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Jamshed Ali and others. Vs. Azman Ali, 2008, 37 CLC (AD)
....urt Division considered all aspects of this mater and we do not find any legal infirmity in the impugned judgment. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: ...........................Petitioners Vs. Azman Ali being dead his heirs Putul Bibi and others........Respondents Judgment June 9, 2008. Lawyers Involved: Mohammad Nawab Ali, Advocate-on-record - For the Petitioners. Not represented – the Respondent. Civil Petition for Leave to ......urt Division considered all aspects of this mater and we do not find any legal infirmity in the impugned judgment. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: ..Category: Property Law | Date: | Hits: 69
Bangladesh and others Vs. Md. Abdul Malek and others, 2009, 38 CLC (AD)
....delay and thereby dismissed the appeal which requires to interference by this Court. Accordingly, the appeal is allowed with cost of Tk. 200/-. Ed. This Case is also Reported in: ......dgment January 14, 2009. Case Referred to- Bangladesh Vs. Jaheruddin, 6 BLD (1986) (AD) 180. Lawyers Involved: JBM Hasan, Deputy Attorney General, instructed by B. Hossain, Advocate-on-record-For the appellants. AFM Meshbauddin, Senior Advocate, instructed by AKM Shahidul Huq, Advo......delay and thereby dismissed the appeal which requires to interference by this Court. Accordingly, the appeal is allowed with cost of Tk. 200/-. Ed. This Case is also Reported in: ..Category: Procedural Law | Date: | Hits: 86
Government of Bangladesh and others. Vs. Bokul Mia and others, 2009, 38 CLC (AD)
....on. In the circumstances of the case, we do not find any legal infirmity in the impugned judgment of the High Court Division. The appeal is dismissed. Ed. This Case is also Reported in: ......sed is quite correct and the petitioners have no legitimate ground to challenge the compensation so assessed. 8. The High Court Division upon hearing the parties and on perusal of the materials on record while making the Rule absolute observed that admittedly, the case land belonging to the petit......ide L.A. Case No. 15 of 1999-2000 for the purpose of setting up a 132/11 KV power sub-Station by the writ respondent No.2, DESA. It was also admitted that after initiation of the L. A. proceeding and service of notice under section 3 of the Acquisition and Requisition of Immovable Properties Ordinan..Category: Property Law | Date: | Hits: 80
Mahirun Nessa Vs. State, 1993, 22 CLC (HCD)
....on and take step in the matter earlier. Furthermore, the learned Advocate submits that there being no allegation that the accused appellant petitioner is the author of the forgery there appears to be good ground in the appeal for which the appeal is required to be registered and heard on merit for t......w. For the reasons stated above, the prayer for condonation of delay in filing the appeal is allowed. Let the appeal be registered accordingly. The petition filed for bail be kept with the record to be heard at the time of hearing of the admission of appeal. Ed. This Case is also Rep......red accordingly. The petition filed for bail be kept with the record to be heard at the time of hearing of the admission of appeal. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 184...Category: Procedural Law | Date: | Hits: 112
Farid Karim Vs. State, 1992, 21 CLC (HCD)
....order of rejection of the Reference be also communicated to the Superintendent, Rajshahi Central Jail for information and compliance. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 171. ......n by him. 20. P.W.12 AZM Anwarui Islam was the UNO, Gaibandha at the relevant time. While performing the function of Magistrate on 28.10.86 the police brought the condemned prisoner before him. He recorded his confessional statement Ext. 8 and also the statement Ext. 9 of another accused Abdullah......order of rejection of the Reference be also communicated to the Superintendent, Rajshahi Central Jail for information and compliance. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 171. ..Category: Criminal Law | Date: | Hits: 84
Ali Ahmed Malaker @ Kunai @ Malaker & others Vs. The State, 1990, 19 CLC (HCD)
