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Abdul Khaleque Shah Vs. Administrator of Waqfs and others, 1996, 25 CLC (HCD)
.... the petitioner. The learned Advocate submits that the order of the respondent No.1 directing the respondent No.4. Upazila Nirbahi Officer to reap the paddy grown by the petitioner (Mutawalli) in the land of the Waqf Estate and to take step for preservation thereof till disposal of the proceeding un......ker with Mir Mahfuzur Rahman and Abdus Salam Mondal, Advocates - For the Petitioner. No one – For the Respondents. Writ Petition No.1694 of 1989. Judgment Md. Ruhul Amin J.- Petitioner has obtained this Rule calling upon the respondents to show cause as to why the order dated 28‑11...... legal effect or such other or further order or orders passed as to this Court may seem fit and proper. 2. Petitioner was appointed on 9‑2‑1980 Mutwalli of Hanif Shah Waqf Estate (EC No.843), that while he was discharging the duties of the Mutwalli of the Waqf Estate respondent Nos.2 and 3, H......High Court Division (Special Original Jurisdiction) Present: Md. Ruhul Amin J Md. Asaduzzaman J Abdul Khaleque Shah……………………………….Petitioner Vs. Administrator of Waqfs and others…………………………………..Respondents Judgment December 2..Category: Trust/Waqf Law | Date: | Hits: 85
Mohammed Ali Vs. Director, Marine Fisheries Office and others, 2009, 38 CLC (HCD)
....icence dated 23-2-2009 in favour of the petitioner only after complying with all statutory provisions. There is no order as to costs. Ed. This Case is also Reported in: 61 DLR (HCD) (2009) 769. ...... For Respondent No. 3. Writ Petition No. 1601 of 2009. Judgment SM Hossain J. - In this application under Article 102 of the Constitution of the People's Republic of Bangladesh, a Rule Nisi was issued calling upon the respondents to show cause as to why the impugned memo No. Mo-4/Trawler-63......ial No. 34 dated and licence No. 8/Shrimp- 2000 under Serial No. 35 dated 23-1-2000 respectively. The owner transferred the two vessels to MM Khan and Co (Pvt) Ltd of 154 Kazi NazrulIslam Road, Sadarghat, Chittagong. On an application, the transfer was mutated and endorsed by respondent No. 1 on 15-...... 769. ..Category: Civil Law | Date: | Hits: 124
Nazrul Islam (Md.) Vs. Bangladesh and others, 2007, 36 CLC (HCD)
....ffect. 2. Short facts leading to this Rule are that the Land Acquisition Officer, Rajshahi, respondent No.3 in LA Case No, 22 of 1996-97 proposed for acquisition and requisition of 4.24 acres of land for the construction of office and godown of Customs and VAT Collectorate, Rajshahi, by issuing......o situations. First, if the property is needed. Or, if the property is likely to be needed, but while acquiring a property the Deputy Commissioner cannot keep both the alternatives in his pocket. He has to choose between the two. If he keeps both the options open, then he does not know whether the p......e future use. The use of both these alternative expressions in the notice under section 3 is indicative of a lack of application of mind and the notice under section 3 is liable to be struck down on that ground as well......................................(13) Cases Referred to- Sankar Gopal C......rty the Deputy Commissioner cannot keep both the alternatives in his pocket. He has to choose between the two. If he keeps both the options open, then he does not know whether the property is needed for immediate use or it is likely to be needed for some future use. The use of both these alternative..Category: Property Law | Date: | Hits: 62
