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Saleha Khatoon @ Saleha Begum Vs. Abdur Rahman Kha, 2009, 38 CLC (HCD)
....ntained. The order of injunction at the time of issuance of the rule is hereby vacated. Send down the L.C. Records immediately. Ed. This Case is also Reported in: 30 BLD (HCD) (2010) 486. ......ch decree/order is the revisional jurisdiction of the High Court Division under Section 115(1) of the Code of Civil Procedure……………………..(13) Kinds of Jurisdiction of Courts The questions of jurisdiction may be of two kinds one is the question of territorial/pecuniary jurisdict......mpugned judgment and decree complained of in the revisional application 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. Short facts of the case are as follows:- The petitioner, as plaintiff, instituted Title Suit No.25 of 1..Category: Civil Law | Date: | Hits: 114
....ined.
The order of stay granted at the time of issuance of the rule is hereby vacated.
Send down the L.C. Records immediately.
Ed.
This Case is also Reported in: 30 BLD (HCD) (2010) 444.
......it can be presumed that the defendant No.5 have purchased the suit land only to create complication and deprive the plaintiff from getting the suit land and for frustrating the decree.
17. Now the question is whether the defendant No.5 having purchased the suit land during pendency of the suit an......ed Senior Assistant Judge, Shingail, Manikganj in Title Suit No.118 of 1983 should not be aside and or pass such other or further order or orders as to this Court may seem fit and proper.
2. Short facts of the case are as follows:- Late Indra Mohan Saha father of the petitioners instituted Title ..
Category: Civil Law | Date: | Hits: 103
Sharmin Akhter Vs. Major (Rtd.) Mahbub Akbar Bhuyian, 2012, 41 CLC (HCD)
....e the operative portion of the impugned order will remain unchanged and will take effect from the next date of hearing of the appeal, if it is still pending. Ed. This Case is also Reported in: ......e the operative portion of the impugned order will remain unchanged and will take effect from the next date of hearing of the appeal, if it is still pending. Ed. This Case is also Reported in: ...... instant civil revision challenging the said order and obtained the Rule with an interim order of stay. 6. Mr. M. Shamsul Haque, learned Advocate appearing for the petitioner submits that from the facts and circumstances of the case it could be reasonably presumed that the opposite party was inte..Category: Family Law | Date: | Hits: 117
Nirmal Chandra Halder Vs. Hasina Begum and others, 2012, 41 CLC (HCD)
....rt considers that further evidence is required to be adduced, it is at liberty to give the parties such opportunity. Send down the lower Court’s records. Ed. This Case is also Reported in: ......rt considers that further evidence is required to be adduced, it is at liberty to give the parties such opportunity. Send down the lower Court’s records. Ed. This Case is also Reported in: ......in-interest to opposite parties 1(ka)-(tha), 5(ka)-(kha) and opposite parties 3-4 and 6-8 being defendants 1-3, 5 and 12-15 contested the suit by filing a joint written statement denying the material facts of the plaint contending, inter alia, that the recorded tenant of Plot No.387, R.S Khatian No..Category: Civil Law | Date: | Hits: 73
M. A. Jaher and others Vs. Sonali Bank and others, 2007, 36 CLC (HCD)
.... surrender before the Artha Rin Adalat concerned within 30 days from the date of receipt of the copy of this judgment by that Adalat. Ed. This Case is also Reported in: 13 MLR (HCD) (2008) 283. ......not dependent on sub-section 5, 6, and 7 of section 33 of that Ain at all, because when such certificate is issued under sub-section 7 of section 33 of the Artha Rin Adalat Ain, 2003 there remains no question of paying off the decretal amount by the judgment-debtor and as such no necessity of arrest......ule has arisen out of order No.49 dated 16.6.2004 issuing warrant of arrest against the writ petitioners passed by the Artha Rin Adalat No.1, Bhola in Artha Rin Execution Case No.6 of 2001. 2. The facts relevant for disposal of this rule, in shor1 are that the respondent No.1 Sonali Bank, Bhola B..Category: Civil Law | Date: | Hits: 69
