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Abul Kalam Engineer and another Vs. M Nasiruddin Howlader and others, 2002, 31 CLC (HCD)
....rged. Order of stay is recalled and vacated. Learned Joint District Judge is directed to take steps for disposal of the Suit. Communicate. Ed. This Case is also Reported in: 54 DLR (2002) 515.......o the house and an approval of a plan for construction of a commercial building thereupon. 12. Further plaintiff’s case is when said defendants purchased 23 decimals and got PS Khatian No. 426/1 recorded, accordingly. Thereafter, BS Khatian No. 188 prepared in the names of the defendants appear......ase is also Reported in: 54 DLR (2002) 515.......rged. Order of stay is recalled and vacated. Learned Joint District Judge is directed to take steps for disposal of the Suit. Communicate. Ed. This Case is also Reported in: 54 DLR (2002) 515...Category: Property Law | Date: | Hits: 33
Madinullah Miah Vs. Md. Abdul Mannan & another, 2001, 30 CLC (HCD)
....reby set aside. The Miscellaneous Case No. 4 of 1997 of the Assistant Court, Hatia, Noakhali is dismissed. There will be no order as to cost. Ed. This Case is also Reported in: 54 DLR (2002) 507.......rt from whose decree the appeal is preferred, with directions to readmit the suit under its original number in the register of civil suits and proceed to determine the suit; and the evidence (if any) recorded during the original trial shall, subject to all just exceptions, be evidence during the tri......issed. There will be no order as to cost. Ed. This Case is also Reported in: 54 DLR (2002) 507.......reby set aside. The Miscellaneous Case No. 4 of 1997 of the Assistant Court, Hatia, Noakhali is dismissed. There will be no order as to cost. Ed. This Case is also Reported in: 54 DLR (2002) 507...Category: Property Law | Date: | Hits: 37
Kalu Sheikh alias Sheikh and Kalam Sheikh and others Vs. State, 2002, 31 CLC (HCD)
.... of the charge brought against them and they are hereby discharged from their respective bail bond. Send down the lower court immediately. Ed. This Case is also Reported in: 54 DLR (2002) 502.......ffaloes of Abu Bakkar for damaging her pulse and accused assaulted her son for the same. Her son died sitting on the verandah two days after the occurrence. Thereafter she lodged the ejahar which was recorded according to her statement and she put her LTI. In cross-examination PW 1 stated that her s......re hereby discharged from their respective bail bond. Send down the lower court immediately. Ed. This Case is also Reported in: 54 DLR (2002) 502....... of the charge brought against them and they are hereby discharged from their respective bail bond. Send down the lower court immediately. Ed. This Case is also Reported in: 54 DLR (2002) 502...Category: Criminal Law | Date: | Hits: 30
Aumullaya Chandra Haldar Vs. Md. Mohsin Ali Mandal & others, 2002, 31 CLC (HCD)
...., as such, it should be maintained. In the result the Rule is discharged without any order as to cost. Communicate the order at once. Ed. This Case is also Reported in: 54 DLR (2002) 500. ......d. Due to such knowledge and consent of the co-sharer petitioner the sale deed was executed and registered showing lesser amount of consideration than actually paid. 4. The learned Assistant Judge recorded evidence of 3 witnesses for the petitioner and 6 witnesses of the opposite party No.1 and a......DLR (2002) 500. ......, as such, it should be maintained. In the result the Rule is discharged without any order as to cost. Communicate the order at once. Ed. This Case is also Reported in: 54 DLR (2002) 500. ..Category: Procedural Law | Date: | Hits: 75
MA Kabir Chowdhury and others Vs. M Mahbubur Rahman Miah & others, 2002, 31 CLC (HCD)
....he executing Court is directed to proceed with the proceeding of Other Execution Case No. 3 of 1997 in accordance with law. Communicate. Ed. This Case is also Reported in: 54 DLR (2002) 485. ......1 with a direction for stay of further proceedings of Other Execution Case No. 3 of 1997 till disposal of the application for temporary injunction made in Partition Suit No. 153 of 1999. The order is recorded in above Civil Order No. 5742 of 2001. 7. It is further stated that pursuant to the orde......iah & others……….Opposite Parties Judgment February 19, 2002. Cases Referred To- Abdul Aziz vs. Aboni Mohan, 30 DLR (SC) 21; Abdus Sattar Khodaker vs. Prem Lata. 49 DLR 583; Brink’s Mat Ltd. Vs. Elcombe and others, (1988) 1 WLR 5O; Abdul Aziz vs. Abani Mohan; SP Chengalvara......he executing Court is directed to proceed with the proceeding of Other Execution Case No. 3 of 1997 in accordance with law. Communicate. Ed. This Case is also Reported in: 54 DLR (2002) 485. ..Category: Civil Law | Date: | Hits: 125
