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Lalima Begum and another Vs. Chairman, Court of Settlement, 1st Court, Dhaka and another, 1997, 26 CLC (HCD)

....he Bangladesh Gazette Extraordinary dated 29thSeptember, 1986), has been made without any lawful authority and is of no legal effect. Ed. This case is also Reported in:49 DLR (HCD) (1997) 325. ......ner Vs. Chairman, Court of Settlement, 1st Court, Dhaka and another………………Respondents Judgment March 12, 1997. Result: The Rule is made absolute. Lawyers Involved: Masood R Sobhan, Advocate ‑ For the Petitioners. Saifuddin Ahmed, Deputy Attorney‑General - Fo......of the abandoned buildings published in the Bangladesh Gazette (Extraordinary) dated 29th September, 1986 under the provisions of the above Ordinance. 3. The case of the petitioners, in short, is that the case property was leased out to Ahmed Reza on 7‑9‑1961 by the then ADC, Dhaka as "Relief......of Settlement, 1st Court, Dhaka and another………………Respondents Judgment March 12, 1997. Result: The Rule is made absolute. Lawyers Involved: Masood R Sobhan, Advocate ‑ For the Petitioners. Saifuddin Ahmed, Deputy Attorney‑General - For the Respondents. Writ Pet..

Category: Property Law | Date: | Hits: 116

Begum Shamsunnahar Chowdhury Vs. Md. Masud Jamal and others, 1994, 23 CLC (HCD)

....t aside. 2. The relevant facts as per the pleadings of the parties are, that the petitioner as plaintiff instituted OC Suit No.290 of 1990 claiming that she had constructed a house on the schedule land by taking a loan of Taka 3,28,000.00 from the House Building Finance Corporation, Rajshahi, Sub......down at once. Ed. This Case is also Reported in:48 DLR (HCD) (1996) 267. ......Chowdhury...............Petitioner Vs. Md. Masud Jamal and others................Opposite Party Judgment November 23, 1994. Result: The Rule is discharged. Cases Referred to- Chattu Kutti Vs. Kundan, 1931 (61) (MLJ 852); Todd Vs. Superior Court, (1919) 7 ALR 938; West Pakista...... and others................Opposite Party Judgment November 23, 1994. Result: The Rule is discharged. Cases Referred to- Chattu Kutti Vs. Kundan, 1931 (61) (MLJ 852); Todd Vs. Superior Court, (1919) 7 ALR 938; West Pakistan Industrial Development Corporation Vs. Aziz Qureshi, PLD 1..

Category: Civil Law | Date: | Hits: 132

Hanif Chowdhury alias Serajul Islam Chowdhury Vs. Mohammad Hasan Ali and another, 2007, 36 CLC (HCD)

....ecreeing the suit should not be set aside and/or such other or further order or orders passed as to this Court may seem fit and proper. 2. Facts relevant for disposal of the Rule are that the suit land belonged to the minor defendant Hanif Sarder. His mother Rahima Begum on behalf of her minor so...... lower Court's record at once. Ed. This Case is also Reported in: 15 BLT (HCD) (2007) 415. ......244 of 1999 decreeing the suit should not be set aside and/or such other or further order or orders passed as to this Court may seem fit and proper. 2. Facts relevant for disposal of the Rule are that the suit land belonged to the minor defendant Hanif Sarder. His mother Rahima Begum on behalf of...... Archang Proshad Nandy Vs. Chilia Rashid and others, 1982 BLD (AD) 90; Mehem Hossain and others Vs. Nazrul Islam and others, 46 DLR 86. Lawyers Involved: Mahbbubey Alam with Mohd. Safar Ali - For the Petitioner. No one appears - For the Opposite Parties. Civil Revision No.2320 of 1992. ..

