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Abu Hena Mostafa Kamal & another Vs. Bangladesh and others, 2011, 40 CLC (HCD)
....es impugned against in all the petitions are hereby declared to have been passed without lawful authority and are of no legal effect. Ed. This Case is also Reported in: 63 DLR (HD) (2011) 334. ......223/ Circle-26/2010-11/727 under section 93 of the Income Tax Ordinance 1984, issued by the Extra Assistant Commissioner of Taxes Circle-26, Taxes Zone-03, Chittagong attempting to re-open income tax case of the petitioner for the assessment year 2007-2008, should not be declared illegal, without la..Category: Fiscal/Taxation Law | Date: | Hits: 167
AFM Hamidul Hoque Vs. Director, National Savings Directorate and others, 2002, 31 CLC (HCD)
....ahman managed to submit charge-sheet against the petitioner which ultimately resulted in his acquittal and the learned Divisional Special Judge in his judgment observed that P.W.1 Ataur Rahman is the root of all evils in this case who permitted to encash the disputed Sanchaya Patras from his Office....... and of no legal effect. 2. Facts necessary to dispose of this Rule, in brief, is that the petitioner at the relevant time was serving in the District Nilphamari as Sanchaya Officer and a criminal case was started against him by the District Anti-Corruption Bureau, Nawabganj under sections 409/46..Category: Employment/Service Law | Date: | Hits: 147
Sadia Chowdhury Parag Vs. Chairman, Film Censor Board & others, 2003, 32 CLC (HCD)
....r as to cost. The Producer and Director of the film "Hason Raja'' is at liberty to release/screen the film without any hindrance from anyone. Ed. This Case is also Reported in: 55 DLR (2003) 445.......ave been done without lawful authority and to be of no legal effect. Instead the prayer was couched in the following language is contained in prayer ”A" referred to above. 4. Mr. Khan argued his case very strenuously and tried to impress upon the Court that Dewan Hason Raja, the biggest Zaminde..Category: Civil Law | Date: | Hits: 210
Moti Miah Vs. Ful Miah and others, 2008, 37 CLC (HCD)
....Send down the lower Court records along with a copy of the Judgment and order to the Court concerned. Ed. This Case is also Reported in: 62 DLR (HCD) (2010) 447; 13 MLR (HCD) (2008) 279. ....... 2. The petitioner as plaintiff instituted a suit for recovery of possession under section 9 of the Specific Relief Act in the Court of Senior Assistant Judge, Nasirnager, Brahmanbaria. 3. The case of plaintiff in short, is that, the suit land and other non suit land belonged to one Fazar Ali..Category: Property Law | Date: | Hits: 121
Nitai Kumar Mondol Vs. Judge, Artha Rin Adalat, and another, 2008, 37 CLC (HCD)
.... him into jail. Office is directed to communicate the order at once with a copy of Judgment for information and necessary action. Ed. This Case is also Reported in: 62 DLR (HCD) (2010) 446. ......tal amount. We failed to discover any illegality in the impugned order. Moreover, we find that the impugned order dated 9-8-2006 in it's entirety is well founded in the facts and circumstances of the case. So the grounds urged and contentions advanced by the learned Counsel for the petitioner are no..Category: Civil Law | Date: | Hits: 140
Syeda Sajeda Chowdhury Vs. State, 2010, 39 CLC (HCD)
....002 now pending in the Court of Divisional Special Judge, Dhaka is quashed in respect of the petitioner only. Ed. This Case is also Reported in:62 DLR (HCD) (2010) 441; 18 BLT (HCD) (2010) 249. ......es Judgment March 24, 2010. Result: The rule is made absolute. A Court of law cannot proceed judicially on a bare statement made by such police officer to the effect that a prima facie case under certain penal provision has been proved against the accused persons, without disclosing t..Category: Criminal Law | Date: | Hits: 137
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. ......ra law, which should be set aside to ensure justice. In course of his argument the learned Advocate for the petitioners placed before me the Judgments of the Courts below with short background of his case and pointed out the legal position of his case in the plaint that the owner of the suit propert..Category: Property Law | Date: | Hits: 83
Wahed Asgar Chowdhury Vs. Judge 2nd Artha Rin Adalat & others, 2010, 39 CLC (HCD)
....n Case No.215 of 2004 now pending in the Artha Rin Adalat No.1, Chittagong be declared to be unlawful and not maintainable at all. Ed. This Case is also Reported in: 63 DLR (HCD) (2011) 331. ......bered as Artha Rin Execution Case No.215 of 2004. 3. The writ petitioner has challenged the impugned order making the preliminary decree final, the impugned final decree and the impugned execution case on the main contention that the application for drawing the final decree was filed long after..Category: Civil Law | Date: | Hits: 134
Abu Bakkar Siddique (Md.) and others Vs. Md. Abdur Rab Khandaker & others, 2010, 39 CLC (HCD)
