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Sohel @ Sanaullah @ Sohel Sanaullah Vs. State, 2011, 40 CLC (AD)
....ed judgment and order of the High Court Division. In the result, the appeal be dismissed. Ed. This Case is also Reported in: 63 DLR (AD) (2011) 105, VIII ADC (2011) 705, 9 LG (AD) (2012) 36. ......Code against all the 4(four) accused persons. The charge was read over and explained to the accused present in the dock, namely, Sohel and Hannan who pleaded not guilty and claimed to be tried as per law. The other 2(two) accused Hanif and Mannan being absconding from the very inception of the case ..Category: Criminal Law | Date: | Hits: 84
State Vs. Keramat Ali & another, 2010, 39 CLC (AD)
....rder as to cost. The judgment of the High Court Division is set aside. Ed. This Case is also Reported in: 63 DLR (AD) (2011) 102; 16 MLR (AD) (2011) 268; 8 LG (AD) (2011) 138; 9 ADC (2012) 536.......doubt only because there is allegation of causing injuries by other accused persons but the medical evidence does not corroborate the injuries inflicted by other accused is not a sound proposition of law. The learned Sessions Judge assigned reason and discarded the evidence of P.W.s 2, 3, 4, 5 and..Category: Criminal Law | Date: | Hits: 90
....he case does not involve at this stage any substantial question of law as to the interpretation of the Constitution. The prayer is rejected.
Ed.
This Case is also Reported in: 43 DLR (1991) 131. ......uring the examination of witnesses on 16.9.89 in respect of the charge framed against the petitioner and the departmental proceedings pursuant thereto should not be declared to have been made without lawful authority and to be of no legal effect.
2. The petitioner in his petition has stated that ..
Category: Employment/Service Law | Date: | Hits: 79
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. ......ertaking given by a party, its order amounts in substance to an injunction restraining him from acting in breach thereof, and the Court has jurisdiction to deal with the breach of such an order." The law laid down in this case obviously does not help the plaintiffs. 16. In 20 DLR (HCD) 501 it has..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. ......efendant bank that there had been a contract for sale only with respect of 0.01 ‑ 1/4 acre of land out of the disputed land with the plaintiff, the learned Appellate Court had committed an error of law in making out a third case in holding That there was no contract in between the parties which co..Category: Property Law | Date: | Hits: 70
Wahida Rashid (Most) and another Vs. Miron Muhammad Zahidul Hoque, 1990, 19 CLC (HCD)
....not call for any interference by this Court at this revisional stage. In the result, the Rule is discharged without any order as to costs. Ed. This Case is also Reported in: 43 DLR (1991) 115....... of Small Cause Courts under section 15 of the Small Cause Courts Act as the suit falls within the exception specified in the 2nd schedule of the Act. There is no controversy with this proposition of law. 6. MA Rahim, the learned Advocate appearing for the defendants‑petitioners, impeached the ..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. ......al suits shall have to be decided on its own merit. The learned Advocate further submits that the only duty of the House Rent Controller is to see whether the deposit is being made in accordance with law and he cannot decide the point of default. 6. Admittedly both the suits were filed for ejectm..Category: Property Law | Date: | Hits: 66
Fariduddin Mahmud Vs. Md. Saidur Rahman and others, 2010, 39 CLC (AD)
....to cost. 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. ......led for under article 102(2) of the constitution where a party completing fraud had no other effective remedy available or where a claim for refund of excess payment of taxes without authority of law or violation of the constitution and in such cases a suit for claiming the excess payment is not..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 No.2, the General Manager (Administration) Bangladesh Parjatan Corporation, retiring the petitioner before attaining the age of superannuation should not be declared to have been passed without any lawful authority and to be of no legal effect. 2. The case of the petitioner, in brief, is that s..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. ......ble reason. 10. In the instant case, there is no denying that the evidence of Khagendra Kumar Shil was admissible when he was examined and so his deposition could not be treated as inadmissible in law. In that view of the matter I am unable to hold that the trial Judge in making the impugned orde..Category: Procedural Law | Date: | Hits: 91
Bakth Bibi Vs. Bangladesh, 1992, 21 CLC (HCD)
....ernment are without authority and of no legal effect. I, therefore, agree with the order proposed to be passed by my learned brother. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 105. ......s declared that the judgment and order dated 7.3.89 being annexure ‘J’ to this writ petition passed by the Court of Settlement in Case No.1022 of 1987 are declared to have been passed without any lawful authority and be of no legal effect. It is ordered that the house property at 93 Chatteswari,..Category: Property Law | Date: | Hits: 73
Shafiuddin Khan (Md) Vs. State and another, 1993, 22 CLC (HCD)
....dence that may be led by the parties at the trial. Let a copy of this judgment be transmitted to the Court below to proceed with the case 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 al......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. ..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.
