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Shariful Bhuiyan and another Vs. State, 2009, 38 CLC (HCD)
....in 3 (three) months from the date of receipt of this order. Let a copy of the judgment be sent to the trial Court concerned at once. Ed. This Case is also Reported in: 63 DLR (HCD) (2011) 524.......§Ťŕ¦Şŕ¦°ŕ§Ťŕ¦•ŕ§‡ জেরা। 18. On scrutiny, it is revealed that only P.W.2 Dulal Mia, P.W.3 Zakir Hossain and P.W.4 Ripon are required to be re-called and cross-examined. Thus we are of the view that ends of justice will met if a chance is given to the accused petitioners to re-call and cr..Category: Procedural Law | Date: | Hits: 129
Grameen Telecom Vs. Dr. Rowshan Alam and another, 2010, 39 CLC (HCD)
....ew that the revisional application is liable to be rejected. Accordingly, the Rule is discharged. There being no order as to costs. Ed. This Case is also Reported in: 63 DLR (HCD) (2011) 523. ......passing such an impugned order. Therefore, we hold that the petitioner is not compeÂtent to challenge the impugned order passed by the trial Court. With the brief discussions made above we are of view that the revisional application is liable to be rejected. Accordingly, the Rule is discharge..Category: Procedural Law | Date: | Hits: 100
Md. Abul Boshar Vs. Minakhi Begum & others, 2011, 40 CLC (HCD)
.... being Civil Rule No.773 (F) of 2007 is discharged. Let a copy of the judgment along with lower Court's record be sent down at once. Ed. This Case is also Reported in: 63 DLR (HCD) (2011) 519....... on record to show that the plaintiff offered the balance amount to defendant No.1 or that the defendant No.1 refused to execute the deed on getting offer to receive the balance amount, we are of the view that the trial Court below rightly arrived at a finding that the plaintiff failed to perform hi..Category: Property Law | Date: | Hits: 105
....ot arbitrarily.
In the result, this Rule is discharged but without any order as to costs.
Anwarul Hoque Chowdhury J.- I agree.
Ed.
This Case is also Reported in: 39 DLR (HCD) (1987) 122.
......0 shares of the Company in favour of the Amlani and others on 12.02.1971 we hold that petitioners how hold 50000 shares in the company which is 15.40 of the total shares issued by the Company. But in view of the subsequent 'memo’ on transfer of Jute and Textile Mills amending the terms and conditi..
Category: Company Law | Date: | Hits: 162
Manoo Meah Vs. Sultan Ahmed Khan, 1984, 13 CLC (HCD)
....out so as to attract the revisional jurisÂdiction of this Court. The Rule is accordingly discharged without any order as to costs. Ed. This Case is also Reported in: 39 DLR (HCD) (1987) 119.......nly power that is given under sub-rule (1) is a power of dismissal. It necessarily follows that unÂder this sub-rule the Court has no power to go into the merits and dismiss an appeal on merits. The view that an order of dismisÂsal of an appeal on merits under sub-rule (1) of rule 17 is illegal fi..Category: Procedural Law | Date: | Hits: 116
Mrs. Saleha Khatoon Vs. State, 1984, 13 CLC (HCD)
....ceed in accordance with law and concluded expeditiously. Send down the records at once. Abdul Matin Khan Chowdhury J. - I agree. Ed. This Case is also Reported in: 39 DLR (HCD) (1987) 109.......as Saleha Khatun divested her interest in favÂour of one Moniruzzaman and it is Halima who is in possession of the entire properties left by father of both Saleha Khatuan and her hatband and in that view of the matter she prayed for partition of her 16 annas share. 4. This petitioner before us a..Category: Criminal Law | Date: | Hits: 117
Pubali Bank Ltd. Vs. Chairman, 1st Labour Court, Dhaka & others, 1986, 15 CLC (HCD)
....to costs. However, we direct the Labour Court to dispose of the original cases expeditiously. Anwarul Hoque Chowdhury J. - I agree. Ed. This Case is also Reported in: 39 DLR (HCD) (1987) 128....... I.R.O. The learned Advocate has also raised questions of maintainability of the application under secÂtion 34 of the I.R.O. filed by the petitioner-respondents before the Labour Court, which in our view should be left open for decision by the Labour Court. 5. In these Rules we are concerned wit..Category: Labour and Industrial Law | Date: | Hits: 147
