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Gura Meah Vs. Hari Pada Parial & others, 1990, 19 CLC (HCD)
....ubstance in this appeal for what have been discussed above. In the result, the appeal is dismissed but there will be no order as to costs. Ed. This Case is also Reported in: 43 DLR (1991) 181............................Appellant Vs. Hari Pada Parial & others............Respondents. Judgment July 22, 1990. Cases Referred to- H K Saya & Co. Vs. Wazir Ali Industries Ltd. and Habib Bank Ltd. 21 DLR (SC) 50; Sm. K. Ponnalagu Ammal Vs. The State of Madras, 1953 Mad. 485; P......ubstance in this appeal for what have been discussed above. In the result, the appeal is dismissed but there will be no order as to costs. Ed. This Case is also Reported in: 43 DLR (1991) 181...Category: Property Law | Date: | Hits: 69
Chairman, Rural Electrification Board Vs. Md. Awlad Hossain and Others, 2010, 39 CLC (AD)
....ht of river crossing tower and implemented the final design without approval of the Board (Annexure-G series). The respondent No.1 submitted his reply but failed to satisfy the Inquiry Committee with proper reasonings and explanations. The Inquiry Committee submitted its report stating that the resp......nha J The Chairman, Rural Electrification Board, Head Quarter Building, Nikunja-2, Khilkhet, Dhaka-1229………………………………………………Petitioner Vs. Md. Awlad Hossain and Others………………………………Respondent Judgment February 7, 2010. Cases R......llegations against him. On 15.07.2007 the respondent No.1 was served with a supplementary charge sheet by the Inquiry Committee alleging that the respondent No.1 as the Director of the said project illegally reduced the length of the river crossing span and reduced height of river crossing tower and..Category: Employment/Service Law | Date: | Hits: 175
Zahir Sheikh Vs. Md. Yakub Ali and others, 1990, 19 CLC (HCD)
.... instituted a suit bearing OC Suit No. 384 of 1976 on 3.8.76 in the Court of Munsif, Sadar, Mymensingh against the defendants for a declaration that the plaintiffs are the 16 annas owners of the suit property described in the Schedule of the plaint. The learned District Judge, Mymensingh by his orde...... Supreme Court High Court Division (Civil Revisional Jurisdiction) Present: Habibur Rahman Khan J Zahir Sheikh.......................................Petitioner Vs. Md. Yakub Ali and others......................Opposite Parties. Judgment January 3, 1990. Lawyers Involve......ourt of Munsif, Bhaluka proceed with the suit in accordance with law. The Rule is accordingly made absolute without any order as to costs. Ed. This Case is also Reported in: 43 DLR (1991) 168...Category: Procedural Law | Date: | Hits: 102
Abdul Kader (Md.) Vs. Md. Abdul Rafi Prodhan and other, 1989, 18 CLC (HCD)
....ing failure of justice in not dismissing the election petition for noncompliance with rule 44(3) of the Rules in the matter of depositing the security for the costs of the election petition under the proper head. According to him, it was incumbent upon the opposite party to deposit security for the ......urt Division (Civil Revisional Jurisdiction) Present: Bimalendu Bikash Roy Chowdhury J Abdul Kader (Md.).......................................Petitioner Vs. Md. Abdul Rafi Prodhan and other.................Opposite Parties. Judgment June 20, 1989. Cases Referred to- ...... 1 presented an election petition before the Election Tribunal, Gobindaganj challenging the election of the petitioner as Chairman of the said Union Parishad upon allegations of various corrupt and illegal practices. The petitioner was accompanied by a receipt showing a deposit of Tk. 500/‑ in Son..Category: Election Law | Date: | Hits: 130
Feroja Khatoon Vs. Brajalal Nath & others, 1989, 18 CLC (HCD)
.... of 1976 setting aside those dated 31.7.76 passed by Mr. Moazzem Hossain Chowdhury, Munsif, 2nd Court, Feni in OC Suit No. 45 of 1974, a suit for specific performance of contract of sale of immovable property, decreeing the suit. 2. The plaintiff brought the suit in respect of 0.24 acres of land ......presented ‑ the Opposite Party. Civil Revision No. 313 of 1980. Judgment Mohammad Abdur Rouf J . - This Rule, at the instance of the plaintiff‑petitioner is directed against the judgment and decree dated 18.9.79 passed by Mr. Md. Aftabuddin, Subordinate Judge, Additional Court, Noakhali......idence on record the Trial Court upon believing the evidence of PWs decreed the suit against defendant No. 1 with respect to 0. 12 acres of land holding, inter alia, that the contract in question was legally proved against the defendant No. 1. 7. On the appeal taken by the defendant No. 1 the App..Category: Property Law | Date: | Hits: 64
