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Md. Tariqul Islam Vs. State, 2009, 38 CLC (AD)
.... record of the case summarily rejected the application under Section 561A of the Code of Criminal Procedure. He then submits that the High Court Division without touching the merit of the case most illegally rejected the application under Section 561A of the Code. He finally submits that the Tribuna......r arrived at a correct decision which does not require any interference by this Division. Accordingly, the leave petition is dismissed. Ed. This Case is also Reported in: VII ADC (2010) 626...Category: Criminal Law | Date: | Hits: 56
Md. Alimuddin and others Vs. Alhaj Md. Abu Daud, 2010, 39 CLC (AD)
.... of the plaintiffs land was with Ramzan Ali. After, the death of plaintiff’s father plaintiff came to suit land and constructed some shops and has been living there since 1990. The plaintiff gave a legal notice to his elder brother on 30.01.1998 and for this Ramzan Ali gave possession to plaintiff...... rightly held that there was no illegality in decreeing the suit. We find no substance in this petition which is accordingly dismissed. Ed. This Case is also Reported in: VII ADC (2010) 608. ..Category: Property Law | Date: | Hits: 36
Md. Ahia Vs. Md. Azimuddin and others, 2010, 39 CLC (AD)
....e plaintiff and also handed over the major portion of the suit land. Thereafter the defendants did not execute the sale deed in time in spite of repeated requests and as such the plaintiff served a legal notice through regd. post on 13.05.1999 requesting them to execute the sale deed within 30.05.......judgment of the appellate court which was the last court of fact. We find no substance in this petition which is accordingly dismissed. Ed. This Case is also Reported in: VII ADC (2010) 600. ..Category: Property Law | Date: | Hits: 25
Joynal Abedin Vs. Ali Azam Saibal and others, 2010, 39 CLC (AD)
.... 3. The learned Assistant Judge on consideration of the evidence on record by judgment and order dated 23rd November, 1999 decreed the suit and declared the impugned deed as forged, fraudulent, illegal and void. On appeal by the defendant-petitioner, the learned Subordinate Judge who heard the s......t of appeal below. I find no merit in the contention of the learned counsel for the petitioner. The application is therefore, dismissed. Ed. This Case is also Reported in: VII ADC (2010) 590...Category: Property Law | Date: | Hits: 21
Government of Bangladesh Vs. Md. Atiar Rahman Khan and others, 2010, 39 CLC (AD)
....a though did not adduce any evidence but cross-examined the plaintiffs witnesses. In the premises, the suit having been decreed on contest the subsequent suit at the instance of the petitioner is not legally maintainable. 4. The learned Assistant Judge upon hearing the parties by order dated 30...... is condoned. Preparation of the paper book is dispensed with as prayed for. The petitioner is permitted to add additional ground. Ed. This Case is also Reported in: VII ADC (2010) 587...Category: Limitation Law | Date: | Hits: 149
Md. Rustom Ullah and others Vs. Md. Zomiruddin and others, 2009, 38 CLC (AD)
....shad under order 1 Rule 8 of the Code of Civil Procedure, the decision taken by No. 4 Digholbak Union Parishad for constructing permanent office of the said union parishad at Nandipur village being legal, valid, bonafide and within jurisdiction is binding on the defendants and the decision taken...... decision and there is no illegality or infirmity in the above decision so as to call for any interference. The petition is dismissed. Ed. This Case is also Reported in: VII ADC (2010) 541...Category: Civil Law | Date: | Hits: 72
Md. Abid Khan and others Vs. Government of Bangladesh and others, 2003, 32 CLC (HCD)
.... of unsound mind; and (d) is or is deemed to be a resident of that electoral area.” 12. So, the two vital issues to be decided in this writ petition are citizenship of the petitioners and the legal implications of their residence at Geneva camp. 13. The laws regulating the citizenship a B...... allegiance to a foreign state. 19. However, the next issue relating to the first group is whether their residence at Geneva Camp may be termed as allegiance to another state by conduct. As to the status of Geneva Camp we have no information on record. However upon our query both the learned Advo..Category: Election Law | Date: | Hits: 94
