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Md. Azizur Rahman Vs. Mosammat Nazmun Nahar, 2005, 34 CLC (HCD)
....t aside. The order of stay passed earlier by this Court is hereby vacated. Send down the lower Court records at once. Ed. This Case is also Reported in: 13 MLR (HCD) (2008) 246. ......t aside. The order of stay passed earlier by this Court is hereby vacated. Send down the lower Court records at once. Ed. This Case is also Reported in: 13 MLR (HCD) (2008) 246. ......…Opposite party Judgment July 26, 2005. Result: The Rule is discharged. The Evidence Act, 1872 (Act No. I of 1872), section 35 The voter list and the Nikahnama being public documents the entries made therein have the presumption of correctness under the provisio......he material averments of the plaint stating, inter alia, in short, that the defendant was a minor at the time of alleged marriage having his date of birth as on 9.4.1981. His further case is that the question of his going to the office of the Notary public at Joypurhat with the plaintiff does not ar..Category: Evidence Law | Date: 26 Jul, 2005 | Hits: 169
....d be discharged as being not maintainable.
In the result, both the writ petitions are discharged without, any order as to costs.
Ed.
This Case is also Reported in: 57 DLR (2005) 609.
......d be discharged as being not maintainable.
In the result, both the writ petitions are discharged without, any order as to costs.
Ed.
This Case is also Reported in: 57 DLR (2005) 609.
......ult, both the writ petitions are discharged without, any order as to costs.
Ed.
This Case is also Reported in: 57 DLR (2005) 609.
...... matter to be decided by the Administrative Tribunal under Article 117(2) of the Constitution of the People’s Republic of Bangladesh. He has further submitted that the present case involves the question of the departmental proceedings which is very much within the jurisdiction of the Administr..
Category: Administrative Law, Employment/Service Law | Date: 24 Jul, 2005 | Hits: 8
Masud Rana Vs. National Board of Revenue & others, 2005, 34 CLC (HCD)
....tted automatically and not to place the same before the Bench for the purpose of Admission. Ed. This Case is also Reported in: 29 BLD (HCD) (2009) 382. ......tted automatically and not to place the same before the Bench for the purpose of Admission. Ed. This Case is also Reported in: 29 BLD (HCD) (2009) 382. ......h for the purpose of Admission. Ed. This Case is also Reported in: 29 BLD (HCD) (2009) 382. ......al. It further appears from the Provision of 196F that the wordings "it shall be heard" indicates that as scow as the appeal is registered in the office of the High Court Division, the question of hearing of the said appeal on merit shall arise. The use of the phrase in Section 196G &..Category: Family Law, Women and Children | Date: 24 Jul, 2005 | Hits: 109
Ashraful Alam (Md.) Vs. State, 2005, 34 CLC (HCD)
....petitioner Md. Ashraful Alain, ho is currently on bail, is discharged from his bail bond. Send down the LCR at once. Ed. This Case is also Reported in: 57 DLR (2005) 718. ......petitioner Md. Ashraful Alain, ho is currently on bail, is discharged from his bail bond. Send down the LCR at once. Ed. This Case is also Reported in: 57 DLR (2005) 718. ......ail, is discharged from his bail bond. Send down the LCR at once. Ed. This Case is also Reported in: 57 DLR (2005) 718. ......s see how the prosecution has succeeded in proving the allegation against the accused petitioner. Where the defence case is that the accused petitioner has not at all entered into second marriage the question of taking permission from the Arbitration Council does not arise. The moot point of determi..Category: Family Law | Date: 4 Jul, 2005 | Hits: 2
Pushpa Rani Saha Podder Vs. Rash Mohan Saha, 2005, 34 CLC (AD)
....is of a will executed by her. Defendant No. 1 obtained probate of the will in 1979. In 1984 the plaintiffs brought the suit for declaration of their title to the said property and confirmation of possession therein. An alternative prayer was also made for specific performance of a contract for......ed 15.11.1994 passed by a Single Bench of the High Court Division in Civil Revision No. 1244 of 1987 discharging the Rule. 2. Short facts are that the subject matter of the dispute is a parcel of land with a two storied building which belonged to one Rajeshwar Saha, father of defendant No. 1...... allowed without any order as to costs. Ed. This Case is also Reported in: 16 BLT (AD) (2008) 350; 10 MLR (AD) 345. ......d an error of law requiring interference by us. The appeal is, therefore, allowed without any order as to costs. Ed. This Case is also Reported in: 16 BLT (AD) (2008) 350; 10 MLR (AD) 345. ..Category: Property Law | Date: 4 Jul, 2005 | Hits: 127
Saeeda Yasmin and others Vs. Capital Service Center Ltd and others, 2005, 34 CLC (AD)
