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State Vs. Chief Editor, Manabjamin and others, 2002, 31 CLC (HCD)_Part Two
.... to Court, Civil Rights of minorities or individuals are protected by the Courts. 161. It is often forgotten why a Court is important and why a Court must be independent. The reason is that all rights are rights against the state. A Court must be able to overturn unconstitutional law passed b......e did, she did independently of her husband as printer and publisher of 'Manabjamin'. It is now well settled that Editor, Printer and Publisher of a newspaper must accept the fullest responsibility for everything that is published in the newspaper. So, she is also equally guilty of contempt of C......settle disputes peacefully, no Constitution can exist." 164. This was the degree of appreciation of the importance and independence of the judiciary by him even when he was at the helm of the affairs of the state as CMLA. But it is seen that afterwards being a convict appellant he did not he......er investigation. The need for well trained full time magistrates/criminal judges, for eliminating/reforming cognizance phase when accused in custody languish in overcrowded jail for years without trial, and other reforms in the criminal justice system need to be studied under a comprehensive ..Category: Criminal Law | Date: | Hits: 130
Narayan Chandra Saha and another Vs. Jatindra Chandra Saha and others, 1999, 28 CLC (HCD)
....n the suit. The written statement is to be filed in the trial Court according to the provisions of Order 8 rule (1) of the Code. 10. In view of the above provisions of law, it should be clear that right ‘to appear and answer an appeal’ as given under rule 12 is completely different from that ...... against order dated 14-05-98 passed by the Subordinate Judge, First Court, Brahmanbaria in Title Appeal No. 21 of 1985. By the impugned order the Appellate Court accepted the written statement filed for the first time in the appeal by the opposite parties No.1 and 2 who were originally impleaded as......anted by this court at the time of issue of the Rule hereby stands vacated. Let the appeal be heard and disposed of as early as possible. Ed. This case is also Reported in: 52 DLR (HCD) (2000) 5.......l with a verified application for acceptance of the same contending, mainly that they did not receive any summons of the suit and, as such, they could not appear and file the written statement in the trial Court. The petitioner opposed the said prayer by filing a written objection contending, inter ..Category: Procedural Law | Date: | Hits: 66
....ot been tendered within the provision of section 7 of the Artha Rin Adalat Ain. The Petition of Appeal is therefore rejected summarily.
Ed.
This case is also Reported in: 52 DLR (HCD) (2000) 4.
......s—For the Appellants- Petitioners.
Not represented- the Respondents.
FAT No. 83 of 1999.
Judgment
Mahmudul Amin Choudhury J.- This application has been filed by the appellants praying for acceptance of the Memorandum of Appeal furnishing Bank-guarantee before the trial Court.
2. H......ot been tendered within the provision of section 7 of the Artha Rin Adalat Ain. The Petition of Appeal is therefore rejected summarily.
Ed.
This case is also Reported in: 52 DLR (HCD) (2000) 4.
...... No. 83 of 1999.
Judgment
Mahmudul Amin Choudhury J.- This application has been filed by the appellants praying for acceptance of the Memorandum of Appeal furnishing Bank-guarantee before the trial Court.
2. Heard the learned Advocate for the appellants-petitioners and perused the petitio..
Category: Banking Law | Date: | Hits: 108
....wn a copy of this judgment to the learned District Judge, Kurigram and Deputy Commissioner, Kurigram for taking necessary action accordingly.
Ed.
This Case is also Reported in: 53 DLR (2001) 365.......e, Sadar, Kurigram in Other Class Suit No.68 of 1992. When the Civil Revision was filed there was delay of 1320 days, as such the petitioner filed an application under section 5 of the Limitation Act for condonation of delay. Accordingly a Rule was issued calling upon plaintiff-respondent-opposite p......wn a copy of this judgment to the learned District Judge, Kurigram and Deputy Commissioner, Kurigram for taking necessary action accordingly.
Ed.
This Case is also Reported in: 53 DLR (2001) 365.......d laches on the part of the inefficient Government officials do not come within the purview of sufficient explanation for condonation of delay. Moreover, a primary school teacher to the decree in the trial Court for absorbing him in the service as a primary teacher after rendering service for a few ..
