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Abdul Samad Gazi Vs. Abdul Khalil Gazi and others, 2000, 29 CLC (HCD)
....q Gazi (DW 2) Jafar Gazi or Gazi Sheikh were at all present at the time of alleged transaction of loan allegedly taken by the defendant No.1 from the DW 7. Besides, this fact of presence of aforesaid persons were also not mentioned in the written statement filed by the defendant No.1 and he admitted...... Munsif is hereby affirmed. In the result, the Rule is made absolute but without any order as to cost. Send down the records forthwith. Ed. This Case is also Reported in: 53 DLR (2001) 262.......amy Pillai and others AIR 1971 Mad 8; Dau Alakhram Vs. Kulwanth Bai and another AIR 1950 Nag 238; Ali Mohamma Shaha Mohammed PLD 1987 Lab 607. Lawyers Involved: Faruque Ahmed with Gazi Md. Mohsin, Advocates—For the Petitioner. Shahabuddin Ahmad, Advocate—For the Opposite Parties. Ci...... Munsif is hereby affirmed. In the result, the Rule is made absolute but without any order as to cost. Send down the records forthwith. Ed. This Case is also Reported in: 53 DLR (2001) 262...Category: Civil Law | Date: | Hits: 94
Dinesh Chandra Deb Vs. Dulal Chandra Karmakar and others, 2001, 30 CLC (HCD)
.... as follows: “45. When the Court has to form an opinion upon a point of foreign law, or of science or art, or as to identity of handwriting or finger impressions, the opinions upon that point of persons specially skilled in such foreign law, science or art, or in questions as to identity of han...... vacated. Let a copy of the judgment be communicated to the learned Senior Assistant Judge concerned. Send down the LC record immediately. Ed. This Case is also Reported in: 53 DLR (2001) 259.......d down the LC record immediately. Ed. This Case is also Reported in: 53 DLR (2001) 259....... vacated. Let a copy of the judgment be communicated to the learned Senior Assistant Judge concerned. Send down the LC record immediately. Ed. This Case is also Reported in: 53 DLR (2001) 259...Category: Procedural Law | Date: | Hits: 85
Noorjahan Akhter Vs. A Motaleb & ors., 2000, 29 CLC (HCD)
....ection 4 means not only the house itself but also the land and appurtenance. These are ordinarily and reasonably necessary for its enjoyment. The word “family” is often used to indicate a body of persons formed by those who are merely connected by blood or affinity. The words “undivided family......f Title Suit No.3 of 1983 now pending in the Court of the Subordinate Judge, 2nd Court, Dhaka stands vacated. I make no order as to costs. Ed. This Case is also Reported in: 53 DLR (2001) 256.......ed. I make no order as to costs. Ed. This Case is also Reported in: 53 DLR (2001) 256.......f Title Suit No.3 of 1983 now pending in the Court of the Subordinate Judge, 2nd Court, Dhaka stands vacated. I make no order as to costs. Ed. This Case is also Reported in: 53 DLR (2001) 256...Category: Property Law | Date: | Hits: 113
Fazlur Rahman & 38 others Vs. Government of Bangladesh and others, 1999, 28 CLC (HCD)
....ntested the Rule denying the allegations and stating inter alia, that in order to cope with the ever increasing population of the area of the marriage registrar and to provide the unemployed educated persons, under the provision of existing law and rules, ward No.41 has been curtailed and appointed ......e Rules are discharged without any order as to costs. The order of stay granted by this court earlier the above Rules, are hereby vacated. Ed. This Case is also Reported in: 53 DLR (2001) 237.......The order of stay granted by this court earlier the above Rules, are hereby vacated. Ed. This Case is also Reported in: 53 DLR (2001) 237.......e Rules are discharged without any order as to costs. The order of stay granted by this court earlier the above Rules, are hereby vacated. Ed. This Case is also Reported in: 53 DLR (2001) 237...Category: Constitutional Law | Date: | Hits: 109
Mariam Begum Vs. State & another, 2000, 29 CLC (HCD)
