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Motiur Rahman Vs. AKM Shamsul Alamin and another, 2010, 39 CLC (HCD)
....t stating, inter alia, that the defendant No.1 being the owner of the suit property started construction of a residential building thereon in accordance with a plan approved by the DIT, but could not complete the same due to shortage of fund and thereafter entered into an agreement dated 25-2-1997 f......later on came to know that the suit was already decreed on 10-4-1995. 8. The opposite party contested the Miscellaneous Case by filing a written objection contending, inter alia, that the case was barred by limitation. It was further contended that long 8 years after institution of the original s..Category: Procedural Law | Date: | Hits: 170
Jalaluddin Vs. Bangladesh, 1989, 18 CLC (HCD)
....tion in relation to that area shall, until the area is declared to be, or to be included in, a municipality, continue to exercise those functions. This proviso to section 3(1), in our opinion, is the complete answer to the submission of Mr. Hannan. If we read sections 3 and 4 together it appears mat......result, the Rule is discharged but without any order as to costs, and the order of stay passed by this Court earlier is hereby vacated. Ed. This Case is also Reported in: 42 DLR (HD) (1990) 132...Category: Property Law | Date: | Hits: 108
.... that the award of an arbitrator is to be a condition precedent to any action on the policy, and that no action is to be brought except for the amount of the award........the cause of action is not complete until an arbitration has taken place in accordance with the clause, and an award has been m...... of the amount so awarded is brought by one party to such contract against any other such party in respect of any subject which they have so agreed to refer, the existence of such contract shall be a bar to the suit.
Exception 2.-Nor shall this section render illegal any contract in writing, by w..
Category: Business or Commercial Law | Date: | Hits: 290
Abdul Aziz and others Vs. Sahajuddin Mollah and others, 1995, 24 CLC (HCD)
.... result the Rule is disposed of with the above observations. Communicate the order at once. Send down the lower Court records. Since it is an old case of 1984 the trial Court is hereby directed to complete die trial within 4 months positively on receipt of the record. Ed. This Case is also ......te Judge Munshiganj on 6.6.90 in ride Appeal No.28 of 1987 allowing the appeal, dismissing the original suit and setting aside the Judgment and decree passed by Upazila Munsif (now Asstt. Judge) Tongibari on 25.3.87 in Title Suit No.24 of 1984 decreeing the suit. 2. The petitioners being plaintif..Category: Property Law | Date: | Hits: 96
Niamatullah @ Chand (Md.) Vs. State and others, 1995, 24 CLC (HCD)
....se No. 64 of 1990. 2. It appears that First Information Report was lodged against the accused persons on 3.1.90 under section 19(a) and (b) of the Arms Act. Investigating Officer having failed to complete the investigation within 60 days learned Upazila Magistrate allowed time for completion of ......s. The question of revival arose after the order dated 22.1.91 was passed by the Sessions Judge (Special Tribunal). So, the order passed by the District Magistrate on 11.7.91 does not suffer from the bar of limitation. We, therefore, find no merit of this Rule. In the result, the Rule is discharg..Category: Criminal Law | Date: | Hits: 82
MG Jilani Vs. Md. Wahed Uddin Sardar, 1989, 18 CLC (HCD)
.... Court's Judge committed serious error of law in determining the said question of title in favour of the plaintiff in this SCC Suit and as a result there has been an error in the decision Occasioning complete failure of justice. 6. Mr. Md. Abdul Majid, the learned Advocate appearing for the pl......ence the suit. 3. The defendant‑petitioner contested the suit by filling a written statement contending, inter alia, that the plaintiff has no cause of action to file the suit and the same is barred by limitation. His case, inter alia, is that he was inducted as tenant in the suit holding by..Category: Civil Law | Date: | Hits: 140
Mahbubur Rahman Vs. State, 1992, 21 CLC (HCD)
....trate is not satisfied, he may direct further investigation but cannot direct submission of supplementary charge‑sheet. In this field the statute confers wide power upon the investigating agency to complete investigation in the case of cognizable offence reported to the police. The police have bee......lication is allowed and the Rule made absolute. The impugned order dated 4.6.90 is hereby set aside. Stay stands vacated. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 342. ..Category: Criminal Law | Date: | Hits: 78
