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Abul Kalam and others Vs. Kafiluddin and others, 1996, 25 CLC (HCD)
.... others Vs. Anwar Ahmed and others reported in 1981 BCR (HC) 301 wherein it has been held by a Division Bench of this Court that "A decree‑holder cannot be allowed to be deprived of the fruits of a lawful decree obtained after 15 years of litigation". It appears that the similar view has been expr......This case is also Reported in:49 DLR (HCD) (1997) 569. ......ision No.39 of 1996. Judgment Sirajul Islam J.- Thus Rule under section 115 (1) of the Code of Civil Procedure at the instance of the defendant Nos.1 and 2 was directed against the Judgment and order dated 5‑10‑95 passed by Subordinate Judge, 1st Court, Chittagong in Other Suit No.22 of 19..Category: Procedural Law | Date: | Hits: 69
Mohammadullah Vs. Abu Taher and others, 2009, 38 CLC (HCD)
....he learned Judge of trial Court rightly dismissed the suit but the Court of appeal below without considering the material facts allowed the appeal and decreed the suit, thereby committing an error of law resulting in an error in the decision occasioning failure of justice. 12. Mr. Shihabuddin Mah......orted in: 61 DLR (HCD) (2009) 755. ......M Ziaul Karim J Mohammadullah………...Petitioner Vs. Abu Taher and others…………..Opposite Parties Judgment March 9th, 2009. Result: The Rule is made absolute without any order as to costs. Case Referred to- Hajarilal Mondal Vs. Md. Mozaffor Bepari, 8 BLC (AD) 77. ..Category: Civil Law | Date: | Hits: 48
Dabiruddin Mia and others Vs. Mothaharuddin Miah and others, 2006, 35 CLC (HCD)
.... cannot legally pre-empt the land purchased by pre-emptee No.2. This important legal aspect was not considered by both the Courts below. Therefore, the judgments of the Courts below cannot sustain in law. 22. The pre-emptor, however, failed to prove that the kabala of pre-emptee No.2 was ante dat...... 27 BLD (HCD) (2007) 180. ......uamrul Islam Siddiqui J.- This rule was issued on an application for revision made by the pre-emptee-petitioner under section 115(1) of the Code of Civil Procedure (the Code) against the judgment and order dated 28.9.1995 passed by the learned Subordinate Judge, 2nd Court, Madaripur in Miscellaneous..Category: Property Law | Date: | Hits: 38
Alkas Gorami Vs. State, 2006, 35 CLC (HCD)
.... two persons died because of two distinct offences, though committed in the same transaction and for the framing of one charge for two specific offences of murder the charge has become defective. The law states as per section 233 of the Code of Criminal Procedure that their should be a separate char......………………………………..Respondent Judgment November 28, 2006. Result: The appeal is allowed. Cases Referred to- State Vs. Azahar Gazi, 23 DLR 32; Abdul Aziz Vs. Sekandar Ali, 50 DLR 111; Siraj Vs. Crown, 9 DLR (FC) 177. State Vs. Khasru @ Syed Mostafa Hossain, 43 ......e. Criminal Appeal No.372 of 2002. Judgment Md. Ashfaqul Islam J.-This criminal appeal at the instance of the accused-appellant Alkas Gorami has been preferred against the judgment and order of conviction and sentence dated 26.8.2001 passed by the Additional Sessions Judge, Madaripur ..Category: Criminal Law | Date: | Hits: 43
Mahmudul Islam Chowdhury Vs. State and another, 2012, 41 CLC (HCD)
....nd the FIR was recorded on 9-2-1991 and on investigation police report was submitted with a recommendation to stand trial of the accused-petitioner on 9-2-93 followed by the sanction as required by law received from the office of the then Prime Minister under Memo No.C/14/91/Ctg/1522 dated 18-1-93......sion (CriminalRevisional Jurisdiction) Present: Md. Anwarul Hoque J Md. Mozibur Rahman Miah J Mahmudul Islam Chowdhury…………………………Accused-Petitioner Vs. State and another………………………Opposite-Parties Judgment February 22, 2012. Result: ......t, the case of the prosecution for the purpose of disposal of the Rule is as follows:- One Monjur, the then Inspector of District Anti-Corruption Officer, Chittagong lodged the FIR stating that in order to facilitate Chittagong "Press Club" to receive handsome amount, the accused-petitioner, hold..Category: Procedural Law | Date: | Hits: 59
Baby Masum and another Vs. Bangladesh Film Development Corporation and other, 2009, 38 CLC (HCD)
....ce taken by the learned Magistrate under those penal provision was illegal and if the proceedings of the C.R. Case No.2355 of 2001 is allowed to proceed, it would amount to an abuse of the process of law and therefore it is liable to be quashed. 31. In the result, the Rule is made absolute. The p......d. Emdadul Huq J 1. Baby Masum, son of Ohidur Rahman Bhuiyan……………………….Petitioner 2. Abdul Kader alias Kader, son of late Abdul Jalil Both of partnership producer Messers Light and Sound 47 Bijoy Nagar (2nd Floor) Dhaka 1000……………………….Petitioner Vs. 1. B......calling upon the opposite parties to show cause as to why the proceeding, of C.R. Case No.2355 of 2001 pending in the Court of Chief Metropolitan Magistrate, Dhaka should not be quashed or such other order passed as this Court may deem fit and proper. Further proceeding the said C.R. Case was also s..Category: Criminal Law | Date: | Hits: 66
