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Abdul Jalil Miah and another Vs. Siddiqur Rahman, 2009, 38 CLC (HCD)
....e rule is made absolute without any order as to the costs. Lower Courts records be sent down at once with a copy of the judgment. Ed. This Case is also Reported in: 29 BLD (HCD) (2009) 735. ......is Case is also Reported in: 29 BLD (HCD) (2009) 735. ......ly belonged to 2 brothers, Fazar Ali Sheikh and Mabu Sheikh alias Nabu Sheikh. That for convenience of the possession the said two brothers namely Fazar Ali and Mabu amicably partitioned their entire property before C.S. operation. By such amicable partition the lands of C.S. Plot Nos.87, 107 and 12......e rule is made absolute without any order as to the costs. Lower Courts records be sent down at once with a copy of the judgment. Ed. This Case is also Reported in: 29 BLD (HCD) (2009) 735. ..Category: Property Law | Date: | Hits: 39
Alauddin Vs. State, 1999, 28 CLC (HCD)
....not on consideration of the report of investigation officer. Communicate the order to the Tribunal. Stay granted earlier stands vacated. Ed. This Case is also Reported in: 54 DLR (2002) 564. ......aque J ABM Khairul Haque J Alauddin……….Petitioner Vs. State ………….Opposite Party Judgment November 30, 1999. Lawyers Involved: Syed Ziaul Karim with Salahuddin and Syeda Mamuna Begum, Advocates— For the Petitioner. Md. Mustafa, Assistant Attorney- General......ons Judge is wrong. 6. As regards the contention that there was no police report about any offence triable by special tribunal we are of the view that if the investigation officer fails to mention proper section in charge sheet or in his report, the Court concerned is empowered to take cognizance......not on consideration of the report of investigation officer. Communicate the order to the Tribunal. Stay granted earlier stands vacated. Ed. This Case is also Reported in: 54 DLR (2002) 564. ..Category: Criminal Law | Date: | Hits: 29
Azizul Hoq Vs. Administrator of Waqf, Government of Bangladesh and others, 2001, 30 CLC (HCD)
....nt and it is also liable to be discharged being infructuous. In the result, both the Rules are discharged without any order as to costs. Ed. This Case is also Reported in: 54 DLR (2002) 561. ......Jurisdiction) Present: Syed JR Mudassir Hossain J Syed Mahmud Hossain J Azizul Hoq (Md.)...............................Petitioner Vs. Administrator of Waqf, Government of Bangladesh and others …..Opposite Party Judgment July 25, 2001. Lawyers Involved: Fazlul Karim ...... should not be declared to have been passed without any lawful authority and is of no legal effect. 2. The relevant facts stated in the writ petition are that one Dagon Majumder made a Waqf of his property by a registered deed of Waqf dated 16-10-1878. According to the terms and conditions of the......nt and it is also liable to be discharged being infructuous. In the result, both the Rules are discharged without any order as to costs. Ed. This Case is also Reported in: 54 DLR (2002) 561. ..Category: Trust/Waqf Law | Date: | Hits: 180
Md. Osman Gani & others Vs. Begum Tofatun Nahar & others, 1988, 17 CLC (HCD)
....at in the counter-affidavit the deÂfendant opposite party No.1, has categorically stated that the construction on the suit premises according to the plan passed by the local Municipality is alÂmost complete, but because of the ad-interim order of temporary injunction made by this court at the time............................Petitioners Vs. Begum Tofatun Nahar & others ....................Opposite Parties Judgment December 14, 1988. Cases Referred to- 28 DLR (AD) 57, Naimullah and another Vs. Govt. of Bangladesh and others, the Bangladesh Supreme Court DiÂgest 1972-1977, Vol......e some pucca construction according to the plan passed by the local Municipality and the same awaits only completion; that the construction in no way would change the nature and character of the suit property; that the plaintiffs-petitioners have no prima facie case and that the balance of convenÂi......out any order as to costs. The impugned order of the Courts below is upheld. The ad-interim order of stay grantÂed by this Court is vacated. Ed. This Case is also Reported in: 41 DLR (1989) 151...Category: Procedural Law | Date: | Hits: 80
