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Kalim Mollah @ Siddique and others Vs. State, 2011, 40 CLC (HCD)
....enlarged on bail. 5. The learned Assistant Attorney General appearing for the opposite party although opposes the rule but considering the improvement of the case found it difficult to oppose the prayer for bail. 6. Heard the learned advocate of both the sides and perused the FIR, other docum......7 of 2001 arising out Mollahar Hat P.S. Case No.08 dated 24.9.2001 under section 120(ka)/302/324/326/307/34 of the Penal Code read with section 3/4/5(ka) of the Explosive Substance Act, now pending before the Court of Chief Judicial Magistrate, Begerhat. 2. Prosecution case in short, inter alia, ......ty to cancel the bail, if the accused petitioners misuse in any way the privilege of bail. Communicate the order at once. AKM Zahirul Hoque J.- I agree. Ed. This Case is also Reported in: ......ty to cancel the bail, if the accused petitioners misuse in any way the privilege of bail. Communicate the order at once. AKM Zahirul Hoque J.- I agree. Ed. This Case is also Reported in: ..Category: Criminal Law | Date: | Hits: 80
Rajdhani Unnayan Kartipakkhya and others Vs. Dr. AK Shamsul Islam & others, 2003, 32 CLC (AD)
....er the possession of the land earmarked for the mosque along with the plan thereof by forming a committee known as "Baitul Aman Masjid Committee" and a temporary tin-shed Mosque was raised for Friday prayer in the earmarked land and many representations were made to the said petitioner No.1 for co......1 (In both the Petitions) Not Represented- Respondents Nos.2-6 (In Civil Petition No. 476 of 2000) Not Represented- Respondents Nos. 2-18 (In Civil Petition No. 1371 of 1999.) Civil Petition for Leave to Appeal No. 476 of 2000 with Civil Petition for Leave to Appeal No.1371 of 1999.......o barred by 226 and 107 days respectively and the explanation for delay are far from satisfactory. These petitions are dismissed. Ed. This Case is also Reported in: 63 DLR (AD) (2011) 129. ......o barred by 226 and 107 days respectively and the explanation for delay are far from satisfactory. These petitions are dismissed. Ed. This Case is also Reported in: 63 DLR (AD) (2011) 129. ..Category: Property Law | Date: | Hits: 92
Bangladesh Vs. Anisur Rahman and another, 2011, 40 CLC (AD)
....o.43 dated 29.3.1995. Thereafter M/S. L. Mallik and Company filed another Title Suit being No.212 of 1995 in the court of the learned Assistant Judge, 2nd Court, Dhaka for permanent injunction with a prayer Contemporary injunction in respect of selfsame 1 bigha of land of plot No.246 of Tejgaon Indu......ate-on-Record-For the Petitioners. Fida M. Kamal, Senior Advocate instructed by Md. Zahirul Islam, Advocate-on-Record-For Respondent No.1. Not represented-Respondent No.2. Civil Petition for Leave to Appeal No.234 of 2010. (From the judgment and order dated 04.08.2009 passed by the H......it the concise statement within 25th April, 2011 and 1 (one) week thereafter the respondent shall file the concise statement positively. Ed. This Case is also Reported in: VIII ADC (2011) 383. ......it the concise statement within 25th April, 2011 and 1 (one) week thereafter the respondent shall file the concise statement positively. Ed. This Case is also Reported in: VIII ADC (2011) 383. ..Category: Property Law | Date: | Hits: 85
Abdus Salam Vs. Hafez Ahmed and others, 2011, 40 CLC (AD)
....entary evidence at all. 8. The learned Counsel for the petitioners has stated that the plaintiffs, in their plaint, categorically stated and made out a case of adverse possession also and in the prayer portion of the plaint also they prayed for declaration of their title in the suit property ......-For the Petitioners. Abdul Wadud Bhuiyan, Senior Advocate instructed by Giasuddin Ahmed, Advocate-on-Record-For Respondent Nos.1-19. Not represented-Respondent Nos. 20-75. Civil Petition for Leave to Appeal No. 491 of 2009. (From the judgment and order dated 15.12.2008 passed by the ......h. Preparation of paper book is dispensed vim as prayed for. Parties are directed to maintain status-quo till disposal of the appeal. Ed. This Case is also Reported in: VIII ADC (2011) 370.......h. Preparation of paper book is dispensed vim as prayed for. Parties are directed to maintain status-quo till disposal of the appeal. Ed. This Case is also Reported in: VIII ADC (2011) 370...Category: Property Law | Date: | Hits: 77
