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Sabirannessa and others Vs. Kabir Ahmed and others, 1995, 24 CLC (HCD)
....er's report and the preliminary decree was made final which was subsequently scaled and signed on 21‑11‑1993 and then Title Execution Case No.1 of 1993 was initiated for getting possession in the land and that execution proceeding is still pending. Thereafter defendants 8Ka‑8Cha and 121 and de......ers…………………………Petitioners Vs. Kabir Ahmedand others………………………….Opposite Parties Judgment July 16, 1995. Result: The Rule is made absolute. Case Referred to- Abdur Rahman & ors. Vs. Sultan @ Sultan and ors, 35 DLR (AD) 51. Lawyers ......ause why the order dated 22‑2‑93 passed by the learned Senior Assistant Judge, Comilla Sadar in Partition Suit No.150 of 1964 shall not be set aside. 2. The short fact leading to this Rule is that, opposite parties 1 and 2 as plaintiffs instituted Partition Suit No.150 of 1964 in the 3rd Cour......oners Vs. Kabir Ahmedand others………………………….Opposite Parties Judgment July 16, 1995. Result: The Rule is made absolute. Case Referred to- Abdur Rahman & ors. Vs. Sultan @ Sultan and ors, 35 DLR (AD) 51. Lawyers Involved: Syed Mahmud Hossain with S..Category: Procedural Law | Date: | Hits: 112
Category: Environmental Law | Date: | Hits: 891
Baquer Siddiqui (Md.) Jounpuri and another Vs. State and another, 2008, 37 CLC (HCD)
.... at 22/1, Babar Road and the single storied building situated thereon; Atika Khanam was childless. Therefore, she constituted a Trust in the name of her husband Late Tamizuddin Khan on respect of the land and properties situated at 22/1, Babar Road and the trust was constituted by a Trust Deed execu......puri and another……………………Petitioners Vs. State and another……………………Opposite Parties Judgment February 24, 2008. Result: The Rule is made absolute Cases Referred to- Nagendra Chandra Barker Vs. Aftabuddin, 44 DLR (AD) 355; Abul Bashar Vs. Hasan ......trate, Dhaka should not be quashed and/or such other or under order or orders passed as to this Court may seem fit and proper. 2. Short facts relevant for the purpose of disposal of this Rule are that one Md. Moktadul Hoque claiming himself to be the Chief Executive of late Tamizuddin Khan Welfar...... Nagendra Chandra Barker Vs. Aftabuddin, 44 DLR (AD) 355; Abul Bashar Vs. Hasan Uddin Ahmed, 51 DLR (AD) 14 Lawyers Involved: M Hafizullah with Md. Al-Amin Sarker and Md. Ohiullah, Advocates - For the Petitioners. Sarker Tahmeena Begum, Assistant Attorney General with Md. Abdul Khaleq..Category: Criminal Law | Date: | Hits: 70
Harunur Rashid Bhuiyan Vs. Pubali Bank Ltd, and others, 2010, 39 CLC (HCD)
....lat and Joint District Judge, Court No.1, Lakshmipur. In the said execution case the petitioner filed an application on 19.5.2004 under Order XXI, Rule 58 C.P.C praying for exclusion of 0.42 acres of land appertaining to plot No.1222 of Khatian No.891 under Samsherabad along with structures standing......This Case is also Reported in: 16 MLR (HCD) (2011) 209. ......shmipur directing the petitioner to deposit 25% of the decretal amount of the Artha Rin Suit No.01 of 1998 as security. 2. Material facts of the case as necessary for the disposal of the Rule are that the opposite party No.1 Pubali Bank Ltd. as plaintiff instituted Artha Rin Suit No.01 of 1998 ag......kshmipur and others.........................................Opposite parties Judgment April 27, 2010. Result: The Rule is discharged. Lawyers Involved: Khair Ezaz Maswood, Advocate-For the petitioner. Md. Mamunur Rashid with Md. O..Category: Civil Law | Date: | Hits: 176
