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Abdus Samad and others Vs. Felu Hossain and others, 2009, 38 CLC (HCD)

....dverse possession is to be ignored. Send down the lower Court records, along with a copy of this Judgment. No order asto costs. Ed. This Case is also Reported in: 15 MLR (HCD) (2010) 89. ......ertain land as licensees. The issue is whether the Courts below committed an error of law occasioning in failure of justice in deciding that the defendants-opposite parties are not licencees and therefore not liable to be ejected. An incidental legal issue in this case is whether a licence is a heri......dverse possession is to be ignored. Send down the lower Court records, along with a copy of this Judgment. No order asto costs. Ed. This Case is also Reported in: 15 MLR (HCD) (2010) 89. ......Alam (Md) and another Vs. Moklesur Rahman Bhuiya, 54 DLR (2002) 523; Chinman and others Vs. Ranji Thammal, AIR 1931, Madras-216; Para Abdullah Bhai and others Vs. Ahmad Din 16 DLR (SC) (1964) 169. Lawyers Involved: Mst. Khaleda Zaman, Advocate - For the petitioners. Md. Faruque Ahmed..

Category: Civil Law | Date: | Hits: 123

Md. Abul Kashem and others Vs. Mst. Robila Khatoon and others, 2010, 39 CLC (HCD)

....he interim order passed at the time of issuance of the Rule is hereby re-called and vacated. Send down the lower Court's records. Ed. This Case is also Reported in: 15 MLR (HCD) (2010) 166. ......r pass such other order or further order or orders as to this Court may seem fit and proper. 2. That the opposite party Nos.1 and 2 as plaintiffs on 16.10.1994 instituted Title Suit No.145 of 1994 for declaration that (a) the registered deed No.3118 dated 2.2.1978 of District Registration Office,......he interim order passed at the time of issuance of the Rule is hereby re-called and vacated. Send down the lower Court's records. Ed. This Case is also Reported in: 15 MLR (HCD) (2010) 166. ...... BSCD 264 Abdul Hamid Molla Vs. Md. Abdul Hye and others, 49 DLR 428; Moinab Bibi and others Vs. Abdur Rashid Mridha and others, 3 BLC 6; Md. Golam Mostafa Vs. Anjut Mollah and others, 10 BLD 252. Lawyers Involved: Ms. Salma Begum, Advocate - For the Petitioners. Md. Hassan Shaheed Qu..

Category: Property Law | Date: | Hits: 52

Bayazid (Md.) Vs. State, 2009, 38 CLC (HCD)

....ired any where to remove the possibility of doubt being arisen in interpreting any provision of the said Penal Statute and the Rules. Ed. This Case is also Reported in: 61 DLR (HCD) (2009) 772. ...... Party No. 2. Criminal Miscellaneous No. 1505 of 2009. Judgment MR. Hasan J. - By this application under section 561A of the Code of Criminal Procedure, one petitioner Mohammad Bayazid prays for quashing the proceedings of Special Case No. 3 of 2009 corresponding to GR Case No. 451 of 2007 ......ired any where to remove the possibility of doubt being arisen in interpreting any provision of the said Penal Statute and the Rules. Ed. This Case is also Reported in: 61 DLR (HCD) (2009) 772. ......li Vs. State, 35 DLR (AD) 324; Md. Akbar Shah Vs. State, PLD 1975 Lahore 1404; State of Bhupal Vs. Shudakar Dube, PLD 1957 Supreme Court (India) 406; Zulfiqur Ali Bhutto Vs. State, PLD 1979 SC 53. Lawyers Involved: Subrata Saha, Advocate — For the Petitioner. AKM Fazlul Huq, Advocate — ..

