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Star Medical Store Vs. Subordinate Judge, Artha Rin Adalat and other, 2001, 30 CLC (HCD)
....ears by this time. For the reasons and discussions made above, this writ petition does not merit and accordingly it is rejected summarily. Ed. This Case is also Reported in: 53 DLR (2001) 254....... Company Ltd Vs. Irving (Appeal Cases 1905), page-369. In that case their Lordships of the highest Court of the world then held as follows: “Although the right of appeal from Supreme Court Queensland to His Majesty in Council given by the order in council of June 30, 1860 has been taken away by......e above, this writ petition does not merit and accordingly it is rejected summarily. Ed. This Case is also Reported in: 53 DLR (2001) 254.......re pending before incorporation of the said amendment to the said Act, should have been transferred to the Rin Adalat in terms of that amendment and the date of filing of the suit or suits is not the question or criteria as invited by section 9 of the said Act. Section 6 of the General Clauses Act a..Category: Civil Law | Date: | Hits: 93
Fazlur Rahman & 38 others Vs. Government of Bangladesh and others, 1999, 28 CLC (HCD)
....e Rules are discharged without any order as to costs. The order of stay granted by this court earlier the above Rules, are hereby vacated. Ed. This Case is also Reported in: 53 DLR (2001) 237.......ges/divorces for or on behalf of the Government in the specified area of their jurisdiction. Although they were issued licenses their position are no a better than those of the licensee in respect of land or building and licence thus issued confer on a person the right to do something which otherwis......The order of stay granted by this court earlier the above Rules, are hereby vacated. Ed. This Case is also Reported in: 53 DLR (2001) 237.......45, 3326, 3622 of 1998 and Writ Petition No. 4946 of 1997. Judgment Md. Fazlul Karim J. - These Rules are taken up for hearing together and disposed of by the Single Judgment as the common question of law and facts are involved. 2. The petitioner in Writ Petition No.2419 of 1998 has im..Category: Constitutional Law | Date: | Hits: 109
Abdul Hamid Chowdhury and others Vs. Commissioner of Taxes, 2000, 29 CLC (HCD)
.... Accordingly, we answer both the questions in the negative and in favour of the assessee applicant, however, without any order as to cost. Ed. This Case is also Reported in: 53 DLR (2001) 234....... Accordingly, we answer both the questions in the negative and in favour of the assessee applicant, however, without any order as to cost. Ed. This Case is also Reported in: 53 DLR (2001) 234.......tive and in favour of the assessee applicant, however, without any order as to cost. Ed. This Case is also Reported in: 53 DLR (2001) 234.......aziur Quadir—For the Applicants. Dabiruddin Ahmed, Deputy Attorney General—For the Respondent. Reference Application Nos. 31 and 32 of 1998. Judgment Syed Amirul Islam J. - As common question of facts and law are involved in these two reference applications and the parties being sam..Category: Fiscal/Taxation Law | Date: | Hits: 64
Golam Mostafa Vs. Begum Rokeya Khandaker & others, 2001, 30 CLC (HCD)
....f fact also considered evidences and other materials on record and came in full agreement with the decision rendered by learned trial Judge. Ed. This Case is also Reported in: 53 DLR (2001) 232....... Miscellaneous Case No. 6 of 1986 in the Fourth Court of Munsif (now Assistant Judge Narayanganj under section 96 of the State Acquisition and Tenancy Act for an order of pre. emption with respect to land described in schedule to Miscellaneous Case. The said Miscellaneous Case was renumbered as Misc...... Golam Mostafa……………… Petitioner Vs. Begum Rokeya Khandaker & others…………Opposite Parties Judgment January 8, 2001. Lawyers Involved: Syed Md. Dastagir Hussain, Advocate—For the Petitioner Taimur Alam Khandker Advocate—For the Opposite Party No. 1. ......—For the Opposite Party No. 1. Civil Revision No. 3029 of 1993. Judgment AK Badrul Huq J. - The propriety and legality of concurrent decisions recorded by Courts below have been called in question by pre-emptee petitioner in invoking this Court’s Civil Revisional Jurisdiction on laying..Category: Property Law | Date: | Hits: 23
