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State Vs. Al Hasib Bin Jamal alias Hasib and five others, 2007, 36 CLC (HCD)

.... of 29-8-2000 in Dhaka Medical College Hospital, where he was under treatment. In cross-examination, she stated that their dwelling house was within the area of the park, which covered 30/35 acres of land. The entry fee in the park was Taka 10 per head. There was a guard on the gate. On the date of ...... Almas and Anif Mahmud alias Aurango @ Anga. Send down the lower Court's records at once. Ed. This Case is also Reported in: 59 DLR (2007) 653. ......absconding accused Ali Hasib Bin Jamal @ Hasib, Almas and Anif Mahmud alias Aurango @ Anga. Send down the lower Court's records at once. Ed. This Case is also Reported in: 59 DLR (2007) 653. ..

Category: Criminal Law | Date: | Hits: 40

AKM Iftekhar Ahmed and another Vs. State, 2007, 36 CLC (HCD)

....t them, the learned Advocates not only misled the Court in issuing the Rule but also committed a pro­fessional misconduct by practicing fraud upon the Court, which is punishable under the law of the land. We are ashamed to find that a Senior Lawyer defended the petitioners who, under the facts and ......day will come when practically, there will be no legal system in Bangladesh. Ed. This Case is also Reported in: 59 DLR (2007) 646. ......de Court. If this position be continued, I am afraid a day will come when practically, there will be no legal system in Bangladesh. Ed. This Case is also Reported in: 59 DLR (2007) 646. ..

Category: Criminal Law | Date: | Hits: 97

Executive Engineer, Roads and Highways Vs. Naderuzzaman and others, 2007, 36 CLC (HCD)

....laintiff and the defendant No. 2 entered into a new agreement with the same terms and conditions on 31-8-96 and the plaintiff was given delivery of possession of the suit property and he improved the land by filling earth at cost of about Taka 15,00,000 and also built approach road and brought const...... This Case is also Reported in: 59 DLR (2007) 637; 13 MLR (HCD) (2008) 137. ......t the time of the issuance of the Rule and extended subsequently is vacated. Send down the lower court records. Ed. This Case is also Reported in: 59 DLR (2007) 637; 13 MLR (HCD) (2008) 137. ..

Category: Procedural Law | Date: | Hits: 75

Bellal Hossain (Md) & others Vs. Md. Yasin Ali Mondal and ors., 2007, 36 CLC (HCD)

....arer tenant instituted Miscellaneous Case No. 11 of 1995 under section 96 of the State Acquisition & Tenancy Act, 1950, in the Court of Assistant Judge, Naogaon, for pre­-emption of 0.56 acre of land out of 5.49 acres described in Police Station Atrai, Mouza Paharpur Bujruk, RS Khatian No. 171,...... This Case is also Reported in: 59 DLR (2007) 634. ......ed earlier by this Court stands vacated. Send down the lower Court's record at once with a copy of judgment for information. Ed. This Case is also Reported in: 59 DLR (2007) 634. ..

Category: Property Law | Date: | Hits: 23

Abdur Rashid Miah and another Vs. Md. Zami Shah Newaz and others, 2007, 36 CLC (HCD)

....ioners as plaintiffs instituted a suit being Title Suit No. 33 of 1994 in the Court of the learned Subordinate Judge, 2nd Court, Bhola for specific performance of contract in respect of 'Ka' schedule land of the plaint and also for declaration that the 4 (four) deeds of sale described in 'Kha' Sched......Judgment March 11, 2007. Result: The Rule is disposed of with modification. Cases Referred to- Tarak Chandra Maghi vs. Atahar Ali Howlader, 8 MLR (AD) 209; 8 BLC (AD) 67. Lawyers involved: Md. Shamsul Alam, Advocate — For the Petitioners. Abdul Quayum with Tapash Kumar B......h above modification that the contentious signatures or writings are to be examined with admitted signatures. Ed. This Case is also Reported in: 59 DLR (2007) 625; 13 MLR (HCD) (2008) 317. ..

