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Khandakar (Md.) Shahjahan Vs. Md. Atiar Rahman Monshi & others, 2000, 29 CLC (HCD)
....act circumstances of the case I direct the parties to bear their respective costs. Lower Court’s record be sent immediately as possible. Ed. This Case is also Reported in: 53 DLR (2001) 275.......sent immediately as possible. Ed. This Case is also Reported in: 53 DLR (2001) 275.......lection and are not election concerned matters. Tribunal found that it was not at all established that the exclusion of 555 voters had been done at the wish and influence of petitioner and found that proper authority concerned excluded 555 voters from voter list and the matter was published in local......legations of opposite party. Election Tribunal also found that in exclusion process of the names of 555 voter’s petitioner had no hand or any part. 14. Opposite party felt aggrieved of the above adjudication and sought setting aside through a medium of appeal being Election Appeal No. 36 of 199..Category: Election Law | Date: | Hits: 89
Shahjahan (Md) Vs. State, 2000, 29 CLC (HCD)
....months. Send down the original case record at once with a copy of the Judgment for perusal and necessary action accordingly. Ed. This Case is also Reported in: 53 DLR (2001) 268. ......7; State Vs. Lalu Miah 1987 ILD (AD) 212; Hazrat Ali Vs. State 42 DLR 177; Nannu Gazi Vs. Awlad Hossain 43 DLR (AD) 63; Salauddin Vs. State 32 DLR 227; State Vs. Abdur Rashid 35 DLR 195; State Vs. Purandhar Roy Joydhar 31 DLR 312; Nowsher Mi Sarder Vs. State 39 DLR (AD) 194. Lawyers Involved:...... Taka 2,000.00 in default to payment of fine to suffer imprisonment for 2(two) months more, mainly on the grounds, among others, that the impugned Judgment and order of conviction dated 14-9-92 are improper, unjustified and bad in law, that the FIR described the facts and commission of murder by som......months. Send down the original case record at once with a copy of the Judgment for perusal and necessary action accordingly. Ed. This Case is also Reported in: 53 DLR (2001) 268. ..Category: Criminal Law | Date: | Hits: 38
Noorjahan Akhter Vs. A Motaleb & ors., 2000, 29 CLC (HCD)
....f Title Suit No.3 of 1983 now pending in the Court of the Subordinate Judge, 2nd Court, Dhaka stands vacated. I make no order as to costs. Ed. This Case is also Reported in: 53 DLR (2001) 256....... Cases Referred To- AIR (1940) Rangoon 53 & AIR (1953) Patna 344; AIR 1928 Calcutta 539; ILR 1923 (Born) 73; Md. Tazammal Hossain Talukder Vs. Purni Agarwalini, 10 DLR 318 & Sayesta Bibi and ors Vs. Juma Sha and ors, 42 DLR (AD) 53. Lawyers Involved: Md. Fazlul Karim with Altaf Ho......ssessed 2½ kathas of land fully described in the schedule to the plaint by virtue of registered sale deed dated 28-5-1957 from one Zehadon Khatoon. After the death of Akhtaruzzaman the said schedule property devolved on the defendant-petitioner and the defendant- opposite party No.2 as his legal he......f Title Suit No.3 of 1983 now pending in the Court of the Subordinate Judge, 2nd Court, Dhaka stands vacated. I make no order as to costs. Ed. This Case is also Reported in: 53 DLR (2001) 256...Category: Property Law | Date: | Hits: 113
Golam Mostafa Vs. Begum Rokeya Khandaker & others, 2001, 30 CLC (HCD)
....f fact also considered evidences and other materials on record and came in full agreement with the decision rendered by learned trial Judge. Ed. This Case is also Reported in: 53 DLR (2001) 232.......in: 53 DLR (2001) 232.......idence both oral and documentary and other materials brought on record and recorded decision that mutation and sub-division proceeding with respect to pre-emption proceeding holding had not been done properly and legally. Learned trial Judge further held that pre-emptee-petitioner failed to substant......oner failed to substantiate his Case that mutation and sub-division proceeding had been done within the knowledge of pre emptor-opposite party. 8. Pre-emptee-petitioner fe1t aggrieved of the above adjudication and sought setting aside the same through a medium of appeal being Miscellaneous Appeal..Category: Property Law | Date: | Hits: 23
....t, order that the name of any person who ought to have been joined, whether as plaintiff or defendant, or whose presence before the Court may be necessary in order to enable the Court effectually and completely to adjudicate upon and settle all the questions involved in the suit. be added” (underl......ourt.
