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Md. Amanullah and others Vs. Md. Sirajul Islam, 2009, 38 CLC (HCD)
..... 28. 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: 7 LG (HCD) (2010) 332. ...... Rule are that on 28.04.1999 the opposite party as plaintiff instituted Title Suit No.61 of 1999 in the Court of Senior Assistant Judge, Rupgonj, Narayanganj, impleading the petitioners as defendants for permanent injunction in 6 1/2 decimals of land our of 65 decimals described in the schedule of t....... 28. 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: 7 LG (HCD) (2010) 332. ......s never claimed such common path. So it cannot be said that the plaintiff and defendants are enjoying joint possession. He lastly submits that after considering the evidence on record the learned Judges of the Courts below rightly decreed the suit which calls for no interference by this Court. ..Category: Civil Law | Date: | Hits: 181
S.N. Kabir Vs. Mrs. Fatema Begum, 2010, 39 CLC (HCD)
.... In the result, the appeal is dismissed without order as to costs. Send down the lower Court records. M. Enayetur Rahim J.- I agree. Ed. This Case is also Reported in: 7 LG (HCD) (2010) 310. ......17.9.2003 passed by the learned Joint District Judge, 3rd Court Dhaka in Title Suit No.149 of 2002 rejecting the plaint of the suit. 2. The plaintiff-appellant instituted Title Suit No.149 of 2002 for declaration that he is the owner of the suit property and that the defendant wife is his benamda...... In the result, the appeal is dismissed without order as to costs. Send down the lower Court records. M. Enayetur Rahim J.- I agree. Ed. This Case is also Reported in: 7 LG (HCD) (2010) 310. ......of Income Tax. Kerala Vs. Tara Agencies reported in (2007) 6 Supreme Court cases 429 held in paragraph 58 of the report (p-447) as follows: "58. In Union of India Vs. Deoki Nandan Aggarwal a three Judges Bench of this Court held that it is not the duty of the Court either to enlarge the scope of ..Category: Property Law | Date: | Hits: 134
....dingly the Respondent No.5 is directed to pay a sum of Taka 1,50,000/- (one lac fifty thousand) to the petitioner.
Md. Faruque (M. Faruque) J.- I agree.
Ed.
This Case is also Reported in:
......esh, represented by the Secretary, Ministry of Education and others …………. Respondents
Judgment
May 24 and 25, 2012.
Result:
The Rule is made absolute in part along with all the aforesaid observations and directions.
Lawyers involved:
Manzil Murshid, Advocate-For the Petit......dingly the Respondent No.5 is directed to pay a sum of Taka 1,50,000/- (one lac fifty thousand) to the petitioner.
Md. Faruque (M. Faruque) J.- I agree.
Ed.
This Case is also Reported in:
......lse University of British Law Degree”; the report stated how the Respondent No.5 was defrauding students in the name of education. It has been further stated that the Respondent No.5 invited Senior Judges of the Supreme Court, the Education Minister, Vice Chairman of the Bar Council and others to ..
Category: Others | Date: | Hits: 146
Durga Rani Sutradhar Vs. Paresh Chandra Sutradhar, 2002, 31 CLC (HCD)
....ance with law and in the light of our observations given above. We prefer to make no order as to cost. Send down the LCR at once. Ed. This Case is also Reported in: 55 DLR (HCD) (2003) 600. ......case. 2. The relevant facts giving rise to this appeal, in short, are that the petitioner Durga Rani Sutradhar wife of the deceased testator Hari Pada Sutradhar filed the above Will probate case before the District Delegate Subordinate Judge Narayanganj on 13‑7‑1986 under section 276 of the S......ance with law and in the light of our observations given above. We prefer to make no order as to cost. Send down the LCR at once. Ed. This Case is also Reported in: 55 DLR (HCD) (2003) 600. ......ict Judge and any portion of the assets likely to come to the petitioner's hands is situate in another State, the petition shall further state the amount of such assets in each State and the District Judges within whose jurisdiction such assets are situate." 14. So, it is evident from the above l..Category: Property Law | Date: | Hits: 113
Nirman International Ltd. and another Vs. Janata Bank, 2010, 39 CLC (HCD)
