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Parul Nath and others Vs. State, 2014, 43 CLC (AD)
....2 or under any law of the Land. If any Bangladeshi National is found in possession with Bangladesh currency notes of any amount, he cannot be taken to have committed any offence, under the law of the land and the proceedings at the stage of FIR can be quashed to secure ends of justice." (T...... …......................................................Respondent Judgment April 27, 2014. Result: The leave petition is disposed of on terms. Case Referred to- Gannysons Ltd Vs. Sonali Bank, 37 DLR (AD) 42. Lawyers Involved: Abd......4, shall be disposed of in case of conclusion of a trial or in a case which ends with the acceptance of a final report and discharge of the accused. However, section 29 of the Act, 1974 has provided that the provisions of the Code, so far as they are not inconsistent with the provisions of......posed of on terms. Case Referred to- Gannysons Ltd Vs. Sonali Bank, 37 DLR (AD) 42. Lawyers Involved: Abdullah-al-Mamun, Advocate instructed by Nurul Islam Bhuiyan, Advocate-on-Record—For the Petitioners. Shafique Ahmed, Senior Advocate instructed by Md.Taufique Hossai..Category: Criminal Law, Property Law | Date: 27 Apr, 2014 | Hits: 8
Nur Mohammad and others Vs. Mosammat Kamla Khatun and others, 2014, 43 CLC (AD)
....appeal, in a nutshell, are: 4. The petitioner as the plaintiff instituted Other Suit No. 75 of 1987 in the Court of Assistant Judge, Roumari, for declaration of title in respect of 1.18 acres of land out of a portion of land appertaining to plot Nos. 4441, 4442, 4443, 4445, 4472. His case,......; April 17, 2014. Result: The petition is disposed of. Lawyers Involved: Mahbubey Alam, Senior Advocate, instructed by M Wali-ul-Islam, Advocate-on-Record—For Petitioners. Sikder Mokbul Haque, Advocate, instructed by Md. Taufique Hossain, Advocat......un Ara Sultana J Syed Mahmud Hossain J Nur Mohammad and others...................Petitioner Vs. Mosammat Kamla Khatun and others..........Respondents Judgment ......spondents Judgment April 17, 2014. Result: The petition is disposed of. Lawyers Involved: Mahbubey Alam, Senior Advocate, instructed by M Wali-ul-Islam, Advocate-on-Record—For Petitioners. Sikder Mo..Category: Civil Law, Procedural Law | Date: 17 Apr, 2014 | Hits: 2
Borun Khatun and others Vs. Md. Hebaj Uddin Pramanik and another, 2014, 43 DLR (HCD)
....s. Although documents produced by the plaintiffs are written by pen or ball point which at the relevant time were not used in writing goes on to show some sort of forgery has been committed. The land ought to be ascertained by appointing an Advocate Commissioner to find whether on the suit land......te. Presumptive value of 30 years old documents It is true but contents of the exhibits 3 and 2 series being 30 years old are required to be proved. Learned Judge being final Court of fact has jurisdiction under section 107 of the Code of Civil Procedure to decide this law point by refer&s......2015) 58. ......HCD) (2015) 58. ..Category: Property Law | Date: 6 Apr, 2014 | Hits: 9
Bibi Joynab Begum Chowdhury and others Vs. Osi Mia alias Osi Mia Sawdagar, 2014, 43 CLC (AD)
....espondents Judgment March 9, 2014. Result: The civil petition for leave to appeal is dismissed. To prove the possession Plaintiff did not have any possession in schedule land to the plaint. Unless the plaintiff could prove his possession in the schedule land he could no...... J Syed Mahmud Hossain J Md. Imman Ali J Md. Anwarul Haque J Bibi Joynab Begum Chowdhury and others………..................Petitioners Vs. Osi Mia alias Osi Mia Sawdagar....................Respondents Judgment March 9, 2014. Result: ......inst the defendant-respondent and others for declaration of title and recovery of possession. On transfer, the suit was renumbered as Other Suit No.85 of 1999. The plaintiff's case, in short, is that the suit land described in schedule-1 to the plaint originally belonged to two brothers, namely,......ellip;……..................Petitioners Vs. Osi Mia alias Osi Mia Sawdagar....................Respondents Judgment March 9, 2014. Result: The civil petition for leave to appeal is dismissed. To prove the possession Plaintiff did not have any posses..Category: Property Law | Date: 19 Mar, 2014 | Hits: 15
