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State Vs. Tajul Islam and 8 others, 1992, 21 CLC (HCD)

.... a copy of this Judgment be forwarded to the learned Additional Sessions Judge Brahmanbaria, for action in accordance with law. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 305. ......is two batteries torch and found 10/12 persons focussing their torches in the courtyard of Biroja. Apprehending that those persons might be dacoits, he did not raise cry loudly and went to his Kakrul land to the contiguous north and saw 20/25 persons forcibly taking away Biraja and her 5 children. H..

Category: Criminal Law | Date: | Hits: 139

Dhaka Chamber of Commerce and In­dustry Vs. Secretary, Ministry of Works of the Govt. of the People's Republic of Bangla­desh and others, 1986, 15 CLC (HCD)

....s rule is discharged with­out any order as to cost. The stay granted earlier is hereby vacated. Sultan Hossain Khan J.- I agree. Ed. This Case is also Reported in: 39 DLR (HCD) (1987) 145. ...... existed a corresponding surrender of that right by an individual as parties by agree­ment cannot cut down the provision of law (ref. 4 B.S.C.R. at page 16). Again even under the ordinary law of the land regulating contract, an agreement which would defeat the provision of any law or would cause in..

Category: Civil Law | Date: | Hits: 162

Amalendu Majumder Vs. Selimuzzaman, 1986, 15 CLC (HCD)

.... section is not defined in the Ordinance nor is the said word defined in the General Clau­ses Act According to the Oxford Concise Dictionary it means "the action deciding (con­test, question, etc.) settlement, determination, a conclusion judgment, specially one formally pronounced in a Court if la......herefore, committed no error in passing the impugned order. The Rule is, accordingly, discharged with­out any order as to costs. Ed. This Case is also Reported in: 39 DLR (HCD) (1987) 140. ..

Category: Election Law | Date: | Hits: 309

Elahi Baksh Vs. State and others, 1986, 15 CLC (HCD)

....ed not be quashed. For the reasons stated above the Rule is discharged. Send down the records at once. SF Ahmed J. - I agree. Ed. This Case is also Reported in: 39 DLR (HCD) (1987) 137. ......2 one Abdul Kadem filed a petition of complaint before the Sub-Divisional Magistrate, Tangail alle­ging therein that on 07.10.1982 the accused per­sons forming an unlawful assembly catered into the land mentioned in the schedule to the petition of complaint and cut and took away 135 bamboos and re..

Category: Criminal Law | Date: | Hits: 168

Anwar Ali (Md) Vs. Chairman, Rajdhani Unna­yan Kartipakha (RAJUK) & others, 1991, 20 CLC (HCD)

....uthority. In the result, the Rule is discharged but without any order as to costs. The stay order passed by this court is vacated. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 515. ......by the predecessor‑in‑interest of the respondent Nos .6‑14 before the promulgation of the Building Construction Act, 1952. The petitioner paid rent regularly for the premises to the owners. The lands of the premises along with the other lands were acquired by the Government of erstwhile East P..

Category: Property Law | Date: | Hits: 92

Khandakar Amirul Islam Vs. Khandaker Amanullah and others, 1992, 21 CLC (HCD)

....ly discharged without any order as to costs. The connected rule being Civil Rule No.70 (R)/90 is disposed of as being infructuous. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 514. ......Judge, Natore in Other Class Suit No.45 of 1988 should not be set aside. 2. It appears that the plaintiff appellant petitioner instituted other suit No.45 of 1988 for declaration of title in the suit land against the defendants. Admittedly the plaintiff appellant petitioner made statement in the pla..

Category: Procedural Law | Date: | Hits: 130

Abdul Aziz & others Vs. Mejahid Ali and others, 1991, 20 CLC (HCD)

....t Sylhet on 25.4.66 in Title Appeal No.158 of 1954 are upheld and the Second Appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 511. ......l court and the respondents were the plaintiffs. 3. The plaintiffs brought the suit for a declaration of their easement right of pathway over Plot No.1 and 2 and drain in plot No.3 and 4 to the land mentioned in the schedule to the plaint. The suit was also for their 12 annas maliki right in p..

