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Tofail Ahmed Vs. Chairman, Anti-Corruption Commission and others, 2010, 39 CLC (HCD)
....es of any investigation, inquiry, trial or other proceeding under this Code by or before such Court or officer, such Court may issue a summons, or such officer a written order, to the person in whose possession or power such document or thing is believed to be, requiring him to attend and produce it......copy of this judgment be immediately transmitted to the respondent No.1 for information and necessary action. Ed. This Case is also Reported in: 62 DLR (HCD) (2010) 33; 15 MLR (HCD) (2010) 177. ...... respondent No.1 for information and necessary action. Ed. This Case is also Reported in: 62 DLR (HCD) (2010) 33; 15 MLR (HCD) (2010) 177. ......utahar Hossain, Advocates - For the Petitioner. Md. Khurshid Alam Khan, Advocate - For Respondent No.1. Writ Petition Nos. 2094, 2095 of 2002. Judgment Moyeenul Islam Chnwdhury J.- As the questions of laws and facts involved in Writ Petition Nos. 2094 of 2002 and 2095 of 2002 are virtual..Category: Anti-Corruption Laws | Date: | Hits: 200
Mahabub Alam Faruq (Md.) and another Vs. Bangladesh, 2009, 38 CLC (HCD)
....nts are further directed to inform this Court about the compliance thereof within 45 days from the date of the receipt of this judgment. Ed. This Case is also Reported in: 62 DLR (HCD) (2010) 31.......not be directed to mutate the names of the petitioners in the records of right by opening a separate Khatian in their names and to receive rents from the petitioners for .06 (point Zero Six) acres of land of CS khatian No.71 CS Plot No.971 SA plot No.274A Hal plot No.3389 of Mouza Gouripur, police S......isional Jurisdiction) Present: Shahidul lslan J Syeda Afsar Jahan J Mahabub Alam Faruq (Md.) and another……………….Petitioners Vs. Bangladesh, represented by the Secretary, Ministry of Land and others..........Respondents. Judgment August 17, 2009. Lawyers Involved......nts are further directed to inform this Court about the compliance thereof within 45 days from the date of the receipt of this judgment. Ed. This Case is also Reported in: 62 DLR (HCD) (2010) 31...Category: Property Law | Date: | Hits: 69
Saroj Kumar Sarker and others Vs. Manoj Kumar Sarkar, 2007, 36 CLC (HCD)
.... Manikgonj is withdrawn and transferred 1othis Court for hearing along with the First Appeal No.15 of 1988 analogously. Communicate. Ed. This Case is also Reported in: 62 DLR (HCD) (2010) 25....... alias Moinal Sarker filed Partition Suit No.64 of 1986 in the Court of the Subordinate Judge, First Court, Manikgonj claiming a share therein stating that Monoj Kumar Sarker, a co-sharer in the suit land, has left for India and his share has become enemy property and the property requires partition......ioners. Not represented- the Opposite Party. Civil Miscellaneous Case No. 8 of 2004. Judgment Siddiqur Rahman Miah J.- This application under section 24 of the Code of Civil Procedure originates out of First Appeal No.15 of 1988 which also arises from Partition Suit No.64 of 1986 before ......it to a District Court. 15. We receive support of the above view in the case of Ayesha Vs. Daleep A 1961 Raj 186 and in the case of Geyer Vs. GA 1949 L 34. 16. Where two suits arise from common questions of law and both suits should be tried at same place and by same Judge and where properties..Category: Property Law | Date: | Hits: 68
Akbar Khan (Md.) Vs. Anti-Corruption Commission and others, 2010, 39 CLC (HCD)
....ngs, the Rule is made absolute without any order as to costs. Let a copy of this judgment be communicated to the Chairman of the ACC. Ed. This Case is also Reported in: 62 DLR (HCD) (2010) 20.......ngs, the Rule is made absolute without any order as to costs. Let a copy of this judgment be communicated to the Chairman of the ACC. Ed. This Case is also Reported in: 62 DLR (HCD) (2010) 20.......osts. Let a copy of this judgment be communicated to the Chairman of the ACC. Ed. This Case is also Reported in: 62 DLR (HCD) (2010) 20.......ngs, the Rule is made absolute without any order as to costs. Let a copy of this judgment be communicated to the Chairman of the ACC. Ed. This Case is also Reported in: 62 DLR (HCD) (2010) 20...Category: Anti-Corruption Laws | Date: | Hits: 154
....andlord got a rent decree against the said tenant for arrear of rents in respect of CS Khatian No. 330, put the decree in execution and auction purchased the lands of this Khatian and got delivery of possession thereof on 2.2.30. The said landlord got a decree in a title suit against the said tenant......) and 2 respectively, passed under the Tenancy Rules, 1955 during the preparation and revision of record‑of‑rights under section 144 of the State Acquisition and Tenancy Act in respect of certain lands of mouza Uttarkhan within PS Tejgaon of the district of Dhaka.