Category: Anti-Corruption Laws | Date: | Hits: 44

Abul Kalam (Md.) and others Vs. Md. Shamsuddin, 1997, 26 CLC (HCD)

....ities to the contending parties to adduce fresh evidence in support of their respective claims. Send down the case records at once. Ed. This Case is also Reported in:49 DLR (HCD) (1997) 502. ......and order dated 20-4-1981 disallowing pre‑emption under section 96 of the State Acquisition and Tenancy Act. 2. Abdur Rashid Bhuiyan, predecessor-in‑interest of the petitioners, filed a case for pre‑emption under section 96 of the SAT Act, being Miscellaneous Case No.16 of 1979, alleging,......ities to the contending parties to adduce fresh evidence in support of their respective claims. Send down the case records at once. Ed. This Case is also Reported in:49 DLR (HCD) (1997) 502. ......��……………….Opposite Party Judgment June 24, 1997. Result: The Rule is made absolute. Case Referred to- Md. Matiur Rahman Vs. Md. Iman Ali and others, 1981 BLD (AD) 280. Lawyers Involved: AHM Ziauddin, Advocate ‑ For the Petitioners. Santi Ranjan Karmaker, Advoc..

Category: Property Law | Date: | Hits: 54

Abdul Hamid Mollah Vs. Md. Abdul Hye and others, 1997, 26 CLC (HCD)

....ent and decree dated 29‑8‑88 passed by the learned Assistant Judge, Kumarkhali, Kushtia is set aside without any order as to cost. Ed. This case is also Reported in:49 DLR (HCD) (1997) 428. ...... decreeing the suit. 2. The fact involved in this case, in brief, is that the plaintiff‑petitioner filed Title Suit No.84 of 1986 in the Court of the Assistant Judge, Kumarkhali Upazila, Kushtia for a declaration that the defendant Nos.1 and 2 are his Benamders and he has title in the suit land......ent and decree dated 29‑8‑88 passed by the learned Assistant Judge, Kumarkhali, Kushtia is set aside without any order as to cost. Ed. This case is also Reported in:49 DLR (HCD) (1997) 428. ...... Judgment July 1, 1997. Result: The Rule is discharged. Cases Referred to- Hamidullah Talukdar & others Vs. Muslim Khan and others, 8 DLR 606; 13 DLR (SC) 228; 39 DLR (AD) 46. Lawyers Involved: Abdul Hamid, Advocate ‑ For the Petitioner. Md. Abdul Haque, Advocate ‑ ..

Category: Civil Law | Date: | Hits: 59

Abul Kalam and others Vs. Kafiluddin and others, 1996, 25 CLC (HCD)

.... The impugned order dated 5‑10‑1995 so far as it relates to the staying of Execution Case Nos.6 and 7 of 1994 is hereby set aside. Ed. This case is also Reported in:49 DLR (HCD) (1997) 569. ......e further proceeding of Title Execution Case Nos.6 and 7 of 1994 of that Court till disposal of First Miscellaneous Appeal No.244 of 1994 pending in the High Court Division. 2. The facts necessary for the disposal of this Rule are that the opposite party No.1, Kafiluddin Ahmed as plaintiff filed ...... The impugned order dated 5‑10‑1995 so far as it relates to the staying of Execution Case Nos.6 and 7 of 1994 is hereby set aside. Ed. This case is also Reported in:49 DLR (HCD) (1997) 569. ......aful Huq and others Vs. Anwar Ahmed and others, 1981 BCR (HC) 301; Asia Khatun being dead her legal heirs and representatives Bulbul Ahmed and others Vs. Rahatun Nessa and another, 15 BLD (AD) 47. Lawyers Involved: Khan Saifur Rahman with Abul Kalam Azad, Advocates ‑ For the Defendant‑Peti..

Category: Procedural Law | Date: | Hits: 69

Mohammadullah Vs. Abu Taher and others, 2009, 38 CLC (HCD)

....ed. Office is directed to send down the records of the case at once with a copy of judgment for information and necessary action. Ed. This Case is also Reported in: 61 DLR (HCD) (2009) 755. ......r and others…………..Opposite Parties Judgment March 9th, 2009. Result: The Rule is made absolute without any order as to costs. Case Referred to- Hajarilal Mondal Vs. Md. Mozaffor Bepari, 8 BLC (AD) 77. Lawyers Involved: Md. Abdul Awal with Chowdhury Nasima, Advocates �......ed. Office is directed to send down the records of the case at once with a copy of judgment for information and necessary action. Ed. This Case is also Reported in: 61 DLR (HCD) (2009) 755. ......site Parties Judgment March 9th, 2009. Result: The Rule is made absolute without any order as to costs. Case Referred to- Hajarilal Mondal Vs. Md. Mozaffor Bepari, 8 BLC (AD) 77. Lawyers Involved: Md. Abdul Awal with Chowdhury Nasima, Advocates — For the Petitioner. Shih..

