Search Options
Judgment Advanced Search
Displaying 601-620 of 4866 results.
.... Debendra Nath Basak and
unless this could be proved by the defendants, The plaintiff’s case that the
C.S. and S.A. recorded tenants do not reside in the country and accordingly the
property was rightly declared as enemy and then vested property stated proved.
The trial court further found tha......tle Suit No.66 of 1991 in the Court of the Subordinate Judge,
Additional Court, Dhaka impleading the opposite party No.1 as defendant No.1
and other opposite parties as other defendants praying for declaration that the
judgment and decree dated 5.6.1980 passed in Title suit No.346 of 1977 by ...... both the
aforesaid rules. Both the rules are therefore discharged without any order as
to costs.
Send down the L.C.R.
Ed.
This Case is also Reported in: 26 BLD (HCD)
(2007) 75.
...... No.12 the decree obtained in Title Suit No.346 of
1877 was a fraudulent decree and this defendant was not impleaded in the said
suit and accordingly prayed for dismissal of the suit.
5. The trial court framed necessary issues
and on consideration of the evidence on record came to the fi..
Category: Property Law | Date: 23 Feb, 2005 | Hits: 5
....nd such order cannot be passed in an application under section 233 of the said Act. The learned Counsel submits that the aforesaid directive of the High Court Division is violative of the fundamental rights of respondent-petitioners Nos. 2 and 3 as the said Article prohibits any compulsory sale or p......irecting the appellant Nos. 2 and 3 to purchase the share of the respondent No. 1 within 3 months from the date of assessment of the value of the shares of the appellant No. 1 company.
2. The aforesaid Matter No. 94 of 2000 arose out of an application filed by the respondent No. 1 under secti......of the Companies Act, 1994, seeking, amongst others, appointment of auditors to audit the accounts of the company, since its inception, directions upon the appellant Nos. 2 and 3 for conducting the affairs of the company without discrimination and also, in accordance with the Articles of Association...... and we find no cogent reason to interfere with the same.
Accordingly, the appeal is dismissed.
No order as to costs.
Ed.
This Case is also Reported in: V ADC (2008) 271.
..
Category: Company Law | Date: 22 Feb, 2005 | Hits: 364
Siraj Miah Vs. Mohammad Miah and others, 2005, CLC (HCD)
....on determination of title, stating, inter alia, that the defendant No.1 sold out 60 decimals of land to him on 25‑12‑1972 under a registered suf kabala in which the plaintiff had enjoyment of his right, title and interest. The defendant No.3 gave him possession in Plot No.1701 for 50 decimals an...... and proper. 2. Facts leading to the issuance of this Rule, in short, are that the plaintiff-petitioner instituted the Title Suit No.91 of 1977 in the Court of the Munsif 2nd Court, Feni praying for partition of his share upon determination of title, stating, inter alia, that the defendant No.1......t No.91 of 1977 renumbered as Title Suit No.52 of 1986 is hereby upheld. Send down the Lower Courts records at once. Ed. This Case is also Reported in: 57 DLR (2005) 356. ...... Miah instituted a suit in the year 1975 for Specific Performance of Contract. The defendant had no saleable interest in the suit land after the sale agreement with Mohammad Miah. 4. The learned trial Court was pleased to frame the following issues: (i) Whether the suit was maintainable in..Category: Property Law | Date: 7 Feb, 2005 | Hits: 2
Mustaque Hossain (Md). Vs. Md. Shajahan Miah and another, 2005, 34 CLC (AD)
....enant non-ejectable? The widespread and longstanding practice of voluntary payment of salami in the commercial world did not make the tenant a non-ejectable one and no interest other than tenancy right recognised by law could be created on payment of salami so as to prevent the tenant not liable......nant a non-ejectable one and no interest other than tenancy right recognised by law could be created on payment of salami so as to prevent the tenant not liable to be ejected on specific legal ground for the purpose………………….(14) Case referred to: Munshi Amiruddin Ahmed vs. Begum...... attributed for acceptance of the salami to render the tenant non‑ejectable in accordance with law. The petitions are dismissed. Ed. This Case is also Reported in: 26 BLD (AD) 2006, 105. ......ard to the petitioner purchase of the possession of the premises on payment of salami and continuing with his tenancy right independently and the ex parte decree against him has been set aside by the trial Court and the same has been reversed by the High Court Division and the same being a case of r..Category: Tenancy Law | Date: 1 Feb, 2005 | Hits: 120