Category: Property Law | Date: | Hits: 32

Angels Corporation (Pvt.) Ltd. and another Vs. Bangladesh and others, 2007, 36 CLC (HCD)

....itra's Dictionary it has been quoted as "any earning either form of interest or capital profit". Whereas in Venkata Ramayas Law Lexicon it has been said, "Income from capital investment, ownership of land, savings, interest and dividends". In support of the dictionary meaning, Mr. Haque has referred...... 2005 are discharged with­out any order as to costs.Stay granted earlier stands vacated.Ed.This Case is also Reported in: 59 DLR (2007) 601. ......sult, Rules in Writ Petition Nos. 6579 of 2004 and 6057 of 2005 are discharged with­out any order as to costs.Stay granted earlier stands vacated.Ed.This Case is also Reported in: 59 DLR (2007) 601. ..

Category: Others | Date: | Hits: 104

Integrated Services Ltd. Vs. Commissioner (Current Charges), Customs and others, 2007, 36 CLC (HCD)

....t of Bangladesh. No question of evading customs duty or other tax did arise. In this age of globalisation, execution of any document for transfer of shares to be stamped with such stamps in a foreign land is not any unusual phenomenon. Declaration or failure to declare by a passenger becomes relevan......e, detained non-adhesive share transfer stamps by 24th day of May, 2007, positively. Ed. This Case is also Reported in: 59 DLR (2007) 597.......legal effect. The respon­dents are directed to refund the, detained non-adhesive share transfer stamps by 24th day of May, 2007, positively. Ed. This Case is also Reported in: 59 DLR (2007) 597...

Category: Business or Commercial Law | Date: | Hits: 178

Mofidul Haque (Md) Vs. Bangladesh, 2006, 35 CLC (HCD)

....ently the relevant provision of Article 6 of the Paris Convention is not at all attracted and the Paris Convention cannot override the provision of the Trade Marks Act, 1940, the municipal law of the land. Lastly, he has argued that the respondent No. 2 failed to prove the user of the mark in Bangla......d Company Ltd. Vs. Messrs Western Soap Factory and others,43 DLR 304; Sunil, Kumar Das vs. Canon Kabushiki Kaisa,57 DLR 93, 10 BLC (AD) 92; Super Max International Private Ltd. Vs. Samah Razor Blades industries Ltd. and another, 4 BLC (AD) 22; Sunil Kumar Das vs. Canon Kabushiki Kaisha and another,5......, there is no merit in this appeal. The appeal must fail. The appeal is accordingly dismissed without any order as to costs. Ed. This Case is also Reported in: 59 DLR (2007) 588. ..

Category: Intellectual Property Law | Date: | Hits: 198

Jaban Ali and others Vs. Tazir Muhammad and others, 2007, 36 CLC (HCD)

....claration of title to the suit property. On transfer, the same was re-numbered as Title Suit No. 51 of 1981. 3. The plaintiffs' case, in brief, is that Dabiruddin Ahamed Chowdhury was the original landlord of the suit property, who granted pattan to Bazru Mahmud, predecessor of the plaintiffs; th......Case is also Reported in: 59 DLR (2007) 584. ......same subject-matter, if not otherwise barred by any law. Communicate the order at once with a copy of judgment for information. Ed. This Case is also Reported in: 59 DLR (2007) 584. ..

Category: Property Law | Date: | Hits: 23

Namita Rani Biswas and others Vs. Rabindra Nath Majhi and others, 2007, 36 CLC (HCD)

....h Bis­was concealed facts and obtained the Letter of Administration by practising fraud upon the Court. The respondent No. 1 claimed that the testator Hari­nath Majumder orally gifted 0.20 acres of land in plot No. 223 in favour of his father Kalicharan Majhi. After such gift the petitioner's fath......wn the lower Court records. Ed. This Case is also Reported in: 59 DLR (2007) 579. ......arned District Judge, Khulna is set aside and restored the grant of Letter of Administration. Send down the lower Court records. Ed. This Case is also Reported in: 59 DLR (2007) 579. ..

