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Circle Officer, Sutrapur Vs. Mohammad, 1989, 18 CLC (HCD)

....ould not be set aside. 2. The facts of the case are that the opposite parties as plaintiffs instituted a suit being Title Suit No. 68 of 1986 in the First Court of Subordinate Judge, Dhaka for a declaration of their 16 annas title to the suit property being a pond having an area of 8640 acre of...... the Rule is made absolute without any order as to cost. Let a copy of this judgment be sent to the District Judge, Dhaka immediately. Ed. This Case is also Reported in: 43 DLR (1991) 84. ......tion of budget and sanction of fund by the relevant Ministry under a particular head are involved and as such Government requires longer time in making the decision and then in processing the matter. Bangladesh Vs. Zahiruddin 1986 BLD (AD) 180 referred......... (9) Right of appeal – Unive..

Category: Limitation Law | Date: 9 Aug, 1989 | Hits: 178

Sree Birendra Nath Singh and others Vs. Md. Mokbul Shah and others, 1989, 18 CLC (HCD)

.... the learned Munsif Mahadebpur Upazilla in Other Class Suit No.11 of 1984. 2. Facts giving rise to this Rule may briefly be stated as follows: 3. Plaintiff‑Petitioners instituted suit for declaration of title to the land described in the schedule of the plaint. Plaintiff‑Petitioners fi......erference. In the result, the Rule is discharged without any order as to costs. Send down the lower Court‑records at once. Ed. This Case is also Reported in: 43 DLR (1991) 77. ......erference. In the result, the Rule is discharged without any order as to costs. Send down the lower Court‑records at once. Ed. This Case is also Reported in: 43 DLR (1991) 77. ..

Category: Property Law | Date: 2 Aug, 1989 | Hits: 78

AK Banik & Khokan Kumar Saha Vs. M. Karim & another, 1989, 18 CLC (HCD)

....bsequently may be accepted. Let a copy of this judgment be forwarded to the Secretary, Ministry of Home Affairs forthwith. Ed. This Case is also Reported in: 42 DLR (HD) (1990) 122. ......bsequently may be accepted. Let a copy of this judgment be forwarded to the Secretary, Ministry of Home Affairs forthwith. Ed. This Case is also Reported in: 42 DLR (HD) (1990) 122. ......cretary, Ministry of Home Affairs ad­vised the Deputy Inspector General of Prisons of all the Divisions of the Superintendent of Jails in Ban­gladesh through the Inspector General of Prisons, Bangladesh, that the Jail authority is to release the detenu in pursuance of the order of the Suprem..

Category: Contempt of Court Law, Criminal Law | Date: 11 Jun, 1989 | Hits: 102

Meher Ali Vs. A.K. Murshid and others, 1989, 18 CLC (HCD)

....d Title Suit No.56/84 in the Court of Subordinate Judge, Narayanganj against the defendant opposite parties A.K. Murshed, Full Chand Mia, Rahatan, Milan Mia, Razzak and Aklima praying for a decree of declaration of plaintiffs title in .16 acre of plot No.131 (Shabek Pukurpar-at present bhiti) and .2......inate Judge, Narayanganj is directed to dispose of T.S. No.56 of 1984 in accordance with law as expeditiously as pos­sible. Ed. This Case is also Reported in: 42 DLR (HCD) (1990) 357. ...... Murshid and others...................................Respondents Judgment May 25, 1989. Result: The Rule is made absolute. Cases Referred to- Nasiruddin Vs. Govt. of Bangladesh & ors. 32 DLR (AD) 216; Khondoker Ehteshamuddin Ahmed @ Iqbal Vs. Bangladesh and othe..

Category: Tenancy Law | Date: 25 May, 1989 | Hits: 152

Inspector, Railway Nirapatta Bahini, Bangladesh Railway, Khulna and others Vs. Sohrab Ali, 1989, 18 CLC (HCD)

....that he was a prohari (Guard) bearing No. 8394 in the Bangladesh Nirapatta Bahini, but he was illegally suspended from his service by the departmental authority. Hence he filed the instant suit for a declaration to the effect that the impugned order of suspension was bad, illegal, void and not bindi......order as to costs. The order of stay is vacated. Let the suit be disposed of in accordance with law as expeditiously as possible. Ed. This Case is also Reported in: 43 DLR (1991) 79. ......is also Reported in: 43 DLR (1991) 79. ..

