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Abdul Jalil Shah and another Vs. Rahima Khatun and others, 1998, 27 CLC (HCD)
....rably within 6(six) months from the date of receipt of this order. Communicate this order to the Court concerned at once. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 441. ......other homesteads by a brick fencing. A bit far from the said homestead the defendant No.3 constructed another double storied building on a portion of plot No. 4568 and those 2 homestead bear separate holding number and the defendant petitioners has been paying rent regularly to the Government as wel..Category: Civil Law | Date: | Hits: 154
Sena Kalayan Sangstha Vs. Haji Sufi Fazal Ahmed and others, 2004, 33 CLC (HCD)
....o not find any substance in the submission for the learned Counsel of the appellants. The appeals are accordingly dismissed without any order as to costs. Ed. This Case is also Reported in: ......€™s order No.1 of 1972. The plaintiff has recorded the land in his own name and possessing the same by constructing structure mutating in his own name and paying rent accordingly creating a Municipal holding of his own. But the taking over of the said property as part of the industrial concern or co..Category: Property Law | Date: | Hits: 111
Islamia Automatic Rice Mills Ltd. Vs. Bangladesh Shilpa Rin Sangstha and others, 2002, 31 CLC (HCD)
.... is discharged with a cost at Taka 25,000 to be paid by the petitioner to the respondent No.3 within 3(three) months from date. Ed. This Case is also Reported in: 55 DLR (HCD) (2003) 463. ......Barrister shares in general immunity which as given to all those taking part in the judicial process. But the law Lords in Saif Ali Vs. Mitchell and Co. (1980) AC 198, cut down the extent of immunity holding that a Barrister was liable when he carelessly failed to advise re‑settling the plaintiffs..Category: Civil Law, Contempt of Court Law | Date: | Hits: 417
State Vs. Nazma Sarker @ Beauty and others, 2011, 40 CLC (HCD)
.... a copy of this judgment and order, be sent to the concerned Court below for information and necessary action at once. Md. Emdadul Haque Azad J. - I agree. Ed. This Case is also Reported in: ......, Gazipur against the said charge sheet to the effect that one of the accused was not included in the charge sheet when the case was transferred to the D.B. Police for further investigation who after holding further investigation into the matter submitted charge sheet to the same effect as was done ..Category: Criminal Law | Date: | Hits: 98
Selim Ullah Bahadur Vs. Election Commission and others, 1990, 19 CLC (HCD)
....the following terms: "Let a Rule nisi issue calling upon the respondents to show cause as to why the respondent No.1 should not be directed to organise, hold and conduct a fresh election in the disputed centre, namely No.13 Tetoya Government Primary School centre or such or further orders or o...... In the result, the Rule is discharged and the order of stay granted on 3.5.90 is vacated. There will be no order for costs. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 304. ..Category: Election Law | Date: | Hits: 177
Mostafizur Rahman Vs. Bangladesh and others, 1991, 20 CLC (HCD)
....and the affidavitÂ-in‑opposition would be corrected and read as if those names were never mentioned and no such imputation made. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 312.......ty to be satisfied about the necessity of detention of the detenu. The ground is that on 10.12.90 the detenu in an interview with the BBC correspondent stated that he would start election campaign by holding a meeting of his party on 16.12.90 or on a near about date and he had nothing to repent or e..Category: Criminal Law | Date: | Hits: 113
Abdul Gafur Sikder Vs. Mst. Shafia Khatun & others, 1989, 18 CLC (HCD)
....he original plaintiff Sekander Ali died and the opposite parties were substituted as his heirs and legal representatives in his place. 3. The plaintiffs case, in short, is that he was owner of the disputed land described in Schedule 'Ka' to the plaint and in 1391 B.S. he expressed his willÂingne......sent rule. 6. Mr. Hemayetuddin Ahmed, the learned AdÂvocate appearing in support of the Rule, has conÂtended that the learned Subordinate Judge has comÂmitted an error of law in his decision in holding that the case was covered by section 17 of the Code of Civil Procedure and thereby in direct..Category: Property Law | Date: | Hits: 136
Bajla Rice Mills Vs. Bangladash, 1989, 18 CLC (HCD)
....hat it can dispose of the suit within the time stipulated above. Let the L.C. records be sent down to the Court concerned at once. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 504. ......n Act. On the prayer of the defendant, the point of limitation was heard by the trial Court on 18.4.73 as a preliminary issue. 4. The learned Subordinate Judge passed the impugned order on 18.4.73 holding that the suit was not barred under Article 178 of the Limitation Act and that it was maintai..Category: Procedural Law | Date: | Hits: 93
Suresh Majumder and Others Vs. Government of Bangladesh & Others, 1998, 27 CLC (HCD)
....ituted Title suit No.41 of 1976 in the Second Court of Subordinate Judge, Bakerganj impleading opposite party Nos.13-16 as defendants praying for a declaration of their rayati rights and title in the disputed land. It is asserted by the plainÂtiffs that they are recorded owner in possession of the ...... the category of defendants and accordingly the plaint may be amended. Accordingly the Rule is disposed of without any order as to costs. Ed. This Case is also Reported in: 42 DLR (1990) 10. ..Category: Procedural Law | Date: | Hits: 82
State Vs. Md. Sirajul Islam and others, 2012, 41 CLC (HCD)
