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Ayesha Khatun Akhtar Vs. Government of Bangladesh and another, 1998, 27 CLC (HCD)
....e date of receipt of the copy of the judgment. Let a copy of this judgment be communicated to the Respdt No.1 at once for compliance. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 639. ......ged the judgment and order dated 26‑1‑97 passed by the Chairman, 1st Court of Settlement, Dhaka to have been passed without any lawful authority and to be of no legal effect. 2. The holding in question being plot No. H/7, Block‑E, Mohammadpur, Dhaka was leased out to one Amir Hossain for 99......e date of receipt of the copy of the judgment. Let a copy of this judgment be communicated to the Respdt No.1 at once for compliance. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 639. ..Category: Property Law | Date: | Hits: 71
Abdul Latif Howlader Vs. Additional Deputy Commissioner (Revenue) & others, 1998, 27 CLC (HCD)
....nder Article 102 of the Constitution. In the result, the application is rejected with a cost of Taka 1,000.00 (One thousand) only. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 638. ......ed: M Habibullah, Advocate ‑ For the Petitioner. Writ Petition No.2261 of 1998. Judgment AM Mahmudur Rahman J.- This application under Article 102(2)(a)(ii) of our Constitution calls in question judgment and order dated 10‑6‑1997 passed by Additional Deputy Commissioner (Revenue) P......uch jurisdiction it commits mistake such mistake cannot be amenable to judicial review under the high prerogative writ jurisdiction which the Court exercises as discretionary one. On reference to the facts and findings of the authorities below in this case and grounds taken in this petition we do no..Category: Constitutional Law | Date: | Hits: 222
Bangladesh Vs. Shudhir Chandra Nath, 2011, 40 CLC (HCD)
....al power. In the result the revision fails and the Rule is discharged without any order as to cost. Send down the LCR at once. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 309. ......osite Parties. Civil Revision No.7570 of 1991. Judgment Siddiqur Rahman Mian J.- This Rule under section 115 of the Code of Civil Procedure at the instance of defendant-petitioner calls in question the Judgment and decree dated 10-5-1983 passed by the learned Additional District Judge, 2n......f Civil Procedure, 1908 (Act No. V of 1908); section 115(1) Scope of section 115(1) A Court of revision under section 115(1) CPC can interfere with the findings of fact as the final Court of facts only in exceptional circumstances when the findings are shockingly perverse or these are vitia..Category: Procedural Law | Date: | Hits: 111
Mustaq Ahmed Vs. State, 2010, 39 CLC (HCD)
....erence thereof in her Service Book. The office is directed to communicate the Order and send down the lower Court records at once. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 301. ......He also identified the appellant at the dock. 22. During cross-examination, P.W. 1 stated that he did not mention the cheque number at the time of filing the FIR. He also stated that the cheque in question and the dagger were both recovered from his possession by the police. He father stated that......centers around the encashment of a cheque, P.W.6, an officer of the Bank, deposed otherwise. 13. Lastly, Mr. Khan submits that the learned Additional Sessions Judge failed to apply her mind to the facts of the case and evaluate the evidence on record, which caused a serious miscarriage of justice..Category: Criminal Law | Date: | Hits: 62
Nuruzzaman (Md.) and others Vs. Bangladesh and others, 2012, 41 CLC (HCD)
....j. 3. All the writ petitions are heard together and they are disposed of by this single Judgment. 4. The facts of Writ petition Nos.1796 of 2011, 1798 of 2011, 1799 of 2011 and 1800 of 2011 are identical. 5. The petitioners of these four writ petitions pursuant to the advertisement inviting......e infructuous. Accordingly, the Rule issued in Writ Petition No.6791 of 2010 is also discharged. Communicate the order at once. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 406. ...... writ petitions issued by different letters fromthe office of the Civil Surgeon, Sunamganj. 3. All the writ petitions are heard together and they are disposed of by this single Judgment. 4. The facts of Writ petition Nos.1796 of 2011, 1798 of 2011, 1799 of 2011 and 1800 of 2011 are identical. ..Category: Employment/Service Law | Date: | Hits: 148
....es of the case, we do not find any substance in the instant Rule.
