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Soharaf Uddin alias Soharab Vs. State, 2008, 37 CLC (HCD)
....al justice that nothing in the Criminal procedure Code does so limit or affects its inherent power. 17. It is to be remembered that the Courts exist not only for securing obedience's to the law of land but also for securing the ends of justice in its widest sense. Inherent power of the High Court...... Ed. This Case is also Reported in: 7 LG (HCD) (2010) 189. ......l Tribunal Court No.6, Kishoregonj in Special Tribunal Case No.02 of 2002 convicting the petitioner Soharaf Uddin Sohrab to suffer rigorous imprisonment for 10 years. 2. The facts of the case are that, the informant S.I. of police Abdul Awal lodged and FIR before the officer in charge Kishoregonj......olam Mohammad Vs. Muzammal khan and 4 others, PLD 1967 SC 317; Md. Alam and 3 others Vs. The State, 19 DLR (SC) 242; Shadu Miah and others Vs. State, 10 BLC 770. Lawyers Involved: Kaiser Ali - For the Petitioners. S.M. Shahjahan Kabir, Assistant Attorney-General - For the opposite par..Category: Criminal Law | Date: | Hits: 99
Chowdhury Ataur Rahman Azad Vs. State, 2009, 38 CLC (HCD)
....Baul Karim Herai (55), (3) Md. Latib Ali (30), (4) Md. Anwar Ali (35) and (5) Idrish Ali (42) entered into the house of the informant by force and demanded Tk. 6,00,000/- for exchange of their forged land property. On 20.4.2007 at 12:00, accused Md. Anwar Ali and Md. Latib Ali threatened the com...... Rahman Azad………………………Accused-Petitioner Vs. The State……………………….Opposite party Judgment November 22, 2009. Result: The Rule is made absolute. Case Referred to- Shahera Khatun Vs. State, 6 BLC (2001) 604. Lawyers Involved: MM. Nuruzzam......………Accused-Petitioner Vs. The State……………………….Opposite party Judgment November 22, 2009. Result: The Rule is made absolute. Case Referred to- Shahera Khatun Vs. State, 6 BLC (2001) 604. Lawyers Involved: MM. Nuruzzaman, Advocate - For the accuse......rty Judgment November 22, 2009. Result: The Rule is made absolute. Case Referred to- Shahera Khatun Vs. State, 6 BLC (2001) 604. Lawyers Involved: MM. Nuruzzaman, Advocate - For the accused-petitioner. Md. Soyeb Khan, Assistant Attorney-General with Dr. Md. Bashir U..Category: Criminal Law | Date: | Hits: 84
Abdur Jabbar Sheikh Vs. Md Rafiqul Islam and others, 2010, 39 CLC (HCD)
....erty hence the suit. 3. The defendant No.1 Raja Kha contested the suit by filing written statement denying all the material allegations brought in the plaint contending inter alia, that the suit land along with the structures standing thereon has been sold by Raza Kha at a consideration of Tk. ...... 1(Kha). Mofizur Rahman (Milton), 1(Ga). Md. Hafizur Rahman (Salim), 1(Gha). Md. Shafiqul Islam (Faruque), 1(Uma). Md. Humayun Kabir, sons of late Afsaruddin of village-Chalna, Post Office-Chalna Madrasha, Police Station and District- Pirojpur. 1(Cha). Most. Razia Khanam, wife of Ashraf Ali Sheikh, ......, village-Bashbaria, Police Station and District-Pirojpur. 1(ja). Nilufar Yeasmin, wife of Md. Salim Howlader, village-Tangakhali, Police Station and District-Pirojpur. 1 (Neo). Most. Monowara Khatua wife of Alfsrauddin Howlader, village and Post Office-Chalna, Police Station and D...... village and Post Office-Chalna, Police Station and Districl-Pirojpur......Appellant-oppositeparties (Contesting-Defendant No. 3) 2. Harun Kha. 3. KhokonKha sons of late Raja Kha, Piorjpur Town, Police Station and District-Pirojpur. 4. Bina Begum wife of Abdul Hakim Khandaker of..Category: Property Law | Date: | Hits: 119
Komor Ali and another Vs. Al-Arafa Islami Bank Ltd. and others, 2011, 40 CLC (HCD)
