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Ain-O-Salish Kendro (ASK) Vs. Government of Bangladesh and others, 2006, 35 CLC (HCD)
....lias Happy in bar fetters should not be declared to have been made without lawful authority and is of no legal effect or such other or further order or orders passed as to this Court may seem fit and proper. 2. During pendency of the aforesaid Rule in Writ petition No.2852 of 1997 an application ......cial Original Jurisdiction) Present: Nozrul Islam Chowdhury J Md. Rezaul Haque J Ain-O-Salish Kendro (ASK)………………………………Petitioner Vs. Government of Bangladesh and others……………………………………Respondents Judgment April 19, 26, 27, 200......ul manner and to show cause as to why the continued restraint of Fazlu alias Hafizur Rahman alias Happy in bar fetters should not be declared to have been made without lawful authority and is of no legal effect or such other or further order or orders passed as to this Court may seem fit and prope..Category: Constitutional Law | Date: | Hits: 219
Sharif Uddin and another Vs. Bangladesh & others, 2009, 38 CLC (HCD)
....the criteria set out in the Paripartra for the construction of UPCB and that the provision of the Paripatra is mandatory. The land gifted by Hafiz Mojir Uddin and others was ultimately selected after proper inspection and investigation and administrative approval was given for it as it is more suita......Ed. This Case is also Reported in: 16 BLC (HCD) (2011)92. ......Bari Bazar Union Parishad, PS Golaphganj, District Sylhet, and Writ Petition No.3772 of 2008 has been filed by Haji Md. Abdul Momith. 3. In both the writ petitions the petitioners challenged the legality of স্মারক নং-ইপ/অভনঃ ৩১/৯৫/৫১৬ dated 23-4-2008 (h..Category: Property Law | Date: | Hits: 130
Ismail Hossain (Md.) Vs. Shakhina and others, 2012, 41 CLC (HCD)
.... 30-8-2001 allowed the said appeal upon reversing the judgment and Order passed by the Trial Court . 5. The present petitioner's case in short is that the petitioner having acquired the schedule property by a deed of exchange being No.2042 dated 25-3-1999, mutated his name and has been enjoying...... 320. ......wara Begum both are co-sharer of the case holding by inheritance and no notice of transfer was served on her, the opposite party No. 1, Abdul Hakim is a stranger purchaser and hence the pre-emptor is legally entitled to preempt the transfer in question. The opposite party No.2 as pre-emptee opposite..Category: Property Law | Date: | Hits: 117
....order to interfere with the same.
In the result, the Rule is discharged without any order as to costs. Order to stay stands vacated.
Ed.
This Case is also Reported in:49 DLR (HD) (1997) 217.
......nal Jurisdiction)
Present:
Kazi Ebadul Hoque J
Amirul Kabir Chowdhury J
Aung Shwe Prue Chowdhury…………………Petitioner
Vs.
Government of the People's Republic of Bangladesh and others………………Respondents
Judgment
January 12, 1997.
Result:
The Rule is d......n No. Spe. Sa:(Ain)‑32/95/205 dated 4‑11‑96 published in Bangladesh Gazette on 20‑11‑96 (Annexure‑E) should not be declared to have been made and issued without lawful authority and of no legal effect.
