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Abul Kashem Vs. Executive Engineer & others, 2000, 29 CLC (HCD)
....ge, Dhaka, for declaration that the Mutation Case No. 99 of 1987-88 filed by the defendant No.1 in the office of defendant No.2 for cancellation of Mutation in the name of the plaintiff in respect of property mentioned in the schedule to the plaint and all actions taken on such petition in the said ......€¦â€¦â€¦Petitioner Vs. Executive Engineer & others……………Opposite Parties Judgment January 26, 2000. Lawyers Involved: Syed Ziaul Karim, with Md Salauddin Talukder and Syeda Maimuna Begum, Advocates—for the Petitioner. A Hasib with MA Tariq, Advocates—for t......ation of Mutation in the name of the plaintiff in respect of property mentioned in the schedule to the plaint and all actions taken on such petition in the said mutation case by defendant No. 2 are illegal and also for declaration of title in respect of the schedule property. The plaintiff is allege..Category: Property Law | Date: | Hits: 21
....ng Title Suit No. 18 of 1995 impleading petitioners and opposite party Nos. 13 and 14 as principal-defendants and proforma defendants respectively for a decree of permanent injunction with respect to property described in schedule to plaint.
3. Defendant No.1, Deputy Commissioner, Moulvibazar con......ands vacated.
Ed.
This Case is also Reported in: 53 DLR (2001) 183....... facts and circumstances of the Case and also considered submission and the authorities relied upon by learned Advocates in support of their contentions. Learned District Judge also took into account legal aspect of the matter. Learned District Judge took the view that higher courts took and take le..
Category: Limitation Law | Date: | Hits: 152
Mir Hossain @ Amir Hossain and Others Vs. Alifa Khatun and Others, 2009, 38 CLC (AD)
....smissing the suit." 7. We have perused the leave petition and heard the learned Advocate. It apÂpears that the High Court Division has found that the concern process server not being examined the proper service of summons of Title Suit No.16 of 1985 could not be proved and the courts below faile...... Present: Mohammad Fazlul Karim J Md. Joynul Abedin J Md. Abdul Matin J Shah Abu Nayeem Mominur Rahman J ABM Khairul Haque J Md. Muzammel Hossain J Mir Hossain @ Amir Hossain and Others……….Plaintiff (In both the cases) Vs. Alifa Khatun and Others……………â€......hased land from son of Abdul Khaleque who purchased 9 decimals of land from Saidur Rahman. Defendant Nos.10 and 11 two sisters inherited 45/6 decimals of land along with their three brothers being legal heirs of Saidur Rahman. The defendant No.12 inherited shares of Foyezunessa and defendant No.2..Category: Property Law | Date: | Hits: 79
Dr SKM Joynal Abedin Vs. Bangladesh, 2010, 39 CLC (AD)
....resaid lease deed include amongst others clause 12 thereof to protect the specified boundary of the allotted plots as follows: "that the tenants shall preserve intact the boundaries of the demised property and shall keep the same well demarcated and shall point them out when required by the lesso......in J BK Das J ABM Khairul Haque J MM Hossain J SK Sinha J Dr. SKM Joynal Abedin…................Petitioner Vs. Bangladesh represented by the Secretary, Ministry of Housing and Public Works and others………….Respondents Judgment February 9, 2010. Lawyers In......ated 2-3-2008 issued under the signaÂture of defendant No. 6 treating the plaintiff as an "unauthorized occupant" directing him to vacate a piece of land measuring 2.083 kathas of the suit land is illegal, null and void and not binding upon the plaintiff. 4. Pass a decree in favour of the plainÂ..Category: Property Law | Date: | Hits: 44
Md. Mozaffer Rahman and other Vs. Government of Bangladesh and another, 2010, 39 CLC (AD)
.... of land has been recorded in plot No.698 under Khatian No.267 in the name of Braza Madhab Dev and others; that the recorded tenants left the country and consequently, the land was enlisted as vested property; that the plaintiffs have brought the suit on the basis of false allegations with a view to......so Reported in: 15 MLR (AD) (2010) 170. ......iod of M.R.R. operation the suit land recorded in the name of predecessor-in-interest of the plaintiffs in M.R.R. Khatian No. 14; that thereafter, Kalimuddin died leaving behind the plaintiffs as his legal heirs and since then the plaintiffs have been possessing the suit land for more than 12(twelve..Category: Property Law | Date: | Hits: 28
....n and this is because as per Article 8(2), the fundamental principles shall be applied which includes the governance of the country. Dr Hamid referring to Part II of the Constitution submits that for proper appreciation of the issue raised in this writ petition Articles 11, 19(1) and 22 of the Const......in: 55 DLR (2003) 332.
