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Abu Saber Aziz Mohammad and others Vs. Government of Bangladesh and others, 1976, 5 CLC (AD)
....settle the disputed lands with the appellants, that the said lands were cultivated by the bargadars of respondents No 2 to 4, that these lands were subsequently acquired by the GovernÂment under the provisions of East Bengal State Acquisition and Tenancy Act and that the Government had been in poss......m of settlement of Schedule A had failed and also because of the provisions of Presidents' Order No.137 of 1972 under which the right of accretion granted to the private individuals under the general law was purported to have been taken away. It having been argued before the High Court Division that..Category: Property Law | Date: | Hits: 75
Abdul Mannan and others Vs. Kulada Ranjan Mowali and others, 1977, 6 CLC (AD)
....ons 86 and 87 of the State Acquisition and Tenancy Act by President's Orders No.72, 135 and 137 of 1972 the contesting defendants filed an application for abatement of the suit under the said amended provisions of sections 86 and 87 of the State Acquisition and Tenancy Act. While disposing of the sa......reciate that the right to reformation in situ and the right of accretion are two distinct rights of different nature and it will be appropriate for the said purÂpose to follow the development of the law relaÂting to the said two rights in the light of their legislative history. 13. There has be..Category: Property Law | Date: | Hits: 133
Abdul Hannan Vs. Election Tribunal, Cox's Bazar, Chittagong & another, 1979, 8 CLC (AD)
....toral roll is required to be entered in a list called "tendered voters list" (Rule 36). S. A. Rahman, J considered the position of such tendered votes and observed: "It is clear that under this provision the vote of a person given in tendered ballot paper cannot be counted immediÂately at the......en mateÂrially affected" and therefore, directed the reÂ-election. This view of the Tribunal was upÂheld by the High Court Division on the ground that to do otherwise is to violate the sanction of law for maintainÂing secrecy of the voting in election and cited a decision reported in 17 DLR (196..Category: Election Law | Date: | Hits: 163
Md. Akram Ali Pk. and others Vs. Md. Yasin Ali and others, 2012, 41 CLC (AD)
....wing amendment is restored. The trial Court is directed to dispose of the suit as expeditiously as possible. Ed. This Case is also Reported in: 17 BLC (AD) (2012) 135; 17 MLR (AD) (2012) 242. ......f plaintiffs’ easement right. The finding of the High Court Division that the nature and character of the suit would be changed by the amendment without elaboration of its finding cannot sustain in law. Amendment is always necessary to determine the real question of controversy between the parties..Category: Procedural Law | Date: | Hits: 100
M Fransis P Rojario alias Babu Vs. State, 2009, 38 CLC (HCD)
.... We have heard the submissions of the learned Advocates and perused the first information report annexed with the application for quashment. 9. Before we proceed with the case we like to quote the provision of section 561A of the Code of Criminal Procedure to examine its scope which runs as follo...... general members of The Metropolitan Christian Cooperative Housing society Ltd. (shortly the Society). He submits that the accused petitioners transferred the land according to the constitution and bylaws of the Society and approved by the Registrar of Cooperative Society. He referring to sections 8..Category: Criminal Law | Date: | Hits: 86
Salahuddin Ahmed Vs. State, 2009, 38 CLC (HCD)
....t of this Judgment by the lower Court, and pray for regular bail. Send a copy of the Judgment and order to the Court below at once. Ed. This Case is also Reported in: 62 DLR (HCD) (2010) 351.......son is that a criminal case actually starts from the date of taking cognizance and issuance of the process. Before cognizance is taken, there is virtually no pending criminal proceeding in the eye of law. So a non-existent criminal proceeding cannot be subject matter of quashment. In this respect, r..Category: Criminal Law | Date: | Hits: 61
