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Abdul Mannan Khan Vs. Government of the Peo­ple's Republic of Bangla­desh & others, 1990, 19 CLC (HCD)

.... Ltd. (2) AIR 1960 (Bomb.)61, Smt. Khatizabai Mohorned Ibrahim Vs. Controller of Estate Duty, Bombay. (3) AIR 1953 (SC) 242, State of Bombay Vs. Pandurang Vinayak and others. 7. On the other hand, the learned Attorney-General submits that the Chairman and Members of the Union Parishads do n......amental importance in law making is that while making a classification the legislature shall not act arbitrarily but make se­lection on rational basis." 34. In the light of their Lordships' above-noted observations, I propose to take indulgence to consid­er some of the aforesaid cited decisions..

Category: Election Law | Date: | Hits: 391

Tarique Rahman Vs. Government of Bangladesh and others, 2010, 39 CLC (HCD)

....e with law. Ed. This Case is also Reported in: 62 DLR (HCD) (2010) 524. ...... Act, 2009 was enacted when the Money Laundering Prevention Ordinance, 2008 was in force. As such, there is continuity of law relating to prevention of ‘Money laundering'. 26. It is important to note that the provisions of General Clauses Act, 1897 shall apply to the Constitution. Sub-Article (..

Category: Criminal Law | Date: | Hits: 112

Nur Hossain Miah & others Vs. Bangladesh and others, 2010, 39 CLC (HCD)

....itioners Vs. Bangladesh and others……………..Respondents Judgment October 6, 2010. Result: All the Rules are discharged. Lawyers Involved: Sheikh Fazle Noor Taposh with Khandaker Rezad-Raquib, Immamul Kabir, Mejbahur Rahman, Advocotes – For the Petitioners. (In all th......, it is the first and foremost duty of the state to bring the offender to book in order to ensure justice in the society, in the said reported case in paragraph 16 it has been observed: "It may be noted that proper investigation is the precondition for ensuring dispensation of justice. Mainly for..

Category: Criminal Law | Date: | Hits: 107

Ibrahim Khalil and others Vs. Mujibur Rahman and others, 2012, 41 CLC (AD)

....he land of deeds of sale and came to a wrong finding and as such committed error of law. 10. Mr. Syed Amirul Islam, learned Senior Advocate appearing on behalf of respondent Nos.1-2, on the other hand, supports the impugned judgment. 11. We have considered the submissions of the learned Seni...... balance consideration of money amounting to Tk. 25000/- to defendant No.2 and requested him to execute and register the deed of sale but the defendants refused to do so. 12. What is important to note here is that defendant Nos.1 and 2 did not appear to contest the suit. Defendant Nos.4 and 9 we..

Category: Civil Law | Date: | Hits: 186

Md. Omar Ali Mondal and others Vs. Md. Abdul Hamid and others, 2012, 41 CLC (AD)

....and could be created by dakhila and in the event of any dispute, the person who took settlement on the basis of dakhila was required to prove the dakhila in accordance with law. 9. In the case in hand, the plaintiffs having failed to prove the dakhila in accordance with law, failed to prove thei......on proper appreciation of law and facts do not call for interference by this Division. Accordingly, this civil petition for leave to appeal is dismissed. Ed. This Case is also Reported in:..

Category: Property Law | Date: | Hits: 101

Government of Bangladesh and others Vs. Mrs. Rana Awan, 2012, 41 CLC (AD)

.... all disputed questions of facts the resolution which are the possible under the writ jurisdiction. 10. Mr. M. I. Farooqui, learned Senior Advocate appearing on behalf of respondent, on the other hand, supports the impugned judgment. 11. We have considered the submissions of the learned Atto......by Hasan Foez Siddique J. to hear and dispose of the matter afresh on merit in accordance with law by 29.11.2012. Accordingly, the appeal is disposed of. Ed. This Case is also Reported in: ..

Category: Property Law | Date: | Hits: 121

Md. Rafiqul Islam alias Rafique Vs. State, 2011, 40 CLC (HCD)

....nd after having water, he died. In cross examination P.W.2 stated that his father had died before they could call the doctor. He (P.W.2) informed the occurrence to the local police station in his own hand writing. The appellant’s father Mohammad Ali was cousin brother of his mother. P.W.3 Shonabha......ion Case No.40 of 1994 is hereby set aside. The appellant is released from his bail bond. Send down the lower Court records. Naima Haider, J.- I agree. Ed. This Case is also Reported in: ..

