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Saiful Islam Dilder Vs. Government of Bangladesh and others, 1998, 27 CLC (HCD)
.... find any substance in this writ petition. In the result, this writ petition is rejected in limine without any order as to costs. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 318. ...... Court Division that he is a person aggrieved as contemplated under Article 102(1) of the Constitution of People’s Republic of Bangladesh. The High Court Division, however, negatived his contention holding that he is not a ‘person aggrieved’ and summarily rejected the writ petition. The petiti..Category: Constitutional Law | Date: | Hits: 421
....eding was not instituted within time as prescribed under section 24 of the Non-Agricultural Tenancy Act, 1949. The petition, is therefore, barred by limitation. The petitioner’s entire share of the disputed land and building has been transferred by registered kabalas dated 24-3-78 and 19-9-78 and ...... land and building has been transferred by registered kabalas dated 24-3-78 and 19-9-78 and thereby his title to the case land has been extinguished and the petitioner is no longer a co-sharer in the holding. It has also been contended that this petitioner became major at the time of execution of th..
Category: Property Law | Date: | Hits: 113
Samir Ali (Md.) and others Vs. Md. Atiar Rahman Dafadar and others, 1996, 25 CLC (HCD)
....Rule. In the result, this Rule is discharged but without any order as to costs. Let the Lower Court’s Records be sent down. Ed. This Case is also Reported in: 49 DLR (HD) (1997) 131. ......on was duly delivered and the gifted properties were mutated in the name of the donees. 5. The learned trial Court on consideration of the evidence and other materials on record dismissed the suit holding that the gifts were properly made, accepted and duly acted upon. The trial Court further fou..Category: Property Law | Date: | Hits: 85
.... appointment of the Public Prosecutor. The provisions of appointment and functions of the Government Pleader and Public Prosecutor are more or less same as provided in the LR Manual.
11. It is not disputed that these provisions of LR Manual are being followed by the Government for a long time pas......efore the Government for decision. This is the only provisions we find in the whole Manual of the Legal Remembrancer.
12. Learned Deputy Attorney-General submits that the Government Pleader is not holding an office of profit in the service of the Republic. He has referred to the case of Kazi Abdu..
Category: Others | Date: | Hits: 212
Shahriar Rashid Khan and another Vs. Bangladesh, 1997, 26 CLC (HCD)
....or by any Martial Law Proclamation, Regulation or Order which stood in force upto 9‑4‑79 from 15‑8‑75. Such a proposition will lead to legal crisis and constitutional vacuum. 61. It is not disputed that Khandaker Moshtaque Ahmed, Justice AM Sayem and General Ziaur Rahman were the three de...... Shahriar Rashid Khan and Colonel (Retd.) Faruqur Rahman two writ petitions, namely, Writ Petition Nos.4297 of 1996 and 4334 of 1996 were moved before this Court, but the same were summarily rejected holding that the petitioners in those two writ petitions had no locus standi to file the writ petiti..Category: Criminal Law | Date: | Hits: 202
Habibur Rahman Mondal (Md.) and others Vs. State and another, 2010, 39 CLC (HCD)
....rk and submit police report as early as possible. Let a copy of the judgment and order be transmitted to the Court below without delay Ed. This Case is also Reported in: 63 DLR (2011) 23. ......er submits that section 4 of the Durnity Daman Commission Bidhimala, 2007, is a mandatory provision to send the first information report to the Anti-Corruption Commission within 2 days of receipt for holding investigation and do the needful. But the police Officer-in-Charge of Gaibandha Police Stati..Category: Criminal Law | Date: | Hits: 101
Shahajada Talukder Vs. Election Commissioner and others, 2003, 32 CLC (HCD)
....delivered on 5‑2‑2003, after detailed discussion held that in such cases where the Returning Officer with mala fide motive rejected the nomination paper and the writ petition is not beset with disputed question of facts, the High Court will invoke jurisdiction under Article 102 of the Consti...... 1978 SC 851 the election disputes were in respect of election of Members of the Parliament of India and in 41 DLR (AD) 68 and 42 DLR (AD) 137 the Appellate Division relied on the above decisions for holding that writ jurisdiction cannot be invoked in such election dispute even of Union Parishad e..Category: Election Law | Date: | Hits: 211
....o substance in this Rule. The Rule is accordingly, discharged without any order as to costs.
