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Marida Begum and others Vs. Moulavi Md. Hasan and others, 1989, 18 CLC (HCD)
....the High Court and Supreme Court decisions were not bound by them. 2. The plaintiffs further prayed for permanent injunction restraining the defendant‑petitioners from dispossessing him from the lands described in the schedule to the plaint measuring 14.23 acres of land. 3. The facts leading......................Petitioner Vs. Moulavi Md. Hasan and others.................Opposite Parties. Judgment August 9, 1989. Cases Referred to- Dwarkanath Mandal and another Vs. Sri Gobinda Chowdhury, AIR 1929 Cal 130; Wolverhampton New Water Works Company Vs. Hawkesford, 37 LJ 248; S....... The plaints of Title Suit Nos. 86 of 1973 and 94 of 1973 be rejected. The Rules are accordingly made absolute. I make no order as to costs. Ed. This Case is also Reported in: 43 DLR (1991) 242...Category: Civil Law | Date: | Hits: 79
Fahim Al Haque (Minor) and another Vs. Mohammad Abdul Aziz and others, 1990, 19 CLC (HCD)
....iffs are the petitioners in this application. It is their case that they filed a suit being title Suit No. 35 of 1986 in the Court of the learned Subordinate Judge, Faridpur for partitioning the suit land. The plaintiffs after filing the suit filed an application under Order 39 rules 1 and 2 of the ...... Case is also Reported in: 43 DLR (1991) 226.......e suit as expeditiously as possible preferably within six months from the date of receipt of this order if the suit is otherwise found ready. Ed. This Case is also Reported in: 43 DLR (1991) 226...Category: Property Law | Date: | Hits: 59
Dewan Mohammad Safare Ali & others Vs. People's Republic of Bangladesh, 1990, 19 CLC (HCD)
....g rise to this Rule may briefly be stated thus: Petitioners as plaintiffs instituted the suit in the 1st Court of Munsif, Tangail being OC suit No. 590 of 1981 for declaration of title to the suit land contending inter alia that 4 sons of Saraiat Ullah were the owners of the rayoti jote comprisin......ple's Republic of Bangladesh……………………………….Opposite Party. Judgment April 10, 1990. Lawyers Involved: Gour Gopal Saha, Advocate ‑For the Petitioner. Mashuk Hossain Ahmed, Assistant Attorney General ‑For the State. Civil Revision No 397 of 1986. Judgment......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...Category: Property Law | Date: | Hits: 60
Nazrul Islam and others Vs. The State, 1991, 20 CLC (HCD)
....at P.W.2 Kawsar Ali had committed rape upon Papia Khatun wife of Sabdul and Kawsar had requested accused Kashem to do away with Sabdul giving assurance that he will give Tk. 3000.00 and two bighas of land. He sent the Petition to the Officer‑in‑Charge Kaliganj for inquiries who submitted report ...... The non‑appellant accused Kashem will however not get any benefit of this appeal. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 142. ...... not wanted in connection with any other case. The non‑appellant accused Kashem will however not get any benefit of this appeal. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 142. ..Category: Criminal Law | Date: | Hits: 86
Md. Riaz Uddin Khan and another Vs. Mahmudur Rahman and others, 2010, 39 CLC (AD)
....fering with the administration of Justice by "shaking the confidence of the public in the court or Judge scandalized". The learned Chief Justice further argued that if the Judges are exposed to such slanderous attacks, their independence is bound to be shaken and it might well result in destroying t......h the above observations. This Case is also Reported in: 8 LG (AD) (2011) 122. ......of Tk. 100/-, in default, to suffer simple imprisonment for 1(one) day. They respondent No.2 is let off the charge with the above observations. This Case is also Reported in: 8 LG (AD) (2011) 122. ..Category: Criminal Law | Date: | Hits: 124
Provas Chandra Banik Vs. Naresh Chandra Banik and others, 2009, 38 CLC (AD)
