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Abdus Samad Miah and another Vs. Bangladesh Government & others, 2010, 39 CLC (HCD)
....scussion we are of the view that writ petition is not maintainable. In the result, the rule is discharged with no order as to costs. Ed. This Case is also Reported in: 62 DLR (HCD) (2010) 458.......শিম/শাঃ/৫-বি-6/2005/244 dated 4-6-2009 ( Annexure A) issued by respondents No.6 and impugned letter dated 13-4-2009 (Annexure-A-1) should not be declared to have been issued without lawful authority and is of no legal effect and/or such other or further order or orders passed as to..Category: Administrative Law | Date: | Hits: 421
Azam-e-Sadat (Md.) Vs. Bangladesh and others, 2010, 39 CLC (HCD)
.... The order of stay granted at the time of issuance of the Rules is hereby recalled and vacated. Communicate this order at once. Ed. This Case is also Reported in: 62 DLR (HCD) (2010) 455. ......entary affidavits filed in both the writ petitions be formed part of the main petitions. 2. Both the writ petitions are taken up together and disposed of by a single Judgment as common question of law is involved in both the writ petitions. 3. In writ petition No.8362 of 2009 and writ petition..Category: Criminal Law | Date: | Hits: 89
Golam Beg Vs. Hajera Begum, 2010, 39 CLC (HCD)
....n drafting the defective plaint as indicated above. Therefore, this is a fit case for remand to the trial Count. As I have taken the decision of sending the suit back on remand to the trial Court for amending the plaint, I refrain myself from discussing the suit on merit. The Rule is fit to be made ......of title of Zitu Beg in the suit land, particularly when Koresh Beg, father of Zitu Beg is the CS recorded tenant vide Exhibit 2(Kha) and thus, I find that both the Courts below committed an error of law resulting in an error in the decision occasioning failure of justice in their Judgments and decr..Category: Property Law | Date: | Hits: 103
Motiur Rahman Vs. AKM Shamsul Alamin and another, 2010, 39 CLC (HCD)
....s Appeal No.76 of 1997 is hereby maintained. Send down the LCR along with copies of this Judgment to the Courts below immediately. Ed. This Case is also Reported in: 62 DLR (HCD) (2010) 449. ......endant No.1. On 4-5-1995, defendant No.1 filed an adjournment prayer, which was rejected and the suit was fixed on 10-4-1995 for order. On 10-4-1995, the ex parte decree was passed in accordance with law. 9. Both parties adduced evidence and the learned Subordinate Judge dismissed the miscellaneo..Category: Procedural Law | Date: | Hits: 170
Trade Multi Plex and another Vs. Artha Rin Adalat and another, 2010, 39 CLC (HCD)
.... of judgment. The order of stay granted earlier by the Court stands vacated. Communicate the Judgment to respondent No.1 at once. Ed. This Case is also Reported in: 62 DLR (HCD) (2010) 533.......uit No.45 of 2003 reside together in the same house. Defendant No.5 is the mother of defendants Nos.2-4 of the Artha Rin Suit. Being satisfied, with the services of summons/notices in accordance with law, the learned Judge of the Adalat fixed a date for ex parte hearing of the suit on 1-9-2007. Defe..Category: Civil Law | Date: | Hits: 157
Tarique Rahman Vs. Government of Bangladesh and others, 2010, 39 CLC (HCD)
....y, the Rule is discharged without any order as to costs. The trial Court is directed to proceed with the case in accordance with law. Ed. This Case is also Reported in: 62 DLR (HCD) (2010) 524. ......ental rights of the petitioner guaranteed under Article 44 and 35(1) of the Constitution of the People's Republic of Bangladesh should not be declared to have been initiated and continued without any lawful authority and is of no legal effect and/or such other or further order or orders passed as to..Category: Criminal Law | Date: | Hits: 112
Abdul Kashem Vs. University of Chittagong, 2008, 37 CLC (HCD)
....946, examination held in the year 1983 as early as possible preferably within 2(two) months from the date of receipt of the Judgment. Ed. This Case is also Reported in: 62 DLR (HCD) (2010) 518. ......oner and taken punitive action against him which was communicated to the petitioner by the respondent No.5 vide Letter dated 31-3-2006, Annexure-G(1) should not be declared to have been taken without lawful authority and is of no legal effect and why they shall not be directed to turn back the origi..Category: Others | Date: | Hits: 186
