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Asgar Ali Mia and others Vs. Bangladesh and others, 2010, 39 CLC (HCD)
.... (F) of 2004 is disposed of accordingly. However, there will be no order as to costs. Sent down the lower Court's records at once. Ed. This Case is also Reported in: 16 BLC (HCD) (2011) 37.......on is attached to those deed as the privy council stated in 33 IA 60 "what remains to be shown is that the person admitting execution before the registrar was this Purushotam Das and no imposter. The question is one of fact expect insofar as there was as matter of law a presumption that the registra......ce no notice was served upon the plaintiffs under section 92(3) of the SAT Act, and in view of the decisions referred herein-above, we hold that the suit is not barred by limitation. 46. Under the facts and circumstance of the case, we are of the view that since the sale deeds executed in favour ..Category: Property Law | Date: | Hits: 147
Mannaco Lab. Ltd. Vs. General Certificate Officer & Bangladesh Shilpa Bank, 1989, 18 CLC (HCD)
....ted 29.2.88 issued by the respondent No.1 in the aforesaid certificate case are without any lawful authority and of no legal effect. Ed. This Case is also Reported in: 42 DLR (HCD) (1990) 159. ......titioner filed an application to the respondent No.1 for determination of the dues but the petition was rejected without assigning any reason. For these reasons he submits that the certificate in question is liable to be struck down for non-compliance of the mandatory provisions of the Public ......r complied with by the Bank. Order dated 30.8.87 further reveals that the certificate officer directed the Bank to submit its account in details. The Bank did not comply with this order also. These facts proved that without being satisfied, the certificate officer issued the notice for realisa..Category: Civil Law | Date: | Hits: 171
Ayezuddin Sheikh & others Vs. Abdul Karim Sheikh & others, 1989, 18 CLC (HCD)
....oncerned. In the facts and circumstance of the case, there will be no order as to costs. Let the records be sent down immediately. Ed. This Case is also Reported in: 42 DLR (HCD) (1990) 154. ......t is clear that the said order was not at all appealable, but the appeal was wrongly filed by the defendant/opposite parties and entertained by the learned Subordinate Judge. It may be true that this question of maintainability of the appeal was not specifically raised in the Appellate Court below......y filing a counter-affidavit in this Court has also submitted that the suit is barred by res judicata and as such not maintainable. 11. Let me now examine the relevant provisions of law in the facts and circumstances of this case and see whether the contention of the learned Advocate for the ..Category: Procedural Law | Date: | Hits: 174
Abdus Sukur Mia Vs. State, 1994, 23 CLC (HCD)
....gly ordered. The appeal is thus dismissed with the above modification of sentence only. Send down the records of the case at once. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 228. ...... were seriously injured for the assault on the body of the victim and that is why about 300 CC of blood accumulated in her chest cavity. So the injuries as found are not in fact simple in nature. Now question is whether this kind of injuries could cause the death of the victim woman. According to Mr...... also was examined under section 342 CrPC when he again pleaded not guilty but did not examine any defence witness and only submitted some papers. The learned Special Tribunal on consideration of the facts and circumstances of the case and the evidence on record was pleased to find the accused appel..Category: Criminal Law | Date: | Hits: 135
Tara Mohan Barman Vs. Ananda Mohan Barman & others, 1995, 24 CLC (HCD)
....tay order granted earlier by this Court is hereby vacated. Send down the records to the Court below at once. No order as to costs. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 226. ....... On appeal by the defendant, the appellate Court has dismissed on the suit. I have gone through the Judgments of the Courts below and heard the learned Counsels at a reasonable length. The pertinent question in this suit is that whether actually before the Debt Settlement Board said Girish Chandra ......tay order granted earlier by this Court is hereby vacated. Send down the records to the Court below at once. No order as to costs. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 226. ..Category: Property Law | Date: | Hits: 123
