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Captain (Md) Lutfar Rahman Vs. Md. Abu Taher and others, 2000, 29 CLC (HCD)
.... RS Khatian. One Abdus Sobahan purchased the Case land and other lands from the rightful owners by registered kabala dated 10-2-1939 and owned possessed the same. Thereafter Abdus Sobhan died leaving son Abdus Samad, daughter Arora Khatun and wife Nasua Khatun to succeed him. Subsequently, Nasua Kha......d Advocate appearing for the appellant submits that having regard to the fact that the kabalas under pre-emption were executed on 20-7-1991 without containing any recital for re-conveyance and the so-called unregistered deeds of agreement for re-conveyance having not being executed on 20-7-1991 to b......92 of the 2nd Court of Subordinate Judge, Chittagong for pre-emption is allowed. Send down the lower Courts records immediately. Ed. This Case is also Reported in: 53 DLR (2001) 193. ......il Miscellaneous Jurisdiction) Present: Gour Gopal Saha J Sikder Maqbul Huq J Captain (Md) Lutfar Rahman……………………Appellant Vs. Md. Abu Taher and others………………….Respondents Judgment October 31, 2000. Cas..Category: Property Law | Date: | Hits: 22
Ismail (Md) Vs. Motasim Ali Chowdhury, 2000, 29 CLC (HCD)
....an application under Order 26 rule 9 of the Code of Civil Procedure. 2. The decision proposed to be given in this Civil Revision Petition does not demand a detailed recounting of facts except that sole opposite party No.1 of this Civil Revision petition as sole plaintiff laid a suit being Title s......n 23-5-1999 stands vacated. Having regard to the fact and circumstances of the case I direct the parties to bear their respective costs. Ed. This Case is also Reported in: 53 DLR (2001) 190. ...... The certified copy of the judgment dated 13th January 1993 recorded by the High Court Division had been placed before me. On Perusal of the judgment I find that the High Court Division directed the trial Court to conclude trial within 3(three) months from the receipt of the order of the court. ...... Chowdhury………………….Opposite Party Judgment April 20, 2000. Lawyers Involved: Md. Waliur Reza Chowdhury, Advocate—For the Petitioner. Md. Hannan with Md. Mainul Islam and AB Showkat Ali, Advocates—For the Opposite Party. Civil Revision No.1579 of 1999. Judgme..Category: Property Law | Date: | Hits: 27
Abul Kashem Vs. Executive Engineer & others, 2000, 29 CLC (HCD)
....ation in the name of the plaintiff in respect of property mentioned in the schedule to the plaint and all actions taken on such petition in the said mutation case by defendant No. 2 are illegal and also for declaration of title in respect of the schedule property. The plaintiff is alleged to have ac......ged and the Affidavit was sworn fraudulently in the name of defendant opposite party No. 3, Golam Sattar. It is also asserted that the defendants opposite party Nos. 3-5 had no knowledge about the so-called compromise and by practicing fraud the applications for compromise were presented before this......therwise ready. The Learned Advocates either for the petitioner or for the opposite parties mention the matters for fixing a date of hearing. Ed. This Case is also Reported in: 53 DLR (2001)186. ......……Petitioner Vs. Executive Engineer & others……………Opposite Parties Judgment January 26, 2000. Lawyers Involved: Syed Ziaul Karim, with Md Salauddin Talukder and Syeda Maimuna Begum, Advocates—for the Petitioner. A Hasib with MA Tariq, Advocates—for t..Category: Property Law | Date: | Hits: 21
....summarily. In recording dismissal of the appeal on rejecting the petition under section 5 of the Limitation Act, learned District Judge took into account all facts and circumstances of the Case and also considered submission and the authorities relied upon by learned Advocates in support of their co......pplication under section 5 of the Limitation Act had been presented for condonation of the said delay.
6. Learned District Judge by his order No.2 dated 1-2-1999 admitted the appeal provisionally, called for the record, issued notice upon respondents and stayed operation of the judgment and decre......
6. Learned District Judge by his order No.2 dated 1-2-1999 admitted the appeal provisionally, called for the record, issued notice upon respondents and stayed operation of the judgment and decree of trial Judge. Learned District Judge by order No.4 dated 14-2-1999 directed the parties to maintain s......ands vacated.
Ed.
This Case is also Reported in: 53 DLR (2001) 183...
