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Shahidullah and others Vs. Lutfur Karim and others, 1997, 26 CLC (HCD)
.... learned Counsel representing the plaintiff opposite party No.5 at good length. 9. The moot question before this court is, whether the judgment of reversal passed by the lower appellate Court is a proper judgment of reversal. 10. Both the Courts below failed to consider the question of limitat......d down the record at once. Ed. This Case is also Reported in: 50 DLR (1998) 328. ......attached to them an artificial weight, and held that uninterrupted, uncontradicted and unexplained, they constituted proof from which a jury ought to infer prescriptive right, coeval with the time of legal memory. (Principles of Law of Evidence of Best (12th Edition 322). 16. The next question th..Category: Procedural Law | Date: | Hits: 103
Saiful Islam Dilder Vs. Government of Bangladesh and others, 1998, 27 CLC (HCD)
....is anti-environment and anti-people project. The petitioner further stated in the petition that the BELA conducted investigations at various times from 1992-93 in the FAP-20 areas. He alleged that no proper environmental impact assessment had been undertaken in relation to the FAP projects although ......e Court High Court Division (Special Original Jurisdiction) Present: AM Mahmudur Rahman J Zakir Ahmed J Saiful Islam Dilder………….Petitioner Vs. Government of Bangladesh and others…………Respondent Judgment February 16, 1998. Result: The writ petition i......eople. He also states that Chetia has not been allowed any opportunity to seek political asylum as a politically persecuted person. He further states that under International Law, Bangladesh is under legal obligation to grant him refugee status. The petitioner wrote to the Hon’ble Home Minister fo..Category: Constitutional Law | Date: | Hits: 421
....ncy Act.
8. Before proceeding further with other arguments, we intend to dispose of the first objection that has been raised by Mr. Khondker Mahbuddin Ahmed on mis-joinder of causes of action. For proper appreciation of the whole matter let us look into the provision of section 24(1) of the Non-A......so Reported in: 50 DLR (HCD) (1998) 311.
......istrict Sub-Registrar’s Office, Comilla for which Title Suit No.117 of 1986 was instituted in the Court of the learned Assistant Judge, Sadar Chandpur for a declaration that the alleged deeds are illegal, forged collusive, without consideration and void. It is also the case of the petitioner that ..
Category: Property Law | Date: | Hits: 113
Samir Ali (Md.) and others Vs. Md. Atiar Rahman Dafadar and others, 1996, 25 CLC (HCD)
....uit by filing written statements denying the materials allegation contained in the plaint, stating further that the aforesaid gifts were validly made, the possession was duly delivered and the gifted properties were mutated in the name of the donees. 5. The learned trial Court on consideration of....... Ed. This Case is also Reported in: 49 DLR (HD) (1997) 131. ......Rule. In the result, this Rule is discharged but without any order as to costs. Let the Lower Court’s Records be sent down. Ed. This Case is also Reported in: 49 DLR (HD) (1997) 131. ..Category: Property Law | Date: | Hits: 85
....be discharged.
In the result, this Rule is discharged and in the facts and circumstances of the case we pass no order as to cost.
Ed.
This case is also Reported in: 49 DLR (HD) (1997) 126.
......Mozammel Hoque J
Md. Abdul Matin J
Kazi Mokhlesur Rahman……………………………………………………………………Petitioner
Vs.
Secretary, Ministry of Law, Justice and Parliamentary Affairs, Government of the People's Republic of Bangladesh and others…………...... the office of Government Pleader of Dhaka and appointment of respondent No.4 as Government pleader of Dhaka vide Annexure-A to the writ petition should not be declared to have been made and passed illegally and without any lawful authority (a per order dated 6-11-96).
