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Moti Miah Vs. Ful Miah and others, 2008, 37 CLC (HCD)
.... a suit for recovery of possession under section 9 of the Specific Relief Act in the Court of Senior Assistant Judge, Nasirnager, Brahmanbaria. 3. The case of plaintiff in short, is that, the suit land and other non suit land belonged to one Fazar Ali having 2/3 share and Khatunennese having 1/3 ......ned. Ed. This Case is also Reported in: 62 DLR (HCD) (2010) 447; 13 MLR (HCD) (2008) 279. ......iff instituted a suit for recovery of possession under section 9 of the Specific Relief Act in the Court of Senior Assistant Judge, Nasirnager, Brahmanbaria. 3. The case of plaintiff in short, is that, the suit land and other non suit land belonged to one Fazar Ali having 2/3 share and Khatunenne......p; Vs. Ful Miah and others………………….Opposite Parties Judgment January 3, 2008. Result: The Rule is made absolute. Lawyers Involved: MA Kashem Bhuiyan, Advocate - For the Petitioner. None Appears - For the Opposite Parties. Civil Revision No. 5405 of 2004. ..Category: Property Law | Date: | Hits: 121
Syeda Sajeda Chowdhury Vs. State, 2010, 39 CLC (HCD)
....e Penal Code as the offence is disclosed in the first information report and charge sheet. He further submits that the very prayer of the petitioner to the then Prime Minister stating that she had no land or any apartment in Dhaka City in her name or in the name of other members of her family create......s Judgment March 24, 2010. Result: The rule is made absolute. A Court of law cannot proceed judicially on a bare statement made by such police officer to the effect that a prima facie case under certain penal provision has been proved against the accused persons, without disclosing th......¦â€¦Opposite Parties Judgment March 24, 2010. Result: The rule is made absolute. A Court of law cannot proceed judicially on a bare statement made by such police officer to the effect that a prima facie case under certain penal provision has been proved against the accused persons, wi..........................(12) Cases Referred to- 30 DLR (SC) 58; Abdul Kader Chowdhury Vs. The State, 28 DLR (AD) 38; 1999 BLD (AD) 20; 51 DLR (AD) 159 Lawyers Involved: Rokanuddin Mahmud, Senior Advocate with Mohammad Mutahar Hossain, Advocate - For the Accused-Petitioner. Md. Motahar Hos..Category: Criminal Law | Date: | Hits: 137
Nrependra Nath Saha and anothers Vs. Haripada Saha & another, 2009, 38 CLC (HCD)
....as life of her husband for her as reversionous and the plaintiffs have been possessing the suit plot No.871 as residential home and they have been in possession of the suit plot No.877 as cultivation land and the defendant opposite parties have no possession of the suit land. The defendant opposite ......hers………………………Petitioners Vs. Haripada Saha & another……………………..Opposite Parties Judgment August 5, 2009. Result: The rule is made absolute. Cases Referred to- Md. Sekandar Ali Shaikh Vs. Dilip Kumar, 3 MLR (AD) 69; Abid Ali Vs. Maleka Kha......¦â€¦â€¦..Opposite Parties Judgment August 5, 2009. Result: The rule is made absolute. Cases Referred to- Md. Sekandar Ali Shaikh Vs. Dilip Kumar, 3 MLR (AD) 69; Abid Ali Vs. Maleka Khatoon, 37 DLR 137; Nurun Nabi Mondal Vs. Joynal Abedin Khondker, 29 DLR (AD) 137. Lawyers Involv...... Ali Shaikh Vs. Dilip Kumar, 3 MLR (AD) 69; Abid Ali Vs. Maleka Khatoon, 37 DLR 137; Nurun Nabi Mondal Vs. Joynal Abedin Khondker, 29 DLR (AD) 137. Lawyers Involved: Ibrahim Mollah, Advocate - For the Petitioners. None Appeared - For the Opposite Parties. Civil Revision No. 3060 of 2005...Category: Property Law | Date: | Hits: 83
Wahed Asgar Chowdhury Vs. Judge 2nd Artha Rin Adalat & others, 2010, 39 CLC (HCD)
