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Tenu Miah and others Vs. The State, 1990, 19 CLC (HCD)
....o married the sister of accused Tenu married another girl for the second time about two years back. On this issue bad blood was created between the parties. Suruj and Chand Mia also were possessing a land for a pretty long time. Matbar Ali also laid his claim to title to that land and tried to take ...... is altered to that of under section 304‑Part‑ 1 from sections 302/149 of the Penal Code. Ed. This Case is also Reported in: 43 DLR (1991) 633. ...... Jail Code as the conviction of death sentence is altered to that of under section 304‑Part‑ 1 from sections 302/149 of the Penal Code. Ed. This Case is also Reported in: 43 DLR (1991) 633. ..Category: Criminal Law | Date: | Hits: 68
Hameeda Banu Vs. AFM Naziruddin, 1990, 19 CLC (HCD)
....tuted the suit on 29.8.80 praying for two declarations simpliciter as follows: "That a decree be passed declaring that the plaintiff is the irrevocable licencee of the defendant in the A' schedule land and that he is the real and absolute. owner of the dwelling house of three‑storied building a......the appeal as well as in the suit. Ed. This Case is also Reported in: 43 DLR (1991) 623. ......nd the suit is dismissed. In the facts and circumstances of the case, we make no order as to costs in the appeal as well as in the suit. Ed. This Case is also Reported in: 43 DLR (1991) 623. ..Category: Property Law | Date: | Hits: 110
Anu Bala Vs. Upazila Nirbahi Officer, Perojpur and Others, 1990, 19 CLC (HCD)
....binding upon the plaintiff. 3. It is the contention of the plaintiff in the suit that Agni Kumar, Krishna Kanta, the predecessors of the husband of the plaintiff had been owner of 64 decimals of land of 4 items of properties described in schedule 'Ka' and Kha' to the plaint. Krishna Kanta died ......itioner Vs. Upazila Nirbahi Officer, Perojpur and Others...................Opposite‑Party. Judgment November 4, 1990. Cases Referred to- Circle Officer, Sutrapur Vs. Mohammad Hosain, 1990 BLD 12; Bangladesh Vs. Jahiruddin, 1986 BLD (AD) 190. Lawyers Involved: AK Badrul Huq......ch we find no illegality to interfere in the Revisional jurisdiction of this Court. In the result, this application is summarily rejected. Ed. This Case is also Reported in: 43 DLR (1991) 611...Category: Limitation Law | Date: | Hits: 192
Kutub Uddin Bhuiyan and others Vs. Sakhina Bibi and others, 1990, 19 CLC (HCD)
....932 of 1982 in the Court of Munsif, 6th Court, Dhaka for declaration that the Revenue sale held on 25.9.45 is null and void and not binding upon them. Their case was that the taluk including the suit land measuring 1.42 acres originally belonged to one Radha Chand Naha and on his death his interest ......o order as to costs. Ed. This Case is also Reported in: 43 DLR (1991) 601....... including the suit land measuring 1.42 acres originally belonged to one Radha Chand Naha and on his death his interest devolved upon his sons Govinda Charan Naha and Prasanna Kumar in equal share in ejmali. While they were owning the same Govinda Charan Naha sold his half share to the plaintiffs by..Category: Property Law | Date: | Hits: 92
Abul (Md.) Kashem & others Vs. Ashrafuzzaman, 1990, 19 CLC (HCD)
....ng valuation. 2. The plaintiff filed Other Suit No. 14 of 1984 in the Court of Subordinate Judge, Cox's Bazar against the defendants declaration of title and confirmation of possession in the suit land measuring 2.30½ acres of land value in the same at Tk. 51,000.00. In the plaint the plaintiff ......order be transmitted to the Court below. Ed. This Case is also Reported in: 43 DLR (1991) 596. ......of the case within three months of the receipt of the copy of this judgment. Let a copy of this order be transmitted to the Court below. Ed. This Case is also Reported in: 43 DLR (1991) 596. ..Category: Civil Law | Date: | Hits: 94
Khelu Mia and others Vs. State, 1990, 19 CLC (HCD)
