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....costs.
The order of maintenance of status quo till disposal of Civil Revision Petition granted by this Court on 17-11-1999 stands vacated.
Ed.
This Case is also Reported in: 53 DLR (2001) 183.......ands vacated.
Ed.
This Case is also Reported in: 53 DLR (2001) 183.......ng Title Suit No. 18 of 1995 impleading petitioners and opposite party Nos. 13 and 14 as principal-defendants and proforma defendants respectively for a decree of permanent injunction with respect to property described in schedule to plaint.
3. Defendant No.1, Deputy Commissioner, Moulvibazar con......costs.
The order of maintenance of status quo till disposal of Civil Revision Petition granted by this Court on 17-11-1999 stands vacated.
Ed.
This Case is also Reported in: 53 DLR (2001) 183...
Category: Limitation Law | Date: | Hits: 152
Mir Hossain @ Amir Hossain and Others Vs. Alifa Khatun and Others, 2009, 38 CLC (AD)
....h Court Division, since they can place their respective cases before the Court below. Accordingly the leave petitions are dismissed. Ed. This Case is also Reported in: 30 BLD (AD) (2010) 46. ...... Present: Mohammad Fazlul Karim J Md. Joynul Abedin J Md. Abdul Matin J Shah Abu Nayeem Mominur Rahman J ABM Khairul Haque J Md. Muzammel Hossain J Mir Hossain @ Amir Hossain and Others……….Plaintiff (In both the cases) Vs. Alifa Khatun and Others……………......smissing the suit." 7. We have perused the leave petition and heard the learned Advocate. It appears that the High Court Division has found that the concern process server not being examined the proper service of summons of Title Suit No.16 of 1985 could not be proved and the courts below faile......h Court Division, since they can place their respective cases before the Court below. Accordingly the leave petitions are dismissed. Ed. This Case is also Reported in: 30 BLD (AD) (2010) 46. ..Category: Property Law | Date: | Hits: 79
Dr SKM Joynal Abedin Vs. Bangladesh, 2010, 39 CLC (AD)
....ars are demolished or lost due to any action of the tenants the cost of replacement of such boundary pillars may be realized from the tenants by the lessor." 9. It was stated, that there was a complete meeting of the mind on identification of the suit land (as described in paragraph 2(b) supr......in J BK Das J ABM Khairul Haque J MM Hossain J SK Sinha J Dr. SKM Joynal Abedin…................Petitioner Vs. Bangladesh represented by the Secretary, Ministry of Housing and Public Works and others………….Respondents Judgment February 9, 2010. Lawyers In......resaid lease deed include amongst others clause 12 thereof to protect the specified boundary of the allotted plots as follows: "that the tenants shall preserve intact the boundaries of the demised property and shall keep the same well demarcated and shall point them out when required by the lesso......n to get the order of injunction and rightly rejected the same. We find no substance in this petition which is accordingly dismissed. Ed. This Case is also Reported in: 15 BLC (AD) (2010) 143...Category: Property Law | Date: | Hits: 44
Md. Azizur Rahman Chowdhury Vs. Tauhiduddin Chowdhury and others, 2009, 38 CLC (AD)
....he respondents No.1 and 2 had started construction of a house towards 3 ft. west of the appellant's house, and thereafter the Second Advocate Commissioner reported that the respondents had already completed the house and they had started a construction of a new one and they also dug up a ditch to......e Division (Civil) Present: Md. Tafazzul Islam J Md. Abdul Aziz J Surendra Kumar Sinha J Md. Azizur Rahman Chowdhury.......................Petitioner Vs. Tauhiduddin Chowdhury and others ..............Respondents Judgment August 18, 2009. Cases Referred To- Babul ...... of land out of .68 acres of land of plot No. 889 of khatian No. 326 under mouja Chandgram, Police Station Beanibazar, District Sylhet. Plaintiffs case in short, is that the suit lands are the ejmali property of the appellant and the respondents. After the institution of the suit the appellant filed......0/-. The judgment of the High Court Division is set aside and restored those of the Courts below. This Case is also Reported in: 15 MLR (AD) (2010) 160, 16 BLC (AD) (2011) 26, VIII ADC (2011) 915. ..Category: Property Law | Date: | Hits: 84
.... and day out during the tenure of their office.
