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Almgir Hossain and another Vs. State, 2012, 41 CLC (AD)
....irst Information Report (FIR) on 13.11.1998 with Comilla Kotwali P.S. alleging that on 12.11.1998 his son, victim Jamal Hossain, who was a rickshaw puller, deposited his rickshaw in the garage of its owner and went to the Doulatpur Majar sharif to attend its weekly gathering. The people present ther...... Lawyers Involved: Zainul Abedin, Advocate on Record - For the Petitioner (In both the cases). No one - For Respondents (In both the cases). Criminal Petition for Leave to Appeal Nos. 348 and 349 of 2009. (From the judgment and order dated 20th January, 2009 passed by the High Court D......fessional statements is not tenable in law”. Preparation of paper book, as prayed for, is dispensed with. Both the appeals will be heard analogously. Ed. This Case is also Reported in: ..Category: Criminal Law | Date: | Hits: 70
Sarafat Hossain Vs. Dr. Islamuddin, 1992, 21 CLC (HCD)
....ty described in schedule ‘Ka’ of the plaint. In this connection the learned Advocate for the petitioner submitted that since plaintiff opposite party admitted defendant petitioner to be exclusive owner of the suit property, plaintiff opposite party is estopped from denying defendant petitioner t......………………..Petitioner Vs. Dr. Islamuddin…………………..Opposite Party Judgment August 27, 1992. Result: The Rule is discharged. Cases Referred to- Mohori Bibi and another and Dhurmadas Ghose, Indian Appeals Vol. 30 page 115; Jasimuddin Khan Vs. Md. Ali Ashraf......her Appeal No.112 of 1985 does not call for any interference. In the result, the Rule is discharged without any order as to costs. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 724. ..Category: Property Law | Date: | Hits: 74
AW Malik Vs. Commissioner of Taxes, Dhaka (South) Zone, Dhaka, 1992, 21 CLC (HCD)
....s justified in law in holding, on the basis of applicant's erroneous return for the assessment year 1972‑73 and his contribution towards construction of the building, that the applicant is the real owner of the house property in question and Mrs. Momtaz Mallik is mere name lender and benamdar? ......ce of assessee. In this application the assessee has formulated the following questions said two have arisen out of the order of the Appellate Tribunal for our decision; “1. Whether on the facts and in the circumstances of the case the Taxes Appellate Tribunal was justified in law in holding, o......we answer the question Nos. 2 and 3 in the affirmative and against the assessee. The parties are directed to bear their own costs. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 697. ..Category: Fiscal/Taxation Law | Date: | Hits: 110
Bangladesh and another Vs. Md. Badiuzzaman and others, 2011, 40 CLC (AD)
....were amended. On 3rd December, 1998, section 2 (kaka) of the impugned Act Nos.9, 10 and 11 of 1998 has been further amended by which a non-tribal permanent resident would now mean a person who is the owner of lawful land and who has a permanent address in a Hill District. Deletion of the words 'Loca.................................Petitioner (In Civil Petition No.1847 of 2010) Chittagong Hill Tracts Regional Council..........Petitioner (In Civil Petition No.1891 of 2010) Vs. Md. Badiuzzaman and others.......................Respondents (In both the cases) Order March 3, 2011. Resu......osal of the appeals. Appeals to be registered arising out of this leave granting order will be heard along with C.A.No.8 of 2008. Ed. This Case is also Reported in: VIII ADC (2011) 811. ..Category: Constitutional Law | Date: | Hits: 219
Mohadashi Sutradhar and another Vs. Monindra Chandra Sannyashi and others, 2011, 40 CLC (AD)
....orrectly recorded in the C.S. Khatian. Alokeshi Bewa died leaving behind her brother-in-law's son Surendra Mohan Sarkar. While Surendra Mohan Sarkar was in possession of the said land as the rightful owner he sold 27 decimals of land from plot No.1054 to Sheikh Jobed Ali and Sree Roy Chand Sutradhar...... Ed. This Case is also Reported in: VIII ADC (2011) 773. ...... those of the appellate Court and consequently no merit in the submission of Mr. Awlad Ali. Accordingly, this petition is dismissed. Ed. This Case is also Reported in: VIII ADC (2011) 773. ..Category: Property Law | Date: | Hits: 68
