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Bangladesh Inland Water Transport Authority Vs. United Trading Corporation, 1989, 18 CLC (HCD)
....e submits that the award has died a natural death because none of the parties enforced it by making it a rule of the Court within the period of limitation. The plaintiff-opposite party has stated the facts about the award, not because the plaintiff wants to enforce the award but because the facts th...... Reported in: 41 DLR (HCD) (1989) 513.......tiff-opposite party is not a suit to enforce the award at all. He has vehemently argued that this is an independent suit for determination of damages by the Court afresh on the basis of independent evidence to be led by the respective parties in the Court itself and it is a suit for a decree for d..Category: Civil Law | Date: | Hits: 142
Janata Bank Vs. Mohiuddin Specialised Textile, 2009, 38 CLC (HCD)
.... Taka 21,86,194 and after request, when defendant did not pay the said amount or did not take any step for repaying the loan, that suit was filed. The defendant filed written statement and denied the facts of the plaintiff's case. The suit was decreed. 5. Mr. Shamim Khaled Ahmed, learned Advocate......Mohiuddin Specialised Textile………………Defendant-Respondent Judgment August 18, 2009. Result: The appeal is allowed. Cases Referred to- Sonali Bank Vs. Quaderia Publications and Products Limited, 17 BLT (AD) 148; Sonali Bank Vs. Messrs Beg and Beg Jute Incorporated Ltd., 17......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
Shamsur Rahman alias Shamsu Moral and another Vs. State, 1998, 27 CLC (HCD)
.... petitioner seeks our inherent jurisdiction for the ends of justice to restore this case. 4. We are not convinced that the inherent power as conceived under section 561A CrPC can be invoked in the facts of this case to meet the ends of justice. The petitioners’ case may be considered at the tim......ported in: 51 DLR (1999) (HCD) 338.......tion 561A of the CrPC for the ends of justice. Accordingly, we do not find any merit in this application. And hence, it is rejected. Ed. This Case is also Reported in: 51 DLR (1999) (HCD) 338...Category: Criminal Law | Date: | Hits: 91
Khondker Abdul Majed Vs. Tarapada Dey, 1999, 18 CLC (HCD)
....tion the order being Order No.120 dated 9-3-1998 passed by Mr. Ranu Bilkis Banu, Senior Assistant Judge, Magura, in Title Suit No.140 of 1990 accepting the Advocate Commissioner’s report. 2. The facts of the case, inter alia, in short, is that, the plaintiff-opposite party filed Other Suit No.1......, inter alia, in short, is that, the plaintiff-opposite party filed Other Suit No.199 of 1988 subsequently re-numbered as Title Suit No.140 of 1990 in the Court of Senior Assistant Judge, Magura for mandatory and prohibitory permanent injunction in respect of 1 decimal of land mentioned in the sched......cceptance of the report being an interlocutory order passed by the trial Court, it does not effect the merit of the case. The learned Advocate also submits that this report not being a final piece of evidence, there is nothing for the defendant-petitioner either to be prejudiced by it or to be appre..Category: Civil Law | Date: | Hits: 122
Abdul Quayuam Khan Vs. Abu Yusuf Mridha, 1997, 26 CLC (HCD)
.... it is found otherwise sustainable. 14. In this connection a decision reported in the case of Asadunnessa and others Vs. Kamruzzaman and others reported in 26 DLR 363 may be referred to though the facts of the said case are not similar to those of the present case. In the said decision DC Bhattac......r Vs. Abu Yusuf Mridha………………Opposite Party Judgment November 20, 1997. Result: The Rule is discharged without any order as to costs. Case Referred to- Asadunnessa and others Vs. Kamruzzaman and others, 26 DLR 363. Lawyers Involved: Rafiqul Hossain on behal......n from him and that the plaintiffs were not entitled to get the property reconveyed nor were entitled to get any decree in the suit and so the suit was liable to be dismissed. 4. During the trial, evidence was adduced by the parties and on consideration of the same, the trial Court decreed the su..Category: Procedural Law | Date: | Hits: 129
