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....into the merit of the case for ascertaining as to whether the impugned tender notices so far it relates to the Annexures-E, E1 and G to the writ petition were issued without any lawful authority most wrongly discharged the Rule on the ground of infructuous occasioning irreparable loss and injury to ...... above, we find no substance in the submission of the learned Advocate-on-Record for the petitioner.
Accordingly, the petition is dismissed.
This Case is also Reported in: 19 BLT (AD) (2011) 5.
......Accordingly, the petition is dismissed.
This Case is also Reported in: 19 BLT (AD) (2011) 5.
...... above, we find no substance in the submission of the learned Advocate-on-Record for the petitioner.
Accordingly, the petition is dismissed.
This Case is also Reported in: 19 BLT (AD) (2011) 5.
..
Category: Property Law | Date: | Hits: 71
Islami Bank Bangladesh Ltd. Vs. District Anti-Corruption Officer and another, 2001, 30 CLC (HCD)
....s are made without any lawful authority and are of no legal effect. In the result the Rule is made absolute without any order as to costs. Ed. This Case is also Reported in: 55 DLR (2003) 233.......e bank is not party be compellable to produce any banker’s book the contents of which can be proved under this Act, or to appear as a witness to prove the matters, transactions and accounts therein recorded, unless by order of the Court or a Judge made for special cause." 10. This provision of ......egal effect. In the result the Rule is made absolute without any order as to costs. Ed. This Case is also Reported in: 55 DLR (2003) 233.......s are made without any lawful authority and are of no legal effect. In the result the Rule is made absolute without any order as to costs. Ed. This Case is also Reported in: 55 DLR (2003) 233...Category: Anti-Corruption Laws | Date: | Hits: 153
Norendra Chandra Dash and others Vs. Md. Solaiman Chowdhury & others, 1997, 26 CLC (HCD)
.... In the result, the Rule is made absolute. The impugned order dated 2-3-91 is thus set aside. There will be no order as to costs. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 81. ...... In the result, the Rule is made absolute. The impugned order dated 2-3-91 is thus set aside. There will be no order as to costs. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 81. ......yers Involved: Nikhilesh Dutta, Advocate — For the Petitioner. Not Represented— the Respondents. Civil Revision Case No. 896 of 1991. Judgment M A Aziz J. -This Rule was issued calling upon the opposite party Nos.1 to 4 to show cause as to why the order dated 2-3-91 passed by the ......he plaintiffs. 3. In the plaint the plaintiffs stated, inter alia that plaintiff Nos.1 and 2 and defendant No.5 are the owners in possession of the suit land along with other lands appertaining to khatian No.114 of mouza Ullashwar, that plaintiff No.3 has been living on the land with her husband ..Category: Property Law | Date: | Hits: 98
Muhammadullah Vs. Sessions Judge and others, 1998, 27 CLC (HCD)
....nistrator suo motu transferred the case to that Court. The prosecution had no role to play in the matter of transfer of the case. 20. Mr. Khondoker Mahbubuddin Ahmed also submitted that rightly or wrongly the petitioner was convicted by the Special Martial Law Court and he had suffered imprisonme...... the premises we do not find any illegality in the impugned order. Accordingly, the Rule is discharged without any order as to cost. Ed. This Case is also Reported in: 52 DLR (HCD) (2000) 374.......gned order. Accordingly, the Rule is discharged without any order as to cost. Ed. This Case is also Reported in: 52 DLR (HCD) (2000) 374....... the premises we do not find any illegality in the impugned order. Accordingly, the Rule is discharged without any order as to cost. Ed. This Case is also Reported in: 52 DLR (HCD) (2000) 374...Category: Criminal Law | Date: | Hits: 56
Kala Miah Vs. Gopal Chandra Paul and others, 1998, 27 CLC (HCD)
....ul who being owner thereof sold the same to the plaintiff on payment of Taka 2,000.00 by executing a bainapatra on 4-2-1959 in favour of the plaintiff. According to the plaintiff Dag No. 830 has been wrongly endorsed as Dag No. 833 in the bainapatra. The plaintiff has been possessing the suit land s......tion Case No. 15 of 1987 of the Court of the Subordinate Judge, Chandpur stands vacated. Send down the Lower Court records at once. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 77. ......ands vacated. Send down the Lower Court records at once. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 77. ......tion Case No. 15 of 1987 of the Court of the Subordinate Judge, Chandpur stands vacated. Send down the Lower Court records at once. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 77. ..Category: Property Law | Date: | Hits: 51
....devoid of any substance and the same must discharged.
In the result, the Rule is discharged, however, without any order as to cost.
Ed.
