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Oli Ahmed Vs. State, 2012, 41 CLC (HCD)
....ed is set aside. The appellant is acquitted of the charge leveled against him. Send down the records of lower Court. Mohammad Marzi-ul-Huq J. - I agree. Ed. This Case is also Reported in: ......espondent. Jail Appeal No. 1836 of 1996 Judgment Md. Ruhul Quddus J. - This appeal under section 420 of the Code of Criminal Procedure is directed against judgment and order dated 15.2.1995 passed by the Assistant Sessions Judge, First Court, Cox’s Bazar in Session Trial Case No.33 of 199......ant Serajul Haque finding the Officer-in-charge of Chokoria Police Station, Cox’s Bazar available at the office of Taitong Union Parishad on 10.1.1993 lodged an ejahar to him alleging, inter alia, that in the night following 7.1.1993 he was sleeping at home. At about 12.00 p.m. he woke up with som......ppellant Vs. The State ................... Opposite Party Judgment June 13, 2012. Result: This jail appeal is allowed. Lawyers Involved: Zinat Akhter Nazley Begum, Advocate - for the appellant. Yousuf Mahmud Morshed, Assistant Attorney General - for the respondent. Jail..Category: Criminal Law | Date: | Hits: 95
Md. Tarique Aziz Vs. State, 2012, 41 CLC (AD)
....third person Md. Rezaul Karim from his house at village Charboarmary within the police station of Godagari, Rajshahi and following his statement they recovered 3978 pieces of detonators from a nearly land owned and possessed by one Iliasur Rahman alias Khyapa. 3. The ejahar gave rise to Godagari ......uhul Quddus J Md. Tarique Aziz ... .......Appellant Vs. The State ... ........Opposite Party Judgment March 15, 2012. Result: The jail appeal is allowed. Lawyers Involved: Hasna Begum, Advocate - for the appellant. Yousuf Mahmud Morshed, Assistant Attorney General - for......d under sections 4(b) and 6 of the Explosive Substance Act and sentenced each of them there under to suffer rigorous imprisonment for fifteen years. 2. Facts leading to this appeal, in brief, are that the informant Md. Mosharrf Hossain, a Warrant Officer deputed to RAB-5 produced three persons al......ique Aziz ... .......Appellant Vs. The State ... ........Opposite Party Judgment March 15, 2012. Result: The jail appeal is allowed. Lawyers Involved: Hasna Begum, Advocate - for the appellant. Yousuf Mahmud Morshed, Assistant Attorney General - for the opposite party. ..Category: Criminal Law | Date: | Hits: 119
Manzur Ahmed Vs. Rajdhani Unnayan Kartipakkha (RAJUK) & others, 2010, 39 CLC (HCD)
....be directed to mutate the said property in the name of the petitioner by receiving the transfer fee. 2. Short fact, as appear from the relevant documents annexed to the writ petition, are that the land and the building thereon at plot No.N(W)H, Block-6, 159 Gulshan Avenue, Gulshan-2, Dhaka (herei...... this order. Ed. This Case is also Reported in: 63 DLR (HCD) (2011) 198. ......ers……………………Respondents Judgment December 8, 2010. Result: The Rule is made absolute. Cases Referred to- CQMH Md. Ayub Ali Vs. Bangladesh, 47 DLR (AD) 71; Mrs. Amena Khatun Vs. Chairman, Court of Statement, 15 MLR (AD) 438 = 63 DLR (AD) 1; Government of Bangladesh Vs......hin 30 days from receipt of the copy of this judgment. Communicate this order. Ed. This Case is also Reported in: 63 DLR (HCD) (2011) 198. ..Category: Property Law | Date: | Hits: 127
