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Mir Hossain @ Amir Hossain and Others Vs. Alifa Khatun and Others, 2009, 38 CLC (AD)
....h Court Division, since they can place their respective cases before the Court below. Accordingly the leave petitions are dismissed. Ed. This Case is also Reported in: 30 BLD (AD) (2010) 46. ......h Court Division, since they can place their respective cases before the Court below. Accordingly the leave petitions are dismissed. Ed. This Case is also Reported in: 30 BLD (AD) (2010) 46. ......exhibit-5 and 5(1) was found to be valid and therefore the suit dismissed by the Courts below were not proper and accordingly the impugned judgment and order passed by the High Court Division, in the facts and circumstances, calls for no interference. Furthermore the parties are not prejudiced b..Category: Property Law | Date: | Hits: 79
Dr SKM Joynal Abedin Vs. Bangladesh, 2010, 39 CLC (AD)
....n to get the order of injunction and rightly rejected the same. We find no substance in this petition which is accordingly dismissed. Ed. This Case is also Reported in: 15 BLC (AD) (2010) 143.......n to get the order of injunction and rightly rejected the same. We find no substance in this petition which is accordingly dismissed. Ed. This Case is also Reported in: 15 BLC (AD) (2010) 143.......nd order dated 12-8-2009 passed by the High Court Division in First Miscellaneous Appeal No. 401 of 2008 with Civil Rule No. 675 (FM) of 2008 dismissing the appeal and discharging the Rule. 2. The facts, in short, are that the petitioner as plaintiff instituted Title Suit No.1605 of 2008 in the C..Category: Property Law | Date: | Hits: 44
Md. Mozaffer Rahman and other Vs. Government of Bangladesh and another, 2010, 39 CLC (AD)
....the above, we find no substance in the submissions of the learned Counsel for the petitioners. Accordingly, the petition 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......dge, 1st Court of Zilla Joypurhat, in Other Class Appeal 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 bel..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. ......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......ppeal affirming those dated 20.08.2005 passed by the Assistant Judge, Family Court, Islampur, Jamalpur decreeing the suit against the petitioner on contest in Family Case No.41 of 1999. 2. The facts involved in the case, in short, are that the plaintiff No.1 was given in marriage with defenda..Category: Family Law | Date: | Hits: 182
.... 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.
......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......pect and dignity included not only the perspectives or perceptions of worth by which an individual is characterised by himself or others, but also the translation of these perspectives into operative facts of special process. It is submitted that this is the intrinsic meaning of the terms 'respect f..
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. ......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...... 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 not yet a voter and by his grievance, as it is stated which is pend..Category: Business or Commercial Law | Date: | Hits: 204
Korban Ali Khan (Md) and Others Vs. Asalat Khan and others, 2000, 29 CLC (HCD)
....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. ......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. ...... Court, Dhaka in Miscellaneous Appeal No. 100 of 1990 affirming the judgment and order dated 28-3-1990 passed by the Assistant Judge, Keraniganj, Dhaka in Miscellaneous Case No. 11 of 1988. 2. The facts, in short, are that the opposite party Nos. 1 and 2 being the pre-emptors filed Miscellaneous ..Category: Property Law | Date: | Hits: 31
Khaleda Rahman & another Vs. Integrated Services Limited and others, 1999, 28 CLC (HCD)
....ave been filed. One before the learned Assistant Judge, 1st Court, Dhaka by the present appellants which is title suit No. 150 of 1999 and another before the 1st Court of Subordinate Judge, Dhaka for identical relief. Mr. Islam submits that though the present respondents entered appearance in Title ...... No. 116 of 1999. The Subordinate Judge, 1st Court, Dhaka is hereby directed to dispose of the injunction matter on merit expeditiously. Ed. This Case is also Reported in: 53 DLR (2001) 161. ......gainst the ad interim injunction and the other one was filed under Order 39 rule 4 of the Code of Civil Procedure for vacating the same. They were fully aware of the proceeding but by suppressing the facts they filed Title Suit No. 116 of 1999 before the learned Subordinate Judge 1st Court, Dhaka ..Category: Business or Commercial Law | Date: | Hits: 207
Daily Star and Prothom Alo Patrika Vs. State, 2001, 30 CLC (HCD)
....l of Police, Bangladesh. The office is directed to transmit the record along with a copy of the judgment by a special messenger. Ed. This Case is also Reported in: 53 DLR (2001) 155. ......l of Police, Bangladesh. The office is directed to transmit the record along with a copy of the judgment by a special messenger. Ed. This Case is also Reported in: 53 DLR (2001) 155. ...... and its machineries. 5. We have heard the learned Deputy Attorney-General Mr. M Faruq feebly opposes the Rule and submits that the articles published in the newspapers are not based upon true facts. He submits that there was further investigation into the Case for which the trial of the Case..Category: Criminal Law | Date: | Hits: 189