Category: Civil Law | Date: | Hits: 129

Md. Abdul Hye and others Vs. State, 2005, 34 CLC (HCD)

....bu Zafor Siddiky alias Akhter who are currently on bail are discharged from their respective bail bond. Send down the LCR at once. Ed. This Case is also Reported in: 15 BLT (HCD) (2007) 403. ......(Act No. II of 1947); section 5(2) To establish the charge under clause (c) of sub-section 5, the prosecution firstly is to prove that the accused had dominion or control over the property which was also entrusted on him and he dishonestly or fraudulently misappropriated or converted the same fo......he appeal is allowed. The Prevention of Corruption Act, 1947 (Act No. II of 1947); section 5(2) To establish the charge under clause (c) of sub-section 5, the prosecution firstly is to prove that the accused had dominion or control over the property which was also entrusted on him and he dis......and others………………………Appellants Vs. The State…………………………Respondent Judgment August 10, 2005. Result: The appeal is allowed. The Prevention of Corruption Act, 1947 (Act No. II of 1947); section 5(2) To establish the charge under clause (c) ..

Category: Criminal Law | Date: | Hits: 109

Md. Abdul Quddus and another Vs. State, 2005, 34 CLC (HCD)

....other case and the accused Md. Rafiqul Islam who is currently on bail is discharged from his bail bond. Send down the LCR at once. Ed. This Case is also Reported in: 15 BLT (HCD) (2007) 470. ...... another…………………………..Petitioners Vs. The state…………………………….Opposite party Judgment July 30, 31, 2005. Result: The rule is made absolute. Cases Referred to- Abdul Bahar @ Abul Bahar and others Vs. The State, 5 BLD 84; Gaziur Rahman Vs. ......case No.73 of 1996 arising out of Nilphamari P.S. Case No.2 dated 03.04.1996. 2. The case of the prosecution as per evidence led in support of the charge leveled against the accused, in short, is that officer-in-charge of Nilphamari police station came to know from one Babul Hossain, passenger of......e rule is made absolute. Cases Referred to- Abdul Bahar @ Abul Bahar and others Vs. The State, 5 BLD 84; Gaziur Rahman Vs. The state, 11 BLD 11. Lawyers Involved: A.K.M. Shamsul Karim - For the petitioners. Shamim Ara Dora Assistant Attorney-General - For the State. Criminal Revis..

Category: Criminal Law | Date: | Hits: 119

Bangladesh Vs. CMA CGM Bangladesh Shipping Limited, 2009, 38 CLC (AD)

....ed company incorporated on 04.01.2007 under the laws of Bangladesh for conducting the business of cargo agents, forwarding agents, clearing agents and/or general agents for operators of air, sea, land and inland waterway carriage undertakings; that the respondent No.1 is the Government of Bang......ate instructed by Mvi. Md. Wahidullah, Advocate-on-Record- For Respondent No. 2. Civil Petition for Leave to Appeal No. 139 of 2009. (From the order dated the 1st day of December, 2008 passed by the High Court Division in Writ Petition No. 9537 of 2008). Order Mohammad Fazl....... Lawyers Involved: Mahmudul Islam, Senior Advocate instructed by Ferozur Rahman, Advocate-on-Record-For the Petitioners. Salahuddin Ahmed, Senior Advocate instructed by Mrs. Sufia Khatun, Advocate-on-Record-For Respondent No. 1. Rafique-ul Huq, Senior Advocate instructed b......s Vs. CMA CGM Bangladesh Shipping Limited……………...Respondent Order January 28, 2009. Result: Leave is granted. Lawyers Involved: Mahmudul Islam, Senior Advocate instructed by Ferozur Rahman, Advocate-on-Record-For the Petitioners. Salahuddin A..

Category: Administrative Law | Date: | Hits: 318

State Vs. Abul Howlader, 1995, 24 CLC (HCD)

....ed in the house during the night and in the morning again he entreated his father‑in‑law to allow his wife to go with him but his father‑in‑law refused and went to the field for ploughing the land. Thereafter Abul approached his mother‑in‑law but she also turned down his prayer. Being re......is dismissed. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 257.......ppeal No.1251 of 1992. The reference as well as the jail appeal have been heard together and will now be disposed of by this common Judgment. 2. Short facts for the disposal of the reference are, that accused Abul Howlader married Khodeja Begum, daughter of the informant Shamsuddin Howlader, and ...... Judgment June 11, 1995. Result: The reference is rejected. The jail appeal is dismissed. Case Referred to- AIR 1977 SC 45. Lawyers Involved: Amirul Kabir Chowdhury, Deputy Attorney-General ‑ For the State. Not Represented ‑ For the Condemned Prisoner. Death Referen..