Category: Employment/Service Law | Date: 18 Apr, 1989 | Hits: 87

Niropoma Ritchel Vs. Mohammad Abdul Jalil Mea & others, 1989, 18 CLC (HCD)

....r Rahman J.- This appeal is di­rected against the Judgment and decree passed by the Additional Court of Subordinate Judge, Mymensingh in O.C. Suit No. 270/79 decreeing the plaintiffs suit for simple declaration of title. 2. The plaintiff filed a Suit for declaration of his title in the suit land......and the appeal is allowed without any order as to cost and the suit is dismissed. Let the records of the case be sent down at once. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 467.......and the appeal is allowed without any order as to cost and the suit is dismissed. Let the records of the case be sent down at once. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 467...

Category: Contract Law | Date: 13 Mar, 1989 | Hits: 941

Sukhendra Chandra Das Vs. Secretary, Ministry of Home Affairs, Govt. of Bangladesh and Others, 1988, 17 CLC (HCD)

....fin A.I.R. 1916 (Privy Council) 242 the question of the age came up for consideration and therein Lord Shaw observed:— "Doctor's certificate which is only an assertion of opinion and the minor's declaration before the Magistrate as to age are no proof as to age." In the case of Moru Devi Vs.......t be sent at once to the Sessions Judge and the Deputy Commissioner, Narayanganj and also to the Upazila Magistrate Arai­hazar Upazila. Ed. This Case is also Reported in: 42 DLR (HD) (1990) 79. ......ent: Fazal Hussain Mohammad Habibur Rahman J Mahmudul Amin Chowdhury J Sukhendra Chandra Das..........................Petitioner Vs. The Secretary, Ministry of Home Affairs, Govt. of Bangladesh and Others……....Opposite Parties Judgment December 13, 1988. Result: T..

Category: Women and Children | Date: 13 Dec, 1988 | Hits: 193

Mohammad Meah Vs. Pubali Bank & others, 1988, 17 CLC (AD)

.... Order of the Court. By a majority decision the appeal is dismissed without order as to costs. Ed. This Case is also Reported in: 41 DLR (AD) (1989) 14.   ...... Order of the Court. By a majority decision the appeal is dismissed without order as to costs. Ed. This Case is also Reported in: 41 DLR (AD) (1989) 14.   ......lbemarle Supply Company, Limited Vs. Hind and Company (1928) 1 K.B. 307, Green Vs. All Motors Ltd. (1917, 1 K.B. 625), Koone vs. Thomas (1905) 1 K.B. 136, Cree v. All Motors Ltd., (1917, 1 K.B. 625). Bangladesh vs. Mohd. Abdur Razzak and another 28 DLR (AD), Hatton V. Car Maintenance Company, Limite..

Category: Contract Law | Date: 1 Sep, 1988 | Hits: 252

Mrs. Sajeda Parvin Banu Vs. Government of Bangla­desh and others, 1988, 17 CLC (AD)

....is satisfied that the accused will indulge in preju­dicial activities if he is allowed to remain at large. Ed. This Case is also Reported in: 40 DLR (AD) (1988) 178; BCR 1988 (AD) 89. ......is satisfied that the accused will indulge in preju­dicial activities if he is allowed to remain at large. Ed. This Case is also Reported in: 40 DLR (AD) (1988) 178; BCR 1988 (AD) 89. ......ppellant Vs. Government of Bangla­desh and others.........Respondents Judgment March 20, 1988. Result: The detention is held to be illegal. The Constitution of Bangladesh, 1972, Article 102 Materials were available to the detaining authority since March 1..

Category: Criminal Law | Date: 20 Mar, 1988 | Hits: 95

Sachindra Lal Das and others Vs. Hriday Ranjan Das, 1987, 16 CLC (AD)

....test on 23 June 1955. Chandra Bala, alleging that she was not bound by the decree in the Redemption suits, filed the instant suit, Other Suit No.88 of 1957 in the First Court of Munsif, Satkania, for declaration of her title to the suit land and confirmation of possession in 2nd/3rd share and recove......nciple of res judicata and dismissed the suit. In the result, the appeal is dismissed without however any order as to costs. Ed. This Case is also Reported in: 40 DLR (AD) (1988) 56. ......nciple of res judicata and dismissed the suit. In the result, the appeal is dismissed without however any order as to costs. Ed. This Case is also Reported in: 40 DLR (AD) (1988) 56. ..

