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....onnection with any other case.
Let a copy of this order be communicated to the Deputy Commissioner, Gaibandha for necessary action.
Ed.
This case is also Reported in:49 DLR (HCD) (1997) 344.
......ained as a member of a class, or as filling a particular character," by this test and in view of the decision cited by Mr. Hyder Ali reported in 33 DLR (AD) 141 (SLM Nurul Huq Vs. State) where a question arose as to whether an order passed in review by the Sessions Judge under Regulation 4 of M......essionsJudge to prepare the "Review note" and acted on the recommendation made therein to convict the petitioner who was acquitted by the SummaryMartial Law Courtby giving reasons based on finding of facts and thereby the CMLA shared his power ofreview with theSessions Judge of which there is no san..
Category: Constitutional Law | Date: | Hits: 259
....h, of no legal effect.
Order of stay granted in this Rule stands vacated.
Communicate the judgment to the respondent Nos. 1-13.
Ed.
This Case is also Reported in: 16 BLC (HCD) (2011) 123.
......as completed, the lands were identified through longitude and latitude. Relying on the above memos, the Department of Forest stated aforestation of mangrove species particularly kewra in the lands in question. Subsequently, a memo or respondent No.3, 30 October, 1996 informed all concerned that land......undaries or borders; ownership of the same belongs to the State and not the government to allow arbitrary decisions over the same in violation of lawful decisions and documents.
46. From the above facts and circumstances, we hold that the respondents Nos. 6, 7, 8,11 and 12 have no authority to ..
Category: Environmental Law | Date: | Hits: 891
Baquer Siddiqui (Md.) Jounpuri and another Vs. State and another, 2008, 37 CLC (HCD)
....shed. Let a Copy of this judgment he transmitted to the Chief Metropolitan Magistrate, Dhaka for information and necessary action. Ed. This Case is also Reported in: 16 BLC (HCD) (2011) 118. ......ed Advocate for the petitioners submits that petitioner No.1 as plaintiff instituted aforesaid Title Suit No.371 of 1998 impleading Ms. Ummay Kulsum Siddiqua Huda the alleged Chairman of the trust in question as defendant seeking (a) decree for a declaration of right, title and interest of the plain......No.4182 of 1998 pending on the Court Chief Metropolitan Magistrate, Dhaka should not be quashed and/or such other or under order or orders passed as to this Court may seem fit and proper. 2. Short facts relevant for the purpose of disposal of this Rule are that one Md. Moktadul Hoque claiming him..Category: Criminal Law | Date: | Hits: 70
Abul Kashem Shawdagar Vs. Abdur Razzaque & others, 1983, 12 CLC (HCD)
....igation directed by the Court before cognizance has been taken. As such I refrain from giving my decision on the point indicated above. Ed. This Case is also Reported in:36 DLR (HCD) (1984) 63. ......amined 7 witnesses who stated that informant Mohammed Hossain, (driver) was not at all present at the time of the alleged occurrence and that one Assistant, namely, Farid was found driving a truck in question and running away immediately after the incident from the place of occurrence. On receipt of......led by the police. He further argues that the Magistrate has jurisdiction to direct further investigation and the police also can submit successive reports. The learned Advocate submitted that in the facts and circumstances of the present case the impugned order dated 29.09.1979 should be construed ..Category: Criminal Law | Date: | Hits: 93
Golam Ataher Chowdhury Vs. Administrator of Wakfs & others, 1984, 13 CLC (HCD)
....r as to costs. The impugned judgment and order of the learned District Judge is affirmed. Let the records be sent back immediately. Ed. This Case is also Reported in: 36 DLR (HCD) (1984) 56. ......uasem—For the Opposite parties. Civil Revision No.369 of 1983. Judgment Mustafa Kamal J.- This rule obtained under section 115(1) and 115(3) C.P.C. as they stood on 27.10.1983, calls into question the judgment and order dated 24.08.1983 passed by Mr. Mahmudul Amin Choudhury, District Jud......r as to costs. The impugned judgment and order of the learned District Judge is affirmed. Let the records be sent back immediately. Ed. This Case is also Reported in: 36 DLR (HCD) (1984) 56. ..Category: Trust/Waqf Law | Date: | Hits: 121
Harunur Rashid Bhuiyan Vs. Pubali Bank Ltd, and others, 2010, 39 CLC (HCD)
...., expedite the proceeding of the execution case. Let a copy of this judgment along with lower Court's record be sent down at once. Ed. This Case is also Reported in: 16 MLR (HCD) (2011) 209. ...... the Artha Rin Adalat Ain being the special statute providing to deposit 25% of the decretal amount as a pre-condition for filing an application by the 3rd party claimant is mandatory and as such the question of interference does not arise at all. Mr. Mamunur Rashid, finally submits that the grounds......in the Artha Rin Adalat and Joint District Judge, Court No.1, Lakshmipur directing the petitioner to deposit 25% of the decretal amount of the Artha Rin Suit No.01 of 1998 as security. 2. Material facts of the case as necessary for the disposal of the Rule are that the opposite party No.1 Pubali ..Category: Civil Law | Date: | Hits: 176
Fakir A Matin Vs. Gaosul Azam Bachchu, Vice President and others, 2010, 39 CLC (HCD)
....itional District Judge and another for theJoint Registrar, Divisional Cooperative Societies Office, Dhaka. No order as to cost. Ed. This Case is also Reported in: 16 MLR (HCD) (2011) 201. ...... as 276. 9. They have contended that since the petitioner was the candidate for election to a different post i.e. president and he actively participated in the election process without raising any question before the departmental authorities about the legality of the voter list or about the elect......iscellaneous Appeal No.27 of 2009 in respect of the opposite party Nos.1-4 being appellants of the said Appeal. 2. Earlier a Rule was issued on the matter and for disposal of the Rule the relevant facts are briefly stated below: 3. Petitioner's case. The Gafargaon UCCA is a registered Co-op..Category: Others | Date: | Hits: 140
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. ...... 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......nd sentence passed by the Additional Sessions Judge, Narayangonj in Sessions Case No. 33/89 on 6‑9‑91 have been heard together and will now be disposed of by this common Judgment. 2. The short facts as narrated in the FIR and gathered from the evidence are as follows: On 10‑12‑88 at ab..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.
