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Tozammel Hossain Vs. Fatema Khatun and others, 1991, 20 CLC (HCD)

....91. Result: The Rule is made absolute. Cases Referred to- Mir Delwar Hossain Vs. Mirza Joynal Abedin Mokhtar, 29 DLR 214; Abdul Hafiz and others Vs. Syed Md. Kazem and another, 23 DLR 12; Sree Nath Paul Vs. Sachindra Kumar Bashu and others, 20 DLR 97; Jamaluddin Vs. Rabeya Begum, 32 DLR ......91. Result: The Rule is made absolute. Cases Referred to- Mir Delwar Hossain Vs. Mirza Joynal Abedin Mokhtar, 29 DLR 214; Abdul Hafiz and others Vs. Syed Md. Kazem and another, 23 DLR 12; Sree Nath Paul Vs. Sachindra Kumar Bashu and others, 20 DLR 97; Jamaluddin Vs. Rabeya Begum, 32 DLR ......as added party under Order 1 rule 10(2) CPC. In view of the aforesaid discussion, the Rule is made absolute. No order as to costs. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 697. ......as added party under Order 1 rule 10(2) CPC. In view of the aforesaid discussion, the Rule is made absolute. No order as to costs. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 697. ..

Category: Property Law | Date: | Hits: 49

Benode Behari Mondal Vs. Arabinda Sarder and others, 1995, 24 CLC (HCD)

....spose of the appeal within 3(three) months from the date of receipt of the record. The lower court records be sent down immediately. Ed. This Case is also Reported in: 49 DLR (HD) (1997) 72. ......spose of the appeal within 3(three) months from the date of receipt of the record. The lower court records be sent down immediately. Ed. This Case is also Reported in: 49 DLR (HD) (1997) 72. ......d predecessors of the plaintiffs were bargaders under the said owners and their names were recorded as such bargaders in the CS Khatian. Their further case is that Aviram died leaving son Guru Charan Ram Kanta and Rup Chand died leaving sons Ram Krishna and Ram Charan and they settled the suit land ......s under the said owners and their names were recorded as such bargaders in the CS Khatian. Their further case is that Aviram died leaving son Guru Charan Ram Kanta and Rup Chand died leaving sons Ram Krishna and Ram Charan and they settled the suit land on 17-5-1939 with Arjun, Fakir, Sanatan Jagesw..

Category: Property Law | Date: | Hits: 51

Alaluddin alias Alauddin and Others Vs. State, 1994, 23 CLC (HCD)

....s of Sarbahara Party, namely (1) Mujibur, son of Mirash Ali Akhad of village Rajnarikel,(2) Sadir Ali son of Late Hasen Ali of Kamargaon, (3) Abdul Kalam son of Rustorn Ali of village Rajnarikel, (4) Sree Gopal Chandra Sen son of Late Gan Mohan of village Bariatola,(5) Rustom Ali son of Suruj Ali of......s of Sarbahara Party, namely (1) Mujibur, son of Mirash Ali Akhad of village Rajnarikel,(2) Sadir Ali son of Late Hasen Ali of Kamargaon, (3) Abdul Kalam son of Rustorn Ali of village Rajnarikel, (4) Sree Gopal Chandra Sen son of Late Gan Mohan of village Bariatola,(5) Rustom Ali son of Suruj Ali of......t the appellants be set at liberty forthwith, if not wanted, in connection with any other case. Send down the L/C records at once. Ed. This case is also Reported in: 49 DLR (HD) (1997) 66. ......t the appellants be set at liberty forthwith, if not wanted, in connection with any other case. Send down the L/C records at once. Ed. This case is also Reported in: 49 DLR (HD) (1997) 66. ..

