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Setara Begum Vs. Al-Arafah Islami Bank Ltd. and others, 2008, 37 CLC (HCD)
....ccordance with law. Office is directed to communicate the order at once with a copy of judgment of information and necessary action. Ed. This Case is also Reported in: 61 DLR (HCD) (2009) 791. ...... Artha Rin Adalat No.4, Dhaka, in Artha Execution Case No.60 of 2006, conferring title of petitioner's mortgaged property upon the decree holder bank, should not be declared to have been made without lawful authority and is of no legal effect. 2. Short facts leading to this Rule are that on 21-4-..Category: Civil Law | Date: | Hits: 139
Jamuna Builders Ltd. Vs. Abdul Barek Chowdhury and others, 2006, 35 CLC (HCD)
.... of receipt of this order. Communicate this order at once with a copy of Judgment for information and for taking necessary action. Ed. This Case is also Reported in: 15 BLT (HCD) (2007) 300. ......f of defendant No.22, no witness was examined, although he prayed for such examination. Now the question calls for our consideration whether the learned Joint District Judge committed any error of law resulting in an error in the decision occasioning failure of justice in passing the impugned ord..Category: Property Law | Date: | Hits: 58
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. ...... Emdadul Huq J.- The dispute in this Civil revision is about ejectment of the opposite parties (defendants) from certain 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 licen..Category: Civil Law | Date: | Hits: 123
Md. Abul Kashem and others Vs. Mst. Robila Khatoon and others, 2010, 39 CLC (HCD)
....he interim order passed at the time of issuance of the Rule is hereby re-called and vacated. Send down the lower Court's records. Ed. This Case is also Reported in: 15 MLR (HCD) (2010) 166. ...... submits that the learned Judge of the appellate Court below misreading and non-reading the evidence on record passed the impugned Judgment and decree in decreeing the suit thereby committed error of law resulting in an error in the decision occasioning failure of justice and the same should be set ..Category: Property Law | Date: | Hits: 52
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. ...... (as amended in 2007), submits that, the ACC has not at all accorded any sanction as required by section 32(1) of the ACC Act, which is a pre-requisite for taking cognizance in this case. The learned lawyer, then filing a supplementary affidavit, sworn on 5-7- 2007, drawing our attention to the cert..Category: Anti-Corruption Laws | Date: | Hits: 44
Abul Kalam (Md.) and others Vs. Md. Shamsuddin, 1997, 26 CLC (HCD)
....ities to the contending parties to adduce fresh evidence in support of their respective claims. Send down the case records at once. Ed. This Case is also Reported in:49 DLR (HCD) (1997) 502. ...... this Court and obtained the present Rule. 7. Mr. AHM Ziauddin Ahmed, the learned Counsel appearing for the pre‑emptor‑petitioner, submits that the learned Subordinate Judge seriously erred in law in refusing pre‑emption on the ground of non‑maintainablity of the pre‑emption case under ..Category: Property Law | Date: | Hits: 54
Abdul Hamid Mollah Vs. Md. Abdul Hye and others, 1997, 26 CLC (HCD)
....ng been dispossessed after the filing of the suit, the present suit for declaration will not be hit by section 4 of Specific Relief Act in the absence of the prayer for recovery of khas possession by amending the plaint. It is urged by the learned Advocate that the appellate Court below having held ......ssion by amending the plaint. It is urged by the learned Advocate that the appellate Court below having held that the suit is barred by section 42 of the Specific Relief Act has committed an error of law occasioning failure of justice. 10. It is noticed that the learned Advocate for the plaintiff..Category: Civil Law | Date: | Hits: 59
Abul Kalam and others Vs. Kafiluddin and others, 1996, 25 CLC (HCD)
.... The impugned order dated 5‑10‑1995 so far as it relates to the staying of Execution Case Nos.6 and 7 of 1994 is hereby set aside. Ed. This case is also Reported in:49 DLR (HCD) (1997) 569. ...... others Vs. Anwar Ahmed and others reported in 1981 BCR (HC) 301 wherein it has been held by a Division Bench of this Court that "A decree‑holder cannot be allowed to be deprived of the fruits of a lawful decree obtained after 15 years of litigation". It appears that the similar view has been expr..Category: Procedural Law | Date: | Hits: 69
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. ......he learned Judge of trial Court rightly dismissed the suit but the Court of appeal below without considering the material facts allowed the appeal and decreed the suit, thereby committing an error of law resulting in an error in the decision occasioning failure of justice. 12. Mr. Shihabuddin Mah..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. ...... cannot legally pre-empt the land purchased by pre-emptee No.2. This important legal aspect was not considered by both the Courts below. Therefore, the judgments of the Courts below cannot sustain in law. 22. The pre-emptor, however, failed to prove that the kabala of pre-emptee No.2 was ante dat..Category: Property Law | Date: | Hits: 38
Alkas Gorami Vs. State, 2006, 35 CLC (HCD)
