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Ismail Hossain (Md.) Vs. Shakhina and others, 2012, 41 CLC (HCD)
....lly entitled to preempt the transfer in question. The opposite party No.2 as pre-emptee opposite party contested the case by filing a written objection contending that the case is not maintainable in law. The learned Assistant Judge, 4th Court, Gazipur Sadar after conclusion of trial by its judgment...... 320. ......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. ..Category: Property Law | Date: | Hits: 117
....hy the impugned notification No. Spe. Sa:(Ain)‑32/95/205 dated 4‑11‑96 published in Bangladesh Gazette on 20‑11‑96 (Annexure‑E) should not be declared to have been made and issued without lawful authority and of no legal effect.
2. Facts giving rise to the Rule are that, petitioner wa......nal Jurisdiction)
Present:
Kazi Ebadul Hoque J
Amirul Kabir Chowdhury J
Aung Shwe Prue Chowdhury…………………Petitioner
Vs.
Government of the People's Republic of Bangladesh and others………………Respondents
Judgment
January 12, 1997.
Result:
The Rule is d......nment being biased in favour of the respondent No.4 without assigning any reason for not accepting the recommendation in favour of the petitioner and, as such, acted illegally in passing the impugned order.
8. Mr. KM Saifuddin Ahmed, learned Deputy Attorney‑General appearing for the respondent ..
Category: Civil Law | Date: | Hits: 185
Fazal Hossain (Md.) and others Vs. Md. Helal Mia & others, 2009, 38 CLC (HCD)
....tioners as opposite party Nos.1-3 contested the said case by filing written objection stating inter-alia that the case is not maintainable in the present form and manner as alleged and also barred by law of limitation and bad for defect of parties etc. and also stating that Syed Ahsan Ali inherited ......se is also Reported in: 16 BLC (HCD) (2011) 75; 30 BLD (HCD) (2010) 139. ......osite Party. Civil Revision Case No.2869 of 2004. Judgment AFM Ali Asgar J.- This rule was issued calling upon the opposite party No.1 to show cause as to why the impugned judgment and order dated 29-5-2000 passed by the learned Subordinate Judge, 3rd Court, Dhaka in Miscellaneous App..Category: Property Law | Date: | Hits: 138
Chandra Banu wife of Lalu Mallick Vs. State and another, 1982, 11 CLC (HCD)
.... withdrawal,- (a) if it is made before a charge has been framed, the accused shall be discharged in respect of such offence or offences." 3. Apart from the other requirements under the relevant law, the first essential prerequisite of an action under the aforesaid section is an application b...... in: 35 DLR (HCD) (1983) 70. ......- For the Petitioners. Moazzem Hossain, Deputy Attorney General - For the State. Criminal Revision No. 387 of 1979. Judgment Abdur Rahman Chowdhury J.- This Rule is directed against an order passed by the Additional Sessions Judge, Patuakhali, affirming the order of the Sub-Division..Category: Criminal Law | Date: | Hits: 94
Mostafa Chowdhury & another Vs. State & another, 1982, 11 CLC (HCD)
.... Magistrate, 1st Class, Sadar, Sylhet and Criminal Revision No.202 of 1980 arises out of C.R. Case No.1830 of 1979 of the Court of Sub-Divisional Magistrate, Sadar, Sylhet. Since a common question of law has been heard together they will be disposed of by this Judgment. We have heard the learned Adv......osite-parties Judgment October 31, 1982. Result: The Rules are made absolute. Cases Referred to- Bhuban Mohen Das Vs. Surendrd Mohan Das, 55 C.W.N. 541; Abdul Gafur Vs. Dr. D. Ahmed and the State Vs. Syed Imtiaz-uddin Hussain, 3 DLR 449; 17 DLR (Dacca), 382. Lawyers Involved: ...... said amount. Upon such allegations, the Sub-Divisional Magistrate examined the complainant and issued warrant of arrest against the accused-petitioners under section 406 of the Penal Code by his order dated 25.10.79. 3. In C.R. Case No.1830 of 1979 (Crl. Revision No.202/1980) the complainan..Category: Criminal Law | Date: | Hits: 87
Md. Shermat Ali Vs. Mossammat Lilifa Khatun, 2005, 34 CLC (HCD)
....ved this Court and has obtained the instant Rule. 8. Mr. Md. Khurshid Alam Khan, the learned Advocate on appearing for the Petitioner submitted that both the Courts below has committed an error of law resulting in an error in the decision occasioning a failure of justice on misreading Ext. Ka and...... Ali Chowdhury - For the Opposite Party. Civil Revision No.859 of 2002. Judgment Shahidul Islam J.- By this Rule the Opposite Party was directed to show cause as to why the impugned Judgment and decree dated 17.11.2001 passed by the Joint District Judge, 1st Court, Nilphamari, in Family App......firming the Judgment and decree dated 30.4.2001 by the Family Court, Kishoreganj, Nilphamari, in Family Suit No.21 of 1999 decreeing the suit 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 Plaintiff inst..Category: Family Law | Date: | Hits: 224
....rtha Rin Execution Case No.1 of 2003, rejecting an application under Order XXI Rule 98 of the Code of Civil Procedure read with Section 57 of the Artha Rin Adalat Ain, 2003, praying for deployment of law enforcing agency for handing over the possession of the suit property in favour of the decree-ho......