Mojibul Haque (Md) Vs. Ataur Rahman and others, 2000, 29 CLC (HCD)
....ttee functioned up to 30-7-1997 and during that period by abusing their position they acted in a manner prejudicial to the interest of the affairs of the samity. Admittedly, the plaintiffs are not in possession of the office premises so they are not entitled to any order of temporary injunction. It ...... of the suit independently. The Rule is accordingly discharged without any order as to costs. The stay order granted by this Court stands. Ed. This Case is also Reported in: 53 DLR (2001) 229....... AF Hassan Arif Advocate—For the Petitioner. Syed Ziaul Karim, Advocate—For the Opposite Parties. Civil Revision No. 274 of 2000. Judgment Md. Awlad Ali J.- This Rule arose out of interlocutory injunction order and is directed against the Judgment and order dated 25-10-1999 passe......nal District Judge committed error of law in deciding the maintainability of the suit. He has argued that in an injunction preceeding the learned Additional District Judge should not have decided the question of maintainability of the suit. His further contention is that under section 16(1) (3) of t..Category: Administrative Law | Date: | Hits: 146
Mariam Begum Vs. State & another, 2000, 29 CLC (HCD)
....of Criminal Procedure by the learned Sessions Judge. In the result, the Rule is discharged. The stay granted earlier is hereby vacated. Ed. This Case is also Reported in: 53 DLR (2001) 226.......of Criminal Procedure by the learned Sessions Judge. In the result, the Rule is discharged. The stay granted earlier is hereby vacated. Ed. This Case is also Reported in: 53 DLR (2001) 226.......udge. In the result, the Rule is discharged. The stay granted earlier is hereby vacated. Ed. This Case is also Reported in: 53 DLR (2001) 226.......dure against the aforesaid impugned judgment and order dated 5-8-99 passed by the learned Sessions Judge and obtained the present Rule. 4. At the very outset of the hearing of the Rule, we put the question of maintainability of the present revisional application filed under section 439 of the Cod..Category: Criminal Law | Date: | Hits: 40
.... defendant No. 4 against an order dated 29-11-2000 passed by Assistant Judge, 4th Court at Dhaka in Title Suit No. 321 of 2000 by which defendant Nos. 1 to 3 Waqf Authorities were directed to restore possession to the plaintiff an ad interim mandatory injunction.
2. The other Rule in Civil Revisi......00 the petitioner in the later Rule as plaintiff instituted the suit against the Waqf Authorities, defendant Nos.1 to 3 for a decree for mandatory injunction for restoration of possession of the suit land measuring 1.00 acre comprising of 92 satak out of 4.62 acre of plot No. 711, 04 satak out of 92......aya Samity Dokandar & others……………………..Opposite Parties
Judgment
April 12, 2001.
Cases Referred To-
Nandan Pictures Ltd Vs. Art Pictures Ltd, AIR 1956 Calcutta 428; Ministry of Communication Vs. Md Ferozur Rahman, 45 DLR 762; Abul Hayat Vs. MA Reja, 47 DLR 170; Renu...... have been joined, whether as plaintiff or defendant, or whose presence before the Court may be necessary in order to enable the Court effectually and completely to adjudicate upon and settle all the questions involved in the suit. be added” (underlined by me). It is true that the plaintiff is a ..
