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Nur Mohammad Vs. Serajul Islam and others, 2012, 41 CLC (HCD)
....the case, are that the defendant-opposite parties as plaintiffs instituted Title Suit No.134 of 1992 in the Court of Assistant Judge, Faridganj, Chandpur for declaration of title and recovery of khas possession contending, inter alia, that one Ananda Charan Kuri was the owner of "Ka" schedule proper......ganj, Chandpur for declaration of title and recovery of khas possession contending, inter alia, that one Ananda Charan Kuri was the owner of "Ka" schedule property measuring an area of 44 decimals of land. He proposed to sell the same to the plaintiff at a consideration of Taka 1,200 and on receivin......Civil Revisional Jurisdiction) Present: SM Emdadul Hoque J Nur Mohammad……………………Defendant-Appellant-Petitioners Vs. Serajul Islam and others………………………Plaintiff-Respondents Judgment February 9, 2012. Result: The Rule is discharged. The Tra....... The order of stay granted earlier by this Court is hereby recalled and vacated. Send down the Lower Court's Records at once. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 491. ..Category: Property Law | Date: | Hits: 134
....the name of the government during the last revisional survey has got no basis since the suit land was already correctly recorded in the name of the predecessor of the plaintiffs and they have been in possession of the suit land. Even if the plaintiffs failed to prove their title, which is in fact wr......
February 26, 2007.
Result:
The Rule is made absolute in part.
The record of rights prepared in the name of the government during the last revisional survey has got no basis since the suit land was already correctly recorded in the name of the predecessor of the plaintiffs and they have b......…Petitioner
Vs.
Government of the People's Republic of Bangladesh, and others..…………………Opposite parties
Judgment
February 26, 2007.
Result:
The Rule is made absolute in part.
The record of rights prepared in the name of the government during the last revisional s......led to prove title in the suit land but the defendants equally failed to prove by any document the suit land vested in the government and the suit land was situated within the periphery of the Hat in question. It also confirmed the finding of the trial Court that the plaintiffs were in possession of..
Category: Property Law | Date: | Hits: 100
Anwar Hossain (Md.) and others Vs. State and others, 2003, 32 CLC (HCD)
....strict Magistrates, Dhaka, Chittagong and Khulna, by postal guaranteed service for their Guidance and to act in accordance with law. Ed. This Case is also Reported in: 55 DLR (HCD) (2003) 643. ...... 26. The expression "due process of law" has long been used in America. This term has been given a wider and more comprehensive meaning, which has been held to be synonymous with the term "law of the land." In Murry's Lessee Vs. Hoboken Land Co. 18 How 272, 276, it has been observed that this expres......na, by postal guaranteed service for their Guidance and to act in accordance with law. Ed. This Case is also Reported in: 55 DLR (HCD) (2003) 643. ...... the representation, if any, for consideration. The High Court Division also considers the grounds while discharging its constitutional as well as statutory obligation for examination of the material question how the mind of the detaining authority worked in making orders of detention……………..Category: Criminal Law | Date: | Hits: 114
Muhibur Rahman Manik and others Vs. Bangladesh and others, 2003, 32 CLC (HCD)
....ion of law. In the result, the Rules are discharged without any order as to cost. The orders of stay granted earlier are vacated. Ed. This Case is also Reported in: 55 DLR (HCD) (2003) 636. ......ion of law. In the result, the Rules are discharged without any order as to cost. The orders of stay granted earlier are vacated. Ed. This Case is also Reported in: 55 DLR (HCD) (2003) 636. ...... without any order as to cost. The orders of stay granted earlier are vacated. Ed. This Case is also Reported in: 55 DLR (HCD) (2003) 636. ...... relates to the offences as mentioned in the section and pending for trial in the Courts as mentioned in the section may be transferred by the Government to a Tribunal. 15. Now, the most pertinent question is whether such transfer amounts to denial of the protection given to the citizens under Ar..Category: Criminal Law | Date: | Hits: 177