Anwar Hossain Majhi Vs. Government of Bangladesh & others, 1989, 18 CLC (HCD)
....y supplied by the Government. Thus, the learned Deputy Attorney General submits that when there are allegations in the above mentioned two cases against the petitioner, regarding mishandling of the property of the Upazila Parishad it is quite reasonable on the part of the Government in the formati......amp; others...............Respondent. Judgment December 5, 1989. Cases Referred to- 1981 BLD (AD) 196 Md. Abdul Hai Bhuiyan Vs. Secretary, Ministry of Local Government, Rural Development and Co‑operative and others. Lawyers Involved: Aminul Huq with Md. Nizamul Huq, Advocates ......District Shariatpur obtained this Rule Nisi on 15.10.89, under Article 102 (presumably under sub‑article (2)(a)(1) of the Constitution of the People's Republic of Bangladesh calling in question the legality and propriety of the Notification সারক নং শা-উপজেলা ১/১ গ..Category: Election Law | Date: | Hits: 121
Rana Awan (Mrs.) Vs. Bangladesh, 1990, 19 CLC (HCD)
....itution of an order passed by the Respondent No. 1 through the Respondent No. 2, the Secretary, Ministry of Works, Government of People's Republic of Bangladesh on 17.4.85 refusing to release certain properties from the list of abandoned properties which has been earlier declared as abandoned proper......diction) Present: M S Ali J Naimuddin Ahmed J Rana Awan (Mrs.)........................................... Petitioner Vs. Bangladesh, represented by the Secretary, Ministry of Works and others.......Respondents. Judgment August 20, 1990. Cases Referred to- 16 DLR (SC) ......o. 1 informed her that the property had been correctly treated as abandoned property and, as such, her prayer was rejected. 4. The aforesaid order, it is alleged by the petitioner, is absolutely illegal and without lawful authority and, as such, the petitioner moved this Court under Article 102 o..Category: Property Law | Date: | Hits: 78
Sohel @ Sanaullah @ Sohel Sanaullah Vs. State, 2011, 40 CLC (AD)
.... Procedure is a lacuna and this lacuna cannot be filled up now, that the sending back of the case on remand has given the prosecution an opportunity to fill up this lacuna which has been unjust and improper and has prejudiced this accused-appellant. The learned Advocate has argued also that except t......cord—For the Appellant. Momtazuddin Fakir, Additional Attorney-General instructed by B Hossain, Advocate-on-Record —For the Respondent. Criminal Appeal No. 32 of 2008. (From the Judgment and order dated 11-11-2007 passed by the High Court Division in Death Reference No. 93 of 2004 along......f the Code of Criminal Procedure and as such the High Court Division ought to have acquitted this present appellant Sohel also on the same ground, that the High Court Division has committed serious illegality and injustice in sending the case on remand to the trial Court for fresh trial as against..Category: Criminal Law | Date: | Hits: 84
State Vs. Keramat Ali & another, 2010, 39 CLC (AD)
.... 3, 4, 5 and 9 they were corroborated by P.W.1. 8. The High Court Division did not discard the evidence of these witnesses as not reliable or on any other ground. It could have been disbelieved on proper assessment of their evidence on assigning reasons therefore, but keeping their evidence intac......der, Senior Advocate, instructed by Sufia Khatun, Advocate-on-Record—For the Respondent No. 2. Not Represented—For the Respondent No. 1. Criminal Appeal No.11 of 2008. (From the judgment and order dated 2-3-2005 passed by the High Court Division in Criminal Appeal No.123 of 1989). Ju...... presence at the place of occurrence, the manner of causing injuries by the respondents and also the time of occurrence. True, these witnesses are related to each other but mere relationship is not a legal ground to disbelieve a witness. The High Court Division also did not discard their evidence as..Category: Criminal Law | Date: | Hits: 90
....nalienable right of every citizen, wherever he may be and of every other person for the time being within Bangladesh and in, particular no action durimeni.11 to the life, liberty, body, reputation or property of any person shall be taken except in accordance with law.
