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Sadia Chowdhury Parag Vs. Chairman, Film Censor Board & others, 2003, 32 CLC (HCD)
.... why the certificate issued by him for exhibition of the film "Hason Raja" should not be suspended till hearing of the Rule: B) Direct respondent No.1 to certify and transmit the records and other relevant documents to this Hon'ble Court for their perusal by their Lordships: C) Restrain by an ......r as to cost. The Producer and Director of the film "Hason Raja'' is at liberty to release/screen the film without any hindrance from anyone. Ed. This Case is also Reported in: 55 DLR (2003) 445.......be suspended till hearing of the Rule as prayed for. Release of the film was stayed for 4 (four) weeks by order dated 14‑12‑2002. 2. On a reference to the prayer we have noticed a very unusual and curious phenomenon i.e. prayer (A) was couched/made in the manner as follows: "A) Issue a Rul......certificate issued by him for exhibition of the film "Hason Raja" should not be suspended till hearing of the Rule: B) Direct respondent No.1 to certify and transmit the records and other relevant documents to this Hon'ble Court for their perusal by their Lordships: C) Restrain by an order of ..Category: Civil Law | Date: | Hits: 210
Moti Miah Vs. Ful Miah and others, 2008, 37 CLC (HCD)
....Send down the lower Court records along with a copy of the Judgment and order to the Court concerned. Ed. This Case is also Reported in: 62 DLR (HCD) (2010) 447; 13 MLR (HCD) (2008) 279. ......Send down the lower Court records along with a copy of the Judgment and order to the Court concerned. Ed. This Case is also Reported in: 62 DLR (HCD) (2010) 447; 13 MLR (HCD) (2008) 279. ......CD) (2008) 279. ......gally from it by the defendants for which the present suit was filed within time and the trial Court ought to have decreed the suit in favour of the plaintiff. He submits that the rent receipts being documents of possession were produced before the Court as exhibits, showing the possession of the pl..Category: Property Law | Date: | Hits: 121
Syeda Sajeda Chowdhury Vs. State, 2010, 39 CLC (HCD)
....d 1-8-2002, now pending in the Court of Divisional Special Judge, Dhaka should notbe quashed and/or pass such other or further order ororders as to this Court may seem fit and proper. 2. The facts relevant for disposal of the rule, in short, are that the Government through the Bureau of Anti-Corr......002 now pending in the Court of Divisional Special Judge, Dhaka is quashed in respect of the petitioner only. Ed. This Case is also Reported in:62 DLR (HCD) (2010) 441; 18 BLT (HCD) (2010) 249. ......okanuddin Mahmud, Senior Advocate with Mohammad Mutahar Hossain, Advocate - For the Accused-Petitioner. Md. Motahar Hossain, Deputy Attorney-General with Mahbub-ul-Alam, Assistant Attorney-General and Md. Bashir Ullah, Assistant Attorney-General - For the State. Md. Khurshid Alam Khan, Advocat......plot or not it cannot be decided by this Court in the forum of section 561A of the Code of Criminal Procedure. It can only be decided at the time of trial on examining the witnesses and examining the documents. 7. The learned Deputy Attorney General appearing for the State submits that since ther..Category: Criminal Law | Date: | Hits: 137
Wahed Asgar Chowdhury Vs. Judge 2nd Artha Rin Adalat & others, 2010, 39 CLC (HCD)
....n Case No.215 of 2004 now pending in the Artha Rin Adalat No.1, Chittagong be declared to be unlawful and not maintainable at all. Ed. This Case is also Reported in: 63 DLR (HCD) (2011) 331. ......n Case No.215 of 2004 now pending in the Artha Rin Adalat No.1, Chittagong be declared to be unlawful and not maintainable at all. Ed. This Case is also Reported in: 63 DLR (HCD) (2011) 331. ......n the order No.69 dated 13-5-1998 passed by the 2nd Artha Rin Adalat, Chittagong in Mortgage Suit No.6 of 1988 making the preliminary decree dated 29-8-1991 final, the said decree signed on 23-6-1998 and also the Execution Case No.215 of 2004 started on the basis of that final decree dated 23-6-1998......dent banks by way of equitable mortgage along with other fixed and floating assets and as the respondent No.12 Bangladesh Shilpa Bank provided the foreign currency portion of the loan facility, the documents of the said properties were deposited with respondent No.12 for and on behalf of respond..Category: Civil Law | Date: | Hits: 134
Abu Bakkar Siddique (Md.) and others Vs. Md. Abdur Rab Khandaker & others, 2010, 39 CLC (HCD)
....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. ......herein it has been held by the Division Bench of the then Dhaka High Court as follows: "The findings of criminal Courts are not 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...... Ed. This Case is also Reported in: 63 DLR (HD) (2011) 326. ......oner raised the question of misreading of evidence as well as misinterpretation of law. 13. On perusal of the impugned judgment and decree it appears that the Courts below mostly relied upon the documents of a criminal proceeding. In the case Mamud Raja Bhuiyan Vs. Md. Lal Miah reported in 40 D..Category: Property Law | Date: | Hits: 90
Kartic Das Gupta Vs. Election Commission and others, 2011, 40 CLC (HCD)
