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Motiul Hoque Vs. Dhaka Improvement Trust (RAJUK) & another, 1990, 19 CLC (HCD)
....the result, the appeal is dismissed Without any order as to costs and the judgment and decree passed by the trial Court is hereby affirmed. Ed. This Case is also Reported in: 43 DLR (1991) 407. ......No. 103 of 1985 dismissing the suit on contest with cost. 2. The appellant Motiul Haque as plaintiff filed a suit for declaration with a prayer for a decree that the plaintiff has right, title and interest in the suit property measuring 10 kathas 1 chhatak of land situated in the Gulshan Model To..Category: Property Law | Date: | Hits: 87
Mohammad Abdul Alim Vs. Government of Bangladesh and others, 2009, 38 CLC (AD)
.... the continuance of the property as abandoned is not maintainable. Accordingly, the appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: VIII ADC (2011) 233.......n declared abandoned and accordingly vested in the Government as abandoned property rendering the deed of transfer in favour of the petitioner as void and the alleged transferee have not acquired any interest in the abandoned property, as such, the appellant-petitioner has no locus standi to file th..Category: Property Law | Date: | Hits: 65
Abdul Khaleque Sarder Vs. Mohammad Asgor Ali Morol and others, 2010, 39 CLC (AD)
....khatian in favour of the plaintiff and rightly decreed the suit. We find no substance in this petition which is accordingly dismissed. Ed. This Case is also Reported in: VIII ADC (2011) 211. ......ter on, the plaintiffs withdrew T.S. No.16 of 1991 due to the formal defects with a permission to sue afresh. The deeds shown to have been created by the defendants did not confer any right, title, interest in the suit land. The plaintiffs have been possessing the suit land within the knowledge of..Category: Property Law | Date: | Hits: 69
Tea Hung Packaging (BD) Limited and others Vs. Bangladesh, 2010, 39 CLC (AD)
..... 3 is also directed to file the concise statement within 9(nine) weeks from date. The appeal is fixed for hearing on 25th January, 2011. Ed. This Case is also Reported in: VIII ADC (2011) 206.......urendra Kumar Sinha J. - The subject matter of these petitions are similar and the parties involve in these petitions are same. Accordingly, these petitions are taken up for analogous hearing for the interest of justice and to avoid repetition. 2. Civil Petition No.1246 of 2010 arose from the jud..Category: Criminal Law | Date: | Hits: 70
Giasuddin Ahmed and others vs. Bangladesh and others, 2010, 39 CLC (HCD)
....cate the judgment and order to respondent No.2 and 6 at once. Ms. Naima Haider J. - I agree. Ed. This Case is also Reported in: 31 BLD (HCD) (2011) 405; 64 DLR (HCD) (2012) 314. ...... Telephone Board Ordinance, 1979 by Section 2 of the Bangladesh Telegraph and Telephone Board (Amendment) Ordinance, 2008. Sub-section (1) of Section 5A empowered the Government to transfer in public interest the undertaking of BTT B including its officers and employees to a public limited company r..Category: Constitutional Law | Date: | Hits: 145
Sk. Abul Qasem and others Vs. Mayez uddin Mondal and others, 1992, 21 CLC (HCD)
....rder of stay granted earlier by this Court is hereby vacated. Let a copy of this order be transmitted to the court below immediately. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 169. ......out from establishing the same by expert's opinion after examination and comparison of the LTI of the executant Nihar Bala by a finger‑print expert which the defendant petitioners want to do in the interest of justice. He further submits that it is true that the learned Subordinate Judge is quite ..Category: Procedural Law | Date: | Hits: 84
Moyezuddin Mondal Vs. Bena Rani Das & others, 1992, 21 CLC (HCD)
....d order stands valid and effective being not challenged. Let a copy of the judgment be transmitted to the Court concerned at once. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 154. ...... obtaining necessary stamps from the treasury and ultimately she had sold out the suit‑property to the defendants 2 and 3 by two registered deeds dated 29.6.88 and divested all her right, title and interest in the same in their favour; that the plaintiff-petitioner played a foul game with her da..Category: Procedural Law | Date: | Hits: 76
...., PS Gulshan, Dhaka now detained in Dhaka Central Jail be at once released from custody if not wanted in connection with any‑other case.
Ed.
This Case is also Reported in: 43 DLR (1991) 372.
......ice the maintenance of supplies and services essential to the community;
(vii) to cause fear or alarm to the public or to any section of the public;
(vii) to prejudice the economic or financial interest of the state;”
Here we are concerned with a part of section 2 (f)(iii) which states th..