....aside and or such other or further order or orders passed as to this Court may deem fit and proper. 2. This Court directed the parties to maintain status quo in respect of possession of the suit land for a period of 3 months from date. That period of statuesque has been extended subsequently..........................................Petitioners Vs. Al-Arafa Islami Bank Ltd. and others ..................Opposite Parties Judgment May 2011. Result: The Rule is made absolute. Cases Referred to- IFIC Bank Ltd. Vs. Manner Fashions Ware Pvt. Ltd. and others, 12 BLC (HCD) 723;......rders passed as to this Court may deem fit and proper. 2. This Court directed the parties to maintain status quo in respect of possession of the suit land for a period of 3 months from date. That period of statuesque has been extended subsequently. 3. Facts relevant for disposal of the Ru...... This Case is also Reported in: 16 MLR (HCD) (2011) 457. ..Category: Civil Law | Date: | Hits: 112
Ms. Nurunnahar Begum Vs. Sheikh Moqbul Ahmed and others, 2009, 38 CLC (HCD)
....er case that Muslim Law of inheritance has no manner of application and it is governed by the service rules and regulations of the society. Learned Joint District judge in respect of 'Gha' schedule land held that in this money also Muslim law of inheritance will apply. It is our considered view th......or the respondents. First Miscellaneous Appeal No.320 of 2004. Civil Rule No. 576(f/m) of 2004. Judgment Sharif Uddin Chaklader J.- This appeal from Original Order dated 15.6.2004 passed by the learned Joint District Judge, First Court, Pabna allowing Misc. Case No.23 of 2001 ther......cent Society, while was in service, died due to brain hemorrhage on 5.6.2000. At the time of his death, he left behind one wife, Mst. Nurunnahar, who is opposite party appellant, mother, Mst. Rabeya Khatun and father, Sheikh Moqbul Ahmed. At the time of death of Shiekh Sharif Ahmed, left moneys ment......………………………Respondents Judgment October 21, 2009. Result: The appeal is allowed. Lawyers Involved: Fazlul Karim, Advocate with Mrs. Fowzia Karim Firoz, Advocate - For the appellant. Md. Israfil Hossain, Advocate - For the respondents. First Misce..Category: Civil Law | Date: | Hits: 136
Mahmudul Huq and others Vs. Nowab Ali Chowdhury and others, 1995, 24 CLC (HCD)
....e Judgment and decree dated 13‑12‑77 passed by the Munsif, Satkania, Chittagong in Partition Suit No.34 of 1973. 2. Plaintiffs filed Partition Suit No.98 of 1970 claiming 11 kanis 14 gandas of land or the quantum of land decided by the Court in their share out of 24.78 acres of the suit land ......Nos.10, 11 and 12. Civil Revision No.5695 of 1991. Judgment Kazi Ebadul Hoque J.- This Rule at the instance of the plaintiff-petitioners is against Judgment and decree dated 12‑5‑1990 passed by the Subordinate Judge, Chittagong on Other Appeal No.207/1978‑78/78 allowing the appeal a......ment of ad valorem Court‑fee on 26‑11‑77 in course of hearing argument of the suit in the Court. Plaintiffs claimed title and possession in the said land by successions and transfers asserting that RS Khatian in respect of the suit property was wrong and that they purchased in the benami of an......y and others………………………………Opposite Parties Judgment January 18, 1995. Result: The Rule is made absolute. Lawyers Involved: Abdul Momen Chowdhury, Advocate ‑ For the Petitioner. Kamal‑ul Alam, Advocate - For Opposite Party Nos.4 and 5. Omar Farook, Ad..Category: Property Law | Date: | Hits: 97
State Vs. Kamal Ahmed, 1997, 26 CLC (HCD)
....d appellant Mofazzal Ali Haider @ Md. Haider Ali under section 120B of the Penal Code is set aside and he is acquitted of that charge. Ed. This case is also Reported in:49 DLR (HCD) (1997) 381. ......………………….Respondent Judgment June 10 & 11, 1997. Result: The Death Reference is rejected. The appeals filed by the two appellants are allowed in a modified form. Cases Referred to- Mezanur Rahman and others Vs. State, 16 BLD (AD) (1996) 293; Abul Kashem and ot...... 1992). ANM Gaziul Haque, Senior Advocate, with Zafar Ahmed, Advocate ‑ For the Appellant (In Criminal Appeal No.1866 of 1992). Mansurul Haque Chowdhury, Deputy Attorney‑General with Sufia Khatoon, Assistant Attorney‑General ‑ For the State. Death Reference No. 33 of 1992 with ......………………………….Respondent Judgment June 10 & 11, 1997. Result: The Death Reference is rejected. The appeals filed by the two appellants are allowed in a modified form. Cases Referred to- Mezanur Rahman and others Vs. State, 16 BLD (AD) (1996) 293; Abul Kash..Category: Criminal Law | Date: | Hits: 131