Category: Civil Law | Date: | Hits: 147

Rezaul Karim Vs. Jahanara Begum, 1991, 20 CLC (HCD)

....eipt of this order by the trial court. In the result, the Rule is disposed of as indicated above. I make no order as to cost. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 508....... plaintiff opposite party executed the supplementary deed of lease on 1.5.86 which marked as Annexure ‘B’ to the Petition. 3. Trouble arose when RAJUK (the then DIT) gave notice to the said land lady and others to demolish shops and unauthorised construction and the petitioner as a tenant ..

Category: Property Law | Date: | Hits: 112

Duree Shahwar Begum Vs. Ali Ahmed Patwari, 1995, 24 CLC (HCD)

....ication under Order 37 rule 4 CPC after re‑hearing. Communicate this order and send down the records to the Court below at once. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 222. ......gum, wife of Late Nowab Ali Ashgar Khan and that she did not inherit any property and she used to live with her said mother having no means of her own; that the defendant's sons purchased 6 kathas of land from the said Meherunnessa Begum and paid Taka 1,00,000.00 on the date of agreement for sale of..

Category: Procedural Law | Date: | Hits: 125

Begum Shirin Akhtar Vs. Bangladesh House Building Finance Corporation and others, 2010, 39 CLC (HCD)

....earned judge can disposed of the cases without taking any further step. Send down the lower record. Communicate this order at once. Ed. This Case is also Reported in: 16 BLC (HCD) (2011) 1. ......e Building Finance Corporation sanctioned loan of Taka 7,90,000 at 5% simple interest on 23-3-1979 in favour of loanee, Md. Khurshed Alam Khusnavish, for constructing a 3 storied home in Kha schedule land but the loanee defaulted in paying installment and its stands at Taka 15,23,342,86 and the defa..

Category: Civil Law | Date: | Hits: 198

Abdus Samad Khan & others Vs. Wazed Ali Fakir & others, 1992, 21 CLC (HCD)

....claim in respect of the remaining 1.21 acres of the suit land is dismissed. Parties will bear their respective costs althrough. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 495. ......s.1, 2 and 5 is directed against the judgment and decree dated 30.1.1982 passed by the Subordinate Judge, Manikganj in Title Suit No.37 of 1981 decreeing the suit for declaration of title in the suit land. The respondent Nos.1‑3 as plaintiffs filed the said Title Suit against the appellants and so..

Category: Property Law | Date: | Hits: 154

Abdul Latif alias Budu and 6 others Vs. State, 1992, 21 CLC (HCD)

....tif, Abu Hanifa, Shaju, Surat Ali, Indu Mia, Abdul Mannaf and Nayeb Ali be set at liberty at once, if not wanted in any other case. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 492....... instant murder named Abdul Hakim was a Kamla in the house of one Siddiq. On 28.2.85 Abdul Hakim after taking his midday meal in the said house of Siddiq went at about noon to irrigate Siddiq's paddy land situated near a beel named Lebria beel. As he did not return in the evening, his brothers P.W.1..

Category: Criminal Law | Date: | Hits: 139

Abdul Quddus Vs. Government of Bangladesh, 1990, 19 CLC (HCD)

....oner was an Army Havildar and freedom fighter soldier. The petitioner entered into occupation of the said holding on and from 1.1.72. Since he was occupying the said holding the petitioner prayed for settlement of the said holding as the same was declared abandoned property and the office of the Res......have no reason to interfere with the judgment and order. In the result, the Rule is discharged. We make no order as to costs. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 484...

Category: Property Law | Date: | Hits: 158

Kala Chand alias Chand Mia & others Vs. Karim Khan and others, 2002, 31 CLC (HCD)

....nate Judge, 1st Court, Narayangonj in Title Appeal No.148 of 1994 is hereby set aside. Send down the lower court records at once. Ed. This Case is also Reported in: 55 DLR (HCD) (2003) 564. ...... injunction against the petitioners and the defendant-­respondent opposite party Nos.7 to 9. The further case of the plaintiff is that, one Akbar Bhuiyan was the owner of CS Khatian No.15 with other land and Jonab Ali and others were the owners of the CS Khatian No.243 including the disputed land a..

