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Shahid Ali (Md.) and others Vs. Reza Mohammad & others, 2003, 32 CLC (HCD)
....y. Communicate the order to the courts below at once. Also send down the lower Court's records with a copy of this judgment expeditiously. Ed. This Case is also Reported in: 57 DLR (2005) 39. ......dated 15‑3‑1976 and in lieu thereof got the land belonging to him (petitioner) in plot No. 792 of Khatian No. 121 of the same mouza. Thus the preemptor-petitioner became a co-sharer in the case holding. Further, he was a contiguous land holder to the case land. On 17‑3‑1976 opposite party ..Category: Property Law | Date: | Hits: 79
....defendants under Order VII, rule 11 of the Code of Civil Procedure is allowed.
The plaint of title Suit No.12 of 2002 is hereby rejected.
Ed.
This Case is also Reported in: 57 DLR (2005) 34.
......y the Board or by any committee created under the Ordinance. The application was resisted by the plaintiff-opposite parties. The learned Assistant Judge by the impugned order rejected the application holding that civil Court has jurisdiction to see as to whether show cause notice was issued in accor..
Category: Procedural Law | Date: | Hits: 72
One Bank Limited and others Vs. Chaya Developer (Pvt.) Limited and others, 2011, 40 CLC (AD)
....er the petitioner is entitled to be added as party in the suit in the category of defendant since it acquired right, title, interest and possession by constructing a multi-storied building on the disputed land by operation of law by way of redemption of equitable mortgage in respect of debt of......hereafter, the respondents are directed to file the concise statement within 1 (one) week to make the appeal ready for expeditious hearing. Ed. This Case is also Reported in: VIII ADC (2011) 963...Category: Civil Law | Date: | Hits: 59
.... and decisions of the High Court Division and in the circumstances this appeal be dismissed on contest without any order as to costs.
Ed.
This Case is also Reported in: VIII ADC (2011) 921.
......e court though upheld the finding and decision of the trial court that the defendant No.1 was not adopted son of Purna Chandra, but it set aside the judgment of the trial court and dismissed the suit holding that the suit was barred by limitation and that the defendant No.1 being the domesticated so..
Category: Property Law | Date: | Hits: 49
Dipak Datta Bhola Vs. State, 2012, 41 CLC (AD)
....and thereafter, the respondent shall file the concise statement to make the appeal ready expeditiously. Let the appeal be fixed for hearing on 17.04.2012. Ed. This Case is also Reported in: ......aroj Guha and Kazal Rakshit under section 120B of the Penal Code for hatching criminal conspiracy of killing the deceased on 27.03.2003 at 8.00 p.m. in the room of accused Elahijan in the building of holding No.44 Hazari Lane. But accused Azimuddin Mahmud, Kamrul Hasan Titu, Jahangir and Dipak Datta..Category: Criminal Law | Date: | Hits: 68
Abu Taher and others Vs. Hasina Begum and another, 1997, 26 CLC (HCD)
....and there is no merit in this application. The Rule, is accordingly discharged. The order of stay passed earlier is hereby vacated. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 19. ...... Sessions Judge, Feni in Criminal Revision No.15 of 19 should not be quashed and set aside. The learned Additional Sessions Judge by the said order allowed the revisional application and directed for holding further inquiry in respect of GR Case No.105 of 1992 of the Court of the Magistrate, 2nd Cla..Category: Criminal Law | Date: | Hits: 83
Mustasim Ali Vs. Abdul Motalib and others, 1993, 22 CLC (HCD)
....and also of Pakistan Supreme Court, namely, PLD 1974 (SC) 139 and PLD 1963 (SC) 704 to which we shall advert at the relevant portion of the Judgment. 13. In the instant case certain points are not disputed, namely, that the respondent No.1 Abdul Motalib and the petitioner Md. Mustakim Ali, all of......would be conveniently within one week after receipt of the order by the Tribunal from this Court. There will be no order as to costs. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 733. ..Category: Election Law | Date: | Hits: 188
Soleman Bibi and another Vs. Administrator, Farajikandi Complex and others, 1992, 21 CLC (HCD)