....ho used to carry on logni (money lending) business and who had enmity with other person connected with that business; of course, PW 1 Abdul Gani had previous enmity with the accused‑appellants over land and other matters and for that he has falsely implicated them in this case including accused Ab......them. Let the appellants be set at liberty at once, if not wanted in any other connection. Ed. This Case is also Reported in: 43 DLR (1991) 573. ......are acquitted of the charges levelled against them. Let the appellants be set at liberty at once, if not wanted in any other connection. Ed. This Case is also Reported in: 43 DLR (1991) 573. ..Category: Criminal Law | Date: | Hits: 82
Abdul Quader Chowdhury Vs. Sayedul Hoque & others, 1990, 19 CLC (HCD)
....Additional Deputy Commissioner, (Rev.) cancelling the lease of the plaintiffs on 15.8.85 is void, illegal and not binding on the plaintiffs. The case of the plaintiffs‑opposite parties was that the land in suit measuring 78.23 acres in plot No. 123 of Mouza Char Wapda was recorded in a block durin......Vs. Hiru and others, 1936 Lah 138; Salyendra Kishore Roy Vs. Ramendra Kishore Roy, 7 BCR 227 (AD); Hazi Nurul Islam Vs. Serajul Islam and others, 4 BCR 1984 (AD) 401. Lawyers Involved: Ruhul Amin‑II with Golam Mohiuddin, Advocates ‑For the Petitioner. Ruhul Amin, Advocate ‑ For the O......s hereby affirmed. In the result, both these Rules are discharged. No order as to Cost. The connected stay orders are hereby vacated. Ed. This Case is also Reported in: 43 DLR (1991) 568. ..Category: Property Law | Date: | Hits: 72
Bangladesh Vs. Dewan Obaidur Reza Chowdhury and Others, 1990, 19 CLC (HCD)
.... 28.8.67 passed by the learned Munsif, Sunamgonj, Sylhet in Title Suit No. 43 of 1966. 2. The present respondent as plaintiff instituted the above suit for declaration of his title in the disputed land described in the second schedule of the plaint. Plaintiff’s case is, inter alia, that the lan..............................Appellant Vs. Dewan Obaidur Reza Chowdhury and Others.................Respondents. Judgment November 29, 1990. Cases Referred to- Md. Ibrahim Vs. Md. Alauddin, 27 DLR 413; Abdul Mannan and others Vs. Halima Khatun and others, 27 DLR 465; Gappulal Vs. Thaku......are upheld. In the facts and circumstances of the case, there will be no order as to costs. Send down the lower Courts records immediately. Ed. This Case is also Reported in: 43 DLR (1991) 551. ..Category: Property Law | Date: | Hits: 101
Adam Ali Bepari Vs. Abdur Rahman Dewan & others, 1991, 20 CLC (HCD)
.... an error of law in its decision in dismissing the pre‑emption case holding that the case is not maintainable under section 96 of the State Acquisition and Tenancy Act, 1950 on the finding that the land under pre‑emption is not an agricultural land. 3. The petitioner instituted Miscellaneous .....................Opposite Parties. Judgment February 5, 1991. Cases Referred to- Dulichand Mehesriand and others Vs. Prohlad Chandra and others, 1945 Cal 50; M/s Lutfun Nahar Vs. Syeeda Hasinal Ara Begum and another, 21 DLR 633; Akbar Ali and others Vs. Zahiruddin Kari and others, 30 DLR ......I do not find any reason to interfere with the judgment and order impugned. In the result, the Rule is discharged. No order as to costs. Ed. This Case is also Reported in: 43 DLR (1991) 510. ..Category: Property Law | Date: | Hits: 95
Abdul Majid Vs. Akhil Chandra Sengupta and others, 1991, 20 CLC (HCD)
....ed an error in law in its decision in holding that the pre‑emption case is barred by limitation on an erroneous view of section 60 of the Registration Act inasmuch as the case for pre‑empting the land was filed on 12.2.85 while the document was registered on 17.11.84. Secondly, he argues that th......an, Advocates ‑For the Petitioner. SC Das, Advocate ‑ For the Opposite Party. Civil Revision No. 1 of 1987. Judgment AM Mahmudur Rahman J. - By this Rule pre‑emptor petitioner calls in question the judgment and order of affirmance dated 17.9.86 of the learned Subordinate Judge, Net......s correct. For the aforesaid reasons the judgment cannot be sustained. In the result, the Rule is made absolute. No order as to cost. Ed. This Case is also Reported in: 43 DLR (1991) 506. ..Category: Property Law | Date: | Hits: 97