Md. Nurul Abser Miah Vs. Kiron Shankar Nandy & others, 1988, 17 CLC (HCD)
....e of contract the parties to the contract are necessary parties to the suit but the general rule is subject to exception. Where presence of a stranger to the contract is necesÂsary for effective and complete adjudication of the isÂsues and for avoiding multiplicities of suit and proÂceeding he ma......preme Court High Court Division (Civil Revisional Jurisdiction) Present: AM Mahmudur Rahman J Md. Nurul Abser Miah...................................Petitioner Vs. Kiron Shankar Nandy & others........................Opposite Parties Judgment March 1, 1988. Cases Ref...... 11.2.80 in the suit. 4. The petitioner on 29.5.82 filed an applicaÂtion for striking out the name of the opposite party No. 1 from the plaint on the ground that the opposite party No.1 was not a proper and necessary party as no relief was sought against him in the suit. It was further alleged t......ract the parties to the contract are necessary parties to the suit but the general rule is subject to exception. Where presence of a stranger to the contract is necesÂsary for effective and complete adjudication of the isÂsues and for avoiding multiplicities of suit and proÂceeding he may be adde..Category: Procedural Law | Date: | Hits: 70
M/s. Nawab Askari Jute Mills Ltd. & others Vs. Giasuddin Ahmed, 1988, 17 CLC (HCD)
.... Station ghat from the opposite party's dockyard and with the perÂmission of the court handed over possession of the launch to the petitioners. The petitioners thereafter asked the opposite party to complete the remaining work of the launch as per schedule attached to the work order within 15 days....... Ali J.- This Rule is directed against an order dated 2.9.84 passed by the Munsif, 4th Court, Narayanganj, in Title Suit No.166 of 1983. The learned Munsif by this order held: "This is a suit for mandatory injunction and the relief sought for by way of mandatory inÂjunction has got no market val...... AIR 1949 Nagpur 368 (2) AIR 1952 MB 196 (3) AIR 1954 MB 6 (4) 11 DLR 57 (5) 22 DLR 646. 6. In the first case, in a suit to redeem pledge of ornaments it was held that Court fee on market value of property was to be paid. In the second case under reference it was held that as the suit was for the......ated. Let the suit proceed in accordance with law. In the facts and circumstances of the case there will be however no order as to cost. Ed. This Case is also Reported in: 41 DLR (1989) 144. ..Category: Civil Law | Date: | Hits: 159
Dr. Mohammad Golam Kibria Vs. Nurun Nahar Begum & others, 1989, 18 CLC (HCD)
....resent application filed by the petitioner. For the reason stated above, the application is alÂlowed and it is accordingly disposed of. Ed. This Case is also Reported in: 41 DLR (1989) 143. ...... Dr. Mohammad Golam Kibria...................Petitioner Vs. Nurun Nahar Begum & others. ...................Opposite Parties Judgment January 23, 1989 Case Referred to- Mali Mandal and another vs. Khirode Bala Debya, 12 DLR 745. Lawyers Involved: Shahabuddin Faiz, Advo......the opposite party No.1 appears. Mr. Faiz submits that the heirs of the deceased Nurun Nahar Begum were not made parties in the main application due to bonafide mistake. Mr. Faiz submits that for the proper prosecution of this case the heirs of the deceased opposite-party No.1 Nurun Nahar Begum are ......resent application filed by the petitioner. For the reason stated above, the application is alÂlowed and it is accordingly disposed of. Ed. This Case is also Reported in: 41 DLR (1989) 143. ..Category: Procedural Law | Date: | Hits: 81
Moslemuddin Dhali & others Vs. Helaluddin Dhali & others, 1988, 17 CLC (HCD)
