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Mohammad Hossain Khalifa Vs. Kalachand Das & others, 1983, 12 CLC (HCD)
....Deputy Commissioner, Patuakhali and the opposite parties to show cause as to why the order complained of in the petition moved in Court should not be set aside and the Rule was issued in terms of the prayer which shows that the order complained of was the order dated 21-10-81 passed by the learned M......eeding to decide disputed question of title rather the enquiry under section 145 of the Code of Criminal Procedure is limited to the question as to who was in possession at the relevant time. This is for the Civil Court to decide. In order to find out actual possession on the day of the dispute, the...... In the result, this Rule is discharged. Send down the records at once. Ed. This Case is also Reported in: 3 BLD (HCD) (1983) 262. ...... In the result, this Rule is discharged. Send down the records at once. Ed. This Case is also Reported in: 3 BLD (HCD) (1983) 262. ..Category: Criminal Law, Property Law | Date: 9 Mar, 1983 | Hits: 1
Neerala Tea Estate & others Vs. Government of Bangladesh & others, 1983, 12 CLC (HCD)
....amidul Huq Chowdhury, the learned Advocate, prays for leave under section 109 (c) of the Code of Civil Procedure for a certificate that it is a fit case for appeal to the Appellate Division. The prayer is allowed. It is certified that it is a fit case for appeal to the Appellate Division. ......neral — For the Respondents. Writ Petition No. 529 of 1980. Judgment Fazle Hossain Mohammad Habibur Rahman J.- This is an application under section 82 of the Civil Procedure Code for reporting the case for the order of the Government. 2. Section 82 of the Civil Procedure Co......eal to the Appellate Division. The prayer is allowed. It is certified that it is a fit case for appeal to the Appellate Division. Ed. This Case is also Reported in: 41 DLR (1989) 90. ......eal to the Appellate Division. The prayer is allowed. It is certified that it is a fit case for appeal to the Appellate Division. Ed. This Case is also Reported in: 41 DLR (1989) 90. ..Category: Civil Law | Date: 16 Feb, 1983 | Hits: 88
Shamsur Rahman Khan and others Vs. Government of Bangladesh, 1983, 12 CLC (HCD)
....Act. It was further contended by the defdts. that the compensation assessment roll in respect of the suit land has already finally been published as such the suit land was rightly acquired. As to the prayer of temporary injunction defdts. submitted that the prayer for temporary injunction should not......re passed in Title Suit No.839/78 on 16-1-79 should not be set aside. 2. Facts, in short, are that the plaintiffs petitioners filed Title Suit No.839/78 in the Court of 2nd Court Munsif, Jessore for a declaration to the effect that the suit land where cattle Market sits once in a week is not a ......the learned Advocate for the petitioners. 12. In the result, the rule is discharged. However without any order as to costs. Ed. This Case is also Reported in: 3 BLD (HCD) (1983) 284. ......the learned Advocate for the petitioners. 12. In the result, the rule is discharged. However without any order as to costs. Ed. This Case is also Reported in: 3 BLD (HCD) (1983) 284. ..Category: Civil Law, Property Law | Date: 6 Feb, 1983 | Hits: 7
Khitindra Chandra Bhattacharya and another Vs. Jalada Devi, 1983, 12 CLC (AD)
....udge, Mymensingh. In such back ground the contention was that the heirs of Digindra could not be substituted. The learned Judges of the High Court Division in F.A. No. 101 of 1976 rejected the prayer for substitution. 6. Leave was granted to consider whether the courts below were justifi......ict Judge, Mymensingh in Probate Suit No.5 of 1976. 2. Facts are as follows: Late Digindra Chandra Bhattacharya, the predecessor of the appellants instituted a suit being Probate Suit No.5 of 1974 for grant of Probate in respect of the last will dated 30-12-62 executed by Kitish Chandra Bhattacha......urt Division is set aside and the heirs of Digindra be substituted in the probate proceeding. There will be no order as to costs. Ed. This Case is also Reported in: 35 DLR (AD) (1983) 102. ......urt Division is set aside and the heirs of Digindra be substituted in the probate proceeding. There will be no order as to costs. Ed. This Case is also Reported in: 35 DLR (AD) (1983) 102. ..Category: Property Law | Date: 16 Jan, 1983 | Hits: 103