State Vs. Mesbahuddin, 1996, 25 CLC (HCD)
....tion with any other case. Accused Fazlul Huq against whom the order of warrant of arrest was issued, the same be revoked or withdrawn. Ed. This case is also Reported in:49 DLR (HCD) (1997) 245. ......withdrawn. Ed. This case is also Reported in:49 DLR (HCD) (1997) 245. ......ut 7/7‑30 P.M. while the informant Shafiqul Islam was talking with some persons at the Purinda Bazar, a bus came from Dhaka and stopped before them and the driver and conductor of the bus informed that a dacoity had been committed in Mini Bus No. Dhaka Metro Gha‑6862 and that they told them to b......t: The reference is rejected. The Criminal Appeal No.1064/92 and Jail Appeal No.823/93 are allowed. Lawyers Involved: Abdul Malek with Imman Ali and AHM Musifiqur Rahman, Advocates ‑ For the Appellant in Criminal Appeal No.1064 of 1992. Amirul Kabir Chowdhury, Deputy Attorney‑Ge..Category: Criminal Law | Date: | Hits: 87
Category: Admiralty Law or Maritime Law | Date: | Hits: 512
Prodeep Kumar Bhadra Vs. Sree Chandra Kanta Mondal and others, 2009, 38 CLC (HCD)
....learned subordinate judge, first court, Satkhira in title Suit No.9 of 1995. 2. The plaintiff instituted the suit for declaration of title by settlement, S. A. Khatian is wrong and also the suit land is not vested and non resident property with the averments that the suit land originally belong......……………………….Appellant Vs. Sree Chandra Kanta Mondal and others………………………….Respondent Judgment August 12, 2009. Result: The appeal is allowed. Cases Referred to- Lal Miah (Hajee) Vs. Nurul Amin and others, 57 DLR (AD) 64; Shanai Bibi being d......cree dated 5-3-1998 passed by the learned subordinate judge, first court, Satkhira in title Suit No.9 of 1995. 2. The plaintiff instituted the suit for declaration of title by settlement, S. A. Khatian is wrong and also the suit land is not vested and non resident property with the averments th......bi being dead here heirs: Mohammad Azim and others Vs. Nur Islam being dead his heirs, Doly Islam and other 4 BLC 195. Lawyers Involved: Nurul Amin, Advocate with Md. Humayun Kabir, Advocate - For the Appellant. First Appeal No.257 of 1998. Judgment Sharif Uddin Chaklader J.- Th..Category: Property Law | Date: | Hits: 134
Shawkat Ali Chowdhury Vs. G. Murshed Reza and others, 2009, 38 CLC (HCD)
.... specific performance of contract the real question is to be decided in the suit is whether there was a contract between the parties, the real question is not whether the vendor has title to the suit land. Title to the suit land cannot be decided in a suit for specific performance of contract. Learn...... Vs. G. Murshed Reza and others............................Respondents Judgment July 16, 2009 Result: The appeal is allowed. The Civil Rule No. 98(f) of 2009 is made absolute. Cases Referred to- Sitaram Bindraban, a partnership firm at Khamgaon Vs. Chiramjilal Brijlal, a pa......le to the plaint. In the suit, defendant No.1 appeared and filed application under order VII rule 11 of the Code of Civil Procedure for rejection of the plaint. In the application it has been stated that, according to clause No.2, of the bainanama the suit is barred in different Count, including it ......60 DLR 597; Ashak Ali Prodhania Vs. Md. Anwar Khan and others, 8 BLC (AD) 10; Abdur Rashid alias Bhulu and others Vs. Moulana Mobaswar Ahmed and others, 8 BLC (AD) 11; Muni Lal and others Vs. Kishore Chand Kanshi Ram, AIR 1927 (Lahore) 373; Pesu Malhar Bhagwan Das Vs. Bisken Das Mewa Ram, A.I.R...Category: Civil Law | Date: | Hits: 200
