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Chandra Banu wife of Lalu Mallick Vs. State and another, 1982, 11 CLC (HCD)
....Rule is accordingly made absolute with direction as above. Send down the records at once. Anwarul Hoque Chowdhury J.- I agree. Ed. This Case is also Reported in: 35 DLR (HCD) (1983) 70. ......are still passing such orders which on the very face of it are illegal. It appears that the Sub-Divisional Magistrate who passed the impugned order, has not cared even to read the relevant law. The question of consent will arise only when the machinery is set in notion by way of an application fro......Rule is accordingly made absolute with direction as above. Send down the records at once. Anwarul Hoque Chowdhury J.- I agree. Ed. This Case is also Reported in: 35 DLR (HCD) (1983) 70. ..Category: Criminal Law | Date: | Hits: 94
Mostafa Chowdhury & another Vs. State & another, 1982, 11 CLC (HCD)
....e and the respective proceedings quashed, as prayed for. Let the record be sent down at once. Mohammad Abdur Rouf J.- I agree. Ed. This Case is also Reported in:35 DLR (HCD) (1983) 68. ......e Court of a Magistrate, 1st Class, Sadar, Sylhet and Criminal Revision No.202 of 1980 arises out of C.R. Case No.1830 of 1979 of the Court of Sub-Divisional Magistrate, Sadar, Sylhet. Since a common question of law has been heard together they will be disposed of by this Judgment. We have heard the...... that the share of a partner in the assets of the firm cannot be determined until an account has been taken and all the debts has been discharged and as such the only remedy of a copartner in the facts as in the present cases is to ask for an account or for dissolution of the partnership itself...Category: Criminal Law | Date: | Hits: 87
Md. Shermat Ali Vs. Mossammat Lilifa Khatun, 2005, 34 CLC (HCD)
..... 13. The order of stay granted at the time of issuance of the rule stands vacated. Send down the Lower Court's Record at once. Ed. This Case is also Reported in: 15 BLT (HCD) (2007) 439. ......া, ডাকঘরঃ সিঙ্গের গাড়ী থানাঃ কিশোরগঞ্জ, জেলাঃ নীলফামারী।” 11. Now it is the only pertinent question to be decided as to whether both the Courts below has misread or misconstrued the Ext. Ka t...... রাজি।” 9. Mr. Md. Sajjad Ali Chowdhury, the learned Advocate on appearing for the Opposite Party submitted that the impugned Judgment and decree being based on concurrent finding of facts the same is not liable to be interfered by this Court. 10. For the sack of met the ends of ..Category: Family Law | Date: | Hits: 224
Sree Babul Kumar Biswas Vs. Sree Khudiram Jaladas, 2007, 36 CLC (HCD)
....f injunction granted by this Court dated 12.1.2004 shall remain is force till the execution Case is disposed of on full satisfaction. Ed. This Case is also Reported in: 15 BLT (HCD) (2007) 421. ......f injunction granted by this Court dated 12.1.2004 shall remain is force till the execution Case is disposed of on full satisfaction. Ed. This Case is also Reported in: 15 BLT (HCD) (2007) 421. ......f injunction granted by this Court dated 12.1.2004 shall remain is force till the execution Case is disposed of on full satisfaction. Ed. This Case is also Reported in: 15 BLT (HCD) (2007) 421. ..Category: Procedural Law | Date: | Hits: 253
....ranted by this Court dated 23.11.2004 is hereby vacated.
13. The office is directed to send down the lower Court's record at once.
Ed.
This Case is also Reported in: 15 BLT (HCD) (2007) 418.
......ranted by this Court dated 23.11.2004 is hereby vacated.
13. The office is directed to send down the lower Court's record at once.
Ed.
This Case is also Reported in: 15 BLT (HCD) (2007) 418.
......ranted by this Court dated 23.11.2004 is hereby vacated.
13. The office is directed to send down the lower Court's record at once.
Ed.
This Case is also Reported in: 15 BLT (HCD) (2007) 418.
..