....4. Let the Lower Court Records along with a copy of this judgment and order be sent to the concerned Court below for information and necessary action at once. Ed. This Case is also Reported in: ......Islam the elder brother of the deceased Aktar Hossain, being informant, for the said murder lodged Ejahar upon which Brahmonbaria Police Station Case No.22 dated 11.8.2005 A.D. was started. But after holding investigation a final report was submitted in the said Case being Number 22 and the S.I. Md...Category: Criminal Law | Date: | Hits: 105
Hafez Mawlana Humayun Kabir Vs. Md. Lokman and others, 2012, 41 CLC (HCD)
....ths from the date of receipt of this judgment in accordance with law. Let a copy of this order along with the lower Court’s record be sent down at once. Ed. This Case is also Reported in: ...... 4. At the trial both the parties led evidence to prove their respective cases. 5. The learned Assistant Judge, Raipur, Lakshmipur by his judgment and decree dated 29.6.2006 dismissed the suit holding that the plaintiffs having been failed to prove their case. 6. The unsuccessful plaintif..Category: Procedural Law | Date: | Hits: 113
AFM Hamidul Hoque Vs. Director, National Savings Directorate and others, 2002, 31 CLC (HCD)
.... which ultimately resulted in his acquittal and the learned Divisional Special Judge in his judgment observed that P.W.1 Ataur Rahman is the root of all evils in this case who permitted to encash the disputed Sanchaya Patras from his Office. 6. Mr. Moklesur Rahman Zahid, the learned Assistant Att......he appeal. Under the above circumstances, we find merit in this Rule. In the result the Rule is discharged without any order as to costs. Ed. This Case is also Reported in: 55 DLR (2003) 455...Category: Employment/Service Law | Date: | Hits: 147
Syeda Sajeda Chowdhury Vs. State, 2010, 39 CLC (HCD)
....002 now pending in the Court of Divisional Special Judge, Dhaka is quashed in respect of the petitioner only. Ed. This Case is also Reported in:62 DLR (HCD) (2010) 441; 18 BLT (HCD) (2010) 249. ......eater Dhaka. The subsequent plot was allotted by practicing deception and misapplication of rules 13(a) and in violation of rule 9 of the allotment Rules of RAJUK. The Bureau of Anti-Corruption after holding investigation submitted charge sheet against her under section 420 of the Penal Code read wi..Category: Criminal Law | Date: | Hits: 137
Abu Bakkar Siddique (Md.) and others Vs. Md. Abdur Rab Khandaker & others, 2010, 39 CLC (HCD)
.... possession in the suit land; that in the meantime the plaintiffs came to know that defendant No.1 executed 2 register sale deeds in favour of defendant No.2 and 3 (petitionÂers) on 16-3-1993 of the disputed 1.171/2 satak land; that the alleged transfer was collusive, fraudulent and illegal as defe......ior Assistant Judge, in Other Suit No.48 of 1993 is hereby set aside. The suit is stand dismissed. Send down the LC record at once. Ed. This Case is also Reported in: 63 DLR (HD) (2011) 326. ..Category: Property Law | Date: | Hits: 90
Kartic Das Gupta Vs. Election Commission and others, 2011, 40 CLC (HCD)
....observations and directions both the Rules are disposed of. The order of status quo granted earlier on 6-2-2011 is hereby vacated. Ed. This Case is also Reported in: 63 DLR (HCD) (2011) 313. ......of 2009) (in short, the Act) the Election Commission (in short, the Commission) is duty bound to prepare a voter list of those voters who are the citizen of the counÂtry for every franchise area for holding elections; that in exercise of power as provided in section 17 of the “স্থানীŕ..Category: Election Law | Date: | Hits: 217
Hasina Khatoon and another Vs. Md. Samsur Rahman and others, 1997, 26 CLC (HCD)
....us (Pre‑emption) Case No.11 of 1987 as expeditiously as possible, preferably within 3 months, from the date of receipt of this order. Ed. This Case is also Reported in: 49 DLR (HD) (1997) 187. ......3 DLR (AD) 113 wherein their Lordships have held that the object of sub‑section (2) of section 96 of the State Acquisition and Tenancy Act is to have all the co‑sharer tenants and all the tenants holding lands contiguous to the land transferred, before the court for proper and complete adjudicat..Category: Property Law | Date: | Hits: 94
Shamsul Huq Chowdhury Vs. Justice Md. Abdur Rouf & others, 1995, 24 CLC (HCD)
....ntial question of law as to the interpretation of the Constitution. The prayer is allowed and certificate prayed for is hereby granted. Ed. This Case is also Reported in: 49 DLR (HD) (1997) 176.......adesh a Rule Nisi was issued by this Court upon the respondents to show cause as to why and under what authority respondent No.1 has been sitting as a Judge of the Supreme Court of Bangladesh and now holding the office of a Judge of the Appellate Division of the Supreme Court. The matter is of great..Category: Constitutional Law | Date: | Hits: 353
.... Rin Adalat No.2, Dhaka is hereby directed to return the plaint to the filing Advocate for presentation before the appropriate Court.
Ed.
This Case is also Reported in: 50 DLR (HCD) (1998) 333.
......as been wrongly filed in the Artha Rin Adalat instead of filing it before the ordinary Civil Court. The Adalat then on hearing both the sides by order dated 17-8-97 rejected the petitioner’s prayer holding that as the plaintiff is a registered Co-operative Credit Society there is no bar in proceed..
Category: Civil Law | Date: | Hits: 135
Shahidullah and others Vs. Lutfur Karim and others, 1997, 26 CLC (HCD)
....ation by Salamatullah, the predecessor-in-interest of the defendants; there was no thumb impression of Cherag Ali in the kabala; Salamatullah did not acquire any right, title and interest through the disputed kabala. The plaintiffs having come to know about the said kabala on 18-5-91 instituted the ......t and, as such, section 90 of the Evidence Act and the case reported in AIR 1984 cited by Mr. Ozair Farooq have relevance in this case. 23. Arguments were also advanced by Mr. Farooq as to the withholding of the original kabala and the consequential benefit of section 114(g) of the Evidence Act. ..Category: Procedural Law | Date: | Hits: 103
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
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