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Delwar Hossain Khan Vs. Alhaj Rustum Ali & others, 2001, 30 CLC (HCD)
....g a collusive and fraudulent compromise decree obtained forceful possession of said land with the help of police and goons, demolishing the structures and boundary walls worth Taka 30,000 and looting goods worth Taka 50000 from their purchased land. 9. The petitioner opposed both the application......Abbad Ali alias Abbas Fakir by a registered deed No. 2648. Similarly, Moina Chowdhury exhausted all his interest in said land by transfer of 2.06 acres each to other six persons 2.06 acre of land was recorded in Khatian No. 35 in SA record of rights in the name of Abbas Fakir who then died leaving h......lled and vacated. The executing Court is directed to take steps for expeditious restoration of possession to the claimants. Communicate. Ed. This Case is also Reported in: 54 DLR (2002) 328. ..Category: Property Law | Date: | Hits: 26
Mohammad Ali Vs. State, 2000, 29 CLC (HCD)
.... down the LC record along with a copy of this judgment to the trial Court concerned immediately for information and necessary action. Ed. This Case is also Reported in: 52 DLR (HCD) (2000) 245. ...... the case, received the two dacoits who were apprehended by the villagers on the date of lodging of FIR, prepared sketch-map with separate index of the place of occurrence, examined the witnesses and recorded their statements under section 161 of the Code of Criminal Procedure, got the confessional ...... down the LC record along with a copy of this judgment to the trial Court concerned immediately for information and necessary action. Ed. This Case is also Reported in: 52 DLR (HCD) (2000) 245. ..Category: Criminal Law | Date: | Hits: 89
Category: Intellectual Property Law | Date: | Hits: 167
Category: Constitutional Law | Date: | Hits: 482
Shan Hosiery Vs. Bangladesh Jatiya Shamabaya Shilpa Samity Ltd and others, 2002, 31 CLC (HCD)
....t his consent dispossessed of immovable property otherwise than in due course of law. The section provides for a summary procedure in order to discourage people to take law in their own hands however good their title may be. Even the Government under the rule of law as enshrined in our Constitution ...... taken on its face value that does not say that the plaintiff admitted thereby to have vacated the possession of the suit premises on or before 12-5-1997. Even the learned Subordinate Judge could not record a positive finding that the plaintiff vacated the possession of the suit premises on or befor......th the suit in accordance with law. Order of stay as granted at the time of issue of the Rule is hereby recalled and vacated. Communicate. Ed. This Case is also Reported in: 54 DLR (2002) 291...Category: Property Law | Date: | Hits: 31
Ramesh Chandra Chowdhury @ Das Vs. Naresh Chandra Das @ Chowdhury, 1999, 28 CLC (HCD)
....te of receipt of this order. Let a copy of this order be forwarded to the Court of the learned Subordinate Judge Narshingdi at once. Ed. This Case is also Reported in: 52 DLR (HCD) (2000) 227.......l Procedure has no application in the present case. 6. I have considered the submission of the learned Advocates for the parties and perused the impugned Order and all other materials available on record. It appears that in the suit for declaration that certain exchange deeds are illegal, void, i......te of receipt of this order. Let a copy of this order be forwarded to the Court of the learned Subordinate Judge Narshingdi at once. Ed. This Case is also Reported in: 52 DLR (HCD) (2000) 227...Category: Property Law | Date: | Hits: 39
Tofazzal Hossain (Md) and others Vs. Momtaz Begum & others, 1999, 28 CLC (HCD)
....turia in Miscellaneous (Pre-emption). No.5 of 1995 allowing pre-emption are affirmed. Send down the lower Court records immediately. Ed. This Case is also Reported in: 52 DLR (HCD) (2000) 223.......ated and the same has occasioned failure of justice. The learned Counsel further submits that the learned Courts below erred in law in not properly discussing and considering the material evidence on record and the same has also occasioned failure of justice. 8. Mr. Shawkat Ali Khan, the learned ......turia in Miscellaneous (Pre-emption). No.5 of 1995 allowing pre-emption are affirmed. Send down the lower Court records immediately. Ed. This Case is also Reported in: 52 DLR (HCD) (2000) 223...Category: Property Law | Date: | Hits: 31
Shah Alam (Md.) Vs. Abul Kalam and others, 2001, 30 CLC (HCD)
