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Zakir Hossain and another Vs. Md. Yousuf Kabir and others, 2008, 37 CLC (HCD)
....shi Nowab Ali of 74, Mirpur, Dhaka on 20.06.1953. The sale was confirmed on 24.08.1953 and sale certificate was issued in favour of said Ali Ahmed on 19.11.1953. The auction purchaser (Ali Ahmed) got possession of the auction purchased land on 20.01.1954 through court. Ali Ahmed being in possession .......59 of 1994 decreeing the suit. 2. Respondent Nos.1 and 2 as plaintiffs filed the said title suit in the Court of Joint District Judge, 2nd Court, Dhaka for declaration of title to the suit land on the averments, interalia, that the land of C.S. khatian No.241 being plot No.390/3940 measur...... This Case is also Reported in: 29 BLD (HCD) (2009) 347. ......sion. The leave petition was dismissed by the Appellate Division observing as under: "The learned Subordinate Judge in dismissing the suit, interalia, found that since complicated question of law as well as facts was involved in the suit a simple suit for permanent injunction was..Category: Property Law | Date: 13 May, 2008 | Hits: 5
Shrimp and Fish Processing Plant Ltd. Vs. National Bank Limited and others, 2008, 37 CLC (HCD)
....he order of stay granted earlier by this Court stands vacated. Communicate the order to the Adalat concerned at once. Ed. This Case is also Reported in: 28 BLD (HCD) (2008) 503. ......he order of stay granted earlier by this Court stands vacated. Communicate the order to the Adalat concerned at once. Ed. This Case is also Reported in: 28 BLD (HCD) (2008) 503. ...... Communicate the order to the Adalat concerned at once. Ed. This Case is also Reported in: 28 BLD (HCD) (2008) 503. ...... 8. Mr. M. Saleem Ullah, finally contends that whether the transaction made in between the parties comes within the definition of loan as per provision of section 2 (kha) of the Ain is a disputed question of fact requiring evidence to be decided does not fall within the ambit of writ jurisdicti..Category: Procedural Law | Date: 4 May, 2008 | Hits: 9
Kazi Ramimul Islam Vs. State, 2008, 37 CLC (HCD)
....ul Islam is discharged from his respective bail bond. Send down the lower Court records along with a copy of Judgment expeditiously. Ed. This Case is also Reported in: 62 DLR (HCD) (2010) 6. ......ul Islam is discharged from his respective bail bond. Send down the lower Court records along with a copy of Judgment expeditiously. Ed. This Case is also Reported in: 62 DLR (HCD) (2010) 6. ......l bond. Send down the lower Court records along with a copy of Judgment expeditiously. Ed. This Case is also Reported in: 62 DLR (HCD) (2010) 6. ......iranjan has not been proved and as such, the charge of abetment against the accused appellant Ranimul Islam does not stand. 56. In the case of abduction, conspiracy before abduction is a pertinent question. It is alleged that accused Niranjan made conspiracy with the accused appellant Ranimul Isl..Category: Women and Children | Date: 4 May, 2008 | Hits: 151
Kazi Ranimul Islam Vs. State, 2008, 37 CLC (HCD)
....imul Islam is discharged from his respective bail bond. Send down the lower Court records along with a copy of judgment expeditiously. Ed. This Case is also Reported in: 62 DLR (HCD) (2010) 6.......imul Islam is discharged from his respective bail bond. Send down the lower Court records along with a copy of judgment expeditiously. Ed. This Case is also Reported in: 62 DLR (HCD) (2010) 6.......ail bond. Send down the lower Court records along with a copy of judgment expeditiously. Ed. This Case is also Reported in: 62 DLR (HCD) (2010) 6.......iranjan has not been proved and as such, the charge of abetment against the accused appellant Ranimul Islam does not stand. 56. In the case of abduction, conspiracy before abduction is a pertinent question. It is alleged that accused Niranjan made conspiracy with the accused appellant Ranimul Isl..Category: Women and Children | Date: 4 May, 2008 | Hits: 8
Jewel Cotton Spinning and Weaving Mills Ltd. Vs. Bangladesh & others, 2008, 37 CLC (HCD)
