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Abdul Jalil Khondaker & others Vs. Mohd. Mokan & others, 1988, 17 CLC (HCD)
..... Khatian the plaint of the title suit No.70/69 Ext. E. He has urged that the Khatian would show that the custoÂmary right claimed by the plaintiffs were not noted in the suit plot although there is provision for it in rule 18(1) of the State Acquisition & Tenancy Act and Ext. would show that t...... of the appellate Court is set aside, and the suit is sent back on remand to the appellate Court for fresh decision in the light of observation made in the body of the judgment and in accordance with law. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 228. ..Category: Property Law | Date: | Hits: 58
Tajidullah & others Vs. Sona Miah & others, 1986, 15 CLC (HCD)
....ill be at liberty to amend the pleadings and adduce fresh evidence, if so desire. There will be no order as lo costs of this appeal. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 223.......ken me through the judgment of the Courts below and also the evidence on record. Mr. Dewan A.M.S. Zaman, the learned Advocate for the appellant, conÂtends that the Courts below committed an error of law in not taking into consideration the facts that the defendants claim title in the suit land sinc..Category: Property Law | Date: | Hits: 66
Sultan Ahmed Vs. Golam Mostafa alias Dulal and others, 1987, 16 CLC (HCD)
....orney-General in the High Court Division of Rangpur Bench and the family members of the petitioner are in constant trepidation. The opposite party Nos.1 and 2 therefore should be bound down under the provision of section 107 of the Code of Criminal Procedure for keeping peace and safely of the petit......d the judgÂment was not pronounced, signed and dated in the open Court as required u/s 366, 367(1) and 369 of the Code of Criminal Procedure and so the impugned judgment is no judgment in the eye of law. He also submits that there has been an unseemly delay in the delivery of the judgment, for the ..Category: Criminal Law | Date: | Hits: 70
Md. Abdu Mia Vs. The Election Commission & others, 1988, 17 CLC (HCD)
....nly two points:- first, the direction given by the Returning Officer in Annexure 'C1 for holding pieceÂmeal election for members only at Mohanpur PriÂmary School polling station is violative of the provisions of Rules 25, 26 and sub-rules (b) and (c) of Rule 29 (2) of the Union Parishad (Election)...... No.1, namely Annexure 'C purporting to hold fresh poll on 10.4.88 at Mohanpur Primary School Polling staÂtion, only for the office of the members, should not be declared to have been issued without lawful auÂthority and is of no legal effect and that a direction should not be given to the Respond..Category: Election Law | Date: | Hits: 161
Jn. Md. Saleh Ahmed Khan Vs. Government of Bangladesh & others, 1989, 18 CLC (HCD)
....ministering laws or governing a state. It means the executive authority of the Government. It means a real concrete, existing body of human beÂings or an existing system. 11. In view of the clear provision of the ConÂstitution that all executive action of the Government shall be expressed to be......reÂspondents to show cause why the impugned order beÂing Memo. No. Sec. 1/18-56/86/303(5) dated 5.6.86 (Annexure G) issued by the respondent No.1 shall not be declared to have been made without any lawÂful authority and to be of no legal effect. 2. The petitioner with others formed a coÂopera..Category: Civil Law | Date: | Hits: 87
AKM Ruhul Amin Vs. Al-haj Abdul Latif & others, 1986, 15 CLC (HCD)
....icial Gazette on 1.2.84. AccordÂing to that result the petitioner secured 1307 votes as against 1382 by the opposite party No.1. It is alÂleged that the election was not held in accordance with the provisions of the Ordinance and the rules of the Union Parishad. Opposite party No.1 resisted the fe......made before or after the aforesaid amendment. I find substance in the contention of the learned AdvoÂcate for the opposite party No.1 and hold that the appeal was filed under the valid provisions of law. 6. The next contention of the learned Advocate for the petitioner is that the learned Distri..Category: Election Law | Date: | Hits: 163
....pugned order is, therefore, without jurisdiction.
In the result, the Rule Nisi is made absolute but without any order as to costs.
Ed.
This Case is also Reported in: 41 DLR (HCD) (1989) 203.
