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Selimuzzaman @ Selim and others Vs. Deputy Commissioner, Sar­iatpur, District Sariatpur and others, 1992, 21 CLC (HCD)

....respect for ft verdict of the Court of law. 13. In this connection it is to be noted that the defendant opposite parties are high Government officials and public functionaries and as such it is expected that they will be more obedient and respectful to the Court of law. But this continuous ada......ction given above the learned Assistant Judge, Naria, shall report compliance to the Registrar, Supreme Court of Bangladesh, Dhaka. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 545...

Category: Property Law | Date: | Hits: 123

Shewe Hla Prue TK Vs. Commissioner, Chittagong Division, Chittagong and others, 1992, 21 CLC (HCD)

....ithout lawful authority and to be of no legal effect. In the result, the Rule is made absolute without any order as to costs. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 539.......ince the two Mouzas are very large and the volume of work relating to the settlement of land etc. had increased manifold it was considered not desirable to have one headman for two Mouzas of two different Upazilas. The petitioner was a Union Parishad Chairman of Thanchi Upazila and a member of the T..

Category: Others | Date: | Hits: 171

Padmabati Biswas Vs. Banglasdesh and others, 1992, 21 CLC (HCD)

....on contest against respondent No.1 and ex parte against the rest. Considering the circumstances there shall be no order as to costs. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 465. ......d to the letter of reference, which had been shown as blocks 1‑5 and 6‑7 as prepared by khas Mahals Surveyor and the chars comprising of 129.22 acres of cultivable land were being claimed by different persons including the government with the result that there were occasions for breach of peace...

Category: Property Law | Date: | Hits: 118

GSH Jamal Vs. Surraiya Jabeen and others, 2010, 39 CLC (HCD)

....9 is hereby discharged. The ad interim order granted earlier in the Rule is also vacated. Send down the lower Court records at once. Ed. This Case is also Reported in: 63 DLR (HCD) (2011) 493.......e plain­tiff-landlords and the present defendant-appellant-tenant entered into two agreements for monthly ten­ancy in respect of the same for a period of two years ending on 31-12-1996 at a monthly rent of Taka 12,000 for the building situated therein and Taka 40,000 for the vacant place of the su..

Category: Tenancy Law | Date: | Hits: 190

Additional Deputy Commissioner (Rev.) Rangpur and another Vs. Amir Husain and others, 2012, 41 CLC (AD)

....h the impugned judgment and order passed by the High Court Division is liable to be set aside”. Preparation of paper book, as prayed for, is dispensed with. This Case is also Reported in:......ing the Rule absolute. 2. The case of the plaintiffs, in brief, is that admittedly the suit property belonged to Champa Debi and others; that the suit property was sold in auction for arrear of rent and the said auction was purchased by Bashir Uddin and Ishak Miah vide Certificate Case No.2430..

Category: Property Law | Date: | Hits: 181

Javed Alam (Md.) Vs. Bangladesh and others, 2001, 30 CLC (HCD)

.... of the receipt of the order of this Court. The office is directed to send a copy of this order to the respondents without delay. Ed. This Case is also Reported in: 55 DLR (HCD) (2003) 521. ......2 (Ka‑9, Mymensingh) against Serial No.9 at 9762(70) passed by the 2nd Court of Settlement, Dhaka (Annexure A) after evicting the respondents, their men and materials, etc. therefrom and to pay all rents actually received by the respondent government which the respondent government might, with ord..

Category: Property Law | Date: | Hits: 106

Dr. Md. Mahiuddin Vs. Dr. Hasanuzzaman Chow­dhury and others, 1992, 21 CLC (HCD)

....ifficulties of determining when civil proceedings are imminent are, if anything, more acute than in the case of criminal proceedings. In the latter caw the police may intimate that an early arrest is expected, whereas in the former there may be no warning that a writ is to be issued or an equivalent......well before the modern English authorities establishing that criminal proceedings remained sub judice at least during the period when it is open to an accused to appeal. There is no reason why a different rule should apply in civil proceedings, although the Supreme Court of New South Wales has admit..

