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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. ...... Khatian was not correctly prepared because neither respondent No.1 nor his vendor was co-sharer of Ayesha Khatun. He further claimed that after his purchase he applied for mutation of his name and accordingly his name was mutated in the S A. Khatian and jama was separated. The learned Subordina......Islam Chowdhury and another…………………Respondents Judgment December 14, 1982. Result: The appeal is allowed and the application for pre-emption is dismissed. Cases Referred to- Brindaban Chandra Chowdhury Vs. Mosammat Rezia Begum (1964) 16 DLR 77; Ram Charan Sutradhar V......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
Syed Selim Ahmed Vs. Apparel World (Pvt.) Ltd. and another, 2011, 40 CLC (HCD)
....On the day so fixed, the learned Judge rejected his another application for adjournment and dismissed the case for default by the impugned order, which was illegal and should be set aside for ends of justice. 5. We asked the learned Advocate for the appellant to produce some documents such as the......sed and the Civil Rule is discharged. The order ad interim order of stay passed at the time of issuance of the Rule is vacated. Faruque Ahmed J. - I agree. Ed. This Case is also Reported in: ......hmed J Md. Ruhul Quddus J Syed Selim Ahmed……………………………………………Appellant Vs. Apparel World (Pvt.) Ltd. and another……………Respondents Judgment October 27, 2011. Result: The First Miscellaneous Appeal is dismissed and the Civil Rule is disc......sed and the Civil Rule is discharged. The order ad interim order of stay passed at the time of issuance of the Rule is vacated. Faruque Ahmed J. - I agree. Ed. This Case is also Reported in: ..Category: Civil Law | Date: | Hits: 119
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: ...... 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: ......Opposite Party Nos.1 and 2 instituted Other Class Suit No. 176 of 2002 before the Senior Assistant Judge, Sadar, Sherpur for perpetual injunction restraining the defendant-petitioners from entering into the suit land and from disturbing their peaceful possession therein. Their case, in brief, is tha......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: ......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: ......Ezaul…………………Appellant Vs. The State……………………………………………Respondent Judgment July 5, 2011. Result: The Appeal is allowed. Case Referred to- Aslam Jahangir Vs. The State, XX BLD (HCD) 426. Lawyers Involved: Md. Aminul Ahsan - Fo......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. ...... 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. ......-Alam Md. (Minor) and another........Petitioners Vs. Md. Alimuddin Karikor ...........Opposite Party Judgment February 11, 2009. Result: The Rule is made absolute. Cases Referred to- Ajiran Nessa Bewa Vs. Md Abdul Mannan, 45 DLR 66 = 1992 BLD 323; Safar Ali Miah Vs. Badsha Si......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.......delivered possession thereof. Thereafter, the plaintiffs wanting to construct a boundary wall over the suit land, appointed defendant No.1, who was a well-wisher, to construct the said wall and accordingly, defendant No.1 completed construction of boundary wall. The plaintiff No.1, who was in ......bey Alam, Senior Advocate with (J. N. Deb, Advocate), instructed by Chowdhury Md. Zahangir, Advocate-on-Record—For the Petitioners. For Respondents—Not represented. Civil Petition for Leave to Appeal No. 1762 of 2009. (From the judgment and order dated 2nd June, 2009 passed by the High ......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)
....law in reversing the judgment of the trial Court without reversing the material finding arrived at by the trial Court on consideration of the evidence on record and the same has occasioned failure of justice. 9. Mr. Idrisur Rahman, the learned Advocate appearing on behalf of added opposite party ......nt does not call for any interference by this Court exercising revisional powers. 16. In the facts and circumstances of the case and the materials on record, I find no merit in this Rule and it is accordingly discharged without any order as to costs. 17. The judgment and decree passed by the l......osite party No.1 (Ka) as plaintiff instituted a suit in the Court of the Subordinate Judge, Sylhet being Title Suit No.151 of 1977, subsequently renumbered as Title Suit No.174 of 1992 on transfer to the Court of Assistant Judge Sylhet praying for a declaration that the orders dated 13-11-1976 a...... 