Jobaida Rashid Vs. State, 1997, 26 CLC (HCD)
....sued by this Court so far other accused persons of the case are concerned is hereby vacated. The Rule is accordingly made absolute. Ed. This case is also Reported in:49 DLR (HCD) (1997) 373. ......case is also Reported in:49 DLR (HCD) (1997) 373. ......um‑residence PA of the then President of the Republic of Bangladesh Bangabandhu Sheikh Mujibur Rahman, on 2‑10‑96 filed a written First Information Report at Dhanmondi PS alleging, inter alia, that in the night following 14th August 1975 he was on duty at the residence of the then President Sh......zzaman Vs. State, 17 BLD (1997) 11; AKM Mohinus Sakh and others Vs. State, 45 DLR 386; 17 BLD (AD) 54. Lawyers Involved: Mahbubur Rahman with Farah Mahbub, Anisur Rahman Patwari, Advocates ‑ For the Petitioner. KS Nabi, Attorney‑General with Abdul Wadud Bhuiyan, Additional Attorney‑Ge..Category: Criminal Law | Date: | Hits: 107
State and others Vs. Sheema Begum and others, 2004, 33 CLC (HCD)
....nts did not murder his son deceased Delowar after calling him out from his house in the night of occurrence. He further denied that he has dispute with co-accused Moiful Bibi alias Saiera over 'char' land and for this reason they have been falsely implicated in this case. 12, P.W.6 Parveen stated...... With Criminal Appeal No.424 of 2001 And Criminal Jail Appeal No.540 of 2001. Judgment Md. Ali Asgar Khan J.- This Death Reference under Section 374 of the Code of Criminal Procedure has been made by the learned Additional Sessions Judge, Pirojpur for confirmation of the sentence of ......001. The reference and the Criminal Appeals and jail Appeal are heard together and are disposed of by this Judgment. 2. The prosecution case of the informant Ayesha Begum who lodged the F.I.R. is that the condemned prisoner and the convict appellants in collusion with each other murdered his son ...... death reference No.8 of 2001 is rejected. The Criminal Appeal Nos.343 of 2001, 424 of 2001 and Jail Appeal No.540 of 2001 are allowed. Lawyers Involved: S. M. Rezaul Karim with Mohammad Noor Hossain - For the Condemned Prisoner and Appellants. Golam Kibria, Deputy Attorney-General wi..Category: Criminal Law | Date: | Hits: 94
Md. Aktar Hossain and others Vs. Capital Tower (Pvt.) Ltd. and others, 2008, 37 CLC (HCD)
....mined by the newly appointed auditors. 2. The Company, a private limited company incorporated under the Companies Act, 1913, is show to have been set up with the primary objectives to purchase land, construct residential and/or commercial structures on the same and thereafter to offer the sam......ussalam Road, Mirpur, 1, Dhaka and others……………………………Respondents Judgment March 18, 2008. Result: The Application is disposed of with observations and directions. Cases Referred to- Re. H.R. Harmer Ltd., [1958] 3 All E.R., 689; Exeter City Association Football ......e same and thereafter to offer the same by way of sale to the public at large as otherwise more fully described in the Objects Clause of the Memorandum of Association (Annexure-‘A’). The problem that arises in this case appears to centre on development work undertaken on land acquired by the Com......e same and send him a certified copy of the same. 17. There is no order as to costs. Ed. This Case is also Reported in: 7 LG (HCD) (2010) 265. ..Category: Company Law | Date: | Hits: 177
Abdul Hamid Shaikh Vs. Sree Sree Ram Krishna Dev & others, 1993, 22 CLC (HCD)
