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Hifzur Rahman and 2 others Vs. State, 1995, 24 CLC (HCD)
....plication. The Rule is accordingly discharged. The order of stay passed earlier is hereby vacated. Send down the record at once. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 325. ...... 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..Category: Criminal Law | Date: | Hits: 102
Saiful Islam Dilder Vs. Government of Bangladesh and others, 1998, 27 CLC (HCD)
.... find any substance in this writ petition. In the result, this writ petition is rejected in limine without any order as to costs. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 318. ...... 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..Category: Constitutional Law | Date: | Hits: 421
....er appreciation of the whole matter let us look into the provision of section 24(1) of the Non-Agricultural Tenancy Act.
“24. (1) If a portion or share of the Non-Agricultural land held by a non-agricultural tenant is transferred, one or more co-sharer tenants of such land may, within four mont...... 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..
Category: Property Law | Date: | Hits: 113
Samir Ali (Md.) and others Vs. Md. Atiar Rahman Dafadar and others, 1996, 25 CLC (HCD)
....Rule. In the result, this Rule is discharged but without any order as to costs. Let the Lower Court’s Records be sent down. Ed. This Case is also Reported in: 49 DLR (HD) (1997) 131. ......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..Category: Property Law | Date: | Hits: 85
....be discharged.
In the result, this Rule is discharged and in the facts and circumstances of the case we pass no order as to cost.
Ed.
This case is also Reported in: 49 DLR (HD) (1997) 126.
......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..
Category: Others | Date: | Hits: 212
Shahriar Rashid Khan and another Vs. Bangladesh, 1997, 26 CLC (HCD)
....the interpretation of several provisions of the Constitution are involved in the instant cases, the certificate prayed for is granted. Ed. This Case is also Reported in: 49 DLR (HD) (1997) 133. ...... 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..Category: Criminal Law | Date: | Hits: 202
Habibur Rahman Mondal (Md.) and others Vs. State and another, 2010, 39 CLC (HCD)
....rk and submit police report as early as possible. Let a copy of the judgment and order be transmitted to the Court below without delay Ed. This Case is also Reported in: 63 DLR (2011) 23. ......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..Category: Criminal Law | Date: | Hits: 101
Shahajada Talukder Vs. Election Commissioner and others, 2003, 32 CLC (HCD)
.... cancelled and the Returning Officer is directed to hold fresh election upon accepting the nomination paper already filed by the petitioner. Ed. This Case is also Reported in: 55 DLR (2003) 420....... 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..Category: Election Law | Date: | Hits: 211
....o substance in this Rule. The Rule is accordingly, discharged without any order as to costs.
Stay granted by this Court stands vacated.
Ed.
This Case is also Reported in: 55 DLR (2003) 409.
......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..
Category: Procedural Law | Date: | Hits: 124
Abdul Goni Kha Vs. Md. Abdul Aziz Azizur Rahman and others, 1996, 25 CLC (HCD)
.... receipt of this order failing possession through the court in execution thereof. Send down the lower Courts record expeditiously. Ed. This Case is also Reported in: 49 DLR (HD) (1997) 172. ......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..Category: Property Law | Date: | Hits: 114
Talebur Rahman alias Taleb and 2 others Vs. State, 1994, 23 CLC (HCD)
....ny other case and the accused appellant Abdul Matin be discharged from his bailbond. Send down the lower Court records immediately. Ed. This Case is also Reported in: 49 DLR (HD) (1997) 167. ......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..Category: Criminal Law | Date: | Hits: 74
Mohammadullah and others Vs. Md. Shamsul Alam alias Md. Alam, 2002, 31 CLC (HCD)
.... the said finding of fact. In the result, these Rules are discharged without any order as to cost. The impugned orders are maintained. Ed. This Case is also Reported in: 55 DLR (2003) 428. ...... 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..Category: Procedural Law | Date: | Hits: 100
Mokbul Hossain and another Vs. State, 2003, 32 CLC (HCD)
....ted of the charge thereunder. Both appellants Mokbul Hossain and Atikul are directed to be set at liberty if not required in any other case. Ed. This Case is also Reported in: 55 DLR (2003) 396. ......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 ..Category: Criminal Law | Date: | Hits: 103
Jalil and another Vs. Chairman, Court of Settlement and another, 1991, 20 CLC (HCD)
....ned property. The respondents are directed to put the petitioners in possession of the said house within 3(three) months from date. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 288.......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 ..Category: Property Law | Date: | Hits: 90
Commissioner of Taxes, Dhaka Vs. MA Hossain & Co., 1992, 21 CLC (HCD)
....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.......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, ..Category: Procedural Law | Date: | Hits: 103
Abdul Khaleque Vs. Court of Settlement and others, 1991, 20 CLC (HCD)
....lawful authority and the same are of no legal effect. In the result, the Rule is made absolute without any order as to costs. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 273.......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..Category: Property Law | Date: | Hits: 90
Ramizuddin and others Vs. Abdul Hamid, 2009, 38 CLC (HCD)
....r as to costs. The impugned Judgment and order passed by the Appellate Court allowing the withdrawal of the suit is, hereby, set aside. Ed. This Case is also Reported in: 62 DLR (HCD) (2010) 434.......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..Category: Procedural Law | Date: | Hits: 108
Abdul Jalil & other Vs. Islami Bank Bangladesh Ltd. and others, 2011, 40 CLC (AD)
....th the impugned judgment of the High Court Division. In the result, the appeal is dismissed on contest without any order as to costs. Ed. This Case is also Reported in: 64 DLR (AD) (2012) 107.......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 ..Category: Procedural Law | Date: | Hits: 108
.... East Pakistan Small Industries Corporation to run the business of the said firm. It has been further stated that Hardeo Glass, Aluminium and Silicate Works were in possession of the said land as Non-agricultural Tenant and carried on business of the said Industrial and Manufacturing concern by buil......ses of the “Mandir” the properties were let-out to one Sree Hardeo Gonesh Narayan Todi wherein he established a factory in the name and style Hardeo Glass, Aluminium, Enamel and Silicate Works at holding Nos. 43/1, 43/2, 43/4 and 1/5, Hatkhola Road. He also used the holdings being holding Nos. 2..
Category: Property Law | Date: | Hits: 85
Monjurur Rahman (Md.) Vs. Dr. Naimur Rahman, 1998, 27 CLC (HCD)
....t, the appeal is dismissed. The Judgment and decree passed by the Court below is upheld. Parties are directed to bear their own cost. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 266. ......tiff has preferred this appeal. 5. Mr. Khandakar Mahabubuddin Ahmed, learned Advocate appearing for the plaintiff- appellant, submits that the learned Subordinate Judge has fallen into an error in holding that the plaintiff did not adduce any oral or documentary evidence to show joint fund or joi..Category: Property Law | Date: | Hits: 109
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