Search Options
Judgment Advanced Search
Displaying 4101-4120 of 6460 results.
M. Abul Quashem & ors. Vs. Moulvi Abdur Rab Miah & others, 2002, 31 CLC (HCD)
....ial Court issued show cause notices upon the defendant-petitioners, along with it also granted ad‑interim injunction restraining them from encroaching upon the suit land and disturbing the peaceful possession of the plaintiffs‑opposite party Nos. 1 & 2. Thereafter, on 3‑2‑1996 the plaintiffs......rial facts for disposal of the Rule are that the defendants in the original suit are the 2 as plaintiffs instituted the Title Suit No. 28 of 1994 for declaration of their title in respect of the suit land described in 'Ka' schedule of the plaint and for further declaration that the decree in questio......hem & ors……………..……Defendants petitioners Vs. Moulvi Abdur Rab Miah & others…………..….Opposite party Judgment July 22, 2002. Case Referred To- Mosharraf Hossain Mia Vs. Mosammat Hasina Begurn anothers, 43 DLR 254. Lawyers Involved: Farid Ahmed on beha...... plaintiffs instituted the Title Suit No. 28 of 1994 for declaration of their title in respect of the suit land described in 'Ka' schedule of the plaint and for further declaration that the decree in question as described in 'Kha' schedule of the plaint was fraudulent and not binding upon them. The..Category: Property Law | Date: | Hits: 28
Gazi Tayebur Rahman Vs. Saikh Md. Ali and others, 2002, 31 CLC (HCD)
....pre‑empress opposite party Nos.1 and 2 under section 151 of the Code was also rejected on 18‑1‑94. Thereafter, on 30‑10‑95 the pre‑emptor petitioner filed an application for delivery of possession of the pre‑empted land on the basis of the ex parte order dated 21‑9‑93 passed in t......s.1 and 2 under section 151 of the Code was also rejected on 18‑1‑94. Thereafter, on 30‑10‑95 the pre‑emptor petitioner filed an application for delivery of possession of the pre‑empted land on the basis of the ex parte order dated 21‑9‑93 passed in the original Miscellaneous Case .......- By this Rule opposite party Nos. 1 and 2 were called upon to show cause as to why the judgment and order dated 21‑4‑96 passed by the learned Assistant Judge, Dacupe Court under Khulna District in Miscellaneous Case No. 37 of 1993, should not be set aside. 2. The petitioner as pre‑emptor ......ees opposite party Nos. 1 and 2, the learned Assistant Judge restored the Miscellaneous Case No. 37 of 1993 to its file and number upon setting aside the dismissal order dated 16‑11‑93. The legal question that has been argued before me is, as to whether the learned Assistant Judge in exercise of..Category: Property Law | Date: | Hits: 36
M Mojibul Haque Vs. DG, Bangladesh Bureau of Anti-Corruption & ors., 2001, 30 CLC (HCD)
....l Chanda Dwarkadas Morarka Vs. King, AIR (1948) (PC) 82. In the premises, the Rule is made absolute without any order as to costs. Ed. This Case is also Reported in: 55 DLR (2003) 24. ......l Chanda Dwarkadas Morarka Vs. King, AIR (1948) (PC) 82. In the premises, the Rule is made absolute without any order as to costs. Ed. This Case is also Reported in: 55 DLR (2003) 24. ....... In the premises, the Rule is made absolute without any order as to costs. Ed. This Case is also Reported in: 55 DLR (2003) 24. ......und which commends to them that on political and economic grounds it regards a prosecution as inexpedient. Since the facts of the case are not referred to on the face of the sanction, the sanction in question is illegal and perverse. This view finds support in the decision in the case of Gakul Chand..Category: Anti-Corruption Laws | Date: | Hits: 138
....Police Station Kaliakair, District Gazipur originally belonged to Raj Kishore Paul, his brother Joy Kishore Paul and Ray Kishore Paul, Hara Kishore Paul, and Rain Kishore Paul; that while in peaceful possession the aforesaid owners through a kabala dated 7-4-1972 transferred 1.40 acres of land to Ka......of no legal effect.
