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Md. Shahar Ali and others Vs. Sree Sailesh Chandra Sen and others, 2012, 41 CLC (HCD)
....ded in their names against B.R.S. Khatian No. 3887, Plot Nos.6266 and 6167. Thereafter, Genda Bibi died leaving behind defendant Nos. 1-6 as her legal heirs and successors, who inherited her left out properties. Plaintiff being an employee of Sherpur Judge’s Court fraudulently obtained a decree in......mmunicate a copy of the judgment. Ed. This Case is also Reported in: ......vocate - for opposite party Nos.1-2. Civil Revision No. 3832 of 2003. Judgment Md. Ruhul Quddus J. - This Rule at the instance of the defendant-petitioners was issued calling in question the legality of judgment and order dated 25.3.2003 passed by the Additional District Judge, Sherpur in M..Category: Property Law | Date: | Hits: 84
Zillul Haq and others Vs. Maloti Bala Dey & others, 1998, 27 CLC (HCD)
....e ADC (Revenue) Sylhet are illegal and without jurisdiction and also for a permanent injunction restraining the defendant-opposite parties from interfering with her peaceful possession in the suit property. 2. The plaintiffs case, in short, is that, except the land covered by Khatian Nos. 399 ......he LCR at once. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 367.......transfer to the Court of Assistant Judge Sylhet praying for a declaration that the orders dated 13-11-1976 and 16-4-1977 passed in Miscellaneous Case No.20 of 1976 by the ADC (Revenue) Sylhet are illegal and without jurisdiction and also for a permanent injunction restraining the defendant-oppos..Category: Property Law | Date: | Hits: 88
Abul Kashem Vs. State, 1997, 26 CLC (HCD)
....d. Impugned conviction and sentence as aforesaid are set aside. Appellant Abul Kashem @ Kasum @ Kashu is discharged from his bail bond. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 356.......e Appellant. Syed Abu Kowser, Assistant Attorney-General - For the State. Criminal Appeal No.817 of 1991. Judgment Mohammad Gholam Rabbani J.- This appeal is directed against the judgment and order dated 28-5-1991 passed by the learned Special Tribunal Judge, Court No.1 Bogra, in Special......usly was not in exclusive possession of the appellant. 5. Mr. Syed Abu Kowser, learned Assistant Attorney-General supports the impugned judgment and submits that the conviction of the appellant is legal. 6. In the seizure list, Exhibit-1, place of recovery is described as hereunder. “ব..Category: Criminal Law | Date: | Hits: 94
Halima Jaman and other Vs. Government of Bangladesh, 1998, 27 CLC (HCD)
....ecree dated 12th April, 1994, passed by a Division Bench of this Court in First Appeal No.184 of 1990 should not be reviewed and/or such other order or orders passed as to this court may seem fit and proper. 2. Original plaintiff Asaduzzaman filed Title Suit No.101 of 1973 of the 4th court of lea......s Case is also Reported in: 50 DLR (HCD) (1998) 352. ...... 1 of the CPC. We find no merit in this application for review. The Rule is accordingly discharged without any order as to costs. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 352. ..Category: Property Law | Date: | Hits: 89
Shefali Rani and others Vs. Makhan Chandra Das and others, 1990, 19 CLC (HCD)
.... 1990. The appeal was contested and it was dismissed by the impugned judgment and decree dated 18-7-90 by the Subordinate Judge 1st Court, Lakshmipur. 3. The relevant facts of the case is that the property in dispute comprising an area of 0.35 acres land belonged admittedly to Subal alias Suddhan...... costs. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 341. ......ossess a very moity area of the suit land as permissive possession. 5. Defendant No.1 contested the suit by filing written statement contending, inter alia, that the disputed deeds are genuine and legal documents. There was no fraud or forgery in obtaining those documents. It has been further sta..Category: Procedural Law | Date: | Hits: 105
Shaheen Mahmood Alam (Md.) Vs. Ziaur Rahman & others, 1997, 26 CLC (HCD)
