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Chairman, RAJUK Vs. Abdul Matin Crore, 2006, 35 CLC (HCD)
....endant induced the bidder to participate in auction showing incorrect nature of land in the auction notice published in the newspaper. After registration of lease agreement dated 2-12-1990 and taking possession, the plaintiff came to learn from the report on soil test dated December, 1990 that there......after, defendant vide its Office Letter dated 23-1-1990 issued letter of allotment in favour of the plaintiff. The defendant induced the bidder to participate in auction showing incorrect nature of land in the auction notice published in the newspaper. After registration of lease agreement dated 2...... High Court Division (Civil Appellate Jurisdiction) Present: Siddiqur Rahman Miah J SM Ziaul Karim J Chairman, RAJUK.........Appellant Vs. Abdul Matin Crore..........Respondent Judgment May 25, 2006. Cases Referred To- M......p by garbage, and for the construction of his 18-storied building, he had to expend an excess amount of Taka 80,00,000 for foundation and piling. The defendant disowned such plea. 19. Now, the question that calls for our consideration is, whether the learned Subordinate Judge, First Court, ..Category: Property Law | Date: | Hits: 31
Muktar Hossain and others Vs. A Matin Sarker and others, 2007, 36 CLC (HCD)
.... if necessary, on further evidence that may be adduced by the parties. 18. Send down the records at once. Communicate. Ed This Case is also Reported in: 59 DLR (2007) 116. ......rayer for preemption. 2. Petitioners made an application under section 96 of the State Acquisition and Tenancy Act, 1950 (hereinafter referred to as the Act) for preemption as owners holding land contiguous to the land transferred by the predecessor of opposite party No. 4(Ka) to 4(Cha) and...... Ed This Case is also Reported in: 59 DLR (2007) 116. ...... if necessary, on further evidence that may be adduced by the parties. 18. Send down the records at once. Communicate. Ed This Case is also Reported in: 59 DLR (2007) 116. ..Category: Property Law | Date: | Hits: 27
Fazlul Hoque Patwary (Md) & others Vs. Md. Rezaul Hoque Patwary & others, 2006, 35 CLC (HCD)
.... suit property belonged to their father Bakhte Jamal Patwary who bequested each of them by executing about the suit property which is within the Lalmonirhat Paurashava and each of the brothers took possession of the same. Plaintiff has stated that there was no partition among them by metes and b......hat Paurashava and each of the brothers took possession of the same. Plaintiff has stated that there was no partition among them by metes and bounds. So he is feeling inconvenience to possess bis land. As such, he instituted Other Class Suit (Partition) No. 1 of 2005 in the Court of the Joint Di......e is rejected. Ed. This Case is also Reported in: 59 DLR (2007) 115. ......Court, Lalmonirhat is hereby set aside and the petition filed under Order XXXIX, rule 1 of the Code of Civil Procedure is rejected. Ed. This Case is also Reported in: 59 DLR (2007) 115. ..Category: Property Law | Date: | Hits: 46
Abul Bashar Sowdagar and others Vs. Bacha Meah & others, 2006, 35 CLC (HCD)
.... In the result, the Rule is discharged without any order as to costs. Sent down the LC record with a copy of the judgment. Ed. This Case is also Reported in: 59 DLR (2007) 112. ......e at Shailkopa on RS plot Nos. 4109 and 96 corresponding to RS plot No.49. 3. The case of the plaintiffs, in a nutshell, is that they are the inhabitants of Sailakupa Mouza and have cultivable lands at Sailakupa. There are about 336.52 acres of cultivable lands in Sailakupa which is a low-lyi......he judgment. Ed. This Case is also Reported in: 59 DLR (2007) 112. ...... In the result, the Rule is discharged without any order as to costs. Sent down the LC record with a copy of the judgment. Ed. This Case is also Reported in: 59 DLR (2007) 112. ..Category: Property Law | Date: | Hits: 25
Lokman Hossain @ Md. Lokman Ali (Md) Vs. State, 2003, 32 CLC (HCD)
