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Mosharraf Hossain (Md.) and others Vs. Akhtar Hossain, 2011, 40 CLC (HCD)
.... of Jabed Ali Vs. Abu Shaikh, being dead his heirs: Md. Naimuddin and others, 35 DLR (AD) 31 submits that in oral gift unless there is offer for gift, acceptance of the gift and delivery of possession, the gift is not valid which having not stated in the plaint the plaint is liable to be r......e suit No.308 of 2009 expeditiously in accordance with law. Send down the lower Court record. Communicate this order at once. Ed. This Case is also Reported in: 63 DLR (HCD) (2011) 218.......cate this order at once. Ed. This Case is also Reported in: 63 DLR (HCD) (2011) 218.......ere is no specific statement denying the fact that there is no oral gift made by this deponent. Moreover, the dispute whether there is any oral gift or not, to settle it, it requires trial. On this question, we may refer to certain paragraph of 35 DLR (AD) 31 i.e. the case of Jabe..Category: Property Law | Date: 27 Jan, 2011 | Hits: 95
Nasirul Islam Vs. Bangladesh and others, 2011, 40 CLC (HCD)
....a certificate issued in favour of Bangladesh Shilpa Bank, Pabna branch under section 33(7) of the Artha Rin Adalat Ain, 2003. 2. Petitioner’s case, in short, is that he was the lawful owner-in-possession of .06 acres of land appertaining to Khatian No.746, Plot No.105 at Muza East Eash Dair u......our of Bangladesh Shilpa Bank, Pabna branch under section 33(7) of the Artha Rin Adalat Ain, 2003. 2. Petitioner’s case, in short, is that he was the lawful owner-in-possession of .06 acres of land appertaining to Khatian No.746, Plot No.105 at Muza East Eash Dair under Fatulla Police Station...... annexed with the writ petition substituting photocopies thereof. Nazmun Ara Sultana J.- I agree. This Case is also Reported in: ......Rahman, Advocate-For the Petitioners. Md. Mozibur Rahman Miah, Advocate-For the Respondent. Writ Petition No. 3888 of 2008. Judgment Md. Ruhul Quddus J.- This Rule Nisi was issued questioning the legality of an auction notice published in the Daily Janakanta on 9.5.2008 for sale ..Category: Banking Law | Date: 27 Jan, 2011 | Hits: 172
Md.Hasanul Islam Hanif Vs. State, 2011, 40 CLC (HCD)
....es on it. On interrogation, the petitioner disclosed his name as Hasanul Islam Hanif alias Galcuta Hanif. However, the petitioner could not show any valid paper for keeping the arms and bullet in his possession. Hence, the FIR was lodged against the petitioner under sections 19A and 19(f) the Arms A......et the lower Court's record with a copy of this judgment and order be sent down to the concerned Court at once. Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 237. ...... judgment and order be sent down to the concerned Court at once. Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 237. ......d on the testimony of a solitary witness and it is not necessary to seek corroboration always from independent sources. Adverse presumption under section 114(g) of the Evidence Act is, essentially, a question of fact which is for the court to arrive at a decision. Non-examination of important witnes..Category: Evidence Law | Date: 26 Jan, 2011 | Hits: 7
Mahbub Ahmed Chowdhury Vs. Chief Election Commissioner and others, 2011, 40 CLC (AD)
....judgment and order passed by the High Court Division. Accordingly, the Civil Petition for Leave to Appeal is dismissed. Ed. This Case is also Reported in: 65 DLR (AD) (2013) 283. ......within the purpose or object of that company then the company will not be bound by such act and that object or purpose shall be ultra vires of the company and this theory has been established in England in the case of Ashby Railway Carnage andiron Co. Ltd. Vs. Rich (1875 LR 7 HL 653) and subsequ...... Ed. This Case is also Reported in: 65 DLR (AD) (2013) 283. ...... the petitioner, perused the impugned judgment and order dated 16-8-2008 passed by the High Court Division in Writ Petition No.8780 of 2008 and other materials available on record. The pertinent question in this case is whether the amendment of the President Order No.155 of 1972 by inserting..Category: Constitutional Law | Date: 23 Jan, 2011 | Hits: 11
