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....e Court of Munsif, Savar in Dhaka is hereby decreed. There shall be no order as to costs.
Send down the lower Court records at once.
Ed.
This Case is also Reported in: 50 DLR (HCD) (1998) 186.......o.198 and RS Plot Nos. 1194 and 1204 under RS Khatian No.225 of Mouza Barakakar, PS Savar, District Dhaka. The plaintiffs case, in short, is that the suit land originally belonged to Lakshman Mondal, full brother of plaintiff Maran Mondal and the same was correctly recorded in the CS and SA Khatians......rother of plaintiff Maran Mondal and the same was correctly recorded in the CS and SA Khatians in the name of Lakshman Mondal. Lakshman Mondal eventually died as a childless widower at his native village Kakabo PS Savar District Dhaka leaving the plain as his only heir to succeed him and since then ..
Category: Property Law | Date: | Hits: 111
Khodeja Begum & others Vs. Md. Sadeq Sarkar, 1994, 23 CLC (HCD)
....ment of the trial Court on the basis of those exhibits which were not legally proved. The learned Advocate further submits that the decree is in executable as it is a relationship between a man and a woman and the Constitution of Bangladesh also guarantees equality and liberty of each irrespective o......ary affidavit it is stated that the plaintiff married on 4-2-1985 the daughter of Abdul Khaleque of Tushpur, Police Station Matlab District Chandpur and since then they are leading conjugal life peacefully and got 6 children out of this wedlock. The learned Advocate for the opposite party did not ra........Opposite Party Judgment July 4, 1994. Result: The Rule is made absolute. Cases Referred To- 21 DLR 218; 34 DLR 221; Muller Vs. Oregon, US Supreme Court Report Book 52 Law Edition pages 411, 412. Lawyers Involved: Md. Abdur Rahim, Advocate - For the Petitioners. Faruque A..Category: Family Law | Date: | Hits: 185
....ty Grants Commission (respondent No.2)" is stayed for a period of two months from date.
Ed.
This Case is also Reported in: 17 MLR (AD) (2012) 161; 17 BLC (AD) (2012) 84; 32 BLD (AD) (2012) 169.
......iving approval for running outer campuses of the University showing the reasons but respondent No.1 did not make any response to the said applications. The said two outer campuses were being run with full facilities and requirements as required by the respondents. 6 (six) thousand students had alrea......ted provisional approval to the petitioner and thereafter, the writ-respondents granted permission to admit students after 07.08.2003. The petitioner admitted 7, 894 students who are now in various stages of their education and currently there are 217 faculty members. The first convocation of the pe..
Category: Others | Date: | Hits: 197
Atahar Ali Sarder & others Vs. State, 1978, 7 CLC (AD)
....ornelius, C.J. considering the justifiability of applying the provision of section 288 Cr.P.C. considered four types of cases when the witnesses varied their earlier statements, namely, (1) where a woman has been murdered from suspicion of unchastity, it is often found that the witnesses change st......hase from the prosecution witnesses an admission in their cross-examination." In the result, therefore, this appeal is dismissed. Ed. This Case is also Reported in: 31 DLR (AD) (1979) 227. ...... witness in examination-in-chief may be, it must be read subject to all qualifications, however, dishonest, which a witness introduced in his cross-examination, we would be paving the way for miscarriage of justice on large scale and encouraging the accused persons in this country and their relati..Category: Criminal Law | Date: | Hits: 107
Abdur Rashid and another Vs. Abdul Barik and another, 1983, 12 CLC (AD)
....or the aforesaid reasons, the order of the learned Judge of the High Court Division is set aside and the appeal is allowed with costs. Ed. This Case is also Reported in: 35 DLR (AD) (1983) 162.......e set aside under Order IX, Rule 13 of the Code of Civil Procedure. Mr. Rafiqur Rahman, learned Counsel, appearing for the respondents argued that when the defendant-appellants had been found to have full knowledge of the ex parte decree and that they also knew about the miscellaneous cases filed by......or the aforesaid reasons, the order of the learned Judge of the High Court Division is set aside and the appeal is allowed with costs. Ed. This Case is also Reported in: 35 DLR (AD) (1983) 162...Category: Property Law | Date: | Hits: 67
