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Lal Banu Bibi and others Vs. Nourjan Banu, 1986, 15 CLC (HCD)
....ies in executing the same, the court may in its discretion rectify the instrument so as to express that intention, so far as this can be done without prejudice to right acquired by third persons in good faith and for value". 8. Thus it appears from the provision of section 31 of the Act that ...... appeal was heard by the learned Subordinate Judge, Additional Court, Rajshahi. He also framed several issues including issue on the point of maintainability and on consideration of the evidence on record independently, concurred with decision of the trial Court and dismissed the appeal. Now being......ded but no fresh evidence will be admitted. Cost will abide by the result of the suit. Send down the lower Court's records at once. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 519...Category: Property Law | Date: | Hits: 134
Kazi Mohammad Elias Vs. Firdous Ara @ Sara, 1989, 18 CLC (HCD)
....te and the proceedings in the Petition Case No.461a1 of 1987 pending in the Court of Chief Metropolitan Magistrate, Dhaka, are quashed. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 516.......ani, the petitioner with the help of 4/5 persons kidnapped her said minor son against her will. Thereupon she informed the Gulshan Police Station and accordingly G.D. entry No.618 dated 12.4.87 was recorded. She prayed for drawing up proceeding against the petitioner under section 362/363 of the......Registered Kabala Namah on 16.12.74 and out of the lawful wedlock a son was born to them on 12.10.80 and he was named Sakibul Hasan @ Mosu. The petitioner went to Middle East in connection with his service and she also accompanied him with the child several times and lived with him. In June, 1985 ..Category: Family Law | Date: | Hits: 255
Bangladesh Inland Water Transport Authority Vs. United Trading Corporation, 1989, 18 CLC (HCD)
....der of the learned Subordinate Judge cannot be sustained. In the result the Rule is made absolute but without any order as to costs. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 513.......der of the learned Subordinate Judge cannot be sustained. In the result the Rule is made absolute but without any order as to costs. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 513.......der of the learned Subordinate Judge cannot be sustained. In the result the Rule is made absolute but without any order as to costs. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 513...Category: Civil Law | Date: | Hits: 142
Janata Bank Vs. Mohiuddin Specialised Textile, 2009, 38 CLC (HCD)
....l be paid in Money Suit till realisation of decreetal amount. Send down the lower Court record. Communicate this order at once. Ed. This Case is also Reported in: 62 DLR (HCD) (2010) 501. ......of 1993 with cost is set aside so far as it relates to not allowing pendente lite. Interest pendente lite will be paid in Money Suit till realisation of decreetal amount. Send down the lower Court record. Communicate this order at once. Ed. This Case is also Reported in: 62 DLR (HCD) (20......l be paid in Money Suit till realisation of decreetal amount. Send down the lower Court record. Communicate this order at once. Ed. This Case is also Reported in: 62 DLR (HCD) (2010) 501. ..Category: Civil Law | Date: | Hits: 141
Khondker Abdul Majed Vs. Tarapada Dey, 1999, 18 CLC (HCD)
....to costs. The order of stay passed earlier by this Court is hereby vacated. Communicate the order to the trial Court expeditiously. Ed. This Case is also Reported in: 51 DLR (1999) (HCD) 336. ......hat: “It is well settled that the Court is not at all precluded from considering the report of the commissioner afresh again in the light of such fresh materials as may be legally brought in the record by the parties, commissioner report is to be evaluated in the facts of the case on the eviden......to costs. The order of stay passed earlier by this Court is hereby vacated. Communicate the order to the trial Court expeditiously. Ed. This Case is also Reported in: 51 DLR (1999) (HCD) 336. ..Category: Civil Law | Date: | Hits: 122
Hyundai Corporation Vs. Deputy Commissioner of Taxes, Dhaka and another, 1999, 18 CLC (HCD)
