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Displaying 401-420 of 1571 results.

Momin Miah & others Vs. Md. Shafiullah Patwari and others, 2007, 36 CLC (HCD)

.... back of date 20-9-1997. P.W.3 is a rustic/village man. He was not supposed to state the exact date. It is well-nigh to remember that human memory is fleeting and mathematical precision is not at all expected from a rustic/village witness like P.W.3. Learned Appellate Judge found exception with the ......Vs. Abdul Barik and another, 35 DLR (AD) 162 = 1984 BLD (AD) 83 it has been laid down by the Appellate Division: On a perusal of the relevant provisions of The Civil Procedure Code it would be apparent that due service of summons is an essential condition which must be satisfied before the Court ..

Category: Property Law | Date: | Hits: 64

Advocate Manzill Murshid and others Vs. Bangladesh, 2011, 40 CLC (HCD)

....he book, titled English Legal System “12th Edition, authored by Prof Garry Slapper & David Kelly; “Judges hold a position of central importance in relation to concept of Rule of Law. They are expected to deliver Judgment in completely impartial manner through a strict application of the law ...... Trends and Issues: Page VIII). 27. The widely nurtured view is that Judges are of necessity workaholic. Isolation and reclusiveness in Judicial function is yet another factor that makes them different. 28. Unlike functionaries in other organs of the state, Judges are not accountable to others..

Category: Constitutional Law | Date: | Hits: 413

Hachina Begum and others Vs. Abdul Mannan and others, 2010, 39 CLC (HCD)

....arisal in Title Suit No.23 of 1978 is set-aside. Let a copy of the judgment along with lower Court's record be sent down at once. Ed. This Case is also Reported in: 30 BLD (HCD) (2010) 628. ...... a -seasonal hut collector of khashmohal; that Abdul Kader Mia died leaving behind the plaintiffs as his heirs while he was in service; that Abdul Kader Mia in connection with his service posted different station in which he assigned his full brother defendant No. 2 to look after the suit property; ..

Category: Property Law | Date: | Hits: 146

Md. Hafizur Rahman and others Vs. Government of Bangladesh and others, 2012, 41 CLC (HCD)

....ining with the municipality. With the passage of time, socio-economic conditions of the people and infrastructure of the area have also been developed. 14. Under the facts and circumstances, it is expected that the Government will decide the matter in accordance with law considering the recommend......cipality or union every when and then except in due process of law. Thus the Rule is disposed of with the above observations. Mohammad Bazlur Rahman J. - I agree. This Case is also Reported in: ..

Category: Civil Law | Date: | Hits: 131

Md. Fazlul Haque and others Vs. Government of Bangladesh and others, 2012, 41 CLC (HCD)

....2 to the affidavit-in-opposition filed by respondent Nos.7(a)-(e) stating, inter alia, that in the earlier writ petitionthe High Court Division found Abeda Khatun as well to be an affected person and expected that the Governmentrespondents would in all fairness give her an alternative plot expeditio......ing the plot in question for a long period since before the allotment in favour of Abeda Khatun. She was an affected person and was rightly allotted the plot in question. On the other hand, it is apparent on the face of record that respondent No.7 Kofiluddin was not an affected person and obtained t..

Category: Property Law | Date: | Hits: 82

M. Anwar Hossain and others Vs. Government of Bangladesh and others, 2011, 40 CLC (HCD)

....ther benefits along with theprestige of the rank of a General, of which he was deprived dueto the illegal conviction by a kangaroo court. The Petitioner No. 2 and 3 were similarly deprived oftheir expected length of service respectively in the Air Forceand the Army and were deprived of their legi......of legal sanction and as such, of no effect in law as being repugnant to the Constitution. They also assert that the whole notion of camera trial, oath of secrecy, embargo on appeal are palpably abhorrent not only to our Constitutional Scheme, but also to minimum tenet of Justice.  18. By a ..

Category: Criminal Law | Date: | Hits: 154

Rezia Sultan & another Vs. Md. Haroon Malik and another, 2011, 40 CLC (HCD)

....cellaneous case No.192 of 1980 are set aside. Send down the lower Court records at once. Communicate this order at once. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 347.   ......tle only the right of the tenant as regard the possession over the suit premises i.e. whether the landlord acted in accordance with law or in accordance of the terms of the agreement, that is, if the rents illegally enhanced, if the landlord curtail the facilities pro­vided under tenancy agreement ..

