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Mst. Komla Begum and another Vs. Md. Shahab Ali and others, 2010, 39 CLC (AD)
....gment and order dated 09.07.2008 passed by the High Court Division in Writ Petition No.2258 of 2004 be stayed till disposal of the appeal. Ed. This Case is also Reported in: VII ADC (2010) 557. ......gment and order dated 09.07.2008 passed by the High Court Division in Writ Petition No.2258 of 2004 be stayed till disposal of the appeal. Ed. This Case is also Reported in: VII ADC (2010) 557. ...... to prepare the record of right of the case property in the name of the original owner and record the names of the writ petitioner respondents as forcible possessors in the remark column. 2. The facts, in short, are that the respondent Nos.1-10 as petitioners filed Writ Petition No.2258 of 20..Category: Property Law | Date: | Hits: 28
Surujit Bose (Raju) Vs. Bangladesh and others, 2010, 39 CLC (AD)
....lso submitted that there is not on record to show that the beel land is the land of Annexure-A or Annexure-K unless a relayment is made and report is obtained showing the land of C.S. Plot No.65 is identical with land of schedule 3 of the Annexure-A and Annexure-K it is difficult on the part of ......ld that the land of plot No.65 of mouza Shahar Dhaka attracts the lands of schedule-C of Annexure-A and Annexure-K. Whether or not the said plot No.65 is identical with Annexure-K and Annexure-A is a question of fact and it could be resolved in a regular title suit by making relayment by an Advoca......ion for Leave to Appeal is directed against the judgment and order dated the 2nd day of August, 2009 passed by the High Court Division in Writ Petition No.3418 of 2008 discharging the Rule. 2. The facts involved in the case, in short, are that the property in C.S. Plot No.65 is a Debutter propert..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.......te-on-Record appearing for respondent Nos.3-12 and perused the petition and the impugned judgment and order of the High Court Division and other papers on record. 13. It appears that the decree in question was put into execution within time when the Artha Rin Adalat Ain came into force on 01.05.2......J. - This petition for leave to appeal is directed against the judgment and order dated 06.01.2009 passed by the High Court Division in Writ Petition No.7729 of 2008 discharging the Rule. 2. The facts, in short, are that the respondent No.2-Bank as plaintiff instituted Title Suit No.270 of 19..Category: Civil Law | Date: | Hits: 73
Azizur Rahman Khan and others Vs. Md. Aynul Miah and others, 2010, 39 CLC (AD)
....r of stay granted earlier by this Court shall continue till disposal of the appeal. Let the appeal be made ready for expeditious hearing. Ed. This Case is also Reported in: VII ADC (2010) 545.......r of stay granted earlier by this Court shall continue till disposal of the appeal. Let the appeal be made ready for expeditious hearing. Ed. This Case is also Reported in: VII ADC (2010) 545.......d Civil Revision No.5651 of 2007, setting aside the judgment and decree passed by the District Judge, Dhaka and upholding the decree for declaration, passed by the Assistant Judge, Dhamrai. 2. The facts of the case, in brief, are that the respondent No.1 herein, being the attorney of the owner, H..Category: Property Law | Date: | Hits: 21
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.......ted 7-5-2001 from Md. Jahangir, Senior Jail Superintendent, Central Jail, Dhaka. This memo contains the report as to the steps taken by the jail authority for facilitating release of the prisoners in question. It appears that as regards the prisoners of India and Pakistan the authority contacted Hig......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...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. ......y notification in the official Gazette specify in this behalf. (3) In case of doubt as to whether a person is qualified to be deemed to be a citizen of Bangladesh under Article 2 of this Order the question shall be decided by the Government, which decision shall be final.” 16. Article 2A is ......nts resulting in deprivation of their right to be voters under the laws the petitioners have moved this court. 5. None of the respondents filed any affidavit in opposition to deny or challenge the facts narrated in the writ petition. However, Mr. Zaman Akter, the learned Assistant Attorney Genera..Category: Election Law | Date: | Hits: 94
State Vs. Zakaria Pintu alias Md. Zakaria Pintu and others, 2010, 39 CLC (AD)
....s dated 20.04.2010, praying for vacating the order of stay, granted earlier by this Division, stands rejected. Ed. This Case is also Reported in: 62 DLR (AD) (2010) 420, 31 BLD (AD) (2011) 20. ......ncerned Court of Judicial Magistrate. 14. Instead, all of them, surrendered before the High Court Division, and prayed for bail which is in common parlance known as anticipatory bail, although the question of anticipation did not arise here since they are admitted fugitives and sure to be arreste......ave to appeal is against the Order dated 08.12.2009, granting ad-interim bail to the respondent No.1 and directing the respondent Nos.2 to 14 to surrender before the Sessions Judge, Pabna. 2. The facts leading to the filing of this petition are that one Md. Mokhlesur Rahman lodged an FIR on 27.1..Category: Criminal Law | Date: | Hits: 68
Advocate Md. Salahuddin Dolon Vs. Government of Bangladesh and Others, 2010, 39 CLC (HCD)
....pondent No.1, the Ministry of Education by a special messenger of this Court at the cost of the office. Syeda Afsar Jahan J. I agree Ed. This Case is also Reported in: 63 DLR (HD) (2011) 80. ......ustify gender-based violence as a form of protection or control of women, as a result of which women are deprived of the equal enjoyment of their human rights and fundamental freedoms. 21. On the question of employment, General recommendation 19 states that gender specific violence such as sexua......pondent No.1, the Ministry of Education by a special messenger of this Court at the cost of the office. Syeda Afsar Jahan J. I agree Ed. This Case is also Reported in: 63 DLR (HD) (2011) 80. ..Category: Constitutional Law | Date: | Hits: 201
