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Hefzur Rahman (Md.) Vs. Shamsun Nahar Begum and another,

....ppeal. I would therefore refrain from expressing any opinion thereon. Accordingly, I too would allow the appeal. Ed. This Case is also Reported in: 51 DLR (AD)(1999) 172.   ......t did not reduce the amount of maintenance of plaintiff No 1. The learned District Judge deleted Taka 2,000.00 claimed to have been spent by plaintiff No I at the time of the birth of plaintiff No.2, holding that the Family Court Ordinance did not provide for realisation of any such amount. The tota..

Category: Family Law | Date: 3 Dec, 1998 | Hits: 2262

Imtiazur Rahman Farooqui (Md.) (MI Farooqui) Vs. Bureau of Anti-Corruption and Others, 1998, 27 CLC (HCD)

....out lawful authority and to be of no legal effect. In the result, the Rule is made absolute without any order as to costs. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 421. ......e-A) on 31-10-93. The respondent No.3 showed the petitioner an anonymous letter alleging, inter alia, that the petitioner had smuggled moneys out of the country. The said letter mentioned the sale of holding No.77. Motijheel Commercial Area Dhaka (where the petitioner’s chamber is situated) an..

Category: Anti-Corruption Laws | Date: 15 Nov, 1998 | Hits: 181

Molla Habibur Rahman Vs. Board of Intermediate and Secondary Education, Jessore and others, 1998, 27 CLC (HCD)

....election result was simply rectified for which no provision has been made in the Regulation, that the procedure for fresh poll laid down in Regulation 9(22) was not complied with and that the illegal disputed election was not even set side by the competent and concerned authority. We find considerab...... that the election result of the Managing Committee declared on 9-11-1995 showing respondent Nos. 3 and 4 to have been elected from the founder and donors category was not cancelled and, as such, the holding of a fresh poll for that category on 18-12-95 declaring Mr. Altafuddin Khan and Mr. Shamsul ..

Category: Civil Law | Date: 19 Aug, 1998 | Hits: 100

Harun-or-Rashid and others Vs. Quyum Khan and others, 1998, 27 CLC (HCD)

....he impugned order dated 20-6-96 passed by the Senior Assistant Judge, Jamalpur in Other Class Execution Case No.10 of 1990 is affirmed. Ed. This Case is also Reported in: 52 DLR (HCD) (2000) 150.......itioners’ aforesaid application under section 151 of the Code of Civil Procedure for amendment of schedule of the plaint and a corresponding amendment in the application for execution of the decree holding that such an application is not maintainable in law. It is against this order the petitioner..

Category: Property Law | Date: 12 Jul, 1998 | Hits: 31

Lutful Karim and others Vs. Shahidullah and others, 1998, 27 CLC (AD)

.... was impersonated as the Vendor and the predecessor of the defendants Salamat Ullah was impersonated as the Vendee of the impugned kabalas. The predecessor of the plaintiffs never offered to sell the disputed kabala lands to the predecessor of the defen­dants. The disputed kabalas do not contain......session has been erroneously not decided by the lower appellate court. For the above reasons, these petitions are dismissed. Ed. This Case is also Reported in: 19 BLC (AD) (2013) 84. ..

Category: Civil Law | Date: 15 Mar, 1998 | Hits: 5

State Vs. Afazuddin Sikder, 1997, 26 CLC (HCD)

....Penal Code and he is sentenced to 10 years RI and also to pay a fine of Taka 1000.00 in default to suffer RI for 6 months more. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 121. ......d due to diarrhoea has no basis and from medical evidence we find that her death was due to asphyxia caused by strangulation which was ante mortem and homicidal in nature. So we have no hesitation in holding that death of the victim was not due to any illness but was due to injury sustained by her. ..

Category: Women and Children | Date: 24 Nov, 1997 | Hits: 151

Bangladesh Moktijoddah Kalyan Trust rep. by MD Vs. Kamal Trading Agency & others. 1997, 26 CLC (AD)

....ation is whether the trail court and the High Court Division in appeal, FA No. 63 of 1992, were right in holding that the defendant had accepted the offer of the plaintiff respondents to purchase the disputed property to make it a binding contract. The suit was decreed which was affirmed in appeal o......of 1991 of the (new) Court of Subordinate Judge, Narayanganj and the moot question for consideration is whether the trail court and the High Court Division in appeal, FA No. 63 of 1992, were right in holding that the defendant had accepted the offer of the plaintiff respondents to purchase the dispu..

