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Sheerin Alam Chowdhury Vs. Captain Shamsul Alam Chowdhury, 1995, 24 CLC (HCD)
.... been surrendered by her in consideration for the dissolution of marriage through ‘khula’. There shall be no order as to costs. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 79. ...... a popular method nor a recognised system in this part of the country (Bangladesh) for the dissolution of marriage. He next submits that the ground for ‘khula’ Divorce' must be recognised by the 'principle' of Islamic Law. Referring to Article 390 from Mollah's Principles of Mohammadan Law by Am....... Sheerin Alam Chowdhury, as plaintiff instituted Family Suit No.5 of 1987 in the 2nd Court of Assistant Judge and Family Court, Dhaka against her husband Captain Shamsul Alam Chowdhury as defendant, for a declaration for dissolution of marriage. 4. The petitioner of CR No. 604 of 1993 Captain Sh...... been surrendered by her in consideration for the dissolution of marriage through ‘khula’. There shall be no order as to costs. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 79. ..Category: Family Law | Date: | Hits: 265
Abdul Gafur Sikder Vs. Mst. Shafia Khatun & others, 1989, 18 CLC (HCD)
....er of the learned Assistant Judge is restored. In the facts and circumstances of the case, however, there will be no order as to costs. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 500....... of the subject of the suit. 13. Section 20 of the Code of Civil Procedure is a general section governing all personal action and it is subject to the provisions of sections 16-19 of the Code. The principle behind clause (a) of section 20 is that the suit is to be instituted at a place where th......te parties to show cause as to why the impugned judgment and decree dated 31.3.88 passed by the learned Subordinate Judge, Bhola in Title Appeal No.59 of 1985 should not be set aside. 2. The facts for disposal of the Rule are as follows: One Sekander Ali, the predecessor-in-interest of the oppo......t the suit involves the rights of immunity from immovable properties and as such is governed by section 16 of the Code of Civil Procedure in particular clause (d) which reads as follows:- "For the determination of any other right to or interest in immovable property." The learned Advocate furt..Category: Property Law | Date: | Hits: 136
State Vs. Md. Sirajul Islam and others, 2012, 41 CLC (HCD)
....4. Let the Lower Court Records along with a copy of this judgment and order be sent to the concerned Court below for information and necessary action at once. Ed. This Case is also Reported in: ......4. Let the Lower Court Records along with a copy of this judgment and order be sent to the concerned Court below for information and necessary action at once. Ed. This Case is also Reported in: ......No. 911 of 2006) Noor Hossain- For the convict-appellant (In Jail Appeal No. 912 of 2006). Syed Mizanur Rahman For the convict-appellant (In Jail Appeal No. 913 of 2006). Md. Abdur Rashid- for the convict-appellant (In Jail Appeal No. 914 of 2006). Syed Mizanur Rahman- For the convict......y corroborating reliable evidence can not be the basis of their conviction as has been done in the instant case and as such the same is not sustainable in law. 16. The real question that calls for determination is, whether the impugned judgment and order of conviction and sentence is sustainable ..Category: Criminal Law | Date: | Hits: 105
Hafez Mawlana Humayun Kabir Vs. Md. Lokman and others, 2012, 41 CLC (HCD)
....ths from the date of receipt of this judgment in accordance with law. Let a copy of this order along with the lower Court’s record be sent down at once. Ed. This Case is also Reported in: ...... to have decided the case in accordance with law without sending back the case on remand. 21. I have studied the cited decisions reported in 4 MLR (AD) 430, 54 DLR (AD) 170 and 15 MLR (AD)12. The principle of law laid down in the cited decisions no help the opposite parties, rather the same read......lute. The Code of Civil Procedure, 1908 (V of 1908); Order XLI, Rule 27 During pendency of the appeal the plaintiff-appellant-opposite parties did not file any application before the Court of appeal below for acceptance of the documents filed by them before the trial Court ......ths from the date of receipt of this judgment in accordance with law. Let a copy of this order along with the lower Court’s record be sent down at once. Ed. This Case is also Reported in: ..Category: Procedural Law | Date: | Hits: 113
