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Mafizur Rahman Vs. Joynal Abedin and others, 1992, 21 CLC (HCD)
....milla) Civil Revision No.6019 of 1991 (Dhaka) Judgment M Mahmudur Rahman J.-In this case a simple question was raised for decision as to whether a petition without stating the amount of the property to be recovered before the Village Court is maintainable. 2. The predecessor‑in‑inte......992) 158. ......ecords expeditiously. Let a copy of the judgment be sent to the learned Subordinate Judge at his present station for his guidance. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 158. ..Category: Property Law | Date: | Hits: 74
Pubali Bank Ltd. Vs. Sultana Oil Mills and Soap Factory and others, 1998, 17 CLC (HCD)
....artnership firm, against the pledge of oil seeds and other stock-in-trade. The defendant Nos.2 to 4, the partners of the defendant No.1 also executed collateral security. Defendant No.3 mortgaged his property as further security for the loan. The charge documents were executed on 27-5-1963. The defe....... ......ls and reminders. Fresh charge documents were executed in the year 1965 and also in subsequent years. But the outstanding loan amount was not paid by the defendants. The plaintiff thereafter served a legal notice and ultimately filed the suit for recovery of the said outstanding loan amount with int..Category: Business or Commercial Law | Date: | Hits: 196
Khorshed (Md.) alias Khorshed Vs. State, 1999, 18 CLC (HCD)
....d to give a different version at the time of trial, the other witnesses supported the prosecution case and proved the same. So, according to him, the conviction given by the trial Court was legal and proper. 4. We have already noticed that in this case the informant himself gave different version...... the State. Criminal Appeal No.538 of 1995. Judgment Md. Hamidul Haque J.- This appeal at the instance of sole convict appellant Khorshed is directed against the judgment order of conviction and sentence passed by the learned Additional Sessions Judge, 5th Court, Dhaka in Sessions Case No.4......rmant tried to give a different version at the time of trial, the other witnesses supported the prosecution case and proved the same. So, according to him, the conviction given by the trial Court was legal and proper. 4. We have already noticed that in this case the informant himself gave differe..Category: Criminal Law | Date: | Hits: 54
....rd appreciation for the arguments advanced by Mr. Razzaque.
For the aforesaid discussion, the Rule is discharged but with no costs.
Ed.
This Case is also Reported in: 51 DLR (HCD) (1999) 313.......rt Division
(Special Original Jurisdiction)
Present:
AM Mahmudur Rahman J
Md. Muzammel Hossain J
Raisuddin.....................Petitioner
Vs.
Secretary, Ministry of Law, Justice and Parliamentary Affairs and others ………………..Respondents
Judgment
January 13, 199...... the order dated 10-6-98 (Annexure-A) of the respondent No.3 and order dated 17-6-98 (Annexure-B) of the respondent No.2 should not be declared to have been made without lawful authority and is of no legal effect. And in Writ Petition No.1927 of 1998 a Rule Nisi was also issued upon the respondents ..
Category: Civil Law | Date: | Hits: 83
Moqbul Hossain Bakul and others Vs. Mohammad Ali and others, 1998, 17 CLC (HCD)
....b impleading the opposite parties No.1-4 as first party defendant and opposite parties No. 5-7 as 2nd party defendants, praying for declaration of their rayati right by purchase in ‘kha’ schedule properties which is included in ‘Ka’ schedule property and for a declaration that the Kabala exe......ower court records at once. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 307. ......aintain status quo in respect of the possession of the suit property is hereby vacated. Send down the lower court records at once. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 307. ..Category: Property Law | Date: | Hits: 65
....34 of 1970 dismissing the suit.
2. The petitioner as plaintiff instituted a suit in the Second Court of Subordinate Judge, Dhaka being Title Suit No.34 of 1970 for declaration of title in the suit properly and for a further declaration that the suit property cannot be treated as Enemy property (V......
(Civil)
Present:
Gour Gopal Saha J
Hindu Deity Lakshmi Gobinda Jew………………Petitioner
Vs.
Deputy Custodian, Enemy Property (now Vested Property), Government of Bangladesh and others...………..Opposite Parties
Judgment
August 16, 1998.
