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Moulvi Abdul Qudus Vs. Bangladesh, 2009, 38 CLC (AD)
....and there is no illegality or infirmity in the above decision so as to call for any interference. The petition is dismissed. Ed. This Case is also Reported in: 15 MLR (AD) (2010) 99. ......assed by the learned Subordinate Judge and the relevant provisions of President's Order No.137 of 1972 and the relevant provision of sections 86 and 87 of the State Acquisition of Tenancy Act and the principle enunciated in the case of A. Mannan and others Vs. Kulada Ranjan Mowali and others 31 DLR ......and there is no illegality or infirmity in the above decision so as to call for any interference. The petition is dismissed. Ed. This Case is also Reported in: 15 MLR (AD) (2010) 99. ..Category: Property Law | Date: | Hits: 24
....with law and no interference is called for.
Accordingly, the application for leave to appeal is dismissed.
This Case is also Reported in: 15 MLR (AD) (2010) 96; 15 BLC (AD) (2010) 113.
......hat the Artha Rin Adalat passed the order for civil imprisonment ex parte without providing any opportunity of hearing to the judgment-debtor-the writ petitioner, which is ex-facie a violation of the principle of natural justice and thus the High Court Division acted illegally in passing the impugne...... law provides for simple civil imprisonment of the judgment-debtor to compel to make the payment for satisfaction of the decree and is not an alternative punishment in lieu of payment of the decretal amount. Civil imprisonment will not exempt payment of the decretal amount.
6. Be that as it..
Category: Civil Law | Date: | Hits: 121
Khondker Delwar Hossain Vs. Speaker, Bangladesh Jatiyo Shangshad (Parliament), 1998, 27 CLC (HCD)
....two B.N.P. members of Parliament, to the Election Commission within thirty days from the receipt of this order. Ed. This Case is also Reported in: 19 BLD (HCD) (1999) 45, 51 DLR (HCD) (1999) 1. ......diction. The Speaker’s ruling cannot be challenged in a court of law either directly or indirectly as what takes place within the four walls of Parliament is not open to adjudication by court. This principle was laid down long time back in the case of Bradlaugh Vs. Gossett 1884(12) QBD 271, but it...... notification that the seats of the two members in respect of the constituencies mentioned above had fallen vacant. It was contended that their joining the Government of the Awami League as Ministers amounted to resignation from the B.N.P. and immediate cessation of membership of the Parliament unde..Category: Constitutional Law | Date: | Hits: 171
Secretary, Parliament SecreÂtariat, Dhaka Vs. Khandker Delwar Hossain and others, 1999, 27 CLC (AD)
....their seats pursuant to Article 70 of the Constitution to the Election Commission within 7 (seven) days from receipt of this order. Ed. This Case is also Reported in: 19 BLD (AD)(1999) 276. ......their seats pursuant to Article 70 of the Constitution to the Election Commission within 7 (seven) days from receipt of this order. Ed. This Case is also Reported in: 19 BLD (AD)(1999) 276. ......s it is a formal renouncement of an office acÂcompanied by an act of relinquishment, that an act or conduct which cannot even be said to be a voluntary giving up or abandonment of an office does not amount to resignation and that in the facts and circumstances of the case there having been no alleg..Category: Constitutional Law | Date: | Hits: 138
State Vs. Md. Chowdhury Alam, 2009, 38 CLC (AD)
....nd the appeal being still pending this Court is not inclined to interÂfere at this stage and accordingly the petiÂtion is dismissed. Ed. This Case is also Reported in: VII ADC (2010) 346. ......nd the appeal being still pending this Court is not inclined to interÂfere at this stage and accordingly the petiÂtion is dismissed. Ed. This Case is also Reported in: VII ADC (2010) 346. ...... under the "Income/Received" heading the total income of the respondent was found to be Tk. 1,28,41,800.00 and from the description given by the responÂdent under the "Expenditure/Payment" the total amount of expenses was found to be of Tk. 5,56,76,070/- among which immovÂable property of Tk. 4,42..Category: Others | Date: | Hits: 98