3. In Writ Petition No.964 of 1994 Petitioners Aliluddin and seven others challenged the impugned order dated 6-4-1994 (Annexure ‘L’ contending inter alia that a quantum of land measuring 5.61 acres appertaining to CS Khatian No. 21 corresponding to SA Khatian No.30 and CS......In the result, the Rules are discharged without however any order as to costs.
Ed.
This Case is also Reported in: 52 DLR (HCD) (2000) 112. ......the respondents (In both the Writ Petitions).
Writ Petition No. 964 of 1994
with
WP No.1170 of 1994.
Judgment
M A Aziz J.- These two Rules having involved similar facts and a common question of law are taken up together and disposed of by a single Judgment.
2. The above Rules we..
Category: Property Law | Date: | Hits: 31
Osman Ali (Md) Vs. Md. Makbul Hossain and Others, 1999, 28 CLC (HCD)
....se of the case within 3 months from the return of service of notice for hearing upon the parties after the receipt of the case record. Ed. This Case is also Reported in: 52 DLR (HCD) (2000) 109. ...... 31 of 1984 to its file and number on setting aside the order of dismissal for default. 2. This case exposes the dismal condition of the trial system. On 15-12-73 the petitioner purchased the case land by a deed of sale registration of which was completed on 16-10-75. 3. On 26-12-75 the opposi......(HCD) (2000) 109. ......se of the case within 3 months from the return of service of notice for hearing upon the parties after the receipt of the case record. Ed. This Case is also Reported in: 52 DLR (HCD) (2000) 109. ..Category: Civil Law | Date: | Hits: 69
Firojul Islam (Md) (Firoj) Vs. Zahanara Akter, 1999, 28 CLC (HCD)
....efore called for. Resultantly, this Rule stands discharged both on the question of maintainability and also on merit. No costs. Ed. This Case is also Reported in: 52 DLR (HCD) (2000) 107. ......efore called for. Resultantly, this Rule stands discharged both on the question of maintainability and also on merit. No costs. Ed. This Case is also Reported in: 52 DLR (HCD) (2000) 107. ...... Firojul Islam (Md) (Firoj)…………..Petitioner Vs. Zahanara Akter…………………………..Opposite Party Judgment December 2, 1999. Lawyers Involved: Md. Abul Kalam Moinuddin, Advocate—For the Petitioner. Khurshid Alam Khan with Farida Yeasmin, Shahnaj Bablee an......ily Court to the Court of District Judge. The word “Order” has not been defined in the Ordinance. The word “Order” in widest sense may be said to include any decision rendered by a court on a question between the parties of a proceedings before the Court and the same can be construed or read..Category: Family Law | Date: | Hits: 185
Idrish Ali Bhuiyan (Md) Vs. Dr. Alauddin Ahmed & ors., 2002, 31 CLC (HCD)
....g out the name of respondent Nos. 1‑3, 8 & 9 and the prayers 'b', ‘c’, ‘d’ & ’e’ in the prayer portion of the election petition. Ed. This Case is also Reported in: 55 DLR (2003) 19.......g out the name of respondent Nos. 1‑3, 8 & 9 and the prayers 'b', ‘c’, ‘d’ & ’e’ in the prayer portion of the election petition. Ed. This Case is also Reported in: 55 DLR (2003) 19.......prayers 'b', ‘c’, ‘d’ & ’e’ in the prayer portion of the election petition. Ed. This Case is also Reported in: 55 DLR (2003) 19.......eme Court) 1185 wherein their Lordships observed: “....It is well settled that it is a special right conferred under a self‑contained special law and the court will have to seek answer to the question raised within the four comers of the Act and the powers of the court are circumscribed by i..Category: Election Law | Date: | Hits: 85
Hanif Ali (Md) Vs. Hajera Khatun and others, 2002, 31 CLC (HCD)
....as been paying usual rents. The original owner Ahmed Ali sold 0.27 acres of land from Plot No. 3033 to Tepamadhupur Awlia Madrasha by a registered kabala deed dated 18‑3‑1963 and gave delivery of possession of that land. That while said Madrasha possessing the land, its Secretary being authorise...... 2. The circumstances which led to this Rule may briefly be stated as follows:‑ The petitioner was the defendant No. 2 in Other Suit No. 38 of 1984 and prayed for saham in respect of .87 acres of land. The plaintiff No. 2 took settlement of .40 acres of land from Plot No. 7990 by virtue of dakhi......made absolute. The Code of Civil Procedure, 1908 (V of 1908); Order XVIII rule 17 Order XVIII rule 17 empowers the Court to re‑call at any stage a witness who has been examined and cross-examined. The powers under the rule are very wide and Court can re‑call witness eve......ction to allow the amendment which will cause disturbance to the preliminary decree and the suit shall have to be reopened for fresh adjudication causing serious injury to the defence. 11. Now the question arises whether the Court below was justified in passing the impugned judgment and order. ..Category: Property Law | Date: | Hits: 34
