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Naimuddin Molla and others Vs. Ibrahim Molla and others, 2008, 37 CLC (HCD)
....ltimately heard by the learned Joint District Judge, 2nd Court, Faridpur who allowed the appeal upon finding that the trial Court failed to consider the evidence on record in its true perspective and erroneously dismissed the suit. The appellate Court upon further finding that the Bainapatra being a...... duty by the plaintiff, which the plaintiff has already paid. It appears that this lacuna in the impugned Bainapatra for insufficiency of stamp duty has been cured by the said impounding order and in view of the provision of section 35 of the Stamp Act, 1899 this Court finds that the impugned Bainap..Category: Procedural Law | Date: | Hits: 120
Mahamudur Rahman Vs. Md. Matiur Rahman, 2006, 35 CLC (HCD)
.... absolute. The proceeding of GR Case No.3735 of 2002 pending in the Court of learned Chief Metropolitan Magistrate, Dhaka is quashed. Ed. This Case is also Reported in: 62 DLR (HCD) (2010) 367. ...... up from business transaction. It also appears from the first information report that considerable amount, that is about Taka 16,50,000, has already been paid by the accused petitioner. We are of the view that is no criminal intention to cheat or to deceive the informant by the petitioner has been m..Category: Criminal Law | Date: | Hits: 87
Hefzur Rahman (Md) Vs. Shamsun Nahar Begum and another, 1995, 24 CLC (HCD)
.... Taka. 1000.00 each per month from the defendant-petitioner Md. Hefzur Rahman till respectively she remarries and he attains majority. Ed. This Case is also Reported in: 47 DLR (HCD) (1995) 54. ...... They insist that the readers should follow any of the interpretations given by the recognised early scholars. They go further by saying that the door of interpreting Quran is now closed. 13. This view was echoed and accepted by the Privy Council in a case reported in ILR 25 Cal 9 (Aga Mahomed Ja..Category: Family Law | Date: | Hits: 528
Anwar Hossain Khan Vs. Speaker of Bangladesh Sangsad Bhavan and others, 1994, 23 CLC (HCD)
.... absentee members of the parliament without leave of the Parliament is recoverable by appropriate authority upon the processes of law. Ed. This case is also Reported in: 47 DLR (HCD) (1995) 42. ......ers of the Parliament in the general election held in the year of 1991. The respondent Nos. 3‑5 took oath of office as member of the Parliament to abide by the provisions of the Constitution with a view to representing the people of Bangladesh and further bound them not to allow their personal int..Category: Constitutional Law | Date: | Hits: 344
Prof. Nurul Amin Bepari Vs. Vice-Chancellor & others, 1998, 27 CLC (HCD)
.... For the reasons stated above the Rule is liable to be discharged. Accordingly, the Rule is discharged without any order as to costs. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 405.......respectively. For the selection of teachers in the Islamic Studies Department Mr. AK Gholam Rabbani of the Department of Islamic History was appointed as a member of the Selection Boards to take interview of the candidates for appointment as Assistant Professors and he will take interview of a lectu..Category: Employment/Service Law | Date: | Hits: 228
State Vs. A K M Mohiuddin, 1996, 25 CLC (HCD)
....charge levelled against him. He be set at liberty forthwith if not wanted in any other connection. Send down the records at once. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 447. ......ned Assistant Attorney‑General appears for the State. 6. Syed Ziaul Karim has taken us through the FIR depositions and the judgment of the trial Court. The whole argument of Mr. Karim is that in view of the evidence and Materials on record there is no misappropriation by the appellant with dish..Category: Criminal Law | Date: | Hits: 99
Indu Mod Howlader Vs. Additional Deputy Commissioner and others, 1997, 26 CLC (HCD)