Category: Criminal Law | Date: | Hits: 97

Khorshed Alam Vs. State & others, 1982, 11 CLC (HCD)

....ccordance with law. In the result, the rule is made absolute. Send down the record at once. Anwarul Hoque Chowdhury J.- I agree. Ed. This Case is also Reported in: 35 DLR (HCD) (1983) 401.......lam…………………………Petitioner Vs. The State & others…………………………Opposite-Party Judgment November 2, 1982. Result: The rule is made absolute. Cases Referred to- Suruj Meah and others Vs. Rahim Ullah and others, 33 DLR 8. Lawyers Involved......y the learned Sessions Judge, Bakerganj in Sessions Case No.213 of 1980 under sections 436/302/34 of the Penal Code arising out of Bhola P.S. case No.11 dated 22.1.80. 2. The facts, in short, are that the petitioner lodged an F.I.R. on 22.1.80 with Bhola Police Station under sections 436/302/34......s made absolute. Send down the record at once. Anwarul Hoque Chowdhury J.- I agree. Ed. This Case is also Reported in: 35 DLR (HCD) (1983) 401...

Category: Procedural Law | Date: | Hits: 100

Mst. Fatema Begum and others Vs. AKM Gyasuddin Sarder and others, 2007, 36 CLC (HCD)

....Assistant Judge, Savar Thana, Dhaka, impleading the petitioners as defendants praying for a permanent injunction. The plaintiffs stated in the plaint that the plaintiff No.1 purchased .78 decimals of land under S.A. Plot No.10, and he subsequently sold some portions of his purchased land to the othe......5 BLT (HCD) (2007) 534.......not be set aside. 2. Defendants as petitioners filed an application under section 115(1) of the Code of Civil Procedure and obtained this rule. 3. Facts necessary for disposal of this rule are that opposite parties No.1-7, as plaintiffs instituted Title Suit No.132 of 95, in the Court of Assis......………..Opposite Party Judgment May 03, 2007. Result: The rule is made absolute. Cases Referred to- Md. Siddique and others Vs. Haji Ahmed, PLD 1967 Karachi at 468; PLD 1968, Lahore 367; 57 DLR (AD) 112; 6 BLC (AD) 130; 7 MLR (AD) 7; 51 DLR (AD) 81. Lawyers Involved: Md. ..

Category: Procedural Law | Date: | Hits: 97

Sreemati Hari Rani Basak and others Vs. Government of Bangladesh and others, 2007, 36 CLC (HCD)

.... up for consideration in Anil Kumar Dutta Chowdhury Vs. Province of East Pakistan and others, 23 DLR HCD 108. Fourth Twelfth Respondents in Writ Petition had been granted lease/settlement of the suit land by Third-Respondent Assistant Custodian of Enemy Property and lessee had been authorized by Ene......t down. Ed. This Case is also Reported in: 15 BLT (HCD) (2007) 506; 13 BLC (HCD) (2008) 1. ......nother Vs. Sultan Ahmed and another, 40 DLR HCD 369; Doorga Narain Sen Vs. Baney Madhub Mozoomdar; Bell Vs. Kennedy, (1868) LR 1 HL 307; Winans and another Vs. Attorney General, (1904) AC 287; Abida Khatoon and another Vs. State of U.P. and others, AIR 1963 Allahabad 260; Superintendent and Remembra......ak being dead her heirs: I(i) Sree Narayan Chandra Basak and others………………………Plaintiffs-Petitioners Vs. Government of Bangladesh, represented by the Deputy Commissioner, Collectorate Building, P.S. Kotwali, District-Dhaka and others………………………Defendants-Opposit..