Ed.
This Case is also Reported in: 53 DLR (2001) 220.
...... transferred the suit land along with other lands to the Dhaka City Corporation. Then, in 1989 the City Corporation granted lease of the entire land to the members of their two Samities on receipt of proper salami. Erecting shops and getting connections of various utility services to them, and doing......im order of injunction in mandatory form dated 29-11-2000 is hereby set aside. No order as to cost.
Communicate this order to the Court.
Ed.
This Case is also Reported in: 53 DLR (2001) 220.
..
Category: Civil Law | Date: | Hits: 84
Labu Mia Vs. State, 2001, 30 CLC (HCD)
.... Court as to the action taken against the delinquent Police Officer by his superior authority. Send down the lower Court Records at once. Ed. This Case is also Reported in: 53 DLR (2001) 218. ......ilphamari police station against 8 (Eight) accused persons specifically mentioned therein stating, inter alia, that on 20-10-2000 at about 12 noon the accused formed themselves into unlawful assembly and assaulted the informant and other witnesses and also took away Taka 1200.00 from the possession ......lication was filed praying for bail or to discharge him stating inter alia that the accused Labu Mia is a child who has been involved at the instance of the Investigating Officer who did not hold any proper investigation nor visited the place of occurrence. The investigation officer himself submitte...... Court as to the action taken against the delinquent Police Officer by his superior authority. Send down the lower Court Records at once. Ed. This Case is also Reported in: 53 DLR (2001) 218. ..Category: Criminal Law | Date: | Hits: 101
Titas Gas (T & D) Co. Ltd. Vs. Commissioner of Taxes, 2000, 29 CLC (HCD)
....the affirmative and against the assessee applicant and we refrain from answering the other questions. There will be no order as to cost. Ed. This Case is also Reported in: 53 DLR (2001) 209. ......rul Islam J AKM Shafiuddin J Titas Gas (T & D) Co. Ltd……….Applicant Vs. Commissioner of Taxes…..Respondent Judgment June 14, 2000. Cases Referred To- Sagorika and Co. Vs. Commissioner of Taxes 27 BTD 87; Commissioner of Taxes Vs. Mysore Commercial Chemical Co......t arriving at any finding that the method of accounting employed by the assessee-applicant has not been regularly employed or the method employed was such that the income of the assessee could not be properly deduced therefrom and, as such, he acted illegally and without jurisdiction in rejecting th......the affirmative and against the assessee applicant and we refrain from answering the other questions. There will be no order as to cost. Ed. This Case is also Reported in: 53 DLR (2001) 209. ..Category: Fiscal/Taxation Law | Date: | Hits: 82
Abdul Wahab Biswas Vs. Abdul Matin Miah & others, 1999, 28 CLC (HCD)
..... The learned District Judge should be careful henceforth in passing orders so that it may not be repeated. Communicate the order at once. Ed. This Case is also Reported in: 53 DLR (2001) 196.......dge, Faridpur on 17-11-97 in Miscellaneous Appeal No.94 of 1997 allowing the appeal on the date of admission hearing without serving any notice to the plaintiff-respondents setting aside the judgment and order passed by the Subordinate Judge. Second Court, Faridpur on 09-11-97 in Title Suit No. 7 of...... relating to appeals from orders. 14. Furthermore, Order XLI rule 9(1) on the Code of Civil Procedure provides that: "9. (1) Where a memorandum of appeal is admitted, the Appellate Court or the proper officer of that Court shall endorse thereon the date of presentation, and shall register the ....... The learned District Judge should be careful henceforth in passing orders so that it may not be repeated. Communicate the order at once. Ed. This Case is also Reported in: 53 DLR (2001) 196...Category: Procedural Law | Date: | Hits: 81
