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Mokbul Hossain Mridha and others Vs. Md. Shamsul Haq Sarder and others, 2012, 41 CLC (AD)
....nd to his wife and sons in 1970 by registered deeds. At the time of War of Liberation, Durgapur Sub-Registry Office was burnt to ashes so the originals were burnt. Nasir Uddin Mridha had been in possession of the remaining 22.72 acres of land in his Khas possession. In abuse of PO (President......No.44 of 1993 in the Court of the Assistant Judge, Durgapur, Rajshahi against the defendants-appellants and other defendants-respondents praying for a declaration of title in respect of the suit land described in schedule 'B' to the plaint. The case of the plaintiff, in short, is that s......t aside. There is no order as to costs. Ed. This Case is also Reported in: 64 DLR (AD) (2012) 97. ......ly, the Appeal is allowed and the impugned judgment and order dated 21-4-2003 is hereby set aside. There is no order as to costs. Ed. This Case is also Reported in: 64 DLR (AD) (2012) 97. ..Category: Procedural Law | Date: 20 Mar, 2012 | Hits: 88
Chittagong Zilla Parishad Vs. Nurul Haque and others, 2012, 41 CLC (AD)
....tun. P.S. khatian No.3345 was prepared in the name of the said heirs of Nabid Ali. On 10.07.1976 the said heirs of Nabid Ali sold the suit land to the plaintiff by two registered kabala and delivered possession of the suit land also in favour of the plaintiff. That the defendant No.1, Chittagong Z...... Judge, Chittagong and was renumbered as Other Suit No.156 of 1990. That suit was for declaration of title and for permanent injunction. 3. The case of the plaintiff, in short, was that the suit land originally belonged to Nabid Ali whose name was recorded in R.S. khatian. That one Abdul Latif ......ier be extended till disposal of the appeal. Ed. This Case is also Reported in: 9 ADC (2012) 760. ......the paper book out of court in accordance with Rules. The order of stay granted earlier be extended till disposal of the appeal. Ed. This Case is also Reported in: 9 ADC (2012) 760. ..Category: Property Law | Date: 19 Mar, 2012 | Hits: 76
....39;s records along with a copy of this judgment at once.
Nozrul Islam Chowdhury J. - I agree.
Ed.
This Case is also Reported in: 18 MLR (HCD) (2013) 289, 19 BLC (HCD) (2014) 18.
......39;s records along with a copy of this judgment at once.
Nozrul Islam Chowdhury J. - I agree.
Ed.
This Case is also Reported in: 18 MLR (HCD) (2013) 289, 19 BLC (HCD) (2014) 18.
......ision
(Civil)
Present:
Nozrul Islam Chowdhury J
KM Kamrul Kader J
AHM Kamruzzaman Khan………………………….....Plaintiff-Appellant
Vs.
Register, Joint Stock Companies & Firms 24-25 Dilkusha C/A, Dhaka......by the company of any damages sustained by any party aggrieved and may also make such order as costs as it may consider proper.
(3) On any application under this section the Court may decide any question relating to the title of any person who is a party to the application to have his name ente..
Category: Company Law | Date: 19 Mar, 2012 | Hits: 689
Md. Nurul Islam Khan and others Vs. Azizul Islam and others, 2012, 41 CLC (AD)
....he defendant No.2 in favour of the defendant No.1, Azizul Islam, who also instituted Title Suit No.225 of 1983 renumbered as Title Suit No.89 of 1999 for declaration of title and recovery of khas possession of the suit property. The plaint case of the plaintiffs is the defence case in the other ......n of title and recovery of khas possession of the suit property. The plaint case of the plaintiffs is the defence case in the other suit and vice versa. Rokeya Begum is the admitted owner of the suit land, who instituted earlier suit seeking the above declaration. She executed a power of attorne...... shall continue till disposal of the appeals. Ed. This Case is also Reported in: 9 ADC (2012) 635. ......deed by Zakir Hossain (defendant No.2) in favour of Azizul Islam (defendant No.1) is void, inoperative and not binding upon the plaintiff and since the plaintiff Rokeya has not executed the deed in question, the High Court Division erred in holding that the instant suit for mere declaration is not..Category: Procedural Law | Date: 19 Mar, 2012 | Hits: 119
Luthfor Rahman (Md.) Vs. Bangladesh & others, 2012, 41 CLC (HCD)
