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Shahid Hamid and another Vs. Nilufar Momtaz and anothe, 2011, 40 CLC (AD)
.... Court can not adjudicate upon a dispute before adjudicating the same under the Arbitration Act. 18. The High Court Division set aside the judgment and decree of the learned Joint District Judge holding that on the plea of implied bar the plaint could not be rejected and that the suit should or......1995 and constructed a multistory building thereon. Subsequently, defendant No.1 orally gifted the 5th floor out of the 'Ka' schedule property on 11-3-2005 in presence of three witnesses and handed over possession thereof to the plaintiff. Subsequently, in recognition of the oral gift, defendant N..Category: Property Law | Date: | Hits: 81
Mantu Faraji alias Jamal Faraji and others Vs. Mahiuddin Khan, 1996, 25 CLC (HCD)
....The opposite party No.1 filed an application under section 96 of the State Acquisition and Tenancy Act against the present petitioners and others to pre-emption the case land as co-sharer of the case holding. The case was resisted by the pre-emptee petitioners denying the material allegations made i...... land and, as such, an application under section 96 of the State Acquisition and Tenancy Act (hereinafter referred to as the Act) is misconceived and not maintainable in law but both the Courts below overlooking this legal aspect of the case allowed the case illegally and the same has caused an erro..Category: Property Law | Date: | Hits: 70
NFM Universeum Estate Ltd. Vs. ANM Obaidul Islam and others, 2004, 33 CLC (HCD)
....dispossessed the plaintiff in 1992. 26. Syed Md. Delawar Hossain was examined as Advocate Commissioner. He deposed that he was the member of Dhaka Bar and appointed an Advocate Commissioner. After holding investigation he submitted his report dated 12‑5‑98. 27. Abdul Awal Minto on behalf o......35 of 1997, which decreed the suit. 2. One ANM Obaidul Islam, predecessor-in-interest of respondent Nos. 1 to 8 as plaintiff instituted title Suit No. 120 of 1992 for declaration of title and recovery of possession of the suit land measuring about 51 decimals, which was fully described in the s..Category: Property Law | Date: | Hits: 85
Sonali Bank Vs. Mahbubul Amin & others, 1989, 18 CLC (HCD)
....n that reported decision their Lordships of the Appellate Division on a different consideration reduced the quantum of interest. In the present case interest having been awarded there is no scope for holding that the interest has been refused from the filing of the suit. 13. From Order No.1 it ap......6241. By Order No.66 dated 23.12.86 the Court permitted the plaintiff to draw the amount and the money was withdrawn by the plaintiff. Thereafter the decree-holder filed the Execution case for recovery of Tk. 76,361.25 as interest @ 15% for the period from the institution of the suit till realis..Category: Procedural Law | Date: | Hits: 74
Abdus Samad & others Vs. State, 1989, 18 CLC (HCD)
.... petition was duly preferred before the Federal Court and his Counsel appeared on petitioner's behalf. Their Lordships of the Federal Court however, dismissed the petition for special leave to appeal holding that the Court would not act in aid of a person who was a fugitive from justice. It was held......rned Court was pleased to dismiss the appeal by his order dated 30.8.86. Thereafter, this revisional application was moved before this Court and the Rule was obtained on 22.9.86 from a Bench presided over by M. Sohrab Ali J when pending hearing of the Rule the realization of fine was stayed which is..Category: Criminal Law | Date: | Hits: 95
M. M. Rafiqul Hyder Vs. The State, 1988, 17 CLC (HCD)
....l Court No. XVI for disposal. Mr. Kazi Gholam Rasul, Special Tribunal Court No.XVI received the Case on 6.11.86. 4. Mr. Sheikh Rezwan Ali, Special Tribunal No.XVI, Dhaka (constituted specially for holding trial of smuggling cases) on 5.3.87 framed charge under section 156 (8) read with section 25...... Hossain, Deputy Collector of Customs about his suspicion. The said Deputy Collector directed that the bag in question should be searched in his room. During the search 31 pieces of gold bars were recovered from the false pocket of the said bag. Each gold bar weighed 10 tolas. Other small items were..Category: Criminal Law | Date: | Hits: 87
Md. Osman Vs. Fatema Khatoon & others, 1989, 18 CLC (HCD)
