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Chairman, Rajdhani Unnayan Kartripakkha (RAJUK) Vs. A Rouf Chowdhury and others, 2007, 36 CLC (AD)

..../১২০ স্থাঃ dated 26-9-1999 Annexure-'F', 'K' and 'L' respectively to the writ petitions. 11. In the writ petition, it is stated, inter alia, that the writ-petitioners are owners in possession of CS Plot No. 52 and 159 comprising of Municipal Holding Nos. 113-116, Airport Road, Tej......ct, 1952, briefly, the Act. On getting the sanction, the writ-petitioners started construction as per sanctioned plan. As the construction involved huge money, the writ petitioners mortgaged the said land to a bank and took loan. Out of 22 floors 16 floors with the foundation for the sanctioned 22-s......art without any order as to costs. Ed. This Case is also Reported in: 61 DLR (AD) (2009) 28. ......fidavit, the writ-petitioners also annexed copies of photographs of about eleven high-rise building situated in and around the Tejgaon Airport. It was also asserted that Rangs Bhaban, the building in question, is out of the funnel and far away from the approach road of the airport. They also asserte..

Category: Property Law | Date: 2 Aug, 2007 | Hits: 114

Abdul Majid (Md.) Vs. State, 2007, 36 CLC (HCD)

....ith if not wanted in connection with any other case. Lower Court's record be sent down at once with a copy of the Judgment. Ed. This Case is also Reported in: 13 BLC (HCD) (2008) 52. ......ith if not wanted in connection with any other case. Lower Court's record be sent down at once with a copy of the Judgment. Ed. This Case is also Reported in: 13 BLC (HCD) (2008) 52. ....... Lower Court's record be sent down at once with a copy of the Judgment. Ed. This Case is also Reported in: 13 BLC (HCD) (2008) 52. ...... accused Majid. This witness further admitted that Yeasin did not state to him that informant Khodeza told him that accused Majid entered into her hut by cutting thatched fencing. In reply to another question by the defence, this witness admitted that he did not show in his sketch map that the fence..

Category: Women and Children | Date: 24 Jul, 2007 | Hits: 159

Birendra Kishore Ghose @ Gopal Krishna Ghosh Vs. Government of Bangladesh and others, 2007, 36 CLC (HCD)

....me por­tion of the disputed land in favour of the plain­tiff to run his family and accordingly the fa­ther of the plaintiff has transferred some property by way of gift deed and handed over the possession. Since than the plaintiff was in possession living separately from his father and other ......­pendently, separated from his father. The short facts relevant for disposal of this appeal is that the suit property originally belonged to Rabindra Lal Ghosh the father of the plaintiff and the land contained mostly is a grazing land and in some portion of the suit land they are possessing by......once. Ed. This Case is also Reported in: 28 BLD (HCD) (2008) 498. ......the appeal. Consequently the appeal is dismissed without any order to cost. Send down the lower court records at once. Ed. This Case is also Reported in: 28 BLD (HCD) (2008) 498. ..

Category: Property Law | Date: 7 Jun, 2007 | Hits: 6

Shaikh Md. Mahmud Hossain and others Vs. Md. Abdur Razzaque and others, 2007, 36 CLC (HCD)

.... petitioners as plaintiffs instituted Title Suit No.79 of 1986 on 19.06.1986 in the Court of the Assistant Judge, Shyam Nagar Upazilla, District, Satkhira for declaration of Title and confirmation of possession in the suit lands and for permanent injunction restraining the Opposite parties Defendant......ffs instituted Title Suit No.79 of 1986 on 19.06.1986 in the Court of the Assistant Judge, Shyam Nagar Upazilla, District, Satkhira for declaration of Title and confirmation of possession in the suit lands and for permanent injunction restraining the Opposite parties Defendants from raising any cons......ce. Ed. This Case is also Reported in: 13 MLR (HCD) (2008) 177. ......Satkhira in reversing the judgment and decree dated 26.9.1989 in Title Suit No.79 of 1986 passed by the Assistant Judge, Upazilla Shyam Nagar, District Satkhira dismissing the suit has been called in question. 2. Facts relevant for the purpose of disposal of the rule in short, are that the petiti..