Most. Selina Banu Bewa and others Vs. Most. Jamila khatun and another, 2009, 38 CLC (AD)
....oper consideration of the materials on record arrived at a correct decision and accordingly no interference call for. The petition is dismissed. This Case is also Reported in: VII ADC (2010) 516.......on is dismissed. This Case is also Reported in: VII ADC (2010) 516.......estion both the Courts below found that the plaintiff was a paradanshin woman and the defendants could not produce any evidence to prove that the said deeds were executed and registered by her with proper independent advise given to her as required under section 16 of the Contract Act and that adm......oper consideration of the materials on record arrived at a correct decision and accordingly no interference call for. The petition is dismissed. This Case is also Reported in: VII ADC (2010) 516...Category: Property Law | Date: | Hits: 26
Abdun Noor Vs. Abdul Kabir and others, 2010, 39 CLC (AD)
.... one month. The preparation of paper books is dispensed with as prayed for. The petitioner is permitted to add additional grounds. Ed. This Case is also Reported in: VII ADC (2010) 510....... 510.......e and baseless allegations with intent to grab the suit land and hence, the suit is liable to be dismissed. 4. Mr. Mahbubey Alam, learned Counsel, appearing for the petitioners submitted that on proper consideration of the documentary and oral evidence of the parties the trial Court and the C...... one month. The preparation of paper books is dispensed with as prayed for. The petitioner is permitted to add additional grounds. Ed. This Case is also Reported in: VII ADC (2010) 510...Category: Property Law | Date: | Hits: 45
Charupado Mondol and others Vs. Chinmay Bachar and others, 2009, 38 CLC (AD)
....judicata in the instant suit, and the trial Court, if the question is so raised, is directed to decide the same in accordance with law. Ed. This Case is also Reported in: VII ADC (2010) 492. ......Reported in: VII ADC (2010) 492. ...... 3 sisters, Bhani, Kanchan and Feli. The sons of Bhani and Feli as plaintiffs in this suit claimed 23 share, while the sons of Kanchan and Sumitra are defendants. It was further alleged that the suit property was in ejmali possession. Khatians were not correctly prepared and there was difficulty i......judicata in the instant suit, and the trial Court, if the question is so raised, is directed to decide the same in accordance with law. Ed. This Case is also Reported in: VII ADC (2010) 492. ..Category: Procedural Law | Date: | Hits: 95
....order passed by the High Court Division and thus do not find any substance in the leave petition.
The petition is accordingly dismissed.
Ed.
This Case is also Reported in: VII ADC (2010) 486..............aid defendant promised to sell the remaining 0.48 acres to the plaintiffs' predecessor and that Kabir Ahmed died on 10.01.1970 leaving behind the defendant Nos.21-24 as his legal heirs to inherit his properties including the suit land and that the defendant in particular defendant Nos.6 and 7 on 1......order passed by the High Court Division and thus do not find any substance in the leave petition.
The petition is accordingly dismissed.
Ed.
This Case is also Reported in: VII ADC (2010) 486...