Md. Momtaz Uddin Vs. Sreemoti Bimala Rani Roy @ Bigini Roy and others, 2008, 37 CLC (HCD)
....dated 27.4.2002 by appellate Court in T.A. 154/97 be recalled. L.C records along with copy of the judgment be sent down accordingly. Ed. This Case is also Reported in: 18 BLT (HCD) (2010) 1. ...... ready was fixed for hearing. 4. Learned Advocate for the petitioner refers to Ext.1 and Ext.2 C.S. khatian no.48 and S.A khatian No.15 and also refers to Ext.ka C.S Khatian 48 and shows that suit lands in dag No.564 and 565 stood recorded in name of Birbol Chatri. He then refers to Ext. cha C.S ...... judgment be sent down accordingly. Ed. This Case is also Reported in: 18 BLT (HCD) (2010) 1. ......dated 27.4.2002 by appellate Court in T.A. 154/97 be recalled. L.C records along with copy of the judgment be sent down accordingly. Ed. This Case is also Reported in: 18 BLT (HCD) (2010) 1. ..Category: Procedural Law | Date: | Hits: 118
Md. Atiqur Rahman @ Milon and others Vs. State, 2009, 38 CLC (HCD)
....tisfy the above mentioned conditions and if the Court is satisfied; that he has prima facie case and he has prima facie ownership of the seized goods and the articles were seized from his control and possession and if it is found that the seized goods are perishable and its value would be diminished...... secondly, to prevent abuse of the process of, the Court, and thirdly, to secure the ends of justice. 14. It is to be remembered that the Courts exist not only for securing obedience of the law of land but also for securing the ends of justice in its widest sense. Inherent power of the High Court......roduce the same to the Court on and when directed by the Court. Communicate at once. Ed. This Case is also Reported in: 18 BLT (HCD) (2010) 409. ......or the state on the other hand submits that he has no objection if the factory rolls along with machineries are returned to the accused petitioner on furnishing proper bank guarantee. 12. Now only question that survives for consideration in this Rule whether the inherent power under section 561A ..Category: Procedural Law | Date: | Hits: 142
Md. Abdul Mazid Miah Vs. Sree Shuvendu Sekhor, 2010,39 CLC (HCD)
.... case No.19 of 1993 within two months from the date of receipt of this order. Office is directed to communicate the order at once. Ed. This Case is also Reported in: 18 BLT (HCD) (2010) 413. ......n occasioning failure of justice. 2. Material facts are that the opposite party as pre-emptor filed pre-emption Misc. case No.19 of 1993 in the Court of Assistant Judge for pre-emption of the case land under Section 96 of the State Acquisition and Tenancy Act, 1951. The case is pending for argume......€¦â€¦â€¦â€¦â€¦Opposite party Judgment March 2, 2010. Result: The leave is discharged. The State Acquisition and Tenancy Act, 1950 (XXVIII of 1951); section 96 The pre-emption proceedings is pending. The pre-emptor sought to prove some documents which are necessary for the purpose d......on and Tenancy Act, 1950 (XXVIII of 1951); section 96 The pre-emption proceedings is pending. The pre-emptor sought to prove some documents which are necessary for the purpose determining the real question of controversy between the parties. It is absolutely the option of pre-emptor which documen..Category: Procedural Law | Date: | Hits: 163
Foyez Ahmed and others Vs. Uttara Bank and others, 2002, 31 CLC (HCD)
....ot 251 of Narayanganj Municipal Holding No.107 was attached on 29-7-89. Thereafter, the petitioner filed an application under Order XXI rule 58 of the Code of Civil Procedure claiming their title and possession in land under attachment and prayer for release of the same from attachment. The learned ......site-party Nos.2‑4 for realisation of an amount of Taka 3,69,287.99 and got ex parte decree. Thereafter, the said decree was put in execution in Money Execution Case No.10 of 1988. Accordingly, the land measuring an area of 4.17 acres of Khatian No.67 and plot 251 of Narayanganj Municipal Holding .......................................Opposite Parties Judgment March 18, 2002. Result: The Rule is made absolute. The Code of Civil Procedure, 1908 (V of 1908); Order XXI rules 58-61 If in execution of a decree, any property is attached any person interested may raise objection that su...... Court is directed to dispose of the application under Order XXI rule 58 in accordance with law on merit. Communicate this order. Ed. This Case is also Reported in: 55 DLR (HCD) (2003) 635. ..Category: Procedural Law | Date: | Hits: 128