Category: Procedural Law | Date: | Hits: 88
Meghna Petroleum Marketing Co. Ltd. and others Vs. MF Limited and others, 2001, 30 CLC (HCD)
....No.274 of 1980 stands dismissed. The parties are directed to bear their respective costs although. Sand down the LC Record immediately. Ed. This Case is also Reported in: 53 DLR (2001) 368....... Third Court of Subordinate Judge, Dhaka against the defendant appellants the Meghna Petroleum Marketing Company Limited having its Head office at Ispahani Building, 14-15 Motijheel, Dhaka and others for a decree of accounting how much petroleum were imported by them within Khulna Pourashava during ......No.274 of 1980 stands dismissed. The parties are directed to bear their respective costs although. Sand down the LC Record immediately. Ed. This Case is also Reported in: 53 DLR (2001) 368.......r Rule 17(4) from the time when the Check posts, were under the direct control and management of Khulna Pourashava but the learned Trial Court did not consider this aspect of the case. 16. Learned trial Court also did not approach the case from the correct stand point and failed to take into acco..Category: Fiscal/Taxation Law | Date: | Hits: 91
Md. Rana Vs. State, 2010, 39 CLC (AD)
....n behalf of the petitioner merits no consideration. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: VII ADC (2010) 629, 15 MLR (AD) (2010) 173, VIII ADC (2011) 899....... March 11, 2010. Lawyers Involved: A. K. Badrul Huq, Senior Advocate, instructed by Md. Nawab Ali, Advocate-on-Record-For the Petitioner. Not represented-the Respondent. Criminal Petition for Leave to Appeal No. 168 of 2009. (From the Judgment and order dated 06.01.2009 passed by the ......n behalf of the petitioner merits no consideration. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: VII ADC (2010) 629, 15 MLR (AD) (2010) 173, VIII ADC (2011) 899....... he lodged the FIR. After investigation, the police submitted charge-sheet against the petitioner and another. The petitionÂer obtained bail and thereafter abscondÂed throughout the whole period of trial. The Assistant Sessions Judge, after trial, convicted the petitioner and another as mentioned ..Category: Criminal Law | Date: | Hits: 39
Md. Tariqul Islam Vs. State, 2009, 38 CLC (AD)
....Division found that there are adequate legal eviÂdence on record to justify the judgment and order of conviction and sentence and it does not require further scrutiny. 11. The High Court Division rightly observed that- " We are not at all convinced that the accused-petitioner had any genuine ......er 15, 2009. Lawyers Involved: Md. Khurshid Alam Khan, Advocate, instructed by Md. Zahirul Islam, Advocate-On-Record-For the Petitioner. Not Represented- the Respondent. Criminal Petition for Leave to Apple No.238 of 2009. (From the judgment and order dated 28.04.2009 passed by the Hi......r arrived at a corÂrect decision which does not require any interference by this Division. Accordingly, the leave petition is dismissed. Ed. This Case is also Reported in: VII ADC (2010) 626.......vision of law. 4. The defence case is that the accused-petitioner is innocent and he has been falsely implicated in the case. No occurÂrence took place as alleged by the informant. At the time of trial prosecuÂtion examined 9 witnesses and they have been cross-examined by the defence but the de..Category: Criminal Law | Date: | Hits: 56
Haji Nurul Islam Vs. Maina Miah and others, 2010, 39 CLC (AD)
....rder passed by the High Court Division and hence we do not find any merit in the leave petition. The petition is accordingly dismissed. Ed. This Case is also Reported in: VII ADC (2010) 620. ......te, instructed by Md. Zahirul Islam, Advocate-on-Record-For the Petitioner. Dr. A. K. M. Ali, Advocate, instructed by Nurul Islam Bhuiyan, Advocate-on-Record-For Respondent No.1. Civil Petition for Leave to Appeal No.2165 of 2009. (From the judgment and order dated 24.08.2009 passed by the ......posal. As per the Ordinance, Respondent No.6 is the competent authority for taking a decision in granting Trade Organization License in favour of any organization. We are of the view that it would be fair if both the applicaÂtions are placed before Respondent No.6 along with all relevant docuÂment......rder passed by the High Court Division and hence we do not find any merit in the leave petition. The petition is accordingly dismissed. Ed. This Case is also Reported in: VII ADC (2010) 620. ..Category: Others | Date: | Hits: 74
Md. Alimuddin and others Vs. Alhaj Md. Abu Daud, 2010, 39 CLC (AD)
