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BLAST Vs. Government of the People’s Republic of Bangladesh and others, 2007, 36 CLC (HCD)
....lls and peacefully possessing the said Basti for long 20 years. She adds that they have acquired a vested and legal right to be treated in accordance with law and eviction of the petitioners, without proper notice and without allowing sufficient time is arbitrary, illegal, without lawful authority a......: 13 BLC (2008) 384, 8 LG (2011) HCD 325.......76 & 777 Mouza Joarshahara, JL No. 271, Khatian No. 127, West Bhashantek/Gudaraghat section 15 Ward No. (old) 4 (New 95) PS Kafrul, District Dhaka, without due process of law should not be declared illegal and without lawful authority being contrary to right to life as mandated by Article 32 of the ..Category: Constitutional Law | Date: | Hits: 171
State Vs. Chief Editor, Manabjamin and others, 2002, 31 CLC (HCD)_Part Two
.... the affidavit-in-opposition filed by the contemner is inadequate in its expression of regret and remorse over the incident. In particular, we find that there is no open acknowledgment of guilt, no proper regrets and no undertaking not to commit an offence of this kind again. A Court is loath to......sion. Not only that she is a newscaster of BTV. She is an accomplished lady. She attended the General Session of the United Nations as a member of the Bangladesh Delegation. She along with her husband owns and manages the paper in question. What she did, she did independently of her husband as pr...... 153. In the affidavit-in-opposition HM Ershad tried to justify his action and then prayed for mercy. He did not tender unqualified apology nor did he do so at the earliest opportune moment. The legal position is that an apology will be acceptable if (1) the contemner appreciated that his act..Category: Criminal Law | Date: | Hits: 130
Mohshinul Islam Vs. Rajdhani Unnayan Kartripakkha and others, 1999, 28 CLC (HCD)
....esult, both the Rules are made absolute in part without any order as to cost with the above declaration and direction. Ed. This case is also Reported in: 52 DLR (HCD) (2000) 12.  ......n (Special Original Jurisdiction) Present: Kazi Ebadul Hoque J Md. Muzammel Hossain J Mohshinul Islam………………………….Petitioner Vs. Rajdhani Unnayan Kartripakkha and others………..Respondents Judgment June 9, 1999. Cases Referred To- Giasuddin vs......espondents, Rajdhani Unnayan Kartripakkha and two others to show cause as to why layout plan dated 18-10-92 (Annexure-F) shall not be declared to have been made without any lawful authority and of no legal effect and the respondents were directed not to change the nature and character of the lands e..Category: Property Law | Date: | Hits: 55
National Sports Council Vs. A Latif and Company, 2001, 30 CLC (HCD)
....rty made under section 8(2) of the Arbitration Act is rejected. Order of stay granted at the time of issue of the Rule is hereby re-called. Ed. This Case is also Reported in: 53 DLR (2001) 386. ...... DLR (2001) 386. ......licitly or by silence. Purpose is very clear. What can be resolved by negotiation that cannot be allowed to be taken to the Court for the interest of the work itself. 14. In the above view of the legal position, when I consider the impugned order I find that the Court disposed of the application..Category: Alternative Dispute Resolution | Date: | Hits: 186
Resource International Vs. MV Sargodha and others, 2001, 30 CLC (HCD)
....container which was exclusively done by the shipper. In the face of such bill of lading the carrier need not prove these facts unless rebutted. It has only to establish that such sealed container was properly and carefully loaded, handled, stowed, carried, kept-cared for and discharged. The burden w......01) 381. ......o be arrested. The further claim of the defendants is that the suit having been filed against the vessel ‘MV Sargodha’, which did not carry the cargo; the security obtained from the vessel is not legal as the alleged damaged cargo was carried by another vessel ‘MV Lanka Mohapola’. The defend..Category: Admiralty Law or Maritime Law | Date: | Hits: 214
....n the above facts and circumstances we find no merit in this Rule.
In the result, the Rule is discharged without any order as to cost.
Ed.
This Case is also Reported in: 52 DLR (HCD) (2000) 7.......
(Special Original Jurisdiction)
Present:
Kazi Ebadul Hoque J
Md. Muzammel Hossain J
North South Property Development Ltd……………...Petitioner
Vs.
Secretary, Ministry of Land and another……………….Respondents
Judgment
May 17, 1999.
Cases Referred To-
......outh Property Development Ltd, calling upon the respondents to show cause as to why notification dated 9-10-98 (Annexure-K) should not be declared to have been made without lawful authority and of no legal effect. Case of the petitioner is that the respondent No.1 decided to undertake a project to d..
Category: Civil Law | Date: | Hits: 92
.... long after the submission of the Memorandum of Appeal. So, this deposit is not in accordance with the provision of Section 7 of the Artha Rin Adalat Ain and, as such, the same cannot be construed as proper and legal deposit. So, though the appellant has deposited 50% of the decretal amount on 5-4-9...... case is also Reported in: 52 DLR (HCD) (2000) 4.