....Mohan, Jogendra Mohan and Brojo Mohan. The sons of Ram Dayal by registered deed No.9571 dated 23-10-1948 sold their share to Horihor Chandra. The heirs of recorded tenant of CS and SA Khatian were in possession and while they were in peaceful possession by power of attorney to plaintiff, Arman Ali S......তি অবাধ্যকর হওয়া মর্মে ঘোষনা প্রচারের ডিক্রি দিতে”। 3. Plaintiff's case, in short, is that, suit land was originally belonged to Raj Kumar Chandra who transferred 59½ decimals of land from d......his judgment at once. Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 124. ...... situation, until and unless the Government declared the property of the plaintiff as vested in the Government, Government has no legal authority to issue such notice. Since notice itself is illegal, question to settle whether the deeds of the plaintiffs are genuine are not required. If Government w..Category: Others | Date: 18 Mar, 2012 | Hits: 5
Commissioner of Customs and another Vs. Equity Construction Pvt. Ltd., 2012, 41 CLC (AD)
....extended till disposal of the appeal. Let this appeal be heard along with the appeals arising out of C.P. Nos. 1396-1397 of 2010. Ed. This Case is also Reported in: 9 ADC (2012) 876. ......extended till disposal of the appeal. Let this appeal be heard along with the appeals arising out of C.P. Nos. 1396-1397 of 2010. Ed. This Case is also Reported in: 9 ADC (2012) 876. ......s arising out of C.P. Nos. 1396-1397 of 2010. Ed. This Case is also Reported in: 9 ADC (2012) 876. ......e to be confiscated under the provisions of Customs Act and therefore, the High Court Division erred in law in directing for release of the imported machineries. It is further urged that on similar question two appeals arising out of Civil Petition Nos.1396-1397 of 2010 are pending in this Divisio..Category: Fiscal/Taxation Law | Date: 15 Mar, 2012 | Hits: 87
Rabeya Khanam Vs. State, 2012, 41 CLC (HCD)
.... in relation to the petitioner Let a copy of the Judgment be sent to the concerned Court for information and necessary action. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 467. ......n the Criminal Procedure Code does so limit or affects its inherent power…………………………………..(14) The Courts exist not only for securing obedience to the law of the law of the land but also for securing the ends of justice in its widest sense. Inherent power of the High Court...... of the Judgment be sent to the concerned Court for information and necessary action. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 467. ......s in support of his contention. 10. The learned Assistant Attorney-General for the State adopted the submission place before us by the learned Advocate for the opposite party No.2. 11. The only question that survives for the determination this case is whether the inherent power under section 5..Category: Procedural Law | Date: 15 Mar, 2012 | Hits: 215
Dhaka New Market Vs. City Corporation, 2012, 41 CLC (HCD)
....om doing so in future. 20. With the above observations and findings this Rule is disposed of without any order as to costs. Ed. This Case is also Reported in: 65 DLR (HCD) (2013) 221 ......om doing so in future. 20. With the above observations and findings this Rule is disposed of without any order as to costs. Ed. This Case is also Reported in: 65 DLR (HCD) (2013) 221 ...... and findings this Rule is disposed of without any order as to costs. Ed. This Case is also Reported in: 65 DLR (HCD) (2013) 221 ......om doing so in future. 20. With the above observations and findings this Rule is disposed of without any order as to costs. Ed. This Case is also Reported in: 65 DLR (HCD) (2013) 221 ..Category: Administrative Law, Constitutional Law | Date: 14 Mar, 2012 | Hits: 2
....gy University be allowed to continue with their regular studies accordingly.
However, there shall be no order as to costs.
Ed.
This Case is also Reported in: 18 BLC (HCD) (2013) 166.
......gy University be allowed to continue with their regular studies accordingly.
However, there shall be no order as to costs.
Ed.
This Case is also Reported in: 18 BLC (HCD) (2013) 166.
......dies accordingly.
However, there shall be no order as to costs.
Ed.
This Case is also Reported in: 18 BLC (HCD) (2013) 166.
...... lost its validity due to being unduly influenced by the BVA. On any issue, if a decision is taken by any government or statutory body being unduly influenced by a third party, whose role seems to be questionable in the issue that is being dealt with by the authority, the decision loses its eff..