State Vs. Zakaria Pintu alias Md. Zakaria Pintu and others, 2010, 39 CLC (AD)
.... degree of discretion in granting reliefs to the litigants but let it be known also if it is not already known that such discretion must not be arbitrary but judicial discretion, based on established legal principles, handed down to us over the centuries. 13. In the instant case, the FIR disclose......s dated 20.04.2010, praying for vacating the order of stay, granted earlier by this Division, stands rejected. Ed. This Case is also Reported in: 62 DLR (AD) (2010) 420, 31 BLD (AD) (2011) 20. ..Category: Criminal Law | Date: | Hits: 68
Advocate Md. Salahuddin Dolon Vs. Government of Bangladesh and Others, 2010, 39 CLC (HCD)
....ly by private persons and extremist political organizations, claiming to act on the basis of religion, but also by persons in authority, including those in public office. 12. In the absence of any legal sanction, attempts to coerce or impose a dress code on women clearly amounts to a form of sexu......pondent No. 3 tendered unqualified apology to her with folded hands. The victim, however, accepted the unqualified apology and stated that she had forgiven respondent No.3. How an educated man of the status of a Thana Education officer could utter the word "বেশ্যা" (prostitute) to a Head..Category: Constitutional Law | Date: | Hits: 201
....er and the same has also occasioned failure of justice.
10. Mr. Imam Ali, the learned Advocate appearing for the plaintiff-opposite party, submits that the learned Subordinate Judge committed no illegality in allowing amendment to the plaint as it does not change the nature and character of the s...... Suit No. 22 of 1987 within three months from the date of receipt of this order.
Communicate the order to the learned Court below at once.
Ed.
This Case is also Reported in: 53 DLR (2001) 280...
Category: Civil Law | Date: | Hits: 91
Khandakar (Md.) Shahjahan Vs. Md. Atiar Rahman Monshi & others, 2000, 29 CLC (HCD)
....ection with contention that he is the inhabitant of old Ward No.1 after re-organisation was numbered as new ward Nos. 2 and 3. In the year 1997 opposite party was Chairman of Union Parishad and for illegal gain and undue benefits in collusion with Registration Officer managed to include names of som......act circumstances of the case I direct the parties to bear their respective costs. Lower Court’s record be sent immediately as possible. Ed. This Case is also Reported in: 53 DLR (2001) 275...Category: Election Law | Date: | Hits: 89
Shahjahan (Md) Vs. State, 2000, 29 CLC (HCD)
....m but the police without making proper enquiry submitted charge-sheet against the appellant and other accused persons, that the learned trial Court framed charge under section 302 of the Penal Code illegally and, as such, the conviction and sentence tie based on the defective charge, that the prosec......months. Send down the original case record at once with a copy of the Judgment for perusal and necessary action accordingly. Ed. This Case is also Reported in: 53 DLR (2001) 268. ..Category: Criminal Law | Date: | Hits: 38
Noorjahan Akhter Vs. A Motaleb & ors., 2000, 29 CLC (HCD)
....ered sale deed dated 28-5-1957 from one Zehadon Khatoon. After the death of Akhtaruzzaman the said schedule property devolved on the defendant-petitioner and the defendant- opposite party No.2 as his legal heirs defendant petitioner being the daughter and defendant-opposite party No.2 being his sist......f Title Suit No.3 of 1983 now pending in the Court of the Subordinate Judge, 2nd Court, Dhaka stands vacated. I make no order as to costs. Ed. This Case is also Reported in: 53 DLR (2001) 256...Category: Property Law | Date: | Hits: 113
Star Medical Store Vs. Subordinate Judge, Artha Rin Adalat and other, 2001, 30 CLC (HCD)
