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Ataur Rahman Khan Vs. Md. Nasim and another, 1999, 28 CLC (HCD)
....is the crux of the whole problem in the instant case. The statements have been made by a Member of Parliament who is the Home Minister of the Government. We cannot but mention that Mr. Nasim has been holding a responsible and Constitutional Post as a Minister of the Government. Further we can take j......and Iyreen Mahbub Advocates- For the Petitioner. Mahmudul Islam, Attorney-General, with Mahbubey Alam, Additional Attorney-General & Bazlul Rahman Chhana, Assistant Attorney General—For the Government. Contempt Petition Case No. 57 of 1999. Judgment Md. Mozammel Hoque J. - This i..Category: Criminal Law | Date: | Hits: 54
Bashir Ahmed and others Vs. Ayub Ali Mollah, 1998, 27 CLC (HCD)
.... the local elite and this evidence clearly indicates that the plaintiff called salish before filing the suit. He however admitted that he did not file any application before the Ward Commissioner for holding arbitration. He further deposed that the salish took place in the house of the defendant and......tion, the suit was not maintainable. Further submits that in view of clause ‘H’ in the agreement that the landlord would not take possession of the suit premises unless the tenant willingly hands over the possession, the decree sought for by the plaintiff for ejectment of the defendant, cannot b..Category: Tenancy Law | Date: | Hits: 148
Jebun Nessa Zaman and Others Vs. Hosne Ara Lili, 2001, 30 CLC (HCD)
....e Ahmed, learned Counsel appearing for the petitioners, submits that the learned Assistant Judge committed serious error of law resulting in an error of his decision occasioning failure of justice in holding that the defendants dispossessed the plaintiff. He also submits that the trial Court erred i......stant Judge, 5th Court at Dhaka in Title Suit No.127 of 1997 decreeing the suit for possession. 2. Opposite party as plaintiff instituted the suit under section 9 of the Specific Relief Act for recovery of possession of the suit shop. Plaint case, in short, is that the plaintiff took monthly leas..Category: Civil Law | Date: | Hits: 82
State Vs. Chief Editor, Manabjamin and others, 2002, 31 CLC (HCD)_Part Two
....a catalyst for changes and reforms as well as political development in our country. It played historical role during the war of liberation and it always played a pro-people role. In the past for upholding the rights of the public and for publishing the news regarding ill designed actions of the......w we find that the apology tendered by Ershad is no apology in the eye of law. We find that the affidavit-in-opposition filed by the contemner is inadequate in its expression of regret and remorse over the incident. In particular, we find that there is no open acknowledgment of guilt, no proper ..Category: Criminal Law | Date: | Hits: 130
Mohshinul Islam Vs. Rajdhani Unnayan Kartripakkha and others, 1999, 28 CLC (HCD)
....o meet increased demand for residential plots by large number of city dwellers and there is no illegality in altering the layout plan in such manner. He further submitted that there is no question of holding out any promise by RAJUK to the allottees as of any estoppel preventing it from converting t......e lease deeds there is mentioned of land earmarked for school, dispensary, Hospital, Mosque, Temple etc. Learned Advocate for the petitioner contended that park, play ground and community center are covered by the words “etc in use 21 of the lease deeds. 7. There is no dispute that some vacant ..Category: Property Law | Date: | Hits: 55
Shah Alam Patwari (Md) Vs. Md. Siddiqur Rahman Bhuiyan and others, 2001, 30 CLC (HCD)
.... of the returned candidate AHM Khaleque and set aside the election of the revision-petitioner in the by-election held in the meantime. 7. It may be noted here that challenging the notification for holding by-election for the office of Chairman of the said Union Parishad, the election-petitioner m......e Election Tribunal was set aside and the case was sent back on remand to the Election Tribunal with a direction for fresh decision after recount of the votes in four centers, namely, Dewannagar Non-Government Primary School, Shahpur Government Primary School, Kemtali Government Primary School and A..Category: Election Law | Date: | Hits: 79
National Sports Council Vs. A Latif and Company, 2001, 30 CLC (HCD)
....eadiness by his letter dated 01-06-1997 to do the work as per changed design which was necessitated for unavoidable circumstances. The employer addressed various letters requesting the contractor for holding discussion, but he preferred to make the application. After the work order was issued, the c......the work order was issued to him pursuant to the contract dated 12-02-1996 as executed by both parties. The work was stipulated to be completed within 270 days. But the employer took 9 months to hand over the site to him. On 06-03-1997 physical layout of the work was fixed up. After construction of ..Category: Alternative Dispute Resolution | Date: | Hits: 186
....by memo dated 23-10-97 petitioner was asked to submit a plan. Similar request was made to other NGOs as well. The said Ministry did not make any representation to the petitioner much less to speak of holding out any promise or assurance. The proposal of the petitioner was neither approved by the Min......o the Prime Minister and Ministry of Land setting out the basic layout of the project proposal on 30-9-97 (vide Annexure-A). Thereafter on 14-10-97 a meeting was held in the Ministry of Land presided over by the State Minister for land and respondent No. 1 asked the petitioner to submit a layout pla..