Category: Criminal Law | Date: | Hits: 74

Bangladesh Agricultural Development Corporation Vs. Md. Abdur Rashid and others, 2012, 41 CLC (AD)

....gree. Md. Abdul Wahhab Miah J. – I agree. Nazmun Ara Sultana J. – I agree. Muhammad Imman Ali J. – I agree. Md. Shamsul Huda J. – I agree. Ed. This Case is also Reported in: ......gree. Md. Abdul Wahhab Miah J. – I agree. Nazmun Ara Sultana J. – I agree. Muhammad Imman Ali J. – I agree. Md. Shamsul Huda J. – I agree. Ed. This Case is also Reported in: ......gree. Md. Abdul Wahhab Miah J. – I agree. Nazmun Ara Sultana J. – I agree. Muhammad Imman Ali J. – I agree. Md. Shamsul Huda J. – I agree. Ed. This Case is also Reported in: ......ed 15.04.2004. The said Md. Rafiqul Alam is the respondent in Civil Petition for Leave to Appeal No. 2692 of 2010. Writ Petition No. 2331 of 2009 was filed by Md. Safiul Alam Khondoker, Shree Nil Krishna Barmon, Md. Abdur Rob Dewan, Md. Meser Ali, Md. Abul Kashem Sarker, Md. Nuruzzaman Miah, Shr..

Category: Employment/Service Law | Date: | Hits: 73

Mohadashi Sutradhar and another Vs. Monindra Chandra Sannyashi and others, 2011, 40 CLC (AD)

.... brother-in-law's son Surendra Mohan Sarkar. While Surendra Mohan Sarkar was in possession of the said land as the rightful owner he sold 27 decimals of land from plot No.1054 to Sheikh Jobed Ali and Sree Roy Chand Sutradhar vide kabala dated 12.05.1951 being No.2440. Subsequently, Surendra Mohan Sa...... brother-in-law's son Surendra Mohan Sarkar. While Surendra Mohan Sarkar was in possession of the said land as the rightful owner he sold 27 decimals of land from plot No.1054 to Sheikh Jobed Ali and Sree Roy Chand Sutradhar vide kabala dated 12.05.1951 being No.2440. Subsequently, Surendra Mohan Sa...... those of the appellate Court and consequently no merit in the submission of Mr. Awlad Ali. Accordingly, this petition is dismissed. Ed. This Case is also Reported in: VIII ADC (2011) 773. ...... those of the appellate Court and consequently no merit in the submission of Mr. Awlad Ali. Accordingly, this petition is dismissed. Ed. This Case is also Reported in: VIII ADC (2011) 773. ..

Category: Property Law | Date: | Hits: 68

Jiban Chandra Sarkar Vs. Md. Rafizuddin Bepary and others, 2011, 40 CLC (AD)

....) is to be deposited within one month. The petitioner is permitted to prepare the paper books out of Court in accor­dance with Rules. Ed. This Case is also Reported in: VIII ADC (2011) 760. ......) is to be deposited within one month. The petitioner is permitted to prepare the paper books out of Court in accor­dance with Rules. Ed. This Case is also Reported in: VIII ADC (2011) 760. ......) is to be deposited within one month. The petitioner is permitted to prepare the paper books out of Court in accor­dance with Rules. Ed. This Case is also Reported in: VIII ADC (2011) 760. ......tending, inter alia, that the suit land belonged to Rashu Pramanik and others. Aditya Pramanik was the tenant under them. Aditya being in possession died leaving behind five sons named Lalit, Mahesh, Krishna, Purna and Gadadhar. CS Khatian No.1356 was correctly prepared in their names. Out of the ne..

Category: Property Law | Date: | Hits: 66

Rafiqul Hossain @ Ranaesh and another Vs. Lal Mohan Saha and others, 1991, 20 CLC (HCD)

....l on record I find that the notice of the temporary injunction upon the petitioner 1 was served on 31.7.81 in presence of attesting witnesses Mohammad Saidur Rahman Bhuiyan, Aribor Rahman Bhuiyan and Sree Dhan Joy Shah. It further appears that on the same date the Process Server served notice of tem......l on record I find that the notice of the temporary injunction upon the petitioner 1 was served on 31.7.81 in presence of attesting witnesses Mohammad Saidur Rahman Bhuiyan, Aribor Rahman Bhuiyan and Sree Dhan Joy Shah. It further appears that on the same date the Process Server served notice of tem......trial Court passed the order of the attachment of the property. 9. In the result, the Rule is made absolute. No order as to costs. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 718. ......trial Court passed the order of the attachment of the property. 9. In the result, the Rule is made absolute. No order as to costs. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 718. ..

