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Titas Gas Vs. Immense Washing Plant and others, 2001, 30 CLC (HCD)

....ses out of 100 cases, the matter goes no further (after grant or refusal of an interlocutory injunction) [The closing chapter by Denning at 259]. I do not think the situation is very different in our land. The principle is also nearly settled long ago that a Court has no jurisdiction to grant an ‘......orted in: 53 DLR (HCD) (2001) 471. ......es of the Ministry of Law, Justice and Parliamentary Affairs, the Ministry of Power and Energy and the Chairman of the Law Commission. Ed. This Case is also Reported in: 53 DLR (HCD) (2001) 471. ..

Category: Civil Law | Date: | Hits: 151

Abdus Sukur (Md.) and others Vs. Bhasani Mandal and another, 2001, 30 CLC (HCD)

....n Title Suit No. 51 of 1997 and also for declaration that those are not operative against and binding upon the plaintiffs. 3. Plaint case, in short, is that after successive transactions, the suit land measuring about 96 decimals of CS and SA Plot No.1244 appertaining to CS Khatian No. 212 and SA...... another………..Opposite Parties. Judgment July 17, 2001. Cases Referred to- Haider Ali Vs. the State, 47 DLR (AD) 47, Moulavi Abdul Mannan Vs. Md. Rafiqul Islam, 46 DLR 493, Jhanda Singh and another Vs. Harman Singh and others, AIR 1926 Lahore 415, Sheikh Karimullah Vs. Gudar Koeri......gment and decree of the Court of appeal below are set aside and those of the trial Court are hereby restored. Send down the records. Ed. This Case is also Reported in: 53 DLR (HCD) (2001) 452...

Category: Property Law | Date: | Hits: 75

Seastar Shipping Lines Ltd. Vs. Bangladesh & others, 2001, 30 CLC (HCD)

....the petitioner. In other words, the learned Advocate contends that the impugned order of detention of the said vessel is manifestly illegal as it could not be justified by reference to any law of the land. 5. Mr. Obaidur Rahman Mostafa, learned Deputy Attorney-General, appearing for respondent No...... sent forthwith to the Prime Minister’s Secretariate and the Ministry of Food. Ed. This Case is also Reported in: 53 DLR (HCD) (2001) 449.......te of receipt of this order. A copy of this order be sent forthwith to the Prime Minister’s Secretariate and the Ministry of Food. Ed. This Case is also Reported in: 53 DLR (HCD) (2001) 449...

Category: Admiralty Law or Maritime Law | Date: | Hits: 212

State Vs. Md. Shamim alias Shamim Sikder and others, 2000, 29 CLC (HCD)

....nce of P.W.3 on this point must be disbelieved. From the evidence of P.W. 3, we also find that at about 8-30 PM on 27-10-93 while he was returning home after closing his shop when he reached near the land where his dwelling hut was situated a boy told him that his son Rajib was assaulted by Shamim a......und not guilty to the charges levelled against them and they are acquitted in this case. Ed. This Case is also Reported in: 53 DLR (HCD) (2001) 439.......der alias Md. Ratan are allowed and they are found not guilty to the charges levelled against them and they are acquitted in this case. Ed. This Case is also Reported in: 53 DLR (HCD) (2001) 439...

Category: Criminal Law | Date: | Hits: 50

Abul Kashen (Md.) Vs. Chairman, RAJUK and others, 2000, 29 CLC (HCD)

...., without lawful authority, arbitrarily and without any legal effect. 2. The petitioner is the owner of Plot No.22/A/1 of the layout plan of Eastern Housing Ltd. comprising more or less 1 katha of land which he purchased on 12-4-89. The petitioner obtained an approved plan in the year 1989 for co...... be disturbed in any way by the respondents. There will be no order as to costs. Ed. This Case is also Reported in: 52 DLR (2000) 488. ......n already made under the order of this Court should not be disturbed in any way by the respondents. There will be no order as to costs. Ed. This Case is also Reported in: 52 DLR (2000) 488. ..