This Case is also Reported in: 15 BLT (HCD) (2007) 425.
...... Zafor Ali Khan, Advocate - For the Appellant.
None - For the Respondent.
First Miscellaneous Appeal No.177 of 2004.
Judgment
ABM Khairul Haque J.- This appeal arises in respect of the an order dated 5.4.2004 passed by the Judge, Artha Rin Adalat No.3, Dhaka, in Artha Rin Execution Case ..
Category: Civil Law | Date: | Hits: 208
Sree Babul Kumar Biswas Vs. Sree Khudiram Jaladas, 2007, 36 CLC (HCD)
....ing over possession through Court but the same has been done in advertently by the trial Court. Whenever the decree for execution was pending before him, he was empowered to execute the decree as per law, for handing over possession in the suit land. The view finds support from the case law reported...... Vs. Sree Khudiram Jaladas…………………………Judgment-Debtor-Opposite Party Judgment March 25, 2007. Result: The Rule is made absolute. Case Referred to- Maksud Ali and another Vs. Sekandar Ali, 28 DLR (AD) 99. Lawyers Involved: Harendra Nath Nandy - For the ......the impugned Order No.39 dated 4.4.2001 passed by the learned Senior Assistant Judge, 5th Court, Sadar, Chittagong in Execution Case No.13 of 1997 should not be set aside and/or such other or further order or orders pass as to this Court may seem fit and proper. 2. Facts relevant for disposal of ..Category: Procedural Law | Date: | Hits: 253
....e President of the Managing Committee, she used to do whatever she liked. She being a teacher of the school appeared at the H.S.C. Examination as a regular student and that was not in accordance with law. She is still prosecuting with her studies in B.A class as a regular student. Under the circumst......
High Court Division
(Civil)
Present:
Shahidul Islam J
Chairman, Ad-hoc Committee, Matler Char Non-Government Primary School………………Defendant-Petitioner
Vs.
Razia Sultana and others…………………Plaintiff-Opposite Parties
Judgment
March 18, 2007.
Result:
......and decree dated 26.1.2002 passed by the learned Senior Assistant Judge, Burichang, Comilla in Title Suit No.75 of 1999 decreeing the suit in part should not be set aside and/or such other or further order or orders passed as to this Court may seem fit and proper.