Abdus Salam Master and another Vs. The State, 1982, 11 CLC (HCD)
....ay order is vacated. 15. Mr. Sircar prays that the accused petitioners may continue on the same bail till the disposal of the case. Mr. Akbar Ali, the learned Advocate for the State, opposes the prayer. Since the petitioners were dischanged once on the same cause of action and since the petitio...... The Rule is discharged. Second Prosecution Based On a Fresh Complaint- As the earlier petition of complaint did not disclose whether the petitioners were the principal offenders, henceforth having been discharged formerly on the same cause of action, the accuseds will still continue ...... in any manner. Let the lower Court's records be sent back immediately. Ed. This Case is also Reported in: 3 BLD (HCD) (1983) 267. ...... in any manner. Let the lower Court's records be sent back immediately. Ed. This Case is also Reported in: 3 BLD (HCD) (1983) 267. ..Category: Criminal Law, Procedural Law | Date: 28 Nov, 1982 | Hits: 1
Abdur Razzaque Vs. The State & another, 1982, 11 CLC (HCD)
.... rejected the application of the informant on the ground that it was not maintainable. The informant does not seem to have taken any step against the order of the Sessions Judge as well but a similar prayer was made on behalf of the prosecution before the Additional Sessions Judge when the case was .......247 of 1980 taking cognizance against the petitioner and issuing non-bailable warrant of arrest against him upon holding as follows:- "Since accused Abdur Razzak did not appear before this Court and no order has been passed regarding him and as he is allegedly the main culprit i......ond. Let the trial proceed against' the other accused. Let the record be sent down at once. Ed. This Case is also Reported in: 3 BLD (HCD) (1983) 70. ......ond. Let the trial proceed against' the other accused. Let the record be sent down at once. Ed. This Case is also Reported in: 3 BLD (HCD) (1983) 70. ..Category: Criminal Law | Date: 9 Nov, 1982 | Hits: 1
Nurul Islam Vs. The State, 1892, 11 CLC (HCD)
....etitioner Nazrul Islam by his order dated 31-7-76. 5. In the mean time the case of accused Ashit Baron Saha was put up for trail before the Sub-Divisional Magistrate, Madaripur and upon the prayer of the co-accused Ashit Baron Saha the Sub-Divisional Magistrate started de novo trial of the...... black market. There was neither any fresh complaint or FIR against the accused petitioner nor was there any fresh police enquiry report against him. The accused petitioner was also not being tried before a separate Tribunal altogether. He was being tried by the same Court. As such revival of procee......ivisional Magistrate, Madaripur continue in respect of the accused Ashit Aaron Saha and be disposed of expeditiously. Ed. This Case is also Reported in: 3 BLD (HCD) (1983) 33. ......ivisional Magistrate, Madaripur continue in respect of the accused Ashit Aaron Saha and be disposed of expeditiously. Ed. This Case is also Reported in: 3 BLD (HCD) (1983) 33. ..Category: Criminal Law, Procedural Law | Date: 15 Jul, 1982 | Hits: 1
Abdul Quddus & Another Vs. The State, 1982, 11 CLC (HCD)
.... to tell in the letter Ext. A/2 she has written that when her marriage was settled with Saiful she prayed to Almighty God all the time so that such marriage never takes place, that God heard her prayer and the marriage did not take place, that he (appellant Quddus) conveyed the marriage pr......Haque, Additional Sessions Judge, Rangpur in Sessions Trial Case No.411 of 1979 on 16-1-81 under section 376 of the Penal Code and each of them has been sentenced to suffer rigorous imprisonment for five years. They have also been convicted under section 366 of the Penal Code but no separate se......accused appellants under section 366 of the Penal Code is also upheld. Let the lower Court records be sent down. Ed. This Case is also Reported in: 3 BLD (HCD) (1983) 18. ......accused appellants under section 366 of the Penal Code is also upheld. Let the lower Court records be sent down. Ed. This Case is also Reported in: 3 BLD (HCD) (1983) 18. ..Category: Criminal Law, Evidence Law | Date: 6 May, 1982 | Hits: 1