2. It is the case of the pe..
Category: Others | Date: | Hits: 212
Shahriar Rashid Khan and another Vs. Bangladesh, 1997, 26 CLC (HCD)
....alienable right of every citizen, wherever he may be, and of every other person for the time being within Bangladesh, and in particular no action detrimental to the life, liberty, body, reputation or property of any person shall be taken except in accordance with law.” Article 32 of the Consti...... Jurisdiction) Present: Md. Mozammel Hoque J Md. Abdul Matin J Shahriar Rashid Khan..........................Petitioner Vs. Bangladesh represented by the Secretary, Ministry of Law and Parliamentary Affairs and others.................................Respondents (In Writ Petition N......heard together and are being disposed of by one judgment. 2. Rules were issued calling upon the respondents to show cause as to why the Indemnity (Repeal) Act, 1996, should not be declared void, illegal, ultra vires the Constitution and are of no legal effect and as to why the Dhanmondi PS Case N..Category: Criminal Law | Date: | Hits: 202
Habibur Rahman Mondal (Md.) and others Vs. State and another, 2010, 39 CLC (HCD)
....of 2005 arising out of Gaibandha PS Case No. 7 dated 7-4-2005 then pending in the Court of Magistrate, First Class, Gaibandha, should not be quashed or any other passed as this Court may deem fit and proper. 2. By the same Rule issuing order, all further proceeding of the above mentioned case was......smitted to the Court below without delay Ed. This Case is also Reported in: 63 DLR (2011) 23. ......ted in first information report. Since no such specific allegation has been disclosed, the criminal case against the accused-petitioners is not tenable in law. Secondly, the learned Advocate raises a legal point submitting that the informant Post Master of the Head Post Office, Gaibandha, had no law..Category: Criminal Law | Date: | Hits: 101
Shahajada Talukder Vs. Election Commissioner and others, 2003, 32 CLC (HCD)
.... the Appellate Division relied on the above decisions for holding that writ jurisdiction cannot be invoked in such election dispute even of Union Parishad election and the Election Tribunal is the proper forum. But as it appears in terms of section 100(1)(d)(iv) of Representation of People Act 1......vision (Special original Jurisdiction) Present: Md. Tafazzul Islam J Md. Anwarul Haque J Shahajada Talukder...................................Petitioner Vs. Election Commissioner and others.....................................Respondents Judgment February 8, 2003. Resul......5 rejecting the nomination paper filed by the petitioner and also the Memo dated 9‑1‑2003 declaring the pro forma respondent No.6 as uncontested Chairman, shall not be declared void and is of no legal effect. 2. The case of the petitioner, as made out in the writ petition, is that he is a ..Category: Election Law | Date: | Hits: 211
....sue the guarantor bank alone for realisation of its outstanding dues, even without seeking remedy against the defaulting dealers and, as such, the presence of the dealers was not at all necessary for proper adjudication of the suit and consequently, the learned Subordinate Judge and 2nd Artha Rin Ad......s also Reported in: 55 DLR (2003) 417.......the learned Subordinate Judge and 2nd Artha Rin Adalat and Commercial Sub‑Judge Court, Chittagong for his information and necessary action.
Ed.
This Case is also Reported in: 55 DLR (2003) 417...
Category: Civil Law | Date: | Hits: 101
Ali Azam Vs. Md. Majibullah, 2002, 31 CLC (HCD)
....in a Sub-Registrar’s office. He had two wives, two sons and two daughters by his first wife and one son and two daughters by his second wife. He was a resident of village Mokimpar. After erosion of property in the river their father took shelter in the house of his elder brother at village Shyampu...... Vs. Md. Majibullah…………………………………….Opposite Party Judgment July 16, 2002. Result: The Rule is discharged. Cases Referred to- Bhrigurashram Missir and another Vs. Surendra Nath Mitra and another, AIR 1962 (Patna) 204; Joydayal Poddar Vs. Bibi Baje......n of proving that a particular sale is benami and the apparent purchaser is not the real owner, always rests on the person asserting it to be so. This burden has to be strictly discharged by adducing legal evidence, a definite character which would either directly prove the fact of benami or establi..Category: Property Law | Date: | Hits: 103
....o substance in this Rule. The Rule is accordingly, discharged without any order as to costs.
Stay granted by this Court stands vacated.
Ed.
This Case is also Reported in: 55 DLR (2003) 409.
......
