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Begum Shirin Akhtar Vs. Bangladesh House Building Finance Corporation and others, 2010, 39 CLC (HCD)
....earned judge can disposed of the cases without taking any further step. Send down the lower record. Communicate this order at once. Ed. This Case is also Reported in: 16 BLC (HCD) (2011) 1. ......is not so drastic that just on the failure of repayment, the schedule property given as security, automatiÂcally vest in the Corporation to be sold for realisation of loan money. As such I am of the view that on the event of failure for payment of loan the proceeding under Article 27 ought or shoul..Category: Civil Law | Date: | Hits: 198
Usha Chemical Industries Ltd. Vs. Bangladesh, 2008, 37 CLC (HCD)
....in a period of 3 months from the date of receipt of this order. With this direction this Writ Petition is sumÂmarily disposed of. Ed. This Case is also Reported in: 63 DLR (HCD) (2011) 563. ......ince the required 10% deposit was not made. Being aggrieved, the petitioner filed this writ petition. 3. Mr. Manzill Murshid, the learned Advocate appearing on behalf of petitioner submits that in view of the 2nd proviso to section 194 of the Customs Act, 1969, the Appellate Tribunal ought to hav..Category: Fiscal/Taxation Law | Date: | Hits: 280
....petition is declared to have been made without lawful authority. The respondents are directed to reinstate the petitioner in service.
Ed.
This Case is also Reported in: 44 DLR (HCD) (1992) 524.
......nager (Computer) in 1989. Be that as it may, the principle of last come fist out rule should have been followed before terminating the service of the petitioner but it was not followed.
8. In this view of the matter we hold that the petitioner’s service was terminated without lawful authority.
..
Category: Employment/Service Law | Date: | Hits: 207
Abdus Samad Khan & others Vs. Wazed Ali Fakir & others, 1992, 21 CLC (HCD)
....claim in respect of the remaining 1.21 acres of the suit land is dismissed. Parties will bear their respective costs althrough. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 495. ...... the vendor's title arising subsequent to the plaintiffs' agreement for sale. Plaintiffs' suit is not such a suit but is a suit for simple declaration of title in the suit land, as such we are of the view that the said doctrine is not applicable in the present case. 21. Had the plaintiffs file..Category: Property Law | Date: | Hits: 154
Abdul Latif alias Budu and 6 others Vs. State, 1992, 21 CLC (HCD)
.... learned Sessions Judge blamed the Police for not seizing the torch light on the presumption that P.W.3 Shamsul Islam in fact went to the place of occurrence with a torch light. This approach is also erroneous. The true approach would have been that if P.W. Shamsul Islam had a torch light with him, ......s. forming the searching party and as such it is improbable that they would wait for the prosecution witnesses to reach the place 10 to 12 cubits away from the place of incident and then within their view they would start assaulting and murdering Abdul Hakim. 13. We have already noticed that t..Category: Criminal Law | Date: | Hits: 139
Javed Traders and another Vs. Premier Soap Factory Ltd. and another, 1992, 21 CLC (HCD)
.... CPC on 5.12.88 by the petitioner for vacating the order passed on 23.11.1988 on the ground that in absence of a prior leave obtained by the opposite party to appear and defend the suit the order was erroneous in law. The learned Judge, however, heard the application for vacating the order on 14.12....... hearing no one appears. Mr. MI Farooqui contends that as without obtaining a prior leave to appear and defend the suit under Or. 37 r. 3 CPC the opposite parties cannot appear and defend the suit in view of rule 2(2) of Order 37 CPC the learned District Judge committed an error of law in its decisi..Category: Procedural Law | Date: | Hits: 155
Abdul Quddus Vs. Government of Bangladesh, 1990, 19 CLC (HCD)
....have no reason to interfere with the judgment and order. In the result, the Rule is discharged. We make no order as to costs. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 484.......otherwise disqualified for becoming a citizen by or under any law for the time being in force." 25. Respondent No.3 does not come under clause (i) of Article 2 but he comes under clause (ii) in view of the fact that he was a permanent resident" of the territories comprising Bangladesh on 25th ..Category: Property Law | Date: | Hits: 158
Shahadat Hossain & others Vs. State, 1985, 14 CLC (HCD)
....ppeal is dismissed and the order of conviction and sentence pasÂsed against him is confirmed. Anwarul Huque Chowdhury J. - I agree. Ed. This Case is also Reported in: 39 DLR (HCD) (1987) 72.......ersons on such identification evidence unless corroborated by some other evidence. 16. Moreover there was a delay of about 41 months in holding the T.I. Parade. Mr. Nasirul Islam contended that in view of the delay in holding the T.I. Parade, the value of the identification by P.W.3 loses its imÂ..Category: Criminal Law | Date: | Hits: 142
Kala Chand alias Chand Mia & others Vs. Karim Khan and others, 2002, 31 CLC (HCD)
....nate Judge, 1st Court, Narayangonj in Title Appeal No.148 of 1994 is hereby set aside. Send down the lower court records at once. Ed. This Case is also Reported in: 55 DLR (HCD) (2003) 564. ...... possession and collateral evidence of title and in a suit for permanent injunction where the plaintiff did not mention the boundary of the specific plot and there is no specific demarcation, in that view of the matter, granting injunction in favour of the plaintiff cannot be sustained. 9. Accord..Category: Property Law | Date: | Hits: 144
.... of law and thus call for no interference from this Court.
Accordingly, the Rule is discharged without any order as to costs.
Ed.
This Case is also Reported in: 44 DLR (HCD) (1992) 406.......he Assistant General‑Manager without any show cause notice. It is asserted by the plaintiff‑opposite‑party that the order of termination is mala fide. The plaintiff‑opposite‑party filed a Review petition but got no reply. Finding no other alternative the plaintiff filed the suit being Titl..