Ahmed Kabir Vs. Haji Mazahar Ahmed and others, 1990, 19 CLC (HCD)
....necessary for disposal of this Rule are that the plaintiff instituted Title Suit No. 498 of 1981 in the Court of Munsif, Cox's Bazar for declaration of their right, title and interest in the disputed land on the basis of purchase and also for confirmation of possession therein on various allegations........................................Petitioner Vs. Haji Mazahar Ahmed and others...............Opposite Parties. Judgment July 25, 1990. Cases Referred to- Keramat Ali Bepari Vs. Province of East Pakistan, 22 DLR 646; Syed Ahmed Vs. Keshab Chandra and another, 1988 AD 60. Lawyers......ion of the suit after giving sufficient opportunity to both the parties. In the result, the Rule is made absolute. No order as to costs. Ed. This Case is also Reported in: 43 DLR (1991) 500. ..Category: Procedural Law | Date: | Hits: 83
Nehal Uddin (Md.) and others Vs. Amena Khatun and others, 1990, 19 CLC (HCD)
....ed by the learned Subordinate Judge, Rangpur in Title Appeal No. 54 of 1966 reversing those dated 9.2.66 passed by the learned Munsif, 1st Court, Rangpur. 2. Plaintiffs case, in short, is that the land hereinafter called the suit property covered by Khatian No. 14 (Ext. 2) of Mouza Marichbari wit......t down expeditiously. Ed. This Case is also Reported in: 43 DLR (1991) 492.......2‑ 1 5 1.34 acres of land in 1363 B.S. and 1364 B.S. vide Kabala Exts. 1(c)4(d) out of her kabala purchased lands covered by Exts. 1-1(b). Since her purchase of the lands, the plaintiff 66s been in ejmali possession of the suit‑land with the other co‑sharers in the suit property. The land sold..Category: Property Law | Date: | Hits: 71
Delta Jute Mills Limited and another Vs. Sonali Bank and others, 1990, 19 CLC (HCD)
....procuring machinery and equipment would 'he secured by "Rupee debenture" repayable in 36 equal half-yearly instalments. Subsequently, in view of expenses involved the parties mutually agreed that the land, building and machineries of the mills would be mortgaged with the IDBP instead of rupee debent......dering the facts of the case, we, however, award cost against Respondent No. 2 only. Ed. This Case is also Reported in: 43 DLR (1991) 483. ......hout lawful authority and is of no legal effect. Considering the facts of the case, we, however, award cost against Respondent No. 2 only. Ed. This Case is also Reported in: 43 DLR (1991) 483. ..Category: Company Law | Date: | Hits: 213
Gulshan Ara Begum Vs. Moazzem Hossain Chowdhury and others, 1990, 19 CLC (HCD)
....are that the Opposite Party Nos. 1 and 2 as plaintiffs instituted the aforesaid Title Suit No. 95 of 1982 in the 1st Court of the Subordinate Judge, Dhaka on 3rd March, 1982 for partition of the suit land impleading Moazzem Hossain Chowdhury as defendant No. 1. This Moazzem Hossain Chowdhury is the ......ision (Civil Revisional Jurisdiction) Present: Md. Mozammel Hoque J Habibur Rahman Khan J Gulshan Ara Begum alias Jhanara and others................Petitioners Vs. Moazzem Hossain Chowdhury and others ..................Opposite Parties. Judgment February 19, 1990. Cas......h law as expeditiously as possible after giving due notices to the parties concerned Let the lower Court's records be sent down at once. Ed. This Case is also Reported in: 43 DLR (1991) 481. ..Category: Procedural Law | Date: | Hits: 68
Sk. Shahadat Ali and others Vs. Deputy Commissioner, Khulna and others, 1992, 21 CLC (HCD)
....nur Reza Chowdhury J.- This Rule Nisi under Article 102 of the Constitution was issued calling upon the respondents to show cause as to why the forcible eviction of the petitioners from 0.29 acres of land recorded in SA Khatian Nos. 1913, 1992, 1924, 1952, 1991 and 1912 corresponding to new RS Kha......petitioners be restored to full physical possession of their land in question. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 237. ......without any order as to costs. It is directed that the petitioners be restored to full physical possession of their land in question. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 237. ..Category: Property Law | Date: | Hits: 138