SMAH Ltd SMAH Ltd Vs. Government of Bangladesh and others, 2005, 34 CLC (HCD)
.... the respondent Nos.1‑8 from petitioner's land should not be directed to have been issued and made without lawful authority, and as unconstitutional and violative of the petitioners fundamental rights guaranteed by Articles 27, 31, 40 and 42 of the Constitution and why the respondents, should ......ted by the Secretary, Ministry of LA & LR and others Vs. Commercial Trust of Bangladesh Ltd. and others, 1994 BLD (AD) 72=46 DLR (AD) 83; Brahmanbaria Pourashava Vs. Secretary, Ministry of Land Reforms, Government of Bangladesh and others, 51 DLR (AD) 84. Lawyers Involved: TH Khan with......time of issuance of this Rule is hereby recalled and vacated. Ed. This Case is also Reported in: 57 DLR (2005) 267. ......angladesh, a Rule Nisi was issued calling Upon the respondents to show cause as to why (i) letter of allotment dated 19‑7-1993 issued by respondent No.2 allotting petitioners land by number as industrial plot No.30 appertaining to CS Plot No.177 of Begunbari Mouza, Tejgaon, Dhaka (ii) the Lease De..Category: Property Law | Date: 16 Jan, 2005 | Hits: 7
Monohar Joarder and others Vs. State, 2005, 34 CLC (HCD)
....rmant Asmat Ali attempted to resist those cattles from entering into the sugarcane field in order to save the standing crop which infuriated the accused Monohar Joarder who dealt a fala blow upon the right thigh of the victim Asmat Ali causing a serious bleeding injury and the accused Abdul Joarder ......ed Additional Sessions Judge, 1st Court, Kushtia in Sessions Case No.72 of 1990 convicting them under sections 302/149 of the Penal Code and sentencing them thereunder to suffer rigorous imprisonment for life and to pay a fine of Taka 10,000 each, in default, to suffer rigorous imprisonment for a fu......LC record be sent down to the learned Additional Sessions Judge, 1st Court, Kushtia immediately for information and necessary action. Ed. This Case is also Reported in: 57 DLR (2005) 494. ......charge‑sheet against all first information report named accused‑persons under sections 148/149/447/448/323/324/326/380/302 of the Penal Code. 6. Ultimately, the accused‑persons were put on trial in the Court of the learned Additional Sessions Judge, 1st Court, Kushtia to answer a charge u..Category: Criminal Law | Date: 15 Jan, 2005 | Hits: 3
Habibullah (Md) Vs. Sher Ali Khan and others, 2005, 34 CLC (AD)
....the discussions made herein above we find merit in the appeal. Accordingly, the appeal is allowed. There is no order as to costs. Ed. This Case is also Reported in: 57 DLR (AD) (2005) 55. ...... the judgment and decree dated November 27, 1985 of the 2nd Court of Munsif (now Assistant Judge), Dhaka passed in Title Suit No. 356 of 1985 dismissing the same. The suit was filed seeking decree for permanent injunction. 2. Plaintiffs filed the suit stating, inter alia, that CS recorded ten......the discussions made herein above we find merit in the appeal. Accordingly, the appeal is allowed. There is no order as to costs. Ed. This Case is also Reported in: 57 DLR (AD) (2005) 55. ......plot Nos.533 and 535 is 3.13 acres and out of that the plaintiffs are claiming 33 decimals and the defendant is also claiming the land of the same very CS plot corresponding to SA plots. 5. The trial Court dismissed the suit on the finding that the plaintiffs and the defendant are co sharers ..Category: Civil Law | Date: 15 Jan, 2005 | Hits: 177
Arshed Ali Sikder (Md.) Vs. Gouranga Chandra Shil and others, 2005, 34 CLC (HCD)
....ch as per section 95(A) of the State Acquisition and Tenancy Act made the transfer of land of the plaintiff to defendant Nos.1 and 2 nothing but a complete usufructuary mortgage which created a legal right automatically in favour of the plaintiff to get back his land after 3 years and so the claim o......re mere defects or irregularities in the procedure and not an illegality when section 99 of the Code of Civil Procedure aims to prevent such procedural technicalities. Non compliance of the procedure for marking the exhibits and to prepare the exhibits list does not destroy the validity of the Court...... stands vacated. Send down the lower Court's record and a copy of the judgment and order to the Court concerned. Ed. This Case is also Reported in: 57 DLR (2005) 635. ......iff and the plaintiff earlier filed an application for redemption where defendant No.1 appeared and challenged the agreements to be forged and the plaintiff did not proceed with the same. 4. The trial Court dismissed the suit and being aggrieved thereby the Title Appeal No.30 of 1985 was filed ..Category: Property Law | Date: 10 Jan, 2005 | Hits: 2
