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....ainst a judgment of a bench of the erstwhile High Court of East Pakistan, dismissing a writ application made by Mr. M.H. Khandker, the appellant, who happens to be a lesÂsee of a residential plot of land under the Government at Dhanmandi Residential Area in the, city of Dacca, by which the validity......d ABM Husain CJ
Debesh Chandra Bhattacharya J
Fazle Munim J
M H Khandker, Advocate……………………………………………Appellant
Vs.
Bangladesh (forÂmerly Province of East Pakistan) & another..........Respondents
Judgment
July 27, 1977.
Result:
The ap......however, be no order as to costs.
Ed.
This Case is also Reported in: 30 DLR (AD) (1978) 1.
......il)
Present:
Syed ABM Husain CJ
Debesh Chandra Bhattacharya J
Fazle Munim J
M H Khandker, Advocate……………………………………………Appellant
Vs.
Bangladesh (forÂmerly Province of East Pakistan) & another..........Respondents
Judgment
July 27, 197..
Category: Property Law | Date: | Hits: 114
Mokbul Hossain and others Vs. State, 2011, 40 CLC (HCD)
....amined the appellants under section 342 of the Code of Criminal Procedure, to which they reiterated their innocence, and in addition appellant No.1 stated that he was a simple farmer owning some agro land. The police had arrested him on 4.7.1992 and took him on remand for five days. The Investigatin......Md. Ruhul Quddus J Mokbul Hossain and others ........Appellants Vs. The State...............................Respondent Judgment April 19, 2011. Result: The appeal is allowed. Case Referred to- State Vs. Manu Miah, 54 DLR (AD) 60. Lawyers Involved: No one appears - fo...... imprisonment for six years with a fine of Taka two thousand for each in default to suffer rigorous imprisonment for three months more. 2. Facts relevant for disposal of the appeal, in brief, are that one Md. Abdul Hakim as informant lodged an ejahar with Nandigram Police Station, Bogra on 13.9.1........................Respondent Judgment April 19, 2011. Result: The appeal is allowed. Case Referred to- State Vs. Manu Miah, 54 DLR (AD) 60. Lawyers Involved: No one appears - for the appellant. Salma Rahman, Assistant Attorney General - for the respondent. Criminal Appe..Category: Criminal Law | Date: | Hits: 105
State Vs. Jahangir Mallik, 2008, 37 CLC (HCD)
....nd Jail Appeal are taken up together for disposal by this judgment. 3. Prosecution case, in short, is that, on 19-4-2000 at 5.00 AM while the victim Ansar Mallik was supervising cultivation of his land, accused persons armed with ramdao, Sena, Gascata dao and sticks suddenly attacked him; that he...................Appellant Vs. Jahangir Mallik................Condemned Prisoner Judgment December 1, 2008. Result: The Death Reference is rejected and the Jail Appeal is dismissed. Cases Referred to- Abdul Hai Sarker Vs. State, 43 DLR (AD) 95; Abdul Quddas Vs. State, 43 DLR (AD)......f 2005 have arisen out of same judgment and order dated 27-4-2005, hence the Death Reference and Jail Appeal are taken up together for disposal by this judgment. 3. Prosecution case, in short, is that, on 19-4-2000 at 5.00 AM while the victim Ansar Mallik was supervising cultivation of his land, ......R (AD) 95; Abdul Quddas Vs. State, 43 DLR (AD) 234; Abdus Sukur Miah Vs. State, 1996 BLD 337 = 48 DLR 228; Nawsher Ali Vs. State, 39 DLR (AD) 194. Lawyers Involved: Umme Kulsum Begum, Deputy Attorney General with SM Shajahan Kabir, Assistant Attorney General and Nusrat Alam Chisty, Assistant A..Category: Criminal Law | Date: | Hits: 87
Hasen Ali and others Vs. Rustom Ali and others, 2009, 38 CLC (HCD)
.... No. 17 of 1994 whereby the suit was dismissed. The plaintiff-appellants filed the concerned suit for partition of the scheduled property. 2. The plaint case is, that the original owners of the land appertaining to CS khatian No. 62 were Safarunessa, Ayeb Ali, Amsory Bibi and Jobirar Nessa and......ce. Ed. This Case is also Reported in: 15 BLC (HCD) (2010) 54. ......st Court, Gazipur in Title Suit No. 17 of 1994 whereby the suit was dismissed. The plaintiff-appellants filed the concerned suit for partition of the scheduled property. 2. The plaint case is, that the original owners of the land appertaining to CS khatian No. 62 were Safarunessa, Ayeb Ali, Am....................Appellants Vs. Rustom Ali and others..................Respondents Judgment August 11, 2009. Result: The appeal is allowed. Case Referred to- Firoja Mazib Vs. JB Corporation, 39 DLR (AD) 78. Lawyers Involved: Abdul Wadud Bhuiyan with SRM Lutfor Rahman Akhan..Category: Property Law | Date: | Hits: 71
