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Aminur Rashid Chowdhury Vs. Government of Bangladesh and others, 2012, 41 CLC (AD)
....pugned the said letter dated 07.05.2006 in the writ petition. 5. The writ respondent No.1 filed an affidavit-in-opposition in the writ petition stating, inter alia, that the writ petitioner has no legal right to challenge the mere approval of lease in writ jurisdiction before finalization of the ...... of land". Security of Tk. 1000/- is to be deposited within 1 (one) month. Preparation of paper book, as prayed for, is dispensed with. Ed. This Case is also Reported in:9 ADC (2012) 650. ..Category: Civil Law | Date: | Hits: 182
Prof. Serajul Islam Chowdhury and others Vs. Jahangirnagar University and others, 2009, 38 CLC (HCD)
....rnagar University Act, 1973 (in short, the Act) and in particular the order dated 13.9.2008 of the Syndicate (Annexure-G) shall not be declared to have been made without lawful authority and is of no legal effect for failure to comply with the requirements of a fair inquiry and the principle of natu...... Judgment complying with the principles of natural justice and fairness. 62. There is no order as to costs. Ed. This Case is also Reported in: 30 BLD (HCD) (2010) 6; 61 DLR (HCD) (2009) 744 ..Category: Employment/Service Law | Date: | Hits: 169
Moniruzzaman (Md.) Vs. Bangladesh House Building Finance Corporation and others, 2010, 39 CLC (HCD)
....ct Judge" as the forum for making the application there is no scope for giving it an extended meaning and include 'Special' or 'Additional' District Judge within the definition of "District Judge" by legal fiction or by parity of reasoning. One of the fundamental principles of interpretation of stat......ay passed earlier is hereby vacated. There shall, however, be no order as to cost. Communicate a copy of this judgment at once. Ed. This Case is also Reported in: 16 BLC (HCD) (2011) 239. ..Category: Property Law | Date: | Hits: 127
Santosh Mia Vs. State, 1989, 18 CLC (HCD)
....nd that of the appellant. A suggestion remains as such unless it is backed by statement of prosecution witnesses elicited during cross-examination. A suggestion is not permissible substitutes for legal testimony. 23. Another grievance has been made by the learned Advocate for the appellant is......nced to 5 (five) years rigorous imprisonment. In the result, the appeal is dismissed and the Rule is made absolute in above terms. Ed. This Case is also Reported in:42 DLR (HCD) (1990) 171. ..Category: Criminal Law | Date: | Hits: 118
Arshad and others Vs. State and another, 2010, 39 CLC (HCD)
.... on the self same allegations against the same accused, and the accused petitioners having been acquitted under section 248 Cr.P.C. on the basis of withdrawal petition of complaint, shall stands as a legal bar for the purpose of initiating the impugned 2nd complaint proceeding. The principle of......rder passed in connection with the Rule sands vacated. Send a copy of the judgment and order to the concerned Court below at once. Ed. This Case is also Reported in: 16 BLC (HCD) (2011) 233. ..Category: Procedural Law | Date: | Hits: 108
Jahirul Islam (Md.) Vs. Rokeya Begum and others, 2009, 38 CLC (HCD)
....d of agreement is admitted fact and there is no evidence to the effect that the said agreement has been cancelled by the executants. And the same having been enforce the defendant Nos. 1-3 were not legally entitled to transfer the suit property in favour of the defendant No.4 beyond the knowledge ......of the rule stands vacated. Send down the lower Court record together with copy of the judgment to the Courts below expeditiously. Ed. This Case is also Reported in: 16 BLC (HCD) (2011) 225. ..Category: Civil Law | Date: | Hits: 153
Abul Hashem Vs. Mahmuda Khatoon & another, 2012, 41 CLC (HCD)
....For the Opposite Party No.1. Civil Revision No.4632 of 2008. Judgment Md. Emdadul Huq J.- This Civil Revision, at the instance of the defendant (husband) of a Family Suit, involves several legal and factual issues, namely the subsistence of an admitted marriage between the defendant and t......; 29) In the absence of record of disputed amount of dower, the plaintiff site should produce more credible evidence e.g. the dower fixed in other marriages of the girls of that family, the family status of the plaintiff and other relevant matters such as "age, beauty, fortune, understanding and ..Category: Family Law | Date: | Hits: 246
....essed the suit land by building four-roof tin hut and running business thereform upon payment of rents on proper receipt.
