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Director General, Bangladesh Railway and others Vs. Niaz Mohammad Ali and others, 2012, 41 CLC (AD)
....s that the respondent Nos.1-29 as writ petitioners, being in the service of Republic, had to go to Administrative Tribunal as stipulated in Article 117 of the Constitution and the High Court Division wrongly decided the matter when it has no jurisdiction to hear and decide the same. He next submits ......ration of Bangladesh Railway”. Security of Tk. 1000/- is to be deposited within 1 (one) month. Preparation of paper book, as prayed for, is dispensed with. This Case is also Reported in: ......in 1 (one) month. Preparation of paper book, as prayed for, is dispensed with. This Case is also Reported in: ......ration of Bangladesh Railway”. Security of Tk. 1000/- is to be deposited within 1 (one) month. Preparation of paper book, as prayed for, is dispensed with. This Case is also Reported in: ..Category: Employment/Service Law | Date: | Hits: 222
....ir Uddin and Ishak Miah vide Certificate Case No.24303 of 1958 and the auction took place on 02.06.1964; that after purchase Bashir Uddin and Ishak Miah got possession therein but the S.A. record was wrongly recorded in the name of Champa Debi; that the certificate purchaser Ishak Miah sold his 8 an...... and Ishak Miah vide Certificate Case No.24303 of 1958 and the auction took place on 02.06.1964; that after purchase Bashir Uddin and Ishak Miah got possession therein but the S.A. record was wrongly recorded in the name of Champa Debi; that the certificate purchaser Ishak Miah sold his 8 annas shar.......
Preparation of paper book, as prayed for, is dispensed with.
This Case is also Reported in:......ul Amin; that those shops were under possession of tenants and those tenants started paying rent to Nurul Amin; that Nurul Amin started Mutation Case No.467 of 1983-84 and got mutation and a separate khatian being No.1106 was opened; that Nurul Amin being in possession exchanged the suit land on 29..
Category: Property Law | Date: | Hits: 181
Ganendra Nath Mondal Vs. Kalipada Mondal and another, 2011, 40 CLC (HCD)
....ght of the observations made in this judgment. Send down the lower Court record at once with a copy of this judgment for compliance. Ed. This Case is also Reported in: 63 DLR (HCD) (2011) 449....... finding as quoted above which is no doubt an erroneous finding and such finding was possible by the learned District Judge only because of absence of assessment and evaluation of the deposition as recorded by the trial Court from the witnesses adduced by both the sides. 12. In this connectio...... of 1998. Judgment Nozrul Islam Chowdhury J.- The Opposite Party Nos. 1 and 2 as pre-emptor brought Miscellaneous Case No.59 of 1993 before the Senior Assistant Judge, Shyam Nagar, Satkhira seeking pre-emption of the case land under section 96 of the State Acquisition and Tenancy Act claimin......ght of the observations made in this judgment. Send down the lower Court record at once with a copy of this judgment for compliance. Ed. This Case is also Reported in: 63 DLR (HCD) (2011) 449...Category: Property Law | Date: | Hits: 79
Badiul Alam Vs. Md. Nurul Islam, 2002, 31 CLC (HCD)
....aneous Appeal No.386 of 1975 are set aside and that of the learned trial Court are allowed in the light of the observation made above. Ed. This Case is also Reported in: 55 DLR (HCD) (2003) 517.......aneous Appeal No.386 of 1975 are set aside and that of the learned trial Court are allowed in the light of the observation made above. Ed. This Case is also Reported in: 55 DLR (HCD) (2003) 517....... above. Ed. This Case is also Reported in: 55 DLR (HCD) (2003) 517.......n that Money Execution Case. The alleged purchase of the petitioner by the Kobala dated 25‑4‑1950 is fictitious, fraudulent, collusive and a mere paper transaction and the entire land of the case khatian along with other land auction sold were within the knowledge of the petitioner and for non t..Category: Property Law | Date: | Hits: 132
Haripada Mandal Vs. Bidhan Chandra Mondal, 2002, 31 CLC (HCD)
....ances of the case I direct the parties to bear their respective costs. Copy of this Judgment be transmitted to the Court concerned. Ed. This Case is also Reported in: 55 DLR (HCD) (2003) 515.......usion is highly disapproved. (Emphasis laid) 10. On conspectus, Rule arising out of a petition under section 115 of the Code carries merit. Rule, thus, is made absolute. Judgment dated 2-11‑1999 recorded by learned Subordinate Judge and Artha Rin Adalat, Kushtia in Miscellaneous Appeal No.5 of .........Petitioner Vs. Bidhan Chandra Mondal............................Opposite Party Judgment July 17, 2002. Result: The Rule is made absolute. Cases Referred to- Belayet Hossain and another Vs. Md. Abu Taher and others, 32 DLR (AD) 231. Lawyers Involved: Zaman Akter, A......ances of the case I direct the parties to bear their respective costs. Copy of this Judgment be transmitted to the Court concerned. Ed. This Case is also Reported in: 55 DLR (HCD) (2003) 515...Category: Procedural Law | Date: | Hits: 104
Rowshan Ara Begum and others Vs. Doctor's Chemical Works Ltd. & others, 1991, 20 CLC (HCD)
