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NFM Universeum Estate Ltd. Vs. ANM Obaidul Islam and others, 2004, 33 CLC (HCD)
.... in the name of his father and mother, Exhibit 7 and 7(ka). Similarly, RS khatian Nos. 202 and 225, 7(kha) and 7(ga) were also prepared in the names of his parents. In the RS khatian a road was shown wrongly. Consequently, his father filed two written objections, which were accepted and mistake was ...... Gulshan Begum transferring to each of them 35 decimals and delivered possession. 5. During survey under the State Acquisition and Tenancy Act, 1950, 66 decimals instead of 70 decimals was equally recorded in their names in SA khatian Nos. 197 and 196 respectively. At the time of RS survey, 33 de........................Appellant Vs. ANM Obaidul Islam and others......... Respondents Judgment April 20, 2004. Result: The appeal is dismissed. Lawyers Involved: Khandker Mahbubuddin Ahmed with SM Monir, Advocates ‑ For the Appellant. Hasan Foez Siddique with M Habibullah, A......nt case, in short, is that the suit land along with other land of CS Plot No. 158 originally belonged to one Abdul Kader and the record of rights were finally prepared and published in his name in CS khatian No. 4. Then, by a registered deed of sale Abdul Kader transferred the entire land of said CS..Category: Property Law | Date: | Hits: 85
Sonali Bank Vs. Mahbubul Amin & others, 1989, 18 CLC (HCD)
....ntention of the petitioner is that reading of the decree shows that the interest is to be paid from the date of decree and not from the date of institution of the suit and hence the trial Court acted wrongly in proceeding with Execution Case. The impugned orders show that the Execution Court issue......Execution Case No.791 of 1986 is vacated. The Execution Case will proceed in accordance with law. The records be sent down at once. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 298. ......1 DLR (HCD) (1989) 298. ......Execution Case No.791 of 1986 is vacated. The Execution Case will proceed in accordance with law. The records be sent down at once. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 298. ..Category: Procedural Law | Date: | Hits: 74
M. M. Rafiqul Hyder Vs. The State, 1988, 17 CLC (HCD)
....stoms officials who have arrested the appellant and who are persons in authority as contemplated under the said section 24 of the Evidence Act. The learned Advocate further argued that the Tribunal wrongly relied on that statement without finding that the same is voluntary. He further submits th......he recording of the evidence of P.Ws.5-7 he thought them to be suspicions and the trial Court observed that these witnesses were trying to suppress something. Admittedly the evidence of P.Ws.5-7 were recorded by the trial Court on 18.5.87 when the judge did not note in their evidence anything advers......accused appellant may be returned to him after proper identification. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 274. ......cuments, articles of daily use, clothes etc. belonging to the accused appellant may be returned to him after proper identification. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 274. ..Category: Criminal Law | Date: | Hits: 87
Shamir Ghosh Vs. Government of Bangladesh and others, 2004, 33 CLC (HCD)
....s. Accordingly, the trial Court is directed to dispose of the suit preferably within 3(three) months from the date of receipt of the order, Ed. This Case is also Reported in: 56 DLR (2004) 560. ......on of licence has been made under Rule 22 of the Cinematography Rules, 1972 which runs thus‑ "22. Revocation/suspension of licence.- (1) The Licensing Authority may at any time for reasons to be recorded in writing revoke or suspend a licence granted by it for any breach of these rules or of th......stant Attorney General - For the Opposite Parties. Civil Revision No. 431 of 2003. Judgment Mir Hashmat Ali J. - This Rule under sections 115(1) of the Code of Civil Procedure was issued calling upon the opposite parties to show cause as to why the Judgment and order dated 8‑1‑2003 pass......s. Accordingly, the trial Court is directed to dispose of the suit preferably within 3(three) months from the date of receipt of the order, Ed. This Case is also Reported in: 56 DLR (2004) 560. ..Category: Property Law | Date: | Hits: 62