Ain-O-Salish Kendro (ASK) Vs. Government of Bangladesh and others, 2006, 35 CLC (HCD)
....proper to dispose of the Rule with the directions and observation made above, without any order as to costs. Ed. This Case is also Reported in: 15 BLT (HCD) (2007) 448; 13 BLC (HCD) (2008) 148. ......ent of Bangladesh and others……………………………………Respondents Judgment April 19, 26, 27, 2006. Result: The Rule is disposed of with the directions and observation. Cases Referred to- Sunil Batra Vs. Delhi Administration and others reported in A.I.R. 1978 (SC) 16......owdhury J.- This Rule Nisi was issued on 08.06.1997 calling upon the Respondents to show cause as to why Fazlu alias Hafiz alias Hafizur Rahman alias Happy should not be brought before this Court so that it may satisfy itself that he is not being held in an unlawful manner and to show cause as to wh......spondents Judgment April 19, 26, 27, 2006. Result: The Rule is disposed of with the directions and observation. Cases Referred to- Sunil Batra Vs. Delhi Administration and others reported in A.I.R. 1978 (SC) 1675; Jagmohan Singh Vs. State of U.P., (1973) 2 SCR 541 = (AIR) 1973 (SC)..Category: Constitutional Law | Date: | Hits: 219
Sharif Uddin and another Vs. Bangladesh & others, 2009, 38 CLC (HCD)
.... স্মারক নং-ইপ/অভনঃ ৩১/৯৫/৫১৬ dated 23-4-2008 (hereinafter referred to as the impugned Memo) issued by respondent No.2 giving administrative approval to the land as specified in the schedule on which No.5 Union Parishad Complex Bhaban is to be constructed. ...... AKM Abdul Hakim J Sharif Uddin and another.......Petitioners Vs. Bangladesh & others............Respondents Judgment July 21, 2009. Result: The rule is disposed of. Cases Referred to- Golam Murtaza Bhuiyan Vs. Bangladesh, 48 DLR (AD) 47; Abdul Awsal Talukder Vs. ......haban (shortly, stated as UPCB) in all unions of the country. Budh Bari Bazar Union Parishad (the Parishad, in brief) first discussed thematter in its meeting dated 31-3-2005 wherein it was observed that the construction of UPCB involves huge expenses of the union and it would be a permanent and val...... With the above observations, the rule is disposed of without any order as to costs. Ed. This Case is also Reported in: 16 BLC (HCD) (2011)92. ..Category: Property Law | Date: | Hits: 130
Ismail Hossain (Md.) Vs. Shakhina and others, 2012, 41 CLC (HCD)
....s: The opposite Party No.1, Shakhina as pre-emptor filed Miscellaneous (Pre-emption Case No. 17 of 1996 in the Court of 4th Assistant Judge, Gazipur Sadar, Gazipur seeking preemption of the case land under section 96 of the State Acquisition and Tenancy Act, 1950 against the Opposite Party No.1.......)...............................Petitioner Vs. Shakhina and others..............................Opposite-Parties Judgment February 2, 2012. Result: The Rule is made absolute. Case Referred to- MH Saya & Co. Vs. Wazir Ali Industries, 21 DLR (SC) 50; Abdul Qadir Vs. Abdu......6 of the State Acquisition and Tenancy Act, 1950 against the Opposite Party No.1, Abdul Hakim Talukder as pre-emptee purchaser and opposite party No. 2, Monwara Begum as the vendor on the allegation that opposite party No.2, Monwara Begum sold the case land to opposite party No.1, Abdul Hakim by a k...... Ali Industries, 21 DLR (SC) 50; Abdul Qadir Vs. Abdul Majid, 1984 PLD (SC) 166;49 DLR (AD) 151, PLD 1984 (SC) 166. Lawyers Involved: AFM Mesbahuddin with Minhazul Hoque Chowdhury, Advocates—For the Petitioner. AJ Mohammad Ali with Sarder Abul Hossain, Advocates—For the Opposite Party N..Category: Property Law | Date: | Hits: 117
