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.... way opposite parties 1 and 2 purchased .0953 acre of land and 15 annas share of the building thereon from opposite parties 4-11 and from Rokeya Begum, the predecessor of opposite parties 12-20, at a total consideration of Taka 1,31,000.00 but for these purchases no notice under section 23 of the No......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.
......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.
..
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. ......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. ......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.
......interest of the public service they should be retained for a further period. Clause 13 of the said Manuel provides for filling up the temporary vacancy. Clause 14 of the said Manual provides leave of absence of the Government Pleader and clause 16 shows about removal, suspension and other punishment......ed to be appointed as Government Pleader. It is further stated that this relieving of the present petitioner from the office of Government Pleader of the Dhaka District is absolutely illegal, without jurisdiction and violative of the principle of natural justice as well as the provisions of the LR M..
Category: Others | Date: | Hits: 212
Shahriar Rashid Khan and another Vs. Bangladesh, 1997, 26 CLC (HCD)
....975, speaks of restriction of taking any legal or other proceeding against the persons in respect of certain act or things done on 15th August, 1975. The Ordinance put certain restrictions, but not a total prohibition. Further, this Section 2 (2) of the Indemnity Ordinance of 1975 provides that the ......d is merely a nullity and may be ignored even in Collateral proceeding as it never were. Void ab‑initio is the expression Court often used to take. The expression ultra vires strictly implies to an absence of the jurisdiction as well as the absence of the competency. The word void in its strict se......between 15‑8‑75 and 9-4‑79 and protected as ordinary law. 36. It is further submitted that, no doubt, these paragraphs 3A and 18 of the 4th Schedule of the Constitution have put embargo upon jurisdiction of the Court, the Court can see the validity of the laws which were made in between the..Category: Criminal Law | Date: | Hits: 202
Habibur Rahman Mondal (Md.) and others Vs. State and another, 2010, 39 CLC (HCD)
....ctive and cannot be allowed to proceed. 5. Mr. AKM Fazlul Hoque, the learned Advocate appearing on behalf of the added opposite party No.2, Chairman, Anti-Corruption Commission, submits that it is totally misconceived idea to say that no first information report can be lodged for any schedule off......rk and submit police report as early as possible. Let a copy of the judgment and order be transmitted to the Court below without delay Ed. This Case is also Reported in: 63 DLR (2011) 23. ......rk and submit police report as early as possible. Let a copy of the judgment and order be transmitted to the Court below without delay Ed. This Case is also Reported in: 63 DLR (2011) 23. ..Category: Criminal Law | Date: | Hits: 101
Shahajada Talukder Vs. Election Commissioner and others, 2003, 32 CLC (HCD)
....legations to the effect that the proforma respondent No.6 in collusion with respondent Nos.4-5 and other candidates, caused the overwriting defects in the nomination papers by fraud and forgery, is totally false and moreover, the errors found in both the nomination papers being of substantial nat...... 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.......s.4 and 5, submits that since the proforma respondent No.6 has already been declared as chairman under rule 20(3) of the Rules 1983, law does not contemplate intervention by this court by invoking jurisdiction under Article 102 of the Constitution during intermediate stage which will undermine t..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.......th that of the principal debtor. In fact, the liability of the guarantor of surety is immediate and this need not be deferred until creditor exhausts his remedies against the principal debtor. In the absence of any special reason, the surety cannot plead that the creditor must first initiate action ......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. ......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. ......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. ..Category: Property Law | Date: | Hits: 103
....o substance in this Rule. The Rule is accordingly, discharged without any order as to costs.
Stay granted by this Court stands vacated.
Ed.
This Case is also Reported in: 55 DLR (2003) 409.
......o substance in this Rule. The Rule is accordingly, discharged without any order as to costs.
Stay granted by this Court stands vacated.
Ed.
This Case is also Reported in: 55 DLR (2003) 409.
......ral members of the society. The plaintiff further averred that the election dated 13‑12‑1997 and the executive committee constituted by the defendants in the said election are illegal and without jurisdiction and that the election dated 13‑12‑1997 and the executive committee constituted unde..
