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....rit petitioners.
With the aforesaid observations the leave petition Nos. 90-93 of 2010 are disposed of without any order as to costs.
Ed.
This Case is also Reported in: VII ADC (2010) 843.
......rit petitioners.
With the aforesaid observations the leave petition Nos. 90-93 of 2010 are disposed of without any order as to costs.
Ed.
This Case is also Reported in: VII ADC (2010) 843.
......have perused the leave petitions and heard the learned Advocate for the leave petitioner as well as the learned advocate appeared for the respondent having filed caveat.
6. On consideration of the facts and circumstances of the case, it appears that the writ-petitioners had no cause of action t..
Category: Employment/Service Law | Date: | Hits: 86
Md. Abdul Motalib Vs. Bangladesh, 2010, 39 CLC (AD)
....he learned Advocate-on-Record for the petitioner. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: VII ADC (2010) 841; 16 MLR (AD) 2011, 30; 64 DLR (AD) (2012) 87. ......rary Nikah Registrar is not entitled to resort to any provision of Muslim Marriage and Divorces Rules, 1975 and the cancellation of such temporary licence does not attract any stigma and as such, the question of violation of principles of natural justice is not applicable. In view of the above, w......ition for Leave to Appeal is directed against the judgment and order dated the 28th day of May, 2009 passed by the High Court Division in Writ Petition No.4716 of 2005 discharging the Rule. 2. The facts involved in the case, in short, are that the petitioner was appointed as Nikah Registrar for M..Category: Civil Law | Date: | Hits: 111
Sayed and others Vs. State, 2009, 38 CLC (AD)
....ove, we find no substance in the submissions of the learned Advocate for the petitioners. Accordingly, the petitions are dismissed. Ed. This Case is also Reported in: VII ADC (2010) 830. ......ove, we find no substance in the submissions of the learned Advocate for the petitioners. Accordingly, the petitions are dismissed. Ed. This Case is also Reported in: VII ADC (2010) 830. ......whom the trial Court has heavily relied in convicting the appellants; that the deposition of these witnesses in Court is an embellishment and concoction as these witnesses did not state these vital facts at the time of investigation. The learned Counsel also submitted that there was no injury on t..Category: Criminal Law | Date: | Hits: 26
....he above, we find no substance in the submissions of the learned Counsel for the petitioner.
Accordingly, the petition is dismissed.
Ed.
This Case is also Reported in: VII ADC (2010) 826.
......ion acted as a Court of Appeal while reviewing the impugned judgment of the Court of Settlement and found the two documents marked as Annexure-D and Annexure-E were forged and created inasmuch as the question of the forgery of documents is a question of facts which were never raised before the Tribu......
Mohammad Fazlul Karim J.- This appeal, by leave, is directed against the judgment and order 08.08.1996 passed by High Court Division in Writ Petition No.80 of 1988 discharging the Rule.
2. The facts of the case, in short, are that on 13.08.1960 the erstwhile Government of East Pakistan allott..
Category: Property Law | Date: | Hits: 41
....s of the case and the terms of the decree we do not find any merit in this leave petition.
Accordingly the leave petition is dismissed.
Ed.
This Case is also Reported in: VII ADC (2010) 819.......s of the case and the terms of the decree we do not find any merit in this leave petition.
Accordingly the leave petition is dismissed.
Ed.
This Case is also Reported in: VII ADC (2010) 819.......n that date an order also was passed staying all further proceedings of Money Execution Case No. 3 of 1999.
3. The learned Judges of the High Court Division noticed "From the above stated admitted facts it is evident that both the sets of Writ Petitioners have got one decree for money each agains..