The Rule is discharged.
Cases Referred to-
Secretary of State represented by the Collector of South Acrot Vs. Mask & Co., 44 CWN 709 (Privy Council); Rafiqul Alam (Md.) Vs. Mustafa Kamal and ors, 42 DLR (AD) 137.
Lawyers Involved:
AF Hassan Ariff with Khaleda Zaman, Siper Mustofa,......iety) instituted Title Suit No.238/99 in the 1st Court of Assistant Judge, Dhaka against the present petitioner and others for declaration that the election of the society held on 13‑12‑1997 is illegal, without any lawful authority and void and that the Execution Committee constituted by the def..
Category: Procedural Law | Date: | Hits: 124
Abdul Goni Kha Vs. Md. Abdul Aziz Azizur Rahman and others, 1996, 25 CLC (HCD)
.... receipt of this order failing possession through the court in execution thereof. Send down the lower Courts record expeditiously. Ed. This Case is also Reported in: 49 DLR (HD) (1997) 172. ......igh Court Division (Civil Appellate Jurisdiction) Present: Mohammad Fazlul Karim J Abdul Goni Kha.........................................Petitioner Vs. Md. Abdul Aziz Azizur Rahman and ors.................Opposite Parties Judgment August 27, 1996 Result: The Rule is ma......and sold by 3 Kabalas and that the vendees executed and registered 3 deeds of agreement of reconveyance for period of 12 years and that the Miscellaneous cases for redemption were correctly filed and legally allowed by the Magistrate and the possession of the suit land was restored to Nazar Ali on 3..Category: Property Law | Date: | Hits: 114
Talebur Rahman alias Taleb and 2 others Vs. State, 1994, 23 CLC (HCD)
....ny other case and the accused appellant Abdul Matin be discharged from his bailbond. Send down the lower Court records immediately. Ed. This Case is also Reported in: 49 DLR (HD) (1997) 167. ...... Reported in: 49 DLR (HD) (1997) 167. ......harge and the evidence on record and the judgment and order of the trial Court submitted that the conviction and sentence of the accused-appellants is based on surmises and conjectures rather than on legal evidence and the prosecution having failed to prove the case against the appellants beyond rea..Category: Criminal Law | Date: | Hits: 74
....pposite parties in the other civil revisions shall get interest @ 10 percent from the date of this judgment (19-8-96) till realisation.
Ed.
This Case is also Reported in: 49 DLR (HD) (1997) 160.......Gholam Rabbani J
M Bazlur Rahman Talukder J
Former Modern Shishu Hospital, presently Institute of Child Mother Health………………Petitioner
Vs.
Abdus Salam, son of Late Yusub Molla and another & 5 others.........Opposite Parties
Judgment
August 19, 1996.
Result:
Th......preferred by the Government being Arbitration Appeal No.13 of 1995 the learned District Judge and Appellate Arbitrator upheld the rate fixed by the learned Arbitrator observing that the rate was both legal and reasonable. Requiring Body thereafter obtained Rule in Civil Revision No.12 of 1996.
6...
