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Akhtar Hossain Vs. Government of Bangladesh and others, 1991, 20 CLC (HCD)
....ke evidence to decide a disputed question of fact brought by the petitioner. In the result this application is summarily rejected. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 651. ......ce wherein he has stated everything in detail. 8. We have considered the submissions of the learned Advocate for the petitioner. It appears, in the first place, that the matter contains a disputed question of facts with regard to the number of population which this Court cannot, in its writ juris......e has stated everything in detail. 8. We have considered the submissions of the learned Advocate for the petitioner. It appears, in the first place, that the matter contains a disputed question of facts with regard to the number of population which this Court cannot, in its writ jurisdiction, go ..Category: Election Law | Date: | Hits: 137
Agrani Bank Vs. Artha Rin Adalat and others, 2003, 32 CLC (HCD)
....our considered view is that the Writ Petition against the impugned order is not maintainable. The writ petition is thus summarily rejected. Ed. This Case is also Reported in: 55 DLR (2003) 389. ......sion on the counter‑claim by way of revision or writ, because the counter‑claim was not patently maintainable and there is nothing wrong in the finding of the High Court Division on this material question. 5. Therefore, we find that there was no clear indication that against an interlocutory ......der dated 27‑11‑2002 passed by Artha Rin Adalat and Joint District Judge, 1st Court, Madaripur in Money Execution Case No.21 of 1993 rejecting an application for review. 2. Briefly stated, the facts are that the petitioner Bank instituted Money Suit No. 2 of 1993 before the Artha Rin Adalat N..Category: Administrative Law | Date: | Hits: 200
Rezaul Karim (Md.) Vs. State, 2002, 31 CLC (HCD)
....ly struck him by stick. Thereafter the accused Kashem shot at the victim by rifle and killed him. She identified the accused Hares, Bachchu and Kashem in the dock. In cross-examination she also, made identical statements as PWs 1 and 2. She also as one of the eye‑witnesses of the case, narrated pr......t liberty forthwith if not wanted in connection with another case. Send down the LC record with a copy of this judgment expeditiously. Ed. This Case is also Reported in: 55 DLR (2003) 382. ......t liberty forthwith if not wanted in connection with another case. Send down the LC record with a copy of this judgment expeditiously. Ed. This Case is also Reported in: 55 DLR (2003) 382. ..Category: Criminal Law | Date: | Hits: 71
Bangladesh Sugar and Food Industries Corporation Vs. Md. Kashem and others, 2002, 31 CLC (HCD)
....0‑3‑1995 passed by the Subordinate Judge, 3rd Court, Dhaka, in Title Suit No. 144 of 1975 are hereby set aside and the suit be dismissed. Ed. This Case is also Reported in: 55 DLR (2003) 350.......aka) 269. 13. Mr. Mahmudul Islam in reply to the submission of Mr. Rafiqul Haque submitted that here in this case the lease of the suit property having been given in favour of a statutory body the question of malafide does not arise at all. Mr. Islam further submitted that judgment of the Appella......ee passed in the First Appeal the plaintiff filed Civil Appeal No. 31 of 1981 before the Appellate Division and the same was allowed on 15‑1‑1982 with the direction as under; “In view of the facts and circumstances stated above, the appeal is allowed and the decisions of the courts below se..Category: Property Law | Date: | Hits: 122
State Vs. Deputy Commissioner, Satkhira and others, 1992, 21 CLC (HCD)
....y of its departments or organisations in order to mitigate his sufferings and compensate his loss to some extent. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 643. ......as acquitted on 30.06.92. Mr. Huq submits that this is absolutely false case in view of the fact that after four years it was not possible for him to make a confession about the arms in his house and question of concealing the arms in the house by a boy of 12 years is absolutely a got up story. We f......ut also declared illegal and inhuman. 15. In this case, all the absurdities, preposterousness and illegalities are apparent on the face of the records which do not call for any explanation. In the facts and circumstances of the case as stated above and from our discussion as made in the foregoing..Category: Criminal Law | Date: | Hits: 97
Power Grid Company of Bangladesh Ltd. Vs. Rowshon Ara Begum and others, 2011, 40 CLC (AD)
....ation of the paper book is disÂpensed with as prayed for. The order of stay granted earlier be extended till disposal of the appeal. Ed. This Case is also Reported in: VIII ADC (2011) 558. ......es of the case, the relevant laws and also several decisions cited from both the sides though found that there was agreement in between the requiring body and the Government before the acquisition in question as per requirement of the relevant law and that the acquisition in question was in public i...... lands acquired and as such the allegation of non-specification of the land acquired is not true. 7. The High Court Division, on hearing the learned Advocates of both the sides and considering the facts and circumstances of the case, the relevant laws and also several decisions cited from both th..Category: Property Law | Date: | Hits: 81
M/S. Rupanti Enterprise Vs. Unilever Bangladesh Limited and others…, 2011, 40 CLC (AD)