......of the Appellate Division of this Court by the President of the Republic pursuant to the authority vested in him by Article 95(1) of the Constitution.
3. The petitioner No. 1 is engaged in the legal profession as a practicing lawyer since 1995. The petitioner No. 2 claims to be a social worke..
Category: Constitutional Law | Date: | Hits: 126
Abul Khair Morselin (Md) Vs. Bangladesh and others, 2000, 29 CLC (HCD)
....he Vacation Bench on 10-10-2000 is hereby vacated and the remaining part of the election of the FBCCI shall be held in accordance with law. Ed. This Case is also Reported in: 53 DLR (2001) 179. ......ourt Division (Special Original Jurisdiction) Present: Abu Sayeed Ahammed J Khademul Islam Chowdhury J Abul Khair Morselin (Md) …………………..Petitioner Vs. Bangladesh and others…………………. Respondents Judgment October 17, 2000. Cases Referred To- ......er group has already been held. 11. Moudud Ahmed, the learned Counsel appearing for the petitioner, submits that the election of the Chamber group was not free and fair and the election was held illegally and by unfair means adopted in the same. This submission has no substance because this Court..Category: Business or Commercial Law | Date: | Hits: 204
Hasmat Ali Vs. State, 2001, 30 CLC (HCD)
....ase of Safar Ali and others Vs. State reported in 1983 BLD 325 it was held that the prolonged police custody immediately before recording of the confessional statement is sufficient, if not otherwise properly explained, to render it as involuntary. 27. Similarly, in the Case of Hamzo Vs. State re......din J Hasmat Ali……………Appellant Vs. State…… Respondent Judgment January 23, 2001. Cases Referred To- Md. Tajul Islam Khokan & ors Vs. State, 6 BLT 79; Safar Ali and others Vs. State, 1983 BLD 325; State Vs. Mofazzal Hossain, 11 BLD (AD) 202, 43 DLR (AD) 64A; St......ocates even the confessional statement of the convict appellant cannot be taken to be any basis for conviction in the instant Case when it was extracted through physical torture after prolonged and illegal detention in the police custody beyond the period of 24 hours without any order of remand, mor..Category: Criminal Law | Date: | Hits: 27
Khaleda Rahman & another Vs. Integrated Services Limited and others, 1999, 28 CLC (HCD)
....eady been admitted or that the High Court Division is in seisin of the injunction matter and fixed 3 1-5-99 for hearing the appeal on merit. This conduct of Mr. Zakir Hossain, Advocate is not at all proper, legal and against the normal ethics and this is not expected from the learned Advocate of th......Court Division (Civil Appellate Jurisdiction) Present: Mahmudul Amin Choudhury J Md. Abdul Aziz J Khaleda Rahman & another………Appellants Vs. Integrated Services Limited and ors………..Respondents Judgment June 8, 1999. Cases Referred To- Karnafully Pap...... her brother appellant No. 2 called a Board Meeting by notice dated 8-4-1999. Wherein respondent No. 3 sent a written objection to the appellant No. 2 against the said notice. That meeting was held illegally wherein the present respondent No. 2 was not present and accordingly, the meeting was adjour..Category: Business or Commercial Law | Date: | Hits: 207
Daily Star and Prothom Alo Patrika Vs. State, 2001, 30 CLC (HCD)
....ions Judge, 5th Court, Dhaka should not be changed and a Special Public Prosecutor be appointed for conducting the Case or pass such other or further order or orders as to this Court may seem fit and proper. 2. Facts leading to the issuance of the Rule are as follows: The Daily Star in its is......eported in: 53 DLR (2001) 155. ......l of Police, Bangladesh. The office is directed to transmit the record along with a copy of the judgment by a special messenger. Ed. This Case is also Reported in: 53 DLR (2001) 155. ..Category: Criminal Law | Date: | Hits: 189
Hasibur Rahman (Md) Vs. Shakila Begum and another, 2000, 29 CLC (HCD)
