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Shawkat Ali Chowdhury Vs. G. Murshed Reza and others, 2009, 38 CLC (HCD)
....R 597; Ashak Ali Prodhania Vs. Md. Anwar Khan and others, 8 BLC (AD) 10; Abdur Rashid alias Bhulu and others Vs. Moulana Mobaswar Ahmed and others, 8 BLC (AD) 11; Muni Lal and others Vs. Kishore Chand Kanshi Ram, AIR 1927 (Lahore) 373; Pesu Malhar Bhagwan Das Vs. Bisken Das Mewa Ram, A.I.R. 1927......ing to selling of immovable property where both vendee and vendor has to perform specific obligations or under takings, unless the same be performed the baina cannot be cancelled by letter. Moreover, the bainapatra is a registered deed, in cancellation of the same, there requires some legal fo......o proceed with the suit in accordance with law. Send down the lower Court records at once. Md. Emdadul Hague Azad, J.- I agree. Ed. This Case is also Reported in: 7 LG (HCD) (2010) 24. ..Category: Civil Law | Date: | Hits: 200
M/s. Brick Linkers Ltd. and another Vs. Joint District Judge & Others, 2005, 34 CLC (HCD)
.... 3 years from the date when the right accrued the application would be barred under Article 181 of the Limitation Act. 8. Mr. Harunur Rashid the learned Advocate representing the Bank on the other hand contended that Article 181 of the Limitation Act has no manner of application and the Court whi......ow that there is no executable decree before the Adalat. Having regard to the facts of the case there will be no order as to costs. Ed. This Case is also Reported in: 15 BLT (HCD) (2007) 99. ......ow that there is no executable decree before the Adalat. Having regard to the facts of the case there will be no order as to costs. Ed. This Case is also Reported in: 15 BLT (HCD) (2007) 99. ..Category: Limitation Law | Date: | Hits: 162
Sharif Uddin and another Vs. Bangladesh & others, 2009, 38 CLC (HCD)
....ents were pxiblished in newspaper for donation of some land for this purpose, that in response to the advertisement Haji Md. Abdul Momith (Petitioner in WP 3772 of 2008) gifted 0.52 acres of land at Chandpur Mouza by executing a registered or deed of gift in favour of the Government/Union Parishad o...... as specified in the schedule on which No.5 Union Parishad Complex Bhaban is to be constructed. 4. Facts of both the writ petitions are more of less the same which, in brief, are as under: The Government in order to strengthen the Union Parishads all over the country and for rendering service ......cality than the site approved by the Government. With the above observations, the rule is disposed of without any order as to costs. Ed. This Case is also Reported in: 16 BLC (HCD) (2011)92. ..Category: Property Law | Date: | Hits: 130
Ismail Hossain (Md.) Vs. Shakhina and others, 2012, 41 CLC (HCD)
....ance with law and, as such, at any rate the impugned judgment and Order is liable to be set aside. 13. Mr. AJ Mohammad Ali, the learned Advocate appearing for the opposite party No.1, on the other hand, supports the impugned judgment and Order dated 30-8-2001 which was, according to him just, c......rict Judge, 1st Court, Gazipur submits that in any event the lower appellate Court acted wrongly and illegally in setting-aside the judgment of the trial Court giving a go by to a unchallenged decree over the self-same issue passed by a competent Civil Court in accordance with law and, as such, at a......llaneous Appeal No.27 of 1998 in set aside. Let a copy of the judgment along with the lower Court’s record be sent down at once. Ed. This Case is also Reported in: 17 BLC (HCD) (2012) 320. ..Category: Property Law | Date: | Hits: 117
....er
Vs.
Government of the People's Republic of Bangladesh and others………………Respondents
Judgment
January 12, 1997.
Result:
The Rule is discharged.
Lawyers Involved:
Khandker Mahbubuddin Ahmed with SM Moonsir, Advocates ‑ For the Petitioner.
KM Saifuddin Ahmed, ......me Court
High Court Division
(Special Original Jurisdiction)
Present:
Kazi Ebadul Hoque J
Amirul Kabir Chowdhury J
Aung Shwe Prue Chowdhury…………………Petitioner
Vs.
Government of the People's Republic of Bangladesh and others………………Respondents
Judgment......order to interfere with the same.
In the result, the Rule is discharged without any order as to costs. Order to stay stands vacated.