.... to refer here a decision reported in AIR 1984 at page 209 cited by the learned Advocate for the writ petitioner. In that case a suit was filed for recovery of certain sum on the basis of mortgage of land. A preliminary decree was passed for sale of mortgage property and period was fixed therein for......ble at all. Ed. This Case is also Reported in: 63 DLR (HCD) (2011) 331. ......, Chittagong in Mortgage Suit No.6 of 1988 making the preliminary decree dated 29-8-1991 final, the said decree signed on 23-6-1998 and also the Execution Case No.215 of 2004 started on the basis of that final decree dated 23-6-1998 which is now pending in Artha Rin Adalat No.1 Chittagong. 2. The......spondents Judgment August 24, 2010. Result: The rule is made absolute. Cases Referred to- 46 DLR (AD) 191; AIR 1984 at page 209. Lawyers Involved: Tawhidul Islam, Advocate - For the Petitioner. Writ Petition No.5935 of 2008. Judgment Nazmun Ara Sultana J.- This rule..Category: Civil Law | Date: | Hits: 134
Abu Bakkar Siddique (Md.) and others Vs. Md. Abdur Rab Khandaker & others, 2010, 39 CLC (HCD)
.... the registered sale deed executed in favour of the petitioner by the defendant No.1 is not binding upon opposite party. 3. The case of the plaintiffs stated in the plaint, inter alia, is that the land described in the Schedule of the plaint originally belonged to the plaintiffs and proforma-defe......¦â€¦â€¦â€¦â€¦â€¦â€¦â€¦Petitioner Vs. Md. Abdur Rab Khandaker & others………………………Opposite Parties Judgment March 14, 2010. Result: The Rule is made absolute. Cases Referred to- 3 BLD 258; Mamud Raja Bhuiyan Vs. Md. Lal Miah, 40 DLR 271; SN Gupta & Co V...... 50 DLR (AD) 13; Ouseph Varghese Vs. Joseph Aley, (1969) 2 SCWR 347; Santosh Kumar Chakrabarty Vs. MA Motaleb Hossain, 36 DLR (AD) 248; 5 MLR (AD) 171 = 5 BLC (AD) 97. Lawyers Involved: Nahid Mahatab, Advocate - For the Petitioner. No one appears - For the Opposite Party. Civil Revision ......seph Varghese Vs. Joseph Aley, (1969) 2 SCWR 347; Santosh Kumar Chakrabarty Vs. MA Motaleb Hossain, 36 DLR (AD) 248; 5 MLR (AD) 171 = 5 BLC (AD) 97. Lawyers Involved: Nahid Mahatab, Advocate - For the Petitioner. No one appears - For the Opposite Party. Civil Revision No. 4555 of 1998. ..Category: Property Law | Date: | Hits: 90
Kartic Das Gupta Vs. Election Commission and others, 2011, 40 CLC (HCD)
....n 2006 (XIV) BLT (HCD) 328. Mr. Hoque further goes to submit that the petitioner is a citizen of Bangladesh and as a citizen of the country he has every right as well as interest in every part of the land to secure the electoral roll. In this regard referÂring to Article 7(1) of the constitution he......DLR (HCD) (2011) 313. ......petitioner is a voter of Cox's Bazar MuniciÂpality with voter No.221373362050 and being a perÂmanent citizen of Bangladesh has preferred this application in public interest contending, inter alia, that in exercise of power as conferred in section 7 of the “à¦à§‹à¦Ÿà¦¾à¦° তালিকা আà......mission and others……………………………Respondents Judgment February 15, 2011. Result: Both the Rules are disposed of. Cases Referred to- Abul Kalam Shamsuddin Vs. Anti-Corruption ComÂmission, 14 MLR (AD) 153; Basic Engineering Limited Vs. Bangladesh, 2006 (XIV) BLT (H..Category: Election Law | Date: | Hits: 217
Abul Khair & another Vs. State, 2002, 31 CLC (HCD)
....he offence thereunder. Accused-appellant Imam Hossain Patwari be set at liberty, if not required in any other case. Record be sent down. Ed. This Case is also Reported in: 55 DLR (2003) 437. ......€¦â€¦â€¦â€¦â€¦â€¦â€¦.Appellants Vs. State………………………………………………………..Respondent Judgment December 10, 2002. Result: The Appeal is dismissed. Cases Referred to- Wajear Rahman Moral (Md.) Vs. State, 43 DLR (AD) 25; Amarkumar Thakur and othe...... conviction and sentence dated 17‑11‑1992 by Sessions Judge, Chandpur in Sessions Case No.8 of 89 arising out of Matlab PS Case 1 dated 2‑7‑1988 GR 31/88. 2. Prosecution case briefly, was that deceased Julfu Master being a village Matabbar attended a Salish held at 8‑00 PM on 1‑7‑19....... State………………………………………………………..Respondent Judgment December 10, 2002. Result: The Appeal is dismissed. Cases Referred to- Wajear Rahman Moral (Md.) Vs. State, 43 DLR (AD) 25; Amarkumar Thakur and others Vs. State, 1988 BLD (AD) 101=40 DL..Category: Criminal Law | Date: | Hits: 97
