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Mohammad Abdus Sabur Vs. Agrani Bank, 2011, 40 CLC (HCD)
....at the time of issuing the Rule is vacated. Let a copy of the judgment be communicated to the concerned executing Court. Nazmun Ara Sultana J.- I agree. Ed. This Case is also Reported in: ......ocedure is not necessary before issuance of warrant of arrest in an execution case under the Ain (reliance placed on 13 BLC, 391; 14 BLC, 107 and 716). In some other cases we have also taken the same view. In view of the above, the learned Judge of the executing Court has committed no illegality ..Category: Civil Law | Date: | Hits: 84
.... lawful authority and the same are of no legal effect.
In the result, both the Rules are made without however any order as to costs.
Ed.
This Case is also Reported in: 45 DLR (HCD) (1993) 292.......ther concerned authorities of the Dhaka University and demanded publication of the result of the examinees which was withheld subsequent to publication of the result. The Teachers Council were of the view that the said examination was held in a peaceful, proper and fair manner and no irregularities ..
Category: Others | Date: | Hits: 153
Buddhi Sankar Biswas Vs. Akbar Ali Sheikh, 1991, 20 CLC (HCD)
....de of Civil Procedure for rehearing of the Civil Revision Case No.1181 of 1980 is hereby rejected without any order as to costs. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 242. ......thout fresh service of notice." 6. The learned Advocate for the present opposite party submits that since the revision case was disposed of on merit, there is no scope for the Court to revise or review the order under section 151 of the Code of Civil Procedure. The learned Advocate submits that i..Category: Property Law | Date: | Hits: 90
Umme Hani Begum and others Vs. Ram Gopal Sarker and others, 2008, 37 CLC (HCD)
....le Suit No.344 of 1994 decreeing the suit is set aside. The suit stands dismissed. Send down the lower Court's record immediately. Ed. This Case is also Reported in: 62 DLR (HCD) (2010) 17. ......in the name of the defendants and that they paid rent vide Exhibit Ga and Gha series. 17. Those evidences show that the plaintiff being not in possession in the suit land filed the suit. 18. In view of the above discussions, we are constrained to hold that the foamed Joint District Judge, with..Category: Property Law | Date: | Hits: 74
Barrister Mainul Hosein Vs. Md. Ali Hossain and another, 2010, 39 CLC (HCD)
....the case in accordance with law. Send a copy of this judgment and order to the Court concerned for information and necessary action. Ed. This Case is also Reported in: 62 DLR (HCD) (2010) 38.......ew Nation Publications Ltd. This is a defence plea, which, as per well settled principle, is to be decided by evidence before the trial Court and it is not at all a ground for quashment. 11. In view of the discussion made above. we have considered the petition of complaint and found that ther..Category: Labour and Industrial Law | Date: | Hits: 147
Tofail Ahmed Vs. Chairman, Anti-Corruption Commission and others, 2010, 39 CLC (HCD)
....copy of this judgment be immediately transmitted to the respondent No.1 for information and necessary action. Ed. This Case is also Reported in: 62 DLR (HCD) (2010) 33; 15 MLR (HCD) (2010) 177. ......Bhola. 6. Mr. Rokanuddin Mahmud further submits that there is no provision for seizure of the bank account of any person as is evident from section 94 of the Code of Criminal Procedure and in this view of the matter, the impugned orders are ex-facie without lawful authority and of no legal effect..Category: Anti-Corruption Laws | Date: | Hits: 200
Mahabub Alam Faruq (Md.) and another Vs. Bangladesh, 2009, 38 CLC (HCD)
....nts are further directed to inform this Court about the compliance thereof within 45 days from the date of the receipt of this judgment. Ed. This Case is also Reported in: 62 DLR (HCD) (2010) 31.......respondent for receiving rent from them but with no response and, as such, they have moved this Count. 5. Mr. Md. Abdul Haque, the learned Advocate, appearing for the petitioner, submitted that in view of the admitted ownership of the petitioner they are entitled to pay rent and the respondents a..Category: Property Law | Date: | Hits: 69
Saroj Kumar Sarker and others Vs. Manoj Kumar Sarkar, 2007, 36 CLC (HCD)