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. ......t. The simple answer to this is, that abatement is not a ground of review of a Judgment as contemplated in Order 47, rule 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 D......f Bangladesh and others, 16 BLD (AD) 9 = 48 DLR (AD) 178. Lawyers Involved: Khandakar Mahbubuddin Ahmed with SM Munir, Fida M Kamal, Advocates - For Petitioner. SM Rezaul Karim Assistant Attorney-General - For the Respondent. Civil Rule No. 404(f) of 1995. Judgment Md. Abdul Ka......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. ......y to register the documents, as the property in question was situated within the territorial jurisdiction of the Lakshmipur Sub-registrar, the Begumgonj Sub-Registrar could no register the documents, according to the provision of section 28 of the Registration Act. The question of false personificat......…………Petitioner Vs. Makhan Chandra Das and others………………………Opposite Party Judgment February 19, 1990. Result: The Rule is made absolute. Cases Referred to- Anwar and others Vs. Abul Hossain Molla and others, 44 DLR 79; Hachina Begum and others Vs. M......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)
....ion for party be treated as framed under Order 22, rule 10 of the Code then also, the Civil revision can be converted into a Miscellaneous appeal under Order 43, rule 1(1) of the Code. In the ends of justice the High Court Division has the power to treat an application of Revision as an appeal and v...... 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.......Civil Procedure, the pendente lite-transferee-petitioners question the propriety of the order dated August 2, 1993 passed by the learned Assistant Judge, Sathkhira in Title Suit No.4 of 1991 refusing to implead them as defendants in a Suit for declaration of title and confirmation of possession and ......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
Ziauddin Ahmed Vs. Bangladesh,1994, 23 CLC (HCD)
....him. The order is mala fide and has been passed at the behest of the interested persons without application of mind. The impugned order is absolutely void being violative of the principles of natural justice and also of Articles 27, 31, 32, and 36 of the Constitution of the People's Republic of Bang......ry. The respondent further claims that the reasons of non-issuance of the passport to the petitioner was conveyed to the petitioner on 11.2.93 upon a demand notice received from the petitioner. Thus, according to the respondent, the allegation of the petitioner to the effect that the reasons of non-......Bangladesh Sachibalaya, Dhaka and Others………………………………………………….Respondents Judgment April 17, 1994. Result: The Rule is made absolute. Cases Referred to- Syed Mokbul Hossain Vs. Government of Bangladesh, 44 DLR 39; Begum Monsura Rahman Mohiuddin V......2 dated 12.12.92 issued by respondent No. 1, under the signature of respondent No.3. refusing to issue passport to the petitioner Ziauddin Ahmed should not be declared to have been passed without any lawful authority and to be of no legal effect. 2. The case of the petitioner is, that he is a for..Category: Constitutional Law | Date: | Hits: 238
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.......exclusive possession in 10 plots and even after setting aside of the ex parte decree they neither contested the suit nor disowned the compromise. Plaintiff No. 1 Kala Mia deposing as PW I stated that according to the terms of that compromise plaintiffs gave up possession of sonic lands and they are ......6.......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.......e Court that cannot mean that such days are not working days of the Court. 8. Contrary to this view several other decisions are cited by Mr. Md. Abdur Rouf, the learned Assistant Attorney General, according to which, working days mean the days on which a Judge works, so the days when the Sessions......................Petitioners Vs. State......................................................Opposite Party Judgment August 24, 1994. Result: The Rule is discharged. Cases Referred to- Ramjoy Mondal & others Vs. State, 37 DLR 252; Nayan @ Fazlul Huq Vs. State, 38 DLR 415; A......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)
....er submits that the value of the suit premises will be about Taka 5 lacs at the moment and hence it is not a case of hardship only on the part of the parties but is a question of fairness and natural justice also. 21. Now, the relief under section 22 of the Specific Relief Act is no doubt discret......laintiff appellant being hard pressed for money voluntarily entered into an agreement with the defendant to sell out the suit land to the defendant respondent for a consideration of Rs. 1201.00 and accordingly, executed a Bainapatra on the 16th Paush, 1377 BS corresponding to 1.1.71 vide Ext. B. o......nt 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. ......temnors did not accept his joining letter and instead delayed their decision, which is in violation of the judgment and order of the High Court Division and the Appellate Division. He points out that according to the contemnors they could not decide on the issue of his joining without sending the ......er Vs. Masud Ahmed……………………………………………….Contemnor-Respondents Judgment August 10, 2010. Result: The Rule is made absolute in part. Cases Referred to- Mirza Shamsuddin Beg Vs. Bangladesh, 41 DLR 356; Rangpur Palli Bidyut Samity-1 Vs. Md. Ali Re...... 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)
