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Jn. Md. Saleh Ahmed Khan Vs. Government of Bangladesh & others, 1989, 18 CLC (HCD)
....the samity and had it registered under No.106 dated 16.2.79 with the then Assistant Registrar of Co-operative SocieÂties. It has 513 members. The samity has raised Tk. 8,12,000/- as subscription for land and raised another Tk. 51,300/- as share money. The samity has constructed shops, buildings, ro......ent & Co-operative Division, Ministry of Local Government, Dhaka & others........................Respondents Judgment January 25, 1989. Result: The Rule Nisi is made absolute. Cases Referred to- Md. Khair Ahmed Vs. Bangladesh, 40 DLR 353; 31 DLR (AD) 152; Government of th......ging Committee of the samity or any other co-operative society. Thereafter, the petitioner obtained the present Rule. 4. Mr. Abdur Rab Chowdhury, learned AdvoÂcate for the petitioner, submits that the allegations in the show cause notice (Annexure E) concerned the activities, lapses, omission......DLR (SC) 209; Saleh Uddin Khan Vs. Bangladesh and others, 34 DLR 120; Bangladesh Vs. Md. Afzal and others, 40 DLR (A.D) 154. Lawyers Involved: Abdur Rab Chowdhury with Salma Ali, AdvoÂcates - For the Petitioner. A.F. Hassan Ariff, Deputy Attorney-General - For the Respondent No.1. Writ ..Category: Civil Law | Date: | Hits: 87
....1 under the heading "Motijheel Commercial Area" shall not be declared 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 residenÂtial house at holding No.10/1, Toynbee Circular......ent of BanglaÂdesh represented by the SecreÂtary, Ministry of Works, Dhaka & others.......................Respondents
Judgment
February 13, 1989.
Result:
The Rule is discharged.
Case Referred to-
Kohinoor Mercantile Corporation Vs. Hazera Khatun, PLD 1963 238.
Lawyers Invo......Works, Dhaka & others.......................Respondents
Judgment
February 13, 1989.
Result:
The Rule is discharged.
Case Referred to-
Kohinoor Mercantile Corporation Vs. Hazera Khatun, PLD 1963 238.
Lawyers Involved:
H.R. Sharif, Advocate - For the Petitioner.
Fakhrul ......)
Present:
Mustafa Kamal J
Nurul Huque Bhuiyan J
Begum Lutfunnessa.........................Petitioner
Vs.
The Government of BanglaÂdesh represented by the SecreÂtary, Ministry of Works, Dhaka & others.......................Respondents
Judgment
February 13, 1989.
Resu..
Category: Property Law | Date: | Hits: 171
Major (Retd.) Mohammad Afsaruddin Vs. Kamal Rahman, 1989, 18 CLC (HCD)
....t of the written statement. 2. The plaintiff-opposite party No.1 instituted the suit for specific performance of contract of sale against the petitioner as defendant No.1 in respect of 9 kathas of land on the allegations that he paid Tk. 2,50,000/- as advance money out of a stipulated total consi......r (Retd.) Mohammad Afsaruddin............Petitioner Vs. Kamal Rahman....................................Opposite Party Judgment January 31, 1989. Result: The Rule is discharged. Cases Referred to- Shriram Sardarmal Diswani Vs. Gourisanker, AIR 1961 Bombay 136; Deputy Commis......t. 2. The plaintiff-opposite party No.1 instituted the suit for specific performance of contract of sale against the petitioner as defendant No.1 in respect of 9 kathas of land on the allegations that he paid Tk. 2,50,000/- as advance money out of a stipulated total consideration of Tk. 5,40,000/......ase is also Reported in: 41 DLR (HCD) (1989) 190. ..Category: Property Law | Date: | Hits: 58
AY Masihuzzaman Vs. Shah Alam & others, 1989, 18 CLC (HCD)
