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Abdul Kader Khan Vs. Rajshahi Co-operative Town Society Ltd, 2002, 31 CLC (HCD)
....er instituted the Rent Control Case No.245 of 1983 before the Controller against the opposite party with the prayer to make necessary repairing works and construction of room No.9 and also for taking proper measures in making repairs and maintenance of latrine and water lines within the reasonable t......r Razzaque J.- This Rule arises out of an application under section 115(1) of the Code of Civil Procedure (Act V of 1908) at the instance of the petitioner-appellant petitioner A Kader Khan and is directed against the judgment and order dated 29-9-1994 passed by the learned Subordinate Jud...... Sadar in (Rent Control) Miscellaneous Case No.245 of 1983 is confirmed. Send down the LCR to the Court concerned at once. Ed. This Case is also Reported in: 54 DLR (HCD) (2002) 633. ..Category: Tenancy Law | Date: 29 Apr, 2002 | Hits: 3
Gouri Das and ors. Vs. ABM Hasan Kabir and others, 2003, 32 CLC (AD).
....cie, wrongful and secondly, the title of the person, in this case the plaintiff-respondent, against whom long possession is claimed is not proved. Plaintiff respondent having proved title in the suit property defendant appellant’s claim of long possession cannot save them…………..(20) ......05) 449, 635. ...... 12. Title Suit No. 172 of 1985 was filed by AB Hasan for declaration that the creation of a municipal holding in the name of Hari Prasad in respect of six huts standing in the suit land was illegal. 13. The trial Court after hearing three suits analogously dismissed the suits and al..Category: Tenancy Law | Date: 9 Apr, 2002 | Hits: 148
Aroti Rani Paul Vs. Sudarshan Kumar Paul and others, 2002, 31 CLC (AD)
....ed. The Enemy Property (Continuance of Emergency Provision) Ordinance, 1969 (I of 1969), Section 2 With the repeal of Ordinance no 1 of 1969 on 23-03-1974 no vested property case can be started thereafter on the basis of the law already dead………………(14) &...... Present: Mainur Reza Chowdhury J Syed JR Mudassir Husain J Aroti Rani Paul ................Appellant Vs. Sudarshan Kumar Paul and others ..................Respondents Judgment April 1, 2002. ......at the order passed by defendant No. 2, the Additional Deputy Commissioner (Re‑venue), Dinajpur on 12‑10‑1976 in VP Case No. 15(JA) FU/76‑77 treating the suit property as vested property is illegal, void and not binding upon the plaintiff. 3. Plaintiffs case, inter alia, is that ..Category: Family Law | Date: 1 Apr, 2002 | Hits: 181
Chowdhury Mahmood Hasan and others Vs. Bangladesh and others, 2002, 31 CLC (HCD)
.... petitioners claim that the matter raised in the petition involve breaches of constitutional obligations and statutory duties by and on behalf of the respondent Nos. 1, 2 and 3 in dealing with public property in clear violation of legal mandates and public policies. So, as conscious citizens of this...... (2002) 537. ......ubsequent approval to transfer the licence to the ETV Ltd (Annexure-"H") should not be declared to have been entered into and granted unlawfully and without lawful authority and to be of no legal effect. 2. In this Writ petition two of the petitioners (Nos.1 and 3) are professors of D..Category: Information Technology Law | Date: 27 Mar, 2002 | Hits: 7
Mahmood Alam (Md.) and another Vs. Moklesur Rahman Bhuiya, 2002, 31 CLC (HCD)
....ns relied upon by the learned Counsels. 12. In Mst Golam Ilahi Vs. Md. Waris Khan, 10 DLR (FC) 174 elder brother instituted the suit against his uterine sister for possession of his share in the property left by their mother on the ground that after her marriage in 1938 she lost her interest in......LR (HCD) (2002) 523. ......yat. Then, Hafez Noor Mohammad died leaving three sons, Matiur Rahman, Nurul Huda Miah and Nurul Hoq Miah, two daughters, Mabia Khatun and Rahima Khatun and a wife, Afserunnessa as his only heirs and legal representatives. Then Matiur Rahman and others agreed to sell the suit land to Habib Box and N..Category: Property Law | Date: 27 Mar, 2002 | Hits: 4