Jiban Chandra Sarkar Vs. Md. Rafizuddin Bepary and others, 2011, 40 CLC (AD)
....partition and he transferred 16 decimals of land in favour of defendant No.3 by a registered deed of gift. Satish died leaving behind his only son defendant No.3. This way defendant No.3 became the owner of 58 decimals of land in the suit plot and he is in possession thereof. The plaintiff is neit......e with Rules. Ed. This Case is also Reported in: VIII ADC (2011) 760. ......) is to be deposited within one month. The petitioner is permitted to prepare the paper books out of Court in accordance with Rules. Ed. This Case is also Reported in: VIII ADC (2011) 760. ..Category: Property Law | Date: | Hits: 66
Md. Hossain Ahmed Vs. Bangladesh House Building Finance Corporation and another, 2011, 40 CLC (AD)
....by a separate proceeding, is accepted then we shall be giving premium to the petitioner to enjoy the mortgaged property merrily at the cost and miseries of respondent No.2, of which he is no more the owner. For the discussions made above, we find no substance in the submissions of Mr. Quamrul Isl......hhab Miah J Nazmun Ara Sultana J Syed Mahmud Hossain J Muhammad Imman Ali J Md. Hossain Ahmed.........................Petitioner Vs. Bangladesh House Building Finance Corporation and another……….........Respondents Judgment February 27, 2011. Result: The ......tance in the submissions of Mr. Quamrul Islam Siddique, so in the leave petition. Accordingly, the leave petition is dismissed. Ed. This Case is also Reported in: VIII ADC (2011) 721. ..Category: Civil Law | Date: | Hits: 108
AKM Haroon‑or‑Rashid & another Vs. AKM Mostafa Kamaluddin and others, 2001, 30 CLC (HCD)
....ntiffs' predecessor-in-interest, took settlement of the same by registered lease deed dated 29‑9‑1965. Abdul Khaleque Dhali paid all premiums except one and remained in possession as the rightful owner. Defendant No.1 in collusion with some officials of the Settlement Office changed the photogra......urt High Court Division (Civil Revisional Jurisdiction) Present: SM Hossain J AKM Haroon‑or‑Rashid & another..................Petitioners Vs. AKM Mostafa Kamaluddin and others.............Opposite Parties Judgment March 22, 2001. Result: The Rule is mad......e of receipt of the judgment. Let a copy of the judgment be communicated to the learned Assistant Judge concerned immediately. Ed. This Case is also Reported in: 57 DLR (2005) 29. ..Category: Civil Law | Date: | Hits: 68
Emdadul Hoque Vs. State, 2004, 33 CLC (HCD)
.... falsely implicated in this case out of enmity and grudge. His further defence ease is that the deceased used to work in a local rice mill where she had extra‑marital connection with one Mukul, the owner of the said rice mill, and that she was caught red handed on the date and in order to avoid pu......State. Criminal Appeal No. 1337 of 1998. Judgment Md. Hassan Ameen J.- This Criminal Appeal, at the instance of sole accused-appellant namely, Emdadul Hoque, is directed against the judgment and order, dated 4‑5‑1998, passed, by the learned Sessions Judge, Lalmonirhat, in Sessions Case ......n. Send down the LC records along with a copy of this judgment to the trial Court concerned immediately for information and necessary action. Ed. This Case is also Reported in: 57 DLR (2005) 21. ..Category: Criminal Law | Date: | Hits: 76
Commander (Rtd) A A Chowdhury Vs. AKM Imam Hossain and others, 1996, 25 CLC (HCD)
....s described in the plaint. The suit on transfer to the Court of Asstt. Judge, 5th Additional Court, Dhaka was re‑numbered as Title Suit No.90 of 1992. The case of the plaintiff is that they are the owners of the suit premises and that they let out the said premises which is a shop to the defendant...... Ed. This Case is also Reported in: 49 DLR (HD) (1997) 23 ...... reference by this Court. In the result, the Rule is discharged with costs. The stay granted earlier by this Court is hereby vacated. Ed. This Case is also Reported in: 49 DLR (HD) (1997) 23 ..Category: Property Law | Date: | Hits: 65
