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Jabed Ali Sheikh (Md) and others Vs. Md. Abdus Sobhan Sheikh and others, 2002, 31 CLC (AD)
....point out any legal infirmity in the same. There is, therefore, no merit in this petition and the same is accordingly dismissed. Ed. This Case is also Reported in: 55 DLR (AD) (2003) 64. ......f Civil Procedure, 1908 (V of 1908), Order XXI rule 26 The decree holders should be allowed to enjoy the fruits of the decree and upon filing a subsequent suit further proceeding of the execution case cannot be stayed. When the petitioners were parties in the original suit by filing a subsequent..Category: Property Law | Date: 30 Apr, 2002 | Hits: 121
Abdul Kader Khan Vs. Rajshahi Co-operative Town Society Ltd, 2002, 31 CLC (HCD)
.... Sadar in (Rent Control) Miscellaneous Case No.245 of 1983 is confirmed. Send down the LCR to the Court concerned at once. Ed. This Case is also Reported in: 54 DLR (HCD) (2002) 633. ......works and construction of room No.9 and also for taking proper measures in making repairs and maintenance of latrine and water lines within the reasonable time to be directed by the Court to make the case premises usable and habitable failing which those works will be completed with the cost of the ..Category: Tenancy Law | Date: 29 Apr, 2002 | Hits: 3
Delwar Hossain Vs. Rajiur Rahman Chowdhury and another, 2003, 32 CLC (AD).
.... interference. The criminal petition is dismissed. Ed. This Case is also Reported in: 55 DLR (AD) (2003) 58. ...... Due to inducement the complainant paid money to the accused on the undertaking to repay as and when demanded. The accused issued cheques for repayment which were dishonoured, it is a prima-facie case of deception. Moreover there is no bar to initiate a criminal case if a civil suit is pending ..Category: Criminal Law | Date: 24 Apr, 2002 | Hits: 71
Government of Bangladesh and another Vs. Golam Rabbani and others, 2003, 32 CLC (AD)
..... However, dismissal of the leave petition will not affect the character of the property which will be decided in the suit. Ed. This Case is also Reported in: 55 DLR (AD) (2003) 90. ......gladesh Abandoned Property (Control, Management & Disposal) Order, 1972 (P.O. 16 of 1972), Article 2. The court of settlement has no jurisdiction in deciding the question of abandonment of the case building when a suit challenging the abandoned character of the property is pending in a compet..Category: Property Law | Date: 22 Apr, 2002 | Hits: 107
Abul Kashem & anr. Vs. Govt. of BD and ors., 2004, 33 CLC (AD)
....herefore discharged the Rule. 5. We do not find any illegality or infirmity in the judgment of the High Court Division. The petition is therefore, dismissed. Ed. ...... The government appearing as a litigant with a petition under section 5 of the Limitation Act and it is found that the government has given satisfactory explanation for delay in filing the case where there is substantial public interest involved, there is no wrong in passing the order in..Category: Procedural Law | Date: 13 Apr, 2002 | Hits: 133
Gouri Das and ors. Vs. ABM Hasan Kabir and others, 2003, 32 CLC (AD).
....he plaintiff‑respondent has proved their title by registered kabala executed on 13‑11-1978 for valuable consideration. This kabala has not been disbelieved by the courts below. This hits at the root of the claim by the defendant appellants on the suit land on the basis of long possession sin...... under section 110 would apply if two conditions are satisfied: that the possession of the person claiming long possession is not, prima-facie, wrongful and secondly, the title of the person, in this case the plaintiff-respondent, against whom long possession is claimed is not proved. Plaintiff resp..Category: Tenancy Law | Date: 9 Apr, 2002 | Hits: 148
Ali Ahmed and others Vs. Government of Bangladesh and others, 2002, 31 CLC (AD)
.... 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. ...... 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)
....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. ......; The Enemy Property (Continuance of Emergency Provision) 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) &nbs..Category: Family Law | Date: 1 Apr, 2002 | Hits: 181
Chowdhury Mahmood Hasan and others Vs. Bangladesh and others, 2002, 31 CLC (HCD)
....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. ...... jurisdiction of this Court under the Constitution in an attempt to oblige the respondent Nos. 1, 2 and 3 to perform their public duty under the Constitution and the laws of Bangladesh. 3. Their case is that in 1998, Ministry of Information invited tenders to install and operate a Television Ch..Category: Information Technology Law | Date: 27 Mar, 2002 | Hits: 7
Mahmood Alam (Md.) and another Vs. Moklesur Rahman Bhuiya, 2002, 31 CLC (HCD)
....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. ......ossession in the suit land measuring about 0.092 acre of land comprised of holding No. 269/265 of No. 9 Hatkhola Ward of the Barisal Municipality fully described in the schedule to the plaint. Plaint case, in short, is that the suit land originally belonged to Atul Behari Shaha and others, and in 19..Category: Property Law | Date: 27 Mar, 2002 | Hits: 4
Abul Hussain and others Vs. Afezuddin Mondal and others, 2003, 32 CLC (AD).
