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Bangladesh Hastashilpa Samabaya Federation Ltd. Vs. Bangladesh, 1992, 21 CLC (HCD)
....nt No.5 is a valid member of the Manikdi Nari Kallayan Samabaya Samity Ltd. and resides in the operational area of the said Samity and was nominated from election Constituency No.3. Since there is no provision to remove a nominated Chairperson from the Managing Committee, further enquiry under secti......airman of the petitioner federation, hereinafter referred to as the 'KARIKA', and the connected order dated 25.10.92 passed by the respondent No.1 should not be declared to have been made without any lawful authority and to be of no legal effect. 2. The case of the petitioner is, that it is a reg..Category: Others | Date: | Hits: 136
State Vs. Nurul Hoque and another, 1992, 21 CLC (HCD)
....be set at liberty at once, if not wanted in connection with any other case. The death penalty, as held herein before, is affirmed. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 306. ......n presence of the local Chowkider and the village defence party members but none was found there. The police thereafter received an information that the convicted accused Semona Khatun, mother‑in‑law of Taslima Begum, the victim and her husband's younger brother Abdul Hoque are in Rakhi village,..Category: Criminal Law | Date: | Hits: 76
Chand Miah Talukder Vs. Chairman, Court of Settlement, 1993, 22 CLC (HCD)
....bove after giving reasonable opportunity to the parties concerned of being heard and also adducing evidence, both oral and documentary. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 304.......) of section 10 of Ordinance No.54 of 1985 the Court of Settlement ought to have given a decision in the case irrespective of non‑appearance of the parties and as such the impugned order is without lawful authority and is of no legal effect. 5. Mr. AK Mujibur Rahman, the learned Deputy Attorney..Category: Procedural Law | Date: | Hits: 59
....ent dated 19.9.88 of the Settlement Court Case No. 422 of 1987.
On the grounds stated above the application is summarily rejected.
Ed.
This Case is also Reported in: 45 DLR (HCD) (1993) 301.
......ssued by the respondent No.2 Assistant Commissioner, Abandoned Property Management Board, Dhaka by his memo No.14 Shuk‑170/85‑69 (Annexure C) shall not be declared to have been issued without any lawful authority and to be of no legal effect.
2. Impugned order contained in Annexure G dated 9...
Category: Property Law | Date: | Hits: 86
Fazlu Molla and others Vs. Shamsul Hoque Molla, 1993, 22 CLC (HCD)
....udgment and decree of the Court of appeal below is hereby affirmed. Let the LC records be sent down to the co below expeditiously. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 299. ......79 of 1965 is a nullity as the same was obtained by practising fraud upon the Court and further held that the suit is not maintainable in its present form. 6. Fraud is a mixed question of fact and law. Court of appeal below on consideration of the evidence came to the finding "I am inclined to be..Category: Property Law | Date: | Hits: 88
Mohammad Abdus Sabur Vs. Agrani Bank, 2011, 40 CLC (HCD)
....gong as respondent No.1 appears and contests the Rule by filing an affidavit-in-opposition denying the material facts of the writ petition contending inter alia, that the executing Court observed the provisions of section 34 of the Ain and in spite of attempt for sale of the mortgaged property throu......s (90+60) for conclusion of an execution case under the Ain already expired on 2.12.2003. Therefore, the continuance of the execution case in question after expiry of 2.12.2003 is beyond the scope of law and as such without lawful authority. The learned Advocate further submits that the executing Co..Category: Civil Law | Date: | Hits: 84
....n the petition that the notices (Annexures A, B and C) and the impugned order (Annexure F) made in pursuance to the inquiry proceedings have been made without lawful authority and in violation of the provisions of the Ordinance/Rules, Discipline and in manifest violation of the Principle of Natural ......re of the respondent No.1 and the impugned proceeding pursuant to which the said order was made. The respondents were asked to show cause why the same should not be declared to have been made without lawful authority and to be of no legal effect. In Writ Petition No. 1560 of 1991 petitioner Kabita R..