Category: Civil Law | Date: | Hits: 104
lqbal Hossain Talukder (Md.) Vs. Md. Joinal Abedin Talukder and 76‑others, 2002, 31 CLC (HCD)
.... their respective costs. Lower Court Record be sent down at once. A copy of this Judgment be transmitted to Courts concerned. Ed. This Case is also Reported in: 55 DLR (HCD) (2003) 604. ...... OPW 2 Ismail Prodhania, it appears that their testimonies suffer from inconsistencies and, also, contradictions. In order to deprive a co-sharer in getting a Statutory right of Pre‑emption, on the question of Waiver and Acquiescence there must be strict proof with consistent testimonies by reliab......ding under Pre‑emption proceeding. Petitioner shall be described as Pre-emptee-Petitioner and First to Seventh Opposite Parties will be referred to as Preemptors-Opposite-Parties. 3. The precise facts forming background of this Revision Petition are stated succinctly hereunder. 4. Pre-emptor..Category: Property Law | Date: | Hits: 116
Durga Rani Sutradhar Vs. Paresh Chandra Sutradhar, 2002, 31 CLC (HCD)
....ance with law and in the light of our observations given above. We prefer to make no order as to cost. Send down the LCR at once. Ed. This Case is also Reported in: 55 DLR (HCD) (2003) 600. ...... submitted in the court and when it was found missing, the petitioner relied on photo copy and adduced evidence to prove genuineness of the same and none denied as to the genuineness of the "Will' in question. 5. Mr. SS Halder the learned Senior Counsel along with his junior learned Advocate Mr. ......ganj in Miscellaneous Appeal No.13/88 affirming those of the learned Subordinate Judge passed on 6-4‑1988 as District Delegate in the above mentioned original Miscellaneous case. 2. The relevant facts giving rise to this appeal, in short, are that the petitioner Durga Rani Sutradhar wife of the..Category: Property Law | Date: | Hits: 113
....him from service, marked Annexure-A to the petition, is declared to have been made without lawful authority and is of no legal effect.
Ed.
This Case is also Reported in: 16 BLC (HCD) (2011) 62.
......him from service, marked Annexure-A to the petition, is declared to have been made without lawful authority and is of no legal effect.
Ed.
This Case is also Reported in: 16 BLC (HCD) (2011) 62.
......him from service, marked Annexure-A to the petition, is declared to have been made without lawful authority and is of no legal effect.
Ed.
This Case is also Reported in: 16 BLC (HCD) (2011) 62.
..
Category: Employment/Service Law | Date: | Hits: 205
Nirman International Ltd. and another Vs. Janata Bank, 2010, 39 CLC (HCD)
....r Rahman Khan, learned Advocate appearing before us who lighted us by presenting the law properly. Communicate this order at once. Ed. This Case is also Reported in: 16 BLC (HCD) (2011) 57. ......be executable in Bangladesh as law does not permit so, the Courts below committed gross illegality in not considering the application under Order VII Rule 11 of the Code of Civil Procedure. 5. The question is very limited as whether UAE is reciprocating territory of Bangladesh and if not, then ac......rejecting the petitioner's application filed for dismissal of the said Money Execution proceeding and/or such other further order or orders as to this Court may seem fit and proper. 2. The short facts relating for disposal of the rule are that, the opposite party obtaineddecree on 27-3-2000 in ..Category: Civil Law | Date: | Hits: 168
Bangladesh Water Development Board and other Vs. Progati Prakaushali & another, 1996, 25 CLC (HCD)
.... legally made the award a rule of the Court. In view of the facts and circumstances of the case, there will be no order as to cost. Ed. This case is also Reported in:49 DLR (HCD) (1997) 335. ......tten objection was in fact an application under section 33 of the Arbitration Act, yet the learned Subordinate Judge on valid ground kept that application out of consideration. 11. Now a pertinent question to be decided in the instant case is as to whether the instant appeal filed by the second p......on No.1724 of 1996 (Converted from FMA No. 385 of1994). Judgment Syed Amirul Islam J.- This appeal arises out of a proceeding under sections 14 and 17 of the Arbitration Act. 2. The relevant facts that are necessary for the purpose of disposal of this appeal are that, the Progati Prakaushal..Category: Alternative Dispute Resolution | Date: | Hits: 606
