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Alimuddin and others Vs. Abdul Kabir and others, 2003, 32 CLC (HCD)
....sary for the purpose of the Rule is that the petitioners as plaintiffs instituted Partition Suit No. 195 of 1985 before the Subordinate Judge, Kishoreganj seeking partition of their share in the suit land. The suit on transfer to the Assistant Judge, Kishoreganj was re-numbered as Partition Suit No....... Alimuddin and others.…………………………………..Petitioner Vs. Abdul Kabir and others………………………………….Opposite Parties. Judgment June 29, 2003. Cases Referred to- 13 DLR 871; 1985 BLD 61; 1985 BLD 61. Lawyers Involved: Md. Omar Ali Kha......tle Appeal No. 372 of 1993 should not be set aside and/or pass such other or further order or orders as to this Court deems fit and proper. 2. Short facts necessary for the purpose of the Rule is that the petitioners as plaintiffs instituted Partition Suit No. 195 of 1985 before the Subordinate J......€¦â€¦â€¦â€¦â€¦â€¦â€¦â€¦â€¦â€¦â€¦.Opposite Parties. Judgment June 29, 2003. Cases Referred to- 13 DLR 871; 1985 BLD 61; 1985 BLD 61. Lawyers Involved: Md. Omar Ali Khan, Advocate—For the Petitioners. Shah Md. Zahurul Haque, Advocate—For the Opposite Parties. Civil Revisio..Category: Procedural Law | Date: | Hits: 93
Executive Engineer, Sylhet Public Works Department Vs. Md. Asob Ali, 2005, 34 CLC (HCD)
....o costs. The order of stay passed at the time of issuance of the Rule is hereby vacated. Send down the records of the Courts below at once. Ed. This Case is also Reported in: 58 DLR (2006) 236. ......partment…………….Petitioner Vs. Md. Asob Ali……………………………………………………………………………….Opposite Party. Judgment August 17, 2005. Case Referred to- 2 MLR (AD) 109. Lawyers Involved: Md. Azizul Haque, with Md. Jafor Ali....... in auction the suit materials to anyone else as attempted by the defendant-petitioner by announcing auction sale for the fourth time. The case of the plaintiffs made out in the plaint, in short, is that the plaintiff as a trader of rods, C1 sheets, etc. participated through submission of quotations...... This Case is also Reported in: 58 DLR (2006) 236. ..Category: Business or Commercial Law | Date: | Hits: 209
Golap Vs. Md. Abdul Hakim & others, 2002, 31 CLC (HCD)
....ourt may seem fit and proper. 2. Before the issuance of the Rule delay of 29 days was condoned. The plaintiff-opposite party filed the suit for declaration of title and khas possession of the suit land with an additional prayer for partition. The contesting defendant filed written statement denyi....... 3 Rasullah alias Abdur Rashid stands abated. Ed. This Case is also Reported in: 58 DLR (2006) 227.......cified period of 90 days to substitute the heirs of deceased defendant No. 3 (Rasullah alias Abdur Rashid) as defendants in the suit. Thereafter the defendant filed an application on 29-3-97 stating that the defendant No. 3 Rasullah alias Abdur Rashid died on 4th March 1992 and his heirs were not su...... & others…………….Opposite Parties. Judgment October 23, 2002. Case Referred to- Abdul Aziz Vs. Abani Mohan, 30 DLR (SC) 221. Lawyers Involved: Abdul Hoque, Advocate—For the Petitioner. Not represented— the Opposite Parties. Civil Revision No. 374 of 1999. ..Category: Procedural Law | Date: | Hits: 106
Tahera Begum and others Vs. Mizanur Rahman (Md.) and others, 2004, 33 CLC (HCD)