....r Rahman Khan, learned Advocate appearing before us who lighted us by presenting the law properly. Communicate this order at once. Ed. This Case is also Reported in: 16 BLC (HCD) (2011) 57. ......08 impugning the judgment and order No.22 dated 14-7-2005 passed by the learned Joint District Judge, 4th Court Dhaka in Money Execution Case No.2 of 2004 rejecting the petitioner's application filed for dismissal of the said Money Execution proceeding and/or such other further order or orders as ......r Rahman Khan, learned Advocate appearing before us who lighted us by presenting the law properly. Communicate this order at once. Ed. This Case is also Reported in: 16 BLC (HCD) (2011) 57. ......n and 'Superior Courts', with reference to any such territory, means such Courts as may be specified in the said notification." 7. It appears from the judgment of the Courts below that the learned Judges did not consider whether United Arab Emirates in a reciprocating territory of Bangladesh and ..Category: Civil Law | Date: | Hits: 168
Bangladesh Water Development Board and other Vs. Progati Prakaushali & another, 1996, 25 CLC (HCD)
.... legally made the award a rule of the Court. In view of the facts and circumstances of the case, there will be no order as to cost. Ed. This case is also Reported in:49 DLR (HCD) (1997) 335. ......rted from FMA No. 385 of1994). Judgment Syed Amirul Islam J.- This appeal arises out of a proceeding under sections 14 and 17 of the Arbitration Act. 2. The relevant facts that are necessary for the purpose of disposal of this appeal are that, the Progati Prakaushali an enlisted a class con...... legally made the award a rule of the Court. In view of the facts and circumstances of the case, there will be no order as to cost. Ed. This case is also Reported in:49 DLR (HCD) (1997) 335. ......in dispute, and that any irregularity in their appointment was cured by the conduct of the party. 19. There is another decision in that line in the case reported in AIR 1941 (Mad) 129. The learned Judges of the Madras High Court observed that a Court will be unwilling to assist a party who, with ..Category: Alternative Dispute Resolution | Date: | Hits: 606
Abdus Samad @ Md. Abdus Samad Vs. State, 2011, 40 CLC (AD)
....d Senior Counsel for the petitioner merit no consideration. In the result, this criminal petition for leave to appeal is dismissed. Ed. This Case is also Reported in: 17 MLR (AD) (2012) 332. ...... Ahmed J Abdus Samad @ Md. Abdus Samad.............................Petitioner Vs. The State..........................Respondent Judgment November 27, 2011. Result: This petition for leave to appeal is dismissed. Case Referred to- Md. Abdul Majid Barker Vs. The State 40 DL......d Senior Counsel for the petitioner merit no consideration. In the result, this criminal petition for leave to appeal is dismissed. Ed. This Case is also Reported in: 17 MLR (AD) (2012) 332. ......t petition for Leave to Appeal. 10. Mr. T.H. Khan, the learned Senior Counsel appearing for the petitioner took us through the judgment and other materials on record and submitted that the learned Judges of the High Court Division have totally failed to consider that no evidence has been produced..Category: Criminal Law | Date: | Hits: 116
Mrs. Hasina Shams Vs. IFIC Bank Ltd. & Others, 2005, 34 CLC (HCD)
....aw involved made the Rule absolute and there is no material on the record to call for interference. The petition is dismissed. Ed. This Case is also Reported in: 2007 (XV) BLT (AD) 174.......tional Bank Ltd. and others 16 BLD (AD) 250. Lawyers Involved: Nurul Islam Bhuiya, Advocate-on-Record - For the Petitioner. Not Represented – the Respondents. Civil Petition for Leave to Appeal No. 1581 of 2003. (From the judgment and order dated 17.6.2003 passed by t......aw involved made the Rule absolute and there is no material on the record to call for interference. The petition is dismissed. Ed. This Case is also Reported in: 2007 (XV) BLT (AD) 174.......aw involved made the Rule absolute and there is no material on the record to call for interference. The petition is dismissed. Ed. This Case is also Reported in: 2007 (XV) BLT (AD) 174...Category: Civil Law | Date: | Hits: 122
Sreemati Hari Rani Basak and others Vs. Government of Bangladesh and others, 2007, 36 CLC (HCD)
