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Abdur Razzaque Zoarder and others Vs. Government of Bangladesh and others, 2004, 33 CLC (HCD)
....n light of the above, this Court finds substance in this Rule. In the result, the Rule is made absolute. There is no order as to costs. Ed. This Case is also Reported in: 58 DLR (2006) 245. ...... 1995. The respondents also state that the impugned order reflects an attempt by the concerned authority undertaken with bona fide intention to mitigate an anomaly and thereby secure justice. In that view of the matter, the respondents state that the impugned order is correct and lawful, the validly..Category: Employment/Service Law | Date: | Hits: 79
Alimuddin and others Vs. Abdul Kabir and others, 2003, 32 CLC (HCD)
.... with the appeal in accordance of law. Send down a copy of this judgment to the learned Joint District Judge, Kishoreganj for compliance. Ed. This Case is also Reported in: 58 DLR (2006) 240.......mendment if allowed and in such event it can take effect from the date of institution of the suit itself, therefore, a prayer for declaration of title could not be held to be barred by limitation. In view of the fact that the original suit was a suit of 1984 and the subsequent suit namely, the prese..Category: Procedural Law | Date: | Hits: 93
Executive Engineer, Sylhet Public Works Department Vs. Md. Asob Ali, 2005, 34 CLC (HCD)
....o costs. The order of stay passed at the time of issuance of the Rule is hereby vacated. Send down the records of the Courts below at once. Ed. This Case is also Reported in: 58 DLR (2006) 236. ...... the learned Additional District Judge in his judgment in the appeal and that the defendant being a public servant acted bona fide by calling a fresh auction as contemplated in condition No. 6 with a view to have higher price of the goods which was evident from his reply to the legal notice by the p..Category: Business or Commercial Law | Date: | Hits: 209
Golap Vs. Md. Abdul Hakim & others, 2002, 31 CLC (HCD)
....al Court is directed to proceed with the suit and the suit as against the deceased defendant No. 3 Rasullah alias Abdur Rashid stands abated. Ed. This Case is also Reported in: 58 DLR (2006) 227.......n was filed by the plaintiff some of the existing defendants filed an application before the trial Court on 29-3-97 under Order XXII, rule 4(3) of Cr.P.C. for abatement of the suit. 6. I am of the view that if no application is made within the prescribed period of 90 days the suit abates as again..Category: Procedural Law | Date: | Hits: 106
Tahera Begum and others Vs. Mizanur Rahman (Md.) and others, 2004, 33 CLC (HCD)
.... in Title Suit No. 12 of 2002 staying all further proceedings of Title Execution Case No. 1 of 2002 is hereby set aside. Communicate at once. Ed. This Case is also Reported in: 58 DLR (2006) 224.......r XXI, rule 26 of the Code of Civil Procedure in Title Suit No. 12 of 2002 is wholly misconceived and that under section 151 of the Code of Civil Procedure is equally not maintainable. 21. In that view of the matter, we are of the view that learned Joint District Judge acted in excess of his juri..Category: Property Law | Date: | Hits: 72
Rafique Ullah (Md) Vs. Badsha Alam and others, 2005, 34 CLC (HCD)
....e-emption is maintained. The order of stay earlier granted by this Court stands vacated. Send down the lower Court's records at once. Ed. This Case is also Reported in: 58 DLR (2006) 221. ......he judgment of the Courts below that both the Courts below taking into consideration the documentary evidence along with oral evidence adduced by the parties arrived at a positive finding that with a view to defeating the right of the preemption of the present pre-emptor-opposite parties, the seller..Category: Property Law | Date: | Hits: 67
Badel Alam Howlader Vs. Falu Dewan and others, 2004, 33 CLC (HCD)
....ly within a period of 3 (three) months from the date of receipt of this order. Communicate the order and send down the lower Court records. Ed. This Case is also Reported in: 58 DLR (2006) 218. ......ice. It was further submitted by Mr. Khan that the lower appellate Court considered the evidence on record and arrived at the conclusion that the existence of a graveyard has not been proved. In such view of the matter, no interference in called for and the Rule is liable to be discharged. 9. In ..Category: Property Law | Date: | Hits: 66
