The prosecution case, in brief, is that the informant had dispute regarding land property with his cousins (চাচাতো à¦à¦¾à¦‡). That cousin used to threaten the info......down the lower Court records with a copy of this judgment immediately. Gobinda Chardra Tagore J. - I agree. Ed. This Case is also Reported in: ......peration must be a very major operation, where large number of ribs were broken and as per medical report Haemopneumothorax was caused. At this condition whether the patient could speak it is a vital question. 25. We have already mentioned that the defence categorically gave suggestion to the pro..Category: Criminal Law | Date: | Hits: 73
Rajdhani Unnayan Kartipakkhya and others Vs. Dr. AK Shamsul Islam & others, 2003, 32 CLC (AD)
....No.1 and on payment of the entire consideration of the plot a 99 years lease deed was executed and registered on 30-8-1988 by the petiÂtioners in favour of the respondents who were given delivery of possession earlier on 18-5-1987. A layÂout plan of Sector No. 9 was designed and drawn by the petit......ication under Article 102 of the Constitution stating, inter alia, that the respondents were allotted a residential plot in Road No. 3 being plot No.23 measuring 3 kathas 4 chataks and 25 sq. feet of land in sector No.9 of the Uttara Residential Model Town on 3-8-1984 by the petitioner No.1 and on p......delay are far from satisfactory. These petitions are dismissed. Ed. This Case is also Reported in: 63 DLR (AD) (2011) 129. ...... "Improvement Scheme" of the Improvement Act. 1953 as they do not enjoin the appellants to maintain the original layout plan and that as no master plan is infringed by the impugned drawing here is no question of estoppel against the appellants in respect of reÂdrawing of lay out plan. This division..Category: Property Law | Date: | Hits: 92
Bangladesh Vs. Anisur Rahman and another, 2011, 40 CLC (AD)
....ease being No.3788 was executed on 28.09.1987 and posÂsession of the land having been duly delivered and the remaining 10 kathas of land having been allotted to "Dainik Janakantha" on 16.02.1999 and possession of the land having been handed over upon payment of lease money of Tk.11,1.05.5000/- on 1......hakha-6/52-1/81/29 dated 12.01.1992, issued by the respondent No.3 to the predecessor of the petitioners and also seeking direction to the respondents to execute the lease deed in respect of bigha of land of plot No.346 in Tejgaon Industrial Area, Dhaka. Rule was issued in that writ petition and not......e respondent shall file the concise statement positively. Ed. This Case is also Reported in: VIII ADC (2011) 383. ......e in the writ petition. But no affidavit-in-opposition was filed which clearly indiÂcates that the writ respondents have no controversy with the assertions made by the writ petitioner. Therefore the question of error on the face of the record and disÂcovery of any other evidence on important matte..Category: Property Law | Date: | Hits: 85
Abdus Salam Vs. Hafez Ahmed and others, 2011, 40 CLC (AD)
....he present petiÂtioners, as plaintiffs, instituted Other Suit No.150 of 1986 before the Court of Assistant Judge, Satkania against the presÂent respondents for declaration of title, confirmation of possession and also for perpetual injunction in respect of 1.3875 acres of land out of 1.85 acres in......86 before the Court of Assistant Judge, Satkania against the presÂent respondents for declaration of title, confirmation of possession and also for perpetual injunction in respect of 1.3875 acres of land out of 1.85 acres in 12 annas share which was fully described in the schedule to the plaint. Th......ected to maintain status-quo till disposal of the appeal. Ed. This Case is also Reported in: VIII ADC (2011) 370.......h. Preparation of paper book is dispensed vim as prayed for. Parties are directed to maintain status-quo till disposal of the appeal. Ed. This Case is also Reported in: VIII ADC (2011) 370...Category: Property Law | Date: | Hits: 77
Chairman, BCIC Vs. Anis U Ahmed Tussan, 2011, 40 CLC (AD)