Kazi Asmat Ullah Vs. Belayet Ali Sheikh and others, 2009, 38 CLC (HCD)
.... of 1989 in the Court of Assistant Judge, Sripur, Magura for declaration of title and confirmation of possession. It is stated in the plaint that Lalit Mohan Chakrabarty was an owner of 1.13 acres of land appertaining to plots No.1093/1250/1786 of Khatian No.1044 and Malancha Dasi got the same execu......…Petitioner Vs. Belayet Ali Sheikh and others………………………Defendants-Respondents-Opposite Parties Judgment August 23, 2009. Result: The Rule is made absolute. Cases Referred to- Province of East Pakistan Vs. Muhammad Hossain Mia, 16 DLR (SC) 667; Khorshed A......No.111 of 1989 decreeing the plaintiff suit should not be set aside and/or such other or further order or orders passed as to this Court may seem fit and proper." 2. The plaint case, in short, is that the plaintiff instituted title suit No.111 of 1989 in the Court of Assistant Judge, Sripur, Magu......-Respondents-Opposite Parties Judgment August 23, 2009. Result: The Rule is made absolute. Cases Referred to- Province of East Pakistan Vs. Muhammad Hossain Mia, 16 DLR (SC) 667; Khorshed Alam alias Shah Alam Vs. Amir Sultan Ali Haider, 38 DLR (AD) 133; Md. Shah Alam Vs. Farida Be..Category: Property Law | Date: | Hits: 123
Sheikh Hasina Wazed alias Sheikh Hasina Vs. State and another, 2010, 39 CLC (HCD)
....ith the terms and conditions of the Request. For Proposal and 18 proposals were primarily accepted as being responsive. Though according to the report of the Tender Evaluation Committee Messrs New England Power Company Consortium (hereinafter called NEPC) was adjudged to be the lowest tariff propose...... is also Reported in: 63 DLR (HCD) (2011) 162. ......e, Court No.1, Dhaka should not be quashed and/or pass such other or further order or orders as to this Court may seem fit and proper. 2. The fact relevant for disposal of this rule, in short, is that one MM Shabbir Hassan, Deputy Director, Anti-Corruption Commission, District Office, Dhaka-1, as...... 53 DLR 125; Kazi Obaidul Haque Vs. State, 51 DLR 25; Muqbul Ahmed Vs. Hamidul Bari, 5 BCR (1985) 184; Barrister Md. Rafiqul Islam Miah Vs. Government of Bangladesh, 59 DLR 407; Gokulchand Dwarkadas Morarka Vs. King, AIR 1948 Privy Council 82; Syed Mustafizur Rahman Vs. State, 53 DLR 125; Abdul Haki..Category: Criminal Law | Date: | Hits: 156
....tho on 06.12.2010 on this illegal Construction. It has been reported that few powerful local musclemen under the leadership of the respondent no. 6, have been carrying on the construction work on the land adjacent to Mohasthangor, violating the provisions of law. It has been further stated that the ......010.
An application under Article 102 of the Constitution of the People’s Republic of Bangladesh.
Judgment
AHM Shamsuddin Choudhury J. - The Rule under adjudication, issued on 07.12.2010, was in following terms:
“Let a Rule Nisi be issued calling upon the respondents to show cause as......a rare relic of our heritage. The petitioners also seek to bring this application by invoking Article 102 of the Constitution as a public interest litigation to ensure protection of this great place that reminisces our tradition and history, by preventing illegal construction work in the vicinity of.......