Category: Property Law | Date: | Hits: 144

Syed Mozammel Huq Vs. People's Republic of Bangladesh represented by Secretary, Ministry of Works and others, 1991, 20 CLC (HCD)

....e Engineer, PWD and Director, Directorate of Government Housing & Accommodation, Bangladesh Secretariat, Dhaka for information. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 403.......the Bangladesh Government and Local Authority Lands and Buildings (Recovery of Possession) Ordinance, 1970 (Ordinance No. XXIV of 1970) provides as follows: "3. Eviction of outgoing lessee from land or building‑If on the expiry, whether before or after the commencement of this ordinance, of ..

Category: Property Law | Date: | Hits: 160

Amir Hossain Farhad Vs. Dr. A Mannan, 1991, 20 CLC (HCD)

....nd circumstances of the case. We, therefore, find nothing to interfere with the impugned order and accordingly discharge the Rule. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 401. ...... 1979 cancelling the auction held on 27.8.88 and forfeiting the sum of Tk. 2,72,500.00 deposited by the bidder‑opposite party being 50% of the bid money. 2. In this case an area of 3.50 acres of land was attached in a proceeding under section 145 CrPC started by the petitioner and a receiver wa..

Category: Others | Date: | Hits: 172

Dr. Md. Shahjahan, Advo­cate Vs. Election Commission and others, 2011, 40 CLC (HCD)

....underlinings are mine) (a) the real and larger of completion of free and fair election with rigorous prompti­tude for timely emergence and functioning of elective bodies must take precedence over settlement of private disputes. (b) all election disputes must wait pending completion of the ele......is covered bv the decision of the Appellate Division in Shah Alam's case we hold that we can dispose of the writ petition without the presence of the petitioner. (underlinings are mine) 17. In the landmark decision of AFM Shah Alam Vs. Mujibul Haq, 41 DLR (AD) 68 our Appellate Division with clari..

Category: Election Law | Date: | Hits: 231

Abdul Haque Vs. Monija Khatun and others, 2011, 40 CLC (HCD)

....o be dismissed. 7. In reply to the argument advanced by Mr. Mosharraf Hossain learned Advocate for the appel­lant, Mr. Abul Kalam Chowdhury submits that since the appellant was not a party to the settlement he has every right to prefer appeal against the judgment and decree passed by the trial C......solution. 2. The respondent Nos.1 to 7 as plaintiffs instituted Title Suit No.25 of 2004 impleading the appellant as defendant No.35 with other 37 defen­dants for declaration of title in the suit land described in the schedule of the plaint. 3. It appears that on 15-8-2004 the learned Joint D..

Category: Alternative Dispute Resolution | Date: | Hits: 227

Md. Abul Boshar Vs. Minakhi Begum & others, 2011, 40 CLC (HCD)

.... being Civil Rule No.773 (F) of 2007 is discharged. Let a copy of the judgment along with lower Court's record be sent down at once. Ed. This Case is also Reported in: 63 DLR (HCD) (2011) 519.......ney and in the event of refusal to execute and register the kabala the plaintiff would get the same executed and registered through Court. The defendant No.1, duly obtained permission to transfer her land from the Housing Estate and the plaintiff requested the defendant for execution and registratio..

Category: Property Law | Date: | Hits: 105

Promode Ranjan Paul & others Vs. Government of Bangla­desh & others, 1986, 15 CLC (HCD)

....order as to costs. The judgment and decree of the learned Subordinate Judge are set aside and those of the learned Munsif restored. Ed. This Case is also Reported in: 39 DLR (HCD) (1987) 132. ......bala in the year 1937 and they had been in possession of the same by erecting pucca building and a C.I. sheet hut thereon. By an amicable partition amon­gst the three brothers 12 years back the suit land fell to the saham of Promode Ranjaa Paul exclusively and while owning and pos­sessing the suit..

Category: Property Law | Date: | Hits: 107