......ment and order dated 11.3.87 passed by the respondent No.1, the Chairman, First Labour Court, Dhaka in Criminal Case No. 24 of 1983 (Annexure C) should not be deÂclared to have been made without any lawful authoriÂty and to be of no legal effect.
2. The respondent No. 2 as first party institute..
Category: Labour and Industrial Law | Date: | Hits: 192
Mostofa Kamal Vs. B. D. Habibullah & others, 1988, 17 CLC (HCD)
....that the plaint is not an election petition as the result of the elecÂtion has not yet been declared in the official Gazette and that the Civil Court has jurisdiction to examine into cases where the provisions of the Local GovernÂment (Union Parishads) Ordinance, 1983 (hereinafter referred to as t......of the plaint on the ground that the suit was barred unÂder section 9 of the said Code and the Civil Court had no jurisdiction to decide the right created by the special statute that is the election laws. The learned Assistant Judge has on hearing both sides passed the impugned order dated 22.5.88 ..Category: Election Law | Date: | Hits: 207
....nt in any manner under the President's Order No.16 of 1972. The petitioner was surprised to see the public notice dated 28.4.86 published in the Bangladesh Gazette Extra-Ordinary on 28.4.86 under the provisions of Section 5(1)(a) of the Abandoned Building (SuppleÂmentary Provisions) Ordinance, 1985......fication dated 28.4.86 (Annexure E) so far as it relates to the petitioner's house at serial No. 41 under the heading "Motijheel Commercial Area" shall not be declared to have been passed without any lawful authority and to be of no legal effect.
2. The petitioner staled that she purchased the la..
Category: Property Law | Date: | Hits: 171
Major (Retd.) Mohammad Afsaruddin Vs. Kamal Rahman, 1989, 18 CLC (HCD)
....the above reasons we do not find any ground to interfere. In the result, the Rule is discharged but without any order as to costs. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 190. ......tiff-opposite party so desires he can be allowed to give evidence in rebuttal. The reason given by the learned Subordinate Judge should not commend itself to this Court, because it is an established law that amendÂment of the pleadings can be allowed at any stage. 8. Mr. S.R. Pal learned Advoca..Category: Property Law | Date: | Hits: 58
Shahabuddin Ahmed Vs. Upazila Election Officer, Bakerganj & others, 1988, 17 CLC (HCD)
....tion thereof, to dispose of the defendant's prayer for rejection of the plaint. Let the lower Court record be sent down forthwith. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 188. ......nother contestÂing candidate (opposite party No.4 herein) filed a petition under Order 7, Rule 11 of the Code of Civil Procedure for rejection of the plaint on the ground that the suit was barred by law, and thereafter on 7.5.88 the plaintiff filed a petition under Order 23 rule 1 (2) of the said C..Category: Election Law | Date: | Hits: 152
AY Masihuzzaman Vs. Shah Alam & others, 1989, 18 CLC (HCD)
....ppreciation of the facts on record. In elaborating this point he submitÂted that the learned Magistrate erred in law in holding that no abusive language had been used without apÂpreciating that the provision as in sections 499/500 of the Penal Code nowhere provides for any abusive language used fo......Metropolitan Magistrate, Dhaka under section 499 and 500 of the Penal Code stating that the petitioner, an Advocate of the Supreme Court of Bangladesh having reputation as an honest and hardÂworking lawyer and had appeared in a number of casÂes both in the High Court and in the Court before the Di..Category: Criminal Law | Date: | Hits: 77
Government of Bangladesh Vs. Mini Begum and others, 2010, 39 CLC (AD)
....ment within 1(one) week from the date of filing concise statement by the appellants. The appeal is fixed for hearing on 7th March, 2011. Ed. This Case is also Reported in: VIII ADC (2011) 1008. ......were appointed with clear stipulation that their employÂment would remain valid till the compleÂtion of the project. Learned counsel for the petitioners argued that the High Court Division erred in law in arriving at the conÂclusion that the conduct of the petitioners has created a legitimate exp..Category: Employment/Service Law | Date: | Hits: 133
Siddiqur Rahman and others Vs. Abdul Jalil Meah and others, 2009, 38 CLC (AD)
