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....perty without notice of transaction to which such document related."
27. So, in my view the lower appellate Court on this point also without applying its judicial mind at all to the relevant legal provision allowed the appeal considering the fictitious documents of the defendant No.1 as a genuine......its that the judgment of the trial Court below is shockingly perverse and illegal inasmuch as the said court determined issue No.1 on maintainability of the suit against the established principles of law that all the ejmali properties are to be brought into the Hotch potch of the suit which was corr..
Category: Property Law | Date: | Hits: 66
....xecution proceeding as well as the impugned order is without lawful authority.
7. Respondent No.3, the Bank contested the rule by filing an affidavit-in-opposition contending, inter-alia, that the provision of section 28 (4) of the Ain, 2003 is not applicable in the Artha Jari case No.145 of 2007...... in Artha Execution Case No.145 of 2007 by the Artha Rin Adalat No.2, Dhaka so far as it relates to issuing warrant of arrest against the petitioners shall not be declared to have been passed without lawful authority and is of no legal effect.
2. The facts necessary for the disposal of the rule a..
Category: Civil Law | Date: | Hits: 85
Md. Ragib Hasan Khan @ Munu Vs. State and another, 2009, 38 CLC (HCD)
.... The inherent power, thus, can be exercised only for exercise of the three purposes specifically mentioned in the section which are- (a) the power is not to be resorted to if there is specific provision in the Code for the redress of the grievance of the aggrieved party and the same not be ex......oceeding" is one of compendious connotation but its practical result is setting aside or reversal of the order initiating the proceeding. This rule has its source in a maxim which means that when the law gives anything to anyone it gives also all those things without which the thing itself would not..Category: Procedural Law | Date: | Hits: 79
Pubali Bank Ltd. Vs. Contech Ltd. and others, 2005, 34 CLC (HCD)
....ee of the Arthorin Adalat and these vital aspects were overlooked by the Trial Court in granting the order of status quo. The learned Advocate further submits that the impugned order also offends the provision of section 37 of the Arthorin Adalat Ain inasmuch as a time frame has been given by the Pa......rd together we propose to dispose of the appeal first. 6. Mr. Mrinal Kanti Biswas, the learned Advocate appearing for the appellant submits that the instant suit is misconceived and not tenable in law inasmuch as the averments which have been made in the plaint of the present suit was exactly the..Category: Civil Law | Date: | Hits: 87
Aleka Khatun and others Vs. Government of Bangladesh, 2004, 33 CLC (HCD)
....ch, we hold that this writ petition is also bad for this reason. In the result, the Rule is discharged without any order as to cost. Ed. This Case is also Reported in: 61 DLR (HCD) (2009) 693. ...... impugned letter dated 19-4-2002 vide Memo No. BPRH/2L/23/2003-294 issued by respondent No. 4, evidenced by Annexure-T to the petition, moved in Court should not be declared to have been made without lawful authority, illegal, without jurisdiction and is of no legal effect and the respondents should..Category: Property Law | Date: | Hits: 69
Alam Taj Begum @ Monowar Begum & others Vs. Nimai Chandra Roy, 2009, 38 CLC (HCD)
....lowing the appeal. The learned Advocate further submitted that in the facts and circumstances of the present case Article 44 of the Limitation Act is applicable and under the said Article there is no provision for counting the limitation from the alleged knowledge of the plaintiff about the disputed......transferred the 18 decimals of land on 17-2-73 by 4 deeds to the defendant Nos.1-4; that the plaintiffs name was shown in the serial number 4 of the said deed dated 17-2-73 which are illegal, without lawful authority; that the 6 decimals of land showing in the aforesaid deeds and showing the defenda..Category: Procedural Law | Date: | Hits: 69
Abdul Quddus Vs. Mobarak Hossain, 1996, 25 CLC (HCD)
....দমা চালাইবনা গণ্যে তদবীর অভাবে খারিজ করা হইল।” 8. So, Mr. Mahbuey Alam, the learned Counsel, submits that although the provision of section 151 CPC cannot be invoked and jurisdiction under it cannot be ordinately exerci...... therefore, discharged. The order of stay granted earlier by this Court on 7‑4‑96 is also hereby vacated. No order as to costs. Ed. This Case is also Reported in:48 DLR (HCD) (1996) 572. ..Category: Procedural Law | Date: | Hits: 82