Afzal Molla (Md.) Vs. Government of Bangladesh & others, 2005, 34 CLC (HCD)
....e and the same is liable to be discharged. In the result the Rule is discharged without any order as to costs. Ed. This Case is also Reported in: 57 DLR (HCD) (2005) 586. ......ion Act. 2. The petitioner in his application has stated, short, inter alia, that he as plaintiff filed Title Suit No.10 of 1993 in the Court of learned Senior Assistant Judge, Sadar, and Khulna for declaration that he is the permanent licensee of the suit land and for permanent injunction with......e and the same is liable to be discharged. In the result the Rule is discharged without any order as to costs. Ed. This Case is also Reported in: 57 DLR (HCD) (2005) 586. ......ssistant Judge, Sadar, and Khulna for declaration that he is the permanent licensee of the suit land and for permanent injunction with a prayer for mandatory injunction. The suit was dismissed by the trial Court by its judgment and decree dated 23‑9‑1998 which was affirmed by the appellate Court..Category: Limitation Law | Date: 10 Jan, 2005 | Hits: 6
Abdur Rahman Sikder (Md.) Vs. Nur Mohammad Khan and others, 2005, 34 CLC (HCD)
....d dispute was pending in appeal the order of the Magistrate was malafide and it amounts to abuse of the process of the Court and, as such, the learned Sessions Judge has decided the legal question in right direction which does not call for interference. 6. In view of the aforesaid submissions o......levant facts are that, the present petitioners as first party filed a petition on 30‑12004 under section 145 of the Code of Criminal Procedure against the opposite parties Nos. 1, 2 and 4‑33 for drawing up a proceeding in respect of the disputed land measuring of 13.72 acres and to restrain......pplication for vacating the stay order is disposed of. Transmit a copy of the judgment and order to the Court below immediately. Ed. This Case is also Reported in: 57 DLR (2005) 239. ......ed both the parties from entering in the case land which includes the decretal land of the other side. The learned Advocate for the petitioner has strenuously argued that since the decree of the trial Court was stayed by the appellate Court, the appeal, being a continuation of the original suit..Category: Criminal Law | Date: 10 Jan, 2005 | Hits: 4
Badar Biswas & others Vs. State, 2005, 34 CLC (HCD)
....imited order of stay for 3 (three) months granted at the time of issuance of the Rule stood vacated for the lapse of time Ed. This Case is also Reported in: 57 DLR (2005) 770. ......d Ali and others, 1996 BLD 418 = 49 DLR 589. Lawyers involved: Habibul Islam Bhuiyan- For the Petitioners. Md. Shamsul Huda with Md. Kazi Bazlur Rashid and Md. Rezaul Karim- For the Informant-Opposite Party. Sheikh Rezaul Karim, Assistant Attorney-General- For the State. Cr......imited order of stay for 3 (three) months granted at the time of issuance of the Rule stood vacated for the lapse of time Ed. This Case is also Reported in: 57 DLR (2005) 770. ......der sections 302/120(খ)/34 of the Penal Code against all the FIR named accused persons including the petitioners. The charge-sheet being accepted the case was sent to the Sessions Judge, Narail for trial. But no trial could be held in view of a reference made by the Sessions Judge, Narail to the H..Category: Criminal Law | Date: 9 Jan, 2005 | Hits: 37
Lal Miah (Hajee) Vs. Nurul Amin and others, 2005, 34 CLC (AD)
....1 on receiving earnest money out of the total consideration money, that defendant No. 2 purchased the land in suit from the defendant No. 1 for valuable consideration money and thereby has acquired right, title and interest in the land so purchased, that plaintiffs failed to prove their case.&nb......7 (I of 1877), Section 27 In view of the provisions of section 27 as the defendant no. 2 had acquired title to the property regarding which defendant no. 1 earlier entered into an agreement for sale with the plaintiffs and as the defendant no. 2 failed to establish that he purchased the p......est money of Taka 15,000 paid to the defendant No. 1. The other part of the ordering portion of the judgment of the High Court Division is maintained. There is no order as to cost. Ed. ......en statement of defendant No. 1 and taking further plea that he was a bonafide purchaser for value without notice of the agreement for sale in respect of the disputed property. 5. The trial Court dismissed the suit on the finding that from the consideration of the evidence on record..Category: Procedural Law | Date: 5 Jan, 2005 | Hits: 147
Nasim (Md.) and another Vs. State, 2005, 34 CLC (HCD)