Hasina Khatoon and another Vs. Md. Samsur Rahman and others, 1997, 26 CLC (HCD)
....sore), being Miscellaneous Case No.11 of 1987, stating, inter alia, that the petitioners are co‑sharers to the case jote by inheritance while the pre‑emptees are strangers, who purchased the case land from opposite party Nos.6‑8 by a registered Kabala dated 7‑10‑1984. It has been asserted ......of receipt of this order. Ed. This Case is also Reported in: 49 DLR (HD) (1997) 187. ......ipt of this order. Ed. This Case is also Reported in: 49 DLR (HD) (1997) 187. ...... The Rule is made absolute. Cases Referred to- Abdus Samad and others Vs. Md. Sohrab Ali and others, 33 DLR (AD) 113. Lawyers Involved: HN Nondy with Md. Khurshid Alam Khan, Advocates‑For the Petitioners. Bivash Chandra Biswas, Advocate‑For the Opposite Parties. Civil Revision..Category: Property Law | Date: | Hits: 94
Shahidullah and others Vs. Lutfur Karim and others, 1997, 26 CLC (HCD)
....riefly SR Office, Chatkhil is forged, fraudulent, void and not binding upon the plaintiffs and for its cancellation. 2. Plaintiffs’ case is that, Cherag Ali Pandit the admitted owner of the suit land did never execute the kabala, his signature was forged, the deed was registered by false person......ah and others……………………Petitioner Vs. Lutfur Karim and others……………………Opposite Parties Judgment August 19, 1997. Result: The Rule is made absolute. Cases Referred To- 39 DLR (AD) 223 (Civil Appeal No.113 of 1983); 33 Indian Appeal cases at page 6......defendants calls in question the judgment decree dated 17-7–95 allowing Title Appeal No.88 of 1993 by the learned Subordinate Judge, Noakhali and decreeing Title Suit No.43 of 1991 for declaration that kabala deed No. 3467 executed on 28-6-1947 by Cherag Ali Pandit predecessor-in-interest of the p......karan, AIR 1927 (Nagpur) 260; Basant Singh and others Vs. Brij Raj Saran Singh and others, AIR 1935 (Privy Council) 132. Lawyers Involved: AKM Nazrul Islam with Jabun Nahar Ayesha, Advocates - For the Petitioner. Md. Ozair Farooq, Advocate - For the Opposite Party No.5. Civil Revision No..Category: Procedural Law | Date: | Hits: 103
Hifzur Rahman and 2 others Vs. State, 1995, 24 CLC (HCD)
....plication. The Rule is accordingly discharged. The order of stay passed earlier is hereby vacated. Send down the record at once. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 325. ......d at once. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 325. ......ions Case No.27 of 1994 should not be set aside. The learned Additional Sessions Judge by the said order rejected the petitioners’ prayer for discharging them from the aforesaid case on the ground that no case has been made out against them. It appears that this Rule was issued at the instance of ...... Vs. State, 43 DLR 279; Qazi Fazlullah Vs. State, PLD 1965 Karachi 105; Abdus Sattar Mollah Vs. Crown, 5 DLR (FC) 14. Lawyers Involved: Shawkat Ali Khan with Salma Masud Chowdhury, Advocates - For the Petitioners. Md. Abdur Rouf, Assistant Attorney-General - For the State. Criminal Revis..Category: Criminal Law | Date: | Hits: 102
....nt and order dated 9-3-92 passed by the learned Subordinate Judge, Chandpur in Miscellaneous Case No. 59 of 1990 filed under section 24 of the Non-Agricultural Tenancy Act for pre-emption of the case land.