Category: Property Law | Date: 6 Jun, 2007 | Hits: 27

Roni Ahmed Liton @ Liton Ahmed Roni Vs. State, 2007, 36 CLC (HCD)

.... in any other case. Send down the LCR along with copy of the judgment expeditiously. Ed. This Case is also Reported in:  61 DLR (HCD) (2009) 147,29 BLD (HCD) (2009) 386.  ......ar Kandi and she was tortured by co-accused. It is further stated that a salish was held to compromise the matter and it was settled that the accused will pay 60,000 as dowry and also give 5 Kedar of land, but the terms of compromise was not complied with fully. Hence this case. 4. SI Niranjit ......the judgment expeditiously. Ed. This Case is also Reported in:  61 DLR (HCD) (2009) 147,29 BLD (HCD) (2009) 386.  ......heir wedlock and that the victim has been living in accused house happily. In order to substantiate the prosecution case, the prosecution has examined as many as 16 witnesses. The pertinent question for determination is, whether the accused Roni Ahmed Liton @ Liton Ahmed Roni abducted the ..

Category: Women and Children | Date: 3 Jun, 2007 | Hits: 14

Al-Haj Abdul Maleque Gazi Vs. Government of Bangladesh, 2007, 36 CLC (HCD)

....d was Naida Bashi Chowkidar, from whom 15 decimals land was purchased by Ibrahim Gazi, Soleman Gazi, Mohammad Gazi, and Manu Gazi. According to the family settlement, Mohammad Gazi obtained exclusive possession of entire .15 decimals of land of Plot No.893 and constructed 2(two) tin shed house and a......ld not be declared to have been made malafide, without any lawful authority and is of no legal effect. 2. The petitioner challenged the legality and validity of acquisition of his home­stead land (in part) in L.A. Case No.1 of 95-9o (Annexure-‘A’) 3. The short facts of the ......e is therefore, discharged without any order as to costs. Ed. This Case is also Reported in: 13 MLR (HCD) (2008) 184. ...... has been annexed as annexure-"C" series are created documents by the petitioner and the decision can not be taken on the basis of such documents. He further submits that there are disputed question of facts in the instant writ petition. He further submits that annexure- 'A' which ..

Category: Evidence Law | Date: 3 Jun, 2007 | Hits: 10

State Vs. Yeasin Khan Palash, 2007, 36 CLC (HCD)

.... the Code of Criminal Procedure is rejected. Let a copy of the judgment along with the Lower Court's record be sent down at once. Ed. This Case is also Reported in: 27 BLD (HCD) (2007) 469. ...... the Code of Criminal Procedure is rejected. Let a copy of the judgment along with the Lower Court's record be sent down at once. Ed. This Case is also Reported in: 27 BLD (HCD) (2007) 469. ...... Let a copy of the judgment along with the Lower Court's record be sent down at once. Ed. This Case is also Reported in: 27 BLD (HCD) (2007) 469. ......at the appellant Abdul Mannan alias Milon is guilty under sections 302/34 of the Penal Code and awarded death sentence relying on inconsistent testimony of the so-called eye witnesses as well as very questionable statement of convict Kala Polas recorded in Audio Cassette "Ext. IV". The learned Advoc..

Category: Criminal Law | Date: 3 Jun, 2007 | Hits: 20

State Vs. Monir Hossain & another persons, 2007, 36 CLC (HCD)

....ourt below, District Magistrate, Manikganj and Superintendent of Police, Manikganj at once for information and necessary action. Ed. This Case is also Reported in: 65 DLR (HCD) (2013) 455 ......ourt below, District Magistrate, Manikganj and Superintendent of Police, Manikganj at once for information and necessary action. Ed. This Case is also Reported in: 65 DLR (HCD) (2013) 455 ......rintendent of Police, Manikganj at once for information and necessary action. Ed. This Case is also Reported in: 65 DLR (HCD) (2013) 455 ......eceived 14 bleeding injuries on his person including 3 injuries on the vital part of the body like head exposing grey materials there which can easily be considered as diabolical one as such even the question of commutation of sentence of death to imprisonment for life does not also arise. The learn..