......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......ning to the right acquired by third parties against a P. & I. club under a contract of indemnity between the P. & I. club and their members and that the application of the decision of these facts and circumstances is at best misconceived. It is evident that in The "Fanti" and the "Padre ..
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)
....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. ......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 ......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. ..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:
......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......ary Affidavits-in-Opposition, Affidavit-in- reply and the Annexures.
20. Maintainability of the Rule has been challenged by the learned Advocate for the Respondent No.5 firstly on the ground that facts are disputed and secondly since the Petitioner has filed a Criminal Case against the Responden..
Category: Others | Date: | Hits: 146
Prodeep Kumar Bhadra Vs. Sree Chandra Kanta Mondal and others, 2009, 38 CLC (HCD)
.... 1995 is set aside. Title Suit No.9 of 1995 is dismissed. Send down the 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...... 1995 is set aside. Title Suit No.9 of 1995 is dismissed. Send down the lower court records at once. AKM Abdul Hakim J.- I agree. Ed. This Case is also Reported in: 7 LG (HCD) (2010) 35. ..Category: Property Law | Date: | Hits: 134
Shawkat Ali Chowdhury Vs. G. Murshed Reza and others, 2009, 38 CLC (HCD)
....o proceed with the suit in accordance with law. Send down the lower Court 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 ......nt in possession. 10. Learned Advocate next relied on the decision of Abdur Rashid alias Bhulu and others Vs. Moulana Mobaswar Ahmed and others, 8 BLC (AD) 11, where it has been held that, the facts as noticed by the High Court Division are sufficient to hold that the nature of transactions a..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. ......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....... Tapan Kanti Das appearing on behalf of the convict-petitioner Md. Bachhu Miah while taken this court through the materials on record strenuously argues that this is a case of no evidences and the facts of commission of the offence by the convict-petitioner is so preposterous that the same cannot..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. ......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 ......the Joint District Judge and First Artha Rin Adalat, Dhaka allowing the application for making preliminary decree final under Order 34 Rule 5 of the Code of Civil Procedure. 2. Briefly stated, the facts are that the respondent No.2 Rupali Bank Ltd. Hazaribag Branch instituted Title Suit No.47/199..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. ......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......cept in case of urgent necessary, in which case notice there of shall be forthwith given to the superintendent." 8. From a plaint reading of Rules 485, 486 and 487 under the Jail Code, we find the facts and circumstances under which fetters can be imposed upon a prisoner and in this connection we..Category: Constitutional Law | Date: | Hits: 219
Sharif Uddin and another Vs. Bangladesh & others, 2009, 38 CLC (HCD)
.... No. 3437 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,......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......r of Ward No.3, No.5 of Budhbari Bazar Union Parishad and Md. Abdul Wadud, Member of Ward No.5, Budhbari Bazar Union Parishad, District Sylhet filed a joint affidavit-in-opposition narrating the same facts as that of the Government and supported the place for which administrative approval was given ..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. ......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......ting aside the judgment and Order dated 20-4-1998 passed by the learned Assistant Judge, 4th Court, Gazipur in Pre-emption Miscellaneous Case No.17 of 1996 should not be set-aside. 2. The relevant facts leading to the filing to this revision are as follows: The opposite Party No.1, Shakhina as..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.
......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...... acceptability to the tribal people and quality preserve the dignity of Bohmong chief, loyalty to the Republic, etc. are the determinants for the office of the Bohmong chief and considering all these facts respondent No.4 is the most appropriate choice and that the respondent No.4 has got a direct l..
Category: Civil Law | Date: | Hits: 185
Fazal Hossain (Md.) and others Vs. Md. Helal Mia & others, 2009, 38 CLC (HCD)
.... same is hereby maintained and upheld. Let copy of the judgment be sent to the Courts below expeditiously. Ed. 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......ty Nos.1-3 are co-sharers by inheritance and the opposite party Nos.1-3 are the contiguous land holder and that they got the land mutated and have been paying rents etc. That in view of the aforesaid facts and circumstances the present false pre-emption case of the petitioner is liable to be dismiss..Category: Property Law | Date: | Hits: 138
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