2. The short fact leading to this appeal is that the respondent as petitioner filed the afo......on
(Civil Appellate Jurisdiction)
Present:
Mahmudul Amin Choudhury J
Gour Gopal Saha J
Khalilur Rahman (Md.) and others......................Appellant
Vs.
Abdur Rahman Bhuiyan alias Zinnat Ali Bhuiyan & others…………………Respondents
Judgment
February 23, 1998.......inate Judge, Chandpur in Miscellaneous Case No. 59 of 1990 filed under section 24 of the Non-Agricultural Tenancy Act for pre-emption of the case land.
2. The short fact leading to this appeal is that the respondent as petitioner filed the aforesaid case for pre-emption stating that his father La......yan & others…………………Respondents
Judgment
February 23, 1998.
Result:
The appeal is dismissed.
Cases Referred to-
Hajee Majar Ullah Sowdagar Vs. Mvi Nurul Haque & ors, 23 DLR 68; Sree Jitendra Nath Howlader Vs. Sree Bisweewar Howlader & ors, 42 DLR 253.
La..
Category: Property Law | Date: | Hits: 113
Samir Ali (Md.) and others Vs. Md. Atiar Rahman Dafadar and others, 1996, 25 CLC (HCD)
....f 1986. 2. Facts necessary for the disposal of the Rule, may briefly be stated as follows: The plaintiffs‑petitioners filed the aforesaid suit for declaration of plaintiff's title to the suit land, described in the schedule to the plaint and for confirmation of possession thereof, together w..............Petitioners Vs. Md. Atiar Rahman Dafadar and others......................Opposite Parties Judgment October 28, 1996. Result: The Rule is discharged. Lawyers Involved: Hasan Foez Siddique with AKM Moniruzzaman and Md. Ruhul Quddus, Advocates– For the Petitioners. ......suit land. 3. Admittedly the suit land originally belonged to one Ebad Ali Sardar who had five sons; the plaintiff and the defendants are all heirs of Ebad Ali Sardar. Plaintiff’s allegation is that said Ebad Ali at the influence of the defendants made three registered deeds of gift which were ................Opposite Parties Judgment October 28, 1996. Result: The Rule is discharged. Lawyers Involved: Hasan Foez Siddique with AKM Moniruzzaman and Md. Ruhul Quddus, Advocates– For the Petitioners. MA Rahim, Advocate-For the Opposite Parties. Civil Revision No.7805 of 199..Category: Property Law | Date: | Hits: 85
Shahriar Rashid Khan and another Vs. Bangladesh, 1997, 26 CLC (HCD)
....d by some army people and such an action of taking away life was not permitted by any law. If any person takes away life of another person, he must be tried in accordance with the existing law of the land. This Indemnity Ordinance of 1975 put restriction on taking any legal proceedings against the k...... This Case is also Reported in: 49 DLR (HD) (1997) 133. ......the petitioner. In this writ petition the validity of the Indemnity (Repeal) Act, 1996, and the institution of Dhanmondi PS Case No.10 (10)/1996 have been challenged. It is stated in the application that the accused Colonel Faruqur Rahman is in custody and the petitioner‑mother tried her best to g......ief Commissioner of Monipur, AIR 1969 (Moni) 84; State of Bombay Vs. Homan Shantolal, AIR 1952 (Bom) 16; Madhavan Pillai Vs. State of Kerala, AIR 1966 (Kera) 212; Chowdhury Mainuddin Vs. Deputy Director, Military Und and Cantonment, AIR 1956 (All.) 684; P. Jinardhana Shetty Vs. Union of India, AIR 1..Category: Criminal Law | Date: | Hits: 202
Ali Azam Vs. Md. Majibullah, 2002, 31 CLC (HCD)
