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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. ...... to how the opposite parties could be prejudiced if the prayer for amendment of the pleadings by addition of a party was allowed. Since the superior courts of the Sub-continent always interpreted the provisions of Order VI rule 17 and Order 1 rule 10(2) CPC liberally in allowing amendments even at a..Category: Property Law | Date: | Hits: 94
Shamsul Huq Chowdhury Vs. Justice Md. Abdur Rouf & others, 1995, 24 CLC (HCD)
....n of constitutional provision or any other provision having the force of law. A person will be found to hold office without lawful authority, if the person is not qualified to hold the office or some mandatory provision of law has been violated in making the appointment or when the appointment has b......all not be eligible for being appointed as the Judge of the Appellate Division because of the limitations and restrictions imposed vide Article 118(3) (a) which runs as follow: "(3) Subject to the provisions of this Constitution the term of office of an Election Commissioner shall be five years f..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.
......Mahmudul Amin Choudhury J) was a party, where it has been held that the Artha Rin Adalat Ain is a special law under which Courts have been constituted with their own forum of appeal. By analysing the provisions of section 5(4) and (5), it cannot be found that an Artha Rin Adalat is an ordinary civil..
Category: Civil Law | Date: | Hits: 135
Shahidullah and others Vs. Lutfur Karim and others, 1997, 26 CLC (HCD)
....e Court is thus set aside and those of the trial Court are restored. There will be no order as to cost. Send down the record at once. Ed. This Case is also Reported in: 50 DLR (1998) 328. ...... document existed which purported to be a will and from which a copy was taken: Held: that the evidence of loss of the original will which was not seen for many years was sufficient to satisfy the provisions of section 65, Evidence Act, so as to make copy admissible.” It was further held: ..Category: Procedural Law | Date: | Hits: 103
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. ......hether or not the person sought to be extradited was convicted or is merely charged with the commission of the offence. This is the established rule in this country for the enforcement of such treaty provisions.” …………………… …………………… “Perhaps the leading cas..Category: Constitutional Law | Date: | Hits: 421
....ned Subordinate Judge, Chandpur in Miscellaneous Case No.59 of 1990 is hereby affirmed.
Send down the lower Court records at once.
Ed.
This Case is also Reported in: 50 DLR (HCD) (1998) 311.
......ct submits that such pre-emption cases are not maintainable and barred by limitation. He further submits that as the case was filed beyond time the pre-emptor is not entitled to take advantage of the provisions of sections 6 and 7 of the Limitation Act. Section 6 provides that where a person entitle..
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. ...... Revocation of gifts.- (1) A gift may be revoked by the donor at any time before delivery of possession. The reason is that before delivery there is no completed gift at all. 2. Subject to the provisions of sub‑section (4), a gift may be revoked even after delivery of possession except in t..Category: Property Law | Date: | Hits: 85
....be discharged.
In the result, this Rule is discharged and in the facts and circumstances of the case we pass no order as to cost.
Ed.
This case is also Reported in: 49 DLR (HD) (1997) 126.
......ving of the present petitioner from the office of Government Pleader of the Dhaka District is absolutely illegal, without jurisdiction and violative of the principle of natural justice as well as the provisions of the LR Manual.
3. An affidavit-in-opposition has been filed on behalf of the respon..
Category: Others | Date: | Hits: 212
Shahriar Rashid Khan and another Vs. Bangladesh, 1997, 26 CLC (HCD)
....the interpretation of several provisions of the Constitution are involved in the instant cases, the certificate prayed for is granted. Ed. This Case is also Reported in: 49 DLR (HD) (1997) 133. ......der section 6 of the General Clauses Act and such effect, consequence, benefit, result and legal right derived from the aforesaid Indemnity Ordinance of 1975 cannot be taken away without amending the provisions of paragraphs 3A and 18 of the 4th Schedule of the Constitution as per Article 142 of the..Category: Criminal Law | Date: | Hits: 202
Habibur Rahman Mondal (Md.) and others Vs. State and another, 2010, 39 CLC (HCD)
....detected in time though on several times periodical inspections were done from the year 2002, the learned Advocate further 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 ......, when the police report is submitted to the Court to prosecute an offender, and in no way lodgment of first information report can be treated as filing a case. He submits that according to the legal provisions, no Court shall take cognizance of any schedule offence of the Anti-Corruption Com..Category: Criminal Law | Date: | Hits: 101
Shahajada Talukder Vs. Election Commissioner and others, 2003, 32 CLC (HCD)
.... cancelled and the Returning Officer is directed to hold fresh election upon accepting the nomination paper already filed by the petitioner. Ed. This Case is also Reported in: 55 DLR (2003) 420.......been raised by any person to the effect that the voter numbers of the petitioner as well as the proposer are wrong and/or signature of the proposer is not genuine. 10. From the contents of the provisions of Rule 15 of Rules 1983 as quoted above the Returning Officer at the time of scrutiny u..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.
