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....ismissed without any order as to costs. The judgment and decree passed by the trial Court is upheld.
Send down the record at once.
Ed.
This Case is also Reported in: 51 DLR (HCD) (1999) 412.
......hin the period of limitation saved the suit from the mischief of limitation. Mr. Nurullah further submits that the trial Court considered all aspects of the matter for decreeing the suit, because the question of hardship must be judged on the date of the contract and not in the light of the subseque...... and Qazi Din Mohammad Vs. Al-Haj Arzan Ali and another, 47 DLR (AD) 48. Nurullah submits that the case of Latifur Rahman and others Vs. Golam Ahmed Shah, 39 DLR (AD) 242, is distinguishable from the facts of the present case and that the ground for solatitium does not apply to the facts and circums..
Category: Property Law | Date: | Hits: 120
Ebadat Ali Vs. Ismail Hossain Akhond & others, 1989, 18 CLC (HCD)
....uty Attorney-General as amicus curiae in this matter. Let a copy of the judgment be transmitted to the Courts below expeditiously. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 490. ......eved by the aforesaid order of transfer of the said suits, the petitioners filed the revisional applications in this Court and obtained the present rules. 6. In these Rules a very important common question of law is involved. The question is whether in view of section 5 of the Civil Courts (Amend......nt Upazilas withÂin the district of Bogra under section 24 of the Code of Civil Procedure for trial and disposal. The above Rules are heard together and disposed of by this one judgment. 2. Short facts giving rise to Civil Revision No.621 of 1987 (Dhaka) renumbered as Civil Revision No.520 of 19..Category: Procedural Law | Date: | Hits: 152
Hazrat Ali Vs. Election Commission & others, 1989, 18 CLC (HCD)
....26. For the reasons stated above the Rule is made absolute but in the facts and circumstances of the case we make no order as to costs. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 486.......on and conditions (if any), to add to, amend, vary or rescind any notifications, orders, rules or bye-laws so issued." 20. It is well settled that section 21 is only a rule of construction and the question as to the exisÂtence of an implied power of cancellation must be determined with reference......he Election Commission became functus officio thereafter and it was coram non judice in passing the impugned order Annexure I. 26. For the reasons stated above the Rule is made absolute but in the facts and circumstances of the case we make no order as to costs. Ed. This Case is also Reporte..Category: Election Law | Date: | Hits: 216
Anwar Hossain Maji (Md.) & others Vs. State, 1988, 17 CLC (HCD)
....t Magistrate, Additional Chief Magistrate and the Court of Sessions). On the above grounds the application is sumÂmarily rejected. Ed. This Case is also Reported in: 42 DLR (HCD) (1990) 410. ......t Magistrate, Additional Chief Magistrate and the Court of Sessions). On the above grounds the application is sumÂmarily rejected. Ed. This Case is also Reported in: 42 DLR (HCD) (1990) 410. ......he Sessions Judge, Shariatptur in Criminal Misc. Case No. 90 of 1987 arising out of GR Case No.16 of 1987 (which arose out of Bhederganj PS Case No.3 dated 14.5.87) should not be set aside. 2. The facts of the case are that informant OP 2 Md. Musa Gazi lodged FIR. at Bhederganj PS. On U.5.87 alle..Category: Procedural Law | Date: | Hits: 127
Sheikh Ahmed & others Vs. Abdul Alim, 1988, 17 CLC (HCD)
....ore me. I affirm the judgment and decree of the lower apÂpellate Court. The result is the Rule is discharged. No order as to costs. Ed. This Case is also Reported in: 42 DLR (HCD) (1990) 408.......e of the disputed land and he was a benamdar and had no right to transfer" the entire land in favour of opposite party and no title has accrued to the opposite party under the kabala dated 22.3.72 in question Ext.A (1). He submitted that as the petitioners were in possession of the disputed land whi......uddin Sardar, Subordinate Judge, 2nd Court, Chittagong in Other Appeal No.231 of 1980 reversÂing those of Mr. Md. Ali Khan, Munsif-in-Charge, 4th Court, Patiya in Other Suit No.85 of 1978. 2. The facts relevant are these: The plaintiff Abdul Alim filed a suit for permanent injunction against the..Category: Property Law | Date: | Hits: 95
