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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. ...... AHM Ziauddin, Advocate ‑ For the Petitioners. Santi Ranjan Karmaker, Advocate ‑ For the Opposite Party. Civil Revision No.402 of 1986. Judgment Gour Gopal Saha J.- This Rule calls in question the Judgment and order dated 28‑11‑95 passed by the learned Subordinate Judge, Netrokon......point when the question is raised. 10. Mr. Santi Ranjan Karmaker, the learned Counsel appearing for the pre‑emptee‑opposite party, frankly concedes that the cited decision fully applies to the facts and circumstances of the present case and he has nothing to dispute the proposition of law lai..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. ......oner. Md. Abdul Haque, Advocate ‑ For the opposite parties. Civil Revision No.33 of 1992. Judgment Md. Joynul Abedin J.- This Rule at the instance of the plaintiff-petitioner calls in question the Judgment and decree dated 30‑10‑91 passed by the Subordinate Judge, Kushtia in Titl......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. ..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. ......n contained in Order 21 rule 29 CPC as quoted above, it appears that this provision contemplates the pendency of a suit between the decree‑holder and the Judgment debtor in respect of the decree in question. But in the instant case before us, the pending Other Suit No.22 of 1995 is not between the...... 1995 staying the further proceeding of Title Execution Case Nos.6 and 7 of 1994 of that Court till disposal of First Miscellaneous Appeal No.244 of 1994 pending in the High Court Division. 2. The facts necessary for the disposal of this Rule are that the opposite party No.1, Kafiluddin Ahmed as ..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. ......hury Nasima, Advocates — For the Petitioner. Shihabuddin Mahmud, Advocate — For the Opposite Parties. Civil Revision No. 5078 of 1995. Judgment SM Ziaul Karim J. - This Rule, calls in question the legality and propriety of judgment and decree dated 7-8-1995 passed by learned Subordin......le Appeal No. 47 of 1993 and decreeing the suit by reversing judgment and decree dated 1-12-1992 passed by learned Senior Assistant Judge, Noakhali, dismissing Title Suit No. 186 of 1991. 2. Short facts leading to this Rule are, that on 5-5-1991, predecessor of opposite party Nos. 1(a)- 1(e) and ..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. ....... The preemptor was not even a co-sharer in the case holding when the pre-emptee became a co-sharer on 21.5.1979. In order to exercise the right of pre-emption, one must be a co-sharer first than the question of acernal of right of pre-emption arises. Since pre-emptee No.2 became a co-sharer in th......ence on record both the Courts below allowed the miscellaneous case and that as such, this Court exercising power under section 115(1) of the Code should not interfere with the concurrent findings of facts arrived at by the Courts below. 12. Perused the judgments of the Courts below and the recor..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. ...... 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. ......ceased Haider Ali went out from the house with the appellant on his call on 3.1.1995 as it has been found from the evidence of P.Ws.11 and 12. Therefore, the learned counsel submits that if these two facts are taken into consideration they manifestly suggest two distinct offences for which there sho..Category: Criminal Law | Date: | Hits: 43
Mahmudul Islam Chowdhury Vs. State and another, 2012, 41 CLC (HCD)
....with an observation that cognizance has rightly been taken and there is no scope to review the Order of taking cognizance dated 18-4-1993 against and on 7-6-1993 the accused-petitioner again filed an identical prayer which was also rejected. 4. Thereafter accused-petitioner jumped upon to invoke ......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. ......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. ..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. ...... remained, unpaid and the release print of the film was delivered to the accused petitioners when they issued two post dated cheques in favour of FDC for payment of that amount. 9. The dispute in question arose only when the post dated cheques issued by the petitioners were dishonoured. Though i......sued by the petitioners were dishonoured. Though in the petition of compliant the fact of payment of the remaining money i.e.Tk.24,33,315 is not expressly admitted, it can be easily inferred from the facts stated in the complaint that it was so paid. 10. So the question before us is whether, issu..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. ...... 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. ......ge, Rajibpur, Kurigram, in other Class Suit No.2 of 1994 decreeing the suit should not be set aside or such other or further order or orders passed as to this Court may seem fit and proper. 2. The facts involved for disposal of the rule are as follows: The plaintiff's case in nutshell was that..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. ......and thereafter, substituted through the Code of Criminal Procedure (Amendment) Act 2003 (Act 19 of 2003) got retrospectivity and we hold that section 35A of the Code is retrospective. 35. The next question arises before us is whether section 35A of the Code of Criminal Procedure will be applicabl...... State submits that the appellant has been rightly convicted under section 19A of the Arms Act and sentenced thereunder to suffer rigorous imprisonment for 10(ten) years on proper appreciation of the facts and circumstances of the case and evidence on record and no illegality has been committed by t..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. ......harifuddin Chaklader 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 ...... 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. 3. The facts of this case are that accused petitioner abet Shimi Banu, an adult daughter of the opposite pa..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. ......at notice the petitioner was asked to show cause within 7(seven) days as to why such construction shall not be demolished. The petitioner has stated that there was no Master Plan covering the area in question, and the petitioner has/had no knowledge about the Gazette Notification about the applicati......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. ..Category: Property Law | Date: | Hits: 64
Shafiqul Islam Khan Vs. The Commissioner of Taxes, 2012, 41 CLC (HCD)
....mpany and every other artificial juridical person.” 16. Upon examination of the aforesaid Provision it appears that the ‘person’ and the ‘firm’ is mutually exchangeable term and taken as identical for each other. A person taken loan from the bank in his personal name and used the loan m......l-For I.T. Department. 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 opini......ction 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 court; (1) Whether on the facts and in the circumstances of the case, the Tribunal was justified in law not holding that the A..Category: Fiscal/Taxation Law | Date: | Hits: 83
.... footing. Proviso to clause (a) says “nothing in this clause shall apply to any building within the homestead of rent-receiver concerned” and the relevant words in clause (a) of section 20(2) are identical with clause (a) of rule 29A of the State Acquisition Rules. Provisions embodied in clauses......khan Ain, 2000 and as the disposal of these matters would have impact on the implementation of various housing projects by individuals and private companies, I would like to express my opinion on the questions separately.
