Search Options
Judgment Advanced Search
Displaying 2341-2360 of 5586 results.
Didar Ali and others Vs. Naziur Rahman, 1998, 27 CLC (HCD)
....matter either by himself or by any other person appointed by him in that behalf. Mr. Khan next submits that the learned Assistant Judge also erred in law in pointing to the market‑value of the suit property to be the guiding factor in determining the valuation of the suit ignoring the frame and sc......r his information and necessary action. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 451.......mine the correct valuation of the suit in terms of sections 8C and 8D of the Court‑fees Act. In that view of the matter, it must be held that the learned Assistant Judge passed the impugned order illegally and arbitrarily ignoring the express provisions of law regarding the return of the plaint an..Category: Procedural Law | Date: | Hits: 81
Government of the People's Republic of Bangladesh Vs. Rahima Begum and others, 2008, 37 CLC (HCD)
....e plaintiff took pattan of total 0.74½ acres of land from Plot Nos.254, 230 and 236/754 from Raja, and got possession. The plaintiff also took settlement of 0.06 acres of land from 'Kha' schedule of property from the original recorded tenant in the month of Chaitra, 1355 BS and after paying rent he......n) Present: SM Ziaul Karim J Government of the People's Republic of Bangladesh, represented by the Deputy Commissioner, Jessore………………………..Petitioner Vs. Rahima Begum and others...........................Opposite Parties Judgment December 18, 2008. Result: ......dvocate - For the Petitioner. Arun Kumar Bhattacharya, Advocate - For Opposite Party Nos.1-10. Civil Revision No.4987 of 2003. Judgment SM Ziaul Karim J.- This Rule, calls in question the legality and propriety of the Judgment and decree dated 18-9-2002 passed by the learned Additional D..Category: Property Law | Date: | Hits: 98
Abdul Hye Tafader Vs. Md. Monir Hossain Patwary and others, 2009, 38 CLC (HCD)
.... the learned Senior Assistant Judge, Chandpur Sadar, Chandpur in Title Suit No.15 of 2002 should not be set aside and or such other or further order or orders passed as to this Court may seem fit and proper. 2. Short facts of the case are as follows: The petitioner as plaintiff instituted Tit...... 426. ......ng the opposite parties as defendants therein for declaration that the so-called order dated 21-11-2004 passed by the opposite parties compulsorily retiring the plaintiff-petitioner from service is illegal, and not binding upon the petitioner, stating, in short, that the petitioner passed the Matric..Category: Employment/Service Law | Date: | Hits: 158
Naimuddin Molla and others Vs. Ibrahim Molla and others, 2008, 37 CLC (HCD)
.... learned Assistant Judge, Sadarpur, Faridpur in Title Suit No.32 of 1998 dismissing the suit shall not be set asides and or pass any other or further order or orders as to this Court may seem fit and proper. 2. The plaintiff Ibrahim Molla instituted Title Suit No.38 of 1998 in the Court of Assis......t once. Ed. This Case is also Reported in: 62 DLR (HCD) (2010) 369. ......ate of settlement, sold the same to the plaintiff through the alleged Bainapatra as mentioned in the plaint. It has been further asserted in the written statement by the government that due to such illegal act of the defendant No.1, the government has already resumed the settled property and none of..Category: Procedural Law | Date: | Hits: 120
Hefzur Rahman (Md) Vs. Shamsun Nahar Begum and another, 1995, 24 CLC (HCD)
.... Taka. 1000.00 each per month from the defendant-petitioner Md. Hefzur Rahman till respectively she remarries and he attains majority. Ed. This Case is also Reported in: 47 DLR (HCD) (1995) 54. ...... Present: Mohammad Gholam Rabbani J Syed Amirul Islam J Hefzur Rahman (Md)…………………………………………………………………Petitioner Vs. Shamsun Nahar Begum and another………………………………………Opposite Party Judgment January 9, 19......titled to get from the petitioner an amount of Taka 1,000.00 per month as maintenance commensurate with the status and means of the petitioner. We further hold that the learned District Judge acted illegally in reducing the amount abruptly without assigning any reason whatsoever. 7. Now we addres..Category: Family Law | Date: | Hits: 528
Ekram Ali Fakir and three others Vs. Abdus Samad Biswas, 1994, 23 CLC (HCD)