2. Facts giving rise to the Rule are that, petitioner was born in the Bohmong Circl..
Category: Civil Law | Date: | Hits: 185
Fazal Hossain (Md.) and others Vs. Md. Helal Mia & others, 2009, 38 CLC (HCD)
....dge, 1st. Court, Dhaka in Pre-emption Miscellaneous Case No.8 of 1988 allowing the same should not be set aside and or pass such other or further order or orders as to this Court might seem fit and proper. 2. Facts, relevant for the purpose of disposal of the rule in short, are that the pre-emp......se is also Reported in: 16 BLC (HCD) (2011) 75; 30 BLD (HCD) (2010) 139. ......fparties and the opposite parties pre-empties stated this fact in their written objection, but both the Courts below did not take proper cognizance in respect of this matter rather decided the case illegally. Mr. Mazumder also submits that the learned appellate Judge committed error of law apparent ..Category: Property Law | Date: | Hits: 138
Md. Shermat Ali Vs. Mossammat Lilifa Khatun, 2005, 34 CLC (HCD)
.... the Family Court, Kishoreganj, Nilphamari, in Family Suit No.21 of 1999 decreeing the suit should not be set aside and/or pass such other or further order or orders as to this Court may seem fit and proper. 2. The Opposite Party as Plaintiff instituted Family Suit No.21 of 1999 in the Family Cou...... Ali Chowdhury - For the Opposite Party. Civil Revision No.859 of 2002. Judgment Shahidul Islam J.- By this Rule the Opposite Party was directed to show cause as to why the impugned Judgment and decree dated 17.11.2001 passed by the Joint District Judge, 1st Court, Nilphamari, in Family App....... 13. The order of stay granted at the time of issuance of the rule stands vacated. Send down the Lower Court's Record at once. Ed. This Case is also Reported in: 15 BLT (HCD) (2007) 439. ..Category: Family Law | Date: | Hits: 224
....der Order XXI Rule 98 of the Code of Civil Procedure read with Section 57 of the Artha Rin Adalat Ain, 2003, praying for deployment of law enforcing agency for handing over the possession of the suit property in favour of the decree-holder petitioner.
2. It appears that the International Finance ......
This Case is also Reported in: 15 BLT (HCD) (2007) 425.
...... of the decree-holder-appellant submits that although the execution case was disposed of, furnishing a certificate of title in favour of the decree-holder but the decree-holder is entitled to further legal assistance under the ambit of Order XXI rule 98 read with Section 57 of the Act, effecting act..
Category: Civil Law | Date: | Hits: 208
Sree Babul Kumar Biswas Vs. Sree Khudiram Jaladas, 2007, 36 CLC (HCD)
....earned Senior Assistant Judge, 5th Court, Sadar, Chittagong in Execution Case No.13 of 1997 should not be set aside and/or such other or further order or orders pass as to this Court may seem fit and proper. 2. Facts relevant for disposal of the Rule are that the Petitioner as plaintiff institute...... Vs. Sree Khudiram Jaladas…………………………Judgment-Debtor-Opposite Party Judgment March 25, 2007. Result: The Rule is made absolute. Case Referred to- Maksud Ali and another Vs. Sekandar Ali, 28 DLR (AD) 99. Lawyers Involved: Harendra Nath Nandy - For the ......f injunction granted by this Court dated 12.1.2004 shall remain is force till the execution Case is disposed of on full satisfaction. Ed. This Case is also Reported in: 15 BLT (HCD) (2007) 421. ..Category: Procedural Law | Date: | Hits: 253
....ssistant Judge, Burichang, Comilla in Title Suit No.75 of 1999 decreeing the suit in part should not be set aside and/or such other or further order or orders passed as to this Court may seem fit and proper.
2. Facts relevant for disposal of the Rule are that the opposite party as plaintiff insti......
High Court Division
(Civil)
Present:
Shahidul Islam J
Chairman, Ad-hoc Committee, Matler Char Non-Government Primary School………………Defendant-Petitioner
Vs.
Razia Sultana and others…………………Plaintiff-Opposite Parties
Judgment
March 18, 2007.
Result:
......ot draw her salary for the month of March 1998 and onwards. There after she made a communication with the District Primary Education Officer on 1.8.1999 but with no result and ultimately she served a legal notice upon the defendants on 1.9.1999 requesting there for paying her salary but with no resu..
