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Sadia Chowdhury Parag Vs. Chairman, Film Censor Board & others, 2003, 32 CLC (HCD)

.... and, above all, young. 20. The petitioner though is the descendant of Hason Raja, she cannot lay a claim that the saintly poet is her personal property or, for that matter, her family property or possession. Hason belongs to the nation and to the world at large. He cannot be diminished, compartm......son Raja, the biggest Zaminder of Sylhet at the time, was a mystic poet and a saint. But the film belittled him by depicting him (the great grandfather of the petitioner) as a Womaniser, Don Juan, Philanderer and Casanova, which he was not. Hence, if such a distorted and untrue version of the saint ......ason Raja'' is at liberty to release/screen the film without any hindrance from anyone. Ed. This Case is also Reported in: 55 DLR (2003) 445.......ts branches in a cruel manner. The dead tree cannot be brought back to life through any mechanism, not even the intervention of the constitutional Court. 13. Mrs. Sigma Huda raised the fundamental question maintainability of the writ petition itself, contending, inter alia, that Hasan Raja died m..

Category: Civil Law | Date: | Hits: 210

Moti Miah Vs. Ful Miah and others, 2008, 37 CLC (HCD)

....t 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 9 of the Specific Relief Act in the Court of Senior Assistant Judge, Nasirn...... a suit for recovery of possession under section 9 of the Specific Relief Act in the Court of Senior Assistant Judge, Nasirnager, Brahmanbaria. 3. The case of plaintiff in short, is that, the suit land and other non suit land belonged to one Fazar Ali having 2/3 share and Khatunennese having 1/3 ...... MA Kashem Bhuiyan, Advocate - For the Petitioner. None Appears - For the Opposite Parties. Civil Revision No. 5405 of 2004. Judgment Salma Masud Chowdhury J.- This Rule was issued calling upon the oppositeparties to show cause as to why the impugned Judgmentand decree dated 25-8-2004......Send down the lower Court records along with a copy of the Judgment and order to the Court concerned. Ed. This Case is also Reported in: 62 DLR (HCD) (2010) 447; 13 MLR (HCD) (2008) 279. ..

Category: Property Law | Date: | Hits: 121

Syeda Sajeda Chowdhury Vs. State, 2010, 39 CLC (HCD)

....ndent investigation by a separate investigating agency other than the Bureau of Anti-Corruption and it is triable in ordinary criminal Court. The question as to whether the petitioner got delivery of possession of Nikunja plot or not it cannot be decided by this Court in the forum of section 561A of......e Penal Code as the offence is disclosed in the first information report and charge sheet. He further submits that the very prayer of the petitioner to the then Prime Minister stating that she had no land or any apartment in Dhaka City in her name or in the name of other members of her family create......cial Judge, Dhaka is quashed in respect of the petitioner only. Ed. This Case is also Reported in:62 DLR (HCD) (2010) 441; 18 BLT (HCD) (2010) 249. ......must be a separate first information report and independent investigation by a separate investigating agency other than the Bureau of Anti-Corruption and it is triable in ordinary criminal Court. The question as to whether the petitioner got delivery of possession of Nikunja plot or not it cannot be..

Category: Criminal Law | Date: | Hits: 137

Nrependra Nath Saha and anothers Vs. Haripada Saha & another, 2009, 38 CLC (HCD)

....laintiff became the Shurashi who got the property as life of her husband for her as reversionous and the plaintiffs have been possessing the suit plot No.871 as residential home and they have been in possession of the suit plot No.877 as cultivation land and the defendant opposite parties have no po......as life of her husband for her as reversionous and the plaintiffs have been possessing the suit plot No.871 as residential home and they have been in possession of the suit plot No.877 as cultivation land and the defendant opposite parties have no possession of the suit land. The defendant opposite ......09. Result: The rule is made absolute. Cases Referred to- Md. Sekandar Ali Shaikh Vs. Dilip Kumar, 3 MLR (AD) 69; Abid Ali Vs. Maleka Khatoon, 37 DLR 137; Nurun Nabi Mondal Vs. Joynal Abedin Khondker, 29 DLR (AD) 137. Lawyers Involved: Ibrahim Mollah, Advocate - For the Petitioners......e is made absolute. The Judgments and decrees of the Courts below are hereby set aside. Send down the lower Court records at once. Ed. This Case is also Reported in: 62 DLR (HCD) (2010) 438. ..

