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Dr. Mohiuddin Farooque Vs. Bangladesh, 1997, 26 CLC (AD)
....replica with local adaptations of a Constitution of the Westminster model among the Commonwealth countries of Anglo-Saxon legal tradition. This Constitution of ours is not the outcome of a negotiated settlement with a former colonial power. It was not drawn upon the consent, concurrence or approval ......The Full Court Judgment. (31) Article 102 Powers of High Court Division to issue certain orders and directions—Dimension of such powers— Article 102 of our Constitution is not an isolated island standing above or beyond the sea-level of the other provisions of the Constitution. It is a par..Category: Constitutional Law | Date: | Hits: 450
Siddiqur Rahman (Md) and others Vs. Profulla Bala Devi & others, 1998, 27 CLC (AD)
....porating the appellants’ name thereof plaintiffs in place of the deceased sole Munshi Abdul Khair Faraji. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 213. ...... file and number. They also prosecuted the ‘suit, which was ultimately decreed on contest on 27-12-87, declaring the plaintiffs’ title to and confirmation of possession in 2.12 acres of land. But the plaint of the suit was not formally amended incorporating the petitioners’ name..Category: Property Law | Date: | Hits: 88
Government of Bangladesh and another Vs. Mashiur Rahman and others, 1998, 27 CLC (AD)
....udge, 1st Court. Dhaka is allowed and Title Suit No.142 of 1986 is restored to its original file and number. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 205. ......ating, inter alia, that defendant No.1 Hanif Brothers, a partnership concern, and defendant No. 2. Mr. Abdur Rouf, its Managing Partner, as the owner of the suit property, measuring 15.5 Kathas of land and a building standing thereon, on plot No.49 Block No. CES(A). Gulshan Model Town, Dhaka, ha..Category: Property Law | Date: | Hits: 76
Akhteruzzaman Vs. Ali Amjad Khan and others, 1998, 27 CLC (AD)
....case to call for an interference. The petitions, therefore, merit no leave and are dismissed. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 199. ......nt No.3 in Title Suit Nos.18 and 19 of 1996 pending in the Second Court of Subordinate Judge, Munshiganj, Respondent No.1 brought the suits for enforcement of a contract for sale of 10.73 acres of land against its owner respondent No. 2 Shibajee Prasad Dam alias Shibu. Upon two applications for ..Category: Property Law | Date: | Hits: 87
Fazlul Karim Chowdhury and (Md) and others Vs. Lutfunnessa Begum and others, 1998, 27 CLC (AD)
....urthermore, the instant case does not involve any question of law of public importance. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 188. ......efendant Nos. 1 and 2 the Subordinate Judge made an interim order on 16 June, 1996 directing the parties to maintain status quo respect of possession of the disputed CS Plot 71 measuring 0.41 acre of land. The plaintiffs subsequently made another application praying for mandatory injunction upon def..Category: Property Law | Date: | Hits: 101
Sharashibala Sarkar and others Vs. Patani Sundari Dassaya and another, 1998, 27 CLC (AD)
....d above, we do not find any illegality in the impugned judgment. The petition is dismissed. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 171. ...... Principle of Hindu Law, Section 205 Learned judges of the High Court Division are correct in holding that in view of the provision of section 205 of the Hindu Law alienation of the suit land to the transferee is valid during the lifetime of the transferor and the same will not be bin..Category: Property Law | Date: | Hits: 61
Bangladesh Vs. Mahbubuddin Ahmed, 1998, 27 CLC (AD)
....against him at any time. For the reasons, however, this appeal is allowed without any order as to costs. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 154. ......against him at any time. For the reasons, however, this appeal is allowed without any order as to costs. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 154. ..Category: Administrative Law | Date: | Hits: 125
Bangladesh Railway and ors. Vs. Pranab Kumur Chakraborty and ors., 1996, 25 CLC (AD)
....wed without any order as to costs. The impugned judgment and decree passed by the High Court Division are set aside. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 150. ......espondent Judgment November 25, 1996. The Railways Act, 1890 (IX of 1890), Section 6(3) The Contract Act, 1872 (IX of 1872), Section 23 The suit land being the property of the Government the Railway Administration could not make any contract wi..Category: Administrative Law | Date: | Hits: 130
Sunil Chandra Mondal and others Vs. Narayan Chandra Shil & others, 1996, 25 CLC (AD)
.... High Court Division was far from justified in upholding the order of amendment. The appeal is, accordingly, allowed with cost. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 148. ......sion. 2. Material facts necessary for disposal of this appeal are that respondent No. 1 as plaintiff filed the aforesaid suit for a declaration of title and partition in respect of 0.80 acres of land as mentioned in the schedule to the plaint. The appellants as defendant Nos. 45-47 also prayed ..Category: Procedural Law | Date: | Hits: 149
Shahidullah (Md) Vs. Abdus Sobhan Talukder and others, 1996, 25 CLC (AD)
....id order was void, illegal and without lawful authority with the averments, inter alia, that the suit land belonged to Haji Faser Ali Waqf Estate and the plaintiffs are the owners of the suit land by settlement, purchase, transfer etc. after auction sale. One of the defendants filed an application u......gment Mustafa Kamal J.- The Administrator of Waqfs applied to the Deputy Commissioner Barisal 27-8-89 under section 64(1) of the Waqfs Ordinance seeking eviction of the plaintiffs from the suit land which led the plaintiff to file Title Suit No. 142 of 1989 in the 1st Court of Subordinate Judg..Category: Property Law | Date: | Hits: 91
Ali Akbar (Md) Vs. Government of Bangladesh and others, 1996, 25 CLC (AD)
