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Md. Maksudur Rahman @ Masud and others Vs. State, 2007, 36 CLC (HCD)
....r of stay stands vacated. Communicate the order to the Court below to proceed with the case expeditiously in accordance with law. Ed. This Case is also Reported in: 13 MLR (HCD) (2008) 261. ......ision that an application under Section 561A of the Code will be pre-nature unless the accused-petitioner had gone through the stages under Section 241A or 265C of the Code is not consistent with the principles of law already settled. From a careful reading of the aforesaid decisions reported in 7 B...... orders passed as to this Court may seem fit and proper. 2. One Iqbal Kabir lodged an ejahar with the Kotwali Police Station, Barisal alleging, inter alia, that on 18.12.2000 at about 8:00 p.m. informant's daughter Mohoshena Begum @ Era aged about 5 years was lost from the residence of his fathe......r of stay stands vacated. Communicate the order to the Court below to proceed with the case expeditiously in accordance with law. Ed. This Case is also Reported in: 13 MLR (HCD) (2008) 261. ..Category: Criminal Law | Date: | Hits: 24
Narayan Dash Vs. Md. Mostofa and others, 2007, 36 CLC (HCD)
....t is hereby affirmed. The order of stay granted earlier by this Court is hereby vacated. Send down the lower Court records at once. Ed. This Case is also Reported in: 13 BLC (HCD) (2008) 63. ......te Court below also found that the resolution dated 14-6-1997 does not show that the plaintiff was given an opportuÂnity of self-defence and that the order of removal of the plaintiff is against the principle of natural justice. Trial Court relied on the decision in the case of Rafiqul Alam Vs. Sec......anj, Noakhali in Title Suit No.156 of 2002 should not be set aside. 2. Fact leading to this Rule, in brief, is that the opposite party No.1 as plaintiff instiÂtuted the suit against the defendant for declaÂration that his removal from the post of HeadÂmaster of the Suit School is illegal, inop......t is hereby affirmed. The order of stay granted earlier by this Court is hereby vacated. Send down the lower Court records at once. Ed. This Case is also Reported in: 13 BLC (HCD) (2008) 63. ..Category: Employment/Service Law | Date: | Hits: 29
Yunus Ali and another Vs. State, 2008, 37 CLC (HCD)
....Tribunal in order to serve out the remaining period of their respective sentence. Send down the LCR with a copy of judgment at once. Ed. This Case is also Reported in: 61 DLR (HCD) (2009) 793. ......Tribunal in order to serve out the remaining period of their respective sentence. Send down the LCR with a copy of judgment at once. Ed. This Case is also Reported in: 61 DLR (HCD) (2009) 793. ......ibunal No. 2, Khulna in Special Tribunal Case No. 319 of 1997 convicting the accused appellants under section 25A of the Special Powers Act and sentencing each of them to suffer rigorous imprisonment for 10 years and to pay a fine of Taka 5000 in default to suffer rigorous imprisonment for 6 (six) m......n the case of Abul Bashar (Md.) @ Abul Bashar Vs. State reported in III BLC 673 and in the case of Ayub Ali alias Md. Ayub Ali reported in 5 BLC 345 in support of his contention. 15. The point for determination is, whether the counterfeit currency notes were recovered from the appellants while th..Category: Criminal Law | Date: | Hits: 134
Ashek Ali (Md.) and others Vs. Abdul Gaffar & others, 2010, 39 CLC (HCD)
....ordinate Judge, (Arbitration), Dhaka in Title Suit No.73 of 1997 is hereby set aside. Send down the lower Court's record at once. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 384. ......he same is not a divisible one. 21. We have also noticed that the case relied on by the learned Counsel for the respondents reported in 26 DLR 347 and having gone through the same we find that the principle of law enunciatÂed in that case also do not come in aid of the learned Counsel for the re......e dated 30-7-2000 passed in Title Suit No.133 of 1993 re-numbered as Title Suit No.73 of 1997, by the learned Sub-ordinate Judge, now Joint District Judge, Arbitration Court, Dhaka decreeing the suit for Specific Performance of Contract. 2. Facts, in a nutshell, giving rise to this appeal are tha......land and possession whereof has not yet been obtained by them fully but in that case too. considering a good member of heirs left behind by the Nazar Ali, we are not supposed to embark upon a task of determination of specific shares obtained by those defendant Nos.8-10 and under such cirÂcumstances..Category: Civil Law | Date: | Hits: 133
Sunil Kumar Ghosh & others Vs. State & others, 1986, 15 CLC (HCD)