....ure. Therefore, the impugned judgment is no judgment at all. 4. In the facts and circumstances stated above I am of opinion that the appeal should be sent back to the Court below for delivering a proper judgment in accordance with law. There is no need to issue a Rule in a case like this. Accord...... Ed. This Case is also Reported in: 47 DLR (HCD) (1995) 53. ......nt of the trying Magistrate which was delivered in 'Bangla’ which covers 8 typed pages and thereafter the appellate Court came to his own decision in one sentence to the effect, "We found nothing illegal in the impugned order." So it appears that the learned Additional Sessions Judge neither scrut..Category: Criminal Law | Date: | Hits: 85
Anwar Hossain Khan Vs. Speaker of Bangladesh Sangsad Bhavan and others, 1994, 23 CLC (HCD)
....ed Kirmani's case came to the conclusion that the only point on which there was unanimity in the English Courts was that matters which can "fairly be described as internal proceedings relating to the proper business of the House are wholly outside the corrective jurisdiction of the High Court". In t......zi Shafiuddin J Kazi AT Manowaruddin J Anwar Hossain Khan……………………………………………………………………Petitioner Vs. Speaker of Bangladesh Sangsad Bhavan and others ………………Respondents Judgment December 11, 1994. Result: The writ of......or they filed any hajira. It is further stated that although they are not attending the Parliament session from 1.3.94 and are abstaining without leave or authority from the Parliament yet they are illegally drawing salary, allowances, car facility, telephone facility and other facilities as allowed..Category: Constitutional Law | Date: | Hits: 344
Prof. Nurul Amin Bepari Vs. Vice-Chancellor & others, 1998, 27 CLC (HCD)
.... For the reasons stated above the Rule is liable to be discharged. Accordingly, the Rule is discharged without any order as to costs. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 405.......ce-Chancellor & others……………………Respondents Judgment June 17, 1998. Result: The Rule is discharged. Case Referred To- Controller of Examination University of Dhaka and others Vs. Mahiuddin and others, 44 DLR 305 (AD). Lawyers Involved: Md. Azizul Huq, Advoca......Boards for recommending appointment of Assistant Professors and Lecturers of the University of Dhaka in various subjects should not be declared to have been made without lawful authority and is of no legal effect. 2. The petitioner, Nurul Amin Bepari, a professor of the Department of Political Sc..Category: Employment/Service Law | Date: | Hits: 228
State Vs. A K M Mohiuddin, 1996, 25 CLC (HCD)
.... of the evidence and Materials on record there is no misappropriation by the appellant with dishonest intention. The learned trial Court having not considered the material evidence on record in their proper perspective committed an illegality in convicting the appellant under section 409 of the Pena......the Appellant. SA Hasan, Assistant Attorney‑General ‑ For the State. Criminal Appeal No.2257 of 1994. Judgment Syed JR Mudassir Husain J.- This Appeal is directed against the judgment and order of conviction dated 19‑10‑94 passed by the learned Additional Sessions Judge, and Spec......record there is no misappropriation by the appellant with dishonest intention. The learned trial Court having not considered the material evidence on record in their proper perspective committed an illegality in convicting the appellant under section 409 of the Penal Code read with section 5(2) of t..Category: Criminal Law | Date: | Hits: 99
Indu Mod Howlader Vs. Additional Deputy Commissioner and others, 1997, 26 CLC (HCD)
.... under the Hat and Bazar (Establishment and Acquisition) Ordinance (Ordinance No. XIX of 1959) and VP proceeding mentioned in ‘Ga’ schedule to the plaint treating the suit plot No.755 as a vested property are void, inoperative and not binding on the plaintiff-petitioner and also for permanent ......44.......tested the suit by filing any written statement, he was not competent to file the appeal challenging the judgment and decree of the trial Court. Hence, the appellate Court below has committed gross illegality in entertaining and allowing the said appeal. The learned Advocate submits that since Ordin..Category: Property Law | Date: | Hits: 84
Government of Bangladesh and others Vs. Jahangir Alam & others, 2011, 40 CLC (AD)