S.N. Kabir Vs. Fatema Begum and others, 2014, 43 CLC (AD)
....endant's application for rejection of the plaint. His case is that the suit property is urban property and that the Land Reforms Ordinance, 1984 has been promulgated with the object to reform the land relating to land tenures, land holding and transfer with a view to maximizing product......Because of benami transactions, multifarious litigations crop up across the country. Moreover, the persons having the possession of black money take advantage of benami transactions by purchasing property in the names of their nearest relatives and such transactions increase corruption in ...... The facts leading to the filing of both the civil petitions for leave to appeal, in brief, are: The plaintiff instituted Title Suit No.149 of 2002 and Title Suit No.270 of 2002 for declaration that he is the owner of the suit property and that the defendant-wife is his benamdar and is not the ...... The preamble cannot be used to control the enactments themselves where they are expressed in clear and unambiguous terms. The aid of preamble can only be taken when the meanings of the words to be interpreted are not clear and unambiguous. The words 'immoveable property' o..Category: Property Law | Date: 16 Feb, 2014 | Hits: 19
Delipjan being dead her heirs: Fazal Haque and other Vs. Shahed Badsha and others, 2014, 43 CLC (AD)
....: The appellants herein as the plaintiffs instituted Title Suit No.65 of 1989 in the Court of Assistant Judge, Dhamrai, Dhaka for declaration of title in respect of "Kha" schedule land of the plaint. The case of the plaintiffs, in short, is that Sheikh Jaku, the predecessor of th...... Vs. Shahed Badsha and others……………………Respondents Judgments February 11, 2014 Result: The appeal is allowed. Cases Referred to- Abdul Hamid Mollah Vs. Abdul Hye, 49 DLR 428; Abdur Rahman Mia Vs. M Saber Al......urul Islam being dead his heirs: Doly Islam, 4 BLC 195; Haji Yar Ali Khan Chowdhury Vs. Mobarak Ali Chowdhury, 7 DLR 6. Lawyers Involved: AQM Fazlul Hug Khan, Advocate, instructed by Sufia Khatun, Advocate-on-Record—For the Appellants. Ziaur Rahman, Advocate, instructed by Md. N......his heirs: Doly Islam, 4 BLC 195; Haji Yar Ali Khan Chowdhury Vs. Mobarak Ali Chowdhury, 7 DLR 6. Lawyers Involved: AQM Fazlul Hug Khan, Advocate, instructed by Sufia Khatun, Advocate-on-Record—For the Appellants. Ziaur Rahman, Advocate, instructed by Md. Nurul Islam Bhuiya, Adv..Category: Civil Law | Date: 11 Feb, 2014 | Hits: 5
Selim Hossain (Md.) Vs. Shahabuddin Ahmed and others, 2014, 43 CLC (AD)
....-respondent No. 2, Bangladesh House Building Finance Corporation, respondent No. 3 herein (hereinafter referred to as the Corporation), in 1979 for construction of a multistoried building on his land measuring 18 decimals situated within Narayangonj town and with that loan money, the writ-......n: 20 BLC (AD) (2015) 115. ......ection as to the jurisdiction of a Court to hear and try a suit or a case or in other words, mere surrendering to the jurisdiction of a Court, jurisdiction cannot be conferred to a Court it is found that the Court which heard or disposed of the suit or the case had no jurisdiction to hear such suit ......bsp; February 3, 2014. Result: The Petition is disposed of. Mere failure to raise objection as to the jurisdiction of a Court to hear and try a suit or a case or in other words, mere surrendering to the jurisdiction of a Court, jurisdiction cannot b..Category: Civil Law | Date: 3 Feb, 2014 | Hits: 6
....ought not to be under any man but under God and the law.)."
