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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.......f No. 1. There was no payment of any consideration thereunder and they continued to possess the property as before. The custody of the kabala also remained with them. Defendant No. 2 who is father-in-law of defendant No. 1 removed the original kabala from the plaintiffs' custody and subsequently too..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........55 on the basis of kabuliyat as alleged by him was not acted upon and also in that view of the matter I hold that the cancellation of the settlement by the Board of Revenue by its aforesaid Memo was lawful and the approval of settlement of disputed land made by the Divisional Commissioner on 10.9.5..Category: Property Law | Date: | Hits: 36
Iftekhar Ahmed Majumder Vs. Bangladesh and others, 1987, 16 CLC (HCD)
.... 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.......ated did not give any scope to the detenu to make any effective representation. Detention on such grounds is illegal and it has been so held in several decisions making it an established principle of law that the detention on grounds vague and indefinite without giving sufficient materials to enable..Category: Criminal Law | Date: | Hits: 40
KDH Laboratories Ltd. Vs. Pubali Bank and Ors., 1987, 16 CLC (HCD)
....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. ......e date fixed for judgment or orders is to hear and receive the judgment of the Court, nothing else. The acceptance of the written statement was, therefore, completely unauthorised by any provision of law. Nor can section 151 of the Code of Civil Procedure be called in aid, because Order 9, rule 7 an..Category: Civil Law | Date: | Hits: 83
Arab Bangladesh Bank Ltd. Vs. Ziauddin and others, 1998, 27 CLC (HCD)
....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. ......nking Companies Ordinance, 1962, the Banking Companies Act of 1991 which is Act 14/1991 has been promulgated in this country and the banking companies are now fully guided and operated under this new law. Admittedly the dispute is over certain fixed deposit accounts now lying with the appellant bank..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. ......t and decree. It is also submitted that it is mandatory to deposit 50% of the decretal amount with the Adalat before preferring the appeal which has not been done. So, this appeal is barred under the law. 10. Before entering into the merit of the appeal we intend to dispose of the initial objecti..Category: Banking Law | Date: | Hits: 136
Ataur Rahman Khan Vs. Md. Nasim and another, 1999, 28 CLC (HCD)
....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. ......8 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 order for the investigation of or punishment for any contempt of itself’. 13. He..Category: Criminal Law | Date: | Hits: 54
Bangladesh Legal Aid and Services Trust (BLAST) Vs. Bangladesh and Others, 1999, 28 CLC (HCD)
....a copy of this order to the home Ministry and IGP for their information and necessary action in the light of observations in the judgment. Ed. This Case is also Reported in: 4 BLC (1999), 600. ......nnexure-B to the petition) issued under the signature of respondent No.2 should not be brought before this Court so that it may satisfy itself that the detenu is not being held in custody without any lawful authority and in an unlawful manner. Respondent No.4 was further directed to show cause as to..Category: Criminal Law | Date: | Hits: 106
Bangladesh Legal Aid and Services Trust Vs. Bangladesh and others, 2004, 33 CLC (HCD)
....is judgment be communicated (1) to the Office of the Attorney-General and (2) the Secretary, Prime Minister’s Office for necessary action. Ed. This Case is also Reported in: 57 DLR (2005), 11....... annexed as Annexure-A. 3. It has been further asserted that the continued incarceration of the under trial prisoner and an alleged 155 further under trial prisoners by the respondents is without lawful authority inasmuch as it is ultra vires section 167 and section 339C of the Cr.P.C. 4. Th..Category: Criminal Law | Date: | Hits: 45
Sudhangshu Shekhar Haldar Vs. Moulana Delwar Hossain Saydee and others, 1998, 27 CLC (HCD)
....ion only. Mr. Abdur Razzaque, learned Advocate, prays for adjournment of ten days for hearing of the appeals. The prayer is allowed. Ed. This case is also Reported in: 52 DLR (HCD) (200) 58. ......of the same on merit. 4. Mr. M Amir-ul Islam, learned Advocate appearing for the appellant, submits that the Representation of the People Order, 1972 (President’s Order 155 of 1972) is a special law providing for hearing of an appeal by a Division Bench of the High Court Division against any de..Category: Election Law | Date: | Hits: 159
Satya Narayan Poddar Vs. State, 2001, 30 CLC (HCD)
