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Anisuzzaman Vs. State, 1990, 19 CLC (HCD)

....bdur Rahman lodged an FIR on April 30, 1981 with the Jamalpur Police Station to the effect that on receipt from the Government 5 electric power pumps for Banarar Khal Project they were irrigating the land of Mouza Hamidpur. That out of the 5 pumps one was out of order about two months ago. In the ni......appeal with the aforesaid observation. The appellant is released from his bail bond. Ed. This Case is also Reported in: 43 DLR (1991) 35. ......roject authority. In the result, I allow the appeal with the aforesaid observation. The appellant is released from his bail bond. Ed. This Case is also Reported in: 43 DLR (1991) 35. ..

Category: Criminal Law | Date: 4 Feb, 1990 | Hits: 86

Momin Miah & another Vs. Moinuddin Hossain & another, 1989, 18 CLC (AD)

....cember 4, 1989. Result: The appeal is allowed. The Code of Civil Procedure, 1908 (V of 1908) Order XXXIX, rule I The judgement debtor entered into a contract to sell the mortgaged land for satisfaction of the decretal amount but full requirement has not been met. The bank was not......rder as to costs. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 175 ......ty in dispute, that is, item No.1 of Sched­ule 'B' of the Compromise petition (as in T.S. No.319 of 1986). No order as to costs. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 175 ..

Category: Contract Law | Date: 4 Dec, 1989 | Hits: 222

Moynul Hasan and others Vs. Nazmul Haq @ Nazmul Hasan and others, 1989, 18 CLC (HCD)

.... impugned order of the learned Subordinate Judge. In the result, the Rule is discharged without, however, any order as to costs. Ed. This Case is also Reported in: 43 DLR (1991) 82. ................Petitioners Vs. Nazmul Haq @ Nazmul Hasan and others.............Opposite Parties Judgment November 28, 1989. Result: The Rule is discharged. Without issuing summons on defendant No.8, not to speak of service of summon upon him, the compromise decree in ......ers and the opposite party No. 1 are full brothers born of the womb of the opposite party No. 2 Jamila Khatoon. 3. The petitioners as plaintiffs instituted a suit for partition of their paternal ejmali properties being Title Suit No. 278 of 1983 in the 3rd Court of Subordinate Judge, Dhaka agai..

Category: Limitation Law | Date: 28 Nov, 1989 | Hits: 219

Circle Officer, Sutrapur Vs. Mohammad, 1989, 18 CLC (HCD)

.... 3. The defendants in the written statement denied the allegations made in the plaint. The case for the Government (Defendants) is that the suit property (being a tank measuring more than 4 bighas of land) is recorded in the khas khatian not of the Collector, Dhaka. Zamindar Manmatha Bennerjee purch......t Judge, Dhaka immediately. Ed. This Case is also Reported in: 43 DLR (1991) 84. ...... the Rule is made absolute without any order as to cost. Let a copy of this judgment be sent to the District Judge, Dhaka immediately. Ed. This Case is also Reported in: 43 DLR (1991) 84. ..

Category: Limitation Law | Date: 9 Aug, 1989 | Hits: 178

Sree Birendra Nath Singh and others Vs. Md. Mokbul Shah and others, 1989, 18 CLC (HCD)

....ur Upazilla in Other Class Suit No.11 of 1984. 2. Facts giving rise to this Rule may briefly be stated as follows: 3. Plaintiff‑Petitioners instituted suit for declaration of title to the land described in the schedule of the plaint. Plaintiff‑Petitioners filed an application for amend......Ed. This Case is also Reported in: 43 DLR (1991) 77. ......erference. In the result, the Rule is discharged without any order as to costs. Send down the lower Court‑records at once. Ed. This Case is also Reported in: 43 DLR (1991) 77. ..