Category: Civil Law | Date: | Hits: 75
Ismail Miah Vs. Bangladesh and others, 2009, 38 CLC (AD)
.... the above, we find no substance in the submissions of the learned Counsel for the petitioner. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: VII ADC (2010) 811.......ion and Requisition of Immovable Property Ordinance, 1982 (Ordinance No.II of 1982). 5. Mr. A. K. Badrul Huq, learned Counsel, appearing for the petitioners submitted that the writ petition raises question of fact but the writ petition clearly spelt out that the respondents who are the assessing ...... is directed against the judgment and order dated the 11th day of February, 2008 passed by the High Court Division in Writ Petition No. 2004 of 2008 summarily rejecting the writ petition. 2. The facts involved in the facts, in short, are that the lands described in the 11 (eleven) award notices..Category: Property Law | Date: | Hits: 25
Rahmatullah (Md.) and others Vs. Sabana Islam and others, 2002, 31 CLC (HCD)
....med, Order of status quo as was directed at the time of issue of the Rule is hereby recalled and vacated. Send down the records at once. Ed. This Case is also Reported in: 54 DLR (2002) 519. ......he Court may consider that preference. ******* ****** ***** (5) The Court shall not appoint or declare any person a guardian against his will.” (emphasis supplied) 12. Of the matters, the question of welfare of the minor, which is central to all other considerations must guide the Court ......aneous Appeal No. 287 of 1993 affirming those of the Assistant Judge, Court No.2 at Dhaka dated 25-7-93 in Act VIII Case No. 100 of 1989 in appointing the mother as guardian of the minor. 2. Short facts for disposal of the Rule are that, opposite party No.1 made an application before aforesaid As..Category: Family Law | Date: | Hits: 179
Abul Kalam Engineer and another Vs. M Nasiruddin Howlader and others, 2002, 31 CLC (HCD)
....rged. Order of stay is recalled and vacated. Learned Joint District Judge is directed to take steps for disposal of the Suit. Communicate. Ed. This Case is also Reported in: 54 DLR (2002) 515.......fended the order. 4. The issue facing is whether the learned Joint District Judge is justified in granting temporary injunction in law as well as on facts 5. In our jurisdiction, it appears the question of injunction against construction in urban areas for the first time was considered in Ali ......nd. 3. Mr. Abdul Wadud Bhuiyan, learned Senior Counsel, read the plaint, application for temporary injunction and objection thereto and assailed the order of injunction on various grounds, both on facts as well as law. He also cited number of decisions on the principles governing grant of tempora..Category: Property Law | Date: | Hits: 33
Madinullah Miah Vs. Md. Abdul Mannan & another, 2001, 30 CLC (HCD)
....reby set aside. The Miscellaneous Case No. 4 of 1997 of the Assistant Court, Hatia, Noakhali is dismissed. There will be no order as to cost. Ed. This Case is also Reported in: 54 DLR (2002) 507........ 59 of 2000, before the learned District lodge, Noakhali, challenging the judgment and order dated 30-6-1999, passed by the learned Assistant Judge, Hatia in Miscellaneous Case No. 4 of 1997. On the question of defect of parties, the learned Subordinate Judge reversed the finding of fact arrived at......ese powers are not one alternative to the other. Nor is the appellate Court at liberty to choose a particular form of power to suit its mood at a particular point of time or in a particular case. The facts and circumstances of a case will dictate to it the particular form of the power and the functi..Category: Property Law | Date: | Hits: 37
....2000 is hereby recalled and vacated. Learned Subordinate Judge is directed to proceed with the suit in accordance with law.
Communicate.
Ed.
This Case is also Reported in: 55 DLR (2003) 166.
......he submitted earlier however on further elaboration on the basis of some authorities.
11. We have perused the plaint along with the application for amendment and the affidavits of the parties. The question before us is whether the exercise of jurisdiction by the learned Subordinate Judge in rejec......s admitted the execution of joint declaration dated 1‑8‑91, but his position regarding the contract was sought to be further clarified that the declaration was obtained by concealment of material facts and undue influence, which necessitated to seek for further relief for declaring the joint dec..
