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Sukurjan Bibi Vs. Chairman, Court of Settlement, Dhaka, 2001, 30 CLC (HCD)
.... accordance with law after giving reasonable opportunity to the parties of being heard and also adducing evidence both oral and documentary. Ed. This Case is also Reported in: 54 DLR (2002)215. ...... case of Chand Miah Talukder Vs. Chairman, Court of Settlement, Dhaka and others reported in 45 DLR 304 respectively and submits that in both the cases it was held that a Court of Settlement is not empowered to dismiss a case for default. The law requires a decision on the issues raised and the same......rt of Settlement, Dhaka and others 45 DLR 304; Bangladesh vs. Feroz Ahmed and others 1 BLC (AD) 149. Lawyers Involved: Md. Azizul Hoque, Advocate—For the Petitioner Reba Kaniz, Assistant Attorney-General—For the Respondent. Writ Petition No. 1540 of 1988. Judgment MM Ruhul Ami...... accordance with law after giving reasonable opportunity to the parties of being heard and also adducing evidence both oral and documentary. Ed. This Case is also Reported in: 54 DLR (2002)215. ..Category: Property Law | Date: | Hits: 37
Jiban Bima Corporation represented by its MD Vs. Md. Mohibul Majid and another, 1999, 28 CLC (HCD)
.... within 3 months from the date of receipt of the order. Communicate the order to the leaned Assistant Judge, 4th Court, Dhaka at once. Ed. This Case is also Reported in: 52 DLR (HCD) (2000) 186. ......bmits that the learned Assistant Judge committed no error of law in passing the impugned order and it has not occasioned failure of justice to justify interference by this court exercising revisional power under section 115(1) of the Code of Civil Procedure. 9. The learned Advocate appearing for ......d. The learned Assistant Judge further found that since the petitioner has not adduced any evidence for proving wilful violation of the decree of permanent injunction, the petitioner was not entitled to any relief in the case. 6. Being aggrieved by the aforesaid impugned order, the petitioner mov...... within 3 months from the date of receipt of the order. Communicate the order to the leaned Assistant Judge, 4th Court, Dhaka at once. Ed. This Case is also Reported in: 52 DLR (HCD) (2000) 186. ..Category: Procedural Law | Date: | Hits: 79
Maksuda Begum Vs. Secretary, Ministry of Home Affairs and 2 others, 1999, 28 CLC (HCD)
....ained in Dhaka Central Jail, is declared illegal and the said detenu be set at liberty forthwith if not wanted in any other connection. Ed. This Case is also Reported in: 52 DLR (HCD) (2000) 174.......ained in Dhaka Central Jail, is declared illegal and the said detenu be set at liberty forthwith if not wanted in any other connection. Ed. This Case is also Reported in: 52 DLR (HCD) (2000) 174.......Amirul Kabir Chowdhury J Maksuda Begum…………….………………….Petitioner Vs. Secretary, Ministry of Home Affairs and 2 others……………Opposite Parties Judgment October 27, 1999. Lawyers Involved: Golam Mohammad Chowdhury, Advocate—For the Petitioner. ......ained in Dhaka Central Jail, is declared illegal and the said detenu be set at liberty forthwith if not wanted in any other connection. Ed. This Case is also Reported in: 52 DLR (HCD) (2000) 174...Category: Criminal Law | Date: | Hits: 44
Sree Sree Goranga Bishnu Priya and others Vs. Afzal Khan and others, 1999, 28 CLC (HCD)
....de. The application of the plaintiff-opposite party No.1 for staying the proceeding of SCC Execution Case No.1 of 1997 stands rejected. Ed. This Case is also Reported in: 52 DLR (HCD) (2000) 172.......er staying the proceeding of the Execution Case having been rested upon a total misconception and misapprehension of law and fact, the said order can be easily vacated by invoking the Courts inherent power under section 151 of the Code and the learned Subordinate Judge committed a substantial error ...... AK Badrul Huq J.- By this application under section 115 of the Code of Civil Procedure, the petitioners challenge the correctness of a decision recorded by the learned Subordinate Judge in refusing to vacate an order staying a Small Causes Court Execution Case whereupon Rule was issued calling upo......de. The application of the plaintiff-opposite party No.1 for staying the proceeding of SCC Execution Case No.1 of 1997 stands rejected. Ed. This Case is also Reported in: 52 DLR (HCD) (2000) 172...Category: Civil Law | Date: | Hits: 66
....
