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Al Baraka Bank Bangladesh Ltd. Vs. Rina Alam and another, 2004, 33 CLC (HCD)
....ffirmed. The bank is directed to return the schedule document within seven days of receipt of this judgment. Send down the LCR at once. Ed. This Case is also Reported in: 56 DLR (2004) 588....... defendant bank, miserably failed to prove further mortgage of same property of the plaintiff and the learned Joint District Judge therefore, did not commit any error in decreeing the suit. 30. In view of the conflicting, submissions, the questions as to (a) whether the plaintiff further mortgage..Category: Civil Law | Date: | Hits: 109
Abdul Mazid Khan and others Vs. Ali Howlader and others, 2003, 32 CLC (HCD)
....e learned Subordinate Judge, Bhola in Title Suit No. 104 of 1982 is set aside. Communicate the order at once to the learned Court below. Ed. This Case is also Reported in: 56 DLR (2004) 587. ......ppointing, a receiver in a suit for simple declaration of title and, as such, the order appointing a receiver should be set aside in the interest of justice. The learned Advocate also submits that in view of the fact that the suit land being a vast area, unspecified and undemarcated land, the order ..Category: Civil Law | Date: | Hits: 89
Hasan Rony Vs. State, 2004, 33 CLC (HCD)
....d against him and he is acquitted thereof. Appellant Hasan Rony be set at liberty at once, if not wanted in connection with any other case. Ed. This Case is also Reported in: 56 DLR (2004) 580. ......s person and that he was shifted to the hospital wherein he had availed of the treatment till 18‑4‑2002. Now the question is, whether the appellant has self inflicted the friendly injuries with a view to absolve himself from the charge of murder of his wife. To be precise, whether the appellant,..Category: Criminal Law | Date: | Hits: 128
Abdur Rashid Chowdhury Vs. Additional District Judge and others, 2003, 32 CLC (HCD)
....ial institution and/or that the debt, claimed against the defendants was not a 'matured debt' of any bank or financial institution, the plaintiff was not entitled to sue the defendants; and upon such erroneous assumptions, the Court failed to exercise the jurisdiction vested in it by the Act in not ......plaint under section 5(1) and section 110 of the Bankruptcy Act, 1997 (Act X of 1997), hereinafter referred to as the Act by impugned order. 4. On behalf of the petitioner it was submitted that in view of the scheme of the Act the Court had no jurisdiction either under section 5(1) and/or section..Category: Others | Date: | Hits: 185
Md. Iqbal Hossain Vs. Government of Bangladesh and others, 2011, 40 CLC (AD)
....passed by the High Court Division. Accordingly, the civil petition for leave to appeal is dismissed with the observation made above. Ed. This Case is also Reported in: 17 BLC (AD) (2012) 42. ......tion process. To allow Court's intervention will hinder the process of election which is the basis for running a democratic institution. 14. Having considered all aspect of the case, we are of the view that the acceptance of the nomination paper of the writ petitioner should be deemed a provision..Category: Election Law | Date: | Hits: 250
Shahid Hamid and another Vs. Nilufar Momtaz and anothe, 2011, 40 CLC (AD)
.... suit on the ground of formal defect before the High Court Division and that the High Court Division without looking into that fact allowed the appeal. He further submits that the High Court Division erroneously came to a finding that the suit is not barred by section 272 of the Cantonment Act, 1924......d the apartment to his daughter, defendant No.2 on 12-2-2005. Defendant No.1 subsequently affirmed an affidavit on 24-2-2005 in support of the gift. Defendant No.1, in fact, created the gift with a view to depriving the plaintiff. Defendant No.1 in the meantime divorced the plaintiff. Hence the su..Category: Property Law | Date: | Hits: 81
Govt. of People's Republic of Bangladesh Vs. Md. Habibur Rahman @ Manu, 1978, 7 CLC (AD)
....on and no consideration of the merit of the case or the detention order arises and so this appeal is disposed of in the terms aforesaid. Ed. This Case is also Reported in: 31 DLR (AD) (1979) 152.......vernor, either directly or through the officer subordinate to him as provided under section 49. The Federal Court relied on the case of King Vs. Sibnath Banerjee 72 I.A. 241; AIR 1945 P.C. 336. The view taken by us finds full support from the aforesaid two decisions of the Federal Court and the Pr..Category: Criminal Law | Date: | Hits: 63
....ration will pay the arrear salary to the employees immediately.
