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12. Mr. Abdur Rashid submits that it is no doubt in exercise of Section 3 of the Ordinance that a property can be acquired if it appears to the Deputy Commissioner that any property in any locality "is needed or is likely to be needed for any public purpose", but in the notice under Secti....... The respondent No.3, Sub-Divisional Co-operative Multipurpose Society, Ltd., Kishoregonj look monthly lease of the said premises and started cloth business therein. The respondent No.3 is a private body engaged in profit earning businesses. It has many buildings at Kishoregonj which have been let ..
Category: Property Law | Date: | Hits: 116
Kamruzzaman Khan Vs. Shahidul Alam Khan and others, 1998, 27 CLC (HCD)
....llenged the validity of the notice issued under section 106 of the Transfer of Property Act, Section 106 of the Transfer of Property Act runs as follows: “106. In the absence of a contract or local law or usage to the contrary, a lease of immovable property for agricultural or manufacturing ......t Court and SCC Judge, Faridpur in SCC Suit No.1 of 1995 are hereby set aside. Send down the lower Court records at once. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 393. ..Category: Property Law | Date: | Hits: 101
Saiful Islam alias Japannya Vs. State, 2010, 39 CLC (HCD)
....s imprisonment, if he is not wanted in connection with any other criminal case. Send down the lower Court’s record. Mohammad Marzi-ul-Huq J.- I agree. Ed. This Case is also Reported in: ...... doctor declared him dead. Thereafter, they went to Ramu Police Station and lodged the ejahar. After lodgment of the ejahar, police prepared an inquest report, where the informant identified the dead body. The police also seized the blood stained wearing apparels of the victim, prepared a seizure li..Category: Criminal Law | Date: | Hits: 102
....on papers, 25.2.90 for withdrawal of the candidature and the election has been announced to be held on any day in between 13.3.90 and 24.3.90. In response to the popular demand from the people of his locality, the petitioner decided to contest for the office of the Chairman of Rajapur Upazila Parish......in further submits, that Article 27 of the Constitution forbids class legislation and the impugned disqualification, being directed against a distinct class of people, that is, members of a local body, has created an irrational inter se discrimination, is violative of the said equality clause ..
Category: Election Law | Date: | Hits: 391
Sonali Bank Vs. Abidur Rahman, 1990, 19 CLC (HCD)
....ognizable by Civil Courts. Both the Courts have been put at par under section 18 though under section 13 of the Act the territorial jurisdiction of a Subordinate Judge may be limited to a part of the local limits of the jurisdiction of a District Court. 5. Mr. Asrarul Hossain referred to a noti....... The rule is, accordingly, discharged without any order as to costs. Communicate this order to the District Judge, Dhaka, at once. Ed. This Case is also reported in: 42 DLR (HD) (1990) 311...Category: Procedural Law | Date: | Hits: 168
Abdus Samad Miah and another Vs. Bangladesh Government & others, 2010, 39 CLC (HCD)
....Ministry of Finance issued Memo No. অস/অধি(বাস্ত-২)/বেতন বৈষম্য/শিক্ষা-১/২০০৯/৭৮ dated 13-4-2009 rejecting their claim as being not local and lawful. The pay scale of Auditor and Superintendent Ministry of Land was upgraded as per t......scussion we are of the view that writ petition is not maintainable. In the result, the rule is discharged with no order as to costs. Ed. This Case is also Reported in: 62 DLR (HCD) (2010) 458...Category: Administrative Law | Date: | Hits: 421
Golam Beg Vs. Hajera Begum, 2010, 39 CLC (HCD)
.... written statement if the plaint is amended. Send down the LCR along with copies of this Judgment to the Courts below immediately. Ed. This Case is also Reported in: 62 DLR (HCD) (2010) 452. ......ian No.222, Exhibit Ga which shows that the land of this Khatian belonged to Ismail Beg and Abdul Beg. 9. It may be mentioned that no statements about CS as well as SA record have been made in the body of the plaint. The genealogy of the CS recorded to Rants has not been mentioned in the plaint. ..Category: Property Law | Date: | Hits: 103