Category: Limitation Law | Date: | Hits: 152
Dr SKM Joynal Abedin Vs. Bangladesh, 2010, 39 CLC (AD)
....ff instituted the lawsuit on the following averments: 6. The plaintiff is a citizen of Bangladesh and a Consultant, Orthopedic Surgeon a Trauma Centre at Shymoli, Dhaka. 7. The Government as lesson transferred a compact piece of land within the boundaries numbered as Plot No. 61 at Road No. 4,......n to get the order of injunction and rightly rejected the same. We find no substance in this petition which is accordingly dismissed. Ed. This Case is also Reported in: 15 BLC (AD) (2010) 143.......and also prayed for a temporary injunction under Order XXXIX, rules 1 and 2 of the Code of Civil Procedure restraining the defendants from evicting the petitioner from the suit property. 17. The trial Court rejected the application and on appeal the High Court Division also dismissed the appe......in J BK Das J ABM Khairul Haque J MM Hossain J SK Sinha J Dr. SKM Joynal Abedin…................Petitioner Vs. Bangladesh represented by the Secretary, Ministry of Housing and Public Works and others………….Respondents Judgment February 9, 2010. Lawyers In..Category: Property Law | Date: | Hits: 44
Anti-Corruption Commission and others Vs. Md. Obaidul Karim and others, 2010, 39 CLC (AD)
....l PS Case No. 2(2) of 2007, corresponding to Anti-Corruption Commission GR No. 11/2007, convicting the respondent herein under section 409 of the Penal Code and sentencing him to suffer rigorous imprisonment for life and also to pay a fine of taka 6,70,00,000 (Six crore and seventy lacs) only, in ......1 is directed to surrender before the trial Court forthwith, if not already done. In the result, the leave petition is dismissed. Ed. This Case is also Reported in: 15 BLC (AD) (2010) 159. ......ule is discharged. 5. We hope that the High Court Division shall not repeat the same kind of error in future. 6. Under the circumstances, the respondent No.1 is directed to surrender before the trial Court forthwith, if not already done. In the result, the leave petition is dismissed. E......010) 159. ..Category: Anti-Corruption Laws | Date: | Hits: 266
Md. Mozaffer Rahman and other Vs. Government of Bangladesh and another, 2010, 39 CLC (AD)
.... the suit land in favour of one Darkanath Dev and others but for arrears of rents ex-landlord has taken back the land in his khas possession from the aforesaid tenants. On 27.11.1951 B.S. the predecessor of the plaintiff namely Kalimuddin Mondal took pattan of the suit land as described in schedule ......the above, we find no substance in the submissions of the learned Counsel for the petitioners. Accordingly, the petition is dismissed. This Case is also Reported in: 15 MLR (AD) (2010) 170. ......l below committed an error of law in holding that the plaintiff had miserably failed to establish its right and title in the suit land which is contrary to the evidence. 5. It appears that the trial Court as well as the Court of Appeal below on consideration of the evidence, both oral and doc......so Reported in: 15 MLR (AD) (2010) 170. ..Category: Property Law | Date: | Hits: 28
Sree Jibon Sharma Vs. Sreemoti Subasini Sharma and another, 2010, 39 CLC (AD)
....nce, 1985. 3. The defendant contested the suit by filing written statement denying all the material allegations contending that the suit was not maintainable, it was barred by limitation and also barred by the provisions of waiver, estoppels and acquiescence. He stated that he was forced to...... the above, we find no substance in the submissions of the learned Counsel for the petitioner. Accordingly, the petition is dismissed. This Case is also Reported in: 15 MLR (AD) (2010) 167. ......rt decreed the suit for a sum of TK. 86,000.00 against maintenance of the plaintiff No.1 from 03.05.1998 and also allowed maintenance at the rate of TK. 1000.00 per month from the date of decree. The trial Court decreed for TK. 25,000.00 in favour of the plaintiff No. 2 and TK.500.00 per month from ......hammad Fazlul Karim CJ Bijan Kumar Das J ABM Khairul Haque J Sree Jibon Sharma...............................................Petitioner Vs. Sreemoti Subasini Sharma and another ....................Respondents Judgment February 23, 2010 Lawyers ..Category: Family Law | Date: | Hits: 182
Md. Azizur Rahman Chowdhury Vs. Tauhiduddin Chowdhury and others, 2009, 38 CLC (AD)
