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.... certified copy of the decree before the executing court after its correction.
Ed.
This Case is also Reported in: 46 DLR (HCD) (1994) 199
......sp;
......show-cause why the order dated 23.11.92 passed by the learned Subordinate Judge, 3rd Court, Dhaka in Money Suit No. 19 of 1989 shall not be set aside.
2. The petitioner's case, in short, is that they as plaintiff instituted Money Suit No. 19 of 1989 before he aforesaid Court against opposit......arties
Judgment
February 24, 1994.
Result:
The Rule is made absolute.
Cases Referred to-
22 DLR 130 (Province of East Pakistan Vs. His Highness Maharaja Kirti Bikram Kishore Deve Barman Manikya Bahadur; 29 DLR 81 (Ibrahim Sk. and others Vs. Janab Sk. alias Janab Ali Sk...
Category: Civil Law, Property Law | Date: 24 Feb, 1994 | Hits: 1
Shaikh Tabibur Rahman and others Vs. Shaikh Nazrul Islam and others
....uance of the no‑objection certificate. 8. This impugned order was issued on 3.10,87 from the office of the Deputy Commissioner, Thereafter, the defendant No. 1 made certain construction on his land and brought the machineries for the cinema hall. All these things are on record, Mr. Moqbul Ahm......discharged. Suit Filed By a Representative Under Order 1 Rule 8 of the Code of Civil Procedure a representative suit can be filed with the permission of the Court. The Court shall in such case give, at the plaintiff's expense, notice of the institution of the suit to all concerned. Ab......ot be set aside. 2. The plaintiffs are the petitioners before this court. The plaintiffs instituted the aforesaid suit claiming themselves as representatives of the local area for a declaration that the no objection certificate granted by the Deputy Commissioner, Khulna, for construction of a c......permission of the Court renders the proceeding untenable in law……………… (9) Article 14 of the Limitation Act Since the 'No objection certificate for the construction of a cinema hall was issued by the Deputy Commissioner under the Cinematograph R..Category: Limitation Law, Procedural Law | Date: 7 Feb, 1994 | Hits: 1
Bangladesh Environmental Lawyers' Association Vs. Election Commission & others, 1994, 23 CLC (HCD)
....rned, it has been stated in the affidavit-in‑opposition that if any act or thing done is found to be in violation of law, the law enforcing agency will take all necessary steps to implement the law land rules. Thus it is clear that not only the Election Commission has issued the necessary directio......hellip;………………Respondents Judgment January 27, 1994. Result: This Rule is disposed of. Lawyers Involved: Dr. AKM Ali, Advocate—For the Petitioner Aminul Hoque, Attorney‑General, with AF Hassan Arif, DAG—For the......in Farooque, Secretary General of the Bangladesh Environmental Lawyers Association, an Association registered under the Societies Registration Act, 1860, filed this application alleging, inier alia, that the candidates for the offices of Ward Commissioners and Mayor of the Dhaka City Corporation in ......p;………………Respondents Judgment January 27, 1994. Result: This Rule is disposed of. Lawyers Involved: Dr. AKM Ali, Advocate—For the Petitioner Aminul Hoque, Attorney‑General, with AF Hassan Arif, DAG—For the Stat..Category: Constitutional Law | Date: 27 Jan, 1994 | Hits: 3
.... inviting applications for the allotment of Plots in 'Nikunja Residential Area' Project of the respondent No.1 as published on 4th May, 1992 (Annexure G to the petition) purporting to include lands of Mouza Joar Shahara JL No.271 District, Dhaka allegedly belonging to the petitioners have be......ellip;………………………………Respondents
Judgment
November 22, 1993.
Result:
The Rule is discharged.