Category: Civil Law | Date: | Hits: 84
Labu Mia Vs. State, 2001, 30 CLC (HCD)
.... stating, inter alia, that on 20-10-2000 at about 12 noon the accused formed themselves into unlawful assembly and assaulted the informant and other witnesses and also took away Taka 1200.00 from the possession of Shahabuddin. On the basis of the said First Information Report Nilphamari PS Case No. ...... Court as to the action taken against the delinquent Police Officer by his superior authority. Send down the lower Court Records at once. Ed. This Case is also Reported in: 53 DLR (2001) 218. ......nt Police Officer by his superior authority. Send down the lower Court Records at once. Ed. This Case is also Reported in: 53 DLR (2001) 218. ...... Court as to the action taken against the delinquent Police Officer by his superior authority. Send down the lower Court Records at once. Ed. This Case is also Reported in: 53 DLR (2001) 218. ..Category: Criminal Law | Date: | Hits: 101
Dr Wakil Ahmed and ors. Vs. Sufia Khatun and ors., 2000, 29 CLC (HCD)
....of the papers from the Court. Accordingly, this Rule is discharged with the observation as above. There shall be no order as to cost. Ed. This Case is also Reported in: 53 DLR (2001) 214.......of the papers from the Court. Accordingly, this Rule is discharged with the observation as above. There shall be no order as to cost. Ed. This Case is also Reported in: 53 DLR (2001) 214....... There shall be no order as to cost. Ed. This Case is also Reported in: 53 DLR (2001) 214.......t for opinion after comparing the LTI of the plaintiff appellant on the disputed sale deed. 4. By the impugned order the appellate Court allowed the prayer and ordered for sending the documents in question for comparing the LTI thereon to be compared with the admitted LTI of the plaintiff appella..Category: Procedural Law | Date: | Hits: 90
Titas Gas (T & D) Co. Ltd. Vs. Commissioner of Taxes, 2000, 29 CLC (HCD)
....the affirmative and against the assessee applicant and we refrain from answering the other questions. There will be no order as to cost. Ed. This Case is also Reported in: 53 DLR (2001) 209. ......the affirmative and against the assessee applicant and we refrain from answering the other questions. There will be no order as to cost. Ed. This Case is also Reported in: 53 DLR (2001) 209. ...... refrain from answering the other questions. There will be no order as to cost. Ed. This Case is also Reported in: 53 DLR (2001) 209. ......—For the Applicant. Md. Abdur Rahim Bhuiyan, Assistant Attorney General—For the Respondent. Application Nos. 43, 44. 46, 47 and 48 of 1994. Judgment Syed Amirul Islam J. - As common question of law and facts are involved in these reference applications and the parties being same th..Category: Fiscal/Taxation Law | Date: | Hits: 82
Bangladesh Water Development Board Vs. Contractor, Manu Barrage, 2000, 29 CLC (HCD)
....ll realisation. The parties are directed to bear their own respective costs. Send down the record of the case without any further delay. Ed. This Case is also Reported in: 53 DLR (2001) 200. ......ll realisation. The parties are directed to bear their own respective costs. Send down the record of the case without any further delay. Ed. This Case is also Reported in: 53 DLR (2001) 200. ......he Appellant. Md. Moksudur Rahman with Fazlul Haque, Advocates—For the Respondent. First Appeal No. 180 of 2000. Judgment Md. Abdur Rashid J.- This appeal presented by the defendants against the judgment and decree dated 21-11-1999 passed by the Subordinate Judge, 3rd Court, Dhaka in M......e any valid claim on this account either. 10. On the increase of the work, it was stated by the defendant that as per terms of the contract as there was no increase of work by 15%, there cannot be question for adjustment. The institution of the suit, accordingly, by the defendant is nothing but a..Category: Civil Law | Date: | Hits: 132
Motaleb Hossain (Md) Vs. State and another, 2000, 29 CLC (HCD)
