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Managing Director, Bangladesh Krishi Bank Vs. Gopal Chandra Nath and others, 2010, 39 CLC (AD)
....nal suffers from no error of law calling for interference by this Court and accordingly this petition for leave to appeal is dismissed. Ed. This Case is also Reported in: 15 MLR (AD) (2010) 494.......nal suffers from no error of law calling for interference by this Court and accordingly this petition for leave to appeal is dismissed. Ed. This Case is also Reported in: 15 MLR (AD) (2010) 494....... for leave to appeal is directed against the judgment and order dated 09.07.2009 passed by the Administrative Appellate Tribunal, Dhaka in Appeal No. 89 of 2007 allowing the appeal in part. 2. The facts, in short, are that the respondent Gopal Chandra Nath as petitioner filed Administrative Tribu..Category: Administrative Law | Date: | Hits: 258
Zahid Hossain @ Paltu and others Vs. State, 2002, 31 CLC (HCD)
.... appellants are acquitted of the charge levelled against, them and they be set at liberty forthwith, if not wanted in any other connection. Ed. This Case is also Reported in: 55 DLR (2003) 160. ...... appellants are acquitted of the charge levelled against, them and they be set at liberty forthwith, if not wanted in any other connection. Ed. This Case is also Reported in: 55 DLR (2003) 160. ......e defence PW 3 stated that he heard that Salam and Panna are no more accused in the case. PW 3 came to the residence of Daroga at his own accord 7/8 days after the occurrence and disclosed the entire facts on the assurance of Daroga that he would be saved from the case. Daroga took him to custody an..Category: Criminal Law | Date: | Hits: 35
Uttara Bank Ltd. Vs. Ali and Co. and another, 2000, 29 CLC (HCD)
....t and hear both the aforesaid suits analogously as early as possible, preferably within 6(six) months from date of receipt of the LC Records. Ed. This Case is also Reported in: 55 DLR (2003) 156.......t and hear both the aforesaid suits analogously as early as possible, preferably within 6(six) months from date of receipt of the LC Records. Ed. This Case is also Reported in: 55 DLR (2003) 156....... 182 of 1984 to the Court of Subordinate Judge and Commercial Court No. 2, Dhaka for disposal and not to the Court of Subordinate Judge and Artha Rin Adalat 2, Dhaka. 19. Considering the aforesaid facts and circumstances of the case as well as the decision cited herein above we are of the view th..Category: Civil Law | Date: | Hits: 101
Nadera Banu Vs. Protiva Rani Sen Gupta and others, 2003, 32 CLC (HCD)
....Judge is hereby directed to dispose of the suit as expeditiously as possible, preferably within months from the date of receipt of the order. Ed. This Case is also Reported in: 55 DLR (2003) 149.......Judge is hereby directed to dispose of the suit as expeditiously as possible, preferably within months from the date of receipt of the order. Ed. This Case is also Reported in: 55 DLR (2003) 149....... occasioned failure of justice. The learned Counsel further submits that the learned Joint District Judge erred in law in rejecting the prayer for local investigation without properly considering the facts of the case and the case made out by the petitioner and the same has occasioned failure of jus..Category: Property Law | Date: | Hits: 31
Zakir Hossain and another Vs. State, 2002, 31 CLC (HCD)
.... and sentence dated 20‑1‑92 by trial Court against appellants Zakir Hossain and Suruj Miah be accordingly upheld. Record be sent down. Ed. This Case is also Reported in: 55 DLR (2003) 137.......oluntary cannot be the basis for conviction of convict-appellant Zakir. 16. Learned Advocate then refers to statement under section 342 Cr.P.C. of convict-appellant Zakir Hossain and shows that no question was asked about statement under section 164 Cr.P.C. (Exhibit 2) and thereby no opportunity ...... have decision against the convict-appellant, particularly when first information report by PW 1 and evidence of PW 1 at the trial were found to be not in conformity with each other, on some material facts. He refers to first information report. Exhibit 1 and shows that in first information report P..Category: Criminal Law | Date: | Hits: 34
Zakir Hossain Munshi Vs. Government of the People's Republic of Bangladesh, 2002, 31 CLC (HCD)
