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Md. Shahjahan Ali and others Vs. Most. Maleka Bewa and others, 2009, 38 CLC (AD)
....ahan Ali and others .............................Petitioners Vs. Most. Maleka Bewa and others ...........................Respondents Judgment July 5, 2009. Lawyers Involved: Bivash Chandra Biswas, Advocate-on-Record- For the petitioners Mahmudul Islam, Senior Advocate, instruct......rned Assistant Judge, Kalihati, Tangail in Title Suit No.58 of 1989 decreeing the suit. 2. The petitioners instituted the above suit for declaration of their title in the suit land and also for recovery of khas possession on the averments that the suit land, along with other lands, originally bel...... of the materials on record arrived at a correct decision and accordingly no interference is called for. The petition is dismissed. Ed. This Case is also Reported in: 16 MLR (AD) (2010) 134. ..Category: Property Law | Date: | Hits: 57
Anti Corruption Commission Vs. Md. Enayetur Rahman and others, 2011, 40 CLC (AD)
....ion is set aside. Accordingly, this petition is disposed of with the above observations. Ed. This Case is also Reported in: 8 LG (AD) (2011) 153, 16 MLR (AD) (2011) 297, VIII ADC (2011) 691. ......ad to Article 102(2) of the Constitution. 9. In State of Goa and others Vs. A.H. Jaffar and sons, (1996) 7 SSC 79, the writ petitioner challenged in the High Court the validity of an order of the Government of Goa which set aside the order of the Minister under Mines and Mineral Regulations and D......ion is set aside. Accordingly, this petition is disposed of with the above observations. Ed. This Case is also Reported in: 8 LG (AD) (2011) 153, 16 MLR (AD) (2011) 297, VIII ADC (2011) 691. ..Category: Anti-Corruption Laws | Date: | Hits: 214
Abdul Majid Vs. Local Government and Co-operative Ministry & 4 others, 2009, 38 CLC (HCD)
....as served upon him, signed by the Director General of the Academy and upon such initiation of the departmental proceeding the petitioner was ultimately discharged from the service. 5. On the other hand, the learned Advocate Mr. AU Ahmed appearing on behalf of the Respondent No.2 Director General ......ourt Division (Special Original Jurisdiction) Present: AFM Abdur Rahman J SM Emdadul Hoque J Abdul Majid……………………………...............Petitioner Vs. Local Government and Co-operative Ministry & 4 others …......Respondents Judgment February 22, ...... with law. Within 15 days from the date of receipt of a copy of this judgment at their end. However, there shall be no order as to cost. Ed. This Case is also Reported in: 16 BLC (2011) 905. ..Category: Employment/Service Law | Date: | Hits: 64
Mohammad Ismail Hossain @ Kana Ismail Vs. The State, 2011, 40 CLC (AD)
....the courts below failed to consider that in the F.I.R. the informant did not disclose the specific allegations that the alleged pipe gun was recovered from the possession of the accused. On the other hand the informant disclosed in the evidence that one girl handed over the pipe gun to the police fr......away. The informant chased the accused, who had thrown away the pipe gun to the western side of a nearby garden of one Gahor. The informant caught hold of him with the help of his companions. They recovered a pipe gun from him in presence of local witnesses. 3. The police on completion of the inv......to G.R. No.158 of 1987. Let the convict appellant to be released from custody if not already been released or wanted in any other case. Ed. This Case is also Reported in: 19 BLT (AD) (2011)187. ..Category: Criminal Law | Date: | Hits: 76
State Vs. Azharul Islam alias Badal and another, 2009, 38 CLC (AD)
....m, the respondent No.1 inflicted a dagger blow in the right jaw of the victim and the respondent No.2 gave a dagger blow on the right side of the bally of the victim and accused Pichchi sumon, by the handle of fire arm, also gave a blow on the head of the victim whereupon the victim fell clown on th......all reasonable doubt but Chhoto Shahadat and Jony were wrongly convicted under section 326/34 of the Penal Code for causing hurt to only P.W.2 and even without framing any change for that act and moreover Liton, having absconding all through and the death of the victim being the cumulative effect of......and order and there is no illegality or infirmity in the above decision so as to call for any interference. The petition is dismissed. Ed. This Case is also Reported in: 19 BLT (AD) (2011)166...Category: Criminal Law | Date: | Hits: 56
MA Hashem Vs. Shamsul Kabir Humayun Reza and anothers, 2011, 40 CLC (HCD)
