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Nur Mohammad Vs. Serajul Islam and others, 2012, 41 CLC (HCD)
..... The order of stay granted earlier by this Court is hereby recalled and vacated. Send down the Lower Court's Records at once. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 491. ......etitioner through registered deed which cannot be sustained…………………..(11 & 12) The concurrent findings of facts cannot be interfered in the revisional Jurisdiction. In the instant case both the Courts concurrently found that the plaintiff successÂfully proved his case, the said ..Category: Property Law | Date: | Hits: 134
....us quo granted earlier at the time of issue of the Rule on 15.12.02 is hereby recalled and vacated.
Send down the records at once.
Ed.
This Case is also Reported in: 13 MLR (HCD) (2008) 273.
...... title by way of 'pattan' in the suit land measuring about 11 decimal, fully described in the schedule to the plaint and that the record of rights prepared in respect of said land wrong.
3. Plaint case, in short, is that one Kali Narayan Choudhury was owner-in-possession of the suit land along wi..
Category: Property Law | Date: | Hits: 100
Anwar Hossain (Md.) and others Vs. State and others, 2003, 32 CLC (HCD)
....strict Magistrates, Dhaka, Chittagong and Khulna, by postal guaranteed service for their Guidance and to act in accordance with law. Ed. This Case is also Reported in: 55 DLR (HCD) (2003) 643. ...... he may move the High Court Division under Article 102(2)(b)(i) of the Constitution or he may make an application under section 491 of the Code. The only difference under said two remedies is that in case of application under section 491, a stranger can apply for the release of the detenu detained i..Category: Criminal Law | Date: | Hits: 114
Muhibur Rahman Manik and others Vs. Bangladesh and others, 2003, 32 CLC (HCD)
....ion of law. In the result, the Rules are discharged without any order as to cost. The orders of stay granted earlier are vacated. Ed. This Case is also Reported in: 55 DLR (HCD) (2003) 636. ...... May 21, 2003. Result: The Rules are discharged. The Druto Bichar Tribunal Ain, 2002 (Act No. 28 of 2002); sections 6, 10 (4), 15 Under section 6 of the Druto Bichar Tribunal Ain, 2002, a case which relates to the offences as mentioned in the section and pending for trial in the Courts a..Category: Criminal Law | Date: | Hits: 177
Md. Momtaz Uddin Vs. Sreemoti Bimala Rani Roy @ Bigini Roy and others, 2008, 37 CLC (HCD)
....dated 27.4.2002 by appellate Court in T.A. 154/97 be recalled. L.C records along with copy of the judgment be sent down accordingly. Ed. This Case is also Reported in: 18 BLT (HCD) (2010) 1. ......n favour Samchia vendor of petitioner (defendant no.3) Momtaj Uddin was a factitious and collusive deed. 7. Learned Advocate argues that learned Appellate Court observed above anomoly and sent the case on remand to the trial Court for further additional evidence in above regard for proper and app..Category: Procedural Law | Date: | Hits: 118
Md. Atiqur Rahman @ Milon and others Vs. State, 2009, 38 CLC (HCD)
....ction of the Court on further undertaking to produce the same to the Court on and when directed by the Court. Communicate at once. Ed. This Case is also Reported in: 18 BLT (HCD) (2010) 409. ......………………………….Opposite party Judgment July 26, 2009. Result: The Rule is made absolute in part. The Code of Criminal Procedure, 1898 (V of 1898); section 561A In a case of jimma, it is to be looked into that whether the applicant is the owner of the seized goods. ..Category: Procedural Law | Date: | Hits: 142
Md. Abdul Mazid Miah Vs. Sree Shuvendu Sekhor, 2010,39 CLC (HCD)
.... case No.19 of 1993 within two 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: 18 BLT (HCD) (2010) 413. ......n No.50 of 2005 and affirming those of dated 06-06-2005 passed by learned Senior Assistant Judge, Faridpur, Pabna allowing an application to re-call P.W.1 to prove some documents in pre-emption Misc. case No.19 of 1993 suffers from an error of law resulting in an erroneous decision occasioning failu..Category: Procedural Law | Date: | Hits: 163