Mst. Nurjahan Begum Vs. Administrator of Waqfs and others, 2010, 39 CLC (AD)
....ain to Nurjahan Begum, the predecessor of the petitioner. Therefore we find no substance in this petition which is accordingly dismissed. This Case is also Reported in: 15 MLR (AD) (2010) 518. ......case property belongs to the petitioners and respondent No.31 whose predecessor purchased the same by registered kabala No.1153 dated 31.03.1986 from the heirs of one Meser Mahaler, the original C.S. recorded tenant, but respondent No. 2 claimed the said property to be the property of the waqf Estat......tion which is accordingly dismissed. This Case is also Reported in: 15 MLR (AD) (2010) 518. ......ain to Nurjahan Begum, the predecessor of the petitioner. Therefore we find no substance in this petition which is accordingly dismissed. This Case is also Reported in: 15 MLR (AD) (2010) 518. ..Category: Trust/Waqf Law | Date: | Hits: 183
Government of Bangladesh Vs. Hazrat Baku Shah Hawkers Market Somabaya Samity, 2010, 39 CLC (AD)
....m date". The Attorney General office will communicate the judgment and order of this Court to the Ministry concerned for compliance. Ed. This Case is also Reported in: 15 MLR (AD) (2010) 505.......m date". The Attorney General office will communicate the judgment and order of this Court to the Ministry concerned for compliance. Ed. This Case is also Reported in: 15 MLR (AD) (2010) 505....... concerned for compliance. Ed. This Case is also Reported in: 15 MLR (AD) (2010) 505.......m date". The Attorney General office will communicate the judgment and order of this Court to the Ministry concerned for compliance. Ed. This Case is also Reported in: 15 MLR (AD) (2010) 505...Category: Property Law | Date: | Hits: 28
Mohar Ali Bhuiyan Vs. Michir Ali Bhuiyan and others, 2010, 39 CLC (AD)
....se of misreading or non-consideration of evidence was made out. We find no substance in this petition which is accordingly dismissed. Ed. This Case is also Reported in: 15 MLR (AD) (2010) 500.......as possession. 3. Defendant-petitioner contested the said suit by filing written statement denying the material allegations made in the plaint. The short fact of the defendant's case is that, C.S. recorded tenant of the suit land including other lands was one Nanda Bhuiyan who died leaving 3 sons...... which is accordingly dismissed. Ed. This Case is also Reported in: 15 MLR (AD) (2010) 500.......t of 1st Joint District Judge Narayangonj Title Suit No.70 of 2004 for declaration of Title and recovery of Keash Possession in respect of the suit land, contending, inter alia, that the land of C.S. khatian No. 261 being plot No. 325 measuring .61 acres situated in Godnail mouza under Police Statio..Category: Property Law | Date: | Hits: 20
Nasiruddin Khan Vs. Forhad Hossain Bhuiyan, 2009, 38 CLC (AD)
....the above, we find no substance in the submissions of the learned Counsel for the petitioners. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: VII ADC (2010) 707.......the above, we find no substance in the submissions of the learned Counsel for the petitioners. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: VII ADC (2010) 707.......l for the petitioners. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: VII ADC (2010) 707.......the above, we find no substance in the submissions of the learned Counsel for the petitioners. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: VII ADC (2010) 707...Category: Property Law | Date: | Hits: 42
Altab Ali Vs. Rupjan Bibi and others, 2010, 39 CLC (AD)
.... preparation of paper books is dispensed with as prayed for. The order of stay granted earlier is extended till disposal of the appeal. Ed. This Case is also Reported in: VII ADC (2010) 651.......ased the entire suit C.S. Plot No.95 of an area of 1.32 acres including other lands from Bashiruddin and Syeda Banu by registered kabala dated 3rd Falgoon, 1323 B.S. and the same purchased land was recorded in his name in C.S. khatian No.35 and 36 and while Safar Ali was possessing the said land h......xtended till disposal of the appeal. Ed. This Case is also Reported in: VII ADC (2010) 651.......t No.95 of an area of 1.32 acres including other lands from Bashiruddin and Syeda Banu by registered kabala dated 3rd Falgoon, 1323 B.S. and the same purchased land was recorded in his name in C.S. khatian No.35 and 36 and while Safar Ali was possessing the said land he gifted south eastern 52 dec..Category: Property Law | Date: | Hits: 30