Chairman, BCIC Vs. Anis U Ahmed Tussan, 2011, 40 CLC (AD)
....uch, this appointment was not illegal. It has already been mentioned that after appointment of the sole arbitrator this present petitioner did not raise any objection though he had scope for making a prayer in the Court for setting aside the appointment of the sole arbitrator as per above quoted p......Record—For the Petitioner. Azizul Hnque, Advocate instructed by Md. Aftab Hossain, Advocate-on-Record—For the Respondent No.1. Not Represented—For the Respondent No.2-3. Civil Petition for Leave to Appeal No. 1686 of 2009. (From the judgment and order dated 18-5-2009 passed by the ......Court Division rightly dismissed the appeal. In the circumstances this petition for leave to appeal is dismissed. Ed. This Case is also Reported in: 16 BLC (AD) (2011) 93, IX ADC (2012) 181. ......Court Division rightly dismissed the appeal. In the circumstances this petition for leave to appeal is dismissed. Ed. This Case is also Reported in: 16 BLC (AD) (2011) 93, IX ADC (2012) 181. ..Category: Alternative Dispute Resolution | Date: | Hits: 182
Zakir Hossain and another Vs. Md. Yousuf Kabir and another, 2011, 40 CLC (AD)
....the defendants went to take possession of the suit property through Court, the plaintiffs resisted and the bailiff of the Court returned the 'writ of delivery' without executing the same with the prayer for police help. Meanwhile, the plaintiffs filed Title Suit No.329 of 1980 in the Court of As......ed by M. G. Bhuiyan, Advocate-on-Record-For the Respondent. Civil Review Petition No.90 of 2010. (From the judgment and order dated 6.5.2010 passed by the Appellate Division in Civil Petition for leave to appeal No.1359 of 2009). Order Syed Mahmud Hossain J.- This application for rev...... of the court of Joint District Judge, 2nd Court, Dhaka both arising out of Title Suit No.59 of 1994 be stayed till disposal of the appeal. Ed. This Case is also Reported in: VIII ADC (2011) 344....... of the court of Joint District Judge, 2nd Court, Dhaka both arising out of Title Suit No.59 of 1994 be stayed till disposal of the appeal. Ed. This Case is also Reported in: VIII ADC (2011) 344...Category: Property Law | Date: | Hits: 72
Alauddin (Md.) and others Vs. Yusuf Ali and another, 1993, 22 CLC (HCD)
....e judgment and order dated 10.8.87 passed by Mr. Md. Sirajul Islam, Subordinate Judge, Habigonj and the judgment and order dated 24.4.85 passed by Mr. MH Khan the learned Munsif are set aside and the prayer for temporary injunction is rejected. In the result the Rule is made absolutely without an......……………….Opposite Parties Judgment April 7, 1993. Cases Referred To- Serajul Islam Vs. Mizanur Rahman, 29 DLR (SC) 82. Lawyers Involved: Mihir Kanti Mazumder, Advocate- for the petitioners. SK Sinha, Advocate- for the opposite party. Civil Revision No.1003 of 199......njunction is rejected. In the result the Rule is made absolutely without any order as to costs. Communicate this order at once. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 328. ......njunction is rejected. In the result the Rule is made absolutely without any order as to costs. Communicate this order at once. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 328. ..Category: Property Law | Date: | Hits: 101
Chand Miah Talukder Vs. Chairman, Court of Settlement, 1993, 22 CLC (HCD)
....quiry as it may deem necessary and alter giving reasonable opportunity to the parties concerned of being heard and also adducing evidence, both oral and documentary, if any, make such decision on the prayer of the applicant as it deems fit." 7. It appears from the impugned order as quoted above t......s application under Article 102 of the Constitution the petitioner Chand Miah Talukder challenges the order dated 11.2.88 passed by the Court of Settlement in Case No.1006 of 1987 dismissing the case for default on the ground of non‑appearance of the petitioner at the time of hearing of the case. ......bove after giving reasonable opportunity to the parties concerned of being heard and also adducing evidence, both oral and documentary. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 304.......bove after giving reasonable opportunity to the parties concerned of being heard and also adducing evidence, both oral and documentary. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 304...Category: Procedural Law | Date: | Hits: 59