Cases Referred to-
Standard Vacuum Oil Co. Vs. The Trustees of the Port of Chittagong , 13 DLR 8......In the Writ Petition No. 3078 of 1992 Sadeque Uddin Ahmed and 4 others, in Writ Petition No. 3733 of 1992 AFM. Zakaria and another, Writ Petition No. 3734 of 1992 Jabed Ali and 7 others have claimed that while their predecessors‑in ‑interest being the original owners of the lands in Plot Nos.216......sent:
Habibur Rahman Khan J
Md. Fazlul Karim J
Sadeque Uddin Ahmed & others………………Petitioners
Vs.
Rajdhani Unnayan Kartripakhya (formerly Dhaka Improvement Trust) and others…………………&..
Category: Constitutional Law, Property Law | Date: 22 Nov, 1993 | Hits: 2
Meherun Hossain and others Vs. Nazrul Islam and others, 1993, 22 CLC (HCD)
....ing also the government respondent in the said suit for specific performance of a contract for sale on the allegations, inter alia, that the property measuring 174 decimals with five rooms and vacant land originally belonged to late Khan Bahadur Hazi Md. Hossain who died leaving two sons Ahmed Hossa......ellip;……………………………Respondents Judgment November 14, 1993. Result: The appeal is allowed in part. Cases Referred to- Imambandi Vs. Mutsuddi,45 IA 73; Md. Ejaz Vs. Md. Iftikher, AIR 1932 PC 76; M......1 filed the aforesaid suit against the defendant appellants impleading also the government respondent in the said suit for specific performance of a contract for sale on the allegations, inter alia, that the property measuring 174 decimals with five rooms and vacant land originally belonged to late ......mber 14, 1993. Result: The appeal is allowed in part. Cases Referred to- Imambandi Vs. Mutsuddi,45 IA 73; Md. Ejaz Vs. Md. Iftikher, AIR 1932 PC 76; Mir Sarwajan Vs. Fakaruddin reported in 39 IA 1;Abdul Haq Vs. Md. Yahiya Khan, 78 IC 483; Sreenath Vs. Jatindra Mohan, 30 CWN 263; ..Category: Property Law | Date: 14 Nov, 1993 | Hits: 2
....reading over in the part of two CS Plot Nos. 3730 and 3731 appertaining to JL No. 63 of Mouza Lakshmipur, Banchanagar, thana and district Lakshmipur. The said plots consist of 0.71 and 47 decimals of land respectively. The petitioner has got Bagan in a portion of plot 3730, a house in a portion of p......er
Vs.
Secretary, Ministry of Land Administration and Land Reforms & others…...Respondents
Judgment
September 9, 1993.
Result:
The Rule is made absolute
Cases Referred to-
Sufia Khaitin Vs. Secretary, Revenue Department & others 20 DLR (SC) 18; ......ained in Annexure E and El should not be declared as to have been passed without any lawful authority and is of no legal effect.
2. The case of the petitioner as detailed in the application is, that he has got his homestead spreading over in the part of two CS Plot Nos. 3730 and 3731 appertaini......ent:
Habibur Rahman Khan J
Mohammad Fazlul Karim J
Haji Abdur Rahim.....................................Petitioner
Vs.
Secretary, Ministry of Land Administration and Land Reforms & others…...Respondents
Judgment
September 9, 1993.
Result:
The ..
Category: Property Law | Date: 9 Sep, 1993 | Hits: 4
....his court. There are two cases, one for probate and another for Letters of Administration in respect of the suit property. The case of the petitioner‑respondents that one Protab Chandra Das was the land holder and resident of 48, North Brook Hall Road. He possessed considerable movable and immovab...... and others…………………..Respondents
Judgment
September 7, 1993
Result:
Both the appeals are dismissed.
Lawyers Involved:
SC Das with, NK Shaha, Advocates‑For the opposite party‑appellant
Zakir Hossain with Md. Matiur......ict Judge is the appellant before this court. There are two cases, one for probate and another for Letters of Administration in respect of the suit property. The case of the petitioner‑respondents that one Protab Chandra Das was the land holder and resident of 48, North Brook Hall Road. He possess......ip;…………..Respondents
Judgment
September 7, 1993
Result:
Both the appeals are dismissed.