Category: Labour and Industrial Law | Date: | Hits: 233
Amir Hossain Farhad Vs. Dr. A Mannan, 1991, 20 CLC (HCD)
....ion controverting petitioner's claim. 4. Mr. Yusuf Hossain Humayun, the learned Advocate for the petitioner, submitted that the Sessions Judge was not justified in passing the impugned order on an erroneous view that the bidder was justified in not depositing the balance amount of the bid money a......verting petitioner's claim. 4. Mr. Yusuf Hossain Humayun, the learned Advocate for the petitioner, submitted that the Sessions Judge was not justified in passing the impugned order on an erroneous view that the bidder was justified in not depositing the balance amount of the bid money as the Magi..Category: Others | Date: | Hits: 172
Rafique‑Ul Huq Vs. Bangladesh and others, 1992, 21 CLC (HCD)
....irecting the petitioner to submit his passport is declared to have been made without any lawful authority and it has no legal effect. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 398. ......mco. The impugned order was passed by observing the procedures laid in Article 7(2)(c) and Article 7(4) of the Bangladesh Passport Order, 1973 and that the passport of the petitioner was impounded in view of his presence in the meeting held on 22.9.89 wherein amongst others it was agreed that Beximc..Category: Business or Commercial Law | Date: | Hits: 601
James D. Sarker Vs. Rajshahi Krishi Unnayan Bank, 1992, 21 CLC (HCD)
....llaneous Appeal is dismissed without any order as to costs. Let a copy of this judgment be transmitted to the Court below at once. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 394. ......further hearing the learned Advocate Mr. Nazrul Islam appeared for the plaintiff‑respondent. He then raised a preliminary objection as to the maintainability of the appeal. He has submitted that in view of the proviso of section 7 of the Artha Rin Adalat Act, 1990 (Act 4 of 1990) which came into f..Category: Civil Law | Date: | Hits: 169
.... in the impugned order of the learned Additional District Judge. As a result, the Rule is discharged without any order as to costs.
Ed.
This Case is also Reported in: 44 DLR (HCD) (1992) 392.
......ndant opposite party No.2 filed any written statement in the suit. The learned Advocate for the petitioner, however, contends that the defendant opposite party No.2 did not appear in the suit. In any view of the matter, it is clear that the learned Munsif was not justified in striking out the writte..
Category: Procedural Law | Date: | Hits: 132
Abul Bashar Vs. The State, 1992, 21 CLC (HCD)
.... is thus made absolute. The petitioner should be set at liberty at once, if not wanted in connection with any other case. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 391. ......r intentionally put any person in fear of any injury to that person or any other person and thereby dishonestly induces the person so put in fear to deliver any property to the accused, etc. In view of above, the revisional application is allowed and the impugned proceeding is quashed. T..Category: Criminal Law | Date: | Hits: 104
....ormulated in this application is in the affirmative and against the Revenue.
Parties are to bear their respective costs althrough.
Ed.
This Case is also Reported in: 44 DLR (HCD) (1992) 389.
......carrying on the business of the assessee company. It is unfortunate to observe that the Tribunal which is the last fact finding forum has not at all given its attention to this aspect of the case. In view of the observations made in the decisions referred to above we find that the word "levy" has be..
Category: Fiscal/Taxation Law | Date: | Hits: 266
Mayajan Bibi Vs. Monohar Ali, 1984, 13 CLC (HCD)
....r Order 9, rule 13 C.P.C. The Rule is, accordingly, made absolute without any order as to costs and the imÂpugned order set aside. Ed. This Case is also Reported in: 39 DLR (HCD) (1987) 68. ......ustive and the Court has no power, even inherent power, to set aside the ex parte decree, on ground not mentioned in Rule 13." 6. The preponderance of judicial opinion seems to be in favour of the view that where the grounds, as stated in the rule, cannot be made out, the Court cannot never these..Category: Procedural Law | Date: | Hits: 127
Nowsher Ali & others Vs. State, 1986, 15 CLC (HCD)
....pheld and reference is accepted. Sentence of death passed on each appellant is merely confirmed. Mohammad Sohrab Ali J. - I agree. Ed. This Case is also Reported in: 39 DLR (HCD) (1987) 57. ...... That learned Additional Sessions Judge on consideration of the entire evidence on record, came to the conclusion that guilt of the appellants was fully brought home to each of them and being of that view lie passed death sentence on each of them as indicated above. 10. Mr. Serajul Hoque the lear..Category: Criminal Law | Date: | Hits: 134
Noor Hossain and other Vs. State, 2002, 31 CLC (HCD)
....down the LC records along with a copy of this judgment to the trial Court concerned immediately for information and necessary action. Ed. This Case is also Reported in: 55 DLR (HCD) (2003) 557. ...... same to the informant of this case. But from the evidence of concerned investigating officer it transpires that he is not a charge-sheet witness even nor he was examined during investigation and, in view of such facts and circumstances, specially in a case of murder, the evidence of this P.W.11 sho..Category: Criminal Law | Date: | Hits: 111
Noor Jamal Vs. State and another, 2009, 38 CLC (HCD)
....etropolitan Assistant Sessions Judge, 5th Court, Dhaka should not be quashed. The order of stay granted earlier shall stand vacated. Ed. This Case is also Reported in: 63 DLR (HCD) (2011) 531.......he legal notice in the petition of comÂplaint, the case will render illegal when all other ingredients in filling the case is very much available in the materials on record. We find support of above view in the case of Nizamuddin Mahmood Vs. Abdul Hamid Bhuiyan reported in 60 DLR (AD) 195. 21. M..Category: Criminal Law | Date: | Hits: 103
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