Md. Hamiduzzaman Vs. Joint District Judge, Artha Rin Adalat, Faridpur and others, 2011, 40 CLC (HCD)
..../signed the certificate on 9.9.2009 and sent it for registration on 29.9.2009 (vide annex: D-1, order sheet of the execution case). Thereafter the execution proceeding was in progress for delivery of possession, when the present petitioner as a heir of Khodeja Zaman (defendant No. 2-judgment debtor)......er, his three brothers and five sisters inherited the mortgaged property of their mother Khodeja Zaman (defendant No.2), since deceased; that his parents’ grave yards were situated on the mortgaged land; that Title Suit No.24 of 2010 for partition of the land allegedly mortgaged by defendant No.2 ......e decree holder-bank after issuance of the certificate. Nazmun Ara Sultana J.- I agree. Ed. This Case is also Reported in: ......pondents. Writ Petition No. 8197 of 2010 Judgment Md. Ruhul Quddus J.- This Rule Nisi, at the instance of a legal heir of a judgment debtor in a mortgage decree, was issued calling in question orders dated 1.7.2009 and 6.9.2009 passed by the Artha Rin Adalat, Faridpur in Artha Rin Ex..Category: Banking Law | Date: 20 Jan, 2011 | Hits: 233
Mirza Ahsan Habib Vs. Judge, Artha Rin Adalat, Khulna and another, 2011, 40 CLC (HCD)
....etition). Thereafter the bank failed to dispose of the property and filed second execution case being Execution Case No.319 of 2006 on 1.11.2006 for selling the same property that was given under its possession and enjoyment earlier. In the said second execution case the learned Judge, on an applica......r section 33 (5) of the Ain will, however, remain with the bank and may also be disposed of in accordance with law. Nazmun Ara Sultana J.- I agree. Ed. This Case is also Reported in: ......bank and may also be disposed of in accordance with law. Nazmun Ara Sultana J.- I agree. Ed. This Case is also Reported in: ......dvocate -For the Respondent. Writ Petition No. 4236 of 2009. Judgment Md. Ruhul Quddus J. - This Rule, at the instance of a judgment-debtor in a mortgage decree, was issued calling in question order dated 12.11.2007 passed by the Judge, Artha Rin Adalat, Khulna in Artha Rin Execution..Category: Banking Law | Date: 19 Jan, 2011 | Hits: 305
StateVs. Noor Islam and others, 2011, 40 CLC (HCD)
....nce to pay a fine of Tk. 1,00,000/- each, in default to pay the fine, they are to suffer rigorous imprisonment for two years more each. Ed. This Case is also Reported in: 16 MLR (HCD) (2011) 141.......nce to pay a fine of Tk. 1,00,000/- each, in default to pay the fine, they are to suffer rigorous imprisonment for two years more each. Ed. This Case is also Reported in: 16 MLR (HCD) (2011) 141.......efault to pay the fine, they are to suffer rigorous imprisonment for two years more each. Ed. This Case is also Reported in: 16 MLR (HCD) (2011) 141.......s voluntary and true or not the Court has to examine the confession itself and also to consider the same in the light of other materials on record and broad probabilities of the case. 27. The next question arises, whether the confession can be the basis of conviction against the makers if found r..Category: Women and Children | Date: 13 Jan, 2011 | Hits: 195
Bangladesh Legal Aid and Services Trust Vs. Secretary, Ministry of Education, 2011, 40 CLC (HCD)
