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Mahbub-ul-Alam Md. (Minor) and another Vs. Md. Alimuddin Karikor, 2009, 38 CLC (HCD)
....impugned judgment submitting revisional Court has below seriously fallen in error in passing the impugned judgment and order setting aside the order passed by the Executing Court on erroneous finding wrongly relying on a decision in the case of Ajiran Nessa Bewa Vs. Md. Abdul Mannan, reported in 45 ...... judgment and order dated 9-4-2007 passed by the Revisional Court below is hereby set aside and that of the Executing Court is upheld. Ed. This Case is also Reported in: 15 BLC (HCD) (2010) 76. ......held. Ed. This Case is also Reported in: 15 BLC (HCD) (2010) 76. ...... judgment and order dated 9-4-2007 passed by the Revisional Court below is hereby set aside and that of the Executing Court is upheld. Ed. This Case is also Reported in: 15 BLC (HCD) (2010) 76. ..Category: Civil Law | Date: | Hits: 100
Zillul Haq and others Vs. Maloti Bala Dey & others, 1998, 27 CLC (HCD)
.... for his perusal and necessary action. The order of stay earlier granted by this Court stands vacated. Send down the LCR at once. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 367....... evidence on record it is manifestly clear that the original plaintiff Sarala Bala possessed the suit property as an undivided joint property since the death of Binode Behari Das, one of the admitted recorded tenants, on the basis of a registered will duly executed by Binode Behari in her favour. It......d, Advocate - For the Petitioner. Idrisur Rahman, Advocate - For the Opposite Party Nos. 41 and 42. Civil Revision No. 2330 of 1997. Judgment Gour Gopal Saha J.- This Rule is directed against the Judgment and decree dated 12-9-1996 passed by the Additional District Judge, 1st Court, Sy...... for his perusal and necessary action. The order of stay earlier granted by this Court stands vacated. Send down the LCR at once. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 367...Category: Property Law | Date: | Hits: 88
Mokthar Masum Abedin and others Vs. Nironjan Kumar Mondol and others, 1997, 26 CLC (HCD)
.... two thousand) only to the plaintiff-opposite- party. Stay granted by this Court at the time of issuance of the Rule stands vacated. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 341.......by the error a failure of justice has been occasioned. 23. From the impugned order it appears that the suit reached to its peremptory stage and the evidence of P.W.1 Niranjan Kumar Mondal had been recorded in part. The suit having reached to its peremptory stage and evidence of P.W.1 having been ......s vacated. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 341....... two thousand) only to the plaintiff-opposite- party. Stay granted by this Court at the time of issuance of the Rule stands vacated. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 341...Category: Procedural Law | Date: | Hits: 74
Mayurer Nessa and others Vs. Julekha Khatoon and others, 1994, 23 CLC (HCD)
.... wife out of compassion Alabuddin allowed Rahmat Ali to possess the Suit plot Nos. 160, 224 and 226. Taking advantage of old age and ignorance of Alabuddin the said Rahmat Ali during the CS operation wrongly recorded 0.08 annas share of the suit land in the suit khatian though he had no title in the......ourt, Comilla in Title Suit No. 69 of 1965. 2. Respondent Nos. 1‑14 as plaintiffs filed the aforesaid suit of partition of the suit property claiming plaintiffs No. 1‑13 as heirs of one of the recorded tenant Rahmat Ali whose name was recorded in the CS Khatian Ext. 2 as owner of 0.08 annas s...... and others...............................Appellants Vs. Julekha Khatoon and others............................Respondents Judgment November 21, 1994. Result: The appeal is allowed in part. Lawyers Involved: Amir Hossain with Farzana Hoque, Advocates ‑ For the Appellants. ......Ext. 2 as owner of 0.08 annas share of the jote. According to the plaintiffs, plaintiff No. 14 is the purchaser from the plaintiff No. 2. The plaintiffs claimed that other recorded tenant of the suit khatian was Alabuddin, predecessor-in-interest of defendant Nos. 1‑19, and defendant Nos. 20‑23 ..Category: Procedural Law | Date: | Hits: 85
Abdul Motaleb Shaque and others Vs. State, 1994, 23 CLC (HCD)
....is nothing to interfere with the impugned order. The Rule is discharged. The stay order granted earlier by this Court is hereby vacated. Ed. This Case is also Reported in: 47 DLR (HCD) (1995) 24.......nt Sessions Judge shall conclude the trial of a case within two hundred and forty days from the date on which the case is received by him for trial." Sub‑Section (3): "If for any reason to be recorded in writing a Magistrate or a Sessions Judge, Additional Sessions Judge, or Assistant Sessio......r. The Rule is discharged. The stay order granted earlier by this Court is hereby vacated. Ed. This Case is also Reported in: 47 DLR (HCD) (1995) 24.......is nothing to interfere with the impugned order. The Rule is discharged. The stay order granted earlier by this Court is hereby vacated. Ed. This Case is also Reported in: 47 DLR (HCD) (1995) 24...Category: Procedural Law | Date: | Hits: 80