Rajdhani Unnayan Kartipakha (RAJUK) Vs. Eunus Ali & others, 2012, 41 CLC (AD)
....Judge, Dhaka, renumbered as Title Suit No.464 of 1985 in the Second Court of Sub-ordinate Judge, Dhaka for declaration of title and recovery of khas possession. Their case, in short, is that the suit land mentioned in the schedule-A to the plaint originally belonged to Niamat Ali Khan in raiyoti jot...............Appellant Vs. Eunus Ali & others..........................................Respondents Judgment August 1, 2012. Result: The appeal is allowed Lawyers Involved: AF Hasan Ariff, Senior Advocate (with A F M Meshbahuddin, Senior Advocate), instructed by Md. Walndullah......Sub-ordinate Judge, Dhaka, renumbered as Title Suit No.464 of 1985 in the Second Court of Sub-ordinate Judge, Dhaka for declaration of title and recovery of khas possession. Their case, in short, is that the suit land mentioned in the schedule-A to the plaint originally belonged to Niamat Ali Khan i......nt Vs. Eunus Ali & others..........................................Respondents Judgment August 1, 2012. Result: The appeal is allowed Lawyers Involved: AF Hasan Ariff, Senior Advocate (with A F M Meshbahuddin, Senior Advocate), instructed by Md. Walndullah, Advocate-on-Re..Category: Property Law | Date: | Hits: 104
Saleha Khatoon @ Saleha Begum Vs. Abdur Rahman Kha, 2009, 38 CLC (HCD)
....pecific Relief Act in the Court of Senior Assistant Judge, Madhukhali, Faridpur against the defendant (Opposite Party) for recovery of possession by evicting the defendant in respect of 5 decimals of land morefully described in the schedule of the plaint. 3. The defendant (Opposite Party) field a......titioner Vs. Abdur Rahman Kha………………………..Opposite Party Judgment November 1, 2009. Result: The rule is made absolute. No appeal lies from any order or decree passed in any suit instituted under section 9 of the Specific Relief Act, 1877 and the only remedy li...... Send down the L.C. Records immediately. Ed. This Case is also Reported in: 30 BLD (HCD) (2010) 486. ......…………..Petitioner Vs. Abdur Rahman Kha………………………..Opposite Party Judgment November 1, 2009. Result: The rule is made absolute. No appeal lies from any order or decree passed in any suit instituted under section 9 of the Specific Relief Act, 1877 and t..Category: Civil Law | Date: | Hits: 114
....te parties No.2-5 for specific performance of contract stating, inter alia, that on 21.03.1974 the father of the petitioners entered into a Bainapatra with opposite parties No.3 and 4 for purchase of land described in the schedule of the plaint at Taka 4,000/- and paid Tk. 3,700/- to opposite partie......………..Opposite Parties
Judgment
February 15, 2010.
Result:
The rule is made absolute.
Lawyers Involved:
Md. Mustafizur Rahman - For the Petitioners.
Md. Haroon-Ar-Rashid with Md. Enamul Hoque - For the Opposite Parties.
Civil Revision No.4849 of 1998.
......e Indra Mohan Saha father of the petitioners instituted Title Suit No.424/79 in the Court of Munsif Shingair against opposite parties No.2-5 for specific performance of contract stating, inter alia, that on 21.03.1974 the father of the petitioners entered into a Bainapatra with opposite parties No.3......irs 1(Ka) Fatema Begum and others…………………..Opposite Parties
Judgment
February 15, 2010.
Result:
The rule is made absolute.
Lawyers Involved:
Md. Mustafizur Rahman - For the Petitioners.
Md. Haroon-Ar-Rashid with Md. Enamul Hoque - For the Opposite Parties.&..
