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....lawful authority or in an unlawful manner.
2. Petitioner before us Mrs. Rieta Rahman is the wife of the detenu. It is stated in the application that the detenu is a high ranking Government servant holding the post of Director General, Ministry of Foreign Affairs, Government of Bangladesh. The det......ecial Original Jurisdiction)
Present:
Md. Mozammel Hoque J
Md. Abdul Matin J
Rieta Rahman…………Petitioner
Vs. Bangladesh, represented by the Secretary, Ministry of Home Affairs, Government of People’s Republic of Bangladesh and others……………Respondents
Judgment
N..
Category: Criminal Law | Date: | Hits: 76
....n purported to have been mentioned therein.
5. Mr. SR Karmaker the learned Advocate appearing for the plaintiff-petitioners submits that the learned Court of appeal below seriously erred in law in holding that the suit property is a vested property without any basis at all. The learned Advocate f......ative village Kakabo PS Savar District Dhaka leaving the plain as his only heir to succeed him and since then he has been owning and possessing the suit property peacefully on payment of rent to the Government Acquired Estate. The plaintiffs further case is that while he has been in rightful possess..
Category: Property Law | Date: | Hits: 111
Mokarrom Hossain Daradi Vs. State, 2011, 40 CLC (AD)
....dated 13.03.2011 and as such, the petitioner was not fugitive from law and justice, but the High Court Division has failed to consider such vital aspect of the case and thereby committed error of law holding that the accused-petitioner was absconding and fugitive. 14. Mr. Mamtazuddin Fakir, the l...... the Code of Criminal Procedure filed before the High Court Division, the petitioner stated, inter alia, that the petitioner is a bona fide businessman who was granted lease of 155 acres land by the Government for establishing Fishery Firm and in due process after registration of the deed, the petit..Category: Criminal Law | Date: | Hits: 80
....s established on 07.08.2003. The Officers of University Grants Commission did not inspect outer campuses of the Private Universities because the concerned Universities did not take any initiative for holding such inquiry. The outer campuses of the petitioner were not at all approved by the Governmen......er alia, was that it was established on 07.08.2003, vide Education Ministry's Memo No. সিম/শাঃ ১৪/৮ বেঃ বি-à§/২০০৩/৩৮০, through provisional approval of the Government. After proper enquiry and investigation, the writ-respondents granted provisional approval..
Category: Others | Date: | Hits: 197
Mohamaya Rani Saha Vs. Dr. Ashequr Rahman Khan and others, 2008, 37 CLC (AD)
....aneous Appeal No.38 of 2000 the learned District Judge also disÂmissed the same on ground of limitation. The High Court Division however disposed of the Rule issued in Civil Revision No.3257 of 2003 holding that none can file any pre-emption miscellaneous case against any vested property or land re......ying rent their names were recorded in SA Khatian No.1090 in respect of the lands of Dag Nos.3123, 360 and 4011 and the balance 26 decimal land of Dag No.3123 was recorded in the Khas Khatian of the Government; SA recorded owner Shahjadi Begum sold her land to Dr. Ashequr Rahman in the year 1980; i..Category: Property Law | Date: | Hits: 76
New Dacca Industries Ltd. Vs. Quamrul Huda & others, 1979, 8 CLC (AD)
....tribute of a corpoÂrate personality which is entirely distinct from that of its members, and the property of the Company is distinct from that of its meÂmbers whose only properties are their shareÂholdings. 5. The company, therefore, has all the powers of a legal personality and can, among oth......ween the parties related to the maintainÂability of the application under Article 102. Respondent No.1 claimed that since he was no longer an employee of the company as its shares had vested in the Government, he became a government servant and was, therefore entiÂtled to challenge the order of di..Category: Employment/Service Law | Date: | Hits: 104
Atahar Ali Sarder & others Vs. State, 1978, 7 CLC (AD)
....complying with the provisions of section 145 of the Evidence Act and reliance was placed on certain deciÂsions which will be considered presently. The High Court, however, rejected the contention by holding that the Sessions Judge did not commit any illegality in using the committing Court's statem......cogniÂsed all the accused in the light of kupi lamp but in cross-examination P.W. 1 and 2 sofÂtened their evidence by saying that they could not recognise the accused as their faces and heads were covered with clothes P.W. 5 also stated in cross-examination that he saw the accused from behind and ..Category: Criminal Law | Date: | Hits: 107
