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Nasirul Islam Vs. Bangladesh and others, 2011, 40 CLC (HCD)
....to take back his original title documents those have been annexed with the writ petition substituting photocopies thereof. Nazmun Ara Sultana J.- I agree. Ed. This Case is also Reported in: ......(Act No. VIII of 2003), section 33(7) The writ petition does not have any averment that the petitioner did not mortgage the property in favour of the respondent-bank, or statement whether he was a party in the Artha Rin Suit, or any summon was served upon him in the suit, if any; or whether the s..Category: Civil Law | Date: | Hits: 85
State Vs. Nurul Hoque and another, 1992, 21 CLC (HCD)
....be set at liberty at once, if not wanted in connection with any other case. The death penalty, as held herein before, is affirmed. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 306. ......ears with the condemned prisoner Nurul Haque, son of Ali Mia. The dead body was sent to the morgue, the police searched the house of Ali Mia in presence of the local Chowkider and the village defence party members but none was found there. The police thereafter received an information that the convi..Category: Criminal Law | Date: | Hits: 76
....ent dated 19.9.88 of the Settlement Court Case No. 422 of 1987.
On the grounds stated above the application is summarily rejected.
Ed.
This Case is also Reported in: 45 DLR (HCD) (1993) 301.
......respondent No.3, Khairunnessa.
4. It appears that in the Court of Settlement in Settlement Court Case No.422 of 1987 the petitioner being merely an allottee tenant of the Government was not made a party and it is submitted on behalf of the petitioner that the Government did not inform the petitio..
Category: Property Law | Date: | Hits: 86
.... lawful authority and the same are of no legal effect.
In the result, both the Rules are made without however any order as to costs.
Ed.
This Case is also Reported in: 45 DLR (HCD) (1993) 292.......Committee may be partial or may come from a source inimical to the person concerned. The facts may assume a wholly different complexion in the light of the explanations to be furnished by the accused party. A safeguard would thus be provided against carelessness or ignorance, though the authority, a..
Category: Others | Date: | Hits: 153
Buddhi Sankar Biswas Vs. Akbar Ali Sheikh, 1991, 20 CLC (HCD)
....de of Civil Procedure for rehearing of the Civil Revision Case No.1181 of 1980 is hereby rejected without any order as to costs. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 242. ......tract of the suit land by way of reconveyance. The learned Munsif decreed the suit on contest by his judgment and decree dated 30.4.77 and 9.5.77 respectively. On appeal filed by the Present opposite party who was the defendant the learned Subordinate Judge dismissed the appeal being Title Appeal No..Category: Property Law | Date: | Hits: 90
Umme Hani Begum and others Vs. Ram Gopal Sarker and others, 2008, 37 CLC (HCD)
....oint District Judge, 2nd Court, Narayanganj, framed the following issues: (i) Is the suit maintainable as it stands framed? (ii) ls the suit barred by limitation? (iii) Is the suit bad for defect of parties? (iv) Has the plaintiff acquired any title by adverse possession in the suit l......t is adverse to the true owner. Such possession in denial of the title of the true owner must be peaceable, open and continuous. It must be open and hostile enough to be capable of being known to the party interested before a right can be acquired or lost by adverse possession, it must have been suc..Category: Property Law | Date: | Hits: 74
Barrister Mainul Hosein Vs. Md. Ali Hossain and another, 2010, 39 CLC (HCD)
....the case in accordance with law. Send a copy of this judgment and order to the Court concerned for information and necessary action. Ed. This Case is also Reported in: 62 DLR (HCD) (2010) 38....... fit and proper. 2. By the Rule issuing order dated 23-7-1995, all further proceedings of the said case were stayed. 3. The relevant facts found for disposal of the Rule are that the opposite party No.1 Md. Ali Hosein as complainant filed the aforesaid Criminal Case No.1 of 1994 against the..Category: Labour and Industrial Law | Date: | Hits: 147