The power filed by Mrs. Sufia Khatun, the learned Assistant Attorney-General, on behalf of the respondent, be kept with the record.
Ed.
This Case is also Reported in: 52 DLR (HCD) (2000) 168.......0 of the said Rules, 1975 creates a vested right to a Nikah Registrar in respect of the areas to which a licence was granted to him before the amendment of Rule 10 on 19-1-93, the Govt. reserves full power and authority by virtue of the 2nd proviso of section 4 of the Act, 1974 to ‘extend, curtail......DLR (AD) 82.
Lawyers Involved:
Abdur Razzak, Advocate—For the Petitioner.
Abdul Baset Majumder with Md Momtazuddin Fakir Advocates—For the addition of Party.
Sufia Khatun, Assistant Attorney-General—For the Respondents.
Writ Petition No. 2371 of 1995.
Judgment
Md. Abdul A......ted in 50 DLR (AD) 82.
8. It appears to us that, although sub-rule (2) of Rule 10 of the said Rules, 1975 creates a vested right to a Nikah Registrar in respect of the areas to which a licence was granted to him before the amendment of Rule 10 on 19-1-93, the Govt. reserves full power and authori..
Category: Employment/Service Law | Date: | Hits: 76
Abu Ashed Bhuiyan and Others Vs. Abu Taher Bhuiyan & others, 2000, 29 CLC (HCD)
....ourt to interfere with the judgment and decree complained of. In the result, the Rule is discharged. There shall be no order as to cost. Ed. This Case is also Reported in: 54 DLR (2002) 209. ......ourt to interfere with the judgment and decree complained of. In the result, the Rule is discharged. There shall be no order as to cost. Ed. This Case is also Reported in: 54 DLR (2002) 209. ......1-1998 and 11-2-1998 respectively passed by the Senior Assistant Judge, Narshingdi in Title Suit No. 64 of 1996. 2. Jagadish Chandra and Ramesh Chandra gave a permanent settlement of the suit land to Firoz Bhuiyan by hukumnama dated 10th Kartick, 1344 BS and father of the defendant Nos. 1-9 Abu S...... said that Abu Sufian was not illiterate and knowing the contents of the hukumnama put his signature in the hukumnama as witness. Section 91 of the Evidence Act excluded oral evidence in respect of a grant which has been reduced in the form of a document and no oral evidence can be allowed to prove ..Category: Property Law | Date: | Hits: 23
Muslim (Md) Vs. Abdul Motaleb and others, 2001, 30 CLC (HCD)
....ored. The order of status quo in respect of the possession granted earlier by this Court is vacated. Send down the lower Court records. Ed. This Case is also Reported in: 54 DLR (2002) 196.......rom taking cognizance of facts that occur since the laying of the action and granting relief to the parties on the basis of the altered situation, under exceptional circumstances. This is an inherent power, which a Court is required to exercise if it is conceived to advance the cause of justice. The...... Nikhilesh Dutta, Advocate—For the Opposite Parties. Civil Revision No. 3054 of 1994 Judgment Md. Mamtazuddin Ahmed J.- This Rule was issued calling upon the opposite parties Nos.1 and 2 to show cause as to why the impugned Judgment and decree dated 11-7-1994 and 18-7-1994 respectively ......- petitioner has taken me through the Judgments of both the Courts below and submits that the trial Court on proper assessment of the evidences on record decreed the suit for permanent injunction and granted a further decree for eviction of the defendants from that portion of the suit property from ..Category: Property Law | Date: | Hits: 33
Hossain Vs. Customs, Excise and VAT Appellate Tribunal and others, 2001, 30 CLC (HCD)
