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Suresh Majumder and Others Vs. Government of Bangladesh & Others, 1998, 27 CLC (HCD)
....ite party Nos.13-16 as defendants praying for a declaration of their rayati rights and title in the disputed land. It is asserted by the plaintiffs that they are recorded owner in possession of the property covered by R.S. Khatian No.61 at a jama of Tk.752/14 annas. The defendants after Diara sett....... This Case is also Reported in: 42 DLR (1990) 10. ......that the disputed plots being accreted lands have already been leased out by the Government in the year 1973-74 as the same were vested in Government under P.O.72/72 and P.O. 137/72 and all suits and legal proceedings relating to title are barred under the said provisions of law. The withdrawing p..Category: Procedural Law | Date: | Hits: 82
....ted. 15. 10.85 (Annexure E') as per decisions contained in Memo No.6501/3/ML/-2/E/ ' 147 dated 1.11.86 (Annexure 'H') on such other or further order or orders passed as to this Court may seem fit and proper...................."
16. The reasons for the limited Rule instead of according to the whol......Jurisdiction)
Present:
Abdul Matin Khan Chowdhury J
Naimuddin Ahmed J
Mahtabuddin Ahmed.......................Petitioner
Vs.
The Principal Secretary, President's Secretariat, Dhaka and Others......Respondents
Judgment
November 14, 1989.
Result:
The order passed to revi...... that the petitioner was dismissed from service by an order dated 15.10.85 passed by the Chief Martial Law Administrator under the authority of Martial Law Order No.9 of 1982. The petitioner has no legal right to challenge the dismissal order as the said action has been protected by the Constituti..
Category: Employment/Service Law | Date: | Hits: 209
State Vs. Md. Sirajul Islam and others, 2012, 41 CLC (HCD)
....Hossain. Aktar Hossain claimed his share of rent of their paternal Hotel at Ananda Bazar of Brahmonbaria but failed to get his share from Siraj. Siraj used to enjoy the income alone of their paternal property at Brahmonbaria town and native village. Aktar Hossain and his wife Julie claimed their mon...... ......recorded his confession at his chamber. The said confessional statement of Piyas was marked as Ext.13. The paper clearly manifests that the learned Magistrate recorded the statement observing all the legal formalities. The accused did not complain of Police torture and maltreatment and he was given ..Category: Criminal Law | Date: | Hits: 105
Hafez Mawlana Humayun Kabir Vs. Md. Lokman and others, 2012, 41 CLC (HCD)
....inding upon the plaintiffs. 3. The defendants contested the suit by filing two separate written statements denying all the material allegations of the plaint contending, inter alia, that the suit property was rightly recorded in the MRR survey and the plaintiffs were fully aware of such record. ......resent: Sheikh Abdul Awal J Hafez Mawlana Humayun Kabir, Director, Hazrat Abu Sidique (Rh) Madrasha, Purba Keroya, Raipur, Laishmipur ................ Defendant-petitioner. Vs. Md. Lokman and others ......................Plaintiff-opposite parties. Judgment March 1, 2012. Resul......nder “Ga” schedule to the plaint of the suit and the order for changing the classification of the suit land made by the defendant No.1 in Miscellaneous File No.23/2001-2002 (change of class) is illegal, void, ineffective and not binding upon the plaintiffs. 3. The defendants contested the su..Category: Procedural Law | Date: | Hits: 113
Zeenat Mosharraf Vs. Md. Sirajul Huq, District Anti-Corruption Officer & others, 2001, 30 CLC (HCD)
.... petition should not be declared to have been made without any lawful authority and to be of no legal effect and/or pass such other or further order or orders passed as to this court may seem fit and proper. 2. The petitioner in this writ petition impugned Memo No.131 DAB (Dhaka) dated 24-2‑9...... the purpose of investigation of offence under sections 403/406/408/409 etc. of the Penal Code as provided in proviso (a) to section 165 CrPC. Since in the impugned Memos no case number was mentioned and no allegation of offence or accusation was disclosed and there is also no mention whether the im......ther the impugned permission of the Sessions Judge was necessary for the purpose of investigation of offence against the petitioner, in our opinion, the learned Sessions Judge respondent No.5 acted illegally in according permission and, as such, the impugned memos directing the petitioner to remain ..Category: Criminal Law | Date: | Hits: 305