2. Four plots of land bearin......n. The rule is accordingly discharged, butt them will be no order as to costs.
Ed.
This Case is also Reported in: 45 DLR (HCD) (1993) 289.
......udgment
Mohammad Gholam Rabbani J.- This application under Article 102 of the Constitution by the petitioner, the Capital Co‑operative Housing Society Ltd., represented by its Chairman, calls in question two judgments and orders as at Annexures O and N of the two Revenue Officers, respondent No..
Category: Property Law | Date: | Hits: 125
Bangladesh Road Transport Corporation Vs. Ashraf Jute Mills Ltd., 1991, 20 CLC (HCD)
....ser) to show cause as to why the sale of properties of M/s Ashraf Jute Mills Ltd. in‑liquidation dated 17.1.90 should not be cancelled and or set aside and why they shall not be directed to deliver possession of all the properties, both movable and immovable, of Ashraf Jute Mills Ltd. (In Liquidat......he present case. It is not disputed that the Jute Mill was sold to the purchaser for a sum of Tk. 6,04,65,000.00 by BSRS. It is submitted that this Jute Mill is situated over an area of 135 bighas of land at Kanchon Industrial Zone, Narayanganj near the River Sitalakhya. This Jute Mill has got 65 br......he claims of the creditors in accordance with law with the permission of this Court. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 282. ...... and 168 of the Companies Act and relying upon the aforesaid decisions as referred to above by Mr. Rafique‑Ul‑Huq, it appears to me that the proceeding taken by BSRS for sale of the properties in question is neither a suit nor other legal proceeding as contemplated under section 171 of the Compa..Category: Company Law | Date: | Hits: 193
Nowazullah and another Vs. Waz Khatun & another, 1990, 19 CLC (HCD)
....d from the defendant on several occasions but having failed in their attempt plaintiff No.1 filed the Case No.31/73‑74 before the Circle Officer (Revenue), Patiya under PO No.88 of 1972 for getting possession for the suit land but the plaintiffs having failed to get any relief they were compelled .......17 of 1975. 2. The plaintiffs filed Other Suit No.17 of 1975 against the defendant for reconveyance of kabala in their favour on the allegations, inter alia, that the plaintiff No.1 sold the suit land by two registered kabalas dated 1.2.68 and 2.2.68 followed by two registered deeds of agreement......1947 Allhabad 411; Faizul Hoque Vs. Noor Meah, 12 DLR 770; Ahsanullah Chowilhury Vs. Haji Abdul Jabbar Chowdhury, 9 DLR 543. Lawyers Lawyers: M Fazlul Karim ‑ For the Petitioners. Shahabuddin Faiz and Maqbul Ahmed Advocates ‑ For the Opposite Parties. Civil Revision No.1027 of 1982. ......y of reconveyance. So the Court of appeal below was wholly wrong to reverse that finding without ordering for examining the signatures by handwriting expert and by himself comparing the signatures in question and reversing the finding of the trial Court on an erroneous view of the facts and circumst..Category: Property Law | Date: | Hits: 57
State Vs. Giasuddin and 5 others, 1990, 19 CLC (HCD)
....issue bad blood was created between the parties. Suruj and Chan Mia also were possessing a land for a pretty long time. Matbar Ali also laid his claim to title to that land and tried to take forcible possession thereof. His brother (P.W.1's brother) resisted the same. Out of grudge and enmity the ac......ho married the sister of accused Tenu married another girl for the second time about two years back. On this issue bad blood was created between the parties. Suruj and Chan Mia also were possessing a land for a pretty long time. Matbar Ali also laid his claim to title to that land and tried to take ...... is altered to that of under section 304‑Part‑1 from sections 302/149 of Penal Code. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 267....... of 50/60 yards from them and they had 8/9 guns in their hands. He could not say if any other accused were armed with any sort of weapon or not. It is stated that the place of occurrence, 'Bichra' in question, is about 150 cubits in length and 100 to 110 cubits in breadth stretching from, north to s..Category: Criminal Law | Date: | Hits: 111
Tofazzal Hossain Chowdhury Vs. Mir Amanullah & others, 1992, 21 CLC (HCD)