Category: Criminal Law | Date: | Hits: 101

SM Sabbir Hasan Vs. State, 2011, 40 CLC (HCD)

....On 23-1-2011 the accused-petitioner called him to his office and he informed the matter to RAB-7, Chittagong and on their advise he went to the office of the accused-petitioner with Taka 10 lakhs and handed over the said amount to the accused-petitioner as bribe money, but he got the above act recor......ermitted to take back the certified copies of the annexures on substituting with photo copies of the same, except the impugned order. Ed. This Case is also Reported in: 63 DLR (HCD) (2011) 368. ..

Category: Criminal Law | Date: | Hits: 111

Abdul Quayum Vs. International Finance Investment and Commerce Bank Ltd. and others, 2010, 39 CLC (HCD)

....on before filing the written statement in the suit. In support of this submission he relied on the case of Ismat Zerin Khan Vs. World Bank reported in 11 MLR (AD) 58 = 58 DLR (AD) 1. On the other hand Mr. AQM Safiullah with Mohammad Ali Jinnah, learned Advocates appearing on behalf of defendant ......t, Dhaka in Title suit No.83 of 2007 rejecting the plaint of the suit is maintained and upheld. Send down the lower Court records. Ed. This Case is also Reported in: 63 DLR (HCD) (2011) 359. ..

Category: Employment/Service Law | Date: | Hits: 175

Anwar Ali Vs. State, 1987, 16 CLC (HCD)

....m in the war of libera­tion. Mrs. Nurunnahar Begum, the wife of the ac­cused in her petition Ext.6 dated 25.1.86 to the Managing Director, Shilpa Bank, however, had stat­ed that her husband's left hand was amputated in the hospital after an accident. It was further stated that the accused never m......r the construction of the factory building. The machin­eries mentioned in the schedule were mortgaged. The Managing Director of the said M/S Decent Oil Mills Ltd. executed the credit agreement, D.P. notes agreements creating mortgage and hypothecation, ir­recoverable general power of attorney in f..

Category: Criminal Law | Date: | Hits: 108

Haji Karamat Ali Master Vs. Lehajuddin Talukder & others, 1988, 17 CLC (HCD)

....ds and the evidence given by the D.Ws. them­selves would show that the disputed document was not executed on 9.2.79. Mr. Matiar Rahman Khan, the learned Advocate for the opposite party, on the other hand, submits that although there has been no discussion of the oral evidence by either of the Court......b-Registrar, Amtali on 6.6.79 is hereby declared collusive, antedated and void and as such be delivered up and cancelled. A copy of the de­cree be sent to the Sub-Registrar concerned for neces­sary note in the relevant book maintained by him. Ed. This Case is also Reported in: 41 DLR (HCD) (1..

Category: Property Law | Date: | Hits: 82

Dr. Suraiya Hossain Vs. Taherunnessa, 1988, 17 CLC (HCD)

....vil Revision No. 561 of 1987 is discharged. Cases Referred to- Ahmedur Rahman Vs. Sk. Mofazzal Hossain, 14 DLR 826; Rafique & others Vs. Siddique and others, 22 DLR 59; Dasarath Vs. Sarat Chandra, 37 CWN 971; Kobbat Ahmed Vs. Abdus Sabur, 25 DLR 282; 22 DLR 56; Lawyers Involved: Gi......d for them to vacate. In the facts and circumstances of the cases there will be no order as to costs. Send down the records at once. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 441...

Category: Property Law | Date: | Hits: 88

Abdul Latif & another Vs. Attar Ali, 1989, 18 CLC (HCD)

....nd the learned Additional District Judge has concurred with the learned Munsif on the findings arrived at by him. Mr. M.A. Gafur, the learned Advocate appearing for the opposite par­ty, on the other hand, has placed before me the deci­sion in the case of Girijanandini Devi Vs. Bijendra Narain Chow......gment and the learned Judge has failed to apply his judicial mind to the facts and circumstanc­es of the case and failed to reiterate the evidence and reasons in support of his findings. It is to be noted that judgment of the Court of appeal below is the judgment of affirmance and the learned Addit..