Md. Kamruzzaman and others Vs. Abdus Sattar and others, 2008, 37 CLC (HCD)
.... of title, partition and valuation of the suit was Tk. 50,000/- and further directed the plaintiffs to pay ad valorem Court fees in the lower Court within 11.05.2001 and thereby committed an error of law resulting in the decision occasioning a failure of justice. He again submitted that the lower ap......Ed. This Case is also Reported in: 14 MLR (HCD) (2009) 260. ...... 29.03.2001 and 04.04.2001 respectively passed by the learned Assistant Judge, Rajibpur, Kurigram, in other Class Suit No.2 of 1994 decreeing the suit should not be set aside or such other or further order or orders passed as to this Court may seem fit and proper. 2. The facts involved for dispos..Category: Property Law | Date: | Hits: 48
Md. Nur Hossen Vs. State, 2007, 36 CLC (HCD)
....re to which he again pleaded not guilty and declined to adduce any evidence or file any documents. 8. The defence case as it appears from the trend of cross-examination of the P.Ws. by the defence lawyer in short is that he is quite innocent and that he has been falsely implicated in this case. ......………………….Appellant Vs. The State……………………..Respondent Judgment September 20, 2007. Result: The Appeal is dismissed Cases Referred to- Shadhu Miah and others Vs. The State with Md. Abdul Karim and others Vs. The State, BCR 2005 (HCD) 508; Mohammad...... General - For the State. Criminal Appeal No.2869 of 2002. Judgment Siddiqur Rahman Miah J.- This appeal under section 30 of the Special Powers Act, 1974 is directed against the judgment and order dated 24.08.2002 passed by the learned Judge, Metropolitan Special Tribunal No.6, Dhaka, in Me..Category: Criminal Law | Date: | Hits: 77
Enayet Chowdhury and others Vs. State and another, 2006, 35 CLC (HCD)
....haklader J.- This Rule is directed against Judgment and order dated 18-3-2004 passed by the learned Judge of Janonirapatta Bighnakari Aparadh Daman Tribunal No.4, Dhaka. 2. An impugned question of law as to interpretation of section 205 of the Code of Criminal Procedure is posted for decision. ......lso Reported in: 13 BLC (HCD) (2008) 50. ......llah, Deputy Attorney-General - For the State/Opposite Party. Criminal Miscellaneous Case No.9002 of 2004. Judgment Sharifuddin Chaklader J.- This Rule is directed against Judgment and order dated 18-3-2004 passed by the learned Judge of Janonirapatta Bighnakari Aparadh Daman Tribunal..Category: Criminal Law | Date: | Hits: 39
Sufi Samrat Hazrat Mahbub-e-Khuda Vs. RAJUK and others, 2007, 36 CLC (HCD)
....respondent No.2 (Annexure-G) directing the petitioner to demolish the existing structure of the petitioner on holding No.1/2/E South Kamlapur, Dhaka should not be declared to have been issued without lawful authority and is of no legal effect. 2. The petitioner purchased land measuring 17.77 khat...... (Special Original Jurisdiction) Present: Zinat Ara J Md. Awlad Ali J Sufi Samrat Hazrat Mahbub-e-Khuda………………………..Petitioner Vs. RAJUK represented by chairman and others…………………………Respondents Judgment March 15, 2007. Result: Th......his agent but the respondent No.2 refused to entertain the same and thereafter the petitioner sent the same to the respondent No.2 by registered post. Although the said two notices were stayed by the order dated 3-7-2005 the respondents purported to have issued the impugned final notice/ (চূড়..Category: Property Law | Date: | Hits: 64
Shafiqul Islam Khan Vs. The Commissioner of Taxes, 2012, 41 CLC (HCD)
....epartment. Income Tax Reference Application No.72 of 2007 Judgment AFM Abdur Rahman J. -In this I.T. Reference, under Section 160 of the Income Tax Ordinance 1984, the following question of law has been formulated by the Assessee-Applicant, Shafiqul Islam Khan, seeking an opinion from this......160 of the Income Tax Ordinance 1984, the following question of law has been formulated by the Assessee-Applicant, Shafiqul Islam Khan, seeking an opinion from this court; (1) Whether on the facts and in the circumstances of the case, the Tribunal was justified in law not holding that the AACT as......e of the fact that the assessee disclosed the source of the money with supporting evidences. (2) Whether on the facts and in the circumstances of the case the Tribunal was justified in passing the order without complying the Provision of Section 159(2) of the ITO, 1984, considering the evidences ..Category: Fiscal/Taxation Law | Date: | Hits: 83
.....- These appeals and civil petition involve public importance onthe environment and human rights, protection and preservation of environment, and the construction of certain provisions of the tenancy laws applicable in the country, the Town Improvement Act, 1953, the Paribesh Sangrakhan Ain, 1995 an......
