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Dr. Suraiya Hossain Vs. Taherunnessa, 1988, 17 CLC (HCD)
....in 22 DLR at page 56. In that case reported in 25 DLR 282 it was also a question of the status and the position of the tenant by holding over, and a question as to whether holding over is a tenancy independent of the old contract or not. In that case after quoting with approval the decisions rep......d for them to vacate. In the facts and circumstances of the cases there will be no order as to costs. Send down the records at once. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 441...Category: Property Law | Date: | Hits: 88
.... in s. E.F.U. INS. CO. identical terms in both the insurance policies and may be quoted as hereunder :—
"18. If any difference arises as to the amount of any loss or damage such difference shall independently of all other questions be referred to the decision of an arbitrator, to be appointed......ing been required so to do in writing by the other party. In case cither party shall refuse or fail to appoint an arbitrator within two calendar months after receipt of notice in writing requiring an appointment, the other party shall be at liberty to appoint a sole arbitrators, and in case of d..
Category: Business or Commercial Law | Date: | Hits: 290
Alam Ara Huq Vs. Govt. of Bangladesh and others, 1989, 18 CLC (HCD)
....nu was directed to be released forthwith. The relevant portions of the judgment with regard to the grounds of detention dated 25.8.88 are as follows:— "Ground No.1 being the subject matter of an independent criminal prosecution could not have been taken as a ground of the impugned order of de......judgment and order be transmitted to the Secretary, Ministry of Home Affairs immediately for his perusal and necessary future action. Ed. This Case is also Reported in: 42 DLR (HD) (1990) 98. ..Category: Criminal Law | Date: | Hits: 107
Rahmatullah Vs. State and another, 1995, 24 CLC (HCD)
....accordingly discharged. The orders of stay passed earlier are hereby vacated. Sent down the lower Court records expeditiously. Ed This Case is also Reported in: 48 DLR (HCD) (1996) 158. ......10. Mr. TH Khan, the learned Advocate for the petitioners, submits that during the continuance session cases the informant party lost confidence in the Public Prosecutor, for which they moved for the appointment of another Public Prosecutor and it appears from the record that Advocate Mr. Abdul Mann..Category: Criminal Law | Date: | Hits: 99
.... of a lager Bench is refused.
Let the matter be fixed for hearing on 8.6.95 at the top of the list subject to part heard, if any.
Ed.
This Case is also Reported in: 48 DLR (HCD) (1996) 144.
......e interpretation of the constitution of the Republic has arisen. The learned Advocate submitted that the petitioner has raised the question which is of great public importance having an impact on the appointment of Judge as the Chief Election Commissioner and, therefore, the gravity of the case dema..
Category: Procedural Law | Date: | Hits: 136
Abdus Samad Azad and others Vs. Bangladesh and others, 1992, 21 CLC (HCD)
....le 8 is another salient feature of the Constitution which provides the fundamental principles of state policy. Article 44 figures the fundamental rights and other features namely, the Judges shall be independent, that there should be a separation of power under three structural pillars. That was all......1991 having not been before this Court, the impugned Ordinance having been withdrawn, that petition is disposed of accordingly. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 354. ..Category: Constitutional Law | Date: | Hits: 414
Lal Banu Bibi and others Vs. Nourjan Banu, 1986, 15 CLC (HCD)
....s adduced evidence in support of their respective contentions. On consideration of evidence the trial Court held that impugned deed is tainted with fraud and that plaintiff opposite party did not get independent and disinterested advice prior to the execution and registration of the deed in questi......ded but no fresh evidence will be admitted. Cost will abide by the result of the suit. Send down the lower Court's records at once. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 519...Category: Property Law | Date: | Hits: 134
Bangladesh Inland Water Transport Authority Vs. United Trading Corporation, 1989, 18 CLC (HCD)
....the learned Advocate for the petitioner. He, however, submits that the suit filed by the plaintiff-opposite party is not a suit to enforce the award at all. He has vehemently argued that this is an independent suit for determination of damages by the Court afresh on the basis of independent evid......der of the learned Subordinate Judge cannot be sustained. In the result the Rule is made absolute but without any order as to costs. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 513...Category: Civil Law | Date: | Hits: 142
Bangladesh Beverage Industries Ltd. Vs. Rowshan Akhter and others, 2010, 39 CLC (HCD)
....answer for that negligence, fraud or mistake. On the other hand, if the unauthorized and wrongful act of the servant is not so connected with the authorized act as to be a mode of doing it, but is an independent act, the master is not responsible; for in such a case the servant is not acting in the ......ucation as education makes a man a bit responsible. Communicate this order at once. Send down the lower Court records at once. Ed. This Case is also Reported in: 62 DLR (HCD) (2010) 483. ..Category: Civil Law | Date: | Hits: 339
Seraj Miah Vs. State, 1997, 26 CLC (HCD)
....‑examination of the investigating officer, the prosecution case will not fail in every case. The question is, if such non‑examination has caused prejudice to the accused. In this case, though not independent witness has been examined, it must be kept in mind that the accused is a man of the same......assed by the trial Court are upheld. The appellant will undergo the sentence of imprisonment for life without having to pay any fine. Ed. This Case is also Reported in: 49 DLR (HCD) (1997) 192. ..Category: Procedural Law | Date: | Hits: 94
State Vs. Moksed Ali and others, 2011, 40 CLC (HCD)
.... be relied upon to substantiate such conviction to that of the sole evidence not otherwise lending assurance to any other evidence on record but instead asserting itself as proof of its on record independent of other evidence quite contrary to the decidendi in Amir Hossain Vs. State reported in ......dditional Sessions Judge, Manikganj immediately. Send down the Lower Court Records at once. Communicate this order forthwith. Ed. This Case is also Reported in: 63 DLR (HCD) (2011) 346. ..Category: Criminal Law | Date: | Hits: 131
Shamima Sultana Seema and 9 others Vs. Government of Bangladesh and 3 others, 2004, 33 CLC (HCD)
....cles 10, 11, 28(4) and also Article 59. He further submitted that effective and meaningful participation of the women must be ensured in all local bodies including in the City Corporation which are independent in running its own affairs. In support of his contentions, the learned Advocate referred......Article 14 permits reasonable classification so does Article 16(1). A classification may involve reservation of seats or vacancies, as the case may be. In other words, under clause (1) of Article 16, appointments and or posts can be reserved in favour of a class................ His Lordships furt..Category: Constitutional Law | Date: | Hits: 443
....6 and 3069 of Khatian No.2199 corresponding to Hal Khatian No.2304, measuring an area of 29 decimals having commercial and residential structures thereon; that after the emergence of Bangladesh as an independent state on 16th December, 1971 the situation at Lalmonirhat and the adjoining areas was ab......citizenship or he owned allegiance to any other country.