Delicia Dairy Food Ltd. Vs. Collector of Customs and others, 1998, 17 CLC (HCD)
....h he was directed to deposit the demanded amount within the specified time. But the appellate authority refused the prayer for stay and then the petitioner moved this Court and obtained the Rule. The facts of the case relied upon by the petitioner in support of his contentions is totally different f......t High Court Division (Special Original Jurisdiction) Present: Md. Ruhul Amin J Md. Iftikhar Rasool J Delicia Dairy Food Ltd……..........Petitioner Vs. Collector of Customs and others ………………….Respondent Judgment June 25, 1998. Result: The Rule is ......aid notice petitioner was also asked to submit his objection, if any, against the claim so made within 15 days from the date of receipt of the notice. The petitioner received the notice on 20-3-94 as evidenced by Annexure-E to writ petition. The petitioner on receipt of the notice wrote to Assistant..Category: Fiscal/Taxation Law | Date: | Hits: 189
Assistant Custodian, Vested Property Vs. Jugal Chandra Shaha & others, 1988, 27 CLC (HCD)
....Munsif has committed an error of law in allowing the application on the ground of old age only without considering the question of limitation the impugned order is liable to be set aside but in the facts and circumstances of the case I am inclined to send the matter back to the learned Munsif for ......vision (Barisal Bench) (Civil Revisional Jurisdiction) Present: Muhammad Ismailuddin Sarker J Assistant Custodian, Vested Property..........................Petitioner Vs. Jugal Chandra Shaha & others............................Opposite Parties Judgment November 30, 198......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)
.... whether the said Luthfur Rahman was her care-taker or not, although this has been denied by the defendants opposite party the heirs of said Luthfur Rahman in their written objection. 15. In the facts and circumstances of the case it ought to have been made an issue as to whether said Luthfur R......dus Miah, Advocate - For the Opposite Parties. Civil Revision No. 200 of 1984. Judgment MS Ali J.- This Rule under section 115 of the Code of Civil Procedure calls in question the judgment and order dated 31.5.84 passed by the Subordinate Judge, Lakshmipur in Misc. Appeal No.242 of 1980 d......Luthfur Rahman was really the care-taker on behalf of the petitioner Sarajubala because the nature of the auction-purchase would depend largely on the determination of this question on the basis of evidence on record. It was also stated in the main petition that the petitioner was all along in pos..Category: Property Law | Date: | Hits: 106
Bangladesh Beverage Industries Ltd. Vs. Rowshan Akhter and others, 2010, 39 CLC (HCD)
....ldren cannot be calculable and whatever the compensation given is given in lumps as decided by the Court. Learned Advocate further submits that, section 22 and Article 22 of the Limitation Act on the facts of the given case is not applicable and Article 120 of the Limitation Act is applicable as cla...... High Court Division (Civil Appellate Jurisdicion) Present: Sharifuddin Chaklader J Md. Nuruzzaman J Bangladesh Beverage Industries Ltd.…………Appellant Vs. Rowshan Akhter and others…………..Respondents Judgment May 11, 2010. Result: The appeal is allowed......nt on behalf 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 an..Category: Civil Law | Date: | Hits: 339
Dr. Md. Asadullah and another Vs. Sonali Bank Ltd. & others, 2010, 39 CLC (HCD)
.... auction of the suit property is liable to be set aside. Learned Advocate relying on the decision of Abdul Jalil Vs. Bangladesh House Building Finance Corporation, 41 DLR (AD) 109 submits that on the facts of the instant case this decision is applicable as in that case Judgment debtor was allowed to...... is also Reported in: 62 DLR (HCD) (2010) 474. ......are and natural justice, as per provision of rule 19 of Order V CPC the process server is required to be examined in support of his declaration and as to service of summons. His depositions stands as evidence of fact as to the service or admitted the service of the summons. On a reading of the Judgm..Category: Civil Law | Date: | Hits: 156