.... set at liberty forthwith if he is not wanted in connection with any other case. Send down the lower court records expeditiously. Ed. This Case is also Reported in: 27 BLD (HCD) (2007) 46. ...... two persons died because of two distinct offences, though committed in the same transaction and for the framing of one charge for two specific offences of murder the charge has become defective. The law states as per section 233 of the Code of Criminal Procedure that their should be a separate char..Category: Criminal Law | Date: | Hits: 43
Mahmudul Islam Chowdhury Vs. State and another, 2012, 41 CLC (HCD)
....is hereby vacated. Let a copy of the Judgment and Order be sent to the Court below at once for information and necessary action. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 262. ......nd the FIR was recorded on 9-2-1991 and on investigation police report was submitted with a recommendation to stand trial of the accused-petitioner on 9-2-93 followed by the sanction as required by law received from the office of the then Prime Minister under Memo No.C/14/91/Ctg/1522 dated 18-1-93..Category: Procedural Law | Date: | Hits: 59
Baby Masum and another Vs. Bangladesh Film Development Corporation and other, 2009, 38 CLC (HCD)
....Magistrate, Dhaka is hereby quashed. Send a copy of this judgment to the learned Chief Metropolitan Magistrate, Dhaka immediately. Ed. This Case is also Reported in: 14 MLR (HCD) (2009) 457. ......ce taken by the learned Magistrate under those penal provision was illegal and if the proceedings of the C.R. Case No.2355 of 2001 is allowed to proceed, it would amount to an abuse of the process of law and therefore it is liable to be quashed. 31. In the result, the Rule is made absolute. The p..Category: Criminal Law | Date: | Hits: 66
Md. Kamruzzaman and others Vs. Abdus Sattar and others, 2008, 37 CLC (HCD)
....the Courts below committed gross illegality in passing their Judgments and decrees that occasioned a failure of justice, he further submitted that the trial judge, Kurigram committed an illegality by amending the plaint suo moto and passed the impugned Judgment and decree and directed the office to ...... of title, partition and valuation of the suit was Tk. 50,000/- and further directed the plaintiffs to pay ad valorem Court fees in the lower Court within 11.05.2001 and thereby committed an error of law resulting in the decision occasioning a failure of justice. He again submitted that the lower ap..Category: Property Law | Date: | Hits: 48
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. ......re to which he again pleaded not guilty and declined to adduce any evidence or file any documents. 8. The defence case as it appears from the trend of cross-examination of the P.Ws. by the defence lawyer in short is that he is quite innocent and that he has been falsely implicated in this case. ..Category: Criminal Law | Date: | Hits: 77
Enayet Chowdhury and others Vs. State and another, 2006, 35 CLC (HCD)
.... no merit in the Rule. In the result, the Rule is discharged. The order of stay granted earlier by this Court is hereby vacated. Ed. This Case is also Reported in: 13 BLC (HCD) (2008) 50. ......haklader J.- This Rule is directed against Judgment and order dated 18-3-2004 passed by the learned Judge of Janonirapatta Bighnakari Aparadh Daman Tribunal No.4, Dhaka. 2. An impugned question of law as to interpretation of section 205 of the Code of Criminal Procedure is posted for decision. ..Category: Criminal Law | Date: | Hits: 39
Sufi Samrat Hazrat Mahbub-e-Khuda Vs. RAJUK and others, 2007, 36 CLC (HCD)
....tted complying with the Building Construction Rules, 1996. In the result, the Rule is made absolute without any order as to costs. Ed. This Case is also Reported in: 13 BLC (HCD) (2008) 102. ......respondent No.2 (Annexure-G) directing the petitioner to demolish the existing structure of the petitioner on holding No.1/2/E South Kamlapur, Dhaka should not be declared to have been issued without lawful authority and is of no legal effect. 2. The petitioner purchased land measuring 17.77 khat..Category: Property Law | Date: | Hits: 64
Shafiqul Islam Khan Vs. The Commissioner of Taxes, 2012, 41 CLC (HCD)
....hall be no order as to costs. The connected Rule being No.20 (ref)/2007 is disposed off with the above observation accordingly. FRM Nazmul Ahasan J. - I agree. This Case is also Reported in: ......epartment. Income Tax Reference Application No.72 of 2007 Judgment AFM Abdur Rahman J. -In this I.T. Reference, under Section 160 of the Income Tax Ordinance 1984, the following question of law has been formulated by the Assessee-Applicant, Shafiqul Islam Khan, seeking an opinion from this..Category: Fiscal/Taxation Law | Date: | Hits: 83
....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:
.......- These appeals and civil petition involve public importance onthe environment and human rights, protection and preservation of environment, and the construction of certain provisions of the tenancy laws applicable in the country, the Town Improvement Act, 1953, the Paribesh Sangrakhan Ain, 1995 an..
Category: Environmental Law | Date: | Hits: 434
....is sent back to the Court below for writing out a proper order in accordance with law.
Send down the lower Court's record at once.
Ed.
This Case is also Reported in: 15 MLR (HCD) (2010) 242.
......Division in Money Appeal No.104 of 1997 affirming the order dated 18.08.1989 passed by the Deputy Commissioner, Rangamati in Money Suit No.33 of 1989 shall not be declared to have been passed without lawful authority and is of no legal effect and/or such other or further order or orders passed as to..
Category: Civil Law | Date: | Hits: 74
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