Category: Property Law | Date: | Hits: 38
Sree Bishonath Das and others Vs. Sree Binoy Kumar Das and others, 2009, 38 CLC (AD)
.... Kashi Nath. The plaintiff constructed dwelling huts thereon and the defendant forcibly constructed a kacca hut in the eastern side of plot No.178 and therefore the appellate court rightly gave the complete relief by allowing recovery of possession. 11. The defendant adduced 3 D.Ws and D.Ws.2 a......late Division (Civil) Present: Md. Tafazzul Islam J Md. Joynul Abedin J Md. Abdul Matin J Md. Abdul Aziz J ABM Khairul Haque J Surendra Kumar Sinha J Sree Bishonath Das and others………………………..Petitioners Vs. Sree Binoy Kumar Das and others……......ampur, Jessore impleading the predecessor of the petitioners and other respondents as defendants for declaration of title and confirmation of possession and khas possession in respect of the suit property. 3. The plaintiffs in the aforesaid Title Suit No.228 of 1984 stated in the pliant that ......by the courts below in finding possession and title in favour of the plaintiff respondent. Accordingly the leave petition is dismissed. Ed. This Case is also Reported in: VII ADC (2010) 478...Category: Property Law | Date: | Hits: 27
....h Court Division committed no illegality in discharging the Rule.
We find no substance in this petition which is accordingly dismissed.
Ed.
This Case is also Reported in: VII ADC (2010) 474.......in J
Md. Abdul Matin J
Abu Nayeem Mominur Rahman J
Md. Yusuf Chowdhury……………….......Petitioner
Vs.
The Administration of Waqf of No. 4, New Eskaton Road, Ramna, Dhaka-1000 and Others…….....Respondents
Judgment
November 8, 2009.
Lawyers Involved:
Sk. Zalfiq......
2. The facts, in short, are that the petitioner's predecessor Tofazzal Ali Chowdhury created "Tofazzal Ali Chowdhury Waqf Estate" by deed No.415 dated 22.01.1915 with the noble and pious object of proper management of two mosques and to meet the expenses for jiarat of the graveyard of the Wakif......h Court Division committed no illegality in discharging the Rule.
We find no substance in this petition which is accordingly dismissed.
Ed.
This Case is also Reported in: VII ADC (2010) 474...
Category: Trust/Waqf Law | Date: | Hits: 185
Mojibor and another Vs. Md. Nurul Islam and others, 2010, 39 CLC (AD)
....the above, we find no substance in the submissions of the learned Counsel for the petitioners. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: VII ADC (2010) 467....... Appellate Division (Civil) Present: Mohammad Fazlul Karim CJ Md. Abdul Matin J Bijan Kumar Das J ABM Khairul Haque J Md. Muzammel Hossain J Surendra Kumar Sinha J Mojibor and another………..................Petitioners Vs Md. Nurul Islam and others……………......e, Kiron Chandra Ghose and others and while in khas possession through 3 pattans in 1351, 1352 and 1353 B.S. they gave the land under settlement to Sheikh Wahab Ali after receiving salami and issuing proper dakhilas and said Wahab Ali erected dwelling house over plot No.784 and used to live there ......the above, we find no substance in the submissions of the learned Counsel for the petitioners. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: VII ADC (2010) 467...Category: Property Law | Date: | Hits: 91
Government of Bangladesh and another Vs. Mohiuddin, 2009, 38 CLC (AD)
....5.1988 of the Court of Settlement is restored. In the result, the appeal is allowed without any order as to costs. Ed. This Case is also Reported in: VII ADC (2010) 454, 15 BLC (AD) (2010) 179...... (AD) (2010) 179......2. Abdur Rahman was a Bangladeshi national who was all along residing in the aforesaid holding with other members of his family. While Abdur Rahman was in exclusive possession he transferred the case property to the writ-petitioner by way of a registered kabala dated 24.04.1974 and delivered posses......5.1988 of the Court of Settlement is restored. In the result, the appeal is allowed without any order as to costs. Ed. This Case is also Reported in: VII ADC (2010) 454, 15 BLC (AD) (2010) 179..Category: Property Law | Date: | Hits: 24
Anti Corruption Commission Vs. Shah Alam Chowdhury and others, 2007, 36 CLC (AD)
....ith as prayed for. Order of the High Court Division dated 11th November, 2007 passed in Writ Petition No.9613 of 2007 is stayed till hearing of the appeal. Ed. This Case is also Reported in: ...... Abedin J Md. Hassan Ameen J Md. Abdul Matin J Anti Corruption Commission represented by its Charmin, Head Office, 1 Segunbagicha, Dhaka……….....Petitioner Vs. Shah Alam Chowdhury and others............Respondents Order January 13, 2007. Lawyers Involved: Mansur Habi......tion was taken by the Council to cover up their own illegal act. 3. The writ petitioner filed the writ petition on the ground that there was no prima facie Case disclosed in the F.I.R. and without proper investigation and violating the provisions of the Anti Corruption Act, 2004 and the Rules the......ith as prayed for. Order of the High Court Division dated 11th November, 2007 passed in Writ Petition No.9613 of 2007 is stayed till hearing of the appeal. Ed. This Case is also Reported in: ..Category: Anti-Corruption Laws | Date: | Hits: 159
....statement which was also accepted by the trial Court. It is pertinent to point out that to protect their right and actual physical possession and in order to avoid multiplicity of proceedings and for complete adjudication of the disputes they were impleaded as parties. In the case of Nurul Islam and......o communicate the at once.