Stay granted by this Court stands vacated.
Ed.
This Case is also Reported in: 55 DLR (2003) 409.
......e society which could be referable to the Registrar, therefore, the suit is not barred under section 86 read with section 133 of the Ordinance, 1984. The plaintiff has challenged the very validity of holding the election and the formation of the executive committee under that election. If the defend..
Category: Procedural Law | Date: | Hits: 124
Abdul Goni Kha Vs. Md. Abdul Aziz Azizur Rahman and others, 1996, 25 CLC (HCD)
.... that the plaintiff has filed the suit for declaration of title and that the defendant opposite party Nos.1 and 2 have fraudulently entered into an agreement of reconveyance and of declaration do the disputed order passed by the Magistrate 1st Class in respect of the suit land under President’s Or......laintiff is not a signatory to the alleged deed of reconveyance and that the alleged executants the defendant Nos.1 and 2 had no interest in the suit and the court of appeal below erred in law in not holding that the transaction is an out and out sale inasmuch as, even if the same is a complete usuf..Category: Property Law | Date: | Hits: 114
Talebur Rahman alias Taleb and 2 others Vs. State, 1994, 23 CLC (HCD)
....ny other case and the accused appellant Abdul Matin be discharged from his bailbond. Send down the lower Court records immediately. Ed. This Case is also Reported in: 49 DLR (HD) (1997) 167. ......n of the charge sheet they were placed on trial before the Special Tribunal Judge, Court No.17, Dhaka in Special Tribunal Case No.389 of 1992. In the First Information Report it was stated that while holding investigation in Gulshan PS Case No.9 (1) 92 under sections 395/397 Penal Code the police ar..Category: Criminal Law | Date: | Hits: 74
Jahangir Alam and others Vs. State, 2011, 40 CLC (HCD)
....d from their respective bail bonds. Send down the lower court record together with a copy of the judgment to the Court below at once. Ed. This Case is also Reported in: 63 DLR (HD) (2011) 294.......d from their respective bail bonds. Send down the lower court record together with a copy of the judgment to the Court below at once. Ed. This Case is also Reported in: 63 DLR (HD) (2011) 294...Category: Criminal Law | Date: | Hits: 142
Mohammadullah and others Vs. Md. Shamsul Alam alias Md. Alam, 2002, 31 CLC (HCD)
.... the said finding of fact. In the result, these Rules are discharged without any order as to cost. The impugned orders are maintained. Ed. This Case is also Reported in: 55 DLR (2003) 428. ...... ex parte decree and restored the suit to its file and number. 5. Mr. Mahmudul Islam, learned Advocate appearing in both the Rules for the petitioners, submits that the court below was in error in holding that since the service of summons by the process server was not proved, it did not matter wh..Category: Procedural Law | Date: | Hits: 100
Insab Ali (Md.) Vs. Magistrate (Abu Zafar) Jessore and others, 2010, 39 CLC (HCD)
....ey of Taka 6,16,790 was deposited to the treasury on 2-7-2007. Their further case is that the claimed of the petitioner that the BDR personnel seized the goods from the custody of the petitioner is a disputed question of facts and disputed question of fact cannot be amenable under the writ jurisdict...... Kg Soybean oil not shown in the seizure list is hereby declared to have been done without lawful authority and is of no legal effect. Ed. This Case is also Reported in: 63 DLR (HD) (2011) 290. ..Category: Criminal Law | Date: | Hits: 94
Mokbul Hossain and another Vs. State, 2003, 32 CLC (HCD)
....ted of the charge thereunder. Both appellants Mokbul Hossain and Atikul are directed to be set at liberty if not required in any other case. Ed. This Case is also Reported in: 55 DLR (2003) 396. ......er acted for all absent accused at the trial. 4. Prosecution examined at the trial 9 P.Ws. out of 16 CS witnesses—P.W.1 informant Saidul Islam P.W.2 Dr. ATM Humayun who submitted PM report after holding PM examination on the dead body of deceased Azizul Islam P.W.3 Abul Hossain, P.W.4 Siddiqur ..Category: Criminal Law | Date: | Hits: 103
