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Shamsul Huq Chowdhury Vs. Justice Md. Abdur Rouf & others, 1995, 24 CLC (HCD)
....adesh a Rule Nisi was issued by this Court upon the respondents to show cause as to why and under what authority respondent No.1 has been sitting as a Judge of the Supreme Court of Bangladesh and now holding the office of a Judge of the Appellate Division of the Supreme Court. The matter is of great...... the Supreme Court after having held the office of he Chief Election Commissioner the authority of the Respondent No.1 for holding the office of the Judge of the Appellate Division has triggered controversy and has been challenged by way of writ in the nature of quo‑warrnto. 8. Mr. Amir-ul lsla..Category: Constitutional Law | Date: | Hits: 353
....as been wrongly filed in the Artha Rin Adalat instead of filing it before the ordinary Civil Court. The Adalat then on hearing both the sides by order dated 17-8-97 rejected the petitioner’s prayer holding that as the plaintiff is a registered Co-operative Credit Society there is no bar in proceed......is sufficient to attract the power of superintendency conferred on the High Court. Besides Article 109 of the Constitution provides that the High Court Division shall have superintendence and control over all Courts subordinate to it and Article 114 provides that there shall be in addition to the Su..
Category: Civil Law | Date: | Hits: 135
Hifzur Rahman and 2 others Vs. State, 1995, 24 CLC (HCD)
.... in the charge sheet. The learned Advocate submits that in the present case no preliminary inquiry was conducted by the Magistrate nor caused it to be done by any other person. According to Mr. Khan, holding of preliminary inquiry is a must before taking cognizance in a case of such nature. 4. Mr......ing the same tied up with RCC pillars. The Inquiry Officer then arrested accused Abul Kashem and Chiranjib Roy and they confessed their guilt and on the basis of their confession the dead body was recovered at their showing in presence of witnesses. Thereafter the said SI Abdul Jalil lodged the Firs..Category: Criminal Law | Date: | Hits: 102
Saiful Islam Dilder Vs. Government of Bangladesh and others, 1998, 27 CLC (HCD)
.... Court Division that he is a person aggrieved as contemplated under Article 102(1) of the Constitution of People’s Republic of Bangladesh. The High Court Division, however, negatived his contention holding that he is not a ‘person aggrieved’ and summarily rejected the writ petition. The petiti......HCD) (1998) 318. ..Category: Constitutional Law | Date: | Hits: 421
.... land and building has been transferred by registered kabalas dated 24-3-78 and 19-9-78 and thereby his title to the case land has been extinguished and the petitioner is no longer a co-sharer in the holding. It has also been contended that this petitioner became major at the time of execution of th......bmits that the petitioner-respondent filed this miscellaneous case for pre-emption of five kabalas of different dates and when the petitioner-respondent sought to pre-empt the case land and building covered by these five kabalas he ought to have filed separate cases. He submits that the present case..
Category: Property Law | Date: | Hits: 113
Samir Ali (Md.) and others Vs. Md. Atiar Rahman Dafadar and others, 1996, 25 CLC (HCD)
....on was duly delivered and the gifted properties were mutated in the name of the donees. 5. The learned trial Court on consideration of the evidence and other materials on record dismissed the suit holding that the gifts were properly made, accepted and duly acted upon. The trial Court further fou......ibed in the schedule to the plaint and for confirmation of possession thereof, together with permanent injunction restraining the defendants from interfering into the plaintiff's title and possession over the suit land. 3. Admittedly the suit land originally belonged to one Ebad Ali Sardar who ha..Category: Property Law | Date: | Hits: 85
....efore the Government for decision. This is the only provisions we find in the whole Manual of the Legal Remembrancer.
12. Learned Deputy Attorney-General submits that the Government Pleader is not holding an office of profit in the service of the Republic. He has referred to the case of Kazi Abdu......ul Matin J
Kazi Mokhlesur Rahman……………………………………………………………………Petitioner
Vs.
Secretary, Ministry of Law, Justice and Parliamentary Affairs, Government of the People's Republic of Bangladesh and others…………………………………..
