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Mst. Rahima Khatun and another Vs. Sree Monoranjon Saha and others, 2006, 35 CLC (HCD)
....t by filing a written statement denying the plaintiff's right, title and possession in the suit land and contending, inter alia, that the suit land originally belonged to Panchamoni Dasi, who for her legal necessity had settled the suit land by 2 registered Pattas dated 22.8.47 and 17.11,51 on a sal......e impugned judgment dated12.04.1990 (decree signed on 18.04.1990) is hereby affirmed. Send down the lower Court's records at once. Ed. This Case is also Reported in: 13 MLR (HCD) (2008) 334. ..Category: Property Law | Date: | Hits: 57
Chairman, Rajdhani Unnayan Kartipakha Vs. Ramjan Ali and others, 2006, 35 CLC (HCD)
....Opposite Parties. Civil Revision No.3037 of 2003. Judgment Zinat Ara J.-In this Civil Revision under section 115 of the Code of Civil Procedure, the petitioners called in question the legality of the judgment and decree dated 13.1.2003 passed by the Additional District Judge, 6th Cou......h the observations made in the body of the judgment. Send down the Lower Court Records at once along with a copy of the Judgment. Ed. This Case is also Reported in: 27 BLD (HCD) (2007) 41. ..Category: Property Law | Date: | Hits: 56
Momin Miah & others Vs. Md. Shafiullah Patwari and others, 2007, 36 CLC (HCD)
....le Suit No.10 of 1996 in the Court of Assistant Judge, Kachua, Chandpur for a declaration that ex parts order dated 24-4-1988 recorded in Pre-emption Miscellaneous Case No.66 of 1984 is fraudulent, illegal, collusive and plaintiff is not bound by ex parte order. Core averments embodied in plaint are......e: Law of Procedure is designed to facilitate justice and to further its ends. End of law is Justice, Law of Procedure is grounded in on Principle of Natural Justice which has achieved something like status of a Fundamental Right. Principle of Natural Justice requires that a litigant public and a ci..Category: Property Law | Date: | Hits: 64
Nawabgonj Central Co-operative Bank Ltd. Vs. Government of Bangladesh and others, 2007, 36 CLC (HCD)
....gs of Money Execution Case No.4 of 1998, now pending in the First Court of Artha Rin Adalat, Nawabganj (Annexure-H), should not be declared to have been made without any lawful authority and is of no legal effect. 2. Short facts leading to this Rule are that the petitioner took agricultural loans......down the record of Money Execution Case No.4 of 1998 to the concerned Court at once, and the same will proceed in accordance with law. Ed. This Case is also Reported in: 13 BLC (HCD) (2008) 46. ..Category: Civil Law | Date: | Hits: 70
Advocate Manzill Murshid and others Vs. Bangladesh, 2011, 40 CLC (HCD)
....ative and executive arms of the State and operate independently of them”. (Page 199). 21. Max Webber, an US political sociologist, in constructing what he envisaged as an ideal model of rational legal system, observed; “individuals exercising governmental authority must exercise it in accorda......ations, felt dismayed at the deplorable state of the remuneration and privilege of the Judges of the Supreme Court of Bangladesh, which, as they reckon, are not enough and not commensurate with their status and duties; The petitioners apprehends that with such an ignominious scenario in the realm of..Category: Constitutional Law | Date: | Hits: 413
....ave been heard simultaneously and are being disposed of by this common judgment as the facts therein are similar, and the law involved and parties are same.
2. The Rules were issued to examine the legality of order dated17.8.2011 passed by the Zonal Settlement Officer, Comilla in Miscellaneous Ca......clared to have been passed without lawful authority and is of no legal effect.
Communicate a copy of the judgment.
Mohammad Bazlur Rahman J. - I agree.
Ed.