.... from 21‑8‑1982 and the sections which are made part of law now, are in aid of accused to challenge the proceeding. Unless these provisions, which are now in CrPC be exhausted, the accused has no right to invoke section 561A of the Code. The laws are not brown papers to be avoided. It is made fo...... Rule of Criminal Miscellaneous Case No.8505 of 2002 at the instance of AHS Rahman and Rule of Criminal Miscellaneous Case No.8506 of 2002 at the instance of Md. Nasim having arisen from same first information report, charge-sheet and of Special Case No.73 of 2002 involving same facts, are taken up ......et, even on its face value, does not constitute the offence punishable under the sections mentioned in the charge-sheet. He further submits, petitioner ASH Rahman, was not in any way connected with affairs of the Ministry and gave his opinion as consultant, which was evaluated by several committees ......oner AHS Rahman whatever he did was as a consultant and merely gave opinion which had no binding effect and it could have been refused or it may be accepted and in either case, he cannot be placed on trial as his such acts is neither falls within the ambit of section 418 of the Penal Code or section..Category: Criminal Law | Date: 4 Jan, 2005 | Hits: 1
Jaher Ali (Md.) and others Vs. Md. Ziarat Hossain, 2005, 34 CLC (HCD)
....o dismissed. The order of stay granted earlier by this Court is hereby vacated. Send down the lower Court records at once. Ed. This Case is also Reported in: 57 DLR (HCD) (2005) 315. ......he Rule is made absolute. Possession must be proved over the suit land Plaintiff could not prove his possession over the suit land and was dispossessed by the defendants from the suit land forcibly. In the absence of any clear evidence as to the possession of the plaintiff prior to dispos......o dismissed. The order of stay granted earlier by this Court is hereby vacated. Send down the lower Court records at once. Ed. This Case is also Reported in: 57 DLR (HCD) (2005) 315. ......dispossessed by the defendants from the suit land forcibly. In the absence of any clear evidence as to the possession of the plaintiff prior to dispossession by the defendants from the suit land, the trial Court, decreeing the suit, committed a serious error of law resulting in an error in the decis..Category: Property Law | Date: 4 Jan, 2005 | Hits: 3
Mahadeb Chandra Mondal and other Vs. Dulal Chandra Mondal and other, 2005, 34 CLC (AD)
....nt contending, inter alia, that the plaintiffs have no cause of action to file the present suit; the suit is barred by limitation; that the defendant No.l has been residing in India since 1971; the right of repurchase of the plaintiffs through Ekrarnama is extinguished after expiry of the period......tion 95 and 95A President’s Order No. 88 of 1972 was promulgated long after the transaction was completed and the period of seven years as per the terms of the alleged Ekrarnama for reconveyance was over prior to such promulgation, the petitioner is not entitled to get back th......ld that: "The High Court Division although was not correct in making some findings as noticed above but the decision given by it ultimately following 32 DLR case was correct. TH Khan has been fair enough to concede that if the transaction is construed to be a mortgage for 4 years only and n......ction in question which had been past and closed before the promulgation of President's Order No.88 of 1972 and, as such, the impugned judgment and order is liable to be set aside and that of the trial Court restored." 6. Mr. Abul Kalam Mainuddin, the learned Advocate appe..Category: Property Law | Date: 4 Jan, 2005 | Hits: 137
Altaf Hossain Golondas Vs. Bangladesh and others, 2004, 33 DLR (HCD)
....by whomsoever held, whether judicial or administrative, the principles of natural justice have to be observed if the proceedings might result in consequences affecting the person or property or other right of the parties concerned. This Rule applies even though there may be no positive words in the ......titioner Vs. Bangladesh and others..................................Respondent Judgment December 14, 2004. Result: The Rule is made absolute. Though it is necessary for the security of the public peace to cancel the licences of the petitioner, the petitioner was no...... the licence renewed within the calendar year or stipulated time the licence will be cancelled……..(8 & 9) Cases Referred to- Sk Ali Ahmed Vs. Secretary, Ministry of Home Affairs and others, 40 DLR (AD) 170; AIR 1956 Calcutta 96; AIR 1954 Rajasthan 264; University of Dhaka......Ja) and 21 of the Arms Act in Gafargaon PS Case No.13(7)04 dated 204‑04 and the said case has been transferred to the Special Tribunal being Special Tribunal Case No.69 of 2004 which is pending for trial. The police also submitted charge-sheet in Tejgaon PS Case No.61 dated 21‑7‑04 under secti..Category: Arms Law | Date: 14 Dec, 2004 | Hits: 9
