Search Options
Judgment Advanced Search
Displaying 1-20 of 3679 results.
Ahmad Ullah Vs. Md. Younus and Ors, 2016, 45 CLC (HCD)
....e of issuance of the Rule shall stand vacated. Let a copy of the judgment be sent to the court concerned. Ed. This Case is also Reported in: 68 DLR (HCD) (2015) 228 ......t concerned. Ed. This Case is also Reported in: 68 DLR (HCD) (2015) 228 ......e date on the said cheque. It is the choice and decision of the drawer of a cheque to hand over a dated, post-dated or undated cheque to the payee. He (drawer) cannot subsequently come with the plea that an undated or post-dated cheque handed over to the payee. In such case he is stopped by his cond......ellip;……Respondent Judgment February 29, 2016 Result: The Rule is discharged Questions of Facts to be decided by the Trial Court— Questions raised before this court by way of filing this application under section 561A are mainly questions o..Category: Banking Law | Date: 29 Feb, 2016 | Hits: 23
Hafizur Rahman Vs. Abdur Rahman Miah and Others, 2015, 44 CLC (HCD)
....mination: i) Whether the suit is maintainable in its present form and manner? ii) Whether there was any bainapatra executed between the plaintiff and defendant No. 1 with regard to the suit land? iii) Whether the defendant paid balance consideration money within time as mentioned in t......15, 2015 Result: The appeal is allowed It is well settled that where in any contract, time is intended to be of the essence of the contract, it is not sufficient to find whether there was such intention or not, but it is necessary to find whose unwillingness to perform his part of the...... Vs. Abdur Rahman Miah and Others…………..Defendant-Respondent Judgment December 15, 2015 Result: The appeal is allowed It is well settled that where in any contract, time is intended to be of the essence of the contract, it is not sufficie......lt: The appeal is allowed It is well settled that where in any contract, time is intended to be of the essence of the contract, it is not sufficient to find whether there was such intention or not, but it is necessary to find whose unwillingness to perform his part of the obligation under ..Category: Contract Law | Date: 15 Dec, 2015 | Hits: 1
Yeamin Nobi (Md.) and others Vs. Moklesur Rahman and others, 2015, 44 CLC (HCD)
....Court, Kushtia in Miscellaneous (pre-emption) Case No. 43 of 1989 disallowing the Miscellaneous Case under section 4 of the Partition Act. 2. The appellants' case, in-short, is that the land measuring 0.58 acre in plot No.724 apperaining to CS Khatian No. 509 under holding No. 8 of Kus........Appellants Vs. Moklesur Rahman and others............Respondents Judgment December 11, 2015. Result: The appeal is dismissed. On long drop 16/17 years if a case is remanded to the trial Court below for deciding afresh in giving opportunity to the parti......sult: The appeal is dismissed. On long drop 16/17 years if a case is remanded to the trial Court below for deciding afresh in giving opportunity to the parties to add further evidence that will not improve the ultimate result of the case…......(26) Case Referred to- S...... and others............Respondents Judgment December 11, 2015. Result: The appeal is dismissed. On long drop 16/17 years if a case is remanded to the trial Court below for deciding afresh in giving opportunity to the parties to add further evidence that will not i..Category: Civil Law, Procedural Law | Date: 11 Dec, 2015 | Hits: 36
Ali Ahsan Muhammad Mujahid Vs. The Government of Bangladesh, 2015, 44 CLC (HCD)
.... to the law as I find it to be and not as I fervently wish it to be”. (The Yale Law Journal No.6 page 1138). 17. Lord Justice Denning, Master of the Rolls of the Court of Appeal in England, appearing before the British Royal Commission on Capital Punishment, stated his views on this ...... Ed. This case is also Reported in: ...... the protection of the society. The Supreme Court of India, in Ediga Annamma (AIR 1974 SC 799) while noticing the social and personal circumstances, possessing an extenuating impact, has highlighted that death penalty may not be a time barred punishment in some frightful areas of barbarous murder. I...... J Ali Ahsan Muhammad Mujahid…………………………Appellant Vs. The Government of Bangladesh represented by the Chief Prosecutor, International Crimes Tribunal, Dhaka, Bangladesh………………..Category: International Crimes Tribunal Law | Date: 18 Nov, 2015 | Hits: 111
Abdul Hamid Chowdhury (Iqbal) and Others Vs. Artha Rin Adalat and Others, 2015, 44 CLC (HCD)