....charged. Stay granted earlier is vacated and he learned Magistrate is directed to dispose of the case expeditiously in accordance with law. Ed. This Case is also Reported in: 53 DLR (2001) 403. ......s is required to be given under proviso (c) to section 138 of the Negotiable Instruments (Amendment) Act, 1994. The learned Advocate for the petitioner has submitted that as the 15 days time given by law for making payment did not expire, there was no cause of action for filing the case and, as such..Category: Criminal Law | Date: | Hits: 35
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. ......hough there is clause-H standing in the way of taking possession of the suit premises by the landlord in the absence of unwillingness of the tenant, but the House Rent Control Ordinance being special law providing provisions for eviction of the tenant specially in view of section 18(5) of the said O..Category: Tenancy Law | Date: | Hits: 148
Jebun Nessa Zaman and Others Vs. Hosne Ara Lili, 2001, 30 CLC (HCD)
....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. ......hin 45 days from date by the impugned judgment and decree. 7. Mr. Shafique Ahmed, learned Counsel appearing for the petitioners, submits that the learned Assistant Judge committed serious error of law resulting in an error of his decision occasioning failure of justice in holding that the defenda..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. ......ections 5 and 6 of the Druto Bichar Tribunal Ain authorizes the Government to transfer the case to a Tribunal for expeditious disposal and such transfer is not hit by the principle of equality before law or equal protection before the law inasmuch as the same is applicable to the trial of offence ..Category: Criminal Law | Date: | Hits: 34
BLAST Vs. Government of the People’s Republic of Bangladesh and others, 2007, 36 CLC (HCD)
.... With the above observations the Rule is disposed of without any order as to cost. Communicate the order at once. Ed. This Case is also Reported in: 13 BLC (2008) 384, 8 LG (2011) HCD 325.......shantek Basti, CS Plot Nos. 776 & 777 Mouza Joarshahara, JL No. 271, Khatian No. 127, West Bhashantek/Gudaraghat section 15 Ward No. (old) 4 (New 95) PS Kafrul, District Dhaka, without due process of law should not be declared illegal and without lawful authority being contrary to right to life as m..Category: Constitutional Law | Date: | Hits: 171
State Vs. Chief Editor, Manabjamin and others, 2002, 31 CLC (HCD)_Part Two
....people according to law, without fear or favour, affection or ill-will". After liberation, we had two Martial Law Regimes and both the regimes introduced significant changes in the Constitution by amending it through Martial Law Regulation. But both the regimes kept the form of oath of judges in......re conversation might have been subsequently added to the tape. The application was allowed and on his production the tape was played in my chamber in his presence and in the presence of all other lawyers. On hearing the tape he agreed that it is his voice and he had that talk with the judge. Th..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. ......del Town calling upon the respondents, Rajdhani Unnayan Kartripakkha and two others to show cause as to why layout plan dated 18-10-92 (Annexure-F) shall not be declared to have been made without any lawful authority and of no legal effect and the respondents were directed not to change the nature a..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. ......e impugned judgment and order as stated above. 9. Mr. Mainul Hosein, the learned Senior Counsel appearing for the revision-petitioners submits that the Election Tribunal committed serious error of law in sorting the votes into invalid as well as into ambiguous votes. He also submits that the Elec..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. ......or of the contractor and Justice KM Sobhan as that of the employer however, without any consent of them. 5. Mr. Enayetur Rahim, learned Advocate for the petitioner, submits that the Court erred in law in appointing arbitrators in the absence of any dispute or difference either within the meaning ..Category: Alternative Dispute Resolution | Date: | Hits: 186
Resource International Vs. MV Sargodha and others, 2001, 30 CLC (HCD)
....sted by this Court due to the default of the defendants and consequently, the counter-claim is not entertainable and the same is dismissed. Ed. This Case is also Reported in: 53 DLR (2001) 381. ......which they took on board the vessel. Reliance has been placed upon a decision in the case of FFUI Co. Ltd. Vs. American President Lines reported in PLD 1992 (SC) 291 where it has been stated that the law has given choice to the carrier to enter the particulars declared by the shipper or not to enter..Category: Admiralty Law or Maritime Law | Date: | Hits: 214
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