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Md. Chand Miah and others Vs. Md. Ibrahim and others, 2006, 35 CLC (HCD)
....tands vacated. 24. Communicated the order at once with a copy of the Judgment for information and taking necessary action. Ed. This Case is also Reported in: 15 BLT (HCD) (2007) 306. ......d should not slake its Judgment on the opinion formed or view taken upon resorting to risky or in other words unsatisfactory and dangerous procedure." 19. Having regard to the facts and the principle enunciated in the above cases we hold that the plaintiff petitioners should be given chanc......ak Chandra Majhi Vs. Atahar Ali Howlader and others, 13 BLT (AD) 3. Lawyers Involved: Mahbubey Alam, Senior Advocate with Samarendra Nath Biswas, Advocate - For the petitioners. No one for opposite party Nos.1-5 Mr. N.K. Shaha, Advocate - For added, opposite party Nos.6-14. Civil......tands vacated. 24. Communicated the order at once with a copy of the Judgment for information and taking necessary action. Ed. This Case is also Reported in: 15 BLT (HCD) (2007) 306. ..Category: Evidence Law | Date: 8 Aug, 2006 | Hits: 25
....992 is hereby affirmed.
Send down the lower Court's records at once with a copy of this judgment for information.
Ed.
This Case is also Reported in: 26 BLD (HCD) (2007) 488.
......992 is hereby affirmed.
Send down the lower Court's records at once with a copy of this judgment for information.
Ed.
This Case is also Reported in: 26 BLD (HCD) (2007) 488.
......hellip;….Opposite Parties
Judgment
July 24, 2006.
Result:
The Rule is discharged.
Lawyers Involved:
No one appears-For the Petitioner.
N. A. Chisty, Advocate for Md. Hasan, Advocate-For the Opposite Parties.
Civil Revision No.2275 of 1994.
Judgmen......contesting defendants a chance to get the deed of sale dated 19.12.1917 perforated to have been executed by Sarat Sundari Chowdhurani in favour of Dijendra Lal Roy examined by hand writing expert for determination of its genuineness and also giving the parties a chance to adduce further evidenc..
Category: Abandoned Properties Law | Date: 24 Jul, 2006 | Hits: 21
Nani Gopal Hazra Vs. Sree Nagendar Nath Roy and others, 2006, 35 CLC (HCD)
....missing the same is set aside and the Misc. case No.58 of 1972 is allowed. Send down the Lower Court's Record at once. Ed. This Case is also Reported in: 26 BLD (HCD) (2007) 540. ......ature of a right of property; her position is that of owner, her powers in that character are, however limited but...so long as she is alive no one has any vested interest in the succession. The principles relating to the nature of a widow's estate were reiterated by the Supreme Court in th......ted against the judgment and order dated 29.09.1988 passed by the learned District Judge, Rajshahi, in Misc. Case No.188 of 1982 dismissing the same on contest under section 263 of the Succession Act for revocation of the grant of Probate by Mokshada Bala Dasya (deceased) as granted by the District ......the impugned judgment assigning sound and good reasons and there is no reasons for setting aside the impugned judgment of the learned District Judge which shall be upheld. 19. The point for determination is whether the judgment and order dated 29.09.1988 passed by the learned District Judg..Category: Hindu Law, Property Law | Date: 19 Jul, 2006 | Hits: 15
Nirmalandu Nath Majumder Vs. State, 2006, 35 CLC (HCD)
