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Md. Nurul Abser Miah Vs. Kiron Shankar Nandy & others, 1988, 17 CLC (HCD)
....e learned Subordinate Judge in exercise of his judicial discretion. In the result, the Rule is discharged without any order as to costs. Ed. This Case is also Reported in: 41 DLR (1989) 148. ......nto a contract for sale with beneficial owner can maintain a suit for specific performance of contract against the certified purchaser on the ground that the latter was the benamidar of his vendor in view of the provisions of section 66(1) of the Code of Civil Procedure. The learned Judges held ..Category: Procedural Law | Date: | Hits: 70
M/s. Nawab Askari Jute Mills Ltd. & others Vs. Giasuddin Ahmed, 1988, 17 CLC (HCD)
....ated. Let the suit proceed in accordance with law. In the facts and circumstances of the case there will be however no order as to cost. Ed. This Case is also Reported in: 41 DLR (1989) 144. ......launch by the opposite party and that it was a suit for recovery of the possession of the said launch in the guise of a suit for mandatory injunction. The defendant-petitioners further said that in view of this, the said court had no pecuniary jurisdiction to entertain and try the suit and it wa..Category: Civil Law | Date: | Hits: 159
Dr. Mohammad Golam Kibria Vs. Nurun Nahar Begum & others, 1989, 18 CLC (HCD)
....resent application filed by the petitioner. For the reason stated above, the application is allowed and it is accordingly disposed of. Ed. This Case is also Reported in: 41 DLR (1989) 143. ......justice that the name of deceased opposite-party No.1 Nurun Nahar Begum is to be deleted and her heirs are to be added as opposite-parties in the application. Being in respectful agreement with the view expressed by the learned Chief Justice I am of the opinion that this Court is not precluded fro..Category: Procedural Law | Date: | Hits: 81
Md. Torab Ali Vs. Bangladesh Textile Mills Corporation & another, 1989, 18 CLC (HCD)
....pondents still prefer to differ from the enquiry officer. In the result, the Rule Nisi is made absolute but without any order as to costs. Ed. This Case is also Reported in: 41 DLR (1989) 138.......thing has been produced to show that the said Mr. Md. Yeasin was examined as a prosecution witness in the absence of the petitioner or that he was not allowed to cross-examine Mr. Md. Yeasin. In that view of the matter we do not think that the enquiry before the enquiry officer was vitiated by any f..Category: Employment/Service Law | Date: | Hits: 73
Amar Kumar Nag @ Ratu Nag Vs. State, 1989, 18 CLC (HCD)
....ismissed with the conviction and sentence altered as above. Communicate the result to the court below and send the records expeditiously. Ed. This Case is also Reported in: 41 DLR (1989) 134. ...... Code and not under section 325. That being the position, the accused should not have been convicted and sentenced under section 325 of the Penal Code but under section 323 of the Penal Code. In that view of the matter, he is found guilty under section 323 of the Penal Code and his conviction is thu..Category: Criminal Law | Date: | Hits: 35
Trading Corporation of Bangladesh Vs. MV Corina & others, 1988, 17 CLC (HCD)
....The compliance of service is to be filed within two weeks thereafter. The plaint be returned to the learned Advocate of the plaintiff. Ed. This Case is also Reported in: 41 DLR (1989) 127 ...... derived from the Letters Patent of 1862 or that of 1865, but from the Colonial Courts of Admiralty Act (India) of 1891 of England. The latter Act is not on our statute book but it is administered in view of the combined operation of sub-section (2) of section 2 of the Colonial Courts of Admiralty..Category: Admiralty Law or Maritime Law | Date: | Hits: 175
Moslemuddin Dhali & others Vs. Helaluddin Dhali & others, 1988, 17 CLC (HCD)
....abuse of the process of any Court and no case of securing the ends of justice have been made out. In the result, the Rule is discharged. Ed. This Case is also Reported in: 41 DLR (1989) 120. ......ul Malek further submits that the learned Additional Sessions Judge has, in fact, quashed the proceedings under section 145 of the Code of Criminal Procedure and this power is not available to him in view of the decision of the High Court Division in the case of Mahmudul Haq Vs. Golam Moula and anot..Category: Criminal Law | Date: | Hits: 32
