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Misir Ullah (Md) Vs. Syed Khalilullah Malek others, 1995, 24 CLC (HCD)
....ase is sent back to the District Judge Moulvi Bazar for re‑consideration and the Rule is made absolute without any order as to costs. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 117.......s, the false case of the plaint is liable to be dismissed with Cost. 7. The learned Subordinate Judge by his Judgment and decree dated 31.5.86 dismissed the suit on contest against the defendants, holding the suit to be not maintainable. 8. From the Judgment and decree dated 31.5.86 of the Sub..Category: Trust/Waqf Law | Date: | Hits: 181
Ajit Kumar Sarkar and others Vs. Radhakanta Sarkar and others, 1992, 21 CLC (HCD)
....oner led us through the petition of complaint wherein it is specifically alleged that accused‑petitioner No.2 in collusion with her husband petitioner No.1 got her name mutated with respect to, the disputed land in pattan Case No.323/90‑91 at the Sholo Dana Revenue Office producing the aforesaid...... by the Appellate Division in above decision reported in BCR 1987 (AD) 152, we hold that the Revenue Officer dealing in mutation of the name in the record of rights is also a Revenue Court. As we are holding this view relying upon the above decision of the Appellate Division, we need not refer this ..Category: Criminal Law | Date: | Hits: 142
Nurul Huda Vs. Bahar Uddin & others, 1989, 18 CLC (HCD)
....of the Code in the then East Pakistan Act No. XXXVI of 1957, noted above, may take appropriate steps in the matter, if it so desires. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 395. ......, Sadar, Noakhali who was deemed to be an Additional Sessions Judge by virtue of the proviso to sub-section (3) of section 9. He discharged the same by the impugned judgment and order dated 27.11.83, holding that he found no procedural illegality in the final order of the learned Magistrate. 5. T..Category: Criminal Law | Date: | Hits: 158
Shawai @ Mohammad Hussain & others Vs. State, 1989, 18 CLC (HCD)
....al Code. 3. Defence case as it appears from the trend of cross-examination of the prosecution witnesses is that there was long standing enmity between the parties regarding the possession of the disputed land. Further case of the defence is that Sona Miah being a thief might have been killed by......Khurshed and Sujan their appeal is dismissed and order of conviction is modified as indicated above but the sentence is maintained. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 373. ..Category: Criminal Law | Date: | Hits: 128
Syed Ashfaque Hossain & others Vs. Bangladesh, 1989, 18 CLC (HCD)
....cessary to quote the other provisions of section 143A. 28. Section 143A was omitted by Ordinance No. LXIV of 1975. 29. The respondent Nos.4-6 and their predecessors, claiming as they do the disputed property as their ancestral property from time immemorial, had a remedy from 1965-1975 to f......erical mistakes and by incorporating therein the changes on account of- (a) the mutation of names as a result of transfer or inheritance; (b) the subdivision, amalgamation or consolidation of holdings; (c) the new settlement of lands or of holdings purchased by the Government; and (d..Category: Property Law | Date: | Hits: 129
Abdul Khaleque and others Vs. State, 1988, 17 CLC (HCD)
....et the appellant Nos.1 and 2 be set at liberty if not wanted in any other case and the appellant No.3 be discharged from her bail bond. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 349.......r and came back after the occurrence with his grand-father. On his arrival he found his mother lying dead in the west bhiti hut. He also said that his grand-mother asked him and his sister not to cry holding out threat to them. P.W.2 Diba and P.W.3 Bacchu Miah in their evidence has narrated certain ..Category: Criminal Law | Date: | Hits: 101
....nd the Judgment and decree passed by the trial Court are hereby affirmed.
Send down the LC records immediately to the trial Court.
Ed.
This Case is also Reported in: 48 DLR (HCD) (1996) 193.
......It is their case that this Ram Chandra Paul, the vendor of the plaintiff, was the owner, no doubt, but he left this country in 1053. Thereafter, one Abdul Kader, a non local, had been residing in the holding with his family and also inducted some other persons in the suit holding as his tenants with..