Category: Civil Law | Date: | Hits: 48

Dabiruddin Mia and others Vs. Mothaharuddin Miah and others, 2006, 35 CLC (HCD)

....is set aside and the miscellaneous case is dismissed. There is no order as to costs. Send down the lower Court record at once. Ed. This Case is also Reported in: 27 BLD (HCD) (2007) 180. ......l Haq-For the Opposite Party No.1. Md. Mojibur Rahman-For the Opposite Parties. Civil Revision No.1089 of 1996. Judgment Quamrul Islam Siddiqui J.- This rule was issued on an application for revision made by the pre-emptee-petitioner under section 115(1) of the Code of Civil Procedure (......is set aside and the miscellaneous case is dismissed. There is no order as to costs. Send down the lower Court record at once. Ed. This Case is also Reported in: 27 BLD (HCD) (2007) 180. ......Gouch and others…………..Opposite Parties Judgment May 22, 2006. Result: The Rule is made absolute. Case referred to- Rafiqul Islam (Md.) Vs. Mir Abdul Ali, 44 DLR (AD) 176. Lawyers Involved: Khan Saifur Rahman with Swapan Kumar Duta, Advocates-For the Petitioners. AK..

Category: Property Law | Date: | Hits: 38

Alkas Gorami Vs. State, 2006, 35 CLC (HCD)

.... set at liberty forthwith if he is not wanted in connection with any other case. Send down the lower court records expeditiously. Ed. This Case is also Reported in: 27 BLD (HCD) (2007) 46. ...... sentence dated 26.8.2001 passed by the Additional Sessions Judge, Madaripur convicting the accused-appellant under section 302/34 of the Penal Code and sentencing him to suffer rigorous imprisonment for life and to pay a fine of Tk. 10,000/- in default to suffer rigorous imprisonment for 2 months m...... set at liberty forthwith if he is not wanted in connection with any other case. Send down the lower court records expeditiously. Ed. This Case is also Reported in: 27 BLD (HCD) (2007) 46. ...... 32; Abdul Aziz Vs. Sekandar Ali, 50 DLR 111; Siraj Vs. Crown, 9 DLR (FC) 177. State Vs. Khasru @ Syed Mostafa Hossain, 43 DLR (AD) 182;35 DLR 119; 44 DLR 136;Osman Gani Vs. State, 9 BLT (AD) 107. Lawyers Involved: A.K.M. Faiz, Advocate-For the Appellant. Nikhilesh Dutta, Deputy Attor..

Category: Criminal Law | Date: | Hits: 43

Mahmudul Islam Chowdhury Vs. State and another, 2012, 41 CLC (HCD)

....is hereby vacated. Let a copy of the Judgment and Order be sent to the Court below at once for information and necessary action. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 262. ......urt of Senior Special Judge, Chittagong shall not be quashed and/or such other or further Order or Orders passed, as to this Court may seem fit and proper. 2. In short, the case of the prosecution for the purpose of disposal of the Rule is as follows:- One Monjur, the then Inspector of Distric......is hereby vacated. Let a copy of the Judgment and Order be sent to the Court below at once for information and necessary action. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 262. ......s Referred to- Ali Akkas Vs. Enayet Hossain, 17 BLD (AD) 44 = 2 BLC (AD) 16; Habibur Rahman Molla Vs. State, 61 DLR 1; Abdul Kader Chowdhury, 28 DLR (AD) 28; Nazrul Islam Vs. State, 13 MLR 184. Lawyers Involved: Dr. Rafiqur Rahman with AF Hasan Ariff, Advocate - For the Accused-Petitioner.&..