Category: Civil Law | Date: | Hits: 103
Nirmal Chandra Halder Vs. Hasina Begum and others, 2012, 41 CLC (HCD)
....f 1999. 2. The petitioner Nirmal Chandra Halder and his aunty Nando Rani Halder as plaintiffs instituted a suit for perpetual injunction on the averments, inter alia, that an area of 6.75 acres of land appertaining to C.S. Khatian No.29 of Koikhali Mouza under Police Station Kathalia, District Jh...... High Court Division (Civil Revisional Jurisdiction) Present: Md. Ruhul Quddus J Nirmal Chandra Halder…………………............Petitioner Vs. Hasina Begum and others ………..............Opposite Parties Judgment October 10, 2012. R......akathi in Title Suit No.134 of 1999. 2. The petitioner Nirmal Chandra Halder and his aunty Nando Rani Halder as plaintiffs instituted a suit for perpetual injunction on the averments, inter alia, that an area of 6.75 acres of land appertaining to C.S. Khatian No.29 of Koikhali Mouza under Police ......rs ………..............Opposite Parties Judgment October 10, 2012. Result: The Rule is made absolute. Lawyers Involved: Bhabesh Chandra Ghosh with Md. Mubarak Hossain, Advocates-For the petitioner. Feroz Alam, Advocate-For the opposite parties. Civil Revision No.2406 of 20..Category: Civil Law | Date: | Hits: 73
Abdul Matin Vs. Government of the People's Republic of Bangladesh, 2007, 36 CLC (HCD)
....Order/Judgment/Decree maintained by last ladder of hierarchy take recourse to ingenious methods in filing Civil proceedings to rout order/ Judgment and decree of Courts including highest Court of the land. Seekers of Justice in whose favour Judicial verdict had been pronounced are to wait, wait an......lic of Bangladesh………………………………Opposite Party Judgment April 19, 2007. Result: The Rule is made absolute. Doctrine of res judicata Doctrine of res judicata has received a statutory sanction in The Code as a matter of prudence and to give due weightage to a ......908 (Act No. V of 1908); Order VII Rule 11 Rejection of plaint Rule 11 of Order VII of the Code of Civil Procedure, 1908, while dealing with the power of Court to reject a plaint, contemplates that still-born suit should be nipped in the bud at its inception so that no further time is consumed......……………………………Opposite Party Judgment April 19, 2007. Result: The Rule is made absolute. Doctrine of res judicata Doctrine of res judicata has received a statutory sanction in The Code as a matter of prudence and to give due weightage to a finding or decision ..Category: Property Law | Date: | Hits: 69
M. Anwar Hossain and others Vs. Government of Bangladesh and others, 2011, 40 CLC (HCD)
....l. The whole family found themselves at a paradoxical jeopardy, they fell prey to the vengeance of General Ziaur Rahman. The Petitioner No. 1 had to go to the ground. On arrest, he was interned in a clandestine torture cell knownas “Safe Hole”, located inside Dhaka Cantonment, and was kept there...... Original Jurisdiction) Present: AHM Shamsuddin Choudhury J Sheikh Md. Zakir Hossain J M. Anwar Hossain and others……………Petitioners (In Writ Petition No.7236 of 2010) with Hasanul Huq Inu…………………………………Petitioner (In Writ Petition No.826 of 2011) ......Petitioner (In Writ Petition 1059 of 2011) Vs. Government of Bangladesh and others…………Respondents (In all the Writ Petitions) Judgment March 22, 2011. Result: All the Rules that sprang from Writ Petitions no7236/10, 826/11, 1048/11 and 1059/11 are made absolute Cases Ref......ain and others……………Petitioners (In Writ Petition No.7236 of 2010) with Hasanul Huq Inu…………………………………Petitioner (In Writ Petition No.826 of 2011) with Major Ziauddin and others……………...Petitioner (In Writ Petition 1048 of 2011) And Md. Abd..Category: Criminal Law | Date: | Hits: 154
Amarbati Natya Mandir Vs. State, 2009, 38 CLC (HCD)
....private individual Shri Piyush Kami Ghosh without looking at the description of the in the case title and the relief claimed in the suit. According to the plaintiff, the proprietary right in the suit lands vests in it by a deed of endowment which is a temple and it has the right to institute the sui......m J Amarbati Natya Mandir........................Plaintiff Vs. State ……………………Respondent Judgment February 4, 2009. Result: The appeal is allowed without any order as to costs. Cases Referred to- Baisnab Das Vs. Nani Gopal, 14 DLR 364; Tulsi Ram Vs. Ramprasa......tary of the plaintiff died on 25th March 2004, and pursuant to an application filed by the respondent on 8th July 2004, the learned Joint District Judge recorded an order of abatement of the suit on that day. Thereafter the plaintiff filed an application on 1st September 2004, for leave to represent......l Islam J Amarbati Natya Mandir........................Plaintiff Vs. State ……………………Respondent Judgment February 4, 2009. Result: The appeal is allowed without any order as to costs. Cases Referred to- Baisnab Das Vs. Nani Gopal, 14 DLR 364; Tulsi Ram Vs. Ra..Category: Civil Law | Date: | Hits: 104