Category: Civil Law, Procedural Law | Date: 20 Jul, 1987 | Hits: 106

Sreemati Parul Kusum Roy Vs. Bangladesh & others, 1987, 16 CLC (HCD)

....ly Parul Bala Roy and petitioner Parul Kusum Roy. After attaining majority Hrishikesh Roy relinquished his right in fa­vour of his said 2 aunts namely, Parul Bala Roy and the petitioner by a deed of declaration dated 05.05.63. Subsequently Parul Bala Roy and the petitioner brought O.C. Suit No.11 o......declared to have been passed without any lawful authority and to be no legal effect. Bimalendu Bikash Roy Chowdhury J. - I agree. Ed. This Case is also Reported in: 39 DLR (HCD) (1987) 389. ......on (Special Original Jurisdiction) Present: Amin-Ur-Rahman Khan J Bimalendu Bikash Roy Chowdhury J Sreemati Parul Kusum Roy…………………………………Petitioner Vs. Bangladesh & others…………………………………………..Respondents Judgment ..

Category: Property Law | Date: 22 Mar, 1987 | Hits: 13

Md. Nurul Haque Vs. Sonali Bank of Bangladesh & another, 1986, 15 CLC (HCD)

....der section 115(1) C.P.C. The application is, therefore, summarily re­jected. Anwarul Hoque Chowdhury J.—I agree. Ed. This Case is also Reported in: 39 DLR (HCD) (1987) 223. ......der section 115(1) C.P.C. The application is, therefore, summarily re­jected. Anwarul Hoque Chowdhury J.—I agree. Ed. This Case is also Reported in: 39 DLR (HCD) (1987) 223. ...... Present: Fazle Hussain Moham­mad Habibur Rahman J Anwarul Haque Chowdhury J Md. Nurul Haque…………………………………...........Petitioner Vs. Sonali Bank of Bangladesh & another………….Respondents Judgment November 19, 1986. Result:..

Category: Criminal Law | Date: 19 Nov, 1986 | Hits: 24

Subitri Bari Vs. Assistant Custodian of Enemy Property & Additional Deputy Commissioner (Rev) Patuakhali & others, 1986, 15 CLC (HCD)

....s:- One Taramoni, the mother of defendant No.1 Sabitri Barai instituted a suit being Title Suit No.397 of 1961 in the 1st Court of Munsif, Patuakhali against opposite party No.2 Surendra Nath Sen for declaration of her Title to 5175 acre of land recorded in plot Nos.7048, 7049, 7030, 7051 and 7047 a......evidence that may be adduced be­fore him. Bimaleodu Bikash Roy Chowdhury J. - I, however, make no order as to cost. Ed. This Case is also Reported in: 39 DLR (HCD) (1987) 172. ......others……………………Opposite-parties Judgment September 16, 1986. Result: The Rule is made absolute. Cases Referred to- Bangladesh Enemy Property Management Board and others Vs. Md. Abdul Majid, 27 DLR (AD) 52; M/S. Dull..

Category: Evidence Law | Date: 16 Sep, 1986 | Hits: 259

Sarping Matshajibi Samabaya Samiti Ltd. Vs. Bangladesh and others, 1986, 15 CLC (HCD)

....pur Fishermen's Co-operative Society Ltd. By way of extension without any notice to the petitioner. The petitioner thereafter filed a Writ petition being Writ petition No.19 of 1982 praying for a declaration that the cancellation of the lease of the petitioner and extending the lease of Basirpur......eration of this judg­ment and order be stayed for a period of two months from today. Sultan Hossain Khan J.- I agree. Ed. This Case is also Reported in: 39 DLR (HCD) (1987) 78. ......(Special Original Jurisdiction) Present: S Hossain Khan J Anwarul Haque Chowdhury J Sarping Matshajibi Samabaya Samiti Ltd…………Petitioner Vs. Bangladesh represen­ted by the Secretary, Ministry of Land Administration and Land Reforms, and ..

Category: Tenancy Law | Date: 23 Apr, 1986 | Hits: 247

Reajuddin and another Vs. Azimuddin@ Abdul Aziz and others, 1986, 15 CLC (HCD)

....of 1974. 2.The plaintiff instituted this suit for esta­blishment of title and confirmation of possession or in the alternative for recovery of khas poss­ession in the suit land and for a declaration that the order made in vested Property case in respect of the suit land was illegal. His......ent of the learned Lower Appellate Court it affirmed. In the result, the Rule is discharged without any order as to costs. Ed. This Case is also Reported in: 39 DLR (HCD)(1987) 228. ...... or records of the acts— (1) of the sovereign authority, (ii) of official bodies and tribunals, and (iii) of public officers, legislative, judicial and executive of any part of Bangladesh or of the Commonwealth, or of a foreign country. 2) Public records kept in Banglades..

