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Wahida Rashid (Most) and another Vs. Miron Muhammad Zahidul Hoque, 1990, 19 CLC (HCD)
....Chockia Thevar Vs. Shanmugasundaram Chetliar and another, AIR 1965 (Madras) 610; Chief Kwame Asante, Tredehene Vs. Chief Kwame Tawia, 9 DLR (PC) 686; AIR 1956 (Madras) 611; Mafizuddin Mia Vs. Muzlim Khandaker and others, 6 DLR 588; Neyaz Ahmed Khan Vs. Anwari Khatoon, 22 DLR 444, Santosh Lala Ghope ......ad with Order 46 rule 7 of the Code of Civil Procedure, wherein it has been categorically provided that trial of Small Cause case by a Court not invested with Small Courts power is not a nullity when noted objection to such trial was taken initially. The learned Advocate also referred to section 23 ..Category: Property Law | Date: | Hits: 66
Chowdhury Miah Vs. Dhanindra Kumar Shil and others, 1992, 21 CLC (HCD)
....the trial Judge is directed to hear and dispose of the suit within 28th February, 1993. Let a copy of the order be sent down at once. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 110. ......complete deposition of the witness and pay any attention to it. The learned Judges held that was a good argument and they decided to exclude her incomplete statement. The learned Judges referred to a note of a case, 5 CWN 230. That was also a case in which the cross‑examination of a witness examin..Category: Procedural Law | Date: | Hits: 91
....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.
......arif & Co. gave Tk. 10,000.00 demand draft to the Mill Manager and requested him to accept the tender and it was accepted with "Note" of the Managing Director of the Mills. But during enquiry no such note was made available to the Enquiry Officer and no Officer of the Mill had been able to show the ..
Category: Others | Date: | Hits: 128
Nazir Ahmed and others Vs. Md. Hazee Kalu, 1989, 18 CLC (HCD)
.... Their case was that Ejahar Mia did not sell the suit land to the plaintiff and the plaintiff never got possession of the same. Ejahar Mia took loan of some money from the plaintiff and executed some handnotes as security for the loan. They further alleged that there was an agreement that the plaint......ir case was that Ejahar Mia did not sell the suit land to the plaintiff and the plaintiff never got possession of the same. Ejahar Mia took loan of some money from the plaintiff and executed some handnotes as security for the loan. They further alleged that there was an agreement that the plaintiff ..Category: Property Law | Date: | Hits: 66
Adamjee Sons Limited Vs. Jiban Bima Corporation, 1992, 21 CLC (HCD)
.... LIGH Ariff and others Vs. Bengal Silk Mills Lid. and another, 1949 Cal. 350; Zeauddin and others Vs. Abdur Rafique and others, 1952 Pat. 66; All India Groundnut Syndicate Ltd. 1945 Bom. 07; Amar Chand Vs. Anwari Lall Rakshit, 1949 Cal. 608; Hari Prashad Vs. Mr. Soogni Devi, 67 IC 123; Manilal Vs......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
Sarwar Kamal and others Vs. State, 1992, 21 CLC (HCD)
....the impugned judgment and order of conviction and sentence is wholly bad, illegal and as the same has passed against the weight of evidence on record. The learned Advocate for the State, on the other hand, has submitted that the learned Assistant Sessions Judges has on due consideration of the evide......ected to surrender to his bail bond and serve out the remaining sentence. Let the records be sent down to the lower court expeditiously. Ed. This Case is also Reported in: 48 DLR (1996) 61. ..Category: Criminal Law | Date: | Hits: 86
SDS Dairy Limited Vs. Bangladesh and others, 2011, 40 CLC (HCD)
....ompany is allowed to sell schedule-A property by private negotiation, it will not affect the interest of the decree-holder bank in any manner, but the petitioner will be benefited. 8. On the other hand Mr. Ali Mostafa Khan appearing with Ms. Nahid Sultana, learned Advocates for the respondent ban......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
Mohammad Shahabuddin Vs. Government of the People’s Republic of Bangladesh, 2011, 40 CLC (HCD)
