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In the result, the Rule is discharged without any order as to costs.
The stay order granted by this Court earlier is vacated.
Ed.
This Case is also Reported in: 42 DLR (HCD) (1993) 33.
...... gaseous substances distributed by the Respondent No.1 by operation of Article 143 of the Constitution which provides as follows:-
"(1) There shall vest in the Republic, in addition to any other land or property lawfully vested—
(a) all minerals and other things of value underlying any lan......costs.
The stay order granted by this Court earlier is vacated.
Ed.
This Case is also Reported in: 42 DLR (HCD) (1993) 33.
......ner to conduct trade and business freely as guaranteed by Article 40 of the Constitution.
11. Mr. Nazmul Huda, the learned Advocate appearing on behalf of the Respondent No.1, raised a preliminary question as to the maintainability of the Writ petition arguing that it is not maintainable as the R..
Category: Others | Date: | Hits: 227
Abdul Khaleque & others Vs. Siddiqur Rahman & others, 1987, 16 CLC (HCD)
.... appellants who were defendant Nos. 22, 21, 20, 16 and 14 respectively for declaration of their title in the land in suit on the basis of lease, settlement and purchase in which they asserted their possession and they got their names mutated in respect of the said land. The suit was contested by t......nst the defendant No.1 Respondent No.12, defendant No.2, Respondent No.13 and the present appellants who were defendant Nos. 22, 21, 20, 16 and 14 respectively for declaration of their title in the land in suit on the basis of lease, settlement and purchase in which they asserted their possession ......ompany Ltd. Vs. Apear Collieries Ltd. and others, 1926 Cal 412, Haridas Sadhu Khan Vs. Iswar Ratneswar and others, 1933 Cal. 94; Ramnarayana Rao Vs. Ramkrishna Rao and another 1936 Mad. 358, Jarnail Singh Vs. Mst. NarainKaur and others, 1936 Lah. 766, Mst. Kalpa Vs. Sita Ram and another 1955 All 187......t was held that no appeal lay from the order recording compromise in pursuance of which a decree is passed. In the case of Sabilri Thakurain Vs. F.A. Savi and others, 1929 Pat 318, a somewhat similar question arose as to whether right of appeal against the order passed under Order 23, rule 3 of the ..Category: Property Law | Date: | Hits: 109
Abdus Salam Vs. Sirajul Islam, 1989, 18 CLC (HCD)
....peal find answer in the foregoing discussion. For these reasons, this Rule is made absolute. There will be no order as to costs. Ed. This Case is also Reported in: 42 DLR (HCD) (1993) 27. ......peal find answer in the foregoing discussion. For these reasons, this Rule is made absolute. There will be no order as to costs. Ed. This Case is also Reported in: 42 DLR (HCD) (1993) 27. ......nt April 17, 1989. Result: This Rule is made absolute. Case Referred to- Amelendu Majumder Vs. Selimuzzaman, 7 BLD 114. Lawyers Involved: Salimul Hoque Khan Milky with Shahabuddin Faiz, Advocates-For the Petitioner. Muhammad Faiz with Mustafa Kamal Pasha, Advocates-For the ......Advocates-For the Opposite Party. Civil Revision No.69 of 1989. Judgment AM Mahmudur Rahman J. - This Rule was issued under section 115(1) C.P.C. at the instance of the petitioner calling in question an order passed by the learned District Judge admitting Election Tribunal Appeal No.5 of 19..Category: Election Law | Date: | Hits: 194
Abdul Sattar & another Vs. Osimuddin & others, 1988, 17 CLC (HCD)
