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Promode Ranjan Paul & others Vs. Government of BanglaÂdesh & others, 1986, 15 CLC (HCD)
....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 amonÂgst the three brothers 12 years back the suit land fell to the saham of Promode Ranjaa Paul exclusively and while owning and posÂsessing the suit......thers......................Petitioners Vs. Government of BanglaÂdesh & others................Opposite-Party Judgment September 1, 1986. Result: The Rule is made absolute. Cease Referred to- Benoy Bhushana Bardhaa and others Vs. the S.D.O. Brahmaabaria and another, 30 DL......6 of 1982. 2. The petitioner No.1 as plaintiff instiÂtuted the suit in the 2nd Court of Munsif, Brahmanbaria against the opposite parties as defendants for declaration and permanent inÂjunction that the order of defendant No.2 the Sub-divisional Officer, Brahmanbaria, treating a portion of the ......another, 30 DLR (SC) 139; Syed Ahmed Vs. Prof alia Kumar Dey 13 DLR 70; Md. Yunus Vs. Md. Yousf, 21 DLR 466. Lawyers Involved: Khandaker Mahbubuddin Ahmed, with Mirza Hussain Haider, Advocates-For the Petitioners. A.F.M. Shahid Deputy Attorney General - For the Opposite Party. Civil Revi..Category: Property Law | Date: | Hits: 107
Siraj Mia (Md.) Vs. Nasima Akhter and another, 2002, 31 CLC (HCD)
....nj in Title Suit No.40 of 1991 dismissing the suit. 2. The plaintiff filed the aforesaid suit praying for specific performance of contract stating, inter alia, that the defendant No.1 got the suit land from her father by a deed of heba-bil-ewaz dated 15Â-12‑80 and while in possession she, bein......sion (Civil Appellate Jurisdiction) Present: Md. Tafazzul Islam J AHM Shamsuddin Chowdhury J Siraj Mia (Md.)........................................................Appellant Vs. Nasima Akhter and another......................................Respondents Judgment January 21,......e Judge, Additional Court, Narayanganj in Title Suit No.40 of 1991 dismissing the suit. 2. The plaintiff filed the aforesaid suit praying for specific performance of contract stating, inter alia, that the defendant No.1 got the suit land from her father by a deed of heba-bil-ewaz dated 15Â-12‑......002. Result: The appeal is allowed. Cases Referred to- Ram Chandra Das Vs. Khalilur Rahman and another, 1985 BLD (AD) 41=37 DLR (AD) 21. Lawyers Involved: Mainul Islam, Advocate‑For the Appellant. ASM Wahidul Momin Chowdhury, Advocate‑For Respondent No.1. Appeal from Ori..Category: Property Law | Date: | Hits: 104
Cyma Zarrar Vs. Arab Bangladesh Bank Limited and others, 2010, 39 CLC (HCD)
....es and mutated his name. He is a bona fide purchaser with value. Opposite party No.2 has committed fraud on opposite party No.1 bank and opposite party No.3 by allegedly creating mortgage of the suit land in which he had no right title and interest to create such mortgage. The Arab Bangladesh Bank L...... to costs. Ed. This Case is also Reported in: 63 DLR (HCD) (2011) 514. ......tant Civil Revision under section 115(1) of the Code and obtained the instant Rule from this Court. 6. In Civil Revision No.4232 of 2009, the fact leading to the issuance to the Rule in short, is that the petitioner filed Miscellaneous Case No.42 of 2002 under Order XXI, rule 58 read with section......m Vs. Islami Bank Bangladesh Limited, 5 MLR (AD) 290 = 53 DLR (AD) 9; 53 DLR (AD) 9; Kazi Gowaherul Islam (KJ Islam) Vs. Standard Co-operative Credit Society Ltd. and another, 50 DLR 333; MAC-Proprietor, Mahtabuddin Chowdhury Vs. Agrani Bank, 14 BLD 195 = 47 DLR 233; Syed Monjur Morshed Vs. Manager,..Category: Procedural Law | Date: | Hits: 121
Lila Begum and others Vs. Faruque Meah and another, 2010, 39 CLC (HCD)