....o business for which he could have imported the DOP instead of finishing goods. Considering the application made under section 138 of the Customs Act the customs authority should have exercised their discretionary power to allow the appellant to re-export and refund the exported goods to the supplie......issioner of Customs dated 12-12-2000 that for contravention of the provision of section 32 of the Customs Act penalty has been imposed under section 156(1)(4) of the Customs Act and by exercising the power under section 181(1) the customs authority instead of confiscation of the goods imposed penalt......f credit or to have the country’s hard-earned foreign currency refunded to the appellant. Ed. This Case is also Reported in: 54 DLR (2002) 193. ......racted finishing agent according to the letter of credit or to have the country’s hard-earned foreign currency refunded to the appellant. Ed. This Case is also Reported in: 54 DLR (2002) 193. ..Category: Fiscal/Taxation Law | Date: | Hits: 70
Mahmudul Huq Vs. Mostafa Kamal and others, 2010, 39 CLC (AD)
....ter public interest must prevail upon individual interests. We find no substance in this review petition which is accordingly dismissed. Ed. This Case is also Reported in: 15 MLR (AD) (2010) 431.......ter public interest must prevail upon individual interests. We find no substance in this review petition which is accordingly dismissed. Ed. This Case is also Reported in: 15 MLR (AD) (2010) 431.......gment and order dated 27.04.2009 passed by this Division in Civil Appeal No. 175 of 2007 along with Civil Petition No.290 of 2007.) Judgment Md. Abdul Matin J. - This review petition for leave to appeal is directed against the judgment and order dated 27.04.2009 passed by this Division in Civ......doctrine of legitimate expectation applies in the instant case. 9. The learned Counsel entering caveat for respondent No.1 supported the judgment and order of the High Court Division. Leave was granted to consider the above submissions. 10. After hearing the appeal this Court on 29.04.2009 ..Category: Others | Date: | Hits: 81
Arun Bhowmick & others Vs. Salim Reza & others, 1987, 16 CLC (HCD)
....rder dated 13.9.84 passed by the learned Munsif is hereby restored. The Rule is accordingly made absolute without any order as to costs. Ed. This Case is also Reported in: 40 DLR (1988) 199. ......ed Advocate for the opposite party relief on certain decisions reported in 38 DLR 47, 35 DLR 461 and AIR 1950 (Cal) 178. These decisions were given by Hon'ble Courts in exercise of their revisional power under section 115 of the Code of Civil Procedure. The facts leading to these decisions are t......; others.................Petitioners Vs. Salim Reza & others.................. Opposite Party Judgment November 12, 1987. Result: The Rule is made absolute. Cases Referred to- A.I.R. 1920 (Cal) 467 (ChiranjilIal Ramala Vs. Tulsira Janki Das); A.I.R. 1964 (Allahabad) 34......erefore, there remains nothing to be set aside. In that view of the matter the order allowing the application for review has become infructuous. The learned Advocate further argued that the order granting the review of order dated 13.9.84 is without jurisdiction as the same was done in contrav..Category: Procedural Law | Date: | Hits: 95
....
Let a copy of this order be communicated to the Superintendent of Dhaka Central jail for compliance.
Syed Fazle Ahmed J. - I agree.
Ed.
This Case is also Reported in: 40 DLR (1988) 193.......reventing him from doing any prejudicial act it is necessary so to do make an order directing that such person be detained. Thus it is absolutely clear that section 3 of the Special Powers Act only empowers the Government to direct detention of a person only if it is satisfied that with a view to pr......J
Syed Fazle Ahmed J
Mrs. Tahera Islam.................Petitioner
Vs.
The Secretary, Ministry of Home Affairs, Govt. of Bangladesh and others............Opposite parties
Judgment
October 27, 1987.
Cases Referred to-
38 DLR (AD) 70; BLD 1986(AD) 49; 20 DLR 1968; AKM Shamsuddi......
Let a copy of this order be communicated to the Superintendent of Dhaka Central jail for compliance.
Syed Fazle Ahmed J. - I agree.
Ed.
This Case is also Reported in: 40 DLR (1988) 193...
