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Amin Mia (Md.) Vs. Nazir Ahmed and another, 2008, 37 CLC (AD)
....on correct assessment of the materials on record arrived at a correct decision. The petition is dismissed. Ed. This Case is also Reported in: 63 DLR (AD) (2011) 136, 19 BLT (AD) (2011)137. ....... 8. The informant as P.W.1 claimed that he gave cheques of Tk. 38, 00,000 to the accused-petitioner Nazir Ahmed for doing business of importing powder milk but there was no written agreement or document to prove the contention From the evidence of P.W. 5, the Investigating Officer it appeare..Category: Criminal Law | Date: | Hits: 89
Sadharan Bima Corporation Vs. Philoship Co. S A, 1990, 19 CLC (HCD)
....of the case as stated above, I find no merit in the present suit and as such it is dismissed on contest without any order as to costs. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 31. ......present suit is not maintainable against the defendants inasmuch as the plaintiff has no cause of action against the defendants particularly against defendant No.3. 5. The plaintiff has filed some documents and papers which are marked as Ext.1 series on admission and the defendants have filed som..Category: Admiralty Law or Maritime Law | Date: | Hits: 177
Farid Ahmed and others Vs. State and another, 1990, 19 CLC (HCD)
.... of earlier complaint is not maintainable. The petition merits no consideration. Therefore, the application is summarily rejected. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 30. ...... of earlier complaint is not maintainable. The petition merits no consideration. Therefore, the application is summarily rejected. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 30. ..Category: Criminal Law | Date: | Hits: 78
Nurul Islam & others Vs. Noor Mohammad, 1991, 20 CLC (HCD)
....d conflicting judgment. In the facts and circumstances of the case, I am inclined to hold that if the two suits are heard by the same Court one after another simultaneously that will meet the ends of justice. In the case of M/s Ayat Ali Bhuiyan and Company Ltd. Vs. Janata Bank, 40 DLR 56, a Division......der as to costs. The Court below is directed to dispose of the suits in accordance with law in the light of the observation made above. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 29...Category: Procedural Law | Date: | Hits: 51
Bangladesh Mukti Judda Kallyan Trust Vs. Nurul Hossain and others, 1990, 19 CLC (HCD)
....se of its inherent power, require the offending party, by issuing a temporary injunction in mandatory form, to restore the status quo ante. This principle is in consonance with fair administration of justice and this power of making an order of mandatory injunction on an interlocutory application, m...... of law; therefore it is liable to be set aside. In elaborating this point further he has submitted that the plaintiff having no prima facie case even for a temporary injunction in the absence of any document showing prima facie title of the plaintiff in the suit, the plaintiff was not entitled even..Category: Property Law | Date: | Hits: 389
Anisul Islam Mahmood and others Vs. Government of Bangladesh, 1991, 20 CLC (HCD)
....ng before the said Special Tribunal under section 7(b) of the said Act to be without lawful authority and of no legal effect (provided, of course, that the detenu did not remain fugitive from law and justice and surrendered to the jurisdiction of the Special Tribunal in question). Mr. Hasan Ariff, t......on or on licence, is the legality of the detention, and the necessity for a licence to justify the patient's absence, and if it is shown and admitted, as in the present case, that, on the face of the documents produced and Received in evidence without objection, the detention was illegal, the whole ..Category: Criminal Law | Date: | Hits: 88
Bangladesh Vs. Anisur Rahman and another, 2011, 40 CLC (AD)
....it the concise statement within 25th April, 2011 and 1 (one) week thereafter the respondent shall file the concise statement positively. Ed. This Case is also Reported in: VIII ADC (2011) 383. ......e said 1 bigha of land. Because the very lease of M/S. L. Mallik and Company was cancelled through letter dated 01.12.1985 for flagrant violation of the condition of the said lease deed. That had the documents regarding the lease in favour of “Hanif Industries” and “Dainik Janakantha” been p..Category: Property Law | Date: | Hits: 85
Abdus Salam Vs. Hafez Ahmed and others, 2011, 40 CLC (AD)
....he suit afresh after framing an issue as to plaintiffs' claim of adverse possession. 9. The learned Counsel the petitioners has argued also that the revisional court has committed wrong and also injustice in setting aside the concurrent findings and decisions of the courts of facts without taking...... dismissed. That the plaintiffs never had any title or possession in the suit tank and as such the suit filed by them is liable to be dismissed. 4. Both the parties adduced evidence, both oral and documentary, in support of their respective cases before the trial court. On consideration of those ..Category: Property Law | Date: | Hits: 77
Mohammad Mahbubur Rahman Vs. G.M Mostafa and another, 2011, 40 CLC (AD)
....at it was only reasonable and conscionable to allow the adjournment application to give an opportunity to the petitioner to pursue his lawful remedy and not to pass any order to defeat the cause of justice of the Republic and of the property. 16. The learned Counsel further submits that the pet...... 28.02.2010 passed by the High Court Division in Contempt Petition No. 156 of 2009 and 83 of 2009 be stayed till disposal of the appeals. Ed. This Case is also Reported in: VIII ADC (2011) 361. ..Category: Others | Date: | Hits: 118
Md. Ashraful Islam Vs. State, 2009, 38 CLC (AD)
....tion under Section 19(1) Table 1(Kha) of Narcotics Control Act, 1990 is not sustainable in law and as such, the conviction and sentence passed by the trial Court is liable to be set aside for ends of justice. The learned Counsel further submitted that the P.W.I, informant stated in his deposition ......stance in the submissions of the learned Counsel for the appellant. Accordingly, the appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: VIII ADC (2011) 354. ..Category: Criminal Law | Date: | Hits: 80
Public Service Commission Vs. Mohammad Sohel Rana and others, 2010, 39 CLC (AD)
....ame subject matter. We hope that the High Court Division will not persuade to exercise its power in future in the manner it has exercised and will follow the precedents strictly for the interest of justice, otherwise the administration of justice will be difficult and the peoples' perception tow......t Division. The judgment of the High Court Division is accordingly set aside. These petitions are disposed of with the above observation. Ed. This Case is also Reported in: VIII ADC (2011) 332. ..Category: Constitutional Law | Date: | Hits: 247
....oceed with the construction on the aforesaid drain‑passage further.