....Court Division rightly dismissed the appeal. In the circumstances this petition for leave to appeal is dismissed. Ed. This Case is also Reported in: 16 BLC (AD) (2011) 93, IX ADC (2012) 181. ......Court Division rightly dismissed the appeal. In the circumstances this petition for leave to appeal is dismissed. Ed. This Case is also Reported in: 16 BLC (AD) (2011) 93, IX ADC (2012) 181. ......n for leave to appeal is dismissed. Ed. This Case is also Reported in: 16 BLC (AD) (2011) 93, IX ADC (2012) 181. ......he contested in the arbitration proceeding raising some other grounds; but as the award went against the petitioner and became of the Court, he filed the appeal in the High Court Division raising the question of legality of the appointment of sole arbitrator for the first time-which is not acceptabl..Category: Alternative Dispute Resolution | Date: | Hits: 182
Mohammad Mahbubur Rahman Vs. G.M Mostafa and another, 2011, 40 CLC (AD)
....and order dated 05.03.2003 in Writ Petition No. 6928 of 2004 against instant Petitioners and others for not releasing the property from the "Ka" List (SLNo.10) of Abandoned Buildings and to hand over possession of the property to the responÂdent. 11. It has been revealed from the record of the p...... 28.02.2010 passed by the High Court Division in Contempt Petition No. 156 of 2009 and 83 of 2009 be stayed till disposal of the appeals. Ed. This Case is also Reported in: VIII ADC (2011) 361. ......ed till disposal of the appeals. Ed. This Case is also Reported in: VIII ADC (2011) 361. ......s awaiting report of the enquiry commission. The High Court Division rejected the application in absence of the Senior Counsel without giving any adjournment and directed to hand over the property in question. Because of the vacaÂtion of the court and disruption of work owing to recurrent failure o..Category: Others | Date: | Hits: 118
Md. Ashraful Islam Vs. State, 2009, 38 CLC (AD)
.... to consider the subÂmissions the learned Counsel for the appellant that "in order to maintain impugned conviction and sentence under the above provision it is essential for the prosecution to prove possession of more than 25 grams of heroine. But, according to him, in the instant case, there is no......stance in the submissions of the learned Counsel for the appellant. Accordingly, the appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: VIII ADC (2011) 354. ......sel for the appellant. Accordingly, the appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: VIII ADC (2011) 354. ......ahbub Hossain, learned Counsel, appearing for the appelÂlant has strenuously submitted that the trial Court and the High Court Division also failed to consider that unless the quantity of heroine in question is ascerÂtained by a report of Chemical Examiner, the conviction under Section 19(1) Table..Category: Criminal Law | Date: | Hits: 80
Zakir Hossain and another Vs. Md. Yousuf Kabir and another, 2011, 40 CLC (AD)
....rty and by a registered heba-bil-ewaj deed dated 29.11.1979, he transferred the same in favour of the plaintiffs. Thus the plainÂtiffs being the 16 annas owners of the suit property were in peaceful possession thereof. Defendants created forged papers and tried to take possession of the suit proper......uit No.59 of 1994 and Money Suit No. 2 of 2002 both in the Court of the Subordinate Judge (Joint District Judge) Second Court, Dhaka. Title Suit No.59 of 1994 was for declaration of title to the suit land and for a further declaration that the plaintiffs were not bound by the judgment and decree dat...... stayed till disposal of the appeal. Ed. This Case is also Reported in: VIII ADC (2011) 344....... of the court of Joint District Judge, 2nd Court, Dhaka both arising out of Title Suit No.59 of 1994 be stayed till disposal of the appeal. Ed. This Case is also Reported in: VIII ADC (2011) 344...Category: Property Law | Date: | Hits: 72
Public Service Commission Vs. Mohammad Sohel Rana and others, 2010, 39 CLC (AD)
....t Division. The judgment of the High Court Division is accordingly set aside. These petitions are disposed of with the above observation. Ed. This Case is also Reported in: VIII ADC (2011) 332. ......t Division. The judgment of the High Court Division is accordingly set aside. These petitions are disposed of with the above observation. Ed. This Case is also Reported in: VIII ADC (2011) 332. ......ed of with the above observation. Ed. This Case is also Reported in: VIII ADC (2011) 332. ......had legitimate expectation of being appointed to their respective posts, that as the earlier Division Bench of the High Court Division which maintained the impugned Notification did not consider some questions involved in the matter they are unable to agree with the views taken by them, that the PSC..Category: Constitutional Law | Date: | Hits: 247
....oceed with the construction on the aforesaid drain‑passage further.