Ed.
This Case is also Reported in:49 DLR (HD) (1997) 217.
..
Category: Civil Law | Date: | Hits: 185
Sree Babul Kumar Biswas Vs. Sree Khudiram Jaladas, 2007, 36 CLC (HCD)
....but the Court due to inadvertence had decreed the suit only for registration of the deed. He submitted that in view of the Order 21 Rule 32(5) of the Code of Civil Procedure the Court is empowered to hand over delivery of Khas possession in the suit land in favour of the decree holder. In support of......he Court due to inadvertence had decreed the suit only for registration of the deed. He submitted that in view of the Order 21 Rule 32(5) of the Code of Civil Procedure the Court is empowered to hand over delivery of Khas possession in the suit land in favour of the decree holder. In support of his ......f injunction granted by this Court dated 12.1.2004 shall remain is force till the execution Case is disposed of on full satisfaction. Ed. This Case is also Reported in: 15 BLT (HCD) (2007) 421. ..Category: Procedural Law | Date: | Hits: 253
.... circumstance, the plaintiffs suit was liable to be dismissed with costs.
4. The learned Assistant Judge framed appropriate issues in the suit. The plaintiff examined herself as P.W.1 on the other hand the defendant examined two witnesses.
5. The learned Assistant Judge upon consideration of t......nce.
Ed.
This Case is also Reported in: 15 BLT (HCD) (2007) 418.
......ranted by this Court dated 23.11.2004 is hereby vacated.
13. The office is directed to send down the lower Court's record at once.
Ed.
This Case is also Reported in: 15 BLT (HCD) (2007) 418.
..
Category: Civil Law | Date: | Hits: 104
lqbal Hossain Talukder (Md.) Vs. Md. Joinal Abedin Talukder and 76‑others, 2002, 31 CLC (HCD)
....rs.............Opposite Parties Judgment August 20, 2002. Result: The Rule is discharged. Cases Referred to- Durga Choudhurain Vs. Jawahir Singh Choudhuri, 17 Indian Appeal 122; Ramchandra Vs. Ram Lingam, AIR 1963 SC 302; Abdul Mazid and others Vs. Khalil Ahmed, PLD 1955 FC 38; Azi......d in support of contention raised by Pre-emptee Petitioner. Inconsistencies occurred in testimonies of OPWs 1 and 2 had been, also, noticed, discussed and considered by learned Appellate Judge. Moreover, no case had been made out nor any legal evidence had been produced by Pre-emptees that Pre‑e...... their respective costs. Lower Court Record be sent down at once. A copy of this Judgment be transmitted to Courts concerned. Ed. This Case is also Reported in: 55 DLR (HCD) (2003) 604. ..Category: Property Law | Date: | Hits: 116
Bangladesh Water Development Board and other Vs. Progati Prakaushali & another, 1996, 25 CLC (HCD)
....n Act in view of the allegation raised by the second party appellant in that application. 7. Mr. Khan Saifur Rahman, the learned Advocate appearing for the contractor respondent No.1, on the other hand, submits that the instant appeal is incompetent inasmuch it is provided in section 17 of the Ar......ard on 27‑4‑1993 for a total amount of Taka 12,69,324.00 in favour of the contractor respondent No.1 but as the Chief Engineer claimed through a letter that an amount of Taka 9,85,839.00 has been over paid to the contractor respondent No.1, the learned arbitrator in the aforesaid award passed a ...... legally made the award a rule of the Court. In view of the facts and circumstances of the case, there will be no order as to cost. Ed. This case is also Reported in:49 DLR (HCD) (1997) 335. ..Category: Alternative Dispute Resolution | Date: | Hits: 606
Abdul Mannan Talukder Vs. State, 1982, 11 CLC (HCD)
....tioner has not been challenged before as by filing any counter affidavits. Furthermore, it has been asserted in the petition that the deceased was killed by the bullet fired from the rifle in the hand of the accused opposite party. 5. The learned Counsel appearing for the petitioner has submi......was filed by the public prosecutor praying for withdrawal of the case against one out of the eight accused persons namely, Hamayun Kabir (hereinafter called the accused) on the ground that the government has decided to withdraw the case against him as recognition of his courageous service re....... The Rule is, accordingly, made absolute. Send down the records at once, if received. Anwarul Hoque Chowdhury J.- I agree. Ed. This Case is also Reported in:35 DLR (HCD) (1983) 202. ..Category: Criminal Law | Date: | Hits: 145