....o be refunded to the petitioner forthwith. In the result, the Rule is made absolute in the foregoing terms without any order as to cost. Ed. This Case is also Reported in: 55 DLR (2003) 130. ......d against Titas Gas Transmission as it refused to supply gas to the brick‑fields of Conforce Limited in violation of a contract between them by issuing two letters without assigning any reason. The question of maintainability of the writ petition was raised on the ground that Titas Gas Transmissio......principles and not arbitrarily". 24. The legal principles on the basis of which the writ petitions were found not maintainable in the cases cited by Dr. Kamal are not disputed by us. But since the facts of the cases cited by Dr. Kamal are different from those in the case in hand the legal princip..Category: Information Technology Law | Date: | Hits: 217
Hajee Abul Hossain and others Vs. Md. Amjad Hossain and others, 2010, 39 CLC (AD)
....le in the suit lands. Accordingly, the appeal is allowed without any order as to costs. Ed. This Case is also Reported in: 62 DLR (AD) (2010) 436, 15 MLR (AD) (2010) 485, 8 LG (AD) (2011) 10.......ibits-D' series without objection from the plaintiffs side. The trial court admitted the said records of mutation as evidence but refrained from considering the same without formal proof thereof. The question before the Supreme Court was whether the trial Court was justified in holding so. H. Rahman......in respect of .09 acres of land and also for declaring a deed dated 10th January, 1987 executed by the respondent No. 2 in favour of the respondent No.1 as void and not binding upon them. 3. Short facts of the plaintiffs' case are that Alia Baksha, the predecessor of the respondent Nos.1 and 3, a..Category: Property Law | Date: | Hits: 36
Janata Insurance Company Ltd. Vs. M/s. Islam Steel Mills Limited and another, 2010, 39 CLC (AD)
.... 28,03,624.45, Tk. 30,10,503, 74 and Tk. 68,27,299.42 respectively with the interest pendent lite against the appellant, Janata Insurance Company Limited (defendant). The facts of all the appeals are identical and therefore, all of them are disposed of analogously. Karnaphuli Cotton Mills Limited in...... privy to the contracts of insurance and, therefore, they had no locus standi to file the suits claiming moneys covered by the insurance policies. Its positive claim is that the insurance policies in question were not issued in favour of the plaintiffs, and therefore, the report of the surveyors wer......6 of 1994 for recovery of Tk. 28,03,624.45, Tk. 30,10,503, 74 and Tk. 68,27,299.42 respectively with the interest pendent lite against the appellant, Janata Insurance Company Limited (defendant). The facts of all the appeals are identical and therefore, all of them are disposed of analogously. Karna..Category: Business or Commercial Law | Date: | Hits: 212
Md. Mominul Islam Vs. Government of the People's Republic of Bangladesh, 2010, 39 CLC (AD)
....aid facts and circumstances of the case, we do not find any merit in the leave petition. Accordingly the leave petition is dismissed. Ed. This Case is also Reported in: 15 MLR (AD) (2010) 474.......aid facts and circumstances of the case, we do not find any merit in the leave petition. Accordingly the leave petition is dismissed. Ed. This Case is also Reported in: 15 MLR (AD) (2010) 474.......no defence is permissible to justify compliance of such illegal order, the officer/employee/ complying with such illegal acts/omissions is personally liable for the same. Considering the aforesaid facts and circumstances of the case, we do not find any merit in the leave petition. Accordingly ..Category: Administrative Law | Date: | Hits: 192
Azim vs. Naim Ara Begum, 2003, 32 CLC (HCD)
.... dischareged without any order as to costs. The stay order passed in connection with the Rule stands vacated. Send down the LCR at once. Ed. This Case is also Reported in: 56 DLR (2004) 158. ...... dischareged without any order as to costs. The stay order passed in connection with the Rule stands vacated. Send down the LCR at once. Ed. This Case is also Reported in: 56 DLR (2004) 158. ......irected against the judgment and decree dated 25-6‑1997 passed by the learned Judge of the Small Causes Court and Subordinate Judge, 3rd Court, Dhaka in SCC Suit No. 3 of 1995. 2. The relevant facts, necessary for disposal of the Rule, are that the opposite party No.1 instituted the above not..Category: Property Law | Date: | Hits: 28
Abdur Rashid Mia (Md) Vs. Md. Hasem Ali Mia & others, 2003, 32 CLC (HCD)
