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Repco Laboratories Ltd. Vs. Nuruddin Ahmed and others, 1989, 18 CLC (HCD)
....ence is considered in the disposal of an application for temporary injunction and not in the disposal of the application for modification of the injunction order. He has further submitted that in the facts and circumstances of the instant case Order 39 rule 4 of the Code of Civil Procedure has no ap...... Supreme Court High Court Division (Civil Revisional Jurisdiction) Present: Nurul Huque Bhuiyan J Repco Laboratories Ltd............................Petitioner Vs. Nuruddin Ahmed and others.....................Opposite Parties. Judgment June 21, 1989. Cases Referred to-......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. ..Category: Procedural Law | Date: | Hits: 84
Durgarani Sarkar Vs. United Bank of India Ltd. and others, 1989, 18 CLC (HCD)
....and decree contending, inter alia, that the lower Appellate Court being the final Court of fact, On consideration of the evidence on record and upon assigning reasons having arrived at the finding of facts that the plaintiffs alleged contract for sale was not at all proved, the impugned judgment and...... High Court Division (Civil Revisional Jurisdiction) Present: Mohammad Abdur Rouf J Durgarani Sarkar ....................................Petitioner Vs. United Bank of India Ltd. and others..........Opposite Parties. Judgment June 28, 1989. Cases Referred to- HN Fab......ff examined two witnesses including her herself as PW 1 and the defendant examined three witnesses including one of its Lower Division Assistant as DW 3. 5. The Trial Court on consideration of the evidence on record decreed the suit in part allowing specific performance of contract only to the ex..Category: Property Law | Date: | Hits: 70
Wahida Rashid (Most) and another Vs. Miron Muhammad Zahidul Hoque, 1990, 19 CLC (HCD)
....pectively passed by the Subordinate Judge, Kushtia in Title Appeal No. 133 of 1993 affirming those of dated 29.9.83 passed by the Munsif, First Court, Kushtia in Title Suit No. 242 of 1977. The short facts of the case, in brief, are: 2. The opposite party No. 1 as plaintiff filed title suit No. 2...... costs. Ed. This Case is also Reported in: 43 DLR (1991) 115....... served upon the defendants and hence the defendants are liable to be evicted from the suit premises. The Trial Court decreed the suit on contest and the Court of appeal below on consideration of the evidence on record dismissed the appeal preferred by the defendants and the judgment and decree of t..Category: Property Law | Date: | Hits: 66
Fariduddin Mahmud Vs. Md. Saidur Rahman and others, 2010, 39 CLC (AD)
.... effective remedy in the Adalat, not even equally efficacious, ordinarily the High Court Division will decline to interference unless he has exhausted his statutory remedies particularly when the facts alleged have to be investigated. 11. A writ of certified is largely a matter of discretio...... SAN Mominur Rahman J ABM Khairul Haque J Md. Muzammel Hossain J Surendra Kumar Sinha J Fariduddin Mahmud...........................................Appellant Vs. Md. Saidur Rahman and others ...........................Respondents Judgment June 10, 2010. Cases Referred to...... writ jurisdiction is not maintainable for deciding the question of fraud and material irregularity in publishing and conducting the sale, which are essentially a question of fact to be determined on evidence and could not be conveniently dealt with in writ jurisdiction". 13. This Division approv..Category: Civil Law | Date: | Hits: 113
Hasina Mawla Vs. Bangladesh Parjatan Corporation and another, 1992, 21 CLC (HCD)
....stopped from challenging the impugned order either by waiver or acquiescence. The learned Counsel referred to the decision in the case of MA Mannan Vs. Biman Bangladesh Airlines 41 DLR 318. 8. The facts of the said reported case are different from the instant one and the decision therein had no m......Court Division (Special Original Jurisdiction) Present: Abdul Jalil J Mohammad Fazlul Karim J Hasina Mawla……………………Petitioner Vs. Bangladesh Parjatan Corporation and another…………........Respondents Judgment November 18, 1992. Cases Referred To-...... 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...Category: Employment/Service Law | Date: | Hits: 88
Chowdhury Miah Vs. Dhanindra Kumar Shil and others, 1992, 21 CLC (HCD)
....is order that the petitioner obtained the present rule. 2. The sole question that is involved in this rule, therefore, is whether the evidence of the said witness should have been excluded in the facts and circumstances of the case. 3. The point does not appear to be covered by any authority......rt High Court Division (Civil Revisional Jurisdiction) Present Bimalendu Bikash Roy Chowdhury J Chowdhury Miah……………………….Petitioner.. Vs. Dhanindra Kumar Shil and others…………………....Opposite Parties Judgment December 10, 1992. Cases Refe......pugned order dated 5.8.91, rejected the same. It is against this order that the petitioner obtained the present rule. 2. The sole question that is involved in this rule, therefore, is whether the evidence of the said witness should have been excluded in the facts and circumstances of the case. ..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. ...... Present Naimuddin Ahmed J Mohammad Gholam Rabbani J Bakth Bibi……………….Petitioner Vs. Bangladesh, represented by the Secretary, Ministry of Works, Government of Bangladesh and others………………..Respondents Judgment October 28, 1992. Cases Referred to- ......bandoned and taken possession by the Government under the President's Order No.16 of 1972. By the impugned judgment and order the Court of Settlement dismissed the case. 2. Facts as found from the evidence given in the Court of Settlement are as follows: In 1955 the petitioner came to Chittago..Category: Property Law | Date: | Hits: 73
