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Jarina Khatun & others Vs. Gani Howlader & others, 2000, 29 CLC (HCD)
....application to the facts of the Case. Rather, here, the judgment of the appellate Court is based on total non-consideration of the evidence on record and absence of any finding of its own. In view of provisions of Order XLI rule 31 of the Code of Civil Procedure, such judgment must be held to be no ......laintiff Tayeb Ali instituted the suit for declaration of his title in the suit land and also for a declaration that the VP Case initiated in respect of the suit land is illegal, void and without any lawful authority. On the death of Tayeb All, his heirs, present petitioners, after being substituted..Category: Property Law | Date: | Hits: 22
Sonali Bank and others Vs. Md. Jalaluddin and another, 2000, 29 CLC (HCD)
....uthoritative decisions of the Appellate Division. 11. The Supreme Court of Pakistan in Malik and Haq Vs. Muhammad Shamsul Islam, PLD 1961 SC 531 held. “In the absence of any statutory provision protecting the servant it is not possible in law to grant to him a decree against an unwil......eview of the said order for return of the plaintiff. On hearing both the sides, the learned Munsif by his order dated 22-08-92 found the order for return of the plaint based on total misconception of law regarding the right of the plaintiff to sue in a Civil Court and accordingly, allowed the applic..Category: Administrative Law | Date: | Hits: 165
Moshiur Rahman (Md.) Vs. State, 2000, 29 CLC (HCD)
....n 228 of the Penal Code and the procedure for its enforcement, because, in the instant Case, neither the learned Magistrate nor the learned Sessions Judge, appreciated the intent and purport of these provisions. 9. Section 228 of the Penal Code runs as follows: “228. Whoever intentio....... 15. Let us now turn our eyes to the procedure adopted by the learned Magistrate in proceeding with a Case under section 228 of the Penal Code. 16. It is now an acceptable principle of law that when an offence under section 228 of the Penal Code is committed in respect of a public ser..Category: Criminal Law | Date: | Hits: 29
.... issued show cause notice upon the respondent No. 4 (owner of the house) on 28-7-1999 and 6-9-1999 (vide Annexure-1-A and 1-B) of said affidavit with regard to his unauthorised construction under the provision of Building Construction (Amendment) Act, 1987 but the respondent No. 4 made no reply. The......ause as to why the impugned order dated 22-11-1999 (Annexure-E) issued under the signature of the respondent No. 2 the Authorised Officer of RAJUK should not be declared to have been made without any lawful authority and is of no legal effect or such other or further order or orders passed as to thi..
Category: Property Law | Date: | Hits: 31
Islami Bank Bangladesh Ltd. and others Vs. Abdul Jalil and others, 1999, 28 CLC (HCD)
.... of the Appellate Division which cannot be set aside by the Subordinate Judge at the instance of the selfsame plaintiffs. Nurul Huq further submits that the present suit is barred by law and as such, provisions of Order 7 rule 11 of the Court of Civil Procedure are very much applicable. 8. Nu......re the trial Court the defendants filed an application under Order 7 rule 11 read with order 17 Rule 2 of the Code of Civil Procedure for rejection of the plaint or in the alternative for hearing the law point first. The learned Subordinate Judge by the impugned order dated 27-7-1999 rejected the af..Category: Property Law | Date: | Hits: 61
Shaher Khatun & others Vs. State and another, 2000, 29 CLC (HCD)
....Ali and another Vs. State 38 DLR 270. We have noticed that there are two conflicting decisions of this Court on the said issue. Before we proceed to consider the said decisions, let us examine the provisions of section 195 of the Code of Criminal Procedure. Sub-section (1) of section 195 provides...... of Criminal Procedure, shortly the Code. In the Code there is no definition of “Revenue Court” has been given. Since there is no definition of the Revenue Court in the Code, let us examine other laws as to the meaning of the term ‘Revenue Court. In the Tenancy i.e. The State Acquisition and T..Category: Criminal Law | Date: | Hits: 59
....ly push them into vagrant homes violating their right to life and living and livelihood as protected under the law and the Constitution. Such putting in the vagrant home is being done contrary to the provision of law ignoring the broad fact that the prostitutes are above the age of 18 years and in t......nt in Vagrant Centre should not be declared illegal directing that the sex-workers in custody be brought before the Court so that it may satisfy itself that they are not being held in custody without lawful authority or in an unlawful manner.