Category: Procedural Law | Date: | Hits: 60
Aumullaya Chandra Haldar Vs. Md. Mohsin Ali Mandal & others, 2002, 31 CLC (HCD)
...., as such, it should be maintained. In the result the Rule is discharged without any order as to cost. Communicate the order at once. Ed. This Case is also Reported in: 54 DLR (2002) 500. ......der preemption together with compensation thereof is necessary to be deposited at the time of submitting application for preemption. Since the petitioner has complied with this legal requirement, the question of inadequate deposit does not arise. 8. On this question Mr. Md. Israfil Hossain the le......t Judges, Serajganj in Miscellaneous Appeal No. 37 of 1997 upholding those of the Senior Assistant Judge, Ullapara, Serajganj, in the above stated preemption case passed on 10-7-1997. 2. Essential facts for disposal of this Rule are that the petitioner or Aumullaya Chandra Haldar filed the afores..Category: Procedural Law | Date: | Hits: 75
Syed Ahmed Chowdhury Vs. Abdur Rashid Mridha, 2002, 31 CLC (HCD)
.... interference. In view of the discussion made above we find that this Rule merits no consideration. The Rule is, therefore, discharged. Ed. This Case is also Reported in: 54 DLR (2002) 498. ...... perused the materials on record. On perusal of the first information report it is not clear as to what role, if any, has been played by the accused opposite party Nos. 1-4 in obtaining the decree in question. Similarly, in the charge sheet also there is no such material disclosed against the accuse...... interference. In view of the discussion made above we find that this Rule merits no consideration. The Rule is, therefore, discharged. Ed. This Case is also Reported in: 54 DLR (2002) 498. ..Category: Criminal Law | Date: | Hits: 29
Auto Equipment Ltd. Vs. Commissioner of Taxes, 2001, 30 CLC (HCD)
.... and adopted GP rate at 23%. 9 Therefore the question is answered in the negative and in favour of the assessee. No order as to costs. Ed. This Case is also Reported in: 54 DLR (2002) 496....... Appellate Tribunal and by the impugned order the Taxes Appellate Tribunal maintained the order of the Commissioner of Taxes (Appeals). 3. The applicant in the above facts formulated the following question of law: “a) Whether in the facts and circumstances of the case, the learned Taxes Appe......e Auto Equipment Limited has been made against the order dated 4-7-1999 made by the Taxes Appellate Tribunal, Division Bench 2, Dhaka. This reference is relating to assessment year 1993-94. 2. The facts, in brief, are that the assessee-applicant is a company incorporated under Companies Act, 1913..Category: Fiscal/Taxation Law | Date: | Hits: 69
.... the Rule. Accordingly, the Rule is discharged and the order of stay granted at the time of issuance of the Rule is hereby vacated. No costs.
Ed.
This Case is also Reported in: 54 DLR (2002) 494.......le as the writ petitioner could avail alternative remedy by way of filing an appeal against the direction given by the learned Subordinate Judge in his judgment and decree. He also submitted that the question of violation of natural justice did not arise as the writ petitioner was examined as PW 2 a...... the Rule. Accordingly, the Rule is discharged and the order of stay granted at the time of issuance of the Rule is hereby vacated. No costs.
Ed.
This Case is also Reported in: 54 DLR (2002) 494...