4. Then, Shaheb Ali died leaving plaintiff No.1 to 7 as his only heirs and legal representatives. Plaintiffs paid rents up to 1998. In the month of Agrahyan 1405 BS defendant ......rights prepared in the revisional survey in respect of the suit land in the name of Government is hereby declared incorrect and wrong: and must be corrected in the name of plaintiffs.
17. Order of status quo granted earlier at the time of issue of the Rule on 15.12.02 is hereby recalled and vacat..
Category: Property Law | Date: | Hits: 100
Anwar Hossain (Md.) and others Vs. State and others, 2003, 32 CLC (HCD)
....on a judicial enquiry into the alleged unlawful restraint. The detention of a person being an encroachment on the liberty of the subject, an order under section 3 of the Special Powers Act would be illegal unless the authority makes a lawful order. If a habeas corpus petition is filed, the Court may......strict Magistrates, Dhaka, Chittagong and Khulna, by postal guaranteed service for their Guidance and to act in accordance with law. Ed. This Case is also Reported in: 55 DLR (HCD) (2003) 643. ..Category: Criminal Law | Date: | Hits: 114
Muhibur Rahman Manik and others Vs. Bangladesh and others, 2003, 32 CLC (HCD)
....d to be unconstitutional and void and also why the transfer of the cases of the petitioners to the Druto Bichar Tribunal should not be declared to have been done without lawful authority and is of no legal effect. 2. As in these three Rules, the vires of section 6 of Druto Bichar Tribunal Ain (he......ion of law. In the result, the Rules are discharged without any order as to cost. The orders of stay granted earlier are vacated. Ed. This Case is also Reported in: 55 DLR (HCD) (2003) 636. ..Category: Criminal Law | Date: | Hits: 177
Md. Momtaz Uddin Vs. Sreemoti Bimala Rani Roy @ Bigini Roy and others, 2008, 37 CLC (HCD)
....h both plaintiff Bimala and defendant No.3 Ram Rup Roy took specific plea that kabala dated 10.5.1968 by Samchi vendor of defendant no.2 Momtaz Uddin of kabala deed dated 24.1.94 was also collusive illegal and factious. In above connection learned Advocate for the petitioner refers to Ext. ga Inf......dated 27.4.2002 by appellate Court in T.A. 154/97 be recalled. L.C records along with copy of the judgment be sent down accordingly. Ed. This Case is also Reported in: 18 BLT (HCD) (2010) 1. ..Category: Procedural Law | Date: | Hits: 118
Md. Atiqur Rahman @ Milon and others Vs. State, 2009, 38 CLC (HCD)
....arrested accused and the witnesses, it was known that the aforesaid factory had been operating jointly by Rustom Ali, Afsar Ali, Parvez, Md. Azizur Rahman Molla for the last 3/4 years and have been illegally producing the above mentioned products. The factory was sealed in presence of Mr. Yousuf Ali......ction of the Court on further undertaking to produce the same to the Court on and when directed by the Court. Communicate at once. Ed. This Case is also Reported in: 18 BLT (HCD) (2010) 409. ..Category: Procedural Law | Date: | Hits: 142
Md. Abdul Mazid Miah Vs. Sree Shuvendu Sekhor, 2010,39 CLC (HCD)
....ed no error of law………………………………(8) The Courts below having been rested upon consideration and discussions of materials on record and also on a correct and proper analysis of legal aspects involved in suit and since there is no misreading or misappreciation of the materials ...... case No.19 of 1993 within two months from the date of receipt of this order. Office is directed to communicate the order at once. Ed. This Case is also Reported in: 18 BLT (HCD) (2010) 413. ..Category: Procedural Law | Date: | Hits: 163
Dr. Md. Mofizur Rahman and others Vs. Md. Bashirullah and another, 2003, 32 CLC (HCD)