This Case is also Reported in:
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Category: Property Law | Date: | Hits: 159
Chairman, National Board of Revenue, Bangladesh Vs. M/s. GMG Corporation Ltd., 1982, 11 CLC (AD)
....Referred To- 21 Cal 241; Secretary to the Commission of Salt etc. Madras Vs. Mrs. Orr 38 Mad 646; Board of Revenue Vs. Sorrarazu, AIR 1976 Mad 1038 (FB); Mutual Property Insurance Co. Ltd. Vs. Inland Revenue Commissioner, 1926 All England Reports 493; Mad. B. P. 3011 R. Mis.; Inland Revenue Com......: 35 DLR (AD) (1983) 262. ...... 2. Ruhul Islam J.- I have gone through a copy of the judgment written by my learned brother Badrul Haider Chowdhury, J. and the one written by my learned brother Shahabuddin Ahmed, J. I concur with that of the latter. 3. The question for consideration in this appeal is whether the mortgage de...... Ruhul Islam J Badrul Haider Chowdhury J Shahabuddin Ahmed J Chowdhury ATM Masud J Chairman, National Board of Revenue Bangladesh……………………Appellant Vs. M/s. GMG Corporation Ltd………………………Respondent Judgment September 16, 1982. Result: ..Category: Fiscal/Taxation Law | Date: | Hits: 269
Shafi Khan Vs. Mannujan Hossain and others, 1983, 12 CLC (AD)
....471 of 1976) Judgment Shahabuddin Ahmed J.- In this appeal by special leave the question, which appears to be of great public interest, is whether the right of pre-emption is available when the land sought to be pre-empted has already been reconveyed to the vendor, particularly when the deed o......…Appellant Vs. Mannujan Hossain, wife of A.Z.M. Delwar Hussain, Advocate and others………………Respondents Judgment February 16, 1983. Result: The appeal is allowed. Cases Referred to- Abdus Sattar Mallick Vs. Younus Mallick and ors., 12 DLR 849; Tarapada Karati V......ed the question in the affirmative after taking into consideration two lines of conflicting decisions on this point. 2. Facts of the case, so far necessary for determination of this question, are that the land under pre-emption was sold by one Abdul Bari Khan on 28 March 1974 to his nephew, Ayesh......Hussain, Advocate and others………………Respondents Judgment February 16, 1983. Result: The appeal is allowed. Cases Referred to- Abdus Sattar Mallick Vs. Younus Mallick and ors., 12 DLR 849; Tarapada Karati Vs. Sudhamoy Doulbi and ors., 53 CWN 678; Nishi Kanta Das Vs. Jnan..Category: Property Law | Date: | Hits: 77
Sheikh Hasina Vs. Bangladesh, 2010, 39 CLC (HCD)
....tions and others, 55 DLR (AD) 23; R Vs. Lowle, 1759 Judicial Review of Administrative Action, 4th Edition 584; Groenvelt Vs. Burwell, 1700 1 Ld. Raym 454; R Vs. Herefordshire Magistrate Court ex p Rowlands, 1998 QB 110; R Vs. Wandsworth JJ ex parte Read, 1942 1KB 281; Leech Vs. Deputy Governor of Pa.......- I agree. Ed. This Case is also Reported in: ......-২০০২ অনুলিপি কারক, স্বা/- অস্পষ্ট ৭-৫-২০০২ 2. The afore reproduced First Information Report (FIR) was not the only one that was filed in respect to the event stated therein, two other FIRs were also filed, invoking more ......n cost. Borhanuddin J.- I agree. Ed. This Case is also Reported in: ..Category: Criminal Law | Date: | Hits: 133
Nur Banu Vs. Noor Mohammad and others, 1983, 12 CLC (AD)
.... Judgment Fazle Munim CJ. - This appeal arises out of a suit for ejectment, being Title Suit No. 115 of 1960 in the 1st Court of Munsif, Dhaka. The appellant, Nur Banu, took pattan of the suit lands from Nurun Nahar Bibi, predecessor-in-interest of the respondents, by executing a registered k......d in: 35 DLR (AD) (1983) 182. ......th the expiry of the calendar year and whether the notice terminating the tenancy, therefore, conformed with the statutory requirement. 4. Mr. M.H. Khondoker, Counsel for the appellant, submitted that the notice to vacate the suit premises did not confirm with the requirements of law as laid down......risdiction) Present FKMA Munim CJ Badrul Haider Chowdhury J Shahabuddin Ahmed J Chowdhury ATM Masud J Syed Md. Mohsen Ali J Nur Banu…………………… Appellant Vs. Noor Mohammad and others………………Respondents Judgment February 3, 1983. Result: ..Category: Property Law | Date: | Hits: 103
