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Jalaluddin @ Badsha Vs. State, 1986, 15 CLC (HCD)
.... of the charge. The appellant shall be set at liberty forthwith if not wanted in any other connection. Latifur Rahman J.- I agree. Ed. This Case is also Reported in:38 DLR (HCD) (1986) 119. ......olam Rasul, Assistant Sessions Judge, Kishoreganj convicting the appellant under section 493 of the Penal Code and sentencing him to suffer rigorous imprisonment for 10 years. 2. The prosecution case was that the appellant Md. Jalaluddin alias Badsha was the neighbour of complainant Helana Kh..Category: Family Law | Date: | Hits: 108
M. Anwar Hossain and others Vs. Government of Bangladesh and others, 2011, 40 CLC (HCD)
....া কোনো বাংলাদেশি মানুষের পক্ষেই সম্ভব না।” Sheikh Md. Zakir Hossain J. - I agree. Ed. This Case is also Reported in: ...... 27 DLR 186; APSRT Corp. Vs. Satya Narayan (AIR 1965 SC1303; Gouriet Vs. Unioin of post Office Workers and Others[1977]1 CA All ER; Asma Jilani Vs. Government of Punjab PLD 1972 SC 139; 5th Amendment case (AD); BIMW Ltd. Vs Bangladesh and others 2006 (Special Issue) BLT (HCD) at page 67; Oacker Vs. ..Category: Criminal Law | Date: | Hits: 154
Amarbati Natya Mandir Vs. State, 2009, 38 CLC (HCD)
....n for leave to proceed with the suit after amendment of the plaint is allowed. The order of abatement of the suit is also set aside. Ed. This Case is also Reported in: 61 DLR (HCD) (2009) 217. ......ontended on behalf of the appellant that the trial Court erred in law in treating the suit as one filed by a private individual Shri Piyush Kami Ghosh without looking at the description of the in the case title and the relief claimed in the suit. According to the plaintiff, the proprietary right in ..Category: Civil Law | Date: | Hits: 104
Agrani Bank Vs. Orbit Enterprise Ltd and another, 2009, 38 CLC (HCD)
....it at the rate of 15% per annum till realization. Send down the LC record at once. Communicate this order at once. Ed. This Case is also Reported in: 61 DLR (HCD) (2009) 710. ......intiff instituted Title Suit No. 17 of 1988 before the Subordinate Judge Dhaka against the respondents for recovery of money after selling the property mortgaged with the plaintiff Bank. 3. Plaint case, in short, is that plaintiff-bank on 30-4-84 advanced a loan facility by an overdraft of Taka 8..Category: Civil Law | Date: | Hits: 95
Md. Abdul Jabbar Sarker Vs. State and another, 2011, 40 CLC (HCD)
....Rule. In the result, the Rule is discharged. Office is directed to send down the lower Court record with copy of this Judgment. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 103. ......etitioner since 23-10-2011. 5. Ms. Purobi Rani Sharma, the learned Assistant-Attorney-General, appearing for the State (opposite party No.1) submits that she has no instruction with regard to this case. 6. We have perused the materials on the lower Court record called for by the Rule issuing o..Category: Procedural Law | Date: | Hits: 92
Abdul Motaleb and others Vs. Customs, Excise and VAT Appellate Tribunal, 2011, 40 CLC (HCD)
....tice dated 14-2-2008 (Annexure-C) is also declared to have been passed and issued without lawful authority and is of no legal effect. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 100. ......rs after placing the petition, impugned Judgment and order, the order passed by the respondent No.3 and other relevant Annexures mainly advanced a sole argument that the tribunal while deciding the case acted with material irregularity and misdirected itself in not holding that without issuing any..Category: Fiscal/Taxation Law | Date: | Hits: 135
Rezia Sultan & another Vs. Md. Haroon Malik and another, 2011, 40 CLC (HCD)
....cellaneous case No.192 of 1980 are set aside. Send down the lower Court records at once. Communicate this order at once. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 347. ......Small Cause Courts are constituted under section 5 of Small Causes Courts Act, 1887; section 15 of the Act provides for jurisdiction of Courts of Small Causes i.e. the Court has jurisdiction in the case of eviction of the tenant and Small Causes Courts cannot decide title of any party, it has no j..Category: Civil Law | Date: | Hits: 94