.... plot to O.P. No.1 without the knowledge of the petitioners and collusively executed and registered the kabala on 17.6.72. The opposite party No.1 is a stranger-purchaser. The case land was under the possession of one Abdul Gani, a cultivator under opposite party No.2, and since Abdul Gani was in po......o this present pre-emption case under section 96 of the State Acquisition and Tenancy Act. 3. The petitioner’s case in short is that opposite party No.2 was an SA recorded tenant of the case land in plot No.314 of Mauja Sadish. The plot No.312 was owned and possessed by the petitioners O.P.......as to costs. Ed. This Case is also Reported in: 42 DLR (HCD) (1993) 24. ...... A.K. Badrul Huq, Advocate-For the Petitioners. Hemayetuddin Ahmed, Advocate-For the Opposite Party. Civil Revision No.12 of 1986. Judgment Qazi Shafi Uddin J. - This Rule called in question the judgment and order dated 23.11.85 passed by Mr. Ali Ashrof Khan Lodhi, Subordinate Judg..Category: Property Law | Date: | Hits: 100
Muhammad Zulfikar Vs. Abul Kalam Chowdhury & others, 1989, 18 CLC (HCD)
....as to costs. The 1st Court of Additional District Judge shall proceed with the appeal expeditiously keeping in view the public interest. Ed. This Case is also Reported in: 42 DLR (HCD) (1993) 21.......as to costs. The 1st Court of Additional District Judge shall proceed with the appeal expeditiously keeping in view the public interest. Ed. This Case is also Reported in: 42 DLR (HCD) (1993) 21.......……….Petitioner Vs. Abul Kalam Chowdhury & others.......Opposite Parties Judgment February 14, 1989. Result: The Rule is discharged. Cases Referred to- A.K.M. Ruhul Amin Vs. District Judge and others, 38 DLR (AD) 172; Kuldip Singh Vs. The State of Punjab and another ...... Faiz, Advocates-For the Petitioner. Abdul Momen Chowdhury, Advocate-For the Opposite Party No. 1. Civil Revision No.16 of 1989. Judgment AM Mahmudur Rahman J. - In this Rule an important question of law mooted is: whether the District Judge, an appellate authority under section 29(4..Category: Election Law | Date: | Hits: 192
Rafiqul Islam & another Vs. Abul Kalam & others, 1988, 17 CLC (HCD)
....le is discharged without any order as to costs and the suit is restored to its file and number and the order impugned is affirmed. Ed. This Case is also Reported in: 42 DLR (HCD) (1993) 19. ......Case and of restoration of Other Suit No.20 of 1980. 2. The opposite parties Nos.1 to 3 filed Other Suit No.20 of 1980 against the petitioners and others for declaration of title to the disputed land and pond on various pleas. The petitioners contested the suit as defendant Nos.1 and 2 filing t......ers Involved: Nurul Islam Chowdhury, Advocate-For the Petitioners. No one-For the Opposite Parties. Civil Revision No. 81 of 1985. Judgment AM Mahmudur Rahman J. - The petitioners obtained this Rule against the order of the learned Munsif, Mirersarai Upazila, Chittagong setting aside......le is discharged without any order as to costs and the suit is restored to its file and number and the order impugned is affirmed. Ed. This Case is also Reported in: 42 DLR (HCD) (1993) 19. ..Category: Criminal Law | Date: | Hits: 85
Lal Mia Vs. State, 1989, 18 CLC (HCD)
....n filing the appeal and decide the matter on merits in the best way the court would deem fit and proper. Send down the records at once. Ed. This Case is also Reported in: 42 DLR (1990) 15. ......n filing the appeal and decide the matter on merits in the best way the court would deem fit and proper. Send down the records at once. Ed. This Case is also Reported in: 42 DLR (1990) 15. ......he best way the court would deem fit and proper. Send down the records at once. Ed. This Case is also Reported in: 42 DLR (1990) 15. ......as the specific case of the petitioner that he had no knowledge of the order of conviction and sentence and had known it only on 9.8.86 when he was arrested by the police at Durgapur. 9. The question whether an appeal is barred by limitation or not or whether he had been prevented by just a..Category: Procedural Law | Date: | Hits: 122
....ter by implication without any substance.
There is no merit in this application. Accordingly, this application is rejected in limine.
Ed.
This Case is also Reported in: 42 DLR (1990) 13.
......ter by implication without any substance.
There is no merit in this application. Accordingly, this application is rejected in limine.
