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Ala Meah, being dead his heirs are Syed Ali & ors. Vs. Ali Ahmed, 1986, 15 CLC (HCD)
....e Judge for fresh disposal of the appeal in the light of the observations made herein above. In the circumstances I make no order as to costs. Ed. This Case is also Reported in: 40 DLR (1988) 26.......r of law in finding that the transaction in question is a real one. The finding is essentially a finding of fact which the learned Subordinate Judge has arrived at on consideration of the evidence on record after fully appreciating the principles of law applicable to the facts of the case and after ......e Judge for fresh disposal of the appeal in the light of the observations made herein above. In the circumstances I make no order as to costs. Ed. This Case is also Reported in: 40 DLR (1988) 26...Category: Property Law | Date: | Hits: 29
Abdul Khalek Khan Vs. Government of Bangladesh, 1986, 15 CLC (HCD)
....Additional District Judge dismissing the suit is maintained. 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) 21.......r Memo No.3191/A.E. dated 3.10.61 liable to be declared full and void? 5. What relief, if any, is the plaintiff entitled to? 5. The learned Subordinate Judge on consideration of the evidence on record decreed the suit holding that the plaintiff had title in the land in dispute and the order da......Additional District Judge dismissing the suit is maintained. 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) 21...Category: Property Law | Date: | Hits: 36
Iftekhar Ahmed Majumder Vs. Bangladesh and others, 1987, 16 CLC (HCD)
....s to its time, place and manner. The second ground was stated saying that the detenu has got link with a formidable gang of smugglers who engaged themselves in illegal business of smuggling of Indian goods to Bangladesh and Bangladeshi goods to India. It was not mentioned who were the members of the......sion of the Appellate Division of this Court in the case of Abdul Latif Mirza vs. Govt. of Bangladesh reported in 31 DLR (AD) 1979 P-1. In that case, it has been held as follows: From the facts on record, it appears that between 22.5.74 and 24.5.74 there is a gap of two clays when there was no or...... copy of this order be communicated to the District Magistrate, Comilla and Superintendent of Comilla Jail. Syed Fazle Ahmed J. - I agree. Ed. This Case is also Reported in: 40 DLR (1988) 18...Category: Criminal Law | Date: | Hits: 40
Chowdhury Saifuddin Ahmed Vs. Shamsuddin & Ors., 1987, 16 CLC (HCD)
....eal is dismissed, but in the facts and circumstances of the case we make no order as to costs. Mohammad Ismail Uddin Sarker J. - I agree. Ed. This Case is also Reported in: 40 DLR (1988) 10. ...... title suit in question was fixed for hearing on 18.8.80 and thereafter on 28.9.80. When he found on 28.9.80 that the suit was set down for solenama, it aroused his suspicion and so he looked for the records of Title Suit No. 322 of 1977, but the same could not be traced and the annual vacation came......eal is dismissed, but in the facts and circumstances of the case we make no order as to costs. Mohammad Ismail Uddin Sarker J. - I agree. Ed. This Case is also Reported in: 40 DLR (1988) 10. ..Category: Procedural Law | Date: | Hits: 101
KDH Laboratories Ltd. Vs. Pubali Bank and Ors., 1987, 16 CLC (HCD)
....arties in Money Suit No. 126 of 1982. 2. The petitioner as plaintiff filed the aforesaid suit on 16.4.82 for recovery of TK. 1,50,00,000/- being the market value of the plaintiffs balance stock of goods lying in the defendant-bank's pledged godown, as well as for recovery of damages for wrongful ......own the said evidence on commission submitted his report. On 15.9.83 upon the petitioner's prayer the exhibits/ documents were kept in the safe custody of the Sherestader. No other proceedings are on record. The Court fixed 29.9.83 and later 28.11.83 for passing order. In the meantime, the defendant......frain from interfering in the matter. In the result, the rule is discharged, but without any order as to costs. AKM SADEQ J. - I agree. Ed. This Case is also Reported in: 40 DLR (1988) 1. ..Category: Civil Law | Date: | Hits: 83
Arab Bangladesh Bank Ltd. Vs. Ziauddin and others, 1998, 27 CLC (HCD)
