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Gazipur Razzakia Janakallyan High School Vs. Govt. of Bangladesh, 2010, 39 CLC (AD)
....ecorded in the name of the Government. The Government has no right, title and interest in the suit pond and it does not possess the same. The record of right prepared in the name of the Government is erroneous. The plaintiff school had no knowledge about the wrong recording of the suit pond in the n......e with law. The plaintiff has no right, title, and interest in the suit property. The alleged deed of gift is forged and fraudulent one, and it has not been acted upon. The suit was instituted with a view to grab the Government's khas land which is liable to be dismissed. 4. The learned Joint Dis..Category: Property Law | Date: | Hits: 26
....o prepare paper books out of Court in accordance with Rules.
The order of stay granted earlier is extended till disposal of the appeal.
Ed.
This Case is also Reported in: VII ADC (2010) 577.
......Neroda Bala having gifted the suit land in favour of her son by a registered instrument the High Court Division erred in affirming the judgment of the trial Court in not decreeing the suit.
In view of the above, the submissions of the learned Counsel for the petitioners deserve consideration...
Category: Property Law | Date: | Hits: 58
Surujit Bose (Raju) Vs. Bangladesh and others, 2010, 39 CLC (AD)
....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) 552. ......dly the respondents are in possession by paying rent and taxes since 1965, it is difficult to hold that the approval made by the respondent Nos.3 and 5 were without having any law authority. 6. In view of the above, we find no substance in the submissions of the learned Counsel for the petition..Category: Property Law | Date: | Hits: 23
Md. Abdur Rouf Vs. Judge of Artha Rin Adalat No.1, Dhaka, 2010, 39 CLC (AD)
.... Code of Civil Procedure has no manner of application in this case. We find no substance in this petition which is accordingly dismissed. Ed. This Case is also Reported in: VII ADC (2010) 548....... came into force on 01.05.2003. Section 60 of the Ain provides that all the pending cases under the previous law shall be transferred to Artha Rin Adalat and shall be proceeded with. 14. In such view of the matter Section 48 of the Code of Civil Procedure has no manner of application in this ca..Category: Civil Law | Date: | Hits: 73
Md. Rustom Ullah and others Vs. Md. Zomiruddin and others, 2009, 38 CLC (AD)
.... decision and there is no illegality or infirmity in the above decision so as to call for any interference. The petition is dismissed. Ed. This Case is also Reported in: VII ADC (2010) 541....... and further the appellate Court by sending the case back on remand to the trial Court, failed to discharge its responsibilities as all the materials were available before it. 5. We are of the view that the High Court Division on proper consideration of the materials on record arrived at a co..Category: Civil Law | Date: | Hits: 72
Faustina Pereira Vs. State, 2001, 30 CLC (HCD)
....rs of the remaining 822 fore prisoners and also to report within seven days as what steps have been taken by this time for the release. Ed. This Case is also Reported in: 53 DLR (2001) (HCD) 414.......a that keeping in jail any prisoner after serving out the sentences amounts to violation of the Human Rights and Fundamental Rights as guaranteed by the Constitution of the country. So, we are of the view that the Government should take steps for release of such prisoners at least 3 months prior to ..Category: Constitutional Law | Date: | Hits: 123
Md. Abid Khan and others Vs. Government of Bangladesh and others, 2003, 32 CLC (HCD)
....squalified under provisions of section 7(1)(b)(c) and (d) of the Electoral Rolls Ordinance, 1982. Md. Hamidul Haque J.- I agree. Ed. This Case is also Reported in: 55 DLR (HCD) (2003) 318. ...... they are in a much better footing than the petitioners in the above-cited cases. They did not even apply for citizenship of another country nor did they apply for repatriation in Pakistan. 25. In view of the discussions and decisions stated above, we find that the first group of petitioners are ..Category: Election Law | Date: | Hits: 94
....া হইল।
বিচারপতি জনাব আব্দুল আউয়াল: আমি একমত ।
সমাপ্ত।
This Case is also Reported in: 61 DLR (2009) 104.
......া হইল।
বিচারপতি জনাব আব্দুল আউয়াল: আমি একমত ।
সমাপ্ত।
This Case is also Reported in: 61 DLR (2009) 104.
..
Category: Constitutional Law | Date: | Hits: 117
Ali Akbar Vs. Farijuddin and another, 2000, 29 CLC (HCD)
....f issuance of the Rule and, thereafter, extended from time to time and lastly, extended till disposal of the Rule stand vacated. No costs. Ed. This Case is also Reported in: 53 DLR (2001) 284.......se was No.13 of 1987 under Order 9, rule 4 of The Code for setting aside the order of dismissal recorded in Miscellaneous Case No.4 (A) of 1986 was laid on 31-3-1987 which was delayed by five days in view of the law of limitation envisaged in Article 163 of the Limitation Act. 19. The order dated..Category: Procedural Law | Date: | Hits: 83
Abdul Rouf (Md.) alias Nayan Vs. State and another, 1999, 28 CLC (HCD)
.... Rule is made absolute. Proceedings of CR Case No. 301 of 1990 pending in the court of Chief Metropolitan Magistrate, Chittagong are quashed. Ed. This Case is also Reported in: 53 DLR (2001) 283....... civil liability. As some payments were made by the accused persons, it cannot be said that there was any initial deception on the part of the accused persons. Under such circumstances, we are of the view that there are no elements of the offence under sections 406 and 420 of the Penal Code and, as ..Category: Criminal Law | Date: | Hits: 39
.... Suit No. 22 of 1987 within three months from the date of receipt of this order.