Category: Others | Date: | Hits: 153
Buddhi Sankar Biswas Vs. Akbar Ali Sheikh, 1991, 20 CLC (HCD)
....t Division on merit. Mr. Foez Siddique referred to the case reported in 39 DLR in support of his contention that a Court will not presume the existence of inherent power to do that for which specific provision has been made in the statute and should not invest itself with such jurisdiction for the p......atra’ it appears that after service of notice in the Civil Revision, service return was sent to the Honourable Supreme Court, High Court Division Dhaka. On 27.3.82, the matter was placed before the lawazima as to whether fresh service would be necessary. The Single Judge sitting at the relevant ti..Category: Property Law | Date: | Hits: 90
Umme Hani Begum and others Vs. Ram Gopal Sarker and others, 2008, 37 CLC (HCD)
....le Suit No.344 of 1994 decreeing the suit is set aside. The suit stands dismissed. Send down the lower Court's record immediately. Ed. This Case is also Reported in: 62 DLR (HCD) (2010) 17. ......without proper discussions of the evidence on record and being failed to conceive and consider the principle of acquisition of title by adverse possession has decreed the suit out of misconception of law and fact and the same is not sustainable in law. 10. Mr. A Baset Majumder, the learned Advoca..Category: Property Law | Date: | Hits: 74
Barrister Mainul Hosein Vs. Md. Ali Hossain and another, 2010, 39 CLC (HCD)
....the case in accordance with law. Send a copy of this judgment and order to the Court concerned for information and necessary action. Ed. This Case is also Reported in: 62 DLR (HCD) (2010) 38.......s liable to be discharged. In the result, the Rule is discharged and the stay order dated 23-7-1995 stands vacated. The Second Labour Court, Dhaka shall proceed with the case in accordance with law. Send a copy of this judgment and order to the Court concerned for information and necessary ..Category: Labour and Industrial Law | Date: | Hits: 147
Tofail Ahmed Vs. Chairman, Anti-Corruption Commission and others, 2010, 39 CLC (HCD)
....es and it was so required for enquiry into allegation of acquisition of wealth disproportionate to his known sources of income. No proceedings were initiated against the petitioner under the relevant provisions of the Anti-Corruption Act, 1957 (since repealed). However, section 94 of the Code of Cri......n, Advocates - For the Petitioner. Md. Khurshid Alam Khan, Advocate - For Respondent No.1. Writ Petition Nos. 2094, 2095 of 2002. Judgment Moyeenul Islam Chnwdhury J.- As the questions of laws and facts involved in Writ Petition Nos. 2094 of 2002 and 2095 of 2002 are virtually one and th..Category: Anti-Corruption Laws | Date: | Hits: 200
Mahabub Alam Faruq (Md.) and another Vs. Bangladesh, 2009, 38 CLC (HCD)
....nts are further directed to inform this Court about the compliance thereof within 45 days from the date of the receipt of this judgment. Ed. This Case is also Reported in: 62 DLR (HCD) (2010) 31.......d merit in the Rule. In the result, the Rule is made absolute, however without any order as to costs. The respondents are directed to receive rent from the petitioner upon mutating their names as per law. The respondents are further directed to inform this Court about the compliance thereof within 4..Category: Property Law | Date: | Hits: 69
Saroj Kumar Sarker and others Vs. Manoj Kumar Sarkar, 2007, 36 CLC (HCD)
....7 of 1987 can be withdrawn from the Court of learned District Judge, Manikgoni for transferring the sane to this Court for analogous hearing with First Appeal No.15 of 1988. 12. Now let us see the provision of law in respect of transfer and withdrawal of Suit and appeal which is envisaged in sect...... be withdrawn from the Court of learned District Judge, Manikgoni for transferring the sane to this Court for analogous hearing with First Appeal No.15 of 1988. 12. Now let us see the provision of law in respect of transfer and withdrawal of Suit and appeal which is envisaged in section 24 of the..Category: Property Law | Date: | Hits: 68
Akbar Khan (Md.) Vs. Anti-Corruption Commission and others, 2010, 39 CLC (HCD)
