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Md. Mozaffer Rahman and other Vs. Government of Bangladesh and another, 2010, 39 CLC (AD)
....n No.2 of the suit mouza; that the ex-landlord has given settlement of the suit land in favour of one Darkanath Dev and others but for arrears of rents ex-landlord has taken back the land in his khas possession from the aforesaid tenants. On 27.11.1951 B.S. the predecessor of the plaintiff namely Ka......ppeal No.61 of 1996 and those dated 23rd day of July, 1998 passed by the Assistant Judge, Joypurhat in Other Class Suit No. 23of 1997. 2. The facts involved in the case, in short, are that the land recorded in C.S. Khatian No.2 originally belonged to Penendu Narayan Roy Dev Barmon and his nam......is dismissed. This Case is also Reported in: 15 MLR (AD) (2010) 170. ......rated to India which the defendant Government totally failed to prove and the evidence on record does not support the contention by the defendant that the suit land had vested in the Government so no question of passing of title to the Government does arise at all, as title of the original owner had..Category: Property Law | Date: | Hits: 28
Sree Jibon Sharma Vs. Sreemoti Subasini Sharma and another, 2010, 39 CLC (AD)
.... the above, we find no substance in the submissions of the learned Counsel for the petitioner. Accordingly, the petition is dismissed. This Case is also Reported in: 15 MLR (AD) (2010) 167. ...... the above, we find no substance in the submissions of the learned Counsel for the petitioner. Accordingly, the petition is dismissed. This Case is also Reported in: 15 MLR (AD) (2010) 167. ......: Mohammad Fazlul Karim CJ Bijan Kumar Das J ABM Khairul Haque J Sree Jibon Sharma...............................................Petitioner Vs. Sreemoti Subasini Sharma and another ....................Respondents Judgment February 23, 2010 ......ce can be available to the wife so long she resides with the domain of the husband and up to certain period after the divorce. There is no provision for divorce in the Hindu marriage and as such, the question of past maintenance does not arise at all. The learned Advocate also submitted that the Cou..Category: Family Law | Date: | Hits: 182
Md. Azizur Rahman Chowdhury Vs. Tauhiduddin Chowdhury and others, 2009, 38 CLC (AD)
.... obstruction in the movement of the plaintiff-appellant. 3. The respondents No.1 and 2 filed a written objection against the application for mandatory injunction claiming that the plaintiff has no possession in the suit lands, that the respondents having faced with acute shortage of accommodation......e principles of doctrine of necessity and whether the High Court Division was correct in its view that no co-sharer should be restrained by an order of injunction from making construction on the suit lands in a partition suit. 2. Appellant instituted Title Suit No.1 of 1996 against the respondent......rted in: 15 MLR (AD) (2010) 160, 16 BLC (AD) (2011) 26, VIII ADC (2011) 915. ......0/-. The judgment of the High Court Division is set aside and restored those of the Courts below. This Case is also Reported in: 15 MLR (AD) (2010) 160, 16 BLC (AD) (2011) 26, VIII ADC (2011) 915. ..Category: Property Law | Date: | Hits: 84
.... and day out during the tenure of their office.
In view of our aforesaid discussions, the application is summarily rejected.
Ed.
This Case is also Reported in: 55 DLR (2003) 332.
......ce Shahabuddin Ahmed and others 1 BLC 483; Dr Mohiuddin Farooque Vs. Bangladesh and others 1997 BLD (AD) 1 = 49 DLR (AD) 1; Schmidt and another Vs. Secretary of State of Home Affairs, (1969) 1 All England Law Reports 904; Attorney-General of Hong Kong Vs. Ng Yuen Shiu, 1983 2 All England Law Reports...... of our aforesaid discussions, the application is summarily rejected.
Ed.
This Case is also Reported in: 55 DLR (2003) 332.
......96(2) for any allegation against the aforesaid judges. Therefore, the principle of "'De fide et officio judicis recipiture" is applicable, that is, the honesty and integrity of these judges cannot be questioned. Then it is asserted that as per Article 48(3) of the Constitution save only that of appo..
