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Khan and Company Ltd. Vs. Presiding Judge of the District Court and others, 2000, 29 CLC (HCD)
.... were on 1-11-98 strictly in accordance with the provision of Order XXXVII CPC as quickly as possible. Send down the LC records at once. Ed. This Case is also Reported in: 54 DLR (2002) 121. ...... 4 as quoted above did not contain any triable issue. Leave to defend should be granted if there is an arguable defence and a case is put forward which a court will have to enquire into and come to a decision. But if the alleged defence is illusory, sham or bogus one, then leave to defend should be ..Category: Civil Law | Date: | Hits: 64
Mokbul Hossain Vs. Government of Bangladesh & ors., 2002, 31 CLC (HCD)
....illegally and as such we find no substance in the Rule and the same liable to be discharged. In the result, the Rule is discharged. Ed. This Case is also Reported in: 54 DLR (2002) 118. ...... Rahman Vs. Bangladesh as reported in 44 DLR 317. There was a split judgment in this case and then it was referred to the third Judge and the third Judge Anwarul Haque Chowdhury, J concurred with the decision of Kazi Shafiuddin, J. By the majority decision, the Rule was discharged. The relevant obse..Category: Criminal Law | Date: | Hits: 34
Mokim alias Md. Mokim Vs. State, 2002, 31 CLC (HCD)
..... Let the appellant be set at liberty forthwith if not wanted in connection with any other case. Send down the case record expeditiously. Ed. This Case is also Reported in: 55 DLR (2003) 81. ......ithout jurisdiction but the trial is vitiated due to joinder of scheduled offence with non‑scheduled offences and, as such, the whole trial has been vitiated. In this connection he referred to some decisions which we will discuss later on. 10. The next submission of the learned Advocate for the..Category: Criminal Law | Date: | Hits: 38
Ambia Khatun Vs. Bangladesh and others, 2009, 38 CLC (AD)
....ce in the submissions of the learned Counsel for the appellant. Accordingly, the appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: 15 BLC (AD) (2010) 200. ...... of 'jurisdictional fact' regarding non-issuance of statutory notice prior to enlistment of the property as abandoned property was of no substance. 9. Mr. MI Farooqui, learned Counsel, has cited a decision in support of the above contention in the case of Baldwin and Francis Ltd Vs. Parents App..Category: Property Law | Date: | Hits: 30
Badarnessa and others Vs. Mafuza Khatun and others, 2009, 38 CLC (AD)
....ce in the submissions of the learned Counsel for the appellant. Accordingly, the appeals are dismissed without any order as to costs. Ed. This Case is also Reported in: 15 BLC (AD) (2010) 195.......nd the learned Judge of the High Court Division not having reversed those findings and not adverting to the reasonings given by the lower appellate Court, committed an error of law in reversing the decision of lower appellate Court in its revisional jurisdiction; that the lower appellate Court hav..Category: Property Law | Date: | Hits: 29
Azizur Rahman Vs. Mariamunnessa and others, 2001, 30 CLC (HCD)
.... directed to dispose of the suit within one year from the date of receipt of this judgment and order. Send down the lower court records. Ed. This Case is also Reported in: 54 DLR (2002) 108. ......er V rule 17 CPC and committed error of law in accepting the service of summons and notice which has occasioned failure of justice. 11. Mr. Farooque, to support his contention, has referred to the decision in the case of Upendra Chandra Rishi and others Vs. Sufia Begum and others reported in 42 D..Category: Property Law | Date: | Hits: 44
Matasim Ali Chowdhury Vs. Md. Ismail, 2001, 30 CLC (HCD)
....ule stands discharged. Order of stay recorded by this Court at the time of issuance of Rule dated 5-11-2000 stands vacated. No costs. Ed. This Case is also Reported in: 54 DLR (2002) 104. ......nd material issue involved in the suit for a decree of recovery of khas possession on declaration of plaintiff-petitioners title over property described in schedule to plaint, And (ii) whether the decision under challenge in Revision and discretion exercised by Senior Assistant Judge in rejecting..Category: Administrative Law | Date: | Hits: 236