Md. Khalilur Rahman Vs. Md. Alam Bepari & others, 2007, 36 CLC (HCD)
....rgent reasons. The office is directed to send a copy of this order to the Tribunal positively within a period of 30 days from date. Ed. This Case is also Reported in: 13 BLC (HCD) (2008) 36. ......rgent reasons. The office is directed to send a copy of this order to the Tribunal positively within a period of 30 days from date. Ed. This Case is also Reported in: 13 BLC (HCD) (2008) 36. ......g of ballot papers. The opposite party No.1 of the election petition seriously contested the plea of recounting of ballot papers. 4. The trial Court on consideration of the evidence including the facts and circumstances of the case by Judgment and order dated 24-7-05 allowed the prayer for recou..Category: Election Law | Date: | Hits: 509
Abdul Matin Vs. Government of the People's Republic of Bangladesh, 2007, 36 CLC (HCD)
....ather than permit the parties go to trial more or less on the same issues over again. Judicial verdict has its special sanctity and cannot be subject matter of discussion at any future time involving identical or similar issues. Res judicata, thus, is a special form of estoppel…………………â......ff-opposite party put up resisÂtance to Civil Revision Petition on laying a Counter-Affidavit controverting statements made in Revision Petition. Basic contention tabled in Counter-Affidavit is that question of res rudicata is a mixed question of fact and law and res judicata can be decided at the ......act and circumstances of the case, I direct the parties to bear their respective costs. Lower Courts Records are sent down at once. Ed. This Case is also Reported in: 13 BLC (HCD) (2008) 30. ..Category: Property Law | Date: | Hits: 69
Md. Raushan Alam Vs. Mst. Zahura Khatun, 2012, 41 CLC (HCD)
....e interim order of stay granted earlier is vacated. The trial Court is directed to dispose of the suit expeditiously. Communicate a copy of the judgment. Ed. This Case is also Reported in: ......No. 3996 of 1996 Judgment Md. Ruhul Quddus J. - This Rule at the instance of the plaintiff-petitioner was issued on an application under section 115(1) of the Code of Civil Procedure calling in question the legality of judgment and order dated 18.8.1996 passed by the Senior Assistant Judge, Ga......present application for setting aside the ex parte decree under Order IX rule 13 of the Code. 7. The plaintiff-petitioner contested the miscellaneous case by filing a written objection denying the facts stated therein and contending, inter alia, that the application was barred by limitation and t..Category: Procedural Law | Date: | Hits: 105
....nd the publication of the newspaper the daily Ittefaq the parties in litigation may act in pursuance to resolution dated 30‑9‑90.
Ed.
This Case is also Reported in: 50 DLR (HCD) (1998) 597.
......as been authorised to open and operate all bank Accounts which is against the provisions of Article 52 of the Memorandum and Articles of Association of the plaintiff No.1 company.
13. Now the main question is, whether this resolution dated 7‑1‑95 was taken validly or legally. We will only loo......the well designed plan to take over control of the plaintiff No.1 company both over its finance and management. It is the further case of the plaintiffs that as soon as they came to know of the above facts they protested by sending several letters including one on 18‑3‑95 addressed to defendant ..