Santosh Kumar Paul Vs. Nuruddin Ansari, 1993, 22 CLC (HCD)
....being TS No. 108 of 1974 was decreed in part. Now, it is the contention of the learned Advocate for the appellant that the lower appellant Court has not properly considered the evidence on record and wrongly found that the Bainapatra Ext. B was a genuine document and the same was voluntarily execute......ate Court is set aside and that of the trial Court is upheld in part with the above term. Let the records be sent down expeditiously. Ed. This Case is also Reported in: 47 DLR (HCD) (1995) 70.......) (1995) 70.......ate Court is set aside and that of the trial Court is upheld in part with the above term. Let the records be sent down expeditiously. Ed. This Case is also Reported in: 47 DLR (HCD) (1995) 70...Category: Procedural Law | Date: | Hits: 129
Lt. Cdr (Retd) AHM Mahmud Vs. Masud Ahmed, 2010, 39 CLC (HCD)
...., Justice and Parliamentary Affairs also considered that since the acceptance of the letter of resignation was held by the Courts to be illegal it would be deemed that he was working in his post, but wrongly applying the Prescribed Leave Rule, 1958, Rules 9(3)1 and 9(3)2 his absence was counted as e...... the petitioner within 3(three) months from receipt of a copy of this judgment. Let a copy of this judgment be communicated at once. Ed. This Case is also Reported in: 63 DLR (HD) (2011) 149. ...... a copy of this judgment. Let a copy of this judgment be communicated at once. Ed. This Case is also Reported in: 63 DLR (HD) (2011) 149. ...... the petitioner within 3(three) months from receipt of a copy of this judgment. Let a copy of this judgment be communicated at once. Ed. This Case is also Reported in: 63 DLR (HD) (2011) 149. ..Category: Employment/Service Law | Date: | Hits: 156
Abul Hasnat Md. Belal Vs. Md. Alauddin and others, 2008, 37 CLC (HCD)
....tands vacated. Office is directed to communicate the order at once with a copy of the judgment for information and necessary action. Ed. This Case is also Reported in: 63 DLR (HD) (2011) 141.......heir wives Lalita Bala, Purna Rama and Raj Bala who in turn settled the suit land with Kamarjahan Begum who subsequently become tenant under Government after SA operation and her name was accordingly recorded in the PS Khatian Nos. 291 and 87 and BS Khatian No.178. On 11-7-1986 Kamarjahan Begum o......) 141.......tands vacated. Office is directed to communicate the order at once with a copy of the judgment for information and necessary action. Ed. This Case is also Reported in: 63 DLR (HD) (2011) 141...Category: Procedural Law | Date: | Hits: 90
Ataur Rahman (Md.) Vs. Bangladesh and others, 2010, 39 CLC (HCD)
....ndi is ex parte Sidebotham, (1880) 14 Ch D 458 whether the Court held that a person aggrieved is a man "who has suffered a legal grievance, a man against whom a decision has been pronounced which has wrongly deprived him of something, or wrongful, refused him something, or wrongfully affected his ti......is still in seisin of the matter. Consequently, the prayer for certificate is rejected. Ed. This Case is also Reported in:62 DLR (HCD) (2010) 329; 30 BLD (HCD) (2010) 154. ......s also Reported in:62 DLR (HCD) (2010) 329; 30 BLD (HCD) (2010) 154. ......is still in seisin of the matter. Consequently, the prayer for certificate is rejected. Ed. This Case is also Reported in:62 DLR (HCD) (2010) 329; 30 BLD (HCD) (2010) 154. ..Category: Constitutional Law | Date: | Hits: 270
American Life Insurance Company Vs. Dacca Poura Shaba and others, 1978, 7 CLC (AD)
.... a question of law but the controlling authority in short discussed every aspect of the Taxation Rules and the Ordinance and came to the conclusion. 37. In the premises we find that High Court had wrongly held that the application was maintainable and erred in setting said the order of the Contro......s to costs. Order of the Court. In accordance with the view of the majority, we allow this appeal without any order as to costs. Ed. This Case is also Reported in: 31 DLR (AD) (1979) 276....... The appeal is allowed. Cases Referred to- Mian Jamal Shah Vs. the Member, Election Commission, Government of Pakistan, Lahore, 1966 18 DLR (SC) 1; PLD 1966 (SC) 1; Not Bell Lipuors Ltd.; Baldwin and Francis Ltd. Vs. Patent Appeal Tribunal. Lawyers Involved: Hafizullah, Advocate – For......s to costs. Order of the Court. In accordance with the view of the majority, we allow this appeal without any order as to costs. Ed. This Case is also Reported in: 31 DLR (AD) (1979) 276...Category: Fiscal/Taxation Law | Date: | Hits: 156
State Vs. Monsur Alam alias Mon Miah and others, 2012, 41 CLC (AD)