....ing that the board in subsequent occasion has decided to issue an offer letter by escalating the cost on condition to withdraw this writ petition, but it has not also been so done. 4. On the other hand, respondent No.3 has filed an affidavit-in-opposition stating that on failure to have the appro...... Let a Copy of this judgment be sent to the concerned authority at once for information and necessary action. Md. Akram Hossain Chowdhury J. - I agree. Ed. This Case is also Reported in: ..Category: Others | Date: | Hits: 133
Zahangir Sheikh and another Vs. State, 2011, 40 CLC (HCD)
....ng injury to her right ear, when the other took gold ornaments from his daughter. Hearing her (daughter’s) cry, the informant waked up and saw the robbers standing in his front with Ramdao in their hands. He could recognize two of them as Zahangir and Emdad (herein the appellants) in electric ligh......Session Case No.41 of 1995 is hereby set aside. The appellants are released from their bail bond. Send down the lower Court records. Borhanuddin J. - I agree. This Case is also Reported in: ..Category: Criminal Law | Date: | Hits: 58
Babul and others Vs. State, 2011, 40 CLC (HCD)
....d him (Abdur Rashid). In the background of such enmity, appellant Nos.1 and 2 called him on 13.10.1997 at about 1.00 p.m. to go for fishing. At about 6 p.m. they (appellant Nos.1 and 2) came back and handed over his wearing apparels with some fishes to her husband. He asked them his (Abdur Rashid’......other case. Since appellant No.3 Abdur Rab Chowkider is on bail, he is released from his bail bond. Send down the lower Court records. Borhanuddin J.-I agree. This Case is also Reported in: ..Category: Criminal Law | Date: | Hits: 111
Tobarak Ali Sikder Vs. Administrator of Waqfs, 1992, 21 CLC (HCD)
....ance the order, excluding the mutwalli from the mutwalliship, has been issued. He further submits that the petitioner was not even given an opportunity to reply to the allegations. 4. On the other hand, Mr. Baset Mazumder, the learned Advocate appearing on behalf of the respondent Nos. 2, 3 and 4......the Waqf Ordinance is without jurisdiction and has, therefore, no legal effect. The parties are to bear their own costs in this case. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 70...Category: Trust/Waqf Law | Date: | Hits: 157
Gouri Rani Dutta Vs. Taib Ali & others, 1989, 18 CLC (HCD)
....equent suit namely, Title Suit No. 108 of 1986, is barred under provisions of Order XXIII rule 1(3) C.P.C. 9. Mr. M I Faruqui, learned Advocate for the plaintiff‑opposite parties, on the other hand, submits that there is absolutely no legal bar in instituting as many suits as the plaintiffs c......eement with the decision given in the Lahore case. 15. Mr. MI Faruqui further submits that the learned Single Judge of this Division in summarily disposing of Civil Order No.727 of 1986 has also noted several times in the judgment that fresh permission need not be given to the plaintiffs t..Category: Procedural Law | Date: | Hits: 92
Bangladesh Vs. Abdul Wahab & others, 1991, 20 CLC (HCD)
....ection 5 of Limitation Act cannot be granted merely on the ground that the prescribed period of limitation was not sufficient so far as Government was concerned because the matter had to pass through hands of several officers. Government department should be more vigilant as Government Department is...... a decision reported in AIR 1987 Vol. 74 page 1353 observed in the following language: “In fact on account of an impersonal machinery and the inherited bureaucratic methodology impugned with the note‑making, file pushing, and passing of the buck ethos, on part of the State is less difficult t..Category: Procedural Law | Date: | Hits: 87
Tajjaternessa Vs. Md. Suruj Mia and others, 1992, 21 CLC (HCD)
....1984 inasmuch as final decree had already been passed on compromise between all the parties on 25.11.1964. 4. Mr. Md. Amir Hossain, learned Advocate for the Opposite Party Nos.1 to 3, on the other hand, submits that as per terms of the compromise petition opposite parties filed an application for...... 1963 is set aside. Any of the parties to decree in that suit may apply for engrossment of the decree on stamped paper, if so advised. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 28. ..Category: Property Law | Date: | Hits: 76