Abu Saber Aziz Mohammad and others Vs. Government of Bangladesh and others, 1976, 5 CLC (AD)
....manded to the trial Court for disposal in the light of the observation made above. There will be no order as to costs in this appeal. Ed. This Case is also Reported in: 31 DLR (AD) (1979) 218.......basis of the said settlement. 13. Now the question is whether any substantial difference was made in the legal position in respect of the plaintiffs' title in view of subsequent acquisition of the full title by the Government to the disputed land. That is to say, whether the principle of feeding ......manded to the trial Court for disposal in the light of the observation made above. There will be no order as to costs in this appeal. Ed. This Case is also Reported in: 31 DLR (AD) (1979) 218...Category: Property Law | Date: | Hits: 75
Abdul Mannan and others Vs. Kulada Ranjan Mowali and others, 1977, 6 CLC (AD)
....urt fees payable on the Memorandum of Appeal so treated within six months from the date of the arrival of the records in the High Court. Ed. This Case is also Reported in: 31 DLR (AD) (1979) 195.......d generally it is not so except after a lapse of considerable time and have no proper approach, nobody else than the riparian holder, to whose lands the additional lands have been annexed, can fruitfully use the said land. The reference to the supposed necessity and the difficulty respecting recur......espondents Judgment June 3, 1977. Result: The appeal is allowed. Cases Referred to- Felix Lopez Vs. Muddun Mohan Thakoor, 13 Moor's I. A. 467; Lauri Vs. Renad, (1892) 3 Ch. 402 at page 421. Lawyers Involved: T.H. Khan, Senior Advocate, with Abul Kashem Bhuiyan, Advocate, ins..Category: Property Law | Date: | Hits: 133
Jahangir Alam Chowdhury (Md.) Vs. Zabun Nahar Chowdhurani and other, 2008, 37 CLC (HCD)
....is Court at the time of issuance of the Rule is hereby vacated. Lower Courts record be sent down at once with a copy of the Judgment. Ed. This Case is also Reported in: 62 DLR (HCD) (2010) 322. ...... deed No.6511 dated 29-11-2001 at Feni Sub-Registry Office in presence of the attesting witness No.1 Advocate Md. Nurul Amin, Md. Saidur Rahman and Manjur Wahab and Kamrun Nahar was identified by her full brother Manjur Wahab. In pursuance of Salishnama and gift deed subsequently Dr. Md. Jahangir Al......tre as Medical Officer and while serving there the father of defendant No.2 requested him to marry his daughter i.e. the defendant No.2, and on being satisfied he gave consent and ultimately the marriage was solemnised in 1988. During their wedlock they got one daughter and one son. The plaintiff ap..Category: Family Law | Date: | Hits: 167
Atahar and others Vs. State, 2007, 36 CLC (HCD)
....ny other case and accused appellants Mutahar and Sohrab be discharged from their respective bail bond. Send down the LCR at once. Ed. This Case is also Reported in: 62 DLR (HCD) (2010) 302. ......r and to implicate someone falsely out of grudge and enmity. Justice is a divine function and the Court dispensing justice discharges divine functions. The Court is to examine the entire evidence carefully and must distinguish the chaff from the grain. The entire evidence is to be tested. scrutinise......used appellants and 16 others. 3. The prosecution case, in brief, is that on 10-5-1992 night following Sunday informant's son Nazrul Islam, Helal, son of Seraj and Ekram, son of Nazumuddin, of village Gobindapur while patrolling the deep tube well commissioned for irrigation of the 'IRRI' crops, ..Category: Criminal Law | Date: | Hits: 66
.... to the office of the Prime Minister and the Ministry of Disaster Management by a special messenger of this Court as soon as possible.
Ed.
This Case is also Reported in: 63 DLR (HD) (2011) 71.
...... the Rule Nisi.
7. Respondent No.4 filed affidavit-in-opposition controverting all the material allegations made in the Writ Petition. The case of this respondent, in short, is that Government is fully aware of the problem and has been taking steps to save the life of the citizens in the event......people, (vi) to work for protection of the life of the citizens and (v) to build up awareness amongst the people about their rights. Petitioner Nos. 2-7 are the members of the organization and engaged in promoting and defending human rights and supporting the victims of violations. In the imme..
Category: Constitutional Law | Date: | Hits: 211
....udgment and decree dated 14‑5‑02 is without jurisdiction.
