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Rafiqul Alam (Md) Vs. Mustafa Kamal and others, 1990, 19 CLC (AD)
....ide the uncontested election of the appellant declared on 16 January 1988. A fresh poll is to be held for the Union Parishad. No cost. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 137.......answered the question is the affirmative. The learned counsel for the appellant contends that the concurrent decision of those courts has been made in disregard to the judgment of this Court in the cases of A.F.M. Shah Alam and others, reported in 41 DLR (AD) 68 and also in misconstruction of all ......ide the uncontested election of the appellant declared on 16 January 1988. A fresh poll is to be held for the Union Parishad. No cost. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 137...Category: Election Law | Date: | Hits: 173
Shubra Nandi Majumdar Vs. Begum Mahmuda Khatoon, 1989, 18 CLC (AD)
....different view. In the result, the appeal is allowed and the judgment and order of the High Court Division is set aside. No cost. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 133. ......h March, 1986 and a few days later he died on 11.4.86. Whereby he bequeathed all his moveable and immoveable properties to the appellant who was made executrix of the said Will. She filed the Probate case for granting of probate. The Respondent filed an application in the said case for adding her as......different view. In the result, the appeal is allowed and the judgment and order of the High Court Division is set aside. No cost. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 133. ..Category: Property Law | Date: | Hits: 80
Nurjahan Begum Vs. State, 1989, 18 CLC (AD)
....ut we do not think it appropriate at this belated stage to issue a Rule for enhancement of the sentence. The appeal is dismissed. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 130. ......signs and gestures, in answer to questions, if the person making it is not in a position to speak. There is no requirement of law that a dying declaration should be recorded by a Magistrate as in the case of the confessional statement of an accused under s. 164(3) Cr.P.C………..(6) A man under......ut we do not think it appropriate at this belated stage to issue a Rule for enhancement of the sentence. The appeal is dismissed. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 130. ..Category: Criminal Law | Date: | Hits: 50
Dr. Syed Matiur Rob Vs. Bangladesh and Others, 1989, 18 CLC (AD)
....for making complete justice in a matter. In view of the above, we dismiss both the appeals, without making any order as to costs. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 126. ...... fact without adducing convincing material-support of such denial, but the court finds it difficult to draw a definitive inference or conclusion from the assertion of the petitioner then it will be a case where the petitioner has failed to discharge his onus probandi…………….(15) Declarati......for making complete justice in a matter. In view of the above, we dismiss both the appeals, without making any order as to costs. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 126. ..Category: Property Law | Date: | Hits: 32
Mohammad Ali Vs. Lt. Col. (Retired) Habibullah Bahar & ors. 2006, 35 CLC (AD)
....of the High Court Division in his turn came to a correct decision in discharging the Rule. No interference is, therefore, called for. The leave petition is accordingly dismissed. Ed. ......ts and circumstances or taw for rejection of the plaint the said application was liable to be rejected and provision of Order7 Rule 11 of the Code of Civil Procedure does not attract in the present case. 5. The learned Joint District Judge by order dated 16.02.2002 rejected the applicatio......in the 2nd Court of the learned Joint District Judge, Dhaka for permanent injunction against the petitioner, the defendant No. 5 and others in respect of the suit property measuring 29.52 acres of land stating, inter alia, that the plaintiff, was Finance Director of Uddog Multi Purpose Coop..Category: Property Law | Date: | Hits: 33
Kazi Shamsul Huq & others Vs. Robeya Begum & others, 2006, 35 CLC (AD)
....r in the review application shall apply and the provision of Article 182(5) of the Limitation Act is not applicable. The appeal is accordingly allowed without any order as to costs. Ed. ...... 08.06.2002 through bonafide mistake forgetting about the pendency of the earlier Title Execution Case No.18 of 1980 and subsequently filed an application for withdrawal of the subsequent execution case which was rejected on 03.09.2002. The decree holder thereupon prayed for amendment of the exec......ation of title and recovery of khas inasmuch as possession was decreed on contest on 30.09.1980 and title execution case No.18 of 1980was started for taking delivery of possession in the suit land. It is on record that the Judgment debtor filed first Appeal No.20 of 1981 before the High Cou..Category: Procedural Law | Date: | Hits: 93
Sonar Bangla Service Station Vs. Government of the People's Republic of BD, 2006, 35 CLC (AD)