....t for sale of land, as such, the High Court Division was not in error in maintaining the order of the trial Court allowing the prayer for amendment. Accordingly the petition is dismissed. Ed. ......the plaint, we are of the view that insertion of the facts sought to be inserted will not change the nature and character of the suit, which is a suit for specific performance of contract for sale of land, as such, the High Court Division was not in error in maintaining the order of the trial Court ...... Supreme Court Appellate Division (Civil) Present: Md. Ruhul Amin J MM Ruhul Amin J Md. Tofazzul Islam J Saeeda Yasmin and others.........................t for sale of land, as such, the High Court Division was not in error in maintaining the order of the trial Court allowing the prayer for amendment. Accordingly the petition is dismissed. Ed. ..Category: Procedural Law | Date: 29 Jun, 2005 | Hits: 98
Md. Abu Aslam Advocate Vs. Rajshahi University and others, 2005, 34 CLC (HCD)
....t Judge, 2nd Court, Rajshahi in Miscellaneous Appeal No.50/2004 is hereby set aside and that of the trial Court is affirmed. Ed. This Case is also Reported in: 26 BLD (HCD) (2007) 5. ......t Judge, 2nd Court, Rajshahi in Miscellaneous Appeal No.50/2004 is hereby set aside and that of the trial Court is affirmed. Ed. This Case is also Reported in: 26 BLD (HCD) (2007) 5. ......urisdiction) Present: Md. Abdul Aziz J Md. Abu Aslam Advocate, Member, Rajshahi District Bar Accociation………………Petitioner Vs. Rajshahi University, Rajshahi being represented by its Vice Chancellor and others…………………………………………......lor and others……………………………………………………………Opposite Parties Judgment June 25, 2005. Result: The Rule is made absolute. The question of maintainability of the suit should be decreed in the main suit on merit after taking ev..Category: Procedural Law | Date: 25 Jun, 2005 | Hits: 7
Golam Hossain Sikder (Md.) and others Vs. Deputy Commissioner & ors, 2005, 34 CLC (HCD)
....alami was paid on 10‑4‑1974; that after settlement by registered kabuliyat the lessee Mofizuddin mutated his name and paid rent and due taxes in his name and while exercising his right, title and possession he (Mofizuddin) by registered deed of exchange dated 22‑10‑1987 exchanged .20 acre of......it No.114 of 1996 dismissing the suit. 2. The facts involved for disposal of the Rule are as follows: The case of the plaintiff-petitioners as per averment of their plaint was that the suit land measuring 0.51 acre of plot No.152 and 0.04 acre of plot No.177 totaling .55 acre of Mouza Dewl...... Ed. This Case is also Reported in: 57 DLR (HCD) (2005) 598. ......rs from the date of the lease or till you have paid the entire amount of salami, whichever is later, if any transfer is made or any charge is created in contravention of these provisions, the land in question shall automatically vest in Government. (12) If you fulfill the conditions of thi..Category: Property Law | Date: 19 Jun, 2005 | Hits: 3
Jamuna Television Limited and another Vs. angladesh and others, 2005, 34 CLC (HCD)
....ing the licence dated 10‑3‑04 are all declared to have been issued without any lawful authority and, as such, of no legal effect. Ed. This Case is also Reported in: 57 DLR (2005) 345. ......elecommunication Policy and the law in arbitrary exercise of the statutory powers. 30. He submitted that upon receipt of the NOC, the JTV already spent Taka 108,43,09,300 for acquisition of land, construction of buildings, installation of various equipment, etc. But the JTV never received ...... been issued without any lawful authority and, as such, of no legal effect. Ed. This Case is also Reported in: 57 DLR (2005) 345. ......ing the licence dated 10‑3‑04 are all declared to have been issued without any lawful authority and, as such, of no legal effect. Ed. This Case is also Reported in: 57 DLR (2005) 345. ..Category: Information Technology Law | Date: 16 Jun, 2005 | Hits: 4
Kazi Mahbubuddin Ahmed alias Mahbub Vs. State, represented by the DC, Dhaka, 2005, 34 CLC (HCD)
....nder section 169 or 170 of the Code, as the case may be, and forward his report to the Magistrate concerned under section 173(2) of the Code. However, even after filing such a report if he comes into possession of further information or material, he need not register a fresh first information report......t of co-convict Md. Belal being a minor, prosecution could take step for his trial under The Children Act and prosecution remained silent and allowed co-convict Md. Belal to be tried under Law of the land by Court of Sessions and not by a Juvenile Court and it did not lie in the mouth of prosecution......on with any other case. Lower Court Records be sent down at once. Ed. This Case is also Reported in: 57 DLR (2005) 513. ......als on record and fact and circumstances of the case, the following points outlast for determination in the appeal or, to put it differently, the destiny of this Appeal hinges on answers to following questions which are: I. Whether prosecution could bring home offence punishable under section 3..Category: Criminal Law, Evidence Law | Date: 15 Jun, 2005 | Hits: 7
