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Amir Hossain Sowdagar Vs. Md. Harunur Rashid and others, 2013, 42 CLC (AD)

....onsideration should be paid on the signing of the deed and, in default of payment within the stipulated time, the earnest money would be for­feited and the vendor would have the right to sell the land. In the facts of the given case, their Lordship were of the opinion that section 55 of the Cont......, without however, any order as to costs. Ed. This Case is also Reported in: 65 DLR (AD) (2013) 130. ......ismissed. The appeal is dismissed with the above mod­ification of the judgment, without however, any order as to costs. Ed. This Case is also Reported in: 65 DLR (AD) (2013) 130. ..

Category: Contract Law | Date: 20 Feb, 2013 | Hits: 42

Shamir Chandra Sajwal and others Vs. Government of Bangladesh, 2013, 42 CLC (HCD)

....set-aside and/or pass such other order 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, the land measuring 1.92 acres appertaining to CS Khatian No.3 in plot No.272 of Mouza-Shaheber Char, und......C (HCD) (2013) 386.   ......no order as to costs. 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: 18 BLC (HCD) (2013) 386.   ..

Category: Procedural Law | Date: 13 Feb, 2013 | Hits: 8

Abdullah-al-Noman Vs. State and another, 2013, 42 CLC (HCD)

.... letter dated 25-4-2000 issued by the Government for the purpose of prosecution against the accused-petitioner under section 4(2) of the Anti-Corruption Act, 1957 is mechanical one and this being the landscape, the impugned proceedings being abuse of the process of the Court should be quashed. ...... a copy of this judgment be transmitted to the concerned court below at once. Ed. This Case is also Reported in: 65 DLR (HCD) (2013) 156 ...... trial of the case in accordance with law. Let a copy of this judgment be transmitted to the concerned court below at once. Ed. This Case is also Reported in: 65 DLR (HCD) (2013) 156 ..

Category: Anti-Corruption Laws, Criminal Law | Date: 24 Jan, 2013 | Hits: 8

Paresh Chandra Biswas Vs. Shree Shree Shashan Kalimata Idol and others, 2013, 42 CLC (AD)

....peration, the villagers of Gandina Hindu Community established a temple and set up the image of Sree Sree Shashan Kalimata and had been performing religious rites. During settlement operation, some lands were recorded in the name of ex-landlord but in the remark column "Kodaldoha Kalibari by the......ave to Appeal is dismissed. Ed. This Case is also Reported in: 21 BLT (AD) (2013) 339.  ......ation of law and fact do not call for interference. Accordingly, this Civil Petition for Leave to Appeal is dismissed. Ed. This Case is also Reported in: 21 BLT (AD) (2013) 339.  ..

Category: Hindu Law | Date: 17 Jan, 2013 | Hits: 14

Mir Sharafat Ali Vs. Govemment of Bangladesh and others, 2013

....in the earlier judgment the empha­sis was laid on the request to protect the citizen, this judgment says that the main function of a passport is to control the exit. So a pass port, whether in England or in the United States of America' serves diverse purposes; it is a "request for prot......dgment. The office is directed to communicate the order at once. Ed. This Case is also Reported in: 65 DLR (HCD) (2013) 201 ......hin 2 (two) weeks time from the receipt of the copy this judgment. The office is directed to communicate the order at once. Ed. This Case is also Reported in: 65 DLR (HCD) (2013) 201 ..

Category: Constitutional Law | Date: 10 Jan, 2013 | Hits: 2

Shafiqul Alam (Md.) Vs. State, 2013, 42 CLC (HCD)

.... of complaint before the Magistrate, Chittagong, which was sent to the Kotwali Police Station and ultimately treated as FIR. It was alleged by the informant that the schedule property was a purchased land of the informant and his brother Gias Uddin. The informant-owner was busy with busi­ness af......end a copy of the judgment and order to the concerned Court below immediately. Ed. This Case is also Reported in: 65 DLR (HCD) (2013) 83 ......inst another accused in accordance with law. Send a copy of the judgment and order to the concerned Court below immediately. Ed. This Case is also Reported in: 65 DLR (HCD) (2013) 83 ..

Category: Criminal Law | Date: 10 Jan, 2013 | Hits: 4

Asaduzzaman Shahid Khan Vs. National Tea Company Ltd and others, 2013, 42 CLC (HCD)

.... shares, incorporated in the year 1978 under the Companies Act 1913 the government and its financial organizations hold major shares in the company; it has 12 Tea Estates having 10,949.58 hectares of land, out of which more than 50% area is under tea plantation. NTC is one of the major tea producing......r be send to the Registrar of the Joint Stock Companies arid Firms. Ed. This Case is also Reported in: 18 BLC (HCD) (2013)110. ......ost will be borne by the company: Let a copy of the order be send to the Registrar of the Joint Stock Companies arid Firms. Ed. This Case is also Reported in: 18 BLC (HCD) (2013)110. ..

