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Manoo Meah Vs. Sultan Ahmed Khan, 1984, 13 CLC (HCD)
....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.......conclude I hold and find that no case of error of law apparent on the face of the record in the decision has been made 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 DL......Meah…………………………Petitioner Vs. Sultan Ahmed Khan……………………Opposite Party Judgment April 19, 1984. Result: The Rule is discharged. Cases Referred to- Taher Sheikh Chowkidar and others Vs. Otaruddi Howlader and others, AIR 1929 Cal. 475; Digend......vocate for the opposite parties, 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 th..Category: Procedural Law | Date: | Hits: 116
Mrs. Saleha Khatoon Vs. State, 1984, 13 CLC (HCD)
....itional District Magistrate Jessore under 561A of the Code of Criminal Procedure. The High Court exercises its inherent power to avoid any abuse of the process of the Court or to secure the ends of justice. Hence out of necessity it requires a finding to the effect that if the proceeding is permit...... all others coshearers in spite of notice did not appear and on 09.12.1975 the partition suit was decreed ex-parte. It was objected to by the defendants, on appeal it was dismissed and the petitioner accordingly has possessed peacefully her share she acquired through that partition decree. When th......ed in: 39 DLR (HCD) (1987) 109....... no substance and the petitioner cannot ask to quash a proceeding as a matter of right but only when the allegations made against an accused was absurd or perverse disclosing no offence in the eye of law. In the present case the FIR as submitted, disclosed an offence which if proved is punishable ..Category: Criminal Law | Date: | Hits: 117
Sonali Bank Vs. Bengal Liner Ltd. & others, 1986, 15 CLC (HCD)
.... claim cannot be satisfied. 13. Since the Supreme Court of Judicature Acts, 1877 and 1875, the defendant who appears renders himself liable to all the remedies enforceable in the High Court of justice (Halsbury's Laws of England, Third Edition, Volume-I, p.49.50, footnote ‘r’). 14. Def...... Except the above, the prayer of the decree-holder is allowed and the application for rectification of the drawn up order is rejected. Ed. This Case is also Reported in: 39 DLR (HCD) (1987) 105.......s-For the Opposite parties. Admiralty Suit No. 30 of 1984. Judgment Mustafa Kamal J.- This is an application praying for an order of attachment and sale of the properties of the judgment-debtors as mentioned in Annexure-A and for realisation of US$12,70,984,70 with interest and costs till ...... Except the above, the prayer of the decree-holder is allowed and the application for rectification of the drawn up order is rejected. Ed. This Case is also Reported in: 39 DLR (HCD) (1987) 105...Category: Admiralty Law or Maritime Law | Date: | Hits: 360
Pubali Bank Ltd. Vs. Chairman, 1st Labour Court, Dhaka & others, 1986, 15 CLC (HCD)
....to costs. However, we direct the Labour Court to dispose of the original cases expeditiously. Anwarul Hoque Chowdhury J. - I agree. Ed. This Case is also Reported in: 39 DLR (HCD) (1987) 128....... made to the case of Tariq Transport in 1 DLR (SC) 140. 9. For the reasons stated above, we do not find anything to interfere with the impugned orders passed by the Labour Court. These Rules are accordingly discharged without any order as to costs. However, we direct the Labour Court to dispo......…………………Petitioner Vs. Chairman, 1st Labour Court, Dhaka & others…………Respondents Judgment July 10, 1986. Result: The Rule is discharged. Cases Referred to- 29 DLR (HC) 148; 30 DLR (HC) 141; 33 DLR (HC) 376. Lawyers Involved: Khalilur Rahman wi......he 1st Labour Court, Dhaka, directing the opposite-party to stay the operation of the orders of transfer issued by them until disposal of the aforesaid I.R.O. Cases Since common questions of fact and law are involved in these four Rules we have heard them together and they are disposed of by this ju..Category: Labour and Industrial Law | Date: | Hits: 147
Promode Ranjan Paul & others Vs. Government of Bangladesh & others, 1986, 15 CLC (HCD)
....order as to costs. The judgment and decree of the learned Subordinate Judge are set aside and those of the learned Munsif restored. Ed. This Case is also Reported in: 39 DLR (HCD) (1987) 132. ......ian of Enemy Property representing share of the enemy owner cannot go into possession of the joint land by dispossessing the co-shares in possession of the said land without partitioning the same according to law nor can he arbitrarily specify certain area representing the share of the enemy own....................Petitioners Vs. Government of Bangladesh & others................Opposite-Party Judgment September 1, 1986. Result: The Rule is made absolute. Cease Referred to- Benoy Bhushana Bardhaa and others Vs. the S.D.O. Brahmaabaria and another, 30 DLR (SC) 139; S......ent the plaintiff has been paying rent to the Government in respect of 1/3rd share of the suit plot. The treatment of the suit property as enemy/vested and non-resident property is in accordance with law. 4. The Learned Munsif decreed the suit upon the findings that the suit as framed is competen..Category: Property Law | Date: | Hits: 107