Category: Property Law | Date: 2 Aug, 1989 | Hits: 78

Meher Ali Vs. A.K. Murshid and others, 1989, 18 CLC (HCD)

.....132.(Shabek pukur-at present bhiti) of mouza Hajiganj, P.S. Narayanganj, District Narayanganj and also for a declar­ation that defendant No.1 A.K. Murshed is a tenant in the premises in the suit land. Plaintiff and defen­dant Nos.2-6 are sub-lessees inducted by defendant No.1. The suit land...... This Case is also Reported in: 42 DLR (HCD) (1990) 357. ......inate Judge, Narayanganj is directed to dispose of T.S. No.56 of 1984 in accordance with law as expeditiously as pos­sible. Ed. This Case is also Reported in: 42 DLR (HCD) (1990) 357. ..

Category: Tenancy Law | Date: 25 May, 1989 | Hits: 152

Niropoma Ritchel Vs. Mohammad Abdul Jalil Mea & others, 1989, 18 CLC (HCD)

....Court of Subordinate Judge, Mymensingh in O.C. Suit No. 270/79 decreeing the plaintiffs suit for simple declaration of title. 2. The plaintiff filed a Suit for declaration of his title in the suit land stating, inter alia, that defen­dant No.1 Hemanta Kumar Areng while owned and possessed the Su....... Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 467.......and the appeal is allowed without any order as to cost and the suit is dismissed. Let the records of the case be sent down at once. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 467...

Category: Contract Law | Date: 13 Mar, 1989 | Hits: 941

Sukhendra Chandra Das Vs. Secretary, Ministry of Home Affairs, Govt. of Bangladesh and Others, 1988, 17 CLC (HCD)

.... Certificate Examination of the Dhaka Board in 1987 as well as in 1988 but could not pass the said examination. Accused Shahidul Islam lives in his father's, house. There are houses and some plots of land in be­tween my house and the house of accused Shahidul Islam. Accused Shahidul Islam used to w......issioner, Narayanganj and also to the Upazila Magistrate Arai­hazar Upazila. Ed. This Case is also Reported in: 42 DLR (HD) (1990) 79. ......t be sent at once to the Sessions Judge and the Deputy Commissioner, Narayanganj and also to the Upazila Magistrate Arai­hazar Upazila. Ed. This Case is also Reported in: 42 DLR (HD) (1990) 79. ..

Category: Women and Children | Date: 13 Dec, 1988 | Hits: 193

Mohammad Meah Vs. Pubali Bank & others, 1988, 17 CLC (AD)

....ff did not mention the word 'lien' nor did he do so in his written objection to the application filed by the Bank for vacating that order. To say the least rule of pleading does not warrant it. In England under RSC Order 18 Rule 11 "a party may by his pleading raise any point of law. There is a vita....... This Case is also Reported in: 41 DLR (AD) (1989) 14.   ...... Order of the Court. By a majority decision the appeal is dismissed without order as to costs. Ed. This Case is also Reported in: 41 DLR (AD) (1989) 14.   ..

Category: Contract Law | Date: 1 Sep, 1988 | Hits: 252

Sachindra Lal Das and others Vs. Hriday Ranjan Das, 1987, 16 CLC (AD)

....High Court Division is in the judgment and decree dated 7 June 1984 in S.A. No. 456 of 1984, Chittagong Bench. Circumstances that led to this appeal are given in the following paragraphs. 2. The land in suit comprising plots Nos. 1958 and 1965 originally belonged to two brothers, Jaghabandhu an......order as to costs. Ed. This Case is also Reported in: 40 DLR (AD) (1988) 56. ......nciple of res judicata and dismissed the suit. In the result, the appeal is dismissed without however any order as to costs. Ed. This Case is also Reported in: 40 DLR (AD) (1988) 56. ..