....ass Appeal No.256 of 1984 is hereby affirmed. Send down the lower court records at once along with a copy of the judgment. Ed. This Case is also Reported in: 26 BLD (HCD) (2007) 493. ...... been held that.....there may be thousands of defects in the documents of the defense as well as their case but that does not entitle the plaintiff to get a decree. 11. It is an established principle of law that the appellate court is the final court of facts and the decision on question o...... by the Subordinate Judge, Netrokona in other Class Suit No.310 of 1981 decreeing the suit on contest. 2. The plaintiff filed Other Class Suit No.310 of 1981 against defendant nos.1-3 and others for declaration of his raioti right in the land described in the schedule of the plaint (hereinafter......ass Appeal No.256 of 1984 is hereby affirmed. Send down the lower court records at once along with a copy of the judgment. Ed. This Case is also Reported in: 26 BLD (HCD) (2007) 493. ..Category: Procedural Law | Date: 2 Jul, 2006 | Hits: 3
Syed Jasimuddin and others Vs. Moulana Abu Musa Siddique & others, 2006, 35 CLC (HCD)
....d in the body of this judgment. Let the lower Court records along with a copy of this judgment be sent down at once. Ed. This Case is also Reported in: 61 DLR (HCD) (2009) 518. ......reported in 48 DLR (AD) 130 referred to by Mr. MA Jalil may be gone into. It transpires that the facts and circumstances of that case are quite distinguishable from those of the instant case. So, the principle that has been enunciated in that decision that the landlords had in their hands unadjusted...... may seem fit and proper. 2. The Rule is opposed on behalf of the opposite-parties. 3. The opposite-parties as plaintiffs instituted SCC Suit No. 2 of 1997 against the defendant-petitioners for ejectment, realization of the arrear rents and compensation to the tune of Taka 6900. The case o...... 6. As against the judgment and decree of the Court of first instance, the defendant-petitioners have preferred the instant Civil Revision and obtained the present Rule. 7. The only point for determination in this Rule is, whether the impugned judgment and decree passed by the SCC Judge are ..Category: Civil Law | Date: 2 Jul, 2006 | Hits: 4
Abdul Mannan Khan (Md.) Vs. Bangladesh and others, 2006, 35 CLC (HCD)
....te a copy of the judgment and order at once to the concerned authority for information and necessary action in accordance with law. Ed. This Case is also Reported in: 13 BLC (HCD) (2008) 657. ......947 and Criminal Law Amendment Act, 1958 and the Penal Code, the provisions of Article 20(2) of the Constitution of the People's Republic of Bangladesh has to be considered which provides for general principle of prohibition of unearned income. 23. We have perused the writ petition and supplement......ent No.4. Writ Petition No.804 of 2001. Judgment MM Hossain J.- This Rule was issued calling upon the respondent Nos. 1 and 3 to show cause as to why they should not be directed to perform their statutory duties and functions for realising the remaining fine amount of Taka 2,74,35,00...... in writing it considers it necessary to do so. (2) The [Government] may make rules regulating the manner in which warrants under sub-section (1) clause (a), are to be executed and for the summary determination of any claims made by any person other than the offender in respect of any property at..Category: Criminal Law | Date: 25 May, 2006 | Hits: 43
....
In the result, the
Rule is discharged.
Communicate the
judgment and order immediately to the parties concerned.
Ed.
This Case
is also Reported in: 28 BLD (HCD) (2008) 57.
......quiry in the
matter of Wonderland Toys Ltd. as connected facts. Secondly the enquiry
proceeding being a fact finding process does not require service of any prior
notice either under the settled principle of law or under the provisions of section
21 of the Securities and Exchange Ordinance. Th......hts and liabilities of the parties. In the absence
of any relevant express terms their obligations must be regulated by rules of
law applicable to the relationship of principal and agent. In the performance
of his undertaking the agent must act in accordance with the authority which
has been giv......
In the result, the
Rule is discharged.
Communicate the
judgment and order immediately to the parties concerned.
Ed.
This Case
is also Reported in: 28 BLD (HCD) (2008) 57.
..
