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Air Marshal Jamaluddin Ahmed (Retd) Vs. Government of Bangladesh and others, 2004, 33 CLC (HCD)
....om the date of receipt of the copy of this judgment and order. In the result, the Rule is made absolute but without any order as to costs. Ed. This Case is also Reported in: 57 DLR (2005) 1. ......onstitution and obeys its commands to the letter. Article 62 of the Constitution provides for raising and maintaining of defence services. Article 62 reads as follows: "62. (1) Parliament shall by law provide for regulating- (a) the raising and maintaining of the defence services of Bangladesh..Category: Employment/Service Law | Date: | Hits: 148
State Vs. Abdul Hatem, 2003, 32 CLC (HCD)
....Jamalpur in Sessions Case No. 76 of 1999 arising out of Sarishabari Police Station Case No. 19(6)/97 corresponding to GR Case No. 462(2)97. Ed. This Case is also Reported in: 56 DLR (2004) 431. ......n 23‑6‑1997 at Village ‑ Kabaria Bari Guchhagram under Police Station Sarishabari District‑Jamalpur, Hatem had been marked as the author of stabbing. 2. Following murder of Rahima Khatun law was set in motion on laying a First Information Report with Sarishabari Police Station by Abul K..Category: Criminal Law | Date: | Hits: 75
Mozibar Rahman Molla (Md) and another Vs. Rehazuddin and others, 2003, 32 CLC (HCD)
....ons made in this judgment. Send down a copy of this judgment along with the Lower Courts Record to the trial Court at once for compliance. Ed. This Case is also Reported in: 56 DLR (2004) 427.......r that the impugned judgment and order of affirmance is violative of the mandatory provisions of sub-rule (2) of rule 4 of Order XX of the Code of Civil Procedure, Therefore, it suffers from error of law which has resulted in the error in the decision occasioning failure of justice and, as such, the..Category: Property Law | Date: | Hits: 98
Ziaul Hoque alias Bakul Vs. Md Sirajul Islam and others, 2002, 31 CLC (HCD)
.... election for the post of Chairman of No.15 North Ichapur Union Parishad immediately in accordance with law. Send down the records at once. Ed. This Case is also Reported in: 56 DLR (2004) 424. ...... Kabir and Mr. Khandakar Aminul Huq, learned Advocates for the petitioner submits that the Electoral Rolls Rules, 1982 prepared under the Electoral Ordinance, 1982 has a presumption of correctness in law. He submits that section 17 of the said Ordinance clearly bars the jurisdiction of Court to ques..Category: Election Law | Date: | Hits: 156
Ambala Cold Storage (Pvt.) Ltd. Vs. Prime Insurance Co. Ltd., 2001, 30 CLC (HCD)
....ed without any order as to costs. The petitioner may, however, make their claim before the competent civil Court in terms of the policy. Ed. This Case is also Reported in: 56 DLR (2004) 422. ......spondent on 9‑8‑1999 requesting the respondent to pay the petitioner's admitted claim, but the respondent company did not make any response whatsoever. Then on September 20, 1999 the petitioner's lawyer served a notice under section 241 of the Companies Act, 1994 upon the respondent to settle th..Category: Company Law | Date: | Hits: 168
....tainable, we do not think it is necessary to consider other grounds.
In the result, the Rule is discharged with no order as to costs.
Ed.
This Case is also Reported in: 49 DLR (HD) (1997) 27. ......subsequent order or orders passed pursuant to the said order (Annexure‑K), including Memo No.PSB (Pra:18S‑18/89‑90/704 dated 9-9-90 (Annexure‑Q) should not be declared, to have passed without lawful authority and is of no legal effect.
