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Manoo Meah Vs. Sultan Ahmed Khan, 1984, 13 CLC (HCD)
..... It can dismiss the appeal by reason of absence of the appellant. In the case of Kundha Singh Vs. The Punjab State and others reported in AIR 1962 Punjab 82 of the Court held after considering a good number of decisions in some of which a contrary view was also expressed, that the appellate Cou...... however, submits that the jurisdiction under section 115(1) C.P.C, as it read at the relevant time, can be exercised by this Court only on the ground of an error of law apparent on the face of the record in the decision. In the instant case the records show that the learned Advocate for the app......out so as to attract the revisional jurisdiction 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...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.......ssore, the sole petitioner before this Court Mst. Saleha Khatun surrendered before the Court with a petition for bail which was granted. 3. The Sub-Divisional Magistrate thereafter sent the case record to the learned Sessions Judge on 02.01.1983 for trial. The case was numbered as Sessions Ca......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...Category: Criminal Law | Date: | Hits: 117
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.......that the suit dragged for three years and it was expected that within this period the defendant No.1 would have taken care to know about the stage of the suit and further there is also nothing on the record for such laches or filing any complaint before the Bar Council. 10. Next question is, whet...... any written statement and she also did not contest the suit and then on 24‑3‑92 the suit was taken up for ex parte hearing and during hearing the plaintiff examined himself as P.W.1 and also the service P.W.2 and P.W.2 proved the baina dated 4‑3‑88 as Exhibit 1 and his signature as well as ..Category: Property Law | Date: | Hits: 104
Bijoy Kumar Shaha Vs. DC, Chuadanga and others, 2002, 31 CLC (HCD)
....r the law to get all his legitimate dues all through as the Principal of the College. Send down the lower Courts records at once. Ed. This Case is also Reported in: 55 DLR (HCD) (2003) 550. ......e parties also exhibited a series of justice documents in support of their claims. 6. The learned Subordinate Judge, on consideration of the facts and circumstances of the case and the evidence on record, was pleased by his impugned judgment dated 6‑8‑2001 to decree the suit on contest. ......he suit. 12. The learned Advocate for the petitioner has placed before us the material evidence on record, both oral and documentary, the provision of Article 16 of the terms and conditions of the service of the Teachers of the Degree Colleges under the National University as well as the impugned..Category: Employment/Service Law | Date: | Hits: 194
....the above observation. Let a copy of the Judgment and order be sent to the concerned authority for information and necessary action.
Ed.
This Case is also Reported in: 63 DLR (HCD) (2011) 517. ......ustody at the time of Caretaker Government which was also duly informed to the respondent.
8. We have perused the writ petition, affidavit-in-opposition and also examined the respondent's official record so far it relates to the petitioner's file and we have also heard the learned advocate for ......the above observation. Let a copy of the Judgment and order be sent to the concerned authority for information and necessary action.
Ed.
This Case is also Reported in: 63 DLR (HCD) (2011) 517. ..
Category: Property Law | Date: | Hits: 115
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. ......ha Rin Case No.107 of 1995 rejecting the application dated 23-4-2009 under Order XXVI, rule 1 of the Code of Civil Procedure filed by defendant No.3 petitioner to appoint an Advocate Commissioner for recording the cross-examination of the witnesses of defendant No.3. 3. In Civil Revision No.4232 ......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. ..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. ...... the Appellate Court may allow such evidence or document to be produced or witness to be examined. (2) Wherever additional evidence is allowed to be produced by an appellate Court, the Court shall record the reason for its admission." 15. On perusal of the application it appears to me that s......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. ..Category: Property Law | Date: | Hits: 97
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. ...... them to suffer imprisonment for life and 1cquitted the other accused Moklesur Rahman from the charges. 6. Mr. Ruhul Amin, learned Advocate for the appellant, placed the papers and documents on record and read the evidence and impugned judgment before us. He submitted that though the FIR was l......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. ..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. ......re absent and the order of the learned Magistrate betrays want of applications of his judicial mind. He passed the impugned order on the ground that the complainant was absent on calls but he himself recorded that the complainant was present on 07.10.1982 and secondly, the date was fixed for executi......Advocate appearing on behalf of the appellant contends that the learned Magistrate committed illegality in passing the order of acquittal in that the said order can only be passed after issuance of service of summons. But in this case there was no service of summons and 07.10.1982 was fixed for ex..Category: Criminal Law | Date: | Hits: 123
Hellenic Lines Ltd. Vs. People's Republic of Bangladesh, 1985, 14 CLC (HCD)
....nsshipment must have been made at the risk of defendant No.1. Though the second bill of lading dated 10.02.1968 Ext. A was issued in the name of defendant No.4 all the defendants are liable to make good the loss of the plaintiff. The cause of action has arisen on 22.02.1968 when the said ship S.S.......r informed the plaintiff by their letter Ext.5 (b) dated 27.02.1968 that the hold survey of these drums at the time of landing from the ship and defendant No.4's surveyor's finding had already been recorded in the relevant register of the jetty. Defendant No.4, however, allowed joint survey to b......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...Category: Business or Commercial Law | Date: | Hits: 463
Mati Miah and Shamsu Miah Vs. State, 1990, 19 CLC (HCD)
....e No.221 of 1980 are hereby set aside. Both the appellants Shamsu Mia and Mati Mia are discharged from their respective bail bonds. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 554.......sed on a tainted evidence of P.W.1 alone. Further it is not understood why the alleged gun was not produced in court during trial. 14. Having considered this fact, circumstances and evidence on record, I am of the opinion that order of conviction is not sustainable in law and it is accordingly......e No.221 of 1980 are hereby set aside. Both the appellants Shamsu Mia and Mati Mia are discharged from their respective bail bonds. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 554...Category: Criminal Law | Date: | Hits: 125
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.......resentatives. They prosecuted the appeal. A Division Bench of this Court upheld the decision of the trial court on the finding inter alia. "Thus upon a full consideration of all the evidence on record both oral and documentary we are satisfied to hold that the deed of agreement dated 15.8.71 E...... 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...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. ......of the learned Subordinate Judge the Government obtained Rule in pursuance of a revisisional application before this Court, being Civil Revision No.3 of 1988. 4. On consideration of evidence on record and also legal propositions this Court discharged the Rule and maintained the Judgment and de...... 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. ..Category: Property Law | Date: | Hits: 157
....absolutely without jurisdiction in rejecting the Execution Case without taking any action under Order 21 rule 32 of the Code of Civil Procedure. Since the decree for permanent injunction still stands good the teamed Assistant Judge being Executing Court has no option but to take steps under the prov......Against the aforesaid ex parte decree dated 22.3.88 the defendants filed an application under Order 9 rule 13 of the Code of Civil Procedure and Miscellaneous Case No.18 of 1988 was started. From the records it appears that in the aforesaid Miscellaneous Case the defendants failed to appear on sever......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...
