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Kalim Ullah (Md.) and others Vs. Fariduddin Ahmed, 2012, 41 CLC (AD)
....bdul Wahhab Miah J. I agree with the reasoning and findings given by my learned brother Md. Abdul Wahhab Miah J. Ed. This Case is also Reported in: 20 BLC (AD) (2015) 33. ......e in favour of respondent Nos. 1 (the defendant) on the ground that his father though executed the lease deed in respect of the suit land measuring an area of 0.92 acre, he did not pay the salami and rent and also did not take over possession of the suit land and thus, the defendant violated the ter..Category: Trust/Waqf Law | Date: 1 Feb, 2012 | Hits: 10
Nawabgonj Government College Vs. Aftabuddin (Md.) and others, 2012, 41 CLC (AD)
.... illegal. From the above discussion, it is evident that there is no merit in this leave petition and hence it is dismissed. Ed. This Case is also Reported in: 64 DLR (AD) (2012) 115. ...... petitioner and thus the petitioner acquired title and possession in 0.64 acre of land of suit plot No. 509. The petitioner got his name mutated in respect of his purchased 0.64 acre of land and paid rent up to 1391 BS and obtained dakhilas. That since the vested property authority started BP Case N..Category: Property Law | Date: 23 Jan, 2012 | Hits: 90
Mahua Khair Vs. Amena Begum Ali Ispahani, 2012, 41 CLC (AD)
.... i.e. the Sub-Ordinate Judge (now Joint District Judge), Additional Court, Dhaka. Ed. This Case is also Reported in: 17 MLR (AD) (2012) 172; 17 BLC (AD) (2012) 139; 9 ADC (2012) 924. ...... the cancellation of the agreement for sale by the Vendor was proper, valid and binding upon the parties; a decree for khas possession of the suit property; a decree for Tk. 44,10,000/- on account of rent at the rate of Tk. 35,000/- per month from June 1985 to July 1996 and declaration that the plai..Category: Contract Law | Date: 10 Jan, 2012 | Hits: 1077
Md. Amzad Hossain Parag Vs. Md. Saiful Islam and others, 2012, 41 CLC (AD)
....w the judgment and decree of the trial court will stand. In the circumstances we dismiss this civil petition for leave to appeal. Ed. This Case is also Reported in: 9 ADC (2012) 224. ......jote recorded in C.S. Khatian No.106 of mouza Arulia, District-Bogra was recorded in the name of Syed Altaf Ali Chowdhury the matwalli of Syeda Jabedun Nesa Chowdhurani Estate and others in different shares. That in the remark column against the suit plot No.1029 of that C.S. Khatian No.106 the..Category: Property Law | Date: 9 Jan, 2012 | Hits: 98
Begum Khaleda Zia Vs. State and another, 2011, 40 CLC (HCD)
....eed with the impugned Special Case in accordance with law. Send a copy of the Judgment and order to the Court below at once. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 1. ......Head Office, Dhaka, lodged FIR with Ramna Police against 7 persons including accused-petitioner Begum Khaleda Zia alleging that when she was the Prime Minster of the country during 1991-96, a current account bearing No.5416 was opened in the Sonali Bank, Ramna branch, in the name and style &ldq..Category: Anti-Corruption Laws | Date: 12 Dec, 2011 | Hits: 161
Nazir Ahmed and others Vs. Fajal Ahmed & others, 2011, 40 CLC (HCD)
....l bear their respective costs. Send down the lower Court records with a copy of the judgment to the trial Court forthwith. Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 260. ......the same in favour of Rosomoy Chandra by a registered kabala dated 16-6-1960; while Rosomoy Chandra was in possession and enjoyment of the suit land the same was put to auction owing to nonpayment of rent and eventually Certificate Case No.188/64-65 was initiated and upon conclusion thereof the suit..Category: Civil Law | Date: 23 Nov, 2011 | Hits: 7
State Vs. Rustom & 2 others, 2011, 40 CLC (HCD)
....llowing ways: "When eye-witnesses witness the occurrence, accused-persons depart from the scene and nearly 1,000 people assemble at the place of occurrence followed by high officials, it is expected that the eye-witnesses will name the accused-persons not only to their own kith and ki......d against absconding convict Enamul. Let a copy of this judgment and order be communicated to the Court concerned at once. Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 429. ..Category: Evidence Law | Date: 17 Nov, 2011 | Hits: 8