....inter alia, that after the order of status quo made by the trial Court on 6th January, 1996, the respondents hastily started construction of permanent and temporary houses. Over and above, they had also dug up a ditch measuring 7 ft. length 7 ft. breath and 3 ft. depth and thereby created obstructio......0/-. The judgment of the High Court Division is set aside and restored those of the Courts below. This Case is also Reported in: 15 MLR (AD) (2010) 160, 16 BLC (AD) (2011) 26, VIII ADC (2011) 915. ...... the nature and character of the suit lands or from cutting away trees from the suit lands. The respondents No. 1 and 2 resisted the prayer for temporary injunction by filing a written objection. The trial Court made an interim order of status quo on 6th January, 1996 and upon hearing the parties th......e Division (Civil) Present: Md. Tafazzul Islam J Md. Abdul Aziz J Surendra Kumar Sinha J Md. Azizur Rahman Chowdhury.......................Petitioner Vs. Tauhiduddin Chowdhury and others ..............Respondents Judgment August 18, 2009. Cases Referred To- Babul ..Category: Property Law | Date: | Hits: 84
....atra Parishad (BSP) Vs. Bangladesh, 1992 BLD (AD) 153 = 43 DLR (AD) 112; Bangladesh Sangbadpatra Parishad (BSP) Vs. Bangladesh and others 43 DLR 424; Bangladesh Retired Government Employees Welfare Association Vs. Bangladesh 46 DLR 426; Abu Bakar Siddique Vs. Justice Shahabuddin Ahmed and others 1 B......r who is the Secretary General of Bangladesh Human Rights Commission. They have filed this petition under Article 102(2)(a)(ii) of the Constitution of the People's Republic of Bangladesh (hereinafter called 'the Constitution") challenging the appointment of Mr. Justice Md. Gholam Rabbani and Mr. Jus...... and day out during the tenure of their office.
In view of our aforesaid discussions, the application is summarily rejected.
Ed.
This Case is also Reported in: 55 DLR (2003) 332.
......in: 55 DLR (2003) 332.
..
Category: Constitutional Law | Date: | Hits: 126
Abul Khair Morselin (Md) Vs. Bangladesh and others, 2000, 29 CLC (HCD)
....ed To- Mohammad Idrish Vs. East Pakistan Timber Merchants Group, Registrar of Joint Stock Companies, East Pakistan, 20 DLR (SC) 355 & A Ghafur, General Secretary, Bangladesh Bus Truck Owners Association, Motijheel, Dhaka Vs. Bangladesh and others 38 DLR 422. Lawyers Involved: Moudud Ah......Bench after reopening of the Court. The Vacation Bench however stayed the election of the Association Group of the Federation of Bangladesh Chamber of Commerce and Industry which shall hereinafter be called FBCCI. After reopening of the Court, this matter has come up before this Bench for hearing. ......he Vacation Bench on 10-10-2000 is hereby vacated and the remaining part of the election of the FBCCI shall be held in accordance with law. Ed. This Case is also Reported in: 53 DLR (2001) 179. ......ourt Division (Special Original Jurisdiction) Present: Abu Sayeed Ahammed J Khademul Islam Chowdhury J Abul Khair Morselin (Md) …………………..Petitioner Vs. Bangladesh and others…………………. Respondents Judgment October 17, 2000. Cases Referred To- ..Category: Business or Commercial Law | Date: | Hits: 204
Korban Ali Khan (Md) and Others Vs. Asalat Khan and others, 2000, 29 CLC (HCD)
....d appertaining to CS plot No. 934 measuring an area 10-1/2 decimals out of 0.42 decimals originally belonged to one Rustan Khan and Mulfat Khan in equal shares, that Rustan Khan died leaving behind 2 sons Tozammel and Hafiz Khan who subsequently died leaving the pre-emptors as their heirs and accord......in Miscellaneous Case No. 11 of 1988 passed by this Court at the time of issuance of the Rule stands vacated. Send down the LCR at once. Ed. This Case is also Reported in: 53 DLR (2001) 176. ...... pre emptees also claimed that the pre-emptee No. 5 is a co-sharer in the Case land and, as such, the pre-emption Case that was filed against a co-sharer by inheritance is not maintainable. 4. The trial Court framed necessary issues and on consideration of the same found that the pre-emption proc......t once. Ed. This Case is also Reported in: 53 DLR (2001) 176. ..Category: Property Law | Date: | Hits: 31
Hasmat Ali Vs. State, 2001, 30 CLC (HCD)
