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Sree Nitta Nando Dey and others Vs. Nogendra Krishna Kundu and another, 2011, 40 CLC (HCD)
....nd Court, Munshiganj in Title Appeal No. 119 of 1994 are hereby set aside and those of the trial Court are restored. Send down the lower Courts’ records. Ed. This Case is also Reported in: ...... believed the sale agreement to have been executed by defendant No.1 and accordingly decreed the suit, but the appellate Court though found that the trial Court passed its judgment in accordance with law and there is no reason to interfere with the same, allowed the appeal and thereby committed erro..Category: Property Law | Date: | Hits: 76
S. M. Basiruddin Vs. Zahurul Islam Chowdhury and another, 1982, 11 CLC (AD)
....e appeal is allowed with cost, the orders allowing preemption are set aside and the application for pre-emption is dismissed. Ed. This Case is also Reported in: 35 DLR (AD) (1983) 230. ......tion the learned Advocate submitted that the decision relied upon by the High Court Division in the case of Brindaban Chandra Chowdhury Vs. Mosammat Rezia Begum (1964) 16 DLR 77 has not laid down the law on correct interpretation of section 24 of the Non-Agricultural Tenancy Act. 3. Now let me ..Category: Property Law | Date: | Hits: 85
Md. Shahar Ali and others Vs. Sree Sailesh Chandra Sen and others, 2012, 41 CLC (HCD)
.... the Rule is discharged. The ad interim order of status quo passed earlier at the time of issuance of the Rule is vacated. Communicate a copy of the judgment. Ed. This Case is also Reported in: ......porary injunction can be granted. The defendants never made any attempt to dispossess the plaintiffs from anywhere. The plaintiffs rather were disturbing them and trying to dispossess them from their lawful property taking advantage of the order of temporary injunction. 7. On the other hand Mr. M..Category: Property Law | Date: | Hits: 84
Md. Rejaul Haque @ Ezaul Vs. State, 2011, 40 CLC (HCD)
....ed in any other case. Send down the Lower Court Records along with a copy of this judgment and order at once. Md. Afzal Hossain Ahmed J. - I agree. Ed. This Case is also Reported in: ......red and defence declined to cross examined them. None of the public and seizure list witnesses supported the prosecution case. So, judgment and order of conviction and sentence are not sustainable in law. He further submits that even prosecution has failed to prove the case by adducing any independe..Category: Criminal Law | Date: | Hits: 95
Mahbub-ul-Alam Md. (Minor) and another Vs. Md. Alimuddin Karikor, 2009, 38 CLC (HCD)
.... judgment and order dated 9-4-2007 passed by the Revisional Court below is hereby set aside and that of the Executing Court is upheld. Ed. This Case is also Reported in: 15 BLC (HCD) (2010) 76. ......o. 1/2003 under Order XXI, rule 32(1) of the Code of Civil Procedure for restoration of their possession in the suit land and also for taking other measures against the defendants as per provision of law. Defendants contested the Execution Case by filing written objection. Executing Court vide it's ..Category: Civil Law | Date: | Hits: 100
Md. Masuk Miah and others Vs. Md. Foyzur Rahman and others, 2012, 41 CLC (AD)
.... prepare the paper books out of Court in accordance with Rule. The order of stay granted earlier is extended till disposal of the appeal. Ed. This Case is also Reported in: 9 ADC (2012) 242.......Court of fact in violation of Order XLI Rule 31 of the Code of Civil Procedure did not discuss the evidence on record and as such the judgments of the Courts below are not tenable in the eye of law; III. Because, the vendor of the plaintiffs after exhausting his land in favour of different ..Category: Property Law | Date: | Hits: 87
Zillul Haq and others Vs. Maloti Bala Dey & others, 1998, 27 CLC (HCD)
.... for his perusal and necessary action. The order of stay earlier granted by this Court stands vacated. Send down the LCR at once. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 367....... matter found that the suit property is not a vested property. The plaintiff contended that she has title and possession in the suit property and, as such, the defendants have no right to disturb her lawful possession by exercising executive powers. 3. Defendant Nos.1-2 Government of Bangladesh a..Category: Property Law | Date: | Hits: 88
Halima Jaman and other Vs. Government of Bangladesh, 1998, 27 CLC (HCD)
.... 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. ......ld have lived but in the house of defendant No.1, namely, Abdus Satter Solaiman where the presence of both the wife of the plaintiff in the house of Abdus Satter Solaiman and of P.W.2, his brother-in-law, would be not be very normal and natural in the facts and circumstances of the case, they having..Category: Property Law | Date: | Hits: 89
Shefali Rani and others Vs. Makhan Chandra Das and others, 1990, 19 CLC (HCD)
.... The documents in question, as described in the schedule of the plaint are declared as void and fraudulent. No order as to costs. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 341. ......985 in the following manner: (a) for the words “some portion” the words “major portion” shall be substituted”. So the provision of section 28 as was there earlier did not authorise by law, the Sub-register Begumgonj to register the deeds in question as no property invoked within the ..Category: Procedural Law | Date: | Hits: 105
Mokthar Masum Abedin and others Vs. Nironjan Kumar Mondol and others, 1997, 26 CLC (HCD)
.... two thousand) only to the plaintiff-opposite- party. Stay granted by this Court at the time of issuance of the Rule stands vacated. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 341.......in the suit is a revisable order needed to be revised in Revisional Jurisdiction under section 115 of the Code and, as such, the Civil Revision is quite maintainable. Misdescription of a provision of law or misquotation of a particular section or Order or Rule in the heading cannot stand in the way ..Category: Procedural Law | Date: | Hits: 74