Category: Civil Law | Date: | Hits: 76
Saidur Rahman Vs. State, 2001, 30 CLC (HCD)
....26 of 1957) is thus set aside and the appellant be released from the bail bond. Send down the lower Court Record to the court concerned. Ed. This Case is also Reported in: 54 DLR (2002) 489. ......he office of Prime Minister. These are all about the evidence against the appellant adduced by the prosecution in order to prove the charge brought under section 4(1) of Act 26 of 1957. 9. Now the question as raised by the learned Advocate for the appellant is whether, for failure to furnish part......26 of 1957) is thus set aside and the appellant be released from the bail bond. Send down the lower Court Record to the court concerned. Ed. This Case is also Reported in: 54 DLR (2002) 489. ..Category: Criminal Law | Date: | Hits: 83
MA Kabir Chowdhury and others Vs. M Mahbubur Rahman Miah & others, 2002, 31 CLC (HCD)
....he executing Court is directed to proceed with the proceeding of Other Execution Case No. 3 of 1997 in accordance with law. Communicate. Ed. This Case is also Reported in: 54 DLR (2002) 485. ......r the passing of the decree, the court can entertain an application under section 151, of the Code of Civil Procedure in appropriate case where fraud was practiced upon the Court and in such case the question of becoming functus officio after pronouncement of judgment and signing a decree does not a......l submits that in the revision application neither orders dated 29-8-2001 and 9-9-2001 rejecting the repeated prayers for stay or injunction were neither mentioned nor full and fair disclosure of the facts and circumstances leading the revision application made. By misleading as to the record and al..Category: Civil Law | Date: | Hits: 125
Mst. Nurjahan Begum Vs. Administrator of Waqfs and others, 2010, 39 CLC (AD)
....ain to Nurjahan Begum, the predecessor of the petitioner. Therefore we find no substance in this petition which is accordingly dismissed. This Case is also Reported in: 15 MLR (AD) (2010) 518. ......ain to Nurjahan Begum, the predecessor of the petitioner. Therefore we find no substance in this petition which is accordingly dismissed. This Case is also Reported in: 15 MLR (AD) (2010) 518. ......h in Office Diary No.5060 dated 05.02.1989 in relation to E. C. No. 4474 deciding the case property to be waqf property of Tariqullah Biswas waqf Estate, Hazi Mohammad Mohsin Road, Jessore. 2. The facts, in short, are that the case property belongs to the petitioners and respondent No.31 whose pr..Category: Trust/Waqf Law | Date: | Hits: 183
Government of Bangladesh Vs. Hazrat Baku Shah Hawkers Market Somabaya Samity, 2010, 39 CLC (AD)
....m date". The Attorney General office will communicate the judgment and order of this Court to the Ministry concerned for compliance. Ed. This Case is also Reported in: 15 MLR (AD) (2010) 505.......e facts and circumstances of the case, is entitled to resile from its earlier decision of allotment in favour of the Samabaya Samity to serve larger public interest; and (iii) in not adverting to the question of prime khas land of the Government situated in the heart of the city sought to be allotte......prehended that 18.98 kathas of land in reference includes the 1.68 acres of land allotted for lease in favour of the respondent Hazrat Baku Shah Hawkers Market Somabaya Samity Limited. 3. Admitted facts are that the Government-respondent confirmed the allotment of 1.68 acres of land at Nilkhet wi..Category: Property Law | Date: | Hits: 28
Mohar Ali Bhuiyan Vs. Michir Ali Bhuiyan and others, 2010, 39 CLC (AD)
....se of misreading or non-consideration of evidence was made out. We find no substance in this petition which is accordingly dismissed. Ed. This Case is also Reported in: 15 MLR (AD) (2010) 500.......se of misreading or non-consideration of evidence was made out. We find no substance in this petition which is accordingly dismissed. Ed. This Case is also Reported in: 15 MLR (AD) (2010) 500....... Appeal No.162 of 2007 dismissing the appeal and upholding the Judgment and decree dated 17.07.2007 passed by the Joint District Judge, First Court, Narayanganj in Title Suit No.70 of 2004. 2. The facts, in short, are that the Respondent No.1 as the plaintiff filed before the Court of 1st Joint D..Category: Property Law | Date: | Hits: 20
Nasiruddin Khan Vs. Forhad Hossain Bhuiyan, 2009, 38 CLC (AD)
....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) 707.......the suit land by both the Courts below caused total miscarriage of justice and also caused failure of justice. 5. It appears that the instant suit is for Specific Performance of Contract, the main question is whether there was a contract for sale of the suit land between the plaintiff and the d...... in Title Appeal No. 327 of 2005 dismissing the appeal affirming those dated 11.10.2005 passed by the Senior Assistant Judge, Sadar, Comilla in Title Suit No.184 of 2000 decreeing the suit. 2. The facts involved in the case, in short, are that the suit land appertaining to C.R. Khatian No. 3 orig..Category: Property Law | Date: | Hits: 42
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