Search Options
Judgment Advanced Search
Displaying 3781-3800 of 6460 results.
Md. Monjur Murshed Vs. Government of Bangladesh and others, 2009, 38 CLC (HCD)
....discharged but without any order as to cost. Md. Mamtaz Uddin Ahmed J.- I agree. Ed. This Case is also Reported in: 29 BLD (HCD) (2009) 699, 17 BLT (HCD) 2009, 575; 15 MLR (HCD) (2010) 296. ......discharged but without any order as to cost. Md. Mamtaz Uddin Ahmed J.- I agree. Ed. This Case is also Reported in: 29 BLD (HCD) (2009) 699, 17 BLT (HCD) 2009, 575; 15 MLR (HCD) (2010) 296. ......mtaz Uddin Ahmed J.- I agree. Ed. This Case is also Reported in: 29 BLD (HCD) (2009) 699, 17 BLT (HCD) 2009, 575; 15 MLR (HCD) (2010) 296. ......he pros and cons of the scheme, weighing its advantages and disadvantages, approved it in the over-all interest of the bank, as such, he prays that this Rule is liable to be discharged. 13. On the question of discrimination, Mr. Badrudduza, Advocate, submits that since the executives below the ra..Category: Banking Law | Date: | Hits: 205
Munshi Abdul Hai Vs. Sanjoy Kumar Shil, 2010, 39 CLC (AD)
....rative and collusive and made behind his back contending, inter alia, that the said Khatian has been prepared in the name of the defendant-petitioner hereof having no right, title and interest or possession in the suit land and that the suit land measuring 57 decimals of land out of 5.50 acres......and made behind his back contending, inter alia, that the said Khatian has been prepared in the name of the defendant-petitioner hereof having no right, title and interest or possession in the suit land and that the suit land measuring 57 decimals of land out of 5.50 acres appertaining D.S. Khat......n is accordingly dismissed. Ed. This Case is also Reported in: VII ADC (2010) 935. ......infirmity to interfere with the impugned judgment and order passed by the High Court Division. The petition is accordingly dismissed. Ed. This Case is also Reported in: VII ADC (2010) 935. ..Category: Property Law | Date: | Hits: 32
Md. Sharif Hossain Vs. Md. Abdul Jalil and another, 2009, 38 CLC (HCD)
....1 and subsequently, on receiving rest amount of Tk. 9,000/- defendant No.1 executed the kabala deed on 18.3.86; that on the date of execution of bainapatra the defendant No.2 (vendor) handed over the possession of the suit land in favour of the defendant No.1 and also permitted to start re-construct......ant Judge, 1st Court, Dhaka against the opposite parties for getting the suit property by way of pre-emption under Mohammedan Law on the averments that the plaintiff is owner of the ‘Ka’ schedule land of the plaint by way of inheritance and the suit property as described in the “kha” schedul......t once. Ed. This Case is also Reported in: 29 BLD (HCD) (2009) 744.......ing on record to show any of the witnesses deposed with regard to exact date and time of performing Taleb-i-ishat by the pre-emptor-petitioner. He next points out that admittedly the suit property in question has been separated with the property of the pre-emptor by boundary wall and it is on record..Category: Property Law | Date: | Hits: 39
Abdul Jalil Miah and another Vs. Siddiqur Rahman, 2009, 38 CLC (HCD)
....rst Court of Subordinate Judge, Dhaka (which transferred to 4th Court of Subordinate Judge and Artha Rin Adalat re-numbered as Title Suit No.244 of 1992) for declaration of title and recovery of khas possession of the following land of “Schedule ‘A’ comprising of an area of .1256 acre......ge, Dhaka (which transferred to 4th Court of Subordinate Judge and Artha Rin Adalat re-numbered as Title Suit No.244 of 1992) for declaration of title and recovery of khas possession of the following land of “Schedule ‘A’ comprising of an area of .1256 acres of land out of the land of...... BLD (HCD) (2009) 735. ......e rule is made absolute without any order as to the costs. Lower Courts records be sent down at once with a copy of the judgment. Ed. This Case is also Reported in: 29 BLD (HCD) (2009) 735. ..Category: Property Law | Date: | Hits: 39
Azizul Hoq Vs. Administrator of Waqf, Government of Bangladesh and others, 2001, 30 CLC (HCD)