.... Manikgonj is withdrawn and transferred 1othis Court for hearing along with the First Appeal No.15 of 1988 analogously. Communicate. Ed. This Case is also Reported in: 62 DLR (HCD) (2010) 25.......nsfer an appeal to itself suo motu though appeal lies to the District Court. High Court can under section 24 transfer from its title a suit to a District Court. 15. We receive support of the above view in the case of Ayesha Vs. Daleep A 1961 Raj 186 and in the case of Geyer Vs. GA 1949 L 34. 1..Category: Property Law | Date: | Hits: 68
Akbar Khan (Md.) Vs. Anti-Corruption Commission and others, 2010, 39 CLC (HCD)
....ngs, the Rule is made absolute without any order as to costs. Let a copy of this judgment be communicated to the Chairman of the ACC. Ed. This Case is also Reported in: 62 DLR (HCD) (2010) 20.......ity prior to issuance of the notice is purely an administrative matter which cannot be agitated before any Court. Moreover, the case of Anti-Corruption Commission Vs. Sheikh Hasina Wazed endorses the view that it is the satisfaction of the Commission which is the essential matter to be looked into. ..Category: Anti-Corruption Laws | Date: | Hits: 154
Bangladesh Road Transport Corporation Vs. Ashraf Jute Mills Ltd., 1991, 20 CLC (HCD)
....after, the Official Liquidator shall as meet up the claims of the creditors in accordance with law with the permission of this Court. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 282. ......hearing the application and affidavits this Court issued a Rule upon the BSRS and the purchaser to show cause as to why the impugned sale dated 17.1.90 should not be set aside and declared illegal in view of the fact that the sale took place during pendency of the liquidation proceeding before this ..Category: Company Law | Date: | Hits: 193
Nowazullah and another Vs. Waz Khatun & another, 1990, 19 CLC (HCD)
....rong to reverse that finding without ordering for examining the signatures by handwriting expert and by himself comparing the signatures in question and reversing the finding of the trial Court on an erroneous view of the facts and circumstances of the case and evidence on record. He further submitt......reements relinquishing her claim of reconveyance and handed over the documents to the appellant‑defendant. There are wide contradictions among the P.Ws. while giving explanations to that effect. In view of these facts and circumstances I am constrained to hold that the plaintiff No.2 relinquished ..Category: Property Law | Date: | Hits: 57
State Vs. Giasuddin and 5 others, 1990, 19 CLC (HCD)
....r Jail Code as the conviction of death sentence is altered to that of under section 304‑Part‑1 from sections 302/149 of Penal Code. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 267.......the learned Additional Sessions Judge, Kishoreganj. 3. The prosecution case in short is that on 6.1.82 Wednesday, at about 8‑00/8‑30 in the morning, P.W.11 Somed came out from his house with a view to going to the field and while he was on the District Board Road, accused Hamid, and Alfaz gav..Category: Criminal Law | Date: | Hits: 111
Tofazzal Hossain Chowdhury Vs. Mir Amanullah & others, 1992, 21 CLC (HCD)
....ordance with law. Let a copy of the judgment and order be transmitted to the Court below immediately. The order of stay stands vacated. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 263.......ecution report relate to a civil dispute and the same do not involve any criminal liability and as such the accused petitioner should not be harassed by a futile trial in a Criminal Court and in that view of the matter the proceeding of the case should be quashed for the ends of justice. It may be p..Category: Criminal Law | Date: | Hits: 88
Abul Hasnat Mohammad Mohsin Vs. Dilruba Aktar and another, 2009, 38 CLC (AD)
....suffer imprisonment for more than 15 days. Accordingly, the petition is dismissed with the modification of the sentence as above only. Ed. This Case is also Reported in: VIII ADC (2011) 314.......copy of the said notice was ever sent to the respondent No.1 so as to make the talaq effective after expiry of 90 days upon delivery of the notice upon the Chairman of the local Council and in that view of the matter the marriage still subsists. 7. The High Court Division observed that the marr..Category: Family Law | Date: | Hits: 185
....rder of Trial Court is liable to be restored and accordingly restored.