Emarat Ali Vs. State, 2005, 34 CLC (HCD)
....ppeal and dispose of the case preferably within 2(two) months from the date of receipt of the record. Send down the LCR at once. Ed. This Case is also Reported in: 57 DLR (2005) 620. ......ppeal and dispose of the case preferably within 2(two) months from the date of receipt of the record. Send down the LCR at once. Ed. This Case is also Reported in: 57 DLR (2005) 620. ......two) months from the date of receipt of the record. Send down the LCR at once. Ed. This Case is also Reported in: 57 DLR (2005) 620. ......ness of treatment. The High Court Division under sections 435 and 439 reserves the power to see that justice is done and subordinate courts do not exceed the jurisdiction or abuse the power. The main question which this Division has to consider in revision is, whether substantive justice has been do..Category: Criminal Law, Limitation Law | Date: 14 Jun, 2005 | Hits: 1
Khaled Ahmed Chowdhury Vs. State, 2005, 34 CLC (HCD)
....ind no merit in the Rule and the same is liable to be discharged. In the result, the Rule is discharged. Ed. This Case is also Reported in: 57 DLR (2005) 694. ......ind no merit in the Rule and the same is liable to be discharged. In the result, the Rule is discharged. Ed. This Case is also Reported in: 57 DLR (2005) 694. ......the result, the Rule is discharged. Ed. This Case is also Reported in: 57 DLR (2005) 694. ...... 90 (ninety) days provided the applicant can show that he was prevented by sufficient cause to move the High Court Division within the said period of 90 days. The revisional Court is to look into the question whether there has been gross negligence on the part of the petitioner or an inordinate dela..Category: Limitation Law | Date: 13 Jun, 2005 | Hits: 2
Mahmuda Begum and others Vs. Chairman, First Court of Settlement and others, 2005, 34 CLC (HCD)
....pur, Dhaka was leased out to the respondent No.3 Abdul Kaiyum by a registered lease deed dated 6-1-1960 for a period of 99 years and pursuant to the lease, the respondent No.3 was given delivery of possession of the case property. Thereafter, the respondent No.3 erected a house on the case propert......dent No.2 is directed to exclude the said case property from the aforesaid 'Ka' List of abandoned buildings within 60 days from date. Ed. This Case is also Reported in: 13 BLC (HCD) (2008) 247. ...... from the aforesaid 'Ka' List of abandoned buildings within 60 days from date. Ed. This Case is also Reported in: 13 BLC (HCD) (2008) 247. ......tting the case property in favour of anybody stating, inter alia, that is the owner-in-possession of the case property by purchase; but during the pendency of the Settlement Case, the property in question was allotted to one Abdul Motaleb and Sheikh Alam. However, at a subsequent stage, the Gove..Category: Property Law | Date: 25 May, 2005 | Hits: 33
Abdul Momen Chowdhury and others Vs. Bangladesh and others, 2005, 34 CLC (HCD)
....respondent No.1 is directed to provide necessary logistic support for the purpose to the respondent No.2. Ed. This Case is also Reported in: 66 DLR (HCD) (2014) 9. ......respondent No.1 is directed to provide necessary logistic support for the purpose to the respondent No.2. Ed. This Case is also Reported in: 66 DLR (HCD) (2014) 9. ......upport for the purpose to the respondent No.2. Ed. This Case is also Reported in: 66 DLR (HCD) (2014) 9. ......that the heart of the parliamentary system is free and fair elections periodically, held, based on a adult franchise, although social and economic democracy may demand much more. So far the question of locus standi of the petitioners is concerned there is no scope of argument against the p..Category: Election Law | Date: 24 May, 2005 | Hits: 11
New Zealand Milk Brands Ltd. Vs. Sanowara Dairy & Industries Ltd. and another, 2008, 37 CLC (HCD)
....de Mark No.66879 in Class-29 be sent to the Respondent No.2 Registrar, Department of Patents, Designs and Trade Marks forthwith. Ed. This Case is also Reported in: 30 BLD (HCD) (2010) 24. ...... Ed. This Case is also Reported in: 30 BLD (HCD) (2010) 24. ......2 Registrar, Department of Patents, Designs and Trade Marks forthwith. Ed. This Case is also Reported in: 30 BLD (HCD) (2010) 24. ......ration in favour of the Opposite Party No.1. It is contended that such grant of registration is contrary to law resulting in confusion amongst traders and buyers about the true origin of the goods in question. The business fallout has been that the Petitioner has been suffering in terms of decreasin..Category: Intellectual Property Law | Date: 21 May, 2005 | Hits: 187
Muzaffar Hossain Sarker (Md.) Muzaffar Hossain Sarker (Md.) Vs. State, 2002, 31 CLC (HCD)
