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Md. Nur Alam and another Vs. State, 2012, 41 CLC (HCD)
....with investigation of the case and during investigation he examined witnesses under section 161 of the Code, 1898, prepared sketch map of the places of occurrence with index (exhibit 8 and 9). On his transfer Daroga Rashid Bhuiyan took up the investigation. P.W.17 S.I. A. Rashid Bhuiyan, stated t......w for securing their arrest. Send a copy of this judgment and order to the said court along with the lower court records. Md. Emdadul Huq J. - I agree. Ed. This Case is also Reported in: ..Category: Criminal Law | Date: | Hits: 170
Gopinath Das and others Vs. Government of BanglaÂdesh & others, 2010, 39 CLC (HCD)
....med his settlement of schedule B land in favour of the plaintiffs. 7. One Azizul Hoque, father of plaintiff No.2 contributed l/10th of the salami of the settlement pursuant to which plaintiff No.1 transferred 0.48 acre land by executing a nadabipatra in favour of plaintiff No.2. 8. Since settl......ing in favour of the Government and other private defendants who are admittedly in possession of the suit land for decades by virtue of their continuous possession and title documents like registered deeds. A piece of private dakhila allegedly issued by an erstwhile Zamindar in 1944 can hardly, if e..Category: Property Law | Date: | Hits: 149
Bank of Small Industries & Commerce Bangladesh Vs. Shahabuddin Ahmed, 2012, 41 CLC (HCD)
....iting the paternal property by execution of a Notarised 'Wasiatnama'. So, the opposite-parties have become exclusive owner and possessors of the property under attachment by inheritance and severÂal transfers by the previous owner Shamsuddin and some successive owners. As such, the property of the ...... possession of the said 3rd party members. It requires to be seen whether inheritance by a son from father can be legally nullified by execution of Notarized 'Wasiatnama". Moreover, execution of such deed is also required to be proved. Neither deposition of any witness was recorded nor the alleged d..Category: Civil Law | Date: | Hits: 161
Kazi Nurul Haque Vs. State, 1983, 12 CLC (HCD)
....y other officer of his department namely the District Controller of Food or the Sub-Divisional Controller of Food or with any carrying contractor. The reÂcord shows that the case was initiated after transfer of the accused. The invesÂtigation was done in his absence. There is no explanation of the......ned to call for any witness and examine him under section 454C of the Code of Criminal Procedure. Mohammad Abdur Rouf J.- I agree. Ed. This Case is also Reported in:35 DLR (HCD) (1983) 352. ..Category: Criminal Law | Date: | Hits: 70
Juman Mia Vs. Zainab Bibi, 1983, 12 CLC (HCD)
....umstances of the case. I do not find any ground for interference in this matter. The application is, therefore, summarily rejected. Ed. This Case is also Reported in:35 DLR (HCD) (1983) 351. ......umstances of the case. I do not find any ground for interference in this matter. The application is, therefore, summarily rejected. Ed. This Case is also Reported in:35 DLR (HCD) (1983) 351. ..Category: Property Law | Date: | Hits: 73
Muslim Uddin Vs. Bangladesh and others, 2011, 40 CLC (HCD)
....he District Fisheries office since his joining in the service, after being appointed by Memo dated 27-1-1994 (Annexure-A). While he was performing his duties to the satisfaction of all concern he was transferred to the District Fisheries Office, Chittagong on 23-9-1999. Then again, on 2-1-2006 he wa......erms and conditions of servÂice, the Constitution requires him to take recourse to the specific remedy provided in Article 117 of the Constitution. Violation of terms and conditions of service may indeed be a violation of law, but if a specific remedy is provided in the Constitution for remedy then..Category: Administrative Law | Date: | Hits: 455
Dabiruddin and others Vs. State, 2007, 36 CLC (HCD)