....etitioner is supplying only data and information to their principal office in Seoul, Korea. They have not entered into any agreement with any party here in Bangladesh nor they opened LC for importing goods and selling those in the market. It is submitted that this convention was made under the provi......nd B and there can be no assessment on their supposed incomes. It is submitted that the convention was entered into for avoiding double taxation. Mr. Kazi Abdul Gofran submitted that the materials on record indicate that the petitioner is supplying only data and information to their principal office......n is not assessable in Bangladesh for the reasons as aforesaid the order of attachment is found to be illegal and without jurisdiction. Ed. This Case is also Reported in: 51 DLR (1999) (HCD) 333...Category: Fiscal/Taxation Law | Date: | Hits: 254
Abdul Quayuam Khan Vs. Abu Yusuf Mridha, 1997, 26 CLC (HCD)
....e date of such information the period of payment of the amount in question should be calculated. Send down the LC records at once. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 386. ......t was filed within statutory period of limitation from the date of refusal of the defendants to reconvey the suit property and that the Rule was liable to be discharged. 9. Perused the material on record. The plaintiffs produced the deed on sale dated 6-5-1959 (Exhibit-1). They also produced the ......e date of such information the period of payment of the amount in question should be calculated. Send down the LC records at once. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 386. ..Category: Procedural Law | Date: | Hits: 129
Assistant Custodian, Vested Property Vs. Jugal Chandra Shaha & others, 1988, 27 CLC (HCD)
....t the hearing of the suit on 18.6.84, that the plaintiff being an old man of 90 years was suffering from various illness and he had no other person to take step in the suit on his behalf as he had no good relation with his two wives and four sons and that he suffered irreparable loss and injury. The......First Court, Patuakhali for disposal of the Miscellaneous Case in accordance with law and in the light of the observation made above. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 473.......First Court, Patuakhali for disposal of the Miscellaneous Case in accordance with law and in the light of the observation made above. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 473...Category: Limitation Law | Date: | Hits: 275
Sourja Bala Devi Vs. Habibullah Sheikh, 1989, 18 CLC (HCD)
....rovision of Order 41 Rule 27 of the Code of Civil Procedure. In the result, the Rule is made absolute without any order as to costs. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 463.......plication for setting aside the sale mainly on the ground of fraud was made on 29.5.76. The application was contested by opposite party Nos.1-8 who appear to be the heirs of one Luthfur Rahman. The record shows that this Luthfur Rahman was the auction purchaser and it has been alleged in the plain......rovision of Order 41 Rule 27 of the Code of Civil Procedure. In the result, the Rule is made absolute without any order as to costs. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 463...Category: Property Law | Date: | Hits: 106
Bangladesh Beverage Industries Ltd. Vs. Rowshan Akhter and others, 2010, 39 CLC (HCD)
....র টাকা) ক্ষতি পূরন দাবী করিতেছেন। 3. It has been stated in the plain that, deceased Mozammel Hossain Montu was born 15-1- 1945 and was a good student, passed SSC examination in 1960 and thereafter, on completion of his education career f...... of the appellant and also for the driver. Learned Advocate submits that, if the case of the plaintiffs be believed to be true then the appellant cannot be held responsible as there is no evidence on record that on the instruction of the appellant the driver proceeded on the wrong way and caused the......মাণ ৩২,৪০,০০০/- সে ক্ষতির পরিমাণ।” 66. But submits that these claims ought to be substantiated by proper accountancy and ought to be based on service book and other papers relating to service condition. It appears from exhibit 1 kha, the Serv..Category: Civil Law | Date: | Hits: 339
Dr. Md. Asadullah and another Vs. Sonali Bank Ltd. & others, 2010, 39 CLC (HCD)