AHM Khurshed Ali & others Vs. Md. Hashem Ali and others, 2006, 35 CLC (HCD)
.... so advised. The reference is thus disposed of a copy of this judgment may be sent to the concerned Ministries. Ed. This Case is also Reported in: 58 DLR (2006) 211, 26 BLD (HCD) (2006) 114. ......se as to the maintainability of revisional application before the District Judge against an order passed by the Subordinate Judge in a suit the valuation of which is 3,77,61,255 and the said Bench in view of the conflicting decisions given by other Benches referred the case to the Hon'ble Chief Just..Category: Procedural Law | Date: | Hits: 90
Afil Jute Mills (Pvt) Ltd. and others Vs. Bangladesh, 2006, 35 CLC (HCD)
.... Rule and it must fail. In the result, the Rule is discharged for the above reasons without any order as to costs. Ed. This Case is also Reported in: 58 DLR (2006) 207, 26 BLD (HCD) (2006) 361. ......as, according to him, these two-laws should be taken or construed to be one law insofar as it deals with the debts created by loan given to various loaners. We are afraid, we cannot subscribe to this view inasmuch as these two are different legislations and they are enacted by the legislature to att..Category: Civil Law | Date: | Hits: 125
State Vs. Md. Shahjahan, 2004, 33 CLC (HCD)
.... accused condemned prisoner Md. Shahjahan be set at liberty at once if not wanted in any other case. The Lower Court's Record is sent down. Ed. This Case is also Reported in: 58 DLR (2006) 203. ...... where an accused fails to prove his special pleading verdict of the Court must be given upon and as the result of the whole of the case including evidence adduced by the defence and if upon such a review a reasonable doubt is created the accused is entitled to acquittal. Merely because the shot fir..Category: Criminal Law | Date: | Hits: 96
Ziaul Hoque Chowdhury (Md.) Vs. State and another, 2005, 34 CLC (HCD)
....order is set aside. The learned Additional Sessions Judge is directed to proceed with the case in the light of the observations made above. Ed. This Case is also Reported in: 58 DLR (2006) 193. ......nvestigating officer, and different handwriting and the signature of the officer in the statement of the victim, although the officer who recorded the statement was required to give his signature. In view of the above, he suspected something unusual in the conduct of the investigating officer of the..Category: Criminal Law | Date: | Hits: 49
Government of Bangladesh represented by the DC, Comilla Vs. Md. Eakub and others, 2004, 33 CLC (HCD)
....Industries is now obliged to return the money received in respect of schedule-1 (kha) property to the plaintiff. Send down the LCR at once. Ed. This Case is also Reported in: 58 DLR (2006) 176. ......ever, produced in support). He did not file any paper evidencing disinvestment in respect of schedule-1(kha) property. He was in possession of the main entrance, special counter, first class counter, viewers' waiting room on the verandah measuring about 4.5 decimals of land. In the rest eight decima..Category: Property Law | Date: | Hits: 159
Mainul Hosein and others Vs. Anwar Hossain and others, 2003, 32 CLC (HCD)
....oup of Publications Ltd is the real Printer and Publisher of the Daily lttefaq. 75. Mr. Imam has vehemently argued that the stand taken by the Additional District Magistrate. Dhaka is not only erroneous and biased but arrogant and mala fide, for, in the Declaration itself that was given by th......aid prestigious daily were made by the heirs of late Mr. Tofazzal Hossain (Manik Mia) including the petitioner Mr. Mainul Hosein and respondent Mr. Anwar Hossain as sons of late Mr. Manik Mia with a. view collectively owning and continuing with the publication of the said daily. From the inception o..Category: Information Technology Law | Date: | Hits: 324
Jahangir Hossain Howlader (Md.) Vs. CMM, Dhaka and others, 2004, 33 CLC (HCD)
