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Shafiqul Islam (Md.) Vs. State, 1998, 27 CLC (HCD)
....ned Court acted illegally in holding that the victim was a minor at the time of occurrence and in relying on the evidence of D.W.1 as well as circumstantial evidence to convict the appellant giving a complete go by to the contradictory evidence of P.Ws. 3. Prosecution case is that, on 12‑6‑96......k be set at liberty if not wanted in connection with any other case. Let the affidavit filed by Noor Ali Sk. be kept with the record. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 581. ..Category: Criminal Law | Date: | Hits: 89
Iftekhar Afzal and anothers Vs. Pubali Bank Limited and others, 1998, 27 CLC (HCD)
....menable to interference by any Court or authority, the aim of the Adalat Act was to create departures from the Code of Civil Procedure. Section 7, it may be said, was meant to be an exception to this complete ouster of interference. An exception has been made in respect of a judgment and decree in s......zzaman Khan, the learned Advocate appearing on behalf of the petitioners of Civil Revision Nos.3542 and 1322 of 1995, submits that provisions of section 7 of the Artha Rin Adalat do not put a total embargo against the filing of revisional application before the High Court Division against any interl..Category: Civil Law | Date: | Hits: 171
Md. Abdul Majid and others Vs. Arjat Ali Dewan and others, 2009, 38 CLC (HCD)
....gs avoided. Therefore, amendment of pleadings can be be considered if the proposed amendment will in no way change the nature and character of the suit rather it is required for the proper and complete adjudication of the suit which is very much consistent, relevant, material and not contradi......rdance with law. Office is directed to communicate the order at once with a copy of Judgment for information and necessary action. Ed. This Case is also Reported in: 7 LG (HCD) (2010) 297. ..Category: Procedural Law | Date: | Hits: 114
Aysha Begum and others Vs. Mozibur Rahman, 2010, 39 CLC (HCD)
.... in a suit for partition. Appointment of receiver in joint property of a family or co-sharers as of routine has never met the approval of the superior Courts. Long line of decisions are there showing complete disapproval to appointment of receiver in such cases merely because of dispute over the p......cause the propertyin suit was under the management of a receiver for a long period of time it cannot be regarded as just and convenient ground for appointment of receiver..." 14. The case of Ali Akbar Vs. Sakina Begum, 56 DLR 303, relied upon by Mr. Ali does not come in aid of his contention as t..Category: Civil Law | Date: | Hits: 126
Gazi Jashimuddin Vs. Bangladesh & others, 1997, 26 CLC (HCD)
....nexures G and G1 respectively. 9. On 31-12-96 the Prime Minister’s private secretary referred the petitioner’s representation to the Secretary, Ministry of Establishment, Respondent No.2 for a complete report, whereupon the respondent No.2 by its report dated 21-1-97 expressed the opinion tha......d to refer the matter to the Ministry of Establishment (Annexure-D). By a memo date 20-7-96 the said Ministry then sought the opinion of the Public Service Commission to find out whether there is any bar to appoint the petitioner in any other cadre, other than the police cadre, to which he could not..Category: Employment/Service Law | Date: | Hits: 194
State Vs. Tutul & Fazlur Rahman @ Badal and others, 2011, 40 CLC (HCD)
.... Rony from Uttar Kazla. However, that Mominul Islam Mamun, from whom the informant first came to know about the occurrence, has not been examined in this case. Mr. Mobin further submits that there is complete departure of the essential particulars from the F.I.R. case and the name of the appellant......s and Criminal Appeals are allowed and the impugned judgment and order of conviction and sentence is set aside. Cases Referred to- Gupal Rajgor and others Vs. The State, 9 B.L.D. (1989) 358; Jaibar Ali Fakir Vs. The State, 28 BID (HCD) (2008) 627; Hazrat Ali Vs. The State, 11 BLD (AD) 270; Abd..Category: Criminal Law | Date: | Hits: 98
Soharaf Uddin alias Soharab Vs. State, 2008, 37 CLC (HCD)
....truth against the terrorist and arms holder, they have to face the dire consequence of telling the truth immediately after giving deposition. In this case also, P.W.1 and 2 have not dared to tell the complete truth still they have admitted their respective signature in the seizure list which indir......sation made and case where there is legal evidence which on its appreciation may or may not support the accusation in question. In exercising its inherent jurisdiction High Court Division would not embark upon an enquiry as to whether the evidence is reliable or not. That is the function of the tria..Category: Criminal Law | Date: | Hits: 99
