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Nrependra Nath Saha and anothers Vs. Haripada Saha & another, 2009, 38 CLC (HCD)
.... obtained the present Rule. 6. Mr. Ibrahim Mollah, the learned Advocate for the petitioners submitted that the Courts below erroneously passed their Judgments in clear violation of Hindu Mitakhara law, which should be set aside to ensure justice. In course of his argument the learned Advocate for...... This Case is also Reported in: 62 DLR (HCD) (2010) 438. ......Additional District Judge 1st Court, Pabna for hearing and after hearing the appeal the appellate Court was pleased to dismiss the appeal. 5. Being aggrieved by and dissatisfied with the aforesaid order of the appellate Court the petitioners preferred this revisional application before this Court..Category: Property Law | Date: | Hits: 83
Wahed Asgar Chowdhury Vs. Judge 2nd Artha Rin Adalat & others, 2010, 39 CLC (HCD)
.... 18. Hence the rule is made absolute on contest without any order as to costs. The Artha Rin Execution Case No.215 of 2004 now pending in the Artha Rin Adalat No.1, Chittagong be declared to be unlawful and not maintainable at all. Ed. This Case is also Reported in: 63 DLR (HCD) (2011) 3......n the order No.69 dated 13-5-1998 passed by the 2nd Artha Rin Adalat, Chittagong in Mortgage Suit No.6 of 1988 making the preliminary decree dated 29-8-1991 final, the said decree signed on 23-6-1998 and also the Execution Case No.215 of 2004 started on the basis of that final decree dated 23-6-1998......e 209. Lawyers Involved: Tawhidul Islam, Advocate - For the Petitioner. Writ Petition No.5935 of 2008. Judgment Nazmun Ara Sultana J.- This rule Nisi was issued calling in question the order No.69 dated 13-5-1998 passed by the 2nd Artha Rin Adalat, Chittagong in Mortgage Suit No.6 of ..Category: Civil Law | Date: | Hits: 134
Abu Bakkar Siddique (Md.) and others Vs. Md. Abdur Rab Khandaker & others, 2010, 39 CLC (HCD)
....fendant No.1 informed the plaintiffs that he would not execute sale deed if another Taka 20,000 were not paid to defendant No.1; that the plaintiff sent a legal notice to defendant No.1 through their lawyer on 16-3-1993 but no response was made; that finding no other alternative the plaintiffs filed...... Ed. This Case is also Reported in: 63 DLR (HD) (2011) 326. ...... 1996 affirming the judgment and decree dated 31-1-1996 passed by the Senior Assistant Judge, Mithapukur, Rangpur in Other Suit No.48 of 1993 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 plaintiffs ins..Category: Property Law | Date: | Hits: 90
Kartic Das Gupta Vs. Election Commission and others, 2011, 40 CLC (HCD)
....cate - For the added respondent No. 9. (In Writ Petition No. 9748 of 2010) Writ Petition No.9748 of 2010 with Writ Petition No.601 of 2011. Judgment Farah Mahbub J.- Since common question of law and facts are involved in both the Writ Petitions as such those have been heard together and are...... High Court Division (Special Original Jurisdiction) Present: Farah Mahbub J Farid Ahmed J Kartic Das Gupta……………………………Petitioner Vs. Election Commission and others……………………………Respondents Judgment February 15, 2011. Result: ...... and are now residing in the country on obtaining voter list, even passports. Accordingly, he submits that since they are not the Citizen of Bangladesh hence, they cannot be enlisted as voters in order to apply the right of franchise being violative of section 7(1) (ka) of the Act No.6 of 2009..Category: Election Law | Date: | Hits: 217
Abul Khair & another Vs. State, 2002, 31 CLC (HCD)