....to give a fresh decision after hearing the parties in accordance with law at the earliest. Communicate at once. Ed. This Case is also Reported in: 68 DLR (HCD) (2016) 148 ......d Others………………………..Respondent Judgment November 5, 2015 Result: The Rule is made absolute. An Ex-Parte Decree— How the Court Passed— The ex-parte decree passed upon the admitted facts has been ab......The ex-parte decree passed upon the admitted facts has been absolutely vitiated by perversity. In this case the Adalat exceeded it's jurisdiction and acted in such a manner in deciding the issue that certainly added to have been passed without jurisdiction leading to perversity. It is a case of ......n that no writ lies against the judgment and decree of the Artha Rin Adalat shall not apply………………..(6) Lawyers Involved: Md. Jamiruddin Sirkar, Senior Advocate and Md. Farhad Hossain Kazal, Advocate—For the Petitioner Hosainul Kabir..Category: Banking Law | Date: 5 Nov, 2015 | Hits: 3
Hazi Abdul Late Vs. Abu Naseruddin and Others, 2015, 44 CLC (HCD)
....enancy Act on reversing those dated 31-5-2002 passed by the learned Senior Assistant Judge, 2nd Court, Narayangonj in Miscellaneous Case No. 33 of 1994. It is the case of the pre-emptor that the case land was transferred to the pre-emptee-petitioner on 20-4-1992 of which pre-emptor came to know on t...... Sharif Uddin Chaklader J Hazi Abdul Late……………………………………….Petitioner Vs. Abu Naseruddin and Others…………………..Respondent Judgme......isition and Tenancy Act on reversing those dated 31-5-2002 passed by the learned Senior Assistant Judge, 2nd Court, Narayangonj in Miscellaneous Case No. 33 of 1994. It is the case of the pre-emptor that the case land was transferred to the pre-emptee-petitioner on 20-4-1992 of which pre-emptor came......ellip;…………..Respondent Judgment September 10, 2015 Result: This Rule is made absolute. Lawyers Involved: Syed Ridwan Hossain, Advocate—For the Petitioner None appears—For the Opposite parties. Civil Revision No.1118 of 2..Category: Procedural Law | Date: 10 Sep, 2015 | Hits: 1
Turfatur Ain Chowdhury Vs. Artha Rin Adalat Dhaka and Others, 2015, 44 CLC (HCD)
....and properties of the principal-debtor (the Company). If the Company's assets and property are sufficient to pay off the Bank's loan, there is no point of selling the deceased-mortgagor's landed property. If the loan-money is not adjusted through selling the mortgaged property, the ......nbsp;10(2) Constitution of Bangladesh, 1972; Article 102 Rule 10(2) The Court may at any stage of the proceedings, either upon or without any application of either party, and on such terms as may appear to the Court to be just, order that the name of any party improperly joined, whether a......972; Article 102 Rule 10(2) The Court may at any stage of the proceedings, either upon or without any application of either party, and on such terms as may appear to the Court to be just, order that the name of any party improperly joined, whether as plaintiff or defendant, be struck out, and t......le is discharged. Code of Procedure, 1908; Order I, rule 10(2) Constitution of Bangladesh, 1972; Article 102 Rule 10(2) The Court may at any stage of the proceedings, either upon or without any application of either party, and on such terms as may appear to the Court to be just,..Category: Constitutional Law, Procedural Law | Date: 25 Aug, 2015 | Hits: 4
Tufail K. Haider Vs. Extra Assistant Commissioner of Taxes and Others, 2015, 44 CLC (HCD)
....gst other, had shown Taka 8 crore as liability having been received as an advance from a developer company pursuant to a joint venture development agreement for construction of apartment flats on his land. Subsequently, the Inspecting Joint Commissioner of Taxes, Range-4 of Taxes Zone-4, Dhaka (resp...... Communicate this. Ed. This Case is also Reported in: 68 DLR (HCD) (2016) 105 ......s received by the petitioner in this case has been misconceived by the tax authorities and, as such, the same has been regarded as capital gains without jurisdiction. Thus, this Court is of the view that, the entire exercise of powers by the customs authority, in so far as this 'signing money......llip;Respondent Judgment August 24, 2015 Result: The Rule is made absolute Income Tax Ordinance (XXXVI of 1984) Section 120 and 121A Whether Tax Authorities have exercised Jurisdiction beyond its Power —under section 120 read with&nb..Category: Fiscal/Taxation Law | Date: 24 Aug, 2015 | Hits: 2
....fairs. His uncle Nutan Chandra Singha established Kundeshwari Owshadalaya and its factory, a primary school, girls' school, women's college, dormitory and acquired large chunk of agricultural land. He was also a social worker. In 1971 during the liberation struggle on 30th Chatra, he, Hemang......) (2015) 295
......y, mass killing of Hindu community on political and religious grounds, torture, arson-ing and other inhuman acts at Maddhaya Gohira Hindu Para, Gohira, Jogotmollopara, Banik Para, Sultanpur, Unashattarpara under Rawjan police station, Rawjan Pourashava area, Khagrachari-Rangamati conjoinin......