Siraj Mia (Md.) Vs. Nasima Akhter and another, 2002, 31 CLC (HCD)
.... sale of immovable property time is not the essence of contract and during three years at the trial stage defendant did not care to enquire about the fate of the suit, we are of the view that ends of justice will be met if decree for specific performance is passed subject to payment to the responden......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........................Appellant Vs. Nasima Akhter and another......................................Respondents Judgment January 21, 2002. Result: The appeal is allowed. Cases Referred to- Ram Chandra Das Vs. Khalilur Rahman and another, 1985 BLD (AD) 41=37 DLR (AD) 21. Lawyers......he plaintiff to examine the attesting witnesses of the baina and that the provisions of section 68 of the Evidence Act is applicable only in those cases where the documents concerned are required, by law, to be attested by witnesses such as gift, will, etc. and that baina can be proved by the scribe..Category: Property Law | Date: | Hits: 104
Bijoy Kumar Shaha Vs. DC, Chuadanga and others, 2002, 31 CLC (HCD)
....d one witness while the contesting opposite parties also examined one witness in support of their respective the impugned decision occasioning failure of cases. The parties also exhibited a series of justice documents in support of their claims. 6. The learned Subordinate Judge, on consideration ......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. .....................Petitioner Vs. DC, Chuadanga and others...............................Opposite Parties Judgment December 1, 2002. Result: The Rule is made absolute. Cases Referred to- Abdul Hashem Vs. Chairman National Board of Revenue, Dhaka and another, 32 DLR 55; Altaf Hoss......pposite party defendants contested the suit by filing joint written statements denying the material allegations of the plaint and contended, inter alia, that the suit as framed is not maintainable in law. It has been further alleged that the plaintiff by misusing his position as the principal of the..Category: Employment/Service Law | Date: | Hits: 194
....dent No.1, RAJUK to get his final allotment letter (“চুড়ান্ত বরাদ্দপত্র”) but of no effect. Finding no other alternative the petitioner issued a notice demanding justice upon the respondent on 11-8-08 and ultimately filed this writ petition and obtained the inst......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. ......10.
Judgment
Akram Hossain Chowdhury J.- On an application under Article 102 of the Constitution of the People's Republic of Bangladesh, this Rule Nisi was issued calling upon the respondents to show cause as to why the final allotment letter, (“চুড়ান্ত বরাদ্দপ......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. ......orporation of defendant No.3, the learned Advocate Commissioner could not record the evidence of her witnesses. He lastly submits that the impugned order dated 23-4-2009 is an interlocutory order and according to section 44 of the Artha Rin Adalat Ain, 2002 no revision lies against interlocutory ord......d others……………………………Opposite parties Judgment August 2, 2010. Result: The Rules in Civil Revision Nos. 1919 of 2009 and 4232 of 2009 are discharged. Cases Referred to- Belayet Hossain Vs. Bank Indosuez, 50 DLR 431; Hosne Ara Begum Vs. Islami Bank Bangladesh Lim......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)
....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. ......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. ......……………Petitioners Vs. Faruque Meah and another………………………Opposite-Parties Judgment March 16, 2010. Result: Both Rules are made absolute. Cases Referred to- Meher Banu Vs. Abdul Barek and Muslim Bepari, 13 BLT (AD) 177; Sana Mia Bepari Vs. Jamila Kha......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)
....n within a reasonable time. The Rule is, accordingly, discharged with above observation. There shall be no order as to costs. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 385.......ation of the students of the unrecognized colleges within April 15, 1989. A meeting of the Board was also convened on April 12, 1989 to decide 4 agenda, agendum No.3 of which was to take decision for according recognition to the said 14 Colleges after considering the inspection reports, but before t...... Secretary, Ministry of Health and another……………………..Respondents Judgment June 12, 1991. Result: The Rule is discharged with observation. Case Referred to- Maritime Electric Co. Ltd. Vs. General Dairies Ltd., AIR 1937 PC 115. Lawyers Involv...... 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. ......ard the occurrence. P.W. Abdul Kashem went to Langalkot and called in Dr. Noor Mohammad (P.W.17) to the house of the victim and after first aid he advised to send the victim to Langalkot hospital and accordingly the victim was carried there in a cot and the doctor advised to send the victim to Pangu...... Case Referred To- Fateh Khan Vs. The State, 15 DLR (SC) 51. Lawyers Involved: Md. Ruhul Amin with Nikhilesh Dutta, Advocates ‑ For the Appellant. AFM Shahid, Deputy Attorney General with MA Rouf, Advocate ‑For the State. Criminal Appeal No.23 of 1988. J...... 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)