.... the defendants 1‑4. Subsequently on the prayer of the plaintiff, the suit was amended as one for a declaration of title, confirmation of possession and permanent injunction, in respect of the suit land comprising 3.46 decimals of land as described in the schedule of the plaint and in the alternat......ikh.....................Appellant Vs. Sree Sree Ram Krishna Dev & ors.................Respondent Judgment July 18, 1993. Result: The First Miscellaneous Appeal is dismissed. Cases Referred to- Choumuhani College and another Vs. Md. Ismail Hossain and others, 26 DLR 10; 11...... and in the alternative with a prayer for recovery of khas possession of the suit‑land if the plaintiff was found out of possession of the suit land. The plaintiff further prayed for a declaration that the sale held in certificate case Nos.201‑A of 1969‑70 and 207 of 1969‑70 was illegal, fra......7. ..Category: Property Law | Date: | Hits: 113
Md. Amanullah and others Vs. Md. Sirajul Islam, 2009, 38 CLC (HCD)
....y as plaintiff instituted Title Suit No.61 of 1999 in the Court of Senior Assistant Judge, Rupgonj, Narayanganj, impleading the petitioners as defendants for permanent injunction in 6 1/2 decimals of land our of 65 decimals described in the schedule of the plaint. After institution of the suit the p...... others........................Petitioners Vs. Md. Sirajul Islam.....................................Opposite Party Judgment January 18, 2009. Result: The Rule is made absolute. Cases Referred to- Noor Mohammad Khan and others Vs. Government of the People's Republic of Bangla......irming the judgment and decree dated 21.07.2002 passed by the learned Senior Assistant Judge, Rupgonj, Narayanganj, decreeing the Title Suit No.61 of 1999. 2. Short facts leading to this Rule are that on 28.04.1999 the opposite party as plaintiff instituted Title Suit No.61 of 1999 in the Court o..............Petitioners Vs. Md. Sirajul Islam.....................................Opposite Party Judgment January 18, 2009. Result: The Rule is made absolute. Cases Referred to- Noor Mohammad Khan and others Vs. Government of the People's Republic of Bangladesh and others, 42 DLR..Category: Civil Law | Date: | Hits: 181
Wazuddin and others Vs. Md. Serajuddin @ Islam and others, 2009, 38 CLC (HCD)
.... The Rule is made absolute. In a suit for declaration of title and for recovery of possession, the plaintiff must prove his cause of auction i.e. his possession in and dispossession from the suit land in order to prove that the suit is within time. Case Referred to- Fatema Khatoon others V...... of title and for recovery of possession, the plaintiff must prove his cause of auction i.e. his possession in and dispossession from the suit land in order to prove that the suit is within time. Case Referred to- Fatema Khatoon others Vs. Narasing Jiew Idol and others, 7 BLC 7. Lawyers Inv......te. In a suit for declaration of title and for recovery of possession, the plaintiff must prove his cause of auction i.e. his possession in and dispossession from the suit land in order to prove that the suit is within time. Case Referred to- Fatema Khatoon others Vs. Narasing Jiew Idol an................................Petitioners Vs. Md. Serajuddin @ Islam and others .............Opposite parties Judgment October 7, 2009. Result: The Rule is made absolute. In a suit for declaration of title and for recovery of possession, the plaintiff must prove his cause of auctio..Category: Property Law | Date: | Hits: 106
....ssed by the learned Joint District Judge and Artha Rin Adalat, Narayangonj in Title Suit No.69 of 2006.
2. The plaintiff appellants instituted the instant suit for declaration of title in the suit land.
3. The plaint case, in short, is that Sabdi and Hisabdi were C.S. recorded tenant of the su......ry J.- I agree.
Ed.
This Case is also Reported in: 7 LG (HCD) (2010) 321.
......d Artha Rin Adalat, Narayangonj in Title Suit No.69 of 2006.