....d in a number of casÂes both in the High Court and in the Court before the District Judge. The petitioner's mother along with his brothers and sisters are owners in joint posÂsession of 33 acres of land in R.S. Plot No. 341 of CS Khatian No. 315 and RS Khatian No. 322 of Mouza Barabo, Shaymali wit...... This Case is also Reported in: 41 DLR (HCD) (1989) 180. ....../A-1 of 1980 by which order the Metropolitan Magistrate rejected the application of the petitioner under sections 499 and 500 of the Bangladesh Penal Code. 2. Facts leading to this, in short, ate that the petitioner Mr. A.Y. Masihuzzaman, a Senior AdvoÂcate of this Court, filed a petition of com......ar Mahto and another, AIR 1971 (SC) 1567; Ayeasha Bi Vs. Pear Khan Sahib, AIR 1954 (Mad). 741; Mohammad Isa Vs. Nazim Husain, 188 IC, (1940) 699. Lawyers Involved: Miah Abdul Gafur, Advocate - For the PetiÂtioner. No one - For the Opposite Parties. Criminal Revision No.348 of 1981. J..Category: Criminal Law | Date: | Hits: 77
Siddiqur Rahman and others Vs. Abdul Jalil Meah and others, 2009, 38 CLC (AD)
....Âtion and recovery of Khas possession. 2. The facts leading to the filing of this petition are that the respondents herein filed a suit for declaration and recovery of Khas possession of the suit land. The petitioner Nos.1 and 2 contested the suit by filing a written statement, denying all mater......ainul Abedin, Advocate-on-Record-For Respondent No.1. Not represented-Respondent Nos. 2-3. Civil Petition for Leave to Appeal No. 1526 of 2009. (From the Judgment and order dated 02.07.2009 passed by the High Court Division in Civil Revision No.1553 of 1997) Order ABM Khairul Haque J.......ah and others...............................Respondents Order November 17, 2009. Result: Leave is granted Lawyers Involved: Mahbubey Alam, Senior Advocate, instructed by Mrs. Sufia Khatun, Advocate-on-Record-For the Petitioners. Khandoker Mahbubuddin Ahmed Senior Advocate (M.A, .........Petitioners Vs. Abdul Jalil Meah and others...............................Respondents Order November 17, 2009. Result: Leave is granted Lawyers Involved: Mahbubey Alam, Senior Advocate, instructed by Mrs. Sufia Khatun, Advocate-on-Record-For the Petitioners. Khandoker M..Category: Property Law | Date: | Hits: 49
Mosammat Rahima Khatun and others Vs. Emran Ali and others, 2009, 38 CLC (AD)
.... No.96 of 1987. After hearing, the learned Senior Assistant Judge, on consideration of the evidence on record, found that the plaintiffs proved their prima facie title and also possession in the suit land. The learned Judge also found that the suit land has been recorded in the name of the plainÂti....... Ferozur Rahman, Advocate-on-Record-For the Petitioners. Not represented-the Respondents. Civil Petition for Leave to Appeal No. 2065 of 2008. (From the Judgment and order dated 03.07.2008 passed by the High Court Division in Civil Revision No. 1182 of 1998) Order ABM Khairul Haque J....... ......titioners Vs. Emran Ali and others..........................................Respondents Order October 11, 2009. Result: Leave is granted. Lawyers Involved: Serajul Islam, Senior Advocate, instructed by Md. Ferozur Rahman, Advocate-on-Record-For the Petitioners. Not repres..Category: Property Law | Date: | Hits: 51
Kabir and others Vs. State, 1991, 20 CLC (HCD)
