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Mrs. June Ferguson & others Vs. Ameenur Rasheed Chaudhury and others, 1972, 1 CLC (HCD)
....ircumstances of the case, we direct that the suit may expeditiously be disposed of. Sayem, CJ. — I agree This Case is also Reported in: 27 DLR (HCD) (1973) 1 ......tate till disposal of the suit. The plaintiffs who are the opposite parties No.1-3 in this Rule have brought a suit being Title suit No.151 of 1970 in the 2nd Court of Subordinate Judge, Sylhet for a declaration that they are seized and possessed of the property in suit which is known as Looba......ircumstances of the case, we direct that the suit may expeditiously be disposed of. Sayem, CJ. — I agree This Case is also Reported in: 27 DLR (HCD) (1973) 1 ...... in which the plaintiff was seeking to debar the defendants from enforcing against him a right in respect of the property of which he had taken possession. Referring to the Calcutta case, the learned Judges of Allahabad High Court observed:— "This decision clearly supports the de..Category: Property Law | Date: 5 Jul, 1972 | Hits: 0
Laxmi Kanta Roy Vs. Upazila Nirbahi Officer and another, 1992, 21 CLC (HCD)
....eby set aside and those of the trial Court are hereby affirmed. Send down the lower courts record immediately. Ed. This Case is also Reported in: 46 DLR (HCD) (1994) 136. ......sing the Judgment and Decree passed by the learned Upazila Munsif, Agailjhara, in Title Suit No.4 of 1984 (Previously TS No. 60 of 1981) should not be set aside. 2. Plaintiff is the petitioner before this Court. It was his short case that the suit land was leased out to the plaintiff and one Az......eby set aside and those of the trial Court are hereby affirmed. Send down the lower courts record immediately. Ed. This Case is also Reported in: 46 DLR (HCD) (1994) 136. ......es could be started. Admittedly, the present vested Property case was started in the year 1980. Unfortunately, this point was neither raised by the learned Advocate for the plaintiff, nor the learned Judges had taken notice of the law which was repealed in the year 1974. This point was not specifica..Category: Property Law | Date: 3 May, 1972 | Hits: 4
Mojibor Rahman Mullick and another Vs. Tobarak Majhi, 1972, 1 CLC (AD)
....n this Court and obtain an order for bail. The learned Deputy Legal Remembrancer contended that in such a state of things the petitioners were not entitled to seek any relief from this Court being in contempt of the Court of the Sub-divisional Magistrate. In this connection, he relied upon the case ...... proceeding under section 107 Cr.P.C. asking them to show cause why they should not be ordered to execute a bond of Rs. 1500.00 each with two local sureties of the like amount each, to maintain peace for the period of one year and (2) to issue warrants for their arrest. By the same order, the learne...... the impugned order. The Rule is accordingly discharged with this modification of the impugned order that the last paragraph thereof is deleted. Ed. This Case is also Reported in: ......n 18 of the Arms Act which confers the power of cancelling and suspending licences of District Magistrates and certain other officers. So far as the Courts are concerned, this power has been given to Judges and Magistrate, by clause (b) of section 18, only upon conviction of an offence against the A..Category: Criminal Law | Date: 15 Sep, 1970 | Hits: 76
Gouranga Chandra Dey Vs. Deputy Commissioner and others, 2003, 32 CLC (HCD)
....ed under 115(1) of the Code, before the High Court Division, is incompetent and is not maintainable and, as such, summarily rejected. Ed. This Case is also Reported in: 57 DLR (2005) 319. ....................Respondent Judgment December 15, 2003. Result: The application is rejected. Order passed by the Joint District Judge, even in appeal, is not open to challenge before the High Court Division, under sub‑section 1 of section 115 of the Code. Sub‑section 1......ed under 115(1) of the Code, before the High Court Division, is incompetent and is not maintainable and, as such, summarily rejected. Ed. This Case is also Reported in: 57 DLR (2005) 319. ......ed under 115(1) of the Code, before the High Court Division, is incompetent and is not maintainable and, as such, summarily rejected. Ed. This Case is also Reported in: 57 DLR (2005) 319. ..Category: Civil Law | Date: | Hits: 2
