Search Options
Judgment Advanced Search
Displaying 6401-6420 of 6460 results.
Abul Hossain Mollah alias Abu Mollah Vs. State, 1997, 26 CLC (AD)
....rgone and remitting the sentence of fine. Let the appellant be set at liberty forthwith if not wanted in any other connection. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 96. ......e allegation, inter alia, that on 16 April, 1967 he had fabricated and forged a Kabala, being No. 1342 and got the same registered at the Sub-Registry Office at Mohammadpur in respect of 230 acres of land belonging to Rabindra Nath Roy and others and by using the said forged document he got his name......ppellant be set at liberty forthwith if not wanted in any other connection. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 96. ......rgone and remitting the sentence of fine. Let the appellant be set at liberty forthwith if not wanted in any other connection. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 96. ..Category: Anti-Corruption Laws | Date: | Hits: 71
Golam Moula and others Vs. Gourpada Das and others, 1997, 26 CLC (AD)
.... 2. The appeal arose out of a suit, Title Suit No. 689 of 1976, brought by the first respondent in the Third Court of Munsif, Jessore, for declaration of title to and confirmation of possession in certain land. The case of the plaintiff briefly, is that the land in suit belonged to......appeal arose out of a suit, Title Suit No. 689 of 1976, brought by the first respondent in the Third Court of Munsif, Jessore, for declaration of title to and confirmation of possession in certain land. The case of the plaintiff briefly, is that the land in suit belonged to one Pagal Rishi. Nima......hellip;……..Respondents Judgment January 19, 1997. The Code of Civil Procedure, 1908 (V of 1908), Section 100 (Repealed) In a second appeal findings of fact cannot be reversed unless those are vitiated by misreading of evidence or non-consi...... of the said land to defendant Nos. 2-3 who had since been in possession of the same and that defendant No. 1 had obtained an ex parte decree in Title Suit No. 59 of 1962 in respect of the land in question. 4. The trial Court on consideration of the facts and circumstances of the c..Category: Property Law | Date: | Hits: 49
Bangladesh Vs. Chairman, Court of Settlement and others, 1997, 26 CLC (AD)
.... holding No. Ka-341, Mohammadpur, Block-D, Dhaka originally belonged to Sk. Jagoo who gifted the property in favour of his wife Farida Begum by registered deed No. 680 dated 30-5-72 and put her in possession of the same. Farida Begum mutated her name in the office of the Housing and Settlement a...... already determined by a Court of law. We find no ground for interference. The petition is dismissed. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 93. ...... ATM Afzal CJ Mustafa Kamal J Md. Abdur Rouf J Bimalendu Bikash Roy Choudhury J People’s Republic of Bangladesh, represented by the Secretary, Ministry of Public Works………………….Petitioner ...... already determined by a Court of law. We find no ground for interference. The petition is dismissed. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 93. ..Category: Property Law | Date: | Hits: 58
Solaiman (Md) Vs. Sufia A. Alam being dead, her heirs Narjesa Rahamatullah & ors., 1995, 24 CLC (AD)
....was an attempt to settle the dispute amicably but that failed. Thereafter the plaintiff served a notice under section 106 of the Transfer of Property Act on 8-11-87 requesting the defendant to vacate possession by 30-11-87 but the defendant did not vacate the premises. Hence the suit. 3. Defenda......rjesa Rahamatullah and others...............Respondents Judgment November 16, 1995. The Transfer of Property Act, 1882 (IV of 1882), Section 106 The tenant defendant’s denial of the landlord plaintiff’s title without any valid reason may operate as forfeiture of tenancy and in su...... This Case is also Reported in: 50 DLR (AD) (1998) 90. ......ause of serving of one month’s notice to determine the tenancy but in the meanwhile by virtue of the oral gift the ownership of the suit shop has been transferred to the plaintiff and, as such, the question of giving one month notice as per the old lease agreement between the defendant and the ori..Category: Tenancy Law | Date: | Hits: 78
Shahajadpur Central Co-operative Bank Ltd. Vs. Majibur Rahman and others, 1997, 26 CLC (AD)