....Mr. Ranjan Kumar Saha, Assistant Judge, Wazirpur, Barisal in Title Suit No.87 of 1988 is hereby confirmed without any order as to cost. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 444.......ary evidence was led before the trial Court on behalf of the vested property authority to prove that the predecessor‑in‑interest of the plaintiff petitioner‑migrated to India before 1965 but in view of the oral evidence given by P.W.2 that the predecessor‑in‑interest of the plaintiff left ..Category: Property Law | Date: | Hits: 84
Advocate Md. Abdul Hamid Vs. Md. Fazlur Rahman, 1997, 26 CLC (HCD)
....hearing the learned Advocate for the petitioner, we find no merit in this application. So, this application is rejected summarily. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 441. ......g in it. 7. The learned Advocate for the petitioner in support of his submission referred the aforesaid decisions of the Indian jurisdiction. We have gone through these decisions and we are of the view that these have no manner of application in the facts and circumstances of the present applicat..Category: Election Law | Date: | Hits: 247
Government of Bangladesh and others Vs. Jahangir Alam & others, 2011, 40 CLC (AD)
....n law but is just in fact. In the result, all the appeals are dismissed but without any order as to costs. Ed. This Case is also Reported in: 17 BLC (AD) (2012) 115; 32 BLD (AD) (2012) 145. ......rd, Ex parte Lain [1967] 2 Q.B. 864. So it was held in Reg. Vs. Board of Visitors of Hull Prison, Ex parte St. Germain (No.2) [1979] 1 WLR 1041 that a prisoner is entitled to challenge, by judicial review, a decision by a prison board of visitors, awarding him loss of remission of sentence, although..Category: Employment/Service Law | Date: | Hits: 208
Md. Zahurul Islam Vs. Deputy Commissioner, Kushtia and others, 2012, 41 CLC (AD)
....infirmity in the judgment and decree of the High Court Division in dismissing the suit. Accordingly, the leave petition is dismissed. Ed. This Case is also Reported in: 17 BLC (AD) (2012) 106. ......cre of land as described in schedule –‘Ka’ to the plaint. Thereafter, he developed the land by spending taka 91,280 by filling earth and converted them into valuable lands. The plaintiff with a view to establish bazar and cattle market spent about taka 1,70,000 for purchasing land and transfer..Category: Property Law | Date: | Hits: 105
Mahmudul Huq Vs. Mst Golap Bia & others, 1988, 17 CLC (HCD)
....cussions above, I do not find any substance in this appeal. In the result, this appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 314. ......t is not debarred from deciding the appeal both on point of limitation and on merit after taking into consideration of the evidence on record as the appeal is a continuation of the suit. Rather in my view recourse to such a procedure is all the more necessary in order to avoid multiplicity of procee..Category: Property Law | Date: | Hits: 86
Abul Basar Sowdagar Vs. Aminul Huq & others, 1989, 18 CLC (HCD)
....er considering the decision of the Privy Council in the case of Mussummat Durga Choudhrian Vs. Jawahir Singh Chowdhury reported in 17 Indian Appeals 122, observed in that case as follows: "That an erroneous finding of fact is a different thing from an error or defect in the procedure and that the......than Ataul Huq in order of inheritance." 6. Now let us consider the contention of the learned Advocate that whether this finding which is essentially a finding of fact can be said to be illegal in view of non-consideration by the lower appellate Court of Exts. e and e(1). From perusal of the judg..Category: Property Law | Date: | Hits: 103
State Vs. Mohammad Salim, 2010, 39 CLC (HCD)
....005 is accordingly disposed of. Let the lower Court's records along with a copy of this judgment be transmitted to the trial Court. Ed. This Case is also Reported in: 15 BLC (HCD) (2010) 99. ......the decisions of the cases of Vasant Laxman More Vs. State of Maharashtra, reported in AIR 1974 (SC) 1697 and the case of Sheikh Ayub Vs. State of Maharashtra reported in AIR 1998 (SC) 1285. 9. In view of the arguments advanced by the learned Advocates let the evidence adduced by the prosecution ..Category: Criminal Law | Date: | Hits: 118
One Bank Ltd. Vs. Government of Bangladesh and others, 2009, 38 CLC (HCD)