.... prepare the paper book out of Court in accordance with Rules. The order of stay granted earlier is extended till disposal of the appeal. Ed. This Case is also Reported in: 9 ADC (2012) 268. ......rt Division allowed the appeal on misconception and erroneous view of the evidence on record. He further submits that the High Court Division failed to consider the statement of accused Chora Hussain recorded by the Magistrate under section 164 of the Code of Criminal Procedure. He also submits that......dance with Rules. The order of stay granted earlier is extended till disposal of the appeal. Ed. This Case is also Reported in: 9 ADC (2012) 268. ...... prepare the paper book out of Court in accordance with Rules. The order of stay granted earlier is extended till disposal of the appeal. Ed. This Case is also Reported in: 9 ADC (2012) 268. ..Category: Criminal Law | Date: | Hits: 122
Government of Bangladesh Vs. Abdul Majid, 2012, 41 CLC (AD)
.... Khatun that his two sons got lease of the suit land from the Government and as such, he would not pay the share of Barga and after the enquiry by her servant, she came to know that in her return she wrongly stated 3.06 acres of land in Plot No.544 instead of the suit plot. Hamida Khatun filed a pet......erred in law in discharging the Rule. 13. The petitioner is permitted to prepare the paper-books out of Court in accordance with Rules. Ed. This Case is also Reported in: 9 ADC (2012) 258. ......pare the paper-books out of Court in accordance with Rules. Ed. This Case is also Reported in: 9 ADC (2012) 258. ......erred in law in discharging the Rule. 13. The petitioner is permitted to prepare the paper-books out of Court in accordance with Rules. Ed. This Case is also Reported in: 9 ADC (2012) 258. ..Category: Property Law | Date: | Hits: 93
Buxly Paints (Bangladesh) Ltd. Vs. Bangladesh, 1977, 6 CLC (AD)
.... Natural Resources of the Government of Bangladesh issued a notification purporting to take over under Acting President's Order dated 26-12-71 as amended by Acting President's Order dated 30-12-71 (wrongly stated as Acting President's Order dated 30-12-71) with immediate effect the management of......d order of the High Court Division are set aside and it is declared that the Notification dated 19-2-12 is without any lawful authority. Ed. This Case is also Reported in: 31 DLR (AD) (1979) 266.......ification dated 19-2-12 is without any lawful authority. Ed. This Case is also Reported in: 31 DLR (AD) (1979) 266.......d order of the High Court Division are set aside and it is declared that the Notification dated 19-2-12 is without any lawful authority. Ed. This Case is also Reported in: 31 DLR (AD) (1979) 266...Category: Property Law | Date: | Hits: 79
Sukhamoya Dutta Gupta Vs. Abdul Gafur and others, 1979, 8 CLC (AD)
....ticularly in view of the concurrent findings of the Courts below regarding possession in favour of the appellant, the decision of the Privy Council has no application but the principle has been wrongly applied to this case. 7. The learned Judge of the High Court fell into an error in taking....... Accordingly the appeal is allowed. The order of the High Court under appeal is set aside and those of the Courts below are restored. Ed. This Case is also Reported in: 31 DLR (AD) (1979) 262....... of the High Court under appeal is set aside and those of the Courts below are restored. Ed. This Case is also Reported in: 31 DLR (AD) (1979) 262........ Accordingly the appeal is allowed. The order of the High Court under appeal is set aside and those of the Courts below are restored. Ed. This Case is also Reported in: 31 DLR (AD) (1979) 262...Category: Criminal Law | Date: | Hits: 94
New India Tea Company Ltd. Vs. Bangladesh and others, 1977, 6 CLC (AD)
....al is accordingly allowed in part, the order of the High Court set aside, and the Writ Petition dismissed. We make no order as to costs. Ed. This Case is also Reported in: 31 DLR (AD) (1979) 303.......rved upon parties concerned including the appellant-company and the Manager of the Ramgarh Tea Estate all of whom supported its claim, the mutation case was allowed and M/s. Union Agency Ltd. was recorded as tenant. After mutation the land was recorded as Jote No.164 under a separate Khatian N......nd the Writ Petition dismissed. We make no order as to costs. Ed. This Case is also Reported in: 31 DLR (AD) (1979) 303.......al is accordingly allowed in part, the order of the High Court set aside, and the Writ Petition dismissed. We make no order as to costs. Ed. This Case is also Reported in: 31 DLR (AD) (1979) 303...Category: Property Law | Date: | Hits: 87
....tan Ordinance, VI of1963, section 26. It cannot be said, therefore, that this law was not in existence. We find that the law was very much ill existence. Whether or not the word substituted was wrongly used and whether or not the use of the word "substituted" makes the law itself illegal is a ......r into. The petitioners claim that they did not receive notice of the acquisition. On the other hand the respondents claim that the notice was served upon the persons in possession and those who were recorded in the SA records. Again these are matters which have taken place many years ago and no ear......r, any order as to cost.