7. In the instant case Mr. A......sain Mohammad Habibur Rahman J
Habibul Islam Bhuiyan J
Abdul Hannan Khan (Md.)................................Petitioner
Vs.
Secretary, Ministry of Home Affairs, Government of Bangladesh and others..............Respondents.
Judgment
March 19, 1990.
Cases Referred to-
SP Sam......s on 16.9.89 in respect of the charge framed against the petitioner and the departmental proceedings pursuant thereto should not be declared to have been made without lawful authority and to be of no legal effect.
2. The petitioner in his petition has stated that he joined the service under the G..
Category: Employment/Service Law | Date: | Hits: 79
Kazi Motiur Rahman and others Vs. Din Islam, 1990, 19 CLC (HCD)
....ence of prosecution witnesses individually. The learned Advocate further contended that the learned Magistrate committed an illegality in taking cognizance of the offence inasmuch as valuation of the property of theft was not more than 5,000/‑ and the complainant has given an enhanced amount of lo......ce. Ed. This Case is also Reported in: 43 DLR (1991) 128. ......ighbour by the prosecution. Fourthly, Courts below did not assess the evidence of prosecution witnesses individually. The learned Advocate further contended that the learned Magistrate committed an illegality in taking cognizance of the offence inasmuch as valuation of the property of theft was not ..Category: Criminal Law | Date: | Hits: 73
Repco Laboratories Ltd. Vs. Nuruddin Ahmed and others, 1989, 18 CLC (HCD)
....it is held that the case reported in AIR 1929 Madras 803 has no manner of application in the instant case. In AIR 1931 Bom 509 on an application by the plaintiff for attachment before judgment of the property of the defendant, the defendant gave an undertaking that he would not sell the same till th...... Supreme Court High Court Division (Civil Revisional Jurisdiction) Present: Nurul Huque Bhuiyan J Repco Laboratories Ltd............................Petitioner Vs. Nuruddin Ahmed and others.....................Opposite Parties. Judgment June 21, 1989. Cases Referred to-......ocedure there is no scope for me for interference with his order. Accordingly, the Rule is discharged but without any order as to costs. Ed. This Case is also Reported in: 43 DLR (1991) 123. ..Category: Procedural Law | Date: | Hits: 84
Wahida Rashid (Most) and another Vs. Miron Muhammad Zahidul Hoque, 1990, 19 CLC (HCD)
....not call for any interference by this Court at this revisional stage. In the result, the Rule is discharged without any order as to costs. Ed. This Case is also Reported in: 43 DLR (1991) 115....... costs. Ed. This Case is also Reported in: 43 DLR (1991) 115.......aid down in the above quoted decisions is that the suit falling within the exclusive jurisdiction of the Small Cause Court Judge erroneously tried by a Court other than the SCC Judge, suffers from no legal infirmity and hence the trial cannot be vitiated. 13. In the next cited case reported in 25..Category: Property Law | Date: | Hits: 66
Fariduddin Mahmud Vs. Md. Saidur Rahman and others, 2010, 39 CLC (AD)
....udgment-debtor did not pay the decreetal amount the decree-holder as per order of the Court published tender notice in a national daily news paper on 14th June, 2000 for auction sale of the mortgaged property. The judgment debtor instituted Writ Petition No.655 of 2006 challenging the said tender ...... SAN Mominur Rahman J ABM Khairul Haque J Md. Muzammel Hossain J Surendra Kumar Sinha J Fariduddin Mahmud...........................................Appellant Vs. Md. Saidur Rahman and others ...........................Respondents Judgment June 10, 2010. Cases Referred to......ion made by the High Court Division. According to the learned counsel there is no scope for the High Court Division to pass any order of stay of the order of the executing court without finding any illegality in the procedure and the manner of selling the mortgaged property in auction. The other poi..Category: Civil Law | Date: | Hits: 113
Hasina Mawla Vs. Bangladesh Parjatan Corporation and another, 1992, 21 CLC (HCD)
....ct to the qualification which he himself has introduced, even though it is not supported point of law by any consideration". In the same Volume at page 638 it has stated that "acquiescence" in its proper legal sense implies that a person abstains from interfering while a violation of his legal ri......Court Division (Special Original Jurisdiction) Present: Abdul Jalil J Mohammad Fazlul Karim J Hasina Mawla……………………Petitioner Vs. Bangladesh Parjatan Corporation and another…………........Respondents Judgment November 18, 1992. Cases Referred To-......nistration) Bangladesh Parjatan Corporation, retiring the petitioner before attaining the age of superannuation should not be declared to have been passed without any lawful authority and to be of no legal effect. 2. The case of the petitioner, in brief, is that she joined on 24.12.52 as the Tour..Category: Employment/Service Law | Date: | Hits: 88