....etermining the tenancy. The plea of bona fide requirement of the premises was false as the plaintiff had many other residential houses in the town. 4. The learned Munsif decreed the suit in part holding that the defendants were defaulters and the plaintiff was entitled to get Tk.192/- as arrear......section 2 of the President's Order No.12 of 1972 and section 4 of the Order has no role to play in this case. In this respect the decision reported in 8 DLR 272 may profitably be referred to. Moreover, the intention of the law makers to promulgate the Order was to enable persons to institute any..Category: Property Law | Date: | Hits: 66
Basiran Bewa Vs. State, 2004, 33 CLC (HCD)
....to take cognizance of an offence against any accused; that their power is strictly limited to directing further enquiry and that it is the Magistrate concerned to take or not to take cognizance after holding further enquiry. 10. Thus it is well settled that the Sessions Judge cannot direct the Ma......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
Rahima Khatun Vs. Md. Nurul Hoque & others, 1996, 25 CLC (HCD)
....usal of the impugned order it appears that the contention raised by the plaintiff petitioner before this Court were also agitated before the trial Court and the trial Court repelled their contentions holding that the opposite party Nos. 1-9 as legal representatives of deceased defendant No.18 are ve......ed him from pursuing” and their Lordships further observed that the decision reported in (1899) 21 All 274 is no more good law in view of the provisions of section 146 which was clearly enacted to cover a case like this. 10. Mr. Miah relied on this case and distinguished the present case on the..Category: Procedural Law | Date: | Hits: 67
....h khatians as khatian numbers 977 or 978 and also found that at the relevant time Pulin Behari had no land at Baukhola Mouza.
20. Now it is to be considered how far the appellate Court is right in holding that since the plaintiff has failed to file a separate suit for the rectification of the dee...... of the Pulin Bihari Paul, the vendor of the plaintiff. And after the said purchase plaintiff’s name was duly mutated in the record of right and since then he had been regularly paying rent to the Government. The plaintiff thereafter came to know that the defendant No.1, the Assistant Custodian of..
Category: Property Law | Date: | Hits: 56
Nirman International Ltd. Vs. Islam Steel Mills Ltd. and others, 1997, 26 CLC (HCD)
....aterial to hold that the appellant has motive to delay the execution of the decree. He further argued with reference to Order 38 rule 8 CPC that where a claim to the property attached is made without holding investigation the order of attachment cannot be set aside as the same requires investigation......hem the respondent 1 agreed to accept Taka 4,31,46,544.61 and waived the claim for interest. But as the appellants did not pay the said money within the time fixed the respondent 1 was entitled to recover the outstanding balance with interest the business loss. The respondent on 14-8-95 demanded pay..Category: Procedural Law | Date: | Hits: 118
Nurul Islam and others Vs. Khatibuddin Ahmed and others, 2004, 33 CLC (HCD)
....nal District Judge, 2nd Court, Dinajpur in Miscellaneous Appeal No. 66 of 2003 allowing the application under Order XXXIX, rules 1 and 2 of the Code of Civil Procedure restraining the defendants from holding election of Dinajpur Bar Association on the basis of the amended Constitution of the said As......e ad-hoc Committee adopted at the request and demand of the members of the Bar Association in a properly called and attended General Meeting of the general members of the Bar held on 14‑9‑03 with over 2/3rd majority and there was no illegality in holding the meeting or lack of quorum of the meet..Category: Civil Law | Date: | Hits: 74
Naogaon Rice Mills Ltd. Vs. Pubali Batik Ltd., 2002, 31 CLC (HCD)
....ation to a proceeding before the Civil Court. The learned Advocate for the petitioner submits that in the instant case, the Artha Rin Adalat clearly erred in law in passing the impugned order without holding the mandatory preliminary enquiry and the same has occasioned failure of justice and, conseq......y for the appearance of the accused before such Magistrate or if the alleged offence is non-bailable may, if it thinks necessary to do so, send the accused in custody of such Magistrate, and may bind over any person to appear and give evidence before such Magistrate. 7. Now, the only question tha..Category: Criminal Law | Date: | Hits: 82
....ng defendant No.1 examined one witness namely DW-1.