Mrs. Bakul Akter Vs. Bangladesh and others, 2010, 39 CLC (AD)
.... that case she will be liable. With these observations, this petition is dismissed. Ed. This Case is also Reported in: 18 BLT (AD) (2010) 282, 7 LG (AD) (2010) 101, 31 BLD (AD) (2011) 33. ......nstant writ petition. The High Court Division also summarily rejected the petition. 4. Md. Nawab Ali, the learned Advocate-on-Record appearing on behalf of the petitioner, submits that the correct principle of law has not been reflected in the order passed by the High Court Division. 5. We hav...... that case she will be liable. With these observations, this petition is dismissed. Ed. This Case is also Reported in: 18 BLT (AD) (2010) 282, 7 LG (AD) (2010) 101, 31 BLD (AD) (2011) 33. ..Category: Banking Law | Date: | Hits: 77
Md. Asheque Ali Vs. Md. Shamsul Hoque Sarder and others, 2010, 39 CLC (AD)
....-petitioner will be at liberÂty to file a fresh suit, if so advised, on fresh cause of action for allotment of sham, if there be any. Ed. This Case is also Reported in: VII ADC (2010) 333. ......-petitioner will be at liberÂty to file a fresh suit, if so advised, on fresh cause of action for allotment of sham, if there be any. Ed. This Case is also Reported in: VII ADC (2010) 333. ......the S.A.T. Act, he had been delaying to complete the transaction with false pleas. In January, 2000 the said defendant Nos.10 and 11 proposed him to execute the deed of sale on receipt of the balance amount of money but he finally refused to execute the sale deed in their favour and hence the defend..Category: Property Law | Date: | Hits: 18
Abul Hasem Chowdhury Vs. Md. Shamsur Rahman, 2009, 38 CLC (AD)
....sponÂdents supported the judgment of the High Court Division. In that view of the matter this leave petition is dismissed. Ed. This Case is also Reported in: VII ADC (2010) 327. ......sponÂdents supported the judgment of the High Court Division. In that view of the matter this leave petition is dismissed. Ed. This Case is also Reported in: VII ADC (2010) 327. ......sts of the plaintiff. So the plaintiff issued a legal notice to the defendant on 6.3.93 stating all the facts and circumstances and the plaintiff also stated that the defendant failed to pay the sail amount within 1(one) month from the date of receipt of the said notice, the plaintiff will file a su..Category: Property Law | Date: | Hits: 21
Md. Nurul Abedin Vs. Bangladesh, 2010, 39 CLC (AD)
....industry vide allotment letter dated 03.04.1990. Thereafter the petitioner and his partner as per allotment letter dated 03.04.1990 deposited 1,25,208.00 at a time in cash and thereafter paid all the installments and other payable premium without any default and they set up a chemical industry on th......tioner then auction sale proceeding may be dropped. Accordingly both the leave petitions are dismissed with above observation. Ed. This Case is also Reported in: VII ADC (2010) 301. ......y default and they set up a chemical industry on the said allotted plots by constructing a factory building and importing machinerÂies and other sophisticated equipments from abroad by spending huge amount of money from their own source. 4. The petitioner and his partner entered into an agre..Category: Property Law | Date: | Hits: 29
S. Co. Power Plant Ltd. Vs. Government of Bangladesh and othÂers , 2009, 38 CLC (AD)
.... the Adalat before making the sale. We therefore find no reason to interfere with the same. The petition is accordingly dismissed. Ed This Case is also Reported in: VII ADC (2010) 295....... the Adalat before making the sale. We therefore find no reason to interfere with the same. The petition is accordingly dismissed. Ed This Case is also Reported in: VII ADC (2010) 295.......ared without lawful authority on the following averments. The writ petitioner No.1, a private limited company, obtained loan from respondent No.3, Hong Kong and Shanghai Banking Corporation Limited amounting to Tk. 14,85,00,442/- with an annual interest at the rate of 15%. The Company failed to re..Category: Banking Law | Date: | Hits: 84
Jalaluddin Ahmed and others Vs. Md. Selim Hossain and others, 2010, 39 CLC (AD)
