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Abdul Kader Vs. Abdullah and others, 1998, 27 CLC (HCD)
....t February 17, 1998. Result: The rule is made absolute. Cases Referred to- Abdul Majid and other Vs. Province of East Pakistan & ors, 23 DLR 203; Benzir Ahmed Vs. Debendra Chandra Saha and others, 4 BLT 150. Lawyers Involved: Abdul Quayum with Md. Ismail and JBM Hass......Commissioner were legal and plaintiff also prayed for declaration of their title in the suit land. 3. The fact of the case, in short, is that admittedly, the disputed land is the Khas land of the Government. The plaintiffs assertion is that they took the settlement of the suit land in Settlement ......ordingly, the Rule is made absolute. The judgment and decree of the appellate Court is set aside. The suit is dismissed. No costs. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 435. ..Category: Property Law | Date: | Hits: 105
Nurjahan Begum Vs. Government of the Peoples Republic of and others, 1998, 27 CLC (HCD)
.....10 to the petitioner as compensation ‘for her residential structures and trees on the said land of plot No.1009 without offering any compensation for the land in her possession and directed her to hand over possession to the authorities. The said notice is annexed to the petition as Annexure-H. ......in: 51 DLR (HCD) (1999) 426....... 2-9-87 (Annexure H) and the notice dated 24-10-1987 (Annexure-J) within one month from the date of receipt of this judgment and order. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 426...Category: Property Law | Date: | Hits: 156
Zagir Hussain Vs. Aminul Haque and others, 1999, 28 CLC (HCD)
....the Court which has jurisdiction to pass an order under Order 21, rule 29. There is no indication in the rule that the application must be made to the Court in the execution proceedings. On the other hand, the wording of the rule is quite clear that the Court in which a suit is pending has jurisdict......thin the said specified period. In the result the Rule is made absolute without any order as to costs and send down the record at once. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 425.......thin the said specified period. In the result the Rule is made absolute without any order as to costs and send down the record at once. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 425...Category: Procedural Law | Date: | Hits: 178
Hazrat Ali Vs. Election Commission & others, 1989, 18 CLC (HCD)
....l Gazette under Rule 41 of the Rules at page 7113 of 29th May 1988 (Annexure A). The petitioner took oath of office on 6.7.88 (Annexure C) and the outgoing Chairman, respondent No.4, was asked to hand over charge to the petitioner by the Upazila Nirbahi Officer, Kaliakair (Annexure D). 3. Aft...... polling centres. Re-poll was held at two polling centres of ward No.1 on 16.4.88, because polling was disturbed. After the re-poll the petitioner was declared to have secured more than 736 votes over his nearest rival respondent No.4. The Presiding Officers submitted results, the Returning ......26. For the reasons stated above the Rule is made absolute but in the facts and circumstances of the case we make no order as to costs. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 486...Category: Election Law | Date: | Hits: 216
Shahidulla @ Md. Shahidulla & others Vs. State, 1988, 17 CLC (HCD)
.... 2. The facts relevant for the disposal of the Rule may be briefly stated as follows: 3. That according to the prosecution, there is a Civil litigation between the informant Shahidul, son of Haji Khandaker Ahmed Ali and accused Asheque Ali, petitioner No.3 still pending in a Civil Court in respec......Shahidul Islam, Rezuan Alam and the neighbours Asimuddin, Ansar Ali, Amjad, Abed Ali, Idris Ali, Abdul Jalil, Abdul Khalil raised protests but in spite of their protests, the accused-petitioners went over the disputed land and tried to cut away the paddy and hence there was serious altercation bet......he satisfaction of the Deputy Commissioner, Dinajpur till commencement of the trial of this case before the learned Sessions Judge. Ed. This Case is also Reported in: 42 DLR (HCD) (1990) 394...Category: Criminal Law | Date: | Hits: 74
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Cases Referred to-
Hardit Singh Vs. Gurmukh Singh, AIR 1928 (PC) 1; Abdul Jalil Sikdar and others Vs. Khorshed Ali Dakua and ors. 27 DLR (AD) 143.
Lawyers Involved:
S.R. Pal with Parimal Chandra Guha, Mansur Habib, Advocates—For the Petitioner.