Alfazuddin Mollah and ors. Vs. Md. Almas Chokder and anr., 2004, 33 CLC (AD)
.... on the specific allegation made by the pre-emptor then the matter is required to be ascertained by adducing evidence in the trial court to find out the nature of transaction and to decide the case properly …………. (10) Lawyers Involved: ...... Ed. ...... a pre‑emption proceeding the actual nature of transaction cannot be gone into and rightly decided, the case and, as such, the impugned order of the High Court Division does not suffer from any legal infirmity. 9. The moot question in this appeal is, whether the deed under challen..Category: Property Law | Date: 16 Mar, 2002 | Hits: 95
Abu Taher Bhuiyan Vs. Lal Mohon Mondal and others, 2002, 31 CLC (HCD)
....he result, the Rule is discharged without any order as to costs. The stay order granted earlier by this Court is hereby vacated. Ed. This Case is also Reported in: 54 DLR (2002) 604. ......e Court High Court Division (Civil Revisional Jurisdiction) Present: SK Sinha J Abu Taher Bhuiyan.…………..Petitioner Vs. Lal Mohon Mondal and others ………. Opposite Parties Judgment March 6, 2002. Resul....... 2 disclaiming the suit land and the Court below kept the said affidavit on record for consideration at the time of disposal of the suit. Now the question is, whether the learned Assistant Judge has legally allowed the application filed by the opposite party No. 1-5 and impleaded them in place of t..Category: Property Law | Date: 6 Mar, 2002 | Hits: 56
Shah Newaz Ebne Mostaque & ors. Vs. Shah Alam and others, 2003, 32 CLC (AD).
....r section 15 1 of the Code of Civil Procedure and striking off the execution case as barred by limitation and directing restoration of possession to the judgment debtors‑petitioners in the suit property. 2. The facts are that the plaintiff respondents brou......; Mahmudul Amin Choudhury CJ Mainur Reza Chowdhury J Md. Ruhul Amin J Shah Newaz Ebne Mostaque and others ........................Petitioners Vs. &nb......cond Appeal. The Second Appeal No. 583 of 1964 was dismissed for default on 4‑8‑1978. On the death of the plaintiff decree‑holder and judgment debtor defendant Nos. 1‑3, their legal heirs, were duly substituted in Execution Case No. 70 of 1992. The heirs of decree‑holde..Category: Procedural Law | Date: 4 Mar, 2002 | Hits: 99
Monzur Alam (Md) Vs. State and another, 2003, 32 CLC (AD).
.... All the three petitions are dismissed. Ed. This Case is also Reported in: 55 DLR (AD) (2003) 62. ......; Ruhul Amin J KM Hasan J Monzur Alam (Md)................Petitioner Vs. State and another .............Respondent Judgment ......ection 561A Under section 138 of the Negotiable Instruments Act an offence is committed if a cheque is dishonoured and if payment is not made within 15 days after receipt of a legal notice. It is a settled law that criminal proceeding can be proceeded independently of the ci..Category: Business or Commercial Law | Date: 13 Feb, 2002 | Hits: 124
Bangladesh and others Vs. Eastern Beverage Industries Ltd. & another, 2004, 33 CLC (AD)
....imilar to that framed by the Central Board of Revenue of Pakistan and that the standing tribunal illegally did not consider the grievance of the respondents and that the appellants without making any proper guiding principles have exceeded their jurisdiction in levying and collecting the excise duty...... ......hat the National Board of Revenue failed to take precaution in giving full details of the guideline similar to that framed by the Central Board of Revenue of Pakistan and that the standing tribunal illegally did not consider the grievance of the respondents and that the appellants without making any..Category: Fiscal/Taxation Law | Date: 13 Feb, 2002 | Hits: 161
....s family ever since 1970.
