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.... to costs and the impugned judgment and decree dated 21.01.2006 passed by the learned District Judge, Moulvibazar is hereby affirmed.
Ed.
This Case is also Reported in: 13 MLR (HCD) (2008) 13.
......Court Division can reject the plaint when it appears that the suit is only for harassment and there is no possibility of success and the plaint ex-facie shows that the suit is not maintainable as all questions and controversies between the parties have been settled in earlier suit and the decisions ......tiff, Abdul Kader, filed suit being No.151 of.1986 for permanent injunction on 24.10.1986 on the assertion that the defendant Nos. 1 to 6 had caused threat of dispossession with the disclosure of the facts that the suit land was enlisted as vested property and they took lease. The plaintiff also cla..
Category: Procedural Law | Date: | Hits: 165
Abdul Jabbar Bhuiyan and others Vs. Kulsum Banu Bibi and others, 2008, 37 CLC (HCD)
....ourt at the time of issuance of the rule is hereby vacated. Lower Court's record be sent down at once with a copy of the judgment. Ed. This Case is also Reported in: 13 MLR (HCD) (2008) 212. ......ourt at the time of issuance of the rule is hereby vacated. Lower Court's record be sent down at once with a copy of the judgment. Ed. This Case is also Reported in: 13 MLR (HCD) (2008) 212. ...... evidence on record came to his finding that the plaintiff could be able to prove the case successfully as such the suit was decreed in favour of the plaintiff. He further submits that the finding of facts whether concurrent or not arrived at by the lower appellate Court is final which is not liable..Category: Property Law | Date: | Hits: 112
Md. Boktar Ali Vs. Most. Anjuara Begum and others, 2008, 37 CLC (HCD)
....ted 30.08.2001 passed by the learned Subordinate Judge, 2nd court, Lalmonirhat is hereby set aside. 22. Send down the L.C.R at once. Ed. This Case is also Reported in: 7 LG (HCD) (2010) 142. ......anessa and others Vs. Kabir Ahmed and others reported 49 DLR 347 and the case of Amirunnessa and others Vs. Abdul Mannan and others reported in 3 BLC 404 in support of his contention. 13. The moot question that calls for my determination is whether the application under section 151 of the Code of......ted 30.08.2001 passed by the learned Subordinate Judge, 2nd court, Lalmonirhat is hereby set aside. 22. Send down the L.C.R at once. Ed. This Case is also Reported in: 7 LG (HCD) (2010) 142. ..Category: Procedural Law | Date: | Hits: 162
Bangladesh Environmental Lawyers Association (BELA) Vs. Bangladesh, 2009, 38 CLC (HCD)
....ietor, Madina Enterprise at once by a Special Messenger of this Court at the cost of the petitioner. Sheikh Abdul Awal J.- I agree. Ed. This Case is also Reported in: 7 LG (HCD) (2010) 118. ......n with a prayer that the Rule may be disposed of. By order dated 10.09.2008 the Rule in Writ Petition No.6262 of 2008 was discharged giving the respondent No.17, the 'liberty to deal with the ship in question in accordance with law in any manner as deem fit and proper.' 6. Thereafter, the instant...... Mr. Fida Kamal submitÂted that Bangladesh ratified the Basel Convention, 1989 on 01.04.1993 and is bound to implement the provisions and safeÂguards contained therein. He pointed out that from the facts of the instant case, it is apparÂent that the NOC for opening L/C for importing a vessel, whi..Category: Environmental Law | Date: | Hits: 688
Jahirul Haque Vs. State, 2011, 40 CLC (HCD)
....st in accordance with law. Send down the lower Court records along with a copy of the Judgment to the Court concerned immediately. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 234. ......sion by some miscreants. During argument the learned advocate for the convict-appellants did not also raise any dispute regarding the commission of robbery on the persons of P.W.4. Now the pertinent question that calls for determination is who commitÂted the robbery. 22. P.W.4 is the most vital......g unsuccessful in arresting the real culprits falsely implicated the convict-appellants in the presÂent case. 8. The Assistant Sessions Judge on consideration of evidence on record as well as the facts and circumstances of the case found the convict-appelÂlants guilty for the offence punishable..Category: Criminal Law | Date: | Hits: 83
