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Elite Lamps Ltd. Vs. Secretary, Ministry of Industries and others, 2007, 36 CLC (HCD)
....Rin Case No. 30 of 1991 expeditiously preferably within 4 (four) months from date. Communicate the Judgment to the Adalat at once. Ed. This Case is also Reported in: 61 DLR (HCD) (2009) 641. ......Rin Case No. 30 of 1991 expeditiously preferably within 4 (four) months from date. Communicate the Judgment to the Adalat at once. Ed. This Case is also Reported in: 61 DLR (HCD) (2009) 641. ......n 4 (four) months from date. Communicate the Judgment to the Adalat at once. Ed. This Case is also Reported in: 61 DLR (HCD) (2009) 641. ......ions but the Artha Rin Suit cannot be withdrawn since the recommendations are not binding upon the Bank. 10. In view of the submissions made by the learned Advocates for the parties the most vital question to be decided in the Rule is, whether the court can direct implementation of the recommenda..Category: Constitutional Law | Date: | Hits: 334
Md. Liton Miah alias Ripon Vs. State, 2006, 35 CLC (HCD)
....ge for recovery of arms when a case has been installed and processed by the Police, they generally become very much interested to earn conviction upon a person under indictment for offence of illegal possession of arms and ammunition. Corroboration from independent source becomes imperative in carry......t liberty at once if not wanted in connection with any other case. 11. Lower Court's Record be sent down as immediate as possible. Ed. This Case is also Reported in: 15 BLT (HCD) (2007) 277. ......with any other case. 11. Lower Court's Record be sent down as immediate as possible. Ed. This Case is also Reported in: 15 BLT (HCD) (2007) 277. ......t liberty at once if not wanted in connection with any other case. 11. Lower Court's Record be sent down as immediate as possible. Ed. This Case is also Reported in: 15 BLT (HCD) (2007) 277. ..Category: Criminal Law | Date: | Hits: 125
Md. Abdul Wahab Sarker and others Vs. Md. Shahid Sarker and others, 2009, 38 CLC (HCD)
....execute the decree passed by Subordinate Judge, 1st Court, Gazipur and hearing about such decree Habibur Rahman raised objection -verbally and on such protest the process server could not deliver the possession and thereafter, said Habibur Rahman on 27.4.2002 got searched the record and came to know......at the time of institution of the suit some of the defendants were dead. The plaintiffs fraudulently shown those summons were served upon the defendants. On 25.4.2002 few people assembled in the suit land and seeing the assembly of people, inquired out of curiosity about their presence who then disc......ords. Send down the lower Courts records immediately. Ed. This Case is also Reported in: 18 BLT (HCD) (2010) 94. ......hat the predecessors of the present petitioners were made parties in the partition suit. The summons were duly served upon the defendants but they did not contest the suit. The judgment and decree in question were passed in accordance with law but the petitioners filed the Miscellaneous case on some..Category: Procedural Law | Date: | Hits: 133
Fakir (Md.) Tariqul Islam Vs. State and others, 1996, 25 CLC (HCD)
....sment and interference in the running of his fish gher by the said accused opposite parties filed Title Suit No.96 of 1992 with a prayer for injunction so that he may not be disturbed in the peaceful possession and running of the fish gher by the accused‑opposite parties. At this the accused oppos......r of application in the present case. In that view of the matter, we confirm and uphold the impugned orders and discharge the Rule. Ed. This case is also Reported in:49 DLR (HCD) (1997) 419. ......at view of the matter, we confirm and uphold the impugned orders and discharge the Rule. Ed. This case is also Reported in:49 DLR (HCD) (1997) 419. ......e are not applicable and cannot be read with section 6(5) of the Criminal Law Amendment Act. Since the cases cited above by the learned Advocate of the petitioner did not involve determination of the question of requirement of sanction under section 6(5) of the Criminal Law Amendment Act they have n..Category: Criminal Law | Date: | Hits: 130
....0 of 1992 we hold that this Writ petition is not maintainable.
