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Dr. Mohiuddin Farooque and another Vs. Bangladesh, 1997, 26 CLC (HCD)
....ental to the life, liberty, body, reputation or property of any person shall be taken except in accordance with law.” Article 32 runs as follows: “32. No person shall be deprived of life or personal liberty save in accordance with law”. 25. Article 40 is as follows: “40. Subject ......ution, called in question the activities and implementation of ‘FAP’-20’, undertaken in the District of Tangail apprehending environmental ill effect of a Flood Control Plan affecting the life, property, livelihood, vocation and environmental security of more than a million of people of the Di..Category: Environmental Law | Date: | Hits: 1051
Habibur Rahman Khan Vs. Nurul Islam Khan, 1997, 26 CLC (HCD)
....ible. The Rule being Civil Rule No. 390 (fm) 96 is accordingly disposed of. Send a copy of the judgement to the Court below at once. Ed This Case is also Reported in: 50 DLR (HCD) (1998) 82. ...... by affidavit or otherwise, that the defendant, with intent to obstruct or delay the execution of any decree that may be passed against him: (a) is about to dispose of the whole or any part of his property, or (b) is about to remove the whole or any part of his property from the local limits o..Category: Civil Law | Date: | Hits: 65
Jahanara Hasan and another Vs. Md. Nazrul Islam & another, 1997, 26 CLC (HCD)
....e plaintiff landlord. The defendant Nos.1 and 2 are members of a joint family running the business jointly in the suit premises. That the plaintiff landlord does not require the suit premises for her personal use and in the circumstances the suit is liable to be dismissed. The Senior Assistant Judge......ned order. In the result, the Rule is discharged. There will be no order as to costs. Send down the lower Court records at once. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 65. ..Category: Property Law | Date: | Hits: 64
Hakim Ullah Vs. Mutaleb and others, 1996, 25 CLC (HCD)
....cord and the appeal be heard on merit in accordance with law as if it were presented within time. There will be no order as to costs. Ed. This case is also Reported in: 49 DLR (HD) (1997) 118.......bdul Hashim on record as the appeal, was filed against, a dead respondent inadvertently by the learned Advocate and there was proper substitution within time and the appeal is against the self‑same property. 15. Mr. Jyotirmoy Narayan Deb, the learned Advocate appearing for the opposite party No..Category: Procedural Law | Date: | Hits: 70
Fatema Khatoon Vs. City Bank Ltd. and others, 1996, 25 CLC (HCD)
....er is set aside. Application dated 1‑11‑94 of the petitioner Fatema Khatun in allowed and she is added as a defendant in the suit. Ed. This case is also Reported in: 49 DLR (HD) (1997) 117. ......espectively owners thereof. 4. Petitioner Fatema Begum wants to be added as a defendant in the suit on the allegation that the defendant No.9 had executed a bainapatra on 22‑6-91 for selling the property described in schedule (Ga) of the plaint at Taka. 7, 50,000.00 and had received in all Taka..Category: Procedural Law | Date: | Hits: 67
M R Sikder Vs. Bangladesh Water Development Board, 1996, 25 CLC (HCD)
....s application. The Rule is accordingly discharged without any order as to costs. The order of stay passed earlier is hereby vacated. Ed. This case is also Reported in: 49 DLR (HD) (1997)113. ......Ahmed argued that this alleged security may at best be a promise but this, cannot be constituted as a security as contemplated under section 33 of the Arbitration Act. Placing order with be surety no property was shown or given so that in case of success of the present petitioner in the suit and in ..Category: Alternative Dispute Resolution | Date: | Hits: 245
Mohsin Hossain (Md.) Vs. Government of the People's Republic of Bangladesh, 1996, 25 CLC (HCD)
.... order as to cost. Impugned notice dated 22-7-95 is declared to have been issued without any lawful authority and of no legal effect. Ed. This Case is also Reported in: 49 DLR (HD) (1997) 112. ......000.00 (Twelve lakh seventy‑five thousand) only as advance from him by executing a bainapatra to sell RAJUK Plot No.11(14) of Road No.23, Block‑3, Banani, Dhaka. But due to dispute about the said property petitioner agreed to refund that said advance amount but ultimately did not do so and thus ..Category: Criminal Law | Date: | Hits: 60
....96 under the heading ‘Khulna District’ Serial No.246, page 9764(32) is passed without lawful authority and is of no legal effect.
Ed.
This case is also Reported in: 49 DLR (HD) (1997) 108.
......in Court today should not be declared to have been made without lawful authority and to be of no legal effect.
2. The facts, as stated in the petitioner, in short, are that the aforementioned case property, was owned and possessed by once Nur Mohammad Sarder as lessee under the Housing and Settle..