Category: Criminal Law | Date: | Hits: 131

Hajee Abdul Latif Vs. Abdul Huq & others, 1991, 20 CLC (HCD)

....assment and expenses to the defendant. For the reasons stated above, this Rule is discharged without any order for costs. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 601. ......from entering into the suit land. 4. The defendant appeared and filed written statement. His case is that jote recorded under CS Khatian No.285 of Mouza Mirpur along with other lands under different Khatians belonged to one Sk. Munshi and Bahar Ali and their names were duly re­corded in the C..

Category: Civil Law | Date: | Hits: 166

Anowar Hossain & others Vs. Abul Hossain Molla & others, 1991, 20 CLC (HCD)

....side and those of the decree and judgment passed by the trial Court are restored. In view of this fact I make no order as to cost. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 597....... It is further stated in the plaint that 1.28 acre of land described in schedule 'Cha’ to the plaint out of the entire land of Roushan Ali had wrongly been recorded in the name of the defendants in rent roll Khatian and taking advantage of the wrong entry in Rent Roll Khatian defendant threatened ..

Category: Property Law | Date: | Hits: 122

Majeda Begum & another Vs. Khoda Box Mollah & others, 1987, 16 CLC (HCD)

....arise. Unless the judgment-debtors get a copy of the Kabala, they are not in a position to say what objections they had to the draft and when they do not know their own objections yet, they cannot be expected to tell this Court what prejudice has been caused by the fail­ure of the Court to give the......alise the de­cree-holder-respondents by requiring them to execute and register another Kabala deed by undergoing fresh expenses, especially, when the document was execut­ed and registered in an apparent insufficient apprecia­tion of the provisions of law, but not in disobedience of any order of a..

Category: Property Law | Date: | Hits: 140

Syed Ashfaque Hossain & others Vs. Bangladesh, 1989, 18 CLC (HCD)

....s of the petitioners to the extent of 5.80 acres as it originally stood. The Rule in Contempt Petition No.3 of 1987 is discharged. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 364. ......fa­vour of Syed Ashraf Ali, deceased father of the said respondent No.4. The said Keramat Ali auction pur­chased the entire land of 5.80 acres of the said Khatian No. 1358 on 25.9.54 for arrears of rent. The auction purchaser Keramat Ali however sold only 3.15 acres of the Khatian land out of 5.80..

Category: Property Law | Date: | Hits: 129

Al-haj Mirza Shamsuddin Beg and others Vs. Bangladesh & another, 1989, 18 CLC (HCD)

....they should pay the costs in the Rules. In the result all the Rules Nisi are made abso­lute with costs against the respondent No.2. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 356.......m­mon judgment. 2. Nawab Yusuf Road, French Road, English Road and Dolaikhal area were recorded in the C.S. Khatian in the name of the then Dhaka Municipality on behalf of the Emperor of India as rent-free land (Nishkar) under Khatian No.16884. At that time the whole area was a vast tract of mar..

Category: Property Law | Date: | Hits: 145

Additional Deputy Commi­ssioner (Revenue) Dhaka Vs. Md. Mostafa Ali Mridha and others, 1993, 22 CLC (HCD)

....nd the Judgment and decree passed by the trial Court are hereby affirmed. Send down the LC records immediately to the trial Court. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 193. ......erty. He stated that in CS record the suit property was recorded in the name of three persons. Now, the suit property is vested property and it was leased out to several lessees. The lessees paid the rent upto 1984. Since the owner left this country and went to India, it was taken as vested and non..

Category: Property Law | Date: | Hits: 134

Mathura Mohan Pandit Vs. Hazera Khatun, 1994, 23 CLC (HCD)

.... but when he had no jurisdiction the question of exercise of Jurisdiction does not arise. In the result the Rule is made absolute. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 190. ......77. Against that decree the defendant-petitioner, Mathura Mohan Pandit, preferred First Appeal No. 40 of 1978 in this Division which was decreed in part. The plaintiff most. Hajera Khatun, after different proceedings started in between the parties which went upto the Appellate Division, put the decr..

