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Siraj Miah Vs. Mohammad Miah and others, 2005, CLC (HCD)
....t No.91 of 1977 renumbered as Title Suit No.52 of 1986 is hereby upheld. Send down the Lower Courts records at once. Ed. This Case is also Reported in: 57 DLR (2005) 356. ......t No.91 of 1977 renumbered as Title Suit No.52 of 1986 is hereby upheld. Send down the Lower Courts records at once. Ed. This Case is also Reported in: 57 DLR (2005) 356. ...... Supreme Court High Court Division (Civil Revisional Jurisdiction) Present: Abdus Salam Mamun J Siraj Miah....................................Plaintiff-Petitioner Vs. Mohammad Miah and others.............Opposite Parties Judgment February 7, 2005.......s records at once. Ed. This Case is also Reported in: 57 DLR (2005) 356. ..Category: Property Law | Date: 7 Feb, 2005 | Hits: 2
Chairman, Sherpur Paurashava Vs. Md. Jahangir Hossain Chowdhury, 2005, 34 CLC (AD)
....-retainable khas land of the original landlord, we do not find any substance in the submission of the learned Counsel for the petitioner. The petitions are dismissed. Ed. ......ntiff could know about the earlier decree only on 19-1-1987. 3. The respondent Nos. 1-8 contested the suit filing written statement stating, inter alia, that the original owner Sudhanshu Kumar Acherjee being owner and in khas possession of the pond ultimately settled to Tazammel Huq Cho......sp; Syed JR Mudassir Husain CJ Md. Fazlul Karim J MA Aziz J Amirul Kabir Chowdhury J Chairman, Sherpur Paurashava……….. Petitioner Vs. Md. Jahangir Hossain Chowdhury.........Respondents Judgment February......-retainable khas land of the original landlord, we do not find any substance in the submission of the learned Counsel for the petitioner. The petitions are dismissed. Ed. ..Category: Property Law | Date: 1 Feb, 2005 | Hits: 118
SMAH Ltd SMAH Ltd Vs. Government of Bangladesh and others, 2005, 34 CLC (HCD)
....time of issuance of this Rule is hereby recalled and vacated. Ed. This Case is also Reported in: 57 DLR (2005) 267. ......time of issuance of this Rule is hereby recalled and vacated. Ed. This Case is also Reported in: 57 DLR (2005) 267. ......ted. Ed. This Case is also Reported in: 57 DLR (2005) 267. ......e disputed plot was released from the list of vested property. Annexure-'H (6)' reveals that the possession of the entire land of the disputed plot measuring 1.23 (1.25) acres was restored to Abdus Sobhan Miah and others, the vendees of Mrs. Madlena D Rozario. It is not comprehensible how th..Category: Property Law | Date: 16 Jan, 2005 | Hits: 7
Monohar Joarder and others Vs. State, 2005, 34 CLC (HCD)
....LC record be sent down to the learned Additional Sessions Judge, 1st Court, Kushtia immediately for information and necessary action. Ed. This Case is also Reported in: 57 DLR (2005) 494. ......LC record be sent down to the learned Additional Sessions Judge, 1st Court, Kushtia immediately for information and necessary action. Ed. This Case is also Reported in: 57 DLR (2005) 494. ......e Court High Court Division (Criminal Appellate Jurisdiction) Present: Mashuque Hosain Ahmed J Sheikh Abdul Awal J Monohar Joarder and others............Appellants Vs. State.............................................Respondent Judgment January 15,......ppellants Vs. State.............................................Respondent Judgment January 15, 2005. Result: The Appeal is allowed in part. Cases Referred to- Abdus Sattar and others Vs. State, 46 DLR (AD) 239; Rafiqul Islam Vs. State, 1993 BLD (AD) 117 = 44 ..Category: Criminal Law | Date: 15 Jan, 2005 | Hits: 3
Biseruddin Sarder (Md) and others Vs. Md. Tofazzal Hossain Biswas and others, 2005, 34 CLC (AD)
