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AFM Hamidul Hoque Vs. Director, National Savings Directorate and others, 2002, 31 CLC (HCD)
....ginal Jurisdiction) Present: SAN Mominur Rahman J Md. Arayesuddin J AFM Hamidul Hoque...…………………………………………………………..Petitioner Vs. Director, National Savings Directorate and others……………….Respondents Judgment July 28, 2002. ......) Rules, 1985 should not be declared to have been made without lawful authority and of no legal effect. 2. Facts necessary to dispose of this Rule, in brief, is that the petitioner at the relevant time was serving in the District Nilphamari as Sanchaya Officer and a criminal case was started agai......he appeal. Under the above circumstances, we find merit in this Rule. In the result the Rule is discharged without any order as to costs. Ed. This Case is also Reported in: 55 DLR (2003) 455.......he appeal. Under the above circumstances, we find merit in this Rule. In the result the Rule is discharged without any order as to costs. Ed. This Case is also Reported in: 55 DLR (2003) 455...Category: Employment/Service Law | Date: | Hits: 147
Sadia Chowdhury Parag Vs. Chairman, Film Censor Board & others, 2003, 32 CLC (HCD)
.... Vs. Chairman, Film Censor Board & others.................Respondents Judgment January 27, 2003. Result: The Rule is discharged. Lawyers Involved: Shorful Islam Khan, Advocate—For the Petitioner. Sigma Huda, Advocate—For Respondent No.3. Writ Petition No.7677 of......nguage is contained in prayer ”A" referred to above. 4. Mr. Khan argued his case very strenuously and tried to impress upon the Court that Dewan Hason Raja, the biggest Zaminder of Sylhet at the time, was a mystic poet and a saint. But the film belittled him by depicting him (the great grandfat......r as to cost. The Producer and Director of the film "Hason Raja'' is at liberty to release/screen the film without any hindrance from anyone. Ed. This Case is also Reported in: 55 DLR (2003) 445.......that she was married to Hason Raja naturally developed a sense of possession and laid a claim upon Hason Raja and on being asked by Hason, immediately after he got himself released from the embracing arms of Binodini as to what she expects from him saying, “তুমি কি চাও?” The pr..Category: Civil Law | Date: | Hits: 210
Moti Miah Vs. Ful Miah and others, 2008, 37 CLC (HCD)
....ner Vs. Ful Miah and others………………….Opposite Parties Judgment January 3, 2008. Result: The Rule is made absolute. Lawyers Involved: MA Kashem Bhuiyan, Advocate - For the Petitioner. None Appears - For the Opposite Parties. Civil Revision No. 5405 of ......ereafter by amicable partition, Fazar Ali got the suit land who died leaving behind two sons and one daughter and thereafter by amicable partition the suit land went to plaintiff Moti Miah and at the time of recent survey operation, plaintiff, being in physical possession, got the property recorded ......in Title Suit No.16 of 2003 should not beset aside and or such other or further order or orderspassed as to this Court may seem fit and proper. 2. The petitioner as plaintiff instituted a suit for recovery of possession under section 9 of the Specific Relief Act in the Court of Senior Assistant J......Send down the lower Court records along with a copy of the Judgment and order to the Court concerned. Ed. This Case is also Reported in: 62 DLR (HCD) (2010) 447; 13 MLR (HCD) (2008) 279. ..Category: Property Law | Date: | Hits: 121
Syeda Sajeda Chowdhury Vs. State, 2010, 39 CLC (HCD)