Category: Constitutional Law | Date: | Hits: 178
Silver Estate Ltd. Vs. Abdul Hakim Mia and others, 1991, 20 CLC (HCD)
....the defendants over the title of the suit property. In that view of the matter cross‑objection filed by the respondent No. 1 is rejected. Ed. This Case is also Reported in: 43 DLR (1991) 360. ......dge, Dhaka in Title Suit No. 29 of 1983 dismissing the suit for Specific Performance of Contract for sale of the suit property after declaring that the defendant Nos. 2 and 4 have no right, title and interest therein. 2. The appellant as plaintiff filed the aforesaid Title Suit No. 29 of 1983 in ..Category: Civil Law | Date: | Hits: 92
Md. Abul Hashem alias Bachhu Vs. Abdul Latif, 2009, 38 CLC (HCD)
....rder 9 Rule 13 of the Code of Civil Procedure are set aside and the ex parte decree dated 29.12.1982 is upheld. Ed. This Case is also Reported in: 31 BLD (HCD) (2011) 441, 8LG (2011) HCD 305. ...... possessing the same on payment of taxes; that the wrong recording of Diara khatian in name of the three sets of defendants opposite parties in different khatians have not created any right, title, interest and possession in the suit land which cast a cloud on their title and hence the suit. 3...Category: Property Law | Date: | Hits: 82
Anika Ali Vs. Rezwanul Ahsan, 2011, 40 CLC (AD)
....on. This petition is dismissed with the above observations without, however, any order as to costs. Ed. This Case is also Reported in: 17 BLC (AD) (2012) 77, 17 MLR (AD) (2012) 49. ...... any way by the impugned judgment and order. He further submits that in a case of this nature where the marriage has broken down between two adults, the child of the union is the victim, and his best interests should be protected. 10. We have considered the submissions of the learned advocat..Category: Family Law | Date: | Hits: 327
Government of Bangladesh Vs. Abdul Wahid Sheikh (dead) his heirs & others, 1990, 19 CLC (HCD)
....gment delivered by the learned Subordinate Judge also abates. The appeal is, accordingly, disposed of. There shall be no order as to costs. Ed. This Case is also Reported in: 43 DLR (1991) 308. ......it praying for declaration of their raiyati right to the disputed land measuring 29.82 described in the schedule to the plaint, plaintiffs' case is that plaintiff No. 1 along with predecessors‑in‑interest of the plaintiffs 2‑14 namely. Jabbar Ali Sheikh, Gagan Ali Sheikh, Hamid Ali Sheikh, Wah..Category: Property Law | Date: | Hits: 77
AHM Kamaluddin another Vs. The State, 1989, 18 CLC (HCD)
....the result, the application is summarily rejected. Let a copy of this judgment be sent to the Court of the Divisional Special Judge, Dhaka. Ed. This Case is also Reported in: 43 DLR (1991) 294. ......ans abusing their position as public servant obtained pecuniary advantage either for themselves or for the borrower and that they also committed prejudicial act to prejudice the economy and financial interest of the State (see the definition of "State" in Article 152(1) of the Constitution). After f..Category: Criminal Law | Date: | Hits: 63
Abdul Hakim and others Vs. The State, 1990, 19 CLC (HCD)
....dingly discharged. The stay granted earlier is hereby vacated. The proceeding is to continue. Inform the Court below. Ed. This Case is also Reported in: 43 DLR (1991) 291, 43 DLR (1991) 389. ......out to him or could not possibly be read over to him for him to admit or to deny or to examine its correctness or not even shown to him and signed by him, specially when the said are made against his interest and would be used against him, it could not be said that the said would be cured under sect..Category: Criminal Law | Date: | Hits: 74
....tion. The rule is accordingly discharged without any order as to costs.
The order of stay granted earlier by this Court is hereby vacated.
Ed.
This Case is also Reported in: 43 DLR (1991) 282.......n 29 DLR (SC) 311 (Golam Hafiz Mia Vs. Khadem Ali Meah) the learned Advocate submits that amendment of the pleading can be made at any stage of the suit provided such amendment does not prejudice the interest of the other party which it has got by lapse of time nor it would change the nature of suit..
Category: Property Law | Date: | Hits: 146
....formance of contract is dismissed.
There will, however, be no order as to costs. Let the lower Court's records be sent down immediately.
Ed.
This Case is also Reported in: 43 DLR (1991) 256.
......ff paid two instalments amounting to Tk. 11,70,000.00 and Tk. 8,10,000‑00 being down payment before taking delivery of possession and Tk. 3,60,000.00 as annual installment for the current year with interest.
3. It is further stated by the plaintiff that house Nos. 371, 372 and 127, Elephant Roa..
Category: Property Law | Date: | Hits: 73
Mosharraf Hossain Mia Vs. Mosammat Hasina Begum and others, 1990, 19 CLC (HCD)
....mpugned order of the learned Subordinate Judge is set aside. The learned Subordinate Judge should dispose of the suit as early as possible. Ed. This Case is also Reported in: 43 DLR (1991) 254. ......ection 16(d) of the Code of Civil Procedure runs as follows: "16. Subject to the pecuniary or other limitation prescribed by any law, suits‑ (d) for the determination of any other right to or interest in immovable property." 7. From the above position of law it appears that the contention..Category: Property Law | Date: | Hits: 85
....ned Advocate for the petitioner. On the contrary they go against him.
In the grounds stated above the application is summarily rejected.
Ed.
This Case is also Reported in: 43 DLR (1991) 223.
......llegation later on brought against him the petitioner company's Enquiry Officer would have taken care to obtain the signature of respondent No. 2 worker on such an important admission against his own interest. To our horror we find that to help the employer the domestic enquiry officer went to the e..
Category: Employment/Service Law | Date: | Hits: 89
Dewan Mohammad Safare Ali & others Vs. People's Republic of Bangladesh, 1990, 19 CLC (HCD)
....ance with the principle laid down in Order XLI Rule 21 of the CPC. In the result, the rule is made absolute without any order as to costs. Ed. This Case is also Reported in: 43 DLR (1991) 221.......e name of predecessor of the plaintiffs is forged and fabricated document; and Pear Ullah was not the owner of 0.30 decimals of land in plot No. 158 and as such by purchase from him Ahmed acquired no interest there and that the SA khatian has been correctly prepared and that the plaintiff has no tit..Category: Property Law | Date: | Hits: 60
Hussain Mohammad Ershad Vs. State, 1991, 20 CLC (HCD)
....e, with the above observation I fully agree with the decision of my learned brother Anwarul Hoque Chowdhury J. that the rule be discharged. Ed. This Case is also Reported in: 43 DLR (1991) 347. ......cation before moving the instant application and in the instant case it being not a case of taking notice by this Court Suo motu or on the report of the lower court, but on the application of a party interested, the question of Court's inherent power of taking cognizance suo motu also would not aris..Category: Criminal Law | Date: | Hits: 73
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