.... relevant facts for the disposal of this Rule, in short, are that the petitioner Ali Azam as plaintiff instituted the instant suit for declaration that the defendant is his benamder in respect of the land as described in the schedule of the plaint. They are full brothers. The plaintiff joined in ser......reby vacated. Send down the LC Records at once. Ed. This Case is also Reported in: 55 DLR (2003) 412. ......ecree dated 14‑1‑1998 passed by Senior Assistant Judge in-Charge, Second Court, Sadar Noakhali, in Title Suit No.69 of 1991. 2. The relevant facts for the disposal of this Rule, in short, are that the petitioner Ali Azam as plaintiff instituted the instant suit for declaration that the defend...... Bhrigurashram Missir and another Vs. Surendra Nath Mitra and another, AIR 1962 (Patna) 204; Joydayal Poddar Vs. Bibi Bajera and others, AIR 1974 SC 171. Lawyers Involved: Sarder Abul Hossain for Shahidul Islam, Advocate—For the Petitioner. Abul Kamal Chowdhury, Advocate—For the Opposi..Category: Property Law | Date: | Hits: 103
Abdul Goni Kha Vs. Md. Abdul Aziz Azizur Rahman and others, 1996, 25 CLC (HCD)
....l in Title Appeal No.103 of 1982 reversing those dated 24‑5‑87 of the Munsif 2nd Court Barisal in Title Suit No.67 of 1976. 2. The plaintiff filed the suit for declaration of title in the suit land stating, inter alia, that Nazar Ali, predecessor of opposite parties No.5‑10 was the owner of.......................................Petitioner Vs. Md. Abdul Aziz Azizur Rahman and ors.................Opposite Parties Judgment August 27, 1996 Result: The Rule is made absolute. Cases Referred to- Abdul Mannan & Ors Vs. Kulada Ranjan Mowali & Ors. 31 DLR (AD) 195; Ban...... 1982 reversing those dated 24‑5‑87 of the Munsif 2nd Court Barisal in Title Suit No.67 of 1976. 2. The plaintiff filed the suit for declaration of title in the suit land stating, inter alia, that Nazar Ali, predecessor of opposite parties No.5‑10 was the owner of 96 decimals of land record......Court Division (Civil Appellate Jurisdiction) Present: Mohammad Fazlul Karim J Abdul Goni Kha.........................................Petitioner Vs. Md. Abdul Aziz Azizur Rahman and ors.................Opposite Parties Judgment August 27, 1996 Result: The Rule is made a..Category: Property Law | Date: | Hits: 114
Amir Hossain Dhali and other Vs. State, 1997, 26 CLC (HCD)
....f going to the house of Moti Chairnian of Demuddya, which it at a distance of one mile from her house. Thereafter in the same morning at about 9‑00 AM the dead body of Abdur Rashid was found in the land of P.W.13 Sabed Ali Dewan, which is at a distance of 150/200 yards from the house of the deceas......n J Amir Hossain Dhali and other...........Appellants Vs. State..........................................Respondents Judgment March 4, 1997. Result: The appeal is discharged. Cases Referred to- Fazlul Haque Vs. State 11 DLR 316; Abdul Mannan and others Vs. State 44 DLR (AD...... thereunder to suffer imprisonment for life and to pay a fine of Taka 5,000.00 each, in default, to suffer rigorous imprisonment for three months more each. 2. The prosecution case, in short, is that on 15‑11‑90 deceased Abdur Rashid Bepari returned home from Demuddya hat after sunset and in......rred to- Fazlul Haque Vs. State 11 DLR 316; Abdul Mannan and others Vs. State 44 DLR (AD) 60. Lawyers Involved: Syed Ziaul Karim with Md. Khurshid Khan and Syeda Maimuna Begum, Advocates‑ For the Appellant. AQ Rashid Ahmed, Assistant Attorney‑General-For the State. Criminal Appeal..Category: Criminal Law | Date: | Hits: 85
....s. 121 to 125 of 1996 with Civil Revision No.369 of 1996.
Judgment
Md. Golam Rabbani J.- All these Rules have been obtained by the Requiring Body against the awards of compensation for acquired lands arising out of six arbitration cases.
2. Government had acquired in accordance with the pro......er
Vs.
Abdus Salam, son of Late Yusub Molla and another & 5 others.........Opposite Parties
Judgment
August 19, 1996.
Result:
The rule is discharged.
Lawyers Involved:
AF Hasan Arif, Advocate‑ For the Petitioners (In all the Civil Revisions).