.... Magistrate ‘Ka’ Zone, Sirajganj is quashed. The accused petitioner is discharged from his bail bonds. Communicate the order at once. Ed. This Case is also Reported in: 53 DLR (2001) 198. ...... Magistrate ‘Ka’ Zone, Sirajganj is quashed. The accused petitioner is discharged from his bail bonds. Communicate the order at once. Ed. This Case is also Reported in: 53 DLR (2001) 198. ....... The accused petitioner is discharged from his bail bonds. Communicate the order at once. Ed. This Case is also Reported in: 53 DLR (2001) 198. ......sidered a civil liability only we are also of the view that the petition of complaint itself does not disclose any offence under sections 406 and 420 of the Penal Code and, as such, the proceeding in question is liable to be quashed. 8. In the result the Rule is made absolute. The proceeding of C..Category: Criminal Law | Date: | Hits: 42
Abdul Wahab Biswas Vs. Abdul Matin Miah & others, 1999, 28 CLC (HCD)
..... The learned District Judge should be careful henceforth in passing orders so that it may not be repeated. Communicate the order at once. Ed. This Case is also Reported in: 53 DLR (2001) 196.......etitioner and pro forma opposite party Nos.6-13 being plaintiffs instituted Title Suit No.7 of 1997 in the Court of the Subordinate Judge, Second, Court, Faridpur for declaration of title in the suit land.3. Defendant opposite party Nos.1-5 have been contesting the suit by filing written statement d......orted in: 53 DLR (2001) 196........ The learned District Judge should be careful henceforth in passing orders so that it may not be repeated. Communicate the order at once. Ed. This Case is also Reported in: 53 DLR (2001) 196...Category: Procedural Law | Date: | Hits: 81
Abdul Kader @ Kada and others Vs. State, 2010, 39 CLC (AD)
....e above, we find no substance in the submissions of the learned Counsel for the petitioners. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: VII ADC (2010) 531. ......wing the appeal. 2. The facts involved in the case, in short, are that Abdus Samad Mondal, a neighbour of the deceased Mohammad Ali erected a tinshed hut for running a 'moktab' on 18 decimals of land of Plot No. 430 closed to the house of the informant (P.W.1) Md. Abdur Rahim, brother of deceas......sions of the learned Counsel for the petitioners. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: VII ADC (2010) 531. ......e above, we find no substance in the submissions of the learned Counsel for the petitioners. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: VII ADC (2010) 531. ..Category: Criminal Law | Date: | Hits: 57
Fazar Ali Vs. Mizanur Rahman and another, 2010, 39 CLC (AD)
....uestion the High Court Division committed an error in believing the agreement for sale as genuine one. He further submitted that in view of the admitted fact that the agreement was all along in the possession of the plaintiff, the High Court Division committed error of law in not holding that th......The respondent instituted Title Suit No. 32 of 1992, in the Court of the learned Additional Assistant Judge, 1st Court, Sadar, Gazipur, for specific performance of contract. His case is that the suit land belonged to the defendant, who purchased the said land by a kabala deed dated 29th September, 1......petition is accordingly dismissed. Ed. This Case is also Reported in: VII ADC (2010) 518.......nior Counsel for the petitioner submitted that in view of the clear and specific case of the defendant that the agreement for sale was forged and that the defendant did not execute the agreement in question the High Court Division committed an error in believing the agreement for sale as genuine o..Category: Property Law | Date: | Hits: 23
Most. Selina Banu Bewa and others Vs. Most. Jamila khatun and another, 2009, 38 CLC (AD)
....oper consideration of the materials on record arrived at a correct decision and accordingly no interference call for. The petition is dismissed. This Case is also Reported in: VII ADC (2010) 516.......ove suit seeking cancellation of partition Deed No.77 and also the Deed of Gift No.772 both dated 6.1.1985 registered at the Bogra District Registry on the averments that she is the owner of the suit land by purchase and that the defendant No.1, the predecessors of the present petitioners and the re...... The petition is dismissed. This Case is also Reported in: VII ADC (2010) 516.......ntiff filed the present suit for cancellation of the deeds on the ground of forgery and although the defendants adduced some witnesses in order to prove the execution and registration of the deeds in question both the Courts below found that the plaintiff was a paradanshin woman and the defendants c..Category: Property Law | Date: | Hits: 26
