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Moti Miah Vs. Ful Miah and others, 2008, 37 CLC (HCD)
....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. ...... regarding the dates of possession and dispossession of the plaintiff from the suit land are turtord and cannot be relied upon. 12. Considering the facts and circumstances of the case, I am of the view that the trial Court did not apply its judicial mind in dealing with the matter and passed the ..Category: Property Law | Date: | Hits: 121
Nitai Kumar Mondol Vs. Judge, Artha Rin Adalat, and another, 2008, 37 CLC (HCD)
.... him into jail. Office is directed to communicate the order at once with a copy of Judgment for information and necessary action. Ed. This Case is also Reported in: 62 DLR (HCD) (2010) 446. ...... sentence. In this regard, reliance is being placed in the cases of Monsur Ali Vs. State 55 DLR (AD) 131, Khalilur Rahman Vs. State 33 DLR 12 and Abdul Baset Chowdhury Vs. State 13 BLC 713. 10. In view of the discussions made above and the preponderant judicial views emerging out of the authoriti..Category: Civil Law | Date: | Hits: 140
Nrependra Nath Saha and anothers Vs. Haripada Saha & another, 2009, 38 CLC (HCD)
....e petitioners preferred this revisional application before this Court and obtained the present Rule. 6. Mr. Ibrahim Mollah, the learned Advocate for the petitioners submitted that the Courts below erroneously passed their Judgments in clear violation of Hindu Mitakhara law, which should be set as...... petitioners in the suit property had also support in the decisions of our apex Court as referred by the learned advocate for the petitioners and the same were also applicable in the instant rule. In view of the above the Courts below absolutely violated the Hindu Mitakhara law of inheritance that p..Category: Property Law | Date: | Hits: 83
Abu Bakkar Siddique (Md.) and others Vs. Md. Abdur Rab Khandaker & others, 2010, 39 CLC (HCD)
....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. ...... in law in taking into account the findings of the possesÂsion of the suit land given by the criminal Courts in Exhibits 3 and 4 and as such the judgÂment is bad in law and liable to be aside. This view finds support from the case of SN Gupta & Co Vs. Sadananda Ghosh reported in 11 DLR 470, wh..Category: Property Law | Date: | Hits: 90
Kartic Das Gupta Vs. Election Commission and others, 2011, 40 CLC (HCD)
....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. ......oral roll of 2007-2008 and with the said defective electoral roll Paurashava election of Cox's Bazar district was held on 27-1-2011. 27. The said assertion of the petitioner has found substance in view of clause 6 of the circular dated 1-9-2009 which states as under— “৬। যারা à..Category: Election Law | Date: | Hits: 217
Abul Khair & another Vs. State, 2002, 31 CLC (HCD)
....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. ......act of accused Abul Khair as to the manner of occurrence to the effect that Abul Khair gave dagger blow on the chest of the deceased. He contends that credibility of the witness must be determined in view of what they stated both in examination-in-chief and in cross-examination as well. He argues th..Category: Criminal Law | Date: | Hits: 97
Hasina Khatoon and another Vs. Md. Samsur Rahman and others, 1997, 26 CLC (HCD)
....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. ......f a party under rule 10(2) of Order 1 of the Code of Civil Procedure is, no doubt, one of judicial discretion but such discretion has to be exercised according to sound judicial principles keeping in view all relevant facts and circumstances of the case. Order 1 rule 10(2) CPC provides for addition ..Category: Property Law | Date: | Hits: 94
Shamsul Huq Chowdhury Vs. Justice Md. Abdur Rouf & others, 1995, 24 CLC (HCD)
....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.......sh appointment and oath and his sitting as a Judge on the concept that he had been in the said office is not compatible with Article 147(3) read with Article 118 (3). 7. Keeping the above point in view it is argued that there being a Constitutional bar against the respondent No.1 to hold office o..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.
......f Civil Procedure are applicable in a proceeding under this Act. It has been held that provisions of the Code of Civil Procedure are applicable subject to the provisions of this special law. The same view has been expressed in another decision reported in 1994 BLT 118 (Sultan Alam Vs. Rupali Bank). ..
