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Daru Miah Vs. Sonaban and others, 1995, 24 CLC (HCD)
....der as to costs. The order of stay granted by this Court earlier staying the operation of the impugned judgment and decree is hereby vacated. Ed. This Case is also Reported in: 52 DLR (2000) 589.......der as to costs. The order of stay granted by this Court earlier staying the operation of the impugned judgment and decree is hereby vacated. Ed. This Case is also Reported in: 52 DLR (2000) 589.......der as to costs. The order of stay granted by this Court earlier staying the operation of the impugned judgment and decree is hereby vacated. Ed. This Case is also Reported in: 52 DLR (2000) 589...Category: Property Law | Date: | Hits: 89
Biplob Chandra Das and another Vs. Biren Chandra Das and others, 2000, 29 CLC (HCD)
....de absolute. The judgment and decree of the appellate Court is set aside and those of the trial Court are restored. The suit is dismissed. Ed. This Case is also Reported in: 52 DLR (2000) 586. ......de absolute. The judgment and decree of the appellate Court is set aside and those of the trial Court are restored. The suit is dismissed. Ed. This Case is also Reported in: 52 DLR (2000) 586. ......de absolute. The judgment and decree of the appellate Court is set aside and those of the trial Court are restored. The suit is dismissed. Ed. This Case is also Reported in: 52 DLR (2000) 586. ..Category: Property Law | Date: | Hits: 108
Nahar Shipping Lines Limited and another Vs. Homera Ahmed and others, 1999, 28 CLC (HCD)
....une, 1999 filed by the petitioners within 6(six) weeks from date and the affidavit in compliance to be filed within 1(one) week thereafter. Ed. This Case is also Reported in: 52 DLR (2000) 585. ......une, 1999 filed by the petitioners within 6(six) weeks from date and the affidavit in compliance to be filed within 1(one) week thereafter. Ed. This Case is also Reported in: 52 DLR (2000) 585. ......e main application. When an application is admitted the same is not liable to be dismissed/rejected summarily without hearing on merit, unless such application is absolutely incompetent being without jurisdiction and precisely for this reason Order 7 rule 11 of the Code of Civil Procedure has been m..Category: Company Law | Date: | Hits: 235
Abul Kalam Azad (Md.) and 2 others Vs. State and others, 2000, 29 CLC (HCD)
.... of Thana Magistrate Chirirbandar are set aside. Communicate the order to the Magistrate concerned for hearing the matter at early date. Ed. This Case is also Reported in: 52 DLR (2000) 583. ...... of Thana Magistrate Chirirbandar are set aside. Communicate the order to the Magistrate concerned for hearing the matter at early date. Ed. This Case is also Reported in: 52 DLR (2000) 583. ...... of Thana Magistrate Chirirbandar are set aside. Communicate the order to the Magistrate concerned for hearing the matter at early date. Ed. This Case is also Reported in: 52 DLR (2000) 583. ..Category: Criminal Law | Date: | Hits: 67
KM Zakir Hossain Vs. Bangladesh Bank and others, 2000, 29 CLC (HCD)
....o.07 (Annexure-B), prohibiting of outstanding loan of a borrower company where a Director of the Bank has interest. 3. Late Al-haj Jahirul Islam, Chairman of Islam Group, held 87,297 shares out of total 27,93,511 sharers of IFIC Bank. But the outstanding dues of the respondent No.4 to the Bank, t......e respondent No.4. In view of the above, the Rule is discharged without any order as to costs. Stay order granted earlier is hereby vacated. Ed. This case is also Reported in: 52 DLR (2000) 577. ......e respondent No.4. In view of the above, the Rule is discharged without any order as to costs. Stay order granted earlier is hereby vacated. Ed. This case is also Reported in: 52 DLR (2000) 577. ..Category: Business or Commercial Law | Date: | Hits: 208
Md. Mobarak Hossain Vs. Government of the People's Republic of Bangladesh, 2010, 39 CLC (AD)
....the above, we find no substance in the submissions of the learned Counsel for the petitioner. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: VII ADC (2010) 835. ......the above, we find no substance in the submissions of the learned Counsel for the petitioner. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: VII ADC (2010) 835. ......harging the Rule on grounds of maintainability inasmuch as it is trite law that breach of obligation under a contract, albeit an ordinary commercial contract between and private party attracts writ jurisdiction when the Government acts mala fide or arbitrarily or in a discriminatory manner in vi..Category: Others | Date: | Hits: 118
