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Shamsul Huq Chowdhury Vs. Justice Md. Abdur Rouf & others, 1995, 24 CLC (HCD)
....ot eligible for appointment as a Judge of the Supreme Court as the office of a Judge, though a Constitutional office, is an office in the service of the Republic and, as such, they hold office during good behavior as per Articles 95 and 96 read with Article 147 of the Constitution. 6. The second ......e said reasons we are of the view and hold that the petitioner is not entitled the relief sought for and the Rule is liable to be discharged. 35. Before parting with the case we intend to place on record our deep appreciation for the attractive, illuminating and enlightened arguments of Mr. Amiru......retation of the Constitution. The learned Additional Attorney-General having already entered appearance on being called upon to assist the Court, for the expeditious disposal of the Rule the personal service of the copy of the Rule on the respondents was dispensed with while fixing a date of hearing..Category: Constitutional Law | Date: | Hits: 353
.... Rin Adalat No.2, Dhaka is hereby directed to return the plaint to the filing Advocate for presentation before the appropriate Court.
Ed.
This Case is also Reported in: 50 DLR (HCD) (1998) 333.
......ervation of our Appellate Division in 14 BLD cases and we are of the view that the Court is not left without power and the party is not left without any relief. When it is apparent on the face of the record that the suit has been wrongly entertained and proceeded with in the Adalat, this Court may a...... Rin Adalat No.2, Dhaka is hereby directed to return the plaint to the filing Advocate for presentation before the appropriate Court.
Ed.
This Case is also Reported in: 50 DLR (HCD) (1998) 333.
..
Category: Civil Law | Date: | Hits: 135
Shahidullah and others Vs. Lutfur Karim and others, 1997, 26 CLC (HCD)
....e Court by this revisional application. 8. Heard Mr. AKM Nazrul Islam, learned Counsel for the petitioner and Mr. Md. Ozair Farooq learned Counsel representing the plaintiff opposite party No.5 at good length. 9. The moot question before this court is, whether the judgment of reversal passed b......s many as 6(six) issues including an issue as to whether the suit was barred by limitation (issue No.4). Having heard the parties and their Counsel and having considered the evidence and materials on record, the learned Assistant Judge, Chatkhil dismissed the suit by judgment and decree dated 28-2-9......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
Hifzur Rahman and 2 others Vs. State, 1995, 24 CLC (HCD)
....plication. The Rule is accordingly discharged. The order of stay passed earlier is hereby vacated. Send down the record at once. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 325. ...... taking cognizance was not the application filed by Shamsuddin but cognizance was taken by the learned Magistrate from the information gathered on perusal of case diary and the statement of witnesses recorded under sections 161 and 164 of the Code of Criminal Procedure. The learned Assistant Attorne......plication. The Rule is accordingly discharged. The order of stay passed earlier is hereby vacated. Send down the record at once. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 325. ..Category: Criminal Law | Date: | Hits: 102
Saiful Islam Dilder Vs. Government of Bangladesh and others, 1998, 27 CLC (HCD)
.... find any substance in this writ petition. In the result, this writ petition is rejected in limine without any order as to costs. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 318. ......is a Secretary-General or a member of any Human Rights Organisation is not sufficient ground to hold that he has a sufficient interest in the field. Where a writ petitioner fails to bring anything on record to satisfy the Court that he consistently has been endeavoring to obtain remedy for a section...... find any substance in this writ petition. In the result, this writ petition is rejected in limine without any order as to costs. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 318. ..Category: Constitutional Law | Date: | Hits: 421
....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.
......he date of his knowledge. The kabalas are of the year 1979 and the case was filed on 15-5-1990. It is the definite case of the petitioner-respondent that in 1979 he was minor and from the evidence on record we hold that the petitioner-respondent has succeeded in proving that he was a minor in 1979 a......nancy Act.
“24. (1) If a portion or share of the Non-Agricultural land held by a non-agricultural tenant is transferred, one or more co-sharer tenants of such land may, within four months of the service of notice issued under section 23 and, in case no notice had been issued or served, then wit..
Category: Property Law | Date: | Hits: 113
Samir Ali (Md.) and others Vs. Md. Atiar Rahman Dafadar and others, 1996, 25 CLC (HCD)
....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. ......validly made, the possession was duly delivered and the gifted properties were mutated in the name of the donees. 5. The learned trial Court on consideration of the evidence and other materials on record dismissed the suit holding that the gifts were properly made, accepted and duly acted upon. T......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
....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.