....nt and it is also liable to be discharged being infructuous. In the result, both the Rules are discharged without any order as to costs. Ed. This Case is also Reported in: 54 DLR (2002) 561. ......-1995 and 3-12-1995 with some allegations against the petitioner. Thereupon the respondent No. 1 issued a notice on 24-12-1995 directing the Thana Nirbahi Officer (TNO) to collect crops of cultivable lands through the local Union Parishad chairman and against the petition No. 188 of 1988 and the sai......tuous. In the result, both the Rules are discharged without any order as to costs. Ed. This Case is also Reported in: 54 DLR (2002) 561. ......priation of income of waqf property was found to be true petitioner was found liable to be removed by the Waqf Administrator as per provision of section 32(1) of the Waqf Ordinance, 1962 as such, the question of infringement of any fundamental right does not arise and petitioner is not entitled to g..Category: Trust/Waqf Law | Date: | Hits: 180
Md. Osman Gani & others Vs. Begum Tofatun Nahar & others, 1988, 17 CLC (HCD)
....ud upon the Court the opposite party No. 1 obtained a preliminary as well as final decree in the Partition Suit behind the knowledge of the plaintiffs-petitioners; that the defendant Nos.17-23 are in possession of the suit premises as bharatia under the plaintiff-petitioners and the defendant oppo......tioners; that the defendant Nos.17-23 are in possession of the suit premises as bharatia under the plaintiff-petitioners and the defendant opposite party has no right, title or interest in the suit land and that by impleading some unnecessary parties he has managed to obtain the said decrees and...... For the Petitioner. Masih-ul-Uslam, Advocate — For the Opposite-Party No. 1. Civil Revision No. 436 of 1986 Judgment Muhammad Ansar Ali J.- This Rule issued at the issuance of the plaintiff-petitioners is directed against the judgment and order dated 15.5.86 passed by Mr. Md. Sayedu...... balance of convenience and inconvenience is in favour of granting injunction against the defendant opposite party No.1, but the courts below committed error of law in not discussing this important question and coming to a finding on the same. The learned Advocate also submits that unless the in..Category: Procedural Law | Date: | Hits: 80
Md. Nurul Abser Miah Vs. Kiron Shankar Nandy & others, 1988, 17 CLC (HCD)
....2-4 exerted into an agreement for sale of the disputed land on 15.4.73 with the petitioner. That Dhirendra Nath took earnest money of Tk. 42,500/- out of consideration of Tk. 45,000/- and delivered possession thereof to the petitioner. The plaintiff after taking delivery of possession of the land ......78 of the Court of Sub-Judge, 1st Court, Sadar, Chittagong. 2. The petitioner instituted the aforesaid suit against the opposite party Nos.2 to 5 for specific performance of contract for certain land on the allegations, inter alia, that Dhirendra Lai Nandy predecessor-in-interest of the oppos......ur Rahman, Advocate —For the Petitioner. Nirmalendu Bikash Dutta, Advocate — For the Opposite Parties. Civil Revision No. 88(C) of 1982 Judgment AM Mahmudur Rahman J.- This Rule is against an order refusing to strike off the name of the opposite party No. 1 from the plaint of Other S......rties on the strength of recital in the agreement entered by defendant No. 1 disclosing that Prem Sukh was his benamidar for the properties which stood in the name of Prem Sukh. In that case the main question that fell for consideration before the court was whether a person who entered into a contra..Category: Procedural Law | Date: | Hits: 70
M/s. Nawab Askari Jute Mills Ltd. & others Vs. Giasuddin Ahmed, 1988, 17 CLC (HCD)
.... on 2.9.84. The Rupganj Police Station thereafter seized the launch and brought it to Rupganj Police Station ghat from the opposite party's dockyard and with the permission of the court handed over possession of the launch to the petitioners. The petitioners thereafter asked the opposite party to ......te refer to two decisions reported in (a) 26 DLR 82 and (b) 29 DLR 56. 10. In the first case it was held that if the plaint disclosed that the relief sought was not for declaration of title to the land but for some other relief relating to it, the suit fell under sec. 7(iv) (c) of the Court Fee......ted in: 41 DLR (1989) 144. ......petitioners further said that in view of this, the said court had no pecuniary jurisdiction to entertain and try the suit and it was not entertain able as such. 4. The learned Munsif decided the question of valuation of the suit of 2.9.84 the legality of which order has been challenged before t..Category: Civil Law | Date: | Hits: 159
Amar Kumar Nag @ Ratu Nag Vs. State, 1989, 18 CLC (HCD)