.... judgment and decree passed ex-parte on 25-10-1990 in Artha Rin Case No. 55 of 1990 and the proceedings of that case should not be declared to have been made without any lawful authority and is of no legal effect. 2. The short facts leading to the dispute as has been stated in the writ petition a......ears by this time. For the reasons and discussions made above, this writ petition does not merit and accordingly it is rejected summarily. Ed. This Case is also Reported in: 53 DLR (2001) 254...Category: Civil Law | Date: | Hits: 93
Fazlur Rahman & 38 others Vs. Government of Bangladesh and others, 1999, 28 CLC (HCD)
....ws and the rules. 3. The respondent No.4 filed affidavit-in- opposition denying the allegations in the Rule application and asserted that the curtailment was lawfully done and respondent No. 4 was legally appointed Nikah registrar for the curtailed area. 4. In Writ Petition No. 2037 of 1998 th......e Rules are discharged without any order as to costs. The order of stay granted by this court earlier the above Rules, are hereby vacated. Ed. This Case is also Reported in: 53 DLR (2001) 237...Category: Constitutional Law | Date: | Hits: 109
Abdul Hamid Chowdhury and others Vs. Commissioner of Taxes, 2000, 29 CLC (HCD)
....under challenge in these reference applications. 8. Mr. Khandker Fazlul Quadir, the learned Advocate appearing for the assessee-petitioner submits that the Deputy Commissioner of Taxes without any legal basis estimated the net professional income of the assessee at Taka 1,75,000.00 and Taka 1,90,...... Accordingly, we answer both the questions in the negative and in favour of the assessee applicant, however, without any order as to cost. Ed. This Case is also Reported in: 53 DLR (2001) 234...Category: Fiscal/Taxation Law | Date: | Hits: 64
Golam Mostafa Vs. Begum Rokeya Khandaker & others, 2001, 30 CLC (HCD)
....stagir Hussain, Advocate—For the Petitioner Taimur Alam Khandker Advocate—For the Opposite Party No. 1. Civil Revision No. 3029 of 1993. Judgment AK Badrul Huq J. - The propriety and legality of concurrent decisions recorded by Courts below have been called in question by pre-emptee......f fact also considered evidences and other materials on record and came in full agreement with the decision rendered by learned trial Judge. Ed. This Case is also Reported in: 53 DLR (2001) 232...Category: Property Law | Date: | Hits: 23
Mojibul Haque (Md) Vs. Ataur Rahman and others, 2000, 29 CLC (HCD)
....g of the managing committee dated 24-7-1997 and the decision taken in the meeting removing the plaintiff from the managing committee and the co-option of the defendants in the managing committee is illegal void and without lawful authority, and for further declaration that the initiation of the enqu...... of the suit independently. The Rule is accordingly discharged without any order as to costs. The stay order granted by this Court stands. Ed. This Case is also Reported in: 53 DLR (2001) 229...Category: Administrative Law | Date: | Hits: 146
....nst such order of ad- interim mandatory injunction is therefore quite maintainable.
24. The submission of Mr. Khondakar that both appeal and revision are not maintainable at the same time is quite legally but factually incorrect because long before the hearing of the Rule the appeal was withdrawn...... suit obstructs or interferes, in any way, with the course of administration of justice, it is the duty of the Court to restore the parties to the position when the mischief is done or to restore the status quo ante in the facts and circumstances of a case. In a case, with notice of the institution ..
Category: Civil Law | Date: | Hits: 84
Titas Gas (T & D) Co. Ltd. Vs. Commissioner of Taxes, 2000, 29 CLC (HCD)
....ing employed by the assessee-applicant has not been regularly employed or the method employed was such that the income of the assessee could not be properly deduced therefrom and, as such, he acted illegally and without jurisdiction in rejecting the audited account of the assessee applicant. The lea......the affirmative and against the assessee applicant and we refrain from answering the other questions. There will be no order as to cost. Ed. This Case is also Reported in: 53 DLR (2001) 209. ..Category: Fiscal/Taxation Law | Date: | Hits: 82
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