....ট উপস্থাপন করবেন।” 24. During the course of scrutinzation adopting special method out of 62509, who filed in the said special form, 45866 forms were cancelled. The relevant “ছক-(১)” covering district Cox’s Bazar is quoted herein below- ......ation dated 2-12-2010 the Commission having decided to hold the election of 4(four) Paurashava of Cox's Bazar district declared the schedule with time frame for stages such as submitting nomination papers, withdrawal of nomination paper and the date of election. The petitioner has challenged the s...... High Court Division (Special Original Jurisdiction) Present: Farah Mahbub J Farid Ahmed J Kartic Das Gupta……………………………Petitioner Vs. Election Commission and others……………………………Respondents Judgment February 15, 2011. Result: ......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)
.... under rule 10(2) of Order 1 of the Code of Civil Procedure is, no doubt, one of judicial discretion but such discretion has to be exercised according to sound judicial principles keeping in view all relevant facts and circumstances of the case. Order 1 rule 10(2) CPC provides for addition of "neces......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. ......this order. Ed. This Case is also Reported in: 49 DLR (HD) (1997) 187. ......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)
....ividuals known as Cabinet who constitute the Government. In a different political set up, different considerations will arise and we are not concerned with them as the Bangladesh Constitution, at the relevant time, set up a parliamentary form of democratic government.” 24. In the case of Jamil ......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.......ule 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 and others, 34 DLR 125; Halsbury's Laws of Engladcsh (3rd Edition Vol-III ......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
Shahidullah and others Vs. Lutfur Karim and others, 1997, 26 CLC (HCD)
.... relied on a decision in the case of Kamod Singh Vs. Khemkaran reported in AIR 1927 (Nagpur) 260 wherein it was held by his Lordships AJC that: (a) It is the duty of a court to get hold of all the relevant evidence there may be and to examine it giving of course due weight to any circumstance att......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. ......d down the record at once. Ed. This Case is also Reported in: 50 DLR (1998) 328. ......fficer (SR) himself; being the husband of a sister’s daughter of Cherag Ali. Not only that, it is seen from the records that Cherag Ali was also exempted previously from putting thumb impression on documents executed and registered in 1918 and 1950 and when his son P.W.1 Lutful Karim was confronte..Category: Procedural Law | Date: | Hits: 103
Hifzur Rahman and 2 others Vs. State, 1995, 24 CLC (HCD)
.... in this matter is necessary as the Magistrate has been empowered under section 190 of the Code of Criminal Procedure to take cognizance of any offence as has been done in the present case. 7. The relevant section 190 of the Code of Criminal Procedure is as follows: “190. (1) Except as herei......plication. The Rule is accordingly discharged. The order of stay passed earlier is hereby vacated. Send down the record at once. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 325. ...... Case is also Reported in: 50 DLR (HCD) (1998) 325. ......plication. The Rule is accordingly discharged. The order of stay passed earlier is hereby vacated. Send down the record at once. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 325. ..Category: Criminal Law | Date: | Hits: 102
Saiful Islam Dilder Vs. Government of Bangladesh and others, 1998, 27 CLC (HCD)
....hreatened by war or external aggression or internal disturbance. In that case of M Saleemullah the learned Judges have observed: “For the purpose of disposal of this petition Article 25(1)(b) is relevant. Our reading of this sub-Article Vis-a-Vis Chapter VII of the UN Charter and the Resolution...... 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. ......e Court High Court Division (Special Original Jurisdiction) Present: AM Mahmudur Rahman J Zakir Ahmed J Saiful Islam Dilder………….Petitioner Vs. Government of Bangladesh and others…………Respondent Judgment February 16, 1998. Result: The writ petition i...... 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
....ndent sales. It has been held that the scheme of section 96 of the Act would show that the intention of the legislature is also very clear on this point. The learned Judges after consideration of the relevant laws, including the Code of Civil Procedure, ultimately came to the decision that an applic......s also the case of the petitioner-respondent that he came to know of these kabalas on 10-5-90 and then on obtaining certified copies filed the case within 5 days, that is, on 15-5-1990. Excepting the papers of Title Suit No.117 of 1986 nothing has been produced to show that this petitioner-responden......so Reported in: 50 DLR (HCD) (1998) 311.
......hab Miah, the learned Advocate appearing on behalf of the petitioner-respondent, placing section 24(1) of the Non-Agricultural Tenancy Act submits that this section clearly indicates that for several documents for pre-emption, one case may be filed and there is no bar in it and in support of his sub..