....ed, and, as such, it stands discharged for non-prosecution. No cost. Lower Courts Records are sent down. Ed. This Case is also Reported in: 15 BLT (HCD) (2007) 506; 13 BLC (HCD) (2008) 1. ......Revision Petition under section 115 of The Code of Civil Procedure (For short The Code). Civil Revision Petition has been numbered as Civil Revision No.380 of 1991. 2. Portrayal of intrinsic datum forming backdrop of Civil Revision Petition may succinctly be stated. 3. Sreemati Hari Rani Basak......ed, and, as such, it stands discharged for non-prosecution. No cost. Lower Courts Records are sent down. Ed. This Case is also Reported in: 15 BLT (HCD) (2007) 506; 13 BLC (HCD) (2008) 1. ......ed, and, as such, it stands discharged for non-prosecution. No cost. Lower Courts Records are sent down. Ed. This Case is also Reported in: 15 BLT (HCD) (2007) 506; 13 BLC (HCD) (2008) 1. ..Category: Procedural Law | Date: | Hits: 108
....ubmitted that in spite of the order of stay passed by this Court in Civil Revision Case No.2584 of 1993 Court below did not proceed with the said execution Case. So his client was compelled to file a contempt petition before this Court and in Civil Rule No.242 (con) of 1993 this Court issued contemp......le at the instance of 3rd party petitioner is against order dated 18‑11‑93 passed by the Senior Assistant Judge, Mymensingh, sadar in SCC Execution Case No.2 of 1985 rejecting petitioner's prayer for staying further proceeding of the said Execution Case.
2. Opposite Party No.1 as plaintiff fi......scharged with costs and the order of stay stands vacated.
Let the LC Records be sent down immediately with a copy of the Judgment.
Ed.
This Case is also Reported in: 49 DLR (HCD) (1997) 318.
......scharged with costs and the order of stay stands vacated.
Let the LC Records be sent down immediately with a copy of the Judgment.
Ed.
This Case is also Reported in: 49 DLR (HCD) (1997) 318.
..
Category: Procedural Law | Date: | Hits: 135
Dilruba Aktar Vs. AHM Mohsin, 2003, 32 CLC (HCD)
....mount if not so paid shall be recoverable as arrears of land revenue. Lower Court's Record be sent down as immediately as possible. Ed. This Case is also Reported in: 55 DLR (HCD) (2003) 568.......al Uddin Mollah, Deputy Attorney-General with Mohammad Abdul Baset, Assistant Attorney-General—For the State. Criminal Appeal No.125 of 1991. Judgment AK Badrul Huq J.—Gateway to Justice for redressal of grievance by seekers of Justice now-a-days faces bottleneck impairing case of Jus......mount if not so paid shall be recoverable as arrears of land revenue. Lower Court's Record be sent down as immediately as possible. Ed. This Case is also Reported in: 55 DLR (HCD) (2003) 568.......LD 1959 SC 258 and Fateh Muhammad Vs. Bagoo and others 12 DLR (SC) 200. This seem to indicate that unless "it is possible to demonstrate with certainty that none of the grounds upon which the learned Judges have purported to acquit is at all supportable this court will be reluctant to interfere even..Category: Family Law | Date: | Hits: 165
M. M. Mahboob and others Vs. Sk. Abdur Rashid and others, 2004, 33 CLC (AD)
....ected themselves in making the Rule absolute. In the result, we find substance in the appeal and accordingly, the appeals are allowed. Ed. This Case is also Reported in: 20 BLT (AD) (2012) 266. ......h represented by the Secretary, Ministry of Establishment and three others. Both the appeals by leave have arisen from the judgment and order dated 13.7.2000 passed by the High Court Division in the aforesaid writ petition making the Rule absolute. Since both the appeals involve a common question of......ected themselves in making the Rule absolute. In the result, we find substance in the appeal and accordingly, the appeals are allowed. Ed. This Case is also Reported in: 20 BLT (AD) (2012) 266. ......tion of service of the persons in the service of the Republic and the same was exclusively adjudicable by the Administrative Tribunal. 14. For all these reasons we are of the view that the learned Judges of the High Court Division failed to apply their judicial mind and they have misdirected them..Category: Employment/Service Law | Date: | Hits: 149
Md. Aminul Haque Helal Vs. Mr. Justice Sultan Hossain Khan and others, 2006, 35 CLC (HCD)