....s of deceased defendant No. 232 Jalal Patwari. 13. Meanwhile, said Mohsin Khan took steps for partition and the advocate commissioner appointed submitted his report effecting partition of the suit land. The Court accepted the report in due course and made the preliminary decree final on 25- 7-01....... is hereby set aside. Communicate at once. Ed. This Case is also Reported in: 58 DLR (2006) 224.......der dated 27-7-2002 passed by Joint District Judge, Court No.2 at Chandpur in Title Suit No. 12 of 2002, which stayed all further proceeding of Title Execution Case No. 1 of 2002. 2. It is stated that one Md. Mohsin Khan, predecessor-in-interest of the petitioners as plaintiff on 27-4-1994 instit...... Judgment March 16, 2004. Case Referred to- Amimdlah Bhuiyan and others Vs. Abdul Hafiz and others, 1981 BCR (AD) 131 = 33 DLR (AD) 282. Lawyers Involved: Joynal Abedin, Advocate—For the Petitioners Mojibur Rahman, Advocate—For the Opposite Parties. Civil Revision No. 524..Category: Property Law | Date: | Hits: 72
Rafique Ullah (Md) Vs. Badsha Alam and others, 2005, 34 CLC (HCD)
....iscellaneous Case No. 12 of 1998 in the Court of the learned Senior Assistant Judge, Begumgonj, Noakhali under Section 96 of the State Acquisition and Tenancyt Act praying for pre-emption of the case land alleging, inter alia, that they are co-sharer tenants in the case jote by way of inheritance as......ue Ullah (Md)………………………………………………..Petitioner Vs. Badsha Alam and others..................................Opposite Parties. Judgment August 30, 2005. Case Referred to- Abdul Wahab Vs. Samad Ali, 33 DLR (AD) 113. Lawyers Involved: Md. Abul Ka......nd order dated 27-9-2001 passed by the learned Senior Assistant Judge, Begumgonj, Noakhali in Miscellaneous (pre-emption) Case No. 12 of 1998 allowing the pre-emption. 2. Facts briefly stated are that the present preemptor- opposite party Nos. 1-6 filed Miscellaneous Case No. 12 of 1998 in the Co.........................Opposite Parties. Judgment August 30, 2005. Case Referred to- Abdul Wahab Vs. Samad Ali, 33 DLR (AD) 113. Lawyers Involved: Md. Abul Kalam Chowdhury, Advocate—For the Petitioner. Md. Khalilur Rahman Bhuiyan with Mohammad Mofazzal Hossain, Advocates—For th..Category: Property Law | Date: | Hits: 67
Badel Alam Howlader Vs. Falu Dewan and others, 2004, 33 CLC (HCD)
....his Court and obtained the instant Rule. 2. Facts necessary for disposal of the Rule, briefly stated, are as under the plaintiff-appellants-opposite party Nos. 1 and 2 were allotted 40 decimals of land under Khatian No. 1, Plot No. 190 at Mouza Haluaghat, District Mymensingh by way of settlement ......J Badel Alam Howlader…………..…. Defendant-Respondent-Petitioner Vs. Falu Dewan and others…...............Plaintiff-Appellant-Opposite-Parties. Judgment February 11, 2004. Cases Referred to- 1 MLR 54; 46 DLR 34; 49 DLR 428; Md. Yusuf Ali Vs. Chancellor of Rajshahi Univ...... No. 426 of 1997 allowing the appeal and thereby reversing the judgment and decree dated 31-8-97 and 7-9-97 respectively passed in Other Class Suit No. 31 of 1995 by the Senior Assistant Judge, Haluaghat Court, Mymensingh, the defendant-respondent-petitioner moved this Court and obtained the instant...... Falu Dewan and others…...............Plaintiff-Appellant-Opposite-Parties. Judgment February 11, 2004. Cases Referred to- 1 MLR 54; 46 DLR 34; 49 DLR 428; Md. Yusuf Ali Vs. Chancellor of Rajshahi University, 1998 BLD 1. Lawyers Involved: Md. Abdul Hoque, Advocate — For th..Category: Property Law | Date: | Hits: 66
Afil Jute Mills (Pvt) Ltd. and others Vs. Bangladesh, 2006, 35 CLC (HCD)