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. ......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. ......he 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. ......bjection of raised by sonic other Members of the said Chamber. The Appeal Board, after hearing the parties excluded the name of the petitioner and 5 others from the final voters list. 6. Now whole question before us to be decided, in view of the present admitted facts that the petitioner who is n..Category: Business or Commercial Law | Date: | Hits: 204
Korban Ali Khan (Md) and Others Vs. Asalat Khan and others, 2000, 29 CLC (HCD)
....aimed that the Case is barred by limitation, the pre-emptee further alleged that Md Musab Khan transferred the Case land on 4-2-88 to the pre-emptees to the knowledge of the pre-emptors and delivered possession of the Case land in favour of the pre-emptees and that the pre-emptees erected ‘dochala......11 of 1988 in the Court of the Assistant Judge, Keraniganj, Dhaka impleading the petitioners as pre-emptees and opposite party Nos. 3-14 as other opposite parties, praying for pre-emption of the Case land under section 24 of the Non-Agricultural Tenancy Act alleging, inter alia, that the Case land a...... Cases Referred To- Muslim Halder (Md) Vs. Hajrat Ali Halder and others 48 DLR 175; Abdul Khaleque Vs. Abdur Noor and others 49 DLR 74 & Mantu Faraji alias Jamal Faraji and others Vs. Mahiuddin Khan 50 DLR 147;Tamizunnessa Vs. Umar Ali 18 DLR 572. Lawyers Involved: Md. Serajul Islam ......in Miscellaneous Case No. 11 of 1988 passed by this Court at the time of issuance of the Rule stands vacated. Send down the LCR at once. Ed. This Case is also Reported in: 53 DLR (2001) 176. ..Category: Property Law | Date: | Hits: 31
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. ...... 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. ......hammad Ali Khan, Advocate—For the Petitioner. Md Khurshid Alam Khan, Advocate—For the Opposite Party. Civil Revision No. 2219 of 1997. Judgment AK Badrul Huq J.- Feeling aggrieved by a decision rendered by appellate Judge in a family Appeal where under maintaining d......e for and on behalf of defendant-petitioner that Family Appellate Court got no authority to enhance the amount of maintenance without any cross appeal or cross objection preferred by either side, the question which survives for determination in this Civil Revision petition is whether Family Appellat..Category: Family Law | Date: | Hits: 152
Mainul Hosein & others Vs. Sheikh Hasina Wazed, 2000, 29 CLC (HCD)
.... dispose of all the motions in the line with the desire of Mr. ATM Afzal, CJ as was ordered in the concluding paragraph of his opinion. Ed. This Case is also Reported in: 53 DLR (2001) 138. ......or their witnesses during litigation.’' KJ Aiyar in his treatise, “Law of Contempt of Courts”, 7th Edition has described contempt, “A contempt can assume any form, any act, any slander, any contemptuous utterance, or can be the subject-matter of any news, report or article, or ......ATM Afzal, CJ as was ordered in the concluding paragraph of his opinion. Ed. This Case is also Reported in: 53 DLR (2001) 138. ......the image, honour, dignity and prestige of the Courts of Bangladesh as a whole. In all the applications the alleged contemptuous statement of the Prime Minister has been shown as under in the form of question and answer: বিবিসিঃ এই যে আপনাদের সর..Category: Criminal Law | Date: | Hits: 49
Tarun Karmaker Vs. State and others, 2000, 29 CLC (HCD)
....ged. In the result, the Rule is discharged. Stay granted is hereby vacated. Communicate the order to the Court concerned. Ed. This Case is also Reported in: 53 DLR (2001) 135. ......ged. In the result, the Rule is discharged. Stay granted is hereby vacated. Communicate the order to the Court concerned. Ed. This Case is also Reported in: 53 DLR (2001) 135. ...... granted is hereby vacated. Communicate the order to the Court concerned. Ed. This Case is also Reported in: 53 DLR (2001) 135. ......ehalf of the petitioner, has submitted that the victim is a minor girl and, as such, the petitioner, father of the victim is entitled to get custody of the victim. He was asked to enlighten us on the question whether a person put into judicial custody by a competent Court can be set at liberty under..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. ......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. ...... This Case is also reported in: 53 DLR (2001) 131. ......pon the facts and circumstances of each Case and each Case must be judged upon its merits and its peculiar circumstances.” Their Lordships also found that: “The determination of the question as to whether there is or is not a “sufficient cause” in a particular Case is no doubt ..Category: Property Law | Date: | Hits: 29