Category: Property Law | Date: | Hits: 114

Abdul Mannan and another Vs. Bangladesh, 1999, 28 CLC (HCD)

.... Petition No.2259 of 1998 are discharged without any order as to costs. The order of stay granted earlier in both Rules are hereby vacated. Ed. This case is also Reported in: 52 DLR (2000) 471. ......der as to costs. The order of stay granted earlier in both Rules are hereby vacated. Ed. This case is also Reported in: 52 DLR (2000) 471. ...... Petition No.2259 of 1998 are discharged without any order as to costs. The order of stay granted earlier in both Rules are hereby vacated. Ed. This case is also Reported in: 52 DLR (2000) 471. ..

Category: Election Law | Date: | Hits: 97

A Rouf Chowdhury and another Vs. Bangladesh and others, 2000, 29 CLC (HCD)

....on Act, 1952, briefly, the Act. 3. On getting the sanction, the petitioners started construction as per sanctioned plan. As the construction involved huge money, the petitioners mortgaged the said land to a bank and took loan. Out of 22 floors, 16 floors with the foundation for the sanctioned 22-......ing the parties to maintain status quo in respect of construction is hereby vacated. Ed. This case is also Reported in: 52 DLR (2000) 461. ......n view of our decision, the order issued earlier directing the parties to maintain status quo in respect of construction is hereby vacated. Ed. This case is also Reported in: 52 DLR (2000) 461. ..

Category: Property Law | Date: | Hits: 125

Akkas Ali Molla and another Vs. State, 2001, 30 CLC (HCD)

....isonment for 3 (three) years and to pay a fine of Taka 1,000 in default to suffer rigorous imprisonment for 3 months more. 3. The prosecution case, in brief, is that Meser Ali gifted 58 decimal of land of Plot Nos. 1283 and 1241 of Khatian No. 1095 of Mouza Khetal to his daughters, namely, Rokeya......of realisation of fine passed on 29‑3‑1989 is hereby vacated. Send down the LCR at once. Ed. This Case is also Reported in: 55 DLR (2003) 296. ...... is felt to be necessary. The order of stay of realisation of fine passed on 29‑3‑1989 is hereby vacated. Send down the LCR at once. Ed. This Case is also Reported in: 55 DLR (2003) 296. ..

Category: Criminal Law | Date: | Hits: 129

Zafela Begum and others Vs. Atikulla and others, 2011, 40 CLC (AD)

....Appeal No. 100 of 1995) Judgment SK Sinha J. - The facts out of which this appeal arose are as under: In a suit for partition the plaintiffs who are the appellants claimed that 'Ka' schedule land measuring 4.0 acres originally belong to Imam Bux in Raiyati right, who died leaving behind a ......6, 31 BLD(AD) (2011) 111, 8 LG (AD) (2011) 133, 16 MLR (AD) (2011) 216, VIII ADC (2011) 907. ......iba deed in failing to notice that Abdul Majid did not say anything regarding this deed in Title Suit No.175 of 1968 (exhibit-2) instituted by him against Wazuddin and others seeking partition of the ejmali property. This suit was dismissed for default on 6th September, 1979 exhibit-2(Ga). Abdul Maj..

Category: Property Law | Date: | Hits: 127

Hossain Khan (Md.) and others Vs. Government of Bangladesh & others, 2001, 30 CLC (HCD)

..... 636 was more suitable for the purpose and agreed to de‑requisition CS Plot No. 692 and requisitioned Plot No. 636 which also belonged to the predecessor of the appellants comprising 0.42 acres of land. 3. Immediately after the requisition of the suit land the predecessor‑in‑interest of th......s. Ed. This Case is also Reported in: 55 DLR (2003) 264. ......Rule No. 250(FM) of 2001 is also made absolute. Having regard to the facts and circumstances of the case we make no order as to costs. Ed. This Case is also Reported in: 55 DLR (2003) 264. ..

