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Gouri Das and ors. Vs. ABM Hasan Kabir and others, 2003, 32 CLC (AD).
....ri Das and ors............... Appellants Vs. ABM Hasan Kabir and others …Respondents Judgement April 9, 2002. Adverse Possession The claim of adverse possession must be specifically claimed in the pleadings, hostile title must be asserted, ad......urt Division is not correct inference. In view of the above, the appeals are dismissed without any order as to cost. Ed. This Case is also Reported in: II ADC (2005) 449, 635. ......ftab Hossain, Advocate‑on‑Record‑For Respondent Nos. 1 and 3. Respondent Nos. 1‑9‑Ex‑parte. Civil Appeal Nos. 13 & 14 of 1996. (From the judgement and order dated 15‑1‑1995 passed by the High Court Division in Civil Revision Nos. 2407 & 7793 o......urt Division is not correct inference. In view of the above, the appeals are dismissed without any order as to cost. Ed. This Case is also Reported in: II ADC (2005) 449, 635. ..Category: Tenancy Law | Date: 9 Apr, 2002 | Hits: 148
Ali Ahmed and others Vs. Government of Bangladesh and others, 2002, 31 CLC (AD)
.... (Civil) Present: Mahmudul Amin Choudhury CJ Md Ruhul Amin J KM Hasan J AS Ahammed J Ali Ahmed and others.......................Petitioners Vs. Government of Bangladesh and others............Respondents Judgment April 8, 2002. Result: The leave peti...... liable to be released even if it remains unutilised by the requiring body. In view of the above, the leave petition is dismissed. Ed. This Case is also Reported in: 55 DLR (AD) (2003) 92. ......rs Involved: Md. Nawab Ali, Advocate‑on‑Record‑For the Petitioners. Not represented‑the Respondents. Civil Petition for Leave to Appeal No. 584 of 2000. (From the judgment and order dated 6‑3‑2000 passed by the High Court Division in Writ Petition No 1383 of 1996). Ju...... liable to be released even if it remains unutilised by the requiring body. In view of the above, the leave petition is dismissed. Ed. This Case is also Reported in: 55 DLR (AD) (2003) 92. ..Category: Property Law | Date: 8 Apr, 2002 | Hits: 84
Aroti Rani Paul Vs. Sudarshan Kumar Paul and others, 2002, 31 CLC (AD)
....on) Ordinance, 1969 (I of 1969), Section 2 With the repeal of Ordinance no 1 of 1969 on 23-03-1974 no vested property case can be started thereafter on the basis of the law already dead………………(14) Case Referred to- Laxmi Kanta Roy ......indings and decisions of the High Court Division and consequently the appeal is allowed without any order as to cost. Ed. This Case is also Reported in: 56 DLR (AD) 73. ......ructed by AKM Shahidul Huq, Advocate‑on‑Record ‑For the Appellant. Ex Parte ‑ the Respondents. Civil Appeal No. 52 of 1998. (From the judgment and order dated 3rd March, 1997 passed by the High Court Division in Civil Revision No. 323 of 1994). &n......indings and decisions of the High Court Division and consequently the appeal is allowed without any order as to cost. Ed. This Case is also Reported in: 56 DLR (AD) 73. ..Category: Family Law | Date: 1 Apr, 2002 | Hits: 181
Chowdhury Mahmood Hasan and others Vs. Bangladesh and others, 2002, 31 CLC (HCD)
....Original Jurisdiction) Present: Md. Hamidul Haque J Nazmun Ara Sultana J Chowdhury Mahmood Hasan and others…………….Petitioners Vs. Bangladesh and others…………………………..........the order for two weeks. Mr. Razzaq opposed the prayer. However, the operation of the order is stayed for ten days. Ed. This Case is also Reported in: 54 DLR (HCD) (2002) 537. ......y permission to ETV Ltd to import wireless telegraph apparatus by the letter dated 29-11-99, that letter was issued by the Frequency and Wireless Board. It is further stated that in the import policy order 1997-2002 is schedule 1 under HS heading No. 6525 it is provided that wireless telegraph appar......the order for two weeks. Mr. Razzaq opposed the prayer. However, the operation of the order is stayed for ten days. Ed. This Case is also Reported in: 54 DLR (HCD) (2002) 537. ..Category: Information Technology Law | Date: 27 Mar, 2002 | Hits: 7