Sirajul Islam (Md) and another Vs. Government of Bangladesh & others, 2000, 29 CLC (HCD)
....laims as well as other evidence on record, the petitioners will have enough scope to prove their ownership in respect of the seized goods and if they can succeed that the goods were seized from their possession only, in that Case they would get back the goods and, as such, we do not see any reason f......nd the Rule is liable to be discharged on that count also. In the result, this Rule is discharged without any order as to costs. Ed. This Case is also Reported in: 53 DLR (2001) 127. ...... In the result, this Rule is discharged without any order as to costs. Ed. This Case is also Reported in: 53 DLR (2001) 127. ......eport, seizure list as well as the final report came to the definite finding that the goods were seized from all the 6(six) persons and all of them are entitled to get back the goods which are purely questions of fact and this Court in exercising the jurisdiction of judicial review cannot interfere ..Category: Criminal Law | Date: | Hits: 101
Morshed (Md) @ Morshed @ Md. Morshed Alam Vs. State, 2000, 29 CLC (HCD)
....lias Morshed alias Md. Morshed Alam be enlarged on bail on furnishing bail bond to the satisfaction of the Deputy Commissioner, Natore. Ed. This Case is also Reported in: 53 DLR (2001) 123. ......lias Morshed alias Md. Morshed Alam be enlarged on bail on furnishing bail bond to the satisfaction of the Deputy Commissioner, Natore. Ed. This Case is also Reported in: 53 DLR (2001) 123. ...... on furnishing bail bond to the satisfaction of the Deputy Commissioner, Natore. Ed. This Case is also Reported in: 53 DLR (2001) 123. ......pplicable and such witness may make statement in writing or by using signs but in Case of a witness who is both deaf and dumb, there is no scope of giving any evidence as such witness cannot hear any question. So, there is little scope of giving replies to questions. 7. In the instant Case, h..Category: Criminal Law | Date: | Hits: 38
Bibhu Ranjan Das Vs. Hakim Ali and others, 2000, 29 CLC (HCD)
.... instituted the Title Suit No. 49/86 in the Court of the Assistant Judge, Muradnagar, impleading the opposite party Nos. 1-7 as the defendants. He filed the suit for a declaration of his title to and possession over the suit land. The defendant opposite party Nos. 1-7 contested the suit by filing a ......t No. 49/86 in the Court of the Assistant Judge, Muradnagar, impleading the opposite party Nos. 1-7 as the defendants. He filed the suit for a declaration of his title to and possession over the suit land. The defendant opposite party Nos. 1-7 contested the suit by filing a written stat the suit was...... order as to cost. Ed. This Case is also Reported in: 53 DLR (2001) 114. ......oner claimed that he was ill. The petitioner, in fact, made no such claim in his petition. Nor did he express his nobility, on the ground of his alleged illness, to conduct the hearing of the suit in question. All that was said in his applications for an adjournment was that the petitioner on the pr..Category: Civil Law | Date: | Hits: 80
Abdul Abedin Abdul Vs. State, 2000, 29 CLC (HCD)
....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. ......m and the United Kingdom cannot be termed to be a treaty State within the meaning of section 6 of the Extradition Act, but both are Commonwealth Countries and from page 105 of Halsbury’s Laws of England and Commonwealth Scheme as amended in 1990, which have been annexed to the counter affidavit as...... of the Extradition Act, 1974. In the result, the Rule is discharged. Ed. This Case is also Reported in: 53 DLR (2001) 109. ......plication has to be filed to the High Court Division for the purpose with notice to the State. But in the instant Case we find that the inquiry proceeding has been initiated only on 21-9-2000 and the question of committal would come only after the completion of the inquiry and, as such, we are const..Category: Criminal Law | Date: | Hits: 87
Hussain Mohammad Ershad Vs. State and others, 2000, 29 CLC (AD)
....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. ......holding of the said auction in the name of alleged ‘Kawran Bazar Byabsyee Bahumukhi Samabaya Samity’ of sixty members as the plaintiff. Some of these persons purchased separately a little area of lands within KCA during the period from 1985 to 1987 from either the persons, who were the owners at......mmercial Area including the building/structures thereon known as Janata Tower is maintained. Ed. This Case is also Reported in: 53 DLR (2001) 102. ......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
Yasin Mollah and another Vs. State, 2000, 29 CLC (HCD)