....ove suit in the Court of the Assistant Judge, Matlob Upazila within the district of Chandpur praying for permanent injunction against the defendant opposite parties so that defendant No.1 through the disputed LA Case No.4/87‑88 cannot acquire plaintiff’s ‘Kha’ schedule land out of ‘Ka’ s......the application for temporary injunction in part. The learned Subordinate Judge has of course not examined that part of the finding of fact of the Assistant Judge, but absolutely on a question of law holding that the application for injunction is barred under section 44 of the Acquisition and Requis..Category: Property Law | Date: | Hits: 47
Sarafat Hossain Vs. Dr. Islamuddin, 1992, 21 CLC (HCD)
....f the joint fund and defendant acquired the suit property in equal share. Taking all these facts into consideration the learned Additional Judge came to the conclusion that both brothers acquired the disputed property i.e. ‘Ka’ schedule properties in equal share and that plaintiff opposite party......Judge, Rangpur and this Appeal No.112 of 1985 was heard by Additional District Judge, Rangpur who on reappraisal of the evidence concurred with the finding of the trial Court and dismissed the appeal holding that the learned Subordinate Judge correctly held that both the defendant and plaintiff oppo..Category: Property Law | Date: | Hits: 74
AW Malik Vs. Commissioner of Taxes, Dhaka (South) Zone, Dhaka, 1992, 21 CLC (HCD)
....we answer the question Nos. 2 and 3 in the affirmative and against the assessee. The parties are directed to bear their own costs. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 697. ......id two have arisen out of the order of the Appellate Tribunal for our decision; “1. Whether on the facts and in the circumstances of the case the Taxes Appellate Tribunal was justified in law in holding, on the basis of applicant's erroneous return for the assessment year 1972‑73 and his cont..Category: Fiscal/Taxation Law | Date: | Hits: 110
Tozammel Hossain Vs. Fatema Khatun and others, 1991, 20 CLC (HCD)
....ransfer of Property Act. In this case although the opposite party No.1 made an application for adding her as plaintiff No.2 in the aforesaid Title Suit No.190 of 1964 on the ground of purchase of the disputed premises but there being no tenancy agreement made between her and the petitioner the suit ......as added party under Order 1 rule 10(2) CPC. In view of the aforesaid discussion, the Rule is made absolute. No order as to costs. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 697. ..Category: Property Law | Date: | Hits: 49
Siraj Mal and others Vs. State, 1992, 21 CLC (HCD)
....vocate for the appellant in support of his contention has relied on a decision in the case of Mumtaz Ahmed Khan Vs. State reported in 19 DLR SC 259. The principle settled in the above decision is not disputed, but the question is how far the above decision is helpful to the appellants in this case. ...... earlier granted by this Court be discharged from his bail bond. Let the LC Records be sent down to the Court below expeditiously. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 688. ..Category: Criminal Law | Date: | Hits: 69
Wadiuzzaman Vs. Chairman, BIWTA and others, 1992, 21 CLC (HCD)
....uthority. In the light of our observation and discussion made above, all three Rules are discharged without any order as to costs. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 679. ......tion and marked as Annexure C. 9. Mr. A. Baset Majumder, the learned Advocate appearing for the petitioner has, inter alia, submitted that although the Writ Petition No.22 of 1985 was discharged upholding the promotion of respondent Nos. 5 to 8 by its office order dated 6.21.85 the petitioner had..Category: Employment/Service Law | Date: | Hits: 116
Mobarak Ali (Md.) alias Mobarak Ali Mondal Vs. Bangladesh, 1997, 26 CLC (HCD)
....of Raisuddin Mondal of Village Bhadaikandi, PS and District Bogra be released at once if not wanted in connection with any other case. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 10. ......ontended that the petitioner had full knowledge about the case and avoided trial through abscondence and hence the Special Tribunal committed no illegality by treating the petitioner as absconder and holding the trial in absentia. 9. Heard Mr. ANM Gaziul Huq, learned Counsel appearing for the pet..Category: Criminal Law | Date: | Hits: 79