Mashi-ul Islam with Md. Shahidul Islam......lusively possessed the suit land while his two other brothers exclusively possessed their property in India by an amicable arrangement; that by such continued possession of the entire suit land for over 20 years a good title accrued to Dinesh; that Dinesh was very much a citizen of the country at ......isposal in accordance with law and consonant to the observations made by this Court. The parties shall bear their respective costs.
Ed.
This Case is also Reported in: 42 DLR (HCD) (1990) 393.
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Category: Administrative Law | Date: | Hits: 488
Ujjal Hossain (minor) & Others Vs. Firoja Khatun & Others, 1989, 18 CLC (HCD)
....ing them as plaintiffs in the suit. The other plaintiffs also filed an application for substitution of the heirs of deceased plaintiff No.2 after setting aside abatement. The defendants, on the other hand, filed an application for recording an order of abatement as heirs of deceased plaintiff No.2...... considering an application for addition of party by the heirs of a deceased, held as follows:- "It is true that in ordinary circumstances the effect of abatement should not be allowed to be got over by securing an addition of the parties." If the same would be freely permissible then the pr......ners as plaintiffs in the aforesaid suit and also to proceed with the suit in accordance with law. There shall be no order as to costs. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 481...Category: Property Law | Date: | Hits: 98
Parvaj Vs. State, 2012, 41 CLC (HCD)
....utoshe Shome (P.W.1) stated that after ten/fifteen minutes of the altercation, the accused Parvaj, Ahamed Ali, Khokon and another came back. They got on the roof of adjacent house No.14 and threw two hand bombs towards the windows of his house at 9/10, Jadunath Basak Lane (3rd floor). The said bombs......bunal framed charge under section 3 of the Explosive Substance Act against the petitioner and another and proceeded with the trial. Since both the accused were absconding the charge could not be read over to them. 5. Prosecution examined six witnesses in order to prove its case. Of them, the inf......surrender before the trial Court to serve out the remaining period of his sentence. Communicate a copy of the judgment. Mohammad Marzi-ul-Huq J.- I agree. Ed. This Case is also Reported in:..Category: Criminal Law | Date: | Hits: 73
Md. Humayun Shaikh Vs. State, 2011, 40 CLC (HCD)
....crossexamination. P.Ws.2-6 the neighbors, uncle, daughter and son respectively of the deceased victim Rabeya Begum stated that they saw the victim Rabeya Begum and the appellant with a lantern in his hand to go to the house of Habibur Rahman Kha after the evening on 17.1.1988. At about 11/11.30 p.m ......0 p.m in a field near to the house of Khabir Kha. 3. On disclosure of the above facts, the police arrested the appellant and his two friends and produced them before the Court. The police also recovered the dao, by which the appellant had slaughtered the victim Rabeya Begum. On finding of the ab......ny reason to interfere with the same. Accordingly the appeal, having no merit, is dismissed. Send down the lower Court records. Naima Haider, J.- I agree. Ed. This Case is also Reported in:..Category: Criminal Law | Date: | Hits: 125
Md. Shah Alam Vs. State, 2011, 40 CLC (HCD)
.... The criminal appeal is dismissed with alteration and modification. Cases Referred to- Mobarak Hossain Vs. State, 33 DLR 274; 45 DLR 16; Swapon Vs. The State, 1 MLR (HC) 205; State Vs. Balai Chandra Sarker, 47 DLR 467; Sudhir Kumar Das alias Khudi Vs. the State, 60 DLR 261; Shah Alam Vs. The......ating it at per with other simple cases of wife killing. 7. The learned Advocate further submits that according to Medical Jurisprudence and Toxicology, asphyxia exposes some physical indications over and inside the body of a victim. The indications of asphyxia being absent in the victim’s dea......he sentence as altered, if he is not wanted in any other case. Send down the lower Court’s record with a copy of this judgment. Borhanuddin J.- I agree. Ed. This Case is also Reported in:..Category: Criminal Law | Date: | Hits: 114
Md. Saiful Islam alias Maznu Vs. State, 2010, 39 CLC (HCD)