This Case is also Reported in:
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Category: Property Law | Date: | Hits: 65
Md. Golam Mostafa Vs. State, 2010, 39 CLC (HCD)
.... the quality, quantity and valuation of security and as to the verification of title and possession of the borrower in respect of the property to be given as security to the bank. The bank is under a legal duty to exercise due diligence in assessing a loan proposal and in sanctioning loan to a borro......is hereby quashed. The order of stay granted at the time of issuance of the rule is hereby vacated. Communicate the order at once. Ed. This Case is also Reported in: 15 MLR (HCD) (2010) 337. ..Category: Criminal Law | Date: | Hits: 97
Sultana Jute Mills Ltd. and another Vs. Bangladesh Bank and others, 2007, 36 CLC (HCD)
....mes of the petitioners in the CIB Report of Bangladesh Bank under the Borrower Code No.4999 as mentioned in Annexure-A should not be declared to have been passed without lawful authority and is of no legal effect and why the respondents should not be directed to delete the name of the petitioner fro......is discharged without any order as to cost. The order of stay granted at the time of issuance of Rule on 3.12.2000 is hereby vacated. Ed. This Case is also Reported in: 14 MLR (HCD) (2009) 434. ..Category: Civil Law | Date: | Hits: 112
Hachina Begum and others Vs. Abdul Mannan and others, 2010, 39 CLC (HCD)
.... Nos. 1-4 and Abdul Kader Mia in equal share, that is, 3 annas 4 gandas share; that the preparation of R.S. Khatian in the name of defendant Nos. 1-4 and Abdul Kader Mia was collusive and without any legal basis; that on the basis of wrong R.S. Khatian, the S.A. Khatian has also been prepared wrongl......arisal in Title Suit No.23 of 1978 is set-aside. Let a copy of the judgment along with lower Court's record be sent down at once. Ed. This Case is also Reported in: 30 BLD (HCD) (2010) 628. ..Category: Property Law | Date: | Hits: 146
Most. Shiuli alias Babi Vs. State, 2006, 35 CLC (HCD)
.... the accused persons are entitled to get acquittal. Even if there are elements of truth in the prosecution case that itself is not sufficient for conviction without being proved by the prosecution by legal and reliable evidence and the prosecution must prove the guilt of the accused persons beyond r......s discharged from her bail bond. 17. Send down the lower court records and a copy of the judgment and order to the court concerned. Ed. This Case is also Reported in: 27 BLD (HCD) (2007) 29. ..Category: Criminal Law | Date: | Hits: 95
M/s. Sonali Agency Vs. Chairman, National Board of Revenue and others, 2008, 37 CLC (HCD)
....any lawful authority. 17. In the result, the Rule is made absolute with cost. Impugned notice dated 04.06.01 is hereby declared to have been made without any lawful authority and as such, is of no legal effect and accordingly, quashed. Communicate at once. Ed. This Case is also Reported...... to have been made without any lawful authority and as such, is of no legal effect and accordingly, quashed. Communicate at once. Ed. This Case is also Reported in: 13 MLR (HCD) (2008) 313. ..Category: Fiscal/Taxation Law | Date: | Hits: 94
Md. Hafizur Rahman and others Vs. Government of Bangladesh and others, 2012, 41 CLC (HCD)
....declaration was duly made following the rules and procedure and inviting prior suggestion and objections by the Deputy Commissioner, Brahmanbaria. Subsequently the Government, after observance of all legal formalities declared Nabinagar Municipality to have been established comprising the said area ......cipality or union every when and then except in due process of law. Thus the Rule is disposed of with the above observations. Mohammad Bazlur Rahman J. - I agree. This Case is also Reported in: ..Category: Civil Law | Date: | Hits: 131
Shahidul Haque and others Vs. Bangladesh and others, 2012, 41 CLC (HCD)
....another Deputy Secretary as Administrator of NASCIB with a direction to hold the election of its central executive committee, while in Writ Petition No.9394 of 2010 the Rule was issued to examine the legality of a voter list prepared and finally published by its Election Board. 3. Facts leading t......evision No.357 of 2010 before the District Judge, Dhaka. In the said civil revision, learned District Judge issued a notice to show cause and passed an interim order directing the parties to maintain status quo on holding the election by his order dated 24.11.2010. 9. It needs to be clarified tha..Category: Civil Law | Date: | Hits: 114
