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Md. Saidur Rahman Vs. Farid Uddin Mahmud and others, 2011, 40 CLC (AD)
....s to understatement of value of property calculated to misÂlead the bidder or the sale at a serious under value or where the contrary to the value of property given in sale proclamation or the Court wrongly mentioned higher value are grounds on which a sale may be vitiated by gross irregularities. ......he has appreciated that the impugned judgment is a well reasoned one. We find no merit in this petition, which is accordingly dismissed. Ed. This Case is also Reported in: VIII ADC (2011) 698....... is also Reported in: VIII ADC (2011) 698.......he has appreciated that the impugned judgment is a well reasoned one. We find no merit in this petition, which is accordingly dismissed. Ed. This Case is also Reported in: VIII ADC (2011) 698...Category: Property Law | Date: | Hits: 81
Mosammat Manikjan Bibi Vs. Md. Jalil alias Abdul Jajil and others, 2011, 40 CLC (AD)
....nd reversed the judgment and order passed by the appellate Court. We find no substance in this petition which is accordingly dismissed. Ed. This Case is also Reported in: VIII ADC (2011) 695. ......nd reversed the judgment and order passed by the appellate Court. We find no substance in this petition which is accordingly dismissed. Ed. This Case is also Reported in: VIII ADC (2011) 695. ......bstance in this petition which is accordingly dismissed. Ed. This Case is also Reported in: VIII ADC (2011) 695. ......ce the relevant record of Mutation Case No.77 of 1979-1980 lying with the concerned office of the Assistant Commissioner and as such the High Court Division was wrong in relying upon the sepÂaration khatian filed at the trial of the Miscellaneous Case. 12. The High Court Division came to a findÂ..Category: Property Law | Date: | Hits: 58
Government of Bangladesh and another Vs. Monwarul Alam and others, 2011, 40 CLC (AD)
.... after the property. On the basis of the said power of attorney Kawsar Uddin created a deed in favour of his wife on 25.06.1958 though no consideration passed and durÂing S.A. operation the same was wrongly recorded in her name. Bepin Bihari left for India in 1965 and started living there perÂmane......d for mandatory injunction to restore back possession of the suit land to the plaintiffs. 4. The plaint case, in short, is that the suit land belonged to Mahmuda Begum and accordingly the same was recorded in the S.A. Khatian in her name. While Mahmuda Begum was in possession of the suit land as ......No.1737 of 1996 is stayed till disposal of the appeal. Ed. This Case is also Reported in: VIII ADC (2011) 679. ......rder dated the 2nd March, 2010 passed by the High Court Division in Civil Revision No.1737 of 1996 is stayed till disposal of the appeal. Ed. This Case is also Reported in: VIII ADC (2011) 679. ..Category: Property Law | Date: | Hits: 54
Md. Shamsul Hoque Vs. Md. Jabbar and another, 2011, 40 CLC (AD)
.... Shamsul Haque based on misreading and non-consideration of the evidence and misconception of law committing an error of law occaÂsioning failure of justice. (ii) Whether the High Court Division wrongly accepted the lower appellate court's misreading the deed and docuÂments along with non cons......epare the paper book out of court in accordance with Rules. The order of stay granted earlier be extended till disposal of the appeal. Ed. This Case is also Reported in: VIII ADC (2011) 673. ......d till disposal of the appeal. Ed. This Case is also Reported in: VIII ADC (2011) 673. ......epare the paper book out of court in accordance with Rules. The order of stay granted earlier be extended till disposal of the appeal. Ed. This Case is also Reported in: VIII ADC (2011) 673. ..Category: Property Law | Date: | Hits: 76
A. Rahman Lasker and other Vs. Abul Kalam and other, 2011, 40 CLC (HCD)
.... granted at the time of issuance of Rule is hereby vacated. Send down a copy of this order to the Court below at-once for information and necessary action. Ed. This Case is also Reported in: ......the Court of learned Senior Assistant Judge, Sadar Faridpur against the defendants praying for decree of declaration of title. Further case of the plaintiff as disclosed that the suit land originally recorded in S.A. Khatian No.1 as Government khas land. The previous original owners of suit plot no............Petitioners Vs. Abul Kalam and other ..................................Opposite Parties Judgment May 25, 2011. Result: The Rule is made absolute. Cases Referred to- Nuruddin Ahmed Vs. Zafarullah Siddique and others, 42 DLR 246; Md. Zahoor Ali Khan, 11 MIA 468 (PC). L...... granted at the time of issuance of Rule is hereby vacated. Send down a copy of this order to the Court below at-once for information and necessary action. Ed. This Case is also Reported in: ..Category: Administrative Law | Date: | Hits: 199