....purchaser was living abroad due service could only be effected in accordance with provisions of Order V rule 25 of the Code, and service upon Shafiullah was rightly not accepted by the trial Court as good service. Lastly, he submits that the trial Court having considered and condoned the delay under......ies is whether the purchaser is entitled to any relief in accordance with law. 3 witnesses were examined on behalf of the purchaser while the preemptors examined 5 witnesses. 6. On the evidence on record, the trial Court has found that the purchaser lives in Abu Dhabi; that service upon his fathe......ulsum, as wife of the pre-emptee, made an application on his behalf under Order IX rule 13 of the Code being Miscellaneous Case No.21 of 1998 for setting aside the ex parte order on the ground of non-service of summons. Her case, in short, is that her husband is staying abroad since before her marri..Category: Limitation Law | Date: | Hits: 175
Protima Sen and others Vs. Chitra Rani Dey and another, 1999, 28 CLC (HCD)
.... of an undivided homestead or dwelling house against the onslaught of an outsider. The object of this legislation is reasonable and it is quite in consonance with the principle of equity, justice and good conscience…………………………..(17) Cases Referred to- AIR 1973 Allahabad, 54......t opposite party No.1 filed a Civil Petition for Leave to Appeal before the Appellate Division in Civil Petition No. 598 of 1996 but the same was ultimately dismissed by order dated 2-2-97. After the records of the suit reached the trial Court the plaintiff petitioners on 10-4-97 filed an applicatio......of the order of the Court. Communicate the order to the learned Court below immediately for his information and necessary action. Ed. This Case is also Reported in: 52 DLR (HCD) (2000) 218. ..Category: Property Law | Date: | Hits: 42
Dr. Mohiuddin Khan Alamgir Vs. Government of the People’s Republic of Bangladesh, 2010, 39 CLC (AD)
.... rejection of nomination paper set aside in accordance with law, are of no consequence. The leave petition is accordingly dismissed. Ed. This Case is also Reported In: 62 DLR (AD) (2010) 425....... petitioner and Mr Mahmudul Islam, the learned Counsel appearing for the respondent Nos.2-3 and perused the petition and the impugned judgment and order of the High Court Division and other papers on record. 13. It appears that the High Court Division relied on the case of AKM Mayeedul Islam Vs. ...... rejection of nomination paper set aside in accordance with law, are of no consequence. The leave petition is accordingly dismissed. Ed. This Case is also Reported In: 62 DLR (AD) (2010) 425...Category: Election Law | Date: | Hits: 127
Category: Criminal Law | Date: | Hits: 39
Nure Alam and others Vs. State, 2002, 31 CLC (HCD)
....oner, Tangail will take immediate step to secure his arrest to serve out the sentence. Send down the lower Court’s record immediately. Ed. This Case is also Reported in: 54 DLR (2002) 242. ...... Chairman informing the police about the murder of Sukur Mahmud. GD Entry No. 583 dated 19-3-1990 contains information as regards the occurrence but during trial the GD Entry was not available in the record nor the prosecution produced the aforesaid GD Entry in the trial Court and subsequent first i......oner, Tangail will take immediate step to secure his arrest to serve out the sentence. Send down the lower Court’s record immediately. Ed. This Case is also Reported in: 54 DLR (2002) 242. ..Category: Criminal Law | Date: | Hits: 42
Parimal Chandra & others Vs. Shaheda Begum and others, 1999, 18 CLC (HCD)
....which could not, in spite of due diligence, have been known to the party or being produced at the time of hearing or the Court has overlooked some material questions of fact or law which would have a good bearing on the decision of the case or there is otherwise some apparent mistake or error on the......rties on illegal and irrelevant. The learned Advocate further submits that the learned Court of appeal below evidently erred in law in passing the impugned judgment basing on materials not brought on record legally and on wholly inadmissible pieces of evidence, clearly falling outside the purview of......rdinate Judge, Barguna in Title Suit No.18 of 1987 decreeing the suit are maintained. Send down the lower Court records immediately. Ed. This Case is also Reported in: 52 DLR (HCD) (2000) 206...Category: Procedural Law | Date: | Hits: 81
Bashiruddin (Md) Vs. Bangladesh and others, 1999, 18 CLC (HCD)
....that also made direction to place the matter before him on 16-7-1998, that the Divisional Commissioner disposed of the appeal on 12-8-1998 upon making order for leasing the fishery afresh upon making good publicity of the Tender, that as against the order of the Divisional Commissioner, petitioner w......self shows that there was something fishy in the matter of leasing out the fishery to the petitioner; that allegation of disposing of the appeal without hearing the petitioner is not correct and that records of the fishery was transmitted to the office of the Divisional Commissioner for approval of ......t of the petitioner is not a merited one. In view of the discussion made above the Rule is discharged without any order as to costs. Ed. This Case is also Reported in: 52 DLR (HCD) (2000) 201...Category: Property Law | Date: | Hits: 33
Mahbubul Huq (Md) Vs. Md. A Kader Munshi & others, 1999, 18 CLC (HCD)
