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....ance of the Rule is hereby
vacated.
The lower courts
records be sent down at once with a copy of the judgment.
Ed.
This Case
is also Reported in: 28 BLD (HCD) (2008) 488.
......t Gazette Notification
dated 25.8.1998 and the suit was instituted on 27.6.2000 when the pre-emptor-opposite
party obtained the certified copy of the registered deed dated 29.3.2000.
Therefore the question of maintainability of the suit under Section 24 of the Non-Agricultural
Tenancy Act, 194......
came to his finding in reversing the judgment and order passed by the trial
court. The appellate court after discussing all the material evidence on record
and after taking into consideration all facts and circumstances of the case
affecting the merit of the case came to his finding that the si..
Category: Property Law | Date: 9 Apr, 2008 | Hits: 4
Bangladesh Institute of Planners Vs. Government of Bangladesh and others, 2008, 37 CLC (HCD)
....nner in the department. Considering the facts and circumstances of the case, the Rule is discharged without any order as to costs. Ed. This Case is also Reported in: 13 BLC (HCD) (2008) 494. ......irect recruitment. He further submits that it is the intention of the authority to give promotion from the feeder post and if no suitable and qualified candidates are available then, and only then, question of direct recruitment comes in. In the instant case no direct recruitment was made. He furt......anner is a Public post; we have already found that the Respondents Nos. 5, 6, 7 and 8 (Junior Planners) were eligible for promotion in the post of Senior Planner in the department. Considering the facts and circumstances of the case, the Rule is discharged without any order as to costs. Ed. ..Category: Civil Law | Date: 6 Apr, 2008 | Hits: 49
Khandaker Mahmud Hasan Vs. Amirul Islam, 2008, 37 CLC (HCD)
....hop premises within 4(four) months from date. Let a copy of the judgment along with LC record be send down at once. Ed. This Case is also Reported in: 28 BLD (HCD) (2008) 202. ......d to prove the bonafide requirement for purposes of a multistoried building. He next submits that the Trial Court was right in holding that since the advanced security money is not adjusted, the question of defaulter in respect of payment of rent does not arise at all. He further submits t......2000 (decree signed on 14.09.2000) passed by the Subordinate Judge, 1st Court, Dhaka in S.C.C Suit No.3 of 1999 dismissing the suit for ejectment of monthly tenant shall not be set aside. 2. The facts relevant for the purpose of disposal of this Rule are as follows: 3. The petitioner as pl..Category: Tenancy Law | Date: 27 Mar, 2008 | Hits: 13
Abul Hasnat Nurul Kabir Vs. Government of Bangladesh and others, 2008, 37 CLC (HCD)
.... not find any substance in this Rule. Accordingly, the Rule is discharged without any order as to costs. Ed. This Case is also Reported in: 29 BLD (HCD) (2009) 275. ......f 2006 is ultra vires of the Constitution. 5. We have perused the Writ Petition, its annexures and the supplementary affidavit and its annexures. 6. To start with addressing the questions raised in this Rule Nisi, let us have a glimpse over the amendments which were alleged to ......g out of C.R. Case No.322 of 2005 now pending for trail in the Court of 5th Assistant Metropolitan Sessions Judge, Dhaka should not be declared to have been done without lawful authority. 2. The facts leading to the issuance of the Rule, in brief are: Respondent No.3 as the complainant lod..Category: Criminal Law, Procedural Law | Date: 12 Mar, 2008 | Hits: 5
Jaibar Ali Fakir Vs. State, 2008, 37 CLC (HCD)
....o the voluntaries of any confession recorded. Send down the lower Court records with a copy of this judgment, immediately. Ed. This Case is also Reported in: 61 DLR (HCD) (2009) 208. ...... for special consideration for children who come face to face with the law. They are dealt with differently due to their immaturity and vulnerability. By the same token, children who are produced for questioning by the police or of recording their statement by a Magistrate under section 164 of the C...... 12 of 1991 which was renumbered as Jail Appeal No. 4954 of 1991 (Dhaka) and also regular Criminal Appeal No. 259 of 1985 (Rangpur) renumbered as Criminal Appeal No. 4953 of 1991 (Dhaka). 2. The facts of the case, in brief, are that on 1st Falgun, 1387 BS corresponding to 13-2-81 deceased Meher..Category: Women and Children | Date: 6 Mar, 2008 | Hits: 113