....nd respondent No.1 shall file the concise stateÂment within one week thereafter. The appeal is fixed for hearing on October 10, 2011. Ed. This Case is also Reported in: VIII ADC (2011) 551. ...... 2006 and 8885 of 2006. The present petitioner had no knowledge about the said order of injunction passed by the High Court Division before opening the letter of credit or importation of the goods in question and it imported the aforesaid goods manufactured by the Hindustan Unilever Limited. The ord......order as well as the order of injunction directing respondent Nos.2-6 not to allow the importation of the similar goods manufactured by the writ-petitioner. Mr. Islam has lastly submitted that in the facts and circumstances of the case and in view of the own finding of the High Court Division that t..Category: Fiscal/Taxation Law | Date: | Hits: 168
Chairman, National Housing Authority Vs. M/s. MR. Trading Co. and others, 2011, 40 CLC (AD)
....he plaintiff. The appeal is, therefore, allowed withÂout any order as to costs. The judgment of the High Court Division is set aside. Ed. This Case is also Reported in: VIII ADC (2011) 544. ......on that since the reports were submitted on a careful local investigation it is not safe for “a court to act as an expert and to overrule the elaborate report of a commissioner whose integrity is unquestioned and whose careful and laboÂrious execution of his task is proved by his report and who h......gation afresh in the light of such materials as may be legally brought in the record by the parties at the hearing of the suit and concluded that "the Commissioner's report is to be evaluated in the facts of the case on the evidence adduced and the Court has wide discretion in such matter. Mere acc..Category: Civil Law | Date: | Hits: 73
Shahidullah and others Vs. State, 1991, 20 CLC (HCD)
....bmitted by a police officer not below the rank of a Sub‑Inspector. The provision contained in sub‑section (1) of section 27 of the Special Powers Act in the matter of taking cognizance, is to say identical with section 19(1)(b) of the Code of Criminal Procedure with the only variation that excep......he Drug Court within 15 days from the date of receipt of the records by that Court from this Court. Send down the records at once. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 640. ......he Drug Court within 15 days from the date of receipt of the records by that Court from this Court. Send down the records at once. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 640. ..Category: Criminal Law | Date: | Hits: 60
Lal Mamud and others Vs. Siraj Miah and others, 1991, 20 CLC (HCD)
....s are discharged. No order as to costs. The trial Court is directed to proceed with the suit in accordance with law expeditiously. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 638. ......r while Civil Revision No.383 of 1985 at the instance of defendant No.88 petitioner. 2. The facts necessary for disposal of these Rules are as follows: In Civil Revision No.383 of 1985 a simple question falls for determination is whether written statement can be filed after the suit, on appeal......t AM Mahmudur Rahman J.- Civil Revision No.605 of 1985 is at the instance of the plaintiff‑petitioner while Civil Revision No.383 of 1985 at the instance of defendant No.88 petitioner. 2. The facts necessary for disposal of these Rules are as follows: In Civil Revision No.383 of 1985 a si..Category: Property Law | Date: | Hits: 79
Mustafa Kamal and others Vs. Director of Land Records and others, 1991, 20 CLC (HCD)
....ed 31.3.1986 (Annexure G to the petition) calling upon the respondents to show cause why the same should not be declared to have been made without lawful authority and of no legal effect. 2. Since identical question of facts as well as law having been involved in these two Rules the same are bein......86 (Annexure G to the petition) calling upon the respondents to show cause why the same should not be declared to have been made without lawful authority and of no legal effect. 2. Since identical question of facts as well as law having been involved in these two Rules the same are being heard an...... G to the petition) calling upon the respondents to show cause why the same should not be declared to have been made without lawful authority and of no legal effect. 2. Since identical question of facts as well as law having been involved in these two Rules the same are being heard and will now b..Category: Property Law | Date: | Hits: 73
AKM Mukhlesur Rahman Vs. State, 1991, 20 CLC (HCD)
....lled against him and he is acquitted of same. He is discharged from his bail bond. Let the lower Court records be sent down at once. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 626.......vict‑appellant and he has taken me through the evidence of the witnesses examined on behalf of the prosecution and also the documents marked exhibits before the trial Court. The appeal was heard on question of fact as well as of law. 8. The learned Advocate appearing on behalf of the appellant ......lled against him and he is acquitted of same. He is discharged from his bail bond. Let the lower Court records be sent down at once. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 626...Category: Criminal Law | Date: | Hits: 90
....ayer in disposing of a matter under Article 102 of the Constitution.
The Rule is therefore discharged without any order as to costs.
Ed.
This Case is also Reported in: 45 DLR (HCD) (1993) 619.......he said second inquiry committee for interrogation on 9.8.89 at Babuganj Pilot High School. The petitioner accordingly appeared before the committee and he was interrogated and he gave replies to the questions asked, in writing in his own hand. The said inquiry committee visited various places and e...... such examination for next 5 years. In the said notice the details of the charges were given as found by the inquiry committee.
13. The inquiry report revealed in substance, that by suppression of facts the petitioner got his examination centre transferred to Babuganj. Signature of Md. Ishaque ap..