....ed by respondent No.4 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. The Rule is made returnable within 4 (four) weeks from date." 9. Similar Rules were is......BLC (AD) (2012) 115; 32 BLD (AD) (2012) 145. ......m them. 7. As such, the aggrieved work-charged employees filed 4 (four) Writ Petitions, namely, WP No.4040 of 2007, WP No.7081 of 2007, WP No. 7963 of 2007 and WP No. 8880 of 2007, challenging the legality of the decision of the Scrutiny Committee in its meeting held on 19-2-2007. 8. In due ..Category: Employment/Service Law | Date: | Hits: 208
Md. Zahurul Islam Vs. Deputy Commissioner, Kushtia and others, 2012, 41 CLC (AD)
....er, has submitted that the High Court Division erred in law in passing the impugned judgment and decree inasmuch as it, being the last Court of fact, did not consider the case of the plaintiff in its proper perspective that the purchased the land described in schedule-'Ka' to the plaint and establis......hhab Miah J Nazmun Ara Sultana J Syed Mahmud Hossain J Md. Imman Ali J Md. Shamsul Huda J Md. Zahurul Islam……………............Petitioner Vs. Deputy Commissioner, Kushtia and others............Respondents Judgment January 29, 2012. Result: The leave petition......spect of the market, the taking over of the cattle market within the periphery of Ailchara Bazar by the Upazila Parishad in 1984 and leasing out the same in open auction could not be said to be illegal; in the plaint the plaintiff having claimed that he was entitled to recover the value of the l..Category: Property Law | Date: | Hits: 105
Mahmudul Huq Vs. Mst Golap Bia & others, 1988, 17 CLC (HCD)
....ourt was incomplete in the sense that learned Munsif did not give his finding on all issues framed by him as alleged and can the same be sustained? 2. Is there any substance in the allegation that proper issues can not be framed and therefore the learned Munsif could not come at a correct decisio......lant. No one - For the respondent. Appeal from Appellate Decree No.172 of 1976. Judgment AM Mahmudur Rahman J.- This second appeal at the instance of the plaintiff is against the judgment and decree of affirmance passed by the learned Additional District Judge, Second Court, Chittagong i......ive behind creating the benami transaction can not be accepted as a valid ground for creating the kabala, Ext. A in the name of defendant No.1 Mst. Golap Bia and the lower appellate Court rightly and legally on consideration of evidence negatived the plea of motive. Now let us consider whether the l..Category: Property Law | Date: | Hits: 86
Abul Basar Sowdagar Vs. Aminul Huq & others, 1989, 18 CLC (HCD)
....d under the kabala from Ataul Huq. This second appeal is against the said decree of the lower appellate Court. 5. Mr. Mokbul Ahmed submitted that the judgment of the lower appellate Court is not a proper judgment of reversal in that while reversing the finding of the trial Court as to whether Md........Appellant Vs. Aminul Huq & ors..........................Respondents Judgment January 25, 1989. Result: The Appeal is dismissed. Cases Referred to- Pathana Vs. Mst. Wasai and another, 17 DLR (SC) 47; Mussummat Durga Choudhrian Vs. Jawahir Singh Chowdhury, 17 Indian Appea......Huq was the son of Hakimunnessa. Belayet Hussain was son of Rahatunnessa and Rafique was son of Belayat Hussain and Ataul Huq was the son of Abdul Bari who was son of Md. Wali. Thus Ataul Huq was the legal heir of Sirajul Huq and by purchase from him the plaintiff became the owner of the disputed la..Category: Property Law | Date: | Hits: 103
State Vs. Mohammad Salim, 2010, 39 CLC (HCD)
....005 is accordingly disposed of. Let the lower Court's records along with a copy of this judgment be transmitted to the trial Court. Ed. This Case is also Reported in: 15 BLC (HCD) (2010) 99. ......n Vs. State, 61 DLR (AD) 150. Lawyers Involved: Md. Farhad Ahmed, Deputy Attorney General with Md. Nurul Islam Matubber, Assistant Attorney General, Anwara Shahjahan, Assistant Attorney General and Md. Masud Hasan Chowdhury, Assistant Attorney General - For the State Petitioner. Nitai Roy C......es as well as by the extra judicial confession and inculpatory confessional statement made by the condemned prisoner which was true and voluntary. The learned Judge of the trial Court on the basis of legal evidence rightly and legally passed the judgment and order convicting the condemned prisoner u..Category: Criminal Law | Date: | Hits: 118
One Bank Ltd. Vs. Government of Bangladesh and others, 2009, 38 CLC (HCD)