The Rule is therefore, discharged without any order as to costs.
Ed.
This Case is also Reported in: 13 MLR (HCD) (2008) 373.
......ments which has been annexed as annexure-'C' series are created documents by the petitioner and the decision cannot be taken on the basis of such documents. He further submits that there are disputed question of facts in the instant writ petition. He further submits that annexure-'A' which was annex......authority and is of no legal effect.
2. The petitioner challenged the legality and validity of acquisition of his homestead land (inpart) in L.A. Case No.1 of 95-96 (Annexure-'A').
3. The short facts of the petitioner's case is that the original owner of the land was Naida Bashi Chowkidar, fro..
Category: Property Law | Date: | Hits: 73
Government of the People's Republic of Bangladesh Vs. Altaf Hossain and others, 2009, 38 CLC (HCD)
....No.117 of 1993 is hereby upheld. The order of status quo granted earlier by this Court is hereby vacated. Send down the LCR at once. Ed. This Case is also Reported in: 7 LG (HCD) (2010) 81. ......No.117 of 1993 is hereby upheld. The order of status quo granted earlier by this Court is hereby vacated. Send down the LCR at once. Ed. This Case is also Reported in: 7 LG (HCD) (2010) 81. ...... affecting the merit of the case." 12. I have gone through the judgment of the courts below and it appears that it can not be said that the findings are based on non-consideration or misreading of facts, thus this Court can not interfere with the said findings of fact of the courts below in revis..Category: Property Law | Date: | Hits: 96
....t.
In the results, the rule is discharged.
However, there shall be no order as to costs.
Moyeenul Islam Chowdhury J.- I agree.
Ed.
This Case is also Reported in: 7 LG (HCD) (2010) 152.
......ssion of the earlier 'No-objection' by the Ministry of Jute is immune from any challenge in this respect by the writ petitioner.
13. The learned Advocate Mr. Idrisur Rahman further argues that the question of complying the rules of natural justice or of its extended limbs does not arise at all fo......der Annexure-B and as such no question arises of paying Taka 18 lacks and handover of possession of Dhaka Head Office of the company to the writ petitioner. These denials have been an un contorverted facts as no reply has been filed by the writ petitioner.
22. The contents of Annexure-12 append..
Category: Administrative Law | Date: | Hits: 299
.... and decree given at time of issuance of rule is vacated.
The office is directed to send down the lower Courts records immediately.
Ed.
This Case is also Reported in: 18 BLT (HCD) (2010) 51.
......ounsel along with Mr. Serajur Rahman, the learned Advocate appearing before this Court in countering the submissions of the learned Advocate for the petitioner has strait way submitted that the basic question raised before this Court as to whether 2 registered Debutternama were acted upon during the......ere never been acted upon and held on consideration of the evidence both oral and documentary and the plaintiffs is the only surviving heir of late Ramoni Mohan, the Appellate Court since settled the facts being a final Court of facts, these warrant no interference by the Hon'ble Court and thereby, ..