.... Court Division (Criminal Miscellaneous Jurisdiction) Present: Md. Shamsul Huda J Abu Bakar Siddiquee J Syeda Sajeda Chowdhury……………………..Accused-Petitioner Vs. State……………………Opposite Parties Judgment March 24, 2010. Result: The rule is......n be decided by the trial Court in course of trial on examining the witnesses. But in this case no charge had yet been framed. The petitioner had an alternative remedy to agitate her grievance at the time of framing charge under section 241A of the Code of Criminal Procedure. But without waiting for......002 now pending in the Court of Divisional Special Judge, Dhaka is quashed in respect of the petitioner only. Ed. This Case is also Reported in:62 DLR (HCD) (2010) 441; 18 BLT (HCD) (2010) 249. ......002 now pending in the Court of Divisional Special Judge, Dhaka is quashed in respect of the petitioner only. Ed. This Case is also Reported in:62 DLR (HCD) (2010) 441; 18 BLT (HCD) (2010) 249. ..Category: Criminal Law | Date: | Hits: 137
Nrependra Nath Saha and anothers Vs. Haripada Saha & another, 2009, 38 CLC (HCD)
.... Ed. This Case is also Reported in: 62 DLR (HCD) (2010) 438. ......in the estate of her deceased husband. She can transfer such property only on the valid legal necessity, a transfer made by the widow without legal necessity is valid and binding only during the life time of the widow as provided under section 205 and after her death that the transfer will be in val......e is made absolute. The Judgments and decrees of the Courts below are hereby set aside. Send down the lower Court records at once. Ed. This Case is also Reported in: 62 DLR (HCD) (2010) 438. ......e is made absolute. The Judgments and decrees of the Courts below are hereby set aside. Send down the lower Court records at once. Ed. This Case is also Reported in: 62 DLR (HCD) (2010) 438. ..Category: Property Law | Date: | Hits: 83
Wahed Asgar Chowdhury Vs. Judge 2nd Artha Rin Adalat & others, 2010, 39 CLC (HCD)
....t Division (Special Original Jurisdiction) Present: Nazmun Ara Sultana J Sheikh Hassan Arif J Wahed Asgar Chowdhury……………………Petitioner Vs. Judge 2nd Artha Rin Adalat & others………………………Respondents Judgment August 24, 2010. Result: ......of the date fixed in the preliminary decree for payment of the decreetal amount. In this case, in the preliminary decree in question (which has been reproduced verbatim in the writ petition) 45 day's time was given for payment of the decreetal of decreetal amount and, as such, the application for dr......of Article 181 of the Limitation Act. 11. We like to refer here a decision reported in AIR 1984 at page 209 cited by the learned Advocate for the writ petitioner. In that case a suit was filed for recovery of certain sum on the basis of mortgage of land. A preliminary decree was passed for sale o......n Case No.215 of 2004 now pending in the Artha Rin Adalat No.1, Chittagong be declared to be unlawful and not maintainable at all. Ed. This Case is also Reported in: 63 DLR (HCD) (2011) 331. ..Category: Civil Law | Date: | Hits: 134
Abu Bakkar Siddique (Md.) and others Vs. Md. Abdur Rab Khandaker & others, 2010, 39 CLC (HCD)
....50 DLR (AD) 13; Ouseph Varghese Vs. Joseph Aley, (1969) 2 SCWR 347; Santosh Kumar Chakrabarty Vs. MA Motaleb Hossain, 36 DLR (AD) 248; 5 MLR (AD) 171 = 5 BLC (AD) 97. Lawyers Involved: Nahid Mahatab, Advocate - For the Petitioner. No one appears - For the Opposite Party. Civil Revision N......; that the plaintiffs paid Taka 10,000 on 26-6-1990 and the rest 20,000 on 1-2-1992 and defendant No.1 agreed to execute registerd deed in favour of them; that the plaintiffs requested defendant No.1 time and again to execute a registered sale deed by in vain subsequently defendant No.1 informed t......ior Assistant Judge, in Other Suit No.48 of 1993 is hereby set aside. The suit is stand dismissed. Send down the LC record at once. Ed. This Case is also Reported in: 63 DLR (HD) (2011) 326. ......ior Assistant Judge, in Other Suit No.48 of 1993 is hereby set aside. The suit is stand dismissed. Send down the LC record at once. Ed. This Case is also Reported in: 63 DLR (HD) (2011) 326. ..Category: Property Law | Date: | Hits: 90