Let a copy of this judgment be communicated at once.
Ed.
This Case is also Reported in: 63 DLR (HD) (2011) 85.
......ules which are accordingly, discharged, without, however, any order as to cost.
Let a copy of this judgment be communicated at once.
Ed.
This Case is also Reported in: 63 DLR (HD) (2011) 85.
..
Category: Property Law | Date: | Hits: 106
Md. Hasanul Islam Hanif @ Galcuta Hanif Vs. State, 2011, 40 CLC (HCD)
....ith any other case. Let the lower Court's record with a copy of this Judgment and order be sent down to the concerned Court at once. Ed. This Case is also Reported in: 16 MLR (HCD) (2011) 196....... 3. The police produced the petitioner before the Court of learned Chief Metropolitan Magistrate who sent the petitioner to the custody on 10.9.2004. The police took up the case for investigation and recorded the statements of the witnesses under section 161 of the Code of Criminal Procedure. Having......ecord with a copy of this Judgment and order be sent down to the concerned Court at once. Ed. This Case is also Reported in: 16 MLR (HCD) (2011) 196.......ith any other case. Let the lower Court's record with a copy of this Judgment and order be sent down to the concerned Court at once. Ed. This Case is also Reported in: 16 MLR (HCD) (2011) 196...Category: Criminal Law | Date: | Hits: 92
Kartick Chandra Mandal & others Vs. State, 2010, 39 CLC (HCD)
....e bail in terms of their respective bail granting order. The Adalat is directed to proceed as per law. Communicate the order at once. Ed. This Case is also Reported in: 16 MLR (HCD) (2011) 190. ......; that the people of the locality were afraid of him and nobody dared to speak against him and that some days before also he along with his gang, created reign of terror at Magurkhali Bazar which was recorded in a General Diary in the respective police station; that the accused Kartick gave the info......ing order. The Adalat is directed to proceed as per law. Communicate the order at once. Ed. This Case is also Reported in: 16 MLR (HCD) (2011) 190. ......e bail in terms of their respective bail granting order. The Adalat is directed to proceed as per law. Communicate the order at once. Ed. This Case is also Reported in: 16 MLR (HCD) (2011) 190. ..Category: Criminal Law | Date: | Hits: 143
....itle Suit No.48 of 1986 are hereby affirmed.
Let a copy of this Judgment along with L.C.R. be sent to the concerned Court at once.
Ed.
This Case is also Reported in: 16 MLR (HCD) (2011) 130.
......eacefully. It has been further alleged that she paid the rent to the ex-landlord who executed the rent receipt year to year in her favour. But during the S.A operation she could not get the suit land recorded in her name which has been erroneously recorded in the name of the Government (defendant No......vernment of the People's Republic of Bangladesh and others.................Opposite parties
Judgment
July 27, 2010.
Result:
The rule is discharged.
Cases Referred to-
Sheikh Salimuddin Vs. Ataur Rahman, 43 DLR 18; Ajufannessa Vs. Safar Miah, 30 DLR (SC) 41.
Lawyers Involved:
......itle Suit No.48 of 1986 are hereby affirmed.
Let a copy of this Judgment along with L.C.R. be sent to the concerned Court at once.
Ed.
This Case is also Reported in: 16 MLR (HCD) (2011) 130.
..
Category: Property Law | Date: | Hits: 82
Raju Bala Kuri and others Vs. Narayan Chandra Kuri, 2009, 38 CLC (HCD)
....osts and the order of stay granted at the time of issuance of the rule is hereby vacated. Send down the L.C. Records immediately. Ed. This Case is also Reported in: 16 MLR (HCD) (2011) 126. ......osts and the order of stay granted at the time of issuance of the rule is hereby vacated. Send down the L.C. Records immediately. Ed. This Case is also Reported in: 16 MLR (HCD) (2011) 126. ...... appears - For the petitioners. Abul Kalam Chowdhury, Advocate - For the opposite party. Civil Revision No. 6066 of 2002. (From the Judgment and order dated 30.4.2002 passed by the learned Joint District Judge and Artha Rin Adalat, Noakhali in Title Appeal No.143 of 1997.) Judgment Fa......osts and the order of stay granted at the time of issuance of the rule is hereby vacated. Send down the L.C. Records immediately. Ed. This Case is also Reported in: 16 MLR (HCD) (2011) 126. ..Category: Civil Law | Date: | Hits: 103
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