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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. ...... The defence case is that there was a free fight between the members of two local Chairman named Jalaluddin and Joynal Abedin. In that free fight the victims 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 ..Category: Criminal Law | Date: | Hits: 26
....s of the case and the terms of the decree we do not find any merit in this leave petition.
Accordingly the leave petition is disÂmissed.
Ed.
This Case is also Reported in: VII ADC (2010) 819.......than the decreetal amount payable to Eastern Bank Limited." The High Court Division further noticed "However, since both the contesting parties before us have got a decree for money against the other party we asked both the parties to make a settlement themselves, but in spite of taking some time fr..
Category: Civil Law | Date: | Hits: 75
Ismail Miah Vs. Bangladesh and others, 2009, 38 CLC (AD)
.... the above, we find no subÂstance in the submissions of the learned Counsel for the petitioner. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: VII ADC (2010) 811.......er examination of the Acquisition and Requisition of Immovable Property Ordinance, 1982 (Ordinance No. II of 1982) it appears that there is an alternative statutory remedy available for the aggrieved party for filing an application/appeal against the award notice issued/passed by the respondent-land..Category: Property Law | Date: | Hits: 25
Rahmatullah (Md.) and others Vs. Sabana Islam and others, 2002, 31 CLC (HCD)
....med, Order of status quo as was directed at the time of issue of the Rule is hereby recalled and vacated. Send down the records at once. Ed. This Case is also Reported in: 54 DLR (2002) 519. ......he Assistant Judge, Court No.2 at Dhaka dated 25-7-93 in Act VIII Case No. 100 of 1989 in appointing the mother as guardian of the minor. 2. Short facts for disposal of the Rule are that, opposite party No.1 made an application before aforesaid Assistant Judge for an order for appointing her guar..Category: Family Law | Date: | Hits: 179
Abul Kalam Engineer and another Vs. M Nasiruddin Howlader and others, 2002, 31 CLC (HCD)
....rged. Order of stay is recalled and vacated. Learned Joint District Judge is directed to take steps for disposal of the Suit. Communicate. Ed. This Case is also Reported in: 54 DLR (2002) 515.......passed by Joint District Judge, Court No. 3 at Chittagong in Other Suit No. 217 of 2001 granting temporary injunction restraining them from continuing a construction work. 2. On 29-8-2001 opposite party No.1 as plaintiff instituted the suit against the appellants and another for a decree of parti..Category: Property Law | Date: | Hits: 33
Madinullah Miah Vs. Md. Abdul Mannan & another, 2001, 30 CLC (HCD)
....d not disclose the source of knowledge of the transfer of the land to the pre-emptee. 3. Madinullah contested the case by filing written objection. He pleaded that the case was maintainable due to defect of parties. He claimed that, contrary to the requirements of section 96(1) the State Acquisit......n are two of his sons. On 14-9-1989 Ruhul Amin, sold 0.02 acres of land from the case holding to Mohammad Abdul Mannan, who thus became a co-sharer by purchase of the case holding. He is the opposite party No. 1 of the instant civil revision. He is an Advocate. He built on the land so purchased a â€..Category: Property Law | Date: | Hits: 37
Siddique Abedin Vs. Md. Musa Alam and State, 2000, 29 CLC (HCD)
....d Magistrate is directed to proceed with the case in accordance with law and shall hear the matter relating to taking of cognizance afresh. Ed. This Case is also Reported in: 54 DLR (2002) 506. ......d Magistrate is directed to proceed with the case in accordance with law and shall hear the matter relating to taking of cognizance afresh. Ed. This Case is also Reported in: 54 DLR (2002) 506. ..Category: Criminal Law | Date: | Hits: 28
....2000 is hereby recalled and vacated. Learned Subordinate Judge is directed to proceed with the suit in accordance with law.
Communicate.
Ed.
This Case is also Reported in: 55 DLR (2003) 166.