Mahmood Alam (Md.) and another Vs. Moklesur Rahman Bhuiya, 2002, 31 CLC (HCD)
....ip;………Opposite Party Judgment March 27, 2002 Result: The Rule is discharged. Adverse Possession Possession commencing lawfully can transform into an adverse possession and create title by adverse possession. Cases Referred to- Golam Ilahi ......ed judgment and decree affirming those of the trial Court are hereby confirmed. Send down the records at once. Ed. This Case is also Reported in: 54 DLR (HCD) (2002) 523. ......he absolute owner of the property in complete negation of any right or title of the true owner thereof i.e. defendant No. 2, his enjoyment would be solely in assertion of hostile title. "In order to claim title by adverse possession it is incumbent upon a person to prove that he has been i......ed judgment and decree affirming those of the trial Court are hereby confirmed. Send down the records at once. Ed. This Case is also Reported in: 54 DLR (HCD) (2002) 523. ..Category: Property Law | Date: 27 Mar, 2002 | Hits: 4
Abul Hussain and others Vs. Afezuddin Mondal and others, 2003, 32 CLC (AD).
....chan vs. Md Ali Ashraf 42 DLR (AD) 289. Lawyers Involved: Rafique‑ul‑Huq, Senior Advocate, instructed by Sharifuddin Chaklader, Advocate‑on‑Record‑For the Appellants. Fazl...... The appeal is allowed without any order as to cost. Ed. This Case is also Reported in: 55 DLR (AD) (2003) 93. ......nt Nos. 1‑3 Ex‑Parte‑Respondent Nos. 4‑ 7.5. Civil Appeal No. 66 of 1998. (From the judgment and order dated 6 April 1995 passed by the High Court Division in Civil Revision No. 371 of 1991). ...... The appeal is allowed without any order as to cost. Ed. This Case is also Reported in: 55 DLR (AD) (2003) 93. ..Category: Property Law | Date: 18 Mar, 2002 | Hits: 80
Alfazuddin Mollah and ors. Vs. Md. Almas Chokder and anr., 2004, 33 CLC (AD)
...., 1908 (V of 1908), Order VII rule 11 When the nature of transaction whether it is an out and out sale or a deed of exchange becomes doubtful or confusing on the specific allegation made by the pre-emptor then the matter is required to be ascertained by adducing evidence in the tri......t Division. In the result, the appeal is allowed and the learned Assistant Judge is directed to proceed with the pre‑emption proceeding in accordance with law. Ed. ......dvocate‑on‑ Record‑For the Appellants. Azra Ali, Advocate‑on‑Record‑For the Respondents. Civil Appeal No. 51 of 1998. (From the Judgment and order dated 11‑4‑1998 passed by the High Court Division in Civil Revision No. 481 of 199......t Division. In the result, the appeal is allowed and the learned Assistant Judge is directed to proceed with the pre‑emption proceeding in accordance with law. Ed. ..Category: Property Law | Date: 16 Mar, 2002 | Hits: 95
Raj Unnayan Kartripakshya (RAJUK), Dhk. & ors. Vs. Water Front Apt. Ltd. and ors., 2004, 33 CLC (AD)
