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A.F. Shahab Uddin Ahmed Vs. National Shooting Federation and others, 2010, 39 CLC (HCD)

....g the reign of Henry II, in the 12th century. By these Writs the Monarch, through the Star Chamber and the Court of King’s Bench, kept the inferior bodies within their power. 37. In the earliest times, the Royal Writs were sealed governmental documents, drafted in a crisp, businesslike manner, ......h such a glory. The respondents are restrained from leasing the subject property to anybody under any circumstance. Sheikh Md. Zakir Hossain J. - I agree. Ed. This Case is also Reported in:..

Category: Property Law | Date: | Hits: 159

Alhaj Advocate Ahmed Ullah Foundation Vs. Dhaka City Corporation, Represented by the Mayor, Nagor Bhaban, Dhaka and others, 2011, 40 CLC (HCD)

....itioner took all steps for erecting a monument in the memory of some dedicated souls of 14th February, 1983 and 1962. 7. During the three preceding years, the respondents rendered some advice from time to time to the petitioner through their correspondences dated 30. 10. 05/21. 03. 07/16. 08. 07 ......nt and the garden the petitioner has erected and set up, and to allow the petitioner to maintain the same, unhindered. Gobinda Chandra Tagore J. - I agree. Ed. This case is also Reported in: ..

Category: Civil Law | Date: | Hits: 218

Mohibul Alam Vs. State, 2012, 41 CLC (HCD)

....e on the seizure list and proved the same, though in cross-examination stated that he did not see to recover the articles. P.W. 4 Selim, another seizure list witness stated that he was present at the time of recovery and saw the raiding party to recover sixteen tiny packets from the chest pocket of ......ions Judge, Court No. 3, Kushtia in Session Case No.86 of 2007 is maintained. Send down the lower Court’s records. Mohammad Marzi-ul-Huq J. - I agree. Ed. This Case is also Reported in: ..

Category: Criminal Law | Date: | Hits: 81

Md. Tarique Aziz Vs. State, 2012, 41 CLC (AD)

....ing else showing complicity of the appellant in keeping the explosive. 9. P.Ws. 8-9 Md. Abdur Razzaque and Rezanul Huq respectively two local seizure list witnesses stated that on 9.12.2006 at the time of Magrib prayer, some books and cassettes were recovered from the house of the appellant. P.W....... against him and be set at liberty forthwith, if not wanted in any other case. Send down the lower Court's record. Mohammad Marzi-ul-Huq J. - I agree. Ed. This Case is also Reported in: ..

Category: Criminal Law | Date: | Hits: 119

Manzur Ahmed Vs. Rajdhani Unnayan Kartipakkha (RAJUK) & others, 2010, 39 CLC (HCD)

....d the suit by judgment and Decree dated 15-12-2005 and, consequently, directed the Govern­ment to execute and register a sale deed in favour of the petitioner within 60 days as it transpired, at the time of appeal-hearing, that the said property had in the meantime vested in the Republic in view of...... Court Division in First Appeal No.585 of 2001 within 30 days from receipt of the copy of this judg­ment. Communicate this order. Ed. This Case is also Reported in: 63 DLR (HCD) (2011) 198. ..

Category: Property Law | Date: | Hits: 127

Kazi Asmat Ullah Vs. Belayet Ali Sheikh and others, 2009, 38 CLC (HCD)

....that suit, the defendant No.11 got the present suit insti­tuted by the present plaintiff. The alleged patta dated 3-3-1956 as executed by Kartik Chandra Biswas is void as Kartik had no title at that time plaintiff had or has no cause of auction for the suit which is liable to be dismissed. 6. At......nt and decree passed by the Court below are set aside. The suit is dismissed. Send down the lower Courts records immedi­ately. Ed. This Case is also Reported in: 63 DLR (HCD) (2011) 173. ..