....ordance with law. Let a copy of the judgment and order be transmitted to the Court below immediately. The order of stay stands vacated. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 263.......ordance with law. Let a copy of the judgment and order be transmitted to the Court below immediately. The order of stay stands vacated. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 263.......d order be transmitted to the Court below immediately. The order of stay stands vacated. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 263.......18, wherein it has been observed by their Lordships as follows: "When exercising this jurisdiction (under section 561A CrPC) the High Court would not embark upon an enquiry whether the evidence in question is reliable or not. This is the function of the trial Magistrate and it might so happen tha..Category: Criminal Law | Date: | Hits: 88
....stant Judge, Sadar, Sylhet in Title Suit No.241 of 1989 refusing plaintiffs prayer for temporary injunction.
2. The facts involved in case, in short, are that the plaintiff, Abdul Motlib, was in possession of the suit land by constructing homestead and residing therein with his family for the l......het in Title Suit No.241 of 1989 refusing plaintiffs prayer for temporary injunction.
2. The facts involved in case, in short, are that the plaintiff, Abdul Motlib, was in possession of the suit land by constructing homestead and residing therein with his family for the last 51/52 years on the ......wed without any order as to costs.
Ed.
This Case is also Reported in: VIII ADC (2011) 302.......rder of Trial Court is liable to be restored and accordingly restored.
Accordingly, the appeal is allowed without any order as to costs.
Ed.
This Case is also Reported in: VIII ADC (2011) 302...
Category: Property Law | Date: | Hits: 65
Md. Farid Hossain and others Vs. Md. Abul Hossain and another, 2009, 38 CLC (AD)
.... properties in favour of the defendants and to avoid misunderstanding and undue litigation between the children the plaintiff made two separate deeds of gift in the year 1986. The defendants are in possession of the schedule properties since 1983 and defendant No.7 took water connection from WASA ......me and has been regularly paying water bills to WASA. The plaintiff himself in consultation with the defendants has made the above deeds of gift. The plaintiff has already delivered possession of the lands described in the schedule of the deeds of gift to all of his sons, daughters and 2nd wife. It ......d without any order as to costs. Ed. This Case is also Reported in: VIII ADC (2011) 297. ......the Additional Assistant Judge allowed the application of petitioner transposing her as plaintiff from the category of defendant for effectually and completely to adjudicate upon and settle all the question involved in the suit which caused no failure of justice to the defendant-respondent; that..Category: Property Law | Date: | Hits: 65
Salma Parveen Vs. Md. Amir Hossain and others, 2009, 38 CLC (AD)
....xecuting and registering the sale deed in favour of the plaintiff and as such, a legal notice was issued to the defendant which was replied to; agreement was not denied; that the defendant gave possession of the property in schedule to the plaintiff at the time of execution of the agreement an......00.00 to the Creative Properties Ltd. the later resiled from the contract for selling the flat to the defendant No.1, as the defendants have failed to make payment out of the sale proceed of the suit land. Thus, unless sufficient materials are before the Court in the form of pleadings and evidence......d without any order as to costs. Ed. This Case is also Reported in: VIII ADC (2011) 293. ......w to the specific pleading by the defendant No.1-appellant in paragraph 11 of her written statement that the trial Court erred in law in failing to frame appropriate issue of fact for determining the question of fact raised by the defendant No.1-appellant causing miscarriage of justice and as such..Category: Property Law | Date: | Hits: 112
....ivision, we do not find any merit in the appeals of the appellant and accordingly the appeal is dismissed without any order as to cost.