....mortgaged all its assets, movable and immovable properties including its machinery etc to respondent No. 3 bank as security for the loan. The petitioner company also mortgaged 50 (fifty) acres of its land worth Taka 23,12,50,000 and buildings, plants and machinery etc. worth Taka 80,07,37,000 as sec......Ltd. and others…………………….......Petitioners Vs. Bangladesh, represented by the Secretary, Ministry of Finance and others……… Respondents. Judgment January 26, 2006. Cases Referred to- State of MP Vs. GC, Mandawar AIR 1954 SC 493; SA Sabur Vs. Returning Officer 4......red to be unconstitutional being violative of Articles 27, 31 and 40 of the Constitution of the People's Republic of Bangladesh. 3. The short fact leading to the issuance of the aforesaid Rule is that the petitioner No. 1, Afil Jute Mills Ltd., is a company incorporated in 1965 under the Companie......, 2006. Cases Referred to- State of MP Vs. GC, Mandawar AIR 1954 SC 493; SA Sabur Vs. Returning Officer 41 DLR (AD) 41. Lawyers Involved: Abdur Razzaque with Shahin Ahmed. Advocate — For the Petitioner. Shamim Khaled Ahmed with Syed Hasan Zobair, Advocate—For Respondent Nos. 2 a..Category: Civil Law | Date: | Hits: 125
Ziaul Hoque Chowdhury (Md.) Vs. State and another, 2005, 34 CLC (HCD)
....permission to submit charge-sheet against all the accused persons, that in the memo of evidence the investigating officer observed that Mofizur Rahman had dispute with the deceased over 4 decimals of land and that as per his order the occurrence took place. The learned Magistrate after consideration......e observations made above. Ed. This Case is also Reported in: 58 DLR (2006) 193. ......he order dated 7-6-03 of the Additional Sessions Judge, 3rd Court, Chittagong in Sessions Trial Case No. 1 of 2001 discharging the opposite party No.2 Mofizur Rahman alias Mofizul Azam on the ground that there is no sufficient evidence to proceed against him. Since the petitioner has annexed the sta......ar alias Maina Vs. State, 1984 BLD (AD) 206; Abdur Rahman Vs. State, 29 DLR (SC) 256; Bangladesh Vs. Yakub Sardar and others, 40 DLR (AD) 246. Lawyers Involved: Raquibul Haque Miah, Advocate—For the Petitioner. Md. Mujibur Rahman, Advocate—For Opposite Party No. 2. Criminal Revision ..Category: Criminal Law | Date: | Hits: 49
Government of Bangladesh represented by the DC, Comilla Vs. Md. Eakub and others, 2004, 33 CLC (HCD)
.... others.................................................................Respondents. Judgment March 25, 2004. Cases Referred to- Howell Vs. Falmouth Boat Construction Ltd, [1951] 2 All England Reports 278; Delhi Cloth and General Mills Ltd Vs. Union of India, AIR 1987 SC 2414; Howell Vs.......the plaintiff. Send down the LCR at once. Ed. This Case is also Reported in: 58 DLR (2006) 176. ......ormance of a contract dated 16-1-95 for sale of the suit land along with shops thereon as described in schedule-1 (Kha) to the plaint and also for possession thereof. 3. Plaint case, in short, is that the land comprising of 11 plots as described in schedule-1 to the plaint measuring about 35.35 d......................................................................Respondents. Judgment March 25, 2004. Cases Referred to- Howell Vs. Falmouth Boat Construction Ltd, [1951] 2 All England Reports 278; Delhi Cloth and General Mills Ltd Vs. Union of India, AIR 1987 SC 2414; Howell Vs. Falmout..Category: Property Law | Date: | Hits: 159
Mainul Hosein and others Vs. Anwar Hossain and others, 2003, 32 CLC (HCD)
....anir Vs. Bangladesh, 44 DLR (AD) 319; Himat Lai K Shah Vs. Commissioner of Police, Ahmedabad and others, AIR 1973 SC 87; Haji Md. Vakil Vs. Commissioner of Police, AIR 1954 Cal 159; McCulloch Vs. Maryland. 4 Wheaton 316; Osman Gani Mondal Vs. Mainuddin Ahmed and others, 27 DLR (AD) 61; AIR 1966 SC 3......war Hossain and others……………………………….Respondents. Judgment January 28 & 29, 2003. July 14, 2003. Result: The Rules are made absolute without any order as to cost. Cases Referred to- Osman Gani Mondal Vs. Mainuddin Ahmed and others, 27 DLR ...... purpose of conferring joint responsibility on the two executive directors in the matters of running the business of the Company including the management and the publications of the Daily Ittefaq so that the Company can function smoothly without referring almost every matter to the Board of Director...... Anwar Hossain and others……………………………….Respondents. Judgment January 28 & 29, 2003. July 14, 2003. Result: The Rules are made absolute without any order as to cost. Cases Referred to- Osman Gani Mondal Vs. Mainuddin Ahmed and others, 2..Category: Information Technology Law | Date: | Hits: 324