Category: Civil Law | Date: | Hits: 104
lqbal Hossain Talukder (Md.) Vs. Md. Joinal Abedin Talukder and 76‑others, 2002, 31 CLC (HCD)
....ies in capacity of co-sharers by way of inheritance exercised right of pre‑emption on laying a petition under section 96 of The Act in the Court of Assistant Judge, Hajiganj, Chandpur in respect of property conveyed in Sale deed dated 17‑9‑1994 which has been described in Schedule to Petition.......Division (Civil Revisional Jurisdiction) Present: AK Badrul Huq J lqbal Hossain Talukder (Md.)...............................Pre‑emptee‑Petitioner Vs. Md. Joinal Abedin Talukder and 76‑others.............Opposite Parties Judgment August 20, 2002. Result: The Rule ...... rendered by learned Trial Judge were not founded on evidences and those rested on mere suppositions. 13. Out of Three Pre-emptees, only one Pre-emptee as Petitioner challenged the propriety and legality of decisions recorded by Appellate Judge in invoking this Court's Revisional Jurisdiction e..Category: Property Law | Date: | Hits: 116
Durga Rani Sutradhar Vs. Paresh Chandra Sutradhar, 2002, 31 CLC (HCD)
.... with cases where no copy of the lost 'Will' has been preserved. In that case also probate may be granted of the contents of the lost "Will' if genuine execution of the lost 'Will' can be established properly by evidence. 12. Next section 239 of the Act provides that when the 'Will' is in possess......Court Division (Civil Appellate Jurisdiction) Present: ABM Khairul Haque J KM Khaled J Durga Rani Sutradhar.................................................Appellant Vs. Paresh Chandra Sutradhar..........................................Respondent Judgment February 16, 2002......st conceded at the initial stage of hearing that the original 'Will' is an essential document for the purpose of granting probate, yet subsequently he has made submission that there are some specific legal provisions in the Act enabling the court to grant probate or 'Will' on the basis of copy or dr..Category: Property Law | Date: | Hits: 113
....e report of the Enquiry Committee dated 20-5-1996 and no other papers, giving him only 24 hours time to reply to the second show cause notice dated 26-5-1996 which was quite insufficient for giving a proper and effective reply to the wild and baseless charges brought against him. Thereafter, the res......vision
(Special Original Jurisdiction)
Present:
Tariq ul Hakim J
Afzal Hossain Ahmed J
Shafiqul Islam (Md.) & another…………………Petitioner
Vs.
Board of Intermediate and Secondary Education, Comilla & others………………Respondents
Judgment
May 16, 20......ent No.2 and as communicated to the petitioner vide Memo No. 4P-/Shansgtha/92/275(7) 302 dated 17-6-1996 dismissing him from service-marked Annexure-A to the petition should not be declared to be illegal, arbitrary, void, inoperative and of no legal consequence. Facts giving rise to this Rule Nisi..
Category: Employment/Service Law | Date: | Hits: 205
Nirman International Ltd. and another Vs. Janata Bank, 2010, 39 CLC (HCD)
....ution Case No.2 of 2004 rejecting the petitioner's application filed for dismissal of the said Money Execution proceeding and/or such other further order or orders as to this Court may seem fit and proper. 2. The short facts relating for disposal of the rule are that, the opposite party obtaine......ted in: 16 BLC (HCD) (2011) 57. ......ication and cannot stopped the learned district Judge in giving relief to the petitioner as the decree cannot be executable in Bangladesh as law does not permit so, the Courts below committed gross illegality in not considering the application under Order VII Rule 11 of the Code of Civil Procedure. ..Category: Civil Law | Date: | Hits: 168
Bangladesh Water Development Board and other Vs. Progati Prakaushali & another, 1996, 25 CLC (HCD)
.... not make any deposit as is required by section 33 of the Arbitration Act after its amendment by virtue of the provisions of Law Reforms Ordinance, 1978. Thereafter the learned Subordinate Judge on a proper scrutiny and on a perusal of the material and evidence on record did not find any ground to i......rted in:49 DLR (HCD) (1997) 335. ...... to the parties on 30‑4‑1994 and the appellant appeared before the learned Subordinate Judge, Chittagong on 15‑5‑1994 and filed written objection on 20‑7‑1994 challenging the validity and legality of the award dated 27‑4‑1994 and 10‑3‑1994 on various grounds. In the meantime on 2..Category: Alternative Dispute Resolution | Date: | Hits: 606
Abdul Latif Vs. Md. Sheesh, 1982, 11 CLC (HCD)