.... The appeal is allowed without any order as to cost. Ed. This Case is also Reported in: 55 DLR (AD) (2003) 93. ......4 of 1973, against the appellants and others for declaration of title and confirmation of possession in respect of the suit land. The suit was eventually renumbered as Title Suit No.30 of 1986. Their case was that the suit land is a part of the Beel called “Doha Beel' plaintiffs claim that Jab..Category: Property Law | Date: 18 Mar, 2002 | Hits: 80
Alfazuddin Mollah and ors. Vs. Md. Almas Chokder and anr., 2004, 33 CLC (AD)
....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. ......using on the specific allegation made by the pre-emptor then the matter is required to be ascertained by adducing evidence in the trial court to find out the nature of transaction and to decide the case properly …………. (10) Lawyers Involved: ..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)
....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. ......1998 passed by a Division Bench of the High Court 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 rig..Category: Property Law | Date: 9 Mar, 2002 | Hits: 1202
Abu Taher Bhuiyan Vs. Lal Mohon Mondal and others, 2002, 31 CLC (HCD)
....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. ......5 granting leave to the opposite parties to prosecute the suit on the death of the sole plaintiff. 2. Plaintiff Lal Mohon 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..Category: Property Law | Date: 6 Mar, 2002 | Hits: 56
Shah Newaz Ebne Mostaque & ors. Vs. Shah Alam and others, 2003, 32 CLC (AD).
.... The petition is therefore dismissed. Ed. Same Case Cited in: 55 DLR (AD) (2003) 69. ......bsp; Judgment March 4, 2002. The Limitation Act, 1908 (IX of 1908), Article 181 As the execution case was pending, it was not hit by Article 181 of The Limitation Act and it is the duty of the cou..Category: Procedural Law | Date: 4 Mar, 2002 | Hits: 99
Rabeya Khatun Vs. Md. Saidur Rahman, 2004, 33 CLC (AD)
....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. ......onths which was refused by the petitioner on 5‑6-90 and also for subsequent month. 3. The Assistant Judge and House Rent Controller, Rangpur in Miscellaneous Case No. 90 of 1990 dismissed the case of the plaintiff respondent under section 19(1) of the Premises Rent Control Ordinance, 19631. ..Category: Tenancy Law | Date: 19 Feb, 2002 | Hits: 268
Monzur Alam (Md) Vs. State and another, 2003, 32 CLC (AD).
.... All the three petitions are dismissed. Ed. This Case is also Reported in: 55 DLR (AD) (2003) 62. ......nd if payment is not made within 15 days after receipt of a legal notice. It is a settled law that criminal proceeding can be proceeded independently of the civil suit. Since there is a prima facie case the criminal case cannot be quashed……(5) ..Category: Business or Commercial Law | Date: 13 Feb, 2002 | Hits: 124
Bangladesh and others Vs. Eastern Beverage Industries Ltd. & another, 2004, 33 CLC (AD)
.... 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. ......Involved: AJ Mohammad Ali, Additional Attorney‑General, (Md. Feroz Shah, Assistant Attorney‑General with him) instructed by B Hossain, Advocate‑on‑Record‑For the Appellants (In all the cases). Syed Ishtiaq Ahmed, Senior Advocate and Rafiqueul‑Huq, Senior Advocate instructed b..Category: Fiscal/Taxation Law | Date: 13 Feb, 2002 | Hits: 161
Category: Property Law | Date: 12 Feb, 2002 | Hits: 28
Jaban Ali (Md) Vs. State, 2002, 31 CLC (HCD)
.... 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.......assed by the learned Nari‑o‑Shishu Nirjatan Daman Bishesh Adalat, Dhaka, in Nari‑o‑Shishu Mamla No. 154 of 2000 rejecting the prayer for bail of the accused appellant. 2. The prosecution case, in brief, is that the marriage of Mossamat Sabina Bibi with the accused appellant was solemnis..Category: Women and Children | Date: 10 Feb, 2002 | Hits: 79