....ant lodged a first information report with Haripur Police Station against present-accused-petitioner and alleging, inter alia, that his eldest son was severely and grievously assaulted by the accused-persons including accused-petitioner who died in Rangpur Medical College Hospital on 11-6-98 on bein......of Criminal Procedure by the learned Sessions Judge. In the result, the Rule is discharged. The stay granted earlier is hereby vacated. Ed. This Case is also Reported in: 53 DLR (2001) 226.......udge. In the result, the Rule is discharged. The stay granted earlier is hereby vacated. Ed. This Case is also Reported in: 53 DLR (2001) 226.......of Criminal Procedure by the learned Sessions Judge. In the result, the Rule is discharged. The stay granted earlier is hereby vacated. Ed. This Case is also Reported in: 53 DLR (2001) 226...Category: Criminal Law | Date: | Hits: 40
Labu Mia Vs. State, 2001, 30 CLC (HCD)
.... 2. The Records being called for have been received. 3. It appears that on 4-11-2000 one Md. Kechua Mamud lodged a First Information Report with Nilphamari police station against 8 (Eight) accused persons specifically mentioned therein stating, inter alia, that on 20-10-2000 at about 12 noon the ...... Court as to the action taken against the delinquent Police Officer by his superior authority. Send down the lower Court Records at once. Ed. This Case is also Reported in: 53 DLR (2001) 218. ......nt Police Officer by his superior authority. Send down the lower Court Records at once. Ed. This Case is also Reported in: 53 DLR (2001) 218. ...... Court as to the action taken against the delinquent Police Officer by his superior authority. Send down the lower Court Records at once. Ed. This Case is also Reported in: 53 DLR (2001) 218. ..Category: Criminal Law | Date: | Hits: 101
Bangladesh Water Development Board Vs. Contractor, Manu Barrage, 2000, 29 CLC (HCD)
....y on the ground that the plaintiff received Taka 1,48,00,000.00 in excess in collusion with the employees of the BWDB. In support of such action, no evidence was adduced by the defendant. None of the persons who held the inquiry was examined. In the absence of any evidence, the case of the defendant......ll realisation. The parties are directed to bear their own respective costs. Send down the record of the case without any further delay. Ed. This Case is also Reported in: 53 DLR (2001) 200. ......he Appellant. Md. Moksudur Rahman with Fazlul Haque, Advocates—For the Respondent. First Appeal No. 180 of 2000. Judgment Md. Abdur Rashid J.- This appeal presented by the defendants against the judgment and decree dated 21-11-1999 passed by the Subordinate Judge, 3rd Court, Dhaka in M......ll realisation. The parties are directed to bear their own respective costs. Send down the record of the case without any further delay. Ed. This Case is also Reported in: 53 DLR (2001) 200. ..Category: Civil Law | Date: | Hits: 132
Abdul Kader @ Kada and others Vs. State, 2010, 39 CLC (AD)
....blow in the palm of the right hand of the deceased and Mofizuddin as well as Abdur Rahman inflicted dagger blows on various places of the body of the deceased, that P.W.2 and 6 recognized the accused persons by the light of the hurricane-lantern which was on a table and saw the accused persons assau......nce to the witnesses to recognize them, (iii) the recognition of the accused persons by P.W.2 and P.W.6 in the light of the hurricane-lantern has not received corroboration from independent or disinterested witnesses. One hurricane-lantern has been seized in spite of mention of two hurricane......sions of the learned Counsel for the petitioners. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: VII ADC (2010) 531. ......e above, we find no substance in the submissions of the learned Counsel for the petitioners. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: VII ADC (2010) 531. ..Category: Criminal Law | Date: | Hits: 57
....eeds; they have filed the certified copies of the deeds. In paragraphs 5(Kha) and 5(Ga) of the plaint the plaintiffs made positive averments that they failed to trace out the whereabouts of these persons and thus they were fictitious persons. The defendants in their written statement simply clai......order passed by the High Court Division and thus do not find any substance in the leave petition.
The petition is accordingly dismissed.
Ed.
This Case is also Reported in: VII ADC (2010) 486.......tion is accordingly dismissed.
Ed.
This Case is also Reported in: VII ADC (2010) 486.......order passed by the High Court Division and thus do not find any substance in the leave petition.
The petition is accordingly dismissed.
Ed.
This Case is also Reported in: VII ADC (2010) 486...