Jaibar Ali Fakir Vs. The State, 2008, 37 CLC (HCD)
....corded. Send down the lower Court records with a copy of this judgment, immediately. AFM Abdur Rahman J.-I agree. This Case is also Reported in: 16 MLR (HCD)(2013) 167. ......ommit.” 15. According to child witness expert Richard Leo, “[a] false confession is the natural consequence of police toughness on young adults.” Police tactics, including the use of leading questions and the presentation of false evidence, can be extremely persuasive to children, who are n......2 of 1991 which was renumbered as Jail Appeal No. 4954 of 1991 (Dhaka) and also regular Criminal Appeal No. 259 of 1985 (Rangpur), renumbered as Criminal Appeal No. 4953 of 1991 (Dhaka). 2. The facts of the case, in brief, are that on 1st Falgun, 1387 B.S. corresponding to 13.2.81 deceased Meh..Category: Women and Children | Date: 6 Mar, 2008 | Hits: 174
Kazi Ali Ahmed Vs. Mohammad Nurunnabi and others, 2008, 37 CLC (HCD)
....Court at the time of issuance of rule is hereby vacated. The lower Courts record be sent down at once with a copy of the judgment. Ed. This Case is also Reported in: 30 BLD (HCD) (2010) 300. ...... decision in the case Khurshid Ali and others Vs. Noorjahan Bewa and others reported in 15 BLD (AD) 82 where in it has been held that:- "When the appellate Court as the final Court of fact decides questions of fact and records its findings on consideration of the evidence on record, the High Cour...... plaintiffs were made party namely, Kuti Bibi who died long before in the year of 1974, Dawlat Bibi who died in the year of 1982, Rahela Bibi died in the year of 1984 and by suppressing the aforesaid facts the defendants fraudulently obtained a decree in Title Suit No.9 of 1998 and by practicing fra..Category: Property Law | Date: 5 Mar, 2008 | Hits: 28
Mrs. Rehan Parvin @ Shohely Parvin Vs. State and another, 2008, 37 CLC (AD)
....n view the above, 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: 21 BLT (AD) (2013)11.......on of the marriage, for maintaining the family but there is allegation that the accused petitioner after breaking the mutual trust misappropriated the huge amount given to her by the complainant, the question of exhausting the money for maintaining the family does not hold good. It appears that the ......Respondents Judgment February 19, 2008. Result: The petition is dismissed. When the matter is at the stage of taking deposition, the case should not be quashed unless the same is on preposterous facts apparent to the complaint petition.......................(6) Lawyers Involved: M. Moksadul I..Category: Procedural Law | Date: 19 Feb, 2008 | Hits: 6
Commissioner of Taxes Vs. Oriental Real Estate Ltd, 2008, 37 CLC (HCD)
.... and against the assessee with cost. The cost is assessed Taka 15,000 for each reference. Communicate at once. Ed. This Case is also Reported in: 60 DLR (HCD) (2008) 506. ......p;………Applicant Vs. Oriental Real Estate Ltd…………………Respondent Judgment February 18, 2008 Result: The question formulated for determination answered in the negative for the revenue and ag...... common, we heard them together and now, dispose of them by this judgment and order. 2. The questions of law referred to this Division for determination are as follows: (1) Whether, on, the facts and in the circumstances of the case, the Taxes Appellate Tribunal was legally justified in up..Category: Fiscal/Taxation Law | Date: 18 Feb, 2008 | Hits: 1
Abdul Khaleque and others Vs. Akhtaruzzaman Mia and others, 2008, 37 CLC (HCD)
....rder of stay as granted at the time of the issuance of the rule is vacated. Send down the lower court records. Ed. This Case is also Reported in: 13 MLR (HCD) (2008) 193. ......rder of stay as granted at the time of the issuance of the rule is vacated. Send down the lower court records. Ed. This Case is also Reported in: 13 MLR (HCD) (2008) 193. ......t land and thus they do not in any way support the defense case on payment of rent in order to prove possession in the suit land. The decision reported in 35 DLR (AD) 216 has no application in the facts of the case before us. In the said decision our Appellate Division took the view that the ren..Category: Property Law | Date: 18 Feb, 2008 | Hits: 7