Category: Business or Commercial Law | Date: 9 May, 2006 | Hits: 6
Md. Zulfikar Mahmud Vs. National University and others, 2006, 35 CLC (HCD)
....d to implement this order as per rules within 30 days from the date of receipt the copy of this judgment and report compliance. Ed. This Case is also Reported in: 26 BLD (HCD) (2007) 495. ......intended to prolong mental sufferings of the petitioner. Such conduct of the Respondents is tantamount to non-application of mind and colourable exercise of power which is clear violation of the principle of natural justice. 15. It appears that no charge was framed against the petitioner n......hy a declaration should not be made to the effect that the petitioner was and continue to be in service with all attended benefits of pay and others service benefits. 2. The short facts relevant for the purpose of the case are that the petitioner obtained the degree of M.S.C from Rajshahi Unive......d to implement this order as per rules within 30 days from the date of receipt the copy of this judgment and report compliance. Ed. This Case is also Reported in: 26 BLD (HCD) (2007) 495. ..Category: Employment/Service Law | Date: 18 Apr, 2006 | Hits: 2
Rafiqul Islam (Md.) Vs. State, 2006, 35 CLC (HCD)
.... the same bail granted by the Tribunal till disposal of the case. Let the copy of the judgment be set down at once. Ed. This Case is also Reported in: 58 DLR (2006) 244, 26 BLD (HCD) (2006) 96. ......y be defeated if withdrawal of suit is made a condition for bail. In the instant case, the impugned order for withdrawal of the suit as a condition for bail is not supportable either in law or on the principle of reasonableness. 10. In the result, the Rule is made absolute. We set aside the port......or Assistant Judge, Sundarganj, Gaibandha bearing Other Suit No. 145 of 2004 stating that he went to the victim's house on 8-6- 2003 and then the relatives of the victim confined him in the house and forcibly took signature in the book of Nikah Registrar for creating a Nikanama. The alleged marriage...... the same bail granted by the Tribunal till disposal of the case. Let the copy of the judgment be set down at once. Ed. This Case is also Reported in: 58 DLR (2006) 244, 26 BLD (HCD) (2006) 96. ..Category: Women and Children | Date: 13 Feb, 2006 | Hits: 98
Md. Abdul Hannan alias Khalil Vs. Sate and another, 2006, 35 CLC (HCD)
.... Send down the lower Court's records at once with a copy of the judgment for information and for taking necessary action. Ed. This Case is also Reported in: 13 MLR (HCD) (2008) 291. ...... Send down the lower Court's records at once with a copy of the judgment for information and for taking necessary action. Ed. This Case is also Reported in: 13 MLR (HCD) (2008) 291. ......n Case No.43 of 1997 convicting the appellant under section 6(1) of the Nari-O-Shishu Nirjatan (Bishesh Bidhan) Ain, 1995 (hereinafter referred as Ain, 1995) and sentencing him to suffer imprisonment for life and further convicting him under section 9(ga) of the Ain, 1995 and sentencing him to suffe......y and married him. She also admitted that the appellant had sexual intercourse with her. This she impliedly admitted that the appellant took her to his house to marry her. 22. The moot point for determination whether the victim was minor, that is below 16 years, at the relevant time. If it is f..Category: Women and Children | Date: 7 Feb, 2006 | Hits: 78
Moju Bibi and others Vs. Abdul Aziz and others, 2006, 35 CLC (HCD)
.... order as to cost. The judgments and decrees of the courts below are upheld. The lower Courts record be sent down at once. Ed. This Case is also Reported in: 26 BLD (HCD) (2007) 639. ......cate for the opposite party submitted that both the courts below passed sound judgments and decrees. He further submitted that the suit was not maintainable since barred by limitation and hit by principle of res judicata. He against submitted giving a short back ground of the suit land that one......urt, Comilla, in Title Appeal No.328 of 1992 affirming those dated 26-09-1992 passed by the learned Senior Assistant Judge, Sadar, Comilla, in Title Suit No.2 of 1991. 2. The facts involved for disposal of the rule are as follows: 3. The petitioner as plaintiff instituted Title S...... order as to cost. The judgments and decrees of the courts below are upheld. The lower Courts record be sent down at once. Ed. This Case is also Reported in: 26 BLD (HCD) (2007) 639. ..Category: Property Law, Procedural Law | Date: 25 Jan, 2006 | Hits: 5
M. Manzur Ahmed Vs. Mrs. Inge Flatz and others, 2005, 34 CLC (HCD)
.... liberty to get the sale deed executed and registered through court in accordance with law. Send down the L.C.R. at once. Ed. This Case is also Reported in: 26 BLD (HCD) (2007) 41. ......e, of the view that the plaintiff is entitled to a decree for specific performance of contract in respect of the suit property. It will be in the fitness of things and quite in consonance with the principle of justice, equity and good conscience to decree the suit. The learned Subordinate Judg...... Mrs. Inge Flatz and others…………………………………….Respondent Judgment December 15, 2005. Result: The Appeal is allowed. Where a suit is brought for specific performance of contract, it is to be seen whether the plaintiff have been able to prov......and decree dated 16.08.2001 passed by the learned Subordinate Judge, Additional court, Dhaka, are quite justified which does not call for any interference by this court. 26. The only point for determination in the appeal is whether the learned Subordinate Judge was justified in passing the ..Category: Property Law | Date: 15 Dec, 2005 | Hits: 8
....med to have been in her service in the post of Lecturer in
Economics.