Category: Banking Law | Date: | Hits: 151
Falu Mia & others Vs. Safar Ali & others, 1988, 17 CLC (HCD)
....ke out any case for reception of additional evidence in this case. The Rules are therefore discharged but without any order as to costs. Ed. This Case is also Reported in: 40 DLR (1988) 165.......isdiction, in terms of Article 103(1) "to hear and determine appeals from judgments, decrees, orders or sentences of the High Court Division." 16. The Appellate Division has also full and complete powers to receive additional evidence in the appeal, if necessary, because Article 104 of the Consti......afa Kamal J Md. Mozammel Haque J Falu Mia & others.................Petitioners Vs. Safar Ali & others.............Opposite Parties Judgment March 24, 1988. Case Referred to- West Pakistan Vs. Gulzar Mohammad, 21 DLR (SC) 46. Lawyers Involved: M.H. Khondoker, wi......ke out any case for reception of additional evidence in this case. The Rules are therefore discharged but without any order as to costs. Ed. This Case is also Reported in: 40 DLR (1988) 165...Category: Property Law | Date: | Hits: 29
Asgar Ali & others Vs. Additional Deputy Commissioner, Khulna & others, 1987, 16 CLC (HCD)
.... remand for trial in the light of the observation made herein before. There will be no order as to costs. Send down the records at once. Ed. This Case is also Reported in: 40 DLR (1988) 157. ......ule having taken me through the judgments of the courts below and the records had submitted that it has always been the law that even if there is a bar in law in hearing a matter the court would have power always to examine the question of jurisdiction. He has further submitted that the decision in ......Ali & others..........................Petitioners Vs. Additional Deputy Commissioner, Khulna & others...............Opposite Parties Judgment August 30, 1987. Cases Referred to- Halima Khatun's case 30 DLR (AD) 20; Nasiruddin Vs. Government of Bangladesh 32 DLR (AD) 216;......ed property which is illegal and mala fide. Hence the suit. 3. In that suit the Additional Deputy Commissioner, Khulna appeared and opposed the prayer for injunction but the court was pleased to grant an ad-interim injunction on contest, where after opposite party No. 13, namely, Narendra Nath ..Category: Property Law | Date: | Hits: 36
Banesa Bibi Vs. The Senior Vice-President and others, 2009, 38 CLC (AD)
.... accordance with law and no interference is called for. The petition is accordingly dismissed. This Case is also Reported in: 63 DLR (AD) (2011) 160, 18 BLT (AD) (2010) 507, 8 LG (AD)(2011) 55.......erence and as she failed to repay the loan installments in terms of the loan in spite of demand notices sent by the bank, the bank, being appointed as attorney of the mortgagee-loanee by a registered power of attorney, sold the properties in auction, notice of which was duly published in the Nationa......or the Petitioner. Harun-Or-Rashid, Advocate, instructed by Md. Nawab Ali, Advocate-on-Record-For Respondent No. 8. Not Represented-Respondent Nos.1-7 & 9-11. Civil Petition for Leave to Appeal No.1774 of 2008. Judgment Shah Abu Nayeem Mominur Rahman J. - This leave petition i...... accordance with law and no interference is called for. The petition is accordingly dismissed. This Case is also Reported in: 63 DLR (AD) (2011) 160, 18 BLT (AD) (2010) 507, 8 LG (AD)(2011) 55...Category: Civil Law | Date: | Hits: 81
Azimul Kabir (Md) Vs. Government of Bangladesh and others, 2001, 30 CLC (HCD)
....officials to take proper and adequate care and caution to ascertain that there are materials justifying the passing of an order of detention. Ed. This Case is also Reported in: 54 DLR (2002) 189.......sions affecting the rights and liberties of the citizen of the State has the corresponding duty of acting judicially and the superior courts having supervisory jurisdiction over such persons have the power to see whether the said person has conformed to the judicial norms applicable to the case. Apa......d others 27 DLR 122; Md. Khair Ahmed vs. Bangladesh and others 40 DLR 353. Lawyers Involved: Moudud Ahmed with AM Mahbub Uddin, Advocates—For the Petitioner Obaidul Hasan Shaheen, Deputy Attorney General— For the Respondents. Writ Petition No.1481 of 2001. Judgment Md. Shamsul ......officials to take proper and adequate care and caution to ascertain that there are materials justifying the passing of an order of detention. Ed. This Case is also Reported in: 54 DLR (2002) 189...Category: Criminal Law | Date: | Hits: 45
SM Nasirul Haque Vs. Omar Faruque Chowdhury and others, 2001, 30 CLC (HCD)
....are confirmed. Order of stay as granted at the time of issue of the Rule is hereby recalled and vacated. Send down the records. Ed. This Case is also Reported in: 54 DLR (2002) 181. ......are confirmed. Order of stay as granted at the time of issue of the Rule is hereby recalled and vacated. Send down the records. Ed. This Case is also Reported in: 54 DLR (2002) 181. ......il with Shihabuddin Mahmood, Advocates—For the Opposite Party Nos. 1, 4 and 6. Civil Revision No.1585 of 1999. Judgment Md. Abdur Rashid J.- This Rule was obtained by the preemptor upon making a revision application under section 115 of the Code of Civil Procedure against judg...... 30. In the result, the Rule is discharged with costs. Impugned judgment and order affirming order of the trial Court in disallowing the application for preemption are confirmed. Order of stay as granted at the time of issue of the Rule is hereby recalled and vacated. Send down the recor..Category: Property Law | Date: | Hits: 39