Result:
The Rule is ......itle interest and possession therein at any point of time and there is absolutely no basis for the fraudulent entry in the SA Khatian. It has also been alleged that recently defendants 1 and 2 made illegal exercises for treating the suit property as an enemy property, now vested property, taking adv..
Category: Property Law | Date: | Hits: 102
Hosna Jahan (Munna) Vs. Md. Shajahan (Shaju) and others, 1998, 17 CLC (HCD)
....cising jurisdiction under section 115(1) of the Code of Civil Procedure were invested with the jurisdiction to strike down a piece of legislation which is the absolute and exclusive jurisdiction of a properly constituted Court exercising jurisdiction under Article 102 of the Constitution of Banglade...... in: 51 DLR (HCD) (1999) 295.......-95 asking his father-in-law i.e. defendant No.2 to send Hosna to his (husband’s) house. The said notice was duly served on 12-12-95. Defendant No.2 instead of complying with the demand made in the legal notice filed GR Case No.165 of 1995 with the Chowddagram Police Station on certain false and f..Category: Family Law | Date: | Hits: 166
Chan Mia (Md.) Vs. Rupnahar, 1998, 17 CLC (HCD)
....ad no jurisdiction to decide the question of dower, maintenance or restitution of conjugal rights; according to him, if a marriage is disputed that point has to be first decided by a civil Court in a properly framed suit and if the marriage is held to be valid by the civil Court only then the Family......………………Opposite Party Judgment March 3, 1998. Result: The application is summarily rejected. Cases Referred to- Abdul Kadir Vs. Salima, (1886) 8 All 149; Khodeza Begum and others Vs. Md. Sadeq Sarker, 1998 BLD 31; Anis Begum Vs. Md. Mostafa Wale, (1933) 55 All 743. ......and though solemnised generally with recitation of certain versus from the Koran, yet the Muhammadan Law does not positively proscribe any such service peculiar to the occasion.” 16. Marriage is legally contracted by a declaration made by one contracting party being followed by a corresponding ..Category: Family Law | Date: | Hits: 166
Shamsuddin Ahmed and others Vs. Government of Bangladesh and others, 1993, 22 CLC (HCD)
....tle Appeal No.170 of 1992 allowing appointment of receiver during the pendency of the appeal, should not be set aside or such other or further order or orders passed as to this Court may seem fit and proper. 2. The facts giving rise to this Rule are that the plaintiff petitioners instituted a sui...... Reported in: 45 DLR (HCD) (1993) 675. ......dant opposite parties for a declaration of their title to the suit land described in the schedule to the plaint and for a further declaration that the order passed in Mutation Case No.96/81‑82 is illegal, collusive and not binding upon the plaintiff petitioners and also for a direction to the defe..Category: Property Law | Date: | Hits: 68
Bangladesh and another Vs. Banarashi Lal Sharaf and others, 1993, 22 CLC (HCD)
....reed the same. 6. It appears from the impugned judgment that Court below held in respect of 120 bags of bidi leaves as follows: "The evidence conclusively show that those bidi leaves to be the properties which were auction purchased by Nabi Hossain (P.W.9) in the Santahar Railway Lost Propert......is also Reported in: 45 DLR (HCD) (1993) 669.......ssed by the Subordinate Judge, Kushtia in Title Suit No.18 of 1957 decreeing plaintiff's Suit for declaration that seizure of the disputed goods on 5.1.55 and confiscation of the same on 3.9.55 are illegal and for recovery of possession of the same. 2. Plaintiff firm M/s Ram Ratan Das Banarashi..Category: Fiscal/Taxation Law | Date: | Hits: 125
Rana Madbar and others Vs. State, 1999, 18 CLC (HCD)
.... gang cannot be held liable by applying the provisions of paragraph 5 of the Schedule to the Special Powers Act, 1974. So, we are of the view that the conviction of appellant No.3 Nazrul Islam is not proper and legal. In the result, the appeal is allowed in part. The judgment, order of conviction......connection. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 499.......t any arms and ammunitions were recovered from the control and possession of the appellant Nos.1 and 2 and as such the conviction of those appellants under section 19(a) and (t) of the Arms Act was illegal. He has further argued that paragraph 6 of Schedule to the Special Powers Act, 1974 is not att..Category: Criminal Law | Date: | Hits: 59
