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Afzal Miah and others Vs. Abdul Halim Gazi and others, 2011, 40 CLC (AD)

....as per voter list published including those 672 voters of Uttar Kistakathi. This petition is disposed of with the above observations. Ed. This Case is also Reported in: VIII ADC (2011) 824. ......nd­ed, Serial No.7 relates to Ward No.7 of Jhalokathi Pourashava, and the said gazette is totally silent as to whether the voters of Kistakati will be able to cast their votes in the said centre. In view of the above, it is contended that even if the election is held with existing voter list, there..

Category: Election Law | Date: | Hits: 172

Bangladesh and another Vs. Md. Badiuzzaman and others, 2011, 40 CLC (AD)

....osal of the appeals. Appeals to be registered arising out of this leave granting order will be heard along with C.A.No.8 of 2008. Ed. This Case is also Reported in: VIII ADC (2011) 811. ......and 7 of the three original Acts of 1989, by sections 2, 3, 4(kha), 5, 6 and 7 of the impugned Acts have prima facie taken the Rangamati, Khagrachari and Bandarban administrative units outside the purview of Local Government as enunciated in Part IV, Chapter 111, of the Constitution and, therefore, ..

Category: Constitutional Law | Date: | Hits: 219

Mizanur Rahman (Md.) alias Mija alias Mizan Vs. State, 1997, 26 CLC (HCD)

.... not wanted in connection with any other case. Send down the LC records, with a copy of the Judgment at once for doing the needful. Ed. This Case is also Reported in: 49 DLR (HD) (1997) 83. ...... be created. In the present case prosecution totally failed to prove its case required under law. The submissions of the learned Advocate for the appellant are thus found to have substance. 17. In view of our aforesaid discussions, we find that the learned Assistant Sessions Judge, committed erro..

Category: Criminal Law | Date: | Hits: 80

Amirul Huq Shameem and others Vs. AKM Shamsuddin & others, 1995, 24 CLC (HCD)

.... defendant petitioners have preferred this revisional application. 20. Mr. Ziaur Rahman Khan appearing for the defendant‑Petitioners has submitted that the order of the learned District Judge is erroneous, bad in law and has occasioned a failure of justice and should be set aside. 21. M......Sarak Paribahan Samity issued a letter to the Additional Secretary General requesting him to withdraw his letter on 12‑1‑95. 7. It has been further stated in the revisional application that in view of an emergency situation having arisen the Bangladesh Sarak Paribahan Samity called an emergen..

Category: Civil Law | Date: | Hits: 85

Abdul Khaleque Vs. Abdur Noor and others, 1995, 24 CLC (HCD)

.... agricultural land and section 96 of the Act is only available. In the result, the Rule is discharged without any order as to costs. Ed. This Case is also Reported in: 49 DLR (HD) (1997) 74. ......e under section 24 of the East Bengal State Acquisition and Tenancy Act inasmuch as the purchase made by two separate Kabalas and two separate cases ought to have been filed by the petitioner. On a review of the evidence led, the trial Court allowed the pre‑emption case in favour of the petitioner..

Category: Property Law | Date: | Hits: 52

Amjad Hossain and others Vs. State and another, 1995, 24 CLC (HCD)

....terfere with the same. In the result, the Rule is discharged and the order of stay stands vacated. Send back the LC records at once. Ed. This Case is also Reported in: 49 DLR (HD) (1997) 64. ......amp; others reported in 1989 BLD (AD) 13 has submitted that a revision can be preferred by an informant when no appeal is filed against that judgment and order of the acquittal by the State. 6. In view of sub‑section (5) of section 439 of the Code of Criminal Procedure, it is clear that the Par..

Category: Criminal Law | Date: | Hits: 82

Muklesur Rahman (Md.) Vs. Government of Bangladesh represented by the Secretary, Ministry of Home Affairs and others, 1995, 24 CLC (HCD)

....District Dhaka now detained in Dhaka Central Jail be released at once unless his further detention is required in any other connection. Ed. This Case is also Reported in: 49 DLR (HD) (1997) 63. ......ner the detenu is entitled to be released. 5. Mr. Laskar Fakhruddin Ahmed, the learned Assistant–Attorney General, on the other hand, finds it difficult to support the detention of the detenu in view of the grounds having been served after the expiry of 15 days from the date of the initial orde..