Shafiuddin Khan (Md) Vs. State and another, 1993, 22 CLC (HCD)
....gh Court Division quashed the proceeding holding that the allegations show that no criminal offence was made out and the same was breach of civil contract. Facts of those cases are different from the facts of the instant case before us. Those cases highlight distinction between cheating and breach o...... High Court Division (Criminal Revisional Jurisdiction) Present: Muhammad Ansar Ali J Kazi Ebadul Hoque J Shafiuddin Khan (Md)……………………Petitioner Vs. The State and another…………………..Opposite Parties Judgment January 6, 1993. Cases Referred......the money as friendly loan. Court below has found a prima facie case against the accused petitioner on consideration of the said allegations as well as other materials on record. At this stage before evidence is led by the prosecution it is difficult to hold that the accused petitioner had no initia..Category: Criminal Law | Date: | Hits: 132
....re it was decided that to put an end to the controversy a retender be called. The petitioner filed an application before the Chairman, Bangladesh Chemical Industries Corporation on 4.7.92 stating all facts and the Financial Director ordered for an inquiry report (Annexure ‘A’ and ‘F’). The i......
(Special Original Jurisdiction)
Present:
Anwarul Haque Choudhury J
KM Hasan J
Shafiq Ahmed………………Petitioner
Vs.
Chairman, Bangladesh Chemical Industries Corporation and others……..........Respondent
Judgment
October 28, 1992.
Cases Referred to-
M/s H......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.
..
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. ......osts. Ed. This Case is also Reported in: 43 DLR (1991) 112. ......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 evidence before the Trial Court. The answer is in the negative. Although a sub‑tenant is a necessa..Category: Property Law | Date: | Hits: 67
Hashem (Md.) Vs. Bangladesh and others, 1990, 19 CLC (HCD)
....arned Subordinate Judge are set aside and the suit is decreed on contest and it is declared that the plaintiff is a citizen of Bangladesh and the suit property is not an abandoned property. In the facts and circumstances of the case, we direct both parties to bear their respective costs although.......gh Court Division (Civil Appellate Jurisdiction) Present: Md. Abdul Jalil J Mahmudul Amin Chowdhury J Hashem (Md.).......................................Appellant Vs. Bangladesh and others...........................Respondents. Judgment August 16, 1990. Lawyers Involve......person who is a citizen of a State which at any time after the 25th day of March, 1971, was at war with or engaged in military operations against the People's Republic of Bangladesh." 14. It is in evidence that the suit property was taken over as abandoned property on 29.4.72 and soon thereafter ..Category: Property Law | Date: | Hits: 73
Nazir Ahmed and others Vs. Md. Hazee Kalu, 1989, 18 CLC (HCD)
.... 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 arriving at the finding low......rder as to costs. Ed. This Case is also Reported in: 43 DLR (1991) 75. ......the defendants pleaded that the land in suit is homestead land of their predecessor‑in‑interest but from the judgment of the Trial Court it appears that the defendants could not prove by adducing evidence that the land in dispute was a portion of the dwelling‑house or the homestead land. Secon..Category: Property Law | Date: | Hits: 66
Adamjee Sons Limited Vs. Jiban Bima Corporation, 1992, 21 CLC (HCD)
.... to deal with the appeal. The appellant has taken in the memorandum of appeal as many as 28 grounds. In order to appreciate the contention raised at the Bar it is necessary, in nutshell, to state the facts of the case. On August 15, 1981 an agreement for arbitration was executed the preamble of whic......Syed JR Mudassir Husain J Adamjee Sons Limited................Appellant. Vs. Jiban Bima Corporation............Respondents Judgment August 3, 1992. Cases Referred To- LIGH Ariff and others Vs. Bengal Silk Mills Lid. and another, 1949 Cal. 350; Zeauddin and others Vs. Abdur Rafi......d the parties were heard as many as on 22 days from June 9 to August 10, 1982. The Arbitrator after a protracted hearing and having had gone through the respective written statement and examining the evidence produced made the award on August 29, 1982. He filed the award on 31.10.82 in Court with no..Category: Alternative Dispute Resolution | Date: | Hits: 174
Sarwar Kamal and others Vs. State, 1992, 21 CLC (HCD)
....se was also started on the self‑same occurrence, could not be held to be guilty and punished on the above charges. The learned Assistant Sessions Judge on hearing both the sides and considering the facts and circumstances, of the case and the evidence on record was pleased to find these three (3) ...... This Case is also Reported in: 48 DLR (1996) 61. ......ence, could not be held to be guilty and punished on the above charges. The learned Assistant Sessions Judge on hearing both the sides and considering the facts and circumstances, of the case and the evidence on record was pleased to find these three (3) appellants guilty under sections 304/part-1/3..Category: Criminal Law | Date: | Hits: 86