Surendra Kumar Sinha CJ
Nazmun Ara Sultana J
Syed Mahmud Hossain J
Hasan Foez Siddique J
Salauddin Qader Chowdhury.........................Appellant
Vs.
Chief Prosecutor, International Crimes Tribunal, Dhaka, Bangladesh........Respondent
Judgment
July 29, 2..
Category: International Crimes Tribunal Law | Date: 29 Jul, 2015 | Hits: 38
....biding citizen of Bangladesh; that CS khatian No. 611 of Ramnagar mouza under Daganbhuiyan PS was prepared in the name of Badsha Mia, Lal Mia and Ershadulla alias Esadulla in respect of 53 decimal of land in plot No. 2807 and 65 decimal of land in plot No.2810 in total 118 decimal of land; that Amir...... cost.
Ed.
This Case is also Reported in: 68 DLR (HCD) (2016) 173.
......Memo No.5/94/3102/1 dated 18-12-2002 of the respondent No. 3 and the Secret-Enquiry dated 16-7-2002 held at the instance of respondent Nos. 4-7 in making entry of possession of respondent No.9 in DP Khatian No.1124. (Annexures-E, E1, E2 and E3 respectively) should not be declared to have been made w......
Zahirul Islam Vs. Government of Bangladesh, 65 DLR 168; 44 DLR (AD) 260
Lawyers Involved:
Khurshid Alam Khan with Shahanara Begum and Md. Aziz Taufique, Advocates—For the Petitioner.
None appears—For the Respondents.
Writ Petition No. 9288 of 2005
..
Category: Constitutional Law, Property Law | Date: 28 Jun, 2015 | Hits: 1
Immam Hossain Sawdagor and others Vs. Abul Hashem and others, 2015, 44 CLC (AD)
....parties. He submits that the heirs of the original owners, as well as defendant No.3, were parties in the suit, and there being no case that any other person has had got any interest in the suit land, there is no defect of parties in the suit. He submits that the defendant No.3, was served with...... Division (Civil) Present: Md. Abdul Wahhab Miah J Md. Imman Ali J AHM Shamsuddin Chowdhury J Immam Hossain Sawdagor and others.........Petitioners Vs. Abul Hashem and others………………………..Respondent...... (a) and 11 Whether a Defendant absent in the Suit in spite of Summons upon him and did not file any written statement, can contest an Appeal— In the Code there is no provision that a defendant, who did not appear in the suit inspite of service of summons upon him and did not f...... DLR (AD) (2015) 266. ..Category: Civil Law, Procedural Law | Date: 15 Jun, 2015 | Hits: 12
....hase the petitioners are paying all rent, taxes, bill etc. to the Revenue Office, WASA, DESA and City Corporation and their names were duly recorded in the Government Revenue Office and in the recent land survey conducted by the Government and thereby possessing the said property peacefully; but, th......
Bangladesh Abandoned property (Control, managemnt and Disposal) Order, 1972 (PO No.16 of 1972); Article 2(1)
Abandoned Buildings (supplementary provision) Ordinance, 1985, Section 5(1)(b)
Cases Referred to-
Government of Bangladesh and others Vs. Bibi Marium and other, 54 DLR (AD) 10......Buildings (supplementary provision) Ordinance, 1985, Section 5(1)(b)
Cases Referred to-
Government of Bangladesh and others Vs. Bibi Marium and other, 54 DLR (AD) 100; Bangladesh Vs. Amela Khatun and others, 53 DLR (AD) 55; Iqbal Ahmed Quraishi Vs. Bangladesh represented by the Secretary, ......gal heirs: 1(ka) Fazilatun Nessa Mimi and others. ......Petitioners
Vs.
