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Nrependra Nath Saha and anothers Vs. Haripada Saha & another, 2009, 38 CLC (HCD)
....e is made absolute. The Judgments and decrees of the Courts below are hereby set aside. Send down the lower Court records at once. Ed. This Case is also Reported in: 62 DLR (HCD) (2010) 438. ...... 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 aside to ensure justice. In course of his argument the learned Advocate for..Category: Property Law | Date: | Hits: 83
Abu Bakkar Siddique (Md.) and others Vs. Md. Abdur Rab Khandaker & others, 2010, 39 CLC (HCD)
....Mahatab, the learned Advocate appearing on behalf of the petitioner submits that both the Courts below without applying their judicial mind and without considering the facts and circumstances and provision of law most illegally and in an arbitrary manner decreed the suit and thereby the Courts b......fendant No.1 informed the plaintiffs that he would not execute sale deed if another Taka 20,000 were not paid to defendant No.1; that the plaintiff sent a legal notice to defendant No.1 through their lawyer on 16-3-1993 but no response was made; that finding no other alternative the plaintiffs filed..Category: Property Law | Date: | Hits: 90
Kartic Das Gupta Vs. Election Commission and others, 2011, 40 CLC (HCD)
....লাকা”; whereas rule 4 of the said Rules means “ভোটার এলাকা”. Accordingly, he argues that no such voter list has been prepared by the Commission in compliance of said provision of law. Hence, holding of Paurashava election of the respective Paurashava of Cox's Baza......cate - For the added respondent No. 9. (In Writ Petition No. 9748 of 2010) Writ Petition No.9748 of 2010 with Writ Petition No.601 of 2011. Judgment Farah Mahbub J.- Since common question of law and facts are involved in both the Writ Petitions as such those have been heard together and are..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. ...... about absconding accused by the lower court. Case record was then sent to Court of Sessions Chandpur. It was registered as S/C 8/89. 6. One Mr. Tousar Rahman, Advocate was appointed State defence lawyer for all absconding accused. Charge under section 302 Penal Code was framed against accused Ab..Category: Criminal Law | Date: | Hits: 97
Hasina Khatoon and another Vs. Md. Samsur Rahman and others, 1997, 26 CLC (HCD)
.... to how the opposite parties could be prejudiced if the prayer for amendment of the pleadings by addition of a party was allowed. Since the superior courts of the Sub-continent always interpreted the provisions of Order VI rule 17 and Order 1 rule 10(2) CPC liberally in allowing amendments even at a...... to the proceeding by way of amendment of the petition will not in any way prejudice the opposite parties by putting any impediment in their defence and, as such, the learned Assistant Judge erred in law in rejecting the petitioner’s application for amendment of the pleadings by way of addition of..Category: Property Law | Date: | Hits: 94
Shamsul Huq Chowdhury Vs. Justice Md. Abdur Rouf & others, 1995, 24 CLC (HCD)
....ay enquire whether a person holding of purporting to hold any public office is holding it under legal authority. The writ of quo warranto will issue where there is a clear violation of constitutional provision or any other provision having the force of law. A person will be found to hold office with......ge 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-General having alr..Category: Constitutional Law | Date: | Hits: 353
....Mahmudul Amin Choudhury J) was a party, where it has been held that the Artha Rin Adalat Ain is a special law under which Courts have been constituted with their own forum of appeal. By analysing the provisions of section 5(4) and (5), it cannot be found that an Artha Rin Adalat is an ordinary civil......C) Proprietor Mahtabuddin Choudhury and another Vs. Agrani Bank) in which decision one of us (Mahmudul Amin Choudhury J) was a party, where it has been held that the Artha Rin Adalat Ain is a special law under which Courts have been constituted with their own forum of appeal. By analysing the provis..
Category: Civil Law | Date: | Hits: 135
Shahidullah and others Vs. Lutfur Karim and others, 1997, 26 CLC (HCD)
.... document existed which purported to be a will and from which a copy was taken: Held: that the evidence of loss of the original will which was not seen for many years was sufficient to satisfy the provisions of section 65, Evidence Act, so as to make copy admissible.” It was further held: ......on of the suit land to the full knowledge of the plaintiffs and there had not been any forgery and false personation in the execution and registration of the kabala and the suit is also barred by the law of limitation and accordingly, the suit is liable to be dismissed with cost. 5. The learned A..Category: Procedural Law | Date: | Hits: 103
Hifzur Rahman and 2 others Vs. State, 1995, 24 CLC (HCD)
....y inquiry is a must before taking cognizance in a case of such nature. 4. Mr. Shawkat Ali Khan also argued that the Magistrate committed illegalities in taking cognizance without compliance of the provision of section 191 of the Code of Criminal Procedure. 5. The learned Assistant Attorney-Gen...... of Derai Bazar for purchase of some sweets at the instance of Abul Kashem but he returned without the sweets and accused Abdul Kashem also asked him for making preparation for going to his father-in-law’s house by the boat and thereafter accused Abul Kashem, Chiranjib Pal and victim Zainal Abedin..Category: Criminal Law | Date: | Hits: 102
Saiful Islam Dilder Vs. Government of Bangladesh and others, 1998, 27 CLC (HCD)
....he member states of the United Nation to help people struggling for freedom and liberation. He next contends that extradition of Chetia to India in absence of any extradition treaty would violate the provision of Article 145A of the Constitution of the People’s Republic of Bangladesh. His last con......Addis Ababa in the presence of 17 African Heads of State, that the United Nations “had widened the concept of the right of self-determination and independence, so as to cover the recognition of the lawfulness of the struggle carried on by such nations for the exercise and enjoyment of that right i..Category: Constitutional Law | Date: | Hits: 421
...., we intend to dispose of the first objection that has been raised by Mr. Khondker Mahbuddin Ahmed on mis-joinder of causes of action. For proper appreciation of the whole matter let us look into the provision of section 24(1) of the Non-Agricultural Tenancy Act.
