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Advocate Md. Abdul Hamid Vs. Md. Fazlur Rahman, 1997, 26 CLC (HCD)
....hearing the learned Advocate for the petitioner, we find no merit in this application. So, this application is rejected summarily. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 441. ......hearing the learned Advocate for the petitioner, we find no merit in this application. So, this application is rejected summarily. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 441. ......dian Supreme Court has held that such power of amendment is not available to the Election Tribunal and the petition was rightly dismissed for non-joinder of the parties who are necessary parties. The facts mentioned in the case and the facts of the case before us are distinctly different. On the sam..Category: Election Law | Date: | Hits: 247
Government of Bangladesh and others Vs. Jahangir Alam & others, 2011, 40 CLC (AD)
....n law but is just in fact. In the result, all the appeals are dismissed but without any order as to costs. Ed. This Case is also Reported in: 17 BLC (AD) (2012) 115; 32 BLD (AD) (2012) 145. ......n in writ Petition No.4040, 7081, 7963 and 8880 of 2007). Judgment ABM Khairul Haque CJ. - These appeals are all heard together and disposed of by a single judgment since those involved similar questions of fact and law. 2. These appeals involve the question as to whether the work-charged t......le. iii) There was a failure on the part of the concerned authority to act fairly in taking the decision, iv) The expectation to be crystallized into a legitimate one, it must be based on clear facts and circumstances leading to a definite expectation and not a mere anticipation or a wish ..Category: Employment/Service Law | Date: | Hits: 208
Md. Zahurul Islam Vs. Deputy Commissioner, Kushtia and others, 2012, 41 CLC (AD)
....amount. 'Ka' schedule land is the khas land of the Government and therefore, the plaintiff was not entitled to any compensation or value of the same. 5. The case of the other defendants was almost identical. Their cases were that the plaintiff was a litigant person. He sold 'Ka' schedule land by ......ernment, Palli Unnayan and Samabaya dated 23-4-84 to the Upazila Nirbahi Officer, Kushtia Sadar. 14. Let us examine these Exhibits. In the Audit report, it has been stated that the cattle hat in question was established as per resolution of the Union Parishad and a committee was constituted f......infirmity in the judgment and decree of the High Court Division in dismissing the suit. Accordingly, the leave petition is dismissed. Ed. This Case is also Reported in: 17 BLC (AD) (2012) 106. ..Category: Property Law | Date: | Hits: 105
Mahmudul Huq Vs. Mst Golap Bia & others, 1988, 17 CLC (HCD)
....cussions above, I do not find any substance in this appeal. In the result, this appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 314. ......7.75. 5. Mr. Farmanullah Khan submits that the trial Court dismissed the suit on the point of limitation and as the lower appellate Court found that the Munsif committed some error in deciding the question of limitation it committed an error of law in dismissing the appeal on merit without sendin......ry to establish a benami transaction were found against the plaintiff and it came to the finding that the plaintiff failed to prove his title to and possession in the disputed land. These findings of facts can hardly be assailed in Second appeal. The learned Advocate for the appellants could not poi..Category: Property Law | Date: | Hits: 86
Abul Basar Sowdagar Vs. Aminul Huq & others, 1989, 18 CLC (HCD)
....l. I confirm the judgment and decree passed by the lower appellate Court and dismisses this appeal. There will be no order as to costs. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 312.......t the lower appellate Court did not consider the evidence of D.Ws. and without considering the evidence of such witnesses illegally reversed the finding of the trial Court. In this appeal the precise question that falls for determination is whether Md. Wali had one wife or two wives. The finding on ......support of his contention that the High Court will interfere with the finding of the lower appellate Court where the finding of the lower appellate Court, is the result of misreading of evidence. The facts of that case are quite distinguishable and the decision has little application to the present ..Category: Property Law | Date: | Hits: 103
State Vs. Mohammad Salim, 2010, 39 CLC (HCD)