Jahangir Hossain Howlader (Md.) Vs. CMM, Dhaka and others, 2004, 33 CLC (HCD)
....hin a specified period.- (1) If any goods are not entered and cleared for home consumption or warehoused or transshipped within forty-five days of the date of unloading thereof at a customs port or a land customs station, or within thirty days of the date of unloading thereof at a customs airport, o......¦â€¦â€¦â€¦â€¦â€¦â€¦â€¦..Petitioner Vs. CMM, Dhaka and others...........................................Respondents. Judgment October 30, 2004. Result: The Rule is made absolute. Cases Referred to- State of West Bengal and others Vs. Swapan Kumar Guha and Others, AIR 1982 (SC)......erred by section 9(a) of the Customs Act, 1969. On 26-6-2001, respondent No. 5 wrote a letter to the Commissioner of Customs, Customs House, Dhaka. By the said letter, attention was drawn by stating that through secret information they came to know that imported goods would be sold in open market an......Bhajan Lal and others, AIR 1992 (SC) 604; Messrs Pepsi Foods Ltd and another Vs. Special Judicial Magistrate and others, AIR 1998 (SC) 128. Lawyers Involved: Mahmudul Islam with Probir Neogi—For the Petitioner. Abdur Rezaque Khan, Additional Attorney-General—For the Respondents. Wri..Category: Criminal Law | Date: | Hits: 158
Dr. Abdur Rahman and others Vs. Chairman, RAJUK & others, 2005, 34 CLC (HCD)
.... petitioners as plaintiffs instituted Money Suit No. 10 of 2001 in the aforesaid Court for realization of Taka 1,70.50.000 as compensation from the defendants. The case of the petitioners is that the land comprises in Mouza Kawran Bazar, Police Station, Tejgaon, District-Dhaka CS khatian No. 37 plot......UK & others.................................Opposite-Parties. Judgment November 15, 2005. Lawyers Involved: Md. Abul Hossain Azadi, Advocate—For Plaintiff-Petitioners. Shah Md. Khasruzzaman, Advocate—For Opposite Party No. 1. Civil Revision No. 6458 of 2001. Judgment ...... 2. The petitioners as plaintiffs instituted Money Suit No. 10 of 2001 in the aforesaid Court for realization of Taka 1,70.50.000 as compensation from the defendants. The case of the petitioners is that the land comprises in Mouza Kawran Bazar, Police Station, Tejgaon, District-Dhaka CS khatian No.......…..Petitioners Vs. Chairman, RAJUK & others.................................Opposite-Parties. Judgment November 15, 2005. Lawyers Involved: Md. Abul Hossain Azadi, Advocate—For Plaintiff-Petitioners. Shah Md. Khasruzzaman, Advocate—For Opposite Party No. 1. Civil Re..Category: Civil Law | Date: | Hits: 99
Sushovan Guha and others Vs. Mahbubul Mannan Chowdhury and others, 2005, 34 CLC (HCD)
....udge, Chittagong, for the selfsame application for stay. 2. The petitioners as plaintiffs instituted the other Suit No. II of 2002 on 2-3-2002 for the declaration of title over the 'Kha' scheduled land and the plaintiffs filed a separate application on 17-6-2002 for a temporary injunction under o...... Sushovan Guha and others……………………………………Petitioners Vs. Mahbubul Mannan Chowdhury and others................Opposite Parties. Judgment December 7, 2005. Cases Referred to- Ainal Kumar Vs. Moshiur Rahman, 30 DLR (SC) 244; Shahazada Md. Umar Bag Vs. Sul...... 3. The defendant No. 1 appeared and filed a written objection on 4-2-2003 against the said application for a temporary injunction dated 17-6-2002. 