Md. Fazlul Haque and others Vs. Government of Bangladesh and others, 2012, 41 CLC (HCD)
....racticing fraud upon the Housing and Settlement authority by showing himself as an affected person, which he was not. 4. The aforesaid Abeda Khatun died on 3.10.2003 leaving the petitioners as her legal heirs and heiresses. After her death, they made an enquiry and came to know that respondent No......i Rezaul Hossain, learned Advocate submits that when the writ petitioners by obtaining an information slip (annex–L to the writ petition) for the first time came to know on 22.8.2006 about the real status of Kofiluddin that he was not an affected person and had obtained the allotment order practic..Category: Property Law | Date: | Hits: 82
Md. Omar Faruque Vs. State and another, 2007, 36 CLC (HCD)
....er submitting resignation letter the authority of BRB cables became jealous to the accused petitioner and initiated the instant malicious prosecution on the basis of an omnibus allegation without any legal basis, which is nothing but to harass the innocent petitioner. Finally, Mr. Md. Zahangir em......enal Code now pending in the Court of the Magistrate, 1st Class, Kushtia is quashed. Communicate the order to the Court concerned. Ed. This Case is also Reported in: 15 BLT (HCD) (2007) 318. ..Category: Criminal Law | Date: | Hits: 92
Badsha Alam Vs. State, 2006, 35 CLC (HCD)
.... 14, 2006. Result: The appeal is allowed. In a criminal case, the prosecution can call upon the court to record its verdict of guilty only when it has proved its case by cogent and legal evidence. Suspicion however so high is no substitute of legal evidence and it can never form t......urably acquitted. The accused Badsha Alam who is currently on bail is discharged from his bail bond. Send down the L.C.R at once. Ed. This Case is also Reported in: 27 BLD (HCD) (2007) 21. ..Category: Criminal Law | Date: | Hits: 76
Labai Pramanik @ Nabab Ali Vs. State, 2005, 34 CLC (HCD)
....ge acquitted the other co-accused from the charges brought against them. 6. Mr. Khandakar Saiful Islam, the learned Advocate appearing for the convict appellant submitted that in fact there was no legal evidence to prove that deceased Shahida Khatun was the wife of sole appellant Labai, therefore......lant be set at liberty at once, if not wanted in connection with any other case. Send down the lower court's records immediately. Ed. This Case is also Reported in: 27 BLD (HCD) (2007) 156. ..Category: Criminal Law | Date: | Hits: 80
....
Zamirul Akhter, Advocate -For the petitioners.
J. K. Paul, Advocate-For respondent Nos.2-4.
Writ Petition No.8354 of 2010.
Judgment
Md. Ruhul Quddus. - This Rule at the instance of the legal heirs of a martyr freedom fighter was issued for a direction upon the respondents to give them......ter will be dealt strictly. Petitioner 4 Taj Nehar Begum will furnish her account number to the Trust within a month.
Mohammad Bazlur Rahman J. - I agree.
Ed.
This Case is also Reported in:
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Category: Others | Date: | Hits: 103
Md. Shawkat Ali Vs. Director General and others, 2010, 39 CLC (HCD)
....ion of the salary to the petitioner from May, 2005 as shown in the Monthly Payment Order (MPO) of May, 2005 (Annexure-C) should not be declared to have been made without lawful authority and is of no legal effect. 2. It has been stated in the writ petition that the petitioner, getting appointment......salaries from the month of May, 2005 as shown in the Monthly pay Order of May, 2005 and onward. Communicate this judgment at once. Ed. This Case is also Reported in: 18 BLT (HCD) (2010) 303. ..Category: Employment/Service Law | Date: | Hits: 119
Md. Akkas Ali Vs. Government of Bangladesh and others, 2010, 39 CLC (HCD)
....ent No.2 granting administrative approval for construction of new Biaghat Union Parishad Complex Bhaban at Jogandronagar (Annexure-'G') should not be declared to be without lawful authority and of no legal effect and/or such other or further order or orders passed as to this Court may seem fit and p......case, we find no merit in the Rule. The Rule, therefore, fails. Accordingly, the Rule is discharged without any order as to costs. Ed. This Case is also Reported in: 30 BLD (HCD) (2010) 390. ..Category: Administrative Law | Date: | Hits: 261
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