Lawyers Involved:
SC Das with, NK Shaha, Advocates‑For the opposite party‑appellant
Zakir Hossain with Md. Matiur Rahman Advocates‑For the peti..
Category: Property Law | Date: 7 Sep, 1993 | Hits: 2
Ashok Kumar Saha Vs. State, 1993, 22 CLC (HCD)
.... trend of cross‑examination of the P.W.s, the defence case as transpired was that no heroin was recovered from their possession as alleged and that because of previous enmity and bad terms with the landlord of the house over payment of house rents this false case was started only to harass the acc......………………………Respondent Judgment September 2, 1993. Result: T he appeal is allowed. Cases Referred to- S Mohsin Sharif Vs. State, 7 DLR 186; Azizur Rahman and othen Vs. State 1984 ......6 months more. 2. The case was started on the basis of a formal FIR dated 22.1.1992 lodged with the Sabujbagh PS Dhaka by P.W.1 Md. Abdur Rashid, Inspector, CID Bangladesh alleging, inter alia, that on 30.10.91 at 8.30 AM on receipt of a secret information, he along with some other members of h......red to- S Mohsin Sharif Vs. State, 7 DLR 186; Azizur Rahman and othen Vs. State 1984 BCR (AD) 370; Panchu alias Paigam Ali Vs. Stat, 26 DLR 297; Daud Ali Vs. State, 27 DLR 155; Nazir Ahmed & ors. Vs. State, 1985 BCR 279; Ismail Munshi Vs. State, 33 DLR 5; AKM Reza and others Vs. State, 9 DL..Category: Criminal Law | Date: 2 Sep, 1993 | Hits: 2
Haider Ali Fakir Vs. Government of Bangladesh others, 1993, 22 CLC (HCD)
....e Government and referred to the decision in the case of Rahela Khatoon Vs. Chairman, Court of Settlement reported in 45 DLR 5. Mr. Chowdhury also submitted that in view of his possession in the case land on the basis of the deed of agreement dated 19.5.71 and subsequent notice dated 8.2.86 issued b...... Vs. Government of Bangladesh others……………....................Respondents Judgment August 25, 1993. Result: The Rule is discharged. Cases Referred to- Hosne Ara Begum Vs. Chairman, the Court of Settlement and others in CPSL Appe......t August 25, 1993. Result: The Rule is discharged. Cases Referred to- Hosne Ara Begum Vs. Chairman, the Court of Settlement and others in CPSL Appeal No. 290 of 1990; Rahela Khatoon Vs. Chairman, Court of Settlement 45 DLR 5. Government of Bangladesh Vs. Messrs ATJ Industrie......d others, 28 DLR (AD) 120; Government of Bangladesh Vs. Mirza Shahab Ispahan, 40 DLR (AD) 116. Lawyers Involved: Khademul Islam Chowdhury with Mohammad Ali, and Muslima Khanam, Advocates‑For the Petitioner. Saidur Rahman with Abdul Mannan Bhuiyan, Assistant Attorney‑General‑For ..Category: Abandoned Properties Law, Property Law | Date: 25 Aug, 1993 | Hits: 11
Wahida Khatun Bibi Vs. Khurshid Alam Mia and Others, 1993, 22 CLC (HCD)
....nstituted Title Suit No. 24 of 1992 in the Court of Subordinate Judge, Feni for a declaration of title over the property mentioned in 'Kha' schedule and for recovery of Khas possession of the land mentioned in the schedule 'Ga' of the plaint after demolishing construction raised, War.....................Petitioner Vs. Khurshid Alam Mia and Others...........................Opposite Parties Judgment August 24, 1993. Result: The Rule is made absolute. Cases Referred to- Md. Swaleh Vs. UG and Fodder Agencies, 16 DLR (SC) 155, 160; Ashwini Kumar Ka......CD) (1994) 279 ...... Fodder Agencies, 16 DLR (SC) 155, 160; Ashwini Kumar Karmaker Vs. Hari Mohan and others, 36 OR (AD) 1; Bibi Gurdevi represented by Prithpi Rajkhosla Vs. Chowdhury Mohammad Bakhsh and others, 1943 Lahore (1711) 65. Lawyers Involved: Shahabuddin Ahmad, Advocate—For the Petitioner ..Category: Civil Law, Procedural Law | Date: 24 Aug, 1993 | Hits: 2