Buddhi Sankar Biswas Vs. Akbar Ali Sheikh, 1991, 20 CLC (HCD)
....on, there is no scope for reviewing the judgment once delivered by me on merit, particularly when the higher forum was open for the aggrieved party.1, therefore, find no justification in allowing the prayer of the petitioner (opposite party in the revision) and opening the gate for rehearing of the ......r. Abdul Huq, Advocate ‑ For the Opposite Party. Civil Revision No.1181 of 1980. Judgment Habibur Rahman Khan J.- This is an application under section 151 of the Code of Civil Procedure for rehearing of the Civil Revision Case No.1181 of 1980 which was disposed on 9.8.90 on merit by th......de of Civil Procedure for rehearing of the Civil Revision Case No.1181 of 1980 is hereby rejected without any order as to costs. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 242. ......de of Civil Procedure for rehearing of the Civil Revision Case No.1181 of 1980 is hereby rejected without any order as to costs. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 242. ..Category: Property Law | Date: | Hits: 90
Barrister Mainul Hosein Vs. Md. Ali Hossain and another, 2010, 39 CLC (HCD)
....g letter, but the latter did not receive his joining letter and allow him to join his service. The complainant then sent his joining letter by registered post on 5-12-1993 to the petitioner with a prayer to accept his joining letter and allow his to join his post. But the petitioner did not all......r order or orders passed as this Court may seem fit and proper. 2. By the Rule issuing order dated 23-7-1995, all further proceedings of the said case were stayed. 3. The relevant facts found for disposal of the Rule are that the opposite party No.1 Md. Ali Hosein as complainant filed the a......the case in accordance with law. Send a copy of this judgment and order to the Court concerned for information and necessary action. Ed. This Case is also Reported in: 62 DLR (HCD) (2010) 38.......the case in accordance with law. Send a copy of this judgment and order to the Court concerned for information and necessary action. Ed. This Case is also Reported in: 62 DLR (HCD) (2010) 38...Category: Labour and Industrial Law | Date: | Hits: 147
Mahabub Alam Faruq (Md.) and another Vs. Bangladesh, 2009, 38 CLC (HCD)
....tioner No.1which is evident from Annexure-F and F(1). The property was recorded in the filed khatian in the name of Md. Khairul Huda which is evident from Annexure A. Thereafter the petitioner made a prayer before the ADC Revenue for accepting rent from them but in vain and, as such, by serving a no......respondents as to why they should not be directed to mutate the names of the petitioners in the records of right by opening a separate Khatian in their names and to receive rents from the petitioners for .06 (point Zero Six) acres of land of CS khatian No.71 CS Plot No.971 SA plot No.274A Hal plot N......nts are further directed to inform this Court about the compliance thereof within 45 days from the date of the receipt of this judgment. Ed. This Case is also Reported in: 62 DLR (HCD) (2010) 31.......nts are further directed to inform this Court about the compliance thereof within 45 days from the date of the receipt of this judgment. Ed. This Case is also Reported in: 62 DLR (HCD) (2010) 31...Category: Property Law | Date: | Hits: 69
....eals and directed recording of the name of the petitioner as the sole tenant of the RS Khatian No.1600. The copy of this judgment and order is at annexure L to the writ petition, Subsequently, on the prayer of some of the respondents the Director of Land Records, Respondent No.1, directed the Settle......two CS Khatians were recorded in the name of the tenant Sharafatullah under the landlord Bhowal Raj Estate.
3. Petitioners' case is that the said landlord got a rent decree against the said tenant for arrear of rents in respect of CS Khatian No. 330, put the decree in execution and auction purcha......n the result, we find no substance in this writ petition. The rule is accordingly discharged, butt them will be no order as to costs.
Ed.
This Case is also Reported in: 45 DLR (HCD) (1993) 289.
......n the result, we find no substance in this writ petition. The rule is accordingly discharged, butt them will be no order as to costs.
Ed.
This Case is also Reported in: 45 DLR (HCD) (1993) 289.
..