Muhibur Rahman Manik and another Vs. State, 2006, 35 CLC (HCD)
....originated from First Information Report in the subsequent Chatak Police Station Case No.13(3)1999 which sprouted up from Second Information Report is a very much disturbing phenomena striking at the root of prosecution case. Report dated 26.3.1999 cannot be said to be First Information Report Falli......ts proved or assumed to be proved. Generality of expression that may be found cannot be intended to be exposition of whole law but must be regarded as governed or qualified by particular facts of the case in which such expression occurs. It is neither desirable nor permissible to pick up a word or s..Category: Criminal Law | Date: | Hits: 83
Hashem Ali & Others Vs. Suruj Ali & Others, 2010, 39 CLC (HCD)
....t Judge, 1st Court, Tangail, is hereby set aside and that of the trial Court is restored. Let the LC records be sent down at once. Ed. This Case is also Reported in: 18 BLT (HCD) (2010) 295. ......e 0.30 acres of land out of C.S. Plot No.171 and 303 through the registered sub-kabala No.766, dated 2.2.1937 is a baseless finding which cannot be maintained under the facts and circumstances of the case. 12. The learned Advocate Mr. Mozammel Hoque Bhuiyan, finanly argued that the trial Court ha..Category: Property Law | Date: | Hits: 83
Khorshid Nayeem and others Vs. Land Appeal Board land others, 2010, 39 CLC (HCD)
.... to the extent of 5.17 acres as it originally stood. Communicate this Judgment to the Land Appeal Board (respondent No.1) at once. Ed. This Case is also Reported in: 17 BLC (HCD) (2012) 511. ......Hakim J.- On an application under Article 102 of the Constitution, this Rule Nisi was issued calling upon the respondents to show cause as to why the order dated 9-12-2003 passed by the Full board in case No.3 -108 of 1995 (Review) Dhaka (Annexure D), order dated 29-8-1995 passed by the Chairman, La..Category: Property Law | Date: | Hits: 115
Dutex Enterprise Co. Ltd. Vs. RMS Textile and Apparels Ltd. and others, 2010, 39 CLC (HCD)
....ssible, preferably within six 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: 17 MLR (HCD) (2012) 393. ......is the intermediary between the issuing bank and the seller i.e. the beneficiary. It pays or negotiates documents or drafts tendered with documents or simply advises the credit to the beneficiary. In case of an irrevocable letter of credit it pays and negotiates documents on demand and (iv) the sell..Category: Business or Commercial Law | Date: | Hits: 365
Moti Mia Alias Motin Vs. State, 2008, 37 CLC (HCD)
....e does not call for any interference. In the result, the Rule is discharged. The order of stay granted earlier shall stand vacated. Ed. This Case is also Reported in: 30 BLD (HCD) (2010) 87. ......ce of some previous design or forethought. It means an actual intention, the existing intention of the moment, and is proved by, or inferred from, the acts of the accused and the circumstances of the case…………………………(14) Culpable homicide and grievous hurt The offence of cu..Category: Criminal Law | Date: | Hits: 66
....tay granted earlier by this Court stands vacated.
Let a copy of this judgment along with lower Courts record be sent down at once.
Ed.
This Case is also Reported in: 30 BLD (HCD) (2010) 363.
......-Bil-Ewaz deeds were created after the death of their father Bilat Ali Mondal by false personification. Hence the suit.
3. The defendants contested the suit by filing written statement denying the case of the plaintiffs stating, inter-alia, that the suit of the plaintiffs is not maintainable inas..
Category: Property Law | Date: | Hits: 66
....ischarged without any order as to cost.
The order of stay stands vacated.
Communicate the judgment to respondent No.2 at once.
Ed.
This Case is also Reported in: 30 BLD (HCD) (2010) 359.
