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Jamshed Ali and others. Vs. Azman Ali, 2008, 37 CLC (AD)
.... to the extent of 20 decimals in S.A. Plot No. 1669 to defendant No.1 Jamshed Ali, who is full brother of the answering defendants on the basis of the registered kabala dated 18.11.1970 and delivered possession to the purchaser and defendants have been in possession of the suit land as part and parc...... 284 of 1979 impleading the petitioners as contesting defendants and opposite party Nos. 7-26 as added defendants praying for a decree for declaration of their easement right of pathway over the suit land for long and for permanent injunction restraining the defendants from interfering with their ri......egal infirmity in the impugned judgment. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: ......urt Division considered all aspects of this mater and we do not find any legal infirmity in the impugned judgment. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: ..Category: Property Law | Date: | Hits: 69
Government of Bangladesh and others. Vs. Bokul Mia and others, 2009, 38 CLC (AD)
.... land and thereupon requiring body requested the Deputy Commissioner, Dhaka to resolve the contention of the owners of the land acquired, that the writ respondent No.2, i.e., requiring body took over possession of the acquired land on 9th January, 2001 without paying compensation in respect of the a......rt Division in writ Petition No. 6024 of 2004 making the Rule absolute. 2. The writ petition was filed seeking direction on the Deputy Commissioner, Dhaka for paying compensation in respect of the land owned by the writ petitioners and acquired in L.A. Case No. 15 of 1999-2000. The High Court Div......ty in the impugned judgment of the High Court Division. The appeal is dismissed. Ed. This Case is also Reported in: ......ion by the High Court Division is thus liable to be set aside and the further submission that the High Court Division in summary proceeding under Article 02 of the Constitution decided the disputed question of facts regarding making of award for compensation which is not possible and having bar un..Category: Property Law | Date: | Hits: 80
M/s. Golden Biscuit Co. Vs. AL‑Haj Rafique Mia and another, 1993, 22 CLC (HCD)
....lowed and the petitioner be permitted to make a deposit of his rent in favour of the landlords. There shall be no order as to costs. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 181.......Civil Revision No.674 of 1990 with Civil Revision No.675 of 1990. Judgment Bimalendu Bikash Roy Choudhury J.- These two rules arising out of common facts present a common question on the law of landlord and tenant. In order to make the question clear it is necessary to make a brief statement o......nd Md. Abdul Khaleque, Advocates ‑ For the Opposite Party. Civil Revision No.674 of 1990 with Civil Revision No.675 of 1990. Judgment Bimalendu Bikash Roy Choudhury J.- These two rules arising out of common facts present a common question on the law of landlord and tenant. In order to mak......the Opposite Party. Civil Revision No.674 of 1990 with Civil Revision No.675 of 1990. Judgment Bimalendu Bikash Roy Choudhury J.- These two rules arising out of common facts present a common question on the law of landlord and tenant. In order to make the question clear it is necessary to m..Category: Property Law | Date: | Hits: 78
Farid Karim Vs. State, 1992, 21 CLC (HCD)
....order of rejection of the Reference be also communicated to the Superintendent, Rajshahi Central Jail for information and compliance. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 171. ......order of rejection of the Reference be also communicated to the Superintendent, Rajshahi Central Jail for information and compliance. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 171. ......municated to the Superintendent, Rajshahi Central Jail for information and compliance. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 171. ......ated, mouth congested but intact. Stomach full of rice but normal. Liver, spleen normal. The cause of death in his opinion was stranguilation which was ante mortem and homicidal in nature". 9. The question, therefore, arises as to whether appear No.765 of 1987. An appeal was also filed the death..Category: Criminal Law | Date: | Hits: 84
Ali Ahmed Malaker @ Kunai @ Malaker & others Vs. The State, 1990, 19 CLC (HCD)