Category: Property Law | Date: | Hits: 123

Sheikh Hasina Wazed alias Sheikh Hasina Vs. State and another, 2010, 39 CLC (HCD)

....ed most mechanically and without prop­er consideration of the materials on record mainly statements recorded under section 161 and 164 of the Code of Criminal Procedure of the witnesses. At the same time the cognizance was taken mechani­cally without applying judicial mind by the Metropolitan Seni......o.3 of 2008, now pending in the Court of Special Judge, Court No.1, Dhaka be quashed so far as it relates to the accused petitioner. Ed. This Case is also Reported in: 63 DLR (HCD) (2011) 162. ..

Category: Criminal Law | Date: | Hits: 156

Human Rights and Peace for Bangladesh (HRPB) and others Vs. Bangladesh and others, 2012, 41 CLC (HCD)

.... to them. The Government is under a duty to protect the interest of the people by protecting the historical place. The affected people are unable to come forward to protect this historical site of sentimental importance and hence the petitioners resolved to move this Public Interest Litigation (PIL)......erve the notice at the cost of office. We felt that the prayer is a cogent one and hence, resolved to accede to the same. Jahangir Hossain J. - I agree. Ed. This Case is also Reported in: ..

Category: Property Law | Date: | Hits: 159

Nurul Amin Bhuiyan Vs. Bangladesh and others, 2011, 40 CLC (HCD)

....pon the petitioner and as such he was in dark about the borrower’s defaulting status and the consequent auction notice. He (petitioner) came to learn about the impugned auction notice for the first time on 18.10.2010. Immediately after he wrote a letter on 20.10.2010 to the creditor-bank requestin......he above observation the Rule is discharged and the order of status quo passed at the time of issuing the Rule is vacated. Nazmun Ara Sultana J. - I agree. Ed. This Case is also Reported in: ..

Category: Civil Law | Date: | Hits: 129

M Saleem Ullah Advocate Vs. Bangladesh, 2004, 33 CLC (HCD)

....ere of the view that there cannot be any free and fair election by the government comprised of persons belonging to a political party inasmuch as the political party in the government at the relevant time invariably used the government machinery in a bid to influence the election result affecting th......partial election cannot be held under the supervision of the ruling party because of their abuse of power and use of money and muscle. Conspiracy rigging and intimidation was resorted to on a massive scale to win a seat in the Parliament which resulted in the common people losing their interest and ..

Category: Constitutional Law | Date: | Hits: 215

Overseas Garments Industries (Pvt.) Ltd. Vs. Bangladesh and others, 2005, 34 CLC (HCD)

....evocable power of attorney Mr. Mamunur Rashid has contended that in the mortgage deed in clause 9 it has been stipulated that the bank shall be entitled to recover the money due under the deed at any time after expiry of the period and in default of payment shall be entitled to recover the same by s......bstance in the Rule. Accordingly, the Rule is discharged without any order as to cost. Status‑quo granted by this Court stand vacated. Ed. This Case is also Reported in: 57 DLR (2005) 168. ..

Category: Civil Law | Date: | Hits: 129

State Vs. Innocent N Egbunine, 1994, 23 CLC (HCD)

.... hotel. Thereafter on 30‑3‑1990 at about 10‑00 AM Mr. Kashem and one Bangladeshi national came and met Mr. Innocent. They had talk for about 30 minutes. Thereafter Mr. Innocent came outside 2/3 times and again went inside. Thereafter 3 of them went outside boarding a baby‑taxi and 2 Inspecto...... condemned‑prisoner Innocent N. Egbunine be transferred from the condemned cell to the cell meant for the convicts of like nature. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 460. ..

Category: Criminal Law | Date: | Hits: 164

Abdul Gafur Sarder and another Vs. State and ano­ther, 1982, 11 CLC (AD)

....-80 at about 2/3 am and while they were taking away two bi-cycles from the ground floor of the house, brother of the complainant, his bhabi and nephew caught hold of one of the miscreants and at that time another miscreant fired gun shot, as a result thereof the complainant's brother, his Bhabi and ......ppellants' prayer for bail. For the aforesaid reason the appeal is allowed, ad interim bail granted to appellants are confirmed. Ed. This Case is also Reported in: 35 DLR (AD) (1983) 279. ..