Sheikh Md. Shahidun Nabi Vs. University of Dhaka and others, 1991, 20 CLC (HCD)
....ইবে।” On receipt of the said letter (Annexure‑D) the petitioner met the Assistant Controller of Examination‑2 in his chamber and the said Assistant Controller of Examination‑2 handed over a sheet of plain paper to the petitioner and gave dictation to the petitioner in Bengali......in passing the impugned order dated 28.11.89 (Annexure-I). In the result, the Rule is discharged but without any order as to costs. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 20. ..Category: Others | Date: | Hits: 122
Munshi Amiruddin Ahmed Vs. Begum Shamsun Nahar, 1994, 23 CLC (HCD)
....he landlord as advance to be adjusted against the rent and for that reason by adjusting the arrear rents from the said unadjusted advance it was held that the tenant was not a defaulter. On the other hand, in the case reported in 1984 BCR 520 (AD) a sum of Taka 1,000.00 was paid by the tenant to the......dge in refusing for ejectment in favour of the plaintiff petitioner. In the result, the Rule is discharged without any order as to costs. Ed. This Case is also Referred to: 48 DLR (1996) 21. ..Category: Tenancy Law | Date: | Hits: 167
Aftab Uddin (Md.) Vs. Bangladesh, 1995, 24 CLC (HCD)
....in flagrant violation of Article 116 of the Constitution and, as such, cannot be sustained. 12. Mr.TH Khan, the learned Counsel, appearing on behalf of the contesting respondent, has, on the other hand, contended that the petitioner is aggrieved as he has been superseded by three District Judges ......n said that the Article, if suitably expanded, should be read as follows: "Appointments of persons to be, and the posting and promotion of (persons to be) District Judges, etc". 40. It would be noted that in India District Judges which include Additional District Judges may be appointed, eithe..Category: Employment/Service Law | Date: | Hits: 173
Bangladesh Vs. M/s. Mashrique Textiles and others, 1982, 11 CLC (AD)
....ut the supply of gunny bags by the plaintiff to the defendants. Plaintiff claims that he is entitled to get 5% price of the goods supplied to the defendants amounting to Taka 208,654.02. On the other hand, the defendants, contention is that plaintiff drew excess payment of Tk. 39,09,358.00 without, ......at the agreement be filed in Court must, however, stand. The appeal is accordingly disposed of. There will be no order as to costs. Ed. This Case is also Reported in: 35 DLR (AD) (1983) 66. ..Category: Alternative Dispute Resolution | Date: | Hits: 147
Md. Anowarul Mustakin and another Vs. State, 2011, 40 CLC (HCD)
....oss-examination this witness stated that the accused Mostakim is a student of Rajshahi University in the Department of Business Administration and he is a good student and a good player. On the other hand the accused Alauddin was a BDR personnel. He further stated that he did not give any mark on th......scharged from their respective bail bonds. Send down the lower Court records with a copy of this judgment immediately. Md. Ashraful Kamal J. - I agree. Ed. This Case is also Reported in: ..Category: Criminal Law | Date: | Hits: 68
Md. Wasiq Khan Vs. Md. Sabiq Khan and others, 1978, 7 CLC (AD)
....pur, 381; Giridharlal Vs. Deputy-Commissioner, AIR 1929, Oudh, 35; Gazaraj Vs. Swaminath, 39 Allahabad, 13; 51 Calcutta, 715, Sajeda Khatun Vs. Mostafa Khatun, (1976) 28 DLR 221; Damodar Vs. Sarat Chandra, 13 CWN 846; Kumud Nath Vs. Jathindra Nath, 38 Calcutta 394; Mathura Vs. Ram Charan, 37 Allah...... with costs. The decisions of the courts below are set aside. The Miscellaneous case before the court below shall proceed as usual. Ed. This Case is also Reported in: 31 DLR (AD) (1979) 51. ..Category: Procedural Law | Date: | Hits: 80
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