2. Facts relevant for disposal o..
Category: Civil Law | Date: | Hits: 104
lqbal Hossain Talukder (Md.) Vs. Md. Joinal Abedin Talukder and 76‑others, 2002, 31 CLC (HCD)
....warrants an inference of the relinquishment of such right, or when one dispenses with the performance of something he is entitled to exact or when one in possession of any right, whether conferred by law or by contract, with full knowledge of the material facts, does or forbears to do something the ......Division (Civil Revisional Jurisdiction) Present: AK Badrul Huq J lqbal Hossain Talukder (Md.)...............................Pre‑emptee‑Petitioner Vs. Md. Joinal Abedin Talukder and 76‑others.............Opposite Parties Judgment August 20, 2002. Result: The Rule ......ues which are as follows: i. Is the Case maintainable as framed? ii. Is the Case barred by limitation? iii. Is the Case bad for defect of parties? iv. Are Pre‑emptors entitled to get an order of Pre‑emption? v. What other relief or reliefs Pre-emptors are entitled to get? 9. ..Category: Property Law | Date: | Hits: 116
Durga Rani Sutradhar Vs. Paresh Chandra Sutradhar, 2002, 31 CLC (HCD)
....judgment and order passed by the District Delegate. 4. As such, the applicant of the probate case has preferred this appeal mainly on the ground that the learned courts below committed an error of law in holding that without having the original 'Will', no probate can be granted. It has not been c......Court Division (Civil Appellate Jurisdiction) Present: ABM Khairul Haque J KM Khaled J Durga Rani Sutradhar.................................................Appellant Vs. Paresh Chandra Sutradhar..........................................Respondent Judgment February 16, 2002......- The petitioner Durga Rani Sutradhar of the original Miscellaneous Case No.105 of 1986 (probate case) has preferred this appeal under section 299 of the Succession Act, 1925 against the judgment and order dated 8‑11‑1989 passed by the learned District Judge. Narayanganj in Miscellaneous Appeal ..Category: Property Law | Date: | Hits: 113
....ontending, inter alia, that the petitioner was supplied with a copy of the report of the Inquiry Committee and the dismissal order dated 5-6-1996 was passed after observing all the formalities of the law for the purpose. The respondents having no Service Rules of their own they usually follow and ap......vision
(Special Original Jurisdiction)
Present:
Tariq ul Hakim J
Afzal Hossain Ahmed J
Shafiqul Islam (Md.) & another…………………Petitioner
Vs.
Board of Intermediate and Secondary Education, Comilla & others………………Respondents
Judgment
May 16, 20......the Respondent Nos.1 and 2.
Writ Petition No. 3519 of 1997.
Judgment
Afzal Hossain Ahmed J.- This Rule Nisi was issued calling upon the respondents to show cause as to why the impugned order dated 5-6-1996 passed against the petitioner under thesignature of Respondent No.3 allegedly a..
Category: Employment/Service Law | Date: | Hits: 205
Nirman International Ltd. and another Vs. Janata Bank, 2010, 39 CLC (HCD)
....der before the learned Joint District Judge referred to paragraph 8 of the said application where the petitioner placed before the Court as "according to mandatory provisions and settled principle of law related to Section 44A(1) of the Code of Civil Procedure, the judgment and decree of Abu Dhabi C......ted in: 16 BLC (HCD) (2011) 57. ......or the Opposite Party. Civil Revision No.4043 of 2005. Judgment Sharif Uddin Chaklader J.- This rule was issued calling upon the opposite party to show cause as to why the judgment and order No.1 dated 24-4-2005 passed by the learned District Judge, Dhaka in Civil Revision No.406 of 2..Category: Civil Law | Date: | Hits: 168
Bangladesh Water Development Board and other Vs. Progati Prakaushali & another, 1996, 25 CLC (HCD)
....egal and without jurisdiction. The learned Advocate further submits that the arbitrator did not at all give any proper hearing to the appellant's side nor did he hold the proceeding properly and lawfully nor consider the legal evidence and the arbitrator misconducted the arbitration proceeding ......rted in:49 DLR (HCD) (1997) 335. ......proach embankment at Gorakghata Ghat in PS Moheshkhali District Cox's Bazar under Annual Development Programme, 1987‑88. The estimated cost of the project was Taka 1,79,59,902.00. The detailed work order was issued by the Executive Engineer vide his memo No.776 dated 2‑5‑88 and the work was sc..Category: Alternative Dispute Resolution | Date: | Hits: 606
Abdul Latif Vs. Md. Sheesh, 1982, 11 CLC (HCD)
....plaint. The suit came up for hearing in the trial Court regarding the valuation matter. The learned Munsif held that until and unless the sale-deed in question is set aside by a competent Court of law the said deed has got some bearing as to the ownership of the suit property which is capable of ......iff petitioner instituted Title Suit No.166/77 in the 6th Court of Munsif, Dacca against the defendant opposite party alleging that his father was killed by the miscreants at Mirpur in February, 1972 and the suit property devolved upon the plaintiff as his sole surviving heir. The defendant has been....... 6. I am supported in my view by a decision of the then Dacca High Court in the case of Kumudini Welfare Trust Vs. Pakistan, 11 DLR (Dacca) 57. In that view of the matter, the order of the learned Additional District Judge cannot be sustained. In the result, the Rule is ma..Category: Civil Law | Date: | Hits: 123