Abdul Latif Vs. Md. Sheesh, 1982, 11 CLC (HCD)
....The valuation matter is decided in favour of the plaintiff and the learned Munsif is directed to proceed with the trial of the suit. Ed. This Case is also Reported in:35 DLR (HCD) (1983) 205. ......and paid a fixed Court fee of Tk. 20/- on the plaint. The suit came up for hearing in the trial Court regarding the valuation matter. The learned Munsif held that until and unless the sale-deed in question is set aside by a competent Court of law the said deed has got some bearing as to the owner......The valuation matter is decided in favour of the plaintiff and the learned Munsif is directed to proceed with the trial of the suit. Ed. This Case is also Reported in:35 DLR (HCD) (1983) 205. ..Category: Civil Law | Date: | Hits: 123
Abdul Mannan Talukder Vs. State, 1982, 11 CLC (HCD)
..... The Rule is, accordingly, made absolute. Send down the records at once, if received. Anwarul Hoque Chowdhury J.- I agree. Ed. This Case is also Reported in:35 DLR (HCD) (1983) 202. ....... The Rule is, accordingly, made absolute. Send down the records at once, if received. Anwarul Hoque Chowdhury J.- I agree. Ed. This Case is also Reported in:35 DLR (HCD) (1983) 202. ......ed and the deceased which subsequently ended in a divorce and further that she had instituted a suit for maintenance against the deceased Sultan. We are, therefore, of the clear opinion that in the facts and circumstances of the instant case when a man has been done to death out of enmity and pers..Category: Criminal Law | Date: | Hits: 145
Rawsan Ara Begum alias Rawshani Vs. State, 2005, 34 CLC (HCD)
....nt who is on bail is discharged from the bail bond. Send down the lower Court records at once for information and necessary action. Ed. This Case is also Reported in: 15 BLT (HCD) (2007) 29. ......use of accused Rawshan Ara at village Huzrikanda. In view of the medical evidence as testified by P.W.9, Dr. A.P.M. Hezbul Bari it is indisputable that the deceased Joynal was lynched. 23. Now the question calls for our considerations whether the appellant had any complicity with this particular ...... offence by excluding the possibility that any other person might have committed the offence. The chain of events must be such that the possibility of innocence of accused is wholly excluded and such facts are incapable of explanation of any, other reasonable hypothesis other than the guilt of the a..Category: Criminal Law | Date: | Hits: 142
Mohammad Ali Miah and others Vs. Md. Sekander Ali Haowlader, 2007, 36 CLC (HCD)
....at the rate of 15% per annum will be charged upon this amount from the date of decree till realization. Send down the LCR at once. Ed. This Case is also Reported in: 15 BLT (HCD) (2007) 484. ......ds that would make it judicial. No hard and fast rules can be laid down. In exercising its discretionary power a Court will grant or withhold relief according to the case presented. In every case the question must be whether the exercise of the power of the Court is demanded to sub-serve the ends of......xecution of the agreement and that as the plaintiff has no legal entitlement over land and the plaintiff purported to obtain an order under the specific performance of contract by concealing the real facts and therefore, the suit is liable to be dismissed. 9. The following issues were framed in t..Category: Civil Law | Date: | Hits: 102
Abdus Samad @ Md. Abdus Samad Vs. State, 2011, 40 CLC (AD)
....d Senior Counsel for the petitioner merit no consideration. In the result, this criminal petition for leave to appeal is dismissed. Ed. This Case is also Reported in: 17 MLR (AD) (2012) 332. ......d Senior Counsel for the petitioner merit no consideration. In the result, this criminal petition for leave to appeal is dismissed. Ed. This Case is also Reported in: 17 MLR (AD) (2012) 332. ...... of the Penal Code and sentencing him there under to suffer imprisonment for life and also to pay a fine of Tk.10,000/- in default, to suffer R.I. for a further period of 2(two) years. 2. Relevant facts necessary for disposal of this leave petition are that the present Criminal Petition for Leave..Category: Criminal Law | Date: | Hits: 116
....out lawful authority and is of no legal effect.