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.......ivil Revision No. 6285 of 1991 (Dhaka). Civil Revision No. 189 of 1987 (Comilla). Judgment AK Badrul Huq J.- The fate of this Civil Revision Petition hinges on answer to the following core question, whether a Miscellaneous Case under Order 9, rule 13 of the Code of Civil Procedure which w......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...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....... 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.......re called upon to show cause as to why the proceedings of Criminal Case No. 301 of 1990 now pending in the court of Chief Metropolitan Magistrate, Chittagong should not be quashed. 2. The relevant facts are as follows: The above case arose on the basis of a petition of complaint filed by the o..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.......In this Rule the order dated 20-9-88 passed by the Subordinate Judge and Commercial Court, Chittagong in Money Suit No. 22 of 1987 allowing the prayer for amendment of the plaint has been called in question.
2. Short facts relevant for the purpose of the case are that, opposite party No.1 as pl...... dated 20-9-88 passed by the Subordinate Judge and Commercial Court, Chittagong in Money Suit No. 22 of 1987 allowing the prayer for amendment of the plaint has been called in question.
2. Short facts relevant for the purpose of the case are that, opposite party No.1 as plaintiff instituted a s..
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.......d away by striking out their names from Electoral Rolls and by that the election result has been materially affected. 6. In the face of the contentions advanced from both the sides two fundamental questions survive for determination in this Civil Revision Petition or to put it differently, the fa......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...Category: Election Law | Date: | Hits: 89
Shahjahan (Md) Vs. State, 2000, 29 CLC (HCD)
....months. Send down the original case record at once with a copy of the Judgment for perusal and necessary action accordingly. Ed. This Case is also Reported in: 53 DLR (2001) 268. ......awing attention of accused appellant Shahjahan to his confessional statement, the accused person pleaded not guilty and declined to examine any defence witness and told nothing in response to the 3rd question though, as per records accused appellant filed retraction petition on l0th November, 1991 s......ment for 2(two) months more, mainly on the grounds, among others, that the impugned Judgment and order of conviction dated 14-9-92 are improper, unjustified and bad in law, that the FIR described the facts and commission of murder by some unknown persons and the accused appellant himself narrated th..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......., the Appellate Court in the interest of justice, ought to have decided the matters himself once and for all. As such, instead of sending the case back on remand I have decided to consider myself the questions raised by the learned Appellate Judge. Reliance in this respect is placed on the decision ......nt Nos. 3 and 4 on different dates in 1975 and 1976 purported to sell the suit lands to them they appear to be simply paper transactions and were never acted upon. This conclusion is fortified by the facts that although the defendant No. 1 stated in his deposition about sale of 0.57 acres to the def..Category: Civil Law | Date: | Hits: 94
Dinesh Chandra Deb Vs. Dulal Chandra Karmakar and others, 2001, 30 CLC (HCD)
.... vacated. Let a copy of the judgment be communicated to the learned Senior Assistant Judge concerned. Send down the LC record immediately. Ed. This Case is also Reported in: 53 DLR (2001) 259.......oint of foreign law, or of science or art, or as to identity of handwriting or finger impressions, the opinions upon that point of persons specially skilled in such foreign law, science or art, or in questions as to identity of handwriting or finger impressions are relevant facts. Such persons are c...... or finger impressions, the opinions upon that point of persons specially skilled in such foreign law, science or art, or in questions as to identity of handwriting or finger impressions are relevant facts. Such persons are called experts.” “73. In order to ascertain whether a signature, writ..Category: Procedural Law | Date: | Hits: 85
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.......buddin Ahmed with MA Azim Khair Advocates—For the Opposite Party No. 1. Civil Revision No. 733 of 1998. Judgment Md. Joynul Abedin J.- This Rule at the instance of the petitioner calls in question the judgment and dated 25-11-1997 passed by learned Subordinate Judge Second Court, Dhaka i......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...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.......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......-parte on 25-10-1990 in Artha Rin Case No. 55 of 1990 and the proceedings of that case should not be declared to have been made without any lawful authority and is of no legal effect. 2. The short facts leading to the dispute as has been stated in the writ petition are that, the petitioner took s..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.......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......98 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 impugned Memo No.375 J..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.......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......—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 same they are h..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.......—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......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...Category: Property Law | Date: | Hits: 23
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