...... liable to pay for any assessment to be assessed by defendant No. 1 on the basis of their submitted Import General Manifest.
7. By filing an affidavit-in-opposition on behalf of defendant opposite party No. 2 Mr. Morad Reza opposed the proposed amendment and submitted that defendant No. 2 was not..
Category: Procedural Law | Date: | Hits: 60
Aumullaya Chandra Haldar Vs. Md. Mohsin Ali Mandal & others, 2002, 31 CLC (HCD)
...., as such, it should be maintained. In the result the Rule is discharged without any order as to cost. Communicate the order at once. Ed. This Case is also Reported in: 54 DLR (2002) 500. ......aya Chandra Haldar filed the aforesaid case on 31-10-1994 to have the case land measuring 21 decimals preempted which was transferred by his brother PW 2 Sarat Chandra Halder to the stranger opposite party No. 1 Mohsin Ali Mandal on 13-9-1994 by a registered kabala. The petitioner is a co-sharer in ..Category: Procedural Law | Date: | Hits: 75
Syed Ahmed Chowdhury Vs. Abdur Rashid Mridha, 2002, 31 CLC (HCD)
.... interference. In view of the discussion made above we find that this Rule merits no consideration. The Rule is, therefore, discharged. Ed. This Case is also Reported in: 54 DLR (2002) 498. ......ite Parties No.1 to 4. Criminal Revision No. 1002 of 1997. Judgment Amirul Kabir Chowdhury J. - At the instance of witness Syed Ahmed Chowdhury this Rule was issued calling upon the opposite party Nos. 1 to 4 to show cause as to why the order dated 29-7-97 passed by the learned Divisional S..Category: Criminal Law | Date: | Hits: 29
.... the Rule. Accordingly, the Rule is discharged and the order of stay granted at the time of issuance of the Rule is hereby vacated. No costs.
Ed.
This Case is also Reported in: 54 DLR (2002) 494.......l against the direction given in the judgment and decree passed by the learned Subordinate Judge.
11. If anybody is aggrieved by the judgment and decree, he can file an appeal although he is not a party in the suit. In this respect reliance may be made in the case of HM Saya & Co. Vs. Wazir A..
Category: Civil Law | Date: | Hits: 76
MA Kabir Chowdhury and others Vs. M Mahbubur Rahman Miah & others, 2002, 31 CLC (HCD)
....he executing Court is directed to proceed with the proceeding of Other Execution Case No. 3 of 1997 in accordance with law. Communicate. Ed. This Case is also Reported in: 54 DLR (2002) 485. ......mounts to an abuse of the process of Court, the Courts have been held to have inherent power to set aside an order obtained by fraud practiced upon that Court. Similarly, where the Court is misled by party or the Court itself commits a mistake which prejudices a party the Court has the inherent powe..Category: Civil Law | Date: | Hits: 125
Mst. Nurjahan Begum Vs. Administrator of Waqfs and others, 2010, 39 CLC (AD)
....ain to Nurjahan Begum, the predecessor of the petitioner. Therefore we find no substance in this petition which is accordingly dismissed. This Case is also Reported in: 15 MLR (AD) (2010) 518. ...... of the deed of waqf creating the waqf Estate. 3. One Md. Forrak Hossain, previous mutwalli of the said waqf Estate filed an application before the Administrator of Waqfs, Bangladesh, the opposite party-respondent No.1 for his decision to be given under Section 50 of the Waqf Ordinance, 1962 that..Category: Trust/Waqf Law | Date: | Hits: 183
Government of Bangladesh Vs. Hazrat Baku Shah Hawkers Market Somabaya Samity, 2010, 39 CLC (AD)
....m date". The Attorney General office will communicate the judgment and order of this Court to the Ministry concerned for compliance. Ed. This Case is also Reported in: 15 MLR (AD) (2010) 505.......aid the consideration money amounting to Tk.16,80,21,000/-, duly accepted by the Government, and when the Government was taking step for registration of the lease document, there was change of ruling party in the Government and on an allegation of collusion and corruption of the officers in the deal..Category: Property Law | Date: | Hits: 28