A Quyyum and another Vs. Uttara Bank Limited and Others, 1993, 22 CLC (HCD)
....t aside and the suit is dismissed. In the facts and circumstances of the case, however, we make no Order as to cost. Ed. This Case is also Reported in: 46 DLR (HCD) (1994) 156 ......p;……....Petitioners Vs. Uttara Bank Limited and Others……….....Respondents Judgment July 25, 1993. Result: The appeal is allowed. Cases Referred to- Percy F. Fisher Vs. Ardeshir Hormasji Gazdar and another, A.I.R. 1935 (Bombay...... Court, Dhaka, which was later on renumbered as Money Suit No. 657 of 1984. on transfer, for a decree of Tk. 1,07,099/08 with interest from the Defendants-Appellants, on the allegations, inter alia, that late Halima Khatoon, wife of Appellant No. 1 and mother of Appellant No. 2, opened current accou......a Bank Limited and Others……….....Respondents Judgment July 25, 1993. Result: The appeal is allowed. Cases Referred to- Percy F. Fisher Vs. Ardeshir Hormasji Gazdar and another, A.I.R. 1935 (Bombay) 213; Mahalinga Nadar Vs. Vanapathi Subbien , I.L.R...Category: Limitation Law | Date: 25 Jul, 1993 | Hits: 3
....citizen by birth and a permanent citizen of Bangladesh and never acquired any other nationality and used Pakistani passport as a travel document to facilitate his stay abroad and to travel to his own land. Since then the detenu-petitioner has been living in Bangladesh and he got his visa extended tw......Ministry of Home Affairs, Bangladesh Secretariat, Dhaka and others.....................................Respondents
Judgment
July 14, 1993.
Result:
The Rule is made absolute.
Cases Referred to-
Mrs.Rowshan Bijaya Shaukat Ali Khan Vs. Government of East Pakistan, 17 DLR 1......, Bangladesh, represented by the Secretary, Ministry of Home Affairs and others to show cause why the said detenu who is now detained in Dhaka Central Jail should not be brought before this Court so that it may satisfy itself that he is not being held in custody without any lawful authority or in an......o Reported in: 46 DLR (HCD)(1994) 29
..
Category: Constitutional Law | Date: 14 Jul, 1993 | Hits: 7
Abul Khayer and 3 others Vs. State, 1993, 22 CLC (HCD)
.... any other case. Let the records of the case be sent down at once along with a copy of this judgment and order. Ed. This Case is also Reported in: 46 DLR (HCD) (1994) 212 ......Case is also Reported in: 46 DLR (HCD) (1994) 212 ......m and Abdus Sattar under sections 302/34 of the Penal Code and sentencing each of them to suffer imprisonment for life and acquitting the accused Shakina Bibi. 2. Prosecution case, in short, is that on 9.12.97 Wednesday at about 10/11 Rahimuddin son of Joha Mondal of village Baniduar and Jamalu......ul Kashem and another Vs. State, 40 DLR (AD) 97; 40 DLR at pages 29, 139 and 144;1991 BLD (AD) 265 Lawyers Involved: AKM Faiz with Salma Masud Chowdhury and AM Fakhrul Alam,Advocates—For the Appellants. Md. Abdus Salam Mamun, AAG—For the State. Criminal Appeal No. 127..Category: Evidence Law, Procedural Law | Date: 8 Jul, 1993 | Hits: 10