.... against them. They may be set at liberty at once if not wanted in connection with any other case. Send down the records immediately. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 755. ......te Jurisdiction) Present: AKM Sadeque J Muhammad Ansar Ali J Kabir and others…………………Appellants Vs. State…………………Respondent Judgment May 9, 1991. Cases Referred to- Mahmud Ali and others Vs. State, 1985 BLD 218; Lutfon Nahar Begum Vs. State, 27......rigorous imprisonment for 5 (five) years and to pay a fine of Taka 1000.00 in default to suffer rigorous imprisonment for a further period of 6 months each. 2. The prosecution case, in short, was that dacoity was committed in the night following 10.8.88 in the house of the brother of the informan......al Vs. State, 11 DLR (WP) 58; State Vs. Abdur Rahim Sikder, 10 DLR 61; Rahim Baksh Vs. Crown, 4 DLR (SC) 53; Monowar Ahmed Vs. State, 8 DLR (SC) 157. Lawyers Involved: Md. Ismail, Advocate ‑ For the Appellants. AKM Shamsul Karim, Assistant Attorney General with Md. Hefzul Bari, Advocate â..Category: Criminal Law | Date: | Hits: 76
Shafiuddin Sarwar Vs. Dhaka Club Limited and others, 1993, 22 CLC (HCD)
....ason stated above the Rule is discharged without any order as to costs. Let the order be communicated to the Courts below at once. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 753. ......lam Chowdhury J Md. Sirajul Islam J Shafiuddin Sarwar………………Petitioner Vs. Dhaka Club Limited and others…………………Opposite Parties Judgment April 29, 1993. Cases Referred to- Chittagong Cox's Bazar Bilashi Malik Somily and others Vs. Harisadhan Das Barma......ssed by District Judge, Dhaka in Miscellaneous Appeal No.84 of 1993 should not be set aside or such other or further order or orders passed as to this Court may seem fit and proper. 2. It appears that the plaintiff petitioner instituted Tide Suit No.56 of 1993 in the Court of Subordinate Judge, 1...... and others…………………Opposite Parties Judgment April 29, 1993. Cases Referred to- Chittagong Cox's Bazar Bilashi Malik Somily and others Vs. Harisadhan Das Barman, Advocate and ors, Civil Revision No.9632 of 1991; Civil Petition No.358 of 1992. Lawyers Involved: Khondak..Category: Civil Law | Date: | Hits: 87
Siddiqur Rahman Vs. State, 1988, 17 CLC (HCD)
....against him. We direct that the appellant be set at liberty at once, if not wanted in any other case. Send down the records at once. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 173. ......e State. Criminal Appeal No.31 of 1987. Judgment Muhammad Ansar Ali J.- This appeal under Section 30 of the Special Powers Act, 1974 is directed against the judgment and order dated 28.2.87 passed in Special Tribunal Case No.57 of 1984 by Mr. M. Jafar Ahmed Mina, Assistant Sessions Judge &a......ct, 1974 is directed against the judgment and order dated 28.2.87 passed in Special Tribunal Case No.57 of 1984 by Mr. M. Jafar Ahmed Mina, Assistant Sessions Judge & Special Tribunal Judge, Bagerhat convicting the apÂpellant Siddiqur Rahman in absentia under Section 6 of the Control of Essenti......t at liberty at once, if not wanted in any other case. Send down the records at once. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 173. ..Category: Criminal Law | Date: | Hits: 74
Ayar @ Ayaruddin and others Vs. State, 2004, 33 CLC (HCD)
....for taking necessary actions in this regard in the light of the observations made above within 7(seven) days from the date of receipt hereof. Ed. This Case is also Reported in: 56 DLR (2004) 495.......ure shortly, the Code, have been communicated to this Court through the Jail authorities of different jails on behalf of convicts in jail against their convictions and sentences under the general law as well as special laws. As these appeals involve almost common points of law, they are taken up tog......hich the copy was received. The office superintendent of the relevant section of this Court calculated the period of limitation relying upon this form and made endorsement in the order sheet stating that the petitions of appeal were communicated without being accompanied by copies of the judgment. M......titioner Vs. State ........................................... Respondents Judgment June 19, 2004 Result: The appeals are dismissed. Lawyers Involved: Nikhilesh Dutta, Deputy Attorney General ‑ For the State. Jail Appeals No. 1483 of 1992 with 1449, 2230, 2098, 1696, 1302,..Category: Criminal Law | Date: | Hits: 73