.... 63 DLR (2011) 643. An international organisation set up in 2001 to campaign for worldwide prohibition by law of all corporal punishment of children, whether by parents or schools. ...... Affairs to ensure that where there are allegations of criminal offence against teachers the police would be put into action for proper investigation and disposition in accordance with the law of the land. 48. In spite of the grim picture noted above, we are heartened by the action taken by the ......sation set up in 2001 to campaign for worldwide prohibition by law of all corporal punishment of children, whether by parents or schools. ...... 63 DLR (2011) 643. An international organisation set up in 2001 to campaign for worldwide prohibition by law of all corporal punishment of children, whether by parents or schools. ..Category: Women and Children | Date: 13 Jan, 2011 | Hits: 248
State Vs. Alam, 2011, 40 CLC (HCD)
.... Nari-o-Shishu Nirjatan Daman Tribunal, Kushtia immediately. Send down the Lower Court Records. Communicate this Order at once. Ed. This Case is also Reported in: 16 BLC (2011) 816. ...... ("FIR") alleging, inter alia, that his daughter, the deceased Sharmin Banu alias Vanu and the condemned-prisoner being married since 1990 have had a turbulent marriage chiefly on account of the philandering Alam demanding dowry and subjecting Vanu to physical abuse for the same. On 25-12-2002 at ......ediately. Send down the Lower Court Records. Communicate this Order at once. Ed. This Case is also Reported in: 16 BLC (2011) 816. ......micide. These items include on 40" stick with a metal twine in five places and electric bulb that facilitated the witnesses to view the goings on in the room where Vanu met her fate. The Tribunal's unquestioning acceptance of the two Seizure Lists ten days apart without probing into circumstances th..Category: Women and Children | Date: 11 Jan, 2011 | Hits: 176
Ramesh Chandra Adhikari Vs. Bulbuli, 2011, 40 CLC (AD)
....find any merit in the leave petition. Accordingly, the leave petition is dismissed with cost of Taka 5,000 (five thousand). Ed. This Case is also Reported in: 66 DLR (AD) (2014) 104. ......aking over to him new wearing apparels. (c) The bridegroom dressed up in new clothings is then circled by the bride seven times, at the end of which the bride and the bridegroom exchange garlands of flowers. (d) Then follows 'sampradana' or gift of the bride to the bridegroom.......e thousand). Ed. This Case is also Reported in: 66 DLR (AD) (2014) 104. ......ide. 9. We have heard the learned Advocate appearing for the petitioner, perused the impugned judgment and decree of the High Court Division and other materials on record. 10. The pertinent question in this case is whether the defendant-petitioner had married the plaintiff-respondent accor..Category: Family Law, Hindu Law | Date: 6 Jan, 2011 | Hits: 15
Mahfuzur Rahman and another Vs. Government of Bangladesh and others, 2010, 39 CLC (HCD)
.... Accordingly, the Rule is discharged without any order as to costs. Ed. This Case is also Reported in: 65 DLR (HCD) (2013) 171 ......ing legal authority to determine questions affecting the rights of subjects, and having the duty to act judicially'. The expression 'having the duty to act judicially' was used in England to limit the application of the Rules to decision-making bodies similar in nature to Court......to costs. Ed. This Case is also Reported in: 65 DLR (HCD) (2013) 171 ......teram Partem' was not adhered to prior to issuance of the said order dated 19-11-2008. 16. Mr. MK Rahman also submits that since no legal right accrued to the petitioners, there was no question of applicability of the principle of 'Audi Alteram Partem' as to the cancellation o..Category: Administrative Law | Date: 9 Dec, 2010 | Hits: 2
Monir Hossain Md. (Moni) and another Vs. Md. Yousuf and others, 2010, 39 CLC (AD)
