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Abdul Mannaf (Md.) Vs. Md. Sohrab Ali Akand & others, 2005, 34 CLC (HCD)
....andina" or Bazar lands are non-agricultural lands and, as such, the same is out side the scope of section 96 of the State Acquisition and Tenancy Act 1950. 14. To become a "Chandina" or Bazar land provision of section 3 of the Hats and Bazars (Establishment and Acquisition) Ordinance, 1959 must b......th the impugned judgment and order. Accordingly, the Rule is discharged without any order as to costs. Send down the LC Records at once. Ed. This Case is also Reported in: 58 DLR (2006) 242. ..Category: Property Law | Date: | Hits: 91
Alimuddin and others Vs. Abdul Kabir and others, 2003, 32 CLC (HCD)
.... with the appeal in accordance of law. Send down a copy of this judgment to the learned Joint District Judge, Kishoreganj for compliance. Ed. This Case is also Reported in: 58 DLR (2006) 240.......ange the nature and character of the suit or of the plaint, the question of limitation as has been held by the learned Joint District Judge has been utterly misconceived whereby he committed error of law resulting in an error in the decision occasioning failure of justice. 8. The learned Advocate..Category: Procedural Law | Date: | Hits: 93
Executive Engineer, Sylhet Public Works Department Vs. Md. Asob Ali, 2005, 34 CLC (HCD)
.... notice, even granting that it was the highest quotation, will not, in any manner, create on the person who issued the auction notice, an obligation to accept the quotation. 13. So, in view of the provisions of the Sale of Goods Act and the Contract Act, a party coming out to be the highest bidde......act. Mr. Haque, then submits that the tenns of the notice for auction sale of goods inviting bids by submission of quotations are binding upon both the sides if the same are not in contradiction with law. Mr. Haque reads out conditions Nos. 4. 5. 6 and 9 of Auction Notice No. 6 of 2001-2002 which ar..Category: Business or Commercial Law | Date: | Hits: 209
Tahera Begum and others Vs. Mizanur Rahman (Md.) and others, 2004, 33 CLC (HCD)
.... in Title Suit No. 12 of 2002 staying all further proceedings of Title Execution Case No. 1 of 2002 is hereby set aside. Communicate at once. Ed. This Case is also Reported in: 58 DLR (2006) 224.......ge, therefore, did not commit any error in holding that the final decree as drawn against a dead party, namely, defendant No. 232 Jalal Patwari, was a nullity and such decree could not be executed in law. In support, he cited Aminullah Bhuiyan and others Vs. Abdul Hafiz and others, 1981 BCR (AD) 131..Category: Property Law | Date: | Hits: 72
Rafique Ullah (Md) Vs. Badsha Alam and others, 2005, 34 CLC (HCD)
....e-emption is maintained. The order of stay earlier granted by this Court stands vacated. Send down the lower Court's records at once. Ed. This Case is also Reported in: 58 DLR (2006) 221. ......tee-opposite parties contested the case by filing written objection denying all the material allegations of the pre-emption application and contended, inter alia, that the case is not maintainable in law, inasmuch as the opposite party No. 3 mortgaged the case land to opposite party Nos. 1-2 by a re..Category: Property Law | Date: | Hits: 67
Badel Alam Howlader Vs. Falu Dewan and others, 2004, 33 CLC (HCD)
.... submission that non issuance of show cause notice upon the plaintiff-appellant-opposite parties prior to cancellation of the settlement has caused violation of the principles of natural justice, the provisions of the kabuliat need to be referred to. Clause 10 of the kabuliat dated 10-5-92 reads as ......the suit land. This finding of fact in respect of possession, he submits, having not been reversed by the lower appellate Court, the same remained uncontroverted and, there for, correct in the eye of law. 13. In order to consider Mr. Khan's submission that non issuance of show cause notice upon t..Category: Property Law | Date: | Hits: 66
AHM Khurshed Ali & others Vs. Md. Hashem Ali and others, 2006, 35 CLC (HCD)
....ing decisions given by other Benches referred the case to the Hon'ble Chief Justice for constitution of a larger Bench and the Hon'ble Chief Justice constituted this full Bench in accordance with the provision of rule 4 of Chapter VII of the High Court Rules for final decision. 2. The questions a...... dated 14-5-2005 passed by the District Judge Chittagong was initially heard by a Division Bench comprising Mr. Justice ABM Khairul Haque and Mr. Justice ATM Fazle Kabir and a preliminary question of law arose as to the maintainability of revisional application before the District Judge against an o..Category: Procedural Law | Date: | Hits: 90