....shery known as Kamraghop Bed Fishery which is situated on SA plot No. 1448 of Mouza Athukura within police station Baniachang of Habiganj district. The petitioner’s father and 13 others took settlement of the said fishery from Kali Prashad Chakraborty and others, ex-landlords of Nayasarak,......f Mouza Athukura within police station Baniachang of Habiganj district. The petitioner’s father and 13 others took settlement of the said fishery from Kali Prashad Chakraborty and others, ex-landlords of Nayasarak, Sylhet. On the death of his father the petitioner became an owner thereof a..Category: Property Law | Date: | Hits: 90
Showkat Hossain Akanda Chowdhury Vs. State, 1997, 26 CLC (AD)
....The order of conviction is therefore set aside. The petition is disposed of in the above terms. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 128. ...... Hossain added with taking away of old and ailing Sabirul Hossain Chowdhury by him for treatment on 4-10-80 and subsequent registration of the partition deed on 7-10-80 containing the very same land alleged to have been gifted under the disputed deeds in the saham of Sabirul Hossain Chowdhur..Category: Criminal Law | Date: | Hits: 92
Khandoker Saiful Islam Vs. State, 1997, 26 CLC (AD)
....o other point has been urged. We do not find any ground for interference. The petition is dismissed. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 126. ...... prosecution case is on 31-5-87 at about 7-00 AM the informant PW 1 Badshah Miah along with deceased Kadem All, his brother PW 12 Saheb Miah and others went to cut jute plants in the decretal land of PW 1 being plot No.31 to the south-west of his house. At this time the accused-petitioner ..Category: Criminal Law | Date: | Hits: 96
Altaf Hossain Vs. State, 1997, 26 CLC (AD)
....nd order are set aside. Let the appellant be released forthwith if not wanted in any other case. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 120. ......e manner alleged by the prosecution, deceased Hyder Ali was a dacoit and he might have been killed by some unknown enemies while committing dacoity on Dhaka-Aricha Road near a place called Company land. He was taken to the near-by house of Feroz in an injured condition and given first aid. There..Category: Criminal Law | Date: | Hits: 104
Subash Chandra Das & ors Vs. Bangladesh, 1994, 23 CLC (AD)
....in that behalf to determine as to whether the proceeding stood abated under section 12. For the reasons, the petition is dismissed. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 106.......for review of the judgment and order dated 1 November 1993 allowing Civil Appeal No. 20 of 1993. 2. The petitioners filed Writ Petition No. 343 of 1987 challenging the acquisition of 2068 acres of land appertaining to CS Plot Nos. 29 and 30 of Khatian Nos. 4512 and 4514 respectively situated to t..Category: Property Law | Date: | Hits: 89
Chalna Marine Products Ltd. Vs. Reliance Insurance Ltd. and others, 1997, 28 CLC (AD)
.... displaces the discretion of the court conferred under section 34 of the Code of Civil Procedure of granting decree for interest. As per section 47B(1) the insurer is saddled with interest on late settlement of claim. Sub-section 2 of section 47B reads as follows: "The interest......e judgment and decree of the trial Court is restored. Civil Petition for Leave to Appeal No.236 of 1997 is dismissed. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 100. ..Category: Business or Commercial Law | Date: | Hits: 147
Shahabuddin (Md) & others Vs. Habibur Rahman and others, 1996, 25 CLC (AD)
....he reliefs prayed in the suit, the plaint cannot be rejected as prayed for. This petition is, accordingly, dismissed. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 99. ...... defendants for rejection of the plaint of Title Suit No. 308 of 1994. 2. Respondent No.1 brought the said suit against several defendants praying for declaration of tile to certain land and also for recovery of khas possession therein. 3. Some of the defendants who..Category: Property Law | Date: | Hits: 52
Fatema Bibi Vs. Sree Manik. Lal Somaddar & others, 1995, 24 CLC (AD)
....ity of the application for pre-emption the same calls for no interference. These petitions are dismissed. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 97. ...... Khatian No. 185, whereas the respondents were co-sharers by purchase in that holding. Hence, it was rightly held that the pre-emptor had no locus standi to file the pre-emption case in respect of land of SA Khatin No.185. In both khatians plot No. 991 is a common plot, but pre-emptor being not ..Category: Property Law | Date: | Hits: 51
Abul Hossain Mollah alias Abu Mollah Vs. State, 1997, 26 CLC (AD)
....rgone and remitting the sentence of fine. Let the appellant be set at liberty forthwith if not wanted in any other connection. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 96. ......e allegation, inter alia, that on 16 April, 1967 he had fabricated and forged a Kabala, being No. 1342 and got the same registered at the Sub-Registry Office at Mohammadpur in respect of 230 acres of land belonging to Rabindra Nath Roy and others and by using the said forged document he got his name..Category: Anti-Corruption Laws | Date: | Hits: 71
Golam Moula and others Vs. Gourpada Das and others, 1997, 26 CLC (AD)
.... on consideration of the facts and circumstances of the case and the evidence on record, held that the decree in Title Suit No. 59 of 1962 was not binding on the plaintiff as Nimai Chand had taken settlement of the disputed land from Pagal Rishi by virtue of the registered patta Exhibit-1, that ......appeal arose out of a suit, Title Suit No. 689 of 1976, brought by the first respondent in the Third Court of Munsif, Jessore, for declaration of title to and confirmation of possession in certain land. The case of the plaintiff briefly, is that the land in suit belonged to one Pagal Rishi. Nima..Category: Property Law | Date: | Hits: 49
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