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State Vs. Mesbahuddin, 1996, 25 CLC (HCD)
....tion with any other case. Accused Fazlul Huq against whom the order of warrant of arrest was issued, the same be revoked or withdrawn. Ed. This case is also Reported in:49 DLR (HCD) (1997) 245. ......tion with any other case. Accused Fazlul Huq against whom the order of warrant of arrest was issued, the same be revoked or withdrawn. Ed. This case is also Reported in:49 DLR (HCD) (1997) 245. ......gainst whom the order of warrant of arrest was issued, the same be revoked or withdrawn. Ed. This case is also Reported in:49 DLR (HCD) (1997) 245. ...... deceased Tajul. It is therefore, not possible to fasten the liability for the murder of any of the accused and in thisview of the matter, the conviction under section 302 of the Penal Code is out of question. 10. The murder was not committed in course of committing dacoity. To convict the accus..Category: Criminal Law | Date: | Hits: 87
....2007 all the defendants in general and the Defendant Nos. 1 and 2 in particular submit their Written Statements positively by 4.1.2009.
Ed.
This Case is also Reported in: 7 LG (HCD) (2010) 59.
...... others………………………………………Defendants
Judgment
October 26, 2008.
Result:
The Applications are dismissed.
Case Referred to-
‘The Fanti' and ‘The Padre Island’, (1990) 2 Lloyd's Law Report 191; Imperial Bank Vs. London and St. Katherine Docks Company, ......ed in: 7 LG (HCD) (2010) 59.
......ncture to highlight the distinctive features and dynamics of the workings of P. & I. clubs in general as succinctly encapsulated in the following observations of Lord Brandon of Oakbrook:
"The question arises in this way it is the long-established practice of shipowners to enter their ships..
Category: Admiralty Law or Maritime Law | Date: | Hits: 512
GE Sea Co. Services Ltd. Vs. Continental Traders BD Ltd. and others, 2010, 39 CLC (HCD)
.....1 being the agent of the proforma defendant No.2 and 3 has received those containers from the Port after the delivery of the goods which it contained and accordingly the defendant No.1 came to the possession of those containers which they are now wrongfully detaining on the false plea of disput......d this Court finds no merit in this application which is therefore liable to be rejected. Accordingly, the application is rejected. Ed. This Case is also Reported in: 7 LG (HCD) (2010) 56. ......Order of the Appellate Division here. Supreme Court High Court Division (Admiralty Jurisdiction) Present: AFM Abdur Rahman J GE Sea Co. Services Ltd…………………………Plaintiff-Petitioner Vs. Continental Traders BD Ltd. and others…………………………Resp......2)(Ja) of the Ain as the said provision can only be invoked when there is an agreement in between the parties for carriage good by Sea for which there arises dispute among the parties regarding any question or claim arising out of an agreement relating to the carriage of goods in a Ship or to the ..Category: Admiralty Law or Maritime Law | Date: | Hits: 320
....dingly the Respondent No.5 is directed to pay a sum of Taka 1,50,000/- (one lac fifty thousand) to the petitioner.
Md. Faruque (M. Faruque) J.- I agree.
Ed.
This Case is also Reported in:
......dingly the Respondent No.5 is directed to pay a sum of Taka 1,50,000/- (one lac fifty thousand) to the petitioner.
Md. Faruque (M. Faruque) J.- I agree.
Ed.
This Case is also Reported in:
......aka 1,50,000/- (one lac fifty thousand) to the petitioner.
Md. Faruque (M. Faruque) J.- I agree.
Ed.
This Case is also Reported in:
......ally conducted by the British Council and Certificates of the British University Degrees are delivered through the British Council. In the case of Chancery Academy of English Law all the examination, questions are allegedly sent by e-mail from the University of Williamsburg to Chancery Academy of En..
