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Ebadat Ali Vs. Ismail Hossain Akhond & others, 1989, 18 CLC (HCD)

.... 3. The present petitioners as plaintiffs institut­ed a suit on 17.9.80 being O.C. Suit No.305 of 1980 in the Court of the learned Subordinate Judge, Bogra for declaration of their title in the suit land and the same was valued at Taka 10,500/- only. At the time of the institution of the suit, the ......89) 490. ......uty Attorney-General as amicus curiae in this matter. Let a copy of the judgment be transmitted to the Courts below expeditiously. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 490. ..

Category: Procedural Law | Date: | Hits: 152

Monoranjan Mukharjee Vs. Election Commission Sher-e-Bangla Nagar, Dhaka & Others, 1989, 18 CLC (HCD

....n the said Union Parishad. 2. The petitioner alleges that for violation of Martial Law Regulation Nos.14 and 15 of 1982, i.e., for unauthorised detention and illegal possession of 1709.24 acres of land for the period from 23.5.82 to 7.11.83, the respondent No.6 was convicted by the Chairman, Summ......sult, the Rule is discharged but without any order as to costs. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 484.......r all the above reasons we find no ground for interference. In the result, the Rule is discharged but without any order as to costs. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 484...

Category: Election Law | Date: | Hits: 220

Sheikh Ahmed & others Vs. Abdul Alim, 1988, 17 CLC (HCD)

....s relevant are these: The plaintiff Abdul Alim filed a suit for permanent injunction against the petitioners one Kamaluddin and his ven­dor. The plaintiff’s case was that he purchased 26 sataks of land described in the schedule to the plaint from the defendant Kamaluddin by registered kabala date......a Kamal Pasha, Advocate—For the Petitioners. AKM Abdul Hakim, Advocate—For the Op­posite Party. Civil Revisional Case No. 48 of 1984. Judgment AM Mahmudur Rahman J.- This Rule at the instance of the defendants-petitioners Nos.1 to 3 is directed against the judgment and decree passed......maluddin was only a co-sharer in the disputed land, the lower ap­pellate Court illegally decreed the suit as a whole. The learned Advocate for the petitioners further sub­mitted that the land being ejmali property and other co-sharers being in possession jointly with the plaintiff-opposite party t..

Category: Property Law | Date: | Hits: 95

Abu Bakar Sikder Vs. Monowara Begum (Mst.), 1989, 18 CLC (HCD)

....through many-borga cultivators. She emphatically states that no one possessed the heba property save and except herself. D.W.2 Abdul Wahab Rari states in his depo­sition that he borga cultivated the land in item No.5 of the schedule under the defendant No.1 since 1375 BS Before that he used to cult......affirmed. Ed. This Case is also Reported in: 42 DLR (HCD) (1990) 403. ......do not find any substance in the appeal and the same is dismissed with cost. The judgment and decree of the Court below are affirmed. Ed. This Case is also Reported in: 42 DLR (HCD) (1990) 403. ..

Category: Property Law | Date: | Hits: 152

Hafizuddin Vs. State, 1989, 18 CLC (HCD)

....e present. It has also been brought out in the cross-examination of this witness that the Chairman (P.W.5) was present at the time of lodging of the FIR. He has denied the defence suggestion that for land dis­pute with accused Kofiluddin and for defeat of Moh­sin Ali in the Chairmen Election, he (......t him be released from jail forthwith if not wanted in connection with any other case. Ed. This Case is also Reported in: 42 DLR (HCD) (1990) 397. ......quitted of the charge levelled against him. Let him be released from jail forthwith if not wanted in connection with any other case. Ed. This Case is also Reported in: 42 DLR (HCD) (1990) 397. ..

Category: Criminal Law | Date: | Hits: 92

Shahidulla @ Md. Shahidulla & others Vs. State, 1988, 17 CLC (HCD)

....informant Shahidul, son of Haji Khandaker Ahmed Ali and accused Asheque Ali, petitioner No.3 still pending in a Civil Court in respect of the disputed plot No.2680/3168 measuring about 70 decimals of land of mouza Nandanpur; that the disputed plot is in the possession of the infor­mant; that on 8.1......ajpur till commence­ment of the trial of this case before the learned Ses­sions Judge. Ed. This Case is also Reported in: 42 DLR (HCD) (1990) 394.......he satisfaction of the Deputy Commissioner, Dinajpur till commence­ment of the trial of this case before the learned Ses­sions Judge. Ed. This Case is also Reported in: 42 DLR (HCD) (1990) 394...

Category: Criminal Law | Date: | Hits: 74

Rajendra Nath Shaha @ Rajendra Prasad Shaha & another Vs. Md. Sonaullah Pramanik & others, 1989, 18 CLC (HCD)

....Bikash Roy Choudhury J.- This Rule arises out of a suit instituted by op­posite party No.1 seeking a declaration that the or­ders dated 28.7.78 and 12.4.82 passed by defendants 1 and 3 treating the land in suit as described in the schedule of the plaint as vested property were illegal, without jur......s. Md. Sonaullah Pramanik & others..................................Opposite Parties Judgment August 8, 1989. Result: The Rule is made ab­solute. Cases Referred to- Hardit Singh Vs. Gurmukh Singh, AIR 1928 (PC) 1; Abdul Jalil Sikdar and others Vs. Khorshed Ali Dakua and or......isposal in accordance with law and consonant to the observations made by this Court. The parties shall bear their respective costs. Ed. This Case is also Reported in: 42 DLR (HCD) (1990) 393. ..