State Vs. Kabel Molla and others, 2002, 31 CLC (HCD)
....f this judgment be forwarded to the learned Additional. Sessions Judge, First Court, Tangail for taking necessary action according to law. Ed. This Case is also Reported in: 55 DLR (2003) 108. ......defence party, Shamsu worked under the Chairman for any purpose Shamsu was not a good person and sometimes Shamsu used to collect subscription from boatmen during night time and even he had shown his power as a VDP man and slapped the boatmen and all these were complained to the Chairman of the Unio...... 280. Lawyers Involved: TH Khan with Subrata Saha, Md Jahurul Islam- For Condemned Prisoner Nos. 1‑5. Md. Khurshid Alam Khan‑ For Condemned Prisoner No. 6. Syed Abu Kowsar, Deputy Attorney-General with Fara Mahmuda, Assistant Attorney-General and Monowara Khatun, Assistant Attorney......f this judgment be forwarded to the learned Additional. Sessions Judge, First Court, Tangail for taking necessary action according to law. Ed. This Case is also Reported in: 55 DLR (2003) 108. ..Category: Criminal Law | Date: | Hits: 36
Sufia Islam Shila and another Vs. Shakhawat Hossain and others, 2001, 30 CLC (HCD)
....ssioner within 3 months and to conclude the trial preferably within another 6 months from the date of receipt of the copy of this judgment. Ed. This Case is also Reported in: 54 DLR (2002) 178. ......লীয় জমির পরিমান .০০৪৭ অযুতাংশ” In such a manner the learned Commissioner mentioned several times about possession. A Court of law cannot delegate power to the Advocate Commissioner for ascertaining possession. Mentioning or determining possession......ate—For the Opposite Party Nos. 1 and 2. Civil Revision No. 1597 of 1999. Judgment Md. Abdus Salam J.- In this Civil Revision a Rule was issued calling upon the Opposite party Nos. 1 and 2 to show cause as to why the impugned order No.28 dated 16-3-1999 passed by Mr Aziz Ahmed Bhuiyan, le......2. It does not appear from order No. 27 dated 15-3-99 and order No.28 dated 16-3-99 that the Advocate Commissioner filed hazira for hearing. Moreover, in the Court located in the capital Headquarters granting of only one day to an Advocate is unusual. Moreover, the first order dated 16-3-99 was pass..Category: Property Law | Date: | Hits: 28
Kowsar Chowdhury Vs. Latifa Sultana, 2001, 30 CLC (HCD)
.... the time of issuance of the Rule is hereby vacated. Send a copy of this judgment along with the LC record to the court concerned at once. Ed. This Case is also Reported in: 54 DLR (2002) 175.......amily Court for maintenance at an enhanced rate is not maintainable. But this contention of the defendant-petitioner cannot be accepted. The Family Courts Ordinance, 1985 has been given an overriding power. Section 3 of this Ordinance provides “the provisions of this Ordinance shall have effect no......tion) Present: Nazmun Ara Sultana J Kowsar Chowdhury ……….………………….Petitioner Vs. Latifa Sultana ……………………………Opposite Parties Judgment October 28, 2001. Lawyers Involved: Mujibar Rahman, Advocate—For the Petitioner, Md. Korban......ped. 5. Against the judgment of the Court the defendant-respondent-petitioner has preferred this Civil revision on the main ground that as the same matter was disposed of earlier by the Magistrate granting a maintenance of Taka 400 per month to the daughter of the plaintiff-appellant-opposite par..Category: Family Law | Date: | Hits: 186
Alamgir (Md) Vs. Habea Begum, 1999, 28 CLC (HCD)
....ders. It appears that the learned Family Court on due consideration of the facts and circumstances of the case rescheduled the order of instalments for payment of the decretal dues in exercise of his discretionary power confirmed by section 17(5) of the Family Courts Ordinance, 1985. The learned Fam......cts and circumstances of the case, the impugned order does not suffer from any illegality or legal infirmity occasioning failure of justice justifying interference by this Court exercising revisional power under section 115(1) of the Code of Civil Procedure. 6. The learned Advocate for the petiti......ce and ultimately obtained a decree therein on contest on 28-11-94 for an amount of Taka 10000.00 as dower and Taka 11,800.00 as maintenance. Subsequently, on the prayer of the petitioner judgment-debtor, the learned Family Court by his order dated 11-11-97 allowed instalments for payment of the dec......he impugned order dated 29-6-98 passed by the learned District Judge, Cox’s Bazar in Miscellaneous Appeal No.6 of 1998 is affirmed. Ed. This Case is also Reported in: 52 DLR (HCD) (2000) 157. ..Category: Family Law | Date: | Hits: 155
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