2. The plaintiff appellants instituted the instant suit for declaration of title in the suit land.
3. The plaint case, in short, is that Sabdi and Hisabdi were C.S. recorded tenant of the suit land measuring 22 decimals appertains to......rul Islam Chowdhury J
Muhammad Abdul Hafiz J
Masum Sharif Bhuiyan and others…………………………..Plaintiff-Appellants
Vs.
Narayangonj Pourashava represented by its Administrator and others………………….Defendant-Respondents
Judgment
April 7, 2010.
Result:
..
Category: Property Law | Date: | Hits: 105
S.N. Kabir Vs. Mrs. Fatema Begum, 2010, 39 CLC (HCD)
....application for rejection of the plaint contending, inter alia, that the suit property is urban property and that the Land Reforms Ordinance of 1984 has been promulgated with the object to reform the land relating to land tenures, land holding and transfer with the view to maximizing production an......bir……………………………….Appellant Vs. Mrs. Fatema Begum………………………………..Respondent Judgment April 26, 2010. Result: The appeal is dismissed. Cases Referred to- Attorney General V. Prince Ernest Augustus, [1957] 1 All ER 49; Powell Vs. Kemp......by the learned Joint District Judge, 3rd Court Dhaka in Title Suit No.149 of 2002 rejecting the plaint of the suit. 2. The plaintiff-appellant instituted Title Suit No.149 of 2002 for declaration that he is the owner of the suit property and that the defendant wife is his benamdar and is not the ......…………….Appellant Vs. Mrs. Fatema Begum………………………………..Respondent Judgment April 26, 2010. Result: The appeal is dismissed. Cases Referred to- Attorney General V. Prince Ernest Augustus, [1957] 1 All ER 49; Powell Vs. Kempton Park Racecourse Co. ..Category: Property Law | Date: | Hits: 134
People's Republic of Bangladesh Vs. Chairman, Court of Settlement and others, 1996, 25 CLC (HCD)
....abandoned property. 9. We have heard the learned Advocates and perused the petition, affidavit‑in‑opposition and the Annexures annexed hereto. We have found that the original owner of the case land was in Bangladesh althrough and the House Building Finance Corporation granted loan in 1964 and......…………………………………Respondents Judgment June 24, 1996. Result: The Rule is discharged. Lawyers Involved: Kaiseruddin Ahmed, Deputy Attorney‑General with Mir Hashmat Ali, Assistant Attorney‑General ‑ For the Petitioner. Md. Delwar Hossain, Advocate ‑......A) passed by the respondent No.1 in case No.750 of 1988 shall not be set aside for having been passed without jurisdiction, without lawful authority. 2. The case of the petitioner, in brief, is that, the case holding was leased out on 28‑1‑1960 to one Sadrul Haque, son of late Abdul Gafur b...... High Court Division (Special Original Jurisdiction) Present: Md. Mozammel Haque J Md. Abdul Matin J People's Republic of Bangladesh, represented by the Secretary, Ministry of Public Works, Secretariat Building…………………Petitioner Vs. Chairman, Court of Settlement ..Category: Property Law | Date: | Hits: 113
Ananda Charan Halder Vs. Shubhadra Bachar & others, 1989, 18 CLC (HCD)
....tle Appeal 208/1961 reversing the Judgment and decree passed by the learned Munsif in Title Suit No.526 of 1959 on 07.08.1959. The appeal arises out of the suit for declaration of title over the suit land and for recovery of khas possession. 2. Plaintiff's case, in short, is that the suit land co......ran Halder.............................Appellant Vs. Shubhadra Bachar & others..........................Respondent Judgment March 23, 1983. Result: The appeal is dismissed. Cases Referred to- 29 DLR pages 6 and 239; 21 DLR, page 673; 17 DLR page 729, 28 DLR page 421, 29 ......if in Title Suit No.526 of 1959 on 07.08.1959. The appeal arises out of the suit for declaration of title over the suit land and for recovery of khas possession. 2. Plaintiff's case, in short, is that the suit land comprising an area of 3.14 acres of land belonged to plaintiff's brother Jadab who...... 29 DLR pages 6 and 239; 21 DLR, page 673; 17 DLR page 729, 28 DLR page 421, 29 DLR (SC) 268; 34 DLR page 290; Mohendra Kumar Roy and others Vs. Akbar Molla and others AIR 1960, 29 DLR page 6; AIR Mysore page 260(1977; Ramappa Gudadapa Vs. Chandanagouda Neelangouda 29 DLR page 239; 28 DLR page 421; ..Category: Procedural Law | Date: | Hits: 81