Category: Others | Date: | Hits: 146
Prodeep Kumar Bhadra Vs. Sree Chandra Kanta Mondal and others, 2009, 38 CLC (HCD)
....settlement of the suit land and plaintiff, Chandra Kanta Mondal, took settlement of 15.73 acres of land on 3rd Boishakh, 1354 and gave kabuliyat on 7th Ashar, 1354 B.S. and since then plaintiff is in possession. Last S. A. Khatian was prepared wrongly in the name of Malik. Land lords instituted Re......learned subordinate judge, first court, Satkhira in title Suit No.9 of 1995. 2. The plaintiff instituted the suit for declaration of title by settlement, S. A. Khatian is wrong and also the suit land is not vested and non resident property with the averments that the suit land originally belong......lower court records at once. AKM Abdul Hakim J.- I agree. Ed. This Case is also Reported in: 7 LG (HCD) (2010) 35. ......ce any rent receipt thereafter even when the suit was filed in 1995; the plaintiff did not produce any paper to show that the plaintiff was in possession, of the suit land any time before as such the question of recovery of possession does not arise, the suit is not maintainable. 7. This appeal a..Category: Property Law | Date: | Hits: 134
Shawkat Ali Chowdhury Vs. G. Murshed Reza and others, 2009, 38 CLC (HCD)
....s, 8 BLC (AD) 10, where it has been held that, if a shareholder enjoins his specific share exclusively within the knowledge of other co-sharers, the other co-sharers have no right to disturb him in possession of the land without taking legal course by way of a partition suit. Since it was found th...... specific performance of contract the real question is to be decided in the suit is whether there was a contract between the parties, the real question is not whether the vendor has title to the suit land. Title to the suit land cannot be decided in a suit for specific performance of contract. Learn......urt records at once. Md. Emdadul Hague Azad, J.- I agree. Ed. This Case is also Reported in: 7 LG (HCD) (2010) 24. ......rdship of the defendant, even is not a ground to refuse relief in a suit for specific performance of contract. It has further been held that, in a suit for specific performance of contract the real question is to be decided in the suit is whether there was a contract between the parties, the real ..Category: Civil Law | Date: | Hits: 200
Md. Bachhu Vs. State, 2009, 38 CLC (HCD)
....nted in connection with any other case. Let a copy of the judgment and L.C.R be sent down at once. SM Emdadul Hoque, J,- I agree. Ed. This Case is also Reported in: 7 LG (HCD) (2010) 18. ......nted in connection with any other case. Let a copy of the judgment and L.C.R be sent down at once. SM Emdadul Hoque, J,- I agree. Ed. This Case is also Reported in: 7 LG (HCD) (2010) 18. ...... a copy of the judgment and L.C.R be sent down at once. SM Emdadul Hoque, J,- I agree. Ed. This Case is also Reported in: 7 LG (HCD) (2010) 18. ......o lack of knowledge and as such he ultimately with the help of a relative could prefer the instant petition under Section 561A of the Code of Criminal Procedure. It has also been asserted that as the question of no evidence and embellishment is concerned, this court is empowered to interfere into th..Category: Criminal Law | Date: | Hits: 115
M/s. Brick Linkers Ltd. and another Vs. Joint District Judge & Others, 2005, 34 CLC (HCD)
....ow that there is no executable decree before the Adalat. Having regard to the facts of the case there will be no order as to costs. Ed. This Case is also Reported in: 15 BLT (HCD) (2007) 99. ......ow that there is no executable decree before the Adalat. Having regard to the facts of the case there will be no order as to costs. Ed. This Case is also Reported in: 15 BLT (HCD) (2007) 99. ......t. Having regard to the facts of the case there will be no order as to costs. Ed. This Case is also Reported in: 15 BLT (HCD) (2007) 99. ......ehalf by the plaintiff, pass as decree that the mortgaged property or a sufficient part thereof be sold. And when an order making the decree absolute is made, the final decree has to be drawn up. The question that now arises is whether at this distance of time, nearly 15 years after the decree, and ..Category: Limitation Law | Date: | Hits: 162