Category: Procedural Law | Date: | Hits: 108

Zafar Ali (Md.) Vs. Md. Momtaz Hasan & others, 1997, 26 CLC (HCD)

....ion. 2. Petitioner filed the suit for declaration that the two Kabala deeds dated 18‑3‑1981 executed and registered by the plaintiff in favour of defendant opposite party No.1 transferring the lands of Ka and Kha schedule of the plaint have embraced the nature of usufructuary mortgage and not...... 319. ...... allowing the appeal and reversing the Judgment and decree dated 26‑5‑1991 passed in Other Class Suit No.266 of 1987 by the Additional Assistant Judge, Natore, decreeing the suit for declaration that the transfers are mortgage and are subject to redemption. 2. Petitioner filed the suit for de......d Administration and others, 26 DLR 304; 1995 (BLD) 135; 16 BLD (AD) 299; AIR 1926 (Bom) 479; AIR 1932 (Mad) 703; AIR 1926 (Boin) 497; 47 DLR 67. Lawyers Involved: Shahidul Islam, Advocate ‑ For the Petitioner. ABM Nurul Islam, Advocate ‑ For the Opposite Party. Civil Revision No.315..

Category: Property Law | Date: | Hits: 117

Tohfa Khatun and others Vs. Moulavi Mukhilisur Rahman and others, 1997, 26 CLC (HCD)

....subsequently the said suit was transferred in the Court of learned Subordinate Judge, 4th Court, Dhaka and re‑numbered as Title suit No.89 of 1967. The said suit was filed for partition of the suit land of CS plot No.71 of Mouja Rajumshuri and plot No.109 of Mouja Shibpur. Total area of said plot......��…………Petitioners Vs. Moulavi Mukhilisur Rahman and others……………………………Opposite Parties Judgment January 21, 1997. Result: The Rule is made absolute. Case Referred to- 46 DLR 273. Lawyers Involved: Mahbubey Alam with Ali Aminuddi, Advocates �......ereby vacated. Ed. This Case is also Reported in: 49 DLR (HCD) (1997) 315. ......�Opposite Parties Judgment January 21, 1997. Result: The Rule is made absolute. Case Referred to- 46 DLR 273. Lawyers Involved: Mahbubey Alam with Ali Aminuddi, Advocates ‑ For the Petitioner. Md. Nawab Ali, Advocate ‑ For opposite Parties. Civil Revision No. 4584 o..

Category: Procedural Law | Date: | Hits: 118

Dilruba Aktar Vs. AHM Mohsin, 2003, 32 CLC (HCD)

....ation Council shall (a) pay immediately the entire amount of the dower, whether prompt of deferred, due to the existing wife or wives, which amount, if not so paid, shall be recoverable as arrears of land revenue and (b) on conviction upon complaint be punishable with simple imprisonment which may e.............Complainant-Appellant Vs. AHM Mohsin........................................Accused-Respondent Judgment April 20, 2003. Result: Criminal Appeal No.125 of 1991 is allowed. Cases Referred to- Empress of India Vs. Gayadin, (1881) ILR 4 All 148; Queen-Empress Vs. Robinson,......udgment AK Badrul Huq J.—Gateway to Justice for redressal of grievance by seekers of Justice now-a-days faces bottleneck impairing case of Justice. This case demonstrates a lamentable episode that complainant-appellant has endured a period of long fifteen (15) years to bring out into the open......ndia Vs. Gayadin, (1881) ILR 4 All 148; Queen-Empress Vs. Robinson, (1804) ILR 16 All 212; Deputy Legal Remembrancer of Bengal Vs. Amulya Charan Divan, (1913) 18 Cal WN 666‑15 Cri LJ 160; King-Emperor Vs. Debee Singh, ILR 8 Pat 496=AIR 1929 Pat 491; King Emperor Vs. U San Win, ILR 10 Rang 312=AIR ..