Bangladesh Vs. Md. Ishaque being dead his heirs Lakhaxmi Bibi and others, 1992, 21 CLC (HCD)
....ferred To- Ishaque Vs. Bangladesh, 43 DLR (AD) 28; Abdul Gafur Khan and another Vs. Government of Bangladesh & ors., 42 DLR (AD) 99; Pearlman Vs. Keepers and Governors of Harrow School, All England Law Report Vol.1 1979 page 365; Anisminic Vs. Foreign Compensation etc., All England Law Repo...... High Court Division (Civil Miscellaneous Jurisdiction) Present: ARM Amirul lslam Chowdhury J Md. Sirajul Islam J Bangladesh……………………Appellant Vs. Md. Ishaque being dead his heirs Lakhaxmi Bibi and others....................Respondent Judgment October 29......r proceedings of Money Execution case No.24 of 1986 of the 3rd Court of Subordinate judge, Dhaka be stayed till 15th February, 1993. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 223. ..Category: Property Law | Date: | Hits: 76
Surat Ali (Md) Vs. Administrator of Waqfs and others, 1991, 20 CLC (HCD)
....Municipal Corporation resists this Rule by filing an Affidavit‑in-opposition. 3. The short facts relevant for disposal of this Rule are: the petitioner along with others inherited 0.145 acres of land appertaining to plot No.196 (Part) 212 (Part) of CS Khatian No.361 of Mouza natun Paltan includ......gal effect. In the result, the rule is made absolute. No order as to costs. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 218. ......en passed without any lawful authority and are of no legal effect. In the result, the rule is made absolute. No order as to costs. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 218. ..Category: Trust/Waqf Law | Date: | Hits: 183
Anwara Rashid and others Vs. Deputy Commissioner, Dhaka and others, 1992, 21 CLC (HCD)
....1 of 1992, 1059 of 1992 and 1060 of 1992. Judgment Kazi Ebadul Hoque J.- In those Rules Deputy Commissioner, Dhaka and others have been asked to show cause as to why acquisition of petitioner's lands in question should not be declared to have been made without lawful authority and of no legal ......es are discharged without any order as to costs. Orders of stay stand vacated. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 207. ...... the rules under judgment. In the result all the Rules are discharged without any order as to costs. Orders of stay stand vacated. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 207. ..Category: Property Law | Date: | Hits: 79
Dr. Kazi Mozammel Hoque Vs. State, 1992, 21 CLC (HCD)
....her is unquestionably the guardian of the minor girl according to the Majority Act as well as under the provision of law as defined under section 361 of the Penal Code. This is the settled law of the land. But there is a great controversy over the question up to what age a girl is to be considered m......rule is discharged. Let this order be communicated to the trial Court for information. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 197. ......s concerned in the case. In the result, the rule is discharged. Let this order be communicated to the trial Court for information. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 197. ..Category: Criminal Law | Date: | Hits: 80
Progati Industries Ltd. Vs. Shahida Khatun and others, 1991, 20 CLC (HCD)
....No. 347 of 1977 in the First Court of the Subordinate Judge, Dhaka on 14.9.1977 against defendants for declaration of tide and recovery of khas possession in the suit property measuring 1.50 acres of land with buildings and structures thereon appertaining to plot Nos. 151 and 157 of Tejgaon Industri......gati Industries Ltd...........................Appellant Vs. Shahida Khatun and others……...............Respondents. Judgment January 16, 1991. Cases Referred to- Abdul Gani Vs. Dina Bandhu, 14 DLR 663; Mst. Ghulam Sakhina Vs. Omar Bakh and another, 16 DLR SC 389 41. Lawyers ......st Court of Subordinate Judge, Dhaka is dismissed. Let a copy of this judgment be forwarded to the Secretary, Ministry of Law and Justice. Ed. This Case is also Reported in: 43 DLR (1991) 429...Category: Property Law | Date: | Hits: 69
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