Search Options
Judgment Advanced Search
Displaying 841-860 of 6460 results.
Nasim (Md.) and another Vs. State, 2005, 34 CLC (HCD)
....natural person" alone, it could have placed the matter beyond all doubt by use of these terms rather than by the term "person". Section 27 of the Code lays down when property is in the possession of person's wife, clerk or servant, on account of the person, it is in that person......the Rules are discharged. The order of stay granted earlier by this Court is hereby vacated. Ed. This Case is also Reported in: 57 DLR (2005) 546. ......anted earlier by this Court is hereby vacated. Ed. This Case is also Reported in: 57 DLR (2005) 546. ......the Rules are discharged. The order of stay granted earlier by this Court is hereby vacated. Ed. This Case is also Reported in: 57 DLR (2005) 546. ..Category: Criminal Law | Date: 4 Jan, 2005 | Hits: 1
Jaher Ali (Md.) and others Vs. Md. Ziarat Hossain, 2005, 34 CLC (HCD)
......................Opposite Party Judgment January 4, 2005. Result: The Rule is made absolute. Possession must be proved over the suit land Plaintiff could not prove his possession over the suit land and was dispossessed by the defendants from the suit land forcibly. In...... Vs. Md. Ziarat Hossain...........................Opposite Party Judgment January 4, 2005. Result: The Rule is made absolute. Possession must be proved over the suit land Plaintiff could not prove his possession over the suit land and was dispossessed by the d...... ......the aforesaid suit. 3. The defendants entered appearance and contested the suit by filing written a statement denying the material allegations made in the plaint contending that the suit land in question has been in possession of the defendants since the date of their purchase and they did not ..Category: Property Law | Date: 4 Jan, 2005 | Hits: 3
Mahadeb Chandra Mondal and other Vs. Dulal Chandra Mondal and other, 2005, 34 CLC (AD)
.... earlier redeemed by repayment of the consideration a mortgagor acquires right to redemption on the expiry of the maximum period of seven years and if the mortgager does not voluntarily restore possession of the land to the mortgagor, the latter may file a suit for redemption within a period......ansaction was completed and the period of seven years as per the terms of the alleged Ekrarnama for reconveyance was over prior to such promulgation, the petitioner is not entitled to get back the land as per provisions under section 95A of the SA&T Act. ..............(10 & 11) ...... (AD) 237; Abdul Khaleque Sarnamat vs. Abdul Khaleque Sarnamat and another 1 BLC (AD) 90; Bangladesh vs. Haji Abdul Gani Biswas 32 DLR (AD) 233. Lawyers Involved: Abul Kalam Mainuddin Advocate, instructed by Md. Nawab Ali, Advocate-on-Record— For the Appellants. ......itioners submits that the learned Single Judge of the High Court Division has failed to notice that section 95A of the State Acquisition and Tenancy Act has no application to the transaction in question which had been past and closed before the promulgation of President's Order No.88 of 1972..Category: Property Law | Date: 4 Jan, 2005 | Hits: 137
Altaf Hossain Golondas Vs. Bangladesh and others, 2004, 33 DLR (HCD)
....justice. A person or a citizen being possessed of any firearms under licensee granted by the authority cannot be said to be an illegal possessor of arm and an offence under the Arms Act for such possession would not be deemed to have been committed unless the licence of the licensee validly can......lver is declared to have been issued without any lawful authority and to be of no legal effect. No order as to cost. Ed. This Case is also Reported in: 57 DLR (2005) 323. ......thority and to be of no legal effect. No order as to cost. Ed. This Case is also Reported in: 57 DLR (2005) 323. ....... One of the cited cases is the case of SK Ali Ahmed Vs. Secretary, Ministry of Home Affairs and others reported in 40 DLR (AD) 170 where in paragraph 15 it has been stated that, "As to the question whether the appellant was entitled to a show cause notice/hearing before the decision to ca..Category: Arms Law | Date: 14 Dec, 2004 | Hits: 9
