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Kamrul Mia and others Vs. State, 2007, 36 CLC (HCD)
....udge of Druta Bichar Tribunal No. 4, Dhaka in Druta Bichar Tribunal Case No. 27 of 2005 is set aside. Communicate this order at once. Ed. This Case is also Reported in: 61 DLR (HCD) (2009) 474. ......ul Kader Mirza Vs. Bangladesh, reported in 56 DLR 31, their Lordships in answering the question whether the notification for transfer of a case to Druta Bichar Tribunal is vocative of the fundamental rights guaranteed under Articles 27, 31, 32 and 35 of the Constitution, were of the opinion, that si..Category: Procedural Law | Date: | Hits: 84
.... of respondent No. 2 presented under Rule 31
Of the Tenancy Rules, 1955 are accordingly, restored. Communicate at once.
Ed.
This Case is also Reported in: 61 DLR (HCD) (2009) 18.
......n, at present Dhanmondi, originally belonged to respondent No. 2, Bhawal Raj Court of Wards for and on behalf of Kumar Rabindra Narayan Roy Chowdhury and his sons in sixteen Annals permanent Jamindarirights and CS Khatian was accordingly, prepared in their names. In 1336 BS, said land was settled wi..
Category: Property Law | Date: | Hits: 120
Hazi Shamul Alam Vs. Dr. Ashim Sarkar and others, 2006, 35 CLC (HCD)
....onnected Civil Rule No.17(F) of 2004 is discharged and the order of stay is vacated. Send down the lower Court's records at once. Ed. This Case is also Reported in: 13 MLR (HCD) (2008) 199. ......uayum, learned Advocate of the plaintiff-appellant then referred to us the definition of homestead as contained in Section 2(14) of the State Acquisition and Tenancy Act, 1950, regulating the tenancy rights of the citizens, which reads; "homestead means a dwelling house with the land under it, toget..Category: Property Law | Date: | Hits: 132
Prof. Serajul Islam Chowdhury and others Vs. Jahangirnagar University and others, 2009, 38 CLC (HCD)
.... Judgment complying with the principles of natural justice and fairness. 62. There is no order as to costs. Ed. This Case is also Reported in: 30 BLD (HCD) (2010) 6; 61 DLR (HCD) (2009) 744 ......e transposed as co-petitioner Nos.6-10. 3. The facts leading to the issuance of the Rule, in brief, are: 4. Petitioners Nos.1 to 5 are actively engaged in citizens' movements for securing basic rights of all persons, including safety and security in public institutions. Petitioner No.1 Profess..Category: Employment/Service Law | Date: | Hits: 169
Abul Hashem Vs. Mahmuda Khatoon & another, 2012, 41 CLC (HCD)
....h and the learned Assistant Judge and Family Court, Fulbaria, Mymensingh along with the lower Court records. No order as to costs. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 494. ......ve jurisdiction to entertain, try and dispose of any suit relating to, or arising out of, all or any of the following matters, namely— (a) dissolution of marriage; (b) restitution of conjugal rights; (c) dower; (d) maintenance; (e) guardianship and Custody of children. 42. Althou..Category: Family Law | Date: | Hits: 246
Nur Mohammad Vs. Serajul Islam and others, 2012, 41 CLC (HCD)
..... The order of stay granted earlier by this Court is hereby recalled and vacated. Send down the Lower Court's Records at once. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 491. ....... So it is clear that the plaintiff-opposite party obtained right and title from the date of execution of the said Bainanama deed. 12. Section 48 of the Transfer of Property Act is a priority of rights created transfer wherein the maxim "qui prior est tempore potior est jure" means who is befor..Category: Property Law | Date: | Hits: 134
....us quo granted earlier at the time of issue of the Rule on 15.12.02 is hereby recalled and vacated.
Send down the records at once.
Ed.
This Case is also Reported in: 13 MLR (HCD) (2008) 273.