Wajeda Khatun and others Vs. Saonatun Bewa, 2002, 31 CLC (HCD)
....nment should be allowed to the parties except on compelling circumstances. Communicate the order to the Court concerned at once. Ed. This Case is also Reported in: 55 DLR (HCD) (2003) 460. ......nment should be allowed to the parties except on compelling circumstances. Communicate the order to the Court concerned at once. Ed. This Case is also Reported in: 55 DLR (HCD) (2003) 460. ......the impugned order dated 4‑10-95. 2. The plaintiff-opposite parties instituted Other Class Suit No.564 of 1981 in the Court of the Munsif (now Assistant Judge), Gaibandha Sadar, seeking a decree for certain declaration. The defendant-petitioner entered appearance in that suit and filed a writte......5, resulting in failure of justice. 6. No one appears for the plaintiffs-opposite parties. 7. In view of the contentions of the learned Advocate for the petitioners, the question that calls for determination is, whether an application under Order IX rule 9 of the Code dismissed for non payment..Category: Procedural Law | Date: | Hits: 94
Ka Bi Ma Iftekhar Anam Vs. State & another, 2010, 39 CLC (HCD)
.... granted earlier shall stand vacated. Send a copy of this order to the Assistant Sessions Judge, 3rd Court, Rajshahi for compliance. Ed. This Case is also Reported in: 63 DLR (HD) (2011) 338. ...... granted earlier shall stand vacated. Send a copy of this order to the Assistant Sessions Judge, 3rd Court, Rajshahi for compliance. Ed. This Case is also Reported in: 63 DLR (HD) (2011) 338. ......h Ltd. Paltan Branch, Dhaka to the complainant out of outstanding liabilities; that the complainant thereafter on 14-3-2007 placed the cheque through Eastern Bank Ltd. Shaheb Bazar Branch, Rajshahi for collection and the said cheque was bounced in the remark of "Payment stop by the drawer" and tha......s can a prosecution under section 138 be instituted as per section 138(c) read with section 141(b) envisages only one cause of action in respect of one and the same cheque. 14. Now the point for determination is (I) whether the petitioner filed the case satisfying the provisions of law (II) whe..Category: Criminal Law | Date: | Hits: 94
Abu Bakkar Siddique (Md.) and others Vs. Md. Abdur Rab Khandaker & others, 2010, 39 CLC (HCD)
....ior Assistant Judge, in Other Suit No.48 of 1993 is hereby set aside. The suit is stand dismissed. Send down the LC record at once. Ed. This Case is also Reported in: 63 DLR (HD) (2011) 326. ......plaintiffs. 4. The present petitioners contested the suit by filing joint written statement contending, inter alia, that the suit is not maintainable in its present form, the same is barred by the principle of estoppel, waiver and acquiescence, the suit is barred by limitation and the defendant......r order or orders as to this Court may seem fit and proper. 2. The opposite party as plaintiffs instituted Miscellaneous Case being No.48 of 1993 in the Court of Senior Assistant Judge, Mithapukur for specific performance of contract as well as for a declaration that the registered sale deed ex......ior Assistant Judge, in Other Suit No.48 of 1993 is hereby set aside. The suit is stand dismissed. Send down the LC record at once. Ed. This Case is also Reported in: 63 DLR (HD) (2011) 326. ..Category: Property Law | Date: | Hits: 90
Kartic Das Gupta Vs. Election Commission and others, 2011, 40 CLC (HCD)
....observations and directions both the Rules are disposed of. The order of status quo granted earlier on 6-2-2011 is hereby vacated. Ed. This Case is also Reported in: 63 DLR (HCD) (2011) 313. ......spondent No.10 and Mr. Md. Badrudduza the learned Advocate appearing with Mr. Earful Islam, for the added respondent No.9 made similar line of arguments contending, inter alia, that it is the settled principle of law that once the notification is published declaring election schedule, the process ......ঃসাধাঃ নির্বাঃপরি/২০১০/৭৮ dated 2-12-2010 including the names of Paurashavas namely Cox's Bazar, Sadar, Chakaria, Teknaf and Moheshkhali fixing 19-1-2011 for holding Paurashava election without preparing a fresh voter list excluding the Rohingyas, the ......observations and directions both the Rules are disposed of. The order of status quo granted earlier on 6-2-2011 is hereby vacated. Ed. This Case is also Reported in: 63 DLR (HCD) (2011) 313. ..Category: Election Law | Date: | Hits: 217
Hasina Khatoon and another Vs. Md. Samsur Rahman and others, 1997, 26 CLC (HCD)