....of the Special Powers Act. The learned Advocate further submits that none of the local witnesses namely, PW 1 & 2, has proved the factum of seizure of the alleged adulterated mustard oil from the possession of the accused and, as such, the search and seizure of alamat not being in accordance wit......nt and his sureties are discharged from their bail bonds. Sent down the LCR along with a copy of the judgment expeditiously. Ed. This Case is also Reported in: 59 DLR (2007) 109. ......ail bonds. Sent down the LCR along with a copy of the judgment expeditiously. Ed. This Case is also Reported in: 59 DLR (2007) 109. ......nt and his sureties are discharged from their bail bonds. Sent down the LCR along with a copy of the judgment expeditiously. Ed. This Case is also Reported in: 59 DLR (2007) 109. ..Category: Criminal Law | Date: | Hits: 35
Faruq (Md) Vs. State, 2006, 35 CLC (HCD)
....om where the arms and ammunition were recovered as per pointing out and bringing out by the accused appellant is an open place accessible to everyone and that the appellant did not have any exclusive possession and control over that place, was under a total obligation to prove that the accused appel......at liberty forthwith if he is not wanted in connection with any other case. Send down the lower Court records expeditiously. Ed. This Case is also Reported in: 59 DLR (2007) 104. ......with any other case. Send down the lower Court records expeditiously. Ed. This Case is also Reported in: 59 DLR (2007) 104. ......615, 8 BLT 352 are the decisions on the point. 23. Lastly, the learned Counsel for the appellant, submits that the place from where the accused-appellant brought out the arms and ammunition in question was an open place accessible to everyone and there is every likelihood of plantation in the..Category: Criminal Law | Date: | Hits: 27
Nurjahan Begum Vs. Nur Rahman and Others, 2006, 35 CLC (HCD)
....rrently found the unregistered Heba deed dated 19-6-1948 as genuine and the oral gift dated 15-12-1973 not genuine. 21. On perusal of the evidence on record it appears that being inconvenienced in possession, the plaintiff, Nurjahan Begum, filed Partition Suit No. 175 of 1992 in which the defenda......uit in part. 2. The petitioner as plaintiff filed other Suit No. 30 of 1997 in the Court of the learned Joint District Judge, Court No.1, Rangpur, praying for partition of an area of 4.70 acres of land out of the suit jote. 3. The plaintiff's case, in short, is that suit jote of schedule 'ka'......i vs Suruj Ali and others 7 DLR 94; Abdul Kader Rari and others vs Kaiser Ahmed Howlader 3 MLR 227 = 4 BLC 17; Parkash Chand vs Hans Raj, AIR 1994 HP 144; Santosh Kumar Chakraborty vs MA Motaleb Hossain 36 DLR (AD) 248; Government of Bangladesh represented by the Additional Deputy Commissioner (Rev)......ahim, Abdul Hakim, Abdul Sattar, Rahima, Rabiul, Anowar, Hamidul and Razzaqul Haider and he has been possessing the rest land mutating his name and paying rent to the government. 20. The pertinent question that calls for our determination is, whether the unregistered Heba deed dated 19-6-1948 and..Category: Property Law | Date: | Hits: 49
State Vs. Md. Roushan Mondal @ Hashem , 2006, 35 CLC (HCD)
....pressed by us in this judgment. Send down the lower Court's records along with a copy of this judgment at once. Ed. This Case is also Reported in: 59 DLR (2007) 72, 26 BLD (HCD) (2006) 549. ...... marks of injury on his body. He stated that the accused told him that the police tortured him in order to obtain a confession; that he forbade the police from torturing him; and that the accused had land dispute with said Kamal. He added that at the time of occurrence the accused was a minor. 7.......e lower Court's records along with a copy of this judgment at once. Ed. This Case is also Reported in: 59 DLR (2007) 72, 26 BLD (HCD) (2006) 549. ......d the seizure list (Exhibit 3), the sketch map (Exhibit 6) and the index (Exhibit 7). He stated that he perused the post mortem report and during the investigation arrested accused Roushan, who, upon questioning, admitted his guilt. He sent the accused to the Court for recording his statement under ..Category: Criminal Law | Date: | Hits: 167