Category: Civil Law | Date: | Hits: 157

Judges of the High Court Division Vs. Ashok Kumar Karmaker, 1995, 24 CLC (HCD)

....d that in view of the statements made therein and attitude and conduct of these contemners in obeying the orders of the Court issued subsequently they deserve a generous consideration. However, it is expected from them that they in future will take sufficient care in matters like the present one. Mr......ns and it is also true with the judiciary. But in no way does it mean that at the time of national crisis the judiciary would overlook it or become a mere onlooker. Only the spineless or utter indifferent can do so. We really do not need such spineless men as Judges,"(Emphasis supplied). Even fro..

Category: Criminal Law | Date: | Hits: 149

Abul Hashem Khan & others Vs. Md. Shamsuddin Khan & others, 1989, 18 CLC (HCD)

....dants assured the plaintiffs of the ex­ecution of the partnership deed on the date of full payment of the balance amount at a time. The plain­tiffs obtained the Income Tax clearance certificate and expected the execution and registration of the sale deed of the Gulshan house and received the balan......Chhataks of land in Gulshan model town, Dhaka to make pay­ment of the balance consideration of Tk.7,55,0007-as early as possible. As the aforesaid 15 partners of defendant No.1 were residing at different places the defendant No.1 could not act as per his agreement for some legal difficulties and as..

Category: Business or Commercial Law | Date: | Hits: 349

Khan Md. Ruhul Amin Vs. Chairman, Labour Court, Khulna and others, 1990, 19 CLC (HCD)

.... case be taken as a bar in that regard. With the above observations this Rule is discharged without, however, any order as to costs. Ed. This Case is also Reported in: 51 DLR (1999) (HCD) 347.......said Mill. The salary and other benefits of the members of the staff of the said school are paid out of the funds of respondent No.2. The Managing Committee of the school although is composed of different persons, but for all practical purposes the school is an inseparable part of the said Mill. The..

Category: Labour and Industrial Law | Date: | Hits: 184

Muzaffar Ali and another Vs. Monwara Hospital & others, 1997, 26 CLC (HCD)

....lier by this Court on 8-5-95 is hereby vacated and the learned Court below is directed to proceed with the suit in accordance with law. Ed. This Case is also Reported in: 51 DLR (1999) (HCD) 341........ The further case of the plaintiff is that the principal defendant Nos. 1 and 2 undertook and agreed to obtain the income tax clearance certificate, and to mutate their names after paying arrears of rent, taxes and other rents in respect of the suit property, and to get the suit property released a..

Category: Procedural Law | Date: | Hits: 121

Abdul Kader Vs. Abdullah and others, 1998, 27 CLC (HCD)

....ordingly, the Rule is made absolute. The judgment and decree of the appellate Court is set aside. The suit is dismissed. No costs. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 435. ......nd the order of the Additional Commissioner (Revenue) dated 4-4-84 was affirmed. Thereafter, as it is alleged by the plaintiff, that the defendant 16, Government tried to settle the suit land to different persons in collusion with the defendants 1-15, although it is admitted that the plaintiffs were..

Category: Property Law | Date: | Hits: 105

Humayun Matubbar Vs. State, 1998, 27 CLC (HCD)

....ecifically stated that Humayun caused injury on the abdomen. In his dying declaration Sadek stated that Humayun caused the injury. There were twelve persons in the accused group. Therefore, it is not expected that injured Sadek would implicate an innocent accused shielding his real assailant when al......fine of Taka 10,000.00 is altered to a sentence of Taka 3,000.00 in default to suffer Rigorous Imprisonment for 3(three) months more. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 433. ..

Category: Criminal Law | Date: | Hits: 108