16. In the case of Prohibitions, King James I, placed himself in the position of judge for a dispute, a "controversy of land between parties was heard by the King, and sentence given...."
17. When the case went.........Petitioners
Vs.
Hon'ble Speaker, Bangladesh Jatiyo Sangsad and others..............Respondents
Judgment
January 30, 2014.
Result:
The Rule is made absolute.
Case Referred to-
Jibendra Kishore Vs. East Pakistan, 9 DLR (SC) 21; Sheikh Abdus Sabur Vs. Retu......e ground of discrimination and inconsistent with the Constitution of the People's Republic of Bangladesh (in brief "Constitution").
3. It is alleged in the writ petition that by inserting section 32Ka in the Anti-Corruption Commission Act 2004 by the Amendment Act 2013, ......67 DLR (HCD) (2015) 191
..
Category: Anti-Corruption Laws | Date: 30 Jan, 2014 | Hits: 5
Lakshmi Bala Sen and others Vs. Tarun Tapan Dutta @ Tapan Kumar Dutta and others, 2014, 43 CLC (AD)
....ng to this appeal, are precised below: Respondent No.1 as the plaintiff instituted Mortgage Suit No.68 of 1978 in the Third Court of Subordinate Judge, Chittagong for redemption of 1.25 acres of lands described in schedules 1 and 2 to the plaint. His case, in short, is that the disputed propert......Dutta @ Tapan Kumar Dutta and others..............Respondents Judgment January 30, 2014. Result: The appeal is dismissed. When a property sold with a condition of repurchase in the same deed in that event a question may arise as to whether the transaction is a mortgage ...... and others..............Respondents Judgment January 30, 2014. Result: The appeal is dismissed. When a property sold with a condition of repurchase in the same deed in that event a question may arise as to whether the transaction is a mortgage or an out and out sale ha...... 2014. Result: The appeal is dismissed. When a property sold with a condition of repurchase in the same deed in that event a question may arise as to whether the transaction is a mortgage or an out and out sale has to be determined on seven tests - (i) the existence of..Category: Tenancy Law | Date: 30 Jan, 2014 | Hits: 15
Mortuz Ali Khalifa Vs. Jobeda ® Kalu Bibiand others, 2014, 43 CLC (AD)
....97, which was instituted by Jobeda @ Kalu Bibi and others in the Court of Senior Assistant Judge, Naleiti, Jhalakati for declaration of title and partition in respect of 1.28 1/2 acres of land. The appellant belatedly filed written statement, which was allowed. He also filed an applicati...... January 29, 2014. Result: The appeal is allowed. Lawyers Involved: Madhu Malati Chowdhury Barua, Advocate-on-Record on behalf of Md. Nawab Ali, Advocate-on-Record—For the Appellant. None Represented—For Respondents. Recall the plaintiffs' ...... Advocate-on-Record—For the Appellant. None Represented—For Respondents. Recall the plaintiffs' witnesses for cross-examination It is a cardinal principle of law that every party to litigation must be given opportunity to place his case with relevant evidence. ...... Reported in: 20 BLC (AD) (2015) 3 ..Category: Civil Law | Date: 29 Jan, 2014 | Hits: 1
Abdul Hakim (Md.) Vs. Md. Nazrul Islam and others, 2014, 43 CLC (AD)
....tshell, are: The leave petitioner as the pre-emptor filed Pre-emption Case No.5 of 2000 in the Court of Senior Assistant Judge, Nandail, Mymensingh claiming pre-emption right over 24 decimals of land described in the schedule to the application for pre-emption under section 96 of the State Acqu......sed. A pre-emptor must not only have a subsisting interest in the holding when he files an application for pre-emption but must continue to hold the self-same interest to the date when the case is finally disposed of. Vide Chandra Kumar Maladas Vs. Abdul Motaleb, 19 DLR (SC) 36 and Md. Mof......ngh claiming pre-emption right over 24 decimals of land described in the schedule to the application for pre-emption under section 96 of the State Acquisition and Tenancy Act. His case, in short, is that the case land under RoR belonged to the tenants, namely, Abbas Ali, Ismail, Tamijuddin and ......;….Petitioner Vs. Md. Nazrul Islam and others………………….Respondents Judgment January 20, 2014. Result: The petition for leave to appeal is dismissed. A pre-emptor must not only have a subsisting interest in ..Category: Property Law | Date: 20 Jan, 2014 | Hits: 44
