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Md. Shamsul Alam Vs. Kanak Chandra Shome and another, 1978, 7 CLC (AD)
....order passed by the High Court Division. 2. The Sub-Divisional Magistrate, Sadar, Khulna, drew up proceedings under section 145 Cr. P.C. by his order dated 11-7-77 and on the same day attached the disputed properties, namely, two rice mills and appointed the Circle Officer (Rev.) as receiver. O......nd that was the observation of the High Court as well. No interference is, therefore, called for and the leave petition is dismissed. Ed. This Case is also Reported in: 31 DLR (AD) (1979) 150...Category: Criminal Law | Date: | Hits: 69
Humayuun@ Humayun Bepari Vs. The State, 2011, 40 CLC (HCD)
....r more. (2) The convict-appellant is entitled to get the benefit of Sub-Section (1) of Section 35A of the Code of Criminal Procedure. Ed. This Case is also Reported in: 16 MLR (HCD) (2011) 307. ......nt Humayun, in the same house the convict-appellant was under an obligation to explain how his wife had met with her death. In the absence of any explanation coming from his side and when P.W.8 while holding autopsy found mark of injury on the right neck of the deceased, coupled with the conduct of ..Category: Criminal Law | Date: | Hits: 112
.... stay. This is also a good ground for not granting stay of the suit.
For the foregoing reasons this appeal is dismissed with costs.
Ed.
This Case is also Reported in: 31 DLR (AD) (1979) 138.
......
4. Leave was granted to consider whether upon a true construction of the arbitration clause of the termination agreement, the learned Judges were correct in construing the terms of the contract and holding that, the subject matter of the suit and the termination agreement were different and there ..
Category: Alternative Dispute Resolution | Date: | Hits: 161
Abdul Jalil Khondaker & others Vs. Mohd. Mokan & others, 1988, 17 CLC (HCD)
....s north to south and meets Kazir bazar road. River Surma is one hundred cubits off to the south of the cattle market. The defendants had occasionally thrown rubbishes in the southern portion of the disputed tank which has gradually been raised from south to north. In these facts and circumstances ......nd to the appellate Court for fresh decision in the light of observation made in the body of the judgment and in accordance with law. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 228. ..Category: Property Law | Date: | Hits: 58
Tajidullah & others Vs. Sona Miah & others, 1986, 15 CLC (HCD)
....t. No.1 is said to have taken possession of the suit land in 1344 B.S. that means long 17 years back, but he has demolished this story by stating in cross examination that he created his hut on the disputed homestead 8/9 years back, that means in or about the time of the auction sale which tallies......o kabala was executed and registered. The defendant is in possession of the land including the huts. Defendant reconstructed one of the two thatched hut by placing C.I. Sheets and paid rent for the holding up to 1366 B.S. and got rent receipts. He sent the revenue for the period of 1367-1370 B.S..Category: Property Law | Date: | Hits: 66
Sultan Ahmed Vs. Golam Mostafa alias Dulal and others, 1987, 16 CLC (HCD)
..... 2,000/- each to the Magistrate concerned for keeping peace for a period of one year from this date. Send down the records at once. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 219........ 2,000/- each to the Magistrate concerned for keeping peace for a period of one year from this date. Send down the records at once. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 219...Category: Criminal Law | Date: | Hits: 70
Md. Abdu Mia Vs. The Election Commission & others, 1988, 17 CLC (HCD)
....rdingly, the Rule is discharged without, however, any order as to cost. The Slay order passed on 12.7.88 hereby stands vacated. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 215. ......eas the Respondent No.3 secured only 2 votes. Thereafter the Respondent No.3 in collusion with the Presiding Officers of the aforesaid two polling stations managed to have issued Annexure 'C' for holding fresh poll on 10.4.88 of members only at Mohanpur Primary School polling station and both fo..Category: Election Law | Date: | Hits: 161
AKM Ruhul Amin Vs. Al-haj Abdul Latif & others, 1986, 15 CLC (HCD)
....erfere with the impugned order of the learned District Judge. In the result, the rule is discharged without any order as to costs. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 206. ......ribunal found 94 ballots invalid which were earlier counted in favour of the opposite party No.1. So he discarded those votes and declared the petitioner as the Chairman of Osmangonj Union Parishad holding that the petitioner secured 1303 votes as against 1286 votes secured by the opposite party N..Category: Election Law | Date: | Hits: 163
Mostofa Kamal Vs. B. D. Habibullah & others, 1988, 17 CLC (HCD)
....o cost. The impugned order passed by the learned Assistant Judge is set aside and the plaint in Title Suit No. 87 of 1988 is rejected. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 197. ......pugned order accepted the result given by the Presiding Officer of Ward No.1 and directed fresh Poll in the two other Wards. 4. The plaintiff obtained on contest a temporary injunction against holding of the fresh Poll and an appeal by the defendant against the order is pending before the l..Category: Election Law | Date: | Hits: 207
....n of the said house we by our order dated 7.12.88 directed the Ministry of Home Affairs, respondent No.3 to file an affidavit-in-opposition stating their position with regard to the possession of the disputed premises, specially whether there is any police box in the disputed property. The learned A......ed to have been passed without any lawful authority and to be of no legal effect.
2. The petitioner staled that she purchased the land measuring .70 acres with a two-storied residential house at holding No.10/1, Toynbee Circular Road, Dhaka pertaining to C.S. plot No. 33, R.S. plot Nos. 2411, 2..