2. The petitioners are the Bangladesh Society for the ..
Category: Constitutional Law | Date: | Hits: 264
State Vs. Md. Sadequl Islam Tusar and others, 2009, 38 CLC (AD)
....ence. We find no substance in this petition which is accordingly dismissed. Ed. This Case is also Reported in: 63 DLR (AD) (2011) 134, 15 MLR (AD) (2010) 147, 19 BLT (AD) (2011) 160. ......wry of Tk.30,00,000/- and they (accused) used to telephone Rashida Bewa (mother of the deceased) Jamilur Rahman Khan Kabir, (brother of the deceased), Advocate Ashraful Islam Dulu (P.W.6) (brother-in-law of the deceased) and professor Farida Yasmin (P.w.2) (sister of the deceased) and asked them to ..Category: Criminal Law | Date: | Hits: 43
Shaid Hamid and another Vs. Nilufar Momtaz and others, 2009, 38 CLC (AD)
....we find no substance in the submissions of the learned Advocate for the petitioner. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: 15 MLR (AD) (2010) 130. ......of the family life failed and they were requested to settle their disputes in the family Court. He also asked to settle their dispute over the flat in Court. He, however, requested them to maintain law and order in Mohakhali DOHS area and take care to see that no unpleasant occurrence should tak..Category: Property Law | Date: | Hits: 26
Md. Ismail alias Haji Md. Ismail Vs. State and another, 2010, 39 CLC (AD)
....therefore, no cogent reason to interfere with the judgment of the High Court Division. Accordingly, the petition is dismissed. End. This Case is also Reported in: VII ADC (2010) 449. ......for the petitioner and perused the connected papers as well as the impugned judgment. We are of the view that the High Court Division upon consideration of the complaint and also on appreciation of law arrived at a correct decision. There is, therefore, no cogent reason to interfere with the judgm..Category: Criminal Law | Date: | Hits: 34
Abdul Matin Sarker @ Mathin and another Vs. State, 2009, 38 CLC (AD)
.... for 6(six) years, as has been submitted, appears to be too severe, having regard to the facts and circumstances of the case and the overt-act on the part of the review petition. The application of provisions of Sections 326 and 307 of the Penal Code has not been considered in their true perspecti...... Division, taking us through judgment submitted that for causing injury to the same victim and by the same person, conviction both under Sections 326 and 307 of the Penal Code is not permissible in law in as much as the offence committed must come either under Section 326 or under Section 307 and ..Category: Criminal Law | Date: | Hits: 45
Md. Farid Khan Vs. Md. Delower Hossain and others, 2010, 39 CLC (AD)
....rity of Tk.1000/- is to be deposited within 1 (one) month. Preparation of the paper-book is dispensed with as prayed for. Ed. This Case is also Reported in: VII ADC (2010) 425. ......py of the Deed of Heba-bil-Ewaz dated 03.04.1978, produced on behalf of the defendants and was exhibited but these exhibited documents were not considered by the High Court Division, rather, erred in law in deciding the matter only on oral evidence, which, he submits, requires to be examined by this..Category: Property Law | Date: | Hits: 23
Warn-Me Wollen Mills Ltd. Vs. Government of Bangladesh, 2010, 39 CLC (AD)
....cumstances, the High Court Division rightly discharged the rule as not maintainable. In the result, this petition is dismissed. Ed. This Case is also Reported in: VII ADC (2010) 421. ......, the petitioner filed this petition for leave to appeal. 5. Mr. Md. Rokonuddin Mahmud, Senior Advocate, appearing on behalf of the petitioners, submits that the High Court Division erred in law in holding the agreement for lease as an ordinary commercial agreement between the two parties..Category: Civil Law | Date: | Hits: 90
Md. Asheque Ali Vs. Md. Shamsul Hoque Sarder and others, 2010, 39 CLC (AD)