Government of the People’s Republic of Bangladesh represented by the Secretary, Ministry of Housing and Public Works & others.......Respondents
Judgment
May 27, 2015
Result:
The Rule is di..
Category: Abandoned Properties Law | Date: 27 May, 2015 | Hits: 35
Government of Bangladesh and oth¬ers Vs. Ashraf Ali, 2015, 44 CLC (AD)
.....................Respondent Judgment May 12, 2015 Result: The appeal is disposed of. In spite of repeal of sections 93A and 93B of the Act the pending acquisition of disputed land shall be continued under the provision as if those have not been repealed. The Town Impro...... May 12, 2015 Result: The appeal is disposed of. In spite of repeal of sections 93A and 93B of the Act the pending acquisition of disputed land shall be continued under the provision as if those have not been repealed. The Town Improvement Act, 1953 was amended by Act No.XXIX ...... No.41 of 1961-62 for the purpose of acquisition under section 93A of the said Act. Admittedly, the respondent (writ-petitioner) or his predecessors were paid compensation. There was no dispute that after such requisition and payment of compensation, possession of the land was taken over a......িষ্পন্ন হইবে”।........ (17) Case Referred to- Zamir Ali (Md.) Vs. Secretary, Ministry of Land, 52 DLR 125. Lawyers Involved: Ekramul Haque, Deputy Attorney-General, instructed by Mvi. Md. Wahidullah, Advocate-on-Record.—For the Appellants...Category: Administrative Law | Date: 12 May, 2015 | Hits: 6
Hossain Ali and Others Vs. Government of Bangladesh and Others, 2015, 44 CLC (HCD)
....id writ petition will be heard and disposed of subsequently by a separate judgment, if the same has not been disposed of in the meantime. 3. It is stated in the writ petition that 84.09 acres of land under CS Plot No. 565 appertaining to CS Khatian No. 107 of Mouza Keraniganj at present Tejgaon...... this court. Ed. This Case is also Reported in: 68 DLR (HCD) (2016) 37 ......rge Officer and Assistant Settlement Officer (Appeal Officer-in-Charge) for re-hearing of Appeal Case Nos. 62948 to 62951 all of 2002 (as contained in Annexure-I, I-1, I-2, and I-3) in respect of DP Khatian No. 1645 should not be declared to have been issued without lawful authority and of no legal ...... Result: The Rule is discharged. Case Referred to- Bhawal Raj Court of Wards Estate represented by its Manager Vs. Rashida Begum, 15 BLC (AD) 115 and Md. Aftab All Sheikh Vs. Director of Land Records and Survey and others, 58 DLR 397. Lawyers Involved: Md. Khairul ..Category: Property Law, Tenancy Law | Date: 30 Apr, 2015 | Hits: 4
State Vs. Abdus Salam and others, 2015, 44 CLC (AD)
....urrender before the concerned Court, the Chief Judicial Magistrate of Sylhet shall take step to take them in custody. Ed. This Case is also Reported in: 67 DLR (AD) (2015) 376 ......: 67 DLR (AD) (2015) 376 ......ment April 29, 2015. Result: The appeal is allowed in part. Jurisdiction of this Court in dealing with an appeal against an order of acquittal is circumscribed by the limitation that no interference is to be made with the order of acquittal unless the approach made by the lower ......p;…………Respondents Judgment April 29, 2015. Result: The appeal is allowed in part. Jurisdiction of this Court in dealing with an appeal against an order of acquittal is circumscribed by the limitation that no interference is to be made with the or..Category: Criminal Law, Procedural Law | Date: 29 Apr, 2015 | Hits: 10
Rukunuddin Mollah (Md.) and others Vs. Artha Rin Adalat 2nd Court and others, 2015, 44 CLC (HCD)