......overnment of the People's Republic of Bangladesh, and others..…………………Opposite parties
Judgment
February 26, 2007.
Result:
The Rule is made absolute in part.
The record of rights prepared in the name of the government during the last revisional survey has got no basis sin..
Category: Property Law | Date: | Hits: 100
Anwar Hossain (Md.) and others Vs. State and others, 2003, 32 CLC (HCD)
....strict Magistrates, Dhaka, Chittagong and Khulna, by postal guaranteed service for their Guidance and to act in accordance with law. Ed. This Case is also Reported in: 55 DLR (HCD) (2003) 643. ......u's right to challenge the legality or propriety of his detention which was available to him under section 491 of the Code prior to the Constitution in operation, has been enlarged by the fundamental rights guaranteed to him by the Constitution and thus, whenever he relies upon his fundamental right..Category: Criminal Law | Date: | Hits: 114
Muhibur Rahman Manik and others Vs. Bangladesh and others, 2003, 32 CLC (HCD)
....ion of law. In the result, the Rules are discharged without any order as to cost. The orders of stay granted earlier are vacated. Ed. This Case is also Reported in: 55 DLR (HCD) (2003) 636. ......sis on the fact that it is the Government who chooses the cases, the Courts and the Judges. So, according to him, this unfettered power as given to the Government not only is violative of fundamental rights but it also amounts to interference with the conception of independence of judiciary. This la..Category: Criminal Law | Date: | Hits: 177
Islami Bank and others Vs. Dewan Md. Yusuf, 2002, 31 CLC (HCD)
....in Bareilly Bank Ltd. Vs. Nowal Kishore (AIR 1964 All 78) that a banker is bound to know his customer's handwriting. 20. A bank's relationship with a customer, who deposits money, is essentially a contractual one. A bank is neither a bailee, nor a trustee of the customer's money, but as the House......udgment and the decree passed by the learned Court below. In view of above the appeal is dismissed without any order as to cost. Ed. This Case is also Reported in: 55 DLR (HCD) (2003) 624. ..Category: Criminal Law | Date: | Hits: 130
....the goods from a Chinese manufacturer as otherwise specifically identified in each such contracts remained, however, unable to ensure the carriage of the goods to Chittagong within the stipulated contractual time. It is stated that such inability was attributable primarily to civil commotion, st...... Orders previously made in each of these cases by this Court are also accordingly maintained.
17. There are no orders as to costs.
Ed.
This Case is also Reported in: 7 LG (HCD) (2010) 64.
..
Category: Alternative Dispute Resolution | Date: | Hits: 589
Abdul Awal and others Vs. Ratan Bibi and others, 2007, 36 CLC(HCD)
....nths from date of receipt of the order. The order of stay granted at the time of issuance of the rule is hereby vacated. Communicate. Ed. This Case is also Reported in: 13 MLR (HCD) (2008) 41. ...... 17. The test is not whether the plaintiff agrees to adding a party as a defendant or not, but whether the relief claimed by the plaintiff will directly affect the intervener in the enjoyment of his rights. The Court must in every case record reasons in support of its order impleading or refusing t..Category: Property Law | Date: | Hits: 85
....t wherever it is necessary within 60 days from the date of receipt of the copy of this Judgment.
There will be no order as to cost.
Ed.
This case is also Reported in:49 DLR (HCD) (1997) 467.
...... daughters and one wife.
3. At the first instance, one son, namely, Md. Salahuddin preferred this writ petition and obtained Rule on 13‑7‑92 for a direction to mutate his name in the record of rights as Mr. Md. Serajuddin, the father of Md. Salahuddin died. Later on this Salahuddin died and h..