Ed.
This Case is also Reported in: 42 DLR (1990) 13.
......Ed.
This Case is also Reported in: 42 DLR (1990) 13.
......r Court."
6. It appears that the Registrar himself was satisfied with the conditions laid down in section 7 and granted the certificates of registration under section 8 of the Ordinance. Now the question that falls for our consideration is whether by virtue of section 10(2) the plaintiff or any..
Category: Labour and Industrial Law | Date: | Hits: 178
Saidur Rahman Vs. State, 1992, 21 CLC (HCD)
....e record by that Court from this Court for the purpose of disposal of the case. Let the lower Court records be sent down at once. Ed. This Case is also Reported in: 49 DLR (HCD) (1997) 206. ......nd needs to be condoned. But while leaving, the Martial Law does not leave a trail and it is good as long as it lasts, but with its departure it no longer casts a shadow upon the ordinary laws of the land. Here in this case the proceedings was earlier pending before the Summary Martial Law Court and...... purpose of disposal of the case. Let the lower Court records be sent down at once. Ed. This Case is also Reported in: 49 DLR (HCD) (1997) 206. ......e record by that Court from this Court for the purpose of disposal of the case. Let the lower Court records be sent down at once. Ed. This Case is also Reported in: 49 DLR (HCD) (1997) 206. ..Category: Criminal Law | Date: | Hits: 98
Amalendu Majumder Vs. State, 1996, 25 CLC (HCD)
....rned Magistrate is directed to proceed with the case in accordance with law. Send a copy of this order to the lower Court at once. Ed. This Case is also Reported in: 49 DLR (HCD) (1997) 204. ......rned Magistrate is directed to proceed with the case in accordance with law. Send a copy of this order to the lower Court at once. Ed. This Case is also Reported in: 49 DLR (HCD) (1997) 204. ......e case in accordance with law. Send a copy of this order to the lower Court at once. Ed. This Case is also Reported in: 49 DLR (HCD) (1997) 204. ......nt Act, 1958. This means that for the purpose of investigation, the provisions of section 167 of the CrPC are applicable prescribing a time limit of 180 days for completing the investigation. Now the question is: What will be the consequence if the charge sheet could not be submitted by the investig..Category: Criminal Law | Date: | Hits: 97
Crescent Jute Mills Company Ltd. Vs. Chairman, Labour Court and another, 1996, 25 CLC (HCD)
....under the provisions of section 25 of the Act as found above. In the result, the Rule is discharged without any order as to Costs. Ed. This Case is also Reported in: 49 DLR (HCD) (1997) 201. ......under the provisions of section 25 of the Act as found above. In the result, the Rule is discharged without any order as to Costs. Ed. This Case is also Reported in: 49 DLR (HCD) (1997) 201. ...... above. In the result, the Rule is discharged without any order as to Costs. Ed. This Case is also Reported in: 49 DLR (HCD) (1997) 201. ...... Court to decide the complaint after giving notice and hearing to the parties. To give the decision Labour Court is required to go into the merit of the case by examining witnesses and documents. The question is whether Labour Court can dismiss a case for default for non‑appearance of the complain..Category: Labour and Industrial Law | Date: | Hits: 177
Gias Uddin Vs. Dhaka Municipal Corporation and others, 1996, 25 CLC (HCD)
....acts and circumstances of the case we find no merit in this Rule. In the result, the Rule is discharged without any order as to costs. Ed. This case is also Reported in: 49 DLR (HD) (1997) 199. ...... may be interpreted in the facts and circumstance of a case, to mean right to accommodation without which human life cannot be protected. But that does not mean do one who is a mere trespasser in the land or property of another person is entitled to continue in such unauthorized occupation as his ev...... this Rule. In the result, the Rule is discharged without any order as to costs. Ed. This case is also Reported in: 49 DLR (HD) (1997) 199. ......acts and circumstances of the case we find no merit in this Rule. In the result, the Rule is discharged without any order as to costs. Ed. This case is also Reported in: 49 DLR (HD) (1997) 199. ..Category: Constitutional Law | Date: | Hits: 369