Abdul Quader Mollah Vs. Chief Prosecutor, International Crimes, Tribunal, Dhaka, 2013, 42 CLC (AD)
....Khan Vs. Collector Estate Duty, 14 DLR (SC) 276. 20. In the above cited case of Seraj Uddin Ahmed, a writ petition was filed challenging an order of cancellation of lease in respect of a plot of land in Mohammadpur Housing Estate and allotting the same to writ respondent Nos.7 and 8. The High C......; Syed Mahmud Hossain J AHM Shamsuddin Choudhury J Abdul Quader Mollah .....................Petitioner (In both the cases) Vs. Chief Prosecutor, International Crimes, Tribunal, Dhaka...........Respondent (In...... above incidents took place when the people of the country were fighting against the occupation army of Pakistan for liberation of the country. The petitioner, an activist of Islamic Chhatra Sangha not only collaborated with the anti-liberation force but also directly participate...... AHM Shamsuddin Choudhury J Abdul Quader Mollah .....................Petitioner (In both the cases) Vs. Chief Prosecutor, International Crimes, Tribunal, Dhaka...........Respondent (In both the cases) Judgment&nbs..Category: International Crimes Tribunal Law | Date: 12 Dec, 2013 | Hits: 15
Md. Abdur Rob Bhuiyan Vs. Sheikh Ahammed and others, 2013, 42 CLC (HCD)
.... 2. The petitioner lodged an ejahar with Sonaimuri Police Station on 04.02.2001 against opposite parties 1-20 and another alleging inter alia that he had enmity with the said opposite parties over a land dispute. On 15.01.2001the opposite parties 1-20 and their accomplices demanded him to pay subsc.........Petitioner Vs. Sheikh Ahammed and others…………......................Opposite Parties Judgment November 21, 2013. Result: The Rule is discharged. In a criminal revision the scope of reassessment of evidence is narrower than that in an appeal. It is also difficult to interfere with a ......hers…………......................Opposite Parties Judgment November 21, 2013. Result: The Rule is discharged. In a criminal revision the scope of reassessment of evidence is narrower than that in an appeal. It is also difficult to interfere with a judgment and order of acquittal, unless t......ber 21, 2013. Result: The Rule is discharged. In a criminal revision the scope of reassessment of evidence is narrower than that in an appeal. It is also difficult to interfere with a judgment and order of acquittal, unless there is non-consideration or misreading of evidence, or miscarriage of j..Category: Procedural Law | Date: 21 Nov, 2013 | Hits: 24
Ali Amjad Khan (Md.) Vs. Md. Habibullah Dawn & others, 2013, 42 CLC (AD)
....Miscellaneous Case No.19 of 2011 arising out of Title Suit No.103 of 2004 renumbered as Title Suit No.2725 of 2008 and directing the petitioner (decree-holder) to hand over the possession of the suit land to respondent No.1 immediately. 2. The facts leading to this petition for leave to appeal,....... Lawyers Involved: Abdul Wadud Bhuiyan, Senior Advocate, AJ Mohammad Ali, Senior Advocate and Quamrul Islam Siddique, Senior Advocate, instructed by Md. Aftab Hossain, Advocate-on-Record—For the Petitioner. Mahmudul Islam, Senior Advocate and Aminul Hoque, Senior Advocate, inst......shy;neous Case No.14 of 2011 under Rules 100 and 101 of Order XXI read with section 151 of the Code of Civil Procedure for restoration of his possession in the suit land. His case, in brief, is that Rafique Ahmed Khan got allotment of the suit land from Rajdhani Unnayan Karthipakkha (RAJUK) and......hellip;…………….Respondents Judgment October 10, 2013 Result: The civil petition is dismissed. Lawyers Involved: Abdul Wadud Bhuiyan, Senior Advocate, AJ Mohammad Ali, Senior Advocate and Quamrul Islam Siddique, Senior Advocate, instructe..Category: Civil Law | Date: 10 Oct, 2013 | Hits: 33