In the result, the Rule is discharged without any order as to costs.
Ed.
This Case is also Reported in: 62 DLR (HCD) (2010) 1.
......declaring the order of termination as illegal and void. Against the same Judgment BJMC preferred Civil Petitions for Leave to Appeal Nos.354, 598 and 599 of 2004 which were dismissed. Thereafter, a review Petition being No.111 of 2005 preferred against the Judgment was also dismissed on 30-11-2006. ..
Category: Criminal Law | Date: | Hits: 83
Mantu Faraji alias Jamal Faraji and others Vs. Mahiuddin Khan, 1996, 25 CLC (HCD)
.... is a raiyati land within a village and so section 96 of the Act is attracted. In the result, the Rule is discharged without cost. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 147. ......y the pre-emptee petitioners denying the material allegations made in the petition and contending, inter alia, that the pre-emptor opposite party No.1 is not a co-sharer. 3. The trial Court on a review of the evidence allowed the Miscellaneous case and directed the pre-emptor to pay Taka 4,000.00..Category: Property Law | Date: | Hits: 70
Sabdul Ali (Md.) Vs. Md. Mabed Ali Sarker, 1997, 26 CLC (HCD)
.... Proceedings of the Non-GR Case No.157 of 1995 pending in the Court of the Magistrate, 1st Class, Zone Mymensingh, is hereby quashed. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 146. ......ies to enter into the disputed land. 3. Mr. Omar Ali Khan, learned Advocate for the petitioner, submits that the learned Magistrate assumed the jurisdiction which he was not permitted to assume in view of the pendency of the civil suits instituted by both the parties against each other. 4. Mr...Category: Property Law | Date: | Hits: 75
Prodip Kumar Dutta & another Vs. Mira Rani Dutta and another, 2004, 33 CLC (HCD)
....could not be denied. So, the impugned order of learned Joint District Judge rejecting the application for addition on the view that the applicants were not heirs of said deceased Rana Dutta is wholly erroneous and cannot be sustained. 16. The interpretation of 'interest' in filing a caveat in a p......rejected. Hence, the Rule. 4. Mr. B. Chakrabartty, learned Advocate on behalf of the petitioner, submits that learned Joint District Judge fell in serious error in rejecting the application on the view that the applicants were not heirs of deceased Rana Dutta under the Hindu Law. 5. Reading se..Category: Property Law | Date: | Hits: 69
NFM Universeum Estate Ltd. Vs. ANM Obaidul Islam and others, 2004, 33 CLC (HCD)
....rocedure for using said deed in the suit knowing it to be forged and fraudulent for criminal prosecution. Send down the records at once. Ed. This Case is also Reported in: 56 DLR (2004) 563. ...... the deed was created. Besides, Exhibit 3 certified copy of suit register, which clearly recorded that on 19‑7-1935 the will of Sharat Chandra Ghosh was probated in Probate Case No. 7 of 1934. In view of the above, we do not think the plaintiffs were required to prove the certified copy again by..Category: Property Law | Date: | Hits: 85
Sonali Bank Vs. Mahbubul Amin & others, 1989, 18 CLC (HCD)
....Execution Case No.791 of 1986 is vacated. The Execution Case will proceed in accordance with law. The records be sent down at once. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 298. ......t which the Court may grant in a case under section 34 C.P.C. are interest for the period prior to the institution of the suit. This is, of course, a matter of substantive law and is outside the purview of the section and next the Court can award interest for the period after passing of the decree..Category: Procedural Law | Date: | Hits: 74
Abdus Samad & others Vs. State, 1989, 18 CLC (HCD)
....t with a fresh application on Revision along with a prayer for bail after surrender, if so advised. Send down the records at once. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 291. .......G. Prison, Dhaka (his letter No.526/RB dated 26.1.77) that accused appellant Khalilur Rahman escaped from the jail custody on 17.12.71. He is still absconding. He is thus a fugitive from justice. In view of the decision dated 13.4.78 of the Special Bench of this Court in Criminal Appeal No.472 of 1..Category: Criminal Law | Date: | Hits: 95