Anti-Corruption Commission Vs. Shamima Begum & others, 2009, 38CLC (AD)
....ve, we find no substance in the submissions of the learned Advocate for the petitioner. Accordingly, the petitions are dismissed. Ed. This Case is also Reported in: 62 DLR (AD) (2010) 277. ......t the petitioner has already complied with the order by declaring the assets which on investigation has shown prima facie ingredients of the offence for indictment of the petitioner and that on the absence of violation of any mandatory procedural provision the High Court Division stayed of proceed......ection 26(2) or 27(1) of the ACC Act, 2004. Accordingly, lodging of FIR, taking cognizance, initiation of criminal proceedings against the writ-petitioners are unwarranted, unauthorized and without jurisdiction. In view of the above, we find no substance in the submissions of the learned Advoca..Category: Fiscal/Taxation Law | Date: | Hits: 86
Mainmunal Islam and others vs. The Collector of Customs and others, 2010, 39 CLC (AD)
....essed with customs duty and Vat on the basis of such S.R.O. We find no substance in these appeals which are accordingly dismissed. Ed. This Case is also Reported in: 15 MLR (AD) (2010) 227. ......at after hearing parties the High Court Division held as under:- "In the instant cases we find that there is guideline and basis for fixation of the tariff value for the import in questions in the absence of any rule over and above, the petitioners knowing about the tariff value have opened the l......essed with customs duty and Vat on the basis of such S.R.O. We find no substance in these appeals which are accordingly dismissed. Ed. This Case is also Reported in: 15 MLR (AD) (2010) 227. ..Category: Fiscal/Taxation Law | Date: | Hits: 75
Delbar Sheikh and Bashiron Nessa Vs. Rahman Sheikh @ Md. A. Rahman and others, 2010, 39 CLC (AD)
....- is to be deposited within 1(one) month. Petitioners are permitted to prepare the paper book out of Court in accordance with rules. Ed. This Order is also Reported in: VIII ADC (2011)124. ......t the learned Single Judge of the High Court Division exceeded its jurisdiction in interfering-with the findings of fact arrived at by the Courts below in exercise of revisional jurisdiction in the absence of any misreading or non-consideration of the material evidence on record. It is further c......he petitioners that the learned Single Judge of the High Court Division exceeded its jurisdiction in interfering-with the findings of fact arrived at by the Courts below in exercise of revisional jurisdiction in the absence of any misreading or non-consideration of the material evidence on recor..Category: Property Law | Date: | Hits: 104
Ayesha Khatun & others Vs. Rabindra Chandra Saha and others, 2006, 35 CLC (HCD)
....d that she did not see any paper of the lease or she is not in a position to file any paper of lease. 38. In view of the above discussion, we are of the view that the contesting defendant No.1 has totally failed to prove the story of the lease on the basis of which her title originated. Since the...... the first time came to know from the plaint of the suit filed by the defendant No. 1 and on 8-1-1998 the plaintiffs obtained the certified copy of the RoR record and became aware of the fact that in absence of Jagabandu Saha, the tenant, Jogesh Chandra Sutradhar and others collusively and illegally...... error of law and secondly, such finding has resulted in any failure of justice. Erroneous finding of fact is a different thing from an error or defect in the procedure. If the appellate Court had no jurisdiction to hear the appeal, in spite of that it hears the appeal or it is found that the findin..Category: Property Law | Date: | Hits: 126
State Vs. Md. Kaloo, 2003, 32 CLC (HCD)
