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Sudhansu Kumar Barai and others Vs. Abul Hashem and others, 1990, 19 CLC (HCD)
....tioned that the defendants shall be at liberty to agitate this question when the issues are framed. There shall be no order as to costs. Ed. This Case is also Reported in: 43 DLR (1991) 327. ......res judicata. According to him, opposite party No.1 as plaintiff previously brought a suit being Title Suit No. 196 of 1984 seeking declaration of title and confirmation of possession in the disputed land and the same was dismissed on contest and since the said suit and the previous one are between ..Category: Property Law | Date: | Hits: 80
Abdus Sobhan Vs. Harekrishna Kundu and another, 1988, 17 CLC (HCD)
....,000.00 (Tk. five thousand) only as damages. In the result, the appeal is allowed. Since there is no appearance we do not award any costs. Ed. This Case is also Reported in: 43 DLR (1991) 314.......lass in MA in Economics and was a member of the Civil Service of Pakistan. After independence he was absorbed in the Bangladesh Civil Service and is now undergoing PHD course in the University of Maryland in USA. The second son of the plaintiff namely Azmal Sobhan is an MBBS of the Dhaka University ..Category: Civil Law | Date: | Hits: 89
Government of Bangladesh Vs. Abdul Wahid Sheikh (dead) his heirs & others, 1990, 19 CLC (HCD)
....gment delivered by the learned Subordinate Judge also abates. The appeal is, accordingly, disposed of. There shall be no order as to costs. Ed. This Case is also Reported in: 43 DLR (1991) 308. ......ay Chakrabarty, Subordinate Judge, Second Court, Barisal in Title Suit No. 108 of 1966. 2. Respondent Nos. 1‑14 instituted the suit praying for declaration of their raiyati right to the disputed land measuring 29.82 described in the schedule to the plaint, plaintiffs' case is that plaintiff No...Category: Property Law | Date: | Hits: 77
....48 acres of land of plot No. 148 of Touzi No. 8173 of mouza Salia under Police Station Savar, District Dhaka originally belonged to the Dhaka Nowab Estate out of which 3.79 acres of land was given in settlement by the Manager of the said Estate under his memo. No. 591 DG 15‑8‑51 to one Abdur Ras......ation of title in the suit properties wherein the defendant petitioner was added subsequently. The further case of the petitioner is that the plaintiff instituted the suit alleging that 4.48 acres of land of plot No. 148 of Touzi No. 8173 of mouza Salia under Police Station Savar, District Dhaka ori..
Category: Property Law | Date: | Hits: 146
Birendra Nath Chakraborty Vs. Subal Chandra Biswas and others, 1981, 10 CLC (HCD)
....istrict Judge is directed to dispose of the Misc. Appeal within one month of the arrival of the records after intimation arrival of the same. Ed. This Case is also Reported in: 43 DLR (1991) 276....... present Rule. 3. Only one issue was framed by the learned Munsif, namely, whether the Misc. Case was barred by limitation. The pre‑empted kabala, by which the opposite party No. 4 sold the case land to opposite party Nos. 1‑3, admittedly strangers, is dated 4‑10‑73. Pre‑emptor petition..Category: Property Law | Date: | Hits: 78
Dilip @ Siddiqur Rahman & others Vs. State, 1990, 19 CLC (HCD)
....ants are affirmed. The appellants 3‑9 who are on bail are directed to surrender to their bail bond to serve out their remaining sentence. Ed. This Case is also Reported in: 43 DLR (1991) 269. ...... is as follows: On 20.11.86 the informant along with 6 or 7 others including his brother Abdul Matin, cousin Shahid and sister's husband Shamsuddin went to reap the ripe paddies from his purchased land of plot No. 1050. It was about 7‑00 AM when they had reaped some paddies, the 9 accused perso..Category: Criminal Law | Date: | Hits: 61
Mosharraf Hossain Mia Vs. Mosammat Hasina Begum and others, 1990, 19 CLC (HCD)
....mpugned order of the learned Subordinate Judge is set aside. The learned Subordinate Judge should dispose of the suit as early as possible. Ed. This Case is also Reported in: 43 DLR (1991) 254. ......5.84 are illegal, void and not binding upon the Wakf Estate, etc. The plaintiffs also filed an application for injunction to restrain the defendants from changing the nature and character of the suit land during the pendency of the suit and the learned Subordinate Judge by order dated 9.2.85 ordered..Category: Property Law | Date: | Hits: 85
Idris and others Vs. The State, 1990, 19 CLC (HCD)