Jahangir Alam Chowdhury (Md.) Vs. Zabun Nahar Chowdhurani and other, 2008, 37 CLC (HCD)
....is Court at the time of issuance of the Rule is hereby vacated. Lower Courts record be sent down at once with a copy of the Judgment. Ed. This Case is also Reported in: 62 DLR (HCD) (2010) 322. ......rabia through Government and served there for a long time with the satisfaction of the authority by high paid salary. He did not acquire any foreign decree as alleged by the defendants. The father-in-law of plaintiff Dr. Md. Jahangir Alam Chowdhury advised him through different letters not to send m..Category: Family Law | Date: | Hits: 167
Nurun Nabi (Md.) Vs. Md. Abu Taher Khan and another, 2009, 38 CLC (HCD)
....ee, (the complainant), within 30 days of receiving the notice of demand, as stipulated in clause (c) of sub-section (1) of section 138, cause of action has arisen to lodge a complaint petition as per provision of section 141(1) of the Negotiable Instruments Act and a complaint has accordingly been f......earing for the accused-petitioner mainly submits that the complainant having served single notice dated 19-4-2007 for 3(three) cheques, hence the proceedings initiated thereupon is not sustainable in law and that the continuation of the said proceedings under section 138 of the Negotiable instrument..Category: Criminal Law | Date: | Hits: 86
Khalil @ Khalilur Rahman and others Vs. State, 2008, 37 CLC (HCD)
....tion and sentence is affirmed and he will get benefit of section 35A of the Code of Criminal Procedure. Send down the LCR at once. Ed. This Case is also Reported in: 62 DLR (HCD) (2010) 309. ......f independent witnesses and that the prosecution failed to prove the case against the accused beyond all reasonable doubt and that the impugned Judgment and order of conviction and sentence is bad in law as well as on fact and, as such, the impugned Judgment and order is liable to be set aside. 1..Category: Criminal Law | Date: | Hits: 116
Atahar and others Vs. State, 2007, 36 CLC (HCD)
....ny other case and accused appellants Mutahar and Sohrab be discharged from their respective bail bond. Send down the LCR at once. Ed. This Case is also Reported in: 62 DLR (HCD) (2010) 302. ...... convicting and sentencing the accused appellants under sections302/34 of the Penal Code. 17. To appreciate the legality and impropriety of the impugned Judgment, it is necessary to scrutinize the law and evidence relating to the facts of the case. 18. The allegation against the accused appell..Category: Criminal Law | Date: | Hits: 66
Momena Khatun and othÂers Vs. Hussain Fabrics Ltd. and others, 2010, 39 CLC (HCD)
....lier at the time of issuance of rule is here by vacated. Communicate this order at once. Sent down the lower Court records at once. Ed. This Case is also Reported in: 63 DLR (HD) (2011) 66.......oral and documentary annexed with the application by sending the suit back on remand. 10. At first we are very sorry to mention that the learned Judge delivered the judgment not in accordance with law. The plaintiffs in order to prove their case produces before the Court number of docÂuments inc..Category: Property Law | Date: | Hits: 78
....fendant No. 5 vested in the Government and the Government placed it under the Trust with all its assets but not the liabilities which are required to be determined by a prescribed authority under the provision of Article 9 of President's Order 16 of 1972. The defendants further pleaded that the defe......ndents to show cause as to why the impugned judgment and decree dated 14‑5Â-02 (Annexure D) passed by the respondent No. 1 in Title Suit No. 165/01 should not be declared to have been made without lawful authority and is of no legal effect.