State Vs. Anwar Hossain and others, 2008, 37 CLC (HCD)
.... sentenced to imprisonment for life. The jail appeals are accordingly, disposed of. Send down the lower Court's records at once. Ed. This Case is also Reported in: 15 BLC (HCD) (2010) 1. ...... ATM Fazle Kabir J State………………………Appellant Vs. Anwar Hossain and others.............Respondents Judgment August 21, 2008. Result: The appeals are dismissed. Cases Referred to- Anisur Rahman Vs. State, 1986 BLD (AD) 79 = 1986 BCR (AD) 157; Billat Vs. Sta......he judgment and order dated 13-2-2005. In addition to the sentence of death those convicts were also sentenced to pay a fine of Taka 25,000 each. 2. Challenging the legality and propriety of that judgment and order of conviction and sentence condemned prisoner Gobinda preferred Criminal Ap......94 BLD 33; State Vs. Babul Hossain, 52 DLR 400; Sanwar Hossain Vs. State, 45 DLR 489; Syed Nazakat Hossain alias Ujjal Vs. State, 48 DLR 139. Lawyers Involved: Md. Shafiqul Alam, Assistant Attorney General - For the State Appellant. Abdul Malek, with SM Shahjahan and AM Aminuddin, Advocat..Category: Criminal Law | Date: | Hits: 67
Engineer A. B. Siddique Vs. Kazi Akramuddin and others, 2011, 40 CLC (AD)
....eading to the filing of this petition for leave to appeal, in short, are as follows: On 16.09.2000, writ-petitioner filed an application to writ-respondent No.1 for allotment of about 3 kathas of land appertaining to R.S. Plot Nos.1101 (part) and 1435 (part) of Chittagong Agrabad Commercial Area......gineer A. B. Siddique…………………….......Petitioner Vs. Kazi Akramuddin and others……………………Respondents Order August 23, 2011. Result: Leave is granted. Cases Referred to- Shahjadi Begum and others Vs. Mirza Gias Uddin, 21 BLD (AD) 59; Chairman of Civ...... of the value of the allotted land, vide Chalan No.Ta-2 dated 5.8.2001 with Chittagong Branch of Bangladesh Bank. In respect of the allotted land Other Class Appeal No.311 of 1991 was filed by Amena Khatun and others and the said appeal was dismissed for default. Against the said order of dismissal ......¦â€¦â€¦Respondents Order August 23, 2011. Result: Leave is granted. Cases Referred to- Shahjadi Begum and others Vs. Mirza Gias Uddin, 21 BLD (AD) 59; Chairman of Civil Aviation Authority of Bangladesh Vs. Kazi Abdur Rouf and others, 46 DLR (AD) 145. Lawyers Involved: T. H. K..Category: Property Law | Date: | Hits: 79
Kafiluddin (Md.) Vs. Sukkur Ali Mia, 1996, 25 CLC (HCD)
....ct but it as a matter of fact was not so and as such the Executing Court ought to have accepted the application filed by his client got to execute the decree by delivery of possession of the disputed land in execution of the decree. But the learned Advocate neither could place anything before me to ......ahmudur Rahman J Kafiluddin (Md.)………………..Petitioner Vs. Sukkur Ali Mia……………..Opposite Party Judgment August 20, 1996. Result: The Rule is discharged. Case Referred to- Maksud Ali and another Vs. Eskandar Ali, 28 DLR (AD) 99. Lawyers Involved: ......considered the objection filed by the present petitioner not to execute the decree by delivery of possession rejected the application leading to issuance of the present Rule. 3. It is settled law that the executing Court cannot go beyond the decree and cannot question about the nature of the suit...... Judgment August 20, 1996. Result: The Rule is discharged. Case Referred to- Maksud Ali and another Vs. Eskandar Ali, 28 DLR (AD) 99. Lawyers Involved: Azizul Hoque, Advocate - For the Petitioner. Not Represented - For the Opposite Party. Civil Revision No. 430 of 1992...Category: Civil Law | Date: | Hits: 86
....ion filed under section 3(3) of the Ordinance by the Chittagong Port Authority before the ‘Authorised Officer’ prescribed by the Ordinance seeking eviction of the respondent Nos. 1 and 2 from the land claimed to belong to the Chittagong Port Authority.
