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....‘96 under the heading ‘Khulna District’ Serial No.246, page 9764(32) is passed without lawful authority and is of no legal effect.
Ed.
This case is also Reported in: 49 DLR (HD) (1997) 108.
......…………………………………………………………………………………Petitioner
Vs.
Bangladesh, through the Secretary, Ministry of Housing and Public Works Department, Government of the peoples republic of Bangladesh and others…………………………….Responde......conclusive evidence of the fact that the buildings included therein are abandoned property and vested in the Government.
9. The purpose of Presidents Order 16 of 1972 is to make provisions for the management, control and disposal of certain property abandoned by certain persons who are not presen..
Category: Limitation Law | Date: | Hits: 175
Dr. Ahmed Sharif Vs. State and another, 1994, 23 CLC (HCD)
....f this Court. 9. Mr. Syed Matiul Islam, Assistant Attorney‑General along with Mr. Md. Abdur Rouf, Assistant Attorney‑General assisted by Mr. Md. Shamsul Huda the learned Advocate, on the other hand, cited a decision in the case of Dr. Muzzammel Huq Chowdhury Vs. Chief Martial Law Adminstrator......nd 298 of the Penal Code against the accused petitioner on an allegation that the petitioner who is a true Muslim has been scandalised by the statement of the petitioner on 21-10-92 while Âpresiding over a seminar organised by Swandesh ÂChinta Shangha. In his presidential address it is stated the ......a. Communicate this order to the Chief Metropolitan Magistrate, Dhaka and Sadar Magistrate Court, Gopalganj for compliance at once. Ed. This case is also Reported in: 49 DLR (HD) (1997) 100. ..Category: Criminal Law | Date: | Hits: 70
Sharifuddin (Md.) Vs. Md. Mofizuddin Sarker and others, 1994, 23 CLC (HCD)
....°à¦¿à¦¶à§‹à¦§à§‡à¦° অঙà§à¦—ীকার করেছেন à¦à¦¬à¦‚ সূদ মউকà§à¦«à§‡à¦° আবেদন করেছে ।†6. Mr. Habibul Islam Bhuiyan, however, on the other hand, submits that the appellate Court rightly held that the opposite party No.2 was disqualified un...... of the candidates objection was raised on the validity of the candidature of Opposite Party No.2 Mr. Faizur Rahman on the ground that he incurred disqualification under section 7(2)(g) of the Local Government (Union Parishads) Ordinance, 1983 and was a defaulter in payment of the loan taken from So......s. The authority concerned is directed to take expeditious step for holding re-election in view of the term office of the chairman. Ed. This Case is also Reported in: 49 DLR (HD) (1997) 86. ..Category: Election Law | Date: | Hits: 148
Sk. Helal Uddin and another Vs. State, 2010, 39 CLC (HCD)
.... 16 MLR (HCD) (2011) 286, 16 BLC (HCD) (2011) 444, 8 LG (2011) HCD 342. ......on 27(1) of the Anti-Corruption Commission Act, 2004 read with section 109 of the Penal Code against appellant No. 2, Rupa Chowdhury. 11. As the trial was held in absentia, the charge was not read over to the appellants. During the trial, the prosecution examined as many as 26 P.Ws. Again, as ......ective appellants. The office is directed to send down the L.C. Records immediately. Ed. This Case is also Reported in: 16 MLR (HCD) (2011) 286, 16 BLC (HCD) (2011) 444, 8 LG (2011) HCD 342. ..Category: Criminal Law | Date: | Hits: 108
Sultan Ahmed Vs. Golam Mostafa alias Dulal and others, 1987, 16 CLC (HCD)
.... public servant under the proviso to the sec. 247 of the Cr. P.C., had only passed the order "not admitted." The learned Magistrate did not even care to reject the petition with reasons. On the other hand it is pointed out the learned Magistrate granted time to the opposite parties on 16.6.85, thoug....... 2,000/- each to the Magistrate concerned for keeping peace for a period of one year from this date. Send down the records at once. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 219........ 2,000/- each to the Magistrate concerned for keeping peace for a period of one year from this date. Send down the records at once. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 219...Category: Criminal Law | Date: | Hits: 70
