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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....... case are, that the opposite party No.1 being complainant instituted the aforesaid complaint case in the court of the Upazila Magistrate, Paikgacha, on the allegations that he took lease of the case, land from one Amodini Dashi by an amalnama dated 7th Chaitra, 1356 BS and has been possessing the sa..Category: Criminal Law | Date: | Hits: 142
Nurul Huda Vs. Bahar Uddin & others, 1989, 18 CLC (HCD)
....of the Code in the then East Pakistan Act No. XXXVI of 1957, noted above, may take appropriate steps in the matter, if it so desires. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 395. ......n Case No.47(d)/82 preferred against the order dated 9.11.82 passed by Mr. Tayabur Rahman, Magistrate, 1st Class, Hatiya declaring the possession of the opposite party Nos.1 and 2 in the proceeding land in N.G.R. Case No.14/78 under section 145 of the Code of Criminal Procedure. 3. Both the pet..Category: Criminal Law | Date: | Hits: 158
MA Jahangir & another Vs. Abdul Malek & others, 1989, 18 CLC (HCD)
....e reasons stated above, I do not find of the any substance in this Rule. The Rule is discharged. There will be no order as to costs. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 389. ......lication for amendment was filed on 4.11.1985, in view of the disclosure of facts in the written statement filed on 4.3.1985 to the effect that the suit property includes also 13 decimals of gifted land appertaining to Mogi Survey plot No.5514 which was not mentioned in schedule I of the origina..Category: Procedural Law | Date: | Hits: 133
Shawai @ Mohammad Hussain & others Vs. State, 1989, 18 CLC (HCD)
....Khurshed and Sujan their appeal is dismissed and order of conviction is modified as indicated above but the sentence is maintained. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 373. ......h of them to transportation for life. 2. Short facts of the prosecution case is that on 24th Baishakh, 1383 B.S. corresponding to 7th May, 1976 the informant's brother Sona Miah went to plough his land in plot No.527 of Akberpur Mouza . At the time of his departure he told his brother, the inform..Category: Criminal Law | Date: | Hits: 128
Syed Ashfaque Hossain & others Vs. Bangladesh, 1989, 18 CLC (HCD)
....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. ......, gardens etc. wherein the petitioners have been living for generations now. The respondent No.4 Syed Mohsin Ali, his six brothers, two sisters and mother mutated their names in respect of the entire land of 5.80 acres of the above Khatian No.1358 on the basis of a registered Kabala No.5879 executed..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.......gment. 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 India as rent-free land (Nishkar) under Khatian No.16884. At that time the whole area was a vast tract of marshy land. ..Category: Property Law | Date: | Hits: 145
Muslim Halder (Md.) Vs. Hajrat Ali Halder & others, 1995, 24 CLC (HCD)
.... ভিটা”। 4. Upon the same Mr. Ali, submits that homestead is not included within agricultural holding as defined under section 2(13) of the Act which is as follows: "Holding' means a parcel or parcels of land or an undivided share thereof, held by a raiyat or an under‑raiyat and f...... be called the Act.) 2. Opposite parties 1 and 2 brought the case for pre‑emption within the statutory period of limitation on the ground that they are co‑sharers in the case holding. The case land was transferred by the opposite party 3 to stranger opposite party 1 on 13.7.79 without serving..Category: Property Law | Date: | Hits: 106
Hafiz Ahmed Vs. Ahmedur Rahman and others, 1995, 24 CLC (HCD)
....llowing the pre‑emption are set aside. The pre‑emption case is dismissed. No order as to costs. Send down the records at once. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 170. ...... failed to resist pre‑emption in both the Courts below under section 96 of the State Acquisition & Tenancy Act (which shall hereinafter be called the Act). 2. Nazamat Ali gifted the disputed land including his homestead measuring 0.70 acres to his daughter‑in‑law (son's wife) the opposi..Category: Property Law | Date: | Hits: 127
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.......ounsel for the condemned prisoner also cites another decision which is in the case of Shihabuddin Vs. State reported in PLD 1964 (SC) 177 = 16 DLR (SC) 269. In that case the murder was committed over land dispute and the Supreme Court altered the sentence of death into sentence of imprisonment for l..Category: Criminal Law | Date: | Hits: 130
Nazrul Islam and others Vs. State, 1999, 28 CLC (HCD)
....is directed to proceed with the case in accordance with law and dispose of the same expeditiously. Send down the LC records at once. Ed. This Case is also Reported in: 51 DLR (1999) (HCD) 368....... the remaining Taka 54,241.00 was misappropriated by the accused persons in collusion with one another. The project Chairman claimed that no amount was misappropriated and he purchased 23 decimals of land at Taka 40,000.00 for construction of a Tahshil Office in the concerned Union but, in fact, no ..Category: Criminal Law | Date: | Hits: 108
Ayat Steels Limited Vs. Mohammad Ali, 2011, 40 CLC (HCD)
.... Rule being CRNo.421 (fm) of 2010 also stands disposed of accordingly. Send down a Copy of this order to the trial Court, at once. Ed. This Case is also Reported in: 63 DLR (HCD) (2011) 417. ......n the said Execution Case No.340 of 2005 the property was sold to Mr. Mohammad Ali son of Badiur Rahman of Chittagong Commercial Area i.e. respondent No.1 herein (the suit property along with other land) vide order No.37 dated 17-4-2008 at a price of Taka 4,05,000,00 and the said sale was confirme..Category: Civil Law | Date: | Hits: 235
