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M/s. Shanker Kumar Das Vs. Government of Bangladesh and 6 others, 2005, 34 CLC (HCD)
....e date of receipt of the copy of this judgment. 17. In the result, this Rule is made absolute but without any order as to costs. Ed. This Case is also Reported in: 27 BLD (HCD) (2007) 185. ......ojects except project Nos.1 to 8. 13. It also appears that the Chief Engineer by his memo dated 17.12.2002 (Annexure-G) requested for a decision of the Secretary, Ministry of Communication that in view of the decision taken by the Hon'ble Minister whether the money allotted for other projects cou..Category: Civil Law | Date: 23 Feb, 2005 | Hits: 31
Category: Company Law | Date: 22 Feb, 2005 | Hits: 364
Government of Bangladesh Vs. Md. Abu Bakar, 2006, 35 CLC (AD)
.... illegality in the impugned judgment and order. There is, therefore, no substance in this appeal. 15. The appeal is dismissed without any order as to cost. Ed. ...... The Constitution of Bangladesh, 1972 Article 116 Consultation with the Supreme Court in taking disciplinary action against a Magistrate is whether necessary. In view of Article 116 of the Constitution, in order to take disciplinary actions against any Magistra..Category: Administrative Law | Date: 16 Feb, 2005 | Hits: 126
Govt. of BD rep. by the Sec., Min. of Establishment Vs. Md. Abu Bakar, 2005, 34 CLC (AD)
....lotment of a plot to the writ petitioner. 5. So, there is no cogent reason to interfere with the decision of the High Court Division. The petition is dismissed. Ed. ......lotment of a plot to the writ petitioner. 5. So, there is no cogent reason to interfere with the decision of the High Court Division. The petition is dismissed. Ed. ..Category: Property Law | Date: 16 Feb, 2005 | Hits: 69
Siraj Miah Vs. Mohammad Miah and others, 2005, CLC (HCD)
....t No.91 of 1977 renumbered as Title Suit No.52 of 1986 is hereby upheld. Send down the Lower Courts records at once. Ed. This Case is also Reported in: 57 DLR (2005) 356. ...... the suit land together with finding out the legal position of the Bainapatra on the face of the registered sale deed. 13. The learned Advocate further argued that the learned trial Court with a view to find out right, title and possession of the suit land has banked only upon the possession le..Category: Property Law | Date: 7 Feb, 2005 | Hits: 2
Chairman, Sherpur Paurashava Vs. Md. Jahangir Hossain Chowdhury, 2005, 34 CLC (AD)
....-retainable khas land of the original landlord, we do not find any substance in the submission of the learned Counsel for the petitioner. The petitions are dismissed. Ed. ......ation of materials on record and on due consideration of materials on record has dismissed the suit on the finding, inter alia, that: "Considering the materials on record I am of the view that the plaintiffs have failed to prove the elements of fraud as to the service of summons upo..Category: Property Law | Date: 1 Feb, 2005 | Hits: 118
Mustaque Hossain (Md). Vs. Md. Shajahan Miah and another, 2005, 34 CLC (AD)
.... attributed for acceptance of the salami to render the tenant non‑ejectable in accordance with law. The petitions are dismissed. Ed. This Case is also Reported in: 26 BLD (AD) 2006, 105. ...... Rent Control Act the landlord is entitled to eject a tenant as soon as a monthly tenant is a defaulter or a landlord bonafide requires the premises or for building and rebuilding purpose. 15. in view of the above, the submissions of the learned Counsel for the petitioner are of no substance for..Category: Tenancy Law | Date: 1 Feb, 2005 | Hits: 120
SMAH Ltd SMAH Ltd Vs. Government of Bangladesh and others, 2005, 34 CLC (HCD)
....time of issuance of this Rule is hereby recalled and vacated. Ed. This Case is also Reported in: 57 DLR (2005) 267. ......cres of land of CS Plot No.117 were shown and that the said MLO has no bearing on LA Case No.16/1959‑1960. 13. We find substantial force in the Submission of Mr. Ahmed. We are, however, of the view that by MLO No.128 of 1986, the title of Mrs. Madlena D Rozario was not restored in 0.29 acre o..Category: Property Law | Date: 16 Jan, 2005 | Hits: 7
Monohar Joarder and others Vs. State, 2005, 34 CLC (HCD)
....LC record be sent down to the learned Additional Sessions Judge, 1st Court, Kushtia immediately for information and necessary action. Ed. This Case is also Reported in: 57 DLR (2005) 494. ......s thigh. So, we cannot agree with the submission of the learned Assistant Attorney‑General that the accused‑appellants had premeditated or pre‑planned attack on Asmat Ali to murder him. In that view of the matter, reliance was made in the case of Abdus Samad Vs. State reported in 44 DLR (AD) 2..Category: Criminal Law | Date: 15 Jan, 2005 | Hits: 3
Barkatullah Khan (Md.) Vs. Government of Bangladesh and others, 2005, 34 CLC (HCD)
....cation and accordingly the same is allowed. 17. Accordingly, the Rule is made absolute. There will be no order as to costs. Ed. This Case is also Reported in: 57 DLR (2005) 302. ......o give an opportunity to the person concerned to present, his case before issuance of any order. This is in consonance with the long standing and well settled principle of nature justice. 16. In view of the discussion made above, we find sufficient merit in this application and accordingly the ..Category: Employment/Service Law | Date: 15 Jan, 2005 | Hits: 2
Afzal Molla (Md.) Vs. Government of Bangladesh & others, 2005, 34 CLC (HCD)
