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Shefali Rani and others Vs. Makhan Chandra Das and others, 1990, 19 CLC (HCD)
.... Judgment February 19, 1990. Result: The Rule is made absolute. Cases Referred to- Anwar and others Vs. Abul Hossain Molla and others, 44 DLR 79; Hachina Begum and others Vs. Mosammat Mahfuza Akhter and another, 16 BLD 375; 33 DLR (AD) 1; Hosna Banu and others Vs. Keamat Ullah Mal......e documents in question. It is also admitted that no land or any property was included in the documents from the area and jurisdiction of Begumgonj Sub-registrar, Begumgonj was a Sub-division at that time and it was not a District as at present. 7. Courts below dismissed the suit finding, inter a...... The documents in question, as described in the schedule of the plaint are declared as void and fraudulent. No order as to costs. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 341. ...... The documents in question, as described in the schedule of the plaint are declared as void and fraudulent. No order as to costs. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 341. ..Category: Procedural Law | Date: | Hits: 105
Maudud Vs. State, 1998, 27 CLC (HCD)
.... of the same we find no merit in the application for bail which is rejected. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 347. ......mitting robbery and demanded key of the cash box. In view of the same we find no merit in the application for bail which is rejected. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 347. ......mitting robbery and demanded key of the cash box. In view of the same we find no merit in the application for bail which is rejected. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 347. ......rom his hand. On consideration of the evidence, Special Tribunal found the appellant guilty of possessing the dagger but did not find him guilty of possessing a pistol and a bullet. 4. The word “arms” has been defined in section 4 of the Arms Act and includes a “dagger”. Section 15 of The..Category: Criminal Law | Date: | Hits: 87
Shaheen Mahmood Alam (Md.) Vs. Ziaur Rahman & others, 1997, 26 CLC (HCD)
....titioner Vs. Ziaur Rahman & others…………………Respondents Judgment November 27, 1997. Result: The Rule is made absolute. Lawyers Involved: Jamiruddin Sircar, Advocate - For Petitioner. Muhammad Nazrul Islam, Advocate - For Respondent. Writ Petition No.7179......y submits that the respondent No.1 took loan sanctioned on 16-4-96 for Taka 5,04,000.00 and after construction of the house for which he took loan he repaid the loan amount and applied for the second time. He took loan on 8-5-97 of Taka 4,96,000.00 from the House Building Finance Corporation. Mr. Na......on Parishad. No other ground taken in this petition was pressed by Mr. Sircar. In the result, the Rule is made absolute. No costs. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 346. ......on Parishad. No other ground taken in this petition was pressed by Mr. Sircar. In the result, the Rule is made absolute. No costs. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 346. ..Category: Election Law | Date: | Hits: 153
Mokthar Masum Abedin and others Vs. Nironjan Kumar Mondol and others, 1997, 26 CLC (HCD)
....alpaharia Vs. Additional Member, Board of Revenue, Bihar and another, AIR 1963 SC 786; Munshi Ram Vs. Narsi Ram and another, AIR 1983 SC 271. Lawyers Involved: SH Md. Nurul Huda Jaigirdar, Advocate - For the Petitioner. PC Guha, with Purabi Shaha and Faridul Alam Talukder, Advocates - For t......ded as defendants in the suit in the said application it is also averred that the petitioners were not at all aware of the institution of the Suit and petitioner No.6 only on 21-7-1993, for the first time, got knowledge of the said suit and on enquiry became confirmed of the said matter. 4. The l...... two thousand) only to the plaintiff-opposite- party. Stay granted by this Court at the time of issuance of the Rule stands vacated. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 341....... two thousand) only to the plaintiff-opposite- party. Stay granted by this Court at the time of issuance of the Rule stands vacated. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 341...Category: Procedural Law | Date: | Hits: 74