....nearly as may be the same duties as are conferÂred and imposed by this Code on Courts of original jurisdiction in respect of suits instiÂtuted therein and since depositions and exhiÂbits before my hand as such, I can dispose of the suits without sending the same to the trial Court for remand. It ......dant No.1 vide allotment letter No. DIT/Gulshan/2409 dated 2-3-1962 and it was registered between DIT and the principal defendant No.1 vide lease deed No.7198 dated 1-8-1962 and possession was handed over to the principal defendant No.1 who duly mutated in respect of the suit land his name and has p......l Decree No.346 of 2009, filed written statement in which he denied the plaint case line by line after taking preliminary objections as to maintainability of the suit, it is his case that in fact the management of Eastern Housing Ltd, the power of attorney holder of the plaintiffs, showing fake engi..Category: Property Law | Date: | Hits: 100
Shah Alam and others Vs. Masuma Khatoon and others, 1993, 22 CLC (HCD)
....rred eastern half of suit CS plot No.313 to plaintiff No.1 Masuma Khatoon and delivered possession of the said land to her from Block 'B' of the map attached to the said deed. Defendants on the other hand claimed that Sirajbi Bibi was in possession of 1.14 acres of land from the western side of CS p......judgment and decree dated 17.8.78 passed by the Subordinate Judge, 1st Court, Dhaka in Title Suit No.27 of 1977 decreeing the plaintiff's suit for declaration of title in the 'A' schedule land and recovery of possession in the 'B' schedule land of the plaint which is part of the 'A' schedule land. ......o merit in this appeal. In the result, the appeal is dismissed with cost and the judgment and decree of the court below is affirmed. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 541...Category: Property Law | Date: | Hits: 55
Most. Shamsunnahar and Others Vs. Abdul Mannan and Others, 2010, 39 CLC (AD)
....ent May 26, 2010. Lawyers Involved: Dr. M. Zahir, Senior Advocate, instructed by Syed Mahbubar Rahman, Advocate-on-Record- For the Appellants. Asaduzzaman, Advocate, instructed by Bivash Chandra Biswas, Advocate-on-Record-For Respondent No. 1. Asaduzzaman, Advocate, instructed by ASMK......Court will take notice. When a plaintiff is taking a plea of fraud must specifically plead and prove the same. Although 'undue influence', 'fraud', 'misrepresentation' are cognate vices may, in part, overlap in some cases, they are in law distinct categories, and are in view of Order 6 Rule 4 read w......ind no ground to interfere with the same. The appeal is, therefore, dismissed without any order as to costs. Ed. This Case is also Reported in: 31 BLD (AD) (2011) 198, 16 MLR (AD) (2011) 374. ..Category: Property Law | Date: | Hits: 49
Lt. Col. M. A. Mannan (Retd.) Vs. Social Investment Bank Ltd. and Others, 2010, 39 CLC (AD)
.... effected, then the Adalat will direct for publication of notice for sale at least two daily national news papers by giving 15 days time, which is the minimum requirement of law. 8. In the case in hand, we noticed that by order dated 12th May, 2003 the executing Court fixed 14th June, 2003 for au......ately decreed on 28th September, 2001 and pursuant thereto the decree holder put the decree into execution in Title Execution Case No.26 of 2002 on 7th March, 2002 against the judgment debtors for recovery of a sum of Tk. 2,09,59,112/-. There was publication notice for selling of the mortgaged prope......e receipt of the judgment. The appeals are dismissed with the above observations without any order as to costs. Ed. This Case is also Reported in: 31 BLD (AD) (2011) 124, VIII ADC (2011) 518...Category: Civil Law | Date: | Hits: 90
Wahed Ali Vs. Sona Miah, 2009, 38 CLC (HCD)
.... Mia (since dead) in brief was that the lands covered by Settlement Khatian No.47 originally belonged to Zamindar Ayub Ali Chowdhury and the same was recorded in the Khatian No.47 in the name of Raj Chandra as Chakran Tenant. Subsequently the Zamindar took the said lands to his khash Khatian. Kamaru......ion and Tenancy Act, 1950 for preemption of the case land against the present petitioner as opposite party No.1. 3. The case of the petitioner, Sona Mia (since dead) in brief was that the lands covered by Settlement Khatian No.47 originally belonged to Zamindar Ayub Ali Chowdhury and the same w...... The order of stay granted at the time of issuance of the Rule is hereby vacated. Send down the lower Courts records immediately. Ed. This Case is also Reported in: 16 MLR (HCD) (2011) 248...Category: Property Law | Date: | Hits: 91
Hemayetuddin and others Vs. Md. Shahjahan Miah and others, 2009, 38 CLC (HCD)
....and others Vs. Abdur Razzaque reported in 4 ADC page 6. The learned counsel lastly referred the case of Abdullah and others Vs. Abdul Karim and others reported in 20 DLR (SC) 206. 11. On the other hand Mr. Abul Kalam Patuary with Mr. S.M. Hormuz Ahmed appearing on behalf of the plaintiff-appellan...... the Petty Settlement recorded tenants transferred their entire right to Keron Bala who sold her rest of the land to Ismail and Kashem and it was also alleged that 2.83 acres of land was acquired by Government where construction was made by Government. The Revisional Settlement and State Acquisition......Court at the time of issuance of the rule is hereby vacated. Lower Court's records be sent down at once with a copy of the judgment. Ed. This Case is also Reported in: 16 MLR (HCD) (2011) 242...Category: Property Law | Date: | Hits: 72
