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Sonali Bank Vs. Mozaffor Hossain, 1997, 26 CLC (HCD)
....t of Subordinate Judge, Barisal is set aside and the ex parte decree dated 30-7-1983 is maintained. Order of stay stands vacated. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 174. ......ns was not duly served, or (ii) that he was prevented by any sufficient cause from appearing when the suit was called on hearing. The second one is relevant for the present purpose. 14. Keeping in view of the above provisions, I am now to see whether the defendant could prove by legal evidence th..Category: Procedural Law | Date: | Hits: 80
Abdur Rahim Vs. Arifur Rahman and others, 1997, 26 CLC (HCD)
....impugned judgment to call for any interference by this Court exercising revisional power. Send down the lower Court records at once. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 166.......etitioner moved this Court and obtained the present Rule. 7. Mr. Mostafa Kamal-ul-Alam, the learned Advocate appearing for the petitioner, submits that the learned Court of appeal below on a wrong view of section 114(g) of the Evidence Act dismissed the suit and the same has occasioned failure of..Category: Procedural Law | Date: | Hits: 68
Mohor Ranjan Pal and others Vs. State, 1997, 26 CLC (HCD)
....time of issuance of the Rules stand vacated. Let a copy of this judgment be sent to the learned Divisional Special Judge, at once. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 163. ......on as contemplated under 6(5) of the Criminal Law Amendment Act, 1958 is required if the public servant concerned ceased to be a public servant when the Court takes cognizance of the offence and this view was also taken in the case of Nazir Hossain Vs. State reported in 17 DLR (SC) 26. 19. In the..Category: Criminal Law | Date: | Hits: 71
Aslam Vs. State, 1998, 27 CLC (HCD)
....ibunal Judge will, however, be at liberty to cancel the bail, if he finds any misuse of the privilege of bail by the accused-appellant. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 161.......d as it appears from Annexure-’Z’ filed with a supplementary affidavit. The learned Advocate submits that under such circumstances, the conclusion of trial of the case has become uncertain and in view of the uncertainty of trial, the accused-appellant is entitled to get bail. 5. The learned A..Category: Criminal Law | Date: | Hits: 65
Ihteshamur Rahman Vs. Masuda Khatun and others, 1998, 27 CLC (HCD)
....tively within 3(three) months from the d of receipt of this order. The order of stay earlier granted by this Court is hereby vacated. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 159. ......ioner, having no sanction of law. Under such circumstance, we are inclined to hold, that the learned Subordinate Judge erred in law in allowing the prayer for re-examination of P.W.1 in a most casual view of the matter and thereby affording an unwanted premium to the plaintiff and the same has resul..Category: Property Law | Date: | Hits: 66
....ition Act. The expression a dwelling house belonging to an undivided family is to be liberally construed?”
The learned appellate Court without considering the above facts of the case, came to an erroneous finding that the suit land is not the part of dwelling house of an undivided family.
In......Act the defendant No.1 stated that the suit property is an undivided homestead and the suit land is the land of his purchased plot by 4 brothers including the defendant No.1. The Court below held the view that the entire suit plot is not the undivided dwelling house of the defendant No.1 as the suit..
Category: Property Law | Date: | Hits: 63
Bainchitala Islamia Junior Madrasha Vs. Md. Abdur Rashid & others, 1997, 26 CLC (HCD)
....ither be allowed under Order I rule 10 or under Order 22 rule 4 of the Code of Civil Procedure and the learned Appellate Court below misdirecting himself and on a total misconception of law and facts erroneously allowed the application filed by the opposite parties for adding them as appellants in t......ndi, the learned Advocate appearing for the plaintiff-petitioner, submits that the learned appellate Court below committed an error of law in allowing the application filed by the opposite parties in view of the facts that the petitioners did not assert in their application under Order I rule 10 of ..Category: Property Law | Date: | Hits: 55
Doris Waldman Vs. Bangladesh and others, 1996, 25 CLC (HCD)
....en made without lawful authority and are 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: 50 DLR (HCD) (1998) 151.......een taken by the respondents against the petitioner on the basis of Annexures-B and C are not sustainable in law, they having offended against the principle of natural justice. The petitioner, in our view, is also entitled to the remedies claimed by her on the basis of what is called ex-debito justi..Category: Criminal Law | Date: | Hits: 87
Shahnewaz Karim (Md.) Vs. State, 2009, 38 CLC (HCD)
....undertaking to produce the same before the Court on and when directed by the same. Copy be sent down at once. Ed. This Case is also Reported in:62 DLR (HCD) (2010) 67; 18 BLT (HCD) (2010) 5. ......iary loss; that after taking of Jimma of the said taxi cab if allowed by the Court and the same will be reproduced before the Court concerned on the date fixed when so asked for by the Court. in this view of the matter, the impugned order is liable to be set aside and the vehicle may be released on ..Category: Criminal Law | Date: | Hits: 110
Jamil Akhter Elahi (Md.) Vs. Government of Bangladesh and others, 2009, 38 CLC (HCD)
....ion is misconceived and the Rule is liable to be discharged. In the result, the Rule is discharged but without any order as to cost. Ed. This Case is also Reported in: 62 DLR (HCD) (2010) 64....... 1994. Since its entire shares are held by the Government, we are of the opinion that the Sonali Bank Limited still retains the character of a public authority for all practical purposes and, in that view of the matter, this writ petition is maintainable. 16. It appears that as a bank, it provide..Category: Others | Date: | Hits: 134
