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.... in the meantime, if so advised.
The applications for addition of party filed by the different applicants be kept with the record.
Ed.
This Case is also Reported in: 30 BLD (HCD) (2010) 257.
......রে প্রয়োজনীয় পদক্ষেপও গ্রহণ করিতে পারিবেন”।
25. From the above, we find that paragraph 20 of the judgment deals with the action to be taken after completion of the survey and the lines referred to above in no uncertain te..
Category: Environmental Law | Date: | Hits: 731
State Vs. Delwar Hossain & others, 2011, 40 CLC (HCD)
....ru, Lalu and Shafique be called for. Let a copy of this Judgment and Order be communicated to the Court below concerned at once. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 356. ......reached at Mukbeki of Moheshkhali channel the accused party stormed on them in order to commit dacoity but for the strong resistance made by the informant party they could not be successful. So, such action of the accused was a strong attempt to commit dacoity which amounts to commission of dacoity ..Category: Criminal Law | Date: | Hits: 158
Waseq Ullah & Others Vs. Rezia Khatun and Others, 2010, 39 CLC (HCD)
....No.510 in Title Suit No.50 of 1990 is set aside. Title Suit No.50 of 1990 is dismissed. Send down the lower Court records at once. Ed. This Case is also Reported in: 16 BLC (HCD) (2011) 300. ......, openly, notoriously, continuously for above than 12 years and thereby got actual and exclusive possession over the suit land. By such invasion of the rights of the true owners, gave them a cause of action for recovery of khas possession at once. Plaintiff in fact acquired title by adverse possessi..Category: Property Law | Date: | Hits: 83
Ruhul Amin Vs. State and another, 2007, 36 CLC (HCD)
....akhsmipur in Criminal Miscellaneous Case No.41 of 2004. In the result, the Rule is discharged. The stay order stands vacated. Ed. This Case is also Reported in: 13 MLR (HCD) (2008) 141. ......oint as to whether the disputed Kabala and the death certificate in question can be considered to have been "produced or given in evidence" in the proceeding of Title Suit No.1653 of 1981 and whether actions of petitioner in relation to those documents come within the purview of section 195(1)(c) wa..Category: Property Law | Date: | Hits: 122
....writ petition is not maintainable.
In view of the discussions as made above, the Rule is discharged without any order as to cost.
Ed.
This Case is also Reported in: 61 DLR (HCD) (2009) 728.
......adesh Vs. Md. Shamsul Huq, 12 MLR (AD) 25 = 59 DLR (AD) 54; Government of Bangladesh Vs. Md. Abdur Rashid, 12 MLR (AD) 47. Basing on these decisions, the learned Counsel emphatically submits that the action taken by the authority in respect of retirement of the petitioner is an 'action' which is ver..
Category: Administrative Law | Date: | Hits: 494
.... without any order as to costs.
The order of status quo granted at the time of issuance of the Rules is hereby vacated.
Ed.
This Case is also Reported in: 61 DLR (HCD) (2009) 28.
......ier writ petitions or before the Appellate Division. The proceedings of the two LA Cases were being carried on simultaneously in order to circumvent, the earlier order of derequisition, therefore the actions taken under the later LA Case being No. 5/72-73 were illegal, male fide and malice in law. I..
Category: Property Law | Date: | Hits: 121
Monowara Khatun and another Vs. Abdul Khaleque & others, 2011, 40 CLC (HCD)
.... Court, Dhaka in Title Suit No.181 of 1994 are hereby set aside. The suit is hereby dismissed. Send down the LC Record at once. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 371. ...... took possession of 20 decimals land out of 25 3/4 decimals of Plaintiff No.1 and around 9 decimals of land out of 10 decimals of plaintiff No.2 and materialized the same with Pantha Path (West). The action taken by LA authority and RAJUK are illegal, consequently plaintiff No.1 filed Title Suit No...Category: Procedural Law | Date: | Hits: 137
Touhid & Others Vs. State, 2006, 35 CLC (HCD)
....e to surrender learned Sessions Judge will take all steps to put him behind prison bar. Lower Court Records are sent down at once. Ed. This Case is also Reported in: 15 BLT (HCD) (2007) 364. ......the existence of common intention animating the accused leading to the doing of a criminal act in furtherance of such intention. The distinct feature of section 34 is the element of "participation in action". The common intention implies acting in concert, existence of a pre-arranged plan and pre-su..Category: Criminal Law | Date: | Hits: 98
....0 of 1992 we hold that this Writ petition is not maintainable.
In the result the Rule is discharged without any order as to costs.
Ed.
This Case is also Reported in: 50 DLR (HCD) (1998) 567.
......r surprise respondent No.1 served the petitioners the order No.10312‑72 (Complaint)/examination dated 30‑12‑90, to the Principal of Jagannath College, Dhaka and others stating that disciplinary action had been taken against the petitioners and others in which it was stated that examination res..
Category: Constitutional Law | Date: | Hits: 300
Bangladesh Vs. Shudhir Chandra Nath, 2011, 40 CLC (HCD)
....al power. In the result the revision fails and the Rule is discharged without any order as to cost. Send down the LCR at once. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 309. ......nt No.1 received the compensation money amounting to Taka 10,175.10 behind their back and being aware they filed an application before the Land Acquisition Officer, Bogra claiming the amount but no action was taken. Hence the suit was filed with the above prayer. 5. The defendant No.1 Governmen..Category: Procedural Law | Date: | Hits: 111
Mustaq Ahmed Vs. State, 2010, 39 CLC (HCD)
....erence thereof in her Service Book. The office is directed to communicate the Order and send down the lower Court records at once. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 301. ......e. 74. Let a copy of the Order be sent to the Ministry of Law, Justice and Parliament Affairs, Government of Bangladesh and the Registrar, Supreme Court of Bangladesh for information and immediate action. 75. Let a copy of this Judgment be retained in the dossier of the concerned Judge with pa..Category: Criminal Law | Date: | Hits: 62
....t.