2. Facts, in short, as stated in the wri......gal effect.
Ed.
This Case is also Reported in: 50 DLR (HCD) (1998) 195.
......pecial Original Jurisdiction)
Present:
Md. Ruhul Amin J
Md. Iftikhar Rasool J
Chairman, Chittagong Port Authority Bandar Bhaban, Chittagong...................Petitioner
Vs.
Khadiza Khatun and others.......................Respondents
Judgment
February 18, 1998.
Result:
......s also Reported in: 50 DLR (HCD) (1998) 195.
..
Category: Property Law | Date: | Hits: 103
....udgment
November 5, 1997.
Result:
The Rule is discharged.
The State Acquisition and Tenancy Act, 1950 (Act No. XXVII of 1951); section 96
The period of ignorance as to the sale of a land sought to be pre-empted can not extend to 12 years when the pre-emptee had been cultivating the......se is also Reported in: 50 DLR (HCD) (1998) 55; 50 DLR (HCD) (1998) 193.
......as pre-emptors filed a case under section 96 of the State Acquisition and Tenancy Act, 1950 in the Court of the Assistant Judge, Bauphal being Miscellaneous Case No.66 of 1984, alleging, inter alia, that Abul Hossain and Ful Bibi were the owners of the case land. After the death of Ful Bibi her heir......……Opposite Parties
Judgment
November 5, 1997.
Result:
The Rule is discharged.
The State Acquisition and Tenancy Act, 1950 (Act No. XXVII of 1951); section 96
The period of ignorance as to the sale of a land sought to be pre-empted can not extend to 12 years when the pre-empt..
Category: Property Law | Date: | Hits: 78
.... instituted a suit in the 3rd Court of Munsif Dhaka being Title Suit No.732 of 1981 subsequently re-numbered as Title Suit No.153 of 1984 before Munsif, Savar for declaration of his title in the suit land measuring 0.82 acre of nal land as recorded in CS Plot No.787 under CS Khatian No.137/24 corres......t Properties (L&B) and Additional Deputy Commissioner (Revenue), Dhaka and others....................Opposite Parties
Judgment
November 3, 1997.
Result:
The Rule is made absolute.
Cases Referred To-
Abul Khair Vs. Bangladesh and others, 32 DLR (AD) 29; Nitya Gopal Roy Barman Vs......f 1981 subsequently re-numbered as Title Suit No.153 of 1984 before Munsif, Savar for declaration of his title in the suit land measuring 0.82 acre of nal land as recorded in CS Plot No.787 under CS Khatian No.137/24 corresponding to SA Plot No.198 under SA Khatian No.198 and RS Plot Nos. 1194 and 1...... Upazila Nirbahi Officer and another, 46 DLR 136; Additional Deputy Commissioner (Rev) Narayanganj Vs. AKM Latiful Karim and others, 17 BLD (HCD) 249.
Lawyers Involved:
SR Karmaker, Advocate - For the Petitioner.
Md. Shahidul Alam Chowdhury, Advocate - For the Opposite Parties.
Civil Rev..