Nur Hossain Miah & others Vs. Bangladesh and others, 2010, 39 CLC (HCD)
....ce of the rules is hereby recalled. Let a copy of this Judgment be transmitted to the Chairman, Anti-Corruption Commission, Dhaka. Ed. This Case is also Reported in: 62 DLR (HCD) (2010) 514. ......etition Nos. 4206, 5067, 4202 and 4207 of 2009. Judgment Md. Ashfaqul Islam J.- Writ petition Nos.4206, 5067, 4202, 4207 of 2009 are heard together and disposed by a common question of fact and law. 2. In writ Petition No.4206 of 2009 initiation of Tejgaon PS Case No. 53 dated 19-3-2009 und..Category: Criminal Law | Date: | Hits: 107
Ibrahim Khalil and others Vs. Mujibur Rahman and others, 2012, 41 CLC (AD)
....servation that the findings of the Courts below not relating to specific performance of contract shall be deemed to have been expunged. Ed. This Case is also Reported in:18 BLC (AD) (2013) 23. ......is no evidence on record, the High Court Division embarked upon an inquiry as to the identity of the suit land and the land of deeds of sale and came to a wrong finding and as such committed error of law. 10. Mr. Syed Amirul Islam, learned Senior Advocate appearing on behalf of respondent Nos.1-..Category: Civil Law | Date: | Hits: 186
Md. Omar Ali Mondal and others Vs. Md. Abdul Hamid and others, 2012, 41 CLC (AD)
....on proper appreciation of law and facts do not call for interference by this Division. Accordingly, this civil petition for leave to appeal is dismissed. Ed. This Case is also Reported in:......vil petition for leave to appeal before this Division. 5. Mr. Md. Nurul Amin, learned Advocate appearing on behalf of the leave-petitioners, submits that the High Court Division committed error of law in affirming the judgment and decree passed by the appellate Court without taking into considera..Category: Property Law | Date: | Hits: 101
Government of Bangladesh and others Vs. Mrs. Rana Awan, 2012, 41 CLC (AD)
....by Hasan Foez Siddique J. to hear and dispose of the matter afresh on merit in accordance with law by 29.11.2012. Accordingly, the appeal is disposed of. Ed. This Case is also Reported in: ...... Division and obtained Rule Nisi. After that, the High Court Division made the Rule absolute declaring that the action of the Government treating the respondent’s house as abandoned was without any lawful authority. 4. Being refused by the concerned Authority in mutating her name in the record..Category: Property Law | Date: | Hits: 121
Md. Rafiqul Islam alias Rafique Vs. State, 2011, 40 CLC (HCD)
....ion Case No.40 of 1994 is hereby set aside. The appellant is released from his bail bond. Send down the lower Court records. Naima Haider, J.- I agree. Ed. This Case is also Reported in: ......rasion on the dead body. He further stated that because of blood pressure the victim’s heart was enlarged and because of enlargement of heart, a man can die. 9. P.W.7 Anwara Akhter, daughter-in-law of victim Shona Mia stated that on the date of occurrence there was an altercation between her f..Category: Criminal Law | Date: | Hits: 101
SM Sabbir Hasan Vs. State, 2011, 40 CLC (HCD)
....ermitted to take back the certified copies of the annexures on substituting with photo copies of the same, except the impugned order. Ed. This Case is also Reported in: 63 DLR (HCD) (2011) 368. ......Anti-Corruption Commission Rules, 2007 is applicable only in the case of any officer of the Anti-Corruption Commissioner, who lay the trap and conduct the trap operation only. But this provision of law being a special law like Anti-Corruption Commission Rule, 2007 or section 20 or 17 of the Anti-C..Category: Criminal Law | Date: | Hits: 111
Commissioner of Customs, Chittagong Vs. Tectonics and others, 2010, 39 CLC (HCD)
....al. Accordingly, we find no merit in this rule and the rule is thus discharged without cost. Thus, the Customs Appeal is dismissed. Ed. This Case is also Reported in: 63 DLR (HCD) (2011) 367. ...... the Customs Appeal. 5. In reply, Mr. Aminuddin, the learned Advocate for respondent No.1 appearing with Mr. Munshi Moniruzzaman submits that the Customs Act, 1969 (in short, the Act) is a special law and in section 194 D of the Act special provision has been made for filing an appeal before the ..Category: Procedural Law | Date: | Hits: 111
....t, Dhaka in Title suit No.83 of 2007 rejecting the plaint of the suit is maintained and upheld.