Category: Property Law | Date: | Hits: 83

Wahed Asgar Chowdhury Vs. Judge 2nd Artha Rin Adalat & others, 2010, 39 CLC (HCD)

....n Case No.215 of 2004 now pending in the Artha Rin Adalat No.1, Chittagong be declared to be unlawful and not main­tainable at all. Ed. This Case is also Reported in: 63 DLR (HCD) (2011) 331. ...... to refer here a decision reported in AIR 1984 at page 209 cited by the learned Advocate for the writ petitioner. In that case a suit was filed for recovery of certain sum on the basis of mortgage of land. A preliminary decree was passed for sale of mortgage property and period was fixed therein for......lat No.1, Chittagong be declared to be unlawful and not main­tainable at all. Ed. This Case is also Reported in: 63 DLR (HCD) (2011) 331. ......R 1984 at page 209. Lawyers Involved: Tawhidul Islam, Advocate - For the Petitioner. Writ Petition No.5935 of 2008. Judgment Nazmun Ara Sultana J.- This rule Nisi was issued calling in question the order No.69 dated 13-5-1998 passed by the 2nd Artha Rin Adalat, Chittagong in Mortgage ..

Category: Civil Law | Date: | Hits: 134

Abu Bakkar Siddique (Md.) and others Vs. Md. Abdur Rab Khandaker & others, 2010, 39 CLC (HCD)

.... brothers in presence of some respected village people on the same date and prom­ised that he would register sale deed as soon as the balance sum would be paid and from that period plaintiffs are in possession of the suit land by culti­vating the suit land; that the plaintiffs paid Taka 10,000 on ...... the registered sale deed executed in favour of the petitioner by the defendant No.1 is not binding upon opposite party. 3. The case of the plaintiffs stated in the plaint, inter alia, is that the land described in the Schedule of the plaint originally belonged to the plaintiffs and proforma-defe......4, 2010. Result: The Rule is made absolute. Cases Referred to- 3 BLD 258; Mamud Raja Bhuiyan Vs. Md. Lal Miah, 40 DLR 271; SN Gupta & Co Vs. Sadananda Ghosh, 11 DLR 470; Md. Moslemuddin Vs. Md. Jonab Ali, 17 BLD (AD) 328 = 50 DLR (AD) 13; Ouseph Varghese Vs. Joseph Aley, (1969) 2 SC......as well as 2 hand written letters. On perusal of the same it appears that the main contention of the plaintiffs are that the defendant No.1 used to reside in Dhaka who offered to sale the property in question and accordingly they paid the entire amount to the defendant No.1 and his son but the defen..

Category: Property Law | Date: | Hits: 90

Kartic Das Gupta Vs. Election Commission and others, 2011, 40 CLC (HCD)

....observations and directions both the Rules are disposed of. The order of status quo granted earlier on 6-2-2011 is hereby vacated. Ed. This Case is also Reported in: 63 DLR (HCD) (2011) 313. ......n 2006 (XIV) BLT (HCD) 328. Mr. Hoque further goes to submit that the petitioner is a citizen of Bangladesh and as a citizen of the country he has every right as well as interest in every part of the land to secure the electoral roll. In this regard refer­ring to Article 7(1) of the constitution he......er on 6-2-2011 is hereby vacated. Ed. This Case is also Reported in: 63 DLR (HCD) (2011) 313. ...... Islam, Advocate - For the added respondent No. 9. (In Writ Petition No. 9748 of 2010) Writ Petition No.9748 of 2010 with Writ Petition No.601 of 2011. Judgment Farah Mahbub J.- Since common question of law and facts are involved in both the Writ Petitions as such those have been heard toge..