HM Ershad Vs. The State, 1992, 21 CLC (HCD)
....ime when he had ceased to be a Minister, yet it was necessary for the institution of the prosecution against him that sanction from the appropriate Government should be obtained". 17. On the other hand, the learned Attorney-General cited the case of Nazir Hossain Shah Vs. State reported in 17 DLR...... DLR (SC) 26; Sheikh Mujibur Rahman and another Vs. State, 15 DLR 549; Nazir Hossain Shah Vs. State, 17 DLR (SC) 26; Nazir Hossain Shah Vs. State, 17 DU (SC) 26; Zakir Hossain Vs. State, 28 DLR 452; Government of the People's Republic of Bangladesh Vs. Divisional Special Judge, Khulna Division and a......ions of ours will not touch the merit of the case in any manner whatsoever. Let the records of the case be sent down immediately. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 533. ..Category: Criminal Law | Date: | Hits: 286
Sher Mohammad and others Vs. Saroda Bala Sen and others, 1993, 22 CLC (HCD)
.... a bona fide requirement of the premises he served a notice under section 106 of the Transfer of Property Act, terminating the tenancy from July, 1978. The defendant received the notice yet failed to hand over the vacant possession of the suit land. Hence the suit. 4. The defendant opposite party......na fide requirement of the premises he served a notice under section 106 of the Transfer of Property Act, terminating the tenancy from July, 1978. The defendant received the notice yet failed to hand over the vacant possession of the suit land. Hence the suit. 4. The defendant opposite party No.2...... Accordingly the Rule is discharged. The stay granted earlier is hereby vacated. Communicate this order to the lower Court at once. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 527...Category: Property Law | Date: | Hits: 50
Rajab alias Rajab Ali and others Vs. State, 2011, 40 CLC (HCD)
....s. Enayet Hossain and others, 17 BLD (AD) (1997) 44; Sher Ali (Md.) and others Vs. The State, 46 DLR (AD) (1994) 67; Asiman Begum Vs. The State, 51 DLR (AD) (1999) 18. Lawyers Involved: Subash Chandra Saha, Advocate-For the Petitioners. (In both cases) Monjur Kader, Assistant Attorney Gener......d a hue and cry. On hearing the hue and cry, the neighbours came forward to the place of occurrence but the sister of the informant was found missing. Subsequently, the sister of the informant was recovered from near the temple situated at Balaganj area. After recovery, the victim disclosed that the......rom his bail bond. Let the lower Court's record along with a copy of this judgment be sent down to the concerned Tribunal at once. Ed. This Case is also Reported in: 19 BLT (HCD) (2011) 492. ..Category: Criminal Law | Date: | Hits: 86
Md. Azizul Haque Vs. Adamjee Jute Mills Ltd., 2010, 39 CLC (HCD)
....simple question of law and thereby most illegally decreed the suit in favour of the plaintiff and as such the impugned judgments of 2 (two) Courts below are liable to be set-aside. 9. On the other hand, Mr. Tufailur Rahman, the learned Advocate appearing for the plaintiff-opposite party supports ......mjee Jute Mills Corporation caused financial loss in purchasing raw jute to the plaintiff and any suit, if at all, which could have been instituted against the defendant was a suit in tort for the recovery of damages. He next submits that both the Courts below misdirected themselves in failing to ap......he plaintiff opposite party's suit is dismissed. Let a copy of the judgment along with lower Court's record be sent down at once. Ed. This Case is also Reported in: 16 MLR (HCD) (2011) 236. ..Category: Civil Law | Date: | Hits: 97
....e correspondences with the Adjutant General to resolve the problem which are marked Annexure‑‘O’(1)’O(2), P & P(1) to this Petition but got no favourable reply from that end. On the other hand, Respondent 1 issued impugned notices under Annexure‑'A' to hand over 2.26 acres of land by J......ders and the Directors of M/s. Drums Metal Limited were Pakistani nationals. On emergence of Bangladesh the said company was declared abandoned one under President's Order No.16 of 1972 and was taken over by the Government of Bangladesh with all its assets and liabilities and was placed under the ma......adesh the said company was declared abandoned one under President's Order No.16 of 1972 and was taken over by the Government of Bangladesh with all its assets and liabilities and was placed under the management of the Bangladesh Steel and Engineering Corporation. Pursuant to the decision of the Gove..