Category: Property Law | Date: | Hits: 125
State Vs. Giasuddin and 5 others, 1990, 19 CLC (HCD)
....k some time after and informed them that the accused persons did not allow them to go near their house and out of fear of gunshot, they did not dare to enter into the house of Matbar Ali. After Johar prayer the OC came to the place of occurrence and Abdul Mannan, the informant, lodged the First Info......dul Kasem, Keyamuddin, Kalazi, Sona Mia, Yakub Ali, Elim, Sabur, Nurul Islam @ Nur Islam, Seraj son of Matbar Ali, Abdul Huq, Alfaz, Hamid, Malik and Majid along with others were placed under trial before the Additional Sessions Judge, Kishoreganj in Sessions Case No.21 of 1987 and have been found g......r Jail Code as the conviction of death sentence is altered to that of under section 304‑Part‑1 from sections 302/149 of Penal Code. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 267.......r Jail Code as the conviction of death sentence is altered to that of under section 304‑Part‑1 from sections 302/149 of Penal Code. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 267...Category: Criminal Law | Date: | Hits: 111
....l No.38 of 1990 allowing the appeal granting temporary injunction reversing those dated 08.03.1990 passed by the Senior Assistant Judge, Sadar, Sylhet in Title Suit No.241 of 1989 refusing plaintiffs prayer for temporary injunction.
2. The facts involved in case, in short, are that the plaintif...... of 1990 allowing the appeal granting temporary injunction reversing those dated 08.03.1990 passed by the Senior Assistant Judge, Sadar, Sylhet in Title Suit No.241 of 1989 refusing plaintiffs prayer for temporary injunction.
2. The facts involved in case, in short, are that the plaintiff, Abdu......rder of Trial Court is liable to be restored and accordingly restored.
Accordingly, the appeal is allowed without any order as to costs.
Ed.
This Case is also Reported in: VIII ADC (2011) 302.......rder of Trial Court is liable to be restored and accordingly restored.
Accordingly, the appeal is allowed without any order as to costs.
Ed.
This Case is also Reported in: VIII ADC (2011) 302...
Category: Property Law | Date: | Hits: 65
Md. Farid Hossain and others Vs. Md. Abul Hossain and another, 2009, 38 CLC (AD)
.... No.6, mother of the plaintiff who did not contest the suit filing written statement sought to be transposed from the category of defendant to plaintiff in order to proceed with the suit and the said prayer was allowed on revisional case in Civil Revision No. 407 of 1991 making the Rule absolute. Ad...... that in fact the plaintiff did never execute any such deeds of gift and both the deeds of gift were created by the defendants in collusion with each other and as such, the plaintiff filed the suit for cancellation of both the deeds of gift. 3. The defendant Nos.1 and 8 appearing filed two sepa...... different and distinguishable which has no manner of application. Accordingly, the appeal is allowed without any order as to costs. Ed. This Case is also Reported in: VIII ADC (2011) 297. ...... different and distinguishable which has no manner of application. Accordingly, the appeal is allowed without any order as to costs. Ed. This Case is also Reported in: VIII ADC (2011) 297. ..Category: Property Law | Date: | Hits: 65
.... from IPDC as per agreement the matter shall be referred to arbitrator. It accordingly held that the learned Judge of Artha Rin Adalat concerned committed no illegality in rejecting the appellant’s prayer for stay of the proceedings of Artha Rin Suit as per Section 10 of the Arbitration Act, 2001.......rt, are that on 9th October, 2000, the appellant entered into a share purchase agreement with the respondent No.2 whereby the respondent No.2 agreed to purchase 10,00,000.00 shares from the appellant for a price of TK. 10,000,000.00. On the same date, the parties entered into a buy-back agreement wh......ivision, we do not find any merit in the appeals of the appellant and accordingly the appeal is dismissed without any order as to cost.
Ed.
This Case is also Reported in: VIII ADC (2011) 240.
......ivision, we do not find any merit in the appeals of the appellant and accordingly the appeal is dismissed without any order as to cost.
Ed.
This Case is also Reported in: VIII ADC (2011) 240.
..