2. Short facts relevant for determination of the points in these matters ......f these matters would have impact on the implementation of various housing projects by individuals and private companies, I would like to express my opinion on the questions separately.
2. Short facts relevant for determination of the points in these matters are that Bangladesh Environment Lawy..
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.
......ring into the merit of this writ petition, we like to examine whether the petitioner-Bank filed the Money Suit before the Deputy Commissioner, Rangamati in accordance with law.
8. In deciding this question, we feel it necessary to reproduce section 7/8/9 and 10 of the Chittagong Hill-tracts Regul......surprisingly the respondent No.5, neither started the works of the project nor repaid the loan money inspite of repeated reminders followed by the legal notice.
3. In the backdrop of the aforesaid facts and circumstances, the petitioner-Bank finding no other way filed Money Suit No.33 of 1989 bef..
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. ......ri Bazar with his family allegedly for avoiding payment of loan. Therefore, it appears that the accused petitioner had no involvement at the time of taking money by the accused no.1 and therefore the question of their intention to deceive the informant at the initial stage does not arise at all. The...... should not be quashed or any other order passed as this Court may deem fit and proper. 2. By the said Rule issuing order, all further proceedings of the said G.R. Case were also stayed. 3. The facts relevant for the purpose of disposal of the Rule are that one Md. Abdul Karim lodged FIR with ..Category: Criminal Law | Date: | Hits: 62
Mst. Rahima Khatun and another Vs. Sree Monoranjon Saha and others, 2006, 35 CLC (HCD)
....e impugned judgment dated12.04.1990 (decree signed on 18.04.1990) is hereby affirmed. Send down the lower Court's records at once. Ed. This Case is also Reported in: 13 MLR (HCD) (2008) 334. ...... Ahmed Ali, the learned Advocate appearing for the petitioners emphatically- argues that there was no legal necessity for Panchamoni Dasi for transferring the suit land and as such the said Pattas in question are not acted upon the reversionary heirs as well as the plaintiff-petitioners and in suppo......he record that the said reversionary heirs executed a no objection deed in favour of the defendant No.10. So, I find no substance in the submission of the learned Advocate. 13. Considering all the facts and evidences on record and the law as stated herein above, I am of the opinion that both the ..Category: Property Law | Date: | Hits: 57
Millan Miah and another Vs. State, 2012, 41 CLC (AD)
....ived at. We find no reason to interfere with the impugned decision of the High Court Division. Accordingly, the petition is dismissed. Ed. This Case is also Reported in:9 ADC (2012) 797. ......ived at. We find no reason to interfere with the impugned decision of the High Court Division. Accordingly, the petition is dismissed. Ed. This Case is also Reported in:9 ADC (2012) 797. ......e, 2nd Court, Rangpur in Sessions Case No.83 of 2002 convicting the petitioners under sections 302/34 of the Penal Code and sentencing each of them to suffer rigorous imprisonment for life. 2. The facts leading to filing of the instant leave petition are that one Md. Ranga Miah, brother of the vi..Category: Criminal Law | Date: | Hits: 60
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. ......shid-For the Opposite Parties. Civil Revision No.3037 of 2003. Judgment Zinat Ara J.-In this Civil Revision under section 115 of the Code of Civil Procedure, the petitioners called in question the legality of the judgment and decree dated 13.1.2003 passed by the Additional District J......owed the appeal restraining the defendants from disturbing with the plaintiffs peaceful possession in the suit land. This decision has resulted in this revision on the ground of erroneous decision in facts and on law occasioning failure of justice. 6. Mr. Shah Md. Khasruzumman, the learned Advoca..Category: Property Law | Date: | Hits: 56
Momin Miah & others Vs. Md. Shafiullah Patwari and others, 2007, 36 CLC (HCD)
....umstances of the case, I direct the parties to bear their respective costs. Lower Courts Records are sent down to Courts concerned. Ed. This Case is also Reported in: 13 BLC (HCD) (2008) 86. ......the particular facts of the case in which such expression occurs. It is not desirable nor permissible to pick out a word or sentence from a Judgment of Superior Court divorced from the context of the question under consideration and treat it to be a complete law declared by Court. I shall not make a......that a judicial decision is only an authority for what it actually decides. It cannot be quoted for a proposition that may seem to follow from it. Every Judgment must be read applicable to particular facts proved or assumed to be proved. Generality of expression which may be found there are not inte..Category: Property Law | Date: | Hits: 64
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