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Tarani Mohan Gosh and 2 others Vs. State and another, 1998, 27 CLC (HCD)
....sfied with the allegations made in the complaint petition filed by Gobinda Prashad Das registered as Special Case No.1 of 1992. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 575. ......i Mohan Gosh and 2 others.............Petitioners Vs. State and another.............Opposite Parties Judgment February 12, 1998. Result: The Rule is made absolute. Case Referred to- 48 DLR (AD) 167. Lawyers Involved: MA Wahab Miah, Advocate ‑ For t......of the following circumstances: One Gobindra Prashad Das on 19‑1‑92 filed a complaint petition before the Court of Senior Special Judge and the Court of Sessions Judge, Cox's Bazar, alleging that the petitioners in this Rule who were the government officers committed offences punishable unde......posite Parties Judgment February 12, 1998. Result: The Rule is made absolute. Case Referred to- 48 DLR (AD) 167. Lawyers Involved: MA Wahab Miah, Advocate ‑ For the Petitioners. Syed Abu Kowser, Assistant Attorney‑General - For the State. Syed Zi..Category: Anti-Corruption Laws | Date: 12 Feb, 1998 | Hits: 134
Bangladesh Moktijoddah Kalyan Trust rep. by MD Vs. Kamal Trading Agency & others. 1997, 26 CLC (AD)
.... defendant contends that the finding was wrong both on fact and law, leave was granted to consider the said contention. Plaintiff’s case, briefly, is that, the schedule property comprising land and building being holding Nos. 9 and 10 Old Bank Road, and 13 of B Das Road, Narayanganj compr......0 DLR (AD) (1998) 171. ......nce of contract. Held: the core of a valid contract, namely, consensus ad interim was thus plainly lacking in the present transaction. The statements made by the plaintiff in ext. 8 (ka) and 1 that the defendant was yet to take a decision and the plaintiff’s tender was pending, which is the ...... ATM Afzal CJ Mustafa Kamal J Latifur Rahman J Md. Abdur Rouf J Bimalendu Bikash Roy Choudhury J Bangladesh Moktijoddah Kalyan Trust represented by the Managing Director…………………Appellant Vs. Kamal Trading Agency and others…………….......Category: Contract Law | Date: 6 Nov, 1997 | Hits: 292
Md. Khalilur Rahman Vs. The State, 1977, 6 CLC (HCD)
....ried under the present Martial Law Regulations. In interpreting a penal statute which is made effective retrospectively reference may be made to paragraph 645 at page 425 of Halsbury's Laws of England, volume 38, Third Edition which runs thus: "The presumption against retrospection app......ellip;……………………………….....Opposite party Judgment August 12, 1977. Result: The rule is made. Cases Referred to- Abdul Quader Chowdhury Vs. State, 28 DLR (AD) 38; Shah Alam Vs State, 28 DLR ......s lodged by the opposite party No. 4, the Officer- in-Charge of Puthia Police Station under G.D. Entry No. 601 dated 20.6,76 under the Martial Law Regulations 7(2) (C) on the allegation, inter alia, that the accused-petitioner occupied forcibly the properties of Puthia Raj Estate. These properties w......pposite party Judgment August 12, 1977. Result: The rule is made. Cases Referred to- Abdul Quader Chowdhury Vs. State, 28 DLR (AD) 38; Shah Alam Vs State, 28 DLR 448; Zaforul-Ahsan Vs. Republic of Pakistan, (1960) 12 DLR (SC) 9; Solicitor Vs. A.T. Mridha, 26 DLR (SC) 17..Category: Criminal Law | Date: 12 Aug, 1997 | Hits: 2
Zahed Hossain Mia Vs. Deputy Commissioner, 1997, 26 CLC (AD)
.... in Chittagong LA Case No. 18 of 1995-96 under section 3 of the Acquisition and Requisition of Immovable Property Ordinance (hereinafter referred to as “the Ordinance”) and the proceedings of the land acquisition case itself. The LA Case relates to acquisition of 0.7235 acre of land of BS plot N......s also Reported in: 50 DLR (AD)(1998) 15. ...... 3 & 4 The petitioner’s objection under section 4 of the Ordinance was heard but the report in pursuance of the hearing was not accepted by the Deputy Commissioner. Thus, it can’t be said that objection of the petitioner under section 4 was not considered. It is within the power of the De......issed. The Acquisition and Requisition of Immovable Property Ordinance, 1982 (II of 1982), Sections 3 & 4 The petitioner’s objection under section 4 of the Ordinance was heard but the report in pursuance of the hearing was not accepted by the Deputy Commissioner. Thus, it can’t be sai..Category: Property Law | Date: 25 May, 1997 | Hits: 92
....-10-B), Dhaka, of the Court of Settlement, Dhaka or pass such other or further order or orders as to this Court may seem fit and proper.