Alhaj Md. Chowdhury Alam and others Vs. Md. Nasiruddin Shah and others, 2004, 33 CLC (AD)
....father of the writ petitioner developed the Waqf Estate by constructing a multi-storied market building and allotted the same to different shop keepers who are the tenants of the Waqf Estate and some land are lying vacant behind the said market building and another market building could be construct...... (Civil) Present: Mohammad Fazlul Karim J MA Aziz J Amirul Kabir Chowdhury J Alhaj Md. Chowdhury Alam and others………………..Petitioners (In all the petitions) Vs. Md. Nasiruddin Shah and others……………………………..Respondents Judgment November 6, 2......2003 issued by the petitioner No.2, the Administrator of Waqf of Bangladesh constituting the Managing Committee of Hazrat Malek Pir Yamani (R) Nazar Waqf Estate (E.C. No.11276) stating, inter alia, that Hazrat Malek Shah Pir Yameni (R) Mazar Waqf Estate (E.C. No.11276) has been run and managed by m......……………..Respondents Judgment November 6, 2004. Result: The petition is dismissed. Case Referred to- 35 DLR (AD) 108. Lawyers Involved: Khondker Mahbubuddin Ahmed, Senior Advocate, (S.M. Munir, Advocate with him), instructed by Md. Nawab Ali, Advocate-on-Record- For t..Category: Trust/Waqf Law | Date: | Hits: 148
Rabiul Alam and another Vs. Sree Bidhan Kumar Deb, Advocate, 1997, 26 CLC (HCD)
....tly became an advocate. The plaintiffs issued notice under section 106 and 111 of the Transfer of Property Act by registered post to the defendant through their lawyer determining the relationship of landlord and tenant and demanding vacant possession of the suit premises on the expiry of the Month ......er………………………Petitioner Vs. Sree Bidhan Kumar Deb, Advocate………………………Opposite Party Judgment August 12, 1997. Result: The Rule is made absolute. Cases Referred to- Afroza Bewa and others Vs. Md. Jalaluddin Pramanik, 48 DLR (AD) 205; Abdus Satt......(Assistant Judge), Sadar Dinajpur for ejectment of the opposite party Bidhan Kumar Dev as a tenant from the premises mentioned in the schedule of the plaint. 4. The plaintiffs’ case in short is that the suit premises originally belonged to one Binodi Lal Biswas a practicing Mukhtiar at Dinajpur......Kunwar Vs. Ranjit Singh, AIR 1915 (PC) 96; 42 I.A. 202; Lala Singh Vs. Mohipal Singh, 1889 AWN 149. Lawyers Involved: MA Wahab Miah with Anwarul Azim Khair Manna and Obaidul Hasan, Advocates - For the Petitioner. Muhummad Jamiruddin Sircar with Md. Asaduzzaman and Mir Hashmat Ali, Advocates..Category: Procedural Law | Date: | Hits: 74
Babar Ali Prodhan Vs. Kinu Mia and others, 1979, 8 CLC (AD)
....of rent due to him and a decree was passed in the said rent suit in his favour. The decree was put in execution in Rent Execution Case No.23 of 1962 and in pursuance of the said rent execution case land appertaining to C.S Khatian No.65 of Mouza Bara-Gopinathpur, P.S Pirganj, District Rangpur, w......M Subhan J Babar Ali Prodhan…………………Appellant Vs. Kinu Mia and others………………….Respondents Judgment June 21, 1979. Result: The appeal is allowed. Cases Referred to- Abdul Hamid Vs. Ali Baksha Mondal, (1968) 20 DLR 699; Sultan Ahmed Vs. Hazera K......…………….Respondents Judgment June 21, 1979. Result: The appeal is allowed. Cases Referred to- Abdul Hamid Vs. Ali Baksha Mondal, (1968) 20 DLR 699; Sultan Ahmed Vs. Hazera Khatoon, Civil Revisional Case Nos. 130 and 131 of 1969; Arthur Henry Forbe Vs. Bahadur Singh, 41 I.A...... The appeal is allowed. Cases Referred to- Abdul Hamid Vs. Ali Baksha Mondal, (1968) 20 DLR 699; Sultan Ahmed Vs. Hazera Khatoon, Civil Revisional Case Nos. 130 and 131 of 1969; Arthur Henry Forbe Vs. Bahadur Singh, 41 I.A. 91; Maharajadhiraj Uday Chand Mahtab Vs. Samarendra Nath Matra, 51 C..Category: Property Law | Date: | Hits: 60
Omed Ali Sikder Vs. Arman Sikder and others, 1979, 8 CLC (AD)