Category: Property Law | Date: | Hits: 68

Khalilur Rahman (Md) Vs. Asgar Ali, 1999, 28 CLC (HCD)

....li as plaintiff instituted a suit in the Court of the Senior Assistant Judge, Thakurgaon being Title Suit No. 20 of 1986, for declaration of title and recovery of khas possession in ‘ka’ schedule land after demolishing the structures standing thereon and for permanent injunction in respect of th...... Mohammad Nazibar Rahman, Advocate — For the Petitioner. Not represented —the Opposite Party. Civil Revision No. 3124 of 1997. Judgment Gour Gopal Saha J.- This Rule is directed against the order dated 14-7-97 passed by the learned Senior Assistant Judge, Thakurgaon in Title Suit ...... granted by this Court stands vacated. Communicate the order of the Court to the learned Senior Assistant Judge, Thakurgaon at once. Ed. This Case is also Reported in: 52 DLR (HCD) (2000) 145...

Category: Procedural Law | Date: | Hits: 76

Dr. Md. Kamrul Ahsan Talukder Vs. Nurun Nahar and others, 2009, 38 CLC (AD)

....ss Suit No.58 of 1993 dismissing the Suit. 2. The facts involved in the case, in short, are that Sharat Chandra Das, Subash Chandra Das and Satish Chandra Das were the owners of the .0606 acres of land which is the disputed land and that the said land was trans­ferred to Gopal Chandra Barman and......allowed without any order as costs. Ed. This Case is also Reported in: VII ADC (2010) 794.......ause of action is the agree­ment, oral and documentary, to transfer the particular property but the suit for partition would be a suit for partition among co-sharers on the basis their rights in the ejmali or joint properties which is altogether a different and incon­sistent cause of action for wh..

Category: Property Law | Date: | Hits: 37

Hafizuddin Ahmed Vs. M Aslam Miah & others, 2002, 31 CLC (HCD)

....l Subordinate Judge at Narayanganj passed in Title Suit No. 353 of 1992, which dismissed the suit. 2. The plaintiff instituted the suit against defendants for a decree of declaration that the suit land measuring 22.5 decimals fully described in schedule-Ka is a Waqf property and that two deeds of......essary action. Ed. This Case is also Reported in: 55 DLR (2003) 95.......ce. Let a copy of this judgment and order be sent to opposite party No. 5, the Administrator of Waqfs for his perusal and necessary action. Ed. This Case is also Reported in: 55 DLR (2003) 95...

Category: Trust/Waqf Law | Date: | Hits: 228

Tuta Pramanik (Md) Vs. State, 2007, 36 CLC (HCD)

....ce he disclosed that he has a betel nut shop at Narchi Bazar and police took his thumb impression on a blank paper and he further disclosed that appellant had enmity with his rich neighbour regarding land dispute. 13. PW 4 Yasin Ali Mondal was declared hos­tile when he stated in his chief th......d in connection with any other case. Send down the lower Court records expedi­tiously. Ed. This Case is also Reported in: 59 DLR (2007) 492.......is 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: 59 DLR (2007) 492...

Category: Criminal Law | Date: | Hits: 42

Superintendent Engineer, PWD & another Vs. A Mahiuddin and others, 2007, 36 CLC (HCD)

....ant as plaintiff filed a suit being Title Suit No. 21 of 2000 in the court of the Sub­ordinate Judge, First Court, Sylhet for declaration that the plaintiff has interest and possession in the suit land being lease holder with a prayer for permanent injunction against the defendants. 3. The cas......Ed. This Case is also Reported in: 59 DLR (2007) 476. ......e and the judgment and decree dated 4-3-2002 passed by the learned Joint District Judge, is hereby affirmed. Send down the LCR at once. Ed. This Case is also Reported in: 59 DLR (2007) 476. ..