Abdul Ghani Khan Vs. Abdul Rashid Khan & others, 1989, 18 CLC (HCD)
....ade absolute. The judgment and decree passed by the learned Small Cause Court Judge are set aside and the suit is decreed. Ed. This Case is also Reported in: 42 DLR (HCD) (1990) 147. ...... sum payments of rent. What is, however, important to notice about such payments is that while granting receipts for them the plaintiff respondent took care in giving such receipts month wise. A question is, do the facts constitute an evidence of a contract between the parties waiving the right......m invited to examine the legality of the Judgment and decree dated 27.12.87 passed by the learned Assistant Judge and Small Cause Court Judge in Small Causes Court Suit No.6 of 1984. 2. The facts relevant for the purpose of disposal of the Rule are that the petitioner as plaintiff in&..Category: Tenancy Law | Date: | Hits: 214
Satya Ranjan Sarda Vs. State, 1989, 18 CLC (HCD)
.... be quashed. In the result, the Rule is made absolute and the proceedings of Special Tribunal Case No.2 of 1989 is hereby quashed. Ed. This Case is also Reported in:42 DLR (HCD) (1990) 142. ...... and the principle laid down in the above quoted decisions it is clear and undisputed that the Special Tribunal has the power and jurisdiction to exercise such power of taking cognizance. But the question is when and how the Special Tribunal will exercise his power and whether he is permitted to......ioner, Dinajpur to show cause as to why the proceedings of Special Tribunal Case No.2 of 1989 pending in the Court of Sessions Judge (Special Tribunal No.1), Dinajpur should not be quashed. 2. The facts of the case, briefly stated, are:— Naik Subedar Majibur Rahman, B.D.R. Dinajpur lodged ..Category: Criminal Law | Date: | Hits: 103
Ahmed Silk Mills Ltd. Vs. Bangladesh Shilpa Bank, 1989, 18 CLC (HCD)
.....P.C. for stay of further proceedings of the said Miscellaneous Case No.66 of 1985 till the disposal of T.S.No.356 of 1984 alleging that the subject matter and parties in both the proceedings are identical and same. After hearing the parties the learned Subordinate Judge rejected the said applic......ustice and as such it does not call for any interference. In the result, the Rule is discharged but without any order as to costs. Ed. This Case is also Reported in: 42 DLR (HCD) (1990) 140. ......ustice and as such it does not call for any interference. In the result, the Rule is discharged but without any order as to costs. Ed. This Case is also Reported in: 42 DLR (HCD) (1990) 140. ..Category: Civil Law | Date: | Hits: 119
Dr. S.M. Abu Taher and Others Vs. State, 1989, 18 CLC (HCD)
..... The Sessions Judge Tangail is further directed to proceed with the case in accordance with law at once without any further delay. Ed. This Case is also Reported in: 42 DLR (HCD) (1990) 138. ......ct all criminal cases for administration of criminal justice and as such no specific order is also necessary on behalf of the Government for revival of any case. 5. Since, this Rule involves the question of revival of a case under section 339D of the Code, we will see whether the Public Prose....... The Sessions Judge Tangail is further directed to proceed with the case in accordance with law at once without any further delay. Ed. This Case is also Reported in: 42 DLR (HCD) (1990) 138. ..Category: Procedural Law | Date: | Hits: 143
Delwar Hossain (Md.) Vs. State, 2009, 38 CLC (HCD)
....istry of Homes Affairs and Inspector General of Police for future guideline with regard to the investigation. Ed. This Case is also Reported in: 16 BLC (HCD) (2011) 32; 30 BLD (HCD) (2010) 490. ......try and, as such, it is not unlikely that a witness will hesitate to tell the truth for fear of his life." 28. We are fully agreed with the said principle of law enunciated in the said cases. Now, question is how far these are applicable in the facts and circumstances of the present case. Each ca......ted that they had no knowledge about the recovery of arms and they put their respective signature on a white paper, as the police asked them to do so. 26. Now, let us consider whether in the above facts and circumstances, the conviction can be based putting reliance upon the evidence of police pe..Category: Criminal Law | Date: | Hits: 128