Bhashani Mondal Vs. Md. Abdus Sukur and others, 2010, 39 CLC (AD)
....In view of our discussions made above the appeal is allowed without any order as to cost. Ed. This Case is also Reported in: 18 BLT (AD) (2010) 497; 8 LG (AD) (2011) 25; 64 DLR (AD) (2012) 84. ......lation of the sale deed dated 14.05.1969, exhibit No. 4. 16. He further submits that the High Court Division found that the finding of the Court of appeal below on the title and possession and the decision in the appeal was arrived at on misreading and non-consideration of the evidence on record ..Category: Property Law | Date: | Hits: 39
Aminul Huq & others Vs. State and another, 1987, 16 CLC (HCD)
....hing to interfere with the impugned order. The Rule is, therefore, discharged. The stay order issued earlier on 28.11.85 is hereby vacated. Ed. This Case is also Reported in: 40 DLR (1988) 144. .......M. committed wrong and illegality in calculating the period of time as section 339C provided that such cases should be disposed of within 60 working days. The learned Advocate placed before us the decision reported in 38 DLR 415 (Nayan @ Fazlul Huq-versus-The State) where it has been held that wo..Category: Criminal Law | Date: | Hits: 26
Ekramaul Hoq, alias Tuku and Ors. Vs. State, 1987, 16 CLC (HCD)
....n verbal information from lawyers. Send a copy of the judgment to the court below at an early date. D.M. Ansaruddin Ahmed J. - I agree. Ed This Case is also Reported in: 40 DLR (1988) 139.......n the code. This matter is not above controversy as it appears that different views had been taken by the different Benches of our court in interpreting the expression "working days' in a number of decisions. 12. This time limitation in concluding a criminal trial is something totally new. it..Category: Criminal Law | Date: | Hits: 30
....mpugned resolution is quashed and the impugned order is set aside. These will be no order as to costs.
Sultan Hossain Khan J.- I agree.
Ed.
This Case is also Reported in: 40 DLR (1988) 136....... On a reading of the resolution it is found that it has been clearly stated in the resolution in the language which on English rendering will be as follows :-
"This meeting unanimously records its decision that in the interest of the development works of this Upazila and for proper execution of t..
Category: Administrative Law | Date: | Hits: 185
Md. Shahjahan Ali Vs. The Chairman, Labour Court, Rajshahi, 1987, 16 CLC (HCD)
.... For all these reasons we do not find any substance in this rule. The rule is, accordingly, discharged without any order as to costs. Ed. This Case is also Reported in: 40 DLR (1988) 132. ......espondent Nos. 1-3. Writ Petition No. 16 of 1986. Judgment Bimalendu Bikash Roy Chowdhury J.- This rule arising out of a petition under Article 102 of the Constitution is directed against a decision dated 7.1.86 of the Chairman of the Labour Court, Rajshahi in Complaint Case No. 58 of 1985..Category: Labour and Industrial Law | Date: | Hits: 124
Nurul Islam & others Vs. State, 1986, 15 CLC (HCD)
....m. It is directed that they should be set at liberty forthwith, if not wanted in any other connection. Sultan Hossain Khan J. - I agree. Ed. This Case is also Reported in: 40 DLR (1988) 122. ......eration that pan of his evidence which gets support from other evidence and attending facts and circumstances of the case. In support of this view of ours reliance may be placed upon a Division Bench decision in the case of Nazrul Islam vs. State reported in 27 DLR 671. In delivering the judgment of..Category: Criminal Law | Date: | Hits: 27
Md. Makbul Hossain & others Vs. Sree Shibu Pada Dam, 1987, 16 CLC (HCD)