....roceedings may allow either party to alter or amend his pleadings as may be just and necessary for the purpose of determining the real question in controversy. The proposed amendments for recovery of possession in a suit for declaration of title will end all pending controversies between the parties......rayer for amendment of plaint and returning the plaint to the plaintiff. 2. The plaintiff instituted the suit for declaration of its title to and confirmation of possession in 0.44 acres of land on the northern side of the suit plot comprising an area of 0.82 acres. It was, inter alia, sta......…….Respondents Judgment November 17, 1997. Result: The appeal is allowed. The Code of Civil Procedure, 1908 (V of 1908), Order VI Rule 17 The Court at any stage of the proceedings may allow either party to alter or amend his pleadings as may be just and necessary for the pur......(V of 1908), Order VI Rule 17 The Court at any stage of the proceedings may allow either party to alter or amend his pleadings as may be just and necessary for the purpose of determining the real question in controversy. The proposed amendments for recovery of possession in a suit for declaratio..Category: Property Law | Date: | Hits: 83
Enjaheruddin Mia alias Md. Enjaheruddin Mia Vs. Mohammad Hossain and others, 1998, 27 CLC (AD)
....….Respondent Judgment July 31, 1997. Result: The petition is dismissed. The Specific Relief Act, 1877 (I of 1877), Section 42 The plaintiff not asking for further relief of joint possession or partition as co-sharer of the defendant (as claimed by the plaintiffs), the plaintiff ......bdur Rouf J.- The plaintiff- petitioner along with his brother respondent No. 15 Md. Tota Mia on 29-3-86 instituted Title Suit No. 65 of 1986 initially for declaration of their title to 5.58 acres of land, which was subsequently raised by way of amendment of the plaint to 9.41 acres by incorporating......ported in: 50 DLR (AD) (1998) 84. ...... The plaintiff not asking for further relief of joint possession or partition as co-sharer of the defendant (as claimed by the plaintiffs), the plaintiff not having exclusive possession and involves question of complicated title, without such relief, the suit cannot proceed. The lower appellate cou..Category: Property Law | Date: | Hits: 93
Moulvi Md Khurshid Alam Vs. Bangladesh, 1997, 26 CLC (AD)
....vernment’s powers under section 4 of the Act is concerned. This petition, thus, merits little consideration. It is dismissed. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 82. ......vernment’s powers under section 4 of the Act is concerned. This petition, thus, merits little consideration. It is dismissed. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 82. ......an J Md. Abdur Rouf J Bimalendu Bikash Roy Choudhury J Moulvi Md Khurshid Alam ………………………………………………………… Petitioner Vs. Bangladesh, Secretary, Ministry of Law, Justice and Parliamentary Affairs and others............................Respondents ......ailing, under section 4 of the Muslim Marriages and Divorces (Registration) Act, 1974, briefly “the Act the nikah registration area of the petitioner. In the Writ petition, the petitioner called in question the said order of the Government alleging, inter alia, that in 1991 he was appointed perman..Category: Employment/Service Law | Date: | Hits: 137
Advocate Md. Abdul Hamid Vs. Md. Fazlur Rahman, 1998, 27 CLC (AD)
....reason to differ from the said view. For all these reasons we find no substance in this petition which is accordingly dismissed. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 80. ......reason to differ from the said view. For all these reasons we find no substance in this petition which is accordingly dismissed. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 80. ......t. 50, 51(2) & 58 (a) Article 50 provides who are to be impleaded but does not prohibit any other person to be impleaded, considered necessary by the petitioner, for proper adjudication. So joining of Returning Officer and the Asst. Returning Officer in the election petition, though not cont......or dismissal of the election petition under article 58(a) of the Order. We thus find no substance in the contention of the learned Counsel for the petitioner on this point. 12. With regard to the question whether there has been any non-compliance with the provisions of article 51(2) of the Order..Category: Election Law | Date: | Hits: 168
Aung Shwe Prue Chowdhury Vs. Kyaw Sain Prue Chowdhury and others, 1997, 26 CLC (AD)