Habib (Md) and another Vs. State represented by the Deputy Commissioner, 1999, 28 CLC (HCD)
....eport that the stock of 13670 cartons milk powder was removed from the godown by the accused persons in collusion with each other but we have found that the present two petitioners had no control and possession over the property and there was also no entrustment of that property in their favour. The...... proceedings of GR Case No. 929 of 1998 so far it relates to the present petitioners Md. Habib and Ahmed Abdullah Lokman are quashed. Ed. This Case is also Reported in: 52 DLR (HCD) (2000) 105. ......it relates to the present petitioners Md. Habib and Ahmed Abdullah Lokman are quashed. Ed. This Case is also Reported in: 52 DLR (HCD) (2000) 105. ......rs are at liberty to move under section 241A of the Code of Criminal Procedure for discharging them and their application under section 561A of the Code of Criminal Procedure is misconceived. Similar question came for decision before the Appellate Division in the case of Latifa Akter Vs. State repor..Category: Criminal Law | Date: | Hits: 39
Kalur Hat KC Bilateral School Vs. Sabbir Hossain Chowdhury & others, 1999, 28 CLC (HCD)
....in Rent Suit No. 889 of 1942. Md. Mahbub Hossain Prodhan purchased the suit land along with other land in auction on 11-12-1942 in Rent Execution Case No.1955 of 1942 and accordingly, got delivery of possession through Court on 5-5-1943. Said Mahbub Hossain being the owner in possession granted sett......Class Suit No. 7 of 1996 and allowing the appeal and setting aside the order dated 2-2-97 and upholding the order dated 1-10-96 and directing the parties to maintain status quo in respect of the suit lands. 2. The present petitioner being plaintiff instituted the said suit for declaration of titl......s restored. Ed. This Case is also Reported in: 52 DLR (HCD) (2000) 102.......nd directed the parties to maintain status quo. 14. It appears that the learned District Judge has not adverted to the reasons given by the plaintiff’s judge in coming to his own findings on the question of prima facie title, convenience and inconvenience of the parties. 15. The order of sta..Category: Property Law | Date: | Hits: 21
Shahjahan Ali Khan (Md) and others Vs. Bangladesh, 1999, 28 CLC (HCD)
....ion of Article 116A of the Constitution. 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) 99. ......ot being at a due amount same has caused serious financial loss to the petitioners. 4. Petitioners being not satisfied with the amount of compensation that was assessed in respect of 4.55 acres of land preferred Arbitration (revision) Case No. 8 1996 before the Arbitration Tribunal (Subordinate J......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) 99. ...... not maintainable in that on mere apprehension of not having/receiving adequate compensation in respect of the land acquired legality of the law providing compensation for the land acquired cannot be questioned. Learned Deputy Attorney-General also submits that the contention of the petitioners that..Category: Alternative Dispute Resolution | Date: | Hits: 191
Humayun Majid Vs. Bangladesh Bureau of Anti-Corruption and ors., 2000, 29 CLC (HCD)
....liabilities including the case property, fell into the share of and was taken over by the former partner Abdul Majid, father of the petitioner. While the petitioner’s father Abdul Majid had been in possession and control of the case property as the absolute owner inducted therein tenants and kept ......thout any lawful authority and to be of no legal effect. 2. The short facts leading to the issuance of the Rule are, that the then Government of erstwhile East Pakistan granted lease of a piece of land measuring 10.88 kathas to M/S M Enam Elahi & Brothers, a family partnership firm amongst th......gainst the respondent No. 6 and no order as to cost is made against other respondents. Ed. This Case is also Reported in: 54 DLR (2002) 12. ......Shaheen, Deputy Attorney- the Respondents 1-5. SM Munir Advocate—For the Respondent No. 6. Writ Petition No. 7796 of1997. Judgment Syed JR Mudassir Hussain J.- The petitioner calls in question the proceedings contained in File No. 173-97/TA; FO/3/20069 dated 26-11-97 (Annexure C) and..Category: Anti-Corruption Laws | Date: | Hits: 232