Category: Criminal Law | Date: | Hits: 105

Abdur Rahman and others Vs. Abdus Sattar and others, 1995, 24 CLC (HCD)

..... In the result the Rule is made absolute and no order is made as to costs. Send down the records to the lower court immediately. Ed. This case is also Reported in: 49 DLR (HD) (1997) 60. ......belonging to Kalu and thereby the learned Assistant Judge failed to apply his judicial mind in passing the impugned order and the same is liable to be set aside. It has been further submitted that in view of the subsistence interest in the suit land, the presence of the petitioners before the court ..

Category: Property Law | Date: | Hits: 47

Nasima Akhter (Papi) Vs. Government of the Peoples Republic of Bangladesh, represented by the Secretary, Ministry of Home Affairs, 1994, 23 CLC (HCD)

....opposite party No.3, the Superintendent, Dhaka Central Jail, Dhaka is directed to report compliance with the above order to this court. Ed. This case is also Reported in: 49 DLR (HD) (1997) 57. ...... the absence of any new ground of detention shows that there were no material before the detaining authority to arrive at the satisfaction that it was necessary to direct detention of the detenu with view to preventing him from committing any prejudicial acts. In view of the above, we are constraine..

Category: Criminal Law | Date: | Hits: 69

Hazi Abdul Hakim Khan Vs. Lal Miah Saiyal alias Lal Miah and others, 2012, 41 CLC (AD)

....ree. Surendra Kumar Sinha J. – I agree. Abdul Wahhab Miah J. – I agree. Nazmun Ara Sultana J. – I agree. Syed Mahmud Hossain J. – I agree. Ed. This Case is also Reported in: ...... and that neither Safia Begum nor the plaintiff who succeeded her, was able to prove their possession of the suit land, which comprises a part of the homestead of the defendants. 12. We are of the view that the High Court Division has given cogent reasons for coming to the decision which was arri..

Category: Property Law | Date: | Hits: 70

Professor Dr. Md. Yusuf Ali Vs. Chancellor of Rajshahi University, Rajshahi & others, 1997, 26 CLC (HCD)

....ence by this Court. In the result this Rule is discharged. But in the facts and circumstances of the case we pass no order as to cost. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 1.......ice-Chancellor Professor Dr. Abdul Khaleque. This order is annexed as Annexure-D which is the impugned order. It is stated that the impugned order dated 16-2-97 is illegal and without jurisdiction in view of the fact that section 16 of the General Clauses Act is not applicable because the Chancellor..

Category: Employment/Service Law | Date: | Hits: 158

State Vs. Dr. AZM Zahid Hossain and another, 2012, 41 CLC (AD)

....12. Surendra Kumar Sinha J – I agree. Md. Abdul Wahhab Miah J – I agree. Nazmun Ara Sultana J – I agree. Syed Mahmud Hossain J – I agree. Ed. This Case is also Reported in: ......dge, Court No.2, Dhaka, failed to appreciate there is a strong prima-facie case and specific overt act against the accused respondent that while he was general secretary of B.M.A. at that time with a view to make B.M.A. benefited, caused loss of Tk. 20,43,250/- to Dhaka Shishu Hospital by purchasing..

Category: Criminal Law | Date: | Hits: 92

Arun Chandra Das and others Vs. Chittagong Port Authority, Bandar Bhaban, Chittagong and others, 2010, 39 CLC (AD)

....d with as prayed for. This appeal will be heard along with the appeal arose out of Civil Petition for Leave to Appeal No.2291 of 2008. Ed. This Case is also Reported in: VIII ADC (2011) 770. ...... 2. In the writ petition the petitioners claimed that they were appointed in differ­ent posts in the Chittagong Port. Trust Authority and later on they were also pro­moted to the higher post. In view of Rule 54 of the Chattagram Bandor Kartripakha Karmachari Chakuri Prabidhannamala, 1991, the P..