....ditional District Judge court set aside and those of the learned Subordinate Judge are restored. There shall be no order as to costs. Ed. This Case is also Reported in:39 DLR (HCD) (1987) 377. ......ditional District Judge court set aside and those of the learned Subordinate Judge are restored. There shall be no order as to costs. Ed. This Case is also Reported in:39 DLR (HCD) (1987) 377. ......ict Judge, Patuakhali in Title Appeal No.37 of 1978 reversing those of the learned Subordinate Judge of that place in Title Suit No.102 of 1976. 2. The petitioners, as plaintiffs, brought the suit for a declaration that the enemy proÂperty proceeding as described in schedule 'Ka’ to the plaint......o further order of vesting as required under sub-rule (i) (b) of Rule 182 appears to have been made with respect to such enemy property not connected with an enemy firm. 23. The real criterion for determination whether a particular property is a vested proÂperty or not, therefore, seems to be wh..Category: Property Law | Date: | Hits: 64
Mir Niaz Mohammad Vs. Additional District Judge and others, 2007, 36 CLC (HCD)
....y order as to costs. The order of stay granted at the time of issuance of the Rule stands vacated. Communicate the order at once. Ed. This Case is also Reported in: 13 BLC (HCD) (2008) 108. ......y order as to costs. The order of stay granted at the time of issuance of the Rule stands vacated. Communicate the order at once. Ed. This Case is also Reported in: 13 BLC (HCD) (2008) 108. ......t 9, 2007. Result: The Rule is discharged. Writ Jurisdiction Since the Bankruptcy Act is a special law and special provision having been provided in section 96 of the Bankruptcy Act, 1997 for preferring appeal against the Judgment and decree passed by the Bankruptcy Court and therefore, ......9 which demonsÂtrates that the petitioner did not come before this Court with clean hands. Finally, Mr. Mamnur Rashid submits that the allegation made by the petitioner in the Writ Petition involves determination of question of facts and for which remedy lies in the Civil Court not under the summar..Category: Procedural Law | Date: | Hits: 114
Abdur Rahim and 6 others Vs. Government of Bangladesh and others, 1996, 25 CLC (HCD)
.... laws and rules applicable to the teachers and staff of the nationalised colleges of Bangladesh. There will be no order as to cost. Ed. This Case is also Reported in:48 DLR (HCD) (1996) 538. ......Financial Corporation Vs. M/s Lotus Hotels Pvt. Ltd. AIR 1983 (SC) 848; MP Sugar, Mills Vs. State of UP AIR 1979 (SC) 621 and 1981 BLD (AD) 91, In the aforesaid cases their Lordships have settled the principle of promissory estoppel. Once the Government authority makes a promise and in pursuance of ...... 3. Annexures‑A and B to this application show that by a notice dated 30‑9‑86 and by another notice dated 8‑9‑87 the Governing Body of the Cheora College Authority published advertisement for appointment of Lecturers and Demonstrators in the aforesaid college. In pursuance of those adver...... laws and rules applicable to the teachers and staff of the nationalised colleges of Bangladesh. There will be no order as to cost. Ed. This Case is also Reported in:48 DLR (HCD) (1996) 538. ..Category: Employment/Service Law | Date: | Hits: 72
Abdus Samad and others Vs. Felu Hossain and others, 2009, 38 CLC (HCD)
....dverse possession is to be ignored. Send down the lower Court records, along with a copy of this Judgment. No order asto costs. Ed. This Case is also Reported in: 15 MLR (HCD) (2010) 89. ......the fact the licensee. 19. From the statements of P.W.1 and 2 and the two D.Ws.1 find nothing to indicate that defendants by conduct or otherwise admitted their possession as licensees. 20. The principle laid down by the Appellate Division in the case of Abdus Samad and others Vs. Deputy Commi......ertain land as licensees. The issue is whether the Courts below committed an error of law occasioning in failure of justice in deciding that the defendants-opposite parties are not licencees and therefore not liable to be ejected. An incidental legal issue in this case is whether a licence is a heri......dverse possession is to be ignored. Send down the lower Court records, along with a copy of this Judgment. No order asto costs. Ed. This Case is also Reported in: 15 MLR (HCD) (2010) 89. ..Category: Civil Law | Date: | Hits: 123
Bayazid (Md.) Vs. State, 2009, 38 CLC (HCD)
....ired any where to remove the possibility of doubt being arisen in interpreting any provision of the said Penal Statute and the Rules. Ed. This Case is also Reported in: 61 DLR (HCD) (2009) 772. ......ired any where to remove the possibility of doubt being arisen in interpreting any provision of the said Penal Statute and the Rules. Ed. This Case is also Reported in: 61 DLR (HCD) (2009) 772. ...... Party No. 2. Criminal Miscellaneous No. 1505 of 2009. Judgment MR. Hasan J. - By this application under section 561A of the Code of Criminal Procedure, one petitioner Mohammad Bayazid prays for quashing the proceedings of Special Case No. 3 of 2009 corresponding to GR Case No. 451 of 2007 ......nd can be determined accordingly then there is no bar, as in the case under consideration, on interference under section 561A of the Criminal Procedure Code for deciding upon such question. But, when determination of such question would require evidence to be taken in the course of trial, then prope..Category: Anti-Corruption Laws | Date: | Hits: 44