....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. ......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. .....................Respondents Judgment January 30, 1986. Result: The appeal is allowed. Lawyers Involved: Md. Abdus Subhan, Advocate -For the Appellant. Fakrul Islam, Assistant Attorney General - For the State. Criminal Appeal No. 54 of 1982. Judgment AM Mahmadur Rahman...... 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
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.......n 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 of conviction ......65 of 1986 and Criminal Appeal No.493 of 1986. Judgment Syed Fazle Ahmed J.- Both the appeals being Criminal Appeal Nos.365 and 493 have arisen out of the same judgment and they are heard together and to be disposed of by this judgment. Both the appeals are directed against the judgment ......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)
....ich covers a particular case or there is an alternative remedy. It is the contention of the petitioners that the Civil Court 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, ......e, therefore, no hesitation to hold that the Assistant Judge has fallen into an error of law in refusing to entertain the application which has occasioned a failure of Justice. 14. The Rule is, accordingly, made absolute and the impugned order set aside. The learned Assistant Judge concerned i......……Petitioners Vs. Lailun Nahar Ershad and others……………Opposite Parties Judgment July 9, 1991. Result: The Rule is made absolute. Cases Referred to- Abdul Aziz Vs. Abani Mohan, 30 DLR (SC) 221; Mofazzal Molla and another Vs. Parul Bala Deb......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)
.... 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. ...... 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. ......udgment and decree dated 7th and 8th March, 1989 passed by this Court in Sylhet High Court Division in Civil Revision No.3 of 1988. 2. The respondent‑opposite party as plaintiff through his attorney, one Shafiqui Haque Chowdhury, instituted Title Suit No.205 of 1985 in the Court of Munsif,......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
....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.......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.......
Deputy Commissioner, Sariatpur, District Sariatpur and others………Opposite Parties
Judgment
April 13, 1992.
Result:
The rule is made absolute.
Case Referred to-
Sashi Mohan Sen Vs. Ainullah, 1992 BLD (AD) 8.
Lawyers Involved:
Abdur Rab 1, ...... 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)
....r served with any show cause notice as to his fault for his forced retirement from headmanship nor he was given chance of being heard as to any allegation against him. He was therefore denied natural justice. It is also submitted that the order of the forced retirement was made in violation of Rule ......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....... Vs. Commissioner, Chittagong Division, Chittagong and others………………Respondents Judgment May 4, 1992. Result: The Rule is made absolute. Case Referred to- Dr. Nurul Islam Vs. Bangladesh represented by the Secretary, Ministry of Health and Popula......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. ......d 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 was recovered from th......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)
....e not provided for by the rules laid down in section 4(1) to 4(4) the Courts shall be guided by a local usage, if there be any, and in the absence of such usage by the general principle of equity and justice. In the case of Lopez Vs. Mudun Tahakur, 13 MIA 467 the Privy Council laid down the principl......e accreted land of defendant No.21 is lower than those of defendant Nos.2‑7. In short, defendant No.21 claims tenancy right in the land which accreted to plot Nos.113 and 114 and so the government, according to her, can claim additional rent. 10. Defendant Nos.22 and 23 in their written stateme......swas………………………Appellant Vs. Banglasdesh and others ………………………Respondents Judgment June 28, 1992. Result: The appeal is dismissed. Cases Referred to- Abdul Mannan and others Vs. Kulada Ranjan Mowali, 31 DLR (AD) 195; Lopez Vs. Mudan Mohan Thak......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
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