Ayub Ali (Md) Vs. Abdul Khaleque, 2004, 33 CLC (HCD)
....Court below to undergo the remainder of the punishment and sentence. Sent down the LCR along with a copy of this judgment expeditiously. Ed. This Case is also Reported in: 56 DLR (2004) 489. ...... AFM Ali Asgar J Ayub Ali (Md) ... .................Petitioner Vs. Abdul Khaleque.……….........Opposite Parties Judgment July 28, 2004. Result: The Rule is discharged. Cases Referred to- Abdullah‑Al‑Mahmud @ Ripon Vs. State, 6 MLR (AD) 259; Alamgir Hossain (Md) ......995 should not be quashed and/or such other or further order or orders passed as to this Court might seem fit and proper. 2. Facts relevant for the purpose of disposal of this rule, in short, are that having found the convict petitioner Md. Ayub Ali moving suspiciously on the road at Fringi Bazar......; Sher Ali Vs. State, 46 DLR (AD) 67; Md Alamgir Hossain alias Alamgir Vs. State, 17 BLD (1997) 478, 49 DLR 590. Lawyers Involved: Md. Khurshid Alam Khan with Bulbul Rabeya Begum, Advocate ‑ For the Petitioner. Md. Abdul Baset, Assistant Attorney General with Fara Mahmuda, Advocate – Fo..Category: Criminal Law | Date: | Hits: 87
Kamaluddin and others Vs. Abdul Aziz (Md.) and others, 2004, 33 CLC (HCD)
....n under section 96 of the State Acquisition and Tenancy Act, 1950 against the respondents for pre-emption of the transfers dated 01‑09‑96 and 03‑09‑96 vide deed Nos. 8882 and 8984 of the case land fully described in the schedules to the plaint. 3. Case of the preemptors, in short, was tha......rs. Send down the record at once. Ed. This Case is also Reported in: 56 DLR (2004) 485.......er dated 07‑09‑99 passed by Subordinate Judge, Court No. 2 at Noakhali in Miscellaneous Case 19 of 1996, which rejected a prayer for pre-emption. 2. Short facts for disposal of the appeal are that, on 15‑09‑96 the preemptors made an application under section 96 of the State Acquisition an......ants Vs. Abdul Aziz (Md.) and others ......................Respondents Judgment June 22, 2004. Result: The appeal is allowed. Lawyers Involved: ABM Mahbub Suman, Advocate ‑ For the Appellant. Nawshad Zamir with Osman Gani and Mahfuza Begum, Advocates ‑ For Respondent N..Category: Property Law | Date: | Hits: 71
Foez Ahmed Vs. Joynal Abedin and others, 2002, 31 CLC (HCD)
....he plaintiff in brief, is that he went to the house of his friend Suja Miah on 12‑05Â87 in between 1.00 PM and 11.30 PM and entered in to a contract with defendant Foyes Ahmed for selling the suit land. The price for the suit land was fixed at Taka 15,000. The defendant gave the plaintiff a sum o......…………………………Petitioner Vs. Joynal Abedin and others…………Opposite Parties Judgment July 23, 2002. Result: The Rule is discharged. Lawyers Involved: Bashiruddin Ahmed, Advocate ‑ For the petitioner. Md Salahuddin, Advocate ‑ For the opposite p......suit should not be set aside and/or pass such other order or further order or orders as to this Court may seem fit and proper. 2. Opposite party No. 1 as plaintiff, filed the suit for declaration that the sale deed mentioned in schedule 2 to the plaint in respect of the suit property was without ......titioner Vs. Joynal Abedin and others…………Opposite Parties Judgment July 23, 2002. Result: The Rule is discharged. Lawyers Involved: Bashiruddin Ahmed, Advocate ‑ For the petitioner. Md Salahuddin, Advocate ‑ For the opposite party. Civil Revision No. 3537..Category: Property Law | Date: | Hits: 80