....ded." 20. Therefore, in the present case, when the grounds of satisfaction were not stated at all (we have quoted the impugned preliminary order in full), the learned Additional Sessions Judge was completely within his jurisdiction to inquire whether there were materials on record upon which the ......hers ..............Petitioners Vs. Helaluddin Dhali & others ..............Respondents Judgment December 8, 1988. Cases Referred to- Malik Manzoor Elahi Vs. Lala Bishambar Dass and another, 16 DLR (SC) 246; Mahmudul Haq Vs. Golam Moula and another, 37 DLR 290; Md. Shahjahan Sh...... PetiÂtion Case No. 139a/87 drawing up proceeding under section 145 of the Code of Criminal Procedure should not be quashed or such other or further order or orders as to this Court may seem fit and proper. 2. The petitioners as 1st Party made a petition of complaint before the Chief Metropolita......abuse of the process of any Court and no case of securing the ends of justice have been made out. In the result, the Rule is discharged. Ed. This Case is also Reported in: 41 DLR (1989) 120. ..Category: Criminal Law | Date: | Hits: 32
Md. Monirul Hoq Vs. Government of Bangladesh, 1988, 17 CLC (HCD)
....avour of the resoluÂtion in question. Thus having regard to legal aspect of the matter I fully concur with finding of my learned brother. Ed. This Case is also Reported in: 41 DLR (1989) 108.......9) 108.......reasonably be said that the "Acting Chairman" in section 14(2) has been authorised only to exercise such powers and discharge such duties of the office of the Chairman, which are necessary to run the proper routine adminÂistration of the Union Parishad within the ambit of the Union Parishad Ordinan......avour of the resoluÂtion in question. Thus having regard to legal aspect of the matter I fully concur with finding of my learned brother. Ed. This Case is also Reported in: 41 DLR (1989) 108...Category: Election Law | Date: | Hits: 92
Md. Mokbul Hossain Vs. Md. Umar Ali and others, 2009, 38 CLC (HCD)
....the Trial Court discarded the evidence of P.W.2 on the ground that he was sold the solitary witnesses as in the possession of the suit land in support of the plaintiffs case of possession since 1963, completely over looking the provision of section 134 of the evidence Act and the further fact that t...... High Court Division (Civil Revisional Jurisdiction) Present: Md. Mamtaz Uddin Ahmed Md. Mokbul Hossain………………………Pre-emptee-Appellant Petitioner Vs. Md. Umar Ali and others……….Pre-emptor Respondent-Opposite Parties Judgment November 5, 2009. Cases......w cause as to why the judgment and order complained of in the petition moved in court should not be set aside and/or pass such other order or further order or orders as to this court may seem fit and proper. 2. The pre-emptor instituted the preemption Misc. Case No.11 of 2006 in the court of Assi......at liberty to withdraw the money suit, so, deposited along with the compensation. Send down the lower courts record immediately. Ed. This Case is also Reported in: 29 BLD (HCD) (2009) 727. ..Category: Property Law | Date: | Hits: 36
Md. Nurun Nobi Vs. Khondaker Moklesur Rahman and others, 2010, 39 CLC (AD)
....ition to interÂfere with the impugned judgment and order passed by the High Court Division. The leave petition is accordingly dismissed. Ed. This Case is also Reported in: VII ADC (2010) 917.......hah Abu Nayeem Mominur Rahman J ABM Khairul Haque J Md. Muzammel Hossain J Surendra Kumar Sinha J Md. Nurun Nobi ............................Petitioner Vs. Khondaker Moklesur Rahman and others………………Respondents Judgment May 20, 2010. Lawyers Involved: Abdus S...... the Title Suit No. 5 of 2000. 2. The respondent No.1 of the applicaÂtion, as plaintiff, filed Title Suit No.5 of 2000 praying for declaration of title and recovery of khas possession of the suit property detailed in the plaint contending, amongst others, that the defendant No.3, Abdul Aziz Khan......observing, amongst others, that: "those applications can not be enterÂtained at this belated stage as those documents are not filed with written statement and those are not necesÂsary for proper adjudication of the appeal and for amendment/filing of additional written statement and those docume..Category: Property Law | Date: | Hits: 31
Government of Bangladesh and others Vs. Mariam Begum and others, 2009, 38 CLC (AD)