In view of our aforesaid discussions, the application is summarily rejected.
Ed.
This Case is also Reported in: 55 DLR (2003) 332.
......in: 55 DLR (2003) 332.
......n and this is because as per Article 8(2), the fundamental principles shall be applied which includes the governance of the country. Dr Hamid referring to Part II of the Constitution submits that for proper appreciation of the issue raised in this writ petition Articles 11, 19(1) and 22 of the Const...... and day out during the tenure of their office.
In view of our aforesaid discussions, the application is summarily rejected.
Ed.
This Case is also Reported in: 55 DLR (2003) 332.
..
Category: Constitutional Law | Date: | Hits: 126
Hasmat Ali Vs. State, 2001, 30 CLC (HCD)
....tion 302 of the Penal Code and, as such, the impugned conviction and sentence are hereby upheld. In the result, the appeal is dismissed. Ed. This Case is also Reported in: 53 DLR (2001) 169. ......din J Hasmat Ali……………Appellant Vs. State…… Respondent Judgment January 23, 2001. Cases Referred To- Md. Tajul Islam Khokan & ors Vs. State, 6 BLT 79; Safar Ali and others Vs. State, 1983 BLD 325; State Vs. Mofazzal Hossain, 11 BLD (AD) 202, 43 DLR (AD) 64A; St......ase of Safar Ali and others Vs. State reported in 1983 BLD 325 it was held that the prolonged police custody immediately before recording of the confessional statement is sufficient, if not otherwise properly explained, to render it as involuntary. 27. Similarly, in the Case of Hamzo Vs. State re......tion 302 of the Penal Code and, as such, the impugned conviction and sentence are hereby upheld. In the result, the appeal is dismissed. Ed. This Case is also Reported in: 53 DLR (2001) 169. ..Category: Criminal Law | Date: | Hits: 27
Khaleda Rahman & another Vs. Integrated Services Limited and others, 1999, 28 CLC (HCD)
.... No. 116 of 1999. The Subordinate Judge, 1st Court, Dhaka is hereby directed to dispose of the injunction matter on merit expeditiously. Ed. This Case is also Reported in: 53 DLR (2001) 161. ......Court Division (Civil Appellate Jurisdiction) Present: Mahmudul Amin Choudhury J Md. Abdul Aziz J Khaleda Rahman & another………Appellants Vs. Integrated Services Limited and ors………..Respondents Judgment June 8, 1999. Cases Referred To- Karnafully Pap......eady been admitted or that the High Court Division is in seisin of the injunction matter and fixed 3 1-5-99 for hearing the appeal on merit. This conduct of Mr. Zakir Hossain, Advocate is not at all proper, legal and against the normal ethics and this is not expected from the learned Advocate of th...... No. 116 of 1999. The Subordinate Judge, 1st Court, Dhaka is hereby directed to dispose of the injunction matter on merit expeditiously. Ed. This Case is also Reported in: 53 DLR (2001) 161. ..Category: Business or Commercial Law | Date: | Hits: 207
Daily Star and Prothom Alo Patrika Vs. State, 2001, 30 CLC (HCD)
....n section 170, the officer-in-charge of the police-station may forward him in custody to the Magistrate, who may detain him in custody until he executes such bond, or until the hearing of the Case in completed. (2) Notwithstanding anything contained in sub-section (1), it shall be the respons......eported in: 53 DLR (2001) 155. ......ions Judge, 5th Court, Dhaka should not be changed and a Special Public Prosecutor be appointed for conducting the Case or pass such other or further order or orders as to this Court may seem fit and proper. 2. Facts leading to the issuance of the Rule are as follows: The Daily Star in its is......l of Police, Bangladesh. The office is directed to transmit the record along with a copy of the judgment by a special messenger. Ed. This Case is also Reported in: 53 DLR (2001) 155. ..Category: Criminal Law | Date: | Hits: 189
Hasibur Rahman (Md) Vs. Shakila Begum and another, 2000, 29 CLC (HCD)
