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Abu Bakkar Siddique (Md.) and others Vs. Md. Abdur Rab Khandaker & others, 2010, 39 CLC (HCD)

....t admissible in evidence in civil suits". So it appears that use of papers and documents adduced in a criminal proceeding is discouraged in a civil proceeding specially when the same is relates to declaration of title or relates dispute in respect of any property. 14. In the present case in ha......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. ......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)

....তফসিল ঘোষনার অব্যবহিত পরেই উক্ত এলাকার ভোটার তালিকা সরবারাহ করিবে।” 13. With the declaration of election schedule the commission shall sent electoral roll to the con­cerned Returni......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. ......ent February 15, 2011. Result: Both the Rules are disposed of. Cases Referred to- Abul Kalam Shamsuddin Vs. Anti-Corruption Com­mission, 14 MLR (AD) 153; Basic Engineering Limited Vs. Bangladesh, 2006 (XIV) BLT (HCD) 328; Kazi Mukhlesur Rahman Vs. Bangladesh, 26 DLR (AD) 44. Lawy..

Category: Election Law | Date: | Hits: 217

Shamsul Huq Chowdhury Vs. Justice Md. Abdur Rouf & others, 1995, 24 CLC (HCD)

....er which was an office of profit in the service of Republic. 11. Mr. Abdul Wadud Khondker, the learned Additional Attorney General appearing for the Respondent No.3, submitted that without seeking declaration to the effect that the appointment of the respondent No.1 as a Judge of the Appellate Di......after having continuously served as the Chief Election Commissioner for about four years in violation of Constitutional provision is likely to shake the confidence reposed by the people regarding the independence of judiciary and sanctity associated with the Constitutional offices of the high order ...................Respondents Judgment July 27, 1995 Result: The Rule is discharged. Cases Referred to- AIR 1967 (Kerala) 259; 39 DLR (AD) 59; Writ Petition No.37 of 1987 (Not reported); Bangladesh Vs. Md. Habibur Rahman alias Manu, 31 DLR (AD) 152; Jamil Huq and others Vs. Bangladesh a..

Category: Constitutional Law | Date: | Hits: 353

Kazi Gowaherul Islam (KJ Islam) Vs. Standard Co-operative Credit Society Ltd and another, 1998, 27 CLC (HCD)

.... 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. ...... 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. ......n Adalat is not an ordinary civil Court. It is a civil Court of defined nature and only a financial institution or an organisation which has been given licence to act as financial institutions by the Bangladesh Bank can file a suit in the Adalat for realisation of any loan which is absent in the pre..

Category: Civil Law | Date: | Hits: 135

Shahidullah and others Vs. Lutfur Karim and others, 1997, 26 CLC (HCD)

....tance of the defendants calls in question the judgment decree dated 17-7–95 allowing Title Appeal No.88 of 1993 by the learned Subordinate Judge, Noakhali and decreeing Title Suit No.43 of 1991 for declaration that kabala deed No. 3467 executed on 28-6-1947 by Cherag Ali Pandit predecessor-in-inte......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. ......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. ..

Category: Procedural Law | Date: | Hits: 103

Saiful Islam Dilder Vs. Government of Bangladesh and others, 1998, 27 CLC (HCD)

....acial grounds which follows therefrom, both of which principles, like the right of self-determination, are imperative rules of law." 6. The learned Advocate read out to us also passage quoting the declaration of US Under Secretary for Foreign Affairs from Connecticut Journal of International Law ......ssion of the Organization of African Unity, held at Addis Ababa in the presence of 17 African Heads of State, that the United Nations “had widened the concept of the right of self-determination and independence, so as to cover the recognition of the lawfulness of the struggle carried on by such na......18. ..

Category: Constitutional Law | Date: | Hits: 421

Khalilur Rahman (Md.) and others Vs. Abdur Rahman Bhuiyan alias Zinnat Ali Bhuiyan & others, 1998, 27 CLC (HCD)

....9-9-78 and these were registered in the District Sub-Registrar’s Office, Comilla for which Title Suit No.117 of 1986 was instituted in the Court of the learned Assistant Judge, Sadar Chandpur for a declaration that the alleged deeds are illegal, forged collusive, without consideration and void. It......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. ......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. ..