Narendralal Chowdhury & others Vs. Bimal Kanti Chowdhury & others, 1982, 11 CLC (HCD)
....d 19 is directed against the judgment and decree of the leaned Subordinate Judge in a suit for recovery of khas possession upon declaration that the suit properties were trust properties along with a prayer for accounting. 2. The plaintiff filed the suit as a pauper with leave of the Court unde......of 1966. Judgment Ranadhir Sen J. — This appeal at the instance of defendants 16, 18 and 19 is directed against the judgment and decree of the leaned Subordinate Judge in a suit for recovery of khas possession upon declaration that the suit properties were trust properties alon...... regard to the facts and circumstances of the case we direct the parties to bear their own costs of this appeal. Ed. This Case is also Reported in: 3 BLD (HCD) (1983) 40. ...... regard to the facts and circumstances of the case we direct the parties to bear their own costs of this appeal. Ed. This Case is also Reported in: 3 BLD (HCD) (1983) 40. ..Category: Civil Law, Property Law | Date: 4 May, 1982 | Hits: 1
Md. Reazul Karim Vs. Mst. Shirin Begum, 1982, 11 CLC (HCD)
....umber of the kabala sought to be preempted being subsequent was 24656, Accordingly he claimed rateable preemption under section 96(4) of the State Acquisition and Tenancy Act by making such prayer in the written objection within two months of knowledge of the preemption case as no notice o......by the petitioner who was O.P. No. 1 in a preemption case to revise the concurrent judgments and other passed by the original and the appellate Court below refusing the present petitioner's claim for rateable preemption under section 96(4) of the State Acquisition and Tenancy Act. ......adjudication in the light of the observation made above. Ed. This Case is also Reported in: 36 DLR (1984) (HCD) 250 ......adjudication in the light of the observation made above. Ed. This Case is also Reported in: 36 DLR (1984) (HCD) 250 ..Category: Property Law, Tenancy Law | Date: 7 Mar, 1982 | Hits: 2
Bashir Ahmed Vs. Abdul Shaheed, 1982, 11 CLC (HCD)
....t, the application for appointment of Receiver, the order-sheet and other relevant papers. He submits that no notice was served upon the defendant appellant, who did not get opportunity to oppose the prayer for appointment of receiver and as such the appointment of Receiver, without notice to the de......hest remedies allowable under the Civil Procedure Code and Court has to discharge this exceedingly delicate and responsible duty with utmost caution. Though service of notice on the other side before appointing a Receiver is not a legal requirement it would be expedient to issue such notice on ......e sent down at once for expeditious disposal of the suit. Md. Altaf Hossain Khan J.— I agree. Ed. This Case is also Reported in: 34 DLR (HCD) (1982) 154 ......e sent down at once for expeditious disposal of the suit. Md. Altaf Hossain Khan J.— I agree. Ed. This Case is also Reported in: 34 DLR (HCD) (1982) 154 ..Category: Civil Law, Procedural Law | Date: 17 Feb, 1982 | Hits: 1
Surendra Mohan Shaha Vs. Government of Bangla¬desh and others, 1982, 11 CLC (HCD)
....o. 1 was present in the court premises even at 4 P.M. when a bail petition along with certified copy of the Rule and stay order passed by this Court, was moved but respondent No. 1 did not accept the prayer for bail and passed no order on the bail petition. In the affidavit-in-reply on behalf o......g out of Writ petition No. 916 of 1978. Judgment Chowdhury AT.M. Masud J.— This Rule was issued calling upon the Respondents to show cause as to why they should not be committed for contempt of court. 2. It has been stated by the petitioner that under the direction of resp......sit the find to the Registrar of this court within 10 days from date. Md. Altaf Hossain J. — I agree. This Case is also Reported in: 34 DLR (HCD) (1982)110 ......sit the find to the Registrar of this court within 10 days from date. Md. Altaf Hossain J. — I agree. This Case is also Reported in: 34 DLR (HCD) (1982)110 ..Category: Contempt of Court Law | Date: 5 Feb, 1982 | Hits: 3
Ragib Ali Vs. Bangladesh and ors, 1982, 11 CLC (HCD)
