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Rana Awan (Mrs.) Vs. Bangladesh, 1990, 19 CLC (HCD)
....ed authority on 14.11.83 as contained in Annexure‑H to the writ petition within 30 days from date. There will be no order as to costs. Ed. This Case is also Reported in: 43 DLR (1991) 139. .......4.85 refusing to release certain properties from the list of abandoned properties which has been earlier declared as abandoned property under the President's Order No. 16 of 1972, has been called in question with a further prayer for directing the respondents to release the said property and delive...... proposed commercial building. It is, therefore, clear that the petitioner is the owner of the said property to the extent of her ‑/12/‑ annas share which is not abandoned property in view of the facts that she is a national of Bangladesh confirmed by the Ministry of Home Affairs. It also transp..Category: Property Law | Date: | Hits: 78
Kamaluddin Chowdhury Vs. Mashiudwllah and another, 1990, 19 CLC (HCD)
....along With a copy of the judgment be transmitted to the learned Magistrate concerned at once to proceed with the case in accordance with law. Ed. This Case is also Reported in: 43 DLR (1991) 137.......along With a copy of the judgment be transmitted to the learned Magistrate concerned at once to proceed with the case in accordance with law. Ed. This Case is also Reported in: 43 DLR (1991) 137.......Court has no exclusive jurisdiction in the matter ousting the jurisdiction of the Magistrate 1st Class. Referring to the decision reported in 1985 BLD (AD) 278 the learned Advocate submitted that the facts of that case is clearly distinguishable and cannot be applied in the present case. 5. To ap..Category: Criminal Law | Date: | Hits: 69
Shah Sekandar Molla Vs. New Sagurnal Tea Co. and Others, 2010, 39 CLC (AD)
....do not find any merit in the leave petition. In the result, the leave petition is dismissed. Ed. This Case is also Reported in: 31 BLD (AD) (2011) 65, 8 LG (AD) (2011) 103, 16 BLC (2011) 96. ......re, namely, balance of convenience of the parties, bias in a Judge causing reasonable apprehension of not getting justice, embarrassment of the Court, environment not congenial to fair trial, common question of law and facts raised in the suits, a question of interpretation of law and constitution ......ave to appeal before this Court. 6. Mr. Mansur Habib, the learned Advocate appearing on behalf of the petitioner submits that the learned Judges of the High Court Division failed to appreciate the facts and circumstances of this case in its true perspective as a result of which there has been ser..Category: Civil Law | Date: | Hits: 113
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. ......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. ......llant Sohel. From the judgment of the trial Court it appears that except this confessional statement of the accused-appellant Sohel @ Sanaullah there are other sufficient incriminating evidence and facts and circumstances in support of the involvement of this accused-appellant in the murders of ..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.......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....... (From the judgment and order dated 2-3-2005 passed by the High Court Division in Criminal Appeal No.123 of 1989). Judgment Surendra Kumar Sinha J. - This appeal arose out of the following facts: 2. Respondents along with Keramat Ali and Azmat Ali were put on trial before the learned S..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. ...... দেখাইয়াছেন। কখনও কোন প্রকার অভিযোগ করেন নাই।”
Malice in fact is to be established by evidence if it is alleged. The question of malice in fact is to be established by evidence. The petitioner is entitled to raise the......ecision in the case of R Vs. Chief Constable of the Merseyside Police, ex parte Calveley and others reported in (1986) 1 All England Law Reports 257 wherein the Court of Appeal held in the particular facts and circumstances of that case that failure to notify the appellant in accordance with regulat..
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. ......arty No. 1. Civil Revision No. 228 of 1988. Judgment Nurul Huque Bhuiyan J. - This Rule under section 115 of' the Code of Civil Procedure at the instance of plaintiff ‑petitioners calls in question the order dated 24.11.88 passed by the learned District Judge, Barisal in Miscellaneous App......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..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. ...... 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. ......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..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.......with regard to the jurisdiction of the ordinary Civil Court and maintainability of the suit was not taken and such objection was not raised at the trial stage or even thereafter during appeal. So the question arises whether the learned Advocate is permitted to agitate the question of jurisdiction an......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..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. ......is the House Rent Controller, ought no to have made any specific observation to the effect that the petitioner is a defaulter in a case filed under section 19 of the House Rent Control Ordinance. The question whether the petitioner is defaulter or not is to be decided in the suit for ejectment and t......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. ..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. ......08 the order of stay shall remain in force till next installment and onward on payment of subsequent installments within time". 4. Mr. Mahbubey Alam, learned counsel appearing for the appellant, questioned the propriety of the direction made by the High Court Division. According to the learned ...... 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..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.......en part or the mere factor knowledge about the transfer or temporary unwillingness on his part to buy cannot debar him from claiming his right at the proper time. Essentially, therefore, it will be a question of proper inference from the facts proved in each particular case as to whether the plea of......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..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. ......osition expunged as being inadmissible. The trial judge, by the impugned 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 shoul......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..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. ......ent contested the case alleging that the petitioner was an imposter and not the widow of late Abdul Khaleqe. Both Abdul Khaleqe and the petitioner were nationals of Pakistan. As the house property in question was left uncared for and the whereabouts of Abdul Khaleqe was unknown to the Government, th......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. ..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. ......the discharge of such trust. The amount was simply lent by the complainant to the petitioner induced by the representation of the petitioner to repay the same. So in the absence of any entrustment no question of breach of any trust can arise. Aforesaid decisions of this Court reported in 31 DLR 63 a......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..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.
......n. The Appellate Division in their judgment quoted with approval the decision in the case of KM Guruswami Vs. State of Mysore, reported in PLD 1956 (SC India) 53 where the Indian Court considered the question whether the appellant's claim for a writ of mandamus was tenable. In that Indian case the a......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..
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. ...... 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 evidence befor......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. ..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. ......er a necessary party to the suit nor any prayer for her eviction is necessary, as the Government may evict her as monthly lessee if the property is declared as not abandoned property. 12. The moot question is whether the suit property is an abandoned property. 13. The abandoned property has be......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...Category: Property Law | Date: | Hits: 73
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. ...... not prove that Ejahar Mia took loan from the plaintiff and executed handnotes. On the other hand, the finding of the Courts below is that Ejahar Mia, was a literate person and executed the kabala in question and accepted the consideration money from [fie plaintiff and transfers in favour of the pla...... 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..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. ......eference to Arbitration of the dispute referred to in Schedule III of the agreement in terms and conditions mentioned therein. According to tem No.1 the appellant and the respondent were to refer the question of ownership and possession of the properties described in Schedule III to the arbitration ...... 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..Category: Alternative Dispute Resolution | Date: | Hits: 174
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