Category: Procedural Law | Date: | Hits: 59

Baby Masum and another Vs. Bangladesh Film Development Corporation and other, 2009, 38 CLC (HCD)

....Magistrate, Dhaka is hereby quashed. Send a copy of this judgment to the learned Chief Metropolitan Magistrate, Dhaka immediately. Ed. This Case is also Reported in: 14 MLR (HCD) (2009) 457. ......posite party No.1 being the Bangladesh Film Development Corporation (FDC) represented by its Law Officer Md. Ruhul Amin. 3. We have heard Mr. Md. Khurshid Alam Khan, the learned Advocate appearing for the accused-petitioners and Mr. Md. Mamunor Rashid, the learned Assistant Attorney General appea......Magistrate, Dhaka is hereby quashed. Send a copy of this judgment to the learned Chief Metropolitan Magistrate, Dhaka immediately. Ed. This Case is also Reported in: 14 MLR (HCD) (2009) 457. ......ht and Sound 47 Bijoy Nagar (2nd Floor) Dhaka 1000……………………….Petitioner Vs. 1. Bangladesh Film Development Corporation, Tejogaon Industrial Area, Dhaka 1208, Represented by its Law Officer Md. Ruhul Amin son of late Mohabbat Ali Patwari………………………..Opposite par..

Category: Criminal Law | Date: | Hits: 66

Md. Kamruzzaman and others Vs. Abdus Sattar and others, 2008, 37 CLC (HCD)

.... the case and conclude the same within 3 months from the date of receipt of this order. Send down the lower Court records at once. Ed. This Case is also Reported in: 14 MLR (HCD) (2009) 260. ......urigram, in other Class Suit No.2 of 1994 decreeing the suit should not be set aside or such other or further order or orders passed as to this Court may seem fit and proper. 2. The facts involved for disposal of the rule are as follows: The plaintiff's case in nutshell was that the suit jote ...... the case and conclude the same within 3 months from the date of receipt of this order. Send down the lower Court records at once. Ed. This Case is also Reported in: 14 MLR (HCD) (2009) 260. ......The rule is discharged. Case Referred to- Daibakilal Vs. Iqbal Ahmed, 17 DLR 119; Hupen Majhi Vs. Abdul Khair, 25 DLR 3; Paul Reinhurt Ltd. Vs. Prime Textiles Spinning Mills Ltd., 22 BLD 41. Lawyers Involved: Abdus Samad with Bazlul Kabir, Advocate - For the Petitioners. Abdul Matin ..

Category: Property Law | Date: | Hits: 48

Md. Nur Hossen Vs. State, 2007, 36 CLC (HCD)

....pellant Nur Hossen shall be set at liberty on his serving the remaining portion of sentence, if any. Send down the L.C.R at once. Ed. This Case is also Reported in: 13 MLR (HCD) (2008) 251. .......S Case No.14 dated 03.01.1999 corresponding to GR Case No.359 (Purbo) of 1999 convicting the appellant Nur Hossen under section 19 A of the Arms Act and sentenced him to suffer rigorous imprisonment for 10 (ten) years. 2. The prosecution case, in short, is that on 03.01.1999 one Sub-Inspector En......pellant Nur Hossen shall be set at liberty on his serving the remaining portion of sentence, if any. Send down the L.C.R at once. Ed. This Case is also Reported in: 13 MLR (HCD) (2008) 251. ......HCD) 508; Mohammad Alam and three others Vs. The state, 19 DLR SC 242; Anat Gopal Sheorey Vs. the State of Bombay; Momen Abdul Karim Haji Tayab Vs. Deputy Custodian General, New Delhi and others. Lawyers Involved: Dewan Abdun Naser, Advocate - For the appellant. Ummea Kulsum Begum, Deputy ..