Md. Abdu Mia Vs. The Election Commission & others, 1988, 17 CLC (HCD)
....for both Chairman and members simultaneously and no piecemeal election of cither for the office of Chairman or the members has been permitted to hold under the said election Rules. 5. On the other hand Mr. Amir Hossain, the learned Advocate appearing for the Respondent No.3 submits that Rule 25 c......ion did not submit such result to the Returning Officer. His furÂther case is that in the orderly fresh poll held on 10.4.88, in pursuance of Annexure 'C, he polled 1291 votes out of 1346 voles. Moreover the petiÂtioner himself also participated in the fresh poll held on 10.4.88. But he having bee......rdingly, the Rule is discharged without, howevÂer, any order as to cost. The Slay order passed on 12.7.88 hereby stands vacated. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 215. ..Category: Election Law | Date: | Hits: 161
Jn. Md. Saleh Ahmed Khan Vs. Government of Bangladesh & others, 1989, 18 CLC (HCD)
.... without jurisdiction and without lawful authority. In the result, the Rule Nisi is made absolute but without any order as to costs. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 210....... High Court Division (Dhaka Bench) (Special Original Jurisdiction) Present: Mustafa Kamal J Nurul Huque Bhuiyan J Jn. Md. Saleh Ahmed Khan....................Petitioner Vs. Government of Bangladesh representÂed by the Additional Secretary-in-Charge Rural Development & ......l general meeting of the samity was held on 4.3.86 and a new Managing Committee comprising of 12 Directors, including the petitioner as Chairman, was elected. The new Managing Committee look over the management of the society with effect from 7.3.86. Out of 18 Directors of 1984 Managing Committee, o..Category: Civil Law | Date: | Hits: 87
Mostofa Kamal Vs. B. D. Habibullah & others, 1988, 17 CLC (HCD)
....s) and AIR 1937 Allahabad 365 (Nawal Kishore Agarwala Vs. Municipal Board, Gorakhpur and others). 6. Mr. Md. Abdus Sobhan, the learned AdvoÂcate appearing for the opposite party No.1 on the other hand, denies that it is an election dispute as acÂcording to him the order of the Election CommisÂ...... election petition as the result of the elecÂtion has not yet been declared in the official Gazette and that the Civil Court has jurisdiction to examine into cases where the provisions of the Local GovernÂment (Union Parishads) Ordinance, 1983 (hereinafter referred to as the said Ordinance) have n......o cost. The impugned order passed by the learned Assistant Judge is set aside and the plaint in Title Suit No. 87 of 1988 is rejected. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 197. ..Category: Election Law | Date: | Hits: 207
....aman, Rashiduzzaman and Sinku Akramuzzaman who have jointly set up an office for their various businesses in the said house and have also been usÂing part of it in storing equipments and other merÂchandise connected with their businesses. The petiÂtioner has been paying rent regularly to the Gove......High Court Division
(Dhaka Bench)
(Special Original Jurisdiction)
Present:
Mustafa Kamal J
Nurul Huque Bhuiyan J
Begum Lutfunnessa.........................Petitioner
Vs.
The Government of BanglaÂdesh represented by the SecreÂtary, Ministry of Works, Dhaka & others...........tioner may avail of any other alternative remedy as advised.
The Rule is, therefore, discharged but without any order as to costs.
Ed.
This Case is also Reported in: 41 DLR (HCD) (1989) 193.
..