Category: Company Law | Date: | Hits: 127
Jalaluddin @ Badsha Vs. State, 1986, 15 CLC (HCD)
.... of the charge. The appellant shall be set at liberty forthwith if not wanted in any other connection. Latifur Rahman J.- I agree. Ed. This Case is also Reported in:38 DLR (HCD) (1986) 119. ...... of the charge. The appellant shall be set at liberty forthwith if not wanted in any other connection. Latifur Rahman J.- I agree. Ed. This Case is also Reported in:38 DLR (HCD) (1986) 119. ......the fact that accused proposed to marry her and she accepted the proposal and to start co-habitation then and there as has been represented in the prosecution case. Thus we find that according to the facts and evidence of the prosecution case, the complaiÂnant did not herself believe nor had she an..Category: Family Law | Date: | Hits: 108
M. Anwar Hossain and others Vs. Government of Bangladesh and others, 2011, 40 CLC (HCD)
....ant Abu Yusuf Khan, Bir Bikram, husband of the Petitioner No.3, in WP 7236/10, was sentenced to suffer imprisonment for life. Since the basic theme and the relief craved in all these petitions are identical, they are taken up for adjudication as a lump. 3. Professor M. Anwar Hossain, an eminen......s pertaining to their conviction or sentence or release at any point in time. 55. The Petitioners never committed any offence under 121Aof the Penal Code at any point of time in any manner, and thequestion of commission of any such offence by them did notarise as they fought for this Country not ......of the Constitution which wasregistered as Writ Petition No.1048 of 2011, which alsogenerated a Rule Similar to the one Writ Petition No.7236/2010 engendered. Their averments, on primordial counts andfacts, are identical to those laid down by the petitioners in theearlier Writ Petition and hence we ..Category: Criminal Law | Date: | Hits: 154
Amarbati Natya Mandir Vs. State, 2009, 38 CLC (HCD)
....n for leave to proceed with the suit after amendment of the plaint is allowed. The order of abatement of the suit is also set aside. Ed. This Case is also Reported in: 61 DLR (HCD) (2009) 217. ......t rejected the petition on the reasoning that the plaintiff did not seek for setting aside abatement by furnishing the correct date of death. The learned Joint District Judge fails to notice that the question of abatement arose in case of such a kind that it cannot proceed in the absence of the lega......rayan Thakur Bigraha" were consecrated in the temple. In that case the question was whether the nomination of the plaintiff as sebait of the Deity by the deceased sebait Keshab Das, was legal. In the facts of the given case, it was decided that the temple is a private debtor property and not a publi..Category: Civil Law | Date: | Hits: 104
Agrani Bank Vs. Orbit Enterprise Ltd and another, 2009, 38 CLC (HCD)
....it at the rate of 15% per annum till realization. Send down the LC record at once. Communicate this order at once. Ed. This Case is also Reported in: 61 DLR (HCD) (2009) 710. ...... have heard the learned Counsel appearing on behalf of the plaintiff appellant at length and also gone through the plaint, written statement, deposition of DW 1 and other exhibits carefully. The moot question that falls for consideration by this Division in the instant appeal is, whether the subordi......ealization of installments in two years. Elaborating his submission, the learned Counsel further contends that though the provision of awarding interest under law is a discretionary one but under the facts and circumstances of the present case the learned Court should have awarded the interest as pr..Category: Civil Law | Date: | Hits: 95
Md. Abdul Jabbar Sarker Vs. State and another, 2011, 40 CLC (HCD)
....Rule. In the result, the Rule is discharged. Office is directed to send down the lower Court record with copy of this Judgment. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 103. ......mplainant on oath or in other words whether the said court is bound to examine the complainant presenting a written comÂplaint and also the witnesses mentioned therein. 12. To find a reply to the question, we need to look into the Scheme of the Code, 1898 particularly Chapter 16. We also need to......Rule. In the result, the Rule is discharged. Office is directed to send down the lower Court record with copy of this Judgment. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 103. ..Category: Procedural Law | Date: | Hits: 92
Abdul Motaleb and others Vs. Customs, Excise and VAT Appellate Tribunal, 2011, 40 CLC (HCD)