Category: Property Law | Date: | Hits: 119
Tajul Islam and others Vs. Chini Miah and others, 2007, 36 CLC (HCD)
..... Orders of stay and ad-interim injunction granted by this Court stand vacated. Records of Courts below be sent down immediately. Ed. This Case is also Reported in: 13 MLR (HCD) (2008) 1. ......r of the deeds is Shashi Mohan Mondal. 18. To workout the legal controversy it will be profitable to have a look on section 48 of Transfer of Property Act. 19. Section 48 deals with priority of rights created by transfer. It enjoins that where a person purports to create by transfer at differe..Category: Procedural Law | Date: | Hits: 155
Esahaq Ali Mallik and another Vs. Mobarak Sheikh and others, 2009, 38 CLC (HCD)
.... No.14 of 1998 dismissing the suit are set aside. Let a copy of the judgment along with lower Court's record be sent down at once. Ed. This Case is also Reported in: 16 BLC (HCD) (2011) 144. ......at the defendants claimed their right, title over the suit and on the basis of SA record which appears to be prepared wrongly in their name at the early period of the than Pakistan but such record of rights does neither create nor destroy the right, title and possession as acquired by the plaintiff-..Category: Property Law | Date: | Hits: 100
Motiur Rahman Bahadur Vs. Hemanta Kumar Shill, 2010, 39 CLC (HCD)
....ent and part decree passed by the Subordinate Judge 2nd Court, Pirojpur, is maintained. Send down the lower Court records at once. Ed. This Case is also Reported in: 16 BLC (HCD) (2011) 180. ......ds which in the circumstances of the case, must lead to the inference that the property was received or acquired by her in a manner which may constitute stridhana. There is none except two records of rights standing in the name of Kumudini and the factum of joint sale for stridhana to stand on. The ..Category: Property Law | Date: | Hits: 107
Aysha Begum and others Vs. Mozibur Rahman, 2010, 39 CLC (HCD)
....is allowed. The impugned order passed by the learned Joint District Judge is set aside. There shall, however be, no order as to cost. Ed. This Case is also Reported in: 16 BLC (HCD) (2011) 160. ......laid down in Ghulam Zainab Vs. Tnhirn Sultana, PLD 1977 Lah 492, further held: "The provision for appointment of receiver is to be considered as one of the harshest remedies for the enforcement of rights to property. It should, therefore, be exercised only in extreme cases. Where there is not mer..Category: Civil Law | Date: | Hits: 126
Junnur Rahman (Md.) Vs. Bangladesh Shilpa Rin Sangstha (BSRS) and others, 1997, 26 CLC (HCD)
....t that could also be considered by the Administrative Tribunal. In the result, the Rule is discharged without any order as to cost. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 39. ......nd allocating 25 marks out of 100 marks for the interview keeping 18 marks as pass mark paved the way for arbitrary action on the part of the promotion committee and thus violative of the fundamental rights guaranteed under Articles 27 and 29 of the Constitution. Petitioner alleged that respondent N..Category: Employment/Service Law | Date: | Hits: 194
Gazi Jashimuddin Vs. Bangladesh & others, 1997, 26 CLC (HCD)
.... The respondents are directed to appoint the petitioner to the Police cadre within four months from the date of receipt of this order. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 37. ......or antecedent of the petitioner, is vague and ambiguous, as no material was furnished. If such reasoning is accepted by the Court as a valid basis for the impugned notification it will jeopardise the rights of a citizen, guaranteed under Articles 27 and 29 and complete freedom will be recognised for..Category: Employment/Service Law | Date: | Hits: 194
Nazir Ahmed & Others Vs. Yonus Meah & Others, 1984, 13 CLC (HCD)
....udge in Criminal Motion No.53 of 1983 are set aside and those of the learned Magistrate passed in Misc Case No.160 of 1977 are restored. Ed. This Case is also Reported in:36 DLR (1984) 93. ......ned Magistrate to attach the proceeding shop-house under section 146 of the Cr.P.C. directing the receiver to keep the shop-house under lock and key until a competent Civil Court has determined the rights of the parties thereto or the person entitled to possession thereof. Being aggrieved, the s..Category: Procedural Law | Date: | Hits: 116
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