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Golam Beg Vs. Hajera Begum, 2010, 39 CLC (HCD)
....of title of Zitu Beg in the suit land, particularly when Koresh Beg, father of Zitu Beg is the CS recorded tenant vide Exhibit 2(Kha) and thus, I find that both the Courts below committed an error of law resulting in an error in the decision occasioning failure of justice in their Judgments and decr......nt Md. Azizul Haque J.- The Rule was issued on an application under section 115(1) of the Code of Civil Procedure calling upon the opposite party No.1 to show cause as to why the impugned Judgment and decree dated 10-4-2006 passed by the Joint District Judge, Section Court, Narail in title Appeal......ge, Section Court, Narail in title Appeal No.44 of 2000 reversing those dated 3-4-2000 passed by the Senior Assistant Judge, Narail in Title Suit No.6 of 1992 should not be set aside and/or any other order passed as this Court may deem fit and proper. 2. By the same Rule issuing order dated 30-7-..Category: Property Law | Date: | Hits: 103
Motiur Rahman Vs. AKM Shamsul Alamin and another, 2010, 39 CLC (HCD)
....endant No.1. On 4-5-1995, defendant No.1 filed an adjournment prayer, which was rejected and the suit was fixed on 10-4-1995 for order. On 10-4-1995, the ex parte decree was passed in accordance with law. 9. Both parties adduced evidence and the learned Subordinate Judge dismissed the miscellaneo......R (HCD) (2010) 449. ...... Md. Azizul Haque J.- The Rule was issued on an application under section 115(1) of the Code of Civil Procedure calling upon the opposite party No.1 to show cause as to why the impugned Judgment and order dated 22-8-1999 passed by the Additional District Judge, Fifth Court, Dhaka in Miscellaneous A..Category: Procedural Law | Date: | Hits: 170
Trade Multi Plex and another Vs. Artha Rin Adalat and another, 2010, 39 CLC (HCD)
....uit No.45 of 2003 reside together in the same house. Defendant No.5 is the mother of defendants Nos.2-4 of the Artha Rin Suit. Being satisfied, with the services of summons/notices in accordance with law, the learned Judge of the Adalat fixed a date for ex parte hearing of the suit on 1-9-2007. Defe......s Case is also Reported in: 62 DLR (HCD) (2010) 533.......ther.....................Petitioners Vs. Artha Rin Adalat and another………………………….Respondents Judgment August 24, 2010. Result: The rule is discharged and the stay order granted earlier stands vacated. Case Referred to- The Oriental Bank Ltd. Vs. Artha Rin A..Category: Civil Law | Date: | Hits: 157
Tarique Rahman Vs. Government of Bangladesh and others, 2010, 39 CLC (HCD)
....ental rights of the petitioner guaranteed under Article 44 and 35(1) of the Constitution of the People's Republic of Bangladesh should not be declared to have been initiated and continued without any lawful authority and is of no legal effect and/or such other or further order or orders passed as to...... with law. Ed. This Case is also Reported in: 62 DLR (HCD) (2010) 524. ......the Constitution of the People's Republic of Bangladesh should not be declared to have been initiated and continued without any lawful authority and is of no legal effect and/or such other or further order or orders passed as to this Court may seem fit and proper." 2. At the very outset, Mr. Rafi..Category: Criminal Law | Date: | Hits: 112
Abdul Kashem Vs. University of Chittagong, 2008, 37 CLC (HCD)
....oner and taken punitive action against him which was communicated to the petitioner by the respondent No.5 vide Letter dated 31-3-2006, Annexure-G(1) should not be declared to have been taken without lawful authority and is of no legal effect and why they shall not be directed to turn back the origi...... Original Jurisdiction) Present: AFM Abdur Rahman J SM Emdadul Hoque J Abdul Kashem......………………Petitioner Vs. University of Chittagong represented by the Vice-Chancellor and others………….Respondents Judgment October 15, 2008. Result: The Rule is made a...... submitted by the petitioner to obtain English Mark Sheet shows the Registration Number, external 8126 of the year 1989-90 which is for First part, MA English examination. However, the petitioner, in order to get English Mark Sheet should have submitted the Registration Card of 1983 for BA (pass) ex..Category: Others | Date: | Hits: 186
Nur Hossain Miah & others Vs. Bangladesh and others, 2010, 39 CLC (HCD)
