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Abdul Mannan Shah & others Vs. Kafiran Nessa being dead her heirs: Md. Abdul Gofur Shah and others, 1992, 21 CLC (HCD)

....y order as to cost. The connected Civil Rule No.1477 (R) 1990 is also discharged without any order as to cost. Ed. This Case is also Reported in: 46 DLR (HCD) (1994) 103.   ......was not complied with and as such the registration of the impugned deed suffers from illegality. 10. It is settled law that when any deed is being executed by pardanashin lady burden lies on the person who claims the benefit under the deed to establish that the deed was executed by pardanashin ..

Category: Evidence Law | Date: | Hits: 7

Shamsun Nahar Begum on behalf of the detenu Khalequzzaman Vs. Bangladesh & others, 1977, 6 CLC (HCD)

....at was rendered by Mr. S. S. Halder and Mr. AnwarulHuq Chowdhury in this case. Abdul Matin Khan Chowdhury J.—I agree. Ed. This Case is also Reported in: 30 DLR (HCD) (1978) 33. ......s meted in the case of Rameshwar Shah Vs. District Magistrate, Bardawan, A.I.R. 1964 (SC) 3341. The Indian Supreme Court opined that the question whether an order of detention can be passed against a person who is in detention or in jail will always have to be determined in the circumstances of each..

Category: Criminal Law | Date: | Hits: 1

Adhir Das Vs. Arati Rani Das and others, 2006, 35 CLC (HCD)

....hs from the date of receipt of the lower Court record. There is no order as to costs. Send down the lower Court record at once. Ed. This Case is also Reported in: 27 BLD (HCD) (2007) 53. ......fendant-petitioner obtained the instant Rule from this Court. 9. Mr. Abul Kalam Mainuddin, the learned Advocate appearing on behalf of the petitioner, submits that defendant No.1 is a retired Army person and that he has no means to maintain the plaintiffs. He further submits that plaintiff No.2 i..

Category: Procedural Law | Date: | Hits: 31

Md. Moshiur Rahman Khan Vs. Government of the People's Republic of Bangladesh, 2010, 39 CLC (HCD)

....ew of the above discussions and reasoning we do not find any merit in this Rule. Accordingly, the Rule is discharged without Cost. Ed. This Case is also Reported in: 30 BLD (HCD) (2010) 284. ......aid election on 20.07.2009 fixing 10.10.09 for election of Executive Committee Members in the first phase and fixed 26.08.2009 for filing objection against preliminary voter list. On 25.08.2009 seven persons filed objection against the preliminary voters list. The objection and the prayer was reject..

Category: Business or Commercial Law | Date: | Hits: 72

Joynal Abedin Vs. State, 2011, 40 CLC (HCD)

....not be exercised to quash the Judgment. The Rule fails. In the result, the Rule is discharged. Let the LCR sent down immediately. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 393. ...... men namely constable Salim, constable Abdul Aziz, battalion Ansar Abdul Karim and other force went there and surrounded the room No.1 of Yakub colony and caught the accused Joynal Abedin and other 3 persons and searched their body in presence of local witnesses and recovered one country made fire a..

Category: Criminal Law | Date: | Hits: 36

Md. Arif Hossain and others Vs. Bangladesh, 2009, 38 CLC (HCD)

....es concern preferably within 3 (three) months from the date of receipt of this Judgment and order. Communicate the order at once. Ed. This Case is also Reported in: 30 BLD (HCD) (2010) 212. ......Sanatannessa Bewa Vs. Haipatullah Sarkar & others reported in 41 DLR (AD) 105. 15. He further submits that since the petitioners have no interest over the case property, they are not aggrieved person according to Article 102 of the Constitution and as such they can not file an application for..

Category: Procedural Law | Date: | Hits: 24

Bangladesh Environmental Lawyers Association (BELA) Vs. Government of Bangladesh and others, 2010, 39 CLC (HCD)

.... system of the concerned area intact and that no other Ministry shall have any say in this regard. There is no order as to costs. Ed. This Case is also Reported in: 30 BLD (HCD) (2010) 185. ...... activities originating from both public and private affairs. The primary causes and sources of environmental degradation are the unregulated operations of commercial activities by a few unscrupulous persons/entities at the cost of our precious and irreplaceable ecosystems and natural resources. In ..