Category: Property Law | Date: | Hits: 111
Khodeja Begum & others Vs. Md. Sadeq Sarkar, 1994, 23 CLC (HCD)
....by a registered kabinnama dated 5-2-1980 and they lived together as husband and wife and the marriage was consummated: the defendant No.2 took loan of Taka 3,000.00 from the plaintiff for purchase of land but the money was not repaid on demand; the relationship deteriorated and the defendant No.2 to...... Khodeja Begum & others……………………Petitioners Vs. Md. Sadeq Sarkar………………..Opposite Party Judgment July 4, 1994. Result: The Rule is made absolute. Cases Referred To- 21 DLR 218; 34 DLR 221; Muller Vs. Oregon, US Supreme Court Report Book 52 Law ......for restitution of conjugal rights and for permanent injunction restraining the defendant petitioner No.1 from marrying any other person. 3. The case of the plaintiff opposite party, in short, is that he married defendant No.1 by a registered kabinnama dated 5-2-1980 and they lived together as hu...... Sarkar………………..Opposite Party Judgment July 4, 1994. Result: The Rule is made absolute. Cases Referred To- 21 DLR 218; 34 DLR 221; Muller Vs. Oregon, US Supreme Court Report Book 52 Law Edition pages 411, 412. Lawyers Involved: Md. Abdur Rahim, Advocate - For the ..Category: Family Law | Date: | Hits: 185
Syed Masud Ali and others Vs. Md. Asmatullah and others, 1978, 7 CLC (AD)
....ed discussion of all the allegations made in the plaint require reproduction. All that need be stated is that in the Court of Munsif, the plaintiff has divided the suit properties under two schedules land has claimed ownership and possession over both of them. With regard to the first he has sought ......in: 31 DLR (AD) (1979) 249.......t appellants immediately on the presentation of the plaint and before the filling of the written statement the only facts are the plaint allegations. In view of the questions involved we do not feel that a detailed discussion of all the allegations made in the plaint require reproduction. All that n...... appeal is allowed in part. Case Referred To- Secretary of State Vs. Mask & Co., 44 C.W.N. 709. Lawyers Involved: Ahmedur Rahman Khan, Advocate instructed by S.S. Huda, Advocate on Record - For the Appellant. Aminul Huq, Advocate on Record - For Respondent No.3. Ex-Parte - For ..Category: Trust/Waqf Law | Date: | Hits: 136
Mokarrom Hossain Daradi Vs. State, 2011, 40 CLC (AD)
....ection 526 of the Code of Criminal Procedure filed before the High Court Division, the petitioner stated, inter alia, that the petitioner is a bona fide businessman who was granted lease of 155 acres land by the Government for establishing Fishery Firm and in due process after registration of the de......ultana J Syed Mahmud Hossain J Muhammad Imman Ali J Mohammad Mamtaz Uddin Ahmed J Md. Shamsul Huda J Mokarrom Hossain Daradi......................................Petitioner (In all cases) Vs. The State, represented by the Deputy Commissioner, Mymensingh...................Res......ruddin Sircar, Senior Advocate, instructed by Mvi. Md. Wahidullah, Advocate-on-Record- For the Petitioner (In all cases) Momtaz Uddin Fakir, Additional Attorney General, instructed by Mrs. Sufia Khatun, Advocate-on-Record-For the Respondent (In all cases) Criminal Petition For Leave To Appea......ty Commissioner, Mymensingh...................Respondent (In all cases) Judgment June 2, 2011. Result: The petitions are dismissed. Lawyers Involved: Muhammad Jamiruddin Sircar, Senior Advocate, instructed by Mvi. Md. Wahidullah, Advocate-on-Record- For the Petitioner (In all cases..Category: Criminal Law | Date: | Hits: 80
.... Rajshahi campus on 2 April, 2006 and Chittagong campus on 26 April 2007. The requirements for application were fulfilled as per law. The law requires that a Private University should have 5 acres of land (2, 16,000 square feet). As it is now impossible to find this quantum of land in any urban area......ate-on-Record- For Respondent No.1.
None represented-For Respondent No.2-3.
Civil Petition for Leave to Appeal No.1923 of 2011.
(From the judgment and order dated the 10th day of May, 2011 passed by the High Court Division in Writ Petition No.7378 of 2009).
Judgment
Md. Abdul Wahhab ......e terms as prayed for. At the time of issuing the Rule, operation of the impugned Memo dated 25.10.2009 was stayed.