Wahid Halder Vs. Election Commission & others, 1988, 17 CLC (HCD)
....r. In that view of the matter this Rule is discharged without any order as to costs. The order of stay granted by this Court is vacated. Ed. This Case is also Reported in: 41 DLR (1989) 119....... aside and this impugned order was passed declaring fresh poll in respect of that union. 2. The learned Advocate appearing on behalf of the petitioner submits that the Election Commission cannot review its own order and relics on two decisions in support of his submission, PLD 1963 Lahore 54 an..Category: Election Law | Date: | Hits: 80
Md. Monirul Hoq Vs. Government of Bangladesh, 1988, 17 CLC (HCD)
....avour of the resolution in question. Thus having regard to legal aspect of the matter I fully concur with finding of my learned brother. Ed. This Case is also Reported in: 41 DLR (1989) 108.......und from Oxford Advance Learner's Dictionary of Current English, compiled by A.H. Hornby, 3rd Edition. It has also been translated in the Oxford Concise Dictionary "by virtue of office." In any view of the matter unless one is in the position of a Chairman of the Union Parishad he is not ent..Category: Election Law | Date: | Hits: 92
....titioner for him to apply for leave before the Appellate Division the order of this court is stayed for a period of 2 (two) months from date.
Ed.
This Case is also Reported in: 41 DLR (1989) 103.......at the petitioner was a defaulter. This concurrent finding of fact having been found, by the courts below causing no error of law either by a misreading of the evidence on record or by taking a wrong view of the law, I find nothing to interfere with the same in this Revisional jurisdiction of this c..
Category: Property Law | Date: | Hits: 28
Md. Mokbul Hossain Vs. Md. Umar Ali and others, 2009, 38 CLC (HCD)
....witnesses of the pre-emptees, the learned Single Judge acted wrongly in refusing to exercise his revisional jurisdiction in a case where due to non-consideration of the material evidence on record an erroneous decision has been arrived occasioning a grave failure of justice”. 9. Another decisio......ed that admittedly the preemptor is brother of the seller and a co-sharer by inheritance in the case holding and on the basis of such fact the preemption was allowed on the concurrent findings and in view of such position of law, this court needs not interfere as the issues has been settled upon pro..Category: Property Law | Date: | Hits: 36
Ramjan Ali Sowdagar and Ashraf Ali Khan Waqf Estate Vs. Most. Ayesha Khatoon, 2010, 39 CLC (AD)
....und by the High Court Division. In the premises, we do not find any merit in this petition. The petition is accordingly dismissed. End. This Case is also Reported in: VII ADC (2010) 926. ......rein and as such there is no ground to interfere. The reference given by the learned Advocate for the opposite party has force and substance and are applicable in this case." 12. And we are of the view that the High Court Division has considered the case correctly and in accordance with law. We a..Category: Trust/Waqf Law | Date: | Hits: 194
Md. Nurun Nobi Vs. Khondaker Moklesur Rahman and others, 2010, 39 CLC (AD)
....ition to interfere with the impugned judgment and order passed by the High Court Division. The leave petition is accordingly dismissed. Ed. This Case is also Reported in: VII ADC (2010) 917....... 6. The Trial Court on consideration of the materials and evidence on record and the submissions of the learned Advocate of the contesting parties decreed the suit observing, amongst others, that in view of the transfer of suit property by Abdul Aziz Khan, the defendant No.3, to the plaintiff vide ..Category: Property Law | Date: | Hits: 31
Nurul Hoque Vs. Aminur Rahman Chowdhury and others, 2009, 38 CLC (AD)