SDS Dairy Limited Vs. Bangladesh and others, 2011, 40 CLC (HCD)
....er’s application filed under Order XXI rule 83 of the Code of Civil Procedure for permission to sell an attached property through private negotiation for enhancement of the sale proceeds. 2. The facts leading to this writ petition are that respondent No.3, United Commercial Bank Limited, Bangsh......High Court Division (Special Original Jurisdiction) Present: Nazmun Ara Sultana J Md. Ruhul Quddus J SDS Dairy Limited………………................Petitioner Vs. Bangladesh and others…………………………..Respondents Judgment January 6, 2011. Lawyers In......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: ..Category: Procedural Law | Date: | Hits: 80
Zahangir Sheikh and another Vs. State, 2011, 40 CLC (HCD)
....ddin and others Vs. The State and another reported in 13 BLT 460, and Noor Islam and another Vs. State reported in 6 BLC 178. In the latter, a Division Bench of the High Court Division, under similar facts and circumstances held: “25. . . . in order to complete the offence under section 394 of ......ddin J. - I agree. This Case is also Reported in: ......ing the prosecution, the learned Additional Sessions Judge examined the appellants under section 342 of the Code of Criminal Procedure, to which they reiterated their innocence but did not adduce any evidence in defense. The defense case, as it appears from the trend of cross-examination, that the a..Category: Criminal Law | Date: | Hits: 58
Babul and others Vs. State, 2011, 40 CLC (HCD)
....i was last found in the company of the accused appellant at about 10-00 p.m. in the night of occurrence and subsequently his dead body was seen in river Titas at about noon on the next day, from such facts alone it cannot be held that the accused appellant in any way had any plan to murder deceased ....... Borhanuddin J.-I agree. This Case is also Reported in: ......d Judge examined the appellants under section 342 of the Code of Criminal Procedure, when they reiterated their innocence and examined nine defense witnesses. The defense case, as it appears from the evidence of defense witnesses as well as from the trend of cross-examination, is that the victim Abd..Category: Criminal Law | Date: | Hits: 111
Bulu and others Vs. State, 1992, 21 CLC (HCD)
....telling lies even partially, that would put the Courts on guard against accepting the rest of the statement without any corroboration. Thus the value of dying declaration depends in a case on its own facts and the circumstances in which it is made. If a dying declaration is found to be false in mate......ction) Present: Habibur Rahman Khan J Muhammad Abdul Mannan J Bulu………………..Appellant Vs. State………………..Respondent (Criminal Appeal No. 383 of 1990). Khairul and others………………….Appellant Vs. State……………………Respondent (Crimina......s are involved in the commission of the offence. The learned trial Court has found the appellant along with others (absconding) guilty under sections 302/34 and convicted them on consideration of the evidence on record and the dying declaration of the deceased. To ascertain the correctness or otherw..Category: Criminal Law | Date: | Hits: 83
Abdul Khaleque Vs. State, 1992, 21 CLC (HCD)
.... the wife provocates the husband. We do not know what was the reason for beating victim Rahima Khatoon by her husband accused Abdul Khaleque as there is nothing on record about the same. But from the facts proved it is clear that the victim Rahima Khatoon did not die immediately after the assault su......oque J Abdul Khaleque .........................Appellant. Vs. The State .................................Respondent Judgment December 10, 1992. Case Referred To- Hazer Ali Mondal and others Vs. State, 37 DLR (AD) 87. Lawyers Involved: MA Wahab, Advocate ‑ For the Appella...... dead body to the jute field for concealing the same after killing her by beating." The learned trial Court found that there was no eye witness of the occurrence but considering the circumstantial evidence found the appellant guilty and convicted and sentenced him as aforesaid. 9. Mr. MA Wahab..Category: Criminal Law | Date: | Hits: 78
Tobarak Ali Sikder Vs. Administrator of Waqfs, 1992, 21 CLC (HCD)
....e mutwalli a hearing or permitting him to controvert the allegations made against him. This only leads us to believe that the impugned order was issued on extraneous grounds rather than on finding of facts. Existence of factual grounds, for removal of the mutwalli should have been established after ......LR 277; Shoukat Ali Vs. Administrator of Waqf, 29 DLR 276; Makbulal Huq Vs. Administrator of Waqf, 17 DLR 30. Lawyers Involved: Mahmudul Islam with Md. Reaz‑e-Morshed Kamal, Md. Gaziur Farooq and Syed Dastgir Hossain, Advocates ‑ For the Petitioner. A Baset Mazumder, Advocate ‑Respond......not be secured without giving a hearing to a person against whom some allegations have been made. 13. Moreover, it is now well‑settled that an appealable order must be a speaking order, based on evidence and material taken on affidavit or on examination of witnesses and on production of papers...Category: Trust/Waqf Law | Date: | Hits: 157
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