MR Trading Co. Vs. Superintendent Engineer and others, 2004, 33 CLC (HCD)
....is that they already paid the plaintiff entire money of the work done by him and there was no bill outstanding with them. 5. Their further case is that entire work of earth filling of 168 acres of land was divided into 10 groups. Of them, work of seven groups was first given to the plaintiff. The......e lower Court's record within three days. Ed. This Case is also Reported in: 56 DLR (2004) 470. ......ff made two applications, one under section 151 for mandatory injunction on 19-03‑03 and the other under Order XXXIX rules 1 and 2 of the Code of Civil Procedure. In the applications, it is stated that the plaintiff got a work order for earth filling of Taka 27,30,37,523. By the time the plaintiff......Vs. Shamsul Huq, 51 DLR (AD) 169; Aftabuddin Vs. Mahfuzus Sobhan and others, 10 BLD (AD) (1990) 47, 42 DLR (AD) 78. Lawyers Involved: Khandker Mahbubuddin Ahmed with Ozair Farook, Advocate ‑ For the Appellant. TH Khan with Ozair Farook, Advocate ‑ For the Petitioner. AF Hasan Ariff, ..Category: Civil Law | Date: | Hits: 73
Chitta Ranjan Mistry and others Vs. Radheshyam Mistry and others, 2002, 31 CLC (HCD)
....by Manada Sundari in favour of defendant Nos. 1 and 2 was illegal, fraudulent, void, collusive and inoperative and the said deed created no right, title and interest of the said defendant in the suit land. 3. The plaint case, inter alia, was that the suit land measuring an area of 1.59 acres orig......anda Rana, Advocate - For the Petitioners. AH Farooqui with AM Ruhul Quddus, Advocates - For the Opposite Parties. Civil Revision No. 2608 of 1991. Judgment MA Wahhab Miah J. -This Rule was issued calling upon opposite parties Nos. 1‑3 to show cause as to why the judgment and decree d...... suit should not be set aside and or pass such other or further order or orders as to this Court may seem fit and proper. 2. The petitioners as plaintiffs instituted the said suit for declaration that the deed of gift dated 13‑12‑88 executed and registered by Manada Sundari in favour of defen......etitioner Vs. Radheshyam Mistry and others ……………Opposite Parties Judgment May 13, 2002. Result: The Rule is discharged. Lawyers Involved: Sadananda Rana, Advocate - For the Petitioners. AH Farooqui with AM Ruhul Quddus, Advocates - For the Opposite Parties. Ci..Category: Property Law | Date: | Hits: 65
....petitioner is, that originally the suit plot was allotted by the Government to one Md. Zahoor under Memo. No.588‑AO, dated 12.6.62 followed by proper conveyance deed dated 16.1.1963 leasing out the land to him for a period of 99 years and transferring to him by hire purchase the house built thereo......titioner
Vs.
Bangladesh, represented by the Secretary, MinisÂtry of Works & others…………………..Respondents
Judgment
July 29, 1993.
Result:
The Rule is discharged.
Cases Referred to-
Rahela Khatoon Vs. Chairman, Court of Settlement and others, 45 DLR 5; Hosne Ar......, represented by the Secretary, MinisÂtry of Works & others…………………..Respondents
Judgment
July 29, 1993.
Result:
The Rule is discharged.
Cases Referred to-
Rahela Khatoon Vs. Chairman, Court of Settlement and others, 45 DLR 5; Hosne Ara Begum Vs. Chairman, Court o......l Jurisdiction)
Present:
Habibur Rahman Khan J
Mohammad Fazlul Karim J
CQM Md. Ayub Ali.......................Petitioner
Vs.
Bangladesh, represented by the Secretary, MinisÂtry of Works & others…………………..Respondents
Judgment
July 29, 1993.
Result:
The ..