....assed by learned Assistant Judge, Basail, Tangail, in Miscellaneous Case No. 6 of 1996 is hereby restored. Send down the record at once. Ed. This Case is also Reported in: 56 DLR (2004) 155. ......assed by learned Assistant Judge, Basail, Tangail, in Miscellaneous Case No. 6 of 1996 is hereby restored. Send down the record at once. Ed. This Case is also Reported in: 56 DLR (2004) 155. ......dence on record challenging the date of knowledge of the pre‑emptor about the transfer of the land, the contention that the application is barred by limitation is untenable in law. 16. Under the facts and circumstances of the case and the decisions discussed above the appellate Court has misrea..Category: Property Law | Date: | Hits: 39
Nasir Howlader Vs. State, 2004, 33 CLC (HCD)
.... Judge, Bagerhat is hereby affirmed. Let a copy of this judgment along with lower court's record be sent to the concerned court at once. Ed. This Case is also Reported in: 56 DLR (2004) 151. ...... not cause any harm to the prosecution case. In support of his contention, he has referred the case of Siraj Miah vs. State, reported in 2 BLC 402 where their Lordships have clearly observed that the question of non‑existence of the facts and circumstances of the case the examination of the invest......juries. In the meantime, police with the help of local law enforcing agencies apprehended the accused person and took him into custody from the house of Delwar Hossain Howlader. 3. Narrating these facts PW1, full brother of the deceased lodged the FIR Exhibit 1 in the Morelganj Police Station whe..Category: Criminal Law | Date: | Hits: 30
Nurujjaman and others (Md) Vs. Md. Sajjad Ali and others, 2002, 31 CLC (HCD)
.... Subordinate Judge is directed to hear and dispose of both the suits together, expeditiously, in accordance with law. Communicate at once. Ed. This Case is also Reported in: 56 DLR (2004) 149.......gle Judge was of the view that the difference in the relief claimed in the suits is not at all material under section 10 of the Code. The matter in issue in the previously instituted suit is material question for the court for consideration in an application under section 10 of the Code nor the reli......r No. 46 dated 14‑3‑2001 passed by the learned Subordinate Judge, Second Court at Sylhet in Title Suit No. 118 of 1999 which rejected an application made under section 10 of the Code. 2. Short facts for disposal of the Rule are, that the petitioners as plaintiff instituted Title Suit No. 67 o..Category: Procedural Law | Date: | Hits: 65
Abdul Motaleb & others Vs. Aftab Miah and another, 2002, 31 CLC (HCD)
.... appellants, as there was no occasion to do so in the absence of any TM 55. Therefore, we find no substance in the appeal which must fail. Ed. This Case is also Reported in: 56 DLR (2004) 145.......mits that in the facts and circumstances of the case Rule 38 has no manner of application inasmuch as the Registrar has observed that there is no evidence in support of the opposition. Therefore, the question of notifying the parties for hearing does not arise at all. Dr. Kamal Hossain simply reiter...... Rule 13 is a mandatory provision, non‑compliance of which makes the opposition abandoned. The learned Advocate further submits that in the instant case the Registrar has rightly pointed out in the facts and circumstances of the case, that the appellant could get relief by filing TM 55 praying for..Category: Intellectual Property Law | Date: | Hits: 181
Abul Kashem and others Vs. State, 2003, 32 CLC (HCD)
....thwith. Convict appellant Anwar Hossain Pintu alias Anwar Hossain may therefore; be set at liberty forthwith if not wanted in any other case. Ed. This Case is also Reported in: 56 DLR (2004) 132.......g officer did not seize their wearing clothes. This witness has also stated in cross-examination that he accompanied the informant to the police station at the time of lodging ejahar and the knife in question was handed over to the investigating officer at the time of lodgment of the ejahar. This wi......thwith. Convict appellant Anwar Hossain Pintu alias Anwar Hossain may therefore; be set at liberty forthwith if not wanted in any other case. Ed. This Case is also Reported in: 56 DLR (2004) 132...Category: Criminal Law | Date: | Hits: 39
State Vs. Mir Hossain alias Mira and others, 2003, 32 CLC (HCD)