....he survivor is debarred from operating the account by an order of injunction the spirit and intent of the authors of the joint account who consciously put the condition in the account opening form in good health, spirit and mind some definite philosophy/intention, their purpose would be frustrated i......es Act, 1991 the bank transfers the deposited amount in the name of the survivor then this will constitute as a full discharge of the liability of the bank. So, on a consideration of the materials on record it prima facie appears that the banking companies in our country, particularly the appellant ......d by the trial Court while disposing of the suit on merit. The connected Memorandum of Cross Objection is accordingly disposed of. Ed. This Case is also Reported in: 52 DLR (HCD) (2000) 36. ..Category: Banking Law | Date: | Hits: 122
Habib Bank Limited Vs. UAE Bangladesh Investment Company Limited and another, 1998, 27 CLC (HCD)
....missed with costs. The judgment and decree passed by Adalat is hereby affirmed. Send down the lower Court records expeditiously. Ed. This case is also Reported in: 52 DLR (HCD) (2000) 25. ...... defendant No.1 retained the aforesaid Dollars. 5. The contesting parties adduced oral and documentary evidence before the trial Court and the Adalat thereafter on consideration of the evidence on record by judgment dated 29-8-1996 decreed the suit as aforesaid. 6. Being aggrieved by and dissa......missed with costs. The judgment and decree passed by Adalat is hereby affirmed. Send down the lower Court records expeditiously. Ed. This case is also Reported in: 52 DLR (HCD) (2000) 25. ..Category: Banking Law | Date: | Hits: 136
Ataur Rahman Khan Vs. Md. Nasim and another, 1999, 28 CLC (HCD)
....f the essence of Parliament any system of Government that people’s representatives should be free to express themselves without fear of legal consequences. What they say is rules of Parliament, the good sense of the members and the control of proceedings by Speaker. The courts have no say in the m......Court of the country. He submits that he is moving this application under Article 108 of the Constitution. Article 108 of the Constitution runs as follows: “The Supreme Court shall be a Court of record and shall have all the powers of such a Court including the power subject to law to make an o......rily rejected the application, the question of granting certificate does not arise and, as such, the prayer for certificate is refused. Ed. This Case is also Reported in: 52 DLR (HCD) (2000) 16. ..Category: Criminal Law | Date: | Hits: 54
Bangladesh Legal Aid and Services Trust (BLAST) Vs. Bangladesh and Others, 1999, 28 CLC (HCD)
....hahid Nabi Model Government Primary School and according to his school register the date of birth is 13-3-1988. The Commissioner of Ward No. 75, Dhaka City Corporation also certified the boy to be of good moral character never having participated in any activity subversive of the State. On 24th Janu...... Police Commissioner Demra Zone, DMP on 18-12-98 and by the Deputy Commissioner (East) Dhaka Metropolitan Police on 19-12-98 and sent to the authority concerned by memo No.671 dated 20-12-98. We have recorded this fact from the said memo appearing in the secret file produced by the learned Deputy At...... and thereafter he was sent to Dhaka Central Jail and an order of detention under section 3(2) of the Special Powers Act directing the detention of the detenu for a period of 30 days from the date of service thereof was issued as appeared from the newspaper report published in ‘Mukta Kantha’ dat..Category: Criminal Law | Date: | Hits: 106
Bashir Ahmed and others Vs. Ayub Ali Mollah, 1998, 27 CLC (HCD)
....ting the defendant tenant if he does not vacate the suit premises within 60 (sixty) days. Send down the lower Court record at once. Ed. This case is also Reported in: 52 DLR (HCD) (2000) 55. ......the transfer of the suit property in favour of the plaintiff and that since the defendant deposited rent in the HR Case No. 5 of 1993 he was not a defaulter. 4. On consideration of the evidence on record the trial Court found that there was no bona fide requirement of the suit property and hence ......ting the defendant tenant if he does not vacate the suit premises within 60 (sixty) days. Send down the lower Court record at once. Ed. This case is also Reported in: 52 DLR (HCD) (2000) 55. ..Category: Tenancy Law | Date: | Hits: 148
