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Abdul Awal and others Vs. Ratan Bibi and others, 2007, 36 CLC(HCD)
....died leaving two sons plaintiff Nos.1 and 2, and one daughter, defendant No.7; that other defendants are purchasers and that the suit land being ejmali, plaintiff, having felt inconvenience in ejmali possession, requested the defendants to make amicable partition but they did not pay heed to it. Hen......ocedure for consideration at the time of hearing. 2. The petitioners as plaintiffs instituted Title Suit No.31 of 1994 in the first Court of Joint District Judge, Comilla for partition of the suit land. 3. The case of the plaintiffs, in short is that the suit land originally belonged to one AH...... Advocate - For the opposite parties. Civil Revision No. 1000 of 2003. Judgment Siddiqur Rahman Miah J.- The revisional application under section 115(1) of the Code of Civil procedure at the instance of the plaintiffs is directed against the judgment and order dated 22.07.2002 and another o...... by filing a petition stating that those persons are not necessary parties and plaintiffs filed the petition for amendment of plaint only to delay the disposal of the suit and they will not plead the question of defect of party. 8. The learned Joint District Judge was pleased to reject the same b..Category: Property Law | Date: | Hits: 85
Shamsul Haque Vs. Court of Settlement and others, 1996, 25 CLC (HCD)
.... owner however appeared in this Writ Petition also and filed affidavit‑in‑opposition and contended that the property has been illegally enlisted as abandoned property and she and her sons were in possession and never left Bangladesh nor acquired citizenship of any other country and she sold the ...... case were quite different and do not apply in this case. In this case the vendor of the petitioner never left Bangladesh rather she is admittedly a citizen of Bangladesh and admittedly sold the case land to the petitioner and she deposed before the Court of Settlement in person and also appeared in......rom the receipt of the copy of the Judgment. There will be no order as to costs. Ed. This case is also Reported in:49 DLR (HCD) (1997) 469. ......the case holding with House Building Finance Corporation on 11‑2‑69, took loan and constructed building on the holding. She entered into an agreement with the petitioner to sell the properties in question and on her failure to grant sale deed the petitioner instituted Title Suit No.3 of 1979, su..Category: Property Law | Date: | Hits: 107
....t wherever it is necessary within 60 days from the date of receipt of the copy of this Judgment.
There will be no order as to cost.
Ed.
This case is also Reported in:49 DLR (HCD) (1997) 467.
......alahuddin (now deceased) acquired 99 years lease‑hold interest in respect of the commercial property situated at 156 and 157, Motijheel Commercil Area, P.S. Motijheel, Dhaka comprising 18 kathas of land by virtue of standard agreement for lease which was entered into in between the Government of e......e of receipt of the copy of this Judgment.
There will be no order as to cost.
Ed.
This case is also Reported in:49 DLR (HCD) (1997) 467.
......t wherever it is necessary within 60 days from the date of receipt of the copy of this Judgment.
There will be no order as to cost.
Ed.
This case is also Reported in:49 DLR (HCD) (1997) 467.
..