Accordingly, the appeal is allowed without any order as to costs.
Ed.
This Case is also Reported in: VIII ADC (2011) 302.......e benefits of the plaintiff. The learned Advocate finally submitted that Subordinate Judge in reversing the judgment of the Assistant Judge found possession of the plaintiff over the suit land in view of the report of Nazir who returned the writ of delivery of possession of Title Execution Case ..
Category: Property Law | Date: | Hits: 65
Md. Farid Hossain and others Vs. Md. Abul Hossain and another, 2009, 38 CLC (AD)
.... different and distinguishable which has no manner of application. Accordingly, the appeal is allowed without any order as to costs. Ed. This Case is also Reported in: VIII ADC (2011) 297. ......dant No.6 has any conflict of interest in the suit or conflicting interest therein so as to disentitle her to be admitted as plaintiff in place of deceased plaintiff. 10. In the instant case, in view of the admitted position that the right of survival on the death of sole plaintiff and the defe..Category: Property Law | Date: | Hits: 65
Salma Parveen Vs. Md. Amir Hossain and others, 2009, 38 CLC (AD)
....ed to appreciate the requirement of a remand as provided for under Order XLI rule 25 of the Code of Civil Procedure and thereupon has made contradictory observations in the judgment leading to an erroneous conclusion causing miscarriage of justice in the matter." 5. Khondaker Mahbuddin Ahme......nce for purchasing the flat was over due to dead-lock created by the plaintiff and his men. 4. Leave was granted to consider the submissions of the learned Counsel for the appellant that “in view to the specific pleading by the defendant No.1-appellant in paragraph 11 of her written stateme..Category: Property Law | Date: | Hits: 112
....tation to Clause 6 of the share purchase agreement and Clause 4 of the buy-back agreement, according to which the IPDC was under an obligation to sell the entire amount of shares to the appellant and erroneously concluded that the IPDC has the right to sell the shares at any time in the market. The ......reby denying that he has ever joined in the submission. Similarly, if one party to the alleged contract is contending that it is void ab initio, the arbitration clause cannot operate, for on this view the clause itself also is void. But in a situation whether the parties are at one in asserting ..
Category: Civil Law | Date: | Hits: 78
Shambhu Nath Saha & others Vs. State, 1989, 18 CLC (HCD)
....s therefore, discharged. The learned Additional Metropolitan Magistrate is directed to dispose of the case as expeditiously as possible. Ed. This Case is also Reported in: 43 DLR (1991) 660. ......gum Jahura Hossain. Informant Alfazuddin and his bother instituted SCC Suit No. 58 of 1979 in the 3rd Court of Subordinate Judge, Dhaka for ejectment of the petitioners from the said premises. With a view to grab the suit premises, the petitioner No. 1 in collusion with some of the employees of the ..Category: Criminal Law | Date: | Hits: 83
Kumudini Hospital Vs. Kumudini Hospital Karmachari Union & others., 1977, 6 CLC (HCD)
....4 and 625 of 1974 are made absolute and the Rule in Petition No. 306 of 1976 is hereby discharged. There will be no orders as to costs. Ed. This Case is also Reported in: 43 DLR (1991) 655. ......der challenge. 8. The essential question in all these four Writ petitions is, therefore whether those institutions, namely, Cholera Research Laboratory and Kumudini Hospital did come within the purview of labour laws, namely, Industrial Relations Ordinance or Employment of Labour (Standing Orders..Category: Labour and Industrial Law | Date: | Hits: 123
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