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Idris Mia (Md.) Vs. Promode Ranjan Das & others, 1992, 21 CLC (HCD)
....he fact that the pre‑emptor has clearly stated, in the cause title of his application for pre‑emption, that he is a"গৃহস্থী" I do not find any non fulfillment of the above mentioned legal requirements under the Civil Procedure Code by the pre‑emptor. By stating in the cause title......tion of law I find that the application for pre‑emption has been rightly allowed. The rule is, therefore, disclosed without costs. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 127...Category: Property Law | Date: | Hits: 72
Ismail Mohammad Vs. Motasim Ali Chowdhury, 1993, 22 CLC (HCD)
....d taxes and that in the sale deed of the plaintiff the area of his purchased land was shown 0.081/4 acres but the boundary given in the schedule covered 0.0932 acres of land. The defendant had been illegally possessing a portion of The government acquired plot No.936 to the contiguous west of the pl......record. The learned Advocate may move an application before the trial Court, if so advised. Accordingly the application is disposed of. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 123...Category: Property Law | Date: | Hits: 79
Abul Kasem Talukder Vs. Shamsul Hoque Shawdagar, 1991, 20 CLC (HCD)
....rs conducting the election and put seals against the mark "Plough" which was the symbol of the petitioner; that as a result there was no free and fair election at the centres but the petitioner was illegally declared to have been elected as Chairman of the said Union Parishad. 4. The petitioner d......he election of the petitioner as being void is set aside and the election petition dismissed without, however, any order as to costs. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 121. ..Category: Election Law | Date: | Hits: 129
State Vs. Md. Monirul Islam alias Nirab and others, 2011, 40 CLC (AD)
.... seek bail under section 497 of the Code of Criminal Procedure. The discretion of granting anticipatory bail shall not be exercised in unscrupulous and frivolous petitions just to avoid the normal legal procedure. On vague and general allegations anticipatory bail should not be granted which will...... one, should not be exercised arbitrarily. This is an extraordinary relief and should be granted judiciously and sparingly only in an exceptional circumstances as stated above and no otherwise. The status of the applicant or his high station of life, affluence is not at all relevant in consideri..Category: Criminal Law | Date: | Hits: 89
Moazzem Hossain Chowdhury (Md.) Vs. Bangladesh, 1990, 19 CLC (HCD)
..... Judgment Abdul Hasib J. - By this petition under Article 102 (2) (i) of the Constitution of the People's Republic of Bangladesh the petitioner Mr. Moazzem Hossain Chowdhury has challenged the legality of the detention of his teacher and next friend Ratan Singh and a Rule Nisi was issued on 1......if he is not wanted in connection with any other case. The Rule is accordingly made absolute. Let this order be communicated at once. Ed. This Case is also Reported in: 43 DLR (1991) 186. ..Category: Constitutional Law | Date: | Hits: 172
Budhiswar Biswas Vs. Akbar Ali Sheikh and others, 1990, 19 CLC (HCD)
....ssession of the suit land by the plaintiffs as the foundation of the claim of the plaintiffs for getting the land reconveyed in the favour. Thus the finding of the learned Trial Court is not based on legal evidence but on inference only The Court of appeal below found that the plaintiff are bound by......nd hence those are set aside resulting in the dismissal of the suit. This rule is, accordingly made absolute without any order as to cost. Ed. This Case is also Reported in: 43 DLR (1991) 183...Category: Property Law | Date: | Hits: 74
Gura Meah Vs. Hari Pada Parial & others, 1990, 19 CLC (HCD)
....ubstance in this appeal for what have been discussed above. In the result, the appeal is dismissed but there will be no order as to costs. Ed. This Case is also Reported in: 43 DLR (1991) 181.......ubstance in this appeal for what have been discussed above. In the result, the appeal is dismissed but there will be no order as to costs. Ed. This Case is also Reported in: 43 DLR (1991) 181...Category: Property Law | Date: | Hits: 69
Feroja Khatoon Vs. Brajalal Nath & others, 1989, 18 CLC (HCD)
....idence on record the Trial Court upon believing the evidence of PWs decreed the suit against defendant No. 1 with respect to 0. 12 acres of land holding, inter alia, that the contract in question was legally proved against the defendant No. 1. 7. On the appeal taken by the defendant No. 1 the App......e suit stands decreed. Since there is no appearance on the side of the opposite party No. 1, question of awarding costs does not arise. Ed. This Case is also Reported in: 43 DLR (1991) 160. ..Category: Property Law | Date: | Hits: 64
Anwar Hossain Majhi Vs. Government of Bangladesh & others, 1989, 18 CLC (HCD)
....District Shariatpur obtained this Rule Nisi on 15.10.89, under Article 102 (presumably under sub‑article (2)(a)(1) of the Constitution of the People's Republic of Bangladesh calling in question the legality and propriety of the Notification সারক নং শা-উপজেলা ১/১ গ......allow the petitioner to enter into his office immediately. In the facts and circumstances of the case, there will be no order as to costs. Ed. This Case is also Reported in: 43 DLR (1991) 155...Category: Election Law | Date: | Hits: 121
State Vs. Keramat Ali & another, 2010, 39 CLC (AD)
.... presence at the place of occurrence, the manner of causing injuries by the respondents and also the time of occurrence. True, these witnesses are related to each other but mere relationship is not a legal ground to disbelieve a witness. The High Court Division also did not discard their evidence as......rder as to cost. The judgment of the High Court Division is set aside. Ed. This Case is also Reported in: 63 DLR (AD) (2011) 102; 16 MLR (AD) (2011) 268; 8 LG (AD) (2011) 138; 9 ADC (2012) 536...Category: Criminal Law | Date: | Hits: 90
....s on 16.9.89 in respect of the charge framed against the petitioner and the departmental proceedings pursuant thereto should not be declared to have been made without lawful authority and to be of no legal effect.
