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Mahmudul Hoque and 5 others Vs. Nowab Ali Chowdhury and 18 others, 1985, 14 CLC (HCD)
....hs from the date of receipt of the lower Court record. Let the lower Court record be sent down to the Court concerned expeditiously. Ed. This case is also Reported in: 49 DLR (HD) (1997) 92 ......Have the plaintiffs their alleged rights, title and interest in the land and if so, to what extent? 4. On consideration of the materials on record trial Court decreed the suit in preliminary form holding that plaintiffs have their title in the suit jote and entitled to get saham of 11 kanis and ..Category: Civil Law | Date: | Hits: 86
Sharifuddin (Md.) Vs. Md. Mofizuddin Sarker and others, 1994, 23 CLC (HCD)
....s. The authority concerned is directed to take expeditious step for holding re-election in view of the term office of the chairman. Ed. This Case is also Reported in: 49 DLR (HD) (1997) 86. ...... upon such information his nomination paper was rejected by an order of Returning Officer. That order was challenged in an appeal before the Upazila Nirbahi Officer, Muktagacha who allowed the appeal holding the order of rejection was illegal. Against the order of the Upazila Nirbahi Officer a writ ..Category: Election Law | Date: | Hits: 148
Humayuun@ Humayun Bepari Vs. The State, 2011, 40 CLC (HCD)
....r more. (2) The convict-appellant is entitled to get the benefit of Sub-Section (1) of Section 35A of the Code of Criminal Procedure. Ed. This Case is also Reported in: 16 MLR (HCD) (2011) 307. ......nt Humayun, in the same house the convict-appellant was under an obligation to explain how his wife had met with her death. In the absence of any explanation coming from his side and when P.W.8 while holding autopsy found mark of injury on the right neck of the deceased, coupled with the conduct of ..Category: Criminal Law | Date: | Hits: 112
.... stay. This is also a good ground for not granting stay of the suit.
For the foregoing reasons this appeal is dismissed with costs.
Ed.
This Case is also Reported in: 31 DLR (AD) (1979) 138.
......
4. Leave was granted to consider whether upon a true construction of the arbitration clause of the termination agreement, the learned Judges were correct in construing the terms of the contract and holding that, the subject matter of the suit and the termination agreement were different and there ..
Category: Alternative Dispute Resolution | Date: | Hits: 161
Tajidullah & others Vs. Sona Miah & others, 1986, 15 CLC (HCD)
....ill be at liberty to amend the pleadings and adduce fresh evidence, if so desire. There will be no order as lo costs of this appeal. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 223.......o kabala was executed and registered. The defendant is in possession of the land including the huts. Defendant reconstructed one of the two thatched hut by placing C.I. Sheets and paid rent for the holding up to 1366 B.S. and got rent receipts. He sent the revenue for the period of 1367-1370 B.S..Category: Property Law | Date: | Hits: 66
Sultan Ahmed Vs. Golam Mostafa alias Dulal and others, 1987, 16 CLC (HCD)
..... 2,000/- each to the Magistrate concerned for keeping peace for a period of one year from this date. Send down the records at once. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 219........ 2,000/- each to the Magistrate concerned for keeping peace for a period of one year from this date. Send down the records at once. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 219...Category: Criminal Law | Date: | Hits: 70
Md. Abdu Mia Vs. The Election Commission & others, 1988, 17 CLC (HCD)
....rdingly, the Rule is discharged without, however, any order as to cost. The Slay order passed on 12.7.88 hereby stands vacated. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 215. ......eas the Respondent No.3 secured only 2 votes. Thereafter the Respondent No.3 in collusion with the Presiding Officers of the aforesaid two polling stations managed to have issued Annexure 'C' for holding fresh poll on 10.4.88 of members only at Mohanpur Primary School polling station and both fo..Category: Election Law | Date: | Hits: 161
AKM Ruhul Amin Vs. Al-haj Abdul Latif & others, 1986, 15 CLC (HCD)
....erfere with the impugned order of the learned District Judge. In the result, the rule is discharged without any order as to costs. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 206. ......ribunal found 94 ballots invalid which were earlier counted in favour of the opposite party No.1. So he discarded those votes and declared the petitioner as the Chairman of Osmangonj Union Parishad holding that the petitioner secured 1303 votes as against 1286 votes secured by the opposite party N..Category: Election Law | Date: | Hits: 163
Mostofa Kamal Vs. B. D. Habibullah & others, 1988, 17 CLC (HCD)
....o cost. The impugned order passed by the learned Assistant Judge is set aside and the plaint in Title Suit No. 87 of 1988 is rejected. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 197. ......pugned order accepted the result given by the Presiding Officer of Ward No.1 and directed fresh Poll in the two other Wards. 4. The plaintiff obtained on contest a temporary injunction against holding of the fresh Poll and an appeal by the defendant against the order is pending before the l..Category: Election Law | Date: | Hits: 207
....tioner may avail of any other alternative remedy as advised.
The Rule is, therefore, discharged but without any order as to costs.
Ed.
This Case is also Reported in: 41 DLR (HCD) (1989) 193.
......ed to have been passed without any lawful authority and to be of no legal effect.
2. The petitioner staled that she purchased the land measuring .70 acres with a two-storied residential house at holding No.10/1, Toynbee Circular Road, Dhaka pertaining to C.S. plot No. 33, R.S. plot Nos. 2411, 2..