Category: Environmental Law | Date: | Hits: 362

Dinesh Bhandu Sen Gupta and another Vs. State and another, 2006, 35 CLC (HCD)

....trial. The order of stay granted at the time of issuance of the Rule by this Court stands vacated. Communicate this order at once. Ed. This Case is also Reported in: 13 MLR (HCD) (2008) 270. ......earned Advocate takes us through the order dated 23.11.2004 passed by the Sessions Judge, Comilla and submits that the order itself shows the accused petitioners appeared before the Sessions Judge in person and placing order of anticipatory bail as granted by this Court (Annexure-E-1) to the petitio..

Category: Criminal Law | Date: | Hits: 18

Md. Maksudur Rahman @ Masud and others Vs. State, 2007, 36 CLC (HCD)

....r of stay stands vacated. Communicate the order to the Court below to proceed with the case expeditiously in accordance with law. Ed. This Case is also Reported in: 13 MLR (HCD) (2008) 261. ......alleged is disclosed or not. In such cases it would be legitimate for the High Court to hold that it would be manifestly unjust to allow process of the criminal Court to be issued against the accused person. But weighing evidence of a case pending before a trial Court and inference therefrom is the ..

Category: Criminal Law | Date: | Hits: 24

Moinuddin & others Vs. State, 2007, 36 CLC (HCD)

....ttal, he is now discharged from his bail bond. Let a copy of the Judgment along with the Lower Court's record be sent down at once. Ed. This Case is also Reported in: 13 BLC (HCD) (2008) 67. ......urrence. It has been further alle­ged that at the time of going to Thana (Police Station) he (informant) came to know that the miscreants also shot at Abdul Hoque member by gun causing injury on his person and there­after, when he reached nearby the house of Shamser Chairman, he further heard a so..

Category: Criminal Law | Date: | Hits: 24

Engineer Shaikh Rubaiyet Islam Vs. Bangladesh & others, 2010, 39 CLC (HCD)

....e result, the writ petition fails on the ground of incompetency. Accordingly the rule is discharged without any order as to costs. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 447. ......kha Engineers and Construction Ltd. The said company is a juristic per­son, who can sue or be sued in its name. But the present writ petition has not been filed by the said company, rather a natural person in his individual capacity, who has no cause of action, has filed the present writ petition a..

Category: Alternative Dispute Resolution | Date: | Hits: 96

Md. Rafiqullah & another Vs. State, 1986, 15 CLC (HCD)

....alled for u/s. 561A Cr.P.C. by this Court. In the result the application is summarily rejected. Md. Abdul Jalil, J.- I agree. Ed. This Case is also Reported in: 38 DLR (HCD) (1986) 124. ......ter of the school) in collusion with accused-petitioner Ahmed Ali Lasker (Clerk of the said school) misappropriated an amount of Tk. 1,59,252/- by issuing as many as 400 false vouchers aga­inst fake persons during the period of 1979-1983. On 29.12.83 the Chief Metropolitan Magistrate, Chittagong pa..

Category: Criminal Law | Date: | Hits: 144

Yunus Ali and another Vs. State, 2008, 37 CLC (HCD)

....Tribunal in order to serve out the remaining period of their respective sentence. Send down the LCR with a copy of judgment at once. Ed. This Case is also Reported in: 61 DLR (HCD) (2009) 793. ......panion forces encircled the hotel; that the accused Yunus and Shakwat having entered into room No. 25 of the hotel used to discuss with the constable Matiur Rahman and it was settled that the accused persons will give forged currency notes of Taka 20,000 subject to the payment of Taka 10,000 and the..