.... Order of stay granted in Civil Revision Petition stands vacated. No costs. Send down the LCR as immediately as possible. Ed. This Case is also Reported in: 53 DLR (2001) 152. ......e Court High Court Division (Civil Revisional Jurisdiction) Present: AK Badrul Huq J Hasibur Rahman (Md)…………….Petitioner Vs. Shakila Begum and another…………….Opposite Parties Judgment August 24, 2000. Cases Re......ass decree according to the Case. The language used is affirmative and the Rule is further strengthened by non obstante clauses giving the clear impression that the intention is beneficial so that no legal right should be denied which the appellate Court considers should be allowed within the framew..Category: Family Law | Date: | Hits: 152
Mainul Hosein & others Vs. Sheikh Hasina Wazed, 2000, 29 CLC (HCD)
....principle with this Court Said Lord Atkin. The path of criticism is a public way: the wrong-headed are permitted to err therein: Provided that the members of the public abstain from imputing improper motives to those taking part in the administration of justice, and as genuinely exercising a ......r Edward Snelson Vs. Judges of the High Court, PLD 1961 (SC) 237; MH Kharidakar Vs. the State, 18 DLR (SC) 124; Habibul Islam Bhuiyan, 51 DLR (AD) 68; MH Beg, CJ Vs. R Krishna Ayar, AIR 1978 (SC) 727 and Gudi Kanti Narasimbule Vs. Public Prosecutor, AIR 1978 (SC) 429; Andre Paul Terence Ambard Vs. t......ge, honour and dignity of the Courts of Bangladesh in general including the Supreme Court. The learned Advocates have brought the above statement to the notice of the Court and prayed for appropriate legal action against the Prime Minister under the Contempt of Court Act and also under the Constitut..Category: Criminal Law | Date: | Hits: 49
Tarun Karmaker Vs. State and others, 2000, 29 CLC (HCD)
.... view that so long this order of the learned Sessions Judge, Satkhira stands and is not set aside by any Superior Court, it cannot be said that the victim was put into judicial custody illegally or improperly. The validity of the order passed by the learned Sessions Judge can be set aside only by a ......sion (Criminal Miscellaneous Jurisdiction) Present: Md. Hamidul Haque J Md. Munsurul Haque Choudhury J Tarun Karmaker……….Petitioner Vs. State and ors………….Respondents Judgment December 12, 2000. Case Referred To- ......binding on all other Courts. 4. We have perused the application under section 491. The petitioner claimed that the detenu is his minor daughter and, as such, the learned Sessions Judge acted illegally in refusing his prayer for giving her custody to him and in passing an order for judicial cu..Category: Criminal Law | Date: | Hits: 33
Raisuddin (Md) Vs. Sitaram Bhar and others, 2001, 30 CLC (HCD)
....f the appeal on merit within 3(three) months from the date of receipt of this judgment and order of this Court for ends of justice. Ed. This Case is also reported in: 53 DLR (2001) 131. ......upreme Court High Court Division (Miscellaneous Appellate Jurisdiction) Present: Md. Abdul Aziz J Raisuddin (Md)…….. Appellant Vs. Sitaram Bhar and others……..Respondents Judgment February 12, 2001. Cases Referred To- ......Mr. Md. Mahbub Ali, the learned Advocate appearing on behalf of the plaintiff-appellant submits that the impugned order suffers from serious infirmity in not considering and giving any finding on the legal requirement of rule 19 of Order 41 of the said Code as to whether the appellant was prevented ..Category: Property Law | Date: | Hits: 29
Sirajul Islam (Md) and another Vs. Government of Bangladesh & others, 2000, 29 CLC (HCD)
....ng to GR Case No.140/96 should not be declared to have been passed without lawful authority and is of no legal effect or such other or further order or orders passed as to this Court may seem fit and proper. 2. In the writ petition it has been stated, inter alia, that on 9-4-96 four Banglades......53 DLR (2001) 127. ......Case No.348 of 1996 arising out of Satkhira Police Station Case No.16 dated 11-4-96 corresponding to GR Case No.140/96 should not be declared to have been passed without lawful authority and is of no legal effect or such other or further order or orders passed as to this Court may seem fit and prope..Category: Criminal Law | Date: | Hits: 101
Bibhu Ranjan Das Vs. Hakim Ali and others, 2000, 29 CLC (HCD)