3. The case of the petitioner as made out in the writ petition, inter alia, was that it was established on 07.08.2003, vide Education Ministry's Memo No. সিম/শাঃ ১৪/......ra Sultana J
Syed Mahmud Hossain J
Muhammad Imman Ali J
Md. Shamsul Huda J
University Grants Commission and another.................................Petitioners
Vs.
University of Information Technology and Science and another…….Respondents
Judgment
January 12, 2012.
R..
Category: Others | Date: | Hits: 197
Mohamaya Rani Saha Vs. Dr. Ashequr Rahman Khan and others, 2008, 37 CLC (AD)
....ha, the petitioners both in Civil Petition Nos.1498 and 1499 of 2007 and respondent No.1 in Civil Petition No.1333 of 2008. On the averments that in CS Dag No.3123 Altabuddin owned 05-decimal of viti land in Khatian No.1590, Kafiluddin owned 05-decimals of land in CS Khatian No.1591, Ukiluddin owned......8-99 of 2007. Judgment Md. Tafazzul Islam J. - The above Civil Petition Nos.1498 of 2007 and 1333 of 2007 are directed against the Judgment and Order dated 9-11-2006 of the High Court Division passed in Civil Revision No.3257 of 2003 making the Rules absolute and the above Civil Petition No. 1......f law involved are also same and both the petitioners are heard together and disposed of by this judgment. 2. Facts of Civil Revision No.3257 of 2003 as placed before the High Court Division, are that Dr. Ashequr Rahman, the Respondent No.1 in Civil Petition No.1498 of 2007 and the petitioner in ...................Respondents Judgment November 9, 2008. Result: All the petitions are dismissed. Lawyers Involved: AK Badrul Huq, Advocate instructed by AKM Shahidul Huq, Advocate-on-Record—For the Petitioner. (In Civil Petition Nos. 1498-99 of 2007.) Asaduzzaman, Advocate instruc..Category: Property Law | Date: | Hits: 76
Atahar Ali Sarder & others Vs. State, 1978, 7 CLC (AD)
....uring the cross-examination they introduced artificial variaÂtion in their testimony so as to destroy the value of the evidence. The reason is not far to seek because deceased Sohrab Sardar had some land disputes with his step-brother, the accused appellant Nos. 1 and 2 and these disputes had led t......r Ali Sarder & others………………………Appellants Vs. The State………………………….Respondent Judgment August 9, 1978. Result: The appeal is dismissed. Cases Referred to- Alim Vs. State, (1977) 29 DLR (SC), 268; Md. Ahmed Vs. State, (1970) 22 DLR (SC......is appeal by special leave, arises out of a judgment passed by the High Court maintaining the convicÂtion and sentence of the appellants under secÂtion 302/34 B.P.C. 2. The prosecution case was that on the night of 6th Jaistha, 1379 B.S. the deceased Shohrab was sleeping in his hut with his wif...... DLR (SC) 120; P.L.D. 1959 (SC), 486; A.I.R, 1952 (SC), 214; Ghotagoda Vs. State, (1963) 15 DLR 517; Alim Vs. State, (1967) 19 DLR (SC) 268; Aminuddin Vs. State, (1970) 22 DLR (SC) 1; Fakira Vs. Emperor, AIR 1937 (PC), 119; Adalot Vs. The Crown, (1956) 8 DLR (FC) 69; Md. Afzal Vs. The Crown, 1970 SC..Category: Criminal Law | Date: | Hits: 107
Hafizuddin Ahmed and another Vs. Mahbubul Huq and others, 1983, 12 CLC (AD)
....ring remand of the plaintiffs-appellants' suit for declaration of title and recovery of khas possession. 2. This arises from Title Suit No 201 of 1963 of the 3rd Court of Munsif, Comilla. The suit land, which appertained to C.S. Plots Nos. 675 and 678 of Mouza Chatura, belonged to defendant No 2....... Hossain, Advocate-on-Record - For the Respondent No. 1. Ex parte - For Respondent Nos. 2-5 & 6(1) to 6(A). Civil Appeal No. 20 of 1982. From the judgment and decree dated July 23, 1980 passed by the High Court Division in Second Appeal No. 220 of 1966. Judgment Shahabuddin Ahmed ...... title and recovery of khas possession. 2. This arises from Title Suit No 201 of 1963 of the 3rd Court of Munsif, Comilla. The suit land, which appertained to C.S. Plots Nos. 675 and 678 of Mouza Chatura, belonged to defendant No 2. Delaney Estate which possessed it in khas. The plaintiff purchas......………Appellants Vs. Mahbubul Huq and others…………………Respondents Judgment March 20, 1983. Result: The appeal is allowed. Lawyers Involved: Shaukat Ali Khan, Senior Advocate, Supreme Court, instructed by B. C. Panday, Advocate-on-Record - For the Appellant. M..Category: Property Law | Date: | Hits: 58