Adhir Das Vs. Arati Rani Das and others, 2006, 35 CLC (HCD)
....hs from the date of receipt of the lower Court record. There is no order as to costs. Send down the lower Court record at once. Ed. This Case is also Reported in: 27 BLD (HCD) (2007) 53. ......-For the Petitioner. Nurul Amin and Sakila Rowshan-For the Opposite Parties. Civil Revision No.325 of 1998. Judgment Quamrul Islam Siddiqui J.-This Rule was issued on an application for revision made by the defendant-petitioner under section 115(1) of the Code of Civil Procedure (t......hs from the date of receipt of the lower Court record. There is no order as to costs. Send down the lower Court record at once. Ed. This Case is also Reported in: 27 BLD (HCD) (2007) 53. ......udge of the Adalat. 15. However, it appears that the Ministry of Law, Justice and Parliamentary Affairs issued a Notification No.458/9(10) Bichar-3/2 M-5/96 dated 31.10.1996 directing the District Judges of 1. Dhaka 2. Chittagong 3. Rajshahi 4. Khulna 5. Sylhet 6.Comilla 7.Mymensingh 8.Rangpur 9...Category: Procedural Law | Date: | Hits: 31
Md. Maksudur Rahman @ Masud and others Vs. State, 2007, 36 CLC (HCD)
....r of stay stands vacated. Communicate the order to the Court below to proceed with the case expeditiously in accordance with law. Ed. This Case is also Reported in: 13 MLR (HCD) (2008) 261. ...... orders passed as to this Court may seem fit and proper. 2. One Iqbal Kabir lodged an ejahar with the Kotwali Police Station, Barisal alleging, inter alia, that on 18.12.2000 at about 8:00 p.m. informant's daughter Mohoshena Begum @ Era aged about 5 years was lost from the residence of his fathe......r of stay stands vacated. Communicate the order to the Court below to proceed with the case expeditiously in accordance with law. Ed. This Case is also Reported in: 13 MLR (HCD) (2008) 261. ......f Court and for securing the ends of justice and or to give effect to any order under the Code....................Such general observation on the ground of prematurity as has been made by the learned Judges is not sustainable in law. Apart from this, the learned Judges ought to have entered into the..Category: Criminal Law | Date: | Hits: 24
Bayazid (Md.) Vs. State, 2009, 38 CLC (HCD)
....ired any where to remove the possibility of doubt being arisen in interpreting any provision of the said Penal Statute and the Rules. Ed. This Case is also Reported in: 61 DLR (HCD) (2009) 772. ...... Party No. 2. Criminal Miscellaneous No. 1505 of 2009. Judgment MR. Hasan J. - By this application under section 561A of the Code of Criminal Procedure, one petitioner Mohammad Bayazid prays for quashing the proceedings of Special Case No. 3 of 2009 corresponding to GR Case No. 451 of 2007 ......ired any where to remove the possibility of doubt being arisen in interpreting any provision of the said Penal Statute and the Rules. Ed. This Case is also Reported in: 61 DLR (HCD) (2009) 772. ......n considered the usual thing in the sub-continent for centuries and it is also extremely difficult to produce independent evidence of the payment of bribe because bribes are always paid secretly. The Judges have, therefore, been asked again and again to relax the rules for the corroboration of the e..Category: Anti-Corruption Laws | Date: | Hits: 44
....red by my brothers, Surendra Kumar Sinha, J. and Syed Mahmud Hossain, J.
I agree with the reasoning and findings given by Syed Mahmud Hossain, J.
Ed.
This Case is also Reported in:
......
Judgment
August 7, 2012.
Result:
Civil Appeal No.256 of 2009 and Civil Appeal Nos.254-255 of 2009 are dismissed.
Civil Appeal No.253 of 2009 is allowed.
Civil Petition for Leave to Appeal No.1689 of 2006 is accordingly disposed of.
Cases Referred to-
Duck Vs......red by my brothers, Surendra Kumar Sinha, J. and Syed Mahmud Hossain, J.
I agree with the reasoning and findings given by Syed Mahmud Hossain, J.
Ed.
This Case is also Reported in:
......03.
f) 3500 low income families purchased land for building their houses in the housing project of Metro Makers.
g) These purchasers are bonafide purchasers for value.