Category: Criminal Law | Date: 27 May, 2007 | Hits: 5

Shamsur Rahman Khalifa Vs. Jagodish Chandra and Others, 2007, 36 CLC (HCD)

....allowed the Miscellaneous Case and allowed the prayer for redemption of the suit land. That order was void, illegal, without jurisdiction and not binding upon the plaintiff. The plaintiff has been in possession in the suit land through Bargadar. The defendant Nos. 1-4 threatened the plaintiff with d...... those dated 17-1-1999 passed by the learned Assist ant Judge, Chitalmari, Bagerhat in Title Suit No.217 of 1985 dismissing the suit. 2. Facts relevant for disposal of the Rule are that the suit land belonged to defendant Nos. 6 and 7 who sold the suit land by a Kabala dated 16-11-1959 in favou......d in: 13 BLC (HCD) (2008) 873. ......on the plaintiff. The plaintiff has been in possession in the suit land through Bargadar. The defendant Nos. 1-4 threatened the plaintiff with dispossession on 28-8-83 on the strength of the order in question dated 16-8-83 passed by the CO (Revenue) and, as such, the suit. 3. The defendants Nos..

Category: Property Law | Date: 27 May, 2007 | Hits: 9

Bangladesh Vs. Chairman, First Court of Settlement and another, 2007, 36 CLC (HCD)

....ent No. 2, contested the case before the Court of Settlement, contending, inter alia, that the case property was leased out to Esamul by a registered lease deed dated 11-8-1961. He was although in possession of the case property. He died on 19-10-1974 leaving behind 4 sons and 3 daughters as hei......t. The order of stay granted earlier by this Court stands vacated. Send down the record to the concerned Court. Ed. This Case is also Reported in: 61 DLR (HCD) (2009) 153. ......ated. Send down the record to the concerned Court. Ed. This Case is also Reported in: 61 DLR (HCD) (2009) 153. ......ubmissions advanced by the learned Counsels, we have gone through the writ petition as well as the other materials on record and given our anxious consideration to their submissions. Now, the question which calls for our consideration is, whether, the Court of Settlement rightly excluded th..

Category: Property Law | Date: 6 May, 2007 | Hits: 5

Mohan Meah Vs. Dhaka City Corporation Mayour, Dhaka, 2007, 36 CLC (HCD)

....to him. He further submits that the petitioner was allotted shop No.D-53 as the Dhaka City Corporation had received salami money from him but the petitioner has refused to accept the same and take possession of the same by paying the balance money. He, there­fore, submits that this Writ Petitio......on of the Corporation. With the above observation, this Rule is disposed off. There will be no order as to costs. Ed. This Case is also Reported in: 13 BLC (HCD) (2008) 927. ......is disposed off. There will be no order as to costs. Ed. This Case is also Reported in: 13 BLC (HCD) (2008) 927. ......on of the Corporation. With the above observation, this Rule is disposed off. There will be no order as to costs. Ed. This Case is also Reported in: 13 BLC (HCD) (2008) 927. ..

Category: Civil Law | Date: 29 Apr, 2007 | Hits: 2

Dominous Pizza and others Vs. Domino's Pizza Inc., 2007, 36 CLC (HCD)

.... The office is directed to send a copy of this Court to the concerned Court positively within a period of 60 days from date. Ed. This Case is also Reported in: 61 DLR (HCD) (2009) 780. ...... The office is directed to send a copy of this Court to the concerned Court positively within a period of 60 days from date. Ed. This Case is also Reported in: 61 DLR (HCD) (2009) 780. ......ate. Ed. This Case is also Reported in: 61 DLR (HCD) (2009) 780. ...... the plaint is appropriate in a passing off action under section 20(2) and the suit is not hit by section 73 of the Trade Marks Act. In the said decision it has been further held that, "the main question in a passing off case is, whether the defendants is passing off his goods as the goods of t..