Category: Criminal Law | Date: | Hits: 90

Kibria and Associates Ltd. Vs. Bangladesh Agricultural Development Corporation, 1992, 21 CLC (HCD)

....d speaks that when the Court is empowered to award interest the Arbitrator is not to be deprived of such power. He has also read before us a passage from the book "Law of Damages and Compensation" by Sree Kameshwar Rao, (5th Ed) at page 445 on this point. As we propose to rest our decision on the ju......d speaks that when the Court is empowered to award interest the Arbitrator is not to be deprived of such power. He has also read before us a passage from the book "Law of Damages and Compensation" by Sree Kameshwar Rao, (5th Ed) at page 445 on this point. As we propose to rest our decision on the ju...... 1988 (SC) 1520; Satinder Singh Vs. Umrao Singh, AIR 1960 (SC) 307; Nachippa Chettiar Vs. Subramaniam Chettiar, AIR 1955 (SC) 468; Thawardas Pherumal Vs. Union of India, AIR 1955 (SC) 468; Bhuwanodas Ramgobind Vs. Harsukhdas Balkishendes, AIR 1923 (PC) 66; Hodgkinson Vs. Ferine, Edwards Vs. Great We......ters at rest arising out of the situation like the present one. In the result, we allow this appeal without any order as to costs. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 712. ..

Category: Alternative Dispute Resolution | Date: | Hits: 156

Rupali Jute Baling Ltd. Vs. Agrani Bank, 1991, 20 CLC (HCD)

....result, this rule in discharged without any order as to cost. The appeal being FAT No.567/1989 is dismissed being barred by limitation. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 232.......result, this rule in discharged without any order as to cost. The appeal being FAT No.567/1989 is dismissed being barred by limitation. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 232....... 1991. Result: The Rule is discharged. Cases Referred to- Brij Indar Singh Vs. Kanshi Rain and others, 44 IA (PC) 218; Haji Md. Yusuf Vs. M/s Ahmed Brothers and others, 8 DLR 662; Chhazzu Ram Vs. Neki, AIR 1922 PC 112; AIR 1927 Bom. 226; AIR 1925 Cal. 253; AIR 1922 PC 112; ILR 15 Cal. 24......result, this rule in discharged without any order as to cost. The appeal being FAT No.567/1989 is dismissed being barred by limitation. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 232...

Category: Procedural Law | Date: | Hits: 111

Hindu Deity Lakshmi Gobinda Jew Vs. Deputy Custodian, Enemy Property, Government of Bangladesh and others, 1998, 17 CLC (HCD)

.... better appreciation of the submissions made by the learned Advocates of the parties. 10. P.W.1 Prafullah Chandra Bhattacharjee stated in his evidence that he is the Shebait of the plaintiff Deity Sree Gobinda Jew Bigraha and the suit land belongs to the plaintiff Deity. He also stated that the u...... better appreciation of the submissions made by the learned Advocates of the parties. 10. P.W.1 Prafullah Chandra Bhattacharjee stated in his evidence that he is the Shebait of the plaintiff Deity Sree Gobinda Jew Bigraha and the suit land belongs to the plaintiff Deity. He also stated that the u......hat he is a co-villager of D.W.1. He admitted that recently a tin-shed has been constructed in the suit land. He also stated that he cannot say how many plots are there in the suit land. 24. D.W.3 Ramijuddin Ahmed stated in his evidence that defendant No.4 possessed the suit land. 25. From the......t be treated as abandoned property or vested property (enemy property) by the defendants. Send down the lower Court records at once. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 300...

Category: Property Law | Date: | Hits: 102

Bangladesh and another Vs. Banarashi Lal Sharaf and others, 1993, 22 CLC (HCD)

....iff's Title Suit No.18/57 is dismissed. In the facts and circumstances of the case parties shall bear their respective costs althrough. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 669.......iff's Title Suit No.18/57 is dismissed. In the facts and circumstances of the case parties shall bear their respective costs althrough. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 669.......g plaintiff's Suit for declaration that seizure of the disputed goods on 5.1.55 and confiscation of the same on 3.9.55 are illegal and for recovery of possession of the same. 2. Plaintiff firm M/s Ram Ratan Das Bana­rashi Lal filed the aforesaid suit on the allegations, inter alia, that on 5.1.1......iff's Title Suit No.18/57 is dismissed. In the facts and circumstances of the case parties shall bear their respective costs althrough. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 669...