Ziauddin Ahmed Vs. Bangladesh,1994, 23 CLC (HCD)
....vernment of Bangladesh, 44 DLR 39; Begum Monsura Rahman Mohiuddin Vs. Government of Bangladesh and others, Writ Petition No. 1073 of 1993 (Unreported). Lawyers Involved: Rokanuddin Mahmud, Advocate ‑ For the Petitioner. Md. Altafur Rahman, Assistant Attorney General ‑ For the Responde......tudies in USA. The Government of Bangladesh by its order dated 25.7.91, approved her extra‑ordinary leave to prosecute higher studies in USA and thereafter she left for USA in August, 1991. At that time, the petitioner was in detention. His wife left behind their son aged about 7 years to the care.......92 issued by the respondent No. 1 under the signature of respondent No. 3 to be without any lawful authority and is of no legal effect. Ed. This Case is also Reported in: 47 DLR (HCD) (1995) 29........92 issued by the respondent No. 1 under the signature of respondent No. 3 to be without any lawful authority and is of no legal effect. Ed. This Case is also Reported in: 47 DLR (HCD) (1995) 29...Category: Constitutional Law | Date: | Hits: 238
Mayurer Nessa and others Vs. Julekha Khatoon and others, 1994, 23 CLC (HCD)
....ecreed in part in preliminary form in terms of compromise petition dated 4.3.1964. Ed. This case is also Reported in: 47 DLR (HCD) (1995) 26....... it is difficult to understand why the Courts below did not consider the same while passing the impugned judgment and decree. 9. Order 23 rule 1 of the Code of Civil Procedure provides that at any time after institution of the suit plaintiffs may as against all or any of the defendants withdraw h......ees of the Courts below are modified and the suit is decreed in part in preliminary form in terms of compromise petition dated 4.3.1964. Ed. This case is also Reported in: 47 DLR (HCD) (1995) 26.......ees of the Courts below are modified and the suit is decreed in part in preliminary form in terms of compromise petition dated 4.3.1964. Ed. This case is also Reported in: 47 DLR (HCD) (1995) 26...Category: Procedural Law | Date: | Hits: 85
Abdul Motaleb Shaque and others Vs. State, 1994, 23 CLC (HCD)
....24....... has cited the decision held in the case of Ramjoy Mondal & others Vs. State, reported in 37 DLR 252 where it has been observed- "Law does not make any provision for deducting or excluding the time consumed by adjournments made at the instance by either party or due to the preoccupation of th......is nothing to interfere with the impugned order. The Rule is discharged. The stay order granted earlier by this Court is hereby vacated. Ed. This Case is also Reported in: 47 DLR (HCD) (1995) 24.......is nothing to interfere with the impugned order. The Rule is discharged. The stay order granted earlier by this Court is hereby vacated. Ed. This Case is also Reported in: 47 DLR (HCD) (1995) 24...Category: Procedural Law | Date: | Hits: 80
Captain Md. Mobarak Hossain, Master, ATM Dolores Vs. MT Dolores and others, 1994, 23 CLC (HCD)
.......Plaintiff Petitioner Vs. MT Dolores and others…………………………………………………….Defendants Opposite Parties Judgment August 10, 1994. Result: The application is rejected. Lawyers Involved: Md. Ahsanul Kabir with Md. Khurshid Alam Khan, Advocates......olores by transferring the same to a third party which is now lying at Jetty No.10 of Chittagong Port. The said defendant No. 1 vessel MT Dolores may leave the territorial waters of Bangladesh at any time. He has submitted that the principal defendant opposite parties have no other moveable and immo......e plaintiffs aforesaid claim. In the circumstances, the application for attachment/arrest of the defendant No. 1 vessel is rejected. Ed. This case is also Reported in: 47 DLR (HD) (1995) 80. ......e plaintiffs aforesaid claim. In the circumstances, the application for attachment/arrest of the defendant No. 1 vessel is rejected. Ed. This case is also Reported in: 47 DLR (HD) (1995) 80. ..Category: Civil Law | Date: | Hits: 99