Afzal Miah and others Vs. Abdul Halim Gazi and others, 2011, 40 CLC (AD)
....ters and thereafter to hold the election" and in case of such exclusion is made "there will be no barrier to hold election". In coming to such conclusion the High Court Division observes that the disputed area can not be treated as an area of the Pourashava and any rural area "can not be treated......ent No.2 requesting it to correct the voter list. However, the writ respondent Nos.2-5 without excluding the voters of Uttar Kistikathi area declared the election schedule on 2nd December, 2010 for holding election of the Pourashava, and 672 voters have been added, in Ward No.7 of Jhalokathi Poura..Category: Election Law | Date: | Hits: 172
Bangladesh and another Vs. Md. Badiuzzaman and others, 2011, 40 CLC (AD)
....effect to the constitutional mandates for advancement of backward sections of the population and establishment of efficient local government institutions. The writ petition involved political and disputed question of facts and, as such, the same could not be reviewed by the High Court Division a......rney General and Dr. Hossain merit consideration and, therefore, leave is granted in both the leave petitions to consider the following points; I. whether the High Court Division erred in law in holding that the Regional Council Act 'is nothing but a mere colourable piece of legislation' whic..Category: Constitutional Law | Date: | Hits: 219
Mizanur Rahman (Md.) alias Mija alias Mizan Vs. State, 1997, 26 CLC (HCD)
.... not wanted in connection with any other case. Send down the LC records, with a copy of the Judgment at once for doing the needful. Ed. This Case is also Reported in: 49 DLR (HD) (1997) 83. ......ccurrence and the accused appellant appears to have been shown arrested on 1-8-91 who was arrested in connection with a case of Jhalakati District i.e. after 7 months of the occurrence. This delay in holding the test identification parade threw a doubt in the genuineness thereof. Apart from the fact..Category: Criminal Law | Date: | Hits: 80
Amirul Huq Shameem and others Vs. AKM Shamsuddin & others, 1995, 24 CLC (HCD)
....ther submitted that the granting of injunction by the learned District Judge without fresh evidence has caused an error of law occasioning failure of justice. Mr. Khan has further submitted that when disputed question of fact has arisen, no injunction should be granted. Mr. Khan further submitted th......ry of the Mymensingh Dhaka Coach Malik Samity informing them that their committee stands dissolved for the several reasons cited therein and by the same communication appointed ad‑hoc committee for holding elections within 3 months from that date. 5. It has been further contended by the defenda..Category: Civil Law | Date: | Hits: 85
Abdul Khaleque Vs. Abdur Noor and others, 1995, 24 CLC (HCD)
.... agricultural land and section 96 of the Act is only available. In the result, the Rule is discharged without any order as to costs. Ed. This Case is also Reported in: 49 DLR (HD) (1997) 74. ......rt and obtained the present Rule. 3. Mr. MA Matin the learned Advocate appearing for the petitioner submits that the trial court, upon consideration of the materials on record, found that the case holding being homestead is not connected with agriculture and the court of appeal below having not a..Category: Property Law | Date: | Hits: 52
Abdur Rahman and others Vs. Abdus Sattar and others, 1995, 24 CLC (HCD)
....laiming title to property adverse to plaintiff and defendant is necessary party and in the instant case the petitioners claim to be co‑sharers by way of inheritance by purchase and gift etc. In the disputed 4 Khatians of Nalu, father of Kalu and the petitioners cannot but be necessary parties and ......ciding such question no decree can be passed. On perusal of the impugned order it does not reflect as to how the court below considered the alleged claim of the petitioners and misdirected himself in holding that the petitioners have not stated anything about their community of interest in the land ..Category: Property Law | Date: | Hits: 47
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