Biseruddin Sarder (Md) and others Vs. Md. Tofazzal Hossain Biswas and others, 2005, 34 CLC (AD)
....s three sons and three daughters. The plaintiffs have possessed the suit land as heirs of recorded tenants for over 12 years adversely against the defendants and against all others claiming title and possession against defendants and others. Due to their inexperience and illiteracy the plaintiffs fa......against the judgment and order dated 6‑8-1996 passed by a Single Bench of the High Court Division in Civil Revision No. 1023 of 1982 making the Rule absolute. 2. Short facts are that the suit land originally belonged to Saku Sarder and Hossain Sarder in equal shares and the. CS record was ac......s and decision of the Court of appeal. The appeal is, therefore, allowed without any order as to costs. Ed. ......0 years old document by virtue of provision of section 90 of the Evidence Act is rebuttable. The mere fact that a document is 30 years old does not make it immune from attack by the other side on the question of its genuineness. 16. It is to be mentioned here that the Court of appeal which ..Category: Property Law | Date: 13 Dec, 2004 | Hits: 21
Fokrul Alam Chowdhury Vs. State & another, 2004, 33 CLC (HCD)
.... connection with the Rule stands vacated. Send a copy of the judgment to the Senior Special Judge, Cox's Bazar, immediately. Ed. This Case is also Reported in: 57 DLR (2005) 727. ...... connection with the Rule stands vacated. Send a copy of the judgment to the Senior Special Judge, Cox's Bazar, immediately. Ed. This Case is also Reported in: 57 DLR (2005) 727. ......a copy of the judgment to the Senior Special Judge, Cox's Bazar, immediately. Ed. This Case is also Reported in: 57 DLR (2005) 727. ............................................Opposite Parties Judgment December 12, 2004. Result: The Rule is discharged. Both civil and criminal cases can run together On the question of civil liability in the transaction, money suit filed against the accused petitioner was ..Category: Banking Law, Criminal Law | Date: 12 Dec, 2004 | Hits: 1
Jamir Ahmed Vs. Siddique Ahmed Sowdagor and others, 2004, 33 CLC (AD)
....alia, that his father acquired the land by putta from its legal owner and he gifted the property by registered deeds of gift dated 05.02.1960 and 25.11.1986 to the petitioner and the petitioner is in possession of the same and that Other Suit No. 169 of 2001 has been filed with the malafide intentio......e defendant-respondent No.5, the Government of Bangladesh also appeared and filed written statement denying the material allegations made in the plaint and claiming the property to be Government khas land recorded in khas khatian No. 1 and that during pendency of the aforesaid suit the petitioner on......eing no merit in the leave petition, the same is dismissed. Ed. This Case is also Reported in: 14 BLT (AD) (2006) 15 ......ity in the judgment and order passed by the High Court Division. There being no merit in the leave petition, the same is dismissed. Ed. This Case is also Reported in: 14 BLT (AD) (2006) 15 ..Category: Civil Law | Date: 12 Dec, 2004 | Hits: 156
Kishore Kumar Roy Vs. Md. Anwar Hossain & another, 2004, 33 CLC (AD)
....lan approved by the Khulna Development Authority. The plaintiffs then issued a notice under section 106 of the Transfer of Property Act upon the tenant for termination of tenancy and to hand over the possession of the suit premises to the plaintiffs and thereby the tenancy was terminated. 3. ......e defendant opposite party had a tenancy agreement dated 24.07.1980. Accordingly after the purchase of the suit premises by the plaintiffs, the defendant opposite party accepted the plaintiffs as new landlords by admitting their right, title, and ownership over the suit premises but the defendant op......e leave petition is dismissed. Ed. This Case is also Reported in: 14 BLT (AD) (2006) 15. ......there is nothing to interfere with the judgment of the High Court Division. Accordingly, the leave petition is dismissed. Ed. This Case is also Reported in: 14 BLT (AD) (2006) 15. ..Category: Property Law | Date: 12 Dec, 2004 | Hits: 62
Most. Shilu Begum Vs. Md. Roshan Akter Rahman, 2004, 33 CLC (HCD)