Md. Shahabuddin Vs. Janata Bank, 1988, 17 CLC (HCD)
....o was their appointing authority but by a subordinate authority and such punitive order of dismissal had been passed without any show cause notice. 3. All the first 4 defendants of both the suits (wrongly described as defendant numbers 2-5 in Title Suit No. 188 of 1985) contested the suits by fil......he result, the Rules issued in Civil Revision No. 71 of 1987 and Civil Revision No. 73 of 1987 are discharged without any order as to costs. Ed. This Case is also Reported in: 41 DLR (1989) 94.......e discharged without any order as to costs. Ed. This Case is also Reported in: 41 DLR (1989) 94.......he result, the Rules issued in Civil Revision No. 71 of 1987 and Civil Revision No. 73 of 1987 are discharged without any order as to costs. Ed. This Case is also Reported in: 41 DLR (1989) 94...Category: Employment/Service Law | Date: | Hits: 76
Angur Vs. State, 1988, 17 CLC (HCD)
....ything regarding any incriminating evidence against the appellant under section 342 Cr.P.C. 33. Thus after consideration of the evidence on record we hold that the learned Assistant Sessions Judge wrongly found the appellant guilty of the charge leveled against him after the tender of pardon. Thi...... against three accused persons including the present appellant. 4. Out of the 3 accused persons, appellant Angur Mia village Dighir Par P.S. Bajitpur made a confessional statement which was duly recorded by a Magistrate under section 164 of the Code of Criminal Procedure. 5. As the case is......d to him can be forfeited. He should be set at liberty at once if not wanted in any other case. Ed. This Case is also Reported in: 41 DLR (1989) 66.......e anything for which the pardon already tendered to him can be forfeited. He should be set at liberty at once if not wanted in any other case. Ed. This Case is also Reported in: 41 DLR (1989) 66...Category: Criminal Law | Date: | Hits: 42
Md. Azad Shaikh alias Azad SK Vs. State, 1988, 17 CLC (HCD)
....passed against the appellant is set aside. It is directed that he be set at liberty forthwith if not wanted in connection with any other case. Ed. This Case is also Reported in: 41 DLR (1989) 62....... preferred this appeal. Mr. Mansur Habib, the learned Advocate appearing for the appellant submits that the confessional statement Ext. 5(c) was not voluntary and true inasmuch as the same was recorded without complying with the requirement of section 164(3) of the Code of Criminal Procedure ......s directed that he be set at liberty forthwith if not wanted in connection with any other case. Ed. This Case is also Reported in: 41 DLR (1989) 62.......passed against the appellant is set aside. It is directed that he be set at liberty forthwith if not wanted in connection with any other case. Ed. This Case is also Reported in: 41 DLR (1989) 62...Category: Criminal Law | Date: | Hits: 31
Md. Nurul Islam Vs. Artho Rin Adalat and others, 2010, 39 CLC (AD)
.... that in upholding the order dated 02.07.2009, passed by the Artho Rin Court, the High Court Division, ignored the provisions of Sections 33(1), 33(2), 33(3) and 33(4) of the Artho Rin Adalat Ain and wrongly affirmed the issuance of the certificate under Section 33(5) and disposal of the execution c......he circumstances, we find no substance in the submission of the learned Advocate for the petitioner. As such, the petition is dismissed. Ed. This Case is also Reported in: VII ADC (2010) 642....... As such, the petition is dismissed. Ed. This Case is also Reported in: VII ADC (2010) 642.......he circumstances, we find no substance in the submission of the learned Advocate for the petitioner. As such, the petition is dismissed. Ed. This Case is also Reported in: VII ADC (2010) 642...Category: Civil Law | Date: | Hits: 115
.... preparation of paper books is dispensed with as prayed for.
The order of stay granted earlier is extended till disposal of the appeal.
Ed.
This Case is also Reported in: VII ADC (2010) 631.......ff Nos. 2-14 is illegal and without jurisdiction.
3. The defendant No.1 contested case by filing written statement denying all the material allegations contending, inter-alia, that the trial Court recorded evidence and after hearing both the sides decreed the suit; that thereafter, the defendan......ed till disposal of the appeal.
Ed.
This Case is also Reported in: VII ADC (2010) 631....... preparation of paper books is dispensed with as prayed for.
The order of stay granted earlier is extended till disposal of the appeal.
Ed.
This Case is also Reported in: VII ADC (2010) 631...