Tahera Begum Vs. Farukh Meah, 1982, 11 CLC (AD)
....on Council shall— (a) pay immediately the entire amount of the dower whether promt or deferred, due to the existing wife or wives, which amount if not so paid, shall be recoverable as arrears of land revenue; and (b) on conviction upon complaint be punishable with simple imprisonment whic......d. Aftab Hossain, Advocate-on-RecoÂrd - For the appellant. Md. Wahidullah, Advocate-on-Record - For the respondent. Criminal Appeal No. 1 of 1982. From the judgment and order dated 10.3.81 passed by the High Court Division in Criminal Revision Case No. 369 of 1979. Judgment Badrul Ha......9 of 1979. 2. Facts are as follows: The appellant who was the first wife of the respondent filed a petition of complaint under section 6 (5) (b) of the Muslim Family Laws Ordinance, 1961 alleging that during the subsistence of their marriage the respondent without previous permission in writing o......1982. Result: The appeal is disÂmissed. Lawyers Involved: Mrs. Rabiya Bhuiya, Advocate (Mozammel Huq Bhuiya, Advocate with her) instrucÂted by Md. Aftab Hossain, Advocate-on-RecoÂrd - For the appellant. Md. Wahidullah, Advocate-on-Record - For the respondent. Criminal Appeal No...Category: Family Law | Date: | Hits: 166
Abdur Rashid and another Vs. Abdul Barik and another, 1983, 12 CLC (AD)
.... Suit No. 220 of 1968 in the Additional Court of Munsif, Kishoreganj, against the appellants, who were defendants No. 28 (Kha) and 28(Kha) and others for declaration that the auction sale of the suit lands held in Money Execution Case No. 233 of 1942 and 44 of 1943 were void, illegal and inoperative......ed in: 35 DLR (AD) (1983) 162.......est of the respondents filed O.C. Suit No. 220 of 1968 in the Additional Court of Munsif, Kishoreganj, against the appellants, who were defendants No. 28 (Kha) and 28(Kha) and others for declaration that the auction sale of the suit lands held in Money Execution Case No. 233 of 1942 and 44 of 1943 w......appeal is allowed. Case Referred to- Kassim Ebrahim Saleji Vs. Johurmull Khemka, A.I.R. 1916 Cat. 181. Lawyers Involved: M. G. Rabbani, Advocate, instructed by B.C. Panday, Advocate-on-Record (absent) - For the Appellant. Rafiqur Rahman, Senior Advocate, instructed by Zinnur Ahmed, Ad..Category: Property Law | Date: | Hits: 67
Shafiqur Rahman and others Vs. Nurul Islam ChowÂdhury and others, 1982, 11 CLC (AD)
....tagong. Facts stated by the appellants are that on a police report the Sub Divisional Magistrate, Cox's Bazer, drew up a proceeÂding under section 145 of the Criminal Procedure Code, He attached the land involÂved, and appointed Circle Officer (Revenue), Chakaria receiver of the same. Written stat......(1983) 127. ......1980 on April 2, 1981. 2. In the aforesaid criminal revision case the appellants challenged the order of the Additional Sessions Judge-II in-charge, Chittagong. Facts stated by the appellants are that on a police report the Sub Divisional Magistrate, Cox's Bazer, drew up a proceeÂding under sect......nts Judgment December 14, 1982. Result: The appeal is dismissed. Case Referred to- Chand Agarwalla Vs. Shawi Base and another, AIR 1973 SC 799. Lawyers Involved: Aminul Huq - For the Appellants. Ahmad Sobhan, Sr. Advocate, Fazlul Karim, Advocate with him instructed by Md. ..Category: Others | Date: | Hits: 135
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