Promode Ranjan Paul & others Vs. Government of BanglaÂdesh & others, 1986, 15 CLC (HCD)
....order as to costs. The judgment and decree of the learned Subordinate Judge are set aside and those of the learned Munsif restored. Ed. This Case is also Reported in: 39 DLR (HCD) (1987) 132. ......learned DepÂuty Attorney General appearing for the Government of Bangladesh, has submitted that the principle laid down in the Benoy Bhushans case has no manner of application to the present case in view of the specific finding of the learned Subordinate Judge that the lessee defendant Nos.3 is in ..Category: Property Law | Date: | Hits: 107
Siraj Mia (Md.) Vs. Nasima Akhter and another, 2002, 31 CLC (HCD)
....laintiff is directed to put in stamp duty and registration fee on the valuation of the suit land at Taka 1,68,000 shown in the plaint. Ed. This Case is also Reported in: 55 DLR (HCD) (2003) 554.......erested witness and further plaint case is that, balance consideration money was tendered but refused whereas P.W.1 stated that balance consideration money was paid. 12. Accordingly, we are of the view that the plaintiff failed to prove tender and or payment of balance consideration money of Taka..Category: Property Law | Date: | Hits: 104
Bijoy Kumar Shaha Vs. DC, Chuadanga and others, 2002, 31 CLC (HCD)
....egal and malafide. The impugned judgment passed by the learned Subordinate Judge is found to be well supported by the evidence on record. The learned District Judge on a mechanical view of law and on erroneous assumption of facts dismissed the suit without at all considering the attending facts and ......ourt is certainly competent to strike down such an order of suspension, as a malafide act by its very nature is an act done without any lawful authority and, as such not protected by law, and in such view of the matter, the learned District Judge clearly erred in law in passing the impugned judgment..Category: Employment/Service Law | Date: | Hits: 194
Cyma Zarrar Vs. Arab Bangladesh Bank Limited and others, 2010, 39 CLC (HCD)
....t District Judge and Artha Rin Adalat No.3 in Miscellaneous Case No.9 of 2005 are hereby affirmed. There is no order as to costs. Ed. This Case is also Reported in: 63 DLR (HCD) (2011) 514. ...... case cited above both the Appellate Division and High Court Division have held that any order passed by the Artha Rin Adalat is not amenable to revisional jurisdiction of the High Court Division. In view of the pronouncements of the Appellate Division and the High Court Division cited above, we are..Category: Procedural Law | Date: | Hits: 121
Lila Begum and others Vs. Faruque Meah and another, 2010, 39 CLC (HCD)
....in both the Revisions are hereby recalled and vacated. Send down the LC Record immediately. However, there is no order as to costs. Ed. This Case is also Reported in: 63 DLR (HCD) (2011) 507. ......ditionÂal evidence in appellate stage and the said provision of law is also applicable in the revisional Court. He also submits that in the similar circumstances our Appellate Division expressed the view to accept the additional evidence even in revisional stage. In supÂport he cited the decisions..Category: Property Law | Date: | Hits: 97
ABM Quabil Ahmed Vs. Secretary, Ministry of Health and another, 1991, 20 CLC (HCD)
....n within a reasonable time. The Rule is, accordingly, discharged with above observation. There shall be no order as to costs. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 385.......The action of the Board in allowing the unrecognized institutions to function was, however, found lawful. 6. In the meantime a new Board was formed with Mr. Khan‑e‑Alam Khan as Chairman. In view of the decision in the Writ Petition the new Board declined to allow the students who underwent..Category: Others | Date: | Hits: 154
Dalilur Rahman and others Vs. State, 1991, 20 CLC (HCD)