Category: Civil Law | Date: | Hits: 94

Hashem Ali & Others Vs. Suruj Ali & Others, 2010, 39 CLC (HCD)

....t Judge, 1st Court, Tangail, is hereby set aside and that of the trial Court is restored. Let the LC records be sent down at once. Ed. This Case is also Reported in: 18 BLT (HCD) (2010) 295. ......OR was prepared correctly in accordance with the share of the brothers in their name and in the year 1976, the defendant-respondent-petitioner mutated their name in the ROR and accordingly paying the rent tax to the authority. The recent record of right is also prepared accordingly at the attesting ..

Category: Property Law | Date: | Hits: 83

Khorshid Nayeem and others Vs. Land Appeal Board land others, 2010, 39 CLC (HCD)

.... to the extent of 5.17 acres as it originally stood. Communicate this Judgment to the Land Appeal Board (respondent No.1) at once. Ed. This Case is also Reported in: 17 BLC (HCD) (2012) 511. ...... area of 37.66 acres of land appertaining to CS Khatian No.211, CS Plot No.560/669 originally belonged to Satinath Bandapaddhaya alias Sagar Babu. The said land was put to auction sale for arrears of rents and one Promode Bala Devi auction pur­chased the same. While in possession, she sold away dem..

Category: Property Law | Date: | Hits: 115

Md. Munsur Ali & others Vs. Sher Mohammad being dead his heirs: 1(A) Most. Tara Bibi and others, 2009, 38 CLC (HCD)

....tay granted earlier by this Court stands vacated. Let a copy of this judgment along with lower Courts record be sent down at once. Ed. This Case is also Reported in: 30 BLD (HCD) (2010) 363. ......r the evidence on possession by the defendants although, the D.W.1 was adequately corroborated by D.W.4-7 on the question of possession over the suit land. Apart from that, defendant No.1 exhibited 4 rent receipts namely Ext. Nos. 6, 6(1)-6(3), which also manifests the possession of the defendants i..

Category: Property Law | Date: | Hits: 66

Md. Ragib Hasan Khan @ Munu Vs. State and another, 2009, 38 CLC (HCD)

....itled to get any relief as prayed for. Hence the rule fails. In the result, the Rule is discharged. Order of stay stands vacated. Ed. This Case is also Reported in: 30 BLD (HCD) (2010) 353. ......98 (Act No. V of 1898); section 561A Extent of section 561A Cr.P.C. Section 561A of the Code provides that nothing in the Code of Criminal Procedure shall be deemed to limit or affect the inherent power of the court to make such order as may be necessary to give effect to any order under thi..

Category: Procedural Law | Date: | Hits: 79

Alam Taj Begum @ Monowar Begum & others Vs. Nimai Chandra Roy, 2009, 38 CLC (HCD)

....ntained. The order of stay granted at the time of issuance of the Rule is hereby vacated. Send down the LC Records immediately. Ed. This Case is also Reported in: 61 DLR (HCD) (2009) 764. ......is brothers he filed the present suit. He further stated that he paid tax including municipal tax for the suit land, but he had not paid tax for the present year. He stated that he cannot produce the rent receipt for the suit land. He stated that defendant Nos. 1 and 2 made a wall in the northern di..

Category: Procedural Law | Date: | Hits: 69

State Vs. Government of Bangladesh and others, 2011, 40 CLC (HCD)

...., it had been built by displaying bizarre audacity to put an stumbling block on part of Hatirjheel Project, by impinging upon Begunbari Canal, culpably filling in the same, obnoxiously imperiling the expected pageantry of the Project. The buildings stands their as a cancerous growth with the capa......s clippings from an English vernacular daily, named, New Age, published a feature under the caption, “No Plan to Demolish Unauthorised BGMEA Building Soon”, was brought to the attention of a differently constituted Bench of this Division. The said Bench issued a Suo Motu Rule, requiring the resp..