Tarique Rahman Vs. Government of Bangladesh and others, 2010, 39 CLC (HCD)
....y, the Rule is discharged without any order as to costs. The trial Court is directed to proceed with the case in accordance with law. Ed. This Case is also Reported in: 62 DLR (HCD) (2010) 524. ......t countries like Canada, India, Iran, Pakistan, Sweden, South Africa and USA. 11. Mr. Rafique-ul Huq, learned Advocate for the petitioner relies upon a few decisions which we shall consider in the body of the Judgment. 12. Mr. Mahbubey Alam, learned Attorney-General appearing on behalf of resp..Category: Criminal Law | Date: | Hits: 112
Md. Rafiqul Islam alias Rafique Vs. State, 2011, 40 CLC (HCD)
....e (father) had asked for water and after having water, he died. In cross examination P.W.2 stated that his father had died before they could call the doctor. He (P.W.2) informed the occurrence to the local police station in his own hand writing. The appellant’s father Mohammad Ali was cousin broth......993 with Fatullah Police Station, Narayanganj. In response thereto, a Sub-Inspector of police named S. M. Shahidul Islam visited the area of occurrence, inquired into the allegation and sent the dead body to Narayanganj General Hospital Morgue for holding post-mortem. The police also arrested the ap..Category: Criminal Law | Date: | Hits: 101
....t, Dhaka in Title suit No.83 of 2007 rejecting the plaint of the suit is maintained and upheld.
Send down the lower Court records.
Ed.
This Case is also Reported in: 63 DLR (HCD) (2011) 359.
...... Specific Relief Act, an action for restoration of the dismissed employee to its former office is not maintainable in law.
It conceives a private individual serving another private individual or body for mutual private benefits and the relationship does not involve any element other than the co..
Category: Employment/Service Law | Date: | Hits: 175
Anwar Ali Vs. State, 1987, 16 CLC (HCD)
.... Directors of M/S. Decent Oil Mills Ltd., Pabna applied for loan to the then Industrial Development Bank of Pakistan (now Bangladesh Shilpa Bank) for a loan in foreign exchange (Deutsche Marks) and local currency and the then Industrial Development Bank (now Bangladesh Shilpa Bank) sanctioned D.......ublic authorities." In the said article 152(1) of the Constitution the expression "statutory public authority" has been given a wide connotation defining it to "mean any authority, corporation or body the activities or principal activities of which are authorised by any act, ordinance, order or ..Category: Criminal Law | Date: | Hits: 108
Jalaluddin Vs. Bangladesh, 1989, 18 CLC (HCD)
....cipality." Clauses (12), (20), (26) and (30) of section 2 of the Union Parishads Ordinance, 1983 run as follows:— "(12) "municipal body" means a body constituted under any law relating to local government in-urban areas, but does not include Cantonment Board; (20) "rural area" means......area shall, from a date to be specified, cease to be a municipality." Clauses (12), (20), (26) and (30) of section 2 of the Union Parishads Ordinance, 1983 run as follows:— "(12) "municipal body" means a body constituted under any law relating to local government in-urban areas, but does..Category: Property Law | Date: | Hits: 108
Soleman & Others Vs. State, 1989, 18 CLC (HCD)
.... P.W.1 has stated in her deposition that on Saturday at about 10 in the morning some small children informed her that a dead body was seen floating in the bed of river Khoai. People of surrounding, locality assembled there and recovered the dead body which was identified by P.W.1 as her son, Akal ......layed at Keram there for some time and thereafter he went away. Soleman told her that he accompanied Akal Miah upto the bank of the river Khoai. On the following day, namely on Saturday, the dead body of Akal Miah was found floating in the river Khoai with multiple injuries on his person. It is ..Category: Criminal Law | Date: | Hits: 141
Abdul Latif & another Vs. Attar Ali, 1989, 18 CLC (HCD)