....titioner No. 1. The accused petitioners are directed to surrender to their bail bonds and to serve the remaining period of their sentence. Ed. This Case is also Reported in: 43 DLR (1991) 245.......section 379 of the Penal Code and the order of conviction and sentence is liable to be set aside. Mr. Jalil further submits that PW 1, the complainant stated the petitioners were in possession of the land for 1 ½ years and in that view of the evidence the petitioners committed no offence under sect..Category: Criminal Law | Date: | Hits: 66
Marida Begum and others Vs. Moulavi Md. Hasan and others, 1989, 18 CLC (HCD)
..... 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.......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..Category: Civil Law | Date: | Hits: 79
Fahim Al Haque (Minor) and another Vs. Mohammad Abdul Aziz and others, 1990, 19 CLC (HCD)
....ntil it is partitioned. It is their case that by three registered sale deeds they purchased 16 decimals of land in plot No. 811. The total area of the plot is more or less 50 decimals. They also took settlement 9 decimals of laud from the vested and non‑resident property authority. In total they a......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 ..Category: Property Law | Date: | Hits: 59
Dewan Mohammad Safare Ali & others Vs. People's Republic of Bangladesh, 1990, 19 CLC (HCD)
....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.......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..Category: Property Law | Date: | Hits: 60
Nazrul Islam and others Vs. The State, 1991, 20 CLC (HCD)
.... 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. ......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 ..Category: Criminal Law | Date: | Hits: 86
Md. Riaz Uddin Khan and another Vs. Mahmudur Rahman and others, 2010, 39 CLC (AD)
....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. ......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..Category: Criminal Law | Date: | Hits: 124
Provas Chandra Banik Vs. Naresh Chandra Banik and others, 2009, 38 CLC (AD)
.... two in the family namely the other brother Gobinda Chandra Banik and the son of Kailash Chandra Banik (aforesaid Nabaddip Chandra Banik). At this stage, the plaintiff asserts that there was amicable settlement of the entire joint property of the said family in between the Survivor Gobinda Chandra......ly to deprive the plaintiffs of their lawful properties and, as such, the defendant Nos. 1-4 be directed to evict from the suit property. Plaintiff's case is that property measuring 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..Category: Property Law | Date: | Hits: 75
Saifur Rahman Vs. Government of Bangladesh, 1990, 19 CLC (HCD)
....ition arising out of an 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......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..Category: Property Law | Date: | Hits: 63
Habibullah Chowdhury (Md.) Vs. Rajdhani Unnayan Kartipakhho and another, 1990, 19 CLC (HCD)
.... 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.......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..Category: Property Law | Date: | Hits: 77
Idris Mia (Md.) Vs. Promode Ranjan Das & others, 1992, 21 CLC (HCD)
....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.......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..Category: Property Law | Date: | Hits: 72
Ismail Mohammad Vs. Motasim Ali Chowdhury, 1993, 22 CLC (HCD)
....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.......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..Category: Property Law | Date: | Hits: 79
State Vs. Md. Monirul Islam alias Nirab and others, 2011, 40 CLC (AD)
....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. ...... Supreme Court, High Court Division as well as the Appellate Division, is the creation of the Constitution. As such, both the Divisions function according to the Constitution and the laws of the land. 6. The procedures for administering criminal justice are contained in the Code of Criminal ..Category: Criminal Law | Date: | Hits: 89
Budhiswar Biswas Vs. Akbar Ali Sheikh and others, 1990, 19 CLC (HCD)
....of the said amount the defendant would reconvey the suit land. Thus it appears that the plaintiff has based his claim for getting the land reconveyed according to the oral agreement as well as on the settlement arrived at in the salish. Defendant‑petitioner who examined himself as DW 1 deposed tha......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..Category: Property Law | Date: | Hits: 74
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