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Sree Binoy Krisna Saha and others Vs. Sree Reboti Mohon Saha and others, 2011, 40 CLC (HCD)
....rty to call for any document, recall or re-examine the witnesses and take additional evidence, if it is so required. Send down the lower Courts’ records. Ed. This Case is also Reported in: ......ing his business of herbal medicine there. After his death, his four sons inherited the suit land and were enjoying the same in ejmaili. Among them plaintiff No.1 was in management and control of the property. Later on there was an amicable partition between the said heirs and successors of late Ram..Category: Property Law | Date: | Hits: 66
National Board of Revenue and others Vs. Mustafizur Rahman, 2003, 22 CLC (AD)
.... goods for a period not exceeding six months and the same also could be extended for a further period of 3 months but the respondent no.1 in Annexure-A and C has prayed for importation of the same on personal undertaking for a period of 2 years which was never contemplated by the said SRO dated 10.1...... judgment with reference to the relevant provisions of the concerned SRO. In view of the above matter, the appeal is allowed without any order as to costs. Ed. This Case is also Reported in: ..Category: Fiscal/Taxation Law | Date: | Hits: 140
Government of Bangladesh and others Vs. Md. Salim Reza, 2003, 22 CLC (AD)
....ted that “some persons entrusted with the task of Government appear to be unaware of the fact that the exercise of discretion they must be governed by rule, not by rumours whim, caprice or fancy or personal predictions as spelled out in the case of John Welkes (1770) 4 Burr 2528 more than 2 centur......and other benefits to the employees including the respondent. In that view of the matter, the appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: ..Category: Employment/Service Law | Date: | Hits: 155
....he suit land in favour of appellants through court.
The office is directed to send down the lower Court’s record at once.
Md. Rais Uddin J. - I agree.
Ed.
This Case is also Reported in:
......t. It was the further case of the defendant appellants that after passing the judgment and decree by the Supreme Court (Appellate Division) the plaintiff was ceased to retain any interest in the suit property and as such the defendant No. 1 and 2 were added as party in HRC case No. 224 of 1983. It w..
Category: Property Law | Date: | Hits: 113
....t. No further adjournment will be allowed at the instance of the substituted defendants.
Communicate a copy of the judgment.
Faruque Ahmed J. - I agree.
Ed.
This Case is also Reported in:
......n brief, are that opposite party No.1 Md. Habibur Rahman instituted Title Suit No. 36 of 2002 before the Joint District Judge, Second Court, Dhaka for specific performance of contract in respect of a property (as described in schedule of the plaint) impleading one Surjat Ali, predecessor-in-interest..
Category: Property Law | Date: | Hits: 67
Sree Nitta Nando Dey and others Vs. Nogendra Krishna Kundu and another, 2011, 40 CLC (HCD)
....nd Court, Munshiganj in Title Appeal No. 119 of 1994 are hereby set aside and those of the trial Court are restored. Send down the lower Courts’ records. Ed. This Case is also Reported in: ......Suit No.40 of 1991. 2. Plaintiff’s case, in brief, is that he had entered into an agreement with defendant No.1 Nogendra Krishna Kundu (herein opposite party No.1) on 2.4.1990 for purchasing the property as described in the schedule of plaint. The consideration was fixed at Taka 61,000/- (sixty..Category: Property Law | Date: | Hits: 76
Wali Ullah Vs. Shaheda Begum and others, 2011, 40 CLC (HCD)
....ged, however, without any order as to costs. The order of stay passed at the time of issuance of the Rule, is vacated. Communicate a copy of this judgment. Ed. This Case is also Reported in: ......243 of 1989. By the said order dated 21.3.1991 the learned Sub-ordinate Judge had allowed an application under Order XL rule 1 of the Code of Civil Procedure for appointment of a receiver of the suit property. 2. Facts leading to this civil revision are that the plaintiff-opposite party Nos. 1-31..Category: Civil Law | Date: | Hits: 130
Md. Shahar Ali and others Vs. Sree Sailesh Chandra Sen and others, 2012, 41 CLC (HCD)
.... the Rule is discharged. The ad interim order of status quo passed earlier at the time of issuance of the Rule is vacated. Communicate a copy of the judgment. Ed. This Case is also Reported in: ......injunction can be granted. The defendants never made any attempt to dispossess the plaintiffs from anywhere. The plaintiffs rather were disturbing them and trying to dispossess them from their lawful property taking advantage of the order of temporary injunction. 7. On the other hand Mr. Mohammad..Category: Property Law | Date: | Hits: 84
Md. Rejaul Haque @ Ezaul Vs. State, 2011, 40 CLC (HCD)
....ses 10 witnesses proved the prosecution case by giving evidence beyond the all reasonable doubt. He further adds that all the official witnesses are disinterested and independent because they have no personal conflict with the accused and as such their testimonies are quote believable, thus, there i......ed in any other case. Send down the Lower Court Records along with a copy of this judgment and order at once. Md. Afzal Hossain Ahmed J. - I agree. Ed. This Case is also Reported in: ..Category: Criminal Law | Date: | Hits: 95
Mahbub-ul-Alam Md. (Minor) and another Vs. Md. Alimuddin Karikor, 2009, 38 CLC (HCD)
....d the case directing the defendant-judgment-debtor to restore possession of the suit land to the plaintiffs-decree holders within 15 days, in default, he will be detained in civil prison and also his personal properties would be attached. 3. The defendant-judgment-debtor filed Civil Revision No. ...... challenging the same in the higher Court, but the revisional Court erroneously held that under sub-rule (1) of rule 32, Order XXI the judgment debtor cannot be taken to civil prison and his personal property cannot be attached at the same time by the Executing Court and set aside the judgment and o..Category: Civil Law | Date: | Hits: 100
