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Siraj Mia (Md.) Vs. Nasima Akhter and another, 2002, 31 CLC (HCD)
....laintiff is directed to put in stamp duty and registration fee on the valuation of the suit land at Taka 1,68,000 shown in the plaint. Ed. This Case is also Reported in: 55 DLR (HCD) (2003) 554.......he defendant No.1 would have taken care to know about the stage of the suit and further there is also nothing on the record for such laches or filing any complaint before the Bar Council. 10. Next question is, whether consideration amount was paid. Though the plaintiff in the plaint categorically......ilÂ-Ewaz. 5. Mr. ASM Wahidul Momen Chowdhury, the learned Advocate for the defendant No.1 respondent, submits that although the grounds shown for dismissal of the suit is not satisfactory but the facts remain that the plaintiff, even in the case of exparte disposal is required to prove his own c..Category: Property Law | Date: | Hits: 104
Bijoy Kumar Shaha Vs. DC, Chuadanga and others, 2002, 31 CLC (HCD)
....r the law to get all his legitimate dues all through as the Principal of the College. Send down the lower Courts records at once. Ed. This Case is also Reported in: 55 DLR (HCD) (2003) 550. ......r the law to get all his legitimate dues all through as the Principal of the College. Send down the lower Courts records at once. Ed. This Case is also Reported in: 55 DLR (HCD) (2003) 550. ......in Title Appeal No.73 of 2001 on reversing the judgment and decree dated 6‑8-2002 passed by the 2nd Court of Subordinate Judge, Chuadanga in Title Suit No.10 of 1999 decreeing the suit. 2. Short facts relevant for the purpose of the case are that the petitioner as plaintiff instituted Title Sui..Category: Employment/Service Law | Date: | Hits: 194
....the above observation. Let a copy of the Judgment and order be sent to the concerned authorÂity for information and necessary action.
Ed.
This Case is also Reported in: 63 DLR (HCD) (2011) 517. ......nstallments and the learned Advocate for the respondent also admits that the final allotment of the petitioner has not been canÂcelled. So the allotment letter is still alive and if the allotment in question has not yet been cancelled the petitioner has a reasonable ground to get the final allotmen......§§/১০/২০০ৠ(Annexure-A to the petition) and/or pass such other or further order or orders as to this Court may seem fit and proper.
2. For the purpose of disposal of the Rule the short facts of the petitioner's case are as follows:
The petitioner was the Chairman of Bangladesh Road..
Category: Property Law | Date: | Hits: 115
Cyma Zarrar Vs. Arab Bangladesh Bank Limited and others, 2010, 39 CLC (HCD)
....t District Judge and Artha Rin Adalat No.3 in Miscellaneous Case No.9 of 2005 are hereby affirmed. There is no order as to costs. Ed. This Case is also Reported in: 63 DLR (HCD) (2011) 514. ......Civil Revision No.1919 with 4232 of 2009. Judgment Quamrul Islam Siddiqui J.- Both the Rules were heard analogously and are being disposed of by this common judgment as they do involve comÂmon question of law and facts. 2. In Civil Revision No.1919 of 2009 Rule was issued on an application......19 with 4232 of 2009. Judgment Quamrul Islam Siddiqui J.- Both the Rules were heard analogously and are being disposed of by this common judgment as they do involve comÂmon question of law and facts. 2. In Civil Revision No.1919 of 2009 Rule was issued on an application for revision made b..Category: Procedural Law | Date: | Hits: 121
Lila Begum and others Vs. Faruque Meah and another, 2010, 39 CLC (HCD)
....in both the Revisions are hereby recalled and vacated. Send down the LC Record immediately. However, there is no order as to costs. Ed. This Case is also Reported in: 63 DLR (HCD) (2011) 507. ...... as per the provision of law provides in Order XLI, rule 27 of the Code of Civil Procedure the additional evidence as placed by the petitioners cannot be accepted at this stage since the documents in question had not been mentioned in the written statement or in their oral evidence by the defendants......in both the Revisions are hereby recalled and vacated. Send down the LC Record immediately. However, there is no order as to costs. Ed. This Case is also Reported in: 63 DLR (HCD) (2011) 507. ..Category: Property Law | Date: | Hits: 97