Category: Civil Law | Date: | Hits: 92
Abdur Rahman and others Vs. Md Shamsul Huq and others, 2000, 29 CLC (HCD)
....btained the present Rule. 4. Mr. M Enayetur Rahim the learned Advocate appearing for the petitioners submits that the learned District Judge, committed an error of law in rejecting the application holding that Miscellaneous Case No.13 of 2000 is not an original proceeding and accordingly Order 6 ......ept on emergent ground. The office is directed to send a copy of the order at once to the Court of the learned District Judge, Mymensingh. Ed. This Case is also Reported in: 53 DLR (2001) 364...Category: Procedural Law | Date: | Hits: 86
Md. Helal Uddin and others Vs. M. A. Jakir and another, 2010, 39 CLC (AD)
....fect parties. The vendor sold the land to them by registered kabala dated 31st January, 1998, and delivered possession to them on the same date. The pre-emptors are not co-sharers in the disputed holding because of separation of Jama. The case has been filed on the basis of some false allegati......rightly affirmed the judgments of the Courts below. We, therefore, find no merit in this petition. The petition is accordingly dismissed. Ed. This Case is also Reported in: VII ADC (2010) 604...Category: Property Law | Date: | Hits: 22
Md. Mafiz and others Vs. Bangladesh, 2010, 39 CLC (AD)
....he judgment and order dated the 16th day of June, 2008 passed by the High Court Division in Civil Revision No.2102 of 1995 making the Rule absolute remanding the suit to the Court of Appeal below for holding fresh trial in the light of observation made in the judgment. 2. The facts involved in th......r but the local administration forcibly close down Nutan Bazar with a view to start K.D.D.B. new market and accordingly, the plaintiffs with the permission of K.D.D.B. constructed and erected shops over the land of K.D.D.B. hereby the bank of Patuakhali river with their own expenses; that the plai..Category: Property Law | Date: | Hits: 31
Government of Bangladesh Vs. Md. Atiar Rahman Khan and others, 2010, 39 CLC (AD)
....ed question fact and law, the said issue can only be decided on evidence. The learned Additional Attorney General further contended that the learned Judge of the High Court Division erred in law in holding that the issues involved in the earlier suit are directly and substantially the same in th...... also Reported in: VII ADC (2010) 587...Category: Limitation Law | Date: | Hits: 149
Azizur Rahman Khan and others Vs. Md. Aynul Miah and others, 2010, 39 CLC (AD)
....ted 28.05.2009, passed by the High Court Division in Civil Revision No.5650 of 2007 and Civil Revision No.5651 of 2007, setting aside the judgment and decree passed by the District Judge, Dhaka and upholding the decree for declaration, passed by the Assistant Judge, Dhamrai. 2. The facts of the c......Hajera Bibi and her son, filed a suit being the Title Suit No.33 of 2000 in the Court of Assistant Judge, Third Court, Dhaka, praying for a decree for declaration of his title in the suit-land and recovery of the khas possession, contending, inter alia, that the suit land originally belonged to la..Category: Property Law | Date: | Hits: 21
Khandakar (Md.) Shahjahan Vs. Md. Atiar Rahman Monshi & others, 2000, 29 CLC (HCD)
....nior Assistant Secretary, Election 1 dated 24-11-1997 to District Election Officer and Registration Officer wherein it is stated that under the rules after declaration of election schedule and before holding of election no inclusion or correction could be made by District Election Officer and Regist......half of petitioner are catalogued hereunder. (i) Learned District Judge cannot transfer Election Appeal to learned Subordinate Judge and learned Subordinate Judge is not contemplated in the Local Government (Union Parishad) Ordinance, 1983 and rules framed thereunder as Election Appellate Tribuna..Category: Election Law | Date: | Hits: 89