State Vs. Manik Bala, 1988, 17 CLC (HCD)
....s acquitted of the charge. Let the condemned prisoner be set at liberty forthwith if not wanted in connection with any other case. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 435.......hat Kanchan, Shahjahan, Barek and accused Serajul Hoque were his cousin brothers living in the same house with him. He stated that while he was suffering from insanity his cousin took 3-1/4 kani of land from him by registered deed without proper payment of consideration money. He further stated ..Category: Criminal Law | Date: | Hits: 142
Abul Hashem Khan & others Vs. Md. Shamsuddin Khan & others, 1989, 18 CLC (HCD)
....em. In the face of our findings in respect of Ext. W and Z series the application is not maintainable. Accordingly, it is rejected. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 415.......f Tk.45,000/-the plaintiffs were requesting the defendant No.1 to dissolve and reconstitute the partnership so that the plaintiffs could sell out their one storied building on 11 Kathas 8 Chhataks of land in Gulshan model town, Dhaka to make payment of the balance consideration of Tk.7,55,0007-as ..Category: Business or Commercial Law | Date: | Hits: 349
Khan Md. Ruhul Amin Vs. Chairman, Labour Court, Khulna and others, 1990, 19 CLC (HCD)
....id Ordinance, was not maintainable. 4. The respondent No. 2 in the affidavit-in-opposition has denied the assertions of the petitioner to the effect that the said school is an inseparable part and parcel of the Mill stating in para 7 thereof as hereunder: “It is stated that though the respon...... case be taken as a bar in that regard. With the above observations this Rule is discharged without, however, any order as to costs. Ed. This Case is also Reported in: 51 DLR (1999) (HCD) 347...Category: Labour and Industrial Law | Date: | Hits: 184
Muzaffar Ali and another Vs. Monwara Hospital & others, 1997, 26 CLC (HCD)
....lier by this Court on 8-5-95 is hereby vacated and the learned Court below is directed to proceed with the suit in accordance with law. Ed. This Case is also Reported in: 51 DLR (1999) (HCD) 341.......plaintiff has stated that although the said time was not the essence of the contract, the principal defendant Nos. 1 and 2 did not perform their obligation undertaken by them for the sale of the suit land as per agreement. On the contrary, the defendant Nos. 1 and 2 are trying to sell the Suit land ..Category: Procedural Law | Date: | Hits: 121
Abdul Kader Vs. Abdullah and others, 1998, 27 CLC (HCD)
....ordingly, the Rule is made absolute. The judgment and decree of the appellate Court is set aside. The suit is dismissed. No costs. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 435. ......1-9 instituted the suit for declaration that the order pussed by the Additional Deputy Commissioner Chittagong on 4-4-84 in Settlement Appeal Case 154 of 1981-82 cancelling the settlement of the suit land made earlier in favour of the plaintiff and the order dated 9-10-85 passed by the Additional. D..Category: Property Law | Date: | Hits: 105
Nurjahan Begum Vs. Government of the Peoples Republic of and others, 1998, 27 CLC (HCD)
.... 2-9-87 (Annexure H) and the notice dated 24-10-1987 (Annexure-J) within one month from the date of receipt of this judgment and order. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 426.......suance of the Rule the parties were directed to maintain status-quo in respect of possession of the property. 3. The short facts relevant are that CS Plot No.1009 measuring an area of 0.60 acre of land appertaining to CS Khatian No.225 of mouza Kafrul, JL No.268 under former PS Keraniganj was own..Category: Property Law | Date: | Hits: 156
Zagir Hussain Vs. Aminul Haque and others, 1999, 28 CLC (HCD)
....thin the said specified period. In the result the Rule is made absolute without any order as to costs and send down the record at once. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 425.......plication under section 115(1) of the Code of Civil Procedure the petitioner stated, inter alia, that Partition Suit No.37 of 1991 between the parties was decreed on compromise in respect of the suit land against which Execution Case No.32 of 1993 was instituted. During the pendency of the same the ..Category: Procedural Law | Date: | Hits: 178
Abdur Rahman Vs. Sajjadur Rahman, 1999, 28 CLC (HCD)
....is set aside without any order as to costs. The trial Court is directed to proceed with the suit and dispose of the same expeditiously. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 420.......as plaintiff filed Title Suit No.164 of 1977 which was subsequently renumbered as Title Suit No.159 of 1984 on transfer. The aforesaid suit is for specific performance of contract of sale of the suit land. The petitioner has alleged in the plaint that the predecessor-in-interest of the defendant-opp..Category: Procedural Law | Date: | Hits: 148
Muklesur Rahman (Md.) Vs. Waziullah, 1998, 27 CLC (HCD)
....eferably within 3 months from the date of receipt of this order. Let a copy of this order be sent to the court below at once. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 418.......ecree and restoring the original suit to its file and number. 3. Mr. Mokhlesur Rahman, learned Advocate for the petitioner, submits that the opposite party has no title and interest in the suit land and as such, Miscellaneous Case No.7 of 1998 under Order 9 rule 13 of the Code of Civil Procedu..Category: Procedural Law | Date: | Hits: 131
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