Tofail Ahmed Vs. Chairman, Anti-Corruption Commission and others, 2010, 39 CLC (HCD)
....copy of this judgment be immediately transmitted to the respondent No.1 for information and necessary action. Ed. This Case is also Reported in: 62 DLR (HCD) (2010) 33; 15 MLR (HCD) (2010) 177. ......he post-liberation period of Bangladesh. Even during the last BNP regime between 1996-1996, he was unlawfully detained by the Government for his participation in the movement for establishment of Non-party Caretaker Government for the purpose of overseeing general elections in Bangladesh. Be that as..Category: Anti-Corruption Laws | Date: | Hits: 200
Saroj Kumar Sarker and others Vs. Manoj Kumar Sarkar, 2007, 36 CLC (HCD)
.... Manikgonj is withdrawn and transferred 1othis Court for hearing along with the First Appeal No.15 of 1988 analogously. Communicate. Ed. This Case is also Reported in: 62 DLR (HCD) (2010) 25.......uit be deemed to be a Court of Small Causes." 13. This section confers a general power to transfer, withdraw and retransfer suits, appeals or other proceedings at any stage on the application of a party. The power of the High Court and District Judge are concurrent. The Court may also exercise th..Category: Property Law | Date: | Hits: 68
Akbar Khan (Md.) Vs. Anti-Corruption Commission and others, 2010, 39 CLC (HCD)
.... instant case, we do not find any authority given to the Director of the Divisional Office, Chittagong to delegate his authority to the DD to issue the impugned notice. It is a highly technical legal defect which can be cured. 25. In view of the above, we find that the impugned notice issued by t......ngs, the Rule is made absolute without any order as to costs. Let a copy of this judgment be communicated to the Chairman of the ACC. Ed. This Case is also Reported in: 62 DLR (HCD) (2010) 20...Category: Anti-Corruption Laws | Date: | Hits: 154
Bangladesh Road Transport Corporation Vs. Ashraf Jute Mills Ltd., 1991, 20 CLC (HCD)
....after, the Official Liquidator shall as meet up the claims of the creditors in accordance with law with the permission of this Court. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 282. ......s Court is in seisin of the entire matter namely, the question of liquidation of the Company, the claims of different creditors including Rupali Bank, BSRS and others and while the BSRS made itself a party in this proceeding voluntarily, Mr. Khondker submits, the unilateral sale under Article 34 by ..Category: Company Law | Date: | Hits: 193
Nowazullah and another Vs. Waz Khatun & another, 1990, 19 CLC (HCD)
.... reconveyance. In the result, the Rule is discharged but without any order as to costs. Let the records be sent down immediately. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 279.......grieved by the aforesaid judgment and decree the plaintiff‑petitioners filed this revisional application and obtained the present Rule on 4.6.82. 7. The Rule is contested by defendant‑opposite party No.1. 8. Mr. M Fazlul Karim, the learned Advocate appearing for the petitioners, submitted ..Category: Property Law | Date: | Hits: 57
State Vs. Giasuddin and 5 others, 1990, 19 CLC (HCD)
....r Jail Code as the conviction of death sentence is altered to that of under section 304‑Part‑1 from sections 302/149 of Penal Code. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 267.......ated that the dead body of Suruj was kept in the informant's house. Many people including Malfu, Giasuddin, Abdul Hoq Bhuiyan, Ali Newaz Bhuiyan came to the scene on hearing hue and cry raised by the party. To them the informant and the witnesses made a request to recover the three dead bodies which..Category: Criminal Law | Date: | Hits: 111
Tofazzal Hossain Chowdhury Vs. Mir Amanullah & others, 1992, 21 CLC (HCD)