2. The facts as stated in the writ petition are that,..
Category: Property Law | Date: | Hits: 173
Hanif Shaikh (Md) Vs. Government of BanglaÂdesh and others, 2004, 33 CLC (HCD)
....re thereto, submitted that the newspaper "Dainik Uttarbanga Barta" is the only newspaper published from Natore after obtaining declaration from the respondent No. 2 on 4‑5‑1997 complying with the provisions of the Printing Presses and Publications (Declaration and Registration) Act, 1973, and th......€‘4/02/423 dated 4‑7‑2002 passed by the respondent No. 2 cancelling the declaration of "Dainik Uttarbanga Barta" evidenced by Annexure E to the writ petition, should not be declared to be without lawful authority and of no legal effect. The Rule has been opposed, but no affidavit-in-oppositio..Category: Information Technology Law | Date: | Hits: 282
AKM Abdullah Harun Vs. Additional District Judge and others, 2001, 30 CLC (HCD)
....aggrieved by any decision or order of the Administrator in this behalf may, within three months from the date of such decision or order, submit a petition to the District Judge in accordance with the provision of sub‑section (1) of section 35, and if such a petition is filed, the provision of sect......‘2001 (Annexure‑B to the petition) passed by the Additional District Judge, Court No. 2, Jessore in Miscellaneous Judicial Case No. 23 of 1990 should not be declared to have been passed without any lawful authority. 2. The petitioner's case, in short, is that one Mosammat Nurjahan Begum mother ..Category: Trust/Waqf Law | Date: | Hits: 153
Ruhul Amin Kha Vs. State, 2004, 33 CLC (HCD)
....nÂ-charge of the police station obtains further evidence, oral or documentary, he shall forward to the Magistrate a further report or reports regarding such evidence in the form prescribed; and the provision of sub‑section (1) to 3(A) shall, as far as may be, apply in relation to such report or...... to withdraw those cases proved unsuccessful the accused became infuriated. On the date of occurrence the informant and his sister Shamima Nasrin after making election campaign for his brother‑in‑law came back at night and slept with said two witness Nos. 2 and 3 (Shamima Nasrin and Sultana Razi..Category: Criminal Law | Date: | Hits: 64
Zahidul Hasan (Md) and others Vs. State, 2004, 33 CLC (HCD)
.... report. Section 25B of the Special Powers Act does not prohibit carrying of Bangladesh currency of whatever the amount might be, from one place to another inside Bangladesh. It has not also made any provision for rendering any explanation about the source of such money. In this particular case ther......ed. The Deputy Commissioner, Sylhet is directed to make arrangement to return the money. Communicate the order to the Courts below at once. Ed. This Case is also Reported in: 56 DLR (2004) 630. ..Category: Criminal Law | Date: | Hits: 70
....alia, that the respondent No. 2 had no managerial or administrative function and he had been a technical and skilled hand, as such, the management dealt with him and treated him as a worker under the provision of Employment of Labour (Standing Orders) Act, 1965. The respondent No. 2 worked in Aziz M...... wages and Eid bonus on 8‑2‑1997 and for causing loss of the Company's property charge was framed under section 17(3) of the Act and he was asked to show cause within 3 days as required under the law and the reply of the respondent No. 2 was not satisfactory and the matter was inquired into by t..
Category: Labour and Industrial Law | Date: | Hits: 188
National Life Insurance Company Ltd. Vs. Controller of Insurance, 2002, 31 CLC (HCD)
....te its compliance. In the meantime, the Company has passed special resolutions amending Articles of Association inserting Article 52 and 52A requiring directors to be appointed in accordance with the provisions of sections 48(1), 48BB read with section 48B of the Insurance Act. Thereafter, the respo...... the respondent to show cause as to why the Memo dated 11‑3‑1999 by the respondent imposing fine on the petitioner Annexure O to the writ petition should not be declared to have been done without lawful authority and is of no legal effect. 2. The case of the petitioner National Life Insurance..Category: Business or Commercial Law | Date: | Hits: 271
Tareq Shamsul Khan alias Himu & others Vs. State, 2004, 33 CLC (HCD)
....ich may not prejudice the parties and, in view of such facts and circumstances, we are constrained to hold that the petitioners have not cogent ground to seek adjournment in this case inasmuch as the provision of section 344 of the Code of Criminal Procedure is very much applicable in the instant ca......tijheel PS Case No. 39(1)01 while one Moazzem Hossain as informant lodged a first information report against a particular person along with others alleging the offence under the aforesaid sections of law, which was tagged with Motijheel PS Case No. 39 dated 13‑2‑2001, as it relates to same fact ..Category: Criminal Law | Date: | Hits: 71
Tofael Ahmed Vs. State, 2002, 31 CLC (HCD)
....l the matter was sent back for retrial by the appellate Court, the trial Court abruptly recorded the impugned order dated 21‑1‑1995 which, according to him, cannot be sustainable. He read out the provisions of section 247 Cr.P.C. and shows there from that in view of the above background and hist......g unaware of the fact that witness summons were not issued from the Court. 12. High Court allowed the appeal having set aside the order of acquittal directing to proceed with the case according to law. The High Court, in above connection, observed as below: "Section 247 CrPC is not intended to..Category: Procedural Law | Date: | Hits: 73
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