Category: Property Law | Date: | Hits: 113

Samir Ali (Md.) and others Vs. Md. Atiar Rahman Dafadar and others, 1996, 25 CLC (HCD)

....istant Judge, Jessore, in Title Suit No.197 of 1986. 2. Facts necessary for the disposal of the Rule, may briefly be stated as follows: The plaintiffs‑petitioners filed the aforesaid suit for declaration of plaintiff's title to the suit land, described in the schedule to the plaint and for c......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. ......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. ..

Category: Property Law | Date: | Hits: 85

Kazi Mokhlesur Rahman Vs. Government of the People's Republic of Bangladesh and others, 1996, 25 CLC (HCD)

....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. ......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. ......…………………………………………………………………Petitioner Vs. Secretary, Ministry of Law, Justice and Parliamentary Affairs, Government of the People's Republic of Bangladesh and others………………………………………………Respondent Judgment ..

Category: Others | Date: | Hits: 212

Shahriar Rashid Khan and another Vs. Bangladesh, 1997, 26 CLC (HCD)

....Rahman respectively challenged the detention of the two accused (in custody), but in the prayer portion the petitioners challenged the validity of the aforesaid two criminal proceedings praying for a declaration that the aforesaid two criminal proceedings should be declared to have been instituted w......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. ......Supreme Court High Court Division (Special Original Jurisdiction) Present: Md. Mozammel Hoque J Md. Abdul Matin J Shahriar Rashid Khan..........................Petitioner Vs. Bangladesh represented by the Secretary, Ministry of Law and Parliamentary Affairs and others.........

Category: Criminal Law | Date: | Hits: 202

Shahajada Talukder Vs. Election Commissioner and others, 2003, 32 CLC (HCD)

.... by taking resort to fraud and forgery, while those were under the custody of the respondent No.5 and then on the plea of variation of voter number got the nomination papers rejected. Further, the declaration of the proforma respondent No.6 as the uncontested chairman by an antedated order and ...... 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.......akistan, AIR 1964 Cal 265, 272; Webb Vs. Minister of Housing and Local Government [1965] 2 All ER 193; Shear Vs. Shield, 1914 (AC); Imtiaz Ahmed Vs. Ghulam Ali, 15 DLR (SC) 283; Dr. Nurul Islam Vs. Bangladesh; 1981 BLD (AD) 140=33 DLR (AD) 201; Pratab Singh Vs. Shri Krishna Gupta and others, AIR..

Category: Election Law | Date: | Hits: 211

International Finance Investment and Commerce Bank Ltd. Vs. Chittagong Steel Mills Limited and another, 2002, 31 CLC (HCD)

....ourt, Chittagong. Eventually, this was transferred to the court of the Artha Rin Adalat and Subordinate Judge, Chittagong where it was renumbered as Other Class Suit No.21 of 1990. This suit is for a declaration that the plaintiff bank is no more liable for the 22 bank guarantees given to defendant ......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.......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)

....ond Court, Sadar Noakhali, in Title Suit No.69 of 1991. 2. The relevant facts for the disposal of this Rule, in short, are that the petitioner Ali Azam as plaintiff instituted the instant suit for declaration that the defendant is his benamder in respect of the land as described in the schedule o......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. ......ed their names, paid rent and have been possessing those land jointly. In 1970 the defendant joined as Accountant in a mill at Chittagong. Thereafter he joined as an officer in Trading Corporation of Bangladesh. They constructed their dwelling house in 1.25 acres of land in 1974 and have been living..

Category: Property Law | Date: | Hits: 103

Abdul Hannan Vs. Managing Committee, Mohamma­dia Market Baboshahi Bahu­mukhi Samabaya Samity Limited, 2000, 29 CLC (HCD)

....rket Baboshahi Bahumukhi Samobaya Samity Ltd. (hereinafter called the Society) instituted Title Suit No.238/99 in the 1st Court of Assistant Judge, Dhaka against the present petitioner and others for declaration that the election of the society held on 13‑12‑1997 is illegal, without any lawful a......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. ......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. ..