Abu Bakar Sikder Vs. Monowara Begum (Mst.), 1989, 18 CLC (HCD)
....do not find any substance in the appeal and the same is dismissed with cost. The judgment and decree of the Court below are affirmed. Ed. This Case is also Reported in: 42 DLR (HCD) (1990) 403. ......ed Subordinate Judge, 1st Court, Barisal dismissed the suit on the ground that the heÂbanama is a valid heba duly executed and registered by the said Abdur Rahman Sikder and that the propÂerties in question are validly owned and possessed by the defendant No.1. 5. Mr. Md. Abdus Sobhan, the lear......deed of heba, stated in his deposition that he knew about the execution of the heba and was present while the same was executed by Abdur RahÂman Sikder and the said deed was read over. So from these facts it is crystal clear that there was an express offer of declaration and that the same was made ..Category: Property Law | Date: | Hits: 152
Hafizuddin Vs. State, 1989, 18 CLC (HCD)
....quitted of the charge levelled against him. Let him be released from jail forthwith if not wanted in connection with any other case. Ed. This Case is also Reported in: 42 DLR (HCD) (1990) 397. ......nts of the accused persons as there was no other Magistrate of the first class and at the relevant time he was doing the funcÂtion of a First Class Magistrate. He has stated that he put the relevant questions to the accused persons, but as he was busy with works of Upazila, he could not record the ...... to lodge an FIR, but the O/C did not record the same. On the next day, police went to the place of occurrence and inforÂmant Abdul Latif Sikder lodged an FIR with Kapasia police narrating the above facts. 3. After due investigation of the case, Police submitted a charge-sheet against the accuse..Category: Criminal Law | Date: | Hits: 92
Shahidulla @ Md. Shahidulla & others Vs. State, 1988, 17 CLC (HCD)
....he satisfaction of the Deputy Commissioner, Dinajpur till commenceÂment of the trial of this case before the learned SesÂsions Judge. Ed. This Case is also Reported in: 42 DLR (HCD) (1990) 394.......he satisfaction of the Deputy Commissioner, Dinajpur till commenceÂment of the trial of this case before the learned SesÂsions Judge. Ed. This Case is also Reported in: 42 DLR (HCD) (1990) 394.......1987 of the Court of Upazila Magistrate, Nawabganj, Dinajpur arising out of Nawabganj PS Case No.3 of 1987 dated 8.11.87 under sections 147/148/447/324/325/114/326/302/34 of the Penal Code. 2. The facts relevant for the disposal of the Rule may be briefly stated as follows: 3. That according t..Category: Criminal Law | Date: | Hits: 74
Almasuddin & another Vs. A. Wadud Khan & others, 1989, 18 CLC (HCD)
....mpugned order of the learned Munsif 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: 42 DLR (HCD) (1990) 391.......10 cannot apply to Title suit No.224 of 1979 until it is restored to its file and number. 11. In Miscellaneous Case No.105 of 1981, filed under Order 9 rule 9 of the Code of Civil ProceÂdure, the question is whether the opposite-party Nos.1 and 2 can satisfy the Court that there was suffiÂcient......mpugned order of the learned Munsif 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: 42 DLR (HCD) (1990) 391...Category: Procedural Law | Date: | Hits: 107
Ujjal Hossain (minor) & Others Vs. Firoja Khatun & Others, 1989, 18 CLC (HCD)
....ners as plaintiffs in the aforesaid suit and also to proceed with the suit in accordance with law. There shall be no order as to costs. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 481.......ners as plaintiffs in the aforesaid suit and also to proceed with the suit in accordance with law. There shall be no order as to costs. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 481.......it." 7. Mr. Golam Majid, the learned Munsif has not committed any error of law in passing the imÂpugned order. It is difficult for me to accept such contention of Mr. Majid. 8. Considering the facts and circumstances as stated above and re lying upon aforesaid Judicial proÂnouncement I hold ..Category: Property Law | Date: | Hits: 98