Anhar Ahamed Chowdhury and another Vs. Md. Shamsuzzaman and others, 2006, 35 CLC (HCD)
....o. 1 is to execute and deliver a "Deed of Agreement "in respect of sale of the said apartment to the plaintiff and to execute a "Registered Sale Deed" on receipt of the full payment and hand over the possession of the apartment by June, 1998; that the defendants relied on such terms and conditions a......ived the full payment for the said apartment but with no effect; that subsequently, the plaintiff came to learn that defendant No. 1 was trying to mortgage the entire apartment building including the land to the IFIC Bank at Gulshan Branch for loan; that on being confirmed about the sanction of loan......Appellants Vs. Md. Shamsuzzaman and others………….…………….Respondents Judgment July 19, 2006. Cases Referred To- Ali Mahammad Khan (represented by his heirs) vs. Riazuddin Khera PLD 1981 Karachi 171; Shankarkal Narayan Das vs. The New Mofussil Co Ltd. and others AIR 19......eedings of Title Execution Case No. 3 of 2003 granted earlier is recalled and stands vacated. Send down the lower Court's record at once. Ed. This Case is also Reported in: 59 DLR (2007) 66. ..Category: Business or Commercial Law | Date: | Hits: 208
....e said examination for the next consecutive three years is hereby declared to have been passed illegally and without any lawful authority.
Ed.
This Case is also Reported in: 59 DLR (2007) 58.
......e said examination for the next consecutive three years is hereby declared to have been passed illegally and without any lawful authority.
Ed.
This Case is also Reported in: 59 DLR (2007) 58.
......rs is hereby declared to have been passed illegally and without any lawful authority.
Ed.
This Case is also Reported in: 59 DLR (2007) 58.
......ers are unspecified, vague and baseless, as such, the petitioners cannot be held guilty for such unfounded charges. He further submits that neither the invigilators who conducted the examination in question on the date of occurrence nor the Superintendent of the Examination Hall submitted any repo..
Category: Others | Date: | Hits: 72
Siddiqur Rahman Vs. Chairman, Divisional Labour Court and others, 2006, 35 CLC (HCD)
....expeditiously in accordance with law. Send down the Lower Court Records and a copy of the judgment and order immediately. Ed. This Case is also Reported in: 59 DLR (2007) 49. ......expeditiously in accordance with law. Send down the Lower Court Records and a copy of the judgment and order immediately. Ed. This Case is also Reported in: 59 DLR (2007) 49. ......r Court Records and a copy of the judgment and order immediately. Ed. This Case is also Reported in: 59 DLR (2007) 49. ......itioner enough opportunity of self-defence. The petitioner having never raised any objection regarding the conduct of the inquiry by duly constituted Enquiry Committee it does not lie in his mouth to question the validity of the Enquiry Committee. The Labour Court rightly found that the inquiry was ..Category: Labour and Industrial Law | Date: | Hits: 108
AKM Abdul Latif Vs. Banani Metal Limited and others, 1998, 27 CLC (HCD)
....f default in making the payment does not arise. The application for winding up of the respondent Company is, accordingly, rejected. Ed. This Case is also Reported in: 52 DLR (HCD) (2000) 62. ......pondent No. 2 that to clear up the principal dues of the petitioner the respondent No. 2 along with business partner Mr. Shahjahan Chowdhury gave the petitioner a power of attorney to sell a piece of land situated at Iswardi which the petitioner on the strength of the said power of attorney sold at ......he application for winding up of the respondent Company is, accordingly, rejected. Ed. This Case is also Reported in: 52 DLR (HCD) (2000) 62. ...... opinion that the respondent No.1 company did not take any loan rather, the loan was taken by the respondent No. 2, who has made payment of substantial amount to the petitioner. 26. Therefore, the question of default in making payment of the loan amount by the respondent No.1 Company even after s..Category: Company Law | Date: | Hits: 239