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. ......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......etitioner invoked this Court’s Civil Revisional Jurisdiction on laying a petition under section 115 of the Code of Civil Procedure to quash the decision under challenge. 2. A brief resume of facts essential and requisite for disposal of Civil Revision petition may be noticed and stated. ..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. ......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......spect of him, for he cannot give a public reply, nor he is obliged to justify or explain to the Executive any matter falling within the domain of his administration. In deciding, however, whether the facts before us call for drawing up of a proceeding for contempt, we have decided to opt for discret..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. ......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......ctions in this section but no where we find a single word to empower the High Court Division to determine the question of custody of any minor. The determination of such a question depends on several facts and circumstances including documentary and other evidences. We are of the view that in a proc..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. ......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 ......he learned Additional District Judge, Moulvibazar dismissing the Miscellaneous Case No.3711995 under Order 41, rule 19 of the Code of Civil Procedure brought by the plaintiff-appellant. 2. The facts of the Case, in short, inter alia, is that the plaintiff-appellant brought Title Suit No. 117/..Category: Property Law | Date: | Hits: 29
Sirajul Islam (Md) and another Vs. Government of Bangladesh & others, 2000, 29 CLC (HCD)
....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. ......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 ......ut lawful authority and of no legal effect. 5. Mr. Oziullah, learned Advocate appearing for the respondent Nos.4-7, on the other hand, submits that the Special Tribunal on consideration of the facts and circumstances of the Case as disclosed in the first information report, seizure list as we..Category: Criminal Law | Date: | Hits: 101
Syed Mustafizur Rahman Vs. State, 2001, 30 CLC (HCD)
....arge leveled against him and he is acquitted of the charges. Let him be discharged from the bail bond. Send down the records at once. Ed. This Case is also Reported in: 53 DLR (2001) 125. ......arge leveled against him and he is acquitted of the charges. Let him be discharged from the bail bond. Send down the records at once. Ed. This Case is also Reported in: 53 DLR (2001) 125. ......ute such public servant and such sanction order should be a speaking order and it cannot be just a mechanical order. He further argued that the sanction order which was produced does not refer to the facts of the Case particularly the misappropriated amount and the goods received and manner of misap..Category: Criminal Law | Date: | Hits: 42
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. ......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......witness recorded on guess-work cannot be perfect. 8. The other evidence in this Case is not at all sufficient to show the involvement of the convict appellant petitioner. Considering the above facts and circumstances we are of the view that the convict appellant-petitioner is likely to get re..Category: Criminal Law | Date: | Hits: 38
Bibhu Ranjan Das Vs. Hakim Ali and others, 2000, 29 CLC (HCD)
....e Case, as he felt unwell. The plaintiff, therefore, submitted his applications for an adjournment of the hearing on that day. In fact, he submitted 2 adjournment applications, both couched in almost identical terms. The learned Assistant Judge rejected the applications and asked the plaintiff to ge......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......f the petitioner contained in his application for the Civil Revision. 9. It appears that in passing the impugned judgment and order the learned Assistant Judge has not properly appreciated the facts of the Case as well as the law applicable to it. He has gone wrong with his reasoning as well...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. ......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......tioner was released due to mistake and the Court sub-inspector rightly brought to the notice of the learned Sessions Judge, Sylhet the fact that the petitioner is an accused in Luton Murder Case. The facts and circumstances of the Case and the nature of the allegations firmly lead to the proposition..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. ......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. ......dvanced by the learned Advocates for the appellants and the learned Deputy Attorney-General for the State, it will be convenient to state at first the background and then chronologically the relevant facts. 11. The background briefly is this. Kawran Bazar Commercial Area, briefly KCA, within the ..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. ......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. ......itioner under sections 447/379 of the Penal Code and sentencing them thereunder to suffer RI for two months and six 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 awa..Category: Criminal Law | Date: | Hits: 60
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