Akbar Hossain (Md.) Vs. Bangladesh and others, 1996, 25 CLC (HCD)
....e above two Judgments the Government has not taken any action for excluding the disputed building from the list of abandoned property by notifying in official Gazette. 10. We have gone through the provisions of Ordinance No.LIV of 1985, the Abandoned Buildings (Supplementary Provisions) Ordinance......393 of 1979. In this writ petition it was held that the treatment of the disputed house by the Government as abandoned property within the meaning of President's Order of 1972 was illegal and without lawful authority and of no legal effect. Along with the above direction was also issued to the Secre..Category: Property Law | Date: | Hits: 77
Arzan @ Iman Ali Vs. State, 1996, 25 CLC (HCD)
....oits had taken to their heels and another and a separate transaction came into being when they started firing and in course of such firing if anyone is killed they will be punishable under some other provisions of the Penal Code than under section 396 of the Penal Code. The word murder appearing in ......88 and on the same date he succumbed to his injury. He brought the death certificate Ext. 10. At the time of his death his name was not known but subsequently it was gathered from his mother‑in‑law. This is the only isolated statement so far made by the prosecution that deceased Tajul died as ..Category: Criminal Law | Date: | Hits: 75
State Vs. Government of Bangladesh and others, 2011, 40 CLC (HCD)
.... the Ministry of Commerce, allotted the subject land to BGMEA to enable it to construct its building. 33. BGMEA went on to say that RAJUK never issued any notice upon it alleging any breach of any provision of the Building Construction Act 1952 (henceforth the Act) or requiring BGMEA to remove it......struction), RAJUK,Dhaka 5) Deputy Commissioner, Dhaka and Commissioner, Dhaka Metropolitan Police, Park Avenue, Dhaka should not be directed to take necessary and appropriate steps in accordance with law to demolish the BGMEA Building located at Hatir jheel, Dhaka, being an unauthorized construction..Category: Constitutional Law | Date: | Hits: 642
Rais Ali alias Md. Rais Ali and others Vs. Mst. Hajera Khatun and others, 2009, 38 CLC (HCD)
....the time of issuance of the rule is hereby vacated. Send down the lower Court records alongwith a copy of the judgment immediately. Ed. This Case is also Reported in: 18 BLT (HCD) (2010) 62. ......inciple of waiver, estoppel, and acquiescence will not be applicable upon the pre-emptors in the facts and circumstances of this case of pre-emption and as such the trial Court has committed error in law in finding that the pre-emption case is barred by principle of waiver, estoppel and acquiescence..Category: Civil Law | Date: | Hits: 192
Bangladesh House Building Finance Corporation Vs. Mosammat Amena Begum, 2010, 39 CLC (HCD)
....2004 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 petitioner Corporation filed Miscellaneous Case No.26 of 2003 as per provision of President Order 7 of 1973 read with Act XVIII of 1952 in the Court of District Judge, C......y the said order the petitioner corporation has preferred the present provisional application. 8. Mr. Shahid Alam, the learned Advocate for the petitioner Submits that the Executing Court erred in law is not allowing the costs for advertisement for auction notice, published in the newspaper and t..Category: Civil Law | Date: | Hits: 276
Fazlul Haque (Md.) Vs. Abdul Malek and another, 2008, 37 CLC (HCD)
.... The Code of Civil Procedure, 1908 (Act No. V of 1908); section 151 Inherent power of the Court under section 151 of the Code of Civil Procedure, 1908 cannot be invoked where there are specific provisions for the relief sought for. Inherent power could only be invoked by the Court in case wher......n after the expiry of the period originally fixed or granted. Only exception to such general principle is when the period is fixed or granted by the Court on the basis of the period prescribed by any law, the Court then would have no power to extend such period of time under the section. Similarly, ..Category: Civil Law | Date: | Hits: 281
Khurshida Begum Vs. Monira Begum and others, 2008, 37 CLC (HCD)
