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Shahjahan Faraji and another Vs. State, 2002, 31 CLC (HCD)
....he occurrence has filed the present case with false and frivolous allegations. It has been further alleged that there has been a dispute between the people of Bhola and the people of Barisal over the possession of the char land which is well-within the jurisdiction of Bhola but the people of Barisal......t of Barisal. 2. Mr. Mostafa, the learned Advocate appearing for the accused-petitioners, submits that the accused-petitioner are residents of Bhola PS under the District of Bhola and the disputed land is situated within the jurisdiction of Bhola. It has been alleged that there is no place named ......e the order to the learned Magistrate, Barisal at once for his information and necessary action. Ed. This Case is also Reported in: 54 DLR (2002)457.......he date of receipt of the order. Communicate the order to the learned Magistrate, Barisal at once for his information and necessary action. Ed. This Case is also Reported in: 54 DLR (2002)457...Category: Procedural Law | Date: | Hits: 61
Ali Sikder (Md.) Vs. Government of Bangladesh & Others, 2002, 31 CLC (HCD)
.... why the impugned letter dated 21-6-1999 (Annexure G to the petition) shall not be declared to have been made without any lawful authority and why the respondents shall not be directed to deliver the possession of 3 godowns belonging to former APC (Rally) Oil Mill located at Strand Road Chittagong u......a substantial question of law as to the interpretation of Constitution. His prayer for certificate is refused as we do find the case to be so. Ed. This Case is also Reported in: 54 DLR (2002)453....... of Constitution. His prayer for certificate is refused as we do find the case to be so. Ed. This Case is also Reported in: 54 DLR (2002)453.......ubmits that this contract rooted through statute inasmuch as section 108B of the Transfer of Property Act provided that it is imperative that the lessor will deliver the possession of the property in question on conclusion of the contract. 14. Contract may be said to be rooted/originated from sta..Category: Property Law | Date: | Hits: 22
.... The respondent No. 1 served a notice dated 25-10-1999 for eviction in eviction Case No. 5 upon the petitioner on 26-10-1999 issued in the name of the petitioner’s late husband asking him to vacant possession of land claiming the same as Railway property within 7 (seven) days from the date of serv......why the impugned notice complained against should not be declared to have been made without any lawful authority and of no legal effect.
2. The case of the petitioners Mrs. Doris Begum is that the land comprising an area of acres appertaining of CS plot Nos. 203 and 204 SA plot Nos. 53, 558, 557 ......reby declared to have been made without any lawful authority and is of no legal effect.
Ed.
This Case is also Reported in: 54 DLR (2002) 448....... the Ordinance. Moreover, LA Case No. 15/59-60 and 16/59-60, 3.49 acres of land out of 3.61 acres of CS plot No. 203 was acquired and possession was delivered to the Railway Authority and the land in question was validly acquired by the Railway authority. In the circumstances the Rule is liable to b..