Rezia Sultan & another Vs. Md. Haroon Malik and another, 2011, 40 CLC (HCD)
....decree for recovery of possession if the tenant thrown out of possession of the premises. It can settle only the right of the tenant as regard the possession over the suit premises i.e. whether the landlord acted in accordance with law or in accordance of the terms of the agreement, that is, if th...... Small Causes Court Small Cause Courts are constituted under section 5 of Small Causes Courts Act, 1887; section 15 of the Act provides for jurisdiction of Courts of Small Causes i.e. the Court has jurisdiction in the case of eviction of the tenant and Small Causes Courts cannot decide title of......s. It can settle only the right of the tenant as regard the possession over the suit premises i.e. whether the landlord acted in accordance with law or in accordance of the terms of the agreement, that is, if the rents illegally enhanced, if the landlord curtail the facilities provided under ten......sult: The rule is made absolute. Jurisdiction of the Small Causes Court Small Cause Courts are constituted under section 5 of Small Causes Courts Act, 1887; section 15 of the Act provides for jurisdiction of Courts of Small Causes i.e. the Court has jurisdiction in the case of eviction of..Category: Civil Law | Date: | Hits: 94
Hashem Ali & Others Vs. Suruj Ali & Others, 2010, 39 CLC (HCD)
....of one Jumu Sheik. The said Mokdom Ali Sheik and Jomu Sheik were the sons of Basharat Sheik. The Plaintiff-Appellant-Opposite parties by filing Partition Suit on 3.2.1999, alleged inter-alia that the landed property within Mouja Surujgonj, under District and Police Station Tangail comprised in C.S. ......d. Let the LC records be sent down at once. Ed. This Case is also Reported in: 18 BLT (HCD) (2010) 295. ......n heirs of one Jumu Sheik. The said Mokdom Ali Sheik and Jomu Sheik were the sons of Basharat Sheik. The Plaintiff-Appellant-Opposite parties by filing Partition Suit on 3.2.1999, alleged inter-alia that the landed property within Mouja Surujgonj, under District and Police Station Tangail comprised ......………………Plaintiff-Appellant-Opposite parties Judgment March 22, 2010. Result: The rule is made absolute. Lawyers Involved: Mohammed Mozammel Haque Bhuiyan, Advocate - For the petitioners. Kamruzzaman Bhuiyan, Advocate - For the opposite parties. Subrata Saha, Ad..Category: Property Law | Date: | Hits: 83
Khorshid Nayeem and others Vs. Land Appeal Board land others, 2010, 39 CLC (HCD)
.... Original Jurisdiction) Present: Moyeenul Islam Chowdhury J AKM Abdul Hakim J Khorshid Nayeem and others……………………………………Petitioners Vs. Land Appeal Board land others……………………………………Respondents Judgment June 3, 2010. Res......………………Petitioners Vs. Land Appeal Board land others……………………………………Respondents Judgment June 3, 2010. Result: The rule is made absolute. Cases Referred to- 47 DLR (AD) 9; 50 DLR (AD) 213; Bangladesh Tobaco Company Ltd. Vs. Md. Azizul H......ots measuring 5-17 acres and/or pass such other or further order or orders as to this court may seem fit and proper. 2. Facts leading to the institution of the writ petition are as follows: - That the land of Mouza- Tejkunipara under Police Station Tejgaon, previously Keranigonj, District Dha......This Case is also Reported in: 17 BLC (HCD) (2012) 511. ..Category: Property Law | Date: | Hits: 115
Moti Mia Alias Motin Vs. State, 2008, 37 CLC (HCD)
.... and other accused persons also gave blows on different parts of the body of victim Wahed and they also snatched away a wrist watch, cash Taka 700/- a electronic Torch light and some documents regard landed properties; that the witnesses came to the place of occurrence from bazar and saw the injured......d. Ed. This Case is also Reported in: 30 BLD (HCD) (2010) 87. ......………Opposite Parties Judgment December 17, 2008. Result: The Rule is discharged. Culpable homicide Section 299 of the Penal Code which deals with culpable homicide requires that there should an intention to cause death or knowledge that death is likely to be caused as a res......ember 17, 2008. Result: The Rule is discharged. Culpable homicide Section 299 of the Penal Code which deals with culpable homicide requires that there should an intention to cause death or knowledge that death is likely to be caused as a result of such injury and there is nothing in th..Category: Criminal Law | Date: | Hits: 66
....as such the same are in effective and not binding upon the plaintiffs and also for partition of the property as given in 'Ka', 'Kha' and 'Ga' schedule of the plaint stating, inter alia, that the suit land as given in schedule 'Ka', 'kha' and 'Ga' of the plaint was originally belonged to Bilat Ali Mo......oner
Vs.