SM Redwan Vs. Md. Rezaul Islam and others, 2013, 42 CLC (AD)
.... the disposal of the appeal are that the respondent No.1 (hereinafter referred to as the respondent) received Taka. 10,00,000 as earnest money out of total consideration of Taka 29,25,000 to sell the land measuring 2.14 ½, 2.145 acres and executed a "bainanama". He issued a public n...... Ed. This Case is also Reported in: 66 DLR (AD) (2014) 169. ......ppeals are allowed. Payment stopped by the drawer Since the cheques were returned by bank with the endorsement "payment stopped by the drawer" it is to be presumed that those were returned unpaid because the amount of money standing to the credit of that account wa...... Judgment October 9, 2013. Result: Both the appeals are allowed. Payment stopped by the drawer Since the cheques were returned by bank with the endorsement "payment stopped by the drawer" it is to be presumed that those were re..Category: Criminal Law, Others | Date: 9 Oct, 2013 | Hits: 12
.... and proper.
2. Facts necessary for disposal of the Rule, in abridge, is that the petitioner took loan of Taka 3 lakh from the Respondents, Agrani Bank Ltd. creating mortgage of 6½ bighas land including his homestead as security against loan, the price of the mortgaged properties would b......udgment
October 8th, 2013.
Result:
The Rule is disposed of.
Bank’s responsibilities
The auction sale so far held by the respondent bank was not fair and has been done behind the back of the petitioner keeping him in the dark with a hope ......nk’s responsibilities
The auction sale so far held by the respondent bank was not fair and has been done behind the back of the petitioner keeping him in the dark with a hope that no auction will be held. In ordinary prudence, in the event of selling any property of a borrowe......
(Special Original Jurisdiction)
Present:
Syed Refaat Ahmed J
Mahmudul Hoque J
Proshanta Kumar Sarkar....................Petitioner
Vs.
Managing Director, Agrani Bank Ltd Head Office and others..........Respondents
Judgment
Octo..
Category: Others, Procedural Law | Date: 8 Oct, 2013 | Hits: 8
Satsang Bangladesh, D. Pakutia Vs. People’s Republic of Bangladesh and others, 2013, 42 CLC (HCD)
....a leaving the Ashrom on 1st September, 1946 AD went to Deoghor of Bihar Province in India. He never returned back to Pabna and as a result the Government of the then East Pakistan acquired the entire land of Hemayetpur Ashrom and established a 'Mental Hospital' there. For that reason the dev......Defendant-Respondent- Opposite Parties Judgment September 26, 2013. Result: The Rule is disposed of. Lawyers Involved: AJ Mohammad Ali with Rowshan Alam Khan, Advocate—For the Petitioner. Sukumar Biswas, AAG—For the Opposite Party Nos.1-2. Habibul ......d not be set-aside and/or pass such other or further order or orders as to this Court may seem fit and proper. 2. The facts leading to the issuance of the Rule in a nutshell can be stated thus, that the plaintiff-appellant-petitioner "Satsang Bangladesh", D Pakutia, Ghatail, Tang......dant-Respondent- Opposite Parties Judgment September 26, 2013. Result: The Rule is disposed of. Lawyers Involved: AJ Mohammad Ali with Rowshan Alam Khan, Advocate—For the Petitioner. Sukumar Biswas, AAG—For the Opposite Party Nos.1-2. Habibul Islam..Category: Civil Law, Procedural Law | Date: 26 Sep, 2013 | Hits: 3
....nstitution of the Peoples Republic of Bangladesh, which proclaims that sovereignty belong to the people under the Article 7 of the Constitution. Article 7 has been declared in the landmark Eight Amendment Judgment as 'immutable' like the 'pole star' of the Constit......