....etition Nos. 4206, 5067, 4202 and 4207 of 2009. Judgment Md. Ashfaqul Islam J.- Writ petition Nos.4206, 5067, 4202, 4207 of 2009 are heard together and disposed by a common question of fact and law. 2. In writ Petition No.4206 of 2009 initiation of Tejgaon PS Case No. 53 dated 19-3-2009 und......t High Court Division (Special Original Jurisdiction) Present: Md. Ashfaqul Islam J SA Emdadul Hoque J Nur Hossain Miah & others……………..Petitioners Vs. Bangladesh and others……………..Respondents Judgment October 6, 2010. Result: All the Rules a......etition No.4206 of 2009 in has been categorically stated that the petitioners are fugitive from justice or law and have no right to seek aid or assistance of any Court and the Court will not pass any order in their aid. This view finds support in the decisions reported in Anti-Corruption Commission ..Category: Criminal Law | Date: | Hits: 107
Ibrahim Khalil and others Vs. Mujibur Rahman and others, 2012, 41 CLC (AD)
....is no evidence on record, the High Court Division embarked upon an inquiry as to the identity of the suit land and the land of deeds of sale and came to a wrong finding and as such committed error of law. 10. Mr. Syed Amirul Islam, learned Senior Advocate appearing on behalf of respondent Nos.1-...... Division (Civil) Present: 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 Ibrahim Khalil and others………………........Petitioners Vs. Mujibur Rahman and others…….................nstructed by Md. Taufique Hossain, Advocate-on-Record- For Respondent Nos.1-2. Not represented- Respondent Nos.3-7. Civil Petition for Leave to Appeal No.1833 of 2011. (From the judgment and order dated 27.01.2011 passed by the High Court Division in First Appeal No.140 of 2005) Judgment..Category: Civil Law | Date: | Hits: 186
Md. Omar Ali Mondal and others Vs. Md. Abdul Hamid and others, 2012, 41 CLC (AD)
....vil petition for leave to appeal before this Division. 5. Mr. Md. Nurul Amin, learned Advocate appearing on behalf of the leave-petitioners, submits that the High Court Division committed error of law in affirming the judgment and decree passed by the appellate Court without taking into considera......: Md. Muzammel Hossain CJ 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 Md. Omar Ali Mondal and others…………...............Petitioners Vs. Md. Abdul Hamid and others.....................iffs being aware about the suit filed another suit with a view to harassing the defendant and as such, the suit was liable to be dismissed. 4. The trial Court decreed the suit by the judgment and order dated 26.05.1976. Against the judgment and decree of the trial Court, the defendant filed Titl..Category: Property Law | Date: | Hits: 101
Government of Bangladesh and others Vs. Mrs. Rana Awan, 2012, 41 CLC (AD)
.... Division and obtained Rule Nisi. After that, the High Court Division made the Rule absolute declaring that the action of the Government treating the respondent’s house as abandoned was without any lawful authority. 4. Being refused by the concerned Authority in mutating her name in the record......Muzammel Hossain CJ 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 Government of Bangladesh and others…………......Appellants Vs. Mrs. Rana Awan………………………………â......te-on-Record- For the Appellants. M. I. Farooqui, Senior Advocate, instructed by Mr. M.G. Bhuiyan, Advocate-on-Record-For the Respondent. Civil Appeal No. 293 of 2009. (From the judgment and order dated 09.11.2004 passed by the High Court Division in Writ Petition No.770 of 2004)). Judgm..Category: Property Law | Date: | Hits: 121
Md. Rafiqul Islam alias Rafique Vs. State, 2011, 40 CLC (HCD)
....rasion on the dead body. He further stated that because of blood pressure the victim’s heart was enlarged and because of enlargement of heart, a man can die. 9. P.W.7 Anwara Akhter, daughter-in-law of victim Shona Mia stated that on the date of occurrence there was an altercation between her f......or the appellant. Ms. Rona Nahrin, Assistant Attorney General - For the respondent. Criminal Appeal No.1938 of 1996. Judgment Md. Ruhul Quddus J.- This appeal is directed against judgment and order dated 31.8.1995 passed by the Additional Sessions Judge, Narayangong in Session Case No.40......he appellant. Ms. Rona Nahrin, Assistant Attorney General - For the respondent. Criminal Appeal No.1938 of 1996. Judgment Md. Ruhul Quddus J.- This appeal is directed against judgment and order dated 31.8.1995 passed by the Additional Sessions Judge, Narayangong in Session Case No.40 of ..Category: Criminal Law | Date: | Hits: 101
SM Sabbir Hasan Vs. State, 2011, 40 CLC (HCD)
