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Displaying 421-440 of 978 results.
Agrani Bank Vs. Sultana Jute Mills Limited and others, 1993, 22 CLC (HCD)
....nnessa Vs. the People's Republic of Bangladesh, reported in 42 DLR (AD) 86 while upholding the view taken by the High Court Division that where the statute has devised an alternative forum for giving complete relief to the appellant, the aggrieved party could not invoke the writ jurisdiction without......nul Hosein argued that making a counter‑claim before the Artha Rin Adalat, be it ascertained sum or not, cannot be, entertained as there is no such provision in the Act, on the contrary, there is embargo of making such claim under the provisions of sub‑section (1) of section 3 of the Act. He fur..Category: Civil Law | Date: | Hits: 116
Reza (Md.) Vs. Executive Engineer, Facilities Department, and others, 1997, 26 CLC (HCD)
....he Facilities Department of the Government construction work of school building was going on covering plot Nos. 155, 153 and suit plot No.154 and, in fact, the work of school building almost has been completed. He further asserted that the plaintiff petitioner never had any exclusive possession of t......n the result, the Rule is discharged without any order as to costs. The order of stay, granted earlier by this Court is hereby vacated. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 434...Category: Civil Law | Date: | Hits: 93
Belayet Hossain Vs. Bank Indosuez, 1998, 27 CLC (HCD)
....amenable to interference by any Court or authority aim of the Adalat Act was costs to create departures from the Code of Civil Procedure. Section 7 it may be said was meant to be an exception to this complete ouster of interference. An exception has been made in respect of a judgment and decree in s...... Civil Procedure for rejection of the plaint stating, inter alia, that the plaintiff has no cause of action for the suit and as per statements made in the plaint the plaintiff’s suit was hopelessly barred by limitation. 5. The learned trial Court heard both the parties at length and by the impu..Category: Civil Law | Date: | Hits: 121
Moazzem Hossain Vs. State, 1983, 12 CLC (AD)
.... of time of the Court and possible energy. The telegram sent by Moazzem Hossain to the Deputy Registrar of the Court, Jessore Bench reads as under: "Myself lying bed acute pain Doctor advises week complete rest. Medical certificate follows praying one week adjournment from fourth in contempt ...... have arrived at a different conclusion resulting in the acquittal of the appellant. 5. I cannot but observe that the entire matter, from beginning to end, before it reached this Court is most embarrassing I wish it had not happened at all. If the learned Senior Judge who had issued the Rule fo..Category: Criminal Law | Date: | Hits: 116
....of the said monument by engaging expert workers, technicians, precious stones and construction materials, under the supervision, inspection, guidance and monitoring of the respondents. The petitioner completed 95% work by 1st April, 2008.
10. The respondents routinely visited the spot and constru......nt and the garden the petitioner has erected and set up, and to allow the petitioner to maintain the same, unhindered.
Gobinda Chandra Tagore J. - I agree.
Ed.