Rupali Jute Baling Ltd. Vs. Agrani Bank, 1991, 20 CLC (HCD)
....ns referred to. It has been further submitted by the learned Advocate Mr. HR Sharif, that the appellant in the instant case in the facts and circumstances is entitled to the benefit of the days spent wrongly in a wrong forum caused by a genuine mistake on the part of the lawyer which may be caused d......result, this rule in discharged without any order as to cost. The appeal being FAT No.567/1989 is dismissed being barred by limitation. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 232....... also Reported in: 44 DLR (HCD) (1992) 232.......result, this rule in discharged without any order as to cost. The appeal being FAT No.567/1989 is dismissed being barred by limitation. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 232...Category: Procedural Law | Date: | Hits: 111
Shadat Ali and another Vs. State, 1991, 20 CLC (HCD)
....bail bond forthwith and serve out the remaining sentence passed against him. Let the records of the case be sent down expeditiously. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 217. ......ollege Hospital, the informant Makram Ali went to the Chattak police station and lodged the First Information Report on 9.8.1985 at 20‑00 hours i.e. 8‑00 PM. The Officer‑in‑Charge, Chattak PS recorded the First Information Report on the verbal statement of the informant. The police took up t...... sentence passed against him. Let the records of the case be sent down expeditiously. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 217. ......bail bond forthwith and serve out the remaining sentence passed against him. Let the records of the case be sent down expeditiously. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 217. ..Category: Criminal Law | Date: | Hits: 73
Zeenat Textile Mills Ltd. Vs. Chairman, Third Labour Court, Dhaka and another, 1991, 20 CLC (HCD)
....d Labour Court, Dhaka in Complaint Case No.25 of 1984 to have been made without lawful authority and the same is of no legal effect. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 213. ......d after proper notice to the respondent No.2 in which he participated. The enquiry was held on 18.12.84 as per schedule and the members of the Enquiry Committee held the enquiry and the statement was recorded by the Committee. The respondent No.2 cited Mr. Din Mohammad Assistant Commercial Officer a......o have been made without lawful authority and the same is of no legal effect. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 213. ......d Labour Court, Dhaka in Complaint Case No.25 of 1984 to have been made without lawful authority and the same is of no legal effect. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 213. ..Category: Labour and Industrial Law | Date: | Hits: 172
Halima Bibi Vs. The Chairman & another, 1992, 21 CLC (HCD)
....o legal effect. The property in question stands excluded from the list of abandoned property. We, however, make no order as to cost. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 197.......o legal effect. The property in question stands excluded from the list of abandoned property. We, however, make no order as to cost. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 197.......d from the list of abandoned property. We, however, make no order as to cost. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 197.......o legal effect. The property in question stands excluded from the list of abandoned property. We, however, make no order as to cost. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 197...Category: Property Law | Date: | Hits: 64
Sadharan Bima Corporation Vs. M V Birba and others, 1991, 20 CLC (HCD)
.... in rejection of the plaint in the exercise of ordinary and extraordinary original civil jurisdiction by this Court under Order V11, rule 11 (a) of the Code of Civil Procedure, yet Mr. Bakr, in fact, wrongly argued the case that High Court Division has no power to reject a plaint in Admiralty Suit u......cessary correction in clause (1) of rule 3 of Order XLIX of the Code of Civil Procedure by inserting clause (b) instead of clause (d). Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 171.......se is also Reported in: 44 DLR (HCD) (1992) 171.......cessary correction in clause (1) of rule 3 of Order XLIX of the Code of Civil Procedure by inserting clause (b) instead of clause (d). Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 171...Category: Admiralty Law or Maritime Law | Date: | Hits: 315
Yunus Kha and others Vs. Abdul Momin and others, 2011, 40 CLC (AD)