Bangladesh Inland Water Transport Authority Vs. United Trading Corporation, 1989, 18 CLC (HCD)
....t is in the plaint that the defendant-petitioner took delivery of the plaintiffs oil tanker in the middle of October, 1969 for repairs with a promise to return the vessel within 5-weeks thereof after complete repairs. Under Article 65 of the Limitation Act a suit for compensation for breach of a pro......able. 6. It was argued on behalf of the defendant-petitioner that the suit was in effect a suit to enforce the arbitration award notice of which was served on the parties on 18.7.72. This suit was barred under section 32 of the Arbitration Act. 7. The learned Subordinate Judge held that the aw..Category: Civil Law | Date: | Hits: 142
Janata Bank Vs. Mohiuddin Specialised Textile, 2009, 38 CLC (HCD)
....is directed towards a special subject, a special class of objects and gives rise to special cause of action and self provides for the method of enforcement of rights conferred by that Act i.e. a code complete in itself. Therefore, Artha Rin Adalat Ain, 1990 or 2003 is a special law. Since the act do......h interest and it is the Bank itself who could waive such interest to whom the defendant could approach for waiving the interest. Section 30 of the Bank Companies Act, 1991 has also imposed similar embargo upon the Court's jurisdiction to interfere with the interest so payable by the borrower to the..Category: Civil Law | Date: | Hits: 141
Majeda Khatun @ Majeda Rahman Vs. State, 1988, 17 CLC (HCD)
....inside the jail which require her to be treated outside the jail. The learned Sessions Judge called for a report about her health from the jail authority, but the jail authority could not furnish a complete report as the petitioner was required to be X-rayed. The learned Sessions Judge mainly on c......e petitioner as she is a woman, deserves a special consideration. Merely because the charge-sheet has been submitted against her under the above sections of the Penal Code, she is not automatically debarred from getting bail. 14. It has been submitted that the petitioner is the Ex-Principal of th..Category: Criminal Law | Date: | Hits: 105
Abdul Sattar & another Vs. Osimuddin & others, 1988, 17 CLC (HCD)
....d would not help him at all in a bid to file a pre-emption case. "Knowledge" as referred to in sub-section (1) of section 96 of the State Acquisition and Tenancy Act means and includes a definite and complete knowledge in order to qualify the petitioner to file an application under section 96 of the......2.86 and filed the pre-emption case. Opposite party No.1 and opposite party Nos.68-69 filed two separate written objections stating, inter alia, that the case is not maintainable and the same is also barred by limitation. They also denied the petitioner’s claim to be owners of adjoining land of ..Category: Property Law | Date: | Hits: 100
Amalendu Majumder Vs. State, 1996, 25 CLC (HCD)
....1985. Under the said programme Taka 63,595.00 was alloted to the petitioner for reconstruction of an iron bridge adjacent to Kundudaskati Government Primary School. It is alleged that the petitioner completed work upto Taka 34,491.00 and misappropriated the remaining amount of Taka 25,503.00 in his......rned Magistrate is directed to proceed with the case in accordance with law. Send a copy of this order to the lower Court at once. Ed. This Case is also Reported in: 49 DLR (HCD) (1997) 204. ..Category: Criminal Law | Date: | Hits: 97
Jobaida Rashid Vs. State, 1997, 26 CLC (HCD)
....ercation in between the law enforcing agency personnel and the petitioner who went to search the house at an untimely period for finding out the husband of the petitioner and they ransacked the house completely for which the petitioner held a press conference on 25‑10‑96 wherein she placed the i......tan Magistrate, Dhaka accused petitioner Mrs. Jobaida Rashid be enlarged on bail to the satisfaction of the Deputy Commissioner, Dhaka. Ed. This Case is also Reported in: 49 DLR (HCD) (1997) 189...Category: Criminal Law | Date: | Hits: 89
Abdul Jalil Shah and another Vs. Rahima Khatun and others, 1998, 27 CLC (HCD)