Send down the lower Court records.
Ed.
This Case is also Reported in: 63 DLR (HCD) (2011) 359.
......erred this appeal.
7. Mr. Golam Arshed with Mr. Serajul Haque learned Advocate appearing on behalf of plaintiff-appellant have submitted that the learned Joint District Judge committed an error of law rejecting the plaint on the finding that the suit is barred under section 42 of the Specific Rel..
Category: Employment/Service Law | Date: | Hits: 175
Afifa Sultana Vs. Judge, Artha Rin Adalat and others, 2011, 40 CLC (HCD)
....as to costs. The order of stay granted earlier by the Court stands vacated. Communicate the judgment to respondent No.1 at once. Ed. This Case is also Reported in: 63 DLR (HCD) (2011) 354. ...... It is hardly believable that she was not aware about the said suit as all other directors of the Company contested the suit. Summons were duly served upon the defendant-petitioner in accordance with law. Certificate of title has also been issued in favour of the Bank under section 33(7) of the Ain ..Category: Civil Law | Date: | Hits: 269
.... service cannot be sustained.
In the result, the Rule in all the Writ petitions are made absolute but without any order as to costs.
Ed.
This Case is also Reported in: 41 DLR (HCD) (1989) 459.......tion Nos. 416, 438 and 452 of 1986.
Judgment
Mustafa Kamal J.- These 3 Writ petitions have been heard together and as they arise out of a common occurrence and involving the same questions of law they will be disposed of by this common judgment.
2. The petitioner in Writ petition No.416 o..
Category: Others | Date: | Hits: 167
Machafrue Magni Vs. Seman Magni & others, 1988, 17 CLC (HCD)
....al has no substance. In the result, the appeal is dismissed with cost. The judgment and decree of the Court below are affirmed. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 457. ......s the eldest sister of said Shachuma Magni, so under the Burmese Buddhist Law by which they are governed, the plaintiff inherited the entire property left by Schachuma Magni as inheritance under that law does not ascend but descend. The name of the plaintiff was duly mutated but on the objection of ..Category: Property Law | Date: | Hits: 107
Anwar Ali Vs. State, 1987, 16 CLC (HCD)
....ction. 16(3) read with section 16(I) (a) of the Special Powers Act. He may be set at liberty at once if not wanted in any other case. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 450. ......es. The accused appellant with the help of the members of his staff had removed and taken away the said attached machineries some lime after June, 1981. The accused appellant thus dishonestly for unlawful gain committed theft and misappropriated the attached machineries worth Tk. 10,00,000/-(Tak..Category: Criminal Law | Date: | Hits: 108
Haji Karamat Ali Master Vs. Lehajuddin Talukder & others, 1988, 17 CLC (HCD)
....d cancelled. A copy of the decree be sent to the Sub-Registrar concerned for necessary note in the relevant book maintained by him. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 447.......e that plaintiff has obtained the instant rule. 6. It has been urged by Mr. P.C. Guha, the learned Advocate on behalf of the petitioner that the learned Subordinate Judge has committed an error of law resulting in an error in the decision occasioning failure of justice, in not considering the mat..Category: Property Law | Date: | Hits: 82
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