Sheikh Hasina Vs. State & another, 2010, 39 CLC (HCD)
....of Tejgaon PS Case No.34(8) 2002, now pending in the Court of Divisional Special Judge, Dhaka is quashed in respect of the petitioner. Ed. This Case is also Reported in: 16 BLC (HCD) (2011) 26. ......d officers of the Armed Forces and mere allegation against this petitioner has been alleged that on the unanimous recommendation of the committee, she approved the proposal to purchase the Frigate in question. In the relevant portion of the charge sheet it has been categorically stated as follows: ......the proposal and prepared a summary recommending approval of purchase by the Prime Minister. 8. Mr. Sheikh Fazle Noor Taposh, learned Counsel appearing for the petitioner submits that in the above facts and backgrounds petitioner being a Prime Minister of the country has committed no offence as s..Category: Criminal Law | Date: | Hits: 106
Rajshahi Girls' High School, Rajshahi and others Vs. Md. Abdul Mannan, 1995, 24 CLC (HCD)
....opposite party No.1 has failed to prove his case on merits and, as such, the suit is dismissed. There will be no order as to cost. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 472. ......dary Education, Rajshahi; that prior to joining in the Rajshahi Girls High School he was serving as an Assistant Teacher of another Girls' High School since 14 years and that his conduct was not ever questioned; that after joining in the aforesaid post, the concerned authority after being impressed ......lso considering the greater interest, smooth and congenial atmosphere in the school, adopted the resolution dated 24‑6‑86 and the plaintiff was relieved from the charge; that in view of the above facts and circumstances, the plaintiff is not entitled to any relief as prayed for. 6. The trial ..Category: Employment/Service Law | Date: | Hits: 166
Md. Nurul Islam Vs. Nur Ayesha Begum, 2007, 36 CLC (HCD)
....'s records at once along with a copy of this judgment to the Courts below for information and necessary action. Ed. This Case is also Reported in: 16 BLC (HCD) (2011) 10; 7 LG (HCD) (2010) 300. ......child. 3. The defendant petitioner, contested the suit by filing written statement denying all the material allegations made in the plaint and the case of the defendant is that, the plaintiff is a questionable woman and she had illicit connection with his nephew Zahidul Hoque, who was a staff of ......icult to say that divorce cannot be effected after a long lapse of time while husband deposed in the dock that he divorced his wife on 25-5-92 and power of Court can be ousted. 24. Considering the facts and circumstance of the case and the above discussion I am of the opinion that both the Courts..Category: Family Law | Date: | Hits: 202
Eliadah McCord Vs. State, 1995, 24 CLC (HCD)
....icated to the Ambassador of the United States of America in Bangladesh having his office at Baridhara, Gulshan, Dhaka, for information. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 495.......tish Airways on 25‑2‑92. Mr. Tonny took her to a hotel at Banani on 25‑5‑92 and asked her to take some packets for Mr. Walter. She stated in her 164 statement that when she was asked to put a question to Mr. Tonny saying, was it drug Mr. Tonny stated her, no, these are something else and she......ort Ext.20 at the relevant place in the judgment. 8. Mr. Md. Obaidur Rahman Mostafa, the learned Advocate appearing for the appellant, frankly submits that it is difficult for him to challenge the facts as to how and where these four packets of objectionable goods were recovered from the private ..Category: Criminal Law | Date: | Hits: 162
Habibur Rahman Bhuiyan (Md.) and others Vs. Galman Begum and others, 2011, 40 CLC (AD)
....my learned brother Surendra Kumar Sinha J. Courts Order The appeal is allowed by majority decision without any order as to costs. Ed. This Case is also Reported in:64 DLR (AD) (2012) 133. ......ws of the trial Court on the reasonings that it had the advantage to see the demeanour of the witnesses and disposed of the issues in a slip-shod manner without reversing the findings. 6. The moot question is whether the High Court Division is justified in disturbing the findings of fact arrived ......espondent No.2 in favour of Sultan Uddin Bhuiyan, the predecessor of the respondent Nos.1-3. Leave was granted to consider on two points, namely; the defect of parties and the limitation. 3. Short facts which gave rise to the institution of the pre-emption proceeding are as follows: Elahi Bo..Category: Property Law | Date: | Hits: 138
