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Aminur Rashid Chowdhury Vs. Government of Bangladesh and others, 2012, 41 CLC (AD)
.... of land". Security of Tk. 1000/- is to be deposited within 1 (one) month. Preparation of paper book, as prayed for, is dispensed with. Ed. This Case is also Reported in:9 ADC (2012) 650. ......e to the writ respondent No.1 for approval and for other necessary steps; that the writ petitioner filed a petition to the Deputy Minister, Ministry of Land for getting lease of 60 acres of land in view of the judgment and decree passed in Other Suit No.186 of 1987 of Mouza Saral rod Gandamara and..Category: Civil Law | Date: | Hits: 182
Hazi Shamul Alam Vs. Dr. Ashim Sarkar and others, 2006, 35 CLC (HCD)
....onnected Civil Rule No.17(F) of 2004 is discharged and the order of stay is vacated. Send down the lower Court's records at once. Ed. This Case is also Reported in: 13 MLR (HCD) (2008) 199. ......-undeniable right to challenge the misdeeds of defendant No.5, and as such the plaintiff's prayer as contained in prayer (b) of the schedule is maintainable in law. Mr. Quayum further submits that in view of the clear statement made in paragraph 2 of the plaint and in the view of the positive eviden..Category: Property Law | Date: | Hits: 132
Prof. Serajul Islam Chowdhury and others Vs. Jahangirnagar University and others, 2009, 38 CLC (HCD)
.... Judgment complying with the principles of natural justice and fairness. 62. There is no order as to costs. Ed. This Case is also Reported in: 30 BLD (HCD) (2010) 6; 61 DLR (HCD) (2009) 744 ....... New South Wales Branch of Medical Association Branch, 1924 A.C. 764 and Secretary of State Vs. Mask and Co, 67 1A 222. (State Medical Faculty of West Bengal Vs. Vshti Bhusan, 64 CWN 842). 27. In view of the constitutional provisions in Article 102 the remedy by way of writ cannot be denied to a..Category: Employment/Service Law | Date: | Hits: 169
Moniruzzaman (Md.) Vs. Bangladesh House Building Finance Corporation and others, 2010, 39 CLC (HCD)
....ay passed earlier is hereby vacated. There shall, however, be no order as to cost. Communicate a copy of this judgment at once. Ed. This Case is also Reported in: 16 BLC (HCD) (2011) 239. ......Subsequently the HBFC, however, moved an application before the District Judge, Tangail, praying for transferring the Miscellaneous Case from the Artha Rin Adalat to the Court the District Judge in view of Article 27 of PO No.VII of 1973. The Miscellaneous Case No.39 of 1993 was accordingly transf..Category: Property Law | Date: | Hits: 127
Sk Shayeed-ul-Amin and others Vs. State, 2010, 39 CLC (HCD)
....esult, we find merit in the rule issued earlier. According the rule is made absolute. Send down the Lower Court Record at once. Ed. This Case is also Reported in: 16 BLC (HCD) (2011) 237. ......These all matters are absolutely within the Jurisdiction of the Registration Act and the Transfer of Properties Act which is a civil jurisdiction rather than any liability under Penal Code. 14. In view of the above discussion, we consider that if the complainant has given any amount of money in o..Category: Criminal Law | Date: | Hits: 102
Santosh Mia Vs. State, 1989, 18 CLC (HCD)
....nced to 5 (five) years rigorous imprisonment. In the result, the appeal is dismissed and the Rule is made absolute in above terms. Ed. This Case is also Reported in:42 DLR (HCD) (1990) 171. ...... appearing for the State, submitted that in fact occurrence took place in the manner alleged by the prosecution that all P.Ws. although related to the victim are natural and truthful witnesses and in view of the circumstances then obtained at the scene of occurrence prosecution witnesses are the..Category: Criminal Law | Date: | Hits: 118
