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Abul Kalam (Md.) and others Vs. Md. Shamsuddin, 1997, 26 CLC (HCD)
....th the learned Munsif in so far as it relates to deposit of improvement cost along with the pre‑emption application. It is to be noted in this connection that section 96 of SAT Act does no make any provision for depositing improvement cost along with the pre‑emption application. The cost of impr...... 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)
....ent and decree dated 29‑8‑88 passed by the learned Assistant Judge, Kumarkhali, Kushtia is set aside without any order as to cost. Ed. This case is also Reported in:49 DLR (HCD) (1997) 428. ......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)
....e plaintiff‑opposite party No.1 has on the other hand, submitted that when a suit is pending against a decree, it is incumbent upon the Court to stay the execution arising out of that decree as per provision contained in Order 21 rule 29 CPC and, as such, the order of stay of two execution cases p...... 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)
....urt Ordinance provides that if the decision of a Village Court is unanimous or by majority of four to one, the decision shall be binding on the parties and shall be enforceable in accordance with the provisions of this Ordinance; but if the decision of a Village Court is by a majority of three to tw......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)
.... months from the date of its execution. 19. For proper appreciation, let me quote section 23 of the Registration Act which reads as Follows:- "23. Time for presenting Documents.- Subject to the provisions contained in sections 24, 25 and 26, no document other than a will shall be accepted for ...... 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)
....ghly defective inasmuch as for two different and distinct offences there should have been two separate charges as contemplated under section 233 of the Code of Criminal Procedure. This is a mandatory provision of law which is not followed and as such the trial is vitiated. Substantiating his argumen...... 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)
....itute any offence under section 406 or 420 of the Penal Code in the facts and circumstances of the present case. Accordingly, we hold that cognizance 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,......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 case and conclude the same within 3 months from the date of receipt of this order. Send down the lower Court records at once. Ed. This Case is also Reported in: 14 MLR (HCD) (2009) 260. ...... 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)
....h the actions may have begun-earlier or the claim on which the action may be based on an anterior date. 33. In this context we feel inclined to record an observation that even in the absence of a provision in procedural laws, power inheres in every Tribunal/Court of a judicial or quasi judicial ......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)
....bmits that section 205D(2) of the Code of Criminal Procedure gave ample power to the learned Court below to accept or admit the appeal filed by the complainant. The learned Advocate, referring to the provisions of section 417(2) of the Code, submits that this section empowers the complainant to file......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)
....ut lawful authority. His further contention is that the petitioner having submitted a plan prayed for approval with an undertaking to pay the requisite fees, no further action was warranted under the provisions of law and the respondent No.2 is under statutory obligation to sanction the plan in acco......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)
....erty and which explanation was accepted by the authority. (3) Whether on the facts and circumstances of the case the Tribunal was justified in law in maintaining the order of the AACT ignoring the provisions of the section 19B and Section 78 of the Income Tax Ordinance, 1984. 2. There were oth......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
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Surendra Kumar Sinha J.- 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 Paribe.......- 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
.... Divisional Commissioner, Chittagong Division, Chittagong who by the impugned order dated 21.09.1997 dismissed the appeal.
4. Since the Chittagong Hill-tracts Regulation, 1900 does not provide any provision directly or indirectly to file revision against the order of the lower Appellate Court the......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
Dr. Jadu Das Gupta alias J.D. Gupta Vs. State, 2009, 38 CLC (HCD)
.... and in the light of our observation made out in the body of the judgment. Send a copy of the judgment to the court below at once. Ed. This Case is also Reported in: 14 MLR (HCD) (2009) 454. ......d criminal case is hereby quashed, so far it relates to the present petitioner (accused no.2). 11. The learned Magistrate shall proceed with the case in respect of other accused in accordance with law and in the light of our observation made out in the body of the judgment. Send a copy of the ..Category: Criminal Law | Date: | Hits: 62
Mst. Rahima Khatun and another Vs. Sree Monoranjon Saha and others, 2006, 35 CLC (HCD)
....sferred of her deceased father's property showing to pay the loan money, medical treatment and for her maintenance including family religious ceremony, which she could not or did not according to the provisions of the Hindu Law. Mr. A. Y. Ahmed Ali further submits that the legal necessity means acco......ira, together with other lands originally belonged to Jadunath Saha, who before C. S. operation died leaving behind his only daughter Panchamoni Dasi, who inherited the suit land and in due course of law her name was recorded in C.S. Khatian and also in SA Khatian. The aforesaid Jadunath Sahahad ano..Category: Property Law | Date: | Hits: 57
Chairman, Rajdhani Unnayan Kartipakha Vs. Ramjan Ali and others, 2006, 35 CLC (HCD)
....h the observations made in the body of the judgment. Send down the Lower Court Records at once along with a copy of the Judgment. Ed. This Case is also Reported in: 27 BLD (HCD) (2007) 41. ......ad/have no legal right, title to and interest in the suit land and they are unauthorized and illegal possessors of RAJUK land for which notice was legally served for their eviction in accordance with law. The plaintiffs have no right to get a decree for permanent injunction against the real owner RA..Category: Property Law | Date: | Hits: 56
Momin Miah & others Vs. Md. Shafiullah Patwari and others, 2007, 36 CLC (HCD)
....2. Pivotal war of words, thus, is whether service of summons upon plaintiff-opposite party in Preemption Miscellaneous Case was a valid service or not. 23. In resolving legal controversy an eye on provisions engrafted in rule 11, rule 12, rule 15 of The Code may be given. Other Rules including ru...... 8. Learned Trial Judge decided Third Issue against plaintiff-opposite party. In deciding issue learned Trial Judge rendered decision that summons upon plaintiff had been served in accordance with law and there was no ground to accept the contention pressed into service from plaintiff that summon..Category: Property Law | Date: | Hits: 64
Nawabgonj Central Co-operative Bank Ltd. Vs. Government of Bangladesh and others, 2007, 36 CLC (HCD)
....able. 7. Mr. MA Jalil, the learned Advocate appearing for the petitioner, supports the Rule and submits that the impugned orders are illegal, inasmuch as the same have been passed by violating the provisions laid down in circular dated 16-6-1991, exempting the agricultural loans upto principal ......of the Court and the proceedings of Money Execution Case No.4 of 1998, now pending in the First Court of Artha Rin Adalat, Nawabganj (Annexure-H), should not be declared to have been made without any lawful authority and is of no legal effect. 2. Short facts leading to this Rule are that the peti..Category: Civil Law | Date: | Hits: 70
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