....lotted in favour of respondent Nos.2, 3 and 4 and the returns thereof are also illegal and Void and as such they are cancelled. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 371. ......otic manner. He holds no meetings of the Board of Directors. All decisions are taken by him arbitrarily. Whatever meeting of the Board of Directors were held he kept no minutes of such meeting and he recorded no observations, comments, deliberations and objections made by other directors. The Annual......e returns thereof are also illegal and Void and as such they are cancelled. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 371. ......lotted in favour of respondent Nos.2, 3 and 4 and the returns thereof are also illegal and Void and as such they are cancelled. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 371. ..Category: Company Law | Date: | Hits: 225
Hajee Abdul Latif Vs. Abdul Huq & others, 1991, 20 CLC (HCD)
....assment and expenses to the defendant. For the reasons stated above, this Rule is discharged without any order for costs. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 601. ......laintiffs filed the suit for permanent injunction for restraining the defendants from entering into the suit land. 4. The defendant appeared and filed written statement. His case is that jote recorded under CS Khatian No.285 of Mouza Mirpur along with other lands under different Khatians bel......The Rule is discharged without any order for costs. Case Referred To- Haji Nurul Islam Vs. Ashraf Ali and others, 30 DLR 215. Lawyers Involved: Miah Abdul Gafur with Abbasuddin Ahmed, Advocates ‑For the Petitioner. No one ‑ For the Opposite Parties. Civil Re......assment and expenses to the defendant. For the reasons stated above, this Rule is discharged without any order for costs. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 601. ..Category: Civil Law | Date: | Hits: 166
Anowar Hossain & others Vs. Abul Hossain Molla & others, 1991, 20 CLC (HCD)
....i continued to remain in possession of the entire land. It is further stated in the plaint that 1.28 acre of land described in schedule 'Cha’ to the plaint out of the entire land of Roushan Ali had wrongly been recorded in the name of the defendants in rent roll Khatian and taking advantage of the......o remain in possession of the entire land. It is further stated in the plaint that 1.28 acre of land described in schedule 'Cha’ to the plaint out of the entire land of Roushan Ali had wrongly been recorded in the name of the defendants in rent roll Khatian and taking advantage of the wrong entry ...... Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 597.......side and those of the decree and judgment passed by the trial Court are restored. In view of this fact I make no order as to cost. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 597...Category: Property Law | Date: | Hits: 122
State Vs. Abul Kalam Azad, 1995, 22 CLC (HCD)
....sed is absconding the sentence of imprisonment shall from the date of his apprehension by the police or surrender before the Court. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 103. ......occurred. Officer‑in‑Charge came to the scene of occurrence and seized one dagger, a dao cover and cover of knife and also a generator. 12. P.W.8 Anjum Ferdous is the Investigating Officer. He recorded the FIR on 5.12.88 at about 9‑45 PM as per statement made by Jannatul Ferdous and the cas...... shall from the date of his apprehension by the police or surrender before the Court. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 103. ......sed is absconding the sentence of imprisonment shall from the date of his apprehension by the police or surrender before the Court. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 103. ..Category: Criminal Law | Date: | Hits: 125
Munir Hossain and others Vs. Dhaka Water Supply and Sewerage Authority & others, 1995, 24 CLC (HCD)
....r the signature of the Secretary of the Authority within the period of 4 (four) months from the date. There is no order as to costs. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 121.......l seniority list of 1986 including the matter of fixation of seniority of the petitioners as Assistant Engineers as per provision of Regulations of 1969 of the Authority and the decision so taken was recorded in paragraph 8 of the proceedings of Agenda No.3 and the Authority, circulated the decision......in the period of 4 (four) months from the date. There is no order as to costs. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 121.......r the signature of the Secretary of the Authority within the period of 4 (four) months from the date. There is no order as to costs. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 121...Category: Employment/Service Law | Date: | Hits: 191
Misir Ullah (Md) Vs. Syed Khalilullah Malek others, 1995, 24 CLC (HCD)