Bangladesh Jamaat-e-Islami and others……………………Respondents
Judgment
August 1, 2013.
Result:
The Rule is made absolute.
Cases Referred to-
Kusper Vs. Pontikes, 414 US, at 57, 38L Ed 2nd at 266; Whitney Vs. California......th and East Devon Health Authority exp Coughlan [2001] QB 213, at paragraph 57; R (on the application of Nadarajah) and Abdi Vs. Secretary of State for the Home Department, [2005] EWCA Civ 2363; R. (Bhatt Murphy) and Others Vs. Secretary for the Home Department, [2008] EWCA Civ 755; Navjyoti Coop. G......hellip;Respondents
Judgment
August 1, 2013.
Result:
The Rule is made absolute.
Cases Referred to-
Kusper Vs. Pontikes, 414 US, at 57, 38L Ed 2nd at 266; Whitney Vs. California, 274 US 357, 71 L Ed 1095, 47 S Ct 641 (1927); Brandenbourg Vs. Ohio, 395 US, at 447, 449, 23 ..
Category: Constitutional Law | Date: 1 Aug, 2013 | Hits: 10
....he affidavit-in-opposition and the application as aforesaid, briefly, is that BJI, though a political party based on Islamic values, operates within the purview of the Constitution and the law of the land. BJI recognizes the legitimacy of the Republic and the Constitution. BJI is ready to make its c......
Bangladesh Jamaat-e-Islami and others……………………Respondents
Judgment
August 1, 2013.
Result:
The Rule is made absolute.
Cases Referred to-
Kusper Vs. Pontikes, 414 US, at 57, 38L Ed 2nd at 266; Whitney Vs. California......th and East Devon Health Authority exp Coughlan [2001] QB 213, at paragraph 57; R (on the application of Nadarajah) and Abdi Vs. Secretary of State for the Home Department, [2005] EWCA Civ 2363; R. (Bhatt Murphy) and Others Vs. Secretary for the Home Department, [2008] EWCA Civ 755; Navjyoti Coop. G......hellip;Respondents
Judgment
August 1, 2013.
Result:
The Rule is made absolute.
Cases Referred to-
Kusper Vs. Pontikes, 414 US, at 57, 38L Ed 2nd at 266; Whitney Vs. California, 274 US 357, 71 L Ed 1095, 47 S Ct 641 (1927); Brandenbourg Vs. Ohio, 395 US, at 447, 449, 23 ..
Category: Constitutional Law | Date: 1 Aug, 2013 | Hits: 11
Syed Raihan Hasan Ali Chowdhury Vs. Syed Hamde Ali Chow¬dhury and others, 2013, 42 CLC (HCD)
....আর, খতিয়ান নং ১৭০৪ দাগ নং ১৭০৮ জমির পরিমাণ ৩.৪২৭৫ একর।” 3. It is the case of the plaintiff that the suit land is Waqf property, enlisted as per deed of 1 876, Sayadani Jobedatun Nessa Chowdhurani and by de......ported in: 66 DLR (HCD) (2014) 5. ......n is subject to challenge by the District Judge in the manner as contained in section 35 as all the provisions of section 35 have been made applicable to an order made under this section which means that an order made by the Administrator is liable to challenge before the District Judge and any orde...... Judgment July 29, 2013. Result: The appeal is allowed. Waqf Ordinance, 1962; Section 50 Code of Civil Procedure, 1908; Order VII, rule 11, Provisions of waqf ordinance — Section 50 of the Waqf Ordinance has been inserted in the enrolment chapter. ..Category: Trust/Waqf Law | Date: 29 Jul, 2013 | Hits: 5
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