...... order.
Mr. Hasan Ariff, the learned Counsel, has appeared in support of the Rule and he has contended, placing section 86 and section 133 of the Ordinance, 1984, that the suit is barred under the provisions of the aforesaid sections as the dispute was referable to the Registrar of the Co‑opera..
Category: Procedural Law | Date: | Hits: 124
Abdul Goni Kha Vs. Md. Abdul Aziz Azizur Rahman and others, 1996, 25 CLC (HCD)
.... receipt of this order failing possession through the court in execution thereof. Send down the lower Courts record expeditiously. Ed. This Case is also Reported in: 49 DLR (HD) (1997) 172. ......of such consideration, shall notwithstanding anything contained in the document relating to the transfer, be deemed to be a completed usufructuary mortgage for period not exceeding seven yews and the provisions of section 95 shall apply to such transfer whether made before or after the date of comme..Category: Property Law | Date: | Hits: 114
....ovisionally at the time of issuance of the Rules.
10. Mr. Arif, learned Advocate for the petitioner in all the Rules, at the outset submits that the impugned awards were passed in violation of the mandatory provisions of the Act. These are number one, under section 28 only a person can make an ap......y at the time of issuance of the Rules.
10. Mr. Arif, learned Advocate for the petitioner in all the Rules, at the outset submits that the impugned awards were passed in violation of the mandatory provisions of the Act. These are number one, under section 28 only a person can make an application ..
Category: Property Law | Date: | Hits: 84
....etenu is not being held in custody without lawful authority or in an unlawful manner. But the rule is not inflexible and that in all cases under Article 102(2)(b)(i) an affidavit‑in‑opposition is mandatory on the part of the respondents. If it is manifest from the writ petition itself that the c......al Powers Act and offences under other laws including the Penal Code are not and cannot be the grounds for preventive detention because for preventive detention grounds must be in conformity with the provisions of section 2(f) of the Special Powers Act. In the grounds of detention in the instant cas..
Category: Criminal Law | Date: | Hits: 104
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. ......en on it." Rule 2 of Order V of the Code is as under: "Every summon shall be accompanied by a copy of the plaint or, if so permitted, by a concise statement". From a reading of the above two provisions to me that copy of the plaint is an integral part of the summons. In other words, to cons..Category: Procedural Law | Date: | Hits: 100
Insab Ali (Md.) Vs. Magistrate (Abu Zafar) Jessore and others, 2010, 39 CLC (HCD)
.... 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. ......ared a seizure list on the direction of the respondent No.1, the Magistrate, Satkhira and deposited the same to the respondent No.3 the Assistant Commissioner, Customs, Satkhira without following the provisions of law which the impugned seizure is illegal and the same has been done without lawful au..Category: Criminal Law | Date: | Hits: 94
Shahnaj Begum Munni Vs. State and another, 2011, 40 CLC (HCD)
.... the Metropolitan Sessions Judge, Chittagong are quashed. Let a copy of this judgment be immediately transmitted to the Court below. Ed. This Case is also Reported in: 63 DLR (HCD) (2011) 279.......t it exceeds the amount arranged to be paid from that account by an agreement made with that bank, such person shall be deemed to have committed an offence and shall, without prejudice to any other provisions of this Act, be punished with imprisonment for a term which may extend to one year, or wi..Category: Criminal Law | Date: | Hits: 120
AKM Mazharul Haq Chowdhury Vs. Bangladesh and others, 2010, 39 CLC (HCD)
....directed to reinstate the petitioner in service within 30 days of receipt of copy of this judgment with back wages and other benefits. Ed. This Case is also Reported in: 63 DLR (HCD) (2011) 274. ......was in the midst of service and discharging his duties sincerely and diligently suddenly he was compulsorily retired from service vide the impugned order Annexure 'A' by the Respondent No.5 under the provisions of section 9(2) of the Public Servants (Retirement) Act, 1974. It is further stated that ..Category: Employment/Service Law | Date: | Hits: 157
Jalil and another Vs. Chairman, Court of Settlement and another, 1991, 20 CLC (HCD)
....ned property. The respondents are directed to put the petitioners in possession of the said house within 3(three) months from date. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 288.......ned property. The respondents are directed to put the petitioners in possession of the said house within 3(three) months from date. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 288...Category: Property Law | Date: | Hits: 90
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