....e view that the High Court Division acted illegally in interfering with the findings and decision of the Court of appeal. The appeal is, therefore, allowed without any order as to costs. Ed. ......e view that the High Court Division acted illegally in interfering with the findings and decision of the Court of appeal. The appeal is, therefore, allowed without any order as to costs. Ed. ......e view that the High Court Division acted illegally in interfering with the findings and decision of the Court of appeal. The appeal is, therefore, allowed without any order as to costs. Ed. ......llegally when there was serious challenge from the side of the plaintiffs regarding those loan documents. 6. We have heard Mr. Shahabuddin Ahmad the learned Counsel for the appellant and Mr. Abdus Samad, the learned Counsel for the respondent Nos. 1‑3 and perused the judgment of the High ..Category: Property Law | Date: 13 Dec, 2004 | Hits: 21
Kishore Kumar Roy Vs. Md. Anwar Hossain & another, 2004, 33 CLC (AD)
....there is nothing to interfere with the judgment of the High Court Division. Accordingly, the leave petition is dismissed. Ed. This Case is also Reported in: 14 BLT (AD) (2006) 15. ......D) (2006) 15. ......sion (Civil) Present: Syed JR Mudassir Hussain J Mohammad Fazlul Karim J MM Ruhul Amin J MA Aziz J Kishore Kumar Roy ……………......Petitioner. Vs. Md. Anwar Hossain & another.................Respondents. Judgment December......there is nothing to interfere with the judgment of the High Court Division. Accordingly, the leave petition is dismissed. Ed. This Case is also Reported in: 14 BLT (AD) (2006) 15. ..Category: Property Law | Date: 12 Dec, 2004 | Hits: 62
Haider Ali and ors. Vs. State, 2004, 33 CLC (AD)
....those who came to the place of occurrence to rescue the victim. In view of our above discussion we fined no substance in this appeal and accordingly it is dismissed. Ed. ......those who came to the place of occurrence to rescue the victim. In view of our above discussion we fined no substance in this appeal and accordingly it is dismissed. Ed. ......on (Criminal) Present: KM Hasan CJ Md. Fazlul Karim J Hamidul Haque J Haider Ali and others ...............................Appellants Vs. State………..Respondent Judgment November 4, 2003......g murder through only four of the appellants caused injury to the victim, the three other being the members of the unlawful assembly are equally liable. Cases Referred to- Abdus Samad @ AKM Abdus Samad and others vs State 44 DLR (AD) 233; Bangladesh vs Abed Ali and others..Category: Criminal Law | Date: 4 Nov, 2004 | Hits: 102
Shamsul Haque (Md) Vs. Amina Khatun and others, 2004, 33 CLC (AD)
....anagement Board, Dhaka and others Vs. Shah Gulam Nabi and others, 27 DLR (AD) 156; Hazari Bala Sana and another Vs. Niron alias Niranjan Mandal and others, 1997 BLD (AD) 294. Lawyers Involved: Probir Neogi, Advocate instructed by Sufia Khatun, Advocate‑on‑Record ‑ For the Appellant. ......s been miscarriage of circumstances and this requires interference by us. The appeal is accordingly, allowed without any order as to cost. Ed. This Case is also Reported in: 57 DLR (AD) (2005) 23.......ed in: 57 DLR (AD) (2005) 23.......s been miscarriage of circumstances and this requires interference by us. The appeal is accordingly, allowed without any order as to cost. Ed. This Case is also Reported in: 57 DLR (AD) (2005) 23...Category: Civil Law | Date: 31 Aug, 2004 | Hits: 156
Ashraful Alam Vs. Md. Moniruddin and ors, 2004, 33 CLC (HCD)
....gment and decree are hereby set aside. The suit is dismissed. Send down the records at once. Ed. This Case is also Reported in: 57 DLR (2005) 260. ......ssession adverse to the knowledge of real owner. Mere possession for a long time does not result in converting permissive possession into adverse possession. Cf: Thakur Kishan Singh (dead) Vs. Arvind Kumar; 1994(6) SCC 591. Here, in this case, possession of the plaintiffs in the suit shops cann...... High Court Division (Civil Appellate Jurisdiction) Present: Md. Abdur Rashid J Syed AB Mahmudul Huq J Ashraful Alam........................................Appellant Vs. Md. Moniruddin and ors..........................Respondents Judgment August 17, 2......gment and decree are hereby set aside. The suit is dismissed. Send down the records at once. Ed. This Case is also Reported in: 57 DLR (2005) 260. ..Category: Property Law | Date: 17 Aug, 2004 | Hits: 2
Category: Banking Law, Corporate Law | Date: 1 Aug, 2004 | Hits: 4