Kartic Das Gupta Vs. Election Commission and others, 2011, 40 CLC (HCD)
.... directions both the Rules are disposed of. The order of status quo granted earlier on 6-2-2011 is hereby vacated. Ed. This Case is also Reported in: 63 DLR (HCD) (2011) 313. ......o challenged the non-inclusion of the name of about 1000 other Bangladeshis including the petitioner in the electoral roll to be declared as without lawful authority and of legal effect. 4. At the time of issuance of the Rule Nisi in Writ Petition No.9748 of 2010 operation of the impugned notific......observations and directions both the Rules are disposed of. The order of status quo granted earlier on 6-2-2011 is hereby vacated. Ed. This Case is also Reported in: 63 DLR (HCD) (2011) 313. ......observations and directions both the Rules are disposed of. The order of status quo granted earlier on 6-2-2011 is hereby vacated. Ed. This Case is also Reported in: 63 DLR (HCD) (2011) 313. ..Category: Election Law | Date: | Hits: 217
Abul Khair & another Vs. State, 2002, 31 CLC (HCD)
....wari be set at liberty, if not required in any other case. Record be sent down. Ed. This Case is also Reported in: 55 DLR (2003) 437. ......tate defence lawyer for preparation of defence. Trial Court proceeded with the trial of the case and witnesses were examined. It was accordingly contended that the defence was not afforded sufficient time for preparation of its case. Defence was seriously prejudiced. High Court Division held and obs......he offence thereunder. Accused-appellant Imam Hossain Patwari be set at liberty, if not required in any other case. Record be sent down. Ed. This Case is also Reported in: 55 DLR (2003) 437. ......he offence thereunder. Accused-appellant Imam Hossain Patwari be set at liberty, if not required in any other case. Record be sent down. Ed. This Case is also Reported in: 55 DLR (2003) 437. ..Category: Criminal Law | Date: | Hits: 97
Hasina Khatoon and another Vs. Md. Samsur Rahman and others, 1997, 26 CLC (HCD)
....pt of this order. Ed. This Case is also Reported in: 49 DLR (HD) (1997) 187. ......site party Nos.6‑8 by a registered Kabala dated 7‑10‑1984. It has been asserted that no notice of the impugned sale was served upon the petitioners and they came to learn about it for the first time on 2-1‑1987 and hence the case on making the statutory deposit. 3. Opposite party Nos.1‑......us (Pre‑emption) Case No.11 of 1987 as expeditiously as possible, preferably within 3 months, from the date of receipt of this order. Ed. This Case is also Reported in: 49 DLR (HD) (1997) 187. ......us (Pre‑emption) Case No.11 of 1987 as expeditiously as possible, preferably within 3 months, from the date of receipt of this order. Ed. This Case is also Reported in: 49 DLR (HD) (1997) 187. ..Category: Property Law | Date: | Hits: 94
Shamsul Huq Chowdhury Vs. Justice Md. Abdur Rouf & others, 1995, 24 CLC (HCD)