....on Parishad. No other ground taken in this petition was pressed by Mr. Sircar. In the result, the Rule is made absolute. No costs. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 346. ......ition No.7179 of 1997. Judgment AM Mahmudur Rahman J.- The petitioner impugnes the order of acceptance of nomination paper of the respondent No.1 seeking election as a Chairman of the local Kulkandi Union Parishad PS Islampur, District-Jamalpur. He submitted the nomination paper on 4-11-97. ......)(Chha) of the Ordinance and the order of acceptance of the nomination paper of the respondent No.1 by the respondent 2, the Returning Officer, has been accepted without lawful authority and is of no legal effect as it was accepted contrary to the provision of section 7(2)(Chha) of the Ordinance. Ac..Category: Election Law | Date: | Hits: 153
Mokthar Masum Abedin and others Vs. Nironjan Kumar Mondol and others, 1997, 26 CLC (HCD)
.... A brief resume of the events leading to issuance of this Rule would be quite instructive in the matter. Opposite Party No.1 is the plaintiff. He filed the suit as the reversioner of the owner of the properties under dispute in the suit. The defendant Nos. 1, 2 and 19 have been contesting the suit b......acated. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 341.......it for declaration of title and confirmation of possession and also a declaration that kabala deeds dated 7-4-1942 and 23-2-1943 and Danpatra deeds dated 12-5-1977 are forged, collusive and are of no legal effect. 2. A brief resume of the events leading to issuance of this Rule would be quite ins..Category: Procedural Law | Date: | Hits: 74
Ziauddin Ahmed Vs. Bangladesh,1994, 23 CLC (HCD)
.....92 issued by the respondent No. 1 under the signature of respondent No. 3 to be without any lawful authority and is of no legal effect. Ed. This Case is also Reported in: 47 DLR (HCD) (1995) 29.......……………………………………………………………………..Petitioner Vs. Bangladesh, represented by the Secretary, Ministry of Home Affairs, Bangladesh Sachibalaya, Dhaka and Others………………………………………………….Respondents Judgment April......dent No. 1, under the signature of respondent No.3. refusing to issue passport to the petitioner Ziauddin Ahmed should not be declared to have been passed without any lawful authority and to be of no legal effect. 2. The case of the petitioner is, that he is a former Cabinet Minister and also a f..Category: Constitutional Law | Date: | Hits: 238
Abdul Motaleb Shaque and others Vs. State, 1994, 23 CLC (HCD)
....92 passed in Sessions Case No. 30 of 1991 by the learned Additional Sessions Judge, Bagerhat should not be set aside and such other or further order or orders passed as to this Court may seem fit and proper. 2. The prosecution case, in brief, is that on 16.5.89 an FIR was lodged with the Fakirhat...... This Case is also Reported in: 47 DLR (HCD) (1995) 24.......he preoccupation of the Court itself or for other reasons." 7. In the case of Nayan @ Fazlul Huq Vs. State, reported in 38 DLR 415 it has been held: "Reading the definition in the authoritative legal dictionaries we find that working days mean the days on which the particular Court or office n..Category: Procedural Law | Date: | Hits: 80
Captain Md. Mobarak Hossain, Master, ATM Dolores Vs. MT Dolores and others, 1994, 23 CLC (HCD)
....said defendant No. 1 vessel MT Dolores may leave the territorial waters of Bangladesh at any time. He has submitted that the principal defendant opposite parties have no other moveable and immoveable properties in Bangladesh. He submits that if the vessel is not arrested the plaintiff will suffer ir...... High Court Division (Admiralty Jurisdiction) Present: Mainur Reza Chowdhury J Captain Md. Mobarak Hossain, Master, ATM Dolores..................Plaintiff Petitioner Vs. MT Dolores and others…………………………………………………….Defendants Opposite Parties ......e plaintiffs aforesaid claim. In the circumstances, the application for attachment/arrest of the defendant No. 1 vessel is rejected. Ed. This case is also Reported in: 47 DLR (HD) (1995) 80. ..Category: Civil Law | Date: | Hits: 99
Santosh Kumar Paul Vs. Nuruddin Ansari, 1993, 22 CLC (HCD)
....llant Santosh Kumar Paul, has firstly taken me through both the impugned judgments of the Courts below and thereafter he argues that the, impugned judgment of the Court of appeal below are not at all proper judgments of reversal and the learned Additional District Judge without sufficiently advertin......t Vs. Nuruddin Ansari.... ..................................Respondents Judgment November 25, 1993. Result: The Appeal is allowed in part. Cases Referred to- Abdul Mannaf Khan and others Vs. Bangladesh and another, 38 DLR (AD) 201; Durga Chowdrain v. Jawahir Singh, 17 Indian ......ant did not enter into any contract to sell out his suit land to the defendant‑respondent on receipt of any consideration money and if there was any such document, that must be false, fraudulent, illegal, void and without any consideration. 6. The defendant No. 1 Nuruddin Ansori the present re..Category: Procedural Law | Date: | Hits: 129