Ed.
This Case is also Reported in: VIII ADC (2011) 240.
......ivision, we do not find any merit in the appeals of the appellant and accordingly the appeal is dismissed without any order as to cost.
Ed.
This Case is also Reported in: VIII ADC (2011) 240.
......rdingly the appeal is dismissed without any order as to cost.
Ed.
This Case is also Reported in: VIII ADC (2011) 240.
....... Ramawami and A.M. Grover, reported in AIR SC 488 regarding the phrase is a contract arising out of a contract or incorporation with the contract it was held that-
"the Test of determining the question is to whether recourse to the contract by which both the parties are bound is necessary for..
Category: Civil Law | Date: | Hits: 78
Shambhu Nath Saha & others Vs. State, 1989, 18 CLC (HCD)
....orded as such in the Holding Register of the Municipal Corporation. By 5 registered deeds of sale dated 25.2.78, the aforesaid holdings were transferred to informant Alfazuddin and his 4 brothers and possession of the same was delivered to them. Accused petitioner No. 1 Shambhu Nath Saha was running......s therefore, discharged. The learned Additional Metropolitan Magistrate is directed to dispose of the case as expeditiously as possible. Ed. This Case is also Reported in: 43 DLR (1991) 660. ......onal Metropolitan Magistrate is directed to dispose of the case as expeditiously as possible. Ed. This Case is also Reported in: 43 DLR (1991) 660. ......Section 195(i) Cr.P.C. it appears that the words" documents produced or given in evidence" contemplate the original documents alleged to be forged and not a certified copy of the same. If document in question is not produced in Court, but a certified copy of the same is produced and marked as Exhibi..Category: Criminal Law | Date: | Hits: 83
Kumudini Hospital Vs. Kumudini Hospital Karmachari Union & others., 1977, 6 CLC (HCD)
....4 and 625 of 1974 are made absolute and the Rule in Petition No. 306 of 1976 is hereby discharged. There will be no orders as to costs. Ed. This Case is also Reported in: 43 DLR (1991) 655. ......4 and 625 of 1974 are made absolute and the Rule in Petition No. 306 of 1976 is hereby discharged. There will be no orders as to costs. Ed. This Case is also Reported in: 43 DLR (1991) 655. ......tition No. 306 of 1976 is hereby discharged. There will be no orders as to costs. Ed. This Case is also Reported in: 43 DLR (1991) 655. ......1976). Writ petition Nos. 625 of 1974 with 624 of 1974, 102 of 1974 and 306 of 1976. Judgment Badrul Haider Chowdhury J. - These four Writ petitions have been heard analogously as the common question of law and fact is involved challenging certain decisions of the Labour Court and Appellate..Category: Labour and Industrial Law | Date: | Hits: 123
Badsha (Md.) Miah and others Vs. Soleman Nessa Bibi and others, 1988, 17 CLC (HCD)
....63 affirming those passed by Mr. Q Sharafat Ali, Munsif 2nd Court, Jessore, in Title Suit No. 23 of 1961. 2. The appellants filed the above suit for declaration of their title and recovery of khas possession in 6.21 acres of land as detailed in the schedules to the plaint. 3. The plaintiffs ca...... Mr. Q Sharafat Ali, Munsif 2nd Court, Jessore, in Title Suit No. 23 of 1961. 2. The appellants filed the above suit for declaration of their title and recovery of khas possession in 6.21 acres of land as detailed in the schedules to the plaint. 3. The plaintiffs case is that Madhu Mondal and ...... 34 DLR (AD) 29; 15 DLR at page 188; 21 DLR (SC) 448, 35 DLR (AD) 216, 37 DLR (AD) 205; 38 DLR (AD) 201 (232); 21 DLR (SC), at page 450; 19 DLR 176; 36 DLR at page 81. Lawyers Involved: Nizamuddin Haider, ABM Golam Majid and Kazi Shamsuzzaman, Advocates ‑ For the Appellants. Muhammad Abdu...... of the land in law reverted to the khas possession of the landlords. Thus, it cannot be said that the plaintiff failed to prove the khas possession of the suit land by Chatterjee landlords. The next question is whether Chatterjee landlords possessed the land in khas after the second surrender. As d..Category: Property Law | Date: | Hits: 70
Refazuddin Mondal Vs. Abdul Razzaque @ Rezaul Karim & others, 1989, 18 CLC (HCD)
