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....to the Court of Settlement for hearing afresh on merit in accordance with law. Send down the LC records to respondent No.1 at once.
Ed.
This Case is also Reported in: 51 DLR (HCD) (1999) 396.......vernment of the People’s Republic of Bangladesh represented by the Secretary, Ministry of Public Works filed the application under Article 102 of the Constitution stating, inter alia, that the case holding (refugee holding) was allotted on 6-6-61 and leased out on 12-8-61 to the respondent No.2 Md..
Category: Property Law | Date: | Hits: 102
Kamruzzaman Khan Vs. Shahidul Alam Khan and others, 1998, 27 CLC (HCD)
....t Court and SCC Judge, Faridpur in SCC Suit No.1 of 1995 are hereby set aside. Send down the lower Court records at once. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 393. ......iscussed the facts and found that the notice in question was issued on 28th December 1915. The notice directed defendant to vacate the house by 31-1-1916. The Court below found that the defendant was holding on a monthly tenant terminating on the 26th day of each successive month according to Hindu ..Category: Property Law | Date: | Hits: 101
Shah Alam Vs. Shah-Newaz-Ebne Mostaque and others, 1999, 18 CLC (HCD)
.... hereby set aside. Stay granted earlier by this Court is hereby vacated. Send down the lower Court records at once. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 390. ......xecution of a decree for the first time. It is submitted by Mr. Shafique Ahmed, the learned Advocate for the petitioners that in the instant case the executing Court has committed gross illegality in holding that execution proceeding is barred by limitation under Article 181 of the Limitation Act. H..Category: Property Law | Date: | Hits: 94
Saiful Islam alias Japannya Vs. State, 2010, 39 CLC (HCD)
....s imprisonment, if he is not wanted in connection with any other criminal case. Send down the lower Court’s record. Mohammad Marzi-ul-Huq J.- I agree. Ed. This Case is also Reported in: ......g azan, when saw the appellant and victim to quarrel. All on a sudden the appellant had dealt the victim with a knife on his left chest and fled away towards the jungle of a hill situated at the east holding the blood stained knife in hand. In cross-examination he stated thevictim was his brother-in..Category: Criminal Law | Date: | Hits: 102
.....90. As the hearing could not be completed, we heard the matter to-day, the 17th February, 1990, Saturday and delivered the judgment.
Ed.
This Case is also Reported in: 42 DLR (HD) (1990) 316.
......sions, a Chairman of a Union Parishad shall be disqualified from election as, or, for being a Chairman of the Upazila Parishad.
2. It is stated that the Election Commission has given programme for holding election for the office of Chairman of Upazila Parishads fixing 17.2.90, the date for fili..
Category: Election Law | Date: | Hits: 391
Sonali Bank Vs. Abidur Rahman, 1990, 19 CLC (HCD)
..... The rule is, accordingly, discharged without any order as to costs. Communicate this order to the District Judge, Dhaka, at once. Ed. This Case is also reported in: 42 DLR (HD) (1990) 311.......decree in question under section 44A (1) of the Code for execution. Upon hearing the parties the learned Subordinate Judge & Commercial Court No.1, Dhaka passed the impugned order dated 22.4.89 holding that he had no jurisdiction to execute the decree in question. Being aggrieved by the impugn..Category: Procedural Law | Date: | Hits: 168
Azam-e-Sadat (Md.) Vs. Bangladesh and others, 2010, 39 CLC (HCD)
.... The order of stay granted at the time of issuance of the Rules is hereby recalled and vacated. Communicate this order at once. Ed. This Case is also Reported in: 62 DLR (HCD) (2010) 455. ...... Annexures of the same and supplementary affidavits carefully. Since the decision of our apex Court clearly spelt out the provision of section 32 of the Anti-Corruption Commission Act in this context holding no sanction is required before filing a case under the Act and also on the point that a case..Category: Criminal Law | Date: | Hits: 89
Trade Multi Plex and another Vs. Artha Rin Adalat and another, 2010, 39 CLC (HCD)
.... if shown in the suit, are act of forgery by some interested quarters. 13. Be that as it may, the question as to whether the petitioners and defendant No.5 appeared to contest the suit or no being disputed question of fact, cannot be decided in writ jurisdiction without taking evidence. Moreover,......lso deposited 10% of the decretal dues as per order of the Adalat but the learned Judge of the Adalat without deciding the claim of the petitioners on merit on taking evidence rejected the Misc. Case holding illegally that the petitioners were well aware about the filing of the suit long before and ..Category: Civil Law | Date: | Hits: 157
Tarique Rahman Vs. Government of Bangladesh and others, 2010, 39 CLC (HCD)
....s and whether the trial of the appellant on facts allegedly committed prior to the promulgation of Durnity Daman Commission Ain, 2004, constitute an offence under the Durnity Daman Commission Ain are disputed facts can only be decided on evidence at the trial." The principle expounded in the case......y, the Rule is discharged without any order as to costs. The trial Court is directed to proceed with the case in accordance with law. Ed. This Case is also Reported in: 62 DLR (HCD) (2010) 524. ..Category: Criminal Law | Date: | Hits: 112
Abdul Kashem Vs. University of Chittagong, 2008, 37 CLC (HCD)
....te, system of verification is in place but the certificate of the petitioner was issued in 1984 before the system of verification was introduced in 1995 which the entire matter of the petitioner is a disputed question of fact thus the writ petition is not maintainable which he submits that the Rule ......946, examination held in the year 1983 as early as possible preferably within 2(two) months from the date of receipt of the Judgment. Ed. This Case is also Reported in: 62 DLR (HCD) (2010) 518. ..Category: Others | Date: | Hits: 186