.... about absconding accused by the lower court. Case record was then sent to Court of Sessions Chandpur. It was registered as S/C 8/89. 6. One Mr. Tousar Rahman, Advocate was appointed State defence lawyer for all absconding accused. Charge under section 302 Penal Code was framed against accused Ab......………………..Respondent Judgment December 10, 2002. Result: The Appeal is dismissed. Cases Referred to- Wajear Rahman Moral (Md.) Vs. State, 43 DLR (AD) 25; Amarkumar Thakur and others Vs. State, 1988 BLD (AD) 101=40 DLR (AD) 147. Lawyers Involved: Mojibur Rahman with...... Waliur Rahman Khan with Shamima Ara Dora, Assistant Attorney-General—For the State. Criminal Appeal No.682 of 1993. Judgment Md. Abdul Quddus J.- This appeal is directed against judgment, order of conviction and sentence dated 17‑11‑1992 by Sessions Judge, Chandpur in Sessions Case N..Category: Criminal Law | Date: | Hits: 97
Hasina Khatoon and another Vs. Md. Samsur Rahman and others, 1997, 26 CLC (HCD)
.... to the proceeding by way of amendment of the petition will not in any way prejudice the opposite parties by putting any impediment in their defence and, as such, the learned Assistant Judge erred in law in rejecting the petitioner’s application for amendment of the pleadings by way of addition of......this order. Ed. This Case is also Reported in: 49 DLR (HD) (1997) 187. ......a Biswas, Advocate‑For the Opposite Parties. Civil Revision No.6262 of 1991 (Dhaka) Civil Revision No.189 of 1988 (Jessore) Judgment Gour Gopal Saha J.-This Rule is directed against the order dated 26‑4‑1988 passed by the learned Assistant Judge Keshabpore, Jessore in Miscellaneous..Category: Property Law | Date: | Hits: 94
Shamsul Huq Chowdhury Vs. Justice Md. Abdur Rouf & others, 1995, 24 CLC (HCD)
....ge of the Supreme Court of Bangladesh and now holding the office of a Judge of the Appellate Division of the Supreme Court. The matter is of great public importance involving substantial questions of law as to the interpretation of the Constitution. The learned Additional Attorney-General having alr......ule is discharged. Cases Referred to- AIR 1967 (Kerala) 259; 39 DLR (AD) 59; Writ Petition No.37 of 1987 (Not reported); Bangladesh Vs. Md. Habibur Rahman alias Manu, 31 DLR (AD) 152; Jamil Huq and others Vs. Bangladesh and others, 34 DLR 125; Halsbury's Laws of Engladcsh (3rd Edition Vol-III ......ffice as Chief Election Commissioner from 25-12‑90 to 18‑4‑95 but while the tenure of office as Chief Election Commissioner was about to be completed he suddenly relinquished the said office in order to reclaim and resume his old office along with his seniority in the office. On 8‑6‑1995 t..Category: Constitutional Law | Date: | Hits: 353
....C) Proprietor Mahtabuddin Choudhury and another Vs. Agrani Bank) in which decision one of us (Mahmudul Amin Choudhury J) was a party, where it has been held that the Artha Rin Adalat Ain is a special law under which Courts have been constituted with their own forum of appeal. By analysing the provis......e Court
High Court Division
(Civil Revisional Jurisdiction)
Present:
Mahmudul Amin Choudhury J
Gour Gopal Saha J
Kazi Gowaherul Islam (KJ Islam)……………Petitioner
Vs.
Standard Co-operative Credit Society Ltd and another………………Opposite Party
Judgment
M......uque, Advocate - For Opposite Party.
Civil Revision No.4438 of 1997.
Judgment
Mahmudul Amin Choudhury J.- This Rule was issued calling upon the plaintiff-opposite party No.1 to show cause why order dated 17-8-97 passed by the learned Subordinate Judge and Artha Rin Adalat No.2, Dhaka in Titl..
