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Kafiluddin (Md.) Vs. Sukkur Ali Mia, 1996, 25 CLC (HCD)
.... do not find any ground to interfere with the impugned order. In the result, the Rule is discharged without any order as to costs. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 208. ......sed by the trial Court. The learned judge of the executing Court after having considered the objection filed by the present petitioner not to execute the decree by delivery of possession rejected the application leading to issuance of the present Rule. 3. It is settled law that the executing Cour..Category: Civil Law | Date: | Hits: 86
....release the detenu forthwith if not wanted in connection with any other case.
Let an advance order of release be issued immediately.
Ed.
This Case is also Reported in: 50 DLR (HCD) (1998) 201....... may satisfy itself that he is not being held in custody without lawful authority or in an unlawful manner.
2. Petitioner before us Mrs. Rieta Rahman is the wife of the detenu. It is stated in the application that the detenu is a high ranking Government servant holding the post of Director Genera..
Category: Criminal Law | Date: | Hits: 76
Bashir Kha Vs. State, 1998, 27 CLC (HCD)
....he present Rule. By this time more than 13 years passed. Under such circumstances I do not think it proper to send back the case to this trial Court for curing the defect in the charge and to deliver fresh judgment. On perusal of the judgments of the Courts below it appears to me that the Courts mis...... found the accused guilty of the charge. In the appeal, the judgment and order of conviction passed by the learned trial Court was upheld. Being aggrieved, the convict-appellant preferred the present application under section 439 of the Code of Criminal Procedure. In the grounds it is stated that ch..Category: Criminal Law | Date: | Hits: 58
....d by the Authorised Officer in CR Case No.5 of 1990 is declared to have been made without lawful authority and is of no legal effect.
Ed.
This Case is also Reported in: 50 DLR (HCD) (1998) 195.
......Chittagong as an appellate authority under the Port Authorities Land and Buildings (Recovery of Possession) Ordinance, 1962 (Ordinance No. IX of 1962), hereinafter referred to as the Ordinance, on an application for review/setting aside the order dated 23-3-1991 made in Port Appeal No.14 of 1990 dis..
Category: Property Law | Date: | Hits: 103
....on case fails and the Rule is discharged without any order as to costs.
Send down the LC records, at once.
Ed.
This Case is also Reported in: 50 DLR (HCD) (1998) 55; 50 DLR (HCD) (1998) 193.
......gned sale was duly served upon Abul Hossain, father of the pre-emptor-petitioners and the petitioners and their father have had complete knowledge about the disputed sale and as such this pre-emption application filed after 8 years of the impugned kabala is hopelessly barred by limitation. The learn..
Category: Property Law | Date: | Hits: 78
Ibrahim Khalil Vs. State, 1998, 27 CLC (HCD)
....he Sessions Judge for disposal in accordance with law and in the light of observations made above. Send down the lower records at once. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 192.......ed or made over to him by the Sessions Judge. Under sub-section (4) of section 17 of the Code, when a Sessions Judge is incapable of acting or is absent, he may make provisions for disposal of urgent applications by an Additional Sessions Judge or an Assistant Sessions Judge or in their absence by t..Category: Procedural Law | Date: | Hits: 69
....e Court of Munsif, Savar in Dhaka is hereby decreed. There shall be no order as to costs.
Send down the lower Court records at once.
Ed.
This Case is also Reported in: 50 DLR (HCD) (1998) 186.......oust him possession by sheer force and under threats of imminent forcible dispossession he was constrained to pray for yearly lease of the suit property under protest but at the same time he filed an application before the appropriate authority for releasing the suit property from the list of vested..
Category: Property Law | Date: | Hits: 111
Khodeja Begum & others Vs. Md. Sadeq Sarkar, 1994, 23 CLC (HCD)
....stitution of conjugal rights at present and in future filing of such suits. Let the records of this case be sent down immediately. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 181. ......t in spite of the submissions did not take notice of those facts nor considered the evidence of 5 DWs examined on behalf of the defendants. He submits the above facts were mentioned in the revisional application in paragraphs 7 and 8 but the opposite party did not deny the same in this counter affid..Category: Family Law | Date: | Hits: 185
Saleha Begum Vs. Kamal Hossain, 1997, 26 CLC (HCD)
....ll be entitled to recover the same in accordance with law. In the facts and circumstances of the case there is no order as to costs. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 180.......ner. AKM Abdul Malek, Advocate — For the Opposite Party. Civil Revision No.2337 of 1995. Judgment Md. Joynul Abedin J.- This Rule at the instance of the plaintiff wife arising out of an application under section 115 of the Code of Civil Procedure calls in question the judgment and decr..Category: Family Law | Date: | Hits: 152
Abdul Jalil Munshi (Md.) Vs. Returning Officer & others, 1997, 26 CLC (HCD)
....ion is disposed of. Let a copy of this judgment/order be sent to the Returning Officer (respondent No.1) forthwith for compliance. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 179. ...... Mudassir Husain J Abdul Jalil Munshi (Md.)……………….Petitioner Vs. Returning Officer & others…………………Respondent Judgment November 23, 1997. Result: The application is disposed of. Lawyers Involved: Golam Kibria, Advocate - For the Petitioner. ..Category: Election Law | Date: | Hits: 153
Syed Masud Ali and others Vs. Md. Asmatullah and others, 1978, 7 CLC (AD)
....first schedule land of the plain if the plaintiff so desires to proceed. In the circumstances of the case, we make no order as to costs. Ed. This Case is also Reported in: 31 DLR (AD) (1979) 249.......t of Waqf and it consists of five sections. Section 47 says that all wakfs existing at or created after the Ordinance shall be enrolled at the office of the Administrator and it can be enrolled on an application by the Mutwalli or by any person interested in a waqf. The section provides particulars ..Category: Trust/Waqf Law | Date: | Hits: 136
....ty Grants Commission (respondent No.2)" is stayed for a period of two months from date.