2. The petitioner in his petition has stated that he joined the service under the G......he case does not involve at this stage any substantial question of law as to the interpretation of the Constitution. The prayer is rejected.
Ed.
This Case is also Reported in: 43 DLR (1991) 131. ..
Category: Employment/Service Law | Date: | Hits: 79
Kazi Motiur Rahman and others Vs. Din Islam, 1990, 19 CLC (HCD)
....ighbour by the prosecution. Fourthly, Courts below did not assess the evidence of prosecution witnesses individually. The learned Advocate further contended that the learned Magistrate committed an illegality in taking cognizance of the offence inasmuch as valuation of the property of theft was not ......ected to pay the fine within 6 months from arrival of the records to the Lower Court. Send down the records of the Courts below at once. Ed. This Case is also Reported in: 43 DLR (1991) 128. ..Category: Criminal Law | Date: | Hits: 73
Wahida Rashid (Most) and another Vs. Miron Muhammad Zahidul Hoque, 1990, 19 CLC (HCD)
....aid down in the above quoted decisions is that the suit falling within the exclusive jurisdiction of the Small Cause Court Judge erroneously tried by a Court other than the SCC Judge, suffers from no legal infirmity and hence the trial cannot be vitiated. 13. In the next cited case reported in 25......not call for any interference by this Court at this revisional stage. In the result, the Rule is discharged without any order as to costs. Ed. This Case is also Reported in: 43 DLR (1991) 115...Category: Property Law | Date: | Hits: 66
Fariduddin Mahmud Vs. Md. Saidur Rahman and others, 2010, 39 CLC (AD)
....ion made by the High Court Division. According to the learned counsel there is no scope for the High Court Division to pass any order of stay of the order of the executing court without finding any illegality in the procedure and the manner of selling the mortgaged property in auction. The other poi......ized in law to pass any ad interim relief which it could only be passed in aid of or ancillary to the relief that may be granted upon final determination of the rights of parties in order to maintain status quo ante in the pending suit proceeding before it". Mr. Amirul Islam, the learned counsel..Category: Civil Law | Date: | Hits: 113
Hasina Mawla Vs. Bangladesh Parjatan Corporation and another, 1992, 21 CLC (HCD)
....nistration) Bangladesh Parjatan Corporation, retiring the petitioner before attaining the age of superannuation should not be declared to have been passed without any lawful authority and to be of no legal effect. 2. The case of the petitioner, in brief, is that she joined on 24.12.52 as the Tour...... The impugned order (Annexure‑A) is hereby declared to have been passed without any lawful authority and to be of no legal effect. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 112...Category: Employment/Service Law | Date: | Hits: 88
Bakth Bibi Vs. Bangladesh, 1992, 21 CLC (HCD)
.... Afghanistan in view of the passport issued by the Democratic Republic of Afghanistan and this fact was not denied by the respondent Government. 10. The next ground is that the petitioner was not legally married to late Abdul Khaleque. This finding is also contrary to the unchallenged evidence o......ernment are without authority and of no legal effect. I, therefore, agree with the order proposed to be passed by my learned brother. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 105. ..Category: Property Law | Date: | Hits: 73
Shafiuddin Khan (Md) Vs. State and another, 1993, 22 CLC (HCD)
....t would be extremely reluctant to interfere in quashing a proceeding at the interlocutory stage or at the early stage of the proceeding.” 15. In the above facts and circumstances of the case and legal position discussed about we are of the view that the allegations made in the petition of compl......ining the complainant issued summons upon the accused petitioner under section 420/406 of the Bangladesh Penal Code. Thereafter the accused petitioner surrendered before the Court and considering his status as a former Union Parishad Chairman Learned Magistrate granting bail on 19.12.84. Thereafter ..Category: Criminal Law | Date: | Hits: 132
....s petition in exercise of the power of judicial review of this Court under Article 102 of the Constitution of the People's Republic of Bangladesh, in which an aggrieved person must show that he has a legal right, accrued to him under a law which right had been taken away by an order of an Executive ......ition, leaving nothing for us to interfere in mandamus.
We find no substances in this application which is thus summarily rejected.
Ed.
This Case is also Reported in: 45 DLR (HCD) (1993) 95.
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Category: Others | Date: | Hits: 128
Adamjee Sons Limited Vs. Jiban Bima Corporation, 1992, 21 CLC (HCD)
....withdrawal of all pending suits. Thus, the decision in the case of Ziauddin has no manner of application to the facts of the case. 6. He also argued that the Court without any evidence before it illegally made the award rule of the Court merely on an erroneous view that the Arbitrator has given a......nt one. In view of my discussion, I am led to hold that the appeal must fail. In the result, the appeal is dismissed with costs. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 89. ..Category: Alternative Dispute Resolution | Date: | Hits: 174
SDS Dairy Limited Vs. Bangladesh and others, 2011, 40 CLC (HCD)
....t the Artha Rin Adalat Ain is a special law and the provision of the Code of Civil Procedure is not applicable in a suit/proceedings under the Ain and that the executing Court has not committed any illegality in rejecting the petitioner’s application. 7. Mr. Shah Md. Munir Sharif, the learned A......ill proceed in accordance with law. The office is directed to communicate the judgment at once to the concerned executing Court. Nazmun Ara Sultana J.-I agree. This Case is also Reported in: ..Category: Procedural Law | Date: | Hits: 80
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