This Case is also Reported in: 51 DLR (HCD) (1999) 72.
......der the provisions of sections 94/160 of the Code of Criminal Procedure is ex facie illegal and the Bureau or Anti-Corruption got no lawful authority to summon the petitioners to have their statement recorded.
7. Finally, Mr. Moudud Ahmed contended that the impugned notice is violative of the fun......
In the result, the Rule is discharged, however, without any order as to cost.
Ed.
This Case is also Reported in: 51 DLR (HCD) (1999) 72.
......devoid of any substance and the same must discharged.
In the result, the Rule is discharged, however, without any order as to cost.
Ed.
This Case is also Reported in: 51 DLR (HCD) (1999) 72.
..
Category: Anti-Corruption Laws | Date: | Hits: 191
Abdul Jabber and others Vs. Mohammad Sekander and others, 1998, 27 CLC (HCD)
....of it. The pre-emptor is a co-sharer by inheritance and also by prior purchase, as the pre-emptee is a subsequent purchaser the pre-emption was allowed by the appellate Court. Thus the trial Court wrongly and illegally found that the pr-emptee being a co-sharer, pre-emption can not be allowed. ......stay order if any granted earlier is duly vacated. No order as to costs. Records of the Courts below shall be sent down at once. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 62. ......te — For the Petitioners. Rabishanker Chakraborty, Advocate—For the Opposite Parties. Civil Revision No. 2147 of 1992. Judgment Abu Sayeed Ahammed J.- This Rule has been issued at the instance of the pre-emptee against the judgment and order dated 22-7-92 passed by the Subordinate Ju......forming the subject of a separate tenancy.” In view of the aforesaid definition the land which was originally settled to the predecessors of the pre-emptor, forms a holding although there was no khatian or plot number, therefore, the land transferred under pre-emption can be called and termed a..Category: Property Law | Date: | Hits: 67
Abu Jamal and others Vs. State, 1998, 27 CLC (HCD)
....Jamal and Wahid alias Wahid Miah are concerned and the judgment and order of conviction and sentence against them are hereby affirmed. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 57. ......al cavity. In his opinion, the death was due to above noted injuries which were ante-mortem and homicidal in nature. 17. PW 10 is Md. Lehajuddin who was Upazila Magistrate at the relevant time. He recorded the statement of Md. Dulal under section 164 Cr.P.C. and proved the same as Ext.1. He also ...... and the judgment and order of conviction and sentence against them are hereby affirmed. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 57. ......Jamal and Wahid alias Wahid Miah are concerned and the judgment and order of conviction and sentence against them are hereby affirmed. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 57. ..Category: Criminal Law | Date: | Hits: 55
Habibur Rahman Paikar (Md.) Vs. Gour Gopal Datta and others, 1998, 27 CLC (HCD)
.... within three months from the date of receipt of the order. Communicate this order to the learned Subordinate Judge, Bogra at once. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 54. ......further alleged that the MRR Khatian did not record the name of the vendor of the plaintiff due to sheer mistake and this clouded his title on the suit land as a result of which the suit land was not recorded in the name of the plaintiff and hence the suit for removing the cloud cast over his title.......……………………….Petitioner Vs. Gour Gopal Datta and others………………………Opposite Parties Judgment April 28, 1998. Lawyers Involved: Md. Mozaffar Hossain, Advocate — For the Petitioner. Bivash Chandra Biswas with SS Halder, Advocates — For the ...... within three months from the date of receipt of the order. Communicate this order to the learned Subordinate Judge, Bogra at once. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 54. ..Category: Property Law | Date: | Hits: 88
Basihur Rahman Biswas Vs. Md. Hanif Ali Biswas & others, 1999, 28 CLC (HCD)
.... plaintiff minor Bashibur Rahman Biswas by a registered Kabala dated 11-11-1980, and since purchase the plaintiff is in possessions of the said lands but as the names of the defendant Nos.1 to 3 were wrongly recorded in SA Khatian No.78 although the defendant Nos.1 and 2 never possessed the said lan......es praying for declaration of his title in the suit land contending inter alia, that 0.47 acre of land mentioned in the Schedule 1 to the plaint, originally belonged to one Minhaj Gazi whose name was recorded in CS Khatian No.46 in Plot No.17 as stated in Schedule 1 to the plaint and 0.11 acre out o......uddjn Khan, Advocates—For the Opposite Parties. Civil Revision No. 2527 of 1991. Judgment ABM Khairul Haque J.- This Rule was issued under section 115 of the Code of Civil Procedure at the instance of the plaintiff-petitioner calling upon the defendant opposite party No.1, to show cause a......e places of corrections. Accordingly, the Rule is discharged but without any order as to cost. Send down the records forthwith. Ed. This Case is also Reported in: 52 DLR (HCD) (2000) 346. ..Category: Property Law | Date: | Hits: 72