Islam Enterprise Vs. Commission of Taxes Zone-3, 2007, 36 CLC (HCD)
....he applications under section 173 of the Ordinance in the negative and against the revenue and in favour of the applicants. No costs. Ed. This Case is also Reported in: 62 DLR (HCD) (2010) 59.......licant made an application under section 173 of the Ordinance for correction of errors in both the assessments. But the Appellate Tribunal by its order dated 10-6-2002 rejected the application on the view that the applications were not maintainable. 6. In Reference No.213 of 2002, the other applican..Category: Fiscal/Taxation Law | Date: | Hits: 97
Nasiruddin (Md.) Vs. State, 2009, 38 CLC (HCD)
.... the result, the appeal is allowed with modification. Send down the Lower Court Records at once. Communicate the order at once. Ed. This Case is also Reported in: 62 DLR (HCD) (2010) 49. ......further submits there is a long line of decisions from the apex Court holding that, there is no reason to disbelieve Police personnel so far as their evidence are not otherwise impeachable. 11. In view of the facts and circumstances of this case, the points for decision are, (i) whether the incri..Category: Criminal Law | Date: | Hits: 79
Abul Kashem Vs. AKM Golam Mostafa and others, 2009, 38 CLC (HCD)
....sequent fresh application in this regard. It also appears to me that the Court of appeal below without reversing the finding of facts relating to service of summons arrived at by the trial Court most erroneously held that without examining opposite party No.21 Nurul Huda as to the date of knowledge,......f the Act was filed within time. The learned Judge of the trial Court rightly held that summons were not duly served upon opposite party No.23 i.e. co-preemptor. I am also in full agreement with such view of the trial Court. It further transpires to me that it is the discretion of the learned Court ..Category: Administrative Law | Date: | Hits: 230
.... the plaintiff's dismissal shall be treated to be special leave without pay and other benefits.
Send down the LC records accordingly.
Ed.
This Case is also Reported in: 62 DLR (HCD) (2010) 41.......pellate Court's findings are based on non-reading of evidence, surmise and conjecture. Therefore, I must set aside the findings of the lower appellate Court though it is the final Court of fact. This view of mine is well supported by the decision held in the case of Hussain Ahmed Chowdhury alias Ahm..
Category: Employment/Service Law | Date: | Hits: 118
....
The leave petitions are disposed of with the above observations and modifications of the earlier as well as the impugned judgments.
Ed.
This Case is also Reported in: 17 BLC (AD) (2012) 91.
......n, however, vacancy occurs upon satisfaction that the latter can satisfy the criteria laid down in clause 4 of the rule contained in the gazette cited above or they can bring themselves within the purview of ECNEC resolution, or that those, whose jobs were previously regularized on pick and choose b..
Category: Employment/Service Law | Date: | Hits: 147
State Vs. Lieutenant Colonel Syed Farook Rahman (Rtd.) and others, 2011, 40 CLC (HCD)
....executed, and therefore, these petitions have been abated. In view of the submission of the learned counsel, these petitions are dismissed as being abated. Ed. This Case is also Reported in: ......he petitioner submits that the accused-respondents had been convicted and sentenced to death in another case and they had already been executed, and therefore, these petitions have been abated. In view of the submission of the learned counsel, these petitions are dismissed as being abated. Ed...Category: Criminal Law | Date: | Hits: 85
.... appreciation of the facts and circumstances of the case.
We do not find any merit in the leave petition.
Accordingly, the petition is dismissed.
Ed.
This Case is also Reported in:
...... the part of the respondent Samity. Moreover, the Samity agreed to pay the increased value as calculated by the Government and has by now made full payment of the price as assessed.
We are of the view that the decision of the High Court Division is well-reasoned, and based on proper appreciation..
Category: Civil Law | Date: | Hits: 70
Chutta Miah Vs. State, 2004, 33 CLC (HCD)
.... made above and in accordance with law after giving the petitioner an opportunity to recall the prosecution witnesses for cross-examination. Ed. This Case is also Reported in: 56 DLR (2004) 610. ......the ends of justice. It appears from the impugned order dated 19‑2‑2004 that the Court below while disposing of the said application for recalling the PWs filed by the accused petitioner took the view that since State defence lawyer was appointed in the case to defend the accused petitioner Chut..Category: Criminal Law | Date: | Hits: 68
Abdul Mataleb Howlader and others Vs. State, 2003, 32 CLC (HCD)
....d by this Court earlier, stands vacated. Send a copy of this judgment to the Court concerned at once for information and necessary action. Ed. This Case is also Reported in: 56 DLR (2004) 607....... (a) that a fair and impartial inquiry or trial cannot be had in any Criminal Court subordinate thereto, or (b) that some question of law of unusual difficulty is likely to arise, or (c) that a view of the place in or near which any offence has been committed may be required for the satisfacto..Category: Criminal Law | Date: | Hits: 86
Kazi Liakat Ali and others Vs. Chairman, Civil Aviation Authority and another, 2003, 32 CLC (HCD)
....harged. The order of stay granted by this Court at the time of issuance of the Rule is hereby vacated. We however, make no order as to costs. Ed. This Case is also Reported in: 56 DLR (2004) 595.......nd vague. In the face of denial of the assurance or promise by the Authority, the issue has become a disputed question of fact which cannot be examined and determined in a writ case. 18. The above view taken by us is also supported by the observation laid down in 52 DLR 7 wherein their Lordships ..Category: Employment/Service Law | Date: | Hits: 125
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