Fazlul Hoque & Others Vs. State, 1989, 18 CLC (HCD)
....n accorÂdance with law expeditiously. Let a copy of this judgment and order be sent to the Upazila Magistrate, Trishal immediately. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 477.......n accorÂdance with law expeditiously. Let a copy of this judgment and order be sent to the Upazila Magistrate, Trishal immediately. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 477.......d the period of investigation for a further period of 30 days from 22.9.88 and undisputedly the police has submitted charge-sheet duly within the said exÂtended period of investigation. 5. In the facts and circumstances of the present case the submission made by Mr. Amjad Hossain, learned Advoca..Category: Procedural Law | Date: | Hits: 113
Anwara Khatun & Others Vs. Geasuddin Ahmed & Others, 1986, 15 CLC (HCD)
....tance in this Rule, which is accordingly discharged, withÂout any order as to costs. The order directing status quo is hereby vacated. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 474.......w by a citizen be an obligation existing in favour of anothÂer citizen for him to ask for Court's help to restrain the other from doing so or compel the other to obey the law. The answer to both the questions are in the negative for the simple reason that when a Statute imposes a particular negativ......tance in this Rule, which is accordingly discharged, withÂout any order as to costs. The order directing status quo is hereby vacated. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 474...Category: Civil Law | Date: | Hits: 178
Saju Hosein Vs. Press Appellate Board and others, 2011, 40 CLC (HCD)
.... For the reasons assigned above, the Rule is destined to founder, wherefor the same is discharged. There is no order on cost. Jahangir Hossain J.- I agree. Ed. This Case is also Reported in: ......same decided by the Board, particularly when the Board was in seisin of the matter. 10. The petitioner got dissatisfied by the one-sided findings of the Board. The issue does not revolve round the question of Declaration only, as applied for, but also the propriety of the judicial process and the......tion and is of no legal effect, in as much as such an act amounts to usurpation of the DM’s Power under section 7 of the Act. 15. The learned Board, without applying it’s judicial mind on the facts and the law involved, felt that as the Declaration of the Weekly Ittehad has not been formally..Category: Others | Date: | Hits: 171
Md. Humayun Shaikh Vs. State, 2011, 40 CLC (HCD)
....ny reason to interfere with the same. Accordingly the appeal, having no merit, is dismissed. Send down the lower Court records. Naima Haider, J.- I agree. Ed. This Case is also Reported in:......ny reason to interfere with the same. Accordingly the appeal, having no merit, is dismissed. Send down the lower Court records. Naima Haider, J.- I agree. Ed. This Case is also Reported in:......Jalal Howlader to kill her. Accordingly he (appellant) along with his two friends killed her on 17.1.1988 at 11.00 p.m in a field near to the house of Khabir Kha. 3. On disclosure of the above facts, the police arrested the appellant and his two friends and produced them before the Court. The..Category: Criminal Law | Date: | Hits: 125
Sirajuddin Sarkar Vs. Md. Fazlul Haque and others, 2012, 41 CLC (HCD)
....e No.2958 of 1994 under sections 482 and 483 of the Penal Code in accordance with law. Communicate a copy of the judgment. Soumendra Sarder J.- I agree. Ed. This Case is also Reported in: ......e No.2958 of 1994 under sections 482 and 483 of the Penal Code in accordance with law. Communicate a copy of the judgment. Soumendra Sarder J.- I agree. Ed. This Case is also Reported in: ......llaneous Case No.2 of 1993 and Miscellaneous Case No.153 of 1994 in different civil Courts for setting aside the exparte decrees obtained earlier by the complainant-petitioner and his firm. Under the facts and circumstances of the present case, pendency of such type of miscellaneous cases cannot be ..Category: Procedural Law | Date: | Hits: 114