2. Facts, in short, as stated in the petition are that, the land-Holding No. 10-B,11/8 Mirpur Housing Estate, Dhaka was allotted to one Abdul Hamid by the then ......
Salimullah, Advocate—For the Petitioner.
Md. Serajul Huq, Assistant Attorney-General—For Respondent No. 1.
Writ Petition No. 786 of 1991.
Judgment
Md. Ruhul Amin J.- Petitioner has obtained this Rule calling upon the respondents to show cause why they shall not be directed to e......1-Mirpurr-10-B), Dhaka, of the Court of Settlement, Dhaka or pass such other or further order or orders as to this Court may seem fit and proper.
2. Facts, in short, as stated in the petition are that, the land-Holding No. 10-B,11/8 Mirpur Housing Estate, Dhaka was allotted to one Abdul Hamid by ......ecial Original Jurisdiction)
Present:
Md. Ruhul Amin J
Zakir Ahmed J
Akhtar Hossain……………………….Petitioner
Vs.
Bangladesh, represented by the Secretary, Ministry of Works and others……….Respondents
Judgment
March 13, 1997.
Lawyers Involved:
Sali..
Category: Property Law | Date: 13 Mar, 1997 | Hits: 31
Solaiman (Md.) Vs. Begum Rezia Khatoon, 1996, 25 CLC (HCD)
....spect of the ground floor of the premises situate at 60/1, Purana Paltan, in the city of Dhaka under the opposite party No.1 (since deceased). While the petitioner was a tenant of the shop‑room the land‑lady made an oral gift in favour of her daughter Sufia Akhter Alam and she intimated the tena......dvocate ‑ For the Opposite Party. Civil Revision No.376 of 1986. Judgment AM Mahmudur Rahman J.- In this Rule the questions falling for determination are, whether the impugned order passed by the learned Subordinate Judge, 1st Court, Dhaka in dismissing the Review Case No.7 of 1984 ......ent: AM Mahmudur Rahman J Solaiman (Md.)……………………………………Petitioner Vs. Begum Rezia Khatoon……………………………&helli......ellip;………………Opposite Party Judgment October 28, 1996. Result: The Rule is discharged. Lawyers Involved: Shishir Kanti Majumder for Habibul Islam Bhuiyan, Advocate ‑ For the Petitioner. AKM Shahidul Huq, Advocate ‑ For t..Category: Tenancy Law | Date: 28 Oct, 1996 | Hits: 128
.... 13 others took Pattan of 14 Anna share of Kamraghop Beel Fishery situated at SA Plot No.1448 by a registered Pattani patta dated 2nd Kartick 1358 BS corresponding to 31‑12‑1950 from the 14 Annas landlords of the same and remaining 2 Anna share of the said fishery belonging to other landlords wa.............Petitioner
Vs.
Bangladesh, represented by the Secretary, Ministry of Land and others................. Respondents
Judgment
August 5, 1996.
Result:
The Rule is discharged.
Cases Referred to-
Province of East Pakistan Vs. Md. Shamsuddin, 25 DLR 248; East Pakistan Vs. Muk......ecree and the said appeal was dismissed on 31‑5‑1961. Thereafter Government filed Second Appeal No.1167 of 1962 and by order dated 5-5‑76 the said appeal abated as a whole. Petitioner contends that during pendency of the said suit said fishery was wrongly recorded in the Khas Khatian No.1 in S......ndents
Judgment
August 5, 1996.
Result:
The Rule is discharged.