Category: Property Law | Date: | Hits: 119
Khadem Ali Akand (Md.) Vs. State, 1996, 25 CLC (HCD)
....y the handwriting expert and then to dispose of the case in accordance with law. Communicate this order to the Court below at once. Ed. This case is also Reported in:49 DLR (HCD) (1997) 441. ......y the handwriting expert and then to dispose of the case in accordance with law. Communicate this order to the Court below at once. Ed. This case is also Reported in:49 DLR (HCD) (1997) 441. ......f the case in accordance with law. Communicate this order to the Court below at once. Ed. This case is also Reported in:49 DLR (HCD) (1997) 441. ......hout depositing the same he misappropriated the said amount. In these circumstances the learned Advocate for the appellant submits that the signatures of the accused on the back side of the cheque in question were not examined and compared by any hand-writing expert with his specimen admitted signat..Category: Criminal Law | Date: | Hits: 88
Mostafa Vs. State, 2012, 41 CLC (HCD)
.... made pipe gun was recovered but no witness has supported the prosecution story. The learned Advocate has further contended that the prosecution has miserably failed to prove the absolute control and possession of the petitioner over the alleged arms, thus, it is a case of no evidence, accordingly, ...... with in any other case. Send down the Lower Court records along with the copy of the Judgment. Communicate the order at once. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 544. ......r Court records along with the copy of the Judgment. Communicate the order at once. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 544. ...... with in any other case. Send down the Lower Court records along with the copy of the Judgment. Communicate the order at once. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 544. ..Category: Criminal Law | Date: | Hits: 59
Shafiqul Islam (Md.) Vs. State, 1998, 27 CLC (HCD)
....k be set at liberty if not wanted in connection with any other case. Let the affidavit filed by Noor Ali Sk. be kept with the record. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 581. ......k be set at liberty if not wanted in connection with any other case. Let the affidavit filed by Noor Ali Sk. be kept with the record. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 581. ......n with any other case. Let the affidavit filed by Noor Ali Sk. be kept with the record. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 581. ......rence) and found her above eighteen years of age and found no sign of rape. He was declared hostile by the prosecution and cross‑examined by the prosecution as well as the defence. In answer to the question put by the prosecution he stated that as per medical jurisprudence accurate age cannot be s..Category: Criminal Law | Date: | Hits: 89
Md. Abdul Majid and others Vs. Arjat Ali Dewan and others, 2009, 38 CLC (HCD)
....rÂdance with law. Office is directed to communicate the order at once with a copy of Judgment for information and necessary action. Ed. This Case is also Reported in: 7 LG (HCD) (2010) 297. ......ioners as plaintiffs instituted Title Suit No.12 of 1971 in the Court of Subordinate Judge, Dhaka, impleading the opposite parÂties as defendants for declaration of title in respect of 3.60 acres of land described in the schedule of the plaint. 3. The defendants contested the suit by filing writ......¦â€¦â€¦â€¦Opposite Parties Judgment January 28, 2009. Result: The Rule is made absolute. The Code of Civil Procedure, 1908 (V of 1908); Order VI, Rule 17 One of the fundamenÂtal principles governing the amendment of the pleadings is that all the controversies between the parties ......aker Nazrul Islam, Advocate - For the opposite party Nos.1-8, 11-14, 16, 17, 29-31, 34-37, 60-67. Civil Revision No. 3550 of 2004. Judgment Syed Md. Ziaul Karim J.- This Rule, calls in question the legality and propriety of the order dated 24-06-2004 passed by the learned District Jud..Category: Procedural Law | Date: | Hits: 114
Nesaruddin Mallick and others Vs. State, 2005, 34 CLC (HCD)
....ower Court's records at once with a copy of the Judgment for information and taking necessary action. AKM Fazlur Rahman J.- I agree. Ed. This Case is also Reported in: 7 LG (HCD) (2010) 289. ......ruddin Mallick, Jahangir Mallick, Mosharaf Bepari, Selina Khatun, Kana Musa @ Moslem and Kalu Sheikh being armed with leza, Sarki, dao etc. forming an unlawful assembly forcibly entered into the char land situated at the eastern side of Tobna River appertaining to plot No.513/560 of Mouza Kaibartakh......e Judgment for information and taking necessary action. AKM Fazlur Rahman J.- I agree. Ed. This Case is also Reported in: 7 LG (HCD) (2010) 289. ......ower Court's records at once with a copy of the Judgment for information and taking necessary action. AKM Fazlur Rahman J.- I agree. Ed. This Case is also Reported in: 7 LG (HCD) (2010) 289. ..Category: Criminal Law | Date: | Hits: 78
....ned District Judge, Dhaka is vacated.
Communicate this Judgment at once.
M. Moazzam Husain J.- I agree.
Ed.
This Case is also Reported in: 7 LG (HCD) (2010) 284; 18 BLT (HCD) (2010) 261.
......ned District Judge, Dhaka is vacated.
Communicate this Judgment at once.
M. Moazzam Husain J.- I agree.
Ed.