....Anti-Corruption Commission Rules, 2007 is applicable only in the case of any officer of the Anti-Corruption Commissioner, who lay the trap and conduct the trap operaÂtion only. But this provision of law being a special law like Anti-Corruption Commission Rule, 2007 or section 20 or 17 of the Anti-C......jected. Case Referred to- 14 MLR 482. Lawyers Involved: Abdul Matin Khasru, Advocate - For the Accused-Petitioner. KM Zahid Sanvar, Deputy Attorney-General with Md. Zakir Hossain Ripon and Monzu Naznin (Rozy), Assistant Attorney-General—For the State. Md. Khurshid Alam Khan, Advo......s instructed by the Anti-Corruption Commission to investigate the matÂter. 8. We have heard the learned Advocates of both the sides and perused the application. 9. In appears from the impugned order that the Court below has seen the CD and became sure about the transaction. Mr. Md. Khurshid A..Category: Criminal Law | Date: | Hits: 111
Commissioner of Customs, Chittagong Vs. Tectonics and others, 2010, 39 CLC (HCD)
.... the Customs Appeal. 5. In reply, Mr. Aminuddin, the learned Advocate for respondent No.1 appearing with Mr. Munshi Moniruzzaman submits that the Customs Act, 1969 (in short, the Act) is a special law and in section 194 D of the Act special provision has been made for filing an appeal before the ......High Court Division (Special Original Jurisdiction) Present: Zinat Ara J Md. Abu Zafor Siddique J Commissioner of Customs, Chittagong…………………Appellant Vs. Tectonics and others……………………Respondents Judgment July 6, 2010. Result: The rule is......oms, Chittagong, a rule was issued calling upon the respondents to show cause as to why the delay of 314 days in presenting the Customs appeal should not be condoned and/or pass such other or further order or orders as to this Court may seem fit and proper. 2. The respondents imported some motor ..Category: Procedural Law | Date: | Hits: 111
....erred this appeal.
7. Mr. Golam Arshed with Mr. Serajul Haque learned Advocate appearing on behalf of plaintiff-appellant have submitted that the learned Joint District Judge committed an error of law rejecting the plaint on the finding that the suit is barred under section 42 of the Specific Rel......ourt
High Court Division
(Civil Appellate Jurisdiction)
Present:
Farid Ahmed J
M Enayetur Rahim J
Abdul Quayum………………Appellant
Vs.
International Finance Investment and Commerce Bank Ltd. and others……………Respondents
Judgment
January 17, 2010
Resul......intiff of the suit.
2. The appellant as plaintiff on 8-4-2007 instiÂtuted Title Suit No.83 of 2007 in the 5th Court of Joint District Judge, Dhaka against the respondents for declaration that the order dated 5-7-1994 termiÂnating the plaintiff from the service of the defendant No.1. Bank from t..
Category: Employment/Service Law | Date: | Hits: 175
Afifa Sultana Vs. Judge, Artha Rin Adalat and others, 2011, 40 CLC (HCD)
.... It is hardly believable that she was not aware about the said suit as all other directors of the Company contested the suit. Summons were duly served upon the defendant-petitioner in accordance with law. Certificate of title has also been issued in favour of the Bank under section 33(7) of the Ain ...... High Court Division (Special original Jurisdiction) Present: Zinat Ara J Md. Abu Zafor Siddique J Afifa Sultana……………………Petitioner Vs. Judge, Artha Rin Adalat and others………………………Respondents Judgment January 9, 2011. Result: The r......hallenged the initiation of the proceeding of Artha Jari Case No.214 of 2007 without drawing up final decree as well as Order No.4 dated 29-11-2007 for issuance of sale proclaÂmation without passing order of sale as required under Order XXI, rule 64 of the Code of Civil Procedure and the successive..Category: Civil Law | Date: | Hits: 269
....tion Nos. 416, 438 and 452 of 1986.
Judgment
Mustafa Kamal J.- These 3 Writ petiÂtions have been heard together and as they arise out of a common occurrence and involving the same questions of law they will be disposed of by this common judgment.
2. The petitioner in Writ petition No.416 o......d Ahmed, Advocate - For the PetiÂtioners (In all the Writ Petitions).
A.F. Hasan Ariff, Deputy Attorney General - For the ResponÂdents (In all the Writ Petitions).
Writ Petition Nos. 416, 438 and 452 of 1986.
Judgment
Mustafa Kamal J.- These 3 Writ petiÂtions have been heard together ......was serving as Naib Subedar in the same outpost on 1.1.86.
3. Their common case is that on 1.1.86 at about 10 P.M. the respondent No.3, the Sector Commander, Dinajpur made a surprise visit to the border areas of the said Boirchuna border outpost. The petitioner No.1 states that the said responden..
