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Nitai Kumar Mondol Vs. Judge, Artha Rin Adalat, and another, 2008, 37 CLC (HCD)
....In view of the discussions made above and the preponderant judicial views emerging out of the authorities referred to above, we are of the view that since 9-8-2006, the petitioner being fugitive from justice is not entitled to get any relief from the High Court Division in this writ petition. Conseq...... him into jail. Office is directed to communicate the order at once with a copy of Judgment for information and necessary action. Ed. This Case is also Reported in: 62 DLR (HCD) (2010) 446. ..Category: Civil Law | Date: | Hits: 140
Nrependra Nath Saha and anothers Vs. Haripada Saha & another, 2009, 38 CLC (HCD)
....ahim Mollah, the learned Advocate for the petitioners submitted that the Courts below erroneously passed their Judgments in clear violation of Hindu Mitakhara law, which should be set aside to ensure justice. In course of his argument the learned Advocate for the petitioners placed before me the Jud......e is made absolute. The Judgments and decrees of the Courts below are hereby set aside. Send down the lower Court records at once. Ed. This Case is also Reported in: 62 DLR (HCD) (2010) 438. ..Category: Property Law | Date: | Hits: 83
Abu Bakkar Siddique (Md.) and others Vs. Md. Abdur Rab Khandaker & others, 2010, 39 CLC (HCD)
....ithout considering the facts and circumstances and provision of law most illegally and in an arbitrary manner decreed the suit and thereby the Courts below committed an error occasioning failure of justice. She submits that both the Courts below misread the evidence as well as misinterpreted the......cted some Kutcha huts over the suit land; that the petitioner filed additional written statement dated 17-10-1993 which was recorded in the file. 6. Both the parties adduced evidence both oral and documentary. The trial Court after hearing the parties and considering the facts and circumstances..Category: Property Law | Date: | Hits: 90
Kartic Das Gupta Vs. Election Commission and others, 2011, 40 CLC (HCD)
....to the supplementary affidavit he contends that the petitioner has annexed the new notification by way of supplementary affidavit. Accordingly, he submits that this Hon'ble Court for the cause of justice may consider the subsequent events. In support of the said contention the learned Advocate h......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. ..Category: Election Law | Date: | Hits: 217
Hasina Khatoon and another Vs. Md. Samsur Rahman and others, 1997, 26 CLC (HCD)
....icity of suits and conflict of decisions. This rule empowers the court to implead any person as a party even suo motu under certain circumstances when it is found necessary for advancing the cause of justice. The expression “at any stage of the proceeding" confers a wide discretion on the court in......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. ..Category: Property Law | Date: | Hits: 94
Shamsul Huq Chowdhury Vs. Justice Md. Abdur Rouf & others, 1995, 24 CLC (HCD)
....e policy aiming at the realisation through the democratic process of a socialist society free from exploitation, a society in which the rule of law, fundamental human rights and freedom, equality and justice, political, economic and social will be ensured for all citizens. It is the sacred duty of t......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...Category: Constitutional Law | Date: | Hits: 353
....the Code of Civil Procedure. It provided that nothing in this Code shall be deemed to limit or otherwise affect the inherent power of the Court to make such orders as may be necessary for the ends of justice or to prevent abuse of the process of the Court. The continuation of the suit before the Art...... 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.
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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. ...... not consider it necessary to look into this question at all and, as such, the funding of fact of the trial Court as to possession stands unreversed and unrebutted. This being the position and the document having been executed and registered in 1947 and the suit having been filed on 01-8-91 the s..Category: Procedural Law | Date: | Hits: 103
Saiful Islam Dilder Vs. Government of Bangladesh and others, 1998, 27 CLC (HCD)
....in the event of violation or threatened violation of their any legal or constitutional rights whose abject poverty, illiteracy and socially disadvantaged position bar access to Court for redress of injustice, and the petitioner or his organisation fails to satisfy that he or his organisation has con...... 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. ..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.
......s, which were done by him, in favour of opposite parties 1-3 and, as such, the petitioner is not entitled to get an order of pre-emption.
4. Before the trial Court both the sides produced oral and documentary evidence in support of their respective cases. The learned Subordinate Judge by his impu..
