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Nasima Akhter Banu Vs. Abu Taher Masud and others, 2006, 35 CLC (HCD)
....endment will in no way change the nature and character of the suit or substitute any cause of action rather the plaintiff wants to change the language of the prayer 3(ka) of the plaint for proper and complete adjudication of the suit which do not appear to be inconsistent, irrelevant, immaterial or ...... 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. One of the fundamental principles..Category: Procedural Law | Date: | Hits: 99
Nil Sen Singh Vs. Radha Mohan Singh and others, 2006, 35 CLC (HCD)
....rned Advocate for the plaintiff, referring the case of Md. Ibrahim Vs. Md. Alauddin and others reported in 27 DLR 413 submits that it is hit by Order VI, rule 7 of the Code of Civil Procedure being a complete departure from the material fact as stated in the written statement and, as such, his submi......tle Suit No. 2 of 2003 is set aside. The judgment and decree dated 30-1-2003 of the trial Court is affirmed. Send down the LCR at once. Ed. This Case is also Reported in: 58 DLR (2006) 329. ..Category: Property Law | Date: | Hits: 75
Mainul Hosein and others Vs. Anwar Hossain and others, 2003, 32 CLC (HCD)
....tion of the People's Republic of Bangladesh has two parts: (1) A Minister shall not hold any office, post and position other than the post and office of the Minister; and (2) this disqualification is complete cessation and not mere suspension. According to him, had the clause (3) of Article 147 cont......r Rahman 52 DLR (AD) 149; Shahid Nabi Malik Vs. Chief Election Commissioner, PLD 1992 (SC) 32; Khorshed Alam Vs. Azizur Rahman, 1995 BLD 639; Abul Hasnat & others Vs. Ershad Ali Beg 42 DLR 244; Akbar Hassan Vs. Government of Pakistan, PLD 1976 (SC) 315; Shahid Nabi Malik (PLD 1997 (SC) 32); Bhar..Category: Information Technology Law | Date: | Hits: 324
Kamruzzaman (Md.) alias Zaman Vs. State, 2000, 29 CLC (HCD)
....his behalf by the Central Government and no Court inferior to that of a Sessions Judge shall try any such offence.” 17. Though short and concise the Antiquities Act is a self contained, full and complete enactment with elaborate provisions not only for the preservation and protection of antiqui......tarted against the appellant upon an Ezahar that the appellant was engaged in smuggling of antiquities and narcotics. So a contingent of Police personnel under the leadership of Inspector of police Mobarak Hossain ambushed his house. Sub-Inspector of Police Mostafa posing as a purchaser of antiquiti..Category: Criminal Law | Date: | Hits: 72
Amora Holding Inc. Vs. Bangladesh, 1998, 27 CLC (HCD)
.... for obtaining Import Rotation Number as required under section 43(1) of the Customs Act, filed an application dated 21-12-85 (Annexure-E) to the Assistant Collector of Customs, enclosing therewith incomplete manifest (Nil) (Annexure-E1) in terms of Order No. 16(1) Cus/80-81/114, dated 10-2-1982 (An......llowed. The office is directed to return the above certified copies alter furnishing of the Photostat copies of the same by the petitioner. Ed. This Case is also Reported in: 51 DLR (1999) 211. ..Category: Admiralty Law or Maritime Law | Date: | Hits: 198
Wahida Begum Vs. Tajul Islam, 2000, 29 CLC (HCD)
....read with section 95 A of the State Acquisition and Tenancy Act, 1950 for the sale by the deeds Exhibits 2 to 2(B) with the agreement to reconvey, ‘Ekrarnama’, Exhibit 1 must be construed to be a complete usufructuary mortgage not exceeding seven years. 14. Opposing such claim of the plaintif......e sent down at once. Consequently, the order of this Court directing the parties to maintain status quo granted earlier is hereby vacated. Ed. This Case is also Reported in: 52 DLR (2000) 491...Category: Property Law | Date: | Hits: 113
Abdul Awal (Md.) Vs. Commissioner of Taxes, 2000, 29 CLC (HCD)
....for hearing again on 16-5-83. There is a note dated 7-8-82 that the assessee refused to accept the notice. Be that as it may no further date for hearing was fixed after 16-5-83 nor the assessment was completed on that date. It appears that thereafter on 6-12-83 a notice under section 34(1) was issue......een referred to for our opinion: (i) Whether on the facts and in the circumstances of the case the Taxes Appellate Tribunal was justified in law to hold that the assessment made on 30-6-85 was not barred by limitation. (ii) In the facts and circumstances of the case when the assessment proceed..Category: Fiscal/Taxation Law | Date: | Hits: 96