Category: Property Law | Date: | Hits: 171
AY Masihuzzaman Vs. Shah Alam & others, 1989, 18 CLC (HCD)
....it need be decided at an early date. Send down the records at once to the learned Court of Chief Metropolitan Magistrate, Dhaka. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 180. ...... a case pending in a different Court and on the next day on 3.9.80 the Chief Metropolitan Magistrate heard the lawyer of the complainant but without examining the complainant rejected the complaint holding that there is no allegation that the complainant had been rebuked and on a further finding..Category: Criminal Law | Date: | Hits: 77
Siddiqur Rahman and others Vs. Abdul Jalil Meah and others, 2009, 38 CLC (AD)
....are the paper-books out of Court in accordance with Rules. The parties are directed to maintain status quo till disposal of the appeal. Ed. This Case is also Reported in: VIII ADC (2011) 1002.......ed on behalf of the petitioners require consideration and leave is granted on the following points I. Whether the concurrent finding of facts arrived at by both the Courts below with regard to the holding of the salish on 06.06.1968 and handing over possession of the suit-land in favour of the ..Category: Property Law | Date: | Hits: 49
Mosammat Rahima Khatun and others Vs. Emran Ali and others, 2009, 38 CLC (AD)
....of paper book is dispensed with as prayed for. The order of status quo granted earlier shall continue till disposal of the appeal. Ed. This Case is also Reported in: VIII ADC (2011) 991. ......empted dispossession by the defendants which ought to have been considered by the learned Judge of the High Court Division. 2) Whether the learned Judge of the High Court Division was correct in holding that the cause of action of the suit was not proved. Security of Tk.1000/- is to be depos..Category: Property Law | Date: | Hits: 51
Ministry of Communication and others Vs. Md. Ferozur Rahman & ors, 1991, 20, CLC (HCD)
.... Rule No. 15 (FM) of 1991 is disposed of accordingly. In the facts and circumstances of the case, there will be no order as to costs. Ed. This case is also reported in: 45 DLR (HCD) (1993) 762. ......raining the Railway from terminating the contract, an ad interim injunction was granted which was taken on appeal before the High Court Division, East Punjab. The said was set aside by the High Court holding that the agreement is a mere revocable licence and an ad-interim injunction should not have ..Category: Civil Law | Date: | Hits: 72
Kamaluddin and others Vs. Abdul Aziz (Md.) and others, 2004, 33 CLC (HCD)
....e trial Court. The respondents would be entitled to withdraw the money deposited in Court by the preemptors. Send down the record at once. Ed. This Case is also Reported in: 56 DLR (2004) 485....... after deposit of the considerations along with statutory compensation. Their further case was that they were entitled to pre-emption as cultivators. The transferees were all strangers to the case holding. Opposite party Nos. 1 to 4 jointly opposed the application for preemption by filing a wr..Category: Property Law | Date: | Hits: 71
Madina Vegetable and Oil Refinery Industries (Private) Limited Vs. M T Dolores, 1993, 22 CLC (HCD)
....sistance rendered to me by the learned Counsels in deciding the case. In the facts and circumstances of the case I award no costs. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 740. ......6.6.1992 in Civil Petition for Special Leave to Appeal No.145 of 1991 to contend that unless the bill of lading is retired from the Bank the owner of the cargo is not entitled to delivery order as by holding the original bills of lading title to the cargo passes to the holder of the original bills o..Category: Admiralty Law or Maritime Law | Date: | Hits: 383
A Halim (Md.) Vs. Mafijul Islam Tarafder alias Kalu and others, 2004, 33 CLC (HCD)
....er vacant possession of the suit land to the plaintiff within 30(thirty) days from this date. Send down the lower courts records at once. Ed. This Case is also Reported in: 57 DLR (2005) 43. ...... Subordinate Judge, 3rd Court, Mymensingh who was pleased to disallow the appeal and affirm the judgment and decree passed by the learned Assistant Judge by his judgment and decree dated 2‑5‑2001 holding that the suit was bad for defect of parties, for non- descriptions of other co-sharer inte..Category: Property Law | Date: | Hits: 80
Shahid Ali (Md.) and others Vs. Reza Mohammad & others, 2003, 32 CLC (HCD)
....holder of the case land. It was also contended by him, that after the purchase of the case land which comprises a pond, he had been possessing the same by irrigating water therefrom to his contiguous agricultural land. So, according to him, the petition for preemption was liable to be rejected. 5......dated 15‑3‑1976 and in lieu thereof got the land belonging to him (petitioner) in plot No. 792 of Khatian No. 121 of the same mouza. Thus the preemptor-petitioner became a co-sharer in the case holding. Further, he was a contiguous land holder to the case land. On 17‑3‑1976 opposite party ..Category: Property Law | Date: | Hits: 79
....defendants under Order VII, rule 11 of the Code of Civil Procedure is allowed.
The plaint of title Suit No.12 of 2002 is hereby rejected.
Ed.
This Case is also Reported in: 57 DLR (2005) 34.
......y the Board or by any committee created under the Ordinance. The application was resisted by the plaintiff-opposite parties. The learned Assistant Judge by the impugned order rejected the application holding that civil Court has jurisdiction to see as to whether show cause notice was issued in accor..
Category: Procedural Law | Date: | Hits: 72
.... and decisions of the High Court Division and in the circumstances this appeal be dismissed on contest without any order as to costs.
Ed.
This Case is also Reported in: VIII ADC (2011) 921.
......e court though upheld the finding and decision of the trial court that the defendant No.1 was not adopted son of Purna Chandra, but it set aside the judgment of the trial court and dismissed the suit holding that the suit was barred by limitation and that the defendant No.1 being the domesticated so..
Category: Property Law | Date: | Hits: 49
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