....e and the same is liable to be discharged. In the result the Rule is discharged without any order as to costs. Ed. This Case is also Reported in: 57 DLR (HCD) (2005) 586. ......l Kalam Mainuddin, the learned Advocate appearing for the petitioner, submits that he has explained the reasons for delay in paragraph No.6 of the application and the said delay should be condoned in view of the provision of Article 181 of the Limitation Act providing a period of 3 years for making ..Category: Limitation Law | Date: 10 Jan, 2005 | Hits: 6
Abdur Rahman Sikder (Md.) Vs. Nur Mohammad Khan and others, 2005, 34 CLC (HCD)
....pplication for vacating the stay order is disposed of. Transmit a copy of the judgment and order to the Court below immediately. Ed. This Case is also Reported in: 57 DLR (2005) 239. ......r separately. 4. Mr. Md. Mojibur Rahman, the learned Advocate appearing on behalf of the first party petitioners, submits that the learned Sessions Judge has failed in error of law in taking the view that Magistrate had no jurisdiction to draw up a proceeding under section 145 CrPC when a decre..Category: Criminal Law | Date: 10 Jan, 2005 | Hits: 4
Badar Biswas & others Vs. State, 2005, 34 CLC (HCD)
....imited order of stay for 3 (three) months granted at the time of issuance of the Rule stood vacated for the lapse of time Ed. This Case is also Reported in: 57 DLR (2005) 770. ......enal Code against all the FIR named accused persons including the petitioners. The charge-sheet being accepted the case was sent to the Sessions Judge, Narail for trial. But no trial could be held in view of a reference made by the Sessions Judge, Narail to the High Court Division, the case was tran..Category: Criminal Law | Date: 9 Jan, 2005 | Hits: 37
Lal Miah (Hajee) Vs. Nurul Amin and others, 2005, 34 CLC (AD)
....est money of Taka 15,000 paid to the defendant No. 1. The other part of the ordering portion of the judgment of the High Court Division is maintained. There is no order as to cost. Ed. ......s not the competent witness about the said matter……………………….(19) The Specific Relief Act, 1877 (I of 1877), Section 27 In view of the provisions of section 27 as the defendant no. 2 had acquired title to the property rega..Category: Procedural Law | Date: 5 Jan, 2005 | Hits: 147
Nasim (Md.) and another Vs. State, 2005, 34 CLC (HCD)
....the Rules are discharged. The order of stay granted earlier by this Court is hereby vacated. Ed. This Case is also Reported in: 57 DLR (2005) 546. ......t in the case of 28 DLR (AD) 38, when the Court is of opinion the materials did not disclose any offence against the accused. On perusal of the first information report and charge-sheet we are of the view the instant case in no way falls within the aforesaid category. Mr. Anisul Haque, the learned A..Category: Criminal Law | Date: 4 Jan, 2005 | Hits: 1
Jaher Ali (Md.) and others Vs. Md. Ziarat Hossain, 2005, 34 CLC (HCD)
....o dismissed. The order of stay granted earlier by this Court is hereby vacated. Send down the lower Court records at once. Ed. This Case is also Reported in: 57 DLR (HCD) (2005) 315. ......t, decreeing the suit, committed a serious error of law resulting in an error in the decision occasioning a failure of justice and, as such, the judgment and decree is not sustainable in law. In this view of the matter, plaintiff can seek relief in a properly constituted suit but in the present suit..Category: Property Law | Date: 4 Jan, 2005 | Hits: 3
Mahadeb Chandra Mondal and other Vs. Dulal Chandra Mondal and other, 2005, 34 CLC (AD)
.... Accordingly, the appeal is allowed without any order as to costs and Title Suit No. 174 of 1975 of the Court of Munsif, Second Court, dismissed without any order as to costs. Ed. ...... closed before the promulgation of President's Order No. 88 of 1972. 7. Mr. A Y Ahmed Ali, the learned Counsel appeared for the respondents though did not file the concise statement but in view of the importance of the point involved we have heard him, who has relied on the decision repo..Category: Property Law | Date: 4 Jan, 2005 | Hits: 137
Altaf Hossain Golondas Vs. Bangladesh and others, 2004, 33 DLR (HCD)
....lver is declared to have been issued without any lawful authority and to be of no legal effect. No order as to cost. Ed. This Case is also Reported in: 57 DLR (2005) 323. ......o.20 in respect of Revolver and thus two licences of the petitioner were purportedly cancelled. It has been contended that the order canceling the licence of the petitioner does not come under the purview of the above provision of law and the order of cancellation is without any lawful authority and..Category: Arms Law | Date: 14 Dec, 2004 | Hits: 9
Biseruddin Sarder (Md) and others Vs. Md. Tofazzal Hossain Biswas and others, 2005, 34 CLC (AD)
....e view that the High Court Division acted illegally in interfering with the findings and decision of the Court of appeal. The appeal is, therefore, allowed without any order as to costs. Ed. ......ed that the genuineness of the deed of relinquishment Exhibit F and the solenama having not been proved by calling for the original record of the criminal case these can be relied upon, especially in view of categorical denial by the plaintiffs. Without going into merit of the solenama it cannot be ..Category: Property Law | Date: 13 Dec, 2004 | Hits: 21
Fokrul Alam Chowdhury Vs. State & another, 2004, 33 CLC (HCD)
.... connection with the Rule stands vacated. Send a copy of the judgment to the Senior Special Judge, Cox's Bazar, immediately. Ed. This Case is also Reported in: 57 DLR (2005) 727. ......ng on behalf of the City Bank submits that the Government invested 49% of the total capital of the City Bank and the officer serving in the said Bank may accordingly be treated as a public servant in view of clause 12(b) of section 21 of the Penal Code as amended in 1982. The learned Advocate also c..Category: Banking Law, Criminal Law | Date: 12 Dec, 2004 | Hits: 1