Category: Others | Date: | Hits: 212
Shahriar Rashid Khan and another Vs. Bangladesh, 1997, 26 CLC (HCD)
.... Shahriar Rashid Khan and Colonel (Retd.) Faruqur Rahman two writ petitions, namely, Writ Petition Nos.4297 of 1996 and 4334 of 1996 were moved before this Court, but the same were summarily rejected holding that the petitioners in those two writ petitions had no locus standi to file the writ petiti......(All.) 684; P. Jinardhana Shetty Vs. Union of India, AIR 1970 (Mysore) 171; Tikarao Vs. Hiralal, AIR 1940 (Pat.), 385 (FB); Blyth Vs. Blyth and Pngh, 1965 (2) AER, 817; 11 DLR (SC)1; Asma Jilani Vs. Government of Punjab. PLD 1972 (SC) 139; Khondker Ehtesham Uddin Ahmed Iqbal Vs. Bangladesh, 33 DLR (..Category: Criminal Law | Date: | Hits: 202
Habibur Rahman Mondal (Md.) and others Vs. State and another, 2010, 39 CLC (HCD)
....er submits that section 4 of the Durnity Daman Commission Bidhimala, 2007, is a mandatory provision to send the first information report to the Anti-Corruption Commission within 2 days of receipt for holding investigation and do the needful. But the police Officer-in-Charge of Gaibandha Police Stati......The words “মামলা দায়েরের ক্ষেত্রে” does not mean initiation of a criminal case by lodging first information report which is an absurd proposition. Moreover, it is clear from the last sentence of the aforesaid provision of law that sanction is necess..Category: Criminal Law | Date: | Hits: 101
Shahajada Talukder Vs. Election Commissioner and others, 2003, 32 CLC (HCD)
.... 1978 SC 851 the election disputes were in respect of election of Members of the Parliament of India and in 41 DLR (AD) 68 and 42 DLR (AD) 137 the Appellate Division relied on the above decisions for holding that writ jurisdiction cannot be invoked in such election dispute even of Union Parishad e...... to- AFM Shah Alam Vs. Mujibul Huq, 41 DLR (AD) 68; Rafiqul Alam Vs. Mustafa Kamal, 42 DLR (AD) 137; Ponnu Swam'si Case AIR 1952 SC 64 and Monindar Sing's case AIR 1978 SC 851; Ram Chandra Vs. Government of west Pakistan, AIR 1964 Cal 265, 272; Webb Vs. Minister of Housing and Local Governme..Category: Election Law | Date: | Hits: 211
....e society which could be referable to the Registrar, therefore, the suit is not barred under section 86 read with section 133 of the Ordinance, 1984. The plaintiff has challenged the very validity of holding the election and the formation of the executive committee under that election. If the defend...... An order of Customs official under this section was appealable to the Collector of Customs or any other officer higher in rank and the appellate order was made final, subject to any revision by the Government. In that case the plaintiff feeling aggrieved by an order of assessment made by the Assist..
Category: Procedural Law | Date: | Hits: 124
Abdul Goni Kha Vs. Md. Abdul Aziz Azizur Rahman and others, 1996, 25 CLC (HCD)
....laintiff is not a signatory to the alleged deed of reconveyance and that the alleged executants the defendant Nos.1 and 2 had no interest in the suit and the court of appeal below erred in law in not holding that the transaction is an out and out sale inasmuch as, even if the same is a complete usuf......t signatory to the agreement of reconveyance. Even the transaction is deemed to be a complete usufructuary mortgage for a period not exceeding seven years but it was stipulated in the said agreement covering the period for 12 years from 6‑5‑60 and 30‑6‑60 for reconveyance of the land in ques..Category: Property Law | Date: | Hits: 114
Talebur Rahman alias Taleb and 2 others Vs. State, 1994, 23 CLC (HCD)
....n of the charge sheet they were placed on trial before the Special Tribunal Judge, Court No.17, Dhaka in Special Tribunal Case No.389 of 1992. In the First Information Report it was stated that while holding investigation in Gulshan PS Case No.9 (1) 92 under sections 395/397 Penal Code the police ar......s to another accused-appellant Abdul Matin of Pirerbagh. The police arrested Abdul Matin from Pirerbagh and on the statement made by the accused-appellant one SMG with magazine and ammunition were recovered from inside the travel bag from under a chowki inside a grocery shop at 71/1 Madhya Pirerbagh..Category: Criminal Law | Date: | Hits: 74
Mohammadullah and others Vs. Md. Shamsul Alam alias Md. Alam, 2002, 31 CLC (HCD)