In the result the Rule is discharged without any order as to costs.
Ed.
This Case is also Reported in: 50 DLR (HCD) (1998) 567.
......0 of 1992 we hold that this Writ petition is not maintainable.
In the result the Rule is discharged without any order as to costs.
Ed.
This Case is also Reported in: 50 DLR (HCD) (1998) 567.
......ainable.
In the result the Rule is discharged without any order as to costs.
Ed.
This Case is also Reported in: 50 DLR (HCD) (1998) 567.
...... or Dhaka University Ordinance or Regulation in Calendar Part II chapter XLII for such notice before issuance of final order. The submission of Mr. Islam regarding such notice is of no substance. The question of violation of natural justice advanced by the learned Advocate for the petitioners that n..
Category: Constitutional Law | Date: | Hits: 300
Bachu Miah Vs. Samad Miah and others, 1998, 27 CLC (HCD)
....uld not be set aside. 2. Prosecution case is that, informant P.W.1 Bachu Miah, father P.W.5 Chand Ali purchased 0.24 decimals of land of plot No.1545 with three huts thereon and while they were in possession of the said property on 18‑2‑85 at about 7‑30 AM victim Shafiqur Rahman, brother of......udge, Brahmanbaria in Session Case No.83 of 1985 acquitting them should not be set aside. 2. Prosecution case is that, informant P.W.1 Bachu Miah, father P.W.5 Chand Ali purchased 0.24 decimals of land of plot No.1545 with three huts thereon and while they were in possession of the said property ......baria am directed to surrender to their bail bonds. Send down the LC record at once. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 564. ......atisfaction of the Deputy Commissioner Brahmanbaria am directed to surrender to their bail bonds. Send down the LC record at once. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 564. ..Category: Criminal Law | Date: | Hits: 75
Ayesha Khatun Akhtar Vs. Government of Bangladesh and another, 1998, 27 CLC (HCD)
....an abandoned property. Further he submitted that since the property having been released by the SDO, the appropriate authority, the Government has no manner of authority to keep the property in their possession being an abandoned property. Keeping the property by the respondent as an abandoned prope......e date of receipt of the copy of the judgment. Let a copy of this judgment be communicated to the Respdt No.1 at once for compliance. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 639. ......opy of this judgment be communicated to the Respdt No.1 at once for compliance. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 639. ......ged the judgment and order dated 26‑1‑97 passed by the Chairman, 1st Court of Settlement, Dhaka to have been passed without any lawful authority and to be of no legal effect. 2. The holding in question being plot No. H/7, Block‑E, Mohammadpur, Dhaka was leased out to one Amir Hossain for 99..Category: Property Law | Date: | Hits: 71
Abdul Latif Howlader Vs. Additional Deputy Commissioner (Revenue) & others, 1998, 27 CLC (HCD)
....nder Article 102 of the Constitution. In the result, the application is rejected with a cost of Taka 1,000.00 (One thousand) only. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 638. .......905 of 1989 cancelling the sale deed No.2827 dated 4‑4‑1982. 2. Respondents 3‑6 filed an application under section 7 of Bangladesh Rin Shalishi Ain, 1989 stating that they sold the disputed land to the petitioner and the deed referred to in paragraph 3 of the petition shall be cancelled. I......, the application is rejected with a cost of Taka 1,000.00 (One thousand) only. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 638. ......ed: M Habibullah, Advocate ‑ For the Petitioner. Writ Petition No.2261 of 1998. Judgment AM Mahmudur Rahman J.- This application under Article 102(2)(a)(ii) of our Constitution calls in question judgment and order dated 10‑6‑1997 passed by Additional Deputy Commissioner (Revenue) P..Category: Constitutional Law | Date: | Hits: 222
Bangladesh Vs. Shudhir Chandra Nath, 2011, 40 CLC (HCD)