This Case is also Reported in: 7 LG (HCD) (2010) 284; 18 BLT (HCD) (2010) 261.
.......
M. Moazzam Husain J.- I agree.
Ed.
This Case is also Reported in: 7 LG (HCD) (2010) 284; 18 BLT (HCD) (2010) 261.
...... the petitioner.
Tufailur Rahman with Ms. Umme Salma, Advocates - For the opposite party No.2.
Civil Revision No.120 of 2009.
Judgment
Sheikh Abdul Awal J.- This Rule calls in question an order No.17 dated 27.08.2008 passed by the Court of District Judge, Dhaka in Money Execu..
Category: Civil Law | Date: | Hits: 178
Manik K Bhattacherjee Vs. Artha Rin Adalat and other, 2010, 39 CLC (HCD)
....t any order as to cost. The order of stay stands vacated. Communicate the Judgment of the Artha Rin Adalat No.3, Dhaka at once. Ed. This Case is also Reported in: 16 BLC (HCD) (2011) 195. ......t any order as to cost. The order of stay stands vacated. Communicate the Judgment of the Artha Rin Adalat No.3, Dhaka at once. Ed. This Case is also Reported in: 16 BLC (HCD) (2011) 195. ......cated. Communicate the Judgment of the Artha Rin Adalat No.3, Dhaka at once. Ed. This Case is also Reported in: 16 BLC (HCD) (2011) 195. ......nul Islam, Advocate - For the Respondent No.2. Writ Petition No. 4443 of 2008. Judgment Zinat Ara J.- In this application under Article 102 of the Constitution the petitioner called in question the legality of the Order No.6 dated 11-5-2008 passed by the learned Judge of the Artha Rin..Category: Civil Law | Date: | Hits: 154
Firoz (Md.) Vs. State, 2011, 40 CLC (HCD)
....nformant. Having got the police at the spot they handed over the accused with the revolver with five round bullets. Police being satisfied that the accused did not have valid papers in support of the possession of the arms and ammunitions seized the same on the spot by a seizure list duly signed by ......liberty at once if not wanted in any other connection. Send down the L/C records along with a copy of this judgment expeditiously. Ed. This Case is also Reported in: 16 BLC (HCD) (2011) 189. ......nection. Send down the L/C records along with a copy of this judgment expeditiously. Ed. This Case is also Reported in: 16 BLC (HCD) (2011) 189. ...... point was a poor family of a person wanted in a number of cases and had long been in prison. Moreover, hemaintains two wives. The economic condition of the family is fairly understandable. Pertinent question immediately crosses a reasonable mind what prompted an otherwise sane man to insist for mon..Category: Criminal Law | Date: | Hits: 84
Tajul Islam and others Vs. Chini Miah and others, 2007, 36 CLC (HCD)
....ot no.339 of Cadastral Survey Khatian No.106 in favour of Abdul Mazid and Abdul Hakim, predecessors of Defendants by way of sale deed dated 24.7.1956. Purchasers Abdul Mazid and Abdul Hakim went into possession of their purchased property. On the death of Abdul Hakim and Abdul Mazid their heirs Defe......y way of three sale deeds in favour of Plaintiffs-Petitioners side and property conveyed in the deed of conveyance in favour of Defendants-Opposite parties admittedly is .34 acres which is the entire land of plot No.339 and Vendor of the deeds is Shashi Mohan Mondal. 18. To workout the legal cont......ediately. Ed. This Case is also Reported in: 13 MLR (HCD) (2008) 1. ......f schedule in the deed dated 24.7.1956 and Plaintiffs cannot deserve any benefit from the mistake, as because Plaintiffs are to prove their case. VI. Correction episode of the deed is subjected to question in view of non-establishment of ownership of Shashi Mohan on plot No.398 of Cadastral Surve..Category: Procedural Law | Date: | Hits: 155
State Vs. Rois Khan and another, 2009, 38 CLC (HCD)