Category: Civil Law, Procedural Law | Date: 20 Jul, 1987 | Hits: 106

Sreemati Parul Kusum Roy Vs. Bangladesh & others, 1987, 16 CLC (HCD)

....roperty on the recommendation of the respondent No.4, namely Upazila, Revenue Officer, Anowara and appro­ving grant of lease thereof in favour of the stranger respondent Nos.6-9. 2. 8.23 acres of land as described in the schedule in para No.2 of the petition belonged to Jogesh Chandra Roy. He di......ity and to be no legal effect. Bimalendu Bikash Roy Chowdhury J. - I agree. Ed. This Case is also Reported in: 39 DLR (HCD) (1987) 389. ......declared to have been passed without any lawful authority and to be no legal effect. Bimalendu Bikash Roy Chowdhury J. - I agree. Ed. This Case is also Reported in: 39 DLR (HCD) (1987) 389. ..

Category: Property Law | Date: 22 Mar, 1987 | Hits: 13

Subitri Bari Vs. Assistant Custodian of Enemy Property & Additional Deputy Commissioner (Rev) Patuakhali & others, 1986, 15 CLC (HCD)

.... No.1 Sabitri Barai instituted a suit being Title Suit No.397 of 1961 in the 1st Court of Munsif, Patuakhali against opposite party No.2 Surendra Nath Sen for declaration of her Title to 5175 acre of land recorded in plot Nos.7048, 7049, 7030, 7051 and 7047 appertaining to S.A. Khatian No.2071 of Mo...... made absolute. Cases Referred to- Bangladesh Enemy Property Management Board and others Vs. Md. Abdul Majid, 27 DLR (AD) 52; M/S. Dullchand Omraolal Vs. Bangladesh, through the Secretary, Ministry of Industries and on 33 DLR (AD) 30; Ahsan Ali Vs. District Judge, P.L.D. 1969 (SC) 167 (173......evidence that may be adduced be­fore him. Bimaleodu Bikash Roy Chowdhury J. - I, however, make no order as to cost. Ed. This Case is also Reported in: 39 DLR (HCD) (1987) 172. ..

Category: Evidence Law | Date: 16 Sep, 1986 | Hits: 259

Sarping Matshajibi Samabaya Samiti Ltd. Vs. Bangladesh and others, 1986, 15 CLC (HCD)

....lling a lease though purpor­ting to act under terms of the contract but in fact acting beyond the terms of the contract, arbitrarily on grounds having no nexus with the contract or the law of the land. In the case of Hasna Mansur & others Vs. Secretary, Ministry of Public and Urban Deve­......riod of two months from today. Sultan Hossain Khan J.- I agree. Ed. This Case is also Reported in: 39 DLR (HCD) (1987) 78. ......eration of this judg­ment and order be stayed for a period of two months from today. Sultan Hossain Khan J.- I agree. Ed. This Case is also Reported in: 39 DLR (HCD) (1987) 78. ..

Category: Tenancy Law | Date: 23 Apr, 1986 | Hits: 247

Reajuddin and another Vs. Azimuddin@ Abdul Aziz and others, 1986, 15 CLC (HCD)

....tle Suite No.7 of 1974. 2.The plaintiff instituted this suit for esta­blishment of title and confirmation of possession or in the alternative for recovery of khas poss­ession in the suit land and for a declaration that the order made in vested Property case in respect of the suit land w......s also Reported in: 39 DLR (HCD)(1987) 228. ......ent of the learned Lower Appellate Court it affirmed. In the result, the Rule is discharged without any order as to costs. Ed. This Case is also Reported in: 39 DLR (HCD)(1987) 228. ..

Category: Evidence Law | Date: 3 Apr, 1986 | Hits: 8

Mst. Ayesha Sultana @ Minu Vs. Md. Shahjahan Ali, 1986, 15 CLC (HCD)

....ll— (a) pay immediately the entire amount of the dower, whether prompt or deferred, due to the existing wife or wives, which amount, if not so paid, shall be recover­able as arrears of land revenue; and “(b) On conviction upon complaint be punishable with simple imprisonmen...... for three months. Latifur Rahman J.—I agree. Ed. This Case is also Reported in: 38 DLR (HCD) (1986) 140. ......ce to pay a fine of Tk. 1000/- in default to suffer simple imprisonment for three months. Latifur Rahman J.—I agree. Ed. This Case is also Reported in: 38 DLR (HCD) (1986) 140. ..

