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Anwar Ali (Md) Vs. Chairman, Rajdhani UnnaÂyan Kartipakha (RAJUK) & others, 1991, 20 CLC (HCD)
.... Act. 1952 which are as follows: "3. Restriction on construction of building and excavation of tank.- (1) Notwithstanding anything contained in any other law for the time being in force, or in any agreement, no person shall, without the previous sanction of an Authorised Officer, construct or rec......‑For the Respondent Nos.1‑2. HR Sharif ‑For the Respondent Nos.6‑14. Writ Petition No. 225 of 1989. Judgment Mainur Reza Chowdhury J.- This Rule Nisi was issued on the respondents to show cause why the notice dated 26.12.88 (Annexure‑F) issued by the Authorised Officer, Rajdhan......uthority. In the result, the Rule is discharged but without any order as to costs. The stay order passed by this court is vacated. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 515. ..Category: Property Law | Date: | Hits: 92
Rezaul Karim Vs. Jahanara Begum, 1991, 20 CLC (HCD)
.... in technical matter in Electronics from UK and took lease of shop No.7 in a building known as "J and J Mansion" situated at 2, Dhanmondi Residential Area, Road No.13, Dhaka on the basis of a written agreement dated 1‑5‑81 for a period of 20 years at the initial rent of Tk. Â1,000.00 per month ......, Dhaka rejecting the Petition dated 10.4.90 filed under section 151 CPC praying for an analogous trial of both the Title Suit Nos.365 of 1988 and Title Suit No.62 of 1990. 2. Facts giving rise to this Rule may briefly be put thus: Defendant‑petitioner Rezaul Karim Obtained a higher de......eipt of this order by the trial court. In the result, the Rule is disposed of as indicated above. I make no order as to cost. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 508...Category: Property Law | Date: | Hits: 112
Duree Shahwar Begum Vs. Ali Ahmed Patwari, 1995, 24 CLC (HCD)
....ty and she used to live with her said mother having no means of her own; that the defendant's sons purchased 6 kathas of land from the said Meherunnessa Begum and paid Taka 1,00,000.00 on the date of agreement for sale of 61‑Purana Paltan holding and promised to pay Taka 8,00,000.00 after executio......um………………………Petitioner Vs. Ali Ahmed Patwari………………………Opposite Party Judgment April 24, 1995. Result: The Rule is made absolute. Cases Referred to- Kokarmal Gurudayal Vs. Sagarmal Bengani, AIR 1972 (Calcutta) 430; Mohan Lal Vs. Om Prakash, A......ication under Order 37 rule 4 CPC after re‑hearing. Communicate this order and send down the records to the Court below at once. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 222. ..Category: Procedural Law | Date: | Hits: 125
Begum Shirin Akhtar Vs. Bangladesh House Building Finance Corporation and others, 2010, 39 CLC (HCD)
....earned judge can disposed of the cases without taking any further step. Send down the lower record. Communicate this order at once. Ed. This Case is also Reported in: 16 BLC (HCD) (2011) 1. ......gum Shirin Akhtar.................Petitioner Vs. Bangladesh House Building Finance Corporation and others...............Opposite Party Judgment June 7, 2010. Result: Cases Referred to- Bangladesh House Building Finance Corporation Vs. Jahan Ara Akhter, 49 DLR (AD) 80; 47 DLR 15......ent of the loan in full if there be any default in payment of loan and for some other breaches of terms of the conditions in obtaining the loan and further empower the Corporation under Article 26 of sell any property pledged, mortgaged etc. So far as I see PO 7 of 1973 is beneficial to any citizen ..Category: Civil Law | Date: | Hits: 198
Abdus Samad Khan & others Vs. Wazed Ali Fakir & others, 1992, 21 CLC (HCD)
....utating their names in the RS Khatian and record of right and they were in peaceful possession therein of for more than 12 years. Thereafter, the said pro forma defendants Nos.7 and 8 entered into an agreement to sell the said land at a consideration of Tk. 24,000.00 to the plaintiffs on 28.1.76 cor......and. The respondent Nos.1‑3 as plaintiffs filed the said Title Suit against the appellants and some others for declaration of their title in suit land measuring 1.26 acres described in the schedule to the plaint. 2. The case of the plaintiffs, inter alia, is that the suit land originally bel...... names in the RS Khatian and record of right and they were in peaceful possession therein of for more than 12 years. Thereafter, the said pro forma defendants Nos.7 and 8 entered into an agreement to sell the said land at a consideration of Tk. 24,000.00 to the plaintiffs on 28.1.76 corresponding to..Category: Property Law | Date: | Hits: 154
Abdul Quddus Vs. Government of Bangladesh, 1990, 19 CLC (HCD)