3. Thereafter, the petitioner No.1 filed a suit in the 1st Court of Sub-Judge Dhaka, being Title Suit No. 180 of 1972 for a decree for declaration of Title for the suit property on compromise on terms of the solenama filed in Court by the petitioner No.1 and the origin......s also Reported in: 54 DLR (HCD) (2002) 451.
...... the donee by the donor and, as such, there is no dispute that it is a gift under Mohammedan Law. The only ground for refusal of mutation is want of its registration which we have already held is not legal and valid ground to refuse mutation of the name of petition No. 2 a place of the petition No. ..
Category: Property Law | Date: 12 Feb, 2002 | Hits: 28
Jaban Ali (Md) Vs. State, 2002, 31 CLC (HCD)
....mittedly the accused appellant was arrested on 29‑2‑2000 and the charge sheet was submitted on 24‑4‑2000 and it is noticed that about 2 years have elapsed but the prosecution did not take any proper step for framing of the charge in the case before the trial Court keeping the accused appella......lant was solemnised for the first time on 26‑5-1996 according to Muslim Shariat Law. But after 3 weeks of the marriage parents of the accused appellant claimed dowry money of a sum of Taka 50,000 and also tortured the complainant. She paid the said sum of Taka 20,000 but the accused appellant to...... any other case. The trial Court is at liberty to cancel the bail in case of any misuse of the privilege of bail by the accused appellant. Ed. This Case is also Reported in: 56 DLR (2004) 89...Category: Women and Children | Date: 10 Feb, 2002 | Hits: 79
Mozibul Huq Vs. Chairman, 1st Labour Court and others, 2003, 32 CLC (AD).
.... absorbed and his service was not regularised even after 10 years continuous service the IRO case was rejected on the ground of maintainability. The court held that the Administrative Tribunal is the proper forum for adjudicating the matter. Being aggrieved the petitioner filed the aforementioned wr......hul Amin J KM Hasan J Mozibul Huq ... …………Petitioner Vs. Chairman, 1st Labour Court and others...............Respondents Judgment February 6,......Division. The leave petition is dismissed. Ed. This Case is also Reported in: 55 DLR (AD) (2003) 91. ..Category: Administrative Law | Date: 6 Feb, 2002 | Hits: 123
State Vs. Abdus Samad @ Samad Ali, 2002, 31 CLC (HCD)
....thout obtaining the medical report as to whether the condemned prisoner was fit to stand the trial vitiated the trial as a whole. We have already stated the relevant facts in this regard. In order to properly appreciate this contentions would be worthwhile to refer to section 465 of the Code of Crim..........Petitioner Vs. Abdus Samad @ Samad Ali……………......Condemned Prisoner Judgment February 2, 2002. Result: The Reference is rejected and the connected jail appeal is dismissed. Cases Referred To- PLD 1960 (WP) Lahore 111; D......(2) that the condemned prisoner was of unsound mind at the time of committing the offence charged and as such, he was entitled to the benefit under section 84 of the Penal Code, but the trial Court illegally withheld this benefit resulting in mis-carriage of justice. The learned Deputy Attorney-Gene..Category: Criminal Law | Date: 2 Feb, 2002 | Hits: 115
Moni Begum @ Moni Vs. The State, Represented by the Deputy Commissioner, 2001, 30 CLC (HCD)
....its will. Police being visible symbol of the authority of the Government are expected to safeguard the interest of the individual citizens with regard to their Basic Rights. People want impartiality, proper behavior and conduct from the Police and the people and the people wants to see Policemen as ......igh Court Division (Criminal Revisional Jurisdiction) Present: A. K. Badrul Huq J Ms. Mamtazuddin Ahmed J Moni Begum @ Moni, wife of Shahabuddin of 79/A, Satish Sarkar Road, Ganderia, P. S. Sutrapur, Dhaka..............................Petitioner Vs. 1. Mr. Mohammad......resentative during Judicial Inquiry Requiring presence of High Police Officer and Police representative during Judicial Inquiry to be performed by Metropolitan Magistrate suffers from manifest illegality, legal infirmity and flagrant error of law that cause a gross miscarriage of justice. ..Category: Constitutional Law, Procedural Law | Date: 11 Dec, 2001 | Hits: 7
Mahbubur Rahman and others Vs. Agrani Bank and another, 2003, 32 CLC (AD).