Afil Jute Mills (Pvt) Ltd. and others Vs. Bangladesh, 2006, 35 CLC (HCD)
....ney-General. Ms Qamrun Nessa, adopts the above arguments of Mr. Shamim and submits that the said two legislations have been enacted by the legislature for achieving different objectives although some provisions in the legislations under consideration may appear to be overlapping. It is also submitte...... respondent No. 3, Janata Bank, KD Ghose Road, Corporate Branch, Khulna making a demand of Taka 79,13,42,887.12 against the petitioners should not be declared to have been made and issued without any lawful authority and of no legal effect. 2. Subsequently, when the matter was taken up for hearin..Category: Civil Law | Date: | Hits: 125
Ali Akbar (Md.) Vs. Government of Bangladesh and others, 2005, 34 CLC (HCD)
....ict of Chittagong. He was elected Chairman in-charge of that Union because of the removal of .the elected Chairman on 19-11- 2003 as evident in the memo dated 19-11-2003 (Annexure-A) according to the provision of section 16(1) of the Local Government (Union Parishad) Ordinance, 1983 (in short, the O......ng Chairman (Chairman-in-charge) in his office should not be declared to have been issued in violation of the rules and the action of respondent Nos. 2, 3 and 4 in this respect is illegal and without lawful authority and of no legal effect. 2. The facts necessary for the disposal of the Rule are:..Category: Election Law | Date: | Hits: 83
Ziaul Hoque Chowdhury (Md.) Vs. State and another, 2005, 34 CLC (HCD)
....on 265C contains has been substituted for the original Chapter XXIII by Ordinance No. XLIX of 1978. This chapter came into force with effect from 1st June, 1979. In the old chapter XXIII, there was a provision for discharge of an accused under section209 Cr.P.C., which is almost in the verbatim lang......34 of the Penal Code by the impugned order dated 7-6-2003. 3. Mr. Raqibul Hoque Miah, learned Advocate for the petitioner, submits that the learned Additional Sessions Judge has committed error of law in discharging the accused Mofizur Rahman in failing to notice that there are sufficient materia..Category: Criminal Law | Date: | Hits: 49
HRC Shipping Ltd. Vs. MV X-Press Manaslu, MV X-Press Resolve & others, 2006, 35 CLC (HCD)
....icable in this case since the vessel MV Jaami carried the goods from aport in Bangladesh and accordingly, the carrier is discharged from liability in respect of loss and damage to the goods under the provisions of the said Act. 7. Mr. Rafique-ul-Huq, the learned Advocate for the plaintiff submits......sing from and occasioned by the agency of nature which cannot be guarded against by the ordinary exertions of human skill and prudence so as to prevent its effect. An "Act of God" was always a common law exception. It was a metaphorical phrase (like "fate") with a religious origin used to describe t..Category: Admiralty Law or Maritime Law | Date: | Hits: 314
Government of Bangladesh represented by the DC, Comilla Vs. Md. Eakub and others, 2004, 33 CLC (HCD)
....Industries is now obliged to return the money received in respect of schedule-1 (kha) property to the plaintiff. Send down the LCR at once. Ed. This Case is also Reported in: 58 DLR (2006) 176. ...... as lessor of said 1-(kha) property. Determination of the value of the property by any order of said Ministry or payment of any money on the basis of such determination must be held to be without any lawful authority and jurisdiction. The Ministry of Industries was never in management and possession..Category: Property Law | Date: | Hits: 159
Mainul Hosein and others Vs. Anwar Hossain and others, 2003, 32 CLC (HCD)
....war Hossain was no longer a Minister. So, it would be futile exercise to hear the Rules as they had lost their efficacy by lapse of time, particularly when it involves consideration of constitutional provisions, which are not liable to be decided merely as an academic issue. Mr. Huq has relied upon ......-General- For the Government Respondents. Writ Petition No. 3773 of 1996 with WP No. 2746 of 1997 and WP No. 3834 of 1999. Judgment Md. Joynul Abedin J. - Since common questions of law and fact are involved in all these three writ petitions. Rules in all these writ petitions are h..Category: Information Technology Law | Date: | Hits: 324
Moulana Md. Abdul Kader Azadi Vs. Government of Bangladesh and other, 2005, 34 CLC (HCD)