Cases Referred to-
Province of East Pakistan Vs. Md. Shamsuddin, 25 DLR 248; East Pakistan Vs. Muktagacha Abbasia Senior Madrasha, 16 DLR (SC) 281; Shah Md. Elias Vs. Province of East Pakistan, 17 DLR 277.
Lawyers I..
Category: Property Law | Date: 5 Aug, 1996 | Hits: 25
Dr. Mohiuddin Farooque Vs. Bangladesh and others, 1996, 25 CLC (HCD)
....e issuance of this Rule are as follows: Respondent No.6, Danish Condensed Milk Bangladesh Limited opened LC dated 7‑8‑94 for importing 500 metric tons of skimmed milk powder from Datraco BV Netherland (Holland). Out of 500 metric tons 125 metric tons arrived on 17‑10‑94, 250 metric tons arri......e, Government of the People's Republic of Bangladesh, Bangladesh Secretariat, and others ...........................Respondents Judgment July 1, 1996. Result: The Rule is made absolute in part. Cases Referred to- Munn Vs. Illinois, (1877) 94 US 113; Francis Coralie Vs. Union Territory of Delhi...... the said sample in the RTL Chittagong and Health Physics Laboratory of respondent No.3 in Dhaka, Director, RTL Chittagong issued a certificate of radiation test on 8‑1‑95 (Annexure‑D) stating that he found 133 Bq radiation per kilogram which was above the minimum approved radiation level of 9......Secretariat, and others ...........................Respondents Judgment July 1, 1996. Result: The Rule is made absolute in part. Cases Referred to- Munn Vs. Illinois, (1877) 94 US 113; Francis Coralie Vs. Union Territory of Delhi, AIR 1981 (SC) 746; AIR 1984 (SC) 802; Olga Tellis Vs. Bombay Mu..Category: Health Law | Date: 1 Jul, 1996 | Hits: 272
Syeda Chand Sultana and others Vs. Government of Bangladesh, 1996, 25 CLC (HCD)
....Bangladesh Gazette, Extra copy, published on September 23rd, 1986 shall not be declared to have been passed without lawful authority and is of no legal effect. 2. The facts are, in brief, that the land at plot No.4, SE(C) Road No.138, Gulshan Model Town was allotted by the DIT to late Syed Mozaff......e peaceful possession of the petitioners. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 547. ......tion to serve a proper and effective notice to surrender the possession of the property included in the 'Kha’ list. Such a notice cannot be considered a notice in the eye of law. It cannot be said that the plot has been lawfully included in the list of abandoned building published in the Gazette n......al Jurisdiction) Present: KM Hasan J Md. Fazul Haque J Syeda Chand Sultana and others.......................Petitioners Vs. Government of Bangladesh, represented by the Ministry of Works, Secretariat Building Ramna, Dhaka and others............Respondents Judgment June 16, 19..Category: Property Law | Date: 16 Jun, 1996 | Hits: 32
Jasimuddin (Md.) and 2 Others Vs. Md. Humayun Kabir, 1995, 24 CLC (HCD)
....of the Code of Criminal Procedure in respect of the disputed property and by order dated 27‑4‑93 learned Magistrate directed OC Cantonment PS to maintain status‑quo in respect of the disputed land in the meantime. Thereafter by order dated 13‑5‑1993 learned Magistrate on consideration ......orted in: 48 DLR (HCD) (1996) 578. ......tropolitan Magistrate Dhaka in Petition Case No.253 of 1993 and also for quashing the said proceedings. 2. Heard the learned Advocates and perused the materials on record. 3. It appears that an application was filed by the 1st party‑opposite party in the Court of the Chief Metropolit......d. Humayun Kabir……………………Opposite Party Judgment August 28, 1995. Result: The Rule is made absolute. Lawyers Involved: Md. Shamsul Huda, Advocate ‑ For the Petitioner. Khorshed Alam, Advocate ‑ For the Opposite Party. Criminal Miscella..Category: Procedural Law | Date: 28 Aug, 1995 | Hits: 3
Amir Hossain Khairati Vs. Abdul Aziz Bepari and others, 1995, 24 CLC (AD)