Biseruddin Sarder (Md) and others Vs. Md. Tofazzal Hossain Biswas and others, 2005, 34 CLC (AD)
....e view that the High Court Division acted illegally in interfering with the findings and decision of the Court of appeal. The appeal is, therefore, allowed without any order as to costs. Ed. ......rest devolved upon his, son and daughters and the interest of Hossain Sarder devolved upon his three sons and three daughters. The plaintiffs have possessed the suit land as heirs of recorded tenants for over 12 years adversely against the defendants and against all others claiming title and possess......e view that the High Court Division acted illegally in interfering with the findings and decision of the Court of appeal. The appeal is, therefore, allowed without any order as to costs. Ed. ...... Tayebuddin on 5th Ashar 1344 BS and since then Tayebuddin Biswas was possessing the suit land for over 12 years. 4. Both parties adduced evidence both oral and documentary before the trial Court and on consideration of the materials on record the trial Court dismissed the suit. On a..Category: Property Law | Date: 13 Dec, 2004 | Hits: 21
Fokrul Alam Chowdhury Vs. State & another, 2004, 33 CLC (HCD)
....er, initiation of a criminal case for the same acts amounts to double jeopardy and, as such, the present proceeding is illegal. The learned Advocate also submits that loan extended by the petitioner, rightly or wrongly, may be recovered from the concerned loanees and the Bank authority already insti......sult: The Rule is discharged. Both civil and criminal cases can run together On the question of civil liability in the transaction, money suit filed against the accused petitioner was for realisation of money and not for offence and both civil and criminal cases can run together, and...... connection with the Rule stands vacated. Send a copy of the judgment to the Senior Special Judge, Cox's Bazar, immediately. Ed. This Case is also Reported in: 57 DLR (2005) 727. ......ch, his act does not come under any criminal offence. That he did not dishonestly misappropriate any amount of money of the Bank. Next, he submits that the petitioner was not a public servant to face trial in the Special Court but the learned Special Judge had illegally taken cognisance in the case ..Category: Banking Law, Criminal Law | Date: 12 Dec, 2004 | Hits: 1
Most. Shilu Begum Vs. Md. Roshan Akter Rahman, 2004, 33 CLC (HCD)
.... a Lawyer and by filing power and petition took time for filing written statements on 18-4-95 but subsequently did not file any written statement and also took no steps and thus the original suit was rightly decreed ex parte on 6-10-94 and it was within her knowledge. The contesting opposite party N......by the learned Subordinate Judge, First Court, Gaibandha, in Misc. Case No.15 of 1995 rejecting the petitioner's case under Order 9, Rule 13 of the Code of Civil Procedure. 2. The facts involved for disposal of the rule are as follows: The predecessor of the opposite party Nos. 1 to 11 lat......are of the petitioner which she is entitled to get according to municipal law. Lower Court's record be sent down at once. Ed. This Case is also Reported in: 13 MLR (HCD) (2008) 48. ......ce of her brother and thus the miscellaneous case for setting aside the decree was liable to be dismissed with cost. 4. Upon such pleadings of the parties the miscellaneous case was taken up for trial by the learned Subordinate Judge, First Court, Gaibandha in which both the parties adduced evi..Category: Property Law | Date: 7 Dec, 2004 | Hits: 88
Atiquzzaman Khan (Md) Vs. State, 2005, 34 CLC (AD)
....ty thousand) is reduced to Taka 5,000 (five thousand) since the appellant has already deposited Taka 13,866 on 28‑2‑1983 out of misappropriated amount of Taka 18,812.90. Ed. ......lip;……Respondent Judgment December 4, 2004 The Criminal Amendment Act, 1958(XV of 1958), Section 4 Application for according sanction to prosecute the applicant admitted to have been sent in proper channel but......ty thousand) is reduced to Taka 5,000 (five thousand) since the appellant has already deposited Taka 13,866 on 28‑2‑1983 out of misappropriated amount of Taka 18,812.90. Ed. ......received nor refused within sixty days. It has been held that sanction deemed to have been accorded. ‘High Court Division unfortunately took a wrong view that holding of trial of a public servant without taking sanction is curable under section 537 of the Code of Crim..Category: Criminal Law | Date: 4 Dec, 2004 | Hits: 78
8685287891266888589136489998953887746216889328903878906729035831277