Category: Property Law | Date: | Hits: 113
....ns or guidelines or administrative orders are there for appointment of the Government Pleader and Public Prosecutor and also some provisions have been laid down for conducting the cases and for other relevant and ancillary matters in connection with the Government cases the said provisions of the LR......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.
......Mozammel Hoque J
Md. Abdul Matin J
Kazi Mokhlesur Rahman……………………………………………………………………Petitioner
Vs.
Secretary, Ministry of Law, Justice and Parliamentary Affairs, Government of the People's Republic of Bangladesh and others…………......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.
..
Category: Others | Date: | Hits: 212
Shahriar Rashid Khan and another Vs. Bangladesh, 1997, 26 CLC (HCD)
....ed to be promulgated either under Martial Law Proclamation or under the Constitution, but he termed it as a contractual legislation which was made by the highest source of law giving authority at the relevant time. As such it must be taken as a valid law which had been ultimately n1ade a part of the......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. ...... 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.................................Respondents (In Writ Petition N......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
Habibur Rahman Mondal (Md.) and others Vs. State and another, 2010, 39 CLC (HCD)
....hat sanction is necessary at the time of submitting investigation report to the Court; and without such a copy of sanction, no Court shall take cognizance of the offences alleged. Section 32 is relevant for filing a case before the Court as distinguished from the lodgment of the first informat......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. ......smitted to the Court below without delay Ed. This Case is also Reported in: 63 DLR (2011) 23. ......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. ..Category: Criminal Law | Date: | Hits: 101
Shahajada Talukder Vs. Election Commissioner and others, 2003, 32 CLC (HCD)
....en corrected. In this regard we may take note of the circular No. নিকশ/স্বাঃ নিঃ-১/ইঃ পঃ/১(১)/২০০২/১৯৫৮(৩৩৬৪) dated 27‑11‑2002, the relevant portion of which is quoted specifically provides that even for variation of their nature, ......ar and respected leader in the locality and served as Chairman of the Deula Union Parishad, Borhanuddin Upazila, Bhola, for last two consecutive terms and on 31‑12‑2002 he filed two nomination papers one on 23‑12‑2002 and the other on 31‑12‑2002 for the post of Chairman of Deula Unio......vision (Special original Jurisdiction) Present: Md. Tafazzul Islam J Md. Anwarul Haque J Shahajada Talukder...................................Petitioner Vs. Election Commissioner and others.....................................Respondents Judgment February 8, 2003. Resul...... 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
....reviously Money Suit No.35 of 1989) rejecting the petitioner's application under Order 1 rule 10(2) of the Code of Civil Procedure for being added parties to the suit as defendants.
2. Short facts relevant for the purpose of the case are that, the opposite party Chittagong Steel Mills Limited as ......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.......s 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)
....li in Title Appeal No.15 of 1998 reversing the Judgment and decree dated 14‑1‑1998 passed by Senior Assistant Judge in-Charge, Second 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 plaintif...... at consideration of Taka 1500. He also purchased 1.64 acre of land from one Amyo Prova Routh by another kabala deed dated 12‑1‑1970 at a consideration of Taka 500. He himself purchased the stamp papers of those kabala deeds and paid considerations. The defendant did not pay any consideration an...... Vs. Md. Majibullah…………………………………….Opposite Party Judgment July 16, 2002. Result: The Rule is discharged. Cases Referred to- Bhrigurashram Missir and another Vs. Surendra Nath Mitra and another, AIR 1962 (Patna) 204; Joydayal Poddar Vs. Bibi Baje......t. As there was a bar to purchase more land in his own name the plaintiff purchased the suit land in the benami of his brother the defendant. He paid entire consideration from his own fund. The title documents of the suit land were produced before the court by the plaintiff. The plaintiff has been e..Category: Property Law | Date: | Hits: 103
....s maintainable over an election dispute for the determination of which a separate forum has been created by a special law, namely, the Local Government (Union Parishad) Ordinance, 1983. Analysing the relevant provision of the said Ordinance it was held that section 26 of the ordinance has put a clea......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.
......
The Rule is discharged.
Cases Referred to-
Secretary of State represented by the Collector of South Acrot Vs. Mask & Co., 44 CWN 709 (Privy Council); Rafiqul Alam (Md.) Vs. Mustafa Kamal and ors, 42 DLR (AD) 137.
Lawyers Involved:
AF Hassan Ariff with Khaleda Zaman, Siper Mustofa,......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
Talebur Rahman alias Taleb and 2 others Vs. State, 1994, 23 CLC (HCD)
....seizure list witnesses were called and whether the shop owner was asked any question regarding the seized arms. 5. P.W.4 Kamrun Nahar Chowdhury was the ASI attached to Mirpur Police Station at the relevant time. As the duty officer she recorded the written ezaher filed by P.W.6. She admitted that......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. ...... Reported in: 49 DLR (HD) (1997) 167. ......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. ..Category: Criminal Law | Date: | Hits: 74
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