....ly to deprive the plaintiffs of their lawful properties and, as such, the defenÂdant Nos. 1-4 be directed to evict from the suit property. Plaintiff's case is that property meaÂsuring 0.26 acres of land comprised in Plot Nos. 240 and 160 under CS Khatian No.166 and Hal Mutation Khatian No.77/4 wit......tioner. The leave petition is thus dismissed having no merit. Ed. This Case is also Reported in: 16 BLC (AD) (2011) 62. ......suit property was a part of the joint property of the Hindu joint family which has correctly came to the hand of Gobinda Banik through amicable settlement. The learned Single Judge also observed that ejmali property situated in any part of the world may be brought in the hotchpots of the suit accord..Category: Property Law | Date: | Hits: 75
Saifur Rahman Vs. Government of Bangladesh, 1990, 19 CLC (HCD)
....n application under Article 102 of the Constitution an order passed by the Government, the respondent No. 1, under Memo No. 11‑1/86/230 dated 5.6.86 (Annexure 'H') whereby the settlement of certain lands granted to the petitioner by the Deputy Commissioner, Bhola, sometime in 1951, was cancelled a......without lawful authority and are of no legal effect. There is no order as to cost. Ed. This Case is also Reported in: 43 DLR (1991) 210. ......d 19.11.86 as at Annexure 'H' and Tare declared to be without lawful authority and are of no legal effect. There is no order as to cost. Ed. This Case is also Reported in: 43 DLR (1991) 210. ..Category: Property Law | Date: | Hits: 63
Boynuddin and others Vs. Azimuddin and others, 1989, 18 CLC (HCD)
.... this Rule are that one Hakimuddin Pramanik, as plaintiff, instituted a suit in the Court of the learned Munsif, Sadar, Rajshahi being OC Suit No. 167 of 1958 for declaration of his title in the suit lands and for recovery of khas possession in ejmali with the defendant No. 17 on a declaration that ......estored. Ed. This Case is also Reported in: 43 DLR (1991) 207. ......as plaintiff, instituted a suit in the Court of the learned Munsif, Sadar, Rajshahi being OC Suit No. 167 of 1958 for declaration of his title in the suit lands and for recovery of khas possession in ejmali with the defendant No. 17 on a declaration that the kabala dated 24.11.48 is void and for rec..Category: Procedural Law | Date: | Hits: 83
Habibullah Chowdhury (Md.) Vs. Rajdhani Unnayan Kartipakhho and another, 1990, 19 CLC (HCD)
....as no violation of the provision of section 3B of the Act or of the principle of natural justice in passing the impugned order. He further submitted that since there is no question of improper use of land in this case and since the petitioner constructed the tin shed without sanction the respondents......s vacated. Let a copy of the judgment be served on the respondents for future guidance. Ed. This Case is also Reported in: 43 DLR (1991) 187....... to costs and the order of stay passed by this Court is vacated. Let a copy of the judgment be served on the respondents for future guidance. Ed. This Case is also Reported in: 43 DLR (1991) 187...Category: Property Law | Date: | Hits: 77
Idris Mia (Md.) Vs. Promode Ranjan Das & others, 1992, 21 CLC (HCD)
....ar under section 96 of the State Acquisition and Tenancy Act against the pre‑emptee purchaser and petitioner in this revision petition and other opposite parties alleging, inter alia, that the case land belonged to opposite parties 4 and 5, who sold the same to the opposite parties 1‑3 by a kaba......Md. Iman Ali @ Md. Iman Miah and others, 1981 BLD (AD) 280; Akhtarunnessa and others Vs. Habibullah & Others 31 DLR (AD) 88. Lawyer Involves: BK Das, Advocate ‑ For the Petitioner. SK Sinha with Mahbub Ali, Advocates ‑ For the Opposite Parties. Civil Revision No. 270 of 1980. ......tion of law I find that the application for pre‑emption has been rightly allowed. The rule is, therefore, disclosed without costs. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 127...Category: Property Law | Date: | Hits: 72
Ismail Mohammad Vs. Motasim Ali Chowdhury, 1993, 22 CLC (HCD)