.... the way if they file a fresh suit, for recovery of the suit property. This leave petition is disÂmissed with the above observations. Ed. This Case is also Reported in: VII ADC (2010) 291. ...... the way if they file a fresh suit, for recovery of the suit property. This leave petition is disÂmissed with the above observations. Ed. This Case is also Reported in: VII ADC (2010) 291. ......, the judgment debtors failed to repay the said loan and the outstanding loan stood at Tk. 18,37494/- on 30th April, 2003. The bank thereupon instiÂtuted the instant suit for realization of the said amount by selling the mortgaged propÂerty covering an area of .35 acres of land of C.S. Khatian No...Category: Property Law | Date: | Hits: 28
Abdul Gafur Vs. Md. Nuru Miah, 2009, 38 CLC (AD)
....e ground Nos.1 and 2. The petitioners in both the petitions are permitted to prepare paper books out of Court in accordance with Rules. Ed. This Case is also Reported in: VII ADC (2010) 279. ......e ground Nos.1 and 2. The petitioners in both the petitions are permitted to prepare paper books out of Court in accordance with Rules. Ed. This Case is also Reported in: VII ADC (2010) 279. ......under Pre-emption proceeding the Pre-emptee-Petitioner caused much improvement on the purchased land and has excavated pond, raised land and conÂstructed house and thereby incurred expenditure of an amount of Tk. 1,22,5007. 6. The Miscellaneous Pre-emption Case Nos. 3 of 1991 and 4 of 1991 were ..Category: Property Law | Date: | Hits: 27
....the recommendations made above within six months. All the respondents are also directed to implement the directions made above immediately.
Ed.
This Case is also Reported in: 55 DLR (2003) 363.
......n is raised whether this court is competent to award compensation to a victim of torture or to the relation of a person whose death is caused in police custody or jail custody. We have considered the principle laid down in the case reported in AIR 1977 SC 610. According to us, this Court, in exercis......ce……………………………………………………………(25)
If the right to be informed of his grounds for arrest and the right to consult a legal practitioner are denied this will amount to confining him in custody beyond the authority of the Constitution. So some amendments in s..
Category: Constitutional Law | Date: | Hits: 137
State Vs. Shahin and others, 2009, 38 CLC (AD)
....nd there is no illegality or infirmity in the above decision so as to call for any interference. The petition is dismissed. Ed. This Case is also Reported in: 15 BLC (AD) (2010) 140. ......d avoid expressing their feeling, emotion and sentiment in the judgment but to follow the law, the evidence and material on record but in the present case, the learned Session Judge deviated from the principle as laid down. We are of the view that the High Court Division on proper considerati......nd there is no illegality or infirmity in the above decision so as to call for any interference. The petition is dismissed. Ed. This Case is also Reported in: 15 BLC (AD) (2010) 140. ..Category: Others | Date: | Hits: 93
Mohiuddin Khan and another Vs. Shihamul Haque and others, 2009, 38 CLC (AD)
....plaint and a decree for declaration that the setÂtlement deed described in schedule ‘B’ is not binding on the plaintiffs. Ed. This Case is also Reported in: 15 BLC (AD) (2010) 129. ......ndency of the suits/civil revisions which were admitÂtedly filed by their vendors made the purchasÂes without the permission of the court and so the above purchases of the plaintiffs are hit by the principles of lis pendens as provided under section 52 of the Transfer of Property Act. The plaintif......or non-prosecution and that suit was not withdrawn by the plainÂtiffs. As such, the provision of Order XXIII, rule 1(3) is not applicable as the order of non-prosecution of the earlier suit does not amount to withdrawal. Hence the plaintiff is not precluded to file a fresh suit by makÂing out a ne..Category: Property Law | Date: | Hits: 29
Abdul Gafur and others Vs. Md. Abdur Razzak and others, 2009, 38 CLC (AD)