“24. (1) If a portion or share ......pposite parties 1-3 instituted CR Case Nos. 342 and 346 of 1984 before the Upazila Magistrate, Chandpur Sadar alleging that those deeds were executed and registered by the mother, brother, brother-in-law and sister of the petitioner by false personation during the minority of the vendor. It is the f..
Category: Property Law | Date: | Hits: 113
Samir Ali (Md.) and others Vs. Md. Atiar Rahman Dafadar and others, 1996, 25 CLC (HCD)
.... Revocation of gifts.- (1) A gift may be revoked by the donor at any time before delivery of possession. The reason is that before delivery there is no completed gift at all. 2. Subject to the provisions of sub‑section (4), a gift may be revoked even after delivery of possession except in t......to flour by grinding; (h) when the donor has received something in exchange (iwaz) for the gift. 3. A gift may be revoked by the donor, but not by his heirs after his death. It is the donor’s law that will apply to revocation and not that of the donee. (4) Once possession is delivered, no..Category: Property Law | Date: | Hits: 85
....ving 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 Manual.
3. An affidavit-in-opposition has been filed on behalf of the respon......t Pleader of Dhaka and appointment of respondent No.4 as Government pleader of Dhaka vide Annexure-A to the writ petition should not be declared to have been made and passed illegally and without any lawful authority (a per order dated 6-11-96).
2. It is the case of the petitioner that he was enr..
Category: Others | Date: | Hits: 212
Shahriar Rashid Khan and another Vs. Bangladesh, 1997, 26 CLC (HCD)
....der section 6 of the General Clauses Act and such effect, consequence, benefit, result and legal right derived from the aforesaid Indemnity Ordinance of 1975 cannot be taken away without amending the provisions of paragraphs 3A and 18 of the 4th Schedule of the Constitution as per Article 142 of the......the Constitution and are of no legal effect and as to why the Dhanmondi PS Case No.10 (10)/1996 dated 2‑10‑96 and Lalbagh PS Case No.11 (11)/75 dated 4‑11‑75 should not be declared illegal, unlawful and void. 3. In Writ Petition No.5321 of 1996 Colonel (Retd.) Shahriar Rashid Khan is the ..Category: Criminal Law | Date: | Hits: 202
Habibur Rahman Mondal (Md.) and others Vs. State and another, 2010, 39 CLC (HCD)
....েত্রে” does not mean initiation of a criminal case by lodging first information report which is an absurd proposition. Moreover, it is clear from the last sentence of the aforesaid provision of law that sanction is necessary at the time of submitting investigation report to the ......” does not mean initiation of a criminal case by lodging first information report which is an absurd proposition. Moreover, it is clear from the last sentence of the aforesaid provision of law that sanction is necessary at the time of submitting investigation report to the Court; and wi..Category: Criminal Law | Date: | Hits: 101
Shahajada Talukder Vs. Election Commissioner and others, 2003, 32 CLC (HCD)
....hat (a) the candidate is not qualified to be elected as member or Chairman as the case may be; (b) the proposer or the seconder is not qualified to subscribe to the nomination paper, (c) any provision of rule 11 or rule 12 has not been complied with; or (d) the signature of the proposer ......learned Assistant Attorney‑General appearing for resoondent Nos.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 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.......is Court and obtained the present Rule.
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 t..
Category: Civil Law | Date: | Hits: 101
Ali Azam Vs. Md. Majibullah, 2002, 31 CLC (HCD)
..... 3. The defendant contested the suit by filing a written statement denying all the material allegations contending that the suit is not maintainable; it is barred by limitation and also barred by provision of waiver, estoppel and acquiescence. His specific case, in short, is that father of the p......vant and there was a bar to purchase the land in his own name, so, in order to conceal his name he purchased the suit land in the name of his brother, the defendant. Then plaintiff failed to show any law to substantiate his claim that there was any bar to purchase any land in the name of a public se..Category: Property Law | Date: | Hits: 103
.... authority. The allegations that have been made in the plaint are that the plaintiff is the Secretary of the society and he was elected as such in the election held on 29‑11‑1997 according to the provision of the Co‑operative Societies Ordinance, 1984 and the Rules made thereunder and the by......tle Suit No.238/99 in the 1st Court of Assistant Judge, Dhaka against the present petitioner and others for declaration that the election of the society held on 13‑12‑1997 is illegal, without any lawful authority and void and that the Execution Committee constituted by the defendant is void and ..
Category: Procedural Law | Date: | Hits: 124
Abdul Goni Kha Vs. Md. Abdul Aziz Azizur Rahman and others, 1996, 25 CLC (HCD)
....of such consideration, shall notwithstanding anything contained in the document relating to the transfer, be deemed to be a completed usufructuary mortgage for period not exceeding seven yews and the provisions of section 95 shall apply to such transfer whether made before or after the date of comme......id as the plaintiff is not a signatory to the alleged deed of reconveyance and that the alleged executants the defendant Nos.1 and 2 had no interest in the suit and the court of appeal below erred in law in not holding that the transaction is an out and out sale inasmuch as, even if the same is a co..Category: Property Law | Date: | Hits: 114
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