Category: Property Law | Date: | Hits: 38
Prime Finance and Investment Limited Vs. Delwar H. Khan and others, 2009, 38 CLC (AD)
....e solution either for the company itself or on the question of paying off its creditors proportionately and as such, the winding up of the company which is being used as a shield by some delinquent persons to secure their pilferage has been unwarranted and in that view of the matter the impugned......he above, we find no substance 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) 459. ......ngly, the petition is dismissed. Ed. This Case is also Reported in: VII ADC (2010) 459. ......he above, we find no substance 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) 459. ..Category: Company Law | Date: | Hits: 197
Tafazzal Hossain Vs. Bangladesh, 2009, 38 CLC (AD)
....stitution as inserted by the 12th Amendment is quoted as below: - "59. Local Government.- (1) Local Government in every administrative unit of the Republic shall be entrusted to bodies composed of persons elected in accordance with law. (2) Everybody such as is referred to in clause (1) sha......reparation of paper book is dispensed with as prayed for. The order of stay granted earlier shall continue till disposal of the appeal. Ed. This Case is also Reported in: VII ADC (2010) 451. ......stay granted earlier shall continue till disposal of the appeal. Ed. This Case is also Reported in: VII ADC (2010) 451. ......reparation of paper book is dispensed with as prayed for. The order of stay granted earlier shall continue till disposal of the appeal. Ed. This Case is also Reported in: VII ADC (2010) 451. ..Category: Election Law | Date: | Hits: 92
Anti-Corruption Commission Vs. Dr. Muhiuddin Khan Alamgir and others, 2010, 39 CLC (AD)
....ority. A notice must allow a reasonable time to check-up the details of the assets of a person, if necessary, on examination of his records and after consultation with his lawyers and other concerned persons. Section 26 certainly does not envisage a notice upon a person who is in detention and he is......dy been acquitted on merit of the case as is in this case. With these observations, this petition is dismissed. Ed. This Case is also Reported in: 62 DLR (AD) (2010) 290, VIII ADC (2011) 78. ......n this case. With these observations, this petition is dismissed. Ed. This Case is also Reported in: 62 DLR (AD) (2010) 290, VIII ADC (2011) 78. ......dy been acquitted on merit of the case as is in this case. With these observations, this petition is dismissed. Ed. This Case is also Reported in: 62 DLR (AD) (2010) 290, VIII ADC (2011) 78. ..Category: Anti-Corruption Laws | Date: | Hits: 231
Anti Corruption Commission Vs. Shah Alam Chowdhury and others, 2007, 36 CLC (AD)
.... including the said 20 lac amongst them and never returned or deposited the same amount of Tk.50 lace to the Council. The audit authority recommended for taking appropriate action against the accused persons but no action was taken by the Council to cover up their own illegal act. 3. The writ pet......ith as prayed for. Order of the High Court Division dated 11th November, 2007 passed in Writ Petition No.9613 of 2007 is stayed till hearing of the appeal. Ed. This Case is also Reported in: ...... 2007 passed in Writ Petition No.9613 of 2007 is stayed till hearing of the appeal. Ed. This Case is also Reported in: ......ith as prayed for. Order of the High Court Division dated 11th November, 2007 passed in Writ Petition No.9613 of 2007 is stayed till hearing of the appeal. Ed. This Case is also Reported in: ..Category: Anti-Corruption Laws | Date: | Hits: 159
Dr. Mohiuddin Farooque Vs. Bangladesh and others, 2001, 30 CLC (HCD)
....enabling them to take necessary steps in this regard immediately. A copy also be forwarded to the Chairman, BELA. Md. Joynul Abedin J.- I agree. This Case is also Reported in: 55 DLR (2003) 69. ......teps, the Supreme Court of India on the application of Mr. M. C. Mehta (AIR 1988 SC 1115) held as follows: “The petitioner in the case before us is no doubt not a riparian owner. He is a person interested in protecting the lives of the people who make use of the water flowing in the river Gang......Chairman, BELA. Md. Joynul Abedin J.- I agree. This Case is also Reported in: 55 DLR (2003) 69. ......enabling them to take necessary steps in this regard immediately. A copy also be forwarded to the Chairman, BELA. Md. Joynul Abedin J.- I agree. This Case is also Reported in: 55 DLR (2003) 69. ..Category: Environmental Law | Date: | Hits: 345
Abul Hossain Vs. State, 2008, 37 CLC (AD)
....pellant and recorded the statement of the witnesses under section 161 of the Code of Criminal procedure. Thereafter, having completed the investigation, he submitted the Charge sheet against 2(two) persons including the accused-appellant being charge sheet No.419, dated 13-11-2001 under sections...... justified in holding that none other than the petitioner killed her. We find no merit in this petition which is accordingly dismissed. Ed. This Case is also Reported in: 7 LG (AD) (2010) 134.......etitioner killed her. We find no merit in this petition which is accordingly dismissed. Ed. This Case is also Reported in: 7 LG (AD) (2010) 134....... justified in holding that none other than the petitioner killed her. We find no merit in this petition which is accordingly dismissed. Ed. This Case is also Reported in: 7 LG (AD) (2010) 134...Category: Criminal Law | Date: | Hits: 45