....us (Pre‑emption) Case No.11 of 1987 as expeditiously as possible, preferably within 3 months, from the date of receipt of this order. Ed. This Case is also Reported in: 49 DLR (HD) (1997) 187. ......party when it is found necessary for effectual and complete adjudication of all question involved in the suit/case. With that object the court can also strike out an unnecessary party. The underlying principle of rule 10 (2) of Order 1 of the Code of Civil Procedure is to save an honest and bona fid......a J.-This Rule is directed against the order dated 26‑4‑1988 passed by the learned Assistant Judge Keshabpore, Jessore in Miscellaneous Case No.11 of 1987 rejecting the petitioner’s application for amendment of the pleading by adding a party thereto. 2. The petitioners filed an application ......us (Pre‑emption) Case No.11 of 1987 as expeditiously as possible, preferably within 3 months, from the date of receipt of this order. Ed. This Case is also Reported in: 49 DLR (HD) (1997) 187. ..Category: Property Law | Date: | Hits: 94
Shamsul Huq Chowdhury Vs. Justice Md. Abdur Rouf & others, 1995, 24 CLC (HCD)
....ntial question of law as to the interpretation of the Constitution. The prayer is allowed and certificate prayed for is hereby granted. Ed. This Case is also Reported in: 49 DLR (HD) (1997) 176.......s ensures the independence and impartiality of the Judges of the Supreme Court. The learned Counsel elucidated his argument reading out the preamble of the Constitution laying stress that fundamental principles of the state policy aiming at the realisation through the democratic process of a sociali......nvolving substantial questions of law as to the interpretation of the Constitution. The learned Additional Attorney-General having already entered appearance on being called upon to assist the Court, for the expeditious disposal of the Rule the personal service of the copy of the Rule on the respond......ntial question of law as to the interpretation of the Constitution. The prayer is allowed and certificate prayed for is hereby granted. Ed. This Case is also Reported in: 49 DLR (HD) (1997) 176...Category: Constitutional Law | Date: | Hits: 353
Shahidullah and others Vs. Lutfur Karim and others, 1997, 26 CLC (HCD)
....e Court is thus set aside and those of the trial Court are restored. There will be no order as to cost. Send down the record at once. Ed. This Case is also Reported in: 50 DLR (1998) 328. ......e Court is thus set aside and those of the trial Court are restored. There will be no order as to cost. Send down the record at once. Ed. This Case is also Reported in: 50 DLR (1998) 328. ...... instance of the defendants calls in question the judgment decree dated 17-7–95 allowing Title Appeal No.88 of 1993 by the learned Subordinate Judge, Noakhali and decreeing Title Suit No.43 of 1991 for declaration that kabala deed No. 3467 executed on 28-6-1947 by Cherag Ali Pandit predecessor-in-......tion first. The plaintiffs in this case have sought for a declaration as to the validity of a registered deed of kabala and its cancellation. So the question of possession is of utmost importance for determination of the question of limitation. 11. The plaintiff had stated their knowledge about t..Category: Procedural Law | Date: | Hits: 103
Saiful Islam Dilder Vs. Government of Bangladesh and others, 1998, 27 CLC (HCD)
.... find any substance in this writ petition. In the result, this writ petition is rejected in limine without any order as to costs. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 318. ...... with India. 3. The learned Advocate for the petitioner contends first, that Chetia is a freedom fighter for right of self-determination of the Assamese people and, as such, right has evolved as a principle of International Law which is binding on the member states of the United Nation to help pe...... Golap Barua to Indian Government should not be stayed. 2. This petition is founded on the facts: the petitioner is actively involved with issue of Human Rights at home and abroad. He is concerned for violation of Human Rights, viz, torture, arbitrary arrest, extra-judicial killings, involuntary ......ights, viz, torture, arbitrary arrest, extra-judicial killings, involuntary disappearance which is being carried out by the Indian Government against the freedom fighters struggling for right to self-determination of the Assamese people since 1979. The petitioner concerned with the arrest of Anup Ch..Category: Constitutional Law | Date: | Hits: 421
....ned Subordinate Judge, Chandpur in Miscellaneous Case No.59 of 1990 is hereby affirmed.