....d with cost. The trial Court is directed to dispose of the suit preferably within three months from the date of receipt of the order. Ed. This Case is also Reported in: 13 BLC (HCD) (2008) 572. ......d with cost. The trial Court is directed to dispose of the suit preferably within three months from the date of receipt of the order. Ed. This Case is also Reported in: 13 BLC (HCD) (2008) 572. ......the suit preferably within three months from the date of receipt of the order. Ed. This Case is also Reported in: 13 BLC (HCD) (2008) 572. ......ntiff not to file the documents as prayed for by the defendants holding that if the suit is not disposed of within stipulated time, the suit under Artha Rin Adalat Ain does not abate. 14. The moot question arises in the instant suit is, that whether the stipulated time for disÂposal of a suit as..Category: Civil Law | Date: 24 Apr, 2008 | Hits: 62
Chairman, Bangladesh Water Development Board Vs. Md. Abdur Rahman, 2008, 37 CLC (HCD)
....he Courts below stand maintained. 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:61 DLR (HCD) (2009) 42. ......he Courts below stand maintained. 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:61 DLR (HCD) (2009) 42. ......de of Civil Procedure, 1908 (Act No. 5 of 1908); section 9 The Specific Relief Act, 1877 (Act No. 1 of 1877); section 42 Exclusion of jurisdiction of a Civil Court should not be readily inferred. Even if jurisdiction is so excluded, the Civil Courts have jurisdiction to examine cases w......r the plaintiff is an employee or not were decided by the Courts below and these findings of facts already arrived by the Courts below initially, would not be interfered by the provisional Court. The question whether the plaintiff was a worker under the labor law or is an employee of the Board is co..Category: Employment/Service Law | Date: 24 Apr, 2008 | Hits: 50
M. Shafuqul Alam and others Vs. Qazi Rafiq Ahmed and others, 2006, 35 CLC (HCD)
....ed. Communicate the order at once to the Court of learned Senior Assistant Judge, Sylhet for his information and necessary action. Ed. This Case is also Reported in: 14 MLR (HCD) (2009) 476. ......ed. Communicate the order at once to the Court of learned Senior Assistant Judge, Sylhet for his information and necessary action. Ed. This Case is also Reported in: 14 MLR (HCD) (2009) 476. ......diction) Present: Syed Amirul Islam J Sheikh Abdul Awal J M. Shafuqul Alam and others....................Defendant-Petitioners. Vs. Qazi Rafiq Ahmed and others....................Plaintiff-opposite parties. Judgment April 17, 2006. Result: The Rule is discharged. La...... plain reading of the above section, it appears that the relief as contemplated under this provision of law is one of discretionary nature which depends on the satisfaction of the Court. Now the only question that calls for determination by this Court is as to whether the defendant-petitioners have ..Category: Procedural Law | Date: 12 Apr, 2008 | Hits: 40
....and measurÂing about 1.63 acres of land out of which five decimals of land
purchased by opposite party No.2 Biren who purchased the said land and erected
the house therein and while he had been in possession the D.P. Khatian No.138 and new Dag No.408 was prepared. ThereafÂter a
new B.P. Khatian......case under Section 24 of the Non-Agricultural
Tenancy Act being MiscellaneÂous Case No.46 of 2000 in the Court of Senior
Assistant Judge, Gobindaganj, Gaibandha alleging, inter alia, that the suit land originally belonged to Mojibor and
Mofizar. That in the year 1985 the opposite party Nos.2-4 w......
Present:
Syed Abu Kowser Md. Dabirush-Shan J
Most. Rafika Begum……………………………………………………………..Petitioner
Vs.
Md. Mohammad Ali
Sheikh being dead his heirs Most. Asia Bewa and
others………………………………………………......t Gazette Notification
dated 25.8.1998 and the suit was instituted on 27.6.2000 when the pre-emptor-opposite
party obtained the certified copy of the registered deed dated 29.3.2000.
Therefore the question of mainÂtainability of the suit under Section 24 of the Non-Agricultural
Tenancy Act, 194..