Islami Bank and others Vs. Dewan Md. Yusuf, 2002, 31 CLC (HCD)
....udgment and the decree passed by the learned Court below. In view of above the appeal is dismissed without any order as to cost. Ed. This Case is also Reported in: 55 DLR (HCD) (2003) 624. ......ility, an allegation of criminal nature in a civil case is to be proved with a higher degree of probability………………………(27) Bouncing a cheque with an endorsement may make a customer land on far-reaching eventualities, like facing prosecution under section 138 of the Negotiable Inst......o cost. Ed. This Case is also Reported in: 55 DLR (HCD) (2003) 624. ......…………………..(26) The burden of proving alleged fraud and deceit falls squarely and vertically on the bank, because of the rule "Probandi necessitas incumbit illi qui agit". Although all questions in a civil case are to be determined on preponderance of probability, an allegation of cri..Category: Criminal Law | Date: | Hits: 130
Moktar Ahmed Vs. Haji Farid Alam & another, 1989, 18 CLC (HCD)
....l No.48 of 1986 and direct the learned Sessions Judge to hear the appeal on merit in accordance with law. The Rule is made absolute. Ed. This Case is also Reported in:42 DLR (HD) (1990) 162. ......l No.48 of 1986 and direct the learned Sessions Judge to hear the appeal on merit in accordance with law. The Rule is made absolute. Ed. This Case is also Reported in:42 DLR (HD) (1990) 162. ......al on merit in accordance with law. The Rule is made absolute. Ed. This Case is also Reported in:42 DLR (HD) (1990) 162. ......n of sub-section (1) of section 339B Cr.P.C. but also violative of the principle of natural justiceas has been held in the case of Md. Sabuj Miah. Mr. Bakar further submitted that where a substantial question of law is involved in a case the Court should condone the delay. In support of his contenÂ..Category: Criminal Law | Date: | Hits: 110
Md. Sayem Islam Vs. State, 2006, 35 CLC (HCD)
....nd bombs in presence of witnesses and prepared seizure list. The informant produced the accused along with seized alamats to Mirpur Police Station and lodged the First Information Report. For illegal possession of dagger separate case was instituted against the accused appellant. 3. Police after ......ail bond. Send down the lower Court's records at once with a copy of the judgment for information and for taking necessary action. Ed. This Case is also Reported in: 13 MLR (HCD) (2008) 155. ......ds at once with a copy of the judgment for information and for taking necessary action. Ed. This Case is also Reported in: 13 MLR (HCD) (2008) 155. ......ail bond. Send down the lower Court's records at once with a copy of the judgment for information and for taking necessary action. Ed. This Case is also Reported in: 13 MLR (HCD) (2008) 155. ..Category: Criminal Law | Date: | Hits: 103
Abdus Satter and others Vs. Abdun Noor and others, 1997, 26 CLC (HCD)
.... a chance to amend their application under section 96 of the State Acquisition and Tenancy Act by adding left‑out necessary parties. Ed. This case is also Reported in:49 DLR (HCD) (1997) 414. ...... fact leading to the issuance of the Rule is that, the pre‑emptor opposite parties filed the aforesaid pre‑emption case in the Court of the Munsif, Sadar, Sylhet seeking pre‑emption of the suit land measuring 0.05 decimal against the pre‑emptee opposite parties claiming themselves as the coâ...... left‑out necessary parties. Ed. This case is also Reported in:49 DLR (HCD) (1997) 414. ......, Advocate ‑ For the Opposite Parties Nos.1‑3. Civil Revision No.660 of 1993. Judgment Md. Joynul Abedin J.- This Rule at the instance of the purchaser-Âpre‑emptee petitioner calls in question the Judgment and order dated 28‑11‑92 passed by the Additional District Judge, First Co..Category: Property Law | Date: | Hits: 155
....ht of the observations made above. There will be no order as to costs. The order of stay granted earlier by this Court stands vacated.
