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Matasim Ali Chowdhury Vs. Md. Ismail, 2001, 30 CLC (HCD)
....ule stands discharged. Order of stay recorded by this Court at the time of issuance of Rule dated 5-11-2000 stands vacated. No costs. Ed. This Case is also Reported in: 54 DLR (2002) 104. ...... acres of property is the subject matter of the suit and the demarcation boundary through survey would not play any role in reaching to any decision in the suit. Learned Assistant Judge also took the view that the suit is of 18 years old and the proceeding of the suit would be prolonged by allowing ..Category: Administrative Law | Date: | Hits: 236
Bhashani Mondal Vs. Md. Abdus Sukur and others, 2010, 39 CLC (AD)
....In view of our discussions made above the appeal is allowed without any order as to cost. Ed. This Case is also Reported in: 18 BLT (AD) (2010) 497; 8 LG (AD) (2011) 25; 64 DLR (AD) (2012) 84. ......eported in AIR 1979 SC 1708 wherein Indian Supreme Court held that the science of identifying thumb impression is an exact science and does not admit of any mistake or doubt. We endorse the aforesaid view. 22. We find substance in the submission. The court of appeal below rightly relied upon the ..Category: Property Law | Date: | Hits: 39
Ratan Chandra Karmaker. Vs. Afsar Ali, 1987, 16 CLC (HCD)
....end down the records to the court of Munsif at an early date. In the facts and circumstances of the case there will be no order as to costs. Ed. This Case is also Reported in: 40 DLR (1988) 147....... the service by examining the process server at the trial to prove that the service under Order 5 of rule 17 C.P.C. was in accordance with law." 13. I am in respectful agreement with the above view which supports the view I have taken hereinbefore and find further that examination of the pr..Category: Procedural Law | Date: | Hits: 66
Aminul Huq & others Vs. State and another, 1987, 16 CLC (HCD)
....hing to interfere with the impugned order. The Rule is, therefore, discharged. The stay order issued earlier on 28.11.85 is hereby vacated. Ed. This Case is also Reported in: 40 DLR (1988) 144. ......m 22.5.85. Here also it is found that the learned A.D.M. failed to discharge his duties as a Magistrate on 3 occasions. That means upto 30.6.85 in all only 81 working days have been consumed. In that view of the matter we hold that 90 working days has not expired on 30.5.85 as submitted by the learn..Category: Criminal Law | Date: | Hits: 26
Ekramaul Hoq, alias Tuku and Ors. Vs. State, 1987, 16 CLC (HCD)
....n verbal information from lawyers. Send a copy of the judgment to the court below at an early date. D.M. Ansaruddin Ahmed J. - I agree. Ed This Case is also Reported in: 40 DLR (1988) 139.......ys. 11. What is meant by the expression "working days". The said expression, however, had not been defined anywhere in the code. This matter is not above controversy as it appears that different views had been taken by the different Benches of our court in interpreting the expression "working..Category: Criminal Law | Date: | Hits: 30
Md. Shahjahan Ali Vs. The Chairman, Labour Court, Rajshahi, 1987, 16 CLC (HCD)
.... For all these reasons we do not find any substance in this rule. The rule is, accordingly, discharged without any order as to costs. Ed. This Case is also Reported in: 40 DLR (1988) 132. ......e allowed or should not be allowed is, therefore, within the discretion of that court. Of course, in exercising the discretion the court has to act in a spirit of fairness and justice. 7. This view of ours is in accordance with the view of a Division Bench of this Court in the case of Manager..Category: Labour and Industrial Law | Date: | Hits: 124
Nurul Islam & others Vs. State, 1986, 15 CLC (HCD)
....m. It is directed that they should be set at liberty forthwith, if not wanted in any other connection. Sultan Hossain Khan J. - I agree. Ed. This Case is also Reported in: 40 DLR (1988) 122. ......ement made in cross-examination contradicts the statement made in the chief the entire evidence of the witness should be left out of consideration. This broad proposition of law for taking such view has no sanction of law. Even if any part of the evidence of a witness is believed that part can..Category: Criminal Law | Date: | Hits: 27