4. It is stated in the revisional application that during the pendency of the Other Suit No. 11 of 2002 as well as application for a temporary inju......- Ainal Kumar Vs. Moshiur Rahman, 30 DLR (SC) 244; Shahazada Md. Umar Bag Vs. Sultan Malvmid Khan 22 DLR (SC) 41. Lawyers Involved: Abdul Wadud Bhuiyan with Sarder Abul Hossain, Advocate—For the petitioners. Kamal-Ul-Alam with Mohammadul Hoque and Mohammad Ziaul Hoque. Advocates —Fo..Category: Procedural Law | Date: | Hits: 77
Abdul Mannan alias Mona Miah Vs. State, 2002, 31 CLC (HCD)
....at Mannan's wife was hot-headed and she tried to commit suicide earlier. He further stated that Mannan's family is rich and his father-in-law, the informant, is a bargader in respect of one (Kuni) of land. He further asserted that accused Mannan never demanded any dowry either before or after the ma......is Case is also Reported in: 58 DLR (2006) 91. ...... of 1999 against his conviction and sentence. The Death Reference and Criminal Appeal have been heard together and are being disposed of under this Judgment. 2. The prosecution case, in short, is that Ayesha Khatun alias Suma, since deceased, was given in marriage with the condemned-prisoner and ......€¦â€¦â€¦â€¦â€¦â€¦â€¦â€¦â€¦â€¦Respondent. Judgment August 21, 2002. Cases Referred to- State Vs. Abul Kalam, 5 BLC 230; State Vs. Eunnus Kha, 5 BLC 253; the State represented by the Solicitor to the Government of the People's Republic of Bangladesh Vs. Md. Shafikul Islam alias Rafique and..Category: Criminal Law | Date: | Hits: 96
Government of Bangladesh Vs. Helal Jute Press Ltd. and others, 2009, 38 CLC (AD)
....lized excluding the amount spent for the maintenance of the godowns within 10 months from date. 2. Facts, in short, are that the writ-petiÂtioner No.1-respondent No.1 is the owner of 8.6 acres of land having jute press therein and that part of the land was acquired by the Government for the writ......ported in: 8 LG (AD) (2011) 70, VIII ADC (2011) 376, 31 BLD (AD) (2011) 86. ...... possession or with tenants to the present respondents and pay the rents realized excluding the amount spent for the maintenance of the godowns within 10 months from date. 2. Facts, in short, are that the writ-petiÂtioner No.1-respondent No.1 is the owner of 8.6 acres of land having jute press t......, 34 DLR (HCD) 190; Farid Mia Vs. Amjad Ali, 42 DLR (AD) 13; Shamsum Nahar Salam and others Vs. Wahidur Rahman and others, 51 DLR (AD) 232, Naico (Pvt.) Ltd. Vs. Bangladesh Sugar and Food Industries Corporation and others, 2 MLR (AD) 402; Abdur Rahim and others Vs. The Government of Bangladesh and o..Category: Property Law | Date: | Hits: 128
Jahangir Alam (Md.) and another Vs. Md. Shamsur Rahman Sarder & others, 2010, 39 CLC (AD)
....mo dated 15th January, 2002 of the writ respondent No.2, the Deputy Commissioner, Dhaka to have been issued without lawful authority and is of no legal effect. 2. The dispute relates to a piece of land appertaining to SA Khatian No. 955 of S.A. Khatian No.542 measuring an area of 16 decimals, sit......s.2-6. (In Civil Appeal No.270 of 2003). Not Represented—For Respondents. (In Civil Appeal No.271 of 2003). Civil Appeal Nos. 270-271 of 2003. (From the judgment and order dated 24-8-2002 passed by the High Court Division in Writ Petition No.408 of 2002.) Judgment SK Sinha J. - Thes......02 of the writ respondent No.2, the Deputy Commissioner, Dhaka to have been issued without lawful authority and is of no legal effect. 2. The dispute relates to a piece of land appertaining to SA Khatian No. 955 of S.A. Khatian No.542 measuring an area of 16 decimals, situates at Bara Moghbazar, ......Alam (Md.) and another ...............Appellant Vs. Md. Shamsur Rahman Sarder & others……………….Respondents Judgment October 27, 2010. Lawyers Involved: TH Khan, Senior Advocate, instructed by Md. Nawab Ali, Advocate-on-Record—For the Appellant. (In Civil Appeal N..Category: Property Law | Date: | Hits: 71