Dewan Abul Abbas Vs. Muna Haque and other, 2004, 33 CLC (HCD)
....ellant. If no deposit is made within that period the appeal stands dismissed. Let the lower Courts records be sent down at once. Ed. This Case is also Reported in: 57 DLR (2005) 310. ......Respondents Judgment July 28, 2004. Result: The Appeal is allowed. Cases Referred to- Latfur Rahman and others Vs. Golam Ahmad Shah and others, 39 DLR (AD) 242; Santosh Kumar Paul Vs. Nuruddin Ansari, 47 DLR 72; Saru Meah Sowdagar and another Vs. Al‑haj Jahanara Begu...... Md. Arayesuddin J S Rahman Miah J Dewan Abul Abbas………………………………………Petitioner Vs. Muna Haque and other……………………&hellip......ellant. If no deposit is made within that period the appeal stands dismissed. Let the lower Courts records be sent down at once. Ed. This Case is also Reported in: 57 DLR (2005) 310. ..Category: Civil Law | Date: 28 Jul, 2004 | Hits: 6
Nurul Haque (Md.) Vs. Anowara Begum and others, 2004, 33 CLC (HCD)
....t No.5 of 1985 is hereby upheld. Send down the lower Court's Record at once. Ed. This Case is also Reported in: 57 DLR (2005) 702. ......Lal, 1934 (Privy Council) 23; Ejas Ali Qidwai and others Vs. Special Manager, Court of Wards; Balrampur Estate and others 1935, (Privy Council) 53; Musa Ali Vs. Nur Ahmed and others, 44 DLR (AD) 154; Kumar Basanta Roy and others Vs. Secretary of State for India in Council and others, 44 Indian Appea...... Abdus Salam Mamun J Nurul Haque (Md.) ……………………………………………Petitioner Vs. Anowara Begum and others……………………&he...... This Case is also Reported in: 57 DLR (2005) 702. ..Category: Property Law | Date: 27 Jul, 2004 | Hits: 2
Category: Banking Law, Criminal Law | Date: 19 Jul, 2004 | Hits: 3
Zamini Bala Das Vs. Abdul Aziz and others, 2004, 33 CLC (HCD)
....f the trial Court restored. The suit is decreed as prayed for. Send down the record at once. Ed. This Case is also Reported in: 57 DLR (2005) 774. ......side the suit land was situated or the boundaries thereof. He did not know the suit land nor could he say whether Zamini Bala used to possess the suit land before 12-4‑99. 24. D.W.5 Dilip Kumar testified that he was a scribe and wrote deed No.45789 dated 6‑12‑79. In cross examination......igh Court Division (Civil Revisional Jurisdiction) Present: Md. Abdur Rashid J Syed AB Mahmudul Huq J Zamini Bala Das..........................................Petitioner Vs. Abdul Aziz and others.................................Opposite Parties Judgment J......f the trial Court restored. The suit is decreed as prayed for. Send down the record at once. Ed. This Case is also Reported in: 57 DLR (2005) 774. ..Category: Property Law | Date: 17 Jul, 2004 | Hits: 4
Nurul Haque and others Vs. Abdus Salam Chowdhury and ors. 2005, 34 CLC (AD)
....ment of the High Court Division is not at all a proper Judgment of reversal. Accordingly, the same is liable to be interfered with. The appeal is thus allowed with cost. Ed. ......harers and the owner of Kusumalaya. The defendant No. 1 filed Exhibit EE and AA to show that later on he sold the shares in Nipuchapur Tea Estate to Babulal Agarwala and 10 decimals of land to Arun Kumar Nandi. It is in the evidence of defendant No.1 that he paid Taka 11,995 to Sudhir Kamal Sen ...... Appellate Division (Civil) Present: Md. Ruhul Amin J MM Ruhul Amin J Md. Tofazzul Islam J Nurul Haque and others.......... Appellants Vs. Abdus Salam Chowdhury and ors. …......Respondents Judgment July 1......e Division (Civil) Present: Md. Ruhul Amin J MM Ruhul Amin J Md. Tofazzul Islam J Nurul Haque and others.......... Appellants Vs. Abdus Salam Chowdhury and ors. …......Respondents Judgment July 13, 2004. ..Category: Civil Law | Date: 13 Jul, 2004 | Hits: 196
Hafez Abdus Salam Vs. Syed Fazlul Quader and another, 2004, 33 CLC (HCD)
....onnected Civil Rule 550(FM) of 2003 is accordingly, discharged with cost. Communicate the order at once. Ed. This Case is also Reported in: 57 DLR (2005) 640. ......onnected Civil Rule 550(FM) of 2003 is accordingly, discharged with cost. Communicate the order at once. Ed. This Case is also Reported in: 57 DLR (2005) 640. ......sion (Civil Appellate Jurisdiction) Present: Md. Abdur Rashid J Syed AB Mahmudul Huq J Hafez Abdus Salam............................................Appellant Vs. Syed Fazlul Quader and another............................Respondent Judgment Jun...... ..Category: Civil Law | Date: 29 Jun, 2004 | Hits: 3