Mohammad Latif Anowar Chowdhury Vs. Mohammad Fazle Moubin Faruki and others, 2010, 39 CLC (HCD)
....ানে ডিক্রী দানে মর্জি হয়”। contending, inter alia, that the suit property comprises an area of 452.54 acres and that belonged to the khas land of Government. The said land was being used as a tea garden as there was a tea garden upon the ......11, 2010. Result: The Rule is made absolute. Lawyers Involved: Md. Helaluddin Mollah with Md. Khorshed Mia and Md. Shahjahan Kabir Md. Mizanur Rahman- For the Petitioner. Hassan M.S., Azim with Mirza Al-Mamood-For the Opposite Party No.1. Saifuddin Ahmed C......e parties to maintain status quo in respect of position, possession, nature and character of the property in question till disposal of the rule. 3. Facts relevant for disposal of the Rule are that the opposite party No.1 as plaintiff has instituted Other Suit No.229 of 2009 in the 2nd Court o......in Faruki and others..........Plaintiff-Respondent-Opposite Parties Judgment November 11, 2010. Result: The Rule is made absolute. Lawyers Involved: Md. Helaluddin Mollah with Md. Khorshed Mia and Md. Shahjahan Kabir Md. Mizanur Rahman- For the Petitioner. Hassan M...Category: Civil Law | Date: | Hits: 115
Kazi Shakhawat Hossain Vs. State, 2011, 40 CLC (HCD)
....o send a copy of the judgment and order along with lower courts records to the tribunal below for information and necessary action. Ed. This Case is also Reported in: 16 MLR (HCD) (2011) 430. ......akhawat Hossain........................Petitioner Vs. The State........................................Opposite Party Judgment February 24, 2011 Result: The rule is discharged. Cases Referred to- Jahangir Alam Vs. State, 56 DLR (AD) 200 and 17; Sobhan Munshi Vs. State,......uld not be quashed and or such other or further order or orders passed as to this court might seem fit and proper. 2. Facts relevant for the purpose of disposal of the instant rule in short are that, FIR was lodged against the instant convict petitioner on 23-07-2003 to the local police station......1 Result: The rule is discharged. Cases Referred to- Jahangir Alam Vs. State, 56 DLR (AD) 200 and 17; Sobhan Munshi Vs. State, 15 MLR (HCD) 37. Lawyers Involved: None Appear- For the Petitioner Dr. M. Bashirullah, Assistant Attorney General with Sw..Category: Criminal Law | Date: | Hits: 104
Penta Marine Services Limited Vs. Niko Resources (Bangladesh) Ltd. and others, 2011, 40 CLC (HCD)
.... Industries Limited Vs. Tss Pacific Abeto' and others, 35 DLR (AD) 188; Polpen Shipping Company Ltd. Vs. Commercial union assurance Company Ltd., (1943) KB 161; St. John Pilot Commissioners Vs. Cumberland Ry and coal Co.,(1910) AC 208; European and Australian Royal mail Vs. P & O, (1866) 14 LT 7....................................Plaintiff Vs. Niko Resources (Bangladesh) Ltd. and others................Defendant Judgment February 15, 2011. Result: The application is rejected. Cases Referred to- M/S. Saleha Still Industries Limited Vs. Tss Pacific Abeto' and others, 35 DLR ......the learned senior Advocate Mr. Rokanuddin Mahmood, appearing on behalf of the defendant-applicant, Niko Resources (Bangladesh) Ltd. takes this court through the averment of the plaint and submits that the alleged cause of action of the instant suit has arisen out of a contract involving two Barge......) KB 161; St. John Pilot Commissioners Vs. Cumberland Ry and coal Co.,(1910) AC 208; European and Australian Royal mail Vs. P & O, (1866) 14 LT 704. Lawyers Involved: Rokanuddin Mahmud, Senior Advocate-For the plaintiff. Tanjib-ul-Alam, Advocate - For defendant No.1 (applicant). ..Category: Admiralty Law or Maritime Law | Date: | Hits: 649
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