....urrently found that the plaintiff has been in possesÂsion of the suit land and the defendant petitioners admitted his possession in the suit land and in view of such finding, the High Court Division rightly held that there was no illegality in decreeing the suit. We find no substance in this pet......€¦â€¦.........Respondent Judgment January 10, 2010. Lawyers Involved: A. S. M. Khalekuzzaman, Advocate-on-Record-For the Petitioners. Not represented-the Respondent. Civil Petition for Leave to Appeal No.2085 of 2009. (From the judgment and order dated 16.04.2009 passed by the ...... rightly held that there was no illegality in decreeing the suit. We find no substance in this petition which is accordingly dismissed. Ed. This Case is also Reported in: VII ADC (2010) 608. ......of 2001 against the petitioners as defendants before the learned Senior Assistant Judge, 1st Court, Gazipur praying for decree of permanent injunction. The defendant-petiÂtioners appeared before the trial court and contested the suit by filing written stateÂment. 3. The plaintiff’s case, in b..Category: Property Law | Date: | Hits: 36
Amal Chandra Dhupi @ Das and others Vs. Lakshan Chandra Das and others, 2010, 39 CLC (AD)
....roviÂsions of sections 89 and 181 of the Bengal Tenancy Act and in the light of reported age old decisions of the superior courts as regards incidents of service tenancy distinguished from occupancy rights of other tenants." The security of Tk. 1000/- is to be deposited within one month. The ...... instructed by A.K.M. Shahidul Huq, Advocate-on-Record-For the Petitioner. Mrs. Mahmuda Begum, Advocate-on-Record- For respondent No. 1. Not representÂed-respondent Nos. 2-8. Civil Petition for Leave to Appeal No. 692 of 2009. (From the Judgment and Order dated 10th August, 2008 passed ......s." The security of Tk. 1000/- is to be deposited within one month. The preparation of the paper book is dispensed with as prayed for. Ed. This Case is also Reported in: VII ADC (2010) 605.......pon preferred Title Appeal No.95 of 2002 which was heard by the learned Joint District Judge, 1st Court, Borguna who by judgment and order dated 10th July, 2003 reversed the judgment and order of the trial Court and decreed the suit. The petiÂtioners thereupon moved the High Court Division in Civil..Category: Property Law | Date: | Hits: 27
Md. Ahia Vs. Md. Azimuddin and others, 2010, 39 CLC (AD)
....Record appearing for the respondents and perused the petition and the impugned judgment and order of the High Court Division and other papers on record. 10. It appears that the High Court Division rightly found that the contract was against the interest of the minors and the same was not proved. ......olved: Asad Hossain Chowdhury, Advocate instructed by Nurul Islam Bhuiya, Advocate-on-Record-For the Petitioner. A. K. M. Shahidul Huq, Advocate-on-Record-For the Respondents. Civil Petition for Leave to Appeal No. 325 of 2009. (From the judgment and order dated 15.04.2008 passed by the ......judgment of the appellate court which was the last court of fact. We find no substance in this petition which is accordingly dismissed. Ed. This Case is also Reported in: VII ADC (2010) 600. ......1 was preÂferred by the opposite party No. 2 only and the learned appellate court allowed the appeal by judgment and decree dated 09.10.2005 by setting aside the aforesaid judgment and decree of the trial court. 3. The case of the plaintiff petitioner, in short, is that the suit land measuring a..Category: Property Law | Date: | Hits: 25
Md. Mafiz and others Vs. Bangladesh, 2010, 39 CLC (AD)
....ent and order dated 16.06.2008 recorded by the High Court Division in Civil Revision No. 2102 of 1995 is stayed till disposal of the appeal. Ed. This Case is also Reported in: VII ADC (2010) 598.......7, 2010. Lawyers Involved: A. K. Badrul Huq, Senior Advocate instructÂed by Syed Mahbubar Rahman, Advocate-on-Record-For the Petitioners. Not represented- the Respondents. Civil Petition for Leave to Appeal No. 54 of 2009. (From the judgment and order dated the 16th day of June, 2008......ent and order dated 16.06.2008 recorded by the High Court Division in Civil Revision No. 2102 of 1995 is stayed till disposal of the appeal. Ed. This Case is also Reported in: VII ADC (2010) 598.......d order dated the 16th day of June, 2008 passed by the High Court Division in Civil Revision No.2102 of 1995 making the Rule absolute remanding the suit to the Court of Appeal below for holding fresh trial in the light of observation made in the judgment. 2. The facts involved in the case, in sho..Category: Property Law | Date: | Hits: 31
Alekjan Bewa and others Vs. Arefa Bewa and others, 2009, 38 CLC (AD)