....ragraph 10 of the plaint as follows: "That the cause of action for the suit arose on 29.9.83 when the plaintiffs came to learn that the principal defendant Nos. 1‑4 transferred some lands from the suit plots of land to the principal defendant Nos. 5‑11 and lastly, on 1.2.84 whe......cate‑ on‑Record ‑ For Respondent Nos. 1 & 2. Not Represented ‑ Respondent Nos.3‑7. Civil Appeal No.19 of 1994. (From the Judgment and order dated 10.5.93 passed by the High Court Division in Appeal from Original Decree No.25 of 1985). Judgment ......tuted the aforesaid suit for specific performance of contract against defendant Nos.1 to 11 along with defendant No.12, the People's Republic of Bangladesh, upon making various averments including that the plaintiffs filed TS No.7 of 1983 in the Court of Subordinate Judge, Munshiganj for specifi...................Respondents Judgment January 31, 1995. Result: The appeal is dismissed. Lawyers Involved: Khandkar Mahbubuddin Ahmed, Senior Advocate, instructed by Mvi. Md. Wahidullah, Advocate‑on‑Record ‑ For the Appellants. ..Category: Contract Law | Date: 31 Jan, 1995 | Hits: 257
Ramisunnessa Bibi and another Vs. Soleman Molla and others, 1994, 23 CLC (HCD)
....edecessor of the said opposite parties, was, monthly tenant under them and he became defaulter and violated the terms of tenancy agreement. The case of the petitioners is that they purchased the suit lands along with other lands and building from Rashik Lal Dey, one of the co‑sharers of the proper......ever, there will be no order as to costs. Ed. This Case is also Reported in: 48 DLR (1996) 31. ......R Mudassir Husain J. – By this Rule the defendants opposite parties were called upon to show cause as to why the judgment and decree dated 16.6.92 passed by the learned Senior Assistant Judge, Bagerhat in Title Suit No.355 of 1969 dismissing the same should not be set aside. 2. The short facts ......ties Judgment September 5, 1994. Case Referred To- Hajee Abdus Sattar Vs. Mahiuddin and others, 6 BCR (AD) 71. Lawyers Involved: MA Rahim with Shamsul Huq and Ismail Gazi, Advocate-For the Petitioners. Mihir Kanti Majumder with Nehid Yesmin, Advocates-For the Opposite Parties. ..Category: Tenancy Law | Date: 5 Sep, 1994 | Hits: 182
MA Malik Vs. State, 1994, 23 CLC (HCD)
....al, the operation of this order remains stayed for a week and the prosecution must see that in the mean time the petitioner is not arrested. Ed. This Case is also Referred to: 48 DLR (1996) 18. ......urul Islam J MA Malik…………………………………..Accused Petitioner Vs. State………………………………………….Opposite Party Judgment August 28, 1994. Cases Referred To- Md. Zakir Hossain Khan and others Vs. the State, 18 DLR 67; 42 DLR (AD) 223. ......r, his brother and mother, all of Moulvi Bazar with their present address in Dhaka city soliciting action under the provisions of Cruelty to Women (Deterrent Punishment) Ordinance on the allegations that her father was an Ex‑Chairman of Sylhet Zilla Parishad, a sitting Member of Parliament from a ......, 1994. Cases Referred To- Md. Zakir Hossain Khan and others Vs. the State, 18 DLR 67; 42 DLR (AD) 223. Lawyers Involved: Kazi Shahadat Hossain with Md. Amirul Islam Mondal, Advocates ‑For the Petitioner. Amirul Kabir Chowdhury Deputy Attorney‑General with Syed Abu Kowser, Advocat..Category: Women and Children | Date: 28 Aug, 1994 | Hits: 97
Sirajul Islam Vs. Helana Begum and others, 1994, 23 CLC (HCD)
