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.... existed a corresponding surrender of that right by an individual as parties by agreeÂment 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......of BanglaÂdesh and others………………………………………………Respondent
Judgment
March 2, 1986.
Result:
The rule is discharged.
Lawyers Involved:
K. S. Nabi with Masood R. Subhan, Advocates - For the Petitioner.
Rafique-ul Huq with Md. Fazlul Haque, Advocates ......the Ministry of Works, inviting Metropolitan Chamber of Commerce and Industry to send panel of three persons for appointment as a Trustee to the Board of Trustee's, Dhaka Improvement Trust.
2. On that application this Rule was issued on 01.07.1985 upon the respondents to show as to why the Circul......al Original Jurisdiction)
Present:
Sultan Hossain Khan J
Anwarul Haque Chowdhury J
Dhaka Chamber of Commerce and InÂdustry………………Petitioner
Vs.
Secretary, Ministry of Works of the Govt. of the People's Republic of BanglaÂdesh and others…………………………â..
Category: Civil Law | Date: | Hits: 162
Humayun Kabir (Md.) Vs. Md. Mozaffar Hossain and others, 1994, 23 CLC (HCD)
....ion Tribunal Case No.1 of 1993 is hereby restored and affirmed. The order of stay granted earlier by this Court is hereby vacated. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 560. ...... Kabir (Md.).....................Petitioner Vs. Md. Mozaffar Hossain and others........................Respondents Judgment November 14, 1994. Result: The Rule is made absolute. Cases Referred to- Nadar Ali Khan Vs. AKM Ahmedullah Chowdhury and others, 39 DLR 193; Abdul Hanna...... filed Election Tribunal Case No.8 of 1992 in the Court of the Assistant Judge and Election Tribunal, Chandpur impleading the present petitioner as opposite party along with others for a declaration that the election of the returned candidate namely; present petitioner of No.10 Tamta Union Parishad ......ossain Majumder Vs. Abul Bashar Majumder and others, 38 DLR 41; Md. Shahajan Vs. Md. Sadeq and others, 38 DLR (AD) 275. Lawyers Involved: A. Baset Majumder with Ambia Bulbul Reza, Advocate ‑ For the Petitioner. NH Khandaker, Advocate ‑ For the Opposite Parties. Civil Revision No.3037..Category: Election Law | Date: | Hits: 273
Elahi Baksh Vs. State and others, 1986, 15 CLC (HCD)
....2 one Abdul Kadem filed a petition of complaint before the Sub-Divisional Magistrate, Tangail alleÂging therein that on 07.10.1982 the accused perÂsons 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...... Elahi Baksh..................................Petitioner Vs. State and others...........................Opposite Party Judgment July 24, 1986. Result: The Rule is discharged. Cases Referred to- Nur Mohammad Mondal Vs. Md. Abul Hossain and another 28 DLR 389; Alauddin Vs. T......J.- In this application the accused petitioners have prayed for quashing the proceedings in P. Case No. 1041/82, Case No.92(1)/83 pending in the Court of Thana Magistrate, Mirzapur. 2. It appears that on 13.10.1982 one Abdul Kadem filed a petition of complaint before the Sub-Divisional Magistrate...... 389; Alauddin Vs. The State, 20 DLR (Dhaka): page 591; Abdul Majid Vs. Munsuf Ali and others, Pakistan Criminal Law Journal, 1969, pages 692. Lawyers Involved: Abdul Baset Mujumder, Advocate -For the Petitioner. Matiur Rahman Khan, Advocate -For the State. Amjad Hossain, Advocate -For..Category: Criminal Law | Date: | Hits: 168
Anwar Ali (Md) Vs. Chairman, Rajdhani UnnaÂyan Kartipakha (RAJUK) & others, 1991, 20 CLC (HCD)