Category: Family Law | Date: | Hits: 165

State Vs. Md. Mobarak Ahmed Chowdhury, 2007, 36 CLC (AD)

....1 Md. Abdul Noor Chowdhury is that there was ill feelings in between his first son deceased Md. Bashir Ahmed Chowdhury and his second son condemned prisoner Md. Mobarak Ahmed Chowdhury with regard to landed property. Due to this ill feelings and enmity his first son deceased Md. Bashir Ahmed Chowdhu......dismissed. Ed. This Case is also Reported in: 20 BLT (AD) (2012) 275. ......Sessions Judge, Hobiganj, convicting the accused respondent under Section 302/324 of the Penal Code sentencing to death. 2. The prosecution case of the informant P.W.1 Md. Abdul Noor Chowdhury is that there was ill feelings in between his first son deceased Md. Bashir Ahmed Chowdhury and his seco...... Vs. Md. Mobarak Ahmed Chowdhury ……………….... Respondent Judgment October 4, 2007. Result: The leave petition is dismissed. Lawyers Involved: Syed Haider Ali, Deputy Attorney General, instructed by B. Hossain, Advocate-on- Record- For the Petitioners. A.J. Mohammad ..

Category: Criminal Law | Date: | Hits: 79

Alhaj Abdul Awal Ratan and another Vs. Abdul Mannan Mia and others, 2008, 37 CLC (AD)

....ellaneous Case No.54 of 2000 in the 4th Court of the Senior Assistant Judge, Narayangonj for pre-emption under Section 96 of the State Acquisition and Tenancy Act, 1950 alleging, inter alia, that the land covering an area of .56 acres of Plot No.1 and 0.24 acre of Plot No.2 of Jangalia mouza origina......Reported in: 20 BLT (AD) (2012) 272. ......ing aside the those of the lower appellate Court and allowing the pre-emption case thereby the judgment and order of the trial Court has been affirmed. 2. The facts led to the case, in short, are that the respondent No.1 as pre-emptor instituted Pre-emption Miscellaneous Case No.54 of 2000 in the......oners Vs. Abdul Mannan Mia and others…..........................Respondents Judgment May 18, 2008. Result: The petition is dismissed. Lawyers Involved: Abdus Salam Khan, Senior Advocate, instructed by Md. Aftab Hossain, Advocate-on-Record-For the Petitioners. A. J. Moham..

Category: Property Law | Date: | Hits: 88

M. M. Mahboob and others Vs. Sk. Abdur Rashid and others, 2004, 33 CLC (AD)

....ected themselves in making the Rule absolute. In the result, we find substance in the appeal and accordingly, the appeals are allowed. Ed. This Case is also Reported in: 20 BLT (AD) (2012) 266. ......rdingly, the appeals are allowed. Ed. This Case is also Reported in: 20 BLT (AD) (2012) 266. ...... law upon similar facts between the common parties have been heard together and this common judgment will govern both of them. 2. The case of appellants in Civil Appeal No.199 of 2000 in short is that the writ petitioners who are the respondent Nos.1-10 filed the above writ petition before the Hi...... Rashid and others …..............Respondents (In Civil Appeal No.200 of 2000) Judgment January 19, 2004. Result: The appeals are allowed. Lawyers Involved: Rokonuddin Mahmud, Senior Advocate, instructed by A. S. M. Khalequzzaman, Advocate-on-Record- For the Appellants. (In Civil..

Category: Employment/Service Law | Date: | Hits: 149

Md. Warish Uddin Chowdhury Vs. Bangladesh and others, 2008, 37 CLC (AD)

....one year. The saw Mills went into full swing operation from the beginning of 1990. That following the issuance of license the petitioner invested about Tk. 10,00,000.00 among others in developing the land, buying and installing machinery and constructing saw Mills office. 3. The petitioner has fu......on is dismissed. Ed. This Case is also Reported in: 20 BLT (AD) (2012) 253.......peal against the judgment and order dated 16.02.2006 passed by the High Court Division passed in Writ Petition No. 1319 of 2000 discharging the Rule. 2. The fact of the writ petition in short are that the petitioner was issued with a license being license No.2545/17-4 to run a saw Mills on 30.6.1......Vs. Bangladesh and others………………..............Respondents Judgment May 25, 2008. Result: The petition is dismissed. Lawyer Involved: Md. Aftab Hossain, Advocate-on-Record- For the Petitioner. None represented-For the Respondents. Civil Petition for Leave to Ap..