Category: Contract Law | Date: 6 Nov, 1997 | Hits: 292

Nurunnahar Begum and others Vs. Government of Bangladesh, Dhaka and another, 1997, 26 CLC (HCD)

....No.LIV of 1985. 7. Right to hold property by a citizen is his fundamental right guaranteed under Article 42 of the Constitution and the petitioners as citizens of Bangladesh have right to hold the disputed property owned by them unless such right has been taken away under the provisions of any la......wful authority and of no legal effect and respondent No.1 is directed to exclude the said house of the petitioners from the said list. Ed. This case is also Reported in:49 DLR (HCD) (1997) 432. ..

Category: Property Law | Date: 24 Jun, 1997 | Hits: 22

Abdus Samad Khan and 3 others Vs. State and another, 1997, 26 CLC (HCD)

....e is nothing to interfere. Accordingly, this Rule is discharged. The stay order granted earlier is vacated. Communicate the order. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 143. ......was transmitted to the Senior Special Judge and it was lying with the Chief Metropolitan Magistrate. 15. In that view of the matter, we are of the opinion that the CID committed no error of law in holding further investigation as per provisions of section 173(3B) of the CrPC. Had further investig..

Category: Criminal Law | Date: 3 Jun, 1997 | Hits: 67

Zahed Hossain Mia Vs. Deputy Commissioner, 1997, 26 CLC (AD)

....or in future. From the notice under section 3 of Ordinance of 1982 it appears that land has acquired for the construction of the residence of the judicial officers of the District of Chittagong and undisputedly the land is being required for that purpose now. Hence, the objection raised in the facts......that the Additional Deputy Commissioner, Chittagong heard the petitioner in pursuance of his objection under section 4 of the Ordinance and forwarded the papers to the Deputy Commissioner. Chittagong holding that the objection of the petitioner was reasonable. Thereafter the Deputy Commissioner did ..

Category: Property Law | Date: 25 May, 1997 | Hits: 92

Bangladesh Air Service (Pvt) Ltd. Vs. British Airways PLC., 1997, 26 CLC (AD)

....Arbitration in accordance with, and subject to, the provisions of the Arbitration Act, 1950. The arbitral award shall be final and conclusively binding upon the parties. 3. The second disputed clause, Clause 23, reads as follows: “Jurisdiction:—This Agreement shal......eferred Civil Revision No. 3934 of 1994 challenging the legality of the order dated 27-11-94. The learned Judges of the High Court Division by the impugned judgment and order made the Rule absolute holding, inter alia, that the Courts in Bangladesh have no jurisdiction over the arbitration in vie..

Category: Contract Law | Date: 8 May, 1997 | Hits: 267

Nasiruddin (Md.) Vs. State, 1997, 26 CLC (HCD)

....it and does not call for quashment of the proceeding under challenge. The result is, we reject this application summarily. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 124. ......he occurrence and they caught red-handed the accused-petitioner. A Salish was held with no result. The said petition, however, was sent to the local police station for investigation and report. After holding investigation the police submitted report stating that no prima facie case has been made out..

Category: Women and Children | Date: 16 Mar, 1997 | Hits: 83

Akhtar Hossain Vs. Bangladesh, represented by the Secretary, Ministry of Works and others, 1997, 26 CLC (HCD)

....tion-10 Mirpur Housing Estate (Holding No.10-B, 11/8- Mirpur, Dhaka within 4 (four) months from date. There is no order as to costs. Ed. This Case is also Reported in: 52 DLR (HCD) (2000) 148.......said Abdul Hamid transferred the said property to the present petitioner by a kabala dated 15-3-1967 and that since purchase while owning and possessing land he was evicted by the miscreants from the holding in question on 27-4-1972. That having been evicted the petitioner made representation to the..

Category: Property Law | Date: 13 Mar, 1997 | Hits: 31

Suraiya Rahman Vs. Skill Development for Underprivileged Women represented by its Project Director and others, 1996, 25 CLC (HCD)

....es to the full knowledge and under the guidance and supervision of the petitioner; that the petitioner collaborated with the production and sale of the tapestries made from the said designs and never disputed the same till her termination from the service; and that said designs having been produced ......with it. Learned Advocates of both the parties stated that the said design is "bride's arrival", one of the twenty designs under dispute. So we find that the Board acted illegally in so holding merely on surmise and conjecture and, as such, decision of the Board in respect of the desig..