....or the petitioners argued that the petitioners in the facts and circumstances of the case would apply for a review of the Judgment under Order 47, rule 1 of the Code of Civil Procedure (though it was wrongly described as under section 151 of the Code of Civil Procedure) and the petition dated 9.11.9......ed Abu Taiyab Abdul Wasay executed and registered a Wakf deed in the year 1948 on 16.8.1948 and subsequently renewed the Waqf deed on 17th Kartick 1357 BS. In SA operation the suit land was correctly recorded. As per petition of this defendant the suit property was enrolled and this defendant was ap...... Cases Referred to- Nazir Ahmed Vs. Rabibgr Rahman Miah and others, 7 DLR 192; 21 DLA (SC) 46; 15 CLJ Page 339; 28 DLR (AD) 127; 25 DLR 96. Lawyers Involved: A J Mohammad Ali with Md. Alauddin Biswas, Advocates ‑ For the Petitioners. Azizur Rahman Chowdhury, Advocate ‑ For the Oppos......ase is sent back to the District Judge Moulvi Bazar for re‑consideration and the Rule is made absolute without any order as to costs. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 117...Category: Trust/Waqf Law | Date: | Hits: 181
Moudud Ahmed Vs. State, 1995, 24 CLC (HCD)
....cisions which I have referred in my Judgment. In the result, I discharge this Rule. The prayer for certificate to appeal is refused. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 108.......though at the bar it was argued to have an opinion of the Court for the interpretation of Article 58(2) of the Constitution and he made the Rule absolute. Mr. Ruhul Amin, J, however, on examining the recorded of the case held that the charge framed under section 5(2) of Act II of 1947 cannot be said...... In the result, I discharge this Rule. The prayer for certificate to appeal is refused. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 108.......cisions which I have referred in my Judgment. In the result, I discharge this Rule. The prayer for certificate to appeal is refused. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 108...Category: Criminal Law | Date: | Hits: 111
Ajit Kumar Sarkar and others Vs. Radhakanta Sarkar and others, 1992, 21 CLC (HCD)
....e Penal Code pending against the accused‑petitioners in the court of the Upazila Magistrate Paikgacha, Khulna, is hereby quashed. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 533....... opposite party No.1 as defendant, who has been contesting the same by filing written statement. On 4.5.91 he came to learn from the local Tahsilder that petitioner No.2, the wife of petitioner No.1, recorded her name in pattan Case No.323 of 1990‑91 on the basis of a Kabala No.688 dated 23.2.91 s......rs in the court of the Upazila Magistrate Paikgacha, Khulna, is hereby quashed. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 533.......e Penal Code pending against the accused‑petitioners in the court of the Upazila Magistrate Paikgacha, Khulna, is hereby quashed. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 533...Category: Criminal Law | Date: | Hits: 142
Syed Ashfaque Hossain & others Vs. Bangladesh, 1989, 18 CLC (HCD)
....e whole of 5.80 acres all along, including the period from the date of auction upto the date of the aforesaid Kabala. 9. During the rent roll operations in 1958 the entire 5.80 acres of land was wrongly recorded in the names of Syed Ashraf Ali and his brother Syed Ankar Ali, the latter having n......of 5.80 acres all along, including the period from the date of auction upto the date of the aforesaid Kabala. 9. During the rent roll operations in 1958 the entire 5.80 acres of land was wrongly recorded in the names of Syed Ashraf Ali and his brother Syed Ankar Ali, the latter having no title ...... The Rule in Contempt Petition No.3 of 1987 is discharged. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 364. ......s of the petitioners to the extent of 5.80 acres as it originally stood. The Rule in Contempt Petition No.3 of 1987 is discharged. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 364. ..Category: Property Law | Date: | Hits: 129
Al-haj Mirza Shamsuddin Beg and others Vs. Bangladesh & another, 1989, 18 CLC (HCD)
....they should pay the costs in the Rules. In the result all the Rules Nisi are made absolute with costs against the respondent No.2. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 356.......si, arising out of common questions of fact and law, were heard together and will be disposed of by this common judgment. 2. Nawab Yusuf Road, French Road, English Road and Dolaikhal area were recorded in the C.S. Khatian in the name of the then Dhaka Municipality on behalf of the Emperor of ......isi are made absolute with costs against the respondent No.2. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 356.......they should pay the costs in the Rules. In the result all the Rules Nisi are made absolute with costs against the respondent No.2. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 356...Category: Property Law | Date: | Hits: 145
....d not leave this country in 1953. He stated that he purchased the suit property by two documents, Exts.4 and 4(a) on payment of the balance consideration Taka 30,000.00. He further stated that it was wrongly recorded in RS Khatian in the name of defendant No.2. Against this wrong recording, the plai......ty is illegal and without jurisdiction. It is the case of the plaintiff that the suit property originally belonged to Kailash Chandra Das, Nitta Nanda Das and Radhakanta Das and their names were duly recorded in CS Khatian. By amicable partition the present suit property fell in the share of Nitta N......pondents
Judgment
July 22, 1993.