Abul Hossain Azad Vs. Government of Bangladesh & Others, 2005, 34 CLC (HCD)
....t instead of appointing the petitioner who got the highest number of votes, illegally appointed the respondent No.5, as the Chairman of the Managing Committee who get only 3 votes. 5. On the other hand, Mr. Md. Faruque Ahmed, the learned Advocate appearing for the respondent No.5 submits that no ......07) 44. ......clared illegal and passed without any lawful authority. In the result, the Rule is made absolute but without any order as to costs. Ed. This Case is also Reported in: 15 BLT (HCD) (2007) 44. ..Category: Others | Date: | Hits: 181
Mohammad Ali Miah and others Vs. Md. Sekander Ali Haowlader, 2007, 36 CLC (HCD)
....entry marked exhibit-3 the legal notice marked exhibit-4 and signature of Abdul Mannan appearing in the agreement marked exhibit-4 (Ka) in support of his contention. 11. The defendant on the other hand also examined 2 witnesses. D.W.1 is Mohammad Ali Miah and D.W.2 Abdul Aziz who stoutly supporte......ed within 15 days and that after expiry of the above time limit, the purchaser had an option to get the sale deed executed and registered through a Court and in such event, he would be entitled to recovery all expenses from the executant. It is further stated that the plaintiff repeatedly requested ......at the rate of 15% per annum will be charged upon this amount from the date of decree till realization. Send down the LCR at once. Ed. This Case is also Reported in: 15 BLT (HCD) (2007) 484. ..Category: Civil Law | Date: | Hits: 102
....s
Judgment
March 15, 2003
Result:
The Rule is discharged.
Case Referred to-
Union of India Vs. Ganapatrai Sagarmull, AIR 1983 Cal 14.
Lawyers Involved:
Dr. Kamal Hossain with Khandaker Mahbubuddin Ahmed and Subrata Choudhury, Advocates—For the Petitioner.
Abdur Razzaque ......terials, alcohol/rectified spirit in any manner whatsoever and the action of the Department of Narcotics Control making applicable the Narcotics Control Act 1990 in the homeopathic drug manufacturing overlapping the Drugs Act, 1940 and Rules thereunder and Drugs (Control) Ordinance, 1982 are ultra v......et a copy of this judgment be sent to the Director General, Department of Narcotics Control, 1, Segunbagicha, Dhaka‑ 1000 at once.
Ed.
This Case is also Reported in: 55 DLR (HCD) (2003) 590.
..
Category: Others | Date: | Hits: 341
Abdus Samad @ Md. Abdus Samad Vs. State, 2011, 40 CLC (AD)
....formant and while the informant and others tried to resist the accused persons, accused Barek dealt a ram dao blow aiming at the head of the informant as the informant tried to save her head with her hand, the dao blow hit on her finger of the left hand, which caused serious bleeding injury. The acc......hat the learned Judges of the High Court Division have totally failed to consider that no evidence has been produced to show the ownership of the land in dispute regarding which Khursid Ali died. Moreover, it is admitted position that Mazam Ali, father of the petitioner used to cultivate the land, h......d Senior Counsel for the petitioner merit no consideration. In the result, this criminal petition for leave to appeal is dismissed. Ed. This Case is also Reported in: 17 MLR (AD) (2012) 332. ..Category: Criminal Law | Date: | Hits: 116
....2‑95. Inspite of the approval of the lease by the Ministry and completion of all formalities, the possession of the Ferry ghat was not given to respondent No.5 in time. There occurred some delay in handing over possession of the Ferry ghat torespondent No.5.It is stated by respondent No.5 that hew......January 27, 1997.
Result:
The Rule is made absolute.
Cases Referred to-
Sharping Matshajibi Samabaya Samity Ltd. Vs. Bangladesh and others case, BLD 1987 (AD) 106; Mesbahuddin Ahmed Vs. Government of Bangladesh and others, 47 DLR 515.
Lawyers Involved:
Moudud Ahmed with Md. Azizul......out lawful authority and is of no legal effect.
In the facts and circumstances of the case there will not be any order as to costs.
Ed.
This case is also Reported in:49 DLR (HCD) (1997) 331.
..