Dr SKM Joynal Abedin Vs. Bangladesh, 2010, 39 CLC (AD)
....-1-1995 the Government recorded the name of the plaintiff for rest of the land in place of Md. Sikendar Ali. 12. The Government allotted the aforesaid identified compact land to the aforesaid four persons, namely Md. Shahidul Haq Siddiqui, Md. Khabiruddin, Md. Sikendar Ali and Md. Mostafa Kamal u......n to get the order of injunction and rightly rejected the same. We find no substance in this petition which is accordingly dismissed. Ed. This Case is also Reported in: 15 BLC (AD) (2010) 143.......ion which is accordingly dismissed. Ed. This Case is also Reported in: 15 BLC (AD) (2010) 143.......n to get the order of injunction and rightly rejected the same. We find no substance in this petition which is accordingly dismissed. Ed. This Case is also Reported in: 15 BLC (AD) (2010) 143...Category: Property Law | Date: | Hits: 44
Md. Mozaffer Rahman and other Vs. Government of Bangladesh and another, 2010, 39 CLC (AD)
....ntiff in the aforesaid registered pattan, executed and registered on 23.04.1945 by the original owner; that non-consideration of the aforesaid fact more particularly when oral evidence of a competent persons serves as secondary evidence under Section 63(4) of the Evidence Act the certified copy of t......the above, we find no substance in the submissions of the learned Counsel for the petitioners. Accordingly, the petition is dismissed. This Case is also Reported in: 15 MLR (AD) (2010) 170. ......is dismissed. This Case is also Reported in: 15 MLR (AD) (2010) 170. ......the above, we find no substance in the submissions of the learned Counsel for the petitioners. Accordingly, the petition is dismissed. This Case is also Reported in: 15 MLR (AD) (2010) 170. ..Category: Property Law | Date: | Hits: 28
....er submits that in the case of Dr Mohiuddin Farooque Vs. Bangladesh and others the Appellate Division extended the scope of public interest litigation by further liberally interpreting the concept of persons aggrieved.
10. The learned Advocate referring to Articles 48(3) and 95(1) of the Cons...... and day out during the tenure of their office.
In view of our aforesaid discussions, the application is summarily rejected.
Ed.
This Case is also Reported in: 55 DLR (2003) 332.
...... of our aforesaid discussions, the application is summarily rejected.
Ed.
This Case is also Reported in: 55 DLR (2003) 332.
...... and day out during the tenure of their office.
In view of our aforesaid discussions, the application is summarily rejected.
Ed.
This Case is also Reported in: 55 DLR (2003) 332.
..
Category: Constitutional Law | Date: | Hits: 126
Abul Khair Morselin (Md) Vs. Bangladesh and others, 2000, 29 CLC (HCD)
.... (b)……………………………. (c)……………………………. (d) watch and supervise or cause to be watched and supervised, any election held by or for the purpose of electing persons to the Executive Committee or other body including a regional, circle or zonal body of any s......he Vacation Bench on 10-10-2000 is hereby vacated and the remaining part of the election of the FBCCI shall be held in accordance with law. Ed. This Case is also Reported in: 53 DLR (2001) 179. ......he remaining part of the election of the FBCCI shall be held in accordance with law. Ed. This Case is also Reported in: 53 DLR (2001) 179. ......he Vacation Bench on 10-10-2000 is hereby vacated and the remaining part of the election of the FBCCI shall be held in accordance with law. Ed. This Case is also Reported in: 53 DLR (2001) 179. ..Category: Business or Commercial Law | Date: | Hits: 204
Korban Ali Khan (Md) and Others Vs. Asalat Khan and others, 2000, 29 CLC (HCD)
....t the transfer made to a co-sharer by inheritance may not be pre-emptible by another co-sharer by inheritance but the transfer made to the strangers is very much pre-emptible and when by one kabala 5 persons being the pre-emptees made the purchase and pre-emptee No. 5 is only a co sharer by inherita......in Miscellaneous Case No. 11 of 1988 passed by this Court at the time of issuance of the Rule stands vacated. Send down the LCR at once. Ed. This Case is also Reported in: 53 DLR (2001) 176. ...... Cases Referred To- Muslim Halder (Md) Vs. Hajrat Ali Halder and others 48 DLR 175; Abdul Khaleque Vs. Abdur Noor and others 49 DLR 74 & Mantu Faraji alias Jamal Faraji and others Vs. Mahiuddin Khan 50 DLR 147;Tamizunnessa Vs. Umar Ali 18 DLR 572. Lawyers Involved: Md. Serajul Islam ......in Miscellaneous Case No. 11 of 1988 passed by this Court at the time of issuance of the Rule stands vacated. Send down the LCR at once. Ed. This Case is also Reported in: 53 DLR (2001) 176. ..Category: Property Law | Date: | Hits: 31
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