Search Options
Judgment Advanced Search
Santi Bhusan Deb Vs. Principal Officer, Samabaya Bank Ltd., 2001, 30 CLC (HCD)
....e affirmed. The order of stay granted by this Court stands vacated. In the result, the Rule is discharged without any order as to costs. Ed. This Case is also Reported in: 54 DLR (2002) 224. ......ode of receipt of rental in lump by the opposite parties appellant-bank in defiance of the terms of the agreement, the learned Subordinate Judge committed an error of law resulting in an error in the decision occasioning failure of justice. He further submits that the learned Subordinate Judge commi..Category: Property Law | Date: | Hits: 34
Sukurjan Bibi Vs. Chairman, Court of Settlement, Dhaka, 2001, 30 CLC (HCD)
.... accordance with law after giving reasonable opportunity to the parties of being heard and also adducing evidence both oral and documentary. Ed. This Case is also Reported in: 54 DLR (2002)215. ......hall, after such inquiry as it may deem necessary and after giving reasonable opportunity to the parties concerned of being heard and also adduce evidence, both oral or documentary, if any, make such decision on the prayer of the applicant as he deems fit. He further submits that under sub-section (..Category: Property Law | Date: | Hits: 37
Kashem Vs. State, 2001, 30 CLC (HCD)
....the learned Special Tribunal, Kishoregonj in Special Tribunal Case No. 63 of 1995 is affirmed. Send down the lower Court records at once. Ed. This Case is also Reported in: 54 DLR (2002)212. ......re list, the evidence of the witnesses examined by the prosecution as well as the impugned judgment. 12. To correctly appreciate the contentions of the contending parties and to arrive at a proper decision in the case it is necessary for us to scrutinise the material evidence on record. 13. PW..Category: Criminal Law | Date: | Hits: 37
Jiban Bima Corporation represented by its MD Vs. Md. Mohibul Majid and another, 1999, 28 CLC (HCD)
.... within 3 months from the date of receipt of the order. Communicate the order to the leaned Assistant Judge, 4th Court, Dhaka at once. Ed. This Case is also Reported in: 52 DLR (HCD) (2000) 186. ......eady filed an independent suit for recovery of khas possession in the suit property, the question of wilful disobedience or violation does not arise and the same has resulted in error in the impugned decision occasioning failure of justice. The learned Advocate further submits that since there is no..Category: Procedural Law | Date: | Hits: 79
State Vs. Moslem, 2002, 31 CLC (HCD)
....y. Sentence other than death will be against the mandate of Legislature and also will be not only grave injustice to the victim of crime but, also, will encourage a criminal. We cannot go against the legislative mandate and award lesser sentence. The last contention is, also, not accepted and it fai...... Mr. Md. Helal Uddin Mollah, learned Deputy Attorney-General with Mr. Firoz Shah learned Assistant Attorney-General Mohammed Abdul Baset, learned Attorney-General representing the State supported the decisions rendered by Bishesh Adalat awarding conviction and sentence upon condemned prisoner and co..Category: Criminal Law | Date: | Hits: 82
Sree Sree Goranga Bishnu Priya and others Vs. Afzal Khan and others, 1999, 28 CLC (HCD)
....de. The application of the plaintiff-opposite party No.1 for staying the proceeding of SCC Execution Case No.1 of 1997 stands rejected. Ed. This Case is also Reported in: 52 DLR (HCD) (2000) 172.......site Parties. Civil Revision No. 439 of 1998. Judgment AK Badrul Huq J.- By this application under section 115 of the Code of Civil Procedure, the petitioners challenge the correctness of a decision recorded by the learned Subordinate Judge in refusing to vacate an order staying a Small Ca..Category: Civil Law | Date: | Hits: 66
Category: Fiscal/Taxation Law | Date: | Hits: 65
Category: Employment/Service Law | Date: | Hits: 76
Abu Ashed Bhuiyan and Others Vs. Abu Taher Bhuiyan & others, 2000, 29 CLC (HCD)
....ourt to interfere with the judgment and decree complained of. In the result, the Rule is discharged. There shall be no order as to cost. Ed. This Case is also Reported in: 54 DLR (2002) 209. ......lief. Provided that no Court shall make any such declaration where the plaintiff, being able to seek further relief than a mere declaration of title, omits to do so.” 7. Mr Bhuiyan referred to a decision in the case of Munsur Ali Mallik Vs. Md Nurul Hoque Mallik and others reported in BCR 1986 ..Category: Property Law | Date: | Hits: 23
Commissioner of Taxes Vs. Bangladesh Chemical Industries Corporation, 2000, 29 CLC (HCD)
....oration in Reference Application Nos. 27/92, 28/92, 29/92, 30/92, 31/92, 32/92, 34/92, 35/92 and 36/92. There will be no order as to cost. Ed. This Case is also Reported in: 54 DLR (2002) 202.......ate for the petitioner did not press that. 7. In the other set of reference applications, i.e. in Reference Application Nos. 222-223 of 1991 the following common questions have been framed for our decision: (1) Whether on the facts and in the circumstances of the case the Taxes Appellate Tribu..Category: Fiscal/Taxation Law | Date: | Hits: 94