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.......ion he has attached some certificates to the petition and are marked as Annexure‑C, C‑1 to C‑3. He was also awarded the title of Tamghae Khidmat in the year 1966 in recognition of his dedicated service as Headman. Photocopies of the award and the certificate are annexed to the petition and mar..Category: Others | Date: | Hits: 171
Ator Ali and others Vs. State, 1989, 18 CLC (HCD)
....Now we proceed to examine the statement of P.W.11 Sukur Ali, the approver, upon which the learned Additional Sessions Judge based his order of conviction. No doubt the statement of the approver is as good as the statement of any other witness. But before taking into consideration the statement of an......ated that the accused persons cut the dead body in two pieces and threw the same into the river. He said that he went to the Bhairab Police Station and lodged the ejahar and the Officer-in‑Charge recorded the ejahar according to his statement. He further stated that a leg of deceased Babor Ali w......iar Mia and the non‑appealing convict Siddique should be set at liberty forthwith, if not wanted in connection with any other case. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 478. ..Category: Criminal Law | Date: | Hits: 145
Padmabati Biswas Vs. Banglasdesh and others, 1992, 21 CLC (HCD)
....on contest against respondent No.1 and ex parte against the rest. Considering the circumstances there shall be no order as to costs. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 465. ......rectness of the map attached to the letter of reference. 5. Defendant Nos.3‑7 supports defendant No.2 and claim that after their purchase of 3/8 share they got their names mutated in the revenue records and have been paying rent to the government and obtained dakhilas. Due to gradual recession ......it was registered as Title Suit No.5 of 1959. In the letter of reference 11 persons including the government were shown as persons claiming title and possession over the disputed land. However, after service or notice under section 5 of the said Act by the Court 40 more persons entered appearance an..Category: Property Law | Date: | Hits: 118
Jagendra Lal Poddar Vs. Naresh Chandra Poddar and others, 1985, 14 CLC (HCD)
....r interference. Accordingly, the appeal is dismissed but having regard to the circumstances of the case I make no order as to cost. Ed. This Case is also Reported in: 39 DLR (HCD) (1987) 54. ...... Though there was amicable partition, the amicable partition was not by metes and bounds. It was for the sake of convenience of possession. The suit property is still in ejmali. The suit property was recorded in the names of the aforesaid three brothers in S.A. khatian. The case filed by Jogendra fo......r interference. Accordingly, the appeal is dismissed but having regard to the circumstances of the case I make no order as to cost. Ed. This Case is also Reported in: 39 DLR (HCD) (1987) 54. ..Category: Property Law | Date: | Hits: 111
Wing Commander M Hamidullah Khan Bir Protik Vs. Bangladesh and others, 2011, 40 CLC (HCD)
.... against the petitioner, if he is so advised. In the facts and circumstances above, the instant writ petition is rejected summarily. Ed. This Case is also Reported in: 63 DLR (HCD) (2011) 491....... against the petitioner, if he is so advised. In the facts and circumstances above, the instant writ petition is rejected summarily. Ed. This Case is also Reported in: 63 DLR (HCD) (2011) 491....... against the petitioner, if he is so advised. In the facts and circumstances above, the instant writ petition is rejected summarily. Ed. This Case is also Reported in: 63 DLR (HCD) (2011) 491...Category: Constitutional Law | Date: | Hits: 314
Babu Khan Vs. State, 2003, 32 CLC (HCD)
....ial Court. Send down the Lower Court Records at once. The trial Court is directed to dispose of the case with utmost expedition. Ed. This Case is also Reported in: 55 DLR (HCD) (2003) 547.......ve him of such chance to be represented by a lawyer and, in this view of the matter, the learned Deputy Attorney-General finds it difficult to support the impugned judgment and order since from the record it is apparent that the accused was not represented by any lawyer at any stage of the trial. ......ial Court. Send down the Lower Court Records at once. The trial Court is directed to dispose of the case with utmost expedition. Ed. This Case is also Reported in: 55 DLR (HCD) (2003) 547...Category: Criminal Law | Date: | Hits: 123
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