....and. The suit was decreed ex parte on 21‑2‑1998. On 14‑10‑1998 the officer of respondent No. 1 told respondent No. 2 that he took loan from bank by mortgaging his land and the property would be put to auction for failure to repay the loan. The petitioner thereupon filed Misce...... Present: Mahmudul Amin Choudhury CJ Md. Gholam Rabbani J Md. Fazlul Karim J Mahbubur Rahman and others……..Petitioners Vs. Agrani...... conduct the hearing of the case on behalf of the petitioner, and that petitioner had to engage another lawyer who prayed for time for preparation of the case but the learned Subordinate Judge most illegally dismissed the case without giving any opportunity to the appellant. Learned Advocate next su..Category: Procedural Law | Date: 19 Nov, 2001 | Hits: 101
Shankar Lal Das Vs. Janata Bank and others, 2001, 30 CLC (HCD)
....ge, 2nd Court at Mymensingh in Officer in Charge Execution Case No. 8 of 1993 by which the prayer for dismissal of the execution case after adjustment of decretal debt was rejected, and the mortgaged properties were ordered to be sold by public auction. 2. In the application, it is stated that ......ion (Civil Revisional Jurisdiction) Present: Md. Abdur Rashid J Hasan Foez Siddique J Shankar Lal Das ………….Petitioner Vs. Janata Bank and others... Opposite Parties Judgment November 18, 2001. Result: The Rule is......,000 (one thousand) each day, but the receiver in connivance with the jdr. has deposited Taka 60,000 (sixty thousand) only within the period of last 14 months and that the receiver being biased and illegally has also handed over the trucks to jdr. and the said trucks are under absolute control of th..Category: Banking Law | Date: 18 Nov, 2001 | Hits: 146
Bangladesh Legal Aid and Services Trust and another Vs. Bangladesh and others, 2001, 30 CLC (HCD)
....d calling upon the respondents to show cause why the trial, conviction and sentence of the child to imprisonment for life inflicted by the Courts and Tribunals of Bangladesh, not being Juvenile Court properly constituted under the law, being violative of the consistent/repeated directions of the Hig......02, 206; 7 BLC (2002) HCD, 85. ......f Bangladesh, not being Juvenile Court properly constituted under the law, being violative of the consistent/repeated directions of the High Court Division, should not be declared unconstitutional, illegal and without jurisdiction and is of no legal effect, and why the judgment and order of convicti..Category: Women and Children | Date: 6 Nov, 2001 | Hits: 75
Dudu Mia and others Vs. Ekram Miah Chowdhury and others, 2002, 31 CLC (AD)
.... August 5, 2001. The Specific Relief Act, 1877 (I of 1877), Section 42 Plaintiff cannot have mere declaration of title in the suit property without seeking further declaration either that the impugned decree was not binding on him......nbsp; Dudu Mia and others.........................................................Appellants ...... Subordinate Judge as to possession, we find it faulty. Those rent suits were between an old father and his son. So unless the son can prove his exclusive possession adverse to that of his father the legal presumption that the true owner is deemed to be in possession of the suit land cannot be brush..Category: Civil Law | Date: 5 Aug, 2001 | Hits: 136
Suhel Ahmed Chowdhury Vs. Salahuddin Ayubi and others, 2002, 31 CLC (AD)
....tempt Petition No.18 of 2000 which arose for not implementing the order of the High Court Division passed on 9-6-1999 in Writ Petition No. 3964 of 1998 by not delivering the vacant. Possession of the property in question to the writ petitioner. 2. The petition of con......; Suhel Ahmed Chowdhury .....................Appellant Vs. Salahuddin Ayubi and others...............Respondent Judgment&nbs......udgment of the High Court Division and also heard the learned Advocate of both the sides and for the foregoing reasons we hold that the learned Judges of the High Court Division were not justified or legal in punishing the appellant for committing contempt of court. ..Category: Criminal Law | Date: 30 Jul, 2001 | Hits: 95
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