....the above, we find no merit in the contention of the learned counsel for the petitioners. The petition is therefore, summarily dismissed. Ed. This Case is also Reported in: VII ADC (2010) 593.......¦â€¦â€¦.........Respondents Judgment December 14, 2009. Lawyers Involved: Md. Mazibar Rahman, Advocate-on-record-For the Petitioner. Not represented- the respondent. Civil Petition for Leave to Appeal No. 1344 of 2009. (From the Judgment and order dated 23rd March, 2009 of a Si......the above, we find no merit in the contention of the learned counsel for the petitioners. The petition is therefore, summarily dismissed. Ed. This Case is also Reported in: VII ADC (2010) 593....... 40 days from the date of the judgment. 4. On appeal by the defendants No.1-3, the Court of appeal below by judgment and order dated 29th March, 2003 dismissed the appeal and affirmed those of the trial Court. Being aggrieved by the aforesaid judgment and decree, the respondents No.1-3 preÂferre..Category: Property Law | Date: | Hits: 23
Joynal Abedin Vs. Ali Azam Saibal and others, 2010, 39 CLC (AD)
....t of appeal below. I find no merit in the contention of the learned counsel for the petitioner. The application is therefore, dismissed. Ed. This Case is also Reported in: VII ADC (2010) 590.......thers………………Respondents Judgment January 7, 2010. Lawyers Involved: Zainul Abedin, Advocate-on-Record-For the Petitioner. Not represented-the respondents. Civil Petition for Leave to Appeal No.735 of 2009. (From the Judgment and Order dated 26th January, 2009 passed ......t of appeal below. I find no merit in the contention of the learned counsel for the petitioner. The application is therefore, dismissed. Ed. This Case is also Reported in: VII ADC (2010) 590.......e said appeal by judgment and order dated 24th April, 2000 reversed those of the learned Assistant Judge and dismissed the suit. The Court of appeal below while interÂfering with the judgment of the trial Court stressed upon the point of limitation observÂing that the plaintiffs failed to prove th..Category: Property Law | Date: | Hits: 21
Government of Bangladesh Vs. Md. Atiar Rahman Khan and others, 2010, 39 CLC (AD)
....g the parties by order dated 30 May, 1990 rejected the plaint on the reasonings that after repeal of East Pakistan Enemy Property (lands and buildings) Administration and Disposal Order, 1966 and all rights of the Deputy Custodian of Enemy Properties having been vested in the government under the Pr......sain, Advocate-on-Record- For the Petitioner. Abul Kalam Moinuddin, Advocate, instructed by Md. Nurul Islam Bhuiyan-For Respondent No.1. Not Represented- Respondent Nos. 2-4. Civil Petition for Leave to Appeal No. 2042 of 2009. (From the judgment and order dated 12.5.2008 passed by the ...... is condoned. Preparation of the paper book is disÂpensed with as prayed for. The petitioner is permitted to add addiÂtional ground. Ed. This Case is also Reported in: VII ADC (2010) 587.......2003. A Single Bench of the High Court Division by judgment and order dated 12 May, 2008 made the rule absolute, set aside the judgment and order of the court of appeal below and restored that of the trial court. The learned Single Judge observed that there was no legal bar for filing the suit by th..Category: Limitation Law | Date: | Hits: 149
Gazipur Razzakia Janakallyan High School Vs. Govt. of Bangladesh, 2010, 39 CLC (AD)
.... modes and while in such enjoyment, the local Tahsilder suddenly disclosed that the suit pond would be leased out on the plea that it was recorded in the name of the Government. The Government has no right, title and interest in the suit pond and it does not possess the same. The record of right pre...... 4, 2010. Lawyers Involved: A. J. Mohammad Ali, Senior Advocate, instructed by Syed Mahbubar Rahman, Advocate-on-record-For the Petitioner. Not represented- the respondent. Civil Petition for Leave to Appeal No.1963 of 2009. (From the Judgment and order dated 5th August, 2009 of a Sin...... contention of the learned counsel for the petitioner. There is no merit in this leave petition. The petition is therefore, dismissed. Ed. This Case is also Reported in: VII ADC (2010) 581. ......th January, 1997 dismissed the suit. On appeal by the plaintiff from the aforesaid judgment and decree, the Court of appeal below by judgÂment and order dated 6th October, 1999 affirmed those of the trial Court in Title Appeal No.46 of 1997. The plaintiff thereupon moved a revision petition being C..Category: Property Law | Date: | Hits: 26
....artition of the land but they refused to do so on the plea that the land of 'Kha' schedule land was not recorded in the name of the mother of the plaintiff No.1 and declared that the plaintiff got no right, title and interest in the suit land and after collecting the record of the suit land the plai......s.