....by the Additional Sessions Judge, Second Court, Tangail in Sessions Case No.6 of 1992 convicting the convict appellant Hasmat Ali under section 302 of the Penal Code and sentencing him to suffer imprisonment for life and to pay a fine of Taka 3000 in default to suffer rigorous imprisonment for a fur......tion 302 of the Penal Code and, as such, the impugned conviction and sentence are hereby upheld. In the result, the appeal is dismissed. Ed. This Case is also Reported in: 53 DLR (2001) 169. ...... efficacy of the confessional statement. 7. The learned Deputy Attorney-General, on the other hand, supports the impugned conviction and sentence and the reasons assigned in support thereof by the trial Court. 8. We would now turn to the evidence and materials on record in order to find out wh......din J Hasmat Ali……………Appellant Vs. State…… Respondent Judgment January 23, 2001. Cases Referred To- Md. Tajul Islam Khokan & ors Vs. State, 6 BLT 79; Safar Ali and others Vs. State, 1983 BLD 325; State Vs. Mofazzal Hossain, 11 BLD (AD) 202, 43 DLR (AD) 64A; St..Category: Criminal Law | Date: | Hits: 27
Khaleda Rahman & another Vs. Integrated Services Limited and others, 1999, 28 CLC (HCD)
....gong and others 41 DLR 262; Brig Khawaja Muhammad Aslam Khan (Retd) Vs. Azad Government of the State of Jammu & Kashmir 1973 PLD 62; Lakshmi Narasimhiah and others Vs. Yalakkigowda, AIR 1965 of Mysore 310 & Monowara Begum Vs. Syed Ashrafuddin & ors, 40 DLR (AD) 251. Lawyers Involved: ......o the Directors and shareholders of the company but none raised any objection to that. Though appellant No. 1 is no longer a Director of the company she in connivance with her brother appellant No. 2 called a Board Meeting by notice dated 8-4-1999. Wherein respondent No. 3 sent a written objection t...... hereby set aside and Title Suit No. 150 of 1999 of the 1st Court of Senior Assistant Judge, Dhaka is hereby withdrawn from that Court and transferred to the 1st Court of Subordinate Judge, Dhaka for trial along with Title Suit No. 116 of 1999. The Subordinate Judge, 1st Court, Dhaka is hereby di......Court Division (Civil Appellate Jurisdiction) Present: Mahmudul Amin Choudhury J Md. Abdul Aziz J Khaleda Rahman & another………Appellants Vs. Integrated Services Limited and ors………..Respondents Judgment June 8, 1999. Cases Referred To- Karnafully Pap..Category: Business or Commercial Law | Date: | Hits: 207
Daily Star and Prothom Alo Patrika Vs. State, 2001, 30 CLC (HCD)
....f 11-1-2001 under caption “Police say: Missing Star reporter finds her in 3 hours.” The article was published in the following terms: - Charges of Jalal Murder Case were framed against accused persons by the learned Metropolitan Additional Sessions Judge, 5th Court, Dhaka in 1999 and summons wer......nday that witness in Jalal Murder Case could not be traced; the victim’s wife Halima told The Daily Star yesterday that she and her children were told by the public prosecutor to keep away until he called her, that after the report of disappearance appeared in The Daily Star on Tuesday, it took th......r. M Faruq feebly opposes the Rule and submits that the articles published in the newspapers are not based upon true facts. He submits that there was further investigation into the Case for which the trial of the Case could not be held earlier. Mr. Faruq further submits that because of shortage of t......eported in: 53 DLR (2001) 155. ..Category: Criminal Law | Date: | Hits: 189
Hasibur Rahman (Md) Vs. Shakila Begum and another, 2000, 29 CLC (HCD)
....First plaintiff and minor child Second plaintiff for an amount of Taka 250.00 and 150.00 per month respectively. 6. First defendant felt aggrieved of the above adjudication of Family Judge and sought setting aside the same through medium of appeal being Family Appeal No. 13 of 1983 before lea...... Order of stay granted in Civil Revision Petition stands vacated. No costs. Send down the LCR as immediately as possible. Ed. This Case is also Reported in: 53 DLR (2001) 152. ......onditions and limitations as may be prescribed, an Appellate Court shall have power to additional evidence or to require determine a Case finally, to remand a Case, to frame issues and refer them for trial and to take such evidence to be taken. 20. Sub-section (2) of section 107 of the Code s......e Court High Court Division (Civil Revisional Jurisdiction) Present: AK Badrul Huq J Hasibur Rahman (Md)…………….Petitioner Vs. Shakila Begum and another…………….Opposite Parties Judgment August 24, 2000. Cases Re..Category: Family Law | Date: | Hits: 152
Mainul Hosein & others Vs. Sheikh Hasina Wazed, 2000, 29 CLC (HCD)