....But Judgment of Conviction for the offence of sections 302/34 of the Penal Code is maintained. Lower Court's Record be sent down at once. Ed. This Case is also Reported in: 56 DLR (2004) 124.......confessional statement was recorded. Statement was true and voluntary. 23. Fate of criminal proceeding by way of Death Reference, Jail Appeal and Criminal Appeals hinges on answer to the following questions: I. Whether prosecution could bring home the culpability of convict-appellants beyond r......rved that a decision is only an authority for what it actually decides. It cannot be quoted for a proposition that may seem to follow from it. Every Judgment must be read applicable to the particular facts proved or assumed to be proved since the generality of the expression which may be found canno..Category: Criminal Law | Date: | Hits: 31
Serajul Islam Bhuiyan (Md) Vs. Bangladesh Water Development Board & others, 2003, 32 CLC (HCD)
....grachari to Rangamati Operation and Maintenance Division is declared to have been passed without lawful authority and is of no legal effect. Ed. This Case is also Reported in: 56 DLR (2004) 120.......i was contested by respondent Nos. 1‑5 and respondent No. 6, by filing two separate Affidavits-in-Opposition. 5. The case of the respondent Nos. 1‑5 is that, the petitioner has raised disputed questions of fact and, as such, the petition is not maintainable, and that at the time of passing th......s got no right to challenge that order of stay and, as such, the Rule Nisi is liable to be discharged. 6. The case of the added respondent No. 6 is that, the petitioner raised disputed question of facts and, as such, the petition is not maintainable and that the petitioner has got no legal right ..Category: Employment/Service Law | Date: | Hits: 77
Ekushey Television Ltd. and another Vs. Bangladesh and others, 2003, 32 CLC (HCD)
....ons made and the findings given by us in this judgment will have no bearing in disposing of the suit now awaiting disposal in the court below. Ed. This Case is also Reported in: 56 DLR (2004) 91....... No. 3 (In all the Writ Petitions). Writ Petition Nos. 3488, 4196, 4607, 4608 of 2003. Judgment Md. Abdul Wahhab Miah J.- These four writ petitions have been heard together and since similar questions of law and facts are involved all the writ petitions are disposed of by this single judgme......it Petitions). Writ Petition Nos. 3488, 4196, 4607, 4608 of 2003. Judgment Md. Abdul Wahhab Miah J.- These four writ petitions have been heard together and since similar questions of law and facts are involved all the writ petitions are disposed of by this single judgment. 2. Writ Petiti..Category: Information Technology Law | Date: | Hits: 230
Salauddin Jamil Vs. Amjad Ali Khan and another, 2004, 33 CLC (HCD)
.... with cost. Order of stay granted at the time of issue of file Rule on 19‑1‑2001 is hereby recalled and vacated. Communicate at once. Ed. This Case is also Reported in: 56 DLR (2004) 87. ...... with cost. Order of stay granted at the time of issue of file Rule on 19‑1‑2001 is hereby recalled and vacated. Communicate at once. Ed. This Case is also Reported in: 56 DLR (2004) 87. ......LC 407 and Bholanath Mullick vs. Mahadev Mullick 56 CWN 223. 12. Only issue facing us is, whether or not the objection filed by the petitioner on 24‑9‑2001 was barred by limitation. 13. The facts stated hereinbefore do not admit of any controversy. In the written objection, the petitioner ..Category: Alternative Dispute Resolution | Date: | Hits: 161
Arif Iftekhar Ali and others Vs. Sekandar Ali Hawlader, 2002, 31 CLC (HCD)
....lled and vacated, learned Joint District Judge is directed to proceed expeditiously with the proceedings pending before him. Communicate. Ed. This Case is also Reported in: 56 DLR (2004) 82. ...... be sketchy. But whether or not tile alleged violation on 14‑8‑2001 of the injunction order dated 8‑8‑2001 could be determined by inspection under Order XXXIX rule 7 of the Code is a separate question altogether, which is raised before us as the moot issue for our determination. 10. Mr. H...... applications filed by the plaintiff. He also read Order XXVI and XXXIX of the Code. He submits that learned Joint District Judge erred in law in allowing the application for local inspection of such facts and incidents which could only be investigated under Order XXVI rule 9 of the Code. Elaboratin..Category: Property Law | Date: | Hits: 26
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