....llants are found not guilty to the charge levelled against them and they be set at liberty forthwith if not wanted in any other connection. Ed. This Case is also Reported in: 43 DLR (1991) 401. ......r of that locality and that they left the country and on their departure the property was made Khash by the Government as an abandoned property. The informant along with others took settlement of the land of Paul Choudhury. The accused party claiming them to be Borgadar of Paul Choudhury's land trie......lled against them and they be set at liberty forthwith if not wanted in any other connection. Ed. This Case is also Reported in: 43 DLR (1991) 401. ......vidence must be borne in mind. In such case there is always a danger that conjecture or surmise may take place of legal proof. Where there is no direct evidence and circumstantial evidence answer the question essential to the proof of offence only vaguely and indefinitely and not incompatible with t..Category: Criminal Law | Date: | Hits: 67
Giasuddin Ahmed and others vs. Bangladesh and others, 2010, 39 CLC (HCD)
....cate the judgment and order to respondent No.2 and 6 at once. Ms. Naima Haider J. - I agree. Ed. This Case is also Reported in: 31 BLD (HCD) (2011) 405; 64 DLR (HCD) (2012) 314. ......an Tk. 1 lac crore, if the proper assessment is made of the properties such as Telephone Exchanges, Wireless materials, office and residential buildings situated from capital to Upazila level and the landed property located all over Bangladesh and as such, in order have a correct assessment a high p...... once. Ms. Naima Haider J. - I agree. Ed. This Case is also Reported in: 31 BLD (HCD) (2011) 405; 64 DLR (HCD) (2012) 314. ......ther that as the impugned law has been enacted as per law, it does not violate Article 31 of the Constitution and in addition, these petitioners were not transferred to BTCL as lien or deputation, so question of requirement of previous sanction of the government or the authorities does not arise. It..Category: Constitutional Law | Date: | Hits: 145
Md. Mosharraf Hossain & 2 others Vs. State, 2011, 40 CLC (HCD)
.... Send down the Lower Court Records, along with a copy of this judgment and order, at once. Md. Emdadul Haque Azad J. - I agree. Ed. This Case is also Reported in: 31 BLD (HCD) (2011) 445. ...... Send down the Lower Court Records, along with a copy of this judgment and order, at once. Md. Emdadul Haque Azad J. - I agree. Ed. This Case is also Reported in: 31 BLD (HCD) (2011) 445. ......h a copy of this judgment and order, at once. Md. Emdadul Haque Azad J. - I agree. Ed. This Case is also Reported in: 31 BLD (HCD) (2011) 445. ......cord, has rightly passed the impugned judgment and order of conviction and sentence and there is no reason to interfere with the same and as such the appeal is liable to be dismissed. 7. The real question that calls for determination in this appeal is whether the impugned judgment and order of c..Category: Criminal Law | Date: | Hits: 69
Sk. Abul Qasem and others Vs. Mayez uddin Mondal and others, 1992, 21 CLC (HCD)
....i against the defendant No.1 and the present petitioners as defendant Nos. 2 and 3 for specific performance of a contract of sale of the suit property. She stated in her plaint that she had gone into possession over the suit property after the execution of the bainapatra dated 25.2.87 by the defenda......rder of stay granted earlier by this Court is hereby vacated. Let a copy of this order be transmitted to the court below immediately. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 169. ......h Court Division (Civil Revisional Jurisdiction) Present: ARM Amirul Islam Chowdhury J Muhammad Ansar Ali J Sk. Abul Qasem and others....................Petitioner Vs. Mayez uddin Mondal and others........................Opposite Parties Judgment January 15, 1992. Cas......ned Advocate appearing for the defendant petitioners, seriously challenged the impugned order of rejection and submitted that the genuineness of the sale deeds executed by the defendant No.1 has been questioned in the plaint as well as in some other applications of the plaintiff opposite party, so i..Category: Procedural Law | Date: | Hits: 84
Arshad Ali Vs. Momtaz Ali and another, 1991, 20 CLC (HCD)