Send down the lower Court records at
once.
Ed.
This Case is also Reported in: 26 BLD (HCD)
(2007) 66.
......l address available with the
college authority, etc. Mr. Rahman submits that the impugned order of
dismissal of the plaintiff-petitioner is illegal, without lawful authority and
violative of the principle of natural justice having been passed without giving
her any opportunity of being heard. ...... those dated 15.4.02 passed in Other Suit
No.5/2000 by the learned Assistant Judge, Fulsuri, Gaibandha should not be set
aside.
2. The petitioner as plaintiff
instituted the suit on 29.2.2000 for declaration that the order of dismissal
from her service passed by the authority of Kanchipar......med to have been in her service in the post of Lecturer in
Economics.
Send down the lower Court records at
once.
Ed.
This Case is also Reported in: 26 BLD (HCD)
(2007) 66.
..
Category: Employment/Service Law | Date: 6 Dec, 2005 | Hits: 6
State Vs. Maku Rabi Das, 2005, 34 CLC (HCD)
....d. Connected jail appeal stands dismissed accordingly. Send down the LCRs along with copy of the judgment to the Court below immediately. Ed. This Case is also Reported in: 58 DLR (2006) 229.......o be consistent and unimpeachable, and the defence side could not even cross-examine her with reference to the earlier 161 statements to bring any omission or contradiction. It is also an established principle of law that it is not the quantity but the quality of evidence is necessary to be consider......l Appeal No.611 of 2003. Judgment Khondker Musa Khaled J. - This is a reference under section 374 of the Code of Criminal Procedure, made by the learned Additional Sessions Judge, Habiganj, for confirmation of death sentence imposed upon the condemned prisoner Maku Rabi Das, on his convict......d. Connected jail appeal stands dismissed accordingly. Send down the LCRs along with copy of the judgment to the Court below immediately. Ed. This Case is also Reported in: 58 DLR (2006) 229...Category: Criminal Law | Date: 21 Nov, 2005 | Hits: 82
Jabbar and others Vs. State, 2005, 34 CLC (HCD)
....d down the lower Court's records at once with a copy of this judgment, for information and taking necessary action. Ed. This Case is also Reported in: 26 BLD (HCD) (2007) 29. ......d down the lower Court's records at once with a copy of this judgment, for information and taking necessary action. Ed. This Case is also Reported in: 26 BLD (HCD) (2007) 29. ......rder dated 19.1.1997 passed by the Sessions Judge, Gopalganj in Sessions Case No.33 of 1996 convicting the appellants under section 302 of the Penal Code and sentencing them to suffer imprisonment for life and to pay a fine of TK. 10,000/- each, in default of payment of which to suffer further r......o ground for interference with the impugned judgment and order of conviction and sentence. 8. In order to appreciate the above submissions of the learned Counsels for both the sides and for determination whether it is proved by the evidence on record that the appellants in furtherance o..Category: Criminal Law | Date: 18 Oct, 2005 | Hits: 3
World Tel Bangladesh Ltd. Vs. Bangladesh, 2006, 35 CLC (AD)
.... reasons assigned by the High Court Division in the impugned order, we do not find any illegality with the impugned judgment for our interference. The petition is, accordingly, dismissed. Ed. ......within the meaning of section 23 of the Contract Act, it has been held that: "the question whether a contract or a term of a contract is opposed to public policy or not is to be decided on general principles only. Such a. contract was immoral and opposed to public policy. Although a marriage when......nnek R Haque, Advocate (Joynal Abedin, Advocate with him), instructed by AKM Shahidul Huq, Advocate-on-Record—For Respondent No. 1. Not Represented—Respondent Nos. 1, 3-6. Civil Petition for Leave to Appeal No. 815 of 2005. (From the judgment and order dated 23rd April 2005 passed by...... reasons assigned by the High Court Division in the impugned order, we do not find any illegality with the impugned judgment for our interference. The petition is, accordingly, dismissed. Ed. ..Category: Information Technology Law | Date: 25 Aug, 2005 | Hits: 331
....cumstances we do not
find any substance in this Rule. Accordingly the Rule is discharged without any
order as to cost.