....ariat, Dhaka; c. Inspector General of Police, Dhaka and d. Superintendent of Police, Jessore. Lower Courts Record be sent down at once. Ed. This Case is also Reported in: 58 DLR (2006) 638.......of death of wife in the house of her husband a heavy onus lies upon husband to account for the death of wife and husband is duty bound to explain as to how wife met her death in his house and, in the absence of any explanation coming from husband, the irresistible presumption for that it is the husb......ariat, Dhaka; c. Inspector General of Police, Dhaka and d. Superintendent of Police, Jessore. Lower Courts Record be sent down at once. Ed. This Case is also Reported in: 58 DLR (2006) 638...Category: Criminal Law | Date: | Hits: 45
State Vs. Shaiokh Abdur Rahman and others, 2006, 35 CLC (HCD)
.... and 25) prepared by the Investigation Officer shows that there were several rooms. 87. But the above arguments of the learned State Defence Lawyer are not acceptable to us in consideration of the totality of the relevant materials and evidence on record as discussed in the following paragraphs. ......sions Judge, Jhalakati in Sessions Case No. 28 of 2006 is affirmed. The Jail Appeal No. 457 of 2006 is dismissed. Send down the LC records. Ed. This Case is also Reported in: 58 DLR (2006) 615. ......sions Judge, Jhalakati in Sessions Case No. 28 of 2006 is affirmed. The Jail Appeal No. 457 of 2006 is dismissed. Send down the LC records. Ed. This Case is also Reported in: 58 DLR (2006) 615. ..Category: Criminal Law | Date: | Hits: 224
Hiru Mia Vs. State, 2005, 34 CLC (HCD)
.... when any Court finds an accused guilty of an offence and upon conviction sentences such accused to any term of imprisonment, simple or rigorous, it shall deduct from the sentence of imprisonment the total period the accused may have been in custody in the meantime in connection with that offence, (......t. Of them PWs 1-3 were the members of the police party while 2 other PWs were the investigating officers, The public seizure list witnesses were not examined by the prosecution, According to him, in absence of examination of the independent seizure list witnesses the prosecution case suffered a ser......ads as under: "1.(2) It extends to the whole of Bangladesh, but in absence of any specific provision to the contrary, nothing herein contained shall affect any special law now in force or any special jurisdiction or power conferred or any special form of procedure prescribed by any other law for the..Category: Criminal Law | Date: | Hits: 63
Ibrahim (Md.) & others Vs. State, 2004, 33 CLC (HCD)
....r submits that veracity or trustworthiness of the statement of the witnesses about alleged recognition of the condemned prisoners in Test Identification Parade as stated by them in their evidences is totally thrashed away giving a go-by to the prosecution case as the test identification parade was h......h regard to the recognition of condemned prisoners by PWs 1 and 3 in Test Identification parade. In the case of Shahidullah and another Vs. State reported in 1987 BLD (AD) 27 it was held: "In the absence of the Magistrate the defence obviously could not cross-examine him with regard to the proce...... 41. Send down the lower court records expeditiously. Let a copy of this judgment be sent to the Superintendent, District Jail, Lakshmipur. Ed. This Case is also Reported in: 58 DLR (2006) 598. ..Category: Criminal Law | Date: | Hits: 91
Ershad Ali (Md.) and another Vs. Rampada Das & others, 2004, 33 CLC (HCD)
....scharged with cost. Order of stay granted at the time of issue of the Rule is hereby recalled and vacated. Send down the records at once. Ed. This Case is also Reported in: 58 DLR (2006) 593.......scharged with cost. Order of stay granted at the time of issue of the Rule is hereby recalled and vacated. Send down the records at once. Ed. This Case is also Reported in: 58 DLR (2006) 593.......n all co-sharer tenants of the holding and such separation must be given effect to or acted upon by such tenants. 27. It is also needless to say, in deciding an application for pre-emption limited jurisdiction of the Court is now well recognised to examine as to whether or not subdivision of the ..Category: Property Law | Date: | Hits: 69
Nurul Haque Sarker Vs. Janata Bank and others, 2006, 35 CLC (HCD)