Category: Intellectual Property Law | Date: 9 Dec, 1996 | Hits: 218

Ali Akbar (Md.) Vs. Bangladesh, represented by the Secretary, Ministry of Land and others, 1996, 25 CLC (HCD)

....960 passed in Title Suit No.180 of 1958 and Judgment dated 31‑5‑1961 passed in Title Appeal No.306 of 1960 before the respondent No.2 who on consideration of the CS Map and ROR Khatian found that disputed Jalmahal was recorded in the name of the Government in Khatian No.1 and Plot No.1448 and by......d Advocate appearing for the petitioner after placing the impugned order and other materials on record submitted that respondent No.2 acted No.2 in Misc. Case No.1 of 1989 (Annexure‑G) illegally in holding that the fishery of the petitioner vested in the Government though compensation assessment r..

Category: Property Law | Date: 5 Aug, 1996 | Hits: 25

Latifur Rahman (Md.) Vs. Ministry of Law and Parliamentary Affairs, 1996, 25 CLC (HCD)

....d issued without any lawful authority and is of no legal effect. As a result, the Rule is made absolute without any order as to costs. Ed. This case is also Reported in:49 DLR (HCD) (1997) 434. ...... of the Dhaka Municipal Corporation with his office as those were contiguous to his office and excess to the jurisdiction of Syed Shariatullah. Marriage Registrar and Kazi of Maghbazar, Dhaka who was holding an area covering 19 Wards though he was entitled to 7 (seven) wards only at the relevant tim..

Category: Civil Law | Date: 17 Jul, 1996 | Hits: 32

Syeda Chand Sultana and others Vs. Government of Bangladesh, 1996, 25 CLC (HCD)

....€¦â€¦(15) Invocation of writ jurisdiction even when efficacious alternative remedy is available Even though there is an efficacious alternative remedy, the very fact that the inclusion of the disputed property in the 'Kha' list was ex facie void for want of jurisdiction and in violation of A......page 9764(1) from the Gazette notification, 4ated 23rd September, 1986 and not to disturb the peaceful possession of the petitioners. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 547. ..

Category: Property Law | Date: 16 Jun, 1996 | Hits: 32

Chief Engineer, Roads & Highways Departments Vs. M/S Concord Engineer Limited Construction, 1996, 25 CLC (HCD)

....shy;diction and a nullity in the eye of law. In the facts and circumstances of the case there will be no order as to cost. Ed. This Case is also Reported in: 26 BLD (HCD) (2007) 105. ...... it is not necessary that parties should file objection to the alleged award, within the time prescribed un­der Article 158 of the Limitation Act and the learned Subordinate Judge erred in law in holding that the objection filed by the oppo­site party appellant long after 20 days is hope­..

Category: Alternative Dispute Resolution | Date: 4 Apr, 1996 | Hits: 10

Jasimuddin (Md.) and 2 Others Vs. Md. Humayun Kabir, 1995, 24 CLC (HCD)

....ppears that an application was filed by the 1st party‑opposite party in the Court of the Chief Metropolitan Magistrate, Dhaka under section 154 of the Code of Criminal Procedure in respect of the disputed property and by order dated 27‑4‑93 learned Magistrate directed OC Cantonment PS to ma......gs in question. In the result, the Rule is made absolute and proceedings of Petition Case No.253 of 1993 is quashed. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 578. ..

Category: Procedural Law | Date: 28 Aug, 1995 | Hits: 3

Amir Hossain Khairati Vs. Abdul Aziz Bepari and others, 1995, 24 CLC (AD)

.... held that the plaint cannot be rejected. For the reasons stated above this appeal is dismissed with cost. Ed. This case is also reported in: 47 DLR (AD) (1995) 106. ......aside the order of the learned Subordinate Judge and directed that the suit be tried in accordance with law. 5. Leave was granted to consider whether the High Court Division erred in not holding that the suit was barred under Order 23 rule 1(3) of the Code of Civil Procedure in that th..

Category: Contract Law | Date: 31 Jan, 1995 | Hits: 257