....are the paper-books out of Court in accordance with Rules. The parties are directed to maintain status quo till disposal of the appeal. Ed. This Case is also Reported in: VIII ADC (2011) 1002.......change deed would be exeÂcuted between the parties but the plaintiff did not ultimately execute the said deed. The learned Advocate further submits that the High Court Division committed an error of law in decreeing the suit without setting-aside the concurrent findings of fact arrived at by both t..Category: Property Law | Date: | Hits: 49
Ministry of Communication and others Vs. Md. Ferozur Rahman & ors, 1991, 20, CLC (HCD)
.... that in order for a grant to be irrevocable, the licence had to be coupled with the transfer of property and not merely an interest as under the English Cases in the nature of profit and further the provision of the Indian Easements Act Will give way to the special agreement if any of the parties. ......iff when by their own admission the plaintiff himself has been thrown out of the Buffet car and Restaurant car of the Railway compartment prior to the filing of the suit itself and the Court erred in law in not considering that the Court is not dealing with any prayer of any mandatory injunction ord..Category: Civil Law | Date: | Hits: 72
Kabir and others Vs. State, 1991, 20 CLC (HCD)
....ed if he did or did not make a confession." And the same view was taken in the case of Monowar Ahmed Vs. State, reported in 8 DLR (SC) 157. 24. Thus considering all aspects of the case and the provisions of law, we are of the view that the learned Additional Sessions Judge has committed gross......s of the so called confession of appellant Shahid Hossain and hence the impugned judgment and order of conviction and sentence as against the aforesaid co‑accused appellants cannot be, sustained in law. Further, submission of the learned Advocate for the appellants is that in examining appellant S..Category: Criminal Law | Date: | Hits: 76
Shafiuddin Sarwar Vs. Dhaka Club Limited and others, 1993, 22 CLC (HCD)
....ason stated above the Rule is discharged without any order as to costs. Let the order be communicated to the Courts below at once. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 753. ......earned Subordinate Judge. The defendant opposite party could have prayed for the hearing of the application under Order 39 rules 1 and 2. The teamed District Judge also heard this appeal and erred in law in staying the operation of the order of ad interim injunction without hearing the plaintiff pet..Category: Civil Law | Date: | Hits: 87
Siddiqur Rahman Vs. State, 1988, 17 CLC (HCD)
....Court is satisfied that the order has been contravened shall be forfeited to the GovÂernment: Provided that where the contravention is of an order relating to feodstuffs which contains an express provision in this behalf, the Court shall make such direction, unless for reasons to be reÂcorded i...... cannot be brought within the mischief of Section 6 of Act I of 1956 and his conviction and sentence under the said section, 6 of the Control of Essential Commodities Act, 1956 cannot be sustained in law at all. 9. Next question is whether the prosecution has been able to prove the case against t..Category: Criminal Law | Date: | Hits: 74
Al-haj Abdul Aziz Vs. Kalipada Das & others, 1988, 17 CLC (HCD)
.... in quesÂtion. In order to give emphasis upon the point the learned Additional District Judge has referred to the decision reported in 25 DLR 91 wherein it has been held that the compliance with the provision of Order 5, Rule 19 of the Code of Civil Procedure is mandatory. He has accordingly allowe......le against this order. 4. Mr. Abdul Quayum, the learned Advocate apÂpearing on behalf of the petitioner has urged that the learned appellate Court has in allowing the appeal committed an error of law which is apparent on the face of the record. According to him, the learned AddiÂtional District..Category: Procedural Law | Date: | Hits: 65
Shahabuddin Ahmed Vs. Upazila Education Officer, Bakerganj & others, 1988, 17 CLC (HCD)
....ion thereof, to dispose of the defendant's prayer for rejection of the plaint. Let the lower court record be sent down forth with. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 168. ......nother contestÂing candidate (opposite party No.4 herein) filed a petition under Order 7, Rule 11 of the Code of Civil Procedure for rejection of the plaint on the ground that the suit was barred by law, and the after on 7.5.88 the plaintiff filed a petition under Order 23 rule 1 (2) of the said Co..Category: Election Law | Date: | Hits: 206
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