.... Hosein & others……………..Petitioner Vs. Sheikh Hasina Wazed……………Respondent Judgment October 24, 2000. Cases Referred To- Sir Edward Snelson Vs. Judges of the High Court, PLD 1961 (SC) 237; MH Kharidakar Vs. the State, 18 DLR (SC) 124; H......anae Nambion, AIR 1970 (SC) 2015. He further submitted that in view of the principles enunciated by their Lordships in the above Cases the impugned statement of the Hon’ble Prime Minister cannot be called a contemptuous one, rather the same is a bonafide statement on the present situation of the c......ing killings. Most offended statements are to the following effect. 48. She remarked that in a country where the killers get patronisation, the killers are defended, the killers are not put to trial, the killing would continue. The police apprehend the accused, High Court; lower Courts enlarg......r Edward Snelson Vs. Judges of the High Court, PLD 1961 (SC) 237; MH Kharidakar Vs. the State, 18 DLR (SC) 124; Habibul Islam Bhuiyan, 51 DLR (AD) 68; MH Beg, CJ Vs. R Krishna Ayar, AIR 1978 (SC) 727 and Gudi Kanti Narasimbule Vs. Public Prosecutor, AIR 1978 (SC) 429; Andre Paul Terence Ambard Vs. t..Category: Criminal Law | Date: | Hits: 49
Tarun Karmaker Vs. State and others, 2000, 29 CLC (HCD)
....ry J Tarun Karmaker……….Petitioner Vs. State and ors………….Respondents Judgment December 12, 2000. Case Referred To- BADC Vs. Kibria and Associates Ltd., 46 DLR (AD) 97. Lawyers Involved: Probir Halder, Advocate- For the Pet......iul Haque Choudhury, Assistant Attorney- General—For the State. Criminal Miscellaneous Case No.6858 of 2000. Judgment Md. Hamidul Haque J.- By this Rule, opposite parties were called upon to show cause as to why the detenu Miss Momota Karmaker now detained in Satkhira Distric...... be there examined as a witness in any matter pending or to be inquired into in such Court; (d) that a prisoner detained as aforesaid be brought before a Court-martial or any Commissioners for trial or to be examined touching any matter pending before such Court martial or Commissioners respe......sion (Criminal Miscellaneous Jurisdiction) Present: Md. Hamidul Haque J Md. Munsurul Haque Choudhury J Tarun Karmaker……….Petitioner Vs. State and ors………….Respondents Judgment December 12, 2000. Case Referred To- ..Category: Criminal Law | Date: | Hits: 33
Raisuddin (Md) Vs. Sitaram Bhar and others, 2001, 30 CLC (HCD)
.... should be given an opportunity to get the matter heard on merit. He further submits that the application filed by the plaintiff-appellant under Order 41, rule 19 of the Code of Civil Procedure was also accompanied by an application under section 5 of the Limitation Act and neither the application u......onsidering and giving any finding on the legal requirement of rule 19 of Order 41 of the said Code as to whether the appellant was prevented by any sufficient cause from appearing when the appeal was called on for hearing” and, as such, the impugned order is liable to be set aside. He further subm...... “proved’ is sufficiently indicative of taking evidence as to the existence of sufficient cause to pass an order under Order 41 rule 19 of the Code. It is evident from the impugned Order that the trial Court did not at all take any evidence on the Medical Certificate filed by the plaintiff-appel......upreme Court High Court Division (Miscellaneous Appellate Jurisdiction) Present: Md. Abdul Aziz J Raisuddin (Md)…….. Appellant Vs. Sitaram Bhar and others……..Respondents Judgment February 12, 2001. Cases Referred To- ..Category: Property Law | Date: | Hits: 29
Sirajul Islam (Md) and another Vs. Government of Bangladesh & others, 2000, 29 CLC (HCD)
....r …….. Petitioners Vs. Government of Bangladesh & others………………. Respondents Judgment August 10, 2000. Case Referred To- Nesar Ahmed also known as Babul Vs. Government of Bangladesh represented by the Deputy Commissioner, Noakhali 49 D......o be aggrieved by the impugned order passed by the tribunal. The basis of the petitioners’ claim that the goods were seized from their possession only as it appears from the writ petition is the so-called recommendation of the investigation Officer to the effect that the goods may be released in f......nd the Rule is liable to be discharged on that count also. In the result, this Rule is discharged without any order as to costs. Ed. This Case is also Reported in: 53 DLR (2001) 127. ......53 DLR (2001) 127. ..Category: Criminal Law | Date: | Hits: 101
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