.... No.510 of 1981 on 1.9.81 against the defendant‑opposite party and another for ejectment of the principal defendant‑opposite party No.1 from a portion of the suit premises in which he had been in possession for a long time as a licensee of co‑defendant‑opposite party No.2. it is the case of ......our daughters. The original owner sold the suit‑holding by kabala dated 20.6.42 to one Hiran Prava Sarker and Lakshmi Bala Debi and while in possession they defaulted in payment of rents. Hence the landlord instituted a suit against them and obtained a rent decree in 1949 and the said decree was p......r Ali J Arshad Ali……………………Petitioner Vs. Momtaz Ali and another................. Opposite Party Judgment December 9, 1991. Cases Referred To- Ganeshmal Vs. Kesorain Cotton Mills Ltd., 55 CWN page 349 (355) Lawyers Involved: SR Karmaker, Advocate ‑ For th...... ‑ For the Petitioner. No one ‑ For the Opposite Party. Civil Revision No.102 of 1986. Judgment Muhammad Ansar Ali J.- This Rule at the instance of the plaintiff-petitioner calls in question the judgment and order dated 19.12.85 passed by Mr. TK Rudra, Senior Munsif, Sadar, Mymensi..Category: Procedural Law | Date: | Hits: 94
Chittagong Textile Mills Ltd. Vs. Chairman, Labour Court, Chittagong and another, 1992, 21 CLC (HCD)
.... In the result, the Rule is made absolute with the above modification in the order of dismissal. There will be no order as to costs. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 159. ...... In the result, the Rule is made absolute with the above modification in the order of dismissal. There will be no order as to costs. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 159. ......ve modification in the order of dismissal. There will be no order as to costs. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 159. ......ender the whole order illegal and that the order would not be valid with respect to the subsequent period. We may quote the relevant portion of the judgment which reads thus: "In this connection a question no doubt arises as to whether an order of dismissal which is bad in the circumstances discu..Category: Labour and Industrial Law | Date: | Hits: 120
Moyezuddin Mondal Vs. Bena Rani Das & others, 1992, 21 CLC (HCD)
.... on 28.12.88 contending, inter alia, that they are the real purchasers of the suit property by two different kabalas dated 29.6.88 for a valuable consideration from the defendant No.1 and they are in possession of the suit property but the tenants being in collusion with the plaintiff are not paying...... said documents by the plaintiff and from the certified copy of the firisti we find that in all 13 documents in original along with 13 photo copies of the same relating to payment of municipal taxes, land taxes, etc. paid by the defendant No.1 Nihar Bala and also relating to SA khatian and RS khatia......is also Reported in: 45 DLR (HCD) (1993) 154. ......itute the present suit; defendant No.1 since dead, during her life‑time filed a written statement on 18.9.88 to contest the suit contending, inter alia, that she decided to sell out the property in question to defendant Nos. 2 and 3 after obtaining necessary stamps from the treasury and ultimately..Category: Procedural Law | Date: | Hits: 76
Mansur Ali (Md.) Vs. Janata Bank and others, 1990, 19 CLC (HCD)
.... of the learned Munsif does not call for interference at this stage. In the result, the rule is discharged without any order as to cost. Ed. This Case is also Reported in: 43 DLR (1991) 394. ...... of the learned Munsif does not call for interference at this stage. In the result, the rule is discharged without any order as to cost. Ed. This Case is also Reported in: 43 DLR (1991) 394. ......Insurance Co. Ltd. and another Vs. The Gwalior Transport Ltd. and another, AIR 1975 (Karnatak) 200; Fazle Karim Khan Vs. Naderuzzaman and other, 10 DLR (1958) 632; Arts Council of Pakistan Vs. Raizuddin Pirzada, PLD (Karachi) 1969 P 349; Charles S Brown Vs. Albert Donugh Hanson, AIR 1933 (Bom) 185; ......move the petition was not the High Court but the District Judge. The next cited case is the case of Arts Council of Pakistan Vs. Raizuddin Pirzada reported in PLD (Karachi) 1969 P 349 wherein similar question arose and it was decided that the appeal could be filed in the District Court against the i..Category: Administrative Law | Date: | Hits: 189
...., PS Gulshan, Dhaka now detained in Dhaka Central Jail be at once released from custody if not wanted in connection with any‑other case.