....ch have given rise to the Rule are as follows: The plaintiff instituted Title Suit No.32 of 1973 for declaration of title to the suit land described in the schedule of the plaint and recovery of khas possession thereto in alternate for awarding a money decree of Taka 10,175.10 being the compensation......t No.32 of 1973 should not be set aside. 2. The short facts which have given rise to the Rule are as follows: The plaintiff instituted Title Suit No.32 of 1973 for declaration of title to the suit land described in the schedule of the plaint and recovery of khas possession thereto in alternate fo......2011. Result: The Rule is discharged. The Code of Civil Procedure, 1908 (Act No. V of 1908); section 115(1) Scope of section 115(1) A Court of revision under section 115(1) CPC can interfere with the findings of fact as the final Court of facts only in exceptional circumstances wh......osite Parties. Civil Revision No.7570 of 1991. Judgment Siddiqur Rahman Mian J.- This Rule under section 115 of the Code of Civil Procedure at the instance of defendant-petitioner calls in question the Judgment and decree dated 10-5-1983 passed by the learned Additional District Judge, 2n..Category: Procedural Law | Date: | Hits: 111
Mustaq Ahmed Vs. State, 2010, 39 CLC (HCD)
....a scissor, thereby putting him in fear of imminent danger and thereafter, he obtained the cheque. It is immaterial that the said cheque could not be encashed. As soon as the appellant had come into possession of the cheque, the offence of extortion stood committed………………………(65) ......erence thereof in her Service Book. The office is directed to communicate the Order and send down the lower Court records at once. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 301. ......ice is directed to communicate the Order and send down the lower Court records at once. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 301. ......He also identified the appellant at the dock. 22. During cross-examination, P.W. 1 stated that he did not mention the cheque number at the time of filing the FIR. He also stated that the cheque in question and the dagger were both recovered from his possession by the police. He father stated that..Category: Criminal Law | Date: | Hits: 62
....d was Naida Bashi Chowkidar, from whom 15 decimals land was purchased by Ibrahim Gazi, Soleman Gazi, Mohammad Gazi, and Manu Gazi. According to the family settlement, Mohammad Gazi obtained exclusive possession of entire .15 decimals of land of plot No.893 and constructed 2(two) tin shed house and l......96 should not be declared to have been made malafide, without any lawful authority and is of no legal effect.
2. The petitioner challenged the legality and validity of acquisition of his homestead land (inpart) in L.A. Case No.1 of 95-96 (Annexure-'A').
3. The short facts of the petitioner's c......stant Rule.
The Rule is therefore, discharged without any order as to costs.
Ed.
This Case is also Reported in: 13 MLR (HCD) (2008) 373.
......ments which has been annexed as annexure-'C' series are created documents by the petitioner and the decision cannot be taken on the basis of such documents. He further submits that there are disputed question of facts in the instant writ petition. He further submits that annexure-'A' which was annex..
Category: Property Law | Date: | Hits: 73
Government of the People's Republic of Bangladesh Vs. Altaf Hossain and others, 2009, 38 CLC (HCD)
....ying rent and taxes to the Government authority. Thereafter, said Abdul Karim and others transferred 3.09 acres of land by registered deed on 03.12.1964 in favour of Hafez Uddin and handed over the possession to the vendee. Thereafter Wafex Uddin transferred 2.52 registered deed dated 12.02.1986. ......for correction of record against Nalini Kanta and others and they got ex parte decree on 10.03.1963. Thereafter they mutated their name in the record of right and have been possessing the said suit land by paying rent and taxes to the Government authority. Thereafter, said Abdul Karim and others t...... Emdadul Hoque J Government of the People's Republic of Bangladesh, represented by the Deputy Commissioner, Jhelakathi........................Defendant-Appellant-Petitioners Vs. Altaf Hossain and others...........................Opposite parties Judgment June 24, 2009. Result:......No.117 of 1993 is hereby upheld. The order of status quo granted earlier by this Court is hereby vacated. Send down the LCR at once. Ed. This Case is also Reported in: 7 LG (HCD) (2010) 81. ..Category: Property Law | Date: | Hits: 96
.... to the writ petitioner upon certain terms and condition, but since the respondent No.5 failed to comply those terms and condition the said 'No-objection' was later cancelled. In the meantime the possession of the entire concern Taj Jute Backing Co. Ltd. has been handed over to the Respondent No......t.