Manager, Bangladseh Krishi Bank and others Vs. Al-Haj Md. Nurul Islam & another, 1999, 28 CLC (HCD)
....old storage for the storage of potatoes he prayed for loan of Taka 50 lac from the defendant-appellants Bank but only Taka 35 lac was sanctioned and paid. Since the money was not sufficient enough to complete the project the plaintiff company prayed for further loan of Taka 15 lac and the defendants......res judicata, if made incidentally. 24. In the case of Dr. Syed Matiur Rob being dead his heirs Shainsun Nahar & others on Bangladesh and others reported in 42 DLR (AD) 126 it was further held the bar of res judicata applicable in writ proceedings on the general principle that the public interest..Category: Civil Law | Date: | Hits: 101
State Vs. Moyezuddin Sikder and Others, 2008, 37 CLC (AD)
....ave to consider the submission that during the subsistence of Emergency period the High Court Division could not entertain the application for bail far less passing any ad-interim order as there is a complete bar under Rule 19(gha) of the Jaruri Khamota Bidhimala, 2007 which has curtailed the power ......Rules, 2007, Rule 19(gha) The expression Adalat or Tribunal in rule 19(gha) refer to all Courts including the Supreme Court of Bangladesh. Therefore under rule 19(gha) the Supreme Court is also debarred from granting bail to persons accused of offences mentioned in rules 14 and 15. However when ..Category: Criminal Law | Date: | Hits: 100
Eser Ali Sheikh (Md.) Vs. Md. Mokarram Ali and others, 2001, 30 CLC (HCD)
....unction restraining said Sharijan Nessa from making any transfer. Sharijan Nessa appeared in the suit and filed a written statement admitting the agreement. In spite of her best desire, she could not complete the execution and registration of the necessary ‘Kabala’ for the order of injunction. S......itle on the basis of the ‘Kabala’. The Court of appeal below therefore has rightly reversed such finding of the trial Court. This submission also fails. 17. Lastly, he submits that the suit is barred by limitation, According to him, as per stipulation of the agreement dated 5-10-79 the ‘Kab..Category: Property Law | Date: | Hits: 91
Sumikin Bussan Corporation Vs. Chittagong Port Authority and Others, 2001, 30 CLC (HCD)
....ns as follows: “30. Preliminary examination of Bids: 30.a.1. Preliminary examination of technical bids: The Purchaser will examine the technical bids preliminary to determine whether they are complete, whether the bidder is capable of performing the contract as per clauses 15 & 16 and th......he bidding terms.” Further, in his opinion dated 18-12-2000 the Legal Adviser quoting Clause 30.a.4 of section 1 of the bidding document opined that the clause of the bidding terms is a prima facie bar for revival of a bid which has been declared as non-responsive. Again, question arises whether i..Category: Others | Date: | Hits: 153
Abdur Razzaque Mollah Vs. Md. Qayum Mollah & others, 2001, 30 CLC (HCD)
....to sell to the plaintiff. The specific case of defendant No.1 was that the deed of agreement a forged and manufactured. The plaintiff was a contractor under the defendant No.1 and he was entrusted to complete the house in question and in the absence of the defendant No.1 the plaintiff got opportunit......ion of the bainapatra (Exhibit-l) and signature appearing in the bainapatra and also in Exhibit-2 is not of his own. According to him signatures are forged and fabricated because fact that he being a barrister full time engaged legal profession as of a legal practitioner in England and Wales. Mr. KS..Category: Civil Law | Date: | Hits: 71
.... why the Memo No.MC (AP) 7(17)/Fin/82/313 dated 23-12-1997, should not be declared to be declared to be void and without lawful authority and of no legal effect and why they should not be directed to complete the sale transaction in respect of the commercial premises at 25, Bangladesh Avenue, Ramna,......he respondent No.1.
12. We have gone through the petition and the papers annexed therewith and we are of the view that the petitioners were all along ready and willing to perform their part of the bargain in making their payments since 1984. Rather, in the civil suit, the authority of the Governm..