Ain-O-Salish Kendro (ASK) Vs. Government of Bangladesh and others, 2006, 35 CLC (HCD)
....proper to dispose of the Rule with the directions and observation made above, without any order as to costs. Ed. This Case is also Reported in: 15 BLT (HCD) (2007) 448; 13 BLC (HCD) (2008) 148. ......proper to dispose of the Rule with the directions and observation made above, without any order as to costs. Ed. This Case is also Reported in: 15 BLT (HCD) (2007) 448; 13 BLC (HCD) (2008) 148. ......observation made above, without any order as to costs. Ed. This Case is also Reported in: 15 BLT (HCD) (2007) 448; 13 BLC (HCD) (2008) 148. ......nor punishments and in the list of sentences, we have also noticed, that bar fetter is one of the mode of punishment enumerated under Rule 708 which falls within the category of major punishment. The question now arises to consider what the term bar fetters means and includes since the issue involve..Category: Constitutional Law | Date: | Hits: 219
Sharif Uddin and another Vs. Bangladesh & others, 2009, 38 CLC (HCD)
....cality than the site approved by the Government. With the above observations, the rule is disposed of without any order as to costs. Ed. This Case is also Reported in: 16 BLC (HCD) (2011)92. ...... স্মারক নং-ইপ/অভনঃ ৩১/৯৫/৫১৬ dated 23-4-2008 (hereinafter referred to as the impugned Memo) issued by respondent No.2 giving administrative approval to the land as specified in the schedule on which No.5 Union Parishad Complex Bhaban is to be constructed. ......th the above observations, the rule is disposed of without any order as to costs. Ed. This Case is also Reported in: 16 BLC (HCD) (2011)92. ......of 2008). Kashefa Hossain, Assistant Attorney-General - For the Respondent No.3 (In both the cases). Writ Petition Nos. 3437, 3772 of 2008. Judgment Zinat Ara J.- As identical questions of fact and law are involved in Writ Petition Nos.3772 of 2008 and 3437 of 2008, these wri..Category: Property Law | Date: | Hits: 130
Ismail Hossain (Md.) Vs. Shakhina and others, 2012, 41 CLC (HCD)
....llaneous Appeal No.27 of 1998 in set aside. Let a copy of the judgment along with the lower Court’s record be sent down at once. Ed. This Case is also Reported in: 17 BLC (HCD) (2012) 320. ......s: The opposite Party No.1, Shakhina as pre-emptor filed Miscellaneous (Pre-emption Case No. 17 of 1996 in the Court of 4th Assistant Judge, Gazipur Sadar, Gazipur seeking preemption of the case land under section 96 of the State Acquisition and Tenancy Act, 1950 against the Opposite Party No.1...... at once. Ed. This Case is also Reported in: 17 BLC (HCD) (2012) 320. ......lding by inheritance and no notice of transfer was served on her, the opposite party No. 1, Abdul Hakim is a stranger purchaser and hence the pre-emptor is legally entitled to preempt the transfer in question. The opposite party No.2 as pre-emptee opposite party contested the case by filing a writte..Category: Property Law | Date: | Hits: 117
....order to interfere with the same.
In the result, the Rule is discharged without any order as to costs. Order to stay stands vacated.
Ed.
This Case is also Reported in:49 DLR (HD) (1997) 217.
......order to interfere with the same.
In the result, the Rule is discharged without any order as to costs. Order to stay stands vacated.
Ed.
This Case is also Reported in:49 DLR (HD) (1997) 217.
......osts. Order to stay stands vacated.
Ed.
This Case is also Reported in:49 DLR (HD) (1997) 217.
......ined:"The succession to the tribal chiefship or Bohmong is the next eldest male blood relative and does not follow in the direct line.” The then Government having subsequently on examination of the question taken the above policy decision aforesaid opinion of the said author has no force. So we ar..