5. The trial Court after closing of the evidence and hearing argument of the parties by his judgment and decree dated 8.11.2001 decreed the suit holding that the plaintiffs have been succeeded to prove their right and title in the suit land on t......ord be sent down at once.
Ed.
This Case is also Reported in: 16 MLR (HCD) (2011) 49...
Category: Property Law | Date: | Hits: 64
Md. Mosharaf Hossain Sukani Vs. State and another, 2009, 38 CLC (HCD)
....ge. It is held in the case of State of Maharashtra Vs. Ishwar Piraji Kalpatri 1995 (4) Crimes 769 (771) (SC) that when FIR discloses a strong prima facie case against the petitioner for which without holding trial his innocence cannot be proved by an application under section 561A of the Code. The C......investigation of the case by RAB and the learned Court vide order dated 06.10.2005 allowed the said application and withdrew the investigation from CID and directed the Rapid Action Battalion to take over the investigation of the case. 8. The accused petitioner preferred a Criminal Revisional app..Category: Criminal Law | Date: | Hits: 76
Adilur Rahman Khan Vs. Bangladesh, 2008, 37 CLC (HCD)
....ispensation of justice other than the judiciary system and under Part-VI Article 94 to Article 117 of the Constitution empowers the Supreme Court and the Subordinate Court under the Supreme Court for holding trial in accordance with law of the offences made by the offenders. But upon close interpret......e Rule is made absolute. Cases Referred To- Bangladesh, represented by the Secretary, Ministry of Establishment Vs. Shafiuddin Ahmed and two others, 50 DLR (AD) 27; Anwar Hossain Chowdhury Vs. Government of the People's Republic of Bangladesh, represented by the Secretary, Ministry of Law and ..Category: Constitutional Law | Date: | Hits: 264
....s would not exonerate the plaintiffs from giving account of the wanting, scraps as they were in actual physical possession of the plaintiffs.
43. The trial Court therefore fell in serious error in holding the bank liable for the missing scraps. In the absence of any evidence whatsoever that the p......uee Property and others, 17 DLR (SC) 126; Abdul Gafur Vs. Chief Settlement Commissioner and another, [1985] XVIII SCMR 464; Chairman, BTMC Vs. Nasir Ahmed, 7 BLC (AD) 144; Konda Lakshmana Bapuji Vs. Government of AP, (2002) 3 SCC 238; Kewal Singh Vs. Lajwanti, (1980) 1 SCC 290; Sibtain Fazil Vs. Sta..
Category: Civil Law | Date: | Hits: 92
Abdullah (Md) and others Vs. Majibul Huq and others, 2003, 32 CLC (HCD)
....us an application was filed accordingly. 6. The learned Assistant Judge, upon hearing the parties and perusing the said application, was pleased to reject the same by his order dated 29‑4-2001 holding that the plaintiffs will be able to prove their case upon obtaining and filing the certified......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. ..Category: Civil Law | Date: | Hits: 75
IFIC Bank Ltd. and others Vs. Beximco Holdings Ltd. and others, 2004, 33 CLC (HCD)
....ion for temporary injunction is also dismissed. Connected Civil Rule No. 654 (FM) of 2004 is accordingly disposed of. Communicate at once. Ed. This Case is also Reported in: 57 DLR (2005) 154....... the principal amount. 8. By impugned order, learned Joint District Judge held that he was satisfied that the plaintiff made out a good prima facie case for trial and the defendants failed to controvert by any papers in showing that the plaintiffs did not pay more than 300 percent of the principa..Category: Civil Law | Date: | Hits: 71
Safiqur Rahman (Md.) and others Vs. Ambia Khatoon and others, 2004, 33 CLC (HCD)
....s.8‑24 as other opposite parties in the 2nd Court of the Subordinate Judge, Noakhali claiming pre‑emption of the case land alleging, inter alia, that the pre‑emptors are co-sharers, in the case holding by purchase and what one Md. Anisul Hoque, another co-sharer transferred the case land in fa...... Case No.5 of 1998 as passed at the time of the issuance of the Rule for a period of 3(three) months and subsequently extended is vacated. Ed. This Case is also Reported in: 57 DLR (2005) 143. ..Category: Property Law | Date: | Hits: 52
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