Category: Intellectual Property Law | Date: 26 Apr, 2007 | Hits: 91

Tabibullah and others Vs. Bangladesh and others, 2007, 36 CLC (HCD)

....contained in Memo No. 1107 dated 3-10-1984 issued by Sub-Divisional Engineer, PWD Tejgaon Industrial Area, Tejgaon, Dhaka, First opposite party of Civil Revision Case directing plaintiff to hand over possession of suit property mentioned in schedule to the plaint, within seven days from the date of ......In Waliullah Munshi Vs. Lodu Mia Patwary, 38 DLR (AD) 308 it has been stated: "It may be necessary to point out that the lessee may have more reasons or urgency to protect his interest in the suit land than the lesson. The interest of lesser and lessee may not always be the same so as to hold tha......Vs. Lodu Mia Patwary, 38 DLR (AD) 308; Bashir Ahmed Vs. Ghulam Ali, 1991 SCMR 1656; Babor Ali Pramanik Vs. Mesar Ali Pramanik, 1994 BLD (AD) 235 = 45 DLR (AD) 120. Lawyers Involved: Md. Nurul Amin with AKM Shahidul Huq and Md. Aminul Ehsan, Advocates — For the Petitioners. Md. Abdullah, A...... have been joined, whether as plaintiff or defendant, or whose presence before the Court may be necessary in order to enable the Court effectually and completely to adjudicate upon and settle all the questions involved in the suit, be added. 6. A plain reading of the provisions engrafted in sub-r..

Category: Procedural Law | Date: 4 Apr, 2007 | Hits: 32

Arab Bangladesh Bank Limited, Motijheel Branch, Dhaka Vs. The Artha Rin Adalat and others, 2007, 36 CLC (HCD)

....the property is not sold under the aforesaid provisions on either of the two oc­casions then under section 33(5) the Adalat is under legal obligation to vest the property to the decree holder for possession and enjoyment until the decree holder's claim is fully satisfied by selling the prope...... the facts and circumstances chronologically. 2. In Writ Petition No.3016 of 2004, Rule has been obtained by Arab Bangladesh Bank, a financial institution incorporated un­der the laws of the land, calling upon the re­spondent No.1 i.e. the Judge, Artha Rin Adalat No.3, Dhaka "to sh......made absolute. There will be no order as to costs. Ed. This Case is also Reported in: 29 BLD (HCD) (2009) 284.   ......asers (respondent Nos.5 and 6 of Writ Petition No.3016 of 2004) contested the Rule in Writ Peti­tion No.3016 of 2004 by filing Affidavit-in-opposition contending, inter alia, that the property in question has been sold in auction earlier pursuant to order passed in Execution Case No.126 of 2000 ..

Category: Banking Law | Date: 12 Mar, 2007 | Hits: 6

Most. Azmiri Begum and others Vs. Government of Bangladesh and others, 2007, 36 CLC (HCD)

....he petitioners as one son inherited 7/20 share equivalent to 0.00684 acres in the inherited share of Seraj Mia through father. Thus Amir Hossain, the predecessor of the petitioners became owner in possession of 0.0234 acres by purchase and 0.00684 acres by inheritance from father total being 0.0......2002 contending, inter alia, that the husband of the petitioner No.1 and father of writ petitioner Nos.2-9, late Amir Hossain and his brother Sheikh Seraj Mia jointly purchased total 0.35 acres of land by registered sale deed No.2881 dated 22.06.45 appertaining to C.S. Plot Nos.96, 97.and 98 of M......rvey Tejgaon, Dhaka for information and necessary action. Ed. This Case is also Reported in: 17 MLR (HCD) (2012) 400. ......iable to be set aside. 20. We have heard the learned Advocates of both the parties and perused the writ petitions with the Annexures thereof and the Affidavit-in-opposition. 21. The moot question arises in the instant two writ petitions are that as to whether repeated appeal (2nd time ..

Category: Property Law | Date: 7 Mar, 2007 | Hits: 10

Safazuddin and another Vs. State, 2007, 36 CLC (HCD)

....ond furnished by him stands discharged/cancelled. Lower Court Records be sent down at once. Ed. This Case is also Reported in: 27 BLD (HCD) (2007) 321, 13 BLC (HCD) (2008) 271. ......ence of accused's connection with the crime. 9. The proposition of law enunciated by Superior Courts on the subject may profitably be adverted to. 10. Lord Reading, Lord Chief Justice of England in the King Vs. Baskerville (1916) 2 KB 653 observed: The rule, which according to the ca...... Lower Court Records be sent down at once. Ed. This Case is also Reported in: 27 BLD (HCD) (2007) 321, 13 BLC (HCD) (2008) 271. ......a sexual offence, coupled with other circumstances appearing in the case such, for example, as its demeanors, unlikelihood of tutoring and so forth, may render corroboration unnecessary but that is a question of fact in every case. The only rule of law is that this rule of prudence must be present t..

