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Mantu Faraji alias Jamal Faraji and others Vs. Mahiuddin Khan, 1996, 25 CLC (HCD)
....tural land is governed by section 96 of the Act irrespective of the location of the land. 5. Mr. Hasan Foiz Siddiqui, the learned Advocate appearing for the pre-emptor opposite party, on the other hand, submits that it is now well settled that a homestead land situated in the rural area is govern...... land and, as such, an application under section 96 of the State Acquisition and Tenancy Act (hereinafter referred to as the Act) is misconceived and not maintainable in law but both the Courts below overlooking this legal aspect of the case allowed the case illegally and the same has caused an erro...... is a raiyati land within a village and so section 96 of the Act is attracted. In the result, the Rule is discharged without cost. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 147. ..Category: Property Law | Date: | Hits: 70
NFM Universeum Estate Ltd. Vs. ANM Obaidul Islam and others, 2004, 33 CLC (HCD)
....m Estate Ltd. .....................Appellant Vs. ANM Obaidul Islam and others......... Respondents Judgment April 20, 2004. Result: The appeal is dismissed. Lawyers Involved: Khandker Mahbubuddin Ahmed with SM Monir, Advocates ‑ For the Appellant. Hasan Foez Siddique wit......35 of 1997, which decreed the suit. 2. One ANM Obaidul Islam, predecessor-in-interest of respondent Nos. 1 to 8 as plaintiff instituted title Suit No. 120 of 1992 for declaration of title and recovery of possession of the suit land measuring about 51 decimals, which was fully described in the s......rocedure for using said deed in the suit knowing it to be forged and fraudulent for criminal prosecution. Send down the records at once. Ed. This Case is also Reported in: 56 DLR (2004) 563. ..Category: Property Law | Date: | Hits: 85
M. M. Rafiqul Hyder Vs. The State, 1988, 17 CLC (HCD)
.... that those gold were recovered from the possession of the appellant and he brought the gold out of an Almirah. This witness also attested the seizure list. He further deposed that he was shown the hand bag from which the gold bars were recovered. This is the examination-in-chief of P.W.5. During ...... Hossain, Deputy Collector of Customs about his suspicion. The said Deputy Collector directed that the bag in question should be searched in his room. During the search 31 pieces of gold bars were recovered from the false pocket of the said bag. Each gold bar weighed 10 tolas. Other small items were......cuments, articles of daily use, clothes etc. belonging to the accused appellant may be returned to him after proper identification. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 274. ..Category: Criminal Law | Date: | Hits: 87
Md. Osman Vs. Fatema Khatoon & others, 1989, 18 CLC (HCD)
....ies as undelivered. In the instant case there is nothing on the record to show that the defendants remitted the arrears rent within the time prescribed in section 18(5) of the Ordinance. On the other hand, as earlier indicated the rents for the months of March, 1971 to June, 1971 was deposited on 17......section 2 of the President's Order No.12 of 1972 and section 4 of the Order has no role to play in this case. In this respect the decision reported in 8 DLR 272 may profitably be referred to. Moreover, the intention of the law makers to promulgate the Order was to enable persons to institute any......l is allowed with costs and the judgment and decree of the lower appellate Court is set aside and those of the Trial Court is upheld. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 270...Category: Property Law | Date: | Hits: 66
Rahima Khatun Vs. Md. Nurul Hoque & others, 1996, 25 CLC (HCD)
....in law. In support of his contention he relies on the decision reported in AIR 1923 (All) 30. 7. Mr. M Enayetur Rahman, the learned Advocate appearing for the opposite party Nos. 1-9, on the other hand, submits that their father figured as defendant No.18 in the partition suit and he along with o......ed him from pursuing” and their Lordships further observed that the decision reported in (1899) 21 All 274 is no more good law in view of the provisions of section 146 which was clearly enacted to cover a case like this. 10. Mr. Miah relied on this case and distinguished the present case on the......the result, the Rule is discharged without any order as to costs. The order of stay earlier granted by this Court is hereby vacated. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 140...Category: Procedural Law | Date: | Hits: 67
Abdul Hakim (Md.) Vs. Government of the People’s Republic of Bangladesh & others, 1997, 26 CLC (HCD)
....o give them employment. 5. The stand taken by the learned Deputy Attorney-General is not tenable in view of the fact that this is a mere statements made in the affidavit-in-opposition. But, on the hand, their names for employment in the services of the Republic have been registered by the Establi......ision (Special Original Jurisdiction) Present: Md. Mozammel Hoque J Md. Hasan Ameen J Abdul Hakim (Md.)…………………Petitioner Vs. Secretary, Ministry of Establishment, Government of the People’s Republic of Bangladesh & others……………….Respondents Jud......nt be also sent to the Principal Secretary to the Prime Minister in her office at Tejgaon, Dhaka for information and necessary action. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 137. ..Category: Administrative Law | Date: | Hits: 183
....audulent and have been registered through impersonation.