....tice dated 14-2-2008 (Annexure-C) is also declared to have been passed and issued without lawful authority and is of no legal effect. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 100. ......rd the learned Advocate for both sides and considered their submissions. We have also gone through the petition, impugned order and other relevant Annexures appended to the petiÂtion. 8. The only question that falls for consideraÂtion before this Division in this Writ petition is whether under ......etition, impugned order and other relevant Annexures appended to the petiÂtion. 8. The only question that falls for consideraÂtion before this Division in this Writ petition is whether under the facts and circumstances of the case the VAT authority was justified in initiating a proceeding under..Category: Fiscal/Taxation Law | Date: | Hits: 135
Rezia Sultan & another Vs. Md. Haroon Malik and another, 2011, 40 CLC (HCD)
....cellaneous case No.192 of 1980 are set aside. Send down the lower Court records at once. Communicate this order at once. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 347. ......se of Abdul Khaleque Vs. Abdul Barek Howlader, reported in 3 BLC (AD) 174 and another decision i.e. the case of Muhammad Ishaque Vs. Abdul Hague, reported in PLD (Karachi) 899. In these decisions the question arises whether transfer Court without satisfying as to service of notice upon the parties c......cellaneous case No.192 of 1980 are set aside. Send down the lower Court records at once. Communicate this order at once. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 347. ..Category: Civil Law | Date: | Hits: 94
Muhibur Rahman Manik and another Vs. State, 2006, 35 CLC (HCD)
....eof. They are set at liberty at once if not required in connection with any other case. Lower Court Records are sent down at once. Ed. This Case is also Reported in: 15 BLT (HCD) (2007) 279. ...... or qualified by particular facts of the case in which such expression occurs. It is neither desirable nor permissible to pick up a word or sentence from the Judgment divorced from the context of the question under consideration and to treat it to be complete law declared by Court………………â......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 the particular facts proved or assumed to be proved. Generality of expression that may be found cannot be intended ..Category: Criminal Law | Date: | Hits: 83
Hashem Ali & Others Vs. Suruj Ali & Others, 2010, 39 CLC (HCD)
....t Judge, 1st Court, Tangail, is hereby set aside and that of the trial Court is restored. Let the LC records be sent down at once. Ed. This Case is also Reported in: 18 BLT (HCD) (2010) 295. ......t Judge, 1st Court, Tangail, is hereby set aside and that of the trial Court is restored. Let the LC records be sent down at once. Ed. This Case is also Reported in: 18 BLT (HCD) (2010) 295. ...... two brothers have purchased the 0.30 acres of land out of C.S. Plot No.171 and 303 through the registered sub-kabala No.766, dated 2.2.1937 is a baseless finding which cannot be maintained under the facts and circumstances of the case. 12. The learned Advocate Mr. Mozammel Hoque Bhuiyan, finanly..Category: Property Law | Date: | Hits: 83
Khorshid Nayeem and others Vs. Land Appeal Board land others, 2010, 39 CLC (HCD)
.... to the extent of 5.17 acres as it originally stood. Communicate this Judgment to the Land Appeal Board (respondent No.1) at once. Ed. This Case is also Reported in: 17 BLC (HCD) (2012) 511. ......mmisÂsioner Dhaka by order dated 5-11-1994 and finally upheld by the Full Board of the Land Appeal Board in Review Case No.3-108 of 1995 by order dated 9-12-2003. Anyway such, disputed and important question of facts cannot be resolved in the writ jurisdiction. It is further asserted that responden...... Dhaka by order dated 5-11-1994 and finally upheld by the Full Board of the Land Appeal Board in Review Case No.3-108 of 1995 by order dated 9-12-2003. Anyway such, disputed and important question of facts cannot be resolved in the writ jurisdiction. It is further asserted that respondent No.6 filed..Category: Property Law | Date: | Hits: 115
Dutex Enterprise Co. Ltd. Vs. RMS Textile and Apparels Ltd. and others, 2010, 39 CLC (HCD)
....ssible, preferably within six months from the date of receipt of this order. Office is directed to communicate the order at once. Ed. This Case is also Reported in: 17 MLR (HCD) (2012) 393. ...... No one appears - For the respondents. First Miscellaneous Appeal No.173 of 2005. Judgment Syed Md. Ziaul Karim J.- This appeal, at the instance of defendant No.3 appellant calls in question the legality and propriety of the Judgment and order dated 27-11-2004 passed by learned Joi......t Court, Dhaka directing defendant Nos.8 and 9 to maintain status-quo in respect of payment under letter of credit as described in Schedule -'B' of plaint in Title Suit No.399 of 2004. 2. Material facts are that on 21-11-2004 plaintiff instituted Title Suit No.399 of 2004 in the first Court of Jo..Category: Business or Commercial Law | Date: | Hits: 365
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