104. The learned Judges of the High Court Division upon hearing parties by judgment and order dated 27.07.2005 made t..
Category: Environmental Law | Date: | Hits: 434
Millan Miah and another Vs. State, 2012, 41 CLC (AD)
....ived at. We find no reason to interfere with the impugned decision of the High Court Division. Accordingly, the petition is dismissed. Ed. This Case is also Reported in:9 ADC (2012) 797. ......d. Lawyers Involved: Muhammad Nazrul Islam, Senior Advocate, instructed by Nurul Islam Bhuiyan, Advocate-on-Record—For the Petitioners. Not represented-For Respondent. Criminal Petition for Leave to Appeal No.178 of 2009. (From the judgment and order dated 27th July, 2008 passed by ......ived at. We find no reason to interfere with the impugned decision of the High Court Division. Accordingly, the petition is dismissed. Ed. This Case is also Reported in:9 ADC (2012) 797. ......ecord. 14. The fact that witnesses are related to each other is not necessarily a ground to discard their evidence altogether. We note from the judgment of the High Court Division that the learned Judges considered similar submissions of the learned Counsel made before them. The High Court Divi..Category: Criminal Law | Date: | Hits: 60
Advocate Manzill Murshid and others Vs. Bangladesh, 2011, 40 CLC (HCD)
....nce No.1 of 1964, (AIR 1965 S.C. 747) by proclaiming that the Superior Courts are the ultimate authority to decide on the validity of a warrant issued by the Parliament to commit a person for alleged contempt of Parliament and that it is competent of the High Court to issue writ of habeas corpus, an......D 104); Gouriet Vs. Union of Post Office Workers, 1978, AC 435; Associated Provincial Picture Houses Ltd. Vs. Wednessbury Corporation (1948, 1KB 223);Council of Civil Service Association Vs. Minister for Civil Service, Popularly Known as GCHQ Case (1985 AC 374); Padfield Vs. Minister of Agriculture ......mendation by the Parliamentary Sub-Committee on Law Justice Parliamentary Sub-Committee was published, without delay. Gobinda Chandra Tagore J. - I agree. Ed. This Case is also Reported in: ......d not be given upon the respondents to implement the recommendation of the Parliamentary Sub-Committee of Law, Justice and Parliamentary Affairs about the Remuneration and Privileges of the Hon’ble Judges of the Supreme Court of Bangladesh (as of Annexure-D) and/or why such other or further order ..Category: Constitutional Law | Date: | Hits: 413
Labai Pramanik @ Nabab Ali Vs. State, 2005, 34 CLC (HCD)
....lant be set at liberty at once, if not wanted in connection with any other case. Send down the lower court's records immediately. Ed. This Case is also Reported in: 27 BLD (HCD) (2007) 156. ......tence dated 30.9.91 passed by the learned Additional Sessions Judge, Pabna, in Sessions Case No.49 of 1990 convicting him under section 302 of the Penal Code and sentencing him to suffer imprisonment for life and also to pay a fine of taka 10,000/- in default to suffer rigorous imprisonment for one ......lant be set at liberty at once, if not wanted in connection with any other case. Send down the lower court's records immediately. Ed. This Case is also Reported in: 27 BLD (HCD) (2007) 156. ......lant be set at liberty at once, if not wanted in connection with any other case. Send down the lower court's records immediately. Ed. This Case is also Reported in: 27 BLD (HCD) (2007) 156. ..Category: Criminal Law | Date: | Hits: 80
Advocate SM Zafor Sadik Vs. Md. Kamruzzaman and another, 2009, 38 CLC (HCD)
....d. Momtazuddin Ahmed J Advocate SM Zafor Sadik…………..Petitioner Vs. Md. Kamruzzaman and another …………….Respondents Judgment July 2, 2009. Result: The petition for contempt is disposed of. Case Referred to- Dr. MA Salam Vs. Bangladesh, Writ Petition No. 2577......e is also Reported in: 61 DLR (HCD) (2009) 737. ...... contempt Rule against them. We only pray for their salvation. With these observations, this petition for contempt is disposed of. Ed. This Case is also Reported in: 61 DLR (HCD) (2009) 737. ......ubt contemptuous. But we are of the view that the respondents possibly could not appreciate that by making such statements, they not only undermined the Magistracy of the Court and the dignity of its Judges but also belittled themselves before the public eye who are the ultimate arbiter. 9. The p..Category: Civil Law | Date: | Hits: 112