Sher Mohammad being dead his heirs: 1(A) Most. Tara Bibi and others…………………..Opposite Parties
Judgment
August 5, 2009.
Result:
The Rule is made absolute.
Cases Referred to-
5 BLC (AD) 76; 10 MLR (AD) 200; 54 DLR 354; 19 BLD (AD) 240,; 2 MLR (AD) 16; 52......assed by the learned Assistant Judge, Gomestapur, Nawabgonj in other Class Suit No.38 of 1987 decreeing the suit should not be set aside.
2. The brief facts relevant for disposal of this Rule are that the petitioners as plaintiffs instituted Other Class Suit No.38 of 1987 in the Court of Assistan......24; 17 BLD (AD) 294; PLD 1958 (SC) 115; Safaruddin and others Vs. Fazlul Huq and others, 49 DLR (AD) 151.
Lawyers Involved:
Abul Quasem with Shahadat Tanveer Amin with A.U. Ahmed, Advocates - For the petitioners.
Md. Mozammel Haque, Advocate - For the Opposite parties.
Civil Revision No..
Category: Property Law | Date: | Hits: 66
Md. Ragib Hasan Khan @ Munu Vs. State and another, 2009, 38 CLC (HCD)
....d the counter affidavit in opposition filed the opposite party No.1 and submits that against the said loan accused Nos. 1, Md. Salim Khan and 2 Md. Shahabuddin made a mortgage deed of their homestead land in favour of the bank and also made registered General Ammokhtarnama being registration No.2850......is also Reported in: 30 BLD (HCD) (2010) 353. ......uly 6, 2009. Result: The Rule is discharged. The Code of Criminal Procedure, 1898 (Act No. V of 1898); section 561A Extent of section 561A Cr.P.C. Section 561A of the Code provides that nothing in the Code of Criminal Procedure shall be deemed to limit or affect the inherent power ......inal Procedure, 1898 (Act No. V of 1898); section 561A Extent of section 561A Cr.P.C. Section 561A of the Code provides that nothing in the Code of Criminal Procedure shall be deemed to limit or affect the inherent power of the court to make such order as may be necessary to give effect to a..Category: Procedural Law | Date: | Hits: 79
Aleka Khatun and others Vs. Government of Bangladesh, 2004, 33 CLC (HCD)
....ade without lawful authority, illegal, without jurisdiction and is of no legal effect and the respondents should not be restrained from disturbing the possession of the petitioners over the scheduled land. 2. It has been stated in the Writ Petition that Government acquired 1.17 acres of land from......………………………..Petitioners Vs. Government of Bangladesh ………………………. Respondent Judgment May 24, 2004. Result: The Rule is discharged without any order as to cost. Disputed question of fact and writ jurisdiction of the High Court Division Disput......is Case is also Reported in: 61 DLR (HCD) (2009) 693. ......ers…………………………..Petitioners Vs. Government of Bangladesh ………………………. Respondent Judgment May 24, 2004. Result: The Rule is discharged without any order as to cost. Disputed question of fact and writ jurisdiction of the High Court Division ..Category: Property Law | Date: | Hits: 69
Alam Taj Begum @ Monowar Begum & others Vs. Nimai Chandra Roy, 2009, 38 CLC (HCD)
