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Mohadashi Sutradhar and another Vs. Monindra Chandra Sannyashi and others, 2011, 40 CLC (AD)
....fendant No.1 Mohadashi Sutradhar by a deed of gift dated 04.12.19978 and since then defendant No.1 has been possessing the suit land through her son defendant No.2. The suit was filed by making false statements and as such, the same was liable to be dismissed. 6. Defendant No.4 in his written s...... those of the appellate Court and consequently no merit in the submission of Mr. Awlad Ali. Accordingly, this petition is dismissed. Ed. This Case is also Reported in: VIII ADC (2011) 773. ..Category: Property Law | Date: | Hits: 68
Sukendra Bikas Das and others Vs. Anil Baran Das and others, 2010, 39 CLC (AD)
....st, 1876 against this recording but it was rejected. 4. Defendant Nos.2-14 also contested the suit denying the claim of the plaintiff. Defendant Nos.15-17, 18-20 and 23 also filed separate written statements and contested the suit denying the claim of the plaintiff in the suit land. 5. The l......pare the paper book out of court in accordance with rules. The order of stay granted earlier be extended till disposal of the appeal. End. This Case is also Reported in: VIII ADC (2011) 764. ..Category: Property Law | Date: | Hits: 74
Noni Gopal Das and others Vs. Dinesh Chandra Das and others, 2011, 40 CLC (AD)
....ion and subsequently did not return the same by saying that it had been lost. Being afraid of the criminal case the defendants put their signatures in the papers connected with the criminal case. The statements made by the defendants in the criminal case are not correct. 5. On conclusion of heari...... order and as such, the same does not call for interference by this Court. Accordingly, the petition for leave to appeal is dismissed. Ed. This Case is also Reported in: VIII ADC (2011) 739. ..Category: Property Law | Date: | Hits: 62
....Bench discussed the principle of law enunciated by the Privy Council in the case of Secretary of State Vs. Mask and Co. as referred to by Mr. Habibulla. In conclusion I hold that in view of the clear statements made in the plaint as to the cause of action and the reliefs sought for therein, the suit......defendants under Order VII, rule 11 of the Code of Civil Procedure is allowed.
The plaint of title Suit No.12 of 2002 is hereby rejected.
Ed.
This Case is also Reported in: 57 DLR (2005) 34.
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Category: Employment/Service Law | Date: | Hits: 66
....eme Court of Bangladesh, the Government is duty bound to place before it all the materials, including confidential file of the detenu and Affidavit‑in‑opposition, if so advised, controverting the statements made in the writ petition, if there be any need at the time of hearing of the Rule justif......ngla, District Bagerhat, now detained in Bagerhat district jail, be set at liberty forthwith, if not wanted in connection with any other case.
Ed.
This Case is also Reported in: 57 DLR (2005) 32...
Category: Criminal Law | Date: | Hits: 64
Emdadul Hoque Vs. State, 2004, 33 CLC (HCD)
....ing post‑mortem examination, visited the place of occurrence and prepared sketch-map with separate index thereof, seized alamats by preparing seizure list, examined the witnesses and recorded their statements under section 161 of the Code of Criminal Procedure and thereafter submitted a charge-she...... or treating it as a motivated one. 17. Admittedly there is no eye‑witness to the occurrence. It may be argued that the deceased died in the house of her husband far away from the house of her parents and, as such, it is natural and probable that the neighbor of the accused-appellant will not d..Category: Criminal Law | Date: | Hits: 76
Air Marshal Jamaluddin Ahmed (Retd) Vs. Government of Bangladesh and others, 2004, 33 CLC (HCD)
....le was opposed on behalf of the respondents by swearing an affidavit-in-opposition on 9‑12‑2003 denying all material allegations. It is stated in the said affidavit-in-opposition, in reply to the statements made in paragraph 8 of the petition, that the background on which the petitioner was prom......om the date of receipt of the copy of this judgment and order. In the result, the Rule is made absolute but without any order as to costs. Ed. This Case is also Reported in: 57 DLR (2005) 1. ..Category: Employment/Service Law | Date: | Hits: 148
State Vs. Abdul Hatem, 2003, 32 CLC (HCD)
....ce on record. Informant PW 1, PW 2, PW 3, PW 4, PW 5, PW 6 and PW 7 unequivocally gave testimonies that Rahima Khatun made disclosure that condemned prisoner inflicted dagger blow on her belly and statements of the above stated prosecution witnesses do not at all appear to have suffered any sort ......Jamalpur in Sessions Case No. 76 of 1999 arising out of Sarishabari Police Station Case No. 19(6)/97 corresponding to GR Case No. 462(2)97. Ed. This Case is also Reported in: 56 DLR (2004) 431. ..Category: Criminal Law | Date: | Hits: 75
Commander (Rtd) A A Chowdhury Vs. AKM Imam Hossain and others, 1996, 25 CLC (HCD)
.... reference by this Court. In the result, the Rule is discharged with costs. The stay granted earlier by this Court is hereby vacated. Ed. This Case is also Reported in: 49 DLR (HD) (1997) 23 ......he learned Courts below found that defendant No.2 as an illegal and unauthorised occupant in the suit premises and decreed the suit against both the defendants for eviction and for recovery of arrear rents from defendant No.2 by the impugned judgment and decree. 7. Mr. SR Paul, the learned senior..Category: Property Law | Date: | Hits: 65
Government of Bangladesh and others Vs. Mohammad Alamgir Hossain and others, 2011, 40 CLC (AD)
....mitted to prepare the paper book out of Court in accordance with rules. The parties are directed to maintain status quo till disposal of the appeals. The appellants are directed to file concise statements within 20th March, 2011 and the respondents are also directed to file concise statements ...... the respondents are also directed to file concise statements by 3rd April, 2011. The appeals are fixed for hearing on 25th April, 2011. Ed. This Case is also Reported in: VIII ADC (2011) 702. ..Category: Property Law | Date: | Hits: 57
Mosammat Manikjan Bibi Vs. Md. Jalil alias Abdul Jajil and others, 2011, 40 CLC (AD)
....nd reversed the judgment and order passed by the appellate Court. We find no substance in this petition which is accordingly dismissed. Ed. This Case is also Reported in: VIII ADC (2011) 695. ...... in Mutation Case No.77 of 1979-80 and the jama was separated and was fixed at Tk. 9/-. Accordingly, Separation Khatian No .7 6 has been prepared in name of seller Nowab Ali who had since been paying rents separately. After that, Nowab Ali sold the case land to both the pre-emptees. Therefore, the J..Category: Property Law | Date: | Hits: 58
.....