Category: Civil Law | Date: | Hits: 185
Fazal Hossain (Md.) and others Vs. Md. Helal Mia & others, 2009, 38 CLC (HCD)
....pre-emption Miscellaneous Case for getting pre-emption order of 20 decimals of land at Plot No.951 along with order for getting back Taka 9000 out of Taka 30,000 and also for order of confirmation of possession of the aforesaid case land. 4. That the instant petitioners as opposite party Nos.1-3 ......the pre-emptor-respondent-opposite party No.1 instituted pre-emption Miscellaneous Case No.7 of 1988 in the Court of the Assistant Judge, 1st. Court, Dhaka for getting pre-emption order in the case land. 3. That the case of the petitioner in short is that, the owner of the case land was SyedMoh...... This Case is also Reported in: 16 BLC (HCD) (2011) 75; 30 BLD (HCD) (2010) 139. ......ntiff and the learned appellate Judge being the last Court of fact has framed independent issue and discussed all this very important issues like maintainability of the suit and defect of parties and question of limitation and also the point of part preemption as prayed for. And after meticulous d..Category: Property Law | Date: | Hits: 138
Chandra Banu wife of Lalu Mallick Vs. State and another, 1982, 11 CLC (HCD)
....Rule is accordingly made absolute with direction as above. Send down the records at once. Anwarul Hoque Chowdhury J.- I agree. Ed. This Case is also Reported in: 35 DLR (HCD) (1983) 70. ......Rule is accordingly made absolute with direction as above. Send down the records at once. Anwarul Hoque Chowdhury J.- I agree. Ed. This Case is also Reported in: 35 DLR (HCD) (1983) 70. ......down the records at once. Anwarul Hoque Chowdhury J.- I agree. Ed. This Case is also Reported in: 35 DLR (HCD) (1983) 70. ......are still passing such orders which on the very face of it are illegal. It appears that the Sub-Divisional Magistrate who passed the impugned order, has not cared even to read the relevant law. The question of consent will arise only when the machinery is set in notion by way of an application fro..Category: Criminal Law | Date: | Hits: 94
Mostafa Chowdhury & another Vs. State & another, 1982, 11 CLC (HCD)
....e and the respective proceedings quashed, as prayed for. Let the record be sent down at once. Mohammad Abdur Rouf J.- I agree. Ed. This Case is also Reported in:35 DLR (HCD) (1983) 68. ......e and the respective proceedings quashed, as prayed for. Let the record be sent down at once. Mohammad Abdur Rouf J.- I agree. Ed. This Case is also Reported in:35 DLR (HCD) (1983) 68. ......he record be sent down at once. Mohammad Abdur Rouf J.- I agree. Ed. This Case is also Reported in:35 DLR (HCD) (1983) 68. ......e Court of a Magistrate, 1st Class, Sadar, Sylhet and Criminal Revision No.202 of 1980 arises out of C.R. Case No.1830 of 1979 of the Court of Sub-Divisional Magistrate, Sadar, Sylhet. Since a common question of law has been heard together they will be disposed of by this Judgment. We have heard the..Category: Criminal Law | Date: | Hits: 87
Md. Shermat Ali Vs. Mossammat Lilifa Khatun, 2005, 34 CLC (HCD)
..... 13. The order of stay granted at the time of issuance of the rule stands vacated. Send down the Lower Court's Record at once. Ed. This Case is also Reported in: 15 BLT (HCD) (2007) 439. ......upon the Plaintiff filed a criminal case under the Dowery Prohibition Act. The defendant thereafter made a compromise by executing a deed in favour of the Plaintiff showing transfer of 16 decimals of land. Thereafter the Defendant took back the said land by another registered kabala deed dated 16.2.......t Division (Civil) Present: Shahidul Islam J Md. Shermat Ali……………………………Defendant-Petitioner Vs. Mossammat Lilifa Khatun……………………………….Plaintiff Opposite Party Judgment March 7, 2005. Result: The Rule is discharged. Lawyers......া, ডাকঘরঃ সিঙ্গের গাড়ী থানাঃ কিশোরগঞ্জ, জেলাঃ নীলফামারী।” 11. Now it is the only pertinent question to be decided as to whether both the Courts below has misread or misconstrued the Ext. Ka t..Category: Family Law | Date: | Hits: 224
....cting an application under Order XXI Rule 98 of the Code of Civil Procedure read with Section 57 of the Artha Rin Adalat Ain, 2003, praying for deployment of law enforcing agency for handing over the possession of the suit property in favour of the decree-holder petitioner.