The rule is, accordingly, made absolute. No order as to costs.
Ed.
This Case is also Reported in: 45 DLR (HCD) (1993) 331.......s approached the different authorities. The Chairman, Chittagong Development Authority wrote a DO letter to the Respondent 1 requesting not to take further step for construction of road over the said land of Chittagong Development Authority Avenue. As even after the said letter nothing was done to s......ssage further.
The rule is, accordingly, made absolute. No order as to costs.
Ed.
This Case is also Reported in: 45 DLR (HCD) (1993) 331.......nder Article 98 of the 1962 Constitution of the then Pakistan. The High Court dismissed the petition leading to filing an appeal to the Supreme Court. In the Supreme Court the Respondent 2 raised the question of locus standi of the appellant to maintain the petition under Article 98 of the said Cons..
Category: Property Law | Date: | Hits: 58
Alauddin (Md.) and others Vs. Yusuf Ali and another, 1993, 22 CLC (HCD)
....tle Suit No. 470 of 1984 against the defendant petitioners for permanent injunction restraining the defendant petitioners from entering into the suit land and from disturbing the plaintiff's peaceful possession of the same. The suit land belonged to Gulapjan Bibi who sold the same to the plaintiff o......re that the plaintiff opposing party instituted Title Suit No. 470 of 1984 against the defendant petitioners for permanent injunction restraining the defendant petitioners from entering into the suit land and from disturbing the plaintiff's peaceful possession of the same. The suit land belonged to ......ate this order at once. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 328. ......he plaintiff opposite party from the suit land. Hence the suit for permanent injunction. 3. The defendant petitioners' case is that the said Gulapjan Bibi is their phupu (aunt) and the property in question is an ejmali property belonging to their phupu, Golapjan Bibi and their father. The defenda..Category: Property Law | Date: | Hits: 101
Nasirul Islam Vs. Bangladesh and others, 2011, 40 CLC (HCD)
....f a certificate issued in favour of Bangladesh Shilpa Bank, Pabna branch under section 33(7) of the Artha Rin Adalat Ain, 2003. 2. Petitioner’s case, in short, is that he was the lawful owner-in-possession of .06 acres of land appertaining to Khatian No.746, Plot No.105 at Muza East Eash Dair u......avour of Bangladesh Shilpa Bank, Pabna branch under section 33(7) of the Artha Rin Adalat Ain, 2003. 2. Petitioner’s case, in short, is that he was the lawful owner-in-possession of .06 acres of land appertaining to Khatian No.746, Plot No.105 at Muza East Eash Dair under Fatulla Police Station......en annexed with the writ petition substituting photocopies thereof. Nazmun Ara Sultana J.- I agree. Ed. This Case is also Reported in: ......kh Atiar Rahman, Advocate-For the Petitioners. Md. Mozibur Rahman Miah, Advocate-For the Respondent. Writ Petition No. 3888 of 2008. Judgment Md. Ruhul Quddus J.-This Rule Nisi was issued questioning the legality of an auction notice published in the Daily Janakanta on 9.5.2008 for sale ..Category: Civil Law | Date: | Hits: 85
Bangladesh Hastashilpa Samabaya Federation Ltd. Vs. Bangladesh, 1992, 21 CLC (HCD)
....eping respondent No.5 as Chairman is declared to have been made without lawful authority. There will, however, be no order as to costs. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 324.......eping respondent No.5 as Chairman is declared to have been made without lawful authority. There will, however, be no order as to costs. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 324.......een made without lawful authority. There will, however, be no order as to costs. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 324.......rieved due to the order passed if it is found to be unauthorised. 11. About the representation of the petitioner by Mrs. Rowshan Akhtar which is highly disputed we will not enter into any disputed question of facts with regard to the post of Chairperson of the said Federation as we will not decid..Category: Others | Date: | Hits: 136
Chand Miah Talukder Vs. Chairman, Court of Settlement, 1993, 22 CLC (HCD)