Category: Property Law | Date: 9 Apr, 2008 | Hits: 4
Bangladesh Institute of Planners Vs. Government of Bangladesh and others, 2008, 37 CLC (HCD)
....nner in the department. Considering the facts and circumstances of the case, the Rule is discharged without any order as to costs. Ed. This Case is also Reported in: 13 BLC (HCD) (2008) 494. ......duces about 30 graduates. The profession of Urban and Regional Planning has grown in the recent years to encompass all aspects of the systematic development of human settlements, including the use of land, protection of the environment, economic productivity and the future allocation of physical and......rcumstances of the case, the Rule is discharged without any order as to costs. Ed. This Case is also Reported in: 13 BLC (HCD) (2008) 494. ......irect recruitment. He further submits that it is the intention of the authority to give promotion from the feeder post and if no suitable and qualified candidates are availÂable then, and only then, question of direct recruitment comes in. In the instant case no direct recruitment was made. He furt..Category: Civil Law | Date: 6 Apr, 2008 | Hits: 49
Khandaker Mahmud Hasan Vs. Amirul Islam, 2008, 37 CLC (HCD)
....hop premises within 4(four) months from date. Let a copy of the judgment along with LC record be send down at once. Ed. This Case is also Reported in: 28 BLD (HCD) (2008) 202. ......Transfer of Property Act, 1882 (Act No. IV of 1882); section 106 Once a tenancy comes into an existence the tenant cannot convert his tenancy into a permanent one by doing any act adverse to the landlord.......................(37) Cases Referred to- Chand Miah Sawdagar Vs. AMA R......pposite Party Judgment March 27, 2008. Result: The Rule is made absolute. The Transfer of Property Act, 1882 (Act No. IV of 1882); section 106 Once a tenancy comes into an existence the tenant cannot convert his tenancy into a permanent one by doing any act advers......d to prove the bonafide requirement for purposes of a multistoried building. He next submits that the Trial Court was right in holding that since the advanced security money is not adjusted, the question of defaulter in respect of payment of rent does not arise at all. He further submits t..Category: Tenancy Law | Date: 27 Mar, 2008 | Hits: 13
Kazi Ali Ahmed Vs. Mohammad Nurunnabi and others, 2008, 37 CLC (HCD)
....a as her legal heirs. Thereafter the aforesaid heirs of Afsin sold out the suit, property to the plaintiffs vide Sub-Kabala deed Nos.741, 742 and 743 dated 24.5.1984 and 27.5.1984 and handed over the possession to the plaintiffs who were cultivating the same through their Bargadar like Miazuddin and......nd not binding upon the plaintiffs-opposite parties. 3. The plaintiffs suit in short is that the suit property under the Mouza Bhaigor, C.S. Khatian No.392, C.S. Dag No.752, measuring .27 acres of land which originally belongs to Afsin and Babar Ali and the suit property by amicably partition got....... Noorjahan Bewa and others, 15 BLD (AD) 82; Hazari Bala Sana and another Vs. Niron alias Niranjan Mandal and others, 17 BLD (AD) 295. Lawyers Involved: Quamrul Islam Siddiqui with Md. Jashimuddin - For the Defendant-Respondent-Petitioner. Muhammad Nazrul Islam with Syed Al Asafur Ali...... decision in the case Khurshid Ali and others Vs. Noorjahan Bewa and others reported in 15 BLD (AD) 82 where in it has been held that:- "When the appellate Court as the final Court of fact decides questions of fact and records its findings on consideration of the evidence on record, the High Cour..Category: Property Law | Date: 5 Mar, 2008 | Hits: 28
Mrs. Rehan Parvin @ Shohely Parvin Vs. State and another, 2008, 37 CLC (AD)
....n view the above, we find no substance in the submissions of the learned Advocate for the petitioner. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: 21 BLT (AD) (2013)11.......ng Account No.5721 in Agrani Bank, Daulatpur Branch and sent Tk.5,80,000.00 and also Tk.3,50,000.00 i.e. the money received from house rent, to the accused petitioner. The accused petitioner sold the landed property of the complainant purchased in the name of the accused petitioner at a cost of Tk.1...... the submissions of the learned Advocate for the petitioner. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: 21 BLT (AD) (2013)11.......on of the marriage, for maintaining the family but there is allegation that the accused petitioner after breaking the mutual trust misappropriated the huge amount given to her by the complainant, the question of exhausting the money for maintaining the family does not hold good. It appears that the ..Category: Procedural Law | Date: 19 Feb, 2008 | Hits: 6