....R 125; Halsbury's Laws of Engladcsh (3rd Edition Vol-III page 187 para 402 and para 408 page 191; Abrar Hossain Vs. Govt. of Pakistan and another, PLD 1976 (SC) 315; Union of India Vs. Sankalchand Nimatal Shoth and another, AIR 1977 (SC) 2328; SP Gupta and others Vs. President of India and others, A......on was no longer part of the Supreme Court under Article 94 of the Constitution. 10. The learned Counsel submitted that the Constitution never contemplates holding of two constitutional posts at a time or to come back to the office of a Judge having a lien as he once held the post of Chief Electi......ntial question of law as to the interpretation of the Constitution. The prayer is allowed and certificate prayed for is hereby granted. Ed. This Case is also Reported in: 49 DLR (HD) (1997) 176.......ntial question of law as to the interpretation of the Constitution. The prayer is allowed and certificate prayed for is hereby granted. Ed. This Case is also Reported in: 49 DLR (HD) (1997) 176...Category: Constitutional Law | Date: | Hits: 353
Shahidullah and others Vs. Lutfur Karim and others, 1997, 26 CLC (HCD)
....…………Opposite Parties Judgment August 19, 1997. Result: The Rule is made absolute. Cases Referred To- 39 DLR (AD) 223 (Civil Appeal No.113 of 1983); 33 Indian Appeal cases at page 60; AIR 1984; Ghulam Muhammad Vs. Sher Dil, PLD 1967 Azad J & K 26; Kamod Singh Vs. Khem...... judges 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 que......e Court is thus set aside and those of the trial Court are restored. There will be no order as to cost. Send down the record at once. Ed. This Case is also Reported in: 50 DLR (1998) 328. ......e Court is thus set aside and those of the trial Court are restored. There will be no order as to cost. Send down the record at once. Ed. This Case is also Reported in: 50 DLR (1998) 328. ..Category: Procedural Law | Date: | Hits: 103
....No.59 of 1990 is hereby affirmed.
Send down the lower Court records at once.
Ed.
This Case is also Reported in: 50 DLR (HCD) (1998) 311.
......s served upon the petitioner-respondent. It is also the case of the petitioner-respondent that he was minor when those kabalas were executed and registered and that he was ignorant about these at the time of transfers. It is also the case of the petitioner-respondent that his father died on 9-9-74 a......ned Subordinate Judge, Chandpur in Miscellaneous Case No.59 of 1990 is hereby affirmed.
Send down the lower Court records at once.
Ed.
This Case is also Reported in: 50 DLR (HCD) (1998) 311.
......ned Subordinate Judge, Chandpur in Miscellaneous Case No.59 of 1990 is hereby affirmed.
Send down the lower Court records at once.
Ed.
This Case is also Reported in: 50 DLR (HCD) (1998) 311.
..
Category: Property Law | Date: | Hits: 113
Samir Ali (Md.) and others Vs. Md. Atiar Rahman Dafadar and others, 1996, 25 CLC (HCD)
.......................Opposite Parties Judgment October 28, 1996. Result: The Rule is discharged. Lawyers Involved: Hasan Foez Siddique with AKM Moniruzzaman and Md. Ruhul Quddus, Advocates– For the Petitioners. MA Rahim, Advocate-For the Opposite Parties. Civil Revision No.78......nciples of Mohammadan Law" narrated the Principles of Mohammadan Law on the point of revocation of gifts which reads as follows: Revocation of gifts.- (1) A gift may be revoked by the donor at any time before delivery of possession. The reason is that before delivery there is no completed gift at......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. ......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
.... to cost.
Ed.
This case is also Reported in: 49 DLR (HD) (1997) 126.
......romulgated in pursuance of any Act or Ordinance or any other law. He submits that these are compilations of administrative orders, instructions and guide‑lines made and given by the Government from time to time for appointment of Government Pleader and Public Prosecutor of the district in order to......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.
......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.
..