Plaintiff examined himself and 3 others including the deed writer and a contiguous land owner of the suit land. The defendant, on the other hand, examined only 1 witness who was the VP Tahshilder.
5. Plaintiff’s witnesses have stated i...... of the Pulin Bihari Paul, the vendor of the plaintiff. And after the said purchase plaintiff’s name was duly mutated in the record of right and since then he had been regularly paying rent to the Government. The plaintiff thereafter came to know that the defendant No.1, the Assistant Custodian of...... The judgment and the decree passed by the trial Court are upheld.
There shall be no order as to costs.
Let the LCR be sent down.
Ed.
This Case is also Reported in: 50 DLR (HCD) (1998) 134...
Category: Property Law | Date: | Hits: 56
Nirman International Ltd. Vs. Islam Steel Mills Ltd. and others, 1997, 26 CLC (HCD)
.... from respondents 6-10 assigned to various banks for collection in consideration of their granting overdraft and credit facilities is not liable to be attached. 6. Mr. Rafique-ul Huq, on the other hand, argued that the materials on record are sufficient for making the order under appeal in the ba......hem the respondent 1 agreed to accept Taka 4,31,46,544.61 and waived the claim for interest. But as the appellants did not pay the said money within the time fixed the respondent 1 was entitled to recover the outstanding balance with interest the business loss. The respondent on 14-8-95 demanded pay...... learned brother has already discussed and observed very clearly the legal aspect on this point in view of case laws cited before us. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 125. ..Category: Procedural Law | Date: | Hits: 118
Nurul Islam and others Vs. Khatibuddin Ahmed and others, 2004, 33 CLC (HCD)
....eported in 49 DLR 364 and Fulbaria Adarsha Market Dokandar Malik Samity Vs. Fulbaria Adarsha Market Khatigrastha Dokandar Kalyan Samabaya Samity and others, reported in 53 DLR 220. 9. On the other hand, Mr. TH Khan, the learned Advocate appearing for the opposite parties, submitted in support of ......e ad-hoc Committee adopted at the request and demand of the members of the Bar Association in a properly called and attended General Meeting of the general members of the Bar held on 14‑9‑03 with over 2/3rd majority and there was no illegality in holding the meeting or lack of quorum of the meet......accordance with law on the evidence adduced by the parties, if any. Send down the copy of this judgment and order to Courts below at once. Ed. This Case is also Reported in: 56 DLR (2004) 545...Category: Civil Law | Date: | Hits: 74
AKM Shahidul Hoque Vs. Deputy Commissioner and others, 2003, 32 CLC (HCD)
.... others, AIR 1935 Calcutta 347; Ram Pertab and others Vs. G Marshall, ILR 26 Calcutta 702; Bazlur Rahman Vs. Bangladesh, 1990 BLD (AD) 66; West Bengal Vs. BK Mondal & Sons, AIR 1962 SC 779; Mulamchand Vs. State of Madhya Pradesh, AIR 1968 SC 1218; Pannalal Vs. Deputy Commissioner, Bhandara, (197...... of the earnest money. On 24‑10‑90 defendant No, 16 Executive Engineer took final measurement of the work and on 21‑11‑90 a payment certificate was issued. On 22‑5‑91 the plaintiff handed over the newly constructed Hospital along with other fittings and features. On 27‑8‑91 the plain......l get a decree for 2,43,505 + 3,66,225.81 = Taka 6,09,730.81 with interest at the rate of 10% from the date of the decree till realisation. Ed. This Case is also Reported in: 56 DLR (2004) 538. ..Category: Civil Law | Date: | Hits: 99
....f Vs. Govt. of East Pakistan, 22 DLR (1970) 193; Hosne Ara Begum and others Vs. Montaj Ali and others, 55 DLR (AD) 20; Additional Deputy Commissioner, Revenue and Asstt. Custodian Vested Property, Chandpur Vs. Tafurnessa, wife of Ali Ahmed Mia and others, 41 DLR (AD) 124; Akitullah and others Vs. ......ord be sent down at once.