Commissioner of Taxes Vs. Oriental Real Estate Ltd, 2008, 37 CLC (HCD)
.... and against the assessee with cost. The cost is assessed Taka 15,000 for each reference. Communicate at once. Ed. This Case is also Reported in: 60 DLR (HCD) (2008) 506. ...... and against the assessee with cost. The cost is assessed Taka 15,000 for each reference. Communicate at once. Ed. This Case is also Reported in: 60 DLR (HCD) (2008) 506. ......a 15,000 for each reference. Communicate at once. Ed. This Case is also Reported in: 60 DLR (HCD) (2008) 506. ......p;………Applicant Vs. Oriental Real Estate Ltd…………………Respondent Judgment February 18, 2008 Result: The question formulated for determination answered in the negative for the revenue and ag..Category: Fiscal/Taxation Law | Date: 18 Feb, 2008 | Hits: 1
Abdul Khaleque and others Vs. Akhtaruzzaman Mia and others, 2008, 37 CLC (HCD)
....19 of 2003 in the court of the learned Assistant Judge, Atowari, Panchagar impleading the opposite parties as defendants praying for declaration of title to the suit land and for recovery of khas possession upon evicting the defendants therefrom and for a further declaration that the instrument......instituted Other Class Suit No.19 of 2003 in the court of the learned Assistant Judge, Atowari, Panchagar impleading the opposite parties as defendants praying for declaration of title to the suit land and for recovery of khas possession upon evicting the defendants therefrom and for a further d......uzzaman Mia and others……………………Opposite parties Judgment February 18, 2008. Result: The rule is discharged. Cases Referred to- Erfan Ali Vs. Joynal Abedin Mia (late) represented by his legal heirs Golenur and others, 35 DLR (AD) 216; Noor Mohammad Kha......rder of stay as granted at the time of the issuance of the rule is vacated. Send down the lower court records. Ed. This Case is also Reported in: 13 MLR (HCD) (2008) 193. ..Category: Property Law | Date: 18 Feb, 2008 | Hits: 7
Farid Miah (Md.) Vs. State, 2008, 37 CLC (HCD)
....t Md. Farid Miah be set at liberty forthwith if not wanted in connection with any other case. Send down the LCR at once. Ed. This Case is also Reported in: 13 BLC (HCD) (2008) 903. ......t Md. Farid Miah be set at liberty forthwith if not wanted in connection with any other case. Send down the LCR at once. Ed. This Case is also Reported in: 13 BLC (HCD) (2008) 903. ...... in connection with any other case. Send down the LCR at once. Ed. This Case is also Reported in: 13 BLC (HCD) (2008) 903. ......d and which, if produced, be unfavourable to the party withholding such evidence, the Court can draw a presumption under Illustration (g) to section 114 of the Evidence Act. In such a situation, a question that arises for consideraÂtion, is whether the presiding officer of a Court should simply..Category: Criminal Law | Date: 14 Feb, 2008 | Hits: 5
Sefina Ferdousi @ Shimla and another Vs. Jaohar Kabir and others, 2008, 37 CLC (HCD)
....wer Court's Record to the Courts below at once. Communicate the judgment to the Courts below immediately. Ed. This Case is also Reported in: 13 MLR (HCD) (2008) 434; 61 DLR (HCD) (2009) 86. ......wer Court's Record to the Courts below at once. Communicate the judgment to the Courts below immediately. Ed. This Case is also Reported in: 13 MLR (HCD) (2008) 434; 61 DLR (HCD) (2009) 86. ......rts below immediately. Ed. This Case is also Reported in: 13 MLR (HCD) (2008) 434; 61 DLR (HCD) (2009) 86. ......passed by the learned 5th Assistant Judge and Family Court Judge, Dhaka in Family Case No.400 of 2005 should not be set aside and or pass such other order or orders may seem fit and proper. 2. The question which falls for determination in this Rule is whether the custody of the child should be re..Category: Women and Children | Date: 3 Feb, 2008 | Hits: 142