Jahiruddin Ahmed Vs. Yasinuddin and others, 1998, 27 CLC (HCD)
.... after giving opportunities to the contending parties to represent their respective cases. Send down the lower Court records at once. Ed. This Case is also Reported in: 52 DLR (HCD) (2000) 97....... after giving opportunities to the contending parties to represent their respective cases. Send down the lower Court records at once. Ed. This Case is also Reported in: 52 DLR (HCD) (2000) 97.......ties to represent their respective cases. Send down the lower Court records at once. Ed. This Case is also Reported in: 52 DLR (HCD) (2000) 97....... of the witnesses, is that, the accused persons are totally innocent and have been falsely implicated in the case out of ancient grudge and enmity. The defence further contended that the Neem Tree in question was sold to them by the informant and the police seized the same in connection with a crimi..Category: Criminal Law | Date: | Hits: 30
Saroj Kanta Sarker Vs. Seraj‑ud‑Dowla & ors., 2003, 32 CLC (HCD)
....nd his brother pro‑forma defendant No. 3 were separate but in fact, it was agreed between the plaintiff, defendant No. 1 and pro‑forma defendant No. 3 that defendant No. 1 would continue to enjoy possession of total 5.143 acres of land covered by two contracts and after receipt of Taka 60,36,533......a, which was on transfer to the above court renumbered as Title Suit No. 14 of 2001. Plaintiff instituted the suit for specific performance of a contract and for a 'Kabala' in respect of 1.52 acre of land. 3. Plaint case, in short, is that defendant No. 1 entered into a contract with the plaintif......Case is also Reported in: 56 DLR (2004) 39. ......he appeal is allowed with cost. Impugned judgment and decree are hereby set aside. The suit is dismissed. Send down the LCR at once. Ed. This Case is also Reported in: 56 DLR (2004) 39. ..Category: Civil Law | Date: | Hits: 78
Shahidul Islam (Md) alias HM Shahid Vs. State, 2003, 32 CLC (HCD)
....he accused appellant. The victim girl PW 2 also stated in her cross examination that she did not file any GD with the police nor filed any case to recover those letters and the photographs from the possession of the accused appellant. 16. The said letters and photographs have been brought on re......used appellant Md. Shahidul Islam alias HM Shahid, son of Md. Afseruddin Howlader be set at liberty forthwith if not wanted in any other case. Ed. This Case is also Reported in: 56 DLR (2004) 35.......hid, son of Md. Afseruddin Howlader be set at liberty forthwith if not wanted in any other case. Ed. This Case is also Reported in: 56 DLR (2004) 35.......letter shown to her was the letter written by her to the Nikah Registrar to solemnise their marriage but she said that she was made to write that letter while at Jessore by force. In reply to another question in cross-examination this witness has stated that she did not file any GD or any case for r..Category: Criminal Law | Date: | Hits: 43
Abdul Kader Mirza and another Vs. Bangladesh, 2003, 32 CLC (HCD)
....he Writ Petition No. 5951 of 2003 is disposed of with the direction as given above and Writ Petition No. 6047 of 20031 is rejected summarily. Ed. This Case is also Reported in:56 DLR (2004) 31. ......he Writ Petition No. 5951 of 2003 is disposed of with the direction as given above and Writ Petition No. 6047 of 20031 is rejected summarily. Ed. This Case is also Reported in:56 DLR (2004) 31. ......o. 6047 of 20031 is rejected summarily. Ed. This Case is also Reported in:56 DLR (2004) 31. ......Judge, Chittagong to Druta Bichar Tribunal, Chittagong. 3. In the aforesaid two applications the vires of the same law and the vires of same Notification thereunder have been challenged and common question of law is involved and we are therefore, pronouncing this single order, which shall govern ..Category: Criminal Law | Date: | Hits: 50
National Bank Ltd. and others Vs. Habib Bank Ltd. and others, 2002, 31 CLC (HCD)