Ed.
This Case is also Reported in: 17 MLR (AD) (2012) 161; 17 BLC (AD) (2012) 84; 32 BLD (AD) (2012) 169.
...... campuses, it had to take new building. Having regard to the existing law, the petitioner informed and sought permission from the authorities to run programs at these campuses. However, none of these applications have been approved till date. The petitioner applied for approval of its Rajshahi campu..
Category: Others | Date: | Hits: 197
Md. Rayhan Khokon Vs. State, 2011, 40 CLC (AD)
.... learned Advocate for the petitioner merit no consideration. In the result, this criminal petition for leave to appeal is dismissed. Ed. This Case is also Reported in: 17 MLR (AD) (2012) 156. ....... Mamtazuddin Ahmed J.- This petition for leave to appeal is directed against the order dated 31.07.2011 passed by the High Court Division in Criminal Revision No.953 of 2011 rejecting the revisional application summarily thereby upholding the order dated 14.07.2011 passed by the Metropolitan Sessio..Category: Criminal Law | Date: | Hits: 68
New Dacca Industries Ltd. Vs. Quamrul Huda & others, 1979, 8 CLC (AD)
....ons stated above we allow this appeal without any order as to costs. The judgment of the High Court is set aside and the writ re-called. Ed. This Case is also Reported in: 31 DLR (AD) (1979) 234....... was dismissed by the appellant on August 8, 1972 which was upheld by the Jute Mills Corporation, Respondent No.3 on January 14, 1974. Respondent No.1 challenged the order of dismissal by filing an application under Article 102 of the Constitution. Apart from the merits of the case, the main con..Category: Employment/Service Law | Date: | Hits: 104
Atahar Ali Sarder & others Vs. State, 1978, 7 CLC (AD)
....hase from the prosecution witnesses an admission in their cross-examination." In the result, therefore, this appeal is dismissed. Ed. This Case is also Reported in: 31 DLR (AD) (1979) 227. ......hase from the prosecution witnesses an admission in their cross-examination." In the result, therefore, this appeal is dismissed. Ed. This Case is also Reported in: 31 DLR (AD) (1979) 227. ..Category: Criminal Law | Date: | Hits: 107
Commissioner of Taxes, Chittagong Zone Vs. M/S. M. Ismail and Sons, 1982, 11 CLC (AD)
....ellate Assistant Commissioner, who set aside the assessment on the ground that the Income Tax Officer had not given any reason for summary assessment and directed the Income Tax Officer to made fresh assessment in accordance with law. On the points of jurisdiction and limitation, the Appella......rectly interpreted the expression 'person.' Accordingly, Civil Appeal No. 115 of 1981 is dismissed, without any order as to costs. Ed. This case is also reported in: 35 DLR (AD) (1983) 165. ..Category: Fiscal/Taxation Law | Date: | Hits: 104
Abdur Rashid and another Vs. Abdul Barik and another, 1983, 12 CLC (AD)
....or the aforesaid reasons, the order of the learned Judge of the High Court Division is set aside and the appeal is allowed with costs. Ed. This Case is also Reported in: 35 DLR (AD) (1983) 162.......974 which was ultimately taken up for hearing on 6-11-80 by a Single Judge of the High Court Division, who discharged the Rule as the appellant's Advocate was not present at the time of hearing. An application for re-hearing was moved but that was rejected summarily on 8-12-80. 7. The appellant..Category: Property Law | Date: | Hits: 67
Shafiqur Rahman and others Vs. Nurul Islam Chowdhury and others, 1982, 11 CLC (AD)
....the peace and the appellants were in possession of the proceeding land before the receiver took over possession of the same. The learned Magistrate not being satisfied with the said report directed fresh enquiry by a superior police officer. In compliance of the direction the Sub-Divisional Police......, He attached the land involved, and appointed Circle Officer (Revenue), Chakaria receiver of the same. Written statement was filed by the predecessor of the appellants who denied to have filed any application for drawing up proceeding under section 145 of the Criminal Procedure Code. It was ass..Category: Others | Date: | Hits: 135
Abu Saber Aziz Mohammad and others Vs. Government of Bangladesh and others, 1976, 5 CLC (AD)
....manded to the trial Court for disposal in the light of the observation made above. There will be no order as to costs in this appeal. Ed. This Case is also Reported in: 31 DLR (AD) (1979) 218.......nsfer subsists. Nothing in this section shall impair the right of transferees in good faith for consideration without notice of the existence of the said option.” 15. What are required for application of the said provision are: (a) erroneous or fraudulent representation by a person, hav..Category: Property Law | Date: | Hits: 75
Abdul Mannan and others Vs. Kulada Ranjan Mowali and others, 1977, 6 CLC (AD)
....as a District, it was transferred to the Court of Subordinate Judge, Patuakhali and registered as Title Suit No.146 of 1969. This suit was, however, withdrawn on 3.8.71 with permission to institute a fresh suit on the same cause of action and Title Suit No.3 of 1972 was thereafter filed on 24.1.72......ivision in Civil Revision Case No.582 of 1973). Judgment Debesh Chandra Bhattacharya J.- This appeal is against a judgment of a Bench of the High Court Division, discharging a Rule issued on an application made by the appellants under Section 115 of the Code of Civil Procedure against an order..Category: Property Law | Date: | Hits: 133
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