Category: Property Law | Date: | Hits: 102
Rafiqul Islam Vs. State, 2009, 38 CLC (HCD)
....Metropolitan Magistrate, Second Court, Dhaka, where the case is pending for trial. Communicate the order to the Court below at once. Ed. This Case is also Reported in: 18 BLT (HCD) (2010) 9. ......Metropolitan Magistrate, Second Court, Dhaka, where the case is pending for trial. Communicate the order to the Court below at once. Ed. This Case is also Reported in: 18 BLT (HCD) (2010) 9. ......oner has been in jail hajat in this case since 03.12.2006 without trial. Consequently, we are of the view that the trial is unduly delayed due to the negligence of the prosecution. Considering the facts and circumstances of the case, the gravity of the charge levelled against the petitioner and t..Category: Criminal Law | Date: | Hits: 88
Rezia Khatun Chowdhurani and others Vs. Shamir Kumar Chowdhury and others, 2008, 37 CLC (HCD)
.... these Rules. In the result, these Rules are discharged without any order as to costs. Send down the lower Court records. Ed. This Case is also Reported in: 61 DLR (HCD) (2009) 131. ...... these Rules. In the result, these Rules are discharged without any order as to costs. Send down the lower Court records. Ed. This Case is also Reported in: 61 DLR (HCD) (2009) 131. ......or Specific Performance of Contract against the opposite parties (the defendant) in respect of the suit lands (the property) which on transfer was renumbered as Title Suit No. 68 of 1983. 2. Short facts of the plaint case are as follows: the suit property consisting of corrugated iron sheet-roofe..Category: Civil Law | Date: | Hits: 138
Nasirullah and another Vs. Government of Bangladesh and others, 2008, 37 CLC (HCD)
....thority to release the land from acquisition, the petitioner obtained this Rule Nisi from this Court on 20-4-2008. 4. Respondent No. 3 filed affidavit-in-opposition in both the Writ Petitions. The identical stand of respondent No.3 in both the Writ Petitions is: Under the Ordinance, a total qu......s. 1448 and 3071 of 2008 Judgment SM Hossain J.- Writ Petition Nos. 1448 of 2008 and 3071 of 2008 having been heard together are disposed of by this common judgment as they involve common questions of law and facts. In both the Writ Petitions the petitioners challenged the LA Case No. 1/......008 Judgment SM Hossain J.- Writ Petition Nos. 1448 of 2008 and 3071 of 2008 having been heard together are disposed of by this common judgment as they involve common questions of law and facts. In both the Writ Petitions the petitioners challenged the LA Case No. 1/2007-2008 to be illeg..Category: Property Law | Date: | Hits: 79
Zareen Biscuit Company Vs. Sayed M. Salimullah and others, 2010, 39 CLC (HCD)
....e of dismissal passed by the Subordinate Judge, 3rd Court, Tangail, is hereby affirmed. Send down the lower Court record at once. Ed. This Case is also Reported in: 16 BLC (HCD) (2011) 267. ......non-retainable khas land of the Zamindars. After the East Bengal State Acquisition and Tenancy Act, 1950, hereinafter referred to as the "SA&T Act, 1950" came into force the entire waqf estate in question was acquisitioned as non-retainable khas land as per the provisions of the said Act. After ......suit. The suit was for declaration of title in respect of 7.651/2 acre of land appertaining to CS Khatian No.309 in Gorai Moeen Nagar Mouza under Tauji No.10 in Mirzapur, District- Tangail. 2. The facts as alleged in the plaint, in short, are that the suit land comprising of 182.23 acre described..Category: Trust/Waqf Law | Date: | Hits: 114
Sharifuddin and others Vs. Commissioner of Customs and others, 2009, 38 CLC (AD)
....as enacted in 1995 the same would not be deemed incorporated in the VAT Act which was enacted in 1991." 8. We agreed to dispose of the said appeals and civil petitions by this common judgment as identical facts and points of law are involved. 9. Mr. Mahmudul Islam, Senior Advocate, the learn......4) Under section 4(2) of the VAT Act the words "Customs Act" was inserted by way of reference only fixing the time to submit bill of entry and it deals with in respect of rate of VAT. There is no question of deeming the unincorporated provisions of one statute as a part of the former statute h......ing the respective assessment orders made by the office of the respondent No.1 imposing VAT @ 15% on polythene pellets imported by the appellants/petitioners. 2. It will be sufficient to state the facts of only one writ petition because the facts of in all the writ petitions out of which the pres..Category: Fiscal/Taxation Law | Date: | Hits: 128
Md. Enamul Haque Vs. Md. Ekramul Haque and others, 2011, 40 CLC (HCD)