......ted 14.2.1999 in preliminary form and the final decree was drawn up and signed on 20.4.2000. The judgment debtors having failed to pay the decretal amount, the Bank on 14.3.2001 filed Title execution case no 24 of 2001 for execution of the decree and after promulgation of the Artha Rin Adalat Ain 20..
Category: Civil Law | Date: | Hits: 85
Md. Ragib Hasan Khan @ Munu Vs. State and another, 2009, 38 CLC (HCD)
....itled to get any relief as prayed for. Hence the rule fails. In the result, the Rule is discharged. Order of stay stands vacated. Ed. This Case is also Reported in: 30 BLD (HCD) (2010) 353. ...... other provision of the Code. (b) the power can be exercised to prevent the abuse of the process of the court which is to be exercised very sparingly with circumspection and in the rarest of rare cases when exceptional features are brought to notice, and (c) this power can be exercised only ..Category: Procedural Law | Date: | Hits: 79
Pubali Bank Ltd. Vs. Contech Ltd. and others, 2005, 34 CLC (HCD)
....he existence of a prima facie case, the irreparability of loss and balance of convenience and inconvenience must co-exist before granting temporary injunction. These are the principles which are deep rooted not only within our jurisdiction but in all other jurisdictions in the matter of temporary in......nd odd. The respondents contested the suit by filing written statement. The aforesaid suit was for realisation of unpaid loan amount that was taken by the respondents from the appellant bank. In that case the respondents in their written statement though admitted the loan liability but came up with ..Category: Civil Law | Date: | Hits: 87
Aleka Khatun and others Vs. Government of Bangladesh, 2004, 33 CLC (HCD)
....ch, we hold that this writ petition is also bad for this reason. In the result, the Rule is discharged without any order as to cost. Ed. This Case is also Reported in: 61 DLR (HCD) (2009) 693. ...... disputed area, as such, there is no question of encroachment of the land of the writ petitioners on the part of the Government for installing CNG filling station. Respondent No. 5 totally denied the case of the writ petitioners and stated that land measuring 1.17 acres in CS Plot No. 327 was fully ..Category: Property Law | Date: | Hits: 69
Alam Taj Begum @ Monowar Begum & others Vs. Nimai Chandra Roy, 2009, 38 CLC (HCD)
....ntained. The order of stay granted at the time of issuance of the Rule is hereby vacated. Send down the LC Records immediately. Ed. This Case is also Reported in: 61 DLR (HCD) (2009) 764. ......Judge, Borguna Sadar, Borguna in Title Suit No.115 of 1998 should not be set aside and or pass such other or further order or others as to this Court may seem fit and proper. 2. Short facts of the case are as follows: The opposite party No. 1 as plaintiff instituted Title Suit No. 115/98 before t..Category: Procedural Law | Date: | Hits: 69
Abdul Quddus Vs. Mobarak Hossain, 1996, 25 CLC (HCD)
.... therefore, discharged. The order of stay granted earlier by this Court on 7‑4‑96 is also hereby vacated. No order as to costs. Ed. This Case is also Reported in:48 DLR (HCD) (1996) 572. ......he suit is illegal and it has resulted in an error in the decision occasioning failure of justice. 6. In support of his submission Mr. Sultan Ahmed, the learned Counsel, cites the decisions in the case of Bangladesh Shilpa Bank Vs. Bangladesh Hotels Ltd., reported in 38 DLR (AD) 70, Azizzur Rahma..Category: Procedural Law | Date: | Hits: 82
Akbar Hossain (Md.) Vs. Bangladesh and others, 1996, 25 CLC (HCD)
....d superfluous order to this effect. With the above observation, the Rule is, accordingly, discharged without any order as to costs. Ed. This Case is also Reported in:48 DLR (HCD) (1996) 291. ......official Gazette notifying that the property has been excluded from the list of abandoned buildings. 15. Mr. Farooqui further submits that such notification has been made by the Government in many cases in accordance with the decision of the Court of Settlement and/or in accordance with the decis..Category: Property Law | Date: | Hits: 77
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