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Khelu Mia and others Vs. State, 1990, 19 CLC (HCD)
....tal, who deposed to prove the post‑mortem report. Out of these 12 witnesses, PW 6 Dhanu Miah, PW 8 Jilu Miah and PW 9 Siddiqur Rahman were tendered. 17. In this case, murder of the victim is not disputed. Question is whether the appellants are responsible for this murder or they had any complic......are acquitted of the charges levelled against them. Let the appellants be set at liberty at once, if not wanted in any other connection. Ed. This Case is also Reported in: 43 DLR (1991) 573. ..Category: Criminal Law | Date: | Hits: 82
Abdul Quader Chowdhury Vs. Sayedul Hoque & others, 1990, 19 CLC (HCD)
....on inadmissible evidence, Ext. 7, the written statement filed by the Government in Title Suit No. 63 of 1976 found that the Government admitted the lease of the plaintiffs and their possession in the disputed land. In repelling this contention Mr. Ruhul Amin appearing for the opposite parties conten...... was recorded in a block during Diara Survey in the names of the different persons on the basis of their title and possession. The land of plot No. 123 is a reformed land and subsequently recorded in khatian No. 1 as khas land of the Government. The Government settled the said land measuring 78.23 t..Category: Property Law | Date: | Hits: 72
Bangladesh Vs. Dewan Obaidur Reza Chowdhury and Others, 1990, 19 CLC (HCD)
....ose dated 28.8.67 passed by the learned Munsif, Sunamgonj, Sylhet in Title Suit No. 43 of 1966. 2. The present respondent as plaintiff instituted the above suit for declaration of his title in the disputed land described in the second schedule of the plaint. Plaintiff’s case is, inter alia, tha...... other hand filed Ext. A, a certified copy of the choice list and the list of excess khas land of the ex‑landlord defendant No. 1 Dewan Obaidur Reza Chowdhury and Ext. B, is a certified copy of the khatian No. 49 of Paschim Haripur; Ext. C and C(1) are Certified copies of Objection petition and th..Category: Property Law | Date: | Hits: 101
Rabindra Narayan Gope Vs. Nani Gopal Gope and other, 1990, 19 CLC (HCD)
....xecution Case which was disposed of by the Executing Court by the order under appeal on the ground that the decree was fully satisfied as one of the decree‑holders got delivery of possession of the disputed building on the reasoning that no appeal lies from such order of the Executing Court. 2.......ceed with the Execution Case No. 14 of 1981 according to law. In the result, the Rule is discharged. There will be no order as to costs. Ed. This Case is also Reported in: 43 DLR (1991) 540. ..Category: Procedural Law | Date: | Hits: 81
....a special circumstance which warrant consideration of a case specially under sub‑section (2). In order to consider this sub‑section let me repeat some of the facts already stated above. It is not disputed that Sattar Match Works at Shyampur had been using this Cock brand since 1954. It is also n......ith Sattar Match Works.
With the above direction and observation this application is disposed of but there will be no order as to costs.
Ed.
This Case is also Reported in: 43 DLR (1991) 532.
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Category: Intellectual Property Law | Date: | Hits: 264
Adam Ali Bepari Vs. Abdur Rahman Dewan & others, 1991, 20 CLC (HCD)
....of agricultural or horticultural, although a hut stands on it, the land has changed its nature to agricultural land. Placing reliance upon section 182 of the Bengal Tenancy Act he submits that as the disputed land was connected with agricultural operation it is agricultural land. In this context he ...... opposite‑party Nos. 1‑3 resisted the case on the ground that it was not maintainable under section 96 of the State Acquisition and Tenancy Act as the land was Bhiti as recorded in both CS and SA khatians. The trial Court allowed pre‑emption case. Against that judgment and order the opposite p..Category: Property Law | Date: | Hits: 95
Ahmed Kabir Vs. Haji Mazahar Ahmed and others, 1990, 19 CLC (HCD)
....he facts necessary for disposal of this Rule are that the plaintiff instituted Title Suit No. 498 of 1981 in the Court of Munsif, Cox's Bazar for declaration of their right, title and interest in the disputed land on the basis of purchase and also for confirmation of possession therein on various al......ion of the suit after giving sufficient opportunity to both the parties. In the result, the Rule is made absolute. No order as to costs. Ed. This Case is also Reported in: 43 DLR (1991) 500. ..Category: Procedural Law | Date: | Hits: 83
Nehal Uddin (Md.) and others Vs. Amena Khatun and others, 1990, 19 CLC (HCD)
....rom the land in question is established by evidence. In the instant case there being no finding on discussion of evidence on record as to any such ouster of the contesting defendants 5 and 6 from the disputed suit‑property, the claim of title by adverse possession by the plaintiff cannot be legall...... defendant Nos. 2‑4 already purchased the shares of defendant Nos. 5 and 6 vide deed Ext. A and that the plaintiff has had no possession in the suit property, hence her name was not recorded in the khatians. It was further contended that in view of all these facts, the suit was liable to be dismis..Category: Property Law | Date: | Hits: 71
A M A Wajedul Islam Vs. State, 1993, 22 CLC (HCD)
....sh and register to the appellant before going for lunch. 8. Let us consider now whether court below was justified in holding the appellant guilty of the charge brought against him. 9. It is not disputed that the appellant was cash officer‑in‑charge of the cash of the National Bank Limited,......ion No.329 (R) 1993 is accordingly disposed of and the connected Rule being Criminal Revision No.3521(R)/1991 for bail is discharged. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 243. ..Category: Criminal Law | Date: | Hits: 91
Sk. Shahadat Ali and others Vs. Deputy Commissioner, Khulna and others, 1992, 21 CLC (HCD)