....ourt Division in Writ Petition No. 2280 of 1998 making the Rule absolute. 2. The facts, in short, are that the respondents purchased the case land in December, 1974 by three kabalas and had their names duty recorded in the records of right. The respondents claim that since then they hav......nsel for the petitioners. We find no illegality is committed in the judgment of the High Court Division calling for our interference. Therefore, the leave petition is dismissed. Ed. ...... Senior Advocate, instructed by, Mvi. Md Wahidullah, Advocate‑on‑Record‑For the Respondents. Civil Petition for Leave to Appeal No. 301 of 1999. (From the judgment and order dated 22‑91998 passed by a Division Bench of the High Court Division in Writ Petiti......nsel for the petitioners. We find no illegality is committed in the judgment of the High Court Division calling for our interference. Therefore, the leave petition is dismissed. Ed. ..Category: Property Law | Date: 9 Mar, 2002 | Hits: 1202
Abu Taher Bhuiyan Vs. Lal Mohon Mondal and others, 2002, 31 CLC (HCD)
....Mondal instituted the suit for cancellation of the deed in question. His case is that he was the owner of the suit land and the record of right was also prepared in his name. He was a simple man and had no idea about worldly affairs and taking advantage of such situation, his nephew Nagendra Chandra......he result, the Rule is discharged without any order as to costs. The stay order granted earlier by this Court is hereby vacated. Ed. This Case is also Reported in: 54 DLR (2002) 604. ......ash;For the Petitioner. Ibrahim Khalil Miah, Advocate—For Opposite Parties No. 1-5. Civil Revision No. 5515 of 2000. Judgment SK Sinha J. - This Rule is directed against the order dated 4-9-2000 of the learned Senior Assistant Judge, 6th Court, Dhaka in Title Suit No. 109 o......he result, the Rule is discharged without any order as to costs. The stay order granted earlier by this Court is hereby vacated. Ed. This Case is also Reported in: 54 DLR (2002) 604. ..Category: Property Law | Date: 6 Mar, 2002 | Hits: 56
Shah Newaz Ebne Mostaque & ors. Vs. Shah Alam and others, 2003, 32 CLC (AD).
....gle Judge of the High Court Division in Civil Revision No. 2849 of 1992 making the Rule absolute and setting aside the Order No. 24 dated 26‑10‑1992 passed by the Senior Assistant Judge, Sadar Cox's Bazar in other Execution Case No. 70 of 1964 allowing an application under section 15 1 o...... The petition is therefore dismissed. Ed. Same Case Cited in: 55 DLR (AD) (2003) 69. ......bstituted in Execution Case No. 70 of 1992. The heirs of decree‑holder filed an application for proceeding with the execution case and the Assistant Judge, Cox's Bazar allowed the prayer by his order dated 27‑5‑1992 and fixed 3‑6‑1992 for taking necessary steps in the c...... The petition is therefore dismissed. Ed. Same Case Cited in: 55 DLR (AD) (2003) 69. ..Category: Procedural Law | Date: 4 Mar, 2002 | Hits: 99
Rabeya Khatun Vs. Md. Saidur Rahman, 2004, 33 CLC (AD)
....e Assistant Judge. 4. The plaintiff‑respondent then took the matter to the High Court Division in Civil Revision No. 3552 of 1995. The High Court Division found that the plaintiff‑respondent had sent the rent for the month of January to June, 1990 in lump by postal money order. The same was ......iting the rent within 15 days of refusal of the rent by the landlord. 5. We do not find any illegality in the judgment of the High Court Division. The petition is therefore dismissed. Ed. ......monthly tenant in the suit premises under the defendant‑petitioner. The petitioner having refused the rent he remitted the rent for the month from September, 1987 to June, 1989 through postal money order which was accepted by the petitioner. Thereafter, he sent the rent by postal money order which......iting the rent within 15 days of refusal of the rent by the landlord. 5. We do not find any illegality in the judgment of the High Court Division. The petition is therefore dismissed. Ed. ..Category: Tenancy Law | Date: 19 Feb, 2002 | Hits: 268
Monzur Alam (Md) Vs. State and another, 2003, 32 CLC (AD).