Ed.
This Case is also Reported in: 26 BLD (HCD)
(2007) 20.
......cision-maker cannot complain if he is held to have had
no rational reason for deciding differently, and that in the absence of reasons
he is in danger of being held to have acted arbitrarily". This principle
as he submits, has been considered in the reported case of Tata Cellular
Vs. Union of ......to why they should not be directed to issue Purchase Order in
favour of the petitioner or to hold Re-Tender/Fresh Tender in connection with
International Tender No.02 of 2004-2005 dated 9.12.2004 for procurement of
Deck Mounted 360 steerable Outboard Propulsion Unit Powered by 200-220 BHP
Ma......cumstances we do not
find any substance in this Rule. Accordingly the Rule is discharged without any
order as to cost.
Ed.
This Case is also Reported in: 26 BLD (HCD)
(2007) 20.
..
Category: Others | Date: 15 Aug, 2005 | Hits: 6
Bangladesh Legal Aid and Service Trust (BLAST) Vs. Bangladesh & another, 2005, 34 CLC (HCD)
....VI of 2003), is declared unconstitutional and void. 45. In the result, the Rule is made absolute but without an order as to costs. Ed. This Case is also Reported in: 15 BLT (HCD) (2007) 156. ......t, no separate designation of these areas also is necessary for involving more than one district, then only a designation of that area as an administrative unit will be necessary." Elaborating the principle in respect of an 'administrative unit', his Lordship held at para-29: "29. For true con...... Sharker is a parallel body to the elected body of the Union Parishad, rather, it is its supporting body, created in order to assist the development work, maintenance of law and order and constituted for smooth functioning of the Union Parishad, that the Gram Sharker would only assist the Upazila Pa......VI of 2003), is declared unconstitutional and void. 45. In the result, the Rule is made absolute but without an order as to costs. Ed. This Case is also Reported in: 15 BLT (HCD) (2007) 156. ..Category: Constitutional Law | Date: 2 Aug, 2005 | Hits: 343
....d be discharged as being not maintainable.
In the result, both the writ petitions are discharged without, any order as to costs.
Ed.
This Case is also Reported in: 57 DLR (2005) 609.
......e Tribunal exclusively. In a number of decisions our apex court decided this issue which is no longer res integra.
within its jurisdiction, the Tribunal can strike down an order for violation of principle of natural justice as well as for infringement of fundamental rights, guaranteed by the Co......the Administrative Tribunal exclusively. In a number of decisions our apex court decided this issue which is no longer res integra.
within its jurisdiction, the Tribunal can strike down an order for violation of principle of natural justice as well as for infringement of fundamental rights, gua......d be discharged as being not maintainable.
In the result, both the writ petitions are discharged without, any order as to costs.
Ed.
This Case is also Reported in: 57 DLR (2005) 609.
..
Category: Administrative Law, Employment/Service Law | Date: 24 Jul, 2005 | Hits: 8
Ashraful Alam (Md.) Vs. State, 2005, 34 CLC (HCD)
....re inextricably intertwined. If this is not so, the Court must separate the grain from the chaff. Every piece of evidence has to be subjected to the test of objectivity. Fabric of truth should be the guiding factor. It is the duty of the Court to disengage the truth from falsehood. The Court has to ...... case in connivance with some of her enemies, that he is quite innocent and that he has not committed any offence under section 6(5)(b) of the Muslim family Laws Ordinance,1961. 18. The cardinal principles of criminal jurisprudence as regard burden of proof are well settled namely, (i) tha......, First Class, Nawabganj in CR case No.39 of 1993 convicting the petitioner under section 6(5)(b) of the Muslim Family Laws Ordinance, 1961 and sentencing him thereunder to suffer simple imprisonment for 5(five) months. 2. The short facts relevant for the disposal of this revision are that the ......sing judgment and order of conviction, dismissed the same and thereby upheld the judgment and order dated 2‑7‑1997 passed by the learned Magistrate, First Class, Nawabgonj. 11. The point for determination is, whether the learned Additional Sessions Judge, Nawabgonj is justified in passing t..Category: Family Law | Date: 4 Jul, 2005 | Hits: 2
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