Category: Women and Children | Date: 28 Feb, 2007 | Hits: 75

Md. Afazuddin Vs. Md. Ataur Rahman & another, 2007, 36 CLC (AD)

....ipt of the summons of Title Suit No. 737 of 1985 of the 2nd Court of Munsif (now Assistant Judge), Dhaka, the plaintiff learnt that the defendant No.1 as plaintiff filed the suit for recovery of khas possession of 1/3rd katha of land of Plot No.219 of Khatian No.6, of Mouza Ibrahimpur, P.S. Dhaka Ca......uit No. 737 of 1985 of the 2nd Court of Munsif (now Assistant Judge), Dhaka, the plaintiff learnt that the defendant No.1 as plaintiff filed the suit for recovery of khas possession of 1/3rd katha of land of Plot No.219 of Khatian No.6, of Mouza Ibrahimpur, P.S. Dhaka Cantonment, Dhaka against him a......hree) months from the date of re­ceipt of the copy of the judgment. Ed. This Case is also Reported in: ......e amount within time fixed by the court, the suit shall stand dismissed. The rule issued in Civil Revision No.3536 of 1999 was discharged. 7. It transpires from the record that the bainapatra in question was executed on 19.02.1985 and Title Suit No. 562 of 1985 subsequently renum..

Category: Contract Law | Date: 7 Feb, 2007 | Hits: 272

Ful Miah & others Vs. State, 2007, 36 CLC (HCD)

....were recovered from the dacoits. They proved their signatures in the seizure list. 5. In Cross-examination P.W.3 stated that the police told him that they recovered the arm and ammunition from the possession of the accused persons. 6. P.W.5 corroborated the testimony of P.W.1 in material parti......odification of sentence. The connected Rule is also discharged with the modification as above. Send down the lower Court records. Ed. This Case is also Reported in: 15 BLT (HCD) (2007) 322. ...... also discharged with the modification as above. Send down the lower Court records. Ed. This Case is also Reported in: 15 BLT (HCD) (2007) 322. ......at a kiris is not included in the definition of the 'arms' under the Arms Act. We also noticed that except Ful Miah, no firearm was recovered from the possession of the other accused persons. Now the question is whether the conviction of all the accused persons under section 19A of the Arms Act and ..

Category: Criminal Law | Date: 25 Jan, 2007 | Hits: 26

Hafizuddin and another Vs. Moherjan & Others, 2007, 36 CLC (HCD)

....nj, is directed to dispose of the other class suit as expeditiously as possible after notifying all the concerned parties. Ed. This Case is also Reported in: 15 BLT (HCD) (2007) 88. ......nj, is directed to dispose of the other class suit as expeditiously as possible after notifying all the concerned parties. Ed. This Case is also Reported in: 15 BLT (HCD) (2007) 88. ......rned parties. Ed. This Case is also Reported in: 15 BLT (HCD) (2007) 88. ...... on their very first day of appearance in the said Court at Birganj. Besides he submitted that since the sole plaintiff died on 28.9.1984 the petition for substitution was well within 90 days, the question of abatement of the suit did not arise, as such, the learned Judge wrongly and erroneously..

Category: Procedural Law | Date: 16 Jan, 2007 | Hits: 3

State Vs. Md. Abdul Gofur, 2006, 35 CLC (HCD)

....general Cell of other under trial prisoners. Send down the L.C.Rs. along with a copy of the judgment to the Court below at Ed. This Case is also Reported in: 26 BLD (HCD) (2007) 665. ......general Cell of other under trial prisoners. Send down the L.C.Rs. along with a copy of the judgment to the Court below at Ed. This Case is also Reported in: 26 BLD (HCD) (2007) 665. ......end down the L.C.Rs. along with a copy of the judgment to the Court below at Ed. This Case is also Reported in: 26 BLD (HCD) (2007) 665. ......g case under section 302 of the Penal Code and not under Nari-O-Shishu Nirjaton Damon Ain, 2000. 35. In view of the above submissions made by the learned Advocates, let us at first deal with the question as to whether the con­demned prisoner is prejudiced due to the al­leged last moment..

Category: Criminal Law | Date: 19 Oct, 2006 | Hits: 6