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Repco Laboratories Ltd. Vs. Nuruddin Ahmed and others, 1989, 18 CLC (HCD)
....ocedure there is no scope for me for interference with his order. Accordingly, the Rule is discharged but without any order as to costs. Ed. This Case is also Reported in: 43 DLR (1991) 123. ......as not entitled to get any order of injunction. 6. The learned Subordinate Judge by order dated 13.7.86 refused to pass any order of temporary injunction but he passed the following order- "in view of the verbal undertaking of the learned Advocate on behalf of the plaintiffs that they would n..Category: Procedural Law | Date: | Hits: 84
Durgarani Sarkar Vs. United Bank of India Ltd. and others, 1989, 18 CLC (HCD)
.... at the Bank's rate althrough till repayment of the same. In the facts and circumstances of the case there will be no order as to costs. Ed. This Case is also Reported in: 43 DLR (1991) 121. ......plaintiff also expressed her desire at that time to purchase 0.01 ‑ 1/2 decimal of land covered by the residence of the said Headmaster where she had been residing along with her husband and with a view to showing her desire to purchase such land, in case the same would be sold by the bank, she, o..Category: Property Law | Date: | Hits: 70
Wahida Rashid (Most) and another Vs. Miron Muhammad Zahidul Hoque, 1990, 19 CLC (HCD)
....d by a Court other than the Small Cause Court." Thus the principle laid down in the above quoted decisions is that the suit falling within the exclusive jurisdiction of the Small Cause Court Judge erroneously tried by a Court other than the SCC Judge, suffers from no legal infirmity and hence the......the same manner one is not precluded from taking the point of jurisdiction at a higher stage even if it is found to have been not taken at the initial stage in the Trial Court. Therefore, I am of the view the learned Advocate for the petitioners cannot be stopped from raising the point of jurisdicti..Category: Property Law | Date: | Hits: 66
Sheikh Mohd. Salimullah Vs. Shafiqul Alam, 1990, 19 CLC (HCD)
....as such there is no question of granting stay pending disposal of the revisional application. The prayer for stay is therefore rejected. Ed. This Case is also Reported in: 43 DLR (1991) 113. ......ll have no binding effect on the SCC Judge while deciding the suits on merit. That after consideration of the materials on record and after hearing the learned Advocates of both the sides I am of the view that the petitioner ought to have first moved the Trial Court for stay of further proceeding. A..Category: Property Law | Date: | Hits: 66
Fariduddin Mahmud Vs. Md. Saidur Rahman and others, 2010, 39 CLC (AD)
....xcess of jurisdiction or acted contrary to the fundamental principles or acted malice in law, interference is called for. In the absence of the above grounds, the Court will not interfere however erroneous or improper it may be. 21. There is another aspect which escapes the notice of the High......The judgment of the High Court Division is set aside. Ed. This Case is also Reported in: 63 DLR (AD) (2011) 93, 31 BLD (AD) (2011) 78, 8 LG (AD) (2011) 145, 16 MLR (AD)(2011) 205. ..Category: Civil Law | Date: | Hits: 113
Hasina Mawla Vs. Bangladesh Parjatan Corporation and another, 1992, 21 CLC (HCD)
.... The impugned order (Annexure‑A) is hereby declared to have been passed without any lawful authority and to be of no legal effect. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 112.......t been established on the materials on record. Soon after receipt of gratuity benefit in the circumstances narrated by her she filed the representation against hot alleged illegal retirement. In such view of the matter mere acceptance of the gratuity money cannot, in our view, give rise to the infer..Category: Employment/Service Law | Date: | Hits: 88
Chowdhury Miah Vs. Dhanindra Kumar Shil and others, 1992, 21 CLC (HCD)
....the trial Judge is directed to hear and dispose of the suit within 28th February, 1993. Let a copy of the order be sent down at once. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 110. ......Evidence Act. In the circumstances the learned Advocate for the parties has drawn my attention to certain English and Indian decisions. Although they are not binding on me, yet being the enlightended views of the eminent jurists who are accustomed to expound and illumine the principles of jurisprude..Category: Procedural Law | Date: | Hits: 91
Bakth Bibi Vs. Bangladesh, 1992, 21 CLC (HCD)
....etitioner left Bangladesh before the war of liberation, leaving the property uncared for and her where about was unknown, the property was rightly declared as abandoned property. This finding is also erroneous. According to Article 2(1) of the President's Order No.16 of 1972 for the purpose of this ......usband Abdul Khaleque applied for the citizenship of Pakistan but his prayer was rejected holding that he was still an Afghan national. Apart from that, the petitioner is a national of Afghanistan in view of the passport issued by the Democratic Republic of Afghanistan and this fact was not denied b..Category: Property Law | Date: | Hits: 73
Shafiuddin Khan (Md) Vs. State and another, 1993, 22 CLC (HCD)
....against the accused petitioner under section 420 BPC after amending the charge in the light of the observation made in the judgment. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 102. ......ly he denied to have received the amount. The conviction was upheld by the learned Sessions Judge. Then this Court on a revision set aside the conviction and sentence of the accused petitioner on the view that the criminal intent to cheat did not exist from the very beginning and its subsequent exhi..Category: Criminal Law | Date: | Hits: 132
....ition, leaving nothing for us to interfere in mandamus.
We find no substances in this application which is thus summarily rejected.
Ed.
This Case is also Reported in: 45 DLR (HCD) (1993) 95.
......vit has been filed in this case on re‑opening on 21.10.92 to which we shall advert at the relevant portion of the judgment.
6. In the instant case we have heard the lawyers in extenso because in view of the stay order. Mr. Kamal Hossain appeared for respondent No.6 and prayed for vacating the s..