Ed.
This case is also Reported in:49 DLR (HCD) (1997) 564.
......ht of the observations made above. There will be no order as to costs. The order of stay granted earlier by this Court stands vacated.
Ed.
This case is also Reported in:49 DLR (HCD) (1997) 564.
......ier by this Court stands vacated.
Ed.
This case is also Reported in:49 DLR (HCD) (1997) 564.
...... of the Code of Civil Procedure without passing even formal order thereon in terms of the provision of Order 14 rule 2 of the Code of Civil Procedure. He, however, does not have much grievance on the question of the rejection of petitioner's prayer for rejection of the plaint under Order 7 rule 11 o..
Category: Procedural Law | Date: | Hits: 152
State Vs. Zakaria Kabiraj, 2012, 41 CLC (HCD)
....dgment and order be communicated to the concerned Tribunal at once for necessary action along with the records of the Tribunal below. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 523. ......through his friend Helal. Zakaria is a Kabiraj who used to give treatment to the people to solve their various types of problems. Tipu gave more than Taka 2,00,000 to accused Zakaria for purÂchasing land at Kapasia. 4. On 14-8-2004 Tipu had gone to accused Zakaria at Kapasia with Taka 2,00,000 f......ned Tribunal at once for necessary action along with the records of the Tribunal below. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 523. ......efence he denied the defence suggestion that the cloths do not belong to deceased Tipu. 33. P.W.20 Md. Aftabuddin stated that he is a farmer and also attached with "Tableague", the guava garden in question near the house of Nurul Islam was owned and held by him, after the Fazar prayer on the date..Category: Criminal Law | Date: | Hits: 147
Idris Miah (Md.) Vs. State, 1998, 27 CLC (HCD)
....ellants under section 476 of the Code. Send down the LCR at once and also send a copy to the Judge concerned for her future guidance. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 629. ......ellants under section 476 of the Code. Send down the LCR at once and also send a copy to the Judge concerned for her future guidance. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 629. ......wn the LCR at once and also send a copy to the Judge concerned for her future guidance. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 629. ......It may be mentioned here that in this appeal it can not be decided whether the Tribunal was justified in holding that the P.Ws. 1 and 2 committed any offence under section 193 of the Penal Code. That question can be decided by the Magistrate to whom complaint may be filed after inquiry under section..Category: Criminal Law | Date: | Hits: 72
....ry of the same Ministry.
2. Petitioner's Title Suit No.21 of 1989 for permanent injunction was filed against the said Ministry, later on a prayer was made for mandatory injunction to restore possession of the disputed house to the plaintiff on the allegation that after filing of the suit th......t's order.
For the reasons stated above, the present application is rejected summarily as there is no substance in it.
Ed.
This Case is also Reported in: 50 DLR (HCD) (1998) 628.
......
(Civil)
Present:
AM Mahmudur Rahman J
Abu Sayeed Ahammed J
Rafiqul Alam……………………..Petitioner
Vs.
Secretary, Ministry of Works, Government of the People's Republic of Bangladesh and others ……&......t's order.
For the reasons stated above, the present application is rejected summarily as there is no substance in it.
Ed.
This Case is also Reported in: 50 DLR (HCD) (1998) 628.
..