Farid Miah (Md.) Vs. State, 2008, 37 CLC (HCD)
....t Md. Farid Miah be set at liberty forthwith if not wanted in connection with any other case. Send down the LCR at once. Ed. This Case is also Reported in: 13 BLC (HCD) (2008) 903. ......d and which, if produced, be unfavourable to the party withholding such evidence, the Court can draw a presumption under Illustration (g) to section 114 of the Evidence Act. In such a situation, a question that arises for consideration, is whether the presiding officer of a Court should simply......r, the case was transferred to the learned Additional Sessions Judge, Kishoregonj who held trial. 7. The prosecution examined 11 P.Ws. and the defence examined none. After considering the facts and circumstances of the case and evidence on record, the learned trial Court was pleased t..Category: Criminal Law | Date: 14 Feb, 2008 | Hits: 5
Sefina Ferdousi @ Shimla and another Vs. Jaohar Kabir and others, 2008, 37 CLC (HCD)
....wer Court's Record to the Courts below at once. Communicate the judgment to the Courts below immediately. Ed. This Case is also Reported in: 13 MLR (HCD) (2008) 434; 61 DLR (HCD) (2009) 86. ......passed by the learned 5th Assistant Judge and Family Court Judge, Dhaka in Family Case No.400 of 2005 should not be set aside and or pass such other order or orders may seem fit and proper. 2. The question which falls for determination in this Rule is whether the custody of the child should be re...... this Rule is whether the custody of the child should be restored to his father, the plaintiff-opposite party No.1 (hereinafter referred to as "opposite party".) 3. For disposal of the Rule, short facts are that the opposite party No.1 as plaintiff petitioner filed Family Case No.400 of 2004 stat..Category: Women and Children | Date: 3 Feb, 2008 | Hits: 142
Abdul Latif (Md.) Vs. Mohammad Ali, 2008, 37 CLC (HCD)
....rts below stand maintained. Send down the lower Court records and a copy of the judgment and order to the Court concerned. Ed. This Case is also Reported in: 61 DLR (HCD) (2009) 804. ......mad Ali…………………….Opposite Parties Judgment January 28, 2008. Result: The Rule is discharged without any order as to costs. In a Partition Suit, disputed questions of title may be involved and such questions are to be decided by the Court trying the sui......ion and that the defendants were possessing the land adversely against the plaintiff and the genealogy given by the plaintiff in the plaint is not proper. The plaintiffs have intentionally suppressed facts and have not allotted any share which Ziaullah was entitled as residuary and thus the suit of ..Category: Property Law | Date: 28 Jan, 2008 | Hits: 31
Ilias (Md.) Vs. Md. Zahed Chowdhury (Paban), 2008, 37 CLC (HCD)
....he Court order in filing the documents as relied upon by the plaintiffs in the plaint. There will be no order as to costs. Ed. This Case is also Reported in: 61 DLR (HCD) (2009) 76. ......he Court order in filing the documents as relied upon by the plaintiffs in the plaint. There will be no order as to costs. Ed. This Case is also Reported in: 61 DLR (HCD) (2009) 76. ......he Court order in filing the documents as relied upon by the plaintiffs in the plaint. There will be no order as to costs. Ed. This Case is also Reported in: 61 DLR (HCD) (2009) 76. ..Category: Procedural Law | Date: 28 Jan, 2008 | Hits: 210
Nabab Khan Vs. Commissioner of Taxes, 2008, 37 CLC (HCD)
....erence with our answer to the question in the affirmative for the Revenue Department and against the assesses. No cost. Ed. This Case is also Reported in: 61 DLR (HCD) (2009) 397. ...... of construction as a contractor, security guard supply, wholesale, stevedoring, readymade garments, bricks, etc. He won 22-11-98 submitted his income tax return for the assessment year 1998-99 in question claiming a loss of Taka 10, 24,920. The case was fixed for hearing on several dates pursua......a supplementary affidavit sworn on 15-1-08 the assesses formulated the following question of law superseding the earlier questions of law for determination by this Division: Whether in the facts and on the circumstances of the case, the Appellate Tribunal, Chittagong Bench, Chittagong wa..Category: Fiscal/Taxation Law | Date: 22 Jan, 2008 | Hits: 13
Sultana Hashem Vs. Government of Bangladesh and others, 2008, 37 CLC (HCD)