Basiran Bewa Vs. State, 2004, 33 CLC (HCD)
....titioner complying with the above order of the Sessions Judge are hereby quashed. Communicate the order to the Courts concerned at once. Ed. This Case is also Reported in: 56 DLR (2004) 553. ......gistrate to take cognizance of an offence against any accused. But in the instant case by the impugned order the learned Sessions Judge, reassessing the statements of the witnesses of the complainant recorded in the judicial enquiry, sent back the case to the Magistrate concerned directing him to pa...... Sessions Judge are hereby quashed. Communicate the order to the Courts concerned at once. Ed. This Case is also Reported in: 56 DLR (2004) 553. ......titioner complying with the above order of the Sessions Judge are hereby quashed. Communicate the order to the Courts concerned at once. Ed. This Case is also Reported in: 56 DLR (2004) 553. ..Category: Criminal Law | Date: | Hits: 81
....lots and khatians have been correctly written in all the above three deeds. But in two of the deeds namely, deeds dated 7-6-79 and 2-8-78 owing to the mistake of the deed writer the name of mouza was wrongly written as ‘Baukhola Mouza’ instead of ‘Islamkati Moüza’. It has further been state......Bangladesh. Few other papers documents were exhibited by the P.Ws. showing that Pulin Behari never left for India.
6. P.Ws. 1 has stated in his evidence that Pulin Behari Paul’s name was rightly recorded in the SA Khatian and after purchase the plaintiff has had his name duly mutated in the Gov......
Let the LCR be sent down.
Ed.
This Case is also Reported in: 50 DLR (HCD) (1998) 134....... 2-8-79 and lastly, sold 0.741/2 acre of land to the plaintiff by a registered kabala dated 18-2-80. Thus the plaintiff purchased 1.27 acre of land from Pulin Bihari Paul. It is stated that plots and khatians have been correctly written in all the above three deeds. But in two of the deeds namely, d..
Category: Property Law | Date: | Hits: 56
Nirman International Ltd. Vs. Islam Steel Mills Ltd. and others, 1997, 26 CLC (HCD)
.... learned brother has already discussed and observed very clearly the legal aspect on this point in view of case laws cited before us. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 125. ...... required under the rules, the service cannot be accepted as evidence of due service. And in the absence of an inquiry made by the Court as provided in rule 19 and distinct declaration of due service recorded there is no presumption of service of summons. Presumption of service arises when record sh...... and others……………………Respondents Judgment February 5, 1997. Result: The appeal succeeds. Cases Referred to- Shamsul Huda Vs. Mozammel Huq and others, 27 DLR 256; Unimarine SA Panama Vs. Bangladesh 31 DLR (AD) 112; Md. Insan Ali Vs. Mir Abdus Salam, 1988 BCR (AD) 125; ...... learned brother has already discussed and observed very clearly the legal aspect on this point in view of case laws cited before us. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 125. ..Category: Procedural Law | Date: | Hits: 118
Nurul Islam and others Vs. Khatibuddin Ahmed and others, 2004, 33 CLC (HCD)
....ng of the Samity to adopt those amendments in vain but he is now reprobating the same which is unfair and he cannot do so at the same time. 8. It is contended by him that the Appellate Court below wrongly found that the ad-hoc Committee amended the Constitution in violation of provisions of Artic......accordance with law on the evidence adduced by the parties, if any. Send down the copy of this judgment and order to Courts below at once. Ed. This Case is also Reported in: 56 DLR (2004) 545.......45.......accordance with law on the evidence adduced by the parties, if any. Send down the copy of this judgment and order to Courts below at once. Ed. This Case is also Reported in: 56 DLR (2004) 545...Category: Civil Law | Date: | Hits: 74