Category: Property Law | Date: | Hits: 171
Major (Retd.) Mohammad Afsaruddin Vs. Kamal Rahman, 1989, 18 CLC (HCD)
....this Court, because it is an established law that amendÂment of the pleadings can be allowed at any stage. 8. Mr. S.R. Pal learned Advocate for the plainÂtiff-opposite party submits on the other hand that the proposed amendment is an instance of inconsistent pleading. It is the case of the peti......ce between an amendment of the plaint and that of written statement in the following words- "It is to be noted that amendment of a plaint and amendment of a written statement are not necessarily governed by exactly the same principles. Some important general principles are no doubt common to bot......the above reasons we do not find any ground to interfere. In the result, the Rule is discharged but without any order as to costs. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 190. ..Category: Property Law | Date: | Hits: 58
Shahabuddin Ahmed Vs. Upazila Election Officer, Bakerganj & others, 1988, 17 CLC (HCD)
.... the revised edition of 5 DLR and the case of Karim Gul Vs. Shahzad Gul reported in PLD 1968 Peshawar, 134, Mr. Hemayetuddin Ahmed, the learned Advocate for the opposite party No.1 and 4 on the other hand submits that in absence of any formal defect there was no scope for the learned Assistant Judge......tion thereof, to dispose of the defendant's prayer for rejection of the plaint. Let the lower Court record be sent down forthwith. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 188. ......tion thereof, to dispose of the defendant's prayer for rejection of the plaint. Let the lower Court record be sent down forthwith. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 188. ..Category: Election Law | Date: | Hits: 152
Siddiqur Rahman and others Vs. Abdul Jalil Meah and others, 2009, 38 CLC (AD)
....ents Order November 17, 2009. Result: Leave is granted Lawyers Involved: Mahbubey Alam, Senior Advocate, instructed by Mrs. Sufia Khatun, Advocate-on-Record-For the Petitioners. Khandoker Mahbubuddin Ahmed Senior Advocate (M.A, Azim Khair, Advocate with him), instructed by Zainu......petition for leave to appeal in respect of the judgment and order dated 02.07.2009, passed by the High Court Division in Civil Revision No.1553 of 1997, in decreeing the suit for declaraÂtion and recovery of Khas possession. 2. The facts leading to the filing of this petition are that the respon......are the paper-books out of Court in accordance with Rules. The parties are directed to maintain status quo till disposal of the appeal. Ed. This Case is also Reported in: VIII ADC (2011) 1002...Category: Property Law | Date: | Hits: 49
Ministry of Communication and others Vs. Md. Ferozur Rahman & ors, 1991, 20, CLC (HCD)
....it the licence has been already granted to a third party who is in possession. 6. Mr. Syed Ishtiaq Ahmed, the learned Counsel appearing for the plaintiff‑respondent No.1, submitted, on the other hand, that this is not a mere question of revocability of the contract which is not to be specifical...... submitted, on the other hand, that this is not a mere question of revocability of the contract which is not to be specifically enforced but it is a question of an arbitrary exercise of power by the Government authority in exercise of the sovereign power of the State in the Ministry of Commerce and ...... Rule No. 15 (FM) of 1991 is disposed of accordingly. In the facts and circumstances of the case, there will be no order as to costs. Ed. This case is also reported in: 45 DLR (HCD) (1993) 762. ..Category: Civil Law | Date: | Hits: 72
Kabir and others Vs. State, 1991, 20 CLC (HCD)
....e sent back to the police. 17. P.W.13 Abdur Rob Bhuiyan, who partly investigated into the case and submitted charge sheet. He stated that on 12.8.88 he was at Begumganj Police Station. He knew the hand writing of Abdus Salam who filled up the First Information Report form and he also knew the sig......that daroga sahab seized a green coloured saree in his presence. The same has been marked as material Ext. 4/5. In cross‑examination he stated that he had a shop at Bangla Bazar and Daroga Saheb recovered a saree from the place situated at a distance of ½ mile from the place of occurrence. He den...... against them. They may be set at liberty at once if not wanted in connection with any other case. Send down the records immediately. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 755. ..Category: Criminal Law | Date: | Hits: 76
Shafiuddin Sarwar Vs. Dhaka Club Limited and others, 1993, 22 CLC (HCD)