Category: Fiscal/Taxation Law | Date: | Hits: 125

Bimal Chandra Adhikari Vs. State, 1999, 18 CLC (HCD)

....n 5(2) of the Prevention of Corruption Act (II of 1947), pending in the court of Additional Sessions Judge, 3rd Court and Special Judge, Court No.4, Mymensingh should not be quashed. 2. Petitioner Sree Bimal Chandra Adhikari was Godown/Store Keeper of BADC (Irrigation Berunia), Sub-unit in Police......n 5(2) of the Prevention of Corruption Act (II of 1947), pending in the court of Additional Sessions Judge, 3rd Court and Special Judge, Court No.4, Mymensingh should not be quashed. 2. Petitioner Sree Bimal Chandra Adhikari was Godown/Store Keeper of BADC (Irrigation Berunia), Sub-unit in Police......sing him. In view of the discussion made above the Rule is discharged. Send down the LC records to the court concerned at once. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 282. ......sing him. In view of the discussion made above the Rule is discharged. Send down the LC records to the court concerned at once. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 282. ..

Category: Criminal Law | Date: | Hits: 75

State Vs. Sree Ranjit Kumar Prama­nik, 1990, 19 CLC (HCD)

....ted in: 45 DLR (HCD) (1993) 660.......ted in: 45 DLR (HCD) (1993) 660.......e valuable service rendered by Mr. Abu Sayeed Ahammed who volunteered to appear on behalf of the accused and was accepted by the court. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 660.......e valuable service rendered by Mr. Abu Sayeed Ahammed who volunteered to appear on behalf of the accused and was accepted by the court. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 660...

Category: Property Law | Date: | Hits: 69

Bangladesh Sugar and Food Industries Corporation Vs. Md. Kashem and others, 2002, 31 CLC (HCD)

....0‑3‑1995 passed by the Subordinate Judge, 3rd Court, Dhaka, in Title Suit No. 144 of 1975 are hereby set aside and the suit be dismissed. Ed. This Case is also Reported in: 55 DLR (2003) 350.......0‑3‑1995 passed by the Subordinate Judge, 3rd Court, Dhaka, in Title Suit No. 144 of 1975 are hereby set aside and the suit be dismissed. Ed. This Case is also Reported in: 55 DLR (2003) 350.......Dayal Kapoor and others Vs. Union of India, New Delhi and another, AIR 1963 (Punjab) 538; Dhani Saha and others Vs. Bishun Prasad Singh and others, AIR 1942 (Patna) 247; Chennaru Naghbhusan Rao Vs. M Ram and others, AIR 1992 (Ori) 76; Commander (Retd) A A Chowdhury Vs. AKM Iman Hossain and others, 4......0‑3‑1995 passed by the Subordinate Judge, 3rd Court, Dhaka, in Title Suit No. 144 of 1975 are hereby set aside and the suit be dismissed. Ed. This Case is also Reported in: 55 DLR (2003) 350...

Category: Property Law | Date: | Hits: 122

Subrata Dev Roy Vs. Saroswati Rabni Paul being dead her legal heirs: 1(ka) Netai Pada Paul and another, 2011, 40 CLC (AD)

..... Since review does not mean rehearing of the matter, we find no merit in the review petition. The petition is accordingly dismissed. Ed. This Case is also Reported in: VIII ADC (2011) 477. ....... Since review does not mean rehearing of the matter, we find no merit in the review petition. The petition is accordingly dismissed. Ed. This Case is also Reported in: VIII ADC (2011) 477. ....... Since review does not mean rehearing of the matter, we find no merit in the review petition. The petition is accordingly dismissed. Ed. This Case is also Reported in: VIII ADC (2011) 477. ....... Since review does not mean rehearing of the matter, we find no merit in the review petition. The petition is accordingly dismissed. Ed. This Case is also Reported in: VIII ADC (2011) 477. ..