AKM Shahidul Hoque Vs. Deputy Commissioner and others, 2003, 32 CLC (HCD)
....l get a decree for 2,43,505 + 3,66,225.81 = Taka 6,09,730.81 with interest at the rate of 10% from the date of the decree till realisation. Ed. This Case is also Reported in: 56 DLR (2004) 538. ......en contract. There must be approval for work. Measurement Book is the final document of work done. The Measurement Book of Mahabubur Rahman was lost. In the measurement book No. 574 pages 1 to 30 was recorded by said Mahabubur Rahman as per specification. Signature of Mahabubur Rahman appeared to be......1973) 1 SCC 639. Lawyers Involved: Md. Abdus Samad Miah with Sontash Kumar Sarker, Advocates ‑ For the Appellant. Humayun Kabir Khadem, Advocate ‑ For the Respondents. Appeal from Original Decree No. 239 of 1995. Judgment Md Abdur Rashid J. - The plaintiff presented the above ......l get a decree for 2,43,505 + 3,66,225.81 = Taka 6,09,730.81 with interest at the rate of 10% from the date of the decree till realisation. Ed. This Case is also Reported in: 56 DLR (2004) 538. ..Category: Civil Law | Date: | Hits: 99
Md. Mosharaf Hossain Sukani Vs. State and another, 2009, 38 CLC (HCD)
....d for. Hence the Rule fails. In the result, the Rule is discharged. Order of stay stands vacated. Send down the LCR at once. Ed. This Case is also Reported in: 16 MLR (HCD) (2011) 35. ......ld not be satisfied from the answer of the said captain. 3. It is further stated that the informant lodged the complaint to the Metropolitan police commissioner, Chittagong on 09.02.2004 which was recorded as GD Entry No.390 at Patenga police station; that the informant got a postal message regar...... the Rule is discharged. Order of stay stands vacated. Send down the LCR at once. Ed. This Case is also Reported in: 16 MLR (HCD) (2011) 35. ......d for. Hence the Rule fails. In the result, the Rule is discharged. Order of stay stands vacated. Send down the LCR at once. Ed. This Case is also Reported in: 16 MLR (HCD) (2011) 35. ..Category: Criminal Law | Date: | Hits: 76
Babul Vs. State, 2002, 31 CLC (HCD)
....and he is acquitted of the same and set at liberty at once if not wanted in any other case. Lower Court's Records be sent down at once. Ed. This Case is also Reported in: 57 DLR (2005) 158. ......peal No.446 of 1999 before High Court Division. In appeal Babul will be described as convict-appellant. 3. Appeal was heard by a Division Bench of High Court Division. Dissenting Judgment had been recorded by learned Two (2) Judges. One learned Judge allowed the appeal and acquitted convict-app......erty at once if not wanted in any other case. Lower Court's Records be sent down at once. Ed. This Case is also Reported in: 57 DLR (2005) 158. ......and he is acquitted of the same and set at liberty at once if not wanted in any other case. Lower Court's Records be sent down at once. Ed. This Case is also Reported in: 57 DLR (2005) 158. ..Category: Criminal Law | Date: | Hits: 84
Abdullah (Md) and others Vs. Majibul Huq and others, 2003, 32 CLC (HCD)
....No. 14 dated 30‑5‑2001 be set aside and the application dated 20‑5‑2001 be allowed. However, there will be no order as to costs. Ed. This Case is also Reported in: 56 DLR (2004) 528. ......nally belonged to three brothers, the predecessors of the petitioners and the contesting defendant opposite parties, the numbers of co-sharers being increased the names of all the co-sharers were not recorded in the khatian. However, the subsequent purchasers instated Title Suit No. 134 of 1958 wher......However, there will be no order as to costs. Ed. This Case is also Reported in: 56 DLR (2004) 528. ......roperty never knew about such Sole decree. The present defendant Nos. 1‑4 recently brought Title Suit No. 30 of 2000 in the Court of Assistant Judge, Feni for partition of the land of the concerned khatian. On receiving the notice of that suit the petitioners came to know about Title Suit No. 134 ..Category: Civil Law | Date: | Hits: 75