....urathal report and sent the dead body to the morgue of Rangpur for post mortem examination. He recorded the statements of some witnesses under section 161 of the Code of Criminal Procedure. After his transfer, the task of investigation was entrusted on Sub-Inspector Ismail Hossain who again visited ......ainst them. They shall be set at liberty forthwith if not wanted in connection with any other case. Send down the L.C. R at once. Ed. This Case is also Reported in: 14 MLR (HCD) (2009) 181. ..Category: Criminal Law | Date: | Hits: 74
Nayeem Mehtab Chowdhury Vs. State, 2010, 39 CLC (HCD)
.... granted at the time of issuance of the rule is hereby vacated. Send down the Lower Court Records. Communicate the order at once. Ed. This Case is also Reported in: 16 BLC (HCD) (2011) 345. ......we do not consider this unsigned naraji petition as a petition in the eye of law. We also find that the learned Magistrate did not examine the person who is said to have filed this naraji petition. Indeed, the question to examine the person who filed this unsigned 'naraji petition' does not arise. H..Category: Criminal Law | Date: | Hits: 124
Category: Procedural Law | Date: | Hits: 165
Abdul Jabbar Bhuiyan and others Vs. Kulsum Banu Bibi and others, 2008, 37 CLC (HCD)
.... above petitioner and others as defendants praying for a declaration that the compromise decree dated 8-11-90 passed in Title Suit No.78 of 1988 is not binding upon them and the suit was subsequently transferred and reÂnumbered as Title Suit No.53 of 1998 and lastly it was transferred to the Court ......great Alem; he was the Khalifa of Sonakanda Darbar who had many disciples; the plaintiffs predecessor Badsha Mia was also a Murid of defendant No.2 and sold the land to defendant No.2 by a registered deed No.6699 dated 25.11.68 and on the same date executed a registered compensation deed No.6700. Co..Category: Property Law | Date: | Hits: 112
Faroque Reza Vs. Government of the People's Republic of Bangladesh and others, 2008, 37 CLC (HCD)
....an No.3841, Mouza Sutrapur, under Dhaka Collectorate is declared to have been passed without lawful authority and is no legal effect. Ed. This Case is also Reported in: 14 MLR (HCD) (2009) 256. ...... Faruk Reza claims that he acquired the land of C.S. Plot No.8 appertaining to Khatian No.3841 of Mouza Sutrapur under Dhaka Collectorate by way of purchase from Al-haj Alimullah by 2(two) registered deeds being No.11739 and 18178 dated 21.06.1997. Petitioner got his name mutated in the Government R..Category: Civil Law | Date: | Hits: 74
National Bank Ltd. Vs. Provashi International Ltd. and others, 2010, 39 CLC (HCD)
....ision envisaged that on the enactment of said Act 51 of 1990 all the pending suits filed by any financial institutions in respect of their claims arising out of the loans allowed by them, would stand transferred in the respective Artha Rin Court within the District. . . According to Section 3 of the......ough M/S Dilmus Trading Agency and transported the consignment to Dhaka by M/S Joni Transport & Trading and stored the same in the plaintiff's godown as pledge. 4. That the defendants executed deed of agreement and other documents in favour of the plaintiff; plaintiff made several reminder to..Category: Civil Law | Date: | Hits: 106
Nurul Islam Shaikha and others Vs. Shahadat Hossain & others, 2011, 40 CLC (HCD)
.... Shahadat Hossain & others…………………………Opposite Parties Judgment March 14, 2011. Result: The Rule is made absolute. Heba-bil-Ewaz In case of a Heba-bil-Ewaz, a transfer takes place from the owner of a property to the transferee for some consideration, which is......ecree dated 30-9-1990) passed by the learned Assistant Judge, Santhia, Pabna in Other Class Suit No.138 of 1986 decreeing the suit for performance of contract in respect of transfer of some land by a deed of Heba-bil-Ewaz. 3. Earlier a Rule was issued on the matter. 4. Facts relevant for dispo..Category: Property Law | Date: | Hits: 139