....t of Bangladesh by a letter dated 12.4.84 offered to sell the said holding to the Petitioner as a legal occupier at a price of Tk. 1,29,654.00. The offer to sell was accepted by the petitioner and an agreement to sell the said holding for Tk. 1,29,654.00 was signed on 19.5.85 and the petitioner paid...................Petitioner Vs. Government of Bangladesh.......................Respondents Judgment June 27, 1990. Result: The Rule is discharged. Cases Referred to- Government of Bangladesh Vs. MS Ispahani, 40 DLR (AD) 116; Mukhter Ahmed Vs. Government of...... 18,512.50 for the period 1.1.72 to 30.4.84. 3. The Respondent No.2, Senior Section Officer, Section XII, Ministry of Public Works, Government of Bangladesh by a letter dated 12.4.84 offered to sell the said holding to the Petitioner as a legal occupier at a price of Tk. 1,29,654.00. The offer..Category: Property Law | Date: | Hits: 158
Amir Hossain Farhad Vs. Dr. A Mannan, 1991, 20 CLC (HCD)
....nd circumstances of the case. We, therefore, find nothing to interfere with the impugned order and accordingly discharge the Rule. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 401. ......Hoque J Amir Hossain Farhad……………Petitioner Vs. Dr. A Mannan……………..Opposite Party Judgment December 15, 1991. Result: The Rule is discharged. Case Referred to- Abdul Hamid Vs. State, 33 DLR 399. Lawyers Involved: Yusuf Hossain Humayun with Abdul Q......attached land and the said borga cultivators cut and took away paddy from 43 acres of land out of 205 acres of land leased out and paddy from 5 acres of land was stolen and the Magistrate directed to sell 50% of the paddy of 157 acres of land on 10. 12.88 and accordingly the same was sold to the hig..Category: Others | Date: | Hits: 172
Rafique‑Ul Huq Vs. Bangladesh and others, 1992, 21 CLC (HCD)
....by 30.10.89. 5. The petitioner filed an affidavit‑in‑reply contending that there was nothing illegal in the memorandum of understanding dated 22.9.90 and the petitioner was not a party to that agreement but he merely witnessed the same as the Legal Adviser of Beximco with the Legal Adviser of......by the Secretary, Ministry of Home Affairs, Bangladesh Secretariat, Dhaka and others ………..Respondents Judgment February 17, 1992. Result: The Rule is made absolute. Case Referred to- Syed Mokbul Hossain Vs. Government of Bangladesh & ors. 44 DLR 39. Lawyers Involved: ......irecting the petitioner to submit his passport is declared to have been made without any lawful authority and it has no legal effect. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 398. ..Category: Business or Commercial Law | Date: | Hits: 601
Nowsher Ali & others Vs. State, 1986, 15 CLC (HCD)
....xtenuating circumstance for imposing a lesser senÂtence of transportation for life. A delay of one year or so cannot, however, be treated as an extremely excessive delay." 18. We are entirely in agreement with obÂservation of his Lordship A.T.M. Masued (J). In the case of State Vs. Nawab Ali B................................Appellants Vs. The State............................................Respondent Judgment May 11, 1986. Result: The appeals are dismissed. Cases Referred to- 13 DLR page 64; 27 DLR page 7; 37 DLR page 33; State Vs. Puhardhar Joydhar (31 DLR page 312);......pheld and reference is accepted. Sentence of death passed on each appellant is merely confirmed. Mohammad Sohrab Ali J. - I agree. Ed. This Case is also Reported in: 39 DLR (HCD) (1987) 57. ..Category: Criminal Law | Date: | Hits: 134
Noor Jamal Vs. State and another, 2009, 38 CLC (HCD)
....n Magistrate, Dhaka being CR Case No.2684 of 2005 alleging, inter alia, that the petitioner Messrs Meghna Food Products represented by its Proprietor Md. Noor Jamal had entered into a lease financing agreement being agreement No. PLC/E1-51/2003 dated 06-10-2003 with the complainant Phonix Leasing Co......…………………………Petitioner Vs. State and another……………………..Opposite parties Judgment August 18, 2009. Result: The Rule is discharged. Cases Referred to- Nizamuddin Mahmood Vs. Abdul Hamid Bhuiyan, 60 DLR (AD) 195; Ali Akkas Vs. Enayet Hossain, 17......etropolitan Assistant Sessions Judge, 5th Court, Dhaka should not be quashed. The order of stay granted earlier shall stand vacated. Ed. This Case is also Reported in: 63 DLR (HCD) (2011) 531...Category: Criminal Law | Date: | Hits: 103
Md. Abul Boshar Vs. Minakhi Begum & others, 2011, 40 CLC (HCD)
.... being Civil Rule No.773 (F) of 2007 is discharged. Let a copy of the judgment along with lower Court's record be sent down at once. Ed. This Case is also Reported in: 63 DLR (HCD) (2011) 519.......…Plaintiff-Appellant Vs. Minakhi Begum & others………………………….Defendant-Respondents Judgment March 10, 2011. Result: The appeal is dismissed. Cases Referred to- 2 MLR (AD) 215; 57 DLR (AD) 39; 20 BLD (AD) 187; 43 DLR 360; 4 BLC (AD) 193; 5 BLD (AD) 51. ......formance of conÂtract impleading the defendant No.1, Minakhi Begum and two others. The case of the plaintiff is that defendant No.1, Minakhi Begum entered into a contract with plaintiff-appellant to sell her property under Mouza- Uttar Hali Shahar, District-Chittagong at a consideration of 8,07,000..Category: Property Law | Date: | Hits: 105
....ot arbitrarily.
