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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.......ting as a Judge of the Supreme Court of Bangladesh and now holding the office of a Judge of the Appellate Division of the Supreme Court. The matter is of great public importance involving substantial questions of law as to the interpretation of the Constitution. The learned Additional Attorney-Gener......(SC) page 149 relevant page 199 paras 28 & 29 while dealing with the matter of consultation has gone to the extent of making observation that consultation does not mean concurrence. 34. In the facts and circumstances discussed above and point of law involved we are unable to accept the submis..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.
......t to the filing Advocate for presentation before the proper Court.
4. Mr. Ozair Faruque, the learned Advocate appearing on behalf of the plaintiff-opposite party No.1 at the very outset raised the question of maintainability of this petition before this Court under section 115 of the Code of Civi...... 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 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. ......es - For the Petitioner. Md. Ozair Farooq, Advocate - For the Opposite Party No.5. Civil Revision No.3460 of 1995. Judgment MA Aziz J.- The Rule at the instance of the defendants calls in question the judgment decree dated 17-7–95 allowing Title Appeal No.88 of 1993 by the learned Subo......e law is clear on this point. Section 101 of the Evidence Act provides as follows: “Whoever desires any court to give judgment as to any legal right of liability dependent on the existence of facts which he asserts, must prove that those facts exist. When a person is bound to prove the ex..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. ......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. ......gistrate on going through the case diary took cognizance and thereby has not committed an illegality. He also submits that the provision of section 191 of the Code has no manner of application in the facts and circumstances of the present case before us. 6. Admittedly accused Fazlul Karim has not..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. ......ised as an imperative rule of law in the cases of Barcelona Traction, Light and Power Co, (1970) by the World Court. 9. Before we enter upon discussion on merit the case we propose to consider the question of maintainability of this petition. In Dr. Mohiuddin Faruk, the petitioner as a public spi......er Government functionaries viz, the respondents to show cause as to why handing over of Anup Chetia alias Golap Barua to Indian Government should not be stayed. 2. This petition is founded on the facts: the petitioner is actively involved with issue of Human Rights at home and abroad. He is conc..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.
......arance and contested the case by filing a written objections and their case is that, the actual name of the petitioner-respondent is Zinnat Ali and he was never named as Abdur Rahman and the deeds in question, for which the pre-emption is sought for were executed and registered in the presence of th......e Jitendra Nath Howlader Vs. Sree Bisweewar Howlader & ors). It is submitted that this decision has followed the principle of law enunciated in 23 DLR case. The learned Advocate contends that the facts leading to the decision reported in 23 DLR and the facts of the present case before us are sim..
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. ...... by or on behalf of the donee (3) delivery of possession of the subject‑matter of the gift by the donor to the donee. 10. Whether the aforesaid conditions have been fulfilled or not are purely a question of fact and both the Courts have concurrently found, on proper consideration of evidence, 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.
......nt from time to time for appointment of Government Pleader and Public Prosecutor of the district in order to conduct the cases on behalf of the Government. Since no legal right has been violated, the question of violation of the principle, of natural justice does not arise at all. He further submits......on and other punishment. Clause 16 provides that whenever a Collector shall see cause to recommend the removal, suspension or other punishment of a Government Pleader, he shall submit a report on the facts of the case to the Legal Remembrancer through the Commissioner, and the Legal Remembrance shal..
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. ......t, 1975 and 9th April, 1979, were protected under paragraphs 3A and 18 of the 4th Schedule of the Constitution. As such, anything done by the Government in between the said period cannot be called in question in any manner whatsoever. Mr. Korban Ali further submits that Martial Law was proclaimed by......wo cases the petitioners brought several allegations 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 va..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 transmitted to the Court below without delay Ed. This Case is also Reported in: 63 DLR (2011) 23. ......ion to show that the police of Gaibandha sent the first information report case to the Durnity Daman Commission on 15-6-2005, prior to the enactment of Durnity Daman Bidhimala, 2007; and as such, the question of violation Rule 4 of the Bidhimala does not arise in this case. At last the learned Advoc......By the same Rule issuing order, all further proceeding of the above mentioned case was also stayed for a period of 6 (six) months which has been further extended from time to time. 3. The relevant facts for disposal of the Rule are that the Post Master, Head Post Off..Category: Criminal Law | Date: | Hits: 101
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....... on 5‑2‑2003, after detailed discussion held that in such cases where the Returning Officer with mala fide motive rejected the nomination paper and the writ petition is not beset with disputed question of facts, the High Court will invoke jurisdiction under Article 102 of the Constitution. ......102 of the Constitution cannot be invoked to interfere with such rejection of nomination papers by the petitioner were not rejected on political influence as alleged which will be evident from the facts that there were in total four candidates for the post of Chairman and so, respondent No.6 ha..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....... Steel Mills Limited due to intervening circumstances absolving it of the corresponding liability. It has been asserted that because of the variations of the terms of the agreement, the guarantees in question were subsequently released and returned to the plaintiff by the defendant and with that the......990 (previously Money Suit No.35 of 1989) rejecting the petitioner's application under Order 1 rule 10(2) of the Code of Civil Procedure for being added parties to the suit as defendants.