Category: Procedural Law | Date: | Hits: 76

Abdul Jabbar Khan and others Vs. Sreela Sreejukteswar Radha Madhab Thakur Jiew, 1993, 22 CLC (HCD)

....CD) (1993) 577. ......CD) (1993) 577. ......tition within one month from the date of receipt of this judgment. In the result, the Rule is made absolute. No order as to costs. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 577. ......tition within one month from the date of receipt of this judgment. In the result, the Rule is made absolute. No order as to costs. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 577. ..

Category: Property Law | Date: | Hits: 55

Sarwari Begum Vs. Bangladesh, 1993, 22 CLC (HCD)

....tioner within 3 months from this date. Considering the nature of the case the parties are directed to bear their respective costs. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 571. ......tioner within 3 months from this date. Considering the nature of the case the parties are directed to bear their respective costs. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 571. ......tioner within 3 months from this date. Considering the nature of the case the parties are directed to bear their respective costs. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 571. ......tioner within 3 months from this date. Considering the nature of the case the parties are directed to bear their respective costs. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 571. ..

Category: Property Law | Date: | Hits: 75

Hosne Ara Begum Vs. Government of the People's Republic of Bangladesh, 1993, 22 CLC (HCD)

....puty Commissioner (Revenue), Dhaka. From the side of the defendants some papers were filed before the Court which were marked as exhibits. Ext. A is the certified copy of the deed of gift executed by Sree Kallasha Chandra Shaha in favour of Sree Shontasha Kumar Shaha and another. Ext. B is the certi......puty Commissioner (Revenue), Dhaka. From the side of the defendants some papers were filed before the Court which were marked as exhibits. Ext. A is the certified copy of the deed of gift executed by Sree Kallasha Chandra Shaha in favour of Sree Shontasha Kumar Shaha and another. Ext. B is the certi......laintiff. Considering the facts and circumstances of the case, we pass no order as to costs. Send down the LC records immediately. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 554. ......laintiff. Considering the facts and circumstances of the case, we pass no order as to costs. Send down the LC records immediately. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 554. ..

Category: Property Law | Date: | Hits: 75

Sree Chinmoy Chowdhury Vs. Sree Mridul Chowdhury and others, 2009, 38 CLC (AD)

....9 BLT (AD) (2011)140. ......9 BLT (AD) (2011)140. ......l village properties of the nature of homestead, nal, pond and ejmali land with other third party co-sharers out of which he claimed only 82 decimals of land stating that those properties belonged to Ram Sharan Bali who died leaving five sons namely, Gagan, Girish, Aparna, Chaitannya and Jatra Mohan......e above, we find no substance in the submissions of the learned Advocate for the petitioner. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: 19 BLT (AD) (2011)140. ..

Category: Property Law | Date: | Hits: 93

State Vs. Shahin and others, 2010, 39 CLC (HCD)

....entence. Accused Shahin will get the benefit of section 35A of the Code of Criminal Procedure. Send down the lower Court record at once. Ed. This Case is also Reported in: 16 BLC (2011) 772. ......entence. Accused Shahin will get the benefit of section 35A of the Code of Criminal Procedure. Send down the lower Court record at once. Ed. This Case is also Reported in: 16 BLC (2011) 772. ......51 = 42 DLR (AD) 200; Md Abul Kashem Vs. State, 15 BLD 205; Asadur Rahman alias Asad Vs. State, 15 BLD 290; Safdar Ali Vs. Crown, 5 DLR (FC) 109; Marbans Singh Vs. State of Punjab, AIR 1957 (SC) 637; Ram Singh Vs. Sonia, (2007) 3 SCC and Bangladesh Vs. Yakub Sardar, 40 DLR (AD) 246. Lawyers Invol......entence. Accused Shahin will get the benefit of section 35A of the Code of Criminal Procedure. Send down the lower Court record at once. Ed. This Case is also Reported in: 16 BLC (2011) 772. ..

Category: Criminal Law | Date: | Hits: 76