Ed.
This Case is also Reported in: 43 DLR (1991) 372.
......, PS Gulshan, Dhaka now detained in Dhaka Central Jail be at once released from custody if not wanted in connection with any‑other case.
Ed.
This Case is also Reported in: 43 DLR (1991) 372.
...... be at once released from custody if not wanted in connection with any‑other case.
Ed.
This Case is also Reported in: 43 DLR (1991) 372.
......hat the person in detention is not so hold either without lawful authority or in an unlawful manner and interpreted the phases stating that the expression “without lawful authority" comprehends all questions of the competency or the vires of an enactment, that is, there must be a competent law emp..
Category: Constitutional Law | Date: | Hits: 178
Silver Estate Ltd. Vs. Abdul Hakim Mia and others, 1991, 20 CLC (HCD)
....t dated 13.3.1973 transferred the suit plot to M/s. Hakim Humayun and Company represented by its proprietor, Abdul Hakim Miah, defendant No. 1 by a registered sale deed dated 27.6.73 with delivery of possession to the said transferee; thereafter the defendant No. 1 constructed a one storied building...... No. 4 used to reside at the village home and the defendant No. 2 started a business at 31, Bangshi Bazar, Dhaka for selling brass etc; that with the income of that business defendant No. 2 purchased land at Kadam Bagchar (Shyampur) and started metal works under the name of M/s. Vikrampur Jahangir M......LD 1947 PC 407; 521 C 971 AIR 1926; Mad 579, AIR 1961 Raj 196; AIR 1943 Mad 497; AIR 1973 SC 2457; Madduria Chelly Vs. Babu Saheb, 52 IC 971; AIR 26 Mad 597; AIR 1961 Raj 196 and AIR 1973 SC 2457; Govinda Vs. Apathsahaya, AIR 1915 Mad 305; Nowab Meah Vs. Ezazuddin Ahmed, 13 DLR 554; Administrator of......fic performance of contract since under the provision of Section 41 Transfer of Property Act an ostensible owner can sell the property and that will not affect interest of the defendant No. 2 and the question whether defendant No. 1 was benamdar or real owner could be decided subsequently between th..Category: Civil Law | Date: | Hits: 92
Md. Abul Hashem alias Bachhu Vs. Abdul Latif, 2009, 38 CLC (HCD)
....Noakhali against the opposite parties and others for the declaration of their right and title in the suit land described in the schedule of the plaint stating, inter alia, that they are the owners in possession of the suit land by way of settlement from the original zamindar upon executing a registe....... The petitioner as plaintiff brought Title suit No.370 of 1982 in the Court of first Munsif, Noakhali against the opposite parties and others for the declaration of their right and title in the suit land described in the schedule of the plaint stating, inter alia, that they are the owners in posses......05. ......rder 9 Rule 13 of the Code of Civil Procedure are set aside and the ex parte decree dated 29.12.1982 is upheld. Ed. This Case is also Reported in: 31 BLD (HCD) (2011) 441, 8LG (2011) HCD 305. ..Category: Property Law | Date: | Hits: 82
Anika Ali Vs. Rezwanul Ahsan, 2011, 40 CLC (AD)
....on. This petition is dismissed with the above observations without, however, any order as to costs. Ed. This Case is also Reported in: 17 BLC (AD) (2012) 77, 17 MLR (AD) (2012) 49. ......on. This petition is dismissed with the above observations without, however, any order as to costs. Ed. This Case is also Reported in: 17 BLC (AD) (2012) 77, 17 MLR (AD) (2012) 49. ......rder as to costs. Ed. This Case is also Reported in: 17 BLC (AD) (2012) 77, 17 MLR (AD) (2012) 49. ......ng is more paramount, not even the rights of the parties under the rules of personal law or statutory provisions, than the welfare of the children which must be the determining factor in deciding the question of custody of children whether in a proceeding in the nature of habeas corpus or in a proce..Category: Family Law | Date: | Hits: 327