Category: Criminal Law | Date: | Hits: 134

Ashek Ali (Md.) and others Vs. Abdul Gaffar & others, 2010, 39 CLC (HCD)

....ordinate Judge, (Arbitration), Dhaka in Title Suit No.73 of 1997 is hereby set aside. Send down the lower Court's record at once. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 384. ......hah reported in 7 DLR (FC) 70. The learned Counsel for the respondents has also referred to section 43 of the Transfer of Property Act to substantiate his submissions that transfer by an unauthorized person but subsequently acquired interest in his favour can also enter into a contract for sale as i..

Category: Civil Law | Date: | Hits: 133

Sree Samir Kumar Nath and Others Vs. Government of the People’s Republic of Bangladesh and another, 2012, 41 CLC (HCD)

....above observations, however, without any order as to cost. The order of status quo granted earlier is vacated. Send down the lower Courts’ records. Ed. This Case is also Reported in:  ...... and circumstances M H Rahman, J while speaking on behalf of the Court held: “In a simple suit for permanent injunction with regard to a disputed landed property, the relief is available to a person who is in possession. The Court may enquire incidentally into the respective claims of the pa..

Category: Property Law | Date: | Hits: 57

Arif Hossain (Md.) and others, 2009, 38 CLC (HCD)

.... concerned preferably within 3 (three) months from the date of receipt of this Judgment and Order. Communicate the Order at once. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 378. ......he case of Sanatannessa Bewa Vs. Haipatullah Sarkar reported in 41 DLR (AD) 105. 15. He further submits that since the petition­ers have no interest over the case property, they are not aggrieved person according to Article 102 of the Constitution and, as such, they cannot file an appli­cation ..

Category: Property Law | Date: | Hits: 66

Tropical Homes Limited Vs. Registrar of Joint Stock Companies, 1986, 15 CLC (HCD)

....ibute a sum of Taka 5000.00 to Sir Salimullah Muslim Orphanage, Dhaka and to produce the receipt showing payment thereof to the Court. Ed. This Case is also Reported in:48 DLR (HCD) (1996) 576. ......company was incorporated only about three months ago and it has not been fully operational. He contends, unless the paid up capital is rightly shown in the Memorandum and Articles of Association, any person dealing with the company may be a victim of mis‑representation. 9. The petitioner compan..

Category: Company Law | Date: | Hits: 74

Awlad Hossain Vs. Bangladesh Shilpa Bank (BSB), Maijdi Branch, Noakhali and others, 2010, 39 CLC (HCD)

....on granted by this Court in C. Rule No.613 (P.M.5/2003 stands vacated. Communicate this Judgment to the Adalat concerned at once. Ed. This Case is also Reported in: 17 MLR (HCD) (2012) 444. ...... just, correct and proper. Mr. Nur, referring to the provisions of Order XXI, rule 84 of the Code of Civil Procedure submits that rule 84 clearly provides that on every sale of immovable property the person declared to be the purchaser shall pay immediately after such declaration to deposit of 25% o..

Category: Civil Law | Date: | Hits: 145

Abdur Rahim and 6 others Vs. Government of Bangladesh and others, 1996, 25 CLC (HCD)

.... laws and rules applicable to the teachers and staff of the nationalised colleges of Bangladesh. There will be no order as to cost. Ed. This Case is also Reported in:48 DLR (HCD) (1996) 538. ...... means to enjoy the protection of the law, and to be treated in accordance with law, and only in accordance with law, is the inalienable right of every citizen, wherever he may be, and of every other person for the time being within Bangladesh, and in particular no action detrimental to the life, li..

Category: Employment/Service Law | Date: | Hits: 72

Sonali Bank Limited Vs. Syed Shakhawat Hossain and others, 2011, 40 CLC (HCD)

....e, preferably within 60 (sixty) working days of receiving the Judgment and Order of this Division. Communicate the orders at once. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 22. ......he trial Court ought to have found that the alleged possession was wholly illegal and that the plaintiffs were trespassers in the suit proper­ties and that possession of a trespasser or of any other person instrumental to the trespassers can not get any protection in the manner as has been given by..

Category: Administrative Law | Date: | Hits: 212