Mokbul Ahmed Vs. Shamsul Rashid and others, 1996, 25 CLC (HCD)
.... himself as the mutwalli thereof and prayed for permanent injunction against the petitioner and on receipt of the summons for the first time learnt from the disclosure in the plaint that the original owner Halimullah by a deed dated 28th Kartik, 1323 RS made a Waqf in respect of the case property th...... Present: Mohammad Fazlul Karim J Mokbul Ahmed @ Kutub through his constituted Attorney Md. Shamsul Islam....................................................Appellant Vs. Shamsul Rashid and others................Opposite Parties Judgment July 24, 1996. Result: The appeal is......in Civil Revision No.250 of 1991 for stay has become infructous and the same is, accordingly, discharged without any order as to costs. Ed. This Case is also Reported in: 49 DLR (HD) (1997) 18. ..Category: Trust/Waqf Law | Date: | Hits: 165
Government of Bangladesh and another Vs. Monwarul Alam and others, 2011, 40 CLC (AD)
....in short, is that the suit land belonged to Mahmuda Begum and accordingly the same was recorded in the S.A. Khatian in her name. While Mahmuda Begum was in possession of the suit land as the rightful owner, she constructed a 2(two) storied building therein by taking loan from the House Building Fi...... Case is also Reported in: VIII ADC (2011) 679. ......rder dated the 2nd March, 2010 passed by the High Court Division in Civil Revision No.1737 of 1996 is stayed till disposal of the appeal. Ed. This Case is also Reported in: VIII ADC (2011) 679. ..Category: Property Law | Date: | Hits: 54
Md. Shamsul Hoque Vs. Md. Jabbar and another, 2011, 40 CLC (AD)
....s Suit No.44 of 1995 for declaration and partition against the present petitioner Md. Shamsul Hpque and others. The plaint case of the plaintiffs, in short, was that one Md. Chulai was the original owner of 2.07 acres of land as described in the schedule of the plaint. Md. Chulai acquired that lan......d. Abdul Wahhab Miah J Nazmun Ara Sultana J Syed Mahmud Hossain J Muhammad Imman Ali J Md. Shamsul Hoque…………………………………………Petitioner Vs. Md. Jabbar and another ………………………………….Respondent Order March 10, 2011. Resul......epare the paper book out of court in accordance with Rules. The order of stay granted earlier be extended till disposal of the appeal. Ed. This Case is also Reported in: VIII ADC (2011) 673. ..Category: Property Law | Date: | Hits: 76
Shaki Md. Shoaib and others Vs. Md. Kashem Ali Bhuiyan and others, 2011, 40 CLC (AD)
....ple's Republic of Bangladesh was also impleaded as defendant No.2 in view of the provisions of President's Order No.142 of 1972. 3. The plaint case, in short, was that defendant No.1 being the owner of the suit land offered the plaintiffs to purchase the same at a consideration of TK. 31,42,5...... (Civil) Present: Md. Muzammel Hossain J Surendra Kumar Sinha J Md. Abdul Wahhab Miah J Nazmun Ara Sultana J Syed Mahmud Hossain J Muhammad Imman Ali J Shaki Md. Shoaib and others…………………………….Petitioners Vs. Md. Kashem Ali Bhuiyan and others...... Court Division which shows that he has accepted the decree passed by the High Court Division. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: VIII ADC (2011) 668. ..Category: Property Law | Date: | Hits: 72
A. Rahman Lasker and other Vs. Abul Kalam and other, 2011, 40 CLC (HCD)
....dants praying for decree of declaration of title. Further case of the plaintiff as disclosed that the suit land originally recorded in S.A. Khatian No.1 as Government khas land. The previous original owners of suit plot no. 1020 settled 10.00 acres of land by way of settlement dakhilas in favour of ......ormation and necessary action. Ed. This Case is also Reported in: ...... granted at the time of issuance of Rule is hereby vacated. Send down a copy of this order to the Court below at-once for information and necessary action. Ed. This Case is also Reported in: ..Category: Administrative Law | Date: | Hits: 199
Aminul Islam Vs. S. M. Habib alias Dulal and others, 2011, 40 CLC (AD)