Abdul Mumin alias Tanu Miah Vs. Mahfujur Rahman and others, 2004, 33 CLC (AD)
....on of the land transferred by the heir of Abdul Ghani to the pre-emptees. Accordingly all the appeals are dismissed There is no order as to cost. Ed. This Case is alsoReported in: 1 ADC (2004) 515.......pre-emption was sought under Section 24 of the Non-Agricultural Tenancy Act. 12. Facts of the case reported in 35 DLR (AD) 230, in short, are that the land of C.S Khatian No. 214 was owned by Akshoy Kumar Saha Banik and Rangubala Chowdhurani. Akshoy Kumar Saha Banik instituted Title Suit No. 126 of......5.......on of the land transferred by the heir of Abdul Ghani to the pre-emptees. Accordingly all the appeals are dismissed There is no order as to cost. Ed. This Case is alsoReported in: 1 ADC (2004) 515...Category: Property Law | Date: 28 Jun, 2004 | Hits: 43
AHM Mustain Billah & others Vs. Bangladesh, 2004, 33 CLC (AD)
....aid appeal was heard and dismissed on merit, the Civil Petition for Leave to Appeal No. 826 of 1998 shall also stand dismissed without any order as to costs. Ed. This Case is also Reported in: ......75 (SC) 1500; JM Jamuna vs. Chairman, Labour Court and others 53 DLR (AD) 28, ETV Ltd vs. Dr Chowdlhury Mahmood 55 DLR (AD) 26: Batuk K Kyas vs. Surate Borough Municipality AIR 1533 Bombay 133; Manaj Kumar Roy vs. Government of Bangladesh and others 7 BLC (AD) 42: Hafazatur Rahman vs. Kazi Anwar Hos...... Md. Ruhul Amin J Md. Fazlul Karim J MM Ruhul Amin J Md. Tafazzul Islam J MA Aziz J Amirul Kabir Chowdhury J AHM Mustain Billah & others…………. Petitioners Vs. Bangladesh represented by the Secretary, Ministry of Establishment and others ...........R......aid appeal was heard and dismissed on merit, the Civil Petition for Leave to Appeal No. 826 of 1998 shall also stand dismissed without any order as to costs. Ed. This Case is also Reported in: ..Category: Employment/Service Law | Date: 23 May, 2004 | Hits: 128
State Vs. Md. Delwar Hossain Faraji, 2004, 33 CLC (HCD)
....lice, Dhaka. iv. Superintendent of Police, Pirojpur. Lower Court's Record be sent down at once. Ed. This Case is also Reported in: 57 DLR (2005) 264. ...... Faraji…………Convict (in abscondence) Judgment May 18, 2004. Result: The Death Reference No.39 of 2001 is accepted. Cases Referred to- Gourangh Kumar Saha Vs. State, 2 BLC (AD) 126; Abdul Matleb Howlader Vs. State, 6 BLC (AD) 1; State Vs. Kalu ...... Present: AK Badrul Huq J Md. Abu Tariq J State………………………………………Petitioner Vs. Md. Delwar Hossain Faraji…………Convict (in abscondence) Judg......lice, Dhaka. iv. Superintendent of Police, Pirojpur. Lower Court's Record be sent down at once. Ed. This Case is also Reported in: 57 DLR (2005) 264. ..Category: Criminal Law | Date: 18 May, 2004 | Hits: 3
Executive Engineer, LGED, Rangpur Vs. A Latif & Company Ltd, 2004, 33 CLC (HCD)
....d dated 22‑6-2000 is accordingly set aside. The arbitration agreement now ceases to have any effect. Communicate at once. Ed. This Case is also Reported in: 57 DLR (2005) 656. ......d dated 22‑6-2000 is accordingly set aside. The arbitration agreement now ceases to have any effect. Communicate at once. Ed. This Case is also Reported in: 57 DLR (2005) 656. ......rt High Court Division (Civil Appellate Jurisdiction) Present: Md. Abdur Rashid J Siddiqur Rahman Miah J Executive Engineer, LGED, Rangpur................Appellant Vs. A Latif & Company Ltd...................................Respondent Judgment A...... Bangladesh Water Development Board Vs. Nasim another, 1988 BLD 369; RAJUK Vs. MN Alam & others, 54 DLR 161; Bangladesh Water Development Board Vs. Progati Prakushali and another, 49 DLR 335; Abdus Salam and another Vs. Osman Gini and another, 1984 BCR (AD) 346; Dhaka Leather Complex Vs. Sik..Category: Arbitration Law | Date: 11 Apr, 2004 | Hits: 3