....riminal Procedure, 1898 (V of 1898), Section 561A Under section 138 of the Negotiable Instruments Act an offence is committed if a cheque is dishonoured and if payment is not made within 15 days after receipt of a legal notice. It is a settled law that criminal proceeding ca...... All the three petitions are dismissed. Ed. This Case is also Reported in: 55 DLR (AD) (2003) 62. ......bsp; Not Represented-Respondent No. 1 (In all the cases) Criminal Petition for Leave to Appeal Nos. 165-167 of 2001. (From judgements and orders dated 8-8-2001 passed by the High Court Division in Criminal Miscellaneous Case Nos. 7753, ...... All the three petitions are dismissed. Ed. This Case is also Reported in: 55 DLR (AD) (2003) 62. ..Category: Business or Commercial Law | Date: 13 Feb, 2002 | Hits: 124
Bangladesh and others Vs. Eastern Beverage Industries Ltd. & another, 2004, 33 CLC (AD)
....ted in: 56 DLR (AD) (1997) 153. ...... appeals are allowed setting aside the impugned judgment and order of the High Court Division without any order as to costs. Ed. This Case is also Reported in: 56 DLR (AD) (1997) 153. ......afiqueul‑Huq, Senior Advocate instructed by Md. Wahidullah, Advocate‑on‑Record ‑ For the Respondents (In all the cases) Civil Appeal Nos.142‑148 of 2000. (From the judgment and order dated 22nd August 1994 passed by the High Court Division in Writ Petition Nos. 728, 802, 803 &...... appeals are allowed setting aside the impugned judgment and order of the High Court Division without any order as to costs. Ed. This Case is also Reported in: 56 DLR (AD) (1997) 153. ..Category: Fiscal/Taxation Law | Date: 13 Feb, 2002 | Hits: 161
....s.
Secretary, Ministry of Housing and Public Works and others….…………….Respondents
Judgment
February 12, 2002.
Result:
The Rule is made absolute.
Case Referred To-
Jabed Ali vs. Abu Sheikh, being dead his heirs Md. Naimudd...... yds of land and 2 storied building standing thereon within 2(two) months from the date of receipt of the copy of this judgment
Ed.
This Case is also Reported in: 54 DLR (HCD) (2002) 451.
......rs.
Nusrat Jahan, Assistant Attorney-General — For the Respondents.
Writ Petition No. 4101 of 1999.
Judgment
Md. Abdul Matin J.-The petitioner in this Rule has challenged an order being No. AP47/66/4392/Kashar dated 29-6-1998 passed by and under the signature of Assistant C...... yds of land and 2 storied building standing thereon within 2(two) months from the date of receipt of the copy of this judgment
Ed.
This Case is also Reported in: 54 DLR (HCD) (2002) 451.
..
Category: Property Law | Date: 12 Feb, 2002 | Hits: 28
Jaban Ali (Md) Vs. State, 2002, 31 CLC (HCD)
.... Md. Shamsul Huda J Jaban Ali (Md) .........Accused Appellant Vs. State......................Respondent Judgment February 10, 2002. Lawyers Involved: Golam Arshad, Advocate-For the Appellant. ABM Waliur Rahman Khan, Assistant Attorney General with Md. J...... any other case. The trial Court is at liberty to cancel the bail in case of any misuse of the privilege of bail by the accused appellant. Ed. This Case is also Reported in: 56 DLR (2004) 89.......stant Attorney-General-For the Respondent. Criminal Appeal No. 3917 of 2001. Judgment Muzammel Hossain J.- This appeal at the instance of appellant Md. Jaban Ali is directed against an order dated 19‑9‑2001 passed by the learned Nari‑o‑Shishu Nirjatan Daman Bishesh Adalat, Dha...... any other case. The trial Court is at liberty to cancel the bail in case of any misuse of the privilege of bail by the accused appellant. Ed. This Case is also Reported in: 56 DLR (2004) 89...Category: Women and Children | Date: 10 Feb, 2002 | Hits: 79
Hazrat Khan @ Hazrat Ali Khan Vs. State, 2002, 31 CLC (HCD)
....ul Haque purchased the mortgaged land in the month of Chaitra, 1390 BS from mortgagee Moklesur Rahman, who paid the mortgage money to accused Maruf Khan. Consequently, accused Maruf Khan became a bargader under Moklesur Rahman in respect of the standing irri crops in the case land. It was agreed bet......t accused-appellant Hazrat Ali Khan @ Hazrat Khan be released from custody forthwith if not wanted in connection with any other case. Ed. This Case is also Reported in: 54 DLR (2002) 636. ......llant. Sk Rezaul Karim, Assistant Attorney-General — For the State. Criminal Appeal No. 773 of 1987. Judgment Gour Gopal Saha J. - This appeal arises out of the judgment and order dated 24-6-87 passed by the Additional Sessions Judge, Netrokona in Sessions Case No. 224 of 1......t accused-appellant Hazrat Ali Khan @ Hazrat Khan be released from custody forthwith if not wanted in connection with any other case. Ed. This Case is also Reported in: 54 DLR (2002) 636. ..Category: Criminal Law | Date: 6 Feb, 2002 | Hits: 29
Mozibul Huq Vs. Chairman, 1st Labour Court and others, 2003, 32 CLC (AD).