In the result, this Rule is discharged but without any order as to costs.
Anwarul Hoque Chowdhury J.- I agree.
Ed.
This Case is also Reported in: 39 DLR (HCD) (1987) 122.
......¦â€¦â€¦Respondents
Judgment
July 20, 1986.
Result:
The Rule is discharged.
Lawyers Involved:
Mainul Hosein with Joynul Abedin, Advocates - For the petitioners.
M.M. Huq, Deputy Attorney General with M. Delwar Hossain, Assistant Attorney General - For the Respondent No.1.
Md. ......ticle 4 of P.O. 27 of 1972 has provided for vesting of all scheduled industrial enterprises free from all encumbrances whatsoever: clause-2 of Article 4 has made provision to enable the Government to sell or transfer any industrial enterprise or its share or ownership to any parson; clause-3 of Arti..
Category: Company Law | Date: | Hits: 162
Manoo Meah Vs. Sultan Ahmed Khan, 1984, 13 CLC (HCD)
....he appellant does not appear when the appeal is called on for hearing, the Court may either adÂjourn it or dismiss it for default but it has no power to dismiss the appeal on meÂrits. In respectful agreement with the view expressed in the above decision, I also hold that when the appellant or his ......Meah…………………………Petitioner Vs. Sultan Ahmed Khan……………………Opposite Party Judgment April 19, 1984. Result: The Rule is discharged. Cases Referred to- Taher Sheikh Chowkidar and others Vs. Otaruddi Howlader and others, AIR 1929 Cal. 475; Digend......out so as to attract the revisional jurisÂdiction of this Court. The Rule is accordingly discharged without any order as to costs. Ed. This Case is also Reported in: 39 DLR (HCD) (1987) 119...Category: Procedural Law | Date: | Hits: 116
Mrs. Saleha Khatoon Vs. State, 1984, 13 CLC (HCD)
.... a case of no evidence. In this view of the matter his lordship disÂcharged the Rule and the learned Special Judge was directed to proceed with the trial expeditiously. 14. We are in complete agreement with the views of his Lordship Mr. A.T.M. Afzal and Mr. Mohammad Habibur Rahman J. as in T......ed in: 39 DLR (HCD) (1987) 109.......ceed in accordance with law and concluded expeditiously. Send down the records at once. Abdul Matin Khan Chowdhury J. - I agree. Ed. This Case is also Reported in: 39 DLR (HCD) (1987) 109...Category: Criminal Law | Date: | Hits: 117
Siraj Mia (Md.) Vs. Nasima Akhter and another, 2002, 31 CLC (HCD)
....een duly proved. 8. However regarding default of payment of money within 2 months, in the case of Ram Chandra Das Vs. Khalilur Rahman and another 1985 BLD (AD) 41, it has been held that in case of agreement of sale of immovable property, time is not the essence of the contract and court ordinaril.......................Appellant Vs. Nasima Akhter and another......................................Respondents Judgment January 21, 2002. Result: The appeal is allowed. Cases Referred to- Ram Chandra Das Vs. Khalilur Rahman and another, 1985 BLD (AD) 41=37 DLR (AD) 21. Lawyers......ntract stating, inter alia, that the defendant No.1 got the suit land from her father by a deed of heba-bil-ewaz dated 15Â-12‑80 and while in possession she, being in need of cash money, agreed to sell the suit land to the plaintiff at the highest market price and then the price of the land was f..Category: Property Law | Date: | Hits: 104
Shahr Banoo Mohsin Asgar and another Vs. Lailun Nahar Ershad and others, 1991, 20 CLC (HCD)
....erformance of a contract for sale of 13 kathas of land including a two storied building at 3, New Bailey Road, Dhaka on the allegations that petitioner No.1 being the owner of the holding executed an agreement dated 15.8.71 for sale of the same to him at a consideration of Tk. 1,00,000.00 and do in ......¦â€¦â€¦Petitioners Vs. Lailun Nahar Ershad and others……………Opposite Parties Judgment July 9, 1991. Result: The Rule is made absolute. Cases Referred to- Abdul Aziz Vs. Abani Mohan, 30 DLR (SC) 221; Mofazzal Molla and another Vs. Parul Bala Deb...... do application on merit. There shall, however, be no order as to costs. Let a copy of this order be sent down expeditiously. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 552...Category: Procedural Law | Date: | Hits: 130