....ile thus proceeding the defendant petitioners filed an application on 19-11-95 under Order 1 rule 10 Code of Civil Procedure praying for transposing them into category of the plaintiff for proper and complete adjudication of the suit on the, assertion that the petitioners being co-sharers in possess......th a prayer for dismissal of the suit on compromise leaving no room for the defendant-petitioners to claim any share in the suit property which they legally claim. He lastly contends that there is no bar in transposition of the defendants in the category of plaintiff under Order 1 rule 10 of the Cod..Category: Civil Law | Date: | Hits: 154
Sena Kalayan Sangstha Vs. Haji Sufi Fazal Ahmed and others, 2004, 33 CLC (HCD)
....oing much trouble and hardship procured a Pakistani passport dated 10.2.76 from Sialkot and ultimately came to Bangladesh on 29.9.1976 and swore an affidavit surrendering his Pakistani Passport owing complete allegiance to Bangladesh, but to his utter surprise and dismay he found that his Industry, ......tion of citizenship, it is submitted that in view of the plaintiff's failure to ask for recovery of possession in his earlier suit., O.C. Suit No.131 of 1982, for mere declaration the present suit is barred by constructive res judicata and in view of provisions of Order 2 Rule 2 of the Code of Civil..Category: Property Law | Date: | Hits: 111
Capital Properties Ltd. Vs. Government of Bangladesh and others, 1991, 20 CLC (HCD)
....h other reasons given therein include "any other substantial cause" within the meaning of rule 27(b). This taking of additional evidence is for a substantial cause and will, in our opinion, result in complete justice. In a case reported in AIR 1954 Mad. 848, it has been held that the power to allow ......SC 684; AIR 1939 All. 633. 8. Since the main thrust of arguments centres round the provisions of rules 27, 28 and 29 of Order 41 of the CPC, we propose to quote the rules and discuss them threadbare. 9. Rule 27 of Order 41 of the Code of Civil Procedure provides as follows: "27. (1..Category: Procedural Law | Date: | Hits: 113
Mostain Mollah and others Vs. State, 1990, 19 CLC (HCD)
....he prosecution witnesses, is that owing to long standing enmity, hatred, litigations and murder cases, the informant party out of such grudge and enmity implicated them falsely in this case. They are completely innocent the charge levelled against them. 7. Of these 28 witnesses excluding the f......or he, being a young man, should go to the house of P.W.9 to settle a salish in which he is not at all interested. The visit of P.W.9 to that house appears to be improbable as he himself was not a matbar or a headman and was not called upon by anybody for settling such dispute. Moreover, he failed t..Category: Criminal Law | Date: | Hits: 95
Mostafizur Rahman Vs. Bangladesh and others, 1991, 20 CLC (HCD)
....pointed by the detenu and he resigned himself on 6.12.90 and handed over power to the present Caretaker 'Government for conducting parliamentary election under the Constitution. The whole process was completed with active assistance and co‑operation of the detenu so that the free and fair election......and the affidavit-in‑opposition would be corrected and read as if those names were never mentioned and no such imputation made. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 312...Category: Criminal Law | Date: | Hits: 113
....r of freedom outside the jail. His jail life was continued without any break. The two orders of release were only paper transactions and the detenu was never actually released.
15. So there is a complete admission that this Court's successive orders were not complied with, in full, even belated......e is sentenced to pay a fine of Taka 500/- within one month from date, in default to suffer simple imprisonment for three (3) days.
Ed.
This Case is also Reported in: 41 DLR (HCD) (1989) 508.
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Category: Criminal Law | Date: | Hits: 124
Abu Hena Mostafa Kamal & another Vs. Bangladesh and others, 2011, 40 CLC (HCD)
....e amount of tax due along with the return. Thus, the assessee is to prepare his return of income filing the same on due date under section 83A of the Ordinance. The Deputy Commissioner of Taxes shall complete the assessment under this section. 15. Under the umbrella of self-assessment scheme a te......es impugned against in all the petitions are hereby declared to have been passed without lawful authority and are of no legal effect. Ed. This Case is also Reported in: 63 DLR (HD) (2011) 334. ..Category: Fiscal/Taxation Law | Date: | Hits: 167
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