.... Sub-section (2) of section 31 of the Ordinance is quoted below: "Sub-section (2) of section 31. - A Stock Exchange may regulate the documentation, procedures and guarantees required to transfer property in securities and the effects thereof on the respective rights and liabilities of the parti...... Court Division (Special Original jurisdiction) Present: Syed Mahmud Hossain J Quamrul Islam Siddiqui J One Bank Ltd.......................Petitioner Vs. Government of Bangladesh and others.................Respondents Judgment May 28, 2009. Result: The Rule is discha...... as amended and Regulations 5(2)(IV) and 14 of the Listing Regulations of the Dhaka Stock Exchange Limited (in short, DSE) shall not be declared to have been enacted and made unlawfully and are of no legal effect (ii) why the transfer of 31,000 shares of the petitioner company held by respondent No...Category: Business or Commercial Law | Date: | Hits: 237
Gadu Mia & others Vs. State, 1991, 20 CLC (HCD)
....e sufficient reasons for non‑producing the said charge‑sheet witnesses in this case and in view of this, the question of drawing an adverse presumption against the prosecution in this case is not proper and should not arise. 25. Thus having regard to our above elaborate discussions on all asp......ferred to- Abbas Ali Shah Vs. Emperor, AIR 1933 Lah. 667; 24 DLR 18; 25 DLR 41; AIR 1952 (Sc) 54; AIR 1971 (SC) 1064 & 19 DLR 573; (9‑14) PLD 1970 (SC) 13 & PLD 1958 (SC)203; Tawaib Khan and another Vs. The State, PLD 1970 (SC); Khushal Rao Vs. State of Bombay; Bharvad Bhikha Valu and o......no infirmities in the evidence of a young boy, it is desirable to seek corroboration of his evidence in view of his tender age." 14. From the above decision it is abundantly clear that there is no legal bar in the admissibility of evidence of P.W.2 Akter Hossain who is aged about 11 years though ..Category: Criminal Law | Date: | Hits: 106
State Vs. Dr. Md. Nurul Islam, 2011, 40 CLC (HCD)
....hi Police Station, District Naogaon alleging that the Shymahar Dighi situated in plot No. 105 appertaining to C.S. Khatian No. 4 measuring 8.83 acres of land of mouza Shyamahar is their self acquired property which they have been possessing for a petty long time. On 03.06.1994 at about 10 hours in t......ent: Afzal Hossain Ahmed J Md. Emdadul Haque Azad J The State … .......................Petitioner Vs. Dr. Md. Nurul Islam…….Condemned prisoner (In Death Reference No. 104 of 2005 and Jail Appeal No. 791 of 2005) Dr. Md. Nurul Islam and others....convict - appellants. Vs. ......t the seized guns along with other concerned articles for ballistic examination and obtained the report. He stated that the accused persons on the alleged date of occurrence and at the alleged time illegally trespassed into the property in question (commonly known as Shyamahar Dighi) belonging to th..Category: Criminal Law | Date: | Hits: 104
Abdul Mannan Sikder Vs. Matilal Dhupi and others, 1998, 27 CLC (HCD)
.... months from the date of receipt of this order, without granting adjournments to the contending parties except on compelling reasons. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 403. ......998) 403. ......2. The opposite parties as plaintiffs instituted a suit in the 6th Court of Munsif, Barisal being Title Suit No.479 of 1994, for a declaration that the decree passed in Title Suit No.244 of 1973 is illegal, void and not binding upon them. Subsequently, the Suit was transferred to the 2nd Court of Mu..Category: Procedural Law | Date: | Hits: 87
Pranajit Barua Vs. State and another, 1998, 27 CLC (HCD)
....Court has power to examine the materials produced to satisfy itself as to whether the order is one within the meaning and scope of the same and if on such examination of the detention is illegal or improper then in an application under section 491 of the Code of Criminal Procedure sub-section (3) of......Supreme Court High Court Division (Criminal Miscellaneous Jurisdiction) Present: Kazi Ebadul Hoque J Md. Abdul Quddus J Pranajit Barua…………………Petitioner Vs. State and another……………………Respondents Judgment June 25, 1998. Result: The Rule ......ng upon the state to show cause as to why the detenue Suranjit Barua (Labu) shall not be produced before the Court and order of detention passed against him on, 4-5-1998 shall not be declared void, illegal, mala fide and without legal effect and why he should not be set at liberty and released from ..Category: Criminal Law | Date: | Hits: 72
71067104710371017098709770967095709470937086708570847083708270817079707870767074