.... right should be denied which the appellate Court considers should be allowed within the framework of the suit. The Rule frees the Court from the tentacles of the procedural law and empowers it to do complete justice. Ends of law are justice and the paramount duty of the Court is to ensure and uphol......e Court High Court Division (Civil Revisional Jurisdiction) Present: AK Badrul Huq J Hasibur Rahman (Md)…………….Petitioner Vs. Shakila Begum and another…………….Opposite Parties Judgment August 24, 2000. Cases Re...... Order of stay granted in Civil Revision Petition stands vacated. No costs. Send down the LCR as immediately as possible. Ed. This Case is also Reported in: 53 DLR (2001) 152. ......tiff and granted maintenance for First plaintiff and minor child Second plaintiff for an amount of Taka 250.00 and 150.00 per month respectively. 6. First defendant felt aggrieved of the above adjudication of Family Judge and sought setting aside the same through medium of appeal being Family..Category: Family Law | Date: | Hits: 152
Mainul Hosein & others Vs. Sheikh Hasina Wazed, 2000, 29 CLC (HCD)
....based on her own understanding and judgment of the situation. The submission that as the statements were coming from the Prime Minister so she should have some restraint or circumspection is a matter completely different from the issue at hand. The judiciary cannot dictate how the executive head sho......r Edward Snelson Vs. Judges of the High Court, PLD 1961 (SC) 237; MH Kharidakar Vs. the State, 18 DLR (SC) 124; Habibul Islam Bhuiyan, 51 DLR (AD) 68; MH Beg, CJ Vs. R Krishna Ayar, AIR 1978 (SC) 727 and Gudi Kanti Narasimbule Vs. Public Prosecutor, AIR 1978 (SC) 429; Andre Paul Terence Ambard Vs. t......principle with this Court Said Lord Atkin. The path of criticism is a public way: the wrong-headed are permitted to err therein: Provided that the members of the public abstain from imputing improper motives to those taking part in the administration of justice, and as genuinely exercising a ...... dispose of all the motions in the line with the desire of Mr. ATM Afzal, CJ as was ordered in the concluding paragraph of his opinion. Ed. This Case is also Reported in: 53 DLR (2001) 138. ..Category: Criminal Law | Date: | Hits: 49
Sirajul Islam (Md) and another Vs. Government of Bangladesh & others, 2000, 29 CLC (HCD)
....nd the Rule is liable to be discharged on that count also. In the result, this Rule is discharged without any order as to costs. Ed. This Case is also Reported in: 53 DLR (2001) 127. ......53 DLR (2001) 127. ......ng to GR Case No.140/96 should not be declared to have been passed without lawful authority and is of no legal effect or such other or further order or orders passed as to this Court may seem fit and proper. 2. In the writ petition it has been stated, inter alia, that on 9-4-96 four Banglades......nd the Rule is liable to be discharged on that count also. In the result, this Rule is discharged without any order as to costs. Ed. This Case is also Reported in: 53 DLR (2001) 127. ..Category: Criminal Law | Date: | Hits: 101
Bibhu Ranjan Das Vs. Hakim Ali and others, 2000, 29 CLC (HCD)
.... High Court. Foroze Khan Noon Vs. State (1958 PLD (SC) 333. In doing so it followed its earlier decision of Fazal Illahi Vs. The Crown (1953 PLD (FC) 35 where it was observed if for the sake of doing complete justice in a matter it becomes necessary for the Court to examine its own records for the p......rt High Court Division (Civil Revisional Jurisdiction) Present: AKM Shafiuddin J Bibhu Ranjan Das ………………………Petitioner Vs. Hakim Ali and others …………………Opposite Parties Judgment June 13, 2000. Cases ...... Court on 9-6- 91, ‘to show cause as to why the impugned judgment and order should not be set aside or such other or further order or orders should not be passed as to this Court may seem fit and proper’. It seems, however, that the Rule Nisi issued does not correspond to the prayer of the pet......িতে পারিবে।” Be expunged from the impugned judgment and order. There will be no order as to cost. Ed. This Case is also Reported in: 53 DLR (2001) 114. ..Category: Civil Law | Date: | Hits: 80
Abdul Abedin Abdul Vs. State, 2000, 29 CLC (HCD)