Category: Administrative Law | Date: | Hits: 488

Ujjal Hossain (minor) & Others Vs. Firoja Khatun & Others, 1989, 18 CLC (HCD)

....sor of the present petitioners, and opposite-party Nos.19 to 24 as plaintiffs instituted Title Suit No.72 of 1975 in the First Court of Munsif, Kushtia for declaration of title in respect of the suit land. The defendant op­posite party Nos.2, 3, 4, 5, 13, 15, 16 and 19 con­tested the suit by filin...... This Case is also Reported in: 41 DLR (HCD) (1989) 481.......ners as plaintiffs in the aforesaid suit and also to proceed with the suit in accordance with law. There shall be no order as to costs. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 481...

Category: Property Law | Date: | Hits: 98

Anwara Khatun & Others Vs. Geasuddin Ahmed & Others, 1986, 15 CLC (HCD)

....that rain water would not fall on the pathway of the plaintiff, but the Court took an undertaking from the defendant that they will not erect any sunshed over his window on the side of the plaintiffs land, and also an undertak­ing from the defendant that they will attach a pipe on the roof so that ...... High Court Division (Dhaka Bench) (Civil Revisional Jurisdiction) Present: Anwarul Hoque Chowdhury J Anwara Khatun & Others………………………Petitioners Vs. Geasuddin Ahmed & Others…………………………Opposite Parties Judgment September 1, 1986......tance in this Rule, which is accordingly discharged, with­out any order as to costs. The order directing status quo is hereby vacated. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 474...

Category: Civil Law | Date: | Hits: 178

Md. Humayun Shaikh Vs. State, 2011, 40 CLC (HCD)

....de allegation that on the previous day after evening he and his mother-in-law Rabeya Begum went to the house of one Habibur Rahman Kha of the same village to bring a via-deed in respect of a piece of land, which his father-in-law had purchased 10/12 years back. On the way of coming back, they had re......gly the appeal, having no merit, is dismissed. Send down the lower Court records. Naima Haider, J.- I agree. Ed. This Case is also Reported in:......ny reason to interfere with the same. Accordingly the appeal, having no merit, is dismissed. Send down the lower Court records. Naima Haider, J.- I agree. Ed. This Case is also Reported in:..

Category: Criminal Law | Date: | Hits: 125

Md. Alamgir Bhuiyan Vs. State, 2012, 41 CLC (HCD)

....ook and pass book against the bank account maintained by the Madrash etc. 3. On receipt of the complaint, the Magistrate sent it for judicial inquiry to be conducted by the Assistant Commissioner (land) Devidwer, Comilla by his order dated 10.8.1997. The Assistant Commissioner after holding judic......e of the Rule is vacated. Communicate a copy of the judgment immediately. Mohammad Marzi-ul-Huq J.- I agree. Ed. This Case is also Reported in: ......e order of stay granted at the time of issuance of the Rule is vacated. Communicate a copy of the judgment immediately. Mohammad Marzi-ul-Huq J.- I agree. Ed. This Case is also Reported in: ..

Category: Criminal Law | Date: | Hits: 85

Rahmania Agencies Ltd. and another Vs. Bangladesh and others, 1989, 18 CLC (HCD)

....ny and petitioner No.2 is the director of the company. So, the word 'petitioner' hereinafter referred to shall mean and include both the petitioners). It is the case of the petitioner that a piece of land at plot No.151, Motijheel Commercial Area, Dhaka measuring 7 kathas and 8 chattaks was allotted......wful authority and are of no legal effect. There will be no order as to costs. Ed. This Case is also Reported in: 42 DLR (HCD) (1990) 363. ......tion are hereby declared to have been passed without lawful authority and are of no legal effect. There will be no order as to costs. Ed. This Case is also Reported in: 42 DLR (HCD) (1990) 363. ..

Category: Property Law | Date: | Hits: 115

Registrar Vs. Sahrab Jan & others, 1995, 24 CLC (HCD)

....litating him to bring into records two documents (Exts.22 and 23) by recalling P.W.1 to prove those document. 2. The opposite party No.1 has filed the suit for declaration of his title in .01 acre lands. His case is that some lands from the suit plot belonging to the plaintiffs’ predecessor Uji......site Parties Judgment July 27, 1995. Result: The Rule is discharged. Cases Referred to- Ranjit Kumar Rakshit Vs. Sudhir Kumer Chowdhury, 38 DLR 39; Brahman Dutta Vs. East Punjab Province and others, AIR 1958 (Punjab) 351;27 DLR,423; Md. Ibrahim Vs. Md. Alauddin and others; Nurul Is......ioning failure of justice. In the result, the Rule is discharged. The stay order granted earlier by this Court in hereby vacated. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 214. ..

