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.... appointment of the Public Prosecutor. The provisions of appointment and functions of the Government Pleader and Public Prosecutor are more or less same as provided in the LR Manual.
11. It is not disputed that these provisions of LR Manual are being followed by the Government for a long time pas......be discharged.
In the result, this Rule is discharged and in the facts and circumstances of the case we pass no order as to cost.
Ed.
This case is also Reported in: 49 DLR (HD) (1997) 126.
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Category: Others | Date: | Hits: 212
Shahriar Rashid Khan and another Vs. Bangladesh, 1997, 26 CLC (HCD)
....or by any Martial Law Proclamation, Regulation or Order which stood in force upto 9‑4‑79 from 15‑8‑75. Such a proposition will lead to legal crisis and constitutional vacuum. 61. It is not disputed that Khandaker Moshtaque Ahmed, Justice AM Sayem and General Ziaur Rahman were the three de......the interpretation of several provisions of the Constitution are involved in the instant cases, the certificate prayed for is granted. Ed. This Case is also Reported in: 49 DLR (HD) (1997) 133. ..Category: Criminal Law | Date: | Hits: 202
Shahajada Talukder Vs. Election Commissioner and others, 2003, 32 CLC (HCD)
....delivered on 5‑2‑2003, after detailed discussion held that in such cases where the Returning Officer with mala fide motive rejected the nomination paper and the writ petition is not beset with disputed question of facts, the High Court will invoke jurisdiction under Article 102 of the Consti...... cancelled and the Returning Officer is directed to hold fresh election upon accepting the nomination paper already filed by the petitioner. Ed. This Case is also Reported in: 55 DLR (2003) 420...Category: Election Law | Date: | Hits: 211
Ali Azam Vs. Md. Majibullah, 2002, 31 CLC (HCD)
....The order of stay granted earlier by this court at the time of issuance of the Rule is hereby vacated. Send down the LC Records at once. Ed. This Case is also Reported in: 55 DLR (2003) 412. ......egistration cost for those four kabala deeds. At the time of purchase of those lands, the defendant was unemployed. He was a simple name lender of the plaintiff. The plaintiff mutated his name in the khatian and has been paying rent to the Government. Recently, the defendant claimed title in the sui..Category: Property Law | Date: | Hits: 103
Abdul Goni Kha Vs. Md. Abdul Aziz Azizur Rahman and others, 1996, 25 CLC (HCD)
.... that the plaintiff has filed the suit for declaration of title and that the defendant opposite party Nos.1 and 2 have fraudulently entered into an agreement of reconveyance and of declaration do the disputed order passed by the Magistrate 1st Class in respect of the suit land under President’s Or...... receipt of this order failing possession through the court in execution thereof. Send down the lower Courts record expeditiously. Ed. This Case is also Reported in: 49 DLR (HD) (1997) 172. ..Category: Property Law | Date: | Hits: 114
Jahangir Alam and others Vs. State, 2011, 40 CLC (HCD)
....d from their respective bail bonds. Send down the lower court record together with a copy of the judgment to the Court below at once. Ed. This Case is also Reported in: 63 DLR (HD) (2011) 294.......d from their respective bail bonds. Send down the lower court record together with a copy of the judgment to the Court below at once. Ed. This Case is also Reported in: 63 DLR (HD) (2011) 294...Category: Criminal Law | Date: | Hits: 142
Insab Ali (Md.) Vs. Magistrate (Abu Zafar) Jessore and others, 2010, 39 CLC (HCD)
....ey of Taka 6,16,790 was deposited to the treasury on 2-7-2007. Their further case is that the claimed of the petitioner that the BDR personnel seized the goods from the custody of the petitioner is a disputed question of facts and disputed question of fact cannot be amenable under the writ jurisdict...... Kg Soybean oil not shown in the seizure list is hereby declared to have been done without lawful authority and is of no legal effect. Ed. This Case is also Reported in: 63 DLR (HD) (2011) 290. ..Category: Criminal Law | Date: | Hits: 94
Jalil and another Vs. Chairman, Court of Settlement and another, 1991, 20 CLC (HCD)
....ned property and as to how this property comes within the definition of the abandoned property. He further submits that in any view of the matter the petitioners having asserted that they were in the disputed house since 1974 when they were forcibly evicted along with their mother, the owner of the ......ned property. The respondents are directed to put the petitioners in possession of the said house within 3(three) months from date. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 288...Category: Property Law | Date: | Hits: 90
Ramizuddin and others Vs. Abdul Hamid, 2009, 38 CLC (HCD)
....r as to costs. The impugned Judgment and order passed by the Appellate Court allowing the withdrawal of the suit is, hereby, set aside. Ed. This Case is also Reported in: 62 DLR (HCD) (2010) 434.......r as to costs. The impugned Judgment and order passed by the Appellate Court allowing the withdrawal of the suit is, hereby, set aside. Ed. This Case is also Reported in: 62 DLR (HCD) (2010) 434...Category: Procedural Law | Date: | Hits: 108
Abdul Jalil & other Vs. Islami Bank Bangladesh Ltd. and others, 2011, 40 CLC (AD)
....th the impugned judgment of the High Court Division. In the result, the appeal is dismissed on contest without any order as to costs. Ed. This Case is also Reported in: 64 DLR (AD) (2012) 107.......th the impugned judgment of the High Court Division. In the result, the appeal is dismissed on contest without any order as to costs. Ed. This Case is also Reported in: 64 DLR (AD) (2012) 107...Category: Procedural Law | Date: | Hits: 108
Hamida Begum Chowdhury Vs. Ahamad Hossain Khan and others, 1997, 26 CLC (HCD)
....e thereof as Hamida Choudhury and we also find a difference in the style and manner in which these names (Hamida Begum and Hamida Choudhury) were written. Since the genuineness of Ext. A has not been disputed by the plaintiff-respondent the same, in our view should be accepted as genuine. Moreover, ......e Appeal is allowed and the impugned judgment and decree dated 28-9-95 passed in Title Suit No.201 of 1991 is dismissed without cost. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 276. ..Category: Civil Law | Date: | Hits: 148
....stered without any lawful authority and is of no legal effect so far it relates to the property of deed of Endowment dated 25-9-1903.