....ap conÂtained minimum 200 gms. of heroin, in total, in 118 packets, 23,600 grams of heroin and another paper packet about 500 grams of loose heroin, in total 24,100 grams of heroin.They also took in possession 3 international passports of 3 of the accuseds named aforeÂsaid and also air tickets, Ka......our Judgment. Send down the lower Court records at once. Communicate this order at once. Md. Emdadul Haque Azad J.- I agree. Ed. This Case is also Reported in: 7 LG (HCD) (2010) 274. ...... at once. Md. Emdadul Haque Azad J.- I agree. Ed. This Case is also Reported in: 7 LG (HCD) (2010) 274. ......roin, about 25 kg., were recovered from room No.906. The aforeÂsaid witnesses also proved that while heroin were recovered, condemned prisoners Alefzan and Rois Khan were inside the room. 38. The question is whether their presÂence inside the room can be said to be the heroines were recovered f..Category: Criminal Law | Date: | Hits: 112
Esahaq Ali Mallik and another Vs. Mobarak Sheikh and others, 2009, 38 CLC (HCD)
....he suit land from the daughters of Asiruddin Mallik vide two registered kabala deeds dated 13-1-87 and 1-4-87 and became for owner and possessor the same, that the defendants have no right, title and possession in the suit land but the SA record was published mistakenly in the name of some defendant......facts, of the case, briefly, are that the petitioners as plaintiffs filed Title Suit No.14 of 1998 in the Court of Assistant Judge, Kachua, Bagerhat praying for declaration of their title in the suit land and perpetual injunction upon the defendants not to disposÂsess the plaintiffs thereto on the ......ed in: 16 BLC (HCD) (2011) 144. ......202. 12. I have gone through the contentions of the revisional application, counter-affidavit and considered the submissions made by the learned Advocates for the respective parties. Now, the real question for consideration in this case, whether the judgments of two Courts below are based on corr..Category: Property Law | Date: | Hits: 100
Islami Bank Bangladesh Ltd. & another Vs. Agrani Bank & others, 2010, 39 CLC (HCD)
....t. The impugned judgment and decree passed by the trial court is hereby affirmed. Send down the L/C records at once. Ed. This Case is also Reported in: 16 BLC (HCD) (2011) 150. ...... found serious irregularities in opening account, and asked the defendant bank to refund the amount of the cheques collected by the defendant bank. 19. A bare reading of the evidence of D.W.-land 2 in particular amply speaks about the manner of opening the account; the state of transactions......is Case is also Reported in: 16 BLC (HCD) (2011) 150. ......e allegations that the account was opened in violation of the rules and that the cheques were collected designedly with knowledge that the same were forged the entire case turns on the one and single question, that is, whether the defendant can be said to have done its job from opening the account t..Category: Business or Commercial Law | Date: | Hits: 548
Atiqullah Pathan (Dhanu) Vs. State and another, 2010, 39 CLC (HCD)
....nted earlier shall stands vacated. Send a copy of this order to the Assistant Sessions Judge, 2nd Court Mymensingh for compliance. Ed. This Case is also Reported in: 16 BLC (HCD) (2011) 175. ......nted earlier shall stands vacated. Send a copy of this order to the Assistant Sessions Judge, 2nd Court Mymensingh for compliance. Ed. This Case is also Reported in: 16 BLC (HCD) (2011) 175. ......opy of this order to the Assistant Sessions Judge, 2nd Court Mymensingh for compliance. Ed. This Case is also Reported in: 16 BLC (HCD) (2011) 175. ......etition is that claim of the complainant is false and concocted, that actually the accused petitioner after issuance of the cheque adjusted the outstanding dues and demanded return back the cheque in question but the comÂplainant instead of returning back the cheque, filed the instant case for the ..Category: Criminal Law | Date: | Hits: 84
Acqua Foods Limited and another Vs. Controller of Imports and Exports and others, 1997, 26 CLC (HCD)