Abedur Reza Kha, Advocat......nd fixed the compensation at the rate of Taka 32,20,500.00 per acre. Learned Arbitrator took into account the valuation of the acquired land fixed by the Government at Taka 14,41,000.00 per acre and that fixed by him in Arbitration Case No.1635 of 1990 at Taka 50,000.00 per acre and fixed the compen......
This Case is also Reported in: 49 DLR (HD) (1997) 160...
Category: Property Law | Date: | Hits: 84
Nasiruddin (Hazi Md.) Vs. Md. Mozammel Hossain and others, 2010, 39 CLC (HCD)
....rt having jurisdiction. 2. Material facts are that plaintiffs instituted a Title Suit No.50 of 2002 in the Court of Joint District Judge, Dhaka against defendant for declaraÂtion of title in suit land. The trial Court dismissed the suit, against which Title appeal No.522 of 2003 is pending for h...... order at once. Ed. This Case is also Reported in: 63 DLR (HD) (2011) 303. ...... 2008 for transfer of Title appeal No.522 of 2003 from the sixth Court of Additional District Judge to the Court of District Judge or to any other Court having jurisdiction. 2. Material facts are that plaintiffs instituted a Title Suit No.50 of 2002 in the Court of Joint District Judge, Dhaka aga...... Vs. Md. Mozammel Hossain and others………………Opposite Parties Judgment March 9, 2010. Result: The Rule is discharged. Lawyers Involved: Md. Saidur Rahman, Advocate - For the Petitioner. Md. Mamun Kabir, Advocate - For the Opposite Parties. Civil Miscellaneous C..Category: Procedural Law | Date: | Hits: 108
Jahangir Alam and others Vs. State, 2011, 40 CLC (HCD)
....tion case in short is that on 5-7-2008 one Abul Kalam Azad filed an allegation with the Divisional Office of Anti-Corruption ComÂmission of Barisal Division to the effect that due to mutation of his land, he went to the Deputy Assistant Settlement Office Md. Nurul Islam, the accused No.1 who demand...... Vs. State……………………Respondent Judgment February 22, 2011. Result: Both the appeals are allowed. Lawyers Involved: Khandaker Gulzar Hossain with Md. Haroon-or-Rashid with Md. Nazrul Islam, Advocates - For the Appellant. Md. Khurshid Alam Khan, Advocate - Fo......or one month and also sentencing under section 161 of the Penal Code to pay a fine of Taka 5,000 in default to suffer rigorous imprisonment for one month more. 2. The prosecution case in short is that on 5-7-2008 one Abul Kalam Azad filed an allegation with the Divisional Office of Anti-Corruptio......ants Vs. State……………………Respondent Judgment February 22, 2011. Result: Both the appeals are allowed. Lawyers Involved: Khandaker Gulzar Hossain with Md. Haroon-or-Rashid with Md. Nazrul Islam, Advocates - For the Appellant. Md. Khurshid Alam Khan, Advocate ..Category: Criminal Law | Date: | Hits: 142
Insab Ali (Md.) Vs. Magistrate (Abu Zafar) Jessore and others, 2010, 39 CLC (HCD)
.... Kg Soybean oil not shown in the seizure list is hereby declared to have been done without lawful authority and is of no legal effect. Ed. This Case is also Reported in: 63 DLR (HD) (2011) 290. ......For the Respondents. Writ Petition No. 8954 of 2007. Judgment SM Emdadul Hoque J.- This Rule at the instance of the petitioner Md. Insab Ali is directed against the respondents to show cause as to why the seizure dated 24-1-2007 of the petitioner's goods by the respondent No.4 purportedly u......d 370 Kg Palm Oil 185 Kg Soybean oil not shown in the seizure list should not be declared to have been done without lawful authority and is of no legal effect. 2. Brief the facts of the case, are that, the petiÂtioner is a law-abiding citizen of Bangladesh and a bona fide businessman. He is the ...... Court Division (Special Original Jurisdiction) Present: Md. Ashfaqul Islam J SM Emdadul Hoque J Insab Ali (Md.)……………………Petitioner Vs. Magistrate (Abu Zafar) Jessore and others……………………Respondents Judgment August 10, 2010. Result: The ..Category: Criminal Law | Date: | Hits: 94
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