Category: Family Law | Date: 17 Mar, 1986 | Hits: 1

Md. Musa & others Vs. Tazul Islam & others, 1985, 14 CLC (HCD)

....t's order of injunction. The defendant also cut one Jam tree and one big palm tree in viola­tion of the order of status quo and they kept the plaintiffs out of possession of several kanies of land. Those defendants are determined to oust the plaintiffs from their ancestral pro­perties wh...... Ed. This Case is also Reported in: 38 DLR (HCD) (1986) 134. ...... The appeal is summarily dismissed without any order as to costs. Fazle Hussain Mohammed Habibur Rahman J.—I agree Ed. This Case is also Reported in: 38 DLR (HCD) (1986) 134. ..

Category: Civil Law, Procedural Law | Date: 8 Dec, 1985 | Hits: 180

Abul Quasem (Md) Vs. Md. Lutfur Rahman, 1985, 14 CLC (AD)

....to ascertain CS Plot No. 181 as described in lot No. 1 of the schedule of the plaint and prepare a map thereof." 4. The Trial Court also appointed an Advocate to hold inspection of the suit land and issued an order to ascertain the exact location of the septic tank, sunshed and eastern wal......s Case is also Reported in: 43 DLR (AD) (1991) 17; 10 BLD (AD) 3. ......e rise to any apprehension in the mind of the litigant. In the result, therefore, this petition is dismissed. Ed. This Case is also Reported in: 43 DLR (AD) (1991) 17; 10 BLD (AD) 3. ..

Category: Property Law | Date: 11 Nov, 1985 | Hits: 44

Mahmljdul Huq Vs. Golam Mowla, 1985, 14 CLC (HCD)

....took into consideration the defence case that there was a civil suit between the parties and the complainant petitioner was restrained by an order of ad-interim injunction from entering into the suit land. He also took into considera­tion a proceeding under section 144 and 145 Cr.P.C. instituted......Noakhali. Let the L.C. records be sent back immediately. Ed. This Case is also Reported in: 6 BLD (HCD) (1986) 1     ......h they were quashed by the learned Sessions Judge, Noakhali. Let the L.C. records be sent back immediately. Ed. This Case is also Reported in: 6 BLD (HCD) (1986) 1     ..

Category: Criminal Law, Procedural Law | Date: 30 Jul, 1985 | Hits: 1

Sydul Haque Sowdagar Vs. Abul Kashem Chowdhury and others, 1985, 14 CLC (HCD)

....e 8 accused persons namely, Abul Kashem Chowdhury, Azizul Haque, Afzal Ahmed, Mofzal Ahmed, Jamal Hossain, Nurul Islam, Md. Alam and Md. Idris along with 10/15 others took away from complainant's land paddy worth Taka 3000/- from his possession and that the paddy was grown by him. The Police inv......charged. Md. Abdul Jalil J.-I agree. Ed. This Case is also Reported in: 38 DLR (HCD) (1986) 14.   ......shy;dings before the Special Tribunals. In the result, the Rule is discharged. Md. Abdul Jalil J.-I agree. Ed. This Case is also Reported in: 38 DLR (HCD) (1986) 14.   ..

Category: Criminal Law | Date: 23 Jul, 1985 | Hits: 1

Md. Azimuddin Pramanik & others Vs. Sree Satya Narayan Pramanik & others, 1985, 14 CLC (AD)

....lip;………Respondents Judgment July 9, 1985. Result: The appeal is allowed. The State Acquisition and Tenancy Act, 1950 (XXVIII of 1951) When the suit land has been transferred to the appellants who are co-sharers of the vender in the tenancy by purch...... Ed. This Case is also Reported in: 37 DLR (AD) (1985) 220. ....... The impugned order of the High Court Divi­sion is set aside and that of the trial court is restored. No order as to costs. Ed. This Case is also Reported in: 37 DLR (AD) (1985) 220. ..

Category: Property Law | Date: 9 Jul, 1985 | Hits: 40