....It is settled principle of law that the burden of establishing sufficient grounds for transfer lies heavily upon the applicant. The approach of the Court should be pragmatic and not theoretic and the totality of facts and circumstances should be considered. 18. It appears from the order sheet tha...... is set aside and the learned Joint District Judge, First Court; Narayanganj is directed to proceed with the suit in accordance with law. Ed. This Case is also Reported in: 58 DLR (2006) 589. ...... 3 of 2004 to the 2nd Court of Joint District Judge, Narayanganj from the First Court of Joint District Judge, Narayanganj, is not at all illegal or improper, inasmuch as that is very much within the jurisdiction of the learned District Judge. He further submits that the opposite party has no intent..Category: Civil Law | Date: | Hits: 92
Abdul Aziz (Md.) Vs. Sonia Pervin Liza (Minor), 2006, 35 CLC (HCD)
....0. It is further stated that in the Family Suit No. 11 of 1990 the Family Court, Shaturia, decreed the suit awarding Taka 1000 per month as maintenance from July 1990 to August 1993 which may be said total monthly maintenance for both the wife and minor daughter, as no specification made therein for......f- opposite party within 3(three) months from the date failing which the same will be realized according to law. Send down the LCR at once. Ed. This Case is also Reported in: 58 DLR (2006) 583. ......f- opposite party within 3(three) months from the date failing which the same will be realized according to law. Send down the LCR at once. Ed. This Case is also Reported in: 58 DLR (2006) 583. ..Category: Family Law | Date: | Hits: 214
State Vs. Shahidul Islam alias Shahid and others, 2006, 35 CLC (HCD)
....ces of deceased Shajneen was not a dying declaration, rather it was in the nature of some statements, and so was her disclosure about the bathroom incident, and such statements are only a part of the total scenario and need to be considered in the light of other evidence on record. 113. It is in ...... the police to the PO house in the last part of September, 1998 and he again narrated and demonstrated the facts prior to, during and after, the occurrence. Shahid stated that on 5-4-1998 (during the absence of PW 2, his wife and members of the family) Hasan showed to Shahid the lay-out-of the room ......om incident and therefore they form very important components of the circumstances in this case. In support of his contention Mr. Khan, the learned DAG cited a number of decisions from the Indian jurisdiction and also from a case decided by our Appellate Division, reported in 27 DLR (AD) 29. ..Category: Criminal Law | Date: | Hits: 70
Nurul Islam and others Vs. A Huq Munshi & others, 2006, 35 CLC (HCD)
....nsif, Barisal, and the said rent suit was decreed and the superior landlord filed Rent Execution Case No. 1192 of 1991 in the Second Court of Munsif, Barisal and the land of CS khatian No. 30 being a total area of 2.15 acres was put to auction; that Rupsha Fakir auction purchased the land of CS Khat......ned Subordinate Judge, First Court, Jhalakati, in Title Suit No. 52 of 1994 is upheld and the suit is dismissed. Send down the LCR at once. Ed. This Case is also Reported in: 58 DLR (2006) 538. ......uted the suit for partition in respect of 'Ka' scheduled property and for declaration that the order dated 1-11-1994 in review case No. 2 of 1994 as stated in 'Kha' scheduled land is illegal, without jurisdiction, null and void and not binding upon the plaintiffs. 3. The case of the plaintiffs, i..Category: Property Law | Date: | Hits: 70
Kazi Md. Shafiqur Rahman Vs. Bangladesh and others, 2005, 34 CLC (HCD)
....Bichar-6/2N- 35/76 dated 25-4-2001 is declared to have been made without lawful authority and is of no legal effect. No order as to cost. Ed. This Case is also Reported in: 58 DLR (2006) 534.......Bichar-6/2N- 35/76 dated 25-4-2001 is declared to have been made without lawful authority and is of no legal effect. No order as to cost. Ed. This Case is also Reported in: 58 DLR (2006) 534....... not give reply to the show cause notice and the action of revocation has been taken as per law are absolutely false and concocted and the order of revocation without any show cause notice is without jurisdiction. The petitioner has not disobeyed any order of the High Court Division. The impugned or..Category: Employment/Service Law | Date: | Hits: 81
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