....d and his decisions shall be final and shall not be called in question in any Court. (3) Any amount payable under sub-section (1) or(2) if not paid in due time, shall be recoverable as arrears of land revenue." 19. The section 5 of Family Courts Ordinance, 1985 deals with jurisdiction of Fami......osts. Send down the records at once. Ed. This Case is also Reported in: 48 DLR (1996) 48. ......en Chowdhmry Vs. 6th Senior Civil Judge, Ist Class, Karachi PLD 1976, 416; Sarder Mohammad vs. Nasima Bibi and others 19 DLR (WP) 50; ILR 6 Cal. 631, Baillie 447 and Hedaya 142;Rustom Ali Vs. Jamila khatun in 43 DLR 310. Lawyers Involved: Md. Amir Hossain, Advocate- For the Petitioner. Ahm............Petitioner Vs. Helana Begum and others........................Opposite Parties Judgment July 27, 1994. Cases Referred to- Ganhar Vs. Mrs. Ghulam Fating and another PLD 1984 Lahore, 124; Mrs. Parveen Chowdhmry Vs. 6th Senior Civil Judge, Ist Class, Karachi PLD 1976, 416; Sarde..Category: Family Law | Date: 27 Jul, 1994 | Hits: 196
Julhash Mollah (Md.) and another Vs. Ramani Kanta Malo and another, 1994, 23 CLC (AD)
.... brothers, No. 2 being minor at the relevant time, instituted Title Suit No. 80 of 1975 in the Fourth Court of Assistant Judge, Narayangonj for specific performance of contract for sale of the suit land alleging, inter alia, that defendant‑respondent No. 1 entered into an agreement to sell the...... ......Calcutta 232 (PC) a Single Judge of the High Court Division has held, in the impugned judgment dated 8th June, 1987 in Civil Revision No.746 of 1984, out of which this appeal has arisen by leave, that a suit for specific performance of contract by a minor is not maintainable on the ground that t......Vs. OM Srinivasa Raghava Chariar, ILR 40 Mad. 308 (FB); Muniya Konan Vs. Perumal Konan. Lawyers Involved: Moinul Huq, Advocate, instructed by Sharifuddin Chaklader, Advocate-on-Record-For the Petitioners. Miah Abdul Gafur, Advocate‑on‑Record ‑For the Respondent N..Category: Contract Law | Date: 25 Jul, 1994 | Hits: 295
Shankar Chandra Das and others Vs. Kalachand Das, 1994, 23 CLC (HCD)
....n transfer of the suit to the court of Senior Assistant Judge, Barisal, it was renumbered as Title Suit No 395 of 1984. The case of the plaintiff is that the plaintiff is the owner of 0.09 decimal of land of RS plot No. 2048 by pattan taken in 1359 BS from the previous owner Sukumar Sen and others. ......ported in: 46 DLR (HCD) (1994) 419 ......d in the schedule to the plaint and subsequently on transfer of the suit to the court of Senior Assistant Judge, Barisal, it was renumbered as Title Suit No 395 of 1984. The case of the plaintiff is that the plaintiff is the owner of 0.09 decimal of land of RS plot No. 2048 by pattan taken in 1359 B......3 DLR (AD) 87; Joy Narain Sea Ukil Vs. Srikanta and others. AIR 1922 (Cal) 8 AIR 1922 (Cal) at page 8; Erfan Ali Vs. Joynal Abedin Mia, 35 DLR (AD) 216; Shambhu Nath Poddar Vs. Bangladesh Railway and ors, 43 DLR (AD) 82. Lawyers Involved: Shamsul Alam, Advocate—For the Petitioner ..Category: Property Law | Date: 17 May, 1994 | Hits: 3
Abdul Kader alias Kadu and others Vs. State, 1994, 23 CLC (HCD)
....The prosecution case, in short, is that, about 2 years before the occurrence accused Abdus Samad Mondal, a neighbour of deceased Mohammad Ali, erected a tinshed for running a Maktab on 18 decimals of land in plot No.430 at a distance of about 50 cubits from the house of the informant (P.W.1). The de......ase is also Reported in:49 DLR (HCD) (1997) 577. ......din alias Chan, Sayeduzzaman and Abdur Rahman under sections 302/34 of the Penal Code and sentencing each of them thereunder to suffer imprisonment for life. 2. The prosecution case, in short, is that, about 2 years before the occurrence accused Abdus Samad Mondal, a neighbour of deceased Mohamma......…………Respondent Judgment May 16, 1994. Result: The appeal is allowed. Lawyers Involved: Khondker Mahbub Hossain with Golam Kibria and Md. Afzal Hossain, Advocates ‑ For the Appellants. Md. Fazlul Hoque Chowdhury, Advocate ‑ For the State. Criminal Appeal No...Category: Criminal Law | Date: 16 May, 1994 | Hits: 31
