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Hazerullah Vs. Assistant Commissioner, Board of Management of Abandoned Property & others, 2002, 31 CLC (AD)

.... Accordingly, this petition is dismissed with costs assessed at Taka 5,000 to be paid by the petitioner forthwith to the respondents. Ed. This Case is also Reported in: (2002) 22 BLD (AD) 155. ...... Accordingly, this petition is dismissed with costs assessed at Taka 5,000 to be paid by the petitioner forthwith to the respondents. Ed. This Case is also Reported in: (2002) 22 BLD (AD) 155. ..

Category: Constitutional Law | Date: 7 Aug, 2002 | Hits: 180

Shishir Kanti Pal and others Vs. Nur Muhammad and others, 2002, 31 CLC (AD)

....sion made herein above we find no substance in this petition. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: 55 DLR (AD) (2003) 39.  ......vernment of Bangladesh, Defendant No. 5, Defendant No. 6 and Defendant Nos. 7‑12. 4. The case of the defendant No. 5 was that his father Chandra Kumar Pal was the owner of 11.77 acres of land of Khatian Nos. 30 and 32 (from amongst the property as described in schedule ‘A’) and th..

Category: Civil Law | Date: 27 Jul, 2002 | Hits: 175

Goutam Chandra Das alias Goutam Kumar Das Vs. State, 2002, 31 CLC (HCD)

....arried one Panna Rani Chakraborty on the basis of Halopnama. When the accused appellant was enlarged on bail his father, accused No.2, requested the father and the brother of the informant-victim for settlement of the aforesaid dispute through Salish. Accordingly, it was decided that a salish would ......at No.2 Jhalakati, in Nari-o-Shishu Case No.40 of 1999 is hereby set aside. Send down the lower Court record expeditiously. Ed. This Case is also Reported in: 55 DLR (HCD) (2003) 527. ..

Category: Women and Children | Date: 20 Jul, 2002 | Hits: 173

Ibrahim Ali and ors. Vs. State, 2004, 33 CLC (AD)

....the accused there under. Accordingly, the appeal is allowed. The conviction and the sentence of the appellants under sections 468 and 468/109 of the Penal Code are set aside.  Ed. ......and several others executed and registered two Muktipatras on February 6, 1984 and January 5, 1985 in favour of the appellant Nos. 1 and 2 and another by name Haji Siddique Ahmed in respect of the land asserting the same to be the ancestral property of Haji Siddique Ahmed and others although sai..

Category: Criminal Law | Date: 8 Jul, 2002 | Hits: 90

Kamaluddin (Md.) & anr. Vs. Sec., Ministry of Land, Bangladesh and ors., 2004, 33 CLC (AD)

....herwise of the intermediate or ad‑interim orders(s). In the afore state of the matter, we find no substance in this petition.  Accordingly, the petition is dismissed. Ed. ......herwise of the intermediate or ad‑interim orders(s). In the afore state of the matter, we find no substance in this petition.  Accordingly, the petition is dismissed. Ed. ..

Category: Constitutional Law | Date: 6 Jul, 2002 | Hits: 149

Upazila Education Officer & anr. Vs. Tara Miah Akhand & ors., 2004, 33 CLC (AD)

....pugned judgment of the High Court Division does not suffer from any legal infirmity for our interference. Accordingly, this petition merits no consideration and it is dismissed.  Ed. ......uit for permanent injunction, starting, inter alia, that a primary school namely, Laxmikantapur Wazuddin Munshi, a registered private school has been running for a long time established in a piece of land under Laxmikanta mouza in plot no. 87 under police station Zazira, District Shariatpur, that Go..

Category: Civil Law | Date: 3 Jul, 2002 | Hits: 206

State Vs. Harish, 2002, 31 CLC (HCD)

....emned prisoner Harish is acquitted of the charge and let him be set at liberty forthwith if not wanted in connection with any other case. Ed. This Case is also Reported in: 54 DLR (2002) 473.......about one year before the alleged occurrence the accused Harish and Harun wanted to make illicit relation with Hazera Begum by offering her biscuit, bread and banana when she went to see paddy of the land nearby her house and she disclosed the fact to her father the informant Ali Ahmed whereupon a s..