M. M. Rafiqul Hyder Vs. The State, 1988, 17 CLC (HCD)
....on the ground that they are Biman officials. The reason shown for disbelieving these witnesses is not at all rational, cogent and convincing. In that view of the matter we hold that the trial Court erroneously and illegally disbelieved the evidence of P.Ws.5-7. 24. In convicting and sentencing ......10,000/- in default, to suffer rigorous imprisonment for another one year. The Special Tribunal also found that as the offence punishable under section 156(B) of the Customs Act comes within the purview of section 25B(1) of the Special Powers Act, no separate sentence is required to be awarded und..Category: Criminal Law | Date: | Hits: 87
Md. Osman Vs. Fatema Khatoon & others, 1989, 18 CLC (HCD)
.... appeal below erred in law holding that there was no cause of action for the suit and the defendants were not defaulters as they were depositing the rents in the Office of House Rent Controller on an erroneous view of the provision of President’s Order No.12 of 1972. He further submits that admitt......low erred in law holding that there was no cause of action for the suit and the defendants were not defaulters as they were depositing the rents in the Office of House Rent Controller on an erroneous view of the provision of President’s Order No.12 of 1972. He further submits that admittedly the r..Category: Property Law | Date: | Hits: 66
....9.8.82.
We, therefore, find no ground for interference.
In the result the Rule is discharged but without any order as to costs.
Ed.
This Case is also Reported in: 41 DLR (HCD) (1989) 265.
......m for a period of only 60 days from 19.8.87. The continued suspension of the respondent No.2 beyond the period of 60 days from 19.8.87 was illegal, unauthorized and not sanctioned by any law in any view of the matter.
14. Section 17 (2) of the said Act provides, that any worker found guilty of ..
Category: Labour and Industrial Law | Date: | Hits: 166
Rahima Khatun Vs. Md. Nurul Hoque & others, 1996, 25 CLC (HCD)
....n ex parte decree is passed can file an application under Order 9 rule 13 of the Code of Civil Procedure for setting aside the ex parte decree and in that view of the matter the trial Court taking an erroneous view of law illegally entertained the application under Order 9 rule 13 of the Code of Civ......emplates that only a defendant against whom an ex parte decree is passed can file an application under Order 9 rule 13 of the Code of Civil Procedure for setting aside the ex parte decree and in that view of the matter the trial Court taking an erroneous view of law illegally entertained the applica..Category: Procedural Law | Date: | Hits: 67
Abdul Hakim (Md.) Vs. Government of the People’s Republic of Bangladesh & others, 1997, 26 CLC (HCD)
....nt be also sent to the Principal Secretary to the Prime Minister in her office at Tejgaon, Dhaka for information and necessary action. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 137. ......dvocate - For the Petitioner. Kaiseruddin Ahmed, Deputy Attorney-General - For the Respondents. Writ Petition No.1541 of 1997. Judgment Md. Mozammel Hoque J.- This is an application for review of the Judgment dated 4-6-97. It is submitted by the learned Advocate that there are some omiss..Category: Administrative Law | Date: | Hits: 183
.... be correct.
31. Because a Court of law, as a Court of equity would not allow a person to be relegated to a point to file a separate suit for the rectification of a mistake in a document which has erroneously occurred due to mutual mistake and the possession has been delivered to the plaintiff, b......e Courts of equity will interfere in cases of written agreements where there has been innocent omission or insertion of a material stipulation contrary to the intention of both parties.”
30. The view taken by the lower appellate Court that since the plaintiff has not filed a separate suit for t..
Category: Property Law | Date: | Hits: 56
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