The Rule is accordingly made absolute without any order as to costs.
Ed.
This Case is also Reported in: 44 DLR (HCD) (1992) 340...
Category: Immigration and Citizenship Law | Date: | Hits: 178
Sena Kalayan Sangstha Vs. Haji Sufi Fazal Ahmed and others, 2004, 33 CLC (HCD)
.... in pursuance of it remains protected as past and closed transactions, there is no protection given to the declaratory law in paragraph 18 of the 4th schedule of the Constitution. MLR incorporates no independent provision authorizing any official to take over property as abandoned. It simply declare...... and in the interest of the economy the said concerns are required to be immediately put back into operation and the concerned Ministry shall take over and operate the same either directly or through appointment of administrator. But the instant concern was very much a going concern duly operated by..Category: Property Law | Date: | Hits: 111
Islamia Automatic Rice Mills Ltd. Vs. Bangladesh Shilpa Rin Sangstha and others, 2002, 31 CLC (HCD)
....y this Court restraining the BSRS in disposing of the machineries of the petitioners under the aforesaid Article and Rules and it is now well settled that the remedy provided by this Article 34 is an independent and alternative remedy available to the BSRS and against the decree granted by the Distr...... is discharged with a cost at Taka 25,000 to be paid by the petitioner to the respondent No.3 within 3(three) months from date. Ed. This Case is also Reported in: 55 DLR (HCD) (2003) 463. ..Category: Civil Law, Contempt of Court Law | Date: | Hits: 417
State Vs. Nazma Sarker @ Beauty and others, 2011, 40 CLC (HCD)
....he Rule of prudence may require some sort of corroboration with giving facts. It is not necessary that each and every circumstance mentioned in the confession regarding complicity of the accused must independently be corroborated as it is necessary in the case of using the confession of an accused a...... a copy of this judgment and order, be sent to the concerned Court below for information and necessary action at once. Md. Emdadul Haque Azad J. - I agree. Ed. This Case is also Reported in: ..Category: Criminal Law | Date: | Hits: 98
Mostain Mollah and others Vs. State, 1990, 19 CLC (HCD)
.... grudge and enmity implicated them falsely in this case. They are completely innocent the charge levelled against them. 7. Of these 28 witnesses excluding the formal witnesses there is only one independent and disinterested witness i.e. P.W.8 and all the witnesses are partisan, interested and ......oth the appeals are, therefore, allowed. We reject the letter of reference submitted by the learned Sessions Judge, Narail. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 295. ..Category: Criminal Law | Date: | Hits: 95
Sheerin Alam Chowdhury Vs. Captain Shamsul Alam Chowdhury, 1995, 24 CLC (HCD)
....ated his wife with cruelty. 17. The learned Appellate Court merely affirmed the decision of the trial Court without discussing or considering the evidence on record and without arriving at its own independent finding. 18. The Appellate Court modified the decree passed by the Family Court in a ...... been surrendered by her in consideration for the dissolution of marriage through ‘khula’. There shall be no order as to costs. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 79. ..Category: Family Law | Date: | Hits: 265
Suresh Majumder and Others Vs. Government of Bangladesh & Others, 1998, 27 CLC (HCD)
....ite of such restrictions as imposed under sub-rule (4) of rule 1 of Order 23, the court can exercise the inherent power to make appropriate order in the interest of justice. Is sub-rule (1) of rule 1 independent? 12. The principles in such cases in matter of allowing one of two or several plainti...... the category of defendants and accordingly the plaint may be amended. Accordingly the Rule is disposed of without any order as to costs. Ed. This Case is also Reported in: 42 DLR (1990) 10. ..Category: Procedural Law | Date: | Hits: 82
State Vs. Md. Sirajul Islam and others, 2012, 41 CLC (HCD)
....he Rule of prudence may require some sort of corroboration with giving facts. It is not necessary that each and every circumstance mentioned in the confession regarding complicity of the accused must independently be corroborated as it is necessary in the case of using the confession of an accused a......cted the building and about 20 days before their brutal murder Akhter Hossain with his wife Julie and their daughter Arna started living in that newly constructed building. Besides, there was also disappointment and strained relation between Akhter Hossain and accused Siraj over their paternal prope..Category: Criminal Law | Date: | Hits: 105
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