....appeal below occasioning any failure of justice, no interference is called for. The rule is discharged without any order as to costs. Ed. This Case is also Reported in: 42 DLR (HD) (1990) 115........" In his statement P.W.1 stated that they have been using the pathway from time of their forefathers. No one even obstructed them in their use of the pathway. They never took permission of anybody in exercising their right of pathway. The pathway was the only passage to come out and enter ..Category: Civil Law | Date: | Hits: 152
Emdadul Hoque Miah Vs. People's Republic of Bangladesh, 1989, 18 CLC (HCD)
....ted 17.10.87 is illegal and has been made without any lawful authority and is of no legal effect. There will be no order as to cost. Ed. This Case is also Reported in: 42 DLR (HD) (1990) 110.......ted 17.10.87 is illegal and has been made without any lawful authority and is of no legal effect. There will be no order as to cost. Ed. This Case is also Reported in: 42 DLR (HD) (1990) 110...Category: Others | Date: | Hits: 175
Jalaluddin Vs. Mrs. Bilkis Rahman & State, 1989, 18 CLC (HCD)
....rict Magistrate, or any Sub-Divisional Magistrate empowered by the Govt. in this behalf, may call for and examine the record of any proceeding before any inferior Criminal Court situate within the local limits of its or his jurisdiction for the purpose of satisfying itself or himself as to .the......rthwith from illegal custody if not wanted in any other case. The suo motu Rule being Criminal Revision No.32 of 1988 is discharged. Ed. This Case is also Reported in: 42 DLR (HD) (1990) 107. ..Category: Criminal Law | Date: | Hits: 101
Rahmatullah Vs. State and another, 1995, 24 CLC (HCD)
.... on 16.4.93 accused-petitioner as informant lodged First Information Report with Tungibari Police Station against 33 accused persons alleging that over election of two teachers representatives of a local High School there was a tension prevailing in the area on way back home on the aforesaid date ......ed Advocate appearing on behalf of the opposite party No.2, on the other hand, submits that these petitions filed by the petitioner are incompetent as he is hot aggrieved by the impugned order. If anybody is aggrieved it is the State who is aggrieved but the State is not coming with any petition bef..Category: Criminal Law | Date: | Hits: 99
State Vs. Lokman Miah, 1995, 24 CLC (HCD)
....bank and rang the alarm bell and fired blankshots. Many people hearing the sound of gunshot arrived at the place of occurrence and he narrated the story to those persons who were present. There after local people and police arrested him and kept him under custody at the varandah. It is stated by the......st Information Report police started investigation into the cast and examined the witnesses under section 161 CrPC. Police had already made inquest report of the deceased Humayun Kabir, sent the dead body to the morgue for post mortem examination. Police also arrested Jahangir Hossain who was caug..Category: Criminal Law | Date: | Hits: 73
Syed Nazakat Hossain alias Ujjal Vs. State, 1995, 24 CLC (HCD)
....essions Judge, Dhaka, and on trial was sentenced to imprisonment for life and to pay fine. 2. At 2‑30 AM following 27.3.91 when said deceased along with his 8 or 10 friends were patrolling their locality he was hit at his back with a bullet shot by an unknown assailant. Immediately, thereafter ......r‑e‑Alam alias Ripon and P.W.1 Anwar Hossain alias Jewel were the members of the patrol party which included the victim. P.W.3 Abdul Haim sarkar is the police officer who held inquest on the dead body. P.W.6 KM Shahjahan is the police officer who filled up the First Information Report form. P.W...Category: Criminal Law | Date: | Hits: 88
Abdus Samad Azad and others Vs. Bangladesh and others, 1992, 21 CLC (HCD)
....t ballot was resorted to. Likewise, in ancient India, we had both the methods prevailing‑There is nothing in our Constitution which makes voting by secret ballot compulsory for elections to all the local bodies." 31. In that case under report, it has also been observed that if it election ma...... which is the basis of all free elections and is democratic in nature but in the instant case as it is argued before the other Bench and repeated here also that this fear of being exposed because somebody would be watching over the voter's shoulder as to in whose favour one is casting his vote, woul..Category: Constitutional Law | Date: | Hits: 414
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