....erest within 30 days from the date of receipt of this order. Sent down the lower Court records. Communicate this order at once. Ed. This Case is also Reported in: 62 DLR (HCD) (2010) 474. ......atory provision to deposit 50% of the decreetal amount to prefer appeal the present appeal is not at all maintainable and practically where is no appeal in the eye of law." 12. It appears from the record that in course of appeal the defendant was negotiating with the bank and the purchaser to sel......cree obtained in original case dated 15-10-2005 Judgment debtors filed Miscellaneous Case No.27 of 2005, and Writ Petition No.7705 of 2005 where the Judgment debtors did not mooted the question as to service of summons in original suit as such, this question cannot be reopened as on this question Wr..Category: Civil Law | Date: | Hits: 156
Majeda Khatun @ Majeda Rahman Vs. State, 1988, 17 CLC (HCD)
....l be free to cancel the bail of the petitioner in case of any violation of the privilege of bail granted hereby to her by this Court. Ed. This Case is also Reported in: 42 DLR (HD) (1990) 76. ......been granted bail by this Court on 13th March, 1988 in Criminal Miscellaneous Case No.14 of 1988. 17. Hence on careful consideration of the facts and circumstances of the case and the materials on record, we are, however, satisfied that it is a fit case in which the petitioner should be enlarged ......l be free to cancel the bail of the petitioner in case of any violation of the privilege of bail granted hereby to her by this Court. Ed. This Case is also Reported in: 42 DLR (HD) (1990) 76. ..Category: Criminal Law | Date: | Hits: 105
Gura Miah and others Vs. Fazar Ali and others, 1988, 17 CLC (HCD)
....me and the proceeding under section 145 of the Code of Criminal Procedure is hereby dropped. In the result the Rule is made absolute. Ed. This Case is also Reported in: 42 DLR (HD) (1990) 70.......aining land. 4. The Opposite-party No.15 was made third party in the said proceeding and his case was that he took settlement of 30.11 acres of land from R.S. Khatian No.578 which was subsequently recorded in M.R.R. Khatian No.577 and he was in possession of 29.31 acres after sale and gift of sam......me and the proceeding under section 145 of the Code of Criminal Procedure is hereby dropped. In the result the Rule is made absolute. Ed. This Case is also Reported in: 42 DLR (HD) (1990) 70...Category: Criminal Law | Date: | Hits: 126
Khaled Akbar Vs. Government of Bangladesh and others, 1989, 18 CLC (HCD)
....stice calling for our interference by this Court in these cases. Consequently these Rules are discharged without any order as to costs. Ed. This Case is also Reported in: 42 DLR (HD) (1990) 66. ......sion of the Appellate Tribunal need be reconsidered as the member has failed to assess a fair and reasonable compensation in accordance with section 8 of the Ordinance and the relevant materials on record. 8. At the outset we will consider as to whether a revision under section 115 of the Code ......in favour of the said Basharatullah. Subsequently, the Government decided to acquire the land afresh under Ordinance No. II of 1982 for the Civil Aviation Authority, the opposite party No.2 and after service of notice under section 3 of the Ordinance, the Government assessed the value of the land an..Category: Alternative Dispute Resolution | Date: | Hits: 280
Ehsanul Hoque Vs. General Manager, Agrani Bank, 1989, 18 CLC (HCD)
....rbitrarily or capriciously against the principles of interpretation of the law and constitution. I am, therefore, unable to accept the decision of the Hon'ble Indian Supreme Court as a correct or good principle of law which may be deemed to be applicable in the facts of the present case, as canv......here was no lacuna in the proceeding and the principle of natural justice was also duly followed in the case. 6. The learned Subordinate Judge on consideration of the evidence and materials on record, decreed the suit, on appeal the learned Additional District Judge set aside the Judgement. P......se regarding the charge detailed in the letter. The relevant portion of Ext. 2 runs as follows:- "You are, therefore, hereby required to show cause why disciplinary action including dismissal from service should not be taken against you. Your explanation should be submitted to Mr. A.K.M. Ezharul ..Category: Employment/Service Law | Date: | Hits: 175