.... No.5 of the said holding belonged to Abdul Aziz and another from whom the plaintiffs purchased the same by three registered kabalas dated 31-8-1994, 28-9-1994 and 02-11-1994 and got delivery of possession. Prior to their purchase, the defendants were tenants in respect of the suit premise......nt in writing from the said attorney Tamizuddin; that in view of non-acceptance of the rent on 3-1-1995 the defendants remitted the rent by money order on 10-1-1995 and in view of refusal by the landlord to receive the same they deposited the same with the Rent Controller and Senior Assistant J......eby restored. Ed. This Case is also Reported in: 66 DLR (AD) (2014) 100. ......e statute and in making out a third case of usage, there being no such case either in the pleading or in the evidence, in derogation of the statutory law. He finally submits that the case raises questions of law of public importance as to the interpretation of the law relating to lease of premi..Category: Property Law, Tenancy Law | Date: 8 Dec, 2010 | Hits: 12
Nazrul Islam Talukder (Md.)Vs. Bangladesh & another, 2010, 39 CLC (HCD)
....utiny it is found that the petitioner does not have requisite qualification for being licenced as a Nikah Registrar. Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 87. ......istant Commissioner (and), Dhanmondi Circle, Dhaka to inquire into the matter under memo No.sa:ka:(bhur)/dhatsa: /2006-372(ma:) dated 13-8-2006. After holding the inquiry. The Assistant Commissioner (land), Dhanmondi Circle, submitted report to the respondent No.1 contending inter alia that the peti......te qualification for being licenced as a Nikah Registrar. Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 87. ......utiny it is found that the petitioner does not have requisite qualification for being licenced as a Nikah Registrar. Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 87. ..Category: Family Law | Date: 6 Dec, 2010 | Hits: 9
Hasna Ahmad Vs. State and another, 2010, 39 CLC (HCD)
....ix) bidders including the petitioner participated in the tender process and the bid of the petitioner being the highest was accepted by the authority concerned and, as such, she was inducted into the possession of the case property and lease-deed in perpetuity was executed in her favour in due cours......ion Act, 1947, now pending before the 3rd Court of the Special Judge, Dhaka are quashed so far as it relates to the petitioner. Ed. This Case is also Reported in: 16 BLC (HCD) (2011) 206. ...... the Special Judge, Dhaka are quashed so far as it relates to the petitioner. Ed. This Case is also Reported in: 16 BLC (HCD) (2011) 206. ......as such, she was inducted into the possession of the case property and lease-deed in perpetuity was executed in her favour in due course and she has been indisputably in possession of the property in question. 7. Mr. Md. Asaduzzaman next submits that the bid money to the tune of Taka 2,74,79,85..Category: Anti-Corruption Laws | Date: 1 Dec, 2010 | Hits: 189
....ng days without fail upon receipt of the copy of this judgment. There will be no order as to costs.
Ed.
This Case is also Reported in: 65 DLR (HCD) (2013) 191
......ng days without fail upon receipt of the copy of this judgment. There will be no order as to costs.
Ed.
This Case is also Reported in: 65 DLR (HCD) (2013) 191
......o order as to costs.
Ed.
This Case is also Reported in: 65 DLR (HCD) (2013) 191
......r dealing with wrong declaration by the importer at the entry point, the authority can not detain the goods without due process of law.
There are no cogent reason for detaining the goods in question purchased by the petitioner..
When there is no dispute that the goods have been i..
Category: Fiscal/Taxation Law | Date: 11 Nov, 2010 | Hits: 3
....ng days without fail upon receipt of the copy of this judgment. There will be no order as to costs.
Ed.
This Case is also Reported in: 65 DLR (HCD) (2013) 191
......ng days without fail upon receipt of the copy of this judgment. There will be no order as to costs.
Ed.
This Case is also Reported in: 65 DLR (HCD) (2013) 191
......o order as to costs.
Ed.
This Case is also Reported in: 65 DLR (HCD) (2013) 191
......r dealing with wrong declaration by the importer at the entry point, the authority can not detain the goods without due process of law.
There are no cogent reason for detaining the goods in question purchased by the petitioner..
When there is no dispute that the goods have been i..