....are of the petitioner which she is entitled to get according to municipal law. Lower Court's record be sent down at once. Ed. This Case is also Reported in: 13 MLR (HCD) (2008) 48. ...... plaintiff brought Other Suit No.58 of 1990 against the petitioner as well as against the pro forma opposite parties as defendants for having a decree for partition in respect of 12.77 13/20 acres of land out of 15.56 acres of land in the Court of the learned Subordinate Judge, First Court, Gaibandh......yun Kabir Khadem, Advocate - For the petitioner. Abdul Quayum, Advocate - For the Opposite Party. Civil Revision No.4713 of 1998. Judgment Md. Mizanur Rahman Bhuiyan J.- This hearing occasions consideration of the rule issued directing against the judgment and order dated 04-6-1......are of the petitioner which she is entitled to get according to municipal law. Lower Court's record be sent down at once. Ed. This Case is also Reported in: 13 MLR (HCD) (2008) 48. ..Category: Property Law | Date: 7 Dec, 2004 | Hits: 88
Hasina Begum and others Vs. Chairman, RAJUK and others, 2004, 33 CLC (HCD)
....itioners purchased the land of plots aforementioned by different registered sale deeds in the year 1985, 1987‑1993. The petitioners obtained electric, WASA and gas connections and they have been in possession of their respective lands. The said land is part of 10 acres of land requisitioned in LA ......0/C, Uttar Badda. Plot No.76 comprising khatian No.1006 of Mouza No.291 PS Badda, Dhaka and also sought further direction to allot plots in line with 92 persons. 2. The petitioners purchased the land of plots aforementioned by different registered sale deeds in the year 1985, 1987‑1993. The p......der as to cost. Ed. This Case is also Reported in: 57 DLR (2005) 237. ......y;opposition. In the affidavit-in-opposition denying the allegations of the petitioners it has been stated that they are not the genuine affected persons as admittedly they have purchased the land in question in the years 1985, 1987 and thereafter which was requisitioned in LA Case No.26/59‑60 and..Category: Property Law | Date: 4 Dec, 2004 | Hits: 2
Md. Muinuddin Zulfiquer Vs. Ministry of Shipping and others, 2004, 33 CLC (AD)
....light of the discussions made hereinabove we find no substance in the petition. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: 21 BLT (AD) (2013) 132. ......scharging the Rule. The writ petition was filed impugning the amendment of the schedule (published in the Gazette on January 23, 1986) of the Department of Shipping (Engineer and Ship Surveyor of Inland Ships) Recruitment Rules, 1980 and the Memo No.E-1(1)/Part-6/3224 dated 27-2001 giving current......rdingly, the petition is dismissed. Ed. This Case is also Reported in: 21 BLT (AD) (2013) 132. ......ated January 23, 1986 although he was appointed under the said amended Rule in Grade-II and he upon accepting the appointment in Grade-II joined therein in January 1995 as such he is estopped from questioning legality of the amendment of the Rule made in 1986. Moreover writ-petitioner having bee..Category: Employment/Service Law | Date: 4 Dec, 2004 | Hits: 5
Regent Ken International Ltd Vs. Amanat Shah Ship Breaking Industries Ltd, 2004, 33 CLC (HCD)
....urt within 10 days, failing which this order of restoration shall stand vacated. There will be no order as to costs. Ed. This Case is also Reported in: 57 DLR (2005) 234. ......urt within 10 days, failing which this order of restoration shall stand vacated. There will be no order as to costs. Ed. This Case is also Reported in: 57 DLR (2005) 234. ......Court Division (Admiralty Jurisdiction) Present: Md. Imman Ali J Regent Ken International Ltd..............................Defendant-Petitioner Vs. Amanat Shah Ship Breaking Industries Ltd.................Plaintiff Opposite Party Judgment November 30, 2004. ...... 3. Mr. Md. Moksadul Islam, learned Advocate appearing on behalf of the owner of the vessel, defendant No.3 petitioner, submits that the petitioner did not receive the notice of the Admiralty Suit in question. He came to know recently about the ex parte decree and took steps to this petition for res..Category: Admiralty Law or Maritime Law | Date: 30 Nov, 2004 | Hits: 6