Government of Bangladesh and others Vs. Md. Mustafizur Rahman Kanchan, 2011, 40 CLC (AD)
....d lease for an area measuring 137.06 acres for a period of five years at 30% enhanced rent. The writ-petitioner paid all the due monies and the lease deed was executed for the period 1411-1415 BS and possession was handed over on 27.06.2004. The writ-petitioner found that almost 44 acres of the fish......eration of the judgment and order dated 08.04.2010 passed by the High Court Division in Writ Petition No.1086 of 2009 be stayed till disposal of the appeal. Ed. This Case is also Reported in: ......ion in Writ Petition No.1086 of 2009 be stayed till disposal of the appeal. Ed. This Case is also Reported in: ......e said fishery for the years 1416-1418 BS. Hence, the writ-petitioner filed the writ-petition being No.1086 of 2009. 4. Respondents No.1-4 filed affidavit-in-opposition stating that the fishery in question was a closed fishery and was leased out to the petitioner for the period of 1411 to 1415 BS..Category: Fiscal/Taxation Law | Date: | Hits: 96
Bera Pourashava and another Vs. Government of Bangladesh and others, 2011, 40 CLC (AD)
....gment and order dated 11.05.2005 passed by the High Court Division in respect of Writ Petition Nos.5036 of 2002 and 3007 of 2003 are hereby set aside. Ed. This Case is also Reported in: ......gment and order dated 11.05.2005 passed by the High Court Division in respect of Writ Petition Nos.5036 of 2002 and 3007 of 2003 are hereby set aside. Ed. This Case is also Reported in: ...... Writ Petition Nos.5036 of 2002 and 3007 of 2003 are hereby set aside. Ed. This Case is also Reported in: ......gment and order dated 11.05.2005 passed by the High Court Division in respect of Writ Petition Nos.5036 of 2002 and 3007 of 2003 are hereby set aside. Ed. This Case is also Reported in: ..Category: Election Law | Date: | Hits: 152
Government of Bangladesh and another Vs. Lutfun Nessa and others, 2010, 39 CLC (AD)
....at 'Ka' schedule property was leased out with one Faizul Huque and after his death to his wife Amina Hoque. As the lessee violated the terms of lease, the deed was cancelled and the Government took possession of the 'Ka' schedule property and thereafter it was leased out to the defendant Nos.3-5. ......98 for permanent injunction disclosing about the existence of deeds mentioned in schedule 'Kha' to the plaint. Mona Mohan Mondal or his sons Adhor Chand and Amor Chand were not the owners of the suit lands. They never possessed the same and therefore the deeds executed by Adhor Chand and Amor Chand ...... Ed. This Case is also Reported in: 16 MLR (AD) (2011) 141, VIII ADC (2011) 189. ......n the submissions of the learned Counsel for the petitioners. Accordingly, the petitions are dismissed. Ed. This Case is also Reported in: 16 MLR (AD) (2011) 141, VIII ADC (2011) 189. ..Category: Property Law | Date: | Hits: 93
Bangladesh Vs. Md. Abdul Alim and others, 2010, 39 CLC (AD)
.... and the respondents within 2(two) weeks thereafter to make the appeals ready. The appeals are fixed for hearing on 22nd February, 2011. Ed. This Case is also Reported in: VIII ADC (2011) 185....... and the respondents within 2(two) weeks thereafter to make the appeals ready. The appeals are fixed for hearing on 22nd February, 2011. Ed. This Case is also Reported in: VIII ADC (2011) 185.......r hearing on 22nd February, 2011. Ed. This Case is also Reported in: VIII ADC (2011) 185.......authority to appoint and dismiss the respondents. Mr. Mahmudul Islam finally contended that the respondents were required to comply with the order of the Election Commission and as such, there was no question of waiver in sitting for MCQ examination, ordered by the Election Commission. 6. We have..Category: Administrative Law | Date: | Hits: 188
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