Rakibuddin Talukder Vs. Government of Bangladesh and others, 2009, 38 CLC (HCD)
..... Office is directed to send down the records of this case at once with a copy of Judgment for information and necessary action. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 430. ......rt facts leading to this Rule are that on 04-07-1980, the petitioner as plaintiff instituted Other Class Suit No.259 of 1980 in the Court of Munsif, Sirajganj, pleading opposite parties as defendants for declaration of title in respect of 1.83 acres of land out of 9.80 acres described in the schedul....... Office is directed to send down the records of this case at once with a copy of Judgment for information and necessary action. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 430. ......assessment of the evidence on record. But it cannot reverse the finding of possession of the trial Court merely on assumption or any other hypothesis contrary to the evidence on record. The learned Judges of the High Court Division erred in law in reversing the finding of possession of the trial..Category: Property Law | Date: | Hits: 76
M. Anwar Hossain and others Vs. Government of Bangladesh and others, 2011, 40 CLC (HCD)
....া কোনো বাংলাদেশি মানুষের পক্ষেই সম্ভব না।” Sheikh Md. Zakir Hossain J. - I agree. Ed. This Case is also Reported in: ......ners in all the four petitions and the deceased husbands of Petitioner Nos.2 and 3, in WP 7236/10 under section 121A of the Penal Code. 2. All the Petitioners were sentenced to suffer imprisonment for varying terms while Lt. Col. (retd.) M. A. Taher, Bir Uttam, husband of the Petitioner No. 2 in ......া কোনো বাংলাদেশি মানুষের পক্ষেই সম্ভব না।” Sheikh Md. Zakir Hossain J. - I agree. Ed. This Case is also Reported in: ......as a time when civil war was raging for more than three years and the very existence and foundation of the Republic was severely threatened. Even in that trying and precarious situation the Hon’ble Judges of the Supreme Court did not relent from upholding the fundamental principles of the Constitu..Category: Criminal Law | Date: | Hits: 154
Rezia Sultan & another Vs. Md. Haroon Malik and another, 2011, 40 CLC (HCD)
....cellaneous case No.192 of 1980 are set aside. Send down the lower Court records at once. Communicate this order at once. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 347. ......esult: The rule is made absolute. Jurisdiction of the Small Causes Court Small Cause Courts are constituted under section 5 of Small Causes Courts Act, 1887; section 15 of the Act provides for jurisdiction of Courts of Small Causes i.e. the Court has jurisdiction in the case of eviction o......cellaneous case No.192 of 1980 are set aside. Send down the lower Court records at once. Communicate this order at once. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 347. ......d to be filed within 30 days and if it is not within that period then there must by some satisfactory explanation explaining the delay in filing the application, present in the application. Learned Judges of the Courts below must have to go through the case record between lines but I find that the..Category: Civil Law | Date: | Hits: 94
Harunor Rashid Halder Vs. Entaj Sheik & others, 1983, 12 CLC (HCD)
....Rule is discharged. The impugned proceeding is set aside. Send down the record at once. Abdul Matin Khan Chowdhury J.- I agree. Ed. This Case is also Reported in:35 DLR (HCD) (1983) 286. ......ated 21.11.82 setting aside the order dated 15.10.82 passed in Miscellaneous Case No.152 of 1967. 2. Facts leading to this Rule in short are that the petitioner as first party filed the petition before the Sub-Divisional Magistrate Bagerhat on 30.11.76 for drawing up a proceeding against the se......Rule is discharged. The impugned proceeding is set aside. Send down the record at once. Abdul Matin Khan Chowdhury J.- I agree. Ed. This Case is also Reported in:35 DLR (HCD) (1983) 286. ......ointed the Nazir of the Court as Receiver by order dated 30.11.76. 3. The opposite parties namely Entaz Shaikh and others being aggrieved with the order filed a Motion before the learned Sessions Judges and the said Court made a reference to the Hon'ble High Court Division being Criminal Referen..Category: Criminal Law | Date: | Hits: 88
Makhlekur Rahman Vs. State, 1982, 11 CLC (HCD)