Category: Others | Date: | Hits: 128
Nurul Absar Chowdhury and others Vs. Haji Abdul Hoque Sowdagar, 1990, 19 CLC (HCD)
....rned Advocate for the petitioners. Therefore, I do not find any substance in the Rule. The Rule is discharged. But no order as to costs. Ed. This Case is also Reported in: 43 DLR (1991) 112. ......se rightly. 3. Mr. Faridul Alam Chowdhury further submits that his client produced certain document showing him as sub‑tenant but that not having been accepted the order impugned is also bad. In view of the scope of section 115(1) of the Code of Civil Procedure mere error of law is no ground to..Category: Property Law | Date: | Hits: 67
Hashem (Md.) Vs. Bangladesh and others, 1990, 19 CLC (HCD)
....s not an abandoned property. In the facts and circumstances of the case, we direct both parties to bear their respective costs although. Ed. This Case is also Reported in: 43 DLR (1991) 109. ......helter elsewhere at Dhaka but when he appeared and claimed his property his whereabouts were very much known and so there is no reason to treat the suit property as abandoned property. 17. In this view of the matter we are of the opinion that the plaintiff is entitled to the decree prayed for and..Category: Property Law | Date: | Hits: 73
Nazir Ahmed and others Vs. Md. Hazee Kalu, 1989, 18 CLC (HCD)
....entially are findings of fact based on evidence. The learned Advocate felt difficulty to argue that the finding is illegal. The High Court Division will not entertain a second appeal on the ground of erroneous finding of facts arrived at by the Court of appeal below unless it is found that in arrivi......family. From the judgments of both the Courts below it is not also found that the defendants made any prayer to buy the land transferred to the plaintiff under Exts. 1, (a) and 1(b) by Ejahar Mia. In view of the findings the contention of the learned Advocate for the appellant that the Court erred i..Category: Property Law | Date: | Hits: 66
Adamjee Sons Limited Vs. Jiban Bima Corporation, 1992, 21 CLC (HCD)
.... the case of Ziauddin has no manner of application to the facts of the case. 6. He also argued that the Court without any evidence before it illegally made the award rule of the Court merely on an erroneous view that the Arbitrator has given a comprehensive award. The answer to this contention is......te between them to arbitration without the intervention, an award could be regarded as an adjustment of the suit and could be recorded as directed by the Appellate Court. The Patna High Court after reviewing many a decision, namely, the decisions in the case of Amar Chand Vs. Anwari Lall Rakshit, 19..Category: Alternative Dispute Resolution | Date: | Hits: 174
Sarwar Kamal and others Vs. State, 1992, 21 CLC (HCD)
....ected to surrender to his bail bond and serve out the remaining sentence. Let the records be sent down to the lower court expeditiously. Ed. This Case is also Reported in: 48 DLR (1996) 61. ......akabli, 18) Sekander Fakir, 19) Siddik Ahmed, and 20) Abdul Mutaleb along with 15/20 others unknown being armed with deadly weapons like long dao, lathi, iron rod and Khonta etc. attacked them with a view to dispossessing them from the said lands; that at the order of accused appellant Sarwar Kamal,..Category: Criminal Law | Date: | Hits: 86
Zahangir Sheikh and another Vs. State, 2011, 40 CLC (HCD)
....Session Case No.41 of 1995 is hereby set aside. The appellants are released from their bail bond. Send down the lower Court records. Borhanuddin J. - I agree. This Case is also Reported in: ......ighbours calls for a presumption under section 114(g) of the Evidence Act against the prosecution to the effect that had they been examined, they might have deposed against the prosecution case. This view finds support from the case reported in 25 DLR 398.” 7. The learned Advocate further submi..Category: Criminal Law | Date: | Hits: 58
Babul and others Vs. State, 2011, 40 CLC (HCD)
....other case. Since appellant No.3 Abdur Rab Chowkider is on bail, he is released from his bail bond. Send down the lower Court records. Borhanuddin J.-I agree. This Case is also Reported in: ...... except the hypothesis of guilt of the accused.” 11. In passing the above judgment, their lordships relied on the case of Shamsuddin Sarker Vs. State reported in 11 DLR (SC) 365, wherein similar view is echoed. 12. In (1992) 12 BLD 284 another Division Bench of the High Court Division under ..Category: Criminal Law | Date: | Hits: 111
Bulu and others Vs. State, 1992, 21 CLC (HCD)
....evelled against them. It is directed that they should be set at liberty forthwith, if not wanted in connection with any other case. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 79. ......olly from Emergency Ward No.6 to OT disclosing the name of the assailants. But this portion of the deposition has not been corroborated by any other witnesses, nor this fact was stated in the FIR. In view of the above discrepancy, contradiction and improbability the learned Advocate for the appellan..Category: Criminal Law | Date: | Hits: 83
Abdul Khaleque Vs. State, 1992, 21 CLC (HCD)
....s rigorous imprisonment. The impugned judgment is modified accordingly. Let the LC records be transmitted to the court below at once. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 75....... So it is clear that the accused appellant had no intention to murder victim Rahima Khatoon. But facts remain that victim Rahima died following the assault on her. In the circumstances, we are of the view that the accused appellant is not guilty of murder under section 302 BPC but of culpable homici..Category: Criminal Law | Date: | Hits: 78
Tobarak Ali Sikder Vs. Administrator of Waqfs, 1992, 21 CLC (HCD)
....the Waqf Ordinance is without jurisdiction and has, therefore, no legal effect. The parties are to bear their own costs in this case. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 70.......of allegations. The Ordinance does not confer on the Administrator, an arbitrary power, to put an end to a mutwalliship, either by suspending or excluding or removing him on an ex parte and one sided view of the management of the estate by the mutwalli. Obviously the Administrator did not work judic..Category: Trust/Waqf Law | Date: | Hits: 157
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