The rule is, accordingly, made absolute. No order as to costs.
Ed.
This Case is also Reported in: 45 DLR (HCD) (1993) 331.......oceed with the construction on the aforesaid drain‑passage further.
The rule is, accordingly, made absolute. No order as to costs.
Ed.
This Case is also Reported in: 45 DLR (HCD) (1993) 331...
Category: Property Law | Date: | Hits: 58
Alauddin (Md.) and others Vs. Yusuf Ali and another, 1993, 22 CLC (HCD)
....ourt in the form of a revisional application and obtained this Rule on the ground that the Court below failed to make proper appraisal of material evidence on record and thereby caused miscarriage of justice. 6. Mr. Mihir Kanti Mazumder, the learned Advocate for the petitioners, submits that whil...... a copy of the Kabala dated 28.4.81, Annexure 'A' and a copy of the plaint which have been placed before me by the learned Advocate for the petitioner and it appears that in the schedules of both the documents the total area of land i.e. '63 decimals has been shown as ejmali property but the part of..Category: Property Law | Date: | Hits: 101
Nasirul Islam Vs. Bangladesh and others, 2011, 40 CLC (HCD)
....ssued under section 33 (7) of the Artha Rin Adalat Ain, 2003. All the said actions were done and proceedings were taken beyond the knowledge of the petitioner. Thereafter he served a notice demanding justice dated 13.5.2008 upon the decree-holder bank requesting to release his property from the sche......he Artha Rin Suit, the decree passed therein, application for execution and order sheets have been annexed with the writ petition to make out a case- Without such statement and in absence of the such documents, presumption is that the auction notice has been rightly published. Lawyers Involved: ..Category: Civil Law | Date: | Hits: 85
State Vs. Nurul Hoque and another, 1992, 21 CLC (HCD)
....que along with his brother Shahebullah and Tajul Islam came to his house and then also he assaulted his daughter by brick on her head and he took this matter to the Chairman of the Union Parishad for justice and the matter was settled on compromise and thereafter Nurul Hoque again took his daughter ......be set at liberty at once, if not wanted in connection with any other case. The death penalty, as held herein before, is affirmed. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 306. ..Category: Criminal Law | Date: | Hits: 76
....inquent students.
15. The Supreme Court of Pakistan, in the case of Chief Commissioner Karachi Vs. Mrs. Dina Sohrah Katrak, reported in PLD 1959 (SC) 45 laid down as rule, the principle of natural justice, "Maxim: audi alteram partem" No man shall be condemned unheard" applies to judicial as well...... lawful authority and the same are of no legal effect.
In the result, both the Rules are made without however any order as to costs.
Ed.
This Case is also Reported in: 45 DLR (HCD) (1993) 292...
Category: Others | Date: | Hits: 153
Buddhi Sankar Biswas Vs. Akbar Ali Sheikh, 1991, 20 CLC (HCD)
....nsel submits that the report of the District Judge withholding the service return was practically no service in the eye of law. Therefore, he prayed for rehearing of the revision case for the ends of justice invoking the aid of section 151 of the Code of Civil Procedure. 5. Mr. Hassan Foez Siddiq......de of Civil Procedure for rehearing of the Civil Revision Case No.1181 of 1980 is hereby rejected without any order as to costs. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 242. ..Category: Property Law | Date: | Hits: 90
Tofail Ahmed Vs. Chairman, Anti-Corruption Commission and others, 2010, 39 CLC (HCD)
....copy of this judgment be immediately transmitted to the respondent No.1 for information and necessary action. Ed. This Case is also Reported in: 62 DLR (HCD) (2010) 33; 15 MLR (HCD) (2010) 177. ......arty Caretaker Government for the purpose of overseeing general elections in Bangladesh. Be that as it may, the respondent Nos.2 and 3 made applications to the respondent No.4 for permission to seize documents relating to the bank accounts of one Millon and Abdul Momin Tulu in Bhola alleging that th..Category: Anti-Corruption Laws | Date: | Hits: 200
Mahabub Alam Faruq (Md.) and another Vs. Bangladesh, 2009, 38 CLC (HCD)
.... Md. Khairul Huda which is evident from Annexure A. Thereafter the petitioner made a prayer before the ADC Revenue for accepting rent from them but in vain and, as such, by serving a notice demanding justice the petitioners requested the respondent for receiving rent from them but with no response a......nts are further directed to inform this Court about the compliance thereof within 45 days from the date of the receipt of this judgment. Ed. This Case is also Reported in: 62 DLR (HCD) (2010) 31...Category: Property Law | Date: | Hits: 69
Saroj Kumar Sarker and others Vs. Manoj Kumar Sarkar, 2007, 36 CLC (HCD)
....ppeal No.197 of 1987 arising out of Title Suit No.138 of 1985 now pending before the learned District Judge, Manikgonj require to be heard analogously and for that purpose it is necessary for ends of justice to transfer Title Appeal No.197 of 1987 from the Court of District Judge, Manikgonj to this ...... Manikgonj is withdrawn and transferred 1othis Court for hearing along with the First Appeal No.15 of 1988 analogously. Communicate. Ed. This Case is also Reported in: 62 DLR (HCD) (2010) 25...Category: Property Law | Date: | Hits: 68
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