In the results, the rule is discharged.
However, there shall be no order as to costs.
Moyeenul Islam Chowdhury J.- I agree.
Ed.
This Case is also Reported in: 7 LG (HCD) (2010) 152.
......er, there shall be no order as to costs.
Moyeenul Islam Chowdhury J.- I agree.
Ed.
This Case is also Reported in: 7 LG (HCD) (2010) 152.
......ssion of the earlier 'No-objection' by the Ministry of Jute is immune from any challenge in this respect by the writ petitioner.
13. The learned Advocate Mr. Idrisur Rahman further argues that the question of complying the rules of natural justice or of its extended limbs does not arise at all fo..
Category: Administrative Law | Date: | Hits: 299
....anent injunction.
4. In the plaint, it has been started further that the schedule land had belonged to Ras Bihari Das alias Ramani Mohan Das who died intestate on 10th Cartik 1365 B.S. and he took possession of the property of schedule 1 and 2 after the death of said Rahmani Mohan and was growing...... said Ramani Mohan Das Baishnab and has been enjoying the said properties permanently and the plaintiff is entitled to the compensation money assessed by the government in respect of the 3rd schedule land described in the plaint and for permanent injunction.
4. In the plaint, it has been started ......ected to send down the lower Courts records immediately.
Ed.
This Case is also Reported in: 18 BLT (HCD) (2010) 51.
......ounsel along with Mr. Serajur Rahman, the learned Advocate appearing before this Court in countering the submissions of the learned Advocate for the petitioner has strait way submitted that the basic question raised before this Court as to whether 2 registered Debutternama were acted upon during the..
Category: Property Law | Date: | Hits: 102
Allama Delawar Hossain Sayedee Vs. Bangladesh, and others, 2009, 38 CLC (HCD)
....r attention to the decision in the case of Abul A Ala Mouddi Vs. State Bank of Pakistan reported in 22 DLR (WP) 20 (1970) page 57. The learned Counsel also submits that the Petitioner being in lawful possession of valid Bangladeshi passport issued in accordance with law under the Passport Order, 197......one. If the Government wants to stop the Petitioner from leaving the country, then it must start a specific criminal case against him and get a custodial order by a Court of law under the laws of the land. If the Government is allowed to restrict a person from going abroad at its discretion simply b...... Ed. This Case is also Reported in: 18 BLT (HCD) (2010) 188. ......d the respondents are hereby directed to allow the Petitioner to leave and re-enter Bangladesh. There will be no order as to cost. Ed. This Case is also Reported in: 18 BLT (HCD) (2010) 188. ..Category: Constitutional Law | Date: | Hits: 147
Md. Taimur Rahman alias Toibur Vs. State, 2010, 39 CLC (HCD)
.... at liberty to cancel the bail, if the accused petitioner misuses in any way the privilege of bail. Communicate the order at once. Ed. This Case is also Reported in: 18 BLT (HCD) (2010) 272. ......case, in short, inter alia, is that on 28.3.09 one Md. Dasharat Ullah lodged an FIR with the Manda Police Station alleging that on 26.3.09 his daughter-in-law Parvin took 20/25 ripe tomatoes from the land of his uncle Md. Rafizuddin thereby caused family quarrel between 2 families, consequently at a...... petitioner misuses in any way the privilege of bail. Communicate the order at once. Ed. This Case is also Reported in: 18 BLT (HCD) (2010) 272. ...... at liberty to cancel the bail, if the accused petitioner misuses in any way the privilege of bail. Communicate the order at once. Ed. This Case is also Reported in: 18 BLT (HCD) (2010) 272. ..Category: Criminal Law | Date: | Hits: 87
Mirja @ Mizan Vs. State, 2007, 36 CLC (HCD)