Hazi Sanjob Ali Vs. Hurmuj Ali and others, 2010, 39 CLC (AD)
.... the plaintiffs' case were that the suit land along with other lands originally belonged to Rash Behari Nandi Chowdhury and his other co-shares in their maliki right and while they were in peaceful possession of the same they settled the suit land and other lands to Shahar Ullah and four others ......ter on renumbered as Title Suit No.441 of 1985) in the Court of the learned Subordinate Judge, 1st Court, Sylhet praying for a decree for declaration that he had right, title and interest in the suit land. 3. The facts of the plaintiffs' case were that the suit land along with other lands origi......tion which is accordingly dismissed. Ed. This Case is also Reported in: VII ADC (2010) 513....... the judgment of the trial court that correctly dismissed the suit. We find no substance in this petition which is accordingly dismissed. Ed. This Case is also Reported in: VII ADC (2010) 513...Category: Property Law | Date: | Hits: 28
Abdun Noor Vs. Abdul Kabir and others, 2010, 39 CLC (AD)
....ving Ashob Ali as son and Hazera Bibi as daughter who then sold the suit land measuring .15 decimals of land to the plaintiff by registered deeds dated 19.03.1980 and 21.03.1980 and inducted him into possession of the suit land. But the S.A. Khatian in respect of the suit land, inadvertently, was no...... 1995 affirming those dated 02.08.1995 of the Senior Assistant Judge, Sadar, Sylhet in Title Suit No. 373 of 1988 decreeing the suit. 2. The facts involved in the case, in short, are that the suit land originally belonged to one Jahur Ali who died leaving Mobaswar Ali and Tobarak Ali as sons. The......ed to add additional grounds. Ed. This Case is also Reported in: VII ADC (2010) 510....... one month. The preparation of paper books is dispensed with as prayed for. The petitioner is permitted to add additional grounds. Ed. This Case is also Reported in: VII ADC (2010) 510...Category: Property Law | Date: | Hits: 45
Most. Sajeya Begum and others Vs. Md. Shahidul and others, 2010, 39 CLC (AD)
.... in short, are that the suit property belonged to Bidya Nath Kunda and the said property was put to auction for arrear of rent in Certificate Case No.7(S) 60-61 on 25th July, 1962 and thereafter took possession through Court on 10th March, 1965 and the auction purchaser plaintiff and defendant No.......red his interest in favour of the plaintiff and the plaintiff has been in exclusive possession of the property by cultivation. The plaintiff who is a simple village folk was in expectation that the land will be recorded in his name the plaintiff-respondent for the first time in 1378 B.S. equival...... stayed till disposal of the appeal. Ed. This Case is also Reported in: VII ADC (2010) 505.......udgment an order dated 25.10.2008 passed by the High Court Division in Civil Revision No.6169 of 1991 is stayed till disposal of the appeal. Ed. This Case is also Reported in: VII ADC (2010) 505...Category: Property Law | Date: | Hits: 23
Gonesh Ghosh Vs. Babu @ Sabir Ahmed and others, 2010, 39 CLC (AD)
....that the plaintiffs have no cause of action in filing the suit and they have also no locus standi to file the suit and that the suit is also not maintainable as the plaintiffs have no ownership and possession in the suit land. The defendants further contended that Bonobihari Ghosh was the origin......hedule 'Ka' to the plaint. Bonobihari left behind five sons, namely, Rashik Lal Ghosh, Keshob Lal Ghosh, Jadu Lal Ghosh, Madhusudhan Ghosh and Sadhu Lal Ghosh and thus, they owned the 'Ka' schedule land by inheritance and had been possessing the same in ejmali. They lived in the undivided joined f......ly, the petition is dismissed. Ed. This Case is also Reported in: VII ADC (2010) 501.......the above, we find no substance in the submissions of the learned Counsel for the petitioners. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: VII ADC (2010) 501...Category: Property Law | Date: | Hits: 29
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