Ka Bi Ma Iftekhar Anam Vs. State & another, 2010, 39 CLC (HCD)
.... granted earlier shall stand vacated. Send a copy of this order to the Assistant Sessions Judge, 3rd Court, Rajshahi for compliance. Ed. This Case is also Reported in: 63 DLR (HD) (2011) 338. ......ance of the same against the accused petitioner under section 138 of the Negotiable Instruments Act, 2006 vide its order dated 3-6-2007. 3. The prosecution case, in short is that the complainant and the accused petitioner are businessmen by profession and due to business purpose, there has be...... Eastern Bank Ltd. Shaheb Bazar Branch, Rajshahi for collection and the said cheque was bounced in the remark of "Payment stop by the drawer" and that thereafter the complainant on 12-4-2007 served a legal notice through his learned Advocate which was received by the accused petitioner on 17-4-2007 ..Category: Criminal Law | Date: | Hits: 94
Abu Hena Mostafa Kamal & another Vs. Bangladesh and others, 2011, 40 CLC (HCD)
....es impugned against in all the petitions are hereby declared to have been passed without lawful authority and are of no legal effect. Ed. This Case is also Reported in: 63 DLR (HD) (2011) 334. ......rt Division (Special Original Jurisdiction) Present: Md. Ashfaqul Islam J SM Emdadul Hoque J Abu Hena Mostafa Kamal & another…………………Petitioners Vs. Bangladesh and others…………………Respondents Judgment January 27, 2011. Result: The Rules ......d by the Extra Assistant Commissioner of Taxes Circle-26, Taxes Zone-03, Chittagong attempting to re-open income tax case of the petitioner for the assessment year 2007-2008, should not be declared illegal, without lawful authority and is of no legal effect. In other petitions also the same notice h..Category: Fiscal/Taxation Law | Date: | Hits: 167
AFM Hamidul Hoque Vs. Director, National Savings Directorate and others, 2002, 31 CLC (HCD)
....he appeal. Under the above circumstances, we find merit in this Rule. In the result the Rule is discharged without any order as to costs. Ed. This Case is also Reported in: 55 DLR (2003) 455.......nt: SAN Mominur Rahman J Md. Arayesuddin J AFM Hamidul Hoque...…………………………………………………………..Petitioner Vs. Director, National Savings Directorate and others……………….Respondents Judgment July 28, 2002. Result: The Rule is dis......titioner from the post of Sanchaya Officer under Rule 11 (1) of the Government Servants (Discipline and Appeal) Rules, 1985 should not be declared to have been made without lawful authority and of no legal effect. 2. Facts necessary to dispose of this Rule, in brief, is that the petitioner at the..Category: Employment/Service Law | Date: | Hits: 147
Sadia Chowdhury Parag Vs. Chairman, Film Censor Board & others, 2003, 32 CLC (HCD)
....3 from releasing and exhibiting the film 'Hason Raja' pending bearing of the Rule. D) Make the Rule absolute. E) Pass such other or further order or orders as to your Lordships may deem fit and proper.” 3. Having gone through the prayer and having heard the submissions of Mr. Shorful Isla......be suspended till hearing of the Rule as prayed for. Release of the film was stayed for 4 (four) weeks by order dated 14‑12‑2002. 2. On a reference to the prayer we have noticed a very unusual and curious phenomenon i.e. prayer (A) was couched/made in the manner as follows: "A) Issue a Rul......calling upon respondent No.1 to show cause, why the censorship certificate issued for screening the film 'Hason Raja' should not be declared to have been done without lawful authority and to be of no legal effect. Instead the prayer was couched in the following language is contained in prayer ”A" ..Category: Civil Law | Date: | Hits: 210
Moti Miah Vs. Ful Miah and others, 2008, 37 CLC (HCD)
....d by thelearned Senior Assistant Judge, Nasirnagar, Brahmanbariain Title Suit No.16 of 2003 should not beset aside and or such other or further order or orderspassed as to this Court may seem fit and proper. 2. The petitioner as plaintiff instituted a suit for recovery of possession under section......CD) (2008) 279. ......sh Krishi Bank, Nasirnagar Branch, by mortgaging the suit land and was paying taxes and rent to the concerned authorities and the defendants did not possess the suit land and on several dates, they illegally dispossessed the plaintiff from the suit land and hence the present suit. 4. The defendan..Category: Property Law | Date: | Hits: 121
Nitai Kumar Mondol Vs. Judge, Artha Rin Adalat, and another, 2008, 37 CLC (HCD)