Category: Property Law | Date: | Hits: 126

Bangladesh Vs. Waker Ahmed and others, 1995, 24 CLC (HCD)

....ntiff but the same was illegally declared as abandoned property in spite of the fact that the plaintiff was always within this country even during liberation war of Bangladesh and possessing the suit land through his tenants. The suit thereafter was transferred to the Court of Additional Subordinate...... Vs. Waker Ahmed and others.................Opposite Party Judgment April 13, 1995. Result: The application is rejected. Case Referred to- Pamulapati Varadayya Vs. Kommareddi Chinnappare Chinnappareddi and another, AIR 1956 Andhra Prodesh 64. Lawyers Involved: AK Badrul ......se at this stage on this belated application of the defendant‑respondent‑petitioner. The application is accordingly rejected. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 211. ..

Category: Limitation Law | Date: | Hits: 211

Jinnatunessa Vs. Bangladesh, 1995, 24 CLC (HCD)

.... that the ex parte decree passed in Misc case No.142 of 1970 by the learned Munsif, Sadar Mymensingh is fraudulent, illegal, void and not binding upon the plaintiff, alleging inter alia that the suit land measuring 0.200 Saharangsha recorded in Plot Nos.7025 and 7026 No.702 under old Khatian No.(SA)...... No.492 of 1981 is dismissed. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 208....... Subordinate Judge, 1st Court, Mymensingh in OC Appeal No.125 of 1986 are hereby set aside and the OC Suit No.492 of 1981 is dismissed. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 208...

Category: Limitation Law | Date: | Hits: 239

Shadesh Chandra Saha Vs. State, 1995, 24 CLC (HCD)

....e there is a specific punishment provided in a Special Act it takes principle of the general punishment under the Penal Code, but where there is no specific punishment Provided the general law of the land under the Penal Code comes into operation if requirements in any section thereof are satisfied....... taking contrary view had summarily rejected the said applications of the said accused. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 206. ......ule and non‑schedule offences and this Court taking contrary view had summarily rejected the said applications of the said accused. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 206. ..

Category: Criminal Law | Date: | Hits: 133

Moktar Hossain Vs. Budhi Bala Dashi, 1994, 23 CLC (HCD)

....y filing a joint written statement. These defendants denied the material allegations of the plaint and asserted that the suit is not maintainable. The positive case of the defendants is that the suit land originally belonged to Jitendra Nath Talukdar who obtained decrees in Title Suit No.27 of 1960 ......is Case is also Reported in: 48 DLR (HCD) (1996) 202. ...... of Mr. Amin is sustainable in law and they have no legs to stand upon. The result is that the appeal is dismissed without cost. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 202. ..

Category: Property Law | Date: | Hits: 183

Chand Mian (Md.) Vs. Khodeza Bibi and others, 1989, 18 CLC (HCD)

....r. Md. Matiar Rahman, Munsif, 1st Court, Tangail in O.C. Suit No.801 of 1979 decreeing the suit of the plaintiff-petitioner. 2. Briefly stated the case of the plaintiff-petitioner is that the suit land belonged to defendant Nos. 1-4. The plaintiff and the defendants entered into an unregistered b......the trial Court are restored. Let the L.C. records be sent down immediately. Ed. This Case is also Reported in: 42 DLR (HCD) (1990) 344.......f the appellate Court below are set aside and those of the trial Court are restored. Let the L.C. records be sent down immediately. Ed. This Case is also Reported in: 42 DLR (HCD) (1990) 344...

Category: Property Law | Date: | Hits: 133

Fatima Begum (Mst.) Vs. Government of Bangla­desh and others, 1989, 18 CLC (HCD)

....e Abandoned Buildings published on 23rd September, 1986 in Bangladesh Gazette stating that it is not an Abandoned Property but it was wrongly included in the said list. It was further stated that the land belonged originally to one Nabijan and after her death her heirs sold it to one Jahanara on 2.1......ted Court of Settlement. Let the records of the case be sent down at once. Ed. This Case is also Reported in: 42 DLR (HCD) (1990) 342. ......e heard and disposed of afresh by the properly constituted Court of Settlement. Let the records of the case be sent down at once. Ed. This Case is also Reported in: 42 DLR (HCD) (1990) 342. ..

Category: Labour and Industrial Law | Date: | Hits: 197

Lal Banoo and others Vs. Md. Yasin Abdul Aziz and others, 1989, 18 CLC (HCD)

....্বত্বে স্থিতিবান) =occupancy raiyat. Fa­loo had 16 annas raiyaty right in the aforessid plots of the said two Khatians. While he was owning and possessing the aforesaid lands in assertion of his right and title, he died before the last settlement op­eration leaving be......ts. The Judgement and decree passed by the learned Subordinate Judge, Dhaka is affirmed. Ed. This Case is also Reported in: 42 DLR (HCD) (1990) 335.......hat the plaintiffs are also co-sharers to the extent of 1/3rd share of the compensation money. 7. As the defendants did not pay any heed to the request of the plaintiffs to effect partition of the ejmali properties amicably by metes and bounds and allow them to have 1/3rd share of the compensatio..

Category: Property Law | Date: | Hits: 135