....ge has rightly rejected their application. The rule is, therefore, discharged without any order as cost. Mustafa Kamal J. - I agree. Ed. This Case is also Reported in: 40 DLR (1988) 120. ......emati Charubala Shen Gupta vs. Abul Hashem and others reported in 33 DLR (AD) 254, the Appellate Division of the Supreme Court of Bangladesh has held the same view. The relevant portion of the said decision reads as follows:- “The interest in the estate of the testator within the words of sec..Category: Property Law | Date: | Hits: 54
M.A. Hai and others Vs. Trading Corporation of Bangladesh, 1987, 16 CLC (HCD)
.... cases. In the result, all the Rules are discharged but without any order as to costs. Mohammad Ismail Uddin Sarker J.- I agree. Ed. This Case is also Reported in: 40 DLR (1988) 109. ......rtunity need be given to cross-examine the witnesses, because the principles of natural justice do not embrace those rights. 16. The petitioner M.A. Hai appealed and in reversing the aforesaid decision of the High Court Division, the Appellate Division held in the said reported decision in ..Category: Employment/Service Law | Date: | Hits: 80
Begum Khaleda Zia Vs. Government of Bangladesh and others, 2010, 39 CLC (HCD)
....his day to the petitioner to vacate the house in question. Sheikh Hassan Arif J.- I agree. Ed. This Case is also Reported in: 30 BLD (HCD) (2010) 597, 63 DLR (2011) 385, 8LG (2011) HCD 189. ......tatutory rules and stating also that after the death of petitioner’s husband President Ziaur Rahman the government, in a meeting of council of ministers headed by President held on 12.06.1981, took decision to give huge financial and other benefits including a house with all modern amenities in Gu..Category: Property Law | Date: | Hits: 88
State Vs. Shahin and others, 2009, 38 CLC (AD)
....cision and there is no illegality or infirmity in the above decision so as to call for any interference. The petition is dismissed. Ed. This Case is also Reported in: 18 BLT (AD) (2010) 465. ......sain, reported in 26 DLR 419 justice is blind and in the domain of justice, feelings, emotion and sentiment have no part to play and accordingly emotion and sentiment must not sway their findings and decision and it is desirable that a judge should avoid expressing their filling, emotion and sentime..Category: Criminal Law | Date: | Hits: 33
Canada Shipping and Trading SA Vs. TT Katikaayu and another, 2001, 30 CLC (HCD)
....ion Clause No. 11 of the Memorandum of Agreement dated 25th May, 2001 relating to sale of the vessel TT Katikaayu till disposal of the suit. Ed. This Case is also Reported in: 54 DLR (2002) 93. ....... If the court stays the proceeding of this suit at his stage and allows the arbitration proceeding to continue, the arbitral award given by the Arbitrator in London might come into conflict with the decision of this Court resulting in more complications. 11. Therefore, in exercise of inherent ju..Category: Admiralty Law or Maritime Law | Date: | Hits: 184
Belal alias Bellal and 2 others Vs. State, 2001, 30 CLC (HCD)
...., District-Dinajpur be set at liberty forthwith if not wanted in any other connection. Send down the lower Courts records expeditiously. Ed. This Case is also Reported in: 54 DLR (2002) 80. ......der section 395 of the Penal Code which the prosecution failed to prove and, as such, the impugned judgment is liable to be set aside. In support of his submission Mr. Enayetur Rahim has referred the decision in the case between Babul alias Abdul Majid Khan and ors Vs. State, reported in 42 DLR (AD)..Category: Criminal Law | Date: | Hits: 83
State Vs. Rafiqul Islam alias Gadan, 2002, 31 CLC (HCD)
....y of this judgment be forwarded to the court of Additional Sessions judge, Court No‑1, Pabna for necessary action in accordance with law. Ed. This Case is also Reported in: 55 DLR (2003) 61. ......t be held to be untrue or not voluntary. It is true that there is no corroboration on this confession by any other evidence other than the confessional statements of the co-accused but in view of the decision in the case of State Vs. Fazu Kazi alias Kazi Fazlur Rahman and others reported in 29 DLR (..Category: Criminal Law | Date: | Hits: 38
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