Amir Hossain (Md.) Vs. Government of People's Republic of Bangladesh & others, 2004, 33 CLC (HCD)
....ginal lessee or his vendors were not present in Bangladesh from 28‑2‑1972 will not absolve the government in law from taking appropriate steps setting aside the said sale deed and taking over the possession of the said house property by issuing requisite notice as contemplated under Article 7(2).......92 of 1998, Ka 280 Block-D, Mohammadpur, Dhaka should not be declared to have been passed without any lawful authority and is of no legal effect. 2. It is stated in the petitioner that a vacant land comprising 140 square yards situated at Mouza Dakhin Adabar and Barabo, PS Tejgaon now Mohammad......ildings within 2 months from the date of receipt of this order. Ed. This Case is also Reported in: 57 DLR (2005) 332. ......nd order dated 21‑9‑2000 passed by the First Court of Settlement in Case No.92 of 1988 (Ka 280 Block-D, Mohammadpur, Dhaka) is set aside. The respondents are directed to exclude the house in question from the "Ka" list of the abandoned buildings within 2 months from the date of re..Category: Abandoned Properties Law | Date: 27 Nov, 2004 | Hits: 13
....Corruption while taking decision to refuse sanction in this case. Mr. Rahman has also contended that although the FIR was lodged on 22‑12‑02 but the amount of Taka 20 (twenty) lac seized from the possession of the petitioner by the respondent Nos.5 and 6 was not immediately produced before the M......made absolute in part without any order as to costs. The respondent No.4 is directed to proceed with the case in accordance with law.
Ed.
This Case is also Reported in: 57 DLR (2005) 730.
......spondent No.4 is directed to proceed with the case in accordance with law.
Ed.
This Case is also Reported in: 57 DLR (2005) 730.
......ment in exercise of its discretion rightly withheld sanction for trial of the respondent Nos.5 and 6, the impugned order withholding sanction was passed in accordance with law and is not liable to be questioned by the petitioner.
5. Mr. Mahbubur Rahman, appearing for the Petitioner, contends th..
Category: Anti-Corruption Laws, Criminal Law | Date: 10 Nov, 2004 | Hits: 8
Haider Ali and ors. Vs. State, 2004, 33 CLC (AD)
.... law, or of any legal process; or Third, To commit any mischief, criminal trespass, or other offence; or Fourth, By means of Criminal force, or show of criminal force, to any person to take or obtain possession of any property or to deprive any person of the enjoyment of a right of way or of the use......n object of all the members of the unlawful assembly. 3. The prosecution case is that on 10‑2‑1989 at about 9‑00 AM the informant Sona Mia was passing by the 'ail' of a land and at that time accused Dilbahar asked him as to why he uprooted the fencing of his land. The ...... victim. In view of our above discussion we fined no substance in this appeal and accordingly it is dismissed. Ed. ......ach on them to suffer imprisonment for life and to pay a fine of Taka. 5,000 (five thousand) in default to suffer further imprisonment for two years. 2. Leave was granted to consider the question whether the High Court Division acted illegally in convicting all the accused under section..Category: Criminal Law | Date: 4 Nov, 2004 | Hits: 102
Dr. Alauddin Ahmed Vs. Md. Idris Ali Bhuiyan and others, 2004, 33 CLC (AD)
....r that the impugned order calls for our interference. In the result, the appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: 57 DLR (AD) (2005) 14. ......r that the impugned order calls for our interference. In the result, the appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: 57 DLR (AD) (2005) 14. ......out any order as to costs. Ed. This Case is also Reported in: 57 DLR (AD) (2005) 14. ......iled after inordinate delay inasmuch as the parties adduced evidence and argument was also heard from both the parties. Referring to the application of the respondent No. 1 to call for the records in question, Mr. Rokonuddin Mahmud has drawn our attention towards the last portion of the prayer where..Category: Election Law | Date: 30 Oct, 2004 | Hits: 142
Shamsul Haque (Md) Vs. Amina Khatun and others, 2004, 33 CLC (AD)