Abdul Hamid Mollah Vs. Md. Abdul Hye and others, 1997, 26 CLC (HCD)
....ent and decree dated 29‑8‑88 passed by the learned Assistant Judge, Kumarkhali, Kushtia is set aside without any order as to cost. Ed. This case is also Reported in:49 DLR (HCD) (1997) 428. ...... & others Vs. Muslim Khan and others reported in 8 DLR 606. The relevant portion of the said Judgment regarding the scope of section 41 of the Transfer of Property Act reads as under: "It is a principle of natural equity which must be universally applicable that, where one man allows another ...... decreeing the suit. 2. The fact involved in this case, in brief, is that the plaintiff‑petitioner filed Title Suit No.84 of 1986 in the Court of the Assistant Judge, Kumarkhali Upazila, Kushtia for a declaration that the defendant Nos.1 and 2 are his Benamders and he has title in the suit land......ent and decree dated 29‑8‑88 passed by the learned Assistant Judge, Kumarkhali, Kushtia is set aside without any order as to cost. Ed. This case is also Reported in:49 DLR (HCD) (1997) 428. ..Category: Civil Law | Date: | Hits: 59
Mohammadullah Vs. Abu Taher and others, 2009, 38 CLC (HCD)
....ed. Office is directed to send down the records of the case at once with a copy of judgment for information and necessary action. Ed. This Case is also Reported in: 61 DLR (HCD) (2009) 755. ......judgment and decree which cannot be sustained in the eye of law. 20. In the case of Hajarilal Mondal Vs. Md. Mozaffor Bepari reported in 8 BLC (AD) 77 wherein it has been held: "It is a settled principle of law that the lower appellate Court being final court of fact will have to discuss and r......r and others…………..Opposite Parties Judgment March 9th, 2009. Result: The Rule is made absolute without any order as to costs. Case Referred to- Hajarilal Mondal Vs. Md. Mozaffor Bepari, 8 BLC (AD) 77. Lawyers Involved: Md. Abdul Awal with Chowdhury Nasima, Advocates â......ed. Office is directed to send down the records of the case at once with a copy of judgment for information and necessary action. Ed. This Case is also Reported in: 61 DLR (HCD) (2009) 755. ..Category: Civil Law | Date: | Hits: 48
Dabiruddin Mia and others Vs. Mothaharuddin Miah and others, 2006, 35 CLC (HCD)
....is set aside and the miscellaneous case is dismissed. There is no order as to costs. Send down the lower Court record at once. Ed. This Case is also Reported in: 27 BLD (HCD) (2007) 180. ...... but registered earlier. The criterion in such cases for the purpose of determining when the sale takes effect is not the date of registration but the date of execution of the deed itself. 18. The principle expressed in the case referred to above fully applies in the facts and circumstances of th......l Haq-For the Opposite Party No.1. Md. Mojibur Rahman-For the Opposite Parties. Civil Revision No.1089 of 1996. Judgment Quamrul Islam Siddiqui J.- This rule was issued on an application for revision made by the pre-emptee-petitioner under section 115(1) of the Code of Civil Procedure (......is set aside and the miscellaneous case is dismissed. There is no order as to costs. Send down the lower Court record at once. Ed. This Case is also Reported in: 27 BLD (HCD) (2007) 180. ..Category: Property Law | Date: | Hits: 38
Md. Nur Hossen Vs. State, 2007, 36 CLC (HCD)
....pellant Nur Hossen shall be set at liberty on his serving the remaining portion of sentence, if any. Send down the L.C.R at once. Ed. This Case is also Reported in: 13 MLR (HCD) (2008) 251. ......or retrospective. It can be profitably said that the Code of Criminal Procedure is not a substantive law but a procedural law prescribing procedure. So far as procedural law is concerned, the general principle is that alterations in procedure are retrospective unless there are some good reason again.......S Case No.14 dated 03.01.1999 corresponding to GR Case No.359 (Purbo) of 1999 convicting the appellant Nur Hossen under section 19 A of the Arms Act and sentenced him to suffer rigorous imprisonment for 10 (ten) years. 2. The prosecution case, in short, is that on 03.01.1999 one Sub-Inspector En......judgment and order dated 24.08.2002 passed by the learned Judge, Metropolitan Special Tribunal No.6, Dhaka the appellant preferred this criminal appeal before this Division. 11. The only point for determination is whether the learned Judge, Metropolitan Special Tribunal No.6, Dhaka is justified i..Category: Criminal Law | Date: | Hits: 77
....red by my brothers, Surendra Kumar Sinha, J. and Syed Mahmud Hossain, J.