Ed.
This Case is also Reported in: 16 MLR (HCD) (2011) 49.......er of stay granted earlier by this Court stands vacated. Let a copy of the judgment along with lower Courts record be sent down at once.
Ed.
This Case is also Reported in: 16 MLR (HCD) (2011) 49...
Category: Property Law | Date: | Hits: 64
Md. Mosharaf Hossain Sukani Vs. State and another, 2009, 38 CLC (HCD)
....……………Opposite parties Judgment June 3, 2009. Result: The Rule is discharged and Order of stay stands vacated. Cases Referred to- State of Madhya Pradesh Vs. Dr. Krishna Chandra Saksena, 1997 (1) Crimes 5 (SC); Sukumaran Nair Vs. State of Kerala, 1961 Ker LT 110; State o......investigation of the case by RAB and the learned Court vide order dated 06.10.2005 allowed the said application and withdrew the investigation from CID and directed the Rapid Action Battalion to take over the investigation of the case. 8. The accused petitioner preferred a Criminal Revisional app......d for. Hence the Rule fails. In the result, the Rule is discharged. Order of stay stands vacated. Send down the LCR at once. Ed. This Case is also Reported in: 16 MLR (HCD) (2011) 35. ..Category: Criminal Law | Date: | Hits: 76
....995 SC 410; State of Uttar Pradesh, AIR 1977 SC 1680 and Shah Jawaharlal Vs. Shah Chhagan Lal and others, AIR 1959 Rajasthan 197.
15. Mr. Abdul Wadud Bhuiyan, learned senior Advocate, on the other hand, submitted that as none of the issues raised in the present suit was ever adjudicated and final......uee Property and others, 17 DLR (SC) 126; Abdul Gafur Vs. Chief Settlement Commissioner and another, [1985] XVIII SCMR 464; Chairman, BTMC Vs. Nasir Ahmed, 7 BLC (AD) 144; Konda Lakshmana Bapuji Vs. Government of AP, (2002) 3 SCC 238; Kewal Singh Vs. Lajwanti, (1980) 1 SCC 290; Sibtain Fazil Vs. Sta......ted the account Taka 40,77,980 in excess.
4. Further case of the plaintiff is that the ship was though beached at the 'Bhatiari' yard at Chittagong of the plaintiffs but was in overall control and management of the bank. The bank used to supply the scraps on the basis of issue of delivery order (..
Category: Civil Law | Date: | Hits: 92
Debesh Chandra Bhattacharya and others Vs. Government of Bangladesh and others, 2004, 33 CLC (HCD)
....o costs. Ed. This Case is also Reported in: 56 DLR (2004) 525. ......4) 525. ......h the observation that this judgment will have no bearing on the fate of the Partition Suit/Appeal . There will be no order as to costs. Ed. This Case is also Reported in: 56 DLR (2004) 525. ..Category: Property Law | Date: | Hits: 67
Abdul Gafur alias Kana Mia and others Vs. Md Nurul Islam, 2004, 33 CLC (HCD)
....Dr Golam Nabi and another reported in 3 BLT 1. 5. Mr. JK Pal, the learned advocate appearing with the learned advocate Mr. Surojit Bhattacharjee on behalf of the opposite party No. I oil the other hand, submits that prohibition of section 195(1)(c) of the Code of Criminal Procedure would not oper......copy of a forged document is not by itself a forged document. It is only taking a copy of a false document. Use of a photocopy of the forged document could not amount to use of a forged document. Moreover, the action brought by the opposite party against the petitioners for forgery is an action inde......ed Magistrate would be at liberty to consider the bail of the accused-petitioner. Communicate this order to the Court concerned at once. Ed. This Case is also Reported in: 56 DLR (2004) 519. ..Category: Criminal Law | Date: | Hits: 94
IFIC Bank Ltd. and others Vs. Beximco Holdings Ltd. and others, 2004, 33 CLC (HCD)
.... Joint District Judge committed serious error of law in granting temporary injunction until disposal of such suit. 12. Mr. Ahsanul Karim, learned Advocate on behalf of the plaintiffs, on the other hand, submitted that as the plaintiffs were mere guarantors and under the Bank Company Act a bank wa...... the principal amount. 8. By impugned order, learned Joint District Judge held that he was satisfied that the plaintiff made out a good prima facie case for trial and the defendants failed to controvert by any papers in showing that the plaintiffs did not pay more than 300 percent of the principa......ion for temporary injunction is also dismissed. Connected Civil Rule No. 654 (FM) of 2004 is accordingly disposed of. Communicate at once. Ed. This Case is also Reported in: 57 DLR (2005) 154...Category: Civil Law | Date: | Hits: 71
