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Dr. Sultan Ahmed Vs. AKM Fazlur Rahman and others, 1989, 18 CLC (HCD)
....laintiff Serajul Islam who signed it on behalf of other plaintiffs. So, if the notice is considered along with Ext.7, it appears that the notice was legally issued by the plaintiffs as required under law and there is no lacuna in issuance and service of the notice under section 106 of the Transfer o......DLR (HCD) (1992) 281. ......on behalf of the opposite‑parties, submits that the defendant failed to establish that there was no relationship between them, as landlord and tenant and as such this decree is illegal and void. In order to prove the tenancy the plaintiffs examined 5 witnesses. Their evidence were considered by th..Category: Property Law | Date: | Hits: 108
Abdul Khaleque Vs. Court of Settlement and others, 1991, 20 CLC (HCD)
....2‑H/6‑14, Mirpur Housing Estate, Dhaka in the 'K' list published on September 23, 1986 in Bangladesh Gazette Extraordinary as abandoned property should not be declared to have been passed without lawful authority and to be of no legal effect. 2. The respondent Nos.2 and 3 appeared and have...... (Special Original Jurisdiction) Present: Quazi Shafiuddin J Mainur Reza Chowdhury J Abdul Khaleque....................... Petitioner. Vs. The Court of Settlement and others ……………………..Respondents. Judgment October 22, 1991. Resul......e prayer of the petitioner, from releasing the property from the list of abandoned properties. 5. It is argued by Mr. MI. Farooqui, the learned Advocate for the petitioner that the judgment and order of the Court of Settlement is highly erroneous and stands in direct conflict with the provisio..Category: Property Law | Date: | Hits: 90
Ramizuddin and others Vs. Abdul Hamid, 2009, 38 CLC (HCD)
....দাখিল করিতে পারিবেন। নিম্ন আদালতের নথী ফেরত পাঠান হউক।” Without application of mind with the facts and law of the case and thereby, committed error of law resulting in the error in the decision occasioni......et aside. Ed. This Case is also Reported in: 62 DLR (HCD) (2010) 434....... Rule arises at the instance of the defendants on the following terms: "Let the records need not be called for and a Rule be issued calling upon the opposite party No.1 to show cause as to why the order dated 17-6-1999 passed by Subordinate Judge, 2nd Court, Dhaka in Title Appeal No.216 of 1998 a..Category: Procedural Law | Date: | Hits: 108
Abdul Kabir Vs. State, 1998, 27 CLC (HCD)
....served as follows: “Further, objects and reasons of the bill should be considered in juxtaposition with the provisions of the Anti-Corruption Act. If we do this, it clearly appears that this new law and the reasons and purposes of the bill are connected with the public servants in the commissio......4 of the Anti-Corruption Act, 1957. In reply to the notice he submitted a statement before the authority about the matter. On inquiry, the Bureau of Anti-Corruption found that the statement was false and also found that the accused had property worth Taka 1,03,35,948 disproportionate to his known so......sfied that there is reason to believe that any person or any other person on his behalf is in possession of pecuniary resources or property disproportionate to his known sources of income, it may, by order, require such person to furnish in the prescribed manner and within the prescribed time statem..Category: Criminal Law | Date: | Hits: 109
Rustom Ali (Md.) Matubbar alias Alam Vs. Mohammad Salahuddin and another, 1998, 50 CLC (HCD)
....versal of the order initiating the proceeding. This Rule has its source in the maxim quado lex aliquid alicui concedit, concoders videtur id sine quo ipsa esse non potest which means that “when the law gives anything to anyone it gives also all those things without which the thing itself would not......vision (Criminal Miscellaneous Jurisdiction) Present: Kazi Ebadul Hoque J AK Badrul Huq J Rustom Ali (Md.) Matubbar alias Alam………………Petitioner Vs. Mohammad Salahuddin and another………………Opposite Parties Judgment March 2, 1998. Result: The Rule i......ner entered into an agreement to sell with him with respect to one-storied building on a land at Mohammadpur on a total consideration of Taka 6,000.00 and on receipt of Taka 2,50,000.00 by way of pay order dated 14-9-95 and a cash of Taka 50,000.00 in Taka 3,000.00 executed an agreement for sale in ..Category: Criminal Law | Date: | Hits: 112