Lt. Cdr (Retd) AHM Mahmud Vs. Masud Ahmed, 2010, 39 CLC (HCD)
....erefore, the period cannot be treated as absence from service. He further points out that in fact the Ministry had been apprised of the calculated dues as made by the Trust (annexure-T), which is a proper calculation in accordance with law. But the authorities concerned failed to give due benefits......রাষ্ট/৬১৩ dated 09-3-1991 passed by the then Secretary of the Muktijudda Kalyan Trust accepting the petitioner's resignation more than one year after it was submitted. By judgment and order dated 07-2-2005 the Rule in the aforementioned writ petition was made absolute declaring t...... submitted. By judgment and order dated 07-2-2005 the Rule in the aforementioned writ petition was made absolute declaring the impugned memo to have been made without any lawful authority and of no legal effect. The respondents in the writ petition took the matter before the Appellate Division, wh..Category: Employment/Service Law | Date: | Hits: 156
Obaidullah Khondaker (Sohel) Vs. Government of Bangladesh and others, 2010, 39 CLC (HCD)
....r in extracting ordinary stone as is evident from the lease-order dated 6-2-2006 (Annexure-'B' to the Writ Petition) and such other or further order or orders passed as to this Court may seem fit and proper. 2. The petitioner's case as set out in the Writ Petition, in short, is as follows: The......Special Original Jurisdiction) Present: Moyeenul Islam Chowdhury J AKM Abdul Hakim J Obaidullah Khondaker (Sohel)............................Petitioner Vs. Government of Bangladesh and others…………………………Respondents Judgment February 22, 2010. Result: ......sing no heavy machinery from 30 hectares of land in Mouza Balabari, Lohakachi and Majheepara within Upazila-Tetulia, District-Panchagar should not be declared to be without lawful authority and of no legal effect and why the respondents should not be directed not to disturb the petitioner in carryin..Category: Property Law | Date: | Hits: 66
Abul Hasnat Md. Belal Vs. Md. Alauddin and others, 2008, 37 CLC (HCD)
....Hence the suit. 4. Defendant No.1, (herein petitioner) contested the suit by filing written statement denying all material allegations made in the plaint contending inter alia that the aforesaid properties were government khas land and one Maulvi Nurul Islam took settlement of some land from ......41.......dvocate—For the Petitioner. Rabi Shankar Chakraborty, Advocate—For the Opposite Party No.1. Civil Revision No.1443 of 2002. Judgment SM Ziaul Karim J.- This Rule calls in question the legality and propriety of the judgment and order dated 17-1-2002 passed by the learned Joint Distr..Category: Procedural Law | Date: | Hits: 90
Ataur Rahman (Md.) Vs. Bangladesh and others, 2010, 39 CLC (HCD)
.... command obedience to their Judgments and orders. As the Warrant of Precedence has an effect on the public psyche, it should necessarily reflect the rank, status and precedence of the District Judges properly. So the relative ranking of the functionaries in the Table of the Warrant of Precedence is ...... (Special Original Jurisdiction) Present: Syed Refaat Ahmed J Moyeenul Islam Chowdhury J Ataur Rahman (Md.)...............Petitioner Vs. Bangladesh and others…………………Respondents Judgment February 4, 2010. Res...... equivalent to the rank of District Judges to the concerned officers of the administrative and other cadres therein should not be declared to have been issued without lawful authority and to be of no legal effect and why the respondents should not be directed to place District Judges and other Judic..Category: Constitutional Law | Date: | Hits: 270
Bazlur Rahman (Md.) Vs. Government of the People's Republic of Bangladesh, 2009, 38 CLC (HCD)