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. ......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. ......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. ......3 and 4 were examined and cross-examined on 1‑7‑1989 and 2‑7­-1989. P.Ws.5 and 6 were examined and cross­-examined on 3‑7‑1989. He submits that during, trial as above on first occasion no question was put to P.Ws.2‑6 on behalf of defence in cross-examination as to the direction facing ..

Category: Criminal Law | Date: | Hits: 97

Hasina Khatoon and another Vs. Md. Samsur Rahman and others, 1997, 26 CLC (HCD)

....us (Pre‑emption) Case No.11 of 1987 as expeditiously as possible, preferably within 3 months, from the date of receipt of this order. Ed. This Case is also Reported in: 49 DLR (HD) (1997) 187. ......sore), being Miscellaneous Case No.11 of 1987, stating, inter alia, that the petitioners are co‑sharers to the case jote by inheritance while the pre‑emptees are strangers, who purchased the case land from opposite party Nos.6‑8 by a registered Kabala dated 7‑10‑1984. It has been asserted ...... receipt of this order. Ed. This Case is also Reported in: 49 DLR (HD) (1997) 187. ......ot impleaded as a party in the case. Moreover, her name was not recorded in the record of rights. The learned Counsel further submitted that in the written objection the opposite‑parties raised the question of defect of parties in a most casual manner without making any specific averments in that ..

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.......gislature inconsistent with the Constitution or fundamental rights ultra vires." 25. In the case of Sheikriyammad Nalla Koya Vs. Administrator Union Territory of Laccadives, Minieoy and Abindivi Islands Kozhikode and Others reported in AIR 1967 Kerala 259, the observation made in relevant paragra......Constitution. The prayer is allowed and certificate prayed for is hereby granted. Ed. This Case is also Reported in: 49 DLR (HD) (1997) 176.......ting as a Judge of the Supreme Court of Bangladesh and now holding the office of a Judge of the Appellate Division of the Supreme Court. The matter is of great public importance involving substantial questions of law as to the interpretation of the Constitution. The learned Additional Attorney-Gener..

Category: Constitutional Law | Date: | Hits: 353

Kazi Gowaherul Islam (KJ Islam) Vs. Standard Co-operative Credit Society Ltd and another, 1998, 27 CLC (HCD)

.... Rin Adalat No.2, Dhaka is hereby directed to return the plaint to the filing Advocate for presentation before the appropriate Court. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 333. ...... Rin Adalat No.2, Dhaka is hereby directed to return the plaint to the filing Advocate for presentation before the appropriate Court. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 333. ......tion before the appropriate Court. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 333. ......t to the filing Advocate for presentation before the proper Court. 4. Mr. Ozair Faruque, the learned Advocate appearing on behalf of the plaintiff-opposite party No.1 at the very outset raised the question of maintainability of this petition before this Court under section 115 of the Code of Civi..

Category: Civil Law | Date: | Hits: 135

Shahidullah and others Vs. Lutfur Karim and others, 1997, 26 CLC (HCD)

.... Cherag Ali. 4. Salamatullah had been owning and possessing the suit land ever since his purchase in 1947 and after his death his heirs i.e. the defendants have been in continued and uninterrupted possession of the suit land to the full knowledge of the plaintiffs and there had not been any forge......riefly SR Office, Chatkhil is forged, fraudulent, void and not binding upon the plaintiffs and for its cancellation. 2. Plaintiffs’ case is that, Cherag Ali Pandit the admitted owner of the suit land did never execute the kabala, his signature was forged, the deed was registered by false person......is made absolute. Cases Referred To- 39 DLR (AD) 223 (Civil Appeal No.113 of 1983); 33 Indian Appeal cases at page 60; AIR 1984; Ghulam Muhammad Vs. Sher Dil, PLD 1967 Azad J & K 26; Kamod Singh Vs. Khemkaran, AIR 1927 (Nagpur) 260; Basant Singh and others Vs. Brij Raj Saran Singh and othe......es - For the Petitioner. Md. Ozair Farooq, Advocate - For the Opposite Party No.5. Civil Revision No.3460 of 1995. Judgment MA Aziz J.- The Rule at the instance of the defendants calls in question the judgment decree dated 17-7–95 allowing Title Appeal No.88 of 1993 by the learned Subo..