MJL Bangladesh Ltd. Vs. Commissioner, Customs Excise and VAT and others, 2010, 39 CLC (HCD)
....ng পত্র নং ৪র্থ/এ(১২)৫৫/মুসক-বিবিধ/২০০৬/১৮২০ issued by respondent No.1 (Annexure-F1) should not be declared to have been issued without lawful authority and is of no legal effect. 3. Background leading to this Writ Petition, in short......ourt Division (Special original Jurisdiction) Present: Md. Ashfaqul Islam J SM Emdadul Hoque J MJL Bangladesh Ltd………….........Petitioner Vs. Commissioner, Customs Excise and VAT and others................Respondents Judgment July 25, 2010. Result: The Rule i......ieved the petitioner moved this Division and obtained the present Rule. 7. Dr. M Zahir, the learned Senior Counsel appearing on behalf of the petitioner after taking us with the petition, impugned orders and other necessary papers annexed with the petition mainly submits that section 18 of th..Category: Fiscal/Taxation Law | Date: | Hits: 269
Nuru Miah and others Vs. State, 2011, 40 CLC (HCD)
....lling down on the bed from sitting condition. She found blood, beside the right hand and cut on his waist. She pressed the injured place by her ‘sharee’ and 'blouse' and thereafter his brother-in-law Ohid Miah came to the room and asked her about the occurrence. In the meantime, so many neighbou...... This Case is also Reported in: 63 DLR (HCD) (2011) 242.......Attorney-General - For the State. Criminal Appeal No.3395 of 2001. Judgment M Enayetur Rahim J.- This appeal at the instance of 3 (three) convict persons is directed against the judgment and order of conviction and sentence dated 21-6-2001 passed by the learned Additional Sessions Judge, 2n..Category: Criminal Law | Date: | Hits: 112
Abdul Jalil & other Vs. Islami Bank Bangladesh Ltd. and others, 2011, 40 CLC (AD)
....d in that suit and filed an application under Order 7, rule 11 read with Order XIV, rule 20 of the Code of Civil Procedure praying for rejection of the plaint or in the alternative for hearing of the law points first. The learned Subordinate Judge, by the order dated 27-7-1999, rejected the said app......Hossain J Md. Imman Ali J Md Mamtaz Uddin Ahmed J Md. Shamsul Huda J Abdul Jalil & other………………….........................Appellants Vs. Islami Bank Bangladesh Ltd and others..........Respondents Judgment October 12, 2011. Result: The appeal is dismiss......nstructed by Mvi Md. Wahidullah, Advocate-on-Record—For the Respondent No.7. Not Represented—For the Respondent Nos. 2, 3, 5, 6, 3-12. Civil Appeal No.204 of 2003. (From the judgment and order dated 18-11-1999 passed by the High Court Division in Civil Revision No.2757 of 1999. Judgm..Category: Procedural Law | Date: | Hits: 108
Major (Retd.) M Khairuzzaman Vs. State, 1997, 26 CLC (HCD)
....e above, we find that the objection raised by the learned Deputy Attorney-General has no substance and we hold that this application is maintainable. 6. Mr. Mahabubur Rahman submits that he is the lawyer of the present petitioner who is an accused in jail killing case, namely, Lalbagh PS Case No.......s connection with Lalbagh PS Case No.1 11(11)75 as under-trial prisoner. 2. It is stated in the application that the petitioner was an Army Officer in Bangladesh Army with a good record of service and reputation. He comes of an enlightened distinguished well-to-do Muslim family of this country. T......number of times the petitioner prayed for Division-I in the jail showing his status and family condition, but on different grounds the same were refused by the Chief Metropolitan Magistrate and these orders of refusal have been annexed with this petition as annexures. Ultimately, the petitioner file..Category: Criminal Law | Date: | Hits: 105
Salma Islam Vs. Parveen Banu & others, 1997, 26 CLC (HCD)
....d Advocate for the defendant-respondents, on the other hand submits that since the plaintiff-respondents had to file the cases in order to safeguard and protect their interest there was no warrant in law or in fact for the defendant-respondents to compensate the defendant-appellant for filing those ...... J Md. Joynul Abedin J Salma Islam………………Appellant Vs. Parveen Banu & others………………Respondents Judgment June 1, 1997. Result: The appeal is dismissed and the connective Civil Rule is accordingly disposed of. Cases Referred to- Bahori Lal Vs. Sr......nt-respondents contested the suit by filing a written statement denying all the material allegations contained in the plaint contending, inter alia, that they had to file Title Suit No.555 of 1985 in order to establish that they were the legal heirs of said MA Nasir and they were therefore entitled ..Category: Property Law | Date: | Hits: 144