....the Munsif, Sylhet. On transfer to the Court of Assistant Judge Balaganj, Sylhet it was renumbered as Title Suit No.2 of 1984. The plaintiff's claim in brief, Sukur Mahmood, was the owner of the suit land along with other lands. While he had been enjoying and possessing the suit land died leaving be......ers………………………Petitioners Vs. Faruque Meah and another………………………Opposite-Parties Judgment March 16, 2010. Result: Both Rules are made absolute. Cases Referred to- Meher Banu Vs. Abdul Barek and Muslim Bepari, 13 BLT (AD) 177; Sana Mia Bepari ......Parties Judgment March 16, 2010. Result: Both Rules are made absolute. Cases Referred to- Meher Banu Vs. Abdul Barek and Muslim Bepari, 13 BLT (AD) 177; Sana Mia Bepari Vs. Jamila Khatun, 1988 BLD (AD) 141 = 41 DLR (AD) 113; Capital Properties Ltd. Vs. Bangladesh, 11 BLD 523 = 44 ......pari Vs. Jamila Khatun, 1988 BLD (AD) 141 = 41 DLR (AD) 113; Capital Properties Ltd. Vs. Bangladesh, 11 BLD 523 = 44 DLR 308. Lawyers Involved: Ibrahim Mollah with Alamgir Hossain, Advocates - For the Petitioners (In Civil Revision No. 3814 of 2006. Ekramul Hoque for Shafquat Hussain - For ..Category: Property Law | Date: | Hits: 97
Golam Nasir Vs. Abdul Aziz, 1986, 15 CLC (HCD)
....trate, Barguna on 01.01.1982 against resÂpondent Nos.1 to 8 along with others on the accusations that on 21.12.1981 the accused persons forcibly cut and took away paddy worth of Tk. 7,500/- from the land of the appellant dishonestly; upon such accusations the aforesaid C.R. Case was started against......is also Reported in: 39 DLR (HCD) (1987) 103. ......982. 2. The appellant before us filed a petition of complaint is the Court of Sub-divisional Magistrate, Barguna on 01.01.1982 against resÂpondent Nos.1 to 8 along with others on the accusations that on 21.12.1981 the accused persons forcibly cut and took away paddy worth of Tk. 7,500/- from the.........Appellant Vs. Abdul Aziz & others ................Respondents Judgment January 30, 1986. Result: The apÂpeal is allowed. Lawyers Involved: Md. Abdus Subhan, Advocate -For the Appellant. Fakrul Islam, Assistant Attorney General - For the State. Criminal Appeal N..Category: Criminal Law | Date: | Hits: 123
Shahr Banoo Mohsin Asgar and another Vs. Lailun Nahar Ershad and others, 1991, 20 CLC (HCD)
....m aims thus, in August, 1973, one Sk. AM Ershad, the predecessor of the opposite parties, brought a suit being Title Suit No.90 of 1973 for specific performance of a contract for sale of 13 kathas of land including a two storied building at 3, New Bailey Road, Dhaka on the allegations that petitione......own expeditiously. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 552.......l Huq, with AKM Shahidul Huq, Advocates ‑ For the Opposite Party No.1. Civil Revision No.2288 of 1990. Judgment Bimalendu Bikash Roy Chowdhury J.- Is the Civil Court so powerless that in exercise of its inherent powers it cannot entertain, an application for setting aside, an ex ......dya Nath Dubey Vs. Deonandan Singh, 1968 SCD 275. Lawyers Involved: Mohsin Asgar Afshar, Advocate ‑ Petitioner No.2 in person. Md. Nurul Huq, with AKM Shahidul Huq, Advocates ‑ For the Opposite Party No.1. Civil Revision No.2288 of 1990. Judgment Bimalendu Bik..Category: Procedural Law | Date: | Hits: 130
Deputy Commissioner (Revenue), Sylhet Vs. Sudhir Chandra, 1991, 20 CLC (HCD)
....aintiff through his attorney, one Shafiqui Haque ChowdÂhury, instituted Title Suit No.205 of 1985 in the Court of Munsif, Sadar Sylhet for declaration of title and recovery of possession of the suit land on the basis of settlement, from the Maharaja of Tripura namely, Kirit Bikram Kishore Manikya B......pposite Party. Civil Revision No.2155 of 1990. Judgment AKM Sadeque J.- This application under Order 47 rule 1 of the Code of Civil Procedure read with section 151 of the said Code has been preferred by the Government of the People’s Republic of Bangladesh, represented by the Dep......tle and recovery of possession of the suit land on the basis of settlement, from the Maharaja of Tripura namely, Kirit Bikram Kishore Manikya Bahadur some 65 years back. It was alleged in the plaint that People’s Republic of Bangladesh represented by the Additional Deputy Commissioner (Rev) Sylhet......ir Chandra.................Opposite Party Judgment January 10, 1991. Result: The application is summarily rejected. Lawyers Involved: Moksudur Rahman, Advocate - For the Petitioner. Rafiqur Rahman, Advocate - For the Opposite Party. Civil Revision No...Category: Property Law | Date: | Hits: 157
....1987 in the court of the learned Assistant Judge, Naria Upazila, on 29.3.87 against the defendant opposite parties for a decimation do the order of the Naria Upazila Nirbahi Officer treating the suit land as a part of Chandipur hat or bazar is illegal, void and without jurisdiction and there is no h......rs.