Category: Property Law | Date: | Hits: 84
Nasiruddin (Hazi Md.) Vs. Md. Mozammel Hossain and others, 2010, 39 CLC (HCD)
....spose of the appeal within two months from the date of receipt of this order. Office is directed to communicate the order at once. Ed. This Case is also Reported in: 63 DLR (HD) (2011) 303. ...... ......te - For the Opposite Parties. Civil Miscellaneous Case No. 7 of 2008. Judgment Syed Md. Ziaul Karim J.- This Rule, at the instance of defendant respondent petitioner calls in question the legality and propriety of judgment and order dated 26-8-2008 passed by learned District Judge, Dha..Category: Procedural Law | Date: | Hits: 108
Jahangir Alam and others Vs. State, 2011, 40 CLC (HCD)
....umstances of the case as well as the evidence well proved the recovery of marks note from the accused-appellant therefore the conviction and sentence was passed by the trial Court which was legal and proper one and, as such, both the appeals are liable to be dismissed. 11. Heard the learned Advoc......s Case is also Reported in: 63 DLR (HD) (2011) 294.......s and circumstances of the case as well as the evidence well proved the recovery of marks note from the accused-appellant therefore the conviction and sentence was passed by the trial Court which was legal and proper one and, as such, both the appeals are liable to be dismissed. 11. Heard the lea..Category: Criminal Law | Date: | Hits: 142
Global Access Ltd. Vs. Bangladesh and others, 2003, 32 CLC (HCD)
....t No.7 (Annexure‑B) should not be declared to have been made without lawful authority and is of no legal effect and/or such other or further order or orders passed as to this Court may seem fit and proper. 2. The case of the petitioner is that on 22‑8-02 respondent No.7 invited sealed tende......h Court Division (Special Original Jurisdiction) Present: Md. Hamidul Haque J Salma Masud Chowdhury J Global Access Ltd..................................Petitioner Vs. Bangladesh and others…………….……………..Respondents Judgment January 25, 2003. Result: ......gio Limited) arising from the impugned Tender Document No.19 of 2002‑2003 issued by the respondent No.7 (Annexure‑B) should not be declared to have been made without lawful authority and is of no legal effect and/or such other or further order or orders passed as to this Court may seem fit and p..Category: Others | Date: | Hits: 174
Mohammadullah and others Vs. Md. Shamsul Alam alias Md. Alam, 2002, 31 CLC (HCD)
....ostal peon with the endorsement 'refused' that would not be a refusal by the defendant within the Meaning of Order V, sub-rule (2), of Rule 19B of the Code and such refusal could not be accepted as a proper service of summons of the suit upon the defendant by registered post to hear the suit ex part......are maintained. Ed. This Case is also Reported in: 55 DLR (2003) 428. ...... the said finding of fact. In the result, these Rules are discharged without any order as to cost. The impugned orders are maintained. Ed. This Case is also Reported in: 55 DLR (2003) 428. ..Category: Procedural Law | Date: | Hits: 100
Insab Ali (Md.) Vs. Magistrate (Abu Zafar) Jessore and others, 2010, 39 CLC (HCD)
.... Kg Soybean oil not shown in the seizure list is hereby declared to have been done without lawful authority and is of no legal effect. Ed. This Case is also Reported in: 63 DLR (HD) (2011) 290. ......rt Division (Special Original Jurisdiction) Present: Md. Ashfaqul Islam J SM Emdadul Hoque J Insab Ali (Md.)……………………Petitioner Vs. Magistrate (Abu Zafar) Jessore and others……………………Respondents Judgment August 10, 2010. Result: The Rule......e Serial Nos. 43, 44, 45 and 46 of the seizure list and 370 Kg Palm Oil 185 Kg Soybean oil not shown in the seizure list should not be declared to have been done without lawful authority and is of no legal effect. 2. Brief the facts of the case, are that, the petitioner is a law-abiding citizen..Category: Criminal Law | Date: | Hits: 94
Iqbal Hasan Mahmood Vs. State, 2008, 37 CLC (HCD)
....tencing him to suffer rigorous imprisonment for 7 (seven) years with a fine of Taka 50,00,000 (fifty lakh) in default to suffer rigorous imprisonment for 1 (one) year more and also confiscating the properties in the name of the appellant in favour of the state alleged to be disproportionate to h......laluddin, 60 DLR (AD) 57. Lawyers Involved: Raflque-ul-Huq with Ahsanul Karim, Faheemul Huq, Khairul Alam Choudhury, Kabir Iqbal Hossain, Kazi Akhtar Hossain, Aminul Hoque, Tanveer Hossain Khan and Rumeen Farhana, Advocates - For the Appellant. Khurshid Alam Khan, Advocate - For the Respond......lakh) in default to suffer rigorous imprisonment for 1 (one) year more and also confiscating the properties in the name of the appellant in favour of the state alleged to be disproportionate to his legal source of incomes. 3. After the declaration of the state of Emergency on 3rd February, 2007..Category: Criminal Law | Date: | Hits: 125
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