I agree with the reasoning and findings given by Syed Mahmud Hossain, J.
Ed.
This Case is also Reported in:
......e leave granting order.
The State Acquisition and Tenancy Act, 1950
The aim and object of promulgating this Act is mainly in liquidation of rent receiving interests of land-lords. The main principle on which this statute was promulgated from a socialist point of view, and egalitarian outl......
Judgment
August 7, 2012.
Result:
Civil Appeal No.256 of 2009 and Civil Appeal Nos.254-255 of 2009 are dismissed.
Civil Appeal No.253 of 2009 is allowed.
Civil Petition for Leave to Appeal No.1689 of 2006 is accordingly disposed of.
Cases Referred to-
Duck Vs......ld have impact on the implementation of various housing projects by individuals and private companies, I would like to express my opinion on the questions separately.
2. Short facts relevant for determination of the points in these matters are that Bangladesh Environment Lawyers Association (BE..
Category: Environmental Law | Date: | Hits: 434
Mst. Rahima Khatun and another Vs. Sree Monoranjon Saha and others, 2006, 35 CLC (HCD)
....e impugned judgment dated12.04.1990 (decree signed on 18.04.1990) is hereby affirmed. Send down the lower Court's records at once. Ed. This Case is also Reported in: 13 MLR (HCD) (2008) 334. ......Court and obtained the present Rule. 7. Mr. A. Y. Ahmed Ali, the learned Advocate appearing for the petitioners submits that the trial Court as well as the appellate Court overlooking the cardinal principle of Hindu Law which are universally applicable that a Hindu Widow without legal necessity c...... 2. Facts, in short, are that the Plaintiff-Appellant-Petitioners instituted Title Suit No.400 of 1981 in the Court of learned Munsif, Satkhira impleading the opposite parties as defendants praying for a decree for title and confirmation of possession in the suit land stating, inter alia, that tot......e impugned judgment dated12.04.1990 (decree signed on 18.04.1990) is hereby affirmed. Send down the lower Court's records at once. Ed. This Case is also Reported in: 13 MLR (HCD) (2008) 334. ..Category: Property Law | Date: | Hits: 57
Momin Miah & others Vs. Md. Shafiullah Patwari and others, 2007, 36 CLC (HCD)
....umstances of the case, I direct the parties to bear their respective costs. Lower Courts Records are sent down to Courts concerned. Ed. This Case is also Reported in: 13 BLC (HCD) (2008) 86. ......re the Court can proceed to give a Judgment under Order LX, rule 13 if a party satisfies a Court that summons were not duly served upon him, the Court is bound to set aside an ex parte decree. The principle laid down in the Judicial authority is equally applicable in a suit for setting aside an o......Mandal, 26 DLR 3; Abdur Rashid Vs. Abdul Barik, 35 DLR (AD) 162 = 1984 BLD (AD) 83 . Lawyers Involved: Shah Monzurul Hoque, Advocate - For the Petitioners. Mohammad Abul Kashem Bhuiyan for AB Roy Chowdhury, Advocate - For Opposite Party No.1. Civil Revision No.5369 of 2000. ......47 and Nur Ahmed Vs. Moktar Ahmed and others, 41 DLR 84 had been referred to from the Bar. 18. In the wake of rival contentions advanced by learned Counsels of both sides, points which outlast for determination in this Civil Revision case are: i. Whether non-service of summons upon plaintiff-o..Category: Property Law | Date: | Hits: 64
Advocate Manzill Murshid and others Vs. Bangladesh, 2011, 40 CLC (HCD)