Category: Property Law | Date: | Hits: 22
Moniruzzaman (Md.) Vs. ANM Didar-e-Alam and others, 2002, 31 CLC (HCD)
.... time of issuance of the Rule staying further proceeding of the case is recalled. Send down a copy of the order to the court below immediately. Ed This Case is also Reported in: 54 DLR (2002)445....... time of issuance of the Rule staying further proceeding of the case is recalled. Send down a copy of the order to the court below immediately. Ed This Case is also Reported in: 54 DLR (2002)445.......proceeding of the case is recalled. Send down a copy of the order to the court below immediately. Ed This Case is also Reported in: 54 DLR (2002)445.......are unable to take into consideration the fact stated in the supplementary affidavit that subsequently the accused petitioner herein has cleared up the dues of the complainant. Since this is purely a question of fact, the same can only be decided by the trial Court on taking evidence. 8. The lega..Category: Criminal Law | Date: | Hits: 29
Shishir Kanti Pal and others Vs. Nur Muhammad and others, 2001, 30 CLC (HCD)
....3. The case of the plaintiff, in short, is that previously they were the inhabitants of village Amarpur under police station Birganj of Tripura State within Indian Dominion having their ownership and possession in ‘B’ scheduled land in India. The ‘A’ scheduled land to the plaint belonged to ...... short, is that previously they were the inhabitants of village Amarpur under police station Birganj of Tripura State within Indian Dominion having their ownership and possession in ‘B’ scheduled land in India. The ‘A’ scheduled land to the plaint belonged to Sree Gopal Chandra Pal and 10 ot......mad and others…………Opposite Parties Judgment July 10, 2001. Cases Referred To- Sahera Khatun and another vs. Anwara Khatun and ors 1 BCR 126 = 33 DLR 442; Hasmat Ali vs. Mofizuddin Majhi and others 37 DLR 231; Nurunnesa and ors vs. Babar Ali Bepari 33 DLR (AD) 124. Lawyers I......hen they have been possessing the ‘A’ scheduled properties and made improvement of the same. Some interested persons after the departure of its Hindu owners managed to publish the notification in question in respect of the ‘A’ scheduled properties naming the same as evacuee properties in the..Category: Property Law | Date: | Hits: 23
Tajul Islam Vs. Gobinda Prashad Das and others, 2000, 29 CLC (HCD)
....harged. In the result, the Rules are discharged. The order of stay granted earlier at the time of issuance of the Rules are hereby vacated. Ed. This Case is also Reported in: 54 DLR (2002)436.......harged. In the result, the Rules are discharged. The order of stay granted earlier at the time of issuance of the Rules are hereby vacated. Ed. This Case is also Reported in: 54 DLR (2002)436.......rged. The order of stay granted earlier at the time of issuance of the Rules are hereby vacated. Ed. This Case is also Reported in: 54 DLR (2002)436....... framing charge of non-schedule offence with the schedule offence and that this violation of law also renders the framing of charge against the accused petitioners illegal for which the proceeding in question should be quashed. In support of his contention, he has cited two decisions in the case of ..Category: Criminal Law | Date: | Hits: 62
.... and orders and cancellation of the registration of the petitioner union.
Accordingly the Rule is discharged without any order as to costs.
Ed.
This Case is also Reported in: 54 DLR (2002)430....... and orders and cancellation of the registration of the petitioner union.
Accordingly the Rule is discharged without any order as to costs.
Ed.
This Case is also Reported in: 54 DLR (2002)430.......e petitioner union.
Accordingly the Rule is discharged without any order as to costs.
Ed.
This Case is also Reported in: 54 DLR (2002)430.......he “worker and workman” of a commercial business establishment and or an industry and rests on the Labour Laws. Therefore, in the absence of any commercial business establishment or industry, the question of trade union does not arise. The wood Trade Union also leads one to look forward for the ..
Category: Labour and Industrial Law | Date: | Hits: 158
Sarwar Garments Ltd. Vs. Chairman, National Board of Revenue and others, 2001, 30 CLC (HCD)
....ose of the inquiry initiated by her under section 13(2) (b) of the Customs Act expeditiously and as early as possible in accordance with law. Ed. This Case is also Reported in: 54 DLR (2002) 420.......ose of the inquiry initiated by her under section 13(2) (b) of the Customs Act expeditiously and as early as possible in accordance with law. Ed. This Case is also Reported in: 54 DLR (2002) 420.......) (b) of the Customs Act expeditiously and as early as possible in accordance with law. Ed. This Case is also Reported in: 54 DLR (2002) 420......., Deputy Attorney-General, Mustafa Zaman Islam, Assistant Attorney-General— For the Respondents. Writ Petition Nos. 2718 of 2001 and 2968 of 2001. Judgment Syed Amirul Islam J. - As common question of law and facts are involved in these two Writ Petitions, They are heard together and are ..Category: Fiscal/Taxation Law | Date: | Hits: 63
Mustafa Kabir Uddin Ahmed Vs. Badrun Nessa Chowdhury, 2002, 31 CLC (HCD)
....hus disposed of on the above terms and conditions. Let the lower court’s records down expeditiously with a copy of this judgment and order. Ed. This Case is also Reported in: 54 DLR (2002) 416.......nt for the purpose of disposal of this Rule is that plaintiff-petitioner filed Title Suit No.337 of 1988 subsequently renumbered as Title Suit No. 174 of 1992 for declaration of his title in the suit land. 3. The defendant No.1 entered appearance in he suit and filed a written statement but did n......ent and order. Ed. This Case is also Reported in: 54 DLR (2002) 416.......hus disposed of on the above terms and conditions. Let the lower court’s records down expeditiously with a copy of this judgment and order. Ed. This Case is also Reported in: 54 DLR (2002) 416...Category: Procedural Law | Date: | Hits: 83
....n AIR 1981 (SC) 2198. It is admitted that the petitioner and his devotees used to perform religious functions at the Darbarsharif before the occurrence of 3-12-99. As the petitioner was admittedly in possession of the Darbar Sharif and devotees used the mosque within the campus for saying prayers, t......as submitted that the petitioner, had been preaching Sufism by establishing a Darbarsharif at Mouza Monoharkharbagh and Khashpara under PS Bandar, District Narayanganj after purchasing 24-97 acres of land. The learned Advocate has further submitted that different religious functions and assemblies a......g of any big congregation.