....doning the delay. 12. In the background of the discussions made hereinabove we find no substance in the petition. Accordingly the petition is dismissed. Ed. This Case is also Reported in: ......tioner has submitted that while a Court exercises its power upon assigning reason the reason so assigned is required to be based on fact. The contention so made would have been of merit in some other case but in the background of the facts and circumstances of the instant case is of no merit since t......ice Station, asked the defendants to mutate his name in respect of the suit property but the same was refused and' on March 27, 1991 the authority directed the plaintiff to handover possession of the land in suit. Hence the suit. 3. The suit was contested by the defendants by filing written state..Category: Limitation Law | Date: | Hits: 205
Sree Amulya Ratan Chowdhury& ors Vs. Sreemati Shaibalini Ghose & ors., 1998, 27 CLC (AD)
..... In view of the discussion made above we find no way but to dismiss these appeals. 17. In the result, therefore, the appeals are dismissed without any order as to cost. Ed. ......8/- i.e, Tk. 96/- per year. It was provided in the agreement that the landlords would take back the possession of the suit property after the expiry of the stipulated period of 9 years but in case of continuing possession by the tenant beyond 9 year the tenant would pay rent at the rat......ents in the First Court Of Subordinate Judge, Chittagong for a declaration of title to recovery of khas possession in some part and also for confirmation of possession in the rest of the suit land. Defendant -respondent No. 1 Sreemati Shaivalini Gosh filed S.C.C. suits against the appellant..Category: Property Law | Date: | Hits: 106
Md. Umed Ali and another Vs. Mst. Hamida Khatoon and another, 1999, 28 CLC (AD)
....lorem Court fee in the trial court for the said relief within 3(three) months from date. 13. The appeal is allowed in the above terms without any order as to costs. Ed. ...... for by the plaintiffs either. The learned District Judge further observed that there was a distinction between a declaratory decree and a decree setting aside certain document, in the former case a fixed Court fee is payable on the plaint and in the latter ad valorem Court fee is required ......lorem Court fee in the trial court for the said relief within 3(three) months from date. 13. The appeal is allowed in the above terms without any order as to costs. Ed. ..Category: Civil Law | Date: | Hits: 103
Md. Sadequr Rahman Vs. Munawar Jute Mills Ltd. and others, 2006, 35 CLC (AD)
....d legal basis and as such not sustainable in law. The direction for refund is not legally sustainable. 14. The appeal is thus allowed without any order as to cost. Ed. ......981 to 23rd July 1989. 3. The petitioner challenged this order in the High Court Division in the above mentioned writ petition as having been made without any lawful authority. 4. The case of the contesting respondent, on the other hand is that on the objection raised by t......d legal basis and as such not sustainable in law. The direction for refund is not legally sustainable. 14. The appeal is thus allowed without any order as to cost. Ed. ..Category: Employment/Service Law | Date: | Hits: 84
Md. Wasim Mia Vs. State, 2005, 34 CLC (AD)
....emplated under Section 9(1) of the Ain. The submissions merit consideration. Leave is granted to consider the same. Preparation of paper book is dispensed with as prayed for. Ed. ......tigation police submitted charge sheet against the petitioner Md. Wasim Mia and Md. Wafiz Mia (since acquitted) under Section 7/9(1) 730 of Nari-O-Nirjaton Damon Ain, 2000, in short, the Act. The case thereafter being sent for trial, the Trial Court framed charge against the accused under Secti......emplated under Section 9(1) of the Ain. The submissions merit consideration. Leave is granted to consider the same. Preparation of paper book is dispensed with as prayed for. Ed. ..Category: Criminal Law | Date: | Hits: 57
Selim A Khan Vs. Md. Harun Malik and another, 2006, 35 CLC (AD)
....t of the High Court Division and we do not find that there is any error of law calling for interference by us. In view of the discussion made above the petition is dismissed. Ed. ......ises as a result of which he realized that by practicing fraud the accused petitioner and others entered into the house of the complainant and having no other alternative lodged petition case No. 2783 of 1998 under sections 4207 4487 506 and other sections of the Penal Code. 3. ......t of the High Court Division and we do not find that there is any error of law calling for interference by us. In view of the discussion made above the petition is dismissed. Ed. ..Category: Criminal Law | Date: | Hits: 30
Abdur Rouf Sarder Vs. State, 2007, 36 CLC (AD)
....o. In such circumstances we do not find any reason to lay our hands. The petition is, therefore, dismissed. Ed. This Case is also Reported in: IV ADC (2007) 800. ......foresaid section of the Penal Code. 2. The petitioner along with 7 other accused were tried in Sessions Case No. 78 of 1994 under sections 302/34 of the Penal Code. 3. Prosecution case, in brief, is that one Bhabaranjan used to reside in the house of one Narendra Nath Mondal at ......o. In such circumstances we do not find any reason to lay our hands. The petition is, therefore, dismissed. Ed. This Case is also Reported in: IV ADC (2007) 800. ..Category: Criminal Law | Date: | Hits: 52
S. M. Emdadul Hossain (Bulbul) Vs. Jinnur Hosain and another, 2005, 34 CLC (AD)
