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Abul Kashem Vs. State, 1997, 26 CLC (HCD)
....d. Impugned conviction and sentence as aforesaid are set aside. Appellant Abul Kashem @ Kasum @ Kashu is discharged from his bail bond. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 356.......e Appellant. Syed Abu Kowser, Assistant Attorney-General - For the State. Criminal Appeal No.817 of 1991. Judgment Mohammad Gholam Rabbani J.- This appeal is directed against the judgment and order dated 28-5-1991 passed by the learned Special Tribunal Judge, Court No.1 Bogra, in Special......pellant. Syed Abu Kowser, Assistant Attorney-General - For the State. Criminal Appeal No.817 of 1991. Judgment Mohammad Gholam Rabbani J.- This appeal is directed against the judgment and order dated 28-5-1991 passed by the learned Special Tribunal Judge, Court No.1 Bogra, in Special Cas..Category: Criminal Law | Date: | Hits: 94
Chandi Proshad Dhar Vs. Bibha Rani Dhar & Others, 1996, 25 CLC (HCD)
.... substance in this Rule. The Rule is discharged without cost. Order of stay passed at the time of issuance of the Rule is hereby vacate Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 355....... Case is also Reported in: 50 DLR (HCD) (1998) 355.......plication for adding him as a party in the probate case. It may be mentioned here that the testator died leaving a son Prohallad Kumar Dhar as opposite party No.2 besides the legatee. By the impugned order dated 25-5-95 learned District Judge rejected the application for addition of party and hence ..Category: Property Law | Date: | Hits: 70
Halima Jaman and other Vs. Government of Bangladesh, 1998, 27 CLC (HCD)
....ld have lived but in the house of defendant No.1, namely, Abdus Satter Solaiman where the presence of both the wife of the plaintiff in the house of Abdus Satter Solaiman and of P.W.2, his brother-in-law, would be not be very normal and natural in the facts and circumstances of the case, they having......s Case is also Reported in: 50 DLR (HCD) (1998) 352. ......posite parties to show cause as to why the Judgment and decree dated 12th April, 1994, passed by a Division Bench of this Court in First Appeal No.184 of 1990 should not be reviewed and/or such other order or orders passed as to this court may seem fit and proper. 2. Original plaintiff Asaduzzama..Category: Property Law | Date: | Hits: 89
Shefali Rani and others Vs. Makhan Chandra Das and others, 1990, 19 CLC (HCD)
....985 in the following manner: (a) for the words “some portion” the words “major portion” shall be substituted”. So the provision of section 28 as was there earlier did not authorise by law, the Sub-register Begumgonj to register the deeds in question as no property invoked within the ...... costs. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 341. ...... office has been to be amalgamated to exercise and perform, in addition to his own powers and duties, all or any of the powers and duties of the registrar to whom he is subordinate.” There is no order or any circular from the Government or any authority concerned, showing amalgamation of the 2 ..Category: Procedural Law | Date: | Hits: 105
Shaheen Mahmood Alam (Md.) Vs. Ziaur Rahman & others, 1997, 26 CLC (HCD)
....e respondent No.1 having had defaulted payment of loan taken from the House Building Finance Corporation was a defaulter and, as such, acceptance of his nomination paper has been accepted without any lawful authority. He refers to Annexure-‘B’ objection and Annexures-‘D’ & ‘D1’ lette......ition No.7179 of 1997. Judgment AM Mahmudur Rahman J.- The petitioner impugnes the order of acceptance of nomination paper of the respondent No.1 seeking election as a Chairman of the local Kulkandi Union Parishad PS Islampur, District-Jamalpur. He submitted the nomination paper on 4-11-97. ......Jamiruddin Sircar, Advocate - For Petitioner. Muhammad Nazrul Islam, Advocate - For Respondent. Writ Petition No.7179 of 1997. Judgment AM Mahmudur Rahman J.- The petitioner impugnes the order of acceptance of nomination paper of the respondent No.1 seeking election as a Chairman of the..Category: Election Law | Date: | Hits: 153
Mokthar Masum Abedin and others Vs. Nironjan Kumar Mondol and others, 1997, 26 CLC (HCD)