The preparation of paper books is dispensed with as prayed for.
The order of status-quo granted earlier shall continue till disposal of the appeal.
The appellant shall submit the concise statements by 12th April, 2011 and 1(one) week thereafter the respondent will file the concise state......lant shall submit the concise statements by 12th April, 2011 and 1(one) week thereafter the respondent will file the concise statements.
Ed.
This Case is also Reported in: VIII ADC (2011) 685.
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Category: Property Law | Date: | Hits: 48
Government of Bangladesh and another Vs. Monwarul Alam and others, 2011, 40 CLC (AD)
....rder dated the 2nd March, 2010 passed by the High Court Division in Civil Revision No.1737 of 1996 is stayed till disposal of the appeal. Ed. This Case is also Reported in: VIII ADC (2011) 679. ......ntiffs paid up the loan of the House Building Finance Corporation. After purchase the plaintiffs got possession of the suit land and erected boundary wall. The plaintiffs mutated their names and paid rents. The plaintiffs also constructed a room in the 2(two) storied building. The plaintiffs used ..Category: Property Law | Date: | Hits: 54
A. Rahman Lasker and other Vs. Abul Kalam and other, 2011, 40 CLC (HCD)
.... granted at the time of issuance of Rule is hereby vacated. Send down a copy of this order to the Court below at-once for information and necessary action. Ed. This Case is also Reported in: ......eresta and according to their prayer “Charcha Map” was prepared in respect of 10.00 acres of land of plot No. 1020 and settled the same in favour of plaintiffs by way of settlement cases and paid rents to the Government Sheresta. The plaintiff have been possessing the suit land by cultivating cr..Category: Administrative Law | Date: | Hits: 199
Manjurul Huq Vs. Bangladesh and others, 1991, 20 CLC (HCD)
....0.1.91 when a Sub‑Inspector of Ramna PS would also be present. On the grounds stated above the application is summarily rejected. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 239.......n receipt of information that a dispute likely to cause a breach of the peace exists concerning any land or water which includes buildings, markets, fisheries, crops or other products of land and the rents or profits of any such property. Respondent No.7, the Chief Metropolitan Magistrate cannot be ..Category: Civil Law | Date: | Hits: 56
Shadat Ali and another Vs. State, 1991, 20 CLC (HCD)
....er to sift the grain from the chaff which we shall do later on. 18. Let us now pass on to consider the grievance of the learned Advocate for the appellants regarding the alleged delay in recording statements u/s 161 of the Code of Criminal Procedure of some of the PWs. The learned Advocate for th......bail bond forthwith and serve out the remaining sentence passed against him. Let the records of the case be sent down expeditiously. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 217. ..Category: Criminal Law | Date: | Hits: 73
Agrani Bank Limited Vs. M/S. Kalipada Saha & Brothers and others, 2011, 40 CLC (AD)
....ourt in exercising jurisdiction under section 115 of the Code of Civil Procedure. 7. From the judgment of the appellate Court it appears that it agreed with the finding of the trial Court that the statements of account did not tally with the claim of the bank and thus, the plaintiff bank failed t......of fact arrived at by the appellate Court, consequently, we find no merit in the leave petition. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: VIII ADC (2011) 637...Category: Civil Law | Date: | Hits: 55
Halima Bibi Vs. The Chairman & another, 1992, 21 CLC (HCD)
....o legal effect. The property in question stands excluded from the list of abandoned property. We, however, make no order as to cost. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 197....... as Annexure 'C' to the petition. After purchase of the same property Syed Mosaheb Ali mutated his name in the Revenue Records of the Govt. and in the Municipal records as owner thereof. He also paid rents and levies. Photostat certified copies of mutated SA Khatian and Municipal Tax‑receipt are a..Category: Property Law | Date: | Hits: 64
Kudrat‑E‑Elahi Panir and others Vs. Bangladesh, 1991, 20 CLC (HCD)
....re not elected by the people and, as such, the impugned Ordinance is void. 6. The respondent‑Government in all the writ petitions filed separate affidavits‑in‑opposition controverting the statements made in the respective petitions and contending, inter alia, that the area of previous ......nterpretation of the Constitution, particularly, Articles 7(2), 8(2), 9 and 59 read with the first item of Article 152(1) thereof. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 179. ..Category: Constitutional Law | Date: | Hits: 461
Yunus Kha and others Vs. Abdul Momin and others, 2011, 40 CLC (AD)
....ng more land beyond their shares. The suit property has not yet been partitioned by metes and bounds and hence the suit. 4. Two sets of defendants contested the suit by filing two separate written statements having similar contents. As per their written statements, the suit property belonged to R......ation of materials on record do not call for interference. Accordingly the civil petition for leave to appeal is dismissed summarily. Ed. This Case is also Reported in: VIII ADC (2011) 613. ..Category: Property Law | Date: | Hits: 73
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