Category: Civil Law | Date: | Hits: 135
Shahidullah and others Vs. Lutfur Karim and others, 1997, 26 CLC (HCD)
....on of the suit land to the full knowledge of the plaintiffs and there had not been any forgery and false personation in the execution and registration of the kabala and the suit is also barred by the law of limitation and accordingly, the suit is liable to be dismissed with cost. 5. The learned A......d down the record at once. Ed. This Case is also Reported in: 50 DLR (1998) 328. ......ules for its protection. Human life and human society as we know them, would be impossible without the use and consumption of material things. We need food to eat, clothes to wear and tools to use in order to win a living from our environment. But to eat food we have to have land to grow on it and t..Category: Procedural Law | Date: | Hits: 103
Hifzur Rahman and 2 others Vs. State, 1995, 24 CLC (HCD)
.... of Derai Bazar for purchase of some sweets at the instance of Abul Kashem but he returned without the sweets and accused Abdul Kashem also asked him for making preparation for going to his father-in-law’s house by the boat and thereafter accused Abul Kashem, Chiranjib Pal and victim Zainal Abedin...... Case is also Reported in: 50 DLR (HCD) (1998) 325. ......ey-General - For the State. Criminal Revision No.1592 of 1994. Judgment Mahmudul Amin Choudhury J.- This Rule was issued calling upon the Deputy Commissioner, Sunamganj to show cause why the order dated 4-10-94 passed by the learned Additional Sessions Judge, Sunamganj in Sessions Case No.2..Category: Criminal Law | Date: | Hits: 102
Saiful Islam Dilder Vs. Government of Bangladesh and others, 1998, 27 CLC (HCD)
....Addis Ababa in the presence of 17 African Heads of State, that the United Nations “had widened the concept of the right of self-determination and independence, so as to cover the recognition of the lawfulness of the struggle carried on by such nations for the exercise and enjoyment of that right i......e Court High Court Division (Special Original Jurisdiction) Present: AM Mahmudur Rahman J Zakir Ahmed J Saiful Islam Dilder………….Petitioner Vs. Government of Bangladesh and others…………Respondent Judgment February 16, 1998. Result: The writ petition i......ty, illiteracy and socially disadvantaged position bar access to Court for redress of injustice, and the petitioner or his organisation fails to satisfy that he or his organisation has contributed in order to secure justice or to restore or enforce any of the human rights in the field for which he h..Category: Constitutional Law | Date: | Hits: 421
....pposite parties 1-3 instituted CR Case Nos. 342 and 346 of 1984 before the Upazila Magistrate, Chandpur Sadar alleging that those deeds were executed and registered by the mother, brother, brother-in-law and sister of the petitioner by false personation during the minority of the vendor. It is the f......so Reported in: 50 DLR (HCD) (1998) 311.
......ates - For the Respondents.
Appeal From Original Order No.52 of 1992 with Civil Rule No.58 (fm) of 1992.
Judgment
Mahmudul Amin Choudhury J.- This appeal is directed against the judgment and order dated 9-3-92 passed by the learned Subordinate Judge, Chandpur in Miscellaneous Case No. 59 of..
Category: Property Law | Date: | Hits: 113
Samir Ali (Md.) and others Vs. Md. Atiar Rahman Dafadar and others, 1996, 25 CLC (HCD)
....to flour by grinding; (h) when the donor has received something in exchange (iwaz) for the gift. 3. A gift may be revoked by the donor, but not by his heirs after his death. It is the donor’s law that will apply to revocation and not that of the donee. (4) Once possession is delivered, no....... Ed. This Case is also Reported in: 49 DLR (HD) (1997) 131. ...... I have already observed so. From the discussion made above I am firmly of the view that there is no ground for interference in this Rule. In the result, this Rule is discharged but without any order as to costs. Let the Lower Court’s Records be sent down. Ed. This Case is also Re..Category: Property Law | Date: | Hits: 85
....t Pleader of Dhaka and appointment of respondent No.4 as Government pleader of Dhaka vide Annexure-A to the writ petition should not be declared to have been made and passed illegally and without any lawful authority (a per order dated 6-11-96).
2. It is the case of the petitioner that he was enr......Mozammel Hoque J
Md. Abdul Matin J
Kazi Mokhlesur Rahman……………………………………………………………………Petitioner
Vs.
Secretary, Ministry of Law, Justice and Parliamentary Affairs, Government of the People's Republic of Bangladesh and others…………......ppointment of respondent No.4 as Government pleader of Dhaka vide Annexure-A to the writ petition should not be declared to have been made and passed illegally and without any lawful authority (a per order dated 6-11-96).