Category: Property Law | Date: | Hits: 171
AY Masihuzzaman Vs. Shah Alam & others, 1989, 18 CLC (HCD)
....it need be decided at an early date. Send down the records at once to the learned Court of Chief Metropolitan Magistrate, Dhaka. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 180. ...... a case pending in a different Court and on the next day on 3.9.80 the Chief Metropolitan Magistrate heard the lawyer of the complainant but without examining the complainant rejected the complaint holding that there is no allegation that the complainant had been rebuked and on a further finding..Category: Criminal Law | Date: | Hits: 77
Siddiqur Rahman and others Vs. Abdul Jalil Meah and others, 2009, 38 CLC (AD)
....are the paper-books out of Court in accordance with Rules. The parties are directed to maintain status quo till disposal of the appeal. Ed. This Case is also Reported in: VIII ADC (2011) 1002.......ed on behalf of the petitioners require consideration and leave is granted on the following points I. Whether the concurrent finding of facts arrived at by both the Courts below with regard to the holding of the salish on 06.06.1968 and handing over possession of the suit-land in favour of the ..Category: Property Law | Date: | Hits: 49
Mosammat Rahima Khatun and others Vs. Emran Ali and others, 2009, 38 CLC (AD)
....of paper book is dispensed with as prayed for. The order of status quo granted earlier shall continue till disposal of the appeal. Ed. This Case is also Reported in: VIII ADC (2011) 991. ......empted dispossession by the defendants which ought to have been considered by the learned Judge of the High Court Division. 2) Whether the learned Judge of the High Court Division was correct in holding that the cause of action of the suit was not proved. Security of Tk.1000/- is to be depos..Category: Property Law | Date: | Hits: 51
Ministry of Communication and others Vs. Md. Ferozur Rahman & ors, 1991, 20, CLC (HCD)
.... Rule No. 15 (FM) of 1991 is disposed of accordingly. In the facts and circumstances of the case, there will be no order as to costs. Ed. This case is also reported in: 45 DLR (HCD) (1993) 762. ......raining the Railway from terminating the contract, an ad interim injunction was granted which was taken on appeal before the High Court Division, East Punjab. The said was set aside by the High Court holding that the agreement is a mere revocable licence and an ad-interim injunction should not have ..Category: Civil Law | Date: | Hits: 72
Kamaluddin and others Vs. Abdul Aziz (Md.) and others, 2004, 33 CLC (HCD)
....e trial Court. The respondents would be entitled to withdraw the money deposited in Court by the preemptors. Send down the record at once. Ed. This Case is also Reported in: 56 DLR (2004) 485....... after deposit of the considerations along with statutory compensation. Their further case was that they were entitled to pre-emption as cultivators. The transferees were all strangers to the case holding. Opposite party Nos. 1 to 4 jointly opposed the application for preemption by filing a wr..Category: Property Law | Date: | Hits: 71
Uttara Bank Ltd. Vs. Syed Abidur Reza and others, 2004, 33 CLC (HCD)
.... 10. General Manager, Sonali Bank and another Vs. Md Abul Khayer and others, 2 BLC (AD) 88; and 11. Rupali Bank Ltd. Vs. Md. Arab Ali and others, 7 BLC (4D) 1. 17. The facts of the case are not disputed. On 19‑12‑77 the plaintiff joined the Uttara Bank, Sylhet branch as a junior assistant ......ed. Order of stay granted at the time of issue of the Rule on 14‑7‑88 is hereby recalled and vacated. Send down the records at once. Ed. This Case is also Reported in: 56 DLR (2004) 461. ..Category: Employment/Service Law | Date: | Hits: 174
Madina Vegetable and Oil Refinery Industries (Private) Limited Vs. M T Dolores, 1993, 22 CLC (HCD)
....sistance rendered to me by the learned Counsels in deciding the case. In the facts and circumstances of the case I award no costs. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 740. ......6.6.1992 in Civil Petition for Special Leave to Appeal No.145 of 1991 to contend that unless the bill of lading is retired from the Bank the owner of the cargo is not entitled to delivery order as by holding the original bills of lading title to the cargo passes to the holder of the original bills o..Category: Admiralty Law or Maritime Law | Date: | Hits: 383
Abdur Rahman (Md.) & another Vs. Government of Bangladesh and others, 2004, 33 CLC (HCD)
....Reply and the annexures. 6. Upon a consideration and perusal of statements and documents presented before this Court, it is evident to this Court that issues as raised therein pertain primarily to disputed questions of fact as regards survey records and the details therein. This is reflected not ......ed thereon. The order of stay granted at the time of issuance of this Rule is hereby recalled and vacated. There is no order as to costs. Ed. This Case is also Reported in: 57 DLR (2005) 60. ..Category: Property Law | Date: | Hits: 113
Rafia Begum Vs. Afroza Bewa and others, 2004, 33 CLC (HCD)
....o him, the suit has been rightly dismissed due to the failure of the appellant to prove her title in the suit land and there is no reason of interfering with the impugned judgment and decree. 9. Undisputedly, the appellant was the second wife of the deceased original defendant, the owner of the s......and decree appealed from is hereby affirmed. Send down the lower court’s records at once with a copy of this judgment for information. Ed. This Case is also Reported in: 57 DLR (2005) 48. ..Category: Property Law | Date: | Hits: 63
A Halim (Md.) Vs. Mafijul Islam Tarafder alias Kalu and others, 2004, 33 CLC (HCD)
.... the Courts below failed to see that the predecessors of the plaintiff petitioner obtained the land by way of inheritance from their father and that the amicable settlement deed was not challenged or disputed by the defendants and also that the Courts below failed to assess and appreciate the eviden...... Subordinate Judge, 3rd Court, Mymensingh who was pleased to disallow the appeal and affirm the judgment and decree passed by the learned Assistant Judge by his judgment and decree dated 2‑5‑2001 holding that the suit was bad for defect of parties, for non- descriptions of other co-sharer inte..Category: Property Law | Date: | Hits: 80
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