....ove the petitioners case. In view of our discussions and findings made above, this rule is discharged without any order as to costs. Ed. This Case is also Reported in: 15 BLT (HCD) (2007) 1. ......d in this writ petition on the ground that the office of the chairman and commissioners are neither constitutional posts nor posts of oath but created as per provisions of the Durnity Daman Ain to perform function of the Sovereign Republic and that function is neither judicial nor quasi judicial but......ove the petitioners case. In view of our discussions and findings made above, this rule is discharged without any order as to costs. Ed. This Case is also Reported in: 15 BLT (HCD) (2007) 1. ...... in nature. 7. It has further been asserted that the ACC shall be an independent and natural commission. Under the provisions of section 7, a selection committee of five members constituted by two Judges of the Supreme Court, one from the Appellate Division and another from the High Court Divisio..Category: Constitutional Law | Date: | Hits: 228
Bangladesh Parjatan Corporation Vs. Md. Ali Hossain and another, 2012, 41 CLC (AD)
.... writ-respondent-appellants herein to reinstate him in his post with all his due back wages and benefit. The appeals are dismissed. No order as to cost. Ed. This Case is also Reported in: ...... 2. Facts giving rise to C.A. No.242 of 2009 are as follows: Respondent No.1, Md. Ali Hossain as writ-petitioner (hereinafter referred to as the petitioner) filed Writ Petition No.3109 of 2006 before the High Court Division impleading the appellants as respondent Nos.1-3 and the Government of t...... writ-respondent-appellants herein to reinstate him in his post with all his due back wages and benefit. The appeals are dismissed. No order as to cost. Ed. This Case is also Reported in: ......r (Standing Orders) Act, 1965, briefly, the Act, 1965 and as such, his writ petition was not maintainable and though the said point was specifically raised before the High Court Division, the learned Judges without deciding the same held that the writ petition was maintainable as the petitioner chal..Category: Employment/Service Law | Date: | Hits: 156
Government of Bangladesh and others Vs. Abdul Quader Mollah and another, 2011, 40 CLC (AD)
....ts to provide the petitioners Division-1 status under the Jail Code. There is no merit in this petition, which is accordingly dismissed. Ed. This Case is also Reported in: 20 BLT (AD) (2012) 240.......ructed by Mrs. Sufia Khatun, Advocate-on-Record- For the Petitioner. Abdur Razzaq, Senior Advocate, instructed by Syed Mahbubur Rahman, Advocate-on-record- For Respondent No. 1. Civil Petition for Leave to Appeal No.569 of 2011. Judgment Surendra Kumar Sinha J. - Government of Banglades......ts to provide the petitioners Division-1 status under the Jail Code. There is no merit in this petition, which is accordingly dismissed. Ed. This Case is also Reported in: 20 BLT (AD) (2012) 240.......life, and are superior to the ordinary prisoner are eligible to Division-1 status. This classification will be done by the trial Courts, District Magistrate, Chief Metropolitan Magistrates or Session Judges, as the case may be. Now the question is whether the respondents are entitled to such status ..Category: Criminal Law | Date: | Hits: 95
Md. Siraj alias Md. Sirajul Islam Vs. Ananda Furniture's, 2011, 40 CLC (AD)
....ot find substance in the submissions of the learned Advocate-on-record. Accordingly, the Petition for Leave to Appeal is dismissed. Ed. This Case is also Reported in: 20 BLT (AD) (2012) 167. ......ias Md. Sirajul Islam………………........Petitioner Vs. Ananda Furniture's……………..........................Respondents Judgment November 17, 2011. Result: The Petition for Leave to Appeal is dismissed. Lawyers Involved: Nurul Islam Bhuiyan, Advocate-on-Record- F......ot find substance in the submissions of the learned Advocate-on-record. Accordingly, the Petition for Leave to Appeal is dismissed. Ed. This Case is also Reported in: 20 BLT (AD) (2012) 167. ...... plaintiff a chance to retrace his steps at the earliest possible opportunity, so that, if permissible under law, he may file a properly constituted suit. 11. He further contended that the learned Judges failed to consider that the suit is barred by law and the present suit has come under the exp..Category: Procedural Law | Date: | Hits: 133