....eir submissions. 8. On going to the materials on record it transpires to us that after due compliance of the provisions of section 33 of the Ain 2003, all necessary measures were taken to sell the property in auction, but with no effect. Eventually on the prayer of the decree holder bank, the Ada...... Court High Court Division (Special Original Jurisdiction) Present: Zinat Ara J SM Ziaul Karim J Nitai Kumar Mondol………………..Petitioner Vs. Judge, Artha Rin Adalat, and another………………..Respondents Judgment November 20, 2008. Result: The Rule ......he petitioner in Civil Prison for a period of six months and issuing warrant of arrest (Annexure-D to the writ petition) should not be declared to have been made without lawful authority and is of no legal effect. 2. Short facts leading to this Rule are that the respondent No.2, Sonali Bank, as p..Category: Civil Law | Date: | Hits: 140
Syeda Sajeda Chowdhury Vs. State, 2010, 39 CLC (HCD)
.... PS CaseNo.1(8)2002 dated 1-8-2002, now pending in the Court of Divisional Special Judge, Dhaka should notbe quashed and/or pass such other or further order ororders as to this Court may seem fit and proper. 2. The facts relevant for disposal of the rule, in short, are that the Government through......okanuddin Mahmud, Senior Advocate with Mohammad Mutahar Hossain, Advocate - For the Accused-Petitioner. Md. Motahar Hossain, Deputy Attorney-General with Mahbub-ul-Alam, Assistant Attorney-General and Md. Bashir Ullah, Assistant Attorney-General - For the State. Md. Khurshid Alam Khan, Advocat...... situated in Banani area and, as such, this provision of section 5(1), clause(d) of the prevention of Corruption Act, 1947 attracted and it is very much triable by the Special Judge and there is no illegality in taking cognizance by the Divisional Special Judge in this case. But in respect of sectio..Category: Criminal Law | Date: | Hits: 137
Nrependra Nath Saha and anothers Vs. Haripada Saha & another, 2009, 38 CLC (HCD)
....vocate for the petitioners placed before me the Judgments of the Courts below with short background of his case and pointed out the legal position of his case in the plaint that the owner of the suit property was one Thakur Das Shaha and Goshai Das Shaha and their names were correctly recorded in th...... This Case is also Reported in: 62 DLR (HCD) (2010) 438. ......et aside to ensure justice. In course of his argument the learned Advocate for the petitioners placed before me the Judgments of the Courts below with short background of his case and pointed out the legal position of his case in the plaint that the owner of the suit property was one Thakur Das Shah..Category: Property Law | Date: | Hits: 83
Wahed Asgar Chowdhury Vs. Judge 2nd Artha Rin Adalat & others, 2010, 39 CLC (HCD)
....s: Wahed Jute Mills Ltd. availed loan facility of Taka 48 Lakhs from the respondent Nos. 3-12 banks by way of bridge loan in the year 1980. As collateral security against the said loan immovable properties belonging to the Wahed Jute Mills Ltd. were mortgage to the respondent banks by way of ......n the order No.69 dated 13-5-1998 passed by the 2nd Artha Rin Adalat, Chittagong in Mortgage Suit No.6 of 1988 making the preliminary decree dated 29-8-1991 final, the said decree signed on 23-6-1998 and also the Execution Case No.215 of 2004 started on the basis of that final decree dated 23-6-1998......e main contention that the application for drawing the final decree was filed long after the statutory period of limitation and, as such, the impugned final decree drawn on such application was illegal and, as such, the impugned execution case also started on the basis of this illegal decree i..Category: Civil Law | Date: | Hits: 134
Abu Bakkar Siddique (Md.) and others Vs. Md. Abdur Rab Khandaker & others, 2010, 39 CLC (HCD)
....-1996 passed by the Senior Assistant Judge, Mithapukur, Rangpur in Other Suit No.48 of 1993 should not be set aside and/or pass such other or further order or orders as to this Court may seem fit and proper. 2. The opposite party as plaintiffs instituted Miscellaneous Case being No.48 of 1993 in ...... Ed. This Case is also Reported in: 63 DLR (HD) (2011) 326. ......stered sale deed by in vain subsequently defendant No.1 informed the plaintiffs that he would not execute sale deed if another Taka 20,000 were not paid to defendant No.1; that the plaintiff sent a legal notice to defendant No.1 through their lawyer on 16-3-1993 but no response was made; that find..Category: Property Law | Date: | Hits: 90