....005 is accordingly disposed of. Let the lower Court's records along with a copy of this judgment be transmitted to the trial Court. Ed. This Case is also Reported in: 15 BLC (HCD) (2010) 99. ......005 is accordingly disposed of. Let the lower Court's records along with a copy of this judgment be transmitted to the trial Court. Ed. This Case is also Reported in: 15 BLC (HCD) (2010) 99. ......ce of murder of the deceased in an imbalanced state of mind which was not pre-planned and coldblooded and that after committing the offence the convict also became senseless and fell down. He, in the facts and circumstances of the case, submits that as the offence of committing murder was not cold-b..Category: Criminal Law | Date: | Hits: 118
One Bank Ltd. Vs. Government of Bangladesh and others, 2009, 38 CLC (HCD)
.... granted at the time of issuance of the Rule and extended subsequently is hereby recalled and vacated. There is no order as to costs. Ed. This Case is also Reported in: 15 BLC (HCD) (2010) 91.......ndent No. 7 upon getting valid papers and to inform the SEC within five days of issuance of the letter. By a letter dated 3-1-2007, the petitioner-company informed respondent No. 3 that the matter in question would be placed before its Board of Directors at its meeting scheduled to be held by the en......legal effect and (iv) why the serving of the show cause notice dated 22-1-2007 (Annexure-S) on the petitioner-company by respondent No. 3 shall not be declared to have been done unlawfully. 2. The facts leading to the issuance of the Rule Nisi, in brief, are: The petitioner is a public limited..Category: Business or Commercial Law | Date: | Hits: 237
Gadu Mia & others Vs. State, 1991, 20 CLC (HCD)
....ted from the charge levelled against them and they shall be set at liberty forthwith if not wanted in connection with any other case. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 246. ......mediately after the occurrence. Therefore, the undocumented oral dying declaration of the victim and the evidence of P.W.2 Aktar Hossain are very material for the purpose of this case. 9. Now, the question as has been raised as to whether the P.W.2 Aktar Hossain being aged about 11 years at the t...... of Criminal Procedure, is that they are innocent and have been falsely implicated in this case out of enmity. The learned Additional Sessions Judge on consideration of the evidence on record and the facts and circumstances of the case found all the accused appellants guilty under sections 302/34 of..Category: Criminal Law | Date: | Hits: 106
State Vs. Dr. Md. Nurul Islam, 2011, 40 CLC (HCD)
.... a copy of this judgment and order, be sent to the concerned Court below for information and necessary action at once. Md. Emdadul Haque Azad J. - I agree. Ed. This Case is also Reported in: ......order of conviction and sentence and there is no reason to interfere with the same and that the Death Reference should be confirmed and the Appeal as well as the Jail Appeal be dismissed. The real question that calls for determination in this case is, whether the impugned judgment and order of co......ght and possession of the Shyamahar Dighi hatched up this case on false allegations and that the accused persons were quite innocent. 6. The learned Additional Sessions Judge having considered the facts, circumstances and evidence on record vide impugned judgment and order convicted 19 accused in..Category: Criminal Law | Date: | Hits: 104
State Vs. Md. Saiful Huq @ A. Saiful and 6 others, 2012, 41 CLC (HCD)
....Send down the Lower Court Records with a copy of this judgment and order at once for information and necessary action. Md. Emdadul Haque Azad J. - I agree. Ed. This Case is also Reported in: ...... 12 and inquest report Ext. 2, as well as the statement of P.W. 1, P.Ws. 2-8 and the averments made in the F.I.R. the location of the exact place of occurrence as to where Ratan was murdered calls in question. In this connection, Ashraful, a relative of the deceased Ratan, who, according to P.W. 12 ......nable doubt. 31. In the instant murder case, testimony of the witnesses 2-8, who are claimed to have witnessed the occurrence and recognized the accused persons, in view of the above discussion of facts, appear to us to be of dubious nature and, thus, their claim to such effect looks askance at. ..Category: Criminal Law | Date: | Hits: 93
Abdul Mannan Sikder Vs. Matilal Dhupi and others, 1998, 27 CLC (HCD)
.... months from the date of receipt of this order, without granting adjournments to the contending parties except on compelling reasons. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 403. ......ed an application under Order 9 rule 9 read with section 151 of the Code of Civil Procedure praying for setting aside the dismissal of the suit for default on the ground that the show-cause notice in question did not specify the steps they were required to take and they were thus confused about thei......l Procedure and the same has occasioned failure of justice. The learned Advocate for the petitioner further submits that the learned Munsif erred in law in failing to apply his judicial mind into the facts and circumstances of the case and the same has resulted in error in the impugned decision occa..Category: Procedural Law | Date: | Hits: 87