Category: Property Law | Date: | Hits: 134
Muslim Halder (Md.) Vs. Hajrat Ali Halder & others, 1995, 24 CLC (HCD)
....nted earlier by the Court on 19.9.1985 is hereby vacated. No order as to costs. Send down the records to the Courts below at once. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 175. ...... shall hereinafter be called the Act.) 2. Opposite parties 1 and 2 brought the case for pre‑emption within the statutory period of limitation on the ground that they are co‑sharers in the case holding. The case land was transferred by the opposite party 3 to stranger opposite party 1 on 13.7...Category: Property Law | Date: | Hits: 106
Hafiz Ahmed Vs. Ahmedur Rahman and others, 1995, 24 CLC (HCD)
....mptee who failed to resist pre‑emption in both the Courts below under section 96 of the State Acquisition & Tenancy Act (which shall hereinafter be called the Act). 2. Nazamat Ali gifted the disputed land including his homestead measuring 0.70 acres to his daughter‑in‑law (son's wife) t...... Registration Act on 17.9.80. The former document was so endorsed on 3.12.80. Opposite party No.1 Ahamedur Rahman filed the pre‑emption case on 30.3.81 claiming himself as a co‑sharer in the case holding both by inheritance and purchase and also as owner of the contiguous land. 3. Opposite pa..Category: Property Law | Date: | Hits: 127
Nazrul Islam and others Vs. State, 1999, 28 CLC (HCD)
....is directed to proceed with the case in accordance with law and dispose of the same expeditiously. Send down the LC records at once. Ed. This Case is also Reported in: 51 DLR (1999) (HCD) 368.......is insertion of section 5A that the intention of the legislature was to extend the time limit for investigation. In the Criminal Law Amendment Act, 1958, there is no special or separate provision for holding investigation. Under sub-section (6) of section 5 of the Criminal Law Amendment Act, 1958 a ..Category: Criminal Law | Date: | Hits: 108
Bangladesh General Insurance Co. Ltd. Vs. Chalna Marine Products Co. Ltd., 1999, 28 CLC (HCD)
....sult, the FA No.129 of 1995 is dismissed without any order as to costs. Send down the lower Court records of both the suits at once. Ed. This Case is also Reported in: 51 DLR (1999) (HCD) 357.......esses each in the case and also produced a good number of documents and admitted those documents in evidence marking as exhibits. 6. The trial Court after hearing the case decreed the suit in full holding that: “So considering the above facts and circumstances I am of the opinion that public..Category: Business or Commercial Law | Date: | Hits: 522
Sona Mia Vs. Md. Zakaria & others, 1988, 17 CLC (HCD)
.... is quashed. But this will not debar the competent Court to make any complaint in accordance with law if it is thought to be necessary. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 433.......issed Title Suit No.482/84. Thereafter the learned Additional District Judge, 1st Court Dhaka also dismissed the appeal on 21.7.86 preferred by the accused persons (being Title appeal No.151 of 1985) holding that the bainapatra is forged and fabricated. T.S. No.481 and T.S.482 of 1984 were tried ana..Category: Criminal Law | Date: | Hits: 107
Abul Hashem Khan & others Vs. Md. Shamsuddin Khan & others, 1989, 18 CLC (HCD)
....em. In the face of our findings in respect of Ext. W and Z series the application is not maintainable. Accordingly, it is rejected. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 415.......the suit is not convincing, that no evidence was adduced by the defendants that plaintiffs were friendly with defendants, etc. On the above findings the learned Subordinate Judge decreed the suit holding that all the issues were in favour of the plaintiffs. Against the judgment and decree of t..Category: Business or Commercial Law | Date: | Hits: 349
Khan Md. Ruhul Amin Vs. Chairman, Labour Court, Khulna and others, 1990, 19 CLC (HCD)
.... case be taken as a bar in that regard. With the above observations this Rule is discharged without, however, any order as to costs. Ed. This Case is also Reported in: 51 DLR (1999) (HCD) 347.......plated in section 2(XXVIII) of the said Ordinance. Ultimately, the said Labour Court on consideration of the materials on record, by the impugned judgment and order dated 10-11-85 dismissed that case holding, that the petitioner being an Assistant Teacher of the Crescent High School is an employee o..Category: Labour and Industrial Law | Date: | Hits: 184
Serajul Islam and others Vs. State, 1994, 23 CLC (HCD)
....acquitted and be set at liberty forthwith, if not wanted in connection with any other Case. Send down the record of the case at once. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 165. ......tion without cross-examination by the defence. 6. P.W.14 Dr. Golam Mohiuddin Faruque, Medical Officer at Peni Hospital, has proved the post mortem report prepared by Dr. Ramandra Rajjan Taka after holding post mortem examination on the dead body of Waliullah on 10.1.89 because he was out of Bangl..Category: Criminal Law | Date: | Hits: 147
Abdul Kader Vs. Abdullah and others, 1998, 27 CLC (HCD)
.... Commissioner (Revenue) and Divisional 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 set......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)
....e without a lawful authority and of no legal effect. 7. The respondent No.1 contested the Writ petition by filing affidavit-in-opposition. It is stated that the petitioner was in possession of the disputed land by p from CS recorded 8 annas owner Nazar Bibi of plot No.1009 to the extent of 0.06 a...... 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)
....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.......learned Advocate appearing for the petitioner, has submitted that the Court below erred in law in rejecting the application under Order 21 rule 29 read with section 151 of the Code of Civil Procedure holding the said application ought to have been made in execution case itself ignoring the true impo..Category: Procedural Law | Date: | Hits: 178
....ismissed without any order as to costs. The judgment and decree passed by the trial Court is upheld.
Send down the record at once.
Ed.
This Case is also Reported in: 51 DLR (HCD) (1999) 412.
......gainst this judgment and decree, defendant No.1 has preferred this appeal.
4. Mr. MI Farooqui, learned Advocate for defendant No.1 appellant, has submitted that the Court below erred in law in not holding that the suit was not properly constituted because the Government, though a necessary party,..
Category: Property Law | Date: | Hits: 120
Sheikh Ahmed & others Vs. Abdul Alim, 1988, 17 CLC (HCD)
....ess from the land in dispute. 3. The petitioners who are the defendants filed written statement contending, inter alia, that the suit land belonged to their father Md. Ishaque and on his death the disputed land devolved upon them and his step-brother Kamaluddin the vendor of the plaintiff. Their ......l in proving his case of exclusive possession. No doubt the question of title may be looked into incidentally but decision on title in a suit for permanent injunction is not guiding principle for holding that the suit is not maintainable without partition suit. Where a plaintiff purchases the ..Category: Property Law | Date: | Hits: 95
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