Nur Hossain Miah & others Vs. Bangladesh and others, 2010, 39 CLC (HCD)
....ce of the rules is hereby recalled. Let a copy of this Judgment be transmitted to the Chairman, Anti-Corruption Commission, Dhaka. Ed. This Case is also Reported in: 62 DLR (HCD) (2010) 514. ......different Annexure and the supplementary affidavits carefully. Since the decision of our apex Court clearly spelt out the provision of section 32 of the Anti-Corruption Commission Act in this context holding no sanction is required before filling a case under the act and also on the point that a cas..Category: Criminal Law | Date: | Hits: 107
Md. Omar Ali Mondal and others Vs. Md. Abdul Hamid and others, 2012, 41 CLC (AD)
....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:......ailed to prove the dakhila in accordance with law, failed to prove their title to the suit land. Having considered the evidence both oral and documentary, the High Court Division dismissed the appeal holding that the plaintiffs could not prove their title to and possession in the suit land. 10. ..Category: Property Law | Date: | Hits: 101
Government of Bangladesh and others Vs. Mrs. Rana Awan, 2012, 41 CLC (AD)
....erein filed Writ Petition No.770 of 2004 before the High Court Division seeking a direction in the form of mandamus upon the Government to demarcate and mutate the lands in her name in respect of the disputed land and obtained Rule Nisi. 6. The appellants herein did not file affidavit-in-opposit......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)
....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: ......n response thereto, a Sub-Inspector of police named S. M. Shahidul Islam visited the area of occurrence, inquired into the allegation and sent the dead body to Narayanganj General Hospital Morgue for holding post-mortem. The police also arrested the appellant under section 54 of the Code of Criminal..Category: Criminal Law | Date: | Hits: 101
SM Sabbir Hasan Vs. State, 2011, 40 CLC (HCD)
....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. ......nd the accused-petitioner, he was falsely implicated in this case and created imaginary plot in collusion with RAB authority. He also submits that as the accused-petitioner is a responsible officer holding the post of Deputy Director of Anti-Corruption Commission there is no chance of his absconsi..Category: Criminal Law | Date: | Hits: 111
....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.
......sbahuddin Ahmed then Managing Director of the IFIC Bank and the plaintiff duly replied to the charge sheet on 7-12-1993; that the Bank appointed a Senior vice-President as inquiry officer who without holding proper inquiry on 3-5-1994 submitted his inquiry report finding the plaintiff guilty of the ..
Category: Employment/Service Law | Date: | Hits: 175
Afifa Sultana Vs. Judge, Artha Rin Adalat and others, 2011, 40 CLC (HCD)
....ddress of the petitioner or whether 18, Ishdhair Road, Fatullah, Narayangonj is the residential address of the petitioner or whether the petitioner is liable for Taka 20,000 with interest are all disputed questions of facts which cannot be decided in the writ jurisdiction without proper evidence......ere given and all those are correct addresses of the defendant-petitioner. He next contends that in the deed of mortgage number of holding was mentioned but in the power of attorney the number of holding was not given by the petitioner and therefore, to avoid confusion the Bank used the address ..Category: Civil Law | Date: | Hits: 269
Haji Karamat Ali Master Vs. Lehajuddin Talukder & others, 1988, 17 CLC (HCD)
....Pitambergonj, Upazila Barguna, District Patuakhali (now District Barguna). 3. In a nutshell the plaintiffs case is that the defendant No.2 Menhazuddin Talukder was the owner in possession of the disputed lands. He mortgaged 40 acre of land out of the same for 7 years in favour of the plaintiff ...... recipient, went to Amtali in connection with mutation of their certain paternal properties and got the document registered from there. The learned Subordinate Judge has believed this defence story holding that there is sufficient explanation on behalf of the defendants although he has not at all ..Category: Property Law | Date: | Hits: 82
Dr. Suraiya Hossain Vs. Taherunnessa, 1988, 17 CLC (HCD)
....rs. Taherunnessa and Dr. Suraiya Hossain by a deed of agreement in 1981 and it was for a period of two years, which means that it would come to an end after 31st of December, 1982. It is also not disputed that it is an ordinary ejectable "monthly tenancy" at a rental of Tk. 2,000/- and this tena...... agreement but as the notice under section 106 of the T.P. Act had not been properly served, namely giving two months' notice, the suit was dismissed. According to the learned Munsif it was a ease of holding over and two months notice provision of the expired agreement would continue. 20. The q..Category: Property Law | Date: | Hits: 88
Jalaluddin Vs. Bangladesh, 1989, 18 CLC (HCD)
....result, the Rule is discharged but without any order as to costs, and the order of stay passed by this Court earlier is hereby vacated. Ed. This Case is also Reported in: 42 DLR (HD) (1990) 132.......the areas which were declared by the notification dated 8.9.87 as urban areas were kept in the previous Union Parishads arid elections of those Union Parishads were held on 10.2.88. Challenging the holding of election in the aforesaid urban areas of 6 Union under Local Government (Union Parish..Category: Property Law | Date: | Hits: 108
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