Category: Property Law | Date: | Hits: 113
.... stated that this relieving 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 ......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.
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Category: Others | Date: | Hits: 212
Shahriar Rashid Khan and another Vs. Bangladesh, 1997, 26 CLC (HCD)
....the laws without, in any way, affecting the judicial power to interpret the Constitutional Provision, which cannot be denied so long as the Court exists. Here I would add the admirable words of Chief justice Hughes of the Supreme Court of the United States of America. We are under a Constitution, bu......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. ..Category: Criminal Law | Date: | Hits: 202
Shahajada Talukder Vs. Election Commissioner and others, 2003, 32 CLC (HCD)
....ected. This is my conception of the functions of a public officer. He is not to govern but to serve and he has to discharge his duties in a manner most consistent with the proper administration of justice. I must confess that having dealt with technicalities for more than forty years, out of...... 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...Category: Election Law | Date: | Hits: 211
....Artha Rin Adalat clearly erred in law in passing the impugned order on an erroneous view of the true import of Order 1 rule 10(2) of the Code of Civil Procedure and the same has occasioned failure of justice.
9. Mr. Syed Ishtiaq Ahmed, the learned Counsel appearing for the opposite parties, espou......the learned Subordinate Judge and 2nd Artha Rin Adalat and Commercial Sub‑Judge Court, Chittagong for his information and necessary action.
Ed.
This Case is also Reported in: 55 DLR (2003) 417...
Category: Civil Law | Date: | Hits: 101
Ali Azam Vs. Md. Majibullah, 2002, 31 CLC (HCD)
....The order of stay granted earlier by this court at the time of issuance of the Rule is hereby vacated. Send down the LC Records at once. Ed. This Case is also Reported in: 55 DLR (2003) 412. ......the suit only to grab the entire property so the same suit is liable to be dismissed. 4. The plaintiff examined 10 witnesses and the defendant examined witnesses and both the parties produced some documentary evidence in support of their respective claims. 5. The trial Court by its judgment an..Category: Property Law | Date: | Hits: 103
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. ......uires the right to possess, and to enjoy the usufruct of such holding or portion or share thereof for a specified period in lieu 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 ..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. ......azine and 5 rounds of ammunition from inside the travel bag kept under the chowki in the shop. The accused appellant Matin could not give any satisfactory explanation and neither could show any valid document in respect of the said arms and ammunition the arms and ammunition were seized and seizure ..Category: Criminal Law | Date: | Hits: 74
Nasiruddin (Hazi Md.) Vs. Md. Mozammel Hossain and others, 2010, 39 CLC (HCD)
....08 sought such transfer of the appeal, which was rejected by the impugned order. Hence the Rule. 3. The learned Advocate appearing for petitioner submits that for the cause of fair and impartial justice the appeal should be tried either by the District Judge or by any other Court, but the Court......spose of the appeal within two months from the date of receipt of this order. Office is directed to communicate the order at once. Ed. This Case is also Reported in: 63 DLR (HD) (2011) 303. ..Category: Procedural Law | Date: | Hits: 108
Global Access Ltd. Vs. Bangladesh and others, 2003, 32 CLC (HCD)
....ty. So, we do not find anything which can be considered as mala fide. In the result, the Rule is discharged without any order as to costs. Ed. This Case is also Reported in: 55 DLR (2003) 433.......e disregard of the opinion given by the three members of the Technical Committee the respondent No.7 decided to open all financial bids in violation of the terms and conditions of the impugned tender documents. The respondent No.7 then issued a work order on 22‑9‑2002 unlawfully awarding the con..Category: Others | Date: | Hits: 174
Iqbal Hasan Mahmood Vs. State, 2008, 37 CLC (HCD)
....on the Medical Board stated as under: the satisfaction of the learned Chief Metropolitan Magistrate Dhaka. Communicate the order. Ed. This Case is also Reported in: 63 DLR (HD) (2011) 286. ......ealth statement and he was compelled to submit the said statement of assets under a very difficult situation within 72 hours when he was kept under detention in Jail custody without having sufficient document with him to give particulars of assets. The convict-appellant has been suffering from c..Category: Criminal Law | Date: | Hits: 125
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