....in the suit is a revisable order needed to be revised in Revisional Jurisdiction under section 115 of the Code and, as such, the Civil Revision is quite maintainable. Misdescription of a provision of law or misquotation of a particular section or Order or Rule in the heading cannot stand in the way ......acated. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 341.......sion No. 2247 of 1993. Judgment AK Badrul Huq J.- By this application under section 115(1) of the Code of Civil Procedure, the pendente lite-transferee-petitioners question the propriety of the order dated August 2, 1993 passed by the learned Assistant Judge, Sathkhira in Title Suit No.4 of 19..Category: Procedural Law | Date: | Hits: 74
Ziauddin Ahmed Vs. Bangladesh,1994, 23 CLC (HCD)
....2 dated 12.12.92 issued by respondent No. 1, under the signature of respondent No.3. refusing to issue passport to the petitioner Ziauddin Ahmed 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 is, that he is a for......……………………………………………………………………..Petitioner Vs. Bangladesh, represented by the Secretary, Ministry of Home Affairs, Bangladesh Sachibalaya, Dhaka and Others………………………………………………….Respondents Judgment April......e BCS Cadre and was Lecturer in English in the Eden Girls' College on deputation. She was awarded a Fulbright Scholarship for prosecution of higher studies in USA. The Government of Bangladesh by its order dated 25.7.91, approved her extra‑ordinary leave to prosecute higher studies in USA and ther..Category: Constitutional Law | Date: | Hits: 238
Mayurer Nessa and others Vs. Julekha Khatoon and others, 1994, 23 CLC (HCD)
....e estopped from giving a go by to the same to the prejudice of the said defendants. 11. In the aforesaid facts and circumstances of the case I find that decision of the Courts below is contrary to law in not giving effect to the compromise effected between the plaintiffs and non‑contesting defe......d 4.3.1964. Ed. This case is also Reported in: 47 DLR (HCD) (1995) 26.......ees of the Courts below are modified and the suit is decreed in part in preliminary form in terms of compromise petition dated 4.3.1964. Ed. This case is also Reported in: 47 DLR (HCD) (1995) 26...Category: Procedural Law | Date: | Hits: 85
Abdul Motaleb Shaque and others Vs. State, 1994, 23 CLC (HCD)
....is nothing to interfere with the impugned order. The Rule is discharged. The stay order granted earlier by this Court is hereby vacated. Ed. This Case is also Reported in: 47 DLR (HCD) (1995) 24....... This Case is also Reported in: 47 DLR (HCD) (1995) 24.......General - For the State. Criminal Revision No. 1107 of 1992. Judgment KM Hasan J. - This Rule was issued calling upon the Deputy Commissioner, Bagerhat to show cause as to why the impugned order dated 29.7.92 passed in Sessions Case No. 30 of 1991 by the learned Additional Sessions Judge,..Category: Procedural Law | Date: | Hits: 80
Santosh Kumar Paul Vs. Nuruddin Ansari, 1993, 22 CLC (HCD)
....nd cannot interfere with such question of fact. 16. I have heard the learned Advocate of both the sides and carefully considered their submissions vis‑a‑vis evidence on record and the relevant laws and I find much force in the above submissions of the learned Advocate, for the respondent Nuru......t Vs. Nuruddin Ansari.... ..................................Respondents Judgment November 25, 1993. Result: The Appeal is allowed in part. Cases Referred to- Abdul Mannaf Khan and others Vs. Bangladesh and another, 38 DLR (AD) 201; Durga Chowdrain v. Jawahir Singh, 17 Indian ......sari was a disciple (Murid) of the Pirshaheb of Medinipur situated within West Bengal. That defendant No. 1 the present respondent used to visit the shop of the plaintiff for obtaining photographs in order to procure passport for visiting his Pirshaheb at Medinipur and in this way some intimacy deve..Category: Procedural Law | Date: | Hits: 129
Lt. Cdr (Retd) AHM Mahmud Vs. Masud Ahmed, 2010, 39 CLC (HCD)