....petitioner prayed for an ad-interim mandatory injunction directing the respondents to restore vacant possession of the premises forthwith, we, however, did not think it proper to grant the ad-interim prayer for mandatory injunction but directed the respondents to stop repair of the premises forthwit...... Constitution of Bangladesh (1972), Art. 31 As a citizen of the country the petitioner was entitled to due protection of law. When he could legitimately expect due protection from the Government for maintaining his rightful possession, he was instead illegally dispossessed by the Government off......e with costs to be paid as directed above. AT.M. Afzal J.—I agree. Ed. This Case is also Reported in: 34 DLR (HCD) (1982) 185. ......e with costs to be paid as directed above. AT.M. Afzal J.—I agree. Ed. This Case is also Reported in: 34 DLR (HCD) (1982) 185. ..Category: Administrative Law | Date: 26 Jan, 1982 | Hits: 1
Neerala Tea Estate & another Vs. Bangladesh Tea Board & ors, 1982, 11 CLC (HCD)
....ce of preliminary lease deed dated August 23, 1968 should be acknowledged and adjusted as payments made by it under the lease deed to be executed. 31. We cannot, however, entertain the prayer of Mr. Chowdhury to declare that the Government are liable to pay for all the lose and damage......d a few words of my own. 2. We have felt obliged to take notice of certain facts that came to light in course of hearing of this matter and also from the government file that was produced before us by the learned Assistant Attorney General. 3. The petitioners in the Rule has alth......the case, we direct that the contesting respondent No.2 do pay cost to the petitioners which we assess at Tk. 2000/00. Ed. This Case is also Reported in: 3 BLD (HCD) (1983) 7. ......the case, we direct that the contesting respondent No.2 do pay cost to the petitioners which we assess at Tk. 2000/00. Ed. This Case is also Reported in: 3 BLD (HCD) (1983) 7. ..Category: Constitutional Law, Property Law | Date: 13 Jan, 1982 | Hits: 2
Neerala Tea Estate Ltd. And Another Vs. Bangladesh Tea Board and Others, 1982, 11 CLC (HCD)
.... in pursuance of preliminary lease deed dated August 23, 1968 should be acknowledged and adjusted as payment made by it under the lease deed to be executed. 27. We cannot, however, entertain the prayer of Mr. Chowdhury to declare that the Government are liable to pay for all the loss and damage......e to add a few words of my own. We have felt obliged to take notice of aerie in facts that came to light in course of hearing of this matter and also from the Government file that was produced before us by the learned Assistant Attorney General. 2. The petitioner in the Rule have although ......nces of the ease, we direct that the contesting respondent No. 2 do pay colt to the petitioners which we assess at Tk. 2000/00. Ed. This Case is also Reported in: 34 DLR (HCD) (1982) 161. ......nces of the ease, we direct that the contesting respondent No. 2 do pay colt to the petitioners which we assess at Tk. 2000/00. Ed. This Case is also Reported in: 34 DLR (HCD) (1982) 161. ..Category: Property Law | Date: 13 Jan, 1982 | Hits: 2
Zainal Abedin & Another Vs. Government of Bangladesh & Others, 1981, 10 CLC (HCD)
....bsp;of the Constitution of Bangladesh, for granting antedated seniority to respondent No. 4 over the petitioners. This consequently caused the filing of an application by the petitioners to amend the prayer in the writ petition challenging the constitutional validity of the Government Servants (Seni......of a memorandum No. ED/SP-11(M)-9/78-47(500) dated 18th March, 1978 issued by the Secretary Establishment Division of the Cabinet Secretariat of the Government of Bangladesh providing a comprehensive formula for grating benefits to the employees who participated in the war of liberation; the aforesa...... transmitted to the appellate Division of this Court alongwith the certificate for leave to appeal. Ed. This Case is also Reported in: 34 DLR (HCD) (1982) 77, 1 BLD (HCD) (1981) 493 ...... transmitted to the appellate Division of this Court alongwith the certificate for leave to appeal. Ed. This Case is also Reported in: 34 DLR (HCD) (1982) 77, 1 BLD (HCD) (1981) 493 ..Category: Administrative Law | Date: 14 Dec, 1981 | Hits: 1