Jamuna Television Ltd. and another Vs. Government of Bangladesh & others, 2011, 40 CLC (AD)
....d a legitimate expectation, that is, an expectation of the kind which the courts will enforce. The analogy with estoppel will be apparent. Existence of a regular practice which could reasonably be expected to continue.' 25. In the said book upon referring to NG's case (1983) 2 All 38......ercised. The exercise of such power is left completely to the discretion of the Appellate Division and it has the power to pass any order or decree in the interest of justice. This powers are inherent and are complementary to those powers which are specifically conferred on this Division by v..Category: Information Technology Law | Date: 16 Nov, 2011 | Hits: 18
Hafizul Islam Chowdhury (Md.) Vs. Bangladesh and others, 2011, 40 CLC (HCD)
....; Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 470. ......title from the suit property as in the decisions referred by the petitioner and also of my earlier decisions of mine it is opinioned about once the record of right was correct and government accepted rent from the plaintiff for the suit property the government is estoppel to challenge of the" t..Category: Property Law | Date: 19 Oct, 2011 | Hits: 4
Victor Simon Paat and other Vs. M.V. Accord and others, 2011, 40 CLC (HCD)
....The plaintiff will be entitled to execute the decree against the sale proceed of the vessel M. V. ACCORD, now remaining in the Marshal account of this court. Ed. This Case is also Reported in: ......s honorable court against the vessel MV ACCORD which are made by the unscrupulous persons against the vessel only to grab it. It has been stated that the principal defendant Nos.3, 4 and 5 filed different suits against the vessel MV ACCORD, being Admiralty Suit No.21 of 2000, Admiralty Suit No.22 of..Category: Admiralty Law or Maritime Law | Date: 23 Aug, 2011 | Hits: 87
Abdul Aziz Vs. Most. Kutisona Bibi and others, 2011, 40 CLC (AD)
.... the light of observations made above. The impugned judgment is set aside. This civil petition for leave to appeal is thus disposed of. Ed. This Case is also Reported in: 9 ADC (2012) 190. ......i Charu Bala Ghosh and Sree Aswini Kumar Ghosh were the superior land lords of Khatian No.59 in two annas share each and the said four annas share of those landlords were put in auction for arrear of rents and the said superior landlords themselves auction purchased the same. Subsequently Abdul Ga..Category: Property Law | Date: 24 Jul, 2011 | Hits: 71
Tae Hung Packaging (BD) Limited and others Vs. Bangladesh and others, 2011, 40 CLC (HCD)
....article 109 of the Constitution, the High Court Division can really exercise its power of judicial review and thus, interfere with the proceedings of the Subordinate Courts and Tribunals. It is expected that the impugned proceedings challenged in the writ petitions having arisen out of the pe......riminal Procedure on the same subject matter. Some Benches are of the opinion that a criminal proceeding can be quashed at the initial stage of investigation and some other Benches have taken different views. As a result, accumulation of number of cases in the docket is on the rise. Over and abo..Category: Business or Commercial Law | Date: 20 Jul, 2011 | Hits: 39
Md. Habibur Rahman Bhuiyan and others Vs. Mosammat Galman Begum and others, 2011, 40 CLC (AD)
....ed by my learned brother Surendra Kumar Sinha J. Courts Order The appeal is allowed by majority decision without any order as to costs. Ed. This Case is also Reported in:9 ADC (2012) 575. ......r son and daughters. The pre-emptee’s father Sultan Uddin Bhuiyan was a bargadar under the pre-emptor's father and later on under her. Pre-emptor requested the respondent No.2, the vendor on different occasions to partition the joint property left by her parents. Pre-emptor's husband being a Gov..Category: Property Law | Date: 15 Jun, 2011 | Hits: 169
Sk. Nurul Islam Vs. State, 2011, 40 CLC (HCD)