....no order as to costs. The order of stay granted at the time of issuance of the Rule is hereby recalled and vacated. Ed. This Case is also Reported in: 58 DLR (2006) 106, 26 BLD (HCD) (2006) 83. ......g the first information report do not disclose a cognisable offence justifying an investigation by police officers under section 156(1) of the Code except under an order of a Magistrate within the purview of section 155(2) of the Code. 3. Where the uncontroversial allegations made in the first in..Category: Criminal Law | Date: | Hits: 158
Dr. Abdur Rahman and others Vs. Chairman, RAJUK & others, 2005, 34 CLC (HCD)
....ceived and there is no scope to interfere with the impugned order. In the result, the Rule is discharged without any order as to cost. Ed. This Case is also Reported in: 58 DLR (2006) 103. ......ot sufficient to set at naught the impugned order unless it is found that the impugned order suffers from patent illegality. The learned Advocate further submits that the Court below taking a correct view of law and facts rightly rejected the prayer for injunction inasmuch as in the facts and circum..Category: Civil Law | Date: | Hits: 99
Sushovan Guha and others Vs. Mahbubul Mannan Chowdhury and others, 2005, 34 CLC (HCD)
....assing any order on merit which is highly illegal. 10. The point for determination is whether the learned Additional District Judge committed any error of an important question of law resulting in erroneous decision occasioning failure of justice. 11. Mr. Sarder Abul Hossain the learned Advoca......s directed to dispose of the revisional application within 2(two) months from the date of the receipt of this order. Communicate at once. Ed. This Case is also Reported in: 58 DLR (2006) 100...Category: Procedural Law | Date: | Hits: 77
Abdul Mannan alias Mona Miah Vs. State, 2002, 31 CLC (HCD)
.... of Additional Sessions Judge, and Nari-o Shishu Nirjatan Daman Bishesh Adalat No. 2, Noakhali for necessary action in accordance with law. Ed. This Case is also Reported in: 58 DLR (2006) 91. ......he morgue and identified the same to the doctor PW 5. Md. Abdul Hai who after holding post mortem on the dead body of the victim opined that the injury was antemortem and homicidal in nature. In such view of the matter, the trial Court rightly held that the deceased was done to death and it is not a..Category: Criminal Law | Date: | Hits: 96
Government of Bangladesh Vs. Helal Jute Press Ltd. and others, 2009, 38 CLC (AD)
....ntenance of the godowns within 10 months be set aside. There shall be no order as to cost. Ed. This Case is also Reported in: 8 LG (AD) (2011) 70, VIII ADC (2011) 376, 31 BLD (AD) (2011) 86. ...... be withdrawn and accordingly the Rule was discharged as not pressed and consequently 57,550 share out of total 85,000 shares were handed over to the writ petitioner-shareholder-respondent No.2. In view of the aforesaid compromise made between the parties the Rule was discharged in Writ petition..Category: Property Law | Date: | Hits: 128
Md. Bazlur Rashid Vs. Bangladesh, 2008, 37 CLC (AD)
....ecision and there is no illegality or infirmity in the above decision so as to call for any interference. The petition is dismissed. Ed. This Case is also Reported in: 8 LG (AD) (2011) 53. ......the government including the Word No. 99 of which the petitioner is holding license of Nikah Registrar and that by SRO No.12 Law/39 dated 19 January 1993, Rule 5Awas inserted in the Rules 1975 with a view to make permanent all those Nikah Registrars who having been appointed temporarily have complet..Category: Civil Law | Date: | Hits: 105
Jahangir Alam (Md.) and another Vs. Md. Shamsur Rahman Sarder & others, 2010, 39 CLC (AD)
.... Appeal No. 271 of 2003 is disposed of in the terms of the judgment in C.A. No. 270 of 2003. Ed. This Case is also Reported in: 16 BLC (AD) (2011) 22, 8LG (AD) (2011) 65, 31 BLD (AD) (2011) 52. ...... interest in the property long before the institution in the said suit. The writ respondent No.2, in the premises, it is claimed, rightly and legally issued the notice upon the writ petitioner with a view to implement the judgment passed in Writ Petition No.165 of 1998. 4. The High Court Division..Category: Property Law | Date: | Hits: 71
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