....e said property from said Nazir Ahmed and entered into an agreement on 12.3.74 and paid Tk. 10,000.00 as advance out of total consideration of Tk. 25,000.00 and in pursuance of the said agreement got possession of the said property. As Nazir Ahmed did not execute the sale deed, the petitioner filed ......bove after giving reasonable opportunity to the parties concerned of being heard and also adducing evidence, both oral and documentary. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 304....... concerned of being heard and also adducing evidence, both oral and documentary. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 304.......bove after giving reasonable opportunity to the parties concerned of being heard and also adducing evidence, both oral and documentary. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 304...Category: Procedural Law | Date: | Hits: 59
....ircumstances of the case cannot be treated and enlisted as abandoned property within the meaning of PO No.16 of 1972. Therefore, it is excluded from the list of abandoned property and restored to the possession of the petitioner Khairunnessa irrespective of the actions so far taken by the Govt. in r......s the Court of Settlement in case No.422/87 (Ka‑126‑Sutrapur, Dhaka, by its judgment dated 19.9.88 declared that Khairunnessa is the rightful Bangladeshi owner of the said house property with the land and the property in question in the facts and circumstances of the case cannot be treated and e......of 1987.
On the grounds stated above the application is summarily rejected.
Ed.
This Case is also Reported in: 45 DLR (HCD) (1993) 301.
...... in case No.422/87 (Ka‑126‑Sutrapur, Dhaka, by its judgment dated 19.9.88 declared that Khairunnessa is the rightful Bangladeshi owner of the said house property with the land and the property in question in the facts and circumstances of the case cannot be treated and enlisted as abandoned prop..
Category: Property Law | Date: | Hits: 86
Fazlu Molla and others Vs. Shamsul Hoque Molla, 1993, 22 CLC (HCD)
....e of their other land as consideration of that solenama within a month from the date of compromise. Further case of the plaintiff is, that the plaintiffs of Title Suit No.179 of 1965 took delivery of possession of the said 1.04 acres of land from the present plaintiff but they did not execute and re......la and his wife and that suit was decreed in terms of the petition of compromise or solenama. That solenama provided that the present plaintiff relinquished his claim in respect of 1.04 acres of suit land of that Title Suit No.179 of 1965 and plaintiffs of that suit agreed to execute and register a ......nd others.......................Appellants Vs. Shamsul Hoque Molla…………………….Respondent Judgment March 11, 1993. Cases Referred To- Rani Hemanta Kumari Vs. Midnapur Zamindari Co. Ltd., 24 CWN 177 (PC); Md. ldris Mia Vs. Abdul Motaleb, 17 DLR 599. Lawyers Involved: ......ed in Title Suit No.179 of 1965 is a nullity as the same was obtained by practising fraud upon the Court and further held that the suit is not maintainable in its present form. 6. Fraud is a mixed question of fact and law. Court of appeal below on consideration of the evidence came to the finding..Category: Property Law | Date: | Hits: 88
Mohammad Abdus Sabur Vs. Agrani Bank, 2011, 40 CLC (HCD)
....at the time of issuing the Rule is vacated. Let a copy of the judgment be communicated to the concerned executing Court. Nazmun Ara Sultana J.- I agree. Ed. This Case is also Reported in: ......at the time of issuing the Rule is vacated. Let a copy of the judgment be communicated to the concerned executing Court. Nazmun Ara Sultana J.- I agree. Ed. This Case is also Reported in: ......py of the judgment be communicated to the concerned executing Court. Nazmun Ara Sultana J.- I agree. Ed. This Case is also Reported in: ......, Advocate-For the Respondent. Writ Petition No. 4980 of 2006. Judgment Md. Ruhul Quddus J. - This Rule Nisi, at the instance of a judgment debtor in a mortgage decree, was issued calling in question order dated 30.5.2005 passed in Artha Rin Execution Case No. 741 of 2003 pending in Artha R..Category: Civil Law | Date: | Hits: 84
.... lawful authority and the same are of no legal effect.