Md. Makbul Hossain & others Vs. Sree Shibu Pada Dam, 1987, 16 CLC (HCD)
....ge has rightly rejected their application. The rule is, therefore, discharged without any order as cost. Mustafa Kamal J. - I agree. Ed. This Case is also Reported in: 40 DLR (1988) 120. ......of probate.” 9. In the case of Sreemati Charubala Shen Gupta vs. Abul Hashem and others reported in 33 DLR (AD) 254, the Appellate Division of the Supreme Court of Bangladesh has held the same view. The relevant portion of the said decision reads as follows:- “The interest in the estate ..Category: Property Law | Date: | Hits: 54
M.A. Hai and others Vs. Trading Corporation of Bangladesh, 1987, 16 CLC (HCD)
.... cases. In the result, all the Rules are discharged but without any order as to costs. Mohammad Ismail Uddin Sarker J.- I agree. Ed. This Case is also Reported in: 40 DLR (1988) 109. ......ghts. 16. The petitioner M.A. Hai appealed and in reversing the aforesaid decision of the High Court Division, the Appellate Division held in the said reported decision in 32 DLR (AD) 46 that in view of the elaborate proceeding taken under the Rules of 1976, the contentions of the Trading Corpo..Category: Employment/Service Law | Date: | Hits: 80
Sonali Bank Vs. Rana Oil Mill and ors., 1999, 28 CLC (HCD)
....inst the bank. The learned Advocate submitted that the trial Court has illegally passed the decree in part of Taka 5, 67,540.00 only disallowing the amount as prayed in the plaint including interests erroneously and that the plaintiff-bank is entitled to get a decree of the full amount as prayed for......rs. But the plaintiff has brought the suit only after six years after the disbursement of first instalment of the loan which is long before the maturity of the loan in both the cases as aforesaid. In view of the facts, evidence and materials on record of the case, we are inclined to accept the afore..Category: Civil Law | Date: | Hits: 85
.... disposed of with the above observations. Send down the record. Communicate copy of this judgment to the respondent No. 3 for compliance.
Ed.
This Case is also Reported in: 54 DLR (2002) 88.
......o be investigated.”
4. From the newspaper report, it appears that there are allegations of corruption and abuse of power mainly against respondent No.1 and the offence, if any, comes within purview of the offence as contained in schedule to the Prevention of Corruption Act, 1947 and schedule..
Category: Anti-Corruption Laws | Date: | Hits: 178
Begum Khaleda Zia Vs. Government of Bangladesh and others, 2010, 39 CLC (HCD)
....his day to the petitioner to vacate the house in question. Sheikh Hassan Arif J.- I agree. Ed. This Case is also Reported in: 30 BLD (HCD) (2010) 597, 63 DLR (2011) 385, 8LG (2011) HCD 189. ......t all that since the original allottee died and his heirs as civilians continued living in that bungalow that bungalow no more remained under the occupation of the military authority. However, in view of above discussion it is evident that the land in question is clearly class A-1 land according..Category: Property Law | Date: | Hits: 88
State Vs. Shahin and others, 2009, 38 CLC (AD)
....cision and there is no illegality or infirmity in the above decision so as to call for any interference. The petition is dismissed. Ed. This Case is also Reported in: 18 BLT (AD) (2010) 465. ......hman @ Shamsu Vs. The State reported in 10 BLR 251, the case of Tapinder Singh Vs. State of Punjab AIR 1970 SC 1566, the case of Lallubhai Devchand Shah Vs. State of Gujara, AIR 1972 SC 1776 took the view that before relying upon a dying declaration it is the duty of the Court of law to scrutiny the..Category: Criminal Law | Date: | Hits: 33
Canada Shipping and Trading SA Vs. TT Katikaayu and another, 2001, 30 CLC (HCD)