Vs.
Deputy Commissioner, SarÂiatpur, District Sariatpur and others………Opposite Parties
Judgment
April 13, 1992.
Result:
The rule is made absolute.
Case Referred to-
Sashi Mohan Sen Vs. Ainullah, 1992 BLD (AD) 8.
Lawyers Involved:
......rned Assistant Judge, Naria Upazila, on 29.3.87 against the defendant opposite parties for a decimation do the order of the Naria Upazila Nirbahi Officer treating the suit land as a part of Chandipur hat or bazar is illegal, void and without jurisdiction and there is no hat or bazar on the suit land......
April 13, 1992.
Result:
The rule is made absolute.
Case Referred to-
Sashi Mohan Sen Vs. Ainullah, 1992 BLD (AD) 8.
Lawyers Involved:
Abdur Rab 1, Advocate- For the Petitioners.
No one appears- For the Opposite Parties.
Civil Revision No. 2159 of..
Category: Property Law | Date: | Hits: 123
Shewe Hla Prue TK Vs. Commissioner, Chittagong Division, Chittagong and others, 1992, 21 CLC (HCD)
.... alia has stated that the petitioner was the headman of Naithong Mouza and Shekdu Mouza under Thanchi Upazila. Since the two Mouzas are very large and the volume of work relating to the settlement of land etc. had increased manifold it was considered not desirable to have one headman for two Mouzas ......itioner Vs. Commissioner, Chittagong Division, Chittagong and others………………Respondents Judgment May 4, 1992. Result: The Rule is made absolute. Case Referred to- Dr. Nurul Islam Vs. Bangladesh represented by the Secretary, Ministry of Heal...... 18.1.77 issued by the Deputy Commissioner Chittagong Hill Tracts. Copies of the aforesaid orders of appointment are annexed to the petition and marked as Annexure B and B‑1. The petitioner claims that since the appointment as Headman he has been discharging his duties to the satisfaction of all c......esh represented by the Secretary, Ministry of Health and Population Control and others, 33 DLR (AD) 201. Lawyers Involved: Md. Hannan, with M Khaled Ahmed, and Dr. AKM Ali, Advocates ‑ For the Petitioners. QA Hossain, Assistant Attorney General‑For the Respondent No. 2. A..Category: Others | Date: | Hits: 171
Ator Ali and others Vs. State, 1989, 18 CLC (HCD)
....iar Mia and the non‑appealing convict Siddique should be set at liberty forthwith, if not wanted in connection with any other case. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 478. ......han J AM Mahmudur Rahman J Ator Ali and others...............Appellants Vs. State ...................Respondents Judgment November 26, 1989. Result: The appeal is allowed. Cases Referred to- Ismail Sarker Vs. State, 33 DLR 320; Manzoor Vs. State, PLD 1957 (Lah) 1023; Ab......eganj. Mofizuddin @ Mukkya was tried in absentia and was directed to serve similar sentence from the date of his arrest or surrender. 2. The Prosecution case as stated by P.W.1 Md. Shahid Miah is that on 27.5.76 at about 5‑00/5‑30 P.W.1 was in his house and his mother told him that Babor Ali,......his Case is also Reported in: 44 DLR (HCD) (1992) 478. ..Category: Criminal Law | Date: | Hits: 145
Padmabati Biswas Vs. Banglasdesh and others, 1992, 21 CLC (HCD)