ABM Quabil Ahmed Vs. Secretary, Ministry of Health and another, 1991, 20 CLC (HCD)
....n within a reasonable time. The Rule is, accordingly, discharged with above observation. There shall be no order as to costs. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 385.......ury J.- This Writ Petition was earlier heard by a division bench comprising MH Raman and Kazi Ebadul Hoque JJ. As the learned Judges, by delivering separate Judgments, differed from each other on the questions involved in the case the learned Chief Justice has referred the matter to me for hearing a......n within a reasonable time. The Rule is, accordingly, discharged with above observation. There shall be no order as to costs. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 385...Category: Others | Date: | Hits: 154
Dalilur Rahman and others Vs. State, 1991, 20 CLC (HCD)
....nted by this court be discharged from his bail bond. Let the Criminal Revision No.1020 (R)/91 be disposed of accordingly. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 379. ......nted by this court be discharged from his bail bond. Let the Criminal Revision No.1020 (R)/91 be disposed of accordingly. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 379. ......sses in the FIR and also about the dying declaration Ext. 3 allegedly recorded by the P.W.17 Dr. Nur Mohammad and attested by the local Chairman P.W.13 Moklesur Rahman nor did she mention about vital facts attempted to be proved in court during the trial. He further submitted that all the P.Ws. are ..Category: Criminal Law | Date: | Hits: 148
Hellenic Lines Ltd. Vs. People's Republic of Bangladesh, 1985, 14 CLC (HCD)
....smissed without any order as to costs. The judgment and decree passed by the trial Court are affirmed. Md. Abdul Jalil J.- I agree. Ed. This Case is also Reported in: 39 DLR (HCD) (1987) 93.......bject of claim is not settled within 10 days the plaintiff will be compelled to institute a suit. Thereafter defendant No.4 by their letter Ext. 5(k) dated 31st January, 1969 repÂlied, "The drums in question landed ex the vessel on 22.02.1968. The survey although alloÂwed by us was not held for re......smissed without any order as to costs. The judgment and decree passed by the trial Court are affirmed. Md. Abdul Jalil J.- I agree. Ed. This Case is also Reported in: 39 DLR (HCD) (1987) 93...Category: Business or Commercial Law | Date: | Hits: 463
Shahr Banoo Mohsin Asgar and another Vs. Lailun Nahar Ershad and others, 1991, 20 CLC (HCD)
.... do application on merit. There shall, however, be no order as to costs. Let a copy of this order be sent down expeditiously. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 552.......xercise of its inherent powers it cannot entertain, an application for setting aside, an ex parte decree which is alleged to have been obtained on practising fraud upon the court itself ? This is the question for decision before me. The problem aims thus, in August, 1973, one Sk. AM Ershad, the pred......ant to the plaintiff and that the plaintiff took forcible possession of the ground floor in 1973." 2. It was further observed that the malafide conduct of the plaintiff being manifest upon such facts the discretionary relief cannot be granted in his favour. 3. The urisuccessful substitut..Category: Procedural Law | Date: | Hits: 130
Deputy Commissioner (Revenue), Sylhet Vs. Sudhir Chandra, 1991, 20 CLC (HCD)
.... rejected. The order passed in Civil Order No.2454/90 on 20‑12‑90 in connection with this application stands vacated. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 549. ...... rejected. The order passed in Civil Order No.2454/90 on 20‑12‑90 in connection with this application stands vacated. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 549. ...... ground that some important documents have been discovered after the disposal of the Rule by this Court. 6. It is claimed in the application under Order 47 rule 1 that certain new and important facts bearing upon the case has been discovered after disposal of the rule. In paragraph 8 of the ap..Category: Property Law | Date: | Hits: 157
....ction given above the learned Assistant Judge, Naria, shall report compliance to the Registrar, Supreme Court of Bangladesh, Dhaka.