....ismissed with the conviction and sentence altered as above. Communicate the result to the court below and send the records expeditiously. Ed. This Case is also Reported in: 41 DLR (1989) 134. ......ismissed with the conviction and sentence altered as above. Communicate the result to the court below and send the records expeditiously. Ed. This Case is also Reported in: 41 DLR (1989) 134. ......ed as above. Communicate the result to the court below and send the records expeditiously. Ed. This Case is also Reported in: 41 DLR (1989) 134. ...... a blow in reply though it often be the result and the wrong doer could not take refuge behind provocation to get away with blows, breaking others teeth with impunity. He would to be punished but the question would be under what provision of the Penal Code. 11. As has been found hereinbefore that..Category: Criminal Law | Date: | Hits: 35
Trading Corporation of Bangladesh Vs. MV Corina & others, 1988, 17 CLC (HCD)
....ly in order to avoid conflicts between the different courts in England exercising admiralty jurisdiction and to bring about uniformity between the Admiralty jurisdiction of the High Courts in British possession, the British Parliament enacted the Colonial Courts of Admiralty Act, 1890 followed by th......prietors of the ship and vessels etc. The said clause empowered the Supreme Court to exercise its Admiralty jurisdiction in the same manner and to the same extent as was exercised by the Courts in England. It continued to exercise such jurisdiction on the strength of clauses 31 and 32 of the Letters......vocate of the plaintiff. Ed. This Case is also Reported in: 41 DLR (1989) 127 ......n from Admiralty Court Act, 1861 as has been made it applicable by virtue of Section 2 (2) of the Colonial Courts of Admiralty Act, 1890. 10. Now let us revert to the contentions at the Bar on the question of jurisdiction to entertain the suit and to issue of the warrant of arrest of the vessel M..Category: Admiralty Law or Maritime Law | Date: | Hits: 175
Moslemuddin Dhali & others Vs. Helaluddin Dhali & others, 1988, 17 CLC (HCD)
....perties by metes and bound through Court. Amiruddin Dhali obtained the case land in his saham. On 15.7.83 he orally gifted the case land to his nephews, the 1st Party-petitioners and inducted them to possession and since then the 1st Party-petitioners were possessing the case land. The 2nd Party-opp......n of complaint before the Chief Metropolitan Magistrate, Dhaka on 25.3.87 for drawing up the aforesaid proceeding under section 145 of the Code of Criminal Procedure stating, inter alia, that the lands described in the schedule were originally held by two brothers Ali Meah Dhali and Amiruddin ......f securing the ends of justice have been made out. In the result, the Rule is discharged. Ed. This Case is also Reported in: 41 DLR (1989) 120. ......abuse of the process of any Court and no case of securing the ends of justice have been made out. In the result, the Rule is discharged. Ed. This Case is also Reported in: 41 DLR (1989) 120. ..Category: Criminal Law | Date: | Hits: 32
Md. Monirul Hoq Vs. Government of Bangladesh, 1988, 17 CLC (HCD)
....avour of the resolution in question. Thus having regard to legal aspect of the matter I fully concur with finding of my learned brother. Ed. This Case is also Reported in: 41 DLR (1989) 108.......avour of the resolution in question. Thus having regard to legal aspect of the matter I fully concur with finding of my learned brother. Ed. This Case is also Reported in: 41 DLR (1989) 108.......egard to legal aspect of the matter I fully concur with finding of my learned brother. Ed. This Case is also Reported in: 41 DLR (1989) 108.......rit Petition No. 7 of 1987 (Dhaka) Judgment Mohammad Abdur Rouf J. - The petitioner as elected Chairman of Chandina Upazila Parishad, Comilla, obtained this Rule Nisi on 5.1.87 calling in question the order of his removal from Chairmanship of the said Parishad by the Government on 28.1..Category: Election Law | Date: | Hits: 92
.... notice under section 106 of the Transfer of Property Act had been duly served and the plaintiff has got bona fide requirement of the suit premises and thus, directed the defendant to give vacant possession of the suit premises in favour of the plaintiff within sixty days failing which the pla......tment of a tenant alleging, inter alia, that the defendant, namely, Messrs National Tuberculosis Relief and Rehabilitation Society of Bangladesh was inducted in as a monthly tenant by the plaintiff landlord in respect of the suit premises being holding No. 98, New Elephant Road, Dhaka, as per te......il Revisional Jurisdiction)
Present:
Anwarul Haque Chowdhury J
President, National Tuberculosis Relief & Rehabilitation Society...................... Petitioners
Vs.