Fazal Hossain (Md.) and others Vs. Md. Helal Mia & others, 2009, 38 CLC (HCD)
....the pre-emptor-respondent-opposite party No.1 instituted pre-emption Miscellaneous Case No.7 of 1988 in the Court of the Assistant Judge, 1st. Court, Dhaka for getting pre-emption order in the case land. 3. That the case of the petitioner in short is that, the owner of the case land was SyedMoh......i Asgar J Fazal Hossain (Md.) and others..........Petitioners Vs. Md. Helal Mia & others......Opposite-Parties Judgment February 23, 2009. Result: The rule is discharged. Cases Referred to- Ahmed Hussain Chowdhury Vs. Md. Nurul Amin, 47 DLR (AD) 162; Government of Bang......same should not be set aside and or pass such other or further order or orders as to this Court might seem fit and proper. 2. Facts, relevant for the purpose of disposal of the rule in short, are that the pre-emptor-respondent-opposite party No.1 instituted pre-emption Miscellaneous Case No.7 o...... 2009. Result: The rule is discharged. Cases Referred to- Ahmed Hussain Chowdhury Vs. Md. Nurul Amin, 47 DLR (AD) 162; Government of Bangladesh, represented by the Secretary, Ministry of Works Vs. Chand Mia, 12 BLD (AD) 48 = 44 DLR (AD) 98. Lawyers Involved: Md. Kalim Ullah Mazumde..Category: Property Law | Date: | Hits: 138
Mostafa Chowdhury & another Vs. State & another, 1982, 11 CLC (HCD)
....e and the respective proceedings quashed, as prayed for. Let the record be sent down at once. Mohammad Abdur Rouf J.- I agree. Ed. This Case is also Reported in:35 DLR (HCD) (1983) 68. ......y & another......................Petitioners Vs. State & another........................Opposite-parties Judgment October 31, 1982. Result: The Rules are made absolute. Cases Referred to- Bhuban Mohen Das Vs. Surendrd Mohan Das, 55 C.W.N. 541; Abdul Gafur Vs. Dr. D. ......e disposed of by this Judgment. We have heard the learned Advocates for the petitioners, perused the petitions and the annexures thereto. No one has appeared to oppose the Rules. 2. It appears that the petitioners in both the cases are partners with Opposite party No.2 in a registered partners......n Das Vs. Surendrd Mohan Das, 55 C.W.N. 541; Abdul Gafur Vs. Dr. D. Ahmed and the State Vs. Syed Imtiaz-uddin Hussain, 3 DLR 449; 17 DLR (Dacca), 382. Lawyers Involved: M. Jamiruddin Sircar - For the petitioners (In Criminal Revision No. 97 of 1980). Dewan A .M.S Zaman - For the peti..Category: Criminal Law | Date: | Hits: 87
Md. Shermat Ali Vs. Mossammat Lilifa Khatun, 2005, 34 CLC (HCD)
....upon the Plaintiff filed a criminal case under the Dowery Prohibition Act. The defendant thereafter made a compromise by executing a deed in favour of the Plaintiff showing transfer of 16 decimals of land. Thereafter the Defendant took back the said land by another registered kabala deed dated 16.2.......Md. Khurshid Alam Khan - For the Petitioner. Md. Sajjad Ali Chowdhury - For the Opposite Party. Civil Revision No.859 of 2002. Judgment Shahidul Islam J.- By this Rule the Opposite Party was directed to show cause as to why the impugned Judgment and decree dated 17.11.2001 passed by the ......(HCD) (2007) 439. ......sammat Lilifa Khatun……………………………….Plaintiff Opposite Party Judgment March 7, 2005. Result: The Rule is discharged. Lawyers Involved: Md. Khurshid Alam Khan - For the Petitioner. Md. Sajjad Ali Chowdhury - For the Opposite Party. Civil Revision No.859 of..Category: Family Law | Date: | Hits: 224