....book is dispensed with as prayed for Parties arc directed to maintain status quo as regards the possession till disposal of the appeal. Ed. This Case is also Reported in: VIII ADC (2011) 631. ...... J Nazmun Ara Sultana J Syed Mahmud Hossain J Muhammad Imman Ali J Aminul Islam…………………………………………………….Petitioner Vs. S. M. Habib alias Dulal and others……………….Respondent Order March 27, 2011. Result: Leave is granted......being a close relation of the plaintiff gave permission to plaintiff on his request to reside in the land in question and the plaintiff had been possessing the land in question as a mere permissive possessor and also as caretaker of Sarif Lokman Ahmed. That subsequently in the first part of 1982 S..Category: Property Law | Date: | Hits: 51
Zeenat Textile Mills Ltd. Vs. Chairman, Third Labour Court, Dhaka and another, 1991, 20 CLC (HCD)
.... him under section 17(3)(b) of the Employment of Labour (Standing Orders) Act. Mr. Syed Amirul Islam, on the other hand, submits that even temporary possession of any goods without the consent of the owner or a person who is entitled to possess it is an act of dishonesty and, therefore, misconduct u......nal Jurisdiction) Present: Qazi Shafiuddin J Mainur Reza Chowdhury J Zeenat Textile Mills Ltd. Tongi, Gazipur .................Petitioner Vs. The Chairman, Third Labour Court, Dhaka and another...........................Respondents Judgment October 29, 1991. Result: The R......d Labour Court, Dhaka in Complaint Case No.25 of 1984 to have been made without lawful authority and the same is of no legal effect. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 213. ..Category: Labour and Industrial Law | Date: | Hits: 172
Dulal Mia Vs. State, 1991, 20 CLC (HCD)
....ing the Pargan Bazar he was able to compel the truck‑driver to stop the truck. The truck driver accused Md. Dulal Mia and the helper accused Siraj Mia tried to escape when they were caught, but the owner of the goods accused Shamsul Huq alias Disco and another accused Tafazzal succeeded to run awa...... No. 266 of 1990. Judgment Muhammad Ansar Ali J.- These two appeals under section 30 of the Special Powers Act, one at the instance of accused Md. Dulal Mia being Criminal Appeal No.605 of 1989 and the other at the instance of accused Siraj Mia being Criminal Appeal No.266 of 1990 are directed......r, Sylhet till disposal of the case. We also direct expeditious trial of the case. Let the records of the case be sent down at once. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 209...Category: Criminal Law | Date: | Hits: 68
Narayan Chandra Banerjee alias Bandapadhya Vs. Md. Salek Ali Shaik, 1991, 20 CLC (HCD)
....ased the suit land measuring 63 decimals from the defendants for a consideration of Tk. 10,000.00 (taka ten thousand) only on 9.9.78. Subsequently, on scrutiny, it transpired that the defendants were owner to the extent of 1/4th share only of the suit land. Accordingly, it was found that the plainti......nal stage. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 202. ...... aside and the decree of the trial Court is hereby restored. There will, however, be no order as to cost at this revisional stage. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 202. ..Category: Civil Law | Date: | Hits: 76
Halima Bibi Vs. The Chairman & another, 1992, 21 CLC (HCD)
....is annexed hereto and marked as Annexure 'C' to the petition. After purchase of the same property Syed Mosaheb Ali mutated his name in the Revenue Records of the Govt. and in the Municipal records as owner thereof. He also paid rents and levies. Photostat certified copies of mutated SA Khatian and M......h, 27 DLR 170 & 30 DLR (AD) 101. Lawyers Involved: Habibul Islam Bhuiyan with MA Wahab Mia & Abul Hashem, Advocates ‑ For the Petitioner. Fakrul Islam, Assistant Attorney‑General and Dr. Delwar Hossain, AAG ‑ For the Respondent No.2. Writ Petition No.276 of 1987. Judgmen......o legal effect. The property in question stands excluded from the list of abandoned property. We, however, make no order as to cost. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 197...Category: Property Law | Date: | Hits: 64
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