Ed.
This Case is also Reported in: 16 MLR (AD) (2011) 233....... eye of law.
7. The learned Advocate appearing for opposite party nos. 2-3 opposes the Rule and submits that as petitioners purchased the disputed land during pendency of suit, so they are neither proper nor necessary parties to the suit nor their presence are necessary to decide the suit. Moreso...... which was also accepted by the trial Court. It is pertinent to point out that to protect their right and actual physical possession and in order to avoid multiplicity of proceedings and for complete adjudication of the disputes they were impleaded as parties. In the case of Nurul Islam and others V..
Category: Property Law | Date: | Hits: 27
Khalilur Rahman and others Vs. Executive Engineer, Roads & Highways & others, 2007, 36 CLC (AD)
....ecided to the requisitioned to be followed by acquisition according to Government's order dated 8th March 1968. Later the lands were acquired afresh in L.A. Case No.104/1967-1968. The acquisition was complete and all the recorded owners received compensation money in L.A. Case No. 104 of 1967-1968 o.................................Petitioner (In Civil Petition No.439 of 2006) Vs. Executive Engineer, Roads & Highways & others…........Respondents (In Civil Petition No. 438 of 2006) Land Acquisition Officer & others.........Respondents (In Civil Petition No.439 of 2006) Judgm......vely of Mouza Kawtali J.L No. 272. The lands were requisitioned in L.A. Case No.11/1958-1959 along with other lands. The Deputy Commissioner, Brahmanbaria on 25-09-1964 restored possession of the property to the writ petitioner and he has been enjoying the same. On 04-11-1999 the Land Acquisitio......ion money if deposited by them after de-requisition order dated 21-09-1964 illegally issued by the concerned officer, if not already withdrawn. This Case is also Reported in: 7 LG (AD) (2010) 127. ..Category: Property Law | Date: | Hits: 23
Captain (Md) Lutfar Rahman Vs. Md. Abu Taher and others, 2000, 29 CLC (HCD)
....92 of the 2nd Court of Subordinate Judge, Chittagong for pre-emption is allowed. Send down the lower Courts records immediately. Ed. This Case is also Reported in: 53 DLR (2001) 193. ......il Miscellaneous Jurisdiction) Present: Gour Gopal Saha J Sikder Maqbul Huq J Captain (Md) Lutfar Rahman……………………Appellant Vs. Md. Abu Taher and others………………….Respondents Judgment October 31, 2000. Cas......een contended that the pre-emptor is not a co-sharer in the case land and as such the pre-emption case is not maintainable in law. It has been further contended that the disputed sales were not sales proper but these were conditional sales with agreement for re-conveyance of the same to the vendors ......92 of the 2nd Court of Subordinate Judge, Chittagong for pre-emption is allowed. Send down the lower Courts records immediately. Ed. This Case is also Reported in: 53 DLR (2001) 193. ..Category: Property Law | Date: | Hits: 22
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