Category: Procedural Law | Date: | Hits: 103

Saiful Islam Dilder Vs. Government of Bangladesh and others, 1998, 27 CLC (HCD)

.... find any substance in this writ petition. In the result, this writ petition is rejected in limine without any order as to costs. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 318. ...... find any substance in this writ petition. In the result, this writ petition is rejected in limine without any order as to costs. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 318. ......esult, this writ petition is rejected in limine without any order as to costs. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 318. ......ised as an imperative rule of law in the cases of Barcelona Traction, Light and Power Co, (1970) by the World Court. 9. Before we enter upon discussion on merit the case we propose to consider the question of maintainability of this petition. In Dr. Mohiuddin Faruk, the petitioner as a public spi..

Category: Constitutional Law | Date: | Hits: 421

Khalilur Rahman (Md.) and others Vs. Abdur Rahman Bhuiyan alias Zinnat Ali Bhuiyan & others, 1998, 27 CLC (HCD)

....ned Subordinate Judge, Chandpur in Miscellaneous Case No.59 of 1990 is hereby affirmed. Send down the lower Court records at once. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 311. ......nt and order dated 9-3-92 passed by the learned Subordinate Judge, Chandpur in Miscellaneous Case No. 59 of 1990 filed under section 24 of the Non-Agricultural Tenancy Act for pre-emption of the case land. 2. The short fact leading to this appeal is that the respondent as petitioner filed the afo......wn the lower Court records at once. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 311. ......arance and contested the case by filing a written objections and their case is that, the actual name of the petitioner-respondent is Zinnat Ali and he was never named as Abdur Rahman and the deeds in question, for which the pre-emption is sought for were executed and registered in the presence of th..

Category: Property Law | Date: | Hits: 113

Samir Ali (Md.) and others Vs. Md. Atiar Rahman Dafadar and others, 1996, 25 CLC (HCD)

....y be stated as follows: The plaintiffs‑petitioners filed the aforesaid suit for declaration of plaintiff's title to the suit land, described in the schedule to the plaint and for confirmation of possession thereof, together with permanent injunction restraining the defendants from interfering i......f 1986. 2. Facts necessary for the disposal of the Rule, may briefly be stated as follows: The plaintiffs‑petitioners filed the aforesaid suit for declaration of plaintiff's title to the suit land, described in the schedule to the plaint and for confirmation of possession thereof, together w......€™s Records be sent down. Ed. This Case is also Reported in: 49 DLR (HD) (1997) 131. ...... by or on behalf of the donee (3) delivery of possession of the subject‑matter of the gift by the donor to the donee. 10. Whether the aforesaid conditions have been fulfilled or not are purely a question of fact and both the Courts have concurrently found, on proper consideration of evidence, t..

Category: Property Law | Date: | Hits: 85

Kazi Mokhlesur Rahman Vs. Government of the People's Republic of Bangladesh and others, 1996, 25 CLC (HCD)

....be discharged. In the result, this Rule is discharged and in the facts and circumstances of the case we pass no order as to cost. Ed. This case is also Reported in: 49 DLR (HD) (1997) 126. ......be discharged. In the result, this Rule is discharged and in the facts and circumstances of the case we pass no order as to cost. Ed. This case is also Reported in: 49 DLR (HD) (1997) 126. ......ged and in the facts and circumstances of the case we pass no order as to cost. Ed. This case is also Reported in: 49 DLR (HD) (1997) 126. ......nt from time to time for appointment of Government Pleader and Public Prosecutor of the district in order to conduct the cases on behalf of the Government. Since no legal right has been violated, the question of violation of the principle, of natural justice does not arise at all. He further submits..

