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Chowdhury Mahmood Hasan and others Vs. Bangladesh and others, 2002, 31 CLC (HCD)
....the order for two weeks. Mr. Razzaq opposed the prayer. However, the operation of the order is stayed for ten days. Ed. This Case is also Reported in: 54 DLR (HCD) (2002) 537. ......ee in its evaluation report selected ETV and placed its proposal at the top. 18. As the main point is whether evaluation report of the Technical Committee was changed, we will like to decide the question at a later stage. Before that, we like to mention other arguments of the learned Advocates ......relate to the jurisdiction of the Court. To decide the question whether a petitioner has locus standi to come before this Court under Article 102 of the Constitution, we are to consider the facts and circumstances of each case. The two most important Judgments on this point of our Appellat..Category: Information Technology Law | Date: 27 Mar, 2002 | Hits: 7
Mahmood Alam (Md.) and another Vs. Moklesur Rahman Bhuiya, 2002, 31 CLC (HCD)
....ancy was terminated and instituted SCC Suit No. 10 of 1995 in the Court of Senior Assistant Judge at Sadar in Barisal for eviction of plaintiff No. 1. 5. The case of defendant No. 10 is same and identical with that of defendant No. 1. His further case is that plaintiff Nos. 3 and 4 are living i......e. When they are in possession claiming raiyati settlement they cannot set up adverse possession either. They are not entitled to a declaration of title.” 24. Adverse possession is a mixed question of fact and law, in the sense, that the fact of adverse possession is to be gathered from s......ered he had some lawful title to possession. This rule is an application of the wider principle which presumes against crime, wrong and fraud of every kind. Of course, the rule applies only where the facts are in doubt and not where the circumstances under which possession was assumed are known.&quo..Category: Property Law | Date: 27 Mar, 2002 | Hits: 4
Abul Hussain and others Vs. Afezuddin Mondal and others, 2003, 32 CLC (AD).
.... The appeal is allowed without any order as to cost. Ed. This Case is also Reported in: 55 DLR (AD) (2003) 93. ......It was also submitted that the learned Single Judge reversed the decision of the courts below in decreeing the suit without himself considering the evidence adduced by parties. It appears that on the question of possession the learned Counsel, appearing for the defendant‑appellants, submitted ......ntly got the suit land by means of deeds offer and they have since been in possession thereof. 3. Both the trial Court and the appellate Court on consideration of the facts and circumstances of the evidence on record came to the findings that the plaintiffs failed to..Category: Property Law | Date: 18 Mar, 2002 | Hits: 80
Alfazuddin Mollah and ors. Vs. Md. Almas Chokder and anr., 2004, 33 CLC (AD)
....t Division. In the result, the appeal is allowed and the learned Assistant Judge is directed to proceed with the pre‑emption proceeding in accordance with law. Ed. ......earned Single judge made the Rule absolute Upon Setting aside the aforesaid order of the learned Assistant Judge and rejecting the aforesaid Miscellaneous Case for pre‑emption holding that such question cannot be gone into in the pre‑emption proceeding. 6. Leave was granted ......re of the transaction cannot be gone into and decided that the application of the pre‑emptee under Order VII rule 11 Code of Civil Procedure without allowing the parties to go on trial upon the facts alleged in the application because of the fact that in the application for pre emption it..Category: Property Law | Date: 16 Mar, 2002 | Hits: 95
Raj Unnayan Kartripakshya (RAJUK), Dhk. & ors. Vs. Water Front Apt. Ltd. and ors., 2004, 33 CLC (AD)
....nsel for the petitioners. We find no illegality is committed in the judgment of the High Court Division calling for our interference. Therefore, the leave petition is dismissed. Ed. ......209;in‑interest of the respondents upon refund of compensation money. Therefore, any mistaken approval of plan and mutation or names in tire record of rights do not have any bearing on the question of title and possession of the case land in question. 4. The High Court Divisi......o appeal against the judgment and order dated 22‑91998 passed by a Division Bench of the High Court Division in Writ Petition No. 2280 of 1998 making the Rule absolute. 2. The facts, in short, are that the respondents purchased the case land in December, 1974 by three kabalas..Category: Property Law | Date: 9 Mar, 2002 | Hits: 1202
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. ......No. 109 of 1995 granting leave to the opposite parties to prosecute the suit on the death of the sole plaintiff. 2. Plaintiff Lal Mohon Mondal instituted the suit for cancellation of the deed in question. His case is that he was the owner of the suit land and the record of right was also prepar......purchase from Lal Mohon by registered deeds and that they have acquired interest in the suit land. Therefore, they claim that they may be allowed to prosecute the suit since Lal Mohon is dead. In the facts of the given case, I am of the view that Order XXII rule 10 CPC is the only provision of law, ..Category: Property Law | Date: 6 Mar, 2002 | Hits: 56
Shah Newaz Ebne Mostaque & ors. Vs. Shah Alam and others, 2003, 32 CLC (AD).