.... order dated 26.07.2003 passed by the High Court Division in Criminal Miscellaneous Case No. 8491 of 2001 is stayed for a period of 6 (six) months from dated. Ed. This Case is also Reported in: ......tioner and the trial itself are all illegal and hence the proceeding is liable to be quashed. 4. Being permitted the learned Advocate refers to the additional ground as follows:- "The complaint case having been filed in contravention of provision of Sections 138 and 141 (b) of the Negotiable...... order dated 26.07.2003 passed by the High Court Division in Criminal Miscellaneous Case No. 8491 of 2001 is stayed for a period of 6 (six) months from dated. Ed. This Case is also Reported in: ..Category: Criminal Law | Date: | Hits: 36
Md. Nurul Amin Vs. State, 2006, 35 CLC (AD)
....has been mentioned above, we do not find that the High Court Division committed any error in the decision. This petition, therefore, being bereft of substance stands dismissed. Ed. ......Prevention of Corruption Act, 1947 (Act II of 1947). On the aforesaid allegation Shahajadpur P.S Case No. 08 date 13.4.2001 was started against the accused petitioner and others and the case being investigated a Final Report (True) was submitted on 21 June 2002 by the investigating of......has been mentioned above, we do not find that the High Court Division committed any error in the decision. This petition, therefore, being bereft of substance stands dismissed. Ed. ..Category: Criminal Law | Date: | Hits: 39
Mahbubur Rahman Vs. State, 2005, 34 CLC (AD)
.... made on behalf of the petitioner we do not find any ground to lay our hands. There being no substance in the petition, the said leave petition is dismissed. Ed. This Case is also Reported in: ......ase No.170(11)82 was started against the petitioner, co-accused Majibul Hoque and others under sections 409/467/468/ 201 of the Penal Code and after investigation charge sheet was submitted and the case was thereafter sent for trial and the learned Special Judge after recording evidence convicte...... made on behalf of the petitioner we do not find any ground to lay our hands. There being no substance in the petition, the said leave petition is dismissed. Ed. This Case is also Reported in: ..Category: Criminal Law | Date: | Hits: 50
Mizanur Rahman alias Mithu and another Vs. State, 2006, 35 CLC (AD)
....granted to consider the same. Preparation of paper book is dispensed with as prayed for. The petitioners are directed to make the appeal ready for expeditious hearing. Ed. ......sentencing him there under to suffer rigorous imprisonment for 5(five) years and to pay fine of Tk.5,000/- in default, to suffer rigorous imprisonment for 6(six) months. 2. Prosecution case, in short, is that on the night following 07.09.1994 at about 9-9.30 P.M. the accused petition......granted to consider the same. Preparation of paper book is dispensed with as prayed for. The petitioners are directed to make the appeal ready for expeditious hearing. Ed. ..Category: Criminal Law | Date: | Hits: 48
Md. Golam Mostafa alias Gholam Mostafa and others Vs. State, 2005, 34 CLC (AD)
....sideration. Preparation of paper book is dispensed with as prayed for. Let the order of stay granted earlier be extended for further 6(six) months from date. Ed. ......tu and that she would be returned before evening. But ultimately she was not returned and then the informant lodged the aforesaid First Information Report. 3. The local police registered the case, started investigation, examined witnesses including the aforesaid victim girl Tamanna Taskin ......sideration. Preparation of paper book is dispensed with as prayed for. Let the order of stay granted earlier be extended for further 6(six) months from date. Ed. ..Category: Criminal Law | Date: | Hits: 29
Chair, Board of Int. and Secondary Education, Jessore and others Vs. Nazir Ahmed, 2006, 35 CLC (AD)
....lity. In the background of the discussions made hereinabove we find merit in the appeal. Accordingly the appeal is allowed. There is no order as to cost. Ed. ...... is that seniority alone is not the sole basis for promotion and that seniority does not create a claim for being promoted although the same creates a right in favour of an employee to consider his case of promotion along with the case of others who are posted in the similar situation. Promotion......lity. In the background of the discussions made hereinabove we find merit in the appeal. Accordingly the appeal is allowed. There is no order as to cost. Ed. ..Category: Employment/Service Law | Date: | Hits: 54
Bangladesh Bank & others Vs. Messers Fabrica Nacional De Monedy Timbre & others, 1998, 27 CLC (AD)
....ive body of lawyers may consider the matter and move the Government if found necessary. For the reasons stated above, the appeal is allowed without any order as to costs. Ed. ......ur of respondent No.3 or otherwise respondents No. 1 and 2 would suffer irreparable loss and injury, As the Civil Court was closed, it was submitted that in the facts and circumstances of the case, the High Court Division must be deemed to have inherent power to do right and to undo wrong i......ive body of lawyers may consider the matter and move the Government if found necessary. For the reasons stated above, the appeal is allowed without any order as to costs. Ed. ..Category: Civil Law | Date: | Hits: 119
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