Md. Shah Alam Vs. State, 2011, 40 CLC (HCD)
....he sentence as altered, if he is not wanted in any other case. Send down the lower Court’s record with a copy of this judgment. Borhanuddin J.- I agree. Ed. This Case is also Reported in:......he sentence as altered, if he is not wanted in any other case. Send down the lower Court’s record with a copy of this judgment. Borhanuddin J.- I agree. Ed. This Case is also Reported in:...... requirement of explanation, she submits that since before lodging of the ejahar, he was living abroad and was not in a position to explain the circumstance under which the victim had died. Under the facts and circumstances of the present case, the onus to prove the allegation beyond all reasonable ..Category: Criminal Law | Date: | Hits: 114
Md. Alamgir Bhuiyan Vs. State, 2012, 41 CLC (HCD)
....e order of stay granted at the time of issuance of the Rule is vacated. Communicate a copy of the judgment immediately. Mohammad Marzi-ul-Huq J.- I agree. Ed. This Case is also Reported in: ......scope for quashment for the proceedings. We have gone through the record and considered the submission of the Assistant Attorney General. It appears from the petition that the petitioner has raised a question whether the allegations made in the complaint constitute any offence under section 420 or a......legations made in the complaint constitute any offence under section 420 or any other section of the Penal Code. 7. No certified copy of the evidence of witnesses has been annexed to appreciate to facts. Definitely the trial Court is competent enough to see whether the facts revealed in course of..Category: Criminal Law | Date: | Hits: 85
Md. Manzil alias Md. Manzil Miah Vs. State, 2012, 41 CLC (HCD)
....y the trial Court. In case of his failure to do so, the law will take its own course. Send down the lower Court records. Mohammad Marzi-ul-Huq J.- I agree. Ed. This Case is also Reported in: ......not want him (appellant) to be hostile. P.W.11 also stated that there were two rival groups in their village, one of which was led by P.W.7 Dr. Khorshed Ali. But we do not find any such suggestion or question put towards P.W.7, while he was cross-examined. Under the circumstances the defense case of......y the trial Court. In case of his failure to do so, the law will take its own course. Send down the lower Court records. Mohammad Marzi-ul-Huq J.- I agree. Ed. This Case is also Reported in: ..Category: Criminal Law | Date: | Hits: 87
Md. Haider Alam Vs. State, 2012, 41 CLC (HCD)
....entence, if any. In case of his failure to do so, the law will take its own course. Send down the lower Court’s record. Mohammad Marzi-ul-Huq J.- I agree. Ed. This Case is also Reported in: ......entence, if any. In case of his failure to do so, the law will take its own course. Send down the lower Court’s record. Mohammad Marzi-ul-Huq J.- I agree. Ed. This Case is also Reported in: ...... in 61 DLR 35, Kashem Vs. State in 54 DLR 212, Billal Miah Vs. State in 9 MLR 429, Rana Madbar and others Vs. The State in 51 DLR 499 and Abdur Razzak Talukder Vs. State in 51 DLR 83. 14. From the facts and circumstances of the present case it does not appear that there was any reason for the pol..Category: Criminal Law | Date: | Hits: 113
Moulana Farid Uddin Masud Vs. State, 2012, 41 CLC (HCD)
....tropolitan Special Tribunal Case No.1145 of 2005 is hereby set aside. Communicate a copy of the judgment. Ed. Mohammad Marzi-ul-Huq J.- I agree. Ed. This Case is also Reported in: ......se. It also does not appear that the articles seized from the appellant are required for the purpose of showing alamats in any other case. Since the appellant has been discharged in the present case, question of proving the articles as alamats in the present case does not arise. 5. In view of the...... records including charge sheet, order of discharge and the impugned order. It transpires that the police exhaustively investigated the case and submitted a comprehensive report stating all necessary facts and findings in detail. It further transpires that the learned Judge in rejecting the applicat..Category: Criminal Law | Date: | Hits: 132
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