....llants are found not guilty to the charge levelled against them and they be set at liberty forthwith if not wanted in any other connection. Ed. This Case is also Reported in: 43 DLR (1991) 401. ......in this case. 6. Prosecution examined 13 witnesses including doctor and police personnel but defence examined none. 7. The learned Additional Sessions Judge on consideration of the, evidence on record, facts and circumstances and probability of the case carne to finding that guilt has been bro......llants are found not guilty to the charge levelled against them and they be set at liberty forthwith if not wanted in any other connection. Ed. This Case is also Reported in: 43 DLR (1991) 401. ..Category: Criminal Law | Date: | Hits: 67
Giasuddin Ahmed and others vs. Bangladesh and others, 2010, 39 CLC (HCD)
....cate the judgment and order to respondent No.2 and 6 at once. Ms. Naima Haider J. - I agree. Ed. This Case is also Reported in: 31 BLD (HCD) (2011) 405; 64 DLR (HCD) (2012) 314. ......t procedure conducted by the respondent No.4 (“PSC”). The petitioners were duly promoted from time to time in course of their service in consideration of their meritorious and unblemished service record, save and except those who are still at the entry level post and whose promotion has not beco......xure-A) shall not be declared to be ultra vires the Constitution of Bangladesh and why S.R.O. No. 215-Law/2008 dated 01.07.2008 issued by respondent No.2 transferring and vesting, amongst others, the services of the petitioners in respondent No. 6 including Clauses 3, 4, 5, 6, 7 and 11 of the Deed o..Category: Constitutional Law | Date: | Hits: 145
Swapan Kumar Majumder Vs. State, 2011, 40 CLC (HCD)
.... on bail is discharged from the bail bond. Office is directed to send down the records at once. ANM Bashir Ullah J.- I agree. Ed. This Case is also Reported in: 31 BLD (HCD) (2011) 486. ....... With these allegations the prosecution was launched by lodging a first information report by father of the victims Shashi Kumar Barai (P.W.1) as informant with the Najirpur Police Station which was recorded as Najirpur Police Station Case no. 01 dated 04-03-1988 corresponding to G.R. no. 04 of 198...... on bail is discharged from the bail bond. Office is directed to send down the records at once. ANM Bashir Ullah J.- I agree. Ed. This Case is also Reported in: 31 BLD (HCD) (2011) 486. ..Category: Criminal Law | Date: | Hits: 74
Md. Mosharraf Hossain & 2 others Vs. State, 2011, 40 CLC (HCD)
.... Send down the Lower Court Records, along with a copy of this judgment and order, at once. Md. Emdadul Haque Azad J. - I agree. Ed. This Case is also Reported in: 31 BLD (HCD) (2011) 445. ......f their common intention of all had murdered Hablu. The learned Deputy Attorney-General further submits that the learned Sessions Judge, upon consideration of the facts, circumstances and evidence on record, has rightly passed the impugned judgment and order of conviction and sentence and there is n...... Send down the Lower Court Records, along with a copy of this judgment and order, at once. Md. Emdadul Haque Azad J. - I agree. Ed. This Case is also Reported in: 31 BLD (HCD) (2011) 445. ..Category: Criminal Law | Date: | Hits: 69
Sk. Abul Qasem and others Vs. Mayez uddin Mondal and others, 1992, 21 CLC (HCD)
....rder of stay granted earlier by this Court is hereby vacated. Let a copy of this order be transmitted to the court below immediately. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 169. ......d Subordinate Judge is quite competent under section 73 of the Evidence Act to compare the LTI of the executant Nihar Bala appearing in the aforesaid sale‑deeds with her other LTIs available in the record of the suit, but in the facts and circumstances of the case, it will be better to have an exp......rder of stay granted earlier by this Court is hereby vacated. Let a copy of this order be transmitted to the court below immediately. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 169. ..Category: Procedural Law | Date: | Hits: 84
Arshad Ali Vs. Momtaz Ali and another, 1991, 20 CLC (HCD)