.... and decree dated 19.4.62 passed by the Subordinate Judge, Khulna in Title Suit No 5 of 1959. 2. Collector of Khulna on 16.5.59 made a reference to the Alluvial Lands Act, 1920 stating that some island chars were formed in the bed of the river Kazibacha in Mouza Tetultala within PS Batiaghata in ......eported in: 44 DLR (HCD) (1992) 465. ......he judgment and decree dated 19.4.62 passed by the Subordinate Judge, Khulna in Title Suit No 5 of 1959. 2. Collector of Khulna on 16.5.59 made a reference to the Alluvial Lands Act, 1920 stating that some island chars were formed in the bed of the river Kazibacha in Mouza Tetultala within PS Bat......p; others Vs. Sadek All & others, BCR 1985 (AD) 29; Government of Bangladesh Vs. A Wahed Miter & others, BLD 1990. Lawyers Involved: Khondker Mahbubuddin Ahmed with SM Munir, Advocates-For the Appellants. Moazzen Hossain, Deputy Attorney General ‑ For the Respondent No.1. Appea..Category: Property Law | Date: | Hits: 118
Jagendra Lal Poddar Vs. Naresh Chandra Poddar and others, 1985, 14 CLC (HCD)
....la passed in Title Appeal No.90 of 1977 affirming those of the learned Munsif, First Court, Chandpur in Title Suit No.25/1973. 2. The plaintiff instituted the suit on the allegations that the suit land and the structures thereon belonged to Nabadwip Chandra Paul who sold the same to the plaintiff......al Poddar.....................................Appellant Vs. Naresh Chandra Poddar and others.................Respondent Judgment April 4, 1985. Result: The appeal is dismissed. Cases Referred to- Appalaswami Vs. Suryanarayanamuri and others, A.I.R 1947 (P.C.) 189; Mudigowda ...... Court, Comilla passed in Title Appeal No.90 of 1977 affirming those of the learned Munsif, First Court, Chandpur in Title Suit No.25/1973. 2. The plaintiff instituted the suit on the allegations that the suit land and the structures thereon belonged to Nabadwip Chandra Paul who sold the same to ......is If gal representatives and another, A.I.R. 1969 (SC) 1076; Perumal Vs. Central Government of Pakistan, 15 DLR (SC) 58. Lawyers Involved: B.B. Roy Chowdhury with Nikhilesh Dutta, Advocates - For the Appellant. Ramendra Kumar Majumder, Advocate - For the ResÂpondent. Second Appeal No.1..Category: Property Law | Date: | Hits: 111
Babu Khan Vs. State, 2003, 32 CLC (HCD)
....al we hold that right of an accused to be defended by a lawyer in a case charged under section 302 of the Penal Code, being punishable with death, is an inalienable right guaranteed in the law of our land and if any trial takes place in refusing such fundamental right the trial is a misnomer and the...........Convict Appellant Vs. State.......................................................................Opposite Party Judgment June 30, 2003. Result: The petition is dispose of. Cases Referred to- State Vs. Imdad Ali Bepary, 36 DLR 333; Mobarak Ali (Md.) alias Mobarak Ali Mon......jbari in Sessions Case No.75 of 1985 convicting the accused appellant under section 302 of the Penal Code and sentencing him thereunder to imprisonment for life. 2. Prosecution case, in brief, is that on 20‑9Â-1984 at night accused appellant Babu Khan entered the house of one Alauddin Khan and......3; Mobarak Ali (Md.) alias Mobarak Ali Mondal Vs. People's Republic of Bangladesh, represented by the Secretary, Ministry of Home Affairs, 50 DLR 10. Lawyers Involved: Md. Ashraf-uz-Zaman Khan for Md. Rezaul Haque, Advocate—For the Appellant. Golam Kibria, Deputy Attorney-General with Md...Category: Criminal Law | Date: | Hits: 123
....dge, by the impugned judgment and order, rejected the said application under Order VII rule 11 of the Civil Procedure Code for rejection of the plaint.