Category: Constitutional Law | Date: | Hits: 642

Fazlul Haque (Md.) Vs. Abdul Malek and another, 2008, 37 CLC (HCD)

....cost. Order of stay granted at the time of issue of the Rule on 30-4-07 is accordingly, recalled and vacated. Communicate at once. Ed. This Case is also Reported in: 61 DLR (HCD) (2009) 72. ...... another..........Opposite Parties  Judgment November 27, 2008. Result: The Rule is discharged with cost. The Code of Civil Procedure, 1908 (Act No. V of 1908); section 151 Inherent power of the Court under section 151 of the Code of Civil Procedure, 1908 cannot be invoked whe..

Category: Civil Law | Date: | Hits: 281

Ibrahim Akand and others Vs. Securities and Exchange Commission and others, 2009, 38 CLC (HCD)

....and if there is no bar in the policy in giving stock dividend or increasing the capital by rights issue, such increase is possible. 18. The prospectus of First ICB Mutual Fund reveals "the Fund is expected to continue without any limitation of time". The prospectus further reveals "Distribution o......d to have been taken without lawful authority and to be of no legal effect. 2. The facts leading to the issuance of the Rule, in brief, are: 3. The petitioners are holders of securities of different Mutual Funds as under: 1. ICB AMCL 1st NRB MF: 50 shares ICB AMCL Islamic MF: 300 shares ..

Category: Business or Commercial Law | Date: | Hits: 462

Mehir Chandra Bhomick Vs. Deputy Commissioner, Brahmanbaria and others, 2007, 36 CLC (HCD)

....rlier by this Court stands vacated. Send down the lower Court records and a copy of the judgment and order to the court concerned. Ed. This Case is also Reported in: 13 MLR (HCD) (2008) 22. ......tting aside the judgment and decree passed by the trial Court. He next submits that the plaintiff by way of exhibits produced the registered sale deed, mutation document in the name of the plaintiff, rent receipts, a certificate of the local Union Parishad and the voter list showing that the seller ..

Category: Property Law | Date: | Hits: 155

Gopinath Das and others Vs. Government of Bangla­desh & others, 2010, 39 CLC (HCD)

....of the giant design to grab, if at all, such a huge tract of land in the city centre. Communicate a copy of the Judgment at once. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 167. ......inal plaintiff and one Md. Noor Hossain, his benamdar by an amalnama executed on 24th Falgun, 1339 BS which is covered by CS plot Nos.36, 40, 47, 48, 52 and 82 as described in schedule B at an annual rent of Tk. 57/-. 4. As the right of said GC Basak was wrong­ly recorded in the amalnama as ম..

Category: Property Law | Date: | Hits: 149

Shaikh Obaidul Haq Vs. State & another, 1986, 15 CLC (HCD)

....n 420 of the Penal Code now pending in the Court of Chief Metropoli­tan Magistrate, Dhaka be quashed. Latifur Rahman, J.- I agree. Ed. This Case is also Reported in:38 DLR (HCD) (1986) 105. ......9/16 on receipt of the said post-dated cheques for the said amount between 5.12.80 to 4.5.81. Upon the aforesaid allegation as contained in paragraph 3 sad 4 of the complaint petition there is an apparent disclosure of an offence of cheating. But in order to assess the complaint petition properly th..

Category: Criminal Law | Date: | Hits: 67

Mangal Chandra Sarker and others Vs. Bangladesh and others, 2011, 40 CLC (HCD)

....s from the places wherein their homesteads are situat­ed considering their humanitarian approach. Communicate the order at once. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 152. ......e story of derequisition, the Government is barred by the provision of estoppel to say that the same was not derequisitioned. He submits that from the order sheet of LA Case No.5 of 1972-73 it is apparent that no notice was served upon the owners of the land in question and no compensation was asses..

Category: Property Law | Date: | Hits: 89

Dabiruddin and others Vs. State, 2007, 36 CLC (HCD)

....ainst them. They shall be set at liberty forthwith if not wanted in connection with any other case. Send down the L.C. R at once. Ed. This Case is also Reported in: 14 MLR (HCD) (2009) 181. ...... has been a distinct departure from the prosecution story as set up in the FIR; that during trial substantial improvement on prosecution story was made and that the prosecution story suffers from inherent improbability. 11. The learned Advocate for the appellants cited the decisions in the case o..

Category: Criminal Law | Date: | Hits: 74