Category: Civil Law, Contempt of Court Law | Date: | Hits: 99
Syeda Helali Begum and others Vs. Shanty Mary Cruez and others, 2008, 37 CLC (HCD)
....bstituted Defendants Nos. 5(ka)-5(ga) and, also, to substituted Defendants Nos. 7(ka)-7(kha). Decree Execution Case no.2 of 2005 had been laid by Decree Holder Plaintiffs-Opposite parties for getting possession of partitioned land. Plaintiffs-Opposite parties got possession of decretal property on 2......5(ka)-5(ga) and, also, to substituted Defendants Nos. 7(ka)-7(kha). Decree Execution Case no.2 of 2005 had been laid by Decree Holder Plaintiffs-Opposite parties for getting possession of partitioned land. Plaintiffs-Opposite parties got possession of decretal property on 24.5.2005 and Defendant Nos...... (Civil) Present: AK Badrul Huq J Syeda Helali Begum and others...............................Defendants/Petitioners Vs. Shanty Mary Cruez and others...............................Plaintiffs/Opposite Parties Judgment May 3, 2008. Result: The Rule is discharged. Cases ...... Whether adjudication rendered by Courts below warrants any interference by this Court in exercise of Revisional Jurisdiction envisaged in section 115 of The Code. 2. In broaching and riposting to questions posed, factual matrix, evidences adduced from both sides, materials on record and fact and..Category: Procedural Law | Date: | Hits: 120
Md. Aftab Uddin Vs. Government of the People's Republic of Bangladesh and others, 2008, 37 CLC (HCD)
....na, Dhaka. Let a copy of this judgment and order be placed before the learned Chief Justice for his perusal and necessary action. Ed. This Case is also Reported in: 13 MLR (HCD) (2008) 105. ......na, Dhaka. Let a copy of this judgment and order be placed before the learned Chief Justice for his perusal and necessary action. Ed. This Case is also Reported in: 13 MLR (HCD) (2008) 105. ......is perusal and necessary action. Ed. This Case is also Reported in: 13 MLR (HCD) (2008) 105. ......e inclined to examine the legality as to the holding of the post of Secretary-in-Charge by the Respondent No.5. It has also now been settled that in a petition of writ of quo warranto any citizen may question or challenge the holding of any public office by any person unauthorisedly and or in an unl..Category: Constitutional Law | Date: | Hits: 361
BRAC Printers Vs. Chairman; First Labour Court and another, 2007, 36 CLC (HCD)
....scharged without any order as to costs. The order of stay passed at the time of issuance of the Rule is hereby recalled and vacated. Ed. This Case is also Reported in: 13 MLR (HCD) (2008) 427. ......scharged without any order as to costs. The order of stay passed at the time of issuance of the Rule is hereby recalled and vacated. Ed. This Case is also Reported in: 13 MLR (HCD) (2008) 427. ......tay passed at the time of issuance of the Rule is hereby recalled and vacated. Ed. This Case is also Reported in: 13 MLR (HCD) (2008) 427. ...... 2005. Judgment Syed Mahmud Hossain J.- Writ Petition Nos. 7785, 8121, 8122, 8123 and 8124 of 2005 were heard analogously and being disposed of by this common judgment as they do involve common question of law and facts. 2. In all the above Writ Petitions, Rule Nisi was issued in identical ..Category: Labour and Industrial Law | Date: | Hits: 138
Md. Abdur Rouf Vs. Bangladesh Agricultural Development Corporation and others, 2005, 34 CLC (HCD)
....directed to follow the judgment of the Appellate Division referred to above if similar dispute arises. There is no order to costs. Ed. This Case is also Reported in: 13 MLR (HCD) (2008) 44. ......directed to follow the judgment of the Appellate Division referred to above if similar dispute arises. There is no order to costs. Ed. This Case is also Reported in: 13 MLR (HCD) (2008) 44. ......ion referred to above if similar dispute arises. There is no order to costs. Ed. This Case is also Reported in: 13 MLR (HCD) (2008) 44. ......st. The petitioner lost his seniority in 1990 by operation of promotion procedure as amended by the board of Directors of BADC. As such after about 13 years the petitioner is stopped from raising the question of his lost seniority. 4. Mr. Md. Sultan Mahmud, learned Advocate appearing for the peti..Category: Employment/Service Law | Date: | Hits: 144
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