Bakth Bibi Vs. Bangladesh, 1992, 21 CLC (HCD)
....f Settlement in Case No.1022 of 1987. The case was filed by the petitioner Bakht Bibi for the release of a three‑storied building at 93, Chatteswary Road, Chittagong, from the list of the abandoned property declared abandoned and taken possession by the Government under the President's Order No.16...... Present Naimuddin Ahmed J Mohammad Gholam Rabbani J Bakth Bibi……………….Petitioner Vs. Bangladesh, represented by the Secretary, Ministry of Works, Government of Bangladesh and others………………..Respondents Judgment October 28, 1992. Cases Referred to- ...... Afghanistan in view of the passport issued by the Democratic Republic of Afghanistan and this fact was not denied by the respondent Government. 10. The next ground is that the petitioner was not legally married to late Abdul Khaleque. This finding is also contrary to the unchallenged evidence o..Category: Property Law | Date: | Hits: 73
Shafiuddin Khan (Md) Vs. State and another, 1993, 22 CLC (HCD)
....against the accused petitioner under section 420 BPC after amending the charge in the light of the observation made in the judgment. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 102. ...... High Court Division (Criminal Revisional Jurisdiction) Present: Muhammad Ansar Ali J Kazi Ebadul Hoque J Shafiuddin Khan (Md)……………………Petitioner Vs. The State and another…………………..Opposite Parties Judgment January 6, 1993. Cases Referred......t would be extremely reluctant to interfere in quashing a proceeding at the interlocutory stage or at the early stage of the proceeding.” 15. In the above facts and circumstances of the case and legal position discussed about we are of the view that the allegations made in the petition of compl..Category: Criminal Law | Date: | Hits: 132
....en to respondent No.5. In that case the Court, inter alia, held thus:
“The Excise Commissioner exercised his authority with a little irregularity because the matter did not reach him through the proper channel but that would not call for interference by way of a writ. The substance of the thing......
(Special Original Jurisdiction)
Present:
Anwarul Haque Choudhury J
KM Hasan J
Shafiq Ahmed………………Petitioner
Vs.
Chairman, Bangladesh Chemical Industries Corporation and others……..........Respondent
Judgment
October 28, 1992.
Cases Referred to-
M/s H......s petition in exercise of the power of judicial review of this Court under Article 102 of the Constitution of the People's Republic of Bangladesh, in which an aggrieved person must show that he has a legal right, accrued to him under a law which right had been taken away by an order of an Executive ..
Category: Others | Date: | Hits: 128
Nurul Absar Chowdhury and others Vs. Haji Abdul Hoque Sowdagar, 1990, 19 CLC (HCD)
....ave been in possession of the disputed holding as sub‑tenants under Syed Ahmed and running their respective business they are necessary parties to the suit and their presence would be necessary for proper adjudication of the issues. The power to be exercised under Order 1 rule 10 CPC is a discreti......osts. Ed. This Case is also Reported in: 43 DLR (1991) 112. ......rned Advocate for the petitioners. Therefore, I do not find any substance in the Rule. The Rule is discharged. But no order as to costs. Ed. This Case is also Reported in: 43 DLR (1991) 112. ..Category: Property Law | Date: | Hits: 67
Nazir Ahmed and others Vs. Md. Hazee Kalu, 1989, 18 CLC (HCD)
.... in order to have the benefit of section 4 of the Partition Act the defendants are to satisfy the Court first, that they are members of an undivided family and share‑holders and that the disputed property is a dwelling‑house belonging to an undivided family. Secondly, a share of such dwelling ......rder as to costs. Ed. This Case is also Reported in: 43 DLR (1991) 75. ......avour of the plaintiff were out and out sale and not a mortgage. These findings essentially are findings of fact based on evidence. The learned Advocate felt difficulty to argue that the finding is illegal. The High Court Division will not entertain a second appeal on the ground of erroneous finding..Category: Property Law | Date: | Hits: 66
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