Md. Maftabuddin Chowdhury..................................................... Opposite Party
Judgment
Dece......nditions, remaining the same, till December, 1982 and the organisation remained there as tenant till December, 1982 but continued to remain thereafter, in the said premises till today.
10. The question that calls for determination in a matter like this is whether a tenant who was inducted i..
Category: Property Law | Date: | Hits: 28
Md. Mokbul Hossain Vs. Md. Umar Ali and others, 2009, 38 CLC (HCD)
....is material contradiction between the evidence of P.W.2 Sekander Ali and O.P.W.3 Mobarak Ali with regard to the disclosure of the first date of knowledge. On the other hand, the six O.P.Ws proved the possession of the pre-emptees in the suit land for the last 13/14 years. Further, O.P.W.2 Ayub Ali s......tion Misc. Case No.11 of 2006 in the court of Assistant Judge Bhuringamari, Kurigram for preemption of the schedule property made in the preemption case. 3. The case of the pre-emptor is that the land was recorded and published in S.A. Khatian No.30 and 55 in the name of Kalu Sheikh who died lea......er courts record immediately. Ed. This Case is also Reported in: 29 BLD (HCD) (2009) 727. ......w about the transfer to corroborate his evidence and such uncorroborated evidence of P.W.1 (pre-emptor) being interested witness cannot be relied but the courts acted under misconception of law as to question of onus of proof regarding knowledge of sale and ignoring such legal aspect of the case hav..Category: Property Law | Date: | Hits: 36
Ramjan Ali Sowdagar and Ashraf Ali Khan Waqf Estate Vs. Most. Ayesha Khatoon, 2010, 39 CLC (AD)
.... defendant No.7 contended that he never acted as an agent of the plaintiff and that he and Ramjan Ali Sowdagar (father of the plaintiff) jointly purchased the suit land in 1945 and while they were in possession they created the Ramjan Ali Sowdagar and Ashraf Ali Khan Waqf Estate vide a deed of Waqf ......audulent, collusive, forged, without consideration, void and not binding upon the plaintiff of the suit. 2. Facts relevant for the purpose of disposal of this application are that schedule 'B' land to the plaint belonged to Ramjan Ali Sowdagar, who gifted the same in favour of his minor son (...... in this petition. The petition is accordingly dismissed. End. This Case is also Reported in: VII ADC (2010) 926. ......und by the High Court Division. In the premises, we do not find any merit in this petition. The petition is accordingly dismissed. End. This Case is also Reported in: VII ADC (2010) 926. ..Category: Trust/Waqf Law | Date: | Hits: 194
Md. Nurun Nobi Vs. Khondaker Moklesur Rahman and others, 2010, 39 CLC (AD)
....Court, Dhaka, decreeing the Title Suit No. 5 of 2000. 2. The respondent No.1 of the application, as plaintiff, filed Title Suit No.5 of 2000 praying for declaration of title and recovery of khas possession of the suit property detailed in the plaint contending, amongst others, that the defendan......as possession of the suit property detailed in the plaint contending, amongst others, that the defendant No.3, Abdul Aziz Khan, while owning and possessing the suit property measuring 9 decimals of land through purchases vide registered sale deed No. 19651 dated 21.12.1966 (4.5 decimals) and vid......e petition is accordingly dismissed. Ed. This Case is also Reported in: VII ADC (2010) 917....... those are not necessary for proper adjudication of the appeal and for amendment/filing of additional written statement and those documents are not necessary for the purpose of determining the real question in controversy between the parties." 9. We have perused the leave petition, judgment of ..Category: Property Law | Date: | Hits: 31
Government of Bangladesh and others Vs. Mariam Begum and others, 2009, 38 CLC (AD)