....low. Considering the facts and circumstances of the matter, we find no merit in this petition, which is accordingly dismissed. Ed. This Case is also Reported in: VII ADC (2010) 418. ......ay, 2008 discharged the rule and affirmed those of the court of appeal below. 5. It is contended on behalf of the petitioner that the learned Single Judge of the High Court Division erred in law in maintaining the decree for specific performance in failing to consider that the transacti..Category: Property Law | Date: | Hits: 17
Biman Bangladesh Airlines and others Vs. Al Rojoni Enterprise, 2010, 39 CLC (AD)
....therwise than the rate stipulated in the Airway bill could be applied in calculating the compensation payable to the respondent. He further submits that the liability of the Biman is limited by the provisions of Rule 22 of the First Schedule of the 1966 Act and in terms of the Airway bill but the ......e, complained about the loss of his goods. But the respondent filed its suit on 24.05.2001, much beyond the period of limitation of two years. He further submits that the High Court Division erred in law in concluding that the rate of U.S. $ 20/- per Kg. as stipulated in the Airway bill would vary w..Category: Civil Law | Date: | Hits: 85
Saleh Ahmed Vs. Sreemati Rani Prava Mitra and others, 2010, 39 CLC (AD)
....ch circumstances, the contentions raised on behalf of the petitioner, has got no substance. In the result, the petition is dismissed. Ed. This Case is also Reported in: VII ADC (2010) 408. ...... the admitted owner of the properties described in schedule-I to the plaint was Nolini. He out of fear of Mohajan transferred his property in favour of Moni Bala Dey, his relative and the sister-in-law of Jogendra by a registered kabala dated 19.03.1947 but as a matter of fact it was a mere sham..Category: Limitation Law | Date: | Hits: 181
....within the prescribed period and any order passed on such appeal shall be final."
10. There is a long procedure under Chapter-III of the said RPO of 1972 for scrutiny of nomination paper. There is provision of appeal against acceptance of nomination papers under Article 14(5) of the said RPO of 1......er, Tangail by the Accounts Officer, Telephone Revenue, BTCL, Mymensingh vide his office letter No.T-RJIVIM/Nirbachan/08 dated 02.12.2008. But the Returning Officer did not take any action as per the law.
8. The petitioner (i.e. respondent No.1 in the election Petition) contested the said case by..
Category: Election Law | Date: | Hits: 116
Golam Mostafa Bhuiyan Vs. Abu Taher and others, 2009, 38 CLC (AD)
.... transferred. I find no merit in this petition. This Civil Petition for Leave to Appeal No.1442 of 2008 is therefore dismissed. Ed. This Case is also Reported in: VII ADC (2010) 400. ......7 in favour of the respondent No.1; and the respondent No.2 executed deed No. 5251 in favour of respondent No.6; the respondent No.4 created deed No. 4786 in favour of respondent No.7, the brother-in-law of the respondent No.1; the respondent No.1 also created deeds No.5460 and 5502 for the same lan..Category: Property Law | Date: | Hits: 33
Chand Bibi being died her heirs and others Vs. Mosammat Towhide Begum and others, 2010, 39 CLC (AD)
....the rules. The operation of the impugned judgment and order of the High Court Division be stayed till disposal of the appeal. Ed. This Case is also Reported in: VII ADC (2010) 397. ......and restored the judgment and order of the trial Court. 5. Mr. Mahbubey Alam, learned counsel appearing for the petitioners contended that the learned Judge of the High Court Division erred in law in interfering with the judgment and decree of the Court of appeal below without reversing the f..Category: Property Law | Date: | Hits: 25
Shahin Mia Vs. Parul Begum wife of Ibrahim and others, 2009, 38 CLC (AD)
.... in accordance with the Rules. The order of stay granted earlier by this Division shall continue till disposal of the appeal. Ed. This Case is also Reported in: VII ADC (2010) 394. ......d Advocates for both the parties and perused the impugned judgment and all other evidence on record. The learned Advocate for the petitioner submits that the High Court Division committed an error of law in disturbing the findings of facts arrived at by both the Courts below and on misreading of the..Category: Property Law | Date: | Hits: 43
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