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Azam Reza Vs. State, 2004, 33 CLC (HCD)
....il of the petitioner is hereby rejected. However, the finding of this case will have no bearing in the trial of the case by the trial Court. Ed. This Case is also Reported in: 57 DLR (2005) 36. ......lek, the learned Advocate for the petitioner, submits that the petitioner is an innocent person and his wife deceased Joyanti Reza committed suicide, but by taking the chance of suicide his mother-in-law instituted the false case against him. He further submits that, just after finding that his wife..Category: Criminal Law | Date: | Hits: 96
....deration before Division Bench of this Court in the case of Chairman Board of Intermediate and Secondary Education, Dhaka and others reported in 46 DLR 485. After elaborate discussions of the various provisions of the Ordinance and the regulations the Division Bench held that in a case in which the ......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)
....the Artha Rin Adalat Ain, 2003; II. Whether the High Court Division and the Artha Rin Adalat committed illegality by not considering the provision of section 6(5) of the Ain which is an enabling provision providing guidelines as to how the defendants can be in the proceedings of an Artha ......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)
....e subordinate Courts have exercised a jurisdiction not vested in it by law, or have acted in exercise of it’s jurisdiction illegally which have occasioned a failure of justice or breach of some provisions of law or material defect in the decision affecting the ultimate decision, the revisional......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)
....e punishable with death, imprisonment for life, shall be punishable in the same manner as if he had abetted such offence. This section provides for punishment for criminal conspiracy where no express provision is made in the Penal Code for the punishment of such a conspiracy. Where the conspiracy ha...... 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)
....ng of the present suit is not maintainable in law. The learned Advocate also submits that the learned Subordinate Judge erred in law in passing the impugned judgment without properly appreciating the provision of Order 7 rule 11 CPC and the same has resulted in error in the impugned decision occasio......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)
....y filing an affidavit-in-opposition denied the material allegations made in the petition. He has also stated that he had to take the shelter of law as he was not given gratuity in compliance with the provision of section 19(1) of the Employment of Labour (Standing Orders) Act. The proviso to section......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)
....egal, without lawful authority and of no legal effect. 2. Learned Advocate for the petitioner after placing the petition and other materials on record submitted that Arbitrator appointed under the provisions of the Co-operative Societies Ordinance, 1984 is not a Court and, as such, has no power t......-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)
.... the decision of the Election Tribunal came up for discussion when the matter went before the Supreme Court of Pakistan reported in PLD 1963 (SC) 704 and in that case the Court after referring to the provision of Article 98 of the Constitution of the Islamic Republic of Pakistan which is similar to ...... 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)
....he Court of the learned Subordinate Judge Chandpur for disposal who after hearing both the sides was pleased to find that the learned Assistant Judge failed to correctly understand and appreciate the provisions of sections 43 and 44 of the Acquisition and Requisition of Immovable Property Ordinance ......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)
....pheld. Now before 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 (Deterren......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)
....an employee should normally obtain prior permission and sanction of leave before he absents himself from duty. Note (ii) states that if for some reasons, it is not possible for him to comply with the provisions of note (i), he should ensure that his application for leave should reach his controlling...... 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
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