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Displaying 961-980 of 3456 results.
Mohsin Ali Chowdhury Vs. Muzammel Khan & Others, 1989, 18 CLC (HCD)
.... the defendants 2 and 4 have no right to make construction upon the suit land to which they have no title. The learned trial Court ultimately decreed the suit on the ground of easement of necessity holding that the plaintiff or his vendors could not have any right of easement by user or prescrip......r of servient tenement. Therefore, there should be strict construction of section 13 in case of claim of easement by necessity… If it is not 'necessary' one cannot be allowed to have easement right over the property of another……………………(11 & 13) Extinction on termination of ne..Category: Civil Law | Date: | Hits: 189
Arshad and others Vs. State and another, 2010, 39 CLC (HCD)
....mplainant. Therefore, 2nd petition of complaint has become necessary to be filed though on the self same allegation another complaint was withdrawn. It is contended that the learned Magistrate, after holding inquiry into the matter had lawfully taken cognizance and framed charge against the persons ...... the Magistrate that there are sufficient grounds for permitting him to withdraw his complaint, the Magistrate may permit him to withdraw the same, and shall thereupon acquit the accused." 12. Moreover, the learned Magistrate should not have assumed jurisdiction ofrevisional Court in finding faul..Category: Procedural Law | Date: | Hits: 108
Anwar Hossain (Md.) and others Vs. State and others, 2003, 32 CLC (HCD)
....any, to be adopted, the effect of the decision on the person affected and other indicia afforded by the statute. 33. It has case of Abdul Latif Mirza, Bhattacharya J set the controversy at rest by holding that whenever any authority is invested with a legal authority to make an order of detention......te to the person the grounds on which the order has been made to enable him to make a representation in writing. The grounds are not only necessary to enable the detenu to make a representation, the government shall also place the grounds before the Advisory Board on which the order was made and the..Category: Criminal Law | Date: | Hits: 114
Foyez Ahmed and others Vs. Uttara Bank and others, 2002, 31 CLC (HCD)
.... Court is directed to dispose of the application under Order XXI rule 58 in accordance with law on merit. Communicate this order. Ed. This Case is also Reported in: 55 DLR (HCD) (2003) 635. ...... Court is directed to dispose of the application under Order XXI rule 58 in accordance with law on merit. Communicate this order. Ed. This Case is also Reported in: 55 DLR (HCD) (2003) 635. ..Category: Procedural Law | Date: | Hits: 128
Moktar Ahmed Vs. Haji Farid Alam & another, 1989, 18 CLC (HCD)
....l." It was further observed: "Thus not only the provision of section 27 (6) of the Special Powers Act has been violated but also the fundamental principles of natural justice has been ignored in holding the trial and in passing the order of conviction and sentence." Relying upon this observa......ously make any corresponding amendment in section 537 Cr.P.C. to include the word 'Gazette Notification and at least one Bengali newspaper'. Therefore, it can be inferred that section 537 does not cover the case falling under section 339B Cr.P.C. Moreover the expression used in section 87 Cr.P.C..Category: Criminal Law | Date: | Hits: 110
Abdus Satter and others Vs. Abdun Noor and others, 1997, 26 CLC (HCD)
....in the Court of the Munsif, Sadar, Sylhet seeking pre‑emption of the suit land measuring 0.05 decimal against the pre‑emptee opposite parties claiming themselves as the co‑sharer tenants of the holding by way of inheritance. The pre‑emptee opposite party Nos.3 and 4 sold the suit land to the......on as they came to know about them during cross‑examination of P.W.1 vide order dated 21‑7‑85 of the trial Court. Since the rectification of this defect of parties was made before the trial was over their application for pre‑emption no longer suffered from any defect of parties. 8. It is ..Category: Property Law | Date: | Hits: 155
Idris Miah (Md.) Vs. State, 1998, 27 CLC (HCD)
....ibunal constituted under section 25 of the Special Powers Act is also required to follow the provisions of section 476 to hold an enquiry as provided in that section and file a formal complaint after holding such enquiry which they failed to do. 7. In view of the provisions of section 476 of the ......W.1) and P.W.2 a seizure list witness. 2. The informant (appellant No.2) lodged a First Information Report alleging that on receiving secret information he in presence of seizure list witnesses recovered a pipe gun from a hay stack and a dagger from the room of the accused Anowarul Islam. Charge ..Category: Criminal Law | Date: | Hits: 72