Mayurer Nessa and others Vs. Julekha Khatoon and others, 1994, 23 CLC (HCD)
....ees of the Courts below are modified and the suit is decreed in part in preliminary form in terms of compromise petition dated 4.3.1964. Ed. This case is also Reported in: 47 DLR (HCD) (1995) 26.......e estopped from giving a go by to the same to the prejudice of the said defendants. 11. In the aforesaid facts and circumstances of the case I find that decision of the Courts below is contrary to law in not giving effect to the compromise effected between the plaintiffs and non‑contesting defe..Category: Procedural Law | Date: | Hits: 85
Abdul Motaleb Shaque and others Vs. State, 1994, 23 CLC (HCD)
....is nothing to interfere with the impugned order. The Rule is discharged. The stay order granted earlier by this Court is hereby vacated. Ed. This Case is also Reported in: 47 DLR (HCD) (1995) 24.......is nothing to interfere with the impugned order. The Rule is discharged. The stay order granted earlier by this Court is hereby vacated. Ed. This Case is also Reported in: 47 DLR (HCD) (1995) 24...Category: Procedural Law | Date: | Hits: 80
Santosh Kumar Paul Vs. Nuruddin Ansari, 1993, 22 CLC (HCD)
....ate Court is set aside and that of the trial Court is upheld in part with the above term. Let the records be sent down expeditiously. Ed. This Case is also Reported in: 47 DLR (HCD) (1995) 70.......nd cannot interfere with such question of fact. 16. I have heard the learned Advocate of both the sides and carefully considered their submissions vis‑a‑vis evidence on record and the relevant laws and I find much force in the above submissions of the learned Advocate, for the respondent Nuru..Category: Procedural Law | Date: | Hits: 129
Lt. Cdr (Retd) AHM Mahmud Vs. Masud Ahmed, 2010, 39 CLC (HCD)
.... the petitioner within 3(three) months from receipt of a copy of this judgment. Let a copy of this judgment be communicated at once. Ed. This Case is also Reported in: 63 DLR (HD) (2011) 149. ...... 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 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..Category: Employment/Service Law | Date: | Hits: 156
Abdus Sattar and another Vs. Md. Ali Hossain Prodhan, 2009, 38 CLC (HCD)
....er as to cost. The order of stay granted earlier by this Court stands vacated. Office is directed to communicate the order at once. Ed. This Case is also Reported in: 63 DLR (HD) (2011) 147.......udge, therefore, learned Special District Judge, have to comply the order passed by learned District Judge, but by rejecting such application the learned Special District Judge, committed an error of law, resulting in an error in the decision occasioning failure of justice. 5. The Rule is not opp..Category: Civil Law | Date: | Hits: 95
Abul Hasnat Md. Belal Vs. Md. Alauddin and others, 2008, 37 CLC (HCD)
....pplication for amendment. In support of his contention the learned Counsel refers the case of Nizamuddowla Vs. Nurul Islam reported in 22 DLR 277 wherein it has been held: "Earlier application for amending prayer portion was rejected by the trial Court-Subsequent application with a new prayer, th......8. Secondly, the impugned order is not a speaking order inasmuch as without assigning any reason the learned Judge of the Court below passed the impugned order which cannot be sustained in the eye of law. 9. Mr. Rabi Shankar Chakraborty, the learned Advocate appearing for the opposite party No.1 ..Category: Procedural Law | Date: | Hits: 90
Ataur Rahman (Md.) Vs. Bangladesh and others, 2010, 39 CLC (HCD)
....is still in seisin of the matter. Consequently, the prayer for certificate is rejected. Ed. This Case is also Reported in:62 DLR (HCD) (2010) 329; 30 BLD (HCD) (2010) 154. ......dges and other Judicial officers, 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 plac..Category: Constitutional Law | Date: | Hits: 270
Bazlur Rahman (Md.) Vs. Government of the People's Republic of Bangladesh, 2009, 38 CLC (HCD)
....from the date of receipt of the Judgment and order. Communicate the order at once. Ed. This Case is also Reported in: 62 DLR (HCD) (2010) 360; 18 BLT (HCD) (2010) 279. ......ngladesh..........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 ..Category: Others | Date: | Hits: 149
American Life Insurance Company Vs. Dacca Poura Shaba and others, 1978, 7 CLC (AD)
....xplained that according to clause (1) of the Model Tax Schedule the tax on buildings and lands has been defined as tax which coincides with the description as laid down in notification dated 16.11,68 amending clause 1 of rule 3 of the Model Tax Schedule prescribing the highest ceilings in case of pr......pality moved the High Court in the writ jurisdiction being Writ Petition No.159 of 1971, contending, inter alia, that the Additional Commissioner totally misconceived, misconstrued and misapplied the law in taking the view that the Municipality in levying tax could not exceed 17%, that is, the ceili..Category: Fiscal/Taxation Law | Date: | Hits: 156
Bangladesh Steamer Agent's Association Vs. Bangladesh & others, 1979, 8 CLC (AD)
....udgment of the High Court Division is set aside and the impugned order is set aside as having been passed without any lawful authority. Ed. This Case is also Reported in: 31 DLR (AD) (1979) 272.......adesh Steamer Agent's Association”. This order has been issued under section 8(1)(b) of the Ordinance which is as follows: "8. (1) Notwithstanding anything contained in the Act or in any other law for the time being in force or in the articles or memorandum— (b) The (Appropriate Governme..Category: Business or Commercial Law | Date: | Hits: 208
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