The result is that the Rule is made absolute without any order as to cost.
Ed.
This Case is also Reported in: 56 DLR (2004) 641.
......ing before the transfer. He has further argued that the property was mortgaged to the respondent bank and therefore the transfer made by the Government to the Trust is subject to mortgage and knowing full well about the bank liabilities the Welfare Trust contested the suit and the suit having been d......ice as plaintiff instituted Title Suit No. 165 of 2001 in the Court of the Subordinate Judge and Artha Rin Adalat No.1, Dhaka for realisation of Taka 8,64,87,775 as on 30‑6‑01 by selling the mortgaged property impleading the petitioners as defendant in the suit asserting, inter alia, that Messrs..
Category: Property Law | Date: | Hits: 173
BIVAC International SA and another Vs. National Board of Revenue and others, 2010, 39 CLC (HCD)
....t without any order at to cost. The order of direction given at the time of issuance of the Rule by this Division is hereby recalled. Ed. This Case is also Reported in: 62 DLR (HCD) (2010) 284. ......1 since the service of the PSI Agency is a single transaction i.e. rendering of service by the PSI Agency is reaching Customs House. It is pertinent to mention that PSI Agency submitted the bid being fully aware of the nature of the service it would render." Further in that decision it has been o......icers of Customs on any customs related matter. The subjects of training shall include, inter alia, valuation, classification, post clearance audit, prevention of commercial forgery and fraud risk management, intelligence management etc. The training modules number and kind of trainees and locations..Category: Fiscal/Taxation Law | Date: | Hits: 152
Govt. of Bangladesh & another Vs. M/S Mashriqul Textiles and others, 1982, 11 CLC (AD)
.... parties agreed upon his appointment in the agreement. In the result, the appeal is dismissed without, however, any order to costs. Ed. This Case is also Reported in: 35 DLR (AD) (1983) 123. ......completed by 15 January, 1971, but the time was extended up 30 November, 1971. The plaintiff supplied a small part of the goods under contract and expressed their inability to perform the contract in full taking the ground that due to the intervention of the war of liberation the contract was frustr...... parties agreed upon his appointment in the agreement. In the result, the appeal is dismissed without, however, any order to costs. Ed. This Case is also Reported in: 35 DLR (AD) (1983) 123. ..Category: Alternative Dispute Resolution | Date: | Hits: 238
Biman Bangladesh Airlines Limited and others Vs. Md. Moniruzzaman and others, 2011, 40 CLC (AD)
....service benefit from the date of passing the judgment and order by the High Court Division on 18-3-2010 in writ petition No.4480 of 2009. Ed. This Case is also Reported in: 17 BLC (AD) (2012) 56.......egal effect." 3. The Rule was contested by present appellant Nos.1 and 2 (hereinafter referred to as the writ-respondents) by filing an affidavit-in-opposition contending, inter-alia, that they lawfully terminated the writ-petitioner from his service under Regulation 52 (1) of Regulations, 1979......yees (Service) Regulation, 1979 (Regulation, 1979) as ultra vires to the Constitution of the People's Republic of Bangladesh and Order No. DACGF/P-34174 dated 4-2-2007 issued by the Deputy General Manager Personnel, Biman Bangladesh Airlines Limited terminating him from service under the said regu..Category: Employment/Service Law | Date: | Hits: 111
Government of Bangladesh and others Vs. Abdul Motaleb & others, 2011, 40 CLC (HCD)
.... based on proper appreciation of laws and facts. Accordingly, all the 3 (three) appeals are dismissed without any order as to costs. Ed. This Case is also Reported in: 17 BLC (AD) (2012) 50. ......being Civil Revision Nos.3863, 4612 and 4613 of 1998. 9. A learned Single Judge of the High Court Division made the Rules absolute by the judgment and order dated 23-7-2002 and decreed the suit in full. 10. Against the judgment and order of the High Court Division passed in the civil revisio...... Additional Collector passed an order to the effect that Lamio Matbar would remain in possession of the said land and directed the authority to realize rent from him. He also directed the District Manager and Circle Officer not to disturb possession of Lamio Matbar. Therefore, appears that the autho..Category: Property Law | Date: | Hits: 67
.... discharging the Rule.
For the reasons stated hereinbefore, we find no merits in the petition and accordingly, the same is dismissed.
Ed.