....gladesh Gazette on 21-11-96 is declared to have been made and issued without lawful authority and of no legal effect. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 73. ......gladesh Gazette on 21-11-96 is declared to have been made and issued without lawful authority and of no legal effect. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 73. ......bsp; Mustafa Kamal J Latifur Rahman J Md. Abdur Rouf J Bimalendu Bikash Roy Choudhury J Aung Shwe Prue Chowdhury....................Appellant Vs. Kyaw Sain Prue Chowdhury and others.................Respondents Judgment December 11, 1997. ......was also the main consideration which influenced the Governor in Council in approving the succession of the present Bohmong. His Excellency in Council considers that it should be followed in deciding questions relating to the succession which may arise in the future.” In the Upajatiya Gabeshan..Category: Civil Law | Date: | Hits: 203
Government of Bangladesh Vs. Paresh Chandra Gharami and others, 1998, 27 CLC (AD)
....resh Chandra Gharami and others……Plaintiff- respondents Judgment May 15, 1997. Result: The petition is dismissed. Vested Property The plaintiff having proved their title and possession in the property by producing valid documents of title and adducing evidence as to possess......ed 27-5-1993 passed by the learned Assistant Judge, Additional 2nd Court, Barisal dismissing on contest Title Suit No.82 of 1992 for declaration of the plaintiff-respondents’ title to 3.90 acres of land and for further declaration that the proceedings taken in the Vested Property (briefly VP) Case...... Latifur Rahman J Md. Abdur Rouf J Bimalendu Bikash Roy Choudhury J Government of Bangladesh………………..Defendant-Petitioner Vs. Paresh Chandra Gharami and others……Plaintiff- respondents Judgment May 15, 1997. Result: The petition is dismissed. Ves......the High Court Division. No point of law of public importance is involved in this case. The petition is, therefore, dismissed. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 70. ..Category: Property Law | Date: | Hits: 73
Golam Sarwar (Md) & others Vs. Md Liakat Ali and others, 1997, 26 CLC (AD)
....dkher Mahbubuddin Ahmed, learned Counsel appearing for the defendant petitioners submits that having regard to the case of the plaintiff as well as the defendants the important question is, who is in possession in the disputed land and that on consideration of the evidence on record the trial court ......sore dismissing Title Suit No. 69 of 1988. 2. The predecessor-in-interest of respondent Nos. 1-14 late Razab Ali Molla instituted the aforementioned suit for declaration of his title to the suit land. The case of the plaintiff, in brief, is that the suit land originally belonged to two brothers...... is dismissed. The Code of Civil Procedure, 1908 (V of 1908), Sections 115 If the High Court Division is satisfied that the lower appellate court has failed to consider any material evidence in reversing a finding of fact arrived at by the trial court, the proper course is to sent back the ......and order. 5. Khandkher Mahbubuddin Ahmed, learned Counsel appearing for the defendant petitioners submits that having regard to the case of the plaintiff as well as the defendants the important question is, who is in possession in the disputed land and that on consideration of the evidence on ..Category: Property Law | Date: | Hits: 74
Abdul Jalil and others Vs. Sharon Laily Begum Jalil, 1997, 26 CLC (AD)
....Court concerned, the British High Commission at Dhaka and the Ministry of Home Affairs (for attention of the immigration authorities). Ed. This Case is also Reported in: 50 DLR (AD)(1998) 55. ......anner and further seeking an order for the custody of those children. 3. Facts as disclosed by the mother in her writ petitions, briefly, are that, she is a British citizen having been born in England on 24-4-1968. Her father is from Bangladesh having been a member of the Dagon Bhuiyan Union Par......thers………………………….. Respondent [In Civil Appeal No. 59 of 1995] Judgment March 30, 1997. The Constitution of Bangladesh, 1972, Article 102 Habeas corpus for custody of minor children Normally the minor children should be with their mother as long as she does not ear....... Sharon Laily Begum Jalil of Civil Appeal No. 59 of 1995 were man and wife and the latter having been divorced by the former in the month of May, 1995 following a breakdown of marital relations, the question of custody of their four minor children, namely, Mohammad Nurul Alam Jalil (born on 23-4-19..Category: Family Law | Date: | Hits: 250