Md. Aktar Hossain and others Vs. Capital Tower (Pvt.) Ltd. and others, 2008, 37 CLC (HCD)
....oners submit that these revised audit reports for the accounting years ending on 30.6.2003, 30.6.2004 and 30.6.2005 (Annexures-'8'7 '8-1' and '8-2' respectively of the Affidavit-in-Opposition) are at complete variance with the Audit Reports for those years, and as above referred, filed with the Resp...... the facts and circumstances of this case speaks of an overweening desire for power and control as stems from a preponderance of their voting powers. Whilethe machinations of the Respondents in embarking on the exercise of revising the Audit Reports for three years in a row, as have indeed resul..Category: Company Law | Date: | Hits: 177
Jahangir Alam Vs. State, 2004, 33 CLC (HCD)
.... that insofar as the facts stated in my report are within my own knowledge I have made clear which they are and I believe them to be true, and that the opinions I have expressed represent my true and complete professional opinion." P.W.13 is the Investigation Officer who stated that he has invest...... Shamim Spinning Mill in the post of a Mechanic since lone. On 8.8.2002 at about 10 P.M. while his said brother was returning home from duty and reached approximately within 50 yards south to the Konabari Jail road, on a brick made road, the accused (1) Jahangir (2) Ibrahim (3)Shahadat and (4) Azam ..Category: Criminal Law | Date: | Hits: 103
Abdus Salam Vs. Korban Ali and another, 1992, 21 CLC (HCD)
....of the defendant No.1 challenging the status of the plaintiff as Nika Registrar and at that stage, the learned Advocate for the plaintiff‑petitioner thought it wise and necessary for the proper and complete adjudication of the suit and in the interest of justice, to file an application on 14‑12......ent to the Court below immediately and on receipt of the same the lower Court is accordingly directed to inform the parties concerned. Ed. This Case is also Reported in:48 DLR (HCD) (1996) 372. ..Category: Civil Law | Date: | Hits: 112
Abdul Hamid Shaikh Vs. Sree Sree Ram Krishna Dev & others, 1993, 22 CLC (HCD)
....riting. It can be established by cogent and satisfactory evidence of conduct of the parties and user of the property which show the extinction of the private secular character of the property and its complete dedication to charity (Ref. 11 DLR 377). In such circumstances the learned Munsif should no......while disposing of an application for temporary injunction. In this connection he has referred to Order 14 rule 2 and Order 15 rule 3 of the Code of Civil Procedure. He has submitted that there is no bar in disposing of a suit on an issue of law only without deciding the other issues of facts. ..Category: Property Law | Date: | Hits: 113
Channu Mia alias Yusufuzzaman & others Vs. State, 1983, 12 CLC (HCD)
....ys" the words "three hundred and sixty day" were substituted. 3. Ordinance No. XXIV of 1982 and the amending Ordinance No. LX of 1982 did not provide what would happen if any trial Court could not complete the trial of a case within a period of 180 days or 360 days. In our opinion the provisions ......of this order be communicated immediately to the learned Sessions Judge, Dhaka as well as to the Chief Metropolitan Magistrate, Dhaka. Ed. This Case is also Reported in:35 DLR (HCD) (1983) 275. ..Category: Procedural Law | Date: | Hits: 123
....as recourse to relief against the Defendant Nos. 1 and 2; and
c. the Defendant Nos. 1 and 2 are necessary and proper parities to the suit and as such their presence is required for effectual and complete adjudication of the real controversy involved in the suit.
4. In enunciating the law in ......2007 all the defendants in general and the Defendant Nos. 1 and 2 in particular submit their Written Statements positively by 4.1.2009.
Ed.
This Case is also Reported in: 7 LG (HCD) (2010) 59.
..
Category: Admiralty Law or Maritime Law | Date: | Hits: 512
....ce of Williamsburg University. The certificates awarded have got no validity. It is further stated that the Ministry of Education in their report has confirmed that Chancery Academy of English Law is completely a fake Organization.
12. Mr. Manzil Murshid, the learned Advocate for the Petitioner ......f tuition by such institutions. From that point of view we find no reason why the Rule cannot be maintainable. Secondly even if a Criminal Case is filed by the petitioner for cheating etc., we see no bar in maintaining this Writ Petition for judicial review for the administration’s alleged inactio..