....by hanging. 25. In view of the evidence as discussed above, the prosecution has been able to prove that the appellant had killed the victim at his own house by beating and throttling. On the other hand the appellant failed to offer any explanation as to the cause of the death of his wife, who adm......ions during cross-examinations of some prosecution witnesses, he has not been able to make out a case that the victim committed suicide by hanging. Even he has not been able to cast a shadow of doubt over the prosecution case. Learned Sessions Judge discussed each and every piece of evidence and arr......custody during the trial will be deducted under section 35A of the Code. Send down the lower Court’s records. Mohammad Marzi-ul-Huq J.- I agree. Ed. This Case is also Reported in: ..Category: Criminal Law | Date: | Hits: 110
Adamjee Jute Mills Ltd. Vs. Chairman, Third Labour Court, and another, 1989, 18 CLC (HCD)
.....12.83. 3. The second party-petitioner, the employer, filed a written objection denying the material allegations made in the petition and asserting that the worker-respondent No.2 was caught red handed by Mr. Mansur Ali, the Security Guard of the employer, while he was taking away 3 iron rods......s asked to appear in person before an enquiry committee on 12.11.83. Accordingly he appeared before the enquiry committee with his witnesses but their statements were not properly recorded nor read over to them. The witnesses for the employer were not examined in his presence although his thum......missal of the respondent No.2 is modified to the extent that the dismissal of respondent No.2 be treated as discharge from service. Ed. This Case is also Reported in: 42 DLR (HCD) (1990) 371. ..Category: Labour and Industrial Law | Date: | Hits: 160
Bangladesh Can Company Ltd. Vs. Chairman, Labour Court, Chittagong and others, 1989, 18 CLC (HCD)
.... made absolute without any order as to costs. The impugned order was passed without any lawful authority and is of no legal effect. Ed. This Case is also Reported in: 42 DLR (HCD) (1990) 368. ...... the war of liberation they were serving in the factory of the present petitioner before us and were holding permanent posts on 25.3.1971. During the War of Liberation they failed to report to the Government of Bangladesh at Mujibnagar but abstained from doing their duties under the then Governmen...... made absolute without any order as to costs. The impugned order was passed without any lawful authority and is of no legal effect. Ed. This Case is also Reported in: 42 DLR (HCD) (1990) 368. ..Category: Labour and Industrial Law | Date: | Hits: 268
Rahmania Agencies Ltd. and another Vs. Bangladesh and others, 1989, 18 CLC (HCD)
....ion of the lease-hold plot as described in the lease deed had not been delivered to him and for that reason it was not possible to start construction as per lease deed. The petitioner also prayed for handing over the delivery of the remaining 1 katha 12 chattaks of land. On receipt of the above re......mercial Area, Dhaka measuring 7 kathas and 8 chattaks was allotted to the petitioner on 30.9.63. Thereafter on 8.4.64 a deed of lease for 99 years commending from 29.12.63 was executed between the Governor of erstwhile East Pakistan and the petitioner and the said deed of lease was registered on 1......tion are hereby declared to have been passed without lawful authority and are of no legal effect. There will be no order as to costs. Ed. This Case is also Reported in: 42 DLR (HCD) (1990) 363. ..Category: Property Law | Date: | Hits: 115
Asgar Ali and others Vs. Bangladesh and others, 2003, 32 CLC (HCD)
....n of the elective officers of Managing Board of Bangladesh Red Crescent Society within 45 days from the date of receipt of this order. Ed. This Case is also Reported in: 63 DLR (HCD) (2011) 379. ...... containing schedule of various transactions including election of Vice-President, Treasurer and Members of the Managing Board and that in the midst of the General Meeting respondent No.4 presiding over the General Meeting announced receipt of order dated 30-12-2002 (Annexure-D) indicating that th......al Authority" shall mean and include a Paurashava, Zilla Board, Union Panchayat, Board of Trustees of a port or other authority legally entitled to or entrusted by the Government with, the control or management of a municipal or local fund, or any Corporation or other body or authority constituted..Category: Civil Law | Date: | Hits: 169
KN Enterprise Vs. Eastern Bank Ltd and others, 2011, 40 CLC (HCD)