Abdul Latif (Md.) Vs. Mohammad Ali, 2008, 37 CLC (HCD)
....A mere denial by a defendant as to the title of the plaintiff in any portion of the property in a Partition Suit would not convert a Partition Suit into a declaratory suit for title and a suit for possession, as the jurisdiction of a Civil Court in case of a Partition Suit could not be placed at......oint possession into separate possession and the suit does not cease to be one for partition, merely because the defendants denies the title of the plaintiff to a share of the estate or to specific land of the estate and asserts a hostile title and adverse possession therein as in the present cas......€¦â€¦.Opposite Parties Judgment January 28, 2008. Result: The Rule is discharged without any order as to costs. In a Partition Suit, disputed questions of title may be involved and such questions are to be decided by the Court trying the suit. A mere denial by a defe......mad Ali…………………….Opposite Parties Judgment January 28, 2008. Result: The Rule is discharged without any order as to costs. In a Partition Suit, disputed questions of title may be involved and such questions are to be decided by the Court trying the sui..Category: Property Law | Date: 28 Jan, 2008 | Hits: 31
Ilias (Md.) Vs. Md. Zahed Chowdhury (Paban), 2008, 37 CLC (HCD)
....essary to produce the provision of Order VII, rule 14 of the Code which is as under: "R 14—Production of documents along with the plaint.- (1) Where a plaintiff relies upon documents in his possession or power as evidence in support of his claims, he shall produce them in Court when the pl......r disposal of this Rule are that opposite party Nos. 1-8 as plaintiffs instituted Title Suit No. 309 of 1996 in the Court of Subordinate Judge, First Court, Dhaka for declaration of title to the suit land. 3. The petitioners who are defendant Nos. 1 and 2 appeared in the suit and filed an appli...... the plaintiffs in the plaint. There will be no order as to costs. Ed. This Case is also Reported in: 61 DLR (HCD) (2009) 76. ......he Court order in filing the documents as relied upon by the plaintiffs in the plaint. There will be no order as to costs. Ed. This Case is also Reported in: 61 DLR (HCD) (2009) 76. ..Category: Procedural Law | Date: 28 Jan, 2008 | Hits: 210
Nabab Khan Vs. Commissioner of Taxes, 2008, 37 CLC (HCD)
....erence with our answer to the question in the affirmative for the Revenue Department and against the assesses. No cost. Ed. This Case is also Reported in: 61 DLR (HCD) (2009) 397. ......erence with our answer to the question in the affirmative for the Revenue Department and against the assesses. No cost. Ed. This Case is also Reported in: 61 DLR (HCD) (2009) 397. ......ue Department and against the assesses. No cost. Ed. This Case is also Reported in: 61 DLR (HCD) (2009) 397. ...... of construction as a contractor, security guard supply, wholesale, stevedoring, readymade garments, bricks, etc. He won 22-11-98 submitted his income tax return for the assessment year 1998-99 in question claiming a loss of Taka 10, 24,920. The case was fixed for hearing on several dates pursua..Category: Fiscal/Taxation Law | Date: 22 Jan, 2008 | Hits: 13
Sultana Hashem Vs. Government of Bangladesh and others, 2008, 37 CLC (HCD)
....haka now detained in Dhaka Central Jail, be set at liberty at once, if not wanted in connection with any other case or cases. Ed. This Case is also Reported in: 28 BLD (HCD) (2008) 668. ......haka now detained in Dhaka Central Jail, be set at liberty at once, if not wanted in connection with any other case or cases. Ed. This Case is also Reported in: 28 BLD (HCD) (2008) 668. ......e, if not wanted in connection with any other case or cases. Ed. This Case is also Reported in: 28 BLD (HCD) (2008) 668. ...... specific ground justifiÂable under the Special Powers Act and also stands on the same which is very much absent in the present case. 25. The learned advocate for the petiÂtioner raises the question relates to the power of the government to extend the period of deÂtention exercising the ..Category: Criminal Law | Date: 21 Jan, 2008 | Hits: 10
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