Category: Company Law | Date: 9 Jan, 2013 | Hits: 13

Habibur Rahman @ Habu and others Vs. State, 2013, 42 CLC (AD)

....when the victim along with his brothers was returning home after working in their field, which is situated towards the southern side of Mirzapur C & B road, the appellants trespassed into their land with deadly weapons, assaulted the informant, (P.W.3), Muslem Mia (P.W.11) and the victim Sukk......onnection with any other case. Ed. This Case is also Reported in: 18 MLR (AD) (2013) 108; 18 BLC (AD) (2013) 218.  ...... of the charges and they be set at liberty if not wanted in connection with any other case. Ed. This Case is also Reported in: 18 MLR (AD) (2013) 108; 18 BLC (AD) (2013) 218.  ..

Category: Procedural Law | Date: 9 Jan, 2013 | Hits: 10

Ramala Khatun & another Vs. Baitul Aman Co-operative Housing Society Ltd. and others, 2012, 41 CLC (HCD)

....d the fact that the suit was filed as back as on 11-9-1984 and defendant No.8 filed the application for holding local investigation after cross-examination of the 3(three) witnesses of the plaintiffs land thus took dilatory tactics to delay the disposal of the suit. 15. In the above context, we......suit as expeditiously as possible. Ed. This Case is also Reported in: 18 BLC (AD) (2013) 104. ......peal No. 928 of 2009 as plaintiffs filed Title Suit No.285 of 1984 (name of the Court not available from the record) against the respondents impleading them as defendant Nos.1-13 for partition of the ejmali immovable property. Subsequently, the suit being transferred to the Court of Sub-ordinate Jud..

Category: Procedural Law | Date: 5 Dec, 2012 | Hits: 75

Abdul Mannan Bhuiyan & others Vs. Md. Nasir Hossain, 2012, 41 CLC (AD)

....1998 against the defendants in the First Court of Joint District Judge, Narayanganj with prayer for declaration of title and recovery of possession. The plaintiffs' case, in brief, is that the entire land of CS Plot No.158 measuring 0.93 acre including the land of the 'ka' schedule measuring 0.14 ac......ition for leave to appeal is dismissed. Ed. This Case is also Reported in: 18 BLC (AD) (2013) 44. ......facts do not call for interference by this Division. Accordingly, this civil petition for leave to appeal is dismissed. Ed. This Case is also Reported in: 18 BLC (AD) (2013) 44. ..

Category: Property Law | Date: 2 Dec, 2012 | Hits: 35

Esrarul Huq Chowdhury Vs. Md. Amir Hossain, Advocate and another, 2012, 41 CLC (AD)

....se No.235 of 1997 was filed by the appellant and his brothers before the Assistant Settlement Officer, Dagonbhuiyan, Noakhali praying for correction of recent survey map in respect of their inherited landed property. The objection case was fixed for hearing on 03.06.1997 but the appellant being unaw......d. This Case is also Reported in: 21 BLT (AD) (2013) 313,66 DLR (AD) (2014) 1.   ...... 5 (five) years is set aside and that passed by the Tribunal in the complaint case is restored. Ed. This Case is also Reported in: 21 BLT (AD) (2013) 313,66 DLR (AD) (2014) 1.   ..

Category: Others | Date: 28 Nov, 2012 | Hits: 23

Syeda Sajeda Chowdhury Vs. State, 2012, 41 CLC (HCD)

....e petitioner concealed Tk. 9, 01,287 in her wealth statement. 8. The ACC failed to discover through its investigation that the aforementioned house was built jointly with other co-owners of the land on which the said house was built. Furthermore, the said amount was shown in the Income Tax Ret......tant petition was filed, no legal complication arises. Farid Ahmed J. - I agree. Ed. This Case is also Reported in: ......ite. Since the said Writ Petition was withdrawn before the instant petition was filed, no legal complication arises. Farid Ahmed J. - I agree. Ed. This Case is also Reported in: ..

Category: Anti-Corruption Laws | Date: 28 Nov, 2012 | Hits: 77

Md. Aminullah and others Vs. Serajul Huq and others, 2012, 41 CLC (AD)

....t, 1950 (East Bengal Act No. XXVIII of 1951); section 96 In a case of pre-emption filed under section 24 of the Non-Agricultural Tenancy Act if a co-sharer tenant owns a portion of land in any plot, he is to be treated as co-sharer in the entire plot even if the land of that plot......ere is no order as to costs. Ed. This Case is also Reported in: 18 MLR (AD) (2013) 131. ......n is set aside and the impugned judgment and order passed by the appellate Court is restored. There is no order as to costs. Ed. This Case is also Reported in: 18 MLR (AD) (2013) 131. ..

Category: Property Law | Date: 21 Nov, 2012 | Hits: 27

Khorshed and another Vs. State, 2012, 41 CLC (HCD)

..... Khorshed with a view to killing Nasima out of family misunderstanding. Pursunt to the plan, on 26-9-2000, Tipu took away his wife Nasima accompanied by the accused Shahid and Khorshed to the raised land (টেক) at Solia Mouza at a distance of about 1,000 yards to the south of Moulana Bhashanni......udgment be sent down at once. Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 241         ......the lower Court records along with a copy of this judgment be sent down at once. Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 241         ..