....Certificate of the Petitioners immediately. Considering the facts and circumstances of the case, there will be no order as to cost. Ed. This case is also Reported in:49 DLR (HCD) (1997) 498. ......Certificate of the Petitioners immediately. Considering the facts and circumstances of the case, there will be no order as to cost. Ed. This case is also Reported in:49 DLR (HCD) (1997) 498. ......ng the facts and circumstances of the case, there will be no order as to cost. Ed. This case is also Reported in:49 DLR (HCD) (1997) 498. ......etitioners had no other alternative but to prefer this application under Article 102 of the Constitution. 14. The learned Advocates for the respondents further submit that since there are disputed questions of fact, this writ petition is not maintainable. It is difficult for us to accept the cont..Category: Civil Law | Date: | Hits: 140
Motiur Rahman Bahadur Vs. Hemanta Kumar Shill, 2010, 39 CLC (HCD)
....randson of the brother of Lalit Kumar and happens to be the nearest heir of the last full owner, i.e., Lalit Kumar. His interest is expectant upon the death of Kumudini Shill, the limited heir now in possession. 3. After the death of Lalit Kumar Shill the plaintiff, Amulya and Kumudini jointly so......judgment and decree dated 24-8-1999 passed by the learned Subordinate Judge 2nd Court, Pirojpur, in Title Suit No.17 of 1998. 2. The facts as set out in the plaint, in short, are that 4.76 acre of land described in 'Ka' schedule of the plaint originally belonged to one Rajkamol Shill and Brindabo......ords at once. Ed. This Case is also Reported in: 16 BLC (HCD) (2011) 180. ......by defendant No.2 not inherited from her husband, therefore, the same was her stridhana. She sold the land for performing yearly shradhya ceremony, offering pinda at Gaya, paying debt etc. Though the question of self-acquisition for that matter 'stridhana' is the crux of the defendant's case he fail..Category: Property Law | Date: | Hits: 107
Shasha Textiles Ltd. Vs. Registrar, Joint Stock Companies & Firms, 2010, 39 CLC (HCD)
.... Anjuman-e-Mofidul Islam, Office at Kakrail, Dhaka, and on furnishing receipt of payment the order may be drawn up, if so prayed for. Ed. This Case is also Reported in: 16 BLC (HCD) (2011) 173. ...... adopted to add a new sub-clause 22A (under object clause III) as follows: “To mortgage the immovable property and or hypothecate/pledge/lien on any other movable assets of the Company including land, building, plaint, machinery, stocks, goods, shares, FDR, bonds etc. to any schedule bank or fi......on furnishing receipt of payment the order may be drawn up, if so prayed for. Ed. This Case is also Reported in: 16 BLC (HCD) (2011) 173. ...... Anjuman-e-Mofidul Islam, Office at Kakrail, Dhaka, and on furnishing receipt of payment the order may be drawn up, if so prayed for. Ed. This Case is also Reported in: 16 BLC (HCD) (2011) 173. ..Category: Company Law | Date: | Hits: 132
Rafiqul Alam (Md.) Vs. Md. Abdul Awal & others, 2010, 39 CLC (HCD)
....2-1997 passed by the Subordinate Judge, Rangpur in Order Appeal No.140 of 1995 in hereby affirmed. Send down the LCR accordingly. Ed. This Case is also Reported in: 16 BLC (HCD) (2011) 168. ......2-1997 passed by the Subordinate Judge, Rangpur in Order Appeal No.140 of 1995 in hereby affirmed. Send down the LCR accordingly. Ed. This Case is also Reported in: 16 BLC (HCD) (2011) 168. ......o- Manager Personal Division Vs. Sazahan Miah, 35 DLR 224; TCB & ANR Vs. Syed Sajeduzzaman, 40 DLR 406; BJMC Ltd. Vs. Abdul Halim Chowdhury, 47 DLR 173; Jiban Bima Corporation Vs. Mustafa Hussain, 50 DLR 411; Fazlul Karini Vs. Agrani Bank, 45 DLR 375; Tamser Ali Vs. Md. Nazrul Islam, 55 DLR 1......ct of service. A mandatory injunction cannot be granted for such purposes. In view of the legal position as discussed above we need not decide the issue as to whether the dismissal from service in question was illegal, but we must hold that the suit is not maintainable on the ground that a declar..Category: Civil Law | Date: | Hits: 144
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