Category: Others | Date: | Hits: 127

Ishaque Mia (Md.) & another Vs. Abdul Mazid Mollah & others, 1995, 24 CLC (HCD)

....ila Moladi and the same was re‑numbered as Tide Suit No.197 of 1985. 3. Case of the plaintiff petitioners was that the original recorded tenant of SA Khatian No.97 and 98 totalling 4.18 acres of land were Kali Charan Somadder, Bipin Behari Somadder, Moni Mohan Somadder, Aswani Kumer Somadder, J......Md.) & another...................Petitioners Vs. Abdul Mazid Mollah & others....................Opposite Parties Judgment July 31, 1995. Result: The Rule is discharged. Cases Referred to- Hemnalini Basu Vs. Md. Sabed Ali, 12 DLR 24; Rani Mumary Devi and others Vs. Si......es Referred to- Hemnalini Basu Vs. Md. Sabed Ali, 12 DLR 24; Rani Mumary Devi and others Vs. Siva Prosad Singh, 42 CLJ 280; Moulavi Abdul Mannan Vs. Md. Rafiqul Islam and others, 46 DLR 93; Almas Khatun Vs. (Esahab) Mia, 8 DLR 82; Halimunnesa Vs., Hemendra Kumar Roy Chowdhury and others, 12 DLR 4......ddin Rahi Vs. Lilbati Das, 32 DLR 75; Mosanimat Sahera Khatun Vs. Anwara Khatun and others, 33 DLR 442; MA Mallik Vs. NH Mallik, 1986 BCR (AD). Lawyers Involved: Syed Ziaul Karim, Advocate ‑ For the Petitioners. Abdul Quayum, Advocate ‑ For the Opposite Party No.1. Civil Revision No...

Category: Civil Law | Date: | Hits: 130

Md. Nafaruddin Mollah Vs. Md. Serajuddin Khan & Others, 2007, 36 CLC (AD)

....'s permanent settlement is illegal, ineffective and without jurisdiction. 3. The plaintiff-respondent filed the suit in respect of the schedule 'A' of the plaint stating, inter alia, that the suit land was khas land of the Government and the same was leased out to the petitioners by the then Addi....... 2-7. Civil Petition for Leave to Appeal No. 355 of 2005. Judgment Mohammad Fazlul Karim J. - This Civil Petition for Leave to Appeal arose out of the judgment and decree dated 09.02.2005 passed by the High Court Division in Civil Revision No. 1621 of 1996 making the Rule absolute setting......the plaintiff's permanent settlement is illegal, ineffective and without jurisdiction. 3. The plaintiff-respondent filed the suit in respect of the schedule 'A' of the plaint stating, inter alia, that the suit land was khas land of the Government and the same was leased out to the petitioners by ......rajuddin Khan & Others…………………Respondents Judgment March 7, 2007. Result: The application is dismissed. Lawyers Involved: Abu Sams Md. Khalequzzaman, Advocate-on-Record- For the Petitioners. Md. Nawab Ali, Advocate-on-Record-For Respondent No.1. Not Represen..

Category: Property Law | Date: | Hits: 116

Abdus Salam Vs. Md. Ustar and another, 1982, 11 CLC (HCD)

....Act alleging, that they were co-sharers of the holding and that their names have been recorded in the khatian. They further alleged that the opposite party No.7 (in the pre-emption case) got the case land by way of petition and he sold it to the pre-emptee petitioner by kabala. The pre-emptor opposi......am………………………Petitioner Vs. Md. Ustar and another…………………………Opposite Parties Judgment November 16, 1982. Result: Therule is discharged. Case referred to- A.I.R 1967(SC) Page 1124. Lawyers Involved: BK Das - For the Petitioner. ......ordinate Judge, Sylhet affirming those of the learned Munsif, Moulvi Bazar, passed in an application under section 96 of the State Acquisition and Tenancy Act for preemption. Facts in short are that the pre-emptor opposite parties filed an application for preemption against the pre-emptee pet......…………………Opposite Parties Judgment November 16, 1982. Result: Therule is discharged. Case referred to- A.I.R 1967(SC) Page 1124. Lawyers Involved: BK Das - For the Petitioner. AKM Faiz - For the Opposite Parties. Civil Revision No. 50 (C) of 1982. ..

Category: Property Law | Date: | Hits: 113

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