Dolon (Md.) Vs. State, 2012, 41 CLC (HCD)
....me Affairs, Inspector-General of Police and Director General of Rapid Action Battalion. Send down the lower Court records at once. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 501. ......evidence of P.W.1 Lieutenant Feroz Khan who is the informant of the case and his accompanied forces P.W.2, P.W.3 and P.W.4 has convicted the appellant and awarded the sentence to him. 40. The moot question before us is that when the seizure list witnesses and the defence witnesses; who appears to......anuary 16, 2012. Result: The appeal is allowed. A person can be convicted relying on the eviÂdence of the member of law enforcing agency if their evidence found to be convicting with other facts and circumstances of the case…………………(41) Cases Referred to Aslam Jahangir..Category: Criminal Law | Date: | Hits: 99
Faroque Reza Vs. Government of the People's Republic of Bangladesh and others, 2008, 37 CLC (HCD)
....an No.3841, Mouza Sutrapur, under Dhaka Collectorate is declared to have been passed without lawful authority and is no legal effect. Ed. This Case is also Reported in: 14 MLR (HCD) (2009) 256. ......ed by a separate Ordinance in 1983 with areas specified in its Schedule and the Ordinance does not identify such areas as Municipal Area. So evidently the Ain 2004 is not applicable to the dispute in question. 12. To our knowledge there is no law for the Dhaka City Corporation areas for the recon......ch was decided by the salish to be used for the common passage. 6. Respondent No.4 RAJUK has filed a separate affidavit-in-opposition with the contention that RAJUK is not a necessary party in the facts and circumstances of the case. 7. Mr. Zulhas Uddin Ahmmed, the learned advocate appearing f..Category: Civil Law | Date: | Hits: 74
Md. Wahed Ali Vs. Ms. Moslema Khatun, 2008, 37 CLC (HCD)
.... 22. Office is directed to send down the records of this case at once with a copy of judgment for information and necessary action. Ed. This Case is also Reported in: 14 MLR (HCD) (2009) 427. ......Advocate - For the petitioner. Rafiqul Islam Mehedi, Advocate - For the-opposite party. Civil Revision No.2690 of 2004. Judgment Syed Md. Ziaul Karim J.- This Rule, calls in question the legality and propriety of the Judgment and decree dated 25-05-2004 passed by the learne......ly Appeal no. 15 of 2003 by modification of the judgment and decree dated 31-05-2003 passed by the learned Judge of the Family Court, Basail, decreeing Family Suit No.10 of 2002, in part. 2. Short facts leading to this Rule are that on 03-07-2002, the opposite party as plaintiff instituted Family..Category: Family Law | Date: | Hits: 180
STX Corporation Ltd. Vs. Meghna Group of Industries Limited and others, 2011, 41 CLC (HCD)
..... Accordingly, the application under secÂtion 7Ka of the Arbitration Act of 2001 is dismissed. Interim order, if any, be vacated. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 550. ......re the competent Arbitrator in Singapore. 2. After preliminary hearing, this Court vide order dated 14-12-2009, admitted the application and served show cause notices regarding the properÂties in question and passed an interim order of injunction restraining the respondents No.3 and 4 from deali......m order of injunction restraining the respondents No.3 and 4 from dealing with the properties mentioned in schedule A, B and C of the application under Section 7Ka of the Act of 2001. 3. The short facts leading to the initiation of this application are as follows. The petitioner company entered i..Category: Alternative Dispute Resolution | Date: | Hits: 506
Soton @ Arif Hossain and another Vs. State, 1997, 26 CLC (HCD)
....e was no illegality in trying the petitioners in absentia. We find no substance in this Rule. This Rule is, therefore, discharged. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 593. ......e was no illegality in trying the petitioners in absentia. We find no substance in this Rule. This Rule is, therefore, discharged. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 593. ......ed Tribunal Judge noted that the copies of the newspapers, Daily Janakantha and Daily Sangram, where the said notifications were published, were received in the case record. 7. Under the aforesaid facts and circumstances we are to consider as to whether the learned Tribunal Judge had to write in ..Category: Criminal Law | Date: | Hits: 99