Category: Women and Children | Date: 2 Jul, 2002 | Hits: 89

Ekushey Television Ltd. and others Vs. Dr. Chowdhury Mahmood Hasan & others, 2002, 31 CLC (AD)

.... judgment of the High Court Division calling for our interference. All the leave petitions are dismissed. Ed. This Case is also Reported in: 54 DLR (AD) (2002) 130.  ......-in-opposition, has stated that a co-site agreement between BTV and ETV was signed as set forth in the main contract. On the basis of this contract ETV is allowed to use the tower and its adjacent land of Dhaka, Natore, Khulna and Rangpur TV Stations. It is further stated that use of Sylhet Stat..

Category: Constitutional Law | Date: 2 Jul, 2002 | Hits: 50

Sushil Kumar Paik & another Vs. Harendra Nath Samadder & another, 2002, 31 CLC (AD)

....el for the defendant‑petitioners is covered by issue No. 2 as framed for the suit.  The petition is dismissed with observation.  Ed. This Case is also Reported in: 8 MLR (AD) 41. ......avour of the plaintiff‑respondents is a forged deed or not.  2. The plaintiff‑respondents instituted the above suit for permanent injunction simpliciter.  Their case is that the suit land belonged to Radhika Mohan Roy and they purchased the same for Radhika Mohan Roy by registered k..

Category: Civil Law | Date: 24 Jun, 2002 | Hits: 164

State Vs. Chief Editor, Manabjamin and others, 2002, 31 CLC (HCD)_Part One

....nd are necessary in a democratic society for maintaining the authority and impartiality of the Judiciary. (i) that the Courts cannot operate in a vacuum and that while they are the forum for the settlement of disputes, this does not mean there can be no prior discussion of disputes elsewhere, b...... Dephtary Vs. OP Gupta, AIR 1971 SC 1132, Halmore Vs. Smith (1886) 35 Ch. D 449, Channing Arnold Vs. The King Emperor, 18 CWN PC 785, Ambard V AG for Trinidad and Tobago 1936 AC 322 = (1936) 1 All England Report 704, AIR 1978 SC 921 = (1978) 3 SCR 497, Namboodiripad (1971) 1 SCR 697=AIR 1970 SC 2015..

Category: Contempt of Court Law, Criminal Law | Date: 20 May, 2002 | Hits: 201

Hobi Sheikh and another Vs. State, 2002, 31 CLC (HCD)

....llants be set at liberty at once, if not wanted in connection with any other case. Send down the case records expeditiously. Ed. This Case is also Reported in: 56 DLR (2004) 383. ......n he stated that his son-­in‑law Hyder Ali is the full brother of accused Ashraf and accused Hobi is the brother‑in‑law of accused Ashraf. Hyder Ali and Ashraf Ali jointly purchased a piece of land from a Hindu person and lastly there was a trouble in between them. Hyder sold his land to some..

Category: Women and Children | Date: 4 May, 2002 | Hits: 83

Alam (Md) & another Vs. State, 2002, 31 CLC (HCD)

....Khan, the learned Assistant Attorney-General in reply, made submissions in support of the impugned judgment and conviction order with the contentions that since the parents were engaged with amicable settlement in getting back the victim girl, there was some delay in lodging the first information re...... them and they are acquitted of the same and be set at liberty if not wanted in any other case. Send down the lower court records at once. Ed. This Case is also Reported in: 54 DLR (2002) 298...

Category: Women and Children | Date: 30 Apr, 2002 | Hits: 82

Jabed Ali Sheikh (Md) and others Vs. Md. Abdus Sobhan Sheikh and others, 2002, 31 CLC (AD)

....point out any legal infirmity in the same. There is, therefore, no merit in this petition and the same is accordingly dismissed. Ed. This Case is also Reported in: 55 DLR (AD) (2003) 64. ......ntiff instituted Title Suit No. 60 of 1989 in the court of Assistant Judge, Sherpur, Bogra for declaration of his title and recovery of possession for demolition of the structure standing on the suit land measuring 1.76 acres appertaining to CS Khatian No. 113 corresponding to MRR Khatian Nos. 202, ..

Category: Property Law | Date: 30 Apr, 2002 | Hits: 121

Abdul Kader Khan Vs. Rajshahi Co-operative Town Society Ltd, 2002, 31 CLC (HCD)

.... Sadar in (Rent Control) Miscellaneous Case No.245 of 1983 is confirmed. Send down the LCR to the Court concerned at once. Ed. This Case is also Reported in: 54 DLR (HCD) (2002) 633. ......e 1986 (Ordinance XXII of 1986) which runs as follows: “21 Making of repairs and taking of measures for the maintenance of essential services by the tenant on the failure or neglect of the landlord to do so: (1) The Controller shall, on application made to him in this behalf by any t..