Hafizuddin Ahmed and another Vs. Mahbubul Huq and others, 1983, 12 CLC (AD)
....on under sub-section (1) of section 3, no rent-receiver, speciÂfied in such notification shall except as provided in sub section (la), transfer his rights and interests in any estate, taluk, tenure, holding or tenancy, to which such notification relates, by private sale, gift, will, mortgage lease ...... in law in reversing, in a second appeal, the conÂcurrent decision of lower Appellate Court and the Trial Court and ordering remand of the plaintiffs-appellants' suit for declaration of title and recovery of khas possession. 2. This arises from Title Suit No 201 of 1963 of the 3rd Court of Munsi..Category: Property Law | Date: | Hits: 58
Tahera Begum Vs. Farukh Meah, 1982, 11 CLC (AD)
..... Provision had to be made by the President's Order for the purpose of functions of the Local Council and Municipal Committees. Then by Article 3 all the Local Councils were dissolved and the persons holding office as Chairman, Vice-Chairman, etc. ceased to hold office and then clause (c) says that ......ission of the Arbitration Council shall— (a) pay immediately the entire amount of the dower whether promt or deferred, due to the existing wife or wives, which amount if not so paid, shall be recoverable as arrears of land revenue; and (b) on conviction upon complaint be punishable with s..Category: Family Law | Date: | Hits: 166
Abdur Rashid and another Vs. Abdul Barik and another, 1983, 12 CLC (AD)
....fendants had not been served properly, and the High Court Division also arrived at the same findings and on such findings the High Court Division erred in setting aside the trial Court's judgment and holding that indirect or implied knowledge of the institution of the suit is sufficient to maintain ......s No. 28 (Kha) and 28(Kha) and others for declaration that the auction sale of the suit lands held in Money Execution Case No. 233 of 1942 and 44 of 1943 were void, illegal and inoperative and for recovery of possession of the suit land. During the pendency of the suit the original plaintiff Abdul G..Category: Property Law | Date: | Hits: 67
Shafiqur Rahman and others Vs. Nurul Islam ChowÂdhury and others, 1982, 11 CLC (AD)
....haser was not put into possession. The Criminal Revision Case came up for hearing before a Single Judge of the High Court Division, and the learned Judge by his order dated 2-4-81 discharged the rule holding, inter alia, that revision under sub-section (4) of section 439 of the Code of Criminal Proc......in the proceeding. Further, subsequently police reported that there was no apprehenÂsion of breach of peace and that the appeÂllants were in peaceful possession of the land before the receiver took over possession. 3. In compliance with the direction of the Magistrate, the Sub-Divisional Police..Category: Others | Date: | Hits: 135
Abu Saber Aziz Mohammad and others Vs. Government of Bangladesh and others, 1976, 5 CLC (AD)
....rnment would be estopped from asserting that it had no title to the said lands at the time when the settleÂment was granted. The learned Judges, of the High Court Division negatived the said plea on holding that the law of estoppel would not be attracted to the instant case. The appellants having p......ivil) Present: Syed AB Mahmud Hussain CJ Ahsanuddin Chowdhury J Debesh Chandra Bhattacharya J Fazle Munim J Abu Saber Aziz Mohammad and others………………Appellants Vs. Government of Bangladesh and others…………………Respondents Judgment March 25, 1976. ..Category: Property Law | Date: | Hits: 75
Abdul Mannan and others Vs. Kulada Ranjan Mowali and others, 1977, 6 CLC (AD)
....re on behalf of the plaintiffs against the order of abatement made by the learned Subordinate Judge but the learned Judges of the High Court Division affirmed the decision of the Subordinate Judge on holding that the suit had been rightly held to have abated in view of President's Orders No.72, 135 ...... plaintiff's on the basis of a Kabuliyat at a rental of Tk. 75. After the rent receiving interests of the previous landlords had been acquired under the State AcquisiÂtion and Tenancy Act, 1950 the Government has stepped into the shoes of the previous landlords and the plaintiffs have become tenÂa..Category: Property Law | Date: | Hits: 133
Abdul Hannan Vs. Election Tribunal, Cox's Bazar, Chittagong & another, 1979, 8 CLC (AD)