2. At the heart of the dispute is a piece of land comprising .98 acres of Government's khas land on plot Nos.1200, and 1202 in Mouja, Sub-Registr......s also Reported in: 55 DLR (HCD) (2003) 542.......proforma opposite parties. They submitted before the learned Senior Assistant Judge, Barguna an application under Order VII rule 11 of the Civil Procedure Code, for rejection of the plaint, alleging that the plaint did not disclose a cause of action. They further claimed that the suit was incompeten......l and others Vs. Islamic Bank of Bangladesh Ltd. and others, 53 DLR 9; Burmah Eastern Ltd. Vs. Burmah Eastern Employees Union and others, 18 DLR 709.
Lawyers Involved:
Abdul Quyum, Advocate—For the Petitioner.
Mosammat Suriya Begum, Advocate—For the Opposite Parties.
Civil Revision ..
Category: Procedural Law | Date: | Hits: 146
Mohiuddin Ahmed and others Vs. Government of BanglaÂdesh and others, 2011, 40 CLC (HCD)
....id not take any step against the order of rejection; that Anil Ranjan Shyam then mutated the suit property and a separate Khatian was created in the name of defendant Nos.7-9 and they gifted the said land to the defendant No.6 by the registered deed dated 22-4-2004 and the defendant No.6 got the sam......urt below. Ed. This Case is also Reported in: 63 DLR (HCD) (2011) 504.......n application filed by the defendant-petitioners under Order 7 rule 11 read with sections 11 and 151 of the Code of Civil Procedure should not be set-aside. 2. The relevant facts of this case are that the present opposite party as plaintiff instituted the Title Suit No.120 of 2004 impleading the ......AD) 144; 10 MLR 344; 61 DLR 503; Sreemati Pushpa Rani Das Vs. AKM Habibur Rahman, 13 BLD (AD) 217; Shahabuddin Vs. Habibur Rahman, 50 DLR (AD) 99. Lawyers Involved: Tabarak Hussain, Advocate - For the Petitioners. Goutam Kumar Roy, Deputy Attorney General with Arobinda Kumar Ray, Assistant ..Category: Property Law | Date: | Hits: 121
GSH Jamal Vs. Surraiya Jabeen and others, 2010, 39 CLC (HCD)
....d decree dated 23-9-2008, passed by the learned Joint District Judge, 2nd Court, Dhaka in Title Suit No.40 of 2005 (Originally Title Suit No.135 of 2003) decreeing the suit in favour of the plaintiff-landlord, holding that the defendant tenant is a defaulter and, as such, he is liable to be evicted ......¦â€¦â€¦â€¦â€¦â€¦â€¦Defendant-Appellant Vs. Surraiya Jabeen and others……………………Plaintiff-Respondents Judgment June 10, 2010. Result: The appeal is allowed in part. Cases Referred to- Maria Keshi D' Rozaria Vs. Hassan Movies Ltd., 41 DLR (AD) 35; Kalu Mondal Vs. ......) 124; Md. Jashimuddin Vs. Mrs. Nurjahan Begum, 14 BLD 528; Mymensingh Arya Darma Gnan Proclaim Sava Vs. Rabindra Nayaan Paul, 56 DLR 47; Siddik Ali being dead his heirs Afia Rahman, Vs. Nurun Nessa Khatun, 43 DLR (AD) 3; Binning and Co Vs. Nasirabad Properties Ltd., 40 DLR (AD) 89; Continental Corp......cords at once. Ed. This Case is also Reported in: 63 DLR (HCD) (2011) 493...Category: Tenancy Law | Date: | Hits: 190
Mamun Akbar Vs. State and another, 2012, 41 CLC (AD)
....long standing family relationship with the accused-petitioner Mamun Akbar which resulted in a relationship of mutual trust. During such relationship the accused-petitioner got allotment of a piece of land measuring 40 square meters of Section-2, Mirpur, Dhaka, in terms of allotment letter dated 23.0......Advocate-on-Record-For Respondent No.2. Not represented-For Respondent No.1. Criminal Petition for Leave to Appeal No.401 of 2009 (From the judgment and order dated 29th June, 2009 passed by the High Court Division in Criminal Miscellaneous Case No.1708 of 2007.) Judgment ......ion Case No.268 of 2005 under sections 420/406/109 of the Penal Code, now pending in the Court of Metropolitan Magistrate, Dhaka. 3. The relevant facts for disposal of the case, in brief, are that the respondent No.2 - opposite party No.2 had a long standing family relationship with the accus...... The State and another..........Respondents Judgment November 8, 2012. Result: The petition is dismissed. LawyersInvolved: Nurul Islam Bhuiyan, Advocate-on-Record-For the Petitioner. Md. Aftab Hossain, Advocate-on-Record-For Respondent No.2. Not r..Category: Criminal Law | Date: | Hits: 90
....ourt of 2nd Munsif, Rangpur (Ext.5) and that case was allowed; that Abul Kashem got possession through Court; that Bashir Uddin died leaving behind his son Abul Kashem who started possessing the suit land and during his possession he transferred the suit land along with 8 shops (constructed thereon)...... Petitioners
Syed Mahbubur Rahman, Advocate-on-Record-For the Respondents
Civil Petition for Leave to Appeal No. 249 of 2011.