In the result, both the Rules are made without however any order as to costs.
Ed.
This Case is also Reported in: 45 DLR (HCD) (1993) 292....... lawful authority and the same are of no legal effect.
In the result, both the Rules are made without however any order as to costs.
Ed.
This Case is also Reported in: 45 DLR (HCD) (1993) 292.......out however any order as to costs.
Ed.
This Case is also Reported in: 45 DLR (HCD) (1993) 292.......inable under Article 102 of the Constitution. He further submits that the petition is not in representative character, rather forty (40) applicants have jointly filed this application in which common question of law and facts are involved. All of them are examinees and appeared from the same centre,..
Category: Others | Date: | Hits: 153
Buddhi Sankar Biswas Vs. Akbar Ali Sheikh, 1991, 20 CLC (HCD)
....de of Civil Procedure for rehearing of the Civil Revision Case No.1181 of 1980 is hereby rejected without any order as to costs. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 242. ......itioner as plaintiff brought Title Suit No.339 of 1970 in the Court of Munsif, First Court, Kushtia against the present opposite parties as defendants for specific performance of contract of the suit land by way of reconveyance. The learned Munsif decreed the suit on contest by his judgment and decr......€¦â€¦â€¦â€¦â€¦Petitioner Vs. Akbar Ali Sheikh……………………Opposite Party Judgment August 11, 1991. Cases Referred To- Punjab Ali Pramanik and others Vs. Md. Mokarram Hossain, 29 DLR (SC) 185; Mayajan Bibi Vs. Monohar Ali, 39 DLR 68; Arjun Singh Vs. Monindra Kumar, AIR 19......ter was pending before it." 11. The learned Counsel has referred the case of A. Ramamurthi lyer and others Vs. TA Moemakshi Sundarammal and another, reported in AIR 1945 (Madras) 103. wherein this question regarding the exercise of the power under section 115 CPC arose and Byers J. held: "The ..Category: Property Law | Date: | Hits: 90
Umme Hani Begum and others Vs. Ram Gopal Sarker and others, 2008, 37 CLC (HCD)
....e and not acted upon contending, inter alia, that the suit land belonged to the defendant Nos. 5-7 who transferred the same by an unregistered deed of gift in 1964 in favour of the plaintiff, who got possession in the suit land through his mother. That deed could not be registered due to legal bar i......istered kabala deed dated 16-4-1969 executed by the defendant Nos. 5-7 in favour of the predecessor of the defendant Nos.1-4 to be inoperative and not acted upon contending, inter alia, that the suit land belonged to the defendant Nos. 5-7 who transferred the same by an unregistered deed of gift in ...... down the lower Court's record immediately. Ed. This Case is also Reported in: 62 DLR (HCD) (2010) 17. ......le Suit No.344 of 1994 decreeing the suit is set aside. The suit stands dismissed. Send down the lower Court's record immediately. Ed. This Case is also Reported in: 62 DLR (HCD) (2010) 17. ..Category: Property Law | Date: | Hits: 74
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