....cting agent of the supplier. 7. In his cross-examination this witness stated that he is in the service of the plaintiff since 1976 and he represents Habib Bank, and that all the documents in their possession were filed in Court. He further stated that their prayers were for reimbursement against ......f 1987 came to learn from Aqua Marine Ltd on the 20th March, 1986, that the vessel MV Del Santiago carrying the cargo of cement for him in Bangladesh sank on 18th March, 1986 about 30 miles of Mias Island and, as such, he instructed the National Bank Ltd, Khulna, to stop payment on the concerned bil......nts. Vs. Habib Bank Ltd. and others..............Respondents Judgment February 18, 2002. Cases referred to- Bankers Trust Co. vs. State Bank of Indict (1991) 2 Lloyd's Report 443; Hing Yip Hing Fat Co. Ltd. vs The Daiwa Bank Ltd. of Honk Kong High Court; Miller vs Bahii Madho Das ......al. He further held that since the payment was refused much before sending of the documents on some other grounds, the so-called delay cannot outdo or vitiate the plaintiffs claim for payment. On the question raised by the defendant that the concerned letter of credit was on collection basis, the le..Category: Business or Commercial Law | Date: | Hits: 202
Abul Hossain and others Vs. State and another, 2003, 32 CLC (HCD)
....esolved and decided in the case only on a proper discussion and assessment of evidence on record. This application is rejected summarily. Ed. This Case is also Reported in: 56 DLR (2004) 12. ...... Magistrate, 1st Class, Nilphamari on 6‑11‑1996 against the accused-petitioners alleging, inter alia, that his father has been the owner, possessor and person in interest of 0.6 decimals of paddy land under Nilphamari Bazar Khatian No. old 152, present 96, plot No. 2376 and that on 30‑10‑199......er discussion and assessment of evidence on record. This application is rejected summarily. Ed. This Case is also Reported in: 56 DLR (2004) 12. ......o non appreciation and mis-appreciation of evidence on record the judgment of the learned Magistrate is a perverse one. 17. In the case of Abdus Salam vs. State, 12 DLR 100 it was held that "the question as to whether there should be or should not be re‑trial should be based upon an assessmen..Category: Criminal Law | Date: | Hits: 34
....al of land as she occupied the land of petitioner's wife Mrs. Nuri Aktar illegally. In the 1st week of November, 2002 the petitioner and his wife requested said Ferdous Ara Khanam to hand over vacant possession of the said 1 (one) decimal of land in their favour which infuriated her and she told tha......us‑Ara Khanam of 58/A Senpara (Parbata) Section 10, Mirpur Dhaka a neighbour of the petitioner is the Behan of the present Minister in charge of the Ministry of Environment and Forest. Recently a land dispute arose between the petitioner's wife and said Mrs. Ferdous-Ara Khanam in respect of one ......hereby declared to have been issued without lawful authority and is of no legal effect.
Ed.
This Case is also Reported in: 56 DLR (2004) 1.
......application of the petitioner gave environmental clearance certificate to the petitioner vide office memo No. Paribesh (পরিবেশ) /4480/847 dated 9‑6‑2002 to install the Muri Factory in question in the proposed area for a period of 1(one) year with the condition that the petitioner may..
Category: Environmental Law | Date: | Hits: 226
Didarul Kabir (Md) Vs. Commissioner of Customs and others, 2001, 30 CLC (HCD)
....ischarged however without any order as to cost. The respondents are at liberty to realise the balance dues by encashing the Bank Guarantee. Ed. This Case is also Reported in: 55 DLR (2003) 11.......g cranes, etc. Heading No. 89.06 is for other vessels, including war ships and lifeboats, other than rowing boats and heading No. 89.07 is for other floating structures like rafts, tanks, cofferdams, landing stages, buoys and beacons. Heading No. 89.08 is for vessels and other floating structures fo......respondents are at liberty to realise the balance dues by encashing the Bank Guarantee. Ed. This Case is also Reported in: 55 DLR (2003) 11.......d the imposition of separate customs duties and other taxes on its various equipment, in addition to the taxes and duties levied on the vessel itself on its LDT. Further, the assessment has also been questioned as customs duties and other charges along with VAT have been calculated on the basis of t..Category: Fiscal/Taxation Law | Date: | Hits: 77
39183917391539143913391139103909390839073906390539043903390239013900389938973896