....n, passed in dismissing the Civil Petition for Leave to Appeal. Since no new point has been raised this petition for review is dismissed. Ed. This Case is also Reported in: VII ADC (2010) 906.......ivil) Present: MM Ruhul Amin CJ Mohammad Fazlul Karim J Md. Joynul Abedin J Md. Abdul Matin J Shah Abu Nayeem Mominur Rahman J ABM Khairul Haque J Government of Bangladesh and others…………………...Petitioners Vs. Mariam Begum and others…………...............ate market without prior permission from the colÂlector, the suit-land was rightly forfeited under the provisions of Hats and Bazars Ordinance, 1959, which was not considered by this Division in its proper perÂspective. 5. We have heard the learned Advocate for the petitioner and perused the ju......n, passed in dismissing the Civil Petition for Leave to Appeal. Since no new point has been raised this petition for review is dismissed. Ed. This Case is also Reported in: VII ADC (2010) 906...Category: Property Law | Date: | Hits: 33
Shah Alam (Md.) Vs. Abdul Hashem Bepari and others, 2000, 29 CLC (HCD)
....ase of hardship of any sort was made out in the written statement as well as in the additional written statement filed by contesting defendant No. 1. The case of the contesting defendant it is one of complete denial of the transaction, which has been concurrently found to be false by the learned Cou......d in: 54 DLR (2002) 550.......f the Subordinate Judge, Bhola being Title Suit No. 78 of 1986, against defendant opposite party No. 1 alleging, inter alia, that the defendant entered into an agreement with him for sale of the suit property at a consideration of Taka 60,000 out of which the defendant received on 30-11-83 Taka 50,0......intiff shall be at liberty to get the decree executed through the Court in accordance with law. Send down the lower Court records at once. Ed. This Case is also Reported in: 54 DLR (2002) 550...Category: Civil Law | Date: | Hits: 81
Solaiman (Md.) and others Vs. Md. Mosharaf Hossain Khan and others, 2002, 31 CLC (HCD)
....heir service book. A copy of this judgment be sent to the Secretary, Ministry of Sport and Ministry of Establishment for necessary action. Ed. This Case is also Reported in: 54 DLR (2002) 531.......This Case is also Reported in: 54 DLR (2002) 531....... legality and propriety of preparation of the voter list for holding election of the executive committee of the Bangladesh Swimming Federation alleging that the preparation of voter list has not been properly done. They moved the aforesaid writ petition on 16-7-2001 when a Rule nisi was issued upon ......heir service book. A copy of this judgment be sent to the Secretary, Ministry of Sport and Ministry of Establishment for necessary action. Ed. This Case is also Reported in: 54 DLR (2002) 531...Category: Civil Law | Date: | Hits: 70
State Vs. Masum and others, 2010, 39 CLC (AD)
....hall continue till disposal of the appeal. The petitioner is at liberty to mention the appeal for expeditious hearing when it is ready. Ed. This Case is also Reported in: VII ADC (2010) 883. ...... Present: Mohammad Fazlul Karim J Md. Abdul Matin J Bijan Kumar Das J ABM Khairul Haque J Md. Muzammel Hossain J The State………........................Petitioner Vs. Masum and others……………........Respondents Judgment February 7, 2010. Result: Leave is......eneral, appearing for the petitioner submitted that the High Court Division erroneously decided and passed the impugned order granting bail to the accused-respondents and as such, the same is neither proper nor in accordance with law. The learned Additional Attorney General further submitted that th......hall continue till disposal of the appeal. The petitioner is at liberty to mention the appeal for expeditious hearing when it is ready. Ed. This Case is also Reported in: VII ADC (2010) 883. ..Category: Criminal Law | Date: | Hits: 47
Begum Firoja Siddique and another Vs. Md. Nizamul Islam (Nizam) and others, 2009, 38 CLC (AD)
....rder of the High Court Division or in the order of the learned Assistant Judge accordingly this petition for leave to appeal is dismissed. Ed. This Case is also Reported in: VII ADC (2010) 875. ......e Division (Civil) Present: Md. Tafazzul Islam J Md. Joynul Abedin J Md. Abdul Matin J Md. Abdul Aziz J ABM Khairul Haque J Surendra Kumar Sinha J Begum Firoja Siddique and another…………….........Petitioners Vs. Md. Nizamul Islam (Nizam) and others……â......uit land under Section 9 of the Specific Relief Act and the suit was transferred to the court of Second Additional Assistant Judge, Barisal and was renumbered as Title Suit No. 324 of 1992. 3. The property in the suit is .5 acre urban land along with a building measuring 15 cubits by 10 cubits an......rder of the High Court Division or in the order of the learned Assistant Judge accordingly this petition for leave to appeal is dismissed. Ed. This Case is also Reported in: VII ADC (2010) 875. ..Category: Civil Law | Date: | Hits: 65