Category: Others | Date: | Hits: 96
Bengal Ceramic Industries Ltd. Vs. Chairman, Petro Bangla & others, 1984, 13 CLC (HCD)
.... that there is any legal background in favour of such demand regulating the mode of payments. 6. We do not intend to express opinion on other questions at this stage. In the interest of a fair and complete justice to the parties, it is sufficient to observe that the plaintiff at this stage is not...... on 28-12-83. Defendant No.2 further stated that the plaintiff was also a defaulter in payment of gas bills and an amount of Taka 2,72,413/15 was outstanding to the Government, Certain other pleas in bar to the suit were also raised opposing the prayer for temporary injunction. 4. The learned Sub..Category: Others | Date: | Hits: 132
Shahid Mia and anothers Vs. State, 1998, 27 CLC (HCD)
....997 against the rejection of their prayer for bail by the Special Tribunal on 10-3-97 and that appeal was summarily dismissed on 3-12-97. In that order dismissing the Special Tribunal was directed to complete the trial within 3 months failing which to consider the prayer for bail of the appellants. ......esent case as noted above we find that the said principle is not applicable to the appellants. In the result, the application is rejected. Ed. This Case is also Reported in: 51 DLR (1999) 207...Category: Criminal Law | Date: | Hits: 35
Sohail Thakur and others Vs. State, 1998, 27 CLC (HCD)
....allowed bail. Examination of informant PW 1 commenced on 18-1-97 and till 1-3-98 in all 14 PWs were examined out of 22 charge sheet named witnesses and on that date cross-examination of PW 14 was not completed. Earlier on 8-2-98 Court cancelled bail of petitioner No.8 Mujibur Rahman and petitioner N......al submission is that the petitioners are not entitled to be enlarged on bail. 4. Mrs. Taposhi, wife of absconding accused Faruk Thakur filed on 13-7-1995 Title Suit No.143 of 1995 against Md. Majibar Rahman and others for specific performance of a contract for sale of house No.3A of Road No.72 o..Category: Criminal Law | Date: | Hits: 33
Annada Prosad Das Vs. DC, Khulna and others, 2001, 30 CLC (HCD)
....adesh have acquired citizenship of many countries of the world such as USA, UK, Canada, Australia, etc. But that does not take away the citizenship of Bangladesh. 25. The citizenship by birth is a complete legal right and a vested constitutional right which cannot be taken away or denied, or lost......ppeal is allowed, the judgments and decrees of the Courts below are set aside and the suit is decreed in full. No order as to costs. Ed. This Case is also Reported in: 53 DLR (HCD) (2001) 496...Category: Immigration and Citizenship Law | Date: | Hits: 190
Milon @ Shahabuddin Ahmed Vs. State, 2001, 30 CLC (HCD)
...."It is elementary that where the prosecution has a definite or positive case, it must prove the whole of the case. Therefore, partial departure affects the credibility of the witnesses very much. And complete departure of the prosecution case from the first information report case, robs the witnesse...... Ahmed are hereby maintained. Send down the lower Court records along with a copy of this judgment to the Court concerned at once. Ed. This Case is also Reported in: 53 DLR (HCD) (2001) 464. ..Category: Criminal Law | Date: | Hits: 35
Abdul Mannan and another Vs. Bangladesh, 1999, 28 CLC (HCD)
....the same in official gazette on 2-7-1998 the writ petitioner on 9-7-98 challenged the final notification in the writ petition and obtained a Rule which is liable to be discharged. The respondent No.2 completed the delimitation of 3 Wards into 9 Wards of Lalmohan Pourashava as per section 21 of the O......9. According to his report, voters were 2750 and 2700 receptively and this would not have been 10% variation of the 3 Wards had the natural boundary, either the rail line or the canal (Choumuhani Atiabari Khal), been taken into consideration but after crossing the rail line as well as the said canal..Category: Election Law | Date: | Hits: 97
Mrs. Aruna Sen Vs. Govt. of the People's Republic of Bangladesh and others, 1974, 3 CLC (HCD)
.... are materials as the basis of the satisfaction of a reasonable, man as to the necessity of the detention for the purpose of preventing the detenu from committing a prejudicial act. The onus is completely on the authority who has deprived a citizen of his personal liberty by detaining him ......on of the precedent law and in which the constitutional powers of the Pakistan High Court s in regard to the judicial review had been so clearly expounded. 28. In repelling an argument made at the bar relying upon the decision in Farmsoa's case as to the necessity of service of a show cause notic..Category: Constitutional Law | Date: | Hits: 291
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