In the results, the rule is discharged.
However, there shall be no order as to costs.
Moyeenul Islam Chowdhury J.- I agree.
Ed.
This Case is also Reported in: 7 LG (HCD) (2010) 152.
......rative as well as in the judicial or quasi-judicial proceedings …………………………(26)
Unless a person holds a right he can not claim to be heard before the same is infringed by any action either judicial or administrative………………………(27)
Public body when decidin..
Category: Administrative Law | Date: | Hits: 299
.... and decree given at time of issuance of rule is vacated.
The office is directed to send down the lower Courts records immediately.
Ed.
This Case is also Reported in: 18 BLT (HCD) (2010) 51.
...... acted upon and therefore, committed no error of law resulting in an error in the decision occasioning failure of justice. The learned counsel further submitted that the plaintiff is not bound by any action of the alleged committee to have taken after the filing of the suit in 1969 and such actions ..
Category: Property Law | Date: | Hits: 102
Allama Delawar Hossain Sayedee Vs. Bangladesh, and others, 2009, 38 CLC (HCD)
....d the respondents are hereby directed to allow the Petitioner to leave and re-enter Bangladesh. There will be no order as to cost. Ed. This Case is also Reported in: 18 BLT (HCD) (2010) 188. ......uty Attorney-General - For the respondent No.1. Writ Petition No. 5127 of 2009. Judgment Tariq ul Hakim J.- Rule Nisi has been issued calling upon the respondents to show cause as to why the action of the respondents in preventing the Petitioner from leaving Bangladesh on 24.7.2009 should n..Category: Constitutional Law | Date: | Hits: 147
Rezia Khatun Chowdhurani and others Vs. Shamir Kumar Chowdhury and others, 2008, 37 CLC (HCD)
.... these Rules. In the result, these Rules are discharged without any order as to costs. Send down the lower Court records. Ed. This Case is also Reported in: 61 DLR (HCD) (2009) 131. ......plaintiffs’ part of obligation. On looking at the contract it can be inferred that the vendor never intends to bind himself to anything, till the plaintiff performs his part of obligation. The transaction between the parties cannot be equated as simple contract for sale of immovable property as is..Category: Civil Law | Date: | Hits: 138
Zareen Biscuit Company Vs. Sayed M. Salimullah and others, 2010, 39 CLC (HCD)
....e of dismissal passed by the Subordinate Judge, 3rd Court, Tangail, is hereby affirmed. Send down the lower Court record at once. Ed. This Case is also Reported in: 16 BLC (HCD) (2011) 267. ......uineness of the pattannama, the only source of title of the plaintiff's predecessors. Trial Court found the suit, amongst others, bad for defect of parties, plainly undervalued and devoid of cause of action. It appears that four witnesses were examined on behalf of the plaintiff company. While one w..Category: Trust/Waqf Law | Date: | Hits: 114
Md. Enamul Haque Vs. Md. Ekramul Haque and others, 2011, 40 CLC (HCD)
....of the suitsexpeditiously preferably within 6(Six) months from the date of receipt of this order. Communicate this order at once. Ed. This Case is also Reported in: 16 BLC (HCD) (2011) 263. ......ere the judge is prejudiced against the party; (iv) To avoid multiplicity of proceedings or conflicting decisions; (v) Where two persons have filed suits against each other on the same cause of action in different Courts; (vi) Where common questions of law and fact arise in two suits; (v..Category: Procedural Law | Date: | Hits: 179
LMJ International Ltd. India Vs. MV BK Ace and others, 2010, 39 CLC (HCD)
....n application for facilitating the parties to inform this Court about the compliance of the order, by way of affidavit of compliance. Ed. This Case is also Reported in: 16 BLC (HCD) (2011) 256. ......rest is not sustainable on the ground that the plaintiff is neither a party to the shipping documents of the cargo nor does it have any agreement whatsoever with the defendant No.1, hence on cause of action has arisen in favour of the plaintiff against the defendant No.1 and, as such, the plaintiff ..Category: Admiralty Law or Maritime Law | Date: | Hits: 490
Abdul Karim Vs. Land Acquisition Officer, Comilla and others, 2006, 35 CLC (HCD)
....e without lawful authority. With the foresaid findings and observations, I concur with my learned brother in making the Rule absolute. Ed. This Case is also Reported in:61 DLR (HCD) (2009) 112. ......tice under section 3 is indicative of a lack of application of mind and the notice under section 3 is liable to be struck down on that ground as well…………………………….(17) When any action is taken or proceeding is initiated with mala fide intention without formation of any opinion..Category: Property Law | Date: | Hits: 85
Kartick Chandra Das and another Vs. State, 2012, 41 CLC (HCD)
....tunity on priority basis. Communicate the order to the learned Special Judge, Bogra, at once for information and necessary action. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 458. ......is directed to dispose of Special Case No.4 of 2008 at an earliest opportunity on priority basis. Communicate the order to the learned Special Judge, Bogra, at once for information and necessary action. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 458. ..Category: Procedural Law | Date: | Hits: 86
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