....e time limited for instituting a suit or making an application- (a) against the person guilty of the fraud or necessary thereto, or (b) against any person claiming through him otherwise than in good faith and for a valuable consideration, shall be computed from the time when the fraud first......he plaintiff opposite party No.1 filed the suit being Title Suit No.17 of 1998 alleging, in short, inter alia, that the suit property belonged to Bani Amin and Arab Ali, the predecessors who were the recorded tenants of CS khatian, that during the revisional settlement operation the said land was wr......e copy of this judgment and order. The office is hereby directed to send a copy of this judgment to the trial Court at the earliest. Ed. This Case is also Reported in: 52 DLR (HCD) (2000) 194...Category: Property Law | Date: | Hits: 64
Nazem Uddin Vs. Election Tribunal and others, 1999, 18 CLC (HCD)
....to cost and the stay order 23-3-98 staying further proceeding of case No.1/98 pending before the Election Tribunal is hereby vacated. Ed. This Case is also Reported in: 52 DLR (HCD) (2000) 189. ......y. 4. Mr. AK Azad, the learned Advocate appearing for the respondent No.2 has however submitted that the amendment is a very formal one and by way of clarification of the fact which are already on record and, as such, has not changed the nature or character of the case, far less introduction of a......to cost and the stay order 23-3-98 staying further proceeding of case No.1/98 pending before the Election Tribunal is hereby vacated. Ed. This Case is also Reported in: 52 DLR (HCD) (2000) 189. ..Category: Election Law | Date: | Hits: 78
Abdus Salam Vs. Md. Munshi Rashed Kamal & another, 2002, 31 CLC (HCD)
....rt to override other laws. It is easy to see that this Court cannot have any inherent jurisdiction to strike down the law of limitation. The law of limitation is so inexorable that a person loses his good title on account of the law of limitation.” 15. Now the cardinal question of the instant c......o whether the complainant-opposite party served the notice within the statutory period of 15 (fifteen days) as required under clause (b) of section 138 of the Act or after expiry. It appears from the record as well as facts of the case that the cheque in question was issued on 18-6-2000 but deposite......stay granted earlier by this Court is vacated. Let a copy of this judgment be sent to the Court of Chief Metropolitan Magistrate, Dhaka. Ed. This Case is also Reported in: 54 DLR (2002) 234. ..Category: Criminal Law | Date: | Hits: 62
Elders Ltd. Vs. Sunil Chandra Chowdhury & another, 2002, 31 CLC (HCD)
.... sentence him to pay fine of Taka 2,000 (two thousand) only and in default to suffer simple imprisonment for a period of 15 (fifteen) days. Ed. This Case is also Reported in: 54 DLR (2002) 227. ......o the maintainability of this proceeding on the ground that from the cause title it appears that Elders Limited is the petitioner through their licensee Tradecore Pvt. Limited but there is nothing on record to show that Tradecore Pvt. Limited is the licensee of the Elders Limited and therefore, this...... sentence him to pay fine of Taka 2,000 (two thousand) only and in default to suffer simple imprisonment for a period of 15 (fifteen) days. Ed. This Case is also Reported in: 54 DLR (2002) 227. ..Category: Intellectual Property Law | Date: | Hits: 181
Santi Bhusan Deb Vs. Principal Officer, Samabaya Bank Ltd., 2001, 30 CLC (HCD)
....e affirmed. The order of stay granted by this Court stands vacated. In the result, the Rule is discharged without any order as to costs. Ed. This Case is also Reported in: 54 DLR (2002) 224. ......d Subordinate Judge was perfectly justified in dismissing the Miscellaneous appeal. 7. As for myself, I have heard both parties and perused the impugned judgments and orders and other materials on record. Admittedly, the petitioner-respondent was to pay rent of Taka 125 PM after the adjustment of......e affirmed. The order of stay granted by this Court stands vacated. In the result, the Rule is discharged without any order as to costs. Ed. This Case is also Reported in: 54 DLR (2002) 224. ..Category: Property Law | Date: | Hits: 34
Mafizul Hoq Bebu (Md) Vs. Majida Begum and others, 2001, 30 CLC (HCD)
....e is hereby re-called and vacated. The learned Subordinate Judge is directed to dispose of the suit in accordance with law. Communicate. Ed. This Case is also Reported in: 54 DLR (2002) 219. ......the suit. The learned Subordinate Judge rightly rejected the said application. 9. We have heard the learned advocates both the parties and perused the revisional application and other materials on record. It appears from the prayer portion of the plaint of Title Suit No. 175 of 1999 that the plai......e is hereby re-called and vacated. The learned Subordinate Judge is directed to dispose of the suit in accordance with law. Communicate. Ed. This Case is also Reported in: 54 DLR (2002) 219. ..Category: Property Law | Date: | Hits: 28