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....defendants under Order VII, rule 11 of the Code of Civil Procedure is allowed.
The plaint of title Suit No.12 of 2002 is hereby rejected.
Ed.
This Case is also Reported in: 57 DLR (2005) 34.
......site parties. The learned Assistant Judge by the impugned order rejected the application holding that civil Court has jurisdiction to see as to whether show cause notice was issued in accordance with law.
3. Mr. Nurul Amin, learned Advocate appearing with Mr. Dewan Mukhdum, submits that in view o..
Category: Procedural Law | Date: | Hits: 72
One Bank Limited and others Vs. Chaya Developer (Pvt.) Limited and others, 2011, 40 CLC (AD)
....hereafter, the respondents are directed to file the concise statement within 1 (one) week to make the appeal ready for expeditious hearing. Ed. This Case is also Reported in: VIII ADC (2011) 963.......e to Appeal No.620 of 2011 to consider the following: - I. Whether the High Court Division was in error in nullifying the proceeding conducted by the Additional District Judge, inasmuch as the law does not say that trial by an Additional District Judge who was entrusted with the trial of Arth..Category: Civil Law | Date: | Hits: 59
Khokan Chandra Mondal and another Vs. Nanda Lal Mridha and another, 2010, 39 CLC (AD)
....fering with the concurrent findings of fact of the Courts below. Accordingly, the appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: VIII ADC (2011) 926. ......ing those of the courts below and dismissed the suit. 5. Mr. Mahbubey Alam, the learned Counsel appearing for the plaintiffs contended that the learned Judges of the High Court Division erred in law in disbelieving the execution of the deed of contract for sale relying upon the subsequent eve..Category: Civil Law | Date: | Hits: 55
.... and decisions of the High Court Division and in the circumstances this appeal be dismissed on contest without any order as to costs.
Ed.
This Case is also Reported in: VIII ADC (2011) 921.
...... son of Purna Chandra, but it set aside the judgment of the trial court and dismissed the suit holding that the suit was barred by limitation and that the defendant No.1 being the domesticated son-in-law of the original owner Purna Chandra he cannot be evicted from the property of his father-in-law...
Category: Property Law | Date: | Hits: 49
Almgir Hossain and another Vs. State, 2012, 41 CLC (AD)
....fessional statements is not tenable in law”. Preparation of paper book, as prayed for, is dispensed with. Both the appeals will be heard analogously. Ed. This Case is also Reported in: ......der to substantiate the prosecution case, prosecution examined 16 (sixteen) witnesses who were cross-examined on behalf of the accused present in the dock and also cross-examined by the State Defence lawyer appointed on behalf of the absconding accused. From the trend of the cross-examination by the..Category: Criminal Law | Date: | Hits: 70
Pulin Mahajan Vs. State, 2011, 40 CLC (AD)
....it in this appeal. The appeal is allowed. The judgments of Courts below so far as it relate to the appellant's conviction are set aside. Ed. This Case is also Reported in: VIII ADC (2011) 982. ...... about the said forged deed, the victim instituted other class suit No.78 of 1987 in the Court of Munsif, Rawjan. After the institution of the suit the appellant and Shadhan Chowdhury, his brother-in-law, used to threaten her to withdraw the suit with dire consequence. The appellant had no talking t..Category: Criminal Law | Date: | Hits: 81
Nurul Hossain Khan (Md.) Vs. Salenoor Begum, 1997, 26 CLC (HCD)
....suit expeditiously preferably within 3(three) months, from the date of receipt of the LC records. Send down the LC Records at once. Ed This Case is also Reported in: 50 DLR (HCD) (1998) 38. ......nt moved this Court and obtained the present Rule. Mr. Shahid Ahmed, the learned Advocate appearing for the defendant petitioner, submits that the learned Senior Assistant Judge seriously erred in law in passing the impugned judgment without at all considering and discussing the evidence of any o..Category: Property Law | Date: | Hits: 64
Mohsena Begum Vs. Abdus Sattar being dead his heir Momtaz Begum, 1997, 26 CLC (HCD)
....Appeal No.127 of 1987 are affirmed. The order of stay granted earlier by this Court is vacated. Send down the case records at once. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 29. ......submits that the defendant had already filed Title Suit No.27 of 1985 for eviction of the plaintiff-opposite party from the suit land and as such the filing of the present suit is not maintainable in law. The learned Advocate also submits that the learned Subordinate Judge erred in law in passing th..Category: Property Law | Date: | Hits: 62
Shaw Wallace Bangladesh Limited Vs. Tofazzal Hossain, 1997, 26 CLC (HCD)
..... In view of the above, the Rule is made absolute without any order as to costs. The impugned Judgment dated 20-5-95 is set aside. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 22. ......Hasan J.- This Rule was issued calling upon the respondents to show cause why impugned Judgment (Annexure-J) dismissing the appeal of the petitioner should not be declared to have been passed without lawful authority and is of no legal effect. 2. The facts, as stated in the petition, the petition..Category: Labour and Industrial Law | Date: | Hits: 255
Abu Taher and others Vs. Hasina Begum and another, 1997, 26 CLC (HCD)
....and there is no merit in this application. The Rule, is accordingly discharged. The order of stay passed earlier is hereby vacated. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 19. ......present an appeal before the learned Sessions Judge against the order of acquittal passed by the Magistrate and as the same has not been done the entertainment of the revisional application is bad in law. It is also submitted that there is nothing on record to show that the State earlier refused to ..Category: Criminal Law | Date: | Hits: 83
State Vs. Abul Hashem, 1997, 26 CLC (HCD)