....is allowed without any order as to costs. The judgment of the High Court Division is set aside and restored those of the Courts below. Ed. This Case is also Reported in: 62 DLR (AD) (2010) 242. ......is allowed without any order as to costs. The judgment of the High Court Division is set aside and restored those of the Courts below. Ed. This Case is also Reported in: 62 DLR (AD) (2010) 242. ......d observed that unless the tenants name was recorded in the rent roll by mutation, he could not pay rent, that though plot numbers were not mentioned in the receipts other particulars including exact amount of rent were specifically mentioned there and that this fact estabÂlished connection between..Category: Tenancy Law | Date: | Hits: 174
State Vs. Azizul Haque, 2008, 37 CLC (AD)
....failure of justice in acquitting Azizul Haque and others. We find no substance in this petition which is accordingly dismissed. Ed. This Case is also Reported in: VII ADC (2010) 267. ......zizul Haque. So his conviction solely based on the confessional statement of co-accused Alaich Mahmud is not mainÂtainable." We find that the approach of the High Court Division is on correct principle of law and there has been no failure of justice in acquitting Azizul Haque and others. ......failure of justice in acquitting Azizul Haque and others. We find no substance in this petition which is accordingly dismissed. Ed. This Case is also Reported in: VII ADC (2010) 267. ..Category: Others | Date: | Hits: 63
....other shop keepers paid the salami against receipts. Thereafter the City Corporation fixed the salami for a shop room at Tk. 1,50,000/- and asked the shop keepers to pay the balance amount by 5 equal installments of Tk. 25,000/- each. The appellant and other affected shop keepers duly paid the salam......inable. There is no merit in the contentions of the learned counsel. The appeal is therefore, dismissed without any order as to costs.
Ed.
This Case is also Reported in: VII ADC (2010) 241.
......The appellant and other shop keepers paid the salami against receipts. Thereafter the City Corporation fixed the salami for a shop room at Tk. 1,50,000/- and asked the shop keepers to pay the balance amount by 5 equal installments of Tk. 25,000/- each. The appellant and other affected shop keepers d..
Category: Property Law | Date: | Hits: 29
Md. Khorshed Alam and another Vs. Mohammad Ali and others, 2009, 38 CLC (AD)
....000/- for setting up a jewellery (gold) show room and accordingly an agreement was also made on 14.01.2004 and in terms of agreement down payment was made on 14.01.2004 and subsequentÂly the monthly installments were being paid and the formal allotment letter for the suit shop No. 19 was issued on ......earned Advocate for the petitioners in both of the leave petitions. Accordingly, both of the leave petiÂtions are dismissed. Ed. This Case is also Reported in: VII (ADC) (2010) 223. ......ed as Other Class Suit No.346 of 2005. 4. The plaintiffs case in short are that Shop No. 19 was allotted to him against his application for allotment dated 14.02.2004 fixing the consideration amount at Tk. 22,63,000/- for setting up a jewellery (gold) show room and accordingly an agreement w..Category: Property Law | Date: | Hits: 20
S. M. Hossain and others Vs. Lahazuddin and others, 2009, 38 CLC (AD)
....00/- was paid to him as earnest money, that Md. Yousuf would continue to pay rent till Kabala is registered; that thereafter, plainÂtiffs/respondents father paid a further sum of Tk. 11,000/- in two installments to the said Attorney leaving a balance of Tk. 1000/- that balance amount was refused by......m he had taken it". The Appellate Division in the case of Haji Kasimuddin Mandal being dead his heirs Afroza Bewa and others Vs Md. Jalaluddin Pramanik reported in 48 DLR (AD) 205 retreating the same principle holding that "A tenant cannot set up title to a property of which he is a monthly tenant w......nt till Kabala is registered; that thereafter, plainÂtiffs/respondents father paid a further sum of Tk. 11,000/- in two installments to the said Attorney leaving a balance of Tk. 1000/- that balance amount was refused by the attorney on tender by the plaintiffs/respondents father; that said Attorne..Category: Tenancy Law | Date: | Hits: 185
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