Seraj Miah Vs. State, 1997, 26 CLC (HCD)
....assed by the trial Court are upheld. The appellant will undergo the sentence of imprisonment for life without having to pay any fine. Ed. This Case is also Reported in: 49 DLR (HCD) (1997) 192. ......fear of punishment, by hope or reward, and by desire of notoriety” The Court quoted this passage from “the outlines of Criminal Law”, page 386, by Dr. Kenny, Downing Professor of the Laws of England, Cambridge University. It was observed in the judgment that while considering the evidence of c......ant will undergo the sentence of imprisonment for life without having to pay any fine. Ed. This Case is also Reported in: 49 DLR (HCD) (1997) 192. ......t aside. 6. Mr. AQ Rashid Ahmed, learned Assistant Attorney-General appearing on behalf of the state, has submitted that under section 118 of the Evidence Act, all persons, who can understand the questions put to them and can give rational answer to those questions are competent to testify befor..Category: Procedural Law | Date: | Hits: 94
Jobaida Rashid Vs. State, 1997, 26 CLC (HCD)
....e FIR? That has not been explained in the long written FIR. Furthermore, it appears that the house was searched on 12‑10‑96 and the alleged recovery was made on the date but the parson in alleged possession was not arrested then and there. There was no explanation in the FIR to that effect. It a......tan Magistrate, Dhaka accused petitioner Mrs. Jobaida Rashid be enlarged on bail to the satisfaction of the Deputy Commissioner, Dhaka. Ed. This Case is also Reported in: 49 DLR (HCD) (1997) 189.......Jobaida Rashid be enlarged on bail to the satisfaction of the Deputy Commissioner, Dhaka. Ed. This Case is also Reported in: 49 DLR (HCD) (1997) 189.......eputy Attorney‑General as most of the witnesses are police officials who conducted the search. No outside witnesses is required to prove such a case of recovery of unauthorised fire‑arms. So, the question of influencing the witnesses or abscondence if the petitioner is enlarged on bail has got n..Category: Criminal Law | Date: | Hits: 89
State Vs. Moksed Ali and others, 2011, 40 CLC (HCD)
....dditional Sessions Judge, Manikganj immediately. Send down the Lower Court Records at once. Communicate this order forthwith. Ed. This Case is also Reported in: 63 DLR (HCD) (2011) 346. ......dditional Sessions Judge, Manikganj immediately. Send down the Lower Court Records at once. Communicate this order forthwith. Ed. This Case is also Reported in: 63 DLR (HCD) (2011) 346. ......y. Send down the Lower Court Records at once. Communicate this order forthwith. Ed. This Case is also Reported in: 63 DLR (HCD) (2011) 346. ......towards his culpability. While this Court is in agreement with Mr. Chakrabortty that a confessional statement can indeed be used to establish the guilt of any person other than the maker thereof, the question fundamentally, however, is of the degree to which and the manner in which such confession..Category: Criminal Law | Date: | Hits: 131
Shamima Sultana Seema and 9 others Vs. Government of Bangladesh and 3 others, 2004, 33 CLC (HCD)
....used to outlast the others and possibly from then on the women being comparatively physically weaker, became dependent on their stronger counterparts for their own survival and by and by became their possessions. But with the dawn of civilization the need for the protection of the weak became necess......ed. ................................to men is allotted what they earn And to women what they earn: ................................. (Translation by A Yusuf Ali, Published by Amana Corp. Maryland, USA) Besides, Prophet Mohammad (SM) in his farewell address given on the 8th Zul‑Hijja, ...... In the result, the Rule is made absolute but without any other as to costs. Ed. This Case is also Reported in: 57 DLR (HCD) (2005) 201. ......ration, who are elected in those reserved seats. 16. Contentions on behalf of the respondents: The learned Attorney‑General appeared on behalf of the respondent‑Government. Without raising the question of legality of section 4(3) of the Ordinance as amended, the learned Attorney‑General sub..Category: Constitutional Law | Date: | Hits: 443
Abdul Jalil Shah and another Vs. Rahima Khatun and others, 1998, 27 CLC (HCD)