Category: Civil Law | Date: | Hits: 178
....has contended that since the petitioner has been able to prove before the learned Labour Court that the said grievance petition was submitted to the employer, the Respondent No.1, by delivering it by hand to the office of the Respondent No.3, the General Manager of the Respondent No.1, the requireme...... to be sent to the employer only by registered post and, as such, the petitioner having failed to send the grievance petition by registered post the said petition which is alleged to have been handed over to the office of the Respondent No.3, cannot be deemed to be a grievance petition under section...... with the Judgment and order passed by the learned Labour Court.
The Rules is, accordingly, discharged without any order as to costs.
Ed
This case is also Reported in:49 DLR (HD) (1997) 215.
..
Category: Labour and Industrial Law | Date: | Hits: 141
Serajul Islam Vs. State, 1996, 25 CLC (HCD)
....ore, according to him, the detention of the detenu Shazzad Hossain since the expiry of the initial period of 30 days as ordered by the District Magistrate, is illegal and improper. 5. On the other hand, Mr. AK Mujibur Rahman, the learned Deputy Attorney‑General, contends that the grounds for de......erred to the decision reported in 31 DLR (AD) 1 and 46 DLR 107. 4. Mr. Moudud's last but most serious contention is that sub‑section (3) of section 3 of the Special Powers Act empowers the Government to approve the order of detention passed by the District Magistrate or Additional District......w detained in Dhaka Central Jail be set at liberty at once if not wanted in any other matter. The Rule is accordingly made absolute. Ed. This Case is also Reported in:49 DLR (HD) (1997) 209. ..Category: Criminal Law | Date: | Hits: 127
.... payment of rent since May, 1996, defendant No.2 filed Small Causes Court Suit (S.C.C. Suit) No.4 of 1997 in the Court of Joint District Judge, 3rd Court, Dhaka against him for eviction. On the other hand, Saifuzzaman as the plaintiff filed Other Class Suit No.6 of 1997 against the defendant for spe...... and order passed in the said civil revision, Saifuzzaman preferred Civil Petition for Leave to Appeal No.60 of 2002 before this Division, which was dismissed on 05.05.2003. While taking steps for recovery of khas possession, defendant No.2 found a sale notice dated 15.08.2003 published in The Daily......roper appreciation of law and fact do not call for interference.
Accordingly, the Civil Petition for Leave to Appeal is dismissed.
Ed.
This Case is also Reported in: 32 BLD (AD) (2012) 208.
..
Category: Civil Law | Date: | Hits: 174
Begum Shamsunnahar Chowdhury Vs. Md. Masud Jamal and others, 1994, 23 CLC (HCD)
.... House Building Finance Corporation, and in return she received an amount of Taka 95,000.00 from the Attorney. After execution and registration of the power of attorney on 19‑5‑82, the petitioner handed over the possession of the said house to the Attorney, defendant‑opposite party No.1 but th......Building Finance Corporation, and in return she received an amount of Taka 95,000.00 from the Attorney. After execution and registration of the power of attorney on 19‑5‑82, the petitioner handed over the possession of the said house to the Attorney, defendant‑opposite party No.1 but the latte......115 of the Code of Civil Procedure. In view of the above, the Rule is discharged. Let the lower Court records be sent down at once. Ed. This Case is also Reported in:48 DLR (HCD) (1996) 267. ..Category: Civil Law | Date: | Hits: 132
Md. Abdul Hye and others Vs. State, 2005, 34 CLC (HCD)
.... CDI-H100s Chassis No. AHBH100S-08321, Engine No.HA-04F-5053124-Reg. No. Dhaka Metro-A-06-9752 with blue book bearing Dhaka Metro A-06-9752 CDI Honda whose owner was shown Md. Shamsuddin son of late Chand Miah 84/1/Disytrilary Road, Sutrapur, Dhaka. Thereafter he placed Sirajul Islam and the seized ...... of Corruption Act, 1947 (Act No. II of 1947); section 5(2) To establish the charge under clause (c) of sub-section 5, the prosecution firstly is to prove that the accused had dominion or control over the property which was also entrusted on him and he dishonestly or fraudulently misappropriated......bu Zafor Siddiky alias Akhter who are currently on bail are discharged from their respective bail bond. Send down the LCR at once. Ed. This Case is also Reported in: 15 BLT (HCD) (2007) 403. ..Category: Criminal Law | Date: | Hits: 109
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