....that the opposite party being plaintiff instituted the aforesaid Title Suit No.226 of 1985 for declaration of title and recovery of khas possession on the averment that the suit plot along with other lands originally belonged to Budhu Majhi in rayati right and his name was correctly recorded in CS K......mmad...........................Petitioner Vs. Motasim Ali Chowdhury...................... ....Opposite Party Judgment January 13, 1993. Cases Referred To- Alokeshi Banik Vs. Aftabuddin, PLD 1963 Dhaka 87; M/s. Bangladesh Rubber Industries Vs. Lutfunnessa, 1983 BLD (AD) 220; Shamsul......record. The learned Advocate may move an application before the trial Court, if so advised. Accordingly the application is disposed of. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 123...Category: Property Law | Date: | Hits: 79
State Vs. Md. Monirul Islam alias Nirab and others, 2011, 40 CLC (AD)
.... Supreme Court, High Court DiviÂsion as well as the Appellate Division, is the creation of the Constitution. As such, both the Divisions function according to the ConstituÂtion and the laws of the land. 6. The procedures for administering criminal justice are contained in the Code of Criminal ......tion is disposed of. Ed. This Case is also Reported in: 16 BLC (AD) (2011) 53, 19 BLT (AD) (2011) 144, 8 LG (AD) (2011) 168, VIII ADC (2011) 620. ......rate forthwith. With this direction, the petition is disposed of. Ed. This Case is also Reported in: 16 BLC (AD) (2011) 53, 19 BLT (AD) (2011) 144, 8 LG (AD) (2011) 168, VIII ADC (2011) 620. ..Category: Criminal Law | Date: | Hits: 89
Budhiswar Biswas Vs. Akbar Ali Sheikh and others, 1990, 19 CLC (HCD)
....s which has given rise to the rule are as follows: The opposite parties as plaintiffs, brought the Title Suit, No. 339 of 1970 for Specific Performance of Contract for the reconveyance of the suit land in the 1st Court of Munsif, Kushtia against the defendant‑petitioner alleging, inter alia, th......s Involved: Hasan Foez Siddique, Advocate -For the Petitioner. Not represented- the Opposite Party. Civil Revision No. 1181 of 1980. Judgment Habibur Rahman Khan J. - This Rule at the instances of the defendant‑petitioner is directed against the judgment and decree dated 4.3.80 and......nd hence those are set aside resulting in the dismissal of the suit. This rule is, accordingly made absolute without any order as to cost. Ed. This Case is also Reported in: 43 DLR (1991) 183...Category: Property Law | Date: | Hits: 74
Gura Meah Vs. Hari Pada Parial & others, 1990, 19 CLC (HCD)
....sh Pada Parial as plaintiff instituted Partition Suit No. 87 of 1969 against Priya Bandhu Bhattacherjee, Nirmal Chandra Bhattacherjee, Haripada Parial and Nirode Baran. His case was that the disputed land measuring 1.51 acres appertaining to RS khatian No. 966 and 4072 of Mouza Paschim, Guzara under......ent July 22, 1990. Cases Referred to- H K Saya & Co. Vs. Wazir Ali Industries Ltd. and Habib Bank Ltd. 21 DLR (SC) 50; Sm. K. Ponnalagu Ammal Vs. The State of Madras, 1953 Mad. 485; Province of Bombay Vs. WI Automobile Association, 1949 Bom. 141. Lawyers Involved: Mustafa Niaz M......ubstance in this appeal for what have been discussed above. In the result, the appeal is dismissed but there will be no order as to costs. Ed. This Case is also Reported in: 43 DLR (1991) 181...Category: Property Law | Date: | Hits: 69
Zahir Sheikh Vs. Md. Yakub Ali and others, 1990, 19 CLC (HCD)
....itnesses. The contesting defendants filed an unsworn petition praying for dismissal of the suit on the ground of its non‑maintainability alleging that the schedule 2(ka) and 2 (kha) of the disputed land described in the plaint schedule situate at Trishal Upazila and as such the suit is not maintai...... SAM Mahbub Elahi, Advocates ‑For the Petitioner. Not represented ‑ the Opposite Parties. Civil Revision No. 805 of 1987. Judgment Habibur Rahman Khan J. - This Rule was issued at the instance of the petitioners calling upon the opposite parties No. 1 to 4 to show cause as to why the......ourt of Munsif, Bhaluka proceed with the suit in accordance with law. The Rule is accordingly made absolute without any order as to costs. Ed. This Case is also Reported in: 43 DLR (1991) 168...Category: Procedural Law | Date: | Hits: 102