....Director, Anti-Corruption Commission, Integrated District Office ‘সমন্বিত জেলা কার্যালয়’ Rangamati to issue the impugned notice, we may refer to the relevant provision of law. Section 26(1) of the ACC Act provides as follows: “২৬। সহায়......to submit statements regarding the Moveable and Immoveable Property, liabilities' source of income of the petitioner and his dependents (Annexure-D) should not be declared to have been passed without lawful authority and is of no legal effect. 2. The facts of the case relevant for disposal of thi..Category: Anti-Corruption Laws | Date: | Hits: 154
Bangladesh Road Transport Corporation Vs. Ashraf Jute Mills Ltd., 1991, 20 CLC (HCD)
....the mortgaged property was given to BSRS. Mr. Khandker Mahbubuddin Ahmed, appearing for the Rupali Bank which is a secured creditor, submits that the aforesaid sale is illegal and void in view of the provisions of sections 171 and 168 of the Companies Act inasmuch as though the winding up order was ......Sultan Giasuddin Road, Narayangonj and the jute suppliers of M/s Ashraf Jute Mills Ltd. namely, Shahidur Rahman and Company. All these claims which are on record will be dealt with in accordance with law by the official liquidator in due course. 4. The facts stated above are not disputed at all...Category: Company Law | Date: | Hits: 193
Nowazullah and another Vs. Waz Khatun & another, 1990, 19 CLC (HCD)
....original agreements in the hand of the defendant No.1. He further submitted that it is hazardous to compare the disputed handwriting or signature by the Court though the Court is authorised under the provisions of section 73 of the Evidence Act to make such a comparison without the aid of evidence o......plaint as found by the Court of appeal below on consideration of the evidence and as such the finding of fact arrived at by the Court of appeal below cannot be said to have suffered from any error of law resulting in any error in the decision occasioning failure of justice. The original deeds of agr..Category: Property Law | Date: | Hits: 57
State Vs. Giasuddin and 5 others, 1990, 19 CLC (HCD)
....r Jail Code as the conviction of death sentence is altered to that of under section 304‑Part‑1 from sections 302/149 of Penal Code. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 267.......P.W.1 Mannan. Somed also reached the 'Bichra'. At that time they found that about 40/50 persons including all these accused appellants being armed with guns, daos, halanga, lathies, etc. forming an unlawful assembly encircled the informants' bichra. On the order of Matbar Ali, Giasuddin and Almas fi..Category: Criminal Law | Date: | Hits: 111
Tofazzal Hossain Chowdhury Vs. Mir Amanullah & others, 1992, 21 CLC (HCD)
....ordance with law. Let a copy of the judgment and order be transmitted to the Court below immediately. The order of stay stands vacated. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 263.......s Judge, Munshiganj by his judgment and order dated 18.1.1985 and the order of acquittal was set aside and the learned Magistrate was directed to proceed with the trial of the case in accordance with law. Thereafter, the accused petitioner moved the present application under section 561A of the Code..Category: Criminal Law | Date: | Hits: 88
Abul Hasnat Mohammad Mohsin Vs. Dilruba Aktar and another, 2009, 38 CLC (AD)
....ed to consider the submissions of the learned Counsel, appearing for the appellant that "the High Court Division misdirected itself in interpreting Section 7(1) of the Ordinance, 1961 in that the provision of notice to the Chairman of the Union Council as stipulated in the said section is applic......) months more. 2. The prosecution case, in short, is that the marriage between the accused-appellant and complainant-respondent No.1 was solemnized on 29.08.1987 in accordance with Muslim Sharia law and was duly registered and thereafter, the accused-appellant and the complainant-respondent N..Category: Family Law | Date: | Hits: 185
....ntiff is out of possession and the order of injunction is designed to obstruct the execution of decree, the subject matter of Execution Case No.68 of 1964 arising out of Title Suit No.64 of 1962. The provision of Order XXI rule 99 is of no assistance to the plaintiff as well as the present suit is n...... Motaleb to bring the instant Title Suit No.241 of 1989 to defeat the execution proceeding and to defeat the decree. The High Court Division failed to comprehend the above aspect and thereby erred in law discharging the Rule. It is the fact that two local investigations in respect of the suit land w..
Category: Property Law | Date: | Hits: 65
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