Shahidur Rahman Molla & others Vs. Abdul Halim Molla & others, 1981, 10 CLC (HCD)
....evidence on the point whether the petitioner was entitled to preempt the land under section 90 of the Act. This order of remand for taking evidence was made on, the basis, it appears to us, on a prayer for remand by the pre-emptor stating that he would adduce evidence to support his case t...... Aminul Hoque— For Opposite Party. Civil Revision No. 54 of 1978. Judgment Sultan Hossain Khan J. — This Rule has been referred to this Bench by the learned Chief Justice for a decision since contrary views with regard to the question whether an application for pre-empti......for preemption are affirmed. In the facts and circumstances of the case there will be no order as to costs. Ed. This Case is also Reported in: 3 BLD (HCD) (1983) 89. ......for preemption are affirmed. In the facts and circumstances of the case there will be no order as to costs. Ed. This Case is also Reported in: 3 BLD (HCD) (1983) 89. ..Category: Civil Law, Property Law | Date: 10 Dec, 1981 | Hits: 1
Shahidur Rahman Molla & other Vs. Abdul Halim Molla & others, 1981, 10 CLC (HCD)
....ing evidence on the point whether the petitioner was entitled to preempt the land under section 90 of the Act. This order of remand for taking evidence was made on the basis, it appears to us, on a prayer for remand by the pre-emptor stating that he would adduce evidence to support his case that......asirul Hoque, Md. Aminul Hoque - For the Opposite Party. Civil Revision No.54 of 1978. Judgment Sultan Hossain Khan J.- This rule has been referred to this Bench by the learned Chief Justice for a decision since contrary views with regard to the question whether an application for pre-e......ion are affirmed. In the facts and circumstances of the case there will be no order as to costs. Abdul Wadud Chowdhury J.- I agree. Ed. This Case is also Reported in:35 DLR (HCD) (1983) 79. ......ion are affirmed. In the facts and circumstances of the case there will be no order as to costs. Abdul Wadud Chowdhury J.- I agree. Ed. This Case is also Reported in:35 DLR (HCD) (1983) 79. ..Category: Property Law | Date: 10 Dec, 1981 | Hits: 19
Aftabuddin Miah Vs. Kudrat Ali Miah & ors, 1981, 10 CLC (HCD)
....endant Nos.5 to 8, as his heirs. The plaintiff Aftabuddin Mia after the death of his father, offered consideration to the defendants, the original transferee of the said land on many occasions with a prayer for reconveyance of the suit land at agreed upon but was refused. Lastly in the month of Agra......que Chowdhury J. — This appeal at the instance of the Plaintiff is against the decision of the learned Subordinate Judge reversing those of the learned Munsif, 3rd Court, Dacca passed in a suit for reconveyance of land in suit. 2. The plaintiff's case in short is that the land id suit...... the facts and circumstances of the case there shall be no order as to costs. Ed. This Case is also Reported in: 34 DLR (HCD) (1982) 51 ...... the facts and circumstances of the case there shall be no order as to costs. Ed. This Case is also Reported in: 34 DLR (HCD) (1982) 51 ..Category: Property Law | Date: 7 Dec, 1981 | Hits: 2
Kazi Habibul Awal Vs. Bangladesh Bar Council, 1981, 10 CLC (HCD)
.... the question of enrolment of the LL.M. Degree holders of the Dacca University was under active consideration of the Bar Council. The petitioner has referred in his petition to similar prayers being made earlier by others and alleged that the Bar Council has never paid any serious tho......Rahman Chowdhury J. — While concurring with the order passed by my learned brother I propose to add a few words of my own. In course of hearing of this petition several points have come up for consideration of the Court and in course of our perusal of the Bar Council Order (here......sons referred to hereinbefore, accede to his prayer. Accordingly, the Rule is discharged without any order as to costs. Ed. This Case is also Reported in: 3 BLD (HCD) (1983) 58. ......sons referred to hereinbefore, accede to his prayer. Accordingly, the Rule is discharged without any order as to costs. Ed. This Case is also Reported in: 3 BLD (HCD) (1983) 58. ..Category: Administrative Law | Date: 17 Nov, 1981 | Hits: 1
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