.... to costs. The order of stay is vacated. Let the suit be proceeded with expeditiously. Communicate this order to the court concerned. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 164. ...... and the Process server one Jamal Ahmed as O.P.W.2 in support of his case. The learned Munsif after hearing the parties and on consideration of the facts and circumstances of the case and evidence on record came to a finding that the summons in Other Class Suit No.510 of 1981 was not duly served upo...... holding. 4. It has been stated in the instant revisional application of the plaintiff‑petitioner that on 10.9.81 summons was duly served upon the defendants‑one by receiving acknowledgment of service from pro‑defendant No.2 and other by hanging a copy of the summons on the fencing of the h..Category: Procedural Law | Date: | Hits: 94
Chittagong Textile Mills Ltd. Vs. Chairman, Labour Court, Chittagong and another, 1992, 21 CLC (HCD)
.... In the result, the Rule is made absolute with the above modification in the order of dismissal. There will be no order as to costs. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 159. ......st the respondent No.2 for unauthorised absence and he was given a notice on 6.5.84 directing him to appear before the Enquiry Committee on 19.5.84. He appeared before the Enquiry Committee and after recording statement the Committee submitted report holding him guilty of the charge. Thereafter he r......efore the Enquiry Committee and after recording statement the Committee submitted report holding him guilty of the charge. Thereafter he received a letter dated 29.5.84 by which he was dismissed from service with effect from 13.4.84 for misconduct. On receipt of the said order of dismissal he submit..Category: Labour and Industrial Law | Date: | Hits: 120
Moyezuddin Mondal Vs. Bena Rani Das & others, 1992, 21 CLC (HCD)
....r played a foul game with her daughter from jail custody when he managed to obtain her signatures on some blank white papers allegedly necessary for release of her said daughter and she absolutely on good faith had signed the same; it was further alleged that her tenants have or had never paid rents...... parties concerned. In exercise of this discretion the Court has to consider that if there is no doubt about the genuineness of the documents produced, such as certified copies of public documents or records of judicial proceedings, the Court should not shut out the purpose from having the lis adjud......d order stands valid and effective being not challenged. Let a copy of the judgment be transmitted to the Court concerned at once. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 154. ..Category: Procedural Law | Date: | Hits: 76
Mansur Ali (Md.) Vs. Janata Bank and others, 1990, 19 CLC (HCD)
.... of the learned Munsif does not call for interference at this stage. In the result, the rule is discharged without any order as to cost. Ed. This Case is also Reported in: 43 DLR (1991) 394. ...... Division without first moving the Court of appeal below, is incompetent. The learned Advocate has referred to the provision of section 115 which reads as follows: "The High Court may call for the record of any case which has been decided by any Court subordinate to such High Court and in which n......ated 24.11.70 made by the Vice President of the United Bank Limited at Khulna Zonal Office suspending the plaintiffs from their respective post is illegal and mala fide and that the plaintiffs are in service from 24.11.70 till their reinstatement. 3. The case of the plaintiff‑petitioner was tha..Category: Administrative Law | Date: | Hits: 189
Khokan Vs. State, 1990, 19 CLC (HCD)
....ary and the trial of the case should proceed even if the accused appellants or any of them do not surrender to the trial Court as directed. Ed. This Case is also Reported in: 43 DLR (1991) 387. ......nd newspaper as required under section 339B of the Code of Criminal Procedure and accordingly the abscondence of the accused persons was notified in the official Gazette and the Daily Inqilab and the record was sent to the learned Senior Special Tribunal Judge, Dhaka for trial. The Senior Special Tr......ary and the trial of the case should proceed even if the accused appellants or any of them do not surrender to the trial Court as directed. Ed. This Case is also Reported in: 43 DLR (1991) 387. ..Category: Criminal Law | Date: | Hits: 67
...., PS Gulshan, Dhaka now detained in Dhaka Central Jail be at once released from custody if not wanted in connection with any‑other case.
Ed.
This Case is also Reported in: 43 DLR (1991) 372.