Ed.
This Case is also Reported in: 50 DLR (HCD) (1998) 273.
......properties have been vested in the Additional Custodian of Enemy Property in East Pakistan. In this notification although there is no clear and specific mention of property (by mentioning the dag and khatian number thereto being treated as an enemy property) but the same is stated to have been veste..
Category: Property Law | Date: | Hits: 85
Monjurur Rahman (Md.) Vs. Dr. Naimur Rahman, 1998, 27 CLC (HCD)
....mpany in 1950 and Rema Tea Company in 1951 with the sale proceeds of the property in India. His father died on 4-7-69. He had several houses in India and he sold the same in 1947-48. 10. It is not disputed that defendant No.1 alone applied to the DIT for allotment of a plot at Gulshan in 1960 and......t, the appeal is dismissed. The Judgment and decree passed by the Court below is upheld. Parties are directed to bear their own cost. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 266. ..Category: Property Law | Date: | Hits: 109
Mahbub Alam Vs. Commissioner, Customs, Excise and VAT, Sylhet and others, 2010, 39 CLC (HCD)
.... is a statement of his own. He further submits that whether or not the petitioner was going to give a declaration as claimed in not admitted by the prosecution or the respondents and as such, it is a disputed question of fact to be decided by the Special Tribunal wherein the Special Tribunal Case is......dgment and order to the Special Tribunal concerned for necessary action and the Respondent No.1 for information and necessary action. Ed. This Case is also Reported in: 62 DLR (HCD) (2010) 395. ..Category: Fiscal/Taxation Law | Date: | Hits: 177
Niranjan Malaker & another Vs. State, 2009, 38 CLC (HCD)
..... He further admits that accused Niranjan Malaker is the only eyewitness to the alleged occurrence of murder. 23. This is all about the prosecution evidence. The death of Makhon Chandra Das is not disputed. We have already discussed the evidence of Medical witness namely, P.W.12 Dr. Md. Shahjahan......erty forthwith if not required to be detained in any other connection. Send down the LCR with a copy of this Judgment at once. Ed. This Case is also Reported in: 62 DLR (HCD) (2010) 387. ..Category: Criminal Law | Date: | Hits: 75
Mahboob Uddin Ahmed Vs. Bangladesh Election Commissioner, and others, 1998, 27 CLC (HCD)
....on as it reaches a finality with gazette notification. But in case of pendency of an election dispute there will be no such finality and no vacancy will legally occur to the parliamentary seat of the disputed constituency till the dispute is settled finally. As a result without a seat being vacant t......pondent No.1 Bangladesh Election Commission at once addressing it to the Chief Election Commissioner, Bangladesh Election Commission. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 417. ..Category: Election Law | Date: | Hits: 162
Mostafa Kamal Vs. Chief Election Commissioner and others, 1997, 26 CLC (HCD)
....ed before one can obtain any relief under Article 102 of the Constitution for the remedy provided by this Article is not intended to be a substitute for the ordinary forms of legal action. It is undisputed that the present petitioner filed an Election Petition on 2-1-93 before the Election Tribun......l before filing of the present Writ Petition before this Court. Accordingly, the Rule is discharged without any order as to costs. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 260. ..Category: Election Law | Date: | Hits: 154
State Vs. Azam Reza, 2008, 37 CLC (HCD)
.... she was done to death. The learned Deputy Attorney-General further submits that it is a wife killing case. The wife was done to death, while he was living with her accused husband in his bed room. Undisputedly the accused was present at the material time. He knew how his deceased wife met with deat......cation to the effect that the accused is sentenced to imprisonment for life. Send down the lower Court's records at once. Ed. This Case is also Reported in: 62 DLR (HCD) (2010) 399. ..Category: Criminal Law | Date: | Hits: 114
Naimuddin Molla and others Vs. Ibrahim Molla and others, 2008, 37 CLC (HCD)
.... However, there shall be no order as to costs. Let a copy of the Judgment along with LCR be sent down to the Courts below at once. Ed. This Case is also Reported in: 62 DLR (HCD) (2010) 369. ......ndant No.1 Naimuddin Molla had obtained settlement of a landed property as a landless person on 17-1-1979 from the government of Bangladesh, defendant No.2, which was a khas properly recorded in khas khatian No.1, measuring 1.32 acres of land comprised in Plot No.1334 and 1193 within mouza Krishnapu..Category: Procedural Law | Date: | Hits: 120
Prof. Nurul Amin Bepari Vs. Vice-Chancellor & others, 1998, 27 CLC (HCD)
....voking writ jurisdiction under Article 102 of the Constitution, more so when allegation of political consideration for nomination of the members was denied by affidavit-in-opposition giving rise to a disputed question of fact. Where a disputed question of fact arises the High Court Division shall no...... For the reasons stated above the Rule is liable to be discharged. Accordingly, the Rule is discharged without any order as to costs. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 405...Category: Employment/Service Law | Date: | Hits: 228
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