2. The facts, in short, as stated in the petition are..
Category: Criminal Law | Date: | Hits: 78
Commander (Rtd) A A Chowdhury Vs. AKM Imam Hossain and others, 1996, 25 CLC (HCD)
.... reference by this Court. In the result, the Rule is discharged with costs. The stay granted earlier by this Court is hereby vacated. Ed. This Case is also Reported in: 49 DLR (HD) (1997) 23 ......te appearing on behalf of the defendant No.2 petitioner, submitted that there was no prayer in the plaint for recovery of arrear rent and, as such, the learned Courts below have committed an error of law and of fact in passing the decree for recovery of arrear rent. The learned Counsel argued that t..Category: Property Law | Date: | Hits: 65
Mokbul Ahmed Vs. Shamsul Rashid and others, 1996, 25 CLC (HCD)
....in Civil Revision No.250 of 1991 for stay has become infructous and the same is, accordingly, discharged without any order as to costs. Ed. This Case is also Reported in: 49 DLR (HD) (1997) 18. ......peal below reported in 37 CWN 892 (Srimati Ebratunnessa Bibi & ors Vs. Debendra Nath Sen & ors) it has been held that: The question in such circumstances is the question of intention. The law in this respect well settled. The intention of the settler has to be inquired into in order to m..Category: Trust/Waqf Law | Date: | Hits: 165
Abu Bakkar Siddique Vs. Justice Shahabuddin Ahmed and others, 1996, 25 CLC (HCD)
.... of the Constitution for preferring an appeal before the Appellate Division against our judgment. There will be no order as to costs. Ed. This Case is also Reported in: 49 DLR (HD) (1997) 1. ...... Mainul Hosein‑Amicus Curiae. Writ Petition No. 3067 of 1996. Judgment Md. Mozammel Hoque J. - This Rule was issued calling upon the Respondents to show cause as to under what authority of law the declaration of the respondent No.2 declaring the Respondent No.1 as President of the People'..Category: Constitutional Law | Date: | Hits: 200
Ripon Howlader Vs. State, 2009, 38 CLC (AD)
....the above, we find no substance in the submissions of the learned Advocate for the petitioner. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: VIII ADC (2011) 715.......n between accused Ripon and the deceased. Ripon gave fists and blows to the deceased. The deceased leaving the passengers at about 9:00 A.M. came with his tempu in front of the house of his father-in-law where he used to reside and complained to Kabir Fakir and Ali Akbar Munshi against Ripon. In the..Category: Criminal Law | Date: | Hits: 81
Government of Bangladesh and others Vs. Mohammad Alamgir Hossain and others, 2011, 40 CLC (AD)
.... the respondents are also directed to file concise statements by 3rd April, 2011. The appeals are fixed for hearing on 25th April, 2011. Ed. This Case is also Reported in: VIII ADC (2011) 702. ......ee from all encumbrances". Section 14A imposes an express bar on the entertainment of any suit against any order passed or any action taken under the said Act. On consideration of these provisions of law, the judgment and order of the High Court Division and the judgment of this Division, we find ..Category: Property Law | Date: | Hits: 57
Md. Saidur Rahman Vs. Farid Uddin Mahmud and others, 2011, 40 CLC (AD)
....he has appreciated that the impugned judgment is a well reasoned one. We find no merit in this petition, which is accordingly dismissed. Ed. This Case is also Reported in: VIII ADC (2011) 698.......grounds specified in Order 47 Rule 1 of the Code of Civil Procedure that is to say, error apparent on the face of the record or omission to bring to the notice of the Court the relevant provisions of law or discovery of a new and important matter of evidence which, after exercise of due diligence, w..Category: Property Law | Date: | Hits: 81
Mosammat Manikjan Bibi Vs. Md. Jalil alias Abdul Jajil and others, 2011, 40 CLC (AD)
....nd reversed the judgment and order passed by the appellate Court. We find no substance in this petition which is accordingly dismissed. Ed. This Case is also Reported in: VIII ADC (2011) 695. ...... Abdul Wadud Bhuiyan, learned Senior Counsel appearing for the petitioner, submits that the pre-emptee failed to prove that the disputed jama was separated after complying with all the formalities of law. He further submits that the petitioner could not produce the relevant record of Mutation Case N..Category: Property Law | Date: | Hits: 58
....lant shall submit the concise statements by 12th April, 2011 and 1(one) week thereafter the respondent will file the concise statements.