......has been held that past activities of a person can be a ground for detention because what a person is likely to do in future can only be a matter of inference from various circumstances, and his past record will be valuable and often the only record on which it could be made. He has also referred to......ctions of people;
(v) to interfere with or encourage or incite interference with the administration of law or the maintenance of law and order;
(vi) to prejudice the maintenance of supplies and services essential to the community;
(vii) to cause fear or alarm to the public or to any section..
Category: Constitutional Law | Date: | Hits: 178
Silver Estate Ltd. Vs. Abdul Hakim Mia and others, 1991, 20 CLC (HCD)
....f the contract and the purchasers on the officer hand sued for specific performance of the contract. Both the suits were decided in favour of the purchasers. It was held "A purchaser is entitled to a good and marketable title. If the title is found to be doubtful so as to require investigation he ca......er suit property to plaintiff Ext 3 Jha (৩ ঝ) copy of letter issued by RAJUK on 19.8.82 granting permission to transfer suit and Ext. 3 Niya (৩ ঞ). 11. On consideration of the evidence on record both oral and documentary the Court below arrived at the following findings and conclusions: ......fendant No. 1 applied to the DIT for permission to transfer the suit property to the plaintiff and by Memo dated 19.8.82 the DIT directed to deposit transfer fee of Tk. 5,05,000.00 plus Tk. 909.00 as service charge; defendant No. 2 published notice in the newspapers and also sent notice through his ..Category: Civil Law | Date: | Hits: 92
Md. Abul Hashem alias Bachhu Vs. Abdul Latif, 2009, 38 CLC (HCD)
....rder 9 Rule 13 of the Code of Civil Procedure are set aside and the ex parte decree dated 29.12.1982 is upheld. Ed. This Case is also Reported in: 31 BLD (HCD) (2011) 441, 8LG (2011) HCD 305. ......y way of settlement from the original zamindar upon executing a registered kabuliyat dated 24.11.1943 and since then, they have been owning and possessing the same on payment of taxes; that the wrong recording of Diara khatian in name of the three sets of defendants opposite parties in different kha......order dated 23.08.1988 the plaintiff petitioner appeared before this Court and obtained this Rule. 7. Mr. Nikalesh Dutta, the learned Advocate for the petitioner submits that in order to prove the service of summons and copies of plaint two P.W.s and 3 D.W.s including O.P.W. 3 Abul Kashem who was..Category: Property Law | Date: | Hits: 82
Anika Ali Vs. Rezwanul Ahsan, 2011, 40 CLC (AD)
....e help of his father, the respondent paid up the dower money and his wife joined him in their rented flat along with their child on 10.11.2004. However, his wife started argument with him without any good cause and eventually left his house on 17.12.2004 without his permission, taking with her their......on. This petition is dismissed with the above observations without, however, any order as to costs. Ed. This Case is also Reported in: 17 BLC (AD) (2012) 77, 17 MLR (AD) (2012) 49. ......on. This petition is dismissed with the above observations without, however, any order as to costs. Ed. This Case is also Reported in: 17 BLC (AD) (2012) 77, 17 MLR (AD) (2012) 49. ..Category: Family Law | Date: | Hits: 327
Government of Bangladesh and others Vs. Md. Mustafizur Rahman Kanchan, 2011, 40 CLC (AD)
....eration of the judgment and order dated 08.04.2010 passed by the High Court Division in Writ Petition No.1086 of 2009 be stayed till disposal of the appeal. Ed. This Case is also Reported in: ......eration of the judgment and order dated 08.04.2010 passed by the High Court Division in Writ Petition No.1086 of 2009 be stayed till disposal of the appeal. Ed. This Case is also Reported in: ......eration of the judgment and order dated 08.04.2010 passed by the High Court Division in Writ Petition No.1086 of 2009 be stayed till disposal of the appeal. Ed. This Case is also Reported in: ..Category: Fiscal/Taxation Law | Date: | Hits: 96
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