Kadu and others Vs. State, 1990, 19 CLC (HCD)
....‘appellants, as it transpired from the trend of cross‑examination of prosecution witnesses, is that they had been falsely implicated in this case by PW 9 Abdur Rashid with whom they had enmity over land. Their plea is that the occurrence, which led to the murder of Asak Ali, did not take place at ......e not wanted in any other connection. Let the lower Court's records be sent down at once. Ed. This Case is also Reported in: 43 DLR (1991) 163. ......de. They be set at liberty forthwith if they are not wanted in any other connection. Let the lower Court's records be sent down at once. Ed. This Case is also Reported in: 43 DLR (1991) 163. ..Category: Criminal Law | Date: | Hits: 74
Feroja Khatoon Vs. Brajalal Nath & others, 1989, 18 CLC (HCD)
.... Court, Feni in OC Suit No. 45 of 1974, a suit for specific performance of contract of sale of immovable property, decreeing the suit. 2. The plaintiff brought the suit in respect of 0.24 acres of land out of total 2.66 acres appertaining to several plots mentioned in the schedule to the plaint f...................Petitioner Vs. Brajalal Nath & others..........................Opposite Party. Judgment June 1, 1989. Lawyers Involved: Mihir Kanti Majumder, Advocate, for Shahabuddin Ahmad, Advocate ‑ For the Petitioner. Not represented ‑ the Opposite Party. Civil Revis......e suit stands decreed. Since there is no appearance on the side of the opposite party No. 1, question of awarding costs does not arise. Ed. This Case is also Reported in: 43 DLR (1991) 160. ..Category: Property Law | Date: | Hits: 64
Rana Awan (Mrs.) Vs. Bangladesh, 1990, 19 CLC (HCD)
....Monza Kaoran, JL No. 263 within PS Tejgaon, in the District of Dhaka, and bearing Touzi No. 9859 described in detail in the schedule to the application. 3. It is alleged by the petitioner that the land on which this building stands originally belonged to some persons named Dengu Purification, Dom......o the writ petition within 30 days from date. There will be no order as to costs. Ed. This Case is also Reported in: 43 DLR (1991) 139. ......ed authority on 14.11.83 as contained in Annexure‑H to the writ petition within 30 days from date. There will be no order as to costs. Ed. This Case is also Reported in: 43 DLR (1991) 139. ..Category: Property Law | Date: | Hits: 78
Shah Sekandar Molla Vs. New Sagurnal Tea Co. and Others, 2010, 39 CLC (AD)
....s by a single Court of competent jurisdiction is to avoid conflicting decisions with respect to the same property. Even in the case the suits are different for different properties but arising out of land of same plot, all the suits relating to the suit property, should be tried by one Court. Eviden...... This Case is also Reported in: 31 BLD (AD) (2011) 65, 8 LG (AD) (2011) 103, 16 BLC (2011) 96. ......do not find any merit in the leave petition. In the result, the leave petition is dismissed. Ed. This Case is also Reported in: 31 BLD (AD) (2011) 65, 8 LG (AD) (2011) 103, 16 BLC (2011) 96. ..Category: Civil Law | Date: | Hits: 113
State Vs. Keramat Ali & another, 2010, 39 CLC (AD)
....tory narrated by Kalim Uddin Sarker (P.W.1) on 1st April, 1987 at about 11-00 AM Muslim Uddin, cousin of informant Kalim Uddin Sarker was cutting the ail (demarcating wall) of the eastern side of the land at mouza Pogaldia, Azahar Ali and Keramat Ali, brothers of Azmat Ali, owner of the contiguous l......rt Division is set aside. Ed. This Case is also Reported in: 63 DLR (AD) (2011) 102; 16 MLR (AD) (2011) 268; 8 LG (AD) (2011) 138; 9 ADC (2012) 536.......rder as to cost. The judgment of the High Court Division is set aside. Ed. This Case is also Reported in: 63 DLR (AD) (2011) 102; 16 MLR (AD) (2011) 268; 8 LG (AD) (2011) 138; 9 ADC (2012) 536...Category: Criminal Law | Date: | Hits: 90
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