Sree Babul Kumar Biswas Vs. Sree Khudiram Jaladas, 2007, 36 CLC (HCD)
....uit No.84 of 1995 in the 5th Court of Assistant Judge, Sadar, Chittagong for Specific Performance of Contract alleging, inter alia, that the defendant entered into a contract for sale of the schedule land in his favour but ultimately failed to execute and register a deed of sale. That suit was decre......sed of on full satisfaction. Ed. This Case is also Reported in: 15 BLT (HCD) (2007) 421. ...... in Execution Case No.13 of 1997 should not be set aside and/or such other or further order or orders pass as to this Court may seem fit and proper. 2. Facts relevant for disposal of the Rule are that the Petitioner as plaintiff instituted Other Class Suit No.84 of 1995 in the 5th Court of Assist...... (Civil) Present: Shahidul Islam J Sree Babul Kumar Biswas…………………………Decree-Holder-Petitioner Vs. Sree Khudiram Jaladas…………………………Judgment-Debtor-Opposite Party Judgment March 25, 2007. Result: The Rule is made absolute. Case Re..Category: Procedural Law | Date: | Hits: 253
lqbal Hossain Talukder (Md.) Vs. Md. Joinal Abedin Talukder and 76‑others, 2002, 31 CLC (HCD)
....legal debate is now approached and addressed. 19. Exercise of Right of Pre‑emption is a Statutory Right conferred upon a co-sharer either by way of inheritance or by purchase or a person holding land contiguous to property transferred against a person who is stranger to the holding under Pre‑........................Pre‑emptee‑Petitioner Vs. Md. Joinal Abedin Talukder and 76‑others.............Opposite Parties Judgment August 20, 2002. Result: The Rule is discharged. Cases Referred to- Durga Choudhurain Vs. Jawahir Singh Choudhuri, 17 Indian Appeal 122; Ramchandra......94 which will be referred to hereinafter as case. 5. Out of five transferees, three transferees as Pre-emptees resisted Miscellaneous Case on presentation of written objection raising contentions that owner of case property under pre‑emption proceeding declared to transfer case property and app......alil Ahmed, PLD 1955 FC 38; Azizur Rahman Vs. Per Vaizshan and others, 1997 PSC 1329; Fazal Karim Vs. Abdul Manafard and others, 1997 PSC 1163; Federal Radid Commission Vs. Nelson Brothers Board and Mortgage Company and others, (1932) 289 US 266; Virgina Electric and Power Company Vs. National Relat..Category: Property Law | Date: | Hits: 116
Bangladesh Water Development Board and other Vs. Progati Prakaushali & another, 1996, 25 CLC (HCD)
.... legally made the award a rule of the Court. In view of the facts and circumstances of the case, there will be no order as to cost. Ed. This case is also Reported in:49 DLR (HCD) (1997) 335. ......……………….Petitioners Vs. Progati Prakaushali & another…………………………Opposite Parties Judgment May 13, 1996. Result: The application is rejected. Cases Referred to- 6 DLR 478; 8 DLR 305; PLD 1966 (Dhaka) 262; AIR 1941 (Sind) 111; 9 PLD 1960 (La......724 of 1996 (Converted from FMA No. 385 of1994). Judgment Syed Amirul Islam J.- This appeal arises out of a proceeding under sections 14 and 17 of the Arbitration Act. 2. The relevant facts that are necessary for the purpose of disposal of this appeal are that, the Progati Prakaushali an en......…Opposite Parties Judgment May 13, 1996. Result: The application is rejected. Cases Referred to- 6 DLR 478; 8 DLR 305; PLD 1966 (Dhaka) 262; AIR 1941 (Sind) 111; 9 PLD 1960 (Lahore) 677; AIR 1947 (Mad) 315; 1988 BLD (HC) 369; 6 DLR 477; PLD 1957 (Karachi) 245; AIR 1941 (Mad) 1..Category: Alternative Dispute Resolution | Date: | Hits: 606