Foyez Ahmed and others Vs. Uttara Bank and others, 2002, 31 CLC (HCD)
.... Court is directed to dispose of the application under Order XXI rule 58 in accordance with law on merit. Communicate this order. Ed. This Case is also Reported in: 55 DLR (HCD) (2003) 635. ......cation and other materials on record. It appears that the opposite party No.1 got a decree for realisation of an amount of Taka 3,69,287.99 and put the said decree in execution. In the said execution case some property has been attached. The petitioners filed an application under Order XXI rule 58 o..Category: Procedural Law | Date: | Hits: 128
Dr. Md. Mofizur Rahman and others Vs. Md. Bashirullah and another, 2003, 32 CLC (HCD)
.... court of Metropolitan Magistrate, Dhaka is hereby quashed. Communicate the order to the Court of Metropolitan Magistrate, Dhaka. Ed. This Case is also Reported in: 55 DLR (HCD) (2003) 630. ......€¦â€¦â€¦Opposite Parties Judgment August 30, 2003. Result: The Rule is made absolute. The Negotiable Instruments Act, 1881 (Act No. XXVI of 1881) The cause of action for filing of a case under section 138 of the Negotiable Instruments Act arises after expiry of the period of 15 day..Category: Civil Law | Date: | Hits: 163
Islami Bank and others Vs. Dewan Md. Yusuf, 2002, 31 CLC (HCD)
....udgment and the decree passed by the learned Court below. In view of above the appeal is dismissed without any order as to cost. Ed. This Case is also Reported in: 55 DLR (HCD) (2003) 624. ........(26) The burden of proving alleged fraud and deceit falls squarely and vertically on the bank, because of the rule "Probandi necessitas incumbit illi qui agit". Although all questions in a civil case are to be determined on preponderance of probability, an allegation of criminal nature in a civ..Category: Criminal Law | Date: | Hits: 130
....unt No. 34005564, Sonali Bank, Supreme Court Branch Dhaka), within a period of 4 (four) weeks from the date of drawing of this order.
Ed.
This Case is also Reported in: 16 BLC (HCD) (2011) 224.
......unt No. 34005564, Sonali Bank, Supreme Court Branch Dhaka), within a period of 4 (four) weeks from the date of drawing of this order.
Ed.
This Case is also Reported in: 16 BLC (HCD) (2011) 224.
..
Category: Company Law | Date: | Hits: 134
Nadira Alam Vs. State, 2010, 39 CLC (HCD)
.... Bazar for compliance who is directed to dispose the case in the light of observation made in the body of judgment on priority basis. Ed. This Case is also Reported in: 16 BLC (HCD) (2011) 218. ...... XXVI of 1881); Sections 138, 141 Negotiable Instruments Act is a special law without any reference as to jurisdiction. Normally the provision of Criminal Procedure Code is to be followed in such case. Section 177 Cr.P.C. provides that every offence shall ordinarily be enquired into and tried by..Category: Criminal Law | Date: | Hits: 134
Khokan Kumar Saha Vs. Secretary, Ministry of Home Affairs & others, 1989, 18 CLC (HCD)
....in custody in Dhaka Central Jail, be released from custody forthwith if his further detention is not required in any of the connection. Ed. This Case is also Reported in:42 DLR (HD) (1990) 164. ......d in Dhaka Central Jail, initially detained by an order passed by the District Magistrate, Jessore on 31.1.89 under section 3 (2) of the Special Powers Act has been challenged. 2. The facts of the case are that the detenu Madan Mohan Saha was taken into custody in pursuÂance of an order of deten..Category: Criminal Law | Date: | Hits: 74
Moktar Ahmed Vs. Haji Farid Alam & another, 1989, 18 CLC (HCD)
....l No.48 of 1986 and direct the learned Sessions Judge to hear the appeal on merit in accordance with law. The Rule is made absolute. Ed. This Case is also Reported in:42 DLR (HD) (1990) 162. ......e any correÂsponding amendment in section 537 Cr.P.C. to include the word 'Gazette Notification and at least one Bengali newspaper'. Therefore, it can be inferred that section 537 does not cover the case falling under section 339B Cr.P.C. MoreÂover the expression used in section 87 Cr.P.C. is diff..Category: Criminal Law | Date: | Hits: 110