......d. Sub-clause (II) shows that the Government Pleader shall retire at the age of 60 unless on consideration of the report of the local authority Government considers that in the interest of the public service they should be retained for a further period. Clause 13 of the said Manuel provides for fill..
Category: Others | Date: | Hits: 212
Shahriar Rashid Khan and another Vs. Bangladesh, 1997, 26 CLC (HCD)
.... acknowledgement, that its interference with the constitutional process is an aberration and needs to be condoned. But while leaving, the Martial Law does not leave a trail of disqualification. It is good as long as it lasts, but with its departure it no longer casts a shadow upon the ordinary laws ......tion of Court was incorporated in the manner that whatever was done or made during the period from 15‑8‑75 to 9‑4‑79 cannot be called in question in any Court or Tribunal. But we are happy to record that the learned counsels of both sides and all the Amicus Curiae unanimously expressed their......s on the taking of any legal or other proceedings against persons in respect of certain acts and things.‑ (1) Notwithstanding anything contained in any law, including a law relating to any defence service, for the time being in force, no suit, prosecution or other proceedings, legal or disciplina..Category: Criminal Law | Date: | Hits: 202
Shahajada Talukder Vs. Election Commissioner and others, 2003, 32 CLC (HCD)
.... 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.......omination form he, by showing the original nomination forms, got the photocopies of the original nomination papers duly attested by the Upazila Health and Family Planning Officer (incharge) for his record and future references and that, the respondent No.5, with bad faith, rejected both the nomi...... 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
....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.......ntending parties appear to have gracefully accepted, we can legitimately hope that the suits are going to be disposed of expeditiously. In the facts and circumstances of the case and the materials on record, we feel inclined to find that the presence of the defaulting loanees in the present suit is ......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)
....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. ......plaintiff. The plaintiff has been exclusively possessing the entire suit land. In such view of the matter the learned appellate Court, without proper consideration and appreciation of the evidence on record, erroneously dismissed the suit reversing the judgment and decree of the trial Court. 7. M......ntiff instituted the instant suit for declaration that the defendant is his benamder in respect of the land as described in the schedule of the plaint. They are full brothers. The plaintiff joined in service in 1956. On the other hand, the defendant joined in 1972. Their father served in a Sub-Regis..Category: Property Law | Date: | Hits: 103
Abdul Goni Kha Vs. Md. Abdul Aziz Azizur Rahman and others, 1996, 25 CLC (HCD)
.... 1972 incorporating Section 95A of the State Acquisition and Tenancy Act and that the plaintiff has right, title and interest in the suit land and paid consideration for the Kabalas and thus acquired good title over the suit land. 15. The Court of appeal below however has not reversed the finding...... 1976. 2. The plaintiff filed the suit for declaration of title in the suit land stating, inter alia, that Nazar Ali, predecessor of opposite parties No.5‑10 was the owner of 96 decimals of land recorded in plots No.757, 793 and 804 of section No.731 of mouja Harinafulia, PS Kotwali, District B......arinafulia, PS Kotwali, District Barisal and Nazar Ali sold the same to plaintiff. The plaintiff paid the entire consideration money to Nazar Ali in the 1st part of May, 1960. As the plaintiff was in service he had no leave to stay for registration so he left the station giving charge of registratio..Category: Property Law | Date: | Hits: 114
Talebur Rahman alias Taleb and 2 others Vs. State, 1994, 23 CLC (HCD)
....leged date of occurrence when he was going home after performing prayer he was called by the police and his signature was obtained on a piece of blank paper and the police stated that some contraband goods were recovered from a shop. He clearly stated that he did not see any of the accuseds at the p......the arms and ammunition were seized and seizure list was prepared in presence of the witnesses who put their signature in the seizure list. On his lodging written ezahar, First Information Report was recorded by the P.W.4 ASI attached to Mirpur Police Station. The witness investigated the case and s......ny other case and the accused appellant Abdul Matin be discharged from his bailbond. Send down the lower Court records immediately. Ed. This Case is also Reported in: 49 DLR (HD) (1997) 167. ..Category: Criminal Law | Date: | Hits: 74
Amir Hossain Dhali and other Vs. State, 1997, 26 CLC (HCD)