Hamida Begum Chowdhury Vs. Ahamad Hossain Khan and others, 1997, 26 CLC (HCD)
....e Appeal is allowed and the impugned judgment and decree dated 28-9-95 passed in Title Suit No.201 of 1991 is dismissed without cost. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 276. ...... High Court Division (Civil Appellate Jurisdiction) Present: Md. Gholam Rabbani J Md. Joynul Abedin J Hamida Begum Chowdhury…………………Appellant Vs. Ahamad Hossain Khan and others…………………Respondents Judgment June 1, 1997. Result: The Appeal is ......t on receipt of the balance consideration amount of Taka 3,25,000.00 within 7 months from the date of execution of the said sale agreement. The defendant-appellant wanted to sell the suit property in order to buy some other valuable properties with the sole proceeds thereof. Since the failed to buy ..Category: Civil Law | Date: | Hits: 148
....cause as to why the execution and transfer of the property of the petitioner’s deity by the respondent Nos. 1-3 in favour of the respondent No.4 should not be declared to have been done without any lawful authority and to be of no legal effect or such other or further order or orders passed as to ......orted in: 50 DLR (HCD) (1998) 273.
......ioner’s deity by the respondent Nos. 1-3 in favour of the respondent No.4 should not be declared to have been done without any lawful authority and to be of no legal effect or such other or further order or orders passed as to this Court may deem fit and proper.
2. The petitioner in his writ pe..
Category: Property Law | Date: | Hits: 85
....ocates for the parties and the learned Assistant Judge, who tried the suit, missed this vital point which determines the jurisdiction of the Court.
7. The jurisdiction of the Court is conferred by law and it never depends upon the consent of the parties. It is thus evident that the learned Assist......ported in: 50 DLR (HCD) (1998) 271.......demption that the defendants have already constructed dwelling huts in the suit land after dispossessing the plaintiffs therefrom. Section 9 of the Specific Relief Act does not authorise the Court to order for demolishing or removing dwelling huts or other permanent structures standing in the suit l..
Category: Property Law | Date: | Hits: 86
Monjurur Rahman (Md.) Vs. Dr. Naimur Rahman, 1998, 27 CLC (HCD)
....t, the appeal is dismissed. The Judgment and decree passed by the Court below is upheld. Parties are directed to bear their own cost. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 266. .......)……………………Appellant Vs. Dr. Naimur Rahman………………………Respondent Judgment February 12, 1998. Result: The appeal is dismissed. Lawyers Involved: Khandakar Mahabubuddin Ahmed with SR Khorshnabish, M Hasan, Advocates - For the Appellant. Habibul ......t, the appeal is dismissed. The Judgment and decree passed by the Court below is upheld. Parties are directed to bear their own cost. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 266. ..Category: Property Law | Date: | Hits: 109
AKM Rafiqual Alam Vs. State, 1997, 26 CLC (HCD)
....onouncement of talak effective. In view of the same, we find no merit in this application. So, the application is summarily rejected. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 265. ...... It is stated in the petition that the proceedings was started on the basis of petition of complaint filed by Anwara Khatun on the allegation that she was married to the present petitioner on 3-11-85 and a daughter was born of that wedlock. Subsequently, the accused took a second wife on 29-5-95 wit......n 4-1-97 and the second marriage took place long after the talak and, as such, no offence under section 5(5) of the above act was committed. 4. On perusal of the petition of complaint the impugned order and copy of the decree passed in Family Court case No.14/95 by the family Court of Muktagacha ..Category: Family Law | Date: | Hits: 178
Ansarul Hoque Vs. Agrani Bank, 1997, 26 CLC (HCD)