Send down the lower Court records at once.
Ed.
This Case is also Reported in: 50 DLR (HCD) (1998) 311.
......r decision, which is of course a Single Bench decision, reported in 42 DLR 253 (Sree Jitendra Nath Howlader Vs. Sree Bisweewar Howlader & ors). It is submitted that this decision has followed the principle of law enunciated in 23 DLR case. The learned Advocate contends that the facts leading to ...... directed against the judgment and order dated 9-3-92 passed by the learned Subordinate Judge, Chandpur in Miscellaneous Case No. 59 of 1990 filed under section 24 of the Non-Agricultural Tenancy Act for pre-emption of the case land.
2. The short fact leading to this appeal is that the respondent......ned Subordinate Judge, Chandpur in Miscellaneous Case No.59 of 1990 is hereby affirmed.
Send down the lower Court records at once.
Ed.
This Case is also Reported in: 50 DLR (HCD) (1998) 311.
..
Category: Property Law | Date: | Hits: 113
Samir Ali (Md.) and others Vs. Md. Atiar Rahman Dafadar and others, 1996, 25 CLC (HCD)
....Rule. In the result, this Rule is discharged but without any order as to costs. Let the Lower Court’s Records be sent down. Ed. This Case is also Reported in: 49 DLR (HD) (1997) 131. ......equent to the gift, the donees have mutated their names in the record of right in place of the name of the donor and the donees are in possession of the gifted properties. 11. It is an established principle of Mohammadan Law that a gift is not liable to be revoked by the donor after delivery of p......re, in Title Appeal No.36 of 1989 dismissing the appeal and affirming the judgment and decree dated 12-1-89 passed by the Assistant Judge, Jessore, in Title Suit No.197 of 1986. 2. Facts necessary for the disposal of the Rule, may briefly be stated as follows: The plaintiffs‑petitioners file......Rule. In the result, this Rule is discharged but without any order as to costs. Let the Lower Court’s Records be sent down. Ed. This Case is also Reported in: 49 DLR (HD) (1997) 131. ..Category: Property Law | Date: | Hits: 85
....be discharged.
In the result, this Rule is discharged and in the facts and circumstances of the case we pass no order as to cost.
Ed.
This case is also Reported in: 49 DLR (HD) (1997) 126.
......leader. It is further stated that this relieving of the present petitioner from the office of Government Pleader of the Dhaka District is absolutely illegal, without jurisdiction and violative of the principle of natural justice as well as the provisions of the LR Manual.
3. An affidavit-in-oppos...... as an Advocate of the Supreme Court of Bangladesh in the year 1972 and became a Member of Bangladesh Supreme Court Bar Association in the year 1986. He was appointed as Additional Government Pleader for Dhaka District on 1-7-1991. Thereafter he was appointed as Government Pleader for Dhaka District......uo‑warranto and since, prima‑facie, it appears that the Government is at liberty to appoint his own lawyer even after the age of 60 years, we are of the view that this point does not call for any determination by this Court.