....The dead body of the victim was found at about 9‑00 AM of the next morning in the land of P.W.13 at a distance of about 150/200 yards from the house of the victim and the prosecution case is that a good number of persons came to the land of P.W. 13 to see the dead body after its discovery in the m......ed by unknown enemies. The further defence is that the accused persons are not in any way connected with the murder and have been falsely implicated out of enmity. On consideration of the evidence on record the learned Session Judge believed the prosecution case and found all the nine accused person......ty forthwith, if not wanted in connection with any other case. Appellant Amir Hossain Dhali is discharged from his bail bond forthwith. Ed. This Case is also Reported in: 49 DLR (HD) (1997)163. ..Category: Criminal Law | Date: | Hits: 85
Nasiruddin (Hazi Md.) Vs. Md. Mozammel Hossain and others, 2010, 39 CLC (HCD)
.... other proceedings. This discretion, however, is judicial discretion and therefore, it must be exercised for substantial reasons based on special facts of individual cases. Burden of substantiating good, sufficient and weighty grounds for transfer of a case lies heavily upon the party applying for......f present Court transferred, so allegations against him do not subsist. Therefore the instant Rule is liable to be discharged. 5. In order to appreciate their submissions I have gone through the record and given my anxious consideration to their submissions. 6. The point for consideration wh......spose of the appeal within two months from the date of receipt of this order. Office is directed to communicate the order at once. Ed. This Case is also Reported in: 63 DLR (HD) (2011) 303. ..Category: Procedural Law | Date: | Hits: 108
Jahangir Alam and others Vs. State, 2011, 40 CLC (HCD)
....d from their respective bail bonds. Send down the lower court record together with a copy of the judgment to the Court below at once. Ed. This Case is also Reported in: 63 DLR (HD) (2011) 294....... passed by the trial Court which was legal and proper one and, as such, both the appeals are liable to be dismissed. 11. Heard the learned Advocates for both the sides and perused the materials on record. 12. Now let us discuss the evidences led by the parties to arrive at correct decision. ...... Hasnat by raiding party man and prepared the seizure list in where he put his signature. 25. In his cross-examination he stated that he denied the suggestion that he has been dismissed from his service at Dhaka Atomic Energy Commission on 30-1-1995 and he also denied that he is the man of Maml..Category: Criminal Law | Date: | Hits: 142
Global Access Ltd. Vs. Bangladesh and others, 2003, 32 CLC (HCD)
....ty. So, we do not find anything which can be considered as mala fide. In the result, the Rule is discharged without any order as to costs. Ed. This Case is also Reported in: 55 DLR (2003) 433....... Board of Directors did not act either on behalf of Bangladesh Bank or on behalf of the Republic and thus no writ lies. Regarding our direction dated 2‑12‑02 to certify and transmit the connected record of the impugned tender before us Dr. M Zahir has submitted that since the files relating to t......ty. So, we do not find anything which can be considered as mala fide. In the result, the Rule is discharged without any order as to costs. Ed. This Case is also Reported in: 55 DLR (2003) 433...Category: Others | Date: | Hits: 174
....eet and that case will be tried according to the provision of law and if found guilty the detenu, will be punished under the Arms Act but that criminal case initiated under the Arms Act cannot be the good ground for preventive detention. The other allegations that the detenu being a political activi......lice Station Kotwali, District Dhaka now detained in Dhaka Central Jail be set at liberty forthwith if he is not required in any other case.
Ed.
This Case is also Reported in: 55 DLR (2003) 430. ......y and Vice President of Bangladesh Medical Association (BMA). He is at present President of Shadhinota Chikitsha Parishad. The detenu has established two private Medical Clinics for rendering medical service to the poor people, the detenu was arrested on the night following 16‑12‑2002 at about 2..
Category: Criminal Law | Date: | Hits: 104
Mohammadullah and others Vs. Md. Shamsul Alam alias Md. Alam, 2002, 31 CLC (HCD)
.... the said finding of fact. In the result, these Rules are discharged without any order as to cost. The impugned orders are maintained. Ed. This Case is also Reported in: 55 DLR (2003) 428. ......e defendant-petitioners examined 3 witnesses, on the other hand, the plaintiff-opposite parties examined 2 witnesses including the process server. The court bellow on consideration of the evidence on record, both oral and documentary, disbelieved the testimony of the process server and came to the d......endant. The process server went to the suit premises to serve the summons of the respective suit, but since the defendant refused to accept the process server served the same by hanging. Besides, the service of summons by hanging the same was also served by registered post as the postal peon returne..Category: Procedural Law | Date: | Hits: 100
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