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Rashedul Alam Chowdhury Vs. ASM Shahajahan and another, 2011, 40 CLC (AD)
.... and orders of the High Court Division do not call for any interference by this Division. Accordingly, these petitions are dismissed. Ed. This Case is also Reported in: 17 BLC (AD) (2012) 39.......(supra) was passed. Hence, the decision in that case is not applicable to the instant facts and circumstances. He finally submits that the High Court Division discharged the Rule on the ground that questions of fact are involved which would be dealt with by the trial Court upon adducing evidence a......ommitted an illegality upon being misled and relying upon the decision in the case of Nizamuddin Mahmood Vs. Abdul Hamid Bhuiyan reported in 17 BIT (AD) 41, which he submits is distinguishable in the facts and circumstances of the instant case. He further submits that the amended provision in sectio..Category: Criminal Law | Date: | Hits: 75
Shahid Hamid and another Vs. Nilufar Momtaz and anothe, 2011, 40 CLC (AD)
....erference. Therefore, we do not find any substance in this appeal. Accordingly, the appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: 17 BLC (AD) (2012) 34. ......erference. Therefore, we do not find any substance in this appeal. Accordingly, the appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: 17 BLC (AD) (2012) 34. ...... Bench of the High Court Division in First Appeal No.154 of 2006 reversing those dated 1-6-2006 passed by the learned Joint District Judge, Second Court, Dhaka in Title Suit No.100 of 2006. 2. The facts involved in the appeal, in brief, are as follows: The plaintiff and defendant No.1 both ar..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.......med may constitute the Government. 7. In this context the decision reported in 8 DLR (FC) 102, in the case of The Crown Vs. Muhammad Fazal Bangash may be cited. In a petition for habeus corpus the question arose on the order of detention passed on the detenu, Md. Fazal Bangash by the Chief Mini......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...Category: Criminal Law | Date: | Hits: 63
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. ......e-emptee petitioner before this Court was neither taken in the written objection before the trial Court nor the same was argued before the appellate Court below. Be that as it may, it is an important question of law and, as such, I allowed the learned Advocate to agitate the point before me. His onl...... 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. ..Category: Property Law | Date: | Hits: 70
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. ......of the British time, having no mark of lion. He also denied that the deed was of recent writing and created recently. He did not know any of the witnesses to the deed and he was not born then. To the question of the commission as to whether he claimed the land of RS plot Nos. 1207, 1208 and 1209, he......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. ..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. ......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. ......ed decision the decree being silent, Court held that interest is deemed to have been refused. Thus the four decisions cited by the learned Advocate for the petitioner are not very relevant in the facts of the present case. 11. The learned Advocate for the Opposite Party also cited the case ..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. ...... as a senior along with Mr. Raushan Ali. The petitioner's reply on this point is that the Court having entertained the petition and having issued the Rule, the Bench acted with jurisdiction and the question of surrender of the convicted accused before moving a revisional application before the H......Single Bench of this Court. He was not in custody to be released on bail but again obtained the bail as a fugitive from justice which, I am constrained to hold, have been obtained by suppression of facts, the presence of which vitiates every thing obtained. The petitioners have unclean hands and..Category: Criminal Law | Date: | Hits: 95
M. M. Rafiqul Hyder Vs. The State, 1988, 17 CLC (HCD)
....cuments, articles of daily use, clothes etc. belonging to the accused appellant may be returned to him after proper identification. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 274. ......amsuddin Molla felt that the Echolac bag was rather heavy. He (P.W.2) informed Mr. Shahjad Hossain, Deputy Collector of Customs about his suspicion. The said Deputy Collector directed that the bag in question should be searched in his room. During the search 31 pieces of gold bars were recovered fro......nce Act statements made by the person to whom a party to the suit has expressly referred for information in reference to a matter in dispute are admissions. But these grounds are not available in the facts and circumstances of the present case as the statement Ext.2 was made by the accused in a crim..Category: Criminal Law | Date: | Hits: 87
Md. Osman Vs. Fatema Khatoon & others, 1989, 18 CLC (HCD)
....l is allowed with costs and the judgment and decree of the lower appellate Court is set aside and those of the Trial Court is upheld. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 270.......on due to reign of terror perpetrated by Pakistan occupation army and became time-barred. In the instant case the defendants having had already deposited the rents in the Office of the Controller the question of exclusion of the period as contained in section 4 of the Order does not arise and the de......d that such remittance not being a legal proceeding within the meaning of Section 4 of the President's Order No.12 of 1972 the provisions of Section 4 of the Order has no manner of application to the facts of the instant case. Where the rent remitted by postal money order within the period prescribe..Category: Property Law | Date: | Hits: 66
Category: Labour and Industrial Law | Date: | Hits: 166
Shamir Ghosh Vs. Government of Bangladesh and others, 2004, 33 CLC (HCD)