2. Short facts relevant for the purpose of the case are that, the opposite party Chittagong Steel Mills Limit..
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. ......nd the person expressly shown as the purchaser of transaction in the deed starts with the initial presumption in his favour that the apparent state of affairs is the real state of affairs. Though the question, whether a particular sale is benami or not is largely one of fact, and for determining thi......le Appeal No.15 of 1998 reversing the Judgment and decree dated 14‑1‑1998 passed by Senior Assistant Judge in-Charge, Second Court, Sadar Noakhali, in Title Suit No.69 of 1991. 2. The relevant facts for the disposal of this Rule, in short, are that the petitioner Ali Azam as plaintiff institu..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.
......Civil Court's jurisdiction “stood excluded by necessary implication" and in that connection made the observation as already quoted.
5. In Rafiqul Islam (Md.) Vs. Mustafa Kamal as cited above the question arose whether a civil suit is maintainable over an election dispute for the determination o......with the fundamental principles of judicial procedure. Mr. Ariff also referred to a decision in the case of Rafiqul Alam (Md.) Vs. Mustafa Kamal and ors. reported in 42 DLR (AD) 137. In that case the facts of the case of the Secretary of State Vs. Mask and Co. have been summarised by their Lordships..
Category: Procedural Law | Date: | Hits: 124
Abdul Goni Kha Vs. Md. Abdul Aziz Azizur Rahman and others, 1996, 25 CLC (HCD)
.... 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. ......ufructuary mortgage for a period not exceeding seven years but it was stipulated in the said agreement covering the period for 12 years from 6‑5‑60 and 30‑6‑60 for reconveyance of the land in question. 10. Under the law then prevalent on 6‑5‑60 and 30‑6‑60 the transaction could no......ete usufructuary mortgage either under section 95A of the State Acquisition and Tenancy Act or by way of a suit within 60 years from the date of accrual of his right for redemption but in the instant facts and circumstances of the case the transaction cannot be said to be alive and subsisting on the..Category: Property Law | Date: | Hits: 114
Talebur Rahman alias Taleb and 2 others Vs. State, 1994, 23 CLC (HCD)
....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. ......e arms and ammunition kept in the court were not recovered and seized from the grocery shop. He could not say wherefrom the seizure list witnesses were called and whether the shop owner was asked any question regarding the seized arms. 5. P.W.4 Kamrun Nahar Chowdhury was the ASI attached to Mirpu......e police out of fear of the accused or their men or being gained over or for various other reasons depose falsely in favour of the accused to save the offender from legal punishment. Depending on the facts and circumstances of each case a judge certainly may disbelieve a witness of search and seizur..Category: Criminal Law | Date: | Hits: 74
....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.......10 percent of the amount of the award of the Deputy Commissioner. We reject the submission on the ground that the proviso was inserted by Act 20 of 1994 effective from 1‑12‑94 whereas the land in question was acquired in the year 1967‑88. It is an universal law that a retrospective operation i......onship of the purchasers with the applicant irresistibly proved the collusive and fraudulent nature of the sale deeds. We, therefore, hold that the learned Arbitrator committed error, both in law and facts, in considering the sale deeds.
16. In the Arbitration case concerning the Civil Revision N..
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. ......Kabir, Advocate - For the Opposite Parties. Civil Miscellaneous Case No. 7 of 2008. Judgment Syed Md. Ziaul Karim J.- This Rule, at the instance of defendant respondent petitioner calls in question the legality and propriety of judgment and order dated 26-8-2008 passed by learned Distri......e 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 Court of Joint District Judge..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.......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.......ained prior permission of authority concern and the trap was done in accordance with law and there is no violation of rule 16(2) of the Anti-Corruption Commission Rule and he further submits that the facts and circumstances of the case as well as the evidence well proved the recovery of marks note f..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.......tent with the report of the Technical Committee which was taken into consideration carefully by the Board of Directors of the Security Printing Corporation (Bangladesh) Limited. According to him, the question of considering the award of contract to respondent No.8 as null and void does not arise at ......ds of the 7 participants wore opened after treating their technical offers as acceptable. He has submitted that the principle as laid down in ETV’s case is not applicable in the present case as the facts are distinguishable. He has pointed out that in ETV’s case no reason could be shown for acce..Category: Others | Date: | Hits: 174
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