.... suit; that Court may either entertain the suit and try it or require the plaintiff to obey section 15 and return the plaint. There is no doubt that this decision correctly enunciates the position of law as to the adoption of summary procedure on negotiable instruments and the choice of the plaintif...... The applications are disposed of with a direction to return the plaints. Cases Referred to- Muhammad Abdulah Sufi Vs. Muhammad Box & Sons, PLD 1957 (WP) Karachi 445; JK Sarma Vs. KS Ramchandra Setty, AIR 1965 Mysore 248. Summary Suit No.13 of 1997. Judgment Abdul Karim J.- All ......ons, whichever is less, and for interest up to the date of the decree at the same rate or at such other rate as the Court thinks fit; and (b) for such subsequent interest, if any, as the Court may order under section 34 of this Code; and (c) for such sum for costs as may be prescribed: Prov..Category: Procedural Law | Date: | Hits: 92
Mahbub Alam Vs. Commissioner, Customs, Excise and VAT, Sylhet and others, 2010, 39 CLC (HCD)
....2003 corresponding to GR Case No.103 of 2003 under section 25B of the Special Power Act, 1974 in relation to seizure list made by the Customs Officers, should not be declared to have been continued unlawfully and without jurisdiction and/or such other or further order or orders passed as this Court ...... High Court Division (Special Original Jurisdiction) Present: Hasan Foez Siddique J Md. Azizul Haque J Mahbub Alam………………..Petitioner Vs. Commissioner, Customs, Excise and VAT, Sylhet and others………………….Respondents Judgment June 6, 2010. Result:......of the Special Power Act, 1974 in relation to seizure list made by the Customs Officers, should not be declared to have been continued unlawfully and without jurisdiction and/or such other or further order or orders passed as this Court may deem fit and proper. 2. By the same Rule issuing order d..Category: Fiscal/Taxation Law | Date: | Hits: 177
Niranjan Malaker & another Vs. State, 2009, 38 CLC (HCD)
....mple perusal of the confessional statement quoted above, it appears that the accused Niranjan Malaker did not implicate himself in the alleged murder. No overt act was pleaded even. Therefore, as per law, we must hold that the confession made by accused Niranjan Malaker is exculpatory in nature. Thi......LR 97. Lawyers Involved: MA Mannan, Deputy Attorney-General - For the State. Criminal Appeal No. 617 of 2002. Judgment Md. Azizul Haque J.- This appeal is directed against the Judgment and order dated 11-11-2001 passed by the Additional Sessions Judge, Moulvibazar in Session Case No.6......7. Lawyers Involved: MA Mannan, Deputy Attorney-General - For the State. Criminal Appeal No. 617 of 2002. Judgment Md. Azizul Haque J.- This appeal is directed against the Judgment and order dated 11-11-2001 passed by the Additional Sessions Judge, Moulvibazar in Session Case No.60 of..Category: Criminal Law | Date: | Hits: 75
Solaiman (Md.) Vs. State and another, 2010, 39 CLC (HCD)
....ection with the Rule stands vacated. Send a copy of this Judgment and order to the Court below for information and necessary action. Ed. This Case is also Reported in: 62 DLR (HCD) (2010) 385.......urt High Court Division (Criminal Miscellaneous Jurisdiction) Present: Khondker Musa Khaled J Md. Azizul Haque J Solaiman (Md.)……………………….Petitioner Vs. State and another………………………………opposite Parties Judgment April 8, 2010. Res......) under section 138 of the Negotiable Instruments Act, 1881 (hereafter referred to as the Act), now pending in the Court of Metropolitan Magistrate, Chittagong, should not be quashed and/or any other order passed as this Court may seem fit and proper. 2. By the Rule issuing order dated 9-3-2008, ..Category: Criminal Law | Date: | Hits: 75
Amanullah (Md.) Vs. State and another, 2010, 39 CLC (HCD)
.... order of framing of charge against the accused petitioner is liable to be set aside. 11. Ordinarily, criminal proceeding instituted against an accused person must be tried under the provisions of law and the said proceeding should not be generally interfered with at an interlocutory stage. 12......e Court High Court Division (Criminal Revisional Jurisdiction) Present: Md. Abdul Hye J Md. Abdus Samad J Amanullah (Md.)……………………..Accused-petitioner Vs. State and another………………………Opposite Party Judgment June 3, 2010. Result: The ......ion No.1451 of 2009. Judgment Md. Abdus Samad J.- This Rule, at the instance of accused-petitioner Md. Amanullah, was issued calling upon the opposite-party to show cause as to why the impugned order of framing of charge dated 6-7-2009 passed by the learned Special Judge, Court No.4, Dhaka, re..Category: Criminal Law | Date: | Hits: 84
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