Makbul Ali & others Vs. Manwara Begum & others, 1987, 16 CLC (HCD)
....o.2 is hereby set aside after being quashed. She is to be released from her bail bonds immediately. Abdul Bari Sarker J. - I agree. Ed. This Case is also Reported in: 39 DLR (HCD) (1987) 181.......o.2 is hereby set aside after being quashed. She is to be released from her bail bonds immediately. Abdul Bari Sarker J. - I agree. Ed. This Case is also Reported in: 39 DLR (HCD) (1987) 181.......o.2 is hereby set aside after being quashed. She is to be released from her bail bonds immediately. Abdul Bari Sarker J. - I agree. Ed. This Case is also Reported in: 39 DLR (HCD) (1987) 181...Category: Family Law | Date: | Hits: 193
Assistant General Manager, Rupali Bank, Barisal & others Vs. Nazrul Islam Miah, 1986, 15 CLC (HCD)
....erfere with the impugned Judgment and decree of the Courts below. Accordingly, the rule is discharged without any order as to costs. Ed. This Case is also Reported in: 39 DLR (HCD) (1987) 167. ......vices were terminated under the instruction of the higher authority. The termination order being termination simplicities and not a punitive one, the impugned order of termination cannot be called in question in the Civil Court. It was his farther contention that as the plaintiffs did not seek relie......nding upon them. There was also a prayer or mandatory injunction directing the petitioner to allow the plaintiff-opposite parties to continue in their respective posts in the Bank. 3. The admitted facts of the case are that the plaintiff opposite-party Nos.1-11 were confirmed employees of the Rup..Category: Labour and Industrial Law | Date: | Hits: 186
Elahi Bux Vs. State, 1986, 15 CLC (HCD)
....e rendered by him to this Court. This application is, therefore, summarily rejected. Bimalendu Bikash Roy Choudhury J. - I agree. Ed. This Case is also Reported in: 39 DLR (HCD) (1987) 164. ......t for condonation of delay on the ground that the petitioner is a poor rick shaw-puller and due to his pecuniary difficulties he could not file the appeal within time before this Court. 2. Now the question for our determination is whether the provisions of section 5 of the Limitation Act has an......e rendered by him to this Court. This application is, therefore, summarily rejected. Bimalendu Bikash Roy Choudhury J. - I agree. Ed. This Case is also Reported in: 39 DLR (HCD) (1987) 164. ..Category: Limitation Law | Date: | Hits: 222
....d to the Secretary, Ministry of Health and Family Planning for his perusal and necessary action.
AM Mahmudur Rahman J. - I agree.
Ed.
This Case is also Reported in: 39 DLR (HCD) (1987) 158.
......itioner did not enclose any list of unani medicine with recipes. Did he furnish the list of medicines later? Did Drug Control Committee recommend registration of those medicines? These are unanswered question in this writ petition and the Ministry of Health will do well to investigate the entire pro......d to the Secretary, Ministry of Health and Family Planning for his perusal and necessary action.
AM Mahmudur Rahman J. - I agree.
Ed.
This Case is also Reported in: 39 DLR (HCD) (1987) 158.
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Category: Others | Date: | Hits: 184
State Vs. Tajul Islam and 8 others, 1992, 21 CLC (HCD)
.... a copy of this Judgment be forwarded to the learned Additional Sessions Judge Brahmanbaria, for action in accordance with law. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 305. ......abib from whom accused Momin took them 2 days thereafter. The evidence of P.W.12, who is a disinterested witness, proves the complicity of accused Momin in the preparation for committing the crime in question. 38. P.W.13 Sharan Bashfor is a sweeper. He stated that the Daroga took him and 5 oth......s of the six victims have been established by the evidence of P.Ws. 1 and 2 who identified the same at the time of inquest and their evidence, as already pointed out, had gone unchallenged and in the facts of the present case the decision made in the case of Akhter Hossain has no relevancy. In consi..Category: Criminal Law | Date: | Hits: 139
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