Category: Property Law | Date: | Hits: 92
A Elahee & Co. Vs. MM Aziz and others, 1991, 20 CLC (HCD)
......Opposite Parties Judgment February 26, 1991. Cases Referred to- PLD 1966 (Karachi) 75, PLD 1952 (Dhaka), 137 and 25 DLR page 418; Ellis Vs. Allen (1914) Chancery Division, 904; Shikharchand Vs. Mst. Bari Bai, AIR 1974 (Madhya Pradesh), 75; Kassamali Afibhoy Vs. Shaikh Abdul Sattar, PL......M/s. A Elahee & Co represented by its proprietor Md. Ishaque, 366, Strand Road, Majhirghat, Chittagong on the allegation that defendant Âpetitioner M/s A Elahee & Co. who was engaged by the Government to carry Urea of Fertilizer Factory Ltd. to the jetty and other places by road/railways en......cordance with law. In the facts and circumstances of the case, there will be no order as to costs. Send down the LC records at once. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 131...Category: Civil Law | Date: | Hits: 104
Bangladesh and others Vs. Abdul Aziz, 2011, 40 CLC (HCD)
....€¦â€¦â€¦â€¦â€¦..................Petitioners Vs. Abdul Aziz............... ………………………………..........Opposite Party Judgment March 22, 2011. Cases Referred To- Khandaker Mobarak All Vs. Jahanara Begum, 1 ADC (2004) 401; Jinnatunnessa Vs. Bangladesh 48 DLR 208; ......e to the Rule are as follows: the opposite party as plaintiff filed Title Suit No.110 of 2005 in the Court of Senior Assistant Judge, Nasirnagar, Brahmanbaria praying for declaration of his title over the suit property mentioned in the schedule of the plaint. 3. The plaintiff in the plaint ha......revisional power. In the result the revision fails and the Rule is discharged without any order as to cost. Send down the LCR at once. Ed. This Case is also Reported in: 16 BLC (2011) 897...Category: Procedural Law | Date: | Hits: 72
Iqbal Hossain and six others Vs. Chairman, Labour Appellate Tribunal and Others, 2011, 40 CLC (HCD)
.... respondent No.2) are declared to have been passed without lawful authority and is of no legal effect. Send down the LC records at once. Ed. This Case is also Reported in: 16 BLC (2011) 889. ......lowed to enter into the office of the respondent No. 3 and no copy of such termination letter was ever served on him. In the meantime, he became sick and remained as such till 26-7-2002 and on his recovery he went to the Head Office of the respondent No. 3 located at Kawran Bazar on July 27, 2002 wh...... respondent No.2) are declared to have been passed without lawful authority and is of no legal effect. Send down the LC records at once. Ed. This Case is also Reported in: 16 BLC (2011) 889. ..Category: Labour and Industrial Law | Date: | Hits: 161
State Vs. Ashraf Ali and others, 2009, 38 CLC (HCD)
....af also told that Hasan and Mamtaz gave Tk. 2, 00,000/- to them. He received Tk.1, 00,000/- prior to the occurrence and after 12 days of the occurrence he received Tk.10, 000/-. Thereafter Ashraf was handed over to police. This witness identified accused-Ashraf on dock and also identified the materi...... told that Hasan and Mamtaz gave Tk. 2, 00,000/- to them. He received Tk.1, 00,000/- prior to the occurrence and after 12 days of the occurrence he received Tk.10, 000/-. Thereafter Ashraf was handed over to police. This witness identified accused-Ashraf on dock and also identified the material exhi...... alias Ripon and Abdul Jalil alias Shimul. Send down the lower Court record at once. Mashuque Hosain Ahmed J.-I agree. Ed. This Case is also Reported in: 16 BLC (HCD) (2011) 310. ..Category: Criminal Law | Date: | Hits: 82
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