Mohsin Ali Chowdhury Vs. Muzammel Khan & Others, 1989, 18 CLC (HCD)
.... find no ground to interfere with the judgment and decree passed by the learned appellate Court. The rule is discharged without costs. Ed. This Case is also Reported in:42 DLR (HCD) (1990) 167. ......for alternative pathway over their own land. In such circumstances the easement of necessity, if any, in favour of the plaintiffs is extinguished. The appellate Court below in substance took this view, I find that the appellate Court below has not committed any illegality to come to this conclus..Category: Civil Law | Date: | Hits: 189
Arshad and others Vs. State and another, 2010, 39 CLC (HCD)
....rder passed in connection with the Rule sands vacated. Send a copy of the judgment and order to the concerned Court below at once. Ed. This Case is also Reported in: 16 BLC (HCD) (2011) 233. ......d. …………………(13) In the explanation to section 403 Cr.P.C. the situations like dismissal, discharge and stoppage of proceeding under section 249 Cr.P.C. are only excluded from the preview of section 403, while acquittal is not.……………(14) Case Referred to- Dewan Obaidu..Category: Procedural Law | Date: | Hits: 108
Jahirul Islam (Md.) Vs. Rokeya Begum and others, 2009, 38 CLC (HCD)
....rse to deceitful tactic to defraud the plaintiff and the learned Appellate Judge by not considering this very material aspect of the case has committed error of law and fact as well and arrived at an erroneous decision occasioning failure of justice. As such the same is not sustainable in law. In su......e defendant Nos. 4 who in his turn return the same to the defendant Nos.1-3 as they express their unwillingness to executed and registered saf kabala in favour of the plaintiff and defendant No.4. In view of the fact that the stipulated period for execution and registration of their sale deed has be..Category: Civil Law | Date: | Hits: 153
Abul Hashem Vs. Mahmuda Khatoon & another, 2012, 41 CLC (HCD)
....h and the learned Assistant Judge and Family Court, Fulbaria, Mymensingh along with the lower Court records. No order as to costs. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 494. ......ld without any contribution from the father whose duty it is to maintain the child. But if she does not claim separate maintenance for the child, the Court will consider her overall needs, keeping in view the fact that she has been supporting a child in the same household. In either case, the claim ..Category: Family Law | Date: | Hits: 246
Nur Mohammad Vs. Serajul Islam and others, 2012, 41 CLC (HCD)
.... but both the Courts did not consider the same. He further submitted that though the defendants contested the earlier suit but in the said suit no title of the parties was decided but both the Courts erroneously found that the defendants lost upto the High Court Division which is erroneous findings ....... The order of stay granted earlier by this Court is hereby recalled and vacated. Send down the Lower Court's Records at once. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 491. ..Category: Property Law | Date: | Hits: 134
....us quo granted earlier at the time of issue of the Rule on 15.12.02 is hereby recalled and vacated.
Send down the records at once.
Ed.
This Case is also Reported in: 13 MLR (HCD) (2008) 273.
......ing interest under section 20 of the State Acquisition and Tenancy Act, 1950. It however found the plaintiffs were admittedly in possession since long on the basis of the documents adduced, upon such view, it held that the plaintiffs failed to prove the record of rights was wrong and that the plaint..