KM Obaidur Rahman and others Vs. State, through the Deputy Commissioner Dhaka, 1998, 27 CLC (HCD)
....y observations made by us for disposal of this ball matter will have no bearing on the disposal of the case on merit by the trial Court. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 51.......already been concluded with no chance of tampering with evidence. 7. Mr. Md. Faruq, learned Deputy Attorney-General, in opposing the Rules, has referred to the charge-sheet statements of witnesses recorded under section 161 CrPC and the confessional statement of co-accused Taheruddin Thakur to sh...... ball matter will have no bearing on the disposal of the case on merit by the trial Court. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 51.......y observations made by us for disposal of this ball matter will have no bearing on the disposal of the case on merit by the trial Court. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 51...Category: Criminal Law | Date: | Hits: 46
Syed Ahmed Vs. Abdul Khaleque and others, 1998, 27 CLC (HCD)
...., influenced by any observation made by us and he will unhesitatingly reach his own conclusion on the evidences and materials on record. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 43....... 3. The grounds which found favour with the learned Additional Session Judge in passing the judgment of acquittal were,- (i) Abdul Khaleque confessed his guilt and his confessional statement was recorded by a Union Parishad Member, Noor Husssin and the said statement is exculpatory and has got ...... he will unhesitatingly reach his own conclusion on the evidences and materials on record. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 43......., influenced by any observation made by us and he will unhesitatingly reach his own conclusion on the evidences and materials on record. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 43...Category: Criminal Law | Date: | Hits: 42
Harun and others Vs. State, 1998, 27 CLC (HCD)
....direction made above within 15 days from the date of receipt of the copy of the order. Communicate the order to the Court below at once. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 33....... 4. During investigation police arrested Badsha Mia on 7-7-1994. It is the allegation of the accused Badsha Mia that police tortured him and obtained a confessional statement on 11-7-1994 which was recorded by a Magistrate under section 164 of the Code of Criminal Procedure implicating himself in ......ate of receipt of the copy of the order. Communicate the order to the Court below at once. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 33.......direction made above within 15 days from the date of receipt of the copy of the order. Communicate the order to the Court below at once. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 33...Category: Criminal Law | Date: | Hits: 65
State Vs. Babul Miah, 2010, 39 CLC (AD)
....al. The appeal is, therefore, dismissed. The accused respondent is discharged of his bail bond. This Case is also Reported in: 16 MLR (AD) (2011) 35, 7 LG (AD) (2010) 203, VIII ADC (2011) 66.......les from the shop of the informant Nannu Mia (P.W.1) situated at Akhaura Sarak Bazar. The respondent was handed over to police, who later on made a confessional statement on 11th July, 1990 which was recorded by A.K.M. Humayan Kabir (P.W.13), a Magistrate, First Class. In his confessional statement ...... The accused respondent is discharged of his bail bond. This Case is also Reported in: 16 MLR (AD) (2011) 35, 7 LG (AD) (2010) 203, VIII ADC (2011) 66.......al. The appeal is, therefore, dismissed. The accused respondent is discharged of his bail bond. This Case is also Reported in: 16 MLR (AD) (2011) 35, 7 LG (AD) (2010) 203, VIII ADC (2011) 66...Category: Criminal Law | Date: | Hits: 58
Mohamaya Rani Saha and others Vs. Dr. Ashequr Rahman Khan and others, 2008, 37 CLC (AD)
....hare; Ka schedule suit land was recorded in the name of Jibonnessa and others in S.A. Khatian No.1090 but Kha schedule land measuring .26 decimals instead of being recorded in the name of Jogesh, was wrongly recorded in the name of the Government in S.A. Khas Khatian No.1; as per mutual partition be......runnessa owned 04 decimals of viti land in Khatian No. 1593, Shorforaj Uddin Kazi owned 05 decimal land in Khatian No.1594 and in the said C.S. Dag No. 3123, out of 53 decimals land, 27 decimals were recorded in the names of the above persons and the remaining 26 decimals were recorded in the names ......re dismissed. This Case is also Reported in: 16 MLR (AD) (2011) 25. ......1998, purchased the case land from the proforma respondent No.4 and that the respondent No.1, by filing Title Suit No.7 of 1990 also obtained decree therein in her favour in respect of the above khas khatian land; then on 22.1.1998, he on obtaining the certified copy of the said judgment and decree ..Category: Property Law | Date: | Hits: 62