....s been miscarriage of circumstances and this requires interference by us. The appeal is accordingly, allowed without any order as to cost. Ed. This Case is also Reported in: 57 DLR (AD) (2005) 23.......o. 4959 of 1999 making the Rule absolute. 2. Short facts are that the pre‑emptor filed Miscellaneous Case No.180 of 1982 in the 2nd Court of Assistant Judge, Rangpur for pre‑emption of the case land stating, inter alia, that the predecessor-in‑ interest of opposite party Nos.2 and 3 transfer......peal is accordingly, allowed without any order as to cost. Ed. This Case is also Reported in: 57 DLR (AD) (2005) 23.......s been miscarriage of circumstances and this requires interference by us. The appeal is accordingly, allowed without any order as to cost. Ed. This Case is also Reported in: 57 DLR (AD) (2005) 23...Category: Civil Law | Date: 31 Aug, 2004 | Hits: 156
Ashraful Alam Vs. Md. Moniruddin and ors, 2004, 33 CLC (HCD)
.........................Appellant Vs. Md. Moniruddin and ors..........................Respondents Judgment August 17, 2004. Result: The Appeal is allowed. A permissive possession to become adverse must be established by cogent and convincing evidence to show hostile a...... Court No.1 at Rangpur in Other Class Suit No.5 of 1995, which decreed the suit. 2. Respondent Nos.1 to 6 as plaintiffs on 14-2‑95 instituted the suit for declaration of title in the suit land on the basis of adverse possession only and also for further declaration that said defendant No......on (Civil Appellate Jurisdiction) Present: Md. Abdur Rashid J Syed AB Mahmudul Huq J Ashraful Alam........................................Appellant Vs. Md. Moniruddin and ors..........................Respondents Judgment August 17, 2004. Result: ......sing the suit property for more than 12 years without any obstruction and thereby, they acquired title by adverse possession. Upon such view, learned Subordinate Judge decreed the suit. 23. Only question facing us is, whether the learned Subordinate Judge was justified in decreeing the suit and..Category: Property Law | Date: 17 Aug, 2004 | Hits: 2
Hasina Begum Vs. Deputy Commissioner, Dhaka and others, 2004, 33 CLC (HCD)
....e Dr. Saifuddin Ahmed got a perpetual lease for 99 years of the suit land measuring about 33 decimals, more or less one bigha in the local measurement. He built a house thereon; and while was thus in possession died leaving behind one wife, four sons and three daughters. 4. After his death, his......tle Suit No.14 of 1991, which dismissed the suit. 2. On 21‑1‑91 the plaintiff instituted the suit against the Deputy Commissioner, Dhaka and three others for declaration of title in the suit land with building thereon fully described in the schedule to the plaint and for further declaration......is Case is also Reported in: 57 DLR (2005) 257. ......d auction sale is also declared without jurisdiction, illegal and void; and accordingly, quashed. Send down the records at once. Ed. This Case is also Reported in: 57 DLR (2005) 257. ..Category: Others | Date: 15 Aug, 2004 | Hits: 3
Yusuf Chowdhury (Md.) Vs. Administrator of Waqf and others, 2004, 33 CLC (HCD)
....nd of CS plot No.609 appertaining to CS Khatian Nos.208/198 was not waqf is thereby upheld. Send down the LC Record. Ed. This Case is also Reported in: 57 DLR (2005) 738. ......rder, Motahar Hossain Choudhury as Mutawalli presented the appeal. The proceedings arise out of following facts and circumstances. 4. One Tofazzal Ali Choudhury created a waqf of 59.945 acres of land appertaining to Jote No.8 of JL No.5 by a registered deed of waqf dated 22‑11‑15 which he p......q J Yusuf Chowdhury (Md.)……………………………………………Petitioner Vs. Administrator of Waqf and others……………………&hellip......e decision of the Waqf Administrator that the disputed land of CS plot No.609 was not a waqf. 10. Descendants of said Waqif Tafazzal Ali Chowdhury are still fighting in different groups over the question as to whether disputed land measuring 3.26 acres of CS plot No.609 appertaining to CS khati..Category: Trust/Waqf Law | Date: 11 Aug, 2004 | Hits: 1
893289038789067290352952948312887686158875890890361555456888388829038