....hs only and Azizuddin Shah’s wife took shelter in her sister’s residence at Khamargari with the baby and she was living there. Thereafter she was married and that the plaintiff claimed her ejmali possession and filed the suit. 3. The defendant-petitioners contested the suit by filing writt......10-2/7 pies share in the property measuring an area of 0.58 acre appertaining to CS Khatian No.250 of Mouza Nishindara under PS and District Bogra claiming themselves to be the co-sharers of the said land contending, inter alia; that the said land originally belonged to the predecessor of the plaint......h, Advocate — For the Opposite Parties. Civil Revision Case No. 466 of 1996. Judgment Mahfuzur Rahman J.- This Rule under section 115 of the Code of Civil Procedure is directed against an order passed by Subordinate Judge and Artha Rin Adalat, Bogra on 30-11-95 in Partition Suit ......ar in transposing the present petitioners in to the category of the plaintiffs in the instant partition suit as prayed for, on the facts and circumstances, for complete and proper adjudication of the questions in dispute in the suit and to avoid multiplicity of litigations between the parties. ..Category: Civil Law | Date: | Hits: 154
Moktar Ali Bepari Vs. State, 1997, 26 CLC (HCD)
.... to take steps for realisation of fine as imposed in Criminal Case No. 222(1)/85 of the Court of Magistrate, Tangail Sadar, Tangail. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 439. ...... to take steps for realisation of fine as imposed in Criminal Case No. 222(1)/85 of the Court of Magistrate, Tangail Sadar, Tangail. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 439. ......sed in Criminal Case No. 222(1)/85 of the Court of Magistrate, Tangail Sadar, Tangail. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 439. ...... the present petitioners was an appeal against the judgment and order of conviction and sentence passed by the trial Court against them. So, that was an appeal under section 408 of the Code. Now, the question is, whether an appellate Court is empowered to enhance sentence in an appeal preferred by a..Category: Criminal Law | Date: | Hits: 96
....II) requesting him to send a Non‑option Certificate from the Ministry of Home Affairs in respect of the petitioner for deciding the question as to whether the petitioner is entitled to get back the possession of his house, should not be declared to have been made without lawful authority. By the s......‑F) was also impugned. This was, however, later on modified by a Rule issued on 3.6.91.
2. The petitioner's case as stated in the petition is that the petitioner is the owner and possessor of land through inheritance along with other co‑sharers which appertains to plot Nos. 3066 and 3069 o......
The Rule is accordingly made absolute without any order as to costs.
Ed.
This Case is also Reported in: 44 DLR (HCD) (1992) 340.......ing the Assistant Secretary, Ministry of Home Affairs (Security‑II) requesting him to send a Non‑option Certificate from the Ministry of Home Affairs in respect of the petitioner for deciding the question as to whether the petitioner is entitled to get back the possession of his house, should no..
Category: Immigration and Citizenship Law | Date: | Hits: 178
Ali Akbar Khan (Md) Vs. Alimuddin, 1990, 19 CLC (HCD)
....trict Judge to dispose of the appeal on registration of the same. The Rule is made absolute. There will be no order as to cost. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 338. ......trict Judge to dispose of the appeal on registration of the same. The Rule is made absolute. There will be no order as to cost. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 338. ......e Court High Court Division (Civil Revisional Jurisdiction) Present: AM Mahmudur Rahman J Ali Akbar Khan (Md) ........................Petitioner. Vs. Alimuddin ....................Opposite Party. Judgment April 18, 1990. Result: The Rule is...... Joynal Abedin, Advocate ‑ For the Petitioner. MI Farooqui, Advocate ‑for the Opposite party. Civil Revision No. 44 of 1986 Judgment AM Mahmudur Rahman J.- In this Rule the question that falls for determination is whether an appeal lies to the District Judge from order of ..Category: Procedural Law | Date: | Hits: 102
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