Afzal Khan (Md) Vs. Md. Azmal Khan and others, 2006, 35 CLC (HCD)
....) schedule land as their respective share from the suit property. Before the execution of partition deed dated 23-12-1958 suit land was rented to SVOC Petrol Pump and all the 4 brothers were enjoying possession according to their respective share through tenants. Subsequently, the schedule land was ......ed No. 160 dated 23-12-1958. It is contended that on the basis of partition deed No. 160 dated 23-12-1958, the plaintiff got 1(c) schedule property in his saham, defendant Ibrahim got 4(B) schedule land, defendant Afzal Khan got 5(B) schedule land and defendant Azmal Khan got 3(B) schedule land as......s vs. Ghulam Shah 15 DLR 315; PLD 1982 (Kar) 111; AIR 1961 Bom 136; AIR 1953 Cal 15; Abdur Rahman vs. Sajjadur Rahman 51 DLR 420; Abul Kalam Azad vs Sunhar Ali 46 DLR (AD) 130; Major (Retd) M Afsaruddin vs Kamal Rahman 41 DLR 190; Kirtish Chandra Dev vs. Begum Sufia Akhtar 1992 BLD 591 = 46 DLR 313;......by the party earlier in his pleading. 11. We have heard the learned Advocate of both the side at length and perused impugned order and other tangible materials on record. It appears that the real question in controversy in the suit was for partition of the suit properties in between the co-share..Category: Property Law | Date: | Hits: 42
.... as amicus curiae.
Let a copy of this judgment and order be sent to the Court concerned for information and necessary action.
Ed.
This Case is also Reported in: 59 DLR (2007) 37.
...... as amicus curiae.
Let a copy of this judgment and order be sent to the Court concerned for information and necessary action.
Ed.
This Case is also Reported in: 59 DLR (2007) 37.
...... be sent to the Court concerned for information and necessary action.
Ed.
This Case is also Reported in: 59 DLR (2007) 37.
......dded to or altered otherwise than as authorised by this Act, the banker paying the cheque in good faith and without negligence shall not be responsible or incur any liability nor shall the payment be questioned, by reason of the cheque having been crossed, or of the crossing having been obliterated ..
Category: Civil Law | Date: | Hits: 90
Nantu Mia alias Nandu Mia alias Namdu Miah and others Vs. State, 2006, 35 CLC (HCD)
.... hereby disposed of. Send down the lower Courts record at once with a copy of the judgment for information and for taking necessary action. Ed. This Case is also Reported in: 59 DLR (2007) 30....... hereby disposed of. Send down the lower Courts record at once with a copy of the judgment for information and for taking necessary action. Ed. This Case is also Reported in: 59 DLR (2007) 30.......rts record at once with a copy of the judgment for information and for taking necessary action. Ed. This Case is also Reported in: 59 DLR (2007) 30.......3 held autopsy upon the dead body of the deceased. 33. The death of the deceased was not disputed and in view of the medical evidence as testified by PW 13, the deceased was done to death. Now the question calls for our consideration, the complicity of the appellants. 34. The prosecution case ..Category: Criminal Law | Date: | Hits: 44
Gour Chandra Pal Vs. State, 2006, 35 CLC (HCD)
....long with LC record be sent to the Nari-o-Shishu Nirjatan Daman Bishes Adalat, Narail immediately for information and necessary action. Ed. This Case is also Reported in: 59 DLR (2007) 17. ......long with LC record be sent to the Nari-o-Shishu Nirjatan Daman Bishes Adalat, Narail immediately for information and necessary action. Ed. This Case is also Reported in: 59 DLR (2007) 17. ......an Daman Bishes Adalat, Narail immediately for information and necessary action. Ed. This Case is also Reported in: 59 DLR (2007) 17. ...... recorded the confessional statement of this accused Gour Chandra Pal under section 164 of the Code of Criminal Procedure. He testified that after giving enough time for refreshment, he put necessary questions to the accused while the accused informed him that he (accused) will make confessional sta..Category: Criminal Law | Date: | Hits: 45