Category: Civil Law | Date: | Hits: 135
Shahidullah and others Vs. Lutfur Karim and others, 1997, 26 CLC (HCD)
....hat the defendants had the documents in their custody or possession and they wilfully and deliberately refrained from producing the same in Court and hence the finding of the Court of appeal below is erroneous and, as such, not sustainable. In support of his contention Mr. Islam cited the case of Gh...... the instant case I have already stated that the document is as old as 50 years and there is no evidence that the defendant had wilfully suppressed the said documents from producing in Court. In that view of the matter the findings of the Court of appeal below as to the presumption of section 114(g)..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. ......has come to his own decision on perusal of the record, he is competent to take cognizance of an offence under section 190 of the Code. The learned Assistant Attorney-General further submits that same view has been expressed in the case of Abdur Rashid Vs. State reported in 43 DLR 279. 9. Mr. Shaw..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:Â 50 DLR (HCD) (1998) 318. ......tal lawyers possessed of pertinent, bonafide and well recognised expertise contributed in the field of environment and having dedicated and established status moved the writ petition for a judicial review of certain activities under FAP under taken with foreign assistance on the grounds, inter alia,..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.
......sent miscellaneous case under section 24 of the Non-Agricultural Tenancy Act even though lands and buildings of five kabalas have been sought to be pre-empted in a single pre-emption case and in that view of the matter we find no force in the argument advanced by Mr. Khondker Mahbubuddin Ahmed in th..
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. ......ontending further that both the Courts thoroughly discussed and considered the evidence and other materials on record. I have already observed so. From the discussion made above I am firmly of the view that there is no ground for interference in this Rule. In the result, this Rule is discharge..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.
......lafide action does not arise at all.
14. He further submits that in this case the question of arbitrary or malafide action or violation of the principle of natural justice does not arise at all in view of the fact that the Government order dated 17‑7‑96 clearly shows that he was relieved of h..
Category: Others | Date: | Hits: 212
Shahriar Rashid Khan and another Vs. Bangladesh, 1997, 26 CLC (HCD)
....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. ......ns which were denied by the respondents by filing affidavit‑in‑opposition. Affidavits‑in‑reply have also been filed. In the instant cases the facts are not required to be stated in details in view of the fact that mainly the constitutional validity of Indemnity (Repeal) Act, 1996 is under ch..Category: Criminal Law | Date: | Hits: 202
Habibur Rahman Mondal (Md.) and others Vs. State and another, 2010, 39 CLC (HCD)
....rk and submit police report as early as possible. Let a copy of the judgment and order be transÂmitted to the Court below without delay Ed. This Case is also Reported in: 63 DLR (2011) 23. ...... in law. Secondly, the learned Advocate raises a legal point submitting that the informant Post Master of the Head Post Office, Gaibandha, had no lawful authority to lodge first information report in view of the restriction imposed under section 32 of the Anti-Corruption CommisÂsion Act, 2004 where..Category: Criminal Law | Date: | Hits: 101
Shahajada Talukder Vs. Election Commissioner and others, 2003, 32 CLC (HCD)
....on papers, was found of a substantial nature and comes within rule 15(3)(c) of the Rules 1983, he had no other alternative but to reject the nomination paper. 13. Now let us examine whether the erroneous mentioning of the voter numbers of the proposer and/or the petitioner candidate in the n......likewise due to similar overwriting the voter number of the petitioner/candidate as shown in the nomination paper filed on 31‑12‑2002 also varied from number shown in the Electoral Roll and in view of the above, in terms of sub‑rules (2) and (3) of rule 11 (2) of Rules 1983 the petitioner ..Category: Election Law | Date: | Hits: 211
....
8. Mr. AQM Safiullah, the learned Counsel appearing for the petitioner, submits that the learned Subordinate Judge and 2nd Artha Rin Adalat clearly erred in law in passing the impugned order on an erroneous view of the true import of Order 1 rule 10(2) of the Code of Civil Procedure and the same ......AQM Safiullah, the learned Counsel appearing for the petitioner, submits that the learned Subordinate Judge and 2nd Artha Rin Adalat clearly erred in law in passing the impugned order on an erroneous view of the true import of Order 1 rule 10(2) of the Code of Civil Procedure and the same has occasi..
Category: Civil Law | Date: | Hits: 101
Ali Azam Vs. Md. Majibullah, 2002, 31 CLC (HCD)
....f. 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. Mr. Abul ......tire consideration from his own fund. The title documents of the suit land were produced before the court by the 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..Category: Property Law | Date: | Hits: 103
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