Category: Property Law | Date: | Hits: 27
Altaf Hossain and others Vs. State, 2001, 30 CLC (HCD)
..... The accused appellants, who are currently on bail, are discharged from their bail bonds. Send down the lower Courts records immediately. Ed. This Case is also Reported in: 54 DLR (2002) 464.......s were never implicated in any case of theft, extortion or robbery. 23. PW 6 SI Md. Zahidul Islam is the Investigation Officer of the case, who visited the place of occurrence, examined witnesses, recorded their statements under section 161 of the Code of Criminal Procedure and on completion of t...... bail, are discharged from their bail bonds. Send down the lower Courts records immediately. Ed. This Case is also Reported in: 54 DLR (2002) 464........ The accused appellants, who are currently on bail, are discharged from their bail bonds. Send down the lower Courts records immediately. Ed. This Case is also Reported in: 54 DLR (2002) 464...Category: Criminal Law | Date: | Hits: 28
Pubali Bank Ltd. Vs. Md. Mamunur Rahman and Another, 2001, 30 CLC (HCD)
....without any order as to cost. The counter-claim of the defendant No.1 is dismissed as not maintainable. Send down the records forthwith. Ed This Case is also Reported in: 54 DLR (2002) 458.......he respective Artha Rin Court within the District. In that view of the matter this Money Suit No.1 of 1988 stood transferred to the Artha Rin Court on and from 31-7-1990 although the formal order was recorded by Order No. 30 on 11-10-1990 and since 31-7-1990 this suit will be prosecuted in accordanc......ther………. Respondents Judgment December 9, 2001. Case Referred To- Sultana Jute Mills Ltd vs. Agrani Bank 1994 BID (AD) 196=46 DLR (AD) 174. Lawyers Involved: Mohammad Hossain, Advocate—For the Appellant. Habibul Islam Bhuiyan, Senior Advocate with Aminul Islam, Advoc......without any order as to cost. The counter-claim of the defendant No.1 is dismissed as not maintainable. Send down the records forthwith. Ed This Case is also Reported in: 54 DLR (2002) 458...Category: Civil Law | Date: | Hits: 79
....dated 25-10-1999 Annexure A to the Writ Petition is hereby declared to have been made without any lawful authority and is of no legal effect.
Ed.
This Case is also Reported in: 54 DLR (2002) 448.......ct.
2. The case of the petitioners Mrs. Doris Begum is that the land comprising an area of acres appertaining of CS plot Nos. 203 and 204 SA plot Nos. 53, 558, 557 and RS plot Nos. 1810, 1811 were recorded in the name of Dilu Bepary and thereafter, the heirs of Dilu Bepary made partition of the l......reby declared to have been made without any lawful authority and is of no legal effect.
Ed.
This Case is also Reported in: 54 DLR (2002) 448.......dated 25-10-1999 Annexure A to the Writ Petition is hereby declared to have been made without any lawful authority and is of no legal effect.
Ed.
This Case is also Reported in: 54 DLR (2002) 448...
Category: Property Law | Date: | Hits: 22
Moniruzzaman (Md.) Vs. ANM Didar-e-Alam and others, 2002, 31 CLC (HCD)
.... time of issuance of the Rule staying further proceeding of the case is recalled. Send down a copy of the order to the court below immediately. Ed This Case is also Reported in: 54 DLR (2002)445.......e trial even before pronouncement of the judgment and since a prima facie criminal offence is disclosed in the present case we are not inclined to quash the proceeding at this stage. 13. It may be recorded that whatever observations we have made, have been made for the disposal of the Rule only, ......proceeding of the case is recalled. Send down a copy of the order to the court below immediately. Ed This Case is also Reported in: 54 DLR (2002)445....... time of issuance of the Rule staying further proceeding of the case is recalled. Send down a copy of the order to the court below immediately. Ed This Case is also Reported in: 54 DLR (2002)445...Category: Criminal Law | Date: | Hits: 29
Shishir Kanti Pal and others Vs. Nur Muhammad and others, 2001, 30 CLC (HCD)
.... impugned Judgment and decree calling for interference by the Court. In the result, this Rule is discharged without any order as to costs. Ed. This Case is also Reported in: 54 DLR (2002) 440.......4. The opposite party No. 5 the Government of Bangladesh as defendant No. 1 contested the suit by filing a written statement stating, inter alia, that the ‘A’ scheduled properties belonged to the recorded Hindu owners and the same according to the provisions of East Bengal Act XXIV of 1965 becam......mad and others…………Opposite Parties Judgment July 10, 2001. Cases Referred To- Sahera Khatun and another vs. Anwara Khatun and ors 1 BCR 126 = 33 DLR 442; Hasmat Ali vs. Mofizuddin Majhi and others 37 DLR 231; Nurunnesa and ors vs. Babar Ali Bepari 33 DLR (AD) 124. Lawyers I......reof. 6. In the written statement filed by defendant No. 5 (petitioner No. 6 in this Rule) it was contended that his father Chandra Kumar Pal had ownership and possession in 11.77 acres of land of khatian Nos. 30 and 32 of the ‘A’ scheduled properties to the plaint who died leaving behind him..Category: Property Law | Date: | Hits: 23
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