....e 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 opposed. 6. In order to appreciate his submissions 1 have gone thr......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.......instance of defendant respondent petitioners, calls in question the legality and propriety of the order dated 27-9-2006 passed by learned Special District Judge, and Paribesh Adalat, Dhaka refusing to comply the order dated 6-6-2006 passed by learned District Judge, Dhaka. 2. Material facts are......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
Obaidullah Khondaker (Sohel) Vs. Government of Bangladesh and others, 2010, 39 CLC (HCD)
....rry causing any damage to the surrounding area and environment. After the pronouncement of the judgment in Civil Appeal No.85 of 2006, the petitioner served notices upon the respondents demanding justice on 28-5-2009 so as to allow him to exercise his leasehold right over the stone quarry for ......he petitioner on 6-2-2006. However, a bilateral agreement was concluded between the petitioner and the respondent No.2 on 7-2-2006 embodying the terms and conditions of the lease of the Stone Mohal according to the provisions of the Mines and Mineral Resources Rules, 1968. Accordingly a formal w......Respondents Judgment February 22, 2010. Result: The Rule is made absolute. Lawyers Involved: ABM Waliur Rahman Khan, Advocate—For the Petitioner. Korunamoy Chakma, Deputy Attorney-General—For the Respondent No. 3. Writ Petition No.5253 of 2009. Judgment Moyeenul......extracting ordinary stone using no heavy machinery from 30 hectares of land in Mouza Balabari, Lohakachi and Majheepara within Upazila-Tetulia, District-Panchagar should not be declared to be without lawful authority and of no legal effect and why the respondents should not be directed not to distur..Category: Property Law | Date: | Hits: 66
Abul Hasnat Md. Belal Vs. Md. Alauddin and others, 2008, 37 CLC (HCD)
....alid ground for interference by the High Court Division unless it can be shown that the subordinate Court has committed any error of law resulting in an error in the decision occasioning failure of justice. The order of the subordinate Court may have been a bad order and improper one not having......r lands to their wives Lalita Bala, Purna Rama and Raj Bala who in turn settled the suit land with Kamarjahan Begum who subsequently become tenant under Government after SA operation and her name was accordingly recorded in the PS Khatian Nos. 291 and 87 and BS Khatian No.178. On 11-7-1986 Kamarj...........................Petitioner Vs. Md. Alauddin and others ..........................Opposite Parties Judgment November 24, 2008. Result: The Rule is discharged. Cases Referred to- Md. Emdadduddin Sk Vs. Atiqur Rahman, 1989 BLD 253=42 DLR 416; Nizamuddowla Vs. Nurul Islam, ......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)
....nd ceremonial occasions as well as for all purposes of the Government, it has lowered them down in the estimation of the people. It is necessary for them in the public interest and in the interest of justice to be seen to be of a rank sufficient to command obedience to their Judgments and orders. As......rief, runs as follows: The petitioner has no locus standi to file the Writ Petition as a public interest litigation. The impugned Warrant of Precedence. 1986 was made by the Cabinet Division according to the directive of the President. The placement of District Judges in the Table of the Wa......nbsp; 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)
.... with a view to deprive the petitioners from the benefit though legally granted honorarium from 1995 to 1999. It has been further submitted that the respondents have violated the principle of natural justice in not giving an opportunity of being heard before stopping the allowance and had most illeg......ka 6750 though earlier he had received Taka 2004 per month. The petitioner No.66 after retirement from government service is drawing pension and he is known as rehabilitated disabled freedom fighter, according to regulation 1984. 7. The petitioner No.223 was absent in medical test and as su...... 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 given opportunities to show c......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
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