.... decision. In that view of the matter we do not find any merit in the leave petition. Accordingly this leave petition is dismissed. Ed. This Case is also Reported in: VII ADC (2010) 909. ......he impugned judgment suffers from surmises and conjectures. Having considered the facts and circumstances of the case we do not find any illegality or infirmity in the impugned decision. In that view of the matter we do not find any merit in the leave petition. Accordingly this leave petitio..Category: Election Law | Date: | Hits: 96
Shah Alam (Md.) Vs. Abdul Hashem Bepari and others, 2000, 29 CLC (HCD)
....intiff shall be at liberty to get the decree executed through the Court in accordance with law. Send down the lower Court records at once. Ed. This Case is also Reported in: 54 DLR (2002) 550.......ules of pleadings and on illegal and irrelevant considerations and the same has resulted in error in the impugned decision occasioning failure of justice. The learned Advocate further submits that in view of the proved fact that he paid to defendant No.1 Taka 50,000 as back as in 1983 and the latter..Category: Civil Law | Date: | Hits: 81
Solaiman (Md.) and others Vs. Md. Mosharaf Hossain Khan and others, 2002, 31 CLC (HCD)
....heir service book. A copy of this judgment be sent to the Secretary, Ministry of Sport and Ministry of Establishment for necessary action. Ed. This Case is also Reported in: 54 DLR (2002) 531....... law and must be rejected. 6. Mr. Mahbubey Alam, the learned Counsel appearing for the contemner respondent, raised a preliminary objection as to the maintainability of the writ petition itself in view of the fact that the Bangladesh Swimming Federation is not a statutory organisation therefore, ..Category: Civil Law | Date: | Hits: 70
Syed Mahmudur Rahman alias Rumi Vs. State, 2009, 38 CLC (AD)
.... on record dismissed the appeal and there is no cogent reason to call for any interference by this Division. The petition is dismissed. Ed. This Case is also Reported in: VII ADC (2010) 888.......which only the offence under section 107/117(c)/114 of Code of Criminal Procedure was mentioned. As it appears the depositions of the P.W.s certainly disclosed attempt for extortion. We are of the view that the judgment of the High Court Division on consideration of the evidence and other materia..Category: Criminal Law | Date: | Hits: 31
Zakir Hossair alias Tota Mia Vs. State, 2009, 38 CLC (AD)
....ify the accused in a positive manner, the High Court Division and the trial Court totally failed to evaluate the entire facts, circumstances and evidence on record in the right direction leading to erroneous decision; that the High Court Division was wrong in passing the impugned judgment and orde......used though they had specific overt act in this case. The High Court Division found that the death of victim Idris Ali was due to the injuries caused by these appellants, with which we agree. In view of the above, we find no substance in the submissions of the learned Advocate for the petitio..Category: Criminal Law | Date: | Hits: 40
State Vs. Masum and others, 2010, 39 CLC (AD)
....ses to prove their case in the tribunal. The defence examined none. 5. Mr. AKM Zohirul Huq, learned Additional Attorney General, appearing for the petitioner submitted that the High Court Division erroneously decided and passed the impugned order granting bail to the accused-respondents and as su....... but the High Court Division failed to consider this legal as well as material aspect and thereby came to a wrong and illegal finding which caused a miscarriage of justice. In view of the above, the submissions of the learned Additional Attorney General for the petitioner des..Category: Criminal Law | Date: | Hits: 47
Md. Ruhul Amin and others Vs. Mohammad Forkan Ullah and another, 2010, 39 CLC (AD)
.... month. The preparation of paper books is dispensed with as prayed for. The petitioners are permitted to add the additional grounds. Ed. This Case is also Reported in: VII ADC (2010) 880.......me day from the same stamp vendor, the Courts below rightly held the exchange deed to be a sham document and the High Court Division was wrong in reversing the said finding of fact in revision. In view of the above, the submissions of the learned Counsel for the petitioners deserve consideration...Category: Property Law | Date: | Hits: 52
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