Category: Others | Date: | Hits: 146
Shawkat Ali Chowdhury Vs. G. Murshed Reza and others, 2009, 38 CLC (HCD)
.... deed. It has further been stated that, plaintiff on several times requested the vendor/defendant No.1 to take initiative for obtaining sale permission from RAJUK, redeemed the mortgage and also to complete the sale deed. It has further been stated that defendant No.1 did not take initiative to ......s and Highways Department Vs. Concord Engineers and Construction Ltd., 48 DLR, 243; Mst. Sardar Begum Vs. Mst. Sherin Taja, 23 DLR (Pesh.) 18; Kazi Md. Shahajan and another Vs. Md. Khalilur Rahman Madbar and others, 7 MLR (AD) 135; Sree Meenakshi Mills Ltd. Vs. Commissioner of Income-Tax, Madras, AI..Category: Civil Law | Date: | Hits: 200
....n the inquiry proceeding to support his case, purportedly acting under the undue influence of the respondent No.2 and 3, submitted a biased and motivated report on 20-5-1996 against the petitioner in complete disregard to justice and fair play. Thereafter, by a notice dated 26-5-1996, respondent Nos......the same footing, were lightly punished only with Censure' and still they have been serving under the respondent No.1 Mr. Saha further submits that under Rule 10(8) of the aforesaid Rule there is embargo that the Enquiry Officer shall not recommend for any sort of punishment and it will only inq..
Category: Employment/Service Law | Date: | Hits: 205
Mohammad Ali Miah and others Vs. Md. Sekander Ali Haowlader, 2007, 36 CLC (HCD)
....e agreement dated 19.12.1990 upon paying the balance amount of Taka 12,28,000/- before execution and registration of the sale deed within 15 days or within a limited period and the trial Court upon a completely erroneous premises wrongly decreed the suit. 17. Mr. Chowdhury the learned Advocate fo......tiff filed the suit. 6. The defendant Nos.1 to 4 filed a written statement denying the material allegation of the plaint. 7. The cases of the defendant Nos.2 to 4, in short, is that the suit is barred by limitation; that the suit is also barred by acquisance, waiver and estoppels and that the ..Category: Civil Law | Date: | Hits: 102
Dulal Howlader & others Vs. State, 1995, 24 CLC (HCD)
....so the delivery of possession of goods to the offender. The actual delivery of possession of property by the person put in fear is the essence of the offence of, extortion and the offence will not be complete before such delivery. 17. With regard to the actual incident there are two eye‑witness....... However, the accused may be prosecuted, if the prosecution so desires, under the normal law of the country. Send down the record. Ed. This Case is also Reported in:48 DLR (HCD) (1996) 269. ..Category: Criminal Law | Date: | Hits: 132
Bangladesh Power Development Board Vs. Sonali Bank and others, 1982, 11 CLC (HCD)
.... upon its special facts and must be determined upon its own circumstances. There can be no hard and fast rule in determining a simple question of fact as this.” We find ourself, with respects, in complete agreement with this observation. In the present case the petitioner has examined the Ad......missed the Misc. Case. The appeal is, therefore, dismissed without any order as to costs. Amirul Islam Chowdhury J.- I agree. Ed. This Case is also Reported in:35 DLR (HCD) (1983) 157. ..Category: Procedural Law | Date: | Hits: 143
Sreemati Hari Rani Basak and others Vs. Government of Bangladesh and others, 2007, 36 CLC (HCD)
....le. 38. In Naigar Timapa Vs. Bhaskar Parmaya and another (Supra) it has been held: Under section 316 of the Civil Procedure Code (Act X of 1877) the title of a purchaser at a Court sale becomes complete upon his payment of the purchase-money and confirmation of the sale by the Court. When the ...... Adyaita Chandra Adhikary, 33 DLR HCD 314; Anil Kumar Dutta Chowdhury Vs. Province of East Pakistan and others, 23 DLR HCD 108; Pronoy Bhusan Bardhan and others Vs. The Sub-Divisional Officer, Brahmanbaria and another, 30 DLR SC 139; Mamtazuddin Ahmed Chowdhury Vs. Deputy Commissioner & Assistan..Category: Procedural Law | Date: | Hits: 108
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