.... The petition is therefore dismissed. Ed. Same Case Cited in: 55 DLR (AD) (2003) 69. ......ting of execution case on 20‑5‑1992 was not intimated to the judgment debtors or their Advocate and that the schedule of the decree was vague and indefinite and that the execution case in question was barred by limitation and their possession of the suit land be restored to them. ......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 brought Title Suit No. 173 of 1961 in the Court of the..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. ......ned Advocate for accused petitioner submits that the High Court Division has committed an error of law by discharging the Rules. He further submits that where the facts reveal that the transaction in question involves civil liability no criminal proceeding will lie and the criminal cases are liable ......ed by a Division Bench of the High Court Division discharging the Rules in Criminal Miscellaneous Case Nos. 7753, 7754 and 7755 of 2000. The leave applications are disposed of by this judgment as the facts and law points involved are similar. 2. Complainant res..Category: Business or Commercial Law | Date: 13 Feb, 2002 | Hits: 124
Bangladesh and others Vs. Eastern Beverage Industries Ltd. & another, 2004, 33 CLC (AD)
.... appeals are allowed setting aside the impugned judgment and order of the High Court Division without any order as to costs. Ed. This Case is also Reported in: 56 DLR (AD) (1997) 153. ...... appeals are allowed setting aside the impugned judgment and order of the High Court Division without any order as to costs. Ed. This Case is also Reported in: 56 DLR (AD) (1997) 153. ......0 or more consecutive days the said respondents would be entitled to a proportionate exemption of duty and that fixation of 190 days was also arbitrary and without any reasonable objective basis. The facts in the other writ petitions are somewhat similar and, as such, are not repeated for the sake o..Category: Fiscal/Taxation Law | Date: 13 Feb, 2002 | Hits: 161
.... yds of land and 2 storied building standing thereon within 2(two) months from the date of receipt of the copy of this judgment
Ed.
This Case is also Reported in: 54 DLR (HCD) (2002) 451.
......name which was allowed by an order dated 12-9-1981. The photocopy of the order dated 12-9-1981 is annexed as annexure C to the writ petition. The petitioner No. 1 made an oral gift of the property in question in favour of petitioner No. 2 his wife on 26-3-1993 in accordance with the principle of Moh......y Act and such refusal tantamount to treat the petitioner not in accordance with law and it is an action detrimental to the property of the petitioner which is not authorised by law.
12. In the facts and circumstances of the case and in view of our discussion as above we find that refusal to m..
Category: Property Law | Date: 12 Feb, 2002 | Hits: 28
Jaban Ali (Md) Vs. State, 2002, 31 CLC (HCD)
.... 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....... 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.......is serious in nature and it appears that the charge-sheet was submitted against the accused appellant under section 9(Ka) of the Nari‑o-Shishu Nijatan Bishesh Bidhan Ain, 1995 and considering the facts and circumstances of the case the accused appellant should not be enlarged on bail. 5. We..Category: Women and Children | Date: 10 Feb, 2002 | Hits: 79
Hazrat Khan @ Hazrat Ali Khan Vs. State, 2002, 31 CLC (HCD)
....t accused-appellant Hazrat Ali Khan @ Hazrat Khan be released from custody forthwith if not wanted in connection with any other case. Ed. This Case is also Reported in: 54 DLR (2002) 636. ......t accused-appellant Hazrat Ali Khan @ Hazrat Khan be released from custody forthwith if not wanted in connection with any other case. Ed. This Case is also Reported in: 54 DLR (2002) 636. ......er, the victim was removed to the hospital for treatment but he died on way to the hospital. 11. He was cross-examined at length. It is found from his evidence that he omitted to state important facts to the investigation officer while examined him under section 161 of the Code of Criminal Proc..Category: Criminal Law | Date: 6 Feb, 2002 | Hits: 29
State Vs. Abdus Samad @ Samad Ali, 2002, 31 CLC (HCD)
....f the matter, the Reference is rejected and the connected jail appeal is dismissed with the modification of sentence as stated above. Ed. This Case is also Reported in: 54 DLR (2002) 590. ...... examined under section 342 of the Code of Criminal Procedure when he stated that due to his brain defect he could not say what he did and left the matter for the decision of the Court. In reply to a question put by the Court as to whether he wanted to lead any evidence in support of the defence he ......s benefit resulting in mis-carriage of justice. The learned Deputy Attorney-General appearing with the learned Assistant Attorney-General submitted in reply that the examination of PWs 1 to 4, in the facts and circumstances of the case, cannot have the effect of vitiating the trial inasmuch as the r..Category: Criminal Law | Date: 2 Feb, 2002 | Hits: 115
Abdul Rashid Vs. Santi Bhusan Deb and others, 2003, 32 CLC (AD).
.... This petition is dismissed. Ed. This Case is also Reported in: 55 DLR (AD) (2003) 86. ......it has been held by a Full Bench of the Allahabad High Court presided over by SK Verma, J that: “In our view, this decision of the Supreme Court furnished a complete answer to the question referred to us. It makes it clear that there is power of "review" both in cases w......urt Division, has, however, allowed Taka 35,000 as solatium while dismissing the suit and the defendant has not moved against the said granting of solatium. 9. In the facts and circumstances of the present case, we found no cogent reason to interfere with the impugne..Category: Property Law | Date: 26 Jan, 2002 | Hits: 100
Abdul Mannan Vs. Bangladesh and others, 2003, 32 CLC (AD).