Bangladesh Environment Lawyers Association (BELA) Vs. Bangladesh, 2010, 39 CLC (HCD)
....r, Chaliarghat, Lamashram, Purbodoil and Ghagra under Police Station Tahirpur, District-Sunamganj for a period of 3 months which was subsequently extended till disposal of the Rule. The necessary facts found for disposal of the Rule are that the petitioner is Bangladesh Environmental Lawyers Ass...... Bangladesh Environment Lawyers Association (BELA)……………Petitioner Vs. Bangladesh…………..Respondents Judgment June 3, 2010. Result: The Rule is made absolute in part and the injunction order stands vacated. Cases Referred to- Dr. Mohiuddin Faruque Vs. Banglade......e of the Rule. To identify the unscrupulous traders involved in illegal extraction for taking legal action against them and realizing compensation from them are questions of fact to be ascertained on evidence and as such, such questions cannot be decided in writ jurisdiction. So, the Rule to that ef..Category: Environmental Law | Date: | Hits: 1019
Majeda Khatun @ Majeda Rahman Vs. State, 1988, 17 CLC (HCD)
....e of the accused petitioner Majeda Khatun @ Majeda Rahman @ Maya in a case under sections 302/109/120B/34 of the Penal Code pending in the Court of the learned Sessions Judge, Khulna. 2. The short facts leading to the case are as follows:- That one Khojeda Begum, wife of late Azizur Rahman a......20B/34 of the Penal Code pending in the Court of the learned Sessions Judge, Khulna. 2. The short facts leading to the case are as follows:- That one Khojeda Begum, wife of late Azizur Rahman and mother of the victim lodged, a First Information Report with the Daulatpur Police Station at a......the Daulatpur Mohsin Girls' College until recently and she is connected with various social organizations in the Khulna town and as such there is no chance of her absconsion or tampering with the evidence. (3) Lastly, it is submitted that in the same case one co-accused Liaqat Sharif who was ..Category: Criminal Law | Date: | Hits: 105
Gani Mia & another Vs. U.N.O., Biswanath, District Sylhet & Others, 1988, 17 CLC (HCD)
....ty to the contract sought to be enforced. In other-words, he had a vested right in the suit property subject to the agreement sought to be enforced. The decision, therefore, has no application to the facts and circumstances of the present case. The other decision placed before me by the learned Ad......hamsul Huq, 27 DLR (AD) 1; Safiuddin Ahmed Siddiqui Vs. The Deputy Custodian, Enemy Property Management Board, 31 DLR page 107; Md. Ayub Vs. Bangladesh represented by the Secretary, Ministry of Works and other, 39 DLR (AD) 111; AIR 1960 (J & K) 67; Banarash Das Durga Prashad Vs. Panna Lal Ram Ri......and as such it calls for interference. The impugned order be set aside and the Rule be made absolute without any order as to costs. Ed. This Case is also Reported in: 42 DLR (HD) (1990) 72. ..Category: Procedural Law | Date: | Hits: 193
Gura Miah and others Vs. Fazar Ali and others, 1988, 17 CLC (HCD)
....ion of the lands in favour of 1st party, 2nd party, 3rd party, Added 3rd party and 4th Party and against Added 4th party in a proceeding under section 145 of the Code of Criminal Procedure. 2. The facts giving rise to this Rule are, in short, that opposite party Nos.1-5 herein as a First Party fi......is Case is also Reported in: 42 DLR (HD) (1990) 70.......respect of the proceeding lands and the proceeding under section 145 of the Code of Criminal Procedure is not maintainable. 8. The Upazila Magistrate Maheshkhali, Cox's Bazar on consideration of evidence on record held that there was no apprehension of breach of peace in respect of proceeding..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. ......vil Revisional Jurisdiction) Present: Latifur Rahman J Nurul Huque Bhuiyan J Khaled Akbar…………………………………………..Appellant Vs. The Government of Bangladesh and others..................Opposite Party Judgment April 9, 1989. Result: The Rules are......e Appellate Tribunal sits over the Judgment of the Arbitrator in appeal and in doing so the Tribunal must judge whether the decision has been rightly given within the frame of the Ordinance and the evidence on record and in doing so certainly the Tribunal exercises a judicial function and we have ..Category: Alternative Dispute Resolution | Date: | Hits: 280