Government of Bangladesh and others Vs. Kamrun Nahar and 5 anothers, 2010, 39 CLC (AD)
....on Rules, 1981. These petitions are disposed of with the above modification and observations. Ed. This Case is also Reported in: 16 BLC (AD) (2011) 18, VIII ADC (2011) 95, 8 LG (AD) (2011) 21.......upreme Court Appellate Division (Civil) Present: ABM Khairul Haque CJ Md. Muzammel Hossain J SK Sinha J Government of Bangladesh and others.............Petitioners (In all the cases) Vs. Kamrun Nahar and 5 anothers........................Respondents Judgment Decem...... dated 29th December, 2001,19th August, 2001, 24th December, 2001, 3rd January, 2002 issued by the said respondent to be declared as have been issued without lawful authority. Their case in short is that they had requisite qualifications and accordingly they were appointed in Rajbari Adarsha Women's......s (In all the cases) Vs. Kamrun Nahar and 5 anothers........................Respondents Judgment December 5, 2010. Case Referred To- Ms. Shivanandan Vs. Karnataka State Road Transport Corporation (1980) 1 SCC 149. Lawyers Involved: Akram Hossain Chowdhury, Deputy Attorney ..Category: Employment/Service Law | Date: | Hits: 91
Category: Property Law | Date: | Hits: 81
Shah Alam and others Vs. State, 2000, 29 CLC (HCD)
....ormant alleged that she could not recognise the dacoits, but they may be identified by her if they be seen in future. The informant further alleged that similar dacoity took place in the house of her land-lady situated near to her house in the self-same night. Accordingly, the aforesaid PS case was ...... once for information and necessary action. Ed. This Case is also Reported in: 52 DLR (2000) 566. ......95 with Criminal Appeal No. 232 of 1995. Judgment Md. Hassan Ameen J.- These two appeals, namely, Criminal Appeal No.443 of 1995 preferred by accused-appellants Shah Alam, Selim Choudhury and Ashat Ali and Criminal Appeal No.232 of 1995 preferred by accused-appellant Kazi Shahjahan are being d......han and others Vs. State, 42 DLR (AD) 186; Ustar Ali Vs. State, 18 BLD (AD) 43 = 3 BLC (AD) 53. Lawyers Involved: Md. Khurshid Alam Khan with Ahmed Ali and Md. Salahuddin Talukder, Advocates—For the Accused-Appellants. KM Saifuddin Ahmed, Deputy Attorney-General with Mahmood Hossain, Assi..Category: Criminal Law | Date: | Hits: 67
Kamruzzaman (Md.) alias Zaman Vs. State, 2000, 29 CLC (HCD)
.... making those triable exclusively by The Special Tribunal. Subsequently however, paragraph 4C was omitted by Act XVIII of 1995 once again making those triable under the general or ordinary law of the land. For a temporary period those three sections were taken out of the Penal Code and made offences...... This Case is also Reported in: 52 DLR (2000) 556. ......00 by the learned Sessions Judge, Rajshahi refusing to grant bail to appellant Md. Kamruzzaman alias Zaman. 2. Motihar PS Case No.2 dated 6-3-2000 was started against the appellant upon an Ezahar that the appellant was engaged in smuggling of antiquities and narcotics. So a contingent of Police p......and another Vs. State, 14 BLD 127; Kabil Miah and others Vs. the State 14 BLD 432 = 46 DLR 463; Khalilur Rahman Vs. State, 51 DLR 344. Lawyers Involved: Syed Md. Dastagir Hossain, Advocate — For the Appellant. Syed Abu Kowser, Assistant Attorney-General — For the State. Criminal Appe..Category: Criminal Law | Date: | Hits: 72