Result:
The appeal is dismissed.
Lawyers Involved:
Md. Moksudur Rahman, Advocate ‑ For the Defendant-Appellant.
SS Halder, Advocate ‑ For Plaintiff‑Respondent.
Appeal from Original Decree No.26 of 1986.
Judgment
Mozammel Hoque J.-......nd the Judgment and decree passed by the trial Court are hereby affirmed.
Send down the LC records immediately to the trial Court.
Ed.
This Case is also Reported in: 48 DLR (HCD) (1996) 193.
..
Category: Property Law | Date: | Hits: 134
State Vs. Khalilur Rahman, 1995, 24 CLC (HCD)
....nced him to suffer RI for the period already undergone. He may be released forthwith if not wanted in connection with any other case. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 184. ......ed cannot escape his liability for committing such an offence although the act did precede a quarrel and the act was done or committed without any premeditation and in a heat of passion. The story as recorded in the First Information Report that the accused persons numbering about 20 trespassed into......ndergone. He may be released forthwith if not wanted in connection with any other case. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 184. ......nced him to suffer RI for the period already undergone. He may be released forthwith if not wanted in connection with any other case. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 184. ..Category: Criminal Law | Date: | Hits: 139
Shahjahan (Md.) Vs. State, 1999, 28 CLC (HCD)
.... into life imprisonment. The sentence of life imprisonment will start from the date when the accused will be apprehended or surrenders. Ed. This Case is also Reported in: 51 DLR (1999) (HCD) 373.......as tendered and not gross examined. P.W.12 Mozammel Hoque is a seizure list witness in the case. 5. Another seizure list witness also is P.W.14 Md. Shah Alam, P.W.15 Md. Abu Yousuf, Magistrate who recorded the statement of P.W.2 Md. Farid Hossain under section 164 of CrPC and P.W.16 Md. Mokbul Ho......imprisonment will start from the date when the accused will be apprehended or surrenders. Ed. This Case is also Reported in: 51 DLR (1999) (HCD) 373....... into life imprisonment. The sentence of life imprisonment will start from the date when the accused will be apprehended or surrenders. Ed. This Case is also Reported in: 51 DLR (1999) (HCD) 373...Category: Criminal Law | Date: | Hits: 130
Bangladesh General Insurance Co. Ltd. Vs. Chalna Marine Products Co. Ltd., 1999, 28 CLC (HCD)
....sult, the FA No.129 of 1995 is dismissed without any order as to costs. Send down the lower Court records of both the suits at once. Ed. This Case is also Reported in: 51 DLR (1999) (HCD) 357.......ক্ষণ করা হইতেছে।” 18. Exhibit ‘6’ is the log book maintained in the factory by the machine room operators where the date and time of public power failure has been recorded at 8-35 AM on 28-11-88 which has been overwritten in place of something else. 19. Exhibi......urt records of both the suits at once. Ed. This Case is also Reported in: 51 DLR (1999) (HCD) 357.......sult, the FA No.129 of 1995 is dismissed without any order as to costs. Send down the lower Court records of both the suits at once. Ed. This Case is also Reported in: 51 DLR (1999) (HCD) 357...Category: Business or Commercial Law | Date: | Hits: 522
State Vs. Md. Bachchu Miah @ Abdul Mannan and 5 others, 1998, 27 CLC (HCD)
....RI for 6 (six) months which we find they have already served out. They must be set at liberty at once, if not wanted in any other case. Ed. This Case is also Reported in: 51 DLR (1999) (HCD) 355.......Huq is the elder brother of the victim and he wrote the FIR, but he too did not support the prosecution case and was declared hostile by the prosecution. P.W.4 Kiran Chandra Roy is the Magistrate who recorded the confessional statements of two accused Bachchu and Jahangir Alam. P.W.5 Alamgir is the ......already served out. They must be set at liberty at once, if not wanted in any other case. Ed. This Case is also Reported in: 51 DLR (1999) (HCD) 355.......RI for 6 (six) months which we find they have already served out. They must be set at liberty at once, if not wanted in any other case. Ed. This Case is also Reported in: 51 DLR (1999) (HCD) 355...Category: Criminal Law | Date: | Hits: 129
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