Category: Civil Law | Date: | Hits: 78
Badsha (Md.) Miah and others Vs. Soleman Nessa Bibi and others, 1988, 17 CLC (HCD)
....te for the respondent, submits that he had got instruction from his clients to go to the Appellate Division against the decision of this Court and he seeks 2(two) months' time for the purpose. The prayer is allowed. Let the operation of this judgment be stayed for 2 (two) months. Ed. This Ca......ditional Court, Jessore, in Title Appeal No. 6 of 1963 affirming those passed by Mr. Q Sharafat Ali, Munsif 2nd Court, Jessore, in Title Suit No. 23 of 1961. 2. The appellants filed the above suit for declaration of their title and recovery of khas possession in 6.21 acres of land as detailed in ...... and he seeks 2(two) months' time for the purpose. The prayer is allowed. Let the operation of this judgment be stayed for 2 (two) months. Ed. This Case is also Reported in: 43 DLR (1991) 646....... and he seeks 2(two) months' time for the purpose. The prayer is allowed. Let the operation of this judgment be stayed for 2 (two) months. Ed. This Case is also Reported in: 43 DLR (1991) 646...Category: Property Law | Date: | Hits: 70
Tenu Miah and others Vs. The State, 1990, 19 CLC (HCD)
....ck some time after and informed them that the accused persons did not allow them to go near their house and out of fear of gunshot they did not dare to enter into the house of Matbar Ali. After Johar prayer the OC came to the place of occurrence and Abdul Mannan, the informant lodged the First Infor...... Kasem, Keyamuddin, Kalagazi, Sona Mia, Yakub Ali, Elim, Sabur, Nurul Islam @ Nur Islam, Seraj son of Matbar Ali, Abdul Huq, Alfaz, Hamid, Malek, and Majid along with others were placed under trial before the Additional Sessions Judge, Kishoreganj, in Sessions Case No. 21 of 1987 and have been found...... Jail Code as the conviction of death sentence is altered to that of under section 304‑Part‑ 1 from sections 302/149 of the Penal Code. Ed. This Case is also Reported in: 43 DLR (1991) 633. ...... Jail Code as the conviction of death sentence is altered to that of under section 304‑Part‑ 1 from sections 302/149 of the Penal Code. Ed. This Case is also Reported in: 43 DLR (1991) 633. ..Category: Criminal Law | Date: | Hits: 68
Hameeda Banu Vs. AFM Naziruddin, 1990, 19 CLC (HCD)
....n, but before he could complete the ground‑floor of the building the respondent was transferred to the Head Office of the then Industrial Development Bank of Pakistan (IDBP) in Karachi, that on the prayer of the respondent the then IDBP sanctioned a House Building Advance to him in November, 1970 ......udgment and decree dated 31.7.83 passed by the learned Subordinate Judge, 3rd Court, Dhaka in Tide Suit No. 226 of 1980 decreeing the suit. 2. The respondent instituted the suit on 29.8.80 praying for two declarations simpliciter as follows: "That a decree be passed declaring that the plaintif......nd the suit is dismissed. In the facts and circumstances of the case, we make no order as to costs in the appeal as well as in the suit. Ed. This Case is also Reported in: 43 DLR (1991) 623. ......nd the suit is dismissed. In the facts and circumstances of the case, we make no order as to costs in the appeal as well as in the suit. Ed. This Case is also Reported in: 43 DLR (1991) 623. ..Category: Property Law | Date: | Hits: 110
....pprehended and nobody will suffer.
3. Mr. Aminul Huq, the learned Attorney General, while refuting the contention of Mr. Amir-ul-Islam, the learned Counsel for the petitioners with regard to the prayer for stay of ensuing Election of the President scheduled to be held on 8th October, 1991 at th......d Azad MP and 6 others have challenged the legislation, namely Act 27 of 1991 (President Election Act of 1991) and the amendment thereof by Ordinance No. XXXIII of 1991 passed on 28.9.1991 and prayed for a Rule Nisi calling upon the Respondents to show cause as to why the impugned legislations as of......atter be placed before the regular Bench on the re‑opening of the Court on 20th October, 1991 for hearing of the substantive application.
Ed.
This Case is also Reported in: 43 DLR (1991) 607.
......atter be placed before the regular Bench on the re‑opening of the Court on 20th October, 1991 for hearing of the substantive application.
Ed.
This Case is also Reported in: 43 DLR (1991) 607.
..
Category: Constitutional Law | Date: | Hits: 229
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