Md. Mosarraf Hossain Mondol Vs. Md. Elias Hossain Mollick and others, 2007, 36 CLC (HCD)
....anted earlier by this Court stands vacated. 29. Send down the lower Court's record at once with a copy of Judgment for information. Ed. This Case is also Reported in: 7 LG (HCD) (2010) 107. ......ed in the territory of District Bangaon within India; that in 1961 the father of the plaintiff decided to exchange his land with defendant Nos. 2-11 and delivered the possession, that on 14.09.1964 a deed of exchange was executed and registered by defendant Nos.2-11; that, subsequently the father of..Category: Procedural Law | Date: | Hits: 114
Md. Joinaul Abedin Mintu Vs. Joint District Judge, 3rd Court Tangail and others, 2010, 39 CLC (HCD)
....possession to the decree holder may be taken if the decree holder bank prays so. In the absence of filing of application for execution of the decree, the order of the court for issuing certificate of transfer the mortgaged property for realizing the decretal dues will be patently unlawful………â€......to have been made without lawful authority and in an unlawful manner and is of no legal effect. Communicate this judgment at once. Ed. This Case is also Reported in: 18 BLT (HCD) (2010) 277. ..Category: Civil Law | Date: | Hits: 174
Azam Ali and another Vs. Akram Ali and others, 2010, 39 CLC (HCD)
....intiffs in the suit land without due process of law. The defendant No.1, Akram Ali against the said judgment and decree preferred Title Appeal No.528 of 2002 before the District Judge, Dhaka which on transfer was heard and disposed of by the learned Joint District Judge. Second Court, Dhaka who by h......chased by Dr. Abbas Ali in the name of his sons Amjad Ali, Basarat Ali, Akmal Ali along with defendant No.2 Danesh Ali. Defendant No.2 was authorized to arrange execution and registration of the sale deed who got the sale deed executed and registered in his name alone. During S.A. operation Amjad Al..Category: Procedural Law | Date: | Hits: 99
Mohin Uddin (Md.) Vs. State, 2008, 37 CLC (HCD)
....r about 15 minutes before he was nabbed. 3. The informant, Inspector Sheikh Abdul Mannan himself, took up the investigation of the case and before he could complete the same he left the station on transfer and then some other officer namely Abu Bakar Siddique continued investigation and submitted...... and sentence is hereby upheld. Send down the original case records at once with the copy of the judgment for taking necessary action. Ed. This Case is also Reported in: 61 DLR (HCD) (2009) 35. ..Category: Criminal Law | Date: | Hits: 92
Category: Others | Date: | Hits: 113
Abdul Mannan Mathbar Vs. Nazmul Hoque Majumder and others, 2009, 38 CLC (HCD)
....e decided in a simple suit for permanent injunction. More over there is no scope to frame additional issue after the suit is remanded for retrial for deciding genuineness or otherwise of a registered transfer deed. This can only be done in a separate suit at the instance of the defendants………â€......); section 54 In a suit for permanent injunction simplisitor, the plaintiff has to prove his prima facie title and exclusive possession in the suit land……………………….(9) Whether a deed is genuine or not cannot be decided in a simple suit for permanent injunction. More over there ..Category: Civil Law | Date: | Hits: 94
Waseq Ullah & Others Vs. Rezia Khatun and Others, 2010, 39 CLC (HCD)
....ls waiver and acquiescence? 3. Are both the suits barred by law of limitation? 4. Are both the suits had for defect of parties? 5. Whether original DS recorded tenant and some of their hairs transferred the 'Ga' schedule land at Taka 2,000 and the plaintiff put in to possession of the same ...... property orally, he cannot assert that he got title by adverse possession as title by adverse possesÂsion is to be claimed by a person whose title is to be perfected other than by virtue of a title deed or a contract to purchase. . . The limitation for getting title by adverse possession against G..Category: Property Law | Date: | Hits: 83