.... ex parte decree and restored the suit to its file and number. 5. Mr. Mahmudul Islam, learned Advocate appearing in both the Rules for the petitioners, submits that the court below was in error in holding that since the service of summons by the process server was not proved, it did not matter wh......vidence on record, both oral and documentary, disbelieved the testimony of the process server and came to the definite finding that the report of the process server could not be believed as there was overwriting on the service of, and that although the suit was filed on 13‑11‑1991, yet the proce..Category: Procedural Law | Date: | Hits: 100
Mokbul Hossain and another Vs. State, 2003, 32 CLC (HCD)
....er acted for all absent accused at the trial. 4. Prosecution examined at the trial 9 P.Ws. out of 16 CS witnesses—P.W.1 informant Saidul Islam P.W.2 Dr. ATM Humayun who submitted PM report after holding PM examination on the dead body of deceased Azizul Islam P.W.3 Abul Hossain, P.W.4 Siddiqur ......ked at the trial due to non-examination of investigation officer or any police officer in such regard. He refers to Exhibit 2 and evidence of P.W.2 doctor and contends that manner of occurrence as to overt act of accused-appellants causing injuries to victim Azizul Islam, evidence of P.W.1 and other..Category: Criminal Law | Date: | Hits: 103
Jalil and another Vs. Chairman, Court of Settlement and another, 1991, 20 CLC (HCD)
....been amply rebutted. 17. Hence we hold that the learned Court of Settlement acted w4hout lawful authority in dismissing the application of the petitioners ad affirming the entry of the disputed holding in the Gazette Notification published as correct. 18. In the result, the rule is made ......ioner No. 2 was born on 5.2.53 at Dhaka. The house property No. 6A/8, Block F, Joint Quarter, Mohammadpur was allotted to the said Alimunnessa alias Aliman, the mother of the petitioners by the then Government of East Pakistan vide letter No. 585 AO dated 16.6.62 and thereafter, a lease deed was exe..Category: Property Law | Date: | Hits: 90
Commissioner of Taxes, Dhaka Vs. MA Hossain & Co., 1992, 21 CLC (HCD)
....nance, 1984 read with section 66 of the Income‑Tax Act, 1922 the applicant preferred the following question of law for our decision: ‘‘Whether the Taxes Appellate Tribunal is justified in holding that the appeals are time barred counting the period of limitation of 60 lays from 15.1.86, ......cting the appeal on the ground of limitation we answer the question in the negative. The parties are to bear their own costs. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 282...Category: Procedural Law | Date: | Hits: 103
Abdul Khaleque Vs. Court of Settlement and others, 1991, 20 CLC (HCD)
....Memo. No. 62 Imn/V dated 15.1.1984 (Annexure M) of the Ministry of Home Affairs (respondent No.3) refusing confirmation of the petitioner as a citizen of Bangladesh and enlistment of the petitioner's holding No.2‑H/6‑14, Mirpur Housing Estate, Dhaka in the 'K' list published on September 23, 198...... of Settlement and others ……………………..Respondents. Judgment October 22, 1991. Result: The Rule is made absolute. Case Referred to- Mukhtar Ahmed Vs. Government of Bangladesh and others, 34 DLR 29. Lawyers Involved: MI Farooqui with M Sale..Category: Property Law | Date: | Hits: 90
Ramizuddin and others Vs. Abdul Hamid, 2009, 38 CLC (HCD)
....ation of acquisition made by the government as a consequential relief. 6. The learned Assistant Judge heard the application for rejection of plaint and rejected the plaint by order dated 25-5-1998 holding inter alia that the suit was barred under the provision of section 93 of the Town Improvemen......suit land by paying rent. Thereafter, he sold the suit land along with other lands measuring an area of 0.34 decimals at a consideration of Taka 1500 by a registered kabala dated 12-5-1960 and handed over vacant possession of the land to the purchaser. Since then the plaintiff has been possessing th..Category: Procedural Law | Date: | Hits: 108
Abdul Jalil & other Vs. Islami Bank Bangladesh Ltd. and others, 2011, 40 CLC (AD)
....ng aside the impugned order and allowing the defendants application under Order VII, rule 11 of the Code of Civil Procedure for rejection of plaint by the impugned judgment and order dated 18-11-1999 holding thus: "this is a fit case where the provisions of Order VII, rule 11 of the Code of Civil ......also for further declaration that the defendant No.1 did not acquire any right, title and interest in more than 0.0090 acre of land of CS Plot No.371 and also for directing the defendant No.1 to hand over possession of the 'Ga' schedule land to the plaintiffs within 30 days, in default to pass a dec..Category: Procedural Law | Date: | Hits: 108
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