Debesh Chandra Bhattacharya and others Vs. Government of Bangladesh and others, 2004, 33 CLC (HCD)
....h the observation that this judgment will have no bearing on the fate of the Partition Suit/Appeal . There will be no order as to costs. Ed. This Case is also Reported in: 56 DLR (2004) 525. ......h the observation that this judgment will have no bearing on the fate of the Partition Suit/Appeal . There will be no order as to costs. Ed. This Case is also Reported in: 56 DLR (2004) 525. ......ng on the fate of the Partition Suit/Appeal . There will be no order as to costs. Ed. This Case is also Reported in: 56 DLR (2004) 525. ......sputed properties as not enemy/vested and since the ex parte decree was maintained up to the Appellate Division the respondents were under the obligation to mutate the names of the petitioners in the khatian. Mr. Md. Abdus Samad Kamal, learned Assistant Attorney General appearing on behalf of resp..Category: Property Law | Date: | Hits: 67
Animal Protection Society Chittagong Vs. Laxman Chadra Das & others, 2003, 32 CLC (HCD)
....he deposit account of the Public Account of the Republic as provided under section 10(2) of the Ordinance. Send down the record at once. Ed. This Case is also Reported in: 56 DLR (2004) 522. ...... registered under the Societies Registration Act, 1860 in 1952‑53. It purchased the land long ago by a registered deed of sale being No. 2558 dated 9‑5-51. The name of the plaintiff was finally recorded both in the PS and BS khatians. The plaintiff society all through possessed the land on pay......................Respondents Judgment October 22, 2003. Result: The appeal is allowed. Lawyers Involved: Subrata Chowdhury, Advocate ‑ For the Appellant. Mahbubay Alam with AM Aminuddin and Samarendra Nath Biswas, Advocates ‑ For Respondent No. 1. Firojur Rohman, Assistant...... Registration Act, 1860 in 1952‑53. It purchased the land long ago by a registered deed of sale being No. 2558 dated 9‑5-51. The name of the plaintiff was finally recorded both in the PS and BS khatians. The plaintiff society all through possessed the land on payment of rents. 10. The plain..Category: Property Law | Date: | Hits: 61
Abdur Rashid Chowdhury Vs. CA Hamid and Co. Ltd. and others, 2005, 34 CLC (HCD)
....he register of members of the company. Respondent No.2, Registrar, is directed to rectify the share register of the company, accordingly. Ed. This Case is also Reported in: 57 DLR (2005) 148. ......owdhury called a meeting of the board on 19‑7‑99 to confirm the minutes of the last board meeting and consider future plan of business of the company. 20. In the minutes of the meeting, it was recorded that the meeting noted under article 53 of the articles of association of the company the p......ondent No.2, Registrar, is directed to rectify the share register of the company, accordingly. Ed. This Case is also Reported in: 57 DLR (2005) 148. ......he register of members of the company. Respondent No.2, Registrar, is directed to rectify the share register of the company, accordingly. Ed. This Case is also Reported in: 57 DLR (2005) 148. ..Category: Company Law | Date: | Hits: 232
....1994 evidenced by Annexure 'H' to the application is declared to have been issued without any lawful authority and is of no legal effect.
Ed.
This Case is also Reported in: 57 DLR (2005) 109.
...... petitioners by by-passing main line had taken electric energy by three separate cables from the bush LT of the transformer after getting the main switch off and consumed electricity which were not recorded in the meter. On calculation they found that 91,200 units of power had been stolen and, as ...... declared to have been issued without any lawful authority and is of no legal effect.
Ed.
This Case is also Reported in: 57 DLR (2005) 109.
......1994 evidenced by Annexure 'H' to the application is declared to have been issued without any lawful authority and is of no legal effect.
Ed.
This Case is also Reported in: 57 DLR (2005) 109.
..