Abdur Rashid Chowdhury Vs. CA Hamid and Co. Ltd. and others, 2005, 34 CLC (HCD)
....old Mines, Ex parte Smith (1888) Vol. XXXIX, Ch 546; In re Sly Spink & Co, (1911) 2 Ch. 430. 14. Mr. Shamim Khaled Ahmed learned Advocate on behalf of said respondent Nos.4 to 7, on the other hand, submitted that when the petitioner failed to attend three consecutive meetings of the board, r......as law. 7. Respondent No.3 to 7 however, opposed the application by filing an affidavit-in-opposition. 8. In the affidavit, it is stated that the company was brought into existence after taking over the business and assets of the partnership firm, C A Hamid and Company. Respondent No.3 and the......ter. 38. I must also note that respondent No.3, no doubt, acted most if legally in removing the petitioner from the board behind his back in order to establish his own family in the control of the management of the company. Such acts of respondent No.3 are neither sanctioned by the articles of as..Category: Company Law | Date: | Hits: 232
Safiqur Rahman (Md.) and others Vs. Ambia Khatoon and others, 2004, 33 CLC (HCD)
.... Mr. Hossain, the Miscellaneous case filed under Order IX, rule 9 was therefore not maintainable. 10. Mrs. Joya Bhattacharjee, the learned Advocate appearing for the opposite parties, on the other hand, submits that there was alternate remedies available for restoration of a suit or proceeding un...... Case No.5 of 1998 as passed at the time of the issuance of the Rule for a period of 3(three) months and subsequently extended is vacated. Ed. This Case is also Reported in: 57 DLR (2005) 143. ...... Case No.5 of 1998 as passed at the time of the issuance of the Rule for a period of 3(three) months and subsequently extended is vacated. Ed. This Case is also Reported in: 57 DLR (2005) 143. ..Category: Property Law | Date: | Hits: 52
SMA Matin Sarker Vs. Bangladesh Jute Mills Association and another, 2004, 33 CLC (HCD)
....me of the decisions actually are against him. 27. However, there is a decision within the Indian Jurisdiction, which supports the view canvassed by Mr. Nabi but unfortunately, he could not lay his hands on that decision. It is the case of Capt. BS Demogray Vs. VIF Airways Ltd., reported in 1998 C......spondent Association. He waited for a great deal of time and when no response was received by the petitioner nor was there any payment from the respondent No.1 Association, but only verbal assurances over telephone, the petitioner was constrained to issue reminder for expediting payment of dues. H......judgment be sent to the Secretary, Ministry of Law, for his perusal and necessary action and the Secretary, Law Reforms Commission, Dhaka. Ed. This Case is also Reported in: 57 DLR (2005) 128. ..Category: Employment/Service Law | Date: | Hits: 144
....itled for rendering their present service as the Chief Election Commissioner and Election Commissioners, as the case may be.
Arguments on behalf of the respondent Nos. 1 and 2:
11. On the other hand, Mr. Fida M Kamal, the learned Additional Attorney-General, submits, firstly, that the petition......ducted from his monthly salary and if the pensioner wished to receive his monthly salary without deduction of gross pension, he must return the amount of gratuity of Taka 12 lac he received from the government. It was further mentioned in the said letter that the same stipulation would be applicable......already been deducted earlier, on account of pension.
In the result, this Rule Nisi is made absolute but without any order as to costs.
Ed.
This Case is also Reported in: 57 DLR (2005) 113.
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Category: Employment/Service Law | Date: | Hits: 99
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