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Bashir Kha Vs. State, 1998, 27 CLC (HCD)

....et aside. The petitioner is acquitted of the charge and also discharged from his bail bonds. Send down the lower Court records at once. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 199.......et aside. The petitioner is acquitted of the charge and also discharged from his bail bonds. Send down the lower Court records at once. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 199...

Category: Criminal Law | Date: | Hits: 58

Dayal Chandra Mondal and others Vs. Assistant Custodian of Vested and Non-Resident Properties (L&B) and Additional Deputy Commissioner (Revenue), Dhaka and others, 1997, 26 CLC (HCD)

....e Court of Munsif, Savar in Dhaka is hereby decreed. There shall be no order as to costs. Send down the lower Court records at once. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 186.......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..

Category: Property Law | Date: | Hits: 111

Mokarrom Hossain Daradi Vs. State, 2011, 40 CLC (AD)

....etitioner. Accordingly, the leave petition Nos.257 of 2011, 258 of 2011 and 259 of 20011 are dismissed without any order as to costs. Ed. This Case is also Reported in: 17 MLR (AD) (2012) 197.......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..

Category: Criminal Law | Date: | Hits: 80

University Grants Commission and another Vs. University of Information Technology and Science and another, 2012, 41 CLC (AD)

....ty Grants Commission (respondent No.2)" is stayed for a period of two months from date. Ed. This Case is also Reported in: 17 MLR (AD) (2012) 161; 17 BLC (AD) (2012) 84; 32 BLD (AD) (2012) 169. ......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..

Category: Others | Date: | Hits: 197

Mohamaya Rani Saha Vs. Dr. Ashequr Rahman Khan and others, 2008, 37 CLC (AD)

....s and there is no illegality or infirmity in the above decision so as to call for any interference. All the petitions are dismissed. Ed. This Case is also Reported in: 64 DLR (AD) (2012) 61. ......aneous Appeal No.38 of 2000 the learned District Judge also dis­missed 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..

Category: Property Law | Date: | Hits: 76

New Dacca Industries Ltd. Vs. Quamrul Huda & others, 1979, 8 CLC (AD)

....ons stated above we allow this appeal without any order as to costs. The judgment of the High Court is set aside and the writ re-called. Ed. This Case is also Reported in: 31 DLR (AD) (1979) 234.......tribute of a corpo­rate personality which is entirely distinct from that of its members, and the property of the Company is distinct from that of its me­mbers whose only properties are their share­holdings. 5. The company, therefore, has all the powers of a legal personality and can, among oth..

Category: Employment/Service Law | Date: | Hits: 104

Atahar Ali Sarder & others Vs. State, 1978, 7 CLC (AD)

....hase from the prosecution witnesses an admission in their cross-examination." In the result, therefore, this appeal is dismissed. Ed. This Case is also Reported in: 31 DLR (AD) (1979) 227. ......complying with the provisions of section 145 of the Evidence Act and reliance was placed on certain deci­sions 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..

Category: Criminal Law | Date: | Hits: 107

Hafizuddin Ahmed and another Vs. Mahbubul Huq and others, 1983, 12 CLC (AD)

....null and void." By the amendment of 1957 the following provision was added to section 9(1): "Provided that any such rent-receiver shall be entitled to transfer by private sale or mortgage only, agricultural land in his khas possession not exceeding ten standard bighas in the aggregate, without......on under sub-section (1) of section 3, no rent-receiver, speci­fied 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 ..

Category: Property Law | Date: | Hits: 58

Tahera Begum Vs. Farukh Meah, 1982, 11 CLC (AD)

.... the Muslim Family Laws Ordinance, 1961. In the result therefore this appeal is dis­missed but there will be no order as to costs. Ed. This Case is also Reported in: 35 DLR (AD) (1983) 170. ....... 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 ..