Syeda Helali Begum and others Vs. Shanty Mary Cruez and others, 2008, 37 CLC (HCD)
....os. 19(ka)-19(Ja). Preliminary Decree was drawn and signed on 30.11.1999. On the prayer of Decree-Holder Plaintiffs-Opposite parties, an Advocate Commissioner was appointed for effecting partition on holding Local Investigation and Survey on the property. Learned Advocate Commissioner on 28.5.2000 s...... riposting to questions posed, factual matrix, evidences adduced from both sides, materials on record and fact and circumstances may conveniently be taken into account. Legal aspect touching the controversy is, also, required to be ruminated. 3. A detailed recounting of factual scenario is not es..Category: Procedural Law | Date: | Hits: 120
Md. Aftab Uddin Vs. Government of the People's Republic of Bangladesh and others, 2008, 37 CLC (HCD)
....ause as to how and under what authority Mr. Kazi Habibul Awal, Additional Secretary of the Legislative Drafting Wing of the Ministry of Law, Justice and Parliamentary Affairs, the Respondent No.5, is holding or purported to hold the post of Secretary-in-Charge of the Ministry of Law, Justice and Par......ision (Special Original Jurisdiction) Present: Shah Abu Nayeem Mominur Rahman J Shahidul Islam J Md. Aftab Uddin…………………Petitioner Vs. The Government of the People's Republic of Bangladesh, represented by the Cabinet Secretary and Chairman ..Category: Constitutional Law | Date: | Hits: 361
BRAC Printers Vs. Chairman; First Labour Court and another, 2007, 36 CLC (HCD)
....n contest and set aside the orders of termination dated 13.7.2000 and 16.7.2000 and ordered reinstatement of the respondent-workers within 30 days from the date of the judgment with full arrear wages holding, inter alia, that the services of the respondents were terminated for trade union activities......he Rule Nisi, the operation of the impugned judgment was stayed in all the above Writ Petitions. 4. The facts leading to the issuance of the above Rules, in brief, are: The petitioner is a non-government, non-profiteering and voluntary organization, namely, BRAC, which has an office at Tongi, ..Category: Labour and Industrial Law | Date: | Hits: 138
Md. Abdur Rouf Vs. Bangladesh Agricultural Development Corporation and others, 2005, 34 CLC (HCD)
....ed by the selection committee of BADC by agenda No.3 dated 29.12.2002 and 1.1.2003 without taking into account the case of the petitioner for promotion. After belated promotion, the petitioner is now holding the post of Joint Director/Manager. At present, the petitioner is aggrieved because in the g......r was at serial No.5 in the gradation list of the Junior Executive Grade of the Agricultural Pool, even, then his case of promotion was not considered. By a gazette notification dated 16.6.1990, the government introduced BADC Employees Service Regulations, 1990 wherein the seniority-cum-efficiency w..Category: Employment/Service Law | Date: | Hits: 144
Shamsul Haque Vs. Court of Settlement and others, 1996, 25 CLC (HCD)
....ng upon the respondents to show cause as to why the impugned Judgment and order dated 7‑10‑87 passed by the respondent No.1 in Settlement Case No.526 of 1987 (Ka‑1005‑Mirpur Sections 1 and 2) holding No.2‑E/5‑2‑Mirpur. Dhaka as contained in Annexure‑1 to the Writ Petition should not ......e 26, 1996. Result: The Rule is made absolute. Cases Referred to- Rahela Khatun Vs. Chairman, Court of Settlement, 15 DLR 5; Gannysons Limited Vs. Sonali Bank and others, 37 DLR (AD) 42; Government of Bangladesh Vs. Mirza Shahab Ispahani, 40 DLR (AD) 116; Md. Ayub Ali Vs. Bangladesh, 45 ..Category: Property Law | Date: | Hits: 107
Shafiqul Islam (Md.) Vs. State, 1998, 27 CLC (HCD)
.... to prove the charge brought against the appellant and as such, the impugned judgment and order of conviction is liable to be set aside. He further submitted that the learned Court acted illegally in holding that the victim was a minor at the time of occurrence and in relying on the evidence of D.W.......e nearby fish gher. Thereafter, he lodged First information Report Ext. 1. After investigation police submitted charge‑sheet against the appellant alone under section 2(Ga) of the said Ain after recovering the victim girl and arresting the appellant. 4. At the trial appellant was charged Under ..Category: Criminal Law | Date: | Hits: 89
Manik K Bhattacherjee Vs. Artha Rin Adalat and other, 2010, 39 CLC (HCD)