Jebun Nessa Zaman and Others Vs. Hosne Ara Lili, 2001, 30 CLC (HCD)
....n sweets making. Then, the plaintiff entered into an oral agreement on 11-09-95 with said petitioner Nos.2 to 5 on the stipulations that they would use the plaintiffs business establishment including goodwill, capital, furniture etc, and they would pay the plaintiff Taka 7,000 per month in lieu ther......xpired. He also submits that possession of any other person including defendants Nos. 2 to 5 must be taken to be the possession of the plaintiff. 9. I have perused the revision application and the record of the case. I have also heard the learned senior Counsels. 10. It is admitted that the pl......uit is dismissed. The order of stay granted at the time of issue of the Rule is recalled. Send down the records at once. Ed. This Case is also Reported in: 53 DLR (2001) 394. ..Category: Civil Law | Date: | Hits: 82
Amzad Hossain Vs. State and another, 2009, 38 CLC (AD)
....e of the Metropolitan Additional Sessions Judge for disposal shall remain unaffected. Accordingly the leave petition is dismissed. Ed. This Case is also Reported in: 62 DLR (AD) (2010) 288. ......l No. 3 but on receipt of the order of the High Court Division transferring the case to the Court of Metropolitan Additional Sessions Judge, 1st Court, Dhaka, said Tribunal No. 3 transferred the case record to the said Metropolitan Additional Sessions Judge, 1st Court, Dhaka, and accordingly on rece......e of the Metropolitan Additional Sessions Judge for disposal shall remain unaffected. Accordingly the leave petition is dismissed. Ed. This Case is also Reported in: 62 DLR (AD) (2010) 288. ..Category: Criminal Law | Date: | Hits: 34
BLAST Vs. Government of the People’s Republic of Bangladesh and others, 2007, 36 CLC (HCD)
....egal, without lawful authority and being violative of section 5 of the East Pakistan Government Land and Buildings (Recovery of Possession) Ordinance, 1970. In support of her contention, she refers a good number of decision of Indian Jurisdiction namely, State of Maharashtra Vs. Alka B Hingde AIR 19......e of action is liable to be discharged. 10. In order to appreciate the submissions of the learned Counsels, we have gone through the writ petition, affidavits-in-opposition and other materials on record and given our anxious consideration to their submissions. 11. Now, the question calls for ......rest to protect and promote the fundamental human rights of the people. Petitioner Nos.2-5 are citizens of Bangladesh and are by profession shopkeepers, small traders, maid servants and petty private service holders respectively who are living in Gudaraghat Basti (briefly as Basti). The Basti is sit..Category: Constitutional Law | Date: | Hits: 171
State Vs. Chief Editor, Manabjamin and others, 2002, 31 CLC (HCD)_Part Two
....tice is issued and the contention of the show cause notice is well understood by the contemner there is no necessity of issuing a further show cause notice. The view taken by us gets support from a good number of reported decisions of the Indian Supreme Court. Besides, in the affidavit Justice N......e. Therefore we filed an application for his production before this court so that he can hear the cassette and see if it is that cassette where his conversation with a judge of this court has been recorded and he also feared that some more conversation might have been subsequently added to the t......empt of Court. 187. We have already noted that Justice Ahmed was a brilliant and a meritorious judge of this Court. He made immense contribution to the judiciary and is still rendering valuable service to the judiciary as a prominent member of the Law Commission. He never made any such lose ..Category: Criminal Law | Date: | Hits: 130
Mohshinul Islam Vs. Rajdhani Unnayan Kartripakkha and others, 1999, 28 CLC (HCD)
....esult, both the Rules are made absolute in part without any order as to cost with the above declaration and direction. Ed. This case is also Reported in: 52 DLR (HCD) (2000) 12. ......esult, both the Rules are made absolute in part without any order as to cost with the above declaration and direction. Ed. This case is also Reported in: 52 DLR (HCD) (2000) 12. ......n existence as shown in the yellow and green colours in the said sketch map. As per calculation given in the supplementary affidavit dated 10-5-99 at present 7.12 acres of land is vacant. In spite of service of copy of the same respondent Nos.1 and 2 did not deny the assertion made in the said suppl..Category: Property Law | Date: | Hits: 55