Category: Employment/Service Law | Date: | Hits: 97

Government of Bangladesh Vs. Md. Golam Nabi, 2010, 39 CLC (AD)

....dy within 12(twelve) weeks and the respondent is at liberty to mention the appeal for hearing after expiry of the said 12 (twelve) weeks. Ed. This Case is also Reported in: VIII ADC (2011) 757. ......ed penalty to be imposed upon him and that the departmental pro­ceedings was conducted in accordance with section 6 of the said Ordinance. The Administrative Appellate Tribunal, how­ever, is of the view that the authority did not supply the inquiry report to the respondent and as a result, he coul..

Category: Administrative Law | Date: | Hits: 163

Siddiqur Rahman and others Vs. Md. Monwar Hossain and others, 2011, 40 CLC (AD)

....t assessment of the materials on record and appreciation of law arrived at a correct decision. The petition is accordingly dismissed. Ed. This Case is also Reported in: VIII ADC (2011) 755. ......dence on record on the point of date of knowledge claimed by the pre-emptors and after such assessment came to a definite finding that "consider­ing the aforesaid facts and circumstances I am of the view that the appellate Court below has committed an error of law in drawing conclusion about the da..

Category: Property Law | Date: | Hits: 72

Md. Anwar Hossain and other Vs. Mosammat Hoshneara Begum alias Putul, being dead her heirs:-Kamrul Islam and others, 2011, 40 CLC (AD)

....t and order dated 28-29/10/2008 passed by the High Court Division in Civil Revision No.625 of 1995 is stayed till disposal of the appeal. Ed. This Case is also Reported in: VIII ADC (2011) 744. ......of the High Court Division to give suo moto direction upon the trial Court to hold local investigation invoking the inherent power as envisaged in section 151 of the Code of Civil Procedure. 9. In view of the above, we find merits in the submissions of Mr. Mahmudul Islam and accordingly, leave is..

Category: Property Law | Date: | Hits: 83

Noni Gopal Das and others Vs. Dinesh Chandra Das and others, 2011, 40 CLC (AD)

.... order and as such, the same does not call for interference by this Court. Accordingly, the petition for leave to appeal is dismissed. Ed. This Case is also Reported in: VIII ADC (2011) 739. ......the plaintiff over the suit land had ever been threatened by anybody and before such threat he was not bound to file any suit earlier on. In the facts and circumstances of the instant case I hold the view that the judgment of the trial Court is reason­able and I also hold the view that the amendmen..

Category: Property Law | Date: | Hits: 62

Md. Hossain Ahmed Vs. Bangladesh House Building Finance Corporation and another, 2011, 40 CLC (AD)

....tance in the submissions of Mr. Quamrul Islam Siddique, so in the leave petition. Accordingly, the leave petition is dis­missed. Ed. This Case is also Reported in: VIII ADC (2011) 721. ...... the mortgaged property in favour of respondent No.2 by evicting the original judgment-debtor i.e. the present petitioner. The executing Court rejected the prayer by its order dated 13.02.2007 on the view that since the execution case was disposed of on full satisfaction the application was incompet..

Category: Civil Law | Date: | Hits: 108

Shariful Islam Vs. Billal Hossain and the State, 1992, 21 CLC (HCD)

.... Revision No.33 of 1991 is hereby set aside and the trial Court is hereby directed to proceed with the trial in accordance with law. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 722. ......ssions Judge in Criminal Revision No.33 of 1991 under sections 435/436 and 439A of the Code of Criminal Procedure and after bearing both the sides he passed the impugned direction. But the consistent view of this Court as found from the aforesaid two decisions that the learned Sessions Judge cannot ..

Category: Criminal Law | Date: | Hits: 67

Rafiqul Hossain @ Ranaesh and another Vs. Lal Mohan Saha and others, 1991, 20 CLC (HCD)

....on 15.2.83 after filing the Misc. Case No. 115 of 1984 on September 14, 1981 against the present petitioner 1 and another 4 and as such the order of attachment of the property of the petitioner 2 was erroneous and arbitrary inasmuch as there being no allegation against him as to disobedience of the ......hat as it may, the question which requires to be adjudicated in the application under Order 39, rule 2(3) is that whether the petitioner committed the offence of disobedience of the Court's order. In view of dismissal of the aforesaid two criminal cases, as pointed out by Mr. Haider, it cannot be as..

Category: Criminal Law | Date: | Hits: 90