(From the judgment and order dated 7th November, 2010 passed by the High Court Division in Civil Revision No.3939 of 2007.)
Order
Muhammad Imma..............Respondents
Judgment
November 11, 2012.
Result:
The leave is granted.
Lawyers Involved:
Rajik-Al-Jalil, Deputy Attorney General, instructed by Mrs. Sufia Khatun, Advocate-on-Record- For the Petitioners
Syed Mahbubur Rahman, Advocate-on-Record-For t......nd others........................................Respondents
Judgment
November 11, 2012.
Result:
The leave is granted.
Lawyers Involved:
Rajik-Al-Jalil, Deputy Attorney General, instructed by Mrs. Sufia Khatun, Advocate-on-Record- For the Petitioners
Syed ..
Category: Property Law | Date: | Hits: 181
....spondent Nos. 1-17 are entitled to get lease of the plot/property in their favour with the valuation presently Taka 6 Lakh per bigha.
2. Facts relevant for disposal of the appeal are that the suit land was acquired by the Government vide LA Case No.41/3 of 1960-61. The plaintiffs claimed them to ......te Jurisdiction)
Present:
Shahidul Islam J
Md. Rais Uddin J
Administrative Officer, HouÂsing Settlement, Chittagong & others……………….Defendant-Appellants
Vs.
Abdur Rashid Chowdhury and others................Respondents
Judgment
May 10, 2011.
Result:
The......ed Joint District Judge-in-charge, 2nd Court, Chittagong in Other Class Suit No.143 of 2001 decreeing the suit against the defendant No.7 and 8 on contest and ex parte against the rest and declaring that the plaintiff respondent Nos. 1-17 are entitled to get lease of the plot/property in their favou......s................Respondents
Judgment
May 10, 2011.
Result:
The appeal is allowed.
Cases Referred to-
Alauddin Khan Vs. Bangladesh represented by the Ministry of Housing and Public Works, 14 BLC 831; Nawshed Chowdhury Vs. Ministry of Land Administration and Land Reforms, Government..
Category: Property Law | Date: | Hits: 118
Shahidul Islam Vs. State and another, 2011, 40 CLC (HCD)
....Case No.124 of 2007 is hereby affirmed. The order of stay passed at the time of issuance of the Rule is hereby recalled and vacatÂed. Ed. This Case is also Reported in: 63 DLR (HCD) (2011) 471. ......acatÂed. Ed. This Case is also Reported in: 63 DLR (HCD) (2011) 471. ......the Negotiable Instruments Act 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. Relevant facts for disposal of the Rule are that the opposite party No.2 as complainant filed a petition of complaint before the Court of Upazila......Vs. Multi-drive Ltd., 14 BLC 66; Satya Narayan Poddar Vs. State, 53 DLR 403; Abdur Rahman Vs. Maklis Ali, 31 DLR (AD) 118. Lawyers Involved: Md. Zafar Alam, Advocate with HMA Alam, Advocates - For the Petitioner. Md. Imam Hassan, Advocate - For the Opposite Party No.2. Criminal Revision ..Category: Procedural Law | Date: | Hits: 114
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