..... 33 dated 3-7-2013. Further case of the Petitioners are that the schedule to the Plaint and the Execution Application description of the property given as follows:- All that piece and parcel of land measuring 14.33 (fourteen point three three) decimals situated in the District- Dhaka......etitioners Vs. Artha Rin Adalat 2nd Court and others.....................Respondents Judgment April 27, 2015. Result: The Rule is discharged. The Auction Purchaser Acquired a Legal Right as Auction Purchaser for Valuable Consideration— Once th......able Consideration— Once the auction is complete no relief is available against such auction sale but the mortgagor any proceed against the mortgagee bank for compensation if it is proved that there was illegality in the auction sale...... (24) Case Referred to- Bhavan Vaja Vs. ...... others.....................Respondents Judgment April 27, 2015. Result: The Rule is discharged. The Auction Purchaser Acquired a Legal Right as Auction Purchaser for Valuable Consideration— Once the auction is complete no relief is available against su..Category: Banking Law, Others | Date: 27 Apr, 2015 | Hits: 10
Hasina Ahmed Vs. State, 2015, 44 CLC (HCD)
....ry of Salauddin Ahmed whichever is earlier. In the light of the discussions made hereinbefore, the Rule is discharged. Ed. This Case is also Reported in: 15 BLC (HCD) (2010) 343 ......ported in: 15 BLC (HCD) (2010) 343 ......arties. Repeated Denial of Police— In the backdrop of repeated denial of police that Salauddin Ahmed is under their custody, the Court has no scope under section 491 of the Code to ......is also Reported in: 15 BLC (HCD) (2010) 343 ..Category: Criminal Law, Procedural Law | Date: 20 Apr, 2015 | Hits: 2
Lutfor Rahman Mollah (Md.) and another Vs. M Safiul-Alam, 2015, 44 CLC (HCD)
....defendant-opposite party entered appearance in the suit and filed written statement contending that the plaintiffs have no locus standi to file the suit for permanent injunction against the defendant-landlord. The plaintiffs have no legal right to stay in the suit premises in question without any co............................Defendant-Opposite-Party Judgment April 13, 2015. Result: The Rule is discharged. In deciding the question of rejection of a plaint— Court while deciding application about rejection of plaint is not permitted in law to trav......Suit No. 488 of 2010 rejecting the plaint 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. The relevant facts briefly are that the petitioners as plaintiffs brought the aforesaid Title Suit No. 488 of 2010 in the court of l...... This Case is also Reported in: 67 DLR (HCD) (2015) 317. ..Category: Civil Law, Procedural Law | Date: 13 Apr, 2015 | Hits: 10
Anti-Corruption Commission Vs. A.A.M Habibur Rah¬man and anothers, 2015, 44 CLC (AD)
....ed to proceed with the cases in accordance with law. Accordingly, all the petitions are disposed of. Ed. This Case is also Reported in: 67 DLR (AD) (2015) 278 ......) (2015) 278 ...... In the matter of exercising the inherent power by the High Court Division, the requirement is to see whether continuance of the proceeding would be abuse of the process of the court or that the ends of justice require that the proceeding ought to be quashed……(45) ......bsp; ..Category: Anti-Corruption Laws, Criminal Law | Date: 12 Apr, 2015 | Hits: 8
Asek Elahi Vs. Jalal Ahmedand others, 2012, 41 CLC (AD)
....nbsp; Result: The appeal is dismissed. Sections 95 and 95A are special laws promulgated for the protection of poor tenants, maliks or raiyats from the clutches of the moneyed men or ex-landlords for restoration of mortgaged property in a summary manner without the intervention of the ......emption of mortgaged property available to a mortgagor by filing a suit for redemption…………… (23) The use of the word 'sale' is conditional and intended as security for the debt, inasmuch as in place of sale deed it was mentioned as conditional sale. It......hellip; (23) The use of the word 'sale' is conditional and intended as security for the debt, inasmuch as in place of sale deed it was mentioned as conditional sale. It was also recited that if the recipient of the deed failed to hand over possession on the demand of the vendors on repa.......................Respondents Judgment March 14, 2012. Result: The appeal is dismissed. Sections 95 and 95A are special laws promulgated for the protection of poor tenants, maliks or raiyats from the clutches of the moneyed men or ex-land..Category: Property Law | Date: 14 Mar, 2015 | Hits: 45
96559703960392239711971496999702956897179563919395629682957196049657960795658976