....rket, under the provisions of Hats and Bazars Ordinance, 1959. Challenging the legality of the said Order dated 23. 10.1976, the plaintiffs filed the present suit with a prayer for recovery of khas possession in 1984. The learned Subordinate Judge, after hearing, decreed the suit. Thereafter, the ......le Suit No. 57 of 1994. 2. The facts, in brief, leading to the filing of this review petition are that Rustam Ali and his wife the plaintiff-respondent No.7 are the admitted owners of the suit-land by purchase from one Abdul Ali, purchaser from the C.S. recorded tenant. The plaintiff-respon......o new point has been raised this petition for review is dismissed. Ed. This Case is also Reported in: VII ADC (2010) 906.......d the judgment passed by this Division in the Civil Petition for Leave to Appeal. 6. It appears that this Division in dismissing the petition observed as follows: ".................the main question before the High Court Division is to determine whether the authorities concerned made p..Category: Property Law | Date: | Hits: 33
Shah Alam (Md.) Vs. Abdul Hashem Bepari and others, 2000, 29 CLC (HCD)
.... 60,000 out of which the defendant received on 30-11-83 Taka 50,000.00 as earnest money and duly executed a bainapatra in his favour. In part performance of the contract defendant No.1 duly delivered possession of the suit property to the plaintiff immediately following the bainapatra dated 30-11-83......e contract. The precise reason for refusing a decree for specific performance of the contract by the learned District Judge appears to be the existence of structures standing in a portion of the suit land measuring one acre of land. 14. Although in a revision, I am not usually expected to go into......resent: Gour Gopal Saha J Shah Alam (Md.) ……..Petitioner Vs. Abdul Hashem Bepari and others ……Opposite Parties Judgment January 19, 2000. Cases Referred To- Qazi Din Mohammad vs. Alhaj Arjun Ali Ansari 47 DLR (AD) 48. Lawyers Involved: Md. Shah Alam, Advoca......ourt and obtained the present Rule. 10. Mr. Md. Shah Alam, the learned Advocate appearing in person, submits that both the learned Courts below after having concurrently found that the contract in question is a genuine and valid one and the contesting defendant never pleading any case of hardship..Category: Civil Law | Date: | Hits: 81
Solaiman (Md.) and others Vs. Md. Mosharaf Hossain Khan and others, 2002, 31 CLC (HCD)
....heir service book. A copy of this judgment be sent to the Secretary, Ministry of Sport and Ministry of Establishment for necessary action. Ed. This Case is also Reported in: 54 DLR (2002) 531.......heir service book. A copy of this judgment be sent to the Secretary, Ministry of Sport and Ministry of Establishment for necessary action. Ed. This Case is also Reported in: 54 DLR (2002) 531.......to the Secretary, Ministry of Sport and Ministry of Establishment for necessary action. Ed. This Case is also Reported in: 54 DLR (2002) 531.......hat the Bangladesh Swimming Federation is not a statutory organisation therefore, any order passed by the election commissioner in the matter of holding election of the Federation cannot be called in question before this Court under Article 102 of the Constitution inasmuch as it is now well settled ..Category: Civil Law | Date: | Hits: 70
Zakir Hossair alias Tota Mia Vs. State, 2009, 38 CLC (AD)
....e above, we find no substance in the submissions of the learned Advocate for the petitioner. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: VII ADC (2010) 885. ...... of TK.5,000.00 each in default to suffer rigorous imprisonment for one year more. 2. The prosecution case, in short, is that the victim and the informant had previous enmity with the accused over land disputes. Out of that enmity while the informant along with his brother Muslim in the afterno......sions of the learned Advocate for the petitioner. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: VII ADC (2010) 885. ......e above, we find no substance in the submissions of the learned Advocate for the petitioner. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: VII ADC (2010) 885. ..Category: Criminal Law | Date: | Hits: 40
43634361435943584356435543544353435043494348434643454344434343424340433743364334