Category: Property Law | Date: | Hits: 95

Mazharul Huq Quraishi and others Vs. Hari Chandrs Hrishi and another, 2000, 29 CLC (HCD)

.... took from him (complainant) 3 deeds including deed No.3341 dated 7-8-1976 with the assurance and promise to return the same within 7 days after scrutiny and perusal of the deeds in order to purchase lands of the deeds if the complainant has any subsisting interest therein but subsequently in spite ......ferably within 3 months from the date of receipt of the judgment. Copy be sent down at once. Ed. This Case is also Reported in: 52 DLR (2000) 392. ...... to conclude the trial as early as possible preferably within 3 months from the date of receipt of the judgment. Copy be sent down at once. Ed. This Case is also Reported in: 52 DLR (2000) 392. ..

Category: Criminal Law | Date: | Hits: 42

Mati Lal Karmakar and Another Vs. Kalandar Talukder and another, 1998, 27 CLC (HCD)

.... DLR (2000) 390.......with SS Sarker Advocates—For the Petitioners. AB Roy Chowdhury, Advocate—For Opposite Party No.1. Civil Revision No. 3240 of 1993. Judgment Md. Awlad Ali J. - This Rule is directed against the judgment and decree dated 8-7-93 passed by the District Judge, Chandpur in Title Appeal No.......eason to interfere with the judgments and decree of the Courts below. In the result, the Rule is discharged without any order as to costs. Ed. This Case is also Reported in: 52 DLR (2000) 390...

Category: Property Law | Date: | Hits: 64

Omar Ali Sheikh Vs. Shamsul Alam Mridha and others, 2002, 31 CLC (HCD)

.... 2. Relevant facts, for the disposal of this in short, are that the opposite party Nos. 1 to 3 as plaintiff instituted the aforesaid suit for Specific Performance of Contract alleging that the suit land originally belonged to the defendant petitioner, who decided to sell the said land and the plai......q Siddique, Advocate -For the Petitioner. Muhammad Samsul Hoque, Advocate‑For the Opposite Parties. Civil Revision No. 3089 of 1998. Judgment Hasan Foez Siddique J.- Rule is directed against the judgment and decree dated 16‑6‑1998 passed by the learned Subordinate Judge, First Cour...... the Rule is discharged without any order as to cost. The order of stay granted at the time of the issuance of the Rule is hereby vacated. Ed. This Case is also Reported in: 55 DLR (2003) 257. ..

Category: Property Law | Date: | Hits: 84

Deputy Commissioner and another Vs. Md. Abu Taher and another, 2010, 39 CLC (AD)

....142 of 2001. 2. Respondent No.1 instituted the above writ petition seeking a direction upon the writ respondent No.1 for execution and registration of an exchange deed in respect of 18 decimals of land of S.A. Khatian No.193 of Plot Nos. 5/645, under Mouja Bejpara, Police Station Kotwali, Distric......tayed till disposal of the appeal. Ed. This Case is also Reported in: VIII ADC (2011) 23.......t and order dated 19th April, 2007 passed by the High Court Division in Writ Petition No.6142 of 2001 be stayed till disposal of the appeal. Ed. This Case is also Reported in: VIII ADC (2011) 23...

Category: Property Law | Date: | Hits: 81

Rafiqul Islam Howlader alias Md. Rafiq Howlader Vs. Syed Abdul Hamid and others, 2010, 39 CLC (AD)

....missing the suit. 2. The suit was for declaration of title. The petitioner hereof was a defendant in the title suit. The plaintiff-respondents hereof filed the suit for declaration of title on the land, detailed in the schedule of the plaint, claiming their title and possession, on the basis of r......emises the petition is dismissed. End. This Case is also Reported in: VIII ADC (2011) 19.......l point to interfere with the impugned judgment and order passed by the High Court Division. In the premises the petition is dismissed. End. This Case is also Reported in: VIII ADC (2011) 19...