....far Hossain Sarker who is currently on bail is discharged from his bail bond. Send down the LCR at once. Ed. This Case is also Reported in: 57 DLR (2005) 711. ......far Hossain Sarker who is currently on bail is discharged from his bail bond. Send down the LCR at once. Ed. This Case is also Reported in: 57 DLR (2005) 711. ......charged from his bail bond. Send down the LCR at once. Ed. This Case is also Reported in: 57 DLR (2005) 711. ......hmed and Bachchu Patwary might have submitted the forged document in order to put the accused in trouble. Since the accused appellant is denying that he has not filed the alleged certificate then the question does not arise whether he had knowledge about the forged certificate or not. One of the ing..Category: Criminal Law | Date: 16 May, 2005 | Hits: 3
State Vs. Md. Mominul, Md. Kalam, A. Rouf & A. Sabur, 2005, 34 CLC (AD)
.... the accused-respondents in the case are hereby set aside and the accused respondents are directed to appear before the trial Court to face the trial in accordance with law. Ed. ...... the accused-respondents in the case are hereby set aside and the accused respondents are directed to appear before the trial Court to face the trial in accordance with law. Ed. ...... aside and the accused respondents are directed to appear before the trial Court to face the trial in accordance with law. Ed. ...... and the said proceedings should not be generally interfered with at an interlocutory stage in exercise of the inherent jurisdiction provided under section 561A of the Code. But a pertinent question may be posed as to when and under what circumstances the said jurisdiction can and sho..Category: Criminal Law | Date: 16 May, 2005 | Hits: 105
Sec. Min. of Works and Urban Dev., Govt. of BD & ors Vs. Rowshan Ara Begum & anr, 2005, 34 CLC (AD)
....efore the Magistrate, First Class, Dhaka on 14‑7‑1973, that Sahera Khatun gifted the property in presence of Amanullah Munsiff, Abdul Hashim and Md Riazuddin, that Sahera Khatun delivered possession of the gifted property to the donee, Anwari Khatun and she on 22‑10‑1979 tran......background of the discussions made hereinabove we find merit in the appeal. 18. Accordingly, the appeal is allowed. There is no order as to costs. Ed. ......ly, the appeal is allowed. There is no order as to costs. Ed. ......This appeal, by leave, is against the judgment dated November 3, 1991 of the High Court Division in Writ Petition No. 448 of 1988 making the Rule absolute and thereupon declaring that the property in question has been listed in the 'Kha' list of the abandoned buildings without lawful authority and t..Category: Property Law | Date: 15 May, 2005 | Hits: 120
Jamuna Builders Ltd. and another Vs. Rajdhani Unnayan Kartripakkha and another, 2005, 34 CLC (HCD)
....ied Complex. He has pointed out that at the time of submission of the application for approval of the plain on 12‑9‑01 the petitioner submitted all the required documents as regards the title and possession and at the direction of respondents the petitioner submitted some more documents, namely,...... owns about 20 industrial units. The petitioner No.1 company for the purpose of constructing the said unit of modern multi‑storied residential-cum-commercial complex purchased 2500 decimals of land in CS khatian Nos.221, 208, 422, 85, 62,101, 174, 210, 82 ka, 48‑52, 54, 165, 179 and CS plot......, the Rule is made absolute. There will be no order as to cost. Ed. This Case is also Reported in: 57 DLR (2005) 762. ......প্রতীয়মান হয়। The Deputy Collector, Dhaka (Revenue) vide its memo dated 4‑12‑02 informed the respondent No.2 that the petitioner No.1 has valid title over the land in question. The respondent No.2, instead of giving the formal approval to the proposed plan, was delib..Category: Administrative Law, Company Law | Date: 9 May, 2005 | Hits: 9
Debobrota Baiddya @ Debu Vs. State, 2005, 34 CLC (HCD)
....ri-o-Shishu Nirjatan Daman Ain, 2000, briefly the Ain, consists of two sub-sections. Sub-section (1) provides that whoever imports or exports for immoral purpose or for same purpose aforesaid obtains possession or Jimma or custody of any child shall be punished with death or imprisonment for life an......ganj PS Case No. 3 dated 3-11-2002 under sections 6/7 of the Nari-o-Shishu Nirjatan Daman Ain, 2000 and he be discharged from his bail bonds. Ed. This Case is also Reported in: 58 DLR (2006) 71.......ns 6/7 of the Nari-o-Shishu Nirjatan Daman Ain, 2000 and he be discharged from his bail bonds. Ed. This Case is also Reported in: 58 DLR (2006) 71.......ganj PS Case No. 3 dated 3-11-2002 under sections 6/7 of the Nari-o-Shishu Nirjatan Daman Ain, 2000 and he be discharged from his bail bonds. Ed. This Case is also Reported in: 58 DLR (2006) 71...Category: Women and Children | Date: 9 May, 2005 | Hits: 84
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