Category: Others | Date: 14 Mar, 2012 | Hits: 5
Noor Jahan Begum Vs. Chairman, BSCIC and others, 2012, 41 CLC (HCD)
....nt of the plaintiff was cancelled and on 31-8-1996, application for allotment of the plaintiff and was cancelled. By letter dated 22-9-1996, 20-7-2000 and 19-9-200 plaintiff was directed to hand over possession of the aforesaid plot. From 1376 BS plaintiff did not pay any land development taxes and ......ment of the plaintiff and was cancelled. By letter dated 22-9-1996, 20-7-2000 and 19-9-200 plaintiff was directed to hand over possession of the aforesaid plot. From 1376 BS plaintiff did not pay any land development taxes and from 1972 plaintiff did not pay any bill. In 60th Board meeting dated 13-......udgment at once. Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 12. ...... No.1022 (F) of 2005 is accordingly discharged. Send down the lower court records. Communicate this judgment at once. Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 12. ..Category: Civil Law | Date: 12 Mar, 2012 | Hits: 10
....iled at the resistance of local people and police force. A Police Case being Savar P.S. Case No.21 dated 25.06.1991 has been started over that incident. That the plaintiff has got no right, title and possession in the suit land, rather the defendants have been possessing the this land for the last......opposite party No.1, as plaintiff, filed Title Suit No.218 of 1991 before the Joint District judge, 2nd Court, Dhaka for permanent, injunction stating, inter-alia, that the suit Sand along with other lands belonged to Kadam Mia, Kuran Mia, Nur Khatun, Abdul Malek, Asia Khatun and Amode Ali and from ......in Civil Revision No.314 of 2005, is set aside.
Ed.
This Case is also Reported in: 9 ADC (2012) 644.
......d disposal afresh. The impugned judgment and order passed by the High Court Division in Civil Revision No.314 of 2005, is set aside.
Ed.
This Case is also Reported in: 9 ADC (2012) 644.
..
Category: Property Law | Date: 12 Mar, 2012 | Hits: 94
Shahidur Rahman Khadem Vs. State and others, 2012, 41 CLC (AD)
....r sale of a flat at Gulshan, Dhaka at Tk. 60,00,000 to the complainant and accordingly, a deed of agreement was executed between them and he received Tk. 60,00,000. The petitioner failed to hand over possession of the apartment to the complainant. Thereafter, another agreement was executed between t...... appeal below. These petitions are disposed of with the above observations and reduction of the sentences of fine as above. Ed. This Case is also Reported in: 64 DLR (AD) (2012) 103. ......th the above observations and reduction of the sentences of fine as above. Ed. This Case is also Reported in: 64 DLR (AD) (2012) 103. ......Sinha J. - The delay in filing of these leave petitions is condoned. Since the parties and the point of law involved in these petitions are identical, these petitions are disposed of analogously. The question arose in this way. The petitioner was tried before the Joint Metropolitan Sessions Judge, D..Category: Criminal Law | Date: 12 Mar, 2012 | Hits: 122
Human Rights and Peace for Bangladesh (HRPB) Vs. Bangladesh and others, 2012, 41 CLC (HCD)
.... Administration, Ministry of Home Affairs and Ministry of Foreign Affairs for taking necessary steps in accordance with the directions given above. Ed. This Case is also Reported in: ...... Administration, Ministry of Home Affairs and Ministry of Foreign Affairs for taking necessary steps in accordance with the directions given above. Ed. This Case is also Reported in: ......airs for taking necessary steps in accordance with the directions given above. Ed. This Case is also Reported in: ......r the same appears to have been taken in a discriminatory manner without considering the cases of the other dignitaries according to the hierarchy in the Warrant of Precedence. Hence, whenever the question of up-gradation of any dignitary from economy class to executive class without payment of ..Category: Constitutional Law | Date: 8 Mar, 2012 | Hits: 17
Mojibur Rahman (Md.) and others Vs. State, 2012, 41 CLC (HCD)
....al Judge, Dhaka and also to the Chairman of the Anti-Corruption Commission. Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 36. ......al Judge, Dhaka and also to the Chairman of the Anti-Corruption Commission. Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 36. ......i-Corruption Commission. Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 36. ......al Judge, Dhaka and also to the Chairman of the Anti-Corruption Commission. Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 36. ..Category: Anti-Corruption Laws | Date: 5 Mar, 2012 | Hits: 9
Mahbubur Rahman & others Vs. State, 2012, 41 CLC (HCD)
....of this Judgment and Order to the learned Divisional Special Judge, Dhaka and also to the Chairman of the Anti Corruption Commission. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 265. ......of this Judgment and Order to the learned Divisional Special Judge, Dhaka and also to the Chairman of the Anti Corruption Commission. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 265. ......sional Special Judge, Dhaka and also to the Chairman of the Anti Corruption Commission. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 265. ......of this Judgment and Order to the learned Divisional Special Judge, Dhaka and also to the Chairman of the Anti Corruption Commission. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 265. ..Category: Criminal Law | Date: 4 Mar, 2012 | Hits: 37