Category: Civil Law | Date: | Hits: 152

Government of Bangladesh Vs. Israt Jahan Kazal, 1995, 24 CLC (HCD)

.... findings and decisions arrived at by the Courts below cannot be sustained in law and the Rule should be made absolute. 8. Mr. Azizul Huq, the learned Advocate for the opposite party, on the other hand, contends that admittedly the original owner of the property was late Abdul Jalil who left the ......r interference by this Court. In the result, the Rule is discharged without any order as to costs. Send down the records at once. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 161...

Category: Property Law | Date: | Hits: 107

Rahmatullah Vs. State and another, 1995, 24 CLC (HCD)

....e learned Sessions Judge will be necessary for further investigation of the cages. 6. Mr. Khondker Mahbub Hossain, the learned Advocate appearing on behalf of the opposite party No.2, on the other hand, submits that these petitions filed by the petitioner are incompetent as he is hot aggrieved by......accordingly discharged. The orders of stay passed earlier are hereby vacated. Sent down the lower Court records expeditiously. Ed This Case is also Reported in: 48 DLR (HCD) (1996) 158. ..

Category: Criminal Law | Date: | Hits: 99

State Vs. Lokman Miah, 1995, 24 CLC (HCD)

....The motive, as alleged by the prosecution, is that Lokman Miah planned and made a false show of commission of dacoity in the bank and if such attempted dacoity could be resist then he would be paid a handsome reward and this Persuaded accused Lokman Miah to make a show of the attempted dacoity in th......the accused Lokman Miah by the Additional Sessions Judge, Narayanganj in Sessions Case No.50 of 1988 on 15.6.92 is hereby set aside. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 149. ..

Category: Criminal Law | Date: | Hits: 73

Baseruddin Pramanik (Md.) Vs. Golapjan Bewa and others, 1995, 24 CLC (HCD)

....s discharged. The pre-emption is allowed. Cases Referred to- Sree Radha Raman Karmaker Vs. Hari Mohan and others heard along with Sufi Golam Mohiuddin Vs. Hafizur Rahman, 36 DLR (AD) 1; Balai Chand Mondal Vs. Nivaran Chandra Das, 51 CWN 644; Province of East Pak Vs. Md. Hossain, 16 DLR (SC) 6......result, the Rule is discharged. The pre-emption is allowed. Costs all through against the petitioner. Sent down the records at once. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 137...

Category: Property Law | Date: | Hits: 89

Abdus Samad Azad and others Vs. Bangladesh and others, 1992, 21 CLC (HCD)

.... of voting, which also does not appear to be that open ballot as it would be in case of division of voters and counting each voter physically on one side and the other on the other side or by show of hands to be counted by a third person namely by the Speaker in presence and at the showing of everyb......1991 having not been before this Court, the impugned Ordinance having been withdrawn, that petition is disposed of accordingly. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 354. ..

Category: Constitutional Law | Date: | Hits: 414

MG Jilani Vs. Md. Wahed Uddin Sardar, 1989, 18 CLC (HCD)

....d (5) the plaintiff requires the suit holding for his own necessity and upon such findings, the learned Small Cause Court Judge decreed the suit with costs, and directed the defendant‑petitioner to hand over vacant possession of the holding to plaintiff within 60 days by his judgment and decree da......ut any order as to costs. The order of stay granted by this Court is vacated. Let the records be sent down at once. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 348. ..

Category: Civil Law | Date: | Hits: 140

Lal Banu Bibi and others Vs. Nourjan Banu, 1986, 15 CLC (HCD)

....or by fraud. Equity af­fords relief in either case. If the instrument be cancelled as a whole, both the parties suffer because the real agreement by such cancellation falls through. If, on the other hand, the instrument be stayed right the genuine contract becomes capable of enforcement and neither......ded but no fresh evidence will be admitted. Cost will abide by the result of the suit. Send down the lower Court's records at once. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 519...

Category: Property Law | Date: | Hits: 134