....ties had been possessing their respective shares amicably necessity of final decree did not arise and as such application for drawing up of final decree became necessary because in the meantime the landlords interests were acquired by the Government and the revisional settlement operation started.......tructed by B.C. Pandey, Advocate-on-Record - For the Respondent Nos. 1-2. Ex-parte - Respondent Nos. 3-15. Civil Appeal No.13 of 1979. (On appeal from the judgment and order dated 31st May passed by the High Court Division in Civil Order No.824 of 1976) Judgment Ruhul Islam J.- This ......- This appeal by special leave arises from the judgment and order of the High Court Division dated May 31st, 1976 in Civil Order No.824 of 1976. 2. Facts relevant for disposal of the appeal are that the appellant and respondents 11-15 as plaintiff instituted Partition Suit No.6 of 1940 in the S......pellant Vs. Arman Sikder and others……………………Respondents Judgment August 16, 1979. Result: The appeal is allowed. Lawyers Involved: Zinnur Ahmed, Advocate-on-Record - For the Appellant. Jane Alam, Senior Advocate instructed by B.C. Pandey, Advocate-on-Record..Category: Property Law | Date: | Hits: 78
Babul Chandra Biswas and others Vs. Dina Bandhu Chowdhury and others, 1979, 8 CLC (AD)
....ll that need be said in this appeal is that the plaintiffs instituted, a suit for permanent injunction and prayed for temporary injunction. The defendants and the plaintiffs both claim title to the land by purchase and their rival purchase is in dispute. It being a suit for permanent injunction th......ed in: 31 DLR (AD) (1979) 319. ......reversing the finding of the first appellate Court on the question of possession granted, temporary injunction and directed early disposal of the suit and this order is under challenge. 2. All that need be said in this appeal is that the plaintiffs instituted, a suit for permanent injunction......Appellants Vs. Dina Bandhu Chowdhury and others……………………Respondents Judgment August 8, 1979. Result: The appeal is allowed. Lawyers Involved: Ahmad Sobhan, Senior Advocate, instructed by Sazzadul Huq, Advocate-on-Record - For the Appellants. B.B. Roy Chowdh..Category: Property Law | Date: | Hits: 78
Abul Kashem and another Vs. Begum Khodeja Akhtar & others, 1979, 8 CLC (AD)
....der: 2. The plaintiff-respondent filed a suit for declaration of his title and recovery of khas possession on eviction of the defendants-appellants in the alternative for partition of schedule-2 lands on declaration of their title to 28 acres of land on strength of the registered sale deed date......is also Reported in: 31 DLR (AD) (1979) 316.......n of the defendants-appellants in the alternative for partition of schedule-2 lands on declaration of their title to 28 acres of land on strength of the registered sale deed dated 27.5.68, stating that the land in question was owned and possessed by Gabu Sheikh who died leaving two sons Sonaullah ...... 12, 1979. Result: The appeal is allowed and the case is remanded back to the lower appellate Court. Lawyers Involved: B.N. Chowdhury, Advocate, instructed by Abdur Rob II, Advocate-on-Record - For the Appellant. Hazrat Ali Sikder, instructed by Md. Aftab Hossain Advocate-on-Record - ..Category: Property Law | Date: | Hits: 79
Golam Mowla Vs. Abdul Hashem, 2009, 38 CLC (HCD)
....o. 230 of 1982 in the Court of Assistant Judge, Sadar Noakhali impleading the predecessor of the defendant petitioner and 3 others as proforma defendants for declaration of title of the suit schedule land of the plaint stating, inter alia, that the suit land originally belonged to Asshiny Kumar Chok......orted in: 15 BLC (HCD) (2010) 85. ...... Title Suit No. 230 of 1982 dismissing the suit should not be set aside or such other or further order or orders passed as to this Court may seem fit and proper." 2. The plaint case, in short, is that the plaintiff instituted the Title Suit No. 230 of 1982 in the Court of Assistant Judge, Sadar N......2009. Result: The Rule is made absolute. Cases Referred to- Ranju Roy Vs. Jibesh Ranjan Roy, 14 MLR (AD) 18; Anwar Hossain Vs. Abdul Hossain Mollah, 44 DLR 79. Lawyers Involved: Sarforaj Meah with Azahar Ullah Bhuiyan, Advocates - For the Petitioner. Fauzia Karim with Rebaka Sul..Category: Property Law | Date: | Hits: 88