Md. Liaquat Ali Khan and another Vs. Md. Nazimuddin and another, 2010, 39 CLC (AD)
....have arrived at a correct deciÂsion. We, therefore, find no reason to interÂfere with the same. The petition is accordingly dismissed. Ed. This Case is also Reported in: VII ADC (2010) 871.......il) Present: Mohammad Fazlul Karim CJ Md. Abdul Matin J Shah Abu Nayeem Mominur Rahman J ABM Khairul Haque J Md. Muzammel Hossain J Surendra Kumar Sinha J Md. Liaquat Ali Khan and another…………………........Petitioners Vs. Md. Nazimuddin and another…………......stituted Title Suit No.57 of 1999 in the 1st Court of the learned Joint District Judge, Narayanganj for declaration of title and recovery of khas possession contending, inter alia, that "Ka" schedule property appertaining to C.S. Plot No.78 comprising an area of 151 decimals of land fell in the saha......have arrived at a correct deciÂsion. We, therefore, find no reason to interÂfere with the same. The petition is accordingly dismissed. Ed. This Case is also Reported in: VII ADC (2010) 871...Category: Property Law | Date: | Hits: 30
.... knowlÂedge, information, recognition of all conÂcerned including the Respondents. He preÂpared a plan and design of the Filling Station and the offer for opening L/C for importing machineries, he completed the construction work, under supervision of an authorized Engineers. By a letter dated 25......) 857.
......e the 'Letter of Consent' in favour of the writ-petitioner.
2. The facts involved in the case, in short, are that the respondent No.1 is a businessÂman and the owner of the above mentioned landed property. The said land is situated in the vicinity of the Dhaka-Chittagong Highway. With a view to ......reparation of paper books is disÂpensed with as prayed for.
The order of stay granted earlier is extended till disposal of the appeal.
Ed.
This Case is also Reported in: VII ADC (2010) 857.
..
Category: Others | Date: | Hits: 82
....commendation. But if he again recommends the same recommendation after consultation with the aforesaid senior-most Judges of the Appellate Division for appointment, the Government shall be obliged to complete the process of appointment;
(viii) appointment or non-appointment of an Additional Judge......e
Supreme Court
High Court Division
(Special Original Jurisdiction)
Present:
Md. Abdur Rashid J
SK Sinha J
Nazmun Ara Sultana J
Syed Md. Ziaul Karim J
Idrisur Rahman (Md.) and others.………………………Petitioners (In Writ Petition No. 1543 of 2003)
with
Md.......point them as Judges of the High Court Division in accordance with the recommendation of the Chief Justice of Bangladesh and/or such other or further order or orders as to this Court may seem fit and proper and also as to why the portion of the Rules of Business 1996 which purports to regulate maile...... shall be open. In the exceptional circumstances, a case may be decided otherwise. Judges are ensured freedom of course over any overt and covert pressure, interference or influence in the process of adjudication of any cause brought before them. 'Judicial independence is secured by law and public o..
Category: Constitutional Law | Date: | Hits: 252
Sayed and othÂers Vs. State, 2009, 38 CLC (AD)
....ove, we find no subÂstance in the submissions of the learned Advocate for the petitioners. Accordingly, the petitions are disÂmissed. Ed. This Case is also Reported in: VII ADC (2010) 830. ......lso Reported in: VII ADC (2010) 830. ......tims were killed by the gun shots of their own party men. At this, Mob became enraged and furious and they attacked the house of convict Somed Ali and they set his house on fire. To save the life and properties, Somed Ali brought out his licensed gun. At that time, there was tussle between him and t......ove, we find no subÂstance in the submissions of the learned Advocate for the petitioners. Accordingly, the petitions are disÂmissed. Ed. This Case is also Reported in: VII ADC (2010) 830. ..Category: Criminal Law | Date: | Hits: 26
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