Category: Criminal Law | Date: | Hits: 97

Bakshu Mia Vs. Govt.of Bangla­desh and others, 1977, 6 CLC (AD)

...., if the public prosecutor certifies that the pardoned accused has not made full discharge of facts or given false evidence as a witness. 8. Section 248 of the Code says that if a complaint at any time before a final order is passed, in any case, satisfies the Magistrate that there are sufficient......nal or the High Court which calls for an interference. For the reasons, the appeal is dismissed, but we make no orders as to costs. Ed. This Case is also Reported in: 30 DLR (AD) (1978) 228. ..

Category: Criminal Law | Date: | Hits: 99

Chairman, National Board of Revenue, Bangladesh Vs. M/s. GMG Cor­poration Ltd., 1982, 11 CLC (AD)

.... only document that was executed was the document of hypothecation and pledge. The expression 'for the above mentioned purpose' can only mean mortgage. The respondent has given mortgage for the first time to the Bank of Credit and Commerce though the respondent has taken previously a cash credit fac...... COURT By the majority opinion the appeal is allowed with costs and judgment and order of the High Court Division are set aside. Ed. This Case is also Reported in: 35 DLR (AD) (1983) 262. ..

Category: Fiscal/Taxation Law | Date: | Hits: 269

Md. Mohiuddin Chowdhury Vs. Rupali Bank Ltd. and others, 2011, 40 CLC (HCD)

....ed the said application. Being aggrieved by the said order, the petitioner moved in this Court under its special original jurisdiction, obtained the Rule and an order of stay, which was extended from time to time. Lastly the order of stay was extended on 27.1.2010 for a period of further six months,...... without any order as to costs. Let a copy of the judgment be communicated at once to the concerned executing Court. Nazmun Ara Sultana J. - I agree. Ed. This Case is also Reported in: ..

Category: Civil Law | Date: | Hits: 129

Bangladesh Steel and Engineering Corporation and another Vs. Md. Masood Reza and others, 1977, 6 CLC (AD)

....mmercial concern M/s. Md. Masood Reza & Co., in deference to the above Notification and do the needful at your earliest and oblige. Thanking you and assuring you of our best cooperation at all times, we are, Yours faithfully, For Md. Masood Reza & Co. Sd/- Md. Masood Reza Manag......any learned brother Mr. Justice Munim that these appeals should be dismissed. Order of the Court. The appeals are dismissed. Ed. This Case is also Reported in: 30 DLR (AD) (1978) 169. ..

Category: Others | Date: | Hits: 154

Nur Banu Vs. Noor Mohammad and others, 1983, 12 CLC (AD)

....property." "107. A lease of immovable property from year to year, or for any term ex­ceeding one year, or reserving a yearly rent, can be made only by a registered instrument." "110. Where the time limited by a lease of immovable property is expressed as commencing from a particular day, in c......uted by both the lessor and the lessee". The point, it would appear, is well taken. The appeal is dismissed. No order as to costs. Ed. This case is also reported in: 35 DLR (AD) (1983) 182. ..

Category: Property Law | Date: | Hits: 103

AK Murshed Ahmed Vs. Md. Meher Ali and others, 1983, 12 CLC (AD)

.... all suits cogni­zable by it and in all proceedings arising out of such suits: Provided that an applicant for an order to set aside decree passed ex parte or for a review of judgment shall at the time of presenting of the applica­tion, either deposit in the court the amount due from him under t......n it goes against him and this also not by an appropriate proceedings. For the reasons stated above, appeal is allowed with costs. Ed. This Case is also Reported in: 35 DLR (AD) (1983) 178. ..

Category: Procedural Law | Date: | Hits: 109

Alhaj Md. Chowdhury Alam and others Vs. Md. Nasiruddin Shah and others, 2004, 33 CLC (AD)

....nd competent members of the Waqf family for appointment as a Mutwalli out of them. 6. It appears from the record that Hazrat Malek Shah Pir Yameni (R) Mazar Waqf Estate was enrolled for the first time with the Administrator of Waqf by order dated 29.11.1947 as EC No.11276; though there is no Waq...... above, we do not find any substance in the submission of the learned Counsel for the petitioner. The petition is, accordingly, dismissed. Ed. This Case is also Reported in: ..

Category: Trust/Waqf Law | Date: | Hits: 148