With the observations made above the rule is disposed of.
Ed.
This Case is also Reported in: 54 DLR (2002) 413.......ome land of the applicants were included in the campus and, as such, the applicants should have been given a chance to represent their case. In this writ petition there is no scope of determining the question of title and, as such, we find no reason to add them as respondents.
8. The petitioners ..
Category: Property Law | Date: | Hits: 25
Osi Meah Sowdager Vs. Tulsidham Akherar Madan Mahan Narasingha and others, 2002, 31 CLC (HCD)
....in 1970, which necessitated the filing of Other Suit No. 99 of 1970, re-numbered as Other Suit No. 130 of 1976 and Other Suit No. 49 of 1976 respectively for declaration of title and recovery of khas possession and for declaration of title and confirmation of possession in the suit or, in the altern......d. 4. Mr. Bhishna Dev Chakroborty, the learned Advocate appearing for the plaintiff-opposite party, supports the impugned judgments. 5. The case of the plaintiff-opposite party is that the suit land recorded in RS Plot No. 358 of Mouza Ander Killa, PS Kotwali, District Chittagong belonged to t......2002)409.......moved this Court and obtained the present Rules. 10. In view of the fact that the two Rules arise out of the same judgment, I am inclined to dispose of these Rules by a single judgment, as similar questions of law and facts are involved in the rules. 11. I have carefully gone through the impug..Category: Civil Law | Date: | Hits: 69
Golam Mohammad Khan Vs. Government of Bangladesh and others, 2002, 31 CLC (HCD)
....ed illegally and, as such, we find no substance in the Rule and the same is liable to be discharged. In the result, the Rule is discharged. Ed. This Case is also Reported in: 54 DLR (2002)405.......ed illegally and, as such, we find no substance in the Rule and the same is liable to be discharged. In the result, the Rule is discharged. Ed. This Case is also Reported in: 54 DLR (2002)405....... Rule and the same is liable to be discharged. In the result, the Rule is discharged. Ed. This Case is also Reported in: 54 DLR (2002)405........ State of West Bengal reported in AIR 1974 (SC) 2154). We have noticed that in the grounds the cases have not been mentioned as one of the grounds for detention but to show his past activities. This question has also been finally settled in the case of Habiba Mahmud. It has been observed that where..Category: Criminal Law | Date: | Hits: 60
Tofail Ahmed Vs. Bangladesh, 2001, 30 CLC (HCD)
....ten) days of receipt of this judgment. Advance copy of the order portion may be communicated to the respondents at the cost of the petitioner. Ed. This Case is also Reported in: 54 DLR (2002)403.......ten) days of receipt of this judgment. Advance copy of the order portion may be communicated to the respondents at the cost of the petitioner. Ed. This Case is also Reported in: 54 DLR (2002)403....... the order portion may be communicated to the respondents at the cost of the petitioner. Ed. This Case is also Reported in: 54 DLR (2002)403.......ear that the passport of the present petitioner was impounded to facilitate inquiry against the petitioner by the Bureau of Anti-Corruption. 6. This Court, in several earlier decisions decided the question as to on what grounds passport of a citizen can be impounded or can be refused by the autho..Category: Others | Date: | Hits: 102
Makbul Ahmed and others Vs. Mohammedullah and others, 2000, 29 CLC (HCD)