....efore the Magistrate, 1st Class, Sylhet under section 6 of the Extradition Act, 1974. In the result, the Rule is discharged. Ed. This Case is also Reported in: 53 DLR (2001) 109. ......minal Procedure, read with section 19 of the Extradition Act, 1974. By this Rule the Deputy Commissioner, Sylhet was asked to show cause as to why the accused petitioner shall not be enlarged on bail and/or pass such other or further order or orders as to this Court may seem fit and proper. 2...... Deputy Commissioner, Sylhet was asked to show cause as to why the accused petitioner shall not be enlarged on bail and/or pass such other or further order or orders as to this Court may seem fit and proper. 2. In the application for bail it has been stated, inter alia, that the petitioner is......efore the Magistrate, 1st Class, Sylhet under section 6 of the Extradition Act, 1974. In the result, the Rule is discharged. Ed. This Case is also Reported in: 53 DLR (2001) 109. ..Category: Criminal Law | Date: | Hits: 87
Hussain Mohammad Ershad Vs. State and others, 2000, 29 CLC (AD)
....oring the said law as well as the report from the office of the Additional Deputy Commissioner (LA) i.e., Ext 41 that the accused applicants were not affected persons and within a short space of time completed the entire procedure in respect of the impugned allotments and that all the other accused ......e Court High Court Division (Criminal Appellate Jurisdiction) Present: Md. Gholam Rabbani J Md. Latifur Rahman J Hussain Mohammad Ershad………………Appellant Vs. State and others…………………..Respondents Judgment August 24, 2000. Lawyers Involved: ...... thereby has committed offence of Criminal Misconduct under section 5(1) (e) of the said Act. 33. Now we come to the last issue as to whether the sentence awarded to each of the accused persons is proper. Prevention of Corruption Act (Act II of 1947) is a socially useful measure conceived in publ......s. 49, 49A, 49B, and 49C within Kawran Bazar Commercial Area including the building/structures thereon known as Janata Tower is maintained. Ed. This Case is also Reported in: 53 DLR (2001) 102. ..Category: Property Law | Date: | Hits: 33
Yasin Mollah and another Vs. State, 2000, 29 CLC (HCD)
....he trial Court of fact, duly applied its judicial mind into the facts of the Case and the evidence on record. It is unfortunate that the learned Additional Sessions Judge adopted a novel procedure in complete disregard of the provisions of law regulating the disposal of a criminal appeal. 12........ This Case is also Reported in: 53 DLR (2001) 99. ......spose of the appeal within 2 (two) months from the receipt of the case recorded by him. Send down the lower Court's records immediately. Ed. This Case is also Reported in: 53 DLR (2001) 99. ......spose of the appeal within 2 (two) months from the receipt of the case recorded by him. Send down the lower Court's records immediately. Ed. This Case is also Reported in: 53 DLR (2001) 99. ..Category: Criminal Law | Date: | Hits: 60
Arabinda Das Vs. Sura Bala Das and others, 1999, 28 CLC (HCD)
....115 of the Code of Civil Procedure. 5. The entire body of procedural law is meant for advancement of the cause of justice and not to pose any technical difficulty in the way of the Court to do complete justice between the litigant parties for the administration of which alone it had been crea......ourt High Court Division (Civil Revisional Jurisdiction) Present: AK Badrul Huq J Arabinda Das...........................Petitioner Vs. Sura Bala Das and others………….Opposite Parties Judgment August 19, 1999. Lawyers I......ite party Nos. 1 and 2 as plaintiffs laid a suit being Title Suit No. 199 of 1960 in the Second Court of Munsif, Brahmanbaria for a decree of partition with respect to schedule ‘Ka’ and ‘Kha’ properties detailed in the plaint. The defendant Nos. 4 to 6 and 8-9 resisted the suit by presenting......vil Procedure. The learned appellate Judge also brought on record the legal heirs of the deceased-defendant No. 10 and directed the suit to be proceeded with. 3. Feeling aggrieved of the above adjudication, the defendant No. 4 (Ka) as petitioner approached this Court in an application under s..Category: Property Law | Date: | Hits: 28
Nafisa Choudhury Vs. United Food Complex Ltd. and another, 2000, 29 CLC (HCD)