Santosh Kumar Paul Vs. Nuruddin Ansari, 1993, 22 CLC (HCD)
....upheld in part with the above term. Let the records be sent down expeditiously. Ed. This Case is also Reported in: 47 DLR (HCD) (1995) 70.......he plaintiff‑appellant Santosh Kumar Paul was, that he purchased the suit land from one Umesh Chandra Saha by two Kabalas dated 12.2.62 and 13.7.62 vide Exts. A. and A(1) respectively and since the time of his purchase, he was in possession of the suit land by erecting huts in some part and by mai...... Court decreed the suit of the present plaintiff‑respondent in full allowing specific performance of the contract and dismissing the other suit of the present appellant for declaration of title and recovery of possession of the suit land. 3. The present appellant Santosh Kumar Paul as plaintiff......ate Court is set aside and that of the trial Court is upheld in part with the above term. Let the records be sent down expeditiously. Ed. This Case is also Reported in: 47 DLR (HCD) (1995) 70...Category: Procedural Law | Date: | Hits: 129
Lt. Cdr (Retd) AHM Mahmud Vs. Masud Ahmed, 2010, 39 CLC (HCD)
....h Vs. Shamsuddin Ahmed, 1 ADC (2004) 144; AIR 1984 (SC) 1826; AIR 1970 (SC)1767. Lawyers Involved: Lt. Cdr. (Retd.) AHM Mahmud (In person)—For the Petitioner. AKM Nazrul Islam, Senior Advocate with JK Paul, Advocate—For the contemnors-respondents. Contempt Petition No. 61 of 2008. ......n in that regard he continued his job until all of a sudden he was informed on 09-3-1991 that his resignation letter, submitted over one year earlier, had been accepted. He points out that in the meantime, he was made permanent in his post. 8. The petitioner submits that he challenged the motivat...... the petitioner within 3(three) months from receipt of a copy of this judgment. Let a copy of this judgment be communicated at once. Ed. This Case is also Reported in: 63 DLR (HD) (2011) 149. ...... the petitioner within 3(three) months from receipt of a copy of this judgment. Let a copy of this judgment be communicated at once. Ed. This Case is also Reported in: 63 DLR (HD) (2011) 149. ..Category: Employment/Service Law | Date: | Hits: 156
Abul Hasnat Md. Belal Vs. Md. Alauddin and others, 2008, 37 CLC (HCD)
....necessary action. Ed. This Case is also Reported in: 63 DLR (HD) (2011) 141....... In order to appreciate the submissions advanced by the learned Counsels 1 have gone through the revisional application, impugned order, application for proposed amendment, plaint (furnished at the time of hearing) and other materials on record and given my anxious consideration to their submissio......tands vacated. Office is directed to communicate the order at once with a copy of the judgment for information and necessary action. Ed. This Case is also Reported in: 63 DLR (HD) (2011) 141.......tands vacated. Office is directed to communicate the order at once with a copy of the judgment for information and necessary action. Ed. This Case is also Reported in: 63 DLR (HD) (2011) 141...Category: Procedural Law | Date: | Hits: 90
Ataur Rahman (Md.) Vs. Bangladesh and others, 2010, 39 CLC (HCD)
.... (HCD) (2010) 154. ...... a public-spirited citizen espousing causes of others, has been facilitated by the absence of any Constitutional provision as to who can apply for a writ. In England, various tests were applied. Some-times it was said that a person must be 'aggrieved' or he must have 'a specific legal right' or he m......is still in seisin of the matter. Consequently, the prayer for certificate is rejected. Ed. This Case is also Reported in:62 DLR (HCD) (2010) 329; 30 BLD (HCD) (2010) 154. ......is still in seisin of the matter. Consequently, the prayer for certificate is rejected. Ed. This Case is also Reported in:62 DLR (HCD) (2010) 329; 30 BLD (HCD) (2010) 154. ..Category: Constitutional Law | Date: | Hits: 270
Bazlur Rahman (Md.) Vs. Government of the People's Republic of Bangladesh, 2009, 38 CLC (HCD)