....f 1983. 15. Having regard to the facts and circumstances of the case there will be no order as to costs. Send down the record at once. Ed. This Case is also Reported in: 54 DLR (2002) 399.......f 1983. 15. Having regard to the facts and circumstances of the case there will be no order as to costs. Send down the record at once. Ed. This Case is also Reported in: 54 DLR (2002) 399....... Cases Referred To- MA Wahab and another vs. Abul Kalam and another 44 DLR (AD) 13; Mohammad Ramzan Sawadagar vs. AHM Fazlul Huq 15 DLR 99; 34 DLR 325. Lawyers Involved: Syed Mahmud Hossain, Advocate—For the Petitioner. Nikhilesh Dutta, Advocate—For the Opposite Parties. Civil......le 388(2)) is being consistently followed by the High Court Division (see Md. Wasiq Khan Vs. Md. Sabig Khan, 33 DLR 35 and Jaharunnessa Vs. Safed Ali Bepary and others, 36 DLR 353). 6. The suit in question was transferred from one court to another by virtue of a Gazette notification. The transfer..Category: Procedural Law | Date: | Hits: 62
Abdul Mannan Miah Vs. Md. Salaiman Miah, 2000, 29 CLC (HCD)
....ned trial Court is directed to dispose of the suit expeditiously preferably within three (3) months from the date or receipt of this judgment. Ed. This Case is also Reported in: 54 DLR (2002)394.......ned trial Court is directed to dispose of the suit expeditiously preferably within three (3) months from the date or receipt of this judgment. Ed. This Case is also Reported in: 54 DLR (2002)394.......llaih Rajeswar and Co, AIR 1962 AP 510. Lawyers Involved: SK Siddique, Advocate—For the Appellant. Shafique Ahmed with Kazi Kamrul Alam, Advocates—For the Respondent. Appeal from Original Order No. 321 of 2000 with Civil Rule No. 483 (fm) of 2000. Judgment Md. Tafazzul Islam J......In the decisions reported in 48 DLR 28, 50 DLR 548, 1987BLD (AD) 130 (and 28 DLR 1171) it has been held that in case of passing off, the civil Court may pass for permanent injunction. 12. The next question is, whether the suit for infringement ie the present Title Suit No. 3 of 1999, and the appl..Category: Intellectual Property Law | Date: | Hits: 200
Nadera Banu Vs. Protiva Rani Sen Gupta and others, 2003, 32 CLC (HCD)
....Judge is hereby directed to dispose of the suit as expeditiously as possible, preferably within months from the date of receipt of the order. Ed. This Case is also Reported in: 55 DLR (2003) 149.......District Judge, Chittagong in Other Class Suit No. 48 of 1991 rejecting the petitioner's application under Order XXVI rule 9 of the Code of Civil Procedure for holding local investigation in the suit land. 2. Opposite party Nos. 1‑2 as plaintiffs instituted Other Class Suit No. 48 of 1991 befor......rred To- Kazi Abdul Awal Zewar Rashid Vs. Dhaka Municipal Corporation and another, 45 DLR 509; P Moosa Kutty Petitioner, AIR 1953, Madras, 717. Lawyers Involved: N H Khandaker & KMS Hossain, Advocates‑ For the Petitioner. Nikhilesh Dutta, Advocate‑ For the Opposite Parties. C......Judge is hereby directed to dispose of the suit as expeditiously as possible, preferably within months from the date of receipt of the order. Ed. This Case is also Reported in: 55 DLR (2003) 149...Category: Property Law | Date: | Hits: 31
Zakir Hossain and another Vs. State, 2002, 31 CLC (HCD)
.... and sentence dated 20‑1‑92 by trial Court against appellants Zakir Hossain and Suruj Miah be accordingly upheld. Record be sent down. Ed. This Case is also Reported in: 55 DLR (2003) 137.......ort. Exhibit 1 and shows that in first information report PW 1 informant disclosed that he saw the accused coming out of a ditch on the bank of the tank and saw them running away through muddy watery land to west of tank. PW 1 stated in deposition at the trial that he saw the accused leaving by the ......against appellants Zakir Hossain and Suruj Miah be accordingly upheld. Record be sent down. Ed. This Case is also Reported in: 55 DLR (2003) 137.......oluntary cannot be the basis for conviction of convict-appellant Zakir. 16. Learned Advocate then refers to statement under section 342 Cr.P.C. of convict-appellant Zakir Hossain and shows that no question was asked about statement under section 164 Cr.P.C. (Exhibit 2) and thereby no opportunity ..Category: Criminal Law | Date: | Hits: 34