Category: Limitation Law | Date: | Hits: 175
Dr. Ahmed Sharif Vs. State and another, 1994, 23 CLC (HCD)
.... Court of Bangladesh to go to Gopalgonj and appear on his behalf on 5-9-93 but before he could reach the Court, a 3rd summon was ordered to be issued directing the accused petitioner to appear either personally or through his lawyer on 5-10-93. This order dated 5‑9‑93 was noted by the lawyer Mr.......a. Communicate this order to the Chief Metropolitan Magistrate, Dhaka and Sadar Magistrate Court, Gopalganj for compliance at once. Ed. This case is also Reported in: 49 DLR (HD) (1997) 100. ..Category: Criminal Law | Date: | Hits: 70
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 ......7, in course of hearing argument of the suit in the trial Court. Plaintiffs claimed title and possession in the said land by successions and transfers asserting that RS Khatian in respect of the suit property was wrong and that they purchased in the benami of another person. 3. Suit was contested..Category: Civil Law | Date: | Hits: 86
Faiz Ahmed Chowdhury Vs. Arif Ahmed, 1994, 23 CLC (HCD)
....order as to costs. The stay granted earlier by this court is hereby vacated. Communicate this order to the court concerned at once. Ed. This case is also Reported in: 49 DLR (HD) (1997) 89.......raja of Tripura who subsequently made a settlement of the same to Nibaran Chandra Ganguli by a registered patta dated 23‑9‑1938 and that Nibaran Chandra Ganguli constructed a building in the suit property after taking settlement from the Maharaja of Tripura. Thereafter, Nibaran Chandra died leav..Category: Property Law | Date: | Hits: 59
Md. Shamsul Alam Vs. Kanak Chandra Shome and another, 1978, 7 CLC (AD)
....nd that was the observation of the High Court as well. No interference is, therefore, called for and the leave petition is dismissed. Ed. This Case is also Reported in: 31 DLR (AD) (1979) 150.......he disputed properties and appoint receiver while drawing up proceedings under section 145 Cr.P.C. if the Magistrate is satisfied that there is likelihood of breach of peace regarding any immovable property. The contention of the learned Counsel is, therefore, accepted in part. But then the fate o..Category: Criminal Law | Date: | Hits: 69
.... one, that can be given is that unless there is strict compliance with the essential provisions of the rule, the detention order cannot be sustained. The essence of principle is to protect a person's personal liberty. It is true that the Courts are prevented from going behind the border of detention......on is without lawful authority and the detenu is being held in unlawful custody. It is directed that the detenu be released forthwith.
Ed.
This Case is also Reported in: 31 DLR (AD) (1979) 145.
..
Category: Criminal Law | Date: | Hits: 103
Sk. Helal Uddin and another Vs. State, 2010, 39 CLC (HCD)
....ective appellants. The office is directed to send down the L.C. Records immediately. Ed. This Case is also Reported in: 16 MLR (HCD) (2011) 286, 16 BLC (HCD) (2011) 444, 8 LG (2011) HCD 342. ......vable and immovable properties. As per the statement, they have acquired (9,07,95,641/56-8,61,716,59) = 46,23,982/56 in addition to their known source of income. 6. Appellant No.1 acquired movable property worth Tk. 12,82,90,084/51 and appellant No.2 acquired property worth Tk.3,39,36,100/- and t..Category: Criminal Law | Date: | Hits: 108
Abdul Jalil Khondaker & others Vs. Mohd. Mokan & others, 1988, 17 CLC (HCD)
....nd to the appellate Court for fresh decision in the light of observation made in the body of the judgment and in accordance with law. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 228. ......is needless to say that one should not drink water from the tank where cattle are bathed. The other aspect is 'reasonableness' the claim of the plaintiffs customary right is with regard to the entire property belonging to the defendants. The defendants have to be restrained from making constructions..Category: Property Law | Date: | Hits: 58
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....... that the defdts. have trespassed into the suit land during the certificate sale proceedings as alleged in the plaint and thereafter they have fabricated some documents in their attempt to grab the property.1. 9. It is admitted that the suit land belonged to Sarada Ranjan De and Kumud Ranjan De..Category: Property Law | Date: | Hits: 66
Sultan Ahmed Vs. Golam Mostafa alias Dulal and others, 1987, 16 CLC (HCD)
....indings on proper appreciation of evidence on record and was rather biased against the complainant petitioner for reasons unknown although there is nothing to show that the learned Magistrate had personal interest in the case, the manner in which he has conducted the proceeding of the case manif....... 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
....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.
......ties belonging to Mr. Wahiduzzaman were also released by the Government. His citizenship was restored and he died in Bangladesh in 1976. The petitioner received delivery of possession of the said property and afterwards leased it out to the Parjaton Corporation vide lease deed dated 9.12.76, Ann..
Category: Property Law | Date: | Hits: 171
AY Masihuzzaman Vs. Shah Alam & others, 1989, 18 CLC (HCD)
...., fabricated allegations and there is no apprehension of breach of peace." 3. The petitioner Mr. A.Y. Masihuzzaman being aggrieved by said statement made by the opposite party No.1 and others, personally against him, intending to harm the petitioner and knowing and having reasons to believe t......d in R.S. Plot No. 341 of CS Khatian No. 315 and RS Khatian No. 322 of Mouza Barabo, Shaymali within Mohammadpur P.S. The petitioner's mother had appointed care taker Abdul Kalam to look after that property. He had been residing therein in, a cottage constructed by the mother of the petitioner. Mr..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.......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...Category: Property Law | Date: | Hits: 49
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