Md. Sayem Islam Vs. State, 2006, 35 CLC (HCD)
....ail bond. Send down the lower Court's records at once with a copy of the judgment for information and for taking necessary action. Ed. This Case is also Reported in: 13 MLR (HCD) (2008) 155. ......r section 3 of the Explosive Substance Act cannot be sustained. ………….(20) The police witnesses are partisan interested witnesses in the sense that they are concerned in the success of the case and their evidence must be tested in the same way as the evidence of other interested witnesses..Category: Criminal Law | Date: | Hits: 103
Md. Mostafa Rana Vs. Most. Farzana Sultana, 2009, 38 CLC (HCD)
....itioner to pay 50% of decreetal amount in Court, failing which, the orders impugned shall stand vacate. AKM Abdul Hakim J.- I agree. Ed. This Case is also Reported in: 7 LG (HCD) (2010) 149. ......tored the suit to its file and number. The trial Court in its discretion restored the suit as the application was filed on the same day. A discretion having been exercised in the facts of the present case, we do not think that the learned Single Judge committed any illegality in affirming the order ..Category: Procedural Law | Date: | Hits: 154
....erve and protect the performance bank guarantees under Clause Kha of section 7Ka(1). As a corollary to that and given that, the existence and validity of these various performance bank guarantees are rooted in provisions found in the Contracts themselves, it is also found reasonable and appropriate ......t with all these Application being admitted for hearing and registered accordingly on 7-2-2007, except for Application No.08 of 2007 as was admitted on 8-2-2007, the Respondents were directed in each case to show cause as to why the Respondent No.1, in each case being Bangladesh Chemical Industries ..
Category: Alternative Dispute Resolution | Date: | Hits: 589
Abdus Satter and others Vs. Abdun Noor and others, 1997, 26 CLC (HCD)
.... a chance to amend their application under section 96 of the State Acquisition and Tenancy Act by adding left‑out necessary parties. Ed. This case is also Reported in:49 DLR (HCD) (1997) 414. ......nal District Judge, First Court, Sylhet dismissing Miscellaneous Appeal No.161 of 1985 and affirming the Judgment and order dated 25‑11‑85 passed in Miscellaneous Case No.97 of 1980(pre‑emption case) by the Senior Assistant Judge, Sylhet. 2. The short fact leading to the issuance of the Rul..Category: Property Law | Date: | Hits: 155
....ner's applicaÂtion under Order 7 rule 11 of the Code of Civil Procedure on assigning good reasons, which are not seriously disputed by the petitioner.
6. Where issues of law arise which go to the root of the case and are capable of being decided without evidence, the Court is bound to try and de......gned order and, as such, the same is sustainable in law.
Order 14 rule 2 CPC reads as follows:
"Where issues both of law and of fact arise in the same suit, and the Court is of opinion that the case or any part thereof may be disposed of on the issues of law only, it shall try those issues fir..
Category: Procedural Law | Date: | Hits: 152
Shahanewas Vs. Government of Bangladesh and others, 1997, 26 CLC (HCD)
.... convict Abul Hashem, son of Habibur Rahman as the warrant of accused has already been executed by arresting a wrong person i.e. the detenu. This Case is also Reported in: 50 DLR (HCD) (1998) 633. ......on Ramgati, District ÂLaxmipur. An affidavit was sworn by the informant Atarerzaman before Magistrate 1st Class affirming also that the detenu Abul Hashem son of Habibulla is not the accused in this case and he has been wrongly apprehended. The learned Sessions Judge by his order dated 11‑6‑97 ..Category: Criminal Law | Date: | Hits: 88
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