Jahanara Begum Vs. Md. Aminul Islam Chowdhury and others, 1997, 26 CLC (AD)
....a 1500.00 and executed another bainapatra dated 31-3-73 and promised to execute and register the deed within 6 months. The defendants in all received Taka 9,500.00 Out of Taka 10,000.00 and delivered possession of the suit land in part performance of the contract but the defendants did not execute a...... Court Dhaka in Title Suit No. 167 of 1975 decreeing the suit. 2. The plaintiff-respondent filed the aforesaid suit for specific performance of contract. The case of the plaintiff is that the Suit lands comprising of homestead, orchard, tank, etc. belonged to defendant Nos. 1 and 2 who entered in......Latifur Rahman J Md. Abdur Rouf J Bimalendu Bikash Roy Choudhury J Jahanara Begum……………………………………………………… Defendant-Appellant Vs. Md. Aminul Islam Chowdhury and others………………….Plaintiff-Respondents Judgment Feb...... product of subsequent manipulation. The plaintiffs positive case is that these two documents Ext. 1 and 1(a) are unregistered documents and in a suit for specific performance of contract the primary question is whether the plaintiff has been able to prove the genuineness of the agreement by produci..Category: Property Law | Date: | Hits: 86
Hasna Banu & others Vs. Keamat Ullah Malitha and others, 1997, 26 CLC (AD)
.... impugned kabala registered fraudulently beyond the knowledge of the plaintiff. She had no knowledge of the impugned kabala and she did not receive any consideration for the same. The plaintiff is in possession of the suit land and after obtaining certified copy of the kabala through her elder son o......10-66 is void, fraudulent, without any consideration and not binding upon the plaintiff. The plaint case is that her son defendant No. 2 on the strength of the kabala dated 17-10-66 recorded the suit land in the name of his wife, defendant No. 1, on the plea that his mother executed and registered t......l J Latifur Rahman J Md. Abdur Rouf J Bimalendu Bikash Roy Choudhury J Hasna Banu & others……………Defendant Appellant Vs. Keamat Ullah Malitha and others ……...Plaintiff-Respondents Judgment June 9, 1997. Result: The appeal is dismissed. The Limi......7. Result: The appeal is dismissed. The Limitation Act, 1908 (IX of 1908), Section 18 The Evidence Act, 1872 (1 of 1872), Onus of Proof Fraud having been perpetuated on the mother, the question of limitation will run from the date of knowledge of the impugned deed of sale and conseque..Category: Procedural Law | Date: | Hits: 154
Utpal Kanti Das Vs. Monju Rani Das, 1997, 26 CLC (AD)
....ance of any of the essential ceremonies, such as Saptapadi. In the result, the appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: 50 DLR (AD)(1998) 47. ......sion have settled the fact that there was a marriage ceremony between the parties in the temple of the deity Kali in presence of many person. Both the courts, however, laid stress upon exchange of garlands between the plaintiff and the defendant in proof of marriage omitting to mention the other cer......pal Kanti Das ……………………………….Appellant Vs. Monju Rani Das ………...Respondent Judgment July 22, 1997. Result: The appeal is dismissed. Marriage according to Hindu Law Once celebration of a marriage in fact is established, there shall be a presumpt......6 February 1994 passed by the High Court Division in Civil Order No. 653 of 1994). Judgment Bimalendu Bikash Roy Choudhury J. - In this appeal by leave the defendant Utpal Kanti Das calls in question the propriety of the judgment and order dated 6 February 1994 passed by the High Court Divi..Category: Family Law | Date: | Hits: 212
Bangladesh Vs. Shafiuddin and Others, 1997, 26 CLC (AD)
....d. In view of our decision as above the three applications for being added as parties to the appeals are rejected. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 27, 3 BLC (AD) 6. ......d. In view of our decision as above the three applications for being added as parties to the appeals are rejected. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 27, 3 BLC (AD) 6. ......Appellate Division (Civil) Present: ATM Afzal CJ Mustafa Kamal J Latifur Rahman J Md. Abdur Rouf J Bimanendu Bikash Roy Chowdhury J Bangladesh represented by the Secretary, Ministry of Establishment……………Appellant Vs. Shafiuddin Ahmed and 2 others ………......tion in Writ Petition No. 813 of 1993 by judgment and order dated 16-11-94 granted leave to the respondent-appealants under Article 103(2)(a) of the Constitution “as the case involves a substantial question of law as to the interpretation of the Constitution particulary Article 102 read with Artic..Category: Constitutional Law | Date: | Hits: 185