.... Civil Revision No.803 of 1980. Judgment Mustafa Kamal J.- This rule arises out of an appellate Order confirming the trial Court's Order returning the plaint of the suit for presentation in the proper forum having jurisdiction. 2. The plaintiff petitioner instituted Title Suit No.166/77 in ......iff petitioner instituted Title Suit No.166/77 in the 6th Court of Munsif, Dacca against the defendant opposite party alleging that his father was killed by the miscreants at Mirpur in February, 1972 and the suit property devolved upon the plaintiff as his sole surviving heir. The defendant has been......The valuation matter is decided in favour of the plaintiff and the learned Munsif is directed to proceed with the trial of the suit. Ed. This Case is also Reported in:35 DLR (HCD) (1983) 205. ..Category: Civil Law | Date: | Hits: 123
Abdul Mannan Talukder Vs. State, 1982, 11 CLC (HCD)
....being a victim of enmity. 9. It is now well settled that according of consent is not a mechanical process but a judicial consent to be exercised judiciously with due care and caution after proper application of mind. But in the instant case unfortunately there has been no applicati......r section 302 of the Penal Code read with Special Powers Act, 1974. 2. We have heard the learned Counsels for the petitioner, the accused opposite party No.2 the learned Deputy Attorney General and perused the petition. 3. It appears that upon a First Information Report lodged by the in....... The Rule is, accordingly, made absolute. Send down the records at once, if received. Anwarul Hoque Chowdhury J.- I agree. Ed. This Case is also Reported in:35 DLR (HCD) (1983) 202. ..Category: Criminal Law | Date: | Hits: 145
Abul Hossain Azad Vs. Government of Bangladesh & Others, 2005, 34 CLC (HCD)
....clared illegal and passed without any lawful authority. In the result, the Rule is made absolute but without any order as to costs. Ed. This Case is also Reported in: 15 BLT (HCD) (2007) 44. ......gment ABM Khairul Hague J.- The Rule Nisi was issued at the instance of Abul Hossain Azad the petitioner calling upon the Government of Bangladesh represent by the Secretary, Ministry of Education and 4 others to show cause as to why the order nominating the respondent No.5 as the Chairman of the......hool, communicated Vide Memo No.Sha-11/2(2)72001/599 dated 21.6.2003, issued under the signature of the respondent No.2 shall not be declared to have been passed without lawful authority and is of no legal effect. 2. It is stated in the petition that the election of the managing committee of the..Category: Others | Date: | Hits: 181
Rawsan Ara Begum alias Rawshani Vs. State, 2005, 34 CLC (HCD)
....he accused. In cross examination he stated that in the charge sheet Sabuj of Mymensing town was not made as witness. He did not visit the place of occurrence and he denied the suggestion that without proper investigation he submitted a perfunctory charge sheet. 17. P.W.8, Md. Abdul Quddus deposed...... Criminal Appeal No.1626 of 1999. Judgment Syed Mohammad Ziaul Karim J.- By this appeal convict appellant Rawsanara Begum alias Roshani alias Rosni has challenged the propriety of the Judgment and order dated 07-07-1999 passed by the learned Sessions Judge, Sherpur in Session Case No.37 of 19......sent in this case. 32. It further appears to us that the prosecution failed to examine most vital witnesses namely Sabuj in this case who was the bone of the contention between the parties. So the legal presumption would be had he been examined he would not have supported the prosecution case. ..Category: Criminal Law | Date: | Hits: 142
Mohammad Ali Miah and others Vs. Md. Sekander Ali Haowlader, 2007, 36 CLC (HCD)
....t due to the failure of the plaintiff to pay the balance amount of money within the stipulated time, the defendants have suffered a lot; that in order to defraud and deprive the defendants from their property, the plaintiff published an advertisement on 10.05.1991 in a newspaper namely "The Daily It......ce. Ed. This Case is also Reported in: 15 BLT (HCD) (2007) 484. ...... to obtain some documents from the office of the Assistant Commissioner (Land) Savar; that the defendant Nos.1 to 3 used to come to the office of the plaintiff to take time; that the plaintiff served legal notice to the defendants and having received the notices the defendants, came at the office of..Category: Civil Law | Date: | Hits: 102
....Narcotics of the First Schedule and serial 3 (Ka) and (Kha) of the Second Schedule of the Narcotics Control Act and also Sections 9 and 10 of the said Act are reproduced below for ready reference and proper appreciation:
"Section 2(b) "Alcohol" means spirit and any kind of liquor or wine and incl......n
(Special Original Jurisdiction)
Present:
Md. Joynul Abedin J
AS Mamun J
Bangladesh Homeopathic Medicine Manufacturers Association…………….Petitioner
Vs.
Bangladesh and others................................................................Respondents
Judgment
......pirit or alcohol in possession is unreal and baseless. It is also stated that the imposition of narcotics duty under the Narcotics Control Act cannot in any way be considered as unconstitutional or illegal for the reason that less duty is payable at the time of import of the rectified spirit or alco..
Category: Others | Date: | Hits: 341
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