Ed.
This Case is also Reported in: 44 DLR (HCD) (1992) 545.......ion is still in force and the defendants are bound to obey it. Mr. Rab in support of his contention has rcferw4 to the cam of Saski Mohan Sen Vs. Ainullah, 1992 BLD (AD) 8. In the aforesaid case, the question of enforcement of the decree for injunction came up for consideration before their Lordship......e as to why the order dated 20.8.90 passed by the learned Assistant Judge, Naria, District Sariatpur, dismissing the Title Execution Case No.23 of 1989 should not be set aside.
2. The following facts require special consideration for the purpose of disposal of this Rule. The plaintiffs institu..
Category: Property Law | Date: | Hits: 123
Shewe Hla Prue TK Vs. Commissioner, Chittagong Division, Chittagong and others, 1992, 21 CLC (HCD)
....ithout lawful authority and to be of no legal effect. In the result, the Rule is made absolute without any order as to costs. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 539.......ouza by the Headman. The respondent No.4 belonged to Tribe but only 40% population of Naithong Mouza is of Tripura Tribe and remaining 60% are mostly of Marma Tribe and Morong Tribe and therefore the question of the nomenclature of Tribal People of the Mouza is altogether an extraneous matter and wa......er stated during visit of the Commissioner, Chittagong Division (respondent No.1) to Bage Lake some 'Karbaries' of Naithong Mouza and some local people appeared before him and complained of the above facts and circumstances and also required to him to consider the appointment of respondent No.4 as h..Category: Others | Date: | Hits: 171
Ator Ali and others Vs. State, 1989, 18 CLC (HCD)
....iar Mia and the non‑appealing convict Siddique should be set at liberty forthwith, if not wanted in connection with any other case. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 478. ......iar Mia and the non‑appealing convict Siddique should be set at liberty forthwith, if not wanted in connection with any other case. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 478. ......as to be taken with great caution and in a number of cases it has been held that although an accomplice's evidence is sufficient to prove the prosecution case yet in each case the special feature and facts have to be taken into consideration. Section 133 of the Evidence Act must be read with illustr..Category: Criminal Law | Date: | Hits: 145
Padmabati Biswas Vs. Banglasdesh and others, 1992, 21 CLC (HCD)
.....9.42. Where after more accretion took place on the south of these lands and defendant No.27 possessed them till the date of attachment by the Collector. The said accreted land of defendant No.27 arc identical with block Nos.6 and 7 of the Collector's map. He also claims declaration of title and pos......cality by a competent surveyor and in the map the condition other river Kazibacha as it was at the time of CS operation and subsequent change of course as well as the situation of the three Mouzas in question, namely Tetultala, Jalma and Ringaman should he property depicted. 23. Mr. Moazzem Hossa......on contest against respondent No.1 and ex parte against the rest. Considering the circumstances there shall be no order as to costs. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 465. ..Category: Property Law | Date: | Hits: 118
Jagendra Lal Poddar Vs. Naresh Chandra Poddar and others, 1985, 14 CLC (HCD)
....r interference. Accordingly, the appeal is dismissed but having regard to the circumstances of the case I make no order as to cost. Ed. This Case is also Reported in: 39 DLR (HCD) (1987) 54. ...... joint to establish the fact. But where it is established that the family possessed some joint property which from its nature and relative value may have formed the nucleus from which the property in question may have been acquired, the burden shifts to the party alleging self acquisition to establi......ourt of Munsif, Chandpur and that after the expiry of the fixed period he has been holÂding over the suit land and has been possesÂsing the same by adverse possession. 4. On consideration of the facts and cirÂcumstances of the case and oral and documenÂtary evidence adduced by the parties the..Category: Property Law | Date: | Hits: 111
Mrs. Nafiza Mariam Vs. State, 1985, 14 CLC (HCD)