....ior Assistant Judge, in Other Suit No.48 of 1993 is hereby set aside. The suit is stand dismissed. Send down the LC record at once. Ed. This Case is also Reported in: 63 DLR (HD) (2011) 326. ...... specific performance of contract as well as for a declaration that the registered sale deed executed in favour of the petitioner by the defendant No.1 is not binding upon opposite party. 3. The case of the plaintiffs stated in the plaint, inter alia, is that the land described in the Schedule ..Category: Property Law | Date: | Hits: 90
Kartic Das Gupta Vs. Election Commission and others, 2011, 40 CLC (HCD)
....observations and directions both the Rules are disposed of. The order of status quo granted earlier on 6-2-2011 is hereby vacated. Ed. This Case is also Reported in: 63 DLR (HCD) (2011) 313. ....... Accordingly, he submits that this Hon'ble Court for the cause of justice may consider the subsequent events. In support of the said contention the learned Advocate has referred the decisions in the cases of Abul Kalam Shamsuddin Vs. Anti-Corruption Commission, reported in 14 MLR (AD) 153; and th..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. ...... judgment, order of conviction and sentence dated 17‑11‑1992 by Sessions Judge, Chandpur in Sessions Case No.8 of 89 arising out of Matlab PS Case 1 dated 2‑7‑1988 GR 31/88. 2. Prosecution case briefly, was that deceased Julfu Master being a village Matabbar attended a Salish held at 8‑..Category: Criminal Law | Date: | Hits: 97
Hasina Khatoon and another Vs. Md. Samsur Rahman and others, 1997, 26 CLC (HCD)
....us (Pre‑emption) Case No.11 of 1987 as expeditiously as possible, preferably within 3 months, from the date of receipt of this order. Ed. This Case is also Reported in: 49 DLR (HD) (1997) 187. ...... Acquisition and Tenancy Act, 1950 in the Court of the Assistant Judge, Keshabpur, (Jessore), being Miscellaneous Case No.11 of 1987, stating, inter alia, that the petitioners are co‑sharers to the case jote by inheritance while the pre‑emptees are strangers, who purchased the case land from opp..Category: Property Law | Date: | Hits: 94
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.......countries of the Sub‑Continent. Neither the learned Counsel for the petitioner, nor the learned Additional Attorney‑General, in spite of their best endeavour, could lay their hands on any decided case exactly on the points raised. Therefore, the learned Advocates of the respective parties with t..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.
......tution or an organisation which has been given licence to act as financial institutions by the Bangladesh Bank can file a suit in the Adalat for realisation of any loan which is absent in the present case. It is submitted that the plaintiff is only a Co-operative Society and they have not obtained a..
Category: Civil Law | Date: | Hits: 135
Shahidullah and others Vs. Lutfur Karim and others, 1997, 26 CLC (HCD)
....equisite to man’s deriving any benefit of value from material objects. 15. As regards possession as evidence of ownership a rebuttable presumption of law is that of lawful origin. It lies at the root of the substantive law of acquisitive prescription. Modern possession and user, being prima fac......………………Opposite Parties Judgment August 19, 1997. Result: The Rule is made absolute. Cases Referred To- 39 DLR (AD) 223 (Civil Appeal No.113 of 1983); 33 Indian Appeal cases at page 60; AIR 1984; Ghulam Muhammad Vs. Sher Dil, PLD 1967 Azad J & K 26; Kamod Singh Vs..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. ......e, Sunamganj in Sessions Case No.27 of 1994 should not be set aside. The learned Additional Sessions Judge by the said order rejected the petitioners’ prayer for discharging them from the aforesaid case on the ground that no case has been made out against them. It appears that this Rule was issued..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. ...... Judgment February 16, 1998. Result: The writ petition is rejected in limine. Cases Referred To- Ramos Vs. Diaz, 1498; In re Castioni (1891) 1 QB 14; Barcelona Traction Case; Namibia case (1971); Western Sahara (1975) case; M Saleemullah Vs. Government of Bangladesh, 47 DLR 218. ..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.
......udgment and order dated 9-3-92 passed by the learned Subordinate Judge, Chandpur in Miscellaneous Case No. 59 of 1990 filed under section 24 of the Non-Agricultural Tenancy Act for pre-emption of the case land.
2. The short fact leading to this appeal is that the respondent as petitioner filed th..
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. ......on of a suit for resuming the gift is sufficient to revoke the gift. Until a decree is passed, the donee is entitled to use and disposed of the subject of the gift." 13. Admittedly, in the present case no such decree was passed by any Court. The donees are also related to the donor within the pro..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.
......nment 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 enrolled as an Advocate by the Bar Council on 22-12-1969. Thereaf..
Category: Others | Date: | Hits: 212
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