Rajdhani Unnayan Kartipakkha (RAJUK) Vs. Mir Nousher Ali, 1993, 22 CLC (HCD)
....r. His case was that the suit property along with other property belonged to Nowab Estate, Dhaka and subsequently was managed by Court of Wards. The opposite party after taking settlement of the suit land from the Chief Manager of Nowab Court of Wards was in possession on payment of Salami and rent.......llip;………………………………Opposite Party Judgment June 21, 1993 Result: The Rule is made absolute. Cases Referred to- Managing Committee NMC Model High School and others Vs. Obaidur Rahman Choudh...... 2. The application for amendment arose out of the following situation. The opposite party instituted the suit for permanent injunction on various allegations against the petitioner. His case was that the suit property along with other property belonged to Nowab Estate, Dhaka and subsequently was......ferred to- Managing Committee NMC Model High School and others Vs. Obaidur Rahman Choudhury and others, 31 DLR (Al)) 133. Lawyers Involved: M Nurullah with AQM Shafiullah, Advocates‑For the Petitioner. Saha Md. Abu Nayeem Mohammad Mominur Rahman, Advocate‑For the Opposite Par..Category: Civil Law | Date: 21 Jun, 1993 | Hits: 1
Madaris Ali and others Vs. Biswamber Das being dead his heirs, 1993, 22 CLC (HCD)
....tious acts of possession on the part of the plaintiffs behind the back of such recorded owners who were admittedly residents of a distant place in the absence of any evidence of forcible entry in the land in denial of title of such owners cannot amount to adverse possession of the plaintiffs in the ...... Hoque J Madaris Ali and others…………………………………………Appellants Vs. Biswamber Das being dead his heirs………………….Respondents Jud......wamber Das being dead his heirs………………….Respondents Judgment June 21, 1993. Result: The appeal is allowed. It is well settled that possession follows title. Even occasional surreptitious acts of possession on the part of the pl...... Result: The appeal is allowed. It is well settled that possession follows title. Even occasional surreptitious acts of possession on the part of the plaintiffs behind the back of such recorded owners who were admittedly residents of a distant place in the absence of any evidence of forc..Category: Property Law | Date: 21 Jun, 1993 | Hits: 6
....up industrial and commercial ventures through collective efforts. The Unnayan Parishad filed an application on 12.12.79 to the Secretary, Ministry of Railways, for getting lease of 12 acres of excess land of the Railways at village Jinardi for the purpose of setting up an industry there. The Ministr......nbsp;
February 16, 1993.
Result:
The appeal is allowed.
Lawyers Involved:
Mahmudul Islam, Advocate—For the Appellants
Shaheed Alam, Advocate—For the Respondents.
First Appeal No. ......the learned Subordinate Judge, Narshingdi, in Title Suit No. 85 of 1985 dismissing the suit for specific performance of contract.
2. Facts out of which the present appeal arises, in short, are, that plaintiffs, who are the members of the Executive Committee of Jinardi Union Unnayan Parishad, fi......(HCD) (1994) 268
..