Category: Property Law | Date: | Hits: 93

Md. Abdul Barik and another Vs. Most. Serajan Nessa and another, 2010, 39 CLC (AD)

....ersing those dated 18.11.2001 passed by the Senior Assistant Judge, Sadar Court, Kushtia in Title Suit No.316 of 1997 dismissing the suit. 2. The facts involved in the case, in short, are that the land measuring 0.12 acre in S.A. Khatian No.370 under mouza No.36 of Rahihnipara, belongs to Abdul J......the petition is dismissed. End. This Case is also Reported in: VIII ADC (2011) 16. ......bove, we find no sub­stance in the submissions of the learned Advocate for the petitioners. Accordingly, the petition is dismissed. End. This Case is also Reported in: VIII ADC (2011) 16. ..

Category: Property Law | Date: | Hits: 84

Ayesha Siddika and others Vs. Sayed Rafiqul Islam Rafiq and others, 2010, 39 CLC (AD)

....dated 19th April, 1979 and further declaration that the decree passed in Other Class Suit No.199 of 1976 is void, illegal, inoperative and not binding upon the plaintiffs. Their case is that the suit land belonged to Bisheshwar Dutta and his three brothers. Respondent Nos. 9-10 Ashok Kumar and Renuk......petition is, therefore, dismissed. Ed. This Case is also Reported in: VIII ADC (2011) 11. ......orrect decision and discharged the rule. We therefore find no reason to interfere with the same. The petition is, therefore, dismissed. Ed. This Case is also Reported in: VIII ADC (2011) 11. ..

Category: Property Law | Date: | Hits: 89

Md. Raisuddin Biswas and others Vs. Md. Mazed Ali, 2009, 38 CLC (AD)

....als, filed the above Title Suit No. 92 of 1995 seek­ing declarations that the Deed of Heba-bil-Ewaz No. 15294 dated 11.10.1986 alleged­ly executed by his father Hedayetullah Biswas gifting the suit land to the defen­dant Beraful Nessa, his second wife and the predecessor of the appellants in both......allowed without any order as to costs. End. This Case is also Reported in: VIII ADC (2011) 1, 16 MLR (AD) (2011) 261. ......f Majed Ali in the suit land can not be a ground for hold­ing that the above Deed No.21065 dated 21.4.75 was valid inasmuch as the parties to the suit, being the heirs of Hedayetullah, possessed, in ejmali, the properties left by Hedayetullah which also included in the suit land and there in noth­..

Category: Property Law | Date: | Hits: 109

State Vs. Saiful Islam and another, 2003, 32 CLC (HCD)

.... prosecution case is that Shefali alias Shafu, aged about 26 years, was the daughter of the informant. Shefali was given in to marriage to accused Saiful Islam about 10/11 years back and as he had no land to live in, he was to live at village Dalulpur in the house of Kamuluddin Howlader, Chairman, T......ce of condemned prisoner Fazilutennessa as stated above. Lower Court record be sent down. Ed. This Case is also Reported in: 56 DLR (2004) 376. ...... maintained with the modification of the sentence of condemned prisoner Fazilutennessa as stated above. Lower Court record be sent down. Ed. This Case is also Reported in: 56 DLR (2004) 376. ..

Category: Criminal Law | Date: | Hits: 84

Atiqur Rahman Mullah Vs. Abul Kalam Azad and others, 2002, 31 CLC (HCD)

....x parte. On 21st day of March, 2002 when the defendant-opposite parties disclosed that they got the judgment in their favour and attempted to forcibly dispossess the plaintiff-applicant from the suit land then he sent the deponent who contacted the learned Advocate Mr. Md. Samsul Hoque on 23-­3‑2...... Md. Abdul Wahhab Miah J Atiqur Rahman Mullah……………………Petitioner Vs. Abul Kalam Azad and others……………..Opposite Parties Judgment December 14, 2002. Lawyers involved: Md. Samsul Hoque, Advocate-For the Petitioner AKM Shahidul Hoq with Tania Siddiqua, ......he cost to the learned Advocate for the petitioner by 15th January, 2003, in default, the application for re­hearing shall stand rejected. Ed. This Case is also Reported in: 56 DLR (2004) 373. ..

Category: Property Law | Date: | Hits: 73