Rawsan Ara Begum alias Rawshani Vs. State, 2005, 34 CLC (HCD)
....nt who is on bail is discharged from the bail bond. Send down the lower Court records at once for information and necessary action. Ed. This Case is also Reported in: 15 BLT (HCD) (2007) 29. ...... This Case is also Reported in: 15 BLT (HCD) (2007) 29. ......d sentencing her to suffer imprisonment, for life and also to pay a fine of Tk. 2,000.00 in default to suffer rigorous imprisonment for one year more. 2. The prosecution case put in a nutshell is that the deceased Joynal Abedin brother of the informant P.W.1; Md. Azizul Haq used to live at Mymens......ppeal is allowed. Cases Referred to- Munsurul Hossain Vs. The State, 1 BLC 421; The State Vs. Basirullah, 16 DLR 189. Lawyers Involved: M. Enayetur Rahim with Jahangir Alam, Advocates - For the Appellant. Parvin Hannan, Assistant Attorney-General - For the Respondent. Criminal App..Category: Criminal Law | Date: | Hits: 142
Mohammad Ali Miah and others Vs. Md. Sekander Ali Haowlader, 2007, 36 CLC (HCD)
....ished business man; that while he was looking for a place on the Dhaka Aricha Road to build a Patrol Pump, he came to know through his agents and brokers that the defendants intended to sell the suit land consisting of 88 decimals of land; that after negotiation, the price of the land belonging to t......……………………….Appellants Vs. Md. Sekander Ali Haowlader…………………………………Respondent Judgment March 7, 2007. Result: The appeal is allowed. Cases Referred to- Rash Behari Moshalkar Vs. Hiron Baja Debi and another, 1985 BLD (AD) 51; Silver......d. Cases Referred to- Rash Behari Moshalkar Vs. Hiron Baja Debi and another, 1985 BLD (AD) 51; Silver Estate Ltd. Vs. Abdul Hakim Miah and others, 43 DLR 360; Rakhal Dasi Ranjakini Vs. Ayesha Khatoon Chowdhury and another, 1985 BLD (AD) 49; Jaggo Bai Vs. Hari Har Prosad Sing, PLD 1947 PC. ......Rakhal Dasi Ranjakini Vs. Ayesha Khatoon Chowdhury and another, 1985 BLD (AD) 49; Jaggo Bai Vs. Hari Har Prosad Sing, PLD 1947 PC. Lawyers Involved: Mahbubay Alam With Moinul Islam Chowdhury - For the appellants. F.R.M. Nazmul Ahsan - For the Respondent. First Appeal No.197 of 2000 Wi..Category: Civil Law | Date: | Hits: 102
Abdus Samad @ Md. Abdus Samad Vs. State, 2011, 40 CLC (AD)
....judgment and other materials on record and submitted that the learned Judges of the High Court Division have totally failed to consider that no evidence has been produced to show the ownership of the land in dispute regarding which Khursid Ali died. Moreover, it is admitted position that Mazam Ali, ......mad.............................Petitioner Vs. The State..........................Respondent Judgment November 27, 2011. Result: This petition for leave to appeal is dismissed. Case Referred to- Md. Abdul Majid Barker Vs. The State 40 DLR (AD) 83. Lawyers Involved: T.H......er imprisonment for life and also to pay a fine of Tk.10,000/- in default, to suffer R.I. for a further period of 2(two) years. 2. Relevant facts necessary for disposal of this leave petition are that the present Criminal Petition for Leave to Appeal is directed against the judgment and order dat......Ahmed J Abdus Samad @ Md. Abdus Samad.............................Petitioner Vs. The State..........................Respondent Judgment November 27, 2011. Result: This petition for leave to appeal is dismissed. Case Referred to- Md. Abdul Majid Barker Vs. The State 40 DLR..Category: Criminal Law | Date: | Hits: 116