2. It appears that the......ing police force and other measures as provided in the Code.
In the result, this appeal is allowed but without any order as costs.
Ed.
This Case is also Reported in: 15 BLT (HCD) (2007) 425.
...... as costs.
Ed.
This Case is also Reported in: 15 BLT (HCD) (2007) 425.
......ing police force and other measures as provided in the Code.
In the result, this appeal is allowed but without any order as costs.
Ed.
This Case is also Reported in: 15 BLT (HCD) (2007) 425.
..
Category: Civil Law | Date: | Hits: 208
Sree Babul Kumar Biswas Vs. Sree Khudiram Jaladas, 2007, 36 CLC (HCD)
.... of 1997. In the said execution case in the decree holder submitted an application under section 153 of the Code of Civil Procedure praying for amendment of execution application for putting him into possession in the transferred land and that application was rejected by the impugned order dated 4.4......uit No.84 of 1995 in the 5th Court of Assistant Judge, Sadar, Chittagong for Specific Performance of Contract alleging, inter alia, that the defendant entered into a contract for sale of the schedule land in his favour but ultimately failed to execute and register a deed of sale. That suit was decre......lam J.- By this Rule the Opposite Party No.1 was called upon to show cause as to why the impugned Order No.39 dated 4.4.2001 passed by the learned Senior Assistant Judge, 5th Court, Sadar, Chittagong in Execution Case No.13 of 1997 should not be set aside and/or such other or further order or orders......f injunction granted by this Court dated 12.1.2004 shall remain is force till the execution Case is disposed of on full satisfaction. Ed. This Case is also Reported in: 15 BLT (HCD) (2007) 421. ..Category: Procedural Law | Date: | Hits: 253
lqbal Hossain Talukder (Md.) Vs. Md. Joinal Abedin Talukder and 76‑others, 2002, 31 CLC (HCD)
....uishment of a known right, or such conduct as warrants an inference of the relinquishment of such right, or when one dispenses with the performance of something he is entitled to exact or when one in possession of any right, whether conferred by law or by contract, with full knowledge of the materia......legal debate is now approached and addressed. 19. Exercise of Right of Pre‑emption is a Statutory Right conferred upon a co-sharer either by way of inheritance or by purchase or a person holding land contiguous to property transferred against a person who is stranger to the holding under Pre‑......ts concerned. Ed. This Case is also Reported in: 55 DLR (HCD) (2003) 604. ...... OPW 2 Ismail Prodhania, it appears that their testimonies suffer from inconsistencies and, also, contradictions. In order to deprive a co-sharer in getting a Statutory right of Pre‑emption, on the question of Waiver and Acquiescence there must be strict proof with consistent testimonies by reliab..Category: Property Law | Date: | Hits: 116
Durga Rani Sutradhar Vs. Paresh Chandra Sutradhar, 2002, 31 CLC (HCD)
....y be granted of the contents of the lost "Will' if genuine execution of the lost 'Will' can be established properly by evidence. 12. Next section 239 of the Act provides that when the 'Will' is in possession of a person residing outside of the state, probate of the 'Will' may be granted for limit......ance with law and in the light of our observations given above. We prefer to make no order as to cost. Send down the LCR at once. Ed. This Case is also Reported in: 55 DLR (HCD) (2003) 600. ...... with HR Acharjee, Advocate—For the Appellant. No one—For the Respondent. First Appeal No. 43 of 1989. Judgment Khondker Musa Khaled J.- The petitioner Durga Rani Sutradhar of the original Miscellaneous Case No.105 of 1986 (probate case) has preferred this appeal under section 299 of...... submitted in the court and when it was found missing, the petitioner relied on photo copy and adduced evidence to prove genuineness of the same and none denied as to the genuineness of the "Will' in question. 5. Mr. SS Halder the learned Senior Counsel along with his junior learned Advocate Mr. ..Category: Property Law | Date: | Hits: 113
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