Abdur Rahman Vs. Md. Abdul Awal and others, 2009, 38 CLC (HCD)
....ection 145 of the Code of Criminal Procedure on 17-5-7997 in the Court of Chief Metropolitan Magistrate against the petitioner as second party alleging that he was the owner in possession of the case land (as described in the petition of complaint). As the second party was trying to dispossess him f......J Md. Delwar Hossain J Abdur Rahman ............Petitioner Vs. Md. Abdul Awal and others........Opposite Parties Judgment December 3, 2009. Result: The Rule is discharged. Case Referred to- 20 DLR 367. Lawyers Involved: Abu Bakar Siddique, Advocate - For the Petit......eing Miscellaneous Case No. 262 of 1997 under section 145 of the Code of Criminal Procedure on 17-5-7997 in the Court of Chief Metropolitan Magistrate against the petitioner as second party alleging that he was the owner in possession of the case land (as described in the petition of complaint). As ......l and others........Opposite Parties Judgment December 3, 2009. Result: The Rule is discharged. Case Referred to- 20 DLR 367. Lawyers Involved: Abu Bakar Siddique, Advocate - For the Petitioner. Anisul Haque, Advocate with Ramzan Ali Shikder and Abu Khaled-al-Mamun, Advoca..Category: Criminal Law | Date: | Hits: 122
Sattyendra Sutradhar Vs. Md. Zillu Miah and others, 2012, 41 CLC (AD)
....ous Case No.2 of 1995 under section 24 of the Non-Agricultural Tenancy Act, 1949, against the respondents in the court of Senior Assistant Judge, Sarail, Brahmanbaria praying for pre-emption of the land measuring an area of 0.05 acre appertaining to plot No.1273 of S. A. khatian No.233 of mouza Ba......am Bhuiyan, Advocate-on-Record—For Respondent No.1. Respondent Nos.2-3—Not represented. Civil Petition for Leave to Appeal No.1350 of 2009. (From the judgment and order dated 18.03.2009 passed by the High Court Division in Civil Revision No.4273 of 1997.) Order Nazmun Ara Sultana ...... 1949, against the respondents in the court of Senior Assistant Judge, Sarail, Brahmanbaria praying for pre-emption of the land measuring an area of 0.05 acre appertaining to plot No.1273 of S. A. khatian No.233 of mouza Bahadurpur, Police Station-Sarail, District-Brahmanbaria as described in sche...... Md. Zillu Miah and others...................................Respondents Order February 20, 2012. Result: Leave is granted. Lawyers Involved: Chowdhury Md. Zahangir, Advocate-on-Record—For the Petitioner. Rafiqul Islam, Senior Advocate instructed by Nurul Islam Bhuiyan, Advoc..Category: Property Law | Date: | Hits: 93
Sona Miah and others Vs. Abed Ali and others, 2012, 41 CLC (AD)
....defendants in different sets contested in that partition suit. By the judgment and decree as aforementioned the trial court decreed that suit in preliminary form allotting a saham for 2.37 acres of land out of total 18.86 acres of divisible land to the plaintiffs. Being aggrieved by that judgment ...... Respondent Nos.118, 119 and 228. Respondent Nos.1-117, 120-223 and 229 —Not represented. Civil Petition for Leave to Appeal No.1849 of 2010. (From the judgment and order dated 10.02.2010 passed by the High Court Division in Civil Revision No.4219 of 2000.) Judgment Nazmun Ara Sulta...... Gazipur. 2. The respondent Nos.1 to 25 herein, as plaintiffs, filed a partition suit in the 1st Court of Munsif, Gazipur in the year 1976 against the present defendant-petitioners and others and that suit, on transfer to the court of Additional Assistant Judge, 1st Court, Gazipur was renumbered ......hers..............................................Petitioners Vs. Abed Ali and others................................................Respondents Judgment January 16, 2012. Result: Portion of earlier judgment is expunged. Lawyers Involved: Dr. Rafiqur Rahman, Senior Advocate ..Category: Property Law | Date: | Hits: 84
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