Abdul Mannan Talukder Vs. State, 1982, 11 CLC (HCD)
.... the petitioner has submitted that the alleged offence committed in 1974 could not have been in connection with the struggle for national liberation of Bangladesh or for maintenance or restoration of law and order and as such it did not come within the purview of section 2 of the Bangladesh National......r section 302 of the Penal Code read with Special Powers Act, 1974. 2. We have heard the learned Counsels for the petitioner, the accused opposite party No.2 the learned Deputy Attorney General and perused the petition. 3. It appears that upon a First Information Report lodged by the in......pposite party No.2. Moazzem Hossain, Deputy Attorney-General - For the State. Criminal Revision No. 257 of 1980. Judgment Abdur Rahman Chowdhury J.- This rule is directed against an order paned by the Additional Session Judge, Barisal allowing withdrawal of a case pending against t..Category: Criminal Law | Date: | Hits: 145
Abul Hosain Sikdar Vs. State, 1982, 11 CLC (HCD)
....gation and re investigation were done without any order from the Magistrate but the same was sent to the Magistrate who apparently quite oblivious of the provisions of law took cognizance of the case and summoned the accused. We have, therefore, no hesi......puty Attorney-General - For the State. Criminal Revision No.282 of 1979. Judgment Abdur Rahman Chowdhury J.-This rule arises out of a criminal proceeding against the accused petitioner and others under section 295A of the Penal Code with a prayer for quashing of the proceeding under......ppearing for the petitioner has urged that the entire proceeding was illegal inasmuch as the police had investigated a non-cognizable offence and submitted charge sheet without any order from the Court. 5. Now section 295A of the Penal Code under which the petitioner has b..Category: Criminal Law | Date: | Hits: 115
Abul Hossain Azad Vs. Government of Bangladesh & Others, 2005, 34 CLC (HCD)
....ging Committee of J.K. High School, communicated Vide Memo No.Sha-11/2(2)72001/599 dated 21.6.2003, issued under the signature of the respondent No.2 shall not be declared to have been passed without lawful authority and is of no legal effect. 2. It is stated in the petition that the election of......gment ABM Khairul Hague J.- The Rule Nisi was issued at the instance of Abul Hossain Azad the petitioner calling upon the Government of Bangladesh represent by the Secretary, Ministry of Education and 4 others to show cause as to why the order nominating the respondent No.5 as the Chairman of the......isi was issued at the instance of Abul Hossain Azad the petitioner calling upon the Government of Bangladesh represent by the Secretary, Ministry of Education and 4 others to show cause as to why the order nominating the respondent No.5 as the Chairman of the managing Committee of J.K. High School, ..Category: Others | Date: | Hits: 181
Rawsan Ara Begum alias Rawshani Vs. State, 2005, 34 CLC (HCD)
....uld not be believed against the appellant without any independent corroboration so according to him the learned Judge of the trial Court failed to weigh and sift the evidence on record as required by law and evidently fell in an error in coming to his ultimate decision occasioning failure of justice...... Criminal Appeal No.1626 of 1999. Judgment Syed Mohammad Ziaul Karim J.- By this appeal convict appellant Rawsanara Begum alias Roshani alias Rosni has challenged the propriety of the Judgment and order dated 07-07-1999 passed by the learned Sessions Judge, Sherpur in Session Case No.37 of 19......iminal Appeal No.1626 of 1999. Judgment Syed Mohammad Ziaul Karim J.- By this appeal convict appellant Rawsanara Begum alias Roshani alias Rosni has challenged the propriety of the Judgment and order dated 07-07-1999 passed by the learned Sessions Judge, Sherpur in Session Case No.37 of 1997 c..Category: Criminal Law | Date: | Hits: 142
Mohammad Ali Miah and others Vs. Md. Sekander Ali Haowlader, 2007, 36 CLC (HCD)
.... the defendant were going to sell the suit land to others; that the plaintiff then lodged a GD entry No.1450 on 19.03.1998 at Tajoan Police Station; that the plaintiff served a legal notice through a lawyer to the defendant Nos.1 to 3 requesting them to execute and register a sale deed in favour of ......ce. Ed. This Case is also Reported in: 15 BLT (HCD) (2007) 484. ......Taka 15,28,000/- only out of which the vendors received Taka 3,00,000/= as earnest money and executed an agreement; that the executants under take to both in all the necessary papers and documents in order to execute and register a sale deed within 15 days and that after expiry of the above time lim..Category: Civil Law | Date: | Hits: 102
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