Category: Tenancy Law | Date: 29 Apr, 2002 | Hits: 3

Government of Bangladesh and another Vs. Golam Rabbani and others, 2003, 32 CLC (AD)

....udgment April 22, 2002. Result: The Petition is dismissed. The Bangladesh Abandoned Property (Control, Management & Disposal) Order, 1972 (P.O. 16 of 1972), Article 2. The court of settlement has no jurisdiction in deciding the question of abandonment of the case building when a s....... However, dismissal of the leave petition will not affect the character of the property which will be decided in the suit. Ed. This Case is also Reported in:  55 DLR (AD) (2003) 90.  ..

Category: Property Law | Date: 22 Apr, 2002 | Hits: 107

Gouri Das and ors. Vs. ABM Hasan Kabir and others, 2003, 32 CLC (AD).

....ere never monthly tenants under the plaintiff‑respondent or his vendor. They claimed that they were tenants under Hari Prasad Das to whom they have been paying rent since 1972. Hari Prasad Das took settlement of the suit land from Binayendra in the year 1940 and possessing the same on payment of g......ndra Aich and Opendra Chandra Aich who became owners of the same on the basis of a kabuliyat dated 31 Baishak, 1332 BS. Thereafter, by amicable partition between themselves Mahim Chandra Aich got the land mentioned in the schedule I of the plaint and was in exclusive possession of the property for m..

Category: Tenancy Law | Date: 9 Apr, 2002 | Hits: 148

Ali Ahmed and others Vs. Government of Bangladesh and others, 2002, 31 CLC (AD)

.... liable to be released even if it remains unutilised by the requiring body. In view of the above, the leave petition is dismissed. Ed. This Case is also Reported in: 55 DLR (AD) (2003) 92. ......espondents Judgment April 8, 2002. Result: The leave petition is dismissed. The Emergency Requisition of Property Act, 1948 (xiii of 1948), Section 8B Since the possession of the land had already been delivered to the requiring body on payment of compensation the requisitioned l..

Category: Property Law | Date: 8 Apr, 2002 | Hits: 84

Aroti Rani Paul Vs. Sudarshan Kumar Paul and others, 2002, 31 CLC (AD)

....indings and decisions of the High Court Division and consequently the appeal is allowed without any order as to cost.   Ed.  This Case is also Reported in: 56 DLR (AD) 73.  ......arned Subordinate Judge Dinajpur in the Other Suit No. 206 of 1997 decreeing the same.   2. The appellant as plaintiff instituted the aforesaid suit for declaration of her title in the suit land and also for further declaration that the order passed by defendant No. 2, the Additional Deput..

Category: Family Law | Date: 1 Apr, 2002 | Hits: 181

Chowdhury Mahmood Hasan and others Vs. Bangladesh and others, 2002, 31 CLC (HCD)

....the order for two weeks. Mr. Razzaq opposed the prayer. However, the operation of the order is stayed for ten days. Ed. This Case is also Reported in: 54 DLR (HCD) (2002) 537.   ......ned that ETV did not require any such licence. Respondent No. 5 is DG of the Bangladesh TV. In his affidavit-in-opposition it is stated that ETV has been allowed to use towers of BTV and its adjacent land at Dhaka, Natore, Khulna and Rangpur TV. Stations on the basis of Co-site agreement but ETV is ..

Category: Information Technology Law | Date: 27 Mar, 2002 | Hits: 7

Mahmood Alam (Md.) and another Vs. Moklesur Rahman Bhuiya, 2002, 31 CLC (HCD)

.... that in the absence of proof of adverse possession in the suit land, the trial Court erred in law in decreeing the suit. He submits, in view of its own finding that the plaintiffs got land by way of settlement from the original rent receivers, the trial Court erred in law in decreeing the suit decl......ojibar Rahman, predecessor-in-interest of opposite party Nos. 4 to 13 as plaintiff instituted the suit for confirmation of their possession upon declaration of title by adverse possession in the suit land measuring about 0.092 acre of land comprised of holding No. 269/265 of No. 9 Hatkhola Ward of t..

Category: Property Law | Date: 27 Mar, 2002 | Hits: 4