Civil
Present:
Md. Muzammel Hossain CJ
Surendra Kumar Sinha J
Nazmun Ara Sultana J
Syed Mahmud Hossain J
Muhammad Imman Ali J
Md. Shamsul Huda J
Metro Makers and Developers Limited……Appellant (In Civil Appeal No.256 of 2009)
Bangladesh Environmental......tion No.1689 of 2006).
Civil Appeal No.256 of 2009.
With
Civil Appeal Nos.253-255 of 2009.
And
Civil Petition for Leave to Appeal No.1689 of 2006.
(From the judgment and order dated 27.07.2005 passed by the High Court Division in Writ Petition No.4604 of 2004 with Writ ..
Category: Environmental Law | Date: | Hits: 434
....Division in Money Appeal No.104 of 1997 affirming the order dated 18.08.1989 passed by the Deputy Commissioner, Rangamati in Money Suit No.33 of 1989 shall not be declared to have been passed without lawful authority and is of no legal effect and/or such other or further order or orders passed as to......cial Original Jurisdiction)
Present:
Zinat Ara J
Sheikh Abdul Awal J
Bangladesh Krishi Bank…………………Petitioner
Vs.
The Government of the People's Republic of Bangladesh and Others…………………Respondents
Judgment
September 26, 2007.
Result:
The rule......Krishi Bank-petitioner has been issued on an application under Article 102 of the Constitution of the People's Republic of Bangladesh calling upon the respondents to show cause as to why the impugned order dated 21.09.1997 passed by the Additional Divisional Commissioner, Chittagong Division in Mone..
Category: Civil Law | Date: | Hits: 74
Dr. Jadu Das Gupta alias J.D. Gupta Vs. State, 2009, 38 CLC (HCD)
....d criminal case is hereby quashed, so far it relates to the present petitioner (accused no.2). 11. The learned Magistrate shall proceed with the case in respect of other accused in accordance with law and in the light of our observation made out in the body of the judgment. Send a copy of the ......ut of Taknaf Thana Case No.10 dated 13.4.2003, then pending in the Court of First Class magistrate, Court No.2, Cox's Bazar, should not be quashed or any other order passed as this Court may deem fit and proper. 2. By the said Rule issuing order, all further proceedings of the said G.R. Case were......ings of G.R Case No.83 of 2003 arising out of Taknaf Thana Case No.10 dated 13.4.2003, then pending in the Court of First Class magistrate, Court No.2, Cox's Bazar, should not be quashed or any other order passed as this Court may deem fit and proper. 2. By the said Rule issuing order, all furthe..Category: Criminal Law | Date: | Hits: 62
Mst. Rahima Khatun and another Vs. Sree Monoranjon Saha and others, 2006, 35 CLC (HCD)
....ira, together with other lands originally belonged to Jadunath Saha, who before C. S. operation died leaving behind his only daughter Panchamoni Dasi, who inherited the suit land and in due course of law her name was recorded in C.S. Khatian and also in SA Khatian. The aforesaid Jadunath Sahahad ano......r Court's records at once. Ed. This Case is also Reported in: 13 MLR (HCD) (2008) 334. .......3 & D.W.4. Mr. Md. Serajur Rahman/lastly submits that the plaintiffs kabalas dated 20.6.81 are product of forgery and the same was made in collusion with the plaintiffs and defendant Nos. 1-5 in order to grab the suit land and accordingly 2 (two) Courts below rightly held that the plaintiffs cr..Category: Property Law | Date: | Hits: 57
Millan Miah and another Vs. State, 2012, 41 CLC (AD)
....ived at. We find no reason to interfere with the impugned decision of the High Court Division. Accordingly, the petition is dismissed. Ed. This Case is also Reported in:9 ADC (2012) 797. ...... in:9 ADC (2012) 797. ......ate, instructed by Nurul Islam Bhuiyan, Advocate-on-Record—For the Petitioners. Not represented-For Respondent. Criminal Petition for Leave to Appeal No.178 of 2009. (From the judgment and order dated 27th July, 2008 passed by the High Court Division in Criminal Appeal No.837 of 2003) ..Category: Criminal Law | Date: | Hits: 60