......senior. A supplementary affidavit 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..
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. ......anufacturers Ltd. Vs. Pheroze Fraturoze Taraporewala and others, 1953 (SC) 73 argues that a sub‑tenant is a necessary party in a suit for ejectment. There is no dispute about the proposition of the law but the question remains did the petitioners before me could prove their sub‑tenancy by any ev..Category: Property Law | Date: | Hits: 67
Nazir Ahmed and others Vs. Md. Hazee Kalu, 1989, 18 CLC (HCD)
.... other point in support of the appeal. There is no substance in this appeal. Accordingly, the appeal is dismissed. No order as to costs. Ed. This Case is also Reported in: 43 DLR (1991) 75. ......al on contest with cost and affirmed the decree of the learned Munsif. 5. Mr. SK Zulfiqur Bulbul Chowdhury on behalf of the defendant’s appellants submits that the Court of appeal below erred in law in not dismissing the suit and in not directing the sale of the disputed land to the defendants...Category: Property Law | Date: | Hits: 66
Adamjee Sons Limited Vs. Jiban Bima Corporation, 1992, 21 CLC (HCD)
....nt one. In view of my discussion, I am led to hold that the appeal must fail. In the result, the appeal is dismissed with costs. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 89. ......n the business”. The reasons for which I am driven to quote the aforesaid passage are; that this case has a chequered career and has traveled a long zig‑zag course through arbitration and through law court. Ultimately the parties to the disputes felt “.........such Inter‑ Ministerial wrangli..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. ...... has on due consideration of the evidence on recorded and the facts and circumstances of the case part-1/34 PC and passed the impugned judgment and order of conviction and sentence in accordance with law which should be upheld. The learned Advocate appearing for the appellants then submits that in f..Category: Criminal Law | Date: | Hits: 86
SDS Dairy Limited Vs. Bangladesh and others, 2011, 40 CLC (HCD)
....ill proceed in accordance with law. The office is directed to communicate the judgment at once to the concerned executing Court. Nazmun Ara Sultana J.-I agree. This Case is also Reported in: ....... 4. The executing Court heard the application and rejected the same by the impugned order dated 5.4.2010 in a short slip manner only on the ground that the Artha Rin Adalat Ain, 2003 is a special law and there is no scope to give permission for selling the property under the provision of the Cod..Category: Procedural Law | Date: | Hits: 80
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: ...... The learned Advocate for the appellants lastly submits that the trial Judge without proper assessment of evidence convicted the appellants on mere surmise and conjecture, which is not sustainable in law. 7. On the other hand, Mr. Matiur Rahman Howlader, learned Assistant Attorney General appeari..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. ......passing through the street by the side of the shop of one Lala Miah was attacked by the accused appellants and several others who were armed with deadly weapons: P.W. Moniruzzaman, the brother‑in‑law of the deceased disclosed to P.W.1 Md. Rafiquddin Ahmed that he went to the house of his father..Category: Criminal Law | Date: | Hits: 83
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