Horendra Nath Nondi, Advocate instructed by A. K. M. Shahidul Huq, Advocate-on-Record- For Respondent Nos. 1, 3 and 7-11.
Not represented- Respondent Nos. 2, 4-6 and 12-53.
Civil Petition for Leave to Appeal No.63 of 2009.
(From the judgment and order dated the 13th day of October, 20......he plaintiff No.1 and declared that the plaintiff got no right, title and interest in the suit land and after collecting the record of the suit land the plaintiff No.1 came to know about the actual affairs of the record that during R.S. operation a small portion of the suit land was recorded in the ......ubmitted that the plaintiffs having succeeded in proving that Kanai Chandra Das is the legitimate son of Krishna Chandra Das by oral and documentary evidence and on the basis of the said evidence the trial Court decreed the suit but the Court of Appeal below on misreading the eviÂdences and miscons..
Category: Property Law | Date: | Hits: 58
Mst. Komla Begum and another Vs. Md. Shahab Ali and others, 2010, 39 CLC (AD)
....peal is directed against the judgment and order dated 09.07.2008 passed by the High Court Division in Writ Petition No.2258 of 2004 making the Rule absolute in part directing to prepare the record of right of the case property in the name of the original owner and record the names of the writ petiti......¦â€¦â€¦â€¦........Respondents Order March 15, 2010. Lawyers Involved: Bivash Chandra Biswas, Advocate-on-Record-For the Petitioners. Not represented-the Respondents. Civil Petition for Leave to Appeal No.285 of 2009. (From the judgment and order dated 09.07.2008 passed by the H......gment and order dated 09.07.2008 passed by the High Court Division in Writ Petition No.2258 of 2004 be stayed till disposal of the appeal. Ed. This Case is also Reported in: VII ADC (2010) 557. ......nd accordingly, got his name corrected and paid rent to the Government. After the death of Yunus Ali, the respondent Nos.5-9 as his heirs and successors have been in possession of the land. 4. The trial court after hearing dismissed the suit. The plaintiff Abdul Malek preÂferred Title Appeal No...Category: Property Law | Date: | Hits: 28
Surujit Bose (Raju) Vs. Bangladesh and others, 2010, 39 CLC (AD)
....nt of the property was declared by decree passed by Subordinate Judge, 1st Court, Dhaka in Title Suit No.56 of 1944 and since then the said property is being run by the Shebayets. The C.S. record was rightly prepared and published in the name of Roy Bahadur Karuna Das Bose on behalf of the deity Sre......te-on-Record-For the Petitioners. Md. Nurul Amin, Advocate instructed by Nurul Islam Bhuiyan, Advocate-on-Record-For Respondent No.1. Not repÂresented- Respondent Nos. 2-10. Civil Petition for Leave to Appeal No. 2087 of 2007. (From the judgment and order dated the 2nd day of August, 2......he above, we find no subÂstance in the submissions of the learned Counsel for the petitioner. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: VII ADC (2010) 552. ......tion of title and recovery of 'Kha' possession so far it relates to C.S. Plot No.94. In that suit Elahi Box filed written statement conÂtesting the suit land eventually the suit was dismissed by the trial Court on 23.03.1931 but the findings of possesÂsion was in favour of the plaintiff as regards..Category: Property Law | Date: | Hits: 23
Azizur Rahman Khan and others Vs. Md. Aynul Miah and others, 2010, 39 CLC (AD)
....11 and 11/1, Joy Chandra Nag Road, Dhaka, from the original admitted recorded tenants on 24.05.1954 by an Indenture of Lease in perpetuity and also by a Deed of Sale, the superior Lakheraj and Mirash right was conveyed to the purchasers. These Deed of Lease in perpetuity and the Deed of Sale do not ......e, instructÂed by Mrs. Sufia Khatun, Advocate-on-Record-For the Petitioners A.K.M. Shahidul Huq, Advocate-on-Record-For Respondent No. 1. Not represented-Respondent Nos. 2-3. Civil Petition for Leave to Appeal No.1521 of 2009. (From the Judgment and order dated 28.05.2009 passed by the ......r of stay granted earlier by this Court shall continue till disposal of the appeal. Let the appeal be made ready for expeditious hearing. Ed. This Case is also Reported in: VII ADC (2010) 545.......r of stay granted earlier by this Court shall continue till disposal of the appeal. Let the appeal be made ready for expeditious hearing. Ed. This Case is also Reported in: VII ADC (2010) 545...Category: Property Law | Date: | Hits: 21
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