.... Hashem is altered to the sentence of imprisonment for life. Jail appeal No.1944 of 1992 is dismissed. Death Reference is rejected. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 17. ......sideration, then there is no evidence to connect them in the commission of the dacoity. 9. Mr. Syed Abu Kowser, learned Assistant Attorney-General, in reply submits that there is no requirement of law to state to a confessor that if he makes or does not make any confession he will not be sent to ..Category: Criminal Law | Date: | Hits: 66
Giasuddin (Md.) Vs. Eastern Co-operative Jute Society Limited and others, 1997, 26 CLC (HCD)
....order as to cost and the impugned order dated 22-3-92 is declared to have been made without any lawful authority and of no legal effect. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 15.......-92 passed by the respondent No. 3 Joint Registrar (Credit) of Co-operative Societies and Arbitrator in Dispute Case No. 3 of 1992 (Industry) (Annexure G) shall not be declared to be illegal, without lawful authority and of no legal effect. 2. Learned Advocate for the petitioner after placing the..Category: Alternative Dispute Resolution | Date: | Hits: 156
Mustasim Ali Vs. Abdul Motalib and others, 1993, 22 CLC (HCD)
....would be conveniently within one week after receipt of the order by the Tribunal from this Court. There will be no order as to costs. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 733. ...... entire election to be void. 6. In the election case, the petitioner filed written objection denying the material allegations made therein asserting that the polling and counting of the votes were lawful and there was no illegality as such and the election petition is liable to be dismissed. On 6..Category: Election Law | Date: | Hits: 188
Soleman Bibi and another Vs. Administrator, Farajikandi Complex and others, 1992, 21 CLC (HCD)
....rdingly discharged without any order as to costs. Let the lower Court's records be sent down at once with a copy of this judgment. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 727. ......ffs for permanent injunction. 3. The defendant Nos. 1 and 2 filed written statement to contest the suit by denying the material allegations made in the plaint and also by raising some questions of law including the question of maintainability of the suit, the same being hit by sections 43 and 44 ..Category: Property Law | Date: | Hits: 47
Sarafat Hossain Vs. Dr. Islamuddin, 1992, 21 CLC (HCD)
....her Appeal No.112 of 1985 does not call for any interference. In the result, the Rule is discharged without any order as to costs. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 724. ......versity being weighty and reliable documentary evidence. So from this fact both the Courts believed that plaintiff opposite party came to this country as minor and the defendant petitioner became the lawful trustee in respect of acquiring property. 13. When the members of a Mohammedan family live..Category: Property Law | Date: | Hits: 74
AW Malik Vs. Commissioner of Taxes, Dhaka (South) Zone, Dhaka, 1992, 21 CLC (HCD)
....we answer the question Nos. 2 and 3 in the affirmative and against the assessee. The parties are directed to bear their own costs. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 697. ......ions said two have arisen out of the order of the Appellate Tribunal for our decision; “1. Whether on the facts and in the circumstances of the case the Taxes Appellate Tribunal was justified in law in holding, on the basis of applicant's erroneous return for the assessment year 1972‑73 and h..Category: Fiscal/Taxation Law | Date: | Hits: 110
Tozammel Hossain Vs. Fatema Khatun and others, 1991, 20 CLC (HCD)
....as added party under Order 1 rule 10(2) CPC. In view of the aforesaid discussion, the Rule is made absolute. No order as to costs. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 697. ......ordinate Judge leading to filing Second Appeal No.68 of 1969 in the High Court of Dhaka. The learned Judge allowed the Second Appeal and remitted the suit to the trial Court for disposal according to law. 3. The opposite‑party No.1 before me instituted Title Suit No.131 of 1982 in the Court of ..Category: Property Law | Date: | Hits: 49
Siraj Mal and others Vs. State, 1992, 21 CLC (HCD)
.... earlier granted by this Court be discharged from his bail bond. Let the LC Records be sent down to the Court below expeditiously. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 688. ......ore entering into the discussion on the submissions of learned Advocates for the parties in the light of the evidence on record, we deem it fit and pertinent to quote below the relevant provisions of law namely sections 4(b) and 4(c) and also section 9 of the Cruelty to Women (Deterrent Punishment) ..Category: Criminal Law | Date: | Hits: 69
Wadiuzzaman Vs. Chairman, BIWTA and others, 1992, 21 CLC (HCD)
....uthority. In the light of our observation and discussion made above, all three Rules are discharged without any order as to costs. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 679. ...... order dated 7.12.86 (Annexure D) and the subsequent order dated 10.1.88 (Annexure H) issued by Secretary, Bangladesh Inland Water Transport Authority should not be declared to have been made without lawful authority and are of no legal effect. 2. In Writ Petition No.110 of 1998 Rule Nisi was iss..Category: Employment/Service Law | Date: | Hits: 116
Mobarak Ali (Md.) alias Mobarak Ali Mondal Vs. Bangladesh, 1997, 26 CLC (HCD)
....of Raisuddin Mondal of Village Bhadaikandi, PS and District Bogra be released at once if not wanted in connection with any other case. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 10. ......etitioner under sections 304, Part 1/34 of the Penal Code read with section 26 of the Special Powers Act, 1974 in Special Tribunal Case No. 38 of 1976 should not be declared to have been made without lawful authority and to be of no legal effect. 2. The petitioner’s case is that on 9-2-1975 one..Category: Criminal Law | Date: | Hits: 79
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