18. Considering the facts and circumstances of the case as well as t..
Category: Others | Date: | Hits: 212
Shahriar Rashid Khan and another Vs. Bangladesh, 1997, 26 CLC (HCD)
....utional validity of such a law. Further, Parliament has got authority to repeal such a void law. 50. Mr. M Amirul Islam, another learned Amicus Curiae and a renowned jurist, submits that it is the guiding principle of our Constitution that there is Constitutional supremacy and rule of law. He sub......undone all its effects, consequences and results, this Indemnity (Repeal) Act No.21 of 1996 did not offend or infringe any provision of the Constitution by repealing a void Ordinance. It is a settled principle that a void law can never create any right or obligation in favour of any person for whom ......itional Attorney-General, Kaiseruddin Ahmed, Deputy Attorney‑General, Bazlur Rahman Chhana, Assistant Attorney‑General‑For the Respondents (In both the writ petitions). Syed Ishtiaq Ahmed, former Attorney‑General, Khondaker Mahbubuddin Ahmed, Senior Advocate, Kamal Hossain, Senior Advoc......the interpretation of several provisions of the Constitution are involved in the instant cases, the certificate prayed for is granted. Ed. This Case is also Reported in: 49 DLR (HD) (1997) 133. ..Category: Criminal Law | Date: | Hits: 202
Shahajada Talukder Vs. Election Commissioner and others, 2003, 32 CLC (HCD)
.... cancelled and the Returning Officer is directed to hold fresh election upon accepting the nomination paper already filed by the petitioner. Ed. This Case is also Reported in: 55 DLR (2003) 420....... 1983 and so the respondent No.5 had no other alternative but to reject those nomination papers. 6. Mr. Mahabubur Rahman, the learned Advocate for the respondent No.6, submits that in view of the principles as laid down in 41 DLR (AD) 68 and 42 DLR (AD) 137 the jurisdiction of the High Court Div...... filed by the petitioner and the order dated 2‑1‑2003 passed by the respondent No.5 rejecting the nomination paper filed by the petitioner and also the Memo dated 9‑1‑2003 declaring the pro forma respondent No.6 as uncontested Chairman, shall not be declared void and is of no legal effect....... cancelled and the Returning Officer is directed to hold fresh election upon accepting the nomination paper already filed by the petitioner. Ed. This Case is also Reported in: 55 DLR (2003) 420...Category: Election Law | Date: | Hits: 211
....the learned Subordinate Judge and 2nd Artha Rin Adalat and Commercial Sub‑Judge Court, Chittagong for his information and necessary action.
Ed.
This Case is also Reported in: 55 DLR (2003) 417.......ng at any stage whenever the Court finds it necessary for effectual and complete adjudication of the matters at issue but this discretion must be exercised in conformity with the established judicial principle and time-honoured norms.
14. It has been held by their Lordships in the case reported i......Commercial Sub-Judge Court, Chittagong in Money Suit No.31 of 1990 (previously Money Suit No.35 of 1989) rejecting the petitioner's application under Order 1 rule 10(2) of the Code of Civil Procedure for being added parties to the suit as defendants.
2. Short facts relevant for the purpose of the......) Other Class Suit No.24 of 1989 and the plaint of Money Suit No.35 of 1989, renumbered as Money Suit No.31 of 1990 pending between the contending parties.
11. The moot question that calls for our determination in the case is, whether the learned Subordinate Judge and 2nd Artha Rin Adalat committ..
Category: Civil Law | Date: | Hits: 101
....o substance in this Rule. The Rule is accordingly, discharged without any order as to costs.
Stay granted by this Court stands vacated.
Ed.
This Case is also Reported in: 55 DLR (2003) 409.
......o excluded, the Civil Courts have jurisdiction to examine cases where the provisions of the Act have not been complied with, or the statutory tribunal has not acted in conformity with the fundamental principles of judicial procedure. Mr. Ariff also referred to a decision in the case of Rafiqul Alam ......a Market Baboshahi Bahumukhi Samobaya Samity Ltd. (hereinafter called the Society) instituted Title Suit No.238/99 in the 1st Court of Assistant Judge, Dhaka against the present petitioner and others for declaration that the election of the society held on 13‑12‑1997 is illegal, without any lawf......nnection made the observation as already quoted.
5. In Rafiqul Islam (Md.) Vs. Mustafa Kamal as cited above the question arose whether a civil suit is maintainable over an election dispute for the determination of which a separate forum has been created by a special law, namely, the Local Governm..
Category: Procedural Law | Date: | Hits: 124
Global Access Ltd. Vs. Bangladesh and others, 2003, 32 CLC (HCD)
....ty. So, we do not find anything which can be considered as mala fide. In the result, the Rule is discharged without any order as to costs. Ed. This Case is also Reported in: 55 DLR (2003) 433....... which deals with the Executive Authority in relation to property, trade, etc. He has cited a decision as reported in AIR 1996 SC 11 Tata Callular Vs. Union of India, in which requirements of tender, principle of judicial review applicable to contractual power exercisable by government were discusse...... Salma Masud Chowdhury J.- This Rule Nisi was issued calling upon the respondents to show cause as to why the contract to supply and incorporate a Convert-Overt Featured Foil with Applicator Machine for the Cigarette Stamp and Band signified by the work order dated 22‑9‑02 awarded by respondent......ty. So, we do not find anything which can be considered as mala fide. In the result, the Rule is discharged without any order as to costs. Ed. This Case is also Reported in: 55 DLR (2003) 433...Category: Others | Date: | Hits: 174
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