Pranajit Barua Vs. State and another, 1998, 27 CLC (HCD)
....in Chittagong District Jail is declared illegal. Let him be set at liberty forthwith if not wanted in connection with any other case. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 399. ......Powers Act is a law which provides for preventive detention. 7. In the case of Md. Suba Miah and another Vs. Government of Bangladesh (Criminal Misc Case No. 818 of 91) disposed of on 13-2-92 this question was raised and one of us who was a party to that judgment differed with the Presiding Judge......in Chittagong District Jail is declared illegal. Let him be set at liberty forthwith if not wanted in connection with any other case. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 399. ..Category: Criminal Law | Date: | Hits: 72
Shainpukur Holding Ltd. Vs. Security Exchange Commission, 1997, 26 CLC (HCD)
....the criminal proceedings pending before the CMM Dhaka. In the result, the References are rejected and order of stay stands vacated. Ed This Case is also Reported in: 50 DLR (HCD) (1998) 291. ...... another person. He contended that when there was a letter of authority before the CMM authorising the said officer to present the report and he was satisfied about the same for taking cognizance the question whether such authorization was valid or not is a question of fact and cannot be decided in ......th fine which may extend to five lakh taka or with both and section 25 thereof provides that “No Court shall take cognizance of an offence under this Ordinances except on a report in writing of the facts constituting the offence by an officer authorised in this behalf by the Commission (substitute..Category: Business or Commercial Law | Date: | Hits: 219
Chittagong Port Authority Vs. Md. Ishaque and others, 1983, 12 CLC (AD)
....nstruction of the sections may not necessarily be taken as approved. In the result therefore this appeal is dismissed with costs. Ed. This Case is also Reported in: 35 DLR (AD) (1983) 364.......an amount of Tk. 12,000/- as compensation for non-delivery of six cases of umbrella cloth. The simple case of the plaintiffs was that he imported 6 cases of umbrella cloth from Japan. The vessel in question arrived at Chittagong Port on 15.7.64 and discharged her cargo. The plaintiffs' consignme......nstruction of the sections may not necessarily be taken as approved. In the result therefore this appeal is dismissed with costs. Ed. This Case is also Reported in: 35 DLR (AD) (1983) 364...Category: Civil Law | Date: | Hits: 112
Bangladesh Vs. Dr. Nasiruddin, 1983, 12 CLC (AD)
....this appeal is allowed and the judgment and order of the Courts below are set aside and the plaintiff's suit is dismissed. No costs. Ed. This Case is also Reported in: 35 DLR (AD) (1983) 359. ......then came to the conclusion that under section 10 of the Public Conduct (Scrutiny) Ordinance, 1959, though the order of finding by an appointing authority or Screening Committee cannot be called in question but the ruling in Zafrul Ahmed's case, 12 DLR (SC) 9 will be attracted and such finding by ......this appeal is allowed and the judgment and order of the Courts below are set aside and the plaintiff's suit is dismissed. No costs. Ed. This Case is also Reported in: 35 DLR (AD) (1983) 359. ..Category: Employment/Service Law | Date: | Hits: 196
Md. Zahir Abdullah Khan @ Zahir Abdullah Khan & others Vs. Abdul Latif & others, 1983, 12 CLC (AD)
....d. Judgment and decree of both the Courts below are set aside and the plaintiffs' suit is dismissed. There will be, however, no costs. Ed. This Case is also Reported in: 35 DLR (AD) (1983) 354. ...... the Subordinate Judge, 1st Court, Comilla in Title Suit No.155 of 1978. 2. Certain facts are admitted. The plaintiff was inducted by the Brahman Baria Pourashava as a tenant in the shop-room in question in June, 1966 at a monthly rent of Tk. 44/-. This land was taken by the Brahman Baria Munic...... order passed by a Division Bench of the High Court Division in F.A. No.61 of 1979 modifying the decree passed by the Subordinate Judge, 1st Court, Comilla in Title Suit No.155 of 1978. 2. Certain facts are admitted. The plaintiff was inducted by the Brahman Baria Pourashava as a tenant in the ..Category: Property Law | Date: | Hits: 99
....ge and that of the High Court Division are set aside and the judgment of the trial Court restored. There will be no order as to costs.