....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...... Ziaur Rahman Khan, Advocate‑For the Respondent Nos.1‑2. HR Sharif ‑For the Respondent Nos.6‑14. Writ Petition No. 225 of 1989. Judgment Mainur Reza Chowdhury J.- This Rule Nisi was issued on the respondents to show cause why the notice dated 26.12.88 (Annexure‑F) issued by th...... Authorised Officer, Rajdhani Unnayan Kartipakha respondent No.2 should not be declared to have been passed without lawful authority and to be of no legal effect. 2. The case of the petitioner is that the petitioner, Proprietor of New Lucky Hardware Store has been carrying on business at Municipa......an Kartipakha (RAJUK) & others……….…Respondents Judgment May 9, 1991. Result: The Rule is discharged. Lawyers Involved: Md. Nurul Huq with AKM Shahidul Huq, Advocates ‑For the Petitioner. Ziaur Rahman Khan, Advocate‑For the Respondent Nos.1‑2. HR Sharif ‑Fo..Category: Property Law | Date: | Hits: 92
Khandakar Amirul Islam Vs. Khandaker Amanullah and others, 1992, 21 CLC (HCD)
....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......the Petitioner. Salauddin Mahmud, Advocate ‑ For the Opposite Party. Civil Revision No.1520 of 1998 with Civil Rule No.70 (R) of 1990. Judgment ARM Amirul Islam Chowdhury J.- This Rule was issued on the opposite parties to show cause as to why the judgment and orders dated 23.9.80 and ......, Natore in title Appeal No.75 of 1989 affirming the judgment and order dated 18.3.89 passed by the Subotdiuate 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 ...... Khandaker Amanullah and others……………………….Opposite‑Parties Judgment August 25, 1992. Result: The Rule is discharged. Lawyers Involved: MA Sobhan, Advocate ‑ For the Petitioner. Salauddin Mahmud, Advocate ‑ For the Opposite Party. Civil Revision No.15..Category: Procedural Law | Date: | Hits: 130
Abdul Aziz & others Vs. Mejahid Ali and others, 1991, 20 CLC (HCD)
....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......ny order as to costs. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 511. ......ns. The defendants thus denied the easement right of the plaintiffs in the suit land. 6. The trial court considered the evidence and other document and decreed the suit in part. It was decreed that over Plot Nos.1 and 2 the plaintiff had right of easement for a pathway but their claim for mali......ahid Ali and others.............Respondents Judgment April 3, 1991. Result: The second appeal is dismissed. Lawyers Involved: Azizur Rahman Chowdhury, Advocate‑For the Appellants. Mohammad Habib Ahmed, Advocate‑For the Respondents. Second Appeal N..Category: Civil Law | Date: | Hits: 147
Rezaul Karim Vs. Jahanara Begum, 1991, 20 CLC (HCD)
.... 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 ...... Advocate - For the opposite party. Civil Revision No. 887 of 1990. Judgment Syed Fazle Ahmed J.- This Rule calls in question the legality and propriety of the order dated 11.4.90 passed by the 1st court of Assistant Judge, Dhaka rejecting the Petition dated 10.4.90 filed under se......ears at the initial rent of Tk. Â1,000.00 per month which is revisable after every five years and also paid a salami of Tk. 1,22,000.00 and the petitioner was put into the possession of the shop on that day. Petitioner started Electronics business under name and style M/s "(Arkay’s Electronics)".......………………….Opposite Party Judgment May 15, 1991. Result: The suit is disposed of with instructions. Lawyers Involved: Abdul Hamid Chowdhury, Advocate - For the Petitioner. ABM Nurul Islam with Nowab Ali Molla, Advocate - For the opposite party. ..Category: Property Law | Date: | Hits: 112
Duree Shahwar Begum Vs. Ali Ahmed Patwari, 1995, 24 CLC (HCD)