Category: Others | Date: | Hits: 167
Machafrue Magni Vs. Seman Magni & others, 1988, 17 CLC (HCD)
....s the eldest sister of said Shachuma Magni, so under the Burmese Buddhist Law by which they are governed, the plaintiff inherited the entire property left by Schachuma Magni as inheritance under that law does not ascend but descend. The name of the plaintiff was duly mutated but on the objection of ......Vs. Seman Magni & others…………………………………Opposite Parties Judgment April 5, 1988. Result: The appeal is dismissed with cost. Case Referred to- Ma Thein and others Vs. Maung Sin and others, AIR 1938 74. Lawyers Involved: Hemayetuddin Ahmed, Advoca......al has no substance. In the result, the appeal is dismissed with cost. The judgment and decree of the Court below are affirmed. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 457. ..Category: Property Law | Date: | Hits: 107
Anwar Ali Vs. State, 1987, 16 CLC (HCD)
....es. The accused appellant with the help of the members of his staff had removed and taken away the said attached machineries some lime after June, 1981. The accused appellant thus dishonÂestly for unlawful gain committed theft and misapÂpropriated the attached machineries worth Tk. 10,00,000/-(Tak...... Appellant. S. B. Barua, Advocate - For the State. Criminal Appeal No.325 of 1987. Judgment Fazle Hussain Mohammad Habibur Rahman J.- Accused-Appellant Md. Anwar Ali was tried in absentia and convicted u/s 16 (3) read with section 16(1)(a) of the Special Powers Act, 1974 by Mr. Afzalul H......ectors for realiÂsation of the said dues and also for realisation of damages and interest till the realisation of the total amount due to the Bangladesh Shilpa Bank. The District Judge, Pabna by his order dated 13-5-78 passed ad-interim order of attachment of the machineries of the said Oil Mill. T..Category: Criminal Law | Date: | Hits: 108
Haji Karamat Ali Master Vs. Lehajuddin Talukder & others, 1988, 17 CLC (HCD)
....e that plaintiff has obtained the instant rule. 6. It has been urged by Mr. P.C. Guha, the learned Advocate on behalf of the petitioner that the learned Subordinate Judge has committed an error of law resulting in an error in the decision occasioning failure of justice, in not considering the mat......of 1985. Judgment DM Ansaruddin AhÂmed J.- This Rule issued on an application under section 115 of the Code of Civil Procedure at the instance of the plaintiff is directed against the judgment and deÂcree dated 6.6.85 and 8.7.85 respectively passed by the Subordinate Judge, Barguna, in Title......g failure of justice. In such view of the matter the impugned judgment and decree cannot be sustained in law and are liable to be set aside. 9. In the result, the Rule is made absolute without any order as to costs. The impugned judgÂment and decree passed by the learned Subordinate Judge, Bargu..Category: Property Law | Date: | Hits: 82
Dr. Suraiya Hossain Vs. Taherunnessa, 1988, 17 CLC (HCD)
....nd there was no trouble but at the later part of the tenancy trouble started. From the legal notice, Ext.A it appears that on 17.8.83 a notice was issued upon Dr. Suraiya at 19, Kakrail, Dhaka by the lawyer appointed by the landlady and it stated that after the expiry of the stipÂulated time of the...... Judgment May 12, 1988. Result: Civil Revision No. 561 of 1987 is discharged. Cases Referred to- Ahmedur Rahman Vs. Sk. Mofazzal Hossain, 14 DLR 826; Rafique & others Vs. Siddique and others, 22 DLR 59; Dasarath Vs. Sarat Chandra, 37 CWN 971; Kobbat Ahmed Vs. Abdus Sabur, 25 DLR ...... Hoque Chowdhury J.- These Civil Revisional applications being Revision Nos.471 of 1987; 561 of 1987 1986 have been heard one after another. 2. Civil Revision No.471 of 1987 is directed against an order and judgment dated 5.2.1987 passed by the learned Addl. District Judge, 1st. Court, DhaÂka in..Category: Property Law | Date: | Hits: 88
Jalaluddin Vs. Bangladesh, 1989, 18 CLC (HCD)
....dent No.1 (Annexure E) and the Notification dated 12.12.88 issued by the ElecÂtion Commission (Annexure H) so far as those relate to Sylhet Pourashava shall not be declared to have been made without lawful authority and are of no leÂgal effect. 2. The petitioner is a resident of village Ghashit......si issued under Article 102 of the Constitution the respondents were asked to show cause as to why the Notification dated 20.10.88 issued in the Bangladesh Gazette by the respondent No.1 (Annexure E) and the Notification dated 12.12.88 issued by the ElecÂtion Commission (Annexure H) so far as those......mÂplied with those urban areas cannot be included in the Sylhet Pourashava and the residents of those areÂas will elect their representatives under the Union Parishads Ordinance as before. 7. In order to consider the first submission of Mr. Hannan let us quote the relevant provisions of Pourash..Category: Property Law | Date: | Hits: 108
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