Ed.
This Case is also Reported in: VIII ADC (2011) 685.
......0.00=(13,50,000.00+67,500.00) as statutory requirement. The executing Court rejected the application by its order dated 20.11.2006 on the finding that the application was not filed in accordance with law. In the order dated 20.11.2006 the executing Court did not mention anything about the shortfall ..
Category: Property Law | Date: | Hits: 48
Government of Bangladesh and another Vs. Monwarul Alam and others, 2011, 40 CLC (AD)
....rder dated the 2nd March, 2010 passed by the High Court Division in Civil Revision No.1737 of 1996 is stayed till disposal of the appeal. Ed. This Case is also Reported in: VIII ADC (2011) 679. ......s illegal and without jurisdiction without declaration of title to the suit property was not maintainable under section 42 of the Special Relief Act (the Act), therefore, the appellate Court erred in law in decreeing the suit, and the learned Judge of the High Court Division failed to consider the s..Category: Property Law | Date: | Hits: 54
Md. Shamsul Hoque Vs. Md. Jabbar and another, 2011, 40 CLC (AD)
....epare the paper book out of court in accordance with Rules. The order of stay granted earlier be extended till disposal of the appeal. Ed. This Case is also Reported in: VIII ADC (2011) 673. ......intiff in favour of the defendant and the defendant, on payment of consideration money, got possession of the land and had been possessing the same the possession of the defendant in the said land is lawful possession and that a lawful possession cannot be considered as adverse possession and as suc..Category: Property Law | Date: | Hits: 76
Shaki Md. Shoaib and others Vs. Md. Kashem Ali Bhuiyan and others, 2011, 40 CLC (AD)
.... Court Division which shows that he has accepted the decree passed by the High Court Division. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: VIII ADC (2011) 668. ......but only 33 decimals of land which he failed to discharge, but the High Court Division failed to consider the said admitted factual aspect of the case in its proper perspective and thus, erred in law in not decreeing the suit as a whole, therefore, the impugned judgment and decree calls for inte..Category: Property Law | Date: | Hits: 72
Bangladesh Legal Aid and Services Trust Vs. Bangladesh and others, 2007, 36 CLC (HCD)
....we find no merit in this Rule. In the result the Rule is discharged without any order as to costs. Tariq ul Hakim J.- I agree. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 203. ......ice in the Daily Sangbad dated 22.4.1999 inviting tenders from purchasers for sale of commercial plot no. 38-A at Gulshan Second Circle (Annexure-D) should not be declared to have been passed without lawful authority and is of no legal effect. 2. Short facts relevant for the purpose of disposal ..Category: Property Law | Date: | Hits: 135
Manjurul Huq Vs. Bangladesh and others, 1991, 20 CLC (HCD)
....0.1.91 when a Sub‑Inspector of Ramna PS would also be present. On the grounds stated above the application is summarily rejected. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 239.......e Chief Metropolitan Magistrate respondent No.7 asking Mr. Faruk Ahmad Khan, Metropolitan Magistrate to be present in the said Association's canteen should not be declared to have been issued without lawful authority and to be of no legal effect. The petitioner prays for declaration that h responden..Category: Civil Law | Date: | Hits: 56
Rupali Jute Baling Ltd. Vs. Agrani Bank, 1991, 20 CLC (HCD)
....result, this rule in discharged without any order as to cost. The appeal being FAT No.567/1989 is dismissed being barred by limitation. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 232.......olative of the Government Regulations was invalid. On this pleadings the court below took up the hearing of the suit during which the plaintiff examined P.W.1 and was cross examined by the defendants lawyer on 22.12.88 and the suit was fixed for further hearing on 13.2.89. On that day the defendant ..Category: Procedural Law | Date: | Hits: 111
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