Category: Others | Date: | Hits: 212
Shahriar Rashid Khan and another Vs. Bangladesh, 1997, 26 CLC (HCD)
....is granted. Ed. This Case is also Reported in: 49 DLR (HD) (1997) 133. ......tc. were passed by the authority for running the administration. Not only that, several provisions of the Constitution of Bangladesh were amended or repealed by Martial Law Proclamations at different times and ultimately, the Parliament passed the Constitution (5th Amendment) Act on 6th April, 1979 ......the interpretation of several provisions of the Constitution are involved in the instant cases, the certificate prayed for is granted. Ed. This Case is also Reported in: 49 DLR (HD) (1997) 133. ......the interpretation of several provisions of the Constitution are involved in the instant cases, the certificate prayed for is granted. Ed. This Case is also Reported in: 49 DLR (HD) (1997) 133. ..Category: Criminal Law | Date: | Hits: 202
Habibur Rahman Mondal (Md.) and others Vs. State and another, 2010, 39 CLC (HCD)
.... (Criminal Miscellaneous Jurisdiction) Present: Khandaker Musa Khaled J Quazi Reza-ul-Hoque J Habibur Rahman Mondal (Md.) and others..........................Petitioners Vs. State and another……………………….Opposite-Parties Judgment May 24, 2010. Result: ......gment of first information report. Subsequent expression in the next line of the section 32 (1) of the Durnity Daman Commission Ain, 2004 has made it clear that such sanction is only necessary at the time of filing case to the Court and not to the Police Station. The words “মামলা দা......rk and submit police report as early as possible. Let a copy of the judgment and order be transmitted to the Court below without delay Ed. This Case is also Reported in: 63 DLR (2011) 23. ......rk and submit police report as early as possible. Let a copy of the judgment and order be transmitted to the Court below without delay Ed. This Case is also Reported in: 63 DLR (2011) 23. ..Category: Criminal Law | Date: | Hits: 101
Shahajada Talukder Vs. Election Commissioner and others, 2003, 32 CLC (HCD)
....of Housing and Local Government [1965] 2 All ER 193; Shear Vs. Shield, 1914 (AC); Imtiaz Ahmed Vs. Ghulam Ali, 15 DLR (SC) 283; Dr. Nurul Islam Vs. Bangladesh; 1981 BLD (AD) 140=33 DLR (AD) 201; Pratab Singh Vs. Shri Krishna Gupta and others, AIR 1956 (SC) 141; Shri Bari Ram Vs. Smt. Prasani and...... as well as the proposer are wrong and/or signature of the proposer is not genuine. 10. From the contents of the provisions of Rule 15 of Rules 1983 as quoted above the Returning Officer at the time of scrutiny under Rule 15 of the Rules 1983, has not given any power to reject the nomination ...... cancelled and the Returning Officer is directed to hold fresh election upon accepting the nomination paper already filed by the petitioner. Ed. This Case is also Reported in: 55 DLR (2003) 420....... cancelled and the Returning Officer is directed to hold fresh election upon accepting the nomination paper already filed by the petitioner. Ed. This Case is also Reported in: 55 DLR (2003) 420...Category: Election Law | Date: | Hits: 211
....ction.
Ed.
This Case is also Reported in: 55 DLR (2003) 417.......n in Civil Revision Case No.1428 of 1991 between the contending parties passed an order for analogous hearing of the above mentioned two suits. The said order is in force till now.
5. In course of time, the petitioner filed an application before the learned Artha Rin Adalat and Subordinate Judge,......1989, renumbered as Money Suit No.31 of 1990, before the Subordinate Judge and 2nd Court of Artha Rin Adalat Chittagong against the present petitioner and Pubali Bank Limited praying for a decree for recovery of Taka 6,36,00,583,86 from the defendant-petitioner along with other reliefs. This suit wa......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)
....………………………………….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 Bajera and others, AIR 1974 SC......of Taka 500. He himself purchased the stamp papers of those kabala deeds and paid considerations. The defendant did not pay any consideration and registration cost for those four kabala deeds. At the time of purchase of those lands, the defendant was unemployed. He was a simple name lender of the pl......ssion of the same but his such claim had not been proved. As the defendant has also been possessing the suit land so the instant suit for simple declaration is not maintainable without the prayer for recovery of khas possession. One of the important criteria of a benami transaction, that is possessi......The order of stay granted earlier by this court at the time of issuance of the Rule is hereby vacated. Send down the LC Records at once. Ed. This Case is also Reported in: 55 DLR (2003) 412. ..Category: Property Law | Date: | Hits: 103
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