In the facts and circumstances of the case there will not be any order as to costs.
Ed.
This case is also Reported in:49 DLR (HCD) (1997) 331.
......exure‑C. This extended period of six months and the actual period of operation of the Ferry ghat by respondent No.5 from 9‑1‑96 to 30‑6‑96 make up one full year for him.
8. Precisely the question before us whether the authorities i.e. respondents 2 and 3, can legally take decision for e......ute. It is declared that order dated 2‑6‑96 (Annexure‑C) issued by respondent No.3 in favour of respondent No.5 to have been passed without lawful authority and is of no legal effect.
In the facts and circumstances of the case there will not be any order as to costs.
Ed.
This case is ..
Category: Civil Law | Date: | Hits: 178
....he Bangladesh Gazette Extraordinary dated 29thSeptember, 1986), has been made without any lawful authority and is of no legal effect.
Ed.
This case is also Reported in:49 DLR (HCD) (1997) 325.
...... two daughters Fahmida Khatun and Akbari Khatun have been possessing the case properly as Ahmed Reza's heirs and heiresses and while they were thus the rightful owner in possession of the property in question they sold the same to the petitioners by two separate sale deeds dated 4‑10‑1978 and si......otice as required under Article 7(3) of the Ordinance was never issued to the occupiers of the case property, leading to the impugned publication in the Official Gazette on 23rd October, 1986. In the facts and circumstances of the case and the materials on record the whole exercise appears to be ill..
Category: Property Law | Date: | Hits: 116
.... with the Judgment and order passed by the learned Labour Court.
The Rules is, accordingly, discharged without any order as to costs.
Ed
This case is also Reported in:49 DLR (HD) (1997) 215.
......n Ahmed J.- By this application under Article 102 of the Constitution the Judgment and order passed by the Labour Court, Khulna, in Complaint Case No. C‑57 of 1998 on 31‑7‑89 has been called in question as being illegal and without lawfull authority.
2. The petitioner of this writ petition ...... with the Judgment and order passed by the learned Labour Court.
The Rules is, accordingly, discharged without any order as to costs.
Ed
This case is also Reported in:49 DLR (HD) (1997) 215.
..
Category: Labour and Industrial Law | Date: | Hits: 141
Serajul Islam Vs. State, 1996, 25 CLC (HCD)
....w detained in Dhaka Central Jail be set at liberty at once if not wanted in any other matter. The Rule is accordingly made absolute. Ed. This Case is also Reported in:49 DLR (HD) (1997) 209. ......ent in the Ministry of Home Affairs extending the period of detention for 30 days as ordered by the District Magistrate, Dhaka is illegal and without jurisdiction. His contention is that the order in question i.e. Annexure‑C, has been issued purportedly in exercise of power conferred by sub‑sect......sentation so that the fact of detention as distinguished from order of detention is valid the Court is to consider whether the grounds are vague or indefinite or irrelevant or are co‑extensive with facts on pain of the detention being invalid.” 9. Thus from the above decision of the Appellate..Category: Criminal Law | Date: | Hits: 127
....roper appreciation of law and fact do not call for interference.
Accordingly, the Civil Petition for Leave to Appeal is dismissed.
Ed.
This Case is also Reported in: 32 BLD (AD) (2012) 208.
......roper appreciation of law and fact do not call for interference.
Accordingly, the Civil Petition for Leave to Appeal is dismissed.
Ed.
This Case is also Reported in: 32 BLD (AD) (2012) 208.
...... 2004 partly reversing the judgment and decree dated 05.09.2004 passed by learned Joint District Judge in Artha Rin Case No.41 of 1998 decreeing the case against defendant Nos.1 and 3 only.
2. The facts leading to the filing of this Civil Petition for Leave to Appeal, in short, are:
The Intern..
Category: Civil Law | Date: | Hits: 174
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