This case is also Reported in:
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Category: Civil Law | Date: | Hits: 218
SM Kamaluddin Vs. Commissioner of Taxes, 2007, 36 CLC (HCD)
....spector the authorized representative of the applicant, who signed the order as 'seen'. After reading and showing the report of the Inspector to the authorized representative, the Deputy Commissioner completed the assessment and thereby, he did not commit any error of law. 10. He also filed true ...... in disregard of the evidence, oral or documentary, led by the assessee, he should in fairness disclose to the assessee the material on which he is going to found that estimate. He is not, however, debarred from relying on private sources of information, which sources he may not disclose to the asse..Category: Fiscal/Taxation Law | Date: | Hits: 151
Kazi Asmat Ullah Vs. Belayet Ali Sheikh and others, 2009, 38 CLC (HCD)
....ation giving notice of the intention to undertake the preparation of the record of rights under section 17(3) or of the compensation assessment roll under section 31(1) had been given and it placed a complete embargo only on the subletting of any land in the khas possession of any rent-receiver with......aintiff instituted title suit No.111 of 1989 in the Court of Assistant Judge, Sripur, Magura for declaration of title and confirmation of possession. It is stated in the plaint that Lalit Mohan Chakrabarty was an owner of 1.13 acres of land appertaining to plots No.1093/1250/1786 of Khatian No.1044 ..Category: Property Law | Date: | Hits: 123
M Saleem Ullah Advocate Vs. Bangladesh, 2004, 33 CLC (HCD)
.... the exercise of all his functions save appointment of Prime Minister and the Chief Justice act in accordance with the advice of the Prime Minister who is elected democratically by the people will be completely negated, when chapter IIA will come into operation the advisory function of the Prime Min......eferendum nor it is ultra vires the Constitution. With these insights I fully concur with the decision already arrived at in this reference. Ed. This Case is also Reported in: 57 DLR (2005) 172. ..Category: Constitutional Law | Date: | Hits: 215
State Vs. Innocent N Egbunine, 1994, 23 CLC (HCD)
.... evidence that the accused condemned‑prisoner hired both rooms of Gulshan Guest House and a boarder there on 30‑3‑90 and the informant party recovered the heroin from room No.14 which was under complete control and possession of the condemned‑prisoner. 31. We have perused the impugned jud...... condemned‑prisoner Innocent N. Egbunine be transferred from the condemned cell to the cell meant for the convicts of like nature. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 460. ..Category: Criminal Law | Date: | Hits: 164
Bakshu Mia Vs. Govt.of Bangladesh and others, 1977, 6 CLC (AD)
....mmons cases instituted on private complaint, a trial before the High Court, and all other trials before the Subordinate Courts, and the Magistrate. In the first category of cases, the withdrawal is completely under the control by the Magistrate and the complainant in order to withdraw must satis......ed to whom pardon may be granted in order to examine him as a witness in the case. This withdrawal from prosecution is not absolute under this section and the tender of pardon will not operate as a bar to prosecution, if the public prosecutor certifies that the pardoned accused has not made full d..Category: Criminal Law | Date: | Hits: 99
M/s. Smart Apparels (Pvt.) Ltd. Vs. Hanvit Bank Kuni Bong Branch and others, 2003, 32 CLC (AD)
....d garments was under the close supervision of the defendant No.1 and were manufactured maintaining high quality as per order of the buyer. The production of the entire consignment i.e. 22,094 pcs was completed by 4th January, 2000 which was ahead of/before shipment date. That on completion of the pr......s we direct the trial Court to dispose of the temporary injunction matter within 4 weeks from the date of receipt of this order. The petition is dismissed. Ed. This Case is also Reported in: ..Category: Business or Commercial Law | Date: | Hits: 208
Nur Mohammad Bhuiyan and others Vs. Aysha Khatoon and others, 2011, 40 CLC (HCD)
....rovision in the amendment is that notwithstanding anything contained in any other law in force, any transfer of a land by an out and out sale with a condition for reconveyance shall be deemed to be a complete usufructuary mortgage for a period not exceeding seven years on the expiry of which the mor......lt: The Rule is made absolute. Cases Referred to- Bangladesh Vs. Haji Abdul Gani Biswas and others, 32 DLR (AD) 233; Abu Bakar Vs. Nazir Ahmed, 34 DLR (AD) 237. Lawyers Involved: Md. Mobarak Hossain, Advocate - for the petitioners. No one appears - for the opposite parties. Civi..Category: Property Law | Date: | Hits: 87
S. M. Basiruddin Vs. Zahurul Islam Chowdhury and another, 1982, 11 CLC (AD)