....al Cold Storage Limited, Munshiganj. The Cold Storage had two units of which the new one being an eight storied building was set up in 1980 and went into operation in 1981; that thereafter some major defects were detected in the building in July, 1982. The petitioner obtained some estimates from dif......n December, 1982. In the process of demolition, the building crashed on 23.4.83 which fell on the southern side of the said building and also destroyed the chouchala house of the complainant opposite party No.1 adjacent to the said building and caused damage of the structures along with other materi..Category: Criminal Law | Date: | Hits: 88
Abul Hasnat Mohammad Mohsin Vs. Dilruba Aktar and another, 2009, 38 CLC (AD)
....suffer imprisonment for more than 15 days. Accordingly, the petition is dismissed with the modification of the sentence as above only. Ed. This Case is also Reported in: VIII ADC (2011) 314.......ired by Section 7(1) of the Ordinance, 1961, is to bring to the notice of divorce to the wife as initiated by the husband and to 'prevent hasty dissolution of marriage' and when the wife herself is a party to the Talaqnama' there is no need to serve a notice to the Chairman of the Union Council sinc..Category: Family Law | Date: | Hits: 185
Md. Farid Hossain and others Vs. Md. Abul Hossain and another, 2009, 38 CLC (AD)
.... different and distinguishable which has no manner of application. Accordingly, the appeal is allowed without any order as to costs. Ed. This Case is also Reported in: VIII ADC (2011) 297. ......n-Record finally submitted that out of two deeds being No.8409 and 8410 under challenge in the suit, the defendant-appellants name appear in one deed No.8409. So, in another deed No.8410 she is not a party and as such, she cannot be transposed as sole plaintiff from the category of the defendant in ..Category: Property Law | Date: | Hits: 65
....ivision, we do not find any merit in the appeals of the appellant and accordingly the appeal is dismissed without any order as to cost.
Ed.
This Case is also Reported in: VIII ADC (2011) 240.
......he circumstances in which it is made. If the dispute is whether the contract which contains the clause has ever been entered into at all, that issue cannot go to arbitration under the clause, for the party who denies that he has ever entered into the contract is thereby denying that he has ever join..
Category: Civil Law | Date: | Hits: 78
Shambhu Nath Saha & others Vs. State, 1989, 18 CLC (HCD)
....s therefore, discharged. The learned Additional Metropolitan Magistrate is directed to dispose of the case as expeditiously as possible. Ed. This Case is also Reported in: 43 DLR (1991) 660. ........................ (c) of any offence described in section 163 or punishable under section 471, Section 475 or section 476 of the same Code when such offence is alleged to have been committed by a party to the proceeding in any Court in respect of any document produced or given in evidence in suc..Category: Criminal Law | Date: | Hits: 83
Badsha (Md.) Miah and others Vs. Soleman Nessa Bibi and others, 1988, 17 CLC (HCD)
....ritten statement, inter alia, on the grounds that the suit is not maintainable in its present form, that it is barred by limitation and the principles of estoppel, waiver and acquiescence and bad for defect of parties, etc. The defendants denied all the allegations made in the plaint. The defendants......that vendor was in khas possession of the plot transferred by it is admissible under section 13 as it is an assertion and not a mere recital." In the second case, it was observed as follows: "A party's previous statement regarding a fact in issue is relevant under section 21 of the Evidence Ac..Category: Property Law | Date: | Hits: 70
Refazuddin Mondal Vs. Abdul Razzaque @ Rezaul Karim & others, 1989, 18 CLC (HCD)
.... for any interference. In the result, the Rule is discharged without any order as to costs. Send down the lower Court's record at once. Ed. This Case is also Reported in: 43 DLR (1991) 644......., Serajganj in Miscellaneous Case No. 110 of 1977 under section 96 of the State Acquisition and Tenancy Act. 2. Facts giving rise to this Rule may briefly be state thus: Pre‑emptor‑opposite party No.1 instituted Miscellaneous Case No. 77 of 1975 under section 96 of the State Acquisition an..Category: Property Law | Date: | Hits: 68
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