....m the plaintiffs on 20.10.1952. Defendant No.1 purchased 0.25 acre of land of plot No.210 and 0.05 acre of land of plot No.207 from the plainÂtiffs by a deed dated 20.10.1952, but in the deed it was wrongly written that he purÂchased 0.30 acre from plot No.210. On 03.10.1988, the son of defendant ...... instituted Title Suit. No. 44 of 1993 in the Court of Senior Assistant Judge, Sarail, Brahmanbaria for partition claiming that the suit property originally belonged to Golap Jan Bibi and that it was recorded in her name. After death of Golap Jan Bibi, the suit property devolved upon her two daughte......ivil petition for leave to appeal is dismissed summarily. Ed. This Case is also Reported in: VIII ADC (2011) 613. ......1 and delivered possession to them. In total the plaintiffs transferred 0.42 acre of land and have been possessing 6.42 1/2 acres wherein they erected their homestead and have been growing crops. The khatians of the suit land were also prepared in their names. Defendant Nos.1-46 are heirs of Joynab ..Category: Property Law | Date: | Hits: 73
Bangladesh Public Service Commission and another Vs. Maloti Rani Mondol, 2011, 40 CLC (AD)
....e to appeal is liable to be dismissed. In the circumstances the Civil Petition for leave to appeal be dismissed. Ed. This Case is also Reported in: VIII ADC (2011) 609, 17 MLR (AD) (2012) 104.......er of the departmental proceeding has relied on the taped record allegedly containing the voice of the respondent which was stoutly denied by the respondent. But none of the persons of the team which recorded the said alleged voice of the respondent was examined by the enquiry officer in the departm...... for leave to appeal be dismissed. Ed. This Case is also Reported in: VIII ADC (2011) 609, 17 MLR (AD) (2012) 104.......e to appeal is liable to be dismissed. In the circumstances the Civil Petition for leave to appeal be dismissed. Ed. This Case is also Reported in: VIII ADC (2011) 609, 17 MLR (AD) (2012) 104...Category: Administrative Law | Date: | Hits: 210
Modares Miah Vs. The Chairman, 1st Labour Court and another, 1991, 20 CLC (HCD)
....legal effect and the petitioner be re‑instated at once. In the result, the rule is made absolute, without any order as to costs. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 165. ......bour (Standing Orders) Act, 1965 reads as follows: "18. Procedure for punishment.‑ (1) No order of discharge or dismissal of a worker shall be made unless: (a) the allegations against him are recorded in writing; (b) he is given a copy thereof and not less than three days' time to explain......e. In the result, the rule is made absolute, without any order as to costs. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 165. ......legal effect and the petitioner be re‑instated at once. In the result, the rule is made absolute, without any order as to costs. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 165. ..Category: Labour and Industrial Law | Date: | Hits: 148
Mafizur Rahman Vs. Joynal Abedin and others, 1992, 21 CLC (HCD)
....ecords expeditiously. Let a copy of the judgment be sent to the learned Subordinate Judge at his present station for his guidance. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 158. ......ecords expeditiously. Let a copy of the judgment be sent to the learned Subordinate Judge at his present station for his guidance. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 158. ...... (1992) 158. ....... 2. The predecessor‑in‑interest of the opposite parties, Sayera Khatun, filed Village Court Case No.48 of 1984 for recovery of khas possession in respect of 1.08 decimals land appertaining to khatian Nos. 324 and 324/1 of mouza Udmara and Village Court was constituted with the Chairman of th..Category: Property Law | Date: | Hits: 74
Government of Bangladesh Vs. Syndicate Limited, 1998, 17 CLC (HCD)
....e of the court. We find no merit in this revisional application. The Rule is, accordingly, discharged without any order as to coats. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 330.......educted on account of VAT. The Chief Engineer, R&H, appointed Mr. JB Barua, Superintending Engineer, R&H (Planning) Dhaka, as the arbitrator. The Arbitrator commenced arbitration proceedings, recorded evidence of the parties and found that the contractor was not liable for falling of the 200......ed. Cases Referred to- Hashmat Ali Janwidar & others Vs. Asmat Ali Jamadar, 6 DLR 478; Messrs R Sim & Co Vs. Messers Pak Industries Ltd., 8 DLR 305; Government of Bangladesh Vs. Jalaluddin Ahmed 37 DLR (AD) 27; Shambhu Nath Vs. SM Surja Devi, AIR 1961 Allahabad 180 and Ganesh ChandraMi......e of the court. We find no merit in this revisional application. The Rule is, accordingly, discharged without any order as to coats. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 330...Category: Alternative Dispute Resolution | Date: | Hits: 147