Category: Contract Law, Property Law | Date: 16 Feb, 1993 | Hits: 2
Rebati Ranjan Dhar & another Vs. Jatish Chandra Dhar, 1993, 22 CLC (HCD)
....e instituted under section 8 of the Alienation of Land (Distressed Circumstances) (Restoration) Ordinance, 1976 (Ordinance No.XXVIII of 1976). 2. The petitioner filed the case for restoration of land transferred for economic distress. According to section 2(c), period of economic distress means...... Omar Farook, Advocate‑For the Opposite Party No. 1. Civil Revision No. 4747 of 1991. Judgment AM Mahmudur Rahman J.- This Rule is against an order of the Assistant Judge selling aside an order passed in Miscellaneous Case instituted under section 8 of the Alienation of Land (Di......ber, 1974. In this case as the sale was effected oil November 30, 1974 the transfer was during the period of economic distress. The Authorised Officer, Circle Officer (Revenue) Banshkhali on finding that the transfer was for economic distress 27.7.77 allowed the case and directed the opposite party ......hellip;………………Opposite Party Judgment February 15, 1993. Result: The Rule is discharged. Lawyers Involved: Ahsanullah Chowdhury for Farmanullah Khan, Advocates‑For the Petitioner. Omar Farook, Advocate‑For the Opposite P..Category: Civil Law | Date: 15 Feb, 1993 | Hits: 1
Jahanara Begum Vs. State, 1993, 21 CLC (HCD)
.... District Jail, Barisal be set at liberty at once unless his further detention is required in any other connection. Ed. This Case is also Reported in: 46 DLR (HCD) (1994) 107. .......................Petitioner Vs. State...................................................... Opposite Party Judgment January 20, 1993. Result: The Rule is absolute. Cases Referred to- 45 DLR (AD) 89; 35 DLR 318; 20 DLR 1005; 28 DLR 117; 40 DLR 193; 45 DLR 318; ......king section 419 of the Code of Criminal Procedure was filed by one Jahanara Begum who happened to be the wife of the detenu challenging the detention of the detenu on various grounds. It is alleged that on 10.9.93 the detenu was at first arrested in connection with Muladi Police Station Case No. 4 ...... Opposite Party Judgment January 20, 1993. Result: The Rule is absolute. Cases Referred to- 45 DLR (AD) 89; 35 DLR 318; 20 DLR 1005; 28 DLR 117; 40 DLR 193; 45 DLR 318; Borjahan Vs. State of West Bengal, AIR 1972 (SC) 2256 AIR 1972 at page 2256. Lawyers Involved: ..Category: Criminal Law | Date: 20 Jan, 1993 | Hits: 1
Soleman (Md.) Vs. Ahbarek Khalifa and others, 1992, 21 CLC (HCD)
....tion before the Upazila Magistrate against the accused party opposite party Nos. 1‑5 claiming that he is in possession and enjoying the case plot No. 281 of Khatian No. 104 an area of 3.42 acres of land, half of the said case land was purchased by him and her, brothers through registered kabala de......ioner Vs. Ahbarek Khalifa and others..................Opposite Parties Judgment December 2, 1992. Result: The Rule is made absolute. Taking Evidence on which Party was in Possession of the Disputed Property— In a proceeding under Section 145 Cr.P.C. it is fo......arty and the apprehension of criminal breach of peace. 2. The petitioner as first party filed petition before the Upazila Magistrate against the accused party opposite party Nos. 1‑5 claiming that he is in possession and enjoying the case plot No. 281 of Khatian No. 104 an area of 3.42 acres ...... December 2, 1992. Result: The Rule is made absolute. Taking Evidence on which Party was in Possession of the Disputed Property— In a proceeding under Section 145 Cr.P.C. it is for the Magistrate to decide upon taking evidence which party was in possession of the disputed prope..Category: Criminal Law, Procedural Law | Date: 2 Dec, 1992 | Hits: 1
Shamsun Nahar Awal Vs. Board of Intermediate and Secondary Education, and others, 1992, 21 CLC (HCD)
....in Writ Petition No. 2514 of 1992 stands discharged and consequence the concerned stay order is vacated. Ed. This Case is also Reported in: 46 DLR (HCD) (1994) 365 ......rged. While the power to add to, amend, vary or rescind is available under section 21 of the General Clauses Act such power does not include the authority to take away a validly acquired right— Whether only one who is affected by an order or a resolution has a right to be heard&mdash......ing or cancelling an earlier one which has given rise to certain rights shall have to be founded on some statutory provisions. In the context of the facts of this case, we are clearly of the opinion that as a result of cancellation of the notification under Acting President's Order, certain righ......etition No. 1661 of 1989 is made absolute Writ Petition No. 4 of 1990 is discharged The Rule in Writ Petition No. 2514 of 1992 stands discharged. While the power to add to, amend, vary or rescind is available under section 21 of the General Clauses Act such power does not include the ..Category: Administrative Law | Date: 27 Aug, 1992 | Hits: 1
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