....ile disposing of the petitions for leave to appeal. These petitioners are accordingly dismissed. Ed. This Case is also Reported in: 55 DLR (AD) (2003) 143. ...... dismissing civil petitions arising out of judgment and order of the High Court Division dated 7‑7‑1999 passed in Writ Petition Nos. 1787 and 2259 of 1998 heard and disposed of together as common question of law and fact were involved therein. The writ petitioner in Writ Petition No. 1787 of 199...... jurisdiction and that section 21 (1) of the Ordinance is not mandatory but directory and that the variation of 10% of population are to be taken into consideration as far as practicable depending on facts of each case and that there was no violation of the said provision in respect of the Pourashav..Category: Election Law | Date: 22 Jan, 2002 | Hits: 109
Mia Lutfi Hossain Khasru and others Vs. Bangladesh and others, 2003, 32 CLC (AD).
....posing of the petitions for leave to appeal. These petitions are accordingly, dismissed. Ed. This Case is also Reported in: 55 DLR (AD) (2003) 58. ......ismissing civil petitions out of judgment and order of the High Court Division dated 7‑7‑1999 passed in Writ Petition Nos. 1787 and 2259 of 1998 heard and disposed of together as common question of law and fact were involved therein. The writ petitioner in Writ Petition No. 1787 of 1......jurisdiction and that section 21(1) of the Ordinance is not mandatory but directory and that the variation of 10% of population are to be taken into consideration as far as practicable depending on facts of each case and that there was no violation of the said provision in respect of the Pourasha..Category: Procedural Law | Date: 22 Jan, 2002 | Hits: 122
Moni Begum @ Moni Vs. The State, Represented by the Deputy Commissioner, 2001, 30 CLC (HCD)
....gistrate Dhaka in Complaint case No.1807 of 1999 and complaint case No.2261 of 2000 in the absence of the High Police Officer and Police representative. Ed. This case is also Reported in: ......aterial placed by the complainant before Court, (b) For the limited purpose of finding out whether a prime facie case for issuance of process has bean made out And (c) For deciding the question purely from the point of view of the complainant without at all adverting to any defense th......wo Criminal Revision petitions being numbered Criminal Revision No.683 of 1999 and Criminal Revision No.680 of 2001 under section 439 of The Code of Criminal Procedure. 4. Portrayal of essential facts forcing the background of two criminal Revision Petition may succinctly be stated and noticed...Category: Constitutional Law, Procedural Law | Date: 11 Dec, 2001 | Hits: 7
Mahbubur Rahman and others Vs. Agrani Bank and another, 2003, 32 CLC (AD).
....ity in the impugned order. The petition is accordingly dismissed. Ed. Same Case Cited in: 55 DLR (AD) (2003) 61. ......a matter of course, even if both the parties ask for if or agree to it. No adjournment should be granted unless sufficient cause for the same is made out. The words “sufficient cause" is a question of fact depending on the facts and circumstances of the case. The court considering the mat......he parties ask for if or agree to it. No adjournment should be granted unless sufficient cause for the same is made out. The words “sufficient cause" is a question of fact depending on the facts and circumstances of the case. The court considering the materials constituting sufficient cau..Category: Procedural Law | Date: 19 Nov, 2001 | Hits: 101
Shankar Lal Das Vs. Janata Bank and others, 2001, 30 CLC (HCD)
....he judgment debtor, the execution will only proceed to recover the amount in accordance with law. Send down the records at once. Ed. This Case is also Reported in: 54 DLR (2002) 371. ...... 6-1-91 ordered for analogous execution of execution case Nos. 2 and 3 of 1989 with execution case No. 8 of 1983. It is submitted thereupon that the revision application involves decision on disputed questions of fact, resolution of which is not possible and the Rule is therefore liable to be discha...... submitted thereupon that the revision application involves decision on disputed questions of fact, resolution of which is not possible and the Rule is therefore liable to be discharged. 13. Few facts that are not disputed need to be restated in order to appreciate the decision of the executing..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)
....em to discuss on “The Children Act, 1974” with judicial officials working under their respective judgeship. Ed. This Case is also Reported in: 22 BLD (HCD) 2002, 206; 7 BLC (2002) HCD, 85. ......torney General in view of the fact that the Tribunal on due consideration and discussion came to the decision that age of petitioner No. 2 Alamgir Hossain was 14-15 years at the time of trial. So the question of medical examination does not arise as the learned Tribunal came to a conclusive decision......em to discuss on “The Children Act, 1974” with judicial officials working under their respective judgeship. Ed. This Case is also Reported in: 22 BLD (HCD) 2002, 206; 7 BLC (2002) HCD, 85. ..Category: Women and Children | Date: 6 Nov, 2001 | Hits: 75
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