Khorshed (Md.) alias Khorshed Vs. State, 1999, 18 CLC (HCD)
....ppeal is dismissed. The judgment, order of conviction and sentence appealed against are confirmed. Send down the LC Records at once. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 317.......ed and looked into before arriving at a decision. 21. There is no doubt that First Information Report is not substantive evidence, but it is also true that First Information Report is the earliest recorded statement of the prosecution case. When the First Information Report is lodged within minim......viction and sentence appealed against are confirmed. Send down the LC Records at once. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 317.......ppeal is dismissed. The judgment, order of conviction and sentence appealed against are confirmed. Send down the LC Records at once. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 317...Category: Criminal Law | Date: | Hits: 54
Moqbul Hossain Bakul and others Vs. Mohammad Ali and others, 1998, 17 CLC (HCD)
....aintain status quo in respect of the possession of the suit property is hereby vacated. Send down the lower court records at once. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 307. ......ppellate Court failed to notice that in a suit for declaration to title necessary parties are those who denied or interested to deny the title of the plaintiff and, as such, non impleading of all the recorded tenants of the Khatian cannot defeat the suit for defect of parties. The learned Advocate s......own the lower court records at once. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 307. ......aintain status quo in respect of the possession of the suit property is hereby vacated. Send down the lower court records at once. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 307. ..Category: Property Law | Date: | Hits: 65
....igraha Narayan Jew and the plaintiff Narayan Jew has been owning and possessing the same although without any interruption. It has also been alleged that during the SA operation the suit property was wrongly recorded in the name of one Suresh Chandra Roy, who had no right, title interest and possess......at the suit property cannot be treated as Enemy property (Vested property). The case of the plaintiff in short, is that, Deity Lakshmi Gobinda Jew is the owner of the property and it has been rightly recorded as such in CS Khatian Nos.68 and 142 of Mouza Kirtibashdi under police station Raipura in t......
Ed.
This Case is also Reported in: 51 DLR (HCD) (1999) 300.......t be treated as abandoned property or vested property (enemy property) by the defendants.
Send down the lower Court records at once.
Ed.
This Case is also Reported in: 51 DLR (HCD) (1999) 300...
Category: Property Law | Date: | Hits: 102
Bangladesh and another Vs. Banarashi Lal Sharaf and others, 1993, 22 CLC (HCD)
....n 3(3) of the Import Export (Control) Act, 1950; that plaintiff filed an appeal before the Central Board of Revenue against Collector's order of confiscation of the said goods and the said appeal was wrongly rejected on 25.6.56 Ext. 2 and thereafter plaintiff filed a revision before the central gove......iff's Title Suit No.18/57 is dismissed. In the facts and circumstances of the case parties shall bear their respective costs althrough. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 669.......r respective costs althrough. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 669.......iff's Title Suit No.18/57 is dismissed. In the facts and circumstances of the case parties shall bear their respective costs althrough. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 669...Category: Fiscal/Taxation Law | Date: | Hits: 125
Mojibar Vs. State, 1998, 17 CLC (HCD)
....evidence on record. In the instant case there is no substantive evidence, either direct or circumstantial, implicating the appellant with the alleged dacoity. The learned Judge, the trial Court acted wrongly in treating the confessional statement as substantive evidence, against the accused appellan...... the deposition of P.W.4. In cross examinations he said she suspected one of the dacoits who is now standing at the dock whom she saw at the time of dacoity. P.W.6 M Nazibullah UNO Satkhira Sadar who recorded the confessional statement of the accused Abdus Sattar and proved the same. P.W.7 Sheikh Sa......acquitted thereof and must be set at liberty at once, if not wanted in any other case. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 507. ......er sections 395/397 of the Code and he may be acquitted thereof and must be set at liberty at once, if not wanted in any other case. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 507. ..Category: Criminal Law | Date: | Hits: 78
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