Mizanur Rahman Khan (Md.) and another Vs. Jinnatul Ferdous and others, 1999, 18 CLC (HCD)
....ating, inter alia, that he delivered possession to the petitioner of Title Execution Case No.20 of 1997 in 18 acre of land hut he could not deliver the possession in the remaining portion of the suit property due to apprehension of tough resistance by the judgment- debtors and prayed for a larger co......Court records at once. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 493. ......it and delivered possession to the decree-holder and, as such, the petitioners are not entitled to get any relief under section 151 of the Code of Civil Procedure. It was also contended that if any illegality was committed by the Executing Court, the petitioners had remedy before that Court but with..Category: Civil Law | Date: | Hits: 66
Falu Mia Vs. Md. Nazrul Islam and others, 1999, 18 CLC (HCD)
....e purpose of the case are that opposite party No.1 as plaintiff instituted a suit in the 3rd Court of the Subordinate Judge, Dhaka being Title Suit No.131 of 1987, praying for partition of the ejmali properties as described in the schedule of the plaint. 3. The defendants appeared in the suit and......in: 51 DLR (HCD) (1999) 486. ......r the petitioner has placed before us the impugned order as well as the application under section 151 of the Code of Civil Procedure. It appears that the learned Subordinate Judge duly considered all legal aspects of the case and passed the impugned order on assigning cogent reasons on the basis of ..Category: Procedural Law | Date: | Hits: 67
Shahidul Islam Vs. Mahbubul Alam and others, 1999, 18 CLC (HCD)
....ified apology with the above direction to publish this judgment on the front page of the respective newspaper within 15 days from date. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 485.......High Court Division (Special Original Jurisdiction) Present: Kazi Ebadul Haque J Md. Muzammel Hossain J Shahidul Islam………………………….Petitioner Vs. Mahbubul Alam and others…………………………….Opposite Parties Judgment August 10, 1999. Resu......er dated 30-8-98 so far as clause No.6 of that order was concerned and order dated 20-12-98 of the said Bank should not be declared to have been made and issued without any lawful authority and of no legal effect. At the time of issuance of the Rule Nisi operation of the impugned order dated 20-12-9..Category: Criminal Law | Date: | Hits: 69
Tahmid Ahmed Vs. Jalaluddin Jafar Ali Husein, 1999, 18 CLC (HCD)
....de of Civil Procedure applicable for review by the Company Court. Even if for argument sake, provisions of Order 47 rule 1 were applicable, the grounds contained in the review application are not the proper grounds for review as contemplated under Order 47 rule 1 as they seek to re-open the case whi......ner Vs. Jalaluddin Jafar Ali Husein………………………..Objector Judgment May 27, 1999. Result: The review application is not allowed. Cases Referred to- Maqbul Ahmed and another Vs. Ahmed Impex (Pvt.) Ltd. and others, 48 DLR (AD) 82; 50 DLR 429; 51 DLR 118; 48 DLR (...... has sought to review the judgment and order dated 7-2-1999 whereby this Court declared the annual general meetings of the company for the years 1982 to 1997 held on 29-8-1998 null and void and of no legal effect as the same were not held pursuant to the directions of this Court vide order dated 19-..Category: Company Law | Date: | Hits: 186
Serajuddin Shah (Md.) Vs. Secretary, Ministry of Religious Affairs and others, 1999, 18 CLC (HCD)
....t the waqf in question was enrolled for the first time by order dated 29-11-47 and one Abdul Hafiz, son of Samiruddin, was appointed Mutawalli. Admittedly, there is no waqf deed and in the CS Khatian property of the said waqf was recorded as a Lakheraj waqf property under the Dhaka Nawab Court of Wa......(Special Original Jurisdiction) Present: Kazi Ebadul Hoque J Md. Muzammel Hossain J Serajuddin Shah (Md.)………………..Petitioner Vs. Secretary, Ministry of Religious Affairs and others………………..Respondents Judgment August 5, 1999. Result: The Rule is d...... (R) Mazar Waqf Estate and appointing respondent No.3, Deputy Administrator of Waqfs (1) as official Mutawalli (Annexure-F) should not be declared to have been made without lawful authority and of no legal effect. 2. Learned Advocate for the petitioner, after placing the petition and other materi..Category: Trust/Waqf Law | Date: | Hits: 142
