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....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. ......inclined to make the Rule absolute and the respondent is directed to issue a final allotment letter in favour of the petitioner facilitating the petitioner to pay the installment in accordance with law.
11. The respondent No.1 is at liberty to realise the installments with other charges in acco..
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. ......on No.1919 with 4232 of 2009. Judgment Quamrul Islam Siddiqui J.- Both the Rules were heard analogously and are being disposed of by this common judgment as they do involve common question of law and facts. 2. In Civil Revision No.1919 of 2009 Rule was issued on an application for revisio..Category: Procedural Law | Date: | Hits: 121
Lila Begum and others Vs. Faruque Meah and another, 2010, 39 CLC (HCD)
....Plaintiffs/opposite parties submits that the documents submitted by the defendant-petitioners cannot be accepted as additional evidence at this stage to fill up the lacuna of defendants, as per the provision of law provides in Order XLI, rule 27 of the Code of Civil Procedure the additional eviden......posite parties submits that the documents submitted by the defendant-petitioners cannot be accepted as additional evidence at this stage to fill up the lacuna of defendants, as per the provision of law provides in Order XLI, rule 27 of the Code of Civil Procedure the additional evidence as placed ..Category: Property Law | Date: | Hits: 97
ABM Quabil Ahmed Vs. Secretary, Ministry of Health and another, 1991, 20 CLC (HCD)
....ring to impart instruction in Homeopathy. Section 16 lays down the procedure how such application shall be considered and the institutions granted recognition within the meaning of the Ordinance. The provision reads thus: "16. (1) Any institution imparting or desiring to impart instruction in ...... Bench of this court, by the judgment dated March, 8, 1989 declared the action of the Board in permitting the students to appear at the qualifying and other examinations conducted by it to be without lawful authority. The action of the Board in allowing the unrecognized institutions to function was,..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. ...... noon while the informant P.W.1 was staying at her father’s house with other members of her family under order of accused Daliluddin other accused persons armed with deadly weapons and forming an unlawful assembly entered into the ghar of her husband Habibur Rahman and accused Rahmat Ali and Abdul..Category: Criminal Law | Date: | Hits: 148
Golam Nasir Vs. Abdul Aziz, 1986, 15 CLC (HCD)
....espondent Nos.1-8. In that view of the matter the order was not only arbitrary but also manifestly illegal inasmuch as the impugned order cannot be said to be an order passed in accordance with the provisions of section 247 of the Criminal Procedure Code. The learned Assistant Attorney General a...... Accordingly, we allow the appeal and set aside the order dated 07.10.1982 passed by the learned Magistrate and direct the Magistrate to proceed with the C.R. Case No.7 of 1982 in accordance with law. Let the records of the Court below be sent down at once. Syed Misbahuddin Hossain J.- I a..Category: Criminal Law | Date: | Hits: 123
Hellenic Lines Ltd. Vs. People's Republic of Bangladesh, 1985, 14 CLC (HCD)
....Abdul Gani Vs. M/s. East and West Steamship Company and another, 30 DLR (SC) 130. He has also referred to Rules 2 & 3 of Article III of the Hague Rules which are as follows: "2. Subject to the provisions of Article IV, the carrier shall properly and carefully load, handle, stow, carry, keep......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.......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 set aside. 15. In the result, the appeals are allowed and the order ..Category: Criminal Law | Date: | Hits: 125
Shahr Banoo Mohsin Asgar and another Vs. Lailun Nahar Ershad and others, 1991, 20 CLC (HCD)
....ide the decree is not disputed. It is also not in dispute that as a general rule the powers of the Court under section 151 of the Code of Civil Procedure are not to be invoked where there is specific provision in the Code which covers a particular case or there is an alternative remedy. It is the co......rt has ample reserve of its inherent powers to do what would meet the ends of justice when fraud is committed on the court itself and the learned Assistant Judge has, therefore, committed an error of law resulting in an error in the decision occasioning failure of justice in refusing to entertain th..Category: Procedural Law | Date: | Hits: 130
Deputy Commissioner (Revenue), Sylhet Vs. Sudhir Chandra, 1991, 20 CLC (HCD)
....ivision from 2 judgment, decree, order or sentence of High Court Division in a case to which clause (2) does not apply Shan lie only if the Appellate Division grants leave to appeal." From this provision it has been contended that since no leave was granted in the instant case by the Appellate......adopted by the present petitioner for making an appeal before the Appellate Division. Their Lordships of the Appellate Division have rejected the leave to appeal by a detailed judgment both on facts, law and held that the order in the Civil Revision No.3 of 1988 could not be interfered into. The lea..Category: Property Law | Date: | Hits: 157
....in the case of a decree for the specific performance of a contract or for an injunction) by his detention in the civil prison, or by the attachment of his property or by both".
Relying upon the provisions of rule 32 as quoted above Mr. Abdur Rab submits that the decree for permanent injunction...... the defendants. Ultimately, the learned Assistant Judge on 20.8.90 passed an order stating that for executing the decree for permanent injunction the execution case is not maintainable in the eye of law and as such the decree holders were not entitled to get any relief. With the above findings the ..