Fazlur Rahman & 38 others Vs. Government of Bangladesh and others, 1999, 28 CLC (HCD)
....ommencement of the said new Rule 5A whereupon the Zilla Nikah Registrar advisory committee recommended to the respondent No.1 to grant permanent licence for the said area. But the respondents are withholding granting of the said licence to the petitioner. The petitioner put an application for amendm......reme Court High Court Division (Special Original Jurisdiction) Present: Mohammad Fazlul Karim J Md. Tafazzul Islam J Fazlur Rahman & 38 others……..Petitioners Vs. Government of Bangladesh and others…………….Respondents Judgment March 22, 1999. Ca..Category: Constitutional Law | Date: | Hits: 109
Golam Mostafa Vs. Begum Rokeya Khandaker & others, 2001, 30 CLC (HCD)
....se. The said Miscellaneous Case was renumbered as Miscellaneous Case No.18 of 1990 on transfer to second Court of Senior Assistant Judge, Narayanganj. Pre-emptee-petitioner was a stranger to the case holding. 3. Petitioner of Civil Revision petition as pre-emptee resisted Miscellaneous Case on pr......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...Category: Property Law | Date: | Hits: 23
Fazar Ali Vs. Mizanur Rahman and another, 2010, 39 CLC (AD)
....e as genuine one. He further submitted that in view of the admitted fact that the agreement was all along in the possession of the plaintiff, the High Court Division committed error of law in not holding that the appellate court below wrongly placed the onus upon the defendant for configuration ......with the concurrent findings of fact. We, therefore, find no reason to interfere with the same. The petition is accordingly dismissed. Ed. This Case is also Reported in: VII ADC (2010) 518...Category: Property Law | Date: | Hits: 23
Most. Selina Banu Bewa and others Vs. Most. Jamila khatun and another, 2009, 38 CLC (AD)
....me. 5. We have heard the learned Advocate-on-Record, perused the records as well as the impugned judgment and order. 6. As it appears the High Court Division rejected the revisional application holding that the plaintiff filed the present suit for cancellation of the deeds on the ground of for......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
Ebrahim Steel Re-Rolling Industries (Pvt.) Limited Vs. Bangladesh and others, 2010, 39 CLC (AD)
....004 for realization of the decrial amount. 4. Mr. B. Hossain, learned Advocate-on-Record, appearing for the petitioner submitted that the High Court Division committed an error of law in not holding that the letters written by the writ-respondent Bank to the writ-petitioner constituted a pr......we find no substance in the submissions of the learned Advocate-on-Record for the petitioner. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: VII ADC (2010) 495. ..Category: Banking Law | Date: | Hits: 95
Charupado Mondol and others Vs. Chinmay Bachar and others, 2009, 38 CLC (AD)
....s affirmed by the plaintiffs in Title Suit No.384 of 1968. The Judges of the High Court Division set aside the said order of the learned Joint District Judge and allowed the application for amendment holding that addition of a relief to the plaint does not in way change the nature and character of t......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
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