.... notice to the District Registrar. The petitioner, however, failed to submit any satisfactory reply. The licence of Nikah Registrar of the petitioner was revoked after complying with all the relevant provisions of law. 4. On receipt of the affidavit-in-opposition. The petitioner filed a supplemen...... Nikah Registrar under rule 5(1) of the Muslim Marriages and Divorces (Registration) Rules, 1975 as contained in Annexure B to the Writ Petition should not be declared to have been passed without any lawful authority and is of no legal effect and/or such other or further order or orders passed as to..Category: Employment/Service Law | Date: | Hits: 81
Jahangir Hossain Howlader (Md.) Vs. CMM, Dhaka and others, 2004, 33 CLC (HCD)
.... done by the petitioner was nothing but a show of business. This was proved by the 4-member departmental enquiry committee which found that the petitioner was liable for the missing containers as per provisions of sections 17 and 168 of the Customs Act, 1969. The petitioner could have seized the all......Case No. 9 of 2002 arising out of Sabujbag PS. Case No. 27 dated 16-1-2002 pending before the Chief Metropolitan Magistrate so far as it relates to the petitioner should not be declared to be without lawful authority and of no legal effect and why the respondents should not be directed to refrain fr..Category: Criminal Law | Date: | Hits: 158
Dr. Abdur Rahman and others Vs. Chairman, RAJUK & others, 2005, 34 CLC (HCD)
....strained by an order of injunction from evicting the petitioners from the acquired property and taking possession thereof as the law. The law on the point is very clear. The matter is governed by the provision of Acquisition and Requisition of Immovable Property Ordinance, 1982. The said Ordinance i......e for restraining the opposite parties from evicting the plaintiff petitioners from the suit land without paying the aforesaid compensation but the learned Trial Court laboring under misconception of law rejected that prayer which is not sustainable in law. Mr. Azadi also vehemently argued that with..Category: Civil Law | Date: | Hits: 99
Sushovan Guha and others Vs. Mahbubul Mannan Chowdhury and others, 2005, 34 CLC (HCD)
....igh Court Division. 16. Before exercising this power, this division is to satisfy itself that the learned Additional District Judge in exercising his jurisdiction acted illegally in breach of some provision of law or by committing some error of procedure committed material irregularity which has ......t Judge without passing any order on merit which is highly illegal. 10. The point for determination is whether the learned Additional District Judge committed any error of an important question of law resulting in erroneous decision occasioning failure of justice. 11. Mr. Sarder Abul Hossain t..Category: Procedural Law | Date: | Hits: 77
Abdul Mannan alias Mona Miah Vs. State, 2002, 31 CLC (HCD)
.... of Additional Sessions Judge, and Nari-o Shishu Nirjatan Daman Bishesh Adalat No. 2, Noakhali for necessary action in accordance with law. Ed. This Case is also Reported in: 58 DLR (2006) 91. ......the marriage the condemned-prisoner was given Taka 40,000. Then condemned-prisoner went to Malaysia and after 2 years he returned from Malaysia and again demanded Taka 20,000 from PW 1, his father-in-law, for going to Abu Dhabi. On 28-11-1997 at about 5-00 AM a boy came to the house of PW 1 Siddique..Category: Criminal Law | Date: | Hits: 96
Government of Bangladesh Vs. Helal Jute Press Ltd. and others, 2009, 38 CLC (AD)
.... 3. The writ respondent No.1-Governrnent-appellant contested the Rule contending, inter alia, that the writ petitioner No.2 -respondeent No.2 left Bangladesh during war of liberation and as per the provisions of the voting President's Order No.1M-35/71/ B dated 26-12-1971 possession of the propert...... during war of liberation and as per the provisions of the voting President's Order No.1M-35/71/ B dated 26-12-1971 possession of the properties of writ petitioner No.1-respondent No.1 was taken over lawfully by the Government; that the writ-petitioners claimed ground rent at the rate of Tk.1/- per ..Category: Property Law | Date: | Hits: 128
Md. Bazlur Rashid Vs. Bangladesh, 2008, 37 CLC (AD)
.... Nikah Registrar on temporary basis under sub-Rule 5(1) on the date of commencement of this substituted rule shall deemed to have been licensed by the Government on regular basis and subject to the provisions of Rule 10 and other concerned provisions, he shall be issued a permanent license of Nika......d in Bangladesh Gazette on 16 January, 2001, old Rule 5Awas substituted by a new Rule 5A providing that notwithstanding anything contained in Rule 5 or in any other instrument having the force of law, any person acting as Nikah Registrar on temporary basis under sub-Rule 5(1) on the date of co..Category: Civil Law | Date: | Hits: 105
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