.... the privilege, the beneficiaries must be served with notice or given opportunities to show cause in this regard…………………………(25) Lawyers Involved: Syed Haider Ali, Advocate - For the Petitioner. JK Paul, Advocate - For the Respondent Nos. 2-4. Mustafa......led freedom fighters through proper listing and ensuring payment of benefits and allowance to them. The injured Freedom Fighters applied for their enlistment as disabled freedom fighters at different times during 1997 and 1998 and the authority, after proper scrutiny found the petitioners as Genuine......from the date of receipt of the Judgment and order. Communicate the order at once. Ed. This Case is also Reported in: 62 DLR (HCD) (2010) 360; 18 BLT (HCD) (2010) 279. ......from the date of receipt of the Judgment and order. Communicate the order at once. Ed. This Case is also Reported in: 62 DLR (HCD) (2010) 360; 18 BLT (HCD) (2010) 279. ..Category: Others | Date: | Hits: 149
Abul Basher Chowdhury Vs. Habibur Rahman Mia and others, 1978, 7 CLC (AD)
....e result of the election has been declared was properly made. The appeal is dismissed with no order as to costs. Ed. This Case is also Reported in: 31 DLR (AD) (1979) 297.......r (West) Union Parishad. The appellant made out a case that the tribunal erred in not shifting the date of hearing of the case to enable him to get a lawyer from Comilla Bar and erred in not granting time to enable the appellant to file a petition under section 28 of the Local Government Ordinance, ......on the basis of which the result of the election has been declared was properly made. The appeal is dismissed with no order as to costs. Ed. This Case is also Reported in: 31 DLR (AD) (1979) 297.......on the basis of which the result of the election has been declared was properly made. The appeal is dismissed with no order as to costs. Ed. This Case is also Reported in: 31 DLR (AD) (1979) 297...Category: Election Law | Date: | Hits: 159
American Life Insurance Company Vs. Dacca Poura Shaba and others, 1978, 7 CLC (AD)
....he Court. In accordance with the view of the majority, we allow this appeal without any order as to costs. Ed. This Case is also Reported in: 31 DLR (AD) (1979) 276.......at levy of taxes and rates are to be made in accordance with the Model Tax Schedules framed by the Government under section 35 of the Ordinance. Directions given by the Government in this behalf from time to time are binding upon the Municipality concerned. The case of the appellant was entirely bas......nd lighting rate because clauses 13 and 14 of the Model Tax Schedule provide that the Municipality is entitled to recover from the beneficiaries only the maintenance cost of the service rendered, and recovery of such maintenance cost from the beneficiaries has no connection with the tax on buildings......s to costs. Order of the Court. In accordance with the view of the majority, we allow this appeal without any order as to costs. Ed. This Case is also Reported in: 31 DLR (AD) (1979) 276...Category: Fiscal/Taxation Law | Date: | Hits: 156
Bangladesh Steamer Agent's Association Vs. Bangladesh & others, 1979, 8 CLC (AD)
.... Division is set aside and the impugned order is set aside as having been passed without any lawful authority. Ed. This Case is also Reported in: 31 DLR (AD) (1979) 272....... The Government granted the licence required under section 3 of the Ordinance on due approval of the Memorandum of Articles of Association of appellant—the Association, which were amended several times at the instance of the Government before the licence was granted. The chief business of the ......udgment of the High Court Division is set aside and the impugned order is set aside as having been passed without any lawful authority. Ed. This Case is also Reported in: 31 DLR (AD) (1979) 272.......udgment of the High Court Division is set aside and the impugned order is set aside as having been passed without any lawful authority. Ed. This Case is also Reported in: 31 DLR (AD) (1979) 272...Category: Business or Commercial Law | Date: | Hits: 208
State Vs. Monsur Alam alias Mon Miah and others, 2012, 41 CLC (AD)