Mokbul Hossain Santu (Md.) Vs. Bangladesh and others, 1997, 26 CLC (HCD)
....702 of 1987 and a leather belt having 12 cartridges which were seized by a seizure list on 3‑8‑93, to the petitioner immediately. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 591. ......702 of 1987 and a leather belt having 12 cartridges which were seized by a seizure list on 3‑8‑93, to the petitioner immediately. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 591. ......xure‑A) and the seizure of the arms of the petitioner as mentioned in Annexure‑"E" should not be declared to have been made without lawful authority and are of no legal effect. 2. The relevant facts stated in the petition, are that the petitioner was the Chairman of the Zila Parishad, Pabna w..Category: Criminal Law | Date: | Hits: 77
National Bank Ltd. Vs. Provashi International Ltd. and others, 2010, 39 CLC (HCD)
....der as to costs. The Judgment and decree passed by the trial Court is hereby affirmed. Send down the lower Court records at once. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 229. ......der as to costs. The Judgment and decree passed by the trial Court is hereby affirmed. Send down the lower Court records at once. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 229. ......cree dated 14-4-1991 (decree signed on 4-5-1991) passed by the learned Subordinate Judge and Artha Rin Adalat No.3, Dhaka, in Title Suit No.177 of 1999 dismissing the suit of the plaintiff. 2. The facts of the case, in brief, are that the National Bank Ltd., Dilkusha Branch, Dhaka as the plaintif..Category: Civil Law | Date: | Hits: 106
Nurul Islam Shaikha and others Vs. Shahadat Hossain & others, 2011, 40 CLC (HCD)
....t Nos.1, 3, 5 and 6 exparte against the rest. No order as to cost. Send down the LC records along with a copy of this Judgment. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 222. ...... statements of the P.Ws. and also to those of the D.Ws., found that the plaintiff's grand mother used to live with and was looked after by, the plaintiff. The Courts below also found that the deed in question was a contractual document and therefore enforceÂable in a suit for specific performance o......t Nos.1, 3, 5 and 6 exparte against the rest. No order as to cost. Send down the LC records along with a copy of this Judgment. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 222. ..Category: Property Law | Date: | Hits: 139
Md. Shahidul Islam Vs. Most. Anwara Begum, 2007, 36 CLC (HCD)
....aside and the Family Suit No.75 of 2004 is dismissed. 19. Send down the L.C. Records at once. Md. Abdul Wahhab Miah J.- I agree. Ed. This Case is also Reported in: 7 LG (HCD) (2010) 114. ......aside and the Family Suit No.75 of 2004 is dismissed. 19. Send down the L.C. Records at once. Md. Abdul Wahhab Miah J.- I agree. Ed. This Case is also Reported in: 7 LG (HCD) (2010) 114. ......intiff and on 21-02-2004 the defendant drove her out from his house and hence the suit. 4. In the family court below both the parÂties adduced evidence and the trail Court havÂing considered the facts, circumstances and evidence adduced by the parties decreed the suit on contest against the def..Category: Family Law | Date: | Hits: 140
Foyez Ahmed Vs. State, 2012, 41 CLC (HCD)
.... Let the records of the Mobile Court along with a copy of this Judgment be sent down at once for information and necessary guidance. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 257. ......ilty under the Ain. But in the present case before us, it is undisputed that the alleged offence was neiÂther committed nor unfolded at the spot in the presÂence of the Executive Magistrate. So the question of taking cognizance of the alleged offence on 7-2-2011 and convicting the petitioner on 8-......the plain and literal meaning of the preamble and the provisions of sections 4, 6 (1) and 7(1) and (2) of the Ain, the Executive Magistrate did not take the proceedings against the petitioner. In the facts and circumstances of the case, it transpires that the entire exercise was void and without jur..Category: Criminal Law | Date: | Hits: 81
Md. Mosarraf Hossain Mondol Vs. Md. Elias Hossain Mollick and others, 2007, 36 CLC (HCD)