....); Section 19A and (f) Mere knowledge about any arms and ammunition is not enough to make someone liable for conviction under Section 19A and (f) of the Arms Act. The accused must have control and possession over the alleged arms……………………………………..(20) Cases Referred t......on and sentence dated 30.07.2005 is set aside only as regards accused appellant Mirza alias Mizan. Send down the copy of judgment. Ed. This Case is also Reported in: 18 BLT (HCD) (2010) 256. ......only as regards accused appellant Mirza alias Mizan. Send down the copy of judgment. Ed. This Case is also Reported in: 18 BLT (HCD) (2010) 256. ......on and sentence dated 30.07.2005 is set aside only as regards accused appellant Mirza alias Mizan. Send down the copy of judgment. Ed. This Case is also Reported in: 18 BLT (HCD) (2010) 256. ..Category: Criminal Law | Date: | Hits: 65
Rezia Khatun Chowdhurani and others Vs. Shamir Kumar Chowdhury and others, 2008, 37 CLC (HCD)
.... of execution of the deed and the balance consideration of amount of Taka 11,000 would be paid at the time of execution of the sale deed after taking necessary income tax clearance and permission and possession the property would be delivered on that day. Samir Kumar Chowdhury put necessary signatur......rs late Md. Ishaq Ali (the plaintiff) instituted Title Suit No. 31 of 1970 on 26th March, 1970 for Specific Performance of Contract against the opposite parties (the defendant) in respect of the suit lands (the property) which on transfer was renumbered as Title Suit No. 68 of 1983. 2. Short fact......rged without any order as to costs. Send down the lower Court records. Ed. This Case is also Reported in: 61 DLR (HCD) (2009) 131. ...... these Rules. In the result, these Rules are discharged without any order as to costs. Send down the lower Court records. Ed. This Case is also Reported in: 61 DLR (HCD) (2009) 131. ..Category: Civil Law | Date: | Hits: 138
Nasirullah and another Vs. Government of Bangladesh and others, 2008, 37 CLC (HCD)
....ther notice dated 5-2-2008 under section 7 of the Ordinance upon each of the members who purchased the land described in the schedule to the Writ Petition. The members of the Association are still in possession of the land in question and have been carrying on business there. Since the petitioner fa......on or near the property in the prescribed form and manner stating that the property is proposed to be acquired. But section 3 of the Ordinance does not enjoin service of notice upon the owners of the land proposed to be acquired…………………………(11 & 12) The Acquisition of the I......it Petition No. 3071 of 2008 is discharged without any order as to costs. Ed. This Case is also Reported in: 61 DLR (HCD) (2009) 119. ......s. 1448 and 3071 of 2008 Judgment SM Hossain J.- Writ Petition Nos. 1448 of 2008 and 3071 of 2008 having been heard together are disposed of by this common judgment as they involve common questions of law and facts. In both the Writ Petitions the petitioners challenged the LA Case No. 1/..Category: Property Law | Date: | Hits: 79
Zareen Biscuit Company Vs. Sayed M. Salimullah and others, 2010, 39 CLC (HCD)
....ion under section 43(2) of the SA&T Act, 1950. Intermediate arrangements had to be made for administration and management specially of the land held in religious or other trust but not taken in possession by the Government till the date of commencement of the East Bengal State Acquisition and ......cquisition and Tenancy Act, 1950 (Act No. XXVIII of 1951); sections 3(1)(2), 42, 43(2) Whether the waqf estate survived the wholesale acquisition of rent receiving interest and non-retainable khas land under the SA&T Act, 1950? Wholesale acquisition of rent receiving interest and of the n......t once. Ed. This Case is also Reported in: 16 BLC (HCD) (2011) 267. ......non-retainable khas land of the Zamindars. After the East Bengal State Acquisition and Tenancy Act, 1950, hereinafter referred to as the "SA&T Act, 1950" came into force the entire waqf estate in question was acquisitioned as non-retainable khas land as per the provisions of the said Act. After ..Category: Trust/Waqf Law | Date: | Hits: 114
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