....nted by this court be discharged from his bail bond. Let the Criminal Revision No.1020 (R)/91 be disposed of accordingly. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 379. ......f accused Afzal Mia to rape his wife on the night following 28.10.86 in the absence of the accused Afzal and he was beaten by the wife of Afzal and others is not only fantastic but also improbable in view of the fact that Afzal is the brother's son of deceased Habibur Rahman and the case filed by th..Category: Criminal Law | Date: | Hits: 148
Golam Nasir Vs. Abdul Aziz, 1986, 15 CLC (HCD)
....f 1982 in accordance with law. Let the records of the Court below be sent down at once. Syed Misbahuddin Hossain J.- I agree. Ed. This Case is also Reported in: 39 DLR (HCD) (1987) 103. ...... was fixed for execution report of warrant of arrest and not for appearance hut without noticing the purpose for which the said date was fixed the Magistrate acquitted the respondent Nos.1-8. In that view of the matter the order was not only arbitrary but also manifestly illegal inÂasmuch as the im..Category: Criminal Law | Date: | Hits: 123
Hellenic Lines Ltd. Vs. People's Republic of Bangladesh, 1985, 14 CLC (HCD)
....smissed without any order as to costs. The judgment and decree passed by the trial Court are affirmed. Md. Abdul Jalil J.- I agree. Ed. This Case is also Reported in: 39 DLR (HCD) (1987) 93........5(c) dated 02.03.1968 requested defendant No.1 to extend time of ship survey so as to allow him to get delivery of the documents from the Customs Authority. Although this was a reasonable request in view of the fact that without the deli-vary of the documents from the Customs Authority the survey c..Category: Business or Commercial Law | Date: | Hits: 463
Shahr Banoo Mohsin Asgar and another Vs. Lailun Nahar Ershad and others, 1991, 20 CLC (HCD)
.... do application on merit. There shall, however, be no order as to costs. Let a copy of this order be sent down expeditiously. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 552....... Vs. Parul Bala Debi and others 24 DLR 117, Md. Amir Hossain Sarder Vs. Sarat Chandra and other, 31 DLR 109, Mozaffar Ahmed & others Vs. Moulvi Saleh Ahmed and other 40 DLR 239. 11. Similar view was also expressed in the case of Baidynath Dubey Vs. Deonandan Singh, 1968 SCD 275 where the S..Category: Procedural Law | Date: | Hits: 130
Deputy Commissioner (Revenue), Sylhet Vs. Sudhir Chandra, 1991, 20 CLC (HCD)
.... rejected. The order passed in Civil Order No.2454/90 on 20‑12‑90 in connection with this application stands vacated. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 549. ...... the Code of Civil Procedure read with section 151 of the said Code has been preferred by the Government of the People’s Republic of Bangladesh, represented by the Deputy Commissioner, Sylhet for reviewing the judgment and decree dated 7th and 8th March, 1989 passed by this Court in Sylhet High Co..Category: Property Law | Date: | Hits: 157
....ction given above the learned Assistant Judge, Naria, shall report compliance to the Registrar, Supreme Court of Bangladesh, Dhaka.
Ed.
This Case is also Reported in: 44 DLR (HCD) (1992) 545.......teamed Assistant Judge acted absolutely beyond his jurisdiction in rejecting the Execution Case inasmuch as he had no option but to take steps under Order 21 rule 32 of the Code of Civil Procedure in view of the fact that the decree for permanent injunction is still in force and the defendants are b..
Category: Property Law | Date: | Hits: 123
Shewe Hla Prue TK Vs. Commissioner, Chittagong Division, Chittagong and others, 1992, 21 CLC (HCD)
....ithout lawful authority and to be of no legal effect. In the result, the Rule is made absolute without any order as to costs. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 539.......ithout lawful authority and to be of no legal effect. In the result, the Rule is made absolute without any order as to costs. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 539...Category: Others | Date: | Hits: 171
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