....ion Clause No. 11 of the Memorandum of Agreement dated 25th May, 2001 relating to sale of the vessel TT Katikaayu till disposal of the suit. Ed. This Case is also Reported in: 54 DLR (2002) 93. ...... KM Hasan J.- These two applications—one for injunction by the plaintiff, restraining the original defendants from proceeding with Arbitration and another for stay of proceeding of the suit in view of Arbitration clause in the Memorandum of Agreement dated 25th May, 2001 and for release of th..Category: Admiralty Law or Maritime Law | Date: | Hits: 184
Belal alias Bellal and 2 others Vs. State, 2001, 30 CLC (HCD)
...., District-Dinajpur be set at liberty forthwith if not wanted in any other connection. Send down the lower Courts records expeditiously. Ed. This Case is also Reported in: 54 DLR (2002) 80. ......s is on the investigating officer to explain the delay in producing the accused before the Magistrate for making the confession and this onus the prosecution has signally failed to discharge. In this view of the matter, we cannot treat the confessional statement as voluntary and, as such, the trial ..Category: Criminal Law | Date: | Hits: 83
State Vs. Rafiqul Islam alias Gadan, 2002, 31 CLC (HCD)
....y of this judgment be forwarded to the court of Additional Sessions judge, Court No‑1, Pabna for necessary action in accordance with law. Ed. This Case is also Reported in: 55 DLR (2003) 61. ......ation, cannot be held to be untrue or not voluntary. It is true that there is no corroboration on this confession by any other evidence other than the confessional statements of the co-accused but in view of the decision in the case of State Vs. Fazu Kazi alias Kazi Fazlur Rahman and others reported..Category: Criminal Law | Date: | Hits: 38
Haji Arshad Ali Kari Vs. Asmat Ali Hawlader and others, 2008, 37 CLC (AD)
....above, we find no substance in the submissions of the learned Advocate for the petitioner. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: 18 BLT (AD) (2010) 318. ......bitration was not conducted properly. The award registered on 04.05.1981 was not a proper award. 4. Syed Mahbubar Rahman, learned Advocate-on-Record, appearing for the petitioner submitted that in view of the facts and circumstances of the case the alleged arbitration has been done in violation o..Category: Property Law | Date: | Hits: 30
Hazera Begum Vs. Artha Rin Adalat & another, 2001, 30 CLC (HCD)
.... Artha Rin Adalat. The Rule is liable to be discharged. In the result, the Rule is discharged. Stay granted earlier is vacated. Ed. This Case is also Reported in: 54 DLR (2002) 78. ......cute its decree. Under section 56 of the Code of Civil Procedure, civil Court cannot pass an order for detention in the civil imprisonment of a woman in execution of a decree for payment of money. In view of the language used in section 6 ka of the Artha Rin Adalat Ain, 1990 the provisions of sectio..Category: Civil Law | Date: | Hits: 89
....ufficient materials and as such the decision does not call for any interference by this court.
In the result, the Rule stands discharged.
Ed.
This Case is also Reported in: 46 DLR (1994) 143. ......tisfactorily completed the period of probation. Under section 4(2) of the Act the period of probation for a worker having a function other than of clerical nature is three months. Thus, we are of the view that, a worker who is in temporary nature be within the meaning of section 2(s) of the Act for ..
Category: Labour and Industrial Law | Date: | Hits: 93
Abu Bakar Siddique Vs. Md. Khorshed Alam & ors., 2001, 30 CLC (HCD)
....this Rule is discharged without any order as to costs on the ground of maintainability with the findings and observations made herein above. Ed. This Case is also Reported in: 54 DLR (2002) 75. ......eave to appeal No. 611 of 1994 was filed by the opposite party No. 2 before the Appellate Division of this court and the leave petition was dismissed on 21-3-95. The opposite party No. 2 also filed review petition before the Appellate Division being Civil Review Petition No. 32 of 1995 which was dis..Category: Property Law | Date: | Hits: 32
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