Shaikh Jahangir Hossain Vs. Government of Bangladesh and others, 2001, 30 CLC (HCD)
....plot No.18, and deposited 25% of his quoted price in favour of the defendant and both of his tenders were found to be the highest, that in such circumstances the decision to cancel the tender was not proper only the ground that realistic price for the plots was not offered and the decision to transf......ellate Jurisdiction) Present: ABM Khairul Haque J K Musa Khaled J Shaikh Jahangir Hossain…………………………………..………..Appellant Vs. Government of Bangladesh and others................Respondents Judgment November 12, 2001. Result: The suit for s......retary, Railway Division, Ministry of Communication, Government of Bangladesh and 7 others, praying for a declaration that the impugned order dated 4‑8‑1992 passed by the concerned Ministry, is illegal and not binding upon him with a further prayer for specific performance of contract contendi..Category: Civil Law | Date: | Hits: 82
Nazrul Islam Vs. State and others, 2002, 31 CLC (HCD)
.... it may satisfy itself that the detenu is not being held in custody without lawful authority or in an unlawful manner or such other or further order or orders passed as to this court may seem fit and proper. 2. The petitioner, who is the cousin of the detenu, has stated in the application that th......Court High Court Division (Criminal Miscellaneous Jurisdiction) Present: Ali Asgar Khan J Md. Shamsul Huda J Nazrul Islam……………………………Petitioner Vs. State and others......................... Opposite Parties Judgment May 9, 2002. Result: The......interfere with the administration of law or the maintenance of law and order situation and, as such, the detention order being not in consonance with section 2 of the Special Powers Act the same is illegal and, as such, the detenu should be released from detention. He further submits that the detenu..Category: Criminal Law | Date: | Hits: 69
Government of Bangladesh and others Vs. Md. Shafiqur Rahman, 2011, 40 CLC (AD)
....Wit Petition No.3969 be stayed till hearing of the appeal. The appellants are directed to make the appeal ready for expeditious hearing. Ed. This Case is also Reported in: VIII ADC (2011) 572.......ndra Kumar Sinha J Md. Abdul Wahhab Miah J Nazmun Ara Sultana J Syed Mahmud Hossain J Muhammad Imman Ali Muhammad Mamtaz Uddin Ahmed J Md. Shamsul Huda J Government of Bangladesh and others………............Petitioners Vs. Md. Shafiqur Rahman……............................the writ petition) refusing re-fixation of the pay scale of the writ-petitioner to the scale of the driver of the Supreme Court of Bangladesh to have been issued without lawful authority and is of no legal effect and also for direction upon the present petitioners (respondent Nos. 1 and 2 in the w..Category: Employment/Service Law | Date: | Hits: 86
....s.
Therefore, the submissions made by the learned Advocate for the leave petitioner fall through.
The findings arrived at and the decisions made by the High Court Division having been made on proper appreciation of laws and facts do not call for interference.
Accordingly, all the leave ......resent:
Surendra Kumar Sinha J
Md. Abdul Wahhab Miah J
Nazmun Ara Sultana J
Syed Mahmud Hossain J
Muhammad Imman Ali J
Md. Shamsul Huda J
The Chief Engineer, the Local Government and Engineering Department, LGED Bhaban, Agargaon, Shere-E-Bangla Nagar, Dhaka………………….......r Writ Petitions and quoted a portion of that judgment as under:
"We hold that the regularization of other 99 persons has a presumption of correctness and respondents do not say that it was done illegally. From the reply to affidavit-in-opposition, it appears that the respondents have already kep..
Category: Employment/Service Law | Date: | Hits: 66
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