....e is no sufficient money in the account. He then brought this fact to the notice of the accused petitioners who made delaying tactics and did not pay the money. Finding no other alternative he sent a legal notice on 8‑4‑2001 in the address of the residence of the accused petitioners Theol Medica...... court of Metropolitan Magistrate, Dhaka is hereby quashed. Communicate the order to the Court of Metropolitan Magistrate, Dhaka. Ed. This Case is also Reported in: 55 DLR (HCD) (2003) 630. ..Category: Civil Law | Date: | Hits: 163
Islami Bank and others Vs. Dewan Md. Yusuf, 2002, 31 CLC (HCD)
....of the said bouncing, the plaintiff approached the defendant No.2 and asked for the reasons, but the said defendant was unable to give a worthwhile explanation. A couple of correspondences, including legal notices, and replies, were exchanged between the parties afterwards, whereby the plaintiff cla......udgment and the decree passed by the learned Court below. In view of above the appeal is dismissed without any order as to cost. Ed. This Case is also Reported in: 55 DLR (HCD) (2003) 624. ..Category: Criminal Law | Date: | Hits: 130
Nadira Alam Vs. State, 2010, 39 CLC (HCD)
....before the concerned bank of 25-9-2006, 12-10-2006, 12-10-2006 and lastly on 23-11-2006 but the same was dishonoured due to "insufficient fund." 3. It is further stated that the complainant issued legal notice to the accused on 14-12-2006 which was received on 20-12-2006. But the accused did not ...... Bazar for compliance who is directed to dispose the case in the light of observation made in the body of judgment on priority basis. Ed. This Case is also Reported in: 16 BLC (HCD) (2011) 218. ..Category: Criminal Law | Date: | Hits: 134
....inating the contracts for the supply of fertilizer in each of the six cases under consideration on that ground (Annexures-F in all the applications). It is shown that in this factual, contractual and legal milieu, and with a view to exploring the possibility of an amicable settlement of the contradi...... Orders previously made in each of these cases by this Court are also accordingly maintained.
17. There are no orders as to costs.
Ed.
This Case is also Reported in: 7 LG (HCD) (2010) 64.
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Category: Alternative Dispute Resolution | Date: | Hits: 589
Abdus Satter and others Vs. Abdun Noor and others, 1997, 26 CLC (HCD)
....sain reported in 33 DLR (AD) 259 it is held that once the pre‑emptee raises objection as to non‑impleading of necessary parties before trial with some particulars the pre‑emptor is under a legal obligation to lead evidence to show that the left‑out co‑sharers do not have any subsistin...... a chance to amend their application under section 96 of the State Acquisition and Tenancy Act by adding left‑out necessary parties. Ed. This case is also Reported in:49 DLR (HCD) (1997) 414. ..Category: Property Law | Date: | Hits: 155
....rmine those issues first under Order 14 rule 2 CPC and postpone the settlement of the issues of fact until after the issues of law have been determined. This is so even where the determination of the legal issues will rebut or establish a part of the case, The question whether the Court‑fee paid w......ht of the observations made above. There will be no order as to costs. The order of stay granted earlier by this Court stands vacated.
Ed.
This case is also Reported in:49 DLR (HCD) (1997) 564.
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Category: Procedural Law | Date: | Hits: 152
Shahanewas Vs. Government of Bangladesh and others, 1997, 26 CLC (HCD)
....er dated 11‑6‑97 vide Annexure B not considering the petition of the detenu to release him from Noakhali Jail custody should not be declared to have been passed without lawful authority and of no legal effect. 2. At the time of issuance of the Rule this Court directed the Officer‑in‑Charg...... convict Abul Hashem, son of Habibur Rahman as the warrant of accused has already been executed by arresting a wrong person i.e. the detenu. This Case is also Reported in: 50 DLR (HCD) (1998) 633. ..Category: Criminal Law | Date: | Hits: 88
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