Shah Alam Chowdhury Vs. State, 1989, 18 CLC (HCD)
....e Suo Motu Rule No. 47/89 is also discharged. Let a copy of this judgment along with the lower Court records be sent down at once. Ed. This Case is also Reported in: 42 DLR (HD) (1990) 49. ......and M.H. Khan Manju and her husband's brother-in-law Russel and others about the matter. On 31.10.86 in the morning the informant sent information to Dhanmondi, G.D. Entry No.1463 dated 31.10.86 were recorded and the informant, her relations and husband's relations started searching for Nuru Miah Ch......e Suo Motu Rule No. 47/89 is also discharged. Let a copy of this judgment along with the lower Court records be sent down at once. Ed. This Case is also Reported in: 42 DLR (HD) (1990) 49. ..Category: Criminal Law | Date: | Hits: 127
State Vs. Jahaur Ali & Others, 1987, 16 CLC (HCD)
....rejected and case is sent back on remand to trial Court for holding the trial of the case in the light of the observations made above. Ed. This Case is also Reported in: 42 DLR (HD) (1990) 94. ......osecution side examined as many as 10 witnesses including Investigation Officer and constables. Defence examined none. 6. Trial of accused held in absentia. On consideration of the evidence on record the learned Sessions Judge, Kurigram arrived at a finding that the charge under sections 302/......rejected and case is sent back on remand to trial Court for holding the trial of the case in the light of the observations made above. Ed. This Case is also Reported in: 42 DLR (HD) (1990) 94. ..Category: Criminal Law | Date: | Hits: 107
Md. Nasir Vs. State, 1989, 18 CLC (HCD)
....t a copy of the judgment be served on the learned Deputy Attorney-General, Comilla for information and taking necessary action, if any. Ed. This Case is also Reported in: 42 DLR (HD) (1990) 89.......s and in cordial terms. 7. Prosecution examined 7 witnesses including official witnesses but defence examined none. 8. The learned Additional Sessions Judge, on consideration of the evidence on record found appellant Nasir Ahmed to be guilty under sections 302/34 of the Penal Code and convic......t a copy of the judgment be served on the learned Deputy Attorney-General, Comilla for information and taking necessary action, if any. Ed. This Case is also Reported in: 42 DLR (HD) (1990) 89...Category: Criminal Law | Date: | Hits: 117
Muktar Hussain Khan Vs. Suresh Chandra Dey & Others, 1989, 18 CLC (HCD)
....of contract may be enforced against a person claiming under a party to the contract by a title arising subsequently to the contract but it does not affect a transferee for value who paid his money in good faith without notice of the original contract. It is therefore to be seen in this case whethe......h his signatures in the vokalatnama and other deeds. So, the lower Appellate Court concluded that the plaintiff failed to prove that defendant Nos.3 and 4 had knowledge of the Bainapatra. 5. The records reveal certain facts in this case, which may conveniently be stated here; the Bainapatra Ext...... provision of Order 41, rule 27 of the Code of Civil Procedure. The Rule is, therefore, made absolute without any order as to costs. Ed. This Case is also Reported in: 42 DLR (HD) (1990) 86. ..Category: Civil Law | Date: | Hits: 133
Shahjahan Mizi (Md.) Vs. State, 2005, 34 CLC (HCD)
....dismissed and the order of conviction and sentence is hereby upheld. Send down the LC records with a copy of the judgment at once. Ed. This Case is also Reported in: 57 DLR (HCD) (2005) 224. ......ny as 9 witnesses in this case to prove the charge levelled against the accused-appellant and the witnesses were cross examined by the defence. 8. On consideration of the evidence and materials on record the learned Sessions Judge found the accused-appellant guilty under sections 302 and 201 of t......dismissed and the order of conviction and sentence is hereby upheld. Send down the LC records with a copy of the judgment at once. Ed. This Case is also Reported in: 57 DLR (HCD) (2005) 224. ..Category: Procedural Law | Date: | Hits: 118
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