...... the submission of the Memorandum of Appeal. So, this deposit is not in accordance with the provision of Section 7 of the Artha Rin Adalat Ain and, as such, the same cannot be construed as proper and legal deposit. So, though the appellant has deposited 50% of the decretal amount on 5-4-99 but this ..
Category: Banking Law | Date: | Hits: 108
Anwar Karim and others Vs. Bangladesh Bank and others, 1999, 28 CLC (HCD)
....lity of respondent No. 5 under the borrower code No.9187 is declared to have been made without lawful authority and of no legal effect. Ed. This case is also Reported in: 52 DLR (HCD) (2000) 1. ......case is also Reported in: 52 DLR (HCD) (2000) 1. ......Bank for the liability of the respondent No.5, Jaba Textile Mills Ltd. under Borrower Code No.9187 (Annexure-A1 and A2) should not be declared to have been made without any lawful authority and of no legal effect. 2. Learned Advocate for the petitioners after placing the petition and other materi..Category: Banking Law | Date: | Hits: 121
Oram Limited Vs. Commissioner of Customs Excise and VAT Commissionerate, Dhaka, 2000, 29 CLC (HCD)
....11- 4-2000 (Annexure-H) should not be declared to have been made without lawful authority and is of no legal effect and/or pass such other or further order or orders as to this court may seem fit and proper. 2. In the writ application it has been stated, inter alia, that the petitioner a private ...... Division (Special Original Jurisdiction) Present: Md. Fazlul Karim J Md. Abdul Wahhab Miah J Oram Limited………………….Petitioner Vs. Commissioner of Customs Excise and VAT Commissionerate, Dhaka………Respondents Judgment December 4, 2000. Result: ......nd contained in letter dated 7-7-97 and 14-7-1997 (Annexures-C and C-1) and also in letter dated 11- 4-2000 (Annexure-H) should not be declared to have been made without lawful authority and is of no legal effect and/or pass such other or further order or orders as to this court may seem fit and pro..Category: Fiscal/Taxation Law | Date: | Hits: 91
....he Government officials concerned are to explain the delay for each day for condoning the delay. In the application under section 5 of the Limitation Act, a general explanation has been given without proper explanation for delay of each day.
7. If a school teacher like the plaintiff opposite part...... also Reported in: 53 DLR (2001) 365.......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...
Category: Procedural Law | Date: | Hits: 88
Abdur Rahman and others Vs. Md Shamsul Huq and others, 2000, 29 CLC (HCD)
....r permanent injunction restraining the defendants from dispossessing the plaintiff or his tenants or any other persons of the plaintiff or disturbing the plaintiff’s peaceful possession of the suit property. In the said suit the plaintiff prayed for an order of temporary injunction which was ultim......dge, Mymensingh. Ed. This Case is also Reported in: 53 DLR (2001) 364.......ept on emergent ground. The office is directed to send a copy of the order at once to the Court of the learned District Judge, Mymensingh. Ed. This Case is also Reported in: 53 DLR (2001) 364...Category: Procedural Law | Date: | Hits: 86
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.......eported in: 53 DLR (2001) 368.......w of AM Mustafa, Managing Director of plaintiff No.1 company and proprietor of plaintiffs Nos.2-3 farms and the constituted attorney of ATM Mushaffar and filed series of documents such as (letter’s legal notices and statements of accounts with original records) marked (Exhibit 1 to 33) (a). 11...Category: Fiscal/Taxation Law | Date: | Hits: 91
Md. Tariqul Islam Vs. State, 2009, 38 CLC (AD)
....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.......an, 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 High Court Division in Criminal Miscellaneous Case No.7370o...... record of the case summarily rejected the application under Section 561A of the Code of Criminal Procedure. He then submits that the High Court Division without touching the merit of the case most illegally rejected the application under Section 561A of the Code. He finally submits that the Tribuna..Category: Criminal Law | Date: | Hits: 56
Md. Alimuddin and others Vs. Alhaj Md. Abu Daud, 2010, 39 CLC (AD)
.... 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. ......d in: VII ADC (2010) 608. ...... of the plaintiffs land was with Ramzan Ali. After, the death of plaintiff’s father plaintiff came to suit land and constructed some shops and has been living there since 1990. The plaintiff gave a legal notice to his elder brother on 30.01.1998 and for this Ramzan Ali gave possession to plaintiff..Category: Property Law | Date: | Hits: 36
Amal Chandra Dhupi @ Das and others Vs. Lakshan Chandra Das and others, 2010, 39 CLC (AD)