....s. Accordingly, the trial Court is directed to dispose of the suit preferably within 3(three) months from the date of receipt of the order, Ed. This Case is also Reported in: 56 DLR (2004) 560. ......s. Accordingly, the trial Court is directed to dispose of the suit preferably within 3(three) months from the date of receipt of the order, Ed. This Case is also Reported in: 56 DLR (2004) 560. ......children cannot be compensated by money. The learned Assistant Attorney General could not produce any materials regarding violation of law, rules or terms and conditions of the licence. 17. In the facts and circumstances of the case, the impugned Judgment and order passed by the Appellate Court i..Category: Property Law | Date: | Hits: 62
Basiran Bewa Vs. State, 2004, 33 CLC (HCD)
....titioner complying with the above order of the Sessions Judge are hereby quashed. Communicate the order to the Courts concerned at once. Ed. This Case is also Reported in: 56 DLR (2004) 553. ......titioner complying with the above order of the Sessions Judge are hereby quashed. Communicate the order to the Courts concerned at once. Ed. This Case is also Reported in: 56 DLR (2004) 553. ...... back the case to him after passing necessary order regarding taking cognizance of an offence against the petitioner in the light of the observation made by him should not be quashed. 2. The short facts leading to this Rule are that, Mizanur Rahman filed a petition of complaint before the Magistr..Category: Criminal Law | Date: | Hits: 81
Rahima Khatun Vs. Md. Nurul Hoque & others, 1996, 25 CLC (HCD)
....the result, the Rule is discharged without any order as to costs. The order of stay earlier granted by this Court is hereby vacated. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 140.......rightly been passed by the trial Court and in the instant case since admittedly the defndant No.18 the predecessor-in-interest of the opposite party Nos. 1-9, was not alive, the preliminary decree in question is a nullity and in that view of the matter the instant application under Order 9 rule 13 o......ion in this case is as to whether the heirs of defendant No.18 can invoke the provisions of Order 9 rule 13 of the Code or they must resort to other remedies that are available to them in view of the facts and circumstances of the case. It is now well settled that against an ex parte decree a surviv..Category: Procedural Law | Date: | Hits: 67
Abdul Hakim (Md.) Vs. Government of the People’s Republic of Bangladesh & others, 1997, 26 CLC (HCD)
.... necessary party in the instant writ petition and, as such, this application for the addition of party is rejected. 7. In this connection we like to refer to three judgments of this Court over the identical subject matter of writ petition instituted by the Ex-employees of Mujibnagar Government. A......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. ......arned Advocate that there are some omissions in the judgment for which it will be difficult for the petitioner to get the appropriate relief. It is submitted by the learned Advocate that the detailed facts and necessary individual decision may be given for absorption of the petitioner. 2. We have..Category: Administrative Law | Date: | Hits: 183
Category: Property Law | Date: | Hits: 56
Nirman International Ltd. Vs. Islam Steel Mills Ltd. and others, 1997, 26 CLC (HCD)
.... learned brother has already discussed and observed very clearly the legal aspect on this point in view of case laws cited before us. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 125. ......otherwise. He submits that the expression ‘otherwise’ included inability of the appellant to furnish security which was condition precedent for making the order under appeal. Again, it brings the question whether the petitioner was aware of such conditional order. Unless notices of such order is......ttachment before judgment dated November 27, 1995 passed by the learned Subordinate Judge, 2nd Court, Chittagong in Money Suit No.44 of 1995. 2. For disposal of this appeal, in short, the relevant facts are that the respondent-1 company is a manufacturer of various iron and steel materials of dif..Category: Procedural Law | Date: | Hits: 118
Nurul Islam and others Vs. Khatibuddin Ahmed and others, 2004, 33 CLC (HCD)
....accordance with law on the evidence adduced by the parties, if any. Send down the copy of this judgment and order to Courts below at once. Ed. This Case is also Reported in: 56 DLR (2004) 545.......accordance with law on the evidence adduced by the parties, if any. Send down the copy of this judgment and order to Courts below at once. Ed. This Case is also Reported in: 56 DLR (2004) 545.......tution of the said Association by reversing the Order No. 4 dated 20‑9‑03 passed by the learned Senior Assistant Judge, Sadar, Dinajpur in Other Suit No. 142/03 should not be set aside. 2. The facts leading to issuing the Rule, in short, inter alia, is that the opposite parties as plaintiffs ..Category: Civil Law | Date: | Hits: 74
Naogaon Rice Mills Ltd. Vs. Pubali Batik Ltd., 2002, 31 CLC (HCD)
....he learned Artha Rin Adalat and the learned Cognizance Court and Magistrate, 1st Class, Naogaon for their information and necessary action. Ed. This Case is also Reported in: 56 DLR (2004) 543. ......non-bailable may, if it thinks necessary to do so, send the accused in custody of such Magistrate, and may bind over any person to appear and give evidence before such Magistrate. 7. Now, the only question that calls for our consideration is whether a preliminary enquiry before lodging any compla......d and enjoyed. Not only that the complaint against the petitioner to the Criminal defendants already transferred the building may be Court concerned with the land at about Taka 21,00,000. 2. Short facts relevant for the purpose of the case are that, Pubali Bank as plaintiff instituted Artha Rin A..Category: Criminal Law | Date: | Hits: 82
AKM Shahidul Hoque Vs. Deputy Commissioner and others, 2003, 32 CLC (HCD)
....l get a decree for 2,43,505 + 3,66,225.81 = Taka 6,09,730.81 with interest at the rate of 10% from the date of the decree till realisation. Ed. This Case is also Reported in: 56 DLR (2004) 538. ......l get a decree for 2,43,505 + 3,66,225.81 = Taka 6,09,730.81 with interest at the rate of 10% from the date of the decree till realisation. Ed. This Case is also Reported in: 56 DLR (2004) 538. ......l get a decree for 2,43,505 + 3,66,225.81 = Taka 6,09,730.81 with interest at the rate of 10% from the date of the decree till realisation. Ed. This Case is also Reported in: 56 DLR (2004) 538. ..Category: Civil Law | Date: | Hits: 99