....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......ee Shahwar Begum………………………Petitioner Vs. Ali Ahmed Patwari………………………Opposite Party Judgment April 24, 1995. Result: The Rule is made absolute. Cases Referred to- Kokarmal Gurudayal Vs. Sagarmal Bengani, AIR 1972 (Calcutta) 430; Mohan Lal Vs....... 8.4.1992 the defendant filed another application supported by an affidavit with a prayer for leave to appear and file written statement within a month but the plaintiff also filed an application on that day for passing a decree in her favour according to law as the defendant failed to seek leave to......1989 (Rajasthan) 132; Allied Bank of Pakistan Ltd. Vs. VC Khilnani and 2 others, PLD 1984 (Karachi) 127 (131); Fine Textile Mills Ltd. Karachi Vs. Haji Umar, 15 DLR (SC) 86; Komarmal Gurudayal Vs. Sagorma Bergani, AIR 1972 (Calcutta) 430. Lawyers Involved: MI Faruqui with M. Saleemullah, Advo..Category: Procedural Law | Date: | Hits: 125
Begum Shirin Akhtar Vs. Bangladesh House Building Finance Corporation and others, 2010, 39 CLC (HCD)
....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......ossain J Begum Shirin Akhtar.................Petitioner Vs. Bangladesh House Building Finance Corporation and others...............Opposite Party Judgment June 7, 2010. Result: Cases Referred to- Bangladesh House Building Finance Corporation Vs. Jahan Ara Akhter, 49 DLR (AD)......calls for determination are same whether the loanee judgment debtor could maintain his property on payment of decretal amount. 2. In Civil Revision No.941 of 2005 it is the case of the petitioner that Bangladesh House Building Finance Corporation sanctioned loan of Taka 7,90,000 at 5% simple inte......sion (Civil Revisional Jurisdiction) Present: Sharif Uddin Chaklader J Md. Shawkat Hossain J Begum Shirin Akhtar.................Petitioner Vs. Bangladesh House Building Finance Corporation and others...............Opposite Party Judgment June 7, 2010. Result: Cases..Category: Civil Law | Date: | Hits: 198
Abdus Samad Khan & others Vs. Wazed Ali Fakir & others, 1992, 21 CLC (HCD)
....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........Respondents. Judgment May 27, 1992. Result: The appeal is allowed in part. Lawyers Involved: Gour Gopal Saha, Advocate ‑ For the Appellants. Abul Quasem, Advocate ‑For the Respondent No. 1. Appeal from Original Decree No. 102 of 1982. ......t against the appellants and some others for declaration of their title in suit land measuring 1.26 acres described in the schedule to the plaint. 2. The case of the plaintiffs, inter alia, is that the suit land originally belonged to Gour Chandra Biswas and others and by several sale deeds da......kir & others..................Respondents. Judgment May 27, 1992. Result: The appeal is allowed in part. Lawyers Involved: Gour Gopal Saha, Advocate ‑ For the Appellants. Abul Quasem, Advocate ‑For the Respondent No. 1. Appeal from Origin..Category: Property Law | Date: | Hits: 154
Abdul Latif alias Budu and 6 others Vs. State, 1992, 21 CLC (HCD)
.... 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......n: 44 DLR (HCD) (1992) 492....... from their house. When the searching party came to a place about 10 to 12 cubits away from the place of incident they saw by moon light as well as by the torch light focussed by P.W.3 Shamsul Islam that accused Abdul Latif had caught hold of the victim Abdul Hakim and then accused Abu Hanifa slaugh...... 1992. Result: The Appeal is allowed. Case Referred to- Abdul Mannan and others Vs. State, 44 DLR (AD) 60. Lawyers Involved: SMG Amirullah Chowdhury, Advocate – For the Appellants. Gazi Abdul Mannan, Assistant Attorney General ‑ For the State. Crim..Category: Criminal Law | Date: | Hits: 139