.... Office is directed to send down the record of the case at once with a copy of the Judgment for information and necessary action. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 91. ......there is prima facie case for going to trial………………………………..(10) When a naraji petition is filed against the Police report the same should be disposed of in accordance with law……………………………(13) Case Referred to- Rahela Khatun Vs. Abul Hossain, 48..Category: Criminal Law | Date: | Hits: 177
MM Shabbir Hasan Vs. State and others, 2012, 41 CLC (HCD)
....ioner on such day. 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) 465. ......of the Code of Criminal Procedure. 4. On such submission, we have gone through the FIR and the police report filed today by the supplementary affidavit meticulously. It is settled principle of law and long standing practice that prayer for bail can be agitated at any time on different cause o..Category: Criminal Law | Date: | Hits: 151
Habib Khan Vs. State, 2012, 41 CLC (HCD)
....ore Hafazat Nirapad Abssan are directed to set at liberty the victim Mosammat Rokeya Dil Afroz Munmun forthwith. This Case is also Reported in: 64 DLR (HCD) (2012) 462, 18 MLR (HCD) (2013) 19. ......on under section 491 of the Code of Criminal Procedure. 15. The aforesaid section requires determination as to whether the order of judicial custody of victim Mosammat Rokeya Dil Afroz Munmun is lawful and whether she is entitled to go accordingly to her will and choice. 16. For determinatio..Category: Criminal Law | Date: | Hits: 176
Dr. S.M. Eunus Ali Vs. Artha Rin Adalat and others, 2012, 41 CLC (HCD)
....e Writ Jurisdiction The judgment and decree of the Artha Rin Adalat cannot be interfered with invoking the writ jurisdiction under Article 102 of the Constitution, as there is an alternative provision for appeal against a judgment of the Artha Rin Adalat under the Ain, 2003……………......o.33 dated 25.07.2004 and the order No.37 dated 29.08.2004 passed by the 2nd Court of Artha Rin Adalat, Bagerhat in Artha Rin Suit No.14 of 2003 should not be declared to have been passed without any lawful authority and is of no legal effect and/or pass such other or further order or orders as to t..Category: Civil Law | Date: | Hits: 254
Md. Shahid Bepari @ Shahidullah and other Vs. State, 2009, 38 CLC (HCD)
....section 324 of the Penal Code and sentencing each of them to suffer imprisonment for 2 (two) years and to pay a fine of taka 500/= in default to suffer RI for three months more. 33. Now we see the provision of the law envisages under section 302/34 of the Penal Code. "Section 302: Punishment f......he State…………………….Respondent Judgment January 13, 2009. Result: The appeal is allowed in part. The fundamental and basic presumption in the administration of Criminal law and justice delivery system is that the accused should be presumed to be innocent till the charg..Category: Criminal Law | Date: | Hits: 153
Ibrahim Akand and others Vs. Securities and Exchange Commission and others, 2009, 38 CLC (HCD)
.... policy and not acted in compliance with the definition of closed-end mutual fund as contained in the Rules, 2001 it, following due process, decided to reiterate the contents of the definition in the provision of rule 66 of the Rules on advice of an expert committee as well as stakeholders in the be......ecurities and Exchange Commission (Mutual Fund) Rules, 2001 (Annexure-K) restricting Respondent Nos.3-6 from declaring stock dividend or rights issue should not be declared to have been taken without lawful authority and to be of no legal effect. 2. The facts leading to the issuance of the Rule, ..Category: Business or Commercial Law | Date: | Hits: 462
Mehir Chandra Bhomick Vs. Deputy Commissioner, Brahmanbaria and others, 2007, 36 CLC (HCD)
....In the present case, I find that the judgment of the trial Court is well reasoned and based on elaborate discussion and is amply supported by evidence, both oral and documentary, as well as the legal provisions and the Court of appeal below failed to reverse those findings by cogent reasonings. 1......................Petitioner Vs. Deputy Commissioner, Brahmanbaria and others....................Opposite parties Judgment August 28, 2007. Result: The Rule is made absolute. The law of enemy property died with the repeal of Ordinance No.1 of 1969 on 23.3.74 and no further veste..Category: Property Law | Date: | Hits: 155
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