Shah Alam Patwari (Md) Vs. Md. Siddiqur Rahman Bhuiyan and others, 2001, 30 CLC (HCD)
....f status quo granted at the time of issue of the above Rule on 24-06-2001 is hereby recalled and vacated. Communicate this order at once. Ed. This Case is also Reported in: 53 DLR (2001) 390. ......er the Court of appeal below has committed any error of law which has resulted in failure of justice. 13. The learned Additional District Judge by his independent consideration of the materials on record has concurred the findings of the Election Tribunal that the returned candidate got 722 valid......f status quo granted at the time of issue of the above Rule on 24-06-2001 is hereby recalled and vacated. Communicate this order at once. Ed. This Case is also Reported in: 53 DLR (2001) 390. ..Category: Election Law | Date: | Hits: 79
National Sports Council Vs. A Latif and Company, 2001, 30 CLC (HCD)
....rty made under section 8(2) of the Arbitration Act is rejected. Order of stay granted at the time of issue of the Rule is hereby re-called. Ed. This Case is also Reported in: 53 DLR (2001) 386. ......rty made under section 8(2) of the Arbitration Act is rejected. Order of stay granted at the time of issue of the Rule is hereby re-called. Ed. This Case is also Reported in: 53 DLR (2001) 386. ......trators, as the case may be, with a written notice to concur in the appointment or appointments or in supplying the vacancy. (2). If the appointment is not made within fifteen clear days after the service of the said notice, the Court may, on the application of the party who gave the notice and a..Category: Alternative Dispute Resolution | Date: | Hits: 186
....n the above facts and circumstances we find no merit in this Rule.
In the result, the Rule is discharged without any order as to cost.
Ed.
This Case is also Reported in: 52 DLR (HCD) (2000) 7....... it was limited to an opportunity to participate in the bid which it availed of at the first instance.
3. Learned Advocate for the petitioner after placing the writ petition and other materials on record submitted that from the conduct of the respondents it was clear that the layout plan and proj......n the above facts and circumstances we find no merit in this Rule.
In the result, the Rule is discharged without any order as to cost.
Ed.
This Case is also Reported in: 52 DLR (HCD) (2000) 7...
Category: Civil Law | Date: | Hits: 92
Narayan Chandra Saha and another Vs. Jatindra Chandra Saha and others, 1999, 28 CLC (HCD)
....anted by this court at the time of issue of the Rule hereby stands vacated. Let the appeal be heard and disposed of as early as possible. Ed. This case is also Reported in: 52 DLR (HCD) (2000) 5.......e 16, the learned Subordinate Judge may allow them to file the submissions in writing in summing up their arguments. But such written submission must be based on the evidence and materials already on record. 9. On the other hand, what should be the contents of a written statement, and how, where ......r rule 11, it shall fix a day for hearing of the appeal. 2. Such day shall be fixed with reference to the current business of the Court, the place of the respondent, and the time necessary for the service of the notice of appeal, so as to allow the respondents sufficient time to appear and answer..Category: Procedural Law | Date: | Hits: 66
....f the decree for preferring the appeal. It is submitted that the Bank-guarantee furnished can be construed as 50% of the decretal amount as according to the learned Advocate this Bank-guarantee is as good as cash money and in support of his submission Moulavi Md Wahidullah placed reliance in the cas......ot been tendered within the provision of section 7 of the Artha Rin Adalat Ain. The Petition of Appeal is therefore rejected summarily.
Ed.
This case is also Reported in: 52 DLR (HCD) (2000) 4.
......ot been tendered within the provision of section 7 of the Artha Rin Adalat Ain. The Petition of Appeal is therefore rejected summarily.
Ed.
This case is also Reported in: 52 DLR (HCD) (2000) 4.
..
Category: Banking Law | Date: | Hits: 108
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