Muslim (Md) Vs. Abdul Motaleb and others, 2001, 30 CLC (HCD)
....ored. The order of status quo in respect of the possession granted earlier by this Court is vacated. Send down the lower Court records. Ed. This Case is also Reported in: 54 DLR (2002) 196....... the appellate Court committed error of law in reversing the judgment and decree of the trial Court without having regard to the frame of the suit and the evidences on record which is an error in the decision occasioning failure of justice. 9. Learned Advocate further submits that the appellate C..Category: Property Law | Date: | Hits: 33
Abdul Hye and others Vs. Serajul Hoque and others, 2009, 38 CLC (AD)
....ls for no interference. There is no merit in the application. The petition is accordingly dismissed without any order as to costs. Ed. This Case is also Reported in: 15 MLR (AD) (2010) 435. ......s. The learned Advocate however could not point out specifically any of the alleged illegalities of the Advocate Commissioner in making the allotments. In the premises, we are of the view that the decision of the High Court Division calls for no interference. There is no merit in the application...Category: Property Law | Date: | Hits: 31
Mahmudul Huq Vs. Mostafa Kamal and others, 2010, 39 CLC (AD)
....ter public interest must prevail upon individual interests. We find no substance in this review petition which is accordingly dismissed. Ed. This Case is also Reported in: 15 MLR (AD) (2010) 431.......idder for the said plot. It is stated that in view of clauses 2.2 and 2.3 of the tender notice the earnest money of the unsuccessful bidder was required to be refunded within one month of the date of decision on the tender. But the earnest money of the highest 3(three) bidders was not liable to be r..Category: Others | Date: | Hits: 81
Arun Bhowmick & others Vs. Salim Reza & others, 1987, 16 CLC (HCD)
....rder dated 13.9.84 passed by the learned Munsif is hereby restored. The Rule is accordingly made absolute without any order as to costs. Ed. This Case is also Reported in: 40 DLR (1988) 199. ......arned Advocate submits that both the Courts below illegally disbelieved the medical certificate produced by the plaintiff on 13.9.84 in support of his illness. He argued that they arrived at this decision by misreading or non-reading of the medical certificate which is an error of law. 7. M..Category: Procedural Law | Date: | Hits: 95
Category: Banking Law | Date: | Hits: 151
Ratan Kha @ Rattan & Others Vs. State, 1988, 17 CLC (HCD)
....de is affirmed, but they are acquitted of the charge under section 397 of the Penal Code. Send down the records immediately. Ed. This Case is also Reported in: 40 DLR (1988) 186. ...... established the identity of appellant nos. 2-6, although P.Ws. 1-3 failed to identify them in the dock, he further submits. 25. We are in respectful agreement with the ratio decidendi of the decision reported in AIR 1925 (AH) 223. It is well settled that the evidence that a witness gives in..Category: Criminal Law | Date: | Hits: 49
Ezahar Sepai Vs. The State, 1987, 16 CLC (HCD)
....e result, the appeal is dismissed. The appellant is directed to surrender to the bail bond to serve out the remainder of the sentence. Ed. This Case is also Reported in: 40 DLR (1988) 177. ......e unreasonable. Under section 509A of the Code of Criminal Procedure a post-mortem report cannot be used as substantive evidence unless any of the above conditions is present. I find support from a decision in the case of State vs. Mokbul Hossain, 37 DLR 156. Bui unfortunately nothing is on reco..Category: Criminal Law | Date: | Hits: 93
Asgar Ali & others Vs. Additional Deputy Commissioner, Khulna & others, 1987, 16 CLC (HCD)
....ter cannot be taken by the petitioner before the Settlement Court which court has been established for examining these matters only. 20. This establishment of a Settlement Court also shows the legislative intention to the effect that it is no more immune from being challenged before a Court. ......ted that it has always been the law that even if there is a bar in law in hearing a matter the court would have power always to examine the question of jurisdiction. He has further submitted that the decision in Halima Khatun's case has been subsequently explained and enumerated by the Appellate D..Category: Property Law | Date: | Hits: 36
Government of Bangladesh and others Vs. Md. Shahinoor Bari and others, 2010, 39 CLC (AD)
....no substance in the submissions of the learned Deputy Attorney General for the petitioners. Accordingly, the petitions are dismissed. Ed. This Case is also Reported in: 15 MLR (AD) (2010) 424. ......rred in law in making the Rule absolute. The learned Deputy Attorney General further submitted that out of total post of 160 only 118 posts having been absorbed in the revenue budget according to the decision of the Government, the writ petitioners having no enforceable legal right, the writ petitio..Category: Employment/Service Law | Date: | Hits: 86
Category: Procedural Law | Date: | Hits: 68