Category: Criminal Law | Date: | Hits: 77

Enayet Chowdhury and others Vs. State and another, 2006, 35 CLC (HCD)

.... no merit in the Rule. In the result, the Rule is discharged. The order of stay granted earlier by this Court is hereby vacated. Ed. This Case is also Reported in: 13 BLC (HCD) (2008) 50. ...... by the learned Judge of Janonirapatta Bighnakari Aparadh Daman Tribunal No.4, Dhaka. 2. An impugned question of law as to interpretation of section 205 of the Code of Criminal Procedure is posted for decision. 3. The facts of this case are that accused petitioner abet Shimi Banu, an adult dau...... no merit in the Rule. In the result, the Rule is discharged. The order of stay granted earlier by this Court is hereby vacated. Ed. This Case is also Reported in: 13 BLC (HCD) (2008) 50. ......�…………………………Opposite Parties Judgment May 7, 2006. Result: The Rule is discharged. Cases Referred to- AIR 1965 (SC) 1142; AIR 1971 (SC) 1283; 17 DLR (SC) 192. Lawyers Involved: Khondker Mahbub Hossain, Advocate - For the Petitioner. Khan Saifur Ra..

Category: Criminal Law | Date: | Hits: 39

Sufi Samrat Hazrat Mahbub-e-Khuda Vs. RAJUK and others, 2007, 36 CLC (HCD)

....tted complying with the Building Construction Rules, 1996. In the result, the Rule is made absolute without any order as to costs. Ed. This Case is also Reported in: 13 BLC (HCD) (2008) 102. ......the Authorised Officer, RAJUK, Dhaka were initially challenged by the petitioner in this writ petition and Rule was issued on 3-7-2005. Subsequently, on an application filed by the petitioner praying for further Rule, Rule in modified form was issued on 17-7-2005 calling upon the respondents to show......tted complying with the Building Construction Rules, 1996. In the result, the Rule is made absolute without any order as to costs. Ed. This Case is also Reported in: 13 BLC (HCD) (2008) 102. ......��………………Respondents Judgment March 15, 2007. Result: The Rule is made absolute. Case Referred to- Jamuna Builders Ltd. Vs. Rajdhani Unnayan Kartripakha, 57 DLR 762. Lawyers Involved: Abdul Wadud Bhuiyan with Syed Mokaddas Ali and Syed Golam Mostafa, Advocates - ..

Category: Property Law | Date: | Hits: 64

Shafiqul Islam Khan Vs. The Commissioner of Taxes, 2012, 41 CLC (HCD)

....hall be no order as to costs. The connected Rule being No.20 (ref)/2007 is disposed off with the above observation accordingly. FRM Nazmul Ahasan J. - I agree. This Case is also Reported in: ...... Income Tax Reference Application No.72 of 2007 Judgment AFM Abdur Rahman J. -In this I.T. Reference, under Section 160 of the Income Tax Ordinance 1984, the following question of law has been formulated by the Assessee-Applicant, Shafiqul Islam Khan, seeking an opinion from this court; (1......hall be no order as to costs. The connected Rule being No.20 (ref)/2007 is disposed off with the above observation accordingly. FRM Nazmul Ahasan J. - I agree. This Case is also Reported in: ......oner of Taxes, Taxes Zone-3, Chittagong…..Opposite Party Judgment January 10, 2012. Result: The I.T. reference succeeds. The connected Rule being No. 20(ref)/2007 is disposed off. Lawyers Involved A. J. Mohammed Ali, Advocate with Hassan M.S. Azim, Advocate with Kamal Hossain ..

Category: Fiscal/Taxation Law | Date: | Hits: 83

Metro Makers and Developers Limited and others Vs. Bangladesh Environmental Lawyers’ Association Limited (BELA) and others, 2012, 41 CLC (AD)

....red by my brothers, Surendra Kumar Sinha, J. and Syed Mahmud Hossain, J. I agree with the reasoning and findings given by Syed Mahmud Hossain, J. Ed. This Case is also Reported in: ...... Judgment August 7, 2012. Result: Civil Appeal No.256 of 2009 and Civil Appeal Nos.254-255 of 2009 are dismissed. Civil Appeal No.253 of 2009 is allowed. Civil Petition for Leave to Appeal No.1689 of 2006 is accordingly disposed of. Cases Referred to- Duck Vs......red by my brothers, Surendra Kumar Sinha, J. and Syed Mahmud Hossain, J. I agree with the reasoning and findings given by Syed Mahmud Hossain, J. Ed. This Case is also Reported in: ...... Syed Mahmud Hossain J Muhammad Imman Ali J Md. Shamsul Huda J Metro Makers and Developers Limited……Appellant (In Civil Appeal No.256 of 2009) Bangladesh Environmental Lawyers’ Association (BELA)………Appellant (In Civil Appeal No.253 of 2009) Anser Uddin Ah..