Category: Fiscal/Taxation Law | Date: 11 Nov, 2010 | Hits: 5
Fatema Begum Vs. The Artha Rin Adalat, Narayangonj and others, 2010, 39 CLC (HCD)
....in, 2003 in Mortgage Decree Execution Case No.25 of 2001 (arising out of Mortgage Suit No.72 of 1996). 2. The petitioner’s case in short is that her father late Dudu Mian was the lawful owner in possession of 8.04 decimals of land out of 20 decimals appertaining to C.S. Khatian No. 278, Dag No.......cution Case No.25 of 2001 (arising out of Mortgage Suit No.72 of 1996). 2. The petitioner’s case in short is that her father late Dudu Mian was the lawful owner in possession of 8.04 decimals of land out of 20 decimals appertaining to C.S. Khatian No. 278, Dag No.354 corresponding to S.A. Khati......end a copy of this judgment to the Artha Rin Adalat, Narayangonj at once. Nazmun Ara Sultana J. - I agree. This Case is also Reported in: ......etitioners did not deposit 25% of the decreetal amount according to section 32 (2) of the Artha Rin Ain, 2003 (in short “the Ain, 2003”). 4. The petitioner’s further case is that the land in question is situated vertically from north to south. They have been possessing the same from the sou..Category: Banking Law | Date: 11 Nov, 2010 | Hits: 14
Ms. Syeda Rizwana Hasan Vs. Bangladesh and others, 2010, 39 CLC (AD)
....cute the officers responsible. The appeal is dismissed with the above observations without any order as to costs. Ed. This Case is also Reported in: 9 ADC (2012) 816, 18 BLC (AD) (2013) 54. ...... lake as an essential environmental component. A part of the water body has its flow by the side of Road No.20 in Sector-3 of UMT. The lakeside or bank adjacent to Road No.20 is a narrow strip of land and was left by the writ respondent No.2 in the original Master Plan as space for developing Pa...... to costs. Ed. This Case is also Reported in: 9 ADC (2012) 816, 18 BLC (AD) (2013) 54. ......4 passed by the High Court Division in Writ Petition No.948 of 1997.) Judgment Surendra Kumar Sinha J. - Leave granted. 2. Appellant, the Bangladesh Environmental Lawyers Association, (BELA) questioned the propriety of the implementation of partly revised lay out plan on the bank of lake ad..Category: Environmental Law | Date: 8 Nov, 2010 | Hits: 258
Redwan Ahmed Vs. Bangladesh, 2010, 39 CLC (HCD)
....il already granted to him by this Division. The order of stay granted earlier by this Court is hereby vacated and recalled. Ed. This Case is also Reported in: 16 BLC (HCD) (2011) 70. ......il already granted to him by this Division. The order of stay granted earlier by this Court is hereby vacated and recalled. Ed. This Case is also Reported in: 16 BLC (HCD) (2011) 70. ...... of stay granted earlier by this Court is hereby vacated and recalled. Ed. This Case is also Reported in: 16 BLC (HCD) (2011) 70. ......substance." 19. Therefore, the submission of Mr. Mahmood that the power of delegation as per section 20 of ACC Act found to be corum non judice has no legs to stand. 20. Next comes the question whether the trial of the petitioner on the facts allegedly committed prior to promulgation ..Category: Anti-Corruption Laws | Date: 25 Oct, 2010 | Hits: 211
British American Tobacco Bangladesh Company Ltd. Vs. Begum Shamsun Nahar, 2010, 39 CLC (AD)
....dings and observations we do not find any merit in the leave petition. Accordingly, the leave petition is dismissed. Ed. This Case is also Reported in: 66 DLR (AD) (2014) 80. ......dings and observations we do not find any merit in the leave petition. Accordingly, the leave petition is dismissed. Ed. This Case is also Reported in: 66 DLR (AD) (2014) 80. ......ed. Ed. This Case is also Reported in: 66 DLR (AD) (2014) 80. ......arassment and bullying by its employees and whether the defendant-petitioner-company could be held responsible for such sexual harassment and bullying caused to the plaintiff-respondent are all questions of facts and can only be decided on the evidence to be adduced by the concerned parties ..Category: Women and Children | Date: 13 Oct, 2010 | Hits: 21
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