Category: Evidence Law | Date: 3 Apr, 1986 | Hits: 8

Ruhul Amin Vs. The State, 1986, 15 CLC (HCD)

....cord be sent down with a copy of this order at once. Md. Abdul Jalil J.—I agree. Ed. This Case is also Reported in: 38 DLR (HCD) (1986) 166.       ......cord be sent down with a copy of this order at once. Md. Abdul Jalil J.—I agree. Ed. This Case is also Reported in: 38 DLR (HCD) (1986) 166.       ...... James Gardner Vs. Edward A. Lucas, (1878) 3 A 532; Colonial Sugar Refining Co. Vs. Irving 1905 AC 369; Delhi Cloth and General Mills. Co. Ltd. Vs. Income-Tax Commissioner, Delhi, AIR 1927 PC 242; Bangladesh Vs. Abdul Mannan and others, 29 DLR (SC) 17. Lawyers Involved: Syed Mohammad Al..

Category: Criminal Law, Procedural Law | Date: 19 Mar, 1986 | Hits: 3

Mst. Ayesha Sultana @ Minu Vs. Md. Shahjahan Ali, 1986, 15 CLC (HCD)

....ce to pay a fine of Tk. 1000/- in default to suffer simple imprisonment for three months. Latifur Rahman J.—I agree. Ed. This Case is also Reported in: 38 DLR (HCD) (1986) 140. ......ce to pay a fine of Tk. 1000/- in default to suffer simple imprisonment for three months. Latifur Rahman J.—I agree. Ed. This Case is also Reported in: 38 DLR (HCD) (1986) 140. ......s Judge overlooked the provision of law inas­much as after the promulgation of P.O. 7 of 1972 dissolving local Council and Municipal Committees the Government of the Peo­ple's Republic of Bangladesh by an Extra Ordinary Gazette Notification dated 20th November, 1972 appointed the Adminis..

Category: Family Law | Date: 17 Mar, 1986 | Hits: 1

Shaikh Obaidul Haq Vs. The State & another, 1986, 15 CLC (HCD)

....itioner and the Opposite party refused to supply paint to the petitioner. The peti­tioner then instituted a declaratory suit No.416 of 1981 in the 3rd Court of Subordi­nate Judge at Dhaka for declaration that the refusal to supply the paints to the petitioner was illegal being in violation o......li­tan Magistrate, Dhaka be quashed. Latifur Rahman, J.—I agree. Ed. This Case is also Reported in: 38 DLR (HCD) (1986) 105.         ......mmending quashment of the said Criminal Case. 3. The petitioner's case is that he was the Managing director of Dhaka Paints Limi­ted which was the principal agent dealer of Berger Paints Bangladesh Limited of which the Opposite party is the Regional Sales Manager. As the appointed agent..

Category: Criminal Law | Date: 20 Feb, 1986 | Hits: 1

Mrs. Shahar Banoo Ziwar Sultana Beyad Vs. Mrs. Wahida Khan & 5 others, 1986, 15 CLC (HCD)

.... absolute and the impugned order is set aside. The Criminal proceeding will continue as usual. Latifur Rahman, J.- I agree. Ed. This Case is also Reported in:38 DLR (HCD) (1986) 132. ...... absolute and the impugned order is set aside. The Criminal proceeding will continue as usual. Latifur Rahman, J.- I agree. Ed. This Case is also Reported in:38 DLR (HCD) (1986) 132. ......fic Per­formance of Contract against the present petitioner on the basis of the forged Bainapatra and also obtained an ex-parte decree by suppressing summons from the petitioner. On her return to Bangladesh she became aware of the forgery and thereupon she made an application in the Civil Court ..

Category: Procedural Law | Date: 14 Feb, 1986 | Hits: 31

Sakya Pada Barua & others Vs. The State and others, 1986, 15 CLC (HCD)

....urul Mostafa and Nurul Amin are discharged from their bail bonds. Md. Abdul Jalil J.—I agree. Ed. This Case is also Reported in: 38 DLR (HCD) (1986) 86.     ......urul Mostafa and Nurul Amin are discharged from their bail bonds. Md. Abdul Jalil J.—I agree. Ed. This Case is also Reported in: 38 DLR (HCD) (1986) 86.     ......udgment January 12, 1986. Result: The Rule is made absolute. Cases Referred to- Abul Hossain and others Vs. The State, 37 DLR 59; Adnan Afzal Vs. Sher Afzal, 21 DLR (SC) 123; Bangladesh Vs. Shahjahan Siraj, 32 DLR (AD) 1; Colonial Sugar Refining Co. Vs. Irving, 1905 AC 369 D..

Category: Criminal Law | Date: 12 Jan, 1986 | Hits: 1