....ound that the secrecy of the election would be jeopardised. Accordingly the High Court Division discharged the Rule. 2. Leave was granted to consider whether the High Court Division was correct in holding that "the Tribunal was perfectly justified in keeping the secrecy of election and was perfec......e is remanded back to the TribuÂnal for disposal of the case in the light of the observations made above. Costs will abide the result. Ed. This Case is also Reported in: 31 DLR (AD) (1979) 191...Category: Election Law | Date: | Hits: 163
Md. Akram Ali Pk. and others Vs. Md. Yasin Ali and others, 2012, 41 CLC (AD)
....er. 15. The contesting defendant challenged the order of amendment in Civil Revision No.98 of 2006 before the District Judge, Bogra. On 07.03.2007, the learned District Judge allowed the revision holding that in the application, it was not clarified as to why the application for amendment was fi......hat the plaintiffs-petitioners shall conduct the suit in representative character for declaration of their easement and customary right on replacing the original prayer for declaration of their title over the suit ponds is also necessary. 4. Respondent Nos.1-13 contested the application by filin..Category: Procedural Law | Date: | Hits: 100
Salahuddin Ahmed Vs. State, 2009, 38 CLC (HCD)
....less cognizance in respect thereof has been taken and process issued". 13. We have also seen reported case of 13 MLR (AD) 155 wherein proceeding for quashment of criminal case has been discouraged holding the view that before hearing under section 241A of the Code of Criminal Procedure, a Crimina......disposal of the Rule are that Mr. Mozammel Haque, Sub-Inspector of Police Shyampur Police Station lodged FIR bringing allegations that on 22-11-2007 he along with other members of the joint forces recovered in all 360 pieces of corrugated tin (Dheutin), which were allotted for distribution as relief..Category: Criminal Law | Date: | Hits: 61
Jahangir Alam Chowdhury (Md.) Vs. Zabun Nahar Chowdhurani and other, 2008, 37 CLC (HCD)
.... in his own name for the suit land and he also submitted the construction plan of his three-storied building before the Feni Municipal Office and also paid municipal taxes in his own name because the holding number was prepared in his name. He also obtained the trade licence from municipal office in...... at BCS examination of Health Cadre and qualified himself and also subsequently passed FCPS in eye. As an eye specialist he earned good reputation at home and abroad. He went to Saudi Arabia through Government and served there for a long time with the satisfaction of the authority by high paid salar..Category: Family Law | Date: | Hits: 167
....g the liabilities the officer concerned may, after giving the claimants an opportunity of being heard, make such enquiries and examine such documents and records as he may deem necessary. The officer holding the enquiry shall have the power to summon and enforce the attendance of witnesses and compe......e without lawful authority and is of no legal effect.
2. The facts as stated in the writ petition are that, the petitioner No. 1 Bangladesh Freedom Fighters' Welfare Trust, was established by the Government of the People's Republic of Bangladesh and the petitioner Nos. 2‑5 are the officers of t..
Category: Property Law | Date: | Hits: 173
National Life Insurance Company Ltd. Vs. Controller of Insurance, 2002, 31 CLC (HCD)
....ectors is impracticable. The petitioner also informed that in the amended Act, 52 and 52A of the Articles of Association would meet the requirement of law and further amendment cannot be made without holding the next general meeting until one year has passed. Even then the respondent insisted for am......€‘3‑1999 by the respondent imposing fine upon the petitioner is declared to have been done without lawful authority and of no legal effect. Ed. This Case is also Reported in: 56 DLR (2004) 624...Category: Business or Commercial Law | Date: | Hits: 271
....er bank on obtaining the final decree, put the same in execution by filing Artha Decree Execution Case No.44 of 1995. The executing Court after observing the necessary formalities fixed 15.3.1998 for holding auction sale of the mortgaged property. At this stage one Abdul Latif and some others filed ......he petitioners case in short is that respondent No.2, Sonali Bank Ltd. as plaintiff instituted Artha Rin Suit No.182 of 1992 in the Artha Rin Adalat, Comilla against the petitioners and others for recovery of loan amounting to Tk.6, 39,608.55 (taka six lac thirty-nine thousand six hundred eight taka..
Category: Civil Law | Date: | Hits: 80
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