Chittagong Steel Mills Ltd. Vs. TM Syndicate & others, 2012, 41 CLC (HCD)
....btor-petitioner we find rule is incompetent. We find no substance in this rule. In the result, this rule is discharged. No costs. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 350. ......btor-petitioner we find rule is incompetent. We find no substance in this rule. In the result, this rule is discharged. No costs. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 350. ......this rule is discharged. No costs. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 350. ......e delay was not within the meaning of section 30 of the Arbitration Act read with Article 158 of the Limitation Act but that is closed chapter we are not opening that fact/dispute again. 7. On the question of submitting security, latest decision of High Court Division is that unless there be any ..Category: Alternative Dispute Resolution | Date: 4 Mar, 2012 | Hits: 316
Akkas Ali Sarder Vs. State, 2012, 41 CLC (HCD)
....riminal Revision No.54 of 1996 is set-aside and quashed. The order of stay granted at the time of issuance the Rule is hereby vacated. Ed This Case is also Reported in: 64 DLR (HCD) (2012) 483. ......e that nothing in the Criminal Procedure Code does so limit or affects its inherent power………………………………(14) The Courts exist not only for securing obedience to the law of the land but also for securing the ends of justice in its widest sense. Inherent power of the High Court......d quashed. The order of stay granted at the time of issuance the Rule is hereby vacated. Ed This Case is also Reported in: 64 DLR (HCD) (2012) 483. ...... Judge, Rajbari allowing the Criminal Revision No.54 of 1995 being illegal be set-aside and the Judgment and order of acquittal dated 29-08-1995 in GR Case No.54 of 1996 be confirmed. 12. The only question that survives for the determination in this case is whether the inherent power under sectio..Category: Criminal Law | Date: 4 Mar, 2012 | Hits: 117
Abdul Wahab Sheikh Vs. Md. Kamal Hossain alias Md. Kalam Hossain & Others, 2012, 41 CLC (AD)
....n (2) of Section 29 of the Limitation Act have made it very clear. However, this appeal is disposed of with the above observations. Ed. This Case is also Reported in: 20 BLT (AD) (2012) 282. ......n (2) of Section 29 of the Limitation Act have made it very clear. However, this appeal is disposed of with the above observations. Ed. This Case is also Reported in: 20 BLT (AD) (2012) 282. ......is appeal is disposed of with the above observations. Ed. This Case is also Reported in: 20 BLT (AD) (2012) 282. ......with section 29(2) of the Limitation Act in the case of Abu Basher Vs. Investment Corporation of Bangladesh and another reported in 52 DLR (AD) 178 is the correct statement of law." 8. So the only question which will have to be answered in this appeal is whether Section 14 of the Limitation Act i..Category: Limitation Law | Date: 3 Mar, 2012 | Hits: 208
Md. Nurul Alam alias Nurul Alam Chowdhury Vs. State, 2012, 41 CLC (AD)
....ppreciation of the law and facts, does not call for any interference by this Division. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: 9 ADC (2012) 627. ......am Chowdhury alias Shafi alias Mohammad Shafiul Azam, Nurul Alam, Nurul Absar, Saiful Islam, Uzzal Barua, Nurul Islam and Golam Mawla being armed with deadly weapons, illegally trespassed into vacant land lying beside the home of the informant, S.M. Iqbal Hossain, and tried to construct a boundary......or any interference by this Division. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: 9 ADC (2012) 627. ......ppreciation of the law and facts, does not call for any interference by this Division. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: 9 ADC (2012) 627. ..Category: Criminal Law | Date: 1 Mar, 2012 | Hits: 78
Rahima Khatun and another Vs. Sufia Begum and others, 2012, 41 CLC (HCD)
....ssed declaring title of a person, Court of appeal below being final Court on facts on misreading the law, committed gross illegality in decreeing the suit holding plaintiff has been able to prove his possession. 6. Mrs. Nasima Akhter Shanu, the learned Advocate for Mr. ABM Nurul Islam, Advocate......3 on reversing those dated 31-7-1995 passed by the learned Assistant Judge, 4th Court, Sadar, Naogaon. 2. The case of plaintiff is that Prasanna Kumar Pramanik was the original owner of the suit land and on his death his sons, Profullah and Suresh became the owner of entire suit properly. Profu......Case is also Reported in: 18 BLC (HCD) (2013) 191 21 BLT (HCD) (2013) 39 ...... of summons in the suit, it was no function of the High Court Division to sit in appeal over this finding while exercising revisional jurisdiction. The High Court Division was only concerned with the question as to whether the appellate Court in giving that finding, committed any error of law result..Category: Property Law | Date: 23 Feb, 2012 | Hits: 6
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