Abul Kashem Vs. State, 2005, 34 CLC (HCD)
....y issued two separate receipts of the money on 24-7-1979 and 12-12-1979 respectively. Thereafter, the accused executed a kabala deed in favour of the complainant but the accused did not hand over the possession of the aforesaid land. It is further stated that the accused demanded Taka 50,000 on 5-6-......o. 1245 of 1996 stating, inter alia, that getting information on 15-7-1999 through newspaper namely, 'Ittefaq", that Housing Project namely, Urban Housing and Technical Development Company would sell land of its project adjacent to Rayer Bazar within berry bandh which was approved by Dhaka Improveme......y on bail, is discharged from his bail bond. Send down the LCR at once. Ed. This Case is also Reported in: 59 DLR (2007) 1. ......filling. Thereafter, the complainant went near the project and asked some persons about the project who stated that there was no existence of such project there. It is further stated that the land in question is outside of the berry bandh and there is doubt about the ownership of land of the accused..Category: Criminal Law | Date: | Hits: 41
Giasuddin Ahmed Vs. Green Delta Insurance Company Limited and another, 1995, 24 CLC (HCD)
....ation of share register of the respondent-company under section 38 of the Companies Act 1938 is reject without any order as to costs. Ed. This Case is also Reported in: 55 DLR (HCD) (2000) 41. ......ation of share register of the respondent-company under section 38 of the Companies Act 1938 is reject without any order as to costs. Ed. This Case is also Reported in: 55 DLR (HCD) (2000) 41. ......er section 38 of the Companies Act 1938 is reject without any order as to costs. Ed. This Case is also Reported in: 55 DLR (HCD) (2000) 41. ......he statement for share transfer prepared for the Board’s 88th meeting, but nevertheless other share transfers subsequent to the petitioner’s were considered and approved for registration. In fact question of registration of the petitioner’s said shares were discussed at 88th, 89th and 90th boa..Category: Company Law | Date: | Hits: 181
Mahmud Hussain Vs. Sayeb Ali & ors., 1988, 17 CLC (HCD)
.... in 38 DLR(HC) 262. I do find nothing to interfere with the impugned order. Hence the rule is discharged without any order as to costs. Ed. This Case is also Reported in: 41 DLR (1989) 44. ...... in 38 DLR(HC) 262. I do find nothing to interfere with the impugned order. Hence the rule is discharged without any order as to costs. Ed. This Case is also Reported in: 41 DLR (1989) 44. ......le is discharged without any order as to costs. Ed. This Case is also Reported in: 41 DLR (1989) 44. ......eque J.- Can the Election Tribunal constituted under Ordinance 51 of 1983 issue an order of injunction either under Order 39, rule 1 or section 151 of the Civil Procedure Code? This is the main question before this court in this rule. Other questions that incidentally arise are whether this ..Category: Election Law | Date: | Hits: 100
Momin Malitha & ors. Vs. State, 1988, 17 CLC (HCD)
....part subject to the modification with regard to his conviction and sentence as stated above. Let the records be sent down expeditiously. Ed. This Case is also Reported in: 41 DLR (1989) 37.......1.75 corresponding to the 11th Agrahayan, 1382 B.S. at about 2-30 P.M. Momin Malitha and his son Badaruddin were demolishing the fencing of the victim Abdul Karim Munshi which admittedly stood on the land of the said Momin Malitha. When protested, accused Momin Malitha, Sadaruddin, Shamser, Suja, Mo......to his conviction and sentence as stated above. Let the records be sent down expeditiously. Ed. This Case is also Reported in: 41 DLR (1989) 37.......ad not stated to him that Shamser, Mokbul, Saja and Aktar had entered into the house of Karim and started assaulting him. This witness admitted that he did not prepare the Sketch Map. 24. Now, the question is whether the materials on record warrant conviction of the appellant Momin Malitha under ..Category: Criminal Law | Date: | Hits: 52
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