Category: Family Law | Date: | Hits: 166

Abdur Rashid and another Vs. Abdul Barik and another, 1983, 12 CLC (AD)

....or the aforesaid reasons, the order of the learned Judge of the High Court Divi­sion is set aside and the appeal is allowed with costs. Ed. This Case is also Reported in: 35 DLR (AD) (1983) 162.......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 ..

Category: Property Law | Date: | Hits: 67

Shafiqur Rahman and others Vs. Nurul Islam Chow­dhury and others, 1982, 11 CLC (AD)

....cessary to make any further observation in this regard. Order of the Court. By the majority judgments, the appeal is dismissed. Ed. This Case is also Reported in: 35 DLR (AD) (1983) 127. ......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..

Category: Others | Date: | Hits: 135

Abu Saber Aziz Mohammad and others Vs. Government of Bangladesh and others, 1976, 5 CLC (AD)

....whether the High Court Division acted ille­gally in failing to take notice of the establi­shed legal position that the acceptance of a Kabuliyat or rent was sufficient in law to create a tenancy of agricultural land. 7. It appears that before the High Court Division another question, namely, th......rnment would be estopped from asserting that it had no title to the said lands at the time when the settle­ment 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..

Category: Property Law | Date: | Hits: 75

Abdul Mannan and others Vs. Kulada Ranjan Mowali and others, 1977, 6 CLC (AD)

....4.56 or such other date as may have been specified in any earlier notifications under section 3(1) of the Act. 35. Further statutory cover has been given to the rights of rent-receivers as well as agricultural and non-agricultural tenants to hold the lands of their tenancies as tenants under the ......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 ..

Category: Property Law | Date: | Hits: 133

Abdul Hannan Vs. Election Tribunal, Cox's Bazar, Chittagong & another, 1979, 8 CLC (AD)

....e is remanded back to the Tribu­nal 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.......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..

Category: Election Law | Date: | Hits: 163

Md. Akram Ali Pk. and others Vs. Md. Yasin Ali and others, 2012, 41 CLC (AD)

....wing amendment is restored. The trial Court is directed to dispose of the suit as expeditiously as possible. Ed. This Case is also Reported in: 17 BLC (AD) (2012) 135; 17 MLR (AD) (2012) 242. ......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..

Category: Procedural Law | Date: | Hits: 100

Salahuddin Ahmed Vs. State, 2009, 38 CLC (HCD)

....t of this Judgment by the lower Court, and pray for regular bail. Send a copy of the Judgment and order to the Court below at once. Ed. This Case is also Reported in: 62 DLR (HCD) (2010) 351.......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..

Category: Criminal Law | Date: | Hits: 61

Jahangir Alam Chowdhury (Md.) Vs. Zabun Nahar Chowdhurani and other, 2008, 37 CLC (HCD)

....is Court at the time of issuance of the Rule is hereby vacated. Lower Courts record be sent down at once with a copy of the Judgment. Ed. This Case is also Reported in: 62 DLR (HCD) (2010) 322. ...... 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..

Category: Family Law | Date: | Hits: 167

Bangladesh Freedom Fighters' Welfare Trust and others Vs. Joint District Judge and Artha Rin Adalat & another, 2004, 33 CLC (HCD)

....udgment and decree dated 14‑5‑02 is without jurisdiction. The result is that the Rule is made absolute without any order as to cost. Ed. This Case is also Reported in: 56 DLR (2004) 641. ......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..

Category: Property Law | Date: | Hits: 173

National Life Insurance Company Ltd. Vs. Controller of Insurance, 2002, 31 CLC (HCD)

....€‘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.......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..

Category: Business or Commercial Law | Date: | Hits: 271

Arun Kumar Sutradhar and another Vs. The Joint District Judge, Artha Rin Adalat Comilla and another, 2010, 39 CLC (HCD)

.... case), if it is required. The office is directed to communicate the judgment to the concerned executing Court at once. Nazmun Ara Sultana J. - I agree. Ed. This Case is also Reported in: ......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 ..

Category: Civil Law | Date: | Hits: 80