Communicate the order to the learned Court below at once.
Ed.
This Case is also Reported in: 53 DLR (2001) 280.......ecessary hardships and prejudice to the adverse party and the applicant is not found guilty of deliberate laches in seeking amendment at such belated stage. Although the Court usually takes a lenient view in the matter of amendment of the plaint, yet it refuses to allow amendment where the new claim..
Category: Civil Law | Date: | Hits: 91
Khandakar (Md.) Shahjahan Vs. Md. Atiar Rahman Monshi & others, 2000, 29 CLC (HCD)
....act circumstances of the case I direct the parties to bear their respective costs. Lower Court’s record be sent immediately as possible. Ed. This Case is also Reported in: 53 DLR (2001) 275.......he wish and influence of petitioner and found that proper authority concerned excluded 555 voters from voter list and the matter was published in local and national newspapers. Tribunal also took the view that opposite party could not lay any claim that all the 555 voters were his supporters. Tribun..Category: Election Law | Date: | Hits: 89
Shahjahan (Md) Vs. State, 2000, 29 CLC (HCD)
....la Ghar for committing dacoity and they killed victim Noor Mohammed and there is no corroboration of the confessional statement made by the accused appellant and the learned trial Court illegally and erroneously convicted and sentenced the appellant under section 302 of the Code mainly on the basis ......in the impugned Judgment and order of conviction and, as such, the impugned judgment and order of conviction are liable to be affirmed and the appeal is liable to be dismissed. However, a bit lenient view may be taken in the matter of awarding the sentence of fine. 24. In the light of our fin..Category: Criminal Law | Date: | Hits: 38
Abdul Samad Gazi Vs. Abdul Khalil Gazi and others, 2000, 29 CLC (HCD)
.... Munsif is hereby affirmed. In the result, the Rule is made absolute but without any order as to cost. Send down the records forthwith. Ed. This Case is also Reported in: 53 DLR (2001) 262.......ontract. He submits that even assuming that there was a bainapatra Exhibit 2 for sale of the suit land to the plaintiff but the, plaintiff ought to have filed the suit as soon as, possible and in any view of the matter the filing of the suit in 1976 in order to enforce the agreement allegedly entere..Category: Civil Law | Date: | Hits: 94
Noorjahan Akhter Vs. A Motaleb & ors., 2000, 29 CLC (HCD)
....f Title Suit No.3 of 1983 now pending in the Court of the Subordinate Judge, 2nd Court, Dhaka stands vacated. I make no order as to costs. Ed. This Case is also Reported in: 53 DLR (2001) 256.......eported in ILR 1923 (Born) 73 that in order to decide whether it is a family dwelling-house, it is only necessary to look at the ownership of the dwelling-house and not it’s actual occupation. This view has been supported in the case reported in Md Tazammal Hossain Talukder Vs. Purni Agarwalini, 1..Category: Property Law | Date: | Hits: 113
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.......nt and decree passed therein is illegal and ultra vires of the Constitution and is against the fundamental right of the petitioner as guaranteed by the Constitution and the same has been infringed in view of the terms “অব্যবহিত পূর্বে” has been incorporated in the sai..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.......spondent No. 4 was legally appointed Nikah registrar for the curtailed area. 4. In Writ Petition No. 2037 of 1998 the Rule Nisi was issued calling upon the respondent to show cause as to why the Review Petition dated 28-12-97 (Annexure ‘D’) should not be disposed of expeditiously stating, int..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.......case was also ignored by both the AJCT and the Appellate Tribunal. It is not the case of the department that in these years the assessee spent fabulous amount or incurred new family expenses. In that view of the matter we fail to understand on what basis the figure was raised by the DCT and on what ..Category: Fiscal/Taxation Law | Date: | Hits: 64
Mojibul Haque (Md) Vs. Ataur Rahman and others, 2000, 29 CLC (HCD)
.... 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.......ional District Judge was authorised to see the question of maintainability provisionally and accordingly, the question of maintainability of the suit came to be discussed incidentally. 12. In that view the Judgment and order passed by the learned Additional District Judge setting aside the ex par..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.......r in support of the Rule as raised by the learned Assistant Attorney-General for the State and Mr. Md. Mozammel Huq, the learned Advocate, appearing on behalf of the informant-opposite-party No.2, in view of the Criminal Revision and the impugned judgment and order passed on the application filed be..Category: Criminal Law | Date: | Hits: 40
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