....spose of the appeal within 2 (two) months from the receipt of the case recorded by him. Send down the lower Court's records immediately. Ed. This Case is also Reported in: 53 DLR (2001) 99. ......months respectively while acquitting the remaining accused persons. 2. Short facts relevant for the purpose of the Case are that the accused persons dishonestly cut and took away from the Case land paddy grown by the complainant and thereby caused him a loss of Taka 10,000.00. 3. Upon ......ipt of the case recorded by him. Send down the lower Court's records immediately. Ed. This Case is also Reported in: 53 DLR (2001) 99. ......spose of the appeal within 2 (two) months from the receipt of the case recorded by him. Send down the lower Court's records immediately. Ed. This Case is also Reported in: 53 DLR (2001) 99. ..Category: Criminal Law | Date: | Hits: 60
Abul Hossain and others Vs. Bangladesh and others, 2000, 29 CLC (HCD)
....ian Loan sanction letter, rent receipts, tax receipts, electricity bills, etc. submitted by the petitioners in the annexures to the writ petition very well prove petitioners title and also continuous possession in the building in question. The learned Advocate has submitted that the petitioners buil......thority and is of no legal effect. The respondents are directed to delete the building in question from the list of abandoned buildings. Ed. This Case is also Reported in: 53 DLR (2001) 94. ...... to delete the building in question from the list of abandoned buildings. Ed. This Case is also Reported in: 53 DLR (2001) 94. ......ion of his building in the list of abandoned buildings. That on 24-01-93 only a man from Ministry of Works came to the house of the petitioner and informed him for the first time that his building in question had been included in the list of abandoned buildings published under section 5 of the Aband..Category: Property Law | Date: | Hits: 18
Ali Azam, Advocate Vs. Commissioner of Taxes, 1999, 28 CLC (HCD)
.... in favour of the assessee applicant. Accordingly, the reference is answered aforesaid and the parties will bear their own costs. Ed. This Case is also Reported in: 53 DLR (2001) 92. ......expenses the Assistant Commissioner of Taxes did not at all take into consideration the fact that the applicant lives in his own house with a single servant and enjoys paddy grown in his agricultural land and spends a small amount for daily necessaries of life. The learned Advocate also submits that......eference is answered aforesaid and the parties will bear their own costs. Ed. This Case is also Reported in: 53 DLR (2001) 92. ......nt Commissioner of Taxes by its order dated 28-11-91 and being aggrieved by the said order of the Income Tax Appellate Tribunal the assessee applicant preferred this reference to answer the following questions: (i) Whether the Assistant Commission of Taxes, Appellate Joint Commissioner of Tax..Category: Fiscal/Taxation Law | Date: | Hits: 67
Nafisa Choudhury Vs. United Food Complex Ltd. and another, 2000, 29 CLC (HCD)
....s pursuant to the letter dated 16-4-1998. With the aforesaid directions the application is allowed without any order as to costs. Ed. This Case is also Reported in: 53 DLR (2001) 81. ......Cases Referred To- M Moorthy Vs. Drivers and Conductors Bus Service P Ltd (1991) 71 Company Cases 136 (Mad); Faruk (Md) Vs. Abdul Hamid and others 51 DLR (AD) 48; HR Harmer Ltd (1958) 3 All England Reports 689. Lawyers Involved: Moudud Ahmed with Saqwat Seraj, Advocates—For t......he aforesaid directions the application is allowed without any order as to costs. Ed. This Case is also Reported in: 53 DLR (2001) 81. ......S not to execute any document with Mr Manzur Ahmed Chowdhury. The company by its letter dated 26-4-98 accepted the second option of paying dues in 14 equal half-yearly installments. 9. Now the questions which require consideration by this Court as to whether the activities of the majority sha..Category: Business or Commercial Law | Date: | Hits: 198
Safiqueuddin Ahmed (Md) and another Vs. House Building Finance Corporation, 2000, 29 CLC (HCD)
....ated 7-2-1989 passed by the learned District Judge in Miscellaneous Case No. 36 of 1984 is hereby affirmed without any order as to cost. Ed. This Case is also Reported in: 53 DLR (2001) 80. ......ated 7-2-1989 passed by the learned District Judge in Miscellaneous Case No. 36 of 1984 is hereby affirmed without any order as to cost. Ed. This Case is also Reported in: 53 DLR (2001) 80. ......rder as to cost. Ed. This Case is also Reported in: 53 DLR (2001) 80. ...... Alam, Advocate — For the Opposite Party. Civil Revision No.8745 of 1991(Dhaka) Civil Revision No.195 of 1989(Rangpur) Judgment Md. Joynul Abedin J.- This Rule calls in question the order dated 7.2.1989 passed by the learned District Judge, Dinajpur in Miscellaneous Ca..Category: Procedural Law | Date: | Hits: 78
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