Category: Civil Law | Date: | Hits: 159
Md. Yusuf Ali and other Vs. The State, 2011, 40 CLC (AD)
.... petition to interfere with the impugned judgment of the High Court Division. Accordingly, the petition is dismissed. This Case is also Reported in: VIII ADC (2011) 532, 17 MLR (AD) (2012) 153. ...... petition to interfere with the impugned judgment of the High Court Division. Accordingly, the petition is dismissed. This Case is also Reported in: VIII ADC (2011) 532, 17 MLR (AD) (2012) 153. ...... ordered that out of the fine amount of Tk. 27,000/- was to be paid to the heirs of the victim in accordance with Muslim Law of inheritance and remaining Tk. 5,000/- was to go to the State. 2. The facts relevant for disposal of the instant leave petition are that on 29.12.1996 the victim Motafa w..Category: Criminal Law | Date: | Hits: 52
Globe Bruges Ltd. Vs. Arab Bangladesh Bank Ltd. And others, 2011, 40 CLC (AD)
....e appeal on assigning proper reasons. We, therefore, find no reason to interfere with the same. The petition is accordingly dismissed. Ed. This Case is also Reported in: VIII ADC (2011) 483. ......e appeal on assigning proper reasons. We, therefore, find no reason to interfere with the same. The petition is accordingly dismissed. Ed. This Case is also Reported in: VIII ADC (2011) 483. ....... - This petition for leave to appeal is directed against the judgment and decree dated 7th January, 2010 of a Division Bench of the High Court Division in First Appeal No.78 of 2007. 2. The short facts relevant for the disposal of this petition are that the petitioner instiÂtuted Title Suit No...Category: Civil Law | Date: | Hits: 93
Kazi Kamrul and others Vs. State, 2011, 40 CLC (AD)
....the High Court Division. The contentions raised by the learned counsel merit no consideration. The petition is, therefore, dismissed. Ed. This Case is also Reported in: VIII ADC (2011) 529. ......for the petitioners has taken us to the evidence on record and submitted that the High Court Division erred in law in maintaining the conviction in failing to consider that the arms and ammunition in question were not recovered from the direct possession of the accused-responÂdents which were said ......the High Court Division. The contentions raised by the learned counsel merit no consideration. The petition is, therefore, dismissed. Ed. This Case is also Reported in: VIII ADC (2011) 529. ..Category: Criminal Law | Date: | Hits: 64
Bashaboo Girls High School Vs. Sharafunnessa and others, 2011, 40 CLC (AD)
....le". Security of Tk. 1000/- is to be depositÂed within 1 (one) month. Preparation of paper book, is dispensed with, as prayed for. Ed. This Case is also Reported in: VIII ADC (2011) 498. ......passed by the High Court Division is against law inasmuch as Section 14A of the Emergency Requisition and Acquisition of Properties Act, 1948 has put a bar in preferÂring a civil suit in raising any question as to any acquisition made under the said Act and that the High Court Division failed to co......on failed to consider such legal aspect of the case. 10. The learned Advocate-on-Record appearing on behalf of the respondent No. 9 found it difficult to resist the leave petition in the aforesaid facts and circumstances. 11. Considering the facts and circumÂstances of the case and the submis..Category: Property Law | Date: | Hits: 70
....ring the plaintiffs' title in the suit land."
Petitioner is permitted to prepare the paper book out of Court in accordance with rules.
Ed.
This Case is also Reported in: VIII ADC (2011) 479.
......ring the plaintiffs' title in the suit land."
Petitioner is permitted to prepare the paper book out of Court in accordance with rules.
Ed.
This Case is also Reported in: VIII ADC (2011) 479.
......ring the plaintiffs' title in the suit land."
Petitioner is permitted to prepare the paper book out of Court in accordance with rules.
Ed.
This Case is also Reported in: VIII ADC (2011) 479.
..
Category: Property Law | Date: | Hits: 76
Ali Amzad Khan Vs. Md. Titam Khan and others, 2011, 40 CLC (AD)
....000/- is to be deposited within 1 (one) month. Petitioner is permitted to prepare the paper book out of Court in accordance with rule. Ed. This Case is also Reported in: VIII ADC (2011) 495. ......000/- is to be deposited within 1 (one) month. Petitioner is permitted to prepare the paper book out of Court in accordance with rule. Ed. This Case is also Reported in: VIII ADC (2011) 495. ......that he collusively creÂated the impugned deed. 6. We have perused the judgment of the Courts below and that of the High Court Division and also other materials on record. On consideration of the facts and circumstances of the matter, we find merit in the contention of the learned counsel. Le..Category: Property Law | Date: | Hits: 87
..... Since review does not mean rehearing of the matter, we find no merit in the review petition.
The petition is accordingly dismissed.
Ed.
This Case is also Reported in: VIII ADC (2011) 477.
....... Since review does not mean rehearing of the matter, we find no merit in the review petition.
The petition is accordingly dismissed.
Ed.
This Case is also Reported in: VIII ADC (2011) 477.
....... Since review does not mean rehearing of the matter, we find no merit in the review petition.
The petition is accordingly dismissed.
Ed.
This Case is also Reported in: VIII ADC (2011) 477.
..
Category: Procedural Law | Date: | Hits: 76
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