Chairman, Rajdhani Unnayan Kartipakha Vs. Ramjan Ali and others, 2006, 35 CLC (HCD)
....ad/have no legal right, title to and interest in the suit land and they are unauthorized and illegal possessors of RAJUK land for which notice was legally served for their eviction in accordance with law. The plaintiffs have no right to get a decree for permanent injunction against the real owner RA......Chairman, Rajdhani Unnayan Kartipakha, Rajuk, Bhaban, Motijheel, Dhaka……………………………………………..Petitioner Vs. Ramjan Ali being deed his hears: 1(a) Md. Afjal Hossain and others……………………………………………..Opposite Parties Judgment Octo......the real owner RAJUK since admittedly they were being evicted by serving a legal notice of eviction by RAJUK in accordance with law. 16. In view of the above, the rule is made absolute without any order as to cost. The impugned judgment and decree passed by the appellate court is hereby set aside..Category: Property Law | Date: | Hits: 56
Momin Miah & others Vs. Md. Shafiullah Patwari and others, 2007, 36 CLC (HCD)
.... 8. Learned Trial Judge decided Third Issue against plaintiff-opposite party. In deciding issue learned Trial Judge rendered decision that summons upon plaintiff had been served in accordance with law and there was no ground to accept the contention pressed into service from plaintiff that summon......reme Court High Court Division (Civil Revisional Jurisdiction) Present: AK Badrul Huq J Momin Miah & others………………………Petitioners Vs. Md. Shafiullah Patwari and others…………………………Opposite Parties Judgment April 29, 2007. Result: ...... and Second-Fourth: opposite parties and other persons as defendants instituted a suit being Title Suit No.10 of 1996 in the Court of Assistant Judge, Kachua, Chandpur for a declaration that ex parts order dated 24-4-1988 recorded in Pre-emption Miscellaneous Case No.66 of 1984 is fraudulent, illega..Category: Property Law | Date: | Hits: 64
Nawabgonj Central Co-operative Bank Ltd. Vs. Government of Bangladesh and others, 2007, 36 CLC (HCD)
....of the Court and the proceedings of Money Execution Case No.4 of 1998, now pending in the First Court of Artha Rin Adalat, Nawabganj (Annexure-H), should not be declared to have been made without any lawful authority and is of no legal effect. 2. Short facts leading to this Rule are that the peti......iginal Jurisdiction) Present: ABM Khairul Haque J SM Ziaul Karim J Nawabgonj Central Co-operative Bank Ltd.……………………………Petitioner Vs. Government of Bangladesh and others……………………………Respondents Judgment April 29, 2007. Result: ......Karim J.- This Rule Nisi was issued, on an application under Article 102 of the Constitution of the People's Republic of Bangladesh, calling upon the respondents to show cause as to why the appellate order (Annexure-B), as contained in Memo No.3291(3) dated 2-10-1989, passed by the respondent No.4..Category: Civil Law | Date: | Hits: 70
Advocate Manzill Murshid and others Vs. Bangladesh, 2011, 40 CLC (HCD)
....ent and secretary respectively of the organization named “Human Rights And Peace For Bangladesh”(HRPB), which body is engaged in promoting and defending human rights, working to establish rule of law and supporting the victims of human rights violations, felt dismayed at the deplorable state of ...... Chandra Tagore J. - I agree. Ed. This Case is also Reported in: ......ommittee of Law, Justice and Parliamentary Affairs about the Remuneration and Privileges of the Hon’ble Judges of the Supreme Court of Bangladesh (as of Annexure-D) and/or why such other or further order or orders as this Court may deem fit and proper, should not be passed.” 2. The petitioner..Category: Constitutional Law | Date: | Hits: 413
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