Category: Criminal Law | Date: 20 Nov, 2012 | Hits: 8

Maleka Khatun Vs. Bangladesh and others, 2012, 41 CLC (HCD)

....ce, 1970 (Ordinance 24 of 1970) issued by the Senior Assistant Commissioner, Vested Property Cell, Office of the Deputy Commissioner, Dhaka asking the petitioner and two others to handover a piece of land after removing the structures standing thereon within seven days from receipt of the notice (An......ty and is of no legal effect. Mohammad Bazlur Rahman J.- I agree. Ed. This Case is also Reported in: ......ates to the writ petitioner is declared to have been issued without lawful authority and is of no legal effect. Mohammad Bazlur Rahman J.- I agree. Ed. This Case is also Reported in: ..

Category: Property Law | Date: 18 Nov, 2012 | Hits: 133

Nahida Sultana Vs. Bazlur Rahman Khan and others, 2012, 41 CLC (HCD)

....s case No.75 of 1996 under section 96 of the State Acquisition and Tenancy Act on the allegation that the opposite-party No. 3 is a co-sharer by inheritance in the case jote, who transferred the case land to opposite-party Nos. 1 and 2 by a so-called deed of exchange in order to defeat the right of ......others......Respondents Judgment November 14, 2012. Result: The appeal is allowed. Re-admit of Appeal- Whether the appellant was prevented by sufficient cause from appearing before the Court- The question of considering the matter of re-admission of an appeal befor...... Let a copy of the Judgment along with recon­structed case record by sent down at once. Ed. This Case is also Reported in: 65 DLR (HCD) (2013) 134       ..

Category: Civil Law, Procedural Law | Date: 14 Nov, 2012 | Hits: 2

Shamsul Kabir Humayun Reza Vs. Anwarul Hasan and Others, 2012, 41 CLC (AD)

....ent in 1951 as an Assistant Engineer under the then Government of Pakistan. While serving in C&B department, Engineer Shamsul Kabir Humayun Reza of 157, Bara Mogbazar purchased 10 (ten) kathas of land at Bara Mogbazar by a registered deed dated 28-9-1957 being deed No.9847. Subsequently, he by a......ccordingly, the petitions are dismissed. Ed. This Case is also Reported in: 66 DLR (AD) (2014) 37. ......etter for the inhabitants of Dhaka City." We find no merits in the petitions. Accordingly, the petitions are dismissed. Ed. This Case is also Reported in: 66 DLR (AD) (2014) 37. ..

Category: Evidence Law, Property Law | Date: 12 Nov, 2012 | Hits: 37

Advocate Asaduzzaman Siddiqui Vs. Bangladesh and others, 2012, 41 CLC (HCD)

....nstitutional Courts intervene in these types of matter in order to oblige the law enforcing agencies to initiate criminal proceedings against the offenders. In view of the fact that, in the case at land, the victim herself has lodged the F.I.R. before issuance of the instant Rule and the principl......der the submission of the learned advocate Mr. Manzill Murshid as discussed above. Ed. This Case is also Reported in: ......the case in accordance with law and it shall be at liberty to consider the submission of the learned advocate Mr. Manzill Murshid as discussed above. Ed. This Case is also Reported in: ..

Category: Women and Children | Date: 8 Nov, 2012 | Hits: 10

Khan Matarhar and another Vs. Nirmalendu Mondal and others, 2012, 41 CLC (AD)

.... discharging the rule. 2. The plaintiff-respondent Nos.1 to 5 filed Title Suit No.77 of 1998 in the court of Senior Assistant Judge, Rampal, Bagerhat for declaration of their title in the suit land. 3. The case of the plaintiffs, in short, was that the suit land along with other lands o......this leave petition is dismissed. Ed. This Case is also Reported in: 18 MLR (AD) (2013) 92. ......before the appellate court below for getting an opportunity to prove their claim. Hence this leave petition is dismissed. Ed. This Case is also Reported in: 18 MLR (AD) (2013) 92. ..

Category: Property Law | Date: 18 Oct, 2012 | Hits: 4

Ibrahim (Md.) Vs. Government of the Peoples Republic of Bangladesh & others, 2012, 41 CLC (HCD)

....nd (b) approve proper places in any custom station for the loading and unloading of goods or any class of goods." Section 2 (iii) read with section 9 (b) of the Customs Act define Customs Inland Container Deport. Section 9 (b) stipulates; "The places which alone shall be land cus......In the result, the Rule is discharged. There is no order as to cost. Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 415. ......findings, we do not find any excellence in this Rule. In the result, the Rule is discharged. There is no order as to cost. Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 415. ..

Category: Admiralty Law or Maritime Law | Date: 16 Oct, 2012 | Hits: 9