Kartic Das Gupta Vs. Election Commission and others, 2011, 40 CLC (HCD)
....le 2(25) which precisely prescribes that the voter list prepared under Act No.6 of 2009 is “আইনের অধীনে চূড়ান্ত ভোটার তালিকা”. Moreover, on proper examination of the entire provisions of the Act No.58 of 2009 and the Rules, 2010 we failed a...... High Court Division (Special Original Jurisdiction) Present: Farah Mahbub J Farid Ahmed J Kartic Das Gupta……………………………Petitioner Vs. Election Commission and others……………………………Respondents Judgment February 15, 2011. Result: ......1 for holding Paurashava election without preparing a fresh voter list excluding the Rohingyas, the citizen of Myanmar, should not be declared to have made without lawful authority and hence, of no legal effect and why the respondents should not be directed to prepare a fresh voter list excludin..Category: Election Law | Date: | Hits: 217
Abul Khair & another Vs. State, 2002, 31 CLC (HCD)
....he offence thereunder. Accused-appellant Imam Hossain Patwari be set at liberty, if not required in any other case. Record be sent down. Ed. This Case is also Reported in: 55 DLR (2003) 437. ......………………..Respondent Judgment December 10, 2002. Result: The Appeal is dismissed. Cases Referred to- Wajear Rahman Moral (Md.) Vs. State, 43 DLR (AD) 25; Amarkumar Thakur and others Vs. State, 1988 BLD (AD) 101=40 DLR (AD) 147. Lawyers Involved: Mojibur Rahman with......ve. He accordingly, contends that story of recognition of the assailant (accused Abul Khair) by P.Ws.2‑6 was totally untraced and false. He contends that in above context learned trial Court had no legal evidence on the record to find both appellants guilty under sections 302 and 302/109 Penal Cod..Category: Criminal Law | Date: | Hits: 97
Hasina Khatoon and another Vs. Md. Samsur Rahman and others, 1997, 26 CLC (HCD)
....discretion has to be exercised according to sound judicial principles keeping in view all relevant facts and circumstances of the case. Order 1 rule 10(2) CPC provides for addition of "necessary" or "proper" parties and striking out of unnecessary and improper parties. A person may be added as a par......this order. Ed. This Case is also Reported in: 49 DLR (HD) (1997) 187. ......leadings is, of course, subject to any valid objection on the point of limitation that may apply in the case but this amendment by itself does not cause any prejudice to the preemptors by putting any legal impediment in their defence. In the facts and circumstance of the case, I do not think that th..Category: Property Law | Date: | Hits: 94
Shamsul Huq Chowdhury Vs. Justice Md. Abdur Rouf & others, 1995, 24 CLC (HCD)
....ntial question of law as to the interpretation of the Constitution. The prayer is allowed and certificate prayed for is hereby granted. Ed. This Case is also Reported in: 49 DLR (HD) (1997) 176.......ule is discharged. Cases Referred to- AIR 1967 (Kerala) 259; 39 DLR (AD) 59; Writ Petition No.37 of 1987 (Not reported); Bangladesh Vs. Md. Habibur Rahman alias Manu, 31 DLR (AD) 152; Jamil Huq and others Vs. Bangladesh and others, 34 DLR 125; Halsbury's Laws of Engladcsh (3rd Edition Vol-III ......(ii) of the Constitution which provides that on the application of any person, the High Court Division may enquire whether a person holding of purporting to hold any public office is holding it under legal authority. The writ of quo warranto will issue where there is a clear violation of constitutio..Category: Constitutional Law | Date: | Hits: 353
....be set aside.
2. The short fact leading to this Rule is that, Opposite Party No.1 as plaintiff instituted the aforesaid suit for realisation of Taka 93,35,483.00 from this petitioner by sale of the property mentioned in the schedule attached to the plaint which was mortgaged with the plaintiff opp......e Court
High Court Division
(Civil Revisional Jurisdiction)
Present:
Mahmudul Amin Choudhury J
Gour Gopal Saha J
Kazi Gowaherul Islam (KJ Islam)……………Petitioner
Vs.
Standard Co-operative Credit Society Ltd and another………………Opposite Party
Judgment
M......that Court. The plaintiff has not obtained any licence and their status is not that of a financial institution as contemplated under the Artha Rin Adalat Ain and the trial Court committed wrong and illegality in not returning the plaint to the filing Advocate for presentation before the proper Court..
Category: Civil Law | Date: | Hits: 135
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