.... than one year after it was submitted. By judgment and order dated 07-2-2005 the Rule in the aforementioned writ petition was made absolute declaring the impugned memo to have been made without any lawful authority and of no legal effect. The respondents in the writ petition took the matter before......রাষ্ট/৬১৩ dated 09-3-1991 passed by the then Secretary of the Muktijudda Kalyan Trust accepting the petitioner's resignation more than one year after it was submitted. By judgment and order dated 07-2-2005 the Rule in the aforementioned writ petition was made absolute declaring t....... Contempt Petition No. 61 of 2008. (Arising out of Writ Petition No.377 of 1991). Judgment Md. Imman Ali J.- The petitioner previously filed Writ Petition No.377 of 1991 challenging the order under Memo No. প্রশা-৩/১৩১/১০ ট্রাষ্ট/৬১৩ dated 09-3..Category: Employment/Service Law | Date: | Hits: 156
Abdus Sattar and another Vs. Md. Ali Hossain Prodhan, 2009, 38 CLC (HCD)
....udge, therefore, learned Special District Judge, have to comply the order passed by learned District Judge, but by rejecting such application the learned Special District Judge, committed an error of law, resulting in an error in the decision occasioning failure of justice. 5. The Rule is not opp...... order at once. Ed. This Case is also Reported in: 63 DLR (HD) (2011) 147.......osite party. Civil Revision No. 489 of 2007. Judgment SM Ziaul Karim J.- This Rule at the instance of defendant respondent petitioners, calls in question the legality and propriety of the order dated 27-9-2006 passed by learned Special District Judge, and Paribesh Adalat, Dhaka refusing ..Category: Civil Law | Date: | Hits: 95
Obaidullah Khondaker (Sohel) Vs. Government of Bangladesh and others, 2010, 39 CLC (HCD)
....extracting ordinary stone using no heavy machinery from 30 hectares of land in Mouza Balabari, Lohakachi and Majheepara within Upazila-Tetulia, District-Panchagar should not be declared to be without lawful authority and of no legal effect and why the respondents should not be directed not to distur......Special Original Jurisdiction) Present: Moyeenul Islam Chowdhury J AKM Abdul Hakim J Obaidullah Khondaker (Sohel)............................Petitioner Vs. Government of Bangladesh and others…………………………Respondents Judgment February 22, 2010. Result: ......ight using no heavy machinery over 30 hectares of land in Mouza Balabari, Lohakachi and Majheepara within Upazila-Tetulia, District-Panchagar in extracting ordinary stone as is evident from the lease-order dated 6-2-2006 (Annexure-'B' to the Writ Petition) and such other or further order or orders p..Category: Property Law | Date: | Hits: 66
Abul Hasnat Md. Belal Vs. Md. Alauddin and others, 2008, 37 CLC (HCD)
....8. Secondly, the impugned order is not a speaking order inasmuch as without assigning any reason the learned Judge of the Court below passed the impugned order which cannot be sustained in the eye of law. 9. Mr. Rabi Shankar Chakraborty, the learned Advocate appearing for the opposite party No.1 ......41....... Chakraborty, Advocate—For the Opposite Party No.1. Civil Revision No.1443 of 2002. Judgment SM Ziaul Karim J.- This Rule calls in question the legality and propriety of the judgment and order dated 17-1-2002 passed by the learned Joint District Judge, First Court, Chittagong, in Title ..Category: Procedural Law | Date: | Hits: 90
Ataur Rahman (Md.) Vs. Bangladesh and others, 2010, 39 CLC (HCD)
....dges and other Judicial officers, equivalent to the rank of District Judges to the concerned officers of the administrative and other cadres therein should not be declared to have been issued without lawful authority and to be of no legal effect and why the respondents should not be directed to plac...... (Special Original Jurisdiction) Present: Syed Refaat Ahmed J Moyeenul Islam Chowdhury J Ataur Rahman (Md.)...............Petitioner Vs. Bangladesh and others…………………Respondents Judgment February 4, 2010. Res......rict Judges on a par with the holders of constitutional posts and above the positions of the persons in the service of the Republic in the aforesaid Warrant of Precedence and/or such other or further order or orders passed as to this Court may seen fit and Proper. 2. The case of the petitio..Category: Constitutional Law | Date: | Hits: 270
Bazlur Rahman (Md.) Vs. Government of the People's Republic of Bangladesh, 2009, 38 CLC (HCD)