Zakir Hossain Munshi Vs. Government of the People's Republic of Bangladesh, 2002, 31 CLC (HCD)
....o be refunded to the petitioner forthwith. In the result, the Rule is made absolute in the foregoing terms without any order as to cost. Ed. This Case is also Reported in: 55 DLR (2003) 130. ......vereign function "performing function in connection with affairs of the Republic or the local authority". Such function can best be appreciated if matters of settlement of hat, bazar, fisheries, khas land, etc. are kept in view. The Government acts in these affairs in pursuance of some statuary powe......sult, the Rule is made absolute in the foregoing terms without any order as to cost. Ed. This Case is also Reported in: 55 DLR (2003) 130. ......d against Titas Gas Transmission as it refused to supply gas to the brick‑fields of Conforce Limited in violation of a contract between them by issuing two letters without assigning any reason. The question of maintainability of the writ petition was raised on the ground that Titas Gas Transmissio..Category: Information Technology Law | Date: | Hits: 217
Hajee Abul Hossain and others Vs. Md. Amjad Hossain and others, 2010, 39 CLC (AD)
....e respondent No.1 transferred 434 ajutangsha land in favour of the respondent No. 2 and his wife Koohinur. Though the S.A. Khatian was prepared in the names of Pear Baksha and others they have had no possession therein. The appellants deed are forged and collusive. 5. The learned Subordinate Judg......ecree dated 27th February, 1989 of the Subordinate Judge, Second Court, Dhaka in Title Suit No.77 of 1986. Appellants instituted the above suit seeking declaration of title in respect of .09 acres of land and also for declaring a deed dated 10th January, 1987 executed by the respondent No. 2 in favo......r as to costs. Ed. This Case is also Reported in: 62 DLR (AD) (2010) 436, 15 MLR (AD) (2010) 485, 8 LG (AD) (2011) 10.......ibits-D' series without objection from the plaintiffs side. The trial court admitted the said records of mutation as evidence but refrained from considering the same without formal proof thereof. The question before the Supreme Court was whether the trial Court was justified in holding so. H. Rahman..Category: Property Law | Date: | Hits: 36
Janata Insurance Company Ltd. Vs. M/s. Islam Steel Mills Limited and another, 2010, 39 CLC (AD)
....property. None of the Acts deal with mortgages of movable property. A mortgagee of movable property is entitled to a decree for sale just as much is a mortgagee of immovable property. The delivery of possession is not necessary to constitute a mortgage of movable property which has been done in the ......ut any order as to costs. This judgment would govern ail the appeals. Ed. This Case is also Reported in: 15 MLR (AD) (2010) 478, 7 LG (AD) (2010) 208, 63 DLR (AD) (2011) 5, VIII ADC (2011) 932. ......(2010) 478, 7 LG (AD) (2010) 208, 63 DLR (AD) (2011) 5, VIII ADC (2011) 932. ...... privy to the contracts of insurance and, therefore, they had no locus standi to file the suits claiming moneys covered by the insurance policies. Its positive claim is that the insurance policies in question were not issued in favour of the plaintiffs, and therefore, the report of the surveyors wer..Category: Business or Commercial Law | Date: | Hits: 212
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