Bangladesh Vs. Md. Lokman Patwari and another, 1994, 23 CLC (AD)
....ferred by respondent No.5 for leave to appeal from the impugned judgment and order of the High Court Division is also dismissed. Ed. This Case is also Reported in: 46 DLR (AD) (1994) 163. ...... (Union Parishad) Ordinance, 1983 (LI of 1983), sections 15, 16 & 65 Office of the Chairman being that of public representative, it’s deprivation however temporary will be strictly viewed as because the petitioner is available now for running the affairs of the Union Parishad and the bas......ed. The CP No.478 of 1993 for leave to appeal is dismissed. The Local Government (Union Parishad) Ordinance, 1983 (LI of 1983), sections 15, 16 & 65 Office of the Chairman being that of public representative, it’s deprivation however temporary will be strictly viewed as becaus......r……………Respondents [In Civil Appeal No. 84 of 1993] MA Matin (Abdul Matin). ..................... Petitioner Vs. Md. Lokman Patwari ............Respondent [ In Civil Petition for Leave to Appeal No. 478 of 1993] Judgment April 19, 1994. Result: The appeal..Category: Election Law | Date: 19 Apr, 1994 | Hits: 133
Samarendra Nath Roy Chowdhury Vs. Abdul Jabbar and others, 1994, 23 CLC (HCD)
....tween the parties, such amendment must be granted and there is no discretion for the court in this regard. In 54 CWN 445, the plaintiff brought suit for a declaration of his title in certain plots of land. On one reading of the plaint it would appear that he claimed an undivided six annas in those p......dhury..................Petitioner Vs. Abdul Jabbar and others..............................Opposite Parties Judgment April 11, 1994. Result: Rule is made absolute. Cases Referred to- 54 CWN 445; AIR 1964 Cal 439; 13 DLR 871; 1994 BLT (AD) 4; AIR 1922 PC 249; A......mad Gholam Rabbani J.—This Rule at the instance of the plaintiff is directed against the trial Court's order rejecting an application for amendment of the plaint on a major ground which is that the said application consisting of wide typed pages is itself a new plaint, and on two minor gro......ade absolute. Cases Referred to- 54 CWN 445; AIR 1964 Cal 439; 13 DLR 871; 1994 BLT (AD) 4; AIR 1922 PC 249; AIR 1964 (Cal) 57. Lawyers Involved: Abdus Salam Khan, Advocate—For the Petitioner GH Afrin with Syed AB Mahmudul Hoque, Advocates—For the Opposite Partie..Category: Civil Law, Procedural Law | Date: 11 Apr, 1994 | Hits: 1
Farhad Hossain Vs. Mainuddin Hossain Chowdhury, 1994, 23 CLC (HCD)
.... section 147 of the Code of. Criminal Procedure that a Magistrate of the 1st Class can exercise jurisdiction if there is a dispute likely to cause a breach of peace regarding any right of user of any land or water. It is clear from the allegations made in the application before the learned Magistrat......Petitioner Vs. Mainuddin Hossain Chowdhury………………Opposite Party Judgment February 27, 1994 Result: The Rule is discharged. Cases Referred to- Md. Shalijahan Sheikh and ors. Vs. Sessions Judge, Pirojpur and others, 38 DL......ocedure. 2. The opposite party herein Md. Mainuddin Hossain Chowdhury filed an application before the Upazila Magistrate, Comilla under section 147 of the Code of Criminal Procedure complaining that his right of user of a pathway is being obstructed by the second party‑petitioner and there is......ury………………Opposite Party Judgment February 27, 1994 Result: The Rule is discharged. Cases Referred to- Md. Shalijahan Sheikh and ors. Vs. Sessions Judge, Pirojpur and others, 38 DLR (AD) 246. Lawyers Involved: Md. Amir ..Category: Criminal Law | Date: 27 Feb, 1994 | Hits: 1
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