....out of Court in accordance with Rules. The order of stay granted earlier is extended till disposal of the appeal. Ed. This Case is also Reported in: 9 ADC (2012) 268. ......n. The informant saw the occurrence from 8/10 cubits away and went along with his paternal uncle Lal Mia, cousins Mukul Master, Iqbal Mia, Nobi Mia and Badal Mia in order to save his brother. At that time accused Chootto and Parvez shot at them with local made firearms, he (the informant) was injure...... prepare the paper book out of Court in accordance with Rules. The order of stay granted earlier is extended till disposal of the appeal. Ed. This Case is also Reported in: 9 ADC (2012) 268. ......t along with his paternal uncle Lal Mia, cousins Mukul Master, Iqbal Mia, Nobi Mia and Badal Mia in order to save his brother. At that time accused Chootto and Parvez shot at them with local made firearms, he (the informant) was injured. Accused Chora Hussain struck Badal Mia on his head with ramdao..Category: Criminal Law | Date: | Hits: 122
IFIC Bank Ltd. Vs. Eknabin & Co. and others, 2010, 39 CLC (HCD)
....made absolute Cases Referred to- BHBFC Vs. Shahid Sarwar Abu Hossain, 9 BLT 289=6 BLC 751; BHBFC Vs. Jahanara Begum, 16 BLD (AD) 231=49 DLR (AD) 80. Lawyers Involved: AQM Safiullah, Advocate—For the Petitioner. No one appears—For the Opposite Party. Civil Revision No.3967 of 2......lopment Leasing Company as plaintiff has filed Bankruptcy Case No.5 of 2003 against opposite party Nos.2 and 3 for declaring the Directors of the Company as bankrupt. Petitioner filed application for time for filing written objection. Learned Judge fixed 13-9-2005 as it appears for service return bu......6 dated 18-9-2005 are set aside. In the result, the Rule is made absolute without any order as to cost. Communicate this order. Ed. This Case is also Reported in: 63 DLR (HD) (2011) 123. ......6 dated 18-9-2005 are set aside. In the result, the Rule is made absolute without any order as to cost. Communicate this order. Ed. This Case is also Reported in: 63 DLR (HD) (2011) 123. ..Category: Procedural Law | Date: | Hits: 126
Abeda Chowdhury Vs. State and another, 2009, 38 CLC (HCD)
....gh Court Division (Criminal Miscellaneous Jurisdiction) Present: Siddiqur Rahman Miah J Md. Ataur Rahman Khan J Abeda Chowdhury..................................Petitioner Vs. State and another.................................Opposite Parties Judgment October 29, 2009 ......cision in the case of Nizamuddin Mahmood Vs. Abdul Hamid Bhuiyan reported in 60 DLR (AD) 195 wherein their Lordships held: "Since the date of receipt is a question of fact to be ascertained at the time of trial, nondisclosure of such fact in the complaint petition cannot render the proceeding l......Advocate for the petitioner is permitted to take back the certified copies of the annexure by replacing the photocopies of the same. Ed. This Case is also Reported in: 63 DLR (HD) (2011) 118. ......Advocate for the petitioner is permitted to take back the certified copies of the annexure by replacing the photocopies of the same. Ed. This Case is also Reported in: 63 DLR (HD) (2011) 118. ..Category: Criminal Law | Date: | Hits: 113
Rowshena Jahan Vs. State and another, 2010, 39 CLC (HCD)
....ision (Criminal Miscellaneous Jurisdiction) Present: Khandaker Musa Khaled J Md. Mizanur Rahman Bhuiyan J Rowshena Jahan………………………………….Petitioner Vs. State and another……………………………….Opposite-Parties Judgment September 30, 2......tion 109 of the Penal Code, now pending in the Court of Metropolitan Senior Special Judge, Dhaka, should not be quashed or any other order passed as this Court may deem fit and proper. 2. At the time of issuance of the Rule, all further proceedings of the above mentioned Case was stayed and t......rned Court shall proceed with the case in accordance with law. Send a copy of the judgment and order to the Court below immediately. Ed. This Case is also Reported in: 63 DLR (HD) (2011) 90. ......rned Court shall proceed with the case in accordance with law. Send a copy of the judgment and order to the Court below immediately. Ed. This Case is also Reported in: 63 DLR (HD) (2011) 90. ..Category: Criminal Law | Date: | Hits: 100
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