....of the suitsexpeditiously preferably within 6(Six) months from the date of receipt of this order. Communicate this order at once. Ed. This Case is also Reported in: 16 BLC (HCD) (2011) 263. ...... (iv) To avoid multiplicity of proceedings or conflicting decisions; (v) Where two persons have filed suits against each other on the same cause of action in different Courts; (vi) Where common questions of law and fact arise in two suits; (vii) Where considerable section of public is inter...... where it has been held on the submissions of Mr. MH Khandker who drew attention of the Court to the case of Md. Shamsul Huda Vs. Md. Mozammel Huq in which case their Lordship considered the relevant facts and observed in the following terms:— "It is not a question of actual existence of a bias..Category: Procedural Law | Date: | Hits: 179
LMJ International Ltd. India Vs. MV BK Ace and others, 2010, 39 CLC (HCD)
....n application for facilitating the parties to inform this Court about the compliance of the order, by way of affidavit of compliance. Ed. This Case is also Reported in: 16 BLC (HCD) (2011) 256. ...... the L/C opening Bank i.e. the State Bank of India returned back the original copy of the shipping documents which was sent by the defendant No.5, on the flimsy ground of discrepancy and, as such, no question of submitting any original copy of bills of lading before the master or agent of the vessel......e defendant No.5 in support of his application argued that the order of arrest passed by this Court on 8-11-2009 cannot be sustained and liable to beimmediate vacation on the ground of suppression of facts and for the reason of misleading the Court since in paragraph No.6 of the plaint the plaintiff..Category: Admiralty Law or Maritime Law | Date: | Hits: 490
Abdul Karim Vs. Land Acquisition Officer, Comilla and others, 2006, 35 CLC (HCD)
....e without lawful authority. With the foresaid findings and observations, I concur with my learned brother in making the Rule absolute. Ed. This Case is also Reported in:61 DLR (HCD) (2009) 112. ......c pro forma for the requisition and acquisition of the property and the same was sent to the Land Acquisition Officer, Comilla, who started LA Case No. 8 of 1992-93 for the acquisition of the land in question. On 12-12-92 a notice under section 3 of the Acquisition and Requisition of Immovable Prope......d not be declared to have been passed without any lawful authority and to be of no legal effect and or such other or further order or orders passed as to this court may seem tit and proper. 2. The facts as stated in the petition are that the petitioner is the owner of the homestead land measuring..Category: Property Law | Date: | Hits: 85
Kartick Chandra Das and another Vs. State, 2012, 41 CLC (HCD)
....tunity on priority basis. Communicate the order to the learned Special Judge, Bogra, at once for information and necessary action. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 458. ......tunity on priority basis. Communicate the order to the learned Special Judge, Bogra, at once for information and necessary action. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 458. ......eding amounts to the abuse of the process the Court which is liable to be quashed. The learned advocate finally submits that though the informant in the FIR stated to investigate in to allegation but facts remains very investigation was held by an Assistant Director, Anti-Corruption Commission throu..Category: Procedural Law | Date: | Hits: 86
Abu Taher Chowdhury and others Vs. Showkat Ali and others, 2012, 41 CLC (HCD)
....he order of status-quo granted earlier by this Court is hereby recalled and vacated. Send down the Lower Court's records at once. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 455. ......he order of status-quo granted earlier by this Court is hereby recalled and vacated. Send down the Lower Court's records at once. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 455. ......sion the case of Sova Rani Guha Vs. Abdul Awal Mia reported in 47 DLR (AD) 45 our Apex Court reviewed the earlier decision and opined that the tenancy is heritable. 13. But in the instant case facts is otherwise. It is found that Bharanama agreement dated 10-10-1979 Exhibit-1 is a lease agree..Category: Administrative Law | Date: | Hits: 175
Government of Bangladesh Vs. Abdul Malek, 2007, 36 CLC (HCD)
.... substance in this Rule. Accordingly, the Rule is discharged. There will be no order as to cost. Send down the LC records at once. Ed. This Case is also Reported in: 61 DLR (HCD) (2009) 635. ...... from the suit land and hence the instant suit for declaration of title. 3. The defendant-petitioners contested the suit by filing written statement. The case of the defendants is that the land in question belongs to the Government and the same was properly recorded as khas land in both SA record......tiff has proved his case beyond all reasonable doubt. 8. We have perused the judgment of both the Courts below and the evidence on record both oral and documentary. It appears that considering the facts and circumstances and the evidences on record the trial Court found that the suit is barred by..Category: Procedural Law | Date: | Hits: 83
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