.... for any interference. In the result, the Rule is discharged without any order as to costs. Send down the lower Court's record at once. Ed. This Case is also Reported in: 43 DLR (1991) 644....... the pre‑emptee kabala purchaser in the Court of Subordinate Judge, Pabna, alleging, inter alia, that he was a co‑sharer by purchase in the disputed holding and is accordingly entitled to get the land in dispute by way of pre‑emption. Thereafter, he deposited consideration money together with ......Court's record at once. Ed. This Case is also Reported in: 43 DLR (1991) 644.......ed: M A Mazid, Advocate ‑ For the Petitioner. S M Amin Azaher, Advocate ‑ For the Opposite Parties. Civil Revision No. 11 of 1985. Judgment Syed Fazle Ahmed J. - This Rule calls in question the legality and propriety of the judgment and order dated 29.11.84 passed by the learned S..Category: Property Law | Date: | Hits: 68
Tenu Miah and others Vs. The State, 1990, 19 CLC (HCD)
....ssue bad blood was created between the parties. Suruj and Chand Mia also were possessing a land for a pretty long time. Matbar Ali also laid his claim to title to that land and tried to take forcible possession thereof. His brother (PW 1's brother) resisted the same. Out of grudge and enmity the acc......o married the sister of accused Tenu married another girl for the second time about two years back. On this issue bad blood was created between the parties. Suruj and Chand Mia also were possessing a land for a pretty long time. Matbar Ali also laid his claim to title to that land and tried to take ...... is altered to that of under section 304‑Part‑ 1 from sections 302/149 of the Penal Code. Ed. This Case is also Reported in: 43 DLR (1991) 633. ...... of 50/60 yards from them and they had 8/9 guns in their hands. He could not say if any other accused were armed with any sort of weapon or not. It is stated that the place of occurrence, 'Bichra' in question, is about 150 cubits in length and 100 to 110 cubits in breath stretching from north to sou..Category: Criminal Law | Date: | Hits: 68
Hameeda Banu Vs. AFM Naziruddin, 1990, 19 CLC (HCD)
....’ to the plaint from her mother by way of gift, that on the request of the respondent the appellant permitted him to construct a dwelling house of permanent nature in the suit land and gave him the possession of the land in July, 1967, that the respondent acting on her permission got a plan sancti......tuted the suit on 29.8.80 praying for two declarations simpliciter as follows: "That a decree be passed declaring that the plaintiff is the irrevocable licencee of the defendant in the A' schedule land and that he is the real and absolute. owner of the dwelling house of three‑storied building a......the appeal as well as in the suit. Ed. This Case is also Reported in: 43 DLR (1991) 623. ......Judge was wrong in presuming that Ext. 1 is a licence to the respondent for construction of the suit building on the suit land granted by the appellant. Since we held that Ext. 1 is not a licence the question of its admissibility in evidence does not arise. 18. Now coming to the main contention o..Category: Property Law | Date: | Hits: 110
Haji Md. Ishaque and others Vs. Rupali Bank, 1990, 19 CLC (HCD)
....s amalgamated with the defendant No. 1, Rupali Bank; that the plaintiffs purchased the suit property from the defendant Nos. 7,8, 10 and 11 by 8 sale deeds dated 10 6.77, 5.9.77 and 6.9.77 and are in possession thereof from the date of agreement for sale in part performance of the contract; that a p......operty but there is a statement to the effect that the defendant No. 1 has been possessing a portion of the suit property as monthly tenant and possession of a monthly tenant is the possession of the landlord plaintiffs and as such the plaintiffs were not required to pray for recovery of possession ...... costs to the defendant respondent No. 1. Ed. This Case is also Reported in: 43 DLR (1991) 621. ......uit and the Court below rightly rejected the plaint. In the result the appeal is dismissed with costs to the defendant respondent No. 1. Ed. This Case is also Reported in: 43 DLR (1991) 621. ..Category: Procedural Law | Date: | Hits: 67
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