Javed Traders and another Vs. Premier Soap Factory Ltd. and another, 1992, 21 CLC (HCD)
....of Or. 37 CPC and in the light of the observation made above. In the result, the Rule is made absolute. No order as to costs. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 490.......er…………Petitioners Vs. Premier Soap Factory Ltd. and another..........Opposite Parties Judgment February 16, 1992. Result: The Rule is made absolute. Cases Referred to- SM Akil Vs. Muhammad Qwnruzzaman, PLD, 1982 Kar 745; Pestonji Shapurji Wared...... occasions as the cheque was dishonoured the petitioners served legal notice upon the opposite parties demanding payment of the principal amount together with the interest accrued thereon intimating that the cheque was dishonoured but non‑payment of the demand resulted in institution of the suit. ......ivision (Civil Revisional Jurisdiction) Present: AM Mahmudur Rahman J Md. Badruzzaman J Javed Traders and another…………Petitioners Vs. Premier Soap Factory Ltd. and another..........Opposite Parties Judgment February 16, 1992. Result:..Category: Procedural Law | Date: | Hits: 155
Kala Chand alias Chand Mia & others Vs. Karim Khan and others, 2002, 31 CLC (HCD)
.... injunction against the petitioners and the defendant-Ârespondent 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...... once. Ed. This Case is also Reported in: 55 DLR (HCD) (2003) 564. ......stant Judge, Rupganj under the District of Narayangonj for permanent injunction against the petitioners and the defendant-Ârespondent 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 we...... Result: The Rule is made absolute. Cases Referred to- Lal Medh Vs. Haji Md. Ibrahim Meah, 28 DLR (AD) 61; Sultanuddin Chowdhury Vs. Government of Bangladah, 32 DLR 252; Fahim Ali Haque (Minor) and other Vs. Mohammed Abdul Aziz and other, 43 DLR 226; Ajufannessa Vs. Safar Miah, 30 DLR (SC)..Category: Property Law | Date: | Hits: 144
.... of law and thus call for no interference from this Court.
Accordingly, the Rule is discharged without any order as to costs.
Ed.
This Case is also Reported in: 44 DLR (HCD) (1992) 406.......
Amir Hossain, Advocate ‑ For the Opposite Party.
Civil Revision No.258 of 1988 (Comilla).
Civil Revision No.3663 of 1991 (Dhaka).
Judgment
Quazi Shafiuddin J.- This Rule was issued calling upon the opposite party to show cause why the judgment and decree dated 28.4.88 pa......Appeal No.276 of 1987 affirming those dated 26.9.87 passed by the Upazila Munsif, Ramganj, in Title suit No.41 of 1986 should not be set aside.
2. The case of the plaintiff‑Opposite party is that he was employed in the Rupali Bank as an armed guard on 22.1.77 and was posted at Dalta Bazar Br......Patwary and others……………..…….Opposite Parties
Judgment
January 27, 1992.
Result:
The Rule is discharged.
Lawyers Involved:
Md. Ruhul Amin, Advocate‑For the Petitioner.
Amir Hossain, Advocate ‑ For the Opposite Party.
Civil Revision No...
Category: Labour and Industrial Law | Date: | Hits: 233
....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 ...... is also Reported in: 44 DLR (HCD) (1992) 403....... legal effect.
2. In order to appreciate the background of the impugned order dated 15.1.90 (Annexure C) it is necessary to mention briefly certain facts of this case. The petitioner's case is that he is a pilot of Bangladesh Biman. He applied to the Directorate of Housing and Accommodation fo......azle Hussain Mohammad Habibur Rahman J
Abdul Hasib J
Syed Mozammel Huq..................Petitioner.
Vs.
People's Republic of Bangladesh represented by Secretary, Ministry of Works and others ..................Respondents.
Judgment
January 24, 1991.
Result:
..