....haka now detained in Dhaka Central Jail, be set at liberty at once, if not wanted in connection with any other case or cases. Ed. This Case is also Reported in: 28 BLD (HCD) (2008) 668. ...... specific ground justifiable under the Special Powers Act and also stands on the same which is very much absent in the present case. 25. The learned advocate for the petitioner raises the question relates to the power of the government to extend the period of detention exercising the ...... absolute. The Special Powers Act 1974 (Act No. XIV of 1974) Nexus in between the initial order of detention and grounds In case of an initial order of detention, the facts and materials must coexist with the order of detention and the grounds of detention and the..Category: Criminal Law | Date: 21 Jan, 2008 | Hits: 10
Mostafa alias Masta Vs. State, 2008, 37 CLC (HCD)
....stafa alias Masta be set at liberty forthwith if not wanted in connection with any other case. Send down the LCR at once. Ed. This Case is also Reported in: 13 BLC (HCD) (2008) 894. ......stafa alias Masta be set at liberty forthwith if not wanted in connection with any other case. Send down the LCR at once. Ed. This Case is also Reported in: 13 BLC (HCD) (2008) 894. ......ween accused Abdul Aziz and the parents of the informant and that because of that enmity he has been falsely implicated in this case. 7. On consideration of the evidence on record as well as the facts and circumstances of the case the learned Judge, Nari-o-Shishu Nirjatan Daman Adalat, Dinajp..Category: Women and Children | Date: 16 Jan, 2008 | Hits: 27
Md. Amin-Ullah, Advocate and another Vs. Bangladesh and others, 2008, 37 CLC (HCD)
.... rule is discharged without any order as to cost. The order of injunction granted at the time of issuance of the rule stands vacated. Ed. This Case is also Reported in: 14 MLR (HCD) (2009) 264. ......aterial allegation of the writ petition and contending, inter-alia, that the writ petition is not maintainable inasmuch as the writ petition based upon incorrect information it involves controversial question of facts cannot be decided in writ jurisdiction. The correspondences mentioned in the writ ......ioner, Dhaka) came to the local area of Badda and demarcated the land with pucca pillars and accordingly Kanongo and Surveyor demarcated the land for putting pucca pillars. In the back ground of such facts the petitioners and others approached to respondent No.3, Chairman, RAJUK to implement the dec..Category: Property Law | Date: 9 Jan, 2008 | Hits: 20
Humayun Hossain Khan Vs. Government of the People's Republic of Bangladesh, 2008, 37 CLC (HCD)
....ted. Artha Rin Adalat No.3, Dhaka is directed to dispose of the suit expeditiously. Communicate the Judgment at once. Ed. This Case is also Reported in: 61 DLR (HCD) (2009) 513. ...... by the High Court Division in the judgment passed in the Writ Petition No.2526 of 2006 and in the judgment passed by the Appellate Division in Civil Petition for Leave to Appeal No. 608 of 2006. The question of law as to whether section 47 may be applied during the pendency of the suit which was fi...... decided in those judgments. Rather, the Appellate Division did not interfere in that case only for doing complete justice but did not consider the legal aspects involved in the matter. Moreover, the facts and circumstances of that case and the present one are quite distinguishable. Therefore, the s..Category: Banking Law, Civil Law | Date: 8 Jan, 2008 | Hits: 9
Gopal Chandra Das and others Vs. Nikunja Behari Sukra Das and others, 2008, 37 CLC (HCD)
.... made absolute without any order as to the costs. Lower Court record be sent down at once with a copy of the judgment. Ed. This Case is also Reported in: 61 DLR (HCD) (2009) 509. ...... made absolute without any order as to the costs. Lower Court record be sent down at once with a copy of the judgment. Ed. This Case is also Reported in: 61 DLR (HCD) (2009) 509. ......akhilas, Hokum Nama and other connected papers and the judgment of both the Courts below it transpires that the lower appellate Court as well as the trial Court committed error in law as well as on facts. Both the courts below in their judgment observed that the plaintiff has possessed the suit l..Category: Property Law | Date: 7 Jan, 2008 | Hits: 9
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