Category: Procedural Law | Date: | Hits: 124

Abdul Goni Kha Vs. Md. Abdul Aziz Azizur Rahman and others, 1996, 25 CLC (HCD)

.... District Judge, 1st Court Barisal in Title Appeal No.103 of 1982 reversing those dated 24‑5‑87 of the Munsif 2nd Court Barisal in Title Suit No.67 of 1976. 2. The plaintiff filed the suit for declaration of title in the suit land stating, inter alia, that Nazar Ali, predecessor of opposite p...... 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. ................Opposite Parties Judgment August 27, 1996 Result: The Rule is made absolute. Cases Referred to- Abdul Mannan & Ors Vs. Kulada Ranjan Mowali & Ors. 31 DLR (AD) 195; Bangladesh Vs. Haji Abdul Gani, 32 DLR (AD) 233; Abdul Khaleque Sarnamat Vs. Abdul Kkaleque Sarnamat..

Category: Property Law | Date: | Hits: 114

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.......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.......ourt High Court Division (Special Original Jurisdiction) Present: Md. Hamidul Haque J Salma Masud Chowdhury J Global Access Ltd..................................Petitioner Vs. Bangladesh and others…………….……………..Respondents Judgment January 25, 2003. ..

Category: Others | Date: | Hits: 174

Dr. Abida Sultana Bhuiyan Vs. Government of Bangladesh represented by the Secretary, Ministry of Home Affairs, and others, 2003, 32 CLC (AD)

....lice Station Kotwali, District Dhaka now detained in Dhaka Central Jail be set at liberty forthwith if he is not required in any other case. Ed. This Case is also Reported in: 55 DLR (2003) 430. ......lice Station Kotwali, District Dhaka now detained in Dhaka Central Jail be set at liberty forthwith if he is not required in any other case. Ed. This Case is also Reported in: 55 DLR (2003) 430. ......igh Court Division (Special Original Jurisdiction) Present: Md. Awlad Ali J Mir Hashmat Ali J Dr. Abida Sultana Bhuiyan...............................Petitioner Vs. Government of Bangladesh represented by the Secretary, Ministry of Home Affairs, and others…………………..

Category: Criminal Law | Date: | Hits: 104

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. ...... 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. ......4 purportedly under the direction of respondent No.1 and depositing those goods in the Customs Godown of respondent No.3 vide GR Case No.223 of 2007 dated 31-1-2007 so far as it relates to 205 litres Bangladeshi Mobile, 2,600 litres white Kerosene and 3800 litres diesel from the Serial Nos. 43, 44, ..

Category: Criminal Law | Date: | Hits: 94

Iqbal Hasan Mahmood Vs. State, 2008, 37 CLC (HCD)

....sonment for 1 (one) year more and also confiscating the proper­ties in the name of the appellant in favour of the state alleged to be disproportionate to his legal source of incomes. 3. After the declaration of the state of Emergency on 3rd February, 2007 the appellant was arrested by the law En......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. ......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. ..

Category: Criminal Law | Date: | Hits: 125

Yasinullah Vs. State, 2003, 32 CLC (HCD)

....the Police reports he would accept after considering the entire circumstances and facts of the case. The Rule is accordingly discharged. Ed. This Case is also Reported in: 55 DLR (2003) 393. ......the Police reports he would accept after considering the entire circumstances and facts of the case. The Rule is accordingly discharged. Ed. This Case is also Reported in: 55 DLR (2003) 393. ......t January 6, 2003. Result: The Rule is discharged. Cases Referred to- Md. Golam Mortuza Vs. State, 28 DLR 115; Ali Akkas Vs. Enayet Hossain and others, 1997 BLD (AD) 44=2, BLC (AD) 16; Bangladesh Vs. Tan Kheng Hock, 31 DLR (AD) 69; Mobashwir Ali and others Vs. State, 1994 BLD 566=46, ..

Category: Criminal Law | Date: | Hits: 86