....ns (9) and (10) of section 34 of the Ain that the conditions precedent for directly issuing a warrant of arrest/civil prison (দেওয়ানী আটকাদেশ) are that— (i) steps for holding at least one auction was taken, or (ii) the decretal amount was not fully satisfied by au......ector of Gonophone at the relevant time or whether his resignation was accepted by the Bank are all disputed question of facts which cannot be decided in writ jurisdiction without taking evidence Moreover, the suit was decreed in favour of the Bank and against the defendants including the petitioner..Category: Civil Law | Date: | Hits: 154
Tajul Islam and others Vs. Chini Miah and others, 2007, 36 CLC (HCD)
....an neither got any authority nor any occasion to transfer plot No.398 which was not owned and possessed by him rather owned and possessed by Imamuddin and Trial Court committed a substantial error in holding tl at Defendants-Opposite parties purchased Cadastral Survey plot No.398 and it was wrongly ......vision No.1230 of 2006. Judgment AK Badrul Huq J.- Decisions recorded by learned Appellate Judge in a Title Appeal by which adjudication rendered by learned Trial Judge in a Title Suit had been overturned stand out to be subject matter of challenge in this Civil Revision Petition under section..Category: Procedural Law | Date: | Hits: 155
Esahaq Ali Mallik and another Vs. Mobarak Sheikh and others, 2009, 38 CLC (HCD)
....it is prepared. 24. In the facts and circumstances of the case as I have discussed above vis-a-vis the above quoted decisions, I am of the opinion that the appellate Court below committed wrong in holding that: “এইরুপ অবস্থায় বিবাদীর পূর্ববত......hockingly perverse to the extent that the plaintiffs could not prove their possession in the suit land inspite of sufficient corroborative evidence to indicate that the plaintiffs are in possession over the suit property. Drawing my attention to the judgment of the trial Court below Mr. Humayun Ka..Category: Property Law | Date: | Hits: 100
Acqua Foods Limited and another Vs. Controller of Imports and Exports and others, 1997, 26 CLC (HCD)
..... Abdul Wadud Mallick. But the law specified the authority of DIT in the matter of dealing with such subject and ultimately the High Court declared the impugned order illegal and without jurisdiction holding that the DIT had not exercised its independent legal authority, rather being directed by the......ick, 20 DLR (SC) 229; Commissioner of Police Bombay Vs. Gordhandas Bhanji, AIR 1952 (SC) 16; Gouranga Mohan Shikder Vs. Controller of Imports and Exports, 19 DLR 719; Sugni Chand Dayaram Jalwani Vs. Government of Pakistan, 13 DLR (SC) 233; East Exports Vs. Chief Controller of Imports and Exports, 17..Category: Civil Law | Date: | Hits: 140
Motiur Rahman Bahadur Vs. Hemanta Kumar Shill, 2010, 39 CLC (HCD)
....dismissed. 12. Learned Subordinate Judge upon trial found the defendant No.2 to have inherited the land from her husband thus posted with limited interest in the suit land. She as a limited heir holding life-estate is not competent to sell the land except for legal necessity. Major part of the ...... her family she collected money by mortgaging portions of the land. She plunged into debt after performing funeral, shradhya ceremony and other rituals conduce to the bliss of her husband's soul. Moreover, for meeting the expenses of her family, medical treatment, payment of rent etc., she had to se..Category: Property Law | Date: | Hits: 107
Rafiqul Alam (Md.) Vs. Md. Abdul Awal & others, 2010, 39 CLC (HCD)
....as to why he should not be dismissed from service and file a written objection on or before 17-10-1993. The plaintiff submitted his reply stating that the enquiry was not held properly and prayed for holding the enquiry headed by a Magistrate. But the Managing Committee, without considering the pray......trate. But the Managing Committee, without considering the prayer of the plaintiff, informed him by letter dated 31-10-1993 that he was dismissed from service on 21-10-1993 as per Rule 11 of the Non-Government Teachers' Service Rules, 1979 (shortly, the Rules). The plaintiff did not commit any offen..Category: Civil Law | Date: | Hits: 144
Aysha Begum and others Vs. Mozibur Rahman, 2010, 39 CLC (HCD)
....umstance that might have offered grounds for such appointment to run the pump free from chaos. Furthermore, no principle is decided in this case as the Appellate Division dismissed the leave petition holding that the High Court Division's order was not passed inequitably and in violation of law. Thi......n the schedule i.e. Gani Residential Hotel is run by defendant No.10 through an agent. Defendant No.1 has deprived the plaintiff of an amount Tk. 40,000 payable to him as his share of rental realized over ten months from the lessee of that hotel. 3. The written objections filed by the appellants ..Category: Civil Law | Date: | Hits: 126
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