Category: Others | Date: | Hits: 135
Lalit Kumar Roy and 2 others Vs. Krishnapada Biswas & others, 2002, 31 CLC (HCD)
....held. Order of status quo as granted at the time of issue of the Rule on 16-8-99 is recalled and vacated. Send down the records at once. Ed. This Case is also Reported in: 57 DLR (2005) 80. ......along with defendant Nos.1 and 2 inherited the suit land as reversioners in equal share. 4. The suit land was never partitioned by metes and bounds among the co-sharers. S.A. Khatian appears to be recorded in the names of Krishnapada, Lalit and Jhoharmoni only and there was no reason for such wro......rds at once. Ed. This Case is also Reported in: 57 DLR (2005) 80. ......held. Order of status quo as granted at the time of issue of the Rule on 16-8-99 is recalled and vacated. Send down the records at once. Ed. This Case is also Reported in: 57 DLR (2005) 80. ..Category: Property Law | Date: | Hits: 64
Abdur Razzaque (Md) Vs. State, 2003, 32 CLC (HCD)
....ly, accused-appellant Abdur Razzaque is sentenced thereunder to suffer RI for ten (10) years. Send down the lower Court records at once. Ed. This Case is also Reported in: 56 DLR (2004) 510. ......t 10 days after the occurrence. PW Foiz Ali and PW 8 Gias Uddin are formal witnesses. Their evidence is of little evidentiary value and hence needs no collaboration. 14. PW 9 S.I. Rafiqul Islam recorded the first information report of the case on the basis of the statement made by victim Mazed......ced thereunder to suffer RI for ten (10) years. Send down the lower Court records at once. Ed. This Case is also Reported in: 56 DLR (2004) 510. ......ly, accused-appellant Abdur Razzaque is sentenced thereunder to suffer RI for ten (10) years. Send down the lower Court records at once. Ed. This Case is also Reported in: 56 DLR (2004) 510. ..Category: Criminal Law | Date: | Hits: 94
Mehedi Hasan Vs. State, 2011, 40 CLC (HCD)
....tioner is concerned. The accused is released from the bail bond. Stay granted shall stand vacated. Communicate the order at once. Ed. This Case is also Reported in: 16 MLR (HCD) (2011) 361.......scharging the rule. We have heard the learned advocates perused the application filed under section 561A, supplementary affidavit, annexure and the materials on record. The F.I.R. case has been recorded herein before. Admittedly the petitioner is not named in the F.I.R. He has been implicat......d from the bail bond. Stay granted shall stand vacated. Communicate the order at once. Ed. This Case is also Reported in: 16 MLR (HCD) (2011) 361.......tioner is concerned. The accused is released from the bail bond. Stay granted shall stand vacated. Communicate the order at once. Ed. This Case is also Reported in: 16 MLR (HCD) (2011) 361...Category: Administrative Law | Date: | Hits: 173
Noor Alam Vs. Sonali Bank and others, 2011, 40 CLC (HCD)
....m other defendant Nos. 1-2 in accordance with law. Let a copy of this judgment along with lower Court's record be sent down at once. Ed. This Case is also Reported in: 16 MLR (HCD) (2011) 332.......m other defendant Nos. 1-2 in accordance with law. Let a copy of this judgment along with lower Court's record be sent down at once. Ed. This Case is also Reported in: 16 MLR (HCD) (2011) 332.......ivision (Civil Appellate Jurisdiction) Present: Sheikh Abdul Awal J FRM Nazmul Ahasan J Noor Alam …………………Appellant Vs. Sonali Bank and others…………………Plaintiff respondents Judgment January 5, 2011. Result: The appeal is allowed. Case Refe......m other defendant Nos. 1-2 in accordance with law. Let a copy of this judgment along with lower Court's record be sent down at once. Ed. This Case is also Reported in: 16 MLR (HCD) (2011) 332...Category: Procedural Law | Date: | Hits: 107
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