Ed.
This Case is also Reported in: 35 DLR (AD) (1983) 338.
......t of the cost of improvement in the case land. The appellant unsuccessfully moved the High Court Division in revision, and there after obtained leave from this Court. Leave was granted to examine the question whether after creation of a new tenancy by amalgamation and consolidation of holdings the r......ame as a Court of appeal, while dealing with the application under section 96 of the Act for pre-emption."
13. The principle of law laid down in the above noted case may be fully reiterated in the facts of the present case. The learned Judge also made a mistake in not taking into consideration th..
Category: Property Law | Date: | Hits: 128
Nasiruddin Ahmed Pintu (Md.) Vs. State, 2010, 39 CLC (HCD)
....se No.15 of 2007 pending in the 1st Court of the Special Judge, Dhaka, is hereby recalled. The case will proceed in accordance with law. Ed. This Case is also Reported in: 63 DLR (HD) (2011) 214.......ion of the petitioner, who was the member of the Parliament of that area and accordingly the petitioner as per Government Circular merely recommended for allotment of the CI sheets to the mosque in question, which was affected in a natural disaster and as such the allegations against the petitione......2) of the Prevention of Corruption Act, 1947, pending in the 1st Court of Special Judge at Sher-e-Bangla Nagar, Dhaka, so far as it relates to the accused-petitioner, should not be quashed. 2. The facts relevant for disposal of the Rule, in short, are that Md. Shah Jalal, Sub-Inspector of Police ..Category: Criminal Law | Date: | Hits: 230
Sayeed Ahmed Chowdhury and others Vs. SM Zahidul Islam (Zahid) & another, 2011, 40 CLC (HCD)
....eby quashed. The order of stay granted earlier is hereby vacated. Communicate the order once. Send down the LCR. Ed. This Case is also Reported in: 63 DLR (HCD) (2011) 212. ......eby quashed. The order of stay granted earlier is hereby vacated. Communicate the order once. Send down the LCR. Ed. This Case is also Reported in: 63 DLR (HCD) (2011) 212. ......eby quashed. The order of stay granted earlier is hereby vacated. Communicate the order once. Send down the LCR. Ed. This Case is also Reported in: 63 DLR (HCD) (2011) 212. ..Category: Labour and Industrial Law | Date: | Hits: 201
Dr. Kamal Hossain and others Vs. State, 2010, 39 CLC (HCD)
....gment be sent to the Ministry of Home Affairs and the Inspector General of Police. Ed. This Case is also Reported in: 63 DLR (HCD) (2011) 204; 16 MLR (HCD) (2011) 343; 30 BLD (HCD) (2010) 400. ......thout embarking upon any inquiry as to the evidence in the case and, as such, the charge sheet is also manifestly and clearly inconsistent with the earlier first information reports and there is no question of appreciating the evidence to conclude that the first information report and charge sheet...... law of the country and acted malafide and submitted charge sheet in the case in hand, which was recorded after commencement investigations in earlier three police cases originated from the self same facts. 23. On meticulous examination of the materials on record, we hold that Barrister Omar Sa..Category: Criminal Law | Date: | Hits: 132
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