....he companies acceptance of the alternative proposal as mentioned in the letter dated 16-4-98 Annexure-J. The respondent No.3 wrote to BSRS on 12-5-98 and 21-6-98 to draw up necessary documents and to complete the legal formalities as soon as possible reply was received by the respondent No. 3. There......me Court High Court Division (Original Civil Jurisdiction) Present: Md. Awlad Ali J Nafisa Choudhury……….Petitioner Vs. United Food Complex Ltd. and another………… Respondents Judgment December 12 & 13, 2000. Cases ......reement with BSRS dated 28-3-83, and also violated loan agreement with ICB and other Banks. The company is paying respondent No. 2 and his wife salary and other facilities without any sanction by the proper Authority as per Article 149 of the Articles of Association of the company and the company ha......s pursuant to the letter dated 16-4-1998. With the aforesaid directions the application is allowed without any order as to costs. Ed. This Case is also Reported in: 53 DLR (2001) 81. ..Category: Business or Commercial Law | Date: | Hits: 198
Aleya Begum and others Vs. Bangladesh and others, 2000, 29 CLC (HCD)
....ion process from 27-4-93 with the police help accompanied by Magistrates. Annexures 2 and 7 are the same eviction report dated 28-4-93 which shows that eviction Programme and process was executed and completed on 28-4-93. Annexure-5 shows that in order to take up eviction process sanction approval w......ported in: 53 DLR (2001) 63. ......tioners are entitled to get restoration of their possession of the land wherein they had been residing as slum dwellers before alleged eviction inasmuch as the eviction as already carried out without proper service of notice will lead to the deprivation of the livelihood of the petitioners and conse......p the petitioners in any way in the above context. In the result the Rule is accordingly disposed of with the above observations. Ed. This Case is also Reported in: 53 DLR (2001) 63. ..Category: Property Law | Date: | Hits: 60
Nurul Islam Monzoor Vs. State and another, 2000, 29 CLC (HCD)
....reover, on perusal of the provision of section 339C (4) of the Code, we are of the view that in the said provision there is no absolute direction to allow bail to the accused, even in Case failure to complete the trial within the statutory period, as the mandate, if any, for allowing such b has been...... (Criminal Revisional Jurisdiction) Present: Amirul Kabir Chowdhury J Md. Abdul Aziz J Nurul Islam Monzoor…………. Accused-Petitioner Vs. State and another……………………Opposite Parties Judgment December 5, 2000. ...... produced Memo No. 10560/Bha: Sha: dated 4-12-2000 issued by the Senior Jail Superintendent,’ Dhaka Central Jail and submits, ‘with reference’ thereto that the accused-petitioner is being given proper treatment and for adequate treatment he has been shifted to NICVD on 22-11-2000 after examina......ail (opposite party No. 2) for information and compliance and also to the learned Metropolitan Sessions Judge, Dhaka for compliance. Ed. This Case is also Reported in: 53 DLR (2001) 59. ..Category: Criminal Law | Date: | Hits: 26
Jarina Khatun & others Vs. Gani Howlader & others, 2000, 29 CLC (HCD)
.... observations, if necessary, on further evidence as may be adduced by the parties. The Court would abide by the ultimate result of the suit. Ed. This Case is also Reported in: 53 DLR (2001) 53. ......; others......................Petitioners Vs. Gani Howlader & others..............Opposite Parties Judgment December 3, 2000 Cases Referred To- Nawab Ali Dhakua Vs. Abdur Rashid and others, (1994) 14 BLD (AD) 229; Abdul Mannan and others Vs. Akram Ali and others, 43 DLR (AD) 12......ginal plaintiff. The plaintiff possessed the suit land since then till his death. After the death of the plaintiff, the petitioners are in possession of the suit land. 5. In order to grab the suit property, one Kadam Ali got the VP Case No. 43/80 initiated and on 2-6-1980 obtained lease. When the...... observations, if necessary, on further evidence as may be adduced by the parties. The Court would abide by the ultimate result of the suit. Ed. This Case is also Reported in: 53 DLR (2001) 53. ..Category: Property Law | Date: | Hits: 22
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