Category: Property Law | Date: | Hits: 28

Jinnat Ali (Md) Vs. Md. Abu Bakkar Siddique and others, 2002, 31 CLC (HCD)

....n 96 of the State Acquisition and Tenancy Act as an unnotified co-­sharer by inheritance and as a purchaser in the case holding. His further case is, that the opposite party No. 2 sold away the case land by two registered kabalas dated 11‑5‑1992 in favour of the opposite party No.1 who is a str......t to the Court concerned. Ed. This Case is also Reported in: 55 DLR (2003) 92. ......‘1995 in Miscellaneous Appeal No. 88 of 1995 are hereby affirmed. Send down the LCR with a copy of this judgment to the Court concerned. Ed. This Case is also Reported in: 55 DLR (2003) 92. ..

Category: Property Law | Date: | Hits: 37

Hamida Real Estate Construction Ltd. and another Vs. Malika Hasina Jahan (Lili) and others, 2007, 36 CLC (HCD)

....ant-opposite party No. 1, Malika Hasina Jahan (Lili), and the two brothers of Shahjahan namely Altaf Hossain and Fazle Hossain and sister Latifun Nessa but they relinquished their claim over the suit land in favour of the defendant-opposite party No. 1, Malika Hasina Jahan (Lili), in exchange of oth......onal Jurisdiction) Present: Siddiqur Rahman Miah J Md. Rezaul Haque J Hamida Real Estate Construction Ltd. and another ………….Petitioners Vs. Malika Hasina Jahan (Lili) and others……………………………..Opposite Parties Judgment ...... 21 of 2006 is set aside and the opposite party No. 1 is at liberty to file revisional application in the relevant court if so desires. Ed. This Case is also Reported in: 59 DLR (2007) 470. ..

Category: Property Law | Date: | Hits: 34

Salina Begum Vs. Mojibur Rahman and others, 2006, 35 CLC (HCD)

....ntiff-appellant-petitioner as plaintiff instituted the suit for Partition being numbered as Title Suit No. 46 of 1996 before the Senior Assistant Judge, Monohardi, Narsingdi for partition of the suit land at Mouza Nischantapur, District-Narsingdi. The suit land originally belonged to Bhabani Kishore......ase is also Reported in: 59 DLR (2007) 420; 13 MLR (HCD) (2008) 58. ......charged without any order as to the costs. Lower Court's record be sent down at once with a copy of the judgment Ed. This Case is also Reported in: 59 DLR (2007) 420; 13 MLR (HCD) (2008) 58. ..

Category: Property Law | Date: | Hits: 40

Barrister Md. Rafiqul Islam Mia Vs. Government of Bangladesh and others, 2006, 35 CLC (HCD)

....rmer Assistant Director Estate, Rajuk, Dhaka stating, inter alia, that the above named accused persons in collaboration with each other misused their power and allotted 9 kathas and 24 square feet of land in exchange of 3 kathas of land in Uttara Model Town for financial benefit of Taka 47 lac. Ther......t lawful authority and is of no legal effect. There will be no order as to costs. Ed. This Case is also Reported in: 59 DLR (2007) 407. ...... contained in Annexure-C is declared illegal and without lawful authority and is of no legal effect. There will be no order as to costs. Ed. This Case is also Reported in: 59 DLR (2007) 407. ..

Category: Anti-Corruption Laws | Date: | Hits: 140

Ratan Sarder and others Vs. Bishai Bepari and others, 2009, 38 CLC (AD)

....of respondent Nos.1 and 59-61 instituted the above Title Suit No.207 of 1981, which was subsequently renumbered as Title Suit No.391 of 1984, praying for a decree for partition in respect of the suit land described at the schedule 'Ka' to the plaint stating, inter-alia, that Nazimuddin Sarder was th......ed without any order as to costs. Ed. This Case is also Reported in: VII ADC (2010) 788. ......ing possessed by the succes­sive heirs of Nazimuddin Sarder and other recorded tenants and those heirs have been made defendants in the pres­ent suit; that the plaintiff having felt dif­ficulty in ejmali possession, asked the defendants for partition of his share but the defendant No.1 refused to..

Category: Property Law | Date: | Hits: 28