....01, 3717, 3725, 3700, 3738, 3737 and 3736 Part of Plot Nos. 3707, 3706, 3718, 3711, 3739, 3721, 3723, 3724 and 3716. Total area, more or less 8.66 acres. 6. This fact has not been disputed by the respondents. It appears that against a notice issued against the petitioners to vaca......without any order as to costs. It is directed that the petitioners be restored to full physical possession of their land in question. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 237. ..Category: Property Law | Date: | Hits: 138
Abdul Matin Sarker Vs. Election Commission and others, 1993, 22 CLC (HCD)
....d as such the acceptance of the nomination paper is illegal and contrary to law. 5. Mr. Moudud Ahmed, the learned Counsel appearing for respondent No.4 submitted that in the instant case it is not disputed that the respondent No.4 paid the loan on 6.1.93 on the day of the scrutiny and that being ......er as prayed for in Court after being certified by the Registrar of this Court by today as the election is due on 30th of this month. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 220. ..Category: Election Law | Date: | Hits: 126
Surat Ali (Md) Vs. Administrator of Waqfs and others, 1991, 20 CLC (HCD)
....en passed without any lawful authority and are of no legal effect. In the result, the rule is made absolute. No order as to costs. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 218. ......en passed without any lawful authority and are of no legal effect. In the result, the rule is made absolute. No order as to costs. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 218. ..Category: Trust/Waqf Law | Date: | Hits: 183
Anwar Hossain Monju Vs. State, 1991, 20 CLC (HCD)
....petitioner was a Minister and powerful one, the Government issued a detention order in the instant case on 29.12.90 under section 3(1) of the Special Powers Act upon Anwar Hossain Monju and it is not disputed that at the same time and during that time several other detention orders have also been is......r after taking into consideration of all available materials. In view of the above, I agree with the decision that the rule be discharged. Ed. This Case is also Reported in: 43 DLR (1991) 447...Category: Criminal Law | Date: | Hits: 98
Progati Industries Ltd. Vs. Shahida Khatun and others, 1991, 20 CLC (HCD)
....ted "the registered office of M/s. Rana Tractors and Equipments Ltd was at Lahore. The Directors were Pakistanis who resided at Lahore. After liberation of Bangladesh all its properties including the disputed properties vested in the Government as abandoned property under PO No. 16 of 1972. The Gove......st Court of Subordinate Judge, Dhaka is dismissed. Let a copy of this judgment be forwarded to the Secretary, Ministry of Law and Justice. Ed. This Case is also Reported in: 43 DLR (1991) 429...Category: Property Law | Date: | Hits: 69
Abdul Khaleque Sarder Vs. Mohammad Asgor Ali Morol and others, 2010, 39 CLC (AD)
....khatian in favour of the plaintiff and rightly decreed the suit. We find no substance in this petition which is accordingly dismissed. Ed. This Case is also Reported in: VIII ADC (2011) 211. ......icate exhibit-2 was admitted into evidence without any objection and the High Court Division rightly held the same to be genuine one. It further appears that the High Court Division considered C.S. khatian and the mutated khatian in favour of the plaintiff and rightly decreed the suit. We find ..Category: Property Law | Date: | Hits: 69
Jamshed Ali and others. Vs. Azman Ali, 2008, 37 CLC (AD)
....urt Division considered all aspects of this mater and we do not find any legal infirmity in the impugned judgment. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: .......1970 and delivered possession to the purchaser and defendants have been in possession of the suit land as part and parcel of their homestead as well as pond upon mutating their names and opening now khatian and have been paying rent to the government. The defendants alleged that the plaintiffs neve..Category: Property Law | Date: | Hits: 69
Government of Bangladesh and others. Vs. Bokul Mia and others, 2009, 38 CLC (AD)
.... Constitution by the High Court Division is thus liable to be set aside and the further submission that the High Court Division in summary proceeding under Article 02 of the Constitution decided the disputed question of facts regarding making of award for compensation which is not possible and hav......on. In the circumstances of the case, we do not find any legal infirmity in the impugned judgment of the High Court Division. The appeal is dismissed. Ed. This Case is also Reported in: ..Category: Property Law | Date: | Hits: 80
Farid Karim Vs. State, 1992, 21 CLC (HCD)
....nal Code against the appellant by adducing evidence and also whether the judgment and order of conviction and sentence passed by the trial Court is sustainable in law. 8. The death of Tutul is not disputed. The prosecution has also proved by evidence that the death of Tutul was not natural death ......order of rejection of the Reference be also communicated to the Superintendent, Rajshahi Central Jail for information and compliance. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 171. ..Category: Criminal Law | Date: | Hits: 84
Ali Ahmed Malaker @ Kunai @ Malaker & others Vs. The State, 1990, 19 CLC (HCD)
....vidence and as such it should not be disturbed. 10. We have been taken through the evidence, judgment and other materials on record. 11. The fact that the victim Tapu was killed brutally is not disputed by the defence. PW 2 doctor Devbrota Chakravarty held post mortem examination on the dead b......llants are found not guilty to the charge levelled against them and they be set at liberty forthwith if not wanted in any other connection. Ed. This Case is also Reported in: 43 DLR (1991) 401. ..Category: Criminal Law | Date: | Hits: 67
Arshad Ali Vs. Momtaz Ali and another, 1991, 20 CLC (HCD)
....o.1 from a portion of the suit premises in which he had been in possession for a long time as a licensee of co‑defendant‑opposite party No.2. it is the case of the plaintiff‑petitioner that the disputed holding covered by CS Khatian No.219 of Mymensingh town belonged to one Azit Sheikh who die...... to costs. The order of stay is vacated. Let the suit be proceeded with expeditiously. Communicate this order to the court concerned. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 164. ..Category: Procedural Law | Date: | Hits: 94
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