....posite party No. 1 as plaintiff instituted Title Suit No. 115/98 before the Court of Senior Assistant Judge, Borguna Sadar, Borguna praying for declaration of title stating, inter alia, that the suit land is 6 decimals of land of Plot No.351 which belonged to Rajendra Chandra who died leaving 4 (fou...... @ Monowar Begum & others…...Petitioners Vs. Nimai Chandra Roy………………….Opposite Party Judgment August 9, 2009. Result: The Rule is made absolute without any order as to costs. Case Referred to- Sultan Ahmed Vs. Fazlul Kabir, 5 DLR 383. Lawyers Involved&......llows: The opposite party No. 1 as plaintiff instituted Title Suit No. 115/98 before the Court of Senior Assistant Judge, Borguna Sadar, Borguna praying for declaration of title stating, inter alia, that the suit land is 6 decimals of land of Plot No.351 which belonged to Rajendra Chandra who died l...... Begum @ Monowar Begum & others…...Petitioners Vs. Nimai Chandra Roy………………….Opposite Party Judgment August 9, 2009. Result: The Rule is made absolute without any order as to costs. Case Referred to- Sultan Ahmed Vs. Fazlul Kabir, 5 DLR 383. Lawyers Inv..Category: Procedural Law | Date: | Hits: 69
Abdul Quddus Vs. Mobarak Hossain, 1996, 25 CLC (HCD)
....ioner as defendant has been contesting the suit by filing written statements. His contention is that the Cinema Hall was already renamed as Bijoy Cinema Hall and it is situated on his self‑acquired land and is under his possession. The plaintiff has no manner of title or possession in the same. Th......The discretion under section 151 of the Code of Civil Procedure, 1908 can be exercise for the ends of justice and when there is a mistake of the Court………………………..(9, 11 & 12) Cases Referred to- Syed Azizul Hoque alias Nanna Meah Vs. Sonall Bank, 1990 BLD 247; Aynuddin and ......bu Sayeed Ahammed J.- In this Rule, the opposite party 1 Md. Mobarak Hossain filed Other Class Suit 22 of 1987 in the Court of Munsif, Shahzadpur, Serajganj for permanent injunction on the averments that Dilruba Cinema Hall is located at Shahzadpur town on the paternal property of the plaintiff. His....... Result: The Rule is discharged. The Code of Civil Procedure, 1908 (Act No. V of 1908); section 151 The discretion under section 151 of the Code of Civil Procedure, 1908 can be exercise for the ends of justice and when there is a mistake of the Court………………………..(9, 11 &..Category: Procedural Law | Date: | Hits: 82
Arzan @ Iman Ali Vs. State, 1996, 25 CLC (HCD)
....ion with any other case. Accused Fazlul Huq, against whom the order of warrant of arrest was issued, the same be revoked or withdrawn. Ed. This Case is also Reported in:48 DLR (HCD) (1996) 287. ......r withdrawn. Ed. This Case is also Reported in:48 DLR (HCD) (1996) 287. ......No.1064 of 1992 and Jail Appeal being Jail Appeal No.823 of 1993 are allowed. The Penal Code, 1860 (XLV of 1860), section 396 Ingredients of Section 396 The three main ingredients of - (1) that there should be a commission of dacoity; (2) that in course of commission of such dacoity a murd......hould be a commission of dacoity; (2) that in course of commission of such dacoity a murder is committed and (2) that each and every member of such dacoity numbering over 5 are constructively liable for commission of the offence………………………………..(9) Use of the word ‘murder..Category: Criminal Law | Date: | Hits: 75
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