Category: Property Law | Date: | Hits: 81
Abdur Rahman (Md.) & another Vs. Government of Bangladesh and others, 2004, 33 CLC (HCD)
.... being Other Suit No.216 of 1975 against the Government of the People's Republic of Bangladesh (as principal defendant) and others on 2‑10‑1975 for a decree declaring their title in 0.20 acres of land of CS Plot No.3600 of Mouza Botardia. In that suit the three plaintiffs stated that their prede...... Bangladesh and others..............Respondents Judgment July 10, 2004. Result: The Rule is discharged. Lawyers Involved: Mahbubey Alam with Md. Abdul Alim Miah, Samarendra Nath Biswas Advocates-For the Petitioners. AF Hasan Ariff, Attorney General with Farah Mahbub, Assistant A......to have been made without lawful authority and is of no legal effect and or such order or further order or orders passed as to this Court may seem fit and proper. 2. The case of the petitioner is that three individuals being sons of late Hari Prashanna Ghosh filed a suit being Other Suit No.216 o......d others..............Respondents Judgment July 10, 2004. Result: The Rule is discharged. Lawyers Involved: Mahbubey Alam with Md. Abdul Alim Miah, Samarendra Nath Biswas Advocates-For the Petitioners. AF Hasan Ariff, Attorney General with Farah Mahbub, Assistant Attorney-Genera..Category: Property Law | Date: | Hits: 113
Nur Kader (Md.) Vs. Commissioner of Customs & others, 2004, 33 CLC (HCD)
....ort" means respectively bringing into and taking out of, the provinces or the capital of the Federation or any Acceding State, if the federal legislature has power to make laws for such state by sea, land or air". 10. Now we are to see as to whether strict narrow meaning of the word "Import" as d......r (Md.)..............................Petitioner Vs. Commissioner of Customs & others.................Respondents Judgment March 22, 2004. Result: The Rule is made absolute. Cases Referred to- A Hannan Vs. Collector of Customs, Customs House, Chittagong and others, 40 DLR......hout lawful authority and is of no legal effect and/or pass such other or further order or orders as to this court may seem fit and proper. 2. In the writ petition it has been stated, inter alia, that the petitioner in course of his business opened letter of credit No.1945‑3‑1‑1838 dated 17......tioner Vs. Commissioner of Customs & others.................Respondents Judgment March 22, 2004. Result: The Rule is made absolute. Cases Referred to- A Hannan Vs. Collector of Customs, Customs House, Chittagong and others, 40 DLR 273; Collector of Customs, Customs House..Category: Fiscal/Taxation Law | Date: | Hits: 111
....aintiff instituted Title Suit No.142 of 1991 in the Court of the Senior Assistant Judge, Sadar Sylhet impleading the opposite parties as defendants praying for declaration of title to second schedule land and recovery of khas possession therein. The plaintiff alleged that the first schedule land app...... issuance of the Rule is hereby vacated.
Ed.
This Case is also Reported in: 57 DLR (2005) 51.......f 2002.
Judgment
Bijan Kumar Das J.- By this Rule the opposite party No.1 was called upon to show cause as to why impugned order No.104 dated 10‑6‑2002 passed by the Assistant Judge, Gowainghat, Sylhet in Title Suit No.31 of 1999 should not be set aside and/or pass such other or further or......gment
June 22, 2004.
Result:
The Rule is vacated.
Case Referred to-
Abul Kalam Azad and another Vs. Sushar Ali and others, 46 DLR (AD) 130.
Lawyers Involved:
JN Deb, Advocate‑For the Petitioner.
Not one appears- For the Opposite Parties.
Civil Revision No. 3699 of 2002...
Category: Property Law | Date: | Hits: 71
Rafia Begum Vs. Afroza Bewa and others, 2004, 33 CLC (HCD)
....s Suit No.2 of 1994 dismissing the suit. 2. The appellant as plaintiff filed the above suit against original defendant Dr. GM Enamul Huq (now dead) for simple declaration of her title in the suit land described in the schedule of the plaint alleging, inter alia, that she was married with the ori......e with a copy of this judgment for information. Ed. This Case is also Reported in: 57 DLR (2005) 48. ......intiff filed the above suit against original defendant Dr. GM Enamul Huq (now dead) for simple declaration of her title in the suit land described in the schedule of the plaint alleging, inter alia, that she was married with the original defendant on 29‑11‑1984 on fixation of dower of Taka 60,00...... Vs. Afroza Bewa and others..............Defendants Respondents Judgment April 20, 2004. Result: The appeal is dismissed on contest. Lawyers Involved: Zahedul Bari, Advocate‑For the Appellant. Md. Amanullah, Advocate‑For the Respondents. Appeal from Original Decree (..Category: Property Law | Date: | Hits: 63
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