Shafiqul Huq (Md.) Vs. Mina Begum, 2002, 31 CLC (HCD)
....ted. The learned Assistant Additional Judge is directed to proceed expeditiously with the family suit in accordance with law. Communicate. Ed. This Case is also Reported in: 54 DLR (2002) 481.......1 passed by Subordinate Judge, Court No. 4 in Title Suit No. 296 of 2000, which rejected a prayer for stay of a family suit. 2. Short facts for disposal of the Rule are that on 12-10-2000 opposite party wife as plaintiff instituted Family Suit No. 208 of 2000 in the 6th Court of Assistant Judge a..Category: Family Law | Date: | Hits: 185
Nur Ahmed Vs. Moktar Ahmed & others, 1988, 17 CLC (HCD)
.... pay a sum of Tk. 250/- to the pre-emptor-opposite party by way of costs. In the result, the Rule is made absolute. No orÂder as to costs. Ed. This Case is also Reported in: 41 DLR (1989) 84.......cree dated 10.4.1982 passed by the learned Munsif, Cox's Bazar in Miscellaneous case No. 342 of 1980 of the said Court. The petitioner is directed to pay a sum of Tk. 250/- to the pre-emptor-opposite party by way of costs. In the result, the Rule is made absolute. No orÂder as to costs. Ed. ..Category: Property Law | Date: | Hits: 29
Angur Vs. State, 1988, 17 CLC (HCD)
....that the appellant forfeited that pardon on the grounds given in sub-section (1) of section 339 Cr.P.C. 14. Mr. S.B. Barua, the learned Advocate apÂpearing on behalf of the state submits that the defect, if any, pointed out by the learned Advocate for the appellant is not fatal for the prosecuti......e anything for which the pardon already tendered to him can be forfeited. He should be set at liberty at once if not wanted in any other case. Ed. This Case is also Reported in: 41 DLR (1989) 66...Category: Criminal Law | Date: | Hits: 42
Md. Azad Shaikh alias Azad SK Vs. State, 1988, 17 CLC (HCD)
....against the acÂcused person as mentioned in section 24, EviÂdence Act." In the case of Nurul Hoque Vs. the State 20 D.L.R. (Dhaka) 780 a Division Bench of the Dacca High Court held that "the formal defect in recording the confession is cured under section 533 Cr.P.C. Any defect arising out of viol......passed against the appellant is set aside. It is directed that he be set at liberty forthwith if not wanted in connection with any other case. Ed. This Case is also Reported in: 41 DLR (1989) 62...Category: Criminal Law | Date: | Hits: 31
Abdul Mukit Chowdhury Vs. The Chief Election ComÂmissioner & others, 1988, 17 CLC (HCD)
....nt any such direction. In the result, the Rule is discharged without costs. The order of stay granted earlier by this Court stands vacated. Ed. This Case is also Reported in: 41 DLR (1989) 57.......liar form of remedy different from the remedy which existÂed at common law, they are, unless the statute contains words which expressly or by necessary implication exclude the common law remedy, the party suing has his election to pursue cither that or the statutory remedy. The second class of case..Category: Election Law | Date: | Hits: 119
Warish Miah Vs. People's Republic of Bangladesh, 1988, 17 CLC (HCD)
....es of the present case. In the result, the Rule is discharged without costs. The order of slay granted earlier by this Court stands vacated. Ed. This Case is also Reported in: 41 DLR (1989) 51...... law makers. But if the language of the statute is plain and capable of giving only one meaning to that statute, heedless of the fact whether it is drastic or that hardship may likely to cause to any party the court must give that meaning alone: for the Court has to interpret the law in its ordinary..Category: Election Law | Date: | Hits: 104
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