Wing Commander M Hamidullah Khan Bir Protik Vs. Bangladesh and others, 2011, 40 CLC (HCD)
....(ii) of Constitution of the People's Republic of Bangladesh. 4. Mr. AKM Fakhrul Islam appearing on behalf of the petitioner submits that the very release of 195 Prisoners of War under "tripartite agreement" signed on 9th April, 1974, popularly known as the Delhi Agreement on the plea of clemency......udgment November 2, 2010. February 2, 2011. Result: The writ petition is rejected. Lawyers Involved: AKM Fakhrul Islam, Advocate - For the Petitioner Abdus Salam Mondal, Deputy Attorney General with Amatun Karim, Assistant Attorney General - For Respondents. Siddiqur Rahman ...... against the petitioner, if he is so advised. In the facts and circumstances above, the instant writ petition is rejected summarily. Ed. This Case is also Reported in: 63 DLR (HCD) (2011) 491...Category: Constitutional Law | Date: | Hits: 314
Babu Khan Vs. State, 2003, 32 CLC (HCD)
....nted by the court and the trial Court must ensure that it has been done before the commencement of the trial or, else the trial and the resultant conviction and sentence would be vitiated." 8. In agreement with the principles of law laid down above and in consonance with section 340 of the Code ......ppellant Vs. State.......................................................................Opposite Party Judgment June 30, 2003. Result: The petition is dispose of. Cases Referred to- State Vs. Imdad Ali Bepary, 36 DLR 333; Mobarak Ali (Md.) alias Mobarak Ali Mondal Vs. People......ial Court. Send down the Lower Court Records at once. The trial Court is directed to dispose of the case with utmost expedition. Ed. This Case is also Reported in: 55 DLR (HCD) (2003) 547...Category: Criminal Law | Date: | Hits: 123
GSH Jamal Vs. Surraiya Jabeen and others, 2010, 39 CLC (HCD)
....andover the vacant possession of the same to the plaintiff landlord within 30 days. 2. The predecessor of the plaintiff-landlords and the predecessor of the defendant tenant entered into two lease agreements in respect of the suit premises on 12-1-1988 upon creating a monthly tenÂancy in the sui......€¦â€¦Defendant-Appellant Vs. Surraiya Jabeen and others……………………Plaintiff-Respondents Judgment June 10, 2010. Result: The appeal is allowed in part. Cases Referred to- Maria Keshi D' Rozaria Vs. Hassan Movies Ltd., 41 DLR (AD) 35; Kalu Mondal Vs. Begum Fazilatu......9 is hereby discharged. The ad interim order granted earlier in the Rule is also vacated. Send down the lower Court records at once. Ed. This Case is also Reported in: 63 DLR (HCD) (2011) 493...Category: Tenancy Law | Date: | Hits: 190
Mamun Akbar Vs. State and another, 2012, 41 CLC (AD)
.... contemplated in section 415 of the Penal Code and the allegations attract at least an offence under section 420 of the said Code. It was further observed that the fact that the bainapatra relates to agreement for sale of land and the money paid by the complainant may be recoverable in a civil suit ......rul Islam Bhuiyan, Advocate-on-Record-For the Petitioner. Md. Aftab Hossain, Advocate-on-Record-For Respondent No.2. Not represented-For Respondent No.1. Criminal Petition for Leave to Appeal No.401 of 2009 (From the judgment and order dated 29th June, 2009 passed by the High...... fixed by the Government at Tk.25,000/- (Taka twenty five thousand). The accused-petitioner paid two installments amounting to Tk.2600, and failed to pay the remaining installments. So, he offered to sell the land to the complainant at a price of Tk.25, 000/- and executed a contract for sale (bainap..Category: Criminal Law | Date: | Hits: 90
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