Zillul Haq and others Vs. Maloti Bala Dey & others, 1998, 27 CLC (HCD)
.... for his perusal and necessary action. The order of stay earlier granted by this Court stands vacated. Send down the LCR at once. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 367.......e ADC (Revenue) Sylhet are illegal and without jurisdiction and also for a permanent injunction restraining the defendant-opposite parties from interfering with her peaceful possession in the suit property. 2. The plaintiffs case, in short, is that, except the land covered by Khatian Nos. 399 ..Category: Property Law | Date: | Hits: 88
Chandi Proshad Dhar Vs. Bibha Rani Dhar & Others, 1996, 25 CLC (HCD)
.... substance in this Rule. The Rule is discharged without cost. Order of stay passed at the time of issuance of the Rule is hereby vacate Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 355.......d hence this Rule. 4. Mr. Gour Gopal Saha, learned Advocate for the opposite parties, in reply submits that a person can only be added in terms of the said clause (c), if he claims interest in the property in question through the testator and cites a decision reported in 35 DLR (AD) 254. 5. Ad..Category: Property Law | Date: | Hits: 70
Halima Jaman and other Vs. Government of Bangladesh, 1998, 27 CLC (HCD)
.... 1 of the CPC. We find no merit in this application for review. The Rule is accordingly discharged without any order as to costs. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 352. ......al of the suit on 9-6-1990). The case of the plaintiff, in short, is that defendant No.1A. Satter Solaiman, admittedly a non-Bengali national, executed an agreement on 14-10-1971 for sale of the suit property to the plaintiff at a consideration of taka one lac and bainapatra (Ext. 1) was executed by..Category: Property Law | Date: | Hits: 89
Shefali Rani and others Vs. Makhan Chandra Das and others, 1990, 19 CLC (HCD)
.... The documents in question, as described in the schedule of the plaint are declared as void and fraudulent. No order as to costs. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 341. ...... 1990. The appeal was contested and it was dismissed by the impugned judgment and decree dated 18-7-90 by the Subordinate Judge 1st Court, Lakshmipur. 3. The relevant facts of the case is that the property in dispute comprising an area of 0.35 acres land belonged admittedly to Subal alias Suddhan..Category: Procedural Law | Date: | Hits: 105
Mokthar Masum Abedin and others Vs. Nironjan Kumar Mondol and others, 1997, 26 CLC (HCD)
.... two thousand) only to the plaintiff-opposite- party. Stay granted by this Court at the time of issuance of the Rule stands vacated. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 341.......70 the definition is stated thus: “Lis pendens literally means a pending suit; and the doctrine of lis pendens has been defined as the jurisdiction, power, or control which a Court acquires over property involved in a suit pending the continuance of the action, and until final judgment therein...Category: Procedural Law | Date: | Hits: 74
Ziauddin Ahmed Vs. Bangladesh,1994, 23 CLC (HCD)
....ticle 13 of the Universal Declaration of Human Rights with which passport authority is interfering, when it refuses or impounds or cancels a passport. It is a highly valuable right which is a part of personal liberty, an aspect of the spiritual dimension of man, and it should not be lightly interfer.......92 issued by the respondent No. 1 under the signature of respondent No. 3 to be without any lawful authority and is of no legal effect. Ed. This Case is also Reported in: 47 DLR (HCD) (1995) 29...Category: Constitutional Law | Date: | Hits: 238
Mayurer Nessa and others Vs. Julekha Khatoon and others, 1994, 23 CLC (HCD)
....ees of the Courts below are modified and the suit is decreed in part in preliminary form in terms of compromise petition dated 4.3.1964. Ed. This case is also Reported in: 47 DLR (HCD) (1995) 26.......t and decree dated 18.3.1967 passed by Subordinate Judge, 2nd Court, Comilla in Title Suit No. 69 of 1965. 2. Respondent Nos. 1‑14 as plaintiffs filed the aforesaid suit of partition of the suit property claiming plaintiffs No. 1‑13 as heirs of one of the recorded tenant Rahmat Ali whose name..Category: Procedural Law | Date: | Hits: 85
Abdul Motaleb Shaque and others Vs. State, 1994, 23 CLC (HCD)
....sarily mean only the days on which the Court is not closed by vacation, holidays or Fridays. If a particular Magistrate refrains from working on a particular working day or days either because of his personal reasons by going on leave or being engaged otherwise outside the Court that cannot mean tha......is nothing to interfere with the impugned order. The Rule is discharged. The stay order granted earlier by this Court is hereby vacated. Ed. This Case is also Reported in: 47 DLR (HCD) (1995) 24...Category: Procedural Law | Date: | Hits: 80
Santosh Kumar Paul Vs. Nuruddin Ansari, 1993, 22 CLC (HCD)
....ate Court is set aside and that of the trial Court is upheld in part with the above term. Let the records be sent down expeditiously. Ed. This Case is also Reported in: 47 DLR (HCD) (1995) 70.......rees and he has been residing in the suit premises for more than 23 years with his family and the homestead has now fallen within the Rajbari pourasabha and as a result of which the price of the said property has gone up several times. If he is to vacate the premises, he will be shelter less with hi..Category: Procedural Law | Date: | Hits: 129
Lt. Cdr (Retd) AHM Mahmud Vs. Masud Ahmed, 2010, 39 CLC (HCD)
....itioner with the loss incurred by the Trust in connection with the purchase of machineries, but the record indicates that the petitioner was not at fault. However, this, if anything, indicates some personal grudge towards the petitioner, but does not relate to the implementation of the order of th...... the petitioner within 3(three) months from receipt of a copy of this judgment. Let a copy of this judgment be communicated at once. Ed. This Case is also Reported in: 63 DLR (HD) (2011) 149. ..Category: Employment/Service Law | Date: | Hits: 156
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