....mendation by the Parliamentary Sub-Committee on Law Justice Parliamentary Sub-Committee was published, without delay. Gobinda Chandra Tagore J. - I agree. Ed. This Case is also Reported in: ...... the Judges of the Supreme Court of Bangladesh, increased. They were also urged to take steps as per the report. 8. On 4.6.2009 the Secretary Ministry of Law, Justice and Parliamentary Affairs, on principle, endorsed the proposed sums and transmitted the same to the Ministry of Finance for their ......D 104); Gouriet Vs. Union of Post Office Workers, 1978, AC 435; Associated Provincial Picture Houses Ltd. Vs. Wednessbury Corporation (1948, 1KB 223);Council of Civil Service Association Vs. Minister for Civil Service, Popularly Known as GCHQ Case (1985 AC 374); Padfield Vs. Minister of Agriculture ......mendation by the Parliamentary Sub-Committee on Law Justice Parliamentary Sub-Committee was published, without delay. Gobinda Chandra Tagore J. - I agree. Ed. This Case is also Reported in: ..Category: Constitutional Law | Date: | Hits: 413
....clared to have been passed without lawful authority and is of no legal effect.
Communicate a copy of the judgment.
Mohammad Bazlur Rahman J. - I agree.
Ed.
This Case is also Reported in:
...... the parties can be reappraised in a proceeding under rule 42A of the Tenancy Rules. We are also unable to accept the contentions of Mr. Moinuddin that the writ petitioners’ appeals were hit by the principle of res judicata or that in obtaining orders in the appeals, they had committed fraud upon ......ases and thereby canceling D.P. Khatian Nos. 1712 and 1713 prepared in the names of writ petitioners in compliance with a common order passed in Appeal Nos.6282 and 6284 of 2010.
3. Facts relevant for disposal of the Rules, in brief, are that the land measuring 69 decimals or thereabout appertain......clared to have been passed without lawful authority and is of no legal effect.
Communicate a copy of the judgment.
Mohammad Bazlur Rahman J. - I agree.
Ed.
This Case is also Reported in:
..
Category: Property Law | Date: | Hits: 65
Sonali Bank and another Vs. Chandon Kumar Nandi, 1994, 23 CLC (HCD)
.... Judgment and decree passed by the learned District Judge are hereby set aside and those of the learned Assistant Judge are restored. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 330. ......t of Sonali Bank employee is contained in regulation 11(3) of the Sonali Bank Service Regulation and the manner of termination of temporary employment is contained in Regulation No.13. In view of the principle as laid down in the decision referred to Âabove and in view of clear provisions as contai......e absolute. Civil Court had no jurisdiction to entertain the suit of a 'worker' as defined in the Employment of Labour (Standing Orders) Act, 1965 as the remedy of his grievance lies in a separate forum, the Labour Court................................(20) Cases Referred to- Abdul Mannan Si...... Judgment and decree passed by the learned District Judge are hereby set aside and those of the learned Assistant Judge are restored. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 330. ..Category: Labour and Industrial Law | Date: | Hits: 137
Md. Golam Mostafa Vs. State, 2010, 39 CLC (HCD)
....is hereby quashed. The order of stay granted at the time of issuance of the rule is hereby vacated. Communicate the order at once. Ed. This Case is also Reported in: 15 MLR (HCD) (2010) 337. ......is hereby quashed. The order of stay granted at the time of issuance of the rule is hereby vacated. Communicate the order at once. Ed. This Case is also Reported in: 15 MLR (HCD) (2010) 337. ......r in Special Case No.24 of 2004 arising out of G.R. Case No.155 of 2000 (Sadar) corresponding to Bogra P.S. Case No.49 dated 13.02.2000 under sections 406/420/409/109 of the Penal Code, now pending before the Court of Special Judge, Bogra, should not be quashed and/or such other or further order or ......proceedings is not warranted. Hence, the rule is liable to be discharged. However, state found it difficult to controvert other submissions made/advanced on behalf of the petitioner. 8. Points for determination in this case are (I) whether continuation of the impugned proceedings, in the facts an..Category: Criminal Law | Date: | Hits: 97
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