....anted earlier by this Court stands vacated. 29. Send down the lower Court's record at once with a copy of Judgment for information. Ed. This Case is also Reported in: 7 LG (HCD) (2010) 107. ......ition of the witnesses, all exhibits, other materials on record, judgments and decree of the Courts below and given my anxious consideration to the submissions of the learned Counsels. 15. Now the question calls for consideraÂtion whether the plaintiff could prove that the proceedings of the cer...... suit, should not be set aside and or pass such other order suit, should not be set aside and or pass such other order or further order or orders as to this Court may deem fit and proper. 2. Short facts leading to this Rule are that on 31.07.1985, the petitioner as plaintiff instituted Title Suit..Category: Procedural Law | Date: | Hits: 114
Uzzal and Golam Rasul alias Mamun Vs. State, 2006, 35 CLC (HCD)
.... forthwith if not wanted in connection with any other case. Lower Court records be sent down at once with a copy of the Judgment. Ed. This Case is also Reported in: 15 MLR (HCD) (2010) 311. ...... forthwith if not wanted in connection with any other case. Lower Court records be sent down at once with a copy of the Judgment. Ed. This Case is also Reported in: 15 MLR (HCD) (2010) 311. ......witnesses are the most vital, material and pertinent witnesses. All the witnesses who supported the prosecution case are the members of police patrol party who are highly interested witnesses. In the facts and circumstances of the instant case non-examination of two charge-sheeted seizure-list witne..Category: Criminal Law | Date: | Hits: 78
State Vs. Md. Mobarak and others, 2008, 37 CLC (HCD)
....sions Judge. 137. Send down the L.C. records at once. 138. Send a copy of the judgment to the trial Judge at his present place. Ed. This Case is also Reported in: 18 BLT (HCD) (2010) 138. ...... whether he stated to investigating officer that the accuseds went on to the road by his side. He did not stated to the investigating officer that while the accused passing by him and while he made a question then the accuseds replied that if he raised any alarm then he will be shot at. He could not...... to the interest of Ismail Chairman as such it cannot be said to be true voluntary and inculpatory and conviction relaying upon such confessional statement is not sustainable, either in law or on the facts of the given case. He also submits that out of 10 witnesses, 3 are official witnesses and out ..Category: Criminal Law | Date: | Hits: 89
Md. Joinaul Abedin Mintu Vs. Joint District Judge, 3rd Court Tangail and others, 2010, 39 CLC (HCD)
....to have been made without lawful authority and in an unlawful manner and is of no legal effect. Communicate this judgment at once. Ed. This Case is also Reported in: 18 BLT (HCD) (2010) 277. ......Court, Tangail has committed an error of law in allowing the application. 8. The submission as made by Mr. Khan that the instant Writ Petition is not maintainable has got no force as the important question of law is involved in this case and the statute did not make any bar to file Writ petition.......02 as renumbered as Artha Rin Suit No.1 of 2004 (Annexure-G to the Writ petition) should not be declared to have been passed without any lawful authority and is of no legal effect. 2. The relevant facts for disposal of this Rule, in short, are that the decree-holder Janata Bank instituted Mortaga..Category: Civil Law | Date: | Hits: 174
Azam Ali and another Vs. Akram Ali and others, 2010, 39 CLC (HCD)
....of status quo granted at the time of issuance of the Rule is hereby re-called and vacated. 20. Send down the lower Courts records. Ed. This Case is also Reported in: 18 BLT (HCD) (2010) 273. ......of status quo granted at the time of issuance of the Rule is hereby re-called and vacated. 20. Send down the lower Courts records. Ed. This Case is also Reported in: 18 BLT (HCD) (2010) 273. ......ssion of the suit land infavour of the plaintiffs as they paid government rent for the suit land vide exhibit 4, the rent receipt. But the learned Judge of the appellate Court without considering the facts and circumstances of the case reversed the judgment and decree passed by the trial Court and s..Category: Procedural Law | Date: | Hits: 99
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