Dijalal Majumder Vs. Munshi Bodiul Alam and others, 2010, 39 CLC (AD)
....n record and in accordance with law. Thus we do not find any merit in the leave petition. Accordingly the leave petition is dismissed. Ed. This Case is also Reported in: 16 MLR (AD) (2011) 12.......it land died leaving her only son, the defendant No. 1, who thereafter was enjoying and possessing the suit land as owner through borgader and that though the name of the defendant No.1 was correctly recorded in the Diyara Survey but in the finally published khatian the name of defendant No.2 was me...... the leave petition is dismissed. Ed. This Case is also Reported in: 16 MLR (AD) (2011) 12....... thereafter was enjoying and possessing the suit land as owner through borgader and that though the name of the defendant No.1 was correctly recorded in the Diyara Survey but in the finally published khatian the name of defendant No.2 was mentioned as illegal possessor and to correct the same, the D..Category: Property Law | Date: | Hits: 71
Md. Anowar Hossain and others Vs. Bangladesh Jute Corporation and others, 2010, 39 CLC (AD)
....ourt Division, quoted hereinabove, we do not find any substance in the leave petition. Accordingly, the leave petition is dismissed. Ed. This Case is also Reported in: 16 MLR (AD) (2010) 6. ......pose of the disposal of the leave petition are that the plaintiffs filed the suit, contending, inter alia, that the 'Ka' schedule land originally belonged to Sree Sree Laksmi Narayan Thakur, the C.S. recorded owner, and the said land was transferred in normal course in favour of M/S. Rally Brothers,......he leave petition is dismissed. Ed. This Case is also Reported in: 16 MLR (AD) (2010) 6. ......ourt Division, quoted hereinabove, we do not find any substance in the leave petition. Accordingly, the leave petition is dismissed. Ed. This Case is also Reported in: 16 MLR (AD) (2010) 6. ..Category: Property Law | Date: | Hits: 58
Abdur Rashid Vs. Afzal Gazi and others, 2010, 39 CLC (AD)
....on was right in setting aside the judgment of the Appellate Court below. We find no substance in this petition which is accordingly dismissed. This Case is also Reported in: 16 MLR (AD) (2010) 4.......on was right in setting aside the judgment of the Appellate Court below. We find no substance in this petition which is accordingly dismissed. This Case is also Reported in: 16 MLR (AD) (2010) 4....... petition which is accordingly dismissed. This Case is also Reported in: 16 MLR (AD) (2010) 4.......he plaintiffs who are owner on the basis of records of right, by way of inheritance and by purchase and by accretions from the river Bishkhali on the western side of their land of the above mentioned khatians, which the predecessors of the plaintiffs have been possessing the said land planting trees..Category: Property Law | Date: | Hits: 57
Abdul Majid Pramanik and others Vs. Md. Sorhab Ali and others, 2010, 39 CLC (AD)
....mission of Mr. A.F.M. Mesbahuddin, learned Senior Counsel, appearing for the petitioners. Accordingly, the leave petition is dismissed. Ed. This Case is also Reported in: 16 MLR (AD) (2010) 1.......mission of Mr. A.F.M. Mesbahuddin, learned Senior Counsel, appearing for the petitioners. Accordingly, the leave petition is dismissed. Ed. This Case is also Reported in: 16 MLR (AD) (2010) 1......., the leave petition is dismissed. Ed. This Case is also Reported in: 16 MLR (AD) (2010) 1.......mission of Mr. A.F.M. Mesbahuddin, learned Senior Counsel, appearing for the petitioners. Accordingly, the leave petition is dismissed. Ed. This Case is also Reported in: 16 MLR (AD) (2010) 1...Category: Property Law | Date: | Hits: 54
Fatema Khatun Vs. Wach Khatun and others, 1998, 27 CLC (HCD)
....rned Subordinate Judge 1st Court, Feni in Miscellaneous Case (Review) No.55 of 1995 is set aside. Send down the LC records at once. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 28. ......rned Subordinate Judge 1st Court, Feni in Miscellaneous Case (Review) No.55 of 1995 is set aside. Send down the LC records at once. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 28. ......ent: Amirul Kabir Chowdhury J Fatema Khatun……….…Appellant Vs. Wach Khatun and others…………….Respondents Judgment March 5, 1998. Case Referred to- Nurul Hossain vs. Government of Bangladesh and others 49 DLR (AD) 108. Lawyers Involved: Mahinudul Islam,......rned Subordinate Judge 1st Court, Feni in Miscellaneous Case (Review) No.55 of 1995 is set aside. Send down the LC records at once. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 28. ..Category: Property Law | Date: | Hits: 59
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