Category: Property Law | Date: | Hits: 100
Anwar Hossain (Md.) and others Vs. State and others, 2003, 32 CLC (HCD)
.... the Court was calculated to introduce great confusion with the administration of the law. There is a clear distinction between the jurisdiction of the tribunal to try and determine a matter, and the erroneous action of such tribunal in the exercise of that jurisdiction. The former involves the powe...... of detention. A preventive detention is the deprivation of the liberty of a citizen, which right should not be taken away in an arbitrary manner and accordingly, this Court has been given power to review the actions of the detaining authority under Articles 102(2)(b)(i) of the Constitution and unde..Category: Criminal Law | Date: | Hits: 114
Muhibur Rahman Manik and others Vs. Bangladesh and others, 2003, 32 CLC (HCD)
....ion of law. In the result, the Rules are discharged without any order as to cost. The orders of stay granted earlier are vacated. Ed. This Case is also Reported in: 55 DLR (HCD) (2003) 636. ......right to speedy trial of a person accused of an offence and it is the duty of the Parliament to enact the law to ensure such right and the Druto Bichar Tribunal Ain, 2002 was enacted with that end in view. An accused tried by the Tribunal and an accused tried by the other Courts as mentioned in the ..Category: Criminal Law | Date: | Hits: 177
Md. Momtaz Uddin Vs. Sreemoti Bimala Rani Roy @ Bigini Roy and others, 2008, 37 CLC (HCD)
....dated 27.4.2002 by appellate Court in T.A. 154/97 be recalled. L.C records along with copy of the judgment be sent down accordingly. Ed. This Case is also Reported in: 18 BLT (HCD) (2010) 1. ...... appellate Court could itself arrange for additional evidence on above points from the parties instead of sending the case on remand to the Trial Court vide impugned Judgment. This Court is of the view that Trial Court will be more competent to do procedural modified in above regard. Having consi..Category: Procedural Law | Date: | Hits: 118
Md. Atiqur Rahman @ Milon and others Vs. State, 2009, 38 CLC (HCD)
....ction of the Court on further undertaking to produce the same to the Court on and when directed by the Court. Communicate at once. Ed. This Case is also Reported in: 18 BLT (HCD) (2010) 409. ......ong time or the applicant will unnecessarily incur heavy loss if the seized goods are not released in favour of the applicant, in such case, the application for taking jimma can be granted. 21. In view of the above mentioned conditions for granting the prayer for jimma, we are of the opinion that..Category: Procedural Law | Date: | Hits: 142
Md. Abdul Mazid Miah Vs. Sree Shuvendu Sekhor, 2010,39 CLC (HCD)
....y learned Senior Assistant Judge, Faridpur, Pabna allowing an application to re-call P.W.1 to prove some documents in pre-emption Misc. case No.19 of 1993 suffers from an error of law resulting in an erroneous decision occasioning failure of justice. 2. Material facts are that the opposite party ......are not at all speaking order, therefore the same cannot be sustained in the eye of law. 5. The learned Advocate appearing for the opposite party opposes the Rule and submits that virtually with a view to delay the disposal of the proceedings the petitioner filed such application and the Courts b..Category: Procedural Law | Date: | Hits: 163
Foyez Ahmed and others Vs. Uttara Bank and others, 2002, 31 CLC (HCD)
.... Court is directed to dispose of the application under Order XXI rule 58 in accordance with law on merit. Communicate this order. Ed. This Case is also Reported in: 55 DLR (HCD) (2003) 635. ......n under the aforesaid provision of law, then it is the duty of the court to investigate the claim and the executing Court should not reject the application without assigning any reason. 4. In such view of the matter, we are of the view that the learned Executing Court has committed serious error ..Category: Procedural Law | Date: | Hits: 128
Dr. Md. Mofizur Rahman and others Vs. Md. Bashirullah and another, 2003, 32 CLC (HCD)
.... court of Metropolitan Magistrate, Dhaka is hereby quashed. Communicate the order to the Court of Metropolitan Magistrate, Dhaka. Ed. This Case is also Reported in: 55 DLR (HCD) (2003) 630. ......ged in this section and, as such, the proceeding initiated against the accused petitioners cannot but be said to be violative of the provisions of law warranting interference by this Court. 10. In view of our discussions as made above and the facts and circumstance of the case, we have no other a..Category: Civil Law | Date: | Hits: 163
Islami Bank and others Vs. Dewan Md. Yusuf, 2002, 31 CLC (HCD)
....udgment and the decree passed by the learned Court below. In view of above the appeal is dismissed without any order as to cost. Ed. This Case is also Reported in: 55 DLR (HCD) (2003) 624. ...... liability, no lesser a personality than that of Lord Scarman, in Tai Hing Cotton Mills case, with whom other Right Honourable Members concurred, in delivering the advice for the Board, expressed the view that in the absence of express agreement to the contrary, the duty of care owed by a customer t..Category: Criminal Law | Date: | Hits: 130
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