This Case is also Reported in: 64 DLR (AD) (2012) 43. ...... discharging the Rule.
For the reasons stated hereinbefore, we find no merits in the petition and accordingly, the same is dismissed.
Ed.
This Case is also Reported in: 64 DLR (AD) (2012) 43. ......n 42 and the second proviso to section 194 of the Customs Act came to the clear finding that the Tribunal had no jurisdiction to waive/dispose "with the mandatory requirement of deposit of a percentage of demanded VAT or penalty to entertain an Appeal in a case under VAT Act following the provis..
Category: Fiscal/Taxation Law | Date: | Hits: 130
Ramjan Ali Mistry Vs. Md. Hedayelullah, 1978, 7 CLC (AD)
....td. Vs. Shri Ram Krishna Dalmia, AIR 1973 (SC) 425. In conclusion, we find no merit in this appeal, which is dismissed with costs. Ed. This Case is also Reported in: 31 DLR (AD) (1979) 183.......y the same as that of the present Ordinance, wherein it has been held that the point of default that is to be decided by the Court, is whether the tenant has paid rents allowable under the Act to the full extent at the time of the decree or order for ejectment is made and not an earlier date. Refere......e tenant did not deposit the rent in compliance with the provisions of Rent Control Ordinance, 1963. 2. There are some decisions of the Dacca High Court on the earlier Rent Control Act, the language of which is substantially the same as that of the present Ordinance, wherein it has been held th..Category: Property Law | Date: | Hits: 87
Zaminur Rahman & others Vs. Bangladesh & others, 1978, 7 CLC (AD)
....uraged. In the above premises the appeal is dismissed but in the facts and circumstances of the case, we make no order as to costs. Ed. This Case is also Reported in: 31 DLR (AD) (1979) 171.......charges levied by the local council under this order.” “A reading of Articles 48 (2), 49, 50, 51, 53, 54, 55 of the Basic Democracies Order, shows that the Municipal Committee concerned has the full control and authority over the Municipal Fund and under Article 52 a budget for every financial......) 14 DLR (SC) 106; PLD 1961 S.C. 452; Matthews Vs. Chicory Markeling Board, 60 Commonwealth Law Reports 263; The Commissioner H.R. Endowments Vs. L T, Swamiar, AIR 1954 S.C. 282; Burmah Shell Oil Storage Vs. Belgium Borough Municipality, AIR 1963 S.C 906; AIR 1954 S.C. 282; Studs Vs. Mainstee Rive..Category: Fiscal/Taxation Law | Date: | Hits: 112
Jamil Akhter Elahi (Md.) Vs. Government of Bangladesh and others, 2009, 38 CLC (HCD)
....ion is misconceived and the Rule is liable to be discharged. In the result, the Rule is discharged but without any order as to cost. Ed. This Case is also Reported in: 62 DLR (HCD) (2010) 64.......thout any interest. On top of it, he submits, they are also entitled to Taka 30,000 per month by way of maintenance. This, he submits, is nothing but spending away the funds of Sonali Bank Limited, a fully sponsored Government company. 7. When we asked about his own grievance in this regard, the ......the Board of Directors of the Sonali Bank Limited, in its 82nd Board meeting held on 12-5-2009, approved the ear loan facilities for the executives of the bank having the rank of Assistant General Manager (AGM) and upwards. 3. The petitioner is not only an Advocate of the Supreme Court but it is ..Category: Others | Date: | Hits: 134
Nasiruddin (Md.) Vs. State, 2009, 38 CLC (HCD)
.... the result, the appeal is allowed with modification. Send down the Lower Court Records at once. Communicate the order at once. Ed. This Case is also Reported in: 62 DLR (HCD) (2010) 49. ......sed Nasir and as talker out by him, from inside the garbage at about 17-35 hours on the same day, one pistol made in Italy, one revolver made in Japan, 2 bullets of pistol and 7 cartridges of gun (as fully described in the FIR) in presence of local witnesses (1) Abdul Hakim Bepari(60) and (2) Md. Kh...... his house and arrested Nasir at about 14-35 hours from his house and after a long interrogation Nasir informed that he holds some arms and ammunition which he has kept concealed within a heap of garbage located to the western side of his house. As per admission of the accused, the informant, along ..Category: Criminal Law | Date: | Hits: 79
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