Category: Environmental Law | Date: | Hits: 434

Bangladesh Krishi Bank Vs. Government of the People's Republic of Bangladesh and Others, 2007, 36 CLC (HCD)

....is sent back to the Court below for writing out a proper order in accordance with law. Send down the lower Court's record at once. Ed. This Case is also Reported in: 15 MLR (HCD) (2010) 242. ......m fit and proper. 2. Facts giving rise to the Rule are that the petitioner is a Manager of Bangladesh Krishi Bank, Rangamati Branch, Rangamati. The respondent No.6 filed an application to the Bank for sanction of loan for their fishing project of Kaptai Lake and thereupon the Bank sanctioned taka......is sent back to the Court below for writing out a proper order in accordance with law. Send down the lower Court's record at once. Ed. This Case is also Reported in: 15 MLR (HCD) (2010) 242. ......…Petitioner Vs. The Government of the People's Republic of Bangladesh and Others…………………Respondents Judgment September 26, 2007. Result: The rule is made absolute. Lawyers Involved: Kazi Siddiqur Rahman, Advocate - For the petitioner. No one appears - For th..

Category: Civil Law | Date: | Hits: 74

Dr. Jadu Das Gupta alias J.D. Gupta Vs. State, 2009, 38 CLC (HCD)

.... and in the light of our observation made out in the body of the judgment. Send a copy of the judgment to the court below at once. Ed. This Case is also Reported in: 14 MLR (HCD) (2009) 454. ......quashed or any other order passed as this Court may deem fit and proper. 2. By the said Rule issuing order, all further proceedings of the said G.R. Case were also stayed. 3. The facts relevant for the purpose of disposal of the Rule are that one Md. Abdul Karim lodged FIR with Taknaf Police S...... and in the light of our observation made out in the body of the judgment. Send a copy of the judgment to the court below at once. Ed. This Case is also Reported in: 14 MLR (HCD) (2009) 454. ......bail). Vs. The State, represented by the Deputy Commissioner, Cox's Bazar...................Opposite party. Judgment August, 19, 2009. Result: The Rule is made absolute in part. Lawyers Involved: Md. Khurshid Alam Khan, Advocate - For the petitioner. SK. A.K.M. Moniruzza..

Category: Criminal Law | Date: | Hits: 62

Mst. Rahima Khatun and another Vs. Sree Monoranjon Saha and others, 2006, 35 CLC (HCD)

....e impugned judgment dated12.04.1990 (decree signed on 18.04.1990) is hereby affirmed. Send down the lower Court's records at once. Ed. This Case is also Reported in: 13 MLR (HCD) (2008) 334. ...... 2. Facts, in short, are that the Plaintiff-Appellant-Petitioners instituted Title Suit No.400 of 1981 in the Court of learned Munsif, Satkhira impleading the opposite parties as defendants praying for a decree for title and confirmation of possession in the suit land stating, inter alia, that tot......e impugned judgment dated12.04.1990 (decree signed on 18.04.1990) is hereby affirmed. Send down the lower Court's records at once. Ed. This Case is also Reported in: 13 MLR (HCD) (2008) 334. ...... Cases Referred to- Nowsha Miah Vs. Md. Idris Ali,10 DLR 441; Shrashi Bala Sarker and others Vs. Patani Sundari Dassaya and another, 3 MLR (AD) 108; Saraju Bala Vs. Lal Bihari Mitra, 6 DLR 225. Lawyers Involved: A.Y. Ahmed Ali, Advocate-For the petitioners. Md. Serajur Rahman, Advocate-F..

Category: Property Law | Date: | Hits: 57

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