2. It is the case of the petitioner that he was enrolled as an Advocate by ..
Category: Others | Date: | Hits: 212
Shahriar Rashid Khan and another Vs. Bangladesh, 1997, 26 CLC (HCD)
....the Constitution and are of no legal effect and as to why the Dhanmondi PS Case No.10 (10)/1996 dated 2‑10‑96 and Lalbagh PS Case No.11 (11)/75 dated 4‑11‑75 should not be declared illegal, unlawful and void. 3. In Writ Petition No.5321 of 1996 Colonel (Retd.) Shahriar Rashid Khan is the ...... Jurisdiction) Present: Md. Mozammel Hoque J Md. Abdul Matin J Shahriar Rashid Khan..........................Petitioner Vs. Bangladesh represented by the Secretary, Ministry of Law and Parliamentary Affairs and others.................................Respondents (In Writ Petition N...... standi to file the writ petitions and that they might seek alternative remedy under the Criminal Procedure Code. So, the two writ petitions were not maintainable. He further submits that against the orders passed in those two writ petitions the petitioners went before the Appellate Division and pre..Category: Criminal Law | Date: | Hits: 202
Habibur Rahman Mondal (Md.) and others Vs. State and another, 2010, 39 CLC (HCD)
....” does not mean initiation of a criminal case by lodging first information report which is an absurd proposition. Moreover, it is clear from the last sentence of the aforesaid provision of law that sanction is necessary at the time of submitting investigation report to the Court; and wi......smitted to the Court below without delay Ed. This Case is also Reported in: 63 DLR (2011) 23. ......e No. 7 dated 7-4-2005 then pending in the Court of Magistrate, First Class, Gaibandha, should not be quashed or any other passed as this Court may deem fit and proper. 2. By the same Rule issuing order, all further proceeding of the above mentioned case was also stayed for a period of 6 (six) mo..Category: Criminal Law | Date: | Hits: 101
Shahajada Talukder Vs. Election Commissioner and others, 2003, 32 CLC (HCD)
....learned Assistant Attorney‑General appearing for resoondent Nos.4 and 5, submits that since the proforma respondent No.6 has already been declared as chairman under rule 20(3) of the Rules 1983, law does not contemplate intervention by this court by invoking jurisdiction under Article 102 of t......vision (Special original Jurisdiction) Present: Md. Tafazzul Islam J Md. Anwarul Haque J Shahajada Talukder...................................Petitioner Vs. Election Commissioner and others.....................................Respondents Judgment February 8, 2003. Resul......ful Alam Mahmud, Advocates—For Respondent No.6. Writ Petition No.1031 of 2003. Judgment Md. Tafazzul Islam J.- This Rule was issued calling upon the respondent to show cause as to why the order dated 5‑1‑2003 passed by the respondent No.4 rejecting the Appeal filed by the petitioner..Category: Election Law | Date: | Hits: 211
....is Court and obtained the present Rule.
8. Mr. AQM Safiullah, the learned Counsel appearing for the petitioner, submits that the learned Subordinate Judge and 2nd Artha Rin Adalat clearly erred in law in passing the impugned order on an erroneous view of the true import of Order 1 rule 10(2) of t......s also Reported in: 55 DLR (2003) 417.......ullah, Advocate—For the Petitioner.
Syed Ishtiaq Ahmed, Counsel—For Opposite Party No.1.
Civil Revision No.2611 of 1996.
Judgment
Gour Gopal Saba J.- This Rule is directed against the order dated 5‑8‑1996 passed by the Subordinate Judge and 2nd Court of Artha Rin Adalat and Comme..
Category: Civil Law | Date: | Hits: 101
Ali Azam Vs. Md. Majibullah, 2002, 31 CLC (HCD)
....vant and there was a bar to purchase the land in his own name, so, in order to conceal his name he purchased the suit land in the name of his brother, the defendant. Then plaintiff failed to show any law to substantiate his claim that there was any bar to purchase any land in the name of a public se...... Vs. Md. Majibullah…………………………………….Opposite Party Judgment July 16, 2002. Result: The Rule is discharged. Cases Referred to- Bhrigurashram Missir and another Vs. Surendra Nath Mitra and another, AIR 1962 (Patna) 204; Joydayal Poddar Vs. Bibi Baje......n the custody of his full brother who has been living in his paternal house. It is evident that at the time of recent survey operation, the plaintiff brought the title documents from the defendant in order to record their name in the khatian. He further submits that the plaintiff failed to prove mot..Category: Property Law | Date: | Hits: 103
....tle Suit No.238/99 in the 1st Court of Assistant Judge, Dhaka against the present petitioner and others for declaration that the election of the society held on 13‑12‑1997 is illegal, without any lawful authority and void and that the Execution Committee constituted by the defendant is void and ......
The Rule is discharged.
Cases Referred to-
Secretary of State represented by the Collector of South Acrot Vs. Mask & Co., 44 CWN 709 (Privy Council); Rafiqul Alam (Md.) Vs. Mustafa Kamal and ors, 42 DLR (AD) 137.
Lawyers Involved:
AF Hassan Ariff with Khaleda Zaman, Siper Mustofa,......a, Advocates—For the Petitioner.
Syed Ziaul Karim with UF Ahmed, Advocates—For the Opposite Party.
Civil Revision No. 28 of 2000.
Judgment
Md. Awlad Ali J.- This Rule arises out of an order dated 30‑9-1999 passed by the Assistant Judge, 1st Court, Dhaka in Title Suit No.238 of 19..
Category: Procedural Law | Date: | Hits: 124
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