Fazlul Huq Haider @ Mollah Vs. State, 1982, 11 CLC (HCD)
.... the trial Court immediately. The trial Court is directed to proceed with the trial as early as possible. Mustafa Kamal J.- I agree. Ed. This Case is also Reported in: 35 DLR (HCD) (1983) 1. ......Deputy Commissioner Dacca to show cause why the order dated 1.8.79 passed by Mr. Asaduzzaman, Additional Sessions Judge, Dacca issuing summons upon the accused petitioner Fazlul Huq Haider @ Mollah for standing trial as an accused in Sessions Case No.95 of 1978 should not be set aside. 2. On 7....... the trial Court immediately. The trial Court is directed to proceed with the trial as early as possible. Mustafa Kamal J.- I agree. Ed. This Case is also Reported in: 35 DLR (HCD) (1983) 1. ......to note in this case that the Assistant Public Prosecutor and the learned Additional Sessions Judge do not know that unless a Magistrate sends an accused to the Court of Sessions for trial, the trial Judges in the Court of Sessions has no power kinder the Code of Criminal Procedure to issue proces..Category: Criminal Law | Date: | Hits: 92
Mahbuba Wahed Vs. Secretary Ministry of Home Affairs & others, 1989, 18 CLC (HCD)
....tendent, Dhaka Central Jail forthwith at the cost of the petitioner by Special Messenger for compliance with the order of this Court. Ed. This Case is also Reported in: 42 DLR (HCD) (1990) 153.......al Miscellaneous Case No. 100 of 1989. Judgment Latifur Rahman J. - In this Rule the petitioner has challenged the legality of the detention order of her husband M. A. Wahid and has prayed for his release. 2. In the petition it has been stated that the detenu was served with an order......tendent, Dhaka Central Jail forthwith at the cost of the petitioner by Special Messenger for compliance with the order of this Court. Ed. This Case is also Reported in: 42 DLR (HCD) (1990) 153.......tention order. If the detaining authority fails to do so, in spite of an opportunity having been afforded to it, a serious infirmity would creep into the detention order." 8. In the above decision Judges of the Supreme Court of India also took note of the case of Lakshman Khatik Vs. State of We..Category: Criminal Law | Date: | Hits: 109
Delwar Hossain (Md.) Vs. State, 2009, 38 CLC (HCD)
....istry of Homes Affairs and Inspector General of Police for future guideline with regard to the investigation. Ed. This Case is also Reported in: 16 BLC (HCD) (2011) 32; 30 BLD (HCD) (2010) 490. ......litan Special Tribunal No.10, Dhaka in Metropolitan Special Tribunal Case No.82 of 2002 convicting him under section 19A and 19(f) of the Arms Act, 1878 and sentencing to suffer rigorous imprisonment for 10 years and 7 years respectively and to run concurrently. 2. Prosecution Case, in short, is ......istry of Homes Affairs and Inspector General of Police for future guideline with regard to the investigation. Ed. This Case is also Reported in: 16 BLC (HCD) (2011) 32; 30 BLD (HCD) (2010) 490. ......ী সাব্যস্ত করাতে আইনতঃ কোন বাধা নাই।” and the case of Mahmudul Vs. State, reported in 53 DLR (AD) 21 where it has been held: "Judges are competent to take judicial notice of the fact about the present condition of law and orde..Category: Criminal Law | Date: | Hits: 128
Md. Nurul Islam Vs. Nur Ayesha Begum, 2007, 36 CLC (HCD)
....'s records at once along with a copy of this judgment to the Courts below for information and necessary action. Ed. This Case is also Reported in: 16 BLC (HCD) (2011) 10; 7 LG (HCD) (2010) 300. ......d not be set aside. 2. Plaintiff case, in short, is that the opposite party as plaintiff instituted Family Suit No.46 of 1992 in the Family Court and Assistant Judge, 1st Court, Patiya, Chittagong for maintenance and dower. Further case of the plaintiff is that defendant and plaintiff were legall......'s records at once along with a copy of this judgment to the Courts below for information and necessary action. Ed. This Case is also Reported in: 16 BLC (HCD) (2011) 10; 7 LG (HCD) (2010) 300. ......'s records at once along with a copy of this judgment to the Courts below for information and necessary action. Ed. This Case is also Reported in: 16 BLC (HCD) (2011) 10; 7 LG (HCD) (2010) 300. ..Category: Family Law | Date: | Hits: 202
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