Category: Procedural Law | Date: | Hits: 124
Abdul Goni Kha Vs. Md. Abdul Aziz Azizur Rahman and others, 1996, 25 CLC (HCD)
....lied, seven years: Provided that any such usufructuary mortgage may be redeemed at any time before the expiry of the said period on payment of an amount which shall bear the same proportion to the total consideration money received by the mortgagor, as the unexpired period bears to the total peri...... receipt of this order failing possession through the court in execution thereof. Send down the lower Courts record expeditiously. Ed. This Case is also Reported in: 49 DLR (HD) (1997) 172. ...... receipt of this order failing possession through the court in execution thereof. Send down the lower Courts record expeditiously. Ed. This Case is also Reported in: 49 DLR (HD) (1997) 172. ..Category: Property Law | Date: | Hits: 114
Talebur Rahman alias Taleb and 2 others Vs. State, 1994, 23 CLC (HCD)
....ellants whose presence at the place and time of recovery of the arms by the police was also not admitted by the witnesses. Mr. Khan submits that P.Ws.1, 2 and 3 who are the members of the public have totally demolished the prosecution case given out by the P.Ws.5 and 6, who are the police witnesses.......section 19, if the offences are committed in respect of arms mentioned in the said section. Mere knowledge of the accused that the arms or ammunition were lying at the spot pointed out by him, in the absence of evidence or circumstances to show that he had himself kept the same there, or that he had......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)
....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. ......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. ......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
....pposite parties in the other civil revisions shall get interest @ 10 percent from the date of this judgment (19-8-96) till realisation.
Ed.
This Case is also Reported in: 49 DLR (HD) (1997) 160.......pposite parties in the other civil revisions shall get interest @ 10 percent from the date of this judgment (19-8-96) till realisation.
Ed.
This Case is also Reported in: 49 DLR (HD) (1997) 160.......pposite parties in the other civil revisions shall get interest @ 10 percent from the date of this judgment (19-8-96) till realisation.
Ed.
This Case is also Reported in: 49 DLR (HD) (1997) 160...
Category: Property Law | Date: | Hits: 84
Nasiruddin (Hazi Md.) Vs. Md. Mozammel Hossain and others, 2010, 39 CLC (HCD)
....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. ......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. ......ing Transfer Miscellaneos Case No.930 of 2008 for transfer of Title appeal No.522 of 2003 from the sixth Court of Additional District Judge to the Court of District Judge or to any other Court having jurisdiction. 2. Material facts are that plaintiffs instituted a Title Suit No.50 of 2002 in the ..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....... said P.Ws. as hostile while the depositions of P.Ws. 4 and 5 goes in favour of the accused-appellants and no suggestion was given to the effect that the witnesses deposed falsely due to otherwise in absence of such denial the evidence of P.Ws. 3 and 4 cannot be disbelieved in the facts and circumst...... without prior permission of the Commission by violation of rule 16(2) of the Anti-Corruption rules therefore the initiation and subsequent conviction is without lawful authority as well as without jurisdiction thus the impugned judgment is liable to be set aside. He lastly submits that the alle..Category: Criminal Law | Date: | Hits: 142
Global Access Ltd. Vs. Bangladesh and others, 2003, 32 CLC (HCD)
....awful authority within the scope of Article 102 of the Constitution and their arbitrary action of treating the minority report of Dr. Maksud Helal to prevail over the view of the majority members, in total disregard of the rules and norms relating to decision by the committee is ultra vires, mala fi......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.......n record to show that the process followed for accepting the offer of respondent No.8 was non transparent. Question of technical acceptability is not to be decided by us as this being the exclusive jurisdiction of the expert and the decision making authority. Court in exercise of its power of judi..Category: Others | Date: | Hits: 174
....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. ......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. ......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. ..
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. ...... 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. ...... 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. ..Category: Procedural Law | Date: | Hits: 100
Insab Ali (Md.) Vs. Magistrate (Abu Zafar) Jessore and others, 2010, 39 CLC (HCD)
.... Kg Soybean oil not shown in the seizure list is hereby declared to have been done without lawful authority and is of no legal effect. Ed. This Case is also Reported in: 63 DLR (HD) (2011) 290. ...... Kg Soybean oil not shown in the seizure list is hereby declared to have been done without lawful authority and is of no legal effect. Ed. This Case is also Reported in: 63 DLR (HD) (2011) 290. ......he claimed of the petitioner that the BDR personnel seized the goods from the custody of the petitioner is a disputed question of facts and disputed question of fact cannot be amenable under the writ jurisdiction under Article 102 of the Constitution. Thus the writ petition is not maintainable and t..Category: Criminal Law | Date: | Hits: 94
Iqbal Hasan Mahmood Vs. State, 2008, 37 CLC (HCD)
....leased on bail for proper treatment otherwise he will die in Jail Custody. 5. Mr. Rafique-ul-Huq, the learned Advocate for the convict-appellant submits that the convict-appellant aged 58 years is totally innocent and has been falsely implicated in the case Mr. Huq submits that after thorough exa......on the Medical Board stated as under: the satisfaction of the learned Chief Metropolitan Magistrate Dhaka. Communicate the order. Ed. This Case is also Reported in: 63 DLR (HD) (2011) 286. ......on the Medical Board stated as under: the satisfaction of the learned Chief Metropolitan Magistrate Dhaka. Communicate the order. Ed. This Case is also Reported in: 63 DLR (HD) (2011) 286. ..Category: Criminal Law | Date: | Hits: 125
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