....ss of the R.S. and S.A. khatians in the name of his predecessor Mahesh Chandra Dhupi and denied plaintiffs title and possession in the suit land and stated that non-suited holdings were his paternal, properties acquired otherwise. 4. The defendant Nos. 12-15 who are petiÂtioners Nos. 6-9 and the......so Reported in: VII ADC (2010) 605.......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...Category: Property Law | Date: | Hits: 27
Md. Ahia Vs. Md. Azimuddin and others, 2010, 39 CLC (AD)
....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. ......il) Present: Mohammad Fazlul Karim CJ Md. Abdul Matin J ABM Khairul Haque J Md. Muzammel Hossain J Md. Ahia………………………………….Petitioner Vs. Md. Azimuddin and others……..........Respondents Judgment March 21, 2010. Lawyers Involved: Asad H......e plaintiff and also handÂed over the major portion of the suit land. Thereafter the defendants did not execute the sale deed in time in spite of repeated requests and as such the plaintiff served a legal notice through regd. post on 13.05.1999 requesting them to execute the sale deed within 30.05...Category: Property Law | Date: | Hits: 25
Alekjan Bewa and others Vs. Arefa Bewa and others, 2009, 38 CLC (AD)
....nt findings of the Courts below. A partition suit remains pending till the date of passing of the final decree and if any co-sharer prays for allotÂment of saham out of the ejmali land on payment of proper Court fee, the Court can allow such prayer out of the ejmali property without disturbing the ......Appellate Division (Civil) Present: Md. Tafazzul Islam J Md. Joynul Abedin J Md. Abdul Matin J Md. Abdul Aziz J ABM Khairul Haque J Surendra Kumar Sinha J Alekjan Bewa and others……………………....Petitioners Vs. Arefa Bewa and others………………â......ed that the learned Single Judge of the High Court Division erred in law in directing the trial Court to allot saham in favour of the heirs of defenÂdant No.20 in failing to notice that they are not legally entitled to any saham in the suit lands. It is further contended that the learned single Jud..Category: Property Law | Date: | Hits: 23
Joynal Abedin Vs. Ali Azam Saibal and others, 2010, 39 CLC (AD)
....covered by the deed are not situated. In view of the above, learned Single Judge of the High Court Division observed "Section 28 of the Registration Act speaks that docÂument which affects immovable property shall be presented for registration in the office of Sub-Registrar within whose Sub-Distric......Present: Md. Tafazzul Islam CJ Md. Abdul Matin J ABM Khairul Haque J Surendra Kumar Sinha J Joynal Abedin………………………………….Petitioner Vs. Ali Azam Saibal and others………………Respondents Judgment January 7, 2010. Lawyers Involved: Zai...... 3. The learned Assistant Judge on considerÂation of the evidence on record by judgment and order dated 23rd November, 1999 decreed the suit and declared the impugned deed as forged, fraudulent, illegal and void. On appeal by the defendant-petitioner, the learned Subordinate Judge who heard the s..Category: Property Law | Date: | Hits: 21
Government of Bangladesh Vs. Md. Atiar Rahman Khan and others, 2010, 39 CLC (AD)
....erties having been vested in the government under the President's Order No.29 of 1972 as amended by the President's Order No.134 of 1972 and under Act XLV of 1974, the Government of Bangladesh is the proper person to institute the suit in respect of the vested properties and that the Additional Depu......resent: Md. Tafazzul Islam CJ Md. Abdul Matin J ABM Khairul Haque J Surendra Kumar Sinha J Government of Bangladesh………………......Petitioner Vs. Md. Atiar Rahman Khan and others..............Respondents Order January 10, 2010. Lawyers Involved: Murad Rez......a though did not adduce any evidence but cross-examined the plaintiffs witnesses. In the premises, the suit having been decreed on contest the subsequent suit at the instance of the petitioner is not legally maintainable. 4. The learned Assistant Judge upon hearÂing the parties by order dated 30..Category: Limitation Law | Date: | Hits: 149
Surujit Bose (Raju) Vs. Bangladesh and others, 2010, 39 CLC (AD)
....gment and order dated the 2nd day of August, 2009 passed by the High Court Division in Writ Petition No.3418 of 2008 discharging the Rule. 2. The facts involved in the case, in short, are that the property in C.S. Plot No.65 is a Debutter property created by Roy Bahadur Karuna Das Bose by a regÂ......ourt Appellate Division (Civil) Present: Mohammad Fazlul Karim J Md. Abdul Matin J ABM Khairul Haque J Surujit Bose (Raju)…......................Petitioner Vs Bangladesh and others…………........Respondents Judgment January 26, 2010. Lawyers Involved: A......7 has no right and title in the case land i.e. in C.S. Plot No.65 but in 2007 he started construction in C.S. Plot No.65 and on 08.08.2007 the petiÂtioner requested the respondent No.7 to stop the illegal construction in the case plot No.65 and to vacate the case land. The respondent No.7 denied th..Category: Property Law | Date: | Hits: 23
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