....ation to the petitioners as per the amount received by them as shown in Annexure- 'C' with effect from June, 2003 and or such other or further order or orders passed as to this Court may seem fit and proper." 2. In the writ petition, it has been stated that the respondent No.2 Bangladesh (F......desh..........Respondents Judgment July 15, 2009. Result: The Rule is made absolute. Privilege once given cannot be taken away without due process of law and if there is any plan to stop the privilege, the beneficiaries must be served with notice or give......n the respondents to show cause as to why the action of the respondents stopping the State Honorarium of the petitioners should not be declared to have been made without lawful authority and is of no legal effect and why the respondents should not be directed to give the State Remuneration to the pe..Category: Others | Date: | Hits: 149
Abul Basher Chowdhury Vs. Habibur Rahman Mia and others, 1978, 7 CLC (AD)
....nal has authority to make a recounting of the votes in order to satisfy itself that the counting made by the Presiding Officer on the basis of which the result of the election has been declared was properly made. The appeal is dismissed with no order as to costs. Ed. This Case is also Reporte...... order as to costs. Ed. This Case is also Reported in: 31 DLR (AD) (1979) 297.......ellant made a prayer for declaring the order No.12 dated 15-7-77 passed by the Election Tribunal (Munsif, 2nd Court), Chandpur in Election Petition No. 5 of 1977 as without lawful authority and of no legal effect. 2. By the impugned order the election of the appellant was declared void and the Re..Category: Election Law | Date: | Hits: 159
American Life Insurance Company Vs. Dacca Poura Shaba and others, 1978, 7 CLC (AD)
....cipality was competent to seek remedy by way of writ against the order of its Controlling Authority; (3) whether such levy under these two heads together with the tax on land and building and urban properly tax could exceed the allowable 17% of the annual valuation of the holding and (4) and w...... Court Appellate Division (Civil) Present: Fazle Munim J Ruhul Islam J KM Subhan J American Life Insurance Company……………………Appellant Vs. Dacca Poura Shaba and others……………………Respondent Judgment May 23, 1978. Result: The appeal ...... Controlling Authority but as the appellate authority and the Additional Commissioner totally misconstrued the relevant rule and in applying the rules exceeded his jurisdiction, and thereby acted illegally interfering with the order of assessment made by the Municipality against the appellant. O..Category: Fiscal/Taxation Law | Date: | Hits: 156
IFIC Bank Ltd. Vs. Eknabin & Co. and others, 2010, 39 CLC (HCD)
....Nos.2 and 3 as such the execution cases should be transferred to Bankruptcy Court. 5. The learned Judge rejected the said application and 19-7-2005 was fixed for auction selling of the mortgaged properties. Opposite party No.1 did not challenge the said order before any forum. 6. On 16-7-200......ivil Revisional Jurisdiction) Present: Sharif Uddin Chaklader J Md. Fazlur Rahman J IFIC Bank Ltd…………………………………….........Petitioner Vs. Eknabin & Co. and others ..............................Opposite-Parties Judgment August 12, 2010. Result:......as held that the provisions of one special law cannot over-rided the provisions of another special law as such, transfer of a case filed under Artha Rin Adalat to Bankruptcy Court is not proper and legal. 10. It appears that Artha Rin Adalat Ain and Bankruptcy Act both are special laws. A Law b..Category: Procedural Law | Date: | Hits: 126
Abeda Chowdhury Vs. State and another, 2009, 38 CLC (HCD)
....nce the notice was issued through registered post with AD and thus it is deemed to be served on and received by the accused petitioner, so it can be legally presumed that the notice has been served properly as per article 17 of General Clauses Act. The accused petitioner nowhere in his entire peti......ourt Division (Criminal Miscellaneous Jurisdiction) Present: Siddiqur Rahman Miah J Md. Ataur Rahman Khan J Abeda Chowdhury..................................Petitioner Vs. State and another.................................Opposite Parties Judgment October 29, 2009 Resu......torney General, for the State, on the order hand, submits that the opposite party categorically described the very arising out of cause of action having no ambiguity in it and therefore there is no legal flaws in filing the case and the learned Chief Metropolitan Magistrate on appreciating the sai..Category: Criminal Law | Date: | Hits: 113
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