Jalil and another Vs. Chairman, Court of Settlement and another, 1991, 20 CLC (HCD)
....ned property and as to how this property comes within the definition of the abandoned property. He further submits that in any view of the matter the petitioners having asserted that they were in the disputed house since 1974 when they were forcibly evicted along with their mother, the owner of the ......been amply rebutted. 17. Hence we hold that the learned Court of Settlement acted w4hout lawful authority in dismissing the application of the petitioners ad affirming the entry of the disputed holding in the Gazette Notification published as correct. 18. In the result, the rule is made ..Category: Property Law | Date: | Hits: 90
Commissioner of Taxes, Dhaka Vs. MA Hossain & Co., 1992, 21 CLC (HCD)
....cting the appeal on the ground of limitation we answer the question in the negative. The parties are to bear their own costs. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 282.......nance, 1984 read with section 66 of the Income‑Tax Act, 1922 the applicant preferred the following question of law for our decision: ‘‘Whether the Taxes Appellate Tribunal is justified in holding that the appeals are time barred counting the period of limitation of 60 lays from 15.1.86, ..Category: Procedural Law | Date: | Hits: 103
Abdul Khaleque Vs. Court of Settlement and others, 1991, 20 CLC (HCD)
....lawful authority and the same are of no legal effect. In the result, the Rule is made absolute without any order as to costs. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 273.......Memo. No. 62 Imn/V dated 15.1.1984 (Annexure M) of the Ministry of Home Affairs (respondent No.3) refusing confirmation of the petitioner as a citizen of Bangladesh and enlistment of the petitioner's holding No.2‑H/6‑14, Mirpur Housing Estate, Dhaka in the 'K' list published on September 23, 198..Category: Property Law | Date: | Hits: 90
Ramizuddin and others Vs. Abdul Hamid, 2009, 38 CLC (HCD)
....r as to costs. The impugned Judgment and order passed by the Appellate Court allowing the withdrawal of the suit is, hereby, set aside. Ed. This Case is also Reported in: 62 DLR (HCD) (2010) 434.......ation of acquisition made by the government as a consequential relief. 6. The learned Assistant Judge heard the application for rejection of plaint and rejected the plaint by order dated 25-5-1998 holding inter alia that the suit was barred under the provision of section 93 of the Town Improvemen..Category: Procedural Law | Date: | Hits: 108
Abdul Jalil & other Vs. Islami Bank Bangladesh Ltd. and others, 2011, 40 CLC (AD)
....th the impugned judgment of the High Court Division. In the result, the appeal is dismissed on contest without any order as to costs. Ed. This Case is also Reported in: 64 DLR (AD) (2012) 107.......ng aside the impugned order and allowing the defendants application under Order VII, rule 11 of the Code of Civil Procedure for rejection of plaint by the impugned judgment and order dated 18-11-1999 holding thus: "this is a fit case where the provisions of Order VII, rule 11 of the Code of Civil ..Category: Procedural Law | Date: | Hits: 108
Hamida Begum Chowdhury Vs. Ahamad Hossain Khan and others, 1997, 26 CLC (HCD)
....e thereof as Hamida Choudhury and we also find a difference in the style and manner in which these names (Hamida Begum and Hamida Choudhury) were written. Since the genuineness of Ext. A has not been disputed by the plaintiff-respondent the same, in our view should be accepted as genuine. Moreover, ......e Appeal is allowed and the impugned judgment and decree dated 28-9-95 passed in Title Suit No.201 of 1991 is dismissed without cost. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 276. ..Category: Civil Law | Date: | Hits: 148
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