Ehsanul Hoque Vs. General Manager, Agrani Bank, 1989, 18 CLC (HCD)
.... Habibullah, Additional District Judge, Khulna in Title Appeal No.254 of 1978, reversing those passed by Mr. Abdul Jalil, Subordinate Judge, Khulna in Title Suit No. 440 of 1974. 2. The relevant facts of the case are that the petitioner Eshanul Hoque was appointed as a Probationary Officer ......the Opposite Party. Civil Revision Case No. 111 of 1989. Judgment Abdul Bari Sarker J.- This application under section 115 of the Code of Civil Procedure is directed against the Judgment and decree passed by Mr. Md. Habibullah, Additional District Judge, Khulna in Title Appeal No.254 of......inst the plaintiff, that there 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 ..Category: Employment/Service Law | Date: | Hits: 175
Shah Alam Chowdhury Vs. State, 1989, 18 CLC (HCD)
.... this Sessions triable case which reads as follows: "Provided that the Government may, by order, revive the case at any time if the case is triable exclusively by Court of Sessions". 3. The facts of the case are that on 2.11.86 informant Mrs. Jesmin Chowdhury, wife of deceased Nuru Miah ......302/34 arising out of Dhanmondi P.S. Case No. 3(II) 86. A Suo-Motu Rule being No.47/89 was also issued on 13.2.89 calling upon the Deputy Commissioner, Dhaka, the Chief Metropolitan Magistrate, Dhaka and the Secretary, Ministry of Home Affairs, Government of Bangladesh and accused Shah Alam Chowdh......l Board, the learned advocate found it difficult to argue this point at the time of hearing of the bail petition. Mr. Abdul Malek, learned Advocate for the petitioner argued that on merit there is no evidence against the accused petitioner Shah Alam Chowdhury excepting the confessional statement..Category: Criminal Law | Date: | Hits: 127
State Vs. Jahaur Ali & Others, 1987, 16 CLC (HCD)
.... of the death sentence passed on condemned prisoners, namely, Taib Ali, Asia Khatun and Sabiran Nessa in Sessions Case No.56 of 1985 under sections 302/34 of the Bangladesh Penal Code. 2. Relevant facts for the disposal of this Reference may briefly be stated thus: One Solimuddin, son of Pas......r section 374 of the Code of Criminal Procedure has been made by the Sessions Judge, Kurigram for the confirmation of the death sentence passed on condemned prisoners, namely, Taib Ali, Asia Khatun and Sabiran Nessa in Sessions Case No.56 of 1985 under sections 302/34 of the Bangladesh Penal Code.......na. 5. Prosecution 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 s..Category: Criminal Law | Date: | Hits: 107
Md. Nasir Vs. State, 1989, 18 CLC (HCD)
....may be strong conviction of guilt for a Judge cannot set himself above law which he has to administer or to mould it to exigencies of particular occasion. 20. Thus, having considered the evidence, facts and circumstances and inherent improbability in the case, we are of opinion that appellant Nas...... Appellant. Golam Mohiuddin, Advocate—For the State. Criminal Appeal No.97 of 1984. Judgment Syed Fazle Ahmed J.- Appellant Md. Nasir alias Nasir alias Nasir Ahmed along with Nur Nabi and Enamul Hoque were placed on trial before Additional Sessions Judge, Noakhali to answer a charger...... a joint mess 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 Cod..Category: Criminal Law | Date: | Hits: 117
Muktar Hussain Khan Vs. Suresh Chandra Dey & Others, 1989, 18 CLC (HCD)
.... 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.3 is dated 13.2.81, th......86. ...... appealed against before the Supreme Court and the decision is reported in PLD 1972 (SC) 25. The Supreme Court however dismissed the appeal holding, inter alia, that after carefully considering the evidence led by the parties, it appears to their Lordships that the appellants have failed to disc..Category: Civil Law | Date: | Hits: 133
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