Category: Others | Date: | Hits: 212

Shahriar Rashid Khan and another Vs. Bangladesh, 1997, 26 CLC (HCD)

....the interpretation of several provisions of the Constitution are involved in the instant cases, the certificate prayed for is granted. Ed. This Case is also Reported in: 49 DLR (HD) (1997) 133. ......d by some army people and such an action of taking away life was not permitted by any law. If any person takes away life of another person, he must be tried in accordance with the existing law of the land. This Indemnity Ordinance of 1975 put restriction on taking any legal proceedings against the k......tution are involved in the instant cases, the certificate prayed for is granted. Ed. This Case is also Reported in: 49 DLR (HD) (1997) 133. ......t, 1975 and 9th April, 1979, were protected under paragraphs 3A and 18 of the 4th Schedule of the Constitution. As such, anything done by the Government in between the said period cannot be called in question in any manner whatsoever. Mr. Korban Ali further submits that Martial Law was proclaimed by..

Category: Criminal Law | Date: | Hits: 202

Habibur Rahman Mondal (Md.) and others Vs. State and another, 2010, 39 CLC (HCD)

....rk and submit police report as early as possible. Let a copy of the judgment and order be trans­mitted to the Court below without delay Ed. This Case is also Reported in: 63 DLR (2011) 23. ......rk and submit police report as early as possible. Let a copy of the judgment and order be trans­mitted to the Court below without delay Ed. This Case is also Reported in: 63 DLR (2011) 23. ......e. Let a copy of the judgment and order be trans­mitted to the Court below without delay Ed. This Case is also Reported in: 63 DLR (2011) 23. ......ion to show that the police of Gaibandha sent the first information report case to the Durnity Daman Commission on 15-6-2005, prior to the enactment of Durnity Daman Bidhimala, 2007; and as such, the question of violation Rule 4 of the Bidhimala does not arise in this case. At last the learned Advoc..

Category: Criminal Law | Date: | Hits: 101

Shahajada Talukder Vs. Election Commissioner and others, 2003, 32 CLC (HCD)

.... cancelled and the Returning Officer is directed to hold fresh election upon accepting the nomination paper already filed by the petitioner. Ed. This Case is also Reported in: 55 DLR (2003) 420....... cancelled and the Returning Officer is directed to hold fresh election upon accepting the nomination paper already filed by the petitioner. Ed. This Case is also Reported in: 55 DLR (2003) 420.......d fresh election upon accepting the nomination paper already filed by the petitioner. Ed. This Case is also Reported in: 55 DLR (2003) 420....... on 5‑2‑2003, after detailed discussion held that in such cases where the Returning Officer with mala fide motive rejected the nomination paper and the writ petition is not beset with disputed question of facts, the High Court will invoke jurisdiction under Article 102 of the Constitution. ..

Category: Election Law | Date: | Hits: 211

International Finance Investment and Commerce Bank Ltd. Vs. Chittagong Steel Mills Limited and another, 2002, 31 CLC (HCD)

....the learned Subordinate Judge and 2nd Artha Rin Adalat and Commercial Sub‑Judge Court, Chittagong for his information and necessary action. Ed. This Case is also Reported in: 55 DLR (2003) 417.......the learned Subordinate Judge and 2nd Artha Rin Adalat and Commercial Sub‑Judge Court, Chittagong for his information and necessary action. Ed. This Case is also Reported in: 55 DLR (2003) 417....... Ed. This Case is also Reported in: 55 DLR (2003) 417....... Steel Mills Limited due to intervening circumstances absolving it of the corresponding liability. It has been asserted that because of the variations of the terms of the agreement, the guarantees in question were subsequently released and returned to the plaintiff by the defendant and with that the..

Category: Civil Law | Date: | Hits: 101