Category: Property Law | Date: | Hits: 160
Amir Hossain Farhad Vs. Dr. A Mannan, 1991, 20 CLC (HCD)
.... 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...... Kazi Ebadul Hoque J Amir Hossain Farhad……………Petitioner Vs. Dr. A Mannan……………..Opposite Party Judgment December 15, 1991. Result: The Rule is discharged. Case Referred to- Abdul Hamid Vs. State, 33 DLR 399. Lawyers Involved: Yusuf Hossain Humayun......ithin seventy‑two hours and the said notice was duly received by the opposite party on 24.11.88 at 3‑30 PM. Thereafter the opposite party on 26.11.88 filed a petition to the receiver complaining that first party and ex‑lessees took away paddy from 1.60 acres of attached land and prayed for rea...... December 15, 1991. Result: The Rule is discharged. Case Referred to- Abdul Hamid Vs. State, 33 DLR 399. Lawyers Involved: Yusuf Hossain Humayun with Abdul Quaiyum Advocates ‑ For the Petitioner. Menhazuddin Ahmed Khan, Advocate ‑ For the Opposite Party. Criminal Revis..Category: Others | Date: | Hits: 172
Nowsher Ali & others Vs. State, 1986, 15 CLC (HCD)
....pheld and reference is accepted. Sentence of death passed on each appellant is merely confirmed. Mohammad Sohrab Ali J. - I agree. Ed. This Case is also Reported in: 39 DLR (HCD) (1987) 57. ......amp; others.............................Appellants Vs. The State............................................Respondent Judgment May 11, 1986. Result: The appeals are dismissed. Cases Referred to- 13 DLR page 64; 27 DLR page 7; 37 DLR page 33; State Vs. Puhardhar Joydhar (31 ......7 DLR page 33; State Vs. Puhardhar Joydhar (31 DLR page 312); State Vs. Abdur Rahman and others 27 DLR 77 AIR 1971 S.C. 1584; State Vs. Nawab Ali Biswas, (1961) 13 DLR 646; State Vs. Mosammat Maleka Khatun, (1985) 37 DLR 55; Khardi Khan and others Vs. Crown, PLD 1951 (Vol.III) Lahore 322. Lawyers......eath passed on each appellant is merely confirmed. Mohammad Sohrab Ali J. - I agree. Ed. This Case is also Reported in: 39 DLR (HCD) (1987) 57. ..Category: Criminal Law | Date: | Hits: 134
Noor Hossain and other Vs. State, 2002, 31 CLC (HCD)
....down the LC records along with a copy of this judgment to the trial Court concerned immediately for information and necessary action. Ed. This Case is also Reported in: 55 DLR (HCD) (2003) 557. ...... for information and necessary action. Ed. This Case is also Reported in: 55 DLR (HCD) (2003) 557. ...... Code after converting the charge so framed under sections 148/149/302/114/34 of the Penal Code. 2. Facts, in short, necessary for the purpose of disposal of this appeal may be stated as follows, that informant Firoza Begum, wife of the deceased lodged a first information report with Kotiadi Poli...... Ed. This Case is also Reported in: 55 DLR (HCD) (2003) 557. ..Category: Criminal Law | Date: | Hits: 111
Abdul Haque Vs. Monija Khatun and others, 2011, 40 CLC (HCD)
....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 defenÂdants 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......Court concerned. Ed. This Case is also Reported in: 63 DLR (HCD) (2011) 528. ......High Court Division (Civil Revisional Jurisdiction) Present: Faruque Ahmed J Obaidul Hassan J Abdul Haque…………………………………..Defendant-Appellant Vs. Monija Khatun and others………………………………………Plaintiff-Respondents Judgment Ma......nd others………………………………………Plaintiff-Respondents Judgment May 29, 2011. Result: The appeal is allowed. Lawyers Involved: Abul Kalam Chowdhury, Advocate - For the Defendant-Appellant. Waliur Reza Chowdhury with Musharraf Hossain Mazumder, Advocates - Fo..Category: Alternative Dispute Resolution | Date: | Hits: 227
Md. Abul Boshar Vs. Minakhi Begum & others, 2011, 40 CLC (HCD)
....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......wn at once. Ed. This Case is also Reported in: 63 DLR (HCD) (2011) 519.......7) passed by the learned Joint District Judge, 3rd Court, Chittagong in Other Suit No.16 of 2000 dismissing the suit. 2. Material facts of the case as necessary for the disposal of the appeal are that the appellant as plaintiff filed the aforesaid suit being Other Suit No.16 of 2000 in the Court ...... Referred to- 2 MLR (AD) 215; 57 DLR (AD) 39; 20 BLD (AD) 187; 43 DLR 360; 4 BLC (AD) 193; 5 BLD (AD) 51. Lawyers Involved: Khijir Ahmed with Hidar Alam Kollol and Shofiul Aziz, Advocates - For the Appellant. Zainul Abedin with Shirin Sultana and Md. Abu Taleb, Advocates - For the Respon..Category: Property Law | Date: | Hits: 105
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