....o above does not contain specifically about the money misappropriated but simply stated that the appellant committed offence under the Sections referred to in the sanction order . 10. It is expected that a sanction order should always be a speaking one fulfilling the requirement of a valid......he Court cannot be cured under the provisions of the aforesaid Section 537. 11. The sanction order to prosecute relates to some alleged caused committed by the accused which being different or mute from which the prosecution was launched against him the trial on the basis of such sanc..Category: Anti-Corruption Laws | Date: 19 May, 2011 | Hits: 157
Government of Bangladesh and Others Vs. Md. Gias Uddin Chowdhury and Others, 2011, 40 CLC (AD)
.... any order as to costs with the above observations. This judgment would govern both the appeals. Ed. This Case is also Reported in: 32 BLD (AD) (2012) 1, 17 BLC (AD) (2012) 14, VIII ADC (2011) 879. ......436 corresponding to R.S. Khatian No.1145 of R.S. plot Nos.651 and 653 of Mouza Joarshahara, Dhaka Cantonment in the High Court Division by a writ petition. According to the writ petitioners, by different deeds they acquired title and possession of .6855 acre of land out of the aforesaid three plots..Category: Property Law | Date: 15 May, 2011 | Hits: 100
.... with a religious leader well-versed in Shari’ah law. In this connection, it is pertinent to give such an example where Fatwa is necessary. Muslims are expected to pray five times everyday at specific time during the day. A person who is going to be on...... of the Constitution, the issuance of the suo moto Rule by the High Court Division, was misconceived.
4. If we confine our attention only on Article 102, then no doubt the above objection is apparently correct, i.e. the High Court Division, may in its discretion, pass an order, but only on &lsq..
Category: Civil Law | Date: 12 May, 2011 | Hits: 34
Rupali Bank Ltd. Vs. Sree Babu Jiban Kumer Shaha, 2011, 40 CLC (HCD)
....aintiff. Send down the lower court records along with a copy of this judgment immediately to the court concerned. Faruque Ahmed J. - I agree. Ed. This Case is also Reported in: ......Tk. 1,53,412/- as the principle amount along with interest and other charges. 3. The plaintiff in his plaint stated inter alia that he had been running a grocery shop opening an account being Current Account No.619 with the Rupali Bank, Sherpur Town Branch on 23.03.1987. The defendant applied t..Category: Banking Law | Date: 11 May, 2011 | Hits: 210
Md. Jahir Uddin and others Vs. Md. Molin Ali and others, 2011, 40 CLC (HCD)
.... dated 23.11.2004 passed by the Assistant Judge, Gobindaganj, Gaibandha in Other Class Suit No.8 of 1997 is maintained. Send down the lower Court records. Ed. This Case is also Reported in: ......ed from office of the Deputy Commissioner, Gaibandha marked exhibit-2; order of dismissal passed in Other Suit No.98 of 1994, plaint and written statements in that suit marked exhibit-3 series; seven rent receipts of the suit land marked exhibit-4 series, and some other documents including the deeds..Category: Property Law | Date: 31 Mar, 2011 | Hits: 68
GK Brothers and another Vs. Imperial Chemical Industries Bangladesh Limited, 2011, 40 CLC (HCD)
.... land in favour of appellants through court. The office is directed to send down the lower Court's record at once. Ed. This Case is also Reported in: 65 DLR (HCD) (2013) 543 ......that the defendant No. 4 entered into the suit land as a vharatia under the present plaintiff on the strength of an agreement dated 28-2-1997. At one stage the defendant No. 4 started depositing rent with the Rent Controller under section 19 of the premises Rent Controller Ordinance vide HRC ca..Category: Civil Law, Procedural Law | Date: 20 Mar, 2011 | Hits: 2
Jamiul Hossain Vs. Government of Bangladesh & Others, 2011, 40 CLC (HCD)
....of issuance of Rule Nisi is, hereby, recalled and vacated. Let a copy of the judgment be communicated to the Respondents forthwith. Ed. This Case is also Reported in: 20 BLT (HCD) (2012) 49. ......e. He further submits that since respondent No.7 and others after purchase of the land got their names mutated and that since they are in possession over the case land by paying development taxes and rent to the Government, the constitution of a committee for rehearing of appeal cases and issuance o..Category: Constitutional Law | Date: 15 Feb, 2011 | Hits: 176
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