....to the account of the plaintiff Messrs KN Enterprise with the equivalent amount of Taka of US $ 1,11,000 to which they were legally entitled, but the EBL remained silent till 27-11-1995. On the other hand, the EBL wrote letters to Messrs Victory Jute Products Ltd, Ispahani Building, Agrabad Commer......nt of the export bills in the name of the plaintiff Messrs KN Enterprise has been realized by the EBL from ABN-AMR.O Bank, Rotterdam, Netherlands and, as such, Messrs KN Enterprise acquired the title over the amount. Hence, the suit. 7. The defendant Nos. 1-3 contested the suit by filing a joint ...... Joint District Judge, Arbitration Court, Dhaka, in Money Suit No.8 of 2005 is hereby affirmed. Send down the lower Court's record. Ed. This Case is also Reported in: 63 DLR (HCD) (2011) 370...Category: Civil Law | Date: | Hits: 212
Abul Kashem & another Vs. State, 1990, 19 CLC (HCD)
.... which is two miles from the place of occurrence at 00.05 hours on 18.4.1986. On receipt of the written FIR the Officer-in-Charge of the Police Station filled in the FIR form and started the case and handed over investigation of the case to Md. Shiraj Miah, Sub-Inspector of Keshabpur PS who proceede......is two miles from the place of occurrence at 00.05 hours on 18.4.1986. On receipt of the written FIR the Officer-in-Charge of the Police Station filled in the FIR form and started the case and handed over investigation of the case to Md. Shiraj Miah, Sub-Inspector of Keshabpur PS who proceeded to th......ng the two accused for the murder though none witnessed the murder of deceased Ashraf Ali. In that case the motive of murder was shown to be deprivation of the accused Lalu by the deceased from the management of the property of one Afsa Khatun who was owner of vast properties and who married the d..Category: Criminal Law | Date: | Hits: 147
Rahmatullah (Md.) Vs. Commissioner of Taxes, 2000, 29 CLC (HCD)
.......Applicant Vs. Commissioner of Taxes ...................................Respondent Judgment October 20, 2000. Result: The Application is not allowed. Cases Referred to- Dulichand Omprakash Textile Company Vs. The Commissioner of Taxes WB III; CIT Vs. Durgaprasad More (1971)......gedly had been advanced by those three creditors. The learned Advocate then submits that the DCT committed an illegality in rejecting the rest of the loan amount. 8. In order to determine the controversy that is raised in this case we are to see what are the legal requirements to substantiate a l......, we answer the question in the affirmative and against the assessee and in favour of the Revenue. There will be no order as to costs. Ed. This Case is also Reported in: 55 DLR (HCD) (2003) 483...Category: Fiscal/Taxation Law | Date: | Hits: 200
Bangladesh Vs. Waker Ahmed and others, 1995, 24 CLC (HCD)
.... Pamulapati Varadayya Vs. Kommareddi Chinnappare Chinnappareddi and another, AIR 1956 Andhra Prodesh 64. Lawyers Involved: AK Badrul Huq, Advocate - For the Respondent No.8 Petitioner. NH Khandker, Advocate ‑ For the Respondent No.1 Opposite Party. First Appeal No.73 of 1994. Jud...... Subordinate Judge, Dhaka arising out of the Judgment and decree dated 28.4.93 passed in Title Suit No.17 of 1992 by the same Court out of which First Appeal No.73 of 1994 preferred by the defendant Government defendant No.1 and another is pending in this Court. 2. Facts stated in the application......se at this stage on this belated application of the defendant‑respondent‑petitioner. The application is accordingly rejected. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 211. ..Category: Limitation Law | Date: | Hits: 211
Moktar Hossain Vs. Budhi Bala Dashi, 1994, 23 CLC (HCD)
....eft by him was inherited by his surviving wife. After the death of the wife an application for granting letters of administration was filed to grant letters of administration to the estate of Harish Chandra, the original owner. It was argued in that case that the estate of Harish Chandra was fully a...... forward by him. The decision is other way round. There the issue was whether the petitioner would apply for grant of letters of administration in respect of the part of the property of the deceased covered by the Will and it was argued that the application was not in proper form inasmuch as an inve...... of Mr. Amin is sustainable in law and they have no legs to stand upon. The result is that the appeal is dismissed without cost. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 202. ..Category: Property Law | Date: | Hits: 183
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