....-agricultural tenant shall be ejected from the tenancy or from any non-agricultural land which he holds except in execution of a decree of a competent Civil Court." 40. This provision provides the complete answer to the controversy as to whether the expressions 'non-agricultural tenancy' and 'non......e appeal is allowed with cost, the orders allowing preemption are set aside and the application for pre-emption is dismissed. Ed. This Case is also Reported in: 35 DLR (AD) (1983) 230. ..Category: Property Law | Date: | Hits: 85
Mokthar Masum Abedin and others Vs. Nironjan Kumar Mondol and others, 1997, 26 CLC (HCD)
....out, and that the name of any person who ought to have been joined, whether as plaintiff or defendant, or whose presence before the Court may be necessary in order to enable the Court effectually and completely to adjudicate upon and settle all the questions involved in the suit, be added.” 11.......e continued by or against the person to or upon whom such interest has come or devolved and such person may apply to be impleaded as a party provided he is virtually interested in the litigation. The bare reading of sub-rule (2) of rule 10 of Order 1 reveals that the court may at any stage of the pr..Category: Procedural Law | Date: | Hits: 74
Abul Hasnat Md. Belal Vs. Md. Alauddin and others, 2008, 37 CLC (HCD)
....proposed amendment will in no way change the nature and character of the suit or substitute any cause of action rather the plaintiff wants to amend his plaint by the proposed amendment for proper and complete adjudication of the suit which do not appear to be inconsistent, irrelevant, immaterial or ...... the learned Joint District Judge failed to consider that earlier application dated 21-5-2000 was rejected, so subsequent application on the same subject is not maintainable inasmuch as the same is barred by res judicata. In support of his contentions, the learned Counsel refers the case of Md. Em..Category: Procedural Law | Date: | Hits: 90
IFIC Bank Ltd. Vs. Eknabin & Co. and others, 2010, 39 CLC (HCD)
.... 10. It appears that Artha Rin Adalat Ain and Bankruptcy Act both are special laws. A Law become special when it give rise to special cause of action and itself provides for its remedy. When a code complete in itself it becomes a special law. Another feature of special law is that it does not appl......6 dated 18-9-2005 are set aside. In the result, the Rule is made absolute without any order as to cost. Communicate this order. Ed. This Case is also Reported in: 63 DLR (HD) (2011) 123. ..Category: Procedural Law | Date: | Hits: 126
Md. Selim Vs. State, 2011, 40 CLC (HCD)
....believe the evidence of P.Ws.1-3 in part. 8. We have gone through the evidence on records, the impugned judgment and some decisions on the points involved. It appears that the evidence of P.W.4 is complete and self-contained. More so, his evidence has been corroborated by P.W.1 in his examination......tated above, we do not find any merit in the appeal. Accordingly, the appeal is dismissed. Send down the lower Court records. Naima Haider J. - I agree. Ed. This Case is also Reported in: ..Category: Criminal Law | Date: | Hits: 94
Arab Bangladesh Bank Ltd. Vs. Md. Salauddin and others, 2010, 39 CLC (HCD)
....uster or exclusionary clauses, as they are so called. The ouster clauses are couched in similar languages and the one i.e, section 20 of the Ain of 2003 seems to be absolute in nature which creates a complete bar on seeking relief before any Court or authority impugning any proceeding pending in, or......of Title Deeds as set forth in the schedule "ka" of the plaint are illegal, forged, fake collusive and made by false personation and of no legal effect which is not only misconceived and also clearly barred by law because the Artha Rin Adalat Ain being a special legislation setting up special Court ..Category: Civil Law | Date: | Hits: 141
Syed Monirul Huda Chowdhury Vs. Fouzia Chowdhury and others, 1994, 23 CLC (HCD)
....ion disallowed, Appellate Division allowed, holding, inter alia, that amendment of plaint should be allowed when it is necessary to avoid multiplicity of proceedings, hardships to the parties and for complete adjudication of the dispute and determination of the real question in controversy. 5. Mr...... purpose of determining the real question of controversy between the parties, but it could not be allowed if it changed the nature and character of the suit, or if the prayer for amendment had become barred by lapse of time and a right had accrued to the other side. But the latter principle can be d..Category: Property Law | Date: | Hits: 151
Abdul Ali and another Vs. State, 1977, 6 CLC (AD)
....the case on suo mutu. Mr. Lutful Kabir, Dy. S P (Hq) investigated the case who left this district on transfer. After the departure of Mr. L. Kabir Sp. NK was pleased to endorse the same in my name to complete investigation. During investigation Mr. L. Kabir visited P. O. seized alamat items Nos.1 ......6 and it was to the effect that the labour Contractor and Sardars in connivance with the Officer-in-Charge L.S.D. Godown Chowmuhani were realising excess charges. Much argument has been made at the bar as to the correct connotation of the phrase "in connivance with" and the learned Deputy Attorney..Category: Criminal Law | Date: | Hits: 115
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