....ngladesh..........Respondents Judgment July 15, 2009. Result: The Rule is made absolute. Privilege once given cannot be taken away without due process of law and if there is any plan to stop the privilege, the beneficiaries must be served with notice or ......desh..........Respondents Judgment July 15, 2009. Result: The Rule is made absolute. Privilege once given cannot be taken away without due process of law and if there is any plan to stop the privilege, the beneficiaries must be served with notice or give......pondents should not be directed to give the State Remuneration to the petitioners as per the amount received by them as shown in Annexure- 'C' with effect from June, 2003 and or such other or further order or orders passed as to this Court may seem fit and proper." 2. In the writ petition, ..Category: Others | Date: | Hits: 149
Abul Basher Chowdhury Vs. Habibur Rahman Mia and others, 1978, 7 CLC (AD)
....urisdiction wherein the appellant made a prayer for declaring the order No.12 dated 15-7-77 passed by the Election Tribunal (Munsif, 2nd Court), Chandpur in Election Petition No. 5 of 1977 as without lawful authority and of no legal effect. 2. By the impugned order the election of the appellant w...... order as to costs. Ed. This Case is also Reported in: 31 DLR (AD) (1979) 297.......J.- This appeal by special leave is against the summary dismissal of the writ petition by a Bench of the High Court passed in writ jurisdiction wherein the appellant made a prayer for declaring the order No.12 dated 15-7-77 passed by the Election Tribunal (Munsif, 2nd Court), Chandpur in Election ..Category: Election Law | Date: | Hits: 159
American Life Insurance Company Vs. Dacca Poura Shaba and others, 1978, 7 CLC (AD)
....pality moved the High Court in the writ jurisdiction being Writ Petition No.159 of 1971, contending, inter alia, that the Additional Commissioner totally misconceived, misconstrued and misapplied the law in taking the view that the Municipality in levying tax could not exceed 17%, that is, the ceili...... Court Appellate Division (Civil) Present: Fazle Munim J Ruhul Islam J KM Subhan J American Life Insurance Company……………………Appellant Vs. Dacca Poura Shaba and others……………………Respondent Judgment May 23, 1978. Result: The appeal ......the question of maintainability it was firstly contended that the Writ at the instance of the Dacca Municipality or Dacca Pourashava was maintainable; and secondly, it was contended that the impugned order of the Additional Commissioner being an executive order passed by the superior authority, ..Category: Fiscal/Taxation Law | Date: | Hits: 156
Bangladesh Steamer Agent's Association Vs. Bangladesh & others, 1979, 8 CLC (AD)
....adesh Steamer Agent's Association”. This order has been issued under section 8(1)(b) of the Ordinance which is as follows: "8. (1) Notwithstanding anything contained in the Act or in any other law for the time being in force or in the articles or memorandum— (b) The (Appropriate Governme......dgment May 31, 1979. Result: The appeal is allowed. Cases Referred to- Abul Alla Moududi Vs. Govt. of East Pakistan, (1965) 17 DLR (SC) 209; PLD 1964 SC 673; Abdur Rahman Vs. Collector and Deputy commissioner, (1964) 16 DLR (SC) 461; Eidge Vs. Baldwin and others, (1963) 2 All R.R. 66.......; 2. S.R. Pal, Senior Advocate, with S.C. Das, Advocate, instructed by A. Rab-II, Advocate-on-Record - For the Respondent Nos. 3 & 4. Civil Appeal No. 36 of 1979. (From the Judgment and order dated 23.2.79 passed by the High Court Division in Writ Petition No. 1003 of 1978.) Judgmen..Category: Business or Commercial Law | Date: | Hits: 208
State Vs. Monsur Alam alias Mon Miah and others, 2012, 41 CLC (AD)
....ether the High Court Division erred in treating the P.Ws.1-4, who are eye witnesses as being not reliable, and finding the case to be an embellishment; II. Whether the High Court Division erred in law in acquitting the convict respondents while not taking into consideration the confessional sta......mud Hossain J Muhammad Imman Ali J Md. Momtazuddin Ahmed J Md. Shamsul Huda J The State……………………………………………..Petitioner Vs. Monsur Alam alias Mon Miah and others……………………………Respondents Order December 5, 2012. Result: ...... Abu Siddique, Advocate-on-Record—For the Respondent Nos.1 & 2. For the Respondent No.3—Not represented. Criminal Petition for Leave to Appeal No. 533 of 2011. (From the judgment and order dated 23rd March, 2011 passed by the High Court Division in Criminal Appeal No.4412 of 2006) ..Category: Criminal Law | Date: | Hits: 122
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