.... granted at the time of issuance of the Rule and extended subsequently is hereby recalled and vacated. There is no order as to costs. Ed. This Case is also Reported in: 15 BLC (HCD) (2010) 91.......uences to follow for their non-compliance of SEC's instructions in time. The prayer, incorporated in the Writ Petition, at least in respect of the notice for showing cause is totally misconceived. In view of the statements made in paragraph Nos. 5 and 6 of the supplementary affidavit, the petitioner..Category: Business or Commercial Law | Date: | Hits: 237
Gadu Mia & others Vs. State, 1991, 20 CLC (HCD)
....ted from the charge levelled against them and they shall 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) 246. ......ase. 9. Now, the question as has been raised as to whether the P.W.2 Aktar Hossain being aged about 11 years at the time of recording his deposition in this case was a competent witness or not, in view of section 118 of the Evidence Act. Section 118 of the Evidence Act runs as follows: "118. A..Category: Criminal Law | Date: | Hits: 106
State Vs. Dr. Md. Nurul Islam, 2011, 40 CLC (HCD)
.... a copy of this judgment and order, be sent to the concerned Court below for information and necessary action at once. Md. Emdadul Haque Azad J. - I agree. Ed. This Case is also Reported in: ......er go to the alleged Shyamahar Dighi for planting banana plants and releasing fries in that Dighi and also did never commit any occurrence as alleged by the prosecution and that the informant, with a view to get rid of the murder of Togor and also with intent to deprive the accused Dr. Nurul Islam f..Category: Criminal Law | Date: | Hits: 104
State Vs. Md. Saiful Huq @ A. Saiful and 6 others, 2012, 41 CLC (HCD)
....alleged murder, had been with the deceased and that the learned Additional Sessions Judge failed to appreciate all those aspects of the matter as well as the evidence on record and thereby came to an erroneous decision in convicting the appellant Saiful and as such the same is liable to be set aside......302/149 along with other Sections of the Penal Code. Ultimately, charge was framed against all the 39 charge-sheeted accused persons under Section 302/34 of the Penal Code. The prosecution, with a view to establish the charge leveled against the accused persons, examined as many as 18 witnesses a..Category: Criminal Law | Date: | Hits: 93
Abdul Mannan Sikder Vs. Matilal Dhupi and others, 1998, 27 CLC (HCD)
.... months from the date of receipt of this order, without granting adjournments to the contending parties except on compelling reasons. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 403. ......tance and the same are repelled. I do not find any legal infirmity in the impugned order justifying interference by this Court exercising power under section 115(1) of the Code of Civil Procedure. In view of the aforesaid discussions, I find that this Rule is without any substance and accordingly, i..Category: Procedural Law | Date: | Hits: 87
Pranajit Barua Vs. State and another, 1998, 27 CLC (HCD)
....in Chittagong District Jail is declared illegal. Let him be set at liberty forthwith if not wanted in connection with any other case. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 399. ......er dated 31-5-98. 5. Learned Assistant Attorney-General while challenging the Rule contended that since the detenue is being detained under the provisions of section 3 of the Special Powers Act in view of the provisions of sub-section 491 of the Code of Criminal Procedure detenu cannot be release..Category: Criminal Law | Date: | Hits: 72
Shainpukur Holding Ltd. Vs. Security Exchange Commission, 1997, 26 CLC (HCD)
....the criminal proceedings pending before the CMM Dhaka. In the result, the References are rejected and order of stay stands vacated. Ed This Case is also Reported in: 50 DLR (HCD) (1998) 291. ......on at which the Magistrate or Judge, as the case may be, decides upon taking necessary steps to initiate a judicial proceeding against a personal accused of an offence for placing him on trial with a view to determine the truth or otherwise of the accusation in the case of Abdul Ali Vs. State report..Category: Business or Commercial Law | Date: | Hits: 219
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