....zlul Huda must be and is directed to be released forthwith. The rule is accordingly made absolute. Abdul Bari Sarker J. - I agree. Ed. This Case is also Reported in: 39 DLR (HCD) (1987) 50. ......e detenue on the expiry of 120 days is illegal and is without lawful authority. The learned Advocate submits that the detenue is entitled to be released from detention forthwith. 6. As regards the question of illegality of the order of remand to police custody by the learned Magistrate beyond the......ication under secÂtion 491 CrPC, the affidavit-in-opposition and the supplementary affidavit filed on behalf of the Government and the affidavit-in-reply filed on behalf of the petitioner. 3. The facts, of the case relevant for disposal of the Rule appearing from these materials placed by the pa..Category: Criminal Law | Date: | Hits: 116
Chairman, Chittagong Port AuthoÂrity, Chittagong Vs. Kalipada Dey & others, 1986, 15 CLC (HCD)
....t, the Rule is made absolute without any order as to costs and the impuÂgned order is set aside. Mohammed Abdur Rouf J. - I agree. Ed. This Case is also Reported in: 39 DLR (HCD) (1987) 39. ...... for being considered for selection to the higÂher post of Traffic Inspector. So, whether the dispute as raised by these seven responÂdents can be regarded as an industrial dispute is the fore-most question to be considered and decided. 8. In section 2 (XIII) industrial disputes has been define......t, the Rule is made absolute without any order as to costs and the impuÂgned order is set aside. Mohammed Abdur Rouf J. - I agree. Ed. This Case is also Reported in: 39 DLR (HCD) (1987) 39. ..Category: Labour and Industrial Law | Date: | Hits: 204
Wing Commander M Hamidullah Khan Bir Protik Vs. Bangladesh and others, 2011, 40 CLC (HCD)
....without their trial by competent Courts/Tribunal. 5. On the other hand, Mr. Abdus Salam Mondal the learned Deputy Attorney-General instantly made his appearance to draw our notice to the fact that identical prayer in another writ petition No.7093/2010 filed by the same Advocate on behalf of one A......w or the Constitution. Apart from that the petitioner has no substantive interest herein. In addition, an international agreement which was acted upon more than three decades back cannot be called in question in Court. The instant application is a misconceived and has been preferred with an ulter......e matter was adjourned. Keeping in mind the message conveyed by the learned Advocate for the petitioner and for reasons which will be apparent hereafter, I do not propose to enter into the merits and facts to the petition. 26. It is noted that the petitions in Writ Petition No.7093 of 2010 and Wr..Category: Constitutional Law | Date: | Hits: 314
....py of this judgment and order be communicated to the learned Senior Assistant Judge, Barguna for his information and necessary action.
Ed.
This Case is also Reported in: 55 DLR (HCD) (2003) 542.......1997 and prayed for a declaration that the aforesaid deed of settlement is void, illegal, without jurisdiction, collusive and without any legal effect. These brief facts have evoked a number of legal questions:
(i) Whether the Ministry of Health can maintain a suit against the Government;
(ii)......dge, Barguna in Title Suit No.55 of 1997 and prayed for a declaration that the aforesaid deed of settlement is void, illegal, without jurisdiction, collusive and without any legal effect. These brief facts have evoked a number of legal questions:
(i) Whether the Ministry of Health can maintain a ..
Category: Procedural Law | Date: | Hits: 146
Mohiuddin Ahmed and others Vs. Government of BanglaÂdesh and others, 2011, 40 CLC (HCD)
....r as to costs. The order of stay granted earlier by this Court is vacated. Send a copy of this Judgment to the trial Court below. Ed. This Case is also Reported in: 63 DLR (HCD) (2011) 504.......ed by the respective parties. 12. It appears from the order of the trial Court that upon hearing the application preferred by the defendant petitioners, rejected the same with the finding that the question raised in the application are mostly decidable during trial and the question may be enuncia.......120 of 2004 Rejecting an application filed by the defendant-petitioners under Order 7 rule 11 read with sections 11 and 151 of the Code of Civil Procedure should not be set-aside. 2. The relevant facts of this case are that the present opposite party as plaintiff instituted the Title Suit No.120..Category: Property Law | Date: | Hits: 121
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