....l bonds forthwith. The Rule is, accordingly, made absolute. Communicate the order at once. Anwarul Hoque Chowdhury J.- I agree. Ed. This Case is also Reported in:35 DLR (HCD) (1983) 72. ......iminal Procedure, 1898 (Act No. V of 1898); section 561A In case of prolongation of the proceeding which will amount to a sheer abuse of the process of the Court and harassment of the accused and for ends of justice the proceedings can be quashed………………………(4) Cases Referred ......l bonds forthwith. The Rule is, accordingly, made absolute. Communicate the order at once. Anwarul Hoque Chowdhury J.- I agree. Ed. This Case is also Reported in:35 DLR (HCD) (1983) 72. ......ment, started on 24.1.78 before the Sessions Judge cum Senior Special Judge, Patuakhali, when P.Ws.1, 2, 3, 4, 5 and 6 were examined, the case was then transferred to the Court of Additional Sessions Judges and on 17.2.78 P.Ws.7, 8, 9 and 10 were examined. Thereafter, the case was adjourned on the..Category: Criminal Law | Date: | Hits: 62
Shamsul Alam Selim alias Sheikh Selim alias Anik Chowdhury Vs. State and another, 2006, 35 CLC (HCD)
....l Magistrate, Chuadanga is directed to proceed with the trial expeditiously in accordance with law. Communicate the order at once. Ed. This Case is also Reported in: 13 MLR (HCD) (2008) 219. ......ding one of defamation by publishing false and malicious news or views............................(11) On the basis of the defence plea or materials the criminal proceeding should not be stifled before trial when there is a prima facie case for going to the trial........................................aint petition that the alleged imputation dated 18.09.2003 and 10.10.2003 causing harm to the complainant in the society. 8. Now, we are to see the basic question whether the impugned publications scandalising the complainant come within the mischief of an offence of defamation as laid down in se......l Magistrate, Chuadanga is directed to proceed with the trial expeditiously in accordance with law. Communicate the order at once. Ed. This Case is also Reported in: 13 MLR (HCD) (2008) 219. ..Category: Criminal Law | Date: | Hits: 81
Sakya Pada Barua & others Vs. State and others, 1986, 15 CLC (HCD)
....ioners Sakya Pada Barua, Fazlul Huq, Nurul Mostofa and Nurul Amin are discharged from their bail bonds. Md. Abdul Jalil J.- I agree. Ed. This Case is also Reported in:38 DLR (HCD) (1986) 86. ......23 of 1979 convicting accused petitioners Sakya Pada Barua, Fazlul Huq, Nurul Mostafa and Nurul Amin under section 364/34 of the Penal Code and sentencing each of them to suffer rigorous imprisonment for 7 years should not be set aside or such other or further order or orders pasted as to this Court......ioners Sakya Pada Barua, Fazlul Huq, Nurul Mostofa and Nurul Amin are discharged from their bail bonds. Md. Abdul Jalil J.- I agree. Ed. This Case is also Reported in:38 DLR (HCD) (1986) 86. ......e enactment changing the forum of trial came into force. In all cases which are not triable by the Sub-divisional Magistrates or the Upazila Magistrates, but by Courts of Sessions or by the Special Judges or by Special Tribunals under special enactments the First Information Reports are sent by th..Category: Criminal Law | Date: | Hits: 103
STX Corporation Ltd. Vs. Meghna Group of Industries Limited and others, 2011, 41 CLC (HCD)
..... Accordingly, the application under section 7Ka of the Arbitration Act of 2001 is dismissed. Interim order, if any, be vacated. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 550. ......on 3 of the Arbitration Act, 2001, it is apparent that the intention of the legislature is that the scope of the Act is limited within the territory of Bangladesh, except that there is a scope to enforce an award passed in a foreign arbitration, pursuant to section 3(2) read with sections 45, 46 a....... Accordingly, the application under section 7Ka of the Arbitration Act of 2001 is dismissed. Interim order, if any, be vacated. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 550. ....... Accordingly, the application under section 7Ka of the Arbitration Act of 2001 is dismissed. Interim order, if any, be vacated. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 550. ..Category: Alternative Dispute Resolution | Date: | Hits: 506
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