.... Court on 9-6- 91, ‘to show cause as to why the impugned judgment and order should not be set aside or such other or further order or orders should not be passed as to this Court may seem fit and proper’. It seems, however, that the Rule Nisi issued does not correspond to the prayer of the pet......rt High Court Division (Civil Revisional Jurisdiction) Present: AKM Shafiuddin J Bibhu Ranjan Das ………………………Petitioner Vs. Hakim Ali and others …………………Opposite Parties Judgment June 13, 2000. Cases ......ty to a suit, by merely submitting an application for an adjournment, is not relieved of his obligation to make himself present at the hearing. The adjournment may or may not be granted. A party to a legal dispute cannot claim an adjournment of a hearing as a matter of right. He cannot expect to hav..Category: Civil Law | Date: | Hits: 80
Abdul Abedin Abdul Vs. State, 2000, 29 CLC (HCD)
.... Deputy Commissioner, Sylhet was asked to show cause as to why the accused petitioner shall not be enlarged on bail and/or pass such other or further order or orders as to this Court may seem fit and proper. 2. In the application for bail it has been stated, inter alia, that the petitioner is......minal Procedure, read with section 19 of the Extradition Act, 1974. By this Rule the Deputy Commissioner, Sylhet was asked to show cause as to why the accused petitioner shall not be enlarged on bail and/or pass such other or further order or orders as to this Court may seem fit and proper. 2......efore the Magistrate, 1st Class, Sylhet under section 6 of the Extradition Act, 1974. In the result, the Rule is discharged. Ed. This Case is also Reported in: 53 DLR (2001) 109. ..Category: Criminal Law | Date: | Hits: 87
Hussain Mohammad Ershad Vs. State and others, 2000, 29 CLC (AD)
.... thereby has committed offence of Criminal Misconduct under section 5(1) (e) of the said Act. 33. Now we come to the last issue as to whether the sentence awarded to each of the accused persons is proper. Prevention of Corruption Act (Act II of 1947) is a socially useful measure conceived in publ......e Court High Court Division (Criminal Appellate Jurisdiction) Present: Md. Gholam Rabbani J Md. Latifur Rahman J Hussain Mohammad Ershad………………Appellant Vs. State and others…………………..Respondents Judgment August 24, 2000. Lawyers Involved: ......s. 49, 49A, 49B, and 49C within Kawran Bazar Commercial Area including the building/structures thereon known as Janata Tower is maintained. Ed. This Case is also Reported in: 53 DLR (2001) 102. ..Category: Property Law | Date: | Hits: 33
Mosharaf Hossain (Md) @ Mash Vs. Bangladesh and others, 2000, 29 CLC (HCD)
....of Late Alim Rahman of Village Shyakur PS Maheshpur District Jhenaidah be set of liberty at once if not wanted in any other connection. Ed. This Case is also Reported in: 53 DLR (2001) 100. ......ellaneous Jurisdiction) Present: Md. Hamidul Hoque J Md. Munsurul Haque Choudhury J Mosharaf Hossain (Md) @ Mash……………….Petitioner Vs. Bangladesh and others…………………….Opposite Parties Judgment July 17, 2000. La......its that the order of detention was made on 24-6-99 but it was served on 19-6- 2000 i.e. after about one year. He has argued that order of detention and the order for extension of the detention are illegal. 3. The learned Assistant Attorney-General did not make any submission as against the a..Category: Criminal Law | Date: | Hits: 29
Arabinda Das Vs. Sura Bala Das and others, 1999, 28 CLC (HCD)
....ite party Nos. 1 and 2 as plaintiffs laid a suit being Title Suit No. 199 of 1960 in the Second Court of Munsif, Brahmanbaria for a decree of partition with respect to schedule ‘Ka’ and ‘Kha’ properties detailed in the plaint. The defendant Nos. 4 to 6 and 8-9 resisted the suit by presenting......ourt High Court Division (Civil Revisional Jurisdiction) Present: AK Badrul Huq J Arabinda Das...........................Petitioner Vs. Sura Bala Das and others………….Opposite Parties Judgment August 19, 1999. Lawyers I...... Case No. 96 of 1981 and allowed the petition preferred by the plaintiffs under the provision of Order 22 rule 9 of the Code of Civil Procedure. The learned appellate Judge also brought on record the legal heirs of the deceased-defendant No. 10 and directed the suit to be proceeded with. 3. F..Category: Property Law | Date: | Hits: 28
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