Category: Property Law | Date: | Hits: 123
Shewe Hla Prue TK Vs. Commissioner, Chittagong Division, Chittagong and others, 1992, 21 CLC (HCD)
....may be appointed to succeed his father". 12. We find that this is the only rule which regulates the appointment and dismissal of headman on the ground of incompetence or misconduct. There is no provision under this rule for forced retirement but it is the only rule which provides for action ag......he order contained in Memo No. Rev. 111‑12/85‑779(7) dated 19.12.85 issued by the Deputy Commissioner, Bandarban, respondent No.2 (Annexure‑E) should not be declared to have been passed without lawful authority and to be of no legal effect. 2. The case of the petitioner is as follows: ..Category: Others | Date: | Hits: 171
Ator Ali and others Vs. State, 1989, 18 CLC (HCD)
....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. ...... occurrence her daughter was plucking leaves of green vegetable in the field when other persons were working in the field and that her son told her that he was going to the house of his father‑in‑law wearing a lungi, a shirt and he had a handkerchief with him. P.W.2 also stated “আমি ..Category: Criminal Law | Date: | Hits: 145
Padmabati Biswas Vs. Banglasdesh and others, 1992, 21 CLC (HCD)
....ncluding the government with the result that there were occasions for breach of peace. It was further stated that the Collector of Khulna therefore, attached the said char land in accordance with the provision of section 3 of the aforesaid Act and had appointed District Manager as receiver for manag......le defendant No.8 auction ‑purchased it to save her interest in Rent Execution case No.1264 of 1943. This auctionpurchase was made in the benami of Shushila Bala Devi, who was her daughter‑in‑law. She further states that river Kazibacha lies to the north of defendant No.8's land of Dag No.17..Category: Property Law | Date: | Hits: 118
Mrs. Nafiza Mariam Vs. State, 1985, 14 CLC (HCD)
....y the learned Advocate, we are of the opinion that this illegality could only be questioned by filing a revisional application either before the Sessions Judge or before this Court under the relevant provision of the CrPC. The special jurisdiction of this Court exercisable under section 491 of the C...... Bazlul Huda under section 491 CrPC, was issued calling upon the Deputy Commissioner, Dhaka to show cause as to why the detenue should not be brought up before the Court to be dealt with according to law. The Rule is being opposed by the Government of Bangladesh. 2. Mr. Muhammad Korban Ali, learn..Category: Criminal Law | Date: | Hits: 116
Chairman, Chittagong Port Authority, Chittagong Vs. Kalipada Dey & others, 1986, 15 CLC (HCD)
....consequently it was not vested with the powers of Civil Court and for that the Labour Court could have no jurisdiction or authority to pass the impugned order of temporary injunction according to the provision of Order 39, rule I of the Code of Civil Procedure. Section 34 of the I.R.O. provides as f......provides as follows:- "Any collective bargaining agent or any employer or workman may apply to the Labour Court for the enforcement of any right guaranteed or secured to it or him by or under any law or any award or settlement." 7. In this case the seven respondents namely, respondents 1-7 ..Category: Labour and Industrial Law | Date: | Hits: 204
Wing Commander M Hamidullah Khan Bir Protik Vs. Bangladesh and others, 2011, 40 CLC (HCD)
....ery release of 195 Prisoners of War under "tripartite agreement" signed on 9th April, 1974, popularly known as the Delhi Agreement on the plea of clemency is absolutely illegal and stands against the provision laid down in Article 47(3) of the Constitution read with the provisions laid down in Inter......r, Dr. Kamal Hossain, Respondent No.4, on 9th April, 1974 releasing 195 Prisoners of War (POWs), identified as perpetrators of crimes against humanity, shall not be declared to have been made without lawful authority and is of no legal effect and also with a further prayers as to why the respondents..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.......d under sections 302/326 of the Penal Code and has been accordingly convicted under section 302 of the Penal Code and that the accused admittedly being in abscondence ought to have been defended by a lawyer at the cost of the State under Chapter XII of the Legal Remembrance Manual and there being no..Category: Criminal Law | Date: | Hits: 123
....ile Mosammat Suriya Begum, the Advocate, has appeared on behalf of the defendant opposite party No.1. Mr. Quyum has submitted that the suit property, admittedly, belonged to the Government. So as per provisions of Article 146 of the Constitution a suit in respect of it could only proceed in the name......o them, the plaint, at best, disclosed a dispute between two Ministries, which could be resolved by inter-ministerial consultation and could not be the subject of a judicial proceedings in a Court of law. It was contended that a suit on behalf of the Government in respect of a property belonging to ..
Category: Procedural Law | Date: | Hits: 146
Mohiuddin Ahmed and others Vs. Government of Bangladesh and others, 2011, 40 CLC (HCD)
....r as to costs. The order of stay granted earlier by this Court is vacated. Send a copy of this Judgment to the trial Court below. Ed. This Case is also Reported in: 63 DLR (HCD) (2011) 504....... General has filed counter affidavit dated 10-5-2011. 9. Mr. Tabarak Hussain, the learned Advocate for the petitioner submits that the learned Additional District Judge upon gross misconception of law and facts disallowed the Civil Revision which resulted in an error occasioning failure of justic..Category: Property Law | Date: | Hits: 121
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