Samad Sikdar and others Vs. State, 1997, 26 CLC (AD)
.... Judges of the High Court Division in appeal, the same calls for no interference. Accordingly, both the petitions are dismissed. Ed. This Case is also Reported in: 50 DLR (AD)(1998) 24. ......eceased Hatem Sikder alleging that the accused-petitioners along with others on 11-9-89 at about 8-00 AM being armed with deadly weapons by forming an unlawful assembly came to cut away jute from the land of deceased Hatem Sikder who tried to resist the accused persons. At this accused Abdul Mannan ......ame calls for no interference. Accordingly, both the petitions are dismissed. Ed. This Case is also Reported in: 50 DLR (AD)(1998) 24. ...... Judges of the High Court Division in appeal, the same calls for no interference. Accordingly, both the petitions are dismissed. Ed. This Case is also Reported in: 50 DLR (AD)(1998) 24. ..Category: Procedural Law | Date: | Hits: 157
State Vs. Raihan Ali Khandker and others, 1997, 26 CLC (AD)
....Khatun both executed and registered sale deed No.6876 on 11-10-80. Accused-respondent No.1 Raihan Ali Khandkcr thereafter mutated his name by Mutation Case No.183/1-1/80-81 and since then has been in possession of the same paying rent for the same. PW 11 Abul Khair desirous of grabbing the said prop......era being Complaint Case No. 5 of 1987 against the accused-respondents and others under sections 419/420/467/109 of the Penal Code, alleging that one Mojahar Ali Mollah was the owner of 8.91 acres of land. He died on 10-6-79 leaving behind no issues. After his death his only heir (uncle) Wahed Ali M......int expert. We do not find any ground for interfere. The petition is dismissed. Ed. This Case is also Reported in: 50 DLR (AD)(1998) 23. ......orroborated opinion of handwriting and fingerprint expert. We do not find any ground for interfere. The petition is dismissed. Ed. This Case is also Reported in: 50 DLR (AD)(1998) 23. ..Category: Procedural Law | Date: | Hits: 120
Islam Steel Mills Ltd. Vs. Nirman International Ltd. and others, 1998, 27 CLC (AD)
.... trying to withdraw bills from the Bangladesh Bank to defraud the plaintiff and to frustrate the suit. The petition is dismissed. Ed. This Case is also Reported in: 50 DLR (AD)(1998) 21. ......filed another petition under section 151 of the Code of Civil Procedure with a prayer for attachment before judgment of the same properties, namely, the bills of respondent No. 1 (schedule 1) and the landed properties (schedule 2). The learned Subordinate Judge again passed an order on the same day ...... ATM Afzal CJ Mustafa Kamal J Latifur Rahman J Md Abdur Rouf J Bimalendu Bikash Roy Choudhury J Islam Steel Mills Ltd……………………………………………….. Plaintiff-Petitioner Vs. Nirman International Ltd. and others ………………….Defendant-R......ce of notices. He also submitted High Court Division was equally wrong in holding that there was no concrete allegations and material showing that defendant No. 1 was trying to sell the properties in question or to close down the business in order to obstruct or delay the execution of the decree and..Category: Procedural Law | Date: | Hits: 134
Bangladesh Bar Council Vs. Khawja Abdul Gani and another, 1997, 26 CLC (AD)
....ent case, although offence of this nature is not compoundable. Consequently, the appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: 50 DLR (AD)(1998) 18. ......cate before the Bangladesh Bar Council alleging, inter alia, that her husband late Mr. Neamatullah gifted her Taka 9 lacs deposited in FDR with Agrani Bank New Market Branch, Dhaka and 43 decimals of land at Mouza Senpara Parbata, Dhaka; that after death of her husband on 13-8-84 her husband’s you....... Result: The appeal is dismissed. The Bangladesh Bar Council Cannons of Professional Conduct and Etiquette. Chapter II, Clause 4 Respondent No. 1 committed professional misconduct by filing vokalatnama on behalf of the plaintiff as well as on behalf of his son defendant in the same sui......ent case, although offence of this nature is not compoundable. Consequently, the appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: 50 DLR (AD)(1998) 18. ..Category: Others | Date: | Hits: 105
458457456454451450449448447444442438437436435434432431430428