....ason stated above the Rule is discharged without any order as to costs. Let the order be communicated to the Courts below at once. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 753. ......ason stated above the Rule is discharged without any order as to costs. Let the order be communicated to the Courts below at once. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 753. ...... the leaned District Judge. Mr. Rokanuddin Mahmud, the learned Advocate for the opposite party, submits that it is well settled principle that generally the Court will not interfere with the internal management of a company. Further, he submits, there is distinction between companies limited by shar..Category: Civil Law | Date: | Hits: 87
Siddiqur Rahman Vs. State, 1988, 17 CLC (HCD)
.... ingredients of the alleged offence under Section 6 of Act 1 of 1956 or Section 25 of the Special Powers Act 1974. Mr. Gazi Siddique Ahmed, the learned AdÂvocate appearing for the State on the other hand subÂmits that the offence committed by the accused apÂpellant is of serious nature from the n......ofÂfence under Section 6 of Act I of 1956 read with S. 25 Special Powers Act, 1974 within the cogÂnizance of this Court. And I thereby try you on the said accusation. That the accusation is read over to the accused No.1 in Bengali and he pleaded not guilty and claims to be tried and in absentia......against him. We direct that the appellant be set at liberty at once, if not wanted in any other case. Send down the records at once. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 173. ..Category: Criminal Law | Date: | Hits: 74
Al-haj Abdul Aziz Vs. Kalipada Das & others, 1988, 17 CLC (HCD)
..... 3. Including the parties 2 P.Ws. and 2 O.P.Ws. have been examined at the time of hearing. P.W.1 Kalipada Das is a son of Hara Mohan Das. P.W.2 Haripada Das is the alleged informant. On the other hand, O.P.W.1 Alhaj Abdul Aziz Howlader is the opposite-party himself and O.P.W.2 Abdul Hashem is an......sis of such a decision calls for no interference in revision. In the result, the Rule is discharged without any order as to costs. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 170. ......sis of such a decision calls for no interference in revision. In the result, the Rule is discharged without any order as to costs. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 170. ..Category: Procedural Law | Date: | Hits: 65
Shahabuddin Ahmed Vs. Upazila Education Officer, Bakerganj & others, 1988, 17 CLC (HCD)
.... the revised edition of 5 DLR and the case of Karim Gul Vs. Shahzad Gul reported in PLD 1968 Peshawar, 134. Mr. Hemayetuddin Ahmed, the learned Advocate for the opposite party No.1 and 4 on the other hand submits that in absence of any formal defect there was no scope for the learned Assistant Judge......ion thereof, to dispose of the defendant's prayer for rejection of the plaint. Let the lower court record be sent down forth with. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 168. ......ion thereof, to dispose of the defendant's prayer for rejection of the plaint. Let the lower court record be sent down forth with. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 168. ..Category: Election Law | Date: | Hits: 206
Ayub Ali (Md) Vs. Abdul Khaleque, 2004, 33 CLC (HCD)
....ul Khaleque, Sub-ÂInspector of Narcotics and Liquor Department, Chittagong, apprehended him and recovered from his possession one gallon of hilly liquor which he held in a polythene bag in his right hand. He seized the same in presence of witnesses under a seizure list prepared by him and obtained ......oving suspiciously on the road at Fringi Bazar area of the Chittagong town on 24‑10‑89, PW 1 Abdul Khaleque, Sub-ÂInspector of Narcotics and Liquor Department, Chittagong, apprehended him and recovered from his possession one gallon of hilly liquor which he held in a polythene bag in his right ......Court below to undergo the remainder of the punishment and sentence. Sent down the LCR along with a copy of this judgment expeditiously. Ed. This Case is also Reported in: 56 DLR (2004) 489. ..Category: Criminal Law | Date: | Hits: 87
Kamaluddin and others Vs. Abdul Aziz (Md.) and others, 2004, 33 CLC (HCD)
....d Subordinate Judge committed serious error in believing and acting upon such story of exchange. 16. Mr. Nowshad Zamir, learned Advocate appearing on behalf of respondent Nos. I to 4, on the other hand, tried to defend the judgment and submitted that though learned Subordinate Judge rejected thei......hat the exchange deed was sham and that he did not get possession of the exchanged land. He could not remember who witnessed the exchange document. He further said that the exchange deed was not read over to him nor could he have read the deed. Lastly, he denied that the exchange was fake and/or sha......e trial Court. The respondents would be entitled to withdraw the money deposited in Court by the preemptors. Send down the record at once. Ed. This Case is also Reported in: 56 DLR (2004) 485...Category: Property Law | Date: | Hits: 71
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