.... and conditions of his service…………………………(4) Lawyers Involved: Mustafa Niaz Muhammad, Advocate, instructed by Md. Sharif Uddin Chaklader. Advocate‑on‑Record‑For the......Division. The leave petition is dismissed. Ed. This Case is also Reported in: 55 DLR (AD) (2003) 91. ......‑For the Petitioner. Not represented‑Respondents. Civil Petition for Leave to Appeal No. 708 of 1999. (From the judgment and order dated 7‑3‑1999 passed by the High Court Division in Writ Petition No. 738 of 1999)......Division. The leave petition is dismissed. Ed. This Case is also Reported in: 55 DLR (AD) (2003) 91. ..Category: Administrative Law | Date: 6 Feb, 2002 | Hits: 123
State Vs. Abdus Samad @ Samad Ali, 2002, 31 CLC (HCD)
....ppellate Jurisdiction) Present: Md. Joynul Abedin J Sheikh Rezowan Ali J State……………..........................Petitioner Vs. Abdus Samad @ Samad Ali……………......Condemned Prisoner Judgment F......f the matter, the Reference is rejected and the connected jail appeal is dismissed with the modification of sentence as stated above. Ed. This Case is also Reported in: 54 DLR (2002) 590. ......ns Judge hereupon allowed the prayer and directed the Medical Officer, Mymensingh Jail, to submit a report by 12-7-1993 regarding the mental condition of the condemned prisoner and a copy of the said order was also sent to the Medical Officer, Mymensingh Jail. Thereafter several dates were fixed but......f the matter, the Reference is rejected and the connected jail appeal is dismissed with the modification of sentence as stated above. Ed. This Case is also Reported in: 54 DLR (2002) 590. ..Category: Criminal Law | Date: 2 Feb, 2002 | Hits: 115
M. Saleemullah Vs. State, 2002, 31 CLC (AD)
....vision in Criminal Appeal No. 15 of 1989). Judgment Mainur Reza Chowdhury J.- This application is made to review the judgment and order passed by this Division dismissing the Criminal Appeal No.15 of...... unconditional apology and exonerating him from the charge of contempt of Court. The judgment and order passed by this Division on 23-7-1992 in Criminal Appeal No. 15 of 1989 is set aside. Ed. ......itioner exonerated. The petitioner was found guilty by the High Court Division and pronounced judgement of sentence against which appeal was preferred and the Honourable Appellate Division passed the order of exoneration. Lawyer Involved: Ozair Farooq, Senior Advocate (MI Farooqui, Advocat...... unconditional apology and exonerating him from the charge of contempt of Court. The judgment and order passed by this Division on 23-7-1992 in Criminal Appeal No. 15 of 1989 is set aside. Ed. ..Category: Contempt of Court Law, Criminal Law | Date: 29 Jan, 2002 | Hits: 77
Abdul Rashid Vs. Santi Bhusan Deb and others, 2003, 32 CLC (AD).
....the parties invoking jurisdiction under section 152 (CPC) or review on specific grounds under Order XLVII rule I of The Code of Civil Procedure giving notice to the parties to cause any alteration, addition and modification in the judgment…………………&h...... This petition is dismissed. Ed. This Case is also Reported in: 55 DLR (AD) (2003) 86. ...... Not represented‑Respondent Nos. 2‑5. Civil Petition for Leave to Appeal No. 1722 of 2001. (From the judgment add order dated 31 at May 2001 passed by the High Court Division In Civil Revision No. 4415 of 1997). ...... This petition is dismissed. Ed. This Case is also Reported in: 55 DLR (AD) (2003) 86. ..Category: Property Law | Date: 26 Jan, 2002 | Hits: 100
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